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SR-5-A (16) 5A eM KKV f\cmanager\stfrpt\telecom wpd 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 1 SA MAR 0 3 IJ98 -, 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, 2 (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 3 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 4 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 5 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 6 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 7 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 8 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, 9 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 10 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 12 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 13 .. 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 14 .. 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 15 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 16 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. I · 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. 2 · 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. 3 · 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 4 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