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Home My WebLink About4.5 Amendment No. 2 to the Streetlight License Agreement with Pacific Gas and Electric CompanySTAFF REPORT CITY COUNCIL Page 1 of 2 Agenda Item 4.5 DATE:November 16, 2021 TO:Honorable Mayor and City Councilmembers FROM:Linda Smith, City Manager SUBJECT:Amendment No. 2 to the Streetlight License Agreement with Pacific Gas and Electric CompanyPrepared by:Kan Xu,Senior Civil Engineer EXECUTIVE SUMMARY:The City Council will consider approving an amendment to the Streetlight License Agreement between the City of Dublin and Pacific Gas and Electric Company for the SmartMeter Program to add two meters and relocate one existing meter to City-owned streetlight poles. STAFF RECOMMENDATION:Adopt the Resolution Approving Amendment No. 2 to the Streetlight License Agreement Between the City of Dublin and Pacific Gas and Electric Company for the SmartMeter Program. FINANCIAL IMPACT:All Staff time and costs to prepare the agreement are borne by Pacific Gas and Electric Company (PG&E) through the encroachment permit process. If the amendment is approved, PG&E will attach its SmartMeter equipment to two new streetlight poles and provide the City a one-time payment of $1,560 ($780 per streetlight pole) for the two new locations. PG&E will also relocate one existing SmartMeter to a new location, for which there is no compensation to the City. DESCRIPTION:On February 3, 2009, the City Council approved by Resolution No. 18-09 a Streetlight License Agreement (Attachment 3) that allowed Pacific Gas and Electric Company (PG&E) to lease six City-owned streetlight poles for the purpose of installing equipment for the PG&E SmartMeter system. The system enables PG&E to read meters with greater accuracy and customers to monitor usage online. The agreement term was for 20 years, with one-year extensions thereafter until terminated by PG&E and/or the City. On July 21, 2009, the City Council approved by Resolution No. 106-09 an amendment to the agreement (Attachment 4), which authorized installation of meters at three additional locations. 111 Page 2 of 2 PG&E is now requesting to lease two more City-owned streetlight poles to install SmartMeter system equipment and relocate one existing meter to a different City-owned streetlight pole. These additional locations will allow PG&E to provide the SmartMeter metering system in areas not within range of the other eight locations. PG&E is proposing to install the new equipment to streetlight poles located at 10137 Lilly Pad Lake Court and Schaefer Heights Drive, and to relocate the equipment at 5964 Persimmon Drive to another streetlight pole at 5120 Persimmon Drive. STRATEGIC PLAN INITIATIVE:None. NOTICING REQUIREMENTS/PUBLIC OUTREACH:The City Council Agenda was posted. ATTACHMENTS:1) Resolution Approving Amendment No. 2 to the Streetlight License Agreement with Pacific Gas and Electric Company for the SmartMeter Program2) Exhibit A to the Resolution - Amendment No. 2 to the Streetlight License Agreement Between the City of Dublin and Pacific Gas and Electric Company for the SmartMeter Program3) Original Streetlight License Agreement4) Amendment No. 1 to the Streetlight License Agreement 112 Attachment 1 Reso. No. XX-21, Item X.X, Adopted XX/XX/21 Page 1 of 1 RESOLUTION NO. XX – 21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT NO. 2 TO THE STREETLIGHT LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND PACIFIC GAS AND ELECTRIC COMPANY FOR THE SMARTMETER PROGRAM WHEREAS,the City of Dublin and Pacific Gas and Electric Company (“PG&E”) entered into a Streetlight License Agreement (“Agreement”) dated March 17, 2009, whereby the City granted PG&E a non-exclusive, revocable license for the attachment of SmartMeter equipment to City-owned streetlight poles, subject to the terms and conditions set forth in the Agreement; and WHEREAS,the City and PG&E entered into Amendment No. 1 to the Agreement dated July 8, 2009, for the attachment of communication equipment used for the operation and maintenance of PG&E’s SmartMeter network to three additional City-owned streetlight poles; and WHEREAS,PG&E desires to further amend the Agreement for the attachment of SmartMeter equipment to two additional City-owned streetlight poles and relocation of existing equipment at another City-owned streetlight pole to a different City-owned pole. