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Adoption of a Resolution Approving an Encroachment Agreement with AT&T for Use of the Public Rights-of-Way on Wesley Street
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Contact Person/Dept: Lee Torres/PW
Phone Number: (310) 253-5623
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (04/22/15)
Department Approval: Charles D. Herbertson (04/16/15)
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RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving an Encroachment Agreement with AT&T for a proposed fiber optic telecommunication cable along Wesley Street.
BACKGROUND/DISCUSSION
AT&T is proposing to install new fiber optic telecommunication cable via directional boring and open trenching along Washington Boulevard to provide commercial fiber service for a customer at 8770 Washington Boulevard.
The proposed fiber optic cable installation will begin by tying into an existing fiber optic cable from an existing utility pole located on the east side of Wesley Street approximately 300 feet south of Washington Boulevard. From here, a new conduit will then be installed underground along the sidewalk in a southerly direction for 30 feet. The conduit then continues underground perpendicularly across Wesley Street for approximately another 45 feet into private property at 8770 Washington Boulevard.
Legal Framework
AT&T is the holder of a statewide video franchise issued by the California Public Utilities Commission. This statewide franchise authorizes AT&T to access cities' rights-of-way for the purpose of constructing and maintaining telecommunication lines and video facilities along and upon cities' public rights-of-way. The related federal and state laws require that municipalities allow the installation of AT&T's telecommunication or video facilities but allow municipalities to impose reasonable time, place, and manner regulations pertaining to construction of telecommunications facilities within the City's rights-of-way.
The City's time, place, and manner regulations will be documented in an Encroachment Agreement between the City and AT&T. To protect the City's interests, this agreement will contain provisions requiring that AT&T repair any damage to City property, be adequately insured, defend the City if it is sued for damages caused by AT&T, and post a performance bond prior to commencing work on this project.
FISCAL ANALYSIS
Per Section 11.20.025B of the Culver City Municipal Code, the City may collect an application fee as compensation for City staff time expended in reviewing telecommunication applications. Based on Resolution No. 2013-R034, the City's Fee Resolution, a fee in the amount of $3,927 was paid by AT&T on April 9, 2015.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibit
MOTION
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
AT&T; and,
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute such documents on behalf of the City.
