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Home My WebLink AboutPublic Works File - Street light acquisition historyDennis Hennessy Pacific Gas and Electric Box 592 San Luis Obispo, California 93496 Dear Dennis, The City has purchase of the Stoner of your SEE ME FYI JUN 2 5 1993 HANDLE completed preliminary studies street lighting system in San staff has assisted us well in June 22, 1993 Jt? R JWC CWA RtA WEC O , I. tP0FR PLNG SUPR SEr` 1�E COPIES TO !NfOONP_y JUN 2 IV' 1993 I� R 48 J TN 190 JS KWB JWQ t r !� ?uilPARf.Rf.V�Y6Y .. RG TF ��..�.! for the potential Luis Obispo. Sally these early studies. We are now prepared to contract for an independent appraisal of the system, prior to further purchase negotiations with PGE. This appraisal will permit us to complete an even more accurate financial analysis of City ownership. In order to facilitate an appraisal process that parallels PGE appraisal methods, and leads to a mutually agreeable system value, we require the current PGE physical inventory of the streetlight system for which the City of San Luis Obispo is billed. We have been in contact with Art Hillman, attorney for PGE on these matters. He has informed us that our request must be channeled via Your office. Presumably, you would then deliver the inventory to US. Due to my departure from City Staff, the inventory should be sent to Mike McCluskey, Public Works Director, at 955 Morro in San Luis Obispo. It is our intention to complete this change of ownership in a cooperative manner that is timely and avoids potentially difficult and expensive litigation issues for the City or PGE. Sincerely, Tom Harringt cc: Mike McCluskey, Public Works Director Sally Stoner, New Business Represenative, PGE j slpgelnvAr Page No. 1 .. (:.:. 11/17/93 C CITY OF SAN LUIS OBISPO CITY OWNED STREET LIGHTS p ** Subtotal ** - 0 - .- - ** LS-IC 1936 AL HIL DR 1 LS-1C- 1890 ANACAPA CIR LS-1C - 1838 ANACAPA CIROAD ST LS-lC 1916 ANDREWS ST LS-1C 1917 ANDREWS ST LS-lC 1699 BISHOP ST LS-IC 1700 BISHOP ST LS-1C 1696 BISHOP ST & BUSHNELL ST LS-1C 1697 BISHOP ST & FLORENCE ST LS-IC 1698 BISHOP ST E/O FLORENCE AVE LS-IC 1701 BISHOP ST W/O AUGUSTA ST LS-IC 1960 BLUEROCK CRT - LS-IC 1959 BLUEROCK DR LS-lC 1739 BONETTI DR LS-lC 1740 BONETTI DR AT EMPRESSA LS-IC 1830 BOUGAINVILLEA ST LS-lC 1831 BOUGAINVILLEA ST LS-1C - 1832 BOUGAINVILLEA ST LS-IC 624 BRIZZOLARA ST END OF LS-IC 1801 BRIZZOLARA ST S/O NIPOMO ST LS-1C 1799 BROAD 1ST W/O HIGUERA LS-IC 2077 BROAD ST & FOOTHILL BLVD SE LS-IC COR 1953 BROAD ST & STONERIDGE LS-IC - 1963 BROAD ST 3490 LS-IC 1964 BROAD ST 3490 LS-IC 1965 BROAD ST 3490 LS-IC 1935 BUENA VISTA 43 LS-lC - 2078 BUSHNELL N/O BISHOP ST LS-IC 1868 CAPISTRANO CRT LS-lC 1869 CAPISTRANO CRT LS-IC 1871 CAPISTRANO CRT LS-IC 1872 CAPISTRANO CRT LS-IC 1873 CAPISTRANO CRT END OF LS-IC 1785. CARMEL & MARSH COR OF LS-IC 1786 CARMEL BET MARSH & HIGUERA LS-IC 1864 CASTILLO CRT LS-IC 1866 CASTILLO CRT LS-IC 1865 CASTII�LO CRT & CAPISTRANO CRT LS-IC - 1867 CASTILLO CRT END OF LS-IC -l 2005 CERRO CRT LS-1C ' 1999 CERRO ROMAULDO LS-IC 2000 CERRO ROMAULDO LS-lC 2001 CERRO ROMAULDO' LS-IC ��IIIIIIIIIIIIIII �i II i�llllllllll I -t O An Cl SUs B1S 4 y�p 955 Morro Street • San Luis Obispo, CA 93401 REQUEST FOR PROPOSALS TO DETERMINE THE FEASIBILITY OF STREET LIGHT ACQUISITION OVERVIEW t We invite your proposal to determine the feasibility of acquiring about 1,800 street lights from Pacific Gas & Electric Company and operating our entire street light system, which includes an additional 50 City -owned lights. You should submit your proposal by July 15, 1994 to: David Elliott Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 You should direct questions about this request for proposals to David Elliott at (805) 781-7209. DESCRIPTION OF WORK We assume that the project work would include the following tasks: 0 appraising the value of lights owned by PG&E 0 recommending an offering price to purchase the lights owned by PG&E 0 determining the best method and cost of operating the system after acquisition 0 calculating the potential operating cost savings available through acquisition 0 comparing the annual operating cost savings to an amortized acquisition cost At this time we are not seeking advice on financing an acquisition. - PROPOSAL CONTENT Your proposal should be concise and should include: 0 a description and schedule of the proposed work 0 proposed compensation 0 any