HomeMy WebLinkAboutReso 29-2019 (19-153)File Number: 19-153 Enactment Number: RES 29-2019
RESOLUTION APPROVING A MASTER. ENCROACHMENT
AGREEMENT WITH MCI METRO ACCESS TRANSMISSION
SERVICES CORP. DOING BUSINESS AS VERIZON' ACCESS
TRANSMISSION SERVICES FOR INSTALLAI'lON OF
NETWORK FACILITIES WUHIN THE PUBLIC
RIGHTS-OF-WAY., AND AUTHORIZING THE CITY MANAGER
TO EXECUTE T14E AGREEMENT.
WHEREAS, the City of South San Francisco ("City") owns, manages, and regulates the use of public
streets, easements, and public rights-of-way that have been dedicated to the City; and
WHEREAS, private companies and public utilities have the authority under state law and Califortria
Public Utilities Commission (C` UQ decisions to install and. mai ntaffifficilities withiin these public
streets and rights-of-way., subject to regulation by the City; and
WHEREAS, MCI Metro Access Transmission Services Corp. (dba Verizon Access Transmission.
Services) ("MCl/Verizon Access") is planning fiber-optic imstallations within the City; and
III" EAS, staff recommends that the City enter into a Master Encroachment Agreement with
MCl/Verizon Access for the installation of such facilities; and
WHEREAS, the Master Encroachment Agreement would grant a revocable license to MCl/Verizon
Access to allow for the installations of these fiber-optic projects and will outline the terms and
conditions for MCl/Verizon Access's non-exclusive use of the public rights-of-way; and
WHEREAS, the Master E ricroachment Agreement would. require MCl/Verizon Access to obtain
individual encroacbriient permits Ibr each separate installation, and would provide the City with control
over the location, installation and maintenance of such facilities in the public way; and
WHEREAS, MCF Verizon Access will be required to annually submit updated maps with details of the
installations-, and
WHEREAS, the Master Encroachment Agreement would require MCl/VerizonAccess to remove or
relocate their fiber-optic, without cost to the City, should the City determine such removal or relocation
is necessary for City facilities or projects; and
WHEREAS, the City may terminate the master Encroachment Agreement with a thirty -day written
notice in the event of MCl/Verizon Access' interference with the right-of-way, uncured default,
bankruptcy or dissolution, or loss of any required legal permits; and
City of South San Francisco Page 1
File Number.• 19-153 Enactment Number. RES 29-2019
WHEREAS, approval of the Master Encroachment Agreement supports the City's Strategic Plan to
improve Quality of Life for the community, and would promote employment opportunities and
development.
NOW, THEREFORE, BE IT RESOLVED that the South San Francisco City Council approves the
Master Encroachment Agreement between the City and MCl/Verizon Access and authorizes the City
Manager to execute the agreement.
BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other
related actions consistent with the intentions of this resolution.
At a meeting of the City Council on 3/13/2019, a motion was made by Richard Garbarino, seconded by
Buenaflor Nicolas, that this Resolution be approved. The motion passed.
Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego,
Councilmember Nagales, and Councilmember Nicolas
Attest by
/osa G4ovea`Acosta.
City of South San Francisco Page 2