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Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Fiber Optic Telecommunication Cable in the Public Right-of-Way Adjacent to 5700 Hannum Avenue
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Contact Person/Dept: Sammy Romo / Public Works
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 ()
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (12/22/15)
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RECOMMENDATION
Staff recommends that the City Council adopt a resolution approving an Encroachment Agreement with Time Warner for 250 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 5700 Hannum Avenue.
BACKGROUND/DISCUSSION
Time Warner is proposing to install a new fiber optic pathway for their private customer at 5700 Hannum Avenue.
The work involves tying into the applicant’s existing facilities in the sidewalk on Buckingham Parkway, approximately 376 feet south of the centerline at Hannum Avenue, proceeding west for 57 feet, then turning north for 177 feet, and then turning west for 6 feet, into a proposed vault, and then continuing west for 10 feet into the customer’s private property. 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 250 linear feet. There are no new utility poles proposed along the route.
Legal Framework
Time Warner is the holder of a statewide video franchiseCertificate of Public Convenience & Necessity issued by the California Public Utilities Commission. This franchise 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 statewide video franchise Certificate of Public Convenience & Necessity 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 November 25, 2015.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibits
RECOMMENDED MOTION(S)
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner for 250 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 5700 Hannum Avenue; 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.