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CC - Adoption of a Resolution Approving an Encroachment Agreement with Level 3 Communication for Fiber Optic Telecommunication Cable in the Public Right-of-Way Adjacent to 3828 Delmas Terrace and 3900 Overland Avenue
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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: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (12/10/15)
Department Approval: Charles D. Herbertson, Public Works Director/City
Engineer (11/30/15)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with Level 3 Communication for the following two projects:
1. 218 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 3828 Delmas Terrace,
2. 380 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 3900 Overland Avenue.
BACKGROUND / DISCUSSION
Level 3 Communication is proposing to install a new fiber optic pathway for their private customers at 3828 Delmas Terrace and 3900 Overland Avenue.
For the first project, the work involves continuing the proposed conduit run at the City of Los Angeles boundary line just south of Venice Boulevard on Delmas Terrace, then proceeding south on Delmas Terrace for 172 feet into a proposed utility vault, then turning east for 46 feet and into the customer’s private property.
The second project involves continuing the proposed conduit run at the City of Los Angeles boundary line near the north east corner of Overland Avenue/Washington Boulevard and proceeding south along Overland Avenue for 68 feet, then turning east onto Washington Boulevard for 300 feet into a proposed utility vault, then turning south for 12 feet 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 218 linear feet for the first project and 380 feet for the second one. There are no new utility poles proposed along the routes.
Legal Framework
Level 3 Communication is the holder of a Certificate of Public Convenience & Necessity issued by the California Public Utilities Commission. This certificate authorizes Level 3 Communication 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 Level 3 Communication. To protect the City’s interests, this agreement will contain provisions requiring that Level 3 Communication repair any damage to City property, carry adequate liability insurance, defend the City if it is sued for damages caused by Level 3 Communication, 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 $7,854 ($3,927 X 2) was paid by Level 3 Communication on December 2, 2015.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibits
RECOMMENDED MOTIONS
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Level 3 Communication for 218 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 3828 Delmas Terrace and 380 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 3900 Overland 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.