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Resolution No. 99-40 CITY OF TIGARD,OREGON E� RESOLUTION NO.99-Ll d A RESOLUTION OF THE CITY OF TIGARD AUTHORIZING AN AMENDMENT OF THE INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE METROPOLITAN AREA COMMUNICATIONS COMMISSION AND ITS MEMBER JURISDICTIONS REGARDING DISTRIBUTION OF FRANCHISE FEE REVENUES TO MACC's DESIGNATED PUBLIC, EDUCATION, AND GOVERNMENT ACCESS TELEVISION PROVIDER AND ESTABLISH A FRANCHISE FEE CONTRIBUTION WHEREAS,the City of Tigard is a member of the Metropolitan Area Communications Commission (hereinafter MACC);and WHEREAS, the member jurisdictions of the Metropolitan Area Communications Commission (hereinafter jurisdictions) have entered into an Intergovernmental Cooperation Agreement (hereinafter MACC IGA), and Section 9.E. of that agreement requires that the terms shall not be amended without written authorization of the governing bodies of all of the member jurisdicti—is;and WHEREAS,the jurisdictions amended the MACC IGA in 1989 to authorize an initial four-year contribution of additional franchise fee revenue to support MACC's Designated Public, Education, and Government Access Provider(hereinafter PEG Access Provider),which is currently Tualatin Valley Community Access;and AMWVHEREAS,in 1994,the jurisdictions again amended the MACC IGA by re-authorizing the additional contribution o support the PEG Access Provider to continue until June 30,1999;and WHEREAS,the current jurisdictional support level for the PEG Access Provider,expiring on June 30, 1999,is 5% of the jurisdiction's share of franchise fee revenues as a direct contribution combined with MACC's contribution of 10%,which now totals 15%of the total franchise fee revenues received from the cable operator;and WHEREAS,the MACC Board of Commissioners,on behalf of the jurisdictions,have reviewed the future funding needs of the PEG Access Provider under the renewed TCI Franchise Agreement, and recommends that member jurisdictions continue to make a contribution of their franchise fee revenues to the PEG Access Provider;and WHEREAS, the MACC Board of Commissioners agrees to increase MACC's contribution to the designated 1 Access Provider,effective July 1,1999,from 10%to 12%of the NiACC share of the franchise fee revenues;and i WHEREAS, the MACC Board of Commissioners recommends that the member jurisdictions each continue to a contribute 5%of franchise fee revenues,combined with 12%from MACC's share,for a total jurisdictional support a level to the Access Provider of 17%of franchise fees revenues;and j WHEREAS, the MACC Board of Commissioners also encourages individual jurisdictions to elect to contribute s more than the recommended 17%level to the PEG Access Provider;and 1 WHEREAS,the MACC Board of Commissioners recognizes that some jurisdictions may not be able,at this time, ,gako contribute the recommended amount,and therefore can choose to provide only a 1 %PEG con '--•`o S i t 1LLL11V11,GULL W ® RESOLUTION NO.99-�tD Page 1 WHEREAS, tie support level chosen by each jurisdiction would become effective beginning July 1, 1999,and automatically renew for periods of three years unless an individual jurisdiction decided to ^yoke the option Wevailable unde7,77A§6.E(3)of the MACC' A to give prior notice to reduce or increase its contributions in any fiscal I ar;and E WHEREAS,distribution of the jurisdictions'franchise fee revenues requires the amendment of the MACC IGA,as it is currently written; NOW,THEREFORE,BE IT RESOLVED THAT the City of Tigard hereby consents to and authorizes arnendment of the MACC IGA as follows: 1. To replace Section 6.E with the following: E. (1) MACC recommends a jurisdictional PGE contribution of 17% of the franchise fee revenues. Jurisdictions may individually choose to provide a higher level of support in any amount. They may also choose to provide only a 15%jurisdictional PEG contribution. (2)Franchise fee contributions to the Access Provider from the jurisdictions shall automatically renew for three year periods on July 1,2002, 2005, 2008, and 2011,unless a jurisdiction gives written notice to the Commission prior to the immediately preceding January 1, of action taken by the governing body of that jurisdiction to suspend that renewal. In such case, renewal shall be suspended until such time as the governing bodies of ail member jurisdictions take action to make a PEG contribution. AMIL (3)A jurisdiction providing franchise fee support may reduce to not less than 15%, or increase its contributions to support the Access Provider for any fiscal year beginning after July 1, 2000,if it gives written notice to the Commission prior to the immediately preceding January 1, of such decision by its governing body for each fiscal year it chooses to reduce or increase its contributions. 