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CC - Adoption of a Resolution Approving an Encroachment Agreement with Sunesys for Fiber Optic Telecommunication Cable in the Public Right-of-Way on Jefferson Boulevard near Leahy Street.
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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 Sunesys for 94 linear feet of proposed fiber optic telecommunication cable in the public right-of-way on Jefferson Boulevard, approximately 127 feet east of the centerline of Leahy Street.
BACKGROUND / DISCUSSION
Sunesys is proposing to install a new fiber optic pathway in order to complete the connection of their existing fiber optic lines.
The work involves tying into the applicant’s existing splice box in the sidewalk adjacent to Jefferson Boulevard, proceeding west for 10 feet, then turning north across Jefferson Boulevard for 79 feet, and then turning east for 5 feet before rising up the existing utility pole. The conduit across Jefferson Boulevard will be placed via directional boring, and the conduit in the sidewalk will be placed by open-cut trenching.
The total distance of the new installation in the public right-of-way is 94 linear feet. There are no new utility poles proposed along the route.
Legal Framework
Sunesys is the holder of a Certificate of Public Convenience and Necessity issued by the California Public Utilities Commission. This certificate authorizes Sunesys 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 Certificate of Public Convenience and Necessity 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 Sunesys. To protect the City’s interests, this agreement will contain provisions requiring that Sunesys repair any damage to City property, carry adequate liability insurance, defend the City if it is sued for damages caused by Sunesys, 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
Sunesys on October 29, 2015.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibit
RECOMMENDED MOTIONS
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with Sunesys for 94 linear feet of proposed fiber optic telecommunication cable in the public right-of-way on Jefferson Boulevard approximately 127 feet east of the center-line of Leahy Street; 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.