HomeMy WebLinkAboutC-1412 - Public Cable Television AuthorityCITY OF NEWPORT BEACH
FFICE OF THE CITY MANAGER
�`�q� Februa,F 2, 197
1 -- dcq�7� Study Session Agenda No. 2
aNZp� Council Agenda No. H -9
......,R AND CITY COUNCIL
FROM: City Manager FE 1Z 1973
SUBJECT: STATUS REPORT ON PUBLIC 01kBItEeTEU6VL4iON AUTHORITY
C!TY PIP Uffw MAT Ar-ACH
RECOMMENDATION:
Approve the City's continued participation in the Public Cable Television Author-
ity from March 1, 1973, to February 28, 1974.
DISCUSSION:
In the spring of 1971, representatives from the Cities of Westminster, Fountain
Valley, Costa Mesa, Huntington Beach and Newport Beach began meeting to discuss
the state -of- the -art of cable television (CATV). After an initial investiga-
tion, it was determined that in order to assure the installation of the most
sophisticated cable system possible in the cities, that a joint powers authority,
the Public Cable Television Authority (PCTA),should be created and a consultant/
coordinator hired to study the field and prepare standards for CATV service.
Since the City of Newport Beach already had two cable franchise companies, Tele-
prompter Corporation and Community Cablevision, the City was allowed to join the
Authority at half the fee structure for the other cities. The City's dues are
5t per capita per year, or an estimated $2770 for next year. The City Council
authorized Newport Beach to become a member of the PCTA on October 12, 1972.
The benefits to accrue to the City from joining the PCTA included:
1) Development of specific performance requirements to insure proper
installation and maintenance of state -of- the -art equipment by our
two cable companies, those standards to be implemented by updating
the City's franchises, and subsequently monitoring these services
by the PCTA.
2) Multi -City development of cable television to achieve a more effective
communications system for public, educational, police and fire services.
3) Provision of the options to adjoin the City's cable services with
neighbor cities for communication purposes.
The PCTA hired Mr. Bateman to be the coordinator /consultant in February, 1972. In
the year that Mr. Bateman has been working for the PCTA, the City has received
these services as a member of the PCTA:
1. Development of
Soon after Mr. Bateman arrived, he visited the two cable companies to survey their
physical plant facilities and review their management policies and plans. In total,
he spent approximately two days with each company.
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Tele rom ter - After his investigations, he informed the City staff that
Te eprompter had replaced all of its amplifiers and now has the capability,
with modification, of carrying over twenty channels including future
two -way digital communications. He determined that the equipment was
state -of- the -art, although only approximately 50% of the franchise area
was cabled. Upon discussing management problems, there appeared to be a
break -down in communications between the City and Teleprompter, and a
lack of interest on the part of Teleprompter to commit themselves to com-
plete the cabling of their franchise area. Since then, a better under-
standing of the role of the City and the company has been established.
The company has met twice with the City Manager and staff to discuss wir-
ing the rest of its franchise area and other problems. The problems Tele-
prompter has been faced with are now discussed with the City in order
to clear up any misunderstandings and to provide assistance whenever pos-
sible. In general, Teleprompter's attitudes and willingness to cooper-
ate has improved over the last year.
Some of the problems Teleprompter identified include:
1) When the streets are private, the cable company has to gain permis-
sion from the homeowner association or land owner prior to laying
the cable, even though the subdivision is in the franchise area.
2) Not all subdividers have contacted the cable company prior to build-
ing, as is required in Municipal Code Section 19.24.140. The City
Attorney is looking into ways to insure compliance with this require-
ment in the future.
3) Undergrounding of cable at this time, prior to the other utilities
going underground is prohibitively expensive (up to $45,000 per
mile) in certain areas of the City, such as on the Peninsula and
Balboa Island. In addition, traffic conditions have precluded the
tearing up of streets in these areas by the cable company. Accord-
ing to their franchise, Teleprompter is not required to go under-
ground until the other utilities do likewise; however, the Council
has established a policy to have all CATV cabling underground. To
date, all the cable installed in the City is underground.
Comnunm ty it Cablevision - Mr. Bateman surveyed the plant facilities of Com-
mu Cab evision and was very pleased to report all the developed area
had been cabled, was underground, and the equipment was very good quality.
However, the system will only carry twelve channels. Mr. Moon, Manager
of Community Cablevision, has indicated to the City staff that plans are
in progress to replace the amplifiers for greater transmission capacity
within the next three to five years. The company is also in the process
of building a complete new production studio and engineering offices.
The dialogue between Community Cablevision and the City was also poor,
But now, after discussing their policies with them, the City receives
monthly reports on the level of service and number of complaints. Com-
munity Cablevision has cooperated very well with Mr. Bateman and the
City and is anxious to interconnect with the PCTA system, once it is
operational.
I
Citv Municipal Code Secti
rules for all cable operations
must be updated to comply with
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4. Communit Antenna Television - In
ica ion ommission a op e a se of
in the County. All existing franchises
those rules by March 31, 1977.
Mr. Bateman has been working with Miss Judy Kelsey, Administrative As-
sistant to the City Manager, reviewing this Municipal Code section. To-
gether they have meticulously gone through the code section to eliminate
ambiguous language, make it consistent with the FCC rules, and update
the technical specifications. In regard to the technical specifications,
special emphasis will be placed on compatibility of systems with the
PCTA operations. A rough draft of the suggested wording is being pre-
pared and will be forwarded to the City Attorney's office by March, 1973.
The City Attorney will then review the suggested changes for legality
and a revised ordinance will be submitted to Council for consideration
some time in the near future.
In addition to working on the City's ordinance, Mr. Bateman has been a
ready source of information on FCC rulings and the legalities of CATV
operations. This service has been very beneficial to the staff over
the past year and has increased the City's capability to communicate
with the cable companies.
Monitorin the Cable Companies - In addition to the cursory reviews Mr.
Bateman has ma a to date, it is anticipated that after the PCTA has
granted a franchise for the other four cities, it will procure monitor-
ing equipment and will be able to physically monitor the signal quality
on the Teleprompter and Community Cablevision cables. This sophisticated
electronic equipment is extremely expensive and it has not been practical
for the City to buy it, considering its limited use.
2. Multi -City Devel
During the past year, Mr. Bateman has prepared the bid specifications for the
development of a cable system in the other four cities. The City Attorney, Council-
men Dostal and Ryckoff and Judy Kelsey all have copies of the 184 page draft.
Once it is finalized, which should be in late February, the document will be pub-
lished and distributed to all the Councils, bidders and interested parties. The
bids should be returned by June and final contract negotiations begin some time
in the fall, after the evaluation of the proposals.
In the bid specifications, the bidder is requested to build a two -way cable system
in the Cities of Costa Mesa, Huntington Beach, Fountain Valley and Westminster.
The system will have a capacity of approximately forty channels, with fourteen
upstream channels. Each city will have its own head -end antenna site with master
interconnects between cities.
In addition to the regular television program channels, there will be government,
public access and education. There will also be spare channels available for
expansion purposes.
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When revisions to the City of Newport Beach Municipal Code are presented to
Council, one option available to the City is to adopt the PCTA technical specifi-
cations, which will require our cable companies to make their systems as modern
as those in the other four cities. According to Municipal Code Section 5.44.035(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 to the Council governing and
establishing reasonable rules, regulations and standards of performance pertain-
ing to the system of grantee." It is the staff's belief that this section gives
Council the power to adopt these standards.
