HomeMy WebLinkAboutORD 444 2017 0301 ORDINANCE NO. 444
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF MOORPARK, CALIFORNIA
REAUTHORIZING THE CITY'S PUBLIC, EDUCATION,
AND GOVERNMENTAL (PEG) FEE, AND MAKING A
DETERMINATION UNDER CEQA
WHEREAS, the Digital Infrastructure and Video Competition Act of 2006 (Public
Utilities Code § 5800 et. seq., or DIVCA) went into effect on January 1, 2007; and
WHEREAS, DIVCA allows local entities to establish Public, Education, and
Governmental (PEG) fees of up to 1% of gross revenues to be paid by state video
franchise holders; and
WHEREAS, on June 6, 2007, the City Council adopted Ordinance No. 350, to
create a PEG fee of 1% of gross revenues; 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 video
franchise; and
WHEREAS, the state video franchise held by AT&T will expire on March 30,
2017; and
WHEREAS, the Community Development Director has reviewed the contents of
this Ordinance and determined that adoption of this Ordinance is exempt from the
provisions of the California Environmental Quality Act (CEQA) by the general rule that
CEQA only applies to projects that may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council has reviewed the Community Development
Director's determination that this ordinance is exempt from CEQA and concurs that the
ordinance does not have the possibility of having a significant effect on the environment
and is therefore exempt from CEQA.
SECTION 2. Urgency Findings. The City Council finds as follows:
(a) Currently, the City depends upon PEG fees to support PEG access
channel facilities, which are essential to providing city residents and
businesses with important civic programming, including emergency alerts
and governmental news and information. Pursuant to Public Utilities Code
Section 5870(n), the City's PEG fee codified in Section 5.07.020(c) of the
Moorpark Municipal Code will expire upon the expiration of a state video
Ordinance No. 444
Page 2
franchise. AT&T currently holds a video state franchise that will expire on
March 30, 2017. If this fee is not reauthorized by March 30, 2017, the City
may lose funding for its PEG programming facilities. Any loss of funding
could jeopardize the City's ability to timely communicate with its residents
regarding matters of public importance. A lapse of funding may also lead
to confusion among state video franchisees operating within the City
regarding the payment of PEG fees to the City.
(b) 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 days after its second reading, funding for City PEG facilities
could lapse, jeopardizing the City's ability to communicate with residents
who rely on the City's PEG channel for emergency alerts and
governmental news and information. Therefore, this ordinance is
necessary for the immediate preservation of the public peace, health, and
safety, and its urgency is hereby declared.
SECTION 3. The City Council hereby reauthorizes thee PEG fee on state video
franchise holders to support public, education, and governmental channel facilities as
codified in Section 5.07.020(c) of the Moorpark Municipal Code.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or
portion of this ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this ordinance. The City Council declares that it would have adopted this
ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 5. This urgency ordinance shall become effective immediately upon
adoption.
Ordinance No. 444
Page 3
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a minute of the passage and adoption thereof in the records of the proceedings of the City
Council at which the same is passed and adopted; and shall publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this 1st day of March, 2017.
Jan ce S. Parvin, Mayor
ATTEST:
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Ordinance No. 444
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Urgency Ordinance No. 444 was
adopted by the City Council of the City of Moorpark at a special meeting held on the 1st
day of March, 2017 and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 15th day of March, 2017.
Maureen Benson, City Clerk
(seal)
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