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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