Provision of the Ootion to Adjoin the Citv's Cable Service with Neiahbor Cities
In the bid specifications, it requires the PCTA bidder to interconnect the public
safety channel with the Newport Beach Police and Fire Stations with a full duplex
(two -way) system. An educational channel shall also be interconnected throughout
the Newport /Mesa School District. In addition, full interconnects between the PCTA
franchized system and our two cable companies are required. However, on the latter
specification, cooperation will have to be secured by the City from Teleprompter
and Community Cablevision. The City can insure this cooperation through the adoption
of the resolution discussed above regarding CATV rules and regulations; however,
it is anticipated that the companies will voluntarily comply since it will increase
their marketability.
Future of PCTA
If the PCTA is successful in letting a franchise this year, there are provisions
in the bid to have the grantee pay for the operational expenses of the PCTA. Con-
sequently, by the end of this year the City should not have to contribute any
more funds to the maintenance of the PCTA office.
In the meantime, it is the opinion of staff that the City has well received its
money's worth through the consultant services available to the City by Mr. John
Bateman. This readily available source of assistance, along with the long range
prospect of better cable television services to the citizens of Newport Beach,
well warrants our continued participation in the PCTA.
In the future, the benefits which should accrue to the City from membership in
the PCTA include:
1) Technical monitoring of cable operations.
2) Consultant services on questions of cable television legalities
and regulations, such as from FCC.
3) Potential source of cable system management if either of our companies
default on their franchise agreement.
4) Interconnections with the other cities for police, fire, library,
general government and educational functions.
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November 22, 1971
Board of Directors
Public Cable Television Authority
c/o William A. Furniss, Secretary
Director of Telecommunications
Golden West College
15744 Golden West
Huntington Beach, CA 92647
Subject: Joint Exercise of Powers Agreement creating a
Public Cable Television Authority
On October 12, the City Council of Newport Beach authorised
the execution of subject agreement. The Council also appointed
Councilman Lindeley Parsons, Councilman Milan Dostal, City
Attorney Dennis O'Neil and Administrative Assistant to the City
Manager Judy Kelsey as the Newport Beach representatives to
the proposed CATV Public Authority.
LL:dg
Laura Lagios
City Clerk
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CITY OF NEWPORT BEACH
CALIFORNIA
City Hall
3300 W. Newport Blvd.
Area Code 714 '\
673 -2110
DATE November 16, 1971
TO: FINANCE DIRECTOR
FROM: City Clerk
SUBJECT: Contract No. C-1412
Description of Contract Joint Exercise of Powers Agreement
Authorized by
Resolution No.
7541 ,
adopted on
Effective date
of Contract
November 15,
1971
October 12, 1971
Contract with Cities of Oosta Mesa, Fountain Valley, Huntington Beach
ana WeIUMMrar
Address
Amount of Contract No money involved
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Nowaber 16, 1971
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RESOLUTION NO. 7 S 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A JOINT POWERS AGREEMENT BETWEEN THE CITIES
OF NEWPORT BEACH, HUNTINGTON BEACH, FOUNTAIN
VALLEY, WESTMINSTER AND COSTA MESA, FOR THE
CREATION AND OPERATION OF A PUBLIC CABLE
TELEVISION AUTHORITY
WHEREAS, the City of Newport Beach has determined that
there is a need for an integrated Community Antenna Television
System; and
WHEREAS, there has been presented to the City Council of
the City of Newport Beach a certain proposed Agreement which would
create and provide for the operation of a "Public Cable Television
Authority "; and
WHEREAS, said Authority would be established for the
purpose of conducting research, granting franchises, acquiring,
constructing, maintaining, operating and leasing facilities for
Community Television Antenna systems, with facilities and appurte-
nances necessary or convenient therefor; and
WHEREAS, the proposed Authority will be initially
composed of representatives from the Cities of Newport Beach,
Fountain Valley, Huntington Beach, Costa Mesa and Westminster; and
WHEREAS, the City Council has considered the terms and
conditions of said Joint Powers Agreement and found them to be fair
and equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach that said Joint Powers Agreement for the
Public Cable Television Authority above described is approved, and
the Mayor and City Clerk are hereby authorized and directed to
execute the same on behalf of the City of Newport Beach.
ADOPTED this 12th day of October, 1971.
ATTEST; Mayor
City Clerk DO`N :mh
10/6/71
CAN PLANNING COMMITTEE MEETING, NOVEMBER 12, 1971
II. Election of officers
President -
Vice President -
Secretary -
Treasure.r -
Executive Committee -
III. Conditions
Councilman Parsons, Newport Beach
Councilman Coen, Huntington'Beach
Bill Firness, Golden West College
To be appointed by the Executive Com-
mittee when needed
The primary voting members or alternates
and secretary
A. Alternates and voting procedures. Alternates are empowered to
vote under the Joint Powers Agreement. Primary alternates and
then delegates - should be so appointed by each city by letter
and sent to the Joint Powers. For Newport Beach, that would
be Councilman Parsons, Councilman Dostal, then staff members.
B. Committees
1. The Legal Committee. Five City Attorneys plus School
Board Trustee Humphreys who is also County Counsel and
an expert on the education code. They are to come back
with suggestions on specialized legal services. Humphreys
of Costa Mesa will spearhead the group. An attorney
should attend all the meetings of the Board of Directors
if possible.
2. Systems performance specifications.. Not to be considered
until the job description is written. Committee members
to write the job description are Judy Kelsey, Bob Duggan,
Bob Huntley, Jim Neal, Ray Picard or Tom Severns.
3. Programming and Services and Systems Performance (above)
will be discussed later after evaluating proposals and
the model franchise is written.
C. PEP program for Secretay- treasurer, consultant or other full -time
staff responsibilities. Judy Kelsey was appointed chairman of
a committee of five to draft the job description for this position
and return with it at the next meeting, December 16,
The title of the job shall be something like Research Consultant,
Coordinator, Executive Director, Project Director (not manager),
Consultant Analyst .
271
V 21 4
By the CITY COUNCIL
CITY OF NEWPORT BEACH
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Westminster is to explore the possibility of using a part of
their city allocation under the PEP program to finance the
position. They will talk to the County. The coordinator will
be located at Golden 4Iest College facility. He will research
local franchises for the model franchise, monitor Federal
regulations, coordinate committees, collect proposals. He
should be experienced in engineering and contract writing.
The cities should investigate the level of fair share contri-
butions they are willing to give for operating expenses. If
the PEP funds do not work out, then something else will have
to be tried. Initial funding to be decided by the Council
representatives (Parsons and Dostal). Operating expenses should
be on a ratio of either population or dwelling units.
D._ Other agencies' memberships, i.e., Seal Beach. This is a policy
decision which is premature at this time and will be discussed
at the next meeting. The Educational Advisory Committee of
School Districts chaired by Bill Sandborn will research their
needs as to membership._
E. Next meeting date - December 16, 1971, at 7:00 a.m, at the Mile
Square Golf Course.
