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CC - Adoption of a Resolution Approving an Encroachment Agreement with Time Warner for Use of the Public Right-of-Way at 10401 Jefferson Boulevard
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Contact Person/Dept: Sammy Romo
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 (05/03/2016);
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (04/27/16)
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with Time Warner for 95 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 10401 Jefferson Boulevard.
BACKGROUND/DISCUSSION
Time Warner is proposing to install a new fiber optic pathway for their private customer at 10401 Jefferson Boulevard.
The proposed new fiber optic conduit begins at the applicant’s existing vault in the sidewalk on Jefferson Boulevard, 227 feet west of the centerline at Hollow Corner Road. The proposed route from the vault goes south for 9 feet, then turns west for 70 feet, then turns north for 8 feet, into a proposed vault, then continues north for 8 more feet. All work will be under ground and installed by directional boring.
The total distance of the new installation in the public right-of-way is 95 linear feet. There are no new utility poles proposed along the route.
Legal Framework
Time Warner is the holder of a statewide video franchise issued by the California Public Utilities Commission. This franchise authorizes Time Warner to access cities’ rights-of-way for the purpose of constructing and maintaining telecommunication lines along and upon cities’ public rights-of-way. The related federal and state laws require that municipalities allow the installation of telecommunication facilities by statewide video franchise holders 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. 2013-R034, the City’s Fee Resolution for Fiscal Year 2015-16, a fee in the amount of $3,927 was paid by
Time Warner on April 27, 2016.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibit
RECOMMENDED MOTIONS
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner for 95 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 10401 Jefferson Boulevard;
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.