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HomeMy WebLinkAboutOrd. 1429-2010ORDINANCE NO. 1429-2010 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 6.78 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REGARDING THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 WHEREAS, the Digital Infrastructure and Video Competition Act of 2006 (Public Utilities Code sections 5800 et seq. ("DIVCA")) became effective January 1, 2007; and WHEREAS, the City adopted Ordinance No. 1394-2008 for the purpose amending Chapter 6.78 of the South San Francisco Municipal Code to implement DIVCA ("DIVCA Ordinance"); and WHEREAS, the City desires to amend the DIVCA Ordinance in order to further clarify the requirements of state franchise holders to pay a fee that supports Public, Educational, and Government ("PEG") channel facilities. NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: 1. Section 1. Section 6.78.040 of the South San Francisco Municipal Code is hereby amended as follows (with deletions in ~*r~'~°+~r^••R'~, and additions underlined): 6.78.040 Public, Educational, and Government Channels (a) In accordance with Public Utilities Code section 5870(n), upon termination of all incumbent cable provider franchises, beach state franchise holder shall remit to the city a fee to support PEG channel facilities in the amount of one percent of ~ gross revenues or ~+^+° c~i~~~. Each state franchise holder shall remit such fee to support PEG channel facilities quarterly, within forty-five (45) calendar days after the end of the quarter for the preceding calendar quarter. All revenue collected pursuant to this fee shall be deposited in a separate fund and shall only be expended for the purpose of supporting PEG channel facilities. (b) Each payment of the fee established in subsection (a) of this section delivered to the city shall be accompanied by a summary report ~ explaining the basis for the calculation of the payment, ~2,~ reflecting the total amount of gross revenues for the remittance period and all payments, deductions and computations used to determine the amount of the quarterly remittance, and 3) the fourth quarter payment shall include the total amount of dross revenues for the remittance period and a summary of the dross revenues submitted for the entire calendar yyear. The city manager may establish, and frorri time to time revise, such additional reporting requirements as are reasonably necessary to ensure that the basis for the calculation of the amount of remittance is adequately explained and documented, and each state franchise holder shall comply with such additional reporting requirements provided that each state franchise holder shall have ~~o~en°~~tten-~t~c~~°~~* ~~*°°„ r's~ ~°I~ rr;^r +^ +~,° ben;~r;,.,n ^~ tie--Te~~t-~rc~ agreed to such additional reporting requirements. Any additional reporting requirements must be mutually a egr ed upon by the City and the franchise h~lder_ ~ ~ ~ "~ ~ ~ ~ rn° .,,-,a ~,,,,,,,,,,-+ DRS'! ~t,~,,,-,ot E~- ~. i~~-~Xi arrgvn a ~E C~7~' ~ t T~;i;,;o~ r„ao moo,.+;,,r cQ~n {~)~ Each state franchise holder shall designate a sufficient amount of capacity on its network to allow the provision of PEG channels in accordance with California Public Utilities Code section 5870. Each state franchise holder shall have three (3) months from the date the City requests the PEG channels to designate the capacity. The three (3) month period shall be tolled by any period during which. the designation or provision of PEG channel capacity is technically infeasible. > > {~}~ This section shall be enforced, and disputes regarding this section shall be resolved, pursuant to California Public Utilities Code Section 5870. 2. Section 2. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. 3. Section 3. 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. * x~ Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 12th day of May, 2010. Adopted as an Ordinance of the City of South Francisco at a regular meeting of the City Council held the 26th day of May, 2010 by the following vote: AYES: Councilmembers Pedro Gonzalez, Richard A. Garbarino, and KarYl Matsumoto, Vice Mayor Kevin Mullin and Mayor Mark Addie~o NOES: N ABSTAIN: None ABSENT: None _~ f` ATTEST: ~' ~ '/~` erk As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 26th day of May, 2010.