HomeMy WebLinkAbout17-14 CC Ordinance - Urgency ORDINANCE NO. 17-14
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA REAUTHORIZING THE CITY'S
PUBLIC, EDUCATIONAL, AND GOVERNMENTAL
ACCESS SUPPORT FEE
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as
part of the Digital Infrastructure and Video Competition Act of 2006, authorized the City
adopt an ordinance establishing a fee on state-franchised video service providers to
support public, educational, and governmental ("PEG") access channel facilities; and
WHEREAS, the City adopted Ordinance No. 07-09 establishing such a fee, which
is codified in Section 5.12.200 of the Temecula Municipal Code; and
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an
ordinance shall expire, and may be reauthorized, upon the expiration of a state franchise;
and
WHEREAS, California Video Franchise Certificate Franchise No. 0020 granted to
Time Warner Cable Pacific West LLC d/b/a Charter Communications will expire on
January 2, 2018;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES
ORDAIN AS FOLLOWS:
Section 1. Urgency Findings. The City Council finds as follows:
(a) Currently, the City depends upon the PEG access fee to support PEG
access channel facilities, which are essential to providing city residents with important
civic programming including emergency alerts and community and governmental news.
Pursuant to Public Utilities Code Section 5870(n), the City's PEG access fee codified in
Section 5.12.200 of the Municipal Code shall expire upon the expiration of a state
franchise. The first state franchise to include the City, California Video Franchise
Certificate Franchise No. 0020 granted to Time Warner Cable Pacific West LLC d/b/a
Charter Communications will expire on January 2, 2018. If this fee is not reauthorized
immediately, the City will lose funding for its PEG programming facilities. Any loss of
funding would jeopardize a trustworthy, reliable and immediate means by which the City
communicates with its residents. Any lapse in funding may also lead to confusion among
state video franchisees operating within the City regarding the payment of PEG access
fee leading the City to incur additional costs to recover any overdue fees.
(b) Therefore, the City Council finds and determines that the immediate
preservation of the public peace, health and safety requires that this ordinance be
enacted as an urgency ordinance pursuant to Government Code Section 36937(b) and
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take effect immediately upon adoption. If this Ordinance does not become effective
111 immediately, but instead becomes effective thirty days after its second reading, funding
for City PEG facilities could lapse causing residents who rely on PEG channels for
emergency broadcasts and news updates to lose a vital source of City information.
Therefore, this Ordinance is necessary for the immediate preservation of the public
peace, health and safety and its urgency is hereby declared.
Section 2. The City Council hereby reauthorizes the fee on state-franchised
video service providers to support public, educational, and governmental channel facilities
codified in Section 5.12.200 of the Municipal Code, which fee shall remain unchanged
and in full effect as to all state-franchised video service providers.
Section 3. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 12th day of December, 201701
i
Ae ..! _
J aryann Edwards, Mayor
ATTEST
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Ogg.
Randi Johl, i y Clerk
[SEAL]
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Ords 17-14 2
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the
foregoing Ordinance No. 17-14 was duly adopted and passed as an urgency ordinance
at a meeting of the City Council of the City of Temecula on the 12th day of December,
2017, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Rahn, Stewart,
Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: Non
Randi Johl, City Clerk
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