HomeMy WebLinkAbout1962ORDINANCE NO. 1962
AN URGENCY 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WHEREAS, Ordinance No. 1759 has never been repealed and did not include any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 was renewed; and
WHEREAS, the City Council desires to expressly reauthorize the PEG Fee
codified in 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, including but not limited to. Charter Communications, 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 PALM SPRINGS
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Urqencv Findings. 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 to support PEG access channel facilities, which are essential to providing
Urgency Ordinance No. 1962
Page 2
City residents with important civic programming, including emergency alerts and
community and government news. The City was only recently made aware that the
Charter Communications Franchise expired on December 20, 2017, thus potentially
requiring reauthorization of the City's PEG Fee pursuant to Public Utilities Code section
5870(n). Because the expiration date for the Charter Communications Franchise has
passed, the City arguably faces a lapse in PEG funding from the Charter
Communications Franchise until the City reauthorizes the PEG Fee. If the City's PEG
Fee is not reauthorized immediately, the City may 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
presen/ation of the public peace, health and safety.
SECTION 2. 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 3. 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.
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.
Urgency Ordinance No. 1962
Page 3
SECTION 5. 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 6. 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 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.
PASSED AND ADOPTED THIS 5™ DAY CF SFPIEMBER 2018
Robert Moon, Mayor
ATTEST:
mthbny J
;ity Clerk
Urgency Ordinance No. 1962
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do hereby
certify that Urgency Ordinance No. 1962 is a full, true, and correct copy, and introduced
and adopted at a regular meeting of the City Council held on the 5^*^ day of September
2018 by the following vote:
AYES: Councilmember 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 9^ day of
Apthony
City Clerk