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HomeMy WebLinkAbout1995-02-14; City Council; 13030; Acquisition of SDG&E-Owned Street Lighting System'' ' '3.0 IEPT. CSD -1 ACQUISITION OF SDG&E-OWNED STREET LIGHTING SYSTEM ATG. w4-95 IECOMMENDED ACTION: Adopt Resolution No. 5- Conveyance and Operation of Street Lighting Facilities. approving the execution of the Agreement for DEPT. HI? CITY MG Adopt Resolution No. 9 5J-I 2 approving transfer of $318,539 from the Street Lighting Assessment Zone fund balance to Fiscal Year 94-95 Street Lighting budget for purchase in full of the 685 SDG&E-owned street lights. ITEM EXPLANATION: City staff and SDG&E staff have reached mutual agreement on the content of "The Agreement for Conveyance and Operation of Street Lighting Facilities," which sets all conditions mandated by the California Public Utility Commission (CPUC) necessary for sale of any utility, or utility property, from one agency to another. The agreement is included in this agenda package as Exhibit 3. BACKGROUND: The concept and preliminary study for purchase of the SDG&E-owned and maintained public street lighting system began in 1989 with an audit and feasibility study. Three major justifications for the purchase of the utility owned system were presented to City Council on January 11, 1991, and acquisition of the system was approved. The three justifications were: lower maintenance costs by City staff; improved response time for repairs; and the ability to simplify the Street Lighting Assessment District benefit formula, which is currently based on a direct cost formula for the street lighting within the segregated lighting systems of the city. Since Council approved the acquisition, City staff has been negotiating price, inventory and "Agreement" format with SDG&E representatives. CURRENT STATUS: Staff is requesting Council approve the "Agreement," which specifies cost and maintenance transfer conditions of the lighting system, by requesting Council adopt Resolution No. Cr 5 -Y 1 . by SDG&E, as required in the sale of any public utility asset. Upon adoption, the Agreement will be submitted to the CPUC Upon acceptance by the CPUC of the terms and conditions of the utility transfer, as specified in the agreement, the finalization of the sale can be concluded. In addition, staff is requesting Council adopt Resolution No. $318,539 from the Street Lighting Fund balance to the active FY 94-95 Street Lighting Budget for a one-time payment for the purchase of the lighting system. 5- 4 2, transferring During the finalization of this agreement, SDG&E indicated that of the street lights the City is negotiating to purchase, approximately 68 poles are owned by Pacific Bell Telephone Company. As a separate matter, Pacific Bell and City staff are discussing how the City will approach maintenance of the street lights on Pacific Bell poles. ’ PAGE2OFAGENDABlLL# 13,030 FISCAL IMPACT: The current balance of the Street Lighting Fund is $603,231. The transfer of $318,539 will leave a balance of $284,692. The fund is made up of payments from various City departments for street lighting staff services, developers’ energy deposit payments, and all monies not spent in past FY budgets and the accrued interest on the balance. A portion of the balance is withdrawn yearly to decrease property owners’ yearly street lighting assessment payments. The reduction in maintenance/energy costs after purchase of the SDG&E-owned lighting is projected to save the lighting district $33,000 per year, thus reducing certain assessments for the areas impacted by the current costs. The entire payment for the street lights of $318,539 will be paid from the special fund budget. There will be no impact on the General Fund. EXHIBITS: 1. Resolution No. 9 5 - ‘t I Conveyance and Operation of Street Lighting Facilities which endorses Council’s approval for City acquisition of 685 SDG&E-owned and maintained street lights. Resolution No. 015 - 2, approving transfer of $318,539 from the Street Lighting Assessment Zone fund balance to FY 94-95 Street Lighting Budget. Agreement for Conveyance and Operation of Street Lighting Facilities. approving the execution of the Agreement for 2. 