F. and G will be discussed later.
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CREATING THE PUBLIC CABLE TECEVISICN AUTHORITY
THIS AGR R4W, entered into on the effective date hereinafter set
forth, by and between the Public Agencies signatory hereto:
W I T N E S S E T H:
WHEREAS, the signatories hereto have determined that there is a need
by said agencies for an integrated Ca um ity Antenna Television System; and
WHEREAS, it has been determined by such signatories that CATV is of
value on an individual and mutual basis; and
WHEREAS, an interfaced CATV system can adequately serve the needs of
all of such signatories; and
WHEREAS, Title I, Division 7, Chapter 5 of the Government Code of the
State of California authorizes the joint exercise of any common pager by two
or more public agencies; and
WHEREAS, it is the desire of the signatories thereto to jointly re-
search and investigate the possibility of a CATV system for their mutual ad-
vantage and concern;
follows:
NOW, THEREFORE, each of the parties hereto does hereby agree, as
SECTIM 1. PURPOSE. This Agreement is made pursuant to provisions
of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the
State of California (commencing with Section 6500, hereinafter called
relating to the joint exercise of powers ca ucn to cities, as political sub -
divisions of the State of California. The cities each possessrthe pagers re-
ferred to in the recitals hereof. The purpose of this Agreement is to exercise
such powers by canducting research, granting franchises, acquiring, constructing,
maintaining, operating and leasing facilities for Community Television Antenna
systems, with facilities and appurtenances necessary or convenient therefor.
Such purpose will be accomplished, and said carman powers exercised, in the
manner hereinafter set forth and in accordance with laws of the State of
California.
SECTICN 2. TERM. This Agreement shall became effective sixty (60)
days aftersits execution by three member cities and shall continue in full
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force and effect from the effective date and shall not be terminated until
such time as all financial obligations of the Authority are satisfied, except
as provided in Section 11, "AUTOMTIC TElaMnw."
SECPION 3. AGENCY.
A. CREATION OF AGENCY. Pursuant to Section 6506 of the Act, there
is hereby created a public entity separate from the parties hereto, to be known
as the "Public Cable Television Authority" (hereinafter called the "Authority ")
and said Authority shall be a public entity separate and apart from the member
cities. Its debts, liabilities and obligations do not constitute debts, lia-
bilities and obligations of any party to the Agreement.
B. GOVE UNG BOARD. The Authority shall be administered by a
governing board consisting of one person representing each memmber city, each
person serving in their individual capacities as members of the governing board.
Each member of the board is to be appointed by the City Council of each member
city. Each member shall serve at the pleasure of the appointing authority.
Each member of the governing board shall serve a four (4) year term until re-
moved or until a successor is appointed. Such governing board shall be called
the Board of Directors. No member of the Board of Directors shall receive any
salary or compensation from the Authority.
C. MEETING OF THE GMR IING BOARD.
(1) Regular Meetings. The Board shall provide for its regular, ad-
journed regular and special meetings; provided, however, it shall hold at least
one regular meeting each year. The dates upon which, and the hour and place at
which, any such meeting shall be held shall be fixed by resolution and a copy
of such resolution shall be filed with each party hereto.
(2) Ralph M. Brown Act. All meetings of the Board, including, with-
out limitations, regular, adjourned regular and special meetings, shall be called,
noticed, held and conducted in accordance with the provisions of the Ralph M.
Broom Act (conuencing with Section 54950 of the Government Code).
(3) Minutes. The Secretary of the Board shall cause to be kept minutes
of the meetings, both regular, adjourned regular and special, and shall, as soon
as possible after each meeting, cause a copy of the minutes to be forwarded to
each member of the Board of each member city.
(4) Quorum. A majority of the Board shall constitute a quorum, for
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the transaction of business, except that less than a quorum may adjourn from
time to time.
D. OFFICERS. The officers shall be a President, Vice President
and Secretary-Treasurer. The Board shall elect its President for a one -year
term. The Board shall elect a Vice President whose term shall be the same as
that of the President. The Board shall also appoint a Secretary who may, but
need not be, a member of the Board. The Treasurer of the Board shall be the
Treasurer of one of the member cities, also appointed by the Board.
SECTIM 4. POWERS. The Authority shall have the pavers ccuron to
the member cities set forth in Section 1 of this Agreement, to wit: conducting
research, granting franchises, acquiring, constructing and leasing facilities
for Communnity Television Antenna Systems with facilities and appurtenances
necessary or convenient therefor. The Authority shall further have the power
to maintain and operate facilities which have been acquired or constructed by
the Authority and the facilities and appurtenances necessary thereto. The
Authority is hereby authorized to do all acts necessary for the exercise of said
ca[mon pavers for said purposes, including, but not limited to, any or all of
the following: to make and enter into contracts, to acquire, construct, manage,
maintain or operate any buildings, works or improvements and to acquire, hold
or dispose of property within Orange County, pursuant to this Agreement between
the parties hereto and any other public agencies; to incur debts, liabilities
or obligations required by the exercise of these powers which do not constitute
a debt, liability or obligation of the member cities, and to sue and be sued
in its own name. Said powers shall be exercised in the manner provided in said
Act and, except as expressly set forth herein, subject only to such restrictions
upon the manner of exercising such pavers as are imposed upon the cities in the
exercise of similar pavers.
SECTION 5. FISCAL YEAR. For the purposes of this Agreement, the term
"fiscal year" shall mean the period from July 1 to, and including the following
June 30.
SECTION 6. DISPOSITION OF ASSETS. At the end of the term hereof, or
upon the termination of this Agreement for any reason, the property and assets
of the Authority, if any, shall be returned to the city members in proportion
to the contributions made.
SECTION 7. PERSONNEL. The Authority shall request from the member
cities the services of such personnel to serve the Authority ex- officio as may
be necessary to carry out this Agreement and shall have power to employ tettpor-
ary professional and technical assistance for the performance of this Agreement;
provided that adequate sources of funds are assured for the payment of such
tenporary professional and technical services which are not provided by a
party hereto.
SECTICN 8. FUNDS. Subject to the prior approval of the legislative
body of each member city, the Board may establish membership fees, and receive
funds from each mmber city to effect the purposes of this Agreement. The
Treasurer of the Authority shall receive, have the custody of and disburse
Authority funds (i) pursuant to the instructions of the Board of Directors, and
(ii) shall make the disbursenents required by this Agreement. Gifts, grants,
aid or similar payments from any source other than the parties to this Agree -
ment shall be received and used by the Authority to effect the purposes of this
Agreement. For the purpose of exercising its powers and effecting the purposes
of this Agreement, the Authority may undertake any method of financing presently
authorized or which may be authorized in the future, under the provisions of the
Government Code of the State of California.
SECTION 9. ADDITICNAL MEMBERS.
A. CITIES. After the effective date of this Agreement, new member
cities may beaane members upon application, and approval of at least two-thirds
of the members of the Board.
B. ADVISORY MEMBERS - O7.M PUBLIC AGENCIES. After the effective
date of this Agreement, public agencies, other than cities in Orange County
concerned with CATV systems, may apply for advisory memberships. An advisory
member agency shall be accepted upon a majority vote of the Board of Directors.
An advisory me�er agency shall appoint a representative who
shall not have voting rights, and who shall act in an advisory capacity to the
Board, or committees appointed by the Board, to consider and prepare recommen-
dations relating to research and development of a CATV system, and the formu-
lation of a program for the organization, management and operation thereof.
SECTICN 10. WITHDRAWAL FROM MEMBEPSHIP. Any member agency may
withdraw fran the Authority, prior to the granting of any franchise, by
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presenting written notification to the Board of Directors sixty (60) days
prior to the effective date of withdrawal. Upon receipt by the Authority of
the notice of withdrawal, the withdrawing agency shall be responsible only for
the amount of its proportionate share of outstanding obligations.
SECTICN 11. AUrQMTIC TERMWION. Notwithstanding the provisions
of Section 2, "TERM", this Agreement shall autcnatically terminate, and be of
no further force and effect after five (5) years from the effective date hereof,
if, at that time, there is not in operation a CATV system franchised or operated
by the Authority, or if there are not contracts or franchises for such a system
executed by the Authority.
