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Title:
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Adoption of a Resolution Approving Encroachment Agreements with Time Warner Cable for Use of the Public Rights-of-Way on Hayden Avenue and Its Intersection with Higuera Street and on Bristol Parkway and Its Intersection with Green Valley Circle.
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City of Culver City, California
Agenda Item Report
Meeting Date: 02/10/2014 Item Number: C-3
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving
Encroachment Agreements with Time Warner Cable for Use of the Public Rights-of-
Way on Hayden Avenue and Its Intersection with Higuera Street and on Bristol
Parkway and Its Intersection with Green Valley Circle.
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: [x] Attachments: [x]
Commission Action Required: Yes [] No [x] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (02/04/14)
Department Approval:
Charles D. Herbertson (01/28/14)
City Attorney Approval:
Carol Schwab (by R. Miranda) (02/04/14)
Chief Financial Officer Approval:
Jeff Muir (02/04/14)
City Manager Approval:
John M. Nachbar (02/04/14)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving two
Encroachment Agreements with Time Warner Cable (Time Warner) for proposed
fiber optic telecommunication cables along Hayden Avenue (at Higuera Street) and
along Bristol Parkway (at Green Valley Circle).
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cables via
directional boring and open trenching to provide commercial fiber services to the
properties at 6133 Bristol Parkway and 8550 Higuera Street.
8550 Higuera Street
The proposed fiber optic cable will tie-in to an existing fiber optic cable at an existing
utility pole located on the east side of Hayden Avenue, north of Higuera Street. The
new conduit installation will run south for approximately 246 feet along the east side
of Hayden Avenue and then continue in a southerly direction across Higuera Street
for approximately 64 feet and terminate into the private property at 8550 Higuera
Street.
6133 Bristol Parkway
The proposed fiber optic cable will tie-in to at an existing CATV vault located at the
southwest corner of Green Valley Circle and Bristol Parkway. The new conduit
installation will run north across Green Valley Circle for approximately 70 feet and
then continue in a southeasterly direction along the north side of Green Valley Circle City of Culver City, California
Agenda Item Report
for approximately 70 feet before turning in a northeasterly direction along the west
side of Bristol Parkway for approximately 570 feet. This new conduit will terminate
into the private property at 6133 Bristol Parkway.
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. 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 the
Encroachment Agreements between the City and Time Warner. To protect the
City’s interests, these agreements 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 performance bonds
prior to commencing work on these projects.
The Public Works Department and the City Attorney’s Office are developing a new
ordinance for consideration by the City Council to have these types of encroachment
agreements be approved administratively by staff.
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 2013/2014, a fee in the amount of $3,927 was paid
by Time Warner Cable on January 17, 2014.
ATTACHMENT:
• Proposed Resolution
• System Exhibits
City of Culver City, California
Agenda Item Report
MOTIONS:
That the City Council:
1. Adopt a resolution approving two Encroachment Agreements with
Time Warner Cable for the proposed fiber optic telecommunication cables
along Hayden Avenue (at Higuera Street) and along Bristol Parkway (at
Green Valley Circle); 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.