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Home My WebLink About07 - Ad Hoc Telecommunications CommitteeCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 June 8, 2004 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, Assistant City Manager 949/644 -3002 or dkiff @city.newport- beach.ca.us SUBJECT: Resolution 2004 - Ad Hoc Telecommunications Committee: Extension of Term ISSUE: Should the City Council extend the term of the Ad Hoc Telecommunications Committee to June 30,2005? RECOMMENDATION: Adopt Resolution 2004 extending the term of the Ad Hoc Telecommunications Committee to June 30, 2005. DISCUSSION: Background: In 2000, the City Council created the Ad Hoc Telecommunications Committee and asked it to address the following tasks: 1. Updating the City's Cable TV Ordinance and considering the development of a separate Wireless Telecommunications Facilities Ordinance; 2. The Development of a Community Needs Assessment; 3. The dissemination of appropriate information about the City's regulatory role regarding cable N and telecommunications. 4. The adoption of a City Council policy regarding the manner in which the City reviews and approves requests for telecommunications infrastructure easements on City property. Later, the Committee added franchise renewal discussions and negotiations (Task #5) with the community's two cable television providers (Cox and Adelphia). The Committee also worked with City staff to develop a Public Right of Way Ordinance (Task #6), which had its first reading at City Council on May 25, 2004. Extension of Term - Telecom Committee June 8, 2004 Page 2 Task #1, Task #2, Task #3, and Task #4 are complete. Task #5 is actively underway, and should be done by Fall 2004. As noted, Task #6 is addressed except for staff's commitment to develop amending language that specifically addresses the unique circumstances of wireless telecommunications carriers' use of the public rights -of -way. The Resolution (Resolution 2000 -97) adopting the Ad Hoc Telecommunications Committee said that the Committee's term would expire in "two years or three months after the City Council's approval of new Cable Television Franchise Agreements (estimated to be April 2002), whichever comes first." April 2002 came and went. The Franchise Agreements were extended several times - they currently expire in July 2004. The Committee needs to be extended to June 30, 2005 to ensure that the Franchise Agreements - once complete - are effectively administered and that any remaining issues (such as wireless telecommunications carriers' use of the public right of way) are addressed. Committee Action: None Environmental Review: The City Council's approval of this Agenda Item does not require environmental review. Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item). Funding Availability: Not applicable. Submitted by: C, k1A Dave Ki Assistant City Manager Attachments: Resolution 2000 - Resolution 2004 -_ Amended Text of Ad Hoc Telecom Committee for Boards, Commissions, and Committees binder. • Attachment A RESOLUTION NO. 2000 -97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH RELATING TO THE FORMATION OF AN AD HOC TELECOMMUNICATIONS COMMITTEE WHEREAS, the City of Newport Beach holds two separate non - exclusive franchise agreements with its community cable television providers, Comcast /Adelphia and Cox Communications; and WHEREAS, these Agreements both expire in January 2002; and WHEREAS, the City is obligated to prepare for the expiration of these Agreements by conducting a Community Needs Assessment which identifies and articulates those aspects of community cable television service that the community desires; and WHEREAS, the City is also home to residents and business owners who desire a • wide variety of telecommunications services, including high -speed data, voice, video, and wireless Internet; and WHEREAS, telecommunications providers have sought permission from the City to use City-owned facilities for telecommunications transmission (antenna) sites; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby forms the Ad Hoc Telecommunications Committee to address the following issues and have the following term and membership: ISSUES TO ADDRESS: • An Update of the City's Cable TV Ordinance and the possible development of a separate Telecommunications Ordinance; • The Development of a Community Needs Assessment; • The dissemination of appropriate information about the City's regulatory role regarding cable TV and telecommunications. • The adoption of a City Council policy regarding the manner in which the City reviews • and approves requests for telecommunications infrastructure easements. • TERM: The term of the Ad Hoc Telecommunications Committee shall be two years from the date of this resolution's adoption OR the Committee shall terminate three months after the City Council approves new cable television franchise agreements (anticipated to be in January 2002); MEMBERSHIP: Membership of the Ad Hoc Telecommunications Committee shall consist of two (2) members of the City Council and up to three members of the Newport Beach community, all appointed by the Mayor. City staff support shall come from the City Manager's Office, the City Attorneys Office, and the Department of Public Works. ADOPTED this 281h day of November, 2000. • ATTEST: LaVonne Harkless CITY CLERK • CH • STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing 7 resolution, being Resolution No. 2000.97 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of November, 