2018/01/23 City Council Ordinance 916ORDINANCE NO. 916
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA,
REAUTHORIZING THE EXISTING PUBLIC, EDUCATIONAL, AND GOVERNMENT
SUPPORT FEE AND AMENDING SECTION 5.24.240 OF THE ROHNERT PARK
MUNICIPAL CODE TO PROVIDE FOR AUTOMATIC REAUTHORIZATION
WHEREAS, Section 5870(n) of the Public Utilities Code, which was enacted as part of
the Digital Infrastructure and Video Competition Act of 2006, authorizes the City to adopt an
ordinance establishing a fee on state -franchised video service providers to support public,
educational, and governmental access channel facilities; and,
WHEREAS, on January 9, 2007, the City Council of the City of Rohnert Park adopted
Ordinance No. 773, which first established a Public, Educational, and Government (PEG)
Support Fee in the amount of one percent of the state franchise holder's gross revenues; and,
WHEREAS, on February 12, 2013, the City Council adopted Ordinance 853, which
implemented additional requirements of the Digital Infrastructure and Video Competition Act of
2006, comprehensively reorganized Chapter 5.24 — "Cable Communications Franchise," of the
Rohnert Park Municipal Code, and re -codified the PEG Support Fee requirement at Subsection B
of Section 5.24.200; and
WHEREAS, Section 5870(n) of the Public Utilities Code states that such an ordinance
shall expire, and may be reauthorized, upon the expiration of a state franchise; and
WHEREAS, the state franchise for AT&T was recently renewed by the Public Utilities
Commission, effective March 30, 2017, and the state franchise for Comcast expires on January 2,
2018, and will also be renewed; and
WHEREAS, the City Council wishes to adopt an ordinance expressly declaring that the
City's PEG Support Fee is reauthorized as to all state franchisees; and
WHEREAS, the City of Rohnert Park desires to ensure that there is no gap in the
payment of PEG Support Fees due to the future expiration of any state franchise operating within
the City of Rohnert Park.
NOW THEREFORE, the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals and Evidence. The above recitations are true and correct and
material to this Ordinance. In making its findings, the City Council relied upon and hereby
incorporates by reference all staff reports, presentations, and other documentation presented to
the Council in the meeting.
Section 2. PEG Support Fee keaut110riZW4011. The City's PEG Support Fee
authorized in Subsection B of Section 5.24.200 of the Rohnert Park Municipal Code is hereby
reauthorized to the extent required by Section 5870(n) of the California Public Utilities Code.
Section 3. Amended. Section 5.24.240 of the Rohnert Park Code of Ordinances is
amended to add the following Subpart 5 to Subsection B, to read as follows:
5. Notwithstanding Public Utilities Code section 5870(n), upon the expiration of
any state franchise, without any further action of the City Council, the PEG
support fee set forth in this subsection shall be deemed to have been
automatically reauthorized unless the state franchise holder has given the City
Manager and the City Council written notice at least sixty (60) days prior to the
expiration of its state franchise that the PEG support fee will expire pursuant to
the terms of section 5780(n) of the Public Utilities Code.
The remaining provisions of Section 5.24.240 shall remain unchanged and in full force and
effect.
Section 4. Environmental Review. The City Council finds and determines that this
Ordinance is not a project within the meaning of section 15378 of the Guidelines for
Implementation of the California Environmental Quality Act ("CEQA Guidelines") because it
has no potential for resulting in physical change in the environment, either directly or ultimately.
The City Council also finds the approval of this ordinance is exempt under Section 15061(b)(3)
of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the
adoption of this ordinance may have a significant effect on the environment.
Section 5. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 6. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption, and shall be published and posted as required by law.
Section 7. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
2
This ordinance was introduced on January 9, 2018 and adopted by the Council of the City
of Rohnert Park on January 23, 2018, by the following roll call vote:
AYES: Four (4) Councilmembers Ahanotu, Belforte, Mackenzie and
Mayor Stafford
NOES: None (0 )
ABSENT: One (1) Vice Mayor Callinan
ABSTAIN: None (0 )
ATTEST:
J 3A= M. Buergler, Cray Clerk
AS TO FORM:
le`Marchetta Key}y&, Citf Attorney
3
CITY OF ROHNERT PARK
Pam Stafford, Mayo
AFFIDAVIT OF POSTING
Pursuant to California Government Code $ 36933 and S 40806
Pursuant to Rohnert Patu Municipal Code 1.08.010
STATE OF CALIFORNIA
County of Sonoma
l, JoAnne M. Buergler, City Clerk for the City of Rohnert Park, declare that a true and correct
copy of Ordinance No.916:
AN ORDINANCE OF'THE CITY OF ROHNERT PARKO CALIF'ORI\IA'
REAUTHORIZING THE EXISTING PUBLICO EDUCATIONAL, AND GOVERNMENT
SUPPORT FEE AND AMENDING SECTION 5.24.240 OF'THE ROHNERT PARK
MUNICIPAL CODE TO PROVIDE FOR AUTOMATIC REAUTHORIZATION
was published on January 26, 2018 as required by law and posted in five (5) public places
in said City, to:.
www.rpcitv.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
ne
)
)
)
ss
Subscribed and sworn
Caitlin Saldanha, Deputy City Clerk
before me this
t4,
^l1"/^
3anuanl ,2018.
m :\ord ina nces\o rd i na nces 2018\9 16\affid avit of posting.docx
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COT]NTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 916
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States , over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper ofgeneral circulation having been established by Court Decree No. 35815 ofthe Superior Court ofthe
State of California, in and for the County of Sonoma, Department No. 1 thereof; and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City ofRohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character ofthe notice intended to be given; that the " City ofRohnert Park,
Summary of Ordinance No. 916" of which the annexed is a printed copy, was published in said newspaper at least _1 consecutive
time(s), commencing on the 26 day ofJanuary,2018 and ending on the26 day of January,2018.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 26 day of January, 2018 at Rohnert Park, Califomia.
