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ORJGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lori Sassoon, Acting Cable
Television Manager
Subject: Resolution granting an
extension of the cable franchises with
Adelphia Communications, Charter
Communications, and Mountain
Shadows Cable
Dept: CATV
Date: December 22, 2004
MICC Meeting Date: January 24, 2005
Synopsis of Previous Council Action:
January 20,2004 - Resolution 2004-18 is adopted, extending franchise rights for 180
days from the date the resolution was adopted
August 2, 2004 - Resolution 2004-249 is adopted, extending franchise rights for 180
days from the date the resolution was adopted
Recommended Motion:
Adopt resolution.
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Signature
Contact person: I nri ~::I!':!':nnn
Phone:
5122
Supporting data attached:
staff report
Ward:
all
FUNDING REQUIREMENTS:
Amount: none
Source: (Accl. No.)
(Ar.r.t np!':r.rirtinn)
Finance:
l:CiI Notes:
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Agenda Item No. ~
J J~'110(
ST AFF 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.
Franchise negotiations have not yet been completed. The process has been on hold
pending an update to the City's cable television ordinance, which needs to be modified to
reflect current federal regulations. A draft of this ordinance is under development by the
City Attorney's Office. Once that draft is completed, it can be discussed with the cable
companies in conjunction with the franchise negotiations. It is then anticipated that the
revised ordinance will be presented to the Mayor and Council along with the new
franchise agreements.
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.
It is anticipated that both the ordinance update and new franchises will be completed
within the next several months.
FINANCIAL IMPACT
None by this action
RECOMMENDA nON
Adopt resolution.
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(CO)rPY
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RESOLCTlON :\0.
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RESOLl'TION OF THE MAYOR A:\D CO.\Il\ION COUNCII~ OF THE CITY 0
SA:\" BER.l\IARDlNO GRA:\"T1NG A:\I EXTENSION OF THE CABLE FR<\NCHlSE
WITH ADELPHIA CO.\IMUNICATlONS, CHARTER COMMUNICATIONS, AN
I\IOUNTAIN SHADOWS CABLE.
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WHEREAS. Adelphia Communications. Charter Communications. and Mountai
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s j Shadows Cable (hereinafter "the Cable Companies") are duly authorized to operate cabl
9 telcyision systems in the City of San Bemardino pursuant to franchise Agreements granted bJ
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10 I the City of San Bernardino.
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WHEREAS. the Cable Companies haye requested that the Franchises they
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proyide cable teleyision seryice in the City of San Bemardino be renewed; and
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WHEREAS, the Franchise rights granted under the respectiyc Franchise Agreement
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expired on December 31,2003; and they were renewed by Resolution 0.'0.2004-18 on Januar,
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i 20. 2004; and they were again renewed by Resolution ?\o. 2004-249 on August 2, 2004; and
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WHEREAS, the City and the Cable Companies are currently in the Franchise renewa.
. process; and
IS
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WHEREAS, an extension of an existing franchise while negotiating a new Franchise i
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not uncommon among California municipalities; and
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WHEREAS, the City is willing to grant an additional extension of the current Franchise
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for ninety days while it considers the renewal request, if the Cable Companies agree to abide b,
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the ternlS and conditions of the existing Franchises during any such extension.
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NOW, THEREFORE, BE IT RESOLVED BY THE 1\1 A YOR Ai'\'D CO'Il\IO~
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COUNCIL OF THE CITY OF SA:\' BERNARDINO, AS FOLLOWS:
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SECTION 1. The Franchise rights granted to Adelphia Communications
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Franchise Agreement dated May 12, 1980 under the authority of Ordinance l\0. 3934, to Charte
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Communications under the Franchise Agreement dated Noyember 12, 1961 under the authorit
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of Ordinance No. 2395, and to l\lountain Shadows Cable under the Franchise Agreemew date
October 25, 1983 under the authority of Ordinance MC 319, as extended by Resolution 2004-1
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are hereby extended ninety (90) days from the date of this Resolution under the existing term
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and conditions, subject to the conditions below.
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SECTION 2. Under the extension granted herein, the Cable Companies shall b
12 . obligated to perform and comply with all terms, conditions, requirements, and limitation
13 contained in their Franchise Agreements.
14 SECTION 3. The Mayor is hereby delegated the authority to extend the Franchis
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Agreements for up to and including an additional ninety (90) days. In no case shall th
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Agreements be extended for more than one-hundred and eighty (180) days from the date of thi
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Resolution.
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SECTION 4. This Resolution shall take effect upon its adoption.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
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Common Council of the City of San Bernardino at a
meeting thereof
4 day of
held on the
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COlJNCIL MEMBERS: A"YES
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ESTRADA
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LONGYILLE
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MCGJ]\:'NIS
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10 DERRY
, 2005 by the following vote, to wit:
1\'A YS
ABSTAIN
ABSENT
11 j KELLEY
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12 ! JOHNSON
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13 I! MCCAMMACK
141:
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1sl:i
191.111 Approved as to form and
I legal content:
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CITY CLERK
The foregoing Resolution is hereby approved this _ day of
,2005
JUDITH Y ALLES, Mayor
City of San Bernardino
! By:
221
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting D,je (D,'e Ad'l"'fd)' i /')~/05 Itom # --1 1) Rowlu"on #
Vote: Ayes ' [ Nays Abstain
Change to motion to amend original documents 0 Companion Resolutions
~ DO!;:--! L/
I
Absent
Null/V oid After: ~ days /
Resolution # On Attachments: 0
PUBLISH 0
-o/~~
lution of attachment stored separately: 0
Date Sent to Mayor: I
Date of Mayor's Signa e:
Date of Clerk/CDC Signature:
RECORD W/COUNTY 0
By:
Reso. Log Updated:
Seal Impressed:
~/
ff"'.
Date Memo/Letter Sent for Signature:
I st Reminder Letter Sent:
Date Returned:
2nd 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):
Yes 0/ No By_
Yes No By_
Yes No By_
Yes No By__
Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator aY /' Facilities 0 Parks & Recreation 0
City Attorney W Finance [!r Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services 0 Human Resources 0 Water Department 0
Others:
Ready to File: _
Date:
OL~~~-i- 0 //;;;-/- 3Sf -.5-'7 f;t--
Notes:"/r 1 ..
c:;Yt:A /'2;!/~'XI to
Revised 12/18/03