SECTION 12. APPROVAL BY MEMBER CITIES. The Authority shall develop
a plan for a CATV system or systems, together with any proposed franchise, con-
tract or agreement, and shall submit such proposal to each member city for
approval.
Any member city may, within sixty (60) days after receipt, notify the
Authority in writing that the legislative body of the maxber agency had deter-
mined to reject the proposal.
In the event that a member city or member cities reject the Authority
proposal, the Authority may modify the proposal and resubmit such modified
proposal to each member city for approval.
After sixty (60) days, if a member city has not rejected a proposal,
or a modified proposal, it shall be deemed approved, and the Authority may
execute the proposal, which shall be binding on all parties.
The City of Newport Beach has existing CATV franchises currently in
existence which will remain under the exclusive control of said city. However,
Newport Beach may assign the existing franchises to the Authority with the con-
sent of the franchisees. The existing Newport Beach franchises restrict assign-
ment by the franchisees without the consent of the Newport Beach City Council.
The City of Newport Beach hereby agrees to obtain Authority approval before
consenting to such an assignment.
SECTION 13. NffSCELT•ANEOUS. The section headings herein are for con-
venience only and are not to be construed as modifying or governing the language
in the section referred to.
Whenever in this Agreement any consent or approval is required the
same shall not be unreasonably withheld.
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This Agreement is made in the State of California, under the Consti-
tution and laws of such State and is to be so construed.
To preserve a reasonable degree of flexibility, many parts of this
Agreement are stated in general terms. It is understood that there will be
operating memoranda executed and amended from time to time which will further
define the rights and obligations of the parties.
SECTICN 14. SEVERABILITY. Should any part, term, or provision of
this Agreement be by the courts decided to be illegal or in conflict with any
law of the State of California, or otherwise rendered unenforceable or in-
effectual, the validity of the remaining portions of provisions shall not be
affected thereby.
SECTIM 15. SUCCESSORS. This Agreement shall be binding upon and
shall inure to the benefit of the successors of the parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to
be executed and attested by their proper officers thereunto duly authorized,
and their official seals to be hereto affixed, as of the day and year first
above written.
DATED: daj-tl � /1 ,1971
ATTEST:
APPROVED A� TO FORM:
City Clerk "(/��
_ c
J / CLVAttorney — -
DATEM �_, 1971 ` I
CITY OF FOUNTAIN VALLEY
a.=Ucipa. corporation
Mayor
ATTEST:
APPFMI AS TO FOR4:
/,City Clerk -a
City Attorney
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ATTEST:
City, Clerk
DATED: NOV 15 1911
ATTEST:
C= OF HUNTINGIC N BEACH
a municipal corporation
By
Mayor
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�CLrtuc- ✓� �a --gym -�
City ClerkV
DATED:
ATTEST:
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Twwwlf
CITY OF i OR
corporation
Mayor
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1971
CITY OF WFSININSTER
a municipal corporation
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October 19. 1971
City Councils of Huntington Beach
Fountain Valley
Costa Mesa
Subject: Joint Exercise of Powers Agreement Creating
CATV Authority.
Enclosed is Resolution No. 7541, a resolution of the City Council
of the City of Newport Beach authorising the execution of a Joint
Powers Agreement between the cities of Newport Beach, Huntington
Beach. Fountain Valley, Westminster and Costa Mesa. for the
creation and operation of a Public Cable Television Authority.
The City Council appointed Councilman Lindley Parsons, Council -
man Milan Dostal, City Attorney Dennis O'Neil and Administrative
Assistant to the City Manager Judy Kelsey as Newport Beach
representatives to the proposed CATV Authority. In that the City
of Westminster has more or less been coordinating this project.
they will be preparing the final document to be executed by all member
cities.
Laws Lagios
City Clerk
LL:dg
Encl.
cc: City Manager
City Attorney
City of Westminster
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CITY OF NEWPORT BEACH
CALIFORNIA
October 14, 1971
Paul Morgan, City Attorney
City of Westminster
301 West La TiabYa Boulevard
Westminster, California
Ret Joint Exercise of Powers Agreement
creating CATV Authority
De a=` :Paul t
Enclosed herein please find a copy of the subject-joint
Powers agreement and a resolution authorizing the Mayor to
execute said agreement on behalf of` the City of Newport
Beach, which was adopted at the City Council meeting of
October 12, 1971. Mayor Birth appointed Councilman Lindsley
Parsons, Councilman Milan Dostal, as well as Judy Kelsey,
Administrative Assistant to the City Manager, and myself as
representatives from Newport Beach to the proposed CATV
Authority.
I understand that the city councils of the four other member
cities will be considering approval. of the joint powers
agreement some time this month. in that the City of
Westminster has more or less been coordinating this project,
it is suggested that you prepare the final document to be
executed by all member cities.
We will be glad to assist you in arty way we can.
DO'N:mh
Encl.
CC: City Clerk le;w_
Yours very truly,
DENNIS O'NEIL
City Attorney
Subject: Joint Powers Agreement - Cable Television
The City Council of Huntington Beach, at its regular
meeting held Monday, October 18, 1971, approved the
Joint Powers Agreement for Cable Television, amended to
include the changes requested by the City of Newport
Beach.
Enclosed are the original and four copies of this agree-
ment as amended, for execution by the City of Newport
Beach and final distribution of copies to all cities
involved.
Sincerely yours,
Paul C. J es
City Clerk
PCJ:aw
Enc.
JAMES R. WHEELER
Director of Public Works
EARLE ROBITAILLE
Police Chief
OLLIN C. CLEVELAND KENNETH A. REYNOLDS
Building Director Planning Director
VINCENT G. MOORHOUSE
FRANK B. ARGUELLO RAYMOND PICARD Director Harbors, WALTER W. JOHNSON NORMAN L. WORTHY
Finance Director Fire Chief Beaches & Development Library Director Recreation & Parks Director
0
1
A,j
City of Huntington
Beach
° °AdmitsO =Ve
Officer
BRANDER D. CASTLE
P.O. BOX 190 CALIFORNIA 92646
stant
Assistant
Assi
Administrator
November 1 1971
DON P. BONFA
City Attorney
WARREN G. HALL
MAYOR
Treasurer
George C. McCracken
PAUL C. JONES
COUNCILMEN
NOV 8 1971
City Clerk
Jerry A. Matney
Ted W. Bartlett
Alvin M. Coen
By the CITY COUNCIL.
Norma Brandel Gibbs
Jack Green
CITY OF NGwPORT BEACH
Donald D. Shipley
�Y
rF
City Council
City of Newport Beach
,
3300 Newport Blvd.
Newport Beach, CA 92660
Attention: Laura Lagios
City Clerk
Gentlemen:
Subject: Joint Powers Agreement - Cable Television
The City Council of Huntington Beach, at its regular
meeting held Monday, October 18, 1971, approved the
Joint Powers Agreement for Cable Television, amended to
include the changes requested by the City of Newport
Beach.
Enclosed are the original and four copies of this agree-
ment as amended, for execution by the City of Newport
Beach and final distribution of copies to all cities
involved.
Sincerely yours,
Paul C. J es
City Clerk
PCJ:aw
Enc.
