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Home My WebLink About09-City Administrator , , OR1G1NAL 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: December 21, 2005 MICC Meeting Date: January 9, 2006 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 July 18, 2005 - Franchises extended until January 13, 2005 by Resolution No. 2005-236 Recommended Motion: Adopt resolution. ~ Signature Contact person: Lori Sassoon Phone: 5122 Supporting data attached: staff report Ward: all FUNDING REQUIREMENTS: Amount: none Source: (Acct. No.) (Acct. Description) Finance: Council Notes: ~, (). ()()b - { Agenda Item No. J tr/11t, q' 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 been revisited since 1984 until franchise negotiations 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. On July 18, 2005, the Mayor and Council adopted Resolution 2005-236, extending the franchises again until January 13,2006. 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 a separate item on the same agenda, the Mayor and Council will be asked to approve a transfer Adelphia's cable franchises to Time Warner. Both the extension of the current franchise and the this transfer item are necessary. FINANCIAL IMPACT None by this action. RECOMMENDA nON Adopt resolution. .. 2 3 RESOLUTION NO. 4 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 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. II WHEREAS, the Cable Companies have requested that the Franchises they hold t 12 provide cable television service in the City of San Bernardino be renewed; and 13 WHEREAS, the Franchise rights granted under the respective Franchise Agreement 14 expired on December 31. 2003; and they were renewed by Resolution No. 2004-18 on Januar 15 20, 2004; by Resolution No. 2004-249 on August 2, 2004; by Resolution No. 2005-14 0 16 17 January 24. 2005; and by Resolution No. 2005-236 on July 18,2005; and 18 WHEREAS, the City and the Cable Companies are currently in the Franchise renewal 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, 25 /1/ ,. f :1' 1\' L." -1- I (I I \ . / i . / ! (I ., / / I / l \.l I II RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0 SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE :2 WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN MOUNTAIN SHADOWS CABLE. 3 4 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO 5 COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 6 SECTION 1. The Franchise rights granted to Adelphia Communications 7 Franchise Agreement dated May 12, 1980 under the authority of Ordinance No. 3934, to Charte 8 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 1\ October 25,1983 under the authority of Ordinance MC 319, as extended by Resolution 2004-18 12 are hereby extended ninety (90) days from the date of this Resolution under the existing term 13 I and conditions, subject to the conditions below. 14 I 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. 1n no case shall th 19 Agreements be extended for more than one-hundred and eighty (180) days from the date of thi :20 Resolution. :21 2:2 SECTION 4. This Resolution shall take effect upon its adoption. 7' -~ 24 / / / 25 / / / -2- 2 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. 3 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 6 held on the day of 7 COUNCIL MEMBERS: AYES 8 ESTRADA 9 10 LONGVILLE II MCGINNIS 12 DERRY 13 KELLEY 14 JOHNSON 15 MCCAMMACK 16 , 2005 by the following vote, to wit: ABSTAIN ABSENT NAYS 17 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 " -~ 25 '/ ~ ,') r/t,..v~-,,-- 24 -3- .. . ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date A:0d): ~ Item # Vote: Ayes Nays Change to motion to amend original documents 0 q ;}OD0 ../ Absent f 7 Abstain Resolution # Companion Resolutions Null/Void After: days / Resolution # On Attachments: 0 PUBLISH 0 POST 0 RECORD W/COUNTY 0 Note on Resolution of attachment stored separately: 0 Date Sent to Mayor: --1.J 0 / 0 " Dat~ of Mayor's Signature: ~ It) ,0 (., Date ofClerk/CDC Signature: --1/ 11"010 Date Memo/Letter Sent for Signature: 1 'I Reminder Letter Sent: Date Returned: 2"d Reminder Letter Sent: Not Returned: 0 Request for Council Action & Staff Report 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): Copies Distributed to: Animal Control ~ o EDA ~ Facilities DO ~ ./ Finance ~ Code Compliance 0 Fire Department 0 Development Services ~ J Auman Resources // 0 Others: ~~..~.;/:I .r;/J:,ovJ' /J1~~ ~~~~ City Administrator City Attorney Notes: By: Reso. Log Updated: ~ Seal Impressed: ~ ~ Reso. # on Staff Report B Yes / No By No /BY= No_ ~BY_ No ~y No By_ Yes Yes Yes Yes Information Services 0 Parks & Recreation 0 Police Department 0 Public Services 0 Water Department 0 / Ready to File: I Date (/ \"7' 0 ( Revised 12/18/03