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CITY COUNCIL AGENDA ITEM NO. 24

Meeting Date: August 12, 2003

Subject/Title: Approve a Resolution correcting Resolution No. 2881.

Submitted by: Karen Diaz, City Clerk/Director of Administrative Services

Approved by: John Stevenson, City Manager

RECOMMENDATION
Approve a Resolution correcting Resolution No. 2881 to reflect the correct extension date of the deadline for response by Comcast to the City’s Request for Proposal dated September 4, 2002, from June 20, 2003 to July 21, 2003.

PREVIOUS ACTION
On May 27, 2003, the City Council adopted Resolution No. 2881 amending procedures for informal negotiation of cable television franchise renewal from June 1 to July 1, 2003.

BACKGROUND
Resolution No. 2881, adopted on May 27, 2003, incorrectly noted the extension dates for the response by Comcast to the City’s Request for Proposal dated September 4, 2002, to be from June 20, 2003 to July 23, 2003. The staff report prepared for the meeting of May 27, 2003, correctly reflects the intention of staff and the Council and states that the extension of the deadline for response to the City’s Request for Proposal dated September 4, 2002, was from June 20 to July 21, 2003. The correct dates had also been listed on the posted agenda prior to the Council meeting and minutes of the City Council Meeting held May 27, 2003.

An Errata Notice has been prepared and reflects the correct extension date for the response by Comcast from June 20, 2003 to July 21, 2003, which was the original intent of staff and Council.

FISCAL IMPACT
None.


Attachments:
Proposed Resolution
Resolution No. 2881 with Errata Notice
May 27, 2003 Staff Report
Excerpts May 27, 2003 Minutes

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD CONFIRMING ITS MAY 27, 2003 ACTION AND CORRECTING A TYPOGRAPHICAL ERROR IN RESOLUTION NO. 2881 TO CORRECTLY REFLECT THE EXTENSION DATE OF THE DEADLINE FOR RESPONSE BY COMCAST TO THE CITY’S REQUEST FOR PROPOSAL DATED SEPTEMBER 4, 2002, FROM JUNE 20 TO JULY 21, 2003.

WHEREAS, the City of Brentwood has tolled the time deadlines for the formal renewal process regarding the cable television franchise now held by Comcast of California IV, Inc.(“Comcast”); and

WHEREAS, during informal negotiations with Comcast, the City’s Telecommunications Committee continues to make significant progress toward a possible renewal agreement;

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby extends the date for tolling the timeframes of the formal renewal process and completion of a renewal agreement with Comcast from June 1, 2003 to July 1, 2003.

BE IT FURTHER RESOLVED that the deadline for response by Comcast to the City’s Request for Proposal dated September 4, 2002, is hereby extended from June 20, 2003 to July 21, 2003.


PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 12th day of August 2003 by the following vote:

RESOLUTION NO. 2881

A RESOLUTION OF THE CITY COUNCIL AMENDING PROCEDURES FOR INFORMAL NEGOTIATION OF CABLE TELEVISION FRANCHISE RENEWAL FROM JUNE 1 TO JULY 1, 2003.

WHEREAS, the City of Brentwood has tolled the time deadlines for the formal renewal process regarding the cable television franchise now held by Comcast of California IV, Inc.(“Comcast”); and

WHEREAS, during informal negotiations with Comcast, the City’s Telecommunications Committee continues to make significant progress toward a possible renewal agreement;

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby extends the date for tolling the timeframes of the formal renewal process and completion of a renewal agreement with Comcast from June 1, 2003 to July 1, 2003.

BE IT FURTHER RESOLVED that the deadline for response by Comcast to the City’s Request for Proposal dated September 4, 2002, is hereby extended from June 20, 2003 to July 23, 2003.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting held on the 27th day of May 2003, by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None
_______________________________
Brian Swisher,
Mayor

ATTEST:



__________________________________
Karen Diaz, CMC
City Clerk/Director of Administrative Services

 

THE CITY COUNCIL OF THE CITY OF BRENTWOOD

ERRATA NOTICE
JULY 24, 2003
ITEM NO. 5 – May 27, 2003
RESOLUTION NO. 2881

A RESOLUTION OF THE CITY COUNCIL AMENDING PROCEDURES FOR INFORMAL NEGOTIATION OF CABLE TELEVISION FRANCHISE RENEWAL FROM JUNE 1 TO JULY 1, 2003.

The changes/corrections are shown below in bold and strikethrough format indicates removed or changed language.

