HomeMy WebLinkAbout07/19/2005, C6 - APPROVAL OF A CABLE TELEVISION PUBLIC, EDUCATIONAL AND GOVERNMENT (PEG) ACCESS OPERATING PLAN council *6/01
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CITY OF SAN LUIS 0BISP0
FROM: Wendy George,ACAO wi
Prepared By: Betsy Kiser, Principal Administrative Analyst
SUBJECT: APPROVAL OF A CABLE TELEVISION PUBLIC, EDUCATIONAL AND
GOVERNMENT (PEG) ACCESS OPERATING PLAN
CAO RECOMMENDATION
1. Adopt a resolution approving the PEG Access Operating Plan.
2. Enter into an agreement with San Luis Obispo County Public Access, Inc. for use of the
public portion of PEG Access funds.
3. Enter into an agreement with San Luis Coastal Unified School District for maintenance of
the educational portion of PEG Access funds.
4. Authorize the CAO to issue a Request for Proposals for improvementsto the City's
broadcast capabilities using the government portion of PEG Access funds and to award a
contract in an amount not to exceed$200,000.
DISCUSSION
Backeround
In March 2005, the City Council approved guiding principles to allow for the development of a
PEG Access Operating Plan, as required under the current franchise agreement for subsequent
release of PEG operating funds collected by Charter Communications from its customers.
Council also approved the designation of SLO County Public Access, Inc. (Public Access
Television) and the San Luis Coastal Unified School District (SLCUSD) as the sole providers
respectively of public and educational access in the City of San Luis Obispo. Finally, approval
was given to distribute the funds equally between the City of San Luis Obispo, Public Access
Television and SLCUSD to use solely.for PEG access equipment and facilities. In March, those
funds were just over $600,000 with anticipated annual revenues of approximately $78,000 per
year.
PEG OyeratinQ Plan
As stipulated in the Cable Franchise Agreement, to qualify for release of the PEG Access funds,
the City must develop an Operating Plan that contains the following information:
(a) List of intended PEG users;
(b) Planned type and level of programming for each user,
(c) Capital equipment,facilities and estimated costs required to support the intended uses;
(d) User commitments by Grantor(the City) or another PEG user to cover operating expenses
for at least a three (3) year period. The user commitments shall be approved by resolution
of the City Council;
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CAR—PEG Access Operating Plan Page 2
(e) An evaluation by Grantor that the existing public facilities and equipment are inadequate
to meet the needs of the operating program; and
(f) A statement of the amount requested and that the amount requested is less than or equal
to the amount available in the PEG Fund.
Staff has worked with Public Access Television and the SLCUSD to develop an Operating Plan
to meet the criteria listed above (Attachment 1). The Operating Plan incorporates a proposal and
funding request from Public Access Television, .an agreement with SLCUSD and the
Government Access Channel Operating Guidelines adopted by the City Council on January 16,
2001 (Resolution 9144) and amended on December 2, 2003 (Resolution 9511).
In reviewing the Operating Plan, it is important to note that the SLCUSD is not yet prepared to
make a decision to operate the educational access channel. They have options available to them
and may eventually sub-contract with the San Luis Obispo County Office of Education to
provide the service. The proposed agreement with SLCUSD allows them up to three years to
decide how they want to provide programming to the educational community. In the meantime,
the City will hold in trust all funds dedicated to the provision of educational programming and
services until such time as SLCUSD can prepare a plan of operation for educational
programming, as stipulated above. Charter Communications has demonstrated a great deal of
flexibility in discussions regarding the Operating Plan, and has indicated a willingness to accept
an Operating Plan that allows SLCUSD time to formulate their plan.
The Cable Franchise Agreement requires that user commitments be approved by resolution of the
Council.. Since those commitments are contained in the Operating Plan, staff is asking that the
entire Plan be approved by resolution to meet the requirement.
Agreements with Public Access Television and SLCUSD
To implement the Operating Plan, agreements were developed with Public Access Television and
SLCUSD for the use of PEG Access funds. The agreements stipulate how the funds are to be
used and the terms under which current and future funds are to be released. Both agreements are
attached. (Attachment 2 and 3) Both agreements are for three (3) years;. although Public Access
Television can extend their agreement for two additional periods of three (3) years each.
SLCUSD will be required to renegotiate or amend its contract once it determines how to best to
manage its funds, or.at the end of the contract term, whichever comes earlier.
An important point to highlight is how the funds will be administered. The Finance &
Information Technology Department will establish individual accounts for each PEG component.
Public Access Television will access funding using one of the following methods:
1. Submit paid invoices to the City. Upon receipt of paid invoices from Public
Access Television, the City shall reimburse Public Access Television within thirty
(30) days of the request.
2. Submit unpaid.invoices to the City. Upon receipt of unpaid invoices, the City
shall process the request and make payments directly to vendors within 30 days of
the request.
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CAR—PEG Access Operating Plan Page 3
3. Funds may not be claimed by Public Access Television until such funds are
received by the City from Charter Communications, per the franchise agreement.
The City will hold all educational access funds plus interest for SLCUSD until such time as
SLCUSD develops its operating plan. Once the plan is in place, funds will be released to the
school district as they accrue,through terms specified in an amended agreement..
Authorization to Prepare a Request for Proposals
Once the PEG Operating Plan is filed with Charter Communications, the cable company has
sixty (60) days to release PEG Access funds. Based on the City's need toupgrade the equipment
in both the Council Chambers and the broadcasting room, staff would like authorization for the
CAO to approve a Request for Proposals and to award a contract in an amount not to exceed
$200,000. Funding for the improvements would come from the City's portion of the PEG
Access funds, which are estimated to be in excess of $200,000. The Operating Plan contains a
list of currently needed equipment and can be found in Attachment 1.
The Franchise Agreement stipulates that PEG Access funds can be used solely for PEG Access
equipment and facilities, not for operations. Therefore, each year hereafter, staff will develop a
list of upgrades to the system and: the funds will be used to purchase or upgrade whatever
equipment is necessary to continue providing high quality government programming.
CONCURRENCES
Staff has worked closely with both Public. Access Television and SLCUSD to develop the
agreements. SLCUSD's Board of Education approved the agreement on Tuesday, June 5, 2005.
A letter of approval is attached. (Attachment.4)
FISCAL IMPACT
By approving the PEG Access Operating Plan, the City will be eligible to receive over$200,000
in government access funds (one-third of total). We anticipate that the cost of needed upgrades
to the City's equipment will be in excess of$100,000, but will be covered by the funds that will
be coming to the City. In future years, the City's share of revenues will stabilize at
approximately$26,000 per year.
There will be only minimal financial impact associated with managing the public and educational
access funds for Public Access Television and SLCUSD.
ATTACHMENTS
1. Resolution adopting PEG Access Operating Plan
2. Agreement with Public Access Television
3. Agreement with SLCUSD
4. Letter from SLCUSD approving a Bement
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G:VCset\Cable Television\CAR—Operating Plan 71905
ATTACHMENT 1
RESOLUTION NO. .(2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE CABLE TELEVISION PUBLIC,EDUCATION AND GOVERNMENT
(PEG)ACCESS OPERATING PLAN
WHEREAS, the City of San Luis Obispo has granted a franchise to Charter
Communications to operate a cable television system.in the City; and
WHEREAS, said franchise agreement requires Charter Communications to provide certain
channel capacity for PEG access programming; and
WHEREAS, said franchise agreement requires Charter Communications to establish a PEG
Fund, to be used solely for PEG access equipment and facilities; equal to one percent (1%) of gross
revenues, and
WHEREAS, to qualify for the release of the PEG Access funds, the City must develop an
Operating Plan and submit said Operating Plan to Charter Communications; and
WHEREAS, the City of San Luis Obispo has developed a PEG Access Operating Plan and
desires to have PEG Access funds released.
NOW; THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The attached City of San Luis Obispo Public, Educational and Governmental
(PEG)Access Operating.Plan is hereby approved.
SECTION 2. Charter Communications is requested to provide all funds accrued in the PEG
Access Fund to the City of San Luis Obispo within sixty (60) days of receipt of this resolution and a
copy of the City of San Luis Obispo Public, Educational and Governmental (PEG) Access Operating
Plan.
Upon motion of- - __ _ _ seconded by -- -
and on the following roll call vote:
AYES:
NOES:
ABSENT:
R
ATTACHMENT 1
Resolution No. (2005 Series)
Page 2
The foregoing resolution was adopted this day of 2005.
David F. Romero, Mayor
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jo a ,_. . Lowell, City Attorney
MACHMEIT 1
City of San Luis Obispo
Public,Educational and Governmental (PEG)Access
OPERATING PLAN
The following information constitutes the City of San Luis Obispo's PEG Access Operating
Plan, as stipulated in the 1995 Cable Franchise Agreement between the City and the cable
operator, for use of the PEG fund to purchase PEG access equipment and facilities.
