City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Permit Agreement with AT&T California (AT & T) to install conduits
and fiber optic telecommunication cable on Culver Boulevard, near its intersection
with Keystone Avenue.
BACKGROUND/DISCUSSION:
The proposed scope of work involves open trenching and directional boring across
Culver Boulevard and the sidewalk. Should the City Council adopt the proposed
resolution, the boring would begin under the sidewalk on the southerly side of Culver
Boulevard, approximately 50 feet northeast of Keystone Avenue. From this point,
AT&T will bore under Culver Boulevard, approximately 92 feet, to a cell site located
at 4080 Overland 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, subject to
reasonable time, place, and manner regulations pertaining to construction of
telecommunications facilities within the City’s rights-of-way.
Meeting Date: 09/27/2010 Item Number: C-3
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving An
Encroachment Permit Agreement with AT&T for Use of the Public Right-of-Way
on Culver Boulevard (Near Keystone 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 (9/23/10); (Mail) All
adjacent property owners and businesses on (9/17/10) and Culver City News on
(9/23/10).
Department Approval:
Charles D. Herbertson(09/16/10)
City Attorney Approval: Carol A. Schwab
(by R. Miranda) (09/20/10)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) _09/22/10)
City Manager Approval:
John M. Nachbar (09/22/10) 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, these agreements 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:
Pursuant to 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
the application submitted by A T & T. Based on Resolution No. 2010-R016, City’s
Fee Resolution for Fiscal Year 2010-11, a fee in the amount of $3,850 was paid by A
T & T on September 1, 2010.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving the Encroachment Permit Agreement with
A T & T;
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: 09/27/10
AGENDA ITEM:
Adoption of a Resolution Approving Two Encroachment Permit
Agreements with AT&T for Use of the Public Right-of-Way on
Culver Boulevard (Near Keystone Avenue)
ATTACHMENTS
Pages|109| Proposed Resolution 1-2|109| System Exhibit 3RESOLUTION NO. 2010-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT PERMIT AGREEMENT WITH AT&T
CALIFORNIA.
WHEREAS, AT&T California 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 documents underlying Encroachment Permit No. 10-0001 and in the related
encroachment permit agreement;
WHEREAS, AT&T California 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, Chapter 11.20 of the Culver City Municipal Code provides that an
encroachment permit is required prior to installation of telecommunication facilities in the
Gity'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. Encroachment Permit No. 10-0001, requested by AT&T California, is
hereby approved.
2. The City Attorney is authorized to review/prepare the involved
encroachment permit agreement and any other related documents.
3. The City Manager or his/her designee is authorized to execute the|101010101010101010 10
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28related encroachment permit agreement on behalf of the City of Culver City_|1010|APPROVED and ADOPTED this day of 2010.|10101010|CHRISTOPHER ARM ENTA, MAYOR
City of Culver City, California|101010|ATTEST: APPROVED AS TO FORM:|1010 10
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MARTIN COLE
City Clerk
CAROL A. SCHWAB,
City Attorney
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-2-
2.Exhi bit A
Date
Date
City
4" CPC CONDUIT 92'
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OWNERJAPPLICANT
OWNER: THE CITY OF CULVER CITY
ADDRESS: 4080 OVERLAND AVE
CULVER CITY, CA 90232
PROJECT NAME 7514738
LOCATION: EAST SIDE CULVER BL
121'NORTH OF CENTERLINE KEYSTONE
AVE,
PROJECT DESCRIPTION: INTERCEPT
EXISTING DUCTS WITH 1-4" SPLIT WYE
CAST CONDUIT AND EXTEND
UNDERGRO1JND . CONDU1T 92.' WEST TO
PROPERTY LINE AT 4080 OVERLAND AVE.
SYSTEM EXHIBIT
NOTTO
SCALE|10 9| ""
44,4
AWPO
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TRTERCEPT AND PLACE 1-4'
SPLIT WYE CAST DUCT, EXTEND
92 TO PROPERTY LINE.
NO.
TYPE OF
PLACEMENT
FOOTAGE
76'
2 SIDEWALK TRENCH
16'
111J,I, OP NTATFRIAL
QUANTITY FOOTAGE NO, MATERIAL
4c9'
648
PROPOSED 1.1,G,
EXISTING MH
EXISTING U. G