HomeMy WebLinkAboutOrdinance 2383 N.C.S. 08/02/20101
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EFFECTIVE DATE
OF ORDINANCE
August 2, 2010
Introduced by
Mike Healy
ORDINANCE NO. 2383 N.C.S
Seconded by
Tiffany Ren6e
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
AMENDING CHAPTER 14.48 OF TITLE 14 OF THE PETALUMA MUNICIPAL CODE, RELATING TO
REGULATIONS FOR THE PROVISION
OF VIDEO SERVICE BY STATE FRANCHISE HOLDERS
WHEREAS, the Petaluma City Council has enacted Chapter 14.48 of the Petaluma
Municipal Code to regulate the provision of video services within the City, pursuant to the Digital
Infrastructure and Video Competition Act of 2006, California Public Utilities Code section 5800 et
seq, ("DIVCA"); and,
WHEREAS, subdivision (n) of section 5840 of DIVCA provides that local agencies may
establish a fee of 1 to support Public, Educational and Governmental ("PEG") channel
facilities, and that local agencies that on December 31, 2006 had a PEG fee in excess of 1% may
impose a PEG fee of that same amount, up to a maximum of 3%, to take effect on the
expiration of the local cable franchise; and,
WHEREAS, paragraph (c) of section 14,48.025 of the Petaluma Municipal Code
establishes a PEG fee of 1 % becoming effective on August 20, 2010, when the local cable
franchise expires; and,
WHEREAS, on December 31, 2006, the Petaluma PEG fee was equal to 1.24% of
franchisee's gross revenues; and,
WHEREAS, the City Council of the City of Petaluma hereby finds that the immediate
preservation of the public peace, health, ana safety require maintaining the ongoing benefits of
Public, Educational and Governmental programming for the Petaluma Community including
coverage of meetings of City boards and other important benefits, and maintenance of critical
revenue to fund such programming that otherwise will be eliminated upon the expiration of the
City's local cable franchise on August 20, 2010; and,
WHEREAS, Article XII, Section 76A of the Petaluma Charter provides that an urgency
ordinance may be adopted and take immediate effect upon the unanimous vote of the
Council members present at the meeting.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PETALUMA ORDAINS AS FOLLOWS:
SECTION 1. Paragraph C of section 14.48,025 of the Petaluma Municipal Code entitled Public,
Educational, and Government Channels is hereby amended to read as follows;
Ordinance No. 2383 N.C.S.
Page 1
1 C. Commencing August 20, 2010, any state franchise holder shall remit to the City a fee to
2 support PEG channel facilities in the amount of one and twenty-four/ 1 00ths percent
3 (1.24%) of the gross revenues of the state franchise holder in compliance with California
4 Public Utilities Code section 5870. All revenue collected pursuant to this fee shall be
5 deposited in a separate fund and shall only be expended for the purpose of supporting
6 PEG channel facilities.
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8 SECTION 2. Except as amended pursuant to Section 1, Chapter 14.48 of the Petaluma Municipal
9 Code remains unchanged and in full force and effect.
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11 SECTION 3. Severability. The provisions of this Ordinance are severable and if any provision,
12 clause, sentence, word or part thereof is held illegal, invalid, unconstitutional, or inapplicable to
13 any person or circumstances, such illegality, invalidity, unconstitutionality, or inapplicability shall
14 not affect or impair any of the remaining provisions, clauses, sentences, sections, words or parts
15 thereof of this Ordinance or their applicability to other persons or circumstances.
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17 SECTION 4. Effective Date. This Ordinance of the City of Petaluma shall be immediately
18 effective upon a unanimous vote of the Council members present in accordance with Article
19 XII, Section 76-A of the Petaluma Charter.
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21 SECTION 5. Publication, The City Clerk is hereby directed to post and/or publish this ordinance
22 or a synopsis of this ordinance for the period and in the manner required by the City Charter.
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24 INTRODUCED, ADOPTED AND ORDERED posted/published this 2nd day of August, 2010
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26 Ayes: Barrett; Vice Mayor Glass; Healy; Rabbitt; Ren6e; Mayor Torliatt
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28 Noes: None
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30 Abstain: None
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32 Absent: Harris
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34 Pamela Torliatt, Mayor
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37 ATTEST: APPROVED AS TO FORM:
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41 Claire Cooper, City Clerk Leslie Thomsen, Assistant City Attorney
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Ordinance No. 2383 N.C.S. Page 2