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Home My WebLink About04/04/1989, C-4 - AGREEMENT (CONSENT TO COMMON USE) WITH PACIFIC GAS AND ELECTRIC COMPANY FOR STREET IMPROVEMENTS WIT MEETING DATE �II� ��IY��II�II=III City of San WIS OBISPO April 4, 19,39 COUNCIL AGENDA REPORT 11E "NuWy FROM: ,�/;" David F. Romero !4- f',�L Wayne A. Prepared by: Gerald W. Kenny Public Works Director City Engineer Supervising Civil Engineer SUBJECT: Agreement (Consent to Common Use) with Pacific Gas and Electric Company For Street Improvements Within PG&E's Right-of-Way (Margarita Ave; East of Higuera Street). RECOMMENDATION: Adopt Resolution Approving Agreement and Authorize the Mayor to Execute the Agreement. DISCUSSION: Plans were processed recently for a project at 3251 South Higuera Street, which included a Planning Commission requirement fora "drive-through" crossing the median island in Margarita Avenue between Higuera Street and Alicita Court. This would allow cars exiting the proposed commercial development to cross the median and go directly back to Higuera Street irstead of entering the residential neighborhood easterly on Margarita to use the present median break at Alicita Court. The proposed "drive-through" lies within PG&E's right-of-way, which runs down the center of Margarita Avenue. PG&E owns "prior - rights", since they were there first. PG&E has processed the attached "Consent to Common Use" between PG&E and the City. The developer of 3251 S. Higuera Street has paid fees to PG&E to complete the process. The agreement provides for adjustment of the drive-through location as noted on the sketch, in case the proposed project is revised. The terms and conditions are described in Exhibit A. Item #4 requires reimbursement to PG&E for any damage to their facilities resulting from the use of the area within the right-of-way. This would be the responsibility of the developer until acceptance of the work by the city. This is not considered to be a concern after initial construction. The developer would be required to indemnify the city during construction from all claims pursuant to the agreement. ALTERNATIVES: Option 1 : Adopt resolution approving agreement. The primary advantage would be that when a project is constructed Commercial traffic will not need to enter the residential area tc., turn around do reach South Higuera Street. Option 2: Deny approval of the agreement if the: Council doesn't want to see another break in the existing median and feels that commercial traffic turning around at Alicito COLrt is not a problem. ��ia►tH�IVIIIII�IIP° � �p city of san tuts osispo COUNCIL AGENDA REPORT PG&E Agreement Meeting of April 4, 1989 Page Two. FISCAL IMPACT: None. Any damage incurred during construction is the responsibility of the contractor. CONCURRENCES: The City Attorney and Community Development Director concur with the approval of this agreement. No department has expressed any opposition. RECOMMENDATION: Adopt resolution approving agreement with Pacific Gas & Electric Company. Attachments 1 - Draft Resolution 2 - Vicinity Map 3 - Agreement 4 — Letter from PG&E dated 3/6/89 i jk6/pg&e-agrmt by RESOLUTION NO. (1989 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT (CONSENT TO COMMON USE) BETWEEN THE CITY AND PACIFIC GAS &ELECTRIC COMPANY FOR CONSTRUCTION OF A PROPOSED DRIVE THROUGH WITHIN PG&E RIGHT-OF-WAY IN MARGARITA AVENUE EAST OF HIGUERA STREET WHEREAS, the City has required the installation of a new drive-through (median cut) within Margarita Avenue as a condition of a proposed development' at 3251 So. Higuera St. (see attached Exhibit A), and WHEREAS, Pacific Gas and Electric Company has prior rights within this portion of Margarita Avenue right-of-way, and . NOW THEREFORE, BE IT RESOLVED by the Council of the City of Son Luis Obispo as follows: SECTION 1 . . The agreement between the City and Pacific Gas and Electric Company per attached Exhibit A is hereby approved. SECTION Z. The Mayor is hereby authorized to execute the agreement. SECTION 3. The City Clerk shall distribute copies of the executed agreement to: PG&E, Public Works Director, Roy Parsons. On motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was passed and adopted this day of 1989. MAYOR ATTEST: i—\ CITY CLERK Resolution No. (1989 Series) Page Two. APPROVED: City Administrative Officer City Attar IYY � r Communigy development Director City gineer Jk6/pg&e-agrmt by ��J.Y.'•.lw''i-:•tY-' '\ v:'tti!'r..">"•1�=•S•.f':'SiP Y.f�]`�y=.•T:'Q�.'�w'I".`", .1•. .�.,.-`. •_•,�. •r..,-,i1•"w � R} p=1 :t�G3'rt �, li •LIOS�tIIC "4Y Vir•.L4[w.iY-iw..YCdi'.bJYrVt •r = �- -- • • a I 1 \r:t ',.. .r., ..;.1-.''�!{ ` 1��j`l.tF. 1.2+'�CaG'�i"''•;�5.W ' ?,Vs '�. .. ;t='. .fit„+•• 'S 7' ,- Ali ♦ �: -1 •'^• �•�=••• '� .1/11t\� •'vim� Y:: I I iY. t:., :O ` � � t --.'DRIVE �� `•� Z 'L•° ` ��. a O-CUYADAAt ORIVE%ec t e MA A/ rA .t; SJotAVS . •-.J'- "t• 1. i._, 1� :i.