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Ordinance No. 325 ORDINANCE NO. 325 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, REAUTHORIZING THE VIDEO PUBLIC, EDUCATIONAL, AND GOVERNMENTAL FEE ON STATE VIDEO FRANCHISEES OPERATING WITHIN THE CITY OF CHINO HILLS WHEREAS, Section 5870(n) of the California Public Utilities Code ("Section 5870(n)") was enacted as part of the Digital Infrastructure and Video Competition Act of 2006 and authorized the City of Chino Hills ("City") to adopt an ordinance establishing a fee on state-franchised video service providers to support public, educational, and governmental ("PEG") channel facilities; and WHEREAS, on August 25, 2009, the City adopted Ordinance No. 227, establishing a one percent (1%) fee for the support of PEG channel facilities and activities within the City ("PEG Fee"), which is codified in Chapter 5.52.810 of the Chino Hills Municipal Code; and WHEREAS, Ordinance No. 227 has never been repealed and did not include any expiration date, but was intended to apply to and regulate all current and future franchisees, through 2018 and beyond; and WHEREAS, Section 5870(n) of the California Public Utilities Code states that such ordinance shall expire, and may be reauthorized, upon the expiration of the state franchise, and therefore it could be argued that the City's ordinance has lapsed; and WHEREAS, Pacific Telephone Company d/b/a SBC Pacific Telephone Company d/b/a AT&T California operates within the City under a state video franchise that was first approved on March 30, 2007 and was renewed as of the same date of March 30, 2017 ("AT&T Franchise"); and WHEREAS, Time Warner Cable LLC d/b/a Time Warner Cable, now known as Spectrum, operates within the City under a state video franchise that was first approved on January 2, 2008 and was renewed as of the same _date of January 2, 2018 ("Spectrum Franchise"); and WHEREAS, the City Council desires to expressly reauthorize the PEG Fee as codified in Chapter 5.52.810 of the Chino Hills Municipal Code, which fee shall remain unchanged and inull effect as to all state-franchised video service providers operating within the City, including but not limited to, the AT&T Franchise and the Spectrum Franchise, and to further provide for automatic reauthorization of the PEG Fee upon the expiration of future video franchises held by state-franchised video service providers operating within the City. 1 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Reauthorization. The City's PEG Fee imposed in Chapter 5.52.810 of the Chino Hills Municipal Code is reauthorized to the extent required by California Public Utilities Code section 5870(n). All state-franchised video service providers operating within the City, including but not limited to those operating pursuant to the AT&T Franchise and the Spectrum Franchise, shall continue to be subject to the PEG Fee required by Chapter 5.52.810 of the Chino Hills Municipal Code and shall remain unchanged and in full effect as to all state-franchised video service providers operating within the City. SECTION 2. Automatic Reauthorization. Commencing from, and after, the effective date of this Ordinance, the City's PEG Fee imposed in Chapter 5.52.810 of the Chino Hills Municipal Code shall continue to apply to any new or existing franchisee operating in the City and shall automatically be reauthorized upon the expiration of any existing or future state video franchise(s) held by any state-franchised video service provider operating within the City. This Ordinance shall so renew until such time that the City Council takes formal affirmative action to cease the renewals. SECTION 3. Compliance with CEQA. Adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") under CEQA Guidelines section 15061(b)(3) because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. . SECTION 4. Inconsistencies. Any provision of the Chino Hills Municipal Code or • appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance 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 of the City of Chino Hills hereby 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 sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. SECTION 6.The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills'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. 