HomeMy WebLinkAboutAgenda Report - March 1, 2006 E-08AGENDA ITEM e4A
&a% CITY OF LODI
COUNCIL COMMUNICATION
AGENDA TITLE: Adopt Resolution Rescinding Resolution No. 2005-264 Regarding SBC
Encroachment Condition
MEETING DATE: March 1, 2006 City Council Meeting
PREPARED BY: City Attorney
RECOMMENDED ACTION: Rescind Resolution No. 2005-264 regarding SBC Encroachment
Condition
BACKGROUND INFORMATION: Council adopted an encroachment permit condition for SBC's
Project Lightspeed on December 21, 2005. Subsequently, the 9th Circuit issued its decision in Sprint v.
City of La Canada Flintridge which may impact the Council's action. Staff therefore requests that Council
rescind Resolution No. 2005-264 to permitfurther legal analysis.
FISCAL IMPACT: None
FUNDING AVAILABLE: Not Applicable.
Steve Stchwabauer, City Attorney
APPROVED: / �;?
Blair King, City Manager
RESOLUTION NO. 2006-35
A RESOLUTION OF THE LODI CITY COUNCIL
RESCINDING RESOLUTION NO. 2005-264 RELATING
TO THE APPROVAL OF THE SBC ENCROACHMENT
PERMIT CONDITION (VIDEO PROGRAMMING
LIMITATION) FOR NEW FACILITIES INSTALLATIONS
WHEREAS, the Lodi City Council adopted Resolution No. 2005-264 at its
meeting held December 21, 2005, approving an encroachment permit condition
for SBC's Project Lightspeed Project; and
WHEREAS, subsequently, the 9t' Circuit issued its decision in Sprint v.
City of La Canada FlintridQe, which may impact the Council's action; and
WHEREAS, staff therefore requests that Council rescind Resolution
No. 2005-264 to permit further legal analysis.
NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council hereby
rescinds Resolution No. 2005-264 relating to the approval of the SBC Encroachment
Permit Condition (Video Programming Limitation) for new facilities installations and its
inclusion on all future SBC Encroachment Permits issued for facilities installation.
Dated: March 1,2006
I hereby certify that Resolution No. 2006-35 was passed and adopted by the Lodi
City Council in a regular meeting held March 1, 2006, by the following vote:
AYES: COUNCIL MEMBERS —Beckman, Johnson, Mounce, and
Mayor Hitchcock
NOES: COUNCIL MEMBERS — None
ABSENT: COUNCIL MEMBERS — Hansen
ABSTAIN: COUNCIL MEMBERS— None
SUSAN J. SLAC STON
City Clerk
2006-35