HomeMy WebLinkAboutStaff Report 4601City of Palo Alto (ID # 4601)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 4/29/2014
City of Palo Alto Page 1
Summary Title: Google Fiber Update
Title: Receive Update Concerning City Response to Google Fiber City
Checklist and Ongoing Negotiation of Google Fiber Hut License Agreement to
Cover Potential Location of Google Network Hut Equipment Facilities on City -
Owned Properties; Adopt a Resolution Prohibiting Disclosure of Certain Non -
Public Utilities -Related Information Retained by the City that is Subject to
California Public Records Act Exemptions
From: City Manager
Lead Department: IT Department
Recommendation
On February 19, 2014, Google announced it was considering the City of Palo Alto
(“City”) and thirty-three (33) other communities nationwide as potential candidates to
study for future Fiber Network deployment. Google provided the City with a Google
Fiber City Checklist (“Google Checklist” or, the “Checklist”), attached hereto as Exhibit
B, which sets forth a series of extensive information requests and conditions from
Google that must be satisfied by the City by May 1, 2014. In connection with the
Google Checklist effort, Staff recommends that the City Council:
1.Receive an update concerning the City’s response to the Checklist.
2.Receive an update concerning the City’s ongoing negotiations with Google Fiber
Company (also referred to as “Google” herein) of a Google Fiber Network Hut
License Agreement, to cover the potential future location of Google “Network Hut”
equipment facilities on city-owned properties, with specific site locations for such
Network Hut(s) to be determined later. Descriptions of Google’s Network Huts are
available in Exhibit C and Exhibit D attached to this Staff Report.
3.Adopt a Resolution (Exhibit A) prohibiting disclosure of certain non-public utilities-
related information retained by the City that is subject to California Public Records
Act exemptions.
ITEM # 7
City of Palo Alto Page 2
Background
Over the last few years, gigabit-speed broadband service has moved from idea to
reality, with dozens of communities evaluating strategies to entice third parties to build
next-generation communication infrastructure, including all-fiber networks capable of
delivering ultra high-speed broadband and other services to homes, businesses and
anchor institutions such as schools. Consumers are increasingly interested in fast,
reliable and reasonably priced access to broadband services. To that end, Google is
currently contemplating offering high-speed Internet services to Palo Alto and thirty
three (33) other cities to expand Google Fiber beyond Kansas City, Kansas, Kansas City
Missouri, Austin, Texas and Provo, Utah.
According to Google, its Checklist is based on a collection of best practices and
recommendations from the Fiber-to-the-Home Council Americas, the U.S. Conference of
Mayors and Gig.U, a group of leading research universities, in partnership with their
local communities, which are working toward accelerating the offering of ultra-high
speed network services to their communities.
Deployment of fiber networks are large construction projects which benefit from
advance planning and consideration of a number of local factors that could affect
construction, such as topography (e.g., hills, flood zones), housing density and the
condition of local infrastructure. As a result, the information and data the City supplies
in the response to the Checklist has the potential to be helpful to Google Fiber as it
studies new areas to build its networks, and to other providers that may be
contemplating similar expansions.
Discussion
Status Update: The City’s Response to the Google Checklist
On February 19, 2014, Google announced its plans to start “early discussions with 34
cities in 9 metro areas around the United States to explore what it would take to bring a
new fiber-optic network to their community.”1 Mountain View, Santa Clara, San Jose
and Sunnyvale are among those California cities, in addition to Palo Alto, that are
participating in the Google Checklist process. Since the Google announcement in
February 2014, a cross-departmental team led by the City’s Chief Information Officer
has been working to collect and review information and data responsive to the Google
Checklist’s requests. The following departments have been actively engaged in the
Google Checklist effort: City Manager, Administrative Services, City Attorney,
Development Services, Information Technology, Public Works and Utilities. Staff now
recommends that the City receive an update on the City’s progress in responding to the
Google Checklist in advance of the May 1, 2014 deadline.
1 Google’s description of its 34-city Fiber effort is available at: https://fiber.google.com/newcities/
City of Palo Alto Page 3
Google’s Proposal
The Google Checklist is an element of Google’s “two-part planning process.” Google will
use the Checklist to determine if a community is fiber ready. At the same time, Google
has indicated that it is undertaking its own study to evaluate costs, timelines and other
factors associated with building a fiber optic network in the thirty-four (34) communities
Google has selected. Cities must submit Checklist information by Google’s established
May 1, 2014 deadline. Google will endeavor to notify communities whether they have
been selected for a potential fiber build out by the end of 2014.
The Google Checklist Request
The Google Checklist requests that the City provide Google with the following categories
of information and data, including explanations about how City processes might differ
from Google’s preferred approach to construction, permitting and maintenance:
Category #1 – Provide information about existing infrastructure:
Gather and submit all required data asset requests as outlined in Google’s
comprehensive Data Request List (see Google Checklist Appendix 1A), which
includes a wide range of public information (e.g. parcel numbers, addresses) and
non-public information (e.g. underground utility routes).
Identify which infrastructure and/or data is not owned, operated or controlled by
the city.
Category #2 – Help ensure access to existing infrastructure (poles, conduits):
Provide a description of any existing state laws, local ordinances, and/or
commercial agreements that satisfy the attachment and use rights described by
Google.
Work with Google, as needed, to ensure that Google and other service providers
have access to these rights.
Category #3 – Help make construction speedy and predictable:
Review the Google Fiber Permitting, Construction, and Maintenance Proposal
(see Google Checklist Appendix 3A) and identify where the city’s current
practices differ from Google’s proposed approach.
If the city’s current practices do differ from Google’s proposed approach, please
explain why and outline ideas to accommodate a large network build with
accelerated timelines.
Upload the City’s existing permit application for our review.
Identify any local, city or state-wide requirements that may impact a network
build by reviewing and responding to Google’s list of Construction Constraints
List (see Google Checklist Appendix 3B).
Upload a final Network Hut License Agreement, as agreed upon between Google
Fiber and the City. Google provided the City with its preferred form of Network
City of Palo Alto Page 4
Hut License Agreement (see Google Checklist Appendix 3C). The terms of a the
Network Hut License Agreement are currently under negotiation between the
City and Google Fiber, and status of this item is discussed in greater detail
below..
