HomeMy WebLinkAbout08 SECOND READING AND ADOPTION OF ORDINANCE NO. 1480MEETING DATE: MAY 2, 2017
TO: JEFFREY C. PARKER, CITY MANAGER
FROM: JOHN A. BUCHANAN, ACTING FINANCE DIRECTOR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1480
6111►7fIivi/_1 WE
Ordinance No. 1480 is re -authorizing and re -stating Section 7945 as it presently exists.
RECOMMENDATION:
Have second reading by title only and adoption of Ordinance No. 1478.
BACKGROUND:
On April 18, 2017, the City Council had first reading by title only of the following
Ordinance.-
ORDINANCE
rdinance:
ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN RE-
AUTHORIZING AND RE -STATING SECTION 7945 OF THE MUNICIPAL CODE
RELATING TO COLLECTION OF A PUBLIC EDUCATION GOVERNMENT FEE BY
STATE VIDEO FRANCHISE HOLDER
Attachments: Ordinance No. 1480
ORDINANCE NO. 1480
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUSTIN RE -AUTHORIZING AND RE -STATING
SECTION 7945 OF THE MUNICIPAL CODE RELATING
TO COLLECTION OF A PUBLIC EDUCATION
GOVERNMENT FEE BY STATE VIDEO FRANCHISE
HOLDER
Whereas, in 2008 the City adopted Section 7945 of the Tustin Municipal Code
adopting a fee equal to one percent of the gross revenues of a state video franchise
holder to support the City's public, education and government ("PEG") channel facilities
(hereafter, the "PEG Ordinance"); and
Whereas, Cox Communication's existing state franchise is set to expire on April
27, 2017, and Cox Communications' new state franchise will take effect on April 28, 2017;
and
Whereas, Cox Communications has taken the position that State law requires
the City to re -authorize the PEG Ordinance in order for it to continue to collect the PEG
fee; and
Whereas, State law authorizing collection of the PEG fee is not clear as to
whether the City must re -authorize the PEG Ordinance as contended by Cox
Communications; and
Whereas, to resolve any ambiguities as to whether the City Council desires Cox
Communications to collect the PEG fee, the City Council desires to re -authorize and re-
state Section 7945 as it presently exists.
THE CITY COUNCIL OF THE CITY OF TUSTIN DOES HEREBY ORDAIN AS
FOLLOWS:
7945 PEG Fee.
In addition to the franchise fee required pursuant to section 7944, a state video franchise
holder operating in the City shall pay to the City a fee that is equal to one percent (1 %) of
the gross revenues of that state video franchise holder which fee shall be used to support
PEG channel facilities. The term "gross revenues" shall be defined as set forth in Public
Utilities Code Section 5860.
Ordinance No. 1480
Page 1 of 2
PASSED and ADOPTED, at a regular meeting of the City Council of the City of Tustin on
this 2nd day of May, 2017.
DR. ALLAN BERNSTEIN
Mayor
ATTEST:
ERICA N. RABE, CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
CERTIFICATION FOR ORDINANCE NO. 1480
Erica N. Rabe, City Clerk and ex -officio Clerk of the City Council of the City of Tustin, California,
does hereby certify that the whole number of the members of the City Council of the City of Tustin
is five; that the above and foregoing Ordinance No. 1480 was duly and regularly introduced and
read by title only at the regular meeting of the City Council held on the 18th day of April, 2017, and
was given its second reading, passed, and adopted at a regular meeting of the City Council held
on the 2nd day of May, 2017 by the following vote:
COUNCILMEMBER AYES:
COUNCILMEMBER NOES:
COUNCILMEMBER ABSTAINED:
COUNCILMEMBER ABSENT:
ERICA N. RABE, CITY CLERK
Ordinance No. 1480
Page 2 of 2