HomeMy WebLinkAboutMETRICOM, INC - 1998-01-20Q P wa-A.
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Council/Agency Meeting Held: T o jQB Goo.�s
Deferred/Continued to:
739
i(Ap roved ❑ Condi io all Approved ❑ Denied City Clerld Si natur
Council Meeting Date: January 20, 1998 Department ID Number: FD 98-005
9? CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, Acting City AdministratordZfZ-�
PREPARED BY: Michael P. Dolder, Acting Assistant City Ad ' istrator/Fir7Chief
Les M. Jones II, Director of Public Works
SUBJECT: APPROVE INTRODUCTION OF ORDINANC ANTING A FRANCHISE TO
METRICOM, INC. TO INSTALL, OPERATE AND MAINTAIN A --RICOCHET TM,,
WIRELESS DIGITAL COMMUNICATIONS RADIO NETWORK IN THE CITY
PUBLIC RIGHT-OF-WAY, ORDINANCE NO. 3384
Statement of Issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s)
Statement of Issue: Should the Citv adopt an ordinance arantina a franchise to Metricom. Inc. to
install, operate, and maintain a "Ricochet'" wireless digital communications radio network in the City
public right-of-way?
Funding Source: No funding source is required. The proposed franchise agreement could
generate approximately $33,000 per year in City revenue.
Recommended Action: Motion 1) to: Approve Introduction of Ordinance No. 3384 of the City
of Huntington Beach Granting a Franchise to Metricom, Inc. to Install, Operate and Maintain a
"Ricochetsm" Wireless Digital Communications Radio Network in the City Public Right -Of -Way,
and,
Motion 2) to: Approve and Authorize Execution by the Mayor and City Clerk of Franchise Agreement,
Upon Effective Date of Ordinance No. 3384, Between the City and Metricom, Inc., to Install,
Operate and Maintain a "Ricochetsm" Wireless Digital Communications Radio Network in the
City Public Right -Of -Way.
Alternative Action(s): Do not introduce an ordinance granting a franchise to Metricom, Inc. to
install, operate and maintain a "RicochetTm" wireless digital communications radio network in the City
public right-of-way.
Analysis: As provided in Chapter 12.48 of the Huntington Beach Municipal Code, Metricom, Inc. has
requested a non-exclusive franchise agreement to install, operate and maintain a "RicochetT *4"
wireless digital communications radio network in the City public right -of way. As proposed,
Ordinance No. 3384, Attachment 1, grants the franchise to Metricom to install, operate and maintain
"RicochetT"" radio cells on Southern California Edison (SCE) owned streetlight poles or on City -
owned streetlight poles. Exhibit 1 of Attachment 1 is the actual franchise agreement.
REQUEST FOR COUNCIL ACTION
MEETING DATE: January 20, 1998
DEPARTMENT ID NUMBER: FD 98-005
Analysis (Continued):
Metricom, Inc.'s "RicochetTm" radio network consists of radio cells (approximately the size of a
shoebox) installed on the mast arms of SCE and City -owned street light poles, Attachment 2. The
power source for the radio cell is the street light photocell outlet. "RicochetT°"" is a subscriber -based
communication service designed primarily for users of portable computers. Once installed in an area,
it allows users to connect to other computer systems for access to E-mail and other messaging
services without being physically attached to a hardwired phone line. This wireless network would
also be available for City use. The network operates in the license -free (902-928 MHz) part of the
radio spectrum.
The proposed Metricom non-exclusive franchise agreement is for a term of five (5) years with up to
two (2) successive terms of five years each.
Fiscal Impact - Based on an estimate of 1 percent (1 %) of the Huntington Beach population
subscribing for the minimum service at a yearly rate of $360, the 5 percent of gross revenue franchise
fees would net the City an approximate annual revenue of $33,000.
Conclusion: - The placement of wireless digital communications radio networks within the public
right-of-way in the City of Huntington Beach will benefit the public by providing additional
communication network capabilities within the City and by generating revenue for the City. Staff
recommends that City Council adopt the ordinance and approve the non-exclusive franchise
agreement with Metricom, Inc.
Environmental Status:
Attachment(s):
None required.
Ordinance No. 3384 Granting A Franchise to Metricom, Inc. to Install,
Operate and Maintain a "RicochetTW Wireless Digital Communications
Radio Network in the City Public Right-of-way.
Exhibit 1 of Attachment 1: Franchise Agreement between the City of
Huntington Beach and Metricom, Inc.
Picture of radio cells installed on light pole mast arms.
s:executive\d olde rm\fd98005
RCA Author: Dolder/Keith, ext. 5402
FD98005 -2- 01/13/98 11:36 AM
• 0
ATTACHMENT #1
ORDINANCE NO. 3 3 8 4
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
GRANTING A FRANCHISE TO METRICOM, INC.
