HomeMy WebLinkAboutMINUTES - 09171996 - D3 TO: BOARD OF SUPERVISORS ``�`SE L "tontra
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FROM: Phil Batchelor, County Administrator ✓� Costa
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DATE: August 27,1996
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SUBJECT: ELECTION COVERAGE POLICY
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the following criteria for election coverage and Amend the "CCTV Operating
Policy and Procedures" (Attachment A) to include the criteria:
Within an election cycle, 45 days immediately before a primary election or 60
days immediately before a general election on which a candidate/issue may
appear, only independent, inclusive events which cover or affect a large
portion of the County may be aired where:
• all candidates/sides are invited to participate;
• an independent moderator leads the program;
• questions are not pre-screened unless the event is covered live; (For
live coverage, indecent or obscene questions cannot be aired.) and '
• the event is open to the public with occasional restrictions due to limited
space.
PRESENT on CCTV AND TAPE the Candidates' forums which are of countywide
interest conducted by the League of Women Voters.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)J&_24=�,X(e�
ACTION OF BOARD ON SP_DtPmht-r 17, 1996 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE
X UNANIMOUS(ABSENT Smith (District 10 AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
ATTESTED September 17, 1996
Contact: P BA ELOR,CLERK OF TH ARD OF
CC: County Administrator U SORS AND COUNTY ADMIN TRAT
County Counsel
CCTV `
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FINANCIAL IMPACT:
NONE
BACKGROUND:
In 1994, the Board of Supervisors adopted the "CCTV Operating Policy and
Procedures"which authorized public agencies to request air time and facility use at
no cost. When nonprofit agencies like the League of Women Voters have asked for
airtime and facility use in the past, we have directed them to a public agency to get
sponsorship and also to apply for a grant to cover CCTV staff time. This has
sometimes become a logistical nightmare.
Community Access channels in the County are assisting with the video production
of these candidates' forums and Contra Costa Times is co-sponsoring most of the
forums. CCTV staff has worked with the League in the past. The League
appreciates CCTV staffs professionalism and is impressed with the facility. In
addition, CCTV reaches a much larger number of citizens than most access
channels in the County. In order to provide objective election information to the
voters of Contra Costa County, CCN would like to work with the League to produce
and air these forums.
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Attachment A
CONTRA COSTA TELEVISION (CCN)
CCl/ OPERATING POLICY AND PROCEDURES
MISSION:Contra Costa Television(CCTV),aGovernmental/Educational Access channel,is
a public service of the Board of Supervisors committed to producing and televising quality
programming on issues of countywide interest or concern.
A. PURPOSE OF ACCESS AND ELIGIBILITY
1. Government Access is intended to make cable available for use by local
governments. Access is made available, upon requests submitted in accor-
dance with the established criteria and procedure herein,to:
a. Local government bodies and agencies(otherthan educational)located
in Contra Costa County for use in connection with official government
activities.
b. State and Federal government bodies and agencies(otherthan educa-
tional)for use in connection with their official government activities that
affect the interests of the citizens of Contra Costa County.
C. Officials and representatives of the above for use in theirofficial govern-
ment activities. This includes State and Federal legislators who repre-
sent the districts in Contra Costa County.
However, use of government access for political advertising or to promote or
oppose a candidate for public office is not permissible Government Access
use.
2. Education Access is intended foruse by local public educational institutions for
transmission of instructional programming and other educational purposes.
Access is made available, upon request submitted in accordance with the
criteria and procedures herein,to:
a. Educational institutions and authorities located in Contra Costa County.
b. State educational authorities and agencies.
C. Officials and representatives of the above.
The purpose ofthe use must be transmission of public instructional programming
orto further other educational purposes.
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B. GOVERNMENTAL/ EDUCATIONAL ACCESS REQUESTS
1. Request for use of CCTV airing time,facilities or equipment
Requests must be made in writing by an eligible applicant to the Executive
Director of CCN. Program requests should be made on Form A(attached).
