Apr
19
Council to Discuss LATV at “earlybird” Special Meeting Monday, April 20
Filed Under City Council Meetings, LosAl TV
(4/19/2009) As the second part of a Special Los Alamitos City Council Meeting scheduled for 5 p.m. tomorrow, the Council will continue a workshop on possibly establishing a new non-profit corporation to run Los Al TV.
The 5 p.m. special meeting will start with an opportunity for oral communications from the public, then move into yet another closed session on the appointment of a City Manager, after which the Council will move back into a workshop session on Los Al TV.
Here’s the agenda for the 5 p.m. Special meeting:
1. CALL TO ORDER
2. ROLL CALL – CITY COUNCIL
3. ORAL COMMUNICATIONS
At this time any individual in the audience may come forward to speak on any item within the subject matter jurisdiction of the City Council . Please state if you wish to speak on an item on the Agenda. Remarks are to be limited to not more than five minutes.
4. CLOSED SESSION
A. Public Employee Appointment
Title: City Manager
Authority: Government Code Section 54957B. Conference with Labor Negotiator
Title: Conference with Labor Negotiator
City Representatives: Dean Derleth, City Attorney
Unrepresented Employee: City Manager
Authority: Government Code Section 54957.65. SPECIAL ORDERS OF THE DAY
A. Consideration of Formation of New Non-Profit 501(c)(3) Corporation for Los Alamitos Television (LATV) Att 1 Att 2 Att 3
This report provides the City Council with an outline of the process involved to create a new nonprofit 501(c)(3) corporation for the control, operation and management of Los Alamitos Television (the “public access” portion of the City’s public, educational and governmental programming authority), as well as issues concerning the creation of a second public or government access channel.
Recommendation:
1. Review the steps required to complete the formation of a 501(c)(3) corporation and the issues concerning the creation of a second public or government access channel, and;
2. Provide direction to staff as Council deems appropriate.6. ADJOURNMENT
The next meeting of the City Council will be Monday, April 20, 2009, at 7:00 p.m., in the City Council Chambers.
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Here’s the staff report on the LATV issues, with links to the three attachments:
To: Mayor Troy Edgar & Members of the City Council
From: Nita McKay, Interim City ManagerSubject: Consideration of Formation of New Non-Profit 501(c)(3) Corporation for Los Alamitos Television (LATV)
Summary: This report provides the City Council with an outline of the process involved to create a new nonprofit 501(c)(3) corporation for the control, operation and management of Los Alamitos Television (the “public access” portion of the City’s public, educational and governmental programming authority), as well as issues concerning the creation of a second public or government access channel.
Recommendation:
1. Review the steps required to complete the formation of a 501(c)(3) corporation and the issues concerning the creation of a second public or government access channel, and;
2. Provide direction to staff as Council deems appropriate.Background
At the February 17, 2009, City Council meeting, the Council discussed options related to the operation and management of Los Alamitos Television (the “public access” portion of the City’s public, educational and governmental programming authority) and directed staff to return with a report with further information.The Council is considering forming a new nonprofit 501(c)(3) corporation for Los Alamitos Television and appointing an independent board of interested and qualified residents for the oversight and management of the “public access” programming. Staff understands the Council would like the board to consist of local residents who are not members of the City Council, and would like the corporation to operate autonomously from the City. Staff also understands the Council would like to explore its options relating to “splitting” the channels, if possible.
