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HomeMy WebLinkAboutCommunity CablevisionORDINANCE NO. 1891 AN ORDINANCE OF THE CITY OF NEWPORT BEACH RENEWING A NON - EXCLUSIVE FRANCHISE WITH COMMUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN SAID CITY The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Definitions. Wherever in this ordinance the following words or phrases are used, they shall have the respective meanings assigned to them in the following definitions; and words or phrases not defined in this section which are defined in any franchise docu- ment shall have the same meaning in this ordinance assigned to them in such franchise document, unless the context in which they are used shall clearly indicate a different meaning: (a) "Community Antenna Television Systems" or "CATV System" shall mean a system employing antennae, microwave, wires, waveguides, coaxial cables or other conductors,.equipment or facilities designed, constructed or used for any or all of the following purposes: (1) collecting or amplifying local and distant broadcast television, satellite, microwave or radio signals and distributing and transmitting them; (2) transmitting original cablecast programming not received through television broadcast signals; (3) transmitting television pictures, film and video tape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; or transmissions, (4) transmitting or receiving two -way signals (5) providing data transfer capability in any shape or form, including that of a security system or a common carrier should CATV systems ever be so defined by Federal rule or regulation; M ft (6) transmitting or receiving all other signals whether digital, voice or audio visual. (b) "Grantee" shall mean the Community Cablevision Company, a wholly -owned subsidiary of The Irvine Company, a Michigan corporation, its employees, agents, successors and assigns. (c) "Gross Annual Receipts" shall mean any and all compensation and other consideration, in any form whatsoever, and any contributing grant or subsidy received directly or indirectly by Grantee from: (1) subscribers or users in payment for any CATV system services, including television broadcast, satellite, microwave, or FM radio signals, reception or service received within the City or transmitted in any shape or form from the City for which local subscribers or users make payment, whether said signals, reception or service is included within the terms "Basic Subscriber Services" or "Non Basic Services ", as said terms may be defined in the Municipal Code, as well as any installation or line extension charges therefor; (2) any other compensation for utilization of or connection to the property of Grantee used within the City, including the sale, rental or provision of any equipment, parts or add -ons to be used in connection with the CATV system; (3) notwithstanding the above, Gross Annual Receipts shall not include any taxes on services furnished by the Grantee and imposed directly on any subscribers or users by any City, State, or other governmental unit and collected by the Grantee for such governmental unit. (d) "Franchise Documents" shall mean and shall include all of the following: of Newport Beach; (1) Article XIII of the Charter of the City (2) of the Newport Beach Municipal Code as thelsame now exists or as it may hereafter be amended; QQ�w�ca� � "� y SR° .Z® ' a /)` 1 L -2- El (3) Any and all rules and regulations govern- ing the operation of CATV Systems within the City of Newport Beach which are adopted by the City Council; (4) The written acceptance of CATV Franchise filed with the City by the Grantee. SECTION 2. Grant of Franchise. There is hereby granted to the Community Cablevision Company, a wholly -owned subsidiary of The Irvine Company, a Michigan corporation, by the City of Newport Beach, a nonexclusive franchise to construct, erect, operate and maintain in, upon, along, across, above, over and under the public streets, alleys, public ways and public places, now or in the future dedicated for public use in the City, poles, wires, cables, underground conduits, man- holes and other television conductors, appurtenances and fixtures necessary or convenient for the maintenance and operation in the City of Newport Beach, of a community antenna television system to transmit television, FM radio and other signals within the franchise area described as follows; "That portion of Blocks 51, 55, 56, 57, 92, 93, and 96 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 1, Page 8.8 of Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows: Beginning at the West corner of said Block 96; thence Southeasterly along the Southwesterly line of said Block 96 to the Easterly corner of Tract No. 673 as per map recorded in Book 20, Pages 17 and 18 of Miscellaneous Maps, said corner being also an angle point in the boundary of the Harbor View Annexation to the City of Newport Beach as established by City Ordinance No. 896; thence. Northeasterly along said boundary to an angle point in the boundary of Annexa- tion No. 57 to the City of Newport Beach as established by Resolution No. 6203, dated August 9, 1965, of the City of Newport Beach Council and amended by Resolution No. 6247, dated November 8, 1965, said point being the Southerwesterly terminus of that certain course described therein as "North 440 56' 20" East 114.30 feet "; thence generally Northeasterly and Northwesterly along said boundary to the Easterly right of way line of MacArthur Boulevard, 100.00 -feet wide as described in the deed recorded in Book 1047, Page 557 of Official Records; thence generally Northerly along said Easterly right of way line being also the boundary of Annexa- tion No. 50 to the City of Newport'Beach as established by City Ordinance No. 999 to the Southeasterly line of said Block 56; thence Southwesterly along said South- easterly line being also said boundary of Annexation No. 50 to the Westerly right of way line of said MacArthur Boulevard; thence Northerly along said 3 a ft Westerly right of way line being also the boundary of the Jamboree Road.Annexation to the City of Newport Beach as established by City Ordinance No. 840 to the center line of Palisades Road, 80.00 feet wide, as described in the deed recorded in Book 1677, Page 98 of Official Records; thence Westerly and Northwesterly along said center line to the center line of Jamboree Road, 132.00 feet wide, as described in the deed recorded in Book 6135, Page 155 of Official Records, thence generally South- westerly along said center line of Jamboree Road to the center line of State of California Highway Route ORA. 60 -B, 100.00 feet wide, as described in the deed recorded in Book 487, Page 3 of Official Records; thence Easterly along said State Highway center line to the Southwesterly line of said Block 55; thence Southeasterly along said Southwesterly line and the Southwesterly line of said Block 93 to the point of beginning." The CATV system herein franchised shall be used and.operated solely and exclusively for the purposes expressly authorized by ordinance of the City of Newport Beach and no other purposes whatsoever. SECTION '3. Nonexclusive Grant. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places to any person, at any time, during the term of this franchise. SECTION 4. Term of Franchise. The term of this franchise shall be ten C10) years, commencing on January 27, 1982, provided that the Grantee has filed written notice of acceptance in accordance with the requirement of Section 10 of this ordinance. SECTION 5. Inclusion of Franchise Documents. All of the franchise documents applicable to this franchise are hereby incorporated by reference and made a part of this ordinance. By acceptance of this franchise, Grantee agrees to be bound by all of the terms, provisions and conditions contained in said franchise documents. SECTION 6. Indemnification of the City. Grantee agrees that it shall indemnify and hold harm- less the City, its officers, boards, commissions, agents and employees against and from any and all claims, demands, actions, -4- f to suits, liabilities and judgements of every kind and nature and regardless of the merit of same arising out of or related to the exercise or enjoyment of this franchise by Grantee, including claims, demands, actions, suits, liabilities and judgements based upon copyright infringement, except those resulting from the sole negligence or willful misconduct of the City; Grantee further agrees that it will reimburse City for any costs and expenses incurred by City in defending against any such claim or claims, including attorneys' fees, accountant's fees, expert witness or consultant's fees, court costs, per diem expenses, travel and living expenses; Grantee further agrees that upon demand of the City, it will appear in and defend any and all suits, actions or other legal proceedings, whether judicial, quasi- judicial, administrative, legislative or otherwise brought by third persons or duly constituted authorities against or affecting the City, its officers, boards, commissions, agents or employees and arising out of, or pertaining to, the exercise or enjoyment of such franchise or the granting thereof by the City. The foregoing obligations shall exist and continue without reference to, or limitation by, the amount of any bond, policy of insurance, deposit, undertaking or other security required hereunder; provided, that neither Grantee nor City shall make or enter into any compromise or settlement of any claim, demand, action or suit for monetary damages, without first giving the other ten (10) days' prior written notice of its intention to do so. SECTION 7. Right of City to Adopt Additional Rules and Regulations. The right is hereby reserved to the City of Newport Beach to adopt, in addition to the provisions contained in this ordinance, and in any other applicable ordinances and resolutions, such additional regulations as it shall determine to be necessary or convenient in the exercise of its police power. SECTION 8. Prohibited Activities of Grantee. Grantee shall be prohibited from directly or indirectly doing any of the following. -5- 0 (a) Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets, radios or other receiving apparatus, or any part or component thereof; (b) Providing any repair service to its subscribers, for a fee or otherwise, which extends beyond the connection of and maintenance for its service, and the determination by Grantee of the quality of its signal to its subscribers; (c) Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to any specifically named persons, firms or corporations engaged in any business which Grantee is prohibited from engaging in by the provisions hereof. SECTION 9. Transfer of Franchise. This franchise shall not be sold, transferred, assigned, leased or otherwise disposed of, in whole or in part, by voluntary or involuntary sale, merger, consolidation or otherwise, without the prior consent of the ..City Council of the City of Newport Beach, expressed by resolution, and then upon such terms and conditions as the City Council may prescribe. No sale, transfer, assignment or lease shall be effective unless and until the vendee transferee, assignee or lessee has filed, in the office of the City Clerk, an instrument, duly executed and approved as to form and content by the City Attorney, reciting the fact of such sale, transfer, assignment or lease, accepting the terms of the franchise and agreeing to perform all the conditions thereof, including any additional conditions required by the City Council. SECTION 10. Acceptance of Franchise. This franchise shall not become effective, for any purpose, unless and until written acceptance thereof shall have been filed with the City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall be and operate as,an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council.. Said written acceptance shall be filed by the Grantee not later than 12 :01 P.M. of the fifteenth (15th) day next following the date of the adoption -6- a ft by the City Council of the ordinance; and, if default of the filing of such written acceptance by any such Grantee shall not be received by the City Clerk, then such Grantee shall have no rights, remedies or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and, then, upon such terms and conditions as the City Council may impose. SECTION 11. Acceptance Fee. The Grantee shall, upon the acceptance of this franchise, pay to the City of Newport Beach,.in consideration of the granting of this franchise, the sum of '$2,000.00 as and for an Acceptance Fee. SECTION 12. Annual Franchise Fee. The Grantee shall pay annually to the City of Newport Beach, during the life of this franchise, for the privilege of operating a CATV system under this franchise, a sum equivalent to five percent(5%) of the gross annual receipts derived from all of its cable services in the community, including but not limited to, pay T.V., premium services and advertising. Furthermore, Grantee agrees to support any application the City of Newport Beach may make to the Federal Communication Commission for a waiver of any franchise fee limitation which would permit retention of the five percent(5%) fee. SECTION 13. Effective Date. This ordinance shall become effective 30 days from and after the date of its adoption; provided, however, that the franchise hereby granted shall not become effective unless and until the Grantee files written acceptance thereof in the manner specified in Section 10 of this ordinance and delivers such i�L. acceptance in accordance with the requirements of Title 5 of Cj Chapter 5.44 of the Newport Beach Municipal Code. SECTION 14. Publication. This ordinance shall be published once in the official newspaper of the City. -7- E71 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of November , 1981, and was adopted on the day of NOV 23 , 1981, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCILMEMBERS: NOES, COUNCILMEMBERS: ABSENT COUNCILMEMBERS: Q� MAYOR a 1256 66 0 I' ;t ORDINANCE NO. 1196 i AN ORDINANCE OF THE CITY OF NEWPORT BEACH GRANTING TO COMMUNITY CABLEVISION COMPANY A NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN SAID CITY The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Definitions. Wherever in this ordinance the following words or phrases are used, they shall have the respective meanings assigned to them in the following definitions; and words or phrases not defined in this section which are defined in any franchise document shall have the same meaning in this ordinance assigned to them in such fran- chise document, unless the context in which they are used shall clearly indicate a different meaning: (a) "City" shall mean the City of Newport Beach in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form. (b) "Council" shall mean the present governing body of the City, or any future board constituting the legislative body of the City. (c) "Person" shall mean any individual, firm, partner- ship, association, corporation, company or organization of any kind. (d) "Grantee" shall mean the Community Cablevision Com- pany, a division of The Irvine Company, a West Virginia corporation, its employees, agents, successors and assigns. (e) "Community Antenna Television System" or "CATV System" shall mean a system of antennae, coaxial cables, wave guides, poles, wires, underground conduits, manholes and other conductors, equipment or facilities designed, constructed or used for the purpose of providing television, radio or other service by cable or through its facilities as herein contemplated. CATV shall not mean or include the transmission of any special program or event fort subscriber in television. (f) receiving for (g) � . a which a separate and distinct charge is made to the` the manner commonly known and referred to as pay "Subscribers" shall mean any person or entity any purpose the CATV service of the Grantee herein. "Gross Annual Receipts" shall mean any and all com- pensation in the form of gross rental and /or service receipts, including initial installation charges, received directly or in directly from subscribers or users in payment for CATV` services received within the City. Gross annual receipts shall not include any taxes on services furnished by the Grantee imposed directly on any sub- scriber or used by-any-city, state or.other governmental unit and collected by the Grantee for such governmental.unit. (h) "Franchise Area" shall mean the territory within the City throughout which Grantee shall be authorized to construct, maintain and operate its system and shall include any enlargements thereof and additions thereto. .(i) "Franchise Documents" shall mean and shall include. all of the following; (1) Article XIII of the Charter of the City of Newport Beach. (2) Chapter 5.44 of Title 5 of the Newport Beach Municipal Code as the same now exists or as it may hereafter be amended. (3) Any and all rules and regulations governing the operation of CATV Systems within the City of Newport Beach which are adopted by the City Council. (4) The written acceptance of CATV Franchise filed with the City by the Grantee. (j) "Street" shall mean the surface of and the space above and below any public street, road, highway, freeway, lane,. 2. path, alley, court, sidewalk, parkway, or right of way whether or not improved, now or hereafter existing as such throughout the City. SECTION 2. Grant of Franchise. There is hereby granted to the Community Cablevision Company, a division of The Irvine Company, a West Virginia corpo- ration, by the City a nonexclusive franchise to construct, erect, operate and maintain, in, upon, along, across, above, over and under the public streets, alleys, public ways and public places,: now or in the future dedicated for public use in the City, poles, wires, cables, underground conduits, manholes and other television conductors, appurtenances and fixtures necessary or convenient for the maintenance and operation in the City of a community antenna television system to transmit television and FM radio signals, within the franchise area described as follows: That portion of Blocks 51, 55, 56, 57, 92, 93, and 96 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows: Beginning at the West corner of said Block 96; thence Southeasterly along the Southwesterly line of said Block 96 to the Easterly corner of Tract No. 673 as per map recorded in Book 20, Pages 17 and 18 of Miscellaneous Maps, said corner being also an angle point in the boundary of the Harbor View Annexation to the City of Newport Beach as established by City Ordinance No. 896, thence Northeasterly along said boundary to an angle point in the boundary of Annex- ation No. 57 to the City of Newport Beach as estab- lished by Resolution No. 6203, dated August 9, 1965, of the City of Newport Beach Council and amended by Resolution No. 6247, dated November 8, 1965, said point being the Southwesterly terminus of that certain course described therein as''North 44° 56' 20" East 114.30 feet "; thence generally Northeasterly and North- westerly along said boundary to the Easterly right of way line of MacArthur Boulevard, 100..00 feet wide as described in the deed recorded in Book 1047, Page 557 of Official.Records; thence enerally Northerly along said Easterly right of way line being also the boundary of Annexation No. 50 to the City of Newport 3. I M • �. .. co co Beach as established by City Ordinance No. 999 to the Southeasterly line of said Block 56; thence South- westerly along said Southeasterly line being also said boundary of Annexation No. 50 to the Westerly right of way line of said MacArthur Boulevard; thence Northerly along said Westerly right of way line being also the boundary of the Jamboree Road Annexation v to the City of Newport Beach as established by City Ordinance No. 840 to the center line of Palisades Road, 80.00 feet wide,, as described in the deed re- corded in Book 1677, Page 98 of Official Records; thence Westerly and Northwesterly along said.,.center line to the center line of Jamboree Road, 13A.00 feet wide, as described in the deed recorded in Book 6135, Page 155 of Official Records, thence generally South- westerly along said center line of Jamboree Road to the center line of State of California Highway Route ORA. 60 -B, 100.00 feet wide, as described in the deed recorded in Book 487, Page 3 of Official Records; thence Easterly along said State Highway center line to the Southwesterly line of said Block 55; thence Southeasterly along said Southwesterly line and the Southwesterly line of said Block 93 to the point of beginning. The CATV system herein franchised shall be used and operated solely and exclusively for the purposes expressly authorized by ordinance of the City of Newport Beach and no other purposes whatsoever. SECTION 3'. Nonexclusive Grant. The right to use and occupy said streets, alleys, public ways and places for the purposes herein set forth shall not be exclusive, and the City reserves the right to grant a similar use of said streets, alleys, public ways and places to any person at any time during the term of this franchise. SECTION 4. Term of Franchise. The term of this franchise shall be fifteen (15) years and shall commence at 12:01 P.M. on the effective date of this ordinance, provided that the Grantee has filed written notice of acceptance in accordance with the requirement of Section 10 of this ordinance. SECTION 5. Inclusion of Franchise.Documents. All of the franchise documents applicable to this fran- chise are hereby incorporated by reference and made a part of this ordinance. By acceptance of this franchise Grantee agrees 4. to be bound by all of the terms, provisions and conditions contained in said franchise documents. SECTION 6. Indemnification of the City. .�I Grantee agrees that it shall indemnify and hold harmless the City, its officers, boards, commissions, agents and employees against and from any and all claims, demands, actions, suits, liabilities and judgments of every kind and nature and regardless of the merit of the same, arising out of or related to the exercise or enjoyment of this franchise by Grantee, including claims, demands, actions; suits, liabilities and judgments based upon copyright infringement; Grantee further agrees that it will reimburse City for any costs and expenses incurred by City in defending against any such claim or claims, including attor- neys' fees, accountant fees, expert witness or consultant fees, court costs, per diem expense, travel and living expense; Grantee further agrees that upon demand of the City it will appear in and defend any and all suits, actions, or other legal proceedings whether judicial, quasi - judicial, administrative, legislative, or otherwise, brought by third persons or duly constituted authori- ties against or affecting the City, its officers, boards, commis- sions, agents or employees and arising out of or pertaining to the exercise or enjoyment of such franchise, or the granting thereof by the City; the foregoing obligations shall exist and continue without reference to or limitation by the amount of any bond, policy of insurance, deposit, undertaking or other security required hereunder; provided that neither Grantee nor City shall make or enter into any compromise or settlement of any claim, demand, action or suit for monetary damages without first giving the other ten (10) days' prior written notice of its intention to do so. SECTION 7. Right of City to Adopt Additional Rules and Regulations. The right is hereby reserved to the City to adopt, in 5. addition to the provisions contained in this ordinance and in any other applicable ordinances and resolutions, such additional regu- lations as it shall determine to be' necessary or convenient in the exercise of the police power. " SECTION 8. Prohibited Activities -of Grantee. Grantee shall be prohibited from directly or indirectly doing any of the following- (a) Engaging in the business of selling at retail, leasing, renting, repairing or servicing of television sets, radios or other receiving apparatus, or any part or component thereof. . (b) Providing any repair service to its subscribers, for a fee or otherwise, which extends beyond the connection of its service and the determination by Grantee of the quality of its signal to its subscribers. (c) Soliciting, referring, or causing or permitting the solicitation or referral of any subscriber to any specific named persons, firms or corporations engaged in any business which Grantee is prohibited from engaging in by the provisions hereof. (d) Transmitting or presenting any programs or events for which a separate and distinct charge is made to the subscribers in the manner commonly known and referred to as "pay television ", and the Grantee shall not maintain or operate on any television set a coin box or any other device or means for the collection of money for individual programs. SECTION 9. Transfer of Franchise. This franchise shall not be sold, transferred, assigned, leased or otherwise disposed of in whole or in part by voluntary or involuntary sale, merger, consolidation, or otherwise, without the prior consent of the City Council expressed by resolution,, and then upon such terms and conditions as the Council may pre- scribe. No sale, transfer or assignment shall be effective until 6. the vendee, assignee or lessee has filed in the.office of the City Clerk an instrument, duly executed and approved as to form and content by the City Attorney, reciting the fact of such transfer; ® sale, assignment or lease, accepting the terms of the franchise, and agreeing to perform all the conditions thereof, including any additional conditions required by the City Council. SECTION 10. Acceptance of Franchise: This franchise shall not become effective for any pur- pose unless and until written acceptance thereof shall have been filed with the City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall be and operate as ari acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day next following the.date of the adoption by the Council of this ordinance; and, in default of the filing of such written acceptance as herein required, Grantee shall be deemed to have rejected and repudiated the same; and thereafter, the acceptance of any such Grantee shall not be re- ceived by the City Clerk, and such Grantee shall have no rights, remedies, or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and then upon such terms and conditions as the Council may impose. SECTION 11. Acceptance Fee. The Grantee shall, upon the acceptance of this franchise, pay to the City, in consideration of the granting of this fran- chise, the sum of $2,000. SECTION 12. Annual Franchise Fee. The Grantee shall pay annually to the City during the 7 life of this franchise for the privilege of operating a CATV system under this franchise a sum equivalent to three per "cent (3 %) of the annual gross receipts derived from its operations • within the City. 40 z SECTION 13. Effective Date. This ordinance shall become effective 30 days from and .: after the date of its .adoption; provided, however, that the fran- chise hereby granted shall not become effective unless and until the Grantee files written acceptance thereof in the manner specified in Section 10 of this ordinance and delivers to the i City all bonds and insurance policies required to be furnished in accordance with the requirements of Chapter 5.44 of Title 5'of the Newport Beach Municipal Code. SECTION 14. Publication. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day. of December , 1966, and was adopted on the 27th day of December. , 196 6, by the following vote, to wit: AYES, COUNCILMEN: Parsons, Rogers., Marshall,, . Forsit, Shelton NOES, COUNCILMEN: None. ABSENT COUNCILMEN: Cook, Gruber ATTEST: , 4Z�adA4 At Aedt g C c ff11 Vice Mayor 8. ;t`'`' -Fi1` LOu%m Clip "1` ";107 HAC s •;!• Mayor and City Council City of Newport Beach, CA 3300 Newport Blvd. Newport Beach, CA 92660 ���6°jj;C f/1p!gN CO4i iL AGENDA. 1N 7 1214 Keel Drive Corona Del Mar, CA Sept. 14, 1989 I wish to lodge a complaint against Cabelvision Company, 1070 Camelback St., Beach, CA. A. mL Community Newport I recently received one of many letters from them increasing their cost. Within the past year and a half, I have received 4 t 5 letters the same as I recently received . Each letter spoke of "While striving to keep rates at a minimum " Each of the letters spoke of "the ever increasing cost of programming ... ". I'll just say "hogwash ", and not refer to that well -known horse phrase, ::'sE%iT7tx Each of the - letters raising their prices was ?! v iF,'ayOf sent from three different locations, i.e., San � unciftil Francisco, Phoenix, Connecticut, and Newport Beach. ;C lwgef Those hogwash letters have increased my rated from stlieiney :$9.00 (approx) to the future $14.00 (approx). 1 '•� Git That's a 50% raise within a very short time .... ` 1w54' without any, nil, zip, nada., gar nichts raise in 6service or any additionals. `ices f'hid [)ti As you gentlemen approve or disapprove of their license to operate in this city, I ask your kind help 7ro� for looking into this matter. Si re y, G.A. Gould va' 9 RAitDCLi fj H. PRICE 9 BREAKWATER DR. CMM DEL MAR, CA. 92625 L cad(,/ a'a-- A� C-7 F-4 (d) By BE CITY COUNCIL CITY OF NEWPORT BEACH JUN 2 2 1987 4z— -L- -- TO. �'Nii ey ir 0 >i Dir r��, 6-27 �11� 16 J. Donald S. McNutt President July 1, 1986 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P.O. Box 1768 Newport Beach, California 92658 -8915 Dear Ken: Enclosed is the executed acceptance of the cable television franchise granted to Community Cablevision Company by the City Council on June 23, 1986 under Ordinance No. 86 -16. A check in the amount of $2,500 is also enclosed in accordance with the established fee. Thank you for your cooperation during this process and I look forward to expanding our service and continuing our excellent working relationship. McNutt Enc. /At-- 1061 Canneiback Street, Newport Beach, California 92660 •(714) 720 -2046 s ACCEPTANCE OF CATV FRANCHISE TO THE CITY OF NEWPORT BEACH, CALIFORNIA, AND TO THE HONORABLE CITY COUNCIL OF SAID CITY: Community Cablevision Company, a wholly owned subsidiary of The Irvine Company, a Michigan Corporation, being the person identified as the Grantee in ordinance No. 86 -16, duly adopted by the City Council of the City of Newport Beach on the 23rd day of June. 1986, hereby accepts the amendment to CATV franchise therein granted, together with all of the terms and conditions thereof. [Seal of corporation3 Dated: June 24, 1986 Community Cablevision Company, a Division of The Irvine Company, Michigan corporation, A rove�as o form: City Attorney CERTIFICATE OF CITY CLERK I hereby certify that the foregoing Acceptance of CATV Franchise was received by me at the hour f 1 .,— oIclock on the day of , & City Clerk: O s. e 'i tf r di - �E PAR CITY OF NEW +����`� ~«� 1. RECEIVED FROM t L/I''1MU �I'U1 ��R i`JIJ /�ll J7 a FOR: F'ttryF1 r FFt A.....T O AM-1 1 DEPARTMENT //r�� l Aywel—: PORT BEACH RECEIPT Bn s�_DPN`P NEWPORT BEACH, CALIFORNIA 92663 .J U - g� DA —� 1 9 No. 25555 1. RECEIVED FROM t L/I''1MU �I'U1 ��R i`JIJ /�ll J7 a FOR: F'ttryF1 r FFt A.....T O AM-1 1 DEPARTMENT //r�� l Aywel—: BY THE CITY COUNCIL. COUNCIL AGENDA CITY OF NEWPORT BEACH ITEM NO. F -2(b) FEB 131984 RESOLUTION NO. 84 -12 � I `Y ! I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT' BEACH OF ITS INTENTION TO HOLD A PUBLIC HEARING TO CONSIDER A RATE IN6REW REQUEST kf: �it-1 COMPANY FOR BASIC SUBSCRIBER SERVICES RE LAULL IV SERVICES. WHEREAS, Section 5.44 of the Newport Beach Municipal Code provides among other things, that the holder of a community antenna television franchise may ,request an increase in its rates and charges for basic subscriber services; and WHEREAS, Section 5.44.035 of the Newport Beach Municipal Code Provides that prior to authorizing any change for rates or charges by said holder, the City Council shall first adopt a Resolution of Intention to do so and fix a time for a public hearing for consideration of the matter; and WHEREAS, Community Cablevision Company has requested an increase in its basic subscriber services rates, effective March 1, 1984, as follows: Primary Outlets Basic (12 Channel) $ 9.25 Expanded Basic $11.75 Additional Outlets Basic (12 Channel) $ 2.50 Expanded Basic $ 5.50 Other Monthly Rates Decorder Rental (Manual) $ 2.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that a public hearing to consider the request of Community Cable:vision Company shall be set for the 27th day of February, 1984, at the hour of 7:30 p.m., in the Council Chambers located at City Hall, 3300 Newport Boulevard, Newport Beach, California to consider the above request; and BE IT FURTHER RESOLVED that the City Clerk be and hereby is directed to publish this Resolution of Intention, at least once within 15 days, following its adoption and mail a copy of same to the holder of said community antenna televisi,r.r: .'ranchise within the City of Newport Beach. Adopted this 13th day of February , 1984. Evelyn R. Hart Mayor rAlf*10 Wanda E. Andersen City Clerk Y ,wUMOL ACENDA €a t3 0 F -4 (a) . i 1 5M i I/ BY THE CITY COUNCIL CITY OF NEWPORT BEACH JUN 1.31988 �E- �.L�L'CLC CLLn -Z� Pt- cl coy Men `lfanager A!torney ❑ 81U . Dir. • GtwnSery Mr. • ,- b & R Dir. • Plann DW. • Police Chief • P. her AGMA NO. LL_____- BY THE C's3 Y COUNCIL CITY OF F3E:t?31'M' REACH JUN 23 1986 0 41 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER June 9, 1986 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: BAYVIEW CATV FRANCHISE Council Agenda Ttew No. n -2 BY THE CITY COUNCiL CITY OF NEWPORT BEACH JUN 9 i986 oati 6 a3 - Jib ACTION: Hold hearing, close hearing and if desired introduce ordinance and Ordinance granting an extension to the fran- chise areas of Community Cablevision Company and Group W Cable TV1Company and pass to second reading on Ju0e 23, 1986. BACKGROUND: Both CATV companies have applied for an extension of their franchise's into the recently annexed Bayview area. At the May 27, 1986 meeting, the Council decided to consider the applications of both companies. A copy of the May 27th staff report is attached. KJD:ets Attachments f KENNETH J. DELINO ORDINANCE No. 86 -16 Eli AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE No. 1891 TO EXTEND THE AREA OF A NON - EXCLUSIVE FRANCHISE WITH COM- MUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Amendments Ordinance No. 1891, an ordinance of the City of Newport Beach renewing a non - exclusive franchise with Community Cablevision Company to construct, maintain, and operate a community antenna television system within said city, adopted by the City Council on the 23rd day of November, 1981, and amended by ordinance 85 -4 so as to add to the description of the franchise area appearing in Section 2 "Grant of Franchise" of ordinance No. 1891 the description that is attached hereto as Exhibit "A." SECTION 2. Acceptance of Franchise. This franchise shall not become effective, for any pur- pose, unless and until written acceptance thereof shall have been filed with the City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall be and operate as an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day next following the date of the adoption by the City Council of the ordinance; and, if the filing of such written acceptance by any such Grantee shall not be received by the City Clerk, then such Grantee shall have no rights, remedies or redress in 'the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and, then, upon such terms and conditions as the City Council may impose_ SECTION 3. Acceptance Fee. The Grantee shall, upon the acceptance of this franchise, pay to the City of Newport Beach, in consideration of the granting of this franchise, the sum of $2,500.00 as and for an Acceptance Fee. SECTION 4. Effective Date. This ordinance shall become effective 30 days from and after the date of its adoption; provided, however, that the franchise hereby granted shall not become effective unless and until the Grantee files written acceptance thereof in the manner specified in Section 2 of this ordinance and delivers such acceptance in accordance with the requirements of Chapter 5.44 of Title 5 of the Newport Beach Municipal Code. SECTION 5. Publication. