City of Culver City, California
Agenda Item Report
Meeting Date: 09/10/2012 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 Rights-of-
Way on Cardiff Avenue and 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 (09/05/12) and Culver
City News on (08/30/12)
Department Approval:
Charles D. Herbertson (08/31/12)
City Attorney Approval: Carol A. Schwab
(by R. Miranda) (9/5/12)
Chief Financial Officer Approval:
Jeff Muir (09/05/12)
City Manager Approval:
John M. Nachbar (09/05/12)
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 along Cardiff Avenue and Culver Boulevard.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install a fiber optic telecommunication cable on Cardiff
Avenue and Culver Boulevard to provide commercial fiber service to 3859 Cardiff
Avenue.
The proposed fiber optic cable will tie-in to an existing conduit located along Culver
Boulevard approximately 32 feet north of the street centerline. The new line will then
continue in a northwesterly direction across Culver Boulevard and onto Cardiff
Avenue for approximately 148 feet. The proposed fiber optic cable will turn westerly
on the alley for approximately 30 feet and terminate at a new vault adjacent to the
private property at 3859 Cardiff Avenue.
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 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. 2012-R035, the City’s
Fee Resolution for Fiscal Year 2012/2013, a fee in the amount of $3,850 was paid
by Cable Engineering Services, Time Warner’s Consulting Engineer, on August 20,
2012.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable; and,
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: 09/10/12
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Rights-of-Way on
Cardiff Avenue and Culver Boulevard
ATTACHMENTS
Pages
1 Resolution, Proposed
1-2
2 System Exhibit
3 RESOLUTION NO. 2012-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT AGREEMENT WITH TIME WARNER
CABLE.
WHEREAS, 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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14- ATTEST:
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17 MARTIN COLE, City Clerk
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Al 2-00645
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ANDREW VVEISSMAN , MAYOR
City of Culver City, California
APPROVED AS TO FORM:
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NOW, THEREFORE, the City Council of the City of Culver City, California,
2 DOES HEREBY RESOLVE, as follows:
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1. The encroachment permit application submitted by Time Warner Cable
4 for its Project No. 15001029, at 3859 Cardiff Avenue, is hereby approved.
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2. The City Manager is authorized to execute the related encroachment
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agreement on behalf of the City of Culver City.
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APPROVED and ADOPTED this day of 2012.
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2.
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PROPOSED 17”x3O" VAULT
130' - ± OF 2-4" PROPOSED
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PROPOSED 17"x30" VAULT
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— — 11 1.4 PROPERTY LINE
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PRESCOTT commuceams we
PROJECT NAME: 3859 CARDIFF - 3859 CARDIFF AVE., CULVER CITY, CA 90232
LOCATION: CARDIFF AVE. AND CULVER BLVD.
PROJECT DESCRIPTIONS: PLACING 1175' OF NEW UNDERGROUND CONDUIT FROM THE
INTERCEPT POINT ON CULVER BLVD. dc CARDIFF AVE. TO WEST
OF CARDIFF AVE. ENDING IN ALLEY AT PROPOSED VAULT AT
3859 CARDIFF AVE. PROPERTY LINE.
COMMUNICATIONS
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1064151111LVEDAWAX %MI
AKSICII NW, ca. 9130
R11118911,22XL FIVINIO054186 12,,,,NEFVAPI'L/CANT
OWNER. TIME WARER COMMUNICATIONS
ADDRESS. .5357 ARIZONA CR.
LOS ANGELES, CA 90045
SYSTEM EXHIB7 PROJECT NO: 15001029
SHEET 1 OF 1