FROM:
Engineering
SUBJECT:
Adopt a Resolution of the City Council of the City of Fontana, California, Approving a Right-of-Way Use Agreement with Arcadian Infracom 2, LLC for the Installation, Operation, and Maintenance of Telecommunication Facilities, Pursuant to CEQA Guidelines Sections 15303 and in the Alternative 15301, and Authorizing Filing of a Notice of Exemption
Title
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RECOMMENDATION:
Recommendation
1. Adopt Resolution No. 2026-044, approving a Right-of-Way Use Agreement with Arcadian Infracom 2, LLC for the installation, operation, and maintenance of Telecommunication Facilities Pursuant to CEQA Guidelines Section 15303 and in the Alternative 15301, and authorizing filing of a Notice of Exemption.
2. Authorize the City Manager, or designee, to enter into the Agreement.
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COUNCIL GOALS:
• To invest in the City’s infrastructure (streets, sewers, parks, etc.) by maintaining and improving the city's existing infrastructure.
DISCUSSION:
Arcadian lnfracom 2, LLC ("Permittee"), a telecommunications provider, has requested authorization to install fiber optic infrastructure within the City's rights-of-way to support telecommunications services. To facilitate the proposed installation while maintaining appropriate oversight, the City and Permittee have negotiated a Right-of-Way Use Agreement.
The Agreement establishes the general terms and conditions under which the Permittee may apply for encroachment permits to install, operate, and maintain telecommunications facilities within the public rights-of-way. The Agreement does not grant a vested right to construct facilities; rather, each installation remains subject to separate City review and approval through the encroachment permitting process.
ENVIRONMENTAL REVIEW:
The proposed project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), as the project involves the installation of small new facilities, including fiber optic infrastructure, within existing public rights-of-way. In the alternative, the project is exempt pursuant to CEQA Guidelines Section 15301 (Existing Facilities), as the project consists of minor alterations to existing public facilities. The City further finds that none of the exceptions to categorical exemptions set forth in CEQA Guidelines Section 15300.2 apply. Staff is directed to file a Notice of Exemption.
ATTACHMENTS:
City of Fontana Master Encroachment Agreement with Arcadian lnfracom 2, LLC
FISCAL IMPACT:
There is no fiscal impact associated with the approval of this item.
MOTION:
Approve staff recommendation.