HomeMy WebLinkAboutAGENDA REPORT 2025 0903 CC REG ITEM 10ICITY OF MOORPARK, CALIFORNIA
City Council Meeting
of September 3, 2025
ACTION APPROVED STAFF
RECOMMENDATION.
BY A. Hurtado.
I. Consider Attachment Agreement with Southern California Gas Company to Attach
Advanced Meter Facilities to City-Owned Streetlights, and Making a Determination
of Exemption Pursuant to the California Environmental Quality Act in Connection
Therewith. Staff Recommendation: Authorize the City Manager to execute an
Attachment Agreement with the Southern California Gas Company, subject to final
language approval of the City Manager and City Attorney. (Staff: Brian Chong,
Assistant to the City Manager)
Item: 10.I.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Brian Chong, Assistant to the City Manager
DATE: 09/03/2025 Regular Meeting
SUBJECT: Consider Attachment Agreement with Southern California Gas
Company to Attach Advanced Meter Facilities to City-Owned
Streetlights, and Making a Determination of Exemption Pursuant to
the California Environmental Quality Act in Connection Therewith
BACKGROUND
On July 26, 2017, the City Council approved the purchase of 2,229 streetlights within
the City limits from Southern California Edison, with approval by the California Public
Utilities Commission giving final approval of the transaction in 2018. At the time, the
Southern California Gas Company (SoCalGas) had installed six Advanced Meter
Facilities (AMFs; small telecommunications devices that receive data from individual
meters for billing purposes) on SCE-owned streetlights.
In June 2024, a vehicle collided with and knocked over a Tierra Rejada Road streetlight
that contained one of the SoCalGas AMFs. SoCalGas subsequently requested to install
a replacement AMF on a different, nearby streetlight that was less susceptible to future
vehicle collisions. As part of this request, it is recommended that the City and
SoCalGas enter into a formal Attachment Agreement to cover the five existing AMFs
and one replacement AMF.
DISCUSSION
The proposed Attachment Agreement would authorize SoCalGas to place AMFs on six
City-owned streetlights shown below. The relocated AMF, on Tierra Rejada Road west
of Sunset Valley Road, is identified as M0303. The other five AMF locations already
exist and predate the City’s ownership of the streetlights.
Item: 10.I.
106
Honorable City Council
09/03/2025 Regular Meeting
Page 2
The Attachment Agreement has a 20-year term, after which an extension would be
required. Pursuant to the Agreement, SoCalGas will pay to the City a one-time fee of
$1,013.60 for each of the six installation sites to cover the City’s administrative and
electricity costs for the term of the Agreement. Additionally, SoCalGas will pay for any
standard permit costs for installation and maintenance activities. SoCalGas also
assumes all costs and liabilities associated with their AMFs.
ENVIRONMENTAL DETERMINATION
The Community Development Director has reviewed this project and found it to be
Categorically Exempt in accordance with Section 15301 (Class 1: Existing Facilities) of
the CEQA Guidelines because the proposed project consists solely of an Attachment
Agreement that authorizes placement of Advanced Meter Facilities on existing City-
owned streetlights. Therefore, staff has determined that there is no substantial
evidence that the project would have a significant effect on the environment.
FISCAL IMPACT
The project will have a negligible fiscal impact on the City. The Advanced Meter
Facilities will increase the City’s electricity expenditures by a negligible amount, and
SoCalGas is prepaying the City for these estimated costs pursuant to the proposed
Attachment Agreement.
COUNCIL GOAL COMPLIANCE
This action does not support a current strategic directive.
107
Honorable City Council
09/03/2025 Regular Meeting
Page 3
STAFF RECOMMENDATION
Authorize the City Manager to execute an Attachment Agreement with the Southern
California Gas Company, subject to final language approval of the City Manager and
City Attorney.
Attachment: Southern California Gas Company Attachment Agreement
108
1
ATTACHMENT AGREEMENT
BY AND BETWEEN
CITY OF MOORPARK, CALIFORNIA
AND
SOUTHERN CALIFORNIA GAS COMPANY
This Attachment Agreement (“Agreement”) is entered into this ____ day of __________, 2025,
for reference purposes only, by and between the City of Moorpark, a California municipal
corporation, (“City”) and Southern California Gas Company, a California corporation ("Gas
Company"). Hereinafter the term “Parties” shall refer collectively to all the foregoing named
Parties.
R E C I T A L S
WHEREAS, Gas Company is an investor-owned public utility regulated by the California Public
Utilities Commission (“CPUC”) that provides gas utility services to residents of City.