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve Amendment No. 2 to the Streetlight License Agreement between the City of Dublin and Pacific Gas and Electric Company for the SmartMeter Program attached hereto as Exhibit A to this Resolution. BE IT FURTHER RESOLVED that the City Manager is authorized to execute the amendment and make any necessary, non-substantive changes to carry out the intent of this Resolution. PASSED, APPROVED AND ADOPTED this 16th day of November, 2021, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________________ ATTEST:Mayor ____________________________________ City Clerk 113 Attachment 2 Page 1 of 2 EXHIBIT “A” OF RESOLUTION NO. XX – 21 AMENDMENT NO. 2 TO THE STREETLIGHT LICENSE AGREEMENT BETWEEN THE CITY OF DUBLIN AND PACIFIC GAS AND ELECTRIC COMPANY FOR THE SMARTMETER PROGRAM WHEREAS, the City of Dublin (“City”) and Pacific Gas and Electric Company (“PG&E”) entered into a Streetlight License Agreement (“Agreement”) dated March 17, 2009, whereby the City granted PG&E a non-exclusive, revocable license for the attachment of SmartMeter Equipment to City owned streetlight poles, subject to the terms and conditions set forth in the Agreement; and WHEREAS, the City and PG&E entered into Amendment No. 1 to the Agreement dated July 8, 2009, for the attachment of communication equipment used for the operation and maintenance of PG&E’s SmartMeter network to three (3) additional City owned streetlight poles; and WHEREAS, PG&E desires to further amend the Agreement for the attachment of communication equipment used for the operation and maintenance of PG&E’s SmartMeter network to two (2) additional City owned streetlight poles and relocate one (1) to a different City owned streetlight pole. NOW, THEREFORE, the parties hereto agree as follows: Section 1. Additional Location It is understood and agreed that the amended Exhibit “A” of the Agreement, attached hereto, shall permit placement of SmartMeter communication equipment on two (2) additional City owned streetlight poles located at 10137 Lilly Pad Lake Court, and Schaefer Heights Drive and relocate one (1) from 5964 Persimmon Drive to City owned streetlight pole located at 5120 Persimmon Drive. Section 2. Terms of Agreements All other terms and conditions of the Agreement entered into on March 17, 2009, and Amendment No. 1 to Exhibit “A” of the Agreement entered into on July 8, 2009, shall remain in effect for the life of this Agreement. 114 Attachment 2 Page 2 of 2 CITY OF DUBLIN PACIFIC GAS AND ELECTRIC _________________________ _________________________ Mayor PG&E Representative _________________________ City Manager ATTEST: _________________________ Date:_________________________ CITY CLERK 115 PART 1 REQUEST FOR ACCESS PART 2 AUTHORIZATION EXHIBIT A STREETLIGHT LICENSE AGREEMENT To City of Dublin Date: July 2, 2021 Kan Xu, Senior Civil Engineer Agreement: XXDC-00-0064 100 Civic Plaza Dublin, CA 94568 In accordance with that certain Streetlight License Agreement between the City of Dublin (“City”) and PG&E dated March 17, 2009 (the “Agreement”) we hereby request permission to place, relocate, or update data associated with the attachments on the City streetlights designated below. 1.Location of all streetlight attachments: NLC # Street Device Type NLC # Street Device Type 13072 5120 PERSIMMON DR DCU 13074 SUGAR HILL DR X/O KINGSMILL TERRACE DCU 13075 TASSAJARA RD X/O S DUBLIN RANCH RD DCU 13076 END OF ROCKING HORSE CT DCU 13077 SILVERA RANCH RD X/O BRANDING IRON DCU 13113 10846 INSPRIATION CIR DCU 13116 DOUGHTERY RD X/O WILLOW CREEK DR DCU 17300 4918 REDWOOD AVE DCU 17301 DOUGHERTY RD DCU 33149 10137 LILLY PAD LAKE COURT DCU 33150 SCHAEFER HEIGHTS DR DCU As locations are removed, available slots that have already been paid can be utilized for future installations with an updated Exhibit A. Current available slots are 0. 