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HomeMy WebLinkAbout50A - ORD - STATE VIDEO FEEREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: DECEMBER 5, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED APPROVE AN ORDINANCE ❑ As Recommended REAUTHORIZING THE PUBLIC El As Amended � ❑ Ordinance on 1B1 Reading EDUCATIONAL, AND GOVERNMENT (PEG) ❑ Ordinance on 2nd Reading FEE ON STATE VIDEO SERVICE ❑ Implementing Resolution FRANCHISES OPERATING WITHIN THE ❑ Set Public Hearing For CITY {STRATEGIC PLAN NO. 2,2A) CONTINUED TO FILE NUMBER CITV MANAGER RECOMMENDED ACTION Approve an Ordinance re -authorizing the Public, Educational and Government (PEG) fee on state video service franchises operating within the City. I�]F.Yfl In 2008, the City adopted an ordinance establishing such a fee equivalent to one percent of the state franchisee's gross revenue. The City has two state -issued franchisees operating within the City, AT&T California and Charter Communication. This ordinance is not intended to impose a new or increased PEG fee, but rather is intended to reauthorize the already existing PEG fee at the same level, to the extent such reauthorization may be necessary to continue to collect the fee. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education and Recreation, Objective #2 (Expand youth programming), Strategy A (Focus resources on quality youth engagement, civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand after- school programs during out-of-school hours at the library and community centers.). FISCAL IMPACT The City anticipates receiving $240,000 in PEG fees for FY 17/18, which has already been included as part of the FY 17/18 City Budget in the CAN PEG Access Support account (no. 02113002-50054). 50A-1 Approve an Ordinance Within the City December 5, 2017 Page 2 Reauthorizing the PEG Fee On State Video Service Franchises Operating Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Ordinance APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez _ Executive Director Finance and Management Services Agency 50A-2 Imf 11/27/2017 ORDINANCE NO. NS -XXX AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA REAUTHORIZING THE PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) FEE ON STATE VIDEO SERVICE FRANCHISES OPERATING WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS; SECTION 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows. A. Section 5870(n) of the California Public Utilities Code, which was enacted as part of the Digital Infrastructure and Video Competition Act of 2006, authorized the City of Santa Ana to adopt an ordinance establishing a fee on state -franchised video service providers operating within the City to support public, educational, and governmental access channel ("PEG") facilities. B. In 2008, the City adopted Ordinance No. 2774 establishing such a fee equivalent to 1%m of the state franchisee's gross revenue, as codified at Santa Ana Municipal Code, Chapter 15, Article II, Division 6, Section 15-271. C. Section 5870(n) of the Public Utilities Code provides that such an ordinance shall expire, and may be reauthorized, upon the expiration of a state franchise. D. The state -issued franchise covering the City, California Video Franchise Certificate Franchise No. 0002, granted to Pacific Bell Telephone Company d/b/a SBC Pacific Bell Telephone Company d/b/a AT&T California, expired on March 30, 2017 and was renewed on that same date. E. The state -issued franchise covering the City, California Video Franchise Certificate Franchise No. 0020, granted to Time Warner Cable Pacific West LLC d/b/a Charter Communications, will expire on January 2, 2018 and will be renewed on that same date. F. This ordinance is not intended to impose a new or increased PEG fee, but rather is intended to reauthorize the already existing PEG fee at the same level, to the extent such reauthorization may be necessary to continue to collect the fee. SECTION 2. The City Council of the City of Santa Ana hereby reauthorizes the fee on state -franchised video service providers to support PEG facilities, as codified at Santa Ana Municipal Code, Chapter 15, Article II, Division 6, Section 15-271. This fee Ordinance No. N3 -XXX Page 1 of 3 y 1 J shall remain unchanged and in full force and effect as to all state -franchised video service providers operating within the City. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions were to be declared invalid or unconstitutional. SECTION 4. This ordinance shall become effective thirty (30) days after its adoption. SECTION 5. The Clerk of the Council shall certify the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: --�g- W2-- Jobfi M. Funk Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No, NS -XXX Page 2 of 3 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana Ordinance No, NS•XXX Page 3 of 3 41A