HomeMy WebLinkAboutOrdinance 1774 N.C.S. 11/06/1989OAT
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1 .ORDINANCE NO. 1774 N . C . S .
2 INTRODUCED BY COUNCILMAN SECONDED BY COUNCILMAN
3 Michael Davis John Balshaw
4 — 1
5` AN ORDINANCE AUTHORIZING LEASE OF ALL STREET LIGHT
6 FACILITIES WITHIN THE CITY LIMITS OF PETALUMA, CALIFORNIA
7 ACQUIRED BY THE CITY OF PETALUMA FROM PACIFIC GAS AND
8 ELECTRIC COMPANY PURSUANT TO A STIPULATED JUDGEMENT
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
10 FOLLOWS:
11 Section 1. All street light facilities within the City
12 limits of the City of Petaluma acquired by the City of
13 Petaluma from Pacific Gas and Electric Company pursuant to a
14 stipulated judgment during the current fiscal year are
15 hereby authorized to be leased under the terms and
16 conditions set forth in the agreements entitled "Facilities
17 Lease" and "Lease Agreement" attached hereto as Exhibit "A",
18 and available for review by the public at the office of the
19 City Clerk.
20 Section 2. The City Attorney or his deputy is hereby
21 authorized to execute the stipulation in the Superior Court
22 Eminent Domain Action (Case #177467) of City of Petaluma vs.
23 Pacific Gas and Electric, attached hereto as "Exhibit B".
24 Section 3. This ordinance, by unanimous vote of the
2.5 Councilmembers present, shall become effective immediately
26 as an urgency measure under Section 76A of the City Charter.
27 The Council finds and declares that the immediate
28 effectiveness of this ordinance is necessary for the
29 immediate preservation of the public peace and safety in
Ord. 1774 NCS
1 that the property to be leased is necessary to provide for
2 street lighting services, and the lease transactions must be
3 completed promptly in order to effectuate the financing in
4 accordance with City needs.
5 Section 4. The action of the City Clerk in posting a
6 copy of this ordinance on the bulletin board at the City
7 Hall for at least two days prior to the adoption hereof, by
8 unanimous vote of the Councilmembers present, is approved;
9 and the Council finds that such posting meets the
10 requirements of Section 45 of the City Charter.
11 Section 5. The City Clerk be, and she is hereby
12 directed to publish this ordinance for the period and in the
13 manner as required by the City Charter.
14 INTRODUCED, ADOPTED AND ORDERED posted/published this
15 6th day of November 19 89 , by the following
16 vote:
17
N.
AYES: Tencer, Woolsey, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: 0
19 ABSENT: Cavanagh
20
21
22
23 ATTEST:
24
25
26 City Clerk
Ord. 1774 NCS
POLE CONTACT AND OPERATING,AGREEMENT
THIS AGREEMENT is entered into this day of
196, by and between PACIFIC GAS AND ELECTRIC COMPANY, a California
Corporation (PG&E), and the City of Petaluma, a public entity (City).
WHEREAS, PG&E owns, operates and maintains overhead electric
distribution facilities within the geographic area of the'City.
WHEREAS, City has recently acquired possession of certain street-
lights from PG&E within the geographic area of the City, a portion of
which are installed on PG&E's overhead electric distribution poles;
WHEREAS, City desires to enter into a general. agreement with PG&E
that will (1) allow having the existing streetlights remain on PG&E's
distribution poles and (2) specify conditions .for future installation,
operation, maintenance, use or removal of street'li`ghts.; and
WHEREAS, PG&E is willing to permit City to have such pole contacts
under certain terms and conditions;
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NOW THEREFORE in consideration of the,fareg.o:in;g, PG&E and City
hereby agree to the .fo.l l ow'i ng:
1. PG&E hereby gives City permission, under the terms and conditions
herein stated, to contact.,, replace, operate,.mainta•i.n, and use existing
luminaries, lamps, photocells, support arms and service wiring
facfl i.ti es, (hereinafter E'q.ui;pment) installed -on poles, owned by PG&E or
jointly owned by. P'G&E'and others. Such'permission.covers all, existing
lights in•.each jurisdic,ti`on.that are mounted. on PG&E: -owned poles based
on the -most current billing records.as of the date of this agreement.