proposed deviations from the additional purchase order conditions, which are attached 0 references from three clients who can vouch for similar work you've done for them AWARDING THE PROJECT WORK Within 30 days of receiving proposals, we will issue a purchase order for the project work, as outlined in the successful proposal. i r /O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. r Telecommunications Device for the Deaf (805) 781-7410. PROJECT TO DETERMINE THE FEASIBILITY OF STREET LIGHT ACQUISITION ADDITIONAL PURCHASE ORDER CONDITIONS 1. Compensation for Authorized Additional Expenses. To receive compensation for additional expenses outside the scope of the project work (including meetings and additional copies of prepared materials), the Consultant shall obtain prior written authorization from the City to incur those expenses. Compensation for these additional expenses shall include time and materials only without markup. 2. Payment Terms. The City's payment terms shall be 30 days from receipt Hof an original invoice and acceptance by the City of the materials and services provided by the Consultant. 3. Ability to Perform. The Consultant represents that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the project work in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 4. Payment of Taxes. The project prices shall include full compensation for all taxes which the Consultant is required to pay. 5. Permits and Licenses. The Consultant shall procure all permits and licenses, pay all charges and fees, and give all notices necessary to perform the project work. 6. Immigration Act of 1986. The Consultant warrants on behalf of itself and all subcontractors engaged for the project work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the project work. 7. Consultant Non -Discrimination. In performing the project work, the Consultant agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 8. Interests of the Consultant. The Consultant covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the project work. The Consultant further covenants that, in the performance of the project work, no subcontractor or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing the project work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the project work, the Consultant shall at all times be deemed an independent contractor and not an agent or employee of the City. 9. Hold Harmless and Indemnification. The Consultant agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Consult- ant's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Consultant, and its agents, officers or employees, in perform- ing the project work, and,all expenses of investigating and defending against same; provided, however, that the Consultant's dutyto indemnify and hold harndess shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. i F 10. Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the project work, or its right, title or interest, or its power to execute the project work to any individual or business entity of any kind without prior written consent from the City. 11. Termination. If, during the term of the project work, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, the City may notify the Consultant in writing of such defect or failure to perform. This notification must give the Consultant a 10 calendar day notice of time thereafter in which to perform the project work or cure the deficiency. Not performing the work or curing the deficiency within the 10 days specified in the notice shall constitute a breach of the project conditions and the City may terminate the project immediately by written notice to the Consultant. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights regarding the project. In this event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's notice of termination, minus any offset from such payment representing the City's damages from such a breach. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation specified. 12. Ownership of Materials. All original documents and other materials prepared by or in possession of the Consultant as part of the project work shall become the permanent property of the City, and shall be delivered to the City upon demand. 13. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the project work shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. 14. