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ORDINANCE NO.
MC-154
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 2.42
TO THE SAN BERNARDINO MUNICIPAL CpDE, TO CREATE A COMMUNITY
TELEVISION CO~~ISSION.
,
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 2.42 is added to'the San Bernardino
Municipal Code to read as follows:
"COMMUNITY TELEVISION COMMISSION
2.42.010 Creation.
There is created and established a Community Television
commission, consisting of nine members who are users of cable
television within the City. The Mayor and Common Council declare
that the individuals appointed to the Commission are intended to
represent and further the interests of consumers of cable
television services and to serve the public interests.
2.42.020 Nomination - Terms.
Each Council member shall nominate one Commission member who
shall serve during and for the term of the nominating Council
member. The Mayor shall nominate two members who shall serve
during and for the term of the Mayor. The terms of Commission
members shall coincide. with the term of the nominating Council
member or Mayor, provided that when a vacancy shall occur in the
office of a Council member or the Mayor, the applicable term of
the member of the Cornmission shall continue until a successor has
been appointed by the Mayor upon nomination by the Council
member or Mayor elected to fill such vacancy.
2.42.030 Appointment - Residency requirement.
Each member of the Commission, after having been nominated,
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shall be appointed by the Mayor, subject to the approval of the
Common Council. Each member shall be and remain a local elector,
and each Commission member nominated by a Council member shall be
a resident of the ward of such Council member during the term of
appointment. Members shall serve, without compensation, at the
pleasure of the Mayor and Common Council. Subsequent vacancies
,
shall be filled and appointments shall be made in the manner
hereinbefore set forth.
2.42.040 Chairman - Meetings - Absences.
A. The Commission shall elect a Chairman from among its
members, and the Chairman shall serve for a term of one year. The
Commission shall meet not less than once a month in the Council
Chambers, City Hall, San Bernardino, California, or such other
place as the Commission may select.
B. . If a member of the Commission fails to attend three
consecutive regular meetings without notice to the Chairman prior
to each of said consecutive meetings, he shall automatically cease
to be a member of the commission, and his vacant office shall be
filled by an appointment made for the unexpired term in the manner
of the original appointment.
C. Each meeting of the Commission sh~ll be open to the
22 ublic and shall be governed by the provisions of the Ralph M.
23 Brown Act, Sections 54950.5, et seq., California Government Code.
24 2.42.050 Responsibilities.
25 The Commission shall:
26 A. Prescribe such rules and regulations as it deems
27 ecessary or expedient for the administration of its duties,
28 including a procedure for complaint resolution, subject to
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approval by the Mayor and Common Council.
B. Review all City franchises, ordinances, resolutions, and
procedures relating to cable television service, and make
recommendations to the Mayor and Common Council regarding
amendment or revision of ordinances or procedures or the adoption
of any new rules or regulations relating to services provided by
cable television companies.
C. Review and make recommendations to the Mayor and Common
council on requested rate increases. Establish criteria for
determining whether or not rate changes should be recommended.
Reco~nend changes designed to afford all users within the City
comparable service at comparable cost.
D. Investigate, hear and resolve complaints regarding
community cable television services and non-compliance with
applicable ordinances and law.
E. Study developments in cable television technology to
determine whether and when to recommend that service to the San
Bernardino cor.wunity should be expanded or improved.
F. Establish criteria for the solicitation and granting of
additional franchises for providing service within the City.
G. Recommend action to be taken by the Mayor and Common
Council in regard to state or federal administrative and
legislative action, including but not limited to applications,
licensing, studies, and legislative enactments.
H. Upon request, maintain the confidentiality of business
documents and information which are not public records, and the
same shall not become public records by reason of disclosure to
the Commission."
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I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor a~d Common Council of the City of San
Bernardino at a
meeting thereof, held
reqular
on the
19th day of
, 1982, by the following
1'.pril
vote, to wit:
AYES:
Council Members Castaneda, Reilly, Hernandez,
NAYS:
Sptts" pUiel, Strickler
None
i 'i
ABSENT: Council Member Hobbs
. ,
.'
,
\ ,
,
~A"~.q~
~ C~ty C erk
,
of
~h; ~O~Oing ordinance
~ ' 1982.
, ,
herebr'approved
an Bernardino
Approved as to form:
~M&t:/
~ ~~~~''''
C~ty torney
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ORDINANCE NO.
!IC-354
ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION
2.42.010 OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE THAT AT
LEAST ONE MEMBER OF THE COMMUNITY' TELEVISION COMMISSION SHALL BE
A REPRESENTATIVE OF A CABLE TELEVISION OPERATOR PROVIDING CABLE
TELEVISION SERVICE WITHIN THE CITY AND FINDING THAT
REPRESENTATION OF THE INDUSTRY IS CONSISTENT WITH THE PUBLIC
INTEREST.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1. Section 2.42.010 of the San Bernardino Municipal
Code is amended to read:
"2.42.010 Members - Appointment.
The Community Television Commission shall consist of nine
members who shall serve at the pleasure of the Mayor and Common
Council, and who shall be and' shall remain users of cable
television service within the City. In addition, at least one
member of the Commission shall be affiliated with a cable
television operator holding a valid franchise to provide cable
television services within the City. The Mayor and Common
Council declare that the individuals appointed to the Commission
are intended to represent and further the interests of the
consumers and the providers of cable television services, and
that such representation and furtherance will ultimately serve
the public interest. Accordingly, the Mayor and Common Council
find that for the purposes of members of the Commission, the
cable television industry and consumers are tantamount to and
constitute the public generally within the meaning of Section
87103 of the Government Code. Members of the Commission shall be
appointed and serve pursuant to the provisions of Chapter 2.17."
I HEREBY CERTIFY that the foregoing ordinance was duly
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adopted by the Mayor and Common Council of the City of San
Bernardino at a
TP9,1' ;IT
on the
lit-h
day of
vote, to wit:
AYES:
Council Members
'.1';::JjT('!h
meeting thereof, held
, 1984, by the following
~;Hd:.:=tnp~;)r Rpi]]y. Oni~].
FT~7.;pr ~Tr;~klpr
NAYS:
ABSENT:
(""nnnr-il 'P1pmhPTJ:: H~rn.i=lnrlp:zi Marks
1\1nnp
/~~~
The foregoing ordinance is hereby approved this j1~ day
of
Hay,",h
, 1984.
Approved as to form:
~"ft;~ ~P.~t-
City tt rney
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