TO INSTALL, OPERATE AND MAINTAIN A
"RICOCHET TM" WIRELESS DIGITAL
COMMUNICATIONS RADIO NETWORK
IN THE CITY PUBLIC RIGHT-OF-WAY
The City Council of the City of Huntington Beach does ordain as follows:
SECTION 1. The City of Huntington Beach hereby grants a Franchise to Metricom,
Inc., to install, operate and maintain a "RichochetTM" wireless digital communications radio
network in the City public right-of-way. The terms and conditions of the franchise gwnled
by this ordinance are contained in the Franchise Agreement attached hereto as Exhibit 1 and
incorporated by reference herein as though fully set forth in this. Section 1.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on 2nd day of'egr� uary , 1998.
ATTEST:
`�
City Clerk
REVIEWED AND APPROVED:
City A inistrator
RE PD AND APPROVED:
Direct ublic Works
Mayor
APPROVED AS TO FORM:
C)W/00y3-q,) �2 I
INITIATED AND APPROVED:
Fire Chief
SFA MOrdinanceNetricom
12/22/97 - 42
Ord. No. 3384
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council
at a regular meeting thereof held on the 20th of January, 1998, and was again read to
said City Council at a regular meeting thereof held on the 2nd of February,1998, and
was passed and adopted by the affirmative vote of at least a majority of all the members
of said City Council.
AYES: Julien, Harman, Green, Dettloff, Sullivan, Garofalo
NOES: None
ABSENT: Bauer
ABSTAIN: None
I, Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council, do hereby certify that a synopsis of this
ordinance has been published in the Independent on
.19
In accordance with the City Charter of said City
Connie Brockway City Clerk
City Clerk and ex-officio Cl c
of the City Council of the City
of Huntington Beach, California
G/ordinanc%ordbkpg
2/5/98
EXHIBIT #1
FRANCHISE AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND METRICOM, INC., TO INSTALL, OPERATE
AND MAINTAIN A "RICOCHET" WIRELESS DIGITAL
COMMUNICATIONS RADIO NETWORK
IN THE CITY PUBLIC RIGHT-OF-WAY
Table of Contents
Sectio FAge
1
Grant of Franchise
1
2
Term.
2
3
Scope of Franchise
2
4
Franchise Fee
2
5
City Review and Approval of Construction Plans
for Installation of Radios
3
6
Pole Fees
4
7
City Access Rate
5
8
Taxes
6
9
Business License
6
10
Modification of the Radios .
6
11
Construction Permit .
7
12
Indemnification and Waiver
8
13
Insurance
8
14
Books and Records
8
15
Most Favored Nations
8
16
Cash Deposit or Other Security
9
17
Liquidated Damages
.9
18
Notices
.10
19
Miscellaneous
.11
. • • 6a�+..�e.s, iLo. 33�i
FRANCHISE AGREEMENT
BETWEEN THE CITY OF HUNTINGTON BEACH
AND METRICOM, INC., TO INSTALL, OPERATE
AND MAINTAIN A "RICOCHET" WIRELESS DIGITAL
COMMUNICATIONS RADIO NETWORK
IN THE CITY PUBLIC RIGHT-OF-WAY
'MaA4L
THIS AGREEMENT is made and entered into this y-ti, day of January 1998, by and
between the City of Huntington Beach, a California municipal corporation ("City") and
Metricom, Inc., a Delaware corporation ("Metricom") with principal offices located at 980
University Avenue, Los Gatos, California 95030.
Grant of Franchise. Pursuant to Chapter 12.48 of the Huntington Beach
Municipal Code ("Chapter 12.48"), the City hereby grants, and enters into this Franchise with
Metricom to install, operate and maintain a "RicochetTM" wireless digital communication radio
network in the City public right-of-way. "RicocheJm" means the RicochetTM Microcellular
Digital Network, a wireless microcellular digital radio communications network owned and
operated by Metricom. "Radio" means the radio equipment, whether referred to singly or
collectively, to be installed and operated by Metricom hereunder and more particularly described
in it A attached hereto. The radio equipment are to be attached to poles in the public right-
of-way consist primarily of "radio repeaters," which are a very low powered digital wireless
communications micro cellular radios certified by the Federal Communications Commission
operating in the license free (902-928 MHz) portion of the radio spectrum.
The Grant of this Franchise to Metricom includes any acquisition of an ownership interest
in Metricom by Vulcan Venture or its affiliates. Notwithstanding anything to the contrary in
SF/S SF-97AgreeNetricom
1222/97 - # 12
§ 12.48.060 of the Huntington Beach Municipal Code, the acquisition of additional equity
ownership in Metricom by Vulcan Ventures or its affiliates, including the presently pending
transaction announced October 13, 1997, will not constitute an assignment, transfer, or change in
control for which the City's consent is required for purposes of this Franchise Agreement.