2.' PG&E. will provide Contact Permits in the form attached and marked
Exhibit A to City for each of the locations fhvo:lved in the acquisition,
and shall charge no pole contact fee for each electric. di stri bu-ti on pole
covered under this contact agreement unless such a fee is permitted in
the future under authori;zation by the California Public 'Uti l i'ties
Commission'.(CPUC). In the event that City abandons itsEminent Domain
action against ;PG&E, City agrees to reimburse PG&E. fo.r PG&E's expenses
incurred as a result of this agreement.
3. Any contractor used by City to perform "Work on PGW s distribution
facilities..s6all be one prev:iousl,y approved by P-G&E as qualified to
per such ;work, and shall meet the insurance requirements outlined in
paragraph 19: ` Upon request, PG&E' will supply a list >of approved
contractors to City.
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4. City or its contractor shall not inst411-a,n°y additional equipment on
PG&E's poT without first securing PG&E's written approval as a Contact
Permit. Within thirty (30) days of recei'pt.of the application, PG&E
will grant or deny the permit, and specify why the action cannot be
taken. Upon receipt, of each such approved Contact Permit, City shall
have the right of installing, operating, maintaining and using such
additional equipment on the poles specified in such. permit and under the
terms and conditions specified in this agreement, ,(thereafter included
as Equipment), which shall.be.considered a part of each such permit
irrespective of whether this-agreement.be referred to in each such
Contact Permit.
5. All Equipment attachments made by City or itsccontractor shall be in
accordance; with the .drawi:ng identified as Exhi.bi`t B attached or as PG&E
may direct based on des-ign changes made.
6. If any .rearrangement of or addition to existi'ng.PG&E,electric
distribution facilities is required in order to permit use by City, PG&E
shall notify City of -the' nature and PG&E's estimated cost of such work.
City sha_l,l notify PG&E by letter with purchase order number of City's
willingness to reimburse PG&E for the cost of such work. PG&E shall,
thereafter, compaete,the work within a reasona'bl'e time and bill City.
In the event that -.City does not proceed with such work, it shall
rei'mbu.r.s:e PG&E'its.-expense for the design of the requested work, if any.
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7. This agreement may be ass°igned by- City only, with,the prior written
consent of. PG&E and provided the assignee agre'e's.to the terms and
conditions of this agreement.
8. All work on City's -streetlights on PG&E-'s poles shall be performed
by City's personnel or contractor'operating ,from ladder trucks or bucket
trucks.
9. Ci ty wi l l specify service vol tages to. be.. 120 or 240 vol is to ensure
maxJ:mum energy efficiency. Rhotocel-1s will be calibrated, at'the
service voltage., for an operating schedule of :4:•,100 hours per year.
10. Connecti•on or disconnection of City's service wires to PG&E's
secondary conductors w11 be performed by. PG&E at City's expense based
on the flat cost table attached'as Exhibit C,. T.his table is subject to
change by PG&E annually. If,_'Cfty believes the annual increase in flat
costs are not reasonable, it,may req:ues.t a breakdown of the,eharges from
PG&E, and may pet,i'tio.n the. CPUC for review.
i
11. City or i is coat"r. actor may remove : `ts Eggj,pmen't from. any poles
hereunder upon- gi vi;ng ten (10) days advance written notice' to PG&E;
pro,vi ded,,, ' however, that said notice 'period wi 11, _be i nappl i cabl e in case
.of emerge'n`cy, Such notice shall be given. by executing a Not ce of
Contact: Removal in the --form attached hereto as, Exhibit D..
12. 'PG&E will .supply electrical energy and. service to streetlight
equ.pment owned by City in accordance 'wi"th, its appl icabl e - tari ff
schedules.
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13. Abandonment of Equipment by City shall terminate all of its rights
and privileges, at that location, under this agreement. Abandonment
shall be presumed if Equipment is not used for a three (3) month period
and unless City notifies PG&E of a temporary period of disuse of its
Equipment. In such instances., the Equipment will not be considered
abandoned until three months after the temporary disuse period has
lapsed. After the expiration of such period,PG&E'shall have the right
to remove and retain possession of the Equipment, provided that at least
ten (10) days prior to. such removal or possession PG&E has mailed to
City written notice of its intention and City has neither responded nor
brought to use the Equipment. PG&E has the right`to collect from City
all expenses incurred for removal of such Equipment:
14. Ci-ty shall install and.maintain Equipment at its sole risk and
expense, in a safe and workmanlike manner, in compliance with reasonable
safety regulations and work practices and with all applicable ,federal,
state and local laws, rules, and regulations. In no case shall City have
work performed above the.heigft-t of the 120/240 volt secondary conductors
on PG&E's facilities.