City on Target to Complete its Response by May 1, 2014 Deadline
The City is on target to complete submission of all items requested under the Google
Checklist by the May 1, 2014 deadline with the exception of the hut agreement. The hut
agreement is currently in negotiation with Google and is targeted for a May 5
submission to City Council.
Public Information: The City has submitted all public information Google has
requested in response to Categories 1, 2 and 3 described above. These City
responses to the Google Checklist are available on the City’s website as follows:
http://www.cityofpaloalto.org/news/displaynews.asp?NewsID=2558&TargetID=2
68.
Confidential information. Any confidential or proprietary information requested
by Google will be provided under the terms of a NDA, following the City Council’s
adoption of the resolution prohibiting release of such confidential information, in
order to avoid waiver of such information’s exemptions under the California
Public Records Act.
Status Update: Network Hut License Agreement Negotiations
Google’s fiber network design requires the placement an estimated one to two “network
hut” structures at various locations throughout the City. Google has expressed a desire
to locate its Network Huts on City-owned property. Google’s Network Huts are a 12'
(wide) x 28' (length) x 10' (high) prefabricated concrete building that will contain the
electronic equipment that provides Internet and cable TV services for customers. They
must be located on sites that have at least 1400 square feet in area, which is an area
required for vehicle access. Each fiber hut will have two air-conditioning units mounted
to the side of the building, a back-up diesel generator and fiber-optic cable vaults.
Google needs access to its Network Huts 24 hours a day, seven days a week. Photos
and site drawings of Google’s proposed huts are attached to this Staff Report as Exhibit
C and ExhibitD.
As part of the Google Checklist process, Google asked the City to (1) consider locating
Google’s network huts on City-owned property; and (2) agree to Google’s preferred
Network Hut License Agreement between the City and Google Fiber Company by the
May 1, 2014 deadline. The Network Hut License Agreement is structured such that
specific city-owned locations for Network Hut(s) will be determined later, along with
applicable site specific terms and conditions.
City of Palo Alto Page 5
The City is currently engaged with Google in the negotiation of a Network Hut License
Agreement for Council consideration. Google’s preferred form Network Hut License
Agreement (see Google Checklist Appendix 3C) lacks many of the standard terms,
conditions and protections the City typically insists upon in its other contracts to best
protect the City’s interests. Google has also requested that Cities provide it with a
specific price and 20-year license term prior to City and Google’s potential agreement
on a specific Network Hut site, which Google proposes that the parties determine later.
The City has held discussions with Google staff concerning the Network Hut License
Agreement and staff has proposed changes to Google’s form Network Hut License
Agreement in an attempt to harmonize it with those terms and conditions the City
typically insists on to best protect City interests. At present, staff’s hope and intention
is to receive feedback from Google and return to Council with a Network Hut License
Agreement for Council consideration at the May 5, 2014 City Council meeting.
Prohibition Against Disclosure of Non-Public Utilities Information
The Google Checklist requests from the City a wide variety of non-public and
proprietary City and utilities-related infrastructure information that the City considers
protected against disclosure pursuant to exemptions to the California Public Records Act
(California Government Code sections 6254 and 6255). Pursuant to section 6254.5 of
the California Government Code, City disclosure of exempt information to one member
of the public, even under a non-disclosure agreement (“NDA”), can result in waiver of
the applicable Public Records Act exemption and require disclosure of that same
information to any other person who requests a copy.
To avoid waiver of the California Public Records Act exemptions applicable to the non-
public and proprietary City and utilities-related infrastructure data Google has requested
under the terms of an NDA, section 6254.5 requires that the disclosure of such
information: (1) not be required by law; and (2) that the disclosure be prohibited by
formal action of an elected legislative body of the local agency which retains the
writings.
Disclosure of the non-public City and utilities-related infrastructure information is not
required by law, and staff recommends that the Council approve a resolution prohibiting
disclosure of the following categories of information, except in accordance with the
terms of the attached resolution, in order to avoid waiver of California Public Records
Act exemptions when such information is provided to a member of the public under a
NDA:
- Location of Utility Poles
- Location of Streetlights
City of Palo Alto Page 6
- Detail of Utility Pole Wiring
- Underground Utility Routes
- Location of Sewer Manholes
- Location of Water Manholes
- Location of Utility Manholes
- Location of existing spare conduit for lease
- Location of existing dark fiber for lease
- Infrastructure Maintenance Plan
- Listing and locations of City-owned property for potential Network Hut sites
Consistent with and contingent upon the Council’s adoption of the attached resolution
prohibiting disclosure of confidential and proprietary City and utilities-related
infrastructure information, such information will only be available to Google in response
to the Google Checklist under the auspices of a NDA.
Timeline
Google has requested that the City provide its complete response to the Google
Checklist. From May 1, 2014, through the end of 2014, Google will review all city
submissions and endeavor to determine which cities will be considered for deployment.
Resource Impact
None in conjunction with the approval of the agreement.
Policy Implications
Relationship between Google Checklist Effort and other City Fiber Initiatives
The City’s submission of a response to the Google Checklist does not represent a
commitment, promise or guarantee with respect to the design or construction of a fiber
network by Google or any other provider. Indeed, the City of Palo Alto continues to
explore the possibility of extending its existing 41-mile fiber ring to include homes and
to evaluate beneficial wireless options for the city.2 As part of that evaluation, City staff
has appointed a Citizen’s Advisory Committee to assist with the evaluation of the
feasibility of building a city-wide, high-speed broadband fiber-to-the premises network
in Palo Alto. This effort is wholly unrelated to the City’s response to the Google
Checklist. The CAC’s work has proceeded separately, and in parallel with staff’s
activities related to completion of the City’s Google Checklist submission.
2 For a more detailed description of the City’s fiber initiatives, unrelated to the Google Checklist Effort, see, e.g.
Council Staff Report ID # 3914 (June 24, 2013); Staff Report ID # 4080 (Septe mber 17, 2013); Staff Report ID # 4203
(October 28, 2013); and Finance Committee Staff Report ID # 2097 (November 15, 2011).
