HomeMy WebLinkAbout2006/11/14 Item 2
COUNCIL AGENDA STATEMENT
Item d-
Meeting Date: 11/14/06
Resolution authorizing the Mayor and City Clerk to execute an
Easement Deed over a portion of City-owned land to Pacific Bell Telephone
Company for Utility and Access Purposes as necessary to install and maintain
an above ground service cabinet.
SUBMITTED BY: Acting Director of Engineering ~
/
REVIEWED BY: InterimCityManager;t
ITEM TITLE:
(4/5ths Vote: Yes_NoX)
It is requested that the City Council adopt a Resolution authorizing the granting of an easement over
a portion of City-owned land located on the east side of Oleander Avenue, south of East Palomar
Street, to Pacific Bell Telephone Company. This easement is for Utility and Access Purposes as
necessary to install and maintain an above ground service cabinet. This cabinet is being installed to
improve service to residences in the area.
RECOMMENDATION:
That Council adopt the resolution authorizing the granting of a easement over a portion of City-
owned land to Pacific Bell Telephone Company (Pac Bell) for Utility and Access Purposes and
authorizing the Mayor and City Clerk to execute the Easement Deed.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION:
Pac Bell is requesting an easement to install a new 52B cabinet on a piece of City-owned land on the
east side of Oleander Avenue, south of East Palomar Street. The design parameters of this cabinet
require that it be placed within twenty feet of an existing Service Area Interface cabinet. The only
site available within twenty feet of this service area interface is a City parcel. The new cabinet is the
next generation offaster, higher volume fiber optic communication services to be implemented in the
neighborhood.
The subject parcel was granted to the City in fee by Grant Deed dated June II, 1968 and recorded
April 29, 1969 as FilelPage No. 69-72316. While the City is under no obligation to grant this
easement without compensation, staffhas determined that the value ofthe easement is nominal and
that the benefits of upgrading service to the neighborhood outweigh any impacts caused by the
facilities. Additionally, staff has determined that the proposed easement use is consistent with the
permissible uses for this land. Staff therefore recommends that the easements be granted to Pac Bell.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 153 78(b)( 5) of the State
CEQA Guidelines; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines the
activity is not subject to CEQA. Thus, no environmental review is necessary.
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Page 2, Item d-
Meeting Date: 11/14/06
DECISION MAKER CONFLICTS: Staffhas reviewed the property holding ofthe City Council
and has found no property holdings within 500 feet of the boundaries of the property which is the
subject of this action.
FISCAL IMPACT: There is no fiscal Impact to the General Fund. All installation and
maintenance cost will be borne by Pac Bell.
Attachment - Plat showing Easement area
J:\EngineerIAGENDA\CAS2006\11-14-06\Pac Bell Oleander Easernent.doc
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RESOLUTION NO. 2006-
RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A DEED GRANTING AN EASEMENT OVER A
PORTION OF CITY-OWNED LAND TO PACIFIC BELL
TELEPHONE COMP ANY FOR UTILITY AND ACCESS
PURPOSES AS NECESSARY TO INSTALL AND MAINTAIN AN
ABOVE-GROUND SERVICE CABINET.
WHEREAS, the City of Chula Vista is the fee owner of that certain real property
situated in the City Of Chula Vista, County of San Diego, State of California, identified
as San Diego County Assessors Parcel No. 620-520-10 ("City Property"); and
WHEREAS, Pacific Bell Telephone Company ("Pac Bell") is currently upgrading
service in the neighborhood around the City Property to the next generation of faster,
higher volume fiber optic communication facilities; and
WHEREAS, Pac Bell has an existing Service Area Interface cabinet adjacent to
the City Property; and,
WHEREAS, the design parameters of the proposed cabinet require that it be
placed within twenty feet of the existing Service Area Interface cabinet and the City
Property is the only site available; and
WHEREAS, the proposed easement use is consistent with the permissible uses for
the City Property; and
WHEREAS, staff recommends that the City grant this easement without
compensation because the value of the easement is nominal and the benefits of upgrading
service to the neighborhood outweigh any potential impacts of the easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it authorizes the Mayor and City Clerk to execute a deed granting an
easement over a portion of City-owned land to Pacific Bell Telephone Company for
utility and access purposes as necessary to install and maintain an above-ground service
cabinet.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
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Ann Moore
City Attorney
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