3. - EXHIBIT 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9 5 - 4 1 A RESOLUTION OF THE COUNCIL OF THE CITY OF CARLSBAD AND OPERATION OF STREET LIGHTING FACILITIES WHICH ENDORSES COUNCIL APPROVAL FOR CIN ACQUISITION OF 685 SAN DIEGO GAS & APPROVING THE EXECUTION OF AN AGREEMENT FOR CONVEYANCE ELECTRIC-OWNED AND MAINTAINED STREET LIGHTS WHEREAS, City Council of the Crty of Carlsbad approved the acquisition of the SDG&E-owned and maintained street light system on January 1 1, 1991 ; and WHEREAS, City Council reviewed information indicating City ownership would lower maintenance costs, improve response time for repair, and simplify the Street Lighting Assessment District formula; and WHEREAS, City Council has determined it to be in the public interest to purchase the SDG&E public street lighting system with the City of Carlsbad; and WHEREAS, City Council approves the terms and conditions as set forth in the -. Agreement for Conveyance and Operation of Street Lighting Facilities. - NOW, THEREFORE, BE IT RESOLVED by the Crty Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the Mayor and the City Clerk are authorized to exebute the agreement which will be returned to SDG&E for additional signatures and submittal to the California Public Utility Commission. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 14th day of FEBRUARY , 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: [2.k?m$L ALETHA L. RAUTENKRANZ, Crty Clerk EXHIBIT 2 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 95 -42 - -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF __ CARLSBAD AUTHORIZING THE TRANSFER OF $318,539 FROM THE STREET LIGHTING ASSESSMENT FUND BALANCE TO THE FY 94-95 STREET LIGHTING BUDGET FOR PURCHASE OF AN SDG&E STREET LIGHTING SYSTEM WITHIN THE CITY OF CARLSBAD WHEREAS, The City Council of the Crty of Carlsbad has approved the purchase of an SDG&E public street lighting system; and WHEREAS, the total cost of the lighting system is determined to be $318,539; and WHEREAS, direct payment for the lighting system must be made from the current FY Street Lighting budget; and WHEREAS, the current Street Lighting Fund balance has sufficient funds available to cover the cost of the lighting system. =. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad: 1. That the above recitations are true and correct. 2. That the transfer of $318,539 from the Street Lighting Fund Balance to the active FY 94-95 Street Lighting Budget is approved. 3. That the Finance Director is hereby authorized to complete said fund transfer. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 14th day of FEBRUARY , 1995, by the following vote, to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall NOES: None ABSENT: None ATTEST: bd&L ALETHA L. RAUTENKRANZ, Crty Clerk 1 EXHIBIT 3 AGREEMENT FOR CONVEYANCE AND OPERATION OF STREET LIGHTING FACILITIES THIS AGREEMENT IS ENTERED INTO AS OF DATE") BY AND BETWEEN SAN DIEGO GAS AND ELECTRIC COMPANY ("SDG&E), A CALIFORNIA CORPORATION, AND THE CITY OF CARLSBAD ("CITY"), A CALIFORNIA MUNICIPAL CORPORATION. ("EFFECTIVE RECITALS: WHEREAS, San Diego Gas & Electric (SDG&E) presently owns a street lighting system providing street lighting service to City on SDG&E poles and third party poles within the City of Carlsbad; and t WHEREAS, the City desires to acquire the street lighting system owned by SDG&E and the City has the power to acquire the system by eminent domain, and WHEREAS, the City and SDG&E disagree on the proper method of valuation of the street lighting system; and WHEREAS, it would be beneficial to the City and SDG&E to avoid litigation costs by negotiating a purchase price; and WHEREAS, the majority of the street lighting system is attached to SDG&E's electric distribution poles, and City wishes to have the right to continue attaching the purchased street lighting system to SDG&E electric distribution poles; and WHEREAS SDG&E and City have agreed to a purchase price for the street lighting system and on terms and conditions for continued operation of the system by City; NOW THEREFORE in consideration of the foregoing and the mutual covenants and conditions set forth herein, SDG&E and City hereby agree as follows: I. PURCHASE A. City agrees to purchase and SDG&E agrees to sell all of SDG&E's street lighting system within the corporate limits of the City of Carlsbad, consisting generally of 685 luminaires, high pressure sodium vapor lamps, photocells, support arms, service wires and street light- only poles ("Facilities") as more fully described in Attachment A attached hereto and incorporated herein by this reference. B. Immediately, upon full execution of this Agreement, City and SDG&E agree to file and diligently prosecute in good faith a joint application (the "Application") for an order authorizing this sale transaction with the California Public Utilities Commission ("Commission") pursuant to Section 851 of the Public Utilities Code. Said Application will request the Commission to issue an order pursuant to Section 851 authorizing SDG&E to carry out the terms and conditions of this Agreement, and the City