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of June 1986, and was adopted on the 23rd day of June 1986, by the following vote, to wit: AYES, COUNCIL MEMBERS: Agee, Cox, Hart, Heather, Maurer, Plummer, Strauss NOES, COUNCIL MEMBERS: ATTEST: CITY CLERK' 159- 1000 -1 GWD /cg October 30, 1985 ORANGE COUNTY REORGANIZATION NO. 85 EXHIBIT 'A', PAGE 1 OF 2 LEGAL DESCRIPTION OF 1 ANNEXATION OF BAYVIEW PROJECT TO THE CITY OF NEWPORT BEACH 2 All of that certain parcel of land situate in unincorporated 3 territory of the County of Orange, State of California, being a 4 portion of Block 51 of Irvine's Subdivision as shown on a map 5 recorded in Book 1, Page 88 of Miscellaneous Record Maps, 6 Records of said County, said parcel being more particularly 7 described as follows: 8 9 Beginning at the most easterly corner of Lot 147 of said Block 10 51, said corner also being the most easterly corner of Tract 11 No. 1499, as per map recorded in Book 44, Page 47 of 12 Miscellaneous Maps, Records of said County; thence along the 13 northeasterly line of said Block 51, S 490 21' 45" E 1275.93 to 14 an intersection with the northwesterly line of "Acacia Street 15 Annex" per City of Newport Beach Ordinance Number 837 ;: thence 16 along said northwesterly line S 400 38' 15" W 1266.69 feet to a 17 point on the 2000 foot radius curve in 'the southerly line of 18 the deed to Newport Harbor Union High School District recorded 19 July 1, 1965 in Book 7578, Page 670, of Official Records of 20 said County, a radial line to said point bears N 00 27' 40" E 21 thence westerly along said curve and southerly line through a 32 central angle of 120 20' 35" a distance of 430.85 feet to the 23 most easterly corner of that certain parcel of- land described 24 as "Servient Tenament" in Exhibit "B" of a deed recorded April 25 22, 1975 fn Book 11382, Page 1898 of Official Records of said 26 County, a radial to said corner bears N 110 52' 55" W; thence 27 along the southerly line of said deed S 570 46' 05" W 77.83 28 feet; thence S 640 53' 40" W 161.27 feet; thence 29 S 640 27"03" W 181.82 feet; thence S 670 01' 41" W 381.32 30 feet; thence S 750 13' 58" W 102.44• feet,/ thence 31 S 120 39' 46" W, 17.73 feet to the beginning of 'a non- tangent 32 curve concave northerly and having a radius of 1562.00 feet, a EXHIBIT "A" L ig 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 RANGE COUNTY REORGANIZATION NO. 85 EXHIBIT 'A', PAGE 2 0 2 LEGAL DESCRIPTION ANNEXATION OF BAYVIEW PROJECT TO THE CITY OF NEWPORT BEACH r radial to said point bears 5 300 221 27" E; thence westerly along said curve through a central angle of 90 20' 53" a distance of 254.85 feet to a point on the southeasterly prolongation of the southwesterly boundary of Tract 1501, as per map recorded in Book 50, Page 16 of Miscellaneous Maps, Records of said County; said line also being the northeasterly line of the south one quarter of said Block 51 and the northeasterly line of the "Upper Bay Annexation" per City of Newport Beach Ordinance Number 748; thence along said line N 490 21' 54" W 494.39 feet to the southerly corner of said tract, said corner also being the southerly corner of said Lot 147; thence along the southeasterly line of said Lot 147, N 400 37' 27" E 2640.31 feet to the point of beginning. EXCEPTING from the hereinabove described parcel, that portion offered for dedication and accepted by the County of Orange by Instrument No. 85- 138036 and Instrument .No. 85- 138037 both of Official Records of said County. The hereinabove described parcel contains _ acres of land, more or less. Attached hereto and made a part hereof is a plat designated as Exhibit 'B'. This proposal does .meet the approval of the- Orange County Surveyor's Office. C. R. Nelson, County Surveyor a. Byr > Deputy Surveyor $! UNINCORPORATED 5W'LY ewow.. --- r l r TR. 1501 �`' .-.J 1 �J1 1AllJ I N Ae ' -n e ,E'LY LINE. LOT IM BLOCK 131 IRVINeS EUB PER M.R. A -9'zd se L o 25&.85= �. 78*CMSW 10T.521 W051606C 10 525 MA689,00se 20067, oia NMOM900M 1!6.00' 00wZFl m A m m!V'a mto°E 8 o z {D{ . n. -Iv i eOBe /� Inz N 640 NeeW -d0'E IS1S7'//��,, 1'4510T cs's E'LYCGR ORuso2/re@e,-' . , 0 cc 11 OA � '9:•' >. 4? . VLY OR. . NW LY "NE''ArACJA STREET Amsem. PER ---"�� CiT'Y cP NaWFORT 6eAE4 ORD. 9"51 i O 0 TERRI i URY 1607 L" 11909= N i311(J l 140 IK%A W-'5 5U0. z X H " O z cl MY Q Cq M n R F z m x cfz. go 0 i z �a? N. Clp tp� m O z to y R " N #4 'V N z z O 0 z � L I • • ORDINANCE No. 86 -17 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE No. 1197 TO EXTEND THE AREA OF A NON- EXCLUSIVE FRANCHISE WITH GROUP W CABLE TV COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY. The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Amendments. Ordinance No. 1197, an ordinance of the City of Newport Beach granting a - non - exclusive franchise to Group W Cable TV Company to construct, maintain, and operate a community antenna television system within said city, adopted by the City Council on the 27th day of December, 1966, is amended so as to add to the description of the franchise area appearing in Section 2 "Grant of Franchise" of Ordinance No. 1197 the description that is attached hereto as Exhibit "A." SECTION 2. Acceptance of Franchise. This franchise shall not become effective, for any purpose, unless and until written acceptance thereof shall have been filed with the 'City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall be and operate as an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth ('15th) day next following the date of the adop- tion by the City Council of the ordinance; and, if the filing of such written acceptance by any such Grantee shall not be received by the City Clerk, then such Grantee shall have no nights, remedies or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and, then, upon such terms and conditions as the City Council may impose. SECTION 3. Acceptance Fee The Grantee shall, upon the acceptance of this franchise, pay to the City of Newport Beach, in consideration of the granting of this franchise, the sum of $2,500.00 as and for an Acceptance Fee. SECTION 4. Effective Date. This ordinance shall become effective 30 days from and after the date of its adoption; provided, however, that the franchise hereby granted shall not become effective unless and until the Grantee files written acceptance thereof in the manner specified in Section 2 of this ordinance and delivers such accept- ance in accordance with the requirements of Chapter 5.44 of Title 5 of the Newport Beach Municipal Code. SECTION 5. Publication. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of June , 1986, and was adopted on the 23rd day of June 1986, by the following vote, to wit: AYES, COUNCIL MEMBERS: Agee, Cox, Hart, Heather, Maurer, Plummer, Strauss NOES, C ABSENT ATT ST: may,, 9 CITY CLERK ' h lei _aV iJ.�l GWD /Cg October 30, 1985 RANGE COUNTY REORGANIZAT10 NO. 85 EXHIBIT 'A', PAGE 1 OF 2 LEGAL DESCRIPTION OF j ANNEXATION OF BAYVIEW PROJECT TO THE CITY OF NEWPORT BEACH t 2 all of that certain parcel of land situate in unincorporated 3 territory of the County of Orange, State of California, being a 4 portion of Block '5'1 of Irvine's Subdivision as shown on a map i recorded in Book 1, Page 88 of Miscellaneous Record Maps, 6 Records of said .County, said parcel being more particularly 7 described as follows: 8 9 Beginning at the most easterly corner of Lot 147 of said Block 10 51, said corner also being the most easterly corner of Tract 11 No. 1499, as per map recorded in Book 44, Page 47 o*_' 12 Miscellaneous Maps, Records of said County; thence along the 13 northeasterly line of said Block 51, S 490 21' 45" E 1275.93 to 14 an intersection with the northwesterly line of "Acacia Street 15 Annex" per City of Newport Beach Ordinance Number 837; thence 16 along said northwesterly line S 400 38' 15" W 1266.69 feet to a 17 point on the 2000 foot radius curve in 'the southerly line of 18 the deed to Newport Harbor Union High School District recorded 19 July 1, 1965 in Book 7578, Page 670, of Official Records of 20 said County, a radial line to said point bears N 00 27' 40" E; 21 thence westerly along said curve and .southerly line through a 22 central angle of 120 20' 35 a distance of 430.85 feet to the 23 most easterly corner of that certain parcel of" land described 24 as "Servient Tenament" in Exhibit "B" of a deed recorded April 25 22, 1975 i'n Book 11382, Page 1898 of Official Records of said 26 County, a radial to said corner bears N 110 52' 55" W; thence 27 along the southerly line of said deed S 570 46' 05" W 77.81 28 feet; thence S 640 53' 40" V1 161.27 feet; thence 29 S 640' 27': 03" W 181.82 feet; thence S 670 01''4.1" W 381.32 30 feet; thence S 750 13' 58" W 102.4 4 fee thence 31 120 39' 46" W, 17.73 feet to the beginning of � - tangent 32 urve concave northerly and having a radius of 1562.00 feet, a EXHIBIT "A" �I ORANGE COUNTY REORGANIZATION NO. 85 EXHIBIT `A', PAGE 2 2 ® LEGAL DESCRIPTION ANNEXATION OR BAYVIEW PROJECT TO THE CITY OF NEWPORT BEACH _I r 1 L radial to said point bears S 300 22' 27" E; thence westerly 2 along said curve through a central angle of 90 20' 53" a 3 distance of 254.85 feet to a point on the southeasterly 4 prolongation of the southwesterly boundary of Tract 1501, as 5 per map recorded in Book 50, Page 16 of Miscellaneous maps, 6 Records of said County; said line also being the northeasterly 7 line of the south one quarter of said Block 51 and the g northeasterly line of the "Upper Bay Annexation" per City of 9 Newport Beach Ordinance Number 748; thence along said line 10 N 490 21' 54" W 494.39 feet to the southerly corner of said 11 tract, said corner also being the southerly corner of said Lot 12 147; thence along the southeasterly line of said Lot 147, 13 N 400 37' 27" E 2640.31 feet to the point of beginning. 14 15 EXCEPTING from the hereinabove described parcel, that portion 16 offered for dedication and accepted by the County of Orange by 17 Instrument No. 85- 138036 and Instrument .No. 85- 138037 both of lg Official Records of said County. 19 20 The hereinabove described parcel contains _ acres of land, more or less. 21 Attached hereto and made a part hereof is a plat designated as 22 Exhibit 'B'. 23 This proposal does meet the approval of the, Orange County' Surveyor's Office. 24 C. R. Nelson, County Surveyor 25 a. By. ...- 26 Deputy County Surveyor 27 Date 28 29 30 31 32 M 4 I 1 UNINCORPORATED TERRhURY L. 1501 16w 1607 140 4� N40. 3�t�'Yl °� Z64A.'31� 1 SE'LY UNE t.LrS',41 @ILDGK 51 UZVINs+.4` t:U9MR M.R. i S'LY GAR. Z 9' lL r rrrla� L'J, K. \�. 7scccomw 07.621 ♦P�! /,• 'vI„ W 41" S8'00• E 2c7 OT t 660 two °e asar �--- �\•�j \ �n% �p� c0^61140•? t2W9' 26-52-WW WSW o 0 `• � l l a.. 00 MIN N QZ.(r NY1 n..i to• m P-( w-r6• �8mz Ci xF, a�n �AC {m A 1:�qq' �.� -ice.•$ IWO 1�S'LY 1.113E O.R. n392/iFP18 O %O W G4.27'08•G 18102 a \ e� n N G4.53'40•L° 161.27' d 4b e . s Q! ? A N51 T . E V ee LINE �/7��L = Qft.757d/6770'� Nw LY LJ14 • � ary c n ewfomr ec-Acm ORD. ®3i• R�20C)0' 1.•11909' .a r' N. r r�u )RN Yrr y. PLR 0.2..0133 /�55 V hZ z{ m v?` �m 17 .�-3I z z X H O 0 N Y C w or 4 u Hn M cxa z° no K 0 ro� O H Y n e Council Agenda Item No. J3 TO: FROM SUBJECT: ACTION: CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 27, 1986 MAYOR AND CITY COUNCIL Executive Assistant CATV FRANCHISE, BAYVIEW'ANNEXATION If desired: (a) Approve Resolution declaring intention to consider the application of Community Cabllevision to extend its franchise into the Bayview Annexation or (b') Approve Resolution declaring intention to consider the application of Group W Cable to extend its fran- chise into the Bayview Annexation or (c) Approve both (a) and (b) above. BACKGROUND: When the Bayview Annexation was completed Janu- ary 3, 1986, the existing County CATV franchises to Community Cablevision Company (CCC) and Group W (GPW) were terminated in accordance with Section 5.44.173 of the Municipal Code, and there is now no franchisee in the area- Erroneously believing it had a valid franchise, CCC made arrangements with the de- veloper to provide CATV service and commenced installation of facilities in the utility trenches. When GPW protested its exclusion from the area, the oversight became apparent and further installation ceased pending Council action. Final selection of a franchisee requires approval by ordinance, but this resolution will guide the developer's planning. Both CCC and GPW have submitted applications (attached) including the $1,000 fee in accordance with the Municipal Code. 9 !Y 7 • TO: MAYOR AND CITY COUNCIL - Page 2 ANALYSI "S: Minor differences exist between the two companies. Since the rebuild and management change, GPW has responded and performed as well as the traditionally well - performing CCC. Rate and channel information is compared on the follow- ing pages. Rates for CCC are somewhat higher than GPW, and programming is very similar except that GPW offers PRIME TICKET and CCC will offer additional channels in June, 1986. The County franchises granted to the two companies even though terminated by City ordinance were somewhat different. CCC holds a general franchise granted in 1966 for all unincor- porated areas of the County. The County stopped granting such franchises in 1976. CCC does not serve any unincor- porated areas. The fact that CCC may have committed funds or effort to building this area, because it was done without the benefit of a valid franchise, should not be considered. GPW held a specific franchise for the County area known as Santa Ana Heights granted in August, 1981. GPW completed installation of facilities in the area in September, 1983. Accordingly, the nearest existing facilities of GPW are directly adjacent to the site serving the residents of the unincorporated area of Santa Ana Heights. The nearest facilities of CCC are in the North Ford area, a distance of approximately 3200 feet. CCC will need to extend a trunk line along Jamboree and over the San Diego Creek Bridge. Except for the differences noted above, the companies are equally competent to provide quality reception and service. In the event the Council extends the franchises of both companies, the well established principle is that the developer, J. M. Peters, can select which one of the two companies will serve the area.' 0 MONTHLY SERVICE RATES SERVICE One -time installation Basic 12 Channel Expanded 36 Channel Additional Outlet Premium Channels: HBO Cinemax Showtime Disney Z Channel On /Select Bravo Am. Movie Classic Additional Premium Outlet n GPW $19.95 (any) $11.50 $11.50 (w /cable ready TV) $13.00 (if converter needed) $ 4.00 $10.95 $10.95 $10.95 $10.95 $10.95 N/A N/A N/A $ 2.00 0 CCC $15.00 (Basic) $34.95 (Expanded) $ 9.70 $14.95 $ 2.60 $12.55 $12.55 $12.55 $11.50 N/A $17.80 $ 4.95 (Avail. 6/86) $ 4.95 (Avail. 6/86,) $ 4.15 N9 PROGRAMMING STATION CCC GPW STATION CCC GPW KCBS X X ESPN X X KNBC X X Arts & Ent. X X KTLA X X CNN X X KCET X X Lifetime X X KABC X X USA X X KDOC X X C -Span X X KHJ X X WOR X N/A KOCE X X Local X X KTTV X X WGN N/A X KTBN X X Weather KCOP X X Channel 6/86 X FNN X X Prime Ticket N/A X KFMB X N/A KLCS N/A X KGTV X N/A KIHS N/A X KMEX X X KAGL N/A X KSCI X X Discovery 6/86 N/A KIHS X N/A Nashville 6/86 N/A KWHY X N/A Headline News 6/86 N/A MTV X X VH1 6/86 N/A WTBS X X CBS 6/86 N/A N9 TO: MAYOR AND CITY COUNCIL - Page 3 RECOMMENDATION: Staff has no preference but believes GPW may be more deserving because: 1. GPW has generally lower rates. 2. GPW had a specific franchise and serves the immediately adjacent areas. 3. GPW will have lower costs to extend service to the area. Appropriate resolutions and correspondence from the two companies are attached. KJD:ets KENNETH J. iELINO Attachments J. Donald S. McNutt Plestd(,Nit May 16, 1986 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P.O. Box 1768 Newport Beach, California 92663 -3884 Dear Mr. Delino: Community Cablevision Company requests an expansion of its franchise to serve the J. M. Peters' Bayview development at the southwest corner of Bristol Street and Jamboree Road. As you are aware, this property was annexed from the County of Orange to the City of Newport Beach in January, 1986. The J. M. Peters Company requested that we design a system and extend our service to this project. Believing that our rights under our Orange County franchise would carry, over with the property to the City, we agreed to serve the development and have invested $15,000 to date on system construction. We understand City Staff's judgment, based on the cable television ordinance, that our Orange County franchise rights terminated upon annexation of the property and have made proper application for a franchise to serve this area. Based on the property owner's expressed interest in having Community Cablevision Company serve its 'project, our current investment of $15,000 and our excellent record of service to the Newport Beach community; we ask for your approval of our request. Please do not hesitate to call we If you have any questions or need further information. Since , Don McNutt fS 1061 Cameiback Street, Newport Beach, Cahtofma92660•(714) 720 -2046' l! GR CABLE f;raipp W- Cable. Inc P subn0�d , 91! AT:T S'MEEN7H ST, NEWPORT BEACH, CA. 92663(7$4)63)5259 PPOADCF� a(', A ?�:� =is� E- iNi: Newport Beach City Council 3300 Newport Avenue. Newport Beach, California Honorable Mayor Maurer, Council members and City staff members: Group W Cable of Newport Beach is making application for the franchise area known as the Bayview Project, a new development which was recently annexed into the City of Newport Beach. It appears presently that there are three options available to the City on this issue: grant a franchise to Group W, to Community Cablevision, or a joint franchise to both. Before going into the reasons that I feel Group W should be provided the franchise, I would like to comment on the options concerning a joint franchise. I'm certain that you recall the decision in May of 1985 which granted to Community Cablevision the right to serve a portion of the City already served by Group W. This decision was made in the interest of competition, but the results have shown that this is not the case. The only area now being served by Community Cablevision in that corridor is Promontory Point, a condominium complex also owned by the Irvine Company. The decision to change companies was made by the management, not by the subscribers. I would encourage you to talk to some of those residents, many of whom have called us very upset that they must pay significantly higher rates essentially through no choice of their own. A fair portion of this corridor will undergo future development of new housing. While this situation will make it much less expensive for installing cable facilities, if you have two cable companies serving the same area, costs of installing two systems and the attendant problems of designing for two systems are difficult and more expensive for the developers. You are forcing twice as many vaults and pedestals in the neighborhood and the possibility of two distribution boxes (lockboxes) on multi -unit dwellings so that either company can serve the units. Also the problems of who provides prewire material to the contractor and two competing companies trying to negotiate these issues puts a burden on the developer. While Group W has no reservations about its ability to compete with another company for the service, it is important to consider the impact on the community in relation to overall benefits. I don't think you'll find any of your constituents who would prefer to have twice as many vaults and pedestals in their neighborhood as is necessary. I also think you'll find that both companies are providing a good quality product in their respective areas, so the necessity of providing duplicate systems in the long run is questionable. I will repeat that Group W has no fears of being in a competitive situation, but I don't believe that such a move is good for the aesthetics of the City or is necessary to insure that people can get good service. -/2 M I will let Community Cablevision provide the argument for granting the franchise to them, however I would like to provide some background on the issue. In 1981, Group W was issued a franchise by the County of Orange specifically for the area known as Santa Ana Heights. Prior to annexation, Bayview was a part of that franchise. Group W immediately built the county area all the way up to the Bayview area which was until just recently simply undeveloped land. We fulfilled our franchise build requirements quickly and built all areas available. While Bayview has now been annexed into the City of Newport Beach, I still believe that serious consideration should be given to the fact that we had the franchise for that area before the annexation and since we also have a franchise with the City it would be natural to allow us to continue to have the right to serve the area. Our present system is active right at the border of the development and could easily be extended into the project. I'm sure that our competitors will be quick to point out that they also have a county franchise which covers that area, but I would like to point out the differences. Community has a blanket franchise to cover all unincorporated portions of Orange County. They have had this franchise for approximately 20' years and have yet to my knowledge to serve any county subscribers. If their interest was to serve that area, they could have built Santa Ana Heights a long time before we were even granted a franchise. But they didn't, and I would surmise that it is much cheaper to build .a system in an area that is just being developed rather than an existing area of homes. Our intent was not to "cherry pick" the areas most financially advantageous, but rather to serve the entire community. It is our belief that this situation is covered under Section 5.44.173(c) of the city regulations covering cable, interpreting that section to state that if the City annexes any portion.of an area franchised by the County of Orange when construction of a cable system in that total area has already commenced should go automatically to the company franchised as long as said company agrees to the requirements of the City outlined in Section 5.44. The reason that we believe this to be the correct intent of that section is that any company, before accepting a franchise, evaluates its return on such an investment. In doing that evaluation, future expansion in the area comes into play as well as existing structures. Group W built a number of areas where the homes per mile were low, but knew that with newer developments following that the financial payback on the overall area would meet company requirements due to the cost savings associated with joint trench projects. 'Thus companies who have already made an outlay of capital for a new area should rightfully be protected from having the choice areas snatched away. In fact this is the reason that we believe this section was placed in the rules, to be fair to any company who made such a financial committment. Some additional background which is pertinent to this subject concerns the present status of the project. Although we had been pursuing getting plans of the project since last fall, our efforts to meet with the contractor were unsuccessful. Knowing of the development, I had my staff alerted to keep their eye on the project and get maps as soon as possible. We tried a number of times during the first quarter but were essentially blocked from the project. We found out much later that the construction company of J.M. Peters, Inc. had somehow been led to believe that Community Cablevision had that franchise and therefore they had no desire to let a second cable company in. We do not know the source of their information nor do we intend to imply that our competition was in any way responsible, however the result was that Community was provided 13 access and we were not. They have already designed their system and provided prewire material. When Group W was finally able to talk to someone, the trenching for the commercial portion of the project was in progress. At that time, rather than stop the project until we could design, we informed the contractor that we did not need to serve the commercial area and would forego that. However, if a grant of the franchise hinges on that issue, we will be more than glad to serve the commercial area (a total of three buildings). If awarded the franchise alone, we would be more than willing to work with Community Cablevision to reimburse them for the costs of the conduit system they installed and any prewire material provided. Because of the unfair situation which led to this inequity, We believe that the fact that Community Cablevision is ahead of the game in that area should not be considered in making this decision since we were denied equal access. So what factors should be taken into consideration for this decision? Presently both systems provide 35 channels of programming to their subscribers. We have no qualms in saying that Group W's overall picture quality is at least as good as our competitors. What about rates? A review of the enclosed comparison shows Group W's installation rate to be significantly lower, the monthly service rate for comparable basic service to be lower, and the monthly rate for the same premium channels to be lower. Also note that Group W carries Prime Ticket, a regional sports network which includes Laker home games, Forum boxing, area college sports, etc., as part of our basic service while to get Laker games via Community's ON /Select service the customer must pay an additional $17.80 per month. Financially we believe that Group W provides a superior offering. How about service? With the completion of our upgrade, service calls in Group W's system have dropped to 2.5% of the subscriber base per month. Over the past 4' months we have been able to offer same day response to service problems on approximately 40% of our requests. System outages have dropped tremendously with the completion of the upgrade. For the most part, new installations are scheduled an average of 3.days out. Incoming phone call abandonment has steadily improved and last month averaged 3% of incoming calls lost. All of these are areas which we specifically track and constantly assess to improve the service to our customers. In summary, we feel that Group W is providing as good a service to its customers as our competitor; but that our rates are more favorable to the public. While we accept. that the City does not feel bound by the prior franchise we held with the County of Orange covering this same area, we feel that our present performance shows that we will provide good, solid service and that our prior franchise for that same specific area should carry considerable weight in the decision. Group W commits to serve both the commercial and residential areas of the franchise. We intend to continue to develop and cultivate a solid, long term relationship with Newport Beach and to constantly strive to provide the best product we can to our subscribers. 11y Comparison of Rates Group W Community Cablevision Installation $19.95 $34.95 Basic Service (Primary) 11.50 14.95 (Converter Required) Basic Service (additional) 4.00 2.60 Converter 1.50 - -- Premium Channels (Primary) HBO 10.95 12.55 Cinemax 10.95 12.55 Showtime 10.95 12.55 Disney 10.95 11.50 Z 10.95 - -- On /Select - -- 17.80 Premium (additional 2.00 4.15 Ir I J. Donald S.. McNutt President May 9, 1986 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P. O. 'Bois 1968 Newport Beach, California 92663 -3884 Dear Mr. Delino: Community Cablevision Company hereby requests an expansion of its franchise area to include the area described In the attached boundary description. Also enclosed is a map on which the expanded area is identified. It is assumed that all terms of the current franchise agreement and the City's ordinance will apply to this area. The following information is provided to support our request and satisfy all requirements of Section 5.44.190 of the City's CATV ordinance: a) Community Cablevision Company (CCC) 1061 Camelback Street Newport Beach, California 92660 b) Surveyors map enclosed - if any CATV system is built by CCC in the additional area requested, services provided will be consistent with the terms and conditions of the existing franchise agreement. c) Rates and charges for services will be consistent with those in effect for all other areas covered by CCC franchise. d) All permits and contracts will be negotiated prior to initiation of construction and copies will be provided to the City. e) Areas served and names and addresses of officers - attached, f) Statement attached. Enclosed is our check for $1,000 to cover the City's required fee for requesting a franchise. If yo have any questions or require additional information, please conta¢4 me. n Iv Enclosures 1061Camelback Street, Newport Beach, Calitornia92660•(714) 720 -2046 �/� 16 e _� AREAS SERVED BY COMMUNITY CABLEVISION COMPANY: Irvine Portions of Newport Beach Portions of Tustin OFFICERS OF COMMUNITY CABLEVISION COMPANY: DON MsNUTT President Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 TERRY CORDELL Director of System Operations Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 STUART GROMAN Controller Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 JANIS WALKER Director of Marketing and Community Relations Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 17 1071 Camelback Street, Newport Beach, CalBornia 92660 • (714) 7292020 � i6�• off'-•: May 9, 1986 Mr. Kenneth J. Dellno Executive Assistant City of Newport Beach P.O. Box 1768 Newport Beach, California 92663 -3884 Dear Mr. Dellno: Community Cablevision Company (a wholly owned subsidiary of The Irvine Company) has operated cable systems is the Cities of Newport Beach since 1967, Tustin since 1973 and Irvine since 1977. There is a total of approximately 450 plant miles in the three systems. The funds required to build and maintain this plant and to meet new construction requirements are generated from the internal resources of Community Cablevision Company and Its parent company whose references are attached. We appreciate the opportunity to work with you to develop cable television availability for your residents. Sincerely, jGStuarroman Controller /S 1071 Camelback Street, Newport.. Beach, CalAornia 92660 • (714) 720 -2020 May 9; 1986 Gentlemen: Please accept the following financial references for The Irvine Company: Mr. Christopher J. Warmuth Vice President SECURITY PACIFIC NATIONAL BANK 333 South Hope Street Los Angeles, California 90071 Telephone: (213 613 -.5349 Mr. Erich H. Goodbody Vice President WELLS FARGO BANK 660 Newport Center Drive Newport Beach, California 92660 Telephone (714) 973 -3746 Mr. Richard L. Gabel Vice President BANK OF AMERICA 525 South Flower Street Los Angeles, California 90071 Telephone: (213) 228 -4133 NOTE: The SIC Code that Dun and Bradstreet has assigned to The Irvine Company is 6552. Stuart Groman Controller / 1071 Camelback Street, Newport. Beach, California 92660 • (714) 7202020 RICHARD J. WATERMAN Director, Corporate. Affairs May 15, 1986 Mayor Philip Maurer and Members of the Newport Beach City Council 3300 Newport Avenue Newport Beach, CA 92661 Dear Mayor Maurer and Councilmembers: vKULO W CABU crap W Cable. Inc., A Stpsidiaiy of WESTINGHOUSE BROADCASTING AND CABLE. INC. 150 EL CAMINO REAL, SUITE 2OO, TUSTIN, CA 92680 In accordance with the provisions of Section 5.44.170 of the Municipal Code of the City of Newport Beach, Group W Cable, Inc. hereby submits an application for a franchise area recently annexed to the City of Newport Beach, known as the Bayview Project. The following underlined excerpts are the requirements containee in the Municipal Code for a franchise application. (a) The name and address of applicant, Group W Cable, Inc. 888 Seventh Avenue New York, NY 10106 (b) A general descl Dtion of applicant's proposed..CATV operation, including a tentat re map of areas to be served. We propose to provide the same facilities and services we currently offer to subscribers in our existing Newport Beach franchise area. The tentative map of the new area, known as the Bayview Project, and a legal description of this area is attached. (c) A statement or schedule in a form approved by the City of proposed rates and charges to subscribers for installation and services. and a coov of Dronosed service . agreement between the grantee and its subscribers shall accompany the The proposed rates and charges to subscribers and the proposed service agreement are those currently in effect in our existing Newport Beach franchise area. A copy of the rate schedule and service agreement are attached. Newport Beach City Council 0 May 15, 1986 Page 2 (d) A copy of any contract or permit, if existing, between the applicant and public utility providing for the use of facilities of such public utility, s as poles, lines, or conduits. Copies of our existing pole attachment agreements with Southern California Edison and Pacific Bell are attached. (e) A statement of the organization of applicant, inc addresses of its officers, directors and associates, of subsidiary companies with a listing of other areas similar systems. If a franchise is granted to a pers corporation, and such information is not disclosed in such franchise may be revoked by the Citv Council. ng the names and also including the na . ng served by CATV or firm, group or original application Group W Cable, -Inc., a New York corporation, is a wholly -owned subsidiary of Westinghouse Broadcasting and Cable, Inc., an Indiana corporation, which, in turn, is a wholly-owned subsidiary of Westinghouse Electric Corporation, a Pennsylvania corporation. Westinghouse Electric Corporation's stock is publicly traded on the New York Stock Exchange. A copy of the 1905 Westinghouse Annual Report is attached, which contains the information relative to Group W's officers and directors. Also attached is a listing of other areas being served by Group W Cable, Inc... Westinghouse has entered into an agreement to sell all of the stock of Group W Cable; Inc. to American Television and Communications Corporation; Century Southwest Cable Television, Inc.; Comcast Corporation; Daniels & Associates, Inc.; and TCI Holdings, Inc. (or their designated affiliates or assignees). Comcast Cablevision of California will become the operator and owner of Group W's Newport Beach cable system. The City of Newport Beach approved the foregoing on April 14, 1986, pursuant to Resolution No. 86-25. This franchise application is being submitted with the understanding that the same ownership structure would apply and be authorized in the new franchise territory. (f) Applicant shall also furnish a financial statement as to the company's or corporation's financial ability to complete installation and operation of the CATV system. Attached is the 1OK for Westinghouse for 1985. I believe that the foregoing statements, plus attachments hereto, and our enclosed application fee of $1,000.00, as provided in Section 5.44.172, include all requirements of the City of Newport Beach Municipal Code for a franchise application. However, if additional information is required, please contact me or our system manager, Mike McDonald. Sincerely, chard Waterman Direct,`, Corporate Affairs RJW:1t cc: Mike McDonald Jim Bequette Norman Nelson may Group W Newport Beach Rate Card Installation $19.95 Basic Service (Primary 11.50 Basic Service (Additional) 4.00 Converter 1.50 Premium Channel (Primary) 10.95 Premium Channel (Additional) 2.00 RESOLUTION No. 86 -42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO CON- DUCT A PUBLIC HEARING TO CONSIDER THE APPLICA- TION OF COMMUNITY CABLEVISION TO EXTEND ITS FRANCHISE AREA WITHIN THE CITY OF NEWPORT BEACH WHEREAS, the Community Cablevision Company has a non- exclusive franchise to construct, maintain, and operate a com- munity' antenna television system within the City of Newport Beach; and WHEREAS, the franchise area granted to the Community Cablevision Company includes only a portion of the corporate boundaries of the City of Newport Beach; and WHEREAS, Community Cablevision Company, by letter dated May 9 1986 , has made application to the City of Newport Beach for an extension of its franchise area within the City of Newport Beach; and WHEREAS, the Community Cablevision Company in its letter of application to increase its franchise area within the City of Newport Beach has assumed that all terms of the current franchise agreement and the City Ordinances will apply to all areas to be added to its existing franchise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that a public hearing shall be conducted June 9, 1986, at 7 :30 p.m., or as soon thereafter as practical in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California, to consider an ordinance extending the franchise area of the Community Cablevision Company in accordance with its letter of application dated May 9, 1986. ADOPTED this I i ATTEST: Ile !) , City Clerk RESOLUTION No. 86 -43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO CONDUCT A PUBLIC :HEARING TO CONSIDER THE APPLICATION OF GROUP W TO EXTEND ITS FRANCHISE AREA WITHIN THE CITY OF NEWPORT BEACH WHEREAS, the Group W Cable TV Company has a non- exclusive franchise to construct, maintain, and operate a community antenna television system within the City of Newport Beach; and WHEREAS, the franchise area granted to the Group W Cable TV Company includes only a portion of the corporate boundaries of the City of Newport Beach; and WHEREAS, Group W Cable TV Company, by letter dated May 15, 1986, has made application to the City of Newport Beach for an extension of its franchise area within the City of Newport Beach; and WHEREAS, the Group W Cable TV Company in its letter of application to increase its franchise area within the City of Newport Beach has assumed that all terms of the current franchise agreement and the City Ordinance will apply to all areas to be added to its existing franchise. