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Title:
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Adoption of a Resolution Approving an Encroachment Agreement with XO Communications for Use of the Public Rights-of-Way on Hannum Avenue, Bristol Parkway, and Slauson Avenue.
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City of Culver City, California
Agenda Item Report
Meeting Date: 04/27/2015 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with XO Communications for Use of the Public Rights-
of-Way on Hannum Avenue, Bristol Parkway, and Slauson Avenue.
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 (04/22/15)
Department Approval:
Charles D. Herbertson (04/16/15)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (04/20/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (04/21/15)
City Manager Approval:
John M. Nachbar (04/22/15)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with XO Communications for the proposed installation of
fiber optic telecommunication cables along Hannum Avenue, Bristol Parkway, and
Slauson Avenue.
BACKGROUND/ DISCUSSION:
XO Communications is proposing to install fiber optic telecommunication cables via
directional boring and open trenching to provide commercial fiber services to
customers located at 200/300 Corporate Pointe.
Hannum Avenue/Uplander Way
The proposed fiber optic cable will tie-in to an existing fiber optic cable from an
existing underground vault located approximately 64 feet west of Uplander Way’s
centerline. The new conduit installation will run underground via open trenching
approximately 4 feet in an easterly direction to a new vault.
Slauson Avenue/Bristol Parkway
The proposed fiber optic cable will tie-in to an existing utility pole located along the
north side of Slauson Avenue approximately 86 feet west of the Bristol Parkway
centerline. The new conduit installation will run underground via open trenching and
directional boring in an easterly direction along the sidewalk approximately 70 feet.
The line then travels perpendicularly cross Slauson Avenue via directional boring in
southerly direction. This conduit then continues approximately 288 feet under the City of Culver City, California
Agenda Item Report
street before turning westerly toward the sidewalk to a new 2’ x 3’ vault. From this
vault, the proposed conduit installation will continue underground in a southerly
direction for approximately another 80 feet before tying into an existing vault.
The proposed installation locations described above at Hannum Avenue/Uplander
Way and Bristol Parkway/Slauson Avenue are required in order to bring the needed
fiber optic cable from Slauson Avenue to 200/300 Corporate Pointe. There are
existing underground fiber optic cables between the existing vault located at Bristol
Parkway and 200/300 Corporate Pointe to complete the service.
Legal Framework
XO Communications operates pursuant to a Certificate of Public Convenience &
Necessity issued by the California Public Utilities Commission. This certificate
authorizes XO Communications 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 & Necessity while
allowing municipalities to impose reasonable time, place, and manner regulations
pertaining to construction in and use of the public rights-of-way.
The City’s time, place, and manner regulations will be documented in an
Encroachment Agreement between the City and XO Communications. To protect
the City’s interests, this agreement will contain provisions requiring that XO
Communications repair any damage to City property, carry adequate liability
insurance, defend the City if it is sued for damages caused by XO Communications
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 Communications on April 8, 2015.
ATTACHMENT:
? Proposed Resolution
? System Exhibits
City of Culver City, California
Agenda Item Report
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
XO Communications for proposed fiber optic telecommunication cables along
Hannum Avenue, Bristol Parkway, and Slauson 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.