HomeMy WebLinkAbout06/24/19641
Roll Call
Present:
City Staff
SPECIAL CALLED MEETIOG OF CITY COUNCIL
June 24, 1964 - 7:30 P.M.
CITY HALL
Clay P. Davidson, R. L. G«aas, Jr., 1%1iss Margaret HcEeil,
Donald '% &41ler, Clell F. ''helchel
Present: J. I. K'Zzpatrick, City Clerk, ?:T. M. Houser, City lttorney:
D. Miller, Administrative Officer, D. F. Romero, City
Engineer, Commander Guliickson.
1. The City Council met to consider the report of the Council appointed committee
investigating the request of UTY for lease of a two (2) acre site from the
City at the sewer farm for construction of a broadcasting facility to include
a civil defense shelter, etc.
The City Clerk, J. H. Fitzpatrick, read a letter of June 10, 1964 from
KATY signed by Glenn 0 Porter, Vice President, asking that the City Council
consider the location of the I(ATY transmitter on City owned property es they
are the only station in the area authorized to be on the air du-.in times
of emergency to give civil defense notice.
Mr. Porter stated that federal funds were avail.ble to build shelter for
station personnel and that if an adequate location were found, these funds
would be available to U TY.
The following report was received from the Council committee investigating
the request of UTY:
"The committee consisting of Commander Gullickson, David Romero and myself
has studied the request of :U TY to lease approximately two acres of land at the
sewer farm. A circle of approximately 300 feet in diameter is needed for a
transmitting field of copper wire buried approximately 6" in the ground as well
as a 20' x 20' fenced area for the base of a transmitting tower. An additional
area of 10' x 25' is required for the transmitter, but this would be under-
ground, according to our understanding. 11.1 of the above would be included in
the two acre site.
The need for an access road and parking area has also been mentioned, but Mr.
Romero feels that something could be worked out so that joint use could be
made of the sewer plant parking areas.
In order for KATY to negotiate an agreement with the Federal Government where-
by the radio station would receive up to a $5,000 grant for construction of the
underground transmitter and shelter, 17JITY would have to receive some assurance
from the City prior to the arrival of federal officials during the next week or
two, that the City would be willing to lease the macessary land to the radio
station.
Actually, KJ'.TY wouldn't necessari.i.y have to lease City land, but their lease
with the Walsona on South Street will ea: ??rti within thz next year or two, and
they are desirous of locating in au ar :- nwhore the ground is damp and are
advancing their utility as an emergency broadcaster as a point in favor of the
City leasing to them without going to competitive bid. They say they need a
long -term lease but would not object to amortizing the copper wire over a ten
year period if the City felt it necessary to regrade the fields after that time.
RECOMMENDATIONS
After considerable discussion by Commander Gullicsson with the radio station
and following a meeting of our committee, the following recommendations are
made:
City Council Minutes
June 24, 1964
Page -2-
(1) That the Council state its willingness to lease the above described
property to TJTY for the uses stated, for a twenty year period;
(2) That the lease amount be $100 per month. We understand that the radio
station is paying more than this at the present time, and we also understand
that it is not the intention of the Council to under -cut local property owners
who might also Irish to lease property. The fact that we would retain surface
use of most of the two acre site plus the fact that UTTY would be cooperating
with our Civil Defense program would be justification for a reduced lend
rental figure, in our opinion.
(3) That the radio station hold the Cit., harmless as far as any inadvertent
damage to the copper transmitting field is concerned and would not raise an
objection to the regrading of the fields after a period of ten years. ilso,
the City should not be responsible for damage to the guy wires or other
facilities as a result of actions of City employees in maintaining" zhe sewer
plant facilities or the City's other lessees in raising cattle on the sewer
farm pasture land.
(4) The City would not be liable for any expense in connection with the con-
struction of the shelter, since monies would be provided by the Federal.
Government for this purpose;
(5) The radio station would insure the City against any liability incurred
as a result of the transmitting facility operations.
If the Council concurs in the above recommendations, it is suggested that a
special meeting be called prior to June 30 to approve the lease agreement
in principle and that the City Attorney be asked to begin the actual lease
document."
' Mr. Porter appeared before the Council on behalf of. KATY's request, stating
that he believed the rent figure used by the Council committee for land rent
was high as they have many expensive changes to make to their system in order
to make this move and that $100 per month for twenty (20) years was exorbitant
and that he believed the station would be better off buying land for the
transmitter.
Mr. Marquardt, President of KATY, reported to the City Council that there
was a change in plans and that the shelter would be built above the ground
at the sewer farm due to the high water table.
Mr. Marquardt continued that KATY has been the only radio station authorized
by the Federal Government to be on the air during disasters or war. lie
had made no cost studies as to possible rents of property and that he was
not prepared to discuss costs at this time.
Mayor Davidson asked V.TY representatives why they could not stay at their
present location and build their transmitter.
Mr. Porter answered that the U. S. Army Corps of Engineers who are in charge
of the Civil Defense program did not wish to authorize expenditure of
Government money for this type of operation when there is such a short time
left on the lease. The present lease expires in less than 2 years.
Stanley Nielson, representing the property owners of the present KATY site,
appeared before the Council objecting to the lease of public property to a
private enterprise and further, asked if the rent suggested was fair and
equitable to the City. Also, he wanted to know from the Council if they were
leasing the property on a twenty (20) year lease without a public hearing on
the matter. he also asked if it wouldn't have been better for the KATY
officials to contact the present land owner to see if a lease extension could
be worked out for the broadcasting station.
Mr. Nelson stated he was sure that this could be worked out with the present
land owner.
City Council Minutes
June 24, 1964
Page -3-
Mr. Porter stated that the urgency in this matter was that the money
allocated by Congress for the shelter program was expiring oa June 30,
1964, and if the application was not processed prior to that date he did
not believe funds could be allocated, although he did state that he wan
sure additional funds would be allocated for future Civil Defense construction.
Mayor Davidson stated that the purpose of the special Council meeting a as for
the City Council to gather information on the proposal by KATY and not to
lease or give away any public land without the public knowledge.
Further, that before any land could be leased an ordinance would have to
be introduced and published in the paper which would give public notice of
the contemplated lease.
Mayor Davidson continued and suggested that the present lessee and lessor
of the KATY transmitter site get together and discuss the coutinuation of
the lease and see if a lease can be arr'ved at as he stated thet the City
Council's primary interest in this matter is the Civil Defense requirement
for the protection of the radio station personnel who will be broadcasting
during a war emergency or disaster.
On motion of Councilman Miller, seconded by Councilman Graves, the meeting
adjourned to Cal Poly to inspect models of proposed plans for a parking lot
in the area bounded by Chorro, Morro, Palm and ;onterey Street. Motion
carried.
Approved: July 13, 1964
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H. FI ATRICK, CITY CLERK