City of Culver City, California
Agenda Item Report
Meeting Date: 04/08/2013 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with AboveNet, Inc. for Use of the Public Right of Way
along Washington Boulevard and National 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 [] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (04/02/13) and Culver
City News on (04/04/13)
Department Approval:
Charles D. Herbertson (03/27/13)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (04/02/13)
Chief Financial Officer Approval:
Jeff Muir (04/02/13)
City Manager Approval:
John M. Nachbar (04/02/13)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with AboveNet, Inc. (AboveNet) to install fiber optic
telecommunication cable along Washington Boulevard and National Boulevard.
BACKGROUND/ DISCUSSION:
AboveNet is proposing to install fiber optic telecommunication cable underground
along Washington Boulevard and National Boulevard to provide commercial fiber
service to a business located at 3500 Helms Avenue requiring secure, high band-
width data transmission.
The proposed fiber optic cable will tie-in to an existing fiber optic cable at an existing
manhole on Washington Boulevard, approximately 340 feet northeast of Higuera
Street. The new conduit installation will run in a northeasterly direction along the
south side of Washington Boulevard approximately 1,000 feet towards National
Boulevard. The proposed fiber optic cable will turn southeasterly along the south
side of National Boulevard for approximately 1,190 feet towards Helms Avenue and
terminate at a new manhole.
Legal Framework
AboveNet is the holder of a Certificate of Public Convenience & Necessity issued by
the California Public Utilities Commission. As such, AboveNet is authorized to
access cities’ rights-of-way for the purpose of installing its telecommunication
facilities. At the same time, the related federal and state laws allow cities to impose
reasonable time, place and manner regulations pertaining to accessing of the cities’
rights-of-way. City of Culver City, California
Agenda Item Report
The City’s time, place and manner regulations will be documented in an
Encroachment Agreement between the City and AboveNet. To protect the City’s
interests, this agreement will contain provisions requiring that AboveNet repair any
damage to City property, carry adequate liability insurance, defend the City if it is
sued for damages caused by AboveNet 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 FJS Cable Engineering, Inc., AboveNet’s Consulting Engineer, on March 13,
2013.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTION:
That the City Council:
1. Adopt a resolution approving the Encroachment Agreement with
AboveNet; and,
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: 04/08/13
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with AboveNet, Inc. for Use of the Public Right of Way along
Washington Boulevard and National Boulevard
ATTACHMENTS
Pages
1 Resolution, Proposed
1-2
2 System Exhibit
3 RESOLUTION N. 21313 .-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT AGREEMENT WITH ABOVENET
COMMUNICATIONS, INC.
WHEREAS AboveNet Communications, Inc, has applied for a permit to
encroach upon Culver City's public rights-of-way in order to install conduit, fiber optic cable
and related appurtenances, as described in the Rights-of-Way Users Questionnaire
executed by or on behalf of AboveNet Communications, Inc. on February 11, 2013 ahdr in
the related encroachment agreemen ;
WHEREAS, AboveNet Communications, 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 the time, place
and manner Of the placement of telecommunication facilities in its public rights-of-way;
WHEREAS, Section 11,20,025(D) of the Culver City Municipal Code provides
that entroachment perrrdts are subject to approval by the City Council.
NOW, THEREFORE, the CityCounoil of the City Of Culver City, California,
DOES HEREBY RESOLVE, as follows:
1. The AboveNet Communications, Inc . application for its project named
3500 Helms Ave.", involving
the AboveNet Communications project On Washington and
National Boulevards, is hereby approved.
2.
The City Manager or his/her deSignee is authorized to execute the
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MARTIN COLE, City aerk
ittr
CAROL A. SCHWAB,
City Attorney
related encroachmentagreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2012.
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ANDREW WEISSMAN, MAYOR
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City of Culver City, California
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FATTEST :'
APPROVED AS TO. PORM-:
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2$
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25
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28 PLACE 4'x4'x4'
MANHOLE
DPOsirga, --7 4 7- 0„,,,
1217 PROPOSED NEW
UNDERGROUND (1) 4" DIA.
CONDUIT
PLACE 4'x4'x4'
MANHOLE
955' PROPOSED NEW
-UNDERGROUND (1) 4" DIA,
CONDUIT
1 1900 4.• ONVD
RKRT
NO. MATERIAL
BILL OF MATERIAL
QUANTITY FOOTAGE
16' PROPOSED-NEW
UNDERGROUND (1) 4" DIA.
CONDUIT
1 4" DIA. PVC 2 18
4'x4'x9' 2
2500 HELMS AVE
EXISTING AT&T
MANHOLE IN
SIDEWALK
= PROPOSED UNDERGROUND CONDUITS
• = PROPOSED MANHOLE
PRG/ECT OESCRFTM
PLACING (1) 4" DIA. PVC
CONDUIT FROM EXISTING
AT&T MANHOLE TO 3500
HELMS AVE. PLACE (2)
4`x4lx4 MANHOLES.
COHSULTANT ENCIIEERT
CAIM,F SNEIINEMPUNO. INC.
Inrormwierl.red
14340 Erolisa ChM Ed., Suite K
loblemlIfister, 9Z6a3
TELE (714) 507-3793
FAX (714) 897-9593
SYSTEM EXH I BIT
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AboveNet, inc. tr, v1;,=='.--
en. i PROJECT NM&
CULVER CITr I
500 HELMS AVE
CALIFORNIA I 1,[41,11014z WASHINOTON OLVO
NATIONAL I.VD
We= oolia 1 OF 11
•Are-2013 _ _