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HomeMy WebLinkAbout09-City Administrator CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Fred Wilson, City Administrator Subject: Ordinance amending sections of Chapter 14.04 of the Municipal Code concerning franchises. Ol~. ~-,..., :L Dept: City Administrator's Office Date: November 25, 2002 Synopsis of Previous Council Action: Recommended motion: That said ordinance be laid over for final adoption. Contact person: Lori Sassoon Phone: 384-5122 Supporting data attached: Staff report, ordinance Ward: All FUNDING REQUIREMENTS: Amount: None Source: (Acct. No.) (Acct. Description) Finance: Council Notes: fi"'0 -1135 Agend: #r /d'/;f/J? STAFF REPORT Subiect: Ordinance amending sections of Chapter 14.04 of the Municipal Code regarding franchises. Backl!round: In the Spring of 2001, the City received notification from the Gas Company that the current franchise will expire in January 2003. The franchise agreement was last adopted in 1953 and had a term of fifty (50) years. Staff had a preliminary meeting with Gas Company representatives in June, and since that time has been working to identify issues and topics for consideration in the new franchise. A specialty attorney, Mr. Don Maynor, has been retained and has been working with a team of staff consisting of Fred Wilson, City Administrator; Henry Empeno, City Attorney's Office; Ray Casey, Development Services; and Lori Sassoon, City Administrator's Office. Key issues for discussion include the franchise fee that will be paid to the City, preservation of City streets, and the pending construction of a gas pipeline through the City to a power plant in Redlands. It is apparent that franchise negotiations and the Council actions needed to adopt the new franchise cannot be completed prior to the expiration of January 30, 2003. In order to provide for the Gas Company's continued operations in the interim, Section 14.04 of the Municipal Code must be amended. The new language will provide for the issuance of a revocable license that will be given to the Gas Company until the franchise is granted. Franchise payments under the revocable license will be made pursuant to the terms that will be agreed upon in the new franchise. Financial Imuact: There is no direct financial impact as a result of this action. By granting the revocable license, the Gas Company will continue to provide services, and the City will be entitled to receive franchise fees resulting from operations during this interim time period. Recommendation: It is recommended that the ordinance is laid over for final adoption. ~ Title 14 FRANCHISES Chapters: 14.04 General Regulations 14.08 Cable Television Systems Chapter 14.04 GENERAL REGULATIONS Sections: 14.04.010 14.04.020 14.04.030 14.04.040 Franchise required when. Application. Granting of franchise - Conditions Violation - Penalty. 14.04.010 Franchise required when. It is unlawful for any person, firm or corporation to exercise any privilege or franchise to lay or maintain any pipes or conduits in or under any public street, or alley in the City, for the transmission of gas, water, heat, steam, or other substance or to exercise any franchise or privilege for the erection or maintenance, in or upon any public street or alley in the City, of any telephone, telegraph, electric light or power poles, wires, or system, or for the erection of any pole or wire for the purpose of transmitting electrical energy or current, without first having procured a franchise to do so unless such person, firm or corporation is entitled to do so by direct and unlimited authority of the Constitution of the state or the Constitution of the laws of the United States. (Ord. 541 !i1, 1913.) 14.04.020 Application. Any person desiring to procure a franchise for any of the purposes mentioned in Section 14.04.010 shall make application therefor either in the manner required in and by that certain act entitled, "an Act providing for the sale of street railroad and other franchises in counties and municipalities, and providing conditions for the granting of such franchise by legislative or other governing bodies, and repealing conflicting acts," approved March 22,1905, as amended, or in the manner required in and by that certain Act designated as The Franchise Act of 1937, as amended. Thereupon the Mayor and Common Council shall proceed to the granting of such franchise in the manner set forth in said acts, and said acts and the amendments thereto, so far as applicable, shall govern the granting of franchises within the City; provided, however, that the Mayor and Common Council shall have the right to refuse any franchise for any of such purposes, when in their opinion the granting of any such franchise will not be for the best interests of the City or the inhabitants thereof. (Ord. 2162,1957; Ord. 541 !i2, 1913.) 