CC Resolution No. 19-063 Authorizing the City Manager to Execute an Antenna Ground Lease Agreement Between the City of Cupertino and T-Mobile West Tower LLC for an Existing Cell Tower at the Cupertino Service Center, 10555 Mary Avenue RESOLUTION NO. 19-063
A RESOLUTION OF THE CUPERTINO CITY COUNCIL
AUTHORIZING THE CITY MANAGER TO EXECUTE AN ANTENNA
GROUND LEASE AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND T-MOBILE WEST TOWER LLC FOR AN EXISTING CELL TOWER AT
THE CUPERTINO SERVICE CENTER, 10555 MARY AVENUE.
WHEREAS, the City Council has considered a request for an Antenna
Ground Lease agreement between the City of Cupertino and T-Mobile West Tower
LLC, for the lease of facilities located at the Cupertino Service Center, 10555 Mary
Avenue; and
WHEREAS, the provisions, terms, and conditions of the Antenna Ground
Lease agreement have been reviewed and approved by the City Attorney and City
Manager; and
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
authorize the City Manager to execute the Antenna Ground Lease, as presented to
Council, on behalf of the City of Cupertino.
BE IT FURTHER RESOLVED that this Resolution is not a project under the
requirements of the California Quality Act of 1970, together with related State
CEQA Guidelines (collectively, "CEQA") because it has no potential for resulting
in physical change in the environment, either directly or ultimately. In the event
that this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be
seen with certainty to have no possibility of a significant effect on the environment.
CEQA applies only to projects which have the potential of causing a significant
effect on the environment. Where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the
environment, the activity is not subject to CEQA. In this circumstance, the Lease
Agreement would have no impact on the environment because it merely provides
updated lease terms for an existing facility. The foregoing determination is made
by the City Council in its independent judgment.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Cupertino this 18t" day of June, 2019, by the following vote:
Resolution No. 19-063
Page 2
Members of the City Council
AYES: Scharf, Chao, Paul, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIG ED:
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Steven Scharf,Mayor Date
City of Cupertino
ATTEST:
Grace Schmidt, City Clerk Pate