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Minutes 1993/10/12 I' ,. I: >f .,. 1)- It)l~,~ Roll Call Cable TV Adjrnmt. Adjourned Special Meeting October 12, 1993 Gilroy, California The City Clerk reported that the notice of this Adjourned Special meeting had been posted on October 12, 1993 at 9:00 a.m. (within 24 hours of the October 11, 1993 adjournment) and the Agenda posted on October 12, 1993 at 11:23 a.m. Present: Councilmembers: K. A. Mike Gilroy, Leonard A. Hale, Paul V. Kloecker, Sara C. Nelson, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage. 7:00 p.m. (Council Chambers). The Mayor stated that Council continued action on consider- ation of a resolution providing for the regulation of Basic Ser- vice Tier Rates and Related Equipment, Installation and Service Charges of any Cable Televisions System Operating in the City of Gilroy and authorizing execution of certificate of franchise authority to regulate basic cable service rates and initial finding of lack of effective competition to this time and place. City Administrator Baksa noted that Falcon Cable had re- submitted their previous letter agreement to agree, if Council postponed certification, that after December 31, 1993 they would notify the City of their initial rate changes to service levels that would qualify for local franchise rate regulation sixty days in advance of the effective date. Public Information Technician McCann further explained the rate setting process under the 1992 Cable Act. It was noted that the FCC rules regarding cost recovery in rebuilding a cable system have not been established to date. Discussion was had by Council on the matter. Mr. Bob Barky, Gilroy resident, addressed the Council and noted that he is opposed to Falcon Cable operations and that he has been attempting to obtain a community access television channel for Gilroy with no success. He requested Council certify its franchise authority to regulate basic cable service rates immediately without further delay. Mr. Jack Kazanjian, 831-3rd St., addressed the Council noting that he agrees with the previous speaker but not his solution. He noted to insure favorable rates the city must permit competition or the threat of competition noting that controlling rates will not allow the cable system to become the state of the art. He recommended that the City become certified. City Administrator Baksa noted that the franchise the City has with Falcon Cable is a non-exclusive franchise. Mr. Bruce Williams, Falcon Cable, noted that he takes offense to Mr. Barky's statements and noted that there are no channels available at this time for a public access channel. Further discussion was had by Council on the matter. Motion was made by Councilman Gilroy seconded by Council- woman Nelson by the following Roll Call Vote to delay certifica- tion of its franchise authority to regulate basic cable service rates until December 20, 1993: Ayes: Councilmembers: Gilroy, Hale, Nelson and Gage; Noes: Councilmembers: Kloecker, Rowlison and Valdez. At 7:27 p.m. the Mayor adjourned the meeting to a Study Session of the Council re: Anti-Violent Crime Report. Respectfully submitted, /(,f'1-~;J~? - fJt~ / City Clerk . 1