City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving an Encroachment
Permit Agreement with Pacific Bell Telephone Company, doing business as AT&T
California (AT & T), to install conduit and fiber optic telecommunication cable on
Jefferson Boulevard, near its intersection with Leahy Street.
BACKGROUND/DISCUSSION:
The proposed scope of work will involve open trenching and directional boring
across Jefferson Boulevard. Should the City Council approve this Agreement, a new
4-inch conduit will be installed from an existing communication vault located on the
sidewalk (245 feet northerly of Leahy Street) on the east side of Jefferson Boulevard
and will run 92 feet westerly across Jefferson Boulevard to an existing utility pole.
Legal Framework
As a telephone corporation, A T & T is authorized, under California law, to construct
and maintain telecommunication lines and facilities along and upon cities’ public
rights-of-way. The related federal and state laws require that municipalities allow the
installation of telecommunication facilities by telephone corporations but allow
municipalities to impose reasonable time, place, and manner regulations pertaining
to construction of telecommunications facilities within the municipalities’ rights-of-
way.
Meeting Date: 03/28/2011 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Permit Agreement with Pacific Bell Telephone Company, Doing
Business as AT&T, for Use of the Public Right-of-Way on Jefferson Boulevard
(Near Leahy Street)
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 (3/23/11);
(Publication) Culver City News on (3/24/11)
Department Approval:
Charles D. Herbertson(03/17/11)
City Attorney Approval:
Carol Schwab (by R. Miranda) (3/23/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (03/23/11)
City Manager Approval:
John M. Nachbar (03/23/11) City of Culver City, California
Agenda Item Report
The City’s time, place and manner regulations will be documented in an
Encroachment Permit Agreement to be executed by A T & T and the City if the City
Council approves this item. To protect Culver City’s interests, theproposed
Agreement contains provisions requiring that A T & T repair any damage to City
property, be adequately insured, defend the City if it is sued for damage caused by A
T & T, 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 can collect an
application fee as compensation for City staff time expended in reviewing
telecommunication applications. Based on the Resolution No. 2010-R016, City’s
Fee Resolution for Fiscal Year 2010/2011, a fee in the amount of $3,850 was paid
by A T & T on March 14, 2011.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving the Encroachment Permit Agreement with
Pacific Bell Telephone Company, doing business as A T & T; 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: 03/28/11
AGENDA ITEM: Adoption of a Resolution Approving Encroachment Permit
Agreement with Pacific Bell Telephone Company for Use of the
Public Right-of-Way on Jefferson Boulevard (Near Leahy Street)
ATTACHMENTS
Pages
1 Proposed Resolution 1-2
2 System Exhibit 3 I
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RESOLUTION NO. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT PERMIT AGREEMENT WITH PACIFIC
BELL TELEPHONE COMPANY
WHEREAS, Pacific Bell Telephone Company, a California corporation
doing business as AT&T California (hereafter, "AT&T")has applied for a permit to
encroach upon Culver City's public rights-of-way in order to install telecommunications
facilities, as described in the engineering plans submitted to Culver City's Public Works
Department and in the related Encroachment Permit Agreement;
WHEREAS, AT&T 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 prior to installation of telecommunication facilities in the
City's public rights-of-way and that such 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 requested by AT&T is hereby approved.
2. The City Manager or his/her designee is authorized to execute the
.1.••
-1- 6J\
-AT CAROL A. SCHWAB,
City Attorney
MARTIN COLE
City Clerk
All-00138
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related Encroachment Permit Agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2011.
CHRISTOPHER ARMENIA, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
-2- PROPOSED U.G.
EXISTING 91' OF 1-4" DUCT
PROPOSED 91' OF
1-4" DUCT
SAI OPP 9937
JEFFERSON BLVD.
OWNER/APPLICANT
OWNER: THE CITY OF CULVER CITY
ADDRESS: 9770 CULVER BLVD
CULVERCITY, CA. 90252
BILL OF MATERIAL
NO. MATERIAL , QTY FOOTAGE
1 4" PVC CONDUIT 1 91'
NO. TYPE OF PLACEMENT FOOTAGE
STREET LINEAR TRENCH 91'
CONSULTANT ENGINEER
INFORMATION
Ruben Culver
AT&T Engineer
323-224-3204
JOB #7964861
T.G.# - 672-42
SYSTEM EXHIBIT
PROJECT NAME: 9937 JEFFERSON BLVD.
LOCATION: JEFFERSON BLVD. E/S OF STREET, 245' 14/0 C/L OF LEAHY ST
DESCRIPTION: PLACING APPROX. 91' OF 1-4" CONDUITS FROM SAI OPP
9937 JEFFERSON TO POLE # 1196164E.