14.04.030 Granting of franchise - Conditions. The granting of any franchise for any of the purposes mentioned in Section 14.04.010 shall be subject to such conditions and restrictions as the Mayor and [Rev. January 23,1998] 14-1 . Council shall prescribe and impose. lard 541 93, 1913.) /' 14.04.040 Violation - Penalty. Any person. firm or corporation exercising or attempting to exercise any franchise for any of such purposes or laying or maintaining any pipes or conduits in or upon any street in the City, for the transmission of gas, water, heat, steam or other substance, or erecting any telephone, telegraph or electric light or power poles, wires, or system, within the City in violation of this Chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12010 ofthis Code. lard. MC-460, 5-13-85; Ord 541 94, 1913.) Sections: 14.08.010 14.08.020 14.08.030 14.08.040 14.08.050 14.08.060 14.08070 14.08.075 14.08.080 14.08090 14.08.100 14.08.110 14.08.120 14.08.130 14.08.140 14.08.150 14.08.160 14.08.170 14.08.180 14.08.190 14.08.200 14.08.210 14.08.220 14.08.230 14.08.240 14.08.250 14.08.260 14.08.270 [Rev. January 23, 1998] Chapter 14.08 CABLE TELEVISION SYSTEMS Definitions. Franchise to install and operate. Basic cable television service - Requirements. Basic cable television service - Channels for educational uses and public access uses. Basic cable television service - Availability of unused channels. Nonbasic cable television service. Cable television service - Subscriber complaints. Unauthorized connection or attachment to cable television system. Municipal service. Compatibility and connectibility of adjacent systems. Uses permitted pursuant to franchise. Franchise payments. Term of franchise - Renewal. Termination of franchise. Franchise - Compliance with rules and regulations. Franchise - Noncompliance with rules - Detennination of just cause. Effect of termination of franchise on rights of City. Expiration of franchise - Payment for damages. Application for franchise. Application - Accompanying material. Application fee. Solicitation for franchise applications. Referral of applications. Report. Consideration of applications. Action on applications. Resolution. Hearing of protests - Determination. Denial by resolution - Grant by ordinance. Performance deposit to City. ( \. 14-2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ~()"')v ORDINANCE NO. AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS OF MUNICIPAL CODE CHAPTER 14.04 REGARDING GRANTING OF UTILITY FRANCHISES. Whereas, the Mayor and Common Council of the City of San Bernardino have authority to grant franchises to utility companies for the use of public rights-of-way; and Whereas, there is a need to establish procedures regarding the provision of utilities during an interim period while franchise terms are being negotiated; Now, therefore, the Mayor and Common Council of the City of San Bernardino do ordain as follows: Section I. follows: Section 14.04.020 of the Municipal Code is hereby amended to read as "14.04.020 Application. Any person desiring to procure a franchise for any of the purposes mentioned in Section 14.04.010 shall make application therefor in accordance with the procedural requirements set forth in the Franchise Act of 1937 (Public Utilities Code Section 6201 et seq.), and as amended." Section 2. follows: Section 14.04.030 ofthe Municipal Code is hereby amended to read as "14.04.030 Granting of franchise - Conditions. The Mayor and Common Council may grant a franchise, subject to any restrictions, terms, and conditions (including compensation), without limitation, that they deem to be in the best interests of the City. The Mayor and Common Council may refuse to grant a franchise, when in their opinion the granting of any such franchise will not be in the best interests of the City." Section 3. follows: Section 14.04.040 of the Municipal Code is hereby amended to read as "14.04.040 