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. CIO OF SAN BERNAR~O - REQUF')T FOR COUNCIL A~ON
From: JAMES ROBBINS,
Deputy City Administrator -
Dept: Administrative Services
Subject: Community Access Television Fee
Structure
Date: September 22, 1987
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Synopsis of Previous Council action:
Community Television Commission approved ;>roposed rates and fee structure
on September 15, 1987.
Recommended motion:
Adopt Resolution
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Contact person:
James Robbins
Phone:
5123
Supportlnll data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount: $
Source: (ACCT. NO.)
(ACCT. DESCRIPTION)
Finance:
Council Notel:
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Agenda Item No. ~ 7,
CI~ OF SAN BERNARDbtO - REQU~T FOR COUNCIL A~ON
STAFF REPORT
The City has begun taking over the broadcasting function of
the Community Access Channel for cable television services.
The change over was the week of September 14-18, with full
responsibility beginning September 21.
One element of the community access format is leased access
which is viewing time people pay for to broadcast materials
similar to television programming. The City should charge
for this time as it contains commercial messages and charging
for the time is authorized.
The 'leased access rate fee is based on the length of the
production, the number of times it is to be aired and the
number of subscribers. The proposed fees are consistent with
other public access providers in the area. It should be
noted that the number of subscribers part of the formula will
be revised annually to provide for automatic adjustment. The
public will be advised of any change by 60 day posted notice
in the Master Control Office and mailing to all current
leased access users.
You will note there are two types of fees, dubbing and leased
access. The dubbing fees are somewhat self-explanatory. The
tape size reflects BETA (3/4") and VHS (1/2"). The minimum
time charged for will be 60 or 120 minutes as noted. City
provided tape means the city will dub on a City owned tape
then sell the tape to the requesting party. Requesters can
bring their own tape for dubbing; however, the City retains
the right to specify the type and quality of tape to be
dubbed. This is because quality varies significantly from
one brand of tape to another. Some tapes actually are abras-
ive and cause unnecessary wear on the equipment.
The rates proposed have been reviewed and approved by the
Community Television commission. They recommend approval by
Mayor and Common Council.
Alternatives to consider:
1. Adopt resolution as presented.
2.
Refer resolution back
modification.
to
staff
for further
JR/md
9-22-87
75-0264
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING LEASED
ACCESS RATES AND MASTER CONTROL DUBBING FEES IN CONNECTION WITH
THE CITY OF SAN BERNARDINO'S COMMUNITY PUBLIC ACCESS CHANNEL.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The following rates are hereby adopted.
MONTHLY LEASED ACCESS RATES
per program
Time in
Minutes Single Playback 2-3 4+
30 $165.00 $130.00 $100.00
60 $275.00 $215.00 $165.00
Leased Access Rates will be reviewed annually by the City
Administrator or his designee based on a number of subscribers
verification provided by cable operators. Requests in excess of
4/month playback will be accessed at the 4+ rate. Additional
high volume discounts may be arranged by policy of the Community
Television Commission.
MASTER CONTROL DUBBING FEES
20 Tape Minimum City Provided
21 SIZE Time TAPE
22 3/4" 60 minutes $39.00
23 1/2" 120 minutes $22.00
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9-22-87
Requester Provided
TAPE
$15.00
$15.00
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City shall specify type and quality of tape provided by requester
and refuse to dub tapes not meeting City specifications. Fees are
subject to adjustment following a 60-day notice. Minor edits are
available for $15 per tape. Major edits will be done at the
studio at studio rates.
The public will be advised of proposed rate and fee adjustments
60 days prior to implementation. Proposed adjustments shall be
posted in the Cable Television Master Control Office and mailed
first class to current leased access users. Adjustments shall
be approved by the Community Television Comlnission. A copy of
current rates shall be posted in the Cable Television Master
Control Office and copies available upon request.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1987, by the following
vote, to wit:
Council Members
AYES:
NAYS:,
ABSENT:
of
City Clerk
The foregoing resolution is hereby approved this
, 1987.
day
Mayor of the City of San Bernardino
9-22-87
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9-22-87
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COMMUNITY ACCESS TELEVISION
LEASED ACCESS
POLICIES & PROCEDURES
10/1/87
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DOCUMENTS
NEEDED
Pol icy
Statement
Playback
Request/
Checkl i st
Contract
Cash Receipt
Contract
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PROCEDURE:
LEASED ACCESS
INITIAL CONTACT
Potential leased access user is given a copy of
Policy Statement including Rate Schedule, a Play-
back Request form, and a Contract. If user wishes
to lease channel space, after reviewing the above-
mentioned documents, rates are determined.
