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REQUEST FOR <br />COUNCIL ACTION <br />CITY COUNCIL MEETING DATE: <br />FEBRUARY 18, 2014 <br />TITLE: <br />RIGHT OF ENTRY AGREEMENT WITH PAG <br />WEST, LLC, TO INSTALL FIBER OPTIC <br />CABLE IN AUTO MALL DRIVE <br />!Ea V e / <br />CITY WANAGER <br />RECOMMENDED ACTION <br />CLERK OF COUNCIL USE ONLY: <br />❑ As Recommended <br />❑ As Amended <br />❑ Ordinance on I� Reading <br />❑ Ordinance on 2°" Reading <br />❑ Implementing Resolution <br />❑ Set Public Hearing For <br />CONTINUED TO <br />FILE NUMBER <br />Authorize the City Manager and Clerk of the Council to execute a Right of Entry and License <br />Agreement with PAG West, LLC, to grant a revocable encroachment permit to install a fiber optic <br />cable at a second location across Auto Mall Drive. <br />DISCUSSION <br />On July 6, 2010, the City Council approved a Right of Entry and License Agreement for the <br />installation of an underground fiber optic backbone cable across Auto Mall Drive. This fiber optic <br />cable directly bridged the network communication systems of Crevier BMW and Crevier Mini <br />(Exhibit 1). The fiber optic cable enabled the two dealerships to communicate at its desired <br />high -speed level without delays. <br />Since then, the Penske Automotive Group (PAG) acquired numerous dealerships and properties <br />in the Santa Ana Auto Mall, including interests in both Crevier dealerships, all four <br />Commonwealth dealerships, and the Hyundai dealership. PAG has connected the <br />communication network systems of its dealerships and would like to have one integrated system <br />infrastructure. To facilitate this, PAG is requesting approval to install a second underground fiber <br />optic backbone cable across Auto Mall Drive (Exhibit 2). Since the fiber optic cable in the Auto <br />Mall Drive right -of -way will be owned and maintained by PAG - -a private party rather than a <br />public utility - -an agreement for a revocable encroachment permit is required along with <br />insurance and a surety bond. The license agreement will incorporate the existing fiber optic <br />cable. <br />ENVIRONMENTAL IMPACT <br />In accordance with the California Environmental Quality Act, the proposed project is exempt from <br />further review per section 15282 (k). Statutory Exemption ER No. 2013 -103 will be filed for this <br />project. <br />25H -1 <br />