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Title:
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Adoption of a Resolution Approving an Encroachment Agreement with Freedom Telecommunications dba WILCON for Use of the Public Rights-of-Way on Uplander Way
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City of Culver City, California
Agenda Item Report
Meeting Date: 04/13/2015 Item Number: C-10
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with Freedom Telecommunications dba WILCON for Use
of the Public Rights-of-Way on Uplander Way
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 (04/08/15)
Department Approval:
Charles D. Herbertson (04/01/15)
City Attorney Approval:
Carol Schwab (by R. Miranda) (04/06/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (04/07/15)
City Manager Approval:
John M. Nachbar (04/08/15)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Freedom Telecommunication dba WILCON
(WILCON) for a proposed installation of fiber optic telecommunication cables along
Uplander Way.
BACKGROUND/ DISCUSSION:
WILCON is proposing to install new fiber optic telecommunication cables for both
dark fiber (for future use) and active fiber (such as Ethernet and dedicated internet
access services) for businesses in the Culver City area.
The proposed fiber optic cables will intercept existing facilities located approximately
67 feet southeast of Uplander Way where a new vault will be installed. From there,
the proposed fiber optic cables will be installed underground via directional boring
approximately 544 feet in an easterly direction along the south side of Uplander Way
to a new vault. Then, they will continue into private property and tie into existing
conduits in front of 5830 Uplander Way.
Legal Framework
Freedom Telecommunications, Inc. dba WILCON is the holder of a Certificate of
Public Convenience and Necessity issued by the California Public Utilities
Commission. This Certificate authorizes Freedom Telecommunications, Inc. dba
WILCON to access cities’ rights-of-way for the purpose of constructing and
maintaining telecommunication lines and video facilities along and upon cities’ public City of Culver City, California
Agenda Item Report
rights-of-way. The related federal and state laws require that municipalities allow the
installation of Freedom Telecommunications, Inc. dba WILCON telecommunication
facilities but also 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 Freedom Telecommunications, Inc.
dba WILCON. To protect the City’s interests, this agreement will contain provisions
requiring that Freedom Telecommunications, Inc. dba WILCON repair any damage
to City property, carry adequate liability insurance, defend the City if it is sued for
damages caused by Freedom Telecommunications, Inc. dba WILCON 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 on March 26, 2015.
ATTACHMENTS:
? Proposed Resolution
? System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Freedom Telecommunications, Inc. dba WILCON; and,
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.