HomeMy WebLinkAbout2017-03-28 - ORDINANCES - REAUTHORIZING PEG ACCESS FEE (2)ORDINANCE NO. 17-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA CLARITA, CALIFORNIA, REAUTHORIZING THE PUBLIC, EDUCATIONAL,
AND GOVERNMENTAL (PEG) ACCESS 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 of Santa
Clarita to adopt an ordinance establishing a fee on state -franchised video service providers to
support public, educational, and governmental access channel facilities; and
WHEREAS, on November 13, 2007, the City of Santa Clarita adopted Ordinance
Number 07-8 to establish such a fee; and
WHEREAS, Section 5870(n) of the Public Utilities Code appears to indicate 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. 0002 granted to
Pacific Bell Telephone Co. d/b/a SBC Pacific Bell Telephone Co. d/b/a AT&T California, will
expire on March 30, 2017; and
WHEREAS, this ordinance is not intended to impose a new or increased fee, but rather is
intended to reauthorize the already existing PEG fee at the same level, to the extent such
reauthorization is required by State law in order to continue to collect said fee.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City of Santa Clarita hereby reauthorizes the fee on state -franchised
video service providers to support public, educational, and governmental channel facilities
adopted in Ordinance Number 07-8, and referenced in Santa Clarita Municipal Code Section
4.22.020. The fee shall remain unchanged and in full effect as to all state -franchised video
service providers.
SECTION 2. Environmental Findings. The City Council exercises its independent
judgment and finds that this ordinance is not subject to the California Environmental Quality Act
(CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, section15061(b)(3) because the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment and it can be seen with certainty that there is no possibility that this Ordinance may
have a significant effect on the environment.
SECTION 3. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 4. Effective Date. This ordinance takes effect 30 days from the date of its
adoption.
SECTION 5. Publication. The City Clerk shall certify to the passage of this Ordinance
and shall cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED March 28, 2017.
Attest:
City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CL ARITA )
I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that foregoing
Ordinance 17-05 was regularly introduced and placed upon its first reading at a regular meeting
of the City Council on the 141h day of March 2017. That thereafter, said Ordinance was duly
passed and adopted at a regular meeting of the City Council on the 28th day of March 2017, by
the following vote, to wit:
AYES: COUNCILMEMBERS : Weste, Miranda, Kellar, McLean, Smyth
NOES: COUNCILMEMBERS : None
ABSENT: COUNCILMEMBERS: None
AND I FURTHER CERTIFY that the foregoing is the original of Ordinance 17-05
and was published in The Signal newspaper in accordance with State Law (G.C. 40806).
CITY CLERK