2. Term. This Franchise is hereby granted by City to Metricom which shall
commence on 3�IL -, 1998 ("Effective Date"), and shall be for a term of five (5) years
from the Effective Date, unless it is earlier terminated by either party in accordance with the
provisions herein. The term of this Agreement shall be renewed automatically for up to two (2)
successive terms of five (5) years each, unless either Metricom or the City notifies the other party
Of its intention not to renew not less than thirty (30) calendar days prior to commencement of the
relevant renewal term. All renewals shall be on the same terms and conditions as set forth
herein, except that the Pole Fee shall be subject to adjustment as provided below.
3. Scope of Franchise. This Franchise shall be subject to Chapter 12.48 and
provisions of this Agreement. To the extent this Agreement conflicts with Chapter 12.48,
Chapter 12.48 shall control. All words used herein shall have the same definition as provided in
Chapter 12.48. Metricom shall comply with all applicable laws and Chapter 12.48 in the
exercise and performance of its rights and obligations under this Franchise.
4. Franchise Fee. Metricom shall pay the City's franchise fee in the amount of five
percent (5%) of its Gross Revenues. "Gross Revenues" means the gross dollar amount accrued
on Metricom's books for Services provided to its customers with billing addresses in the City,
excluding (i) this franchise fee, (ii) local, state or federal taxes collected by Metricom that have
been billed to the subscriber and separately stated on such bill, and (iii) revenue uncollectible
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SFAW-97AgreeNetricom
12/22/97 - # 12
from subscribers (i.e., bad debts) located in the City that were previously included in Gross
Revenues.
5. City Review and Approval of Construction Plans For Installation Of Radios.
(a) Metricom shall submit plans to the City Engineer describing any construction
program for installation of radios or similar major construction or reconstruction programs, at
least forty five (45) days before the start of construction. The plans shall be engineered to scale
and include the proposed location of the radios. The City Engineer shall have the power to
review and approve the plans for system upgrades and rebuilds to assure that they are consistent
with applicable statutes, ordinances, and regulations governing construction within the public
streets of City , including without limitation the encroachment permit ordinance, zoning
ordinances and traffic safety standards. Where such plans and specifications are not in
compliance with such statutes, ordinances, and regulations, Metricom shall modify or revise
such plans and specifications so as to achieve such compliance.
(b) At least forty five (45) days prior to submitting its building plans, Metricom shall
submit a request to the City Engineer for maps identifying the location of City -owned poles or
other City -owned property that are available for attachment of Metricom's radios. Within thirty
(30) days of receiving such a request, the City Engineer shall provide the maps requested.
(c) Metricom agrees to attach its radios to City -owned poles or other City -owned
property whenever possible, provided that such City -owned poles or other City -owned property
are at least equally suitable functionally for the operation of Metricom's radio network and the
fee associated with such attachment is equal to or less than the fee or cost to Metricom of
attaching to the alternative third -party -owned property.
SFAM-97Agree:Metricom
12/22/97 - # 12
0
E
6. Pole Fees. In addition to all other fees and taxes payable as a condition of this
Franchise, Metricom agrees to pay a per pole annual fee of sixty dollars ($60) pursuant to
Section 12.48.080(d) of Chapter 12.48. The initial annual pole fee shall be due and payable not
later than the date of installation of the first radio on a City -owned pole or other City -owned
property pursuant to the Franchise ("Installation Date"), and shall equal the number of radios
Metricom then estimates it will install on City -owned poles or other City -owned property during
the succeeding twelve (12) months multiplied by the annual fee. The Pole Fee for subsequent
years shall be due and payable not later than thirty (30) days following each anniversary of the
Installation Date and shall equal the number of radios then installed on City -owned poles or other
City -owned property pursuant to the Franchise, multiplied by the annual fee, adjusted for the
prior year adjustment, as described below. The prior year adjustment shall either increase or
decrease a subsequent year's Pole Fee to account for the installation or removal of radios during
the prior year, and shall equal the difference between (i) the number of radios used to calculate
the prior year's Pole Fee multiplied by twelve (12), and (ii) the actual number of radio months
which occurred during such year, multiplied by one twelfth (1/12) of the Pole Fee.
The Pole Fee shall be increased effective January of the first year of each renewal term
hereof based on the percentage change in the U.S. Department of Labor, Bureau of Labor
Statistics, Consumer Price Index of all items, Base 1982-1984, for the Los Angeles -Anaheim -
Riverside, California area which occurred during the previous term or renewal term.
