City of Culver City, California
Agenda Item Report
Meeting Date: 06/11/2012 Item Number: C-9
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 Hayden Avenue and Higuera Street
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 [] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (06/08/12); (E-Mail)
Time Warner Cable (06/06/12) and Culver City News on (05/31/12 and 06/7/12)
Department Approval:
Charles D. Herbertson (06/04/12)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (06/06/12)
Chief Financial Officer Approval:
Jeff Muir (by K. Marsden) (06/07/12)
City Manager Approval:
John M. Nachbar (06/07/12)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner Cable (Time Warner) to install fiber
optic telecommunication cable along Hayden Avenue and Higuera Street.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cable along
Hayden Avenue and Higuera Street to provide commercial fiber service to 3520
Hayden Avenue and 8520 National Boulevard.
3520 Hayden Avenue
The proposed fiber optic cable will tie-in to an existing overhead facility on an
existing utility pole located at northeast corner of Higuera Street and Helms Avenue.
The proposed cable will continue easterly for approximately 300 feet overhead on
the existing utility poles then go underground through an existing conduit for
approximately 107 feet. The installation then continues overhead northerly on the
existing utility poles for approximately 1,068 feet. The proposed fiber optic cable
will then continue in an easterly direction underground in an existing conduit and
also overhead on existing utility poles for approximately 234 feet, and 260 feet,
respectively, until reaching the commercial property located at 3520 Hayden
Avenue.
8520 National Boulevard
The proposed fiber optic cable will tie-in to an existing overhead facility on an
existing utility pole located on the east side of Hayden Avenue and 548 feet south of City of Culver City, California
Agenda Item Report
the National Boulevard centerline. From the tie-in, 4 feet of new 3-inch conduit will
be installed in an easterly direction to the private property line of 8520 National
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 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. 2011-R027, the City’s
Fee Resolution for Fiscal Year 2011/2012, a fee in the amount of $3,850 was paid
by Cable Engineering Services, Inc., Time Warner’s Consulting Engineer, on May
24, 2012.
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 the documents on behalf of the City.
MEETING DATE: 06/11/12
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreements
with Time Warner Cable for Use of the Public Rights-of-Way on
Hayden Avenue and Higuera Street
ATTACHMENTS
Pages
1 Resolutions, Proposed
1-2
2 System Exhibits
3-4 RESOLUTION NO. 2012-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT AGREEMENT WITH TIME WARNER
CABLE.
WHEREAS, Time Warner Cable is the holder of a state video franchise,
issued pursuant to the Digital Infrastructure and Video Competition Act of 2006, authorizing
it to provide cable video services in Culver City;
WHEREAS, Time Warner Cable's state video franchise also authorizes it to
install conduit, fiber optic cables and related telecommunication facilities within municipal
rights-of-way;
WHEREAS, Time Warner Cable has applied for two permits to encroach
upon Culver City's public rights-of-way in order to install conduit, fiber optic cables and
related telecommunication facilities at two separate locations;
WHEREAS, the City of Culver City is authorized to regulate the time, place
and manner of the placement of telecommunication or video facilities in its public rights-of-
way;
WHEREAS, the City of Culver City regulates the time, place and manner of
the placement of telecommunication or video facilities in its public rights-of-way through the
issuance of encroachment permits and encroachment agreements;
WHEREAS, Section 11.20.025(D) of the Culver City Municipal Code provides
that issuance of encroachment permits is subject to approval by the Culver City City
Council.
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NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE, as follows:
1. The encroachment permit applications submitted by Time Warner
Cable for the projects designated as Cable Engineering Services Project No. 15000991 and
Cable Engineering Services Project No. 15000994 are hereby approved.
2. The City Manager is authorized to execute the related encroachment
agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2012.
ANDREW WEISSMAN, MAYOR
City of Culver City, California
ATTEST:
APPROVED AS TO FORM:
MARTIN COLE, City Clerk
Al2-00420
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-2- TWC TO LMLIZE 234' OF
EXISTING CONDUIT TO
PLACE NEW FIBER OPTIC
CABLE
'MC WILL OVERLASH
1.068' OF NEW AERIAL
FIBER TO EXISTING
AERIAL FACILITIES
WARNER DR.
TWC TO UTIUZE 107' OF
EXISTING CONDUCT TO
PLACE NEW FIBER OPTIC
CABLE
HIGLiER4 ST".
