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HomeMy WebLinkAboutMinutes - 06-11-96 - Adjourned w CDC 1 CI 3 6 j MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF DOWNEY ADJOURNED REG1TLAR MEETING JUNE 11, 1996 The City Council/Community Development Commission of the City of Downey held an Adjourned Regular Meeting at 5:05 p.m., June 11, 1996, in the Council Chamber of the Downey City Hall, Mayor /Chairman Gary P. McCaughan presiding. { PRESENT: Council Members/Commissioners: Gary P. McCaughan, M.D. Mayor /Chairman Joyce L. Lawrence Mayor Pro Tem/Vice Chairman Barbara J. Riley Robert S. Brazelton ABSENT: Diane P. Boggs (Excused) ALSO PRESENT: Gerald M. Caton, City Manager/Executive Director Judith McDonnell, City Clerk/Secretary Lee Powell, Assistant City Manager June Yotsuya, Assistant to the City Manager Craig Gunther of Burke, Williams & Sorensen CABLE TELEVISION FRANCHISE STUDY SESSION Ms. Yotsuya commented on the history of the Cable Television franchise since it was first approved by the City Council in 1981. She noted terms that were negotiated in 1991 which included Continental Cablevision's compliance to the "cable ready" issue; tower relocation; and installation of an institutional network (INET) between Downey City Hall, Downey Police Station and Downey Fire Station #1. If Continental satisfied the three requirements, the City would consider Continental's request for a ten -year extension of the contract commencing in 1996. In May 1996, Continental submitted a request for the City to approve transfer of control of the franchise to US West. Federal law requires the City to approve or disapprove the franchise transfer within 120 days after submittal of the required FCC Form 394. The City has until approximately September 1996 to act on the matter. Ms. Yotsuya cited criteria set forth in Resolution No. 4895 adopted in 1987, which provides the City will approve a transfer if the transferor has substantially complied with terms of the existing franchise and applicable law; the transferee agrees to resolve any compliance issues regarding the existing franchise and provisions of the existing franchise that reasonably meet present and future cable - related needs of community; and the transferee has the financial, technical and legal qualifications to hold and operate the franchise. She then commented on the rate structure for cable television service and noted Continental Cablevision is in the process of rebuilding their cable system in the region, with Downey being the first city within the nine -city region to receive the new rebuild technology. It is anticipated the rebuild will be completed i g gy p p eted the beginning of next year. Ms. Yotsuya pointed out the City receives a 5% franchise fee from Continental Cablevision, which in 1995 totaled approximately $315,000. City Council/Community Dev. Comm. Minutes 6/11/96 (adj.) -1- i Mr. Craig Gunther outlined several matters the Council will have to act on in the coming months, one of which involves renewal or extension of the franchise and whether Continental is in compliance with terms of the franchise, in particular with Ordinance No. 938, and the upgrade Continental is proposing. Another issue involves transfer of control of the franchise to US West, and the City has 120 days in which to act on the application. Mr. Perry Parks, Regional Vice President for Continental Cablevision located in El Segundo, narrated a slide presentation and provided some background regarding Continental Cablevision's involvement in 20 states in the Country, noting it is the third largest cable company in the nation, with its revenues totaling approximately $4.4 billion in 1995. He explained Continental not only serves customers in the United States but other countries as well. He then detailed Continental Cablevision's upgrade and rebuild plans and discussed the new services Continental will be providing through its upgrading and how they will benefit local schools. Mr. Parks further mentioned Continental will be bringing to Downey an advanced state -of -the -art telecommunications system and elaborated on additional services that will be provided. He gave an overview of Continental Cable's new parent company, US West, noting it is a financially- backed Fortune 100 company that will provide the necessary expertise to assist in the expansion of services. He pointed out the franchise agreement as it now stands, and future agreements to be negotiated, will be honored by US West. He mentioned having a video for the Council to review, but the Council preferred to view the video at a