2. Charge for use of airing time, facilities or equipment
CC1V will not charge eligible applicants forthe use of channel time,facilities or
equipment when the applicant is producing a program for airing on the
Governmental/Educational Access channel.
C. PROGRAM REVIEW
1. Review criteria: Programs submitted from eligible applicants for airing on
CCN will be evaluated to determine if the proposed program is:
a. of countywide interest,
b, of a governmental or educational nature,
C. of broadcast quality,and
d, within acceptable community standards and mores.
D. PROGRAM CONTENT
1. Content Criteria- Program content will be reviewed for the following:
a. The program shall contain no obscene or indecent matter;
b. The program shall contain no libelous or slanderous matter;
C. The program shall contain no matter, the use of which is subject to
copyright, except where the applicant demonstrates compliance with
applicable laws;
d. Except as provided in"g"belowthe program shall contain no commercial
matter. "Commercial matter"shall include: (i)any advertising material
designed to promote the sale of any products or services, including
advertising by or of behalf of candidates for public office; (ii)any audio
or visual reference to any business enterprise, service or product for
which any economic consideration was received by anyone in exchange
for the display, announcement and/or reference to such business,
enterprise, product or service; or(iii)any material used or designed for
use to solicit funds, support or other property of value, directly or
indirectly, for any business, enterprise, person, foundation and/or
organization regardless ofwhetherforcommercial orcharitable purposes,
or for any political party or candidate for office; and
e. The program shall contain no advertisement of or information concerning
any lottery, gift enterprise, or similar scheme offering prizes drawn or
awarded by means ofanysuch lottery,giftenterprise orscheme,whether
said list contains any part or all of such prizes.
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g. It is recognized that grants and/or other types of support maybe made
available to individuals,groups orentities forthe purpose of underwriting
the cost of production. In such instances, a standard "patron's
acknowledgment"maybe placed at the end of the subject presentation
(e.g.,"This program was made possible by a contribution from the XYZ
Corporation").
E. USE OF PRODUCTION FACILITIES AND EQUIPMENT
1. Scheduling Use of the Production Facility and/or Equipment
Following approval by the Executive Director of CCN of a request to use the
facility orequipment,and subjectto availability,the Production Managerwill be
responsible forscheduling the use of the facility and equipment on afirst-come,
first-serve basis. Users will be required to sign the appropriate form(s). (See
Form"B"and"C"attached.)
2. Responsibility forthe Facility and/or Equipment
The individual or group using the facility will bear all costs for repairing any
damage done to the facility during their use.The individual orgroup checking out
the equipmentwill bear all costs ifthe equipment must be repaired or replaced
due to damage,theft or abuse. CCN may refuse to allow use of the facility or
equipmentto individuals orgroupswho have misused the facility orequipment,
failed to return equipment on time,or in any otherway abused the privilege.
3. Rental ofFacility: Intheevent,groups otherthan governmental oreducational
request use ofthefacilityto produce programming oran eligible governmental
oreducational group requests use ofthefacilityto produce a program which can
not be aired on CCN,either group will be subjectto procedures detailed in the
CountyAdministrative Bulletin entitled"County Services"No.3.1 dated 10/9174
including any subsequent amendments thereto. Thesegroupswill be required
to be pay the appropriate rental fees and sign the"Temporary Permit to Use
County Facility"Form. (See attached.)
F. CCN SERVICES
1. Tape Duplication- One to three copies of a tape can be duplicated by CCTV.
(See"Rate Card.")
2. Production Services: CCN is available to provide production services on an
"as available"basis. A production agreementwill be drafted and signed by both
parties and reviewed by County,Counsel. A reasonable rate, sufficientto cover
County costs and overhead will be charged.
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G. APPEALS PROCESS
1. Written Appeal: In the event an applicant wishes to appeal the decision of
CCNs Executive Director to deny the request to use CCTV's airtime,facility
orequipment,a written appeal for review of request can be made within ten days
afterthe initial request has been denied to the County Administratorwith a copy
to CCNs Executive Director.
