HomeMy WebLinkAbout28- Development Services CITY OF SAN BERNARsDINO — REQUEST FOR COUNCIL ACTION
From: Michael .E. Hays, Director' Subject: Authorization to execute License Agreement with
Southern California Edison Company for installation
Dept: Development Services of non-electrified attachments and appurtenances to
Edison street light poles.
Date: September 8, 1998
File No.: 8.07
MCC Date: September 21, 1998
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution
Michael E. Ilays
Contact person: Gene R. Klatt Phone: 384-5125
Supporting data attached: Staff Report. License Agreement Ward(s):All
FUNDING REQUIREMENTS: Amount: N/A
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes: -
Agenda Item No.
IMPORTANT NOTE -
Resolution 98-270 is null and (�d
void because it was not
executed within time specified.
CITY OF.SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT:
Authorization to execute License Agreement with Southern California Edison Company for
installation of non-electrified attachments and appurtenances to Edison street light poles.
BACKGROUND:
From time to time, the City has the need to attach signs for street names, neighborhood watch,
traffic regulations, or flags and/or other notifications to street light poles, of which many in the
city are the property of Southern California Edison Company. In each instance, it is necessary
to get a site-specific license agreement for the attachment of any of the above, including
temporary signs.
The proposed License Agreement provides for a one-time adoption of an agreement that allows
the installation of non-electrified attachments to any steel or concrete Edison street light pole in
the city. It allows that attachments to these poles may 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 the 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.
FINANCIAL IMPACT:
There is no financial impact from the adoption and execution of this license agreement.
RECOMMENDATION:
Staff recommends approval of the License Agreement and that the Mayor be authorized to sign
the agreement.
OOFT
• 1 RESOLUTION NO._
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
3 SAN BERNARDINO AUTHORIZING THE MAYOR TO EXECUTE A LICENSE
AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY RELATING TO
4 INSTALLATION OF NON-ELECTRIFIED ATTACHMENTS AND APPURTENANCES
TO EDISON STREET LIGHT POLES.
5
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
8
9 directed to execute on behalf of said City a License Agreement with Southern California Edison
10 Company relating to installation of non-electrified attachments and appurtenances to Edison street
11 light poles, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by
12 reference as fully as though set forth at length.
13 SECTION 2. The Licensing Agreement shall not take effect until fully signed and
• 14
executed by all parties; no oral agreement relating thereto shall be implied or authorized.
15
16 SECTION 3. The authorization to execute the above-referenced Agreement is rescinded
17 if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this
18 Resolution.
19
20
21
22
23
24
25
26
• 27
28
• 1
2 RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE A LICENSING
3 AGREEMENT...RELATING TO INSTALLATION OF NON-ELECTRIFIED
ATTACHMENTS AND APPURTENANCES TO EDISON STREET LIGHT POLES.
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5
5 Common Council of the City of San Bernardino at a meeting thereof, held on the _day
7 of , 1998, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 ESTRADA
11 LIEN
12 ARIAS —
13 SCHNETZ
• 14 DEVLIN
15
ANDERSON
16
17 MILLER
18
19 City Clerk
20 The foregoing ordinance is hereby approved this day
21 of 1998.
22
23
Judith Valles, Mayor
24 City of San Bernardino
25
Approved as to
26 form and legal content:
• 27 JAMES F. PENMAN,
28 City A1Atorney
I '7
By: lrev, T utC"r r"�
ATTACHMENT "A"
• LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this day of 1998,
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 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, American 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:
I. 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 any one ornamental pole shall not exceed 13 square feet at any one time.
2. Except as otherwise herein provided, the use by City of such street light
standards as herein contemplated shall be without charge or expense to the City.
J. Whenever City desires to place said attachments on Company owned street
light 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.
•
2
• 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 workmanlike 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, if any, as required at City's sole cost and
expense.
7. City shall indemnify 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.
S. 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 provisions; however, the same shall nevertheless remain in full force and effect.
•
3
• 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 inure 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.
•
•
4
• IN WITNESS WHEREOF, Citv 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: COMPANY:
ACTING FOR AND ON BEHALF SOUTHERN CALIFORNIA EDISON
OF THE CITY OF SAN BERNARDINO
BY: BY:
Title: mayor Judith Valles Title:
ATTEST: ATTEST:
Title: City Clerk Title:
• DATE: DATE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
n
By: Q L
•
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (RIM) PROGRAM
DATE: September 25, 1998
TO: Gene Klatt, Assistant City Engineer
FROM: Rachel Clark, City Clerk by Melanie Miller, Senior Secretary
RE: Transmittal for signature — Res 98-270 Documents
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Attached are the following:
One (1) original agreement authorizing a License Agreement with Southern California Edison.
Please obtain signatures as needed.