WHEREAS, on August 15, 1984, City granted to Gas Company a franchise to use and lay pipes
and appurtenances necessary and convenient for the operation of a gas utility under, along, across
or upon public streets, ways, alleys and places (collectively, “Rights-of-Way”) in the City for
transporting and distributing gas (the “Franchise”).
WHEREAS, Gas Company has been authorized by the California Public Utilities Commission to
implement its Advanced Meter Program, which consists of, among other things, the installation of
advanced meter equipment, network communications devices, including but not limited to data
collector units (“DCUs”), antennas, gas repeaters and/or radio frequency local area network range
extenders, and other advanced meter facilities, in connection with and necessary for Gas
Company’s operation, transmission and distribution of gas in the City (“Advanced Meter
Facilities”).
WHEREAS, the installation of Advanced Meter Facilities requires the use of existing or new
infrastructure, such as poles, towers, streetlights or buildings of sufficient height and at appropriate
locations in order to be effective.
WHEREAS, City desires to allow Gas Company to install its Advanced Meter Facilities, which
are further described herein, within property owned by City identified on “Exhibit A” and
incorporated herein by this reference (“Installation Sites”).
WHEREAS, City and Gas Company have agreed to enter into this Agreement regarding Gas
Company’s use and attachment of Advanced Meter Facilities at the Installation Sites upon the
terms, conditions and other considerations set forth herein.
ATTACHMENT
109
2
A G R E E M E N T
NOW THEREFORE, in consideration thereof and for other valuable consideration as set forth
herein below the Parties do mutually agree as follows:
1. Effective Date. This Agreement shall become effective as of the date of its
execution by the Parties (“Effective Date”).
2. Term and Termination. This Agreement shall expire on the 20th anniversary of
the Effective Date, unless sooner terminated as provided herein. Either party may
terminate this Agreement for cause following the defaulting party’s failure to cure
a default within thirty (30) days of service of a notice of default and demand to
cure, or if such default is not reasonably susceptible of cure within said thirty (30)
day period, the defaulting party’s failure to commence such cure within said thirty
(30) day period and continue to diligently prosecute said cure to completion.
3. Authorization. Subject to the terms and conditions contained herein, City hereby
authorizes and grants Gas Company a license to install Advanced Meter Facilities
upon Installation Sites and to operate, use, maintain, repair, replace, improve, alter,
inspect, test and remove such Advanced Meter Facilities on the terms and
conditions set forth herein. Specific plans and specifications for each Advanced
Meter Facility must first be reviewed and approved in writing by City’s City
Engineer. Thereafter, no material deviation from such plans and specifications, and
no visible alteration of any Advanced Meter Facility is permitted without City’s
prior, written consent, which shall not be unreasonably withheld, conditioned or
delayed. For purposes of this provision, the City shall not be deemed to have
unreasonably withheld, conditioned or delayed consent by disapproving a plan
deviation that would materially affect the safety, aesthetics or location of the
Advanced Meter Facilities, by imposing conditions required to maintain that safety,
aesthetics or same approximate location, and by taking that action within ten (10)
working days of submittal. Notwithstanding the foregoing, changes in locations of
any Advanced Meter Facility may be approved administratively by the City
Manager or their designee. No other interest but a license subject to revocation as
provided herein, is granted to Gas Company by this Agreement.
4. Scope of Agreement. This Agreement authorizes Gas Company to attach the
Advanced Meter Facilities in the general locations identified on Exhibit “A”
attached hereto, in accordance with the approved plans and specifications, and to
undertake all activities related to the installation, maintenance, operation, use,
repair, replacement, improvement, alteration, inspection, testing and removal of the
Advanced Meter Facilities. Gas Company shall not permit any additional
attachments by any third party to any Advanced Mater Facility, without City’s
prior, written consent.
Nothing contained in this Agreement shall be deemed or construed to create the
relationship of principal and agent or of partnership or of joint-venture or of any
association whatsoever between City and Gas Company, it being expressly
understood and agreed that neither the computation of fees nor any other provisions
110
3
contained in this Agreement nor any act or acts of the Parties shall be deemed to
create any relationship between City and Gas Company other than the relationship
of City and Gas Company as franchisor and franchisee, respectively.
Gas Company hereby acknowledges, agrees and covenants that this Agreement
does not authorize or bestow any rights to Gas Company to provide any services
not already expressly authorized by the Franchise, including without limitation
cable television service or commercial telecommunications services.
