Ordinance No. 965ORDINANCE NO. 965
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
AMENDING CHAPTER 2, ARTICLE IV, "CABLE TELEVISION AND TECHNOLOGY
COMMISSION," OF THE MUNICIPAL CODE OF THE CITY OF CYPRESS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS
FOLLOWS:
Chapter 2, Administration, Article IV, Cable TV Commission shall be amended in its
entirety as follows:
"ARTICLE IV. CABLE TELEVISION AND TECHNOLOGY COMMISSION
Sec. 2 -20. Creation.
In order to promote local programming on the city cable television system, there hereby is
created a cable television and technology commission.
Sec. 2 -20.1. Composition.
The cable television and technology commission shall consist of five (5) members. No
officers or employees of the city or persons under an employment contract subject to the
jurisdiction of the city council shall be members of such commission.
Sec. 2-21. Oath of office.
All members of the cable television and technology commission shall be required to take
an oath of office as approved by the city council prior to commencing their term of office.
Sec. 2 -22. Appointment of members.
(a) The mayor shall appoint the members of the cable television and technology
commission, with a majority of confirmation by the city council.
(b) The city manager or his designee shall be a permanent ex officio member of the
commission and will serve as secretary to the commission. A representative of the cable franchisee
shall be an ex officio member of the cable television and technology commission. The
superintendent of each educational institution permitted to use a public, educational or
governmental access channel may appoint an ex officio member to the commission. The city
council may appoint additional institutional users of the access channels as ex officio members of
the commission by resolution. No ex officio member of the cable television and technology
commission shall be entitled to vote.
Sec. 2 -22.1. Term of office.
The term of office for the members of the cable television and technology commission
shall be four (4) years for all members, except that two (2) commissioners shall be first appointed
for two (2) years and three (3) commissioners shall be first appointed for four (4) years. All
succeeding terms shall be for a period of four (4) years. Members shall serve until their successors
are qualified and take office. No member shall serve more than two (2) successive full and/or
partial terms on the cable television and technology commission; provided that the two -year period
served by two (2) members of the cable television and technology commission commencing with
the approval of this article shall not be counted as a full or partial term for the purposes of such
two -term limitation.
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Sec. 2 -22.2. Removal.
If a member of the cable television and technology commission shall be absent from three
(3) consecutive regular meetings of the commission without cause, the office of such member shall
be vacant and the term of such member ipso facto terminated, and the city clerk shall immediately
inform the city council of such termination. An absence due to illness or unavoidable absence from
the city and written notice with explanation thereof to the city clerk on or before the day of the
regular meeting by the commission shall be absence for cause.
Sec. 2 -23. Meetings.
The cable television and technology commission shall meet regularly at least once a month
in the city chambers in the City of Cypress, except as authorized by the city council or as
otherwise provided by law. Special meetings may be called by the chairman or the majority of the
members of the commission. All meetings shall be open to the public except as otherwise
authorized by the laws of the State of California. Regular minutes of such meetings shall be
maintained by the commission and available for public inspection at all times.
Sec. 2 -24. Organization.
The cable television and technology commission shall elect one (1) of its members as
chairman and one (1) of its members as vice - chairman, who shall hold office for one (1) year and
until a successor is elected. The commission shall establish such rules and regulations as it deems
necessary for governing itself and for the performance of its duties. Such rules and regulations
shall not be inconsistent with the laws of the state of the ordinances of the city.
Sec. 2 -24.1. Compensation.
Members of the cable television and technology commission shall receive such
compensation as provided by resolution of the city council.
Sec. 2 -25. Duties.
The cable television and technology commission shall review and make recommendations
to the city council on all matters pertaining to cable television as requested and directed by the city
council. The commission's review and recommendation shall include, but not be limited to, the
following areas:
(a) All matters dealing with the franchisee's services provided to the public;
(b) The operation of the public, educational, and government ( "PEG ") access channels;
(c) Local programming by community groups, agencies, and individuals on the PEG
channels;
(d) Promotion and fostering cooperation in use of the cable system for local
programming;
(e) Monitoring and advising on the cable access grant program.
In addition to the above duties, effective mid -June of 1997, the Commission duties shall
increase to include:
I. Cable TV Duties:
1. Develop, recommend for adoption to the City Council, and enforce comprehensive cable
television consumer protection guidelines in such areas as telephone response time, outage
responses, subscriber complaint responses, billing disputes, telephone system performance, and
overall quality of service.
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2. Develop recommendations to the City Council regarding target objectives to be obtained in the
upcoming cable television renewal proceeding.
3. Monitor and review progress of upcoming cable television renewal proceeding.
4. Develop recommendations to the City Council regarding contents of a renewal franchise
agreement.
5. Review semi - annual FCC Proof of Performance filings and compare reported performance to
customer service measurements to determine if inconsistencies exist between alleged performance
and subscriber perception of service.
6. Establish parameters and guidelines for the various audits and investigations which will be
conducted in conjunction with the upcoming cable television renewal proceeding, including
technical audit, franchise fee audit, late fee audit, PEG audit, and general performance and
compliance audit.
II. Other Technology Duties:
1. Inventory public property suitable for use by telecommunication providers.
2. Develop uniform guidelines for franchising and/or leasing of public property for non -cable
television telecommunication providers.
3. Consider and develop recommendations regarding potential private - public partnerships or other
forms of cooperation between the City and private enterprise in relation to the design,
construction, and financing of fiber optic networks serving all or a portion of the City.
4. Assist the City Council in establishing global land use criteria to be applied to
telecommunication facilities, including those utilized for cellular, personal communication
services (PCS), and data linkage services.
5. Assist the City Council in developing recommendations for regional regulation of
telecommunication services which transcend jurisdictional boundaries.
6. Acting in an advisory capacity, assist the City Council in developing recommendations
regarding adoption and implementation of telecommunications element of the General Plan.
Prior to taking action on cable television matters, the city council will refer the matter to the Cable
Television and Technology Commission for review and recommendation.
Sec. 2 -26. Commission qualifications.
All members of the cable television and technology commission shall be qualified
registered voters.
Sec. 2 -27. Public hearings.
Whenever the cable television and technology commission determines, by a two - thirds
majority of those members present, that its deliberations with respect to a particular matter or
matters would be substantially aided by the presentation of testimony from the citizens of the city,
or of a certain area of the city, the commission may direct that a public hearing be held concerning
such matter or matters. Notice of such a hearing shall be provided by publication in a newspaper of
general circulation published in the City of Cypress and/or by posting the same in at least three (3)
public places, not later than seven (7) days prior to the date of the hearing. Such hearings shall be
conducted in accordance with the rules established for the conduct of hearings before the city
council unless the council, by resolution, shall otherwise provide."
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FIRST READ at a regular meeting of the City Council of said City held on the 12th day of
May , 1997, and finally adopted and order posted at a regular meeting held on
the 27th day of May , 1997.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
CYPRESS
CITY LERK OF THE CITY OF
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, LILLIAN M. HAINA, City Clerk of the City of Cypress, California DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the City Council of the City
of Cypress, held on the 27th day of May , 1997 by the following roll call vote:
AYES: 5 COUNCIL MEMBERS:
NOES: 0 COUNCIL MEMBERS: None
ABSTAINED: 0 COUNCIL MEMBERS: None
ABSENT:
Bowman, Jones, Keenan,
Piercy and Carroll
[I:\Adm in. CATVOrd2. Word]
0 COUNCIL MEMBERS: None
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VYI.
CIT CLERK OF THE CITY OF CYPRESS
151