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HomeMy WebLinkAbout23A-City Administrator C.V OF SAN BERNAR",O - REQ~T FOR COUNCIL A.ION From: RAYMOND D. SCHWEITZER Acting City Administrator Subject: CATV Coordinator Dept: Date: March 26, 1986 Synopsis of Previous Council action: May 21, 1984: City Council rejected a staff position recommended by Legislative Review Committee and requested that Ca1 State and Valley College be contacted to serve such a function. January 13, 1986: CATV Commission recommended a "consultant" - matter referred to Ways and Means Committee. February 3, 1986 - City Council adopts staff position as recommended by Ways and Means Committee - MAYOR VETOES. Recommended motion: That the enclosed Cable Television Coordinator position be authorized in Pc Range 3131 and recruitment begin immediately. Further, that 1% of the current 4% franchise tax be earmarked by separation in a special fund for exclusive use of this staff person for community access channel. Contact person: Raymond D. Schweitzer Phone: 5122 Supporting data attached: yes FUNDING REOUIREMENTS: Amount: $6,000 of FY-8~_. $36,000 FY-87. Ward: Source: Franchise fee for remainde: Finance: Council Notes: 75-0262 Agenda Item NO.~.::1 4:.- Cev OF SAN BERNARIWIO - REQ~T FOR COUNCIL A.ION STAFF REPORT From review of the historic statement attached, it is readily apparent that the city's Community CATV Commission has consistently requested a staff position - either full time permanent or "consultant". (As used in "Temporary- Provisional). In most cities in Southern California, cities have staffed the CATV function with either a CATV Coordinator or Assistant City Manager type. It would appear from the enclosure relating to the 1984 Federal Cable Act, that communities are expected to have and to regulate community access channels ("PEG"). Further, the federal law confirms the right of local controls over the public educational and governmental access channels ("PEG"). The City council's Ways and Means Committee, after thorough discussion unanimously recommended that the enclosed job description (CATV Coordinator) be created in pay range 3131 ($28,128 $34,260) and the Personnel Director begin advertisements in order to fill the position expeditiously. Further, the funds for the staff position shall come from a "designed" 25% of current franchise (1% franchise) fees since the possibility exists that all fees above three percent may be forfeited either back to the CATV operators and/or the state. 75-0264 . CITY OF SAN BERNARD. Nl,RCH, 1986 . /Jf,4l;-4t CABLE TELEVISION COOP~INATOR .IQlLDE.s!:lUnlDll Under general direction of the City responsible for all cable television conlmunity, including facilitating the Commission (CATV) meetings, the handling concerns and related duties as required. Administrator, is matters in the Cable Television of all subscriber EEEll.ESEm'Al'lYE DUTIES Coordinates a community TV Plan designed to order the activi- ties of community access programming; monitor compliance of franchise operator with franchise agreement(s) and applicable federal, state and local codes, ordinances, rules and regu- lations; prepares agenda items for City Council and Cable Television Commission meetings; prepares and supervises preparation of technical and administrative reports; presents reports and recommendations to the Mayor, City Council and Cable Television Commission as required; investigates citizen and subscriber cable complaints; develops and implements programming on allocated public access channels for the City; identifies resources for community programming; informs community of local access programming; monitors program contents for material shown, generates cont.ent reports as needed; assists the City, local organizations educational institutions and any other individuals or groups who desire to produce programming for Public-Educational-Govermaental (PEG) channels; sets up training workshops on the use of the production facility and equipment and makes program interns available to assist the community in producing programming; develops funding proposals and administers grant funds for public access channels; facilitates public participation in local programming and insures community access; coordinates program scheduling on public access channels; recommends a budget for the City's cable television activities; reviews all reports and filings by franchise operator to the FCC and City; provides assistance to City departments in determining video programming needs and production of video-based programs. MI~lMUL~~U~LIF.ICATl~ Two years of experience in cable television regulation or a related area and at least 60 college semester units in busi- ness administration, finance or a closely related field. Ad- ditional education may be substituted for one 1 year of ex- perience. , . . M..!:JEI'-bk .o!Jl'-l.]