HomeMy WebLinkAbout2351 - Uncodified ORDINANCE NO. 2351
(UNCODIFIED)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA,
CALIFORNIA, AMENDING UNCODIFIED ORDINANCE NO. 2276 AND
REAUTHORIZING THAT ORDINANCE AS AMENDED, INCLUDING THE
FEE PAID TO THE CITY BY STATE VIDEO FRANCHISE HOLDERS
FOR PUBLIC, EDUCATIONAL, AND GOVERNMENT ACCESS
PURPOSES
WHEREAS, in 2006, the Digital Infrastructure and Video Competition Act was
signed into law and codified at California Public Utilities Code section 5800, et seq.,
("DIVCA"); and
WHEREAS, DIVCA established a state video franchising system that replaced
local cable franchising but also recognized the continued need to protect local revenues
and control of public rights of way; and
WHEREAS, DIVCA provides that state video franchises are issued by the
California Public Utilities Commission ("CPUC") and have a stated term of 10 years; and
WHEREAS, DIVCA provides that a local entity may, by ordinance, establish a fee
to support public access, educational, and government ("PEG") purposes payable by
state video franchise holders; and
WHEREAS, the City Council of Arcadia adopted Ordinance No. 2276, which
amended Uncodified Ordinance No. 2206 in order to address holders of State video
franchises issued by the CPUC pursuant to DIVCA, including providing for the payment
of a fee of 1% of gross revenues of each State video franchise holder which operates
within the City, to support public, educational, and government ("PEG") access
purposes; and
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WHEREAS, the State video franchises of Spectrum (formerly Time Warner
Cable), AT&T, Frontier (formerly Verizon) and Giggle Fiber, currently entitle them to
serve Arcadia, some of which have recently expired and been renewed by the CPUC,
and others which will expire and may be renewed in the future; and
WHEREAS, DIVCA provides that the ordinance establishing a PEG fee shall
expire, and may be reauthorized, upon the expiration of the State video franchise, but
there is uncertainty as to the circumstances, if any, under which the provision applies to
Arcadia's PEG fee ordinance; and
WHEREAS, to the extent any action is required of Arcadia, it is deemed to be in
the best interests of Arcadia to adopt an ordinance amending and reauthorizing
Ordinance No. 2276 including the PEG fee so that as each State video franchise
expires and is renewed by the CPUC now and in future years, State video franchise
holders continue to pay PEG fees.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Section 1 of Uncodified Ordinance No. 2276 which amended
Section 60 of Uncodified Ordinance No. 2206, is hereby amended as follows:
1. The text of Subsection 60(C) is amended, to read in its entirety as follows:
(C) (1) For any State video franchise holder operating within
the boundaries of the City of Arcadia, there shall be a franchise fee
paid to the City equal to five percent (5%) of the gross revenue of
that State video franchise holder, and an additional fee paid to the
City equal to one percent (1%) of the gross revenue of that State
video franchise holder, which 1% fee shall be used by the City for
public, educational, and government access consistent with State
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and Federal law. The 1% fee established in this subsection is
intended to be a fee authorized by subsection (n) of Section 5870
of the California Public Utilities Code. Gross revenue, for the
purposes of this subsection, shall have the definition set forth in
California Public Utilities Code Section 5860.
(2) To the extent reauthorization is required by law, this
Section 60, including the PEG fee specified in paragraph (1) of this
subsection (C) in the amount of one percent (1%) of gross
revenues, is automatically reauthorized as to each affected State
video franchise holder upon the expiration of any State video
franchise. Any and all reauthorizations shall be effective for so long
as such reauthorization is required by law.
2. New subsections I and J are added to Section 60, to read in their entirety
as follows:
(I) Except as expressly provided in this Section, the provisions
of Article VII (Public Works), Chapter 3 (Street Excavations) of the
Municipal Code, and all City administrative rules and regulations
developed pursuant to Article VII, Chapter 3 as now existing or as
hereafter amended, shall apply to all work performed by or on
behalf of a State video franchise holder in any right-of-way in the
City.
(J) (1) Prior to commencing any work for which a permit is
required by Article VII, Chapter 3 of the Municipal Code, a State
video franchise holder shall apply for and obtain a permit in
accordance with the provisions of Article VII, Chapter 3. A permit
application is complete when the State video franchise holder has
complied with all applicable laws and regulations, including but not
limited to all City administrative rules and regulations, and all
applicable requirements of Division 13 of the California Public
Resources Code, section 21000 , and following, (the California
Environmental Quality Act) and preparation of plans and
specifications as required by the Development Services Director or
his or her designee.