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the project work, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating such copies at the Consultant's direct expense. 15. Insurance Requirements. The Consultant shall provide proof of insurance in the form, coverages, and amounts specified below within ten calendar days after receiving a purchase order for the project work. The Consultant shall procure and maintain for the duration of the project work against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: a. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). b. Insurance Services Office form number CA 0001 (Ed. 1187) covering Automobile Liability, code 1 (any auto). C. Workers'. Compensation insurance as required by the State of California and Employer's Liability Insurance. d. Errors and Omissions Liability insurance as appropriate to the Consultant's profession. Minimum Limits of Insurance. The Consultant shall maintain limits no less than: a. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. C. Employer's Liability: $1,000,000 per accident for bodily injury or disease. d. Errors and Omissions Liability: $1,000,000 per. occurrence. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the City, its officers, officials, employees and volunteers; or the Consultant shall procure a bond .guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: a. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Contractor; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. b. For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or i volunteers shall be excess of the Consultant's insurance and shall not contribute with it. C. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. d. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. e. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. The Consultant shall famish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. r -' DISTRIBUTION LIST Bartle Wells Associates 1636 Bush Street San Francisco, CA 94109 ATTN: Reed V. Schmidt R.W. Beck and Associates 2101 Fourth Avenue, Suite 600 Seattle, WA 98121 ATTN: Nancy Hughes r I L • HAMM MANAGEMENT CONSULTANT ELECTRIC UTILITIES SPECIALIST July 13, 1994 David Elliott - - Public Works Department City of San Luis Obispo 955 Morro Street San Luis Obispo, CA 93401 JUL (5 �� Re: RFP - Street Lights t ri 4, Dear Mr. Elliott: After receiving a FAX of San Luis Obispo's "Request for Proposal to Determine the Feasibility of - Street Light Acquisition" of June 1994, I would like to reorganize your "RFP" based on an approved format used in the many projects I have been involved with. R. W. Beck and I work closely together on all projects I have managed. They are used for "certified appraisals" and report analysis. As a management consultant, I manage the project: "Preliminary Feasibility Report," project liaison, staff presentations, city council presentations, nege ations, attorney selection, assist in selecting financing mechanisms, street light maintenance contracts or city maintenance, required equipment acquisition, construction and maintenance standards, and other tasks as the project may require. Street light acquisition projects can best be organized in the following phased manner: Phase I - "Preliminary Feasibility Report" This is considered the City's close look at the project. Included is an analysis of street light ownership, the savings, and pay -back period if owned by the city. The report will use a comparable sales approach to approximate current value. Maintenance is discussed and recommendations made whether contract or in-house maintenance is more cost effective. The report will allow the City to make a decision on whether to move on to acquisition or consider no action. The report has a fixed fee of $4,500 and includes a presentation once staff has had time to review it. (With three or more cities in a "Joint Powers Authority," the fixed price is $3,500 per report.) Phase II - "Negotiations" This phase requires authorization by city council to negotiate for capital pricing. A "certified appraisal" by R. W. Beck will be required. Their appraisals will contain a "Reproduction Cost New Less Depreciation" (RCNLD) value, an "Original Cost Less Depreciation" (OCLD) and an "income" value. All are necessary to determine plant value. With correct values in hand, negotiations can then proceed. Negotations are required by city franchise. (The consultant's fee is $85 per hour plus