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HomeMy WebLinkAbout2009-05-19; City Council; 19812; Government Channel CBTV Council Policy #75CITY OF CARLSBAD - AGENDA BILL 1 AB# MTG. DEPT. 19,812 05/19/09 Comm. Establish City Council Policy #75 for Government Channel CBTVand a Channel Administration Fee DEPT. HEAD \89 CITYATTY. <&/ CITY MGR. uj^ RECOMMENDED ACTION: Adopt Resolution No. 2009-107 establishing City Council Policy 75 for City Government Channel CBTV and a Channel Administration Fee. ITEM EXPLANATION: In 2006 the passage of the state franchise law Digital Infrastructure and Video Competition Act of 2006 (DIVCA) changed some requirements for local cable companies, such as Time Warner Cable. On January 1, 2008, DIVCA became effective and created a statewide franchising process for the delivery of video services, shifted customer service to local entities, and changed public education and government (PEG) access requirements and support. Effective January 1, 2009, Time Warner Cable's duty to support PEG channel facilities shifted to local PEG channel operation. This meant the City took over responsibility for producing City Council meetings. Additionally, the City is responsible for programming a City government channel, currently designated on the Time Warner system as 24/126. AT&T and future video service providers are also required to make the necessary technical arrangements to carry the City's government channel and abide by the channel policy. The City has procured the equipment necessary to record and play live City Council meetings and to playback City government programming. The City will display a bulletin information board in between regular programming. The staff is proposing this policy to define the purpose, goals, objectives and programming priorities for the government channel. The policy will be implemented with guidelines for accepting content from other government agencies and special districts and the allocation of airtime. The proposed policy will grant authority to the City Manager or his/her designee for overall operations, programming activities and program scheduling. DEPARTMENT CONTACT: Kristina Ray 760-434-2957 Kristina.Rav@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED ^ DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D. CONTINUED TO DATE D UNKNOWN RETURNED TO STAFF D OTHER - SEE MINUTES D Page 2 FISCAL IMPACT: A fee will be charged for other government programming submissions to recover actual costs associated with administrative coordination, scheduling and preparation of programming for playback ("Channel Administration"). The fee charged will be for the actual cost of the Channel Administration services provided. Actual cost will be based on actual staff time calculated at the fully burdened overhead rate and any contractor costs. This fee will be titled, "Channel Administration Fee". The Channel Administration Fee will be added to the Master Fee Schedule during the Fiscal Year 2009-10 budget adoption. ENVIRONMENTAL IMPACT: The proposed action is exempt from environmental review pursuant to Section 15061(b)(3) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. EXHIBITS: 1. Resolution No. 2009-107 establishing City Council Policy 75 for City Government Channel CBTV and a Channel Administration Fee. 2. City Council Policy #75 1 2 8 and created a statewide franchising process for the delivery of video services, shifted companies, such as Time Warner Cable. On January 1, 2008, DIVCA became effective 9 14 15 16 17 18 21 22 RESOLUTION NO. 2009-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING CITY COUNCIL POLICY N0.75 FOR CITY GOVERNMENT CHANNEL CBTV AND A CHANNEL ADMINISTRATION FEE WHEREAS, in 2006 the passage of the state franchise law Digital Infrastructure and Video Competition Act of 2006 (DIVCA) changed some requirements for local cable 10 customer service to local entities, and changed public education and government (PEG) 11 access requirements and support. 12 WHEREAS, effective January 1, 2009, Time Warner Cable's duty to support PEG channel facilities shifted to local PEG channel operation. This meant the city took over responsibility for producing City Council meetings. Additionally, the city is responsible for programming a city government channel, currently designated on the Time Warner system as 24/126. AT&T and future video service providers are also required to make the necessary technical arrangements to carry the city's government channel and to abide by 19 the city's channel policy; and 20" WHEREAS, the city has procured the equipment necessary to record and play live City Council meetings and to playback city government programming. 23 WHEREAS, the city is proposing this policy to define the purpose, goals, 24 objectives and programming priorities for the city's government channel. The proposed 25 City Council policy will grant authority to the City Manager or his/her designee for overall 26 government channel operations, programming activities and program scheduling; and 28 •z WHEREAS, the City Council of the City of Carlsbad has the authority to establish fees for City services; and 3 WHEREAS, the City Council finds it necessary to recover the actual costs for 4 City Services; and 5 WHEREAS, a fee will be charged for other government programming 6 submissions to recover actual costs associated with administrative coordination, 7 scheduling and preparation of non-city programming for playback on the city's government8 10 11 12 13 20 21 28 channel ("Channel Administration"); and WHEREAS, the fee will be charged for the actual cost of Channel Administration services; and WHEREAS, actual cost will be based on staff time, calculated at the fully burdened overhead rate and any contractor costs ("Channel Administration Fee"). 