CITY MANAGER' S REPORT
ITEM 4. 18
7UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: APPROVAL OF AN OPTION AND LAND LEASE
AGREEMENT FOR THE CONSTRUCTION OF A NEW
WIRELESS COMMUNICATIONS TOWER
RECOMMENDATION: Adopt Resolution Approving an Option and Land Lease Agreement for the Construction of a New
Wireless Communications Tower
SUMMARY:
City staff have negotiated terms for an Option and Land Lease Agreement Agreement") for New Cingular Wireless PCS, LLC dba AT& T ( AT&T") to develop a communications tower (' Tower") on City- owned property to have the ability to serve other national cellular communication providers and related public agencies.
The proposed tower will improve wireless cellular coverage and capacity to businesses and residents within the area. The proposed location would help close the gap in coverage and help address the rapidly increasing data usage. The proposed tower would serve as backup to the existing landline service and would provide improved mobile communications, which are essential to emergency response, community safety, commerce, recreation, and tourists/ commuters/ travelers along the Interstate 5 corridor.
Staff recommends City Council consider a resolution to approve the Option and Tower Lease Agreement with AT&T.
BACKGROUND:
The City and AT& T have negotiated terms for a proposed Agreement for AT& T to develop a communications Tower on City- owned property near Christopher Way, in Lathrop. It is favorable to the City to require the Tower to be built on City- owned property so that the City may control use of the structure. Once the Tower is constructed, the City will be able to enter into lease agreements with other wireless communications providers to provide more efficient wireless communications services to the Lathrop community. The submitted plans for the Tower include construction of an eighty- six ( 86) foot Tower ( a Monopole) with a proposed twenty ( 20) foot nonexclusive lessee access and utility easement, and the Tower will be structurally engineered to accommodate three ( 3) wireless Providers. Once construction is complete, the Tower would be dedicated to the City.
Reliable and robust wireless networks are of increasing importance with the growth and use of cellular phones and data driven devices. Wireless telecommunication devices such as mobile phones, smartphones, and tablets have become an important tool for business, commerce, and public safety.
CITY MANAGER' S REPORT PAGE 2
June 13, 2022 CITY COUNCIL Regular MEETING
Adopt Resolution Approving an Option and Land Lease Agreement for the Construction of a New Wireless Communications Tower
The proposed project will have no adverse effect on abutting property and surrounding industrial development and the lease area is adequate in size to accommodate the proposed project while limited enough to allow the City to make other use of the remaining parcel.
No land use Planning entitlement is required for the proposed cell tower pursuant to Section 17. 97. 130 of the Lathrop Municipal Code. This provision exempts all wireless communications facility from a land use entitlement ( Conditional Use Permit or Site Plan Review) if the facility is proposed on City owned property pursuant to a lease agreement.
REASON FOR RECOMMENDATION:
The proposed Agreement for the construction and operation of a new communication Tower would provide the City with a mechanism to collect funds to maintain the Tower and the Site.
Wireless telecommunication devices such as mobile phones, smartphones, and tablets have become an important tool for business, commerce, and public safety. A new Tower would allow more communications Providers to bring more efficient wireless communication capabilities to the Lathrop Community.
FISCAL IMPACT:
Lease payments will fully fund maintenance of the Tower. The portion of the lease payments retained by the City is adequate for maintenance, and income in excess of the costs of maintenance will be available to the City for general use.
ATTAC H M E NTS:
A. A Resolution Approving an Option and Land Lease Agreement with New Cingular Wireless PCS, LLC dba AT& T for the Construction and Operation of a Communications Tower on City of Lathrop Property.
B. Site Plan for Communication Tower.
CITY MANAGER' S REPORT PAGE 3
7une 13, 2022 CITY COUNCIL Regular MEETING
Adopt Resolution Approving an Option and Land Lease Agreement for the Construction of a New Wireless Communications Tower
APPROVALS:
C- S- 2oZ2
Ken Reed Date
Senior Construction Manager
7' - Z
Fernandes Date
Dire tor of Information Systems
Uc c
Ca i Ja s Date
Dire ' of Finance
o- 8- Ln2 2
Michael King Date
Assistant City Manager
7- ZZ
Salvador Navarrete Date
City Attorney
G• 8 •zz
Step en J. Salvatore Date
City Manager
RESOLUTION NO. 22-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP
APPROVING AN OPTION AND LAND LEASE AGREEMENT WITH NEW
CINGULAR WIRELESS PCS, LLC DBA AT& T FOR THE CONSTRUCTION AND
OPERATION OF A COMMUNICATIONS TOWER ON CITY OF LATHROP
PROPERTY
WHEREAS, New Cingular Wireless PCS, LLC dba AT& T ( AT& T") has proposed to build a new communications tower ( Tower") in the City of Lathrop; and WHEREAS, the City desires to allow AT&T to build a new communications tower to bring more efficient wireless communication capabilities to the Lathrop community; and
WHEREAS, the City and AT&T have negotiated an Option and Land Lease Agreement for the construction and operation and maintenance of said Tower; and WHEREAS, once the Tower is complete and accepted by the City, the City may enter into lease agreements with other wireless communications providers who may then provide more efficient wireless communication services to the Lathrop community; and
WHEREAS, a land use Planning entitlement is not required for the proposed Tower per Section 17. 97. 130 of the Lathrop Municipal Code, which exempts all wireless communications facilities from land use entitlements ( Conditional Use Permit or Site Plan Review) if the facility is proposed on City owned property pursuant to a lease agreement; and
WHEREAS, the portion of the lease payments retained by the City is anticipated to be adequate for maintenance, and income in excess of the costs of maintenance will be available to the City for general use.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop does hereby approve the proposed Option and Land Lease Agreement with New Cingular Wireless PCS, LLC dba AT& T.