JAMES R. WHEELER
Director of Public Works
EARLE ROBITAILLE
Police Chief
OLLIN C. CLEVELAND KENNETH A. REYNOLDS
Building Director Planning Director
VINCENT G. MOORHOUSE
FRANK B. ARGUELLO RAYMOND PICARD Director Harbors, WALTER W. JOHNSON NORMAN L. WORTHY
Finance Director Fire Chief Beaches & Development Library Director Recreation & Parks Director
F COSTA MESA, ;MUFO
6 '
diii i �4s��'Y!�ee1a ➢� "! -. wv.,4 �..$:s ".-�. .q �w
CIVIC CENTER
OCT 26 1971 8200 WESTMINSTER AVENUE
WESTMINSTER, CALIFORNIA 92683
By the CITY COUNCIL 714 CODE 893 -4511
CITY OF topwopoRT uACH October 15, 1971
C,
U
City Council
City of Costa P_esa
P. O. Box 1200
Costa Fiesa, California
Attention City Clerk
Gentlemen:
92626 �.
i
lam;
Subject: Joint Powers Agreement - Cable Television
The City Council, at its regular meeting of .October 12,
1971, approved the Joint Powers Agreement for Cable
Television,. amended to include the changes requested
by the City of Newport Beach.
We are enclosing the original and four copies of this
agreement as amended. Please sign all five documents and
send them to the City of Fountain Valley for signatures.
After these five copies of the agreement have been
signed by all five cities, you will receive a fully
executed copy for your files.
Sincerely yours,
CITY OF WESTMINSTER
Katharine C. Harper
City Clerk
KCH:o
Enclosures (5)
cc: City of Fountain Valley
City of Huntington Beach
City of Newport Beach ✓ FOR YOUR INFORMATION
cc: Bill Furniss
Tele - Communications
Goldenwest College
15744 Goldenwest Street
Huntington Beach, California '92647
• 0
RESOLUTION NO. 7 5 41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AUTHORIZING THE EXECUTION OF
A JOINT POWERS AGREEMENT BETWEEN THE CITIES
OF NEWPORT BEACH, HUNTINGTON BEACH, FOUNTAIN
VALLEY, WESTMINSTER AND COSTA MESA, FOR THE
CREATION AND OPERATION OF A PUBLIC CABLE
TELEVISION AUTHORITY
WHEREAS, the City of Newport Beach has determined that
there is a need for an integrated Community Antenna Television
System; and
WHEREAS, there has been presented to the City Council of
the City of Newport Beach a certain proposed Agreement which would
create and provide for the operation of a "Public Cable Television
Authority "; and
WHEREAS, said Authority would be established for the
purpose of conducting research, granting franchises, acquiring,
constructing, maintaining, operating and leasing facilities for
Community Television Antenna systems, with facilities and appurte-
nances necessary or convenient therefor; and
WHEREAS, the proposed Authority will be initially
composed of representatives from the Cities of Newport Beach,
Fountain Valley, Huntington Beach, Costa Mesa and Westminster; and
WHEREAS, the City Council has considered the terms and
conditions of said Joint Powers Agreement and found them to be fair
and equitable;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Newport Beach that said Joint Powers Agreement for the
Public Cable Television Authority above described is approved, and
the Mayor and City Clerk are hereby authorized and directed to
execute the same on behalf of the City of Newport Beach.
ADOPTED this 12th day of October, 1971.
ATTEST: Mayor
City Clerk DO'N:mh
10/6/71
0 •
CITY OF FOUNTAIN VALLEY
CALIFORNIA 92706
CITY HALL (714) 962 -2424
October 11, 1971 OCT 2 F 1971
By fhe CITY COUNCIL
CITY OF NEWPORT BEACH
City of Newport Beach
3300 Newport Boulevard
Newport Beach, California
Subject: CATV Joint Powers Agreement
Dear Sirs:
The City Council, at its meeting on October 5, 1971, adopted Resolution
No. 7000 "Approving a Joint Exercise of Powers Agreement Creating the
Public Cable Television Authority." We are enclosing a signed copy of
the resolution.
Very truly yours,
C OF FOUNTAIN VALLEY
(T '`,
Mary E. Cole
City Clerk
MEC: eg
Enclosure 1
T7' ?)
RESOLUTION NO. 7000
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF FOUNTAIN VALLEY APPROVING A
JOINT EXERCISE OF POWERS AGREEMENT
CREATING THE PUBLIC CABLE TELEVISION
AUTHORITY.
WHEREAS, there is no CATV franchise in operation
within the city.of Fountain Valley; and
WHEREAS, the City Council has determined that the
residents of Fountain Valley would receive many benefits by
having CATV facilities available for use; and
WHEREAS, the City of Fountain Valley has reviewed
several proposals to award a CATV franchise within the City
of Fountain Valley; and
S
WHEREAS, the cities of Costa Mesa, Newport Beach,
Huntington Beach and Westminster, propose a Joint Powers
Agreement with the City of Fountain Valley to form a CATV Authority
to collectively serve all five cities; and
WHEREAS, the City Council determined that numerous
advantages will accrue to the City and its residents through
the Joint Powers Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the City Council
approves the Joint Powers Agreement creating the Public Cable
Television Authority and the Mayor and City Clerk are authorized
to execute the necessary documents to effect the agreement.
PASSED and ADOPTED at a regular meeting of the
City Council this 5th day of October , 1971.
Edward E. Just, ayor
ATTEST:
Mar Cole; City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF FOUNTAIN VALLEY)
I, MARY E. COLE, City Clerk of the City of Fountain Valley, do hereby certify
that the foregoing Resolution was regularly introduced to said Council at its
meeting held on the 5th day of October 1971, and was at said meeting regularly
passed and adopted by the following vote:
AYES: COUNCILMEN: Harper, Hollinden, Just, Shenkman, Scott
NAYES: COUNCILPfEN: None
A13SENT: COUNCILMEN: None
City Cl
• t
CITY OF NEWPORT BEACH
OFFICE OF THE CITY MANAGER
August 23, 1971
Study Session No. 7
TO: MAYOR AND CITY COUNCIL
FROM: City Manager
SUBJECT: COMMUNITY ANTENNA TELEVISION JOINT POWERS AGREEMENT
RECONI ENDATION:
Endorse the City's participation in the Joint Powers. Agreement for
the "Public Cable Television Authority" and direct the Acting City Attorney to
coordinate the final wording of the agreement with the attorneys from the other
participating cities.
DISCUSSION:
During the study session of June 14, 1971, the status of the Ad hoc
CATV Planning Committee was reviewed. Council indicated its support for the
City's continued participation in the Committee's activities. At that time it
was mentioned that the Committee wanted to formulize its efforts by the creation
of a Public Cable Television Authority (PCTV) through a Joint Powers Agreement
(attached).
The Councils of Westminster, Costa Mesa, and Fountain Valley have
already endorsed their city's participation in the Joint Powers Agreement,
Huntington Beach is still analyzing it.
This year a bill was introduced in the State Legislature which would
have vested the CATV franchise power of cities in the Public Utilities Commission.
This bill was tabled, A Joint Powers Agreement would provide an avenue whereby
the cities can secure their CATV regulation powers in a joint powers authority
if such a bill should ever be reintroduced and passed.
The additional benefits which could be gained from the Joint Powers
arrangements are:
1) Multi -city development of CATV to achieve a more effective com-
munications system for public, educational, police and fire services.
2) Provision of options for adjoining city services with neighbor
cities for communication purposes.
3) Development of specific performance requirements by the joint
cities to insure proper installation of state -of- the -art equipment instead of
leaving the technical capabilities up to the discretion of the franchise appli-
cants.
• •
- 2 -
The Ad hoc CATV Planning Committee has drafted a Joint.Powers Agree-
ment for a "Public Cable Television Authority" (PCTA)...to.further study and make
recommendations on CATV franchises, rules and regulations. The City of Newport
Beach would benefit from this agreement since it would provide the City with
another avenue for upgrading its CATV requirements. The current CATV operations
would then have to (1) meet increasing technological standards and (2) provide
communication links with the other CATV systems.
