City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a Resolution approving an
Encroachment Permit Agreement with MCImetro Access Transmission Services
(MCImetro) and authorize the Public Works Director to sign this agreement on
behalf of the City of Culver City.
BACKGROUND:
MCImetro submitted an application to the City for an encroachment permit to install a
fiber optic telecommunication cable to the Symantec Corporation building located at
900 Corporate Pointe in order to provide access to the MCI network. The Symantec
project is currently under construction and has been approved for two five-story office
buildings, containing 550,000 square feet and a six-level subterranean parking
structure with 1,940 parking spaces. Between now and the end of September,
Symantec will be installing furniture and equipment. On October 1, 2007, Symantec
proposes to obtain a Temporary Certificate of Occupancy and begin moving staff into
the building. In order to finalize the installation of much of the technical equipment
and for Symantec to meet this move-in schedule, a fiber optic transmission line is vital
and is required to be installed as soon as possible.
Meeting Date: 07/23/07 Item Number: A-5
AGENDA ITEM: Consideration of Adoption of a Resolution Approving an
Encroachment Permit Agreement with MCImetro Access for Use of the Public
Rights-of-Way on Slauson Avenue Between Sepulveda Boulevard and Bristol
Parkway.
Contact Person/Dept.: Roland Miranda/City
Attorney and Andy O’Connell/PW Dept.
Phone Number: 310.253.5660
310.253.5606
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List via email on July 18, 2007
Destry Hippen, MCImetro Access Construction Manager, by phone on July 18, 2007
Department Approval:
Carol Schwab (7/16/07)
Charles Herbertson (7/13/07)
City Attorney Approval:
Carol A. Schwab (07/18/07)
City Controller Approval:
Marlee Chang (07/18/07)
City Manager Approval:
Jerry B. Fulwood (07/18/07) City of Culver City, California
City Council Agenda Item Report
Culver City Municipal Code (CCMC) Chapter 11.20 (“Telecommunications Regulatory
Requirements”) provides that an encroachment permit must be obtained by entities
installing and operating telecommunications facilities in the City’s public rights-of-way.
CCMC Sect. 11.20.030. Pursuant to CCMC Section 11.20.025 (D), the City Council
has the authority to approve such encroachment permits.
DISCUSSION:
The work being proposed by MCImetro involves installing four-1¼" conduits, with fiber
optic, beginning at an existing MCImetro facility located at the intersection of
Sepulveda Boulevard and Slauson Avenue. The alignment continues easterly on
Slauson Avenue, approximately 20 feet northerly of the southerly curb line, to the
project’s terminus at 900 Corporate Point, just before Bristol Parkway. The route for
this proposed project is depicted in Attachment 3. This alignment covers
approximately 2,530 linear feet. Along with the conduits, there will be two-
3’Wx5’Lx4’D and one-4’Wx4’Lx4’D manholes that will be constructed within the
roadway along this route. This work will involve directional boring.
The California Public Utilities Commission (PUC) has issued a Certificate of Public
Convenience & Necessity to MCImetro. This PUC certificate authorizes MCImetro to
access cities’ rights-of-way. The City cannot prohibit or inhibit such access. The City
does have a right to impose reasonable time, place and manner regulations on
MCImetro’s access to the City’s rights-of-way.
The City’s time, place and manner regulations are documented in the Encroachment
Permit Agreement, No. 2007-002, which the City Council is being asked to consider
authorizing tonight. To protect the City’s interests, the agreement contains provisions
requiring that MCImetro repair any damage to City property, carry adequate liability
and automobile insurance, defend the City if it is sued for damages caused by
MCImetro and post a performance bond prior to commencing work on this project.
FISCAL ANALYSIS:
Per Section 11.20.025.B of the Culver City Municipal Code, the City shall collect an
application fee as compensation for City staff time expended in reviewing
telecommunications applications. Based on the time spent by City Attorney’s Office
and Public Works Department staffs reviewing MCImetro’s application, the City billed
MCImetro $4,105 and has received payment for the services.
City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
• Encroachment Permit Agreement No. 2007-002, Proposed
• Resolution No. 2007-R____, Proposed
• Project Map
• MCImetro Application/Questionnaire for Encroachment Permit
MOTIONS:
That the City Council
Adopt the Resolution approving the Encroachment Permit Agreement, No. 2007-
002, with MCImetro and authorize the Public Works Director to sign the agreement
on behalf of the City of Culver City.
|10 10|MEETING DATE : 07/23/07
AGENDA ITEM:
Consideration of Adoption of a Resolution Approving an
Encroachment Permit Agreement with MClmetro Access
for Use of the Public Right-of-Way on Slauson Avenue
Between Sepulveda Boulevard and Bristol Parkway.
ATTACHMENTS
Pages|1010|Encroachment Permit Agreement
1 - 22
2 Resolution
23 - 24
3 Project Map
25
4 MClmetro Application/Questionnaire
26 - 32ENCROACHMENT PERMIT AGREEMENT
No. 2007-002
PARTIES: MClmetro Access Transmission Services LLC
ATTN: Manager, Municipal Affairs
2400 N. Glenville Drive
Richardson , TX 75082
("PERMITTEE")
City of Culver City, a Municipal Corporation
9770 Culver Boulevard
Culver City CA 90232
("CITY")
ENCROACHMENT AREA:
2,530 feet along Slauson Avenue from Sepulveda Boulevard to Bristol Parkway, as
more specifically depicted in Exhibit A (attached hereto and incorporated herein by
reference as though set forth in full).
RECITALS:
A. WHEREAS , PERMITTEE desires to install fiber optic lines and cables ("PROJECT") within
portions of the City of Culver City rights-of-way, as shown in Exhibit A, for the purpose of providing
telecommunications services.
B. WHEREAS , such PROJECT will encroach under and across the public rights-of-way and may
require trenching and/or boring within said public rights-of-way.
C. WHEREAS, the PROJECT is covered by a Negative Declaration pursuant to the California
Environmental Quality Act, California Public Resources Code §§21000 et seq.
D. WHEREAS , PERMITTEE desires to secure the permission of the City of Culver City to install
and maintain the PROJECT to provide telecommunications services.
NOW THEREFORE , in consideration of the mutual promises and agreements hereinafter
contained, the parties hereto agree as follows:
1. Permission to Encroach. CITY hereby gives the PERMITTEE permission to encroach and
occupy under and along the public rights-of-way of the ENCROACHMENT AREA, for the purpose of
constructing, operating, maintaining, improving (to the extent such improvement does not involve
excavations in public rights-of-way not located in the ENCROACHMENT AREA) and removing fiber
optic lines and cables in the public rights-of-way specifically depicted in Exhibit A and in accordance
with CITY's Rights-of-Way Management Plan & Standards (Culver City Municipal Code Section
9.08.307). This PROJECT shall be at the sole cost and expense of PERMITTEE and shall conform
to that certain document entitled "Negative Declaration - Competitive Local Carriers' (CLCs) Projects
for Local Exchange Telecommunications Service throughout California" executed by the CaliforniaMClmetro Encroach. Agrmt
Page 2 of 9
Public Utilities Commission on December 7, 1995 (a copy of which will be attached hereto as Exhibit
B and incorporated herein by reference as though set forth in full).
The terms of this Encroachment Permit Agreement (AGREEMENT) are based on the type of
telecommunications facilities required by PERMITTEE to provide its authorized services.
PERMITTEE acknowledges that any change in the nature of the facilities or its legal authority to
provide services, or in applicable law, may affect the CITY's regulatory authority over such facilities.
PERMITTEE further acknowledges that both PERMITTEE' s use of CITY rights-of-way and this
AGREEMENT are subject to such future lawful authority as the CITY exercises in its discretion.
