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Home My Public Portal About05-13-96 COMMUNITY CABLE ACCESS ADVISORY COMMISSION0 0 COMMUNITY CABLE ACCESS ADVISORY COMMISSION LYNWOOD CABLE STUDIO 3560 MARTIN LUTHER KING, JR. BLVD. LYNWOOD, CA 5:30 P.M. AGENDA MAY 13 1996 I. ADMINISTRATIVE ITEMS A. Call to Order B. Pledge of Allegiance C Invocation D Roll Call l V` D CI OF LYNWOOU CITY CLERKS OFFICE MAY 0 91996 7 1 8 1 9 1 10 IU1 1 2111213141� 6 E. Minutes -April 8, 1996 - Regular Meeting II. INFORMATIONAL ITEMS A. Minutes Preparation for CCAAC meetings III. SCHEDULED MATTERS A. Election of Officers B Cable Franchise Agreement Review C Preview of Lynwood Showcase #79 IV. COMMISSIONERS'/ STAFF REPORT V. PUBLIC ORALS VI. ADJOURNMENT - TO NEXT REGULAR MEETING ON JUNE 10 1996 0 0 COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE APRIL 8, 1996 MEETING The regular meeting of the Community Cable Access Advisory Commission of the City of Lynwood was held April 8, 1996, at the Lynwood Cable Studio. (The Agenda was duly posted as prescribed by the Brown Act.) Commissioner A. Ann Fields called the meeting to order at 5.30 P.M. Commissioners in attendance were Ethel Pacheco, A. Ann Fields, Ada McZeal, Bill Cunningham and Bill Lewis-was absent. - - Staff present were Johonna Jacobs - Howard, Ron Roberson and Serena Coulson. Commissioner McZeal motioned to approve the minutes of the March 11, 1996, meeting. Commissioner Cunningham seconded the motion. I. INFORMATIONAL ITEMS Staff person Howard explained to the Commission, because of the length of the Cable Franchise Agreement disussion, staff had a difficult time in preparing the March 11, 1996, minutes. She suggested after discussing an issue if the Commission could indicate the actual discussion it would like to be put into the minutes. She stated that this way would be more helpful to staff. Commissioners present were in full agreement of the request. H. SCHEDULED MATTERS A. Discussion on Cable Franchise Agreement Commissioner Fields asked if the Cable Franchise Agreement should be tabled until the May 13, meeting. Staff person Howard stated that she thinks the Cable Franchise Agreement should be discussed in this meeting. Commissioner Cunningham asked if the old and new Cable Franchise Agreement will be reviewed. Staff person Howard answered yes, we will review them as a group. Commissioner Fields asked, regarding the Cable Franchise Agreement; have the points of discussion and change been pointed out and reviewed? Staff person Howard stated that the City Manager suggested that the Commission and Staff examine the Cable Franchise Agreement and-determine what we would like to see changed relating to community She stated and that is what we will discuss tonight, I have gone though a portion of the Cable Franchise Agreement and studied it. She stated that the City Attorney has a copy of the Cable Franchise Agreement and that negotiations will start soon. Commissioner Fields asked are we going to discuss the whole contract? Staff person Howard stated that we will discuss a great deal of the Cable Franchise Agreement. Commissioner McZeal COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE APRIL 8, 1996 MEETING suggested that the Commission and Staff discuss the areas of the Cable Franchise Agreement that they will review and submit for negotiation. All the Commissioners agreed. Commissioner McZeal read portions of the Cable Franchise Agreement that - -- will•be submitted for negotiation. Starting -with Page 2, -Item 2j-which reads: American (Continental Cablevision) shall maintain the availability of an access studio in Lynwood. American (Continental Cablevision) shall maintain and replace as necessary, the cablecasting equipment in the Lynwood studio. American (Continental Cablevision) may relocate the studio so long as it remains within the corporate limits of Lynwood. American (Continental Cablevision) shall have the possession and ownership of the equipment presently in said studio. (American's (Continental Cablevision) compliance with this provision will be assessed in connection with any application for extension or renewal of the franchise.) Commissioner Fields stated that this section regarding the assessment in connection with the application of a renewal seems to be important for discussion. Commissioner McZeal stated that she thinks the whole section is important for discussion. She stated Continental Cablevision is to comply with providing state -of -the -art equipment in the Lynwood studio Staff person Howard stated that Staff person Roberson has already prepared a list of equipment that is needed in this studio. Commissioner Fields stated that we can submit our request with the list attached. Commissioner Fields asked Staff person Howard, would you like to relocate to a larger facility here in Lynwood? Staff person Howard answered yes, if possible, but the studio must be maintained in Lynwood. Commissioner McZeal continued reading the Cable Franchise