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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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~ , , ; u 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. III III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 The foregoing resolution is hereby approved this 22 23 24 25 26 27 28 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 , , 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. III III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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 22 23 24 25 26 27 28 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