!" Jf::8:rJ..OJW . . Thorough knOldedge of modern pr inciples and practices of public or business administration; management and research techniques and procedures. Good knowledge of principles of supervision, budgeting, training, and public relations. j,bility to analyze problems and make sound policy and procedural recommendations for resolution; express ideas effectively; meet the general public with courtesy and tact; plan work program; establish and maintain good relations with administrative and elected officals; prepare comprehensive reports. QE~A1IllA1'lQ 1:i8L_EELlITlllliS liT P S The Cable Television Coordinator is a staff position in the Office of the City Adiministrator; working under the general direction and supervision of the City Administrator. . ~RIC STATEMEN~ . During the calendar year 1981/82 to mid-year 1983, Mr. Crawford of the City Administrator's Office handled duties of the Cable TV Coordinator. In June 1983, the Administrator designated Dick Monroe, the Director of munications to replace Tom Crawford as staff to the Council's Cable TV Commission. with the duties of liaison, he was to coordinate all cable TV activities. Tom the city Com- city staff In September 1983, the Cable TV Commission requested that the City Council consider adding a Cable TV Coordinator position to the City staff. In February 1984, Mr. Russell Lackner, Chairman of the Cable TV Commission appeared before the Legislative Review Committee to discuss the request made by the Commission for the need of a telecommunications staff person. The Legislative Review Committee suggested that the city Administrator consider in next year's Budget (FY85) a part-time staff person in the technical area of cable TV in the Library who could devote their time to getting the City into a City programming posture. The Committee further requested that the City Administrator discuss with the city Librarian Whitney, the possibilities of placing the Community TV program under his jurisdiction and give a preliminary report to the Committee at the next meeting. At the next meeting of the Cable TV Commission, a discussion was held on the city Librarian's participation in the com- munity access channel in the Library facilities and a recom- mendation was made that the city Council establish a com- munity non-profit foundation compatible with the state legislation whose members would be composed of San Bernardino School District, Library Board, Cable TV Commission, public at large, Valley College and Cal State for the purpose of developing community service programming for dissemination via the cable. The Committee was informed that the pUblic access channel could be handled with Library visual aid personnel for a short time. Eventually, a full time staff person would be needed. The position could be budgeted in the following year's budget. It was the consensus of the Legislative Review Committee at that time that the City would not get involved in studio facilities since two college facilities were available for this use. The Committee discussed the number of members desirable for the foundation and agreed membership should be consistent with other boards and commissions with possible a nine-member board. In May of 1984, the City Librarian submitted a tentative budget for public access cable televi- sion for discussion only. The Legislative Review Committee requested an up-to-date status report on the cable TV staf- fing. The following report was presented: 1. The Cable TV Commission requested a staff person to be paid for by the additional franchise percent (from 3% to 4%). In this manner, it would not affect the General Fund revenues. 2. Community TV Commission recommended that the City coordinate a community access channel through the . establishment~f 'a non-pro~ foundation the City Attorney be instructed to draw documents in accordance with state law. and that up the . 3. The Cable TV Commission that the non-profit foundation mentioned in #2 above be composed in the following manner: 2 representatives from the School District; 2 representatives from the Library Board; 3 representatives from Cable TV Commission; 2 representatives from the public at large (includ- ing unincorporated territories); 1 representative from Valley College; 1 representative from Cal State -- TOTAL 11 Once the Committee was formed, the specification, rules, procedures and so forth, for the community access channel could be developed and recommended for adoption by the Mayor and city Council (The Committee had suggested 9 members) . 