HomeMy Public PortalAbout18-1803U - California Reauthorizing the City's Public, Educational, or Governmental Channel FeeURGENCY ORDINANCE NO. 18-1803U
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA REAUTHORIZING THE CITY'S PUBLIC,
EDUCATIONAL, OR GOVERNMENTAL CHANNEL FEE
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of the
as the Digital Infrastructure and Video Competition Act of 2006, authorized the City of Carson
("City") to adopt an ordinance establishing a fee on state -franchised video service providers to
support public, educational, and governmental access channel facilities ("PEG Fee"); and
WHEREAS, in 2008, the City adopted Ordinance Number 08-1398, which added a Division
2 (State Franchises) of Chapter 6 of Title VI of the Carson Municipal Code to establish a PEG Fee;
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, Ordinance No. 08-1398 does not include an expiration date and was intended to
apply to all current and future state -franchised video service providers in the City; and
WHEREAS, there are currently two state -franchised video services providers operating in
the City, AT&T and Charter, and both the AT&T and Charter state franchises have expired and since
been renewed by the state; and
WHEREAS, Government Code Sections 36934 and 36937 expressly authorize the City
Council to adopt an urgency ordinance for the immediate preservation of the public peace, health or
safety by a four-fifths vote of the City Council; and
WHEREAS, this Urgency Ordinance is necessary for the immediate preservation of the
public peace, health and safety of the City within the meaning of Government Code section 36937
due to the timelines detailed above concerning the expiration and reauthorization of the state
franchises, and due to the fact that the PEG Fee is used for, among other things, public education and
governmental outreach (including PEG emergency and public safety broadcasts); and
WHEREAS, this uncodified ordinance will expressly reauthorize the PEG Fee charged by
the City to telecommunication companies to support public, educational and government channel
facilities, and is also intended to create an express evergreen renewal of the City's PEG Fee until
such time that the City Council takes action to cease such reauthorizations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON,
CALIFORNIA FINDS AND ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS. The above recitals are true and correct and incorporated fully
herein.
SECTION 2. REAUTHORIZATION. The City of Carson hereby reauthorizes, to the
extent required by California Public Utilities Code section 5870(n), the PEG Fee adopted by
Ordinance No. 08-1398 and codified at Division 2 of Chapter 6 of Title VI of the Carson Municipal
Code. The PEG Fee shall remain unchanged and in full effect as to all state -franchised video service
providers.
ORDINANCE NO. 18-1803U
01007.0001/453148.2 Page 1 of 3
SECTION 3. AUTOMATIC REAUTHORIZATION. Commencing from, and after, the
effective date of this Ordinance, the City's PEG fee in Ordinance No. 08-1398, and codified in
Division 2 of Chapter 6 of Title VI of the Carson Municipal Code, shall automatically be
reauthorized, to the extent required by California Public Utilities Code section 5870(n), upon the
expiration of any existing or future Video Franchise Certificate Franchise(s) held by any state -
franchised video service provider operating within the City. The Ordinance shall so renew upon the
future expiration of Video Franchise Certificate Franchise(s) until such time that the City Council
takes formal affirmative action to cease the renewals (which action may be taken at any time and
without notice, except as required by the Ralph M. Brown Act, California Government Code 54950
et seq.).
SECTION 4. 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 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 thereof
may be declared invalid or unconstitutional.
SECTION 5. CEQA EXEMPTION. Adoption of this uncodified Ordinance is exempt from
the California Environmental Quality Act under CEQA Guidelines section 15061(b)(3) because it
can be seen with certainty that there is no possibility the amendment may have a significant effect on
the environment.
SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect
immediately upon its adoption by at least four-fifths vote of the City Council pursuant to
Government Code sections 36934 and 36937.
SECTION 7. CERTIFICATION. The City Clerk shall certify to the adoption of this
ordinance, and shall cause the same to be posted and codified in the manner required by law.
PASSED AND ADOPTED on the 6`h day of March, 2018, by the following vote:
APPROVED AS TO FORM: CITY OF CARSON:
Sunny K. So i, City Atto ney ert Robles, Mayo
ATTEST:
Donesia Gause-Aldana, MMC, City Clerk
ORDINANCE NO. 18-1803U
01007.0001/453148.2 Page 2 of 3
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF CARSON )
I, Donesia Gause-Aldana, City Clerk of the City of Carson, California,
hereby attest to and certify
that the foregoing ordinance, being Ordinance 18-1803U was adopted by the Carson City Council on
the 6`h day of March, 2018, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCIL MEMBERS: Robles, Hilton, Santarina, Hicks, Davis -Holmes
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
COUNCIL MEMBERS: None
01007.0001/453148.2
Donesia Gause-Aldana, MMC, City Clerk
V
ORDINANCE NO. 18-1803U
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