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Home My WebLink AboutCity Council Resolution 93-042 RESOLUTION NO. 93-042 ~--"-~..,~--~- A RESOLUTION OF THE CITY COUNCIL OP THE CITY OF SARATOGA APPROVING RENEWAL OF THE FRANCHISE FOR CABLE TELEVISION SERVICE WITHBRENMOR CABLE PARTNERS WHEREAS, the City has adopted Ordinance No. 71.-----122_._ setting forth conditions underwhicb a Franchise Agreemeot may be renewed; and WHEREAS, Ordinance No. 71._J1:L__ provides that any franchise granted under this Ordinance may be renewed at the application of the Grantee in accordance with Section 4-25.200 of the Ordinance; and WHEREAS, no franchise or franchise renewal granted pursuant to the provisions of the Ordinance shall become effective unless and until the Grantee has executed a Franchise Renewal Agreement and a resolutioo accepting such Franchise Agreement on the part of the Grantor; and WHEREAS, a copy of the proposed Franchise Agreement is attached hereto as Exhibit "A It and incorporated herein by reference; and WHEREAS, the City Council finds and determines that it would be in the best interest~ of the City and the subscribers to the cable television service that the proposed renewal of the ftanchise be approved. NOW THEREFORE, be it resolved by the City Council of the City of Saratoga as follows: 1. The proposed renewal of the cable television franchise by Brenmor Cable Partners LP (dba Sooth Bay Cablevision) is hereby approved. 2. The form and content of the CATV Franchise Renewal Agreement attached hereto as Exhibit "A" is hereby approved and the Mayor and City Clerk are hereby authorized and directed to execute said Agreement on beba.1f of the City. Passed and adopted at a regular meetïng of the City Council of the City of Saratoga held on the 15th day of September, 1993, by the following vote: AYES: Counc n member 5 Anderson, Rurger and Mon i a NOES: Council member Kohler ABSENT: Mayor Tucker A TI,JfST: fL¡ () ~ ,~ c.:. ---IOEPUTY CITY-CLER - --- o:\RESJŒNEW ,. EXHIBIT -A- . , . PP:a.lft'!llTtII'R ~1._J!lfK"". ·....'·1· ~~t, ..de and 4ID'tend iDto 'th1a .~ clay of , 11'3, ad !:MrtVIMID 'the Ci'ty of .sarat09&, a duly au or zed calU:::r. muûcipa1 cw,1I""1_tioD and Bralraor Cable Part:nen L.P., . california Liai:ted Par1:nerah1p doing bu81D_s as Sout:.b Bay cabln-i.iCDf C "Soutb Bar"). .L . ~ I ·...Ã,T Jill .. A. Sou'th Bay baa operated aDd cont.1Duei 1..0 operate a cable c01ll1lWticatioDII 1IYII't- in the C1 'ty pt.1Z'INaD1: to . franchise awarded t.o Hearst cablevl..1on uad ...igned 'to Br8mIor Cable Partners, L. P. on December 21, 1981, which ....1gJllNlnt was accepted by South Bay. B. Prior 'to a~ptiO~_bY the City of this Agreement, on the /!*f'It day of re.,,..,,,., 1'13, 'the City council adopted Ordinance Ho. , l- ,~ 7 , 4IDti1:led "City of Saratoc¡a Cable Communications Ordinance" ("Ordinance") which ahall govern this Agreement. ," c. Sou'th Bay haa requested 'that: iu franchise be renewed. D. The City Council haa deteraiDed'that 'the public interest would be served by . renewal of 'the franchi.e to South Bay. Ar:R'....W'1QIT - NOW THEREFORE, the City and South Bay do hereby agre. as follows: - 1. G,..Jllnt of' P'r-JIInchi se. '!'he City hereby grants to South Bay a nonexclusive franchi.. to provide 'the s.rvic_ of a cable communications system in 'that portion ot 'the City designated in Section 3 below as 'the "Franchise Terri tory," as required by the provisions of 'the ordinance end this Pranchi.e Agreement. This Agreement and 'the OJ:'dinence