5. Compensation. Gas Company shall pay to City a one-time fee of $780 ($39 x 20
years) per Installation Site. The fee shall be due within thirty (30) days after the
Effective Date.
6. Electrical Consumption Charge. Gas Company shall pay City a one-time fee of
$233.60 ($11.68 x 20 years) per location as compensation for electricity usage by
Gas Company’s Advanced Meter Facilities. The fee shall be due within thirty (30)
days after the Effective Date.
7. Authority to Allow Attachments. City hereby represents and warrants to Gas
Company that it has all rights necessary to allow for the installation of the
Advanced Meter Facilities at the Installation Sites.
8. Workmanship and Responsibility of Gas Company. All of Gas Company's
construction and installation work shall be performed at Gas Company's sole cost
and expense and in a good and workmanlike manner and in accordance with the
rules and regulations of the CPUC and in compliance with all applicable
ordinances, regulations or laws (to the extent preempted by the jurisdiction of the
CPUC). Gas Company shall obtain all required permits prior to commencing any
installation activities including encroachment permits and construction related
permits, as applicable. Following installation of each Advanced Meter Facility, Gas
Company shall maintain each such Facility in good repair, working order, and
condition, and shall ensure that each Facility is operated in a safe condition, secure,
and compliant manner in accordance with all applicable laws, regulations, and
industry standards.
Gas Company shall remove all of the Advanced Meter Facilities at its sole expense
within one hundred eighty (180) days after the termination of this Agreement,
unless an agreement is otherwise reached between City and Gas Company. City
may, but is not required to, allow Gas Company to abandon the Advanced Meter
Facilities in place. Gas Company shall restore each Advanced Meter Facility site to
as near to its original condition as is reasonably possible, reasonable wear and tear
excepted. Gas Company shall bear full cost responsibility for repairs to any damage
to the Rights-of-Way or Installation Sites caused by Gas Company’s or its
employees’, contractors’, subcontractors’ or agents’ installation, construction,
maintenance, repair, operation and removal of the Advanced Meter Facilities.
9. Gas Company to Bear All Costs. Gas Company, or any successor or authorized
assign, shall bear all costs incurred in connection with Gas Company’s or its
111
4
employees’, contractors’, subcontractors’ or agents’ planning, design, installation,
construction, maintenance, repair, operation and removal of the Advanced Meter
Facilities. City shall not be responsible or bear any cost related to the Advanced
Meter Facilities or any other improvements or works approximate to the Advanced
Meter Facilities and City shall have no responsibility for costs to replace or repair
any Advanced Meter Facility damaged, destroyed, or stolen by any third party,
except to the extent such costs result from active negligence or willful misconduct
of the City, its officers, agents, employees, contractors or subcontractors.
10. Interference. Gas Company installation and use of the Advanced Meter Facilities
under this Agreement shall not damage or interfere in any way with City’s
operations. City reserves the right to take any action it deems necessary, in its sole
discretion, to repair, maintain, alter, or improve the Installation Sites, which may
temporarily or permanently interfere with the Advanced Meter Facilities. City
agrees to give 30-day advance notice of such interference to Gas Company and to
reasonably cooperate with Gas Company to carry out such activities with a
minimum amount of interference with the Gas Company’s operations, and in the
case of permanent interference, to provide an alternate Installation Site reasonably
acceptable to Gas Company. Notwithstanding the foregoing, in the case of an
emergency City shall take any and all actions it determines necessary to respond to
such emergency, and shall thereafter give notice to Gas Company of such actions.
11. Indemnification of City. Gas Company shall defend, indemnify and hold harmless
City and its council members, officers, agents and employees against all claims,
losses, damages, costs, expenses, liabilities, causes of action, liens, stop notices, fines
and/or penalties, including but not limited to reasonable attorney’s fees (collectively,
“Claims”), incurred by City arising or alleged to have arisen from the Advanced Meter
Facilities, including installation, maintenance, repair, removal and restoration by Gas
Company, its employees, contractors, or agents, except to the extent such Claim(s)
arise from the sole negligence or willful misconduct of City, its officers, agents, or
employees, and that Gas Company’s indemnification obligations shall include
punitive, consequential, or special damages only if and to the extent such damages are
asserted by a third party against the City as part of a Claim for which Gas Company
is otherwise obligated to indemnify the City under this paragraph.