2000, and that the same was so passed and adopted by the following vote, to wit: Ayes: Thomson, Glover, Adams, Ridgeway, Debay, O'Neil, Mayor Noyes Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the • official seal of said City this 291h day of November, 2000. (Seal) • City Clerk Newport Beach, California J Extension of Term - Telecom Committee June 8, 2004 Page 4 Attachment B RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING THE TERM OF THE AD HOC TELECOMMUNICATIONS COMMITTEE WHEREAS, the City of Newport Beach holds two separate non - exclusive franchise agreements with cable television providers, Adelphia and Cox Communications; and WHEREAS, these Agreements both expire in July of 2004; and WHEREAS, in anticipation of franchise renewals, the City formed an Ad Hoc Telecommunications Committee in November 2000 that: Worked with special counsel to develop a Cable Communications Franchises Ordinance, a Public Right -of -Way Ordinance, a Wireless Telecommunications Facility Ordinance, and a Council Policy regarding use of City property for Wireless Telecommunications Facilities; and ■ Conducted a Community Needs Assessment that identified those aspects of community cable television service that the community desires and led to the adoption of a Statement of Minimum Criteria for the City to follow regarding its Franchise renewals with Adelphia and Cox. WHEREAS, the City is also home to residents and business owners who desire a wide variety of telecommunications services, including high -speed data, voice, video, and wireless Internet; and WHEREAS, the final task assigned to the Telecom Committee in 2000 was to negotiate new Franchise Agreements with cable providers and, while this task nears its completion, it is not yet done; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby extends the term of the existing Ad Hoc Telecommunications Committee to June 30, 2005. ADOPTED this 8`h day of June, 2004. TOD W. RIDGEWAY Mayor of Newport Beach Extension of Term - Telecom Committee June 8, 2004 Page 5 ATTEST: LAVONNE HARKLESS City Clerk Extension of Term - Telecom Committee June 8, 2004 Page 6 Attachment C AD HOC TELECOMMUNICATIONS COMMITTEE AUTHORIZATION: Established by Resolution 2000 -_, adopted on November 28, 2000: term extended June 8. 2004. MEMBERSHIP: Two members of the City Council and up to three members of the Newport Beach community, all appointed by the Mayor. City staff support shall come from the City Manager's Office, the City Attorney's Office, and the Department of Public Works. PURPOSE & RESPONSIBILITIES: A. Ordinance(s) Update - Work with City staff to update the City's Cable Television Ordinance update and consolidate into one ordinance the Citv's policv with regards to use of the Public Rights- of -Way: and to create a separate Wireless Telecommunications ordinance (addressing wireless services, street encroachment fees, city infrastructure use fees, and antenna siting). B. Community Needs Assessment - Develop and conduct (with staff or expert assistance) a Community Needs Assessment between December 2000 and June 2001. C. Public Information -- Assist with explanation and community understanding City's regulatory ability (of lack thereof) regarding Cable Television. D. Council Policy on Use of City Facilities for Telecommunications -- Develop a Council Policy relating to the manner in which the City reviews and approves requests for telecommunications infrastructure easements —. E. Cable Franchise Agreements -- Oversee the negotiations between staff and cable providers reqarding any new cable service or renewal of franchise agreements. Section III - Page 13 RESOLUTION NO. 2004- 42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH EXTENDING THE TERM OF THE AD HOC TELECOMMUNICATIONS COMMITTEE WHEREAS, the City of Newport Beach holds two separate non - exclusive franchise agreements with cable television providers, Adelphia and Cox Communications; and WHEREAS, these Agreements both expire in July of 2004; and WHEREAS, in anticipation of franchise renewals, the City formed an Ad Hoc Telecommunications Committee in November 2000 that: Worked with special counsel to develop a Cable Communications Franchises Ordinance, a Public Right -of -Way Ordinance, a Wireless Telecommunications Facility Ordinance, and a Council Policy regarding use of City property for Wireless Telecommunications Facilities; and • Conducted a Community Needs Assessment that identified those aspects of community cable television service that the community desires and led to the adoption of a Statement of Minimum Criteria for the City to follow regarding its Franchise renewals with Adelphia and Cox. WHEREAS, the City is also home to residents and business owners who desire a wide variety of telecommunications services, including high -speed data, voice, video, and wireless Internet; and WHEREAS, the final task assigned to the Telecom Committee in 2000 was to negotiate new Franchise Agreements with cable providers and, while this task nears its completion, it is not yet done; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that it hereby extends the term of the existing Ad Hoc Telecommunications Committee to June 30, 2005. ADOPTED this 8`" day of June, 2004. MAYOR ATTEST: °°R�e CITY CLERK 4 �+ o s r` C4 L1 F04 STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2004 -42 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th day of June, 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of June, 2004. (Seal) City Clerk Newport Beach, California