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HomeMy Public PortalAbout04-08-96 COMMUNITY CABLE ACCESS ADVISORY COMMISSION• • COMMUNITY CABLE ACCESS ADVISORY COMMISSION LYNWOOD CABLE STUDIO 3560 MARTIN LUTHER KING; JR. BLVD. LYNWOOD, CA; 5:30 P.M. .._. -- � ITMO E YN o D AGENDA cITY- CLERKS OFFIC y 41 "3'b z APRIL 8, 1996 I. ADMINISTRATIVE ITEMS A. Call to Order B Pledge of Allegiance C Invocation D - Roll Call E. Minutes -March 11, 1996 - Regular Meeting II. INFORMATIONAL ITEMS A. Minutes Preparation for CCAAC meetings III. SCHEDULED MATTERS A. Cable Franchise Agreement Review IV. COMMISSIONERS'/ STAFF. REPORT III KG] l AIA t 8 ► 9 i�� ll ��� 1i2is � 4i � 1 �� c r� VI. ADJOURNMENT - TO NEXT REGULAR MEETING ON MAY 13 1996 0 0 COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING The regular meeting of the Community Cable Access Advisory Commission of the City of Lynwood was held March 11, 1996, at the Lynwood Cable Studio. (The Agenda was duly posted as prescribed by the Brown Act.) Chairperson Bill Lewis Jr called the meeting to order at 5.30 P.M. Commissioners in attendance were A. Ann Fields, Ethel Pacheco, and Ada McZeal. Commissioner Bill Cunningham was absent. I ° 1 Staff present were Johonna Jacobs - Howard, Ron Roberson and Serena Coulson. Commissioner Fields motioned to approve the minutes of the February 12, 1996 meeting with correction. Commissioner Pacheco seconded the motion. Correction to February 12, 1996 minutes of CCAAC Meeting I. Scheduled Matters, Section B Discussion on Cable Franchise Agreement Added: "It was stated that all the Commissioner responded and agreed to finding out the City Manager and City Attorney's point of view on the Cable Franchise Agreement." I. INFORMATIONAL ITEMS Fourth Annual Cable Awards Program Commissioner Lewis stated that in the last CCAAC meeting it was suggested that Staff person Howard select and schedule a date for the Fourth Annual Cable Award Program. He stated that November 18, 1996, is the date that has been selected. Now we have a target in which we can discuss some of the other things surrounding the Fourth Annual Cable Award Program. H. SCHEDULED MATTERS A. Discussion on Cable Franchise Agreement Commissioner Lewis asked for discussion the Cable Franchise Agreement. Commissioner Fields suggested to table the discussion of the Cable Franchise Agreement, because the Commissioner who requested the discussion is not present at this time, Commissioner Lewis stated that he disagreed with tabling the Cable Franchise Agreement discussion, because in the Lynwood Press, March 6, edition, a public hearing is scheduled regarding enrollment fees for the Adult Cable Production Workshop and other matters. • 0 COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING The City Council at its next meeting, on March 19, will hold a public hearing on this matter and the Commission should have some idea of what its posture is going to be prior to the public hearing. Commissioner Fields asked Commissioner Lewis, if the Commission was going to study the Cable Franchise Agreement and then hear from the City °Council; because this is what we discussed in the February 12,-meeting it - is on the agenda. We invited members of the City Council to come to today's meeting and discuss their point of view regarding the Cable Franchise Agreement and we were to respond with our questions. Commissioner Lewis asked Staff person Howard if the Commission would be hearing from a representative of the City Council and City Manager Staff person Howard stated that she informed the City Manager of the Commission's request and his response was that she is the Commission's liaison and his representative at these meetings. She also stated that neither the City Manager nor the City Council will attend this CCAAC meeting. She stated that the City Manager wants to know what the Commission sees as the needs for this community relative to community cable access, for inclusion in the negotiated terms of the agreement. This information was not presented in a memorandum, because I it best to relay it to the Commissioners at is meeting. Commissioner Fields stated that this information is what we wanted to hear, now we have some direction. Commissioner Lewis asked Staff person Howard whether the public hearing that City Council plans to hold on March 19, will be the only public meeting that will be held with respect to the Cable Franchise Agreement prior to the approval of a renegotiated agreement. Staff person Howard stated that the meeting for March 19, is to consider assessing fees for various services that Lynwood Media Services provides at this time. This hearing is not to receive recommendations from the public relative to the Cable Franchise Agreement. Commissioner Lewis asked Staff person Howard if the March 19, meeting is open to the public with respect to discussion of the fees. Staff person Howard answered yes. Commissioner Lewis asked Staff person Howard would it be inappropriate for this Commission at this time to take a posture with respect to whether or not fees will be charged; and what the�fees might be. Staff person Howard informed the Commission that it could take any posture it wishes, but let it be known that the written recommendation has already been made; however, that does not mean that you cannot come to City Council and influence the decision. If you feel that the fees are not what you want, you can make recommendations on the floor and the City Council can consider E 0 COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING changes, if any Commissioner Lewis stated, the reason I asked, is