Item 7 Staff Report Adopt a Video Access and Retention Policy for Town Council Meetings and other Public MeetingsMEETING DATE: 4/7/03
ITEM NO.
COUNCIL AGENDA REPORT
DATE: APRIL 7, 2003
TO: MAYOR AND TOWN COUNCI
FROM: DEBRA J. FIGONE, TOWN MANAGER
SUBJECT: ADOPT A VIDEO ACCESS AND RETENTION POLICY FOR
TOWN COUNCIL MEETINGS AND OTHER PUBLIC
MEETINGS
RECOMMENDATION:
Adopt a video access and retention policy that (1) requires the Town Clerk's office to retain one (1)
master copy of videotape recordings for a period of five (5) years and (2) authorizes the Library to
retain videotape recordings of Town Council meetings and other public meetings for a period of one -
hundred and eighty (180) days for the purpose of public access.
BACKGROUND:
In early 2003, the Town completed the installation of a video production system to televise Town
Council meetings. During that time, the Town also entered into a contract with KCAT, a non-profit
public access station to provide cablecasting services as it relates to the live broadcast and
rebroadcast ofpublic meetings. The introduction of televised public meetings and the issue ofpublic
access has prompted the exploration of a Town video access and retention policy. The purpose of
such a policy is to outline practices and procedures concerning public access to and the retention of
video recorded material.
Early this year, staff presented the Council with a video policy recommendation to retain video tape
copies of televised public meetings at the Town Library for a maximum of ninety (90) days.
Members of the Council requested that this proposed policy be revised to extend the ninety (90) days
to one -hundred and sixty day (180) and include language the would require that a master videotape
be retained by the Town for a specified time period. The issue of exploring DVD as an alternative
film medium was also raised. This Council report address these proposed revisions.
7—
PREPARED BY:
ARUYA, ADMINISTRATIVE ANALYST
N:IMGRUHaruyama\Staff Reports Video Council Report I . wpd
Reviewed by: p ssistant Town Manager Attorney Finance Revised: 3/31/03 12:50
pm
Reformatted: 7/14/99
PAGE 2
SUBJECT: ADOPT POLICY PROVIDING VIDEO ACCESS AND RETENTION FOR
VIDEOTAPES OF TOWN COUNCIL MEETINGS OTHER PUBLIC
MEETINGS
APRIL 7, 2003
DISCUSSION:
Below is a brief summary of the proposed policy, including an overview of state public record
requirements and alternative video recording options.
Video Access and Retention Policy Summary
The attached policy recommends that one (1) master copy of all televised Town meetings will be
retained by the Town Clerk's Office for a period of five (5) years. Given the limited shelf life of
videotapes coupled with today's rapidly changing technology and the expense associated with
reproducing aged or deteriorated videotapes, staff recommends that the Town retain a master copy
for a limited time period after which it shall be scheduled for destruction.
According to the California Public Records Act, if a local/state agency maintains a copy of any
record (including videotapes), it must provide copies at duplication cost to the general public upon
request. Given that the Town does not have the appropriate resources or staff to provide this service,
KCAT has agreed to provide videotape duplication services to the public for a nominal charge.
In addition, the policy also recommends that videotape copies of Town Council meetings and other
applicable public meetings be available at the Town Library for a maximum of one -hundred and
eighty (180) days for public check out. After one -hundred and eighty (180) days, the appropriate
videotapes would be pulled from the library shelves.
State Public -Record Requirements
According to Section 34090.7 of the California Public Records Act, videotapes and other film
medium shall be considered duplicate records if a city or county keeps another record, such as
written minutes or an audio recording of the same event. A duplicate record, such as videotape of
a public meeting must be kept for a minimum of ninety (90) days after the event. The Town's
proposed policy goes beyond the state's minimum requirements and requires that a master videotape
copy be kept for a period of five (5) years..
It is also important to note that providing public access to videotaped public meetings via the Library
is not a requirement of the California Public Records Act. Rather, it is a policy decision made by the
Town Council to ensure that the general public has adequate accessibility to recently televised
meetings.
Alternative Video Recording Options
At the February 18, 2003 Town Council meeting, the issue of exploring the feasibility of recording
public meetings on an alternative video medium such as a DVD was raised. It was also expressed
that this alternative may help minimize existing storage issues and costs. However, after researching
f
PAGE 3
SUBJECT: ADOPT POLICY PROVIDING VIDEO ACCESS AND RETENTION FOR
VIDEOTAPES OF TOWN COUNCIL MEETINGS OTHER PUBLIC
MEETINGS
APRIL 7. 2003
DVD recording equipment and storage costs for both video and DVDs, staff found that this option
would not generate a significant cost savings to the Town. It is estimated that the cost of adding
DVD equipment to the video production room could range between $7,750 - $8,750. This estimate
includes the DVD recording and copying equipment and labor associated with the technical
modifications required to reconfigure the existing video system. In addition to the expense of the
DVD equipment, another drawback, if additional copies were made available for public check out,
is that the DVD produced would not be 100% compatible with all consumer DVD players. While
the DVD would be playable on computers with DVD playback capability, there would be a 5%
chance that the DVD would not be playable on the average DVD player.
In an effort to reduce costs, staff and KCAT also explored alternate equipment configurations. A
part of this exploration included replacing a portion of existing videotape recorders with DVD
equipment, which would require less technical modifications. Unfortunately, KCAT found that this
option would impact its video tape recording abilities. Specifically, by reducing the number of
videotape recording decks, KCAT would not have adequate backup recording decks available to
accommodate lengthier meetings and/or would not be able to record multiple video copies.
