Ordinance 1233
ORDINANCB N0. 1233
AN ORDINANCE OF THE CITY OF CUPERTINO AMENDING CHAPTER
.2.74 OF THE CUPERTINO MUNICIPAL CODE RELATING TO THE
CABLE TELEVISION ADVISORY COMMITTEE
TH& CITY COUNCIL OF THB CITY OF CUPERTINO DOES ORDAIN AS FOLLOWS:
That Chapter 2.74 of the Cupertino Municipal be amended to read as
per attached Exhibit "A".
INTRODUCED at a regular meeting of the City Council of the City of
Cupertino this 1st day of AuAUSt 1983 and ENACTED at a regular
meeting of the City Council of the City of Cupertino this 15th day of
August 1983 by the following vote:
Vote Members of the City Council
AYES: Gatto, Johnson, Rogers, Sparks, Plungy
NOES: None
ABSENT: None
ABSTAIN: None
APPROVED•
r, Ci of Cupertin
ATTEST:
Cit C erk
Exhibit "A"
Ord. No. 1233
SECTION 2.74.010 ESTABLISHED
The Cable Television Committee of the City of Cupertino is hereby
established and shall consist of five 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
nominated by the District and confirmed by the City Council.
b. One representative from the Cupertino Union School District
nominated by the District and confirmed by the City Council.
c. One Library Commission member nominated by the Commission and
confirmed by the City Council.
SECTION 2.74.020 TERM OF OFFICE
The terms of office for the Cupertino Union School District
representative, the Library Commission member, and Citizen Position 1 shall
expire in September 1983 and every four years thereafter.
The terms of office for the Fremont Union High School District
representative and Citizen Position 2 shall expire in September 1985 and
every four years thereafter.
All appointments will be made or confirmed by the city council in September
of those year4 When terns expire.
Members appointed to the Committee shall serve without compensation.
SECTION 2.74,030 VACANCY, REMOVAL
Any member may be removed by a majority vote of the City Council.
Vacancies shall be filled by appointment or confirmation by the City
Council and shall De for the unexpired portion of the term of the office
vacated,
Page 2
SECTION 2.74,040 MEETING, QUORUM, OFFICERS, STAFF
The Cable Television 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 necesssary 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 a vice chairperson, both of
whom shall serve at the pleasure of the Committee. The terms of office
shall be for one year.
The City Manager shall appoint a staff member to attend Committee
meetings and to provide liaison and support as needed.
The Foothill De Anza Community College District shall appoint a staff
member to attend Committee meetings and to provide liaison and support as
needed.
SECTION 2.74.050 RECORDS
The Cable Television Committee 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,
determinations, and transactions of the committee, which records shall be
public record and a copy of which shalt be filed with the City Cierk.
SECTION 2.74.060 DUTIES, POWERS, AND RESPONSIBILITIES
The Cable Television 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:
I. Sub,~ect to appeal to the City Council:
a. Develop, and regulate where necessary, the community access
channels. This includes, but is not limited to, regulation of
scheduling and studio use.
b. Develop, regulate, and allocate the educational access
channels among bonafide educational institutions located in or
serving the City of Cupertino.
II. Advise the City Council on the following:
a. Utilization of money allocated by the City Council and any
City revenue related to the use of community and educational
access resources to develop and fund local programming.
b. Franchise compliance and all other matters related to the
operation of cable television in Cupertino.
Page 3
Any application or decision which has received final approval or
disapproval may be appealed to the City Council. An appeal of a final
decision can be filed by any individual including a member of the Committee
who voted on the contested action. Such appeal shall be filed in writing
with the City Clerk within five (5) working days subsequent to the
Committee's action. Upon receipt of an appeal, the City Clerk shall
schedule a hearing before the City Council within thirty (30) days after
receipt of said appeal. The City Clerk shall notice said hearing by
publishing at least once in a newspaper of general circulation within the
City of Cupertino at least ten (10) days before the first of said
hearings. The Council may by resolution affirm, reverse, or modify in
whole or in part any appealed decision, determination, or requirement of
the Conrii ttee.
SECTION 2.74.070 BUDGET
The Cable Television Committee 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.
SECTIOlI 2.74.080 EFFECT
Nothing in this ordinance shall be construed as restricting or
curtailing any of the powers of the City Council or City officers or the
delegation to the Cable Television Committee of any authority. or
discretionary powers empowered bylaw on such Council or officers.
The City Council delcares that the public interest, convenience,
welfare and necessity require the formation of a Cable Television Committee
for the purpose enumerated in this chapter.
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