Discussion:
Channel Programming Issues Channels like LATV are commonly known as “public access” channels, but are actually intended for any combination of public access, educational access, and government access, and are sometimes called “PEG” channels as a result. The City has the authority to decide how much (if any) of the LATV airtime will be devoted to public access programming, how much to educational programming, and how much to government programming. The City also has the authority to decide which time slots will be available for each kind of programming; though there must be a fair process for distributing the public access time amongst producers. The Council has previously adopted such a policy (Attachment 1). This means the City has several options regarding programming PEG content. The City can continue to operate LATV3 as a combined channel, with public and government access programming on the same channel, as well as educational programming if the City wishes to devote airtime to it. This is a common model utilized by cities. The advantage of this option is that viewers need only remember a single channel for all community programming. The disadvantage is public, educational, and governmental programming competes with each other for the same time slots and in some cases “premium” time slots. The result is less airtime for each category of programming. Another option is to operate multiple PEG channels. Under this model, one channel might be purely for public access and another channel for governmental access, or combined government and educational programming. This practice is also common. It has the advantage of providing considerably more airtime than a single channel, with the drawback that viewers have to remember two channels. The City’s franchise agreement with Time Warner allows the City to receive up to three PEG channels, and the agreement with Verizon requires Verizon to match the number of channels Time Warner is providing. However, Time Warner and Verizon have the right to abandon their City-issued franchises and switch to a state-issued franchise. In which case, state law would allow Time Warner and Verizon to refuse to provide a second PEG channel unless there is 56 hours per week of non-duplicated locally produced programming on the existing LATV3 channel. If Time Warner and Verizon were to provide a second PEG channel, it could be revoked if less than 56 hours per week of non-duplicated local programming was being aired on the second channel. The City would retain its authority over the LATV3 channel following the formation of a new non-profit corporation to operate LATV. The City Attorney’s office has advised because there may be First Amendment rights involved in public access programming, the new non-profit corporation would need to avoid exercising any editorial control over the content of public access programming, develop policies for allocating time slots that ensure all people interested in producing public access programming have an opportunity to do so, and would need to recognize the City’s ability to control which time slots are available for public access programming. As mentioned above, the City previously adopted such a policy that could be replicated by the new non-profit corporation (Attachment 1).Formation of Non-profit Corporation:
Staff has determined there is no process available to “unwind” the previous dissolution of Los Alamitos Television Corporation to reinstate the former corporation. However, based on the information provided by the Council regarding the desired management and formation structure, staff does not believe the time and cost estimates would vary greatly if such a reinstatement process were available. The following steps will need to occur in order to complete the formation of a new nonprofit corporation in California and to obtain federal and state tax exemptions and other compliance matters:
1. Decide if the entire City Council will act as the Incorporator or authorize the City Attorney or Interim City Manager to act as the Incorporator; and,
2. Prepare the Articles of Incorporation and authorize the City Attorney to have them filed with the Secretary of State; and,
3. Determine who will sit on the Board of Directors and authorize the Incorporator to appoint initial Director(s).
All of the activities and affairs of the Corporation will be managed by the Board. Staff understands the Board will be comprised solely of Los Alamitos residents who are not City Council Members. The Council can accomplish this task by appointing Directors as desired or establishing an application process for determining the initial Directors of the Board; and,
4. Draft Bylaws of the Corporation; and,
5. Have the Incorporator call the first meeting of the Board of Directors; and,
6. Prepare Waiver of Notice and Consent to Hold First Meeting of Directors; and,
7. At the First Meeting of the Board of Directors: a) Accept resignation of the Incorporator; and b) Approve Bylaws; and c) Appoint officers; and d) Conduct other corporate business.
8. Prepare minutes of the first meeting of the Board of Directors; and,
9. Within 60 days after filing of Articles of Incorporation, prepare Statement of Information and authorize City Attorney to have it filed with the Secretary of State; and,
10. Prepare and submit Application for Employer Tax Identification Number to the Internal Revenue Service; and,
11. Prepare and submit Application for Recognition of Exemption under Section 501(c)(3) of the Internal Revenue Code; and,
12. Prepare and submit California State Tax Exemption Request to the Franchise Tax Board; and,
13. Take action to donate assets currently held for the benefit of Los Alamitos Television back to the newly formed nonprofit corporation. This can be done by a simple resolution; and,
14. Within 30 days of Los Alamitos Television receiving assets, complete and file Initial Registration Form with the Attorney General’s Office.If the City requests the City Attorney handle both the nonprofit incorporation and the federal and state tax exemption and other compliance matters, the process typically takes about four to six months to complete and the time spent will be between 25-30 hours. City Attorney time can be reduced depending on the staff’s involvement and assistance in completing and submitting the required documents listed above. Additional Options for Los Alamitos Television Staff will invite members of the community to present additional options to the City Council at the study session on April 20, 2009, for their consideration. Fiscal Impact The majority of the work can be completed by a paralegal with some attorney oversight and review. Staff estimates the fees and associated costs will be approximately $3,000 to $5,000. As stated above, the City can lower its legal costs associated with the formation by taking an active role in the preparation and filing of non-legal documents if the City Council desires.
Submitted & Approved By: ____________________ Nita McKay Interim City Manager
Attachments:
1) Los Alamitos Television Corporation Policies and Guidelines
2) Minutes of Special City Council Meeting – February 17, 2009 [below]
3) Agenda Report on Los Alamitos Television Discussion – February 17, 2009I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted at the Recreation & Community Services Center, Museum and City Hall not less than 24 hours prior to the meeting. Dated this 16th day of April, 2009.