will be copied on all communication pursuant to this requirement. The sale of the Facilities shall not be effectuated, and legal title shall not pass to City, until the Commission has issued an order authorizing SDG&E to carry out the terms and conditions of this Agreement. SDG&E and City agree that any change in the purchase price and/or the terms and conditions of this Agreement directed by the Commission are subject to future negotiation between SDG&E and City. Fees associated with the filing of the application with the Commission will be paid by SDG&E. k C. Upon Commission approval of the Applicatiod, City and SDG&E shall set a Purchase Date for this sale transaction, which shall occur not later than one year after date of Commission approval of the Application. On the Purchase Date: 1. 2. 3. 4. 5. City shall pay SDG&E Three Hundred Eighteen Thousand, Five Hundred Thirty-Nine dollars ($318,539), or Four Hundred Sixty Five Dollars and Two Cents ($465.02) per light at time of sales transaction. Legal title, free of any security interests, liens and other encumbrances, of the Facilities shall pass to City. SDG&E will prepare and deliver a bill of sale and detail list of the Facilities purchased by City. SDG&E shall be relieved of any requirement to operate, repair, supervise the use of, or maintain the Facilities. SDG&E shall change its monthly billing of the Facilities to Schedule LS-2, consistent with Section II (A) herein. 2 6. SDG&E will furnish to the City copies of facility plans for all street lights included in . purchase. SDG&E will furnish original construction drawings to City as needed upon request. D. The Current Ad Valorem Taxes for the tax year in which the system is conveyed shall be prorated as of the Purchase Date. The parties shall cooperate to remove the Facilities from the Assessois tax roll as soon as possible after the Purchase Date. E. City shall identify and place easily distinguishable City identification tags on poles purchased under this Agreement. F. City and SDG&E believe the purchase price of the Facilities to be fair and reasonable to both parties. If the Commission rejects the Application filed in accordance with Paragraph B, above, both parties are relieved of any and all obligations to each other in this Agreement. If the Commission dues not act upon this Agreement within one (1) year from submittal of the Application, upon sixty (60) days notice either party has the right tor terminate this Agreement and has the right on behalf of the two parties to withdraw the Application from the Commission. G. APPLICABLE WARRANTIES OF SDG&E: The sole and exclusive warranties, either expressed or implied, which apply to this transaction are as follows: 1. SDG&E warrants that title to the Facilities shall be good, and its transfer rightful, and 2. SDG&E warrants that the Facilities shall be delivered free from any security interest, or other liens or encumbrances of which SDG&E has actual or constructive knowledge, and Both SDG&E and City acknowledge that SDG&E is not a merchant in the business of selling streetlight systems, facilities, or equipment and that this sale is incidental to SDG&E's normal business. H. DISCLAIMER OF WARRANTIES: SDG&E gives no warranties, express or implied, as to merchantability, fitness for purpose sold, description, quality, productiveness, or any other matter (other than as set forth in Paragraph G, "APPLICABLE WARRANTIES"). THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIE'TIONS ON THE FACE HEREOF. SDG&E DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY AND CITY AGREES THAT THE FACILITIES ARE SOLD "AS . IS." 3 .- I. SECTIONS It, III, IV, AND V OF THIS AGREEMENT SHALL BECOME OPERATIVE ON THE PURCHASE DATE. II. OPERATION AND MAINTENANCE OF FACILITIES AFIER PURCHASE A. ENERGY BILLING: SDG&E agrees to tender energy for service provided to the Facilities in accordance with SDG&Es Schedule LS-2 applicable to customer-owned street lights as approved and filed with the California Public Utilities Commission (CPUC) and as may be modified from time to time by the CPUC in the exercise of its jurisdiction. B. MAINTENANCE: The responsibility for the maintenance of the Facilities covered by this Agreement is as follows: 1. Undermound-served Street Lights on Concrete Poles. The City shall own and maintain the entire electrolier (pole, luminaire, lamp, photoelectric cell and internalk wiring) and the underground service conductors from the electrolier to the SDG&E service point. The service point is defmed as the point of connection to the SDG&E electric distribution system and shall normally be futed as the first SDG&E handhole, transformer pad, or cable pole encountered along the service run from the electrolier. SDG&E shall retain responsibility for its electric distribution system serving the Facilities up to and including the connection at the service point. 