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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 Washington Boulevard.
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City of Culver City, California
Agenda Item Report
Meeting Date: 02/09/2015 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with AT&T for Use of the Public Rights-of-Way on
Washington Boulevard
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 (02/04/15)
Department Approval:
Charles D. Herbertson (01/29/15)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (02/02/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (02/02/15)
City Manager Approval:
John M. Nachbar (02/03/15)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with AT&T for the proposed installation of fiber optic
telecommunication cables along Washington Boulevard.
BACKGROUND/ DISCUSSION:
AT&T is proposing to install new fiber optic telecommunication cables via directional
boring and open trenching along Washington Boulevard to provide commercial fiber
service for a customer at 8800 Venice Boulevard.
The proposed fiber optic cable installation will begin by tying into an existing
telecommunication manhole located on the sidewalk approximately 50 feet
southwest of the Washington Boulevard and Helms Avenue intersection. From this
point, the proposed conduit will be installed via directional boring in a southwesterly
direction along the south side of Washington Boulevard for approximately 313 feet.
The proposed line will turn north across Washington Boulevard for approximately 90
feet into private property.
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 City of Culver City, California
Agenda Item Report
federal and state laws require that municipalities allow the installation of AT&T’s
telecommunication or video facilities 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, carry adequate liability insurance (in AT & T’s case, they
are self-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
Inland Engineering Services on behalf of AT&T Cable on January 22, 2015.
ATTACHMENTS:
? 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.