City of Culver City, California
Agenda Item Report
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Permit Agreement with Time Warner Cable (Time Warner) to install
fiber optic telecommunication cable along Matteson Avenue.
BACKGROUND/DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cable along
Matteson Avenue to provide high speed internet service to Video Tech Service
which is located at 3916 Sepulveda Boulevard.
The scope of work will involve installing approximately 830 linear feet of fiber optic
cable on existing utility poles along Matteson Avenue, from utility pole # 1759402E
(located at the northeast corner of Matteson Avenue and Tilden Avenue) to utility
pole #GT89944 (located along the alley just east of Sepulveda Boulevard) This
route is depicted in the attached System Exhibit. No open trenching or boring is
proposed as part of this project.
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-
Meeting Date: 12/13/10 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Permit Agreement with Time Warner Cable for Use of the Public
Right-of-Way Along Matteson Avenue (Between Tilden Avenue and the Alley East
of Sepulveda 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 (12/08/10); (Mail) All
adjacent property owners and businesses (12/02/10) and Culver City News (12/09/10).
Department Approval:
Charles D. Herbertson (12/03/10)
City Attorney Approval:
Carol A. Schwab (by R. Miranda, 12/7/10)
Chief Financial Officer Approval:
Jeff Muir (by K. Marsden) (12/08/10)
City Manager Approval:
John M. Nachbar (12/09/10) City of Culver City, California
Agenda Item Report
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.
The City’s time, place and manner regulations will be documented in an
Encroachment Permit 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. 2010-R016, the City’s
Fee Resolution for Fiscal Year 2010/2011, a fee in the amount of $3,850 was paid
by KB Engineering, Time Warner’s Consulting Engineer, on October 12, 2010.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving the Encroachment Permit 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: 12/13/10
AGENDA ITEM: Adoption of a Resolution Approving an Encroachment Permit
Agreement with Time Warner Cable for Use of the Public Right-of-
Way Along Matteson Avenue (Between Tilden Avenue and the
Alley East of Sepulveda Boulevard)
ATTACHMENTS
Pages|109| Proposed Resolution 1-2|109| System Exhibit 3RESOLUTION NO. 2010-R
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
ENCROACHMENT PERMIT AGREEMENT FOR TIME
WARNER NY CABLE, LLC.
WHEREAS, Time Warner NY Cable, LLC ("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;
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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28A10-00420
MARTIN COLE, City Clerk
NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE, as follows:
1. The encroachment permit application submitted by Time Warner Cable
is hereby approved.
2. The City Manager is authorized to execute the related Encroachment
Permit Agreement on behalf of the City of Culver City.
APPROVED and ADOPTED this day of 2010.
CHRISTOPHER ARMENIA, MAYOR
City of Culver City, California
ATTEST: APPROVED AS TO FORM:
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-2-SCOPE OF WORK: INSTALLATION OF 920' OF FIBER OPTIC CABLE ON EXISTING UTILITY POLES
TO EXTEND TIME WARNER CABLE OUTSIDE PLANT
SYSTEM EXHIBIT
916-MAR02-T01-CUL
r'Ji -ra GAL
BILL OF MATERIALS
FIBER OPTIC CABLE 92.0' LF
TO BE unEitioNED
SHEET:
1 OF t
1897 CALIFORNIA A.VE.)
,CoAoNA, cA 92E81
RAF-1-1N.0168 E NET
TEL- 951-80 B-95a 1)
FAX. 951-5UB-951 El
40 TIME WARNER CABLE
THE ROWER OF YOU
TIME WARIER NY CABLE LLC RIB/A TINE WARNER Cala
NORTH CCUITNENIAL
EL SEGUNDO, CA902.4.5
7Z2)1R-A.P 1 _u,E, CTJLVER CITY, CA.
WW1.
3916SEPULVED4 BLVD
ENGINEERING
LEGEND
EXISTING UTILITY POLE
— PROPOSED FIBER OPTIC CABLE