2013/08/27 City Council Ordinance 867ORDINANCE NO. 867
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK, CALIFORNIA,
EXTENDING THE CITY'S MORATORIUM ON AND
PROHIBITION OF THE ISSUANCE OF PERMITS OR OTHER
ENTITLEMENTS FOR THE ESTABLISHMENT, EXPANSION,
OR RELOCATION OF CYBER CAFES
THE CITY COUNCIL OF THE CITY OF ROHNERT PARK ORDAINS AS
FOLLOWS:
SECTION 1. Findings. The City Council finds as follows:
A. On July 23, 2013, pursuant to Government Code Sections 36937 and 65858(b), following
notice and a public hearing, the City Council adopted Urgency Ordinance No. 860
establishing a 45 -day moratorium on the issuance of any new permit, license, approval, or
entitlement pertaining to Cyber Cafes (the "Interim Ordinance ").
B. Pursuant to Government Code Section 65858(b), the City may, after notice and a public
hearing, extend the Interim Ordinance for an additional period of up to 22 months and 15
days.
C. Based on substantial evidence in the record, the Development Services Manager has
recommended that the approval or issuance of permits for Cyber Cafes presents an
immediate threat to and specific adverse impact upon the public health, safety, and
welfare of the community.
D. On August 27, 2013, the City Council held a duly noticed public hearing to consider
extending Ordinance No. 860 for an additional twenty two (22) months and fifteen (15)
days from the date Ordinance No. 860 expires.
E. The City Council considered all of the written and oral testimony offered at the duly
noticed public hearing held on August 27, 2013, concerning whether to extend Ordinance
No. 860.
F. The factual basis for extending the Interim Ordinance includes the following:
1. The recitals, provisions, and findings made in Ordinance No. 860 are hereby
reaffirmed, readopted, and incorporated by reference as though they were fully restated
herein.
2. The City desires to further study the potential effects of Cyber Cafes on the public
health, safety, and welfare in order to determine whether reasonable conditions, such as
those imposed by neighboring jurisdictions, should be placed on Cyber Cafes in the City.
3. City staff is reviewing RPMC Chapter 17 as well as the provisions of neighboring
jurisdictions. However, as provided for in the staff report, which is incorporated by
reference, the City Council finds that staff needs additional time to study, review, and
make an informed recommendation regarding possible amendments to RPMC that would
impose reasonable regulations on Cyber Cafes.
4. Once a draft ordinance is prepared, that legislation must first be reviewed by the
Planning Commission and City Council and the public at two meetings, and if adopted,
the ordinance would not go into effect for an additional 30 -days.
5. In order to avoid a lapse in the moratorium, it is necessary that the Interim
Ordinance be extended.
6. Until such time as the proposed amended regulations are adopted and effective,
there is a significant risk of Cyber Cafes engaging in "sweepstakes gaming" which
encourages game playing that provides chances to be awarded prizes, and which the
Bureau of Gambling Control considers to be illegal gambling operations.
7. Cyber Cafes are businesses that when not properly regulated, have resulted in
serious harmful effects, including but not limited to increased calls for police services,
increased reports of violent criminal behaviour and related detrimental neighbourhood
effects associated with these businesses, including incidents involving assaults, burglary,
illegal drug use and sales, illegal lotteries, loitering, property damage, public intoxication,
robbery, and vandalism.
8. The establishment of new reasonable standards for the issuance of permits for
Cyber Cafes and regulations on the operation of Cyber Cafes will serve to reduce the risk
of illegal and potential criminal activity.
9. The absence of this ordinance would create a serious threat to the orderly and
effective implementation of any RPMC amendments that may be adopted in that the
issuance of permits to Cyber Cafes within the City may be in conflict with or frustrate the
contemplated RPMC amendments.
G. Pursuant to Government Code Section 65858(d), the City has issued a report relative to
the steps taken to alleviate the conditions that necessitated the adoption of the Interim
Ordinance, which report is incorporated by this reference.
H. The City Council finds that there is a current and immediate threat to the public health,
safety, and welfare based on the above findings and, upon that basis, has determined that
an extension of the moratorium prohibiting the issuance of new permits for Cyber Cafes
is warranted.