City of Palo Alto Page 7
Network Hut License Agreement as Potential Template for other Providers
As noted above, staff is continuing to negotiate with Google regarding the Network Hut
License Agreement. If the City and Google reach agreement and Council approves a
Network Hut Agreement, other providers could insist that the City offer them similar or
identical provisions for their projects. Following San Antonio’s approval of a network hut
license with Google, AT&T secured a similar agreement with San Antonio in under a
month.3 AT&T just announced its intent to expand its own gigabit product in the Bay
Area, though the current expansion does not appear to include Palo Alto at this time.4
Scope of Google Fiber Service
In 2000, the City’s Utilities Department (CPAU) began to license “dark fiber” for
commercial purposes. CPAU’s fiber system has high market share and brand awareness
among commercial enterprises and other organizations that need the quantity and
quality of bandwidth provided by direct fiber optic connections. CPAU currently licenses
dark fiber service connections to approximately ninety (90) commercial customers.
Google has represented that its primary focus in connection with the Google Checklist is
the expansion of fiber to residential customers. Additional details concerning whether
Google has plans to expand beyond residential to commercial customers such as those
currently served by CPAU’s fiber system will likely emerge in more detail if Google elects
to proceed with an effort to bring fiber to Palo Alto.
Environmental Review
Provision of data in response to the Google checklist, and adoption of a resolution
prohibiting disclosure of non-public utilities-related data do not meet the California
Environmental Quality Act’s (CEQA) definition of a “project” under California Public
Resources Code §21065, thus no environmental review is required
Negotiations between the City and Google of a Network Hut License Agreement is
exempt from the California Environmental Quality Act (CEQA) under Title 14 of the
California Code of Registration Section 15061 (b)(3) because it simply establishes
boilerplate license terms. Once a particular site or sites are identified, staff will do
additional analysis to determine whether further environmental review is required.
EXHIBIT A: Resolution Prohibiting Disclosure of Proprietary and Confidential City and
Utilities-Related Information
EXHIBITB: Google Checklist
3 http://www.bizjournals.com/sanantonio/blog/2014/04/san-antonio-approves-lease-deal-with-at-t-
similar.html?page=all
4 http://www.mercurynews.com/business/ci_25608603/at-t-plans-expand-gigabit-internet-service-bay
City of Palo Alto Page 8
EXHIBIT C: Photos of Google Network Hut
EXHIBITD: Drawings of Google Network Hut
Attachments:
Exhibit C - Drawings of Google Network Hut (DOCX)
Exhibit D - Photos of Google Network Hut (DOCX)
Exhibit B - Google Fiber Checklist v2 (PDF)
Resolution Prohibiting Disclosure of Proprietary and Confidential City and Utilities-
Related Information (DOCX)
1
10486.docx
Form Subject to Updates and Changes Prior to Signature
EXHIBIT C
NETWORK HUT SPECIFICATIONS
Exhibit D
Google anticipates leasing city property to install one to two Network Huts to house its equipment. The
huts are 9’ H x 28’ W x 12’ D and need to allow 24/7 access by Google. Including access around the hut,
the footprint for each hut and enclosure is approximately 1,400 square feet. An example from Kansas
City can be seen below. The City can require screening.
Fiber Network Hut
There are two sizes of fiber cabinets, depending on the number of homes served. The small (288 port)
cabinet pictured below is 32” H x 16” W x 16” D and the large (567 port) cabinet is 32” H x 33” W x 16”
D. The cabinets would be placed in the public right of way near the residences being served. The
cabinets do not contain fans or motors and are therefore quiet. Google has indicated that the cabinets
can be painted different colors if desired.
Small Fiber Cabinet
Google Fiber
City Checklist
Updated February, 2014
Google fi be
Let's get up to speed.
Over the last few years, gigabit Internet has moved from idea to reality,
with dozens of communities working hard to build networks with speeds
up to 100 times faster than what most of us live with today. People
are hungrier than ever for faster Internet, and as a result, cities across
America are making speed a priority. Over the next few months, we'll be
working with your city, and 33 others, to explore the possibility of building
one of these high speed networks in your community.
This checklist document is written specifically for the cities we're currently
working with. But the items on this checklist are a collection of best
practices recommended by the Fiber to the Home Council, the Gig U
report and the U.S. Conference of Mayors and can help any fiber provider
or city that's thinking of building a new network.
These are such big jobs that advance planning goes a long way toward
helping us stick to schedules and minimize disruption for residents.
While your city works on completing these items, we're going to work
on a detailed study of local factors that could affect construction, like
topography (e.g., hills, flood zones), housing density and the condition of
local infrastructure.
Additionally, we will spend time talking with you during this process about
how city leaders can get residents ready for Google Fiber, particularly
those who don't currently use the Internet or have it at home. We want to
help make sure that everyone in the community can take advantage of this
opportunity.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 11
Google Fiber is also exploring the possibility of deploying Wi-Fi in future
Google Fiber cities. Requirements related to Wi-Fi are not included
in this checklist, but we will be discussing our Wi-Fi plans and related
requirements with your city as we move forward with your city during this
planning process.
We are excited about the possibility of bringing Google Fiber to your city
and look forward to working with you over the next few months.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 12
Key Dates
I Feb. 24th - Feb. 28th Cities meet with Google to review the checklist
in detail.
Feb. 24th May 1st Cities review and respond to tasks and
requirements on the checklist.
Google and cities will hold regular calls to
discuss progress and questions.
Google begins detailed studies in cities.
May 1st, Midnight PT Deadline for cities to respond to items on the
checklist.
May - End of 2014 Google evaluates completion of the items on
the city checklist and completes the detailed
study.
This process will take some time, but we hope
to have updates on which cities will get Fiber by
the end of the year.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 1 3
Fiber Ready Checklist
Building a new network is complex, and we will work with your city to make it quicker,
more efficient, and less disruptive to your community.
There are three core items on our fiber ready checklist.
• Provide information about existing infrastructure: We're asking your city to provide
accurate information about local infrastructure like utility poles, conduit and
existing water, gas and electricity lines so we'd know where to efficiently place every
foot of fiber.
