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Title:
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Adoption of a Resolution Approving an Encroachment Permit Agreement With AT&T for Installation of Telecommunication Facilities in the City’s Public Rights-of-Way.
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City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving an encroachment
permit agreement with AT&T.
BACKGROUND:
Under California law, as a telephone corporation, AT&T is authorized to construct and
maintain telecommunication lines and facilities along and upon the City’s public rights-
of-way (PROW). Additionally, in March, 2007, the California Public Utilities
Commission issued a statewide franchise to AT&T. This statewide franchise
authorizes AT&T to provide video services in the City. AT&T has requested that the
City permit installation of facilities, which AT&T refers to as Lightspeed cabinets, which
will allow AT&T to offer video services as well as voice and higher-speed internet
service.
While the City cannot prohibit the installation of these facilities, it does have the right
to regulate the time, place and manner of the installation of these
telecommunications facilities. The City has exercised this right by requiring that
encroachments into the PROW be authorized by the City Council, by way of
approval of an encroachment agreement. City staff has negotiated such an
encroachment agreement with representatives of AT&T during the last several
months. The encroachment agreement before the City Council is intended to
Meeting Date: 09/10/07 Item Number: A-1
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Permit
Agreement With AT&T for Installation of Telecommunication Facilities in the City’s
Public Rights-of-Way.
Contact Person/Dept.: Roland Miranda, City Attorney’s
Office / Andy O’Connell, Public Works
Phone Number: (310) 253-5600 /
(310) 253-5660
Fiscal Impact: Yes [x] No []
General Fund: Yes [x]
No []
Public Hearing: [] Action Item: [X] Attachments: [X]
Public Notification:
Master Notification List via email on 09/05/07; Notice Published in Culver City News on
08/30/07 and 9/06/07; Mailed Notices to Affected Residents & Businesses on 08/25/07;
Hand-Delivered Notices to Multi-Unit Complexes on 08/27/07; Mailed Notices to Multi-Unit
Complexes on 08/28/07 and 08/29/07.
Department Approval: Carol A. Schwab (by H. Iker)
(09/04/07); Charles Herbertson (08/30/07)
City Attorney Approval:
Carol Schwab (by H. Iker)
(09/04/07)
City Controller Approval:
Marlee Chang (09/04/07)
City Manager Approval:
Jerry B. Fulwood (09/05/07) City of Culver City, California
City Council Agenda Item Report
impose the time, place and manner regulations allowed under applicable law. The
City Council is being asked to adopt a resolution approving such an encroachment
agreement with AT&T and authorizing the Public Works Director to execute this
agreement.
DISCUSSION:
AT&T’s Lightspeed Cabinets
AT&T’s Project Lightspeed will involve upgrading AT&T’s existing copper wire
telephone network. This upgrade will allow AT&T to compete with the cable
television industry, allowing AT&T to offer its subscribers bundled services (i.e.
voice, video and data services) in the near future. This upgrade requires AT&T to
install the proposed Lightspeed cabinets in the PROW. Each of the Lightspeed
cabinets must be paired-up with (i.e. placed next or close to) existing AT&T cabinets.
AT&T is currently implementing Project Lightspeed in various communities
throughout the state.
Initially, AT&T has identified 42 existing cabinets in Culver City next to which it is
anticipating installing Lightspeed cabinets. Under the proposed encroachment
permit agreement, however, AT&T will be authorized to install such cabinets at a
maximum of 53 existing locations throughout Culver City. The Lightspeed cabinets
will be installed primarily on sidewalks or parkways, in both residential and non-
residential areas. The proposed Lightspeed cabinets come in four different sizes:
63” x 43.5” x 20.8” (h x w x d); 48” x 43.5” x 20.8” (h x w x d); 48” x 50” x 26” (h x w x
d); or, 63” x 43.5” x 41.1” (h x w x d). AT&T has provided City staff with pictures
(See Attachment 3) of the tallest and the shortest of these cabinets. AT&T will be
working with the City’s Public Works staff to locate the boxes as unobtrusively as
possible.
Municipal Regulation
Since the City has the right to regulate the time, place and manner of these
installations, the related encroachment agreement is intended to impose time, place
and manner regulations which will protect the City’s interests in that regard. For that
reason, the related encroachment agreement requires that AT&T:
1. Repair any damage it may cause when it installs Project
Lightspeed;
2. Return all City property to the same condition it was in prior to
installation of Project Lightspeed; City of Culver City, California
City Council Agenda Item Report
3. Indemnify the City for any damage and/or losses arising from
Project Lightspeed;
4. Install any Project Lightspeed cabinets only pursuant to utility
permits issued by the Public Works Department;
5. Notify all affected properties of its plans prior to the City issuing the
related utility permits;
6. Promptly remove graffiti; and,
7. Make efforts to minimize impacts on neighboring properties.
Environmental Determination
Pursuant to the California Environmental Quality Act (CEQA) guidelines, this project
has been determined to be categorically exempt. Section 15303 of the CEQA
Guidelines, Class 3 (New Construction or Conversion of Small Structures) and
Section 15305 of the CEQA Guidelines, Class 5 (Minor Alterations in Land Use
Limitations). Because this project involves the maintenance of existing facilities
and/or the new construction or installation of a limited number of small structures,
facilities or equipment, this project is categorically exempt under CEQA.
Notices
Notice of this agenda item was mailed and hand-delivered to the occupants of
properties situated next to or across the street from the existing cabinets next to
which AT&T is anticipating installing Lightspeed cabinets. Notice of this agenda item
was also published in the Culver City News.
Staff has asked AT&T to have at least one representative at tonight’s City Council
hearing in case City Council members have any questions which staff cannot
answer.
FISCAL ANALYSIS:
Staff has billed AT&T the $3,000 Public Right-of-Way/Property Encroachment Permit
fee authorized under the 2007-2008 Fee Schedule. In addition, the Public Works
Department will collect the applicable utility permitting fees for each cabinet installed
by AT&T.
City of Culver City, California
City Council Agenda Item Report
ATTACHMENTS:
1. Proposed Resolution
2. Proposed Encroachment Permit Agreement
3. Photos of Project Lightspeed Cabinets
4. Mailed or Hand-Delivered Notice
5. Notice Published in the Culver City News
6. AT&T’s Map of the 53 Proposed Locations [This over-sized attachment can be
viewed in the City Clerk’s Office and on the City’s website]
MOTIONS:
That the City Council:
1. Adopt the resolution approving the encroachment permit agreement with AT&T;
and
2. Authorize the Public Works Director to execute the agreement on behalf of the City
of Culver City.