14 WHEREAS, the Channel Administration Fee will be added to the City's annual Master Fee Schedule. 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 17 Carlsbad, California, as follows: 18 1. That the above recitations are true and correct. 2. That City Council Policy No. 75 is adopted and is effective immediately. 3. That the City Clerk is hereby authorized to provide a copy of Policy No. 75 22 to all city departments and to all persons who request a copy. 23 4. That a Channel Administration Fee is hereby established at actual cost to 24 provide Channel Administration services and is effective immediately. 25 , 5. That a Channel Administration Fee will be added to the City's Master Fee 27 Schedule. d 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of May, 2009, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Kulchin. ATTEST: LORRAINE M. WOOD, City Clerk (SEAL) CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: Page 1 of 2 Policy No. 75 Date of Issue: 05/19/09 Effective Date 05/19/09 Cancellation Date Supersedes No. Subject: City Government Channel Policy Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: This policy is to define the purpose, goals, objectives and programming priorities for the city government channel (currently Time Warner 24/126, collectively "channel" and future channels provided by AT&T and future video service providers), CBTV. This policy includes guidelines for accepting content from other government agencies and the allocation of channel time. The proposed City Council policy will grant authority to the City Manager or his/her designee for overall operations, programming activities and program scheduling. BACKGROUND: In 2006 the passage of the state franchise law Digital Infrastructure and Video Competition Act of 2006 (DIVCA) changed some requirements for local cable companies, such as Time Warner Cable. On January 1, 2008, DIVCA became effective and created a statewide franchising process for the delivery of video services, shifted customer service to local entities, and changed public education and government (PEG) access requirements and support. Effective January 1, 2009, Time Warner Cable's duty to support PEG channel facilities shifted to local PEG channel operation. This meant the city took over responsibility for producing City Council meetings. Additionally the city is also responsible for programming a city government channel, currently designated on the Time Warner system as 24/126. AT&T and future video service providers are also required to make the necessary technical arrangements to carry the city's government channel and to abide by the channel policy. POLICY: It shall be the policy of the city's channel to provide government programming of interest to the residents of Carlsbad concerning the functions, activities, programs and issues of the city and to facilitate the community's ability to learn about and participate in city government. Live and recorded programming will be used when available for playback. CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: Page 2 of 2 Policy No. 75 Date of Issue: 05 719/09 Effective Date05/19/09 Cancellation Date Supersedes No. Subject: City Government Channel Policy Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File The objectives of the city's government channel are as follows: • To inform the Carlsbad community about city issues, programs and services. • To explain the opportunities for and encourage community participation in city decision making. • To provide other governmental agency programming relating to city issues or city residents, produced in accordance with City of Carlsbad guidelines. Programming viewed on the city's government channel must fall into one or more of the following programming categories. The programming categories are listed in order of priority: 1. Emergency - Live, taped, or text and graphics programming shown at any time, as emergency dictates, to disseminate emergency instructions and critical safety information to the public and to provide accurate and complete information regarding emergency incident cause, size, status, impact and resource commitments. The City Manager or his/her designee shall approve the content and scheduling of any emergency programming. In the case of an emergency, regularly scheduled programming maybe interrupted or canceled. 2. Government Meetings/Hearings/Events - City Council meetings are intended, to the extent possible, to be aired gavel-to-gavel without editing or editorial comment. Some public meetings, city functions and special events will be recorded and edited for length for airing at times convenient to the viewing public. 3. City Services and Community Benefits - Programming that provides information about city government services and projects. 4. Other Government Agency Programming - Other government agency programming relating to city issues or city residents, produced in accordance with these guidelines, including special districts, county, state and federal agencies, relating to non-partisan programs or information concerning government services or activities regarding their respective level of government's response to community issues of local concern. A fee will be charged to other government agencies to cover all costs associated with preparation and scheduling of programming for playback. This policy delegates to the City Manager the authority to adopt an administrative order to implement and carry out this policy.