• Help ensure access to existing infrastructure: We're asking your city to help ensure
that we, and other providers, can access and lease existing infrastructure. It would
be wasteful and disruptive to put up duplicate utility poles or to dig up streets
unnecessarily, when we could use existing poles or conduit.
• Help make construction speedy and predictable: We're asking your city to make
sure you have efficient and predictable permit and construction processes
appropriate for a project as large as a Google Fiber network build.
These three items are based on guidelines from the Fiber to the Home Council and the
U.S. Conference of Mayors and clear a path for anyone willing to build a fiber network.
We are not asking for any special treatment, tax incentives, or subsidies.
Item #1 — Provide information about existing infrastructure
As we work through our detailed studies and network
design, detailed infrastructure data helps us understand
where we can safely and efficiently place the fiber.
We ask that your city:
• gather and submit all required data asset requests as
outlined in the Data Request List (Appendix 1 A);
• identify which infrastructure and/or data is not owned,
operated or controlled by the city.
GOOGLE FIBER CITY CHECKLIST 1 FEB. 2014 1 4
Item #2 — Help ensure access to existing infrastructure.
Fiber providers need to string fiber along utility poles or bury
it underground in protective tubing called "conduit." It doesn't
make sense for each provider to install duplicate poles, or to
dig up streets multiple times where conduit already exists.
So, we're asking for your help to ensure that providers have
access to existing infrastructure. This makes the process
faster, more efficient, more cost effective and significantly less
disruptive.
We would like to see clear, predictable rules and reasonable terms for all providers
to attach fiber to any utility poles that are within the public right of way. Providers of
broadband Internet services, including IPTV, should have access to existing utility poles,
city -owned ducts and conduit, on nondiscriminatory terms, in exchange for reasonable
payment. Ideally, these terms would be at least equivalent to the rights made available
to traditional cable operators and telephone companies per the FCC's current rules.
These rights may already be covered by state law, local ordinances or other
agreements with infrastructure owners. If we cannot secure such rights, we may rely
on the city to provide these rights locally.
To complete this item, we ask that your city:
• provide a description of any existing state laws, local ordinances, and/or
commercial agreements that satisfy the attachment and use rights described
above;
• work with us, as needed, to ensure that Google and other service providers have
access to these rights.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 1 5
Item #3 — Help make construction speedy and predictable
The items we outline in this section will help ensure that the
construction process is predictable, fast, and as minimally
disruptive for your city as possible.
We'd like to discuss how your city's existing permitting and
construction process aligns with the scope and pace of the
construction of a Google Fiber network. With agreed upon
processes and timelines, we can keep construction schedules
predictable and moving along quickly while minimizing the burden on the city.
For permitting and construction, we ask that your city:
• review the Google Fiber Permitting, Construction, and Maintenance Plan (Appendix
3A) and identify if your city's current practices differ;
• if your city's current practices do differ, please explain why and outline ideas to
accommodate a large network build with accelerated timelines;
• upload your existing permit application for our review;
identify any local, city or state-wide requirements that may impact the pace of a
network build (Construction Constraints List - Appendix 3B).
Another important part of network design is determining where to place Google Fiber
network huts. City -owned sites generally make sense as hut locations because they are
zoned appropriately and dispersed throughout the city.
We would like to complete a Hut License agreement between Google Fiber and your
city. Please review the Google Fiber model Hut License (Appendix 3C) and let us know if
it will work for your city. Alternatively, please provide us with a form of agreement that
contains similar rights so we can discuss in more detail.
We will sign the Hut License Agreement and work together to identify locations for huts
during the network design process.
By the checklist deadline, we ask that your city:
• upload the final Hut License, as agreed upon between Google Fiber and the city.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 16
Fiber Ready Checklist
Item #1 — Provide information about existing infrastructure
O Gather and submit all required data asset requests as outlined
in the Data Request List (Appendix 1A).
O Identify which infrastructure and/or data is not owned, operated
or controlled by the city.
Item #2 — Help ensure access to existing infrastructure
O Provide a description of any existing state laws, local ordinances,
and/or commercial agreements that satisfy the attachment and
use rights described.
O Work with us, as needed, to ensure that Google and other
service providers have access to these rights.
Item #3 — Make construction speedy and predictable
O Review the Google Fiber Permitting, Construction, and
Maintenance Plan (Appendix 3A) and identify where your city's
current practices differ.
O If your city's current practices do differ, please explain why and
outline ideas to accommodate a large network build with accelerated timelines.
O Upload your existing permit application for our review.
O Identify any local, city or state-wide requirements that may impact a network build
by reviewing and responding to the list of Construction Constraints List (Appendix
3B) .
O Upload the final Hut License, as agreed upon between Google Fiber and the city.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 17
Additional Resources
Google Resources
Google Fiber - Network Overview
http://googlefiberblog.blogspot.com/2013/10/behind-scenes-with google-fiber-how-we.html
This Google Fiber blogpost gives a behind -the -scenes look at how we actually build
Google Fiber including a basic network overview.
Google Fiber Website - City Expansion FAQs
http://google.com/fiber/newcities
our website includes a set of FAQs about this checklist and process.
Third Party Resources
CTC Technology & Energy's Gigabit Communities
http.//www. ctcnet. us/wp-content/uploads/2014/01 /GigabitCommunities.pdf
This white paper reviews and suggests strategies for bringing broadband to a
community, including discussion of the checklist items outlined.
The Fiber to the Home Council community broadband toolkit
http://www. ftthcouncil. org/communitytoolkit
The Fiber to the Home Council has aggregated a range of resources in their community
broadband toolkit.
The Fiber to the Home Council white paper on facilitating access to infrastructure
http://www.ftthcouncilorg/p/cm/Id/fid=47&tid=79&sid=1249
The I -I I H Council has outlined their perspective in this short white paper: "State/Local
Gov't Role in Facilitating Access to Poles, Ducts, and Conduits in Public Rights of Way."