4
SFAW-97AgreeNctricom
12/10/97 - N 12
7. City Access Rate.
(a) City Access Program Subscription Rate. City shall have the right
throughout the term of this Franchise to purchase a number of subscriptions based upon the
City,.'s population, up to the maximum number set forth below, to RicochetTM Basic Service
Subscriptions when such service is commercially available in the City at the rate of fifty percent
(50%) of the regular Basic Service Subscription rate as current from time to time. The number of
subscriptions which the City may purchase at the City Access Program rate shall be determined
in accordance with the City's official population, as shown on the latest available census data, as
follows: (a) for cities with a population of less than 100,000, up to a maximum of twenty (20)
discount subscriptions; (b) for cities with a population of 100,000 to 249,000, up to a maximum
of thirty (30) discount subscriptions; (c) for cities with a population of 250,000 to 500,000 up to
a maximum of forty (40) discount subscriptions; and (d) for cities with a population of over
500,000, up to a maximum of fifty (50) discount subscriptions. City understands and agrees that
Metricom's modems and equipment required to utilize the discounted subscriptions and any
additional service subscriptions or service options the City may desire are expressly excluded
from this special City Access Program rate and may be obtained from either Metricom or an
authorized retailer at market rates current from time to time or under other promotional programs
which may be available from time to time in addition to the City Access Program rate. City shall
use all subscriptions provided pursuant to this subsection solely for its own use and shall not be
entitled to resell, distribute, or otherwise permit the use of the same by any other party.
5
SFAM-97Agree:Metricom
12/10/97 - # 12
•
(b) License Restrictions. City shall use all subscriptions and equipment
provided pursuant to this Section 6 solely for its own use and shall not be entitled to resell,
distribute, or otherwise permit the use of the same by any other party.
Taxes. Metricom acknowledges and agrees that its services may be subject to the
City Utility Users Tax pursuant to Chapter 3.36 of the Huntington Beach Municipal Code
("HBMC"). Metricom agrees to collect the tax from service users and remit such tax to the City
in accordance with HBMC Chapter 3.36 upon City determination that Metricom's. services are
subject to the Tax.
9. Business License. Metricom shall obtain an annual City business license prior
to the Effective Date and maintain the same throughout the term of this Franchise.
10. Modification of the Radios.
(a) If the size, weight and power of the radios including the radio repeaters,
change in a material way from those described in Exhibit A, Metricom shall notify the City in
writing as soon as practicable and specify the change and reasons therefore. Such notice shall be
served at least thirty (30) days prior to the effective date of any material change in the size,
weight and power of the radios. Such change shall permit City Council to reopen, review and
modify the Franchise if the change materially alters the scope of the Franchise.
(b) The City further reserves the right to modify the service voltage delivered
to or at any street light pole or utility pole on which a radio may be located. Metricom shall
replace or modify any radio that will be affected by such voltage modifications with ten (10)
days of receiving notice of voltage modifications. In the event that Metricom fails to replace or
modify any radio within the ten (10) day notice period before the voltage modification, the City
6
SFAM-97AgreeNetricom
12/10/97 - # 12
may disconnect any such radio until Metricom performs and completes the necessary work and
advises the City accordingly.
11. Construction Permit.
(a) Metricom agrees that the Franchise is subject to all applicable permits as
required by law and the HBMC.
(b) Metricom acknowledges that the City may develop rules, regulations, and
specifications for the attachment, installation, and removal of radios on the City owned facilities,
including poles, and such rules, regulations, and specifications, when finalized, shall govern
Metricom's activities hereunder as if they were in effect at the time this Franchise was executed
by the City; provided, however, that in no event shall such rules, regulations or specifications
materially interfere with or affect Metricom's right to install radios, or Metricom's ability to
transmit or receive radio signals from radios installed, pursuant to and in accordance with this
Franchise, or materially increase Metricom's obligations under this Franchise.
(c) Metricom shall be available to the staff employees of any City department
having jurisdiction over Meticom's activities 24 hours a day, seven (7) days a week, regarding
problems or complaints resulting from the attachment, installation, operation, maintenance, or
removal of the radios. The City may contact, by telephone, the network control center operator
at telephone number (800) 556-6123 regarding such problems or complaints. Metricom shall
notify the City prior to any changes in this telephone number.
(d) To the extent the City has actual knowledge thereof, the City will attempt
to inform Metricom of the displacement of any City owned pole or other property on which any
radio is located.
