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HomeMy WebLinkAbout12/02/2003, C5 - RESOLUTION AMENDING THE GOVERNMENT ACCESS CHANNEL PROGRAM POLICY STATEMENT AND OPERATING GUIDELINES council r j accnaa Report CITY O F SAN L U I S O B I S P O FROM: Lee Price, City Cler SUBJECT: RESOLUTION AMENDING THE GOVERNMENT ACCESS CHANNEL PROGRAM POLICY STATEMENT AND OPERATING GUIDELINES FOR THE GOVERNMENT ACCESS CHANNEL CAO RECOMMENDATIONS: Adopt a Resolution amending the Government Access Channel Program Policy Statement and Operating Guidelines for the Government Access Channel (Channel 20), including a sponsor underwriting program. DISCUSSION Background: In January of 2001, the City Council adopted Resolution No. 9144 (2001 Series) approving a program policy statement and operating guidelines for the City's new government access channel, SLOView, Channel 20. These policy documents provide staff and the contract operator, KCBX.net, with guidance on what can be shown on Channel 20 and sets the fee per tape for duplication of videotapes. The program line-up for Channel 20 includes the live and video replay of Council and Planning Commission meetings. In addition, the City's Calendar advertising City meetings, programs and events runs 24/7, whenever a meeting is not being shown. Occasionally special meetings, events or special-interest videotapes are included in the broadcast schedule to augment programming; however, there is still a great deal of program capacity on the channel. Revisions to the program policy statement (which set forth what type of programming is allowed) and the operating guidelines are being proposed to provide greater flexibility in developing programming opportunities during a time when the City is foregoing new expenditures because of fiscal constraints. The concept of"underwriting": The City's Community Relations Team, which includes a representative from each department and considers matters relating to the City's public image, views the government access channel as one of the City's finest tools for communicating with the public. Due to budget constraints and limited funding dedicated to operating the government access channel, the Community Relations Team has been looking for creative ways to enhance programming. As a follow-up to the internal budget process this year, the Team began to explore the concept of underwriting, i 1 Council Agenda Report- Resolution Amending the Government Access Channel Policy Statement and Guidelines Page 2 which would allow sponsors to purchase or produce programming for the government access channel in exchange for advertising or acknowledgment on the air. For instance, a local company or organization might.be willing to pay for all or part of the operating costs to televise additional meetings of City advisory bodies; or a sporting goods store would agree to produce a video about the City's parks and/or recreation programs; or perhaps an individual would like to donate to the City a content-appropriate video for televising on the channel. The Community Relations Team conducted some outreach and collected underwriting policies from other cities and counties, as well as examined those established by the Public Broadcasting System (PBS). After determining that other agencies, using standard but rigid criteria, are already doing this successfully, the Team agreed that the next step would be to update the operating guidelines because, in their present form, they do not allow sponsorships and commercial advertising of any nature. Attachment #1 outlines the new guidelines suggested for underwriting, which are also included in the legislative draft of the revised operating guidelines (see Exhibit B of Attachment#2). It is important to note that the policy limits the identification of the sponsor to the individual or company's name, logo and telephone number, and sponsor credits may not include: • Any call to action or solicitation to purchase a product • Superlatives • Direct comparisons • Price or value information • Inducements to buy Additionally, sponsor credits may not create the perception that there is a connection between the program content and the sponsor's products or services. The policy also retains the City's absolute right to reject or modify any sponsor's material for any reason. Other restrictions apply and are outlined in the guidelines. FISCAL IMPACT There are no direct fiscal impacts related to the approval of the Program Policy Statement and Operating Guidelines, however there is the potential for generating revenue from sponsors to offset costs to produce new programs. If there is any interest by a potential sponsor to underwrite, in full or in part, costs associated with putting another advisory body's meetings on the air, staff will return to the Council with more information on a fee arrangement. Currently, the cost to provide copies of videotapes exceeds the fee charged. Increasing the copy charge per videotape will allow for full cost recovery for providing that service. r Council Agenda Report- Resolution Amending the Government Access Channel Policy Statement and Guidelines Page 3 ALTERNATIVES In the event the Council does not approve of the concept of sponsorship of programming, it is recommended that the City Council direct staff to increase the video tape duplication fee when a revised master fee schedule is next presented to the Council. Other minor revisions to the policy are also recommended for approval. ATTACHMENTS 1. New provisions regarding underwriting 2. Draft Resolution, including Exhibits A &B HAAgenda Reports\Agenda Report re 2003 GAC Operating Policy.doc N- i Attachment #1 DRAFT Government Access Channel Program Sponsorship/Partnership Policy Appropriate underwriting provides an acceptable means of generating new revenues to assist in financing existing or new programs, thereby reducing the burden on taxpayers. The City encourages creative approaches to underwriting opportunities within the following parameters: Who may be identified as asponsor? 