Loading...
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.