HomeMy WebLinkAboutAGENDA REPORT 2005 0706 CC REG ITEM 09CITEM q.C. WENNNEMMMW
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Hugh R. Riley, Assistant City Manager
DATE: June 21, 2005 (CC Meeting of 7/06/05)
SUBJECT: Consider Approval of the Agreement for Professional
Consulting Services with Telecommunications Management
Corporation to Review Requests for the Transfer of
Cable Television System Franchise Responsibilities to
Time Warner and to Conduct Franchise Compliance and
Fee Audits and Adopt Resolution No. 2005 -_ to Amend
the City's Operating Budget for Fiscal Year 2005 -06
BACKGROUND
As anticipated, on June 14, 2005, the City of Moorpark received
requests from Time Warner Cable Inc. for the transfer of Cable
TV franchise responsibilities for the Moorpark Systems currently
operated by Adelphia. The sale of Adelphia's Southern California
Cable Systems is a result of Adelphia's bankruptcy filed in June
2002.
Federal Communications Commission Regulations allow the City 30
days in which to determine and declare if the requesting
documents (FCC Form 394) are complete and 120 days to complete
its review of the request and other associated activity and
approve or deny the request.
DISCUSSION
The cable TV systems serving the City of Moorpark are operated
by Adelphia Communications. Currently, Adelphia owns 75% of the
Moorpark Systems and is the Franchise Grantee. Comcast
Corporation owns 250 of the Moorpark Systems. The City completed
a 15 -year Franchise Agreement with Adelphia in October 1, 2004.
000054
Honorable City Council
July 6, 2005
Page 2
Staff recommends that, in addition to the review of the transfer
request documents, the City conduct an audit of Adelphia
franchise compliance and franchise fee records. To assist with
this work, staff recommends that a consultant with experience in
the cable TV franchise renewal and transfer process be retained.
The County of Ventura, and the Cities of Simi Valley, Oxnard and
Port Hueneme are processing similar transfer requests and have
agreed to retain the same consultant, Telecommunications
Management Corporation (TMC), to review FCC Forms 394 and
conduct compliance and fee audits. The City of Moorpark retained
TMC to assist with its franchise renewal process. In view of the
opportunity for multiple clients with similar tasks, TMC has
agreed to offer their services at a reduced rate.
Staff has obtained separate proposals from TMC for the transfer
document review and for the franchise fee audit. The proposals
include the following tasks:
TRANSFER REQUEST REVIEW & COMPLIANCE AUDIT
Task A. Determine as to whether the Forms 394 are
complete, or whether additional information is required.
Task B. Determine, in conjunction with City staff, as to
whether the current franchisee is in compliance with its
franchise obligations.
Task C. Determine whether the ultimate transferee (a new
Time Warner entity), agrees to comply with the requirements
of the existing franchise, or wishes to change any of the
franchise terms.
Task D. Determine whether the transferee is legally,
financially and technically qualified to operate the cable
system. This will include a review of the financial
statements of the new entity that is being established to
own and operate these cable systems.
Task E. Assess what impact the transfer may have on cable
subscribers, and the City (e.g., the potential impact on
subscriber rates, quality of service or degree of
competition in the community).
000055
Honorable City Council
July 6, 2005
Page 3
Task F. Recommend what conditions, if any, the City
legitimately can impose upon the transfer.
FRANCHISE FEE AUDIT
Task A. A review of the revenue records of the cable
operator for the most recent four years (2001 *, 2002, 2003,
2004, and if available, the first quarter of 2005)
including the sources of all revenue components. This will
include revenue, such as commissions paid by the home
shopping channels, which may be paid to the corporate
offices or to an affiliate rather than directly to the
local cable system. ( *last three quarters only.)
Task B. A review of the method utilized by the operator
to compute franchise fees due to the City, including all
revenue elements included in the computation. A detailed
analysis will be made of any revenues excluded from the
computation, and whether these exclusions are in compliance
with franchise requirements and cable industry practices.
Task C. A comparison of the computed franchise fees due
with actual payments made to the City, to verify that all
fees have been paid.
