HomeMy WebLinkAboutOrd. 1535-2017 x SA4, City of South San Francisco
P.O. Box 711 (City Hall,
400 Grand Avenue)
_y South San Francisco, CA
c9L FORr�P Ordinance: ORD 1535-2017
File Number: 17-429 Enactment Number: ORD 1535-2017
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
City of South San Francisco Page 1
File Number: 17-429 Enactment Number: ORD 1535-2017
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
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.
Introduced at a regular meeting of the City Council of the City of South San Francisco,held the 12th day of
April, 2017.
At a meeting of the City Council on 4/26/2017, a motion was made by Liza Normandy, seconded by Mark
Addiego, that this Ordinance be adopted.The motion passed.
Yes: 5 Vice Mayor Normandy, Councilmember Garbarino, Councilmember
Matsumoto, Mayor Gupta, and Councilmember Addiego
Attest by
Gabriel Rodriguez
Mayor Pradeep Gupta
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