HomeMy WebLinkAboutORD 445 2017 0315 ORDINANCE NO. 445
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, REAUTHORIZING AND
READOPTING THE CITY'S PUBLIC, EDUCATION, AND
GOVERNMENT (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 . The City Council hereby reauthorizes and readopts the 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 3. 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 No. 445
Page 2
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 4 . This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5 . 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 15th day of March, 2017.
Ja ice S. Parvin, Mayor
ATTEST:
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Maureen Benson, City Clerk .
Ordinance No. 445
Page 3
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 Ordinance No. 445 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 15th day of
March, 2017 and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Mil!house, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 20th day of March, 2017.
Maureen Benson, City Clerk
(seal)
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