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HomeMy WebLinkAbout1998-10-20; Municipal Water District; 422; Replacement Radio Tower @ Maerkle ReservoirCARLSBAD MUNICIPAL WATER DISTRICT - AGENDA B AB# d@k TITLE: APPROVAL OF EMERGENCY ACTION TAKEN DEPT. HD.f !Y FOR REPLACEMENT RADIO TOWER * MTG. 1 o-20-98 AT MAERKLE RESERVOIR SITE CITY All-Y. zz DEPT. CMWD CITY MGR. RECOMMENDED ACTION: Adopt Resolution No. /bft 7 ratifying staff actions and waiving bidding procedures as set forth in Carlsbad’s Purchasing Ordinance Section 3.28.024. 1 ITEM EXPLANATION: Staff is requesting that the Board ratify the expenditure of $45,000 from the District’s Water Operations Fund for the installation of an antenna at the District’s Maerkle Reservoir site. In 1977, the District signed a License Agreement with Tri-Cities Broadcasting (KKOS) which allowed Tri-Cities and the City of Carlsbad to install antennas on a tower to be constructed by Tri-Cities on the Maerkle Reservoir site. This Agreement also allowed the District to install an antenna on the tower for various communication purposes. The Agreement did not require any lease fees to be paid by any of the parties. In December 1997, it was discovered that Tri-Cities was no longer using the tower for the purposes stated in the Agreement. In addition, it was discovered that Tri-Cities was preparing to sub-lease space on their tower to Pat Bell Mobile Services. A sub-leasing provision was not intended as a part of the Agreement. After meeting and discussing this issue with TriCities Broadcasting, staff determined that Tri-Cities intended to either proceed with the sub-lease, which was not in the best interest of the District, or dismantle the tower since it would no longer be of use to Tri-Cities Broadcasting. Given these two alternatives, staff notified Tri-Cities of the District’s intent to terminate the License Agreement on December 22, 1997, and gave Tri-Cities until June 22, 1998 to vacate the site pursuant to the terms of the Agreement. After further negotiations with Tri-Cities, the termination notice was reaffirmed by the City Attorney’s Office on March 2, 1998, after assurance that the tower would no longer be needed after implementation of the 800 MHz system which would be in place by April 1, 1998. On March 19, 1998, Tri-Cities responded by notifying the District that they had obtained other use for the tower and had made arrangements for its removal on March 24, 1998. Concurrently, the District was also notified that the 800 MHz radio system would not be in place until June 15, 1998. The tower contained antennas for the Carlsbad Police and Fire radio equipment. Since these antennas were not scheduled for relocation to the new 800 MHz system until, June. 15, 1998, dismantling the existing tower by Tri-Cities had the potential effect of disrupting public safety communications. Additionally, the District was not aware of a emergency communication backup for the 800 MHz desired by the Carlsbad Police and Fire departments, as well as the need for continued emergency communication with the City of Oceanside. Therefore, the antennas for emergency communication backup and continued emergency communication with Oceanside were required to remain at this site. With this in mind, staff made arrangements to install a replacement tower to house those antennas until such time that the communication backup is no longer desired. Because of the urgency of the situation, staff took immediate steps to purchase and install a replacement tower. The Police and Fire radio antennas are Page 2 of Agenda Bill No. +a now relocated on the replacement tower. The cost of this replacement tower installation totaled $45,000. As a result of this situation, the General Manager, on behalf of the Executive Manager, has declared a public emergency. This emergency is subject to confhmation by the Board, by a four-fifths (4/5ths) vote. ENVIRONMENTAL IMPACT: The Planning Director has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) per Section 15302 of the State CEQA Guidelines and will not have any adverse significant impact on the environment, and a Notice of Exemption will be filed following project approval. FISCAL IMPACT: No fiscal impact. Sufficient funds were available in the District’s FY 97-98 Water Operations Budget to pay for this project. Therefore no appropriation is needed. EXHIBITS: 1. Resolution No. /“7 Ratifying Emergency Action for Radio Tower Replacement at Maerkle Reservoir. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 1027 A RESOLUTION OF THE CARLSBAD MUNICIPAL WATER DISTRICT OF CARLSBAD, CALIFORNIA APPROVING EMERGENCY ACTION TAKEN BY STAFF FOR REPLACEMENT RADIO TOWER AT MAERKLE RESERVOIR SITE Whereas, staff was required to respond immediately to a situation calling for the installation of a replacement radio tower located at the Maerkle Reservoir site, in order to avoid interruption of the police and fire departments emergency radio system; and Whereas, staff has exercised the option to proceed with the purchase and installation of this replacement tower as allowed under the Emergency Section of the Purchasing Code, Section 3.28.204; and Whereas, purchase and installation of this replacement tower allowed the continuation of the police and fire emergency radio system without interruption; and Whereas, that the Board of Directors find that the actions of the staff in the purchasing and installation of the replacement tower was both necessary and in the public interest; THEREFORE, BE IT RESOLVED, that the Board of Directors hereby approves the action taken by staff to purchase and install the replacement radio tower ot the Maerkle Reservoir site. Ill Ill III Ill - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a meeting of the Board of Director:’ of the Carlsbad Municipal Water District this 20 th day of October , 1998 by the following vote, to wit: AYl3:Director.s Lewis, Finnila, Nygaard, Kulchin and Hall NOES: None ALETHA L. RAU;ENKRANZ, SECREl=kRY (SEAL)