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CC - Adoption of a Resolution Approving an Encroachment Agreement with Extenet Systems for Use of Culver City Public Right-of-Way to Install Fiber Optic Cable in the Area Surrounding Walgrove Avenue/Zanja Street in Culver City.
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Meeting Date: 07/25/2016
Contact Person/Dept: Sammy Romo
Phone Number: 310-253-5619
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X] Date:
Public Notification: (E-Mail) Meetings and Agendas - City Council (07/19/2016);
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer 7/15/16
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with Extenet Systems for use of Culver City public right-of-way to install fiber optic cable in the area surrounding Walgrove Avenue and Zanja Street in Culver City.
BACKGROUND/DISCUSSION
Extenet Systems is proposing to install a new fiber optic pathway in Culver City as described below and depicted on the attached map.
The proposed new aerial fiber optic line begins at the intersection of Walgrove Avenue and Zanja Street, heads west for 19 feet, then south for 154 feet, then west along the alley south of Zanja Street for 368 feet and ends at the city limit at Redwood Avenue. All fiber optic lines will be aerial and placed onto existing utility poles.
Legal Framework
Extenet Systems is the holder of a Certificate of Public Convenience & Necessity issued by the California Public Utilities Commission. This certificate authorizes Extenet to access cities’ rights-of-way for the purpose of constructing and maintaining telecommunications 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 Extenet Systems. To protect the City’s interests, this agreement will contain provisions requiring that Extenet Systems repair any damage to City property, carry adequate liability insurance and defend the City if it is sued for damages caused by Extenet Systems.
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 for Fiscal Year 2015-16, a fee in the amount of $3,927 was paid by Extenet Systems on July 15, 2016.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibit
MOTION
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with Extenet Systems for proposed fiber optic telecommunication cable in the public right-of-way near Walgrove Avenue and Zanja Street as shown in the attached System Exhibit
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.