Ordinance 2017-08ORDINANCE NO. 2017-08
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF GILROY ADDING SECTION 24.44 (b)(5)
TO ARTICLE III OF CHAPTER 24 OF THE GILROY CITY
CODE PERTAINING TO THE REAUTHORIZATION OF
THE PUBLIC, EDUCATIONAL, AND GOVERNMENT
ACCESS CHANNEL SUPPORT AND DECLARING THE
EMERGENCY THEREOF
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of
the Digital Infrastructure and Video Competition Act of 2006 ( "DIVCA "), authorized the City of
Gilroy to adopt an ordinance establishing a fee on state - franchised video and cable service
providers to support public, educational, and governmental access channel facilities ( "PEG ");
and,
WHEREAS, The City of Gilroy had previously established a PEG support fee from
Charter Communications ( "Charter ") to be used for supporting the PEG channel facilities; and,
WHEREAS, on December 7, 2009, Emergency Ordinance No. 2009 -06 and on January
11, 2010 Ordinance No. 2010 -01 were adopted implementing the provisions of DIVCA by
adding sections 24.38 through 24.45 to the Gilroy City Code, continuing the practice of charging
our franchisee a fee to support the PEG channel facilities; 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 the state franchise; and,
WHEREAS, the City of Gilroy desires to ensure that there is no gap in the payment of
PEG fees due to the future expiration of any existing or future video and cable franchise
certificate franchise(s) held by any state franchise holder operating within the City of Gilroy;
and,
WHERAS, due to the short timeframe of notice from Charter of their successful state-
wide franchise renewal and the expiration of the current franchise, a regular ordinance would
become effective after the expiration of the franchise certificate, preventing the collection of
PEG fees until such time an ordinance reauthorizing the fee becomes effective, thereby
necessitating an emergency ordinance to protect the stability of the PEG fee collection; and,
WHEREAS, this Ordinance is exempt from environmental review pursuant to
Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality
Act of 1970, as amended.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GILROY DOES
HEREBY ORDAIN AS FOLLOWS:
ORDINANCE NO. 2017-08
4839 -5514 -0181 v1
JM04706083
z
SECTION I
Section 24.44(b) of Chapter 24, of the Gilroy City Code entitled "Public, Educational,
and Government Access Channel Capacity, Support, Interconnection, and Signal Carriage" is
hereby amended by adding a new Section 24.44(b)(5), which shall read as follows:
"Sec. 24.44 Public, Educational, and Government Access Channel
Capacity, Support, Interconnection, and Signal Carriage
(b) PEG Support.
(5) Reauthorization of State Franchise Holder PEG Fees
i. The fee on state franchise holders to support public, educational, and governmental
channel facilities in Gilroy City Code Sections 24.44(b)(1) through 24.44(b)(4) above is
reauthorized and shall remain unchanged and in full effect as to all state franchise
holders.
ii. The PEG fee in Gilroy City Code Sections 24.44(b)(1) through 24.44(b)(4) shall
automatically be reauthorized upon the expiration of any existing or future franchise
certificate(s) held by any state franchise holder operating within the City of Gilroy.
iii. This chapter shall automatically be reauthorized upon the expiration of any existing or
future franchise certificate franchises) held by any state franchise holder operating
within the City of Gilroy. This chapter shall so renew upon the future expiration of any
franchise certificate(s) until such time that the City Council takes formal affirmative
action to cease the renewals.
SECTION H
This Ordinance, pursuant to Gilroy City Charter, Article VI, Section 602, is hereby
declared by the City Council to be necessary as an emergency measure and for the preservation
of the public peace, health, safety and welfare of the City, and as such shall take effect
immediately and be in full force and effect after its adoption after publication at least once in an
official newspaper of the City for the following reasons:
This Ordinance is necessary as an emergency Ordinance to: (1) avoid confusion and
assure the public what PEG fees apply; and (2) maintain the existing PEG channel. In order to
accomplish these goals, the Gilroy City Code Article III, Section 24.44(b), as amended, must be
adopted by means of this emergency Ordinance.
SECTION III
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council of the City of Gilroy hereby declares that it would
ORDINANCE NO. 2017-08
48395514-01810
JH104706083
have passed and adopted this ordinance, and each section, subsection, sentence, clause or phrase
hereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or
phrases may be declared invalid or unconstitutional.
vote:
PASSED AND ADOPTED this 4th day of December, 2017, by the following roll call
AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUNOZ,
TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: KLOECKER
APPROVED
rAz����
Rol d Yelasco, Mayor
ORDINANCE NO. 2017-08
4839 -0514 -01810
M04706083
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Emergency Ordinance No. 2017 -08 is an original ordinance, or true and correct copy of
a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 4th day of December, 2017, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 6th day of December, 2017.
3nawna rreets, iviivi%,,
City Clerk of the City of Gilroy
(Seal)