City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Permit Agreement with NextG Networks (“NextG”) to install:
1) A microcellular antenna and auxiliary equipment onto an existing utility pole
located in the public right-of-way at the southwest corner of Le Bourget
Avenue and Braddock Drive;
2) Fiber optic cables on existing utility poles, starting at Jefferson Boulevard and
Hetzler Road and ending at Braddock Drive and Mentone Avenue.
BACKGROUND/DISCUSSION:
NextG is a telecommunications provider that has been issued a Certificate of Public
Convenience & Necessity by the California Public Utilities Commission. NextG
installs and manages distributed antenna systems (DAS systems). DAS systems
improve the performance of wireless carriers, such as cellular telephone providers.
This improvement is accomplished by installing NextG’s radio frequency converter
equipmentonto existing utility poles or street lights in areas where wireless carriers
(i.e. NextG’s customers) need to improve their coverage, capacity or performance.
From the frequency converter equipment, NextG transports the communication
frequencies, via NextG’s fiber optic cables, back to the wireless carriers’ networks.
From here, the communication continues to its intended destination. NextG’s
reliance on its radio frequency converter equipment, along with its fiber optic
network, allows its customers to improve their coverage, capacity or performance
without the need to build additional cell towers.
Meeting Date: 02/28/2011 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Permit Agreement with NextG Networks for Use of the Public
Right-of-Way at Various Locations
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 (2/23/11); (Mail) All
adjacent property owners at the intersection of Braddock Drive and Le Bourget Avenue
and published in the Culver City News (2/17/11).
Department Approval:
Charles D. Herbertson(02/17/11)
City Attorney Approval:
Carol Schwab (by R. Miranda) (02/23/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (02/23/11)
City Manager Approval:
John M. Nachbar (02/23/11) City of Culver City, California
Agenda Item Report
Microcellular Antenna
The scope of work will involve the installation of a microcellular antenna and
auxiliary equipment onto an existing utility pole located in the public right-of-way at
the southwest corner of Le Bourget Avenue and Braddock Drive.
The purpose of the installation of the microcellular antenna and auxiliary equipment
is for NextG to provide radio frequency transmissions over fiber services, to enhance
coverage and capacity for their client, Metro PCS. This equipment installation is low
impact and utilized where cell towers are not feasible. It also does not involve any
underground construction (e.g. open trenching or directional boring).
Fiber Optic Installation
In September, 2010, NextG installed approximately 9,110 linear feet of fiber optic
cable within the City limits (as shown in the System Exhibits). It was recently
discovered by the City Attorney’s Office and Public Works staff that this work was
performed without City permits or City staff’s review. After consulting with the City
Manager’s and City Attorney’s Offices, staff is recommending that an after-the-fact
permit be approved for the already-installed fiber optic cable at the same time that a
permit for the above-described microcellular antenna is approved.
According to NextG, no undergrounding work was performed as part of this fiber
optic cable installation and all the work involved was entirely aerial. The purpose of
the fiber optic cable placement is to further expand NextG’s growing fiber optic
network.
Legal Framework
As a telephone corporation, NextG 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 allow telephone corporations to
install telecommunication facilities in cities’ public rights-of-way but allow
municipalities to impose reasonable time, place, and manner regulations pertaining
to the construction of such facilities.
The City’s time, place and manner regulations will be documented in the
Encroachment Permit Agreement to be executed by NextG and the City if the City
Council approves this item. To protect Culver City’s interests, thisagreement will
contain provisions requiring that NextG repair any damage to City property, carry
adequate liability and automobile insurance, defend the City if it is sued for damage
caused by NextG, and post a performance bond prior to commencing work on this
project.
City of Culver City, California
Agenda Item Report
FISCAL ANALYSIS:
Per Section 11.20.025.B 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. 2010-R016, the City’s
Fee Resolution for Fiscal Year 2010/2011, a fee in the amount of $3,850 was paid
by NextG on February 9, 2011.
ATTACHMENTS:
• Proposed Resolution
• System Exhibits
MOTIONS:
That the City Council:
1. Adopt a resolution approving the Encroachment Permit Agreement with
NextG Networks;
2. Authorize the City Attorney to review/prepare the necessary documents; and,
3. Authorize the City Manager to execute the documents on behalf of the City.
MEETING DATE: 02/28/11
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Permit
Agreement with NextG Networks for Use of the Public Right-of-
Way at Various Locations.
ATTACHMENTS
Pages
Proposed Resolution 1-2
2 System Exhibits 3-8 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 PERMIT AGREEMENT WITH NEXTG
NETWORKS, INC.
WHEREAS, NextG Networks, Inc. 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, NextG Networks, Inc. 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 NextG Networks, Inc. is hereby
approved.
2. The City Manager or his/her designee is authorized to execute the
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related Encroachment Permit Agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2011.
CHRISTOPHER ARMENTA, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN COLE CAROL A. SCHWAB,
City Clerk City Attorney
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