HomeMy WebLinkAboutAGENDA REPORT 2019 0320 CCSA REG ITEM 10CCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of March 20, 2019
ACTION Approved Staff
Recommendation.
BY B.Garza
C. Consider Authorizing Negotiation of a Lease of a Portion of Poindexter Park to
Los Angeles SMSA Limited Partnership dba Verizon Wireless for a Wireless
Communication Facility. Staff Recommendation: Authorize City Manager to sign
Notice of Intent and negotiate a lease agreement with Los Angeles SMSA
Limited Partnership, dba Verizon Wireless for a wireless communication facility at
Poindexter Park, with lease agreement and final design plans to be brought back
to the City Council for final approval. (Staff: Jeremy Laurentowski)
Item: 10.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Jeremy Laurentowski, Parks and Recreation Director
BY: Jessica Sandifer, Community Services Manager
DATE: 03/20/2019 Regular Meeting
SUBJECT: Consider Authorizing Negotiation of a Lease of a Portion of
Poindexter Park to Los Angeles SMSA Limited Partnership dba
Verizon Wireless for a Wireless Communication Facility
BACKGROUND
The City has been approached by Verizon Wireless (“Verizon”) about leasing a portion
of Poindexter Park to locate a wireless communication facility. Prior to moving forward
with design of the facility, staff is seeking authorization to move forward with a lease.
Verizon has provided a Notice of Intent (NOI) that sets out the proposed lease terms.
The Notice of Intent is not a binding document.
DISCUSSION
Verizon is proposing to lease 316 square feet at the south end of Poindexter Park
adjacent to the Mission Bell Plaza shopping center and baseball field. The proposed
area is currently a landscaped area with trees. The leased area would be broken into
two areas. The first area would be a 10’x10’ (100 sq. ft.) area where a faux pine tree, or
other tower design approved by the City, would be installed. The second lease area
would be a 12’x18’ (216 sq.ft.) area adjacent to the first and would contain three
equipment cabinets, one 15 KW diesel generator, and other miscellaneous power and
fiber cabinets, along with an 8’ block wall. The height of the tower structure is proposed
to be 60’. Due to the type of structure, Verizon’s application will be processed as a
major wireless facility under the City’s zoning code and will require a conditional use
permit (CUP) approved by the Planning Commission.
Item: 10.C.
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Honorable City Council
03/20/2019 Regular Meeting
Page 2
The proposed terms of the lease are:
• Initial lease term of five years, plus four automatic renewal options of five
years for a total lease term of twenty-five years, if all options are
exercised.
• Annual rent of $30,000/ year, paid monthly in installments of $2,500, with
an increase of 3% annually.
• One time initial payment of $2,500 to delay commencement of lease to the
first of the month.
• City to allow access to the site from the public right-of-way to allow
Verizon to service and bring utilities to the site.
• If the tower is designed such that co-location could occur, then the City
would retain 100% of ground lease revenue from the 2nd carrier and
Verizon would retain 100% of lease revenue for use of their tower.
• All improvements associated with the tower and equipment will be paid for
and maintained by Verizon (or successor entity)
• Verizon is also agreeing to install appropriate landscaping around the
leased area but is requesting that the City pay for the water and
maintenance of any City required landscaping.
Staff is supportive of Verizon’s request to lease the site. The proposed location is a
passive area consisting primarily of dirt, as it parallels a decomposed granite trail. Staff
believes that there would be minimal impact to the use of the park by park patrons.
Additionally, the area is currently installed with several large trees. Staff believes that
the addition of a faux pine tree would be an appropriate type of structure. Any potential
impacts to the use of the park can be mitigated through the CUP process.
In order to allow Verizon to move forward with the design and analysis of the facility,
staff is seeking authorization from the City Council for the City Manager to sign the NOI
and negotiate a lease agreement with Verizon. It is important to note that the NOI is the
beginning framework for drafting the lease document and the final lease may not
contain the same terms identified in the NOI, pending the outcome of negotiations. Staff
will return to the City Council for approval of the final lease agreement, which will
contain all terms associated with the lease, including final design plans.
With the advent of 5G networks, and ever expanding cell networks, staff anticipates
additional requests in the future for cell tower locations in City parks, open space or
other City owned properties. Staff will be bringing back an item at a future date for the
City Council to consider the framework and specific criteria that would be used to
determine the best locations for cell towers on City property. Future cell tower locations
would need to comply with these criteria before a proposed lease agreement would be
brought before the City Council for consideration.
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Honorable City Council
03/20/2019 Regular Meeting
Page 3
FISCAL IMPACT
There is no fiscal impact as a result of this action.
STAFF RECOMMENDATION
Authorize City Manager to sign Notice of Intent and negotiate a lease agreement with
Los Angeles SMSA Limited Partnership, dba Verizon Wireless for a wireless
communication facility at Poindexter Park, with lease agreement and final design plans
to be brought back to the City Council for final approval.
