CC RES 2007-127 RESOLUTION NO. 2007-127
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AUTHORIZING THE EXTENSION OF THE 2000 CABLE
TELEVISION FRANCHISE AGREEMENT WITH COX COMMUNICATIONS
WHEREAS, on October 17, 2000, the City Council adopted Resolution No. 2000-
71, thereby entering into a non-exclusive, ten-year Cable Television Franchise Renewal
Agreement with Cox Communications ("Agreement"); and,
WHEREAS, the Agreement includes a requirement that three system
performance audits be conducted following the second, fourth and sixth anniversary
dates of the Agreement. October 17, 2006, marked the sixth anniversary of the
Agreement; and,
WHEREAS, on September 4, 2007, the City Council reviewed the submitted data
and completed the third cable television system performance audit, and on September
18, 2007, the City Council adopted Resolution No. 2007-98 making the findings with
respect to the third cable television system performance audit and finding that the cable
operator is currently in compliance with the criteria evaluated; and,
WHEREAS, pursuant to Section 1.8 (b) of the Agreement, if the City Council
reasonably determines that the cable operator is in compliance with the performance
standards following the completion of the third system performance audit, the City
Council will place an item on an agenda to consider extending the term of the
Agreement for an additional period not to exceed five years beyond the initial 10-year
term.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1: The California Digital Infrastructure and Video Competition Act of 2006
("Act") became effective on January 1, 2007 and created a new process that requires
video service providers to obtain franchises from the state, thereby eliminating the need
to obtain a local franchise agreement from the City.
Section 2: Under the requirements of the Act, the incumbent cable operator, Cox
Communications, may apply for and receive a state video franchise at any time, which
would be effective no sooner than January 2, 2008.
Section 3: The City Council finds that it is in the best interests of the City to
extend the existing Agreement for an additional period of five years in order to preserve
the existing level of support for PEG services and other contractual obligations
contained in the existing Agreement, which are of significant value to the City.
Section 4: As a condition of approval of the extension, the City Council hereby
requires the incumbent cable operator, or any successors in interest, to continue to
continue to comply with its contractual obligations to maintain, at its sole expense, the
current level of support for local cable usage, as specified in Exhibit E of the Agreement,
through the duration of the extended term of the Agreement.
Section 5: The Cable Television Franchise Agreement authorized by Resolution
No. 2000-71 is hereby extended to October 17, 2015, subject to compliance with the
requirements of Section 4 of this Resolution and all other contractual terms and
conditions of the original Agreement.
PASSED, APPROVED, and ADOPTED this 4th day of ece -•er 20! .
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Attest: Ma , r
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City Clerk
State of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the
above Resolution No. 2007-127 was duly and regularly passed and adopted by the said
City Council at regular meeting thereof held on December 4, 2007.
g.:1//k_ i i `,, fi
City Clerk
Resolution No. 2007-127
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