1. Revise Resolution No. 2881 to read as follows:

BE IT FURTHER RESOLVED that the deadline for response by Comcast to the City’s Request for Proposal dated September 4, 2002, is hereby extended from June 20, 2003 to July 23, 2003 July 21, 2003.





CITY COUNCIL AGENDA ITEM NO. 5


Meeting Date: May 27, 2003

Subject/Title: Amendment of Procedures for Informal Negotiation of Cable Television Franchise Renewal from June 1 to July 1, 2003.

Submitted By: Dennis Beougher, City Attorney
___________________________________________________________________________

RECOMMENDATION
Approve a resolution amending the “Renewal Negotiation Process Terms” to extend the tolling of the time requirements for “formal” renewal proceedings under Section 626 of the Cable Act from June 1 to July 1, 2003. Also approve an extension of the deadline for response to the City’s Request for Proposal dated September 4, 2002, from June 20 to July 21, 2003.

PREVIOUS ACTION
On November 26, 2003, City Council adopted “Renewal Negotiation Process Terms” for undertaking informal negotiation of the renewal of the cable television franchise formerly held by AT&T Broadband and now held by Comcast of California IV, Inc. (“Comcast”). Those terms included the tolling of the time requirements for “formal” renewal proceedings under Section 626 of the Cable Act to March 1, 2003. They also included the extension of the deadline for Comcast to respond to the City’s Request for Proposal dated September 4, 2002, to March 20, if informal negotiations had not resulted in an agreement by March 1, 2003. On February 25, 2003, the City Council extended the tolling of the time requirements from March 1, 2003 to April 1, 2003 and the deadline for response to the City’s Request for Proposal from March 20, 2003 to April 22, 2003. On March 25, 2003, the City Council again extended those deadlines from April 1, 2003 to June 1, 2003 and from April 22, 2003 to June 20, 2003.

BACKGROUND
The Telecommunications Committee of the City Council has conducted informal negotiations with representatives of Comcast pursuant to the “Renewal Negotiation Process Terms.” The Committee believes that it is close to completing those negotiations, as reported to Staff by the City’s Telecommunications Consultant, David Kinley. Therefore, Staff recommends that the deadline for completion of an informal franchise renewal agreement be extended from June 1, 2003 to July 1, 2003. Likewise, Staff recommends that the companion date for Comcast’s response to the City’s Request for Proposal dated September 4, 2002, be extended from June 20, 2003 to July 21, 2003.

FISCAL IMPACT
None.

Attachments:
Resolution

Minute Excerpt
May 27, 2003

Item 5 Approved Resolution amending the “Renewal Negotiation Process Terms” to extend the tolling of the time requirements for “formal” renewal proceedings under Section 626 of the Cable Act from June 1 to July 1, 2003. Also approve an extension of the deadline for response to the City’s Request for Proposal dated September 4, 2002, from June 20 to July 21, 2003.

Council Member Beckstrand asked what Comcast was doing to address issues before moving forward in an extension of the negotiating time.

Phillip Arndt, Government Affairs Manager for Comcast, noted that construction had gone on as part of ugrading the system to offer advanced services such as high-speed data and advanced channel line up. He said that Comcast had worked with a contractor, Cablecom, for the system upgrade and the violations were committed by Cablecom. The violations were serious and he apologized on behalf of Comcast. Action steps proposed and were agreed to with City staff, were to take care of violations on any and all permitted worksites and taking that plan and moving forward with the upgrade.

Ed Marquetti, Regional Vice President of Engineering for Comcast, spoke about the action steps taken and the steps that would continue to be taken throughout the upgrade process. The locations that did not meet the approval of Comcast would be worked out with Cablecom to assure that the problems were corrected to meet the satisfaction of the City. All locations would have a final inspection and digital photos of before and after required would be required to assure satisfaction. All underground locations with issues would be dealt with in a timely manner to assure that there was a quality network to view for the residents.

RESOLUTION NO. 2881

A RESOLUTION OF THE CITY COUNCIL AMENDING PROCEDURES FOR INFORMAL NEGOTIATION OF CABLE TELEVISION FRANCHISE RENEWAL FROM JUNE 1 TO JULY 1, 2003
It was moved/seconded by Petrovich/Beckstrand to waive full reading and approve Resolution No. 2881. Motion passed by the following vote:

AYES: Councilmembers Beckstrand, Gutierrez, Hill, Petrovich, Mayor Swisher
NOES: None
ABSENT: None
ABSTAIN: None

 

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