15. PG&E shall install and maintain its facil"ities at its sole risk and
expense., in- a safe and workmanlike manner, i'n compliance with reasonable
safety regulations and work practices and with all applicable federal,
state and' 1`ocal 1aws, .rules and regulations.
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16. Should PG&E find it necessary to.perform any work on (rearrange,
remove, replace,or relocate).its distribution poles, on which City
maintains its Equipment, and .such work is (a) at the request of local
governmental agencies, (b) at,the request of the State of California
Department of Transportation (Cal -Trans), (c) 'to repllace deteriorated
poles, (d) caused by an emergency (storm damage, accidents, etc.), or
(e) caused by the actions -of a third party or parties outside of PG&E's
control, City shall at its own expense rearrange its Equipment as
necessary, or remove, relocate, replace, or transfer its Equipment to
substitute poles, if available, as designated by PG&E. PG&E will give
City thirty (30) days written notice for such necessary work, except in
the case of an emergency. In the event that City 'does not perform its
.work prior to PG&E's schedul:ed work, or in cases of emergency, PG&E may
at the expense of City perform such work or other associated work in
connection with the Equipment that may be "required for the operating
needs of PG&E.
17.a. Any and all liability for injury or death of any person
(including the general public, employees, agents', re,pre`sentatives,
contractors and contractor's employees, agents:, representatives and sub-
contractors of the parties hereto) and for lo,ss.or destruction of or
damage to any property (including property of the parties hereto)
arising out of or in any way connected with the installation,
maintenance;, use, relocation, dismantling, abandonment, or removal of
any poles, towers., fixtures or light standards or any attachments
thereto, or any failure of any party hereto to observe and perform any
obl.igati`ons.hereunder shall be borne by the parties hereto as follows:
10
(1) Any such liability for injury to or death of an employee,
agent representative, contractor (including contractors' employees,
agents, representative and sub -contractors) of'a party hereto shall be
borne by such party; and such party shall defend,_indemnify and hold
harmless the other party her against such liability.
(2) Subject -to (1) above, any such liability caused by the
sole negligence of one of the parties hereto; or caused solely by the
failure of one of t.he. parties :hereto to'observe andperform any
obli.gation-hereunder,.shall be borne by such party; and such party shall
defend,, indemnify and hold. harmless the other party hereto against such
1ia'biIity..
(3) Subject to (1) above, any such liability caused by the
joint or concurrent negligence of the parties hereto or by the joint or
concurrent failure of the parties hereto to observe or perform any
obligation hereunder, shall be borne equally by such parties, except
that each such party shall assume all risk of loss or destruction of or
damage to its property. .
(4) Any other such liability shall be borne equally by the
parties involved in the event or occurrence creating such liability,
except that each party shall assume all risk of loss or destruction or
damage to its property.
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17.b. I�n the adjustment between the parties hereto of any cla°im of. such
liability, the .liability &ss.umed by such parties. under paragraph 17.a.
of this section shall include, in addition to the amounts paid to the
claimant, all expenses incurred by such party in connection therewith,
which shall include costs, attorney's fees, disbursements and other
proper charges and, expenditures.
17.c. If any party hereto, as the result of claim of liability, should
be compelled to pay d'ama'ges in consequence thereof to a greater extent
than _specified in this section, such party shall have, to the extent of
the excess so paid by it, the right of contribution from the other party
affected by such claim.
