HomeMy WebLinkAbout29-City Administrator
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Fred Wilson, City Administrator
Subject: Resolution of the Mayor and
Common Council granting a revocable
license to the Southern California Gas
Company for operation in the City of
San Bernardino
Dept: City Administrator's 9fiice . . I
Date: January 13, 2002 V;.. - .', , L
Synopsis of Previous Council Action:
December 12, 2002 - Council adopts Ordinance MC 1135 - An ordinance of the City of
San Bernardino amending sections of Municipal Code Chapter 14.04 regarding granting
of utility franchises
Recommended motion:
Adopt resolution
i
Contact person: Lori Sassoon
Phone: 384-5122
Supporting data attached: Staff report, resolution, license Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: (Accl. No.)
(Accl. Description)
Finance:
Council Notes:
12.c-su:li 2cO 3<3 ')
Agenda Item No. ~
II~) j()J
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council granting a revocable license to the Southern
California Gas Company for its operations within the city of San Bernardino.
Backl!round:
In the Spring of 2001, the City received notification from the Gas Company that the current
franchise will expire in January 2003. The franchise agreement was last adopted in 1953 and
had a term of fifty (50) years.
Staff had a preliminary meeting with Gas Company representatives in June, and since that time
staff has been working to identify issues and topics for consideration in the new franchise. A
specialty attorney, Mr. Don Maynor, has been retained and has been working with a team of staff
consisting of Fred Wilson, City Administrator; Henry Empeno, City Attorney's Office; Ray
Casey, Development Services; and Lori Sassoon, City Administrator's Office. Key issues of
discussion include the franchise fee that will be paid to the City, preservation of city streets, and
the pending construction of a gas pipeline through the city to a power plant in Redlands.
In the fall of 2002, it became apparent that franchise negotiations and the Council actions needed
to adopt the new franchise cannot be completed prior to the expiration of January 30, 2003. In
order to provide for the Gas Company's continued operations in the interim, Section 14.04 of the
Municipal Code was amended by the Council on December 12, 2002. The new ordinance
language provides for the issuance of a revocable license that will be given to the Gas Company
until the franchise is granted. Franchise payments under the revocable license will be made
pursuant to the terms that will be agreed upon in the new franchise.
The revocable franchise will be in effect for a period of 120 days, and can be renewed by the
Mayor and Council if the granting of the new franchise is not completed within that time.
Financial Impact:
There is no direct financial impact as a result of this action. By granting the revocable license,
the Gas Company will continue to provide services, and the City will be entitled to receive
franchise fees resulting from operations during this interim time period.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO GRANTING A REVOCABLE LICENSE TO THE
SOUTHERN CALIFORNIA GAS COMPANY FOR ITS OPERATIONS IN THE CITY
OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized to Sign a revocable license with
Southern California Gas Company for its operations in the City of San Bernardino commencing
February l, 2003 for 120 days, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as though fully set forth at length.
SECTION 2. This Resolution is rescinded if the parties to the Revocable License fail to
execute it within sixty (60) days of the passage of the Resolution.
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21 The foregoing resolution is hereby approved this
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO GRANTING A REVOCABLE LICENSE TO THE
SOUTHERN CALIFORNIA GAS COMPANY FOR ITS OPERATIONS IN THE CITY
OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a
meeting thereof, held on the
_ day of
, 2003, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
City Clerk
day of
,2003.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
REVOCABLE LICENSE
Whereas, the gas franchise agreement of Southern California Gas Company ("Licensee") expires as of
January 30, 2003, and Licensee has requested, but has not yet obtained, a new franchise agreement;
Whereas, Licensee, pursuant to San Bernardino Municipal Code Chapter 14.04, has made a written
application requesting the Major and Common Council to issue the Licensee a written revocable license,
for a term not to exceed one hundred-twenty (120) days from the expiration of the License, permitting the
Licensee to continue to locate its existing facilities in or upon public property in the City during the term of
the license.