Violation - Penalty. Any person, firm or corporation exercising or attempting to exercise any franchise for any of the purposes mentioned in Section 14.04.010, or laying or maintaining any pipes or conduits in or upon any street in the City, for the transmission of gas, water, heat, steam or other substance, or erecting any telephone, telegraph or electric light or power poles, wires, or system, within the City in violation of any provision of this Chapter is guilty of an infraction, which upon conviction thereof is punishable in accordance with the provisions of Section 1.12.010 of this Code. In addition, any person, firm or corporation exercising or attempting to exercise any franchise for any of such purposes after a franchise or license (issued pursuant to Chapter 14.04) has expired shall be subject to a civil penalty of three (3) times the compensation required under the expired franchise or license prorated on a "per day" basis. Such civil penalty 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS OF MUNICIPAL CODE CHAPTER 14.04 REGARDING GRANTING OF UTILITY FRANCHISES. shall be in addition to any other terms and conditions set out in the franchise or license, and shall not, in any way, limit or otherwise restrict any other legal or equitable remedy available to City." Section 4. Section 14.04.050 is hereby added to read as follows: "14.04.050 Operation after Franchise Expiration - Revocable License If a franchise is to expire within sixty days according to the franchise terms, and a new franchise has been requested, but has not yet been granted, the franchisee may request the Mayor and Common Council to issue the franchisee a written revocable license, for a renewable term not to exceed one hundred-twenty (120) days from the expiration of the franchise, permitting the franchisee to continue to locate its existing facilities in or upon public property in the City during the term of the license. The Mayor and Common Council may issue such a revocable license, subject to any restrictions, terms, and conditions (including compensation), without limitation, that they deem to be in the best interests of the City. Nothing herein requires the Mayor and Common Council to grant such a revocable license, nor does the issuance of such a revocable license require that the Mayor and Common Council grant the franchisee a new franchise. Upon request of the franchisee, the City Clerk shall provide a revocable license application form." III III III III III III III III III III III III III III III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS OF MUNICIPAL CODE CHAPTER 14.04 REGARDING GRANTING OF UTILITY FRANCHISES. I HEREBY CERTIFY that the foregoing ordinance was duly amended by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2002, by the following vote, to wit: Council Members AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MCGINNIS DERRY SUAREZ ANDERSON MCCAMMACK City Clerk The forgoing ordinance is hereby approved this day of ,2002. JUDITH V ALLES, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman, City Attorney /1 "9 ~ I / / .1-.-.-. '1/ Jz ~l..CA ~"**FOR OFFICE USE ONLY - HOT,A PUBlICDOCUMEMT**/'" ..~~;~~fd:~-- ~:-~.-:t;Jfit~-. :+:1~F. '-::'''-~S~~~~~~'- -' ~ ~":,. ~':".;:Y:5~~!'~-:~::f-~>: ,,', - ," ,', CITY OF SAN BERNARDINO = CITY CLERK'S OFFICE _>'~'~__-h' ' ' ,,' 'C-,' RECORDS & INFORMATION MANAGEMENT PROGRAM ~ AGENDA ITEM TRACKING FORM Jd-I/~/02-- , ( /J1C- /13S' Item No. 1 Meeting Date/Date Adopted: Resolution/Ordinance No. Effective Date: Vote: /-/0 -03 Ayes: )~7 Ordinance Urgency: Yes TenminationlSunset Date: 6) Date Sent to Mayor: Date of Mayor's Signature: cJ "2....- Date Summary Sent to Attorney: t~,lr~/o 2-- Date Published: ~ 3 1 () <-- , Meeting Type: _I- ;,!].....L ) t7 Continued Frorn/To & Item No. Nays: .&- Absent: .D- Date Returned from Mayor: /C)!t?'/ 0 , ( Date of Clerk's Signature: /.;l./ /8"/ 0'/ I I Date Summary Returned from Attorney: /~)/f'/o L.. . / / Date Seal Impressed: /,21/9/0) , Date Sent for Signature: Expiration Date: Copies Distributed To: To Whom: D~ned: Exhibits Complete & Attached to Resolution/Ordinance: Reminder Letter Sent: Reminder Letter Sent: Reminder Letter Sent: Request for Council Action & Staff Report Attached: Yes Notes: If~u';~ /' ~ - /"151/__ No Ready to File: Date: OOCl/MENT \DCA T1Ot+. fORMSIA8!fIA Illem Ttaddns Fonn. CC Form No. 111 . bM UpdUId: lQV411'"