1. Companies, corporations or divisions or subsidiaries of a corporation 2. Endowments, Enterprises and Foundations 3. Individuals Special Restrictions: 1. The City will not accept sponsor support from businesses that primarily sell or produce products such as cigarettes, tobacco products or alcohol, including distilled spirits, wine and beer. 2. The City reserves the right to refuse sponsor support from entities that may be viewed as controversial or that promote any product or position that may be contrary to the mission and goals of the City of San Luis Obispo. • The City will not accept any underwriting that is false, fraudulent, misleading, deceptive, or libelous • Relates to illegal activity • Does not conform to prevailing advertising industry standards for similar public spaces. 3. Promotion of an individual political party or politician will not be displayed. 4. The City reserves the right to refuse sponsor support from any individuals that may be viewed as promoting the personal opinion of that individuals. General Principles for Determining Acceptability: 1. The sponsor may not exercise editorial control over the content of any portion of programming or shows. 2. The public must not perceive that the sponsor has editorial control over programming or shows. 3. The public must not conclude that any program promotes sponsors' products, services or other business interests. \ Attachment #1 4. The text for sponsor credits shall be in one of the following formats: • "This program is made possible(in part) by funding from (Sponsor Name and Logo and/or brief description)", or • "Sponsored by ....", or • "Brought to you by......" Guidelines: 1. Identification: All sponsor credits must identify the sponsor by name and/or logo. The City will not accept support without proper identification. 2. Sponsor credits may not include: • Any call to action or solicitation to purchase a product • Superlatives • Direct comparisons • Price or value information • Inducements to buy 3. Telephone numbers or web site addresses are acceptable in sponsor credits only if the purpose is for the viewer to obtain more information. If the purpose is to solicit sales, however, the information is prohibited. 4. Sponsor credits may not create the perception that there is a connection between the program content and the sponsor's products or services. 5. Frequency of credits: Sponsor may receive credit only at the beginning and end of a program. 6. Program content may not be interrupted to provide a sponsor credit. 7. Duration of credits: No one credit may exceed 15 seconds; asequence of credits cannot exceed 60 seconds. 8. The City of San Luis Obispo retains the absolute right to reject or modify any sponsor's material for any reason. Approval/Authority: All sponsorship and/or partnership agreements are subject to review and approval by the City Attorney and CAO. An agreement shall be executed by all parties prior to posting any sponsorship. Revenues received shall be allocated to offset the operational costs of the sponsored programming on the City's government access channel. ATTACHMENT #2 RESOLUTION NO. (2003Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE GOVERNMENT ACCESS CHANNEL PROGRAM POLICY STATEMENT AND OPERATING GUIDELINES FOR THE GOVERNMENT ACCESS CHANNEL WHEREAS, the Council adopted Resolution No. 9144 (2001 Series) in January 2001 adopting a policy statement and operating guidelines for the City's government access channel; and WHEREAS, the City's Community Relations Team has determined that minor revisions are necessary to the policy documents; and WHEREAS, the Community Relations Team recommends that the policies be amended to provide greater opportunities to enhance programming on the government access channel. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9144 (2002 Series) is hereby rescinded. SECTION 2. The Revised Government Access Channel Program Policy Statement (Exhibit A) is hereby approved, a copy of which is attached hereto and made part of this resolution. SECTION 3. The Revised Government Access Channel Operating Guidelines (Exhibit B) are hereby approved, a copy of which is attached hereto and made part of this resolution. SECTION 4. The City Administrative Officer, or designee, is directed to operate the government access channel in accordance with said Policy Statement and the Operating Guidelines. Upon motion of seconded by and on the following roll call vote: AYES: NOES: ABSENT: C�^Lp { � I Resolution No. (2003 Series) Page 2 the foregoing resolution was adopted this 2nd day of December,2003. David F. Romero, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Jonat . Lowell, City Attorney c�� r Attachment #2 Exhibit A 44 Il 11 l���li l'It 61J�i� li �lity Of l��iIIII San US OBI SPO coveRnment access channel pnocnam policy statement mission statement The goal of municipal programming shall be to provide information to all citizens of the City of San Luis Obispo concerning community issues, policies, activities and services to create greater awareness of local government and the local decision-making process. OBJCCUVES 1. To make public proceedings and events more accessible to San Luis Obispo residents by providing live, gavel to gavel coverage of City Council and other local government meetings, as opportunities and resources permit. 2. For the convenience of the community, videotape meetings for subsequent replay to insure additional opportunities for viewing. 3. To increase community awareness of City services. 