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CC - Adoption of a Resolution Approving an Encroachment Agreement with XO Communications for Use of the Public Rights-of-Way at 6101 Centinela Avenue.
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Contact Person/Dept: Sammy Romo / PWD
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 (09/10/15)
Department Approval: Charles D. Herbertson, Director of Public Works/City Engineer (09/03/15)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with XO Communications (XO) for proposed fiber optic telecommunication cable at 6101 Centinela Avenue.
BACKGROUND/DISCUSSION
XO is proposing to install new fiber optic telecommunication cables via open trenching in order to provide new commercial fiber service for customers in the vicinity of 6101 Centinela Avenue.
The proposed fiber optic cable installation will begin by open trenching from an existing vault to the existing neighboring utility pole #4624612E which is 13 feet west of said vault along Centinela Avenue. One 4-inch conduit will then be placed in the trench followed by fiber optic cable. All work will take place within the concrete sidewalk. Total length of trench is approximately 13 feet.
Legal Framework
XO operates pursuant to a Certificate of Public Convenience and Necessity issued by the California Public Utilities Commission. This certificate authorizes XO to access cities’ rights-of-way. The related federal and state laws require that municipalities allow the installation of telecommunication facilities by the holder of a Certificate of Public Convenience and Necessity while allowing municipalities to impose reasonable time, place, and manner regulations pertaining to construction in and use of the public rights-of-way.
Should the City Council adopt the proposed resolution, the City’s time, place, and manner regulations will be documented in an Encroachment Agreement between the City and XO. To protect the City’s interests, this agreement will contain provisions requiring that XO repair any damage to City property, carry adequate liability insurance, defend the City if it is sued for damages caused by XO, 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 Cable Engineering Services on behalf of XO on August 20, 2015.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibit
RECOMMENDED MOTIONS
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
XO Communications for proposed fiber optic telecommunication cable at 6101 Centinela; 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.