In addition to conducting research, the Joint Powers..Agreement.allows
the PCTV to grant franchises, acquire, construct, maintain,.operate or lease
CATV systems. Although these powers seem extensive, before the authority can
proceed with any proposed franchise, contract or agreement, it must first be
reviewed and approved by the member cities. However, at this time, it is not
contemplated that the PCTA would use these powers or be involved in the actual
franchising or managing of CATV companies. It is designed to be a research and
advisory body to the member cities. There appear to be adequate safeguards in
the agreement to allow the City to review any formal action of the Authority
prior to its execution.
The Acting City Attorney.has also added a.clause.to the agreement
which insures the City's right and control over existing.or future CATV franchises
the City has granted or may wish to grant.
If membership fees are ever required, they must.first be.approved
by each of the City Councils involved. It is.anticipated that these fees would
be minimal.
Considering the potential.benefits to the City of the CATV joint study
effort and the adequate safeguards outlined in the Joint Powers agreement, it is
recommended that the City Council endorse the City's participation in the Public
Cable Television Authority and authorize the Acting City Attorney to coordinate
the final wording of the agreement with the City Attorneys from the other partici-
pating cities.
ROB
RLW /JLK:pg
Attachment
a W%ti`
WYNN
• Jul), 2, 1971
JC, :if L,u RC16t. ur r.,.v Lt:J HI�nLLI.4.ly 1'
CREATING THE PUBLIC CABLE TELEVISION AUTHORITY
THIS AGREEMENT, entered into on the effective date hereinafter
set forth, by and between the Public Agencies signatory hereto:
W I T N E S S E T H:
WHEREAS, the signatories hereto have determined that there is a need
by said agencies `'for an integrated Community Antenna Television System; and
WHEREAS,tit has been determined by such signatories that C.A.T.V. is
of value on an individual and mutual basis; and
WHEREAS, an interfaced C.A.T.V. system can adequately serve the
needs of all-of such signatories; and
WHEREAS, Title I, Division 7, Chapter 5 of the Government Code of
the State of California authorizes the joint exercise of any common power by
two or more public agencies; and
WHEREAS, it is the desire of the signatories thereto to jointly
research and investigate the possibility of a C.A.T.V. system for their mutual
advantage and concern;
NOW, THEREFORE, each of the parties hereto does hereby agree, as
follows:
SECTION 1. PURPOSE. This Agreement is made pursuant to provisions
of Article 1, Chapter 5, Division 7, Title 1 of the Government Code of the
State of California (commencing with Section 6500, hereinafter called "Act ")
relating to the joint exercise of powers common to cities, as political sub-
divisions of the State of California. The cities each possess the powers re-
ferred to in the recitals hereof. The purpose of this Agreement is to exercise
such powers by conducting research, granting franchises, acquiring, constructing,
maintaining, operating and leasing facilities for Community Television Antenna
systems, with facilities and appurtenances necessary or convenient therefor.
Such purpose will be accomplished, and said common powers exercised, in the
manner hereinafter set forth.
j�> i
A
SECTION 2. TEiUM
This Agreement shall become effective sixty (60)
days after its execution by three member cities and shall cont!Ae in full
force and effect from the effective date and shall not be terminated until
such time as all fihancial obligations of the Authority are satisfied, except
as provided in Section 11, "AUTOMATIC TE RIMINATIGN."
SECTION 3. AGENCY.
A. CREATION OF AGENCY. Pursuant to Section 6506 of the Act, there
is hereby created a public entity separate from the parties hereto, to be known
as the "Public Cable Television Authority" (hereinafter called the "Authority ")
and said Authority shall be a public entity separate and apart from the member
cities. Its debts, liabilities and obligations do not constitute debts, lia-
bilities and obligations of any party to the Agreement.
B. GOVEPUMING BOARD. The authority shall be administrered by a
governing board consisting of one person representing each member city, each
person serving in their individual capacities as members of the governing board.
Each member of the board is to be appointed by the City Council of each member
city. Each member shall serve at the pleasure of the appointing authority.
Each member of the governing board shall serve a four(4) year term until re-
moved or until a successor is appointed. Such governing board shall be called
the Board of Directors. No member of the Board of Directors shall receive any
salary or compensation from the Authority.
C. MEETING OF THE GOVERNING BOAF.D.
(1) Regular Meetinas. The Board.shall provide for its regular, ad-
journed regular and special meetings; provided, however, it shall hold at least
one regular meeting each year. The dates upon which, and the hour and place at
which, any such meeting shall be held shall be fixed by resolution and a copy
of such resolution shall be filed with each party hereto.
(2) Ralph M. Brown Act. All meetings of the board, including, with-
out limitations, regular, adjourned regular and special meetings, shall be called,
noticed, held and conducted in accordance with the provisions of the Ralph M,
Brown Act (commencing wit% Section 54950 of the Government Code) .
(3) Minutes. The Secretary of the Board shall cause to : :;.. - ,inutes
of the meetings, both regular, adjourned regular and special, and e... o.n
�7
as possible after each meeting, cause a copy of the minutes to be forwarded
to each member of the Board and to each member city.
�4) Quorum. A majority of the Board shall constitute a quorum, for
the transaction of,business, except that less than a quorum may adjourn from
time to time.
D. OFFICERS. The officers shall be a President, Vice President
and Secretary- Treasurer. The Board shall elect its president for a one -year
term. The Board shall elect a Vice President whose term shall be the same as
that of the President. The Board shall also appoint a Secretary who may, but
need not be, a member of the Board. The Treasurer of the Board shall be the
Trearurer of one of the member cities, also appointed by the Board.
SECTION 4. POWERS. The Authority shall have the powers common to
the member cities set forth in Section 1 of this Agreement, to wit: conducting
research, granting franchises, acquiring, constructing and leasing facilities
for Community Television Antenna Systems with facilities and appurtenances
necessary or convenient therefor. The Authority shall further have the power
to maintain and operate facilities which have been acquired or constructed by
the Authority and the facilities and appurtenances necessary '- hereto. The
Authority is hereby authorized to do all acts necessary for the exercise of said
common powers for said purposes, including., but not limited to, any or all of
the following: to make and enter into contracts, to acquire, construct, manage,
maintain or operate any buildings, works or improvements and to acquire, hold
or dispose of property within Orange County, pursuant to this Agreement between
the parties hereto and any other public agencies; to incur debts, liabilities
or obligations required by the exercise of these pavers which do not constitute
a debt, liability or obligation of the member cities, and to sue and be sued
in its own name. Said powers shall be exercised in the runner provided in said
Act and, except as ex_rressly set forth herein, subject only to such restrictions
upon the manner of exercising such powers as are imposed upon the cities ir; the
exercise of similar powers.
SECTION S. FISCAL YEAR. For the purposes of this Agreement, th', term
"fiscal year" shall mean the period from July 1 to, and including, the following
June 30.
SECTION 6. DISPOSiTICN OF'i,7SETS
•
At the end of the term hereof, or
upon eariiel �:..i.:.�.IIu �i�ii, Uf Luis hgree,uent as seL Tortn In Jeciaon 1 hereor,
the proper �y and assets of the Authority, if any, shall be returned to the
parties in proportion to the contributions made.
SECTION 7. PERSONNEL. The Authority shall request from the member
cities the services of such personnel to serve the Authority ex- officio as may
be necessary to carry out this Agreement and shall have power to employ tempor-
ary professional and technical assistance for the performance.of this Agreement;
provided that adequate sources of funds are assured for the payment of such
temporary professional and technical services which are not provided by a
party hereto.