4. To provide more extensive information on key City issues and activities. S. To provide other educational information that contributes to the quality of life in San Luis Obispo. 6. To promote City sponsored or City co-sponsored special events. 7. To produce and maintain a municipal calendar which shall run at all times, except for when other City programming is scheduled. 8. To act as a source of information during local emergencies. 9. To offer presentation alternatives to the departments and divisions of the City of San Luis Obispo. 10. To improve City services by enhancing and/or standardizing training of City employees through the production of video training tapes. i Attachment #2 Exhibit B f city 0f San tins OBI s o p Government Access Channel Operating Guidelines Channel Management The City of San Luis Obispo manages the government access channel and decides which programs will be cablecast on the channel. The City Administrative Officer(hereafter"CAO"), is responsible for the daily management and programming of the channel. Programs produced by the City of SLO will provide specific information about City services, operations and decision-making and shall be consistent with the mission statement and objectives outlined in the policy statement. The City's government access channel shall provide direct, non-editorial information to the citizens of SLO concerning their city government. The government access channel is not intended to be a political forum, nor a mechanism for building support for a particular policy, program or issue. Program Content 1) All programming shall be consistent with the City's Government Access Policy Statement (hereafter"Policy Statement"). 2) Programming on the government access channel shall be non-commercial and shall meet all applicable Federal, State and local laws. 3) Eligible programming includes coverage of public meetings, promotion of City and City- sponsored events and services, and other information relating to local erfewgeneTy emergencies, elections ' , public safety in€effflatierr, p service announcements and other programming produced by the City and/or by outside sources that is consistent with the Policy Statement and these guidelines. 4) Any City department may suggest or assist in the production of programming for the channel, as resources permit. All programming must be consistent with the Policy Statement and is subject to the approval of the CAO. Departments should budget for costs associated with video production. Any programming prepared or provided by a CS -� Government Access Channel Operations Guidelines Page 2 Exhibit B City department, agency or contract producer may be modified or edited as appropriate for cablecasting. 5) Local political candidate debates may be cablecast provided that the debate is facilitated by an outside, non-partisan and impartial group or organization (League of Women Voters, for example). Debates must be approved in advance of the event by the CAO in accordance with provisions set forth in the Council Policies and Procedures as it relates to use of the Council Chamber. 6) Outside programming consistent with the Policy Statement may be cablecast on the channel. Outside programming must be acquired or sponsored by a City department or agency. All outside programming is subject to approval by the CAO. Outside programming shall not preempt any local programming. 7) Public Service Announcements (PSAs) will be solicited and produced for the channel. PSA topics shall be consistent with the Policy Statement and must be in a format acceptable as defined by the CAO. 8) Promotional announcements for events sponsored by a City department or agency are acceptable for cablecast. 9) Information for the community calendar shall be consistent with the Policy Statement and submitted through a City department or agency in accordance with guidelines established by the CAO. 10) Press conferences held for the purpose of providing information to the public but not for advocating a political position may be cablecast. 11) City sponsored events that have a cost and are open to the general public may be promoted on the channel.. Content Restrictions 1) No obscene, indecent, libelous, slanderous, or illegal material is allowed on the channel. 2) Programming will contain nothing which is subject to copyright, except where the applicant demonstrates compliance with applicable laws. CS- t0 I Government Access Channel Operations Guidelines Page 3 Exhibit B 3) , Programs should contain no commercial matter. "Commercial matter" includes: (a) any advertising material designed to promote the sale of any products or services, including advertising by or on behalf of candidates for public office or relating to ballot measures; buisin ..h a fee-the Elisplay, anneuneement efe a to eh business, r(s) (b) any material used or designed for use to solicit funds, support directly or indirectly any business or enterprise for commercial purposes, or for any political party,candidate for office or ballot measure. 4) Programs will not contain advertisement of or information concerning any lottery,gift enterprise, or similar scheme offering prizes drawn or awarded by means of any such lottery, gift enterprise or scheme. 5) Programming shall be removed from the channel if it contains untimely or incorrect information;and/or it does not meet technical standards requiring a clear audio and video signal. 6) The channel will not be used for the promotion of any elected official, candidate or ballot measure. Specific advertising messages on behalf or opposing any political candidate or measure will not be permitted. The channel is exempt from providing equal opportunities to a candidate for time incumbents spend on the channel when performing the routine duties of their position, including participation at regular and special sessions of the City Council, other public meetings and bonafide news events. 