PLAYBACK REQUEST
User completes playback request, and goes to the
Finance Dept. (6th Floor, City Hall), where staff
completes a receipt form.
PAYMENT
User takes receipt form to Central Cashiering
(2nd Floor, City Hall), pays amount indicated, and
receives a stamped receipt.
CONTRACT
User returns to CATV office with stamped receipt,
and signs agreement with CATV Coordinator.
SCHEDULING
Upon completion of the above, programming will be
scheduled for playback.
* or other authcrized CATV staff person
10/1/87
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PERSON
RESPONSIBLE
Program Supervisor*
(CATV)
Finance Dept.
Central Cashiering
CATV Coordinator*
Program Supervisor*
(CATV)
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CI'lOF SAN BERNAROO
COMMUNITY ACCESS TELEVISION
LEASED ACCESS POLICY STATEMENT
J
DESCRIPTION
San Bernardino Community Access Television offers Leased Access play
back in order to provide a cost-effective means of distributing a
wide variety of video programming to a large audience. All Leased
Access programming is aired on "Channel 3" (Comcast System) and
"Channel 12" (Chambers System).
RATE SCHEDULE
The attached rate schedule outlines current rates charged for the two
most common program 1engths--30 minutes and 60 minutes. Leased
access rates will be reviewed annually, and may be revised based on
subscriber verification provided by cable operators. The public will
be advised of any change by a 30-day poster notice in the CATV office
and by direct mailing to all regular leased access users.
Additional high volume rates may be arranged at the discretion of the
Community Cable Television Commission.
TECHNICAL STANDARDS
All videotapes supplied
quarter inch (3/4") video
for airing
cassettes.
shall
be on
standard three
Videotapes must be of such quality that the standard
corrector used by Community Access Television shall
signal. If the TBC will not accept the signal and sync
results, the video tape may be rejected.
time base
accept the
instability
Audio quality
videotapes and
reproduction on
of all videotapes will be constant throughout the
will be of sufficient level to permit adequate
the Channel's transmission equipment.
The tape must begin
black. Tapes must
Camera edits caused
acceptable due to
cab1ecast.
and end with a minimum of ten (10) seconds locked
be electronically edited on an editing machine.
by turning VTR off and on while shooting are not
the quality loss and break-up this causes during
All tapes should have titles and credits recorded on a character
generator or graphically displayed using lettering which is readable.
All tapes when submitted must be labeled and must include the
following information: title, running time of videotape in minutes
and seconds from fade-up to fade-out, and indication of audio
channel(s) used.
CONTENT RESTRICTIONS
Program content must comply with federal, state and local laws and
regulations. Also, content may not conflict with community standards
as established by the City of San Bernardino.
Specific content restrictions are as follows:
* No libelous or slanderous material.
* No obscene or indecent material.
* No material that may be construed in any way or form as an inva
sion of privacy.
* No material (either audio or video) that is not copyright and
10/1/87
C royal ty cleared for caOcast. 0 ::>
* No material for which appropriate signed releases have not been
obtained.
* No lewd, lascivious, filthy or objectionable material.
Programs that have potentially offensive content shall
* contain a program disclaimer and/or warning at the beginning of
the program;
* have a warning and explanation listed in the weekly schedule;
* be cablecast at a time when children are least likely to be in
the viewing audience.
The Community Cable Television commission recognizes that programs
with artistic or social merit may contain language or content
considered offensive by some viewers. Therefore, such programs may
be cablecast, but only if they comply with those community standards
established by the City of San Bernardino. Programs containing
explicit sexual interaction will not be permitted.
SCHEDULING
Leased Access time slots are offered by Community Access Television
on a first-come, first-served basis, Monday through Friday, 8 a.m.-9
p.m. certain weekend time slots are available for a 20% surcharge.
The requested time slot may not interfere with time blocks reserved
by the Community Cable Television Commission, nor may they supercede
existing prepaid Leased Access programming or occasional Community
Access "specials announced in advance by SB-CATV.
PLAYBACK REOUEST & PREPAYMENT
Written requests for Leased Access air time must be received at least
seven (7) calendar days in advance of the requested air date.
Prepayment for the requested air date and time effectively "locks in"
that date/time, and must be made at least seven (7) calendar days in
advance. Requests with accompanying payment may be made up to ninety
(90) days in advance of air time.
In the event that prepayment is not finalized (e.g., NSF check) the
CATV Coordinator shall have the following rights:
1. To pull any program provided by the offending user from the
program schedule.
2. To prohibit any future program scheduling by the offending
user.
3. To require that payment restrictions (e.g. cash/money order
only) be placed on the offending user.