The fees for the services rendered shall be $4,900 for Tasks A
through F and $9,600 for conducting a Franchise Fee Audit. The
City's Ordinance regulating Cable Television requires Time
Warner to reimburse the City for all reasonable expenses
incurred to review the transfer request. A deposit of $6,000 was
submitted by Time Warner with the Transfer Request. The costs
for the Transfer review and compliance audit will be paid from
the application deposit. Cost to conduct the fee audit may be
reimbursable if the audit results in findings that there has
been more than a 20 error in the fee payments over the period
covered by the audit. A budget amendment for the franchise fee
audit ($9,600) is required as this work was not included in the
current operating budget. It is proposed to come from the
General Fund Reserve.
Staff has prepared an Agreement for Professional Consulting
Services with TMC that is attached to this report. The Agreement
includes a scope of services based on TMC's June 20, and June
22, 2005 Proposals. A brief chronological history of the cable
system franchise actions is also attached.
000056
Honorable City Council
July 6, 2005
Page 4
STAFF RECObMNDATION (ROLL CALL VOTE)
1. Approve Agreement for Professional Consulting Services with
Telecommunications Management Corporation and authorize the City
Manager to sign on behalf of the City subject to final language
approval by the City Manager and City Attorney.
2. Adopt Resolution No. 2005 - Amending the 2005 -06
Operating Budget.
Attachment: 1. Agreement for Professional Consulting Services
2. Chronological History of Cable TV Actions
3. Resolution No. 2005-
000057
AGREEMENT FOR PROFESSIONAL SERVICES
Between CITY OF MOORPARK and TELECOMMUNICATIONS
MANAGEMENT CORPORATION for CONSULTING SERVICES
This Agreement, made and entered into this day of July,
2005 between the CITY OF MOORPARK, a municipal corporation,
hereinafter referred to as "City" and Telecommunications Management
Corporation, a California Corporation, hereinafter referred to as
"Consultant ".
WITNESSETH:
WHEREAS, City has determined that it requires professional
consulting services to conduct a review of Federal Communications
Commission (FCC) Forms 394 for the transfer of the Adelphia /Comcast
Cable Franchise to a Time Warner Communications Entity. And to
conduct and Audit of Franchise Fee Revenues; and
WHEREAS, Consultant has submitted a proposal to provide said
services indicating he has the proper experience and background to
provide the needed services; and
WHEREAS, City wishes to retain Consultant for the performance
of said services;
NOW, THEREFORE, in consideration of the mutual covenants,
benefits and premises herein stated, the parties hereto agree as
follows:
I. Scope of Services
City does hereby retain Telecommunications Management
Corporation, Inc. (TMC) in a contractual capacity to provide the
services required in accordance with the terms and conditions
hereinafter set forth in Exhibit "A" attached hereto and made a
part hereof. And more specifically referred to as the following
tasks:
TRANSFER REVIEW AND COMPLIANCE AUDIT
The scope of work for the review of the Transfer Request (FCC
Form 394s And the Franchise Compliance Audit shall include the
following:
Task A. Determine if the Forms 394 are complete or whether
additional information is required.
ATTACHMENT1 Page 1
Task B. Determine, in conjunction with City staff, as to
whether the current franchisee is in compliance with its
franchise obligations.
Task C. Determine whether the ultimate transferee (a new
Time Warner entity), agrees to comply with the requirements of
the existing franchise, or wishes to change any of the
franchise terms
Task D. Determine whether the transferee is legally,
financially and technically qualified to operate the cable
system. This will include a review of the financial
statements of the new entity that is being established to own
and operate these cable systems.
Task E. Assess what impact the transfer may have on cable
subscribers, and the City (e.g., the potential impact on
subscriber rates, quality of service or degree of competition
in the community) .
Task F. Recommend what conditions, if any, the City
legitimately can impose upon the transfer.
FRANCHISE FEE AUDIT
The scope of the franchise fee audit shall include the
following:
Task A. Review of the revenue records of the cable operator
for the most recent four years (the last three quarters of
2001, 2002, 2003, 2004, and if available, the first quarter of
2005) including the sources of all revenue components. This
will include revenue, such as commissions paid by the home
shopping channels, which may be paid to the corporate offices
or to an affiliate rather than directly to the local cable
system.