2. Intentionally Deleted.
3. Application Review Costs. PERMITTEE shall reimburse CITY for the time required of CITY
staff to review PERMITTEE' s encroachment permit application at the rates adopted by resolution of
CITY's City Council.
4. Term of the Agreement. The term of this AGREEMENT shall be for a period of ten (10) years
from the date of execution of this AGREEMENT, with two (2) five-year extensions, unless terminated
earlier pursuant to other provisions of this AGREEMENT.
5. Public Utility Status of PERMITTEE. PERMITTEE represents to CITY that PERMITTEE has
obtained Certificate of Public Convenience and Necessity ("CPCN") No. 95-12-057 and dated
December 20, 1995, for the provision of telecommunications services . PERMITTEE has represented
that its CPCN authorizes construction activities in relation to the PROJECT. PERMITTEE has further
represented that the PROJECT will be used solely for purposes authorized by its CPCN. Finally,
PERMITTEE has represented that it is a "Telephone Corporation " within the meaning of the California
Public Utilities Code , that the PROJECT involves the construction and operation of "telephone lines"
and that the PROJECT will result in the carriage of telephone service.
6. Rights Granted and Reserved . The rights granted by this AGREEMENT are granted based
upon representations by PERMITTEE that PERMITTEE' s operations shall be solely for the purposes
set forth in California Public Utilities Code Section 7901 . If PERMITTEE uses the PROJECT for
purposes other than the provision of Section 7901 services , or if the PROJECT is found not to be
sanctioned by the CPCN, or if it is ultimately determined that CITY is not precluded by California
Public Utilities Code Sections 7901 and 7901.1, California Government Code Section 50030, or any
other applicable laws or regulations , from imposing compensation requirements , CITY reserves the
right to charge PERMITTEE lawful compensation for the use of CITY's rights-of-way, as permitted. In
addition , neither party waives any rights reserved under the Telecommunications Act of 1996
including , but not limited to, those rights set forth in Section 253(c) of that act , reserving to
municipalities the right to manage their public rights-of-way and to require fair and reasonable
compensation from telecommunications providers for use of public rights-of-way.
7. Supervision and Repair. All work and entry upon, over, under, or along the public rights-of-
way shall be done under PERMITTEE's supervision in a good and skillful manner and shall comply
with all reasonable standards imposed by CITY from time to time. PERMITTEE agrees to abide by
the standards set forth in the Rights-of-Way Management Plan, adopted pursuant to Culver City
Municipal Code Section 9.08.307. To this end, a PERMITTEE representative shall be physically
present at any construction site at all times that construction or excavation is being conducted
KV-D
2MClmetro Encroach. Agrmt
Page 3 of 9
pursuant to this AGREEMENT and any excavation in connection with this PROJECT shall be
monitored by PERMITTEE for any lateral movement.
8. PERMITTEE's Obligation to Repair Damage and Restore Property. PERMITTEE agrees to
repair any and all damage (including , but not limited to , subsidence , cracking , erosion, collapse,
weakening or loss of lateral support ) to any CITY property ( including , but not limited to , streets, walks,
public rights-of-way, gutters , utility lines and systems , underground utility lines and systems or sewer
systems and sewer lines ) resulting from the installation , maintenance or operation of the PROJECT at
no expense to CITY and to the satisfaction of CITY. In addition , PERMITTEE agrees to restore all
CITY property affected by construction of the PROJECT to the condition it was in prior to
commencement of PROJECT at no expense to CITY and to the satisfaction of CITY.
9. No Right, Title or Interest. The permission granted hereunder shall not in any event
constitute an easement on or an encumbrance against the public rights-of-way. No right, title or
interest in the public rights-of-way, or any part thereof, shall vest or accrue in PERMITTEE by reason
of this AGREEMENT or the issuance of any excavation or street use permit, or any other permits
issued by the Public Works Department, or exercise of the privilege given thereby.
10. Possessory Interest. The parties agree that no possessory interest is created by this
AGREEMENT. However, to the extent that a possessory interest is deemed created by operation of
law, PERMITTEE acknowledges that notice is and was hereby given to PERMITTEE pursuant to
California Revenue and Taxation Code §107.6 that use or occupancy of any public property pursuant
to the authorization herein set forth may create a possessory interest which may be subject to the
payment of property taxes levied upon such interest. PERMITTEE shall be solely responsible for any
and all taxes, fees and assessments relating to its use and maintenance of the PROJECT.
11. Termination. Either party may terminate this AGREEMENT at any time by providing one
hundred eighty (180) days' written notice of said termination to the other party. CITY agrees that it
shall terminate this AGREEMENT only in the event it determines the PROJECT causes jeopardy to
the public health, welfare or safety, or if the CPCN terminates, is revoked, or is abandoned, or if
PERMITTEE ceases to be a "Telephone Corporation" within the meaning of the California Public
Utilities Code.
Should said termination occur , if requested in writing by the CITY's Public Works Director,
PERMITTEE shall remove its PROJECT at its own expense and shall repair and restore all CITY
property and all public rights-of-way which were affected by the placement , maintenance, and
removal of the PROJECT to a condition satisfactory to CITY. If removal of the PROJECT is required
by the CITY'S Public Works Director , the removal of the PROJECT and the repair of CITY property
and public rights-of-way shall be completed within ninety (90) days of the date the CITY'S Public
Works Director requests removal . If no request for removal is received from the CITY'S Public Works
Director within ninety (90) days of the effective termination date of this AGREEMENT, PERMITTEE
may abandon the PROJECT in place , to the CITY's satisfaction , and the abandoned
telecommunication facilities shall be deemed conveyed to the CITY and PERMITTEE shall have no
further obligation to remove , relocate , or maintain such facilities and no further right to control or use
such facilities.
12. Permittee's Liability for All Damages. PERMITTEE shall assume all responsibility for all
damages to property or injuries to persons which may arise from or be caused by PERMITTEE's
performance under this AGREEMENT or by the performance of any other party acting on|1010|DMClmetro Encroach. Agrmt
Page 4 of 9
PERMITTEE's behalf in furtherance of this AGREEMENT. The obligations of this paragraph apply
regardless of whether such damage or injury accrues or is discovered before or after termination of
this AGREEMENT.
13. Insurance.
(a) PERMITTEE shall obtain, pay for, and maintain during the life of this AGREEMENT a
Commercial General Liability policy, including Contractual Liability, and an Automobile
Liability policy, which shall protect it and the CITY from claims for injuries and damages.
These policies shall name the City of Culver City, its elected and appointed officials,
officers , agents , and employees as additional insured under the policies except for Workers
Compensation . These policies shall be maintained in the following amounts:
(1) COMMERCIAL GENERAL LIABILITY INSURANCE in an amount not less than
FIVE MILLION DOLLARS ($5,000, 000) per occurrence for personal injuries,
including accidental death , to any one person ; property damage insurance in an
amount not less than FIVE MILLION DOLLARS ($5,000, 000) and subject to the
above limits and combined single limit of insurance in an amount not less than
FIVE MILLION DOLLARS ($5,000,000);
(2) AUTOMOBILE LIABILITY INSURANCE endorsed for all owned and non-owned
vehicles with a combined single limit of at least FIVE MILLION DOLLARS
($5,000, 000) per occurrence for personal injuries , including accidental death, to
any one person ; and for property damage;
(3) WORKERS ' COMPENSATION INSURANCE in the statutorily required amount.
(b) These policies shall contain a "Severability of Interest" clause and a "Primary Coverage"
clause for any loss arising from or caused by PERMITTEE's performance of the
AGREEMENT. In addition , the policies shall contain a statement of obligation on the
insurance carrier's part to notify the CITY, by certified mail/return receipt requested , at least
thirty (30) days in advance of any policy cancellation or termination or any reduction in the
amount of coverage.
