Ordinance No. 1164287
ORDINANCE NO. 1164
AN 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, 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. 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 6. 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.
SECTION 7. This Ordinance shall become effective on the thirty -first (31st) day after
its passage.
FIRST READING at a regular meeting of the City Council of the City of Cypress held
on the 13th day of March, 2017 and finally adopted and ordered posted at a regular meeting
held on the 27th day of March, 2017.
ATTEST:
tit 'V)
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
AYOR OF THE CITY OF CYPRESS
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 said City Council held on
the 27t" day of March, 2017, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Johnson, Yarc, Peat, and Morales
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
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