are the sole d.ocuments embodying the agreement pursuant to which South Bay shall provide services of a cable cOD1Dunications .ystem to the residents of the City, and may sometimes be collectively reterred to as 'the "Franchise Documents. II The Franchi.. DoCUJlents shall be anc:t consti tute the terms of the Franchi.. granted. to Sou'th Bay. 2. n-'fniti"ft, JII'nd Tnterpret~tion. All capitalized terms not c:tetined. in 'thi. Pranchi.. Agre-m: shall bave 'the meaning ascribed to 1:b_ in the ordinance. Par purpose. at contract interpretation, the City and South Bay agree that they are joint authors of bo'th this Av...~'-t.1 nt and the OJ:'dinance. 3 · PrJllnchi.e Teri.i tory. 'Ï'be -Franchise Terri tory" tor the Franchise is that area which i. wi 'thin 'the incorporated area of the City and any tuture ann~ations. 4. Acce'r'tJllnce. The City acknowledges that South Bay has already imlta11ed and eDUViaed dilt'tr1bu1:1on cable throuqhout most of the Pranchi.. 'left'it.ory. 8out:h Bay agrees to complet. th. bacJcbu11't CØftllt:rQatioD t:bJ:'an~~ 'tile :rranchise '!erri tory as required by pnviowa .~ vit:b.1D aix (6) months trom the Effective Date of t:h1a :rr..h4.. ~. "5. SUhIIcrih4l1'" ..,,~. (a) W:I:tbJ.D au 1IODt:hs aft:c t:b.e effective date of this Franchis., and CD aD 1Ulftaa1 ba818 'thuaat1:er, South Bay agree. to conduct a survey of 11:8 SUbscr1baz1l ~9 their preferences faT . additional video ca))le J:I.1wv,¡. - -i"9 aDd 'the SUbscriber.' willingness to pay the cart ofJlaViD9 II1ICh addit1cmal cable programming available. The survey IIball be in tara aDd nttstance reasonably satisfactory to the City. Soutb Bay &ball provide the City with thre. (3) copi.. of t:be ·ruul'tll ot t:he survey. 6. T(VV""~". tltVJtD. Ca) South Bay vi11 acti~t.e and _intain at least thirty- seven (37) channel. of cable jI...~,¡.--~-·-t~ t:hrouqh the end of 1994. As used in this ~, -cable t'''''v,¡..:~-'f",- shall.ean all video proqrUIIDine¡ availüle on the cable Syata, includine¡ without limitation the 1:ranai.sion and re1:ranai.sion of: local :broadcast siqnal., distant broadcast si9ftals, praiua .atellite siqnal., non- premiUJD .atellite .19ft&la, pay-per-viev, PEG p.L~",UDline¡, locally oriqinated progrA'llrlqing and alpbamDHric Qr character-generated information channels. " .-. - - .- (b ) Within ei9htean (18) months of the Effective Date of thi. Franchise, South Bay shall complete construction of an upgrade õf the Cable System ('--üw",;;.de-) a. briefly outlined in South Bay' .-- system tJpqraðe Proposal dated April 24, 1992, attached bereto marked Exhibit A and incorporated berein by reference, and subject to final review by tbe city. Tbe eighteen (18) .onth period for completion. of the U...,.tUde in a fom acceptable to th~ City are submitte4 to the City for its z:evlew and until the City notifies south Bay by certified mailing of either it. approval or disapproval of auch plana for the Upgrade. (c) South Bay llhall aa.ert. co.pletion of the Upgrade by filing a written Notice of Coapletion with the City Clerk, atatine¡ therein the total nUJDber of dwell1ne¡ unit., business establishments and other build,ine¡8 for which service i. available wi thin the Franchi.e Territory, channel capacity and other functional and technol09ical featuru of the cable syat:_ aa identified in the Franchis. DoC1.'lJD8D1:a. '!'be Notice of completion ahall certify to the City that all requi~t. of the Franchi.e Doctœent. with respect to the tJpqrad. have :been satisfied, but such Notice shall not be binding upon the City. 7. %Am. '!'he -rant of the Franchi.e c¡ranted herein shall be fift.en (15) year. from the Effective Date of the Franchi.e, .a· 2 -" that. term i. defined .in sect1cm 4.2 of t:he ordinance. 