2. A contribution of 15 per,7ent of franchise fee revenues to the Access Provider effective July 1, 19999,in accordance with the amend-nent to the MACC IGA,Section 6.E. 3. After July 1,2000 a4A before January 1,2001,the city shall consider whether to increase its'Franchise Fee support to the Access Provider. The City shall provide notice to MACC after July 1, 2000 and before January 1,2001 of any decision to change the city's franchise fee support for the Access Provider. 1 4. The City Recorder is authorized to file an executed true and correct copy of this Resolution with MACC. i PASSED: This, day of 9. i i r-City of Tigard ATTEST: City Recorder-City of Tigard iyweevav„aw.ax 1RFSOLIJTION NO.99-Yv Page 2 NNETR COMMUNICATIONS COMMISSION June 16,1999 Mayor Jim Nicoli 131 S.W.Hall Blvd Tigard,OR 97223 RE: RECOMMENDATION FROM MACC—PEG ACCESS�49NDEVG Dear Mayor Nicoli and Council Members: The Board of Commissioners of the Metropolitan Area Communications Commission (MACC)are recommending that your City,as a member jurisdiction of MACC,continue to provide a portion of your franchise fee revenues to help support the operations of Tualatin Valley Community Access(TVCA),our local public,education,and government access television provider. Community needs assessments that were done for the recent TCI franchise renewal demonstrated that both subscribers and other stakeholders place a high value on Community Access Television. Since 1992,MACC member jurisdictions have provided TVCA a portion of their franchise fee revenues for its operations. Currently jurisdictions provide 5%of their franchise fee revenues,which has been combined with a 10%contribution from MACC's share of franchise fees,for a total of 15%for TVCA. The authorization from jurisdictions for the 5% contribution to TVCA expires on June 30,1999. The MACC Board of Commissioners recommends that jurisdictions continue their 5% contribution level. MACC will increase it's contribution beginning July 1, 1999,to 12%,for a total contribution to TVCA of 17%(In addition,MACC will return an additional 1%of it's franchise fee share to the jurisdictions which effectively reduces your actual contribuuon— see Attachment A) With this level of support,MACC feels TVCA will be able to continue it's fine level of service to your citizens and the member iurisdictions. MACC also provides member jurisdictions with two other alternatives to the recommended contribution level:1)Jurisdictions are encouraged to give more then the 17%share i recommended by MACC,or 2)Jurisdictions may elect to contribute only 15%to TVCA. i Enclosed is a copy of MACC Resolution 99-02,which reccmmends changes to the MACC Intergovernmental Agreement(IGA)to enable jurisdictions to continue supporting TVCA. We have also provided your jurisdiction a sample draft resolution which you,or your legal counsel,can use to consent to the changes in the IGA,and to select your jurisdiction's level of financial support. ➢ROVIDIN6 SERVICE 5/NCE 1980 1815 nJW 169TH PLACE,5U HTE 60)0• BEAVERTON,ORK,ON 97006-4886-(503)645-7765.FAX(501)645-0999 AM Pg.2 The level of support selected by your jurisdictions will remain in effect for three years,and will automatically renew for consecutive three-year periods unless a mer ber jurisdiction gives notice to reconsider the renewal. The resolution also contains a mechanism for individual jurisdictions to decrease or increase its individual contribution in a given year by giving advance notice to MACC. The enclosed spreadsheet(Attachment A)shows the financ ul of ect on your jurisdiction of the recommended levels of contributions. A representative of TVCA will accompany us to your jurisdictions to make a brief presentation and answer questions about their program and the MACC recommendations. In the meantime,we would be happy to answer any questions you might have. Thank you in advance for your consideration of this important matter. S' ely, ce Crest Administrator Attc,hments: MACC Resolution 99-02 TVCA Supportive Materials C: Ken Scheckla,MACC Commissioner Liz Newton,MACC Commissioner 1 Ask i i i METROPOLITAN AREA COMMUNICATIONS COMMISSION RESOLUTION 99-02 A RESOLUTION RECOMMENDING AN AMENDMENT