Please return the executed original to the City Clerk's office as soon as possible, to my attention.
Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60)
days'— November 20, 1998.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller
I hereby acknowle ge receipt of the above mentioned documents.
Signed;
Date:
RC:mam
niinVpClC.lvi H
98-270
LICENSE AGREEMENT
THIS AGREEMENT, made and entered into this day of 6/l�sr�41993,
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 underground wiring at various locations
within said City at request of City;
and
IVf-FEREAS, City desires a license to place non-electrified traffic regulating
devices, American flaes attachments, Neighborhood Watch sisn attachments, and banner
attachments on said street light standards;
and
WHEREAS, Company is agreeable to allow City to install Company approved
non-electrified traffic re_ulating devices, American flag attachments. Neighborhood Watch
sign attachments, and banner attachments and appurtenances on said street light standards
under a license.
t
98-270
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:
I. 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 any one ornamental pole shall not exceed 13 square feet at any one time.
Z. Except as otherwise herein provided. the use by City 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
light 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.
2
yt3-17(1
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 workmanlike manner in compliance with all
applicable taws, 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, if any, as required at City-s sole cost and
expense.
7. City shall indemnify 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.
S. 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 provisions; however, the same shall nevertheless remain in full force and effect.
3
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 Companv`s
street light standards within sixty (60 days of such termination.
10. The provisions hereof shall inure 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.
4
98-170
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: CONIPANY:
ACTING FOR AND ON BEHALF SOUTHERN CALIFORNIA EDISON
OF THE Y;OF SAN BERNARDINO
BY BY
Title: M yor Judith Valles Title:
ATTE ATTEST
Title: City Clerk Title:
DATE: 91 yA"f- DATE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney-7
By:
J
5
I N T E R O F F I C E M E M O R A N D U M
Date : 30-Nov-1998 02 : O1pm PST
From: Melanie Miller
MILLER ME
Dept : CITY CLERK
Tel No:
TO: Gene Klatt ( KLATT GE )
Subject : 0 es 98-270
Just touching base to see that status of a pending resolution:
Res 98-270 - authorization to execute a license agreement with
Edison for installation of non-electrified attachments and
appurtenances to CEEEN street light poles .
It expi-r d�'ul'1/2'0%19
If this does come in soon as a valid agreement from your
perspective I need some type of explanation to give to Sandra and
Rachel regarding arrival after the expiration date .
Thanks .
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
CITY CLERK'S OFFICE
RECORDS & INFORMATION MANAGEMENT (REW) PROGRAM
DATE: December 29, 1998
TO: Sandra Medina, Administrator Operations Supervisor
FROM: Melanie Miller, Senior Secretary
RE: Expired Resolutions Stains Report
CC: Rachel Clark, City Clerk
--------------------------------------------------------------------------------------------------------- -------------------------------------
The following is a status report on resolution attachments not executed prior to their expiration dates from July 1, 1998 through
December 29, 1998.
MEETING RESOLUTION EXPIRATION DEPARTMENT WHAT
DATE # DATE
07/2011998 98-205 90 days Development Svcs Agreement with property owners on Pioneer
Street (Orange Show Rd extension) for the
installation of a retaining wail and appurtenant
facilities on their properties.
08/03/1998 98-229 11/01/1998 Development Svcs Program Supplement No. 001-M STPLX 5033
(001) for barrier rails on Rialto Ave at BNSF
Railroad bridge No. 54C-0378, and on Highland
Ave over Del Rosa Channel Bridge No. 54C-
0227. (See Memo of 10/29/1998 regarding this
matter)
08/17/1998 98-243 90 days Facilities Mgmt Contract with the State of California, through its
Department of General Services-Energy
Assessments (DGS/EA) and City and
Commonwealth Energy for the purchase of
electricity for 1 year.
09/21/1998 98-270 11/2071998 Development Svcs 1 License Agreement with Edison for non-
electrified attachments and appurtenances to
Edison street lights.
10/05/1998 98-291 60 days Mayor's Office Authorizing the execution of an agreement with
the Black Culture Foundation relating to financial
assistance from the civic and promotion fund for
FY 1998/1999.
l
MEETING RESOLUTION EXPIRATION DEPARTMENT WHAT
DATE p DATE
10/19/1998 98-307 12/18/1998 EDA _ City participation in the Independent Cities Lease
Finance Authority (ICLFA) fresh rate (101%)
HOME Mortgage) Program.
This notice has been placed on the following documents to clarify their status:
1. Original resolution,
2. Original staff report,
3. Original resolution log.
"IMPORTANT NOTE - Resolution 98-xxx:
Resolution is null and void because
it was not executed within time
specified."
Just let me know if you have any questions.
Melanie Miller
Senior Secretary
2