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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 on Green Valley Circle Near Fox Hills Drive.
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Meeting Date: April 11, 2017
Contact Person/Dept: Sammy Romo/PW
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 (04/04/17); (E-Mail) Time Warner (04/04/17)
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (03/29/17)
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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 on Green Valley Circle near Fox Hills Drive for their client at 6251 Bristol Parkway.
BACKGROUND/DISCUSSION
Time Warner Cable is proposing to install a new fiber optic pathway for their private customer at 6251 Bristol Parkway.
The work involves installing new underground conduit and fiber optic line. The route begins at Green Valley Circle, 109 feet east of Fox Hills Drive. The conduit will run 6 feet north, then west along Green Valley Circle for 175 feet, then south for 4 feet into a proposed new vault, then south for 8 more feet into the private property at 6251 Bristol Parkway.
The total distance of the new installation in the public right-of-way is 193 linear feet. There are no new utility poles proposed along the route. All work will be underground and placed via directional boring.
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 Fee Resolution for Fiscal Year 2016-17, a fee in the amount of $3,927 was paid by Time Warner.
ATTACHMENTS
1. System Exhibit
2. Proposed Resolution
MOTION
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner for 193 linear feet of proposed fiber optic telecommunication cable in the public right-of-way along Green Valley Circle near Fox Hills Drive;
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