SR-5-A (16)
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CouncIl MeetIng February 24, 1998
Santa Monrca, California MAR 0 3 !198
TO Mayor and City CounCil
FROM City Staff
SUBJECT Status Report on TelecommunicatIons Master Plan, Including Prellmmary
Conceptual Findings, and Recommendation to Proceed with FInalizing the
Master Plan for City CounCIl Adoption
INTRODUCTION
ThiS report provIdes a status report on the Telecommunications Master Planmng effort and
presents prelIminary conceptual findings of the Plan
DISCUSSION
Overview of City's Telecommunications Master Plan
The City of Santa Monica IS assessing Its telecommunications needs and Interests for the
future, takmg mto account recent technological developments and the far-reaching
changes brought about by the Federal Telecommunications Act of 1996 Technological
advances are makmg It pOSSible for the City to use a broad array of innOvative, two-way,
interactive vorce, data and video communicatIOns Santa MOnica residents have embraced
new technologies for theIr personal and bUSiness use The CIty's own system of
telecommunications has developed sophisticatIon The City deSIres to be weli-posltloned
to enhance the quality of life. economIc vitality and delivery of government services m
Santa MOnica through the strategIc use of telecommunications technologies and
mfrastructure
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SA
MAR 0 3 IJ98
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Technology advances and telecommunications deregulatIon are altenng the traditional
roles performed by telecommunicatIon providers ProvIders have begun to encounter
competition to their core services EXIsting earners and new carners recently certified by
the CalifornIa Public Utility CommIssion (PUG) have been asking for greater access to the
City's public Rights-of-Way (ROW) UtIlity compames routinely trench In the streets and,
With the Increase In use permits, the City has legitimate concern over degradatIon of street
pavement and disruption to the general public New ROW procedures are needed to
achIeve the proper balance between faCIlitating the prompt entry of telecommUnication
companies and minimizing disruption from and the economic Impact of multiple street cuts
WIthin thIS context, the City Initiated development of a TelecommUnications Master Plan
to Identify the current telecommUnications mfrastructure, ascertain future
telecommUnications needs and services, and determme potential roles and partnership
opportunities to help the City meet such needs The effort began With an analYSIS of
(1) the uses of eXlstmg City nghts-of-way for telecommUnications Infrastructure
and methods to protect these valuable assets whIle encouraging location of
new technology Within the community,
(2) the types of telecommunications systems that best promote community
objectives and the electronIc delIvery of government and Instltutronal
services,
(3) public and bUSiness partnership models that promote Increased use of
telecommunicatIons technologies wlthm the community,
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(4) how telecommunications providers mIght help the City achieve these
obJectIves, and
(5) financIal models that clarify likely City roles In the telecommunicatIOns arena
The kInds of questions explored Include how the CIty might encourage greater competition
and consumer choIce In telecommunicatIon services, what the City can do to promote
universal access and telecommunication literacy, whether the City should construct Its own
fiber network or "loop", how the City might enhance the delIvery of government servIces,
and the role of telecommUnications to enhance the economic climate of the CIty
WorkIng wIth Media ConnectIons Group (MCG) and a City CounCil-apPointed community
TelecommUnications Working Group (TWG) , staff began the plannlng process In May
1997
Community Needs Assessment
The master-planmng process has been mformed through extensive publrc outreach The
TWG helped refine and structure a public survey, a business survey, and additional contact
with the business and residential communIty through focus groups and a public workshop
Also, staff and the consultants undertook proVider IntervIews to ascertain current and future
bandwidth capacity
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Public Survey
The major findings of the statistically valid random telephone survey conducted by Godbe
Research In August 1997, portray a high degree of telecommunIcatIons connectivity In the
Santa MOnica community today A significant percentage of residents have and use
telecommunIcations and computer technology Of the households responding, 59% use
computers, 30% have a fax, 20% have a second phone line Of households wIth
computers, 78% have modems and 58% use the Internet These results are considerably
hIgher than the national averages Further, 55% of households report dOing some work
at home uSing a computer or telephone Of the sample, 59% subscribe to cable and/or
Direct Broadcast Satellite (DBS)servlce For these respondents, program choIce, pnce of
video and competent technIcal servIce are Important One-fourth of the respondents have
used the CIty's Library catalogue services, 11 % have used PEN, and 12% have used the
City'S vOice mall system
Business Survey Results
A mailed business survey was conducted dunng fall of 1997 The top 25
telecommunications businesses were vIsited and survey Instruments were sent to 200
additional busmesses, with 70 surveys returned The data provides useful mformatlon
on the application of telecommUnications technologies by local businesses. Of the
busmess respondents, 80% have a Local Area Network (LAN), 87% have their own
telephone system and almost 40% use a second telephone carner In general, current
needs of these businesses for the Installatron and priCing of telecommUnication servIces
are being met by eXisting providers Se\lenty-three percent (73%) of responding
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companies expect an Increase In vOIce CirCUIt use over the next 5 years, 58% expect
eXisting provIders to meet future vOice and data needs, and 81% believe that the future
availabIlity of digital vOIce and data mstalled m a timely and cost effective manner will
materrally affect local bUSIness.