direct expenses.) The City by this time in the project has truly become a part of the project, understands the position of the utility, and is in a position to make an intelligent decision concerning acquisition. The City will be faced with settling at a higher price than if they pursued "eminent domain" proceedings. An attorney will need to be selected since the legal expertise required is based on utility plant values, California Public Utilities Commission (CPUC) methods, practice in the narrow area of rate making, and an indepth knowledge of the utility field. P.O. BOX 5783 • SANTA ROSA, CA 95402 9 (707) 523-4819 David Elliott City of San Luis Obispo July 13, 1994 Page 2 Phase III - "Condemnation" If city council elects to pursue the project under condemnation, a "Resolution of Necessity and Public Need" begins the court action. This portion of the project can take as much as one full year before coming up on the county's Superior Court calendar. Both R. W. Beck and myself become involved as expert witnesses. (Expert witness fee is $100 per hour; all other required work by the management consultant is at the regular rate of $85 per hour plus direct expenses.) All projects take on this similar format and can take up to two years to complete. This format allows for the City's total involvement and considers the City's right to abandon at any point. There are major economic advantages to forming a county -wide "Joint Powers Authority" (JPA) for street light acquisition. The JPA joins all agencies into one unit with the cost being spread based on street light count initially. Eventually, costs are spread based on valuation of each system at the time of acquisition. Between R. W. Beck's appraisal and myself, we have the most experience in the state and the nation in street light acquisition. The R. W. Beck and Hamm team is currently midway in a large JPA acquisition project involving 12 agencies with a total of 34,000 street lights being acquired. This project is the state's largest acquisition. Oualifications Russell L. Hamm has been involved with street light acquisition since 1982 when as Deputy Director -Field Services for the City of Santa Rosa, he acquired 6,200 street lights. Since then he has advised, assisted or managed 15 separate projects totaling 30 agencies. He is presently, involved with six other acquisition projects and has assisted cities in Hawaii, Florida, Missouri and Massachusetts. His most recent completed projects are Bakersfield, Vallejo, Stockton, Rohnert Park, Oceanside and Carlsbad. The following cities are offered as references for Mr. Hamm's project management skills: *City of Bakersfield - Lary Jamison, Superintendent of General Services, 805/326-3046 *City of Vallejo - John Powers, City Attorney, 707/6484545 -City of Carlsbad - Virginia McCoy, Electric Operations Supervisor, 619/434-2941 The R. W. Beck and Hamm approach provides the City with the most knowledgeable consultants in street light acquisition and provides the City with total involvement. We look forward to assisting the City of San Luis Obispo in this important project. Sincerely, Russell L. Hamm Management Consultant RLH:k Enclosure c: Nancy Hughes, R. W. Beck w/enclosure - r STFE� T L�HT SYSTEM Preliminary Feasibility Report City of San Luis Obispo x F Street Light System , N e f f v x 1 nL I QIJSS, ELL` L..HAMM Iv1ANAGEMNT CONSULTANT " ELECTRIC: UTILITIES',Sf'ECIAL4ST • gPPRAiS,9L • ACQUISTION- - P O BOX 5�83 , • MANAGEMENT r r SI\NTA ROSA CA �9�402 ,r -MAINTENANCE, (707,} 523=461�, Appraisal Report Appraisal of Streetlight Facilities to be Acquired from Pacific Gas and Electric Company by the City of San Luis Obispo, California September 1996 Appraisal No: 850 - PACIFIC GAS AND.ELECTRIC COMPANY ]Version: - 0 San Luis Obispo Clryn7, Streetlights �iAppraise[: Aug-96— -- - STREETLIGHT SIZE BY RATE SCHEDULE Sorted By Rate Schedule ROUTE and TBV P6 12701 - ACCOUNT Total Number of lights by Inventory Light Rate Schedule Rate Schedule Code /Sutror Size LS -1A 038720 S 31 LS-1A 038740 S 32 LS -1A 038660 S 34 LS-1A 038640 S 35 LS-1A 038700 S 37 757 LS-1C 038740 S 32 LS-1C 038660 S 34 LS -1C 038640 S 35 LS -1C 038700 S 37 377 LS -1D 038640 S 35 10 LS -1E 038660 S 34 LS -1E 038640 S 35 LS -1E 038700 S - 37 44 LS-IF -- 038720 S 31 LS -1F 038660 S 34 LS-1F 038640 S 35 LS -1F 038700 S 37 96 LS -1DA 038640 S 35 31 LS-1E.1 038660 S 34 LS -1E.1 038640 S 35 LS -1E.1 038700 S 37 521 LS -1FA 038700 S . 