APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION (1) APPROPRIATING APPROXIMATELY $2.4 MILLION (A 5-YEAR ESTIMATED TOTAL) IN PUBLIC EDUCATION
GOVERNMENT (PEG) FEE FUNDS FOR FY 2023-2024 THROUGH THE END OF FY 2027-2028 FOR THE CAPITAL EXPENSES OF PUBLIC,
EDUCATION AND GOVERNMENT (PEG) CABLE TELEVISION
CHANNELS OPERATING IN THE CITY OF OAKLAND; (2)
AUTHORIZING APPORTIONMENT OF EQUAL SHARES OF THE PEG
FUNDS TO OAKLAND (KTOP), THE OAKLAND UNIFIED SCHOOL
DISTRICT (KDOL), AND THE PERALTA COMMUNITY COLLEGE
DISTRICT (PERALTATV) FOR THEIR PEG CHANNEL CABLE AND
VIDEO TELEVISION FACILITIES, SUBJECT TO EQUAL
REAPPORTIONMENT IN FISCAL YEARS WHEN THERE ARE MORE
OR FEWER PEG CHANNELS OPERATING IN OAKLAND; AND (3)
AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE OR
AMEND MEMORANDA OF UNDERSTANDING TO EFFECTUATE THE
DISTRIBUTION OF SAID FUNDS
WHEREAS, the City’s Cable and Video Franchise Holders (currently Comcast and AT&T), are required to pay to the City, on a quarterly basis, 1% of their gross revenue to be used for the capital expenses (PEG Funds) for Public, Education and Government (PEG) cable and video television facilities, such as those operated by the City through KTOP, by the Oakland Unified School District (KDOL) and the Peralta Community College District (PeraltaTV), collectively referred to as the “PEG Channel Operators”, pursuant to the pursuant to the City’s Local Cable Franchise (“Local Franchise”), State Video Service Franchises (“SVSF”) and State Video Franchise Agreement (“DIVCA”); and
WHEREAS, the PEG Fund capital support contribution made by Comcast and AT&T is 1% of their gross revenues, approximately $480,000.00 annually, sometimes less and sometimes more depending on revenues of the video franchise operators; and WHEREAS, the city is required to distribute PEG Funds among the PEG Channel Operators, including KTOP, KDOL and PCTV, under the City’s Cable Franchise, SVSF, and DIVCA; and
2 WHEREAS, through Resolution No. 87414 C.M.S. on November 1, 2018, the Council authorized apportionment in equal shares of the PEG funds to the PEG channels operated by the City of Oakland (KTOP), the Oakland Unified School District (KDOL) and the Peralta Community College District (PCTV), in the amount of $260,000 each per year for Fiscal Years 2018-2019 through 2022-2023; and
WHEREAS, staff projects that the City will receive approximately $480,000 in PEG Fee revenues each year for Fiscal Years 2023-2024 through 2027-2028, and recommends that said revenue be divided equally between the three PEG channels currently operating within Oakland (KTOP, KDOL, and PeraltaTV); and
WHEREAS, staff also seeks authorization for apportionment and appropriation of PEG Funds for Fiscal Years 2023-2024 through 2027-2028, to a Public, Education and Government fiscal account to fund capital improvements of all current and then existing PEG Channel operators: KTOP, KDOL and PeraltaTV of one-third (1/3) each, (approximately $160,000.00 per year to each said PEG Channel); and
WHEREAS, the City wishes to enter into or amend any MOU with Oakland Unified School District and Peralta Community College District to memorialize the PEG Funds apportionment, use of the funds, and City’s administrative functions with the PEG Funds as resolved below; and
WHEREAS, the Office of the Oakland City Clerk will be the lead Agency in coordinating the MOUs with and distribution of funds to PEG Channels operating in the City of Oakland, and will administer all PEG Funds for the PEG Channels; and
WHEREAS, the term of the MOU will commence when the City, Oakland Unified School District, and Peralta Community College District execute the MOU and will continue to June 30, 2028; now, therefore be it
RESOLVED, that the City Council authorizes the appropriation, as specified below, of PEG Funds to Public, Educational and Government fiscal fund 2999, Account 41613, Project 1000447 (formerly P350210) (KTOP); Fund 2999, Account 24213, Project 1000444 (formerly G383410) (KDOL); and Fund 2999, Account 24213, Project 1000443 (formerly G383510) (PeraltaTV) to be used for capital expenses of all current PEG Channel Operators; and be it
FURTHER RESOLVED, that for fiscal years 2023-2024 through 2027-2028 all PEG Funds received for those Fiscal Years shall be appropriated and apportioned equally between the PEG Channels operating in Oakland each Fiscal Year (currently: KTOP, KDOL and PeraltaTV (approximately $160,000.00 each per year), subject to equal reapportionment in Fiscal Years when there are fewer or more PEG Channels operating in Oakland and when totals are adjusted for trued up totals from the previous fiscal year; and be it
FURTHER RESOLVED, that the City Administrator, or her designee, is authorized to execute or amend Memoranda of Understanding (MOU) with all participating PEG Channel Operators to memorialize the PEG Fund apportionment, and terms and conditions of the PEG Fund payments consistent with this Resolution; and be it 3 FURTHER RESOLVED, that the City Attorney will review the agreements authorized hereunder for form and legality and a copy shall be kept on file with the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA, PASSED BY THE FOLLOWING VOTE: AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND PRESIDENT FORTUNATO BAS NOES – ABSENT – ABSTENTION –
ATTEST: ASHA REED City Clerk and Clerk of the Council of the City of Oakland, California 3275959v1 / SW