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HomeMy WebLinkAbout210 - Ordinances ORDINANCE NO. 210 AN ORDINANCE OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, IMPOSING A MORATORIUM ON THE FILING AND PROCESSING OF APPLICATIONS FOR LICENSES TO CONSTRUCT, OPERATE OR MAINTAIN COMMUNITY ANTENNA TELEVISION SYSTEMS IN THE CITY FOR A PERIOD OF NINETY (90) DAYS, AND DECLARING THE URGENCY THEREOF The City Council of the City of Rancho Cucamonga, California, does ordain as follows: SECTION 1: Subsequent to incorporation of the City and on March 29, 1978 the City Council adopted Ordinance No. 17 which adopted by reference, pursuant to Government Code Section 50022.9, portions of that certain code known as the "Codified Ordinance of the County of San Bernardino" also known as the "San Bernardino County Code." Included among the portions of the San Bernardino County Code so adopted were Sections 42.050 through 42.0516, inclusive, pertaining to "community antenna television" also known as "cable television systems." SECTION 2: The City Council finds that the legislature of the State of California by adopting Government Code Section 53066 has clearly articu- lated and affirmatively expressed a policy authorizing cities and counties to franchise or license community antenna television systems and to prescribe such rules and regulations as the City Council deems advisable to protect the individual subscribers to the services of such community antenna television systems. Among other things the State has provided that the award of such franchise or license may be made on the basis of quality of service, rates to the subscriber, income to the City, experience and financial responsibility of the applicant plus any other consideration that will safeguard the local public interest. SECTION 3: The City Council further finds that the existing Ordinance provisions regulating community antenna television systems, as described in Section 1 above, are outdated and inadequate for several reasons, including but not limited to, the fact that no provisions are made for public access programming, level of service, type of service, or other "state of the art" features which can be provided by a community antenna television system. SECTION 4: The City Council further finds that it is in the best interest of the public health, safety and welfare to impose a short moratorium on the filing and processing of applications for new community antenna tele- vision systems until comprehensive regulations consistent with and in further- ance of State policy as set forth in Government Code Section 53066 can be proposed, studied and adopted. SECTION 5: For a period of ninety (90) days after the effective date of this Ordinance no application for a license to construct, operate or maintain a community antenna television system shall be accepted for filing. SECTION 6: Further processing of any application now on file for a license to construct, operate or maintain a community antenna television system shall be suspended for a period of ninety (90) days after the effective date of this Ordinance. SECTION 7: This Ordinance is hereby declared to be an urgency measure, and it shall take effect immediately upon its adoption. Ordinance No. 210 Page 2 SECTION 8: The Mayor shall sign this Ordinance and the City Clerk shall cause the same to be published within fifteen (15) days after its passage at least once in The Daily Report, a newspaper of general circulation published in the City of Ontario, California, and circulated in the City of Rancho Cueamonga, California. PASSED, APPROVED, and ADOPTED this ?th day of September, 1983. AYES: Dahl, Buquet, Schlosser, Mikels NOES: Frost ABSENT: None n D. Mikels, Mayor ATTEST: