City of Culver City, California
Agenda Item Report
Meeting Date: 06/11/2012 Item Number: C-10
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with XO Communications for Use of the Public Right-of-
Way on Overland 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 (06/08/12) and Culver
City News on (05/31 and 6/7/12)
Department Approval:
Charles D. Herbertson (06/04/12)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (06/06/12)
Chief Financial Officer Approval:
Jeff Muir (by K. Marsden) (06/07/12)
City Manager Approval:
John M. Nachbar (06/07/12)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with XO Communications to install fiber optic
telecommunication cable along Overland Avenue.
BACKGROUND/ DISCUSSION:
XO Communications is requesting to install fiber optic telecommunication cable
along Overland Avenue from the northerly City limits at Venice Boulevard to
approximately 80 feet south of Washington Boulevard in order to provide commercial
fiber service to 10202 Washington Boulevard (Sony Pictures).
XO Communications proposes to install one 4-inch PVC conduit along southbound
Overland Avenue utilizing both directional boring and open trenching. The proposed
fiber optic cable will tie-in to an existing facility located on Venice Boulevard north of
the city limits and will continue in a southeasterly direction approximately 917 feet
south of Washington Boulevard. The conduit will then cross to the east side of
Overland Avenue in a northeasterly direction into the private property at 10202
Washington Boulevard.
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 City of Culver City, California
Agenda Item Report
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. 2011-R027, the City’s
Fee Resolution for Fiscal Year 2011/2012, a fee in the amount of $3,850 was paid
by Cable Engineering Services, Inc., XO Communication’s Consulting Engineer, on
May 24, 2012.
ATTACHMENTS:
• Proposed Resolution
• System Exhibits
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
XO Communications; 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.
MEETING DATE: 06/11/12
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Agreement
with XO Communications for Use of the Public Rights-of-Way on
Overland Avenue
ATTACHMENTS
Pages
1 Resolutions, Proposed
1-2
2 System Exhibit
3-4 1
RESOLUTION NO. 2012-R
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
3
ENCROACHMENT AGREEMENT WITH X0
COMMUNICATIONS.
4
5
WHEREAS, X0 Communications has applied for a permit to encroach upon
6
Culver City's public rights-of-way in order to install conduit, fiber optic cable and related
7
8 appurtenances, as described in the application dated March 30, 2012 and in the related
9 encroachment agreement;
10
WHEREAS, X0 Communications is a telecommunications company duly
11 authorized to provide telecommunication services by the California Public Utilities
12 Commission;
13
WHEREAS, the City of Culver City is authorized to regulate time, place and
14
15 manner of the placement of telecommunication facilities in its public rights-of-way;
16
WHEREAS, Section 1120.025(D) of the Culver City Municipal Code provides
17 that encroachment permits are subject to approval by the City Council.
18
NOW, THEREFORE, the City Council of the City of Culver City, California,
19 DOES HEREBY RESOLVE, as follows:
20
The XO Communications application dated March 30, 2012 and
21
22 designated as Cable Engineering Services Project No. 17000127 is hereby approved.
23
2. The City Manager or his/her designee is authorized to execute the
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27
28 MARTIN COLE, City Clerk
Al2-00421
10
11
12
CAROL A. SC
City Attorney
WAD,
1 related encroachment agreement on behalf of the City of Culver City.
2
APPROVED and ADOPTED this day of
2012.
3
4
5
6
ANDREW VVEISSMAN, MAYOR
City of Culver City, California
7
8 ATTEST:
APPROVED AS TO FORM:
9
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28
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PROJECT NAME: SONY STUDIOS — 3900 OVERLAND AVE., CULVER CITY, CA 90232
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PROJECT DESCRIPTIONS:PLACING 1,020' or NEW UNDERGROUND CONDUIT FROM THE
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PROJECT DESCRIPTIONS: PLACING 1,020' OF NEW UNDERGROUND CONDUIT FROM THE
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1 STREET LINEAR TRENCH 231'
2 _ STREET LINEAR BORE 789'