If the County Administrator denies the appeal,awritten appeal for reviewof the
request can be made within ten days aftersuch subsequent denial to the Board
of Supervisors with a copy to the County Administrator and CCNs Executive
Director.
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n
Form "A"
CCtV Program Airing Request
Application for Cablecast on Contra Costa Television (CCTV)
NameofApplicant:
Address of Applicant:
Home Telephone: Business Telephone:
Name of group,organization or other entity on whose behalf application is made, if any:
Use of Community Channel is requested on:
1 st Choice
(date) (time) (length of program) (number of weeks)
2nd Choice
(date) (time) (length of program) (number of weeks)
3rd Choice
(date) (time) (length of program) (number of weeks)
Description of Program:
Applicant hereby applies to CCTVfor use of the Governmental/Educational channel,on the following terms
and conditions:
1. Applicant is submitting with this application a prerecorded program which Applicant desires to have
cablecast.
2. Applicant representsthat he has read CCTVOperating Policy and Procedures,and hereby agreesto
abide by the terms and conditions contained therein.
3. Applicant represents that he is aware of the restrictions on"Program Content"setforth in Section D of
the CCN Operating Policy and Procedures and represents that the program does not violate any of
those restrictions.
4. Applicant represents that he has made all appropriate arrangements with,and has obtained,without
limitation,all necessary licenses and/or clearances from broadcast stations,sponsors,music licensing
organizations,performers'representatives,copyright holders and any and all other persons(natural or
otherwise)as are necessaryto lawfully transmit program material over CCTV's Channel.
5. If the cablecast contains copyrighted material,attach title of copyrighted works,names of authors and/
or composers and documentation showing clearance from the copyrighted owner and/or licensing
agent.
6. Applicant hereby agrees to defend, indemnify and hold CCTV harmless from any and all loss, liability,
damage orother injury(including the reasonable costs of litigation orthe defense of any claim)CCN
may suffer as a result of claims, demands, costs or judgment against CCN arising out of or in
connection with Applicant's use of CCTV's channel, including, but not limited to,the failure to comply
with any applicable local,state orfederal laws, rules, regulations or other requirements; any claim for
libel,slanderorthe invasion of privacy;any claim of infringement of common law orstatutory copyright;
anyclaim forthe unauthorized use of any trademark,trade name orservice mark;any claim for breach
of contractual or other obligations owing to third parties by CCN and for any other claim.
7. Applicant herebywaives any claim or right against CCTV resulting from the loss,destruction ordamage
to any videotape submitted byApplicant or resulting from the failure or refusal to cablecastthe videotape
or cablecast it at the scheduled time. Further,Applicant hereby releases CCTV from all such claims.
Applicant hereby represents thatthe videotape submitted by him has no economic value other than the
value assigned the videotape on which any information is recorded.
8. Further, Applicant understands that its NAME and MAILING ADDRESS WILL BE MAINTAINED at
CCTV's offices and may be made available to members of the public, including governmental
agencies, upon reasonable request therefor. Applicant hereby consents to the release by CCTV of
Applicant's name and mailing address to any members of the public, including any governmental
agency.
(Applicant's Initials)
Applicant Signature Date
CCTV's' Production Manager Date
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3
FORM "B"
c4ctv EQUIPMENT USAGE AGREEMENT
The borrower has inspected the equipment listed on the attached form and has found it to be in
proper working order accept as expressly noted below:
In return for the use of this equipment free of any change, the borrower or borrowing organization agrees
to completely reimburse Contra Costa County Community Access monies for the cost of any repairs,
including charges for parts, which are necessitated by any damage to the above equipment occurring
during the time it is in the borrower's possession,if the damage, in the sole judgment of the CCTV Production
Manager, is due to negligence or intentional damage on the part of the borrower. Additionally, if any piece
of equipment checked out to the borrower is lost, stolen or damaged beyond repair due to negligence or
intentional damage on the part of the borrower or borrowing organization,they hereby agree to reimburse
the Contra Costa County Community Access Fund for the full cost of replacing that piece of equipment. If
any piece of equipment checked out to the borrower is lost, stolen or damaged while in the borrower's
possession or control under circumstances covered by insurance carried by the borrower, borrower hereby
agrees to cooperate with Contra Costa County Cable TV Administration Office in filing appropriate claims
for repairs or replacement of the equipment with borrower's insurance carrier. It is also understood that
the equipment will only be used for the project specified on the equipment request form. It is understood
that equipment cannot be used in violation of any law including the U.S. copyright laws. It is also understood
that equipment cannot be used in any way for personal profit or remuneration. All defects in equipment
must be reported directly to Cable TV Administrator. Failure to comply with all provisions of this agreement
can result in the loss of future use of County equipment.
