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
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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
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