2 of 4 SECTION 7. This Ordinance shall take effect on the 30th day following its final passage and adoption. PASSED, APPROVED, AND ADOPTED this 27th day of March, 2018. PETER J. F� RS, t 4 OR ATTEST: 4� Ier:41111P0411111b:6-74 I CHERYL BALZ, C-It- LEAK APPROVED AS TO FORM: MARK HENSLEY, CITY ATTORNEY 1 3 of 4 STATE OF CALIFORNIA ) f COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS ) I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 325 was duly introduced at a regular meeting held March 13, 2018; and adopted at a rp_ ular meeting of the City Council held on the 27th day of March, 2018, by the following vote, to wit: AYES: COUNCIL MEMBERS: ROGERS, MORAN, BENNETT, JOHSZ, MARQUEZ NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE CHERYL BALZ, 6-FT''' CLERK I hereby certify that the foregoing is the original of Ordinance No. 325 duly passed and adopted by the Chino Hills City Council at their regular meeting held on March 27, 2018, and that summaries of the Ordinance were published on March 17, 2018 and March 31, 2018 in the Chino Hills Champion newspaper. CHERYL BALZ, OIP(CLERK 4 of 4 i`. City of Chino Hills CITY OF CHINO HILLS AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) §. CITY OF CHINO HILLS ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of a proposed Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, REAUTHORIZING THE VIDEO PUBLIC, EDUCATIONAL, AND GOVERNMENTAL FEE ON STATE VIDEO FRANCHISES OPERATING WITHIN THE CITY OF CHINO HILLS attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 28th of March, 2018. 7' CHERYL BALZ-1TY CL'RK PROOF OF PUBLICATION This space is for the County Clerk's Filing Stamp STATE OF CALIFORNIA County of San Bernardino I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, printed and published weekly in the City of Chino, County of San PUBLIC NOTICE OF ADOPTION OF Bernardino, and which newspaper has been adjudged a CITY OF CHINO HILLS ORDINANCE NO.325 newspaper of general circulation by the Superior Court of the NOTICE IS HEREBY GIVEN that on March 27, 2018, the City County of San Bernardino, State of California, under the date Council of the City of Chino Hills adopted Ordinance No. 325 of August 5, 1952, Case Number 73453; that the notice, of entitled: ANwhich the annexed is aprinted copy (set in type not smaller COUNCIL ORDINANCEF OF THE CITY Yp OF THE CITY OF CHINO than nonpareil), has beenpublished in each regular and HILLS,CALIFORNIA,REAUTHORIZING g THE VIDEO PUBLIC, EDUCATIONAL, AND ON STATE entire issue of said newspaper and not in any supplement VIDEOOVERNMENTAL FRANCHISEES FEE OPERATING WITHIN THE CITY OF CHINO HILLS thereof on the following dates, to-wit: This Ordinance reauthorizes the City's Public,Educational,And Governmental Fee On State Video Franchisees March 31, all in the year 2018 ("PEG Fee') imposed in Chapter 5.52.810 of the Chino Hills Municipal Code to the extent required by I certify (or declare) under penalty of perjury that the California Public Utilities Code section 5870(n).It requires all state-franchised foregoing is true and correct. video service providers operating within the City, including, but not Dated at Chino, California, this 31st dayof limited to, those operating pursuant to the AT&T Franchise and the Spectrum Franchise,to continue to be.subject to March 2018;-\ the PEG Fee. Further, the PEG Fee shall continue to apply to any new or existing franchisee operating in the City and shall automatically be reauthorized upon the expiration of any existing or ,, future state video franchise(s) held r by any state-franchised video service J I (Signature) '"'"y provider operating within the City. This Ordinance shall so renew until such time that the City Council takes Suzanne Rojas APR 0 2018 formal affirmative action to cease the renewals. Ordinance No. 325 was adopted ACCOUNTS P by the City Council by the following N.!!V B P i/cY DBLE vote: Ayes: Rogers,Moran, Bennett, Champion Ihsz,Marquez Noes: None Absent: None Abstain: None Servingthe Chino Valleyand Chino Hills A certified copy of the full text of Ordinance No. 325 is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center 9th & D Streets • P.O. Box 607 Drive,Chino Hills. DATED: March 28,2018 Chino, California 91708 PUBLISH: Chino Hills Champion March 31,2018 254-18 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453