(c) Before starting operations under this AGREEMENT, PERMITTEE shall furnish the
CITY with a "certificate of insurance " and, with respect to the Commercial General and
Automobile Liability Insurance polices, an "additional insured endorsement", the certificate
countersigned by the insurance carrier or its authorized representative , on forms
satisfactory to the CITY's City Attorney, which set forth the above provisions.
(d) The countersigned certificate, along with the additional insured endorsement, shall
state: "The City of Culver City, its elected and appointed officials , officers , agents, and
employees are named as additional insured under this policy . This insurance is primary to
the coverage of the City of Culver City. Neither the City of Culver City nor any of its insurers
shall be required to contribute to any loss. This policy contains a 'severability of interest
clause ."' The additional insured requirement may be satisfied through the use of a blanket
additional insured endorsement.
PERMITTEE SHALL FURNISH THE REQUIRED CERTIFICATE(S) OF INSURANCE AND
ENDORSEMENT (S) PRIOR TO THE ISSUANCE OF PERMITS FOR CONSTRUCTION. AFTER
CONSTRUCTION OF PROJECT HAS BEEN COMPLETED, PERMITTEE SHALL FURNISH CITY
n u 4MClmetro Encroach. Agrmt
Page 5 of 9
DOCUMENTARY PROOF OF BEING IN CONTINUING COMPLIANCE WITH THE REQUIREMENTS
OF THIS PARAGRAPH EVERY TWO YEARS.
14. Performance Bond . Prior to the issuance of any permits pursuant to this AGREEMENT,
PERMITTEE shall file with CITY a performance bond in the amount of fifty thousand dollars
($50,000 ), on a form approved by the CITY'S City Attorney, to ensure satisfactory completion of,
and/or repairs to, the PROJECT. CITY shall release this bond one year after CITY' S inspection and
final acceptance of the construction pursuant to the terms of PERMITTEE 's permit (s). To the extent
that PERMITTEE is engaged in a joint build with one or more other permittees , the obligation to
obtain a performance bond under this section lies only with the lead company of the joint build.
15. Indemnification. PERMITTEE agrees to and shall defend, indemnify and hold harmless CITY,
its elected and appointed officials, officers, agents, employees, and representatives from all suits and
causes of action, claims, charges, damages, demands, judgments, civil fines, and penalties or losses
of any kind or nature whatsoever, arising out of this AGREEMENT for all claims of any kind including
without limitation, for damage or claims for damage for personal injury, including death, and claims for
property damage which may arise directly or indirectly from this AGREEMENT or damage to
PERMITTEE'S PROJECT including, but not limited to, those claims which arise out of:
a) The performance or the failure to perform the obligations in this AGREEMENT by
PERMITTEE, or its contractors, subcontractors, agents, employees, or any other person or
entity acting on PERMITTEE's behalf; and,
b) The design placement, maintenance, repair, or condition of the PROJECT. This indemnity
and obligation to hold harmless shall apply regardless of whether or not CITY prepared,
supplied, or approved plans or specifications or inspected any of the work or improvements
installed and constructed pursuant to this AGREEMENT. Specifically, PERMITTEE agrees
to defend, indemnify and hold harmless CITY, and its officers, agents, employees and
representatives from the following damages or claims for damages: (1) any indirect,
special, punitive or consequential damages (including, but not limited to, any claim for loss
or services) to PERMITTEE, or any other person arising from any damage to
PERMITTEE'S telecommunications facilities; and, (2) any damage or claims for damages
resulting from damage to PERMITTEE's telecommunications facilities caused by third
persons.
16. Limits of CITY Liability. In no event shall CITY be liable, under any theory, to PERMITTEE for
any damage to PERMITTEE's telecommunications facilities caused by any excavation or work
performed by CITY at or near the location of the PROJECT. Neither PERMITTEE nor CITY shall be
liable, under any theory, to the other for any indirect, special punitive or consequential damages
(including, but not limited to, any claim for loss of services) nor shall CITY be liable, under any theory,
for damage to the telecommunications facilities caused by any other persons.
17. Representation by Counsel . Where PERMITTEE is required to provide legal services to
CITY under Paragraph 15, and chooses to utilize joint counsel , the parties shall make a good faith
effort to cooperate and agree upon litigation strategy and implementation thereof . In the event CITY
determines that PERMITTEE 'S litigation strategy and implementation decisions are unreasonable, or
not in CITY's best interest , or that separate counsel is necessary for the representation of CITY, CITY
may obtain separate legal counsel chosen by CITY at PERMITTEE' s cost and expense . CITY shall
5MClmetro Encroach. Agrmt
Page 6 of 9
submit to PERMITTEE on a regular basis statements for attorney's fees , which shall be paid to CITY
within sixty (60) days of PERMITTEE' s receipt of said statement.
18. Compliance with All Laws. PERMITTEE shall comply with all applicable federal, state and
local laws, rules and regulations.
19. Permits. All excavation, installation, maintenance or repair requiring excavation in the public
rights-of-way for the PROJECT shall be done under permit(s) issued by the Public Works
Department. Such excavation shall be at the sole cost and expense of PERMITTEE and shall
substantially conform and be limited to the area covered by the PROJECT, as depicted in Exhibit A.
20. Default. In the event of default by either party to this AGREEMENT, the other party shall have
available all remedies at law or in equity not otherwise provided for herein, including, by way of
illustration but not limitation, suits for injunctive or declaratory relief, specific performance, relief in the
nature of mandamus, or action for damages. Provided, however, PERMITTEE shall not have
available an action for damages against CITY or any related person or entity except and to the extent
of CITY's negligence, willful misconduct or criminal acts. All remedies, including the remedies
specified in this AGREEMENT, shall be cumulative and not exclusive of one another, and the
exercise of any one or more of said remedies shall not constitute a waiver or election with respect to
other available remedy.
21. City Performance Standards. In the event PERMITTEE fails to perform any of its obligations
under this AGREEMENT within a reasonable period after delivery of written notice of such failure and
CITY performs any work including, but not limited to, repairing or maintaining the street
improvements, CITY shall only be obligated to perform such work in a manner consistent with the
standard practices of the CITY in performing street work and construction. CITY shall not be obligated
to repair or replace any materials or improvements in a form or manner consistent with Exhibit A, or
any plans and specifications, and CITY shall not be responsible for any damages to PERMITTEE as
a result of CITY performing such work, including, but not limited to, mitigation of damages due to
PERMITTEE's prior work. PERMITTEE shall reimburse CITY for its full costs, including allocated
overhead, of any work performed by CITY pursuant to this paragraph.
22. Abandonment . Notwithstanding Paragraph 11 herein , if PERMITTEE ceases use of or
abandons the telecommunications facilities or any portion thereof for a continuous period in excess of
one hundred eighty ( 180) days without written notice of terminating , CITY may require PERMITTEE
to remove such telecommunications facilities and return the public property to a condition satisfactory
to CITY or, if CITY so elects, abandon its property to the ownership of CITY without the payment of
any compensation.
