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Title:
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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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City of Culver City, California
Agenda Item Report
Meeting Date: 04/27/2015 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with AT&T for Use of the Public Rights-of-Way on
Wesley Street
Contact Person/Dept.:Lee Torres/PW Phone Number:(310) 253-5623
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) Agenda and Meetings – City Council (04/22/15)
Department Approval:
Charles D. Herbertson (04/16/15)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (04/20/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (04/21/15)
City Manager Approval:
John M. Nachbar (04/22/15)
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 City of Culver City, California
Agenda Item Report
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.
ATTACHMENT:
? Proposed Resolution
? System Exhibit
MOTIONS:
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.