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that a public hearing shall be conducted June 9, 1986, at 7:30 p.m., or as soon thereafter as practical in the City Council Chambers, 3300 Newport Boulevard, Newport Beach, California, to consider an ordinance extending the franchise area of the Group W Cable TV Company in accordance with its letter of application dated May 15, 1986. ADOPTED this ATTE T; ' City Clerk 0 0 CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER May 27, 1986 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: "VV FRANCHISE, •IEW ANNEXATION ACTION: If desired: Council Agenda Item No. J3 BY THE CITY COUNCIL CITY Of NEWPORT REACH MAY 2 7 1990 «)', (a) Approve Resolution declaring intention to consider the application of Community Cablevision to extend its franchise into the Bayview Annexation or (b) Approve Resolution declaring intention to consider the application of Group W Cable to extend its fran- chise into the Bayview Annexation or (c) Approve both (a) and (b) above. BACKGROUND: When the Bayview Annexation was completed Janu- ary 3, 1986, the existing County CATV franchises to Community Cablevision Company (CCC) and Group W (GPW) were terminated in accordance with Section 5.44.173 of the Municipal Code, and there is now no franchisee in the area. Erroneously believing it had a valid franchise, CCC made arrangements with the de- veloper to provide CATV service and commenced installation of facilities in the utility trenches. When GPW protested its exclusion from the area, the oversight became apparent and further installation ceased pending Council action. Final selection of a franchisee requires approval by ordinance, but this resolution will guide the developer's planning. Both CCC and GPW have submitted applications (attached) including the $1,000 fee in accordance with the Municipal Code. 0 0 TO: MAYOR AND CITY COUNCIL - Page 2 ANALYSIS: Minor differences exist between the two companies. Since the rebuild and management change, GPW has responded and performed as well as the traditionally well - performing CCC. Rate and channel information is compared on the follow- ing pages. Rates for CCC are somewhat higher than GPW, and programming is very similar except that GPW offers PRIME TICKET and CCC will offer additional channels in June, 1986. The County franchises granted to the two companies even though terminated by City ordinance were somewhat different. CCC holds a general franchise granted in 1966 for all unincor- porated areas of the County. The County stopped granting such franchises in 1976. CCC does not serve any unincor- porated areas. The fact that CCC may have committed funds or effort to building this area, because it was done without the benefit of a valid franchise, should not be considered. GPW held a specific franchise for the County area known as Santa Ana Heights granted in August, 1981. GPW completed installation of facilities in the area. in September, 1983. Accordingly, the nearest existing facilities of GPW are directly adjacent to the site serving the residents of the unincorporated area of Santa Ana Heights. The nearest facilities of CCC are in the North Ford area, a distance of approximately 3200 feet. CCC will need to extend a trunk line along Jamboree and over the San Diego Creek Bridge. Except for the differences noted above„ the companies are equally competent to provide quality reception and service. In the event the Council extends the franchises of both companies, the well established principle is that the developer, J. M. Peters, can select which one of the two companies will serve the area. • MONTHLY SERVICE RATES SERVICE One -time installation Basic 12 Channel Expanded 36 Channel Additional Outlet Premium Channels: HBO Cinemax Showtime Disney Z Channel On /Select Bravo Am. Movie Classic Additional Premium Outlet 3 r� GpW CCC $19.95 (any) $15.00 $34.95 $11.50 $ 9.70 $11.50 (w /cable $14.95 ready TV) $13.00 (if converter needed) $ 4.00 $ 2.60 (Basic) (Expanded) $10.95 $12.55 $10.95 $12.55 $10.95 $12.55 $10.95 $11.50 $10.95 N/A N/A $17.80 N/A $ 4.95 (Avail. 6/86) N/A $ 4.95 (Avail. 6/86) $ 2.00 $ 4.15 y PROGRAMMING STATION CCC GPW STATION CCC GPW KCBS X X ESPN X X KNBC X X Arts & Ent. X X KTLA X X CNN X X KCET X X Lifetime X X KABC X X USA X X KDOC X X C -Span X X KHJ X X WOR X N/A KOCE X X Local X X KTTV X X WGN N/A X KTBN X X Weather KCOP X X Channel 6/86 X FNN X X Prime Ticket N/A X KFMB X N/A KLCS N/A X KGTV X N/A KIHS N/A X KMEX X X KAGL N/A X KSCI X X Discovery 6/86 N/A KIHS X N/A Nashville 6/86 N/A KWHY X N/A Headline News 6/86 N/A MTV X X VH1 6/86 N/A WTBS X X CBS 6/86 N/A y TO: MAYOR AND CITY COUNCIL - Page 3 RECOMMENDATION: Staff has no preference but believes GPW may be more deserving because: 1. GPW has generally lower rates. 2. GPW had a specific franchise and serves the immediately adjacent areas. 3. GPW will have lower costs to extend service to the area. Appropriate resolutions and correspondence from the two companies are attached. I � 1," KJD:ets KENNETH J. ELINO Attachments J. Donald S. McNutt President May 16, 1986 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P.O. Box 1768 Newport Beach, California 92663 -3884 Dear Mr. Delino: Community Cablevision Company requests an expansion of its franchise to serve the J. M. Peters' Bayview development at the southwest corner of Bristol Street and Jamboree Road. As you are aware, this property was annexed from the County of Orange to the City of Newport Beach in January, 1986. The J. M. Peters Company requested that we design a system and extend our service to this project. Believing that our rights under our Orange County franchise would carry over with the property to the City, we agreed to serve the development and have invested $15,000 to date on system construction. We understand City Staff's judgment, based on the cable television ordinance, that our Orange County franchise rights terminated upon annexation of the property and have made proper application for a franchise to serve this area. Based on the property owner's expressed interest In having Community Cablevision Company serve its project, our current investment of $15,000 and our excellent record of service to the Newport Beach community, we ask for your approval of our request. Please do not hesitate to call me if you have any questions or need further information. Since it, Don McNutt 0/ 1061 Camelback Street, Newport Beach, California 92660 • (714) 720 -2046 • G NV CABLE Groupp W CabIA Inc., A Subsidiaryy of 901 WEST SIXTEENTH SL, NEWPORT BEACH, CA 92663 (714) 631 -5259 WESTINGHOUSE BROADCASTING: AND CABLE. INC. Newport Beach City Council 3300 Newport Avenue. Newport Beach, California Honorable Mayor Maurer, Council members and City staff members: Group W Cable of Newport Beach is making application for the franchise area known as the Bayview Project, a new development which was recently annexed into the City of Newport Beach. It appears presently that there are three options available to the City on this issuer grant a franchise to Group W, to Community Cablevision, or a joint franchise to both. Before going into the reasons that I feel Group W should be provided the franchise, I would like to comment on the options concerning a joint franchise. I'm certain that you recall the decision in May of 1985 which granted to Community Cablevision the right to serve a portion of the City already served by Group W. This decision was made in the interest of competition, but the results have shown that this is not the case. The only area now being served by Community Cablevision in that corridor is Promontory Point, a condominium complex also owned by the Irvine Company. The decision to change companies was made by the management, not by the subscribers. I would encourage you to talk to some of those residents, many of whom have called us very upset that they must pay significantly higher rates essentially through no choice of their own. A fair portion of this corridor will undergo future development of new housing. While this situation will make it much less expensive for installing cable facilities, if you have two cable companies serving the same area, costs of installing two systems and the attendant problems of designing for two systems are difficult and more expensive for the developers. You are forcing twice as many vaults and pedestals in the neighborhood and the possibility of two distribution boxes (lockboxes) on multi -unit dwellings so that either company can serve the units. Also the problems of who provides prewire material to the contractor and two competing companies trying to negotiate these issues puts a burden on the developer. While Group W has no reservations about its ability to compete with another company for the service, it is important to consider the impact on the community in relation to overall benefits. I don't think you'll find any of your constituents who would prefer to have twice as many vaults and pedestals in their neighborhood as is necessary. I also think you'll find that both companies are providing a good quality product in their respective areas, so the necessity of providing duplicate systems in the long run is questionable. I will repeat that Group W has no fears of being in a competitive situation, but I don't believe that such a move is good for the aesthetics of the City or is necessary to insure that people can get good service. 7 • • I will let Community Cablevision provide the argument for granting the franchise to them, however I would like to provide some background on the issue. In 1981, Group W was issued a franchise by the County of Orange specifically for the area known as Santa Ana Heights. Prior to annexation, Bayview was a part of that franchise. Group W immediately built the county area all the way up to the Bayview area which was until just recently simply undeveloped land. We fulfilled our franchise build requirements quickly and built all areas available. While Bayview has now been annexed into the City of Newport Beach, I still believe that serious consideration should be given to the fact that we had the franchise for that area before the annexation and since we also have a franchise with the City it would be natural to allow us to continue to have the right to serve the area. Our present system is active right at the border of the development and could easily be extended into the project. I'm sure that our competitors will be quick to point out that they also have a county franchise which covers that area, but I would like to point out the differences. Community has a blanket franchise to cover all unincorporated portions of Orange County. They have had this franchise for approximately 20 years and have yet to my knowledge to serve any county subscribers. If their interest was to serve that area, they could have built Santa Ana Heights a long time before we were even granted a franchise. But they didn't, and I would surmise that it is much cheaper to build a system in an area that is just being developed rather than an existing area of homes. Our intent was not to "cherry pick" the areas most financially advantageous, but rather to serve the entire community. It is our belief that this situation is covered under Section 5.44.173(c) of the city regulations covering cable, interpreting that section to state that if the City annexes any portion of an area franchised by the County of Orange when construction of a cable system in that total area has already commenced should go automatically to the company franchised as long as said company agrees to the requirements of the City outlined in Section 5.44. The reason that we believe this to be the correct intent of that section is that any company, before accepting a franchise, evaluates its return on such an investment. In doing that evaluation, future expansion in the area comes into play as well as existing- structures. Group W built a number of areas where the homes per mile were low, but knew that with newer developments following that the financial payback on the overall area would meet company requirements due to the cost savings associated with joint trench projects. Thus companies who have already made an outlay of capital for a new area should rightfully be protected from having the choice areas snatched away. In fact this is the reason that we believe this section was placed in the rules, to be fair to any company who made such a financial committment. Some additional background which is pertinent to this subject concerns the present status of the project. Although we had been pursuing getting 'plans of the project since last fall, our efforts to meet with the contractor were unsuccessful. Knowing of the development, I had my staff alerted to keep their eye on the project and get maps as soon as possible. We tried a number of times during the first quarter but were essentially blocked from the project. We found out much later that the construction company of J.M. Peters, Inc. had somehow been led to believe that Community Cablevision' had that franchise and therefore they had no desire to let a second cable company in. We do not know the source of their information nor do we intend to imply that our competition was in any way responsible, however the result was that Community was provided F� access and we were not. They have already designed their system and provided prewire material. When Group W was finally able to talk to someone, the trenching for the commercial portion of the project was in progress. At that time, rather than stop the project until we could design, we informed the contractor that we did not need to serve the commercial area and would forego that. However, if a grant of the franchise hinges on that issue, we will be more than glad to serve the commercial area (a total of three buildings). If awarded the franchise alone, we would be more than willing to work with Community Cablevision to reimburse them for the costs of the conduit system they 'installed and any prewire material provided. Because of the unfair situation which led to this inequity, We believe that the fact that Community Cablevision is ahead of the game in that area should not be considered in making this decision since we were denied equal access. So what factors should be taken into consideration for this decision? Presently both systems provide 35 channels of programming to their subscribers. We have no qualms in saying that Group W's overall picture quality is at least as good as our competitors. What about rates? A review of the enclosed comparison shows Group W's installation rate to be significantly lower, the monthly service rate for comparable basic service to be lower, and the monthly rate for the same premium channels to be lower. Also note that Group W carries Prime Ticket, a regional sports network which includes Laker home games, Forum boxing, area college sports, etc., as part of our basic service while to get Laker games via Community's ON /Select service the customer must pay an additional $17.80 per month. Financially we believe that Group W provides a superior offering. How about service ?' With the completion of our upgrade, service calls in Group W's system have dropped to 2.5% of the subscriber base per month. Over the past 4' months we have been able to offer same day response to service problems on approximately 40% of our requests. System outages have dropped tremendously with the completion of the upgrade. For the most part, new installations are scheduled an average of 3,days out. Incoming phone call abandonment has steadily improved and last month averaged 3% of incoming calls lost. All of these are areas which we specifically track and constantly assess to improve the service to our customers. In summary, we feel that Group W is providing as good a service to its customers as our competitor, but that our rates are more favorable to the public. While we accept that the City does not feel bound by the prior franchise we held with the County of Orange covering this same area, we feel that our present performance shows that we will provide good, solid service and that our prior franchise for that same specific area should carry considerable weight in the decision. Group W commits to serve both the commercial and residential areas of the franchise. We intend to continue to develop and cultivate a solid, long term relationship with Newport Beach and to constantly strive to provide the best product we can to our subscribers. 9 Comparison of Rates Group W Community Cablevision Installation $19.95 $34.95 Basic Service (Primary) 11.50 14.95 (Converter Required) Basic Service (additional) 4.00 2.60' Converter 1.50 - -- Premium Channels (Primary) HBO 10.95 12.55 Cinemax 10.95 12.55 Showtime 10.95 12.55 Disney 10.95 11.50 Z 10.95 - -- On /Select. - -- 17.80 Premium (additional 2.00 4.15 Community Cablevision J. Donald S. McNutt President May 9, 1986 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P. 0. Box 1768 Newport Beach, California 92663 -3884 Dear Mr. Delino: Community Cablevision Company hereby requests an expansion of its franchise area to include the area described in the attached boundary description. Also enclosed is a map on which the expanded area is identified. It is assumed that all terms of the current franchise agreement and the City's ordinance will apply to this area. The following information is provided to support our request and satisfy all requirements of Section 5.44.170 of the City's CATV ordinance: a) Community Cablevision Company (CCC) 1061 Camelback Street Newport Beach, California 92660 b) Surveyors map enclosed - if any CATV system is built by CCC in the additional area requested, services provided will be consistent with the terms and conditions of the existing franchise agreement. c) Rates and charges for services will be consistent with those in effect for all other areas covered by CCC franchise. d) All permits and contracts will be negotiated prior to initiation of construction and copies will be provided to the City. e) Areas served and names and addresses of officers - attached. f) Statement attached. Enclosed is our check for $1,000 to cover the City's required fee for requesting a franchise. If yo!V7have any questions or require additional information, please �/ Enclosures 1061 Carnelback Street, Newport California 92660 •(714)720 - 2046. AREAS SERVED BY COMMUNITY CABLEVISION COMPANY: Irvine Portions of Newport Beach Portions of Tustin OFFICERS OF COMMUNITY CABLEVISION COMPANY: DON McNUTT President Community Cablevislon Company 1071 Camelback Street Newport Beach, California 92660 TERRY CORDELL Director of System Operations Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 STUART GROMAN Controller Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 JANIS WALKER Director of Marketing and Community Relations Community Cablevision Company 1071 Camelback Street Newport Beach, California 92660 1.2. 1071 Camelback Street, NewPDrt Beach; California 92660 • (714) 7202020 /3 May 9, 1986 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P.O. Box 1768 Newport Beach, California 92663 -3884 Dear Mr. Delino: Community Cablevision Company (a wholly owned subsidiary of The Irvine Company) has operated cable systems in the Cities of Newport Beach since 1967, Tustin since 1973 and Irvine since 1977. There is a total of approximately 450 plant miles In the three systems. The funds required to build and maintain this plant and to meet new construction requirements are generated from the internal resources of Community Cablevision Company and its parent company whose references are attached. We appreciate the opportunity to work with you to develop cable television availability for your residents. Sincerely, jGStuarroman Controller 1071 Camelback Street, Newport Beach, California 92660 • (714) 7202020 .- J;�. "111W 11 ilk May 9, 1986 Gentlemen: Please accept the following financial references for The Irvine Company:- Mr. Christopher J. Warmuth Vice President SECURITY PACIFIC NATIONAL BANK 333 South Hope Street Los Angeles, California 90071 Telephone: (213 613 -5349 Mr, Erich H. Goodbody Vice President WELLS FARGO BANK 660 Newport Center Drive Newport Beach, California 92660 Telephone (714) 973 -3746 Mr. Richard L. Gabel Vice President BANK OF AMERICA 525 South Flower Street Los Angeles, California 90071 Telephone: (213) 228 -4133 NOTE: The SIC Code that Dun and Bradstreet has assigned to The Irvine Company is 6552. Stuart Groman Controller 17 '1071 Camelback Street, Newport Beach, California 92660 • (714) 7202020 RICHARD J. WATERMAN Director, Corporate Affairs May 15, 1986 Mayor Philip Maurer and Members of the Newport Beach City Council 3300 Newport Avenue Newport .Beach, CA 92661 Dear Mayor Maurer and Councilmembers: GH16P W CABLE Group W Cable, Inc., A Subsidiary of WESTINGHOUSE BROADCASTING AND CABLE, INC. 150 EL CAMINO REAI., SUITE 200, TUSTIN, CA 926aO In accordance with the provisions of Section 5.44.170 of the Municipal Code of the City of Newport .Beach, Group .W Cable, Inc. hereby submits an application for a franchise area recently annexed to the City of Newport Beach, known as the Bayview Project. The following underlined excerpts . are the requirements containe< in the Municipal Code for a franchise application. (a) The name and address of applicant. Group W Cable, Inc. 888 Seventh Avenue New York, NY 10106 (b) A general desc ?.otion of applicant's proposed CATV operation., including a tentat.'Ye map of areas to be served. We propose to provide the same facilities and services we currently offer to subscribers in our existing Newport Beach franchise area. The tentative map of the new area., known as the Bayview Project, and a legal description of this area is attached. (c) A statement or schedule in a charges co subscribers ror installation ana services, ana a copy or proposea service aqreement between the.. grantee and its •subscribers • shall accompanv the application.. The proposed rates and charges to subscribers and the proposed service agreement are those currently in effect in our existing Newport Beach franchise area. A copy of the rate schedule and service agreement are attached. /J • Newport Beach City Counf May 15, 1986 Page 2 (d) contract or vidinq for as poles, lines, or conduits. use if exi , between the w of such )licant and an utility, such Copies of our existing pole attachment agreements with Southern California Edison and Pacific Bell, are attached. (e). A statement of the organization of applicant, including the names and addresses of its officers, directors and associates, and also including the names of subsidiary companies with a listing of other areas being served by CATV or similar systems. If a franchise is granted to a person, firm, qroup or on is not disclosed in the or revoked Group :W Cable, .Inc.., a New York corporation, is a wholly-owned subsidiary of Westinghouse Broadcasting and Cable, Inc., an Indiana corporation, which, in turn, is wholly - owned subsidiary of Westinghouse Electric Corporation, a Pennsylvania corporation. Westinghouse Electric Corporation's stock is publicly traded on the New York Stock Exchange. A copy of the 1985 Westinghouse Annual Report is attached, which contains the information relative to Group W's officers and directors. Also attached is a listing of other areas being served by Group W Cable, Inc. Westinghouse has entered into an agreement to sell all of the stock of Group W Cable, Inc.. to American Television and Communications Corporation; Century Southwest Cable Television, Inc..; Comcast Corporation; Daniels & Associates, Inc.; and TCI Holdings, Inc. (or their designated affiliates or assignees). Comcast Cablevision of California will .become the operator and owner of Group W's Newport Beach cable system. The City of Newport Beach approved the foregoing on April 14, 1986, pursuant to Resolution No. 86-25.. This franchise application is being submitted with the understanding that the same ownership structure would apply and be authorized in the new franchise territory. (f) Applicant shall also furnish a financial statement as to the company's or =poration':s financial ability to complete installation and operation of the CATV system.. Attached is the 10K for Westinghouse for 1985. I believe that the foregoing statements, plus attachments hereto, and our enclosed application fee of $1,000.00, as provided in Section 5.44..172., include all requirements of the City of Newport Beach Municipal Code for a franchise application. However, if additional information is required, please contact me or our system manager, Mike McDonald. Sincerely, Rich rd }'Water man Director, Corporate Affairs RJW:1t cc: Mike McDonald Jim Bequette 16 Norman Nelson Group W Newport Beach Rate Card Installation Basic Service (Primary Basic Service (Additional) Converter Premium Channel (Primary) Premium Channel (Additional) 17 $19.95 11.50 4.00 1.50 10.95 2.00 0 • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 28, 1986 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: CATV ORDINANCE Council Agenda Item No. - A N V THE CITY COUNCIL CITY OF NEWPORT REACH APR 2 8 1986 BY TK7 Cls-d COUNCIL Cirt OF NEWFORT BEACH ACTION: Introduce Ordinance No. and pass to second reading on MAY 12 1996 May 12, 1986. � �- e2e( In/, - z BACKGROUND: This is a housekeeping item to correct'an oversight from a previous amendment. The City Council approved the deregulation of CATV rates by Ordinance 85 -22 on August 26, 1985 by amending Municipal Code Section 5.44.035. At that time, it was not noticed that Section 5.44.160 also contained a reference to rates. The attached ordinance will amend that oversight. IL KJD:ets DELINO KENNETH Attachment • ORDINANCE No. 86 -9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 5.44.160 OF THE NEWPORT BEACH MUNICIPAL CODE. The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Section 5.44.160 is amended to read as follows: 5.44.160 Miscellaneous Provisions,. (a) All matters herein provided to be filed with the City shall be filed with the City Clerk. (b) The grantee must pay the City a sum of money suf- ficient to reimburse it for expenses incurred by it in publishing legal notice and ordinances in connection with the granting of a franchise pursuant to the provisions of this chapter; such payment to be made within thirty (30) days after the City shall furnish such grantee with a written statement of such expense. (c) The grantee shall maintain a toll free telephone number within the City of Newport Beach so that CATV maintenance services shall be promptly available to subscribers. (d) No person, firm or corporation in the existing service area of grantee shall be arbitrarily refused service; provided, how- ever, that grantee shall not be required to provide service to any subscriber who does not pay the applicable connection fee or the applicable monthly service charge. (e) The City Council may, upon finding that extraordinary circumstances applying to land, buildings or CATV system do exist, waive any or all of the requirements of this chapter. (f) Any CATV system existing in the City prior to the adoption of this chapter shall, within sixty (60) days after the effective date of this chapter make application for a franchise. Said system may continue its existing operations, but may not enlarge or expand same without first securing a franchise from the City. (g) Grantee shall, without charge, provide all subscriber services of its system to all public school buildings. City police and fire stations, City recreation centers and such other buildings owned or controlled by the City as the City Manager shall designate. ACCEPTANCE OF CATV FRANCHISE TO THE CITY OF NEWPORT BEACH, CALIFORNIA, AND TO THE HONORABLE CITY COUNCIL OF SAID CITY: Community Cablevision Company, a wholly owned subsidiary of The Irvine Company, a MICHIGAN corporation, being the person identified as the Grantee in Ordinance No. 85 -4, duly adopted by the City Council of the City of Newport Beach on the 25th day of March , 1985, hereby accepts the amendment to CATV franchise therein granted, together with all of the terms and conditions thereof. Dated: April 2, 1985 [Seal of corporation] Community Cablevision Company, a Division of The Irvine Company, a Michigan corporation, tle: By: Ap?)Ioved as to form: / City Attorney' CERTIFICATE OF CITY CLERK I hereby certify that the foregoing Acceptance of CATV Franchise was receiv d by me at thg hour of /Z c7c, o'clock Lill on the ^+ day of 1985. City Clerk: s �� " • • (�2-) COUtemN L AGENDA I/No.` D -1 BY THE CITY COUNCIL CITY OF NEWPORT BEACH CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER BY THE CITY COUNCIL CITY OF NEWPORT BEACH MAR 2 51985 March 11, 1985 MAR 111985 cl'% cr2k H-V 4 A g -IDA TO: MAYOR AND CITY COUNC �� sYC CsL %1l j9j FROM: Executive Assistant SUBJECT: EXTENSION OF CATV'FRANCHISE AREA, COMMUMITY CA$ISVIS11ON COMPANY= Action:. Hold hearing, close hearing and if desired introduce Ordinance and pass to second reading on March 25, 1985. Background: This item was continued from the council meeting of December 10, 1984, to enable Staff to access the results of the Group W rebuild and the implications of an overbuild on subscriber services. The original Staff Report is attached. Essentially, the Community Cablevision Company which now- serves the eastern portion of the City, north of Coast Highway and east of Jamboree Road is requesting to extend its franchise area into the airport/ industrial area and the Bayside Marina /Promotory Point /Dunes/ Newporter Inn /Park Newport area which is also within the Group W franchise area. Analysis: The Group W rebuild is well underway and approximately 50% complete. Final completion is expected sometime in August. As stated in the earlier Staff Report, inspections by the Building Department indicate that the construction work is first class. Comparison of the channels and services offered by the two companies is presented below: CHANNEL'S GROUP W COMMUNITY CABLEVISION 2 -13 x x FNN x KFMB x KOCE x x KCET x x' KGTV x KMEX x X KSCI x x KIHS x KWHY x X MTV x x' WTBS x x 9 CHANNELS ESPN NICKLEODE.ON/ ARTS CNN LIFETIME USA C -SPAN WOR SELECT TV .SHOWTIME ON -TV DISNEY CINEMAX HBO Z- CHANNEL LOCAL/ INTERACTIVE WGN WEATHER KDOC KTBN GROUP W COMMUNITY CABLEVISION x x V4 x x x x x x x X X x x x x x x x x x X x x X X X x • Staff has contacted managers of each of the major facilities in the subject area with the following results: DE ANZA MOBILE HOME VILLAGE -Sam Nigro De Anza Village is currently served by a combination of Group W and a',master antennae. All facilities are underground and no individual antennae are allowed. - Mr. Nigro stated that the Village was adequately served now and that he did not invision an additional CATV company gaining access to the Village. Accordingly, he said that granting the request for the extension to the franchise area would make no difference to his facility. BAYS'IDE MARINA-Eddie Powers The Marina is not currently served by any CATV company,however conduit is being installed at the present time. The Bayside • Marina is operated by the California Recreation Company which is a subsidiary of The Irvine Company as is Community Cablevision. Mr. Powers stated that he has had experience with both Group W and Community Cablevision, and he would prefer that Community Cablevision be given the opportunity to service the Marina. PROMONTORY POINT -Mark Jeffries Promontory Point is currently served by Group W. Mr. Jeffries stated that he has both service and billing problems with Group W. Promontory Point is owned and operated by The Irvine Company as is Community Cablevision. Mr. Jeffries stated that he has had experience with both Group W and Community Cablevision and Promontory Point - continued he would prefer that Community Cablevision be allowed to service Promontory Point. PARK NEWPORT APARTMENTS- Barney Chen Park Newport is currently not served by Group W and.has its master antennae system. The management intends to relinquish its role in providing TV service to its tenants. Proposals are now being considered from companies operating master antennae systems and from Group W. An earlier proposal by Group W was rejected by the management. The management desires to obtain for its tenants a CATV system which will provide a maximum of services and which will deal directly with tenants for billing and marketing. Generally speaking, master . antennae operators do not offer as many services as a CATV company. Mr. Chen stated that he seeks to obtain the best available service for his tenants and expressed an opinion that increased competition fostered by introduction of an additional CATV company would be beneficial to the Park Newport. Apartments. ® NEWPORTER INN -Julio Perez The Newporter Inn currently does not provide commercial TV service to its guests. Movies are available to the guest rooms via an in -house system. Mr. Perez stated that the Newporter Inn is up for sale and that the current management has no plans or desires to introduce CATV service. RECOMMENDATION: Based upon the above investigation it appears that, on balance, the subscribers in the subject area prefer Community Cablevision: While. no formal statements have been made, the local manager of Group W has indicated some concern over the possible loss of the subscribers in Promontory Point. The Staff has not uncovered any adverse affects upon subscriber service that would result from the extension of the Community Cablevision franchise boundary. Based upon the stated preference of the subscribers in the area, it is recommended the request of Community Cablevision be approved. ® 1 KENNETH DE INO KJD:glo -3- • • CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER December 10, 1984 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant COUNCIL AGENDA ITEM N0, D -5 SUBJECT: Extension of CATV Franchise Area Community Cablevision Company ACTION: Hold hearing, close hearing and., if desired, introduce Ordinance and pass to second reading on January 14, 1985, or, continue this item until March 1.1, 1985. BACKGROUND: By ordinance, Community Cablevision Company was granted a non- exclusive franchise to operate a community antenna TV (CATV) system in the area of the City shown on the map attached as Exhibit "A ". A similar non - exclusive franchise was granted to Group W for all other areas of the City. Both franchises expire in 1992. By Letter dated October 11, 1984, (Exhibit. "B ") Community Cablevision Company requested an extension of that area as shown on Exhibit "A ". The additional area requested by Community Cablevision would extend into the franchise area of Group W. Such overlapping franchises are commonly referred to as "overbuilds ". Community Cablevision Company has complied with all provisions of • the Municipal Code regarding the application for a franchise including the payment of a $1,000 application fee. All information required of applicants by the Municipal Code is attached as Exhibit "C ". Additionally, a detailed metes-and-bounds description of the extended franchise area has been submitted and an appropriate ordinance is attached. ANALYSIS: The additional area requested by Community Cablevision contains the following: y 0 • • DEVELOPMENT UNITS CURRENTLY SERVED BY GROUP W Maikai Apartments 20 du Yes Bayside Marina 250 slips J N Bayside Cove 68 du Yes Promontory Point 520 du Yes DeAnza Mobile Home Park 291 units Yes Dunes Hotel 275 rooms N/A (proposed) Newporter Inn 390 rooms No Park Newport 13O0 du No Airport Commercial N/A No • Community Cablevision currently serves 3,800 subscribers in Newport Beach and Group W serves' 8,500 subscribers. The franchising and regulation of CATV Systems has been the subject of recent federal legislation and a variety of legal cases. In the opinion of this office, after review of the literature and the federal Cable Communication Policy Act, 1984, the City possesses the legal authority to grant the request of Community Cablevision Company. The franchises of both Community Cablevision and Group W are non - exclusive and clearly labeled.as such. The consequences to subscriber services as a result of overbuilding are difficult to predict. Community Cablevision, in all respects, has performed admirably. Few, if any, complaints have been received by the City from subscribers, and the service and programming of Community Cablevision are excellent. Staff has an excellent working relationship with the management of Community Cablevision who are cooperative and helpful. There is every reason to believe that this experience would be extended to any new areas. • While Community Cablevision in the past has had a better performance record than Group W, there have been no concentration of complaints from the area in question. Furthermore, Group W is in the process of rebuilding almost their entire CATV system in Newport Beach, and inspections by the Building Department indicate that the construction work is first class. And while the Newporter Inn and Park Newport are not served by Group W, the City has had no complaints from them about the lack of service. 