18 City shall provide ,evidence to PG&E of i`nsura`nce or self-insurance
to secure the payment of Worker's Compensation in compliance with the
Labor Code of California and, where applicable shall secure payment of
liability under any other 's'imilar appTi.cable law:
19. Upon request, City's.all provide PG&E evidence of insurance or
self-in_surance and shall cause any contractor- performing work under this
agreement to procure and maintain in effect during, the term of his work
bodily injury liability i'ns'urance with 1imi-ts of not less than
$2,000;,,000.00-com6i'ned single limit (including automobile) for bodily
injury and property damage as a result of anyone occurrence. Such
contractor'�s'insurance`must be satisfactory to PG&E -and shall guarantee
City's perfbrmance of the above indemnity obligat ton and shall also be
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endorsed to (a).incl'ude PG&E as an additional named insured i.ns`ofar as
this agreement is concerned,,.(b) contain a cross-liability,cl'ause, and
(c) prov,ide that written notice shall be given to PG&E at least thirty.
(30) days prior to cancellation or ma eri:a-1 change to the form of such
policies or endorsements. 'Upon reques°t, City will furnish PG&E with
original copies .of the policies a'nd endorsements . `PG&E shall have the
right to .inspect the original policies of such insurance.
20. Should either party fail to enforce any specific provision of this
agreement, it shall not be deemed a general wai;ve:r or relinquishment by
that party of any provision i.n this agreement.
21. Any amounts.payable. by City to PG&E under the provisions of this
agreement shall n'ot be due until services hav=e been rendered and shall
be due and payable within 'thirty (;30) days of ter the work is completed..
22. ' An°y -termi3na io'n of City' s rights and pri v-i l.eges hereunder shall not
relieve City of any obltga,tions, whether of indemnity or otherwise,
which has accrued. prior to such termination or completion of removal of
City' s equipment, whichever i s: 1 aster, or which arises out of an
occurrence. happening prior thereto.
.23. This 'agreement shall supersede any previous pole contact agreement
between PG&E and the jurisdictions repres.erited by City insofar as it may
perta;tn 'to streetl i ghti ng.
d
24. This agreement shalf be subject to all of the provi's:ions of the
California Public Utilities Code and PG&E's!appli;cable tariff schedules
on file with�and authorized by the CP'UC and 'further shall at all..times
be subject 'to such 'changes or modifications as the CPUC, may, from time
to time, direct in the, exercise of its jurisdiction.
25. Notwithstanding any other provisions hereof,;, this agreement shall
be and remain in effect.for.an initial period often (10) years from the
date of this agreement, and .shall extend thereafter for successive terms
of one (1) year each,„ unless otherwise cancel' ed ;by either party on not
less than twelve (1,2) ,Ton'ths' advance written notice to the other party
at the expiration of the initial,,..or any, subsequent. term.
PACIFIC GAS AND ELECTRIC COMPANY
By
a Ie a i 1 ton
Petal. a/Sonoma District
Manager
CITY OF PETALUMA
Bye ..
John :Scharer
City. Manages
Approved
As to. Form
Attorne
ity of Petaluma
Attachments: Exhibits: A, B, C and D
ATTEST: se�ctorof Pub is Works
Patricia E. Bernard, City Cle k
F' ance Officer
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Risk Manage
EXHiBiT h
PACIFIC GAS AND ELECTRIC' COMPANY
CONTACT PERMIT
Number ............. -.
vtsron.-..... :. —.... ........ ...---------------..----------------
Date............................................... 19.............
Permission is requested to place attachments on the poles designated below in
accordance with the terms and conditions of the agreement between..........................................................
.................and Pacific Gas and Electric Company
........................................ . .
dated...................................................................
DateChecked ............................................. _ ......
By......................------------------------------------- By................................................................... ...-------- ------
THE ABOVE PERMISSION IS HEREBY . GRANTED
DateChecked ..... -._...............................:.. Date ............................................ .......--------- 19.............
....... _........... .........................:.....................................................•---...._................._...........
By........................... -........... -............................................
Number of poles contacted under this permit ................... Annual rental $........... ..................... each or
$........................... .....total.
This exhibit covers the number.LS-1 streetligh'ts identified in the attached
R011W1 report.
11
NOTEc sketch to be draav to suitable scale. We reverse aide of this sheet if necessary;
62-r610 -10-56 25 PADS'
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sde afpa(e 9',,p IMM ground /eve/
FIG. 4.
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with SrwJe O/z}o Present
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9
Ia�ntificotion
EXHIBIT B
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6 6 7
F/G. 5
Insto/%lion vrr%h /✓o Sery cc Orbs P escnJ
(See Note (c))
nr u
Scrvecc _
12' Min.