Whereas, the Mayor and Common Council has determined that it is in the public interest to issue a
revocable license to Licensee, subject to the following restrictions, terms, and conditions:
I. DEFINITIONS
Whenever the words or phrases hereinafter in this section defined are used, they shall
have the respective meanings assigned to them in the following definitions (unless, in the given instance,
the context wherein they are used shall clearly import a different meaning):
(a) The word "Licensee" shall mean Southern California Gas Company, and its lawful
successors or assigns;
(b) The word "City" shall mean the City of San Bernardino, a Charter City and a
municipal corporation of the State of California, in its present incorporated form or in any later reorganized,
consolidated or reincorporated form;
(c) The word "streets" shall mean the public streets, ways, alleys and places as the
same now or may hereafter exist within said City;
(d) The word "Engineer" shall mean the City Engineer of the City;
(e) The word "License" shall mean and include any authorization granted hereunder
in terms of a License, privilege, permit, license or otherwise to lay and use pipes and appurtenances for
transmitting and distributing gas for any and all purposes under, along, across or upon the public streets,
ways, alleys and places in the City, and shall include and be in lieu of any existing or future City
requirement to obtain a license or permit for the privilege of transacting and carrying on a business within
the City;
(f) The word "gas" shall mean natural or manufactured gas, or a mixture of natural
and manufactured gas;
(g) The phrase "pipes and appurtenances" shall mean pipe, pipeline, cable, main,
service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment,
appurtenance and any other property located or to be located in, upon, along, across, under or over the
streets of the City, and used or useful in, or in carrying on the business of, transmitting and distributing
gas;
II. REVOCABLE LICENSE.
A. Pursuant to San Bernardino Municipal Code Chapter 14.04, the City does hereby issue a revocable
license to Licensee to temporarily use its existing pipes and appurtenances, in their existing locations, for
transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of City
for a period not to exceed one hundred twenty (120) days, commencing February 1, 2003.
B. City shall have the right to revoke this License, without cause, and at any time, by giving Licensee thirty
(30) days prior written notice of revocation.
C. Except as otherwise specificaliy provided herein, the terms and conditions of the existing gas franchise
agreement dated January 30, 1953, are hereby incorporated in this License.
D. Licensee shall pay the City, as compensation for this License, the higher of: i) that amount calculated
using the compensation formula established in the new gas franchise agreement; or, ii) 2% of the gross
receipts of the Grantee derived from the sale, transmission, or distribution of gas, or from providing any
other service, within the limits of the City during the term of this License.
E. Any notices under this License shall be in writing and be delivered by courier service or by certified
mail, return receipt requested, or by telecopy with a confirming copy mailed (first class mail) by the next
business day, to the other party at the address shown below or at such other address as the party may
designate by written notice delivered in the manner provided for herein:
City of San Bernardino
Attn: City Clerk, City Administrator
300 North D Street
San Bernardino, CA 92418
Southern California Gas Company
Attn: License Manager
555 West Fifth Street
P.O. Box 3249
Los Angeles, CA 90051-1249
Telecopy number: 213-244-8212
Confirmation number: 213-244-5060
CITY OF SAN BERNARDINO
Judith Valles, Mayor
Date: January ,2003
SOUTHERN CALIFORNIA GAS COMPANY
Date: January ,2003
- 2 -
CAC1013 7 -6/6/ 02
San Bernardino County/San Bernardino
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept: City Administrator's Office ..
Subject: Resolution of the Mayor and
Common Council granting a revocable
license to the Southern California Gas
Company for operation in the City of
San Bernardino
From: Fred Wilson, City Administrator
Date: January 13, 2002
_../ ,
Synopsis of Previous Council Action:
December 12, 2002 - Council adopts Ordinance MC 1135 .. An ordinance of the City of
San Bernardino amending sections of Municipal Code Chapter 14.04 regarding granting
of utility franchises .
Recommended motion:
Adopt resolution
Contact person: Lori Sassoon
Phone: 384-5122
Supporting data attached: Staff report, resolution, license Ward: All
FUNDING REQUIREMENTS: Amount: None
Source: (Acct No.)
(Acct Description)
Finance:
Council Notes:
Entered into Record at
Councillr.mvOevCms Mta:
JZ;/s3
Agenda Item No. :2 C;
I ." I :~. .:u. 07 ~,-?"~
'- }.... . ~ -<- "Jt;:' 1
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by
re Au' 'a Item :t ~
~ JJ. CLv.L
LilY Cl<lrklCOC Secy
City 01 San Bernardino
,
,,-.
,: ."
. r -')
v.r
STAFF REPORT
Subiect:
Resolution of the Mayor and Common Council granting a revocable license to the Southern
California Gas Company for its operations within the city of San Bernardino.
Backl!round:
In the Spring of 2001, the City received notification from the Gas Company that the current
franchise will expire in January 2003. The franchise agreement was last adopted in 1953 and
had a term of fifty (50) years.
Staff had a preliminary meeting with Gas Company representatives in June, and since that time
staff has been working to identify issues and topics for consideration in the new franchise. A
specialty attorney, Mr. Don Maynor, has been retained and has been working with a team of staff
consisting of Fred Wilson, City Administrator; Henry Empeno, City Attorney's Office; Ray
Casey, Development Services; and Lori Sassoon, City Administrator's Office. Key issues of
discussion include the franchise fee that will be paid to the City, preservation of city streets, and
the pending construction of a gas pipeline through the city to a power plant in Redlands.
