RESOLUTION NO. 23-__
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HERCULES AUTHORIZING THE CITY MANAGER TO EXECUTE THE SITE LEASE WITH AT&T MOBILITY AT 111 CIVIC DRIVE, APN 406-150-015-5 WHEREAS, on March 21, 2006, the City of Hercules Planning Commission approved Design Review Permit No. 05-09 and Conditional Use Permit 05-01, allowing the installation and operation of an unmanned telecommunications facility on an existing 55-foot tall PG&E transmission tower, with an associated 250 square foot enclosure at 1625 Sycamore Avenue; and WHEREAS, on May 3, 2023, PG&E notified AT&T Mobility that their lease agreement for their telecommunications facility and equipment enclosure at 1625 Sycamore Avenue would not be renewed and all equipment must be removed by August 25, 2023; and WHEREAS, to eliminate telecommunication coverage gaps as much as practicable, a temporary location, until a permanent site can be found and constructed, was sought and 111 Civic Drive was evaluated for continued coverage and found feasible; and WHEREAS, on August 21, 2023, the City of Hercules Planning Commission approved a Temporary Use Permit No. 23-28, to allow the relocation of the communication tower from 1625 Sycamore Avenue to 111 Civic Drive for 24 months or when an approved replacement facility is constructed and issued a certificate of compliance, whichever is sooner; and WHEREAS, the approved development proposal, Temporary Use Permit No. 23-28, includes a communication tower on wheels, 35-feet in height and an equipment shelter on an approximate 35-foot by 35-foot, 1,225 square foot, leased area; and WHEREAS, AT&T Mobility desires to lease the site area, approximately 1,225 square feet in area, to accommodate a temporary equipment shelter and a 35-foot in height communications tower on wheels; and WHEREAS, the City’s consultant, Center for Municipal Solutions (CMS), negotiated a lease rate of $1,800.00 per month, to be increased annually by 3% or the CPI, whichever is higher, with a maximum cap at 4% increase as stated in the attached Site Lease; and WHEREAS, a Site Lease has been prepared, reviewed by the City Attorney, for the City Council’s consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hercules as follows:
The City Council approves the attached Site Lease and hereby authorizes the City Manager to execute all lease related documents, substantially similar to the attached lease, with AT&T Mobility.
The foregoing Resolution was duly and regularly adopted at a regular meeting of the City Council of the City of Hercules held on the 10th day of October 2023 by the following vote of the Council:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________
Alex Walker-Griffin, Mayor
ATTEST:
________________________________
Eibleis Melendez, City Clerk
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