HomeMy WebLinkAboutORD 01 (2008)ORDINANCE NO. tai j2pos a
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING VIDEO FRANCHISE FEES, PEG FEES, PENALTIES AND OTHER
RELATED MATTERS FOR STATE VIDEO FRANCHISE AGREEMENTS AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE
The City Council of the City of Diamond Bar does ordain as follows:
SECTION 1: Section 13.12.020 "Definitions" of the Diamond Bar Municipal Code is amended by
adding thereto the definition of "State Franchisee" in alphabetical order to read as follows:
"State Franchisee" means any holder of a State -issued video franchise operating in the City, as
defined in Public Utilities Code section 5830(p).
SECTION 2: A new Division 7 entitled "State Video Franchisees" commencing with section
13.12.1900 is hereby added to Title 13, Chapter 13.12 of the Diamond Bar Municipal Code to read as
follows::
"DIVISION 7. STATE VIDEO FRANCHISEES
13.12.1900. PEG Fee Established. In accord with Public Utilities Code section 5870(n), any Grantee
of a Franchise, or State Franchisee, must pay to the City a fee for the support of PEG channel
facilities.
(a) The amount of the PEG Fee established by this section is one percent (1 %) of Gross
Revenues, as defined in this Code, the applicable City -issued franchise, or Public
Utilities Code section 5860(d).
13.12.1910. F=ranchise Fee Established. For any State Franchisee, the amount of the franchise fee
imposed by Public Utilities Code section 5840(q) shall be five percent (5%) of Gross Revenues, as
defined in Public Utilities Code section 5860(d).
(a) In accord with Public Utilities Code section 5860(a), the City Manager will prepare and
provide to State Franchisees all necessary documentation supporting the percentage
franchise fee paid by the incumbent cable operator serving the City.
13.12.1920. Notices from State Franchisees. Any notice a State Franchisee is required to deliver to
the City by 5840(m) must be delivered to the City Manager.
13.12.1930. Nothing in this Chapter is intended to limit or restrict in any way the imposition of any
existing or future generally applicable, nondiscriminatory, competitively neutral tax, fee, or charge to a
State Franchisee, City franchisee or the services the franchisees provide.
13.12.1940. Customer Service Provisions for State Franchisees
(a) All State Franchisees must comply with all applicable State and Federal laws and
regulations regarding customer service and customer protection.
(b) The City Manager may review the performance of State Franchisees for compliance
with the customer service requirements specified in Public Utilities Code section 5900
(the "Customer Service Standards").
(c) If the City believes a material breach of the Customer Service Standards has occurred,
the City Manager must give the State Franchisee written notice of any alleged material
breach(es). The State Franchisee must remedy the specified material breach(es) no
later than thirty (30) days from receipt of the notice.
(d) If the State Franchisee fails to remedy the specified material breach(es) within 30 days,
the City Manager may impose monetary penalties on the following schedule:
a. Up to five hundred dollars ($500) for each day of each material breach, not to
exceed one thousand five hundred dollars ($1,500) for each occurrence of a material
breach.
b. For a second material breach of the same nature within 12 months, up to one
thousand dollars ($1,000) for each day of each material breach, not to exceed three
thousand dollars ($3,000) for each occurrence of the material breach.
c. For a third or further material breach of the same nature within 12 months, up to one
thousand dollars ($1,000) for each day of each material breach, not to exceed three
thousand dollars ($3,000) for each occurrence of the material breach.
(e) Any monetary penalty imposed under this section may be appealed by the State
Franchisee to the City Council. Appeals must be received in writing by the City Clerk
within sixty (60) days of imposition of the penalty. The State Franchisee may present
any relevant written or oral evidence of its choice. The City Council may uphold or
reverse, in whole or in part, the imposition of the monetary penalties.
13.12.1950. The City Manager shall ensure PEG transmissions, content, and programming provided
by the City to a State Franchisee is in a format compatible with the State Franchisee's system. In the
alternative, the transmissions, content, and programming may be provided in a industry standard
format, in accord with Public Utilities Code section 5870(g)(1).
13.12.1960. For the duration of any City -issued franchise, if that Franchisee has existing unsatisfied
obligations under the franchise to pay to the City any cash payments for the ongoing costs of public,
educational, and government access channel facilities or institutional networks,. The fee payable by
each City and State Franchisee shall be the Franchisee's pro rata per subscriber share of the cash
payment required to be paid by the City franchisee to the City for the costs of PEG channel facilities.
(a) Within 45 days of receipt of the notice required by Public Utilities Code section
5840(n), each City and State Franchisee must provide to the City Manager a written
statement of the number of its subscribers within the Franchisee's service area in
the City.
(b) Within 45 days of receipt all Franchisee subscriber number statements, the City
Manager must calculate the division of the cash payments among all City and State
Franchisees, and provide written notice to each Franchisee of the Franchisee's
share of the cash payment. This amount may expressed as a percentage of gross
revenue or as an amount per subscriber, per month, or otherwise.
13.12.1970. Interconnection. To properly serve the City's interest in PEG programming, each State
Franchisee and City Franchisee must comply with the PEG system interconnection requirements of
Public Utility Code section 5870. The City Manager, or his or her designee, may make any
interconnection determinations of the City under Public Utility Code section 5870, including requiring
interconnection where the City Franchisee and State Franchisee fail to reach a mutually acceptable
interconnection agreement."
SECTION 3: Repeal or amendment of any provision of the Diamond Bar Municipal Code herein will
not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of
penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part
will remain in full force and effect for sustaining action or prosecuting violations occurring before the
effective date of this Ordinance.
SECTION 4: :,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.
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 Diamond Bar's book of original ordinances; make a note of the passage
and adoption in the records of this meeting; and, within fifteen (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 (31 st) day following its passage
and adoption.
PASSED, APPROVED AND ADOPTED this 1 ch day of Fe-I)rue,ry 2008.
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of
Diamond Bar held on the 5th day of February, 2008 and finally passed at a regular meeting of the
City Council of the City of Diamond Bar held on the day of Ff hry,-dry 2008, by
the following vote:
AYES: COUNCIL MEMBERS: Chitrig, F.errera, Tye, xp—i°/Everett, L/TanakL
NOES: COUNCIL MEMBERS: iione
ABSENT: COUNCIL MEMBERS: iione
ABSTAINED: COUNCIL MEMBERS: sone
Tommy Cribbins, City Clerk
City of Diamond Bar