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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