HomeMy WebLinkAbout2017-5 - Reauthorizing the Public, Educational, and Governmental Fee on State Video Franchises Operating Within the City of Newport BeachORDINANCE NO. 2017-5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, REAUTHORIZING THE
PUBLIC, EDUCATIONAL, AND GOVERNMENT FEE ON STATE
VIDEO FRANCHISES OPERATING WITHIN THE CITY OF
NEWPORT BEACH
WHEREAS, on May 22, 2007, the City Council for the City of Newport Beach ("City")
adopted Ordinance No. 2007-9 which, among other things, added Section 5.43.030(8) to the
Newport Beach Municipal Code ("NBMC");
WHEREAS, NBMC Section 5.43.030(8) imposes a fee on any holderof a state franchise
issued pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA")
operating within the City; the fee is one percent (1 %) of the state franchisee's "Gross Revenue,"
as defined in DIVCA and the NBMC, and is for the City to use for public, educational, and
governmental ("PEG") purposes consistent with state and federal law;
WHEREAS, California Public Utilities Code Section 5870(n) states that the City's
ordinance imposing a PEG fee on state franchisees expires, and may be reauthorized, upon
the expiration of the state franchise;
WHEREAS, the State of California Public Utilities Commission ("CPUC") issued
California Video Franchise Certificate Franchise Number 0002 to Pacific Bell Telephone
Company d/b/a SBC Pacific Bell Telephone Company d/b/a AT&T California, effective March
30, 2007 ("AT&T Franchise"), which is set to expire and renew on March 30, 2017;
WHEREAS, the CPUC issued California Video Franchise Certificate Franchise Number
0003 to CoxCom, Inc. d/b/a Cox Communications, effective April 27, 2007 ("Cox Franchise"),
which is set to expire and renew on April 27, 2017;
WHEREAS, the CPUC issued California Video Franchise Certificate Franchise Number
0020 to the entity doing business as Time Warner Cable now known as Spectrum, effective
January 2, 2008 ("Time Warner Cable/Spectrum Franchise"), which is set to expire on
January 2, 2018; and
WHEREAS, the City Council wishes to adopt an ordinance expressly re -authorizing the
PEG fee in NBMC Section 5.43.030(8) for: (1) AT&T Franchise; (2) Cox Franchise; and (3)
Time Warner Cable/Spectrum Franchise.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: The City's PEG fee imposed in NBMC Section 5.43.030(B) is hereby
reauthorized to the extent required by California Public Utilities Code Section 5870(n). All state
franchisees operating within the City, including but not limited to the AT&T Franchise, the Cox
Franchise, and the Time Warner Cable/Spectrum Franchise, shall continue to collect and remit
the PEG fee as required in NBMC Section 5.43.030(8), which fee shall remain unchanged and
in full effect as to all state franchisees. The City Council expressly intends for this ordinance
to apply retroactively to the expiration and renewal of the AT&T Franchise and/or the Cox
Franchise to the extent either or both such franchises expire prior to the effective date of this
ordinance.
Ordinance No. 2017-5
Page 2 of 2
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity
or constitutionality of the remaining portions of this ordinance. The City Council hereby
declares that it would have passed this ordinance and each section, subsection, sentence,
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the introduction and adoption of this ordinance is
not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical
change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section
15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because
it has no potential for resulting in physical change to the environment, directly or indirectly.
Alternatively, the City Council finds the introduction and approval of this ordinance is not a
project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a
significant effect on the environment.
Section 5: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published
pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 14th day of March, 2017, and adopted on the 28th day of March,
2017, by the following vote, to -wit:
AYES: Council Member Scott Peotter, Council Member Jeff Herdman, Council
Member Brad Avery, Council Member Diane Dixon Council Member Will
NAYS:
O'Neill, Mayor Pro Tem Duffy Duffield, Mayor Kevin Muldoon
KEVIN MULDOOWMAYOR
U
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEYS OFFICE
0
To �'
AARON C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA
COUNTY OF ORANGE f ss.
CITY OF NEWPORT BEACH j
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2017-5 was duly introduced on the 14th day of March, 2017 at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 28th day of March, 2017, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Council Member Scott Peotter, Council Member Jeff Herdman,
Council Member Brad Avery, Council Member Diane Dixon,
Council Member Will O'Neill, Mayor Pro Tem Duffy Duffield,
Mayor Kevin Muldoon
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 291h day of March, 2017.
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MMC
City Clerk
City of Newport Beach, California
(Seal)
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH )
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2017-5 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: March 14, 2017
Adopted Ordinance: April 1, 2017 ]�
In witness whereof, I have hereunto subscribed my name this I �'I day of
2017.
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Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
(Seal)