8. rl'l'llllll:I1I1H:y tCC8." ""-"".'.. (a) South Bay 1Iba11 __ avail.mle up to three (3) upstream and downsUu'P cbaJmal. em i't8 ...lc cable Service (as defined below) far public, e4üca'tioraal aDd VOVU'DJl8fttal use. The upstream portion of the PU:s1: Acca8. ctuumel shall originate at City Ball and ahall be operable DOt later t:b.aI1 .ix (6) months aft.er the Fffective Date of the Franchi.e. South Bay also aqr_s ;1:0 ~e available to the City vi'thout cb.arge a cbaracter-q~erator Which, wben connected. to 'the up~ portion of the First Access Channel, will allow the City to broadcallt text or a 80 called "crawl message" from City Ball. Additionally, South Bay agrees to provide to the City at DO cbarge, at the City'. request, any closed captioning or other ec¡uipaent which' i. or become. required by Federal or state law, (including but not limited to the Americans Disabilities Act) in order to provide live broadcasting of any Cit.y meetings. "Basic cable service" as UHd in this Aqreement sball mean that single service tier as defined 'in the cable Television Consumer Protection and ccrmpetition Act of 1992 and as supplement.ed by the "C-Span" and "eal-Span" Servlc.. where allowable under Federal Law. (b) When the cable syst_ has a 78 vldeo channel capacit.y and the First Acc..s Channel is 80t Fully utilized (a. defined below) for sixty (60) cOl'lllecutive c!a'1I*, then South Bay- ahall make available a second dOWJUltrelUl cbannel (the "Second Acce.s Channel") on its Basic Cable Service for public, educational and governmental use. The Second Ace..s Channel shall be made available within thirty (30) days of the First Acce.. CÞannel being Fully utilized.- If, at any time c02IIJDencing two (2) years after activation of the Second Access Channel, the pirst Acces. Channel and the' Second Access Channel are not 40t Fully Utilized on a combination basis during any twelve (12) month period, then. the Second Access Channel sball revert-to South Bay'. .ole use until suCh time.s the First· Access Chann~l again became. Fully utilized. (c) When the Second Access Channel is 80t Fully Utilized Cas defined below) for .ixty (60) conaecutive days, then South Bay shall make available a third downstre.. channel (the "Third Acce.. Channel") on it. Basic Cable Service for public, educational and governmental u.e. ':be Third Acce.. Channel .hall be made available within thirty (30) days of the Second Acce.. Channel being Fully utilized. If, a1: any time cOlal8nc1Dg two (2) year. after activat.ion of the Third Acce.. ·Channel, the Second Acce.. Channel and the Third Acce.. Cbannel are not 40t Fully Utilized on a combination ba.i. during any twelve (12) month period, the Third Access Channel shall revert to South Bay'. sole use until .ucb time as the Secand Acce.s Channel again become. Fully Utilized. (d) For the pUrpo.e of this Franchise Agreement, "Fully 3 - ..' Utilized- aba11 JIeaD t:hat (1) 'the SUbacr1bera, 'the C1ty and local educational iJWt1t:ut:101U1 bave ~ov1dll4 live, 'taped or character genarat.e4 jA.c",......ing for 'I:b.e 1I'tat.ed pa:'Caftt:ag_ of ~ between the hours of 7:00 p.a. and 11:00 p.a. C·8tatad BouzwW) and (1i) no mora t:.han one hour per day' of t:he prc;gr-....11'19 between 'th... hours consill'ts of cbaract.ez'-9l1Duat:.a4 prw".t......ing. 1Iben detenaininq the percentage of at.lli..1:ion em a CØllb1Ded basia, t::be total hours of progr--1ng OD each t'IItt..,."el during 'the stated Hours shall be divided·by 'the total hour8 of 't1Jle available for proc;ramming on each channel duri ~ the 1I'ta'te4 bc:n.Jr8. . 