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Home My WebLink AboutAGENDA REPORT 2000 0405 CC REG ITEM 11NTO: FROM: DATE: MOORPARK C AGENDA Honorable City Council ITEM II N. Steven Kueny, City Manager March 31, 2000 (CC Meeting 4/05/00) SUBJECT: Consider Approval of License Agreement with Southern California Edison Company for Placement of Signs and Banners on Ornamental Street Light Standards The Moorpark Chamber of Commerce has approached the City and Southern California Edison (SCE) to install banners commemorating Moorpark's centennial. The centennial is based upon the establishment of the post office. SCE has requested that the City enter into a License Agreement before allowing installation of the banners. SCE indicates that it requires cities and counties to have a License Agreement in place prior to the placement of non - electrified traffic regulating signs and similar signs on SCE owned concrete and steel ornamental street light standards (street light standards) . SCE also indicates that it would allow banners and similar items such as those requested by the Chamber of Commerce only if the City has a License Agreement in place and such banners are placed under the City's authority as permitted by the License Agreement. Rudy Gonzales, SCE Area Manager informed staff that in the past he and other SCE Area Managers approved placement of banners on street light standards but such action was not consistent with SCE policy. SCE is requesting that the City approve and sign a License Agreement to not only allow placement of the requested banners but to legitimize signs already placed by the City on street light standards and to authorize future sign and banner placement. A draft License Agreement prepared by SCE is attached. SCE is agreeable to modifications on the language including a less cumbersome process than what's contained in paragraph 3. Honorable City Council March 30, 2000 Page 2 STAFF RRnnMMENDAT.T-,ON Approve License Agreement with Southern California Edison subject to final language approval by City Manager and City Attorney. Attachment cc: Rudy Gonzales w/o attachment Chamber of Commerce w/o attachment LICENSE AGREEMENT THIS AGREEMENT, made and entered. into this 10th day of January, 2000, by and between Southern California Edison Company, a corporation, hereinafter called ' .'Company" and the City of Moorpark, 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 overhead and 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 apprcved non - electrified traffic regulating devices, American flag attachments, Neighborhood Watch sign attachments, and banner attachments and appurtenances on said street 1 000236 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: 1. 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 18 square feet at any one time. 2. Except as otherwise herein provided, the use 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 lights 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 2 000236 application under this Agreement. City or City's authorized agent shall commence and complete all approved attachments as promptly as possible. 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 workman -like 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 of 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 cawed by the installation, placement, use, presence, operation, maintenance, and /or removal of said attachments and appurtenances on said street light standards, as herein provided. U/ /// 00023 V 3 8. 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 i effect. 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. 11. The Agreement is given pursuant to the authority of and upon and subject to the conditions prescribed by CPUC General Order No. 69 -C dated and effective July 10, 1985, which by this reference is incorporated herein and made a part hereof, marked Exhibit "A7. 4 000236 cola ij o E wis A 3 a 1 1 l n i