57 2 The competition between two CATV companies may promote more . ® choices and better services for subscribers. Excess competition, on the other hand, may cause decreased service as the number of subscribers are spread too thin to support both systems. A complete understanding of the effects on service resulting from the overbuild requested by Community Cablevision will require more study. Specifically, each of the developments in the area need to be contacted regarding their needs and desires for CATV. Also, the effects of the Group W rebuild on service and marketability needs to be assessed.(For example, Group W has been unable as yet to sign up Park Newport and the Newporter Inn. The upgraded system, however, may prove to be more attractive.) RECOMMENDATION: Continue this item until March 11, 1985, to enable staff to assess the results of the Group W rebuild and the implications of an overbuild on subscriber service. 11 KJD :glo • �„ 3 1 L' KENNETH J D LdNO tt aocv%15� \ d add It'lona ,,,te Ike 0 I iix • E • 0 Cnrnmunity (,onnj'aw. 1001 Camelback Sir•rr `k.. Aetcporrt Bcacii Calif.)rmr: 92[)oU (7 14) 7 :0 040 1. Don,dd Sde',NU11 pre vdcnr October 11, 1984 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear Mr. Delinoi L7 i OCT 12 19g¢ 4,Y 44 �Ctf Community Cablevision Company hereby requests an expansion of its franchise area to include the area described in the attached boundary description. Also enclosed are maps on which the expanded area is' identified. It is assumed that all terms of the current franchise agreement and the City's ordinance will apply to all areas within the expanded boundaries. Community Cablevision Company reserves the right not to build or extend cable television facilities to these new areas if it is not financially feasible. The existing terms of the franchise agreement allow that if an extension of more than 150 feet is required to provide service to a requesting party, the request- ing party must bear the cost of such extension and installation.. It is the intention of Community Cablevision Company that this policy be applied to all new areas included in this request. Enclosed is our check for $1,000 to cover the City's required fee for request- ing a franchise. If you have any questions or require additional information, please contact me. S'i cerely, L Don McNutt McNutt Enclosures Exhibit. "B "' Conimuiut< Cabicvisinn. Cgmjyani 1061 Camciback SCTeet �.,._.�,.. Ncu,pna Brads, . California Wb60 (714) 7_'0 -_046 I. Donald Mc\iucr President November 27, 1984 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear Mr. Delino: Per your request, the following information is provided to support our request to expand the boundaries of our CATV franchises and to satisfy all requirements of Section 5.44.170 of the City's CATV ordinance: a) Community Cablevision Company (CCC) 1061 Camelback Street Newport Beach, California 92660 b) Surveyors map enclosed - if any CATV system is built by CCC in the additional area requested, services provided will be consistent with the terms and conditions of the existing franchise agreement. c) Rates and charges for services will be consistent with those in effect for all other areas covered by CCC franchise. d) All permits and contracts will be negotiated prior to initiation of construction and copies will be provided to the City. e) Areas served and names and addresses of officers - attached. f) Statement - attached. S'(cerely, IDon McNutt Enc. Exhibit "C" Page -1- 9 • Community Cableaision Company . -- 106! Carnelhark Street Newport Beach, California 92660 (714) 720 -2020 • November 27, 1984 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear Mr. Delino: Community Cabievision Company (a wholly owned subsidiary of The Irvine Company) has operated cable systems in the Cities of Newport Beach since 1967, Tustin since 1973 and Irvine since 1977. There is a total of approximately 390 plant miles in the three systems. The funds required to build and maintain this plant and to meet new construction require- ®ments are generated from the internal resources of Community. Cabievision Company and ts parent company whose references are attached. We appreciate the opportunity to work with, you to develop cable .television availability for your residents. Sincerely, G.R. Johnson Controller • Exhibit " C,, Page _2- M -r in COPMMMity Cahlevision Company 1061 Camelback Street Newport Beach, Cali(onva 92660 (711) 720 -2020 November 27, 1984 Gentlemen: Please accept the following financial references for The Irvine Company: Mr. Christopher J. Warmuth Vice President SECURITY PACIFIC NATIONAL BANK 333 South Hope Street Los Angeles, California 90071 Telephone: (213) 613 -5349 Mr. Erich H. Goodbody Vice President WELLS FARGO BANK 660 Newport Center Drive Newport Beach, California 92660 Telephone: (714) 973 -3746 Mr. Richard L. Gabel Vice President BANK OF AMERICA 525 South Flower Street • Los Angeles, California 90071 Telephone: (213) 228 -4133 NOTE; The SIC Code that Dun and Bradstreet has assigned to The Irvine Company is 6552. G.R. Johnson Controller Exhibit "c" — Page -3- November 27, 1984 • AREAS SERVED BY COMMUNITY CABLEVISION COMPANY: Irvine Portions of Newport Beach Portions of Tustin OFFICERS OF COMMUNITY CABLEVISION COMPANY: Don McNutt President Community Cablevision Company 1061 Camelback Street Newport Beach, California 92660 Terry Cordell Director of System Operations Community Cablevision Company 1061 Camelback Street Newport Beach, California 92660 G.R. Johnson Controller Community Cablevision Company 1061' Camelback Street Newport Beach, California 92660 Janis Walker Director of Marketing and Community Relations Community Cablevision Company 1061 Camelback Street Newport Beach, :California 92660 E Exhibit "C" Page -4- 412, ORDINANCE NO. AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE NO. 1891 TO EXTEND THE AREA OF A NON - EXCLUSIVE FRANCHISE WITH COMMUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Amendments. Ordinance No.. 1891, an ordinance of the City of Newport. Beach renewing a non - exclusive franchise with Community Cablevision Company to construct, maintain., . and operate a community antenna television system within said city, .adopted, by the City Council on the 23rd day of November, 1981, is amended so as to replace the description of the franchise area appearing in Section 2 "Grant of • Franchise" of Ordinance No. 1891 with the description that is attached hereto as Exhibit "A ". SECTION 2. Acceptance of Franchise. This franchise shall not become effective, for any purpose, unless and until written acceptance thereof shall have been filed with the City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall be and operate as an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day next following the date of the adoption by the City Council of the ordinance; and, if the filing of such written acceptance by any such Grantee shall not be received by ® the City Clerk, then such Grantee shall have no rights, remedies or redress in the premises, unless and until the City Council shall., by resolution, determine that such acceptance be received or filed, and, then, upon such terms and conditions as the City Council may impose. �3 AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS: ABSENT COUNCILMEMBERS: MAYOR ATTEST: CITY CLERK 2 /X SECTION 3. Acceptance Fee. The Grantee shall, upon the acceptance of this ® franchise, pay to the City of Newport Beach, in consideration of the granting of this franchise, .. the sum of $1,00.0.00 as and for an Acceptance Fee, SECTION 4., Effective Date. This ordinance shall become. effective 30 days from and after the date of its adoption;; provided, however, that the franchise . hereby granted shall not become effective unless . and until the Grantee files written acceptance thereof in the manner specified. in. :Section 2 of this ordinance and delivers such acceptance in accordance with the requirements of Chapter 5.44 of Title 5 of the Newport Beach Municipal Code. SECTION 5. Publication. This ordinance shall be published once in.. the official newspaper of the City. • This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held On the . day of 1984, and was adopted on the day of 1485, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS: ABSENT COUNCILMEMBERS: MAYOR ATTEST: CITY CLERK 2 /X 0 LEGAL DESCRIPTION FOR COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE BOUNDARY "Block 93 and that portion of Blocks, 50, 51, 52, 53, 54, 55, 56, 57, 58, 91, 91, 94, 96, 97, 98, and 129 of Irvine's Subdivision in the Clty of Newport Beach, County of Orange, State of California, as per, map recorded in Book 1, Page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows ": Beginning at the West corner of said Block 96; thence Southeasterly along the Southwesterly line of said • Block 96 to the Easterly corner of Tract No. 673 as' per map recorded in Book 20, Pages 17 and 18 of Miscellaneous Maps, said corner being also an angle point in the boundary of the Harbor View Annexation to the City of Newport Beach as established by City Ordinance No. 896; thence Northeasterly along said Annexation boundary the following/ four courses, North 76011100" East 151.58 feet, North 43048'50" East 103.1>5 feet, South 73015'45" East 147.57 feet and North 1046134" East 166.20 feet to an angle point at the boundary of Annexation No. 57 to the City of Newport Beach as established by Resolution No. 6203, dated August 9, 1965, of the City of Newport Beach Council and amended by Resolution No. 6247, dated November 8, 1965, said point being the Southwesterly terminus of that certain course described therein as "North 44056'20" East 114.30 feet'; thence generally Northeasterly and Northwesterly, along said Annexation No. 57 the following ten courses, North 44056'20" East 114.30 feet, South 70033'35" East 145.88 feet, North • 59041130" East 156.36 feet, South 28021'05" East 133.00 feet, North 87026105" East 72.35 feet, North 89000'00" East 660.00 feet, North 40000'00" East 1320.00 feet, North 24000'00" East 1680.00 feet, EAST 1050.00 feet and North 7000'00" East 640.00 feet more or less to a point on the Southwesterly line of said Block 97; thence along said Southwesterly line North 49023'25" West 662.08 feet to a point in the boundary line of Annexation No. 70, Harbor View Hills - Phase 3 Exhibit A - Page 1 /,? / J3, to the City of Newport Beach as established by Resolution No. 7311, dated July 8, 1970; thence along the boundary line of said Annexation No. 70 the following fourteen courses, Easterly along a non- tangent curve concave Northerly having a radius of 1940.00 feet through a central angle of 2058'25" an arc distance of 100.68 feet, North 78018'1,2" East 91.45 feet, Easterly . along a tangent curve concave Southerly having a radius of '2060.00 feet through a central angle of 28032109" an arc distance of 1025.9 7 feet, South 73009'39" East 1316.69 feet, Easterly along a tangent curve concave Northerly having a radius of 1940.00 feet through a central angle of 14024`32" an arc distance of 487.88 feet, South 87034'11" East 626.85 feet, North 13030109" West 2148.40 feet, South 76029151" West 289.80 feet, North 21042'29" West 1261.95 feet, North 11055107" West 448.09 feet, North 22017'55" West 454.58 feet, North 50046105" West 77.21 feet, North 15018'07" West 276.97 feet, and North 40011'36" West 283.12 feet to a point on the boundary line of Tract No. 9858 as per map filed in Book 436, pages 1 through 7, inclusive, of Miscellaneous Maps, records of said County; thence along the boundary line of said Tract No. 9858 the • following thirteen courses, North 24046'08" East 20 feet, South 65013152" East 25.00 feet, North 32053'06" East 69.81 'feet, North' 1009118" East 27.54 feet, North 89059'43" East 56.00 feet, NORTH 175.00 feet, North 57 050'47" East 45.91 feet, North 11030'17" East 115.32 feet, North 290`20116" East 157.16 feet, North 64003'28" East 41.15 feet, North 20033'22" West 119.62 feet, NORTH 70.00 feet and North 58005'06" West 76.64 feet to a point on the boundary line of said Annexation No. 70; thence along the boundary line of said Annexation No. 70 the following six courses, North 46054'32 East 323.0.1 feet, North 10004'21" West 719.15 feet, North 39053'52" West 397.56 feet, North 8032'57" West 773.60 feet, North 34043144" West 535.70 feet and North 11058'34" West 332.31 feet to a point on the centerline of FORD ROAD, said point being in a curve concave Northerly having a radius of 2000.00 feet, a radial line to said point bears South 48010'17" East; thence Westerly along said curve and along said centerline the following four courses through a central angle of 71012'34" an arc distance • of 2485.68 feet, North 66057'43" West 134.74 feet, Westerly along a tangent curve concave Southerly having a radius of 4000.00 feet through a central angle of 16028153" an arc distance of 1150.62 feet and North 83026'31" West 277.31 feet to a point on the boundary line of Annexation No. 72 to the City of Newport Beach as established by Resolution No. 7245 dated May 11, 1970; thence along the boundary line of said Annexation No. 72 the following seventeen courses, North 6033'29" East 2.00 feet -, Easterly along Exhibit A - Page 2 LX /l a non - tangent curve concave Northerly having a radius of 1.90.00 feet through a central angle of 35044'36" an arc distance of 118.53 feet, North 47041'55" West 65.37 feet, Northwesterly along a non- tangent curve • concave Southwesterly having a radius of 210.00 feet through a central angle of 6 20'46" an arc distance of 23.26 feet, Westerly along a non - tangent compound curve concave Southerly having a radius of 12.46.00 feet through a' central angle of 0050'03" an arc distance of 18.14 feet, North 13005'15" East 6.97 feet, Northwesterly along a non - tangent curve concave Northeasterly having a radius of 450.00 feet through a central angle of 19052'44" an arc distance of 156.13 feet, North 37033'55" West 149.13 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 210.00 feet through a central angle of 20020'00" an arc distance of 74.53 feet, North 57053'55" West 49.14 feet, Northwesterly along a tangent curve concave Northeasterly having a radius of 190.00 feet through a central angle of 20020100" an arc distance of 67.43 feet, North 37033155" West 133.03 feet, Northwesterly along a tangent curve concave Southwesterly having .a radius of 130.00 feet through a central angle of 64014'00" an arc distance of 145.74 feet, South 78012'05" West 9.81 feet and Northeasterly along a tangent curve concave Northeasterly having a radius of 25.00 feet through a central angle of 90000'00" an arc distance of 39.27 feet to a point on the Easterly line of MacArthur Boulevard; thence along said Easterly line and along said Annexation No. 72 South 12036130" east 96.15 feet to a point on the Northwesterly line of said Block 92; thence along said Northwesterly line South 4003615 -4" West 126.18 feet to a point on the Westerly line of said MacArthur Boulevard; thence along the Westerly line of said MacArthur Boulevard the following thirteen courses North 12036'30" West 665.20 feet, Northerly along a tangent curve concave Easterly having a radius of 2050.00 feet through a central angle of 20002'45 ", an arc distance of 717.23 feet, North 7026'15" East 817.64 feet, Northerly along a tangent curve concave Easterly having a radius of 2050.00 feet through a central angle of 350.49 feet, North 17014'00" East 276.77 feet, Northerly along .a ® tangent curve concave Westerly having a radius of 1950.0 feet through a central angle of 11030'00 an arc distance of 391.39 feet, North 5044'00" East 855.16 feet, Northerly along a tangent curve concave Westerly having a radius of 3950.00 feet through a central angle of 4048155" an arc distance of 331.97 feet, North 0055105" East 3206.98 feet, Northerly along a tangent curve concave Westerly having a radius of 2950..00 feet through a central angle of 8043115" an arc distance of 449.01 feet, North 7048110" West 1403.77 feet, South 82011150" West 5.00 feet and North Exhibit A - Page 3 ../ "Y • • 7048110" West 950.00 feet more or less to a point on the centerline of Jamboree Road, being also a point on the boundary line of Annexation No. 73, THE COLLINS • AN.NEXATION, to the City of Newport Beach as established by Ordinance No. 1363, dated May 20, 1970; thence along said centerline and along said Annexation No. 73, North 40038'26" East 4116.13 feet to a point on the centerline of Campus Drive; thence along the centerline of said Campus Drive and along the boundary line of said Annexation No. 73 and along the boundary line of Annexation No. 39, Acacia Street Annexation to the City of Newport Beach as established by Ordinance No. 837, and along the boundary line of Annexation No. 71 to the City of Newport Beach as established by Ordinance No. 1366, dated May 27, 1970 the following three courses, North 49019'34" West 2789.85 feet, Westerly along a tangent curve concave Southerly having a radius of 12 00.00 feet through a central angle of 9000111,0" an arc distance of 1885.36 feet and South 40039'16" West 5401.55 feet to the most Westerly corner of said Annexation No. 71; thence continuing along said Annexation No, 71 the following two courses, South 49020'44" East 330.00 feet and North 40039'15" East 1320.00 feet to a point on the Southwesterly line of said Block 50; thence along said Southwesterly line South 49020'44" East 3600.26 feet to a point on the Westerly line of said Jamboree Road; thence along said Westerly line the following twelve course's, South 39043'50" West 112.69 feet, Southerly along a tangent curve concave Easterly having a radius of 1666.00 feet 'through a central angle of 46056149" an arc distance of 1365.09 feet, South 7012'59" East 465.86 feet, =Southerly along a tangent curve concave Westerly having a radius of 2334.00 feet through a central angle of '14038'17" an arc distance of 596.30 feet, South 82034142" East 16,00 feet, South 7025'78" West 1240.00 feet, Southerly along a tangent curve concave Westerly having a radius of 1150.00 feet through a central angle of 1601.4'53" an arc distance of 326.12 feet, South 23040'11" West 4511.14 feet, Southwesterly along a tangent curve concave Northwesterly having a radius of 1150.00 feet through a central angle of 26034154" an arc distance of 579.92 feet, South 50015'08" West 266.23 feet, Southwesterly ® along a tangent curve concave Southeasterly having a radius of 1250.00 feet through a central angle of 23050133" an arc distance of 520.1.6 feet and South 26024135" West 580.00 feet; thence Westerly in a direct line to a point on the court decree line, as said decree line is described in Superior Court Case No. 20436 recorded in Book 19, page 309, of Judgements, Records of said Orange County, said point being North 5013115" West 550.00 feet along said decree line from station 44 of said decree line; thence along said decree line the following thirty -si.x Exhibit A - Page 4 rf: courses, South 5013115" West 550.00 feet, South 49020145" West 138.90 feet, South 25039'00" East 58.71 feet, South 51031115" East 237.52 feet, South 60047100" East 235.88 feet, South 42040145" East 207.71 feet, South 22024'00" East 367.36 feet, South 0036100" West 290.60 feet, South 18046'30" West 315.70 feet, South 37055130" West 246.25 feet, South 36030'00" West 263.35 feet, South 34048'00" West 640.10 feet, South 70046'00" West 322.80 feet, North 75015100" West 174.90 feet, North 89021'00" West 154.00 -feet, South 57053100" West 86.10 feet, South 19030'00" 284.00 feet, South 45001'00" West 467.80 feet, South 12045100" West 244.00 feet, South 0021100" East 70..70 feet, South 25009'00" East 428.05 feet, South 6010130" East 308.85 feet, South 26022130" West 589.78 feet, South 6034100" West 838.70 feet, South 49019'30" West 535.75 feet, South 71017130" West 357.80 feet, North 86026100" West 528.65 feet, North 62030'00" West 603.30 feet, North 23026130" West 1040.00 feet, North 21013130" 'East 1020.00 feet, North 79045130" West 861.71 feet, North 86047'00' West 482..62 feet, South 45033100" West 231.40 feet, South 34027130" West 468.00 feet, South 25022'30" West 710.80 feet and South 24056100" West 394.15 feet to a • point on the centerline of Pacific Coast. Highway; thence along said centerline the following two courses, North 88012135" East 639.13 feet and Easterly along a tangent curve concave Southerly having a radius of 2000.00 feet through a central angle of 10036'20" an arc distance of 370.20 feet to a point on the Northwesterly prolongation of the Southwesterly line of Bayside Drive; thence along said prolongation and along the Southwesterly and Southerly line said Bayside Drive the following eleven courses, South. 24 19'56" East 777.47 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 834.00 feet through a central angle of 16056'45" an arc distance of 246.66 feet, South 48043119" West 7.00 .feet, South 41016'41" East 321.67 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 843.00 feet through a central angle of 15022131" an arc distance of 226.22 feet, South 56039112" East 411.37 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of • 843.00 feet through a central angle of 28012114" an arc distance of 414.97 feet, South 84051'26" East 100.00 feet, Easterly along a tangent curve concave Southerly having a radius of 757,00 feet through a central angle of 34057145" an arc distance of 461.93 feet, South 49053141" East 117.34 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 855.00 feet through a central angle of 26034'54" an arc distance of 396.67 feet to a point on. the Northerly prolongation of the Westerly line of Lot 2 of 'Tract No. 8073 as per map filed in Book 327, Exhibit A - Page 5 �� • pages 8 and 9 of Miscellaneous Maps, Records of said Orange County; thence along said prolongation and said Westerly line and its Southerly prolongation SOUTH • radius of 745.00 feet through a central angle of 15014116" an arc distrance of 198.13 and Northwesterly along a tangent reverse curve concave Northeasterly having a radius of 330.00 feet through a central angle of 7028118" an arc distance of 43.03 feet to a point on the Northeasterly line of said Jamboree Road; thence along said Northeasterly line the following four courses, Northwesterly along a tangent compound curve concave Northeasterly having a radius of 211.46 feet through a central angle of 18031133" an arc distance of 68.37 feet, North 52007.105" West 225.11 Exhibit A. - Page 6 A'Z I i� 391.52 feet to a point on a line parallel with and 60.00 feet Southerly measured at right angles from the U.S. Bulkhead line between station 101 and station 200, as said Bulkhead line is shown on a map titled "Harbor Lines, Newport Bay Harbor California" on file in the office of the U.S. Engineer; thence along said parallel line to said Bulkhead Line the following seven courses, EAST 1290,83 feet, South 55000'00" East 561.78 feet, South 30000'00" East 978.13 feet, South 17030'00" East 744.55 feet, South 10006'33" East 233.20 feet, South 17030100" East 41.4.29 feet and South 47045'00" East 50.00 feet more or less to a point on Southwesterly prolongation of the Northwesterly line of Lot 1 of Tract No. 2094 as per map filed in Book 57, page 50 of Miscellaneous Maps; thence along said prolongation, and along said Northwesterly line and its Northeasterly prolongation North 43009'00" East 503.00 feet more or less to a point on the Northeasterly line of said Bayside Drive; thence along said Northeasterly line the following thirteen courses, North 46051100" West 321.49 feet, Northwesterly along a tangent curve concave Northeasterly having a radius of 255.00 feet through a central angle of 54054'28" an arc distance of 244.37 feet, North 8001'40" East 272.86 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 445.00 feet through a central angle of 36044'00" an arc distance of 285.30 feet, North 28042120" West 195.14 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 1045.00 feet through a central angle of 11023'10" an arc distance of 207.67 feet, North 40005130" West 648.96 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 5045.00 feet through a central angle of 3005'00" an arc distance of 271.49 feet, North 43010'30" West 130,60 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 1045.00 feet through a central angle of 19059'30" an arc distance of 364.62 feet, North 63010'00" West 320.97 feet, Northwesterly along a tangent curve concave Southwesterly having a • radius of 745.00 feet through a central angle of 15014116" an arc distrance of 198.13 and Northwesterly along a tangent reverse curve concave Northeasterly having a radius of 330.00 feet through a central angle of 7028118" an arc distance of 43.03 feet to a point on the Northeasterly line of said Jamboree Road; thence along said Northeasterly line the following four courses, Northwesterly along a tangent compound curve concave Northeasterly having a radius of 211.46 feet through a central angle of 18031133" an arc distance of 68.37 feet, North 52007.105" West 225.11 Exhibit A. - Page 6 A'Z I i� 0 9 feet, Northwesterly along a tangent curve concave Northeasterly having a radius of 360.00 feet through a central angle of 63039130" an arc distance of 399.95 feet and North 11027125" East 211.08 feet to a point • on the centerline of said Pacific Coast Highway; thence along said centerline South 78032'35" East 1375.97 'feet to the beginning of a tangent curve concave Southwesterly having a radius of 2,000 feet; thence Southeasterly along said curve through a central angle of 28010100" an arc distance of 983.20 feet to a point on the Southwesterly line of said Block 55; thence Southeasterly along the Southwesterly line of said Blocks 55 and 93 to the point of beginning. • • Exhibit A -- Page 7 CITY OF NEWPORT BEACH • OFFICE OF THE CITY MANAGER December 10, 1984 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant COUNCIL GE A ITEM NOZ N5 BY THE CITY COUNCIL CITY OF NEWPORT BEACH DEC 101984 SUBJECT: Extension of CATV Franchise Area Community 22sn Cablevision CompanyZ�� ACTION: Hold hearing, close hearing BY THE CITY COUNCIL and, CITY OF NEWPORT BEACH if desired, introduce Ordinance MAR 111985 and pass to second reading on January 14, ® 1985, or, C r. continue: this item until March 11, 1985. BACKGROUND: By ordinance, Community Cablevision Company was granted a non- exclusive franchise to operate a community antenna TV (CATV) system in the area of the City shown on the map attached as Exhibit "A ". A similar non - exclusive franchise was granted to Group W for all other areas'of the City. Both franchises expire in 1992. By letter dated October 11, 1984, ('Exhibit "B ") Community Cablevision Company requested an extension of that area as shown on Exhibit "A'. The additional area requested by Community Cablevision would extend into the franchise area of Group W. Such overlapping franchises are commonly referred to as "overbuilds ". Community Cablevision Company has complied with all provisions of the Municipal Code regarding the application for a.franchise including the payment of a $1,000 application fee. All information required of applicants by the Municipal Code is attached as Exhibit "C ". Additionally, a detailed metes - and - bounds description of the extended franchise area has been submitted and an appropriate ordinance is attached. ANALYSIS: The additional area requested by Community Cablevision contains' the following: W DeAnza Mobile Home Park 291 units Yes Dunes Hotel 275 rooms N/A (proposed) Newporter Inn 390 rooms No Park Newport 1300 du No Airport Commercial N/A No Community Cablevision currently serves 3,800 subscribers. in Newport Beach and Group W serves 8,500 subscribers. The franchising and regulation of CATV Systems has been the subject of recent federal legislation and a variety of legal cases. In the opinion of this office, after review of the literature and the federal Cable Communication Policy Act, 1984, the City 'possesses the legal authority to grant the request of Community Cablevision Company. The franchises of both Community Cablevision and Group W are non - exclusive and clearly labeled as such. The consequences to subscriber services as a result of overbuilding are difficult to predict. Community Cablevision, in all respects, has performed admirably. Few, if any, complaints have been received by the City from subscribers, and the service and programming of Community Cablevision are excellent. Staff has an excellent working relationship with the management of Community Cablevision who are cooperative and helpful.' There is every reason to believe that this experience would be extended to any new areas. ® While Community Cablevision in the past has had a better performance record than Group W, there have been no concentration of complaints from the area in question. Furthermore, Group W is in the process of rebuilding almost their entire CATV system in Newport Beach, and inspections by the Building Department indicate that the construction work is first class. And while the Newporter Inn and Park Newport are not served by Group W, the City has had no complaints from them about the lack of service. z3 DEVELOPMENT UNITS CURRENTLY SERVED BY GROUP W • Maikai Apartments 20 du. Yes Bayside Marina 250 slips Yes Bayside Cove 68 du Yes Promontory Point 520 du Yes DeAnza Mobile Home Park 291 units Yes Dunes Hotel 275 rooms N/A (proposed) Newporter Inn 390 rooms No Park Newport 1300 du No Airport Commercial N/A No Community Cablevision currently serves 3,800 subscribers. in Newport Beach and Group W serves 8,500 subscribers. The franchising and regulation of CATV Systems has been the subject of recent federal legislation and a variety of legal cases. In the opinion of this office, after review of the literature and the federal Cable Communication Policy Act, 1984, the City 'possesses the legal authority to grant the request of Community Cablevision Company. The franchises of both Community Cablevision and Group W are non - exclusive and clearly labeled as such. The consequences to subscriber services as a result of overbuilding are difficult to predict. Community Cablevision, in all respects, has performed admirably. Few, if any, complaints have been received by the City from subscribers, and the service and programming of Community Cablevision are excellent. Staff has an excellent working relationship with the management of Community Cablevision who are cooperative and helpful.' There is every reason to believe that this experience would be extended to any new areas. ® While Community Cablevision in the past has had a better performance record than Group W, there have been no concentration of complaints from the area in question. Furthermore, Group W is in the process of rebuilding almost their entire CATV system in Newport Beach, and inspections by the Building Department indicate that the construction work is first class. And while the Newporter Inn and Park Newport are not served by Group W, the City has had no complaints from them about the lack of service. z3 The competition between two CATV companies may promote more choices and better services for subscribers. Excess competition, on the other hand, may cause decreased service as the number of • subscribers are spread too thin to support both systems. A complete understanding of the effects on service resulting from the overbuild requested by Community Cablevision will require more study. Specifically, each of the developments in the area need to be contacted regarding their needs and desires for CATV. Also, the effects of the Group W rebuild on service and marketability needs to be assessed.(For example, Group W has been unable as yet to sign up Park Newport and the Newporter Inn. . The upgraded system, however, may prove to be more attractive.) . RECOMMENDATION: Continue this item until March 11, 1985, to enable staff to assess the results of the Group W rebuild and the implications of an overbuild on subscriber service. v KJD:glo -0 3 1 KENNETH J D LINO 1 �� �4 , p� NO ✓.. \ Existing franchise area Requested additional area ° % : If � � �P i[,/rI � ?-- Pa / r•�°' • j � ; 3 z i e. � � 4 s a X' -- ^—' C' , e rwW � �� .00h � ✓s� LID .�° .i • � f fA f •f �J �• \ O . s• �� � NE Ob 1. q�+?ay� c s �� •�`u�w n csTCUrr= • ,. 1C � , p "s a tea+ TZ i a s• r c •A. � .. �^ . �y a ..7 y„ .. b y� a rig' a'~ 4� \.�'•�' r s . �. l` a' '� ,,'. : „':- �, �� ?i .l"` `1 Exhibit "A" Community Cublevisam Compam 106 C 1 amelhack Street Newpon Bcach, California 92MO (714) 7'0-2046 • J. Dicicnc lcNiiit Presidi•n • ;Ls October 11, 1984 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear Mr. Delino: • pCT i z 11-984 C.Ydy, H.:..M �.. V Community Cablevision Company hereby requests an expansion of its franchise area to include the area described in the attached boundary description. Also enclosed are maps on which the expanded area. is identified. It is assumed that all terms of the current franchise agreement and the City's ordinance will apply to all areas within the expanded boundaries. Community Cablevision Company reserves the right not to build or extend cable television facilities to these new areas if it is not financially feasible. The existing terms of the franchise agreement allow that if an extension of more than 150 feet is required to provide service to a requesting party, the request- ing party must bear the cost of such extension and installation.. It is the intention of Community Cablevision Company that this policy be applied to all new areas included in this request. Enclosed is our check for $1,000 to cover the City's required fee for request- ing a franchise. If you have any questions or require additional information, please contact me. Si CO ely, Don McNutt Enclosures Exhibit "B" Gommunitx Cablevision Gompanv 1061 CCamelbuck.Street Newport Beach, Califomia 92660 (71 4) 720 -2046 J. Donald McNuct President November 27, 1984 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear Mr. Delino: Per your request, the following information is provided to support our request to expand the boundaries of our CATV franchises and to satisfy all requirements of Section 5.44.170 of the City's CATV ordinance: a) Community Cablevision Company (CCC) 1061 Camelback Street Newport Beach, California 92660 b) Surveyors map enclosed - if any CATV system is built by CCC in the additional area requested, services provided will be consistent with the terms and conditions of the existing franchise agreement. c) Rates and charges for services will be consistent with those in effect for all other areas covered by CCC franchise. d) All permits and contracts will be negotiated prior to initiation of construction and copies will be provided to the City. e) Areas served and names and addresses of officers attached. f) Statement - attached. f S', cerely, Don McNutt Enc. M Exhibit "C" Page -1- Community Cable* Company 1- 1001 Camelhack Street (714) Newport Beach, Cahfontia.9266(7 {71Q) 7202920 November 27, 1984 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach City Hall 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear Mr. Delino: Community Cablevlsion Company (a wholly owned subsidiary of The Irvine Company) has operated cable systems in the Cities of Newport Beach since 1967, Tustin since 1973 and Irvine since 1977. There is a total of approximately 390 plant miles In the three systems. The funds required to build and maintain this plant and to meet new construction require- ments are generated from the internal resources of Community Cablevision Company and Its parent company whose references are attached. *a appreciate the opportunity to work with you to develop cable television availability for your residents. Sincerely, a..e..�l -.,L G.R. Johnson Controller • Exhibit "C" Page -2- .Z% Community CablevioCompany 1061 Camelback Strect ,✓ Newport Seach, California 92660 (7I4) 720 -2020 • November 27, 1984 Gentlemen: Please accept the following financial references for The Irvine Company: Mr. Christopher J. Warmuth ® Vice President SECURITY PACIFIC NATIONAL BANK 333 South Hope Street Los Angeles, California 90071 Telephone: (213) 613 -5349 Mr. Erich H. Goodbody Vice President WELLS FARGO BANK 660 Newport Center Drive Newport Beach, California. 