HomeMy WebLinkAbout05/17/2011, B 4 - REVIEW OF CITY CONTRACT WITH SAN LUIS OBISPO COUNTY PUBLIC ACCESS (SLOCOPA) AND CONSIDERATION OF AL i
Council
j acEnba RepoRt
CITY O F SAN LUIS O B I S P O
FROM: Katie Lichtig, City Manager
Prepared By: Michael Codron, Assistant City Manager
SUBJECT: REVIEW OF CITY CONTRACT WITH SAN LUIS OBISPO COUNTY
PUBLIC ACCESS (SLOCOPA) AND CONSIDERATION OF
ALTERNATIVE MODELS FOR THE USE OF PUBLIC, EDUCATION
AND GOVERNMENT (PEG) FUNDING.
RECOMMENDATION
1. Adopt a resolution directing staff to provide thirty days notice of termination of the City's
existing contract with SLOCOPA due to misappropriation of public funds.
2. Direct staff to return to the City Council with updated Operating Plans for PEG channels, and
a resolution reallocating PEG funding to the education and government channels that is
consistent with the updated Operating Plans.
DISCUSSION
Situation
The City of San Luis Obispo Municipal Code (Section 5.72.010) requires video service providers
in the City, such as Charter Communications, to pay an amount equal to 1% of annual gross
revenues for the purpose of supporting PEG access and facilities (Attachment 1). Use of PEG
funds is limited to the purchase of capital equipment for local PEG broadcasting purposes.
In 2005, the Council approved a PEG Access Operating Plan, which was required to be approved
under the franchise agreement with Charter, in effect at the time, before PEG funds could be
released. Based on the approved Operating Plan,there are currently three partners in this program
and each is responsible for its respective type of access (as indicated in parentheses below):
1. SLOCOPA(public)
2. San Luis Coastal Unified School District (educational)
3. City of San Luis Obispo (government)
Under the operating plan, each partner is allocated up to one-third of the money provided to the
City by Charter for the sole purpose of acquisition and maintenance of equipment and facilities.
Charter Studio Resources
The agreement with SLOCOPA, and its ability to carry out its responsibilities of providing public
access television support, has historically been facilitated by Charter through the provision of
both studio space and staff support for public access productions. These resources are actually
provided pursuant to the County of San Luis Obispo's franchise agreement with Charter, which
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SLOCOPA and PEG Funding Alternatives Page 2
expires in 2015, or sooner if the County franchise become subject to the Digital Infrastructure
and Video Competition Act (DIVCA).
Charter Limits Studio Resources Available to SLOCOPA
One of the specific services provided to SLOCOPA by Charter at its studio was a reservation and
check-out service for video production equipment purchased with PEG funds, including video
cameras and microphones. This was a substantial benefit to SLOCOPA members because it
ensured fair access to equipment on a first-come, first-served basis. In addition, the value of the
substantial equipment requires a secure and responsible method for check out, ensuring that
equipment is returned in a timely fashion and not damaged.
On September 30, 2010, Charter discontinued the service of video production equipment check-
out. City staff took possession of all of the equipment that was formerly part of the check-out
system. As a result of this situation, the equipment has not been available to SLOCOPA
members that are producers of public access television shows. Because there is no available City
staff to manage this process, and because SLOCOPA has not proposed an acceptable alternative
for management of the check-out process,the equipment has remained in storage.
There are two primary reasons that Charter discontinued the video check-out service. First,
Charter was not obligated to provide a check-out service and there was a cost to them in terms of
staff time allocated to this purpose. Second, there were circumstances associated with the
behavior of the former Chairperson of the SLOCOPA Board of Directors, Anthony Pope, toward
a Charter employee that caused Charter to restrict his access to the studio and ultimately
reconsider the value of the check-out service they were providing.
Channel 2 Public Access Not Substantially Impacted
Even without the benefit of the studio, Channel 2, the Public Access television station, is still
functioning. Producers, some are SLOCOPA Members and others not, independently produce
their shows and drop them off to Charter for airing. The recommendations included in this report
are not expected to impact Channel 2, which is also supported by the County under their current
franchise agreement with Charter.
Termination of SLOCOPA Contract
The terms of the City's contract with SLOCOPA allow for termination with a 30-day notice for a
variety of reasons, including misappropriation of public funds (Attachment 2). On April 6, 2011,
after investigation by the City of San Luis Obispo Police Department, Anthony Pope, former
Chair of the SLOCOPA Board of Directors, was arrested for a violation of Penal Code Section
504 - Embezzlement by Executive Officer of Private Company. Mr. Pope subsequently plead no
contest to the charge of felony grand theft. During the course of the investigation it was verified
that Mr. Pope had used PEG funds to make purchases from Best Buy for his personal use and
then returned some of those items and deposited the refunds into his personal bank account.
