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City of San Leandro Meeting Date: March 20, 2017 Urgency Ordinance Agenda Section:File Number:17-133 ACTION ITEMS Agenda Number: TO:City Council FROM:Chris Zapata City Manager BY: FINANCE REVIEW:Not Applicable TITLE:Urgency ORDINANCE to Reauthorize the City’s Public, Educational and Government Fee as Provided in Section 5-7-115 of the San Leandro Municipal Code WHEREAS, the City Council previously adopted Section 5-7-115 of the San Leandro Municipal Code (“SLMC”), which imposes a public, educational, and governmental (“PEG”) fee on state cable franchisees operating within the City as authorized in the Digital Infrastructure and Video Competition Act of 2006; and WHEREAS, Section 5870(n) of the California Public Utilities Code states that a PEG fee ordinance must be reauthorized upon expiration of an applicable state franchise; and WHEREAS, SLMC Section 5-7-115(c) provides that, notwithstanding Section 5870(n) of the California Public Utilities Code, upon the expiration of any state franchise, the City’s PEG fee is automatically reauthorized unless the franchise holder has given the City 60-days’ written notice prior to the expiration of its state franchise that the City’s fee authorization will expire; and WHEREAS, AT&T, Inc. operates within the City under a state franchise that expires on March 30, 2017; and WHEREAS, the City received no timely written notice from AT&T, Inc. of the expiration of its state franchise pursuant to SLMC Section 5-7-115(c); and WHEREAS, therefore, pursuant to the provisions of Section 5-7-115(c), the City’s PEG fee is automatically reauthorized with regard to AT&T, Inc.; and WHEREAS, notwithstanding the automatic reauthorization of the City’s PEG fee as described above, the City Council wishes to adopt an ordinance expressly declaring that the City’s PEG fee is reauthorized. Page 1 City of San Leandro Printed on 3/13/2017 186