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PN-City Council - Urgency Ordinance 324u - Entire Ordinance - PEG Fees PUBLIC NOTICE OF ADOPTION OF CITY OF CHINO HILLS URGENCY ORDINANCE NO.324u NOTICE IS HEREBY GIVEN that on March 13, 2018, the City Council of the City of Chino Hills adopted Urgency Ordinance No.324u entitled: AN URGENCY 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which is codified in Chapter 5.52.810 of the Chino Hills Municipal Code;and WHEREAS, Ordinance No. 227 has never been repealed and did not include any expiration date, but was intended to apply to and regulate all current and future franchisees,through 2018 and beyond;and WHEREAS,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 in full 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. Uraencv Findinos. The City Council finds and declares as follows: The adoption of this Urgency Ordinance is necessary for the immediate preservation of the public peace, health, and safety. Currently, the City depends upon the PEG Fee and the Franchise Fee to support PEG access channel facilities, which are essential to providing City residents with important civic programming, including emergency alerts and community and government news. The City was only recently made aware that the Spectrum PEG Fees should be reauthorized pursuant to Public Utilities Code section 5870(n). So in an abundance of caution the City's PEG Fees must be reauthorized immediately, so as to avoid any argument that the City could lose funding for its PEG programming facilities. Any loss of funding would jeopardize a trustworthy, reliable, and immediate means by which the City communicates with its residents.Any lapse in funding may also lead to confusion among state video franchisees operating within the City regarding the payment of the PEG Fee, leading the City to incur additional costs to recover any overdue fees. Therefore, the City Council finds and determines that the immediate preservation of the public peace, health and safety requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937(b) and take effect immediately upon adoption. If this Ordinance does not become effective immediately, but instead becomes effective thirty (30) days after its second reading,funding for City PEG facilities could lapse, causing residents who rely on PEG channels for emergency broadcasts and news updates to lose a vital source of City information. Based on the foregoing, the City Council declares this Ordinance is necessary for the immediate preservation of the public peace, health and safety. SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 7. Effective Date. This Ordinance shall become effective immediately. SECTION 8. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law. INTRODUCED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Chino Hills, California this 13th day of March,2018. Urgency Ordinance No. 324u was adopted by the City Council by the following vote: Ayes: Rogers, Moran, Johsz, Marquez Noes: None Absent: Bennett Abstain: None A certified copy of the full text of the Ordinance is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive,Chino Hills. DATED: March 14,2018 s/CHERYL BALZ,CITY CLERK PUBLISH: Chino Hills Champion March 17,2018 1 PUBLIC NOTICE OF ADOPTION OF SECTION 5. Inconsistencies. CITY OF CHINO HILLS Any provision of the Chino Hills URGENCY ORDINANCE NO.324u Municipal Code or appendices thereto inconsistent with the provisions PROOF OF PUBLICATION NOTICE IS HEREBY GIVEN that of this Ordinance, to the extent of on March 13,2018,the City Council of such inconsistencies and no further, the City of Chino Hills adopted Urgency is hereby repealed or modified to Ordinance No.324u entitled: that extent necessary to effect the ance. STATE OF CALIFORNIA AN URGENCYFTHECANCEOFTHE provisions of this N6OrSevera CITYCOUNCILOFTHECITYOFCHINO SECTION 6. Severability. If HILLS,CALIFORNIA,REAUTHORIZING any section, subsection, sentence, County of San Bernardino THE VIDEO PUBLIC, EDUCATIONAL, clause, phrase or portion of this AND GOVERNMENTAL FEE ON STATE Ordinance is for any reason held to VIDEO FRANCHISEES OPERATING be invalid or unconstitutional by the I am a citizen of the United States and a resident of the WITHIN THE CITY•OF CHINO HILLS decision of any court of competent WHEREAS, Section 5870(n) of jurisdiction, such decision shall not County aforesaid; I am over the age of eighteen years, and the California Public Utilities Code affect the validity of the remaining ("Section 5870(n)") was enacted portions of this Ordinance. The City not a party to or interested in the above entitled matter. I as part of the Digital Infrastructure Council of the City of Chino Hills hereby and Video Competition Act of 2006 declares that it would have adopted am the principal clerk of the publisher of the CHINO I and authorized the City of Chino this Ordinance and each section, Hills ("City") to adopt an ordinance subsection, sentence, clause, phrase, CHAMPION, a newspaper of general circulation, printed and establishing a fee on state-franchised or portion thereof, irrespective of the video service providers to support fact that any one or more sections, published weekly in the City of Chino, County of San public, educational,and governmental subsections, sentences, clauses, ("PEG")channel facilities;and phrases or portions be declared invalid Bernardino, and which newspaper has been adjudged a WHEREAS, on August 25,2009, or unconstitutional. the City adopted Ordinance No. 227, SECTION 7. Effective Date. newspaper