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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 Buckingham Parkway, Slauson Avenue, and Hayden Avenue.
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City of Culver City, California
Agenda Item Report
Meeting Date: 11/12/2013 Item Number: C-5
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 Buckingham Parkway, Slauson Avenue, and Hayden 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 (11/05/13)
Department Approval:
Charles D. Herbertson (10/30/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (11/05/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (11/05/13)
City Manager Approval:
John M. Nachbar (11/05/13)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner Cable (Time Warner) for a proposed
fiber optic telecommunication cable along Buckingham Parkway, Slauson Avenue,
and Hayden Avenue.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cables via
directional boring and open trenching to provide commercial fiber services to 100
Corporate Pointe and 8559 Higuera Street.
100 Corporate Pointe
The proposed fiber optic cable will tie-in to an existing fiber optic cable located on
the sidewalk on the northwest corner of Slauson Avenue and Buckingham Parkway.
The new conduit installation will run south across Slauson Avenue for approximately
90 feet and then continue in a southerly direction along the east side of Buckingham
Parkway for approximately 220 feet and terminate at the private property at 100
Corporate Pointe.
8559 Higuera Street
The proposed fiber optic cable will tie-in to an existing fiber optic cable located on
the sidewalk on the eastside of Hayden Avenue approximately 185 feet south of the
Warner Drive centerline. The new conduit installation will run along the eastside of
the Hayden Avenue in a northerly direction for approximately 105 feet, and then the City of Culver City, California
Agenda Item Report
conduit will cross Hayden Avenue for approximately 50 feet and terminate at the
private property at 8559 Higuera Street.
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
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 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 for Fiscal Year 2013/2014, a fee in the amount of $3,927 was paid
by Inland Engineering Services, Time Warner’s Consulting Engineer, on October 25,
2013.
ATTACHMENTS:
• Proposed Resolution
• System Exhibits
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 such documents on behalf of the City.