313 ORDINANCE NO. 313
AN 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, 2018; 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.
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. 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 3. 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.
Ordinance No. 313 Page 1 of 2 January 9, 2018
\` SECTION 4. 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 5. 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 6. 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.
SECTION 7. Effective Date. This Ordinance shall become effective thirty (30) days from
and after its adoption.
SECTION 8. 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'regular meeting held on the 9th day of January 2018.
Da(cy c e
Mayor
ATTEST:
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Richard L. Adams, II
City Attorney
Ordinance No..313 Page 2 of 2 January 9, 2018
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 HEREBY CERTIFY that the foregoing Ordinance, being Ordinance No. 313 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 9th day of January 2018, and that the same was passed and adopted by the
following vote:
AYES: Council Members Wilson, Hussey, Henderson; Mayor Pro Tern
Robles; Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this loth day of January 2018, at Grand Terrace, California.
De ra L. Thomas, City Clerk
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