F oeus Group Messages
To further refine the mquiry, staff and consultants conducted focus groups with the
Chamber of Commerce Entertamment Committee, Chamber of Commerce BUSiness
Technology & the Future Committee, utIlity companies, and PEN Users Group, and Santa
MOnica Unified School Dlstnct (SMMUSD) Technology AdVISOry Committee and
Intercultural AdVISOry CouncIl DISCUSSion ranged from the need for Increased bandwidth
to refinement of how the City delivers government services, mcludlng marketing strategies,
community outreach and adaptations to PEN
ProvIder Interviews
ProVider interviews were conducted With GTE, PaCifIC Bell, Independent Fiber Network,
Century Communications, DSOVS, AT & T, SpectraNet, Tamkm Fiber Corporation, TCG
and Sprint
PublIC Workshop
A public workshop was held on February 9, 1998 Some 50 mdlvlduals, including
representatives of busmesses and public InstItutions, as well as City reSidents, attended
Input from thiS workshop helped refine the conceptual findings Included In thIS report and
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will be summarized for IncluSion m the Master Plan
Planning Deliberations
Economic Models
The consultants undertook analysIs of two economic models to determIne the appropriate
role for the City to undertake a Citywide full-service network (cable TV, telephone, high
speed data services), and a CIty mstltutlonal network model Regardless of the network
approach chosen, It IS Important to note that the recommendations of the modeling
component are In addition to the services and telecommunication solutions offered by the
traditIonal private telecommunication prOViders.
Three potential roles for the City emerged
1 Develop mternal mfrastructure, Includmg City-owned condUit WIth fiber Imklng
Its faCIlitIes on a prrorlty and cost-Justified baSIS The first phase of thiS
approach Includes non-governmental institutions such as faCIlities of the
Santa Monrca-Mallbu Unified Schoof Dlstrrct and Santa Monica College
2 Become a provider of external Infrastructure as a lessor of conduit and/or
fiber to non-governmental instItutional entities
3 Become a prOVider of a full-servIce network to external, non-governmental
Instrtutlonal entities and City residents
In any of the above three options, the City' might partner With an established
telecommunicatIOns prOVIder The partner and CIty could JOintly develop and prOVide the
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above assets and services, subject to their economic and technIcal feasibility. under a
multi-phase agreement
To determine the feasibility of a CIty-operated full-servIce network, the consultants
projected the most optimistic market conditions and tested vanous busIness scenariOs
cable TV, high speed data, telephone Forthe most favorable business opportUnity, cable
TV, the model IndIcated a $35 mIllion Investment would be required In the first two years
to bUild a network and operate a cable business After a 1 O-year operating penod, the CIty
would have accrued a loss of over $18 mIllion As mentioned, this IS the_most optImistIc
of the business scenanos and, given the magnitude of the loss, development of a full-
service network IS not being recommended at thIs time
Consultants and staff are recommending development of an institutional network With
leased condUit andtor fiber to non-governmental entities
Enhancements to Delivery of Government Services
Over the past few years, the City's mternal use of telecommUnicatIons technologies has
grown Significantly The City now operates and depends on a sophisticated local and Wide
area network that connects staff at all CIty facllrtles for vOice and computer
communications The vast majority of this network IS currently leased from GTE at an
increasing cost as the CIty continues to Implement advanced information systems Like
Santa Monica, cIties natIonwIde are looking at investing In advanced telecommUnicatIons
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systems to support Internal and external applications and to ensure that future bandwidth
needs are met at reasonable costs
The City has made significant Investments In telecommunicatIons technologIes, including
to Geographic InformatIon Systems, Imaging Systems, client server software packages for
Library Catalogue and Circulation, Financial Management, Human Resources and Payroll,
E-malllDocument routing systems, telephone and voice mall systems, and Internet access
The City's network supports the electroniC delivery of government services Through the
CIty'S PubliC Electromc Network (PEN) and the World Wide Web Site, government
information, searchable databases, Interactive service request forms, bUSiness
transactIons, conferences on Jocallssues, and free local electronIc mall are available to the
public These services are available through dial-up modems, the Internet and public
access terminals m lIbraries and other CIty faCilities
As a means to address Umversal Access and In response to publiC Input, the plan Will
recommend expansion of the delivery of government sef\f1ces through the use of
telecommUnications technologies These services Include access to PEN conferences via
the Internet, a gateway for sendIng and receiving electromc mall between PEN and the
Internet, electrOnic calendars of local events and expanding use ofthe City's Web site for
presentation of City programs, Information and servIces, and for electroniC commerce
Additional terminals and touch screen kIosks are being deployed to meet the increasIng
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public demand for UnIversal Access to these services and the Internet In addltron, staff
WIll contmue to explore the suggestions provided dUring this plannmg effort In order to
expand and refine our outreach and marketing to the commumty
To support these services, high bandwidth fiber Circuits have been mstalled wlthm City Hall
and the Police Department wmg, wIth a link to the CIVIC AudItorium The CIty leases an
addItional frber Imk between City Hall and the Mam Library Maintenance and support
services for these fIber CirCUits are prOVided through contractual agreements approved by
Council In fall of 1997 These fiber CircUIts demonstrate the capacity of supportmg
technologIes now being Implemented and prOVide opportumtles to deliver high bandwidth
Video and multImedia applications to CIty facllrtres and the public as planned In the near
future, facIlitating Video conferencmg, VIdeo training, mtegrated vOIce and data