List of Intended PEG Users
1. SIA County Public Access Television (Public)
2. San Luis Coastal Unified School District (Education)
3. City of San Luis Obispo (Government)
Planned Type and Level of_Programming. for Each User
1. SLO County Public Access Television (Public)—See Exhibit A
2. San Luis Coastal Unified School District (Education)—See Exhibit B
3. Government Access Channel (Government)—. See Exhibit C
Capital Equipment.Facilities and Estimated Costs Required to Support the.Intended Uses
1. SLO County Public Access Television(Public)—See Exhibit A
2. San Luis Coastal Unified School District (Education)—See Exhibit B
3. Government Access Channel (Government)—See Exhibit C
User Commitments
1. SLO County Public Access Television (Public)—See Exhibit A
2. San Luis Coastal Unified School District(Education)—See Exhibit B
3. Govefnment Access Channel (Government)—See Exhibit C
.Evaluation by Grantor of Inadequate Public Facilities.and Eduipment
Exhibit D
Statement of Amount Requested
Exhibit E
G:\StafM6ser\Cab1e TelevisionTEG ACCESS OPERATING PLAMOperating Plan 120804.doc
SL,�► SLO County Public Access a eWslon
270 Bridge Street
Oum,
. San Luis Obispo CA 93401
PUBLIC ACCESS TELEVISION
November 30, 2004
Audrey Hooper, City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Dear Audrey Hooper,
SLO County Public Access Television is pleased to present this application for funding of much needed
production equipment. Our single purpose is to provide quality public programming to the residents of
San Luis Obispo County in cooperation with Charter Communications. These proposed publicly funded
assets should remain in the public domain.and ownership should remain in the hands of the City of San
Luis Obispo or Charter Communications, whichever is preferred.
"Attachment A"represents the intended users of the publicly fiuided equipment. This is a list of current
producers and programming spanning the years 2003-2004. We average 80-85 shows at any given time.
This list will change as programs leave Public Access and new programs are introduced.
"Attachment.B" is our actual schedule for the month of December 2004 for Public Access Channel 2.
The type and level of productions will vary greatly. Several programs are produced and directed by a sin-
gle entity while others are professionally produced. All programming must be approved by our Scheduling
Committee for content and appropriateness of presentation. This intervention is consistent with our By-
Laws as approved by out State of California and the Federal non-profit status.
Although Cuesta College provides a small studio to its students, it is not accessible for Public Access pro-
ductions. Their system is publicly funded through the State Department of Education for their curriculum.
To our knowledge,there is no other publicly funded equipment available in the County for Public Access
Broadcast requirements.
Our broadcasts facilities will remain with Charter Communication located at 270 Bridge Street in the City
of San Luis Obispo. Although small,the generously provided studio is adequate for our productions and
the proposed equipment can be housed and remain secure in this location. A storage facility is being pro-
posed to house props and equipment not used on a daily basis. Charter will be providing the necessary
space for this storage facility on sight. Charter has made a long term commitment to Public Access Televi-
sion for space and equipment(LAN room). Your three year commitment for facilities has been met with
this commitment from Charter Communications.
-- i I -A
Audrey Hooper, City Clerk Page 2
City of San Luis Obispo
Re: Public Access PEG proposal
This final portion of our proposal represents the necessary equipment for the continued operation of Public Ac-
cess Television. Although Charter Communications has been actively supporting our goals for quality pro-
gramming,the initial equipment provided is no longer adequate and parts are virtually impossible to come by.
The decks are worn and many can no longer be adequately serviced. Some are still working and can be inte-
grated into the new system we are requesting. Several producers are still using VHS formats and it would be
expensive for them to try and convert to a totally new system at this time. As the VHS decks continue to wear,
notice will be given that the new formant will be DVD and changes must be made. Editing equipment will be
made available to them to help with this transition.
EOUIPMENT_REOUEST
DVD Uyarade•
Quantity Part Number Description Unit Price Extension
1 LETCDIP Leightronix TCP/IP Network Controller $4,399.95 $4,399.95
1 None Available Knox 64x8 Video Router 2,000.00 2,000.00
1 None Available Knox 64x8 Audio Router 2,400.00 2,400.00
1 KNX-RCF Knox Chameleon Rackframe 1,349.00 .1,349.00
1 Not Available Leightronix Interface to Knox Router 250.00 250.00
3 DVPCX777ES Sony 400 disc DVD changer 549.00 1,647.00
3 PLSYDVDCH Plus Bus interface for Sony DVP-CX777ES 495.00 1,485.00
5 SORDRGX7 Sony DVD recorder 349.00 1,745.00
1 DAVP299 Datavideo Distribution Amplifier 155.00 155.00
2 510 TecNec AV Comparator 469.00 938.00
2 CM TecNec Rackmount 54.00 108.00
1 CP4 TecNec Power Supply 38.00 76.00
2 CP-5 TecNec Link cable 19.60 39.20
1 Not Available Knox Chameleon Scheduler Program 299.00 299.00
1 KR-105VB Kramer Video Distribution Airiplifier 135.00 135.00
Sub-Total: $17,026,15
Sales Tax: $1,319.53
Shipping and Handling: $400.00 (estimated at this time)
Installation: $4,500.00
Annual Maintenance: $2;400.00
DVD Upgrade total: $25,645.68
CCR -�
Andrey Hooper,City Clerk rage a
City of San Luis Obispo
Ices Public Access PEG Proposal
EOUIIPMENT.REOUEST(continued)
LIGHTING:
nantit Part Number Description Unit Price Extension
2 Keno-Flo Studio Lighting $4,400.00 $8,800.00
2 Non Available Soft Moles&teenie weenies 800.00 1;600.00
I Non Available Lighting Controller Board 3,900.00 .3,900.00
5 Non Available Replacement Lights 200. 00 1,000.00
Sub-Total Lighting Equipment: $15,300.00
Sales Tax: $1,185.75
Shipping &Handling: $350.00
Installation: $3;200.00
Annual.Maintenance: $1.,800.00
Grand Total Lighting: $21,835.75
AUDIO BROADCAST:
Qg4atity PartNumber Description Unit-Price Extension
6 NonAvailable Studio Microphones $ 650.00 $3900.00
1 Non Available Mixer-Patch Bay 4,800.00 4;800.00
4 Non Available Production Monitors 700.00 2,800.00
Sub-Total Audio Broadcast: $11,500.00
Sales Tax: $891.25
Shipping&Handling. $2%00
Installation: $500.00
Annual Maintenance: $1,200
Grand Total Audio Broadcast: $14,341.25
CONTROL ROOM:
Quantity Part Number Description Unit Price Extension
1 Non Available Camera and monitor switchers $6,400.00 $6,400.00
8 Non Available Source Decks(record) 1,000.00 8,000:00
8 Non Available Monitors 700.00 5,600.00
Sub-Total Control Room: $20,000.00
Sales Tax' $1,550.00
Shipping&Handling: $250.00
installation: $750.00
Annual Maintenance: $1,200.00
Grand Total Control Room: $23,750.00
ep - 9
Audrey Hooper,City Clerk
City of San Luis Obispo
Re: Public Access PEG proposal
EQUIPMENT-REQUEST (continued)
STUDIO:
uantit Part-Number Description Unit Price Extension
2 Non Available Stage Curtains(45 feet each) $3,000.00 $6,000.00
8 Non Available Director&Guest Chairs 75.00 600.00
1 Non Available Rolling ladder for set&light adjustments 230.00 230.00
25 Non Available Display& Props for programming 2,200.00
1 Non Available Replacement Cables Package& Adapters 2,100.00 2,100.00
1 Non Available Misc Supplies(lens paper;batteries; gaffer
Tape, video tapes, DVD's,tool box etc) 1500.00 1,500.00
Sub-Total Studio: $12,630.00
Sales Tax: $978:83
Shipping& Handling: $420.00
Installation: $200.00
Annual Maintenance: $600.00
Grand Total Studio: $141828.83
STORAGE:
Quantity Part Number Description Unit Price Extension
1 Non Available Waterproof& Secure Storage Shed
12'x20' $2,400.00 $2,400.00
Sub-Total Storage: $2,400
Sales Tax: $186.00
Shipping&Handling: $200
Installation Included
Annual Maintenance: $200
Grand Total Storage: $2,986.00
�� —icy
�uhi6rtA
Audrey Hooper,City Cleric Page 5
City of San Luis Obispo
Re: Public Access PEG proposal
COMMENT REOUEST(continued)
CAMERAS .TRIPODS & RECORD/PLAYBACK DECKS:.
