city of Chula Vista

File #: 17-0148    Name: PEG Fee Reauthorization
Type: Consent Item Status: Passed
In control: City Council
On agenda: 4/25/2017 Final action: 4/25/2017
Title: RESOLUTION NO. 2017-058 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REAUTHORIZING CHULA VISTA MUNICIPAL CODE CHAPTER 5.53, "STATE VIDEO FRANCHISES"
Attachments: 1. Item 2 - Resolution, 2. Item 2 - Attachment 1 - May 2012 Agenda Statement, 3. Item 2 - Attachment 2 - Cox Communications Correspondence
Title
RESOLUTION NO. 2017-058 OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA REAUTHORIZING CHULA VISTA MUNICIPAL CODE CHAPTER 5.53, "STATE VIDEO FRANCHISES"

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RECOMMENDED ACTION
Recommended Action
Council adopt the resolution.

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SUMMARY
Cox Communications ("Cox") has been providing video service within the City pursuant to a state video franchise certificate issued in accordance with the Digital Infrastructure and Video Competition Act of 20061 ("DIVCA"). Pursuant to City ordinance, Cox is required to remit to the City a one percent fee to support public, educational, and governmental ("PEG") channels [Chula Vista Municipal Code ("CVMC") section 5.53.040]. Cox has recently obtained a renewal of its franchise certificate from the California Public Utilities Commission. The renewed certificate allows Cox to continue providing service for another ten years and takes effect on April 27, 2017. Cox has requested that the City reauthorize its PEG fee ordinance before it continues to remit the PEG fee under its renewed certificate. Staff recommends that the City Council reauthorize Municipal Code Chapter 5.53 in order to assure the continued collection of the PEG fee.

ENVIRONMENTAL REVIEW

Environmental Notice
Environmental Notice
The activity is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.

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Environmental Determination
The Director of Development Services has reviewed the proposed activity for compliance with the California Environmental Quality Act (CEQA) and has determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it will not result in a physical change in the environment; therefore, pursuant to Section 15060(c)(3) of the State CEQA Guidelines, the activity is not subject to CEQA. Thus, no environmental review is required.

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