applications, and full motIon Video and sound Otherfacllltles In the Citywide area network
now require bandWidth upgrades to support new demands
Benefits of MUnicipal FIber Network (MFN)
Development of a mUnicipal fiber OptiC network (often referred to as a "fiber loop") has
been IdentifIed as a key strategy to provide the bandWIdth necessary to support enhanced
service delivery and to give the City control over operating costs for Its Internal
telecommunications needs Additionally, the MFN wouid
1 provIde a secured and reliable pnvate network for supportmg public safety
and emergency response,
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2 support additional public access terminals at libraries, parks and City
facIlitIes,
3 provide advanced telecommunicatIons connectivity to the Downtown transit
mall and corrrdors along the fiber loop,
4 present revenue opportunities for the leasing of City-owned conduit and fiber
to telecommunications providers and businesses In Santa MOnica,
5 provide a foundation for promoting continued Investments In the City's
telecommunications Infrastructure by telecommunications providers and local
Institutions and businesses,
6 provide a framework to work with Westslde Summit Cities on regional
telecommunicatIons services,
7 present opportunities for sharing telecommunications services with the
school district and college, e 9 , the Internet,
8 proVIde opportunities for the Multimedia Academy at the college to partner
WIth and promote a local multimedia economy, and
9 extend Infrastructure Into strategic areas of the City and proVide the
backbone to enable a broader network to be developed If It IS shown to be
technically and economically feasible
The proposed mUnicipal fiber network could be developed In conjunctIon With currently
planned public works projects over the next three years, saving up to two-thirds of the cost
of network Installation by piggybacking on trenching reqUIred for other purposes
The MFN should be Viewed as a foundational network, harnessing one-time opportunities
In a coherent Infrastructure plan and setting the parameters for future Infrastructure
investment MFN serves several Immediate objectives ofthe City and at the same time lays
the foundatIon for the evolutIon of a WIder network serving more customers, If deemed
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feasible In the future telecommunications market The City'S exploratIon of strategic
public/private partnerships Will Yield Important Information about what prrvate sector
providers Will commit to further develop the telecommUnications network In Santa MOnica
and the regIon In short, Immediate City business opportunities can be realized and the
business risk elements of the network can be mitigated and minimized With thiS proposed
approach to a network venture
Right-of-Way Management
The public right-of-way (ROW) IS defIned as the distance between pnvate property lines
that contains the roadway, parkway and Sidewalk area of streets and alleys throughout the
City Under the Telecommunications Act of 1996, public agencies are given the duty,
responsibility and authOrity to manage the ROW With an increasing number of
telecommUnications companies enterrng the market In Santa Monica, It IS crrtlcal that the
City re-double ItS efforts In managing the ROW effectively
The ROW contains surface and sub-surface faCIlities, including asphalt and concrete
roadway pavement, concrete Sidewalks, street trees and other landscaping, fire hydrants,
street light and traffic signal faCIlities, traffic slgnage, bus shelters, and underground
utilities
The goals of ROW management Include protecting the public health, safety and welfare,
coordinating construction With pedestnan, bicycle and vehicular traffiC In the work zone,
avoldmg repetitive street cuts whenever possible, minimizing prrvate bUSiness disruption,e11
preventing unnecessary financial burden to the taxpayers of Santa MOnica due to street
cut degradatIon of the pavement, ensuring the long-term structurallntegnty, ride quality
and aesthetiC properties of the eXisting Infrastructure, enhancing competition among
telecommunications providers, and promoting potentlai partnerships between the City and
pnvate utrllty companies
In conjunction with the Master Plan process, the City Department of EnVironmental and
Public Works Management Implemented "Intenm Right-of-Way Management Standards
and Policy Goals" In November of 1997 These Intenm standards assist In ensunng
complete, accurate and clear utility Installatron plan submittals, timely plan checks and
permIt Issuance, proper trench repair techniques to preserve pavement quality,
coordinatIon between the City'S capital Improvement program and the private utility
companys' short-and long-range plans, and public notification
The City IS conferring with public and pnvate utility companies for the purpose of draftmg
"Fmal Right-of-Way Management Standards" and "Future Policy Goals" As part of the
process of developmg final standards and goals, the City has commissioned a study of
appropnate utility trench patching methods and appropriate fee structures for utility permit
plan check, Inspection and use of the public ROW Final ROW Management PoliCY Goals
Will also be refined by thiS process and Will be presented upon completIon of the standards
Antenna SIting Policy Direction
In conjunction with the TelecommUnications Master Plan, the antenna sections of the
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Zoning Ordinance have been reviewed and the City IS exploring several changes to the
Ordinance In light of the TelecommunIcations Act of 1996 Mrnor changes to the parabolic
and non-parabolIc antenna sections will be necessary to 1) bring the Zoning Ordinance
mto conformance with the TelecommunicatIons Act, and 2) to revISIt by-nght versus
discretionary zonIng approvals In addItion, updated antenna permIt Instructions WIll be
streamlined Also, the City IS conducting an Inventory of all public propertIes to determIne
which properties may be appropnate for antenna sIting Based on the results of thiS
Inventory, City staff will recommend to the Planning CommiSSIon and City CounCil a policy
on the use of public properties for antenna sItIng
Conceptual Findings - Initial Policy Recommendations
In summary, the follOWing are key policy recommendations likely to be mcluded In the
Master Plan