Task B. Review of the method utilized by the operator to
compute franchise fees due to the City, including all revenue
elements included in the computation. A detailed analysis will
be made of any revenues excluded from the computation, and
whether these exclusions are in compliance with franchise
requirements and cable industry practices.
Task C. Prepare a comparison of the computed franchise fees
due with actual payments made to the City, to verify that all
fees have been paid.
Page 2
000059
The interpretation of the services to be provided pursuant to
this Agreement shall be made in accordance with the following
priority of listing:
1. This Agreement
2. Exhibits A & B - The Proposals Submitted by Consultant.
II. Compensation
The fees in full compensation to Consultant for the services
rendered shall be $4,900 for the Transfer Review and Compliance
Audit (Tasks A through F). The Fees for the Franchise Fee Audit
shall be $ 9,600.
Additional services beyond the above described Scope of Work
shall be billed to the City at the following rates:
Carl Pilnick - $225.00 / hr.
Michael Friedman - $185.00 / hr.
Payment to Consultant shall be made by City within thirty (30)
days of receipt of invoice indicating the project and nature of the
work performed, except for those which are contested or questioned
and returned by City, with written explanation within thirty (30)
days of receipt of invoice. Consultant shall provide to City a
written response to any invoice contested or questioned and
further, upon request of City, provide City with any and all
documents related to any invoice.
Ten percent (loo) of all invoices shall be held as retention
and paid upon successful completion of the Scope of Services and
delivery to the City.
III. Termination
A. This agreement may be terminated with or without cause by
Consultant at any time with no less than thirty (30)
calendar days written notice of such termination to City.
This agreement may be terminated with or without cause by
City at any time with no less than ten (10) calendar days
written notice of such termination to Consultant.
B. In the event of such termination, Consultant shall be
compensated for such services up to the date of
termination. Such compensation for work in progress
shall be limited to actual services performed as of the
date of termination. Consultant shall provide to City
all materials, reports and files related to the work
performed and being performed upon termination.
Page 3
1111.1,
IV. Term
The term of this Agreement shall be for a period commencing on
July 6, 2005 and continuing through June 30, 2006, unless sooner
terminated as herein provided. This Agreement may be extended by
mutual consent of the parties hereto.
V. General Conditions
A. City shall not be called upon to assume any liability for
the direct payment of any salary, wage or other
compensation to any person employed by Consultant
performing services hereunder for City.
B. Consultant is and shall at all times remain as to City a
wholly independent contractor. Neither City nor any of
its officers, employees, servants or agents shall have
control over the conduct of Consultant or any of its
officers, employees or agents, except as herein set
forth. Consultant shall not at any time or in any manner
represent that it or any of its officers, employees or
agents are in any manner employees of City.
C. At the time of 1) termination of this Agreement, or 2)
conclusion of all work, all original documents, drawings,
reports, calculations, computer files, notes, and other
related materials whether prepared by Consultant or its
subcontractor(s) or obtained in the course of providing
the services to be performed pursuant to this Agreement
shall become the sole property of the City.
D. Consultant shall hold harmless, indemnify and defend the
City and its officers, employees, servants and agents and
independent contractors from a claim, demand, damage,
liability, loss, cost or expense, for any damage
whatsoever, including but not limited to death or injury
to any person and injury to any property, resulting from,
or in any way connected with the performance of this
Agreement by Consultant or the City, except such damage
as is caused by the sole negligence of the City.
