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Home My WebLink About09-City Administrator ~'~"'CF-" -~ -T--- --,,- _""_'''''~_'Fn ,,,,,,- ORlGlNAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lori Sassoon, Assistant City Administrator Subject: Resolution granting an extension of the cable franchises with Adelphia Communications, Charter Communications, and Mountain Shadows Cable Dept: City Administrator's Office Date: June 28, 2005 MICC Meeting Date: July 18, 2005 Synopsis of Previous Council Action: January 2004 - Franchises extended until July 8,2004 by Resolution No. 2004-18 August 2, 2004 - Franchises extended until January 29, 2005 by Resolution No. 2004-249 January 24, 2005 - Franchises extended until July 28, 2005 by Resolution No. 2005-14 Recommended Motion: Adopt resolution. ~ Signature Contact person: Lori Sasso on Phone: 5122 Supporting data attached: staff report Ward: all FUNDING REQUIREMENTS: Amount: none Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ~~. ~ MS ~ ~ 31:, Agenda Item No. ~ 7/1t/bS ~"fr"''''''C~~'~~~ ~ ~~ H ~~~ 'S''''~ c_~'-'~'~"~"c'''~~''.'"'r='~s' m,"s~" ~"",~"'H"" '-T'n~ . ~~S~"~'H,~~~~.L~"._~,S'" W-~~-''''..~~. """~"',' ~'~ STAFF REPORT SUBJECT Resolution of the Mayor and Common Council of the City of San Bernardino granting an extension of the cable franchises with Adelphia Communications, Charter Communications, and Mountain Shadows Cable BACKGROUND The City's cable television franchises were originally written in 1967 and 1984. Since that time, the existing franchises have changed hands from one cable operator to the other. The franchises had not be revisited since 1984 until franchise negoti,ations began in early 2003. In January 2004, Mayor and Council adopted Resolution 2004-18. That resolution extended the current franchise agreements with the cable companies for 180 days from the date the resolution was adopted. That new expiration date was July 8, 2004. On August 2, 2004, the Mayor and Council adopted Resolution 2004-249, extending the franchises again until January 29, 2005. On January 24, 2005, the Mayor and Council adopted Resolution 2005-14, extending the franchises again until July 28,2005. Franchise negotiations have not yet been completed, although progress has been made during the last few months. The first step, an update to the City's cable television ordinance, is currently being discussed with the cable companies. This ordinance is important, because it provides the framework for the new franchise. It is anticipated that the revised ordinance will be presented to the Mayor and Council along with the new franchise agreements by the end of the calendar year, if the parties can come to agreement and move forward quickly. In the meantime, since franchise negotiations are not yet completed, the current franchises must be extended for an additional 90 days. The proposed resolution will also allow the Mayor to extend the franchises by another 90 days if necessary. The Mayor and Council should also be aware that the City has received a series of formal requests that will lead to transfer Adelphia's cable franchises to Time Warner. Federal law requires that that process be completed by the City within 120 days of the date of the request, which was June 10. Staff and a consultant are currently evaluating the submittal, and will make a recommendation to the Council concerning the transfer in late summer or early fall. However, the transfer process will not be completed prior to the expiration of the current franchise, so the extension is still necessary. FINANCIAL IMPACT None by this action. RECOMMENDATION Adopt resolution. , 01 2 11 12 0 13 14 15 25 o ~Tr~""" '" ."" -- -,-~. - ..., ~,.~~......,~.. '. 3 RESOLUTION NO. COpy RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN MOUNTAIN SHADOWS CABLE. 