HomeMy WebLinkAboutOrd. 1534-2017 c.o„x SANS City of South San Francisco
t4;4, Ge P.O. Box 711 (City Hall,
o 400 Grand Avenue)
South San Francisco, CA
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Ordinance: ORD 1534-2017
File Number: 17-380 Enactment Number: ORD 1534-2017
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
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Fite Number: 17-380 Enactment Number: ORD 1534-2017
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 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.
* * * * *
Introduced and adopted 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 Special City Council on 4/12/2017, a motion was made by Liza Normandy, seconded
by Richard Garbarino, that this Ordinance be adopted.The motion passed.
Yes: 5 Matsumoto, Normandy,Addiego, Gupta, and Garbarino
Attest by -g �1.,
Gabel Rodriguez
Mayor Pradeep Gupta
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