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2024/07/23 City Council Resolution 2024-059 RESOLUTION NO. 2024-059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK APPROVING THE THIRD AMENDMENT TO THE ANTENNA SITE LICENSING AGREEMENT WITH OMNIPOINT COMMUNICATIONS, INC. DB/A T-MOBILE AND FINDING THE APPROVAL OF THE THIRD 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), executed a Site Licensing Agreement ("Agreement"), which was approved by Rohnert Park City Council Resolution No. 2006-04 and executed on January 10th, 2006; WHEREAS, the First Amendment to the Agreement was adopted by the Rohnert Park City Council on March 16, 2009, approving equipment upgrades and update of site and equipment drawing exhibits to the Agreement; and WHEREAS, the Second Amendment to the Agreement was adopted by the Rohnert Park City Council on October 10, 2023, extending the Agreement term another 30 years as of April 2021 when the original 25-year term of the Agreement expired; and WHEREAS, T-Mobile is requesting to perform equipment upgrades in order to provide 5G LTE service to T-Mobile customers; and WHEREAS, these equipment modifications differ from the accepted plans and specifications adopted with the First Amendment to the Agreement; and WHEREAS, these modifications require additional remote radio units (RRUs)to be installed, but will not extend the footprint or change the aesthetic of the monopine; and WHEREAS, the City has negotiated a rent increase of$225/month for the additional equipment that will 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 increase 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 Manager is hereby authorized and directed to execute the Third Amendment to the Agreement (Exhibit A) and related 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 23rd day of July 2024. CITY 0" '0 NERT PARK rill ATTEST: ' - rf" "..rP ayor Pro Tem Elizabeth Machado, Assistant City Clerk --- __, AP ROV T RM: . M h e M. enyon, City ttorney Attachments: Exhibit A ELWARD: Qll RO�lDRIGI'EZ: ""le. SANBORN: Ca a GIUDICE:" e. ADAMIS:�b.Cd AYES: ( "I ) NOES: ( 56 ) ABSENT: ( I ; ABSTAIN: (0 ) Resolution 2024-059 Page 2 of 2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 TMO Legal Digitally signed by TMO Legal Date: 2024.05.21 12:06:24 -04'00' DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 Geri Roper Director 5/22/2024 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2 TMO Signatory Level: 06 NLG-95586 DocuSign Envelope ID: F8A409E9-DD8F-484C-B730-4CBB62E469E2