. The City should continue development of a mUniCipal fiber network (MFN) for the
purpose of connecting key public Institutions (City, Santa Monica College, and
SMMUSD) The network should be tied to other public works projects whenever
pOSSible to lower development costs and can be expected to prOVide service to
major CIty sites wlthm 12 months The MFN Will support the continued development
of advanced VOice, data and Video services for the citizens and bUSInesses of the
City and ensure that the City Will continued to be a leader In the use of modern
telecommUnications systems to prOVide quality public service
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.. Potential public and private partners for construction, fInancIng and operation of the
MFN should be Identified This effort should proceed while the MFN IS under
development, as an Independent project with Its own schedule and goals The
scope of partnership could range from lease of excess CIty-owned
telecommunlcatlons conduit and/or fiber strands to full partnership In the
development, fInancing and management of the MFN
.. Revised ordinances, poliCies and procedures that Will lead to better nght of way
(ROW) management should be adopted Dnven pnmanly by the deCISion of the
Federal government to promote competition In the telephone market, the new ROW
procedures Will achIeve the proper balance between facilitating the prompt entry of
new telecommunications compames and protecting the structural Integnty of the
ROW, while aVOIding unnecessary fInancIal burdens on taxpayers of Santa MOnica
. Revised ordmances, poliCies and procedures that will lead to better management
of antenna sites located wlthm the City should be adopted The advent of new
cellular, PCS and SImilar radiO services by competing companies means that the
City must exercise tighter control over pnvate antenna sites and encourage the use
of desIgnated City-owned antenna sites whenever practical The new procedures
are designed to achIeve the proper balance between faCilItating enhanced, effiCient
WIreless services and preserving the unIque aesthetIC qualrtles that make the CIty
a desIrable place to Irve and work
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.. A polley statement should be adopted that encourages Umversal Access to modern
telecommunications services, takIng the following concepts Into account
1 Encouraging pnonty access for special populations such as the dIsabled or
students
2 Encouraging access at specifIc types of facIlitIes such as schools and higher
educatIon institutions, IIbranes, and public facIlities owned or controlled by
government
3 Encouraging availability of user-friendly equipment
4 Ensunng appropnate privacy and security for users
5 Developing or promoting affordable pnclng mechanisms
6 Promotmg fair and equItable regulation of telecommUnications proViders
7 Promoting InterconnectlVlty, Interoperablhty and open access
8 Encouraging the creation of opportunitIes for user partiCIpation and
mteractlvlty
9 Provldmg incentives or other mechanisms to promote bUSinesses and others
to support the policies, such as a speCial fund for those who adopt and take
actions consistent with the policies
City staff Will continue to expand upon the use of telecommUnications technologies for
electroniC delivery of government services Expected outcomes Include Increased
availability of government mformatlon and services, support of community services,
increasing public awareness of local Issues, promoting public mvolvement and sense of
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community, and enhancement of CIty business actIvIties through electronic commerce.
BUDGET/FINANCIAL IMPACT
Preliminary estimates for the City fiber loop are $1 5 mllllon-$2 million reqUIred over the
next three years These funds wIll be consIdered In the context of preparation of the three
year Capital Improvement Plan as part of the FY1998/99 City budget process
At thIS tIme, the consultants and staff antiCipate revenue offsets will be realized through
leaSing condUIt and/or fiber that wIll become available through construction of the CIty fiber
loop The consultants Will estimate the magmtude of the offsets In the fmal plan
RECOMMENDATION
Staff respectfully req uests to proceed With fmaltzlng the Santa MOnlca TelecommunIcations
Master Plan for Council adoption
Prepared by
Kathryn Vernez, Senior Management Analyst
Jory Wolf, ISO Manager
Dave Bntton, Senior CIvil Engineer
Craig PerkinS, Director of EnVironmental & Public Works Mgmt
Mike DenniS, Finance Director
Attachments'
Exhibit A - ROW Management Standard and Future Policy Goals
Exhibit B - Universal Access Policy
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EXHIBIT A
November 24,1997
INTERIM RIGHT .QF.WA Y MANAGEMENT STANDARDS
ENVIRONMENTAL AND PUBLIC WORKS MANAGEMENT DEPARTMENT
CIVIL ENGINEERING DIVISION
MAJOR UTILITY EXCAVATION PERMITS
A. RIGHT-OF-WAY MANAGEMENT GOALS
· To ensure the public health, safety and welfare
· To exerCise the authonty of the City of Santa MOnica to manage the public
Right-of-Way as to the Time, Place and Manner In which It IS accessed
-To aVOId utility installations In crowded Rights-of-Way
-To aVOId utility installations In areas of heavy traffic patterns
· To place utilitIes In areas where there IS ease of mamtenance, with
minimum disruption to vehicular traffic, pedestnan flow and on-street
parking
· To minimiZe disruptIon of the Right-of-Way by coordmatlng pnvate utility
installations With City Projects and the City'S Pavement Management
Program.
· To ensure the structurallntegnty, pubhc safety, nde quality and aesthetiC
properties of the eXisting Right-of-Way Infrastructure
· To prevent unnecessary financial burden to the taxpayers of Santa
Momca by regulating the method of street repairs resulting from utility
excavations
· To enhance competition among utility proViders by minimizing barriers to
entry Into the telecommunications market to prOVide choice In
telecommunications seNlces.
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· To ensure that any Impacts on utility providers as the result of the City'S
management of Its' Public Right-of-Way be made on a competItively
neutral and non dlscnmlnatory basIs
· To ensure compliance with all MUnicipal, State and Federal Laws,
Including FCC Emission Standards
· Promote collaboration and partnership between telecommUnications
providers and the City to secure public benefits including service
expansion and co-Iocatlon of facilities.