96.6
Instol/ation with Serv.Ce Orcps Present
NOTES :
(a) Coutruction sew( e3 rv-5 is gvc—b
rnhc+ la end -or mn Service takeout: as
pre3ent or conto;plolcd
..:.. '.: • . _ . • .
-fb). GJsfoaw wr// leave scffir rnt <004<&r
of this paint 10 reach 56MV �oryCOndotliar
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AUTHORIZED MUNICIPALLY OWNED. INSTALLATIONS'(120'VOLT OPERATIiF�,� I
AfT►L1-YO 6f � 1/
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T.- I k-
CT
STREET LIGHT INSTALLATIONS ON WOOD POLES Of
4
C(PAPT-(wl Of Chi,il.l.l N.VG
C �� I wit
I°nCu-iC GAS AND ELECI-RIC Coh�1'�.r.i 01 S 1 3 2
-20- i I �•'� Fl2Af:C15C�O, CALIFORNIA
EXHIBIT C
FLAT COST TABLE
.,CUSTOMER -OWNER STREET LIGHTS ON PG&E OWNED POLES
RATE SCHEDULE NO. LS-2
Description Charge
1. New Service Connection (single trip) $50
Load Less Than 2000 Watts
2. Temporary Disconnect and Reconnect
Service Wires (double trip)
a. First Light located within a single $10.0
city or lighting -district
b. Each additionallight located within $80
a single city or lighting district
worked at the same time
3. Relocation (remove and reinstall street
light fixture, support arm, wiring, etc.)
on wood pole (single 'trip)
a. First light located within a single $135
city or lighting district
b. Each additional light located within $110
a single city or lighting district
worked `at the same time
4. Permanent Disconnection: (single trip)
a. ,Light install°ed 5 years or more N/C
b. Light installed less than 5 years
(1) First light located within a single $50
city or lighting district
(2): Each additional light located within $35
a single city or lighting district
at the same time.
NOTES: 1. All charges shown above are subject to change annually by PG&E.
2. For connection and other charges for customer -owned street
lights NOT on PG&E -owned poles, refer to the special conditions
of Schedule LS-2.
EXHIBIT D
62-4611 1._E5 10 PADS
PACIFIC .GAS AND ELECTRIC COMPANY
Number:...__.___._-_______
NOTICE OF CONTACT REMOVAL
To................................................ ---------.-----•-•----•-•---_. Division -------------------------------------------------------
Date------------------------- --------e 19...:...._
The attachments on the poles designated below, as covered by Contact Permit No .......................................
issued in accordance with the terms and conditions of the agreement between_------------------------------------------------------
---,----------------- :._._...---...-----------..•: ---.and Pacific Comas and Electric Company,
dated----------------------------------------------------- have been removed.
DateChecked ------------ --=--=---- •------------- --------------•----------------•-•--_-:___-_-------------•---------•---------
By------------ ----
- ----- --------- - BY-----------------•--------•------------------•-----------------------
• TITLE
CONTACT REMOVAL AC Q40WT-EDGED
Date°Checked' _ - ------------------=-- Date---------: ---------- ------------------------ 19------_
By------------ -- - ----- -- --•------ ------------------------ ---------------------------
By= ----------•-----•-- •--------------- ---------
Pay
Number of poles vacated under this -removal notice ---- --------------- Free
Exchange Area ------------- ----- ------- ------ --:::_-
This exhibit covers .the number--LS-1 streetlights identified i n .t'he attached
R011WL report.
Noce: Sketch tD be drawn 'torsnitable sale., Use reverse of this sheet if neeessaty.
"EXHIBIT B"
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JOSEPH A. FOREST
FOREST & RUDNANSKY
465 Healdsburg Avenue
P.O. Box 1910
Healdsburg, CA 95448
Telephone: (707) 433-5629
Attorney for Plaintiff
City of Petaluma
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SONOMA
CITY OF PETALUMA,. a Charter City No. 177467
and municipal corporation,
Plaintiff,
STIPULATION
V.
PACIFIC GAS & ELECTRIC COMPANY
and DOES 1 through 10,
Defendants.
IT IS HEREBY STIPULATED by and between parties hereto,
through.their respective counsel of record, that the plaintiff,
CITY OF PETALUMA, may condemn the property described in the
Complaint filed herein on October 24, 1989.
