REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: 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) APPROVED As Recommended As Amended Ordinance on 1 Reading Ordinance on 2nd Reading Implementing Resolution Set Public Hearing For CONTINUED TO FILE NUMBER CIV MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION 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 11 A- 1
Ordinance Second Reading: Chapters 18 and 21 SAMC November 7, 2017 Page 2 EXHIBIT: Ordinance No. NS -2934 11 A-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. and declares as follows. The City Council of the City of Santa Ana hereby finds, determines, 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 of the state franchisee's gross revenue, as codified at Santa Ana equivalent to 1% 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 11 A-3 Ordinance No. NS -XXX Page 1 of 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. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: w, Jobb M. Funk Assistant City Attorney AYES: NOES ABSTAIN: NOT PRESENT Ordinance No. NS -XXX Page 2 of 3 11 A-4
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 11 A-5
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