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ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael E. Hays, Director
Subject: Resolution approving License
Agreement with Southern California Edison
Company for installation of non-electrified
attachments and appurtenances to Edison
street light poles.
MCC Date: 12-06-1999
Dept: Development Services
Date: November 15, 1999
File No. 8.07
Synopsis of Previous Council Action:
09-21-1998 Adopted Resolution No. 98-270 authorizing the Mayor to execute an agreement
with Southern California Edison for installation of non-electrified attachments
and appurtenances to street Light Poles (Resolution approved but Agreement
was not executed by all parties; therefore, the approval is null and void.)
Recommended Motion:
Adopt Resolution.
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Michael . Hays
Contact person: Michael Grubbs, Sr. Civil Engineer Phone: 5179
Supporting data attached: Staff Report, Reso. & License Agree. Ward: All
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Agenda Item No. J 5'
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staft' Report
SURJECf:
Resolution approving License Agreement with Southern Californill Edison Company for
installation of non-electrified attachments and appurtenances to Edison street light poles.
BACKGROUND:
Southern California Edison Company requested that the City execute the attached agreement to
allow the City to affix street name signs, neighborhood watch signs, traffic regulation signs,
flags, and other non-electrical items to Edison street light poles.
Presently, in each instance that the City wishes to attach an item to an Edison street light pole,
a separate site-specific license agreement for the attachment is required. The purpose of the
proposed agreement is to provide a blanket agreement that allows the installation of non-
electrified attachments to any steel or concrete Edison street light pole in the City. It allows
that attachment to these poles be done only by City employees and sets the criteria for this. It
does require that the city notify Edison in writing, by location, to obtain permission for type,
size, loading and location of each sign or attachment. The agreement also requires the City to
indemnify Edison for losses and/or damages resulting from the installation or use of the poles.
This agreement was previously approved by the Mayor and Common Council on September
21, 1998, and was executed by the City. However, Southern California Edison Company
discovered a discrepancy in the document, as described below, and requested that the minor
change be made. The delay in executing the agreement resulted in the approval expiring as
provided by Resolution No. 98-270 which states that the Agreement shall be executed by all
parties within 60 days or it becomes void.
The proposed Agreement is identical to the previously approved Agreement except that the
wording in paragraph three has been modified as follows: (words in italics were added)
".....steel street light standards with overhead and underground wiring....". This change of
wording will satisfy Southern California Edison and is acceptable to City Staff.
FINANCIAL IMPACf:
None.
RECOMMENDATION:
That the Mayor and Common Council approve the attached Resolution authorizing the Mayor
to execute a License Agreement with Southern California Edison Company for installation of
non-electrified attachments and appurtenances to Edison street light poles.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE
AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY RELATING
TO INSTALLATION.. -OF NON-ELECTRIFIED A'ITACBMENTS AND
APPURTENANCES TO EDISON STREET LIGHT POLES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
directed to execute on behalf of said City a License Agreement with Southern California
Edison Company relating to installation of non-electrified attachments and appurtenances to
Edison street light poles, a copy of which is attached hereto, marked Exhibit "An and
incorporated herein by reference as fully as though set forth at length.
14 SECTION 2. The Licensing Agreement shall not take effect until fully signed and
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rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage
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executed by all parties; no oral agreement relating thereto shall be implied or authorized.
SECTION 3. The authorization to execute the above-referenced Agreement is
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of this Resolution.
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RESOLUTION ... AUTHORIZING THE MAYOR TO EXECUTE A LICENSE
AGREEMENT...RELATING TO INSTALLATION OF NON-ELECI'RlFlED
ATTACHMENTS AND APPURTENANCES TO EDISON STREET LIGHT POLE
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
, 1999, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
ANDERSON
MILLER
City Clerk
The foregoing resolution is hereby approved this
day of
1999.
Judith Valles, Mayor
City of San Bernardino
Approved as to
Form and legal content:
JAMES F. PENMAN,
City ttomey
7.
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1999-300
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EXHIBIT "A"
LICENSE AGREEMENT
TIllS AGREEMENT, made and entered into this 6th day of nece.ber , 1999, by
and between Southern California Edison Company, a corporation, hereinafter called "Company" and.
the City of San Bernardino, a political subdivision of the State of California, hereinafter called "City".
