2005 AGN APR 19 I04 (5/17/05 #4)

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Item #4 CITY OF COLTON AGENDA REPORT FOR THE COUNCIL MEETING OF APRIL 19, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: DARYL PARRISH, CITY MANAGER SUBJECT: APPROVAL OF CABLE TELEVISION FRANCHISE AGREEMENT WITH ADELPHIA CABLE DATE: APRIL 12, 2005 BACKGROUND/ANALYSIS: At its meeting on April 5`h, the City Council considered adoption of an ordinance approving a cable franchise agreement with Adelphia Cable, which is currently providing cable service within Colton under the provisions of an expired cable franchise agreement. The City Council requested that the franchise agreement be amended to include an obligation for Adelphia to repair private property damaged by Adelphia's activities. The City Attorney's office has attempted to negotiate appropriate franchise terms, and proposed language to Adelphia to reflect the Council's request. Adelphia has indicated that it will not accept most of the initial language proposed by the City Attorney's office, but may accept limited additional customer service obligations. We continue to work with Adelphia to come up with language that is acceptable to both parties. At the same time, Staff and Legal Counsel are also continuing to work diligently with Adelphia Cable in order to clarify their internal claims process for private property damage. Upon clarifying this process Staff would like to include language in the Franchise Agreement to satisfy the City Council's concerns as to this issue. We understand from Adelphia that such a process has been implemented in other municipalities, and Staff believes that Colton's franchise agreement should include similar language. FISCAL IMPACT: Positive fiscal impact through Adelphia's contribution of up -front and ongoing financial support for public access television. Franchise fees will remain unchanged. ENVIRONMENTAL IMPACT: None.