92660 Telephone: (714) 973 -3746 Mr. Richard L. Gabel Vice President BANK OF AMERICA 525 South Flower Street Los Angeles, California 90071 • Telephone: (213) 228 -4133 NOTE: The SIC Code that Dun and Bradstreet has assigned to The Irvine Company is 6552. d e. '/'ZG G.R. Johnson Controller Exhibit "C" Page -3- November 27, 1984 1A • AREAS SERVED BY COMMUNITY CABLEVISION COMPANY: Irvine Portions of Newport Beach Portions of Tustin OFFICERS OF COMMUNITY CABLEVISION COMPANY: Don McNutt President Community Cablevision Company 1061 Camelback Street Newport Beach, California 92660 Terry Cordell Director of System Operations Community Cablevision 'Company • 1061 Camelback Street Newport Beach, California' 92660 G.R. Johnson Controller Community Cablevision Company 1061' Camelback Street Newport Beach, California 92660 Janis Walker Director of Marketing and Community Relations Community Cablevision Company 1.061 Camelback Street Newport Beach, California 92660 E Exhibit "C" Page. -4- ORDINANCE NO. ® - AN ORDINANCE OF THE CITY OF NEWPORT BEACH. AMENDING ORDINANCE NO. 1891 TO EXTEND THE AREA OF A NON - EXCLUSIVE FRANCHISE WITH COMMUNITY CABLEVISION COMPANY TO CONSTRUCT., MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVISION SYSTEM WITHIN THE CITY The City Council of the City of Newport Beach does ordain as follows: SECTION 1.. Amendments.. Ordinance No. 1891,an ordinance of the City of Newport Beach renewing a non - exclusive franchise with Community Cablevision Company to construct., maintain, and operate a community antenna television,system within said city, adopted by the City Council on the 23rd day of November, 1981, is amended so as to replace the description of the franchise area appearing in Section 2 "Grant of Franchise" of Ordinance No. 1891.. with the description that is attached' ® hereto as Exhibit "A„ SECTION 2. Acceptance of Franchise. This franchise shall not become effective, for any purpose, unless and until written :acceptance thereof shall have been filed with the City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall.. be and operate as an acceptance of each and every term, condition and limitation contained herein., or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day next following the date; of the adoption by the City Council of the ordinance; and, if the filing of such written . acceptance by any such Grantee .shall not be received by the City Clerk, then such Grantee shall have no rights, remedies ® or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance.. be received or filed., and., then, upon such terms and conditions as the City Council may impose. /0 0 ATTEST: • CITY CLERK /c 3/ AYES,. COUNCILMEMBERS: NOES, COUNCILMEMBERS: ABSENT COUNCILMEMBERS: 2 MAYOR 0 �. SECTION 3. Acceptance Fee. The Grantee shall, upon.. the acceptance of this franchise., pay to the City of Newport Beach., in consideration of ® the granting of this franchise, the sum of $1,000.00 as and for an Acceptance Fee. SECTION 4. Effective Date.. This ordinance shall become effective 30 days from and after the date of its adoption; provided:, however, that the franchise hereby granted shall not become effective unless and until the Grantee. ,files written acceptance thereof in the manner specified in Section 2 of this ordinance and delivers such acceptance in accordance with the requirements of Chapter 5.44 of Title 5 of the Newport Beach Municipal Code. SECTION 5. Publication. This ordinance shall be published .once in the official newspaper of the City. This ordinance was introduced at a regular meeting ® of the City Council of the City of Newport Beach held on the day of ; 1984, and was adopted on the i day of ,.1985, by the following vote, to wit: ATTEST: • CITY CLERK /c 3/ AYES,. COUNCILMEMBERS: NOES, COUNCILMEMBERS: ABSENT COUNCILMEMBERS: 2 MAYOR . LEGAL DESCRIPTION FOR COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE BOUNDARY "Block 93 and that portion of Blocks, 50, 51, 52, 53, 54, 55, 56, 57, 58, 91, .91, 94, 96, 97, 98, and 129 of Irvine's Subdivision in the CIty of Newport Beach, County of Orange, State of California, as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows ": Beginning at the West corner of said Block 96; thence Southeasterly along the Southwesterly line of said Block 96 to the Easterly corner of Tract No. 673 as • per map recorded in Book 20, Pages 17 and 18 of Miscellaneous Maps, said corner being also an angle point in the boundary of the Harbor View Annexation to the City of Newport Beach as established by City Ordinance No. 896; thence Northeasterly-along said Annexation boundary the following/ four courses, North 76011'00" East 151.58 feet, North 43048'50" East 103.15 feet, South 73015145" East 147.57 feet and North 1046'30" East 166.20 feet to an angle point at the boundary of Annexation No. 57 to the City of Newport Beach as established by Resolution No. 6203, dated August 9, 1965, of the City of Newport Beach Council and amended by Resolution No. 6247, dated November 8, 1965, said point being the Southwesterly terminus of that certain course described therein as "North 44056'20" East 1 14.30 feet "; thence generally Northeasterly and Northwesterly, along said Annexation No. 57 the following ten courses, North 44056'20" East 114.30 feet, South 70033'35" East 145.88 feet, North 59041130" East 156.36 feet, South 28021'05" East 133.00 feet, North 87026'05" East 72.35 feet, North • 89000100" East 660.00 feet, North 40000'00" East 1320.00 feet, North 24000'00" East 1680.00 feet, EAST 1.050.00 feet and North 7000100" East 640.00 feet more or less to a point on the Southwesterly line of said Block 97; thence along said Southwesterly line North 49023'25" West 662.08 feet to a point in the boundary line of Annexation No. 70, Harbor View Hills Phase 3 Exhibit A Page 1 3 • • • Westerly along a tangent curve concave Southerly having a radius of 4000.00 feet through a central angle of 16028153" an arc distance of 1150.62 feet and North 83026131" West 277.31 feet to a point on the boundary line of Annexation No. 72 to the City of Newport Beach as .established by Resolution No. 7245 dated May 11, 1970; thence along the boundary line of said Annexation No. 72 the following seventeen courses, North 6033'29" East 2.00 feet, Easterly along Exhibit A - Page 2 0 to the City of Newport Beach as established by Resolution No. 7311., dated July 8, 1970; thence along t:he boundary line of said Annexation No. 70 the following fourteen courses, Easterly along a non- tangent curve concave Northerly having a radius of 1940.00 feet through a central angle of 2058'25" an • arc distance of 100.68 feet, North 78018'12" East 91.45 'feet, Easterly along a tangent curve concave Southerly having a radius of 2060.00 feet through a central angle of 28032109" an arc distance of 1025.97 feet, South 73009'39" East 1316.69 feet, Easterly along a tangent curve concave Northerly having a radius of 1940.00 feet through a central angle of 14024'32" an arc distance of 487.88 feet, South 87034'11" East 626.85 feet, North 13030109" West 2148.40 feet, South 76029151" West 289.80 feet, North 21042'29" West 1261.95 feet, North 11055'07" West 448.09 feet, North 22017155" West. 454.58 feet, North 50046105" West 77.21 feet, North 15018107" West 276.97 feet, and North 40011'36" West 283.12 feet to a point on the boundary line of Tract No. 9858 as per map filed in Book 436, pages 1 through 7, inclusive, of Miscellaneous Maps, records of said County; thence along the boundary line of said Tract. No. 9858 the following thirteen courses, North 24046108" East 20 feet, South 65013152" East 25.00 feet, North 32053'06" East 69.81 feet, North 1009'18" East 27.54 feet, North 89059'43" East 56.00 feet, NORTH 175.00 feet, North 57050'47" East 45.91 feet, North 11030'17' East 115.32 feet, North 29020116" East 157.16 feet, North 64003'28" East 41.15 feet, North 20033122" West 119.62 feet, NORTH 70.00 feet and North 58005106" West 76.64 feet to a point on the boundary line of said Annexation No. 70; thence along the boundary Line of said Annexation No. 70 the following six courses, North 46054'32" East 323.01 feet, North 10004'21" West 719.15 feet, North 39053152" West 397.56 feet, North 8032157" West 773.60 feet, North 34043144" West 535.70 feet and North 11058134" West 332.31 feet to a point on the centerline of FORD ROAD, said point being in a curve concave Northerly having a radius of 2000.00 feet, a radial line to said point bears South 48010117" East; thence Westerly along said curve and along said centerline the following four courses through a central angle of 71012'34" an arc distance of 2485.68 feet, North 66057143" West 134.74 feet, • Westerly along a tangent curve concave Southerly having a radius of 4000.00 feet through a central angle of 16028153" an arc distance of 1150.62 feet and North 83026131" West 277.31 feet to a point on the boundary line of Annexation No. 72 to the City of Newport Beach as .established by Resolution No. 7245 dated May 11, 1970; thence along the boundary line of said Annexation No. 72 the following seventeen courses, North 6033'29" East 2.00 feet, Easterly along Exhibit A - Page 2 0 • • a 'non - tangent curve concave Northerly having a radius of 190.00 feet through a central angle of 35 °44'36" an arc distance of 118.53 feet, North 47041'55" West 65.37 feet, Northwesterly along a non - tangent curve concave Southwesterly h.avin$ a radius of 210.00 feet • through a central angle of 6%20'46" an arc distance of 23.26 feet, Westerly along a non- tangent compound curve concave Southerly having a radius of 1246.00 feet through a central angle of 0050'03" an arc distance of 18.14 feet, North 13 005'15" East 6.97 feet, Northwesterly along a non - tangent curve concave Northeasterly having a radius of 450.00 feet through a central angle of 19052144" an arc distance of 156.13 feet, North 37 033155" West 149.13 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 210.00 feet through a central angle of. 20020100" an arc distance of 74.53 feet, North 57053'55" West 49.14 feet,. Northwesterly along a tangent curve concave Northeasterly having a radius of 190.00 feet through a central angle of 20020'00" an arc distance of 67.43 feet, North 37 033155" West 133.03 feet, Northwesterly along a tangent curve concave Southwesterly having .a radius of 130.00 feet through a central angle of 64 014'00" an arc distance of 1.45.74 feet, South 78012105" West 9.81 feet and ® Northeasterly along a tangent curve concave Northeasterly having a radius of 25.00 feet through a central angle of 90 000100" an arc distance of 39.27 feet to a point on the Easterly line of MacArthur Boulevard; thence along said Easterly line and along said Annexation No. 72 South 12 036130" east 96.15 feet to a point on the Northwesterly line of said Block 92 thence along said Northwesterly line South 40 036154" West 126.18 feet to a point on the Westerly line of said MacArthur Boulevard; thence along the Westerly line of said MacArthur Boulevard the following thirteen courses North 12036130" West 665.20 feet, Northerly along a tangent curve concave Easterly having a radius of 2050.00 feet through a central angle of 20002145" an arc distance of 717.23 feet, North 7026'15" East 817.64 feet, Northerly along a tangent curve concave Easterly having a radius of 2050.00 feet through a central angle of 350.49 feet, North 17014100" East 276.77 feet, Northerly along.a tangent curve concave Westerly having a radius of 1950.0 feet through a central angle of 11 030'00" an ® arc distance of 391.39 feet, North 5 044'00" East 855.16 feet, Northerly along a tangent curve concave Westerly having a radius of 3950.00 feet through a central angle of 4048'55" an arc distance of 331.97 feet, North 0°55105" East 3206.98 feet, Northerly along a tangent curve concave Westerly having a radius of 2950.00 feet through a central angle of 804.3'15" an arc distance of 449.01 feet, North 7048110" West 1403.77 feet, South 82011150" West 5.00 feet and North Exhibit A - Page 3 *7 Exhibit A - Page 4 JP5_• 7048110" West 950.00 feet more or less to ,a point on the centerline of Jamboree Road, being also a point on the boundary line of Annexation No. 73, THE COLLINS ANNEXATION, to the City of Newport Beach as ® established by Ordinance No. 1363, dated May 20, 1970; thence along said centerline and along said Annexation No 73, North 40038126" East 4116.13 feet to a point on the centerline of Campus Drive; thence along the centerline of said Campus Drive and along the boundary line of said Annexation No. 73 and along the boundary line of Annexation No. 39, Acacia Street Annexation to the City of Newport Beach as established by Ordinance No. 837, and along the boundary line of Annexation No. 71 to the City of Newport Beach as established by Ordinance No. 1366, dated May 27, 1970 the following three courses, North 49019'34" West 2789.85 feet, Westerly along a tangent curve concave Southerly having a radius of 1200.00 feet through a central angle of 90001'10" an arc distance of 1885.36 feet and South 40039'16" West 5401.55 feet to the most Westerly corner of said Annexation No. 71; thence continuing along said Annexation No. 71 the following two courses, South 49020144" East 330.00 feet and North 40039116" East 1320.00 feet to a point on the Southwesterly line of said Block 50; thence along said • Southwesterly line South 4 9020'44" East 3600.26 feet to a point on the Westerly line of said Jamboree Road; thence along said Westerly line the following twelve courses, South 39043150" West 112.69 feet, Southerly along a tangent curve concave Easterly having a radius of 1666.00 feet through a central angle of 46056149" an arc distance of 1365.09 feet, South 7012'59" East 465.86 feet, Southerly along a tangent curve concave Westerly having a radius of 2334.00 feet through a central angle of 14038'17" an arc distance of 596.30 feet, South 82034142" East 16.00 feet, South 7025'18" West 1240.00 feet, Southerly along a tangent curve concave Westerly ° having a radius of 1150.00 feet through a central angle of 16014153" an arc distance of 326.12 feet, South 23040'11" West 4511.14 feet, Southwesterly along a" tangent curve concave Northwesterly having a radius of 1150.00 feet through a central angle of 26034'54" an arc distance of 579.92 feet, South 50015'08" West 266.23 feet, Southwesterly along a tangent curve concave Southeasterly' having a radius of 1250.00 feet through a central angle of • 23050'33" an arc distance of 520.16 feet and South 26024135" West 580.00 feet; thence Westerly in a direct 'line to a point on the court decree line, as said decree line is described in Superior Court Case No. 20436 recorded in Book 19, page 309, of Judgements, Records of said Orange County, said point being North 5013115" West 550.00 feet along said decree line from station 44 of said decree line; thence along said decree line the following thirty -six Exhibit A - Page 4 JP5_• courses, South 5013'15" West 550.00 feet, South 49020'45" West 138.90 feet, South 25039'00" East 58.71 feet, South 51031'15" East 237,52 feet, South 60047'00" East 235,88 feet, South 42040'45" East 207.71 feet, South 22024'00" East 367.36 feet, South 0036'00" West 290.60 feet, South 18046130" West 315.70 feet, South 37055130" West 246.25 feet, South 36030'00" West 263.35 feet, South 34048100" West 640.10 feet, South 70046'00" West 322.80 feet, North 75015'00" West 174.90 feet, North 89021'00" West 154.00 feet, South 57053'00" West 86.10 feet, South 19030100" 284.00 feet, South 45001'00" West 467.80 feet, South 12045 100" West 244.00 feet, South 0021100" East 70.70 feet, South 25009100" East 428.05 feet, South 6010130" East 308.85 feet, South 26022130" West 589.78 feet, South 6034100" West 838.70 feet, South 49019'30" West 535.75 feet, South 71017'30" West 357.80 feet, North 86026100" West 528.65 feet, North 62030'00" West 603.30 feet, North 23026130" West 1040.00 feet, North 21013130" East 1020.00 feet, North 79045'30" West 861.71 feet, North 86047100' West 482.62 feet, South 45033100" West 231.40 feet, South 34027130" West 468.00 feet, South 25022'30" West 710.80 feet and South 24056'00" West 394.15 feet to a point on the centerline of Pacific Coast Highway; • thence along said centerline the following two courses, North 88012135" East 639.13 feet and Easterly along a tangent curve concave Southerly having a radius of 2000.00 feet through a central angle of 10036'20" an arc distance of 370.2,0 feet to a point on the Northwesterly .prolongation of the Southwesterly line of Bayside Drive; thence along said prolongation and along the Southwesterly and Southerly line said Bagside Drive the following eleven courses, South 24 19'56" East 777.47 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 834.00 feet through a central angle of 16056145" an arc distance of 246.66' feet, South 48043119" West 7.00 feet, South 41016141" East 321.67 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 843.00 feet through a central angle of 15022'31" an arc distance of 226.22 feet, South 56039112" East .411.37 feet, Southe.asterly along a tangent curve concave Northeasterly having, a radius of 843.00 feet through a central angle of 28012114" an arc distance of 414.97 feet, South 84051126" East • 100.00 feet, Easterly along a tangent curve concave Southerly having a radius of 757.00 feet through a central angle of 34057145" an arc distance of 461.93 feet, South 49053141" East 117.34 feet, Southeasterly along a tangent curve concave Northeasterly having a. radius of 855.00 feet through a central angle of 26034'54" an arc distance of 396.67 feet to a point on the Northerly prolongation of the Westerly line of Lot 2 of Tract No. 8073 as per map filed in Book 327, Exhibit A Page 5 KT-j pages 8 and 9 of Miscellaneous Maps, Records of said Orange County; thence along said prolongation and said Westerly line and its Southerly prolongation SOUTH 391.52 feet to a point on a line parallel with and 60.00 feet Southerly measured at right angles from the • U.S. Bulkhead line between station 101 and station 200, as said Bulkhead line is shown on a map titled "Harbor Lines, Newport Bay Harbor California" on file in the office of the U.S. Engineer; thence along said parallel line to said Bulkhead Line the following seven courses, EAST 1290.83 feet, South 55000'00" East 561.78 feet, South 30000'00" East 978.13 feet, South 17030'00" East 744.55 feet, South 10006'33" East 233.20 feet, South 17 030'00" East 414..29 feet and South 47045100" East 50.00 feet more or less to a point on Southwesterly prolongation of the Northwesterly line of Lot 1 of Tract No. 2094 as per map filed in Book 57, page 50 of Miscellaneous Maps; thence along said prolongation, and along said Northwesterly line and its Northeasterly prolongation North 43009100" East 503.00 feet more or less to a point on the Northeasterly line of said Bayside Drive; thence along said Northeasterly line the following thirteen courses, North 46051'00" West 321.49 feet, Northwesterly along a tangent curve concave • Northeasterly having a.radius of 255.00 feet through a central angle of 54054'28" an arc distance of 244.37 feet, North 8001140" East 272:86 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 445.00 feet through a central angle of 36044'00" an arc distance of 285.30 feet, North 28042'20" West 195.14 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 1045.00 feet through a central angle of 11023110" an arc distance of 207.67 feet, North 40005130" West 648.96 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 5045.00 feet through a central angle of 3005'00" an arc distance of 271.49 feet, North 43010'30" West 130.60 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 1045.00 feet through a central angle of 19059130" an arc distance of 364.62 feet, North 63010'00" West 320.97 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 745.00 feet through a central angle of 15014'16" an arc distrance of 198.13 and Northwesterly • along a tangent reverse curve concave Northeasterly having a radius of 330.00 feet through a central angle of 7028118" an arc distance of 43.03 feet to a point on the Northeasterly line of said Jamboree Road; thence along said Northeasterly line the following four courses, Northwesterly along a tangent compound curve concave Northeasterly having a radius of 211.46 feet through a central angle of 18031'33" an arc distance of 68.37 feet, North 52007.105" West 225.11 Exhibit A - Page,6 feet, Northwesterly along a tangent curve concave Northeasterly having a radius of 360.00 feet through a central angle of 6`3034'30" an arc distance of 399.45 feet and North 1.1027'25" East 211.08 feet to a point on the centerline of said Pacific Coast Highway; thence along said centerline South 78032'35" East • 1375.97 feet to the beginning of a tangent curve concave Southwesterly having a radius of 2,000 feet; thence Southeasterly along said curve through a central angle of 2$010'00" an arc distance of 983.20 feet to a point on the Southwesterly line of said Block 55; thence Southeasterly along the Southwesterly line of said Blocks 55 and 93 to the point of beginning. • Exhibit A Page 7 38 Im CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 13, 1984 t TO: MAYOR and CITY COUNCIL FROM: Executive Assistant SUBJECT: Apphioata.cpn of'Communi =.0 levisi °tep Expand Franchise Area ACTION: If desired, adopt Resolution declaring the intent of the City Council to conduct a public hearing to consider the application of Community Cablevision to extend its franchise area within the City of Newport Beach. BACKGROUND: By letter dated October 11, 1984, Community Cablevision requested the City to expand its franchise area as depicted on the attached map. In accordance with the Municipal Code Section 5.44_170(h), the City Council must pass a Resolution declaring its intention to grant the franchise stating the name of the proposed grantee, the charactor of the franchise, and the terms and conditions upon which it is proposed to be granted. Such Resolution shall fix and set forth the day, hour and place, when and where any persons having any interest therein or any objection to the granting thereof may appear before the Council and be heard thereon. An appropriate resolution is attached. An Ordinance amending the existing franchise ordinance for Community Cablevision will be prepared and presented for the City Council Meeting at which the public hearing will be conducted. A complete staff report will also be included at that time. KJD:glo 4 i KENNETH DELINO COUNCIL AGENDA • ITEM No, F -2(H) CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER November 13, 1984 t TO: MAYOR and CITY COUNCIL FROM: Executive Assistant SUBJECT: Apphioata.cpn of'Communi =.0 levisi °tep Expand Franchise Area ACTION: If desired, adopt Resolution declaring the intent of the City Council to conduct a public hearing to consider the application of Community Cablevision to extend its franchise area within the City of Newport Beach. BACKGROUND: By letter dated October 11, 1984, Community Cablevision requested the City to expand its franchise area as depicted on the attached map. In accordance with the Municipal Code Section 5.44_170(h), the City Council must pass a Resolution declaring its intention to grant the franchise stating the name of the proposed grantee, the charactor of the franchise, and the terms and conditions upon which it is proposed to be granted. Such Resolution shall fix and set forth the day, hour and place, when and where any persons having any interest therein or any objection to the granting thereof may appear before the Council and be heard thereon. An appropriate resolution is attached. An Ordinance amending the existing franchise ordinance for Community Cablevision will be prepared and presented for the City Council Meeting at which the public hearing will be conducted. A complete staff report will also be included at that time. KJD:glo 4 i KENNETH DELINO �Nm � \ � � i' // lain• ": '� �� w0`.f'd, s{ \�\ Existing franchise area Requested additional area a �J �T ti 3 � � .� � s✓.: vi `. a��a1. ✓tee ! \ v \ .' \ • ar�"`''�a / rye e r ^ew. {,/ w.o• \\ o< ` ✓v""^- \\ � \ t \�{ i%. \ � �� �{ h+ts s_; *rf3'.�.�,✓'.ai t'?I'LU•°1'd. � F'�rt^:.. °,:� ' l�� \ ')' Sq. � p� � \ Lam, �a., s � {� y ✓ ®S . - \ I � t. . `fir a • y r .� :A '. �Y i°n 6 r .:> yr �\ {w� `. / \ S' curt s p Y \ a pr , sE4a \f µ y' '�ye_y �� � �t.� `` ` ��,, �� - • aa�'s�"� ''' ; ., :1.. • ORDINANCE NO. 85 -4 0 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING ORDINANCE NO. 1891 TO EXTEND THE AREA OF A NON - EXCLUSIVE FRANCHISE WITH COMMUNITY CABLEVISION COMPANY TO CONSTRUCT, MAINTAIN AND OPERATE A COMMUNITY ANTENNA TELEVI'SI'ON SYSTEM WITHIN THE CITY The City Council of the City of Newport Beach does ordain as follows: SECTION 1. Amendments. Ordinance No. 1891, an ordinance of the City of Newport Beach renewing a non - exclusive franchise with Community Cablevision Company to construct, maintain, and operate a- community antenna television system within said city, adopted by the City Council on the 23rd day of November, 1981, is amended so as to replace the description of the franchise area appearing in Section 2 "Grant of Franchise" of ordinance No. 1891 with the, description that is attached hereto as Exhibit "A ". SECTION 2. Acceptance of Franchise. This franchise shall not become effective, for any purpose, unless and until written acceptance thereof shall have been filed with the City Clerk; and such written acceptance shall be in form and substance as shall be prescribed by the City Attorney and shall be and operate as an acceptance of each and every term, condition and limitation contained herein, or otherwise specified by ordinance or resolution of the City Council. Said written acceptance shall be filed by the Grantee not later than 12:01 P.M. of the fifteenth (15th) day next following the date of the adoption by the City Council of the ordinance; and, if the filing of such written acceptance by any such Grantee shall not be received by the City Clerk, then such Grantee shall have no rights, remedies or redress in the premises, unless and until the City Council shall, by resolution, determine that such acceptance be received or filed, and, then, upon such terms and conditions as the City Council may impose. SECTION 3. Acceptance Fee.. The Grantee shall, upon the acceptance of this franchise, pay to the City of Newport Beach, in consideration of the granting of this franchise, the sum Of $1,000.00 as and for an Acceptance Fee. SECTION 4. Effective Date. This ordinance shall become effective 30 days from and after the date of its adoption; provided, however, that the franchise hereby granted shall not become effective unless and until the Grantee files written acceptance thereof in the manner specified in Section 2 of this ordinance and delivers such acceptance in accordance with the requirements of Chapter 5.44 of Title 5 of the Newport Beach Municipal Code. SECTION 5. Publication. This ordinance shall be published once in the official newspaper of the City. This ordinance was introduced at.a regular meeting of the City Council of the City of Newport Beach held on the 11th day of March , 1985, and was adopted on the 25th day of March , 1985, by the following vote,. to wit. ATTEST: CITY CLERK' AYES, COUNCILMEMBERS: NOES, COUNCILMEMBERS; ABSENT COUNCILMEMBERS: MAYOR • LEGAL DESCRIPTION FOR COMMUNITY ANTENNA TELEVISION SYSTEM FRANCHISE BOUNDARY "Block 93 and that portion of Blocks, 50, 51, 52, 53, 54, 55, 56, 57, 58, 91,.91, 94, 96, 97, 98, and 129 of Irvine's Subdivision in the Clay of Newport Beach, County of Orange, State of California, as per map recorded in Book 1, Page 88 of Miscellaneous Record Maps in the office of the County Recorder of said County, described as follows": Beginning at the West corner of said Block 96; thence Southeasterly along the Southwesterly line of said Block 96 to the Easterly corner of Tract No. 673 as per map recorded in Book 20, Pages 17 and 18 of Miscellaneous Maps, said corner being also an angle point in the boundary of the Harbor View Annexation to the City of Newport Beach as established by City Ordinance No. 8961 thence Northeasterly along said Annexation boundary the following /four courses, North 76011100" East 151.58 feet, North 93048'50" East 103.15 feet, South 73015145" East 147.57 feet and North 1046'30" East 166.20 feet to an angle point at the boundary of Annexation No. 57 to the City of Newport Beach, as established by Resolution No. 6203, dated August 9, 1965, of the City of Newport Beach Council and amended by Resolution No. 6247, dated November 8, 1965, said point being the Southwesterly terminus of that certain course described therein as North 44056'20" East 114.30 feet "; thence generally Northeasterly and Northwesterly, along said Annexation No. 57 the following ten courses, North 44056120" East 114.30 feet, South 70033'35" East 145.88 feet, North 59041130" East 156.36 feet, South 28021'05" East 133.00 feet, North 87026'05" East 72.35 feet, North 89000'00" East 660.00 feet, North 40000'00" East 1320.00 feet, North 24000'00" East 1680.00 feet, EAST 1050.00 feet and North 7000'00" East 640.00 feet more or less to a point on the Southwesterly line of said Block 97<; thence along said Southwesterly line North 49023'25" West 662.08 feet to a point in the boundary line of Annexation No. 70, Harbor View Hills - Phase 3 ,Exhibit.A - Page 1 r� LI 0 -2 • to the City of Newport Beach as established by Resolution No. 7311, dated July 8, 1970; thence along the boundary line of said Annexation No. 70 the following fourteen courses, Easterly along a non - tangent curve concave Northerly having a radius of 1940.00 feet through a central angle of 2058'25" an arc distance of 100.68 feet, North 78018'12" East 91.45 feet, Easterly along a tangent curve concave Southerly having a radius of 2060.00 feet through a central angle: of 28032109" an arc distance of 1025.97 feet, South 73009139" East 1316.69 feet, Easterly along a tangent curve concave Northerly having a radius of 1940.00 feet through a central angle of 14024'32" an arc distance of 487.88 feet, South 87034'11" East 626.85 feet, North 13030109" West 2148.40 feet, South 76029'51" West 289.80 feet, North 21042129" West 1261.95 feet, North 11055'07" West 448.09 feet, North 22017155" West 454.58 feet, North 50046'05" West 77.21 feet, North 15018'07" West 276.97 feet, and North 40011136" West 283.12 feet to a point on the boundary line of Tract No. 9858 as per map filed in Book 436, pages 1 through 7, inclusive, of Miscellaneous Maps, records of said County; thence along the boundary line of said Tract No. 9858 the following thirteen courses, North 24046'08" East 20 feet, South 65013152" East 25.00 feet, North 32053'06" East 69.81 feet, North 1009118" East 27.54 feet, North 89059'43" East 56.00 feet, NORTH 175.00 feet, North 57050'47" East 45.91 feet, North 11030'17" East 1.15.32 feet, North. 29020'16" East 157.16 feet, North 64003'28" East 41.15 feet, North 20033122" West 119.62 feet, NORTH 70.00 feet- and North 58005'06" West 76.64 feet to a point on the boundary line of said Annexation No. 70; thence along the boundary line of said Annexation No. 70 the following six courses, North 46054132" East 323.01 feet, North 10004'21" West 719.15 feet, North 39 053'52" West 397.56 feet, North 8032'57" West 773.60 feet, North 34043'44" West 535.70 feet and North 11058'34" West 332.31 feet to a point on the centerline of FORD ROAD, said point being in a curve concave Northerly having a radius of 2000.00 feet, a radial line to said point bears South 48010117" East; thence Westerly along said curve and along said centerline the following four courses through a central angle of 71012'34" an arc distance of 2485.68 feet, North 66057143" West 134.74 feet, Westerly along a tangent curve concave Southerly having a radius of 4000.00 feet through a central angle of 16028153" an arc distance of 1150.62 feet and North 83026'3.1" West 277.31 feet to a point on the boundary line of Annexation No. 72 to the City of Newport Beach as established by Resolution No. 7245 dated May 11, 1970; thence along the boundary line of said Annexation No. 72 the following seventeen courses, North 6033129" East 2.00 feet, Easterly along Exhibit A - Page 2 • �7 0 a non - tangent curve concave Northerly havingo a radius 4 of 190.00 feet through a central angle of 354'36" an arc distance of 118.53 feet, North 47041155" West 65.37 feet, Northwesterly along a non- tangent curve concave Southwesterly h:avinc a radius of 210.00 feet through a central angle of 6%20'46* an arc distance of 23.26 feet, Westerly along a non- tangent compound curve concave Southerly having a radius of 1246.00 feet through a central angle of 0050'03" an arc distance of 18.14 feet, North 13005'15" East 6.97 feet, Northwesterly along a non - tangent curve concave Northeasterly having a radius of 450.00 feet through a central angle of 19052144" an arc distance of 156.13 feet, North 37033'55" West 149.13 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 210.00 feet through a central ,angle of 20 020'00" an arc distance of 74.53 feet,_ North 57053'55" West 49.14 feet, Northwesterly along a tangent curve concave Northeasterly having a radius of 190.00 feet through a central angle of 20020'00" an arc distance of 67.43 feet, North 37033155" West 133.03 feet, Northwesterly along a tangent curve concave Southwesterly having.a radius of 130.00 feet through a central angle of 64014'00" an arc distance of 145.74 feet, South 78012'05" West 9.81 feet and Northeasterly -along a tangent curve concave Northeasterly having a radius of 25.00 feet through a central angle of 90000100" an arc distance of 39.27 feet to a point on the Easterly line of MacArthur Boulevard; thence along said Easterly line and along said Annexation No. 72 South 12036130" east 96.15 feet to a, point on the Northwesterly line of said Block 92; thence along said Northwesterly line South 40036'54" West 126.18 feet to a point on the Westerly line of said MacArthur Boulevard; thence along the Westerly line of said MacArthur Boulevard the following thirteen courses North 12036130" West 665.20 feet, Northerly along a tangent curve concave Easterly having a radius of 2050.00 feet through a central angle of 20002145" an arc distance of 717.23 feet, North 7026115" East 817.64 feet, Northerly along a tangent curve concave Easterly having a radius of 2050.00 feet through a central angle of 350.49 feet, North 17014'00" East 276.77 feet, Northerly along_a tangent curve concave Westerly having a radius of 1950.0 feet through a central angle of 11030'00" an arc distance of 391.39 feet, North 5044'00" East 855.16 feet, Northerly along a tangent curve concave Westerly having a radius of 3950.00 feet through a central angle of 4048'55" an arc distance of 331.97 feet, North 0055105" East 3206.98 feet, Northerly along a tangent curve concave Westerly having a radius of 2950.00 feet through a central angle of 8043115" an arc distance of 449.01 feet, North 7048110" West 1403.77 feet, South 82011'50" West 5.00 feet and North Exhibit A - Page 3 • Ll 0 7048130" West 950.00 feet more or less to a point on the centerline of Jamboree Road, being also a point on the boundary line of Annexation No. 73, THE COLLINS ANNEXATION, to the City of Newport Beach as established by Ordinance No. 1363, dated May 20, 1970; thence along said centerline and along said Annexation No. 73, North 40038126" East 4116.13 feet to a point on the centerline of Campus Drive; thence along the centerline of said Campus Drive and along the boundary line of said Annexation No. 73 and along the boundary line of Annexation No. 39, Acacia Street Annexation to the City of Newport Beach as established by Ordinance No. 837, and along the boundary line of Annexation No. 71 to the City of Newport Beach" as established by Ordinance No. 1366, dated May 27, 1970 the following three courses, North 49019134" West 2789.85 feet, Westerly along a tangent curve concave Southerly having a radius of 1200.00 feet through a central angle of 90001'10" an arc distance of 1885.36 feet and South 40039116" West 5401.55 feet to the most Westerly corner of said Annexation No. 71; thence continuing along said Annexation No. 71 the following two courses, South 49020144" East 330.00 feet and North 40039116" East 1320.00 feet to a point on the Southwesterly line of said Block 50; thence along said Southwesterly line South 49020'44" East 3600.26 feet to a point on the Westerly line of said Jamboree Road; thence along said Westerly line the following twelve courses, South 39043154" West 112.69 feet, Southerly along a tangent curve concave Easterly having a radius of 1666.00 feet through a central angle of 46056149" an arc distance of 1365.09 feet, South 7012'59" East 465.86 feet, Southerly along a tangent curve concave Westerly having a radius of 2334.00 feet through a central angle of 14038'17" an arc distance of 596.30 feet, South 82 034'42," East 16.00 feet, South 7025118" West 1240.00 feet, Southerly along a tangent curve concave Westerly having a radius of 1150.00 feet through a central angle of 16014'53" an arc distance of 32.6.12 feet, South 23040111" West 4511.14 feet, Southwesterly along a' tangent curve concave Northwesterly having a radius of 1150.00 feet through a central angle of 26034154" an arc distance of 579.92 feet, South 50 015'08" West 266.23 feet, Southwesterly along a tangent curve concave Southeasterly having a radius of 1254.00 feet through a central angle of 23050133" an arc distance of 520.16 feet and South 26024'35" West 580.00 feet; thence Westerly in a direct line to a point on the court decree line, as said decree line is described in Superior Court Case No. 20436 recorded in Book 19, page 309, of Judgements, Records of said Orange County, said point being North 5013115" West 550.00 feet along said decree line from station 44 of said decree line; thence along said decree line the following thirty -six Exhibit A - Page 4 • Lj 36 0 9 courses, South 5013'15" West 550.00 feet, South 49020'45" West 138.90 feet, South 25039'00" East 58.71 feet, South 51031115" East 237.52 feet, South 60047100" East 235.88 feet, South 42040145" East 207.71 feet, South 22024100" East 367.36 feet, South 0036100" West 290.60 feet, South 18046'30" West 315.70 feet, South 37055130" West 246.25 