The misuse of public funds by Mr. Pope constitutes a breach of contract and is cause for
termination of the contract by the City, with proper notice. The contract allows for SLOCOPA to
cure the breach to the satisfaction of the City. Mr. Pope was removed from his position on the
Board of Directors shortly after the allegations of the theft were raised. However, no changes to
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SLOCOPA and PEG Funding Alternatives Page.3
the purchasing procedures or Board oversight of the use of these public funds have been
proposed. While current SLOCOPA Board Members have been extremely cooperative and
willing partners in the investigation of Mr. Pope, the organization has not proposed any changes
to its policies or procedures going forward. As a result, City staff is not presently able to say that
changes have been made that will prevent similar problems from occurring in the future.
Recently, SLOCOPA notified the City that it would go on into a state of"hiatus" until the issues
surrounding its future are resolved (Attachment 3). This agenda report includes an alternative
whereby the Council could direct staff to use the 30-day period, or some other period of time
determined appropriate by the Council, to work with SLOCOPA on changes to their policies and
procedures, and changes to their oversight structure for the use of public funds. The alternative is
not recommended because staff resources are not available to dedicate to overseeing the
necessary changes to SLOCOPA's policies and procedures. As previously discussed, staff
resources are also not available to manage the check-out procedures for video production
equipment, which constitutes one of the primary benefits to SLOCOPA members.
Overview of PEG Funding and Allowed Uses—Recommendation for Future Allocation
PEG funds are collected pursuant to the City's Municipal Code, and the permissible uses of these
funds are dictated by State and Federal law. PEG funds, which are currently collected from
Charter Communications through a surcharge on City residents' cable television bills, may only
be used for costs associated with the purchase and maintenance of equipment and facilities used
in the production of PEG programming. State and Federal law do not require the City to establish
a PEG fund or provide for PEG access (Attachment 4). PEG support is an option made available
to municipalities and other jurisdictions. State and Federal law contain no directives regarding
the share of funding allocated to the public, educational or government channels.
Staff is recommending that the City allocate its PEG funds to the educational channel and
government channel (50% for Education and 50% for Government), and eliminate its allocation
to the public (P) access channel. If this direction is supported by the City Council, staff will work
with San Luis Obispo Coastal Unified School District (SLCUSD) to update the existing
Operating Plans accordingly, and return to the City Council with a resolution to put new funding
allocations into effect.
The staff recommendation would not cause public access television, Channel 2, to go off the air.
Charter Communications is still obligated to maintain the channel for public access. However, it
would reduce the support available to potential producers of television shows airing on Channel
2 because the check-out service for video production equipment would be eliminated. As
previously noted, SLOCOPA is currently on hiatus until the issues surrounding Mr. Pope's
actions are resolved. This hiatus has not had a substantial impact on the quality or availability of
Channel 2 programming.
Alternative Allocation Models for PEG Funding
The City of San Luis Obispo currently receives approximately $97,000 annually from Charter
Communications to support PEG access. Currently, the City splits this allocation equally
between the three eligible uses, public, education and government. However, other funding
allocation models may be used. Final recommendations on funding allocations will be brought
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SLOCOPA and PEG Funding Alternatives Page 4
back to the City Council for later consideration, however, the following information should help
the City Council understand the present need and desire for enhancement of the education and
government channels.
Enhanced Education and Government Channels
The City of San Luis Obispo has an agreement with SLCUSD to operate Channel 19, the
education channel. SLCUSD currently receives 33% of the PEG funding collected by the City. In
a recent discussion with the manager of the channel, SLCUSD can utilize additional funding and
is excited about the opportunities it would present. Based on the feedback received, staff is
confident that allocating additional PEG funds to SLCUSD would be appropriate and beneficial.
Increasing the PEG allocation to SLCUSD from 33% to 50% would increase the City's
contribution to educational programming by approximately $16,000 annually.
The City's government channel, Channel 20, would also benefit from additional PEG funding.
The City currently broadcasts City Council and Planning Commission meetings on Channel 20.
In addition, informational programming about the City is produced and aired, consistent with the
Operating Plan. In preparation for this discussion, City Information Technology staff has
prepared an analysis of Channel 20 needs. These needs can be categorized into three areas where
PEG funds could be used to enhance Channel 20. These include:
1. Create a Broadcast-grade Council Chambers
2. Configure a High-functioning Control Room
3. Enable Creative City Departments
Attachment 5 includes a description of the tasks associated with the three items listed above, and
a cost break down of the options for enhancement of Channel 20. Currently, the Public portion of
the City's PEG account includes a balance of about $230,000. In addition, Public access funds
were used to purchase a substantial amount of video production equipment that the City could
use for producing future Channel 20 programming. An evaluation of these resources will be
conducted and a recommendation will be presented to the City Council along with the updated
PEG Operating Plans, depending on direction received from the Council on this matter.
Limited Support for Public Access Television
City staff continues to support Public Access television on Channel 2. In our discussions with the
County of San Luis Obispo, which has a franchise agreement with Charter Communications that
requires the studio to remain available to County residents, the County is also supportive of
Channel 2. While many communities across the State of California have recently lost their public
access programming, there is still value to the programming and it is supported in San Luis
Obispo.
