Ordinance No. 1163ORDINANCE NO. 1163
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA REAUTHORIZING THE PUBLIC, EDUCATIONAL, OR
GOVERNMENTAL ACCESS CHANNEL FEE
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as
part of the as the Digital Infrastructure and Video Competition Act of 2006, authorized
the City of Cypress ( "City ") to adopt an ordinance establishing a fee on state - franchised
video service providers to support public, educational, and governmental access
channel facilities; and
WHEREAS, on June 11, 2007, the City Council adopted Ordinance Number
1091, the "Regulation of State Video Franchises and City Video Franchises," to
establish such a fee; and
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an
ordinance shall expire, and may be reauthorized, upon the expiration of a state
franchise; and
WHEREAS, California Video Franchise Certificate Franchise No. 0002 granted to
Pacific Bell Telephone Co. d /b /a AT &T California, which franchise includes the City of
Cypress, will expire on March 30, 2017. In addition, other state - issued Video Franchise
Certificate Franchises within the City's jurisdiction will expire in coming years, each of
which expirations will trigger the need for renewal of Ordinance Number 1091. This
uncodified Ordinance is intended to establish an evergreen renewal of Ordinance
Number 1091 until such time that the City Council takes action to cease such
reauthorizations; and
WHEREAS, Government Code Sections 36934 and 36937 expressly authorize
the City Council to adopt an urgency ordinance for the immediate preservation of the
public peace, health or safety; and
WHEREAS, this uncodified ordinance will reauthorize the fee charged by the City
to telecommunication companies to support public, educational and government
channel facilities.
NOW, THEREFORE, the CITY COUNCIL of the CITY OF CYPRESS does
hereby ordain as follows:
SECTION 1. The above recitals are true and correct and incorporated fully
herein.
SECTION 2. The City of Cypress hereby reauthorizes the fee on state -
franchised video service providers to support public, educational, and governmental
(PEG) channel facilities adopted in Ordinance Number 1091. The fee shall remain
unchanged and in full effect as to all state - franchised video service providers.
SECTION 3. Commencing from, and after, the effective date of this Ordinance,
the City's PEG fee in Ordinance Number 1091 shall automatically be reauthorized upon
the expiration of any existing or future Video Franchise Certificate Franchise(s) held by
any state - franchised video service provider operating within the City. The Ordinance
shall so renew upon the future expiration of Video Franchise Certificate Franchise(s)
until such time that the City Council takes formal affirmative action to cease the
renewals (which action may be taken at any time and without notice, except as required
by the Ralph M. Brown Act, California Government Code 54950 et seq.).
SECTION 4. Adoption of this uncodified Ordinance is exempt from the California
Environmental Quality Act under CEQA Guidelines section 15061(b)(3) because it can
be seen with certainty that there is no possibility the amendment may have a significant
effect on the environment.
SECTION 5. This Urgency Ordinance is enacted pursuant to the authority
conferred upon the City Council of the City of Cypress by Government Code Sections
36934 and 36937 and shall be in full force and effect immediately upon its adoption by a
four -fifths (4/5) vote of the City Council as if and to the same extent that such ordinance
had been adopted pursuant to each of the individual sections set forth hereinabove.
This Urgency Ordinance shall take effect immediately upon adoption and shall
become operative on March 13, 2017.
SECTION 6. Urgency Findings. That the adoption of this Urgency Ordinance is
necessary for the immediate preservation of the public peace, health, or safety, as
those terms are defined in Government Code Section 36937(b), in at least the following
respects: The City only recently became aware of the expiration of the state - issued
franchise held by one of the City's cable providers, and hence the need for
reauthorization of Ordinance Number 1091, such that it is essential that the City adopt
the above stated Ordinance re- authorization before March 30, 2017. In the absence of
legislation effective by that date, Ordinance Number 1091 with its provisions providing
for public education and governmental outreach (including PEG emergency and public
safety broadcasts) will not be in effect. Accordingly, this ordinance shall take effect
immediately upon adoption.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance, and each and every section, subsection, sentence, clause
and phrase thereof not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The City Clerk shall cause a summary of this Ordinance to be
published once, within fifteen (15) calendar days after its passage in a newspaper of
general circulation, printed, published and circulated in the City, and shall cause a copy
of this Ordinance and its certification, together with proof of publication, to be entered in
the Book of Ordinances of the City.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 13th day of March 2017. l /'
9AYOR OF THE CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the said City
Council held on the 13th day of March, 2017, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Berry, Johnson, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Yarc
Pui3O(
CITY CLERK OF THE CITY OF CYPRESS