At this time, staff recommends using the Town's existing video equipment given the high cost
associated with the installation of new DVD equipment. However, staff will continue to work with
KCAT concerning equipment upgrades. Currently, KCAT is exploring the possibility of recording
and rebroadcasting Town Council meetings using DV Cam equipment, which was recently donated
to KCAT. DV Cam equipment is a professional digital tape format that produces a higher quality,
compact recording, resulting a in longer tape life.
CONCLUSION:
Although the Town of Los Gatos maintains its official record by means of approved meeting
minutes, it is recommended that the Town Clerk's Office retain one (1) master videotape copy of
Town Council meetings and other applicable public meetings for a period of five (5) years. An
additional videotape copy will be made available for check-out at the Los Gatos Library for at least
one -hundred and eighty (180) days. Copies of previously televised public meetings may be
purchased through KCAT.
FISCAL IMPACT:
It is anticipated that the adoption of the video access and retention policy would generate a minimal
fiscal impact. This impact, if any would include additional Library administrative staff time related
to the video check-out and shelving process.
Attachments:
Attachment No 1: Council Policy - Access and Retention of Video -Recorded Public Meetings
COUNCIL POLICY
TOWN OF LOS GATOS
Subject: Page:
Access and Retention of Video Recorded
Media of Council Meetings
Approved:
PURPOSE
Section Number
Effective Date: Revised Date:
To establish the process by which the public and staff may obtain video recorded media and
maintain copies of Council, Board, Commission, and/or any other public meetings, and to set the
retention policy with regard to videotapes or electronically stored video copies retained by the
Town.
SCOPE
This policy applies to videotapes, DVDs, or any other means of electronic video recordings
made in the process of televising or videotaping Council, Board, Commission, and/or any other
public meeting.
POLICY
According to Section 34090.7 of the California Public Records Act, videotapes and other film
medium shall be considered duplicate records if a city or county keeps another record, such as
written minutes or an audio recording of the same event. A duplicate record, such as videotape
of a public meeting must be kept for a minimum of ninety (90) days after the event.
Although the Town's official record is considered to be the written minutes of any public
meeting, it is shall be the policy of the Town Council to require the Town Clerk's Office to
retain one (1) master videotape copy of televised public meetings for a maximum of five (5)
years after which it shall be scheduled for destruction.
In addition, it shall be the policy of the Town Council to make videotape copies of televised
public meetings available at the Town Library for public check out for a maximum of one -
hundred and eighty (180) days. After one -hundred and eighty (180) days, the videotapes will be
pulled from the library shelves.
Copies of previously broadcast public meetings shall be provided by the Town's cablecasting
service provider for a nominal charge upon request.
ATTACHMENT 1
PROCEDURES
The Town's cablecast service provider will furnish the Town with at least two (2) copies of each
videotaped meeting. The Town Clerk's Office shall retain one (1) master videotape copy of
televised public meetings for a maximum period of five (5) years after which it shall be
scheduled for destruction.
The Library shall make the video recordings available for a period of one -hundred and eighty
(180) days, after which time they shall be reused, recycled, or destroyed. The Library shall
maintain a log of receipt and disposition of the media, and present this log to the Town Clerk's
Office at the end of each fiscal year.
Public requests for video copies of televised public meetings may be obtained through the
Town's cablecast service provider. Charges for copies will be determined by the provider.
APPROVED AS TO FORM:
Town Attorney
Town Council Minutes April 7, 2003
Redevelopment Agency Los Gatos, California
PUBLIC HEARINGS CONTINUED
SANTA CRUZ AVE 15 V2/LOS GATOS BAR AND GRILL/HEARING/CONT. (16.15)
Council Member Pirzynski asked that the problems the three businesses in this location are causing
be addressed first before any enhancements to the businesses be allowed. That the owners work with
the police department and with each other to address and solve the existing impacts to this area, which
impact other businesses and clients that use this lot and the neighboring residential community.
Motion by Mr. Glickman, seconded by Mr. Wasserman, to approve that part of the application that
refers to the use of space and table service for the cafe and which is reflected in items three and four
under the "Discussion Section" of the report. Mr. Glickman also made the findings in relation to
Items three and four of the Discussion and which are reflected in the Required Findings shown as
Attachment 1 of the staff report. ( Also additional lighting, emptying of trash, establishing a hot line
for complaints, shielding the deck area with a sound barrier, hiring a security guard for the parking
lot, deck to close at 9 p.m., and each business to monitor its impact on the rear of the building and
parking lot, all to be considered as conditions of approval with input and direction from the planning
and police departments.) A three month period of review shall take place after the modifications and
mitigations are in place. Motion carried by a vote of 3 ayes. Mrs. Decker and Mr. Pirzynski voted
no.
Motion by Mr. Glickman, seconded by Mrs. Decker, to keep the hours of operation as they are at
present. Carried unanimously.
COUNCIL RECESS
Mayor Decker called a recess at 10:52 p.m.
MEETING RECONVENED
Mayor Decker reconvened the meeting at 11:00 p.m.
VIDEO ACCESS AND RETENTION POLICY/PUBLIC MEETINGS (07.28)
Ray Davis questioned the amount that KCAT may charge for public purchase of a video of Council
meetings. Jenny Haruyama responded that it would be available in the Library for check out.
Motion by Mr. Pirzynski, seconded by Mr. Glickman, that Council adopt a video access and
retention policy that requires the Town Clerk's Office to retain one (1) master copy of videotape
recordings for a period of five (5) years and authorizes the Library to retain videotape recordings of
Town Council meetings and other public meetings. Carried unanimously.
PROJECT 0336A/BUS DEPOT PARKING LOT/RESOLUTIONS 2003-33 & 2003 7RD (12.24)
Ray Davis asked that the bus depot lot be made into a skateboard park for the youth.
Kevin Yohani, Town Engineer, spoke of the configuration of the lot which would not accommodate
a skateboard park.
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