City of Gonzales
CITY ATTORNEY
STAFF REPORT
TO: Honorable Mayor Rios and City Council
DATE: October 3, 2022
FROM: Michael Rodriquez, City Attorney
THROUGH: Carmen Gil, Interim City Manager
SUBJECT: Resolution No. 2022-72 Approving an Amendment to the Joint Exercise of Powers Agreement for the South Salinas Valley Broadband Authority
RECOMMENDATION
It is recommended that the City Council Adopt Resolution No. 2022-72, A Resolution of the City Council of the City of Gonzales Approving an Amendment to the Joint Exercise of Powers Agreement for the South Salinas Valley Broadband Authority.
BACKGROUND
On or around May 27, 2022, the Cities of Gonzales, King City, Greenfield and Soledad and Monterey County approved the Joint Exercise of Powers Agreement (JPA) creating the South Salinas Valley Broadband Authority (“Authority”). The purpose of the Authority is to “maximize funding for the purpose of bringing broadband services as a utility available to all residents within the Authority’s jurisdiction, especially for unserved, underserved, and disadvantaged communities, at a low cost.” This goal is to be accomplished by creating an Open Access Broadband Network (“OABN”) and launching a broadband outreach program to provide service with established standards for connectivity.
REVIEW & ANALYSIS
One of the outstanding issues left for further consideration and action in the JPA was the means by which the Authority would obtain property interests for the construction, improvement, operation, and maintenance of fiber-optic lines and other broadband infrastructure within the jurisdiction of each party.
Once such interests are established, it will be easier for the Authority to contract with a single entity or public entity (another Authority) to construct and operate OABNs within the boundaries of the Authority.
AGENDA
ITEM
6 The Authority has proposed an amendment to the JPA, subject to individual JPA party approval, that would modify the JPA in the following way:
1. Each Party to the JPA will grant a license to the Authority to construct, improve, operate and maintain fiber-optic lines and other broadband infrastructure; and
2. Each Party to the JPA will collaborate with the Authority and any sublicensees in good faith to streamline issuance of any permits or authorizations necessary for construction, improvement, or maintenance of broadband infrastructure, and
3. Upon the request by the Authority or any sublicensee, each Party shall cooperate with the Authority or sublicensee to review plans for the proposed network infrastructure in order to identify any potential constraints to the timely and efficient construction and operation of the network.
Notwithstanding the foregoing provisions, construction of broadband infrastructure would still require obtaining an encroachment permit or similar authorization subject to reasonable processing fees and costs.
How Recommendation Supports the Vision
Gonzales will continue to be a safe, clean, family-friendly community, diverse in its heritage, and committed to working collaboratively to preserve and retain its small town charm.
Explain: Facilitating the construction of broadband services will provide enhanced opportunities for all South Salinas Valley residents, including but not limited to unserved, underserved and disadvantaged individuals.
Explain how the Recommendation Directly Implements the Mission The City Council and Staff of the City of Gonzales will realize our Vision by providing the leadership, commitment and resources necessary to provide excellent services that enhance the quality of life of our diverse community. X Yes ____ No____ N/A
Explain: Providing broadband services to all residents will enhance the South Salinas Valley community’s quality of life, providing access to a broad range of educational, informational, and consumer related resources.
City services will be delivered in a cost-effective, respectful and friendly manner to insure the safety and well being of the residents and the promotion of business, recreational, housing and employment opportunities in an environmentally sustainable manner. X Yes ____No ____ N/A Explain: See Vision explanation above.
Strong fiscal policies allow us to provide appropriate infrastructure for:
• Public Safety X Yes No N/A
• Housing Yes No X N/A
• Recreation X Yes No N/A
• Environment X Yes No N/A
• Education X Yes No N/A
Explain: See Vision above.
ALTERNATIVES
1. Do not approve the proposed JPA amendment.
2. Amend or modify staff recommendation.
BUDGET IMPACT
There is no direct financial impact to the City from the proposed action.
CONCLUSION
It is recommended that the City Council Adopt Resolution No. 2022-72, A Resolution of the City Council of the City of Gonzales Approving an Amendment to the Joint Exercise of Powers Agreement for the South Salinas Valley Broadband Authority.
Attachments:
1. Resol 22-72 with SSVBA JPA Amendment