Resolution No. Page 1 of 2
The foregoing resolution was passed and adopted this 13th day of June, 2022, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
SONNY DHALIWAL, MAYOR
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Resolution No. Page 2 of 2
Attachment B
cn > o i
P J Q
W Ya O 3
V
aM
oa
Y
O
00 ui m o0 M
Z
Wz o W= al a
O
Q Zo yw a y a uX.i Q
N o u w U U W ,'; F U
N o i rG J
C = N
y N N
Q
j > Q = Q a 0 z U aI
OZ
W Q
m
y
0 MZ ~ W
Z
xOo6 V
U a
a
f- V' u. i ++ z
U w m > w
mfn a , 3h
Z W
y
p UQ h0
V
LL X W
W
OQ
LL
aIZ
i
yO
LL
J
J
Q z Q O
y
P i q
a > a Qz
Q.
QP ii P
J
OPQ//
y,
N` .
o ,- ; ' QROQ "
o
t,..:,..
Z W u+ \
oa ,
a a
o'''" a
U Z o "'
J
O
M J
O
Q F
w Q o
W ao
LL
Z
LL = ^` J\ Q
o = a
y,,
a O o a
o o
u°'i
r u,
y
y
W
d
v' 3 W y M Od`
p Q W U
Q a Q yd '.
W
L c
W W 0 7
a
o o o o
y a
c
c o fn
z W
N
W o
y
y V Z J
X
Z a
W Q
o a
3 o
o
ae
a
W
U y oQ j``
N ,,
W W Qj,
z
0 M
W= M
3Q a
0 y
r
W Z
U
UQ H121{ V NVId
O
Q Z
cn > r a r
Q
U o°' e
J
M
H
W V
P
M H
f m i.i m m n
Z
W Z 0
V
W = Q U J
Q O Q
W Y'
I
O y O d W Q
F
O
W U U W W U
N N
J m z = y
i
U
H vZai
i Q al z U a
Y
Q Z
W
WC
W
N Q Z
O "' Q W
7 y Q
y
2 Q-'
C W V 3
C J
X
m
W a W
pp Z W O P7 O O Q
X ++ X
Z m
o LL U o Z
m
W
U
H
F
W
O Y O M Z w
r Q C H 1-- H V
U' 1-°- Z H H H N Z
0 Q O 1 Q Q Q W LWI.
W
Z
a
m ,
V O V
a
w
a
Z
O
3 c
W C
m a W w
O o
m
M~ LL
Q
a
K ha- X Q Z
m
Q a0 H 0
a
Q LL
W
x
Q W
Z
W
y O Z y Z
Oa Z
Q
Y W - I
O N ,! V
oty
a
Iii"
a > w m Q Q Q f
Q( f y+ "
i',
r,,
i
i i
Wc y Y \ N W 1
e o `
C 0 Z W V
W
Z
I` LL a'~ V ULL Q
a x Z O W
a U
r
u+ Z z
a M a Z O N
3 C9 3 X
p P Z
O
W Q
M Q ., O
3 W~ 0-' Y N Z Q y F U ad
a Z W
N
W =
O
W
Q
Z W Q
U y W y
Z U W Z
W W W = ,^ 3 V
z JU V z a ; oo .;
z p QQ ry.- °-
d oc 3> o"' U
am
x
y ,
xW oxW 3a '+ u,
Q
Q yW d Z u ? a W
LL
3 0
Q
3W yy zo z N
Oa XQ O am LL WQw e~tlQ a
W Y S y C= F—
o> z
y
m OZVQ Q
J
W
33 Z v ZQo
3 p
W 0 3
U U > o
K Z W
V
3 Q W
y
W N
03 . N Z Z=
a V
nm3
Q w W
Q
W
N
Z
m
W Q
e"' r
N
i V
p a
Y F
a O V
00 ui ' m o0 m
Z
Q W Q M o
iyj
W W O
W
X
a 2
V
X
w
J
Q O Q
W ? O
y d W Q
N N U J a0 N
nQ o¢ O Q r 2 ~
a z U a
JIJ NIJ
0 IJ
o'? Z? Q
o Q w a
Z
o o Q
I Z o
N
al QI O
WIJ
w
I O I QW I Q 1 I Z
w [ O
I pI QZ C9Z lo
Q
I LL I
U
W J Q
o y~ I
h
d W W
I ° I ac Z
LL W
I
I
Zi W
m m Z
i
I 3o W a oo a
U Z ' LL I
w Z O z y( _
Wo Z Y
3P
Y J
aW 3 Ma
o~! 3 e~tl a~d o~tl r
a a a a3 a
t ,
x
C9
z
O
o x
Q a m Z
Q X
m O O
O
W
3V Y
3 N a a
O W
a
a " 3
a YZ O
z
a ,
U W
a 3
0 a
a