because at the February 12, meeting a number of the Commissioners had concerns about keeping cable access free, without charging fees to the public. He asked Staff person Howard, given the Commission's concerns about assessing enrollment fees for cable production workshops, if she could convey its concerns to the City Manager? He also asked if the Commission could express its concerns ombehalf of the community and submit them in writing-to-the City Council for acknowledgment at the March 19, meeting. Staff person Howard stated, that she would not affirm his request because she represents the City of Lynwood as the manager of Lynwood Media Services; I report to the City Manager Although I am the liaison to the Community Cable Access Advisory Commission, my direction related to administering Lynwood Media Services does not come from the Commission. I was directed by the City Manager to develop various ways for generating revenue. She indicated to the Commission that my role in this matter (assessing fees for Lynwood Media Services) is not to represent the Commission's posture. Commissioner Lewis thanked Staff person Howard for her response. Commissioner Lewis stated that discussion is open to the floor regarding this matter Commissioner Fields asked Staff person Howard, if the March 19, meeting was already on the City Council Agenda? Staff person Howard stated it will be on the Lynwood Information, Incorporated Board of Director's Agenda. Commissioner Fields stated, so if everything is ready for March 19, today, the City Council must know what the fees are. Commissioner Fields asked what are the fees? Commissioner Lewis stated that they are here in the public notice. Everything that they are planning, impacts the public who we are acting on behalf of Commissioner Fields stated, so what will be discussed at the March 19 meeting is indicated here? Commissioner Lewis stated every single detail. The public notice is so detailed that it even gives specific prices for specific lengths of tape. Commissioner Lewis asked all the Commissioners if they saw the public notice in the Lynwood Press. The Commissioners answered no. Commissioner Lewis stated that is why I brought up the discussion because all the Commissioners were not aware of the public notice. Staff person Roberson asked what is the public notice about. Commissioner Lewis stated that the public notice is about all matters that pertain to public access regarding cable. He also stated that he thinks that the Commission is to interact with City Council, because it is not above the Council, by no means. I believe that the Commissioners are appointed to act on behalf of the public, the community and the citizens of Lynwood. If we have specific concerns COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING about public access then the community relies on the Commissioners to express those concerns. Even though we may fear retribution, we still need to be public advocates. Commissioner Fields stated that she does not know if this is all that will be discussed in the March 19, meeting. Staff person Howard stated that this is not the entire report, there are other fees for video production services. Commissioner Lewis stated that this is everything that is related to the enrollment fees for cable production workshops and what - - charges are for various video production services. Commissioner Fields stated that what we need to look at are the enrollment fees for the cable production workshops. Commissioner Lewis stated, this is coming up on March 19, so even though it does not address the entire Cable Franchise Agreement it does address specific issues that impact the public. Commissioner Fields stated that enrollment fees for cable production workshops are what need to be discussed. Commissioner Lewis stated that discussing the fees is most urgent, because it is a part of the discussion of the Cable Franchise Agreement. Commissioner McZeal read the public notice to the Commissioners regarding the Adult Cable Production Workshop fees and other fees. She then read a section of the Cable Franchise Agreement, Page 16, Items A and B. She asked the Commissioners and Staff to take a look at the Cable Franchise Agreement, Section 23 She stated that based on this section charging enrollment fees for cable production workshops is a conflict of the Cable Franchise Agreement. Commissioner Lewis asked Staff person Howard if there is another agreement in place that post dates the current Cable Franchise Agreement. Staff person Howard answered no. Commissioner Lewis stated, then the answer is no. Commissioner Lewis stated, so this is the agreement that is in place at this time. Staff person Howard answered yes. Commissioner Lewis stated that he agrees with Commissioner McZeal in regards to the conflict of the Cable Franchise Agreement. He stated that he asked these questions because if March 19, meeting is the last meeting regarding these fees, then there will be no other hearing. Commissioner Fields stated that she does not know if that is so. Staff person Howard stated yes, this will be the only hearing with the respect to these fees. We have been talking about charging enrollment fees for the cable production workshops since last year Even though the Commission did not know what was indicated in the Cable Franchise Agreement, we discussed enrollment fees for cable production workshops and everyone agreed to it. I support whatever the community wants to do, but this had already been agreed on by the Commission. I have been very candid with the Commission regarding the needs of Lynwood Media Services