2. Overhead-served Street Liehts on Wood Street Lieht-Only Poles. The City shall own and maintain the pole, luminaire, mast arm, lamp, photoelectric cell and conductors from the service point to the luminaire. The service point is defined as the point of attachment of the SDG&E service conductors to the pole; it is identified as point "A" on Attachment B to this Agreement (SDG&E Electric Standards page 1519). SDG&E shall retain responsibility for its electric distribution system serving the Facilities up to and including the connection at the service point. 3. Overhead-Served Street Lights on SDG&E Distribution Poles. The City shall own and maintain the luminaire, mast arm, lamp, photoelectric cell and conductors from the service point to the luminaire. The service point is defmed as the connection on the pole to the SDG&E distribution system; it is identified as point "A" on Attachment B to this Agreement (SDG&E Electric Standards page 1519). SDG&E shall retain responsibility for its electric distribution system serving the Facilities up to and including the connection at the service point. 4 4. Overhead-Served Street Lights on Wooden Street Light Only Poles Owned by Pacific Bell. The City shall own and maintain the luminaire, mast arm, lamp, photoelectric cell and conductors from the service point to the luminaire. The service point is defined as the connection on the pole to the SDG&E distribution system; it is identified as point "A" on Attachment B to this Agreement (SDG&E Electric Standards, page 1519). SDG&E shall retain responsibility for its electric distribution system serving the Facilities up to and including the connection at the service point. A separate agreement between Pacific Bell and the City of Carlsbad will cover the attachment of City facilities on Pacific Bell-owned poles. C. CONTROLS: The City agrees to control the operation of its street lights with photoelectric controls which are calibrated to operate with an annual burning schedule of about 4,165 hours per year. The purchase by the City of controls having the same manufacturer and part number as units shown on the SDG&E Electric Distribution Standards at the time of their purchase shall be deemed as full compliance with this provision. I. D. PACIFIC BELLOWNED POLES WITH STREET LIGHT FACILITIES: Attachment A identifies all the Pacific Bell poles with street light facilities being sold to the City. E. CITY ABANDONMENT OF FACILITIES: The abandonment of any Facilities on SDG&E-owned poles by the City shall terminate its rights and privileges under this document at the abandoned location. Abandonment shall be deemed to have occurred when the Facilities on SDG&E-owned poles are not used for a period of ninety (90) days following the notification of the City by SDG&E that the Facilities are not in service and that service is no longer being billed under the appropriate tariffs. Following the expiration of the ninety (90) days period, and if the City has neither formally contested the notice in writing nor removed such Facilities itself, SDG&E may remove and place in safe storage such Facilities following ten (10) working days notice. The City shall reimburse SDG&E for its actual costs for the removal and storage. III. SUBSEOUENT INSTALLATIONS A. ADDITIONAL POLE ATTACHMENT: The City agrees that no additional street lighting facilities will be attached to SDG&E-owned electric distribution poles without SDG&Es prior written approval, obtained by submitting a completed "Application for Pole Attachment" (Attachment C). City will submit such completed applications identifying specific poles to SDG&E's Lighting Services Section of Governmental 5 Marketing. Each application shall be accompanied by a non-refundable one time processing and inspection fee of $17.00 per pole for each pole specified in the application. If SDG&E determines that the City request is for attachment to a pole not owned by SDG&E, City will be responsible for obtaining permission from the third-party to attach the facilities. City will also be responsible for the payment of any fees required by the third-party for the attachment of City’s facilities. B. CITY INSTALLATION The City agrees to install its facilities in accordance with Attachment B to this contract (SDG&E Electric Standards Page 1519). The City shall provide all material from the service point which is designated as point “A“ on Attachment B. The City agrees