2007/02/27 City Council Resolution 2007-31RESOLUTION NO. 2007 -31
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AMENDING THE ENGINEERING FEE SCHEDULE, ADOPTED BY RESOLUTION
NO. 2006-399 TO ADD A FEE FOR STATE FRANCHISED CABLE OPERATORS OR
VIDEO SERVICE PROVIDERS WHO APPEAL THE DENIAL OF AN
ENCROACHMENT PERMIT TO THE CITY COUNCIL
WHEREAS, the Digital Infrastructure and Video Competition Act of 2006 (the "Act "),
adopted by the California Legislature in August 2006, is effective January 1, 2007; and
WHEREAS, the act creates a process whereby video service franchises are granted by
the State and administered by the California Public Utilities Commission (CPUC); and
WHEREAS, the CPUC must commence accepting applications for a State video service
franchise no later than April 1, 2007; and
WHEREAS, the Act requires local entities to approve or deny an application for an
encroachment pen-nit from a State cable operator or video service franchisee within 60 days of
receiving a completed application, unless mutually agreed to by both parties; and
WHEREAS, if an application for an encroachment permit is denied, the State franchised
cable operator or video service provider shall be furnished with a detailed explanation of the
reason for denial; and
WHEREAS, the Act requires local entities to adopt regulations for State franchised cable
operators or video service providers to appeal the denial of an encroachment permit application
issued by a department of the local agency to the governing body of the local entity; and
WHEREAS, the City of Rohnert Park wishes to establish a fee to recover costs
associated with the provision of this regulatory activity as mandated by AB 2987; and
WHEREAS, the fee for appeals will be $500.00; and
WHEREAS, there is a reasonable relationship between this fee and the cost of providing
the service because it would take an average of five hours of staff engineering time at an average
total cost of $500.00;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert
Park that it does hereby authorize and approve the addition of a $500.00 fee to the Engineering
Fee Schedule for State franchised cable operators or video service providers who appeal the
action of the City Engineer on an encroachment permit to City Council.
JH- S:05 -d
DULY AND REGULARLY ADOPTED this 27`l' day of February, 2007.
ATTEST:
City
ag
CITY OF ROHNERT PARK
ERT
Mayor
BREEZE: ABSENT MACKENZIE: AYE SMITH: AYE STAFFORD: AYE VIDAK— MARTINEZ: AYE
AYES: (4) NOES: (0) ABSENT: (I) ABSTAIN: (0)
(2)