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HomeMy WebLinkAbout50A - CABLE TV ADVISORY BOARD REQUEST FOR COUNCIL ACTION ~ ~ CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 22, 2005 TITLE: APPROVED o As Recommended o As Amended o Ordinance on 1s1 Reading o Ordinance on 2nd Reading o Implementing Resolution o Set Public Hearing For ORDINANCE AMENDING ARTICLE IV OF CHAPTER 2 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE CABLE TELEVISION ADVISORY BOARD ,JI ~q~GER CONTINUED TO FILE NUMBER RECOMMENDED ACTION Adopt an ordinance amending Article IV of Chapter 2 of the Santa Ana Municipal Code regarding the title of said article. DISCUSSION In 1983, the City Council created the Cable Television Advisory Board to consider matters referred to it by the City Council. In particular, the board considers matters related to the City's cable television franchise and the quality of services delivered by the City's cable operator. In an effort to provide a more efficient legislative process, this ordinance will eliminate the Cable Television Advisory Board and pass the functions of this body to the Parks and Recreation Board. The Parks, Recreation and Community Services Agency will facilitate the training and transition process to ensure that the responsibilities of the Cable Television Advisory Board are successfully assumed by the Parks and Recreation Board. FISCAL IMPACT There is no fiscal impacl,7associated with this action. ~~ Gerardo Mouet Executive Dire tor Parks, Recreat.on and Community Ser 'ces Agency 50A-1 (MJV 1/31/05) ORDINANCE NO. NS-2678 AN ORDINANCE OF THE CITY OF SANTA ANA REPEALING DIVISION 11, SECTIONS 2-660 THRU 2- 661 OF THE SANTA ANA MUNICIPAL CODE REGARDING THE CABLE TELEVISION ADVISORY BOARD THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. In 1983, the City Council of the City of Santa Ana created the cable television advisory board to consider matters referred to it by the City Council. In particular, to consider matters, technical or otherwise, related to the city's cable television franchise. B. In order to consolidate functions of various boards to provide a more efficient legislative process, it is the intent of the City of Santa Ana to eliminate the Cable Board and pass the functions of this body to the Parks and Recreation Board. Section 2. That Division 11 of Article IV of Chapter 2 of the Santa Ana Municipal Code is hereby repealed in its entirety (existing language shown in strikeout for tracking purposes only): DIVISION 11. CABLE TELEVISION ADVISORY BOARD Sec. 2 660. Establishment of cable television advisory board. There is hereby established the cable television advisory board of the City of Santa I\na, having such pOINers as set forth in this division. The cable television advisory board shall consist of seven (7) members, who shall bo subject to appointment and removal and shall serve terms in accordance '1.'ith section 901 of the Charter of the City of Santa Ana. (Ord. No. NS 1671, S 1, 2 22 83; Ord. No. NS 2025, S 1, 9 5 89) Sec. 2 660.1. Educational representatives to cable television advisory board. The governing bodies of the Santa Ana Unified School District and the 50A-2 Ordinance No, NS- Page 1 of 3 Rancho Santiago Community College District shall each nominate one (1) representative ("educational representati'Jes") to the cable television advisory board. Said representatives shall be entitled to attend all meetings of the board and to participate in the discussions of the board to the same extent as the members of the board, but they shall not make, second, or vote on motions, be counted for purposes of determining whether a quorum exists, or be entitled to compensation for attendance at meetings of the board. (Ord. No. NS 2188, ~ 2, 2 1 02) Sec. 2 661. Scope of authority. The cable television advisory board shall have the f-ollmving powers and duties: (1) It shall consider all matters that may be referred to it by the city councilor the city manager and shall render its recommendations, counsel and advice in regards thereto. (2) It shall conduct state of the art reviews as required by any cable television franchise agreement and report its findings to the city council and city manager. (3) It shall conduct an annual review of the quality of service provided by any cable television franchisee and report its findings to the city council and city manager. (1) It shall hear and resolve controversies beN/een complaining persons and any cable television franchisees 'A'hich cannot be resolved betv/een the complaining person and the franchisee. Section 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this day of ,2005. Miguel A. Pulido Mayor Ordinance No. NS- Page 2 of 3 50A-3 APPROVED AS TO FORM: Joseph W. Fletcher, City Attorney By: Michael Vigliotta Deputy City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS-2678 to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 50A-4 Ordinance No. NS- Page 3 of 3