City of Culver City, California
Agenda Item Report
Meeting Date: 10/24/2011 Item Number: C-6
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with AboveNet, Inc. for Use of the Public Right-of-Way
along Ince Boulevard and Washington Boulevard
Contact Person/Dept.:
Lee Torres/PW
Contact Person/Dept.:
Lee Torres/PW
Fiscal Impact: Yes [] No [x] Fiscal Impact: 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 ((10/20/11), (Mail) All
adjacent businesses on (10/14/10), and Culver City News on (10/20/11)
Department Approval:
Charles D. Herbertson (10/12/11)
City Attorney Approval:
Carol Schwab (10/19/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/19/11)
City Manager Approval:
John M. Nachbar (10/20/11)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with AboveNet, Inc. (AboveNet) to install fiber optic
telecommunication cable along Ince Boulevard and Washington Boulevard.
BACKGROUND/DISCUSSION:
AboveNet is proposing to install fiber optic telecommunication cable along Ince
Boulevard and Washington Boulevard to provide commercial fiber service to local
businesses requiring secure, high bandwidth data transmission.
The proposed fiber optic cable will tie-in to an existing vault located at the centerline
of Ince Boulevard approximately 218 feet south of Washington Boulevard. From the
tie-in, approximately 182 feet will be installed northerly along the east side of Ince
Boulevard. Then, approximately 64 feet will be installed easterly along the south side
of Washington Boulevard to an existing telecommunication vault.
Legal Framework
AboveNet is the holder of a Certificate of Public Convenience & Necessity issued by
the California Public Utilities Commission. As such, Abovenet is authorized to
access cities’ rights-of-way for the purpose of installing its telecommunication
facilities. At the same time, the related federal and state laws allow cities to impose
reasonable time, place and manner regulations pertaining to accessing of the cities’
rights-of-way. City of Culver City, California
Agenda Item Report
The City’s time, place and manner regulations will be documented in an
Encroachment Agreement between the City and AboveNet. To protect the City’s
interests, this agreement will contain provisions requiring AboveNet to repair any
damage to City property, carry adequate liability insurance, defend the City if it is
sued for damages caused by AboveNet, 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 the F J S Cable Engineering Inc., Consulting Engineer, on October 4, 2011.
ATTACHMENTS:
• Proposed Resolution
• System Exhibit
MOTION:
That the City Council:
1. Adopt a resolution approving the Encroachment Agreement with
AboveNet;
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: 10/24/11
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Agreement
with AboveNet, Inc. for Use of the Public Right of Way along Ince
Boulevard and Washington Boulevard
ATTACHMENTS
Pages
Resolution, Proposed 1-2
2 System Exhibit 3 1
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RESOLUTION NO. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT AGREEMENT WITH ABOVENET
COMMUNICATIONS, INC.
WHEREAS, AboveNet Communications, Inc. ("AboveNen has applied for a
permit to encroach upon Culver City's public rights-of-way in order to install fiber optic cable
on a project located at the intersection of Ince and W. Washington Boulevards and
described in AboveNet's application dated September 7, 2011;
WHEREAS, AboveNet 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 the time, place
and manner of the placement of telecommunication facilities in its public rights-of-way;
WHEREAS, Section 11.20.025(D) of the Culver City Municipal Code provides
that encroachment permits are 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. The encroachment permit application for the project located at the
intersection of Ince and W. Washington Boulevards, designated by AboveNet as File Name
17759 ABV and described in AboveNet's application dated September 7, 2011 is hereby
approved.
2. The City Manager is authorized to execute the related
-1- ./
tor CAROL - A. SCHWAB,
City Attorney
encroachment agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2011.
MICHEAL O'LEARY, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
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MARTIN COLE, City Clerk
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