HomeMy WebLinkAbout17-08 Reuthorizing PEG feeORDINANCE NO. 17-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, REAUTHORIZING THE PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL FEE ON STATE VIDEO FRANCHISEES OPERATING WITHIN THE
CITY OF COSTA MESA
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, Section 5870(n) of the California Public Utilities Code ("Section
5870(n)") was enacted as part of the Digital Infrastructure and Video Competition Act of
2006 and authorized the City of Costa Mesa ("City") to adopt an ordinance establishing a
fee on state -franchised video service providers to support public, educational, and
governmental ("PEG") channel facilities; and
WHEREAS, on December 4, 2007, the City adopted Ordinance No. 07-20,
establishing a one percent (1 %) fee for the support of PEG channel facilities and activities
within the City ("PEG Fee"), which is codified in Section 19-17 of the Costa Mesa
Municipal Code; and
WHEREAS, Ordinance No. 07-20 has never been repealed and did not include
' any expiration date, but was intended to apply to and regulate all current and future
franchisees, through 2017 and beyond; and
WHEREAS, Section 5870(n) states that such ordinance shall expire, and may be
reauthorized, upon the expiration of the state franchise, and therefore it could be argued
that the City's ordinance has lapsed; and
WHEREAS, Pacific Telephone Company d/b/a SBC Pacific Telephone Company
d/b/a AT&T California operates within the City under a state video franchise that expired
on March 30, 2017 and was renewed as of the same date ("AT&T Franchise"); and
WHEREAS, Time Warner Cable LLC d/b/a Time Warner Cable, now known as
Spectrum, operates within the City under a state video franchise that is set to expire on
or about January 2, 2018 ("Spectrum Franchise"); and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COSTA MESA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Reauthorization. The City's PEG Fee imposed in Section 19-17 of
the Costa Mesa Municipal Code is reauthorized to the extent required by California Public
Utilities Code section 5870(n). All state -franchised video service providers operating
within the City, including but not limited to those operating pursuant to the AT&T Franchise
' and the Spectrum Franchise, shall continue to be subject to the PEG Fee required by
Ordinance No. 17-08 Page 1 of 3
Section 19-17 of the Costa Mesa Municipal Code, which fee shall remain unchanged and
in full effect as to all state -franchised video service providers operating within the City.
SECTION 2. Automatic Reauthorization. Commencing from, and after, the
effective date of this Ordinance, the City's PEG fee set forth in Section 19-17 of the Costa
Mesa Municipal Code shall continue to apply to any new or existing franchisee operating
in the City and shall automatically be reauthorized upon the expiration of any existing or
future state video franchise(s) held by any state -franchised video service provider
operating within the City. This Ordinance shall so renew until such time that the City
Council takes formal affirmative action to cease the renewals.
SECTION 3. Compliance with CEQA. Adoption of this Ordinance is exempt from
the California Environmental Quality Act ("CEQA") under CEQA Guidelines section
15061(bx3) because it can be seen with certainty that there is no possibility that the
Ordinance may have a significant effect on the environment.
SECTION 4. Inconsistencies. Any provision of the Costa Mesa Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 5. Severability. 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 Costa Mesa
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 be declared invalid or
unconstitutional.
SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after
its final passage.
SECTION 7. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and shall cause the same to be published or posted in the manner
required by law.
PASSED AND ADOPTED this 2nd day of May, 2017.
k* z
K trio oley, Mayor
Ordinance No. 17-08 Page 2 of 3
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ATTEST:
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Brenda Green City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
APPROVED AS TO FORM:
ThomasuartXityAftomey
I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing Ordinance No. 17-08 was duly introduced for first reading
at a regular meeting of the City Council held on the 181' day of April, 2017, and that
thereafter, said Ordinance was duly passed and adopted at a regular meeting of the City
Council held on the 2nd day of May, 2017, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: MANSOOR, RIGHEIMER, STEPHENS, GENTS, FOLEY
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3'd day of May, 2017.
Ordinance No. 17-08 Page 3 of 3