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HomeMy WebLinkAbout1997-04-24 City Council (8)City of Palo Alto C ty Manager’s Report TO:HONORABLE CITY COUNCIL FROM:CITY MANAGER DEPARTMENT: PUBLIC WORKS DATE:APRIL 24, 1997 CMR:216:97 SUBJECT:PERMIT WITH BROOKS FIBER COMMUNICATIONS OF SAN JOSE, INC.FOR THE INSTALLATION OF FIBER OPTIC CONDUITS REOUEST This is an informational report on a permit to be issued to Brooks.Fiber Communications of San Jose, Inc. (BFCSJ, Inc.) for the installation of approximately 13,930 lineal feet of fiber optic cable within conduit under certain sidewalks and streetsin eastern Palo Alto. POLICY IMPLICATIONS BFCSJ, Inc. is a telephone corporation as def’med in Public Utilities Code Section 234 and a public utility as def’med in Public Utilities Code, Section 216, with the legal right to access Palo Alto’s right-of-way. Although the law does not require BFCSJ, Inc. to obtain a city franchise, the City may regulate the location and manner of construction. However, the City cannot restrict or interfere with BFCSJ, Inc.’s right to construct or maintain its telecommunication lines. A permit will not preclude the City of Palo Alto from developing its own fiber optic communication system.: EXECUTIVE suMMARY Brooks Fiber Communications of San Jose, Inc. (BFCSJ, Inc.) has applied to the City for a permit to install a reliable, fully redundant telecommunications network in eastern Palo Alto for the purpose-of meeting voice, data, and other communication needs. As with the previous MFS and MCI permits, the City will require that BFCSJ, Inc. install the conduit under the sidewalk area and under the street at street crossings using directional boring methods. This trenchless technology minimizes adverse impacts to pedestrian and vehicular traffic. Also, based on previous recent projects, staff will require BFCSJ, Inc. to "pothole" frequently to identify the location of existing underground utilities and place the conduit below the elevation of existing utilities where practical. This will reduce the risk of conflict with, and .subsequent damage to, City-owned utilities. CMR:216:97 Page .1 of 3 The new route, wholly within commercial areas of the City of Palo Alto, will start at an existing subsurface telecommunication vault currently located on East Bayshore Road at Elwell Court. The route will proceed north on East Bayshore Road, past the City Municipal Service Center, to the north city limit line of Palo Alto with East Palo Alto. At the intersection of Embarcadero Road, this new line will branch out by going east on Embarcadero Road to Geng Road then turning north on Geng Road and terminate at 2400 Geng Road. Another branch will be installed from the existing trunk line on Fabian Way, previously installed by MCImetro in 1995. This new branch will start at an existing subsurface telecommunication vault located at the intersection of East Meadow and Fabian Way. It will then proceed west on East Meadow Drive and then north on East Meadow Circle. and terminate at 1020 East Meadow Circle. (See attached map). Precautions will be taken to ensure that trees and their root structures will not be impacted. An application for Architectural Review is being submitted to the City of Palo Alto Planning Department. Construction will be performed in accordance with City of Palo Alto standards. The permit is expected to be issued in early May 1997. Other permit conditions will include: Notification: BFCSJ, Inc. will provide a minimum of two written notices of the construction schedule to those addresses directly impacted by the work. In the event there is an outage or service break to the City of Palo Alto utilities, BFCSJ, Inc. will immediately notify the City of Palo Alto or responsible agency, so that steps can be taken to. notify any impacted customers. Liability: BFCSJ, Inc. will provide comprehensive general and automotive liability insurance. Indemnification: BFCSJ, Inc. will indemnify and hold harmless the City against any claims, demands, losses, damages, whether direct or indirect, including liability resulting from loss of service to any third party for any interruption to any telecommunication or other utility service. Bond: BFCSJ, Inc. will provide a performance bond in the amount of $50,000 to guarantee the faithful performance of sidewalk and street restoration work within City of Palo Alto right-of-way. FISCAL IMPACT Brooks Fiber Communications of San Jose, Inc. will be required to collect and distribute the telephone users tax to the City from its service users pursuant to the Palo Alto Municipal Code. BFCSJ, Inc. will also pay the City a fee for the Permit for Construction in the Public Street which covers City administration and inspection costs. CMR:216:97 Page 2 of 3 ENVIRONMENTAL ASSESSMENT An environmental assessment shall be performed as part of a review of the project by the Planning Department. ATTACHMENT M~ PREPARED BY: John A. Carlson, Acting Assistant Director of Public Works DEPARTMENT HEAD REVIEW: CITY MANAGER APPROVAL: JUNE City Manager S. ROBERTS CMR:216:97 Page 3 of 3 LOCATION MAP PALO ALTO, CA. LEGEND PROPOSED BROOKS