CC Resolution 12521RESOLUTION NO. 12521
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING
A FEE SCHEDULE FOR THE REGULATION OF SMALL CELL WIRELESS
FACILITIES TO BE PLACED IN THE PUBLIC RIGHT OF WAY
WHEREAS, over the years, City departments have proposed, and the City
Council has adopted various fees relating to their work; and
WHEREAS, the City Council plans to standardize the City's permit process and
fees related to small cell wireless facilities in the public right-of-way in the adoption of
Chapter 11.14 of the Campbell Municipal Code; and
WHEREAS, small cell wireless facilities in the public right-of-way include
installations of such facilities on city -owned poles and utility -owned poles; and
WHEREAS, the City's Public Works Department expends a great deal of staff
time and costs in processing permit applications for small cell wireless installations, as
well as in administering such facilities; and
WHEREAS, on October 15, 2018, the Federal Communication Commission
(FCC) published the Declaratory Ruling and Third Report and Order in the Matter of
Accelerating Wireless Broadband Deployment by Removing Barriers to Infrastructure
Investment (the FCC Ruling). The FCC Ruling, among other things, provided that fees
imposed by cities as part of the regulation of small wireless facilities must be: (1) a
reasonable approximation of the city's costs, (2) based only on objectively reasonable
costs, and (3) no higher than the fees charged to similarly -situated competitors in similar
situations.
WHEREAS, the City Council wishes to set fees related to licensing, permitting,
and administering small cell wireless facilities in the City's public right-of-way consistent
with applicable laws, and City rules, guidelines, and standards; and
WHEREAS, the proposed Small Cell Wireless Facilities Fee Schedule has been
prepared by City staff after approximating the objectively reasonable costs associated
with licensing, permitting, and administering the small cell wireless facilities in the City's
public right-of-way to similarly -situated providers of wireless telecommunications
services; and
WHEREAS, the creation of a funding mechanism is not a project as defined by
the California Environmental Quality Act; and
WHEREAS, a public hearing was held by the City Council of the City of Campbell
on November 5, 2019 providing an opportunity for interested members of the public to
make oral and/ or written presentations to the City Council regarding the proposed
Small Cell Wireless Facilities Fee Schedule; and
NOW THEREFORE, BE IT RESOLVED, that the foregoing recitations are true
and correct, and are included herein by reference as findings.
BE IT FURTHER RESOLVED that the City Council hereby finds and declares
that the proposed fees in the Small Cell Wireless Facilities in the Public Right -of -Way
Fee Schedule are: (1) a reasonable approximation of and do not exceed the City's costs
associated with regulating small cell wireless facilities, (2) based on objectively
reasonable costs, and (3) are no higher than the fees charged to similarly -situated
competitors in similar situations.
BE IT FURTHER RESOLVED, that the City Council hereby adopts the attached
Small Cell Wireless Facilities in the Public Right -of -Way Fee Schedule, subject to
increases as shown in the attached Exhibit A to this Resolution to recover the
objectively reasonable costs incurred by the City related to small wireless
communication facilities in the City's public right-of-way and in accordance with City
rules and policies adopted by the City Council. These fees may be incorporated and
added to the City's Master Fee Schedule.
PASSED AND ADOPTED this 5th day of November 2019, by the following roll call vote:
AYES: Councilmembers: Resnikoff, Bybee, Gibbons, Landry, Waterman
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPR E
I
Richard M.'Waterman, Mayor
ATTEST:
ljj, -B".J
Wendy o d, City Clerk
EXHIBIT A
SMALL CELL WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY
FEES SCHEDULE
For Attachments to City -Owned Poles
1. Annual License Fee Per Pole
a. Initial Fee: $270 per City Pole
b. Annual Increases: The License Fee shall increase annually on the first
anniversary of the Effective Date of the Pole License at the rate of Three Percent
(3%)
c. Additional administrative fees and costs related to inspecting Licensee's
Equipment or License Area related to this License will be charged at the following
hourly rates: $230/hour.
2. Small Cell Wireless Facilities Permit Application Fee
a. Small Cell Wireless Facilities Permit Application Fee - a minimum of $8,000 for
35 hours of staff time.
b. Any additional actual costs relating to reviewing and processing the Permit
Application will be charged at the following hourly rates: $230/hour. This fee includes
but not limited to plan check, inspection and traffic control plan review.
3. Master License Administrative Fee - $8,000
For Attachments to Utility -Owned Poles
1. Permit Application Fee — $574 per application.
2. Plan Check & Inspection Fee
a. A minimum of $3,673 for 16 hours of staff time.
b. Any additional actual costs will be charged at the following hourly rates:
$230/hour.
c. Traffic Control Plan Review
i. Minor (Lane Closures) - $230
ii. Major (Detours) - $918
Annual Increases: All Permit Application, Plan Check & Inspection fees and staff hourly
rates are subject to annual increases and adjustment based on a determination of the
actual and reasonable costs relating to the processing of the Permit Application, and/or
based on Council resolution and approved fee schedule.