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HomeMy WebLinkAbout2014-12-09; City Council; 21796; Rescinding Policy 11 Cable Franchises from Cities, Counties to CaliforniaCITY OF CARLSBAD - AGENDA BILL ADOPTION OF RESOLUTION RESCINDING COUNCIL POLICY NO. 11 DUE TO CHANGES IN THE MUNICIPAL CODE AND JURISDICTION OVER CABLE FRANCHISES FROM CITIES AND COUNTIES TO THE STATE OF CALIFORNIA DEPT.DIRECTOR CITY ATTY. CITY MGR RECOMMENDED ACTION: Adopt Resolution No. 2014-272 rescinding Council Policy No. 11 due to change in jurisdiction over cable franchises from cities and counties to the State of California. ITEM EXPLANATION: As part of a routine review of city codes and policies, Council Policy No. 11 was identified as obsolete due to previous changes in the Carlsbad Municipal Code and the manner in which cable television franchises are regulated. On September 19,1972, the City Council established Council Policy No. 11 regarding the construction, installation, operation, maintenance and disposition of community antenna television systems in the City of Carlsbad. The purpose ofthe policy was to allow the city to issue permits to build cable television systems in subdivisions and building projects so those facilities could be integrated into cable television systems of those who may provide cable television service in the future. In January 1976, the City Council passed an ordinance amending Title 5 ofthe Carlsbad Municipal Code. The ordinance added Chapter 5.28 to establish a procedure for granting cable television franchises in the city. In 2006, the State Legislature passed the Digital Infrastructure and Video Competition Act of 2006, which became effective January 1, 2007. The Act transferred the authority to grant and administer cable television franchises from cities, counties and special districts to the California Public Utilities Commission. In June 2007, the city added Chapter 5.29 to Title 5 ofthe Carlsbad Municipal Code to preserve the City's authority to regulate state video franchise holders and collect franchise and Public, Education and Government fees. In May 2008, the Carlsbad City Council repealed Chapter 5.28 in its entirety from the Carlsbad Municipal Code, because there were no longer any video service providers operating under a city issued franchise within the City of Carlsbad. Therefore, Council Policy No. 11 is obsolete and staff recommends rescinding it. FISCAL IMPACT: There is no direct fiscal impact associated with this action. Department Contact: Val Brown 760-434-2854 Val.Brown@carlsbadca.gov FOR CITY CLERK'S USE ONLY. AUTHORITY APPROVED CONTINUED TO DATE SPECIFIC • ACTION: DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RECEIVED THE • WITHDRAWN • REPORT/PRESENTATION Title of Resolution: Rescind Council PolicyNo. 11 Dec. 9, 2014 Page 2 of 2 PUBLIC NOTIFICATION: None. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065, this action does not constitute a "project" within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require an environmental review. EXHIBITS: 1. Resolution No. 2014-272 2. Council Policy No. 11 16 17 18 19 20 WHEREAS, on September 19, 1972, the City Council established Council Policy No. 11 1 RESOLUTION NO.2014-272 2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, RESCINDING COUNCIL POLICY NO. 11 DUE TO CHANGE IN THE MUNICIPAL CODE AND JURISDICTION OVER CABLE 4 FRANCHISES FROM CITIES AND COUNTIES TO THE STATE OF CALIFORNIA 5 6 7 regarding the construction, installation, operation, maintenance and disposition of community 8 antenna television systems in the City of Carlsbad; and 9 WHEREAS In January 1976 an ordinance was passed amending Title 5 of the Carlsbad 10 Municipal Code, which added Chapter 5.28 to establish a procedure for granting cable television 11 franchises in the city; and 12 j3 WHEREAS, the California Legislature adopted the Digital Infrastructure and Video 14 Competition Act of 2006 establishing a state video franchising system under which holders of 15 state-issued video franchises would be partially regulated by the California Public Utilities Commission and partially regulated by local governments; and WHEREAS, effective January 1, 2007, the Digital Infrastructure and Video Competition Act of 2006 transferred the authority for granting franchises for video services (often referred to as "cable") from local jurisdictions (cities and counties) to the State of California Public Utilities 21 Commission; and 22 WHEREAS, as of January 2, 2008, there are no longer video service providers operating under a Carlsbad cable franchise agreement or subject to Council Policy No. 11; and NOW, THEREFORE, BE IT RESOLVED bythe City Council ofthe City ofCarlsbad, California, as follows: 23 24 25 26 27 1. That the above recitations are true and correct 28 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. That Council Policy No. 11 is rescinded. PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City of Carlsbad on the 9*'' day of December, 2014, by the following vote to wit: AYES: NOES: ABSENT: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Clerk (SEAL) I ''iniww'-^ £i(4i/^ /T 2- CITY OF CARLSBAD COUNCIL POLICY STATEMEMT General Subject: ADMINISTRATION Specific Subject: CTV Pol icy No- 11 (Page 1 of 2) Date Issued Sept. 19, 1972 Effective Date 9-19-72 Cancellation Date Supersedes No Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To establish a City Council policy regarding construction, installa- tion, operationt maintenance, and disposition of community antenna television systems prior to the enactment of a City ordinance enabling the franchising of Cable Television system in the City. STATEMENT OF POLICY: It is desirable to formulate a policy to govern the installation of community antenna television facilities in subdivisions and building projects now under construction so that such facilities can be inte- grated into Cable Television systems of those who may acquire (a) fran- chise{s) for the areas in question in order to provide Cable Television service to the occupiers upon construction of the project and to avoid the expense of Cable Television installation after completion of the buiIdings(s). PROCEDURE: 1. Pending the enactment of a Cable Television ordinance enabling the franchising of Cable Television operators, community antenna operators, operators or construction contractors who have in each case contracted with developers for operation and installation of a community antenna system therein, may apply for a permit or license from the City Clerk with the approval of the City Manager for construction and operation of a community antenna system in the area of the subdivision or building project only. 2. The applicant must show to the satisfaction of the' City Manager the financial capability, technical experience and management capacity to construct and operate the system. The license or permit shall provide munity antenna system in accordance dards determined by the Director of tate integration into the system(s) Chises in the City. for construction of any com- with specifications and stan- Public Works so as to facili- of those to be granted fran- The license or permit shall be limited to not over two years or a period of six months from the granting' of a. franchise by the City Council including the area of said license or permit, wiiich- ever be the shorter period. The City Council will entertain re- quests for permit or license extensions on an individual basis once a franchise is granted and construction begins on a Cable CITY OF CARLSBAO COUNCIL POLICY STATEMENT General Subject; ADMINISTRATION . Specific Subject: CTV Policv No.ll(Page 2 of 2) Date Issued 9-19-72 Effective Date 9-19-72 Cancellation Date Supersedes No. r. ( Copies to; City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File Television system. 5. The license or permit shall provide that all requirements of the Federal Communications Commission, which are applicable, be com- plied with. 6. The license or permit shall require that within three months after granting of (a) franchise(s) covering the area of the.permit or license to one other than the licensee or permittee that the licensee or permittee shall sell his community antenna television system to the franchisee at a price and upon terms and just to both buyer and seller under the circumstances, parties cannot agree on the price, they shall appoint tor-appraiser to determine the matter and if they cannot agree on an arbitrator-appraiser each shall appoint one and the two shall select a third and such arbitration shall proceed in accordance with the California Code of Civil Procedure, Civil Code.and the rules of the Superior Court of the State of California in San Diego County. The parties in entering into such arbitration that the award of the arbitrator-appraiser(s} shall be the parties and enforceable by the said Superior Court permittee or licensee receive a franchise including the 7. 10 condi tions If the an arbi tra.- shall agree binding on If the area in question, the franchise upon its effective date shall supersede and cancel as of that date the temporary license or permit. The applicant will pay $100.00 for such pefmit or license per cent of all gross subscriber revenue,. provided to the quarterly. and three City Clerk It is understood that this policy is for an interim period only and constitutes no precedent as regards later City CTV franchise ordi- nances or policies and that the City franchise when adopted may contain entirely different terms and condftions. The Director of Public Works may issue an encroachment permit for community antenna system work in, or around, or over or under City streets, ways, sidewalks, real property, and easements upon such work standards or specifications as he shall determine upon issu- ance of a permit or license by the City Clerk. Franchisee shall provide and keep in force a public liability in- surance policy in the sum of not less than $1QO,000.00 property damage, $100,000.00 per person, with a total of $300,000.00 per accident personal injury liability, and shall name City as an ad- ditional insured thereon. by