HomeMy WebLinkAboutCM Termination of the Marin Telecommunications Agency1
ORDINANCE NO. 1984
AN ORDINANCE OF THE CITY OF SAN RAFAEL PROVIDING FOR THE TERMINATION OF
THE MARIN TELECOMMUNICATIONS AGENCY AND REPEALING THE
TELECOMMUNICATIONS ORDINANCE CODIFIED IN CHAPTER 10.74 OF THE SAN RAFAEL
MUNICIPAL CODE
WHEREAS, in 1997, the City Council of the City of San Rafael adopted Ordinance No.
1719, approving an Agreement of Formation of the Marin Telecommunications Agency (“MTA”),
a California joint powers agency pursuant to the provisions of Title 1, Division 7, Chapter 5 of the
Government Code (commencing with Section 6500), and adding Chapter 10.74 to the San Rafael
Municipal Code.
WHEREAS, the current member agencies of the MTA are: the Cities of Belvedere, Mill
Valley, Sausalito, and San Rafael, the Towns of Corte Madera, Fairfax, Ross, San Anselmo, and
Tiburon, and the County of Marin (“MTA Member Agencies”).
WHEREAS, in 2006 the California Legislature approved, and the Governor enacted the
Digital Infrastructure and Video Competition Act of 2006 (“DIVCA”), creating a process for the
issuance of franchises by the California Public Utilities Commission and superseding locally
issued franchises.
WHEREAS, subsequent to the adoption of DIVCA and other changes to state and federal
law further limiting the ability of local governments to regulate telecommunications facilities, the
MTA no longer takes the active policy role that it did prior to the adoption of DIVCA.
WHEREAS, the MTA Member Agencies find it desirable to terminate the MTA and
delegate its duties to the Marin General Services Agency (“MGSA”), a California joint powers
authority that was formed on October 1, 2005, by the City of Belvedere, Town of Corte Madera,
Town of Fairfax, City of Larkspur, City of Mill Valley, City of Novato, Town of Ross, Town of San
Anselmo, City of San Rafael, City of Sausalito, Town of Tiburon, County of Marin, Bel Marin Keys
Community Services District, and Marinwood Community Services District.
WHEREAS, Paragraph 13 of the Agreement of Formation of the MTA provides that the
MTA may be terminated by the enactment of an ordinance in substantially identical form by the
majority of the MTA Member Agencies specifying such termination, with each such ordinance
being adopted within no more than ninety days of each other. Upon such action, the MTA will be
deemed terminated.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
ORDAIN AS FOLLOWS:
Section 1. Recitals. The above recitals are true and correct and are hereby incorporated by
reference.
Section 2. Termination of MTA. Pursuant to Paragraph 13 of the Agreement of Formation, the
City Council declares that this Ordinance is intended to serve to terminate the Agreement of
Formation and the MTA.
Item 4.c
May 4, 2020
2
Section 3. Repeal of Chapter 10.74 as of Operative Date. Chapter 10.74,
“Telecommunications,” of the San Rafael Municipal Code is hereby repealed, effective as of the
Operative Date. The repeal of Chapter 10.74 shall not affect the City’s consent to the termination
of the Marin County Cable Rate Regulation Joint Powers Agency (“MCCRRJPA”) or the actual
termination of MCCRRJPA, as provided for in Division 2 of Ordinance No. 1719.
For purposes of this section, the “Operative Date” shall mean the later of the following two dates:
(1)July 1, 2020; or (2) the date upon which a majority of the MTA Member Agencies has adopted
a resolution authorizing the MGSA to collect franchise and PEG access fees and to exercise all
powers and functions associated with DIVCA, as well as an ordinance of termination substantially
identical in form pursuant to Paragraph 13 of the Agreement of Formation of the MTA and such
ordinance of termination has become effective.
Section 4. Effective Date and Publication. This Ordinance shall be published once, in full or
in summary form, before its final passage, in a newspaper of general circulation, published, and
circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its
final passage. If published in summary form, the summary shall also be published within fifteen
(15)days after the adoption, together with the names of those Councilmembers voting for or
against same, in a newspaper of general circulation published and circulated in the City of San
Rafael, County of Marin, State of California.
GARY O. PHILLIPS, Mayor
ATTEST:
LINDSAY LARA, City Clerk
The foregoing Ordinance No. 1984 was introduced at a regular meeting of the City Council
of the City of San Rafael, held on the 20th day of April 2020 and was ordered passed to print by
the following vote, to wit:
AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
3
And will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 4th day of May 2020.
LINDSAY LARA, City Clerk
SUMMARY OF ORDINANCE NO. 1984
AN ORDINANCE OF THE CITY OF SAN RAFAEL TERMINATING THE MARIN
TELECOMMUNICATIONS AGENCY AND REPEALING CHAPTER 10.74 OF THE
SAN RAFAEL MUNICIPAL CODE
This Summary concerns a proposed ordinance of the City of San Rafael, designated as
Ordinance No. 1984, which will amend the Chapter 10.74 of the San Rafael Municipal Code.
Ordinance No. 1984 is scheduled for adoption by the San Rafael City Council at its regular meeting
of May 4, 2020. The City Clerk has been directed to publish this Summary pursuant to City Charter
and California Government Code section 36933(c)(1).
SUMMARY OF AMENDMENT TO MUNICIPAL CODE
The Ordinance will formalize the City’s consent to dissolution of the Marin
Telecommunications Agency and will repeal Chapter 10.74 of the San Rafael Municipal Code, the
City’s Telecommunications Ordinance. The Marin Telecommunications Agency (MTA) was
formed in 1997 as a Joint Powers Authority (JPA) with the adoption of a “Telecommunications
Ordinance” by each of its member agencies. The original purpose of MTA was to negotiate local
franchises for all types of telecommunications facilities; however, in 2006, the State of California
passed the Digital Infrastructure and Video Competition Act (DIVCA), which preempted local
cable television franchises and moved cable television providers to a state franchise system. This
regulatory change significantly reduced MTA’s responsibility, leaving it with a largely
administrative role. The MTA Board of Directors has recommended dissolving the agency and
transitioning its functions to the Marin General Services Agency. Not only will this new structure
be more efficient, but it also has the potential to increase revenue to the City of San Rafael.
Copies of Ordinance No. 1984 will be available for public review online on Thursday at
www.cityofsanrafael.org/public-meetings as of Thursday, April 30, 2020.You may also contact
the City Clerk at (415) 485-3066.
________________________________
LINDSAY LARA
San Rafael City Clerk
Dated: 4/23/2020