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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 Centinela Avenue and Arizona Avenue.
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City of Culver City, California
Agenda Item Report
Meeting Date: 05/27/2014 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 Centinela Avenue and Arizona 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 (05/21/14)
Department Approval:
Charles D. Herbertson (05/14/14)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (05/20/14)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (05/21/14)
City Manager Approval:
John M. Nachbar (05/21/14)
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 Centinela Avenue and Arizona Avenue.
BACKGROUND/DISCUSSION:
Time Warner is proposing to install a fiber optic telecommunication cable via
directional boring and open trenching to provide commercial fiber service to 6101
Centinela Avenue.
The proposed fiber optic cable will tie-in to an existing fiber optic cable at an existing
underground utility vault located on the sidewalk at the southeast corner of Arizona
Avenue and Centinela Avenue. The new conduit installation will run underground via
directional boring and open trenching across Centinela Avenue in a northerly
direction for approximately 140 feet. The new conduit will then terminate into a new
underground vault on the sidewalk on the north side of Centinela Avenue at 6101
Centinela 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- 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.
Should the City Council approve this item, 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 on behalf of Time Warner Cable on May 12, 2014.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable for a proposed fiber optic telecommunication cable along
Centinela Avenue and Arizona Avenue; 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.