City of Culver City, California
Agenda Item Report
Meeting Date: 05/13/2013 Item Number: C-5
CITY COUNCIL AGENDA ITEM: Adoption of a Resolution Approving an
Encroachment Agreement with Time Warner Cable for a Proposed Fiber Optic
Telecommunication Cable Installation on the Public Right-of-Way of Jefferson
Boulevard, Approximately 300 Feet South of Raintree 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 (05/07/13) and Culver
City News (05/09/13)
Department Approval:
Charles D. Herbertson (05/02/13)
City Attorney Approval:
Carol Schwab (by H. Baker) (05/07/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/07/13)
City Manager Approval:
John M. Nachbar (05/07/13)
RECOMMENDATION:
Staff recommends the City Council adopt a resolution approving an Encroachment
Agreement with Time Warner Cable (Time Warner) for a proposed fiber optic
telecommunication cable installation along Jefferson Boulevard to service 10321
Jefferson Boulevard.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install a fiber optic telecommunication cable
underground along Jefferson Boulevard, via directional boring and open trenching to
provide commercial fiber service to 10301 Jefferson Boulevard.
The proposed fiber optic cable will tie-in to an existing fiber optic cable at an existing
Time Warner owned vault located on the east side of Jefferson Boulevard
approximately 300 feet south of Raintree Circle. The new conduit installation will run
across Jefferson Boulevard to the west side of the street approximately 90 feet and
terminate in a new vault located in the sidewalk in front of 10321 Jefferson
Boulevard.
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- 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 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 11.20.025.B 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 $3,927 was paid
by the Inland Engineering Services, Time Warner’s Consulting Engineer, on May 1,
2013.
ATTACHMENTS:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable for a new fiber optic telecommunication line on Jefferson
Boulevard, approximately 300 feet south of Raintree Circle; and,
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: 05/13/13
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Rights-of-Way on
Jefferson Boulevard
ATTACHMENTS
Pages
1 Resolution, Proposed
1-2
2 System Exhibit
3 1
RESOLUTION NO. 2013-R
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CULVER CITY, CALIFORNIA, APPROVING AN
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ENCROACHMENT AGREEMENT WITH TIME WARNER
CABLE.
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WHEREAS, Time Warner Cable is the holder of a state video franchise,
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issued pursuant to the Digital Infrastructure and Video Competition Act of 2006, authorizing
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8 it to provide cable video services in Culver City;
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WHEREAS, Time Warner Cable's state video franchise also authorizes it to
10 install conduit, fiber optic cables and related telecommunication facilities within municipal
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rights-of-way;
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WHEREAS, Time Warner Cable has applied for a permit to encroach upon
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Culver City's public rights-of-way in order to install conduit, fiber optic cables and related
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15 telecommunication facilities;
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WHEREAS, this application is outlined in the Rights-of-Way Users
17 Questionnaire executed on behalf of Time Warner Cable on March 27, 2013;
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WHEREAS, the City of Culver City is authorized to regulate the time, place
19 and manner of the placement of telecommunication or video facilities in its public rights-of-
20
way;
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WHEREAS, the City of Culver City regulates the time, place and manner of
23 the placement of telecommunication or video facilities in its public rights-of-way through the
24 issuance of encroachment permits and encroachment agreements;
25
WHEREAS, Section 11.20_025(D) of the Culver City Municipal Code provides
26 that issuance of encroachment permits is subject to approval by the Culver City City
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Council.
28 1
NOW, THEREFORE, the City Council of the City of Culver City, California,
2 DOES HEREBY RESOLVE, as follows:
3
1. The encroachment permit application submitted by Time Warner Cable
4 for its project at 10301 Jefferson Boulevard is hereby approved.
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2. The City Manager is authorized to execute the related encroachment
6
agreement on behalf of the City of Culver City.
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14 ATTEST:
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17 MARTIN COLE, City Clerk
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A13-00204
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- JEFFREY COOPER, MAYOR
City of Culver City, California
APPROVED AS TO FORM:
L' tittjt
e
h CAROL A. SCHWAB,
City Attorney
APPROVED and ADOPTED this day of
2013.
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