Quant it Part Number Description Unit Price Extension
3 DVC 200 Digital Cameras.for Studio $3,500.00 $10,500.00
2 DVC100A Digital Field Cameras 4,600:00 9,200.00
1 DVC 30 Digital Field Camera 3;200.00 3,200.00
4 Not Available Tripods for light &medium use 400.00 2,000.00
1 Not Available Field Kit (lighting) 3,500.00 3,500.00
1 Not Available Field Kit (microphones) 2,150.00 2,150.00
1 Not Available Field Kit (mixers) 1,300.00 11300.00
Sub-Total Cameras $31,850.00
Sales Tax: $2,468.38
Shipping& Handling: $385.00
Installation: $500.00
Annual Maintenance: $2,400:00
Grand Total Cameras: $379604.38
These necessary components total$140,991.89. We are looking forward to your submission to the City of San
Luis Obispo City Council for funding. Should you have any questions or require any additional information,
please feel free to call Bill.Rabenaldt 773-4473,Todd Leal 748-6174 or John Kert (technical support) 773-6680.
Sincere ,
Bill Rabenaldt, Co-President
Todd.Leal, Co-President
SLO Coun ty Public Access Television, Inc.
LLo -(/
SLO Public Access Television
Proposal to the City of San Luis Obispo
Attachment "A"
A
I. George Abraham Picture The Past
2. Chloe Adresen Trail Mix
3. Randy JAIIen Rick Martel Show
4. Sandy Allen A Work of Art
5. Donald jAnderson rt.Center
6. Bob 113anner Hopedance
7. ThomasBarber Sermons By The Sea
8. David Igaurngarteh P.L.O.T.
9. Teri Bayus IkeaRty Estate
10.Leslie 18earce jobispo Outlook;Cable Classics
11.Robert Bearce 6 O'Clock News;Obispo Outlooks;Slo
Issues
12.Ronald Bearce Obispo Outlook SLO
Issues;Proyecto Unido
13.John lBerquist Endtime Insights
14.Bruce Boriack Endtime Insights
15.Shawn 113ostrom jDo Parasites Rule the World?
16.Kris 113oughman Endtime Insights
17.Randy 113rachman IRescue Me
18.Jack Bra hears lWhat Shall I Believe?
19.13rad Brown Its 3AM;Now What?;Hope for
Hockey;SIT
20.Teresa 113ruce jUnited Way
F-2 I.Cameron ICaimey
22.Anet lCarlin IBuddhism
23.Michael 10astellanosjPeggy Penny
24.Joy lChalkerIFEndome Insights
25.13avid lChambers Endtime Insights
26. Rosemary lCochran 1136dging Heaven Earth
27.Cinthia lColeman ITodster Show
28.Benny ICook Endtime Insights
29.Tod Comwall TO Cornwall Show
u
. 30.James Costanzo What Shall I Believe?
31.Fran Dukehart-
Rebuck
32.Jaron Faber iEndtime Insights
- -- -
33.Merrell IFankhauser ITiki Lounge
34.Patrick Irarley
35.Rich IFerguson, Imagic
36.Betty Field-Haley IPainting in Nature;Fine Arts Access
37.Warren Frankel The Last.Hour
--- -- --- - -- -
38.CLint George Baha'l Show
39-Joe lGolfing ITV Plus
40.Elliott IGong lGong About
-
41.Michael lGraf JA Night in Space
42.Judith IGraham jChai Time
43.0aniel IGrant IHomeless Band
44.Harold jHallikainen Together In Time
45.Pamela lHeatherington ECO-SLO
46.Deb IHernandez IM.B. Museum
47.8r anne jHolrnberg ISLO issues
48.8ara IHorne ILWV
49.Andrew Howard-Greene TV Plus
50.Tyrone lHuff IlDigital Flickx
51.Robert JHUrless lWhat Shall I Believe
52.Richard_ Jackson_
53.Trudy IJarraft ILWV
54.1-ionel Johnston State of the County
55.Shane Keeling Queen Evergreen
56.Kristi Kefty HealthWorks
57.John Kert A Work of Art;Positive Living
M
58.LaVaun IKinderknecht IQ
ueen Evergreen
59.Linda IKirk jEndtime Insights
60.Gary lKirkland On Second Thought
61.Peggy IKoteen Animal emancipation
62.Peggy Koteen Animal Emancipation
63.Wayne ILabins Endtime Insights
64.Hyde ILaura lRelationship Wisdom
65.Todd ILeal Todster Show
66.Andy I.Lee IThe Rough Cut
67.0ail ILightfoot lWhy Liberty_Matters
68.Robert ILloyd
69.Rick IMartel Rick Martel Show
70.Judith IMatta Orthodox Christian Mission
71.Monique IMatta ICulture Club I
72.George IMay Endtime Insights
73.Brian IMcKinley Endtime Insights
74.Karren IMcNight IJust Show Us How
75.Daniel Imelbourne IThat Which Is
76.Alese&Mark IMiller ITrail Mix
77.Bruce IlAiller IBald Spot Theatre
78.Tommy IMiner JAII In His Hands
79.Earle Murie lWhat Shall I Believe?
so.James 10berst IWhy Liberty Matters
81.Chrs j0dell ITruth For Today
82.David Orlando Calvary Chapel of Atas_cadero
83.Peggy Penny Peggy Penny Show
84.Terry Perry Rescue Me
85.Jack Peshong Picture The Past
86.John Pryor Kdshnamurti Thought
�f 6—/s
gy,h, b ,4 A
87.N ichael Passarelli Tell Momma All About It
88.Nathan lQualls 18LO issues
89.8ill lRabenaldt lHigh Profile
90.Dylan IRhoads
9.1.Monique ISchutte lChristian Science Bible Lesson
92.Bonne IScott, lGardening 101_
193.David 19mith 1151cture The Past
94.Robin 18mi,th lChildren & Famfi es _
95.Brian Snavely Skits-O-Phrenic
96.Brenda Istarr jDare To Go Digital
97.Anne Steele
98. Tom Stephenson lRelationship Wisdom
99.Kari Stealer ECO-SLO
100. Joan Sullivan Picture The Past
101. Fred ITarwater
102. Bruce ITownsend IThe Truth
1 103. Zeke ITurley lWake Up!
104. Paul ITvvedt ITell Momma All About It
105. Mark IVan Dyke R-Environment
106. Richard IVan DykeJR-Environment
107. Richard lVenable lWhy Liberty Matters
108. Linda Villlanueva- Community News-Aqui!
lQuisenberry
109. Gene Vine
110. Jeff Volk
Ill. Robert Volk A Night in Space
112. Phil Wagner Gangaji
113. Shirley Walker
114. Prez Washington lWildlife Wonders;LOL;PGW Show
115. Robin White Peggy Penny
CG-/�
116. James lWilde Life Worth Living
117. Mark Wilde ILife Worth Living
118; Brent jWfIley 1what Shall I Believe?
119. Brian_. Williams TV Plus �
120. Mitzi Williams _ lCentrif Coast Good News
12.1__ Noah 1011son Smiley Crew Sideshow
122. Steve Wohlberg Endtime insights
123. Debby jWright
124. Corey Yamaguchi Rare-Derr
125. Rusty 12a,ne Language of the Soul
126; Mike lZelina II
�G/7
SLO Public Access 'Television
Proposal to the City of Sari Luis Obispo
Attachment 6613"
AM MONDAY TUESDAY WEDNESDAY THUR.SD Y FRIDAY I SATURDAY SUNDAY AM
12:00 The smacyt]aw RareJerr Tild Lounge PGW Show. fVGWShqw 12:00
RoughCot mow [pit I
:30 The Rough Cut WBdNeWndra. :30
01:00 Tod Cornwall Adoral 01:00
Adam Emundpatiaa
:30 ldPaflon Calvary Chapd 30
of Atasadero
02:00 On Se6and On Second 02:00
30 Tib Lowe Thought Thought :30
03:00 _ 03:00
30 HOCKEY HOCK" :30
04:00 Ill Lounge 04:00
05 05:00
06:00 Community RogerwMiams 06:00
06:30 News 30
07:00 w6u/Bdie6ey We Q The City Democracy CSdva`ry bpd mbooaooD"o"r?oaat 07:00
X
07:30 Buddha Surfer R/Environ. Krisimamurti Now Proyeetoiluble OfAtascade o :30
Telma
08:00 JAU worm>kft Fa Disdosme Thought Picture the 1lberiyMatters Krishnamurti Bridging Heaven 08:00
30 Baamesa is Good The Truth Past Business is Thought &Earth 30
w/B.Townsead Good
09:00 Comm.]rnL Tild Lounge Amazing Proyedo Uatdo That Wi&h Ta 09:00
Discoveries
30 Rescue Me! 4 4 4 4 4 4_ ::30
10:00 Aa m Ha Hinds " ryM + Tell Mima 10:00
30 ECO-SLO Democracy Full Disclosure PGW Cal Poly Gong About Gong About 30
11:00 Hopedance Now Seemms by the Sea TV BIgh sermons by/Sea 11:00
6&Clock
- :30 Eekankar Ecl®nkar All hi Hb Hands News Last Hour Profile WBetleMa r :30
NOON Everyday Life Tild Lounge Culture Club Bible Study Gangap Queen Evergreen NOON
:30 Liberty- Children& Plotlines D�thaa rc�was WRdBfe wd:s :30
MIZImisdam
01:00 Krish&murd Families Now What+ Swasm's By The Children& High 01:00
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30 Thought Roger That Which Is AH HA Families Profile :30
Wmiams.