The City does not, and shall not, waive any rights that
it may have against Consultant by reason of Paragraph D.
hereof, because of the acceptance by the City, or the
deposit with the City, of any insurance policy or
certificate required pursuant to this Agreement. This
hold harmless and indemnification provision shall apply
regardless of whether or not said insurance policies are
determined to be applicable to the claim, demand, damage,
Page 4
000061
liability, loss, cost or expense described in Paragraph
D. hereof.
E. Consultant shall secure from a good and responsible
company or companies doing insurance business in the
State of California, pay for, and maintain in full force
and effect for the duration of this Agreement the
policies of insurance required by this paragraph and
shall furnish to the City Clerk of the City certificates
of said insurance on or before the commencement of the
term of this Agreement. Notwithstanding any inconsistent
statement in any of said policies or any subsequent
endorsement attached thereto, the protection offered by
the policies shall:
1. Name the City and its officers, employees, servants
and agents and independent contractors as
additional insured with Consultant.
2. Bear an endorsement or have attached a rider
whereby it is provided that, in the event of
cancellation or amendment of such policy for any
reason whatsoever, the City shall be notified by
mail, postage prepaid, not less than thirty (30)
days before the cancellation of amendment is
effective. Consultant shall give City thirty (30)
days written notice prior to the expiration of such
policy.
3. Be written on an occurrence basis.
F. Consistent with the provisions of Paragraph E.,
Consultant shall provide general liability and
professional liability insurance in an amount not less
than one million dollars ($1,000,000) per occurrence.
Automobile bodily injury and property damage insurance
shall be maintained by Consultant in amounts not less
than $100,000 bodily injury per person; $300,000 bodily
injury per accident; and property damage of $100,000 per
accident.
At such point in time that Consultant obtains and
provides any of the above insurance with coverage limits
in excess of the amounts specified above to another
Consultant client, Consultant shall immediately provide
these same coverage limits to City.
G. Consistent with the provisions of Paragraph E.,
Consultant shall provide workers' compensation insurance
as required by the California Labor Code.
Page 5
000062
If any class of employees engaged by Consultant in work
under this Agreement is not protected by the workers'
compensation law, Consultant shall provide adequate
insurance for the protection of such employees to the
satisfaction of the City.
H. Consultant shall not assign this agreement or any of the
rights, duties or obligations hereunder. It is
understood and acknowledged by the parties that
Consultant is uniquely qualified to perform the services
provided for in this agreement.
I. Any notice to be given pursuant to this agreement shall
be in writing, and all such notices and any other
document to be delivered, shall be delivered by personal
service or by deposit in the United States mail,
certified or registered, return receipt requested, with
postage prepaid, and addressed to the party for whom
intended as follows:
City: City of Moorpark
799 Moorpark Avenue
Moorpark, California 93021
Attn: City Manager
Consultant: Carl Pilnick, President
Telecommunications Management Corp.
5757 Wilshire Blvd., Suite 635
Los Angeles, California 90036
Either party may, from time to time, by written notice to
the other, designate a different address which shall be
substituted for the one above specified. Notices,
payments and other documents shall be deemed delivered
upon receipt by personal service or upon deposit in the
United States mail.
J. Nothing contained in this agreement shall be deemed,
construed or represented by City or Consultant or by any
third person to create the relationship of principal or
agent, or of a partnership, or of a joint venture, or of
any other association of any kind or nature between City
and Consultant.
K. This agreement constitutes the entire agreement of the
parties concerning the subject matter hereof and all
prior agreements or understandings, oral or written, is
hereby merged herein. This agreement shall not be
amended in any way except by a written amendment
Page 6
0000613
expressly purported to be such an amendment, signed and
acknowledged by both parties hereto.
L. Should interpretation of this agreement, or any portion
thereof, be necessary, it is deemed that this agreement
was prepared by the parties jointly and equally, and
shall not be interpreted against either party on the
ground that a party prepared the agreement or caused it
to be prepared.
M. No waiver of any provision of this agreement shall be
deemed, or shall constitute a continuing or subsequent
waiver of the same provision. No waiver shall be
binding, unless executed in writing by the party making
the waiver.
N. In the event any action, suit or proceeding is brought
for the enforcement of, or the declaration of any right
or obligation pursuant to this agreement or as a result
of any alleged breach of any provision of this agreement,
the prevailing party shall be entitled to recover its
costs and expenses, including reasonable attorney's fees,
from the losing party, and any judgment or decree
rendered in such a proceeding shall include an award
thereof.