9. Provo( ~.i~. "'., P'lP.t: -0:''''''''''''''. All a aeans ' of sati.fying certain PEG ~ of t:be City, and not 1n lieu of the Franchi.e F_ payable t:o 'the City UDder 1:11e Ordinance and this Franchi.e Agre...t, GraDt.ee IIhall, v:l.1:hin 1:en (10) days of the Effective Date of t:h:1.. Fr-1'IcÞ1s. pay: ' (a) Up to Eleven Thousand Two Hundred Dollars ($11,200. 00) to the City for distribution ~ equal shares to the public schools located in the franchi.e area for their" various communications facilities and equi~t needs, (b) Pay 'l'hirty 'thouaand Dollars ($30,000.00) to the city for distribution to IBAR or for other City comaunications facilities and equipment needa. . ... _.,.:......,:;,tt.... _. ,~.~(~) ··.:~"25,000.OO both on or trdore April 30, 199'8 '4'nd April 30, 2003,' respectively, for di.tribution to tœAR and/or for other City communications faci11 ti.s and .quipaent ne.da J and ..."t' -..... ..:~ I[' !'" ,. ...·(cif.-¡.A total of -Fifteen Thousand Dollars ($15,000.00) to th.-- Ci tÿ;· pàyable at the rate of Pi ve Thousand Dollars C $5,000. 00) per year commencing- on the Effective Date of this Franchise and, on the next two succeediru¡ anniversary date. thereof to support and maintain the broadcast facilities in the City'. Communi~y Tbeatre, the equipping of wbich was perforaed by Grantee under-its previous franchise agre~t. 10. n,1 SCO"l'1t fo,- 9.n~ 0'- C." t i zens . South Bay shall voluntarily make available to Qualified Subscribers, as described below, a fifteen 'percent (15') discount on the fee for Basic Cable Service to the initial outlet for such services. The discount shall be available to persona South Bay determines meet the following criteria ("Qualified Subscrtberft): Any .ubscriber who is: (1) sixty (60) years of age or older: and (2) who is personally r..ponsible for the payment of the cable c:b.u9. and is cU.rect.ly billed by South Bay for cabl. .ervice. J and .. ,. (3) qua1ifi.. for ex.-ption fraa the City-. utility user'. Tax. only one (1) 1lUc:b reai4tmtial exellption 1lha11 be allowed 'to BDY 8Ueb þUIIOD. The discoun't ..11 be proapect.ive only and. for each elic¡ib1e subscriber IIhall ~ce 't 1:be l:teg1Jm1ng of the next ·bi11iD9 cycle after .9Z'e~t is nãched. J:Mrt:veen 't.be City and South Bay as to who is eligible for the di.count. - South .Bay shall notify. Jlubscriber8 of þe availability. of the discount at least once a year. 11. A~-n"'totY lJiJ1Pr. South Bay aball provide standby power qenerating capacl~ 'to npport the entire operating portion of the cable sys1:81l in. connect:ion with the ujIV.&....cI. referenced in Section 6 herein. SUch st.aDclby power 9enera'ting capacity shall' be subject to final revi.w by the city a. specified in Section 6(b) herein. 12. A",Ho ~.1"V"c.. South Bay agrees 'to provide service consisting of the ret:ransmisslon of net l..s than twenty-five (25) FM radio stations or other subll1:i'tut'.e audio-only services (.uch· as cable radio) available on the cable System. Subject to applicable federal law, the Grantee ..y ..ke an additional charge for both such .ervices. 13. R-ote r"'n~""'" -n" p.,..n~-' COntra' T ""ck. South Bay agrees to make rll1DO'te-cont:rol ~91ce.-available upon-the payment of any reasonable f.e 'to those subscribers who require a converter to receive cable reception on their remote-controlled cable television equipment to be able to change channels by remoté- control. South Bay further avree. 'to make available, at no chal'ge, - a parental c;ontrol d.vice, whether in the form of a separate unit or incorporated int.o a descrambler or other piece of equipment. used to provide cable t.elevision service, which is made operational by a key or a code, and whiCh enables the subscriber t.o p~event the viewing of' any pay channel offering adult. programminq.- . 14 . Test" na 01' ~he Svst.em. The Ci t.y may, at. any time, make arrangements to test, analyze and evaluate the performance ot the Cable System. South Bay shall reimburse the City for the reasonable costs ot 8udb testing and analysis only: (a) atter Grant.ee has been notified by the City of a technical deficiency and bas been given sixty (60) days to cure such; and, (b) the Grantee fails t.o either completely cure the technical deficiency or submit. a reasonable plan for curinq such. 15. Attornev·... Feelll. If one party to this Agreement sball insti tute any court action against 'the other party to this Agreement to enforce, or ~oncerning, any t.erm or provision of the 5 ,.- Franchi.. Doc:u:aaD'bI, t:b. prevailing par1:y 111 aucb action shall be entitled 'to Z'8COVC' all of i'ta aoll'ta of lit:1ption includin;, but not liait:tad 1:0, na.canabl. a1:1:oZ'Dey·. f_. 16. . app,..,...'h'~ T.aV. !tJJ.a ~ IIhall be construed according 'to aDd 9Ø'1~ 'UI'IISc" Cal1fomia x..w. 17. _""'.+".-rn", R4.",,... By 4IDt:ering int:o this Franchi.. Agr.emant aDd a~iDg t:he pzoaft"""'.e 1m4C' the Ordinance, neither the C1 ty . nor South Bay :baa _1".s fIllY .1".at. or federal constitutional righ'tll it _y now ba". or hereafter acquire. 18. 1I"'t 41!"!.~. Any DO'tice required to be g'iven by the Franchi.. DoCUlMmU .:ball be presamad gi"tm upon personal elelivery or thre. (3) clay. afur depollit: 1D t:h. UDi1:8d stat.. ..il, postage prepaid, properly adclnullI8d .. followa: ' TO THE em city Manager ci ty of saratoqa 13777 pruitval. Avenue TO Sotml BAY: BOU'tb Bay Cablevision 2700 scott Boulevard suta Clara, CA 95050 WITH COpy TO: InterNeelia PartDen 235 MoDt9am8rY s~..t, suit. 435 . San Francisco, CA .4104 .-- Either party ..y change it.s aeldress for the provision of notice by qi vinq the other party notice under the provisions of this paraqraph. - 19 . A~.eJlt.nt 'A.i n'-'i n~. '!'hi. Franchis. Agreement sball be binding on the succe..ors, transfer.., a.signs and tru.te.s of the partie. her.to. . . 20. ÀuthO,..i:r.ed PJ1rDose. '!'be cable System herein ·'franchised shall be used and operated solely and exclusively for the purpose expressly authorized by Ordinance of the City of Saratoga and no other purpose wbatsoev&r. PASSED AND ADOP1'£D by the ci toy Council of the City of Saratoga at a requ.lar _eting of said Council held on the 15th day of September , 1'.21., by the following vote of said Council: AYES; Counc; 1I1ellbers Anderson. Burger and Moni a NOES: Council.mber Kohler ABSEN'1': Mayor Tucker 6 . . .... -- %Jl IrL:'--SS II.IœRBor 'tbia I'ruch1ø ~ baa been execuud .. ot t:be åy aDd 7UI' tint above 1Ir1t:1:eD ~ t:be City of Saratoga P1U'llUara't to Jtuolut:.iQa of i'ta C1t:y ~,.t1. C'.tft OF SUUoca. a Califcrnia Corpont:1cl'l Municipal - . T ATTEsT: L. é'.-~._ GRACE E. COR!, õLjd C.Ift CI..BIŒ BRDxoa CABLE PARTHERs L.P., · Cal.tfomia Corporation .. ... ........ .. ~ ;¡~ tD ,"RozzcUc.. ./ /' (!EO, ~ O~'~S O:\OOZ7\8...1' 7