SECTION 8. FUNDS. Subject to the prior approval of the legislative
body of each member city, the Board may establish membership fees, and receive
funds from each member city to effect the purposes of this Agreement. The
Treasurer of the Authority shall receive, have the custody of and disburse
Authority funds (i) pursuant to the instructions of the Board of Directors, and
(ii.) shall make the disbursements required by this Agreement. Gifts, grants,
aid or similar payments from any source other than the parties to this Agree-
ment shall be received and used by the Authority to effect the purposes of this
Agreement. For the purpose of exercising its powers and effecting the purposes
of this Agreement, the Authority may undertake any method of financing presently
authorizing or which may be authorized in the future, under the provisions of
the Government Code of the State of California.
SECTION 9. ADDITIONAL 7_'6L3EPS.
A. CITIES. After the effective date of this Agreement, new member
cities may become members upon application, and approval of at least two - thirds
of the members of the Board.
B. . ADVISORY - OTHER PUBLIC AGENCIES. -After the effective
date of this Agreement, other public agencies in Orange County concerned with
C.A.T.V. Systems, may apply for advisory memberships. An advisory me:aber agency
shall be accepted upon a ,majority vote of the Board of Directors.
An advisor,✓ member agency shall appoint a representative who
shall not have voting rights, and who shall act in an advisory capacity to the
Board, or committees appointed by the Board, to consider and prepare
recorm2ndations relating to research and development of a CATV System,
and the formulation of a program for the organization, management
and operation thereof.
S ,CTIOa 10. 111THWI -7 7AL rRO." E=;B STHIP. Any member agency
may with?saw from the Authority by presenting written notification to
the Board of Directors sixty (60) days prior to the effective date of
withdrawal. Upon withdrawal, the withdrawing agency shall be respon-
sible only for the ar:.ount of its commitment then in effect.
SECTION 11. ATUTOP :N.TIC TEPIMNATION. Notwithstanding the
provisions of Section 2, "TFPbi ", this Agreement shall automatically
terminate, and be of no further force and effect after five (5) years
from the effective date hereof_, if, at that time, there is not in cpera-
tion a CATV System franchised or operated by the Authority, or if
there are not contracts or franchises for such a system executed by
the Authority.
SECTION 12. APPROVAL SY MIn MR CITIES. The Authority
shall develop a pleat for a CATV system or systems, together with any
proposed franchise, contract or agreement, and shall submit such
proposal to each member city for review.
Any member city may, within sixty (60) days after receipt,
notify the :Authority in writing that the legislative body of the mom-
ber agency has determined to reject the proposal.
In the event that a member city or member cities reject the
Authority proposal, the Authority may'r;:odify the proposal and resubmit
such modified proposal to each member city for review, or may, alter-
natively, develop a proposal to include'only those member cities willing
to participate.
After sixty (60) days, if a member city has not rejected
a proposal, or a modified proposal., the Authority may execute the
which shall he binding on all parties.
F.cm.bor cities may initiate the granting of a franchise
'Phis A: reer•.:ent c-:i11 not be binding upon those C,\17V
i'tle d_7te of ol.ecutJnn of Agree:-,;amt,
SECTION 13, <ISCEr „'A; O S. The section headings herein
are for convenience only and are not to be construed as modifying
or governing the language in the section referred to.
Whenever in this Agreement any consent or approval is
required the
IL
-4.�,-
l
i
same shall not be unreasonably withheld.
This Agreement is made in the State of California, under the Consti-
tution and laws of such State and is to be so construed.
To preserve a reasonable degree:•of flexibility, many parts of this
Agreement are stated in general terms. It is understood that there will be
operating memoranda executed and amended from time to time which will further
define the rights and obligations of the parties.
SECTION 14. SEVERABILITY. Should any part, term, or provisions of
this Agreement be by the courts decided to be illegal or, in conflict with any
law of the State of California, or otherwise rendered unenforceable or in-
effectual, the validity of the remaining portions or provisions shall not be
affected thereby.
.SECTION 15. SUCCESSORS. This Agreement shall be binding upon and
shall inure to the benefit of the successors of the parties.
IN WITNESS WEEREOF, the parties hereto have caused this Agreement to
be executed and attested by their proper officers thereunto duly authorized, and
their official seals to be hereto affixed, as of the day and year first above
written.
I
•
CITY OF-NEWPORT BEACH
OFFICE OF.THE CITY.MANAGER
June 14, 1971
Study - Session
TO: MAYOR..AND COUNCIL Agenda Item 4
FROM: Acting City Manager
SUBJECT: CABLE ANTENNA TELEVISION (CATV)
RECOMMENDATION:
Notify the Ad hoc CATV Planning Committee of the City!s.intent to
continue to participate in its activities.
DISCUSSION:
Councilman Parsons and Miss..Kelsey of our office have been participat-
ing in an Ad hoc CATV Planning Committee. This.committee was comprised of repre-
sentatives from the Cities of Costa Mesa, Newport Beach,.Westminster, Huntington
Beach, Fountain Valley, the Newport-Mesa-Unified School District.and the Coast Com-
munity College District. The objectives of the committee are..to..study, share and
evaluate areas of mutual communications needs and examine different types of CATV
franchise agreements.
The committee has investigated the..benefits and technical considerations
of cable antenna television systems. The committee is proceeding to study and
establish guidelines for use by the governing bodies of the participating cities
in the preparation of CATV franchises...Although Newport Beach.has already.granted
CATV franchises, the City can still benefit from-the guidelines. .The City Council
has adopted Resolution 6495, "Rules and Regulations Governing .the.Operation of
Community Antenna Television Systems Within the City," which can.be.amended to
update the CATV requirements in Newport Beach.
Community Antenna Television (CATV) Systems
A CATV system is usually composed.of three basic parts:
1) A master antenna located on high ground where reception of "off -
the -air" television signals is good.
2) A "head -end" where the signals are - filtered, translated and - amplified
for retransmission to the coaxial cable distribution system.
3) A coaxial cable distribution system which may be-capable of carrying
five, twelve, twenty, and even more video channels to the television receivers of
individual subscribers.
Coaxial cable can do a great many things besides carry television and
radio programming to CATV subscribers. It can also be.utilized to.carry telegraphic
traffic, fire alarm, and data communications. Such cable services as..newspapers
and magazines which are printed in the home and at -home shopping by television
are presently in the planning stage.
• •
- 2 -
A careful distinction must be made between duplex.and simplex coaxial
cable distribution systems. A simplex system carries. - signals in one - direction
only. Thus, it can be used to carry conventional television broadcasts, FM
radio broadcasts, and other "one -way" communications such as telegraphic traffic.
The cable systems in Newport Beach are of.this type.
A duplex coaxial cable system can carry signals -in two - directions. It
might thus be used for such purposes as closed- circuit television conferences among
city officials, training for employees at scattered locations, the..transmission
of signals between computers, an improved form of low -power mobile radio.service,
monitor fire and burglar alarms and many. other. services.
A cable television system with 25 to 40 channels provides.the.potential
for diversified and two -way (duplex) use of these channels. With this greater
amount of "air" time, it is possible to cater to the needs of specialized commun-
ities and groups. A channel can be.set aside for children, teenagers,-and other
special audiences. Channels would be available..for special purposes such as a
job data bank, up -to- the - minute weather reports, facsimile newspaper,-.vocational
training and university courses, and local events.