In the fall of 2002, it became apparent that franchise negotiations and the Council actions needed
to adopt the new franchise cannot be completed prior to the expiration of January 30, 2003. In
order to provide for the Gas Company's continued operations in the interim, Section 14.04 of the
Municipal Code was amended by the Council on December 12, 2002. The new ordinance
language provides for the issuance of a revocable license that will be given to the Gas Company
until the franchise is granted. Franchise payments under the revocable license will be made
pursuant to the terms that will be agreed upon in the new franchise.
The revocable franchise will be in effect for a period of 120 days, and can be renewed by the
Mayor and Council if the granting of the new franchise is not completed within that time.
Financial Impact:
There is no direct financial impact as a result of this action. By granting the revocable license,
the Gas Company will continue to provide services, and the City will be entitled to receive
franchise fees resulting from operations during this interim time period.
Recommendation:
Adopt resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO GRANTING A REVOCABLE LICENSE TO THE
SOUTHERN CALIFORNIA GAS COMPANY FOR ITS OPERATIONS IN THE CITY
OF SAN BERNARDINO.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized to sign a revocable license with
Southern California Gas Company for its operations in the City of San Bernardino commencing
February 1, 2003 for 120 days, a copy of which is attached hereto, marked Exhibit "A" and
incorporated herein by reference as though fully set forth at length.
SECTION 2. This Resolution is rescinded if the parties to the Revocable License fail to
execute it within sixty (60) days of the passage of the Resolution.
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21 The foregoing resolution is hereby approved this
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO GRANTING A REVOCABLE LICENSE TO THE
SOUTHERN CALIFORNIA GAS COMPANY FOR ITS OPERATIONS IN THE CITY
OF SAN BERNARDINO.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
meeting thereof, held on the
and Common Council of the City of San Bernardino at a
_ day of
, 2003, by the following vote, to wit:
Council Members:
AYES
ESTRADA
LIEN LONGVILLE
MCGINNIS
DERRY
SUAREZ
ANDERSON
MCCAMMACK
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Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
By:
NAYS
ABSTAIN ABSENT
City Clerk
day of
,2003.
Judith Valles, Mayor
City of San Bernardino
REVOCABLE LICENSE
Whereas, the gas franchise agreement of Southern California Gas Company ("Licensee") expires as of
January 30, 2003, and Licensee has requested, but has not yet obtained, a new franchise agreement;
Whereas, Licensee, pursuant to San Bernardino Municipal Code Chapter 14.04, has made a written
application requesting the Major and Common Council to issue the Licensee a written revocable license,
for a term not to exceed one hundred-twenty (120) days from the expiration of the License, permitting the
Licensee to continue to locate its existing facilities in or upon public property in the City during the term of
the license.
Whereas, the Mayor and Common Council has determined that it is in the public interest to issue a
revocable license to Licensee, subject to the following restrictions, terms, and conditions:
I. DEFINITIONS
Whenever the words or phrases hereinafter in this section defined are used, they shall
have the respective meanings assigned to them in the following definitions (unless, in the given instance,
the context wherein they are used shall clearly import a different meaning):
(a) The word "Licensee" shall mean Southern California Gas Company, and its lawful
successors or assigns;
(b) The word "City" shall mean the City of San Bernardino, a Charter City and a
municipal corporation of the State of California, in its present incorporated form or in any later reorganized,
consolidated or reincorporated form;
(c) The word "streets" shall mean the public streets, ways, alleys and places as the
same now or may hereafter exist within said City;
(d) The word "Engineer" shall mean the City Engineer of the City;
(e) The word "License" shall mean and include any authorization granted hereunder
in terms of a License, privilege, permit, license or otherwise to lay and use pipes and appurtenances for
transmitting and distributing gas for any and all purposes under, along, across or upon the public streets,
ways, alleys and places in the City, and shall include and be in lieu of any existing or future City
requirement to obtain a license or permit for the privilege of transacting and carrying on a business within
the City;
(f) The word "gas" shall mean natural or manufactured gas, or a mixture of natural
and manufactured gas;
(g) The phrase "pipes and appurtenances" shall mean pipe, pipeline, cable, main,
service, trap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, appliance, attachment,
appurtenance and any other property located or to be located in, upon, along, across, under or over the
streets of the City, and used or useful in, or in carrying on the business of, transmitting and distributing
gas;
II. REVOCABLE LICENSE.
A. Pursuant to San Bernardino Municipal Code Chapter 14.04, the City does hereby issue a revocable
license to Licensee to temporarily use its existing pipes and appurtenances, in their existing locations, for
transmitting and distributing gas for any and all purposes, under, along, across or upon the streets of City
for a period not to exceed one hundred twenty (120) days, commencing February 1,2003.
