25E - CELLULAR ANTENNA - ADAMS PARK

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Lease Agreement with T-Mobile West Corporation at Adams Park July 19, 2010 Page 2 south of the existing light pole and will provide additional room for the ball field. The old light pole will be removed and the lights will be switched over with minimum impact to our users. The amount of the agreement is $2,400 per month ($28,800 per year). The term of the lease agreement is 10 years, with three 5 year extension options. The agreement also provides for the lease rate to increase 4% per year throughout the term of the lease. In addition, T-Mobile has agreed to submit a one time $10,000 payment as soon as the lease is signed. The $10,000 payment will be deposited in a special account for deferred maintenance improvements at Adams Park. The annual $28,800 lease payment will be deposited in the General Fund for payment of the landscape maintenance contracts in City parks. T-Mobile will provide all the proper insurances and obtain the necessary city permits prior to construction. A presentation of T-Mobile's proposal was made to the Valley/Adams Neighborhood Association on January 28, 2010 and the Laurelhurst Neighborhood Association on February 11, 2010. Questions were raised on health/safety issues and how the revenues would be used. The Valley/Adams Neighborhood Association was satisfied with the response and approved T- Mobile's cell tower at Adams Park. The Laurelhurst Neighborhood Association expressed long term health/safety issues to their children. T-Mobile consultant addressed the concerns and 30% of the residents present approved the cell tower and 70% opposed the installation. T-Mobile's consultant indicated the radiation level from the antenna is way below the federally acceptable level. Staff explained due to federal regulations, cities can not disapprove cell tower installation based on the perception of radiation exposure. Conditions can only be provided on aesthetics, improvements or lease rates. If the lease is denied on a park site, cell companies are allowed to use the public right of way, similar to utility companies to install their antennas. This installation will require more antennas at a lower height to obtain the same service level. ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended action is exempted from further review. Categorical Exemption Environmental Review No. 2010-29 (Adams Park) will be filed for this project. FISCAL IMPACT This appropriation adjustment will recognize $38,800 in the Capital Outlay Fund Miscellaneous Recovery account (no. 05102002 57010) and appropriate same to the Capital Outlay Fund Improvements other than Building Expenditure account (no. 05113263 66220) for landscape maintenance of City parks. ~j~ ~ ~ APPROVED AS TO FUNDS AND ACCOUNTS: Gerardo Mouet, Francisco Gutierrez, Executive Director Executive Director Parks, Recreation and Finance and Management Services Agency Community Services Agency 25E-2