It can also provide dedicated channels to public.service. City govern-
ment can require dedicated channels for communications between fire.stations,
police stations, and other public buildings, or even other cities. .With -two -way
channels, closed circuit television conferences among city officials, show -ups
of prisoners, joint training of employees, data channels for computers and other
communications are possible. A dedicated channel for schools would allow simultan-
eous showing of programs to all schools and timely programming of class lessons.
Although duplex services are rarely offered at this time,.the pro-
vision of such services over a conventional CATV.system.is within the capabil-
ities of existing tchnology. Adver.tisin _A e ro reported recently that a 40- channel
duplex cable system is being planne or A on,.Ohio. The first.homes.should
be wired for service by the end of the year.
A duplex system requires higher investment costs than.a_simplex.system
and, hence, may be less profitable in its early years of.operation. It is
usually possible.to convert a simplex system to carry some types..of two -way
traffic after its initial installation.. The technicalities-of.-accomplishing
this are being studied by the CATV Committee.
Private operators of CATV companies do not always examine all relevant
technical alternatives prior to applying for a CATV franchise. The companies
may not be in a good position to judge what kind.of system.is most suitable for
a city's long -term needs. Therefore, municipal officials must.continually review
all relevant technical options to insure the satisfaction_ of the cities' CATV
needs. The Ad hoc CATV Committee will assist the cities in.carrying out this
responsibility.
Following is a graphic presentation of.the.services CATV..Systems can
technically provide. However, not all of these are economically.possible..at this time.
0
- 2-A -
SOME NMFIMAI. COPO'iAL (.;A!.LF SYSTEM, SERMCES
Si?APLLX SEPVICES
DUPLrX SERVICLS
0.154 MHz
Voice
Data
Public
(Banking
Low 73: ,rcr j
SUENeil.
&
Safety
Services
Mobil,
lance & i
Video
(oolice
Gallia
"I"Xic I
&. fire)
Fys;erliz
Control 1
(10cw
di5tnbu-
tion)
TV Broadcast
Instruc-
Local
Fii,c
5488 MHz
Channels
tional TV
C.v nts
Alarms &
(ITV)
Leased
Telegraph
Circuits
FM Radio
83.108 t,'.Hz
—
—
TV Broadcast
ITV
Loni
Fire
108-2C0 14P.2
—
—
Events
Alarms &
Leased
Telegraph
Circuits
Other
Voice
DDIa
Mcier
Services
Services
&
vi'lleo
Void;
ftcadirl
- 3 - 0
Newport Beach.Community Antenna Television.(CBTV.)._Systems
The City of Newport Beach has granted two non-exclusive-franchises for
CATV operations within the City. The franchise issued to Warner... Brothers in
1966 is presently held by Teleprompter.Corporation. .The.other franchise was given
to Community Cablevision Company, a.division of The Irvine Company.
The Teleprompter Corporation.is franchised.to.serve the greater.portion
of Newport Beach. The company has-two coaxial.cables laid..in West.Newport, along
Coast Highway, Newport Heights, Harbor.Highlands and the.Corona.del Mar.area.
The company is franchised to also provide.service on the peninsula,.Lido Isle
and Balboa Island, Two cables have been laid.underground _ in.the.areas serviced.
There are twenty color video channels available besides-FM-service—It is a
simplex system with transmissions in one direction only originating from the
studio's head -end.
Teleprompter has studio facilities.for..program origination,.and currently
has one channel dedicated to local.programming.
The Irvine CATV system is also underground and serves.the.residential
developments on the Irvine Ranch northeast of Jamboree Road and.Fifth Avenue.
The system carries twelve full color.channel plus FM channels.on..one.cable. It
too is a simplex (one -way) system. ..The company.also has_a.program origination
studio.
Possible Deficiencies in the Two Systems
These two.companies have guaranteed.no.- charge. "drop- connections ".into
all public buildings as designated by the City:PQanager...Basically this.is a
connection between the public building and the cable system.....There..are.no guar-
antees of a dedicated channel for city.or school use. The City.has.no.trans-
mission capabilities. It can only.receive.those.channels and programs normally
provided by the companies.
There are no connection points between ..the.two.cable.companies.. They
do not share services. A program originating. in .Newport.Beach.by.Teleprompter
cannot be seen in the Irvine area, and vice..versa.. However, the-new-fire-station
at the Newport Center is located in.a. position .to_provide..a.common.point of con-
nection. The companies have indicated.a.willingness.to investigate..the.possibil-
ities of making this connection.
The current.systems are one -way cable systems...None..of_the.channels
provide for transmissions back to the-station—All the.programs_generate.from
the head -end. If two fire stations had-drops, they could not.'.'talk-to each
other." Each station would just receive.programs originating.from the-head-end
or studio. With additional amplification,.modulation and.head- end.transmission
equipment there is a.possibility of providing some two- way.transmission.services
on the present cable. This two-way-transmission would probably be.limited.to voice
or data communication. However, the equipment is expensive and the engineering is
approaching the state -of- the -art. .At some time.in the.future,.it may.be..practical
to demand this type public service, especially.if.it would.provide..video and
data communications with other cities for police, school, fire.and.other.public
services.
-4-
Development.of.a.Joint Powers Agreement
Senate Bill 190 regulating CATV, has. been. introduced.by_Senator..Dymally.
Although it temporarily has been tabled, the bill,.if passed,_would.take away
the present authority of cities to grant community.antenna..television franchises
and provide for the regulation of CATV companies by the State.Public.Utilities
Commission (PUC). The City Council is opposing this bill...Senator Carpenter has
been so notified by letter on May 24.
The Ad hoc CATV Committee has.concluded that some.form of Joint-Powers
agreement should be established to allow the.coumittee.to_ continue to study the
CATV issue while protecting the cities associated in.the study from.the.possible
ramifications of bills like Senate Bill 190...A "Joint Powers "..agreement would
provide an avenue whereby the cities can secure.their CATV_regulation.powers in
a joint powers authority instead of-losing control to.the PUC.
The additional benefits which could be.gained from the Joint.Powers
arrangement are:
1) Multi -city development of CATV to achieve a more. effective. coumamica-
tions system for public, educational, police.and fire-services.
2) Provision of options for adjoining city services.with_neighbor.cities
for communication purposes. This ability could be lost if city. governments act
independently in granting franchises.
3) Development of Tecific performance .requirements...by.the joint. cities to
insure proper installation of state -of- the- art:equipment.instead_of_ leaving the
technical capabiltiies up to the discretion .of..the.franchise.applicants.
The Ad hoc CATV Planning Committee.is presently.drafting _ a.Joint Powers
agreement for a "Public Cable Television.Authority" (PCTA)-to further study and
make recommendations on CATV franchises, rules and regulations. The City of -Newport
Beach would benefit from this agreement since.it would provide.the City with
another avenue for upgrading its CATV.requirements. The current.CATV_ operations
would then have to.(1) meet increasing. technological .standards.and.(2)_provide
communication links with the other.CATV.systems.
At this time, it is not contemplated that the PCTA.would.be..involved
in the actual franchising of CATV companies. The PCTA is designed to be advis-
ory; however, ifrecessary, this could.be altered at the direction-of the.Board
of Directors,.which is comprised of-member city officials. The Board members
would not receive any compensation. The only costs associated with the PCTA
would be nominal to cover such expenses as possible consultant engineering
services for technical specifications.
When the Joint Powers Agreement draft.is completed,.it.will.be sent to
all of the participating d ties for adoption.. At that time the legal.and fiscal
ramifications can be evaluated by the staff prior to Council action. Presently,
the City Council should indicate to the Ad hoc CATV Planning.Committee the.City's
interest in continuing to participate in the Committee's study.
PFB /JLK:pg PHILIP., ..BETTENCCURT