37 13 TOTAL NUMBER OF LIGHTS FOR ROUTE AND ACCOUNT IS 1,849 TOTAL NUMBER OF LIGHTS FOR THE APPRAISAL IS 1,849 J Page No. 1 Creation Date: Aug-20-96 Oty — 1 2 60 553 141 1 32 270 74 10 3 24 17 1 5 88 2 31 5 429 87 13 8120196 --- DRAFT --- d SL-RATES city of san Luis oBispo 955 Morro Street • San Luis Obispo, CA 93401 Bob Burke Senior New Business Representative Pacific Gas and Electric Company P.O. Box 8592 San Luis Obispo, CA 93406 As we discussed this afternoon, the City of San Luis Obispo is interested in purchasing the streetlights owned by PG&E within the City. As we prepare to enter acquisition negotiations, we need the following information so that our appraiser can estimate reproduction cost new less depreciation (RCNLD) and original cost less depreciation (OCLD): 1. A detailed listing showing the type, quantity, and age of the streetlight facilities to be acquired. 2. A summary of the current unit costs to install the streetlight facilities shown in item 1, by type of facility. 3. A summary of the number of streetlights in each system by rate schedule and lamp size. 4. A listing of the annual depreciation accrual rates for each of PG&Fs streetlight subaccounts (Accounts 215 through 218), including the average service life, suvivor curve, and net salvage ratio for each subaccount. Thanks for your prompt reply to this request. We look forward to working with you on this acquisition. Call me at 781-7209 if you have any questions. Regards, �, t+ Dav' Elliott dministrative Analyst Public Works f / The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. V� Telecommunications Device for the Deaf (805) 781-7410. Capitalized Income Valuation Study Appraisal of Facilities to be Acquired from Pacific Gas and Electric Company by the City of San Luis Obispo, California December 1994 Ancouncil acenda aepoat CITY OF SAN LUIS OBISPO FROM: Michael D. McCloskey, Public Works Director Prepared By: David Elliott, Administrative Analyst SUBJECT: Authorization for Acquisition of Streetlights City Plan No. 95-35 CAO RECOMMENDATION M-tim D. Dw Number Adopt a resolution which 1) approves the appraisal report on streetlights owned by PG&E 2) establishes $157,165 as just compensation for acquiring streetlights and 3) authorizes the City Administrative Officer to offer PG&E $157,165 for acquisition and transfer of streetlights to the City DISCUSSION Background According to the most recently compiled inventory (submitted by PG&E within the last three weeks), there are 1,900 streetlights within the City. PG&E owns 1,849 of these lights, and the City pays PG&E for rent plus electricity and maintenance on them. In 1994 Public Works began investigating the feasibility of acquiring these streetlights from PG&E in order to reduce operating costs. With appraisals and feasibility studies completed, the City is ready to proceed with acquisition. Using the detailed inventory furnished by PG&E, R.W. Beck, Inc. prepared a revised appraisal report on the streetlights owned by PG&E. This report used three approaches to estimate fair market value: 1) calculating reproduction cost new less depreciation at $297,196 2) calculating original cost less depreciation at $155,992 3) calculating capitalized income at $158,138 From these calculations R.W. Beck concluded that the estimated fair market value should be $157,165. Next Steps If the Council adopts the proposed resolution, the City Administrative Officer will tender an offer of $157,165 to PG&E for acquisition of the streetlights. This step is necessary in case PG&E rejects this offer and the City must begin condemnation proceedings. Assuming that PG&E may reject the offer, Public Works will schedule a public hearing in November for the Council to adopt a resolution of necessity authorizing the city attorney to start eminent domain proceedings. Council Agenda Report - Resolution Authorizing Acquisition of Streetlights Page 2 FISCAL IMPACT Feasibility calculations show that the City can save about $75,000 each year in operating costs by acquiring the streetlights and taking over maintenance. This amount will be reduced by annual debt service on the bond proceeds needed for acquisition. Depending on final acquisition cost, net annual savings after deducting debt service could range from $36,000 to $62,000. The acquisition is funded in the approved 1996/97 budget, page E-4, with sufficient