However, with the advent of consumer-level resources for video production, even producers with
minimal resources are able to produce quality programming for Channel 2. In fact, very few
producers that air shows on Channel 2 regularly use the City's equipment managed by
SLOCOPA. During the time that the City has stored this equipment, Channel 2 has continued to
show new content that is produced independently and provided directly to Charter for scheduling
and airing. Staff is recommending that this lower.level of support for public access continue and
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SLOCOPA and PEG Funding Alternatives Page 5
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will work to update the Operating Plan accordingly and return to the City Council with a
recommendation that preserves Channel 2, if feasible.
FISCAL IMPACTS
There are no fiscal impacts to the General Fund associated with the recommendation of
terminating the City's contract with SLOCOPA. There are no fiscal impacts associated with
updating the PEG Operating Plans, except that some staff time will be allocated to the effort.
Staff expects the time allocated to this effort to be manageable and within the scope of current
and future work programs. All funding for PEG Access programming is made available through
Charter Communications and cable television consumers in the City of San Luis Obispo.
ALTERNATIVES
1. Do not terminate the agreement with SLOCOPA. The City Council could choose not to
terminate the current agreement with SLOCOPA. If this alternative is chosen, staff would ask
the City Council to establish a 60-day period to allow SLOCOPA to cure the issues
associated with the misappropriation of public funds. In addition, the Council should also
direct staff to update the Operating Plans for the PEG channels. Because there is currently a s"
substantial balance available to the Public Access channel, staff would still recommend a new
allocation formula(50% Education and 50% Government)under this alternative.
2. Terminate the SLOCOPA agreement, but don't change the funding allocation, issue a
new RFP for a Public Access non-profit partner. Under this alternative, the SLOCOPA
agreement would be terminated, but the Council would direct staff to issue an RFP for a new
non-profit partner. This would allow another community organization to take over the
oversight of Public Access funding. In this alternative, staff would not update the Operating
Plans for the PEG Channels until the new non-profit partner was on board. This alternative is
not recommended because staff has not been successful in identifying interested non-profit
partners. Limited outreach has occurred with KCBX Public Radio, Cal Poly and Cuesta
College. Initial feedback has not been encouraging, however, if the Council chose this
alternative then staff would approach potential non-profit partners and perform other outreach
efforts to make sure there is a high level of awareness in the community about the RFP.
ATTACHMENTS
1. Municipal Code Section
2. Current SLOCOPA Contract
3. SLOCOPA Letter(3-23-2011)
4. PEG FAQ
5. Channel 20 Enhancement Options
6. Recommended Resolution
TACity Clerk\SLOCOPA\5-17(CAR).DOC
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Chapter 5.72 _ Page 1 of 3
ATTACHMENT 1
Chapter 5.72
I
PROVISIONS APPLICABLE TO HOLDERS OF STATE VIDEO FRANCHISES
Sections:
5.72.010 Fee for support of local cable usage.
5.72.020 Franchise fee.
5.72.030 Authority to examine records.
5.72.040 Customer service penalties under state video franchises.
5.72.050 City response to state video franchise applications.
5.72.060 Public, educational or governmental (PEG) channel capacity.
5.72.070 Interconnection.
5.72.080 Emergency alert system and emergency overrides.
5.72.010 Fee for support of local cable usage.
A fee paid to the city is hereby established for the support of public, educational, and
governmental access facilities and activities within the city. Unless a higher percentage is w
authorized by applicable state or federal law, this fee shall be one percent of a state
video holder's gross revenues, as defined in California Public Utilities Code Section
5860. This fee shall be remitted quarterly to the city treasurer and must be received not
later than forty-five days after the end of the preceding quarter. The fee payment shall be
accompanied by a summary that explains the basis for the calculation of the support fee
for local cable usage. (Ord. 1542 § 1 (part), 2010)
5.72.020 Franchise fee.
A state video franchise holder operating in the city shall pay to the city a franchise fee
that is equal to five percent of the gross revenues of that state video franchise holder.
The term "gross revenues" shall be defined as set forth in Public Utilities Code Section
5860. This fee shall be remitted quarterly to the city treasurer and must be received not
later than forty-five days after the end of the preceding calendar quarter. The fee
payment shall be accompanied by a summary that explains the basis for the calculation
of the franchise fee. Unless construed otherwise by applicable law, the phrase "summary
that explains the basis for the calculations," as used herein and in Section 5.72.010,
means the identification of the sources of revenue upon which the fee is based. (Ord.
1542 § 1 (part), 2010)
5.72.030 Authority to examine records.
Not more than once annually, the appropriate city department may examine the business
records of a holder of a state video franchise to ensure compliance with all applicable
statutes and regulations related to the computation and payment of franchise fees. (Ord.
1542 § 1 (part), 2010)
5.72.040 Customer service penalties under state video franchises.
A. The holder of a state video franchise shall comply with all applicable state and federal
customer service and protection standards pertaining to the provision of video service.
B. The city manager or his or her designee shall monitor a state video franchise holder's
compliance with state and federal customer service and protection standards. The city
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Chapter 5.72 _ Page 2 of 3
ATTACHMENT 1
will provide to the state video franchise holder written notice of any material breaches of
applicable customer service and protection standards, and will allow the state video
franchise holder thirty days from receipt of the notice to remedy the specified material g
breach. Material breaches not remedied within the thirty-day time period will be subject to
the following monetary penalties to be imposed by the city in accordance with state law:
1. For the first occurrence of a violation, a monetary penalty of five hundred dollars
shall be imposed for each day the violation remains in effect, not to exceed one
I
thousand five hundred dollars for each violation.
