HomeMy WebLinkAboutMC-14891
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ORDINANCE NO. MC -1489
URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, REAUTHORIZING THE CITY'S PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL ACCESS AND 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 of San
Bernardino ("City") to adopt an ordinance establishing a fee on state -franchised video service
providers to support public, educational, and governmental access channel facilities ("PEG
Access Channel Facilities"); and
WHEREAS, the City established a 1% fee for the support of public, educational, and
governmental access facilities and activities within the City, codified as San Bernardino
Municipal Code Section 14.08.25 ("PEG Fee"); and
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an
Iordinance shall expire, and may be reauthorized, upon the expiration of the state franchise;
and
WHEREAS, the state franchise which includes the City of San Bernardino within its
geographic area, California Video Franchise Certificate Franchise No. 0007, expires in 2018;
and
WHEREAS. the City of San Bemardino depends can the PEG 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 Fee codified in Section 14.08.25 of
the San Bernardino Municipal Code shall expire upon the expiration of the state franchise.
The state franchise expires in 2018. If this fee is not reauthorized immediately, but instead
becomes effective 30 days after its second reading, funding for the City PEG Access Channel
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Facilities could lapse causing residents who rely on PEG channels for emergency broadcasts
and news updates to lose a vital source of City information. Any lapse in funding may also
lead to confusion among state video franchisees operating %vithin the City regarding; the
payment of PEG access fees leading the City to incur additional costs to recover any overdue
fees.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1. The Mayor and 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 and take effect immediately upon adoption.
SECTION 2: The Mayor and City Council hereby reauthorizes and readopts the fee
on state -franchised video service providers to support public, educational, and governmental
channel facilities codified as Section 14.08.25 of the San Bernardino 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.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
URGENCY ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO, CALIFORNIA, REAUTHORIZING THE CITY'S PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL ACCESS SUPPORT FEE
I HEREBY CERTIFY that the foregoing Urgency Ordinance was duly adopted by the
Mayor and City Council of the City of San Bernardino at a joint regular meeting thereof, held
on the 4th day of April 2018, by the following vote, to wit:
Council Members: AYES NAYS
MARQUEZ
BARRIOS
X
VALDIVIA
X /h
SHORETT
NICKEL
RICHARD
X
MULVIHILL
ABSTAIN ABSENT
eorgeann Hwdiiia, CMC, Uty Clerk
The foregoing Urgency Ordinance is hereby approved this 4th day of April 2018.
/,/-)
�"' Z""&y
R. Carey Davis 0
ayor
City of San B mardino
Approved as to form:
Gary D. Saenz, City Attorney
3
BN.
3