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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />MAY 5, 2008 <br />TITLE: <br />LEASE AGREEMENT WITH OMNIPOINT <br />COMMUNICATIONS INC. FOR CELLULAR <br />ANTENNA AT FIRE STATION NO. 5 <br />~J/ L~ <br />~?~ / <br />CITY MANAGER <br />RECOMMENDED <br />CLERK OF COUNCIL USE ONLY: <br />APPROVED <br />^ As Recommended <br />^ As Amended <br />^ Ordinance on 1S` Reading <br />^ Ordinance on 2"d Reading <br />^ Implementing Resolution <br />^ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />1. Authorize the City Manager and Clerk of the Council to execute the <br />attached lease agreement with Omnipoint Communications Inc. to allow <br />for the location of a cellular antenna at Fire Station No. 5, for a <br />rental fee of $27,300 per year, subject to non-substantive changes <br />approved by the City Manager and City Attorney. <br />2. Receive and file Categorical Exemption for Environmental Review No. <br />2007-207 for Fire Station No. 5. <br />DISCUSSION <br />Omnipoint Communications Inc., a subsidiary of T-Mobile USA Inc., <br />proposes to locate a cellular antenna at Fire Station No. 5 (120 W. <br />Walnut) as conditioned by Site Plan Review 2007-79. The lease agreement <br />is for 450 square feet of lease area to build a slim-line monopole. <br />Omnipoint will pay $27,300 annually for this lease. In addition, <br />Omnipoint will provide a one-time, non-recurring, non-refundable payment <br />equal to $10,000. The ATS consultant agreement previously approved by <br />City Council requires the lease payment to be shared eighty percent <br />($21,840/annual) to the City and twenty percent ($5,460/annual) to ATS <br />Communications. The term of the lease agreement will be for 10 years, <br />with three 5-year renewal options. The agreement also includes a four <br />percent lease rate increase per year for the term of the lease. The <br />Fire Department has reviewed and approved this lease agreement. <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act, the <br />recommended action is exempt from further review. Categorical Exemption <br />25L-1 <br />