US Conference of Mayors
http://usmayors.org/resolutions/81st Conference/resolutions-adopted.pdf
Last year, the US Conference of Mayors passed a set of resolutions supporting
increasing broadband access.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 18
Gig.0 Strategies for a Gigabit
http://www.gig-u. org/cros/assets/uploads/2012/12/GigU-Fall-2013-Update.pdf
Gig.0 is working with a number of communities on gigabit networks and summarizes a
number of key strategies.
Sunlight Foundation Open Data Guidelines
http://sunlighybundation.com/openclataguidelines/
The Sunlight Foundation lists some suggestions that may be of use as you think
through data updating and potential open data initiatives.
KC Digital Drive Playbook
http://www.kccligitaldrive.corn
In anticipation of Google Fiber coming to Kansas City, MO and Kansas City, KS, the cities
created a 'playbook' for making the most of this opportunity.
Government Resources
Federal Communications Commission (FCC) documentation
http.//www.ecfr.gov/(CFR Title 47, Chapter 1, Subchapter C, Part 76, Subpart j)
The FCC has set up rules regarding equipment attachment. While the federal laws were
not drafted with today's broadband providers in mind, they are a good model of how
to determine reasonable terms and clear schedules for pole attachment process.
Federal Communications Commission's National Broadband Plan
http://www.broadband.gov/plan/
In its National Broadband Plan, the FCC estimated that the expense of obtaining
infrastructure permits and leasing pole attachments and rights -of -way can total 20% of
the entire cost of a fiber-optic network.
FCC's Broadband Acceleration Initiative
haps://www.fcc.gov/encyclopedia/broaciband-acceleration
The FCC has an ongoing Broadband Acceleration Initiative that is considering a range
of reforms at the national level.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 19
Appendix
Item #1 -- Provide information about existing infrastructure
1A: Google Fiber's Data Request List
Item #2 -- Help ensure access to existing infrastructure
2A: Examples of Existing Municipal Ordinances
Item #3 -- Make construction speedy and predictable
3A: Google Fiber Permitting, Construction, and Maintenance Plan
3B: Construction Constraints List
3C: Google Fiber's Model Hut License Agreement
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 1 10
Appendix 1A
Google Fiber Data Request List
Network Design & Fiber Route Planning
The data outlined below helps us determine how to most efficiently design our network
and where our fiber routes would go. This data also helps us identify any areas that
may require special consideration during our planning or construction process.
Addresses
Feature Type: geospatial point; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Physical Address (i.e. Street Name, Street Suffix/Prefix, Street #, Unit # (if
applicable) Zip Code, City Name)
• include multi -dwelling unit data with individual unit numbers where possible
• Address Type:
• (i.e. Apartment, Duplex, Triplex, Quadplex, Condo, Large Commercial Unit,
Small Business Unit, Office Building, Restaurant, Single Family Unit, Church,
Government, Vacant)
Streets
• Feature Type: geospatially correct polyline; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Street Name
Right of Way and Easements
• Feature Type: polygon; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Geo-reference
• Type of Right of Way or Easement
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 1A PAGE 1
City Boundaries
• Feature Type: polygon; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Jurisdiction name
Parcels or Lot Lines
• Feature Type: polygon; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Physical Address
• Parcel Type (i.e. government, school, park, etc)
• Easements (i.e. water, sewer, power, communications, etc)
• Rights of Way
Poles: city owned, operated or controlled
• Feature Type: point; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Pole function (i.e. communications and/or utility)
• Pole type (i.e. wood, concrete, steel, etc - or decorative)
• Pole height and class
• Pole ID
• Operating entity (i.e. traffic, water, power department, etc)
Streetlights
• Feature Type: point; shapefile (shp) or geodatabase (.gdb)
• Attributes Needed:
• Owner
• Pole height
• Pole ID
• Photocell: indicate y/n
• Bank -switched: indicate y/n
Overhead Strand (Guys and Anchors): city owned, operated or
controlled
• Feature Type: polyline; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Type (ie: primary, secondary, service, etc)
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 1A PAGE 2
Existing Underground Utility Routes
• Feature Type: polyline; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Type (i.e. primary, secondary, service, water, gas, other as available)
Manholes
• Feature Type: point; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Type (ie: sewer, water, utility)
• Depth
• Size
Operating entity (i.e. traffic, water, power department, etc)
Pavement Condition Index Score by Street (ASTM D6433)
• Feature Type: shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed
• City criteria for road repair in appropriate format
• Score by street OR streets with scores that trigger extensive restoration
Zoning
• Feature Type: polygon; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Zoning type
• Type description
Building Footprint
• Feature Type: polygon; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Physical Address
Minimize Disruption
The data below helps us minimize disruption during our construction process, as we
would like to avoid unnecessary digging. Where possible, we will lease existing spare
conduit or dark fiber and also try to coordinate with known construction projects. We
GOOGLE FIBER CITY CHECKLIST 1 FEB. 2014 1 APPENDIX 1A PAGE 3
ask for potential hut sites to explore options ideally suited for minimal impact on the
community.
Existing Spare Conduit Available for Lease
• Feature Type: polyline; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Location of existing conduit, preferably geospatially accurate data
• Size and number
Existing Dark Fiber Available for Lease
• Feature Type: polyline; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Type (i.e. 288ct, 144ct, etc)
• Fiber quality tests
Infrastructure Maintenance Plan (road and power)
• Feature Type: shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Street maintenance locations with extents and schedule
• Pole maintenance areas and schedule
Potential Hut Site Locations by Address
• Feature Type: point; shapefile (.shp) or geodatabase (.gdb)
• Attributes Needed:
• Type (i.e. fire station, police station, city property, substation, library, school,
pump station, water tank, etc)
• Note: we would need space to set a 12'x30' precast one-story aggregation non -
occupied building with surrounding space; approximate total 1400 sq ft.
GOGGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 1A PAGE 4
Appendix 2A
Examples of Existing Vunicipal Ordinances
Here are a few examples of local ordinances that have helped ensure access to
existing infrastructure for all providers.