4 5 6 7 WHEREAS, Adelphia Communications, Charter Communications, and Mountai 8 Shadows Cable (hereinafter "the Cable Companies") are duly authorized to operate cabl 9 television systems in the City of San Bernardino pursuant to Franchise Agreements granted b 10 the City of San Bernardino. WHEREAS, the Cable Companies have requested that the Franchises they hold t provide cable television service in the City of San Bernardino be renewed; and WHEREAS, the Franchise rights granted under the respective Franchise Agreement expired on December 31, 2003; and they were renewed by Resolution No. 2004-18 on Janu 16 20,2004; by Resolution No. 2004-249 on August 2, 2004; and by Resolution No. 2005-140 17 January 24, 2005; and 18 WHEREAS, the City and the Cable Companies are currently in the Franchise renew 19 process; and 20 WHEREAS, an extension of an existing franchise while negotiating a new Franchise i 21 not uncommon among California municipalities; and 22 WHEREAS, the City is willing to grant an additional extension of the current Franchise 23 for ninety days while it considers the renewal request, if the Cable Companies agree to abide b 24 the terms and conditions of the existing Franchises during any such extension, /II -1- No.9 7!1f()! oS __~'_"c~.'="~ _, ~ 01 2 013 14 25 / / / o ,.~ ".,., " -~ ''^.~~,=_..~'" ' ~.>-~.~,.,"-" -~ .. "..' 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN MOUNTAIN SHADOWS CABLE. 5 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 6 SECTION 1. The Franchise rights granted to Adelphia Communications 7 8 Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Charte 9 Communications under the Franchise Agreement dated November 12, 1961 under the authorit 10 of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement date 11 October 25, 1983 under the authority of Ordinance MC 319, as extended by Resolution 2004-1 12 are hereby extended ninety (90) days from the date of this Resolution under the existing term and conditions, subject to the conditions below. SECTION 2. Under the extension granted herein, the Cable Companies shall b 15 obligated to perform and comply with all terms, conditions, requirements, and limitation 16 contained in their Franchise Agreements. 17 SECTION 3. The Mayor is hereby delegated the authority to extend the Franchis 18 Agreements for up to and including an additional ninety (90) days. In no case shall th 19 20 Agreements be extended for more than one-hundred and eighty (180) days from the date of thi Resolution. 21 22 SECTION 4. This Resolution shall take effect upon its adoption. 23 24 / / / -2- 6 held on the day of 7 COUNCIL MEMBERS: AYES 8 ESTRADA 9 10 LONGVILLE 11 MCGINNIS 12 DERRY 0 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 17 ~~J.:'t~::rr,fi~"':"'::'~= 01 2 25 o """'?d.,,,,,,"'""r'~~~"'~'~""""l.']'" ..,~'~'. ",,""'''O..~,.,~. 'co' ". .""~.,,,-, ,- ~"", 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN MOUNTAIN SHADOWS CABLE. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an 5 meeting thereof. Common Council of the City of San Bernardino at a , 2005 by the following vote, to wit: NAYS ABSTAIN ABSENT CITY CLERK 18 The foregoing Resolution is hereby approved this _ day of ,2005 19 20 JUDITH V ALLES, Mayor City of San Bernardino 21 Approved as to form and legal content: 22 23 .'J /~ ! C-vl..~ ES F. PENMAN Attorney 24 -3- ,.~..- ~~,,,,,*,, ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** . .. RESOLUTION AGENDA ITEM TRACKING FORM Mooting Dare (Dare Tl' 1, ,<</ O~;lem # Vote: Ayes Nays Change to motion to amend original documents D q Resolution # ~f)O:> ~ ~3 b Abstain Companion Resolutions Absent Null/Void After: days / Resolution # On Attachments: D Note on Resolution of attachment stored separately: D PUBLISH D POST D RECORD W/COUNTY D By: ..' ~~ ~ Reso. Log Updated: ~ Seal Impressed: Er Date Memo/Letter Sent for Signature: 151 Reminder Letter Sent: Date Returned: 2nd Reminder Letter Sent: Not Returned: D I Request for Council Action & StatTReport Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes / No By_ -r- No By_ NoL By_ No /BY_ No By_ Yes Yes Yes Yes