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Title:
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Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Use of the Public Rights-of-Way on Fox Hills Drive and Green Valley Circle
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City of Culver City, California
Agenda Item Report
Meeting Date: 07/02/2012 Item Number: C-7
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 Fox Hills Drive and 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: [] Attachments: [x]
Commission Action Required: Yes [] No [x] Date: _______________
Public Notification: (E-Mail) Agenda and Meetings – City Council (06/28/12); and Culver
City News on (06/28/12)
Department Approval:
Charles D. Herbertson (06/20/12)
City Attorney Approval:
Carol A. Schwab (by. R. Miranda)
(06/25/12)
Chief Financial Officer Approval:
Jeff Muir (06/26/12)
City Manager Approval:
John M. Nachbar (06/27/12)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner Cable (Time Warner) to install fiber
optic telecommunication cable along Green Valley Circle and Fox Hills Drive.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cable along Green
Valley Circle and Fox Hills Drive to provide commercial fiber service to Westfield
Culver City.
The proposed underground fiber optic cable will tie-in to an existing pull box that is
located along the sidewalk at the north side of Green Valley Circle, east of Fox Hills
Drive. The proposed route of the cable line will continue in a westerly direction
along Green Valley Circle for approximately 95 feet. It will then continue in a
northerly direction along Fox Hills Drive for approximately 378 feet. The proposed
fiber optic will cross Fox Hills Drive and terminate at a new pull box at the Westfield
Culver City property line. A new 17” x 30” pull box is proposed as part of the
installation along Fox Hills Drive and will be located approximately 140 feet north
Green Valley Circle Fox Hills Drive.
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 City of Culver City, California
Agenda Item Report
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.
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. 2011-R027, the City’s
Fee Resolution for Fiscal Year 2011/2012, a fee in the amount of $3,850 was paid
by the HT Engineering, Inc., Time Warner’s consulting engineer, on June 14, 2012.
ATTACHMENTS:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable;
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.
MEETING DATE: 07/02112
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Rights-of-Way on
Fox Hills Drive and Green Valley Circle
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 at two separate locations;
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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NOW, THEREFORE, the City Council of the City of Culver City, California,
2 DOES HEREBY RESOLVE, as follows:
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I. The encroachment permit application submitted by Time Warner Cable
4 for Project No. LA54091A-03 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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14 ATTEST:
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ANDREW WEISSMAN , MAYOR
City of Culver City, California
APPROVED AS TO FORM:
MARTIN COLE, City Clerk
Al 2-00480
2#28
-2- )3F 0
PROPOSED 2'X3')(24"
PULL BOX *
45 PROPOSED NEW UG
PLACE 4' TWC CONDUIT
367' PROPOSED NEW UG
PLACE 4- TVVC CONDUIT
15' W/O P/L
PROPOSED 2'X3X24"
PULL BOX
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13' PROPOSED NEW UG
95' PROPOSED NEW UG
PLACE 4" TVVC CONDUIT
12' S/0 N PIL
11' PROPOSED NEW UG
PLACE 4" TWC CONDUIT
L.
BILL OF MATERIAL
NO. MATERIAL QUANTITY FOOTAGE
1. 4" SCH-40 CONDUIT 1 531'
2. 2,(3' PULL BOX 2 .
NO. TYPE OF PLACEMENT FOOTAGE
1. STREET LINEAR TRENCH 528'
SCALE 1"=150'
PROPOSED U.G. —
PROPOSED PULL BOX
APPLICANT: TIME WARNER CABLE
ADDRESS : 6357 ARIZONA C1R LA CA
50045
-FINIE WARNER
6357 Arizona Circle Li2.-2- Angeles. CA A0045
M-216-424
OWNER/APPLICANT
CONSULTANT ENGINEER
INFORMATION
140VIK TRTRIAN
323-854-5714
BVEZERE ;MB
PROJECT NO: LA54091A-03
PLAN NO- 6721-16_01
PROJECT NAME: WESTFIELD MALL
LOCATION: FOX HILLS DR N/O GREEN VALLEY CIR
PROJECT DESCRIPTION: PLACING 4" TI/VC
UNDERGROUND CONDUIT FROM
EXISTING PULL BOX TO P/L
PLACE TWO 24"X36" PULL BOX IN PKWY AREA
SYSTEM EXHIBIT