title
CC - Adoption of a Resolution Approving an Encroachment Agreement with Time Warner for Use of the Public Right-of-Way along Smiley Drive, Fairfax Avenue and Blackwelder Street
body
Meeting Date: January 9, 2017
Contact Person/Dept: Sammy Romo/Public Works
Phone Number: 310-253-5619
Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [] Attachments: [X]
Commission Action Required: Yes [] No [X]
Public Notification: (E-Mail) Meetings and Agendas - City Council (01/04/17);
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (12/27/16)
_____________________________________________________________________
RECOMMENDATION
Staff recommends the City Council adopt a Resolution approving an encroachment agreement with Time Warner for use of Culver City public right-of-way to install fiber optic cable along Smiley Drive, Fairfax Avenue and Blackwelder Street.
BACKGROUND/DISCUSSION
Time Warner is proposing to install a new fiber optic pathway for their private customer at 5901 Blackwelder Street.
The work involves attaching additional fiber optic cable to existing fiber optic cables. The route will start near the intersection of La Cienega Boulevard and Blackwelder Street where it will travel 45 feet north along La Cienega Boulevard. From there it will travel east for 138 feet across La Cienega Boulevard, then north for 204 feet on Fairfax Avenue, then turn westerly onto Smiley Drive for 95 feet, then continue west on Smiley Drive for 585 feet where it will access the rear side of the building whose address is 5901 Blackwelder Street. All of the proposed work will be aerial as the new fiber optic cable will physically tie (overlash) onto existing fiber optic cable on existing utility poles.
The total distance of the new installation in the public right-of-way is 1,067 linear feet. There are no new utility poles proposed along the route.
Legal Framework
Time Warner is the holder of a statewide video franchise issued by the California Public Utilities Commission. This franchise authorizes Time Warner 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 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 Resolution Fee for Fiscal Year 2016-17 in the amount of $3,927 was paid by Time Warner on December 22, 2016.
ATTACHMENTS
1. System Exhibit
2. Proposed Resolution
MOTION
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner for 1,067 linear feet of proposed fiber optic telecommunication cable in the public right-of-way along Smiley Drive, Fairfax Avenue and Blackwelder Street;
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