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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 Slauson Avenue, Jefferson Boulevard, and Selmaraine Drive.
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City of Culver City, California
Agenda Item Report
Meeting Date: 02/25/2013 Item Number: C-4
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 Slauson Avenue, Jefferson Boulevard, and Selmaraine Drive
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 (02/19/13) and Culver
City News (02/21/13)
Department Approval:
Charles D. Herbertson (02/13/13)
City Attorney Approval:
Carol Schwab (by R. Miranda) (02/19/13)
Chief Financial Officer Approval:
Jeff Muir (02/19/13)
City Manager Approval:
John M. Nachbar (02/19/13)
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 Slauson Avenue, Jefferson Boulevard,
and Selmaraine Drive.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install a fiber optic telecommunication cable
underground along Slauson Avenue, Jefferson Boulevard, and Selmaraine Drive via
directional boring and open trenching to provide commercial fiber service to Culver
City businesses.
The proposed fiber optic cable will tie-in to an existing fiber optic cable at the existing
utility pole located at the west side of Slauson Avenue just north of Jefferson
Boulevard. The new conduit installation will run in an easterly direction along the
south side of Slauson Avenue approximately 185 feet towards Jefferson Boulevard.
The proposed fiber optic cable will turn southeasterly across Jefferson Boulevard for
approximately 126 feet towards Selmaraine Drive. The line will then continue in a
southeasterly direction along the east side of Selmaraine Drive for approximately
102 feet and terminate in a new vault located on the sidewalk.
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 City of Culver City, California
Agenda Item Report
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
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
HT Communications, Time Warner’s Consulting Engineer, on February 7, 2013.
ATTACHMENT:
• Proposed Resolution
• System Exhibit
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable;
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.
MEETING DATE: 02/25/13
AGENDA ITEM:
Adoption of a Resolution Approving an Encroachment Agreement
with Time Warner Cable for Use of the Public Rights-of-Way on
Slauson Avenue, Jefferson Boulevard, and Selmaraine Drive
ATTACHMENTS
Pages
Resolution, Proposed
1-2
2 System Exhibit
3 1 2 3