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CC - Adoption of a Resolution Approving an Encroachment Agreement with XO Communications for Use of the Public Right-of-Way near 5701 Buckingham Parkway
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Meeting Date: November 14, 2016
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: [] Attachments: [X]
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (11/09/16);
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (11/04/16)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with XO Communications for use of Culver City public right-of-way to install fiber optic cable in the area near 5701 Buckingham Parkway.
BACKGROUND/DISCUSSION
XO Communications is proposing to install a new fiber optic pathway for their private customer at 5701 Buckingham Parkway.
The work involves tying into the existing utility pole on the northwest corner of Slauson Avenue/Buckingham Parkway; then installing conduit heading east for 55 feet, then heading north along Buckingham Parkway for 209 feet; then heading west for 37 feet and tying into a proposed vault; then heading east for 37 feet, then north for 286 feet, then west for 84 feet, then north for 86 feet into a proposed vault. The conduit then turns east for 70.5 feet into a proposed vault; then 238 feet east into another proposed vault; then 179 feet east and 35 feet north into a proposed vault. From there the conduit will head east for 116 feet into the client’s private property. All work will be under ground and installed by directional boring.
The total distance of the new installation in the public right-of-way is 1,565 linear feet.
Legal Framework
XO Communications is the holder of a Certificate of Public Convenience & Necessity issued by the California Public Utilities Commission. This certificate authorizes XO Communications 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 & 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 XO Communications. To protect the City’s interests, this agreement will contain provisions requiring that XO Communications repair any damage to City property, carry adequate liability insurance, defend the City if it is sued for damages caused by XO Communications 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 for Fiscal Year 2016-17, a fee in the amount of $3,927 was paid by XO Communications on November 1, 2016.
ATTACHMENTS
1. System Exhibit
2. Proposed Resolution
MOTION
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
XO Communications for 1,565 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 5701 Buckingham Parkway;
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute the documents on behalf of the City.