HomeMy WebLinkAbout2010/05/18 Agenda
I declare under penalty of perjury that I am
employed by the City of Chula Vista !r ,., .~
_ ..' of the City Clerk and that I postea ,;'"
/ ''\.. -,; ~ _ ~!lt on the bulletin board according IL
Ii' ,n't ' eqU~r8 ente. d .
I "!:Sft< "6 :/ -
"SIGNED v--
~Vt..
L:~ --:
~~~~
........."""'-~~
em OF
CHUlA VISfA
Cheryl Cox, Mayor
Rudy Ramirez, Council member James D. Sandoval, City Manager
Mitch Thompson, Interim Council member Bart Miesfeld, City Attorney
Pamela Bensoussan, Councilmember Donna Norris, City Clerk
Steve Castaneda, Councilmember
"
May 18,2010
4:00 p,m.
Council Chambers
City Hall- Building 100
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmcmbers Bensoussan, Castaneda, Ramirez, Thompson, and Mayor
Cox
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any subject
matter within the Council's jurisdiction that is not listed as an item on the agenda. State
law generalZv prohibits the Council from discussing or taking action on any issue not
included on the agenda, but, if appropriate, the Council may schedule the topic for future
discussion or refer the matter to staf! Comments are limited to three minutes,
PUBLIC HEARINGS
The following item(s) have been advertised as public hearing(s) as required by law, If
you wish to speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
1. CONSIDERATION OF TERMINATION OF NEXHORIZON COMMUNICATIONS
INC., CABLE TELEVISION SYSTEM FRANCHISE, FOR FAILURE TO COMPLY
WITH MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT
(CONTlNUED FROM APRIL 13,2010)
NexHorizon Communications, Ina (NexHorizon) has been operating a cable television
system pursuant to a Franchise agreement with the City and has failed to meet certain
material provisions of the agreement. Staff provided NexHorizon with notice identifying
the material provisions that had been violated and provided NexHorizon in excess of 30
days to correct the violations and ultimately a notice that a public hearing to consider
termination would go forward on November 17, 2009. NexHorizon asserts that it had not
received adequate notice of the termination hearing. Although staff asserts that
termination and notice were conducted properly, in an effort to resolve the matter and out
of professional courtesy, staff has scheduled a second public hearing on the franchise
termination, for April 13, 2010, which has been continued to May 18, 2010. (Director of
Conservation and Environmental Services)
Staff recommendation: Council conduct the public hearing and adopt the following
resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
TERMINATING THE NEXHORIZON FRANCHISE AND AFFIRMING ITS
PRIOR ACTION TERMINATING THE NEXHORIZON FRANCHISE
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by noon on
Wednesday following the Council Meeting in the City Attorney's office in accordance
with the Ralph M. Brown Act (Government Code 54957.7)
2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
City of Chula Vista v. NexHorizon Broadband of Southern California, Inc.
San Diego Superior Court, Case No. 37-2010-00083634-CU-BC-CTL
ADJOURNMENT to the next regular City Council Meeting of May 25, 2010, at 4:00 p.m., in
the Council Chambers.
Materials provided to the City Council related to any open-session item on this agenda are
available for public review at the City Clerk's Office, located in Ciry Hall at 276 Fourth Avenue,
Building 100, during normal business hours.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a Ciry meeting, activity, or service, contact the City Clerk's Office
at (619) 691-5041 at least forty-eight hours in advance of the meeting.
Page 2 -Council Agenda ht[p://www.chulavistaca.gov May 18, 2010