O. Cases involving a dispute between City and Consultant may
be decided by an arbitrator, if both sides agree in
writing on the arbitration and on the arbitrator
selected, with costs proportional to the judgment of the
arbitrator.
P. This agreement is made, entered into, executed in Ventura
County, California, and any action filed in any court or
for arbitration for the interpretation, enforcement or
other action to herein shall be filed in the applicable
court in Ventura County, California.
Q. The captions and headings of the various Articles and
Paragraphs of this agreement are for convenience and
identification only and shall not be deemed to limit or
define the content of the respective Articles and
Paragraphs hereof.
R. If any portion of this agreement is held by a court of
competent jurisdiction to be invalid, void, or
unenforceable, the remaining provisions will
never - the -less continue in full force without being
impaired or invalidated in any way.
Page 7
1111.•
S. No officer, employee, director or agent of the City shall
participate in any decision relating to this Agreement
which affects his personal interest or the interest of
any corporation, partnership, or association in which he
is directly or indirectly interested, or shall any such
person have any interest, direct or indirect, in this
Agreement or the provisions thereof.
T. Consultant agrees not to work for any private firm
located within the City limits or its Area of Interest,
or for any public agency where its jurisdiction includes
all or part of the City without the prior written consent
of the City, during the term of this Agreement. Further,
Consultant agrees to limit its actions related to
economic interest and potential or real conflicts of
interest as such are defined by applicable State law to
the same standards and requirements for designated City
employees.
U. The individual directly responsible for Consultant's
overall performance of the contract provisions herein
above set forth and to serve as principal liaison between
City and Consultant shall be Carl Pilnick. This
individual may not be substituted without the prior
written approval of the City. The individual directly
responsible for the City shall be the City Manager or his
designee.
V. The language contained in this Agreement shall take
precedence over the language contained in any exhibit to
this Agreement.
Page 8
VI. Effective Date
This Agreement shall be effective on July 6, 2005.
Signed and Approved by:
CITY OF MOORPARK
Steven Kueny, City Manager
ATTEST:
Deborah S. Traffenstedt, City Clerk
CONSULTANT
Carl Pilnick, President
Exhibit A: TMC Proposal for Transfer Document Review and
Franchise Compliance Audit dated June 20, 2005
Exhibit B: TMC Proposal for Franchise Fee Audit dated June
22, 2005
Page 9
1111..
INTEROFFICE MEMORANDUM
TO: FRANCHISING AUTHORITIES SERVED BY ADELPHIA OR COMCAST
FROM: TELECOMMUNICATIONS MANAGEMENT CORP.
SUBJECT: PROPOSAL TO REVIEW FCC FORM 394
DATE: JUNE 20, 2005
Many Telecommunications Management Corp. (TMC) clients in Southern
California are served by cable providers affiliated with Adelphia, Comcast or
Time Warner. With the pending transfer of the cable franchises from Adelphia
and Comcast to Time Warner, it is our understanding that a number of local
franchising authorities may be interested in utilizing consultant assistance to
review the Federal Communications Commission (FCC) Form 394 for the
transfer of the cable franchise to a Time Warner Communications entity.
Telecommunications Management Corp. (TMC) is pleased to present this
proposal for your consideration. Apart from TMC's extensive cable experience in
serving approximately 400 municipalities, we have performed numerous
franchise transfer evaluations.
TMC proposes the following scope of work:
• A determination as to whether the Forms 394 are
complete, or whether additional information is required.
• A determination, in conjunction with City staff, as to
whether the current franchisee (Adelphia or Comcast)
is in compliance with its franchise obligations.
• Whether the ultimate transferee (a new Time Warner
entity), agrees to comply with the requirements of the
existing franchise, or wishes to change any of the
franchise terms.
• Whether the transferee is legally, financially and
technically qualified to operate the cable system. This
will include a review of the financial statements of the
new entity that is being established to own and
operate these cable systems.
EXHIBIT A
000067
TMC - PROPOSAL TO REVIEW FCC FORM 394 JUNE 20, 2005 PAGE 2
What impact the transfer may have on cable
subscribers, and the City (e.g., the potential impact on
subscriber rates, quality of service or degree of
competition in the community).