Leased access users may not assign or sublet any of that channel
space for which they have contracted.
VIDEOTAPE SUBMISSION AND PREVIEW REOUIREMENTS
Since CATV will provide announcements of upcoming programs on its
T.V. Guide, it is preferred that videotapes be submitted for preview
at least seven (7) calendar days in advance of air date. Videotapes
must be submitted at least four (4) hours in advance of air time. No
exceptions will be made.
PLAYBACK CANCELLATION
In the event of system failure due to one or more cable operators,
neither the City nor Community Access Television may be held
responsible. Every effort will be made to re-schedule programs at a
mutually agreed upon time.
~ the CATV Coordinator de~rmines that ~ program, or any part:)
thereof, should be prohibited from cablecast due to content
restrictions and/or technical standards, the user shall have the
opportunity to revise the program so as to delete the objectionable
portion. If the user chooses not to do so, he/she may do one of the
following:
1. Cancel
2. Appeal
vision
the program.
the decision
Commission.
in writing to the Community Cable Te1e-
In the event of playback cancellation on the part of the Leased
Access user, the user shall be offered the following choices:
1. Re-schedule the program to be cablecast within two weeks of
the originally scheduled date/time.
2. Receive a refund of value based on the attached rate
schedule; i.e., if the cancelled program causes a shift in
category rate, only that portion of pre-payment that
applies will be refunded.
Cancellation of playback requests on the part of the Leased Access
user must be made in writing at least 24 hours prior to air time. A
fifty percent (50%) cancellation fee will be applied to shorter
notice. If a refund is to be made, the CATV Coordinator will
complete a Request for Payment, which will be processed in a timely
manner that is consistent with the City of San Bernardino Finance
Department procedures.
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City of San Bernardino
Community Access Television
LEASED ACCESS RATE SCHEDULE
MONTHLY RATES PER PROGRAM
Monday-Friday, 8:00 a.m.-9:00 p.m.*
TIME IN
~1I NUTES
30
CATEGORY 1 CATEGORY 2 CATEGORY 3 CATEGORY 4
SINGLE 2-3 4-7 8+
PLAYBACK PLAYBACKS PLAYBACKS PLAYBACKS
$165.00 $130.00 $100.00 $ 90.00
($.0033) ($.0026) ($.0020) ($.0018)
$275.00 $215.00 $165.00 $130.00
($.0055) ($.0043) ($.0033) ($.0026)
60
RATE COMPUTATION FORMULA:
Number of Subscribers (50,000) x Fraction of a cent (as indicated in parantheses)
RATE EXTENS ION
NUMBER OF
PROGRAMS
PER MONTH 30 Minutes 60 Minutes
1 $165.00 $275.00
2 $260.00 $430.00
3 $390.00 $645.00
4 $400.00 $660.00
5 $500.00 $825.00
6 $600.00 $990.00
7 $700.00 $1,155.00
8 $720.00 $1,040.00
9 $810.00 $1,170.00
10 $900.00 $1,300.00'
* Weekend time slots are available for a 20% surcharge.
10/1/87
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LEASED ACCESS PLAYBACK REQUEST
MUST BE RECEIVED AT LEAST SEVEN (7) DAYS IN ADVANCE OF THE FIRST
REQUESTED AIR DATE.
DATE:
19
REQUESTED BY (Person's Name):
ORGANIZATION (if applicable):
THE SUM OF
DOLLARS AND
CENTS
FOR CABLECASTING OF (Program Title):
WHICH LASTS
(MINUTES AND SECONDS) FROM FADE UP TO FADE OUT
TO BE CABLECAST
(NUMBER OF TIMES)
DURING THE MONTH(S) OF
REQUESTED DATE(S)
TIME:
SECOND CHOICE:
TIME:
THIRD CHOICE:
TIME:
SIGNATURE:
- - - - - - - - - - - - - - - - - - - - - - - - - -
CATV OFFICE USE ONLY
ACCT. #:
STAMPED RECEIPT ATTACHED:
RECEIPT #:
DATE OF RECEIPT:
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City of San Bernardino
Community Access Television
LEASED ACCESS CONTRACT
I, (Name)
representing (Organization)
have read and understand the City of San Bernardino Leased Access Policies
and Procedures.
I hereby affirm that the program (Title)
which runs approximately (60 minutes)
complies with the program content and technical standards
Community Access Television Policy Statement.
. (30 minutes)
listed on the
I have therefore submitted $
by check by cash or by money order
in order that the above-named program be cablecast
(Number of times) during the month of
I hereby assume full legal responsibility for any disputes concerning unautho-
rized use of copyright or royalty rights material.