Lee County, FL:
"To enhance the public convenience and to minimize the placement of poles and
wire holding structures within public ways, the franchisee shall enter into agreements
for the joint or common use of poles or other wire holding structures where poles
or other wire holding structures already exist for the use in serving the county or
serving the public convenience. Where reasonable terms and conditions cannot be
negotiated with the owners of such poles and wire holding structures, the franchisee
shall demonstrate the unreasonableness of the negotiations and terms, to the county
administrator's satisfaction, and request waiver of this provision." Ch. 20, § 22-70.13(h)
Anacortes, WA:
"A franchisee erecting or maintaining poles shall allow anyone constructing under
the authority of this chapter and the city, joint use of its poles upon payment of a
reasonable proportion of the cost of such poles installed and shall obey any order
issued by the city's director of public works relative to the joint use of poles." Title 5, Ch.
5.'1'1, § 5.'1'1.190(D)
Norfolk, VA:
'The director of public works shall have the right to designate a pole for the joint use of
the owner of such pole and other proprietors of lines, and to assign to each such joint
user a certain section thereof on such terms as may be agreed upon. In the event of
failure to reach such agreement, such director shall have the right to determine such
terms, and to revoke the permit for such pole, unless such determination is accepted
by the owner or proprietor thereof." Ch. 42, § 42-92(a)
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 2A PAGE 1
Mobile, AL
"It shall be the duty of the city electrician to so direct the placing, stringing and
attaching of wires upon poles erected in the streets and alleys of the city that the
same shall cause as little obstruction, either to travel in the streets or to the use
and enjoyment of private property, as possible, and to compel the joint use of poles
wherever practicable. In case the joint users of any such pole are unable to agree on
such joint use or the rental to be paid the owner of such pole for such use, the city
electrician shall fix such rate, which shall be binding upon the parties and companies
interested; provided, that either party may appeal from the decision of the city
electrician as to such joint use or the amount of rental to be paid for the use of such
pole for the privilege of attaching wires thereto, to the city council." Ch. 19, § 19-37
Port Townsend, WA
"A franchisee erecting or maintaining poles shall allow anyone constructing under the
authority of this master ordinance and the city, joint use of its poles upon payment
of a reasonable proportion of the cost of such poles installed and shall obey any
order issued by the public works director relative to the joint use of poles." Ch, 5.14, §
5.14.120(D)
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 2A PAGE 2
Appendix 3A
Google Fiber Permitting, Construction, and
Vaintenance Plan
This document details the ideal permit application, construction, and maintenance
processes for Google Fiber. We've found that this approach to permitting and
construction works well for a network build of this size.
As part of the checklist, we ask that your city review each of these items. In cases
where your city has different processes and requirements from those outlined, please
provide detailed notes on what the citys existing requirements or process are, so our
engineering teams can work collaboratively to create a process that will work at scale.
Permitting Process
Google Fiber's Process and Standards:
• We plan to submit all permit application material to you electronically.
• For underground construction, we plan on submitting plan view only.
• All responses, including approvals, should be sent back to Google Fiber
electronically.
• Permit applications will include the applicable area and the duration of at least one
hundred and eighty (180) days to complete the proposed installation.
• We would like the applicable area to be as large as possible, ideally covering the
entire city. If not, the applicable area should be a minimum of either:
• twenty -thousand (20,000) households
• three -hundred (300) route miles of underground installation.
We are looking for a response within ten (10) days of submitting the permit
application.
• If a permit application is not approved, we need to receive a detailed list of
alterations needed to get the permit approved.
• The city should provide Permit Application communication through a single point of
contact.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 3A PAGE 1
For Discussion:
• Do your city's process or standards differ from what is outlined? If so, please
provide detailed notes on your alternative requirements or process.
• Do you have any ideas or suggestions to improve efficiency, speed and
predictability of the permitting process with your city?
Uploads Requested:
• Please upload a standard form of permit application document that Google Fiber
will be expected to use.
• Please upload your city's standard Conditions of Permit Approval.
Construction Process
Google Fiber's Process and Standards:
• The prefered installation method may be shown on the plan view of the permit, but
will be determined by field conditions at the time of construction.
• Google Fiber will implement the city's standard traffic control plan at the time of
installation of the Google Fiber network.
• The underground construction methods may include but are not limited to micro -
trench, plow, open trench, directional bore and pneumatic bore.
• Twenty-four inch (24") horizontal separation from existing facilities will be
maintained during installation, except where existing obstructions, underground
congestion, or other reasons necessitate a lesser separation.
• Twelve inch (12") vertical separation from existing facilities will be maintained during
installation, except where existing obstructions, underground congestion, or other
reasons necessitate a lesser separation.
• Twenty-four (24") depth below existing grade will be maintained during installation,
except where existing obstructions, underground congestion, or other reasons
necessitate a shallower depth.
• When an open trench is utilized for construction in concrete or asphalt, a T -Cut
method will be utilized for restoration, except where this method is not practicable.
• A single, full sidewalk panel will be replaced when any portion of a sidewalk panel is
impacted, except by potholing.
• Pothole restoration will be limited to the circular area directly impacted by
potholing activity, including in sidewalk areas.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 3A PAGE 2
• We plan to maintain an as -built description of changes required during the course
of installation due to conditions on the ground. For proprietary reasons, Google
Fiber will provide a PDF version of the plan view as-builts of the underground
installation when required.
For Discussion:
• Do your citys process or standards differ from what is outlined? If so, please
provide detailed notes on your alternative requirements or process.
• Is there anything else we should know about your city as far as installation of
infrastructure goes?
Uploads Requested:
• Please upload your standard traffic control plan.
• Please upload other applicable specifications, for example those regarding:
• Utility System Engineering Design Manual
• Utility System Construction Standards
• Line -clearing and Tree -Trimming Service
• Arborist requirements for working around trees
• Please upload building code specifications. This is helpful as we plan for multiple
dwelling unit designs. Specifications requested:
• Fire Safety
• Electrical/Telecommunications Wiring
• Grounding
• Utilities
Maintenance
Google Fiber's Process and Standards:
For Google Fiber maintenance work activities, Google Fiber will provide forty-
eight (48) hours' electronic notice to the Right -of -Way Operator's maintenance
department before commencing planned work.
