City of Culver City, California
Agenda Item Report
Meeting Date: 03/26/2012 Item Number: C-6
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with AT&T for Use of the Public Right-of-Way at Bristol
Parkway and Hannum 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 (03/21/12) and Culver
City News (03/22/12)
Department Approval:
Charles D. Herbertson (03/14/12)
City Attorney Approval:
Carol Schwab (by R. Miranda) (03/21/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (03/21/12)
City Manager Approval:
John M. Nachbar (03/21/12)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with AT&T California (AT &T) to install a fiber optic
telecommunication cable line along Bristol Parkway and Hannum Avenue.
BACKGROUND/DISCUSSION:
AT&T is proposing to install fiber optic telecommunication cable along Bristol
Parkway and Hannum Avenue to provide service to customers located at 6029
Hannum Avenue. The fiber optic cable will tie-in to an existing manhole located
approximately 53 feet west of the northwest corner of Bristol Parkway and Hannum
Avenue. From this point, the system route will proceed easterly for approximately
53 feet and then southerly for approximately 148 feet. From this point, the system
route will continue west for 13 feet to the property line at 6029 Hannum Avenue.
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 City’s rights-of-way.
City of Culver City, California
Agenda Item Report
The City’s time, place and manner regulations will be documented in the
Encroachment Agreement to be executed by A T & T and the City if the City Council
approves this item. To protect Culver City’s interests, the agreement will contain
provisions requiring that A T & T repair any damage to City property, carry adequate
liability and automobile insurance, 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 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 AT&T on March 13, 2012.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving the Encroachment Agreement with
AT&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: 03/26/12
AGENDA ITEM:
Adoption of a Resolution Approving Encroachment Agreement
with AT&T for Use of the Public Right of Way at Bristol Parkway
and Hannum Avenue
ATTACHMENTS
Pages
1 Proposed Resolution
1-2
2 System Exhibit
3 RESOLUTION NO. 2012-R
1
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
3
ENCROACHMENT AGREEMENT WITH PACIFIC BELL
TELEPHONE COMPANY (dba AT&T CALIFORNIA)
4
5 WHEREAS, Pacific Bell Telephone Company, a California corporation
6 doing business as AT&T California (hereafter, "AT&T') has applied for a permit to
7 encroach upon Culver City's public rights-of-way in order to install telecommunications
8
.Ncilities, as described in engineering plans submitted to Culver City's Public Works
9 Department, the related Rights-of-Way Questionnaire (dated February 1, 2012) and in
10
the related encroachment agreement;
11
12
WHEREAS, AT&T is a telecommunications company duly authorized to
13 provide telecommunication services by the California Public Utilities ComMission;
14 WHEREAS, the City of Culver City is authorized to regulate the time, place
15 and manner of the placement of telecommunication facilities in its public rights-of-way;
16
WHEREAS, Chapter 11.20 of the Culver City Municipal Code provides that an
17
encroachment permit is required prior to installation of telecommunication facilities in the
18
19 City's public rights-of-way and that such permits are subject to approval by the City Council.
20 NOW, THEREFORE, the City Council of the City of Culver City, California,
21 DOES HEREBY RESOLVE, as follows:
22
1. The encroachment permit requested by AT&T for the project
23 designated by AT&T as Project No. 8517902 is hereby approved.
24
2. The City Manager or his/her designee is authorized to execute the
25
26
27
28 1 related encroachment agreement on behalf of the City of Culver City.
2
APPROVED and ADOPTED this day of
2012.
3
4
5
6
7
8
ATTEST:
MICHEAL O'LEARY, MAYOR
City of Culver City, California
APPROVED AS TO FORM:
9
10
MARTIN COLE
11
City Clerk
Al 2-00202
12
13
14
15
16
17
18
19
20
21
22
23
24
64,i(
CAROL A. SCHWAB,
City Attorney
25
26
27
28
-2- 8'
P/L • • n . • •••• •
----
L_--• • ••n ,nn • •••• piL
8'
' 3'
Curbface to P/L 8'
Sidewalk 8'
Curbface to P/L 8'
Sidewalk 8'
C/F
SW
C/F
SW
Curbface to P/L 9'
Sidewalk 5', 4' off P/L
P/L
Curbface to P1 19'
Sidewalk 5', 4' off P/L
P/L
Project #8517902
Prop ose d 278' U. G.
5'
C/F
C/F
SW
Curbface to P/L 8'
Sidewalk 5', 3' off P/L
Existing MH 19353
35'
Hannum Ave.
5'
P/L • ••I• • • •
4 0 49
C/F
C/F
SW
Curbface to P/L 8'
Sidewalk 5', 3' off P/L
•
I 5
' 5'
5'
Curbface to P/L 10'
Sidewalk 5', 5' off P/L
P/L
SW
C/F
P/L
SW
C/F
Curbf ace to P/L 10'
Sidewalk 5', 5' off P/I.
Bill of Material
No. Material Quantity Footage
1 4" PVC Conduit 1 262'
No, Type of placement Footage
1 Street/Sidewalk Linear Trench — Culver City ROW 214'
2 Linear Trench—Culver City— private property 64'
Proposed U.G.
Private Prop Line
=NM WON
a 8ct
Owner/Applicant
Project Name: A201 8517902
Location: Hannum Ave. & Bristol Pkwy.
Project Description: Placing 4" conduit from existing manhole on Hannum Ave. onto private
property at 6C1Hannum Ave
Owner: AT&T
Address: 6001 Hannum
Ave., Culver City, CA
90230