HomeMy WebLinkAbout07 - Ad Hoc Telecommunications CommitteeCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 7
June 8, 2004
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Manager's Office
Dave Kiff, Assistant City Manager
949/644 -3002 or dkiff @city.newport- beach.ca.us
SUBJECT: Resolution 2004 - Ad Hoc Telecommunications Committee: Extension of
Term
ISSUE:
Should the City Council extend the term of the Ad Hoc Telecommunications Committee to June
30,2005?
RECOMMENDATION:
Adopt Resolution 2004 extending the term of the Ad Hoc Telecommunications Committee to
June 30, 2005.
DISCUSSION:
Background:
In 2000, the City Council created the Ad Hoc Telecommunications Committee and asked it to
address the following tasks:
1. Updating the City's Cable TV Ordinance and considering the development of a separate
Wireless Telecommunications Facilities Ordinance;
2. The Development of a Community Needs Assessment;
3. The dissemination of appropriate information about the City's regulatory role regarding cable
N and telecommunications.
4. The adoption of a City Council policy regarding the manner in which the City reviews and
approves requests for telecommunications infrastructure easements on City property.
Later, the Committee added franchise renewal discussions and negotiations (Task #5) with the
community's two cable television providers (Cox and Adelphia). The Committee also worked
with City staff to develop a Public Right of Way Ordinance (Task #6), which had its first reading
at City Council on May 25, 2004.
Extension of Term - Telecom Committee
June 8, 2004
Page 2
Task #1, Task #2, Task #3, and Task #4 are complete. Task #5 is actively underway, and
should be done by Fall 2004. As noted, Task #6 is addressed except for staff's commitment to
develop amending language that specifically addresses the unique circumstances of wireless
telecommunications carriers' use of the public rights -of -way.
The Resolution (Resolution 2000 -97) adopting the Ad Hoc Telecommunications Committee said
that the Committee's term would expire in "two years or three months after the City Council's
approval of new Cable Television Franchise Agreements (estimated to be April 2002),
whichever comes first."
April 2002 came and went. The Franchise Agreements were extended several times - they
currently expire in July 2004. The Committee needs to be extended to June 30, 2005 to ensure
that the Franchise Agreements - once complete - are effectively administered and that any
remaining issues (such as wireless telecommunications carriers' use of the public right of way)
are addressed.
Committee Action: None
Environmental Review: The City Council's approval of this Agenda Item does not require
environmental review.
Public Notice: This agenda item may be noticed according to the Ralph M. Brown Act (72 hours
in advance of the public meeting at which the City Council considers the item).
Funding Availability: Not applicable.
Submitted by:
C, k1A
Dave Ki
Assistant City Manager
Attachments: Resolution 2000 -
Resolution 2004 -_
Amended Text of Ad Hoc Telecom Committee for Boards, Commissions, and
Committees binder.
•
Attachment A
RESOLUTION NO. 2000 -97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
RELATING TO THE FORMATION OF AN
AD HOC TELECOMMUNICATIONS COMMITTEE
WHEREAS, the City of Newport Beach holds two separate non - exclusive franchise
agreements with its community cable television providers, Comcast /Adelphia and Cox
Communications; and
WHEREAS, these Agreements both expire in January 2002; and
WHEREAS, the City is obligated to prepare for the expiration of these Agreements
by conducting a Community Needs Assessment which identifies and articulates those
aspects of community cable television service that the community desires; and
WHEREAS, the City is also home to residents and business owners who desire a
• wide variety of telecommunications services, including high -speed data, voice, video,
and wireless Internet; and
WHEREAS, telecommunications providers have sought permission from the City to
use City-owned facilities for telecommunications transmission (antenna) sites; now,
therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby forms
the Ad Hoc Telecommunications Committee to address the following issues and have
the following term and membership:
ISSUES TO ADDRESS:
• An Update of the City's Cable TV Ordinance and the possible development of a
separate Telecommunications Ordinance;
• The Development of a Community Needs Assessment;
• The dissemination of appropriate information about the City's regulatory role
regarding cable TV and telecommunications.
• The adoption of a City Council policy regarding the manner in which the City reviews
• and approves requests for telecommunications infrastructure easements.
• TERM:
The term of the Ad Hoc Telecommunications Committee shall be two years from
the date of this resolution's adoption OR the Committee shall terminate three months
after the City Council approves new cable television franchise agreements (anticipated
to be in January 2002);
MEMBERSHIP:
Membership of the Ad Hoc Telecommunications Committee shall consist of two
(2) members of the City Council and up to three members of the Newport Beach
community, all appointed by the Mayor. City staff support shall come from the City
Manager's Office, the City Attorneys Office, and the Department of Public Works.
ADOPTED this 281h day of November, 2000.
• ATTEST:
LaVonne Harkless
CITY CLERK
•
CH
• STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
7
resolution, being Resolution No. 2000.97 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th
day of November, 2000, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Glover, Adams, Ridgeway, Debay, O'Neil, Mayor Noyes
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
• official seal of said City this 291h day of November, 2000.