2. For a second violation of the same nature within twelve months, a monetary
penalty of one thousand dollars shall be imposed for each day the violation remains
in effect, not to exceed three thousand dollars for each violation.
3. For a third or further violation of the same nature within twelve months, a
monetary penalty of two thousand five hundred dollars shall be imposed for each
day the violation remains in effect, not to exceed seven thousand five hundred
dollars for each violation.
C. A state video franchise holder may appeal a monetary penalty assessed by the city.
Such appeal must be filed no later than sixty days after the date of mailing of notification
of the penalty or the right to appeal shall be deemed waived. After relevant evidence and
testimony is received, and staff reports are submitted, the city council will vote to either
uphold or vacate the monetary penalty. The city council's decision on the imposition of a
monetary penalty shall be final. (Ord. 1542 § 1 (part), 2010)
5.72.050 City response to state video franchise applications.
A. Applicants for state video franchises within the boundaries of the city must
concurrently provide to the city complete copies of any application or amendments to
applications filed with the California Public Utilities Commission. One complete copy must
be provided to the city manager.
B. The city will provide any appropriate comments to the California Public Utilities
Commission regarding an application or an amendment to an application for a state video
franchise. (Ord. 1542 § 1 (part), 2010)
5.72.060 Public, educational or governmental (PEG) channel capacity.
A. A state video franchise holder that uses the public rights-of-way shall designate
sufficient capacity on its network to enable the carnage of at least four PEG access
channels.
B. PEG access channels shall be for the exclusive use of the city or its designees to
provide public, educational, or governmental programming. "t
I
! C. Advertising, underwriting, or sponsorship recognition may be carried on the PEG
access channels for the purpose of funding PEG-related activities..
D. The PEG access channels shall be carried on the basic service tier and shall be of
similar quality and functionality to that offered by commercial channels on the lowest cost
tier of service unless the signal is provided to the video service provider at a lower quality
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Chapter 5.72 Page 3 of 3
ATTACHMENT 1
or with less functionality, as provided in California Public Utilities Code Section 5870(8)
(3)•
E. To the extent feasible, the PEG access channels shall not be separated numerically
from other channels carried on the basic service tier, and the channel numbers for the
PEG access channels shall be the same channel numbers used by the incumbent cable
operator unless prohibited by federal law.
F. After the initial designation of PEG access channel numbers, the channel numbers
shall not be changed without the prior written consent of the city, unless the change is
required by federal law.
G. Each PEG access channel shall be capable of carrying a National Television System
Committee television signal, as provided in Public Utilities Code Section 5870b. (Ord.
1542 § 1 (part), 2010)
1
5.72.070Interconnection.
Where technically feasible, a state video franchise holder and an incumbent cable
operator shall negotiate in good faith to interconnect their networks for the purpose of
providing PEG access channel programming. Interconnection may be accomplished by
direct cable, microwave link, satellite, or other reasonable method of connection. State
video franchise holders and incumbent cable operators shall provide interconnection of
the PEG access channels on reasonable terms and conditions and may not withhold the
interconnection. If a state video franchise holder and an incumbent cable operator cannot
reach a mutually acceptable interconnection agreement, the city may require the
incumbent cable operator to allow the state video franchise holder to interconnect its
network with the incumbent's network at a technically feasible point on the holder's
network as identified by the holder. If no technically feasible point for interconnection is
available, the state video franchise holder shall make an interconnection available to the 4
channel originator and shall provide the facilities necessary for the interconnection. The
cost of any interconnection shall be borne by the state video franchise holder requesting
the interconnection unless otherwise agreed to by the parties. (Ord. 1542 § 1 (part),
2010)
5.72.080 Emergency alert system and emergency overrides.
A state video franchise holder must comply with the emergency alert system
requirements of the Federal Communications Commission in order that emergency
messages may be distributed over the holder's network. (Ord. 1542 § 1 (part), 2010)
This page of the San Luis Obispo Municipal Code is current City Website: http://www.slocity.org/
through Ordinance 1560, passed April 5, 2011. (http://www.slocity.org/)
Disclaimer: The City Clerk's Office has the official version of the City Telephone: (805) 781-7103
San Luis Obispo Municipal Code. Users should contact the City Code Publishing Company
Clerk's Office for ordinances passed subsequent to the ordinance (http://www.codepublishing.com/)
cited above.