23. Relocation . PERMITTEE shall remove or relocate , without cost and/or expense to CITY, any
telecommunications facilities if and when made necessary by any installation , abandonment , change
of grade , alignment or width of any street , sidewalk or other public facility , including the construction,
maintenance , or operation of any other CITY or other public agency underground or aboveground
facilities , including but not limited to : any sewer , storm drain , conduits , gas, water , electric or other
utility system, or pipes owned by CITY or any other public agency , provided that CITY or other
public agency is acting in its governmental capacity. In the event all or any portion of any public
rights-of-way occupied by said facilities shall be needed by CITY or other public agency for a
governmental purpose or in the event the existence of said facilities shall be considered detrimental
the public health, safety , welfare, or convenience or to governmental activities, including but not
r(
6MClmetro Encroach. Agrmt
Page 7 of 9
limited to , interference with CITY or other public agency construction projects , or is in conflict
vertically and/or horizontally with any proposed CITY or other public agency installation , PERMITTEE
shall remove and relocate , without cost or expense to CITY, said facilities to such other location or
locations on the public rights -of-way as may be designated by the CITY or other public agency. Said
removal or relocation shall be completed , without cost or expense to CITY, within ninety (90) days of
notification by CITY unless urgent needs dictate a shorter period for removal or relocation. In the
event said facilities are not removed or relocated within said period of time, CITY or other public
agency may cause the same to be done at the sole cost and expense of PERMITTEE. Further, in the
event of an emergency , as reasonably determined by CITY or other public agency , CITY or other
public agency may remove or relocate such facilities without prior notice to PERMITTEE, provided
that PERMITTEE is notified within a reasonable period thereafter . To the extent relocation of
PERMITTEE's facilities is required solely to accommodate (i) a non -public agency third party for non-
governmental reasons , (ii) CITY acting in a proprietary capacity for non -governmental reasons, or (iii)
CITY acting on behalf of a non-public agency third party for non-governmental reasons , the relocation
shall be paid for in advance by CITY or the non-public agency third party. Additionally, CITY, using
reasonable efforts , shall first consult with, or cause any party requesting relocation of PERMITTEE's
facilities to consult with, PERMITTEE to determine whether relocation is actually necessary , and if so,
how the costs of such relocation could be minimized . In the event relocation is required , CITY shall
use best reasonable efforts to assist, or to cause any party requesting relocation of PERMITTEE's
facilities to use best reasonable efforts to assist PERMITTEE in identifying a place to relocate
PERMITTEE's facilities.
24. Underground Service Alert. PERMITTEE acknowledges that it is presently a member of
"Underground Service Alert of Southern California" and agrees to maintain and keep current its
membership in said organization throughout the term of this AGREEMENT.
25. Notices . All notices hereunder must be in writing and , unless otherwise provided herein, shall
be deemed validly given on the date either personally delivered to the address indicated below; or
when received by certified mail, return receipt requested via U.S . Mail. Should CITY or PERMITTEE
have a change of address , the other party shall immediately be notified in writing of such change,
provided , however , that each address for notice must include a street address and not merely a post
office box . All notices , demands or requests from PERMITTEE to CITY shall be given to CITY
addressed as follows:
City Manager
City Hall
9770 Culver Blvd.
Culver City, CA 90232-0507
All notice, demands or requests from CITY to PERMITTEE shall be given to PERMITTEE addressed
as follows:
MClmetro Access Transmission Services LLC
Attn: Manager, Municipal Affairs
2400 N. Glenville Dr.
Richardson, TX 75082
With a copy to:
Verizon Business , Legal and External Affairs|1010|5MClmetro Encroach. Agrmt
Page 8 of 9
Attn: Assistant General Counsel
2400 N. Glenville Dr.
Richardson , TX 75082
26. Assignments/Transfers. PERMITTEE may not sell , assign, transfer or lease any interest in
this AGREEMENT without the prior written consent of CITY.
27. Amendment. Notwithstanding anything in this AGREEMENT, this AGREEMENT may be
amended by mutual written consent of the parties hereto.
28. Non-Waiver. A waiver by either party of any breach of any term, covenant, or condition
contained in this AGREEMENT shall not be deemed to be a waiver of any subsequent breach of the
same or any other term, covenant, or condition contained in this AGREEMENT whether of the same
or different character.
29. Severability. If any part of this AGREEMENT is held invalid, the remaining terms and
conditions shall not be affected unless their enforcement under the circumstances would be
unreasonable, inequitable, or otherwise frustrate the purposes of this AGREEMENT.
30. Understanding of the Parties. This AGREEMENT, including the Exhibits attached hereto,
constitutes the entire agreement between the parties, and supersedes any previous oral or written
agreements with respect to the subject of the AGREEMENT.
[Remainder of page intentionally left blank]
8MClmetro Encroach. Agrmt
Page 9 of 9
MClmetro ACCESS TRANSMISSION SERVICES LLC
By:
Name ( Print):
Title:
Dated:
CITY OF CULVER CITY
By: Dated:
Jerry Fulwood
City Manager
APPROVED AS TO CONTENT:
By: Dated:
Charles Herbertson
Public Works Director
APPROVED AS TO FORM:
By: Dated:
Carol A. Schwab
City Attorney
9EXHIBIT A
Project MapSymantec 900 Corporate Pt Map Dual 06 11 07
0 yds 200 400 600
Copyright 01!708.2003 Microsoft Corp . andfor its suppliers. All rights reserved. hap:Nwww .micro5oh.c0IY*resta
0 Copyright 2002 by Geographic Data Technology , Inc. All rights reserved. 02002 Navigation TechtWoglatt. M rights reserved. This data includes IMOrmadon taken with penryasion from Canadian authorities 01991-2002 Government of Canada
(Statistics Canada artdror Geomelica Canada), all rights reserved.EXHIBIT B
PUC Negative DeclarationSTATE (r' -ORNIA PETE WILSON, Governor
PL__. _ UTILITIES COMMISSION
105 VAN NESS AVENUE
SAN FRANCISCO, CA 94102.3298
NEGATIVE DECLARATION
Competitive Local Carriers' (CLCs)
Projects for Local Exchange Telecommunication Service throughout California.
PROJECT DESCRIPTION:
The California Public Utilities Commission's Decision 95-07-054 enables various
telecommunication companies to compete with local telephone companies in providing local
exchange service . Previous to this decision, local telephone service was monopolized by a single
utility per service territory. The Commission has received 66 petitions from companies to provide
competitive local telephone service throughout. areas presently served by Pacific Bell and GTE
California.
The 66 petitioners include cable television companies , cellular (wireless) companies , long-distance
service providers , local telephone service providers , and various other telecommunication
companies that specialize in transporting data.
40 of the 66 petitions are for approval of facilities -based services, which means that the petitioners
propose to use their own facilities in providing local telephone service . The remaining 26
petitions are strictly for approval of resale-based services, meaning that telephone service will be
resold using another competitor's facilities . (Most of the facilities-based petitioners offer resale-
based services as well.) The 40 facilities-based petitions indicate that physical modifications to
existing facilities may be required, and construction of new facilities is a possibility in the long-
term . (See Appendix B for a list of the facilities- based petitioners) The 26 resale-based
petitions are strictly financial and billing arrangements that involve no construction and are
therefore considered to be exempt from the California Environmental Quality Act (CEQA) (Public
Resources Code Sections 21000 et seq.).
Since many of the petitioners are initially targeting local telephone service for areas where their
telecommunication infrastructures are-already established, very little construction is envisioned.
In fact, approximately one-third of the 40 facilities-based petitioners indicate that no modifcations
or extensions are necessary since their facilities are already equipped to begin competition for
local telephone services. For service areas that are beyond their current infrastructure, the
petitioners generally plan to resell services, rather than build additional facilities.
The remaining facilities-based petitioners will need to make modifications to their facilities. Some
of these modifications are minor in nature, the most common being the installation of a switch that
connects potential customers to outside systems. Switch installation is necessary because -
customers receiving a particular type of service may not have access to local telephone networks.
For example, customers receiving cable television service are presently unable to connect to local
telephone networks, because of the differences in modes of service. A switch installation by a
cable television provider is one step that makes the connection possible. Switch installation isconsidered a minor modification because it typically involves a single installation within an
existing central communication facility or building.
Besides the minor modifications, a minority of companies are planning to install their own fiber
optic cables to provide adequate service. Cables will be installed within existing utility
underground conduits or ducts, or attached to utility poles with existing overhead lines whenever
possible.
Fiber optic cables are extremely thin, and existing conduits will likely be able to hold
multiple cables.
