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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, Huron Avenue, and Matteson Avenue.
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City of Culver City, California
Agenda Item Report
Meeting Date: 05/11/2015 Item Number: C-18
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, Huron Avenue, and Matteson Avenue
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 (05/06/15)
Department Approval:
Charles D. Herbertson (04/30/15)
City Attorney Approval:
Carol Schwab (by R. Miranda) (05/04/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/05/15)
City Manager Approval:
John M. Nachbar (05/06/15)
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 Washington Boulevard, Huron Avenue, and Matteson Avenue.
BACKGROUND/ DISCUSSION:
AT&T is proposing to install a new fiber optic telecommunication cable via directional
boring and open trenching along Washington Boulevard to provide commercial fiber
service for a customer at 10950 Washington Boulevard.
The proposed conduit installation with fiber optic cable fiber will begin by tying into
an existing fiber optic cable located in a utility vault on the northerly side of Matteson
Avenue approximately 160 feet west of Huron Avenue. From there, the new
underground conduit will be installed in a northeasterly direction along Matteson
Avenue for approximately 180 feet before turning in a southeasterly direction on
Huron Avenue. This proposed conduit will continue underground in a southeasterly
direction for approximately 750 feet along the easterly side of Huron Avenue. The
proposed conduit will then cross Washington Boulevard and turn in a northerly
direction for approximately 480 feet before terminating in the an existing utility vault
located along the sidewalk on the east side of 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 City of Culver City, California
Agenda Item Report
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
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 14, 2015.
ATTACHMENT:
? Proposed Resolution
? System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
AT&T for Use of the Public Rights-of-Way on Washington Boulevard, Huron
Avenue, and Matteson Avenue; 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.