7
SFAM-97Agree:Metricom
12/10/97 - # 12
12. Indemnification and Waiver. Consistent with Section 12.48.140 of Chapter 12.48,
Metricom agrees to indemnify, protect, defend (with counsel acceptable to the City) and hold
harmless the City, its council members, officers, employees and agents, from and against any and
all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and
judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and
cleanup actions of any kind, all costs and expenses incurred in connection therewith, including,
without limitation, reasonable attorney's fees and costs of defense (collectively, the "Losses")
arising, directly or indirectly, in whole or in part, out of the activities or facilities described in
this Franchise, except to the extent arising from or caused by the active negligence of the City, its
council members, officers, employees or contractors.
13. Insurance. Metricom agrees to obtain and maintain at all times during the term of
this Franchise insurance coverage as specified by Chapter 12.48.
14. Books and Records. Metricom shall keep accurate books of accounts pursuant to
Section 12.48.080 of Chapter 12.48 at its principal office in Los Gatos, California or such other
location of its choosing within the State of California.
15. Most Favored Nations. Should Metricom enter into an agreement with
another similarly situated jurisdiction of the same size or smaller as City in the Los Angeles,
Orange or Riverside County, California containing financial benefits for such jurisdiction which,
taken as a whole, are substantially superior to those in this Franchise, City shall have the right to
require that this Franchise be modified to incorporate the same or similar benefits and such other
terms. Metricom shall supply copies of relevant agreements upon written request by the City.
The benefits of such superior agreements shall be made available to City and become effective
SFAM-97Agree:Metricom
12/ 10/97 - # 12
1]
•
on the date Metricom receives the City's request for such superior agreement with such other
jurisdiction.
16. Cash Deposit or Other Security. Prior to the commencement of any work
under this Franchise, Metricom-shall furnish or cause to be furnished to City the following
security for the purpose of securing the faithful performance by Metricom of all the work,
construction, installation, and other obligations required to be performed by Metricom under this
Franchise, within the time periods set forth in this Franchise: (i) a performance bond in the
amount of Three Thousand Dollars ($3,000.00); and (ii) a letter of credit in the amount of One
Thousand Dollars ($1,000.00). Should the City draw upon this cash deposit pursuant to Section
12.48.050 of Chapter 12.48, then Metricom shall replenish the deposit within fourteen (14) days
of the draw down.
17. Liquidated Damages. The City and Metricom agree that as of the time of the
grant of this Franchise, it is impractical, if not impossible to reasonably ascertain the extent of
damages which will be incurred by City as a result of a material breach by Metricom of its
obligations under this Franchise. Accordingly, City, through its City Administrator, Council or
a hearing officer, may, in its discretion, assess liquidated damages for the following:
(1) Up to two hundred dollars ($200.00) for each day of each material
breach, not to exceed six hundred dollars ($600.00) for each occurrence
of material breach;
(2) For a second material breach of the same nature occurring within
12 months where a fine or penalty was previously assessed, up to four
hundred dollars ($400.00) for each day of each material breach, not to
9
SUS SF-97Agree:Metricom
12/10/97 - # 12
U
exceed twelve hundred dollars ($1,200.00) for each occurrence of the
material breach;
(3) For a third or further material breach of the same nature occurring
within those same 12 months, where a fine or penalty was previously
assessed, up to one thousand dollars ($1,000.00) for each material
breach, not to exceed three thousand dollars ($3,000.00) for each
occurrence of the material breach.
Prior to assessing any liquidated damages against the Metricom, City shall have provided
Metricom with notice and opportunity to cure in accordance with the provisions of Chapter
12.48.
The City and Metricom acknowledge and agree that the above -described liquidated
damages provisions represent a reasonable sum in light of all of the circumstances. Said
liquidated damages sums shall be applicable to each calendar day of delay following expiration .
of the 30-day notice period provided above during which Metricom has been found by the City
Council to be in material default pursuant to this Section.
18. Notices. All notices which shall or may be given pursuant to this Franchise shall
be in writing and delivered personally or transmitted: (i) through the United Stated mail, by
registered or certified mail, postage prepaid; (ii) by means of prepaid overnight delivery service;
or (iii) by facsimile transmission, if a hard copy of the same is followed by delivery through the
United States mail or by overnight delivery service as just described as follows:
10
SFAM-97AgreeNctricom
12/10/97 - # 12
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn: Fire Chief
Metricom, Inc.
Metricom, Inc.
980 University Avenue
Los Gatos, CA 95030
Attn: Property Manager
Notices shall be deemed given upon receipt in the case of personal delivery, three
(3) days after deposit in the mail, or the next day in the case of overnight delivery. Either party
may from time to time designate any other address for this purpose by written notice to the other
party in the manner set forth above.
19. Miscellaneous.
(a) This Franchise and Chapter 12.48 contain 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 Franchise which are not fully expressed herein.
