Title
Report regarding a resolution approving the grant of a utility easement on City of South San Francisco property (APN 093-331-110) located at 201 West Orange Avenue for the Broadband Expansion Project (st2102) to Intermountain Infrastructure Group (IIG) for conduit and fiber optic lines and authorizing the City Manager to execute a utility easement deed. (Angel Torres, Senior Civil Engineer)
Label
RECOMMENDATION
Recommendation
It is recommended that the City Council adopt a resolution approving the grant of a utility easement on City of South San Francisco property (APN 093-331-110), for the Broadband Expansion Project (st2102) to Intermountain Infrastructure Group (IIG) for conduit and fiber optic lines and authorizing the City Manager to execute a utility easement deed.
Body
BACKGROUND/DISCUSSION
In 2019, the City of South San Francisco (City) adopted a Dig Once Policy to reduce the impact of telecommunications construction in the City’s public right-of-way. As required by the Dig Once Policy (described in Attachment 1), Intermountain Infrastructure Group (IIG), a Full Facilities Based Competitive Location Exchange Provider, notified City staff of their plan to install underground conduit throughout the City. This triggered the process to allow the City and carriers to negotiate with IIG to install conduit at a reduced rate. When compared to the cost to the City to install these conduits independently, collaborating with IIG realized estimated savings in excess of $3 million dollars.
IIG is authorized by the state to provide telecommunication and interexchange services, and place underground conduit and fiber optic lines within City right-of-way pursuant to Public Utilities Code Section 7901, as granted by the California Public Utilities Commission (CPUC) via CPUC Decision 19-02-013. Although the City cannot completely direct IIG’s ability to build within the public right-of-way, the City was able to coordinate a route that would mutually benefit both parties. Attachment 2 is a map of the approved route for Phase I. Agreements for the installation of the IIG Phase I routes were executed in 2020. The IIG Phase II routes are future planned IIG improvements that are not currently permitted.
The City is pursuing, wherever possible, the goal of installing city-owned underground conduit and fiber optic cables. Partnering with IIG to implement the Broadband Expansion Project (st2102), the City has expanded South San Francisco’s citywide fiber network by adding eleven miles of City-owned conduits. This is the City’s first project to take advantage of the Dig Once Policy and presented a one-time opportunity to expand fiber infrastructure throughout the City at a substantial savings.
The City’s cost of participation for Phase I is $545,086 and was included in the FY 2020-21 Capital Improvement Program (CIP) budget. Participation allowed the City to build out our broadband network with significant cost savings, because the cost of the trench would be shared amongst all participants. Phase II (if pursued by IIG) would come as a separate agreement at a later time.
The South San Francisco Smart Corridors Expansion Project (tr2002) is part of the larger San Mateo County Smart Corridor Project designed to help with freeway incident management and to improve mobility of local arterial streets by installing Intelligent Transportation System (ITS) equipment. The Expansion Project is fully funded by the City/County Association of Governments of San Mateo County (C/CAG), using a mix of funding from the State Transportation Improvement Program (STIP), the Traffic Light Synchronization Program (TLSP) grant, and county funds.
Notably, the IIG Phase I routes align with the needs of the Expansion Project, which include Airport Boulevard, Oyster Point Road, Gateway Boulevard, South Airport Boulevard, Baden Avenue, Linden Avenue, and North Canal Street. These roads are all close to the U.S. Highway 101 corridor and consist of major and minor arterials that extend north-south parallel to U.S. Highway 101 or east-west arterial-to-freeway connectors.
The IIG Broadband Expansion Project will reduce costs for the C/CAG Expansion Project by utilizing the same fiber optic line infrastructure that is necessary for the Project to operate efficiently. Instead of paying to install a separate fiber infrastructure, C/CAG has agreed to partner with the City to use the same infrastructure being built for IIG Phase I. Attachment 3 is a map of the Expansion Project Route. C/CAG has agreed to pay the City for the purchase and installation of two, 2-inch diameter high-density polyethylene (HDPE) conduits for the Smart Corridor Project, thereby reducing C/CAG’s construction costs by an estimated $1 million and reducing the City’s $545,086 cost by $300,000. The funding agreement for conduit purchase and installation between C/CAG and the City was executed on October 28, 2020.
The City and IIG have encountered several instances where encroachment permits and other agreements have been necessary due to varying land ownership. In late 2020, the City issued the first of multiple encroachment permits to IIG allowing them to proceed with individual segments of Phase I of the Broadband Expansion Project. For the segment of the conduit installation between El Camino Real and North Canal Street, IIG encountered a segment of the roadway that is owned in fee by the San Francisco Public Utilities Commission (SFPUC). Crossing this segment of land owned by SFPUC requires each party to enter into a revocable agreement with SFPUC and a payment to SFPUC of an upfront permit fee plus monthly use fees with set yearly percentage increases. The City’s efforts to be exempt from the fee requirement were unsuccessful.
Alternatively, the City is considering granting a utility easement to accommodate the installation of public and private conduit and fiber optic lines on real property situated in and owned by the City (APN 093-331-110) to be located along the southern-most five (5) foot wide sections of said lands. Responsibility for upkeep and maintenance of this infrastructure would be the responsibility of IIG per the utility easement and the Conduit Bill of Sale and Operation of Joint Trench Agreement between IIG and the City.
Attachment 2 indicates the location of the proposed utility easement in relation to the Broadband Expansion Project. Attachment 4 highlights the location of the proposed utility easement on City property. The five (5) foot wide utility easement would run parallel to West Orange Avenue, on City property, connecting to property owned by BART under APN 093-331-110. IIG will request an encroachment permit from BART to complete the installation of needed conduit and fiber optic lines partially on said land. The section of land for the utility easement on City land is more accurately described in Attachment 5 (draft Legal Description and Plat of Utility Easement).
At this time, the approximate location of the utility easement is shown, but the final/exact location will be submitted by IIG and approved by the City. The City Manager will retain authority to authorize the final submittal of as-built utility easements for filing with the San Mateo County Recorder.
Pursuant to Government Code Section 65402, staff has concluded that the location, purpose, and extent of the proposed reservation of the utility easement for IIG’s conduit and fiber optic lines is in conformity with the City’s General Plan because (1) it fulfills the purpose of the Broadband Expansion Project and underlying land use of the General Plan; (2) the purpose of the Project is to facilitate the development of a public facility in accordance with the intent of the General Plan land use designation for a public facility; and (3) the amount of property being requested under utility easement is necessary to construct the Project as proposed.
FISCAL IMPACT
There is no additional fiscal impact related to this utility easement.
RELATIONSHIP TO THE STRATEGIC PLAN
This effort is included in the City’s Strategic Plan. It aligns with Priority #2, which is focused on enhancing quality of life.
CONCLUSION
Staff recommends that the City Council adopt a resolution approving the grant of a utility easement on City of South San Francisco property (APN 093-331-110) located at 201 West Orange Avenue for the Broadband Expansion Project (st2102) to be granted to Intermountain Infrastructure Group (IIG) for conduit and fiber optic lines and authorizing the City Manager to execute a utility easement deed.
Attachment 1 - South San Francisco Dig Once Policy
Attachment 2 - Broadband Expansion Project (st2102) Location Map
Attachment 3 - Smart Corridors Expansion Project Route Location Map
Attachment 4 - Overview Site Map and Proposed Location of Utility Easement
Attachment 5 - Legal Description and Plat of Utility Easement (draft)