2023/10/10 City Council Resolution 2023-074 RESOLUTION NO. 2023-074
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
APPROVING THE SECOND AMENDMENT TO THE ANTENNA SITE LICENSING
AGREEMENT WITH T-MOBILE WEST,LLC AT 7450 SANTA BARBARA DRIVE,
ROHNERT PARK, CA (BENICIA PARK) (ASSESSOR'S PARCEL NO. 143-160-008);
AND FINDING THE APPROVAL OF THE SECOND AMENDMENT
CATEGORICALLY EXEMPT FROM REVIEW UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES
SECTIONS 15061(B)(3) AND 15301
WHEREAS; the City of Rohnert Park owns Assessor's Parcel Number 143-160-008,
commonly known as Benicia Park, and
WHEREAS, Omnipoint Communications, Inc (now T-Mobile West, LLC), signed a
licensing agreement, which was executed via Resolution 2006-04 on January 10th, 2006, for an
initial 5-year term, with two additional 5-year renewal terms; and
WHEREAS, these renewal terms expired on April 10, 2021; and
WHEREAS, the first amendment to the licensing agreement did not affect the term of
this agreement, and
WHEREAS, the second amendment will reinstate the licensing agreement, and allows
for a renewal term of 5 years, with 5 additional renewal terms of 5 years each, commencing on
April 10, 2021; and
WHEREAS, T-Mobile is required to meet all regulatory requirements enforced by the
Federal Communications Commission; and
WHEREAS, the City has negotiated continuing rent payments that provide the City with
market rate or greater compensation for the use of public property; and
WHEREAS, the use of public property by T-Mobile West LLC will not only provide
funding for city services, it will also maintain the level of service available to the citizens of
Rohnert Park; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby find and determine that this action is exempt from the California
Environmental Quality Act (CEQA)pursuant to CEQA Guidelines sections 15061(b)(3) and
15301.
BE IT FURTHER RESOLVED that the City Council hereby authorizes and approves
the Second Amendment to the Licensing Agreement with T-Mobile West LLC., attached hereto.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized and
directed to execute the Second Amendment documents pertaining to same for and on behalf of
the City of Rohnert Park, in a form approved by the City Attorney, with minor revisions that may
be approved by the City Manager and City Attorney as necessary to effectuate the purpose of this
Resolution.
DULY AND REGULARLY ADOPTED this 10th day of October, 2023.
CITY OF ROHNERT PARK
Sa a Rodriguez, or
ATTEST:
Sylvia Lopez Cuevas, City Clerk
ELWARD: Alit GIUDICE: SANBORN: HOLLINGSWORTH ADAMSAU�,Q, RODRIGUEZ: Q,
AYES: (� NOES: ( Y ) AB NT: ( 90) ABSTAIN: (9.) J 1
Resolution 2023-074
Page 2 of 2