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FROM: INTERNAL OPERATIONS COMMITTEE
Costa
August 10, 1992 ' County
fU. 'LT4
DATE: rTq couyf
CABLE TV INTERCONNECT, AMENDED CABLE TV ORDI CE AND
SUBJECT: ESTABLISHMENT OF PLAYBACK FACILITY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)3 BACKGROUND AND JUSTIFICATION
VA/
RECOMMENDATIONS:
1 . Accept the Report from the Cable TV Franchise Administrator
providing a status report on the Interconnect Agreement, Cable
TV Ordinance and playback facility.
2 . Direct County staff not to compromise further on the issues of
"indemnification" and "no recourse" as outlined in the
attached report from the Cable TV Franchise Administrator.
3 . Direct County staff to offer to move to a ten ( 10) year term
for a license, providing that the cable operators agree to
include in the ordinance specific language which defines which
amendments can be made to the Ordinance by the County
unilaterally during the term of the license.
4 . Adopt the attached Resolution approving plans and
specifications for the CCTV remodeling at 10 Douglas Drive,
Martinez, all costs to be paid from the Community Access Trust
Fund.
5 . Request the County Counsel ' s Office to advise the Board of
Supervisors prior to the time the Board is asked to award a
bid for the CCTV remodeling work at 10 Douglas Drive on the
following questions :
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COU NISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE R
SIGNATURE(S):
ACTION OF BOARD ONAagast s 1992 APPROVED AS RECOMMENDED X OTHER X
APPROVED the recommendations set forth above as amended to request the County
Administrator to review the availability of space at the Sheriff's Office on Glacier
Drive, and if available to proceed with the development of plans and specifications
for the remodel; if. space is not available at the Glacier Drive Office, the County .
Administrator .is AUTHORIZED TO PROCEED WITH THE REMODEL OF 10 Douglas Drive. (In voting
"no" Supervisor Schroder advised that he believed it was premature approving the remodel
of the Payback facility at this time.)
The Board ADOPTED Resolution No. 92/567 as referenced in Recommendation No. 4 above.
The referenced attached report on the Cable TV Interconnect Agreement and Ordinance is
on file with the Cable TV Franchise Administrator.
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES:L, I I• V, IV NOES: III AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator ATTESTED- August 11, 1992
County Counsel PHIL BATCHELOR,CLERK OF THE BOARD OF
Cable TV Franchise Administrator SUPERVISORS AND COUNTY ADMINISTRATOR
Director of General Services
/88) BY �' � ��'a DEPUTY
* Does. Federal or State law or regulations require that a •
' portion of the franchise fee paid to the County be
dedicated to community access programming? If so, how
much of the fee must be so dedicated? Is all or any
portion of the amount being transferred to the community
access trust fund in this County required to be
transferred to the community access trust fund, by Federal
or State law or regulations?
* If a portion of the franchise fee is dedicated to
community access programming, could any of this money be
used by the Board of Supervisors for other purposes
deemed by the Board to be of higher priority than
community access programming?
BACKGROUND:
On April 7 , 1992, the Board last approved a status report from our
Committee on this subject. We agree with the status of
negotiations staff has outlined regarding the Interconnect
Agreement. We are returning to the Board now because negotiations
over the terms of the Cable TV Ordinance have been completed,
except for the three issues which are outlined in detail in the
attached staff report. Our Committee believes that on the
"indemnification" issue and the "no recourse" issue, we should take
the advice of staff and do everything necessary to protect the
interests of the County. The final issue, the "rules and
regulations" is the one on which we believe the County can be
somewhat more flexible. We are therefore recommending that staff
be authorized to agree to a ten year license term, rather than the
current 15 year term, providing that we are able to reach agreement
on the specific circumstances under which the County would reserve
the right to unilaterally amend the Ordinance during the course of
the ten year license.
Finally, there is the need to expand the CCTV facilities in order
to comply with the terms of the Interconnect Agreement, as is
outlined in the attached staff report. We are, therefore, agreeing
that the Board should agree to approve the plans and specifications
for the necessary remodeling and direct that bids shall be received
on September 10, 1992 . Thereafter, the Board will be asked to
award the contract for the remodeling work. We need to emphasize
that all of this remodeling work is being paid for from the
Community Access Trust Fund. At the request of Supervisor
Schroder, we are also recommending that when the actual award of
the contract for the remodeling comes back to the Board the County
Counsel ' s Office be prepared to respond to the questions raised in
the above recommendations . Because of the likelihood that the
Board will be deeply involved in Phase II budget reductions at the
time bids for this remodeling project are received, we need to be
absolutely aware of what, if any, flexibility the Board has in the
use of the Community Access Trust Fund monies for higher priority
projects .
We are further requesting that this matter be left on referral to
our Committee to continue to provide oversight to the development
of the Interconnect Agreement and Cable TV Ordinance.
w
-2-
IN THE BOARD OF SUPERVISORS
OF
CONTRA COSTA COUNTY, STATE OF CALIFORNIA
Approving Plans and Specifications for)
CCTV Remodeling at 10 Douglas Drive, )
Martinez . (CP91-86) ) RESOLUTION NO. 92/567
Authorization No. WPE981 )
WHEREAS Plans and Specifications for the CCTV Remodel at
10 Douglas Drive, Martinez have been filed with the Board this day
by the Director of General Services; and
WHEREAS Plans and Specifications were prepared by Akol &
Yoshii; and
WHEREAS the Architectural Division's cost estimate for the
initial construction contract is $121, 850 .
WHEREAS the Board has obtained the general prevailing rates of
wages, which shall be the minimum rates paid on this project; and
WHEREAS the Board hereby finds that the project is exempt from
Environmental Impact Report requirements as a Class la Categorical
Exemption under County Guidelines and directs the Director of
General Services to file a Notice of Exemption with the County
Clerk;
IT IS BY THE BOARD RESOLVED that said Plans and Specifications
are hereby APPROVED. Bids for this work will be received on
September 10, 1992 at 2 : 00 p.m. , and the Clerk of the Board is
directed to publish Notice to Contractors in accordance with
Section 20125 of the Public Contract Code, inviting bids for said
work, said Notice to be published in the Concord Transcript. ;
PASSED and ADOPTED by the majority r vote of the Board on the
11th day Of August, 1992 . (Supervisor Schroder voted no.)
I hereby certify that the foregoing is a true and correct of a
resolution entered on the minutes of the Board of Supervisors on
the date aforesaid.
Witness my hand and the seal of
the Board of Supervisors
affixed this 11th day of
August, 1992 .
Phil Batchelor, Clerk of the
Board of Supervisors and County
Administrator. p
By Q_la
DepuW Clerk
cc: General Services Department
Architectural Division
Accounting
Communications Services
Community Development
Attn: Dennis Barry
Auditor-Controller
District Attorney (via A.D. )
RESOLUTION NO. 92/ 567