• Service wire to the home (drops) installation will be considered a maintenance
activity.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 3A PAGE 3
For Discussion:
• Do your city's process or standards differ from what is outlined? If so, please
provide detailed notes on your alternative requirements or process.
Uploads Requested:
Please upload documents setting out your standard maintenance notice requirements
and any other relevant documents regarding maintenance process or timing.
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 3A PAGE 4
Appendix 3B
Construction Constraints List
We'd like your help in identifying and determining ways to address any possible
local, city or state-wide rules or regulations that would slow or otherwise impact
construction. Please review and respond to the questions listed below.
Are there any rules or regulations regarding when work can be performed throughout the
year?
Please upload your tree -trimming regulations and outline any other information relevant to
tree -trimming.
Are there historical site regulations?
Are there landscaping requirements for new structures?
Are there any underground construction requirements beyond NESC standards?
Are there any other environmental factors?
Anything else that may impede or slow construction within your city?
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 3B PAGE 1
Appendix 3C
Google Fiber's Model Hut License Agreement
GOOGLE FIBER CITY CHECKLIST I FEB. 2014 I APPENDIX 3C PAGE 1
NETWORK HUT LICENSE AGREEMENT
This Equipment Housing License Agreement ("Agreement") is entered into by the municipal entity
("City") and the Google Fiber company ("Licensee") identified on the signature page of this Agreement.
City and Licensee agree to the terms and conditions set forth below.
1. Purpose. Licensee needs rights to occupy and use various real property sites that may be
owned by the City. The sites will be used for the purpose of constructing structures that will
house network equipment and fiber that are part of Licensee's fiber optic network ("Network
Hut"). The construction of each Network Hut will be based on the specifications described in
Exhibit A to this Agreement, which may be amended by Licensee.
2. Location of Sites for Network Huts. Licensee will identify and propose to the City the location
of various City owned sites. Licensee and City will work together to agree upon each site to be
used for each Network Hut. When Licensee and City agree upon specific sites, the parties will
complete and sign the form attached as Exhibit B to this Agreement ("Site Terms") for each site
("Network Hut Site"). The Site Terms include a legal description of the Network Hut Site, the
fees to be paid for use of the site and any other special terms or requirements applicable to the
Network Hut Site. Licensee's occupancy and use of each Network Hut Site will be subject to
this Agreement, including the terms set forth in the applicable Site Terms.
3. Licensee Rights and Obligations. City grants to Licensee the right to access, enter, occupy
and use each Network Hut Site at any time for the purpose of constructing, operating and
maintaining each Network Hut. City grants these rights solely to the extent it has such rights,
title and interest in to the Network Hut Site, without any express or implied warranties. Licensee
will obtain all applicable licenses, permits and other authorizations required to construct, operate
and maintain the Network Hut and offer Licensee's services. Licensee will construct the
Network Hut in accordance with all applicable laws and permitting requirements. Licensee will
use and maintain the Network Hut Site in accordance with all applicable laws and reasonable
requirements and will keep the site secure (based on applicable standards) and reasonably free
from debris, litter and graffiti.
4. Effective Date and Term. This Agreement is effective on the last date it has been signed by
both parties ("Effective Date"). The initial term of the Agreement is twenty (20) years from the
Effective Date. Following the initial term, this Agreement shall renew for successive two (2)
year periods unless City provides Licensee with written notice that it does wish to renew the
Agreement. City must provide such written notice at least ninety (90) days prior to any renewal
date of the 'Agreement.
5. Termination of Agreement or Site Terms. Licensee may terminate this Agreement or the Site
Terms for a specific Network Hut Site at any time with thirty (30) days written notice to the City.
City may terminate this Agreement in the event of a material breach of this Agreement by
Licensee and Licensee fails to cure the breach within sixty (60) days of receipt of notice from
City. City may also terminate the Site Terms for a Network Hut Site by providing a minimum of
one hundred eighty (180) days written notice to Licensee if the City determines that the
applicable Network Hut Site is needed for a compelling public purpose. Following such written
notice, City agrees to use its best efforts to find an alternative City owned site that Licensee may
use as a replacement. Upon any termination or expiration of this Agreement, in whole or in
relation to a particular Network Hut Site, Licensee will vacate premises and return site to its
1
Exhibit D - Network Hut License Agreement (V2).docx
Form Subject to Updates and Changes Prior to Signature
original condition other than removal of any concrete foundations.
6. Fees and Costs. Licensee agrees to pay to City the fees set forth in the Site Terms for each
Network Hut Site. The fees shall be paid on an annual basis for each Network Hut Site.
Licensee shall be responsible for all its costs associated with construction, operation and
maintenance of the Network Hut and Network Hut Site. Payments shall be delivered by
Licensee within forty-five (45) days of the payment due date agreed upon by the parties.
7. Indemnification. Licensee will defend and indemnify City, its officers, elected representatives,
and employees from any claims and liabilities related to any third party claim for property
damage, personal injury or death to the extent caused by Licensee or its contractors. Licensee
will have the right to control the defense of any such claim. If, in City's reasonable judgment, a
conflict exists between the interests of City and Licensee in such a claim, City may retain its
own counsel whose reasonable fees will be paid by Licensee.
8. Limitation of Liability. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES IN CONNECTION
WITH THIS AGREEMENT. THE PARTIES ACKNOWLEDGE THAT THIS LIMITATION SHALL
BE SUBJECT TO AND MAY BE LIMITED BY APPLICABLE STATE LAW.
9. Insurance. Licensee will carry and maintain general liability, workers compensation and other
customary types of insurance applicable to the use of Network Hut Sites. The insurance
coverage amounts shall be reasonably adequate based on the use of the Network Hut Sites and
shall be issued by insurers duly qualified to offer and bind coverage within the state where the
Network Hut Site is located.
10. Notice. All notices related to this Agreement will be in writing and sent to the address set forth
in each signature block to this Agreement. Notices are effective (a) when delivered in person,
(b) upon confirmation of a receipt when transmitted by facsimile transmission or by electronic
mail, (c) upon receipt after dispatch by registered or certified mail, postage prepaid, (d) on the
next business day if transmitted by overnight courier (with confirmation of delivery), or (e) three
(3) days after the date of mailing, whichever is earlier.