Borrower's Signature Department
Date
{CCM Video Unit Supervisor Date
Comments regarding the condition of equipment upon check-in by a staff member:
Staff's Signature Date
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Form "C"
C�C�Ctv TEMPORARY PERMIT TO USE COUNTY FACILITY
Permission to use County facility shown in red on the attached drawing for the purpose of
is hereby given to the undersigned Permittee subject to the following terms and conditions:
9. Use of the facility shall commence on and end on
and upon receipt of a rental fee of
inthe form of a certified check or money order payable to Contra Costa County-CCN and delivered to the
Franchise Administrator or designee prior to the day of rental.
2. This permission shall not be transferred or assigned without the prior written consent of the County.
3. Upon termination of this permit, Permittee agrees to restore the facility to the condition it was prior to their
use and to leave the premises in neat, clean and orderly condition. Upon failure so to do, work may be
performed by the County at Permittee's expense,which expense Permittee agrees to pay to the County upon
demand.
4. Permittee agrees to repair or replace at Permittee's expense any damages to the facility or equipment that
may occur due to the Permittee's use of the facility.
5. Permittee certifies that the programming produced using this facility will not be obscene and otherwise, in
any manner, in violation of any applicable laws.
6. Permittee agrees to defend, indemnify and hold harmless the County, its boards, commissions, officers,and
employees from any and all claims, demands, costs, damages, losses, actions, causes of action or
judgements which County may pay or be required to pay by reason of any damage, injury or death to any
person or property suffered by any person,firm or corporation arising out of or in connection with Permittee's
use of CCTV's facility.
7. Permittee agrees to provide the County with a certificate of insurance from their insurance carrier prior to
use of the facility showing single limit liability insurance coverage in the minimum amount of$500,000.00
with a rider showing that said insurance will cover the premises herein described and naming the County,
it's officers, employees and agents as additional insured and requiring thirty(30)days written notice of policy
lapse or cancellation.
8. Occupancy and use of the facility is subject to the execution and approval of this agreement which should
be delivered to the Franchise Administrator.
9. This permission may be revoked or suspended if justifiable complaints of "nuisance" (e .g. dust, noise or
invasion of privacy) are received from occupants or owners of nearby facilities or in the event of a breach
of any of the terms and conditions herein, or in the event that the Permittee uses the facility for any purposes
not expressly specified in this permit.
PERMITTEE CONTRA COSTA COUNTY
By: Date:
Date:
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CONTF2A COSTA COUNTY
Office of the County Administrator
ADM=N= S TRAT=VE BULLET=N
Number: 103. 1
Date: 10-9-74
Section: General
SUBJECT: County Services
County officials and department heads are occasionally asked to
provide services or facilities under their control to other
organizations, both governmental and non-governmental. County
policy concerning the provision of services, space, and equipment
is as follows :
Non-governmental agencies . Space, services and/or equipment may be
made available if the following conditions are met:
1 . The request is made in writing to the Office of the County
Administrator.
2 . Legality of the request is verified.
3 . Approval is granted by the Board of Supervisors after
recommendation by the County Administrator.
4 . County costs, including overhead, are fully reimbursed.
Governmental agencies . Individual requests, as contrasted to
continuing arrangements under authorized Joint Powers Agreements,
may be honored if the following conditions are met:
1 . Requests are made in writing to the Office of the County
Administrator.
