title
CC - Adoption of a Resolution Approving an Encroachment Agreement with Fireline Broadband for Use of the Public Right-of-Way; 1) Along Centinela Avenue Between Mesmer Avenue and Arizona Avenue; and, 2) Along Hayden Avenue South of National Boulevard.
body
Meeting Date: July 24, 2017
Contact Person/Dept: Christopher Evans/PW
Phone Number: 310.253.5621
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) Meetings and Agendas - City Council (07/18/17); (E-Mail) Fireline Broadband (07/11/17)
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer
_____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an encroachment agreement with Fireline Broadband (Fireline) for use of the public right-of-way; 1) along Centinela Avenue between Mesmer Avenue and Arizona Avenue; and, 2) along Hayden Avenue South of National Boulevard.
BACKGROUND/DISCUSSION
Fireline is proposing to install a new fiber optic pathway along Centinela Avenue and Hayden Avenue to provide broadband service and interconnect Fireline’s existing network.
The work on Centinela Avenue involves installing new underground conduit and fiber optic line. The route begins at the City boundary on the south side of Centinela Avenue near Mesmer Avenue then runs 900 feet southeast to Arizona Avenue, then turns south and runs 50 feet to an existing riser pole at the boundary line with City of Los Angeles.
The total distance of the new installation in the public right-of-way on Centinela Avenue is 950 linear feet. There are no new utility poles proposed along the route. All work will be underground and placed via directional boring.
The work on Hayden Avenue involves installing a new fiber pullbox 125 feet south of National Boulevard then new underground conduit and fiber optic line. The route runs 410 feet south from the new pullbox on the east side of Hayden Avenue terminating at an existing utility pole. There are no new utility poles proposed along the route. All work will be underground and placed via directional boring.
Legal Framework
Fireline is the holder of a Certificate of Public Convenience & Necessity issued by the California Public Utilities Commission. This certificate authorizes Fireline 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 Fireline. To protect the City’s interests, this agreement will contain provisions requiring that Fireline repair any damage to City property, carry adequate liability insurance, defend the City if it is sued for damages caused by Fireline 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 will be collected from Fireline prior to issuance of a Utility Permit.
ATTACHMENTS
1. 2017-07-24 - ATT System Exhibit
2. 2017-07-24 - ATT Proposed Resolution
MOTION
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Fireline Broadband for 950 linear feet of proposed fiber optic telecommunication cable in the public right-of-way along Centinela Avenue; and 410 linear feet of proposed fiber optic telecommunication cable in the public right-of-way along Hayden Avenue; 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