HomeMy WebLinkAbout2009-05-19; City Council; Resolution 2009-1071
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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
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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)
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access requirements and support.
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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
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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,
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objectives and programming priorities for the city's government channel. The proposed
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City Council policy will grant authority to the City Manager or his/her designee for overall
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government channel operations, programming activities and program scheduling; and
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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
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City Services; and
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WHEREAS, a fee will be charged for other government programming
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submissions to recover actual costs associated with administrative coordination,
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scheduling and preparation of non-city programming for playback on the city's government8
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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.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
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Carlsbad, California, as follows:
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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.
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4. That a Channel Administration Fee is hereby established at actual cost to
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provide Channel Administration services and is effective immediately.
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, 5. That a Channel Administration Fee will be added to the City's Master Fee
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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)