HomeMy WebLinkAboutItem HAGENDA STAFF REPORT
DATE: March 26, 2018
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Robin L. Roberts, City Clerk
SUBJECT: Second Reading and Adoption of Ordinance 1668
SUMMARY OF REQUEST:
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That the City Council waive further reading and adopt Ordinance 1668 titled "An
Ordinance of the City Council of the City of Seal Beach Reauthorizing and
Continuing the City's Public, Educational, and Governmental ( "PEG ") Access
Support Fee."
BACKGROUND AND ANALYSIS:
At its meeting of March 12, 2018, the City Council introduced Ordinance No.
1668 to reauthorize and continue the City's PEG Fees pursuant to Seal Beach
Municipal Code Section 6.10.085 "Special Provisions Applicable to Holders of
State Video Franchises ". This item is to adopt Ordinance No. 1668 in
compliance with state law requiring that ordinances be adopted at least 5 days
after introduction at a regular or adjourned regular meeting. Upon adoption and
pursuant to City Charter Section 414, the ordinance will be published within 15
days after adoption.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
Agenda Item H
RECOMMENDATION:
That the City Council waive further reading and adopt Ordinance 1668 titled "An
Ordinance of the City Council of the City of Seal Beach Reauthorizing and
Continuing the City's Public, Educational, and Governmental ( "PEG ") Access
Support Fee."
SUBMITTED BY:
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Robin L. Roberts, City Clerk
ATTACHMENTS:
Attachment A - Ordinance 1668
Page 2
NOTED AND APPROVED:
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Jill R. Ingram, City Manager
Attachment "A"
ORDINANCE NO. 1668
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH REAUTHORIZING AND CONTINUING
THE CITY'S PUBLIC, EDUCATIONAL, AND
GOVERNMENTAL ( "PEG ") ACCESS SUPPORT FEE.
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 to adopt an ordinance establishing a fee on state - franchised video
service providers to support public, educational, and governmental ( "PEG ") access
channel facilities; and
WHEREAS, on November 5, 2007 the City adopted Ordinance No. 1563
establishing such a fee, which is codified in Section 6.10.085.A of the Seal Beach
Municipal Code; and
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an
ordinance upon expiration, may be reauthorized, upon the expiration of a state
franchise, and that a fee may be adopted at any time; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES
ORDAIN AS FOLLOWS:
Section 1. The City Council hereby reauthorizes and continues the fee on
state - franchised video service providers to support public, educational, and
governmental channel facilities currently codified in Section 6.10.085. A of the Seal
Beach Municipal Code, to remain unchanged and in full effect for all state - franchised
video service providers.
Section 2. The City Council hereby adds Seal Beach Municipal Code Section
6.10.085 A 4 (e) to read as follows:
"A 4 (e) A late payment charge equal to the highest prime lending rate during the
period of delinquency plus one percent (1 %) of the amount due and delinquent
shall be applied to any amount due from a state - franchised video service
provider for PEG Support Fees not received by the when due pursuant to this
Chapter."
Section 3. The City Clerk shall certify to the adoption of this Ordinance and
cause the same to be published as required by law.
PASSED, APPROVED, AND ADOPTED this 26th day of March, 2018.
Mike Varipapa, Mayor
ATTEST:
Robin L. Roberts, City Clerk
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