�.! � •�' '. � ; • •j - W r r. DR. CO) BONE1`fI . ' ••��//v An - O • J i/ •'• _ � "':. . '. GRANADA 'SDR. t+-c 13 L CONSENT TO COMMON USE THIS AGREEMENT, entered into this day of 119-1 by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company", and the CITY OF SAN LUIS OBISPO hereinafter called "Agency", WITNESSETH WHEREAS, Company is the owner in possession of certain rights of way and ease- mens, hereinafter referred to as "Company's easement", described as follows: From GEO. D. FAUSTINO and MARTHA L. FAUSTINO, husband and wife, by- deed ydeed dated September 23, 1953 and recorded in Book 733, page 385, - San Luis Obispo County Official Records (LD Document No. 2231-12-0099) . i A0EiUL4-Y ZDPY 62-42M PQ i OVA (r" o -2- and WHEREAS, Agency has acquired certain lands for road purposes _(Margarita Avenue) the intersection of So. in the vicinity ofRiguera and MargaritaCounty of San Luis Obispo , hereinafter Avenue referred to as "Agency right of way", and WHERE.36, the Agency right of way occupies a portion of Company's easement and is subject to said easement. which said portion ishereinafter referred to as "Area of Common Use" and is described as follows: The area shown by diagonal hash marks on the drawing attached hereto and hereby made a part hereof. o a 62-814 PO a OF -3- NOW, THEREFORE, Company and Agency hereby mutually agree as follows: 1. Company hereby consents to the construction, reconstruction, maintenance or use by Agency of a 30-foot wide drive-thru in the existing island over, along and upon Company's easement in the area of common use subject to Company's right and easement to use said area of common use for all of the purposes for which Com- pany's easement was acquired and to the terms and conditions herein contained. Company does not by this consent and shall not be deemed to subordinate its rights in the area of common use to any use which Agency shall make of said area. 2. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement or the priority thereof over the title of Agency in said area of common.use. Both Agency and Company shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or Agency may now have or may hereafter ac- quire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or Company in such a manner as to cause an unreasonable inter- ference with the use of said area of common use by the other party. a. Further, this consent herein given is subject to the terms and conditions listed in Exhibit "A" attached hereto and incorporated herein. 62-4214 Po 3 0 EXHIBIT "A" TERMS AND CONDITIONS G , 1. You shall notify Company's Division Gas and Electric Superintendent at 4325 South Higuera Street, San Luis Obispo, CA 93401 (telephone 805/ 546-5216) at least 48 hours prior to the commencement of any construction operations pursuant to this consent and obtain his or his representative's approval of the work to be performed hereunder. 2. The consent hereby given is subject to all the provisions of General Order Nos. 69-C, 95 (electric) , 112-B (gas) and 128 (underground electric and communications) , as applicable, of the Public Utilities Commission of the State of California and all other governmental agencies. 3. No tools, machinery, equipment or materials shall be moved or operated within ten (10) feet of Company's high voltage overhead conductors. This is a requirement of Title 8 of the Division of. Industrial Safety Orders of the California Occupational Safety and Health Administration. 4: Notwithstanding anything. contained herein, you agree to reimburse Company for any damage to Company's faciltiies resulting from your use of said. area within said right of way. 5. Any improvements you shall make within said area of common use shall be done in such a manner so as not to reduce the vertical clearance beneath Company's electric transmission line and the ground thereunder below thirty (30) feet. 6. You shall not plant any trees or shrubs which normally attain a height exceeding fifteen (15) feet at maturity within said area of common use. 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized. PACIFIC GAS AND ELECTRIC COMPANY By ack E. Dunlap Regional General Services Manager A eat CITY OF SAN LUIS OBISM Be Attest T31S, R12E, MDBSM Sec. 3, SE} of NE} 62-4214 PG 4 OF 4 Ln _ 1 }Q InN N N vi F—X PST IN6 COWWMIMIUMS gn �J it � (� � PLI�NTING LO6, ccCCa I W � — I � I ' Ij Q - j Q _ Iq a0 Q �I N o - � N W G°co Q O LIQ c c c c PLANtINGC_4 —�l� PAC I F- I C GAS ANI? ELECTFZ I C CMMR'ick NV P.D. BOX 592, S.L.D., CA 93406-0592 + (805) 595-6435 LAND DEPARTMENT RECEIVED March 6. 1989 MAR 1 I989 ENGINESSAANN 140 pwwp� CITY pF W(S 08fSPp Gerald W. Kenny Supervising Civil Engineer City of San Luis Obispo 955 Morro Street San Luis Obispo, Ca. 93403-8100 Dear Mr. Kenny: In regard to your letter dated February 10, 1989, we understand that the final island drive-thru location has not been . determined, and the plans may not be completed at this time. However, we would prefer to complete the Consent approval process now. The two copies of the Consent to Common Use are being returned for City approval . The location shown on the drawing attached to the Consen was he origi.nal proposal . We will be glad to worth: with you to finalize the development plans when they are available. A note has been added to the drawing to state our willingness to establish a viable crossing location whenever the development proceeds. Please obtain the required signatures on the PG&E Copy and return it to this office, with a copy of the authorization for approval . If you have further questions, please feel free to call Mike Olsen at (805) 595-6435. Sincerely, Clifford J. Smith Division Land Supervisor