B. RIGHT.QF-WAY MANAGEMENT INTERIM STANDARDS
· Excavation IS defined as open cut, bonng, jacking or tunneling under City
streets The City shall charge Identical fees per lineal foot for all of these
methods
· The permittee shall be responsible for field checking eXisting condrtlons
pnor to submitting the application for permit plan check
· Applicant shall Include cross sectional details of the proposed excavation
and pavement repair methods
· Applicant's plans shall be drawn on a 1.20 scale, on the City's standard
sheet and title block, prepared under the superviSion of and stamped by
a Registered CIvil Engineer
· Applicant shall submrt a separate traffic control plan to the Parking and
Traffic Englneenng DIVISion for approval prior to Issuance of the permit
· Permittee shall comply With the reqUirements of Underground Service
Alert, including but not limited to notification and marking of eXlstmg
underground facilities
· Applicant shall perform work In cooperatJon With other utilIties, Including
but not IImrted to consideratIon of Jomt trenching The burden shall be on
the applicant for researching other pending permits.
· Applicant shall accomplish all utility rnstallatlons In concrete streets,
concrete alleys, concrete bus lanes, concrete bus pads or major street
crossIngs by bonng, tunneling or Jacking.
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· Applicant shall not be engaged In construction work on more than two
permits at anyone time A separate permit application IS required for
each street location where excavation IS planned
· The City Engineer has the authority to approve or reject the method of
excavation.
. The Director of EnVironmental and Public Works Management shall have
the discretion to approve an applicant's deviation from the Right-of-Way
Management Intenm Standards rf an applicant demonstrates to the
satisfaction of the Director that such a deviation from the Standards IS In
the public Interest and is generally consistent with the Right-of-Way
Management Goals
· Apphcant must submit a construction schedule showing start and end
dates prior to Issuance of the permit.
· Public Notification Applicant shall prepare and distribute a letter of
notification to the bUSinesses and residents within 500 feet of the work, 72
hours prior to the start of field work outlining the scope, start date,
duration and locatIon of the work Such letter shall Identify potential
Impacts to the public, including work hours, pedestnan and vehicular
access, constructJon nOIse, parking restnctlons, a 24 hr "hot hne" phone
number for both the Applicant's contractor and the City, etc. Such letter of
notification shall be approved In advance by the City'S Public Works
Inspector pnor to distribution
. Housekeeping All permrttees shall keep the area surrounding the
excavation clean and free of loose dirt or other debriS In a manner
deemed satisfactory to the Department of EnVironmental and Public
Works Management
· Hazardous matenals. All permittees shall be subject to hazardous matenal
gUidelines for handling, treating, and dispOSing of matenal, worker safety
and training, notifications reqUired by law, site remediation, and data
collection Permrttee shall comply With all federal, state, and local laws
regarding hazardous matenal For purposes of thiS Item, hazardous
matenals shall mean heavy metals, organics, petroleum hydrocarbons,
asbestos-containing serpentine fibers, and any other substance, waste.
gas, or matenal, whiCh, because of Its quantity, concentration, or physical
or chemical charactenstlcs, IS deemed by any federal, state, or local
government law or authonty to pose a present or potential h~7::l1ro to
human health or safety or to the environment.
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· Excavated material disposal The Permittee shall remove all excavated
matenal from the site no later than the end of each work day
· Permittee shall comply with Section 7 04 080 of the MUniCIpal Code ThiS
compliance Includes furmshlng Insurance In amounts deterrruned by the
Director of Environmental and Public Works for the coverages Indicated In
Section 7.04.080 Also, the Permittee shall indemnify the City, Its officers,
agents and employees In accordance with the requirements of Section
7.04.080.
· In addition to complymg with all laws of the City of Santa Momca,
Permittee shall comply with all State and Federal laws, Including
furnishing documentation as to full compliance with FCC EmiSSion
Standards
· Applicant's failure to comply with any or all terms and conditions of the
permit may result In 1) The City requesting that Applicant remove all
Improvements completed to date under the permit and restore the street
to Its pre-exlstmg condition; or 2) forfeiture of any or all deposits made In
accordance With MUniCipal Code Section 7 04 110 The City reserves Its
right to stop the work. at any time as deemed necessary to ensure
compliance With the permit terms and conditions
Note to Permit Applicant: Applicant shall proVide "as.bUlIt" plans for applicant's
installation Within the entire City on at least an annual baSIS In accordance with
Section 7 04 290 of the MUniCipal Code Apphcant shall supply the City-wide "as-
bUilt" plans In a format compatible With the City's GIS Mapping System
Attachments MUniCipal Code Sections 7 04 080, 7 04 110 and 7 04 290
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14 080 Insurance
http ffpen2 Cl.santa.momta ca usicuyfmumcode!art07i 04'704 080 h
7.04.080 Insurance.
Notv."lthstandmg any other pro'\"lsions oftlus Code, whenever the DIrector of Pub he Works or
Bwldmg Officer detemnnes that any work proposed to be performed under any penmt ISSUed by the
DIrector of Publtc Works or the Buildmg Officer mlght constttute more than ordInary h::l7j:1rd to human
hfe or nught endanger any adJoinmg or nearby publIc or pnvate propeny. he may reqwre, as a condmon
precedent to the Issuance of such pemu~ that there be proVIded and mamtamed either or both of the
following InSurance coverages In an amount recomm.ended by the Drrector of Public Works or the
Bwldmg Officer and approved m substance and form by the Cny Attorney in an InSurance company
acceptable to and approved by the CIty Anomey:
1. Personal Injury and property damage coverage as to all work to be performed under such penmt,
or
2 The following coverage, for the benefit of the City, either by way of endorsement or separate
pohcy, or such modtfication thereof as may be acceptable to and approved by the CIty Anorney
The company agrees to defend, mdemnify, and save harm1ess the City and each of its officers,
agents, and employes from and againc:t any and allliabihtIes, demands. clanns, damages, losses, costs,
and expenses of whatsoever kind or nature, mc1uding, but not lmuted to. any and all direct and mdirect
costs of defense made against or incurred or suffered by, any such mdemmtee as a direct or indirect
consequence of mJury, sickness. or disease, mcludmg death, to persons or mjury to. or destruction of.