02:00 Proyeeto Uniido Picture the Gsngaji Bible Study wbaHBeum? AB io I$Hada 02:00
Past
30 YourJalushaw Debut Rescue Me! Now What szzzauxxxzz :30-
03:00 Culture Chub Yunnan Show Truth For GOOD DOG TV A Work of Art The Truth 03:00
:30 Relationship
Showcase Md,s Speak Out Today Budwo Is Good Kids Speak Oat UveR.owtlon :30
wisdom
04:00 Resemble! Resale Me! ttco cto uve oo lavation Rtlafi�shtp wamire wor: Oq•00
Wtvdom
30 Queen Everyday life Buddha Surfer R-Environ 30
Bridging Ey` Television
05:00 C ah'arychapel Heaven&Ea th Tod Cornwall sa i Deenoteary Sr.O Dimovaey 05:00
30 Of Atasradero Live/Location AH HA Plotlines TheTraah wRi Good Dog TV :30
Townsend
06:00 Cable Classics Community The 6 O'Clock News at 6 News at 6 Tell Momma We g The city 06:00
:30 FioenrtsAcons News NewsHour SIA Iuues SLO Issues Gen About Gong About :30
07:00 Peggy P&uy ormodoscaasr-an Rip Uie worth Momma-Live- — Childi in& thri>am sclREW 07:00
MIZIUM Wisdom Lhmg BIbk Lessou
30 R/Environ. Picture the Hopedanoe 9P n®mss Rick Martel Families Tiki Lounge - 30
08:00 A Wurk of Art Past Positive LjvW Positive Ihing Culture Club PeM&P&O A Work of Art 08:00
30 PaluftWatu a Cable C! Pahuing/Natme Good Dog TV FbaeAria Access YoarJ=Sbu* PabraWNstme :30
09:00 Rick Martel High A Work of Art Rick Martel Positive Fall Dbclowre Truth for 09:00
:30 Pro51e Culture Club Ao>Vd—opa! o Today :30
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'30 Showcase Show Showcase cable t1� Proyedo Uddo :30
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30 Tod Cornwall Peggy Penny Peggy Penny Peggy Peary TildLounge Cmw Show 30
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C6-�9
EXHIBIT B
Until such time as San Luis Coastal Unified School District prepares a
formal plan of operation for educational programming; the attached
Agreement constitutes its portion of the Operating Plan.
Exti�b�+ 3
AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO
AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
FOR USE OF PEG ACCESS FUNDS (E-PORTION)
This Agreement is made this _ day of 2005, by and between
the City of San Luis Obispo, a municipal corporation ("City'), and San Luis Coastal
Unified School District ("SLCUSD"), who agree as follows:
RECITALS
WHEREAS the City desires to provide support for the use of cable television
public, education, and government ("PEG') access channels operated pursuant to
federal law; and
WHEREAS the City has granted a franchise to Charter Communications to
operate a cable television system in the City; and
WHEREAS Ordinance No. 1278 (1993 Series) and the Cable Television
Franchise Agreement dated April 20, 1995, indicates that the City may designate
nonprofit access management entity(ies) to operate and administer the PEG access
facilities, services and programming; and
WHEREAS said franchise agreement with Charter Communications provides that.
certain channel capacity be made available for PEG access; and
WHEREAS the franchise agreement with Charter Communications provides that
certain initial and ongoing payments shall be made by Charter Communications for PEG
access capital equipment and facilities; and
WHEREAS the franchise agreement with Charter Communications provides that
certain payments and in-kind services shall be provided by Charter Communications to
support the operations of the PEG access facilities, equipment and channels; and
WHEREAS the Franchise Agreement with Charter Communications provides that
plans of operation for PEG access must be developed and approved by City before any
funds dedicated to the provision of PEG'access facilities, services, and programming
may be released to the nonprofit management entities,designated by City to provide
such services; and
WHEREAS plans of operation for the public and government portions of PEG
access have been developed and approved by City; and
�k Ali bid- r3
Agreement with SLCUSD for Education Access Television Page 2
WHEREAS SLCUSD, as the nonprofit management entity designated by City for
the education programming and services portion of PEG access, has not yet had an
opportunity to prepare such an operational plan; and
WHEREAS, in order not to further delay distribution of the public and government
portions of such access funding, City and SLCUSD have agreed that City may distribute
the public and government portions of such funds to the respective nonprofit
management entities designated by City for such programming and services, while
holding in trust for the benefit of SLCUSD and its constituents, all funds (including
interest thereon) dedicated to the provision of education programming and services until
such time that SLCUSD can prepare a plan of operation for operational programming as
stipulated in the City's Franchise Agreement with Charter Communications; and
WHEREAS SLCUSD has requested the City hold on its behalf all funds
dedicated to the provision of educational programming and services until such time that
SLCUSD can prepare a plan of operation for educational programming as stipulated in
the City's franchise agreement with Charter Communications; and
WHEREAS the parties seek to enter into this agreement to preserve PEG access
funding (E portion) for SLCUSD's use and allow SLCUSD sufficient time to develop a
proper plan of operation.
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein, the parties agree as follows:
SECTION 1. DEVELOPMENT OF PLAN OF OPERATION. SLCUSD shall
pursue development of and subsequent approval by the City, a Plan of Operation for the
provision of educational programming and services pursuant to Section 5.1 of the Cable
Television Franchise Agreement dated April 20, 1995.
SECTION 2. HOLDING OF PEG ACCESS FUNDS. City shall hold those
monies it receives for PEG access (E-portion) for eventual payment to SLCUSD once
SLCUSD commences its Plan of Operation in accordance with a PEG contract between
the City:and SLCUSD. City shall hold said monies in trust for the benefit of SLCUSD.
All interest earned on such funds, whether such funds ar`e separately invested or are
held as part of a pooled investment account,. shall accrue to the benefit of and be paid.
to SLCUSD along with the principal amount of PEG education access funds.
Agreement with SLCUSD for Education Access Television Page 3
SECTION 3. TERM OF AGREEMENT: The term of this Agreement shall be for
three (3) years, commencing July 1 , 2005; and expiring on June 30, 2008. In the event
that City has not approved SLCUSD's plan of operation by said expiration date, or if City
has approved such plan and SLCUSD has not commenced implementation of said plan
of operation by said date, then. City shall continue to hold said PEG education access
funds (and accrued interest thereoh) in trust for the benefit of SLCUSD', and the parties
stall negotiate in good faith amendments to this agreement necessary to enable City to
approve, and SLCUSD to implem,ent, an appropriate plan of operation with respect to
the expenditure of such funds.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date written above.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By-:---
Audrey Hooper, City Clerk Mayor David F.,Romero
APPROVED AS TO FORM. SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT
By:
joridP. Lowell, City Attorney Edward T; Valentine, Superintendent
EXHIBIT C!i
l V.
city o f
San luI S OBISPO
Govennment access channel
pttocaam 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.
OBjectives
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.
5. 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.
C� -2
EXHIBIT L!
city
of
�r SdYI ILII S OBISPO
Govenmuent Access Channel
Operating Guidelines
Channel.Manazement
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
l) 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,information relating to local emergencies,elections,public
safety service announcements and other programming produced by the City and/or by
outside sources that is consistent with the Policy'Stateinent 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
City department, agency or contract producer may be modified or edited as appropriate
for cablecasting.
Cho -.ZS
Government Access Channel Operations Guidelines
Page 2
S) 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.
G) Outside programming consistent.with the Policy Statement may 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 positionmay 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,libelousi slanderous,of 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.
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;
or(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:
ClQ-o2(p
= IU�Xhi bA-G
Government Access Channel Operations Guidelines
Page 3
4) Programs will not contain advertisement.of or information concerning any tottery,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 exetitpt-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.
ProgrammiRg 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.
Programming Policies
1) Program Ownership. All programming produced by the City, itsofficers 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.
I -27
exhl,bif c
Government Access Channel Operations Guidelines
Page 4
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 [seep 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) Retention of Tapes. Videotapes shall not be considered an official record of public meetings.
Tapes are 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.
8) Tape Duplication. Requests for copies of tapes must be made in writing pursuant to the
Public Records Act and are subject to a fee set by the Council, as part of the City's Master
Fee Schedule.
9) Programming_Acguisition 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.
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 a.sponsor?
1. Companies,corporations or divisions or subsidiaries of a corporation
2. Endowments,Enterprises and Foundations
3. Individuals who are residents of the City of San Luis Obispo.
c6-ap
EX�ti b�+ C
Government Access Channel Operations Guidelines
.Page 5
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.
