HomeMy WebLinkAboutOrd 1999-2796- ORDINANCE NO.2796
AN ORDINANCE OF THE CITY OF CHULA VISTA
APPROVING THE GRANT OF A MODIFIED CABLE
FRANCHISE TO COXCOM, INC., DBA COX
COMMUNICATIONS SAN DIEGO AND AUTHORIZING THE
MAYOR TO EXECUTE THE IMPLEMENTING FRANCHISE
AGREEMENT
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, which franchise was subsequently taken over by Cox Com, Inc., dba Cox
Communications San Diego ("Cox Cable"), substantially amended in 1984; and is currently scheduled
to expire in January, 2009; and
WHEREAS, under the current terms of the franchise, the City is paid a 3 percent fee on Cox
Cable's gross receipts, which rate is substantially below the industry standard of 5 percent; and
WHEREAS, staff has been negotiating with Cox Cable to make certain modifications to the
franchise for the benefit of the City in exchange for a ten year extension of the franchise term; and
WHEREAS, on August 3 I, 1999, in accordance with City Charter Section 1201, the City
Council approved a Resolution of Intention to consider the proposed Franchise ("Franchise") at a
public hearing set for September 14, 1999; and
WHEREAS, notice of that public hearing was published in the Star News on September
1999, a copy of which was provided to Chula Vista Cable; and
WHEREAS, the noticed public hearing was duly held on September 14, 1999, at 6:00 p.m.
to consider the proposed Franchise and all public testimony was taken and considered by the City
Council including City stafl's recormnendation to approve tile Franchise.
NOW, THEREFORE, the City Council of the City of Chula Vista does hereby ordain as
follows:
SECTION I: Any and all protests or objections presented to the granting of the Franchise are hereby
overruled.
SECTION II: The City Council hereby makes the following findings and determinations in
connection with the proposed Franchise:
(1)
Wbether there be significant positive or negative impacts on the community
being served. Through the increased high-speed internet capacity and cable modem
technology, the community should benefit from greater access to city services and
information.
Ordinance 2796
Page 2
(2)
Whether there will be an unreasonable adverse economic or aesthetic impact
upon public or private property within the area. This Franchise should not
significantly change the aesthetics of the overhead or underground network of cable
facilities in the city or the effect of such facilities on property values.
(3)
Whether there will bean uureasonable disruption or iaconvenience to users, or
any adverse effect on future use, of utility poles, pablic easements, and the
public rights-of-way contrary to the intent of Section 767.5 of the Public Utilities
Code. This Franchise agreement should not significantly effect the current or future
use of utility poles or rights-of-way.
(4)
Whether the franchise applicant has tile techaical attd financial ability to
performn. Cox Cable has demonstrated the ability to perform since 1984 and
continues to be a preeminent cable service provider nationwide.
(5)
Whether titere is any iuqmct oat tile franchising attthority's interest in having
universal cable service. By specit~ing the terms for extension of service to
individual hon~es, businesses or new developments, this proposed Franchise should
facilitate greater availability of service.
(6)
Whether other societal interests getterally considered by franchising authorities
will be met. The proposed Franchise includes provisions regarding notice to
customers regarding the procedures for blocking unwanted/indecent programming,
specification of minimum customer service standards, and enhanced public access to
city services and infbrmation via Stuart Community and cable modem technology.
(7)
Whether tile operation of au additional cable television system in the
community is ecouomically feasible. The Chula Vista community has supported
two cable companies since 1987. This proposed Franchise should not alter the
economic f~asibility of either franchise.
(8)
Such other additional matters, both procedural amid substantive, as the
franchising authority may determine to be relevant. Aside from dealing with
current issues such as access to cable services and technology, the proposed franchise
modification also provides for a mid-term system and services review to respond to
changes in the industry, technology, and regulatory environment and to changes in
customer demands for service.
SECTION llI: The grant of the Franchise and the implementing Franchise Agreement with Cox
Cable are hereby approved in substantially the form presented, with such minor modifications as may
be required or approved by the City Attorney; a copy of the Franchise Agreement shall be kept on
file in the office of the City Clerk.
Ordinance 2796
Page 3
SECTION IV: Upon execution by Cox Cable, the Mayor of the City of Chula Vista is hereby
authorized and directed to execute the Franchise Agreement for and on behalf of the City of Chula
Vista.
SECTION V: This ordinance and the Agreement, shall take effect and be in full force on the thirtieth
day from and after its second reading and adoption.
SECTION VI: The City Clerk is hereby directed to publish a summary of this ordinance in a
newspaper of general circulation in the City of Chula Vista.
Presented by
Approved as to form by
Michael Meacham
Special Projects Manager
Ordinance 2796 "'
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21~ day of September, 1999, by the tbllowing vote:
AYES:
NAYS:
ABSENT:
Councilmembers:
Councihnembers:
Councilmembers:
Davis, Moot, Padilia, Salas and Horton
None
None
Shirley Hortonf~'Mayor
ATTEST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Calitbrnia, do hereby certify that the foregoing
Ordinance No.2796 had its first reading at a regular meeting held on the 14th day of September, 1999
and its second reading and adoption at a regular meeting of said City Council held on the 21s~ day of
September, 1999.
Executed this 2Pt day of September, 1999,
Susan Bigelow, City Clerk