HomeMy WebLinkAbout36-Mayor's Office
cuty OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JUDITH V ALLES
Subject:
Resolution of the City of San Bernardino Authorizing
The Mayor of the City of San Bernardino To
Execute a Cable Network Program Production and
Transmission Agreement Between The City of San
Bernardino and the Foundation of California State
University, San Bernardino
Dept: MAYOR
Date: JUNE 14,2001
Or""'''''L
hll,,'ll~d
Synopsis of Previous Council Action:
May 21, 2001.
Mayor and Common Council approved Memorandum of Understanding between the
City of San Bernardino and California State University, San Bernardino
Recommended motion:
Signature
Adopt Resolution,
Contact person: Judith Valles. Mayor
Phone:
5133
Supporting data attached:
Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
Agenda Item No. 36
. '.
. ,
\,
STAFF REPORT
Council Meeting Date: June 18.2001
TO:
FROM:
DATE:
AGENDA:
Common Council
Mayor's Office
June 18,2001
Agenda Item #36
Agenda Item #36 for the June 18, 200 I Mayor and Common Council meeting is a Resolution
of the City of San Bernardino authorizing the Mayor of the City of San Bernardino to execute a
Cable Network Program Production and Transmission Agreement between the City of San
Bernardino and the Foundation of California State University, San Bernardino.
The Agreement attached to the Resolution for your consideration reflects the discussions the
Mayor has had with Dr. Karnig regarding this issue, It also contains suggestions from the City's
Cable Television Manager to ensure that the City's current cable television operations are not
adversely impacted.
On May 21, 200 I, the Mayor was authorized to execute a Memorandum of Understanding
between the City of San Bernardino and California State University, San Bernardino whereby the
City and the University will direct and coordinate the production and transmission of programming,
including, but not limited to, business, community, cultural and news programs as well as
educational courses and distance leaming, which will be appropriate for cablecast on the City's
Public, Education and/or Govemment channel during specified time slots, Agenda Item #36 for the
June 18 meeting programmatically implements that Memorandum of Understanding.
. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JUDITH V ALLES
Mayor
Subject: Authorize execution of a Memorandum of
Understanding and a Working Partnership
Agreement between the City of San Bernardino
and California State University, San Bernardino
for the Cable Television Network,
Dept: Office of the Mayor
Date: May 18,2001
Synopsis of Previous Council action:
None,
Recommended motion:
Motion # I : That the Mayor and Common Council authorize the Mayor to execute a Memorandum of
Understanding between the City of San Bernardino and California State University, San
Bernardino for the Cable Television Network.
Motion #2: That the Mayor and Common Council authorize the Mayor to execute a Working
Partnership Agreement between the City of San Bernardino and California State
University, San Bernardino for the Cable Television Network.
That Motion #1 be adopted.
That Motion #2 be continued to June 4,2001.
L?/~
C Signature
Contact person:
Phone:
Supporting data attached: Staff Report
Ward:
All
FUNDING REQUIREMENTS:
Amount: None at this time.
Source:
Finance:
Council Notes:
.,
Agenda Ile
#3~
&/;1/0)
STAFF REPORT
Council Meeting Date: May 21. 2001
TO: The Common Council
FROM: Judith Valles, Mayor
DATE: May 18,2001
AGENDA ITEM: #8.1
City staff and the staff of California State University, San Bernardino have worked
together to start a cable television network for the San Bernardino Valley, This network would
use the community access channels in a dozen participating cities.
Currently, the San Bernardino Valley is the largest underserved television market in the
nation. The creation of this network will serve San Bernardino's citizens and thousands of others
from Montclair to Yucaipa, The network will have a variety oflocally-generated programming,
The proposed Memorandum of Understanding creates a partnership between the City and
California State University, San Bernardino. The Memorandum allows the City to retain control
over its existing programing. The Memorandum also allows the City to maintain the ability to
schedule any existing programing at any time.
At the June 4, 2001 council meeting, it is anticipated that a partnership agreement that
contains more programming details will be available for your consideration.
