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Title:
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Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Use of the Public Right-of-Way Adjacent to Culver Boulevard.
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City of Culver City, California
Agenda Item Report
Meeting Date: 08/11/2014 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with Time Warner Cable for Use of the Public Right-of-
Way Adjacent to Culver Boulevard.
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 (08/06/14)
Department Approval:
Charles D. Herbertson (07/31/14)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (08/05/14)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (08/05/14)
City Manager Approval:
John M. Nachbar (08/06/14)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner Cable (Time Warner) for a proposed
fiber optic telecommunication cable adjacent to Culver Boulevard to service the
property at 9055 Washington Boulevard.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install a fiber optic telecommunication cable via open
trenching to provide commercial fiber service to 9055 Washington Boulevard. The
proposed fiber optic cable will tie-in to an existing fiber optic cable at an existing
underground utility vault located in the sidewalk on the east side of Culver Boulevard
approximately 220 feet south of Venice Boulevard. The new conduit installation will
run underground via open trenching in the sidewalk area in a southeasterly direction
for approximately 45 feet. The new conduit will then terminate in private property.
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.
City of Culver City, California
Agenda Item Report
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: (1) Time Warner
repair any damage to City property, (2) carry adequate liability insurance, (3) defend
the City if it is sued for damages caused by Time Warner, and (4) 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 Time Warner Cable on July 9, 2014.
ATTACHMENTS:
1. Proposed Resolution
2. System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable for a proposed fiber optic telecommunication cable
adjacent to Culver Boulevard for the property at 9055 Washington Boulevard;
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.
MEETING DATE: 08/11/14
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Right-of-Way
adjacent to Culver Boulevard
ATTACHMENTS
Pages
1 Resolutions, Proposed
1-2
2 System Exhibit
3