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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 City of South San Francisco Page 2