HomeMy WebLinkAboutcc min 2010/05/18MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
May 18, 2010
4:00 P.M.
A Regular Meeting of the City Counci] of the City of Chula Vista was called to order at 4:05
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Bensoussan, Castaneda, Ramirez, Thompson,
and Mayor Cox
ABSENT: None
ALSO PRESENT: City Manager Sandoval, City Attorney Miesfeld, City Clerk
Norris, and Deputy City Clerk Bennett
At 4:05 p.m., Mayor Cox recessed the Regular Meeting in order to conclude the business of the
Special Joint Meeting of the City Council, Chula Vista Redevelopment Corporation, Chula Vista
Planning Commission, and San Diego Unified Port District Boazd of Port Commissioners.
At 4:28 p.m., Mayor Cox reconvened the Regulaz Meeting.
PUBLIC COMMENTS
Derrick Roach, Chula Vista resident, stated that Councilmember Thompson, while serving on the
Planning Commission, had a property ownership-related conflict of interest, and asked for his
resignation from the City Council.
PUBLIC HEARINGS
1. CONSIDERATION OF TERMINATION OF NEXHORIZON COMMUNICATIONS
INC., CABLE TELEVISION SYSTEM FRANCHISE, FOR FAILURE TO COMPLY
WITH MATERIAL PROVISIONS OF THE FRANCHISE AGREEMENT
(CONTINUED FROM APRIL 13, 2010)
NexHorizon Communications, Inc. (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 forwazd 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 Apri] 13, 2010, which has been continued to May 18, 2010. (Director of
Conservation and Environmental Services)
Page 1 -Council minutes May 18, 2010
PUBLIC HEARING (Continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Cox opened the public heazing. There being no members of the public who wished to
speak, Mayor Cox continued the item to the Meeting of June 15, 2010.
Mayor Cox noted for the record that no representatives from NexHorizon were present at the
meeting.
CLOSED SESSION
Closed Session was cancelled, and the following item was not discussed.
2. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a):
Citv of Chula Vista v. NexHorizon Broadband of Southern California, Inc.
San Diego Superior Court, Case No. 37-2010-00083634-CU-BC-CTL
ADJOURNMENT
At 4:34 p.m., Mayor Cox adjourned the meeting in memory of Paul Souval, to the next regulaz
City Council Meeting of May 25, 2010, at 4:00 p.m., in the Council Chambers.
orraine Bennett, CMC, Deputy City Clerk
Page 2 -Council minutes May 18, 2010