and how much staff time is entailed in teaching the workshops. Commissioner Fields and Commissioner 4 0 0 COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING Pacheco stated, yes we all did agree to the enrollment fees for the cable productionworkshops. Commissioner McZeal stated to Staff person Howard, basically what you are trying to do is to generate funds to run this facility, and the Cable Franchise Agreement expires this year Commissioner McZeal asked Staff person Howard is that correct? Staff person Howard answered yes. Commissioner McZeal stated that we need to negotiate and have Continental Cablevision give -Lynwood Media amannual fee the way they use to, instead of a lump sum. What I recommend is that the Commission ask to have the City Attorney review the Cable Franchise Agreement. She asked the Commissioners and Staff to take a look at Page 3, of the Agreement. Commissioner Lewis stated here where it reads the City agrees to accept the sum of $317,700 in full settlement of the commitment to provide grants for local programming, as set forth in Section 9.2 of Ordinance No. 1134 Can that be revised when the agreement is renewed? Commissioner Lewis stated his understanding is that Staff person Howard is saying that the City Manager already knows what they intend to negotiate. Staff person Howard answered no, the City Manager wants the Commissioners input. Commissioner McZeal stated, that the Commission should go through the Cable Franchise Agreement and make notes on what it wants the City Council to look at. She stated that one of the issues is enrollment fees for cable production workshops. Commissioner Lewis stated at the time the Commissioners discussed enrollment fees for the cable production workshops he had not read the Cable Franchise Agreement. He stated since studying the Cable Franchise Agreement he has noticed that it was negotiated with the public's interest in mind. He stated that he researched by calling a number of surrounding cities and found that most of the cities that have contracts with Continental Cablevision and other cable operators nearby such as South Gate, charge no fees for training. Commissioner Fields asked Commissioner Lewis if he has that statement in writing; whatever the Commission presents has to be in writing. Commissioner Lewis stated that what he is saying is open to the public and that he did not do this research as a Commissioner, but as a consumer He explained his conversation to the Commissioners and Staff in full detail. He stated also that he spoke to John Clodfelter of Continental Cablevision, and representatives of various cities such as Paramount, Bellflower, Montebello and North Hollywood. He stated that these cities do not charge fees for training. 0 0 COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING Staff person Howard stated to the Commission that it could take any action it pleases; however a considerable staff time goes into teaching the workshops provided by Lynwood Media Services. She asked the Commissioners, is the production training really of some value to the community? Commissioner Lewis stated that based on what we have done and seen at the Cable Awards Programs, yes it is of value to community Not only that, but the City Council - apparently feels that it is of value, because they are constantly calling on the- : - volunteers that they want to charge, to have access to the equipment to go out and shoot events related to the community Staff person Howard stated that the enrollment fees are very minimal. Commissioner Lewis stated that as minimal as they maybe, for a person who can barely come up with their house payment, it will be hard for he /she to come up with the fees you are asking. Paying $35 00 and/or $25 00 is hard for some people. He stated that if a person such as this wants to learn how to shoot video, they will have to go to another city and falsify their residence. If they wanted to learn the camera or produce then this should be available to them. The Commission can oppose these fees and at the same time recommend that the City of Lynwood in their negotiation with the cable operator, demand that it provides training as agreed to in the first place. Cable production training is free in the surrounding cities, so why are our citizens going to have to pay for what other citizens in other communities have free. Commissioner McZeal stated that this is pointed out on Page 17, Item C, of the Cable Franchise Agreement. Commissioner Fields asked what are we going to do? We did ask to generate revenue. Commissioner McZeal stated we suggested the selling of video, but after looking at the Cable Franchise Agreement the Commission needs to force Continental Cablevision to comply with the contract. It has not complied with it. Commissioner Lewis stated to Commissioner McZeal, that her response did not answer Commissioner Fields question. Commissioner Lewis stated that what he would say to the City Council and to Staff is, yes, if the City feels that it must continue in the business of training and providing services, it must not do it on the backs of the citizens when other communities are providing the same service with no charge. The City Council has granted licenses to the cable operator in exchange of fees, ultimately paid for by the public that subscribes to cable. There are other alternatives to raising revenue, the Cable Franchise Agreement, states that the cable operator will provide state -of -the -art equipment for the City of Lynwood in the Media Services Department. We do not have state -of -the -art equipment, one example is the Hi 8 