(Seal)
•
City Clerk
Newport Beach, California
J
Extension of Term - Telecom Committee
June 8, 2004
Page 4
Attachment B
RESOLUTION 2004-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
EXTENDING THE TERM OF THE
AD HOC TELECOMMUNICATIONS COMMITTEE
WHEREAS, the City of Newport Beach holds two separate non - exclusive franchise
agreements with cable television providers, Adelphia and Cox Communications; and
WHEREAS, these Agreements both expire in July of 2004; and
WHEREAS, in anticipation of franchise renewals, the City formed an Ad Hoc
Telecommunications Committee in November 2000 that:
Worked with special counsel to develop a Cable Communications Franchises
Ordinance, a Public Right -of -Way Ordinance, a Wireless Telecommunications
Facility Ordinance, and a Council Policy regarding use of City property for
Wireless Telecommunications Facilities; and
■ Conducted a Community Needs Assessment that identified those aspects of
community cable television service that the community desires and led to the
adoption of a Statement of Minimum Criteria for the City to follow regarding its
Franchise renewals with Adelphia and Cox.
WHEREAS, the City is also home to residents and business owners who desire a
wide variety of telecommunications services, including high -speed data, voice, video,
and wireless Internet; and
WHEREAS, the final task assigned to the Telecom Committee in 2000 was to
negotiate new Franchise Agreements with cable providers and, while this task nears its
completion, it is not yet done; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby
extends the term of the existing Ad Hoc Telecommunications Committee to June 30,
2005.
ADOPTED this 8`h day of June, 2004.
TOD W. RIDGEWAY
Mayor of Newport Beach
Extension of Term - Telecom Committee
June 8, 2004
Page 5
ATTEST:
LAVONNE HARKLESS
City Clerk
Extension of Term - Telecom Committee
June 8, 2004
Page 6
Attachment C
AD HOC TELECOMMUNICATIONS COMMITTEE
AUTHORIZATION: Established by Resolution 2000 -_, adopted on November 28,
2000: term extended June 8. 2004.
MEMBERSHIP: Two members of the City Council and up to three members of
the Newport Beach community, all appointed by the Mayor. City
staff support shall come from the City Manager's Office, the City
Attorney's Office, and the Department of Public Works.
PURPOSE &
RESPONSIBILITIES:
A. Ordinance(s) Update - Work with City staff to update the City's
Cable Television Ordinance update and consolidate into one
ordinance the Citv's policv with regards to use of the Public
Rights- of -Way: and to create a separate Wireless
Telecommunications ordinance (addressing wireless services,
street encroachment fees, city infrastructure use fees, and
antenna siting).
B. Community Needs Assessment - Develop and conduct (with staff
or expert assistance) a Community Needs Assessment between
December 2000 and June 2001.
C. Public Information -- Assist with explanation and community
understanding City's regulatory ability (of lack thereof) regarding
Cable Television.
D. Council Policy on Use of City Facilities for Telecommunications --
Develop a Council Policy relating to the manner in which the City
reviews and approves requests for telecommunications
infrastructure easements —.
E. Cable Franchise Agreements -- Oversee the negotiations
between staff and cable providers reqarding any new cable
service or renewal of franchise agreements.
Section III - Page 13
RESOLUTION NO. 2004- 42
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH
EXTENDING THE TERM OF THE
AD HOC TELECOMMUNICATIONS COMMITTEE
WHEREAS, the City of Newport Beach holds two separate non - exclusive franchise
agreements with cable television providers, Adelphia and Cox Communications; and
WHEREAS, these Agreements both expire in July of 2004; and
WHEREAS, in anticipation of franchise renewals, the City formed an Ad Hoc
Telecommunications Committee in November 2000 that:
Worked with special counsel to develop a Cable Communications Franchises
Ordinance, a Public Right -of -Way Ordinance, a Wireless Telecommunications
Facility Ordinance, and a Council Policy regarding use of City property for
Wireless Telecommunications Facilities; and
• Conducted a Community Needs Assessment that identified those aspects of
community cable television service that the community desires and led to the
adoption of a Statement of Minimum Criteria for the City to follow regarding its
Franchise renewals with Adelphia and Cox.
WHEREAS, the City is also home to residents and business owners who desire a
wide variety of telecommunications services, including high -speed data, voice, video,
and wireless Internet; and
WHEREAS, the final task assigned to the Telecom Committee in 2000 was to
negotiate new Franchise Agreements with cable providers and, while this task nears its
completion, it is not yet done; now, therefore be it
RESOLVED by the City Council of the City of Newport Beach that it hereby
extends the term of the existing Ad Hoc Telecommunications Committee to June 30,
2005.
ADOPTED this 8`" day of June, 2004.
MAYOR
ATTEST:
°°R�e
CITY CLERK 4 �+
o s
r`
C4 L1 F04
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
resolution, being Resolution No. 2004 -42 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th
day of June, 2004, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Rosansky, Adams, Bromberg, Webb, Nichols, Mayor Ridgeway
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of June, 2004.
(Seal)
City Clerk
Newport Beach, California