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Title:
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Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Use of the Public Rights-of-Way on Bristol Parkway.
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City of Culver City, California
Agenda Item Report
Meeting Date: 04/13/2015 Item Number: C-11
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with Time Warner Cable for Use of the Public Rights-of-
Way on Bristol Parkway
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 (04/08/15)
Department Approval:
Charles Herbertson (04/01/15)
City Attorney Approval:
Carol Schwab (by R. Miranda) (04/06/15)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (04/07/15)
City Manager Approval:
John M. Nachbar (04/08/15)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner Cable (Time Warner) for the proposed
installation of fiber optic telecommunication cables along Bristol Parkway.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install new fiber optic telecommunication cables via
directional boring in order to provide new commercial fiber service for a commercial
customer located at 6120 Bristol Parkway.
The proposed fiber optic cable installation will begin by tying into existing fiber optic
cables located in an underground vault on the south side of Bristol Parkway
approximately 586 feet east of Uplander Way. A new conduit will then be installed
underground via directional boring approximately 836 feet in a westerly direction
along the south side of Bristol Parkway to a proposed new underground vault. The
line will continue southerly approximately 4 feet to the private property at 6120
Bristol Parkway.
Legal Framework
Time Warner is the holder of a statewide video franchise issued by the California
Public Utilities Commission. This statewide franchise authorizes Time Warner to
access cities’ rights-of-way for the purpose of 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 Time Warner’s telecommunication or video facilities but allow City of Culver City, California
Agenda Item Report
municipalities to impose reasonable time, place, and manner regulations pertaining
to construction of telecommunications facilities within the cities’ rights-of-way.
The City’s time, place, and manner regulations will be documented in an
Encroachment Agreement between the City and Time Warner. To protect the City’s
interests, this agreement will contain provisions requiring that Time Warner repair
any damage to City property, carry adequate liability insurance, defend the City if it
is sued for damages caused by Time Warner, 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. 2013-R034, the City’s
Fee Resolution, a fee in the amount of $3,927 was paid by
Inland Engineering Services on behalf of Time Warner Cable on March 27, 2015.
ATTACHMENT:
? Proposed Resolution
? System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable; 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.