Agreement. Page 3, Item 3, states: American (Continental Cablevision) desires to eliminate the operating expense of animal payments to the City or its agent for local programming. Commissioner McZeal suggested to eliminate the lump sum settlement and return back to the yearly payment. She also stated to Staff person Howard to research and find out what other communities are asking to determine as payment. Commissioner McZeal read Page 3, Item 4, and it states: The city has required the assistance of a consulting firm as well as special counsel for advice and document preparation in the course of the City's review of the request for transfer approval and franchise modifications. Commissioner McZeal suggested that Staff person Howard request that Continental 0 0 COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE APRIL 8, 1996 MEETING Cablevision reimburse the City for the technical consulting for contract renewal negotiations. Staff person Howard read portions of the Cable Franchise Agreement to the Commission. Section 3 4 the duration of the contract and it reads: The term - of the Franchise shall be fifteen (15) years commencing of October 16, 1981; and ending on October 14, 1996 On such date the Franchise shall be of no force and effect unless previously extended or renewed in accordance with the provisions of Section 14 hereof. Staff person Howard stated that this agreement was approved in 1981 She also read Sections 5.2 and 5.3, Under General Requirements: Franchise Fee. Following the issuance and acceptance of the Franchise, the Grantee shall pay to the Grantor a franchise fee of five percent (5 %) of gross annual revenues. These payments shall be computed and paid on a quarterly basis, and due no later than thirty (30) days following the end of each quarter of Grantee's fiscal year Section 5.3 Advance on Franchise Fees. Commencing with the effective date of the Franchise, Grantee shall initiate a one -time franchise fee payment to Grantor of $52,325. This payment is to be considered an advance of payments due in later years and shall be credited as franchise fees shall be become due. Such advance fee shall be expended for regulatory costs, and shall not be recoverable from the Grantor in the event that the aggregate of future franchise fees does not exceed the total amount of the advance. Staff person Howard stated that when the Cable Franchise Agreement was approved Rogers stated that it was going to place funds in a non -profit corporation and that the funds would be a minimum of $57,713 per year for the first four years. Than after that it would be either $57,713 or 5% of the gross annual revenue. Commissioner McZeal asked Staff person Howard to find out if Continental Cablevision contributed their portion of the money Commissioner McZeal read Page 4, Item 5, at the time the franchise was awarded City received a prepayment of franchise fees pursuant to Section --5.3 of Ordinance No. 1134 Rogers has transferred all rights to the remaining prepayment to American (Continental Cablevision) in conjunction with the purchase of the cable system. Page 4, Item 6, American (Continental Cablevision) agrees that said remaining prepayment may be retained by City as compensation for other franchise concessions granted by City. Commissioner McZeal asked Staff person Howard to inquire about the other concessions that the City of Lynwood received prepayment and E COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE APRIL 8,1996 MEETING eliminated when American (Continental Cablevision) came on board. Commissioner McZeal read Page 4, Item 7, and it states: The parties acknowledge that certain sums are being paid to City pursuant to this Acceptance. Any amounts paid to City pursuant to this Acceptance shall not be deemed franchise fees of any kind for any purpose subject to any limitation, which sum-shall not be recoverable by arty party for any reason under any circumstance. Commissioner McZeal explained this section to the Commission and Staff. She stated that when you put in a bid, a deposit is placed and sometimes you lose it, you will not get it back. She also read Page 4 Item 8, it reads: By accepting the transfer of the franchise, American (Continental Cablevision) agrees and acknowledges that this Acceptance and the'ordinance attached hereto as Exhibit A" do not create a new franchise, but rather are exclusively the approval of a transfer of and amendments to an existing franchise. Staff person Howard stated that pages of the Cable Franchise Agreement are missing, she stated that we have pages 1 thought -8 and the Exhibits "A" pages, 9 though 15 are missing. Commission McZeal asked Staff person Howard to check with the City Clerk's Office regarding the missing pages. B. Preview of Lynwood Showcase #78 There was no viewing of Lynwood Showcase #78 due to the discussion of the Cable Franchise Agreement. THERE BEING NO FURTHER BUSINESS, THE COMMUNITY CABLE ACCESS ADVISORY COMMISSION MEETING WAS ADJOURNED AT 6:45 P.M.