7) Requests for access to the government access channel for the purpose of advocating a personal viewpoint shall be denied.. Programming Priorities Programming priorities for the channel are listed below. The CAO may make exceptions to these priorities on a case-by-case basis. 1) Emergency programming involving public safety or health. 2) Programming of or about meetings of City policy-making bodies. 3) Programming of City departments and their services. 4) Programming of state, federal and/or City boards, commissions and authorities and/or agencies that are publicly funded. 5) Programming produced by the City and/or outside sources that is relevant to local government and community interests, which otherwise meets the Policy Statement and these guidelines. Government Access Channet Operations Guidelines Page 4 Exhibit B Programming Policies 1) Program Ownership. All programming produced by the City, its officers and agents, is property of the City. Programs produced by contract agents of the City become the property of the City and will not be sold or commercially distributed without the written permission of the City. 2) Use of Equipment. Use of the City-owned video production equipment and facilities will be limited to the City's contract operator and/or City staff who have been adequately trained. City-owned equipment will not be used for personal use nor will it be rented or loaned to any firms, organizations, or agencies. 3) Editing. Official public meetings shall not be edited or be subject to editorial comment. Any programming prepared, originated or provided by a City Department may be modified or edited as appropriate by the CAO. Text generated messages may be edited to provide clarity and to maximize use of the character generator. Should human or mechanical error result in the cablecast of incorrect information over the channel, the City and any operations contractor shall not be liable for the inaccuracy of transmitted information. 4) Channel Operating Hours. The channel shall be available to operate 24-hours per day, seven days per week if appropriate and as resources permit. 5) Scheduling. Scheduling shall be the responsibility of the CAO, and shall be consistent with the orderly development of diversified programming. Emergency messages affecting the health, safety and general welfare of City residents shall receive highest priority at all times over regularly scheduled programs. Scheduling or programming conflicts will be resolved by the CAO. 6) Program Playback Log. The operator shall keep and maintain a daily log of all programming cablecast on the channel for each playback day. Log information shall include program title, airtime, and length of program or other information as deemed appropriate. Retention of the log shall be defined in the City's record retention schedule. 7) Baek uta, Tar c The epefateF shall whenever.possible, Faake a A ph t tape at i timthe or-iginal f b as a baek tip. 8) Retention of Tapes. Videotapes shall not be considered an official record of public meetings. Tapesare the property of the City of San Luis Obispo. Tapes shall be retained according to the City's record retention schedule and/or State law. At the end of the scheduled retention time, all tapes will be erased and re-used, or discarded as appropriate. C�' I � Government Access Channel Operations Guidelines Page s Exhibit B 9) Tape Duplication. Requests for copies of tapes must be made in writing pursuant to the Public Records Act and are subject to a eha«e of$1 0.00--fee set by the Council, as part of the City's Master Fee Schedule. 10) Programming Acquisition and Exchange. Cooperative arrangements and agreements with local educational programmers, broadcasters, cable companies and other production groups may be established for efficient operations and communications. Projeram Sponsorship/Partnership Policy: Appropriate underwriting provides an acceptable means of generating new revenues to assist in financing existing or new programs, thereby reducing the burden on taxpayers. The City encourages creative approaches to underwriting opportunities within the following parameters:. Who may be identified as a sponsor? 1. Companies, corporations or divisions or subsidiaries of a corporation 2. Endowments. Enterprises and Foundations 3. Individuals Special Restrictions: 1. The City will not accept sponsor support from businesses that primarily sell or produce products such as cigarettes, tobacco products or alcohol, including distilled spirits, wine and beer. 2. The City reserves the right to refuse sponsor support from entities that may be viewed as controversial or that promote any product or position that may be contrary to the mission and goals of the City of San Luis Obispo. • The City will not accept any underwriting that is false, fraudulent, misleading, deceptive, or libelous • Relates to illegal activitv • Does not conform to prevailing advertising industry standards for similar public spaces. 3. Promotion of an individual political party or politician will not be displayed. 4. The City reserves the right to refuse sponsor support from any individuaUs that may be viewed as promoting the personal opinion of that individuaUs. Government Access Channel Operations Guidelines Page 6 Exhibit B General Principles for Determining cceptability: 1. The sponsor may not exercise editorial control over the content of any portion of Programming or shows. 2. The public must not perceive that the sponsor has editorial control over programming or shows. 3. The public must not conclude that any program promotes sponsors'products, services or other business interests. 