Chapter 2.155 — PASADENA COMMUNITY ACCESS CORPORATION BOARD

This chapter shall be known as the "Pasadena Community Access Corporation Board Ordinance."

(Ord. 6229 § 3 (part), 1987)

The Pasadena community access corporation, a California nonprofit public benefit corporation, was established with the filing of articles of incorporation on December 9, 1983, hereinafter called the "corporation." The corporation's governing body, a board of the city, shall be known as the "Pasadena community access corporation board" and hereinafter called "board."

(Ord. 6229 § 3 (part), 1987)

A.

The board shall consist of 11 members, who shall be appointed as follows:

Each of the 7 councilmembers and the mayor shall nominate 1 member for a total of 8 members.

The city manager, or his or her authorized representative, at the election of the city manager by written notice to the city clerk, is appointed as a member.

The Pasadena Unified School District (hereinafter PUSD) shall nominate 1 member.

The Pasadena Area Community College (hereinafter PCC) shall nominate 1 member.

All nominations, except the city manager, or his or her authorized representative, are subject to ratification by the city council.

B.

Members shall be appointed for a term of 3 years, and city members shall serve no more than 2 consecutive terms. A term of less than 1 year shall not be considered a full term. Terms expire on June 30th of the applicable years. A member shall

continue in office for the term for which he/she was appointed or until his/her successor is appointed. No member who has served 2 consecutive terms shall be eligible for reappointment to the board prior to the passage of a 2-year interval.

C.

If a city member ceases to reside in the city prior to the expiration of a term, the member may complete the term only upon approval by the city council pursuant to Section 2.45.020.

D.

Any member of the board may be removed by the city council for cause as specified in the Corporations Code or articles or bylaws of the corporation. Any city member of the board may be removed by the city council if he/she ceases to reside in the city or has 3 consecutive unexcused absences.

(Ord. 6820 §§ 33, 45 (part), 2000; Ord. 6799 § 1, 1999; Ord. 6767 § 1, 1998; Ord. 6302 §§ 1, 2, 1989; Ord. 6229 § 3 (part), 1987)

A.

All members shall be residents of the city except the members nominated by the PUSD and PCC; provided, however, that a person nominated by a councilmember need not reside in the councilmember's district.

B.

Members should have an interest in local programming via audio and video techniques, experience in business management and operation of a telecommunications service, willingness to serve and commit the time needed, and dedication to serving the best interests and needs of the entire community and its many public and private institutions.

C.

No member shall have an ownership interest in any cable company owning or operating a telecommunications system within the Pasadena city limits.

(Ord. 6229 § 3 (part), 1987)

(Ord. No. 7378, § 41, 8-2-2021)

A.

In the event a member has 3 consecutive unexcused absences from meetings of the board, the city council may declare the office of such member vacant. The staff to the board shall advise the secretary to the mayor of any member with 3 consecutive unexcused absences. The president of the board may excuse absences.

B.

Vacancies, whether scheduled or unscheduled, shall be filled by the person who nominated the member to the vacant office, or by his/her successor, in the same manner as set forth in Section 2.155.030.

(Ord. 6820 § 45 (part), 2000; Ord. 6229 § 3 (part), 1987)

At the first meeting of the board, and thereafter at its first meeting of each subsequent year, the members shall elect a president, a vice president, a secretary and treasurer. No 2 offices may be held by the same person. In the absence or

disability of the president and vice president, the board may designate a temporary presiding officer. The corporation's bylaws, Article IV, delineate the responsibility of corporate officers. The board shall also have 1 nonvoting, ex officio member who shall be a representative designated by the cable company which is awarded the city franchise. The board shall appoint an executive director who shall be the chief operations manager of the corporation. The terms of employment and compensation of the executive director shall be set by the board.

(Ord. 6767 § 2, 1998: Ord. 6229 § 3 (part), 1987)

A.

The board shall meet at least once a month. All its meetings shall be held in accordance with the Ralph M. Brown Act and shall be open to the public except as provided by law. Special meetings may be called by the president or a majority of the board.

B.

Six members of the board shall constitute a quorum. No action of the board shall be valid without a majority vote of the quorum unless a different rule is provided herein.

C.

The board shall keep a record, which shall be available for public inspection, of all of its resolutions, proceedings and other actions.

(Ord. 6820 § 34, 2000; Ord. 6229 § 3 (part), 1987)

Corporate bylaws shall control all conduct of the board's business consistent with the articles of incorporation and this chapter.

(Ord. 6229 § 3 (part), 1987)

The board shall submit an annual report and work plan to the city council no later than October 31st of each year. Attendance records of members shall be included as part of the annual report. The report shall include a report of the financial status of the corporation based on its audit, a copy of its audit, a summary of corporate activities of the preceding year, a summary of the goals of the corporation, and such other information that the corporation or the city determines.

(Ord. 6820 § 45 (part), 2000; Ord. 6229 § 3 (part), 1987)

Members of the board and the executive director shall be required to file annual statements of economic interest pursuant to the city's Conflict of Interest Code.

(Ord. 6229 § 3 (part), 1987)

A.