WHEREAS, City has jurisdiction of certain highways and has the right to regulate the use of
such highways; and
WHEREAS, Company has installed Company owned ornamental composite, marbelite and
steel street light standards with overhead and underground wiring at various locations within said City
at request of City; and
WHEREAS, City desires a license to place non-electrified traffic regulating devices, American
flags attachments, Neighborhood Watch sign attachments, and banner attachments on said street light
standards; and
WHEREAS, Company is agreeable to allow City to install Company approved non-electrified
traffic regulating devices, America flag attachments, Neighborhood Watch sign attachments, and
banner attachments and appurtenances on said street light standards under a license. .
NOW, THEREFORE, in consideration of the premises and the mutual understandings and
obligations of the parties as herein-after set forth, Company and City hereby agree as follows:
1. Company hereby, subject to the terms and conditions provided in this Agreement,
licenses and permits City or City's authorized agent to install, maintain, use, repair, renew, and
remove certain Company approved non-electrified traffic regulating devices, American Flag
attachments, Neighborhood Watch sign attachments and banner attachments and appurtenances on
Company owned ornamental composite, concrete and steel street light standards in accordance with
the following:
(A) Attachment shall be secured by means of stainless steel straps. No holes shall
be punched, drilled, or burned in the ornamental pole.
(B) All attachments shall be mounted so as to provide adequate clearance from
traffic, pedestrians, and from all electrical facilities, and secured to the street
light standard to avoid dislodging by wind.
(C) The total surface area of all attachments on anyone ornamental pole shall not
exceed 18 square feet at anyone time.
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1999-300
2. Except as otherwise herein provided, the use of such street light standards as herein
contemplated shall be without charge or expense to the City.
3. Whenever City desires to place said attachments on Company owned street lights
standards, City shall file the necessary written application and plans with Company for its approval
for each application. The installation shall be completed within sixty (60) days of written approval:
Each subsequent installation requires a new application under this Agreement. City or City's
authorized agent shall commence and complete all approved attachments as promptly as possible.
4. No attachments shall be placed on said facilities until the application for the same shall
have been thus approved by the Company. Upon completion of any installation by City, or City's
agents, City shall notifY a Company representative who, at his/her discretion, may inspect installation.
5. Said attachments and appurtenances shall be installed and maintained by City, or City's
authorized agent, in a safe and workman-like manner in compliance with all applicable laws, rules,
regulations, ordinances, including but not limited to General Order No. 95 of the Public Utilities
Commission of the State of California.
6. Should Company determine that it is necessary to relocate or replace a street light
standard on which a City-owned attachment is in place, City or City's agent shall, upon reasonable
notice from Company promptly relocate, replace or transfer said attachment to a substitute street light
standard, ifany, as required at City's sole cost and expense.
7. City shall indemnity and hold harmless Company against all loss expenses, claims,
actions, causes of action, damages, costs or liabilities, directly or proximately resulting from or caused
by the installation, placement, use, presence, operation, maintenance, and/or removal of said
attachments and appurtenances on said street light standards, as herein provided.
8. The failure of Company to enforce any provision of this Agreement, or the waiver
thereof, shall not be construed as a general waiver or relinquishment on its part of any such provision;
however, the same shall nevertheless remain in full force and effect.
9. This Agreement shall continue in effect for a term of one year from the date hereof
and from year to year thereafter. Unless sooner terminated by mutual written Agreement, this
Agreement may be terminated by either party hereto by written notice given not less than sixty (60)
days prior to the intended termination. In the event of such termination, City shall remove all of said
attachments and appurtenances from Company's street light standards within sixty (60) days of such
termination.
10. The provisions hereof shall insure to the benefit of and bind the respective successors
in interest, representatives, and/or assigns of the parties hereto; provided, however, that no
assignment may be made without the prior written consent of the other party hereto.
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1999-300
11. The Agreement is given pursuant to the authority of and upon and subject to the
conditions prescribed by CPUC General Order No. 69:C dated and effective July 10,1985, which
by this reference is incorporated herein and made a part hereof, marked Exhibit "A".
IN WITNESS WHEREOF, City and Company have executed this Agreement by and through their
respective officers thereunto authorized as of the day and year first herein above written.
CITY:
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COMPANY:
AND ON BEHALF
OF SAN BERNARDINO
SOUTHERN CALIFORNIA EDISON
COMPANY
BY: Judith Valles
BY:
Title: Mavor Title:
ATTEsT:>d~"IYi.RrUn~~JTTEST:
Title: City Clerk Title:
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DATE:
DATE:
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
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