File #: 24-233    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 2/13/2024 In control: Public Works
On agenda: 3/26/2024 Final action: 3/26/2024
Title: First Amendment to the License with Norman A. Johannesen and Deborah Jo Johannesen for Communication Purposes at Pratt Mountain Road in Garberville, California
Attachments: 1. Staff Report, 2. License Agreement March 2004, 3. First Option to Extend, 4. Second Option to Extend, 5. First Amendment for Pratt Mountain_rm.pdf, 6. Executed First Amendment - Norman and Deborah Johansen.pdf

 

To:                                                               Board of Supervisors

 

From:                                          Public Works                                          

 

Agenda Section:                     Consent                     

 

Vote Requirement:                     Majority

 

SUBJECT:

title

First Amendment to the License with Norman A. Johannesen and Deborah Jo Johannesen for Communication Purposes at Pratt Mountain Road in Garberville, California

end

 

RECOMMENDATION(S):

Recommendation

That the Board of Supervisors:

1.                     Approve and authorize the Chair of the Board to execute the attached First Amendment to the License for Pratt Mountain Radio Facility with Norman A. Johannesen and Deborah Jo Johannesen in Garberville, CA; and

2.                     Direct the Clerk of the Board to return one (1) fully executed original copy of the attached First Amendment to the License Agreement for the Pratt Mountain Radio Facility to the Department of Public Works - Real Property for further processing.

 

Body

SOURCE OF FUNDING                     

Communications Fund (3521)

 

DISCUSSION:

Since 1964, the county has had an agreement to use of lands at Pratt Mountain Road in Garberville for the purpose of maintaining and operating a radio and telephone broadcasting, transmitting and repeater station.  On March 9, 2004, the county entered into a License Agreement (Attachment 1) with the current owners, Norman A. Johannesen and Deborah Jo Johannesen, for the continued use.  On Jan. 28, 2014 (Attachment 2), the first of two (2) five (5) year options to extend the term up to Mar. 31, 2019, was exercised. The second five (5) year option was exercised on May 30, 2019, extending the term to March 31, 2024 (Attachment 3). The Johannesens have requested to keep the same license agreement with an annual increase and to extend the terms. An amendment will be necessary for continued use of the site.

 

The county continues to need the site for communications for the Humboldt County Sheriff’s Department, local Governmental departments including Public Works, Building Inspections, Health, Social Services and Emergency Medical Services, for transmitting and receiving. The attached First Amendment will extend the License Agreement for five (5) years with four (4) additional five (5) year terms and will increase the annual rates set forth therein (Attachment 4).

 

Accordingly, staff recommends that your Board approve, and authorize the Chair of the Board to execute the First Amendment with the Johannesen’s for use of lands for the Pratt Mountain Radio Facility.

 

 

FINANCIAL IMPACT:

Expenditures (3521,151)

FY23-24 Adopted

FY24-25 Projected

FY25-26 Projected

Budgeted Expenses

 $2,000.00

 $2,070.00

 $2,142.45

Total Expenditures

 $2,000.00

 $2,070.00

 $2,142.45

Funding Sources (3521,151)

FY23-24 Adopted

FY24-25 Projected*

FY25-26 Projected*

Fees/Other

 $2,000.00

 $2,070.00

 $2,142.45

Total Funding Sources

 $2,000.00

 $2,070.00

 $2,142.45

*Projected amounts are estimates and are subject to change.

 

Narrative Explanation of Financial Impact:

Current annual rent is $1,989.79 and will be increased to $2,000 with built in increases of 3.5% on April 1st of each year during the option term.

 

STAFFING IMPACT:

Narrative Explanation of Staffing Impact:

No impact to staffing is expected.

 

STRATEGIC FRAMEWORK:

This action supports the following areas of your Board’s Strategic Framework.

 

Core Roles:  Provide for and maintain infrastructure

New Initiatives:  Facilitate public/private partnerships to solve problems

Strategic Plan:  2.3 - Improve communications infrastructure (e.g. broadband)

 

OTHER AGENCY INVOLVEMENT:                     

Humboldt County Information Technology

Humboldt County Sheriff Department

 

ALTERNATIVES TO STAFF RECOMMENDATIONS:                     

Your Board could choose not to approve the proposed First Amendment; however, this is not recommended as the License Agreements term will end on March 31, 2024, and will prevent the county from operating with a license and put the county at a risk of the landlord evicting the county from the premises.

 

ATTACHMENTS:                     

Attachment 1 - License Agreement March 2004

Attachment 2 - First Option to Extend

Attachment 3 - Second Option to Extend

Attachment 4 - First Amendment for Pratt Mountain

 

PREVIOUS ACTION/REFERRAL:

Board Order No.: C-17, C-12, C-18                      

Meeting of: 03/09/04, 01/28/14, 05/28/19

File No.: 19-667