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04-23-2019 CC Rpt 13COUNCIL AGENDA STAFF REPORTCOUNCIL AGENDA STAFF REPORT TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS DATE: APRIL 23, 2019 FROM: CITY MANAGER ITEM NO:13 SUBJECT:AMENDMENT NO. 3 TO AGREEMENT A03-109 WITH SPRINT PCS ASSETS L.L.C. RECOMMENDATION: Authorize the execution of Amendment No. 3 to Agreement No. A03-109 with Sprint PCS Assets, L.L.C., to increase amount of cost reimbursements, update noticing addresses, authorize the City Manager to accept written consent for changes to equipment that do not increase overall height or square footage of land impacted, and modify the telecommunications equipment of the existing cell facility at 6301 Mystic Canyon Drive. BACKGROUND/ANALYSIS: The City entered into Agreement A03-109 with Sprint PCS Assets, L.L.C., on August 26, 2003. That agreement was extended for successive five (5) year terms pursuant to the terms of the lease and is still in effect today. On December 6, 2018, MD7, LLC (on behalf of Sprint), requested and submitted plans and on March 15, 2019, the Community Development Department approved said plans to modify an existing wireless communications facility at 6301 Mystic Canyon Drive (City Reservoir at Mystic Canyon Drive). The proposed plans consisted of removal of two (2) 800/1900 MHz antennas, two (2) 2500 MHz antennas, and (2) 2.5 hybrid cables; and the installation of (2) 800/1900 MHz antennas, four (4) 800 MHz remote radio heads, one (1) 9712 cabinet, one (1) fiber distribution box, and two (2) hybrid cables. The proposed modifications will not result in an increase in the number of antennas, an increase in the height or visibility of the existing facility, or an enlargement of the exiting lease area. In addition, Section 6(c) of Agreement A03-109 will be replaced in its entirety to allow for changes to equipment that do not increase the overall height of the equipment or square footage of land impacted, and that have been reviewed and approved pursuant to Chapter 16.44 of the Chino Hills Municipal Code to be subject to written approval by the City Manager while all other changes are subject to approval of the City Council by written amendments. Section 20(f) is being amended to ensure payment of costs, including attorneys' fees incurred in the preparation and review of the cell tower amendment, by increasing the deposit to $3,500, the notification addresses in Section 20(g) have been updated, and Attachment "D" has been updated to represent an accurate description of the new equipment to be installed. 19/114 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: This item has been reviewed by the Community Development Director and the Finance Director. REVIEWED BY OTHERS: 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. We do not anticipate the costs to exceed the deposit amount. Respectfully Submitted,Recommended By: Attachments Agreement Amendment 20/114 21/114 22/114 23/114 ATTACHMENT D COMMUNICATIONS EQUIPMENT AND OPERATIONAL CONFIGURATION 24/114 25/114 26/114 27/114 28/114 29/114 30/114 31/114 32/114 33/114 10590 W. Ocean Air Dr., #300, San Diego, CA 92130 WTF at: 6301 Mystic Canyon Rd Chino Hills, CA 91709 APN: 1033-181-36 West View 34/114 10590 W. Ocean Air Dr., #300, San Diego, CA 92130 WTF at: 6301 Mystic Canyon Rd Chino Hills, CA 91709 APN: 1033-181-36 North View 35/114