Attachment –
1. Proposed Lease Area
2. Notice of Intent
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Attachment 1 - General Proposed Lease Area
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Attachment 2
S 4405 E. Airport Dr. suite 100
PP * i 4.
Ontario,CA 91761
Mobile(909)831-5990
ccolten@spectrumse.com
February 6, 2019
City of Moorpark
Attn:Jeremy Laurentowski
799 Moorpark Ave.
Moorpark, CA 93021
RE: Letter of Intent - Proposal to Lease Space to Verizon Wireless (Project name: Moonsong) for Installation of a
Communications Facility
Dear Jeremy,
Spectrum Services is an authorized representative for Verizon Wireless. Verizon Wireless is researching properties
to locate a wireless communications facility (cell site) in order to improve the wireless cell phone coverage in the
surrounding commercial and residential areas. This letter is to confirm Verizon Wireless' interest to lease space at
the property located at 500 Poindexter Ave., Moorpark,CA 93021(Poindexter Park)APN:511-0-090-325.
1. Lessee: LA SMSA Limited Partnership dba Verizon Wireless
2. Location: Proposed lease area of approximately 316 sq. ft. on the south side of the
park/adjacent to the shopping center parking lot(by the ball field and the grove of
trees). Placement of a of a 60' high faux pine (or another tower design that is
approved by the parks and rec department and the planning dept.)tree tower in a
10' X 10' lease area and adjacent to the tower: (3) equipment cabinets, (1) 15 KW
diesel generator, and other misc. power and fiber cabinets in a 12' X 18' lease
area, behind an 8' block wall. Lease area may increase slightly if the city planning
department requires a different tower design or from the equipment needs of the
lessee at this site location. Lessor to grant the Lessee an access and utility
easement to allow them to service and bring utilities to the site.
3. Delayed Lessee to pay $2,500 as a one-time initial payment to allow Lessee to delay
Commencement: commencement of the lease until 15t day of the month after Lessee begins the
installation of their equipment.
4. Lease Term: Initial term of five (5) years plus four (4) automatic renewal options of 5 years
each for a total of twenty five(25)years.
5. Rent: Lessee proposes an annual rent in the amount of Thirty Thousand Dollars
($30,000) to be paid in equal monthly installments of $2,500 commencing upon
the delayed commencement date. The rent will increase by 3%annually.
6. Commencement: The first (1st) day of the month after Lessee begins the installation of their
communications equipment.
7. Use of Premises 24 hours a day/7 days a week
8. Testing Lessor shall provide access allowing Lessee to conduct any necessary inspections,
surveys, and tests to determine the suitability of the property for Lessee's use.
9. Lessee and Lessor Lessee agrees to provide, at its sole expense, all structures, power, fiber, and
Improvements: other Lessee improvements as may be necessary for the operation and
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maintenance of its telecommunications facility.
Lessor agrees to allow Lessee to connect the irrigation for any new city required
landscaping to the Lessor's existing irrigation system and to pay for the water and
maintenance of any new city required landscaping after it is installed (Lessee will
pay to install the landscaping and irrigation).
(
If the site location is designed for co-location with a 2nd carrier,then the 2nd carrier
can't sublease without a separate ground lease with the city. The city would
retain 100% of that ground lease for the 2nd carrier's ground equipment, Lessee
would retain 100%of the tower rent collected from the 2"d carrier.
10. Access: 24 hours a day, 7 days a week. VZW to show a no-exclusive parking spot in the
park and access from that parking spot, to the site location on its drawings and
lease exhibit for access to site.
11. Entitlements: Lessee agrees to acquire, at its sole expense, all entitlements necessary for the
construction and operation of the telecommunications facility on the property.
12. Conditions Precedent: a. A mutually-agreeable Land Lease Agreement;
b. A recordable Memorandum of Lease;
c. Lessor's approval of Lessee's improvement plans;
d. A non-Disturbance Agreement, if there is a deed of trust recorded on the
property;
e. Executed Letter of Authorization for permit applications,if applicable,and;
f. Executed Entry and Testing Agreement for site access.
Lessor and Lessee acknowledge that this proposal is not a lease and that it is intended only as a basis for
preparation of a lease. No agreements are created by this document and only a fully-executed lease document
shall constitute a lease of the premises. The final lease document shall incorporate the provisions contained in this
proposal and shall contain other provisions upon which Lessor and Lessee mutually agree.
If the terms outlined herein are acceptable please sign below and return to me via email or mail within seven (7)
days of receipt of this letter. If your property is chosen as the final candidate by Verizon we will advise in writing,
and provide a preliminary lease draft for your review.
If you have any questions or require further information, please do not hesitate to contact me.
Sincerely,
Chris Colten
Project Manager
CA BRE LIC.#01414093
ccolten@spectrumse.com
Authorized Representative,
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Verizon Wireless
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I have read the above and would like to enter into negotiations pursuant to the general terms outlined herein.
Signature: Desk Phone:
Printed Name: Cell Phone:
Title: Email:
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