(b) This Franchise may not be amended except pursuant to a written
instrument signed by both parties pursuant to Chapter 12.48.
(c) This Franchise shall be governed and construed by and in accordance with
the laws of the State of California and the HBMC, without reference to its conflicts of law
principles. In the event that suit is brought by a party to this Franchise, the parties agree that trial
of such action shall be vested exclusively in the state courts of Orange County, California, or in a
United States District in Orange County, California.
(d) All exhibits referred to in this- Franchise and any addenda, attachments,
and schedules which may, from time to time, be referred to in any duly executed amendment to
11
SF/s:SF-97Agree:Metricom
12/10/97 - # 12
this Franchise are by such reference incorporated in this Franchise and shall be deemed a part of
this Franchise.
hereon.
(e) This Franchise is binding upon the successors and assigns of the parties
(f) In any case where the approval or consent of one party hereto is required,
requested or otherwise to be given under this Franchise, such party shall not unreasonably delay
or withhold its approval or consent.
METRICOM, INC. a CITY OF HUNTINGTON BEACH,
Delaware corporati n ainunicipal c7a'
of the
0 1
By:
Mayor
Wit 3i 2m D- a�I
(print name) ATTEST:
Its: .(circle one) Chairman/PresidenWice President I
AND City Clerk
.By:. �Q�u - APPROVED AS TO FORM:
\/ontssa A WA~
(print name)
Its: (circle one) Secretary/Chief Financial Officer/
Asst. Secretary -Treasurer
REVIEWED AND APPROVED:
City Adreinistrator
12
SFAM-97Agree:Metricom
12/10/97 - # 12
City Attorney
��;33-9� 12/Z
INITIATED AND APPROVED:
ire Chief % /L—F7- r
` Director
►b
orks
EXHIBIT A
[DESCRIPTION AND DIAGRAM OF RADIOS]
ND VIEW
TOP VIEW
.0
am .
9w vuiv=mlty w,r-
Lot Gmw& CA 9-UM
Poletop Radio
Mounting
r
0
EXHIBIT A-2
EXHIBIT B
[PROPOSED RADIO LOCATIONS]
PROPOSED LOCATIONS TO BE PROVIDED
AFTER REVIEW OF STREET LIGHT MAPS
AND PRIOR TO DEPLOYMENT
01/12/98 MON 16:30 FAX 415 989 9923
AQORA li
vRonIICER
Woodruff -Sawyer & Co.
220 Bush Street
7th Floor
San Francisco, CA 94104
IH�II Metricom Inc. 00.'45
Metricom DC, LLC " - 9' �
980 University Avenue
Los Gatos, CA 95030-2375 I J� 0"'t ` '
WOODRUFF SAWYER
THIS CERTIFICATE IS ISSUED AS A
ONLY AND CONFERS NO RIGHTS
HOLDER. THIS CERTIFICATE DOES
ALTER THE COVERAGE AFFORDED
COMPANY
A ChubbNigilant Ins. Co.
COMPANY Chubb/Federal Ins. Co.
COMPANY
C St. Paul Guardian
F1 c DµY
002
DATE (IWIDOIYY)
OV12M
MATTER DF INFORMATION
UPON THE CERTIFICATE
NOT AMEND. EXTEND OR
,..,:..I.—.: ....J- 1" f_i :i.n ........ �:::' .�.... :,. 1�:-:'::.::^[51l•�..:-..::Jill Yla:�li:-::�:Y:uW... '+...o.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR 1 HE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REOUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT'-O ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEI) BY PAID CLAIMS.