12. Governing Law; Jurisdiction. This Agreement shall be governed and construed
by and in accordance with the laws of the State of California without regard for
rules governing conflicts of laws. Nothing in this section shall be interpreted to
preclude either Party’s right to seek redress from the CPUC. Venue for any legal
action arising out of this Agreement shall be the County of Ventura.
13. Amendment of Agreement. This Agreement may not be amended except pursuant
to a written instrument signed by both Parties.
14. Notices. All notices, demands, requests, consents or other communications that this
Agreement contemplates or authorizes, or requires or permits either Party to give
to the other, shall be in writing and shall be personally delivered or mailed or sent
by reputable overnight courier, such as FedEx, to the respective Party as follows:
112
5
TO CITY:
City of Moorpark
Attn: City Manager
323 Science Drive
Moorpark, CA 93021
TO THE GAS COMPANY:
Southern California Gas Company
1801 S. Atlantic Blvd.
Monterey Park, CA 91754
Attn: Chris Stille
Manager, Advanced Meter Ops & Network Management
Tel: (626) 361-0072
Either Party may change its address by notice to the other Party as provided herein.
Communications shall be deemed to have been given and received on the first to
occur of (i) actual receipt at the offices of the Party to whom the communication is
to be sent, as designated above, or (ii) three working days following the deposit in
the United States Mail of registered or certified mail, postage prepaid, return receipt
requested, or with reputable overnight courier, such as FedEx, addressed to the
offices of the Party to whom the communication is to be sent, as designated above.
15. Other Regulations. All Gas Company’s use of the Rights-of-Way and Installation
Sites under this Agreement shall be in accordance with the laws of the United States
of America, the State of California and in accordance with all applicable rules and
regulations and ordinances of City now in force, or hereinafter prescribed or
promulgated by City State or Federal law (to the extent that the same are not
preempted by the jurisdiction of the CPUC).
16. Powers to Enter into Agreement. The individuals executing this Agreement
represent and warrant that they have the right, power, legal capacity and authority
to enter into and to execute this Agreement on behalf of the respective legal entities
of Gas Company and City.
17. Assignment or Transfer of Authorization. This Agreement may be assigned or
transferred to any qualified person or entity subject to the prior written approval of
City, which shall not be unreasonably withheld, conditioned or delayed.
Notwithstanding the foregoing, City’s prior written consent shall not be required
for any of the following: (a) the transfer of any shares or stock in or change in
control of Gas Company’s parent company, or (b) any merger, consolidation or
reorganization involving Gas Company or transfer of all or substantially all of the
stock or shares in Gas Company or assets of Gas Company.
113
6
18. Entire Agreement; Successors and Assigns. This Agreement contains the entire
understanding between the Parties with respect to the subject matter herein. There
are no representations, agreements, or understandings, whether oral or written,
between or among the parties relating to the subject matter of this Agreement which
are not fully expressed herein. Each Party has relied on advice from its own
attorneys, and the warranties, representations, and covenants of this Agreement
itself. This Agreement shall inure to the benefit of and be binding upon the Parties
and their respective successors and assigns.
IN WITNESS WHEREOF the Parties for themselves, their heirs, executors, administrators,
successors, and assigns do hereby agree to the full performance of the covenants herein contained
and have caused this Agreement to be executed by setting hereunto their signatures on the day and
year respectively written herein below.
CITY OF MOORPARK
DATE: By:
Name: _PJ Gagajena_________________________
Its: ____City Manager_______________________
APPROVED AS TO FORM:
By:
Kevin Ennis, City Attorney
SOUTHERN CALIFORNIA GAS COMPANY
DATE: By:
Chris Stille
Manager, Advanced Meter Operations &
Network Management
114
7
Exhibit “A”
City of Moorpark Street Light Attachment Sites
SoCalGas
Site ID#
Pole ID# Latitude Longitude Location Address
NI089-B M0133 34.28954166 -118.8579444 On Princeton Ave.; East of 14401 Princeton Ave.
NI093-B M0013 34.26608611 -118.89375 On Mountain Meadow Dr.; West of 12108 River
Grove Ct.
NI088-C M1623 34.303164 -118.836382 On Collins Dr, east of 7150 1/2 Collins Dr (utility Box)
NI087-F M0303 34.26371388 -118.8564778 On Tierra Rejada Rd., east of 3960 Hopi Ct.
NI038-D M0436 34.303387 -118.907405 On Championship Drive; North of and across from 11290
Watson Drive.
NIx095-D M1301 34.261358 -118.870532 On Ransom Rd., NE of 13805 Ransom Rd.
115