HomeMy WebLinkAboutNS-2934 - Uncodified Ordinance of City Council of Santa Ana Reauthorizing Public, Educational, and Government...jmf11/27/2017
ORDINANCE NO. NS -2934
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% 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
Ordinance No. NS -2934
Page 1 of 3
Santa Ana Municipal Code, Chapter 15, Article II, Division 6, Section 15-271. This fee
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 191h day of December, 2017
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: L/' JAZ'166nA
J M. Funk
Assistant City Attorney
AYES: Councilmembers
NOES: Councilmembers
ABSTAIN: Councilmembers
NOT PRESENT: Councilmembers
Ordinance No. NS -2934
Page 2 of 3
Benavides, Martinez, Sarmiento, Solorio,
Villeaas (5)
None (0)
Pulido. Tinaiero (2)
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. 2934 to be the original ordinance adopted by the City Council of the City
of Santa Ana on December 19, 2017, and that said ordinance was published in
accordance with the Charter of the City of Santa Ana.
Date:v®7
Maria D. Huizar G/
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2934
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