312 ORDINANCE NO. 312
AN URGENCY ORDINANCE OF THE CITY OF GRAND
TERRACE, -CALIFORNIA, REAUTHORIZING THE CITY'S
PUBLIC, EDUCATIONAL, AND GOVERNMENTAL ACCESS
SUPPORT FEE
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as
part of the as the Digital Infrastructure and Video Competition Act of 2006, authorized the
City of Grand Terrace("City")to 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. 295 establishing a 1% fee for the
support of public, educational, and governmental access facilities and activities within
the City; 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, the state franchises granted to Pacific Bell Telephone Company d/b/a
SBC Pacific Bell Telephone Company d/b/a AT&T California ("AT&T") and Time Warner
Cable LLC d/b/a Time Warner Cable, now known as Spectrum, are set to expire'on
January 2, 2008; and
WHEREAS, the City faces a potential lapse in collection of the PEG Fee from both
AT&T and Spectrum until such time as the City Council reauthorizes the fee as required
by State law,. and
WHEREAS, because the City depends upon the PEG Fee for capital costs
relating to PEG channel facilities, the City may be unable to provide residents with
important civic programming including emergency alerts and community and government
news; and
WHEREAS, the City Council desires to expressly reauthorize the PEG Fee
codified in Title 5, Chapter 5.12.030 of the Grand Terrace Municipal Code, which fee shall
remain unchanged and in full effect as to all state-franchised video service providers
operating within the City, including but not limited to, the AT&T Franchise and the
Spectrum Franchise, and to further provide for automatic reauthorization of the PEG Fee
upon the expiration.of future video franchises held by state-franchised video service
providers operating within the City.
z NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND TERRACE,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Finding. That the City Council of the City of Grand Terrace does find,
determine, and declare that the Recitals set forth herein are true and correct and are
incorporated herein as findings of the City Council.
SECTION 2. Urgency Finding..The City Council hereby finds that this.Ordinance
is necessary for the immediate preservation of the public peace, health and safety and its
urgency is hereby declared pursuant to Government Code Section 36937(b) and take.
effect immediately after adoption.
SECTION 3. Reauthorization. The City Council hereby reauthorizes the fee on
state-franchised video service providers to support public, educational,and governmental
channel facilities pursuant to California Public Utilities Code Section 5870(n) and as
codified in Grand Terrace Municipal Code Title 5, Chapter 5.12.030, which fee shall
remain unchanged and in full effect as to all state-franchised video service providers.
SECTION 4. Automatic Reauthorization. Commencing from, and after, the
effective date of this Ordinance, the City's PEG fee set forth in Grand Terrace Municipal
Code .Title 5, Chapter 5.12.030 shall continue to apply to any new or existing franchisee
operating in the City and shall automatically be reauthorized upon the expiration of any
existing or.future state video franchise(s) held by any state-franchised video service
provider operating within the City. This Ordinance shall so renew until such time that the
City Council takes formal affirmative action to cease the renewals.
SECTION 5. Environmental Determination. This Ordinance has been reviewed for
compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines,
and the City's environmental procedures, and has been found to be exempt pursuant to
Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council
hereby finds that it can be seen with certainty that there is no possibility that the passage
of this Ordinance will have a significant effect on the environment.
SECTION 6. Inconsistencies. Any provision of the Grand Terrace Municipal Code
or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of
such inconsistencies and no further, are repealed or modified to that extent necessary to
affect the provisions of this Ordinance.
SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision will not affect the validity of the
remaining portions of this Ordinance. The City Council of the City of Grand Terrace hereby
declares that it would have adopted this Ordinance and each section, subsection, sentence,
clause, phrase or portion thereof irrespective of the fact that any one or more sections,
subsection, sentence clause, phrases or portions be declared valid'or unconstitutionally.
r_ SECTION 8. Effective Date. This Ordinance shall become effective immediately.
SECTION 9. Certification. The City Clerk shall certify to the passage and adoption
of this Ordinance and cause the same to be published and posted in the manner required
by law.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Grand
Terrace at a regularly meeting held on the 12th day of December, 2017.
�cy Mc ' aboe
Mayyw
ATTEST:
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Richard L.-Adams, II
City Attorney
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO )
CITY OF GRAND TERRACE )
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HERBY CERTIFY that the foregoing Ordinance, being Ordinance No. 312 was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, at the regular meeting of said City Council held on the
12th day of December 2017, and that the same was passed and adopted by the
following vote:
AYES: Council Members Wilson, Hussey, Henderson; Mayor McNaboe
NOES: None.
ABSENT: Mayor Pro Tern Robles
ABSTAIN: None.
Executed this 13th day of December 2017, at Grand Terrace, California..
Debra L. Thomas, City Clerk
✓, [SEAL]