co LTTR TYPE OF INSURANCE POLICY NUMBER DATE �� vFFECTM DATE ICY MunRATM u wTs
A awmamL LiAmurY 35291948 09/30M 09/30/98 GENERAL AGGREGATE S 1,000.00
COMMERCIAL GENERAL LIABILITY PRODUCTS - COMNOP ACG E m OOt
CLAIMS LIADE a OCCUR PERSONAL & ADV INJURY $ 1.00 001
OWNER'S 6 OONTRACTO" PROT EACH OCCURRENCE S 1. 0M
RRE DAMAGE Any ens fin -) $ 1 ()DI
AUTOMOBILE LIABILITY
A
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
Ili
HIRED AUTOS
X
NON -OWNED AUTOS
GARAGE LIABILITY
I ANY AUTO
EXCESS LIABILITY
7 UMBRELLA FORM
C WORKERS COMPENSATION AND
EMPLOYERS' LIABIUTY
THE PROF"ETOR/ INCL
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCI
OTNER
73164541
WVA9400567
09/MM { 09/30/98
09/30/97 1 09/30/98
MID EXP (Any one person) S 10
COMBINED SINGLE LIMIT $ I'Mo1000
BODILY INJURY
s
(Per Peron)
BODILY INJURY
S
(Per accklent)
PROPERTY DAMAGE
S
AUTO ONLY • EA ACCIDE JT
S
OTHER THAN AUTO ONE• ••
EACH ACCIDENT
S
AGGREGATE
S
EACH OCCURRENT
S
AGGREGATE
I S
WGS ATU Max x I]TH
0-1
EL EACH ACCIDENT 1 $ 1.000.000
!L UIStp{J! - /lAl(.1 (lI N 1
EL DISEASE • V EMPLOYEE S 1.000.000
APPROVEt AS T� �;��►i
All ul IT 04, City Attorney
wnoN of OPURATION&IOCATIONS,YE„ CLcwsmCLAAL ITEMS g Deputy U"Y HLL"111�'
The City of Huntington Beach, its officers, employees, agents and y
contractors are named as Additional Insured/Lessor as respects the license
agreement with Metricom per attached endorsement #4002004 attached.This
IF1CAgH01:D I I . FT l c'rl I ANCEL
TEATIO`� ef7Yay I'pdicefor Nun,PB�t�gtS a J�
SHOULD ANY OF THE ABOVE DR&CRIBED POLICIES BE CANCELLED BEFORE THE
City of Huntington Beach EMRATION DATE THEREOF. THE IS"Q WUPAHY PILL M=MKDM MAIL
Attn: Michael P. Dolder -30-- oAYs wmrrr-x NOTICE To THE cE;mFTCATE No mm NAMED To THE LEFT,
Huntington Beach Fire Depart. BUT FAuuRE TO MAIL SUCH NOTICE SHALL IMPOSE NC OBLIGATION OR UABUM
2000 Main Street OF AW HUntington Beach, CA 92648 A momm p� UPONco P AOENT7: oN RslReseNTATTVEa
007815 F1
INSURED: Metricom Inc.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS - (Continued):
insurance is Primary as respects General & Auto Liability.
APPROVED AS TO FORM
GAIL HUTTON, DtY r,!'�,'r°Y
By- Deputy Ci ,
u9/22/97 MON 09 : 39 F.l 415 39 -, A; 7 5 CH BB & SON •
#40-02-0004
Commercial Insurance
Coverage
Amendment effective 09/30/97
WHO IS INSURED: THE WHO 15 INSURED PROVISION IS AMENDED TO INCLUDE
AS AN ADDITIONAL INSURED THE PERSON OR ORGANIZATION DESIGNATED
BELOW, INCLUDING ELECTED OR APPOINTED MEMBERS, OFFICERS AND EMPLOYEES,
BUT ONLY WITH RESPECT TO THE COMMERCIAL GENERAL LIABILITY PROVIDED
BY THIS POLICY AND ARISING OUT OF THE OP=_RATIONS OF THE NAMED INSURED
IN CONNECTION WITH THE AGREEMENT FOR WORK PERFORMED BETWEEN THE
NAMED INSURED AND THE PERSON OR ORGANIZATION DESIGNATED BELOW.
IT IS FURTHER AGREED, THIS INSURANCE IS PRIMARY OVER ANY OTHER
COLLECTIBLE INSURANCE ONLY AS RESPECTS THE OPERATION OF THE NAMED
INSURED.
ANY MUNICIPALITY RE:;UIRED TO BE NAMED BY ANY CONTRACT OR ACRE=P1ENT,
PROVIDED SUCH CONTRACT OR AGREEMENT IS EXECUTED PRIOR TO ANY LOSS,
AND ONLY AS RESPECTS OPERATIONS OF OR ON BEHALF OF THE NAMED INSURED.
App;OVED AS TO FORM
GAIL HU'H ON, City r:ttomey
City
j6;
i
5C/"
her te_rns and conditions remain unchLanged.
d Insured: METRICOM, INC.
Number: 3529 19 4e
Producer: WOODRUFF -SAWYER & CO.
SAN FRANCI-CO CA —
09/22/97.10 /EEC
!®002
0 0
RCA ROUTING SHEET
INITIATING DEPARTMENT:
Fire /Public Works
SUBJECT:
Ordinance Granting Metricom a Franchise Agreement to
Install, Operate and Maintain a Wireless Radio Network.
