CITY OF PACIFICA
COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:
Resolution to Approve First Amendment to Communications Site Lease Agreement between the City of Pacifica and American Tower Company
RECOMMENDED ACTION:
Adopt a Resolution to Approve the First Amendment to the Communications Site Lease Agreement between the City of Pacifica and GTE Mobilnet of California LP d/b/a Verizon Wireless (American Tower Company) for Expanded Lease Space Area at Frontierland Park, 900 Yosemite Drive Site.
STAFF CONTACT:
Bob Palacio, Director - Parks, Beaches & Recreation Department 650 738-7382
[email protected]
BACKGROUND/DISCUSSION:
The City of Pacifica and d/b/a Verizon Wireless, by Cellco Partnership entered into an an executed agreement on December 12, 2011 giving permission to construct, maintain, repair and operate a communications facility (cell tower/tree) at 900 Yosemite Drive, Pacifica, CA.
On March 27, 2015 Verizon Wireless entered into a management agreement with American Tower Company to sublease, manage, operate and maintain the premises. ATC has limited power of attorney to prepare, negotiate, execute, deliver and record certain file documents on behalf of the tenant.
On March 10, 2023 American Tower Company, who operates the cell tower for GTE Mobilnet and Verizon, was granted permission to install a 15’ extension to the existing cell tower and make modifications within the footprint of the existing fenced area beneath the tower. That work has since been completed and was necessary prep work to be done prior to the Dish and AT&T installations which ATC is now requesting.
Pacifica City Council 2
February 12, 2024
ATC is now proposing a first amendment to the original agreement. The amendment would allow for two projects to occur. The first is to allow for AT&T to be installed at the premises, which would require an additional 381.58 square feet of ground space to be used for an AT&T equipment installation (expanded lease space area). The second project is a DISH installation project that will require boring beneath the existing Frontierland Parking lot. This will allow a fiber connection from the tower to Yosemite Drive to take place. There would be 3 access covers (see blue dots on construction document photo)
On March 17,2022, American Tower Company submitted a Nonionizing Electromagnetic Radiation Study (NIER). This study is done to evaluate emissions from the tower location and included the proposed new equipment. The results of the study (see page 4 of the attached NIER Study) state “This site “IS” in compliance with FCC OET-65 MPE limits. American Tower Company will have an additional study done when the new equipment is installed to ensure compliance with FCC standards.
ALTERNATIVE ACTION:
Pacifica City Council 3
February 12, 2024
Deny the amendment and give staff alternative direction RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Enhance organizational stability.
• Improve and steward City infrastructure, streets and facilities.
FISCAL IMPACT:
Revenue, both current and future, are as follows:
Current monthly rent for the Frontierland Tower is $2486.27. The DISH project will bring an additional $940 per month. The AT&T ground extension project will bring in an additional $1100 per month. That will bring the monthly total lease revenue to $4526.27 per month. That overall total is then subject to a 3% escalator annually.
Monthly Rent
Current $2486.27
DISH $940
AT&T $1100
NEW TOTAL $4526.27 + 3% annual increase
ORIGINATED BY:
Parks, Beaches & Recreation Department
ATTACHMENT LIST:
American Tower Company Ammendment (1) 102423 (PDF)
413839 NIER SAN PEDRO VALLEY EAST CA (PDF)
Final DISH_ SFSFO00759A_ ATC 413839 (13705093)_ AE(CD)_ REV9 (PDF) Pacifica City Council 4
February 12, 2024
RESOLUTION NO. _______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA TO APPROVE THE
FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF PACIFICA AND GTE MOBILNET OF CALIFORNIA LP d/b/a VERIZON WIRELESS
(AMERICAN TOWER COMPANY)
WHEREAS, Landlord (City of Pacifica) and Tenant (or its predecessor-in-interest) entered into that certain Communications Site Lease Agreement dated December 12, 2011 (the “Lease”), pursuant to which the Tenant leases a portion of the Parent Parcel and is the beneficiary of certain easements for access and utilities, all as more particularly described in the Lease (such portion of the Parent Parcel so leased along with such portion of the Parent Parcel so affected, collectively, the “Leased Premises”), which Leased Premises are also described on Exhibit A; and
WHEREAS, Tenant has granted American Tower a limited power of attorney (the “POA”) to, among other things, prepare, negotiate, execute, deliver, record and/or file certain documents on behalf of Tenant, all as more particularly set forth in the POA; and WHEREAS, Landlord and Tenant desire to amend the terms of the Lease to modify the Lease as expressly provided herein.
NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants set forth herein and
RESOLVED by the City Council of the City of Pacifica, California, that the First Amendment to the Communications Lease Agreement between the City of Pacifica and GTE Mobilnet of California d/b/a Verizon Wireless, American Tower Company be approved • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of February 2024, by the following vote:
AYES, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney
EXHIBIT A