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"_ --� 457 ORDINANCE NO. 457
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°/0 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, on March 15, 2017, the City Council adopted Ordinance No. 445 to
reauthorize the PEG fee following the expiration of a state video franchise held by
AT&T; and
WHEREAS, the state video franchise held by Time Warner Cable Pacific West
LLC will expire on January 2, 2018; 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,
pursuant to Title 14, Section 15061(b)(3) of the California Code of Regulations.
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 pursuant to Title 14, Section 15061(b)(3) of the
California Code of Regulations.
239
Ordinance No. 457
Page 2
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 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 November, 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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