City Council
Report
City Council Meeting: May 23, 2023
Agenda Item: 5.E
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To: Mayor and City Council
From: Ramon Batista, Police Chief, Police Department
Subject: Approval of Second Modification of Agreement #9798 with DE 100 Wilshire, LLC for Rooftop Space at 100 Wilshire
Recommended Action
Staff recommends that the City Council:
1. Authorize the City Manager to negotiate and execute a second modification to agreement #9798 in the amount of $409,000 with DE 100 Wilshire, LLC for leasing of rooftop space at 100 Wilshire Boulevard for the Police Department.
This will result in a 15-year amended agreement with a new total amount not to exceed $978,356, with future year funding contingent on Council budget approval.
2. Adopt a finding of categorical exemption pursuant to Section 15301 (Existing Facilities) of the California Environmental Quality Act (CEQA) Guidelines.
Summary
The City leases rooftop space at 100 Wilshire Boulevard to house its public safety radio communication infrastructure. This site is a strategic location for the communications equipment due to the building’s height, its centrality within the downtown area, and the building’s existing emergency power equipment. There are no practical alternatives for relocating the equipment presently installed at 100 Wilshire Blvd and the current license agreement runs through June 2023. Staff recommends modifying the existing agreement for an additional five years, through June 30, 2028.
Discussion
The City’s public safety radio communications infrastructure is comprised of equipment located on the rooftop of 100 Wilshire Boulevard and the Mount Olivette Reservoir. 2 of 4
These two locations were selected during the radio system’s engineering process due to their height and the resulting coverage they provide. The rooftop space located at 100 Wilshire Boulevard is critical to the continued operation of the City’s radio systems.
The building is the ideal height for proper operation of the infrastructure equipment, it is centrally located in the downtown area, and has the appropriate emergency power equipment for operation during an electrical outage.
In September 2013, Council authorized a license agreement with Douglas Emmett 1998, LLC, DBA DE 100 Wilshire, LLC., for a term of five years through June 2018, with an option to extend the agreement for another five years through June 2023. 100 Wilshire continues to be the best location in the City to house the City’s public safety radio communications infrastructure. Relocating the equipment to a different site that does not have the same profile and geographic location would degrade communications for the Police Department, the Fire Department, and the Office of Emergency Management. The process to relocate the equipment to a new location would also require a complete system redesign, potentially costing several million dollars. Staff recommends extending the term of the Rooftop License Agreement for an additional five-years, securing space through June 2028.
Environmental Review
The extension of the license agreement for communication infrastructure is categorically exempt from the California Environmental Quality Act (CEQA) under Section 15301 of the CEQA Guidelines. Section 15301 provides Class 1 (existing facilities) exemption for projects that consists of the operation, repair, maintenance, leasing, licensing, permitting, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of the existing or former use. The license extension would not result in any modifications to existing facilities. The existing communications equipment would be maintained and the extension would not expand or materially change existing facilities or operations.
Therefore, the project is categorically exempt as set forth in Section 15301 of the CEQA State Guidelines.
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Past Council Actions
Meeting Date Description
09/10/13
(attachment A)
Council authorized a license agreement for rooftop space at 100 Wilshire Boulevard
08/14/18
(attachment B)
Council authorized an extension to the existing license agreement at 100 Wilshire Boulevard, resulting in a 10-year amended agreement with a new total not to exceed $562,156.
03/23/21
(attachment C)
Council authorized a modification to include the utility costs required for the City’s operation of its communication equipment with a new total amount not to exceed $569,356.
Financial Impacts and Budget Actions
Staff seeks authority to approve available funding from the General Fund to increase the amount of agreement with DE 100 Wilshire, LLC for rooftop space at 100 Wilshire Boulevard. Future year funding is contingent on Council budget approval.
Agreement Modification Request
Agreement #
Current
Authorized
Amount
FY 2022-23
Budget
Modified
Request
Amount
Future
Years Dept Account #
Total
Revised
Contract
Amount
9798 $569,356 $2,750 $406,250 01180005.524700 $978,356
Prepared By: Jose Arroyo, Senior Administrative Analyst Approved Forwarded to Council
Attachments:
A. Staff Report - September 10, 2013
B. Staff Report - August 14, 2018 (Web Link)
C. Staff Report - March 23, 2021 (Web Link)
D. CT 9798 (Original Agreement)
E. CT 9798 (Renewal Letter)
F. CT 9798 (Modification 1)
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G. DE 100 Wilshire LLC - Oaks Initiative