HomeMy WebLinkAbout11A - 2ND READ ORD VIDEO SERVICE FRANCHISEREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
19, 2017
TITLE:
ORDINANCE SECOND READING: ADOPT
AN ORDINANCE REAUTHORIZING THE
PUBLIC, EDUCATIONAL, AND
GOVERNMENT (PEG) FEE ON STATE
VIDEO SERVICE FRANCHISES
OPERATING WITHIN THE CITY
(STRATEGIC PLAN NO. 5, 1)
CIV MANAGER
RECOMMENDED ACTION
Place ordinance on second reading and adopt.
DISCUSSION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1� Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
On December 5, 2017, the following ordinance was introduced for first reading and City Council
authorized publication of title by a vote of 6-0 (Villegas absent):
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
In summary, this ordinance allows the City to collect fees that may be used to support the City's
public access channel, SATV3. This action is required by state law.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability,
Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement
initiative to expand access to information and create opportunities for stakeholders to play an
active role in discussing public policy and setting priorities).
FISCAL IMPACT
Theo fisc 'm��sociated with this action.
,v�
Maria D. Huizar,
Clerk of the Council
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Ordinance — Second Reading: Chapters 18 and 21 SAMC
November 7, 2017
Page 2
EXHIBIT: Ordinance No. NS -2934
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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% 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. NS -XXX
Page 1 of 3
11 A-3
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.
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: w,
Jobb M. Funk
Assistant City Attorney
AYES: Councilmembers
NOES
ABSTAIN:
NOT PRESENT
Councilmembers
Councilmembers
Councilmembers
Miguel A. Pulido
Mayor
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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
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Ordinance No. NS -XXX
Page 3 of 3
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