HomeMy WebLinkAbout1961ORDINANCE NO. 1961
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, REAUTHORIZING THE PUBLIC,
EDUCATIONAL, AND GOVERNMENTAL FEE ON STATE
VIDEO FRANCHISEES OPERATING WITHIN THE CITY OF
PALM SPRINGS
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 Palm Springs ("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 April 1, 2009, the City adopted Ordinance No. 1759, establishing
a one percent (1%) fee for the support of PEG channel facilities and activities within the
City ("PEG Fee"), which is codified in Section 5.79 of the Palm Springs Municipal Code;
and
WHEREAS, Ordinance No. 1759 has never been repealed and did not include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 2017 and beyond; and
WHEREAS, Section 5870(n) 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, Charter Communications operates within the City under a state video
franchise that expired on December 20, 2017 and has renewed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS
DOES ORDAIN AS FOLLOWS:
SECTION 1. Reauthorization. The City's PEG Fee imposed in Section 5.79 of
the Palm Springs 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 Charter
Communications Franchise, shall continue to be subject to the PEG Fee required by
Section 5.79 of the Palm Springs Municipal Code, which fee 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 set forth in Section 5.79 of the Palm
Springs 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.
Ordinance No. 1961
Page 2
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 Palm Springs 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. Severabilitv. 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 Palm Springs
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. Effective Date. This Ordinance shall take effect thirty (30) days after
its final passage.
SECTION 7. 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.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 20TH DAY OF SEPTEMBER, 2018.
ROBERT MOON, MAYOR
ATTEST:
HONY
CITY CLE
Ordinance No, 1961
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, do hereby certify
that Ordinance No. 1961 is a full, true, and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council held on September 5, 2018, and adopted at a
regular meeting held on September 20, 2018, by the following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tem Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this day of .
CITY CLER