The purpose of the board is to perform the community access function of the Pasadena telecommunications system established pursuant to the cable communications ordinance of the city. The corporation is organized exclusively for charitable, scientific, literary and educational purposes.

B.

The function of the corporation is to:

Promote, coordinate, facilitate, produce and assist public service community programming on behalf of all residents of the city, for all public and community access channels of Pasadena's cable telecommunications system;

Inform Pasadena residents of the potential services and benefits of the cable telecommunications system;

Provide a mechanism through which Pasadena institutions and organizations can effectively share educational, health care, governmental and cultural information with the community;

Provide training and technical assistance that will make public access programming and expression more accessible to residents of Pasadena;

Serve as a resource center for information, materials and equipment relating the use of video equipment and facilities;

Coordinate and promote educational uses of the cable telecommunications system;

Serve as receiving, holding and disbursing entity for moneys intended to promote noncommercial uses of the cable telecommunications system;

In conjunction with the cable telecommunications system operating company, devise, establish and administer rules, regulations and procedures pertaining to use and scheduling of the cable telecommunications system access channels;

Coordinate and schedule transmission of programming on the cable telecommunications system access channels;

Maintain records, including videotapes and other documentation, concerning cable telecommunications programming, and make such videotapes and programming material available to interested persons or groups for scientific, charitable, literary or educational purposes;

Engage in research to assess community response to programming on cable telecommunications system access channels and ascertain needs for additional or different programming, publish the results of such research, and implement or aid in implementation of such additional or different programming;

Provide such other cable telecommunications access services as shall be determined by the board.

Adopt and/or certify environmental reviews performed in compliance with the California Environmental Quality Act.

C.

This corporation shall have the power to do all acts reasonably necessary, appropriate or incidental to the purposes set forth above that are required or permitted by law for a nonprofit public benefit corporation.

D.

The property, of fairs and buildings of the corporation shall be managed and conducted by the board, subject to the limitations in its articles of incorporation and bylaws.

E.

All equipment acquired by the corporation shall remain the property of the corporation. Equipment located at PUSD and PCC will remain at the locations agreed upon with PUSD and PCC only so long as PUSD and PCC perform satisfactorily the obligations of their contract with the corporation. PCC and PUSD shall be responsible for the proper care and use of all such equipment while housed in their facilities. Such equipment shall be used by PUSD and PCC only for educational programming.

The corporation shall establish the schedule for the use of all access production facilities, including facilities located at PUSD and PCC.

The corporation and PUSD shall agree upon a schedule for use of the studio facilities for educational/instructional purposes by PUSD. Such use shall be at no cost to PUSD.

The corporation and PCC shall agree upon a schedule for use of the mobile production facilities by PCC for educational/instructional purposes by PCC. Such use shall be at no cost to PCC.

F.

The corporation shall develop rules ensuring that channel time for public access purposes is available to residents and groups on an equitable and nondiscriminatory basis. These rules shall preserve the principle that a reasonable amount of channel and facility time is available to Pasadena residents, at no cost, for public access communications purposes.

G.

The board shall cause to be established and maintained a system of recording all production and telecasting of cultural, educational, health or other programs which are made available to persons other than residents of the city but which use the resources of the corporation or the city. The board shall include a report of these programs to the city in its annual report as required in Article VII of the bylaws.

(Ord. 6229 § 3 (part), 1987)

(Ord. No. 7250, § 4, 11-17-2014)

A.

The board shall appoint a citizens advisory committee consisting of 15 members. The citizens advisory committee will advise the board on methods where the corporation, through its board, executive director and staff, can maintain continuing close liaison with the Pasadena community and remain responsive to the needs of the community. The citizens advisory committee shall be composed of Pasadena residents only and shall reflect as far as possible the diverse character of the population of the city. Consideration should be given but not limited to residents representing the following groups:

— Neighborhood organizations

— Minorities

— Elderly people

— Young people

— Women

— Low income communities

— Cultural institutions

— Public service institutions and agencies

— The Pasadena public library

— The business community

— The health care community

— The scientific and industrial community

— Organized labor

— The handicapped community

— Local churches and synagogues

— Private educational institutions

B.

Members shall be appointed for a term of three years. A term of less than one year shall not be considered a full term. Terms expire on June 30 of the applicable years. A member shall continue in office for the term for which he/she was appointed or until his/her successor is appointed. No member who has served two consecutive terms shall be eligible for reappointment to the committee prior to the passage of a two-year interval. Subject to the limitations in this section, the citizens advisory committee shall determine all matters concerning the conduct of its activities, including the times and places for its meetings.

(Ord. 6229 § 3 (part), 1987)

(Ord. No. 7358, § 1, 3-30-2020)

The board may at any time and from time to time, by resolution, provide for the reimbursement of expenses incurred by any director or officer in pursuit of his or her duties as director or officer of the corporation, but only if and to the extent that the incurrence of such expenses is directly in furtherance of the charitable, scientific, literary or educational purposes of the corporation and the amount of expenses paid or reimbursed, as the case may be, are reasonable and not excessive.

(Ord. 6229 § 3 (part), 1987)