of general circulation by the Superior Court of the establishing a one percent(1%)fee for This Ordinance shall become effective the support of PEG channel facilities immediately. County of San Bernardino, State of California, under the date and activities within the City ("PEG SECTION 8. Certification. The of August 5, 1952, Case Number 73453; that the notice, of Fee"),.5 . which is n i in Cunapter City Clerk shall thifys to the passage 5.52.810 of the Chino Hills Municipal and adoption of this Ordinance and which the annexed is aprinted copy (set in type not smaller Code;and shallrpostedcausein the same nto ber publishededb Yp WHEREAS, Ordinance No. 227 or the manner required by than nonpareil), has beenpublished in each regular and has never been repealed and did not law. g include any expiration date, but was INTRODUCED, APPROVED intended to apply to and regulate all AND ADOPTED at a regular meeting entire issue of said newspaper and not in any supplement current and future franchisees,through of the City Council of the City of Chino thereof on the following dates, to-wit: 2018 and beyond;and Hills,California this 13th day of March, WHEREAS, Section 5870(n) of 2018. the California Public Utilities Code Urgency Ordinance No.324u was March 17, all in the year 2018 states that such ordinance shall adopted by the City Council by the expire,and may be reauthorized,upon following vote: the expiration of the state franchise, Ayes: Rogers,Moran,Johsz, Marquez I certify (or declare) under penaltyof perjury that the and City's fore ordinancet could has lapsed;be arguedthat None p J Y the City's and Noes: None foregoing is true and correct. WHEREAS, Pacific Telephone Absent: Bennett Company d/b/a SBC Pacific Telephone Abstain: None Company d/b/a AT&T California A certified copy of the full text of Dated at Chino, California, this 17th day of operates within the City under a state the Ordinance is available for review video franchise that was first approved in the office of the City Clerk, City of on March 30, 2007 and was renewed Chino Hills, 14000 City Center Drive, March 2018 r as of the same date of March 30,2017 Chino Hills. ("AT&T Franchise");and DATED: March 14,2018 WHEREAS, Time Warner Cable s/CHERYL BALZ,CITY CLERK LLC d/b/a Time Warner Cable, now PUBLISH: Chino Hills Champion known as Spectrum, operates within March 17,2018 210-18 tc''' , ..� _ the City under a state video franchise that was first approved on January 2, `-� 2008 and was renewed as of the same MAR 21201� date of January 2, 2018 ("Spectrum se");and Suzanne Rojas (\, sinature) Fran 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 in full effect as to C h a m p i o n all state-franchised video service providers operating within the City, including but not limited to, the AT&T Franchise and the Spectrum Servingthe Chino Valleyand Chino Hills Franchise, and to further provide for automatic reauthorization of the PEG Fee upon the expiration of future video franchises held by state-franchised 9th & D Streets • P.O. Box 607 video service providers operating within the City. Chino, California 91708 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES ORDAIN AS FOLLOWS: Phone: (909) 628-5501 SECTION 1. Urgency Findings. The City Council finds and declares as follows: The adoption of this Urgency Adjudicated August 5, 1952 Ordinance is necessary for the immediate preservation of the public Case No. 73453 peace, health, and safety. Currently, the City depends upon the PEG Fee and the Franchise Fee to support PEG access channel facilities, which are essential to providing City residents with important civic programming, . including emergency alerts and community and government news. �, aware mat the spectrum PEG Fees should be reauthorized pursuant to Public Utilities Code section 5870(n). So in an abundance of caution the City's PEG Fees must be reauthorized immediately, so as to avoid any argument that the City could lose funding for its PEG programming facilities. Any loss of funding would jeopardize a trustworthy, reliable, and immediate means by which the City communicates with its residents. Any lapse in funding may also lead to confusion among state video franchisees operating within the City regarding the payment of the PEG Fee,leading the City to incur additional costs to recover any overdue fees. Therefore, the City Council finds and determines that the immediate preservation of the public peace,health and safety requires that this Ordinance be enacted as an urgency ordinance pursuant to Government Code section 36937(b) and take effect immediately upon adoption. If this Ordinance does not become effective immediately, but instead becomes effective thirty (30) days after its second reading, funding for City PEG facilities could lapse, causing residents who rely on PEG ' channels for emergency broadcasts and news updates to lose a vital source of City information. Based on the foregoing, the City Council declares this Ordinance is necessary for the immediate preservation of the public peace,health and safety. SECTION 2. 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 Free 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. SECTION3. Automatic Reauthorization. Commencing from, and after, the effective date of this Ordinance, the City's PEG Fee im- posed in Chapter 5.52.810 of the Chino Hills Municipal Code shall con- tinue 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 renew- als. SECTION 4. 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. Continued Next Column