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CC - Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Use of the Public Right-of-Way to Install 517 Feet of Fiber Optic Cable Along the West Side of Jefferson Boulevard Between Leahy Street and Duquesne Avenue and Running Northwards to 9905 Jefferson Boulevard.
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Meeting Date: September 11, 2018
Contact Person/Dept: Christopher Evans/PW
Phone Number: 310.253.5621
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) Meetings and Agendas - City Council (09/04/18); (E-Mail) Time Warner Cable (07/23/18)
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer 8/30/18
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RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an encroachment agreement with Time Warner Cable (TWC) for use of the public right-of-way to install 517 feet of fiber optic cable along the west side of Jefferson Boulevard between Leahy Street and Duquesne Avenue and running northwards to 9905 Jefferson Boulevard.
BACKGROUND/DISCUSSION
TWC is proposing to install fiber optic cable on an existing aerial pathway for their private customer at 9905 Jefferson Boulevard.
The work involves pulling fiber optic cable from an existing utility pole at 9999 Jefferson Boulevard 517 feet north along the west side of Jefferson Boulevard and terminating at the private property at 9905 Jefferson Boulevard.
The total distance of the new installation in the public right-of-way is 517 linear feet. There are no new utility poles proposed along the route. Fiber optic cable will be installed between existing utility poles.
Legal Framework
TWC is the holder of a statewide video franchise issued by the California Public Utilities Commission. This franchise authorizes TWC to access cities’ rights-of-way for the purpose of constructing and maintaining telecommunication lines along and upon cities’ public rights-of-way. The related federal and state laws require that municipalities allow the installation of telecommunication facilities by holders of statewide video franchises 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 TWC. To protect the City’s interests, this agreement will contain provisions requiring that TWC repair any damage to City property, carry adequate liability insurance and defend the City if it is sued for damages caused by TWC.
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 the City’s Fee Resolution No. 2013-R034, a fee in the amount of $3,927 was paid by TWC.
ATTACHMENTS
1. 2018-09-11 - ATT System Exhibit
2. 2018-09-11 - ATT Proposed Resolution
MOTION
That the City Council:
1. Adopt a resolution approving an encroachment agreement with Time Warner Cable for use of the public right-of-way to install 517 feet of fiber optic cable along the west side of Jefferson Boulevard between Leahy Street and Duquesne Avenue and running northwards to 9905 Jefferson Boulevard.;
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