City of Culver City, California
Agenda Item Report
Meeting Date: 10/24/2011 Item Number: C-9
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving Two
Encroachment Agreements with Time Warner Communications for Use of the
Public Rights-of-Way on Jefferson Boulevard and on Green Valley Circle
Contact Person/Dept.:
Lee Torres/PW
Contact Person/Dept.:
Lee Torres/PW
Fiscal Impact: Yes [] No [x] Fiscal Impact: Yes [] No [x]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – (E-Mail) Agenda and Meetings – City
Council (10/20/11), (Mail) All adjacent businesses on (10/14/11), and Culver City News on
(10/20/11).
Department Approval:
Charles D. Herbertson (10/12/11)
City Attorney Approval:
Carol Schwab (10/19/11)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/19/11)
City Manager Approval:
John M. Nachbar (10/20/11)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving two
Encroachment Agreements with Time Warner Communications (Time Warner) to
install fiber optic telecommunication cable along Jefferson Boulevard and along
Green Valley Circle.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cable across
Jefferson Boulevard to provide commercial fiber service to 10395 Jefferson
Boulevard and across Green Valley Circle to provide commercial fiber service to
5855 Green Valley Circle.
10395 Jefferson Boulevard
The proposed fiber optic cable will tie-in to an existing vault located at the south side
of Jefferson Boulevard, east of Indian Wood Road. From the tie-in, 94 feet of new
fiber optic cable will be installed northwesterly across Jefferson Boulevard to a new
17 inch by 30 inch CATV vault installed in the parkway. From this new CATV vault,
a 199 foot long fiber optic cable will be installed, northeasterly, along the north side
of Jefferson Boulevard, to a second, new 17 inchby 30 inch CATV vault installed in
the parkway in front of 10395 Jefferson Boulevard.
City of Culver City, California
Agenda Item Report
5855 Green Valley Circle
The proposed fiber optic cable will tie-in to an existing vault located on the south
side of Green Valley Circle. From the tie-in, 85 feet of new fiber optic cable will be
installed, northerly across Green Valley Circle, directly to 5855 Green Valley Circle.
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 also 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. 2011-R027, the City’s
Fee Resolution for Fiscal Year 2011/2012, a fee in the amount of $3,850 was paid
by the Cable Engineering Services, Inc., Time Warner’s Consulting Engineer, on
September 29, 2011.
ATTACHMENT:
• Proposed Resolution
• System Exhibits
MOTIONS:
That the City Council:
1. Adopt a resolution approving two Encroachment Agreements with
Time Warner Communications; 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: 1 0/24/1 1
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Rights-of-Way on
Jefferson Boulevard and on Green Valley Circle
ATTACHMENTS
PaqeS
1 Resolution, Proposed 1-2
2 System Exhibit 3-4 1
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RESOLUTION NO. 2011-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING TWO
ENCROACHMENT AGREEMENTS WITH TIME WARNER
COMMUNICATIONS.
WHEREAS, Time Warner Communications 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_
11111
11111
-1- MARTIN COLE, City Clerk
Al 1-00666
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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
Communications for the projects designated as Cable Engineering Services Project No.
15000779 and Cable Engineering Services Project No. 15000760 are hereby approved_
2. The City Manager is authorized to execute the two related
encroachment agreements 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:
U6.1)(
CAROL A. SCHWAB,
City Attorney
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