However, if existing conduits or poles are unable to accomodate additional
cables, then new conduits or poles will need to be constructed by the petitioner. In this case, the
petitioners will construct within existing utility rights-of-way. There is also the possibility that the
petitioners may attempt to access other rights-of-way (such as roads) to construct additional
conduits: Extension of existing rights-of-way into undisturbed areas is not-likely, but a possibility.
The installation of fiber optic cables into underground" conduits will vary in complexity depending
upon the conditions of the surrounding area For example, in urban, commercial areas, utility
conduits can be accessible with minimal, groundbreaking and installation simply requires stringing
the cable through one end of the conduit and connecting it to the desired end. In this case, major
excavation of the right-of-way is unnecessary. However, there may also be conditions where
access to the conduit will require trenching and excavation.
Many of the petitioners have no plans to construct service boxes or cabinets which contain
batteries for the provision of power or emergency' power. The dimensions of the boxes vary, but
basically range from three to five feet in height. Depending upon the type of technology and
facilities operated by the petitioner, smaller service boxes (approximately 3 inches in height)
would be used for power supply and backup power. Those petitioners who have no plans to use
such boxes already have capable power and backup power within their existing facilities The
few petitioners who will need such boxes, have committed to placing the boxes in existing
buildings, or in underground vaults. If conditions do not permit building or underground
installation, the petitioners would use small low profile boxes that are landscaped and fenced
Cellular companies that wish to compete in providing local service are already required to comply
with Commission regulations for the construction of new facilities or modification of existing
facilities.
The Commission's General Order (G.0.) 159 requires the cellular utilities to obtain all
necessary local approvals and permits for a new or modified cell site before it receives approval
from the Commission. This may involve an environmental review under CEQA.
All the petitioners state their intention to compete in the territories presently served by Pacific Bell
and GTE California. These territories
encompass many of California's 58 counties, and therefore
include almost all types of zoning designations. However it is unclear at this time if all zoned
areas
will be affected by the projects since the petitioners are not specific where they intend to
compete in the long-run.
It is expected that most of the petitioners will initially compete for customers in urban, dense
2.commercial
areas and residential zones where their telecommunication infrastructures already
exist . In general, the petitioners' projects will be in places where people live or work. Cellular
companies are somewhat of an exception in that . they are not limited to urban or residential zones.
Cellular. technology is wireless and therefore enables them to provide communication service in
areas that could be less populated but contain major transportation thoroughfares . Thus in some
limited instances, the targeted areas for cellular projects could potentially be in agricultural,
industrial , or uninhabited forested zones, depending upon the proximity of roads, streets or
highways . However, this is not anticipated in the near-term.
The California Public Utilities Commission is the lead agency in approving these petitioners
' intent
to compete in the local exchange .market. Additional approvals by other agencies may be required
depending upon the scope and type of construction proposed by the petitioner (e.g. federal, other
state agencies , and ministerial permits by local agencies).
ENVIRONMENTAL DETERMINATION
An Initial Study was prepared to assess the projects ' potential effects on the environment, and the
respective significance of those effects . Based on the Initial Study, the CLCs' projects for
competitive local exchange service have the potential to cause significant adverse effects on the
environment in the area of Land Use and Planning , Geological Resources, Water, Air Quality,
Transportation and Circulation , Hazards, Noise, Public Services, Aesthetic and Cultural
Resources . The projects will have less than a significant effect in other resource areas of the
checklist . It should be noted that Findings 2 through 10 are for those projects which require
work within existing utility rights-of-way for the purpose of modifying existing facilities or
installing new facilities . Finding 1 is applicable for work outside of the existing utility rights-of-
way.
In response to the Initial Study, the following specific measures should be incorporated into the
projects to assure that they will not have.any significant adverse effects on the environment. (See
Public Resouces Code Section 21064.5.)
As a general matter, many of the mitigation measures rely on compliance with local standards
and the local ministerial permit process. Although local safety and aesthetic input is essential in
minimizing the impact of the petitioner's construction, localjurisdictions cannot impose
stand2rds or permit requirements which would prevent petitionersfrom developing their service
territories, or otherwise interfere with the statewide interest in competitive telecommunication
service. Therefore, the petitioners' required compliance with local permit requirements is
subject to this limitiation.
The findings of the draft Negative Declaration were modified in response to comments filed
during the public comment period (See Appendix C for responses to comments.) Changes are
marked by italics.
3I. The proposed projects could have potentially significant environmental effects for all
environmental factors if a proposed project extends beyond the utility right-of-way into
undisturbed areas or into other rights-of-way. ("Utility right-of-way" mearu any utility
right-of-way, not limited to only telecommunication utility . right-of-way.) For the most
part, the petitioners do not plan.to conduct projects .that are beyond--the- utility right-of-.
way. However, should this occur, the petitioner shall file a Petition to Modify its
Certificate for Public Convenience and Necessity (CPCN). An appropriate
environmental analysis of the impacts of these site specific activities shall be done.
2.
The proposed projects will not have any significant effects on Population and Housing,
Biological Resources, Energy and Mineral Resources, and Recreation if the proposed
projects remain within existing utility right-of-way. There are no potential environmental
effects in these areas, or adequate measures are incorporated into the projects to assure
that significant effects will not occur.
3. The proposed projects could have potentially significant environmental effects on
Geological Resources because possible upgrades or installations to. underground conduits
may induce erosion due to excavation, grading and fill. It is unclear as to how many times
underground conduits may be accessed by the petitioners, but it is reasonable to assume
that constant excavation by various providers could result in erosion in areas where soil
containment is particularly unstable.
In order to mitigate any potential effects on geological resouces, the petitioners shall
comply with all local design, construction and safety standards by obtaining all applicable
ministerial permits from the appropriate local agencies. In particular, erosion control
plans shall be developed and implemented for areas identified as particularly unstable or
susceptible to erosion . If more than one petitioner plans to excavate geologically sensitive
areas, coordination of their plans shall be necessary to minimize the- number and duration
of disturbances.
4. The proposed projects could have potentially significant environmental effects on Water
Resources because possible upgrades or installation to underground conduits may be in
close proximity to underground or surface water' sources . While the anticipated
construction will generally occur within existing utility rights-of-way, the projects have the
potential to impact nearby water sources if heavy excavation is required as the method of
access to the conduits.
.In order to mitigate any potential effects on water resources , the petitioners shall comply
with all local design, construction and safety standards. This will include consultation with
all appropriate local and state water resource agencies for projects that are in close
proximity to water resources, underground or surface . The petitioners shall comply with
all applicable local and state water resource regulations Appropriate site specific
mitigation plans shall be developed by the petitioners if the projects impact water quality,
4drainage, direction, flow or quantity. If there, is more than one petitioner for a particular
area that requires excavation, coordination plans shall be required to minimize the number
and duration of disturbances.
5. The proposed projects could have potentially significant environmental effects on Air
Quality because possible excavation efforts for underground conduits may result in yehicle
emissions and airborne dust for the immediate areas of impact . This is especially
foreseeable if more than one petitioner should attempt such work in the same locale.
While the impact will be temporary, the emissions and dust could exceed air quality
standards for the area.
The petitioners shall develop and implement appropriate dust control measures during
excavation as recommended by the applicable air quality management district. The
petitioners shall comply with all applicable air quality standards as established.by the
affected air quality management districts If there is more than one petitioner for it
particular area that requires excavation, coordination plans
shall be required to minimize
the number and duration of disturbances.
6. The proposed projects could have potentially significant environmental impacts on .
Transportation and Circulation and Public Services because uncoordinated efforts by the
petitioners to install fiber optic cable could result in a cumulative impact of traffic
congestion,
insufficient parking and hazards or barriers for pedestrians. This is forseeable
if the competitors choose to compete in the same locality and desire to install their own
cables .
If the selected area is particularly dense with heavy vehicular or pedestrian traffic,
the impacts could be enormous without sufficient control and coordination.