4. The text for sponsor credits shall be in one of the following formats: • "This program is made possible (in part) by funding from(Sponsor Name and Logo and/or brief description)", or • "Sponsored by ....", or • "Brought to you by......" Guidelines: 1. Identification: All sponsor credits must identify the sponsor by name and/or logo. The City will not accept support without proper identification. 2. Sponsor credits may not include: • Any call to action or solicitation to purchase a product • Superlatives • Direct comparisons • Price or value information • Inducements to buy 3. Telephone numbers or web site addresses are acceptable insponsor credits only-if the purpose is for the viewer to obtain more information. If the purpose is to solicit sales, however,the information is prohibited. 4. Sponsor credits may not create the perception that there is a connection between the program content and the sponsor's products or services. 5. Freauencv of credits: Sponsor may receive credit only at the beginning and end of a program. 6. Program content may not be interrupted to provide a sponsor credit. 7. Duration of credits: No one credit may exceed 15 seconds; a sequence of credits cannot exceed 60 seconds. 8. The City of San Luis Obispo retains.the absolute right to reject or modi an"y sponsor's material for any reason. Government Access Channel Operations Guidelines Page 7 Exhibit B Approval/Authority:. All sponsorship and/or partnership agreements are subject to review and approval by the City Attorney and CAO. An agreement shall be executed by all parties prior to posting any sponsorship. Revenues received shall be allocated to offset the operational costs.of the sponsored programming on the City's government access channel. City Council and Planning Commission Meeting Coverage 1) Regular City Council meetings will be cablecast gavel-to-gavel, excluding closed sessions. Special meetings will be cablecast gavel-to-gavel, whenever possible. 2) Regular Planning Commission meetings will be cablecast gavel-to-gavel. Special meetings will be cablecast gavel-to-gavel, whenever possible. 3) Public meeting coverage will not be edited or subject to editorial comment. Editing of technical difficulties is permitted. 4) Coverage will be focused on the officially recognized speaker or on any visual information that may be displayed as part of a presentation. 5) There shall be no reaction shots. 6) A City-operated character generated message may indicate the name of the officially recognized speaker, identification of the matter(s) being considered by the Council/Commission,and the date of the discussion. 7) Public meetings taped for cablecast will be re-cablecast at least once, if possible. 8) Meetings not held in the Council Chamber require special equipment and additional staffing and may be videotaped for later cablecast with the prior approval of the CAO, as resources permit. 9) The Minutes shall remain the official record of the proceedings. I ' Government Access Channel Operations Guidelines Page 8 Exhibit B City Advisory Bodies, Task Forces and other Public Hearings Coverage will be as resources permit and will generally conform to all of the provisions of live cablecasting of City Council meetings. Coverage may be live or videotaped and aired at a later time. Coverage will be replayed if airtime is available. Public Meetings of Other Government Entities Public meetings held in the Council Chamber by other government entities may be cablecast live or videotaped and aired at a later date if approved in advance of the event by the CAO. Said approval shall conform to the provisions set forth in the Council Policies & Procedures as it relates to the use of the Council Chamber. The City maintains the right to request compensation for costs incurred by the City for coverage of meetings held by other governmental entities. Coverage will be replayed if airtime is available. Use During Emergencies Government use of the channel during emergencies and disasters declared by the Mayor of the City of San Luis Obispo has absolute priority over other programming. During such emergencies or disasters, the channel shall be permitted to accept live, taped, charger-generated and audio information from other governmental or non-governmental entities when such announcements are deemed to provide important public information pertaining to the emergency or disaster or other conditions requiring protection of the public health, safety and welfare. Technical Standards All programs submitted or produced for cablecast must meet the following technical standards: 1) Tape format must be 3/a inch videocassette, or other format as specified by the operator. 2) Video and audio quality must be acceptable for cablecast transmission, as determined by the operator. Audio must be audible with minimal noise when amplified. 3) Program must be no more than a third generation dub with a minimum of color smearing. Tapes with excessive "drop-outs" or other technical problems will not be accepted. 4) Tapes submitted for cablecast or produced by the City shall be clearly labeled with the following information: a) Title of program b) Name of producer Government Access Channel Operations Guidelines Page 9 Exhibit B c) Total running time (TRT) in minutes; seconds from fade-up to fade-out. d) Audio channel designation (if applicable) e) Number of segments on each tape (if applicable) f) Generation of dub if not cablecast master g) Multiple tapes for a single program shall be clearly labeled(ex: Title,Tape# 1 of 3, Tape #2 of 3, etc.) 5) All tapes (with the exception of public meeting coverage) must begin with a title slate and time with no less than 10 seconds of color bars followed by a 10-second countdown and 2 seconds of studio black. 6) Tapes should have no less than 15 seconds of black at the end. 7) All tapes must have consistent control track.