• What conditions, if any, the City legitimately can
impose upon the transfer.
It should be noted that some local franchising authorities also may desire to
review such issues as a franchise compliance audit and /or a franchise fee audit
of the cable operator's operations in your franchise area. TMC will be pleased to
propose a scope of work and associated costs for any tasks desired by the City.
Some tasks, such as a due diligence review of the proposed transferee, may
involve other communities with similar interests, and result in a potential cost
savings.
The cost of the transfer evaluation will be $4,900 per FCC Form 394' on a firm,
fixed -price basis. This includes one meeting to review the report findings.
Additional meetings will be invoiced at TMC's hourly rate of $225 for Mr. Carl
Pilnick and $185 for Mr. Michael J. Friedman. It is noted that many franchises
require cable operator reimbursement of transfer expenses.
The transfer evaluation report will be delivered within 45 days of receipt of a copy
of the completed FCC Form 394 and authorization to proceed.
For additional information contact:
Telecommunications Management Corp.
5757 Wilshire Blvd., Suite 635
Los Angeles, CA 90036
(323) 931 -2600
Carl Pilnick, pilnick @telecom - mgmt.com
Michael J. Friedman, fdedman @telecom - mgmt.com
We look forward to your response.
' For those franchise authorities served by systems operated under the Century-TCI California,
LP, two Forms 394 have been submitted. In a series of transfers (and in a broad description),
Adelphia will transfer its 75% ownership to Comcast; Comcast then will transfer the ownership to
a new entity [CAC Exchange I, LLC]; the new entity then will be transferred to Time Warner. The
series of transfers are projected to be "completed contemporaneously and in direct succession."
Even though multiple Forms 394 are included in this process, TMC anticipates that all reviews will
be provided in one report for the same $4,900 fee.
1111.:
TELECOMMUNICATIONS MANAGEMENT CORP.
5757 MOW Blvd. • Suite 835 • Los Angeles, CA 90036 . (323) 931 -2600 . Fax (323) 931.7355
June 22, 2005
Mr. Hugh Riley
Assistant City Manager
City of Moorpark
799 Moorpark Avenue
Moorpark, CA 93021
Dear Mr. Riley:
In response to your request, Telecommunications Management Corp_
(TMC) is pleased to submit to the City of Moorpark this proposal to perform an
audit of the cable system franchise fees computed and paid to the City by the
City's cable system operator, Adelphia Communications.
The scope of the audit shall include the following:
• A review of the revenue records of the cable operator for the
most recent four years (the last three quarters of 2001,
calendar 2002, 2003 and 2004 and; if available, the first
quarter of 2005) including the sources of all revenue
components. This will include revenue, such as
commissions paid by the home shopping channels, which
may be paid to the corporate offices or to an affiliate rather
than directly to the local cable system.
• A review of the method utilized by the operator to compute
franchise fees due to the City, including all revenue
elements included in the computation. A detailed analysis
will be made of any revenues excluded from the
computation, and whether these exclusions are in
compliance with franchise requirements and cable industry
practices.
• A comparison of the computed franchise fees due with
actual payments made to the City, to verify that all fees have
been paid.
In the event of any discrepancies, an estimate of the
underpayments will be made.
EXHIBIT B 000069
Jun -22 -05 12:54P Telecom_ Mgmt_ Corp_ 323 931 7355 P_03
Mr. Hugh Riley
City of Moorpark
June 22, 2005
Page 2
The end - result of the review and audit shall be a written report detailing all
findings, along with estimates of incorrect payments, to the extent any are
found, and recommendations for future financial reports and procedures.
Three (3) bound copies and one (1) unbound (reproducible copy) are
included in the cost quoted below.
The audit report shall be submitted to the City within forty -five (45) days of
receipt of all information requested from Adelphia.
The cost shall be $9,600 on a firm, fixed -price basis. The cost includes
up to two (2) meetings with City staff and officials to review the audit
findings.
