To: Board of Supervisors
Department or Agency Name(s): Economic Development Board
Staff Name and Phone Number: Lauren Cartwright (707) 565-7298
Vote Requirement: Majority
Supervisorial District(s): Countywide
Title:
Title
Ordinance for Broadband Infrastructure Property Grants and Licenses (Government Code 25526.6) - Second Reading
End
Recommended Action:
Recommended action
Adopt an uncodified ordinance to delegate authority to the Director of Public Infrastructure to grant certain licenses and permits needed for broadband infrastructure, in accordance with Government Code section 25526.6. (Second Read; Adopt)
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Executive Summary:
On August 1, 2023, staff presented a report and recommendations for broadband infrastructure implementation options. One of the options included a proposed Memorandum of Understanding with Golden State Connect Authority (GSCA), to allow permanent use of County right of way and certain other County properties in conjunction with GSCA’s proposed Open Access Broadband Network in the county. The MOU calls for the County to grant needed licenses to allow for GSCA to install broadband infrastructure in County-held properties, including for yet-determined properties in the future.
In order to enable the granting of such licenses under the MOU, your Board adopted a resolution introducing, reading the title of, and waiving further reading of an uncodified ordinance to delegate authority to the Director of Public Infrastructure to grant licenses and permits to the state, or to any county, city, district, or public utility corporation, for use of any County real property for purposes of any broadband infrastructure network or project, in accordance with Government Code section 25526.6.
Discussion:
On August 1, 2023, the Board of Supervisors voted to approve a Memorandum of Understanding (MOU) between the County of Sonoma and Golden State Connect Authority (GSCA), to allow permanent use of County right of way and certain other County properties in conjunction with GSCA’s proposed Open Access Broadband Network in Sonoma County.
Under GSCA’s Open Access Network model, GSCA would build, own, and operate broadband infrastructure in Sonoma County. One of the requirements of participation in this network is to provide GSCA licenses and other permits to install and maintain broadband infrastructure in County-owned or -controlled properties. Like other utilities, infrastructure will need to be deployed throughout the targeted areas using existing streets, roadways, and other County-controlled rights-of-way and property.
The approved MOU gives GSCA a general allowance to utilize County-controlled rights-of-way and other properties, akin to a franchise agreement and incorporating provisions normally required for all right of way encroachments.
Specific uses of County properties by GSCA would be subject to subsequent County approval. Those approvals will be pursuant various authorities, depending on the type of property involved. Under the Streets and Highways Code and Sonoma County Code Section 15-8 et seq., written permission may be given for use of County right-of-way, subject to terms and conditions imposed by the County. As to properties other than rights-of-way, Government Code section 25526.6 allows the County to delegate authority to a department director to grant or convey licenses and permits for use of any County real property, upon certain findings being able to be made by the Director of Sonoma County Public Infrastructure. Such delegations of authority are required to be authorized by ordinance.
The ordinance was introduced, title read, and further reading waived on August 1, 2023. This item constitutes the second reading and seeks final approval and adoption of the ordinance.
The approved MOU with GSCA will be executed after effectiveness of the proposed Ordinance.
Strategic Plan:
This item directly supports the County’s Five-year Strategic Plan and is aligned with the following pillar, goal, and objective.
Pillar: Resilient Infrastructure
Goal: Goal 4: Implement countywide technological solutions to promote resiliency and expand community access.
Objective: Objective 2: Leverage existing fiber optic infrastructure and grant opportunities to expand wireless and broadband access across County.
Racial Equity:
Was this item identified as an opportunity to apply the Racial Equity Toolkit?
No
Prior Board Actions:
8/1/23: Introduction and Waiving of Further Reading of Uncodified Ordinance Authorizing The Director Of Public Infrastructure To Grant Certain Rights for Broadband Infrastructure (Reso. 23-0395)
8/1/23: Broadband Infrastructure Implementation Presentation <https://sonoma-county.legistar.com/LegislationDetail.aspx?ID=6300680&GUID=E48B6D69-DA07-4DFF-9B7F-E8F3E99F4FE8&Options=&Search=> (Item No. 2023-0867)
Fiscal Summary
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Narrative Explanation of Fiscal Impacts:
There are no fiscal impacts associated with the adoption of this ordinance. Fiscal impacts of the broadband program are and will be addressed in items discussing implementation.
Narrative Explanation of Staffing Impacts (If Required):
N/A
Attachments:
Broadband Infrastructure Uncodified Ordinance
Golden State Connect Authority Open Access Network Memorandum of Understanding
Related Items “On File” with the Clerk of the Board:
None