COUNCIL MEETING DATE:
January 20, 1998
RCA ATTACHMENTS_ STATUS
Ordinance (w/exhibits & legislative draft if applicable)
Attached
Resolution (w/exhibits & legislative draft if applicable)
Not Applicable
Tract Map, Location Map and/or other Exhibits
Not Applicable
Contract/Agreement (w/exhibits if applicable)
(Signed in full by the City Attorney)
Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney)
Not Applicable
Certificates of Insurance (Approved by the City Attorney)
Attached
Financial Impact Statement (Unbudget, over $5,000)
Not Applicable
Bonds (If applicable)
Not Applicable
Staff Report (If applicable)
Not Applicable
Commission, Board or Committee Report (If applicable)
Not Applicable
Findings/Conditions for Approval and/or Denial
I Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
EXPLANATION. FOR RETURN OF ITEM `
CITY OF HUNTINGTON BEACH
2000 MAIN STREET
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
CALIFORNIA 92648
CITY CLERK LETTER OF TRANSMITTAL REGARDING ITEM APPROVED BY THE
CITY COUNCIUREDEVELOPMENT AGENCY APPROVED ITEM
DATE: F�e/e u fI'R / ( , / 9 `7
TO: 1W T,e% CAD MJ T77C.
Name �7 Gfil// YL—�J/'rfJ A42224 LE
dS afrn, T
City, State, Zip
ATTENTION: Pwoz EiP T "".7a e•,/
DEPARTMENT:
REGARDING:
See Attached Action Agenda Item a-1-4 Date of Approval c� 9
Enclosed For Your Records Is An Executed Copy Of The Above Referenced Item For Your Records.
&A2 ' & 4'7�'
Connie Brockway
City Clerk
Attachments: Action Agenda Page ✓ Agreement
RCA Deed
Remarks:
✓ Bonds
Other
Insurance
✓
CC: `S �4�e� �I�yV
196Etiv
10� c-
' e Department
RCA/
Agreemeryt
Insuranc
Other /
Nacpy Department
RC
Agreement
Insurance
Other
Name Department
RCA
Agreement
Insurance
Other
Risk Management Department Insurance Copy
G:Follo«vp/agrmts/transltr
1 Telephone: 714-536-5227 )
(9) 02/02/98 - Councli enc A e 9
g Y Agenda - Page
G-1 B. (City Council) Adoption Of Ordinance No. 3384 -_Grants Franchise To Metricom
Inc. To Install, Operate & Maintain Wireless Digital Communications Radio
Network In City Public Rights -Of -Way (600.45)- Adopt Ordinance No. 3384 - "An
Ordinance of the City of Huntington Beach Granting a Franchise to Metricom, Inc. to
Install, Operate and Maintain a "Ricochet "Wireless Digital Communications Radio
Network in the City Public Right -Of -Way." (Introduction Approved 1/20/98)
Recommended Action: After City Clerk reads by title, adopt Ordinance No. 3384,
by roll call vote.
[Adopted 6-0 -- Bauer. Absent]
G-1C. (City Council) Ado-Dtion Of Ordinance No. 3385 - Relatina To Smokina In Places Of
Employment (640.10)- Adopt Ordinance No. 3385 - "An Ordinance of the City of
Huntington Beach Amending Chapter 9.08 of the Huntington Beach Municipal Code
Pertaining to Smoking Regulations." (Introduction approved 1/20/98) Submitted by the
City Attorney
Recommended Action: After City Clerk reads by title, adopt Ordinance No. 3385,
by roll call vote.
[Adopted 6-0 -- Bauer. Absent]
G-2. Ordinances For Introduction
G-2A. (City Council) Approve Introduction Of Ordinance No. 3386 - Zonina Text
Amendment No. 98-1 - Repealing Chapter 17.10 Of The Huntington Beach
Municipal Code Pertaining To Property Maintenance And Adding Chapter 17.10 To
Be Designated As The Huntington Beach Nuisance Code - (640.10) Approve
introduction of Ordinance No. 3386 - "An Ordinance of the City of Huntington Beach
Repealing And Replacing Chapter 17.10 Of The Huntington Beach Municipal Code
Pertaining To Property Maintenance and Adding Chapter 1.7.10 to be Designated as the
Huntington Beach Nuisance Code." Submitted by the Community Development
Director, Acting Assistant City Administrator -Fire Chief. and the Police Chief.
Recommended Action: After the City Clerk reads by title, approve introduction of
Ordinance No. 3386, by roll call vote.
[Introduction Approved 6-0 -- Bauer. Absent]
H.
(City
Council/Redevelopment
Agency)
Council/Agency Agenda Items
H-1.
Submitted
By Council/Agency
Member
Pam Julien
(City Council ) Request For MSI Report To Contain Information On Full Recovery
Costs For Response To Police/Fire Department False Alarms (600.10)
Communication from Councilmember Julien requesting a report relative to the costs to
the city and citizens of response to false alarms
Recommended Action: The City Council direct staff to review the full recovery cost
for responding to Police/Fire Department false alarms and present this information to
Council along with the MSI Report.
[Approved 6-0 -- Bauer. Absent]
(9)