It is further stipulated that the amount of just
compensation 'to be paid to the defendant, PACIFIC GAS & ELECTRIC
COMPANY, is the sum of ONE MILLION FOUR.THOUSAND SIX.HUNDRED AND
THIRTY DOLLARS ($1,004,630).
It is further stipulated that the parties hereto waive
their rights to appeal from this judgment.
It is further stipulated that the parties hereto shall
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each bear its own costs an-d ekpenses of the litigation.
Dated: November 1, 1989
Dated: November , 1989
JOSEPH A. FOREST
Attorney for Plaintiff
City of Petaluma
ROBE RT R. RICKETT
Attorney for Defendant
P.G.& E.
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2s
JOSEPH A. FOREST
FOREST & RUDNANSKY
465 Healdsiburg Avenue
P.O. Box 1910
Healdsbu,rg, CA 95448
Telephone: (707) 433-562.9
Attorney for Plaintiff
City of Petaluma
ENDORSED
FILED
OCT of 1969
SONOMA COUNTY CLERK
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SONOMA
CITY OF PETALUMA, a Charter City No.,-,,,
and municipal corporation,
Plaintiff, COMPLAINT IN
EMINENT DOMAIN
VS.
PACIFIC GAS & ELECTRIC COMPANY
and DOES 1 through 10, inclusive,
Defendants.
For cause of action against Defendants, and each o.f
them, Plaintiff alleges as follows:
(1) Plain;tiff CITY OF PETALUMA is a Charter City and
municipal corporation duly and regularly organized and existing
under the laws of the State of California, situated within the
County of Sonoma, State of California. Plaintiff is vested with
the authority, pursuant to Government Code Section 37350.5 and
Public Utility Code. -.Section 10002 to exercise the power of
eminent domain for the purpose of acquiring property and/or
property interests for street light purposes.
(2) Prior to commencement of this action, at a meeting
of the City Council of the City of Petaluma, duly and regularly
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noticed and convened at Petaluma, California, on the 21st day of
August, 1989, said City Council duly'and regularly passed and
adopted Resolution No. 89-267, stating and determining that
public interest and necessity require the acquisition of certain
real property and real property interests for the purposes of
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ownership, use and operation of public. street light facilities.
A copy of said Resolution No. 89-267 is attached hereto as
Exhibit A and incorporated herein by reference.
(3) Each and every matter, fact and thing, stated and
set forth in said Resolution was and is true.
(4) The public interest and necessity require the
taking of the property and the property interests described in
Exhibit A in order to carry out the proposed project. The
property to be acquired herein is described as "all street light
facilities owned by Pacific Gas & Electric Company within the
city limits of the City of Petaluma, California." An inventory
of the street lighting facilities within the city limits of the
City of Petaluma is attached hereto as Exhibit B and incorporated
herein by reference.
(5) The location o.f the proposed project and the
street lights which are sought to be condemned herein are all
located within the City of Petaluma.
(6). The name of the owner of the property, insofar as
known to Plaintiff, is the Pacific Gas & Electric Company.
(7) Does 1 through 1.0, inclusive, each has or claims
to have an interest in said property or property interests, the
exact nature .of which is unknown to Plaintiff. The true names or
capacities, whether individual, corporate, associate or
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otherwise, of Defendants Doe One through Doe Ten are unknown to
Plaintiff, who therefore sues said Defendants by such fictitious
names, and will ask leave to amend this Complaint to show their
true names, capacities and state of incorporation when the same
have been ascertained.
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WHEREFORE, Plaintiff prays for judgment as follows:
(1) Said property as described in Resolution No. 89-
267, more specifically, all street light facilities owned by
Pacific Gas & Electric Company within the city limits of the City
of Petaluma, California, be condemned to Plaintiff's use for the
purposes set forth -in said Resolution No. 89-267, namely for the
ownership, us,e and maintenance of street light facilities;
(2) Just compensation~'f'or said taking be ascertained
and assessed;
(3) All liens and encumbrances against said property
be deducted from said judgment; and
(4) For such other and further relief as the,}Court mad
deem proper.
Dated:( 2 s:9
JOS&PH A. FOREST
Attorney for Plaintiff
City of Petaluma
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