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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 Bristol Parkway.
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City of Culver City, California
Agenda Item Report
Meeting Date: 08/12/2013 Item Number: C-3
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 Bristol Parkway
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 (08/06/13)
Department Approval:
Charles D. Herbertson (07/29/13)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (08/05/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (08/06/13)
City Manager Approval:
John M. Nachbar (08/06/13)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner Cable (Time Warner) for a proposed
fiber optic telecommunication cable along Bristol Parkway.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install a fiber optic telecommunication cable
underground along the sidewalk on the east side of Bristol Parkway, via open
trenching to provide commercial fiber service to 5800 Hannum Avenue.
The proposed fiber optic cable will tie-in to an existing fiber optic cable at an existing
Time Warner vault located on the sidewalk, on the east side of Bristol Parkway,
approximately 310 feet south of Hannum Avenue centerline. The new conduit
installation will run north along the sidewalk, on the east side of Bristol Parkway,
approximately 16 feet and terminate into 5800 Hannum Avenue.
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-
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. City of Culver City, California
Agenda Item Report
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 2013/2014, a fee in the amount of $3,927 was paid
by
Inland Engineering Services, Time Warner’s Consulting Engineer, on July 25, 2013.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment 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.