microphone. Without state -of -the -art equipment we cannot provide state -of -the -art production. The major broadcasters and the independents such as ABC, CBS, NBC, Channel 13, Channel 9 and Fox, all E COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING accept material on one format, which is 1" videotape. He explained to the Commissioners and Staff how the format works in full detail. Commissioner Fields asked, what are we going to do, rewrite the agreement or are we going to stay with the one we have? Commissioner McZeal stated that the Cable Franchise Agreement that we have now has not expired. She suggested to force Continental Cablevision to comply with the Cable � ° Franchise Agreement until renegotiation. Right now, we have to use the Lynwood Information Incorporated budget to purchase equipment that we need. She suggested to charge Continental Cablevision for the equipment that Lynwood Information Incorporated has purchased so they can reimburse us. Commissioner Fields stated to Commissioner McZeal that she understands what she is saying. She asked, but what is the recourse of the Cable Franchise Agreement. Commissioner McZeal stated that she is going to the City Council meeting on March 19, inform the City Council about what we have discussed regarding the public hearing and Cable Franchise Agreement. It all depends on how the City Council reacts to our recommendation. One of the things that should be brought to their attention is that Continental Cablevision has not complied with the Cable Franchise Agreement. Commissioner Fields asked, when we go before the City Council do we want to discuss the Cable Franchise Agreement or just get one issue resolved? Commissioner Lewis stated that the fees for the cable production workshops are a part of the Cable Franchise Agreement. Commissioner Fields stated, but it say cable production workshops have no fees. Commissioner Lewis stated that is correct, the fact that we are looking to initiate new fees for some things and the public notice states to propose new fees and new rates in some cases. Commissioner Lewis stated that there are a combination of issues and they all relate to the Cable Franchise Agreement. Staff person Howard stated not all the fees indicated in the public notice relate to the Cable Franchise Agreement. Commissioner Lewis stated that proposing to charge fees for any of these services is in conflict with the Cable Franchise Agreement. Commissioner McZeal stated that we are talking about charging fees for the cable production workshops. Commissioner Lewis stated specifically, you are correct, but not if you are offering video production for services; the Adult Cable Production, Children On Camera Performance and Adult Cable Production Advance training sessions, those items especially - Commissioner McZeal stated commercials are separate from video production services. Commissioner Fields stated charging fees for the cable production workshops are the very thing we voted on, because the non- residents would pay more then Lynwood residents. Commissioner Lewis stated, I agree, at that time we had not reviewed the Cable Franchise Agreement as we have now Commissioner Fields stated that the fault is on us, not the City Council. E E COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING Commissioner Lewis stated that because we voted on charging fees for the cable production workshops at one time, does not mean the we can not reverse ourselves. At this point we have more information on hand. Commissioner Fields suggested that the to Commission to stay with one issue, the public notice or the Cable Franchise Agreement. Commissioner Lewis stated that we cannot just•discuss the Cable Franchise Agreement, because it in itself will not be the issue at the City Council meeting on March 19, the public notice will be the main issue. Commissioner Lewis stated all we can really address at the City Council meeting are those specific issues that are coming up at the public hearing. He stated that Commissioner McZeal said that she will be attending the March 19, meeting. I will be attending as well; however, I intend to take off my Commissioner's hat and speak as a citizen. It is to speak on behalf of the Commission, we have that responsibility Commissioner Fields stated I am willing to have someone speak on behalf of the Commission, but I must know in advance what will be stated. Commissioner Lewis stated that is what I am trying to do, address specific issues. He asked for a motion stating that the Community Cable Access Advisory Commission oppose the proposed new fees revision, with respect to the Adult Cable Production Workshop (beginning session for both residents and non- residents), oppose the fees for the Adult Cable Production Workshop (Advanced session)and oppose charging fees for the Children On Camera Workshop. Commissioner Fields stated that I do not oppose that, because I voted for the fees. There is nothing free anymore, those days are gone. Commissioner Lewis stated nothing is free in the City of Lynwood, but cable production workshops are free in other cities. Staff person Howard stated, that her only problem with the cable production workshop is that training is so time consuming. We do not have the staff to concentrate on exensive teaching cable production when there are no monetary benefits. This would be my recommendation to the City Manager Commissioner Fields stated that it is a lot involved in training the workshops. Staff person Howard explained in detail what the cable production workshops entailed. Commissioner Lewis asked for a motion that says Lynwood