property mcludmg, but not linuted to, the loss of use of propeny resulting dIrectly or mdirectIy from. or
m any manner connected v.ith or pertammg to, the hereinafter described actIvities or condItions.
TIns mdemnny shall include, but not be lumted to, any and allliabiliues. demands. clanns,
damages, losses, costs, and expenses cl!ilTT1ed by any named msured or be any officer. agent, or employe
of any named msured or caused, or alleged to have been caused, by any neghgent or other act of any
such mdemmtee
Wntten notlce to the company or any of Its authonzed agents by any such mdemmtee of any
liabilIty demand. chum. damage, loss. cost or expense as soon as practlcable after such mdenumee
acqUIres knowledge thereof shall constItute suffiCIent complIance with the requrrements for notIce Wlder
!lus pohc) for the purpose of this endorsement
ThIs polIcy shall not be cancelecL nor shall there be any reductIon In coverage or lumts of lIabIlIty
unless and until thuty (30) days wrinen notIce thereofhas been served upon the CIty Clerk of the CIty of
Santa Moruca ThJs endorsement shall control over all other prOVIsIons oftlus polIcy and other
endorsements thereto
Described act!vltles and condltlons All operatIOns. actJvltles, and condItions in any manner
connected 'n'lth or pertauung to any work performed under the followmg described permIt. (describe
permIt)
SpecIal exclusJOns applIcable to the coverage The coverage granted by tlus endorsement does not
apply
I. To liabilIty assumed by the City of Santa Maruca and each of Its officers. agents, and employes
under any contract or agreement
2 To any obhgatJOn for wluch the City of Santa Monica may be held lIable under any Workmen's
CompensatIon or dIsabIlIty benefits' law or under any SImIlar law; or
3 To Injury to, or destnlctIon of, property owned or occupied by or rented to or used by the City of
Santa MOnICa, Its officers, agents, and employes (pnor code Sec 71058, added by Ord. No. 570CCS.
adopted 9!4J62, effectIve 9/4/62)
...~~~
~ I 996 CIty of Santa Maruca. All rights reserved.
11/24197 1 08 PM
7 04 110 Deposits guaranteemg restoratIon
hnp Ilpen2 Cl santa-momca C&.USicltyfmunJcode'art07 i 04/'7 04 1 t 0 ~tr
7.04.110 Deposits guaranteeing restoration.
\\'ben the applIcatIon to excavate or obstruct the surface of streets, alleys or other places and the
installatIon. reparr or alteratIon of sidewalks. curbs, gutters, and dnveways. and the detalls shown upon
the accompanymg duplIcate plats (when such plats are required), comply Wlth the terms oftlus Chapter
and the regulauons of the Department of Pub he Works, the apphcatlon and duphcate plats shall be
approved by swd depacWient The apphcatlon and the plats shall be filed WIth the Depaclment of Pubhc
Works together \\.lth SpeCial deposIts to mdemmfy the City agamst any damages to pubhc propeny
ansmg from swd excavatIon or obstruction as follows (excludmg departments of the City and the local
Board of EducatIon where the cement and surfacmg work IS to be done by the Deparllhent of Public
Works of the City), to wtt.
D:.=t Sur::ace
O~';'ed S',1rface
ReCK a~~ O~: Pavement
;spha~~:.:: ?avement
?cr-::a!'"'~::i ::err'..en1:
Concrete Pavement
S.:.dewa':ks
Gl....t;:.e=s
._~r.:::s
St<'>Ke Hol.es
?=csce== r:c~es
Depos~t M~nllnum
per Sq Ft. Depos~t
$ .08 $ 3.50
25 15.00
65 15.00
80 15.00
1. 30 15 00
1.10 15.00
1 25 15.00
Deposl.t
per Ll.neal M:.n~mum
Foot DepoSl.t
S 3 DO S15 00
Deposl.t
tor Each M~n~mwn
Excavat~on Depos~t
S 1 00 $ 2.00
~
20 2.00
ProvIded in event the cash depOSit requued exceeds the swn of $50 00 the apphcant may have the
optIOn of postmg WIth the Department of Public Works a good and suffiCient surety bond. acceptable to
the City Attorney to insure sausfactory compleuon of the work contemplated m an amount double the
amounts of the cash depoSits set forth In the foregomg schedule.