Uncoordinated efforts may also adversely impact the quality and longevity of public
street maintenance because numerous excavation activity depreciates the life of the
surface pavement.
The petitioners shall coordinate their efforts to install fiber optic cables or additional
conduits so that the number of encroachments to the utility rights-of-way are minimized.
These coordination efforts shall also include Wected transportation and planning agencies
to coordinate other projects unrelated to the petitioners' projects.
Besides coordinating
their efforts, the petitioners shall abide by all local construction, maintenance and safety
standards by acquiring the necessary ministerial permits from the appropriate local
agency. Examples of these permits are excavation, encroachment and building permits.
Appropriate construction start and end times, and dates if appropriate, shall be employed
to avoid peak traffic periods and to minimize disruption, especially if the petitioners' work
encroaches upon transportation rights-of--,way.
7. The proposed projects could have potentially significant hazard-related effects because
uncoordinated construction efforts described above could potentially interfere with
emergency response or evacuation plans . There is also potential for an increase inoverhead lines and poles which carry hazard-related impacts.
The same . mitigation plan as described in the previous section is applicable here as well,
and shall be augmented by notice to and consultation with emergency response or
evacuation agencies if the proposed project interferes with routes .used for emergencies or
evacuations. The coordination efforts shall include provisions so that emergency or
evacuation plans are not hindered . If the projects result in an increase in overhead
communication lines, the petitioner shall obtain the necessary ministerial permits to erect
the necessary poles to support the lines The Commission's Safety and Enforcement
Division shall include these facilities as part of its overhead line regular inspections so
that the requirements of G.D. 95 are met.
8. The proposed projects could have potentially significant environmental effects on Noise
because it is possible some projects may require excavation or trenching . Although the
effect is likely to be short-term,.existing levels of noise could be exceeded.
If the petitioner requires excavation, trenching or other heavy construction activities which
would produce significant noise impacts, the petitioner shall abide by all applicable local
noise standards and shall inform surrounding property owners and occupants (particularly
school districts, hospitals and the residential neighborhoods) of the day(s) when most
construction noise would occur . Notice shall be given at least two weeks in advance of
the construction.
•'9. The proposed projects could have potentially significant environmental effects on
aesthetics because it is possible that additional lines on poles in utility rights-of-way could
become excessive for a particular area . Moreover, there is potential for an increase in
above grade utility service boxes or cabinets which also carry aesthetic impacts.
Local aesthetic concerns shall be addressed by the petitionersfor all facilities that are
above grouna in particular all types of service boxes or cabinets The local land use or
planning agency shall be consulted by the petitioner so that any site-specc aesthetic
impacts are assessed and properly mitigated
10. The proposed projects could have potentially significant environmental effects on
cultural resources because situations involving additional trenching may result in
uncovering unanticipated archaeological or historical resources.
Should cultural resources be encountered during construction, all earthmoving activity
which would adversely impact such resources shall be halted or altered so as to avoid
such impacts, until the petitioner retains the service of a qualified archaeologicalist who
will do the appropriate examination and analysis. The' archaeologist shall provide
proposals for any procedures to mitigate the impact upon those resources encountered.In summary, the Mitigation Measures recommended in this environmental determination are:
A) All Environmental Factors : if a proposed project extends beyond the utility right-of-
way into undisturbed areas or other right -of-way, the petitioner shall file a Petition to
Modify its Certificate for Public Convenience and Necessity (CPCN). ('Utility right-of-
way" means any utility right-of-way, not limited to only telecommunications utility right-
of-way.) An appropriate environmental analysis of the impacts of these site specific
activities shall be done.
If the projects remain within the utility right-of-way, the following Mitigation Measures are
recommended:
B) General Cumulative Impacts : in the event that more than one petitioner seeks
modifications or additions to a particular locality, the petitioners shall coordinate their
plans with each other, and consult with affected local agencies so that any cumulative
effects on the environment are minimized . These coordination efforts shall reduce the
number and duration of disturbance to existing utility right-of-way. Regardless of the
number of petitioners for a particular-locality, the petitioner shall consult with, and
abide by the standards established, by all applicable local agencies. Each petitioner
shall file a quarterly report, one month prior to the beginning of each quarter, that
summarizes the construction projects that are anticipated for the coming quarter. The
summary will contain a description of the type of construction and the location for each
project so that the local planning agencies can adequately coordinate multiple projects if
necessary. The reports will also contain a summary of the petitioner's compliance with
all Mitigation Measures for the projects listed
The quarterly reports will be filed with
the local planning agencies where the projects are expected to take place and the
Telecommunications Branch of the Commission Advisory and Compliance Division
(CACD). The CACD filing will be in the form of an informational advice letter.
Subsequent quarterly reports shall also summarize the status of the projects listed in
previous quarterly report, until they are completed
C) Geological Resouces : the petitioners shall comply with all local design construction
and safety standards by obtaining all applicable ministerial permits from the appropriate
local agencies including the development and approval of erosion control plans. These
shall be developed and implemented for areas identified as particularly unstable or
susceptible to erosion. If more than one petitioner plans to excavate sensitive areas,
coordination of their plans shall be necessary to minimize the number of disturbances.
The
petitioner's compliance with this Mitigation Measure shall be included in its quarterly
report.
D) Water Resources: the petitioners shall consult with all appropriate local and state
water resource agencies for projects that are in close proximity to water resources, .
underground or surface. The petitioners shall comply with all applicable local and state
7water resource regulations including the development
of site speck mitigation plans
should the projects impact water quality, drainage, direction, flow or quantity. If there is
more than one petitioner for a particular area that requires excavation , coordination plans
shall be required to minimize the number of disturbances . The petitioner's compliance
with this Mitigation Measure. shall be included in its quarterly, report.
E) Air Quality : the petitioners shall develop and implement appropriate dust control'
measures during excavation as recommended by the applicable air quality management
district. The petitioners shall comply with all applicable air quality standards as
established by the affected air quality management districts. If there is more than one
petitioner for a particular area that requires excavation, coordination plans shall be
required to minimize the number of disturbances . The petitioner ' s compliance with this
Mitigation Measure shall be included in its quarterly report.
F) Transportation and Circulation and Public Services : the petitioners shall coordinate
their efforts to install fiber optic cables or additional conduits so that the number of
disturbances to the utility rights-of-way are minimized. These coordination efforts shall
include affected transportation and planning agencies to coordinate other projects
unrelated to the petitioners' projects . Besides coordinating their efforts, the petitioners
shall abide by all local construction, maintenance and safety standards by acquiring the
necessary ministerial permits from the appropriate local agency. Examples of these
permits are excavation, encroachment and building permits. Appropriate construction
start and end times, and dates if appropriate, shall be employed to avoid peak traffic
periods, especially if the petitioners' work encroaches upon transportation rights-of-way.
Notice to the affected ected area (surrounding property owners and occupants) shall be given
at least two weeks in advance of the construction . The notice will provide the time and
dates of the proposed construction and discussion of potential impacts on traffic and
circulation. The notice required for Mitigation Measures F and H shall be consolidated
The petitioner's compliance with this Mitigation Measure shall be included in its
quarterly report.
G) Hazards: the petitioners shall use the Trans?ortation and Circulation mitigation
measure and augment it by informing and consulting with emergency response or
evacuation agencies if the proposed project interferes with routes used for emergencies or
evacuations. The coordination effort shall include provisions so that emergency or
evacuation plans are not hindered . If the projects result in an increase in overhead
communication lines, the petitioner shall obtain the necessary ministerial permits to erect
the necessary poles to support the lines The Commission's Safety and Enforcement
Division shall include these facilities as part of its overhead line regular inspections so
that the requirements of G.O. 95 are met. The petitioner's compliance with this
Mitigation Measure shall be included in its quarterly report.