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
proles•
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:
Ex III bi C
Government Access Channel Operations Guidelines
Page 6
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.
o 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 individualls that may be
viewed as promoting the personal opinion of that individual/s.
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 Plannin$_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.
Cifl- 30
�xhIto
Government Access Channel Operations Guidelines
Page 7
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.
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 ata 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.
Government Access Channel Operations Guidelines
Page 8
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
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(dx: Title,Tape# I 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 b&s followed by a l0-second countdown and 2
seconds of studio black.
6) Tapes should have no less than 15 seconds of black at the end.
1) All tapes must have consistent control track.
2,
Exhibit C
Government Access Channel Equipment List Proposal
Item No._ . Description
1 Hitachi Eagle,Model#HV-D30 _
5 Camera system,PTZ,Lens and Remote Controller
2 Sierra Video,Model#3208VAA
Routing Switcher system
3 Sierra Video,Model#Black DA
Distribution Amp
4 Keywest,Model#BVTBC-10
Frame Store TBC
5 Chyron,Model#MicroScnbe
Character Generator
6 Keywest,Model#LGST-200
Downstream inserter
7 Kramer,Model#VP7O6SC
Scan converter 1024068
8 Panasonic,Model#BM503
Sea 5"B&W monitors
9 JVC,Model#TM-A2100U
21"color monitor
10 Ocean Matrix,Model#LA52
Audio monitor amp _
11 Ocean Matrix,Model#UUM2TC
Audio level meter
12 Ocean Matrix,Model RK2
Rack Mount
13 Pioneer,Model#PVR-LXI
DVD Recorder
14 Panasonic,Model#EVM85
DVDNCR player
15 Leightronics,Model#TCD 1/P
Replay controller
16 Leightronics,Model#TCD RIP
Disk based recorder/player
17 Leightronics,Model#TCD/SIE
Control for Sierra Switcher
18 ABLE
Miscellaneous cable
19 Various---
Miscellaneous
arious __Miscellaneous Connectors
20 Labor
System installation
Estimated cost for this proposal is$110,000.
C�- 33
EXHIBIT D
Evaluation by Grantor of Inadequate Public Facilities and Equipment
Public Access Television. See attached letter from Charter Communications referencing
the inadequacy of the equipment currently available for use by San Luis Obispo Public
Access Television at the Charter Communications television studio.-
Education Access Television. Currently, San Luis Coastal Unified School District does
not operate an education access channel and therefore has no equipment and facilities to
do so.
Government Access.Television. Currently, the City of San Luis Obispo operates the
Government Access Channel. The attached statement from Audrey Hooper, City Clerk,
ad'dres'ses the existing problems occurring with channel operations and the need for
upgrading equipment.
G.-\StaftUGser\Cable Television\PEG ACCESS OPERATING PLAMEXHIBIT D-Inadequate Facilities and Equipment.doc
C�-3�
JUL. 8.2005 11:15AM CHARTER COMM SLO NO.763 P.1/1
,ojCNhAorter
A w REa woaLo CoraANY„
Wendy George July 7, 2005
Assistant City Administrator
990 Palm Street
San Luis Obispo,Ca, 93401
Dear Wendy:
For approximately the past six years Charter.Communioations has supported our local
Public Access producers by providing a studio and equipment at Charter's expense and
without the help of any PEG fees. This group of producers has grown.in numbers and
continues to flourish.
At the time this equipment was purchased it was"state of the art"but as with any
electronic or technical equipment in this day and age"state of the art"is short lived
Some of the equipment cannot be replaced or repaired because it has become obsolete
and is either no longer being produced or parts are no longer available for repairs. We do
send cameras and decks out for repair and will continue to do so with any other items that
can be repaired;but the time has come for an upgrade to the system.
As required by its cable franchise with the City of San Luis Obispo Charter has
established a PEG fund to be used by the City solely for PEG access equipment and
facilities. These costs have been passed through our subscribers. Charter requests that a
portion of these fees be utilized to upgrade or replace equipment in ofder to continue to
support Public Access m' our community..
Cordially,
,4tized
Sylvia Biddle
Government Relations Manager
170 Bndge Street e San luls Oplsm Calftmia•9301
ww cha twzwv-isk 80.5.544.1962•fru:SOUAIM42.
Extiilo,4- I
F7777-_- Upgiadtng the City of San Luis Obispo Broadcasting System
Why are we doing this?
1) Failing equipment: tape decks, monitors,et-c.
a) Equipment was installed February 2000 and is reaching obsolescence.
2) Need to enhance the production capabilities of the system
a) Increase playback scheduling capabilities to broadcast more programs.
b) Improve manipulation of"lower third" and"crawl" on-screen graphics.
3) Need to replace and upgrade existing cameras.
a) Current cameras are security cameras and they need to be brought up to broadcasting
standards
b) The picture quality needs to be enhanced..
c) Current pan, zoom; and focus capabilities are unacceptable. The image is not viewable
during pan, zoom and focus because of excessive movement it jerks. Proportional
pan,tilt, and zoom i's required.
d) Preserve unobtrusiveness ("low profile") of the existing cameras.
4) Need to move from an analog tape-based system to a digital hard drive-based system.,
a) Won't have to buy costly SVHS tapes @$12.00 vs.DVDs @ $1.00 each.
b) Less storage requirements: tapes are physically larger than DVDs.
c) Eight tape machines are failing and the current plan is to replace six of them with two
hard drives. Two tape machines will be retained for playback on request. For
comparison purposes, a tape machine is $1200 and each replacement hard drive is
approximately$200.
5) Need to replace existing character generator:
a) The old one continually locks up and has to be rebooted. The system is not supported.
W The on-screen graphics cannot be created nor edited while broadcasting live.
6) Need a system that will accept additional cameras.
a) The current system is limited to four cameras with no future expansion capabilities.
b) Expansion of the broadcasting system to the Council Hearing Room has been anticipated.
Audrey Hooper
City Clerk
City of San Luis Obispo
1ACity Clerk\Upgrade To Broadcasting System.DOC Last printed 7n2005 5:16 PM
34
I 1
EXHIBIT E
Statement of Amount Requested
Amount Available: Approximately $600,000
Amount Requested for Equipment Purchases: $252,000
Amount Requested for Release: Total amount held_ in reserve by Charter
Communications
Public Access Television is requesting, approximately $141,000 for the purchase of
equipment for Public Access programming.
San Luis Coastal Unified School District is not requesting funds at this time:
The City of San Luis Obispo is requesting approximately $111,000 for the purchase of
equipment for Government Access programming.
G:\StaMKisa\Cable TelevisionTEG ACCESS OPERATING PLAN\EXHBrr E-Statement of Amount Requested.doc
C� -37
ATTACHMe f 2
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND
SLO COUNTY PUBLIC ACCESS TELEVISION, INC.
AGREEMENT'
This Agreement is made this— day of 2005, by and between the City
of San Luis Obispo, a municipal corporation ("City"), and SLO County Public Access
Television, Inc., a nonprofit corporation ("PAT), who agree as follows:
RECITALS
WHEREAS, the City desires to provide support for the use of cable television
public, educational, and government (`PEG") access channels operated pursuant to
federal law; and
WHEREAS, the City has granted a franchise to Charter Communications to
operate a cable television system in the City; and.
WHEREAS, City Ordinance No. 1278 (1993. Series) and the franchise agreement
between the City and Charter Communications dated April 20 , 1995, provides that the
City may negotiate an agreement for management of PEG access facilities, services and
programming, if so desired; and
WHEREAS, said.franchise agreement with Charter Communications provides that
certain channel capacity be made available for PEG access; and
WHEREAS, the franchise agreement with Charter Communications provides that
certain initial and ongoing payments shall be made by Charter Communications for PEG
access capital equipment and facilities; and
WHEREAS, the franchise agreement with Charter Communications provides that
certain payments and in-kind services shall be provided by Charter Communications to
�G-3�
Agreement with SIA Coun.__ <'ublic Access Television,Inc. _ Page 2 AiTA Jl IME I P�
support the operations of the PEG access facilities., equipment and channels; and
WHEREAS, under the franchise agreement the City will provide support for PEG
access through the dedication of an amount equal to one percent (1%) of Charter
Communications' gross receipts; and
WHEREAS, PAT, as a nonprofit public access management entity, has indicated
its interest in serving the community by providing the public programming and services
portion (P portion) of PEG access.
NOW, THEREFORE, in consideration of the mutual promises and covenants set forth
herein, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES: In exchange for the funding provided by the City to
PAT, pursuant to this Agreement, PAT shall provide the following services:
A. OPERATE PUBLIC ACCESS CABLE CHANNEL. Operate the public access
cable channel for public/community access programming purposes in a
manner which is consistent with the principles set forth in Ordinance No. 1278,
with the primary purpose being to administer; coordinate, and assist those
requesting access on a nondiscriminatory basis.
