title
CC - Adoption of a Resolution Approving an Encroachment Agreement with Freedom Telecommunication dba Wilcon for Use of the Public Right-of-Way Along Washington Boulevard and Kensington Road/Louise Avenue
body
Meeting Date: January 9, 2017
Contact Person/Dept: Sammy Romo/Public Works
Phone Number: 310-253-5619
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (01/04/17);
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (12/27/16)
_____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council adopt a Resolution approving an encroachment agreement with Freedom Telecommunication dba Wilcon for use of Culver City public right-of-way to install fiber optic cable along Washington Boulevard and Kensington Road/Louise Avenue in order to provide service to a wireless facility located at 11802 Washington Boulevard.
BACKGROUND/DISCUSSION
Freedom Telecommunication dba Wilcon is proposing to install a new fiber optic pathway for their private customer located at 11802 Washington Boulevard. The proposed fiber optic cable route begins from the city boundary with City of Los Angeles on Louise Avenue, aerially for 85 feet. From there, it descends down an existing utility pole and into a proposed pull box. From there, the conduit travels north for 5 feet onto Louise Avenue, then east along Louise Avenue and Washington Boulevard for 481 feet where it turns south for 5 feet into a proposed pull box, and then out for 5 more feet and into the private property.
The total distance of the new installation in the public right-of-way is 581 linear feet. There are no new utility poles proposed along the route.
Legal Framework
Freedom Telecommunication dba Wilcon is the holder of a Certificate of Public Convenience & Necessity issued by the California Public Utilities Commission. This certificate authorizes Freedom Telecommunication dba Wilcon 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 Freedom Telecommunication dba Wilcon. To protect the City’s interests, this agreement will contain provisions requiring that Freedom Telecommunication dba Wilcon repair any damage to City property, carry adequate liability insurance, defend the City if it is sued for damages caused by Freedom Telecommunication 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 for Fiscal Year 2016-17, a fee in the amount of $3,927 was paid by Freedom Telecommunication dba Wilcon on December 22, 2016.
ATTACHMENTS
1. System Exhibit
2. Proposed Resolution
MOTION
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Freedom Telecommunication dba Wilcon for 581 linear feet of proposed fiber optic telecommunication cable in the public right-of-way along Washington Boulevard and Kensington Road/Louise Avenue;
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