As you may be aware, Ventura County also has requested a franchise fee
audit proposal for the unincorporated area franchises. If we conduct
audits for both the City and the adjoining unincorporated areas that have
the same franchise fee requirements, we anticipate that we can provide a
cost reduction in the range of 15 -20 %.
Invoices shall be submitted in accordance with the following schedule:
• 50% thirty (30) days after authorization to proceed, and
• 50% upon submission of audit report.
For services beyond the stated scope of work, the City will be invoiced
monthly on an hourly basis at the following TMC rates:
Mr. Pilnick $220 per hour
Mr. Friedman $185 per hour.
Figure 1 provides a summary list of the franchise fee audits TMC has
performed.
Thank you for the opportunity to offer our services again to the City of
Moorpark, and we look forward to your response.
Sincerely,
Carl Pilnick
President
Enclosure 000070
Jun -22 -05 12:54P Telecom_ Mgmt_ Corp_ 323 931 7355
FIGURE 1
TMC FRANCHISE FEE AUDITS PERFORMED
COMMUNITY
San Bernardino, CA
Watsonville, CA
Rancho Cucamonga. CA
Adams County. CC
Arvada, CO
Castle Rode. CO
Cherry Hills Village. CO
Commerce, CC
Golden, CO
Palm Desert. CA
Half Moon Bay &
San Mateo County, CA
Martin County, FL
El Segundo, Gardena, Hawthorne. Lawndais
& Torrance, CA
Long Beach. CA
El Monte &
South Gate, CA
Rancho Cucamonga. CA
Calabasas. CA
Burbank, Glendale and
La Canada Flintndge. CA
San Mateo County Telecommunications
Authority, CA
Marin Telecommunications Agency. CA
Dublin, Livermore. Pleasanton and San
Ramon, CA
Campbell. CA
La Puente. CA
Simi Valley. CA
Whittier. CA
Westlake Village. CA
Pacifica, CA
Beverly Hills. CA
Lawndale. CA
San Bernardino Co.. CA
Santa Clarita, CA
Santa Barbara, CA
Artesia. CA
Tustin, CA
Cernres, CA
La Palma. CA
Mann Telecommunications Agency. CA
Gainesville & Alachua Co.. FL
Burbank & Glendale. CA
Thousand Oaks. CA
Simi Valley, CA
Beverly Hills. CA
EI Monte. CA
Seal Beach. CA
Canyon Lake, CA
West Covina. CA
Hespona, CA
CABLE OPERATOR
Comcast & Chambers
Sonic
DCA Cablevision &
Simmons Cable
TO
TO
TCI
TCl
TCI
TO
Colony
Coastside Cable
Adelphia
Time Wamer
CVI
Liberty Cable
Marks Cablevision
CalaVision, Falcon and TCI
Marcus
TCI
TO
TCI
TCI
TCI
Comcast
Marcus/Charter
AT &T /Adelphia
TCI /AT&T
Adelphia
Time Warner
13 franchises • 7 operators
AT &T & Time Warner
Cox
AT &T
AT &T
Venzon
AT &T
AT &T
Cox
Charter
Adelphia
Adetphis
Adelphia
Adelphia
Adelphia
Corrlcast
Charter
Charter
DATE AUDIT COMPLETED
1991
1991
1992
1992
1992
1992
1992
1992
1992
1993
1994
low
1994
1995
1995
19%
1999
1999
1999
1999
1999
1999
1999
1999
2000
2000
2000
2000
2000
2000-2001
2001
2001
2002
2002
2002
2002
2002
2003
2003
2003
2003
2003
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2004
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000071.
CHRONOLOGICAL HISTORY OF CABLE TELEVISION
FRANCHISE ACTIONS
CITY OF MOORPARK
6/6/84 — Resolution No. 84 -99: Granting 15 -year Cable TV
Franchise to Mountain Meadows
Cable Television, L.P., ( "Mountain
Meadows System "). This Franchise
expires on June 5, 1999.
11/21/90 —Ordinance No. 133
11/21/90 — Ordinance No. 134:
3/20/96 — Resolution No. 96 -1190:
Cable TV Franchise Ordinance, now
Chapter 5.06 of City Code.
