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CC - Adoption of a Resolution Approving an Encroachment Agreement with Zayo Group for Fiber Optic Telecommunication Cable in the Public Right-of-Way Adjacent to 8870 Washington Boulevard
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Contact Person/Dept: Sammy Romo/PW
Phone Number: 310-253-5619
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (03/24/16)
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (03/18/16)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with Zayo Group for 262 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 8870 Washington Boulevard.
BACKGROUND/DISCUSSION
Zayo Group is proposing to install a new fiber optic pathway for their private customer at 8870 Washington Boulevard.
The work involves tying into the applicant’s existing facilities in the sidewalk on Washington Boulevard, approximately 386 feet east of the centerline at Higuera Street, proceeding east for 262 feet into a proposed vault and then turning into the customer’s private property. All work will be underground and installed by directional boring.
The total distance of the new installation in the public right-of-way is 262 linear feet. There are no new utility poles proposed along the route.
Legal Framework
Zayo Group is the holder of a Certificate of Public Convenience & Necessity issued by the California Public Utilities Commission. This certificate authorizes Zayo Group 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 Zayo Group. To protect the City’s interests, this agreement will contain provisions requiring that Zayo Group repair any damage to City property, carry adequate liability insurance, defend the City if it is sued for damages caused by Zayo Group, 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
Zayo Group on March 16, 2016.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibits
RECOMMENDED MOTION(S)
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Zayo Group for 262 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 8870 Washington Boulevard; 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.