ORDINANCE 1548 ORDINANCE NO. 1548
AN ORDINANCE REAUTHORIZING ORDINANCE NO. 1418 AND
THE CITY'S PUBLIC, EDUCATIONAL AND GOVERNMENTAL
ACCESS SUPPORT FEE
The City Council of the City of El Segundo does ordain as follows:
SECTION 1: The City Council finds and declares as follows:
A. Public Utilities Code §5870(n), which was enacted as part of the Digital
Infrastructure and Video Competition Act of 2006, 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 (commonly referred to as "PEG fee");
B. On April 1, 2008, the City adopted Ordinance No, 1418 establishing its
PEG fee, which is codified in El Segundo Municipal Code § 9-6-27; the fee
is two percent (2%) of gross revenues and is used for capital expenses
associated with PEG access facilities;
C. By operation of state law, the ordinance expires upon the expiration of a
state franchise; but the law also allows the ordinance to be reauthorized
by the City;
D. Pacific Bell Telephone Company dba SBC Pacific Bell Telephone
Company dba AT&T California received a state video franchise (Franchise
No. 0002) to operate within the City on March 30, 2007. The franchise will
expire on March 30, 2017;
E, The City Council desires to reauthorize Ordinance No. 1418 and the PEG
fee as permitted by state law to ensure that the City can continue to collect
the PEG fee.
SECTION 2: Reauthorization. The City Council hereby reauthorizes Ordinance No.
1418 and the fee it established on state-franchised video service providers to support
public, educational and governmental channel facilities codified. The fee is codified in El
Segundo Municipal Code § 9-6-27 and shall remain unchanged and in full effect as to
all state-franchised video service providers.
SECTION 3: If this entire ordinance or its application is deemed invalid by a court of
competent jurisdiction, any repeal or amendment of the ESMC or other city ordinance
by this ordinance will be rendered void and cause such previous ESMC provision or
other the city ordinance to remain in full force and effect for all purposes.
SECTION : If any part of this ordinance or its application is deemed invalid by a court
of competent jurisdiction, the City Council intends that such invalidity will not affect the
effectiveness of the remaining provisions or applications and, to this end, the provisions
of this ordinance are severable.
ORDINANCE No. 1548
Page 2of2
SECTION 5: The City Clerk is directed to certify the passage and adoption of this
ordinance; cause it to be entered into the City of El Segundo's book of original
ordinances; make a note of the passage and adoption in the records of this meeting;
and, within 15 days after the passage and adoption of this ordinance, cause it to be
published or posted in accordance with California law.
SECTION 6: This Ordinance will become effective on the thirty-first day following its
passage and adoption.
PASSED, APPROVED, AND ADOPTED ORDINANCE No. 1548 this 7th day of March,
2017.
iuzaIe Fuentes, Mayor
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Tracy Weaver, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Ordinance No. 1548 was duly introduced by said City Council at a regular meeting held
on the 21St day of February, 2017, and was duly passed and adopted by said City
Council, approved and signed by the Mayor, and attested to by the City Clerk, all at a
regular meeting of said Council held on the 7th day of March, 2017, and the same was
so passed and adopted by the following vote:
AYES: Mayor Fuentes, Mayor Pro Tern Boyles, Council Member Brann, Council
Member Dugan, and Council Member Pirsztuk
NOES: None
ABSENT: None
ABSTAIN: None
Tracy We r,,,,,City C,Mrk p
APPROVED AS TO FORM:
Mark D. Hensley, ity, ttorney