HomeMy WebLinkAbout2017-04-12 e-packet@6:00Wednesday, April 12, 2017
6:00 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
Special City Council
Special Meeting Agenda
April 12, 2017Special City Council Special Meeting Agenda
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the State of
California, the City Council of the City of South San Francisco will hold a Special Meeting on
Wednesday, April 12, 2017, at 6:00 p.m., in the City Council Chambers, Municipal Services Building,
33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
Call to Order.
Roll Call.
Agenda Review.
LEGISLATIVE BUSINESS
Report regarding an ordinance reauthorizing the Public, Educational, and
Governmental (PEG) fee on state cable franchisees operating within the City of South
San Francisco and amending Section 6.78.040 of the South San Francisco Municipal
Code. (Jason Rosenberg, City Attorney)
1.
Urgency Ordinance reauthorizing the Public, Educational, and Governmental fee on
state cable franchisees operating within the City of South San Francisco.
1a.
Ordinance reauthorizing the Public, Educational, and Governmental fee on state cable
franchisees operating within the City of South San Francisco and amending Section
6.78.040 of the South San Francisco Municipal Code.
1b.
Report regarding an ordinance amending Chapter 2.12 of the South San Francisco
Municipal Code to provide for a salary increase for the members of the City Council.
(Jason Rosenberg, City Attorney)
2.
Ordinance amending Chapter 2.12 of the South San Francisco Municipal Code to
provide for a salary increase for the members of the City Council
2a.
CLOSED SESSION
Closed Session: Conference with Labor Negotiators.
(Pursuant to Government Code §54957.6)
Agency designated representative: LaTanya Bellow
Employee Organizations: AFSCME, Local 829, AFL-CIO; confidential Unit,
Teamsters Lcoal 856; International Association of Firefighters, Local 1507;
International Union of Operating Engineers Local 39; Mid-management Unit,
Teamsters Local 856; South San Francisco Police Association; Public Safety
Managers; Executive Management Unit.
3.
Adjournment.
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April 12, 2017Special City Council Special Meeting Agenda
Page 3 City of South San Francisco Printed on 5/3/2017
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-350 Agenda Date:4/12/2017
Version:1 Item #:1.
Report regarding an ordinance reauthorizing the Public,Educational,and Governmental (PEG)fee on state
cable franchisees operating within the City of South San Francisco and amending Section 6.78.040 of the South
San Francisco Municipal Code.(Jason Rosenberg, City Attorney)
RECOMMENDATION
It is recommended that the City Council take the following actions:
1.Adopt,by a four-fifths vote,an Urgency Ordinance reauthorizing the Public,Educational,and
Governmental (PEG)fee on state cable franchisees operating within the City of South San
Francisco, and waive further reading; and
2.Introduce an Ordinance reauthorizing the Public,Educational,and Governmental (PEG)fee on
state cable franchisees operating within the City of South San Francisco and amending Section
6.78.040 of the South San Francisco Municipal Code, and waive further reading.
BACKGROUND/DISCUSSION
In 2008,the City Council adopted Ordinance No.1394,including Section 6.78.040 of the South San Francisco
Municipal Code,which imposes a PEG fee on state cable franchisees operating within the City.The revisions
in 2008 were authorized by the Digital Infrastructure Video and Competition Act of 2006 (“DIVCA”).Under
DIVCA, a PEG fee ordinance must be reauthorized upon expiration of an applicable state franchise.
AT&T California operates within the City under a state video services franchise that expired on March 30,
2017.The California Public Utilities Commission has renewed AT&T California’s statewide franchise until
2027.Now that the AT&T California franchise has expired and been renewed,City staff recommends that the
City Council declare that the City’s PEG fee is reauthorized by way of an urgency ordinance and introduce a
regular ordinance.
A regular ordinance must,by state law,be introduced and adopted at separate meetings of the City Council.
Moreover,such ordinances may not take effect sooner than thirty (30)days after their adoption.However,an
urgency ordinance for the purpose of preserving the public peace,health,and safety may be adopted upon
introduction and take effect immediately.
Because there is a delay in the adoption and effective date of a regular ordinance to reauthorize the City’s PEG
fee,the City Council may want to consider adopting an urgency ordinance declaring that the City’s PEG fee is
reauthorized.This approach will minimize any potential lapse in the collection and remission of the City’s PEG
fee.The urgency ordinance contains findings regarding preservation of the public peace,health,and safety.
Specifically,because PEG channels can provide critical emergency and public safety-related information,
maintaining stable PEG funding is vital to the peace, health, and safety of South San Francisco residents.