that all work shall be performed by City personnel or its contractors with personnel operating from ladders or bucket trucks. The City agrees that it shall install and maintain its facilities at its sole risk and expense, in a safe manner, in compliance with federal, state, and local laws, rules, and regulations, and with work methods accepted in the utility industry. C. SDG&E INSTALLATION SDG&E agrees to properly install and maintain its facilities‘ to serve City-owned street lights. The City agrees to reimburse SDG&E for its costs to extend or rearrange its distribution facilities to the service point if such extension or rearrangement is necessary. D. ENERGIZING CHARGE: All service point connections to energize street lights will be performed by SDG&E. City agrees to pay energizing charge for SDG&E’s connection of City-owned street lights in accordance with Electric Rule 2, Section J, as approved by the Commission and which is made a part of this Agrement by reference. E. ENERGY BILLING: Service to street lights installed in accordance with this section, shall be as provided in Section II, Paragraph A to this contract. F. The City shall specify the service voltage required for its facilities. SDG&E agrees to make available the following voltages-120 and 240 volts single phase-as specified in its Rules for Electric Service as filed with the Commission and incorporated herein by reference. 6 IV. REARRANGEMENT. RELOCATION AND REMOVAL A. REARRANGEMENT COSTS: The City agrees to pay the reasonable costs incurred by SDG&E in rearranging SDG&E facilities on a pole when such rearrangement is initiated by the City to permit the installation of new attachments, or to maintain City's attachments, on the pole. Relocation of SDG&E facilities unrelated to City rearrangement, initiated by SDG&E or another joint user of the pole, shall be completed without cost to the City. If SDG&E determines that the installation of street light facilities proposed by the City will require rearrangement of SDG&E facilities to comply with CPUC General Order 95 or the currently published SDG&E Electric Standards, SDG&E shall require payment by the City of a non-refundable fee in the amount of $50.00 per pole to cover SDG&E engineering costs for designing the rearrangement. Upon completion of SDG&Es rearrangement, the City shall reimburse SDG&E for its actual costs for rearranging SDG&Es facilities, less the engineering fee previously paid in accordance with this paragraph. SDG&E's costs for so rearranging its facilities shall ~ include all customary charges including labor overheads and indirect charges. However, in no case shall the amount billed exceed the estimate provided by SDG&E prior to commencement of the work by ten (10) percent. The City shall authorize SDG&E to commence its rearrangement work by the issuance of a purchase order. The City shall pay SDG&E for SDG&E's engineering fee upon the presentation of SDG&E's estimate for the proposed work The City shall pay SDG&E for the rearrangement of SDG&E's facilities immediately upon completion of SDG&Es work and receipt of an invoice for SDG&E rearrangement costs. B. POLE REMOVAL OR RELOCATION: If SDG&E determines in its sole discretion it is necessary to remove or relocate an SDG&E+wned pole upon which the City maintains its facilities, it shall give the City ten (10) working days prior written notice of the removal or relocation. Upon receipt of such notice, the City shall either promptly remove its facilities from the pole at City's cost or request that SDG&E relocate or remove City's facilities to new or substitute poles as designated by SDG&E. SDG&E will relocate or transfer City's facilities at a cost of $75.00 per pole, which City shall pay to SDG&E upon receipt of an invoice therefore. In the event of an emergency, SDG&E may immediately effect such work as may be required and City shall reimburse SDG&E in the same amount as if no emergency were in effect. C. CITY REMOVAL OF FACILITIES: The City may remove its facilities at City's expense from any SDG&E-owned pole upon not less than ten (10) days prior written notice by executing a "Notice of Pole Attachment Removal" (Attachment D) requesting 7 I that SDG&E terminate service at the Service Point designated for the facilities. The requirement for advance notice shall be waived in the event of an emergency. There shall be no charge by SDG&E for the discontinuance of service to any City facilities. V. GENERAL PROVISIONS A. LICENSE: SDG&E hereby grants the City a license for attaching all Facilities acquired by the City by this Agreement to SDG&E poles as well as all subsequent pole attachments, provided, however, that