Report to Mayor and City Council
Tuesday, September 07, 2021
Consent
SUBJECT:
Title
CONSIDER AN UPDATE FROM THE LEGISLATIVE AD HOC COMMITTEE AND RECOMMENDATIONS FOR THE CITY COUNCIL TO CONSIDER SUPPORTING SENATE BILL 4 (GONZALEZ), ASSEMBLY BILL 14 (AGUIAR-CURRY) (CITY COUNCIL)
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I. SUMMARY
This item transmits an update from the Legislative Ad Hoc Committee to the City Council and asks the City Council to consider sending letters of support for Senate Bill 4 (Gonzalez) and Assembly Bill 14 (Aguiar-Curry). Should the City Council concur with some or all these recommendations then staff will transmit the advocacy letters (included as Exhibit 1) to Governor Newsom requesting his signature in favor of the bills.
The League of California Cities supports SB 4 and AB 14 and calls them a step in the right direction for California to ensure the continued collection of an essential source of broadband funding. These measures not only authorize the ongoing collection of the existing California Advanced Services Fund (“CASF”) surcharge but also make it easier for local agencies to access CASF grants. In addition to maintaining this essential funding opportunity, SB 4 and AB 14 would expand the definition of "unserved.” This change would increase eligibility for the CASF grants, which are currently reserved for areas with the slowest of all internet speeds, leaving out many communities where Californian’s struggle to stay connected with slightly faster but still obsolete speeds.
To reinforce the City of Carson’s opposition to SB 9, which would preempt local control over land-use and zoning pertaining to single family areas, staff developed a letter requesting Governor Newsom take a public position in opposition to and declare his intention to veto SB 9 prior to the September 14, 2021 Gubernatorial Recall Election. Due to the urgency of transmitting the letter as soon as possible, staff prepared the letter and asked each City Councilmember whether they wanted to have their signature added. All Councilmembers added their signatures, and the opposition letter was provided to the Governor’s Office on August 26, 2021.
II. RECOMMENDATION
Recommendation
1. SUPPORT SB 4 (GONZALEZ) and SUPPORT AB 14 (AGUIAR-CURRY)
2. AUTHORIZE staff to send the advocacy letters included as Exhibit 1.
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III. ALTERNATIVES
TAKE another action deemed appropriate by the City Council.
IV. BACKGROUND
Upon the recommendation of an Ad Hoc Committee consisting of Mayor Davis-Holmes and Mayor Pro Tempore Dear, the City Council approved an agreement with Kiley & Associates for federal legislative advocacy on January 26, 2021 and approved an agreement with Joe A. Gonsalves & Son for state of California legislative advocacy on March 2, 2021. Since then, the City Council and the Legislative Ad Hoc Committee have directed staff and our legislative advocates to identify bills that may impact the City of Carson and to recommend appropriate advocacy strategies. Preparing and transmitting these letters supports that effort.
Past and ongoing legislative efforts include preparing and submitting funding requests for priority City projects to Congresswoman Barragan, Assemblymember Mike Gipson, and Senator Diane Feinstein; collecting letters of support for City funding requests; developing and submitting letters of support/opposition on various legislation; and liaising with state and federal agencies including the Federal Emergency Management Agency, the United States Treasury, and the California Governor’s Office. In addition, at the recommendation of the Legislative Ad Hoc Committee, the City Council has recently taken positions on bills and sent advocacy letters on topics including local watershed boundaries, investor owned utility portfolios, zoning rules to ensure local control, wildfire mitigation, the use of positional asphyxia restraints by law enforcement, organic waste, a request for $10B of State funds being allocated to cities in California, solid waste management, electric vehicle charging, teleconferences for public meetings held by local agencies, and affordable housing. As part of the State of California budget process in summer 2021 and in response to the City of Carson’s advocacy, Assemblymember Mike A. Gipson successfully secured a $3M earmark from the State of California for the City’s ongoing project at Carriage Crest Park. Staff anticipates receiving the funding in September 2021.
City of Carson Letter to the Governor Opposing SB 9 (Atkins)
On August 26, 2021 the City’s State of California Legislative Advocate notified City staff that SB 9 had passed out of the Assembly and it would be likely to pass through the Senate for concurrence and then on to Governor Newsom for approval. To reinforce the City of Carson’s opposition to SB 9, which would preempt local control over land-use and zoning pertaining to single family areas, staff developed a letter requesting Governor Newsom take a public position in opposition to and declare his intention to veto SB 9 prior to the September 14, 2021 Gubernatorial Recall Election. Due to the urgency of transmitting the letter as soon as possible, staff prepared the letter and asked each City Councilmember whether they wanted to have their signature added. The opposition letter was provided to the Governor’s Office on August 26, 2021. A copy of the letter is included as Exhibit 2.
Staff will continue to monitor legislation and report to the Ad Hoc Committee and City Council for input and direction as needed. Summaries explaining specific elements of SB 4 and AB 14 are included below. Copies of the letters are included as Exhibit 1 for City Council consideration.
SUPPORT SB 4 (GONZALEZ) Communications: California Advanced Services Fund: deaf and disabled telecommunications program: surcharges
This bill would ensure the continued collection of an essential source of broadband funding through the CASF and require the Governor's Office of Business and Economic Development to coordinate with other relevant state and local agencies and national organizations to explore ways to facilitate streamlining of local land use approvals and construction permit processes for projects related to broadband infrastructure deployment and connectivity. It would also support providing telecommunications devices at a reduced cost for individuals who are deaf or hard of hearing.
SUPPORT AB 14 (Aguiar - Curry) Communications: broadband services: California Advanced Services Fund
Current law establishes the State Department of Education in state government and vests the department with specified powers and duties relating to the state’s public school system. This bill would authorize local educational agencies to report to the department their pupils’ estimated needs for computing devices and internet connectivity adequate for at-home learning. The bill would require the department, in consultation with the Public Utilities Commission, to compile that information and to annually post that compiled information on the department’s internet website. Additionally, AB 14 would create a Broadband Bond Financing and Securitization Account to fund broadband infrastructure deployment by local governments. These funding opportunities would allow local governments to continue to play a vital role in deploying broadband infrastructure in their communities. This measure would also take important steps to address local education agencies' connectivity needs, increase service plan transparency by internet service providers, and ensure anchor institutions are eligible for CASF funding.
V. FISCAL IMPACT
There are no direct fiscal impacts associated with this item however the City’s legislative advocacy efforts are intended in part to secure grant funding.
VI. EXHIBITS
1. Proposed Advocacy Letters (pgs. 5 - 8)
2. Letter to Governor Newsom Opposing SB 9 (Atkins) (pgs. 9 - 10)
Prepared by: Sharon Landers, City Manager and Michael George, Assistant to the City Manager