Ordinance 3203CITY OF ALAMEDA ORDINANCE NO. 3203
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.
P_ si ing Officer olf the tity Council
Attest:
�CL
Lara Weisiger, C' Clerk
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 51h day of December, 2017, by the following vote to wit:
AYES: Councilmembers Ezzy Ashcraft, Matarrese, Oddie, Vella and
Mayor Spencer — 5.
NOES: None.
ABSENT: None.
ABSTENTIONS: None.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of said City this 6th day of December, 2017.
16-f� b -V
Lara Weisiger, Ci Clerk
City of Alameda
Approved as to form:
Jq6e.C. Kern, City Attorney
of Alameda