HomeMy WebLinkAbout2008-05-20; City Council; 19455; Repealing chapter 5.28 of the CMC: Cable TVCITY OF CARLSBAD - AGENDA BILL
AB# 19,455
MTG. 5/20/08
DEPT. Clerk
ORDINANCE REPEALING CHAPTER 5.28 OF
TLJC ^ABI ODAn BfllltllS^mAI f*f\F\CTHE CARLSBAD MUNICIPAL CODE —
CABLE TELEVISION
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CITY MGR.
RECOMMENDED ACTION:
Adopt Ordinance No. NS-891 amending Title 5, repealing in its entirety, Chapter 5.28 of the
Carlsbad Municipal Code, that is no longer applicable to holders of local video franchises due
to the Digital Infrastructure and Video Competition Act of 2006, adopted by the California
Legislature which transfers the authority of granting franchises for video services from local
jurisdictions to the California Public Utilities Commission.
ITEM EXPLANATION:
Ordinance No. NS-891 was introduced and first read at the City Council meeting held on
May 13, 2008. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 19,440 on file in the Office of the City Clerk.
EXHIBITS:
1. Ordinance No. NS-891.
DEPARTMENT CONTACT: Sheila R. Cobian (760) 434-2927, scobi@ci.carlsbad.ca.us
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
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CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
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EXHIBIT # 1
ORDINANCE NO. NS-891
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, REPEALING, IN ITS ENTIRETY
CHAPTER 5.28 OF THE CARLSBAD MUNICIPAL CODE
APPLICABLE TO HOLDERS OF LOCAL VIDEO FRANCHISES.
WHEREAS, the California Legislature adopted the Digital Infrastructure and Video
Competition Act of 2006 ("DIVCA") establishing a state video franchising scheme under which
holders of state-issued video franchises would be partially regulated by the California Public
Utilities Commission ("PUC") and partially regulated by local governments; and
WHEREAS, under DIVCA, the authority for granting franchises for video services (often
referred to as "cable") has been transferred from local jurisdictions to the PUC, including
regulating build-out and non-discrimination standards for state franchise holders, enforcing anti-
subsidiary provisions and imposing user and application fees; and
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WHEREAS, the City of Carlsbad has previously amended the Municipal Code to add
11 Chapter 5.29, necessary in order to preserve the City's authority to regulate state video franchise
holders and collect a franchise fee and a Public, Education and Government fee, to the extent
12 permitted'under DIVCA,
13 WHEREAS, as of January 2, 2008, there are no longer any video service providers in
Carlsbad operating under Chapter 5.28.
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NOW THEREFORE, the City Council of the City of Carlsbad, California, does ordain as
follows:
SECTION 1: That Chapter 5.28 of the Carlsbad Municipal Code is amended by repealing Chapter
5.28, in its entirely, sections 5.28.010 through 5.28.250.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption and the
City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in
a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption.
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INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on
the 13th day of May, 2008, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 20th day of May. 2008, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ABSTAIN: None.
APPROVED AS TO FORM AND LEGALITY
o. i
RflDNALD R. BALL, City Attorney
IS, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)