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OR\G\NAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Lori Sassoon, Assistant City
Manager
Subject: Resolution granting an
extension of the cable franchises with
Adelphia Communications, Charter
Communications, and Mountain
Shadows Cable
Dept: City Manager's Office
Date: May 16, 2006
MICC Meeting Date: June 19, 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, 2006 by Resolution No. 2005-236
January 9, 2006 - Franchises extended until July 7, 2006 by Resolution No. 2006-1
Recommended Motion:
Adopt resolution.
(O{Yf---/
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:
fVs(), d-DD b ~ /7'1
Agenda Item No.
(, tJftJp"
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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, extending the current
franchise agreements with the cable companies for 180 days from the date the resolution
was adopted. Since that time, the franchises have been extended by a series of
subsequent resolutions. Most recently, on January 9, 2006, the Mayor and Council
adopted Resolution 2006-1, extending the franchises until July 7, 2006.
Franchise negotiations have not yet been completed. The first step, an update to the
City's cable television ordinance, will soon be 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.
FINANCIAL IMP ACT
None by this action.
RECOMMENDATION
Adopt resolution.
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RESOLUTIO:\' NO.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRAl'iCHlSK'
WITH ADELPHlA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN
MOUNTAIN SHADOWS CABLE.
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7 WHEREAS, Adelphia Communications, Charter Communications, and Mountai
8 i Shadows Cable (hereinafter "the Cable Companies") are duly authorized to operate cable
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television systems in the City of San Bernardino pursuant to Franchise Agreements granted by
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the City of San Bernardino.
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WHEREAS, the Cable Companies have requested that the Franchiscs they hold t
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provide cable television service in the City of San Bernardino be renewed; and
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1
Agreement
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WHEREAS, the Franchise rights granted under the respective Franchise
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expired on December 31, 2003: and they were renewed by Resolution No. 2004-18 on January
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20, 2004; by Resolution No. 2004-249 on August 2, 2004; by Resolution No. 2005-14 0
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January 24, 2005: and by Resolution '\10. 2005-236 on July 18, 2005; and hy Resolution No.
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2006-1 on January 9, 2006;
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\VHEREAS, the City and the Cahle Companies are currently in the Franchise renewa
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process; and
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\VHEREAS, 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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~c
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 by
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the terms and conditions of the existing Franchises during any such extension,
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7(b .It>
1e/19/t
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I 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.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMO
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COUNCIL OF THE CITY OF SAN 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 No. 3934, to Charte
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Communications under the Franchise Agreement dated November 12, 1961 under the authority
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of Ordinance No. 2395, and to Mountain Shadows Cable under the Franchise Agreement date
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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.
14 SECTION 2. Under the extension granted herein, the Cable Companies shall b
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obligated to perform and comply with all terms, conditions, requirements, and limitation
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contained in their Franchise Agreements.
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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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III
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III
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 0
SAN BERNARDINO GRANTING AN EXTENSION OF THE CABLE FRANCHISE
1 I WITH ADELPHIA COMMUNICATIONS, CHARTER COMMUNICATIONS, AN
MOUNT AIN SHADOWS CABLE.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor an
i
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Common Council of the City of San Bernardino at a
meeting thereof
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held on the day of
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COUNCIL MEMBERS: AYES
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ESTRADA
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10 ; BAXTER
II MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
15 MCCAMMACK
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,2006 by the following vote, to wit:
NAYS
ABST AIN ABSENT
CITY CLERK
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The foregoing Resolution is hereby approved this _ day of
,2006
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PATRICK 1. MORRIS, Mayor
City of San Bernardino
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Approved as to form:
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** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~f) CojJq LDb Item # --1 D Resolution #
Vote: Ayes '), ,3}f) 5i-1 Nays b Abstain -&-
Change to motion to amend original documents D Companion Resolutions
:J.OO G-17 8
Absent I ~ (p
NulINoid After: ~ days /
Resolution # On Attachments: D
Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORDW/COUNTY D
By:
Date Sent to Mayor: LP)..I
Date of Mayor' s Signature: ~ ~>;l..~ \)0
Date of Clerk/CDC Signature: \:::d- Co
Reso, Log Updated:
1
Seal Impressed:
Reso. # on StaffReporUS:!.
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: D
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 (55:57):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YesL No By_
Yes No ,/ By_
Yes No 7 By_
-
Yes NO-)- By_
Yes No By_
Copies Distributed to:
Animal Control D EDA
"-'.J ,,~D
City Administrator .....I!l,[ flY'^'" Facilities
City Attorney ~ 'U;LrJ'v Finance
Code Compliance D Fire Department
Development Services D Human Resources
Others:
D Information Services D
D Parks & Recreation D
~ V.t'l.llv\,lLTtJ'olice Department D
D Public Services D
D Water Department D
Notes:
Ready to File: _
Date:
Revised 12/18/03