City of Culver City, California
Agenda Item Report
Meeting Date: 02/06/2012 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adopt a Resolution Approving an Encroachment
Agreement with AboveNet, Inc. for Use of the Underground Public Right-of-Way on
Bristol Parkway (at Slauson 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: [x] Attachments: [x]
Commission Action Required: Yes [] No [x] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (02/03/12) and Culver
City News (02/02/12)
Department Approval:
Charles D. Herbertson (02/01/12)
City Attorney Approval:
Carol Schwab (by R. Miranda) (02/01/12)
Chief Financial Officer Approval:
Jeff Muir (02/01/12)
City Manager Approval:
John M. Nachbar (02/03/12)
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 Bristol Parkway.
BACKGROUND/ DISCUSSION:
AboveNet is proposing to install fiber optic telecommunication cable along Bristol
Parkway, near Slauson Avenue, to provide commercial fiber service to a local
business located at 800 Corporate Pointe that requires secure, high bandwidth data
transmission.
The proposed fiber optic cable will tie-in to an existing vault located on the westerly
side of Bristol Parkway approximately 5 feet from the sidewalk. From the tie-in,
approximately 15 feet of fiber optic cable will be installed to a telecommunication
vault located on private property.
Legal Framework
AboveNet is the holder of a Certificate of Public Convenience and 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. 2011-R027, the City’s
Fee Resolution for Fiscal Year 2011/2012, a fee in the amount of $3,850 was paid
by the F J S Cable Engineering Inc., AboveNet’s Consulting Engineer, on January 6,
2012.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving the Encroachment Agreement with
AboveNet for the installation of Fiber Optic cable as shown on the attached
System Exhibit;
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: 02/06/12
AGENDA ITEM: Adopt a Resolution Approving an Encroachment Agreement with
AboveNet, Inc. for Use of the Public Right of Way along Bristol
Parkway
ATTACHMENTS
Pages
1 Resolution, Proposed 1-2
2 System Exhibit 3 I
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RESOLUTION NO. 2012-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_ ("AboveNet") has applied for a
permit to encroach upon Culver City's public rights-of-way in order to install fiber optic cable
on a project located on Bristol Parkway, just south of Slauson Avenue, and described in
AboveNet's application dated December 7, 2011;
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 the time, place
and manner of the placement of telecommunication facilities in its public rights-of-way;
WHEREAS, Section 11.20.025(0) 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 for the project located on Bristol
Parkway (just south of Slauson Avenue), designated by AboveNet as File Name 17840 ABV
and described in AboveNers application dated December 7, 2011 is hereby approved.
2_ The City Manager is authorized to execute the related
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encroachment agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2012.
MICHEAL O'LEARY, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
(At,t,/( kW\
MARTIN COLE, City Clerk fix/ CAROL A. SCHWAB,
City Attorney
All-00827 CIF
W SLAUSON AVE
c?.
ICTq
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cj,
EXLSTING COMM.
MANHOLE
PROPOSED 1-4"
ABOVENET CONDUIT
EXISTING MFN
(ABOVENET) MANHOLE
1 0'
AMU 101SNS
102'
%AboveNet, Inc.
LOCATION:
FILE NANIEI
17840 ABV
WY:
CULVER CITY
CALIFORNIA
BRISTOL PKWY &
W SLAUSON AVE
800 CORPORATE POINT
THOMSON REUTERS
PROPOSED LOCATION
W/S BRISTOL PKWY 111'
B/0 W SLAUSON AVE
L.-48'
NOT TO SCALE
THOMAS GUIDE NUMBER;
B72•HO
1 OF I
DRAFTED; MIKE DATE: 12JO/11