City shall obtain SDG&E's approval of each new pole attachment request (Attachment B), which shall not be unreasonably denied. This license is subject to SDG&Es right, in its sole discretion, to remove or relocate its poles regardless of attachments thereon. This license given the City is specifically limited to the City. It shall not be assigned in whole or in part by the City without the prior written consent of SDG&E. SDG&E shall not unreasonably withhold consent to the assignment of this license, in whole or in part, by the City to any other governmental agency acquiring jurisdiction over any or all of the facilities covered by this Agreement. The City agrees that its use of SDG&E-owned poles will not interfere with the rights of other ~ permissive users of those poles and that this license to use SDG&E-owned poles is limited to the attachment of street light materials as specifically described in this Agreement. This license does not include any right to attach any cables, wires, or conductors on or between SDG&E-owned poles. B. FACILITIES: SDG&E and the City agree that each shall maintain its facilities at its sole risk and expense, in a safe manner, in compliance with all applicable federal, state, and local laws, rules, and regulations. Both SDG&E and the City have consented in this Agreement to use SDG&E Electric Standard Sheet 1519 (Attachment B) for new installations covered by this document and to assign their mutual responsibilities hereunder. It is further realized that technical changes to Attachment B may, from time to time, be required. Accordingly, the then current edition of SDG&E Electric Standard Sheet 1519 shall be used by both parties for new installations and to assign the responsibilities of each of the parties. Installations of SDG&E and City facilities shall be in accordance with the edition of SDG&E Electric Standards Sheet 1519 which is in effect at the time of the installation. All references in this Agreement to SDG&E Electric Standards Sheet 1519 shall be construed to be the issue which was effective at the time of the installation of the facilities in question or the thencurrent edition for future installations. 8 C. INDEMNIFICATION OF SDG&E AND CITY: 1. SDG&E indemnifies and holds harmless the City from any and all liability, claims, costs (including reasonable attorneys‘ fees), damages, and expenses resulting from the negligence or intentional misconduct of SDG&E or its employees, agents, or representatives performing any activities required, or authorized, by this Agreement. 2. City indemnifies and holds harmless SDG&E from any and all liability, claims, costs (including reasonable at€orneys’ fees), damages, and expenses resulting from the negligence or intentional misconduct of the City or its employees, agents, or representatives perfoming any activities required, or authorized, by this Agreement. D. PAYMENTS: All amounts payable under this Agreement shall be due and payable thirty (30) days after the presentation of an invoice therefore. E. FEE ADJUSTMENT: The fees and charges authorized by this Agreement, other than those covered by SDG&Es filed tariffs, may be adjusted annually by SDG&E on the fmt, day of each year by a percentage equal to the percentage change in the Consumer Wholesale Price Index. F. WAIVER: Should any party fail to enforce any specific provision of this Agreement, it shall not be deemed a general waiver or relinquishment by that party of any provision of this Agreement. G. NON-TERMINATION OF CITY OBLIGATIONS: Any termination of City’s/SDG&E’s rights and privileges hereunder shall not relieve City/SDG&E of any obligation, whether of indemnity or payment of invoices or otherwise, which has accrued prior to such termination or completion of removal of facilities owned by City/SDG&E, whichever is later, or which arises out of an event occurring prior thereto. H. AGREEMENT SUPERSEDES PRIOR AGREEMENT: This Agreement shall supersede any previous pole attachment agreement between SDG&E and City insofar as it may pertain to street lighting, and this Agreement integrates and supersedes all prior agreements, either oral or in writing, which pertain to the sale of the Facilities and their subsequent ownership and maintenance. I. PARTIAL INVALIDITY: If any provision in this Agreement is held by a court or agency of competent jurisdiction to be invalid, void, or unenforceable, the remaining 9 provisions shall nevertheless continue in full force without being impaired or invalidated in any way. J. SUBJECT TO LAW AND TARIFFS: This Agreement shall be subject to all of the provisions of the California Public Utilities Code and