4. The Cable TV Commission recommended designating the City Librarian as the Cable TV Coordinator. It was generally accepted by the Legislative Review Committee and readily adopted by the Librarian as well as the Library Board. The action at that point by the Library Review Committee was to recommend that a staff position be created and authorized in the City Administrator's Office to coordinate the community access channel. All other actions will be taken in the future after the individual is able to complete a program report (May 17, 1984). At the regularly May 21 Council Meeting, the Council did not pass the above recommendation from the Legislative Review Commit- tee but instead requested that the City contact Valley College and Cal State San Bernardino and other agencies to determine the feasibility of their providing community access coverage. Council also requested that the staff compare the contract- ual approach with the practicality of hiring a separate staff person as recommended by the Cable TV Commission. In June, the City Administrator's Office conducted a survey of Southern California cities and determined the following: 1. It was readily apparent in reviewing other cities that Cable television is new to California cities and just becoming established. 2. Most franchise negotiations were completed in 1980 or later. 3. Most cities provide funds to promote local program- ming (usually the extra 2% of a 5% franchise fee). 4. Most cities have set up citizen advisory committees to administer such programming. 5. Of those cities not providing funds, all admin- ,..". ... ... . istered the "mmunity acce. programming through the cable firm. (via newer franchises). . 6. None of the cities in the community access channel university or college. survey administered the programming through a The conclusions of the survey revealed that most cities adopted a non-profit foundation to allocate funds and had citizen advisory committees to assist the City Council in managing the community access program and establishing regulations, procedures and criteria for the allocation and use of the money. The local universities in San Bernardino were not interested in the complete job of coordinating community access channels But were willing to proqram the community access channel provided the City would reimburse them! In the case of Valley College, they were unable to add additional staff unless the city was to sign a long term contract providing the funding for such staff. From the period of approximately July 1984 throuqh September 1985, it was very difficult to qet a quorum in the Cable TV commission. However, in about September of 1985, the Commis- sion once again began their push toward a staff person for cable TV. In December, the Commission requested that the city Administrator have the Personnel Department survey other California cities to determine the pay range of a position. It was determined on January 7,1986, that five cities sur- veyed had full time CATV administrators Lakewood, Los Angeles, Pasadena, Hawthorne and Torrance (Riverside later was added to this list. In the same survey, it was determined that many cities have a staff position other than a cable TV coordinator such as an Administrative Assistant, an Assistant Administrative Officer, an Assistant city Manager, Public Information Officer, Public Affairs Officer, etc. These positions were also surveyed in Downey, El Monte, Fullerton, Huntington Beach, Norwalk, Paramount, Redondo Beach, San Bernardino County and Whittier. It was determined that the average was $23,000 to $30,000 on the low side and $40,000 to $50,000 on the high side. The mid-point was $27,000 to $33,000. The City's Senior Management Analyst is currently in Range 3131 at $28,128 - $34,260 (mid-point $31,032). On January 13, 1986, the Cable TV Commission recommended that the City hire a consultant (by contract) in the amount of $35,000 to establish and administer the community access channel. The matter was referred to the Ways and Means Committee who has reviewed the pros and cons of a consultant as opposed to the pros and cons of a full time staff. At the last Ways and Means Committee meeting, the history of the position was discussed along with the latest draft of a job description. The Ways and Means Committee requested that the Cable TV Commission prepare a job description and recommend- ation for a staff position for the April 7, 1986 City Council Meeting. -.- ------- . . . . . . REVENUES The city currently is collecting 4% franchise from each of the operators. The revenues collected equal approximately $200,000 ($50,000 equal 1%). Upon the establishment of a community access channel, it is expected that the franchise revenues should rise in a great proportion to the number of new subscribers. Most cities have found that it follows that the establishment of a community access channel brings more subscribers. The Cable TV Commission's recommendations are that at least 1% be dedicated to the use of a staff person. If, in the future, more revenues are needed, the City is eligible to levy one more percent for a total of 5% franchise fee under the new Federal Cable Act of 1984. section 611 of the 1984 Federal Cable Act confirms the right of a franchising authority (City of San Bernardino) to establish and enforce requirements pertaining to "PEG" (Public, Education and Governmental Access) channels. Further, it does