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ATTACHMENT 2
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO
AND
SLO COUNTY PUBLIC ACCESS
This Agreement is made this %/.e WLday of March 2010, by and between the City of
San Luis Obispo, a municipal corporation ("City"), and SLO County Public Access, a
nonprofit corporation ("SLOCOPAI, 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 State has granted a franchise to Charter Communications to
operate a cable television system in the City under the Digital Infrastructure and Video
Competition Act (DIVCA); and
WHEREAS, said franchise pursuant to DIVCA and Ordinance 1542 (effective April
1, 2010) provides that certain channel capacity be made available for PEG access; and
WHEREAS, DIVCA and Ordinance 1542 applicable to Charter Communications
provides that certain initial and ongoing payments shall be made by Charter
Communications for PEG access capital equipment and facilities; and
WHEREAS, DIVCA and Ordinance 1542 provide that certain payments shall be
provided by Charter Communications to support the operations of the PEG access
facilities, equipment and channels; and
WHEREAS, SLOCOPA,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 j
SLOCOPA, pursuant to this Agreement, SLOCOPA 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. 1542,
with the primary purpose being to administer, coordinate, and assist those
requesfing access on a nondiscriminatory basis. i
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y °TTACHMENT 2
Agreement with SLO County Public Access. Page 2
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 SLOCOPA. Access to equipment and facilities shall be open to
all those who satisfactorily complete training class(es) provided by SLOCOPA
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
procedures promulgated by SLOCOPA and consistent with the principles set
forth in Ordinance No. 1542.
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 local, state
and federal laws, rules, regulations, including but not limited to DIVCA and
Ordinance 1542.
F. TRAINING. Train City residents in the techniques 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. SLOCOPA shall cablecast 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.
I. SPECIAL NEEDS GROUPS. Support special needs groups, including but not
limited to those with hearing impairments, in program production through
training and other means.
i
J. PROMOTION. Actively promote the use and benefit of the public access I
channel and facilities to cable subscribers, the public, public access users, and
Charter Communications.
K. PERFORMANCE REVIEW. As a condition of agreement renewal, SLOCOPA
shall, after three (3)years of operation under this Agreement, contract with an
entity expert in public access matters to conduct a performance review of
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ATTACHMENT 2
Agreement with SLO County Public Access. Page 3
SLOCOPA'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 SLOCOPA and consistent with the
obligation to facilitate and promote access programming and provide
nondiscriminatory access.
SECTION 2. CHANNELS OPEN TO PUBLIC: SLOCOPA 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
SLOCOPA 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 SLOCOPA, the City, or Charter Communications from producing or
sponsoring programming, prevent the City or the Charter Communications from
underwriting programming, or prevent the City, Charter Communications, or SLOCOPA
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. SLOCOPA 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.
SECTION 3. INDEMNIFICATION. SLOCOPA 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 attomeys',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 SLOCOPA, its officers, employees, agents or
subcontractors arising out of or resulting from the performance of this Agreement.
SLOCOPA sh4ll 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 SLOCOPA use of channels, funds, equipment,facilities or staff
granted under this Agreement.
City shall indemnify, defend, and hold harmless SLOCOPA, its officers, agents, and
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ATTACHMENT2
Agreement with SLO County Public Access. Page 4
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 attomeys'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.
SECTION 4. COPYRIGHT CLEARANCE. Before cablecasting video transmissions
SLOCOPA 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 SLOCOPA. SLOCOPA 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. SLOCOPA 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. SLOCOPA 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, SLOCOPA 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.
SECTION 7. EQUIPMENT AND FACILITIES.
A. SLOCOPA 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.
I
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B4-12
ATTACHMENT 2
Agreement with SLO County Public Access. Page 5
B. The City of San Luis Obispo shall retain ownership of all equipment and
facilities acquired by SLOCOPA 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:.
C. Upon the dissolution of SLOCOPA or termination of this agreement with
SLOCOPA, SLOCOPA shall, subject to the approval of the City, transfer all
assets of SLOCOPA representing City-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. SLOCOPA 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 borne by SLOCOPA and may be included in SLOCOPA 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. The 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 j
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
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.
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B4-13
AITACHMEN'2
Agreement with SLO County Public Access. Page 6
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
SLOCOPA 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 SLOCOPA insurance and shall not
contribute to it.
F. NOTIFICATION OF COVERAGE. SLOCOPA 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. SLOCOPA 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,
color, creed, religion, sex, sexual preference, marital status, ancestry, national
origin or physical or mental handicap.
SECTION 10. INDEPENDENT CONTRACTOR. It is understood and agreed that
SLOCOPA is an independent contractor and that no relationship of principal/agent or
employer/employee exists between the City and SLOCOPA. If in the performance of this
Agreement any third persons are employed by SLOCOPA, such persons shall be entirely
and exclusively under the control, direction and supervision of SLOCOPA. All terms of
employment, including hours, wages, working conditions, discipline, hiring and j
discharging or any other term of employment shall be determined by SLOCOPA 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 SLOCOPA, except as expressly
authorized in writing by the City.
SECTION 12. ANNUAL REPORTS. Prior to May 31 of each year, SLOCOPA shall
submit to the City an annual report for the preceding calendar year(January 1 -
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B4-14
ATTACHME92
Agreement with SLO County Public Access. Page 7
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 that fairly present its financial results of operations
and beginning and ending financial condition for the preceding calendar year by May 31
in a format acceptable to the City.
D. An inventory of equipment purchased with funds provided by the City.
SECTION 13. FISCAL RECORDS..
A. SLOCOPA shall maintain all necessary books and records, in accordance with
generally accepted accounting principles.
