Ordinance No. 1965
ORDINANCE NO. 1965
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CUPERTINO AMENDING
CHAPTER 2.74 OF THE CUPERTINO MUNICIPAL
CODE REGARDING RENAMING THE
TELECOMMUNICATIONS COMMISSION
THE CITY COUNCIL OF THE CITY OF CUPERTINO HEREBY AMENDS
THE FOLLOWING SECTIONS OF THE CUPERTINO MUNICIPAL CODE:
CHAPTER 2.74: CUPERTINO TECHNOLOGY, INFORMATION. AND
COMMUNICATIONs COMMISSION*
Section
2.74.010
2.74.020
2.74.030
2.74.040
2.74.050
2.74.060
2.74.070
2.74.080
Established.
Term of office.
Vacancy-Removal.
Meeting-Quorum-Officers-Staff.
Records.
Duties, powers and responsibilities.
Budget.
Effect.
Prior ordinance history: Ords. 1099, 1166, 1167, 1233, 1280, 1321, 1465 and 1697.
2.74.010 Established.
The TECHNOLOGY. INFORMATION. AND COMMUNICATIONs Commission
(formerly Telecommunications Commission of the City) 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 Technologv. Information. and
Communications Commission shall be appointed by the City Council. (Ord. 1722, (part),
1996; Ord. 1714, (part), 1996)
*
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 Technology. Information. and Communications 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
Ordinance No. 1965
2
Commission to fill an unexpired term of less than two years.
B. The appointment, reappointment and rules governing incumbent members of the
Commission are governed by Resolution No. 7571 of the Cupertino City Council. (Ord.
1722, (part), 1996; Ord. 1714, (part), 1996)
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.
1714, (part), 1996)
2.74.040 Meeting-Quorum-Officers-Staff.
A. The Technologv. Information. and Communications 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.
2.74.050 Records.
The Technologv. Information. and Communications 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. 1722, (part), 1996; Ord. 1714, (part), 1996)
2.74.060 Duties, Powers and Responsibilities.
The Cupertino Technology. Information. and Communications Commission shall have
the following duties, powers and responsibilities, and such others as the members shall be
entrusted with by the City Council and City Manager from time to time. The commission
shall:
1. Advise the City Council and City Manager on all matters relating to technology,
information, and communications within the city of Cupertino;
2. Evaluate compliance with any franchise or other agreement between the City and
technology, information, and communications providers and make recommendations to
the City Council;
3. Conduct periodic reviews of technology, information, and communications
providers facilities and products and make recommendations on such subjects to the City
Council;
4. Recommend amendments to the City's telecommunications policy of the City
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Council;
5. Serve as a liaison between the City, the public and the technology, information,
and communications providers in enhancing information and education. Such activities
include providing an opportunity for input to residents and disseminating noncommercial,
educational materials about technology, information, and communications services;
6. At the request of the City Manager, provide assistance in examining methods to
obtain equivalent fÌanchise 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 technology, information, and
communications infrastructure and services for the maximum benefit of the
community; (Ord. 1722, (part), 1996; Ord. 1714, (part), 1996)
9. Provide education to the community on the use of technology, information, and
communications infrastructure and services.
2.74.070 Budget.
The Technologv. Information. and Communications Commission shall submit an
annual budget to the City Council for its review and approval. All 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. 1722, (part), 1996; Ord. 1714,
(part), 1996)
2.74.080 Effect.
Nothing in this chapter shall be construed as restricting or curtailing any of the powers
of the City Councilor City officers or the delegation to the Technology. Information. and
Communications Commission of any authority or discretionary powers empowered by law
on such Council or officers. (Ord. 1722, (part), 1996; Ord. 1714, (part), 1996)
Ordinance No. 1965
4
INTRODUCED at a regular meeting of the City Council of the City of Cupertino
this 19th day of July 2005, and ENACTED at a regular meeting of the City Council of the
City of Cupertino this 16th day of August 2005 by the following vote:
Vote
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Members of the Citv Council
Kwok, Lowenthal, Sandoval, Wang, James
None
None
None
. ~
Ci~
Mayor, City of Cupertino