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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 and Buckingham Parkway.
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City of Culver City, California
Agenda Item Report
Meeting Date: 09/23/2013 Item Number: C-6
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 and Buckingham Parkway.
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 (09/17/13)
Department Approval:
Charles D. Herbertson (09/11/13)
City Attorney Approval:
Carol A. Schwab (by R. Miranda) (09/16/13)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (09/17/13)
City Manager Approval:
John M. Nachbar (09/17/13)
RECOMMENDATION:
Staff recommends that the City Council adopt a resolution approving an
Encroachment Agreement with Time Warner Cable (Time Warner) for proposed fiber
optic telecommunication cables along Buckingham Parkway and Slauson Avenue.
BACKGROUND/ DISCUSSION:
Time Warner is proposing to install fiber optic telecommunication cables to provide
commercial fiber service to 5701 Slauson Avenue and 5601 Slauson Avenue.
5701 Slauson Avenue
The proposed fiber optic cable will tie-in to an existing fiber optic cable located on
the east side of Buckingham Parkway approximately 320 feet north of the Slauson
Avenue centerline. The new fiber optic cable will cross Buckingham Parkway for
approximately 65 feet to private property at 5701 Slauson Avenue. A second tie-in
is also being proposed, for future local service, on the east side of Buckingham
Parkway approximately 180 feet north of the Slauson Avenue centerline. Two (2)
24” x 36” vaults are proposed for this project and will be located on the sidewalk on
the eastside of Buckingham Parkway.
5601 Slauson Avenue
The proposed fiber optic cable will tie-in to an existing fiber optic cable located on
the sidewalk on the north side of Slauson Avenue approximately 445 feet east of
Buckingham Parkway. The proposed fiber optic cable will then run west for 12 feet
before turning north approximately 3 feet to private property at 5601 Slauson City of Culver City, California
Agenda Item Report
Avenue. This work also involves replacing an existing vault and upgrading it with an
above ground pedestal at the same location.
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-
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. 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, Time Warner’s Consulting Engineer, on September
12, 2013.
ATTACHMENT:
• Proposed Resolution
• System Exhibits
MOTIONS:
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner Cable; 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.