HomeMy WebLinkAbout2020-06-09; City Council; ; License Agreement with New Cingular Wireless PCS, LLC, to Operate a Wireless Communication Facility at Calavera Hills Community Park (Assessment Parcel Number: 167-101-35CA Review CKM
Meeting Date June 9, 2020
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Curtis M. Jackson, Real Estate Manager
curtis.jackson@carlsbadca.gov, 760‐434‐2836
Subject License Agreement with New Cingular Wireless PCS, LLC, to Operate a
Wireless Communication Facility at Calavera Hills Community Park
(Assessment Parcel Number: 167‐101‐35)
Recommended Action
Adopt a resolution authorizing the city manager to execute and take all actions necessary to
implement a license agreement between New Cingular Wireless PCS, LLC and the City of
Carlsbad to operate a new wireless communication facility at Calavera Hills Community Park.
Executive Summary
New Cingular Wireless PCS, LLC, a subsidiary of AT&T Mobility LLC, wants to install, maintain
and operate a new wireless telecommunications facility1 at Calavera Hills Community Park for
10 years, with two five‐year extension options. The initial annual license fee is $46,800 and is
subject to 3% annual increase over the term of the agreement. City ordinances do not grant the
city manager the authority to execute license agreements. This action by the City Council will
approve the agreement and give the city manager the authority to execute and take all actions
necessary to implement it. The company is licensed by the Federal Communications
Commission to provide personal communications services.
Discussion
Calavera Hills Community Park is located on the southwest corner of Carlsbad Village Drive and
Glasgow Drive. In order to increase coverage, New Cingular Wireless has asked to locate its
facility on a ballfield light standard in the northeast corner of the property. The installation of the
facility will increase service reliability to nearby residents.
New Cingular Wireless received approval of its minor conditional use permit on Oct. 29, 2019,
and is working to obtain approval of its building permit(s) to place the facility on the property.
The permit calls for six panel antennas and 12 remote radio units enclosed within a shroud
mounted on top of a replacement 80‐foot tall light pole. The permit also allows the construction
of a new equipment enclosure that is to be built into the slope of the park property.
1 Wireless communication facilities are the antennas, support structures and other equipment or apparatus
needed to provide wireless communication and information services.
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Fiscal Analysis
Under the license agreement, the city will receive annual revenue starting at $46,800, or $3,900
per month, and the agreement will be subject to yearly 3% increases, as detailed in the below
rent schedule. In addition, the city will receive a one‐time, lump‐sum payment of $8,000 for
administrative expenses.
Period (years) Minimum annual rent
1 $46,800
2 $48,204
3 $49,650
4 $51,140
5 $52,674
6 $54,254
7 $55,882
8 $57,558
9 $59,285
10 $61,063
Staff anticipates a total minimum revenue of $536,510 will be generated from the agreement over
the initial 10‐year term.
Next Steps
Upon execution of the license agreement, the issuance of building permit(s) and the
commencement of construction, the city will begin collecting rent at the negotiated rate. New
Cingular Wireless will continue working to obtain its building permit(s) to construct the facilities.
Environmental Evaluation (CEQA)
The proposed action is exempt from the California Environmental Quality Act, as described in
State CEQA guidelines 15301 – Existing Facilities, which exempts the leasing of property involving
negligible or no expansion of use beyond that existing at the time of the agency’s determination.
Exhibits
1. City Council resolution
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RESOLUTION NO. 2020-099
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AND TAKE
ALL ACTIONS NECESSARY TO IMPLEMENT A LICENSE AGREEMENT WITH
NEW CINGULAR WIRELESS PCS, LLC TO OPERATE A NEW WIRELESS
COMMUNICATION FACILITY AT CALAVERA HILLS COMMUNITY PARK
(APN: 167-101-35)
Exhibit 1
WHEREAS, city staff has negotiated a license agreement (Agreement) with New Cingular
Wireless PCS, LLC (New Cingular) to operate a new wireless communication facility at Calavera Hills
Community Park (APN: 167-101-35); and
WHEREAS, New Cingular obtained approval of a Minor Conditional Use Permit (MCUP 19-07)
on Oct. 29, 2019, to install six panel antennas and 12 remote radio units enclosed within a shroud
mounted on top of a replacement 80-foot tall light pole; and
WHEREAS, the term of the Agreement is for an initial term of 10 years with two extension
terms of five years each; and
WHEREAS the initial annual Agreement fee is $46,800 and is subject to three-percent
increases annually over the term of the Agreement•
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as
follows:
1. That the above recitations are true and correct.
2. That the Agreement (Attachment A) is approved and the city manager is authorized and
directed to execute it.