B. Upon reasonable request from the City, SLOCOPA 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 SLOCOPA:
A. Charter Communications has dedicated certain channel capacity (spectrum on
the cable system) for PEG access use. The City agrees to permit.SLOCOPA
to manage channel capacity for public access programming purposes.
B. Funding for Public Access Facilities and Equipment. The City agrees to
provide to SLOCOPA up to thirty-three percent (33%) of all funds that it
receives from Charter Communications for PEG access. SLOCOPA shall
utilize such funds for the purchase of equipment and facilities to be used for
the purposes delineated in this Agreement. SLOCOPA shall access funding
using one.ofthe following methods:
1. Submit paid invoices to the City. Upon receipt of paid invoices from
SLOCOPA, the City shall reimburse SLOCOPA 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. j
I
3. Funds may not be claimed by SLOCOPA until such funds are received by
the City from Charter Communications per the franchise agreement.
i
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B4-15
4 15
ATTACHMENT2
Agreement with SLO County Public Access. Page 8
C. Funding for Public Access Services. The City agrees, at its discretion, to
provide SLOCOPA 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 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 SLOCOPA in accordance with the timeline specified in Section 17
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, ry
City shall provide SLOCOPA with an estimate of the funds that it will receive
from Charter Communications that will be available to SLOCOPA 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,
SLOCOPA 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 public access
programming.
2. Training classes to be offered and frequency of classes.
3. Other access activities planned by SLOCOPA.
4. A detailed operating and capital equipment and facilities budget.
SECTION 18. EXPENDITURE OF FUNDS. SLOCOPA shall spend funds received from
the City solely for the purposes listed in its Annual Budget and Activities Plan and -z,
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
SLOCOPA into succeeding years. Upon termination of this Agreement all funds
designated for public access and not expended by SLOCOPA shall remain with the City.
SECTION 17. RECEIPT OF APPROVED FUNDING. For each year in which SLOCOPA
has submitted the Annual Budget and Activities Plan to.the City as required under
Section 15 of this Agreement, City shall makepayments to SLOCOPA or on behalf of
SLOCOPA as specified in SECTION 14.13. above.
I
SECTION 18. FUNDING FROM OTHER SOURCES. SLOCOPA may, during the course
of this Agreement, receive supplemental funds from other sources, including, but not
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B4-16
AITACHMENT2
Agreement with SLO County Public Access. Page 9
limited to fundraising activities.
SECTION 19. TERM OF AGREEMENT. This Agreement shall be for a period of three (3)
years commencing on April 1. 2010 and ending on March 31, 2013
unless terminated earlier, as provided in this Agreement. This Agreement may be
extended, by mutual agreement of the City and SLOCOPA, 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 thirty (30) days written notice to SLOCOPA
to terminate this Agreement for:
1. Breach of any provision of this Agreement by SLOCOPA;
2. Malfeasance, misfeasance, misappropriation of public funds; or
3. Loss of 501(c)(3) status by SLOCOPA.
B. SLOCOPA may avoid termination by curing any such breach to the
satisfaction of the City within thirty.(30) days of notification or within a time
frame agreed to by the City and SLOCOPA. The City may also terminate this
Agreement at the expiration of its term, or any extension thereof.
C. Upon termination of this Agreement, SLOCOPA shall immediately transfer to
the City all equipment, real property, fixtures, contracts, leases, deposit 11,
accounts or other assets received by or purchased by SLOCOPA with funds
received pursuant to this Agreement.
SECTION 21. EXTENSION OFAGREEMENT. This Agreement may be renewed or
extended for two additional periods of three (3) years each, pursuant to the following
process:
A. If SLOCOPA seeks an extension of this Agreement it shall submit to the City a
letter of intent requesting extension.
B. The City shall respond to SLOCOPA 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 SLOCOPA. The City may not refuse to extend
the contract based upon a failure of SLOCOPA to comply with the terms of this
Agreement unless the City has provided SLOCOPA a notice of its failure to
comply with the terms and the opportunity to cure said noncompliance.
i
SECTION 22. TIME. Time is of the essence in this Agreement and for the performance j
of all covenants and conditions of this Agreement.
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.
I
B4-17
ATTACHMENT2
Agreement with SLO County Public Access. Page 10
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: Elaina Cano, City Clerk
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
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 TO F M: CONTRACTOR
I
City A mey 80 Acces
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B4-18
' 1
SLO ATTACHMER C®unt�y
PUBLIC ACCESS iELEYIfiUN San Luis Obispo County Public Access Television
www.SLOCOPA.org
DATE: March 23, 2011
TO: Michael Codron, Assistant City Administrator
Elaina Cano, City Clerk
Lisa Ludovici, Manager, Government Relations-Charter Communications
John G. Diodati, Public Works Administrator, County of San Luis Obispo
FROM: Josd M. Lemus, Chair- SLOCOPA
San Luis Obispo County Public Access
SUBJECT: SLOCOPA MEMORANDUM OF UNDERSTANDING
CC: Kristan Mulgrew, Traffic Coordinator-Charter Communications
For several months now, SLOCOPA Board of Directors has been navigating through a complex and
turbulent sea of events, circumstances, and changes in the composition of membership as well as
leadership. This coupled with the evolution of cutting edge technology and a significant shift in priorities
and needs of both producers as well as key decision makers, has been an incredible voyage and learning
experience.