Respectfully submitted,
City Attorney
DRAFT
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND CALIFORNIA ST ATE UNIVERSITY, SAN BERNARDINO
WHEREAS, the City of San Bernardino (hereinafter "CITY") operates a Public, Education
and/or Government channel via its local cable franchise; and
WHEREAS, the CITY would like to provide the public with more locally originated
programming focusing on regional interests and concerns via the CITY's Public, Education
and/or Government channels; and
WHEREAS, California State University, San Bernardino (hereinafter the "UNIVERSITY")
wishes, as part of its public service mission, to offer relevant informational and educational
television programming to the public in the greater San Bernardino Valley area; and
WHEREAS, the CITY and the UNIVERSITY desire to enter into this Memorandum of
Understanding (hereinafter the "MOU") whereby the UNIVERSITY and the CITY will direct
and coordinate the production and transmission of programing, including, but not limited to,
business, community, cultural and news programs as well as educational courses and distance
learning, which will be appropriate for cablecast on the CITY's Public, Education and/or
Government channel during specified time slots. The UNIVERSITY's management of the cable
network operation will not infringe upon the CITY's ability to manage its equipment, personnel,
and budget for locally-originated programing and contract services;
NOW THEREFORE, the CITY and the UNIVERSITY agree as follows:
I. The CITY and the UNIVERSITY shall cooperate with and among each other in
order for the CITY to make available to the UNIVERSITY designated and agreed-to time slots
every day on the CITY's Public, Education and/or Government channel for programing produced
for regional viewership and coordinated by the UNIVERSITY, The designated and agreed-to
time slots are as follows: Monday through Sunday from 7-11 P.M., year-round, as much as is
needed for available programing; and possible additional programing during other hours of the
day to be determined by the CITY.
2. These designated time slots will insure that all viewers will have access to the same
programing virtually at the same time, except when, in the CITY's discretion, local cablecasts
take precedence over UNIVERSITY programing, In this manner, a network will be created for
the greater San Bernardino Valley community (hereinafter "NETWORK").
3. To the extent they bear no burden of costs related thereto, and to the extent they are
able to make Public, Education and/or Government channel access available, the CITY shall
make such time slots available at no cost to the UNIVERSITY.
4. Each of the parties hereto shall be free to withdraw from this MOU at its sole and
absolute discretion if at least ninety (90) days written notice is given to all other parties hereto.
. '
City Attorney
.~'\R AFT
.j
5. An advisory board will be created to provide advice on the continuing development of
NETWORK programming, Said board shall consist of one representative from the CITY and
one from other participating cities.
6. The UNIVERSITY and the CITY shall be responsible for administration of the
NETWORK's coordination of personnel, equipment, facilities, and operations necessary to
produce programing and transmission for regular cablecasting on the NETWORK to include
some interactivity between the programs and viewers.
7. The CITY shall designate one staff member to be the contact for this MOO.
8. The UNIVERSITY shall be responsible for damages caused by the acts or omissions of
its officers, employees, or agents that occur in relation to this MOO. Likewise, the CITY shall
be responsible for damages caused by the acts or omissions of its officers, employees, or agents
that occur in relation to this MOO.
9, This MOO may be amended in writing by the mutual agreement ofthe UNIVERSITY
and the CITY.
By signing below, the UNIVERSITY and the CITY manifest their agreement to all of the
foregoing provision of this MOO.
THE CITY OF SAN BERNARDINO, a
Municipal Corporation of the
State of California
CALIFORNIA STATE UNIVERSITY,
SAN BERNARDINO
By:
By:
Date:
Date:
ATTEST:
Approved as to form
and legal content:
By:
City Clerk
Approved as to form
and legal content:
JAMES F, PENMAN,
City Attorney
;J
,i~
, ~(Q)~\7
1
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE MAYOR OF THE CITY OF SAN BERNARDINO TO
EXECUTE A CABLE NETWORK PROGRAM PRODUCTION
AND TRANSMISSION AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND THE FOUNDATION OF
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
WHEREAS, the City of San Bernardino ("City") operates a Public, Education and/or
Government channel via its local cable franchise; and
WHEREAS, the City would like to provide the public with more locally originated
programming focusing on regional interests and concerns via the City's Public, Education and/or
Government channel; and
WHEREAS, California State University, San Bernardino ("University") wishes, as part of
its public service mission, to offer relevant informational and educational television programming
to the public in the greater San Bernardino Valley area; and
WHEREAS, at the regular Mayor and Common Council meeting of May 21, 2001, the
Mayor of the City of San Bernardino was authorized to execute a Memorandum of Understanding
between the City of San Bernardino and California State University, San Bernardino whereby the
City and the University will direct and coordinate the production and transmission of programming,
including, but not limited to, business, community, cultural and news programs as well as
educational courses and distance learning, which will be appropriate for cablecast on the City's
Public, Education and/or Government channel during specified time slots; and
WHEREAS, the City and the University wish to further memorialize their arrangement by
17
18
19
20
21
22
23
24
25
26
27
28
entering into a Cable Network Program Production And Transmission Agreement, a copy of which
is attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in its entirety.
