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Final Passage of Ordinance Amending the Alameda Municipal Code by Amending Section 3-7 (Regulation of State Video Franchise Holders) at Article I, (Finance) of Chapter Ill, (Finance and Taxation) Regulating Holders of State Video Franchises to Reauthorize the Public, Education, and Government (PEG) Access Fees Applicable to State Video Franchises Operating Within the City of Alameda. (Public Works 4205)
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CITY OF ALAMEDA ORDINANCE NO. ________
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY AMENDING SECTION 3-7 AT ARTICLE I (FINANCE) OF CHAPTER III (FINANCE AND TAXATION) REGULATING HOLDERS OF STATE VIDEO FRANCHISES
WHEREAS, the Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”) went into effect on January 1, 2007; and
WHEREAS, Section 5870(n) of the California Public Utilities Code, which was enacted as part of DIVCA, authorized the City to adopt an ordinance establishing a fee on state-franchised video service providers to support public, educational, and governmental access channel facilities; and
WHEREAS, in October 2008, Comcast Cable Communications Management, LLC (or a predecessor entity, hereinafter “Comcast”) notified the City that it had received a state franchise for a period of ten years after the date of issuance, and the franchise specified that the holder may apply for a renewal of the State franchise for an additional ten-year period, if it wishes to continue to provide video service to the City of Alameda; and
WHEREAS, on February 15, 2011, the City Council adopted Ordinance No. 3026 to establish fees on state-franchised video service providers to support public, educational, and governmental access channel facilities pursuant to DIVCA; and
WHEREAS, section 5870(n) of the California Public Utilities Code states that such an ordinance shall expire, and may be reauthorized, upon the expiration of a state franchise; and
WHEREAS, on October 2, 2017, the City received notification from Comcast that they had applied for renewal of their California State Video Franchise, which would otherwise expire on January 2, 2018.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ALAMEDA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Section 3-7 at Article I (FINANCE) of Chapter III (FINANCE AND TAXATION) of the Alameda Municipal Code is hereby amended to add a new Section 3-7.7, Reauthorization of State Video Franchise Holder PEG Fees, which shall read as follows:
3-7.7 Reauthorization of State Video Franchise Holder PEG Fees.
a. The fee on State video franchise holders to support public, educational, and governmental channel facilities in the Alameda Municipal Code Section 3-7.3 (State Video Franchise and PEG Fees) above is reauthorized and shall remain unchanged and in full effect as to all State video franchise holders.
b. The PEG fee in in the Alameda Municipal Code Section 3-7.3 (State Video Franchise and PEG Fees) above shall automatically be reauthorized upon the expiration of any existing or future franchise certificate franchise(s) held by any State video franchise holders operating within the City of Alameda.
c. Section 3-7.3 (State Video Franchise and PEG Fees) above shall automatically be reauthorized upon the expiration of any existing or future franchise certificate franchise(s) held by any State video franchise holder operating within the City of Alameda. This Section shall so renew upon the future expiration of any franchise certificate franchise(s) until such time that the Alameda City Council takes formal affirmative action to cease the renewals.
Section 2: CEQA DETERMINATION
The City Council finds that adoption of this Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is exempt from CEQA under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment in that this Ordinance simply clarifies existing local regulations.
Section 3: SEVERABILITY
If any provision of this Ordinance is held by a court of competent jurisdiction to be invalid, this invalidity shall not affect other provisions of this Ordinance that can be given effect without the invalid provision and therefore the provisions of this Ordinance are severable. The City Council declares that it would have enacted each section, subsection, paragraph, subparagraph and sentence notwithstanding the invalidity of any other section, subsection, paragraph, subparagraph or sentence.
Section 4: EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
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Presiding Officer of the City Council |
Attest:
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Lara Weisiger, City Clerk |
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I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the 5th day of December, 2017, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 6th day of December, 2017.
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Lara Weisiger, City Clerk City of Alameda |
Approved as to form:
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Janet C. Kern, City Attorney
City of Alameda