SDG&Es applicable rules and tariff schedules on file with and authorized by the Commission and further shall at all times be subject to such changes or modifications as the Commission may, from time to time, direct in the exercise of its jurisdiction. K. TERM OF AGREEMENT: This Agreement shall remain in force for a period of five (5) years from the Effective Date. At the completion of the original term, this Agreement shall automatically be extended for successive terms of one (1) year unless otherwise canceled by either party upon not less than twelve (12) months prior written notice given at the end of the initial or any subsequent term. IN WITNESS WHEREOF, this Agreement is executed by the City of Carlsbad, and by San ~ Diego Gas & Electric Company, by their respective authorized representatives to be effective as of the Effective Date. DATED this 16th day of FEBRUARY 1995. BY: Mayor APPROVED AS TO FORM ATTEST: City Attorney City Clerk SAN DIEGO GAS & ELECTRIC COMPANY BY: J. L. LAW Vice President Marketing and Customer Services 0, a rp I 0, a rp I 7 0 er P ul OI \ N d \ d 0 W c a n n cn d O 0 v) W 2 a a .. n 0 0 I d 0 I 0 M d h I h OI OI W I d N e W Lo 5 a z c z 3 0 O .. 2 z 0 c c( a -1 a m 2 W -1 0 Q W c a n 2 o? 3 m E 3 -1 s o? 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YI OI \ N d \ d 0 w c n c x EO wu cu 0. a> c Id (3c( MU .AI- w w we eo mw d c w w oc c m a ma m cn acr '3 d I m OI d h d m I (0 d f- + a 2 0 w c 0 0 d a oc 2 w d 0 0 m W c a n nz ma mm ax aoc d ac *3 .. 0 m wx noc a OE 0 1 0 I om d he I f-w OIN OIw wm I d N rlm m .. -ATTACHMENT A Page 5 of 16 * 0 I N Q M d 0 N -1l U I m 3 0 a 111 OI \ N d \ d 0 w c a n L t; c 8-I w C3M -I 0 -IC -a P W w we a= w c en VIM a -I n LA ;o VI WE na a 0- E 0 w ATTACHMENT A Page 6 of 16 L - ta z 7 0 e P v) OI \ N d \ d 0 Lu c a n n 2 m A 0 u m w m a " n 0 0 I d 0 I 0 d h I h oI oI W I d N LIC w m I: 3 I c 2 =3 0 u m .. 0 z 0 CI c a -1 oc rn z w d 0 0 W c a n a m E: a I oc -1 E a E m VI c W N el m W LIC e z t -1 2 m t=: - d 0 I d OI d h 0 M ATTACHMENT A Page 7 of 15 wwwwwwwwww~wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwww~wwww dd W t a n 2 0 w L t a 0 0 a- oc 2 m W d 0 P 00 dN 00 II MU NOD mu dd 00 Md -- ATTACHMENT A Page 8 of 16 0 v) WE a -not OIN QIH wv) I .. -4 oc I W am mr rl h -1 v) I OD d h L 2 3 0 u w oc 2 a m z c a UOdMdNdddd 0dd0000000 0000000000 InODQNwwomInN MOOODInInmOdN UOONhhODOLnO MNddInMUddFlNMUrn 00000d00000000 00000000000000 OInNOOInQInMMMMMM MNOhMMMQmWmDmD dMNhdUUdODInQmQQ - . . . . . - - 00000 00000 0 0 -. 000000 000000 Y Y m z 7 0 a 0 VI. d \A L 0 W c n c z a IO wu eo 0. c x4 (3W 4c W W wc ax ea v)U 4 I- W W e c v) “L Ma en B d I m OI d h d v) I OD d h a n a err a v) 4 u u v) w P 0 0 I d 0 I 0 M d h I h QI QI W I d N a W m x =I 2 .. .. L z 0 W c 8 d e 2 W 4 0 n m W 0 2 a a 2 m T 3 4 T a t m v) c W N W v) W c C a z e 4 a m t v) \ W d wm CNCN \ v) at- za n a ssoooooo00000 000000000000 00000 0000000000000000 VImmmmmVIVImmmmVI VImmmmmmmVImmVI mmmmm mmmmmmmmmmommmmm ~sssssttssTsx EssEsEExrEIx EEtLt IsIsTsEsE~tEEsts NNtuNNNNNCUtuNNN NtuNtuNtuNNNtuNN NtuNtuN NNNNNNNNNNUNNWNN ww~wwww~wwwwwwwww~wwww~wwwwwwwwwwwwwwwww~wwwwwwww r( d dd dd ddddd d d a dd 2 00 -ATTACHMENT A Page 10 of 16 In 0, \ tu d \ 4 0 w I- a n r-2 inm as OD 2 " -0 -ul UT aPL a or 0 I - 4rn 0 I om M d r-t- I r-w QIN 0,H wul I 4 N a .. dd 00 aaa 000 Inm0 tuNU aaaaaaaaaaaaaaauaaa 0000000000000000000 mmmmmmmmmmoommmmmmm NNNNNNNNtuNUUNNNN"N IEEEIEESEEZT~E~~S~E oootuooooooooooooooooooooooooooooooooooooooooooooo dd4tuMMMd4rl~dddr(drldrldddrldr(444rlddddMMdrlrlrlrlrlrlrlddMMMM ATTACHMENT A Page 11 of 16 I t 0 0 d a L E z w m w 2 n z 3 a m d E u a L 3 J .. 0 v) w CI L a a 0 0 I d 0 I 0 M d h I f-. OI OI ID I d N .. I: m v) c w N c( v) w t oc a Ly w m f z I OI d h m oc z m d v) I OD rl h 2 t d !z s U oidororooaP muooululu NOI000wOI~IDIDww0w0 OIDNNNMMMMMMMNQN nr Y m z - d 0 I U In W h 0 d ATTACHMENT A Page 12 of 16 ur VI VI 0 M w + a n 2 0 c( c a 0 0 * I m w d 0 Q W R s 2 K a m R v) 2 a K u a E: 3 d .. x w ca B a 0 0- I t d 0 I 0 M d h I h m m W I d N " m v) w N c( VI W K t K w z a I m c 2 3 0 u u a c 2 c v) CI v) d p: 0 u v) w s a .. n 0 0 I d 0 I 0 M d I- I l- OI OI W I r( N m w " m f I c I a 0 u (1 'I 0 U Q 2 0 H c a 8 d a 2 W a 0 P m W e a n a m a I a S d E m E a v) e w N U m w c a a E m 2 c d t 0 d 0 I U M (z U d 0 aaaaaaaaaaaaaaaaaa a 000000000000000000 0 00000000000000000000 dddddddddddddddMdddd WdMdMmddUdNdwddddNdd d00dd000000000000000 00000000000000000000 dUUmmmdQm0QObdMOUUVIO W m W v) c I (3 H d LL 0 a w m 3 z * * * * d c 0 c m 3 m * * X X a I ATTACHMENT A Page 13 of 16 * m * * c 0 Q w L 0 CI z w * * * X a m Ln QI \ (u d \ d 0 W c a n c 