NOW, THEREFORE, be it resolved by the Mayor and Common Council of the City of San
Bernardino as follows:
SECTION 1. That the Mayor of the City of San Bernardino is authorized to execute the
afore-mentioned Cable Network Program Production And Transmission Agreement between the
City of San Bernardino and the Foundation of California State University, San Bernardino,
I
I RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
THE MAYOR OF THE CITY OF SAN BERNARDINO TO
2 EXECUTE A CABLE NETWORK PROGRAM PRODUCTION
AND TRANSMISSION AGREEMENT BETWEEN THE CITY OF
3 SAN BERNARDINO AND THE FOUNDATION OF
CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO
4
5
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meetin
6
thereof, held on the day of
7
COUNCIL MEMBERS: AYES NAYS
8
ESTRADA
9
LIEN
10
MCGINNIS
II
SCHNETZ
12
SUAREZ
13
ANDERSON
14
MCCAMMACK
15
16
17
18
, 2001, by the following vote, to wit
ABSTAIN ABSENT
CITY CLERK
The foregoing Resolution is hereby approved this
day of
,2001.
19
20
21
22
Approved as to form and
23 legal content:
24 JAMES F. PENMAN,
City Attorney
25
26 ~
27
28
JUDITH V ALLES, Mayor
City of San Bernardino
2
CABLE NETWORK PROGRAM PRODUCTION
AND TRANSMISSION AGREEMENT
The City of San Bernardino ("City") and California State University, San Bernardino ("University")
have entered into a Memorandum of Understanding whereby the University's management of the
cable network operation will not infringe upon the City's ability to manage its equipment, personnel,
and budget for locally-originated programming and contract services. Said Memorandum of
Understanding is incorporated herein by reference as if set forth in its entirety. Consistent with and
in furtherance of said Memorandum of Understanding, the City of San Bernardino ("City") and the
Foundation of California State University, San Bemardino ("Foundation") enter into this Agreement
to provide for the production and transmission of informational, educational, and cultural
programming for a cable network consortium of community channels in participating cities of the
San Bernardino valley, For this purpose, City and Foundation agree as follows:
I. Foundation and City shall cooperate in the sharing of personnel and resources to produce
informational, educational, and cultural programming to be broadcast on community
channels in participating cities of the San Bernardino valley, The programs produced shall
be compatible with broadcasting on the public, education and government channels and of
interest and value to the communities of the San Bernardino valley, The objectives of
Foundation and City will be to produce sufficient programming to fill Network prime time
programming hours.
II. Foundation and City shall each contribute equipment, facilities, and personnel to produce and
distribute the cable television programming and shall collaborate on the scheduling and use
of equipment, facilities and personnel to produce and distribute the programming. City shall
seek to contribute approximately one third of its KCSB- TV3 personnel hours for Network
prime time programming.
III. Foundation shall oversee the production and distribution of Network prime time
programming for the cable network. For use in this document, Network prime time
programming hours shall be defined as Sundays through Thursdays from 7:00 p,m. to 11
p,m, Non.network programming, production and operations shall remain under the control
of the Cable Television Manager of the City. Consistent with the provisions contained in the
afore-mentioned and incorporated by reference Memorandum of Understanding, in the City's
discretion, showing local cablecasts take precedence over showing Network prime time
programmmg.