(2) The Director shall, in the exercise of reasonable
discretion as permitted by State law, either approve or deny a State
franchise holder's application for any permit required under Article
VII, Chapter 3 within sixty (60) days of receiving a complete permit
application from the state video franchise holder.
(3) If the Director denies a State video franchise holder's
application for a permit, the Director shall, at the time of notifying
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the applicant of denial, furnish to the applicant a detailed
explanation of the reason or reasons for the denial.
(4) Notwithstanding Section 7300.29 of the Municipal
Code, a State video franchise holder that has been denied a permit
by the Director may appeal to the City Council by filing a written
notice of appeal with the City no later than thirty (30) days from the
date of the Director's decision. All decisions of the Director shall be
final unless appealed to the City Council within the time period
prescribed. The written notice of appeal shall be signed by the
applicant, filed in duplicate with the City Clerk, shall have attached
a copy of the application as filed with the Director or his/her
designee, shall recite such other items as have been filed, and shall
state clearly and concisely the grounds upon which the appellant
relies in his appeal. The City Clerk shall forthwith transmit one copy
of the notice of appeal to the City Council, set the matter for a
hearing within thirty (30) days after the notice of appeal is filed and
shall notify the State video franchise holder and the Director or
his/her designee of the time and place of the hearing. At the
hearing, the State video franchise holder shall establish to the
reasonable satisfaction of the City Council that he is entitled to the
issuance of a permit pursuant to the provisions of Article VII,
Chapter 3 of the Municipal Code. The Director or his/her designee
may present his grounds for the denial of the permit. The decision
of the City Council shall be final.
(5) The issuance of a permit under Article VII, Chapter 3
of the Municipal Code is not a franchise, and does not grant any
vested rights in any location in the City right-of-way, or in any
particular manner of placement within the right-of-way. A permit to
place cabinets and similar appurtenances aboveground may be
revoked and the State video franchise holder required to place
facilities underground, upon reasonable notice to the State video
franchise holder.
SECTION 3. Ordinance No. 2276, as amended by this Ordinance, is hereby
reauthorized.
SECTION 4. CEQA. The City Council finds that this Ordinance is not a project
within the meaning of Section 15378 of the State of California Environmental Quality Act
("CEQA") Guidelines, because it has no potential for resulting in physical changes in the
environment, directly or indirectly. The City Council further finds, under Title 14 of the
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California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless
exempt from the requirements of CEQA in that the activity is covered by the general rule
that CEQA only applies to projects which have the potential to cause a significant effect
on the environment. Where it can be seen with certainty that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is
not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be
filed with the County Clerk of the County of Los Angeles in accordance with CEQA
Guidelines.
SECTION 5. Custodian of Records. The documents and materials which
constitute the record of proceedings on which this Ordinance is based are located at the
City Clerk's Office located at 240 West Huntington Drive, Arcadia, CA 91007. The
Custodian of these records is the City Clerk.
SECTION 6. Severability. If any section, sentence, clause, or phrase of this
ordinance or the application thereof to any entity, person, or circumstance is held for
any reason to be invalid or unconstitutional, such invalidity or unconstitutionality shall
not affect other provisions or applications of this Ordinance which can be given effect
without the invalid provision or application, and to this end the provisions of this
Ordinance are severable. The City Council of the City of Arcadia hereby declares that it
would have adopted this Ordinance and each section, sentence, clause, or phrase
thereof, irrespective of the fact that any one or more section, subsections, sentences,
clauses, or phrases be declared invalid or unconstitutional.
SECTION 7. Effective Date. This Ordinance shall become effective upon the
thirty-first (31st) day following its adoption by a majority vote of the City Council.
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SECTION 8. Publication. The City Clerk shall certify to the adoption of this
Ordinance and shall cause a copy of the same to be published in the official newspaper
of the City of Arcadia within fifteen (15) days after its adoption.
Passed, approved and adopted this 5th day of De ember , 2017.
f'.yor of the City of Arcadia
ATTEST:
.44- 1111(-
-- City lerk �1
APPROVED AS TO FORM:
Stephen P. Deitsch
City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF ARCADIA )
I, GENE GLASCO, City Clerk of the City of Arcadia, hereby certifies that the
foregoing Ordinance No. 2351 was passed and adopted by the City Council of the City of
Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said
Council held on the 5th day of December, 2017 and that said Ordinance was adopted by
the following vote, to wit:
AYES: Beck, Chandler, Verlato, Tay, and Amundson
NOES: None
ABSENT: None
ABSTAIN: None
City/Clerk 6f the City of Arcadia
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