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Title:
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Adoption of a Resolution Approving an Encroachment Agreement with Time Warner for Use of the Public Rights-of-Way on Main Street from 136 feet to 160 feet north of Culver Boulevard.
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City of Culver City, California
Agenda Item Report
Meeting Date: 07/27/2015 Item Number: C-4
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with Time Warner for Use of the Public Rights-of-Way on
Main Street from 136 feet to 160 feet north of Culver Boulevard
Contact Person/Dept.: Sammy Romo/PW Phone Number:(310) 253-5619
Fiscal Impact: Yes [] No [x] General Fund: Yes [] No []
Public Hearing: [] Action Item: [] Attachments: [x]
Commission Action Required: Yes [] No [x] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (07/22/15)
Department Approval:
Charles D. Herbertson (07/16/15)
City Attorney Approval:
Carol Schwab (by H. Baker) (07/20/15)
Chief Financial Officer Approval:
Jeff Muir (07/21/15)
City Manager Approval:
John M. Nachbar (07/22/15)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner for proposed fiber optic
telecommunication cables on Main Street from 136 feet to 160 feet north of Culver
Boulevard.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install a new fiber optic pathway for their private
customer at 3843 Main Street in order to provide phone and internet to their
customer.
The work involves tying into the applicant’s existing facilities on Main Street and
installing additional cable to the private customer. All work will be under ground.
The total distance of the new installation in the public right-of-way is 28 linear feet.
There are no new utility poles proposed along the route.
Legal Framework
Time Warner is the holder of a Certificate of Public Convenience and Necessity
issued by the California Public Utilities Commission. This certificate 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 Certificate of Public Convenience and Necessity
holders but allow municipalities to impose reasonable time, place, and manner City of Culver City, California
Agenda Item Report
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, a fee in the amount of $3,927 was paid by
Time Warner on July 15, 2015.
ATTACHMENT:
? Proposed Resolution
? System Exhibits
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner; 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.