feet, South 36030100" West 263.35 feet, South 34048'00" West 640.10 feet, South '70046 +00" West 322.80 feet, North 75015100" West .174.90 feet, North 89021100" West 154.00 feet, South 57053100" West 86.10 feet, South 19030100" 284.00 feet, South 45001'00" West 467,80 feet, South 12045100" West 244.00 feet, South 0021100" East 70.70 feet, South 25009'00" East 428.05 feet, South 601.0130" East 308.85 feet, South 26022'30" West 589.78 feet, South 6034100" West 838.70 feet, South 49019130" West 535.75 feet, South 71017'30" West 357.80 feet, North 86026100" West 528.65 feet, North 62030100" West 603.30 feet, North 23026'30" West 1040.00 feet, North 21013130" East 1020.00 feet, North 79045'30" West 861.71 feet, North 86047'00' West 482.62 feet, South 45033100" West 231.40 feet, South 34027130" West 468.00 feet, South 25022'30" West 710.80 feet and South 24056'00" West 394.15 feet to a point on the centerline of Pacific Coast Highway; thence along said centerline the following two courses, North 88012135" East 639.13 feet and Easterly along a tangent curve concave Southerly having a radius of 2000.00 feet through a central angle of 10036'20" an arc distance of 370.20 feet to a point on the Northwesterly .prolongation of the Southwesterly line of Bayside Drive; thence along said prolongation and along the Southwesterly and Southerly line said Bags'ide Drive the fo- llowing eleven courses, South 24 19'56" East 777.47 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 834.00 feet through a central angle of 16056145" an arc distance of 246.66 feet, South 48043'19" West 7.00 feet, South 41016'41" East 321.67 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 843.00 feet through a central angle of 15022131" an arc distance of 226.22 feet, South 56039'12" East 411.37 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 843.00 feet through a central angle of 28012114" an arc distance of 414.97 feet, South 84051126" East 100.00 feet, Easterly along a tangent curve concave Southerly having a radius of 757.00 feet through a central angle of 34057145" an arc distance of 461.93 feet, South 49053141" East 117.34 feet, Southeasterly along a tangent curve concave Northeasterly having a radius of 855.00 feet through a central angle of 26034'54" an arc distance of 396.67 feet to a point on the Northerly prolongation of the Westerly line of Lot 2 of Tract No. 8073 as per map filed in Book 327, Exhibit A Page 5 Exhibit A - Page 6 pages 8 and 9 of Miscellaneous Maps, Records of said Orange County; thence along said prolongation and said Westerly line and its Southerly prolongation SOUTH 391.52 feet to a point on a line parallel with and 60.00 feet Southerly measured at right angles from the ® U.S. Bulkhead line between station 101 and station 200, as said Bulkhead line is shown on a map titled "Harbor Lines, Newport Bay Harbor California" on .file in the office of the U.S. Engineer; thence along said parallel line to said Bulkhead Line the following seven courses, EAST 1290.83 feet, South 55000'00" East 561.78 feet, South 30000'00" East 978.13 feet, South 17030'00" East 744.55 feet, South 10006133" East 233.20 feet, South 17030'00" East 414.29 feet and South 47045100" East 50.00 feet more or less to a point on Southwesterly prolongation of the Northwesterly line of Lot 1 of Tract No. 2094 as per map filed in Book 57, page 50 of Miscellaneous Maps; thence along said prolongation, and along said Northwesterly line and its Northeasterly prolongation North 43009100" East 503.00 feet more or less to a point on the Northeasterly line of said Bayside Drive; thence along said Northeasterly line the following thirteen courses, North 46051'00" West 321.49 feet, Northwesterly along a tangent curve concave Northeasterly having a.radius of 255.00 feet through a central angle of 54054128" an arc distance of 244.37 feet, North 8001'40m East 272.86 feet, .Northwesterly along a tangent curve concave Southwesterly having a radius of 445.00 feet through a central angle of 36044'00" an arc distance of 285.30 feet, North 28042'20" West 195.14 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 1045.00 feet through a central angle of 11 023'10" an arc distance of 207.67 feet, North 40005'30" West 648.96 feet, Northwesterly along a tangent curve concave. Southwesterly having a radius of 5045.00 feet through a central angle of 3005'00" an arc distance of 271.49 feet, North 43010'30" West 130.60 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 1045.00 feet through a central angle of 19059'30" an arc distance of 364.62 feet, North 63010100" West 320.97 feet, Northwesterly along a tangent curve concave Southwesterly having a radius of 745.00 feet through a central angle of 15014'16" an arc distrance of 198.13 and Northwesterly along a tangent reverse curve concave Northeasterly having a radius of 330.00 feet through a central angle of 7028'18" an arc distance of 43.03 feet to a point on the Northeasterly line of said Jamboree Road; thence along said Northeasterly line the following four courses, Northwesterly along a tangent compound curve concave Northeasterly having a radius of 211.46 feet through a central angle of 18031'33" an arc distance of 68.37 feet, North 52007:'05" West 225.11 Exhibit A - Page 6 feet, Northwesterly along a tangent curve concave Northeasterly having a radius of 360.00 feet through a central angle of 63034130" an arc distance of 399.45 feet and North 11027'25" East 211.08 feet to a point on the centerline of said Pacific Coast Highway; • thence along said centerline South 78032'35" East 1375.97 feet to the beginning of a tangent curve concave Southwesterly having a radius of 2,000 feet; thence Southeasterly along said curve through a central angle of 28010'00" an arc distance of 983.20 feet to a point on the Southwesterly line of said Block 55; thence Southeasterly along the Southwesterly line of said Blocks 55 and 93 to the point of beginning.. 0 Exhibit A Page 7 O 0 "RECI NED AFTER AGENDA Mff� CoMmuniry CaNuvition Comjt an} 1001 Camelbarli Street Newport Beach C'alifom!ia 9'000 (714) 720-1046 J. Donald jMcA'art Presidcnt March 25, 1985 The Honorable Philip Maurer Mayor of the City of Newport Beach City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Dear Mayor Maurer: CITY OF t NEWPOR..1 BEACH, FEAR 251985 ®. RECEIVED This letter is to correct information I provided to the Council at the Public Hearing held on March 11, 1985 regarding our franchise expansion request. I made a statement to the effect that we had not received reimbursement from Group W for their share of the cost to construct the interconnect between our systems. Subsequent research of this matter shows that the information on which my statement was based' was incorrect and that Group W has made payment in full. I sincerely apologize to Group W, Mr. Bequette and the Council for my income statement. Sind rely %, � i Don McNutt cc: Mrs. Ruthellen Plummer, Mayor Pro Tern Mr. William Agee, Council Member Mr. John Cox, Council Member Mrs. Evelyn Hart , Council Member Mrs. Jackie Heather, Council Member Mr. Donald Strauss, Council Member Mr. Robert L. Wynn, City Manager Mr. Kenneth J. Delino, Executive Assistant (#2-) ,�-- •��--- �^-- ^^^�^ ^^'� This space ie for lha County Clork's Filinq Stamp T HE NEWPORT ENSIGN PROOF OF PUBLICATIOM (2015.5 C.C.P.) A STATE OF CALIFOSN'A County of Orange. I am a c!t:r.en cf tr.e Uni!er-' `t:-,!es a;:ci a :es!dent of the Preef of Publication of County afc:esaid. ! am over ! : ^e age ci a :g'n;een years, and not a parry to or interested in the shove- entitled :natter. I am the principal clerk of tl'e crinter of the Newport h1a:.'vr Ensign newspaper of general circula. PUBLIC NOTICE hcn, printed and published weekly in the city of RESOLUTION NO, 86192 A RESOLUTION O THE CITY COUNCIL New'porl F1ea;:. ^.. County of Orange, and which news- OF THE CITY OF NEWPORT BEACH paper has beer adjudged a newspaper of general DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING TO cuculaticn C7 the Superior Court of the County of Or- CONSIDER THE APPLICATION OF arise. State ci California, under the date of May 13, COMMUNITY CABLEVISION TO 9� ?. CAS_ NUMBER A�Q178 that the noticz, of EXTEND ITS FRANCHISE AREA WITHIN . THE CITY OF NEWPORT BEACH which the annexed is a pnnted copy (set in type not WHEREAS, the Communityy Cablevision Company has a non- smaller than nonpareil) has been published in each - exclusive franchise to comtrvcl,moinfain,ando Points acom- raunity ®tenon television system within the City of Newport regular and ert:[e issue cf said newspaper and not in Beach, and any supplement therect ca :he following dates lo�wit the franchise area granted pr a the Commuvite WHEREAS, include° only a portion of the corporate bound ision Company boundaries of the City of Newport Beach; and letter WHEREAS. Communty made Company, e doled October 11, in e, has made application to the City of Newport Beach 1o[an eslension of its franchise area withal the ... City of Newport Beach; aad WHEREAS, the Community Cabl"naon ComP -ay in i sleper of application for Said increase t e rx,hl at area with the City of Newport Beach has reserved the na a not to build in estend cable television taciliboo to theca new areas a it u not tinnaeia0l feasible; and in its letter WHEREAS, the Community Cableefsion Compass➢ of application for said iomeaw in ib franchise also within the City of Newport Beach has indicated its intention a -PP'y es- uting terms of the franchise agreement in -Bow that a an --t ,,,a of mare than ISO feet is requhed esi bear the cast m such requsstiag Party. the requesting party mu edension and imeBation; and WHEREAS, the Communty, Cablevirio- Company in ilc letter I certify (or declare) under penalty of per.ory that the of appleclioo to increase its hartchise are- with'n the City of Newport Beach has assumed that all term, of the current foregoing is true and correct Dated at Newport franchise agreement and the City �chmnonces will apply to all Beach. Ca!i!cmta,thts/�daycIC I, 19 areas, tobe added aineITR I(_ _ NOW. THEREFORE, a IT RESOLVED by the City Council of the City of Newport Beach if x1 a Public hearing shall be cnn- ducted on Decambar 10, 1984, of 730 P.m. her-, as soon 1hN �N as practical in the Cif➢ Council Cham 9 �[ an or Boulevard, Newport Beach, Cabforwa, to Cablevieion Company in uMccofdmce with as letter of apphca- lion dated October 11, 1984. ADOPTED fins day �November. 1984_ Sign lure Mayor ATTEST. Wood. E Raggla City Clerk NE9190 11 17 lose THE NEWPORT ENSIGN 0 CITY OF NEWPORT BEACH 0 OFFICE OF THE CITY MANAGER February 27, 1984 TO: MAYOR AND CITY COUNCIL FROM: Executive Assistant SUBJECT: RATE - 1WREtt3+E C TNM CAURVISYON ACTION: If desired, approve or amend and approve Resolution No. granting rate increases for basic CATV services to Community Cablevision. (wag COUNCIL AGENDA ITEM NO. D -4 BY THE CITY COUNCIL CITY OF NEWPORT BEACH FEB 271964 BACKGROUND: The City franchises and regulates Community Antenna TV (CATV), and the Community Cablevision franchise area is depicted on the attached map. Pursuant to the Municipal Code, the City Council establishes and approves rates and charges for CATV "Basic Subscriber Services." These services include not only the basic 12- channel reception but also what is generally termed "Expanded Basic Services ", which include several off -air and satelite channels. Also, because it is necessary to have a converter in order to receive "Expanded Basic Services ", converter rates are also set by the City Council. The City Council set the rates for Community Cablevision's Basic and Expanded Basic services in June 1982, and May 1981, respectively. Community Cablevision by letter, dated January 13, 1984 (copy attached), has requested an increase in those rates. Both the existing and proposed rates for Community Cablevision and the existing rates for the City's other fran- chise, Group W, are as follows: CATV MONTHLY SERVICE RATES COMMUNITY CABLEVISTON SERVICE GROUP W EXISTING Basic 12- Channel $ 8.50 $ 8.95 Expanded $10.00 $12.95 Basic (includes $1.50 (includes $2.00 for converter) for converter) Additional Outlets Basic $ 5.00 $ 2.00 Expanded $ 6.50 $ 7.00 Basic (includes $1.50 (includes $2.00 for converter) for converter) PROPOSED $ 9.25 $14.25 (includes $2.50 for converter) $ 2.50 $ 8.00 (includes $2.50 for converter) TO: MAYOR AND CITY COUNCIL - Page Two BASIS FOR RECOMMENDATION: Community Cablevision provides a particularly high quality CATV service which has been recognized by the City Council in the past by the granting of higher than average rates and charges. Among other items, Community Cablevision utilizes an addressable computer system which allows moves and changes to be made remotely without a service call or customer visit and with only a subscriber telephone call. Recent improvements to the service are documented in the attached letter from Community Cablevision. Additionally, with only minor exceptions, no complaints relating to Community-Cablevision are received by the City. Comparing the requested increases to the rates of other cities and to the Consumer Price Index (CPI) reveals that the 3.3% increase for Basic Ser- vices and the 10% increase for Expanded Basic Services are justifiable. A survey of rates throughout Orange County is also attached. The $9:25 rate for Basic Service (Tier 1) is higher than 15 other cities and lower than 8 other cities. The $11.75 rate for Expanded Basic Service (Tier 2) is higher than 5 other cities and lower than 5 other cities. The con- verter rate of $2.50 is higher than 5 cities and lower than 6 cities. The.rise in the CPI (all urban, Los Angeles -Long Beach - Anaheim) since June 1982, when Basic rates were last set, was 2.6 %, and the increase requested is 3.3%. The rise in the CPI since May 1981, when Expanded Basic rates were last set, was 11.3 %, and the increase requested is 10 %. RECOMMENDATION: Based on the reasonableness of the requested increases and the high level of service maintained by Community Cablevision, it is recommended that the request for rate increases be approved. KENNETH J. �INO KJD:mm attachments i ear_ Es pp :COMMUNITY J r CABLEVISION (--,O,y ` ! FRANCHISE AREA �1. 614 f- p Rv •�, [�� r \ �.Ti ~6 ` 1 "tea ♦. Ic oe up � Y fii�i �` � �'� � —sue: ''• � . CITY OF NEWPONT lEMll C .: .: , , . l�ornrnz izf (xhlicision i'Uiib "ny i061 Camclhu,k S.nrcr Neti'pon Beach, California 92660 (71 4) 720 -20,16 J Donald \•ic` u{e President January 13, 1984 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear Ken: $ 8.95 Y .30 C .: .: , , . l�ornrnz izf (xhlicision i'Uiib "ny i061 Camclhu,k S.nrcr Neti'pon Beach, California 92660 (71 4) 720 -20,16 J Donald \•ic` u{e President January 13, 1984 Mr. Kenneth J. Delino Executive Assistant City of Newport Beach P.O. Box 1768 3300 Newport Boulevard Newport Beach, California 92663 -3884 Dear Ken: I appreciated the opportunity to meet with you an increase in our basic rates. The following specific increases we propose to implement effi CURRENT RATE MONTHLY SERVICES Primary Outlets regarding our request for list identifies the ective March 1, 1984. PROPOSED RATE INCREASE Basic (12 Channel) $ 8.95 $ 9.25 .30 Expanded Basic 10.95 11.75 .80 Additional Outlets / sky s ,�,.. �'• 2.00 2.50 .50 =(( JAN 2 3 1184 �- .50 �u u:Fwwiw.¢.acn I appreciated the opportunity to meet with you an increase in our basic rates. The following specific increases we propose to implement effi CURRENT RATE MONTHLY SERVICES Primary Outlets regarding our request for list identifies the ective March 1, 1984. PROPOSED RATE INCREASE Basic (12 Channel) $ 8.95 $ 9.25 .30 Expanded Basic 10.95 11.75 .80 Additional Outlets Basic (12 Channel) 2.00 2.50 .50 Expanded Basic 5.00 5.50 .50 Other Monthly Rates Decoder Rental (Manual) 2.00 2.50 .50 Rates for our 12 Channel Basic Service have not been increased since June, 1982. Exoanded Basic Service rates have not been increased since the introduction of the service in May, 1981. Since that time, many new ser- vices have been added to our system including five premium pay television channels and nine satellite received basic channels. Additionally, our local programming efforts have been expanded and improved. The inter - connect which has been accomplished between our system and Group Wes will allow the growth of this programming to continue in the future. 6. :h yam:,': i�..�•:�.. ACM 6. 5 During this period we have also expended a great amount of money, time and effort improving the quality of service to our subscribers. Among the many enhancements made to our customer service program are the following: ` Our customer service staff was doubled in size from three to six. • Salaries for installers, technicians and customer service repre- sentatives have been significantly increased in an effort.to_ attract and maintain a high quality work force. The capacity of our telephone system was expanded to accommodate a higher volume of incoming calls. _ A program of ongoing customer service training sessions has been implemented. • An increased number of overtime hours has been authorized to accommodate after -hours and weekend installations and technical service calls. * The overall level of system -wide maintenance has been signifi- cantly improved. In addition to the cost increases attributable to these enhancements, inflationary increases in all areas of the operation have been incurred. As a result, it has become necessary to request the moderate increases outlined above. As we discussed, I would like to know the City's preference regarding the rate increase process called for in the Franchise Agreement versus the pro- cess of increasing rates under existing state deregulation legislation. We are aware that some cities find it preferable to have issues regarding rates handled according to this authority granted by the state legislature. If it is the preference of the City of Newport 'Beach that rate increases be imple- mented in this manner, please let me know. If not, please process this request according to normal procedures. Please do not hesitate to call me if you have any questions or need further information. Sin ere 1 Don McNutt Tier 3 Tier 4 Los Alamitos 6.95 Ti er 1 4er 2 Anaheim 6.00* 7.50* Brea 9.75 17.25* Buena Park 6.95* 10.00 Fountain Valley 10.95 8.95 Fullertor. 7,95* 8.50 Garde Grove n 2.95 9.25 13.25 w/o converter 12.25 6.95* 9.95* 12.95 Huntington Bch. 10..95 ,. 3`.95 6.95 Irvine 8.95 12.95 Laguna .Bch. 7.50 La Habra 9.75,,- 17.25 Tier 3 Tier 4 Los Alamitos 6.95 . cable ready 9.95* otherwise Newport Bch. /GPW 10.00 CC 8.95 12.95 Orange 8.50 San Clemente /T -M 9.25 13.25 San Juan Cap. /T -M 12.25 Storer 7.50 11.00 Santa Ana Free (D 3`.95 6.95 Seal Beach 4.95 7.95 Stanton 10.95 Tustin Unavailable at this time Villa Park 6.00 .1 ". 11.95 Westminster 10.95_:' Yorba Linda 9.20 11.70 I Community Cablevision is deregulated 112 channels all non- commercial / *Includes converter rental SD:nm AS10 -16 -6 9 -14 -83 -4 installation Cc rtes Charge for ReRfal /mo. Tier 1 1.5U 29.95 /single fam. 3.00 (remote) 3.00 10.00 1.50 14.95' 1.50 14.95 2.95 (add. for remote) 4.00 19.95 Varies 3.50 15.00 None 10 -cable only 20- cable & conv. 3.00 19.95 N/C 41.00 1.50 15.00 aerial 25.00 undergrd 1.00 15.00 j 0 RESOLUTION NO. 84 -14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING RATE INCREASES REQUESTED BY COMMUNITY CABLEVISION COMPANY FOR BASIC SUBSCRIBER SERVICES REGARDING CABLE TV SERVICES. WHEREAS, on February 13, 1984, the City Council of the City of Newport Beach adopted Resolution No. 84 -12 declaring its intention to hold a public hearing to consider a request, by Community Cablevision Company for rate increases for basic subscriber services regarding Cable TV services; and WHEREAS, on February 27, 1984, the City Council of the City of Newport Beach held a public hearing to consider these requests; and WHEREAS, the City Council of the City of Newport Beach has reviewed said requests and found them to be fair and equit- able. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that monthly service charges for basic subscriber services to Community Cablevision Company shall be as follows: Primary Outlets Basic (12- Channel) $ 9.25 Expanded Basic $11.75 Additional Outlets Basic (12- Channel) $ 2.50 Expanded Basic $ 5.50 Other Rates Decoder $ 2.50 BE IT FURTHER RESOLVED that the City Clerk is hereby directed to retain this fee schedule on file to be made available to interested citizens, upon request, and to forward a copy thereof to Community Cablevision Company. ADOPTED this 27th day of February, 1984. ATTEST: City Clerk KJD • mm 2/27/84 Mayor I"1 LJ Authorized to Publish Advertisements of all kinds including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September. 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Pubs¢ nonce AdvM,mng covered br In,a arcidevn a eat m 7 pam wuh 10 etde cdNmn width I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Notice of Resolution No. 84 =12 CTTY OF NFWPORT REACH of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one Ft4tgAitXS�XI�x1RMNi>xihe issue(S) of Feb rua ry 15 1984 BZ� 198_ 198 198 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 15 1984 at Costa Mesa, California. Signature. /i PUBLIC NOTICE PUBLIC NOTICE RESOLUTION NO. 84-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OF ITS INTENTION TO HOLD A PUBLIC HEARING TO CONSIDER A RATE INCREASE REQUEST BY COMMUNITY CABLEVISION COMPANY FOR BASIS SUBSCRIBER SERVICES RE CABLE TV SERVICES. WHEREAS, Section 5.44 cYifte Newport Beach Municipal Code provided among other things, that the holder of a community antenna television franchise may request an increase in its rates and charges for basic subscriber services; and WHEREAS, Section 5.44.035 of the Newport Beach Municipal Code provides that prior to authorizing any change for rates or charges by said holder, the City Council shall first adopt a Resolution of Intention to do so and fix a time for a public hearing for consideration of the matter; and WHEREAS, Community Cablevision Company has requested an increase In its basic subscriber services rates, effective March 1, 1984, as follows: Printery Outlets Basic If Channel) $9,25 Expanded Basic $11,75 Additional Outlets Basic (12 Channel) $2.50 Expanded Basic $5.50 Other Monthly Rates Decorder Rental (Manual) $2.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that a public hearing to consider the request of community Cablevision Company shall be set for the 27th day of February, 1984, at the hour of 7:30 p.m., in the Council Chamber-; located at City Hall, 3300 Newport Boulevard, Newport Beach, California to consider the above request; and BE IT FURTHER RESOLVED that the City Clerk be and hereby Is directed to publish this Resolution of Intention, at least once within 15 days, following its adoption and mail a copy of same to the holder of said community antenna television franchise within the City of Newport Beach. Adopted this 131h day of February, 1984 Evelyn R. Hart Mayor PrTEST: Wanda E. Andersen City Clerk Published Orange Coast Daily Pilot Feb. 15, 1984 954 -84 PROOF OF PUBLICATION Authorized to Publish Advertisements of all ds including public notices by Decree of the Superior Court of Orange County, California, Number A -6214, dated 29 September, 1961, and A- 24831, dated 11 June, 1963. STATE OF CALIFORNIA County of Orange Public "ll Adlenny o b onto 10 p" column w th I am a Citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the below entitled matter. I am a principal clerk of the Orange Coast DAILY PILOT, with which is combined the NEWS - PRESS, a newspaper of general circulation, printed and published in the City of Costa Mesa, County of Orange, State of California, and that a Noticeof Resolution No. 84 =12 n Tmv OF NFWPORT REACH of which copy attached hereto is a true and complete copy, was printed and published in the Costa Mesa, Newport Beach, Huntington Beach, Fountain Valley, Irvine, the South Coast communities and Laguna Beach issues of said newspaper for one R4St"%g1XSgkT R74 Wthe issue( of F hrnary 15 , 1984 198— 198— 198— 198— I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 15 1984 at Costa Mesa, California. Signature IT PUBLIC NOTICE PUBLIC NOTICE RESOLUTION NO. 84-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH OF ITS INTENTION TO HOLD A PUBLIC HEARING TO CONSIDER A. RATE INCREASE REQUEST BY COMMUNITY CABLEVISION COMPANY FOR, BASIS SUBSCRIBER SERVICES RE CABLE TV SERVICES. WHEREAS, Section 5.44 ct ne Newport Beach Municipal Code provided among other things, that the holder of a community antenna television franchise may request an increase in its rates and charges for basic subscriber services; and WHEREAS, Section 5.44.035 of the Newport Beach Municipal Code provides that prior to authorizing any change for rates or charges by said holder, the City Council shall first adopt a Resolution of Intention to do so and fix a time for a public hearing for consideration of the matter; and WHEREAS, Community Cablevision Company has requested an increase in its basic subscriber services rates, effective March 1, 1984, as follows: Primary Outlets Basic (12 Channel) $9.25 Expanded Basic $1115 Additional Outlets Basic (12 Channel) $2.50 Expanded Basic $5.50 Other Monthly Rates Decorder Rental (Manual) $2.50 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that a public hearing to consider the request of Community Cablevision Company shall be set for the 27th day of February, 1984, at the hour of 7:30 p.m., in the Council Chambers located at City Hall, 3300 Newport Boulevard, Newport Beach, California to consider the above request; and BE IT FURTHER RESOLVED that the City Clerk he and hereby is directed to publish this Resolution of Intention, at least once within 15 days. following its adoption and mail a copy of same to the holder of said community antenna television franchise within the City of Newport Beach. Adopted this 13th day of February. 1984 Evelyn R. Hart Mayor ATTEST: Wanda E. Andersen City Clerk Published Orange Coast Daily Pilot Feb. 15, 1984 954 -84 PROOF OF PUBLICATION TO City of Newport Attn: City Cl:k * 3300 Newport Blvd. Newport Beach, CA 92660 SUBJECT Guarantee Bond MESSAGE Gentlemen: F 0 Andy E;schenroeaer M Andy Department The Irvine Carpany P.O. Box 1 Newport Beach, CA 92660 DATE11/23/82 Attached please find bond for Community Cablevision Caqpany per your request. Please contact this office should you have any questions. SIGNED REPLY 0,'7 NEW' T EFACti, NO V 2 4 198,,? RECEIVED Ci Ty CLERK SIGNED DATE SEND PARTS I AND 3 WITH CARBON INTACT - 4S471 PART 3 WILL BE RETURNED WITH REPLY. POLY PAK (50 SETS) 4P 471 �. State of Calif County of Orange } ss' 4. On November 5, 1982 before r me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personalty .appeared Patricia H. $rebner known to to be Attorney-in-Fact of Transamerica Insurance Company the corporation described in and that executed the within and .foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same:. IN WITNESS WHEREOF, I have hereunto set my }rand and affixed my official seal, the day and year stated in this certificate above.. " OFFICIAL SEAL 4 My piresBOR • ate. Notary Public - California tars Public ORANGECOUNIY 380 My Commission Expires March 14, 1986 Transamerica Insurance Group Property and Cavualty Inperance from Transamerica Corporation III Tpansamepica Insupance Company A STOCK COMPANY NOME OFFICE: LOS ANGELES, CALIFORNIA BOND NO. 5240 76 43 PREMIUM: $250.00 per BOND FOR CITY KNOW ALL MEN BY THESE PRESENTS, That we, COMMUNITY CABLEVISION C Y, A ,.;'3�p� wholly owned subsidiary of The Irvine Company, a corporation org 'zeta the laws of the State of California, as Principal, and the TRANS RICA INSURANCE COMPANY, a corporation organized under the laws of the t and authorized to transact the business of surety in the State o surety, are held and firmly bound-unto the City of Newport Beach, n' Corporation of the State Of California, in the just and full sum of and no /100 dollars ($50,000.00) for which sum, well and truly to be pa ourselves, our heirs, executors, administrators, successors and assigns, and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, whereas Principal has been granted by the City of Newport Beach a non - exclusive franchise for the construc- tion, operation, and maintenance of a Community Cable Television System, in accordance with the terms-of Ordinance No. 1891 of the City of Newport Beach and other related franchise documents, reference to which is hereby made, and all of which are made a part hereof. NOW THEREFORE, in the event Principal shall fail to comply with any one or more of the provisions of the franchise documents or of any other city ordinance per- taining to CATV Systems or any-provision or any agreement or undertaking made between Community Cablevisi:on Company and any subscriber, then there shall be recoverable by any subscriber, jointly and severally, from-the Principal and Surety any damages or costs suffered or incurred by any subscriber as a result thereof, including reasonable attorneys fees and costs of any action or pro- ceeding. Said condition shall be a continuing obligation during the entire term of said franchise thereafter until grantee shall have satisfied in full any and all obligations to any subscriber which arise out of or pertain to any such agreement or undertaking. It is further conditioned that the total aggregate liability of the Surety for all claims shall be limited to the fact amount of this bond irrespective of the number of years this bond is in force. Surety may cancel this Bond by written notice upon the City specifying the effective date of said cancellation, which in no event shall be less than thirty (30) days after the date received by Obligee. The term of this Bond shall be from November 5, 1982 to a date thirty (,30).. days after receipt of notice of cancellation by the Surety as stated above. Sealed with our seals and dated the 5th day of November, 1982. fi' COMMUNITY CABLEVISION COMPANY Principal B M sn , TRANSAMERICA INSURANCE COMPANY Surety By: C IZC�e.c,.rJ- Patricia H. Brebner, Attorney -in -Fact l t r + unut! t alit t 6nm ( VIMj irli I � ;1P lilt! k tiff it � it, •1 (; i,lt C�ldn� r: v''n4lr cc: CO rr t October 19, 1982 9 I� ppt C'4� rI= S GCT1 E -0982 v► City Hall Cl City Of',;_, t City of Newport Beach P.o. Box each Newport Beach, CA 92663 -3884 I hereby acknowledge that I have reviewed and am in concurrence with the information contained in the Staff Report dated October 25, 1982. The subject of this Report is. Compliance of Community Cablevision Company with the Amendments to Municipal Code Chapter 5.44, "Community Antenna Television ". Ion McNutt General Manager appear before the Council and be beard and directing the City Clerk to publish said resolution*at least once, within fifteen (15) days of the passage thereof. The City Clerk shall cause such resolution to be published in a newspaper of general circulation within the City, and the same shall be published and a copy thereof shall be. mailed to any Grantee hereunder at least ten (10) days '_ prior to the date specified for hearing thereon. At the time set 0 J for such hearing, or at any adjournment thereof, the Council shall proceed to hear and pass on all presentations made before it and the decision of the Council thereon shall be final and con- clusive. If the Council shall find that the changing of any rates or charges of Grantee to Subscribers will not be detrimental or injurious to the best interests and welfare of the subscribers and of the City, then the Council may, by resolution, authorize the change of any rates or charges of Grantee to Subscribers as shall be deemed reasonable by the Council in the premises; and such resolution shall thereupon become and shall be a part of any franchise granted hereunder and affected thereby. (c) The rates andf charges for those services included under the definition "Non Basic Services" as defined herein shall not require City Council review and approval. The Grantee shall, however, provide the City with 60-day prior written notification of any new rates or charges associated with Non Basic Services to be provided within its franchise area. SECTION 2. The following Sections are hereby added to Chapter 5.44 of the Municipal Code: 5.44.151 Technological Developments. (a) It is the desire of the City that all CATV systems franchised to operate within the City shall maintain, operate and where feasible, modify the CATV system toy ensure its performance in accordance with the highest and best accepted standards of the industry. (b) Whenever the Grantee, in consultation with the City, has determined that it is financially and technically feasible -6- TO: FROM: SUBJECT: Background 0 0 CY3-) CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER October 25, 1982' MAYOR AND CITY COUNCIL Assistant to the City Manager 5.441 I CMOMITY ANTENNA' COUNCIL AGENDA r V OCT 2 5 1982 the CiIY COUNCIL OF NI'awpw iiAG� On November 23, 1981, the City Council adopted various amendments to Chapter 5.44 of the Municipal Code, "Com- munity Antenna Television The purpose of these amendments was to update the Municipal Code, which had originally been adopted in 1966 and, hence, did not reflect a number of important issues relating to cable television. Attachment 1 is a copy of ordinance No. 1890, which contains the amendments adopted on November 23, 1981. To summarize, the major amendments accomplished the following: 1. The amendments incorporated "pay television" as a recognized component of cable service offerings and, hence, included pay television revenues as part of the required franchise fee payments to the City. (Sections 5.44.010(e) 5.44.010(g) and 5.44.010(h). The amendments clearly stated the desire of the City to see franchised systems grow and adapt in terms of CATV state -of - the -art areas where desired growth should occur. These areas in- clude, among other things, channel capacity and programming, public access, two way system technology and system interconnection. Addi- tionally, the amendments established criteria to be utilized in making determinations relative to CATV system improvements. (Sections 5.44.151 and 5.44.152). In developing the subject amendments, staff reviewed a number of franchise documents from other cities in addition to publications from the League of Cities and the Cable Television Information Center. Independent cable consultants and at- torneys also reviewed the subject amendments. Finally, staff solicited, received and incorporated input from the current city franchisees. In adopting the amendments, the Council TO: MAYOAD CITY COUNCIL - Page Tw took the position that the City had the right to uni- laterally impose the requirements on the cable system operators, due to a provision in the cable franchise documents which provides for incorporation by reference the Municipal Code, "...as it now exists or may hereafter be amended ". In the staff report which accompanied the proposed amend- ments, it was indicated that staff would, during 1982, meet with the City's two cable franchisees to discuss their respective plans for compliance. A report back to the Council was to be prepared as a result of these dis- cussions. Staff has completed its discussions with Community Cable- vision Company. The company's plans are discussed below and in the various attachments to this staff report. A report pertaining to Group W Cable will be forthcoming. Community Cablevision Company's Plan for Compliance Attachment 2 is a map of the City, which illustrates the area covered by the Community Cablevision franchise.. The subject franchise, pursuant to a ten year extension approved by the Council in November 1981, expires in January 1992. Community Cablevision Company, in receiving its franchise extension, indicated its intention to voluntarily comply with the amendments to Chapter 5.44. With respect to the company's for service improvements and more detailed, discussion is 1. ed availabil 1 or interna s via commun current offerings and plans enhancements, the following, provided: ty and enhancement of ional transmission capa- cations' satellites (M.C. Section 5.44.151(b) (1) and 2. Enhancement and expansion of system channel capacity and programming (M.C. Section 5.44.151(b) (2 ) (a) Current: Currently Community Cablevision offers a total of 30 channels of service to its subscribers.. This includes 12 off -air channels, 9 satellite channels, 4 pay service channels and other assorted channel TO: MAY04PAND CITY COUNCIL = Page Tfee offerings. With respect to FM service, a total of 26 offerings are currently provided. Attachments 3 and 4 are copies of the company's television and FM guide. The existing channel capacity of the Com- munity Cablevision system is 35 channels. (b) Proposed: It is anticipated that within the next several weeks Community Cablevision will offer two additional stations; WOR from New York and Channel. 