funds to cover $157,165. Attachment Resolution (A copy of the appraisal report is available in the City Clerk's office.) hAsignals\slacquis\1022.agn RESOLUTION NO. (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACQUISITION OF STREET LIGHTING FACILITIES BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The appraisal report of R.W. Beck, Inc. dated September 1996, concerning the value of the street lighting facilities of the Pacific Gas & Electric Company located within the territorial boundaries of the City of San Luis Obispo is approved, a true copy of that report being attached as Exhibit (NAM and incorporated and made a part of this resolution. SECTION 2. The sum of $157,165 is established by the City of San Luis Obispo as the amount which it believes to be just compensation for acquisition of the street lighting facilities of the Pacific Gas & Electric Company as described and so valued in the appraisal report. SECTION 3. The City Administrative Officer is authorized and directed to offer to the Pacific Gas & Electric Company the sum of $157,165 for acquisition and transfer of ownership of the street lighting facilities to the City of San Luis Obispo. Upon motion of , second by and on the following roll call vote: AYES: NOES: ABSENT: the foregoing resolution was adopted this day of 1996. Mayor Allen K. Settle ATTESTED: City Clerk LAW OFFICE DONALD H. MAYNOR A PROFESSIONAL LAW CORPORATION 3220 ALPINE ROAD, SUITE A PORTOLA VALLEY, CA 94028 (415)854-8898 FACSIMILE (415)854-8774 CONFIDENTIAL ATTORNEY/CLIENT COMMUNICATION . 3 ��►�� i i!!ellllllli11p°°�� IIIaIIIII cityo sanUsoBspo 990 Palm Street, San Luis Obispo, CA 93401-3249 t, April8, 1998 Jill Schwinn . Metricom, Inc. 980 University Ave. Los Gatos, CA 95032 Dear Ms. Schwinn: At the request of Dave Elliott, I am enclosing a copy of the Order of Possession filed June 26, 1997, in the case of City of San Luis Obispo v. Pacific Gas and Electric. Sincerely, �� Sharon L. Woodward Legal Secretary Office of the City Attorney sw/attach c: Dave Elliott /O The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. Telecommunications Device. for the Deaf (805) 781-7410. 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 DONALD H. MAYNOR, A PROFESSIONAL LAW CORPORATION State Bar No. 62033 3220 Alpine Road, Suite A Portola Valley, CA 94028 (415) 854-8898 JEFFREY G. JORGENSEN SAN LUIS OBISPO City Attorney State Bar No. 068576 990 Palm St. San Luis Obispo, CA 93401-3249 (805) 781-7140 Attorneys for Plaintiff JUN 26 1997 tARlrf O. fii=lirccfl, E,YECUTWE OFF10Ei{ By Kristen McWpaider DEP19Y CLERK IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN LUIS OBISPO CITY OF SAN LUIS OBISPO, ) CASE NO.: 080744 Plaintiff, ) ORDER FOR POSSESSION Vs. ) (CCP §1255.410) PACIFIC GAS AND ELECTRIC ) COMPANY, DOES 1 through 10, ) Inclusive, and all persons ) unknown claiming an interest ) in the property described in ) the complaint, ) Defendants. ) On consideration of Plaintiff's application for an order for possession of the property described in the complaint on file herein, and the Court determining that Plaintiff is entitled to j acquire this property by eminent domain and take possession thereof; and the Court determining that Plaintiff has deposited with the Court the probable amount of compensation and filed a I I statement of appraisal on which the deposit is based, both of 2 which satisfy the requirements of Code of Civil Procedure Section 3 1255.010; 4 IT IS ORDERED that Plaintiff be hereby authorized to take 5 possession of the property described above and to fully possess 6 and use the property with all incidents of ownership, including 7 the right to maintain and replace the property, as of the 30th day 8 following service of the Order. 9 IT IS FURTHER ORDERED that PACIFIC GAS & ELECTRIC COMPANY 10 shall be under no obligation to maintain the property after the 11 date on which Plaintiff, is authorized to take possession. 12 This Order is made under the provisions of Section 1255.410 13 of the Code of Civil Procedure. 