B. OPERATE COMMUNITY ACCESS CENTER. Manage a video production.
facility and equipment, available for public use at such hours and times as are
determined by PAT. Access to equipment and facilities shall be open to all
those who satisfactorily complete training class(es) provided by PAT
C. PROVIDE EQUAL ACCESS. Provide access to the use of the equipment,
facilities, channels, and services provided hereunder on a non-discriminatory
basis to all members of the community for non-commercial programming
purposes, whether individuals, groups, or organizations, on a first-come, first-
served non-discriminatory basis; pursuant to operating policies and
cc -39
ATTACHMENTS
Agreement with SLO Cour,,_ .tblic Access Television;Inc. Page.3
procedures,promulgated by PAT and consistent with the principles set forth in
Ordinance No. 1278.
D. DEVELOP OPERATING POLICIES AND PROCEDURES. Subject to City
approval, develop policies and procedures for use and operation of the public
access equipment, facilities, and channel and file such policies and
procedures with the City.
E. COMPLIANCE WITH LAWS RULES, AND REGULATIONS. Administer the
public access channel and facilities in compliance with applicable laws, rules,
regulations, and in compliance with the Ordinance No. 1278 and the franchise
agreement between the City and Charter Communications.
F.. TRAINING, Train, City "residents in the technique_s of video production, and
provide technical advice in the execution of productions.
G. PLA YBACK/CABLECAST Provide for the playback/cablecasting of programs
on the public access channel. Within twelve months of the completion and
opening of the access center, PAT shall cablecas#an average of fifty-six (56)
hours of local original, replayed and outside programming per week (eight
hours/day, seven days/week).
H. MAINTENANCE OF EQUIPMENT. Provide "regular maintenance and repair of
all video equipment purchased with monies received pursuant to this
Agreement..
1. SPECIAL NEEDS GROUPS. Support special needs groups, including but not
limited to those with hearing impairments, in program production through
training and other means.
J. PROMOTION. Actively promote the use and benefit of the public access
Agreement with SLO Coun 'ablic Access Television,Inc. Page 4 ATTAGWRff
channel and facilities to cable subscribers, the public, public access users, and
Charter Communications.
K. PERFORMANCE REVIEW. As a condition of agreement renewal, PAT shall,
after three (3) years of operation under this Agreement, contract with an entity
expert in in public access matters to conduct a performance review of PAT's
operations. This review shall include an opportunity for public access users
and cable subscribers to provide input. Upon completion, a copy of the
performance review shall be submitted to the City.
L. OTHER ACTIVITIES. Undertake other public access programming activities
and services as deemed appropriate by PAT and consistent with the obligation
to facilitate and promote access programming and provide nondiscriminatory
access.
M. ADDITIONAL SERVICES. Provide such other additional services as set forth
in the November 30, 2004 letter from PAT attached and incorporated herein as
Exhibit A.
SECTION 2. CHANNELS OPEN TO PUBLIC: PAT agrees to keep the public access
channel open to all potential users regardless of their viewpoint, subject to FCC
regulations and other relevant laws. Neither the City,.nor Charter Communications, nor
PAT shall have the authority to control the content of programming placed on the public
access channel so long as such programming is lawful. Provided that, nothing herein
shall prevent PAT, the City, or Charter Communications from producing or sponsoring
programming, prevent the City or the Charter Communications from underwriting
programming, or prevent the City, Cable Company, or PAT from engaging in activities
designed to promote production of certain types of programming or use by targeted
groups as consistent with applicable law and rules for use of channels. PAT may develop
and enforce policies and procedures which are designed to promote local.use of the
channel and make programming accessible to the viewing public, consistent with such
time, manner, and place regulations as are appropriate to provide for and promote use of
public access channels, equipment and facilities.
C�v��
Agreement with SLO Coum. ubhc Access Television,Inc: Page 5 ATTACH 1 2
SECTION 3. INDEMNIFICATION. PAT shall indemnify, defend, and hold harmless the
City; its officers, agents, and employees and volunteers from and against any and all
claims, suits, actions, causes of action, losses, damage, or liabilities of any kind, nature
or description, including, payment of litigation costs and attorneys' fees; brought by any
person or persons for or on account of any loss, damage or injury to person, property or
any other interest, tangible or intangible; sustained by or accruing to any person or
persons, howsoever the same may be caused, directly or indirectly arising or resulting
from any alleged acts or omission of the PAT, its officers, employees, agents or
subcontractors arising out of or resulting from the performance of this Agreement.
PAT shall indemnify and hold harmless City, its officers, agents, employees and
volunteers from and against any and all claims or other injury, including costs of litigation
and attorney's fees, arising from or in connection with claims or loss or damage to
person or property arising out of the failure to comply with any applicable laws, rules,
regulations or other requirements of local, state or federal authorities, for claims of libel,
slander, invasions of privacy, or infringement of common law or statutory copyright, for
breach of contract of other injury or damage in law or at equity which claims, directly or
indirectly, result from PAT use of channels, funds, equipment, facilities or staff granted
under this Agreement or the franchise agreement.
City shall indemnify; defend, and hold harmless PAT, its officers, agents, and employees
and volunteers from and against any and all claims, suits, actions, causes of action,
losses, damage, or liabilities of any kind, nature or description, including, payment of
litigation costs and attorneys' fees; brought by any person or persons for or on account
of any loss, damage or injury to person, property or any other interest, tangible or
intangible, sustained by or accruing to any person or persons, howsoever the same may
be caused, directly or indirectly.arising or resulting solely from any alleged acts or
omission of the City, its officers, employees, agents or subcontractors arising out of or
resulting from the City's performance of this Agreement..
ATTACHMEK 2
Agreement with SLO Coun._ -ublic Access Television, Inc. Page 6
SECTION.4. COPYRIGHT CLEARANCE..Before cablecasting video transmissions PAT
shall require all users to agree in writing that they shall make all appropriate
arrangements to obtain all rights to all material cablecast and clearances from broadcast
stations, networks, sponsors, music licensing organizations' representatives, and without
limitation from the foregoing, any and all other persons as may be necessary to transmit
its or their program material over the public access channel that is operated and
managed by PAT. PAT shall maintain for the applicable statute of limitations for City's
inspection, upon reasonable notice by City and for the term of the applicable statute of
limitations, copies of all such user agreements.
SECTION-5-COPYRIGHT AND OWNERSHIP. PAT shall own the copyright of any
programs which it may choose from time to time to produce. Copyright of programming
produced by the public shall be held by such person(s) who produces said programming.
SECTION 6. DISTRIBUTION RIGHTS.
A. PAT shall require that.all programs produced with funds, equipment, facilities,
or staff granted under this Agreement shall be distributed on the channel
whose use is authorized by this Agreement. This subparagraph shall not be
interpreted to restrict other distribution (beyond distribution on channels
authorized by this Agreement), so long as such other distribution is consistent
with any pertinent guidelines established in the public access operating
policies and procedures.
B. At least at the beginning and end of each day that video programming is
cablecast on the public access channel whose use is authorized by this
Agreement, PAT shall display a credit stating "Partial funding for the operation
of this channel is provided by the City of San Luis Obispo." Such credit shall
also state that opinions expressed in public access programs are the sole
responsibility of the program producers.
MACHU�
Agreement with SLO Coun, ublic Access Television, Inc. Page 7
SECTION 7. EQUIPMENT AND FACILITIES.
A. PAT shall be responsible for maintenance of all equipment and facilities
owned, leased or loaned to it under this Agreement or purchased with funds
provided pursuant to this Agreement.
B. Pursuant to the terms of the Franchise Agreement established with Charter
Communications, the City of San Luis Obispo shall retain ownership of all
equipment and facilities acquired by PAT and purchased with funds received
pursuant to this Agreement, and upon termination or non-renewal of this
Agreement all such equipment or facilities purchased with funds received
pursuant to this Agreement shall be returned to the City.
To secure all of its obligations under this Agreement, PAT hereby grants to
City a security interest in all of the assets and interests owned or hereafter
acquired by PAT with funds provided by the City, and the proceeds thereof,
including but not limited to; PAT deposit accounts and inventory, and all
equipment and fixtures, that are or were acquired with funds provided by the
City. PAT agrees to take all steps reasonably requested by City to perfect and
enforce the City's security interest, including the execution and processing of
financing statements and continuation statements under the California Uniform
Commercial Code. PAT will also notify any institution with whom it now or
hereafter maintains any deposit account of the existence of the City's security
interest in the account.
The City agrees to subordinate its interest if necessary to finance the purchase
of equipment or property. The subordination shall only be with respect to the
specific equipment or property that PAT might wish to finance.