ProvIded also that any person (excludmg City deparunents), mtendmg to make any excavauons or
obstructlons m any pubhc street, alley or other publIc place may make and maintain Wlth said
Department of PublIc Works a surety bond acceptable to the City Attorney to insure satisfactory
completiOn of the work contemplated, In an amount of $500.00 winch shall penmt the issuance of
pennlts for excavation or obstructions up to 1,000 square feet per month a surety bond amounting to
$2.500 00 wluch shall penmt the Issuance of penmts for excavations and obstroctJons up to 5,000 square
feet per month; a surety bond amountlng to $5.000.00 which shall penmt the issuance ofpenmts for
excavations and obsoucuons up to 5,000 square feet per month; which surety bond shall be used for the
same purpose as the speCIal depoSIt descnbed herembefore in this Sect10n and while such surety bonds
are mamtamed such person shall not be reqwred to make the special deposit hereinbefore in thi~ Section
provided for. but shall be requued to file a written apphcauon for a pemut for each such excavation or
obstruction and file duplIcate plats showmg the location thereof as m thi~ Chapter provided, and to
comply with all other proviSIOns of this Ch"pter.
ProvIded also that Ifm the opinIon of the Street Supenntendent or City Engineer. the requested
excavation or tmprovement IS of any unusual nature. a deposit shall be made in a sufficient amount to
mdemrufy the City should it become necessary for the City to complete the improvement or restore the
] of2
11124197 1 07 Pl\
7 04 110 Deposits guaranteemg restoratJon
http /lpen2 clsanta-monll;a.ca..uS/cllyrmunlcode/an07"7 O~ '7 ().t 110 I
excavallon to Its fanner condmon Charges for all such work shall be made agaInst SaId deposit. and any
unexpended balance shall be returned upon completion of the restoratIon of the Improvement A
perfonnance bond In an amount detemuned by the CIty Engmeer and approved by the Cny Attorney
may be substJtuted In heu of the above depoSit
l'iotwlthstandmg any other prOViSion ofthts Section. a publIc unhty regulated by the PublIc UtllIues
ComrmsslOn afthe State afCahforma shall not be reqwred to make the specIal depoSIt herembefore
provided by tlus SectIon nor to post and mamwn a surety bond. In heu of such SpeCIal depoSIt, provided
that such publIc utIlIty has entered IDto a Ymtten agreement Wlth the City and has, thereby. undertaken to
mdemnify the CIty for any and all damage to pubhc property ansmg out of any excavatlon. obstructIon.
Improvement, installation or project of such pubhc utihty and to perform the work for wtuch such
speCial deposit or bond would otherwIse be reqwred by tills SectIon. Such PublIc UtilIty shall be
reqwred to file With the Depruulient ofPubhc Works a \Vr1tten applIcatIon for a pemut for each such
excavation, obstructIon. rmprovement, mstallatJon or project and to file dupbcate plats shOWing the
locatIon thereof as provIded in tlus Chapter and to comply with all other proVISIOns thereof. (Pnor code
Sec 7107; amended by Ord. No. 850CCS. adopted 11/10170)
_(IIOiil.llili~~
~ 1996 Cny of Santa Maruca. All nghts reserved.
). of2
] ] /'24197 1 07 PM
7 04 290 Locations of underground 1DSla1lallons
hap ilpen1 (;1 santa-momca (;3 us/(;ttY/munJ(;odetar!07'7 04"7 ().J .2~
7.04.290 Locations of underground installations.
It hereby IS made the duty of every person ov,nmg. usmg. controlhng or havmg an interest m pipeS.
condUlts, ducts. tunnels or vaults under the surface of any publIc street or sidewalk for supplymg or
conveymg gas, electncny, water, stearn. ammorua. oil. telephone or telegraph servIce m. to or from the
CIty or to or from 11S mhabltams or for any other purpose to furnIsh. upon wnnen request from the ell) .
wuhm twenty-four hours of rece1pt of such request, COpIes of any portion of an)' map or maps of the
mstallauon of such person, and withIn one hundred twenty days after the passage of tlus Chapter. to file
In the office of the Department of Public Works a map or set of maps, each dra"WIl. to a scale of not less
than two hundred feet to one Inch, whIch said map or set of maps shall show in detail the exact )ocallon.
depth below street grade, SIze, descnptJon and date of mstallation, Ifknown, of all mams, laterals.
servIces and semce pIpes, and of all valves. pressure regulators, oops, manholes. handholes,
transformers, chambers or other applIances mstalled beneath the surface of the public streets or
SIdewalks belonging to, used by or under the control of such person, or in whIch such person has any
mterest It shall also be the duty of every such person to file, Wlthm fifteen days after the first day of
January of each and every year, a corrected map or set of maps, each drawn to a scale of not less than
two hundred feet to one inch. showing the complete installation of all such pipes and other appliances.
includmg ail InStallations made during the previous year to and includmg the last day of such year Each
such map shall be accomparued by an affidaVIt endorsed thereon, subsenbed and sworn to by such
person to the effect that the same correctly exht bits the detalls required by thts Chapter to be shown
thereon.
\\tbenever any pIpe, conduit. duct. tunnel. vault or other structure located under the surface of any
pubhc street, or the use thereof, IS abandoned. the person owmng. usmg, controllIng or haVing an interest
therem shall Wlthm tlurty days after such abandonment, file In the Office of the Department of Pub he
Works, a statement In wntmg gIvmg m detail the locatIon of the pIpe, condwt, duct. tunnel. vault or
other structure so abandoned. Each map or set of maps filed pursuant to the proVISIOns ofthts Sectlon
shall show In detaIl the locatlon of all such pIpes. condUlts. ducts. tunnels. vaults or other structures
abandoned subsequent to the fihng of the last precedmg map or set of maps (Pnor code See 7120~
amended by Ord No 181CCS. adopted 4/12/49)
~J1I~_~~~
~ 1996 CIty of Santa Momca All nghts reserved.