H) Noise : the petitioner shall abide by all applicable local noise standards and shallinform surrounding property owners and occupants, particularly school districts, hospitals
and the residential neighborhoods, of the day(s) when most construction noise would
occur if the petitioner plans excavation, trenching or other heavy construction activities
which would cause any significant noise . Notice shall be given at least two weeks in
advance of the construction. The notice required for Mitigation Measures F and H shall
be consolidated The petitioner's compliance with this Mitigation Measure shall be
included in its quarterly report.
I) Aesthetics: All applicable local aesthetic standards will be addressed by the
petitioners for all facilities that are aboveground in particular all types of service boxes
or cabinets. The local land use agency shall be consulted by the petitioner so that any
site -specific aesthetic impacts are assessed and properly mitigated The petitioner's
compliance with this Mitigation Measure shall be included in its quarterly report.
J) Cultural Resources : Should cultural resources be encountered during construction, all
earthmoving activity which would adversely impact such resources shall be halted or
altered until the petitioner retains the service of a qualified archaeologicalist who will do
the appropriate examination and analysis. The archaeologist will provide proposals for
any procedures to mitigate the impact upon those resources encountered. The petitioner's
compliance with this Mitigation Measure shall be included in its quarterly report.
General Statementfor all Mitigation Measures:
Although local safety and aesthetic input is essential in minimizing the impact of the petitioner's
construction, local jurisdictions cannot impose standards or permit requirements which would
prevent petitioners from developing their service territories, or otherwise interfere with the
statewide interest in competitive telecommunication service. Therefore, the petitioners' required
compliance with local permit requirements is subject to this limitiation.
9With the implementation of the mitigation measures fisted in A) - I) above, the Commission
should conclude that the proposed projects will not have one or more potentially significant
environmental effects . The Commission should also adopt 'a Mitigation Monitoring Plan which
will ensure that the Mitigation Measures listed above will be followed and implemented. The
Mitigation Monitoring Plan will be included as'an appendix in the Commission decision which
adopts this final Negative Declaration.
.
6-z llll'eelt-^- 4^^
I
Douglas Long, Manager
Environmental and Energy Advisory Branch
Commission Advisory and Compliance Division
Date
101|10101010101010|RESOLUTION NO. 2007-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT PERMIT AGREEMENT FOR
MCIMETRO ACCESS TRANSMISSION SERVICES, LLC.
WHEREAS, MClmetro Access Transmission Services, LLC ("MClmetro") has
applied for a permit to encroach upon Culver City's public rights-of-way in order to install
fiber optic cables, as described in the application it submitted on June 12, 2007, and in the
related Encroachment Permit Agreement, No. 2007-002;
WHEREAS, MClmetro is a telecommunications company duly authorized to
provide telecommunication services by the California Public Utilities Commission;
WHEREAS, the City of Culver City is authorized to regulate time, place and
manner of the placement of telecommunication facilities in its public rights-of-way;
WHEREAS, Chapter 11.20 of the Culver City Municipal Code provides that an
encroachment permit is required for installation of telecommunication facilities in the City's
public rights-of-way, which permit is subject to approval by the City Council.
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE, as follows:
1. Encroachment Permit Agreement No.2007-002, permitting MClmetro to
install fiber optic lines and cables in specified areas of the City's public
rights-of-way, is hereby approved by the City Council.
2. The Public Works Director is authorized to execute
-1-1|10101010101010|Encroachment Permit Agreement , No. 2007-002, on behalf of the City
of Culver City.
APPROVED and ADOPTED this day of 2007.
ALAN CORLIN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
CHRISTOPHER ARMENTA, City Clerk CAROL A. SCHWAB,
City Attorney
A07-00509
-2-Symantec 900 Corporate Pt Map Dual 06 11 07
0 yds 200 400
2003 Microsoft Corp. an&or its suppliers . M iiphts reserved . httpJMnvw.microso t.mr tresb
60o
0 Copyd t 1002 by Geopraphlc Data Technofogy, Inc. M Vag reserved . 02002 Navigation Tea wlogies . M rights reserved. This data includes Information taken with perrNsslon from Canadian auUaritIes 01991-2002 Government of Canada
(Statistics Canada and/or C%eoma0cs Canada), all rights reserved.OFFICE OF THE CITY ATTORNEY
CITY OF CULVER CITY
9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507
CAROL A. SCHWAB
City Attorney RIGHTS-OF-WAY USERS QUESTIONNAIRE
(310) 253-5660
FAX (310) 253-5664
There has been a significant increase in the number of applicants to install underground
telecommunication and cable television facilities in the City. Competitive local exchange
carriers; competitive access providers, inter-exchange carriers, cable television
companies and others have filed applications for permits. The substantial increase in
construction activity has caused and has the potential to cause a material and adverse
impact on: street surface life, pedestrian and vehicle traffic flow, quality of life in
residential areas, and the conduct of commerce in general by retail businesses in the City.
In addition, the increase in construction activity has affected the ability of the City's staff
to process applications, monitor construction practices, inspect new facilities, and handle
traffic flow problems.
Therefore, The City of Culver City has decided to require applicants for permits to
provide supplemental information in order to determine, among other things: whether
applicants can share facilities, whether the proposed facilities will be used for activities
that are subject to regulation by the City, the state and/or the federal government, and
whether the proposed manner, timing and place of construction presents the best balance
between a minimal impact on City facilities and quality of life on the one hand and the
applicant's business purposes on the other.
Therefore, no application for a permit to excavate or otherwise construct facilities in the
public rights-of-way located in the City will be processed until the following questions
have been answered. Applicants are encouraged to answer the questions directly on this
form. However, if additional space is needed, applicants are free to attach additional
informational.
As used below, "CLEC" refers to a company that has been certificated as a competitive
local exchange carrier by the California Public Utility Commission ("CPUC"). "LEC"
refers to a local exchange carrier certified by the CPUC and includes GTE and Pacific
Bell. A "CAP" refers to a competitive access company authorized to do business in
California. "Applicant" refers to the owner of the telecommunication facilities, including
cable television facilities that will be installed in the rights -of-way if the permit
application is granted. "Agent" refers to a contractor or other agent filing an applicant.
Page I of 6OFFICE of'r1-IL CITY ATTORNEY
CITY OF CULVER CITY
9770 CtiLV FR 130t11 .EVARI), C'UI.VE R CITY . C.\I.(Fl.IRNIA 90232-u507
CAI,OI. A. SCHWAB
City Attorney
RIGHTS-OF- WA V USERS QUESTIONNAIRE
(310) 253-5t60
FAX (3101253-56(4
A. General I nformation
1. Name, address, phone, and fax numbers of the appliCall
l
t
.
. i n e - r o A C C eS.S
ASS/o17
7 -a-j 7, P- 9
2. Name, address, phone, and fax numbers of the ageali Qor^ctlm-^r ^c.^^c^
L^2^ r
/7(0 Arras
-/
Ob
4. Contractor license class :.
5. Contractor license numbe r: _ O/1,3(0
6. Explain the authority oft he applicant to excavate the rights-of - 7e-
c^P zrl/C/C' x '
Al 6/-r ,/^^l^i
-^..._
c S^yl .
__
1C 7_sOSZ
3. Name, address , phone, and fax numbers of the contact person ur71C/ ct.^
' -h ee /^ orrm
1 ^s^iQ
7. Is the applicant a LEC or CLEC in California? Yes
J
No q Other q
S.
If the answer to Question 7 is "Yes" or "Other", provide the applicant's CPUC.
certificate number and (copy of CPC'N, Negative Declaration, and warrant that they have
complied with C.EQA mitigation requirements, if requested):
9.
In an attachment hereto, the applicant should identify any and all parent companies,
subsidiary companies, or sister companies to applicant.
10/fir'asp- see
r^tied^^yc 7
10.
