City of Culver City, California
Agenda Item Report
Meeting Date: 10/08/2012 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with XO Communications for Use of the Public Right-of-
Way Along Adams Boulevard, Washington Boulevard and La Cienega Boulevard
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 (10/04/12)
Department Approval:
Charles D. Herbertson (09/27/12)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (10/04/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/04/12)
City Manager Approval:
John M. Nachbar (10/04/12)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with XO Communications to install fiber optic
telecommunication cables along Adams Boulevard, Washington Boulevard, and La
Cienega Boulevard.
BACKGROUND/ DISCUSSION:
XO Communications is requesting to install fiber optic telecommunication cables
along Adams Boulevard, Washington Boulevard, and La Cienega Boulevard via
aerial and underground installation in order to provide commercial fiber service to
9050 Washington Boulevard.
Aerial Installation:
XO Communications proposes aerial installation of new fiber optic cable on existing
utility poles located along the north side of Adams Boulevard and Washington
Boulevard. The fiber optic cable would begin at the northeast corner of Adams
Boulevard and Fairfax Avenue and head westerly along existing utility poles for
approximately 1,060 feet to an existing utility pole located on the northeast corner of
Washington Boulevard and La Cienega Boulevard.
Underground:
XO Communication proposes to continue the installation of the new fiber optic
telecommunication cable underground via directional boring across the intersection
of Washington Boulevard and La Cienega Boulevard. The underground segment will
begin at the northeast corner of Washington Boulevard and La Cienega Boulevard
and head in a southeasterly direction across Washington Boulevard along the
eastside of La Cienega Boulevard for approximately 215 feet. This line will terminate
at an existing manhole located on the sidewalk at the southeast corner of City of Culver City, California
Agenda Item Report
Washington Boulevard and La Cienega Boulevard. This new line will be connected
to existing fiber optic cables already in place completing service to the customer
located at 9050 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
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. 2012-R035, the City’s
Fee Resolution for Fiscal Year 2012/2013, a fee in the amount of $3,927 was paid
by the Cable Engineering Services, Inc., XO Communication’s Consulting Engineer,
on September 19, 2012.
ATTACHMENT:
• 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: 10/08112
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Agreement
with XO Communications for Use of the Public Rights-of-Way on
Adams Boulevard, La Cienega Boulevard, and Washington
Boulevard
ATTACHMENTS
Pages
1 Resolution, Proposed
1-2
2 System Exhibit
3-4 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 August 3, 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 11.20.025(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
1. The XO Communications application dated August 3, 2012 and
21
22 designated as Cable Engineering Services Project No. 17000126 is hereby approved.
23
2. The City Manager or his/her designee is authorized to execute the
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25
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27
28 APPROVED AS TO FORM:
v -
I sar CAROL A. SCHWAB,
City Attorney
1 related encroaohment agreement on behalf of the City of Culver City.
2
APPROVED and ADOPTED this day of •
2012_
3
4
5
ANDREW WEISSMAN, MAYOR
6
City of Culver City, California
7
8 ATTEST:
9
10
11 MARTIN COLE, City Clerk
12
Al2-00762
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15
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17
18
19
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28
-2- Scale: 1 "=200'
LEGEND
EXISTING POLES
EXISTING RISER
PROPOSED XO COMM. U.G.
PROPOSED XO COMM.
OVERHEAD CABLE
EXIST XO COMM. OVERHEAD
MESSENGER ONLY
(BARE STRAND)
PROPOSED 78' GUY WIRE
MESSENGER ONLY
(BARE STRAND)
PROPOSED ANCHOR
XO COMM. TO PLACE 215' OF NEW
CONDUIT TO PULL NEW FIBER OPTIC CABLE
(SEE SUBSTRUCTURE EXHIBIT PLAN FOR DETAIL)
BILL OF MATERIAL
NO. MATERIAL QUANTITY FOOTAGE
1 AERIAL STRAND FOOTAGE 1,085'
X
Not just talk. n.,
v+Able
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FR£SCOIT cCumumNAIIOMS NC-
PROJECT NAME: 9050 WASHINGTON BLVD. CULVER C1TY, CA 90232
LOTION: WASHINGTON BLVD. AND LA CIENEGA BLVD.
CA
PROJECT DESCRIPTIONS: XO COMM. TO PLACE 1,085' OF NEW FIBER OPTIC CABLE TO EXISTING X041
COMM. AERIAL PLANT AND PULL A TOTAL OF 215' OF NEW F.O.C. THROUGH di
NEW XO COMM. UNDERGROUND CONDUIT.
15.0 SEPULVEDA MD. SUITE I
A11557014HILLS. CA 91345
(8,3)s9e 2352 FAX OM 298-9136
OVNER/AP/k /UM"
WHEN: SO COMMUNICATIONS
ADDRESS 1924 DECK AVC.550
SANTA ANA. CA 12705
SYSTEM EXHIBIT PROJECT NO: 17000126 Scale: 1"-=50'
10'-± OF (1)-4" PVC CONDUIT
WITH (3)-1 1/4" INNERDUCTS
PROPOSED OPEN TRENCH
EXISTING WOOD POLE #1029449E
157'± OF (1)-4" PVC CONDUIT
WITH (3)-1 1/4" 1NNERDUCTS
PROPOSED DIRECT1ONAL BORE
N.
10'± OF (1)-4' PVC CONDUIT
WITH (3)-1 1/4" INNERDUCTS
PROPOSED OPEN TRENCH
38'± OF (1)-4" PVC CONDUIT•
WITH (3)-1 1/4" INNERDLJCTS
PROPOSED OPEN TRENCH
EXISTING AT&T MH #115
Co
,
BILL OF MATERIAL
NO. MATERIAL QUANTITY FOOTAGE
1 4" PVC CONDUIT WITH (3)-1 1/4" INNERDUDTS 1 215'
NO. TYPE OF PLACEMENT FOOTAGE
1 STREET LINEAR TRENCH 58'
STREET UNEAR BORE 157'
CJL
CENTER LINE
• p/
PROPERTY LINE
xa caw, -
NEW U.G. (DIRECTIONAL BORE)
rownwm....4 PAW XO DOW.
NEW U.G. (OPEN TRENCH)
- •••••• -Era. X0
EXISTING LI.O
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..xpitz.fingir
PRESCOTT 0..LCAD.5 ING
PROJECT NAME: 9050 WASHINGTON BLVD. CULVER CITY. CA 90232
LOCATION: WASHINGTON BLVD_ AND LA CIENEGA BLVD.
PROJECT D ESCRI PT] ONS: PLACING 205± OF NEW UNDERGROUND CONDUIT FROM EXISTING AT&T MH #115
ON LA CIENECA BLVD. TO A PROPOSED 2' X 3' VAULT NORTH OF WASHINGTON
BLVD. 10' ± UNDERGROUND CONDUIT FROM PROPOSED 2' X 3 VAULT TO
EXISTING WOOD POLE #1029449E -
, caw SCPULVELL N.V. DLITT i
RV. HU, CA 91145
calorlii.232 F.x (11.81.19.751.
DlirJ ANT
MINER. X0 CIJ.L.ID9 XlErNS
all' . 41 ,1' tnn
SYSTEIV EXHIBIT PROJECT NO: 17000126