MEETING DATE:
JUNE 28, 2016
SUBJECT:
Title
RESOLUTION NO. 2016-8129 - LEGISLATIVE REPORT
Body
Recommendation
Recommendation
ADOPT a resolution taking a position on one bill pending in the State Legislature.
Body
Board or Commission Action
Not applicable
Relevant Council Strategic Theme
Planning for the Future
Good Governance
Relevant Department Goal
Support a focused legislative program that ensures the interests of San Marcos residents and businesses are protected and/or enhanced.
Introduction
The City Council adopted Legislative Procedures and the 2016 Legislative Platform to guide the consideration of state and federal bills that affect City operations. In keeping with that direction, this report provides an update on legislative activity and bills with an approved City position. It also makes a recommendation on one legislative position.
Discussion
The State Legislature passed the state budget on June 15, and the summer recess begins on July 1. Legislators return on August 1 for a busy month where all bills must be passed by August 31. The Governor then has until September 30 to sign or veto those bills.
While staff and the City’s legislative advocates have a better idea of which bills are likely to move forward this year, this is also the time period when bills may go through the “gut and amend” process in which the entire contents of the bill are removed and replaced with entirely different provisions. Staff will keep you updated in future Legislative Reports on the status of bills with an approved City position, and may request additional positions on legislation as they move through the final amendment process.
Staff recommends that the City Council take the following position on active legislation:
AB 2788 (Gatto, D-Burbank) - Wireless telecommunications facilities - OPPOSE
AB 2788 was a “gut and amend” bill that was about a completely different topic when it was introduced. In its new form, this bill would require cities to lease or license publicly-owned facilities for the installation of “small cell” wireless telecommunications facilities. AB 2788 would make these facilities “by-right” without any public review or input from the city and would impose arbitrary and unreasonable time limits for the issuance of permits. By completely eliminating local review authority, cities would be powerless to stop providers from installing unsightly facilities on multiple poles for multiple carriers next to each other, including in front of residents’ homes. Additionally, this bill only allows for a reasonable permit fee, which may preclude cities from charging any rent payments for the use of city infrastructure.
Additional information about this proposal can be found in Attachment A.
Fiscal Impact
Unknown fiscal impacts are associated with the bills in Attachment A. A more thorough analysis of each bill’s implementation requirements is needed to demonstrate total fiscal impact.
Attachment(s)
Attachment A: Resolution 2016-XXXX
Attachment B: Status and analysis of legislation
Prepared by: Michael Gordon, Management Analyst
Approved by: Jack Griffin, City Manager