There is a certain urgency to this, as indicated by the discussion with General Combs, as reported in the minutes of the last workshop on LATV:
MINUTES OF SPECIAL MEETING – FEBRUARY 17, 2009 4. SPECIAL ORDERS OF THE DAY
A. Los Alamitos Television (LATV) Discussion
This report provides the City Council with a summary of the history of Los Alamitos Television (LATV), including the non-profit corporation’s dissolution in December 2007. Information is also provided regarding future options for the operations and programming of Los Alamitos Television.Interim City Manager McKay summarized the staff report, noting expenditures were higher than revenues. Mayor Grose advised Brigadier General Combs would be speaking on Option 2, the possibility of a lease option on the Joint Forces Training Base (JFTB). Brigadier General Combs gave a Power Point presentation regarding the concept of a multi-purpose facility at the JFTB (Building 6). He stated the requirements for participants would be as follows:
only non-profit organizations would be allowed;
payment of utilities
rent or “in kind” services would need to be negotiated
a $1,000,000 bond to operate on the JFTB
$20,000 investment from LATV to use the facility
Mayor Grose stated the JFTB needed a Letter of Intent, along with a check for $20,000. He pointed out the need for a quick decision, as the Base was getting ready to issue a Memorandum of Understanding.Council Member Mejia recommended establishing a 501c3, with separate channels and no affiliation to the City. She expressed concern regarding the ability to access the TV station on the Base during a disaster.
Council Member Edgar made the following points:
Three components to PEG – Public, Education and Government
AB2987 cut funding
Support for 501c3 for P (public portion)
The station needs a “home”
Cable Commission unsuccessful – difficult to get a quorum
Engage all groups and do not establish fixed costsCouncil Member Stephens liked the opportunity for station location at the JFTB, and agreed with doing “in kind” services in lieu of paying rent. He agreed with establishing a 501c3.
Mayor Pro Tem Poe stated the August 31, 2006, staff report had not included all the pertinent information and, if it had, the Council might not have given the LATV Board a “time out”. She expressed support for establishing a 501c3, and asked if the old one could be reinstated. Assistant City Attorney Raymond stated she would have to check into that possibility. Mayor Pro Tem Poe thought the opportunity of LATV at the Base was a great idea, and thought it could be beneficial to check with the high school again as well.
Mayor Grose expressed support for establishing a 501c3, adding Council would need to focus on transferring the equipment once it was done. Mayor Grose made a motion to give the JFTB a Letter of Intent as a placeholder for LATV, seconded by Mayor Pro Tem Poe. Council Member Mejia thought a 501c3 should send the letter, not the City. Mayor Grose pointed out the letter was just a placeholder, and the 501c3 could decide about funding.
Council Member Edgar suggested another meeting on this subject to gain further input and discussion. Brigadier General Combs stated that although the Letter of Intent was merely a placeholder, as a member of the Charter group it would give the City priority regarding facility use. He pointed out the letter would state an actual partnership would not be solidified for ninety days. He stated the JFTB would seek another partner if a 501c3 was not established.
Mayor Grose made an amended motion to have the Letter of Intent be sent on behalf of the 501c3, and meet for further input on March 16, 2009, seconded by Mayor Pro Tem Poe. Motion/Second: Grose/Poe Unanimously carried: The City Council directed staff to send a Letter of Intent on behalf of an LATV 501c3, as a placeholder for the JFTB facility (building 6); and, to meet again regarding this subject on March 16, 2009.
While I appreciate the potential (and potential cost savings) for a revitalized LosAlTV and appreciate the Council tackling this issue, I wonder exactly how their priorities are determined. To me, long term planning, including enhancing sales tax revenue, traffic, and zoning issues all are probably higher priorities. Hopefully they will be addressed shortly.
I’m guessing that the workshop will not be televised, and imagine youi should arrive around 5:30 if you want to sit in on it, or at 5 if you want to take advantage of the opportunity for public comments without the cameras rolling.
As always, your thoughts and comments are welcome, as well as your reporting on the meeting if you attend. As always, strive to be constructive and diplomatic.
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6 Responses to “Council to Discuss LATV at “earlybird” Special Meeting Monday, April 20”
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Note: Just received an early-morning response from our City Clerk to my e-mailed question. The special session will be televised, but not the part that’s in closed session. Set your dvr, or watch, and please report your observations and thoughts here. I’ll put up another post for your reporting and comments on the 7 p.m. regular session later today.
Now I’ve got to get to work. Anybody want a great deal on an apartment complex outside of Nashville?
[...] Council to Discuss LATV at “earlybird” Special Meeting Monday, April 20 [...]
13 Special Meetings, 8 Regular meetings.
1.What the heck have you accomplished
in the last 21 meetings since the CPLA took control of our council?
2.What the heck are you talking about behind that closed door that you can’t say in front of the public?
You’ve been in control for four months and you are almost half way to giving birth to a baby. Or eight if you were the octo mom.