Does the applicant have an open video system "OVS" license issued by the F=CC
(copy required, if requested)? Yes q No|10 10|11. Will the applicant use the telecommunications facilities, i .nclucling cable television
facilities requested herein to carry traffic on information ]:or:
Yes No
a. An affiliated company q
b. Another certificated telephone company q ^l
c. A competitive access provider q I^
d.
A cable television or other entertainment Company q
C.
Other (Identify in an attachment hereto) q
/QaSe ,SAOFFICE OF 'rHI, : CFFY ATTORNEY
CITY OF CULVER CITY
9770 CUI .VIOR HOL1IJiVARI>. C1 ILVER (ITV. C;11.II i)I: I:^ 7ii? 33-Q> ^7
RIGHTS-OF-WAV USERS QUI STIOIVN,IIRE
C-4-
14:7
(310)253-56 60
FAN (10) 2 :.;r,o;
12. If the answer to any part of Question 10 was `'Yes". please explain the nature of the
traffic to be carried and identify the companies involved in an attachment hereto.
13, If the applicant intends to provide services to persons, residences, businesses, or
others within the political boundaries of The City ofCu]ver City, please explain the
nature of the services and provide a general description of the intended customers.
14. Will the facilities proposed to be installed by the applicant be used for:
Yes No
a. Cable television or video entertainment services q 9
b. An Open Video System under FCC rules q
c. Any service not authorized by applicant's CI'1.1C
Certificate q )gl
15. If any part of Question 13 was answered .-Yes". in an attachment hereto, please
provide a full explanation of the services to be carried, the companies involved and the
intended customers.
A///¢
16. List below the application Or permit numbers of all pending applications and permits
issued by The City of Culver City to applicant (or a related company) which relate
directly or indirectly to this application.
Application/Permit No. Date Filed Date Issued
^0 5 / 1 7/07
Vage 3 of 0
CAROL A. SCHWAi3
City AttorneyOFFICE OF'ITlE CITY ATTORNLY
CITY OF CULVER CITY
9770 CU1.\ FR 1301I1.tr:V :\ RI), (.'i.:C.Vlrk CITY. C A
').)_ -
l::\ROI., A. 5C11w;13
Cil.v Anonwev RIGHTS-OF-W41' USERS QUES77ON.-1IRE
10-1 251-i660
FAX (310 )25 3-if-.64
17. If applicant intends to attach any part of the telecommunications, including cable
television infrastructure which is the stlb
ject. in whole or in part, of this application to a
pole, please describe the pole attachment plans below, including route
, Schedule,
equipment to be used, etc.
f
i+//
A/C,
/5 % ^2 a c h^erl
18. Attach an appropriate
scale neap to show' the route that the telecommunications
infrastructure will take through the City. Using colors and a clear legend to show the
following: (
1) the infrastructure that is proposed in the application
, (2) overhead. plant
that will be installed , even if it is not subject to the application , (3) existing infrastructure
owned by applicant (or its affiliate)
to which the new plant will be attached or integrated,
(4) to the extent known at the time of
filing, the entire illfrasirLlcture that is planned for
the City. If the
map scale is too small to show the information clearly, the applicant will
8 be required to supply a larger map.
' ? ( P a s -e SAP ,#
n ecj
P4 QC
B.
Proposed Telecommunications Infrastructure .^+
21. Describe the conduit that will be installed as part of the construction proposed in the
application. Include size , number of conduits , nature of inner duct (if any), material
. . , , ,
440 3 G £oh / °^ fcLiC^a /2 _
20.
Indicate the number of conduits/inner ductsthat will be occupied initially by
applicant's cable.
21. Provide the following information on any conduit that will be installed as part of the
construction proposed in this application.
Yes No
Will applicant use directional boring to install conduit'? co q
Will applicant direct bury ( trench) the conduit? q %L
Will conduit
be installed for other parties during this
construction? q
l
Is applicant
willing to lease conduit to oilier pa ties'? q
Is applicant going to participate in joint trench?
CI h
Is applicant willing
to participate in joint trench'? JXI q
a, wed
^y^
111-'leas.
P
see
manufacturer etc ) PVC (HDPEOFFICE OFTIME CITY ATTOWNEY
.•u oL A. SC I IWAI3
City Attorney
CITY OF CULVER. CITY
9770 C'ULVI:: R I3OUL.EVARD . C'tJLVI RCI'fl'. C'At.IFORNIA 90232.0507
RIGHTS-01,"- W/1 1r USERS O UESTIONN-41RE
(3101253-5660
FAX (3It?I253-56t4
22. Describe the pull boxes and the splice boxes to be installed by applicant (include
size, model number, and manufaeturer):___ 71 'IA&C- CDA/C2&"7C- Jf ,e V K 4
MA# KO(2S
W ILc. ,^
Lu 5^ _^_._ _D^t WoeT^l
MAWU F1.cThQ8* 15 QUICK St
D. Describe the type of cable (fiber-optic, twisted-pair, copper, coaxial , etc.) that will be
installed by applicant as part of, or as a result of the construction proposed in this
application.
/ / /
1 ^2 l - .^ /.d e` i G r t-C1/
I)
-tl
- pSGT
C. Impact on City Resources and Quality of Life
24. Assuming that a qualified party, such as a CLEC or a national CAP, approached the
applicant about sharing facilities on economic terms that were reasonable, would the
applicant be willing to share facilities:
Yes No
In general? m q
Share available conduit or inner duct? q
Share fiber strands in a fiber cable'? q I^
Share splice boxes'? q
Share trenching costs in a joint construction project'? 91 q
25. In order to minimize the impact of applicant's proposed construction, has the
applicant:
Yes No
Checked pending applications and recently granted permits
in The City of Culver City to determine whether the
opportunity to construct using joint trench, or the opportunity
to share facilities is available? q l1
Proposed to use directional boring in areas where it would
Minimize the impact on residents and businesses'? J^ q
If no directional boring is proposed, please explain why below:
Iu C S oI COFFICE OF TFII: CITY ATTORNEY
CITY OF CULVER CITY
9770 CUI_V1? R 1301!t.1[VARn. ('UL\'LR CITY. CALI1 OIN IA 9023 2- 0j()7
C.AROI- A. SCI I\VAI3
City Attorney
RIGHTS-Or-fMY USERS QUESTIONNAIRE
^3101253.56GO
FAX (310)253-5o 64
Applicant agrees to comply with The City of Culver City 's land use and planning process
(including public notification) for the location of any structures or facilities to be placed
in or adjacent to the City's public rights-of-way. The applicant further agrees to provide
all necessary i nformation requested by the City including required documentation to
conduct app ]icable CEQA review.
a tti n
^, dL[TD Si,ned under penalty of perjary, this
A
_Z2_-day of
Applicant:
^^lr
? 72 r0 .^7GG^?sS /s'ah /SS^a^t , v^'YEG2S LLC
(owner of the facilities to be installed in the public rights-of-way)
Attk oriie,d Repr scntative J Printed Name
I'awc6off)Attached Page 7
9. Verizon Business has 2 telecommunication operating companies in the State of California:
MClmetro Access Transmission Services LLC is a CLEC
MCI Communications Services, Inc. is a long distance operator.
Verizon Business is a division of Verizon Communications.
11. Pursuant to State and Federal requirements , applicant may have obligations to allow other
qualified telecommunications companies (including subsidiaries and affiliates) access to and use
of any available telecommunication facilities . Applicant will provide tariffed and non-tariffed
telecommunications services as authorized by the CPUC and FCC to businesses, residences or
both.
21. Applicant will provide tariffed and non-tariffed telecommunication services as authorized by the
CPUC and FCC to businesses, residences or both . Pursuant to State and Federal requirements,
applicant may have obligations to allow other qualified telecommunications companies (including
subsidiaries and affiliates) access to and use of any available telecommunication facilities.
11