TO THE MACC INTERGOVERNMENTAL COOPERATION AGREEMENT,TO CONTINUE THE CONTRIBU I'ION OF ADDITIONAL FRANCHISE FEE REVENUE TO MACC's DESIGNATED PU!!LIIC,EDUCATION, AND GOVERNMENT ACCESS TELEVISION PROVIDER WHEREAS,the member jurisdictions ofthe Metropolitan Area Communications Commission (hereinafter jurisdictions)amended the MACC Intergovernmental Cooperation Agreement (hereinafter MACC IGA)in 1989 authorizing an initial four-year contribution of additional franchise fee revenue to support MACC's Designated Public,Education,and Government Access(hereinafter PEG)Provider(hereinafter Access Provider),which is currently Tualatin Valley Community Access;and WHEREAS,in 1994,the jurisdictions again amended the MACC IGA by re-authorizing the additional contribution to support the Access Provider to continue until June 30,1999;and WHEREAS,the current jurisdictional support level for the Access Provider,expiring on June 30,1999,is 5%of the jurisdiction's share of franchise fee revenues as a direct contribution combiaed with MACC's contributinn of 10%,which now totals 15%of the total franchise fee revenues received from the cable operator;and WHEREAS,the MACC Board of Commissioners,on behalf of the jurisdictions,have reviewed the future funding needs of the Access Provider under the renewed TCI Cable Services Franchise Agreement,and recommends that the member jurisdictions continue to make a contribution of their franchise fee revenues to the Access Provider,and WHEREAS,the MACC Board of Commissioners agrees to increase MACC's contribution to the designated Access Provider,effective July 1,1999,Brom 1094.to 12%of the MACC share of the franchise fee revenues;and WHEREAS,the MACC Board of Commissioners recommends that the member juriselictions each continue to contribute 5%of franchise fee revenues,combined with 121/6 from MACC's share,for a total jurisdictional support level to the Access Provider of 17%of franchise fees ' revenues;and WHEREAS,the MACC Board of Commissioners also encourages individual member yjurisdictions to elect to contribute more than the recommended 17%level to the Access Provider; and 'WHERE S the*4d CC Rv�l of CoaMi naiss � L-a W ione o recogn c-SGuaG i ui$dll:ticiilS'buy Il0[be I able,at this time,to contribute the recommended amount,and therefore can choose to provide only a 15%PEG contribution;and Rasolution 99-02,p.2 WHEREAS,the support level chosen by each member jurisdiction would become effective beginning July 1,1999,and automatically renew for periods of three years unless an individual jurisdiction decided to invoke the option available under§6.E(3)of the MACC iGA to give prior notice to reduce or increase its contributions in any fiscal year,and HERE AS,a re—A-stribu tic n of the mP--yer lllrysdf--tions'franchise fee revenues requires the amendment oftlae MACC IGA,as it is currently written; NOW THEREFORE,BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE METROPOLITAN AREA COMMUNICATIONS COMMISSION that it recommends to its member jurisdictions: To consent to and authorize amendment of the MACC Intergovernmental Cooperation Agreement to distribute a portion of the franchise fees revenues of each member jurisdiction to MACC'.s PEG Access Provider by replacing Subsection 6.E.of the current IGA with the following: Section 6.E. (1)MACC recommends a jurisdictional PEG contribution of 17%ofthe franchise fee revenues. Jurisdictions may individually choose to provide a higher level of support in any amount.They may also choose to provide a minimum of.'5%. (2)Franchise fee contributions to the Access Provider from all jurisdictions shall automatically renew for three-year periods on July 1,2002,2005, 2008,and 2011,unless,prior to the immediately preceding 1anuary 1,a jurisdiction gives written notice to MACC of its intention to reconsider the renewal. In such rase,renewal shall be suspended until such time as the governing bodies of all member jurisdictions resolve the issue. (3)By giving written notice to MACC prior to the immediately preceding January 1,a jurisdiction providing franchise fee support may reduce,to not less than 15%,or increase its support for the Access Provider for any fiscal year beginning after July 1,2000,by a decision of its governing body for each fiscal year it chooses to reduce or increase its cont ibutions. i i ADOPTED BY THE BOARD OF COMMISSIONERS OF THE METR®POLITAN AREA CObEMM CATIONS COMMISSION this 191'day of May,1999. a ] IA- velyn 1 ki.A _ . iii � REPORT TO THE TIGARD CI'TX COUNCIL