City of Culver City, California
Agenda Item Report
Meeting Date: 05/13/2013 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with Freedom Telecommunications, Inc. for a Proposed
Fiber Optic Telecommunication Cable installation on the Public Rights-of-Way of
National Boulevard and Helms 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 (05/07/13) and Culver
City News (05/09/13)
Department Approval:
Charles D. Herbertson (05/02/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/07/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/07/13)
City Manager Approval:
John M. Nachbar (05/07/13)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving an Encroachment
Agreement with Freedom Telecommunications, Inc. for a proposed fiber optic
telecommunication cable installation along National Boulevard and Helms Avenue.
BACKGROUND/ DISCUSSION:
Freedom Telecommunications is proposing to install a fiber optic telecommunication
cable along National Boulevard and Helms Avenue via directional boring and open
trenching to provide fiber connectivity for wireless carriers in the area.
The proposed fiber optic cable will tie-in to an existing cable vault located at the east
side of Helms Avenue approximately 110 feet south of the National Boulevard
centerline. The new conduit installation will run in a northerly direction along the
east side of Helms Avenue for approximately 70 feet on the sidewalk towards
National Boulevard. The proposed cable continues easterly on the south side of
National Boulevard under the sidewalk for approximately 880 feet. The fiber optic
cable will terminate in a new vault adjacent to an existing utility pole near 8536
National Boulevard.
Legal Framework
Freedom Telecommunications, Inc. is the holder of a statewide franchise issued by
the California Public Utilities Commission. This statewide franchise authorizes
Freedom Telecommunications, Inc. to access cities’ rights-of-way for the purpose of City of Culver City, California
Agenda Item Report
constructing and maintaining telecommunication lines and video facilities along and
upon cities’ public rights-of-way. The related federal and state laws require that
municipalities allow the installation of Freedom Telecommunications, Inc.
telecommunication facilities but allow municipalities to impose reasonable time,
place and manner regulations pertaining to construction of telecommunications
facilities within the City’s rights-of-way.
The City’s time, place and manner regulations will be documented in an
Encroachment Agreement between the City and Freedom Telecommunications, Inc.
To protect the City’s interests, this agreement will contain provisions requiring that
Freedom Telecommunications, Inc. repair any damage to City property, carry
adequate liability insurance, defend the City if it is sued for damages caused by
Freedom Telecommunications, Inc., and post a performance bond prior to
commencing work on this project.
FISCAL ANALYSIS:
Per Section 11.20.025.B 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 Freedom Telecommunications, Inc. on March 27, 2013.
ATTACHMENTS:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Freedom Telecommunications, Inc for a proposed fiber optic
telecommunication cable installation on the public rights-of-way of National
Boulevard and Helms Avenue; 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: 05/13/13
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with Freedom Telecommunications, Inc. for Use of the Public
Rights-of-Way on National Boulevard and Helms Avenue
ATTACHMENTS
Pages
1 Resolution, Proposed
1-2
2 System Exhibit
3 I
RESOLUTION NO. 2013-R
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
3
ENCROACHMENT AGREEMENT WITH FREEDOM
4
TELECOMMUNICATIONS, INC.
5
WHEREAS, Freedom Telecommunications, Inc. has applied for a permit to
6
encroach upon Culver City's public rights-of-way in order to install conduit, fiber optic cable
7
8 and related appurtenances, as described in the Rights-of-Way Users Questionnaire
9 executed by Freedom Telecommunications, Inc. on March 11, 2013 and in the related
10 encroachment agreement;
11
WHEREAS, Freedom Telecommunications, Inc. is a telecommunications
12 company duly authorized to provide telecommunication services by the California Public
13
Utilities Commission;
14
15
WHEREAS, the City of Culver City is authorized to regulate time, place and
16 manner of the placement of telecommunication facilities in its public rights-of-way;
17
WHEREAS, Section 11.20.025(D) of the Culver City Municipal Code provides
18 that encroachment permits are subject to approval by the City Council.
19
NOW, THEREFORE, the City Council of the City of Culver City, California,
20
DOES HEREBY RESOLVE, as follows:
21
22
1. The Freedom Telecommunications, Inc. application for its Project
23 Number 120401-28 (LA458-1), involving the Freedom Telecommunications project along
24 National Boulevard, is hereby approved.
25
2. The City Manager or his/her designee is authorized to execute the
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2.28
-2-
5
JEFFREY COOPER, MAYOR
City of Culver City, California
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A13-00182
APPROVED AS TO FORM:
CAROL A. SCHWAB,
City Aftorney
ATTEST:
MARTIN COLE, City Clerk
1 related encroachment agreement on behalf of the City of Culver City.
2
APPROVED and ADOPTED this day of
2012.
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PLACE 455' OF 2-1A" IJG CONDUIT VIA
DIRECTIONAL BORE FROM EXISTING CATV
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(EAST OF SCHAEFER ST).
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