Signed
Claudia Smith Chief Clerk
u,[L
t
AN ORDNAT{CE 0F THE Cffy OF ROHI|EßÍ pARtç CAf '-,ìRt{tÀ
REAUT}IOEZNG THE EX¡8NNG PUB¡JC, EDUCANOI \ND
GOVERNHENT SUPPORÍ FEE At{D AtEilDlllc SECTIO{ ¡¿4240 OF
THE ROHI{ERT PARK TUI{ICIPA! CODE IO PRCNÍDE FORAUÎOilANC
REAUTHORIZATOI{
was en.
of
of
percênt of the
WHEREAS, on February 12, 2013, the City
which implemented additional r6quirements
Council adopted
of the Digital
Park
and re.codified the PEG Support Fee requirement at Subsection
5.24.200; and
WHEREAS,Section 5870(n) of the Public Utilities Gode states that
ordinance shall expire, and may be reauthorized, upon the expiration of
franchise; and
the state franchise for AT&
2,2018, and will also be renewed; and
the Cily's
C¡ty
PEG Support Fee is
wishes
as
$octlon L Recitals and Evidence. The above recitations are true and
nicþalCode is hereby reauthorized to the extent required by Section 5870(n)
of the California Public Utilities Code.
8ec{on 3. Amended, Section 5.24,240 of the Rohnert Park Code of Or.
dinances is amended to add the following Subpart 5 to Subsection B, to read
as follows:5. Notwithstanding Public Utilities Gode section 5870(n), upon the
expire pursuant to the terms of section 5780(n) of the Public
Utilities Code.
remaining provisions of Section 5,24.240 shall remain unchanged and
force and effect.
Secüon ¡f, Environmental Review. The Cig Councilfinds and
this Ordinance is not a project
effective March
T was recently
30, 2017, and
renewed by the
the statê franchise
15378 ofwithin the meaning of section
the California Environmentalfor lmplementation of Quality
Guidelines") because it has no potential for tn
that the adoption of this ordinance may have a significant
the environment.
for
to cause lhis
adopted by the Council
the City of Rohnert Park on
AYES: Four (4)
January 23,2018, by the following roll call vote:
30 days after its adoption, and shall be published and posted as
by law.
NOES: None
ABSENT: One
ABSTAIN: None
CITY OF ROHNERT PARK
Gouncilmembers Ahanotu, Belforte,
Mackenzie and Mayor Stafford
Vice Mayor Callinan
Pam Stafford
Mayor
(0)
(1)
(0)
JoAnne M, Buergler, City Clerk
ordinance shall exp¡re,and may be reauthorized, upon thg oxpiration of
franchise;
the state franchise for AT&T was recently
30, 2017, and
renewed by the
Utilities Commission,effective March the state franch tse
expires on January 2,2018, and will also be renewed; and
the City
PEG
Council wishes
the Support Fee IS
follows:
Soctlon L Recitals and Evidence. The above recitations are t¡ue
the extent required by Section
Secdon 3, Amended. Section 5,24.240 of the Rohnert Park Code of
is amended lo add the following Subpart 5 to Subsection B, to read
5.Notwithstanding Public Utilities Code section 5870(n), upon
further action
the
expiratiori of any state franchise,without any of
City Council, the PEG support fee set forlh in this subsection shall
be deemed to have been automatically reauthorized unless the
state franchise holder has given the City Manager and the City
Gouncil written notice at least sixty (60) days prior to the
expiralion of ¡ts state franchise that lhe PEG support fee will
expire pursuant to the terms of section 5780(n) of the Public
Utilities Gode.
rema¡ning provisions of Section 5.24.240 shall remain unchanged and in
force and effect.
Secüon ¿1. Environmental Review. The Cig Council finds and determines
that this 0rdinance is not a projectwithin the meaning ofseclion 15378 ofthe
for lmplementation of the Californ n Environ mental Quality
("cEQA G uidelines")because ¡t has no potential for resulti ng tn physical
change in
finds the
the environment,either directly or ultimately,The Council
approval of th¡s ordinance ts exempt under Section
the CEQA Guidelines because it can be seen with certainty that there
possibility that the adoption of this ordinance may have a significant
on the environment.
maining sections, paragraphs, sentences, clauses, or phrases,
Socüon 0. Effective Date. This ordinance shall be in full force and
fective 30 days after its adopt¡on, and shall be published and pQsted as
quirod by law.
Secüon 7. Publication. The 0ity Clerk is directed to cause this ordinance
to be published in the manne¡ required by law.
Thi¡ ordinance was introduced on January 9, 2018 and adopted by the Council
ofthe Gity of Rohnert Park on January 23,2018, by the following roll call vote:
AYES: Four (4)Councilmembers Ahanotu, Belforle,
Mackenzie and Mayor Stafford
Vice Mayor Callinan
NOES: None
ABSENT: One
ABSTAIN: None
(0)
(r)
(0)
CIÏY OF ROHNERT PARK
Pam Stafford
Mayor
M, Buergler, City Clerk
AS TO FORM @Michelle Marchetta Kenyon, City Attorney
Published: January 26, 2018
Community Voice