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 AboveNet, Inc. (ANI).
BACKGROUND:
ANI is proposing to construct a fiber optic telecommunication cable to the Sony
property located west of Madison Avenue between Washington Boulevard and
Culver Boulevard. Per ANI, this is necessary to increase the bandwidth and
upgrade the current fiber optic system.
On January 22, 2007, the City Council approved an encroachment permit for ANI on
a similar project. That project involved the installation of approximately 4,976 feet of
fiber optic on Bristol Parkway and Slauson Avenue. The minutes reflecting that prior
approval are attached for your information.
DISCUSSION:
The work being proposed by ANI involves installing a 4" fiber optic conduit beginning
at Culver Boulevard 110 feet east of Madison Avenue at an existing ANI facility.
From there, the alignment continues westerly on Culver Boulevard toward Madison
Avenue, then turns north on Madison Avenue for approximately 570 feet, then into
Meeting Date: 06/22/2009 Item Number: C-6
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Permit
Agreement with AboveNet, Inc. for Use of the Public Right-of-Way on Madison
Avenue between Culver Boulevard and Washington Boulevard and Continuing,
From the Intersection of Culver Boulevard and Madison Avenue, Northeasterly on
Culver Boulevard For Approximately 110 Feet
Contact Person/Dept.: Sammy Romo/PW
Roland Miranda/City Attorney’s Office
Phone Number: 310-253-5619
310-253-5606
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Public Notification: Master E-Mail Notification List (06/17/09); AboveNet via Email on
6/17/09
Department Approval:
Charles D. Herbertson (06/12/09)
City Attorney Approval:
Carol Schwab (by R. Miranda) (06/17/09)
Chief Financial Officer Review:
Jeff Muir (by M. Noller) (06/17/09)
City Manager Approval:
Mark Scott (06/18/09) City of Culver City, California
City Council Agenda Item Report
the subject Sony property. This route is depicted in Attachment 3. This project will
involve directional boring, which is less intrusive than trenching.
The California Public Utilities Commission has issued a Certificate of Public
Convenience & Necessity to ANI. This certificate authorizes ANI to access cities’
rights-of-way. The related federal and state laws require that cities allow the
installation of these types of telecommunication facilities but allow cities to impose
reasonable time, place and manner regulations pertaining to accessing of the cities’
rights-of-way.
The City’s time, place and manner regulations are documented in the attached
Encroachment Permit Agreement. To protect the City’s interests, the agreement
contains provisions requiring that ANI repair any damage to City property, carry
adequate liability and automobile insurance, defend the City if it is sued for damages
caused by ANI 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
telecommunications applications. Based on the time spent by City Attorney’s Office
and Public Works Department staffs reviewing ANI’s application, the City has billed
ANI $4,178. This funding will be deposited back into the corresponding
Department’s budget.
ATTACHMENTS:
• Resolution, Proposed
• Project Map
• Excerpt From Minutes of January 22, 2007
MOTIONS:
That the City Council:
Adopt a Resolution approving the Encroachment Permit Agreement with ANI.
6/22/09
Adoption of a Resolution Approving an
Encroachment Permit Agreement with AboveNet,
Inc. for Use of the Public Right-of-Way on Madison
Avenue between Culver Boulevard and
Washington Boulevard and Continuing, from the
Intersection of Culver Boulevard and Madison
Avenue, Northeasterly on Culver Boulevard for
Approximately 110 feet.
MEETING DATE:
AGENDA ITEM:
ATTACHMENTS
Pages|109| Resolution, Proposed
1-2|109| Project map
3|109| Excerpt from Minutes of January 22, 2007
4RESOLUTION NO, 2009-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT PERMIT AGREEMENT FOR
ABOVENET COMMUNICATIONS, INC.
WHEREAS, AboveNet Communications, Inc. ("AboveNet") has applied for a
permit to encroach upon Culver City's public rights-of-way in order to install fiber optic cable,
as described in the application it submitted on May 7, 2009 and in the related
Encroachment Permit Agreement;
WHEREAS, AboveNet 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 encroachment permit application submitted by AboveNet on May 7,
2009 is hereby approved.
2. The Public Works Director is authorized to execute the related
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Encroachment Permit Agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2007.
ANDREW WEISSMAN, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN COLE, City Clerk CAROL A. SCHWAB,
City Attorney
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4January 22, 2007
Item A-4
Authorization to Amend a Contract with Virtual Consulting
to Obtain Development Services to Support Deploying
Financial Reports on the City's Intranet.
THAT THE CITY COUNCIL:
I. AUTHORIZE THE CONTRACT AMENDMENT WITH VIRTUAL
CONSULTING TO OBTAIN WEB DEVELOPMENT SERVICES FOR AN
EXPENDITURE NOT TO EXCEED $19,800,00 WHICH WOULD
RESULT IN A NET CONTRACT INCREASE OF $15,097.50;
2.AUTHORIZE THE CITY ATTORNEY TO PREPARE ANY APPROPRIATE
DOCUMENTS; AND
3.AUTHORIZE THE CITY MANAGER TO EXECUTE ANY REQUIRED
AGREEMENTS ON BEHALF OF THE CITY WITH VIRTUAL
CONSULTING.
o0o
Item A-5
Consideration of Adoption of a Resolution Approving an
Encroachment Permit Agreement with AboveNet Communications,
Inc. for Use of the Public Rights-of-Way on Portions of
Centinela Avenue, Bristol Parkway, and Slauson Avenue and
Including an Authorization to Enter into an Agreement with
AboveNet Communications, Inc. to Install Conduit for Fiber
Optic Communications for the New Fire Station #3 Site.
THAT THE CITY COUNCIL ADOPT RESOLUTION NO. 2007-R004
APPROVING THE ENCROACHMENT PERMIT AGREEMENT WITH ABOVENET
COMMUNICATIONS, INC. (AND INCLUDING AN AGREEMENT FOR
INSTALLATION OF CONDUIT TO FIRE STATION #3); AND AUTHORIZE
THE PUBLIC WORKS DIRECTOR TO SIGN THE AGREEMENT ON BEHALF
OF THE CITY OF CULVER CITY.
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