ON COMMUNITY ACCESS TELEVISON Prepared by Tualatin Valley Community Access b HISTORY OF COMMUNITY ACCESS TELEVISION Public, Education and Govern:o.ent (PEG) Access Television, or "Community Access," is a public benefit included in most modern cable franchises, including the franchises MACC has negotiated with TCI on behalf of Tigard and the 14 other MACC jurisdictions. Substandard Community Access Television services in the early to mid-1980s led MACC to create Tualatin Valley Community Access(TVCA). TVCA was established as a division of MACC in 1988 to provide Community Access Television for the cable system—including Public, Educational and Governmental Access programming.In 1994,after extensive study by the MACC Commission, TVCA began operating as a tax-exempt, nonprofit organization through a Community Access Management Contract with MACC. Today many MACC member governments rely on TVCA for coverage of public meetings; numerous nonprofit and educational groups have been trained by TVCA and use TVCA equipment and facilities to develop their own non-commercial programming;and all cable subscribers benefit from having a diverse array of locally-oriented programming of direct relevance to Tigard and the other communities within the MACC-TVCA service area. S TVCA SERVICES AND PROGRAMMING TVCA's mission is "to strengthen the fabric of community life by providing communication tools, training and opportunities" to people throughout the Tualatin Valley. Core services include: • Media Access. Making technical support and television production equipment a available to PEG Access users (local governments, schools, community groups, D individual citizens) for the development of local programming. H H • Media Education.Providing media literacy training that enables diverse individuals and groups to participate in a "hands on' way in the creation of PEG Access programming. Media Production. Producing coverage of local government meetings; producing Outreach Productions in cooperation with local governments, educational groups and community organizations; and supporting the public in Report on Community Access Television AM Page l developing local programming.See the attached highlights of community access programming. • Channel Management and Cablecaeting.Coordinating,scheduling and publicizing programming on six PEG Access channels. b CABLE FRANCHISE RENEWAL AND COMMUNITY ACCESS TV OPERATIONS The recently-concluded TCI-Tualatin Valley cable franchise renewal process included extensive community needs assessment (required by federal law) indicating that subscribers and other stakeholder groups(e.g.community organizations,educators, local government officials) place a high value on Community Access Television. Despite community interest,changes in federal law now make it difficult for local governments to require cable company funding for PEG Access operations in new cable franchises. Although the new TCI-Tualatin Valley franchise includes adequate resources for PEG Access capital(funds for equipment and facilities),operations Am funding is lacking The previous TCI-Tualatin Valley cable franchise (which was in effect through January 1999)required TCI to make approximately $500,000 available annually for Community Access Television operations; the new TCI-Tualatin Valley franchise includes the potential for minimal operations funding for four years (only $150,000 per year)with no operations funding for the remaining eleven years of the new franchise. Due to the dramatic reduction in PEG Access operations funding,TVCA has down- sized its operation with a goal of maintaining a "critical mass" to allow continuing service to communities throughout the 15-jurisdiction service area. Due to the limited operations funding available in the new franchise,the continuation of cable franchise fee funding and TVCA earned/raised income is critical to the continuing viability of Community Access Television. i FUTURE TVCA-COMMUNITY ACCESS TELEVISION SERVICES H y In March,April and May, the MA_CC Commission held three meetings devoted gexclusively to studying PEG Access service levels and future funding requirements in relation to the corunnunity needs identified durh g the franchise renewal process. Those community communication needs included: ® ,aeport on Community Access Television rage 3 - Local communication within particular ge-)graphic comminutes - Communication between government and citizens - Opportunities to broaden civic involvement - Access