Media Services will no longer conduct training workshops. Staff person Howard stated, I am going to make recommendations at budget time for the cable workshops to be discontinued. If we can not generate revenue, it is too time consuming for us to pursue unless we have an additional staff person. Commissioner Lewis stated at this point we cannot ask City Council for additional staff. Staff Howard stated that you can present your opposition at the March 19 meeting, that is all you can do. Staff person Howard asked the Commission, is your 8 n L COMMUNITY CABLE ACCESS ADVISORY COMMISSION MINUTES OF THE MARCH 11, 1996 MEETING opposition based on the fact that you have discovered that the Cable Franchise Agreement is in conflict with charging fees for cable production workshops? Commission McZeal stated in view of the fact that fees would be charged to the public, this is in conflict with the Cable Franchise Agreement. It is not something that we want to do; it is something that is not feasible. Commissioner McZeal read Item C, Page 17 of the Cable Franchise Agreement to the Commissioners and Staff. -She stated that what-we saying is that, we can not afford to provide training, because of staffing and financial resources. The Cable Franchise Agreement clearly states that Continental Cablevision is to suppose to provide the training. Commissioner Fields stated that I need to know what the recommendation is. Commissioner Lewis stated that the recommendation is that Lynwood Media Services stop cable production workshops training, unless there is additional staff added. Staff person Howard stated, as Staff person in charge of Lynwood Media Services I would not suggest that we immediately stop offering the cable production workshops, because we have made commitment to the community, we have a list of people waiting for the classes to begin. Commissioner Fields stated that we are going before the City Council, our recommendation should be in writing. After much discussion the Community Cable Access Advisory Commission prepared and voted on its recommendation to be presented the City Manager Memorandum Recommendation reads as follow: We the Community Cable Access Advisory Commission recommend that fees are not charged to Lynwood residents for their participation in the Adult Cable Production Training Workshops (Beginning or Advanced) or the Children's On- Camera Performance Workshop. Our recommendation is based on the review of the City of Lynwood's Franchise Acceptance Agreement and Release with Continental Cablevision (formerly American Cablesystems), dated October 6, 1987 According to "Section 23, Items A, B, and C, Continental Cablevision should be responsible for the following: A. Grantee (Continental Cablevision) shall provide free of charge consulting and training services on production and program format and the of public access, governmental and educational. B Grantee (Continental Cablevision) shall offer and conduct a free workshop, not less than four times a year to provide training in the technical and conceptual skills required for community television production. COMMUNITY CABLE ACCESS ADVISORY CC MINUTES OF THE MARCH 11, 1996 MEETING C A full -time professional staff shall be employed by the Grantee (Continental Cablevision) to conduct training programs, to promote the public use of the public channels.... Based on the above information the Community Cable Access Advisory Commission believes that the approval of fees for public access training would ---be in-violation of existing the franchise agreement and-that Continental Cablevision should be required to provide the public access services as set forth in the franchise agreement. Commissioner Lewis asked, do we have to be as specific as that? Could we just say we the CCAAC oppose charging fees to Lynwood residents for training in the use of video production. Commissioner McZeal stated, no because want we to leave ourselves open to be able to get what we ask for We want to make sure it is worded and presented in the correct way We want to keep an option open. Commissioner Fields stated that she still feels that non - residents should pay for training. Commissioner Lewis stated that one of the stipulations he found when he did his research in other cities, it that you have to be a resident in those cities to be able to enroll in the cable production classes free. Commissioner McZeal stated that perhaps we can add to the recommendation that non - residents are required to pay a fee for enrollment into the cable production workshops. All the Commissioners agreed. Commissioner McZeal asked when the Cable Franchise Agreement expires? Staff person Howard answered, October 14, 1996. Commissioner McZeal motioned to study the Cable Franchise Agreement again, and bring it back at another date. Commission Fields stated to add to that motion that the Cable Franchise Agreement be discussed at a working meeting. She suggested to put on the agenda that the next meeting April 8, 1996, be a working meeting. Commissioner McZeal motioned that the recommendation be approved as presented. Seconded by Commissioner Fields. Staff person Howard requested for an approval from the Commission; that the Lynwood Showcase not be viewed, at the April 8, 1996 meeting, because it is a working meeting. All the Commissioners agreed. B. • Preview of Lynwood Showcase #77 There was no viewing of Lynwood Showcase #77 due to the overload of work that has been assigned to Staff person Roberson. 10 '� A 11 THERE BEING NO FURTHER BUSINESS, THE COMMUNITY CABLE ACCESS ADVISORY COMMISSION MEETING WAS ADJOURNED AT 7:25 P.M. 11