HomeMy WebLinkAbout901 - Ordinances - PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEEORDINANCE NO. 901
AN URGENCY ORDINANCE OF THE CITY OF RANCHO CUCAMONGA,
CALIFORNIA, REAUTHORIZING THE CITY'S PUBLIC, EDUCATIONAL,
AND GOVERNMENTAL ACCESS SUPPORT FEE
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of the Digital
Infrastructure and Video Competition Act of 2006, authorized the City adopt an ordinance establishing a
fee on state -franchised video service providers to support public, educational, and governmental ("PEG")
access channel facilities; and
WHEREAS, the City adopted an ordinance establishing such a fee, which is codified in Section
7.02.050 of the Municipal Code; and
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an ordinance shall
expire, and may be reauthorized, upon the expiration of a state franchise; and
WHEREAS, the first state franchise to include the City, California Video Franchise Certificate
Franchise No. 0001 granted to Verizon California, Inc. will expire on March 8, 2017; and
WHEREAS, the second state franchise to include 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 ("AT&T") will expire on March 30, 2017.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES
ORDAIN AS FOLLOWS:
Section 1. Urgency Findings. The City Council finds as follows:
(a) Currently, the City depends upon the PEG access fee to support PEG access channel
facilities, which are essential to providing city residents with important civic programming including
emergency alerts and community and governmental news. Pursuant to Public Utilities Code Section
5870(n), the City's PEG access fee codified in Section 7.02.050 of the Municipal Code shall expire upon
the expiration of a state franchise. The first state franchise to include the City, California Video Franchise
Certificate Franchise No. 0001 granted to Verizon California, Inc. will expire on March 8, 2017. The
second state franchise to include the City, California Video Franchise Certificate Franchise No. 0002
granted to AT&T will expire on March 30, 2017. If the City's PEG fee is not reauthorized immediately,
the City may lose funding for its PEG programming facilities. Any loss of funding would jeopardize a
trustworthy, reliable and immediate means by which the City communicates with its residents. Any lapse
in funding may also lead to confusion among state video franchisees operating within the City regarding
the payment of PEG access fee leading the City to incur additional costs to recover any overdue fees.
(b) Therefore, the City Council finds and determines that the immediate preservation of the
public peace, health and safety requires that this ordinance be enacted as an urgency ordinance
pursuant to Government Code Section 36937(b) and take effect immediately upon adoption. If this
Ordinance does not become effective immediately, but instead becomes effective thirty days after its
second reading, funding for City PEG facilities could lapse causing residents who rely on PEG channels
for emergency broadcasts and news updates to lose a vital source of City information. Therefore, this
Ordinance is necessary for the immediate preservation of the public peace, health and safety and its
urgency is hereby declared.
Ordinance No. 901 — Page 1 of 2
Section 2. The City Council hereby reauthorizes the fee on state -franchised video service
providers to support public, educational, and governmental channel facilities codified in Section 7.02.050
of the Municipal Code, which fee shall remain unchanged and in full effect as to all state -franchised video
service providers.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and cause the same
to be published as required by law.
PASSED, APPROVED, AND ADOPTED this 15' day of March, 2017.
•ennis Micha: , Mayor
ATTEST:
ice C. Reynolds, City CI , rk
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO ) ss
CITY OF RANCHO CUCAMONGA )
I, JANICE C. REYNOLDS, CITY CLERK of the City of Rancho Cucamonga, California, do
hereby certify that the foregoing urgency Ordinance was adopted at a Regular Meeting of the Council of
the City of Rancho Cucamonga held on the 1st day of March 2017.
AYES: Alexander, Kennedy, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
Executed this 15' day of March 2017, at Rancho Cucamonga, California.
ice C. Reynolds, City tlerk
Ordinance No. 901 — Page 2 of 2