Come on already your eating up your TV budget. God forbid, we wouldn’t want that to happen.
3. Did Edgar bring valentines for everybody on the special V-day meeting? Good grief CB.
City Council Agenda
——————————————————————————–
2009
April 2009
April 6, 2009 – Regular Meeting
April 13, 2009 – Special Meeting
April 17, 2009 – Special Meeting
April 20, 2009 – Regular Meeting
April 20, 2009 – Special Meeting
April 20, 2009 – Special Meeting REVISED
March 2009
March 2, 2009 – Regular Meeting
March 7, 2009 – Special Meeting
March 16, 2009 – Special Meeting
March 16, 2009 – Regular Meeting
March 30, 2009 – Special Meeting
February 2009
February 2, 2009 – Special Meeting (Hand Out 1) (Hand Out 2)
February 2, 2009 – Regular Meeting
February 14, 2009 – Special Meeting
February 17, 2009 – Special Meeting
February 17, 2009 – Regular Meeting
January 2009
January 5, 2009 – Special Meeting
January 5, 2009 – Regular Meeting
January 12, 2009 – Special Meeting
January 19, 2009 – Special Meeting
January 20, 2009 – Regular Adjourned Meeting
Does Wikipedia know something the residents don’t? Read the first papagraph below:
Los Alamitos, California
From Wikipedia, the free encyclopedia
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City of Los Alamitos, California
Official seal of City of Los Alamitos, California
Seal
Location of Los Alamitos within Orange County, California.
Location of Los Alamitos within Orange County, California.
Coordinates: [show location on an interactive map] 33°48′8″N 118°3′52″W / 33.80222°N 118.06444°W / 33.80222; -118.06444
Country United States
State California
County Orange
Government
– City Council Mayor Troy Edgar
Marilynn Poe
Gerri Graham-Mejia
Ken Stephens
Area
– Total 4.1 sq mi (4.9 km2)
– Land 4.0 sq mi (4.5 km2)
– Water 0.1 sq mi (0.4 km2)
Elevation 23 ft (7 m)
Population (2000)
– Total 11,536
– Density 6,097.6/sq mi (2,354.3/km2)
Time zone PST (UTC-8)
– Summer (DST) PDT (UTC-7)
ZIP codes 90720-90721
Area code(s) 562
FIPS code 06-43224
GNIS feature ID 1652748
Website http://www.ci.los-alamitos.ca.us/
City Hall
Los Alamitos (“The Little Cottonwoods” in Spanish) is a small city in Orange County, California, United States. The city was incorporated in March 1960. The population was 11,536 at the 2000 census. It is often mistakenly thought to include the adjacent but unincorporated community of Rossmoor (population just under 11,000) which uses Los Alamitos as its mailing address. Although Rossmoor is not part of Los Alamitos, it is speculated that it may be annexed to the city, or Rossmoor, Seal Beach, and Los Alamitos will combine to form one city. [1]
The USA Water Polo National Aquatic Center, where the men’s and women’s US Olympic water polo teams train, is located on the US Military Joint Forces Training Base in Los Alamitos. The facility is also used for major water polo tournaments, swim classes and local swim teams. The Joint Forces Training Base includes the Los Alamitos Army Airfield.
read whole article at
http://en.wikipedia.org/wiki/Los_Alamitos,_California
The closed session concluded with the announcement of a Jeffrey L. Stewart as our new City Manager by a (surprise!) 4 – 1 vote. I’ve opened up a new post for further discussion of the new city manager, right now it’s linked at the top of the column to your left.
Two of my long time neighbors had some insights to contribute during the public comments immediately preceding the workshop on Los Al TV:
Althea Miller, who’s been involved with Los Al TV almost since it’s inception, gave her perspective on several issues.
Then former Mayor and Council Member Alice Jempsa had a historical perspective to share. Both seemed to favor the establishment of a 501(c)(3) non-profit to manage Los Al TV.
On LATV 5013c–Profound comments from Zarcos and Stephens:
They think that once the new 5013c is set up the council should not have anything to do with it and just step back because they will screw it up. Way to have confidence in the council you sit on.
Zarcos thinks Fritz Pollard should run it….lets see how that goes with John Underwood scraping for his piece of the pie.
In fact, does anyone want to have a pool to see how many leeches crawl back into the production opportunities? Welcome back Katz and crew!
Somebody please tell Marilnn what the heck is going on. She doesn’t seem to know that the 5013c will have to be set up again and not by the CC. Hey, I know someone who sets up 5013c’s and may give a good price to do it…Ken Parker.
Marilynn why don’t you give him a call so he can put in a bid.