later time. Council Member Lawrence asked if the three obligations on the part of Continental Cable had been met, and questioned the reference to "minimal" in regard to the proposed upgrade or rebuild of the cable system. It was explained by Ms. Yotsuya and Mr. Gunther that Continental Cable is in compliance with the Ordinance and that the reference to "minimal" means that quality of the state -of -the -art system must be equal to the quality of systems in surrounding communities. Mr. Parks referenced the participating cities in the nine -city region and noted how the franchise process has been broadened through the years to increase the size of the regions. Council Member Lawrence asked who makes the decision on the kind of programming that appears on the community program channel. She also referenced the televising of Council Meetings. Mr. Parks explained local programming staff makes the decision on community programs based on requests received by individuals and community organizations. He indicated that televising Council Meetings would be a decision of the legislative body, and he briefly discussed the challenges involved. When asked about the cost to the City for this type of programming, he said the costs would be for wiring and purchase of equipment, etc., which would be negotiated. Mayor McCaughan inquired about the number of cable outlets that would be provided for the Downey schools and was informed it is anticipated that approximately five outlets will be provided for each school. He also asked about the type of cables that will be provided to the residential user, which Mr. Parks elaborated on. City Council/Community Dev. Comm. Minutes 6/11/96 (adj.) -2- 1o Council Member Brazelton asked how the rate structure will be affected in the future market with deregulation, and Mr. Parks noted that with all the competition, the company will do what it can to protect its market share in the fluctuating market place. Council Member Riley aised questions about the residential cable wiring. She also commented y q g on the slippery surface of the cable "vaults" located in the parkways, and Mr. Parks explained the company is adding a non -slip surface to mitigate any problems. Mr. Lennie Whittington, 8542 Manatee, reminded staff that all material submitted to the Council should be provided for public review. He then asked if there will be a hearing for public input prior to the Council making a decision on the franchise. Mr. Gunther explained that pertaining to the transfer process, public comment will be solicited; however, with regard to the transfer or renewal process, there is no requirement that a public hearing be held, it is optional. In the event the renewal or extension of the franchise is denied, then a public hearing p p g would be required on that issue. APPROVAL OF CLOSED SESSION MINUTES - MAY 28, 1996 Council Members Lawrence and Brazelton indicated they were absent at that meeting and would be abstaining from voting on the Minutes. Approval of the Closed Session Minutes was continued to the next meeting. CLOSED SESSION Mayor /Chairman McCaughan announced the Council/Commission is recessing to Closed Session (6:05 p.m.) to discuss the following Section of the Government Code: A. Government Code Section 54957 - Consideration of Appointment of Public Employee - City Attorney. The meeting reconvened in open session at 7:35 p.m. with Council Members/Commissioners Lawrence, Riley, Brazelton, McCaughan present; Council Member /Commissioner Boggs absent. Mayor /Chairman McCaughan announced there were no Closed Session actions to report. He then recessed the meeting at 7:35 p.m. ORAL COMMUNICATIONS: The meeting reconvened for Oral Communications at 8:30 p.m. with Council Members/ - Commissioners Lawrence, Riley, Brazelton, McCaughan present; Council Member /Commissioner Boggs absent (see Oral Communications under Regular City Council Meeting). Mayor /Chairman McCaughan announced the Council/Commission is recessing to Closed Session (8:35 p.m.) to complete discussion of items listed on the Closed Session Agenda. City Council/Community Dev. Comm. Minutes 6/11/96 (adj.) -3- The meeting reconvened in open session at 9:15 p.m. with Council Members/Commissioners Lawrence, Riley, Brazelton, McCaughan present; Council Member /Commissioner Boggs absent. Mayor /Chairman McCaughan announced there were no Closed Session actions to report. ADJOURNMENT: 9:15 p.m. .r._Z " � r Judith E. McDonnell, City Clerk/Secretary Gary P. M Caughan, Mayer /C H:ICCLERKUMCDONNE\ADI6 -11. WPD City Council/Community Dev. Comm. Minutes 6/11/96 (adj.) -4-