C. Upon the dissolution of PAT or termination of this agreement with PAT, it shall,
subject to the approval of the City, transfer all assets of PAT representing City-
Agreement with SLO Coun. 'ublic Access Television, Inc. Page 8 AnV11U 2
funded equipment and facilities, and/or the proceeds of either to the City, or at
the City's option, to such organization or organizations designated by the City
to manage public access which shall at the time qualify as a tax exempt
organization(s) under Section 501(c)(3) of the Internal Revenue Code (or the
corresponding provisions of any future United States Internal Revenue Law).
SECTION-8. INSURANCE. PAT shall maintain in full force and effect at all times during
:the term of this Agreement insurance as required by this Section. The cost of such
insurance shall be bome by PAT and may be included in PAT annual budget.
A. COMMERCIAL GENERAL LIABILITY INSURANCE. Commercial General
liability insurance, including protective, completed operations and broad form
contractual liability, property damage and personal injury coverage, and
comprehensive automobile liability including owned, hired, and non-owned
automobile coverage. The limits of such coverage shall be: (1) bodily injury
including death, $1,000,000 for each person, each occurrence and aggregate;
(2) property damage,.$1,000,000 for each occurrence and aggregate.
Defense costs must be paid in addition to limits..
.B. EQUIPMENT INSURANCE. Insurance shall be maintained on all equipment
and facilities, including fixtures, funded in whole or in part under this
.Agreement to replacement cost. The insurance shall include, at a minimum,
insurance against loss or damage beyond the user's control, theft, fire or
natural catastrophe. City shall be shown as lien holder on all policies.
C. WORKERS'COMPENSATION. Full Workers' Compensation Insurance and
Employer's Liability with limits as required by California law with an insurance
carrier satisfactory to the.City.
D. CABLECASTER'S ERRORS AND OMISSION INSURANCE Insurance shall
be maintained to cover the content of productions which are cablecast on the
CG-t��
ATTAGHMEW 2.
Agreement with SLO Coun. lublic Access Television, Inc.. Page 9
access channel in, at minimum, the following areas: libel and slander;
copyright or trademark infringement; infliction of emotional distress, invasion of
privacy; plagiarism; misuse of musical or literary materials. This policy shall
not be required to cover individual access producers.
E. CITY AS CO-INSURED OR ADDITIONAL INSURED. The City shall be named
as a co-insured or additional insured on all aforementioned insurance
coverages. The policies shall provide that no cancellation, major change in
coverage or expiration may be affected by the insurance company or PAT
without first giving the City thirty (30) days written notice prior to the effective
date of such cancellation or change in coverage. Any insurance or self-
insurance maintained by the City, its officers, agents, employees, or volunteers
shall be in excess of the PAT insurance and shall not contribute to it.
F. NOTIFICATION OF COVERAGE. PAT shall file with the City proof of
insurance coverage as follows: (1) Commercial General Liability and Workers'
Compensation upon commencement of the employment of the Executive
Director; (2) equipment insurance upon the acquisition of any equipment; (3)
cablecaster's error and omission insurance within thirty (30) days of the
commencement of cablecasting of programming on the designated access
channel. Original endorsements effecting general liability and automobile
liability coverage required by this section must be provided before work
commences.
SECTION 9. NON-DISCRIMINATION IN EMPLOYMENT AND SERVICE.
A. PAT shall not discriminate against any person, employee or applicant for
employment or subcontractor on the basis of race, color, creed, religion, sex,
sexual preference, marital status, ancestry, national origin or physical or
mental handicap.
B. Grantee shall not discriminate in the delivery of services on the basis on race,
A1TAGHMO f 2
Agreement with SLO Coun Iublic Access Television, Inc. Page 10
color, creed, religion, sex, sexual preference, marital status, an ancestry,
national origin or physical or mental handicap.
SECTION 1.0.-INDEPENDENT CONTRACTOR. It is understood and agreed that.PAT is
an independent contractor and that no relationship of principa lagent or
employer/employee exists between the City and PAT. If in the performance of this
Agreement any third persons are employed by PAT, such persons shall be entirely and
exclusively under the control, direction and supervision of PAT. All terms of employment,
including hours, wages, working conditions, discipline, hiring and discharging or any
other term of employment shall be determined by PAT'.and the City shall have no right or
authority over such persons or terms of employment.
SECTION 11. ASSIGNMENT AND SUBLETTING. Neither this Agreement nor any
interest herein shall be assigned_ or transferred by PAT, except as expressly authorized
in writing by City.
SECTION 12. ANNUAL REPORTS. Prior to May 31 of each year, PAT shall submit to
City an annual report for the preceding fiscal year (January 1 - December 31). This
report shall contain, at a minimum, the following information:
A. Statistics on programming and services provided;
B. Current and complete listing of-Grantees' Board of Directors;
C. Year-end financial statements audited by an independent certified public
accountant.
D. An inventory of equipment purchased with funds provided by the City.
SECTION.13. FISCAL--RECORDS.
A. . PAT shall maintain all necessary.books and records, in accordance with
generally accepted accounting principles.
Agreement with SLO Coun ublic Access Television, Inc. Page 11 ' 'RC1 tMENT 2
B. Upon reasonable request from City, PAT shall; at any time during normal
business hours, make available all of its records with respect to all matters
covered by this Agreement.
SECTION 14. FUNDING AND OTHER RESOURCES. The City agrees to make the
following funds and resources available to PAT:
A. Charter Communications has dedicated certain channel capacity (spectrum on
the cable system) for PEG access use. The City agrees to permit PAT to
manage channel capacity for public access programming purposes.
B. Funding for Public Access Facilities and Equipment. The City agrees to
provide to PAT up to thirty-three percent.(33%) of all funds that it receives from
Charter Communications for PEG access. PAT shall utilize such funds for the
purchase of equipment and facilities to be used for the purposes delineated in
this Agreement. PAT shall access funding using one of the following methods;
1. Submit paid invoices to the City. Upon receipt of paid invoices from PAT,
the City shall reimburse PAT within thirty (30) days of the request.
2. Submit unpaid invoices to the City. Upon receipt of unpaid invoices, the
City shall process the request and make payments directly to vendors
within 30 days of the request.
3. Funds may not.be claimed, by PAT until such funds are received by the City
from Charter Communications per the franchise agreement.
C. Funding for Public Access Services. The City shall provide PAT thirty-three
percent (33%) of the fees paid to the City by Charter Communications for PEG
Access. These funds shall be held in a.special account by the City,
designated "Cable Public Access Support Fund" available only to support
ATTACHMEW2
Agreement with SLO Cour. .'ublic Access Television,'Inc. Page 12
public access as designated under this Agreement, and shall be available to
support the public access services described previously in the "Scope of
Services" of this Agreement. These funds shall be disbursed to PAT irr
accordance with the timeline specified in Section 11 of this Agreement.
SECTION 15. ANNUAL BUDGET AND ACTIVITIES PLAN.
A. On or before August 15th of each year in which this Agreement is in effect, City
shall provide PAT with an estimate of the funds that it will receive from Charter
Communications that will be available to PAT for the upcoming fiscal year. As
used herein, the fiscal year begins on January 1 and ends on December 31.
B. On or before September 30 of each year in which this Agreement is in effect,
PAT shall provide to the City an Annual Budget and.Activities Plan outlining
activities and programs planned for the following fiscal year with funds and
channel(s) received from the City. Such plan shall contain;
1. A statement of anticipated number of hours of local original publicaccess
programming;
2. Training classes to be offered and frequency of classes; and
3. Other access activities planned by PAT; and
4. A detailed operating and capital equipment and facilities budget.
SECTION 16.EXPENDITURE.OF FUNDS. PAT shall spend funds received from City
solely for the purposes listed in its Annual Budget and Activities Plan and Section 1
(Scope of Services) of this Agreement. Funds not expended in the year covered by the
Annual Budget and Activities Plan may be carried over for use by PAT into succeeding
years. Upon termination of this Agreement all funds designated for public access and not
expended by PAT shall remain with the City.
ATUMEM
Agreement with SLO Cour, Iublic Access Television, Inc. Page 13
SECTION 17. RECEIPT OF APPROVED FUNDING. For each year in which PAT has
submitted the Annual Budget and Activities Plan to the City as required under Section 15
of this Agreement, City shall make payments to PAT or on behalf of PAT as specified in
SECTION 14.B. above.
SECTION 18. FUNDING FROM OTHER SOURCES. PAT may, during the course of this
Agreement, receive supplemental funds from other sources, including, but.not limited to
fundraising activities.
SECTION 19. TERM OF AGREEMENT. This Agreement shall be for a period of three (3)
years commencing on and ending on unless
terminated earlier, as provided in this Agreement. This Agreement may be extended, by
mutual agreement of the City and PAT, in writing, for two additional periods of three (3)
years each in accordance with Section 21 of this Agreement.
SECTION 20. TERMINATION OF AGREEMENT: TRANSFER OF ASSETS.