11. General Provisions. This Agreement is governed by the laws of the state where the Network
Huts are located. City will make the entirety of the rights set forth in this Agreement available to
other network -based providers of internet access and multichannel video programming services
in a non-discriminatory manner, including access to the City's infrastructure, poles, conduits,
assets and rights of way to the extent set forth in this Agreement, on rates, terms and conditions
that are as favorable as those the City provides to Licensee for the same access; recognizing
that the equivalent consideration afforded by other service providers may be different than what
Licensee is obligated to provide under this Agreement. Neither party will be liable for failure or
delay in performance to the extent caused by circumstances beyond its reasonable control.
This Agreement may not be assigned by Licensee without the consent of City except for
assignments to Licensee's affiliates or in connection with a merger, acquisition, sale of network
assets or similar transactions. This Agreement sets out all terms agreed between the parties
and supersedes all previous or contemporaneous agreements between the parties relating to its
subject matter. This Agreement, including any exhibits, constitutes the entire Agreement
between the parties related to this subject matter, and any change to its terms must be in writing
and signed by the parties. The parties may execute this Agreement in counterparts, including
2
Exhibit D - Network Hut License Agreement (V2).docx
Form Subject to Updates and Changes Prior to Signature
facsimile, PDF, and other electronic copies, which taken together will constitute one instrument.
Each party to this Agreement agrees to: (a) use electronic signatures; and (b) be subject to the
provisions of the U.S. E -SIGN Act (i.e., the Electronic Signatures in Global and National
Commerce Act (ESIGN, Pub.L. 106-229, 14 Stat. 464, enacted June 30, 2000, 15 U.S.C. ch.96).
LICENSEE: CITY:
(Authorized Signature) (Authorized Signature)
(Name) (Name)
(Title) (Title)
Address: 1600 Amphitheatre Parkway Address:
Mountain View, CA 94043
Date: Date:
3
Exhibit D - Network Hut License Agreement (V2).docx
Form Subject to Updates and Changes Prior to Signature
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Exhibit D - Network Hut License Agreement (V2).docx
Form Subject to Updates and Changes Prior to Signature
EXHIBIT B
NETWORK HUT SITE TERMS
1. Legal Description of Network Hut Site Location (describe below or attach legal
description).
2. Annual Fees:
3. Other terms or requirements applicable to Network Hut Site.
LICENSEE: CITY:
(Authorized Signature) (Authorized Signature)
(Name) (Name)
(Title) (Title)
Address: 1600 Amphitheatre Parkway
Mountain View, CA 94043
Date: Date:
Address:
Exhibit D - Network Hut License Agreement (V2).docx
Form Subject to Updates and Changes Prior to Signature
Not Yet Approved
1
140424 dm 0180040
Resolution No. _____
Resolution of the Council of the City of Palo Alto Prohibiting
Disclosure of Certain Confidential and Proprietary City and Utilities -Related
Information and Data
R E C I T A L S
A. The City is the only municipally-owned utility in California that operates its own
utilities including electric, fiber optic, natural gas, water and wastewater service.
B. The City also provides other important public services, including administration
and operation of the Regional Water Quality Control Plant, and construction and maintenance
of public facilities, streets, sidewalks and storm drains.
C. The City, in providing vital utility and other important City services, has the need
to acquire, compile and maintain confidential and proprietary information in various electronic
and paper formats, which include, but are not limited to the following types of information
(collectively, the “Confidential Information”):
1. Location of Utility Poles
2. Location of Streetlights
3. Detail of Utility Pole Wiring
4. Underground Utility Routes
5. Location of Sewer Manholes
6. Location of Water Manholes
7. Location of Utility Manholes
8. Location of existing spare conduit for lease
9. Location of existing dark fiber for lease
10. Infrastructure Maintenance Plans
11. Utility Customer Data
12. Listings and locations of certain City-owned property
D. The City has received requests from the public for Confidential Information.
E. The California Public Records Act (Cal. Govt. Code § 6250, et seq.) declares that
access to information concerning the conduct of the people’s business is a fundamental and
necessary right of every person in the state.
F. Notwithstanding the intent of the California Public Records Act, the Act also
exempts numerous types of information from public disclosure, including utility customer data
(Cal. Govt. Code § 6254.16) and any information where, based on the particular facts of the
case, the public interest served by not disclosing the record clearly outweighs the public
interest served by disclosure of the record (Cal. Govt. Code § 6255).
Not Yet Approved
2
140424 dm 0180040
G. Disclosure of certain specific Confidential Information related to utilities could
create a risk of harm to utility facilities, City employees and the public, without providing
significant additional insight into the operations of the City, and therefore should be avoided.
H. Certain Confidential Information is of a commercial sensitive nature, which, if
revealed, could place the City at an unfair disadvantage.
I. Such Confidential Information is not general public knowledge and is proprietary
and/or confidential.
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Disclosure of Confidential Information is not required by law, and
disclosure of such Confidential Information retained by the City is prohibited.
SECTION 2. Disclosure of Confidential Information may only be made by the City on
the condition that a Receiving Party demonstrate a legitimate business or research purpose and
agree in writing to protect the confidentiality of the Confidential Information.
SECTION 3. This prohibition applies to all Confidential Information currently in the
possession of the City or that the City acquires in the future.
SECTION 4. If any of provision of this Resolution or the application thereof to any
person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications of this Resolution that can be given effect without the invalid provision or
application, and to this end, the provisions of this Resolution are severable.
SECTION 5. This Resolution shall be effective retroactive to the date the City first
acquired the item of Confidential Information to which it is applicable.
/ /
/ /
/ /
/ /
/ /
/ /
Not Yet Approved
3
140424 dm 0180040
SECTION 6. Adoption of a resolution prohibiting disclosure of Confidential
Information does not meet the California Environmental Quality Act’s (CEQA) definition of a
“project” under California Public Resources Code §21065, thus no environmental review is
required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ___________________________
Senior Deputy City Attorney City Manager
___________________________
Director of Utilities
___________________________
Director of Administrative Services