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Ordinance No. 1714 ORDINANCE NO. 1714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AMENDING CHAPTER 2.74 OF THE CUPERTINO MUNICIPAL CODE RELATING TO THE CUPERTINO TELECOMMUNICATIONS COMMISSION THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN that Chapter 2.74 of the Cupertino Municipal Code shall be amended to read as contained in attached Exhibit A. This ordinance shall take effect and be in force thirty (30) days after its passage. INTRODUCED at a regular meeting of the City Council of the City of Cupertino this 2nd day of January, 1996, and ENACTED at a regular meeting of the City Council of the City of Cupertino this 5th day of FphrllAry 1996, by the following vote: YQIE MEMBERS OF THE CITY CO1JNCIL AYES: NOES: ABSENT: ABSTAIN Bautista, Chang, Dean, Sorensen, Burnett None None None ~~il City Clerk APPROVED: Jl)1 , -- - V ~ ! A~ ;:fÆf//¿Z - .' Mayor,'City ofCuperti~o ATTEST: Chapter 2.74 CUPERTINO TELECOMMUNICATIONS COMMISSION Sections: 2.74.010 2.74.020 2.74.030 2.74.040 Established. Term of office. Vacancy--RemovaI M eetin g--Q u 0 ru m --Officers-- Staff. Records. Duties, powers, and responsibilities. Budget. Effect. 2.74.050 2.74.060 2.74.070 2.74.080 2.74.010 Established. The Telecommunications Commission of the City (formerly Cable Television Advisory Committee) is established and shall consist of five members from among the qualified electors of the City, none of whom shall be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. Members of the Telecommunications Commission shall be appointed by the City Council. (Ord. 1465 (part), 1988: Ord. 1280 (part), 1984: Ord. 1233 (part), 1983) 2.74.020 Term of office. A. Commissioners serve at the pleasure of the City Council. The term of office of the members of the Telecommunications Commission shall be for four years and shall end on January 15th of the year their term is due to expire. No commissioner shall serve more than two consecutive terms except that a commissioner may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term ofless than two years. B. The appointment, re-appointment and rules governing incumbent members of the Commission are governed by Resolution No. 7571 of the Cupertino City Council. (Ord. 1465 (part), 1988: Ord. 1321 § I (part), 1985: Ord. 1280 (part), 1984: Ord. 1233 (part), 1983) 2.74.030 Vacancy--Removal. Any member may be removed by a majority vote of the City Council. If a vacancy occurs other than by expiration of a term vacancies shall be filled by appointment of the City Council and shall be for the unexpired portion of the term of office vacated. (Ord. 1280(Part), 1984: Ord. 1233 (part), 1983) 2.74.040 Meeting--Quorum-Officers-- Staff. . A. The Telecommunications Commission shall hold regular meetings at least once every three months and at the discretion of the Commission shall hold other meetings as may be necessary or expedient. A majority of the Commission shall constitute a quorum for the purpose of transacting the business of the Commission. B. The Commission shall elect a chairperson and a vice chairperson, both of whom shall serve at the pleasure of the Commission. The terms of office shall be for one year. C. The City Manager shall appoint a staff member to attend Commission meetings and to provide liaison and support as needed. D. The Foothill-De Anza Community Col- lege District shall appoint a staff member to attend Commission meetings and to provide liaison and support as needed. (Ord. 1233 (part), 1983) 2.74.050 Records. The Telecommunications Commission shall keep an accurate record of its proceedings and transactions, and through the Public Information Officer shall render such reports to the City Council as may be required. Commission proceedings shall be public record and a copy of which shall be filed with the City Clerk. (Ord. 1233 (part), 1983) 2.74.060 Duties, powers, and responsibilities The Cupertino Telecommunications Commission shall have the following duties, powers and responsibilities, and such others as the members shall be entrusted with by the City Council from time to time. The commission shall: 1. Advise the City Council on all matters relating to telecommunications within the city of Cupertino; 2. Evaluate compliance with any franchise or other agreement between the city and a telecommunications provider and make recommendations to the City Council; 3. Conduct periodic reviews of telecommuni- cation providers, facilities and products and make recommendations on such subjects to the City Council; 4. Recommend amendments to the city's Telecommunications Policy to the City Council as needed; 5. Serve as a liaison between the city, the public and the telecommunications providers in enhancing information and education. Such activities include providing an opportunity for input to residents and telecommunications providers and distributing non-commercial, educational materials about telecommUnication services; 6. At the request of the City Manager, pro- vide assistance in examining methods to obtain equivalent franchise fees or other economic benefits from service providers; 7. Provide support for community access television, especially public and educational access, and give guidance when needed for development and implementation of access channels and programming. 8. Recommend ways to foster the City's best use of telecommunications infrastructure for the benefit of the community. 2.74.070 Budget. The Telecommunications Commission shall submit an annual budget to the City Council for its review and approval. AIl expenditures require the approval of the City Manager or his designee. Any grants for program production or other purposes require the approval of the City Council. (Ord. 1233 (part), 1983) 2.74.080 Effect. A. Nothing in this chapter shall be construed as restricting or curtailing any of the powers of the City Council or City officers or the delegation to the Telecommunications Commission of any authority or discretionary powers empowered by law on such Councilor officers. B. The City Council declares that the public interest, convenience, welfare and necessity require the formation of a Telecommunications Commission for the purposes enumerated in this chapter. (Ord. 1233 part), (1983)