2015-170 PEG Program ORDINANCE NO. 2015-170
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA, AMENDING SECTION 5.06.020 OF THE MENIFEE
MUNICIPAL CODE TO REQUIRE STATE VIDEO FRANCHISE HOLDERS
OPERATING WITHIN THE CITY'S BOUNDARIES TO PAY FEES TO
SUPPORT PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG)
CHANNEL FACILITIES PURSUANT TO THE DIGITAL
INFRASTRUCTURE AND VIDEO COMPETITION ACT OF 2006 (PUB.
UTIL. CODE § 5800 ET SEQ.)
THE CITY COUNCIL OF THE CITY OF MENIFEE DOES ORDAIN AS FOLLOWS:
Section 1. Title.
This Ordinance shall be known as the "PEG Fee Ordinance."
Section 2. State Law.
Under the Digital Infrastructure and Video Competition Act of 2006, Public Utilities Code
Section 5800 et seq. ("DIVCA"), the California Public Utilities Commission ("PUC") has the
authority to grant state video franchises ("State Franchises"). The City of Menifee (the "City") has
certain rights and responsibilities with respect to state video franchise holders operating within its
jurisdiction. These include the rights to receive a franchise fee and a fee to support Public,
Educational and Government ("PEG") channel facilities. Both fees are based on a percentage of
the gross revenues of state video franchise holders.
Section 2. Local Law.
Consistent with DIVCA, Section 5.06.020 of the Menifee Municipal Code requires state
video franchise holders operating within the City's boundaries to pay a franchise fee. The Menifee
Municipal Code does not currently require state video franchise holders to pay a fee to support
PEG channel facilities. By adopting this Ordinance, the City Council desires to amend Section
5.06.020 of the Menifee Municipal Code to require state video franchise holders to pay a fee to
support PEG channel facilities.
Section 3. Amendment to Section 5 06.020 of the Menifee Municipal Code.
Chapter 9.56 of the Menifee Municipal Code is hereby added to the Menifee Municipal
Code as set forth below. Deletions are shown by stoke-threuyh-text and as additions by bold
underlined text.
§ 5.06.020 STATE VIDEO FRANCHISE FEES AND FEES FOR SUPPORT OF PEG
CHANNEL FACILITIES.
(A) Franchise Fees. Each SVFH shall pay a fee to the city equal to five percent (5%)
of that SVFH's gGross rRevenue-as-defined4n-Gal:-P-ub pursuant
to Cal. Public Utilities Code § 5840(q)(1). Failure '. ,-c, i"e •ems a4`meir "
irGurfines tache-ci ee+r
(B) PEG Fees Each SVFH shall pay an additional fee to the city equal to one percent
0%) of that SVFH's Gross Revenue pursuant to Cal. Public Utilities Code S 5870(n),
Ordinance No. 2015-170
Establishing PEG Fees for State Video Franchise Holders
Approved as to form:
Je elching, City ney
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached
Ordinance No. 2015-170 to be the original ordinance adopted by the City Council of the City of
Menifee on June 3, 2015 and that said Ordinance was published in accordance with the law on a
vote as follow:
Date: .Tune 3, 9n1 s _
Kathy Bennett, City Clerk
Vote:
Ayes:August, Denver, Liesemeyer, Mann
Noes:None
Abstain: None
Absent: None
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Ordinance No. 2015-170
Establishing PEG Fees for State Video Franchise Holders
which fee shall be used by the city for PEG purposes consistent with state and
federal law.
(C) Gross Revenue, for the purposes of(A) and (B) above, shall have the definition
set forth in California Public Utilities Code S 5860.
(D) The fees shall be remitted to the city on a quarterly basis within 45 days after
the end of each quarter for that calendar year. Each payment shall be accompanied
by a detailed summary explaining the basis for the fees. Failure to pay either fee in
a timely manner will result in fines payable to the city, as set out in the DIVCA.
LELThe franchise fees set forth in subdivision (A) above shall be payable as of 10-1-
2008, the date of the city's incorporation. The PEG fees set forth in (B) above shall be
Payable as of XX-XX-2015, the effective date of the PEG Fee Ordinance (Ordinance
No. 2015-XXX).
Section 4. Compliance with Notice Requirements.
All applicable notice requirements have been satisfied.
Section 5. Effective Date.
This Ordinance shall be in full force and effect thirty (30) days after its adoption.
Section 6. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance or the
application thereof to any person or circumstance is, for any reason, held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The City Council declares that it
would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or
portion thereof, irrespective of the fact that any one or more section, subsection, sentence, clause,
phrase or portion thereof be declared invalid or unconstitutional.
Section 7. City Clerk Action.
The City Clerk of the City of Menifee is authorized and directed to cause this Ordinance
to be published within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to cause this
Ordinance to be published in the manner required by law using the alternative summary and
posting procedure authorized under Government Code Section 36933(c).
This Ordinance was introduced and read on the 'h day of May, 2015 and PASSED,
APPROVED AND ADOPTED THIS 31 day of June, 2
Scott A. Mann, Mayor
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