B. City shall have the right to revoke this License, without cause, and at any time, by giving Licensee thirty
(30) days prior written notice of revocation.
C. Except as otherwise specifically provided herein, the terms and conditions of the existing gas franchise
agreement dated January 30, 1953, are hereby incorporated in this License.
D. Licensee shall pay the City, as compensation for this License, the higher of: i) that amount calculated
using the compensation formula established in the new gas franchise agreement; or, ii) 2% of the gross
receipts of the Grantee derived from the sale, transmission, or distribution of gas, or from providing any
other service, within the limits of the City during the term of this License.
E. Any notices under this License shall be in writing and be delivered by courier service or by certified
mail, return receipt requested, or by telecopy with a confirming copy mailed (first class mail) by the next
business day, to the other party at the address shown below or at such other address as the party may
designate by written notice delivered in the manner provided for herein:
City of San Bernardino
Attn: City Clerk, City Administrator
300 North D Street
San Bernardino, CA 92418
Southern California Gas Company
Attn: License Manager
555 West Fifth Street
P.O. Box 3249
Los Angeles, CA 90051-1249
Telecopy number: 213-244-8212
Confirmation number: 213-244-5060
CITY OF SAN BERNARDINO
Judith Valles, Mayor
Date: January ,2003
SOUTHERN CALIFORNIA GAS COMPANY
Date: January ,2003
- 2 -
CAC1013 7 -6/6/02
San Bernardino County/San Bernardino
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "DB Street. San Bernardino' CA 92418-0001
909.384.5002' Fax: 909.384.5158
www.ci.san-bernardino.ca.us
,.
January 28,2003
Southern California Gas Company
555 West Fifth Street
P.O. Box 3249
Los Angeles, CA 90051-1249
Attn: License Manager
At the Mayor and Common Council meeting of January 21, 2003, the City of San Bernardino
adopted Resolution 2003-37 - Resolution granting a revocable license to the Southern
California Gas Company for its operations in the City of San Bernardino.
Enclosed is one (I) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318,
San Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by March 24, 2003
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely, j
'-l/t ((C((~ ~-J,\ ('''''--,--
Michelle Taylor L'
Senior Secretary
Enclosure
CITY m- SAN BERNARDINO
... ......n.n..,.,m" ~n.. Dvn VA r rT1~Io;:. Tntporitv. Arr()llnt~hililv . Resnect for Human Dignity. Honesty
The
Gas
Company.
RECEIVEf'l--CITY CLERK
'03 FEB -5 A11 :38
February 3, 2003
Ms_ Michelle Taylor
City Clerk's Office
City of San Bernardino
P_O. Box 1318
San Bernardino, CA 92402
Re: Resolution 2003-37 - Revocable License
Dear Ms. Taylor:
Enclosed as requested is a signed original copy of Resolution 2003-37,
Resolution granting a revocable license to the Southern California Gas
Company for its operations in the City of San Bernardino.
Please feel free to contact me with any questions.
Sincerely,
Enclosure
Ben P. Pruett
Franchise and Fees Managn
.
Southern California
Gas Company
555 WFijthStreet
Los Angeles, CA
90013-1011
Mailing Address:
Box 513249, GT26E2
Los Angeles, CA
90051-1249
tel 213244-2522
fax 213 244-4997
(mail:
bpruett@f(JcalgllS.com
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
February 5, 2003
TO:
Lori Sassoon, Assistant to the City Administrator
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-37 - Southern California Gas Company
CC:
Attached is a fully executed copy of the revocable license to Southern California Gas Company
for its operations in the City of San Bernardino. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ex!. 3206.
,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
2003- 3'1
Absent -G-
Meeting Date (Date Adopted): - 21-C:'~ Item #
Vote: Ayes I - 'I Nays er
Change to motion to amend original documents:
'2 c, Resolution #
Abstain ~
Reso_ # On Attachments: ./ Contract term: -
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
rJD
Date Sent to Mayor: \ - "2 ~- e:, -~
Date of Mayor's Signature: \---2:{~C>-~
Date of ClerklCDC Signature: \ - ?:l-u'S
N ulllV oid After: (, (, DIl::' /3 - -:14 -("13
By: -
Reso_ Log Updated:
Seal Impressed:
)./
/
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: -_/ Date Returned: f) - ")-- () ')
See Attached:
See Attached:
1- 2-2>"0/-,
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/
Parks & Rec.
Code Compliance Dev. Services
Police Public Services Water
Notes:
Yes /
Yes
Yes
Yes
Yes
No
No -.L
No /
No /
No ---;7
By
By
By
By
By_
EDA
Finance
MIS
Others:
N(I"), rl
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
Ready to File: 01\
Date: d!S) tel
Revised 01112101