City of Culver City, California
Agenda Item Report
Meeting Date: 11/12/2012 Item Number: C-5
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 between Keystone and Mentone Avenues
Contact Person/Dept.: Sammy Romo/PW Phone Number: (310) 253-5619
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 (11/08/12) and Culver
City News on (11/08/12)
Department Approval:
Charles D. Herbertson (11/01/12)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (11/05/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/07/12)
City Manager Approval:
John M. Nachbar (11/08/12)
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 a portion of Washington Boulevard between
Keystone and Mentone Avenues.
BACKGROUND/ DISCUSSION:
AboveNet is proposing to install fiber optic telecommunication cable along
Washington Boulevard to provide commercial fiber service to a local business
requiring secure, high band-width data transmission.
The Culver City portion of the fiber optic cable (465 linear feet) will begin at the
southerly intersection of Washington Boulevard and Keystone Avenue and head
east on Washington Boulevard, then turn north, onto Mentone Avenue, where it will
continue its run into City of Los Angeles right-of-way. The work is proposed to be
conducted by underground directional boring to minimize excavation to the street
and sidewalk.
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 City of Culver City, California
Agenda Item Report
reasonable time, place and manner regulations pertaining to accessing of the cities’
rights-of-way.
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 the applicant.
ATTACHMENTS:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving the Encroachment Agreement with
AboveNet for the use of the public right-of-way along Washington Boulevard
between Keystone and Mentone Avenues; 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: 11/12/12
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment
Agreement with AboveNet, Inc. for Use of the Public Right of
Way Along Washington Boulevard
ATTACHMENTS
Pages
I Proposed Resolution
1-2
2 System Exhibit
3 11
RESOLUTION NO. 2012-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
- ENCROACHMENT AGREEMENT WITH ABOVENET
COMMUNICATIONS.
WHEREAS, AboveNet Communications 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
AboveNet Communications on October 12, 2012 and in the related encroachment
agreement;
WHEREAS, AboveNet Communications 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, Section 11.20.025(D) of the Culver City Municipal Code provides
that encroachment 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 AboveNet Communications application dated October 12,2012
and involving the AboveNet Communications project on Washington Boulevard, between
Keystone Avenue and Mentone Avenue, is hereby approved.
9n The r ity Nianagor or hislhor designee is authorized to execute the
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related encroachment agreement on behalf of the City of Culver City.
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APPROVED and ADOPTED this day of
2012.
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ATTEST:
ANDREW WEISSMAN , MAYOR
City of Culver City, California
APPROVED AS TO FORM:
4i CAROL A. SCHWAB,
City Attorney
MARTIN COLE, City Clerk
Al2-40925
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-2- SEE CITY OF LOS ANGELES FOR
CONDUIT CONTINUATION
(PERMIT NO. 2012006293)
BILL OF MATERIAL
NO. MATERIAL
QUANTITY FOOTAGE
1 2" PVC CONDUIT 465'
2 2' X 3' PULL BOX 1
NO. TYPE OF PLACEMENT
FOOTAGE
1 STREET - LINEAR BORE 465'
Scale: 1"=100'
PROPOSED U.G. — — —
PROPOSED MANHOLE
Z
GROUP
Engineering Assodates x Ina
Communicatons Engineers
- 1921 WMTH STREET
UPLAND, CA 91786
PHONE (909) 946-9776
womengineefirgassociales.xm
PROJECT NAME:
LOCATION: WASHINGTON BLVD AND MENTONE AVE
PROJECT DESCRIPTION: PLACING 2" UNDERGROUND CONDUIT FROM CITY OF LOS ANGELES
RIGI-IT-OF-WAY TO NEW VAULT
2.
, Z)-1...INI.- ,R;APPLICANT
OWNER: WO GROUP
ADDRESS: 5311W. 6TH STREET ST - SUITE 270
LOS ANGELES, CA 90014 PROJECT NO:
PLAN NO:
SYSTEM EXHIBIT