Staff recommends that the Council adopt the urgency ordinance and introduce a regular ordinance at tonight’s
meeting. If adopted at a subsequent meeting, the regular ordinance will replace the urgency ordinance.
In addition to reauthorizing the PEG fee,the regular ordinance would add a provision to Municipal Code
Section 6.78.040.The new provision would state that,upon the expiration of any state franchise,the City’sCity of South San Francisco Printed on 5/3/2017Page 1 of 2
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File #:17-350 Agenda Date:4/12/2017
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Section 6.78.040.The new provision would state that,upon the expiration of any state franchise,the City’s
PEG fee is automatically reauthorized unless the franchise holder has given the City Council and City Manager
60-days written notice prior to the expiration of its state franchise that the City’s PEG fee will expire.
FUNDING
The City collects quarterly franchise and PEG fees from Comcast,WAVE (formerly Astound)and AT&T U-
verse.In compliance with the California Public Utilities Code Section 5840(q)and 5870(n),the franchise fee is
calculated at five percent of gross receipts and one percent for the PEG fees.In the fourth quarter of 2016 the
City received $237,732 in franchise fees and $47,546 in PEG fees.
CONCLUSION
To reauthorize the City’s PEG fee and minimize any potential lapse in the collection and remission of the
City’s PEG fee,staff recommends that the City Council adopt the attached urgency ordinance and introduce the
attached regular ordinance as well.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-380 Agenda Date:4/12/2017
Version:1 Item #:1a.
Urgency Ordinance reauthorizing the Public,Educational,and Governmental fee on state cable franchisees
operating within the City of South San Francisco.
WHEREAS,the City Council previously adopted Section 6.78.040 of the South San Francisco Municipal Code
(“SSFMC”),which imposes a public,educational,and governmental (“PEG”)fee on state cable franchisees
operating within the City as authorized in the Digital Infrastructure and Video Competition Act of 2006; and
WHEREAS,Section 5870(n)of the California Public Utilities Code states that a PEG fee ordinance must be
reauthorized upon expiration of an applicable state franchise; and
WHEREAS,AT&T California (“AT&T”)operates within the City under a state franchise that expires on,and
was renewed as of, March 30, 2017; and
WHEREAS,the City Council wishes to adopt an ordinance expressly declaring that the City’s PEG fee is
reauthorized.
NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows:
Section 1.PEG Fee Reauthorization
The City’s PEG access fee authorized in SSFMC Section 6.78.040 is hereby reauthorized to the extent required
by Section 5870(n)of the California Public Utilities Code.All state franchisees operating within the City shall
continue to collect and remit the PEG access fee as required in Section 6.78.040.
Section 2.Urgency Findings and Declaration
The City Council finds and declares that this Ordinance must be adopted as an urgency matter because it is
necessary for the immediate preservation of the public peace,health,and safety.The following facts and
circumstances support such necessity:Section 5870(n)of the California Public Utilities Code states that a PEG
fee Ordinance must be reauthorized upon expiration of an applicable state franchise.It is in the public interest
to take every measure to minimize any potential lapse in the collection and remission of PEG fees,which
supports public,educational,and governmental channels,including channels that may provide critical
emergency or other public safety-related information.Maintaining stable funding for PEG channel facilities is
therefore vital to the public peace,health,and safety of the City of South San Francisco.Without the
enactment of this Ordinance as provided herein,a material lapse in the collection and remission of the PEG fee
could potentially occur, endangering the stability of PEG facilities funding within the City.
Based on said findings,facts and circumstances,the City Council finds that this Ordinance should be adopted
as an urgency ordinance for the immediate preservation of the public peace,health and safety,and that it is
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File #:17-380 Agenda Date:4/12/2017
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necessary that this Ordinance should go into effect as described below.
Section 3.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional,the remainder of this Ordinance,including the application of such part or provision to other
persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end,
provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby
declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase
hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,sentences,
clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4.Publication and Effective Date
Following adoption by at least a four-fifths vote of the City Council,this Ordinance shall take effect and be
enforced immediately.This Ordinance shall be published once,with the names of those City Councilmembers
voting for or against it,in the San Francisco Examiner,a newspaper of general circulation in the City of South
San Francisco, as required by law.
*****
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-349 Agenda Date:4/12/2017
Version:1 Item #:1b.
Ordinance reauthorizing the Public,Educational,and Governmental fee on state cable franchisees operating
within the City of South San Francisco and amending Section 6.78.040 of the South San Francisco Municipal
Code.