56, a new Orange County station. This will bring the company's near term channelization to 32. It is estimated that by June 30, 1983, the company will be offering the 35 channels provided for in its system capa- city. Additional channel offerings now being evaluated include a "Disney Channel" a satellite channel originating from Nash- ville, Tennessee, and a new "24 -Hour Movie Channel ". Expansion of system channelization beyond 35 will require an upgrade of the system's physical plant. Plans in this area are discussed in a later section of this staff report. (c.)' Comparative Information: According to a recent study commissioned by Orange County, total channel offerings among currently activated franchises within the county vary between 22 and 36 channels, with an average of 32. As such, the 30 channels being offered by Community Cable - vision (32 shortly) is consistent with the "state of the art" in the County. With respect to channel capacity, the County study reports that systems have capacities varying between 30 and 54, with 42 being an average. With a 35 channel capacity, Community Cablevision is slightly below the average. As will be seen in a later section, however, the company is considering plans for expanding its system capacity. In terms of satellite service offerings, it is reported that activated franchised systems are providing between 0 and 17 channels, with an average of 7. With 9 satellite channels, Community Cablevision is TO: MAYOR L D CITY COUNCIL Page Fou• offering more than the average. On the subject of pay services, currently fran- chised systems are offering an average of 4 channels. As noted earlier, this is the number offered by Community Cablevision. 3. Improvement of public access and local programming capabilities (M.C. Section 5.44.151(b)(3) (a) Current: Currently, Community Cablevision provides one channel designated for public access/ local programming. Attachment 5 is a memorandum prepared by Community Cablevision staff, which discusses the procedures and program offerings associ- ated with Public Service Channel 3. It can be seen that the company currently has avail- able for use fully equipped studio facili- ties'. A description of the types of programs carried is also provided. (b) Proposed: At present, Community Cablevision's plans in this area involve the possibility of en- hancing and expanding existing programming on Channel 3. Plans do not, at least at this point, involve the addition of more channels dedicated to this use. It.is generally felt that at least the foreseeable demand for this type of programming can be accommodated, on one channel. Should this situation change, the company indicates that it will consider additional channels. At this point, however, the demand appears to be for more satellite and pay type services rather than for additional local programming and public access channelization. (c) comparative Information: According to information supplied by the County, most currently activated systems are offering one channel dedicated to public access /local programming. As such, Community Cablevision appears to be offering what is actually currently programmed in other jurisdictions. ! 0 TO: MAYOR AND CITY COUNCIL - Page Five Maintenance and Improvement of the system's physical plant in accordance with the highest and best accepted CATV industry practices and FCC regulations (M.C.'Section 5.44.151(b)(4) (a) Current: The Community Cablevision system's physi- cal plant was completely upgraded in 1981 to accommodate the current channel capacity of 35. At the same time, the company spent approximately $160,000 for the acquisition of computer hardware and software necessary to implement an addressable "Home Terminal System" mode of operation. This computerized system, among other things, permits sub- scribers to change levels of service auto- matically without the delay and inconvenience which would be necessary if a home service call were required. Attachment 6 is an excerpt from a Cable Television Information Center newsletter which discusses this sub- ject of addressable home terminal systems. Finally, with respect to the 1981 upgrade, the Community Cablevision physical plant is now two -way capable. This enhancement is discussed in more detail in a subsequent section of this staff report. (b) Proposed: Within the next few years, Community Cablevision will be considering another complete system re -build to expand its chan- nel capacity to between 50 and 60 channels Decisions relative to this re -build will hinge upon factors such as the availability of pro- gramming, level and direction of subscriber demand, costs and payback potential. (c) Comparative Information: The subject of comparative channel capacity was discussed in a preceding section of this report. With regard to the computerized Addressable Home Terminal System utilized by Community Cablevision, this is very definitely "state of the art "_ No other systems in Orange County have yet implemented this techno- logy although several propose its implementation. TO: MAYOR D CITY COUNCIL - Page Six 5. Implementation of two -way interactive capability (M.C. Section 5.44.151(b) (5) (a) Current: As mentioned, the Community Cablevision system is presently constructed for two - way capability. Basically, what this means is that in addition to merely trans- mitting signals, the system is capable of receiving input back from system subscribers/ users. In the near future, this two -way capability will be utilized for programming from the Newport Harbor Art Museum and, potentially, other local institutions. (b) Proposed: The potential of two -way interactive techno- logy appears to be limitless. Examples of applications, which have been mentioned in cable television publications and in the general media, include shopping and banking "at home ", security systems, and even meter reading via cable. Community Cablevision, since it is currently two -way capable, is in the process of evaluating various potential applications of this technology. Specifically, the company is evaluating the feasibility of offering home security systems and providing meter reading capability. The company plans on keeping the staff advised with regard to the progress and results of these and any other evaluations in this area. Attachment 7 is a magazine clipping which addresses the actual application of a cable meter reading program in Northville, Michigan.. (c) Comparative Information: According to information provided by the County, there are a total of 8 activated cable systems in the County which are two -way capable. All of these systems are in the "evaluation" stage with regard to implementation of two -way techno- logies. As such, Community Cablevision is in a comparable position in this particular area. One other area of particular the Municipal Code (Section interconnection. Since the cable companies, it would b e interconnect for the purpose interest, which is covered in 5.44.152), relates to system City is serviced by two different desirable to see these two systems of showing locally originated 0 TO: MAYOR AND CITY COUNCIL - Page Seven programming. Since both systems have now essentially been installed, interconnection is at least technically possible. Details which remain to be worked out revolve around the specific types of programming to be shared by the systems -. Additionally, the fact that one system is currently two -way capable while one is not does pre- sent certain technical problems. Staff is advised that the franchisees are in the process of discussing ways to mutually resolve the remaining problems. It is hoped that the interconnect will occur within a reasonable period of time. Attachment 8 is a letter from Community Cablevision Com- pany acknowledging review of and concurrence with the information contained in this staff report. Conclusion In conclusion, it is staff's position that Community Cablevision Company is in basic compliance with the amendments to Chapter 5.44. With respect to current and proposed operations, as well as in terms of compari- son with other activated systems, the company has made a concerted effort to maintain a state of the art position. Staff will continue to work closely with the company in maintaining this commitment to providing a quality level of service to the residents of this City. This staff report is for Council information and official filing. to the City Manager GJB; mm attach tml*—a. • Atr, I ORDINANCE NO. 1890 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS OF TITLE 5, CHAPTER 5.44, OF THE NEWPORT BEACH MUNICIPAL CODE ENTITLED "COMMUNITY ANTENNA TELEVISION" The City Council of the City of Newport Beach does ordain as .follows: SECTION 1. The following sections of Newport Beach Municipal Code are hereby amended to read as follows: SBCtions: 5.44.010 Definitions. 5.44.020 Franchise to Operate. 5.44.030 Uses Permitted... 5.44.035 Regulation of Rates and Service.. 5.44.040 Duration of Franchise. 5.44.050 Franchise Payment. 5..44..060 Limitations of Franchise. 5.44.070 Rights Reserved to City. 5.44.080 Permits, Installation and Service. 5.44.090 Location of Grantee's Properties. 5.44.100 Removal or Abandonment of Property of Grantee. 5.44.110 Failure to Perform Street Work. 5.44.120 Surety Bonds. 5.44.130 Protection of City Against Liability. 5.44.140 Inspection of Property and Records. 5.44.150 Operational Standards. 5.44.151 Technological Developments. 5.44.152 System Compatibility and Connectibility. 5.44,160 Miscellaneous Provisions. 5.44.165 Adoption of Rules and Regulations by the City Council. 5.44.17.0 Application for Franchise. 5..44.172 Application Fee. 5.44.173 Affect of Annexation. 5..44..175 Affect of Preemption. 5.44.180 Franchise Renewal. 5.44.185 Locking Devices to Permit Exercise of Parental Discretion. 5.44.190 violations. 5.44.010.. Definitions. For the purpose of this Chapter, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the p lural number. The word "shall" is always mandatory and not merely directory. To the extent any ' conflict exists between these definitions and the definitions as set forth in other ordinances, these definitions will control. (a) CITY. The term "City" shall mean the City of Newport Beach in its present incorporated form or in any later recognized, consolidated, enlarged or reincorporated form. (b) COUNCIL. The term "Council" shah.. mean the present governing body of the City, or any future board constitu- ting the legislative body of the City. (c) PERSON. The term "Person" shall mean any indivi- dual, firm, partnership, association, corporation, company or organization of any kind. (d) GRANTEE. The term "Grantee" shall mean the person, firm or corporation to whom or which a franchise under this chapter is granted by the Council, and the lawful successor or assignee of said person, firm or corporation. (e) COMMUNITY ANTENNA TELEVISION SYSTEM. The term "Community Antenna Television System" or "CATV System" shall mean a system employing antennae, microwave,.wires, waveguides, coaxial cables or other conductors, equipment or facilities designed, constructed or used for any or all of the following purposes: (1) collecting or amplifying local and distant broadcast television, satellite, microwave or radio signals and distributing and transmitting them; (2) transmitting original cablebast programing not received through television broadcast signals; V-1 -2- -3- (3) transmitting television pictures, film and video tape programs not received through broadcast television signals, whether or not encoded or processed to permit reception by only selected receivers; "•.`..>�+'•*+, -, �". '- ' =^"'"` - s (4) transmitting or receiving two -way signals '- or transmissions; (.5) providing data transfer capability in any shape or form, including that of a security system or a common .. .carrier should. CATV systems ever be so defined. by Federal rule ' or regulation; - `•• -- - - (6) transmitting or receiving all other signals. - - - whether digital, . voice or audio visual.. (f) SUBSCRIBERS or USERS. The terms "Subscribers" or "Users" shall mean any person(s) or entity(ies) receiving, for any purpose, any service of the Grantee's community antenna tele- i" .,:- vision system, including, but not limited to, the conventional cable: television system service of retransmission of.. television broadcast, satellite, microwave or radio signals, Grantee's ' - original cablecasting, local . government, education and public access channel cabelcasting and other services such as leasing . ,. of channels., data and facsimile transmissions and police, fire - ,- - and similar public service communications. ' (g) GROSS ANNUAL RECEIPTS, The term "Gross Annual - Receipts." shall .mean any and all compensation and other considers - tion, in any form whatsoever, and any contributing grant or subsidy received directly or indirectly by Grantee from: (1) subscribers or users . in payment for any CATV system services including television broadcast, satellite, micro- wave, or FM radio signals, reception or service received within the City or transmitted in any shape or form, from the City, for - which local subscribers or users make. ..payment, whether said signals., reception or service is included within the terms "Basic Subscriber Services" or "Non Basic Services" as said terms may be defined in the Municipal Code., as well as any installation or line extension . charges therefor "; -3- (I _ (2) any other compensation for utilization of or connection to the property of Grantee used within the City, including the sale, rental or provision.. of any equipment, parts or add -ons to be used in connection with the CATV system; ( -3) notwithstanding the above, Gross Annual _Receipts shall not include any taxes on services furnished by the - Grantee and imposed directly on any subscribers or users by any r - City, State or other governmental unit and collected by the Grantee for such governmental unit. (h) BASIC .SUBSCRIBER SERVICES. The term "Basic " - Subscriber Services" shall mean . and include the delivery, by the Grantee, to all subscribers within the confines of its franchise - - area of: - (1) all signals of over - the- air-.television broadcast, pursuant to FCC license, or all those over -the- air - signals which are received and transmitted in the community without the aid of a cable television.system or similar apparatus; - - (2) all satellite signals received and transmitted. -- _ in the conmiunity by the Grantee as of the effective date of this " Section; - .. .. .. .. ...._... ('3) all satellite signals received and trans- . .. - mitted in the community after the effective date of this Section, with the exception of those included under Section 5.44.010(i) . - -.- of "Non Basic Services" as defined herein; - (4) all public., . local education, local govern- ' ment, local origination and public .. access channels and signals; (5) other channels., signals, (including micro- wave) programs and services, provided by the Grantee as part of -- the Basic Subscriber Service package. (i) NON BASIC SERVICES. The term "Non Basic Services" " .. shall mean and include channels, signals, programs and services ' - not provided as part of the "Basic Subscriber Services" package, .' as defined herein above. These shall include: (1) pay or subscription television as defined by the FCC and radio services supplied by the Grantee; (2) satellite or microwave signals which are offered to subscribers as optional-tiered services for a separate fee or charge and which are independent of those satellite or microwave signals provided as part of the "Basic Subscriber Services" package as defined herein; (3) advertising or commercial messages; (4) equipment and appurtenances representing technological developments and enhancements in the field which the Grantee may, from time to time, make available to• subscribers, provided that subscribers have the option of not `acquiring said additional equipment or appurtenances and further, provided that the exercise of the option not to purchase shall, in no way, affect a subscriber's existing service or preclude him from receiving "Basic Subscriber Services" as defined herein. FRANCHISE AREA. The term "Franchise Area" shall mean the territory within the City throughout which Grantee shall be authorized to construct, maintain and operate its system and shall include any enlargements thereof and additions thereto. 5.44.035 Regulation of Rates and Service. (a) The City Council shall, at all times and from time- to-time during the term of any franchise granted hereunder, have the power to and shall adopt and enforce and Grantee shall conform to rules and regulations of the Council governing and establishing reasonable rules, regulations and standards of performance pertaining toy the system of Grantee. (b) The City Council shall establish or approve all subscriber, installation and other incidental rates and charges for "Basic Subscriber Services" as defined herein, and no such rates or charges shall be changed at any time except by authority of the Council and upon written request of the Grantee; provided, that prior to authorizing the change of any rates or charges of Grantee to Subscribers, at any time after the granting of such franchise, the Council shall first pass its resolution of intention to do so, describing and stating any rates or charges to be changed, the reasons of the Council therefor, fixing a day, hour and place certain when and where any persons having any interest therein.. may 13 • • appear before the Council and be heard and directing the City Clerk to publish said resolution at least once, within fifteen (15) days of the passage thereof.. The City Clerk shall cause such resolution to be published in a newspaper of general circulation within the City, and the same shall . be published and copy thereof shall be mailed to any Grantee hereunder at least ten (10) days prior to the date specified for hearing thereon. At the time set for such hearing, or at any adjournment thereof, the Council shall proceed to hear and pass on all presentations made before it, and the decision of the Council thereon shall be final and con- clusive. If the Council shall find that the changing of any rates . or charges of Grantee to Subscribers will not be detrimental or injurious to the best interests and welfare of the subscribers and of the City, then the Council may, by resolution, :authorize the change of any rates or charges of Grantee to Subscribers as shall be deemed reasonable by the Council in the premises; and such resolution shall thereupon become and shall be a part of any franchise granted hereunder and affected thereby. (c) The rates and charges for those services included under the definition "Non Basic Services" as defined herein.. shall not require City Council review and approval. The Grantee shall, however, provide the City with 60 -day prior written notification of any new rates or charges associated with Non Basic Services to be provided within its franchise area. SECTION 2. The following Sections are hereby added to Chapter 5.44 of the Municipal Code: 5..44.151 Technological Developments. (a) It is the desire of the City that all CATV systems . franchised to operate within the City shall maintain, operate and where feasible, modify the CATV system to ensure its performance in accordance with the highest and best accepted standards of the industry. (b) Whenever the Grantee, in consultation with the City, has determined that it is financially and technically feasible -6- • and appropriate within the context of local needs and demands,. the Grantee shall provide technical improvements and modifications to ensure the operation of the CATV system in accordance with the highest and best accepted . standards of the industry. Such improve- ments and modifications shall include, . but not necessarily be limited to: (1) continued availability and enhancement of national or international transmission capabilities via communications satellites; (2) enhancement and expansion of system channel capacity and programming; (3) improvement of public access and local pro -. gramming capabilities; (4) maintenance and improvement of system's physical plant in accordance with the highest and best accepted CATV industry practices and FCC regulations; (5) implementation of two -way., interactive capa- bility; (6) provision of security systems; (7) application of technologies such as fiber optics or other such advances in the CATV field. (c) in making determinations relative to the financial and 'technical feasibility or appropriateness of specific system improvements or modifications, the following factors shall be considered: (1) whether there exists a reasonable subscriber demand for the proposed improvements or modifications; (2) whether the technology associated with the proposed improvements or modifications has been tested and proven reliable;; (3) whether the Grantee is 'financially and technically able to provide the proposed improvements or modifications; (4) whether the provision of the proposed improve- ments or modifications will allow the Grantee a reasonable return on its investment in such proposed improvements or modifications.. -7- 0 r * (d) In implementing the provisions of this section, the City may, from time-to-time, request, and the Grantee shall provide, information relative to the feasibility or appropriateness of implementing specific system improvements or modifications deemed desirable by the City but Grantee shall not be required to incorporate technological developments into the CATV system which do not meet the provisions of Section 5.44.151 (c) above. (e) The Grantee shall provide the City with written notification of any system improvements or modifications proposed for implementation within its respective franchise area. Any controversy between the parties hereto in- volving the construction or application of any of the terms covenants, or conditions of this Section, shall, on written request of one party served on the other, be submitted to arbitration, and such arbitration shall comply with and be governed by the provisions of the California Arbitration Act, Sections 1280 through 1294.2 of the California Code of Civil Procedure. 5.44.152 System Compatability and Connectibility, (a) It is the desire of the City that all CATV systems franchised to operate within the City shall be compatible and interconnectible with one another and with systems in adjacent cities. (b) When it is financially and technically feasible, within the area served, the Grantee shall negotiate the construction, operation and modification of its system to interconnect same with all other systems within and adjacent to the City for the purpose of sharing locally originated public and educational programming. 5,44.185 Locking Devices to Permit Exercise of Parental Discretion. (a) Grantee shall make available to its subscribers, upon request and for a reasonable charge, locking devices to permit parental control over programing. SECTION 4. This ordinance shall be published once in the official newspaper of the city and same shall be effective thirty (30) days after the date of its adoption. is This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9cb day of November , 1981, and was adopted on the _ day of NOV23 °: , 1981, by the following vote, to wit: ATTEST; CITY CLERK AYES.:, COUNCILMEMBERS: NOES, COUNCILMEMBERS: ABSENT COUNCILMEMBERS; -9- MAYOR Ilk Ie -COMMUNITY CABLEVISION FRANCHISE AREA aq: ol A VA GM m NKWPM 8� r�-- Your channel offide: Cable Channel Channel Irvine Unified School District Interactive 23 2 Channel 2 KNXT Los Angeles 3 Associated Press News/ Channe140 KTBN Fontana Community Service Channel 17 WIGS Atlanta, GA 4 Channel 4 KNBC Los Angeles 5 Channel 5 KTLA Los Angeles 6 Channe128 KCET Los Angeles 7 Channel 7 KABC Los Angeles 8 Channel 8 KFMB San Diego 9 Channel 9 KHJ Los Angeles 10 Channel 50 KOCE Huntington Beach 11 Channel 11 KT-1V Los Angeles 12 Channel 22 KWHY Los Angeles SELEC TV 13 Channel 13 KCOP Los Angeles 17 Channel 34 KMEX Los Angeles 18 Channel 18 KSCi San Bernardino 19 Channe130 KHOF Sari Bernardino 26 Music TV (24 Hours) Cable Channel 21,22 Irvine Unified School District Interactive 23 Channel 10 KGTV San Diego 24 Channe152 KBSC Corona ON Television 25 Channe140 KTBN Fontana 26 Channel 17 WIGS Atlanta, GA 27 E.S.PN. Sports (24 Hours) 28 Nickelodeon — Children's Programming /ARTS 29 Cables News Network (24 Hours) 30 The Health Network 31 USA Sports Network /Calliope/ Night Flight 33 Cinemax (24 Hours) 34 Home Box Office 35 C -Span SUMON CABLE FM FREQUENCY NW-;7 KUCI KUSC KSIV KOIV KMAX KHBO KNX KZLA KIIT KMET lWS KM KWIZ 1901 IQQQ KRTH' KOCM MIS KOST KBIG KKGO KWST KVMS KWVE 111", I" a. 88.5 89.1 89.5 89.9 90.1 90.5 90.9 91;3 92.7 93.3 94.3 94.7 95.1 95.9 96.7 983 100.3 101.1 102.1 102.7 103.5 1043 105.1 105.9 1063 107.5 ' Dolby Stereo Synthesized Stereo .Educational MusicTV• Educational/Rock Educational/Classical SelecTV" ON -TV** Cinemax" Home Box Office" Album Oriented Rock Country Country Album Oriented Rock Album Oriented Rock Album Oriented Rock Middle of the Road Beautiful Music Top 40 Adult Contemporary Adult Contemporary Top 40 Beautiful Music Beauttful Music jazz Album Oriented Rock Gospel Contemporary Rock CITY Mission Viejo Satellite Irvine Los Angeles Marina Del Rey Glendale Satellite Satellite Los Angeles Los Angeles Garden Grove Los Angeles Los Angeles. Anaheim Santa Ana Los Angeles Los Angeles Los Angeles Newport Beach Los Angeles Los Angeles Los Angeles Los Angeles Los Angeles Santa Ana San Clemente OFF AIR FREQUENCY M 89.9 91.5 93.1 93.9 94.3 94.7 95.5 95.9 96.7 98.7 I003 101.1 103.1 102.7 103.5 104.3 105.1 105.9 1063 107.9 �oe� To: Don 'McNutt Cc�� ti t�Vicki Stowe���� From: !! r MANPvoatR�'cN. \r.� Date: September 16, 1982 9. an GF UtIF. 2 Subject: Public Access Channel 3 - A Status Summary This is in response to the City of Newport Beach request for information about how Community Cablevision has operated and positioned our public access channel. I. CURRENT STATUS A. Availability - The studio is fully available to individuals and organizations who satisfy our application requirements (copy attached). The programming schedule is also flexible to accomodate the running of qualified programs. We currently schedule anywhere from 15 to 30 hours of programming weekly. We run programs which have been supplied to us and previewed for commercial and editorial content. We also offer one hour of free studio recording time provided the organization supplies their own 3/4" tape. B. Equipment 1. Studio approximately 15' x 15' 2. 2 color cameras 3. Lighting for indoor studio use only 4. 6 lavalier microphones, 2 handheld microphones 5. Editing facility for 3/4" tape 6. 1 Porta Pack ( portable camera and video tape recorder for outdoor use only) C. Programmingi - Attached please find the last month's program logs. Among the programs and subjects run are: 1. Lifestyles - Places to go and things to do in Orange County. 2. Impressions - focus on artists in Orange County 3. Bridges - conversations in faith and culture 4. Videovisions - feature news and sports in orange County 5. 0. C. Sports Scene - sports activities in Orange County 6. Community Psychology - Dr. Michael Scher discusses current social issues 7. The Gary Couture Show - new alternatives for health and well -being Public Access Channel 3 - A Status Summary, page 2 8. Irvine Unified School District - Board meeting 9. Irvine City Council 10. Newport Beach City Council 11. Moneyworks - Don Olsen interviews financial experts 12. Financial Inquiry - variety of topics and guests 13. Energy Review - Newport Foundation presents energy issues facing Orange County 14. Literature for Littles Ones - children's stories 15. P.S. It's For You - Community Cablevisions interviews with various civic and community organizations D. Marketing /Public Relations - 1. At present Cindy Zimmerman, former Programming Coordinator was personally active in the community contacting numerous civic and special interest group leaders. The "P.S.. It's For You "format allowed for many interest groups and public service organizations to be publicized without having to create a program and schedule tapings on their own. 2. TV WORLD - occasional notices to the public 3. CHANNEL 3 - messages reinforcing public access II. FUTURE PLANS A. Availability - to remain the same B. Equipment - no more expenditures anticipated in the next 6 months. C. Programming - we intend to continue to program as per the current schedule. In approximately 60 - 90 days we hope to be back in a more aggressive position for programs initiated by Community Cablevision. D. Marketing /Public Relations - more formal messages and outreach efforts are planned to make the community aware of the channel. The intention is to run: 1. Weekly messages in TV World 2. Nightly on Channel 3 3. Formal communication with community groups and follow - up 4. Consider bringing back the PS It's For You format 5. Public Service announcements on Channel 3 While this capability may not seem like much on the sur- face, it allows the cable operator a tremendous amount of flexibility in system operation and the cable subscriber a cor- responding amount of flexibility in his service choices. Expanded Service Flexibility The addressable converter comes into play when the system operator is first settling on service offerings. Many cable systems give subscribers a choice over the amount of basic service they would like by assigning chan- nels to different groups, or tiers. In the past, if this was done, the system operator was forced to go to each subscriber's home to activate service and to install a "trap" to filter out CTIC CableReports 2 service, the subscriber's converter is given the ability to "see" more cable channels. September 1982 Addressing Addressabiioty '• by Bill Kohutanyc2 Engineer °, , - the tiers of channels that the subscriber did not want . to pay CTIC Associates a '' _Y ,,, {' -`for. Alternatively, the operator may have decided to scram- '� ble all of the channels on higher tiers and only give de- During the past few years municipal officials in franclus- scramblers to those subscribers who had paid for the addi- ing communities have been presented with sophisticated pro : `: tional channels. In either case, aside from the inflexibility of posals for cable television service. One major item that has such systems, the operators ran into additional costs as a ser- seen significant growth in these proposals is the evolution of vice call was usually required when a subscriber wanted to the addressable converter. change the level of service. Addressable Technology „' r 'In an addressable system it becomes possible, subject to -.;. a The addressable converter is actually a communications economic and practical considerations, to control many chan- nels on what amounts to an individual basis. Because the S ystem that joins the subscriber converter to a computer com system operator has what is in effect "remote control” over plex (at the cable headend), using the coaxial cable as the the descrambler in each converter, it is possible to formulate ;medium of eommunications._The term "address" is used in ,-much more creative service offerings '+the same manner as a house address but is not exactly the 4 c', + j' ax :' ' : "- _ :'• same idea. The term is borrowed from the computer industry rk ? The operational efficiency of the system comes into play -where each "address" specifies a distinct location, which can � when a request for a service change is received. Depending on be inside the computer or outside. In cable systems we are the workload of the office staff and the size of the system us only concerned with locations outside of the computer. These ,ing addressable technology, it is possible to have the service ;locations are the converters in use, each has its own unique changed within 30 minutes (in many cases almost immed address or identity which is physically set in each converter. iately)— without having to send out a service technician. We Since a subscriber may opt for more than one cable drop there should point out that there are situations that can require a may be more than one converter address at a given home service call. For instance, if the operator is protecting system security by only connecting one cable of a dual cable plant for ^.:Because each converter is uniquely identified, the computer ; lower tier subscribers, it will be necessary for a service tech- " is able to send instructions to each converter in the system nician to go out and connect the second cable for a service individually. t is important to note that an addressable system Y• Po Y upgrade. is a one -way communications system and does not require c, two -way cable plant. ',._ Pay Flexibility In the addressable system the computer is the dominant In addition to the flexibility in tier structures and service force. It sends messages down the cable to specific converters. charges, addressable converters also make premium channel The converters receive all messages but only react when a offerings more flexible. Since each channel can now be message has been sent to its specific address. In most address- (theoretically) individually controlled it is no longer necessary able systems the reaction capability of the converter is limited to limit the number of pay channels offered or the tier on to turning an internal descrambler on or off, or turning itself which they are placed. The availability of these channels of on or off, course depend on the operator's marketing philosophy. Because traps are not used to separate the different tiers of While this capability may not seem like much on the sur- face, it allows the cable operator a tremendous amount of flexibility in system operation and the cable subscriber a cor- responding amount of flexibility in his service choices. Expanded Service Flexibility The addressable converter comes into play when the system operator is first settling on service offerings. Many cable systems give subscribers a choice over the amount of basic service they would like by assigning chan- nels to different groups, or tiers. In the past, if this was done, the system operator was forced to go to each subscriber's home to activate service and to install a "trap" to filter out CTIC CableReports 2 service, the subscriber's converter is given the ability to "see" more cable channels. September 1982 This control of individual channels combined with fast ser- ' plex can be either custom made to incorporate a billing func - vice change without a service call, make expanded pay ser- '' tion or can interface with a general office /business computer vice offerings possible. Pay -per -view programming offers for this function. This allows the automatic recording of system shows on a one time basis with a charge for each viewing. charges and "purchases." Additionally because the computer This approach has already been used on subscription televi- can tell the converter to turn off subscriber service, the operator sion (STV) with addressable converters —the most famous and has a powerful weapon to use in collecting overdue accounts. well- received programs thus far have been professional box - If a converter is stolen or the subscriber moves without return- ing (i.e., the Leonard -Hearn fight) and live concerts (Roll- ing the converter or paying for new service, the operator can ing Stones). turn off the converter, rendering it useless to anyone. If the Range " were to try to use the converter another address - Pay- per -view has been done in the past on cable systems by .subscriber s ides having a unit able system, it would not work, because besides giving paying subscribers a trap to remove an interfering signal Sue identity number of its own the converter also has a "market from the broadcast. This method did prove workable, but was code" built in which tells it wherein the system it is allowed ,,awkward in practice due to the increased lead time necessary . to operate i ore that all interested subscribers got their traps in time, D series _to and correctly attached them to their television sets. The ad Cosh ; adreesable converter allows the operator to offer pay -per - view ,? a programming and accept orders by phone or mail. Of course In general an addressable converter system offers significant all operators to consider is how to insure an issue for a nsre that a ll benefits to the system operator in terms of control and flex= sudden flood phone calls 5 minutes from show will not ibility and to the subscriber in terms of service options. The cause their staff (and subscribers) nervous breakdowns: municipal official should bear in mind that the actual way that _ Accounting and Security the system is used is up to the cable operator. In any event .;,this type of system does not come cheap. Some of the costs The addressable converter can also help the system operator Fare summerized on the following table for a number of major in bookkeeping and billing. The addressable computer com- '` manufacturers. continued on 6 Addressable Converter Comparisons September 1982 3 CTIC CableReports Subscriber Equipment Headend Equipment Cost per Addressable Price Computer Capacity Price Scrambled - Manufacturer Converter Range No. of Subscribers Range Channel Jerrold V series. $ 96 -98 32,000 $22K $1,200 D series 103 -117 32,000 22K Starbase $ 54 -62 256,000 65K (add on) Oak - TC -36 $120 -130 