City of Culver City, California
Agenda Item Report
Meeting Date: 10/08/2012 Item Number: C-6
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 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 (10/04/12); Culver City
News on (10/04/12)
Department Approval:
Charles D. Herbertson (09/27/12)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (10/04/12)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (10/04/12)
City Manager Approval:
John M. Nachbar (10/04/12)
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 Green Valley Circle.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install a fiber optic telecommunication cable across
Green Valley Circle via directional boring and open trenching to provide commercial
fiber service to 5839 Green Valley Circle.
The proposed fiber optic cable will tie-in to an existing vault located at the south side
of Green Valley Circle approximately 908 feet east of Bristol Parkway. The
proposed cable will be installed by trenching in an easterly direction along Green
Valley Circle for approximately 42 feet. The cable will then turn northerly across
Green Valley Circle via underground directional boring for approximately 63 feet to a
new vault and then continue for another 8 feet to the private property at 5839 Green
Valley Circle.
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 City of Culver City, California
Agenda Item Report
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. 2012-R035, the City’s
Fee Resolution for Fiscal Year 2012/2013, a fee in the amount of $3,927 was paid
by Cable Engineering Services, Time Warner’s Consulting Engineer, on September
19, 2012.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable for Use of the Public Rights-of-Way on 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.
MEETING DATE: 10/08/12
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Rights-of-Way on
Green Valley Circle
ATTACH M E NTS
Pages
1 Resolution, Proposed
1-2
2 System Exhibit
3 RESOLUTION NO. 2012-R
I
2
A RESOLUTION OF THE CITY COUNCIL OF THE my 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, the City of Culver City is authorized to regulate the time, place
17 and manner of the placement of telecommunication or video facilities in its public rights-of-
18 way;
WHEREAS, the City of Culver City regulates the time, place and manner of
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the placement of telecommunication or video facilities in its public rights-of-way through the
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22 issuance of encroachment permits and encroachment agreements;
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WHEREAS, Section 11.20.025(D) of the Culver City Municipal Code provides
24 that issuance of encroachment permits is subject to approval by the Culver City City
rsC
Council_
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11111
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11111
28 NOW, THEREFORE, the City Council of the City of Culver City, California,
DOES HEREBY RESOLVE, as follows:
1. The encroachment permit application submitted by Time Warner Cable
for its Project No. 15001138, at 5839 Green Valley Circle, is hereby approved.
2. The City Manager is authorized to execute the related encroachment
agreement on behalf of the City of Culver City.
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:
(JO (Ati\ |1010|y4fr, CAROL A. SCHWAB,
City Attorney
MARTIN COLE, City Clerk
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2 STREET LINEAR BORE 88'
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PROJECT NAME: 5839 GREEN VALLEY CIR, CULVER CITY, CA 90230
LOCATION: G REEN VALLEY CIR. BO BF2 .ISTOL PKWY.
PROJECT DESCRIPTIONS: PLACING .' a4 . UNDERGROUND CONDUIT FROM EXISTING CATV
VAULT TO PROPOSED 2 X3' VAULT. 8' UNDERGROUND CONDUIT
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