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CC - Adoption of a Resolution Approving an Encroachment Agreement with AT&T for Fiber Optic Telecommunication Cable in the Public Right-of-Way Adjacent to 3221 Hutchison Avenue
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Contact Person/Dept: Sammy Romo / Public Works
Phone Number: (310) 253-5619
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (11/05/15)
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (10/30/2015)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with AT&T for 207 linear feet of proposed fiber optic telecommunication cable in the public right-of-way which will serve 3221 Hutchison Avenue.
BACKGROUND / DISCUSSION
AT&T is proposing to install a new fiber optic pathway for their private customer at 3221 Hutchison Avenue.
The work involves tying into the applicant’s existing splice box in the sidewalk adjacent to Hutchison Avenue, proceeding north for 50 feet, then turning east in an alley for 157 feet, and then rising up the existing utility pole in the alley. All work will be underground and installed by open-cut trenching except for the conduit riser up the existing utility pole. There are no new utility poles proposed along the route.
Legal Framework
AT&T is the holder of a statewide video franchise issued by the California Public Utilities Commission. This franchise authorizes AT&T to access cities’ rights-of-way for the purpose of constructing and maintaining telecommunication lines along and upon cities’ public rights-of-way. The related federal and state laws require that municipalities allow the installation of telecommunication facilities by statewide video franchise holders 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 October 29, 2015.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibits
RECOMMENDED MOTIONS
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
AT&T for 207 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 3221 Hutchison Avenue; 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.