Loading...
11-13-2018 CC Rpt 14COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: NOVEMBER 13, 2018 FROM: CITY MANAGER ITEM NO:14 SUBJECT:AMENDMENT NOS. 2 AND 3 TO AGREEMENT A98-58 WITH SPRINT PCS ASSETS, LLC. RECOMMENDATION: Authorize the execution of Amendment Nos. 2 and 3 to Agreement A98-58 with Sprint PCS Assets, LLC, to amend "Attachment D" relating to telecommunications equipment, and Section 20 (g) and (h) relating to cost reimbursements and noticing addresses of the existing cell facility at 2072 Miramonte Court. BACKGROUND/ANALYSIS: The City entered into Agreement A98-58 with Cox PCS Assets, LLC, on July 14, 1998. That agreement was extended for successive five (5) year terms pursuant to the terms of the lease and is still in effect today. On November 26, 2014, Sprint Wireless, successor in interest to Cox PCS Assets, LLC, requested and submitted plans and on April 23, 2013, the Community Development Department approved said plans to modify an existing wireless communications facility at the City Reservoir at 2072 Miramonte Court. The proposed plans consisted of removal of two (2) panel antennas, the installation of three (3) new panel antennas, three (3) new remote radio units installed behind new panels, one (1) new fiber cable, one (1) new battery strings within existing battery cabinet, one (1) new equipment module within existing cabinet and the location of six (6) future antennas. Condition No. 6 to the second amendment to the Site Development Permit No. 98SDP01 required that Agreement No. A98-58 be amended to reflect these changes, however for unknown reasons the agreement was not amended in 2014. On May 17, 2018, Sprint PCS Assets, LLC, requested a third amendment and submitted plans. The Community Development Department approved said plans to modify the existing wireless communications facility at the City Reservoir at 2072 Miramonte Court. The plans include the removal of three (3) existing 2500 MHz antennas, installation of three (3) 800/1900 MHz antennas, installation of three (3) 2500 MHz antennas, installation of six (6) 800 MHz remote radio head units, and lower three (3) existing 2500 MHz remote radio head units. The agreement amendment is to (1) incorporate the changes approved by the Community Development Director in 2014 and the current request to modify the equipment relating to the communications equipment into the original agreement; (2) ensure payment of all costs of Licensor, including attorneys' fees incurred in the preparation and review of the cell tower agreements, attachments, amendments and other related approvals or documents necessary in the preparation of the agreement by requiring a deposit of $3,500; and (3) update the noticing addresses. 76/211 ENVIRONMENTAL (CEQA) REVIEW: This proposed action is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000 et seq., CEQA) and CEQA regulations (14 California Code Regulations §§ 15000 et seq.) because it constitutes an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. Accordingly, this action does not constitute a "project" that requires environmental review (see specifically 14 CC § 15378 (b)(4-5)). FISCAL IMPACT: The amendment to the agreement will have no fiscal impact on the General Fund. Any costs incurred in the preparation and review of the agreement, including attorneys' fees, will be reimbursed by the Licensee from a deposit collected by the City. REVIEWED BY OTHERS: This item has been reviewed by the City Attorney, Finance Director, and the Community Development Director. Respectfully Submitted,Recommended By: Attachments Agreement Amendment 77/211 CITY OF CHINO HILLS AMENDMENTS NOS. 2 AND 3 TO AGREEMENT NO. A98-58 BETWEEN THE CITY OF CHINO HILLS AND SPRINT PCS ASSETS LLC THIS AMENDMENT to Agreement No. A98-58, dated July 14, 1998 ("Agreement No. A98-58"), consisting of two amendments (hereinafter called "Amendments Nos. 2 and 3"), is entered into in the State of California by and between the City of Chino Hills, a California general law municipal corporation, hereinafter called "City", and Sprint PCS Assets, LLC, a Delaware limited liability company hereinafter called "Sprint." WHEREAS, on November 26, 2014, the Community Development Director approved the second amendment to Site Development Permit No. 98SDP01 to modify the existing wireless communications facility at the City reservoir at 2072 Miramonte Court, including the removal of two (2) panel antennas, the installation of three (3) new panel antennas, the installation three (3) new remote radio units installed behind the new panels, one (1) new fiber cable, one (1) new battery strings within existing battery cabinet, one (1) new equipment module within existing cabinet and the locations of six (6) future antennas; condition of approval number 6 to the second amendment to the Site Development Permit No 98SDP01 required that Agreement No. A98-58 be amended to reflect these changes, however, for unknown reasons Agreement No. A98-58 was not amended at that time; and WHEREAS, on May 17, 2018, the Community Development Director approved the third amendment to Site Development Permit No. 98SDP01 to modify the existing wireless communications facility at the City reservoir at 2072 Miramonte Court, including the removal of three (3) existing 2500 MHz antennas, installation of three (3) 800/1900 MHz antennas, installation of three (3) 2500 MHz antennas, installation of six (6) 800 MHz remote radio head units, and lower three (3) existing 2500 MHz remote radio head units; and condition of approval number 21 to the third amendment to the Site Development Permit No 98SDP01 required that the Agreement be amended to reflect these changes; and WHEREAS, by this Amendment, the City intends to ensure satisfaction of both of the above-referenced conditions of approval, from both 2014 and 2018; further, in order to avoid confusion this amendment has been named Amendments Nos. 2 And 3 To Agreement No. A98-58 Between The City Of Chino Hills And Sprint Pcs Assets LLC," in order to correspond with the second and third amendments to Site Development Permit No. 98SDP01; and WHEREAS, the Parties also desire to update the deposit and notice provisions of Agreement No. A98-58 by this amendment. NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, City and Sprint agree as follows: Section 1. Incorporation of Recitals. The Parties hereby affirm the facts set forth in the Recitals above and agree to the incorporation of the Recitals as though fully set forth herein. 78/211 79/211 80/211 81/211 82/211 83/211 84/211 85/211 86/211 87/211 88/211 89/211 90/211 91/211 92/211 93/211 94/211 95/211 96/211