to learning opportunities and information With the MACC-recommended level of continuing franchise fee sport (a continuation of the 5%jurisdictional share combined with a MACC contribution of 12%) along with other PEG Access resources TVCA projects being able to maintain a baseline operation that will continue `'o reasonably meet the key community communication needs and interests identified during the franchise renewal process Based on the need for increased communication between local governments and citizens, TVCA has proposed the following_enhancements in the government access services within the PEG Access program: - A monthly "Ask the Mayor and/or Council"production for all interested MACC jurisdictions. - A new approach to Outreach Productions(which are produced by TVCA in cooperation with local groups) in which each MACC jurisdictirn may request a number of specific productions, without charge,per year. - A greatly increased potential for live and videotaped government meeting coverage throughout the MACC-TVCA service in future years through the introduction of built-in council chamber television production systems in several MACC jurisdictions. - In addition,TVCA is undertaking specific fund raising activities to pay for the inclusion of program listings for PEG Access Channels on the TCI "Prevue Channel." Community Access Television—including the cable system's Public, Education and n Government (PEG) Access channels—provide a vital public space for local civic and cultural exchange. The continuation of local cable franchise fee support for PEG Access operations is crucial to the continuing viability of this important community n communications resource. TVCA would be glad to answer any questions you have. c�r2 Tualatin Valley s Gommuni'r-y Access Community Access Television Productions Tigard - Partial Lisi i Outreach Productions Outreach Productions are produced by TVCA in cooperation with local organizations. Examples include: e Video Voters Guide.Produced in cooperation with the League of Women Voters,this long- running TVCA series featured candidates for Tigard Mayor and Tigard City Council in 1998 as well as candidates in races for Superintendent of Public Instruction,Governor,State House District 9 and U.S.Congress,District 1. o Washington County Review. This public affairs series has featured numerous Tigard citizens, community organizations and government officials in the past three years. Examples include:An episode on the Library Cooperative featured Tigard's Homework Center and Teen Advisory Panel; Tigard residents were featured in an episode on Aging in Our Community;Tigard elected officials and citizens were featured in episodes about Greenspaces,Annexation,Mental Health,and Transportation. Tigard's Twality Middle School after school programs were featured on an episode about the Commission on Families and Children. • Tigard Festival of Balloons.Coverage of this annual festival included a show of hot air balloons and festivities,and a start-to-finish look at the process of flying hot air balloons. e Ron Wyden Town Meeting in Tigard. Senator Wyden answered questions from Tigard constituents on a wide range of issues. ®Productions Involving Tigard Volunteers More than 50 Tigard volunteers have been trained by TVCA in recent years and are active in developing a wide range of community-oriented programming.Examples include: Future Drinking Water for Tigard features Tigard's Public Works Director describing""rater supply options for the City of Tigard and the process of selecting a water source •Influences on Z Today's Kids is a documentary produced by sixth grade students at Twality Middle School n Speaking in the Language of Women provides coverage of a seminar with author Ursula N LeGuin• The Easter Seals Ability Hour is a series including 70 programs that are available from the Tigard Library as well as via TVCA channels; recent program topics include Chronic Fatigue Syndrome,Managing Multiple Sclerosis,and Wellness• Advantage Society features a _7 third grade teacher from Tigard who uses art as a tool to empower youth• Veterans First addresses veteran's issues and services available through the Veterans Administration Hospital 9-1-1:Public Safety Communications examined Clackamas County Ballot Measure 3-77 •Railroad Series features model trains and full-scale diesel and steam locomotives in action Beyond the Burrito features he=tthy l+.t,.xic_n cooking. 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