HomeMy WebLinkAboutReso 2017-058RESOLUTION NO. 2017-058
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA REAUTHORIZING CHULA VISTA
MUNICIPAL CODE CHAPTER 5.53. "STATE VIDEO
FRANCHISES"
WHEREAS, the State of California enacted the Digital Infrastructure and Video
Competition Act (DIVCA) in 2006 [California Public Utilities Code ('`CPUC") sections 5800, et
seq.]; and
WHEREAS, DIVCA requires a state franchise holder to designate a sufficient amount of
capacity on its network to allow the provision of at least three Public, Educations and
Governmental (''PEG") access channels and requires the franchise holder to pay a fee, if
established by ordinance of the local entity, to support PEG channel facilities; and
WHEREAS, the City of Chula Vista approved such an ordinance in May 2012
(Ordinance No. 3230), which amended Chula Vista Municipal Code ("CVMC") Chapter 5.52,
"Pay Television" and added Chapter 5.53 "State Video Franchises;" and
WHEREAS, consistent with DIVCA, CVMC Chapter 5.53 requires state franchise
holders who operate within the City to remit a PEG fee to the City in the amount of one percent
(1%) of the franchise holder's gross revenues, as defined in CPUC Code Section 5860 (the "PEG
fee"); and
WHEREAS, Cox Communications ("Cox") obtained a state video franchise certificate in
2007 and has obtained a renewal of that certificate for the ten-year period beginning April 27,
2017 and has requested that the City re -authorize the ordinance enacting the City's PEG fee in
order for it to continue remitting the PEG fee during the ten-year renewal period beginning April
27,2017 -.and
WHEREAS, by adopting this resolution, the City affirms that Ordinance No. 3230,
codified at CVMC Chapters 5.52 and 5.53, has been in full force and effect since its original
effective date, remains in full force and effect, applies to all video service providers holding state
video franchises and ,operating in the City pursuant to DIVCA ("Providers"), requires such
Providers to comply with all of its provisions, including remittance of the PEG fee pursuant to
CVMC section 5.53.040, and applies to all Providers operating under original state franchise
certificates, as well as those operating under renewal/renewed state franchise certificates.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, that it reauthorizes Municipal Code Chapter 5.53, "State Video Franchises."
Presented by
David Bilby, MSBA, FO
Director of Finance/Treasurer
Approved as to form by
len R\Googi s
1KAtdrney
Resolution No. 2017-058
Page No. 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of April 2017 by the following vote:
AYES: Councilmembers: Aguilar, Diaz, McCann, Padilla, and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Mary Glas, Mayor
ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2017-058 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 25th day of April 2017.
Executed this 25th day of April 2017.
Donna R. Norris, CMC, City Clerk