Granting Cable TV Franchise
renewal to The Chronical Publishing
Co. dba Ventura County Cable
Vision ( "VCC ") ( "Moorpark
System "). This Franchise was in
place at the time the City was
incorporated. This Franchise expires
on November 8, 2000.
Approving transfer of Ownership of
Moorpark System to
Telecommunications, Inc. ( "TCI ")
Cable Vision of California.
12/2/98 — Resolution No. 98 -1550: Extending Franchise held by
Entertainment Express (formerly
Mountain Meadows Cable
Television) Mountain Meadows
System to December 20, 2000.
1/20/99 — Resolution No. 99 -1565
2/5/99 — Resolution No. 99 -1574:
Clarifying Mountain Meadows
System and repealing Resolution
No. 98 -1550.
Approving Change of Control of
Moorpark System where TCI
becomes wholly owned subsidiary
of AT &T.
ATTACHMENT 2
0000'72
5/19/99 — Resolution No. 99 -1611:
Approving transfer of Moorpark
System from TCI of California to
Century-TCI California, L.P.
8/18/99 — Resolution No. 99 -1648: Approving change of control of
Mountain Meadows System to
Adelphia Communications
Corporation ( "Adelphia ")
8/18/99 — Resolution No. 99 -1643
7/18/01- Resolution Nos. 2001 -1869
& 2001 -1870
6/21/02
5/13/04- Resolution Nos. 2004 -2178
& 2004 -2179
7/21/04- Resolution Nos. 2004 -2222
& 2004 -2223
9/1/04- City Ordinance No. 303,
Amending Chapter 5.06
Municipal Code.
10/1/04
Approving change of control of
Moorpark System to Adelphia
Communications Corporation.
Extending the Mountain Meadows
System and the Moorpark System
Franchises to December 31, 2001
Adelphia files for Bankruptcy under
Chapter 11
Extending the Mountain Meadows
System and the Moorpark System
Franchises to June 30, 2004
Extending the Mountain Meadows
System and the Moorpark System
Franchises to September 30, 2004
Cable Regulatory Ordinance
City - Adelphia complete 15 -Year
Franchise Agreement
4/1/05 Adelphia announces pending sale
of CA System Assete to Time
Warner
000073
RESOLUTION NO. 2005 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING THE FY
2005/2006 BUDGET TO ALLOCATE FUNDS FOR A
CABLE FRANCHISE FEE AUDIT
WHEREAS, on June 15, 2005, the City Council adopted the
budget for Fiscal Year 2005/2006; and
WHEREAS, Adelphia Communications will be selling its cable
franchise; and
WHEREAS, it is recommended that a Franchise Fee Audit be
performed prior to the sale of the franchise; and
WHEREAS, on July 6, 2005, the City Council approved an
agreement with Telecommunications Management Corporation for
completing a Franchise Fee Audit; and
WHEREAS, a budget amendment is required to fund this work.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That a budget amendment in the amount of
$10,000 from the General Fund, as described in Exhibit "A"
attached hereto, is hereby approved.
SECTION 2. The City Clerk shall certify to the adoption
of this resolution and shall cause a certified resolution to be
filed in the book of original Resolutions.
PASSED AND ADOPTED this 6th day of July, 2005.
ATTEST:
Deborah S. Traffenstedt, City Clerk
Attachment: Exhibit "A"
Patrick Hunter, Mayor
ATTACHMENT,
000074
EXHIBIT A
BUDGET AMENDMENT FOR
GENERALFUND
FY 2005 -06
FUND ALLOCATION FROM:
Fund
Account Number
Amount
General Fund
1000 -5500
$ 10,000.00
$ 10,000.0-0
$ 10, 000.00
Total
$ 10,000.00
DISTRIBUTION OF APPROPRIATION TO EXPENSE ACCOUNTS:
Account Number
Current Budget
Revision
Amended Budget
1000.2120.0000.9103
$ 10,000.0-0
$ 10, 000.00
Total
$ -
$ 10,000.00
$ 10,000.00
Approved as to Form:
0000'75