2.Schematic drawing of the attachments to be contracted under this permit are attached. Location of each streetlight shown as a pin by NLC on the map attached. Individual additions, relocations, removals outlined in Specific Modifications section. Permittee: Pacific Gas and Electric Company Department: SmartMeter Operations Authorizing Name: Richard Zabala Phone: (877) 709-7662 Subject to the terms and conditions of the Agreement, you are hereby authorized to install the attachments described in this Exhibit. City of Dublin: BY: Execution Date: Attachment 4 116 Exhibit A - PG&E SmartMeter DCU Equipment Schematic 117 Exhibit A - PG&E SmartMeter AP & Relay Equipment Schematic 118 Exhibit A - PG&E SmartMeter Equipment Specific Modifications NLC # Street City Latitude Longitude Device Type Ownership Power & Mounting Action 13072 5120 Persimmon Dr. Dublin 37.709851 -121.880201 DCU City of Dublin Streetlight Relocation 33149 10137 Lilly Pad Lake Court Dublin 37.702861 -121.970645 DCU City of Dublin Streetlight Addition 33150 Schaefer Heights Drive Dublin 37.705338 -121.981671 DCU City of Dublin Streetlight Addition 119 Exhibit A – Map of PG&E SmartMeter Equipment on City of Dublin Streetlights 120 I • STREETLIGHT LICENSE AGREEMENT THIS-AGREEMENT_is made and enteted_ into on .3F15:/ 0�. by and between the CITY OF DUBLIN, a -[charter city and] municipal corporation, ("GITY1' _ herein) and· PACIRC GAS AND ELECTRIC COMPAN_Y, a California_ corporation ('"PG&E" herein). each being referr�d to individually �s a "Party"_·and coliectively as the ."Parties. n RECITA.LS WHEREAS, C_ITY owns, .operates and maintains certain s1reetlight facilities _ located in the geographic areas within the political juris diction of CllY; and. WHEREAS, · PG&E desires to enter. into an · Agreement for ·the.· attachment. of· communication equipment used for the operation and maintenance of PG&Fs SmartMeter network, to CITY's existing streetlight poles; a�d WHEREAS,· -PG&E's SniartMeter �quipment ·consists .. _ of t�lecommunications equipmentjncludirig, but not limited. to, a Data Collector Unit, two whip antennas, coaxial cable and photovoltafo adaptor (''SmartMeter Equipmene); and· WHEREAS, ·it is understood and agreed -that this Agreement will permit the placement. of the SmartMeter communication equipment on certain of CITY's existi_ng streetlight poles;. and WHEREAS, CITY ls w\lling to. grant PG&E a -n.on�exclusive, revocable license for the attachment of the SmartMeter Equipment to CITY streetlight poles, subject to the terms and conditions set forth in this-License Agreement . NOW, -THEREFORE,. incorporating _the foregoing recitals herein, the Parties agree as follows: · ·1., EFFECTIVE.TERM OF AGREEMENT. This Agreement shatl be . and remain in effect for a period of "tw�nty (20} years·from�the date·ot execution� _ _._ ._ · 1.1-This agreement shall extend thereafter for_ succ�ssive terms of-one year each., unless otherwise terminated by either.party on not less than six (6) months advance written. notice. to . the other pa_rty prior to the· date ·when--such termination shall become effective. 2.-. STREETLIGHT LICENSE. · CITY does .hereby confer on· PG&E a non.:.exclusive, revocable license to attachl .replace, ope(ate, ma_intain, and use SmartMeter Equipment to certain photocells, support arms and s_treetlightpo!e.(s) Pa0e 1 of 8. . . C SmartMeter Streetlight Li�nse (3) (2) Attachment 3 121 122 123 124 125 126 127 128 129 130 131 EXIDBIT "A" OF RESOLUTION NO.l°'1 -09 AMENDMENT TO AGREEMENT BETWEEN THE CITY OF DUBLIN AND PACIFIC GAS AND ELECTRIC FOR THE SMARTMETER PROGRAM WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Pacific Gas and Electric (PG&E) entered into an agreement dated February 3, 2009, where the CITY granted PG&E anon-exclusive, revocable license for the attachment of the SmartMeter Equipment to CITY streetlightpoles, subject to the terms and conditions set forth in the Streetlight License Agreement; andWHEREAS, PG&E wishes to amend Exhibit "A" of the Agreement for the attachment of communication equipment used for the operation and maintenance of PG&E' s SmartMeter network, tothree (3) additional CITY owned streetlight poles;NOW, THEREFORE, the parties hereto agree as follows:Section I. Additional LocationIt is understood and agreed that the amended Exhibit "A" of the Agreement, attached hereto, shall pennit placement of SmartMeter communication equipment on three (3) additional certainCITY -owned existing streetlight poles at 10846 Inspiration Circle, 4918 Redwood A venue, DoughertyRoad.Section 2. Terms of AgreementsAll other terms and conditions of the Agreement entered into on February 3, 2009, shallremain in effect for the life of this Agreement.CITY OF DUBLINTim Sbranti, Mayor\-� P.i.o·,, Jpni Pattillo, City Manager......... ...· ATTEST:CITY CLERK PACIFIC GAS AND ELECTRICw (;_ .!\';? P&E Representative Y Date:_,_,_�_{ _o9 ___ _ C:\Documents and Settings\nicolew\Local Settings\Temporary Internet Ftles\OLK24\Amendment Reso PGE SmartMeter Agreement_AMENDMENT.doc Attachment 4 132 133 134 135 136