During this period, we have been making calls and sending e-mail messages to both City of San Luis
Obispo and Charter Communication staff wanting to be a significant contributing participant in this
decision making process. All involved have been extremely patient and understanding with our persistent
communication of questions and ideas.
Budget cuts, loss of staffing, elections... the demand of increased workload goes on and on and it
continues to strongly influence the decision making process of everyone involved..
It is with tremendous respect and appreciation for all that have tirelessly continued to brainstorm and
assist with the development of ideas for possibilities to keep SLOCOPA active that I make this
announcement.
On behalf of our current SLOCOPA Board of Directors, I inform you of our recent determination to in a
sense pull into the dock and go into a state of"hiatus." We are no longer going to be soliciting support,
brainstorming for ideas, or pressing anyone to make decisions regarding our desires and priorities relative
to Public Access Television.
Charter Communication, the City of San Luis Obispo and San Luis Obispo County have been and
continue to be the key decision makers at the table. When these entities have arrived at a consensus on
how or if they would like to move forward, the current SLOCOPA Board of Directors will be available to
meet, listen and entertain any possible options that may be available in order to continue making Public
Access television an enjoyable and rewarding experience for our Community at large.
Sincere appreciation to all.
M.O.U.MARCH 23,2011
B4-19
FCC.Fact Sheet on Public, Educational,and Govi Intal Access Channels("PEG Channels")
COMM ,`
FEDERAL COMMUNICATIONS COMMISSION
ply $+'�rJ.
c
1t' 4 *•{ " ��.
FACT SHEET
May 1998
CABLE TELEVISION FACT SHEET
PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS CHANNELS ("PEG
CHANNELS")
Pursuant to Section 611 of the Communications Act, local franchising authorities may require
cable operators to set aside channels for public, educational, or governmental ("PEG") use.
Public access channels are available for use by the general public. They are usually
administered either by the cable operator or by a third party designated by the franchising
authority.
Educational access channels are used by educational institutions for educational
programming. Time on these channels is typically allocated by either the franchising authority
or the cable operator among local schools, colleges and universities.
Governmental access channels are used for programming by organs of local government. In
most jurisdictions, the franchising authority directly controls these channels. I ``
PEG channels are not mandated by federal law, rather they are a right given to the franchising
authority, which it may choose to exercise. The decision whether to require the cable operator
to cant' PEG channels is up to the local franchising authority. If the franchise authority does
require PEG channels, that requirement will be set out in the franchise agreement between the
franchising authority and the cable operator.
Franchising authorities may also require cable operators to set aside channels for educational
or governmental use on institutional networks; i.e., channels that are generally available only
http://www.fcc.gov/mb/facts/pegfacM.html(1 of 2) [5/2/2011 12:34:24 PM]
B4-20
FCC Fact sheet on Public, Educational, and GovE ntal Access Channels("PEG Channels") gngCHMLNT 4
to institutions such as schools, libraries, or government offices.
Franchising authorities may require cable operators to provide services, facilities, or equipment
for the use of PEG channels.
In accordance with applicable franchise agreements, local franchising authorities or cable
operators may adopt on their own, non-content-based rules governing the use of PEG
channels. For example:
• Rules may be adopted for allocating time among competing applicants on a reasonable
basis other than the content of their programming.
. Minimum production standards may be required.
• Users may be required to undergo training.
Federal law permitted a cable operator to prohibit the use of a PEG channel for programming
which contained obscene material, sexually explicit conduct, indecency, nudity, or material
soliciting or promoting unlawful conduct. However, The U.S. Supreme Court determined that
this law was unconstitutional. Therefore, cable operators may not control the content of
programming on public access channels with the exception that the cable operator may refuse
to transmit a public access program, or a portion of the program, which the cable operator
reasonably believes contains obscenity.
PEG channel capacity which is not in use for its designated purpose may, with the franchising
authority's permission, be used by the cable operator to provide other cable services.
Franchising authorities are directed by federal law to prescribe rules governing when such use
is permitted.
For additional information:
Any questions or comments about PEG channels on a particular system should be directed to
the cable operator or the local franchising authority, and not to the Federal Communications
Commission. The name and telephone number of your franchising authority should appear on
your cable bill, or should be available through your cable operator. With very limited
exceptions, the Federal Communications Commission is not responsible for enforcing the
federal statute governing PEG channels.