3. That the City Manager, or his designee, is hereby authorized to take all actions necessary
to implement the Agreement that are consistent with and in full compliance with the
June 9, 2020 Item #1 Page 3 of 56
terms and conditions expressed in the Agreement, including any Agreement extensions,
and to the satisfaction of the City Attorney, including any amendment to the Agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad, California, on the 9th day of June 2020, by the following vote, to wit:
AYES: Hall, Blackburn, Bhat-Patel, Schumacher.
NAYS: None.
ABSENT: None.
MATT HALL, MAYOR
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June 9, 2020 Item #1 Page 4 of 56
COMMUNICATIONS SITE LICENSE AGREEMENT
between
THE CITY OF CARLSBAD
and
New Cingular Wireless PCS, LLC
EFFECTIVE DATE: J" u.V\e.. 11, 2() 20
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COMMUNICATIONS SITE LICENSE AGREEMENT
This Communications Site License Agreement (this "License") dated 5v"'4. \\ ,
2020 (the "Effective Date") is between the City of Carlsbad, (the "CITY") and New
Cingular Wireless PCS, LLC ("Licensee").
BACKGROUND
A. WHEREAS, the City, in its proprietary capacity as a California municipal
corporation, owns or controls that certain real property commonly known as
Calavera Hills Community Park in the City of Carlsbad, County of San Diego, State
of California (APN: 167-101-35) (the "Property"), as legally described in Exhibit A
attached hereto and incorporated herein;
8. WHEREAS, Licensee desires to construct, install, own, operate and maintain
wireless communication facilities as its primary business;
C. WHEREAS, Licensee desires to license from the City certain ground space on the
Property (the "License Area") for the Permitted Use (as defined in Section 3.1
(Permitted Use; Equipment) in this License), together with additional non-exclusive
space for access and utilities, all as more particularly described and depicted in
Exhibit B attached hereto and incorporated herein;
D. WHEREAS, the City, in its proprietary capacity as a California municipal
corporation, desires to license to Licensee the License Area for the Permitted Use
on the terms and conditions in this License;
NOW, THEREFORE, for good, valuable and sufficient consideration received and
acknowledged, the City and Licensee agree as follows:
AGREEMENT
1. DEFINITIONS
"Access Route" means the non-exclusive license for physical ingress and egress over
the Property from Glasgow Drive to the License Area in the location shown on Exhibit B.
"Access Route Maintenance Expenses" means all costs, if any, incurred by the City, in
its reasonable discretion to: (1) operate, maintain and/or repair the Access Route, which
includes without limitation all related costs for labor and material, so as to keep the Access
Route in a neat, clean, safe and good condition as determined by the City in its reasonable
discretion; (2) add or replace improvements on, under or over the Access Route
mandated under any applicable Laws; or (3) replace improvements on, under or over the
Access Route as amortized over their useful lives. Access Route Maintenance Expenses
does not include any maintenance, repairs or replacements in connection with damage
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IN WITNESS WHEREOF, the parties have executed this License on the Effective Date
first written above:
LICENSOR: LICENSEE:
New Cingular Wireless PCS, LLC
By: AT & T Mobility Corporation
Its: Manager
By:
Its: SottL'1,haJ1JJ11;K-Cl'--J ~,,a~ Its:
Date: ( l 3UN2D Date: --~4--) CJ ....... /--=--7_0 z_d ___ _
APPROVED AS TO FORM:
By:~
Celia Brewer
City Attorney
Date: __ '<:~/--~IO_-_d,~O ..... a-"O _____ _
APPROVED BY CITY COUNCIL
RESOLUTION NO. o,76~-Oqq
ATTEST:
By:
Date: _.,,,_q:..,......{&A..(..=c=....,'....,l,~Z--0 .... 2 .... co&...> __
[END OF SIGNATURES-EXHIBITS BEGIN ON NEXT PAGE]
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