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CC - Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Use of the Public Rights-of-Way Adjacent to 8461 Warner Drive.
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Contact Person/Dept: Sammy Romo/PWD
Phone Number: (310) 253-5619
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: Yes [X] No []
Commission Action Required: Yes [] No [X] Date:
Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (09/10/15)
Department Approval: Charles D. Herbertson, Director of Public Works/City Engineer (09/03/15)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with Time Warner Cable (TWC) for a proposed fiber optic telecommunication cable in the public right-of-way adjacent to 8461 Warner Drive.
BACKGROUND/DISCUSSION
TWC is proposing to install new fiber optic telecommunication cable via open trenching in order to provide new commercial fiber service for the customer at 8461 Warner Drive.
The proposed fiber optic cable installation will begin by open trenching from an existing utility pole to approximately 5 feet north of the existing utility pole, at which point a 24” x 36” vault will be placed. From there, the trenching will continue eastward into the building at 8461 Warner Drive. One 4-inch conduit will then be placed in the trench followed by fiber optic cable. All work will take place within the concrete sidewalk. The total length of trench is approximately 7 feet.
Legal Framework
TWC is the holder of a statewide video franchise issued by the California Public Utilities Commission. This statewide franchise authorizes TWC 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 TWC’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.
Should the City Council adopt the proposed resolution, the City’s time, place, and manner regulations will be documented in an Encroachment Agreement between the City and TWC. To protect the City’s interests, this agreement will contain provisions requiring that TWC repair any damage to City property, carry adequate liability insurance, defend the City if it is sued for damages caused by TWC, 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 TWC on August 28, 2015.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibit
RECOMMENDED MOTIONS
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable for proposed fiber optic telecommunication cable in the public right-of-way adjacent to 8461 Warner Drive; 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.