HIGUERA
ST,
NEW 80' FIBER TO BE ATTACHED
TO BUILDING 3520 HAYDEN AVE.,
UTILIZING A WEATHER HEAD
ATTACHMENT
420
14111)EN
Att.
TWC WILL OVERIASH 180'
OF NEW AERIAL FIBER TO
EXISTING AERIAL
FACILITIES
sTELLER De.
TWC WILL OVERLASH 300 *
OF NEW AERIAL FIBER TO
EXISTING AERIAL FACILITIES
TWC WILL OVERLASH OF
EXISTING AERIAL PLANT
AT THIS LOCATION
BILL OF MATERIAL
NO. MATERIAL QUANTITY FOOTAGE
1 48—S FIBER OPTIC CABLE 1,969'
6M STRAND 80'
NO. TYPE OF PLACEMENT FOOTAGE
1 EXISTING UNDERGROUND CONDUIT 341'
2 AERIAL 1,628'
LEGEND
EXISTING POLES
EXISTING RISER
EXISTING U. G.
TWC AERIAL OVER LASH
NEW AERIAL FIBER — • — • — • —
Scale: 1"=200'
di - 11> TIMEWIRNER CABLIEi
n 1-1-. POWER OF YOU
6357 ARIZONA CR. LOS ANGELIS, CI. 90045
CeS ::::7 engineering
servrees
pREscorr commuccAToNs NO
PROJECT NAME: 3520 HAYDEN AVE., CULVER CITY, CA 90232.
LOCATION: HICUERA ST. TO HAYDEN AVE. T.G. PAGE NO.: LA 672-0
PROJECT DESCRIPTIONS! TIME WARNER CABLE TO OVERLASH 1,628' OF NEW
FIBER OPTIC CABLE TO EXISTING TIME WARNER CABLE
AERIAL PLANT, AND PULL A TOTAL OF 341' OF NEW
F.O.C. THROUGH EXISTING TWC UNDERGROUND CONDUIT.
104413 S0I111LYE9A 31.1111. SURFS
/415510111-1U.S, CAL 91345
OA 5; FM Z352 Feal WS) 8934.91116
OWNER/APPLICANT
MINER: TIME WARNER CABLE SAM KIRKSE7
ADDRESS: 6357 ARIZONA CR. LOS ANGELES,
17045 CA 9
(616) 261-6967 SYSTEM EXHIBIT 42
PROJECT NO: 15000991 Scale: N.T.S.
— — NEW U.G. — —
NEW UNDERGROUND CONDUIT FROM EXISTING
TIME WARNER AERIAL FACILITIES ON EXISTING
WOOD POLE #N/T TO PROPERTY LINE WILL BE
STUBBED AND CAPPED FOR BUILDING CONNECTION.
BILL OF MATERIAL
NO. MATERIAL
QUANTITY FOOTAGE
1 3" PVC CONDUIT
4'
NO. TYPE OF PLACEMENT FOOTAGE
1 CONCRETE SIDEWALK LINEAR TRENCH 4'
2 STREET LINEAR BORE 0'
,
TBAEwARNER
oa,,,
PROJECT NAME: 8520 NATIONAL BLVD, CULVER CITY, CA 90232
LOCATION: HAYDEN AVE. 5/0 NATIONAL BLVD.
PROJECT DESCRIPTIONS: TIME WARNER CABLE IS PROPOSING TO PLACE 4' (1) 3" SCH. 40 PVC
CONDUIT FROM EXISTING WOOL) POLE #N/T TO PROPERTY LINE.
TRAFFIC CONTROL PLANS WILL BE PER WATCH MANUAL.
TOTAL 3'' SCH. 40 PVC CONDUIT FOOTAGE 4'
8.
commwacmioNs
6557 ARIZONA CR. LOS ANCE/E6A CA. 90045
%.7 3 .2.,', er'"
PRESCOTT COMMUNICATIONS INC
16646 SEPULVEDA BLVD SUITE 1
MISSION HILLS, CA 91345
(8 1 41 898.23S2 FAX ;81518984186 OWNEPJAPPLICANT
4 OWNER TIME WATOIERCABLE
ADDRESS 5357ARIZONACIRCLE
LOS ANGELES.0690045
SYSTEM EXHIBIT PROJECT NO:15000994