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Ordinance 1090• ORDINANCE N0. 1090 AN ORDINANCE OF 'fHE CITY OF CUPERTINO AllDINC SECTION 2.74 TO THE CUPERTINO MUNICIPAL r,OUE ESTABLISHING A CABLE TELEVISION ADVISORY COMMITTEE THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 2.74.010 ESTABLISHED The Cable Television Advisory Committee of the City of Cupertino is hereby established and shall consist of seven members, two of whom shall be appointed by the City Council from among the qualified electors of the City. The remaining members of the Cable Television Advisory Committee shall be selected as follows: a. One representative from the Fremont Union High School District selected by the District. b. One representative from the Cupertino Union School District selected by the District. c. One Library Commission member selected by the City Council. d. One representative from the Foothill-De Anza Community College District selected by the District. e. City staff member selected by the City Manager. SECTION 2.74.020 TERM OF OFFICE The term of office of the members of the Cable Television Advisory Committee first appointed shall commence on the effective date of this ordinance. The term of office shall be for four years with one of the citizens appointed by the Council being appointed for two years to start, and the Library Commission member serving two years to start, and the Cupertino Union School District representative serving two years to start. Members appointed to the Cable Television Advisory Committee shall serve without compensation. All appointments shall be made at the first meeting in April of every odd numbered year. SECTION 2.74.030 VACANCY, REMOVAL Any appointee member may be removed by a majority vote of the City Council. Vacancies shall be filled by appointment 6y the City Council and shall be for the unexpired portion of the term of the office vacated.. ord. No. 1090 • SECTION 2.74.040 MEETING, QUORUM, OFFICERS, STAFF Tlie Cablc Television Advisory Committee shall hold regular meetings at least once every three months and at the discretion of the Committee shall hold other meetings as may be necessary or expedient. A majority of the Committee shall constitute a quorum for the purpose of transacting the business of the Committee. The Committee shall elect a chairperson and n vice chairperson, both of whom shall serve at the pleasure of the Committee. The terms of office shall be for one year. Staff service as required shall be provided to the Committee by the City Manager from funds made available to the Committee. SECTION 2.74.050 RECORDS The Cable Television Advisory Commmittee shall designate one of its members to act as secretary of the Committee. The secretary of the Committee shall be responsible for the keeping of records of all proceedings, findings, determina- tions, and transactions of the Committee, which records shall be public record and a copy of which shall be filed with the City Clerk. SECTION 2.74.060 DUTIES POWERS AND RESPONSIBILITIES The Cable Television Advisory Committee shall have the following duties, powers, and responsibilities, and such others as they may be entrusted with by the City Council from time to time. The Committee shall: a. Be advisory to the City Council, and the City Council shall make all final decisions in regard to as well as serve in appeal capaclty on local program issues. b. Develop and regulate where necessary local programming priorities. c. Utilize monies allocated in franchise agreements between the City of Cupertino and cable television companies to develop and fund local programming. The Committee shall review any new services or changes in service proposed under any existing franchise with the City. d. Review rates and rate increases under any existing or proposed franchise with the City. e. Coordinate all local programming and studio use.. SECTION 2.74.070 BUDGET The Cable Television Advisory Committee shall submit an annual budget to the City Council for its review and approval, but in no case shall the budget request and expenditures exceed revenues derived from franchise for this purpose. Y Ord. No. 1090 . • . SECTION 2.74.080 EFFECT Nothing in thin ordinance shall be construed ae restricting or curtailing any of the powers of the City Council or City officers or the delegation to the Cable Television Advisory Committee of any authority or discretionary powers empowered by law on such Council or officers. The City Council declares that the public interest, convenience. welfare, and necessity require the formation of a Cable Television Advisory Committee to act in a purely advisory capacity to such Council for the purpose enumerated in this chapter. INTRODUCED at a regular meeting of the City Council of the City of Cupertino Chia 19th day of January , 1981 and .ENACTED at a regular meeting of the City Council of the City of Cupertino this 2nd day of February 1981 by the following vote: Vote Nembers of the City Council AYES: Gatto, Johnson, Plungy, Sparks, Rogers NOES: None ABSENT: None ABSTAIN: None ATTEST: APPROVED: ~~ City C1 Mayor, Ci y of up no