IV. Employees of KCSB-TV3 shall remain solely City employees with salary and benefits
continuing to come to them from City; Foundation employees shall remain solely Foundation
employees with salary and benefits continuing to come to them from Foundation; and
CSUSB employees shall remain solely university employees with salary and benefits coming
to them from the state.
V. City equipment shall continue to belong to and be maintained solely by City and Foundation
1
EXHIBIT "A"
equipment will continue to belong to and be maintained solely by Foundation.
VI. Foundation shall locate its television equipment and personnel in the studios of KCSB- TV3
for an undetermined length of time and City shall provide suitable space for the cable
network's equipment, personnel, and program production operations. The cable television
network equipment and personnel and program production operations shall relocate to the
campus of California State University, San Bernardino at such time as suitable space is
available. At that time, if the City chooses, the University will make available on campus
appropriate studio space for KCSB-TV3.
VII. All revenues generated from sponsored programs and underwriting designated for the cable
television network shall be deposited with the Foundation and shall be used by the
Foundation for the production and transmission of network programming, In those cases that
the City has secured underwriting and/or contract service revenue for programming it
produces outside of the network's operation, the City shall retain said revenue,
VIII. Either City or Foundation may withdraw from this Agreement upon 180 days written notice
to the other.
By signing below, City and Foundation manifest their agreement to all of the foregoing provisions.
CITY
Dated:
By
Its
FOUNDATION
Dated:
By
Its
2
EXHIBIT "A"
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, CM.C. - Crrv CLERK
'"
P,Q. Box 1318. San Bernardino' CA 92402
300 North "D" Street. San Bernardino' CA 92418-0001
909.384,5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
June 26, 2001
Al Kamig, President
California State University, San Bernardino
5500 University Parkway
San Bernardino, CA 92407
Dear Mr, Kamig,
At the Mayor and Common Council meeting of June 18, 2001, the City of San Bernardino
adopted Resolution 2001-206 - Resolution authorizing the Mayor to execute a Cable Network
Program Production and Transmission Agreement between the City of San Bernardino and the
Foundation of California State University, San Bernardino.
Enclosed are two (2) original agreements, Please sign in the appropriate location and return one
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O, Box 1318, San
Bernardino, CA 92402, as soon as possible,
If you have any questions, please do not hesitate to contact me at (909)384-5002,
Sincerely,
;)LI('L. (Cr.. , jcr.i. (,/' (
. . I ~ .
Michelle Taylor "
Senior Secretary
Enclosure
cc: Mayor Judith Valles, City of San Bernardino
CITY Oil' SAN BERNARDINO
ADoPTED SHARED VALUES: Integrity' Accountability. Respect for Human Dignity' Honesty
~
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 2,2001
TO:
Mayor Judith Valles
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-206 - Cable Network Program Production and Transmission
Agreement
CC:
Attached is a copy of the executed agreement between the City of San Bemardino and
Foundation of California State University, San Bernardino, The original agreement is on file in
the City Clerk's Office,
If you have any questions, please call me at ext. 3206.
,;;-!
.
""
.'
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): <0 - \ '(; -0 \ Item #
Vote: Ayes 1- I Nays -A--
Change to motion to amend original documents:
::, (., Resolution #
Abstain D-
Zoo I - L.Orp
Absent -e-
Reso. # On Attachments: v Contract term: -
Note on Resolution of Attachment stored separately: -=-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY By:
NulllVoid After: ~
Date Sent to Mayor:
0-2.0-0 I
(., -2.-<---=1
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Reso, Log Updated:
Seal Impressed:
v
~-z..Z-'::'1
Date Memo/Letter Sent for Signature:
0-;H,,'C \
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: ,/' Date Returned: (,,- d'l--0 \
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes..L No By
Yes No-L By
Yes No -.L By
Yes No V By_
Yes No/
Copies Distributed to:
City Attorney
Parks & Rec,
/'
Code Compliance
Dev. Services
EDA
Finance
Others: IY1 !,qQr
f
MIS
Police
Public Services
Water
Notes:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc,)
Ready to File: (Y\,\
Date: I' ::J.-c:"
Revised 01112/01