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CC SR 20210615 04 - So Cal Gas Master License Agreement CITY COUNCIL MEETING DATE: 06/15/2021 AGENDA REPORT AGENDA HEADING: Regular Business AGENDA DESCRIPTION: Consideration and possible action to approve a Master License Agreement with Southern California Gas Company to install advanced gas meter Data Collector Units. RECOMMENDED COUNCIL ACTION: (1) Authorize the Mayor and City Clerk to execute the Master License Agreement between the City and California Gas Company approved as to form by the City Attorney. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Charles Eder, PE, Senior Engineer REVIEWED BY: Ramzi Awwad, Director of Public Works APPROVED BY: Ara Mihranian, AICP, City Manager ATTACHED SUPPORTING DOCUMENTS: A. SoCalGas Master License Agreement (forthcoming) B. Proposed Site Locations Map (page B-1) C. Model Units (page C-1) BACKGROUND: Southern California Gas Company (SoCalGas) is proposing to enter into a Master License Agreement (Agreement) with the City to install 12 Data Collector Units (DCU) at various locations throughout the City. The DCUs are part of SoCalGas’ advanced metering system, which is designed to automatically transmit gas usage to SoCalGas’ centralized customer service and billing center. The DCUs will work in conjunction with the existing gas meters in commercial and residential properties. The advanced meter system will allow for faster detection of abnormal gas usage and prompt an earlier investigation. It will also provide more frequent detailed information to help customers 1 better manage energy use and costs. Reducing gas usage will conserve energy and enhance air quality. The proposed locations of these units are shown in Attachment B. The DCUs are wireless telecommunications devices installed on existing poles in the public right-of-way and use electricity from an existing power source (illustration shown in Attachment C). The proposed 12 DCUs are strategically located to achieve optimal communication among residential/commercial gas meters, adjacent DCUs, and SoCalGas’ communication centers. There is a possibility that two new poles with solar powered DCUs will be needed at a later date. SoCalGas previously introduced the advanced meters wireless telecommunications technology to the City Council at the November 4, 2014 meeting. SoCalGas introduced the concept of the advanced meter and outlined the project’s proposed construction, which included 19 solar powered DCUs in the City. The City Council received and filed the presentation and asked SoCalGas to conduct further research to make the units less intrusive. On March 15, 2016, SoCalGas updated the City Council on the Advanced Meter Project. After SoCalGas’ further research, the number of proposed DCU locations was reduced to 16. The City Council received and filed the presentation and asked SoCalGas to come back to show more camouflaging and compliance with the City’s Wireless Telecommunications Facilities Ordinance (Ordinance) Title 12.18 of the Rancho Palos Verdes Municipal Code. The revised plan does show a less intrusive design with the removal of solar panels and reduced number of proposed DCU locations. The DCUs’ appearance remains the same as the technology has not changed, but camouflaging was achieved by moving some sites to strategic locations hidden within trees. SoCalGas is authorized to install and maintain service under the Certificate of Public Convenience and Necessity, issued by the California Public Utilities Commission (CPUC). This project to install DCUs was authorized by the CPUC. The Master License Agreement (Attachment A) under consideration is a mechanism to facilitate the installation of the DCUs while complying with the City’s Ordinance regarding wireless telecommunications facilities. Without a Master License Agreement, SoCalGas may pursue eminent domain and have legal authority over items regulated in the proposed Agreement. The Agreement protects the interests of the City by requiring SoCalGas to obtain permits, indemnify and hold the City harmless, carry appropriate insurance, maintain the DCUs in good condition, and remove them upon termination of the Agreement. The Agreement is for a 10-year term with up to two successive five-year extensions and incudes a license and administrative fee of $2,700 per facility. Staff also added a requirement for SoCalGas to review available technology every three years and determine if there are smaller or more aesthetically pleasing DCUs that are compatible with SoCalGas’ operational needs. If new technology is available that meets these criteria, then SoCalGas is required to replace its existing units with new ones within two years. In the event that SoCalGas did not properly complete its installations, or remove DCUs when required, the City typically would pursue bonds to recover the cost of removing the 2 DCUs on behalf of SoCalGas. However, SoCalGas requested that the City not require performance and removal bonds as part of the Agreement. Staff agrees with SoCalGas that such a scenario is extremely unlikely given the reputation of SoCalGas a s a utility governed by CPUC. Also considering the low cost of remediation action, Staff recommends eliminating the bond requirement in the Agreement. The Agreement is currently being finalized, and has been reviewed and approved by the City Attorney’s Office for use in the installation of the DCUs for the SoCalGas advanced meter system and will be submitted as late correspondence prior to the June 15 meeting. Staff recommends adopting the resolution approving the Agreement with SoCalGas for the installation of communication equipment on existing City-owned poles. ALTERNATIVES: In addition to the Staff recommendation, the following alternative actions are available for the City Council’s consideration: 1. Identify concerns or modifications to the Master License Agreement for consideration at a future meeting. 2. Take other action, as deemed appropriate. 3 Total DCU’S Needed In RPV ➢Proposed 12 streetlight attachments 9 B-1 About the Communication Network – Data Collection Units (DCUs) ▪Installing approximately 4,600 DCUs throughout SoCalGas’ service territory ▪Mixed between pole mounted & streetlight attachments ▪Antennas mounted 24 feet or higher (licensed 462-467 (800/1900 cellular) MHz frequency) ▪A/C or Solar Powered ▪21.5” H x 13.6” W x 8.25” D ▪Built-in Redundancy: advanced meters will communicate with two to three DCUs PHOTO FOR DISCUSSION PURPOSES ONLY 8 C-1