WHEREAS,the City Council previously adopted Section 6.78.040 of the South San Francisco Municipal Code
(“SSFMC”),which imposes a public,educational,and governmental (“PEG”)fee on state cable franchisees
operating within the City as authorized in the Digital Infrastructure and Video Competition Act of 2006; and
WHEREAS,Section 5870(n)of the California Public Utilities Code states that a PEG fee ordinance must be
reauthorized upon expiration of an applicable state franchise; and
WHEREAS,AT&T California (“AT&T”)operates within the City under a state franchise that expired on,and
was renewed as of, March 30, 2017; and
WHEREAS,the City Council wishes to adopt an ordinance expressly declaring that the City’s PEG fee is
reauthorized and amending SSFMC Section 6.78.040.
NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows:
Section 1.PEG Fee Reauthorization
The City’s PEG access fee authorized in Section 6.78.040 of the South San Francisco Municipal Code is hereby
reauthorized to the extent required by Section 5870(n)of the California Public Utilities Code.All state
franchisees operating within the City shall continue to collect and remit the PEG access fee as required in
Section 6.78.040.
Section 2.Revision to Section 6.78.040 of the South San Francisco Municipal Code
Section 6.78.040 of the South San Francisco Municipal Code shall be amended by adding subsection (e)to read
as follows:
(e)Notwithstanding subdivision (n)of Public Utilities Code Section 5870,upon the expiration of
any state franchise,without any action of the City Council,this section shall be deemed to have been
automatically reauthorized unless the state franchise holder has given the City Council and City Manager
written notice sixty (60)days prior to the expiration of its state franchise that the fee authorized in subsection
(a) of this section will expire pursuant to the terms of subdivision (n) of Public Utilities Code Section 5870.
The remaining provisions of Section 6.78.040 shall remain unchanged and in full force and effect.
Section 3.Severability
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or
unconstitutional,the remainder of this Ordinance,including the application of such part or provision to otherCity of South San Francisco Printed on 5/3/2017Page 1 of 2
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File #:17-349 Agenda Date:4/12/2017
Version:1 Item #:1b.
unconstitutional,the remainder of this Ordinance,including the application of such part or provision to other
persons or circumstances shall not be affected thereby and shall continue in full force and effect.To this end,
provisions of this Ordinance are severable.The City Council of the City of South San Francisco hereby
declares that it would have passed each section,subsection,subdivision,paragraph,sentence,clause,or phrase
hereof irrespective of the fact that any one or more sections,subsections,subdivisions,paragraphs,sentences,
clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 4.Publication and Effective Date
This Ordinance shall be published once,with the names of those City Councilmembers voting for or against it,
in the San Francisco Examiner,a newspaper of general circulation in the City of South San Francisco,as
required by law, and shall become effective thirty (30) days from and after its adoption.
City of South San Francisco Printed on 5/3/2017Page 2 of 2
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-338 Agenda Date:4/26/2017
Version:1 Item #:7.
Report regarding an ordinance amending Chapter 2.12 of the South San Francisco Municipal Code to
provide for a salary increase for the members of the City Council.(Jason Rosenberg, City Attorney)
RECOMMENDATION
It is recommended that the City Council waive the first reading and introduce an ordinance to
increase councilmember compensation.
BACKGROUND/DISCUSSION
The City Council provided direction to staff to prepare an ordinance increasing councilmember
compensation to $750 per month pursuant to California Government Code Section 36516.
Government Code Section 36516 prescribes the base salary of $500 per month for members of the City
Council for cities with a population between 50,000 and 75,000.Councilmember compensation has not
been increased since the $500 per month salary was adopted in 1997.
Section 36516 provides that the compensation of councilmembers may be increased by ordinance in an
amount up to five percent for each calendar year from the operative date of the last salary adjustment.
Since City Council compensation was last increased 20 years ago,the City Council can adopt an
increase that would provide for a monthly salary of up to $1,000 for each councilmember.However,the
City Council has directed staff to prepare an ordinance increasing monthly salary to $750.If the
ordinance is approved,$750 would become the base salary for councilmembers.Any future increases in
compensation pursuant to Section 36515 would be calculated based on a $750 monthly salary.
A change in salary does not take effect until the date upon which one or more members of the City
Council begins a new term of office following a general municipal election held in the City.An
ordinance adopted now increasing councilmember compensation would therefore not take effect until
December of 2018.