SECTION 2. Extension of Moratorium. The City Council orders that, pursuant to the
authority granted to the City Council by California Government Code Section 65858 to protect
the health, safety and general welfare of the residents of the City of Rohnert Park, the City
Council hereby extends Ordinance No. 860 which established a moratorium on Cyber Cafes as
follows:
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A. No permits (including use permits, conditional use permits, special or temporary
permits) or other applicable use entitlement (including variances, building permits, or business
licenses) under Chapters 17 of the RPMC may be issued for the establishment or operation of
new Cyber Cafes within the City, except as otherwise provided for herein. In addition, no
existing Cyber Cafes may be expanded, whether by means of additional space, construction of
new facility, or by reconfiguration.
B. For purposes of this Ordinance, the terms Cyber Cafes shall have the same meaning
as provided for in RPMC 17.04.030, which provides that: "'Cyber cafe' means an establishment
that provides four or more computers and /or other electronic devices for access to the internet, e-
mail, video games, or computer software programs which are networked or which function as a
client /server program, and which seeks compensation in any form from users. Also referred to
as PC cafe, internet cafe, cyber center, but does not include a cyber learning center."
For the purposes of this Ordinance, "cyber learning center" shall mean an establishment
that provides computer access which is operated by the City of Rohnert Park, a school district, a
library, a college district, or a private institution of learning which provides classes in computer
instruction, or a non - profit organization which does not receive compensation or reimbursement
in any form other than school tuition.
C. Establishment or operation of unpermitted Cyber Cafes in the City of Rohnert Park
shall be a public nuisance per se, enforceable by any applicable law, including but not limited to
injunctions, administrative citations, or criminal penalties.
SECTION 3. Legal, Operational and Planning Study. The Planning Department and the City
Attorney's Office are directed to continue to study and analyze issues related to the
establishment, permitting, and operation within the City of Cyber Cafes, and their potential
impacts on public health, safety and welfare of the community, the desirability of such Cyber
Cafes in various zones, and the extent of regulatory controls, if any, to impose on such Cyber
Cafes. The City Council directs that all studies be pursued as expeditiously as practicable. In
order to prevent frustration of these studies and the implementation of new regulations, the
public interest, health, safety, and welfare require immediate enactment of this Ordinance.
SECTION 4. Environmental Review. The City Council finds that this ordinance is not subject
to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the
activity will not result in a direct or reasonably foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly; rather it
prevents changes in the environment pending the completion of the contemplated municipal code
review.
SECTION 5. Severability. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of
competent jurisdiction, such decision will not affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would have passed this ordinance and each
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and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would be subsequently declared invalid
or unconstitutional.
SECTION 6. Effective Date and Duration. This ordinance is an urgency ordinance enacted
under California Government Code Section 65858(b). This urgency ordinance is effective
immediately upon adoption by a four - fifths (4/5) vote of the City Council and, unless terminated
sooner by the City Council, will extend for a period of 22 months and 15 days from the date of
adoption at which time it will automatically expire.
SECTION 7. Publication. The City Clerk is directed to cause this ordinance to be published in
the manner required by law.
PASSED, APPROVED AND ADOPTED this 27th day of August, 2013 by the
following vote:
AYES: Five
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
( 5)
(0)
(0)
(0)
Council Members Ahanotu, Belforte, Mackenzie, Callinan and Mayor.
Stafford
JoAnne Bub • ler
City Clerk
APPROVED
.tI
)
FORM:
Michete Marchetta Kenyon
City Attorney
Ord. 867
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Pam Stafford, Mayo
STATE OF CALIFORNIA
COUNTY OF SONOMA
CITY OF ROHNERT PARK
) ss.
CITY CLERK'S CERTIFICATION OF
THE ADOPTION OF ORDINANCE
I, JoAnne Buergler, City Clerk of the City of Rohnert Park, do hereby certify that the foregoing
Ordinance No. 867 was adopted at a regular meeting of the City Council on the 27th day of August, 2013
by the following roll -call vote:
AYES: Five (5) Council Members Ahanotu, Belforte, Mackenzie, Callinan and Mayor Stafford
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
f.)L--■--1-141 ILWAilet
JoAnne Buergler
CITY CLERK
Ord. 867
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