Cotati City
CA

Ordinance
871

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COTATI REAUTHORIZING THE PUBLIC, EDUCATIONAL, AND GOVERNMENT (PEG) FEE ON
STATE CABLE FRANCHISEES OPERATING WITHIN THE CITY AND AMENDING SECTION 5.22.115 OF THE COTATI MUNICIPAL CODE

Information

Department:City ManagerSponsors:
Category:Financial Stability (Vision for Cotati)

Attachments

  1. Printout

Body

WHEREAS, the City Council previously adopted Section 5.22.115 of the Cotati Municipal Code (“CMC”), which imposes a public, educational, and governmental (“PEG”) fee on state cable franchisees operating within the City as authorized in the Digital Infrastructure and Video Competition Act of 2006; and

 

WHEREAS, Section 5870(n) of the California Public Utilities Code states that a PEG fee ordinance must be reauthorized upon expiration of an applicable state franchise; and

 

WHEREAS, AT&T California (“AT&T”) operates within the City under a state franchise that expired on March 30, 2017; and

 

WHEREAS, the City Council wishes to adopt an ordinance expressly declaring that the City’s PEG fee is reauthorized and amending CMC Section 5.22.115; and

 

WHEREAS, the City Council introduced the proposed ordinance at a duly noticed public hearing on April 11, 2017; and

 

WHEREAS, the proposed ordinance is categorically exempt from environmental review pursuant to California Environmental Quality Act (“CEQA”) Guidelines Section 15061(b)(3) in that neither Ordinance, nor their implementation, would foreseeably have any significant effect on the environment.

 

NOW THEREFORE THE CITY COUNCIL OF THE CITY OF COTATI DOES ORDAIN AS FOLLOWS:

 

Section 1.              PEG Fee Reauthorization.

The City’s PEG channel facilities fee authorized in Section 5.22.115 of the Cotati Municipal Code is hereby reauthorized to the extent required by Section 5870(n) of the California Public Utilities Code.

Section 2.              Addition of Subsection (D) to Section 5.22.115 of the Cotati Municipal Code.

CMC Section 5.22.115 shall be amended to add the following Subsection (D) to read as follows:

D.              Notwithstanding subdivision (n) of Public Utilities Code Section 5870, upon the expiration of any state franchise, without any action of the City Council, this section shall be deemed to have been automatically reauthorized unless the state franchise holder has given the City Council and City Manager written notice sixty (60) days prior to the expiration of its state franchise that this section will expire pursuant to the terms of subdivision (n) of Public Utilities Code Section 5870.

The remaining provisions of Section 5.22.115 shall remain unchanged and in full force and effect.

Section 3.              Severability. 

The provisions of this Ordinance are severable and if any provision, clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts thereof of the ordinance or their applicability to other persons or circumstances.

Section 4.               Effective Date. 

This Ordinance shall take effect and be in force thirty (30) days following its adoption.

Section 5.              Publication or Posting. 

The City Clerk of the City of Cotati shall cause this Ordinance to be published or posted as required in Section 36933 of the Government Code of the State of California.

Meeting History

Apr 11, 2017 7:00 PM Audio/Video Cotati City Council Regular Meeting
RESULT:INTRODUCED [UNANIMOUS]
MOVER:Wendy Skillman, Councilmember
SECONDER:John C. Moore, Council Member
AYES:Wendy Skillman, John C. Moore, John A. Dell'Osso, Susan Harvey, Mark Landman
Apr 25, 2017 7:00 PM Audio/Video Cotati City Council Regular Meeting
RESULT:ADOPTED [UNANIMOUS]
MOVER:John A. Dell'Osso, Council Member
SECONDER:Wendy Skillman, Councilmember
AYES:Wendy Skillman, John A. Dell'Osso, Susan Harvey
ABSENT:John C. Moore, Mark Landman

Discussion