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HomeMy WebLinkAbout924 - Ordinances - URGENCY ORDINANCE , SUPPORT FEE ORDINANCE NO. 924 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 such a fee, which is codified in Section 7.02.050 of Chapter 7.02 of Title 7 of the Rancho Cucamonga 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, California Video Franchise Certificate Franchise No. 0007 granted to CCO SoCal I, LLC d/b/a Charter Communications will expire on January 2, 2018. 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. California Video Franchise Certificate Franchise No. 0007 granted to CCO SoCal I, LLC d/b/a Charter Communications and 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. 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. 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 Ordinance No. 924— Page 1 of 3 of the Municipal Code, which fee shall remain unchanged and in full effect as to all state-franchised video service providers. Section 3. This Ordinance shall become operative concurrent with the expiration of State Franchise No. 0020 granted to Time Warner Cable Pacific West LLC d/b/a Charter Communications and State Franchise No. 0007 granted to CCO SoCal I, LLC d/b/a Charter Communications, but in no event, later than January 2, 2018. Section 4. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by law. Ordinance No. 924— Page 2 of 3 PASSED, APPROVED, AND ADOPTED this 151h day of November, 2017. ZIA 1 Dennis Michae, Mayor ATTEST: nice C. Reynolds, City Glerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Urgency Ordinance was passed and adopted by a 4/5 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of November, 2017, by the following vote: AYES: Alexander, Kennedy, Michael, Spagnolo, Williams NOES: None ABSENT: None ABSTAINED: None Executed this 16th day of November 2017, at Rancho Cucamonga, California. ice C. Reynolds, City Jerk Ordinance No. 924— Page 3 of 3