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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 Slauson Avenue.
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City of Culver City, California
Agenda Item Report
Meeting Date: 10/28/2013 Item Number: C-9
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 Slauson Avenue
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 (10/22/13)
Department Approval:
Charles D. Herbertson (10/16/13)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (10/22/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/22/13)
City Manager Approval:
John M. Nachbar (10/22/13)
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 Slauson Avenue, 700 feet east of Bristol
Parkway.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cables via
directional boring and open trenching to provide commercial fiber service to 600
Corporate Pointe.
The proposed fiber optic cable will tie-in to an existing fiber optic cable located on
the north side of Slauson Avenue approximately 700 feet east of the centerline of
Bristol Parkway. The new conduit installation will run south across Slauson Avenue
for approximately 100 feet and terminate at 600 Corporate Pointe.
Legal Framework
Time Warner is a 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 collects an
application fee for City staff time expended in reviewing telecommunication
applications and attending the City Council meeting for this item. 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 September 26, 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 line on Slauson Avenue, 700 feet
east of Bristol Parkway; 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.