2 . Approval of the County Administrator is obtained in the case
of jurisdictions governed by the Board of Supervisors .
3 . Approval is obtained from the County Administrator or Board of
Supervisors, in the case of jurisdictions outside the control
of the Board, as required by the following criteria:
a. Approval by the County Administrator when the value of
the service and/or equipment does not exceed $1,000.
b. Approval by the Board of Supervisors when the value of
the service and/or equipment exceeds $1,000 .
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C. In urgent and immediate situations approval may be
granted by the County Administrator, subject to later
confirmation by the Board of Supervisors, regardless of
the value of the services and/or equipment involved.
The Office of the County Administrator shall work out procedures
with county departments where necessary so that flexibility of
action is possible and delays may be avoided.
Information on the cost of supplying regular or extended county
services will be provided by the Office of the County Administrator
utilizing current, comprehensive cost data. County employees and
officials should avoid quoting information on the cost of county
services .
Reference: Resolution Number 1077 and Number 1078
dated July 24 , 1962
Resolution Number 74/799 dated September 3, 1974
/s/ Arthur G. Will
County Administrator
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CCtv
CCTV RATE CARD
As of April 1994
COLORVIDEO PRODUCTION RATES
In Studio with 2 Crew............................................................. $120.00/hour
Half day rate(4 hours) ................................................................... $400.00
Full day rate(8 hours)........................:........................................... $750.00
POST PRODUCTIONNIDEO TAPE EDITING RATES
3/4"Video Tape Editing with time base correction..................... $125.00/hr
Half date rate(4 hours) .................................................................. $420.00
Full day rate(8 hours).................................................................... $800.00
3/4"Video Tape Duplication..................$35.00 Cnty mail/$45.00 U.S. Mail
1/2"Video Tape Duplication..................$15.00 Cnty maiV$25.00 U.S. Mail
(video tape provided by client)
REMOTE COLOR VIDEO PRODUCTION RATES
Color camera, SVHS, microphones, lights, 2 crew................... $150.00/hr
Half day rate(4 hours) ................................................................... $450.00
Full day rate(8 hours).................................................................... $900.00
MISCELLANEOUS
Client purchase of SVHS video cassette ......................................... $15.00
To'd i2,6 9LLS E26 OTS 62:60 966T-eZ-onu z
Attachment B �'✓
TO: Pat .Bkrke- FAX
DATE: August 22, 1996
FROM: Livvy Coupe(299-1871) and Gwen Watson (930-9965)
Please check the list below and let us know if you see any errors. Livvy has penciled ill
October 17 for U. S. Congressional race.
Site is now in [lie process of scheduling the other races oil Thursday
tights between September 19 and the end of October.
NOVEMBER '96 RACES
LEAGUE OF WOMEN VOTERS—DIADLO VALLEY
Race Co-Sponsors Cable TV Coverage
1. Congressional Dist, 10 CC Times&LWV-DV C 7-0-1
Congressional Dist. 7 CC Times&LWV-DV TC
2. State Senate Dist. 7 CC Times&LWV-DV Contra Costa TV
Assembly Dist. 15 CC Times&LWV-DV Contra Costa TV
3. CCC Supervisor Dist. 2 CC Tinies&LWV-DV Contra Costa TV
CCC Superior Court CC Times&LWV-DV Contra Costa TV
4. CCC Supervisor Dist. 3 CC Times&LWV-DV Contra Costa TV for ViaconaCl
San Ramon Valley Sch. Dist. CC Times&LWV-DV Contra Costa TV for Viacom/l Cl
5. Antioch City Council Antioch Ledger Dispatch+LW✓oViacontll'CI
Antioch Mayor Antioch Ledger Dispatch 4LW-DV ViacondTCl
6. Walnut Creek City Council CC Times&LWV-DV TO Walnut Creek
7. Clayton City Council LWV-DV with AAUW Clayton Concord Cabtb TV
8. Moraga Town Council LWV-DV TO
Orinda City Council LWV-DV TO
9. Mi. Diablo Hospital District LWV-DV&CCTV Contra Costa TV