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Title:
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Adoption of Resolutions Approving Encroachment Agreements with Time Warner Cable for Use of the Public Rights-of-Way on Buckingham Parkway and Jefferson Boulevard.
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City of Culver City, California
Agenda Item Report
Meeting Date: 04/21/2014 Item Number: C-6
CITY COUNCIL AGENDA ITEM: Adoption of Resolutions Approving Encroachment
Agreements with Time Warner Cable for Use of the Public Rights-of-Way on
Buckingham Parkway and Jefferson Boulevard.
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 (04/16/14)
Department Approval:
Charles D. Herbertson (04/09/14)
City Attorney Approval: Carol A. Schwab
(by R. Miranda) (04/15/14)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (04/15/14)
City Manager Approval:
John M. Nachbar (04/16/14)
RECOMMENDATION:
Staff recommends that the City Council adopt two resolutions approving two
Encroachment Agreements with Time Warner Cable (Time Warner) for proposed
fiber optic telecommunication cables along Buckingham Parkway and Jefferson
Boulevard.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cables via
directional boring and open trenching to provide commercial fiber services to 5741
Buckingham Parkway and 10455 Jefferson Boulevard.
5741 Buckingham Parkway
The proposed fiber optic cable will tie-in to an existing fiber optic cable at an
underground utility vault on the north side of Buckingham Parkway approximately
650 feet north of the Slauson Avenue centerline.
The new conduit installation will run underground via directional boring and open
trenching along Buckingham Parkway in a westerly direction for approximately 115
feet. The new conduit will then terminate into a new underground vault in the
sidewalk at 5741 Buckingham Parkway.
City of Culver City, California
Agenda Item Report
10455 Jefferson Blvd
The proposed fiber optic cable will tie-in to an existing fiber optic cable at an
underground utility vault on the west side of Jefferson Boulevard approximately 440
feet north of the Jordan Way centerline.
The new conduit installation will run underground via directional boring and open
trenching along Jefferson Boulevard in a northerly direction for approximately 110
feet. The new conduit will then terminate into a new underground vault located in
the sidewalk at 10455 Jefferson Boulevard.
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 two
Encroachment Agreements between the City and Time Warner. To protect the
City’s interests, these agreements 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 on behalf of Time Warner Cable on March 19, 2014.
ATTACHMENT:
• Proposed Resolution
• System Exhibits
City of Culver City, California
Agenda Item Report
MOTIONS:
That the City Council:
1. Adopt the resolutions approving the two Encroachment Agreements 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.