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HomeMy WebLinkAbout27-City Administrator . 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 d ~~;( 'fg Synopsis of Previous Council action: Community Television Commission approved ;>roposed rates and fee structure on September 15, 1987. Recommended motion: Adopt Resolution ~ Contact person: James Robbins Phone: 5123 Supportlnll data attached: Yes Ward: FUNDING REQUIREMENTS: Amount: $ Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notel: n.uu 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 .... ,. ~ / ') 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 24 25 26 27 28 9-22-87 Requester Provided TAPE $15.00 $15.00 . c 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 C r "- ) ....... ' "" 1 Approved as to form and legal content: 2 3 Z 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9-22-87 . /,...... i"... ~~ - ~, 1 - -- '-' COMMUNITY ACCESS TELEVISION LEASED ACCESS POLICIES & PROCEDURES 10/1/87 :5e ..>-9 60 (:(, /' 72- ::J7 :) t'.'''''' (",.,. DOCUMENTS NEEDED Pol icy Statement Playback Request/ Checkl i st Contract Cash Receipt Contract o ,-. V 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 :) PERSON RESPONSIBLE Program Supervisor* (CATV) Finance Dept. Central Cashiering CATV Coordinator* Program Supervisor* (CATV) c 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. c c o :) 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 c o I:) :) 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: c c --.. J ") 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 ..5~-~ 00-6/-7 ~ , 1....., 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r'.... o ~) I ..... 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 1 c , 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r~ ,-., v " ) v 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. 2 r' ~" 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c "'" v -", , ,) 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 3