14 15 @ �g g� 16 DATED: JUN 2 6 1997 JAMS ®. REAM JUDGE OF THE SUPERIOR COURT 17 18 19 20 21 22 23 24 25 26 27 28 _2 �I►�� i ��n��ii��iiii �� cit o san bins oBis j y � po 990 Palm Street, San Luis Obispo, CA 93401-3249 Certified Mail May 26, 1999 Stephen L. Garber PG&E P.O. Box 7442 San Francisco, CA 94120 Re: City of San Luis Obispo u. PG&E Dear Mr. Garber: Enclosed is a check payable to PG&E in the sum of $330,933.00, together with a "received" copy of the Stipulation For and Judgment in Eminent Domain, which was lodged with the Court today. As per your discussion with Dave Elliott, please do not cash the check until the Judgment is final. We will provide file -stamped copies of the Judgment after it has been signed by the Court. Please let me know if I can be of further assistance. JGJ/sw enc. c: Donald Maynor David Elliott Carolyn Dominguez Sincerely G. or ns City Attorney p E C E� W E 1 U MAY 2 6 1999 I CITY OF SAN LUIS OBISPO PUBLIC WORKSlUTILITIES The City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities. LJ Telecommunications Device for the Deaf (805) 781-7410. THE TREASURER. OF. THE City Of San LUIS OBITO 99µ0 PALM�pST. • SAN LUIS OBISPO, CA 93401-3249 (805)-781 7135=- ;.._ BANK OF AMERICA W A R N I N G 1105 HIGUERA CONTROLNUMBER SAN LUIS OBISPO. CA 93401 17 2 5. g 6 , DO NOT CA NYOU CAN VERIFY THE 1111=35 WORDS SAFEE O ON THE THE FACE & A WATERMARK 1210 ON THE BACK. HOLD AT A ANGLE TOWARD OR AWAY FROM LIGHT OR MARK WITH THE EDGE OF A COIN OR DARK HIGHLIGHTER CHECK DATE CHECK ND - 05./26/99 1725E s ***330,933.00 PAY THREE, HUNDRED'._THIRTY THOUSAND, NINE HUNDRED THIRTY THREE DOLLARS & ZERO CENTS TO THE" PACIFIC GAS ORDER OF EXAMINED AND APPROVED BY' & ELECTRIC .-... .. . _ .... vv� THIS CHECK VOID AFTER SIX MONTHS II•1725861" 1si21000358I: 00610-8024911' City Of SAn LUIS OUISPO 990 PALM ST. • SAN LUIS OBISPO, CA 93401-3249 53901 1 99535 400140 PACIFIC GAS & ELECTRIC JUDGMENT 330,933.00 ACCOUNTS PAYABLE CHECK NO. 172586 EMINENT DOMAIN JUDGMENT 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 DONALD H. MAYNOR, #62033 A Professional Corporation 235 Catalpa Drive Atherton, CA 94027 (650)327-2894 IATHAN T. ANNAND, #70009 STEPHEN L. GARBER, #95167 77 Beale Street, B30A San Francisco, CA 94105 Direct correspondence to: STEPHEN L. GARBER P.O. Box 7442 San Francisco, CA 94120 Telephone: (415) 973-8003 Attorneys for Defendant PACIFIC GAS AND ELECTRIC COMPANY RECEIVSAN LUIS ED SUPERIOR COURT MAY 2 61999 %--w,ns J. GR'CV t4 pnURT V.ECUTNS OrFiCER Y Y CLERK 8 'PUT SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO f CITY OF SAN LUIS OBISPO, Plaintiff, V. PACIFIC GAS AND ELECTRIC COMPANY, et al., Defendants. Case No. 080744 STIPULATION FOR AND JUDGMENT IN EMINENT DOMAIN Plaintiff City of San Luis Obispo ("Plaintiff'), by and through its counsel of record Donald H. Maynor, and defendant Pacific Gas and Electric Company ("PG&E"), by and through its counsel of record, Stephen L. Garber, hereby stipulate that Plaintiff may condemn the property interests described below, and that the amount of just compensation to be paid to PG&E is the amount set forth below. -1- 1 2 THE COURT FINDS: 3 A. Plaintiff is a municipal corporation and is authorized by Section 37350.5 of the Government 4 Code to condemn for the purpose of the project described in the Amended Complaint in Eminent 5 Domain filed on or about June 16, 1997. 6 7 B. The project is a public use, to wit: provision of street lighting service. 8 C. The public interest and necessity require this project. 9 D. The project is planned and located in a manner that will be most compatible with the 10 greatest public good and least private injury. 11 E. The property sought in this action is necessary for the project. The property to be 12 condemned is all PG&E street lighting facilities located within the territorial limits of Plaintiff and as of 13 14 the date of the filing of this action were on PG&E's LS-1 rates. The property is generally listed on 15 Exhibit A to the Amended Complaint in Eminent Domain. This specifically includes all of the sec 16 conductor from the service delivery point for each streetlight to each luminaire. It specifically excludes 17 any poles used by PG&E for distribution or transmission purposes. 18 F. The amount of just compensation for the property being condemned, including 19 compensation for all future uses to which Plaintiff may put the property pursuant to the rights obtained 20 21 in this action, together with all costs and litigation expenses, if any, to which PG&E may be entitled, 22 and including interest to the date of this judgment, shall be $488,098.00, less the deposit of 23 $157,165.00 (previously disbursed to PG&E). The net sum of $330,933.00 shall accrue interest from 24 entry of judgment to the date of payment at the rate of $50.61 per day until paid. 25 G. The parties have waived their rights to appeal from this judgment. 