8,000 $16K $2,000 TC -56 135 -145 10,000 $70 -105K Pioneer $120 -134 2,000 $60K $1,600 15,000 95K 30,000 100K 60,000 130K 105,000 150K Tocom 5504A $145 100,000 $125K $3,000 Zenith Z -TAC $130 -153 250,000 $51K $5,950 (3,500 after October) C-Cor Series 1' $180 8,000 $13K N/A Series 10 200 64,000 20K 150,000 65K Texscan TRACS $160 -200 Variable $100K N/A September 1982 3 CTIC CableReports These converters are located outside the home, on a pole Summary suspension stand, or in a pedestal. The subscriber has only an E' inexpensive key pad in his home that communicates with the The manufacturers and cable operators are advancing in their 'converter. When the subscriber "asks" for a channel, the con use of computers to aid in the delivery of signals and are com- verterchecks that the subscriber is authorized to receive that ; mitted to seeing addressable systems work. Addressability of- channel. If so, the converter sends that channel down the drop fers numerous benefits to the operator and to the general to the television set. If the subscriber requests an unauthorized subscriber, but an addressable converter is more costly than channel nothing is sent to the television set. a standard converter, thus addressability may not be for every system at this time. Older systems with completely filled Chan- . ...... ,. .. ' „These systems do not use scramblers at the headend so there nel capacity may not get significant benefits from an ad- aie some cost savings that can be set against the cost increase dressable system. Also, system operators may be unwilling or for the subscriber equipment unable to foot the bill to replace standard converters with ad- dressable converters —this problem has been addressed by Jer- �X-Cor and Texscan systems have advantages over self 'fold as well as other manufacturers, who market an addressable contained units when it comes to converter and signal theft ,. ` �ntrol unit (e.g., Stazbase- Jerrold) that will work with existing because the keypad that is in the subscriber's home is not an t, actual converter, it is useless if it is stolen and used in an y other ' converters. All the facts are not in yet so it is hard to deter - a1 mine what combination of number of subscribers, number of r system. The manufacturers also feel that these "remote” con- - A""6annels, number of pay services, etc. are required to break verters will be a strong deterrent of signal theft because at the even on the inclusion of an addressable system. However, } :very least the subscriber will have to try and defeat soptusti rovwhatever the number today, it will undoubtedly get smaller as " cared equipment that is no longer in the livingroom, but the industry matures. outside However, there is oneweakness these remote converters have " � i enegotlation, Renewal,, shown in early designs. Since only one channel is sent down 1 the drop cable at a time, it is necessary to run multiple drops Rebuilding antl Refranehising a the subscriber wants to connect two television sets in ' ' Seminar'Set for October L. dependently to the cable system. C -Cor's newest model, the s= c Series 10 circumvents this problem by sending the "channel of choice" on the drop with all channels at VHF frequencies a Cable Television Informauori Center and the Uni- 4nd mid band frequencies —a total of 21 possible channels. ersuy of Wisconsin ztenston will w'sponsor a national Their idea is that the operator can use these frequencies to pro- nference for Local government dfficials and Staff on pe q p , 'gram a basic tier (no pay channels) that could be delivered to refranchising renewal and renegohahon on October a second set using a simple splitter. if full service were requested Y 1 Y2 m, Madison, W I x rT >� another drop would be required to be•fully addressable. gty°h; - ;d� k'' *_ a: tt he two day conference, fe held at [he Sheraton Inn Texscan has solved this problem in a different way. It will and `.Conference Center in Iyladison; Wilf focus oh legal send a number of different signals on the same drop attuned r' ' to a number of potential requests from the subscriber. hnd procedural options. for municipalities and cable s operators in renewal and refranohismg situations and on the technical and financial con' ' erations of rebuilding In the same manner that a standard converter "converts" Z . all the channels on the cable to single channel, the Texscan Fable systems:' Industry experts, consultants, and mum- remote unit converts a requested channel to any of a number 1 Per onnel from across the country will, pre sent case tudres'of recent renewal and renegotiation procedings. of output channels. Each keypad in the home is tuned to a v" N 4 separate frequency. Since these channels can only be requested x S xx k % by a special terminal that the remote converter "recognizes," ndividuals interested iti attending the conference may signal security is maintained. register'through the University of Wisconsin - Extension ?tnregisfration office, The Wisconsih Center, 702 Langdon These remote converter systems are only just now coming Street, Madison, WI, 53706, or register zby phone (608) on the market. The manufacturers of "regular" addressable X262 7942; Participants from &IC member governments converters have had their problems with proto -types and the map register.for $75 ThC ed for all other participants " "first model year" syndrome affecting operation and reliability. is $135 Center members 6hould be sure to indicate thatj;� These problems have now basically been solved, and were most �flie ?re `eurreftf C mebm L tt probably addressed in the design phase of the remote systems. y However, until the industry has more units in actual use,Mur- More mfor in pn theeonference is available from phy's law may still prevail. Center - k, i September 1982 7 CTIC CableReports :1u;7 ti :h. C 'jhon a 4,2660 cc:: co October 19, 1982 RECq;FC`'.� 1kc",- ccrz o isQ2 City Hall City fay-'r t City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 -3884 w � I hereby acknowledge that I have reviewed and am in concurrence with the information contained in the Staff Report dated October 25, 1982. The subject of this Report is: Compliance of Community Cablevision Company with the Amendments to Municipal Code Chapter 5.44, "Community Antenna Television ". Don McNutt General Manager a CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH. CA 92663 -3884 October 27, 1982 Mr. Don McNutt General Manager COMMUNITY CABLEVISION 1061 Camelback Street Newport Beach, CA 92660 Dear Mr. McNutt.: OFFICE OF THE CITY MANAGER (714) 640 -2153 This letter is intended to serve as a reminder that pursuant to Municipal Code Sections 5.44.120 and 5.44.130 (copies enclosed), CATV franchisees are required to maintain in full force and effect, surety bonds and insurance coverage. Please be sure that your company continues to satisfy the requirements of these sections. Thank you for your continuing cooperation. Sincerely, AssVtot pethe City Manager GJB; enclo ures xc: City Clerk 3300 Newport Boulevard, Newport Beach state of Calif county of Orange ss: On October 21, 1982 before me, a Notary Public in and for said County and Slate; residing therein, duly commissioned and sworn, personally appeared Patricia H. Brebner .known to me to be Attorney -in -Fact of Transamerica Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above r � r•pF- ,„ cr:a T, My Commission Expires . wr +�.� -r , r CA! i 3ro A �{ �\ 4g�\ � . Notary Public r 360212 -6.66 -�,� 29, r My onnn c Frres JUL 1983._1 THE IRVINE C MPM 550 Newport Center Drive, P.O. Box I Newport Beach, California 92663 (714) 644 -3011 October 25, 1982 Ms. Wanda Andersen, City Clerk City of Newport Beach 3300 Newport Blvd Newport Beach, Ca 92660 Rea Transamerican Bond No. 52407642 Dear Ms. Andersen: +s, ears NfwPnr uF ?cactr CC 25198.? CTy� � ,< Confirming our telephone conversation of 10/22/82, we enclose properly executed Cormu pity Cablevision Company bond as required by the terms of Ordinance 1891 of the City of Newport Beach. Please call if you should have any questions. Yours very truly, �_. F • r� Encl. cc: 'Don McNutt, Community Cablevision TO 1945 CA (6 -74) (Corporation) se W X J a m TRtE INSURANCE ANDTRUST :STATE OF CALIFORNIA ATIWF Q MMNY COUNTY OF Orange } SS. On October 25, 1982 before me, the undersigned, a Notary Public in and for said State, personally appeared- Warren D. Fix known tometobethe Vice President, and Collin L. Hatch known to me to be Assistant Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed.. the within Instrument on behalf of the corporation' therein named, and acknowledged to me that. such corporation executed the within instrument pursuant to its by -laws or a resolution of OFFICIAL SEAL its board of directors. s "`" X LORRAINE JONES WITNESS my hand and official seal. Signatur ! °%,'" -�. .. NOTARY PUBLIC - CALIFORNIA ORANGE COUNTY non My Comm. Expries Dec. 23, 1983' (This area for official notarial seal) %ansamopica Insurance Opoup I � I� �'hanxa.wen ao ('� y,rnf anrx t bansamerlea lnSuPanee Company A STOCK COMPANY HOME OFFICE: LOS ANGELES, CALIFORNIA BOND NO. 5240 76 42 PREMIUM 5 350.00_ EXECUTED IN DUPLICATE BOND FOR CITY KNOW ALL MEN BY THESE PRESENTS, That we, COMMUNITY CABLEVISION COXPA \Y, a wholly owned subsidiary of the Irvine Company, a corporation organized under the laws of the State of California, as Principal., and the "HANSA1MERICAN INSUR.NCE COMPANY, a corporation organized under the laws of the State of California, and authorized to transact the business of surety in the State of California as surety, are held and firmly bound unto theCity of Newport Beach a Municipal Corporation of the State of California, in the just and .full sum of One hundred thousand and no /100 dollars ($100,000.00 ) for which sum, well and 'truly to be paid, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That, WHEREAS Principal has been granted eeewR O.Ttnon- exclusive franchise for the construction, operation, by the City ofB and maintenance of a Community Cable Television System, in accordance with the terms of Ordinance NoI8 91 of the City and other related franchise documents, reference to which is hereby made, and all of which are made a part hereof'. NOW, THEREFORE, in the event Principal shall fail to comply with any one or more of the provisions of the franchise documents or of any other city ordinance pertaining to CATV Systems; then there shall be recoverable by the City of NgH SEPintly and severally, from Principal and Surety, and damages or loss or costs including the full amount of any compensation, indemnification, cost of removal or abandonment of any property, or other costs which may be in default, attorney fees and costs of any action or preceeding, suffered or incurred by the City as a result thereof. This Condition shall be limited to the period beginning Oct. 21, 1982nd ending • Oct. 20, 1983 Renewal of this obligation shall remain at the Surety's option. It is further conditioned that the total aggregate liability of tiie Surety for ' all claims shall be limited to the fact amount of this bond irrespective of the number of years this bond is in force, provided, however, the Surety at its sole option shall have the right. to cancel this bond except as to liability already incurred or accrued at any time by giving written notice of not less than 30 days to the City Of -Newport Beach. The Surety further agrees to provide not less that 30 days written notice to the City of its intention not to renew or to make any material change in this bond. Any notice given hereunder shall be addressed to the City Clerk of the City of Newport Beach. Sealed with our seals and, dated the 21st day of October, 1982. CON1MUNITY CABLEVISION COMPANY PRINCIPAL BY:�/ Y M TRANSAMERICA INSURANCE COMPANY SURETY ATTORNEY IN FACT Patricia H. Bre ner I 777rrTransamffica Insurance Services Transamerica. Insurance Company A STOCK COMPANY HOME OFFICE: LOS ANGELES, CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That TRANSAMERICA INSURANCE COMPANY, a corporation of the State of California, does hereby make, constitute and appoint STANLEY C. LYNN, CAROL G. GRASSO, PATRICIA H. BREBNER, LAURIE B. EPNER OF LOS ANGELES, CALIFORNIA* * * * * * * * * It * * * * * * * It st * * It * * * * * * * * * * * * It It it * * It * It It * * * * it * It * * * * * It * * * It its true and lawful Attorney(s)-in -Fact, with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, if a seal is required, bonds, undertakings, recognizancesor other written obligations in the nature thereof, as follows: A11y and all bonds and undertakings for or on behalf of this company in its business and in accordance with its charter* * * * * * * * * * * st * * * * * * * * * * * * * * * * * * * * * * * It * * * * * * * * It it * * * * It it * * * * It * * * * * It it * * * * it * It * * It It * and to bind TRANSAMERICA INSURANCE COMPANY thereby, and all of the acts of said Attorneys) -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following by -laws of the Company which by -laws are now in full force and effect: ARTICLE.. VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizances, contracts of indemnity, endorsements, :stipulations; waivers, consents of :sureties, re- insurance acceptances or agreements, surety and co- surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall he validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney -in -Fact authorized to so sign by (i) the Board of Directors, (ii) the President, (iii) any Vice. President, or Qv) any other person .empowered by the Board of Directors, the President or any Vice President to give such authorization; provided that all policies of insurance . shall also hear the signature of a Secretary, which may he a facsimile, and unless manually .signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument.. may affix the Corporation's seal thereto. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of October 1963. "Resolved, That the signature of any officer authorized by the By -laws and the Company seal maybe affixed by facsimile to any power of attorney or special power of attorney or certification of either given for the execution of any bond undertaking, recognizance or .other written obligation in the nature thereof; such signature and seal, when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, TRANSAMERICA INSURANCE COMPANY has caused these presents to be signed by its proper officer and its corporate seal to be hereunto affixed this 31st day of OCTOBER 19 $0 s By .. "��• J. W. FLESHMAN, Vice President. State of California ) County of Los Angeles ss On this 31st day of OUOBER 19go, before me personally came J.W. Fleshman to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sierra Madre, State of California; that he is a Vice- President of Transamerica Insurance Company, the corporation described in and which executed the above 'instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. OFFICIAL Ds ELIZABETH ,�A _ NOTAkr PUeLiC MNOPAL OLOS ANGELES My Commlaslon E W Notary Public 17198 (over) (5-80) 0 October 22, 1982 OCT 251982" RECEIVED City of Newport Beach CITY CLERK � 3300 Newport Blvd. �! Newport Beach, CA 92660 w Attn: City Clerk's Office Re: Community Cablevision Certificate of Insurance We are pleased to enclose: prank B. Hall 8 Co. of California Prange County Division Town Center Drive, Suite 500 P.O. Box 8050 Costa Mesa, California 92626 ❑ Confirmation of insurance. ❑ Your policy as requested. ❑ Your renewal policy continuing similar insurance. • Your renewal certificate for attachment to the above policy. • Your copy of the policy. The original has been forwarded to the mortgagee. ❑ Invoice in the amount of $ ❑ Loss payable endorsement. ❑ Form for your completion, signature and return to our office. We Certificate #86 of insurance. ❑ Endorsement for attachment to your policy. El Should you have any questions concerning the enclosed, please call us. Sincer Q S anne wards Account Assistant cc: Wendy / Irvine Company Insurance Company Telephone (714) 641 -8355 SE/se encl. ©• NAME AND AGENCY #86 FFRANKF0. & CO. OF CALIFORNIA COMPANIES TYPE OF INSURANCE AFFORDING COVERAGES 'ORANGE COUNTY DIVISION EACH g 695 TOWN CENTER DRIVE • SUITE 500 COMPANY A American National Fire Insurance Co P.O. BOX 8050 E ER COMPANY. LETTER B Great American Insurance Company COSTA MESA, CA 92626 (7141 641.8355 NAME AND ADDRESS OF INSURED C Community Cableuisioon LETTER 9001LY INJURY Gibraltar Casualty Company 550 Newport Center Drive ® COMPREHENSIVE FORM Newport Beach, CA 92660 COMPANY LETTER COMPANY E i n ^f 2 S„r 946/453. 2 p 2 6 -30 -83 PROPERTY DAMAGE LETTER L of any contract or other document ( tormc nvrW<inn<and rnnditinnc of to which this certificate may be issued or may Pertain, the S. is subject to all the N OF OPERATIONS /LOCATIONSNEHICLES operations usual to named insured. Cancellation: Should any of the above descpbed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail S0 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OFCFRTIFICATE HOLDER: City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92660 Attn: City Clerk's office ACORD 25 (1-29) DATE FRAb&ekleya$�, By J.W. Searl 6gHrIWJ8KFfi d1Wg1 / se Limits. of Liability in Thousands COMPANY LETTER TYPE OF INSURANCE POLICY NUMBER POLICY EXPIRATION DATE EACH g OCCURRENCE GENERAL LIABILITY 9001LY INJURY $ s ® COMPREHENSIVE FORM A PREMISES— OPERATIONS i n ^f 2 S„r 946/453. 2 p 2 6 -30 -83 PROPERTY DAMAGE $ $ ®EXPLOSION AND COLLAPSE ]GREGATE HAZARD UNDERGROUND HAZARD. PRODUCTS /COMPLETED ww OPERATIONS HAZARD ® CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE $ 500, $ BROAD FORM PROPERTY COMBINED DAMAGE INDEPENDENT CONTRACTORS PERSONAL INJURY $ PERSONAL INJURY AUTOMOBILE LIABILITY BODILY INJURY $ (EACH PERSON) A IIC�II �p COMPREHENSIVE FORM, O T p 3/67p61 RA 6 -30 -83 BODILY INJURY $ OWNED O (EACH ACCIDENT) PROPERTY DAMAGE 8 ® HIRED ® BODILY INJURY AND NON OWNED PROPERTY DAMAGE COMBINED EXCESS LIABILITY C BODILY INJURY AND ® GSU01004 6 -30 -83 $12000" $1,000 UMBRELLA FORM PROPERTY DAMAGE ❑ OTHERTHAN UMBRELLA COMBINED Excess f Prom FORM WORKERS' COMPENSATION STATUTORY B and PC3092032 6 -30 -83 s 2,000, EMPLOYERS' LIABILITY - > > ('1II ACCmENn OTHER N OF OPERATIONS /LOCATIONSNEHICLES operations usual to named insured. Cancellation: Should any of the above descpbed policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail S0 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND ADDRESS OFCFRTIFICATE HOLDER: City of Newport Beach 3300 Newport Blvd. Newport Beach, California 92660 Attn: City Clerk's office ACORD 25 (1-29) DATE FRAb&ekleya$�, By J.W. Searl 6gHrIWJ8KFfi d1Wg1 / se (Ala) CITY OF NEWPORT BEACH 'S ICE OF THE CITY MANAGER �►'�CILQ.aoe.� April 26, 1982 APR 26 1982 CITY COUNCIL TO: i C.GUtN1�.�C�U�AsYOR AND CITY COUNCIL AGENDA ITEM D -3 FROM: City Manager SUBJECT: PROPOSED RATE INCREASE FOR 12- CHANNEL CABLE SERVICE SUBMITTED BY COMMUNITY CABLEVISION Background The City Council, on October 24, 1978, established the current monthly service rates for 12- channel service in the Community Cablevision franchise area. These rates are as follows: Individual Account (up to two outlets) $10.00 Additional Outlets (each) $ 2.00 Bulk Account (up to two outlets) $ .6.70 Additional Outlets (each) $ 2.00 The "bulk account" rates apply a discount toward group subscript:ions as in the case of homeowners associations. On March 23, 1981, the Council approved rates for a new 27- channel service. As proposed by Community Cablevision, it was specified in the resolution approving the new rates that subscribers would not be re- quired to obtain the 27- channel service and that they could choose instead to retain the 12- channel service. Monthly rate for the 27- channel service are as follows: Individual Account (one outlet) Additional Outlets (each) Bulk Account $10.95 $ 5.00 Discount not Available TO: MAYOR AND CITY COUNCIL - Page Two Proposed Rate Increase for 12- Channel Service Attached is a letter from Community Cablevision which requests approval for several increases in 12- channel service rates. The rates being requested for adjustment are monthly rates for " -indi- vidual and bulk subscribers. The requested monthly rate for indi- vidual subscribers is $8.95 (one outlet) and the requested rate for bulk subscribers (up to two outlets) ranges between $7.95 and $8.50 depending upon the percentage of actual subscribers in the associa- tion area. The rates for additional outlets would remain unchanged. Discussion Very few basic subscriber packages provided by cable companies offer only a 12- channel service. This is due to the expansion in recent years in cable programming capability via satellite, microwave and related transmission modes. Most systems range between 20 -30 channel offerings. For this reason it was difficult for staff to obtain rate information for comparative purposes. It was learned, however, that in Orange County, the City of Brea is currently served by a 12- channel system. The monthly rate charged in Brea is reportedly $9.75 for one outlet. The current and proposed rates are compared below: A. Individual Account Current (12- Channel) $10.00 (two outlets) B. Bulk Account Current (12- Channel) $6.70 (two outlets) Current (27-Channel) $10.95 (one outlet) Current:(27- Channel) Not Available Proposed (12- Channel) $8.95 (one outlet) Proposed (12- Channel) 90 -100% $7.95 (2 outlets) 80 -90% $8.25 (2 outlets) 75 -80% $8.50 (2 outlets) Basically what these rate increases will mean is that for two outlets an individual subscriber would now be required to pay $10.95 ($8.95 plus $2.00 for one additional outlet). This represents an increase of $.95 per month. As mentioned, the Brea rate for 12- channel service (one outlet) is $9.75. This compares favorably with the $8.95 being proposed by Community Cablevision. For bulk subscribers, the increases will vary depending upon actual cable penetration in the particular area. The highest rate ($'8.50) For two outlets represents an increase of $1.'80 per month. 0 11 TO: MAYOR AND CITY COUNCIL - Page Three Staff would offer the following findings regarding the requested increases: 1. The 12- channel rates have not been increased for over three years hence an increase request at this time seems reasonable. 2. The requested rates are not excessive in comparison with what is now being charged or in comparison with the identified comparable rate in another system. 3.. while most cable companies do not even offer a 12- channel service, Cablevision has elected to allow subscribers to retain this limi- ted service option. 4. The level of service provided by Community Cablevision appears to be excellent based upon the limited number of complaints received by the City from subscribers. 5. Under the provisions of Assembly Bill 699, cable companies have the option to unilaterally deregulate rates. Cablevision has not suggested this possibility and it is mentioned here only for Council information. Recommendation Based upon the information and findings contained in this staff' report, it is 'recommended that the Council adopt Resolution No. approving the proposea . 12 - channel rate increases. ROBERT L. WYNN City Manager RLW:GJB:jmb Attachment o?I' iiw+ it 4 Cat, ".mtt n .5h I pmt b u� ri Ca ..0 "22.60 (714) 720 2120 March 23, 1982 Mr. G.J. Bolint Assistant to the City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 -3884 Dear Mr. Bolint: 0 1*2 Y Of �e¢h °mot sCc Resolution No. 9450, adopted the 24th of October 1978, established a new rate schedule for CATV services being provided by Community Cablevision Company for its sub- scribers in Newport Beach, California. These rates and charges were for the 12 channel service then being offered by the Company. On March 23, 1981, by Resolution No. 10,002, the Newport Beach City Council approved rates for the new 27 channel Kaleidoscope service beginning May 1, 1981. Also in this Resolution the same rates for the 12 channel service approved in October 1978 by Resolution No. 9450 were reaffirmed. It has now become necessary to request that certain of these rates for 12 channel service be changed. Following is a table which outlines the current rates and the requested: changes. MONTHLY SERVICE CHARGES (12 Channels) Monthly service rental charges are based on either an individual account or bulk account. Current Rate Requested Rate 1) Individual Account $10.00 $8.95 (1 outlet) (Up to 2 outlets) Additional outlets, $ 2.00 $2.00 each (FM or TV) Monthly Service Charg4(12 Channels) Continued S Current Rate Requested Rate 2) Bulk account (up to $6.70 (Up to 2 outlets) 2 outlets) 90 -100% $ 7.95 80- 90% 8.25 75- 80% 8.50 Additional outlets $2.00 $ 2.00 each (FM or TV) These changes in monthly service charges are the only fees the City is currently being asked to change. Since these rates have been in existence in excess of three years, the highest of these charges represent less than a 6.5% increase per year. I would like to point out that the rates asked for would be equal to those in the City of Irvine. Please let me know how you would like to proceed. Very truly yours, ' '24, Tom LaFourcade 0 0 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING A RATE INCREASE IN THE FEES AND CHARGES FOR COMMUNITY CABLEVISION COMPANY AS RELATED TO 12- CHANNEL SERVICE, AND AMENDING RESOLUTION NO. 10002 WHEREAS, on April 12, 1982, the City Council of the City of Newport Beach adopted Resolution No, 82 -52 setting a public hearing to consider a rate schedule increase 'which Community Cablevision Company (hereinafter "Community Cable ") could charge its customers; and WHEREAS, on March 23 1981, the City Council, of the City of Newport Beach adopted Resolution No. 10002 establishing the rates and charges for Community Cable services within the City of Newport Beach; and WHEREAS, Community Cable has requested the establishment of a new service rate for the 12- channel service while maintaining the existing rate for 26- channel service within their franchised area of the City of Newport Beach; and WHEREAS, pursuant to Section 5,44.035 of the Newport Beach Municipal Code, the City Council has held a public hearing to consider said rate alterations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, that the following rate schedule for CATV service proposed by Community Cable is hereby approved: MONTHLY SERVICE CHARGES (12 CHANNELS) Monthly service rental charges are based on either an individual account or bulk, account. Current Rate Requested Rate 1) Individual Account $10.00 $8.95 (1 outlet) (Up to 2 outlets) Additional outlets, $ 2.00 $2.00 each (FM or TV) 2) Bulk account (up to Up to 2 outlets) 90 - 100% $7.95 80 - 90% $8.25 75 - 80% $8.50 Additional outlets $ 2.00 $2.00 each (FM or TV) BE IT FURTHER RESOLVED that Resolution No. 10002 be amended to reflect the rate increases insofar as they pertain only to 12- channel subscribers. ADOPTED this day of , 1982. Mayor ATTEST: City Clerk R- 4F- Cable4 0 THE NEWPORT ENSIGN PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Orange, I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of the Newport Harbor Ensign newspaper of general circula- tion, printed and published weekly in the city of Newport Beach, County of Orange, and which news- paper has been adjudged a newspaper of general circulation by the Superior Court of the County of Or- ange, State of California, under the date of May 14, 1951, CASE NUMBER A -20178 that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil) has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates to -wit: April 14, 1982 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Newport Beach, California, this day of '19 1 Signature THE NEWPORT ENSIGN 2721 E Coast Hwy, Corona del Mar, California 92625 This space is for the County Clerk's Filing Stamp COUNCIL AGENDA NO Z_ -, A PUBLIC NOTICE RESOLUTION NO. 82 -52 Proof of Publication rd PROOF OF PUBLICATION PUBLIC NOTICE _ RESOLUTION NO.8252 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING TO CONSIDER A RE- QUEST BY COMMUNITY CABLEVI. SION COMPANY FOR A RATE IN- CREASE IN THE FEES AND CHARGES FOR CABLE ANTENNA TELEVISION SERVICE WHEREAS, as October, 24, 1878. the Cuy Councd of the Crily.1 Newport Beach adopted Sentiment No. 94S0 ae]ebWhi.9 a rate aahedule wh.h Community Cablanusn Company could charge its substantiate within Its ee. are. m the City of Newo.sat WHEREAS. Community Cablervxlan Company hen subreiued a mgwnt for a ate asommen in Ibe monthly cable amen.. relevuion ee sae lap and Other charges which ma vi froth on Exhibit "A" attached faces. and WHEREAS, Ric . S.",035 of the Newport Beach Municipal Code pc- mdas her prior t. euehonnioq the change of any rata or charges by the holder of a Community Antenna Telrvumn Fr ... how. the Clly Council shall Into adopt a Beacham. of lam tine to do re, and 11. a itme for a public hearing to consider mid propon ed change. NOW, THEREFORE. BE IT RESOLV. ED by the City Council of she City of Newporl Beach, that a public hearing to consider a crustal by Community Ceblevislon Company Jar a rate m lelrvsn the monthly cable ..,.an. inon lee and other chergea as seer Earth in attachment 'A" will be held oo the 261h day of April, 1982, at the hour of 7 p. m.. in he Council Chambers located at City Hail. 3300 Newport Bivd., Newport Beach, Calif.,.,. BE IT FURTHER RESOLVED that the City Clark of the City of Newport Beach he and hereby is arranged and .elhorised to publish ]his Remaining of Inlnc ion .1 least o within fifteen (15) days, Eollowmq its exist tad mall a copy of said Reerlaton m each hold.,' at Curemomly Antenna Television Franchise wlthm the Coy of Newport Beach. ADOPTED this 121h day of ApnL 1982. Evelyn Karl, Mayor Pro Tem; Aueal: Wend. E. Andiron, AYES, COUNCIL MEMBERS Hum- reel, Hart Co.. . Plummet Straus., Meurer NOES. COUNCIL MEMBERS Nan. ABSENT, COUNCIL MEMBERS Heather. MONTHLY SERVICE CHARGES (12 CHANNELS) Monthly n rental charges are n based o either o individual amou., or bulk account. Current Rate .Requested R.I. 1 Individual Account (upm 2..[11 $to.W 68.95(1 aabt)SSSSS Add,n ... I outlets each (FM or TV) 12.00 S2.W 2. Bulketcouajup W 6.i0 (uplo2andm.) W.1wh $7 95 80.90% 55.25 754 % silm Additional oullete each (FMor TV) $2 INS 12 W Publish: April 14. 19(12 a, The Newport Ensign NE598 .W` 90 - CITY OF NEWPORT BEACH P.U. BOX 1768, NEWPORT BEACH, CA 92663 -3884 April 23, 1982 Mr. Tom LaFourcade Community Cablevision 1061 Camelback Street Newport Beach, California 92663 OFFICE OF THE CITY CLERK (714) 640 -2251 Re: Ordinance No. 1891. — Amended Enclosed is a certified copy of Ordinance No. 1891 renewing non - exclusive franchise with Community Cablevision Company to construct, maintain and operate a community antenna television system within the City of Newport Beach. Please note that Section 1 (d) (2) on Page 2 has been amended to now read: Chapter 5.44 of Title 5 (rather than Title 5 of Chapter 5.44). In addition, Section 13 on Page 7 has been amended to reflect the same change. This was a clerical error which has now been changed in the offical records. Sincerely, P Wanda E. Andersen City Clerk Enclosure 3300 Newport Boulevard, Newport Beach TO: FROM: SUBJECT: Background CITY OF NEWPORT BEACH OFFICE OF THE CITY MANAGER April 12, 1982 MAYOR AND CITY COUNCIL (qa,) COUNCIL AGENDA ITEM N0. � ;& - � Q UCH APR 12 1982 City Manager �c���tBy the GV COUNCIL PROPOSED RATE INCREASE FOR 12- CHANNEL CAM "'!` p'.`NF'QRT 8646CH SERVICE SUBMITTED BY COMMUNITY'CABLEVISION The City Council, on October 24, 1978, established rates for the 1'2- channel service then being offered to subscribers by Community Cablevision Company. On March 23, 1981 the Council approved rates for a new 27- channel service. It was specified in the resolution approving the new rates that subscribers would not be required to acquire the 27- channel service and that they could choose to retain instead the 12- channel service. As of May 1, 1981, the company no longer offers new subscribers a 12- channel package. The 12- channel rates for those subscribers choosing not to upgrade their service have remained the same since their approval in 1978. Proposed Rate Increase for 12- Channel Service Attached is a letter from Community Cablevision which requests . approval for several increases in the 12- channel service rates. The rates being requested for adjustment are monthly rates for individual and bulk subscribers (community associations). The Municipal Code requires that the Council first adopt a Reso- lution of Intention to hold a public hearing to consider a requested rate increase. Recommended Action It is recommended that the City Council adopt Resolution No. declaring its intention to hold a public hearing on the proposed rate request on April 26, 1982. At the time of the hearing, a more detailed analysis of the proposed rates will be submitted to the Council for consideration. C4�"t-acvr" ROBERT L. WYNN City Manager RLW GJB; mm attachment :',�rltrNU� +ty CuL.'c`lCuii C'o�nEaips;, 1. Sh Rwirpint be ai h, f u(tr or;;iu ?2<`•�;fl (7I4) "20-2020 Tom LuIUUt Jii<<r !,•,: =itfent March 23, 1982 Mr. G.J. Bolint Assistant to the City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 -3884 Dear Mr. Bolint: as cm of �w acch�0rt (e Resolution No. 9450, adopted the 24th of October 1978, established a new rate schedule for CATV services being provided by Community Cablevision Company for its sub- scribers in Newport Beach, California. These rates and charges were for the 12 channel service then being offered by the Company. On March 23, 1981, by Resolution No. 10,002, the Newport Beach City Council approved rates for the new 27 channel Kaleidoscope service beginning May 1, 1981. Also in this Resolution the same rates for the 12 channel service approved in October 1978 by Resolution No. 9450 were reaffirmed. It has now become necessary to request that certain of these rates for 12 channel service be changed. Following Is a table which outlines the current rates and the requested changes. MONTHLY SERVICE CHARGES (12 Channels) Monthly service rental charges are based on either an individual account or bulk account. Current Rate Requested Rate 1) Individual Account $10.00 $8.95 0 outlet) (Up to 2 outlets) Additional outlets, $ 2.00 $2.00 each (FM or TV) 3 Monthly Service Charg &l2 Channels). Continued 40 Current Rate Requested Rate (Up to 2 outlets) 2) Bulk account (up to $6.70 2 outlets) 90 -100% $ 7.95 80- 90% 8.25 75- 80% 8.50 Additional outlets $2.00 $ 2.00 each (FM or TV) These changes in monthly service charges are the only fees the City is currently being asked to change. Since these rates have been in existence in excess of three years, the highest of these charges represent less than a 6.5% increase per year. I would like to point out that the rates asked for would be equal to those in the City of Irvine. Please let me know how you would like to proceed. Very truly yours, ��QC?�cz fGG`u Tom LaFourcade RESOLUTION NO. 82-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DECLARING ITS INTENTION TO HOLD A PUBLIC HEARING TO CONSIDER A REQUEST BY COMMUNITY CABLEVISION COMPANY FOR A RATE IN- CREASE IN THE FEES AND CHARGES FOR CABLE ANTENNA TELEVISION SERVICE WHEREAS, on October 24, 1978, the City Council of the City Of Newport Beach adopted Resolution No. 9450 establishing a rate schedule which Community Cablevision Company could charge its subscribers within its service area in the City of Newport Beach; and WHEREAS, Community Cablevision Company has submitted a request for a rate increase in the monthly cable antenna tele- vision service fees and other charges which are set forth on Exhibit "A" attached hereto; and WHEREAS, Section 5.44.035 of the Newport Beach Municipal Code provides that prior to authorizing the change of any rates or charges by the holder of a Community Antenna Television Franchise, the City Council shall first adopt a Reso- lution of Intention to do so, and fix a time for a public hearing to consider said proposed change. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, that a public hearing to consider a request by Community Cablevision Company for a rate increase in the monthly cable antenna television service fee and other charges as set forth in attachment "A" will be held on the day of a&A lggy , at the hour of 7 :30 p.m., in the Council Chambers located at City Hall, 3300 Newport Blvd., Newport Beach, California. 0. BE IT FURTHER RESOLVED that the City Clerk of the City of Newport Beach be and hereby is directed and authorized to publish this Resolution of Intention at least once, within fif- teen (15) days, following its adoption and mail a copy of said Resolution to each holder of a Community Antenna Television Franchise within the City of Newport Beach. ADOPTED this APR 12 day of , 1982. ATTEST: City Clerk R4F- Cable2- 041282 Mayor MONTHLY SERVICE CHARGES (12 CHANNELS) Monthly service rental charges are based on either an individual account or bulk account. Current Rate Requested 'Rate 1) Individual Account $10.00 $8.95 (1 outlet) (Up to 2 outlets) Additional outlets, $ 2.00 $2.00 each (FM or TV) 2) Bulk account (up to $ 6.70 (Up to 2 outlets) 90 1008 $7.95 80 - 908 $8.25 75 - 80% $8.50 Additional outlets $ 2.00 .00 each (FM or TV) EXHIBIT "A"