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CC Resolution 13053 - Adopting a Fee Schedule for wireless communication facilitiesRESOLUTION NO. 13053 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAMPBELL ADOPTING A FEE SCHEDULE FOR THE REGULATION OF 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 all wireless facilities in the public right-of-way (other than small cell wireless facilities) in the adoption of Chapter 11.13 of the Campbell Municipal Code, as well as for small cell wireless facilities as provided in Chapter 11.14 of the Campbell Municipal Code; and WHEREAS, wireless facilities in the public right-of-way include installations of such facilities on poles owned and controlled by the City, as well as on utility -owned poles; and WHEREAS, the City's Public Works Department expends a great deal of staff time and costs in processing Wireless Facility Permit applications for wireless installations, as well as in administering such facilities; and WHEREAS, on November 5, 2019, the City Council adopted Resolution 12521 adopting a Fee Schedule for the City's costs related to small cell wireless communication facilities pursuant to Chapter 11.14 of the Campbell Municipal Code; and WHEREAS, the City Council now wishes to set fees related to licensing, permitting, and administering of all wireless facilities in the City's public right-of-way (and not just. small cells) consistent with applicable laws, and City rules, guidelines, and standards; and WHEREAS, the proposed Wireless Facilities Fee Schedule has been prepared by City staff after approximating the objectively reasonable costs associated with licensing, permitting, and administering the wireless facilities in the City's public right-of-way; and WHEREAS, the creation of a funding mechanism is not a project as defined by the California Environmental Quality Act; and WHEREAS, notice of the meeting concerning the proposed fees was duly noticed by publication and a public hearing was held by the City Council of the City of Campbell on September 19, 2023 providing an opportunity for interested members of the public to make oral and/or written presentations to the City Council regarding the proposed Wireless Facilities Fee Schedule, in accordance with Government Code sections 66018 and 6062a; 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 Wireless Facilities in the Public Right -of -Way Fee Schedule are a reasonable approximation of the City's costs associated with regulating facilities and are based on objectively reasonable costs. BE IT FURTHER RESOLVED, that the City Council hereby rescinds Resolution 12521 and adopts the attached 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 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 19th day of September, 2023, by the following roll call vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ATTEST: Lopez, Scozzola, Furtado, None None ,- " 4 " -A-. Andrea Sanders, Fty Clerk APPROVED: Landry, Bybee Anne Bybee, Mayor EXHIBIT A . WIRELESS FACILITIES IN THE PUBLIC RIGHT-OF-WAY FEES SCHEDULE For Wireless Facilities on 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: $267/hour, adjusted annually. 2. Wireless Facility Permit Fee - $9,879 This fee includes costs relating to reviewing, processing, plan check, and inspection. 3. Traffic Control Plan Review a. Minor (Lane Closures) - $267 per review b. Major (Detours) - $1,068 per review. 4. Master License Administrative Fee- $8,000 5. Administrative Site and Architectural Review Permit (see Planning Fees) For Wireless Facilities on Utility -Owned Poles 1. Wireless Facility Permit Fee — $5,874 This fee includes costs relating to reviewing, processing, plan check and inspection 2. Traffic Control Plan Review a. Minor (Lane Closures) - $267 per review b. Major (Detours) - $1,068 per review. Note: All fees are subject to annual adjustment