A. The City shall have the right upon one hundred twenty (120) days written
notice to PAT to terminate this Agreement for:
1. Breach of any provision of this Agreement by PAT;
2. Malfeasance, misfeasance, misappropriation of public funds; or
3. Loss of 501(c)(3) status.by PAT.
B. PAT may avoid termination 6y curing any such breach to the satisfaction of the
City within one hundred twenty (120) days of notification or within a time frame
agreed to by the City and PAT. The City may also terminate this Agreement at
the expiration of its term, or any extension thereof.
C. Upon termination of this Agreement, PAT shall immediately transfer to the City
all equipment, real property,.fixtures, contracts, leases, deposit accounts or
other assets received by or purchased by PAT with funds received pursuant to
bio-S'o
Agreement with SLO Coui_ :'ublic Access Television,Inc. Page 14
this Agreement.
SECTION 21. EXTENSION OF AGREEMENT. This Agreement maybe renewed or
extended for two additional periods of three (3) years each, pursuant to the following
process:
A.. If PAT seeks an extension of this Agreement it shall submit to the City a
letter of intent requesting extension.
B. The City shall respond to PAT letter of intent to request extension. If the City
intends to refuse to extend the Agreement, it shall explain the reasons for
this decision in its response to PAT. The City_may not,refuse to extend the
contract based upon a failure of PAT to comply with the terms, of this
Agreement unless the City has provided.PAT a notice of its.failure to comply
with the terms and the opportunity to cure said noncompliance.
SECTION 22. TIME. Time is of the essence in this Agreement and for the performance
of all covenants and conditions of this Agreement-
SECTION_23-COOPERATION.
greement-SECTION-23-COOPERATION. Each party agrees to execute all documents and do all
things necessary and appropriate to carry out the provisions of this Agreement.
SECTION 24..APPLICABLE LAW. This Agreement shall be interpreted and enforced
under the laws of the State of California.
SECTION 25. NOTICES. All notices and other communications to be given by either
party may be given in writing, depositing the same in the United States mail, postage
prepaid and addressed to the appropriate party as follows:
To Attn: Audrey Hooper, City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
ARAMENT2
Agreement with SLO CouL 'ublic Access Television, Inc. Page 15
To President
SLO County Public Access Television, Inc.
P.O..Box 7155
San Luis Obispo, CA 93412-7155
Any party may change its address for notice by written notice to the other party at any
time:
SECTION 26. ENTIRE AGREEMENT. This Agreement is the entire agreement of the
parties and supersedes all prior negotiations and agreements whether written or oral.
This Agreement may be amended only by written agreement and no purported oral
amendment to this Agreement shall be valid.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date
written above.
ATTEST: CITY OF SAN LUIS OBISPO,
A Municipal Corporation
By:
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR
Ci rney SLO County Public Access Television,
Inc.
CG-52-
Jul u ! euu5 5: jurm HY LH5tK4t1 I-KX 8055499074 p. 2
ATIACNMENT3
AGREEMENT BETWEEN CITY OF SAN LUIS OBISPO
AND SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT
FOR USE OF PEG ACCESS FUNDS (E-PORTION)
This Agreement is made this day of ._ , 2005, by and between
the City of San Luis Obispo, a municipal corporatlon ("City"), and San Luis Coastal
Unified School District("SLCUSD"), who agree as follows:
RECITALS
WHEREAS the City desires to provide support for the use of cable television
public, education, and government (TEG") access channels operated pursuant to
federal law; and
WHEREAS the City has granted a franchise to Charter Communications to.
operate a cable television system in the City; and
WHEREAS Ordinance No. 1278 (1993 Series) and the Cable Television
Franchise Agreement dated April 20, 1995, indicates that the City may designate
nonprofit access management entity(ies) to operate and administer the PEG access
facilities, services and programming; and
WHEREAS said franchise agreement with Charter Communications provides that
certain channel capacity be made available for PEG access; and
WHEREAS the franchise agreement with Charter Communications provides that
certain initial and ongoing payments shall be made by Charter Communications for PEG
access capital equipment and facilities; and
WHEREAS the franchise agreement with Charter Communications provides that
certain payments and In-kind services shall be provided by Charter Communications to
support the operations of the PEG access.facilities, equipment and channels; and
WHEREAS the Franchise Agreement with Charter Communications provides that
plans of operation for PEG access must be developed and approved by City before any
funds dedicated to the provision of PEG access facilitles, services, and programming
may be released to the nonprofit management entities designated by City to provide
such services; and
WHEREAS plans of operation for the public and government portions of PEG
access have been developed'and approved by City; and
CG- 5-2
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AITACHMOff 3
Asreement with SLCUSD for Education Access Television Page 2
WHEREAS SLCUSD, as the nonprofit management entity designated by City for
the education programming and services portion of PEG access, has not yet had an
opportunity to prepare such an operational plan; and
WHEREAS, in order not to further delay distribution of the public and government
portions of such access funding, City and SLCUSD have agreed that City may distribute
the public and government portions of such funds to the respective nonprofit
management entities designated by City for such programming and services, while
holding In trust for the benefit of SLCUSD and its constituents, all funds (including
interest thereon) dedicated to the provision of education programming and services until
such time that SLCUSD can prepare a plan of operation for operational programming as
stipulated in the City's Franchise Agreement with Charter Communications; and
WHEREAS SLCUSD has requested the City hold on its behalf all funds
dedicated to the provision of educational programming and services until such time that
SLCUSD can prepare a plan of operation for educational programming_ as stipulated in
the City's franchise agreement with Charter Communications; and
WHEREAS the parties seek to enter into this agreement to preserve PEG access
funding (E-portion) for SLCUSD's use and allow SLCUSD sufficient time to develop a
proper plan of operation.
NOW, THEREFORE, in consideration of the mutual promises and covenants set
forth herein, the parties agree as follows:
$EGTION--1. OF OF PLAN OF OPERATION. SLCUSD shall
pursue development of and subsequent approval by the City, a Plan of Operation for the
provision of educational programming and services pursuant to Section 5.1 of the Cable
Television Franchise Agreement dated April 20. 1995.
SECTION 2. HOLDING OF PEG ACCESS FUNDS. City shall hold those
monies it receives for PEG access (E-portion) for eventual payment to SLCUSD once
SLCUSD commences Its Plan of Operation In accordance with a PEG contract between
the City and SLCUSD. City shall hold said monies in trust for the benefit of SLCUSD.
All interest earned on such funds, whether such funds are separately invested or are
held as part of a pooled investment account, shall accrueto the benefit of and be paid
to SLCUSD along with the principal amount of PEG education access funds.
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Jul U7 euub b: 35VM HP LHSERJET FHX 81055489074 p.. 4
ATTANOff 3
Agmwnentwith SLCUSD-for Education Access TelWsllan 13*06 3
SECT]ON 3. TERM OF A(MEEMENT. The term of this Agreement shall be for
three (3).y-ears, commencing July 1, 2005, and expiring on June 30, 2008. In the event
that City has not approved SLCUSD1:s plan of operation by said expiration date, or if City
has approved such plan and SLCUSD has not commenced implementation of said plan
of operation by said date, then City ty shall continue to hold said PEG education access
funds (and accrued Interest thereon) in trust for the benefit of SLCUSD: and the parties
shall negotiate In good faith amendments to thig agreement necessary to enable City to
,approve, and SLCUSD to Implement, an appropriate plan of operation With respect to
the expenditure of such funds.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date written above.
ATTEST-: CITY OF SAN'LUIS OBISPO,
A Municipal Corporation
By: -- -----
Audrey Hooper City Clark Mayor-'David F. Romero
APPROVED AS TO FORM: SAN LUIS COASTAL
UNIFIED SCHOOL DISTRICT
By:
j4poah P. Lowell, City Attomey Edward T. Val6rikine, Superintendent
Jul ut euub 0ZZIUV19 He LHSEKJEI FRX 6055499074 p. 5
ATTACHMENT 4
San Luis Coastal Uni 'edsckool District
1500 Lizzie Street
San Luis Obispo,CA 93401-3062
-1000 (605)549=1200
July 69 2005
Mrs. Wendy George
Assistant City A_dminist_rative Officer
City of Sen Luis Obispo
990 Palm.Street
San Luis Obispo, CA 93401
Dear Wendy:
Last evening the San Luis Coastal Unified School District Board of Trustees held a special meeting at
whiph they discussed and took action on an agreement with the.City of San Luis Obispo regarding
Public, Education& Government(PEG) Access television.
Prior to the meeting, the agreement as presented by the City was reviewed by the school district's
legal counsel and various revisions were recommended to the Board. I believe Russell Miller
discussed the general points with Betsy Kaiser who indicated the City would be amenable to them..
no Board voted eiirluatively to approve the agreement as revised. A copy of that new document is
enclosed for your use in presenting this to the City Council.
Sincerely,
]EDWARD T. VALENTINE, Ed.D.
Superintendent
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dr: Rowell Miller,Asst: Sbpt./Rusinw twAaei
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