1 of I
11 /24197 1-0
Draft
August 4, 1997
Future ROW Management Gall..
3 Year Street Limitation on Work
· City shall not allow street excavatJons withm three years of street
resurfacmg or reconstructIon Exception. The Director of Environmental
and Public Woms Management may waive thiS reqUirement, upon reView
and recommendation by the City Engineer for the utility instal/ation and
payment of prescribed penalties In accordance with the applicable City
Ordmance The process Will Involve coordination of private utility work with
the City'S CIP.
Time, Place and Manner Requirements
· Engmeenng Div determmes location of utility Installation takmg mto effect
a number of factors Includmg zonmg, wIdth of s/dewalks, condition of
street, pavement type, pavement repair histOry, ADT, eX/stmg parkmg
/bIke lanes, pedestnan flow patterns, Width and depth of trench, duration
and method of planned excavation, time of year, aesthetics of the repair
procedures consIstent wIth urban deSIgn critena ,etc.
Work hours are stipulated based on City Ordmance, need for
after hours work due to heavy traffic patterns, adjacent pnvate
busmess needs, time of year, event schedules, and other City
construcfionachwues
Manner of excavation (open cut vs bonng, gnndmg vs saw cut and
backhoe) /s subject to the need to expedite the work, pavement type,
zonmg, restoration potential, eXlstmg pavement condrbon/type, ete
Public Hearings
· At the discretion of the City Manager and as subject to CEQA
reqUirements
1
Liquidated Damages
· Over and above deposIts reqUired In Code Sect 7.04 110 To
compensate the CIty for administratIve staff time, added field mspecbon,
engmeenng testmg, and cost of removal, ete
Abandoned Facilities
· Utility Companies that do not properly maintam their faciHtJes located
wlthm the City m the public ROWor do not file "as-built" network plans m
the form prescribed by the City on an annual basis will be subject to
haVing their facilitieS declared "abandoned II Ownership would transfer to
the CIty and final dIsposItion would be at the dIscretion of the Director of
EPWM
Sub-leasing and Transferring of Rights
· Subject to reVIew by CIty Attorney, no penmttee shall sublease or transfer
nghts to any of the" facilities mstalled wlthm the City without the express
pnor approval of the City
Fee Restructuring
· The utIlity excavation fee structure shall be analyzed and
recommendations made for adJustments The fees shall reflect costs
Incurred as the result of accelerated damage to the nght-of-wayas a
result of the proposed UtJIlty Instal/atlon, plan checkmg, office supervision
and staff support, field inSpection, overhead and other admmlstratlve
charges
Fair and Reasonable Compensation
· Survey other cftres, hire property appraisers, consult WIth City Attorney's
office as to appropnate methodology for recelvmg "falf and reasonable
compensatIon. "
2
Aesthetic Concerns
· Develop standards regardmg aesthetics of public ROW surfaces and
structures, Includmg pavement, pedestals, underground vaults, overhead
Utility installatIOns, etc These standards may Include mput from design
professlonals(e g pavement design engmeers, landscape architects,
public artists) or the public In the form of wOrkshops and City Board and
Commission reviews
3
OR"ft
Outline of Issues for ConsIderation for
Universal Access and Universal Service
EXHIBIT B
DRAFT
A THE LIMIT OF OUR AUTHORITY AND THE ROLE OF POLICY TO PROMOTE RATHER
THAN REGULATE
B UNDERSTANDING THE TERMS AND DEVELOPING OUR DEFINITION
1 Universal access speaks to the Issue of availability In a manner that IS
non-dlscrlmmatory regardless of mcome, ability, language or geographic
location
2 Universal service is the service or products that would be universally accessible
Generally, this means services whIch are affordable and provlde,at least, a minimum
level of quality telecommunicatIOns services Examples of universal servIces may
differ community to community, but would tYPIcally Include access to emergency
services (911). dIrectory assistance or basIc system gUidance and Information, and
local communication
C OTHER FAMILIAR MODELS
Other models Indude telephone lIfelme service, which the rate-paYing community
SUbsidizes for those on fixed or low Income, WhiCh prOVides limited local call, emergency
and directory access Another model IS Melme cable service, whIch usually consists of a
cable system constructed and accessible In all neIghborhoods, With cable "baSIC service"
composed of a limited number of channels, tYPically the local broadcast channels, publIC
access channels, and an on-air program gUide
D TOPICS TO EXPLORE FOR A FUTURE POLICY STATEMENT THE CITY MAY
WISH TO ADOPT
1 Encouraging pnonty access for speCial populatIons such as the disabled or students
2 Encouraging access at speCifiC types of faCIlities such as schools and higher
education institutions, IIbranes, and publiC faCIlitIes owned or controlled by
government
3 Encouraging availabIlity of user-fnendly equipment
4 Ensurrng appropnate privacy and secunty for users
5 Developing or promoting affordable pnclng mechanIsms
6 Promoting fair and eqUitable regulation of telecommunications prOViders
7 Promoting Interconnectlvlty, InteroperabJlJty and open access
8. Encouraging the creation of opportunities for user partlclpatton and Interactlvlty.
9 Provldmg mcentlves or other mechamsms to promote businesses and others to
support the polJcles, such as a speCIal fund for those who adopt and take actIons
consistent With the poliCies