2 3 EO WU -I * w w a c; VI % a -' d I m rn d h 4 v) I OD r( h -I #n n a m a v) -I m 0 LL 0 c( 0 u v) w .. n 0 0 I d 0 I Ln M d h I I- 01 rn W I r( N .. w m I 3 z L 2 3 - 0 u s! z 0 Id c U 0 d a m z w -I 0 & m v) c W N v) U W e oc a a m z c d 5;; cc v)v) CWWW VI cc c waa 1-19 MMMMMMMMMMMMMMMMMM dMMMM 000000000000000000000000 MdMMMMMMMMMMMMMMMM~~MMMM 4MNJr(4NMdULnhO~OdNM4dNMULn 00000000000000ddd4000000 000000000000000000000000 d~~~UUd~dddr(ddd~ddU0U~~U 0LnLnLnLnr-000000000000WNhr-hh mW~WWLn(uNNNNNNNNNNNLnMLnmLnLn OUUUUhNNNNNNNNNNNNUOhhhh HNNNN~NNNNNNNNNNN~N-~~-~ U (u v) c I d LL 0 a w m r 3 2 X X X X 4 c 0 c 3 v) * * * * a m - ATTACHMENT A Page 14 of 16 X X X X c 0 a W a L 0 z W X X X X a n e;, e a M OI \ d 0 \ OI 0 W I- a n K z -3 0 w m I- z 3 ZO WU I-U ma >. .m> 'si L AI- W em w we w1 +a mcl A I- W W w I- m -J w > W W w I n d w 0 a LL 0 0 0 I d 0 I M M d r- I r- m m W I rl N .. 9 I n WWWW 0000 dddd ATTACHMENT A Page 15 of 16 oco md zo 7m OOD ocu ad Ln 0 m d \ N b' P I d \ d 0 w c a n .. -5: w n 0 0 I d 0 I 0 M d b I r- OI m * I d - N a .. z 0 w c u 0 -I oc z W -I 0 P m W c a n z oc a m f J E a a L: m v) c w v) tj W c oc w z I- d a m L v) > a+ YI m 0 OD > \. tntn -I YY vi 0 0 v) 2 I W ATTACHMENT A Page 16 of 16 VI c \ v) Z 2 m 0 0 v) n - ATTACHMENT B SCOPE: THIS STANDARD SHOWS TWO TYPES OF CUSTOMER OWNED AND INSTALLED STREET LIGHTS ON - S.D.G.& E. WOOD POLES. LE 12" MIN C~uNicA~iONs 16' MAST ARM INSTALLATION USING OPEN WIRE SECONDARY CONSTRUCTION ILL?-?-- < 6 = 12" MIN - C 0 M M U N I CAT10 N S 6' BRACKET INSTALLATION USING SELF SUPPORTING CABLE SECONDARY CONSTRUCTION BILL Of MATERIAL 9 14' 8' WIRE, COPPER, #8, 600V. FLEXIBLE POLYETHYLENE INSULATED DUPLEX 1 INSTAUATION @ POINT OF CUSTOMER'S ATTACHMENT TO BE CONNECTED BY S.D.G.&E. CREWS. @ MAINTAIN A MINIMUM OF 12" RADIALLY FROM LEAD WIRE TO SUPPORTING FIXTURES. REFERENCE: C. SEE STANDARD PAGE 1518 FOR STREET LIGHT INSTALLATION BY S.D.G.&E. l?:.:j Indicates Lotest Revision I I Cornoletelv Revised I I New Pope I 1 Information Removed I. : ., .I ,I II SDGX ELE CTRlC STANDARDS SSUE 1994 I TTACHMENT C Page 1 of 2 EXHIBIT C CUSTOMER APPLICATION FOR POLE ATTACHMENT (ON LETERHEAD) DATE San Diego Gas €2 Electric 8306 Century Park Court (CP4222A) San Diego, CA 92123-1593 ATENTION: LIGHTING SERVICES Gentlemen: In accordance with the terms of the Agreement for Operation of Street Light Facilities dated covering the use of San Diego Gas & Electric (SDG&E) poles located within the City of California, the City of utility poles listed below: , State of hereby requests permission to place and maintain street light equipment on the A sketch of the proposed installation(s) (idis not) attached. This request covers and inspection of the City’s attachments based on a unit cost of $ agreement. poles. The City has approved the payment of $ to cover the processing as specified in the aforementioned The City affirms that it will comply with the following: + + ALL TERMS OF THE AFOREMENTIONED AGREEMENT THE REQUIREMENT TO NOTIFY SDG&E UPON COMPLETION OF ITS INSTALLATION IN WRITING TO LIGHTING SERVICES AT THE ABOVE ADDRESS FOR THE CITY OF: NWITLE (TYPED) J:\DAIBER\POLE-AWP ’) .. EXHIBIT C ATTACHMENT C Page 2 of 2 CUSTOMER APPLICATION FOR POLE ATTACHMENT DATE DPSS FROM: LIGHTING SERVICES TO: PROJECT MANAGEMENT Please verify whether street light(s) can be installed on the pole(s) indicated on the attached Customer Application for Pole Attachment. If rearrangement is required, please provide a rearrangement cost estimate. LIGHTING SERVICES Ext. FROM: PROJECT MANAGEMENT TO: LIGHTING SERVICES THE FOLLOWING INFORMATION IS PROVIDED IN ACCORDANCE WITH YOUR REQUEST: I REARRANGEMENT/CONSTRUCTION REQUIRED’? 0 YES 0 NO COST ESTIMATE: OK TO ISSUE STREET LIGHT ORDER ENGINEERING FEE WORK ORDER NUMBER OF POLES RIGHT OF WAY REQUIRED’? 0 YES 0 NO COORDINATION REQUIRED WITH OTHER UTILITIES? 0 YES 0 NO TELCO 0 YES 0 NO CATV 0 YES 0 NO POLE OWNED BY OTHERS? 0 YES 0 NO J:U)AIBERWOLE-ATTDATA PROJECT MANAGEMENT EXT. + ?i TTACHMENT D ITEM 1 2 EXHIBIT D CUSTOMER APPLICATION FOR POLE ATTACHMENT REMOVAL LOCATION POLE # ti (ON LElTERHEAD) DATE San Diego Gas & Electric 8306 Century Park Court (CP4222A) San Diego, CA 92123-1593 ATTENTION: LIGHTING SERVICES Gentlemen: In accordance with the terms of the Agreement for Operation of Street Light Facilities dated the use of San Diego Gas & Electric (SDG&E) pole located within the City of , State of California, the City of below: covering hereby notifies you that it plans to remove its street light equipment from the utility pole listed i Please de-energize the street lights and stop the monthly billing on FOR THE CITY OF: NAME/TITLE (TYPED) Worked by