26 27 H. PG&E waives all right to prejudgment interest under this Stipulation. 28 -2- 1 I. On payment of the sum set forth in Paragraph F above, PG&E shall execute a Satisfaction of 2 Judgment and file it with the Clerk of the San Luis Obispo County Superior Court. 3 GOOD CAUSE APPEARING THEREFOR, IT IS HEREBY ORDERED, ADJUDGED, 4 AND DECREED: 5 1. In addition to the disbursal to PG&E of the money on deposit with the State Treasurer, 6 Plaintiff shall pay to PG&E the sum of $330,933.00, plus interest from entry of judgment to the date 7 of payment at the rate of $50.61 per day until aid, as just compensation for the property, P Ym P Y P� j P P P rty, and no final 8 order of condemnation shall be entered until both this sum has been paid to PG&E and the funds 9 deposited by Plaintiff with the State Treasurer have been disbursed to PG&E. 10 2. That upon payment to PG&E of the sum of money set forth in Paragraph 1 above, the 11 property described in Paragraph E above shall be condemned for the uses and purposes stated in the 12 Amended Complaint in Eminent Domain. 13 3. Upon payment being made to PG&E of the sum set forth in paragraph 1 above, PG&E shall 14 execute a satisfaction of judgment for City of San Luis Obispo and file it with the Clerk of the San Luis 15 Obispo Superior Court. 16 4. The use for which the property is sought to be condemned in the above action is authorized 17 by law and is a public use, and the taking in condemnation is necessary for that public use. 18 5. Upon payment to PG&E of the sum set forth in Paragraph 1 above, Plaintiff City of San 19 Luis Obispo shall be entitled to, and the Court shall make, a final order of condemnation in the manner 20 provided by law, which final order of condemnation shall describe the property condemned and identify 21 the judgment authorizing the taking. 22 23 24 25 26 27 _. 28 -3- U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 fEy WA 20 21 22 23 24 25 26 27 28 Dated: 6. This judgment shall be come final upon entry. Judge of the Superior Court ENTRY OF THE FOREGOING JUDGMENT IS STIPULATED TO BY THE PARTIES. Dated: .-r" z 9y Dated: 9 s By STEPHEN L. GARBER Attorneys for Defendant PACIFIC GAS AND ELECTRIC COMPANY } B DO ALD H. MA R Attorneys for Plaintiff CITWOF 9AN LUIS OBISPO me Appraisal No: 850 PACIFIC GAS AND ELECTRIC COMPANY Page No. t Appraisal Version: 0 San Luis Obispo City of, Streetlights Creation Date: Aug-20-96 Dale of Appraisal: Aug-96 STREETLIGHTS BY LOCATION -- INVENTORY BY LIGHT Sorted By Route and Account, Map, Streetlight Number, Location, Account and Description STREET STREETLIGHT LIGHT ROUTEAND YEAR RATE MAP NO. NUMBER ACCOUNT INST. ACCOUNT LOCATION I INVENTORY DESCRIPTION QTY SCHEDULE MM-33-18 2211 TBV P5 12701 660 PEACH 5T LS -1C 1990 0216 EA. SERVICE ST. LT. 96 AL. 600V UG SLAP t 1990 0217 EA. LUMINAIRE HPSV 70W 1 MM-33-25 2213 TBV P5 12701 CORNER OF LI721E (AT SCHOOL ENTRANCE) LS -1F 1991 0215 EA. VERTICAL RUN 3' 1 ` 1991 0217 EA. LUMINAIRE HPSV 70W 1 1991 0217 EA. SUSPENSION 30" 1 NN 34-6 2184 TBV P5 12701 BULLOCK LN NIO WILLOW CIR LS -1A 1990 0216 EA. RISER MOULDING U-SHAPE 2"730' PVC 1 1990 0216 EA. SERVICE ST. LT. #6 AL. 600V UG SLAP 1 1990 0217 EA. LUMINAIRE HPSV 70W 1 1990 0217 EA. SUSPENSION 30" 1 NN 34-6 2185 TBV P5 12701 BULLOCK LN AT WILLOW CIR LS-1A 1990 0216 EA. RISER MOULDING U-SHAPE 2'730' PVC 1 1990 0216 EA. SERVICE ST. LT. #6 AL. 600V UG SLAP 1 1990 0217 EA. LUMINAIRE HPSV 70W 1 1990 0217 EA. SUSPENSION 30" 1 NN 34-6 2186 TBV PS 12701 BULLOCK LN SID WILLOW CIR LS -1A 1990 0216 EA. RISER MOULDING U-SHAPE 2730' PVC 1 1990 0216 EA. SERVICE ST. LT. #6 AL. 600V UG SLAP 1 _ 1990 0217 EA. LUMINAIRE HPSV 70W 1 1990 0217 EA. SUSPENSION 30" 1 NN-32-20 1761 TBV P5 12701 CALLE JOAQUIN LS-1A 1983 0215 EA. VERTICAL RUN 3' 1 1983 0217 EA. LUMINAIRE HPSV 70W 1 1983 0217 EA. SUSPENSION 30" 1 NN-32-20 1762 TBV PS 12701 CALLE JOAQUIN LS-1A 1983 0215 EA. VERTICAL RUN 3' 1 1983 0217 EA. LUMINAIRE HPSV 100W 1 1983 0217 EA. SUSPENSION 30" 1 NN-32-20 1763 TBV P5 12701 CALLE JOAQUIN LS - 1A 1983 0215 EA. VERTICAL RUN 3' 1 1983 0217 EA. LUMINAIRE HPSV 70W 1 1983 0217 EA. SUSPENSION 30" 1 NN-32.20 1764 TBV P5 12701 CALLE JOAQUIN LS -1A 1983 0215 EA. VERTICAL RUN 3' t - 1983 0217 EA. LUMINAIRE HPSV 100W 1 i 1983 0217 EA. SUSPENSION 30" 1 --- DRAFT --- 8/20/96 sL-Loc