- FCC -
http://www.fcc.gov/mb/facts/pegfacts.htmi(2 of 2) [5/2/2011 12:34:24 PM]
B4-21
Channel 20 Enhancement Needs/Options ATTAC' "MENT6-
Create a Broadcast-grade Council Chambers BASIC ROBUST
HD broadcast-grade cameras-one additional $ 35,000 $ 65,000
Pan/tilt/zoom mount relocation $ 3,500 $ 15,000
Directional Lighting $ 5,000 $ 15,000
Super-directional mast microphones (Council) $ 500 $ 2,000
Wireless lavalier microphones(staff) $ 1,500 $ 3,000
Ultra-directional shotgun microphone (podium) $ 500 $ 1,500
Per-channel mixer/equalizer/controller $ 1,000 $ 3,000
Per-camera preview monitors $ 1,000 $ 2,500
Council Chambers Subtotal $ 48,000 $ 107,000
Configure a High-functioning Control Room BASIC ROBUST
Increased broadcast archive storage $ 250 $ 1,000
Streaming DVD recorder $ 500 $ 1,000
Control desk $ 1,000 $ 4,000
Reconfigure touch-screens and controllers $ 5,000 $ 15,000
Accessories $ 1,000 $ 2,000 -v
Control Room Subtotal $ 7,750 $ 23,000
Enable Creative Departments BASIC ROBUST
Pro-sumer camcorders $ 8,000 $ 24,000
Easy-to-use camcorders $ 2,000 $ 4,000
Editing workstations (hardware and software) $ 30,000 $ 45,000
Encoding servers $ 8,000 $ 20,000
Digital-video storage (RAID) $ 10,000 $ 30,000
Portable lighting systems $ 1,500 $ 5,000
Wireless lavalier microphones $ 1,000 $ 2,000
Accessories $ 2,000 $ 4,000
Training Materials $ 1,000 $ 5,000
Departments Subtotal $ 63,500 $ 139,000
BASIC ROBUST
Total $ 119,250 $ 269,000
B4-22
- ATTACHMENT 6
RESOLUTION NO. (2011 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
PROVIDING 30-DAYS NOTICE OF TERMINATION OF ITS CONTRACT
WITH SAN LUIS OBISPO COUNTY PUBLIC ACCESS (SLOCOPA), A
NONPROFIT CORPORATION, WHICH PROVIDES PUBLIC ACCESS
TELEVISION MANAGEMENT SERVICES TO THE CITY OF SAN LUIS t
OBISPO.
WHEREAS, on March 16, 2010, the City of San Luis Obispo entered into an agreement
whereby the City of San Luis Obispo agreed to provide funding to SLOCOPA for services
associated with management of the County public access channel (Channel 2); and
WHEREAS, Section 20 of the agreement gives the City the right, upon thirty (30) days
written notice, to terminate the agreement for misappropriation of public funds; and
WHEREAS, Anthony Pope, while the Chairperson of the SLOCOPA Board of Directors,
pled no contest to felony grand theft charges filed by the District Attorney in the Superior Court
of the County of San Luis Obispo; and
WHEREAS; the charges filed against Mr. Pope stemmed from his activities while
serving as the Chairperson of the SLOCOPA Board of Directors, which included purchasing
video equipment authorized for public access television purposes, returning the equipment
purchased for a refund, but then not returning those public funds to the City of San Luis Obispo;
and
WHEREAS, during the course of the investigation the SLOCOPA Board of Directors
informed the City that it would go into a state of"hiatus"until the issue was resolved.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby directs the City Attorney to provide SLOCOPA
with 30-days notice of termination of its contract to provide public access television management
services to the City of San Luis Obispo.
SECTION 2. The City Manager shall work with the County of San Luis Obispo, Charter
Communications; the San Luis Coastal Unified School District, and other interested parties to
update the City's Operating Plan for all PEG programming channels and return to the City
Council at a future date for approval.
Upon motion of , seconded by
and on the following vote:
AYES:
NOES:
R
B4-23
Resolution No. (2011 Series) ATTACHMENT
Page 2
ABSENT:
The foregoing resolution was adopted this 17th day of May 2011.
Mayor Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO RM:
hristine Dietrick
City Attorney
B4-24
I
From: Cheryl Hill [mailto:Chill@slcusd.org]
Sent: Thursday, May 12, 2011 2:32 PM
To: Cano, Elaina
Cc: Eric Prater; Russell Miller; Rick Robinett
Subject: Letter of Interest for Additional PEG Funds
I have attached our letter of interest for additional PEG funds. Thank
you for this opportunity. If there is anything else you need, please
let me know. Thank you!
Cheryl Hill
San Luis Coastal Unified School District 1500 Lizzie Street San Luis
Obispo, CA 93401
(805) 549-1247
Fax: (805) 546-0331
Email: chill@slcusd.org
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San Luis Coastal*Unyied Schoof District
1500 Lizzie Street
San Luis Obispo, CA 93401-3062
(805)549-1200
May 12,2011
Elaina Cano, City Clerk
City of San Luis Obispo
City Hall,Room 4
990 Palm Street
San Luis Obispo,CA 93401-3249
Dear Ms. Cano,
The purpose of this letter is to formally express our district's interest in receiving additional
Public Education Government(PEG)access funds,and possibly equipment,so that we may
enhance our PEG Program.
One of our schools,Pacific Beach High School,has video equipment and has produced video
content, but needs a broadcasting studio/recording area. We also need to allocate some funds
to our participating schools so that they are able to replace batteries and purchase
miscellaneous supplies,as needed. These additional funds could also increase the reserve we
have set aside to help us update and replace equipment.
We greatly appreciate that you have extended this opportunity to us.
Sincerely,
.. ,'x'71'
Rita M.Delkeskamp
Director—Instructional Services and Special Projects