not impose numerical limitation on channels the franchising authority may require for PEG use. Cur- rently, Chambers CATV is required by the Court order to provide three channels. Group "W" is not currently required to have but one under the State deregulation (not City franchise!) Further, Section 611 cited above requires the city to origin- ate rules and regulations under which temporary use of one "PEG" channel. A cable operation may not exercise any editorial control over the services provided on PEG channels. This is the City's responsibility. Both Chambers CATV and Group "w" CATV provide funds for PEG projects ($.50 per subscriber for the former and $.40 per subscriber for the latter). The franchisee may utilize any community service which is not used for community service programming as community service programming is given priority. channel so long At the state Level Legislature Will Consider Two Models for RegulatinB Uses of Franchise Fees Assemblywoman MOORE's Bill: AB 1372 . California CableLetter . . January 1986 In 1983-84, as the National League of CUies (NLC) and the National Cable Television Association neaotiated the OCPA's provisions, the city representatives placed a hiBh priority on dereaulatinB their uses of cable franchiae fee revenues. Prior to the enactment of the OCPA, the FCC'. reBulatory policy (which vas often iBnored) vas thst "Cable franchise fees I18Y Dot be used to increase the Benerel revenues of a locality." Tbe NLC .vas successful, or so it aeemed. Tbe CCPA atates, "Any Federal agency may not reBulate the amount of the franchise fee paid by a cable operator. or reBulate the use of funds derived from such fees..." (Section 622i). The 1986 legislative session will include discussion of two alternative approaches to state regulation of uses of local franchise fee revenues. One approach is represented by AB 1372, introduced in 1985 by Assemblywoman GWEN MOORE(see ~, 3/85 & 4/85). The LeaBue of California Cities, which wishes to secure unregulated use of franchise fee revenues, opposed AB 1372. Then, in 10/85, League resolved to "oppose legislation that would dictate the use or uses by the cities and counties of franchise fees received from caPle tele- vision companies." Consequently, the Assembly Committee on Utilities & Commerce took no action on AB 1372 in 1985. The 1986 version of AB 1372, not yet in print, reportedly follows the original version in 2 respects, as follows: . Like the FCC's preempted policy, it would not regulate the franchisor's uses of 3% of a 5% franchise fee. . It will ~ranchisors with a 5% franchise fee to ~ommit ~t !!~(nr 1 nut of ~!) ~!~~ RUDDort of PEG access ro the au rt of DCa te ecommunications plannina. The new version of AB 1372 differs from the original version in that (1) it leaves all franchise revenues in the hands of local franchisors (rather than drawing off funds for a state created "Foundation for Cable Communications"), and (2) it provides state support (still undefined) in the enforcement of franchise terms and conditions. The actual language of -3- " ~' . . Assemblyman PEACE's .\pproach ~'s Preference Prospects California lIIieLetter . January 1986 this bill vill be interesting to read, but these early reports make it sound more responsive than the originsl bill to the position of the League (and some individual cities.) Significantly, AB 1372 appears to be based on the premise that the franchisor's regulatory authority derives from the cable subscriber's First Amendment rights, snd not from the franchisee's uses of the publicly owned right-of-vay. The second bill to regulate uses of cable franchise fees vas drafted on 11/S/aS for Assemblyman STEVE PEACE, and will be introduced soon. If adopted in its present fora, this bill lIOuld, as of 1/1/8/, 11llit all caDle rrsncll1se fees to an- unt tna~ gUC~U.L I ...exceed:the co. e eit count. n coun on'o the communit ant tele- em s 0 erst ons t or c y And county... s ormula, which would appeal mos e cable industry, would markedly reduce total franchise fees, cut funds available for support of PEG access, and stimulate the rapid growth of local cable regulatory programs. Both of these bills could be made "right" by amending them to permit franchisors to use franchise fees only for "any cable-related purpose." This approach should survive constitutional test, and would yield appropriate levels of support for whatever mix of cable regulation, planning, and PEG access the franchisor decides is locally desirable. If the League of California Cities and individual cities continue to oppose all state legislation in this srea, both bills may be expected to fail, and the constitutionality of using franchise fee revenues for general fund purposes will be debated in a federal court, in California or elsewhere. If AB 1372 is enacted, regulating part' of the franchise fee and leaving part unregulated, we could see a legal battle over at least the unregulated part. v/ a