CONCLUSION
The ordinance would amend Chapter 2.12 of the South San Francisco Municipal Code to increase
councilmember compensation as allowed by Government Code Section 36516.It would also require
future increases or decreases of councilmember salary to be approved by ordinance pursuant to
Government Code Section 36516.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-337 Agenda Date:4/26/2017
Version:1 Item #:7a.
Ordinance amending Chapter 2.12 of the South San Francisco Municipal Code to provide for a salary increase
for the members of the City Council
WHEREAS, Ordinance No. 1202, adopted in 1997, provided for a salary of $500 per month for members of
City Council pursuant to Government Code Section 36516; and
WHEREAS, Government Code Section 36516(c) provides for a five percent (5%) increase in salary per
calendar year from the operative date of the last adjustment in salary; and
WHEREAS, Government Code Section 36516.5 states that a salary increase cannot become effective until at
least one councilmember begins a new term of office; and
WHEREAS, Councilmembers have not received a salary increase from the $500 per month salary provided for
in Ordinance No. 1202; and
WHEREAS, Councilmembers are up for election in November of 2018; and
WHEREAS, the City Council desires to increase councilmembers’ salaries as provided for in Government
Code Sections 36516(c) and 36516.5.
NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows:
Section 1.RECITALS
The recitals set forth above are hereby incorporated by reference into this ordinance and made a part
hereof.
Section 2.COUNCILMEMBER SALARY INCREASE
Pursuant to Government Code Sections 36516(c) and 36516.5, members of the City Council of the City
of South San Francisco shall receive a total salary of $1,000 per month beginning on the date councilmembers
are sworn into office in December 2018 following certification of the November 2018 election.
Section 3.AMENDMENTS
Chapter 2.12 of the South San Francisco Municipal Code is hereby amended to read as
follows (additions in underline; deletions in strikethrough). Any Sections or portions of Chapter 2.12
that are not amended by this Ordinance are not included below, and shall remain in full force and
effect.
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File #:17-337 Agenda Date:4/26/2017
Version:1 Item #:7a.
A.Revise Section 2.12.020 “Salaries” as follows:
2.12.020 Salaries.
Each member of the city council of the city shall receive as salary the following:
(a) The sum of five hundred dollars per month, as prescribed in said Section 36516 of the Government
Code for cities over fifty thousand up to and including seventy-five thousand in population, which shall be
payable at the same time and in the same manner as salaries are paid to other officers and employees of the city.
(b)The city council salary shall be increased to one thousand dollars ($1,000) per month for all
members of the City Council at such time as one or more members become eligible for a salary increase by
virtue of beginning a new term of office after the November 2018 general election, pursuant to Government
Code Section 36516.5.
B.Revise Section 2.12.030 “Increase or Decrease” as follows:
2.12.030 Increase or decrease.
The salaries provided in this chapter may be increased or decreased as follows:
(a)Following any new and later estimate of population made by the Department of Finance, placing
the city in a population group other than that set forth in Section 2.12.020 2.12.030, the salary payable to each
member of the council may be increased or decreased by ordinance resolution of the city council to equal the
sum prescribed for that population group in Section 36516 of the Government code, as amended.
(b)An amount equal to five percent for each calendar year from the operative date of the last
adjustment of the salaries in effect, in accordance with Government Code Section 36516 (c) and as approved by
city council ordinance resolution.
(c)In accordance with Government Code Sections 36516(b), by a majority of the electors voting at
any municipal election.
(d)The salaries as so increased or decreased shall become payable only on and after the date upon
which one or more members of the council becomes eligible therefor by virtue of beginning a new term of
office following a general municipal election held in the city.
Section 4.PUBLICATION AND EFFECTIVE DATE
This Ordinance shall be published once, with the names of those City Councilmembers voting for or
against it, in the San Francisco Examiner, a newspaper of general circulation in the City of South San
Francisco, as required by law, and shall become effective thirty (30) days from and after its adoption.
Section 5.SEVERABILITY
In the event any section or portion of this ordinance shall be determined invalid or unconstitutional,
such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full
force and effect.
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:17-269 Agenda Date:4/12/2017
Version:1 Item #:3.
Closed Session: Conference with Labor Negotiators.
(Pursuant to Government Code §54957.6)
Agency designated representative: LaTanya Bellow
Employee Organizations: AFSCME, Local 829, AFL-CIO; confidential Unit, Teamsters Lcoal 856;
International Association of Firefighters, Local 1507; International Union of Operating Engineers Local 39;
Mid-management Unit, Teamsters Local 856; South San Francisco Police Association; Public Safety
Managers; Executive Management Unit.
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