City of Culver City, California
Agenda Item Report
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 Culver Boulevard and Mentone Avenue.
BACKGROUND/DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cable along Culver
Boulevard and Mentone Avenue to provide a system upgrade to the T-Mobile Cell
Site located at 4080 Overland Avenue.
The proposed fiber optic cable will tie-in to an existing pole, Pole # 4315882E,
located at the southhwest corner of the intersection of Culver Boulevard and
Mentone Avenue. A 24” x 36” CATV vault will be installed, on the sidewalk, next to
Pole # 4315882E. From the tie-in to Pole # 4315882E, 119’ of fiber optic cable will
be installed, northwesterly, along Mentone Avenue and across Culver Boulevard, to
a 24” x 36” CATV vault to be installed in the parkway on the north side of Culver
Boulevard. From this CATV vault, a 184’ fiber optic cable will be installed, westerly,
along the north side of Culver Boulevard to a 24” x 36” CATV vault to be installed in
the parkway on the north side of Culver Boulevard.
Meeting Date: 6/13/2011 Item Number: C-10
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with Time Warner Cable for Use of the Public Right-of-
Way Along Culver Boulevard and Mentone 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 (06/08/11); (Mail) All
adjacent property owners and businesses on (06/03/11) and Culver City News on
(06/09/11).
Department Approval:
Charles D. Herbertson(06/06/11)
City Attorney Approval:
Carol A. Schwab (by R. Miranda)
(06/08/11)
Chief Financial Officer Approval:
Jeff Muir (by K. Marsden) (06/08/11)
City Manager Approval:
John M. Nachbar (06/08/11) City of Culver City, California
Agenda Item Report
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. 2010-R016, the City’s
Fee Resolution for Fiscal Year 2010/2011, a fee in the amount of $3,850 was paid
by the Inland Engineering Services, Inc., Time Warner’s Consulting Engineer, on
May 27, 2011.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving the Encroachment Agreement with
Time Warner Cable;
City of Culver City, California
Agenda Item Report
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: 06/13/11
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Right-of-Way Along
Culver Boulevard and Mentone Avenue
ATTACHMENTS
Pages
1 Resolution, Proposed 1-2
2 System Exhibit 3 1
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RESOLUTION NO. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CI -1Y, CALIFORNIA, APPROVING AN
ENCROACHMENT AGREEMENT FOR TIME WARNER NY
CABLE, LLC,
WHEREAS, Time Warner NY Cable, LLC ("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 a permit to encroach upon
Culver City's public rights-of-way in order to install conduit, fiber optic cables and related
telecommunication facilities;
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 application submitted by Time Warner Cable
is 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 2011.
MICHEAL O'LEARY, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
MARTIN COLE, City Clerk .4,( CAROL A. SCHWAB,
City Attorney
A11-00251
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-2- PROP. 24"x36" CATV VAULT
PARKWAY
staLWAa_
SCALE 1"=50'
PROPOSED 24"x36:
CATV VAULT
EXISITING POLE
ti 4315882C
in
EAV ENO1N9 IN
PLACE 24"X36" GAIV VAULT 2
MATERIAL
4," PVC_ CONDUIT
FOOTAGE
303'
LEGEND
PROPOSED BORE
PROPOSED CATV VAULT
BILL OF MATERIALS
QTY NO
ADDRESS/TITLE:
4080 OVERLAND AVE
CULVER CITY, CA. 90232
TIME WARNER
550 S. PROMENADE AVE. SUITE 102,
CORONA, CA 92879
1250 CORONA POINTE SUITE 305 CORONA CA 92879
OFFICE: 951.273.1814 FAX; 951.2731815
SYSTEM EXHIBIT PROJECT: LA03247E
PROP. 24"x36" CATV VAULT
CULVER BLVD
184 PROPOSED PVC
CONDUIT FROM VAULT TO
VAULT
119' PROPOSED PVC
CONDUIT FROM VAULT TO
VAULT