HomeMy WebLinkAboutReso 1997-18818 RESOLUTION NO, 18818
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA SETTING DECEMBER 9, 1997 AS THE DATE OF A
PUBLIC HEARING FOR CONSIDERATION OF A PROPOSED
AGREEMENT TO GRANT A MODIFIED FRANCHISE AGREEMENT
TO COX COMMUNICATIONS (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 rnarket in the last 13 years; and
WHEREAS, the major terms being renegotiated include: Franchise Fee; Term; Smart
Community; Peg Grant, Cable Moderns, Extension of Service, System and Services Review,
Extension of Customer Services, 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 the City Council of the City of Chula Vista does
hereby set December 9, 1997 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 (CoxCom) Inc. subject to substantially the
following modified terms and conditions:
Increasing the franchise fee from 3% to 5%, extending the term by 10 years, providing
the city with the hardware and software necessary to implement an additional phase
of the Smart Community program, providing ten 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 in the year 2006, specifying the circumstances under which
additional services available elsewhere in the County would be made available to Chu~a
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,
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Resolution 18818
Page 2
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, 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.
Presented by Approved as to form by
Gerald Young JOt'in . Kaheny
Principal Management Assistant ,C~i ey
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Resolution 18818
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of November, 1997, by the following vote:
AYES: Councilmembers: Moot, Padilia, Rindone, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Salas
ABSTAIN: Councilmembers: None
ShirleyH~~ortM~
ATTEST:
Beverly ~.~Authglet, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A, Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18818 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 25th day of
November, 1997.
Executed this 25th day of November, 1997
~uthelet, City Clerk
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