Furthermore, I indemnify and hold harmless the City of San Bernardino, the
Community Cable Television Commission, Community Access Television, and the
local cable companies, their employees and agents from all liability, damage
and loss arising out of or caused by the cablecast of the above-named program.
Signature:
Date:
Address:
Telephone Number (day) (evening)
CATV Office use only
Received by:
Title:
Date:
~ fJ'P 60 6/ 7v
CIU OF SAN BERNARD::JO - REQUr 'T FOR COUNCIL AC")ON
i
STAFF REPORT
October 5, 1987
TO: MAYOR AND COMMON COUNCIL
""
1;
~ City Treasurer, Craig Graves and City Attorney, James Penman
have met on the underground utility question and for those
items on the agenda today, we offer the following options:
1. Require all projects to pay and underground utilities
prior to the issuance of a Certificate of Occupancy.
2. For those projects currently on the agenda whose
developers do not appear to have received notice of the
undergrounding requirement, owners of said property shall
sign an agreement to make semi-annual payments, security
for which will be a trust deed to be executed in the
future or a tax lien on the property.
For those projects whose developers appear to have had
notice, developers/owners will be required to pay and
underground utilities prior to the issuance of a
Certificate of Occupancy.
OWners of all properties may execute an agreement as
outlined in the first paragraph of Item 2 above.
e the 5 items on the agenda.
City Administrator is directed to develop a policy on
projects for undergrounding utilities.
9.~
J ES F. PENMAN
ity Attorney"
75-0264
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A G R E E MEN l'
THIS AGREEMENT entered i~tc this
day of
1987, by and between the City of San Bernardino, a charter city
("City"), and
("Develcper").
WITNESSETH:
WHEREAS, the City has instituted a program of undergrcunding
utilities within the City in a gradual process as property is
developed; and
WHEREAS, such undergrounding is in the best interests of the
health and safety of the community; and
WHEREAS, developer seeks an entitlement from the City but
desires to pay the cost of undergrounding of utilities over a
longer period of time; and
WHEREAS, City is willing to cooperate in allowing a longer
period of time to pay such costs.
NOW, THEREFORE, the parties hereto agree as follows:
1. The property which is the subject of this Agreement is
described in Exhibit "A" attached hereto and incorporated herein;
2. The specific area to be undergrounded is described in
Exhibit "B" attached heretc and incorporated herein;
3. The currently estimated cost for undergrounding of these
utilities is $
The parties understand that the
actual cost of undergrounding may vary from the current estimate.
4. City agrees to waive the immediate requirement of the
undergrounding of the utilities described in Exhibit "B". Within
ten (10) years from the date of this Agreement, City may
undertake the undergrounding of said utilities. At such time
City, at its option, may collect the actual cost of such
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undergrounding on the tax roll applicable to all property covered
in Exhibit "A" or may request Developer or his successor(s) in
interest to execute a Deed of Trust for the actual cost. Said
amount shall be paid in semi-annual payments for a period not to
exceed five (5) years, plus interest at the rate of ten (10)
percent per annum. Should City decide to use the Deed of Trust
and should Developer or his successors in interest fail or refuse
to execute said Deed of Trust, City may use whatever remedy it
may have to collect said amounts, or at its option, it may place
said amounts plus interest on the tax roll.
5. If City does not underground said utilities or fund said
undergrounding within the ten (10) year period, Developer shall
have no further obligation hereunder.
6. This Agreement may be recorded and shall become a lien
on the property described in Exhibit "A".
7. Developer or his successor(s) in interest may release
this lien at any time by undergrounding the utilities, if before
the City has done so, or by paying the full cost of such
undergrounding if the City has already done so. Upon such
occurrence, City shall execute and record a release of lien.
8. If Developer or his successor in interest disagree with
the amount of the undergrounding, he may appeal that amount to
the Mayor and Common Council which decision shall be final.
9. This Agreement shall not create between the parties the
relationship of employer-employee, principal-agent, partnership
or any other relationship except as specifically outlined herein.
10. Waiver by the City of any breach of this Agreement
shall not be construed as a waiver of any other breach.
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11. Any notice to be given under this Agreement shall be
given from one party to the other, in writing, by deposit in the
United States Postal Services, postage prepaid and addressed as
follows:
City
Developer
City Administrator
300 North "0" Street
San Bernardino, CA 92418
Nothing in this paragraph shall be construed as preventing
the giving of such notice by personal service.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on the day and date first above shown.
CITY OF SAN BERNARDINO
ATTEST:
By
Mayor
City Clerk
DEVELOPER
By
Title
Approved as to form
and legal content:
cf{~414.J
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