title
CC - Adoption of a Resolution Approving an Encroachment Agreement with Time Warner Cable for Fiber Optic Telecommunication Cable in the Public Right-of-Way Adjacent to 3828 Delmas Terrace
body
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: Yes [X] No []
Commission Action Required: Yes [] No [X] Date: Commission Name:
Public Notification: (E-Mail) Meetings and Agendas - City Council (11/05/15)
Department Approval: Charles D. Herbertson, Public Works Director/City Engineer (10/30/2015)
______________________________________________________________________
RECOMMENDATION
Staff recommends the City Council adopt a resolution approving an Encroachment Agreement with Time Warner for 169 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 3828 Delmas Terrace.
BACKGROUND / DISCUSSION
Time Warner is proposing to install a new fiber optic pathway for their private customer at 3828 Delmas Terrace.
The work involves installing 5 feet of conduit from the customer’s property line to a proposed vault within the sidewalk, extending 2 feet eastward beyond the vault, and turning north towards Venice Boulevard for 162 feet to the City boundary line. The conduit will continue beyond the boundary line into City of Los Angeles’ right-of-way. Except for the proposed conduit under existing concrete sidewalk, all other work will be underground and installed by directional boring. 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 statewide video franchise holders 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, be adequately insured, 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, a fee in the amount of $3,927 was paid by
Time Warner on October 29, 2015.
ATTACHMENTS
1. Proposed Resolution
2. System Exhibits
RECOMMENDED MOTIONS
That the City Council:
1. Adopt a resolution approving an Encroachment Agreement with
Time Warner for 169 linear feet of proposed fiber optic telecommunication cable in the public right-of-way adjacent to 3828 Delmas Terrace; and,
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.