HomeMy WebLinkAboutReso 1999-19575 RESOLUTION NO.19575
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SETTING SEPTEMBER 14, 1999 AS THE DATE FOR A
PUBLIC HEARING FOR CONSIDERATION OF THE GRANT OF A
MODIFIED CABLE SYSTEM FRANCHISE TO COXCOM INC., DBA
COX COMMUNICATIONS SAN DIEGO
WHEREAS, on April 16, 1964, the City Council adopted Ordinance No. 882 granting
a franchise to Area Television Antenna, Inc. to operate a community antenna television
system in the City of Chula Vista; and
WHEREAS, said franchise was subsequently taken over by Cox Cable and substantially
amended in 1984 and is currently scheduled to expire in January, 2009; and
WHEREAS, staff has been renegotiating certain franchise terms because there have
been several changes in the cable industry and the San Diego market in the last 15 years; and
WHEREAS, the major terms being renegotiated include: Franchise Fee; Term; Peg
Grant, Cable Modems, Extension of Service, System and Services Review, Extension of
Customer Services, Potential Traffic Signal Access to Cable Facilities; Video Playback;
Customer Service Standards and Obscenity.
WHEREAS, in accordance with Section 1201 of the City Charter, the City Council shall
pass a resolution declaring its intention to grant a franchise and fix the day, hour and place
when and where any persons having any interest therein or any objection to the granting
thereof may appear before the City Council and be heard thereon.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby set September 14, 1999, at 6:00 p.m. in the Council Chambers as the date, time
and place for the public hearing for consideration of a proposed agreement to grant a modified
franchise agreement to Cox Communications San Diego subject to substantially the following
modified terms and conditions:
Increasing the franchise fee from three percent to five percent extending the term by
ten years, providing up to thirty cable moderns for city facilities (e.g. libraries,
recreation centers), providing a PEG (Public, Educational, Governmental) grant of
$100,000, specifying the distances, development densities or timing within which it
is expected that service will be provided at no significant cost, requiring a system and
services review at five year intervals beginning in 2005, specifying the circumstances
under which additional services available elsewhere in the County would be made
available to Chula Vista subscribers, providing for good faith negotiation of future
technology linkages or other issues of mutual interest, providing the city with playback
equipment for the broadcast of City Council meetings, specifying minimum customer
service standards and liquidated damages if they are not met, providing for subscriber
notification of options to block audio/visual transmissions of unwanted programming,
amending text regarding renegotiation intervals, amending termination provisions and
disposition of the franchise property in such case, amending text regarding rate
regulation authority, providing that there shall be no offset or credit on the franchise
fee, setting the limitations of the grant of franchise and rights reserved to city,
Resolution 19575
Page 2
specifying the location of franchise properties and the standards for their construction
or maintenance or relocation, amending insurance and liability provisions, amending
text regarding inspection of property and records, providing for resolution of issues in
conflict or held to be invalid, making representations and warranties as to the
franchise, agreeing to provisions of force majeure and time being of the essence, and
clarifying existing definitions and administrative provisions.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to
publish, at least once within fifteen days after the passage of this resolution, and at least ten
days prior to the date of the hearing, appropriate notice of such hearing.
Presented by Approved as to form by
Michael Meachar~: J M. Kaheny
Special Operations Manager ey ~
Resolution 19575
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 31" day of August, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 19575 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 31st day of August, 1999.
Executed this 31st day of August, 1999.
Susan Bigelow, City Clerk