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Home My WebLink AboutCC Res 6963 2019-10-14 RESOLUTION 6963 ' A RESOLUTION OF THE SEAL BEACH CITY COUNCIL ESTABLISHING ADMINISTRATIVE FEES APPLICABLE TO SMALL WIRELESS FACILITY PERMITS AND ELIGIBLE FACILITY PERMITS IN THE PUBLIC RIGHTS- OF-WAY AND AMENDING THE CITY'S COMPREHENSIVE COST RECOVERY SCHEDULE WHEREAS, Ordinance 1677 and Resolution 6894 authorize the establishment of administrative fees applicable to processing and administering permits for small wireless facilities and eligible facilities in the public rights-of-way in the City of Seal Beach pursuant to Chapter 6.10 of Title 6 of the Seal Beach Municipal Code; and require that applicants for small wireless facilities and eligible facilities submit payment of such fees as part of the permit application process; and WHEREAS, on September 27, 2018, the Federal Communications Commission ("FCC") issued a Declaratory Ruling and Third Report and Order which establishes fee amounts that are deemed to be presumptively fair and reasonable recurring and non-recurring compensation to be paid by small wireless facility applicants and permittees, effective January 14, 2019; and WHEREAS, the Ruling and Order provides that the fee amounts approved by the FCC for small wireless facilities may be exceeded upon the City finding that the higher amounts nevertheless represent all of the following: (a) "a reasonable approximation of costs"; and (b) "those costs themselves are reasonable', and (c) "are non-discriminatory"'; and ' WHEREAS, on June 24, 2019, pursuant to Resolution 6930, the City Council adopted the Amended and Restated FY 2019 - 2020 Cost Recovery Schedule establishing new fees and charges for goods, services, and facilities provided by the City, based on a comprehensive fee study carried out by Matrix Consulting Group as restated and adjusted June 24, 2019 ("Fee Study'). The Fee Study establishes the fully-burdened costs to the City in providing various municipal services, by category. The Fee Study is on file with the City Clerk's office and incorporated herein by this reference; and WHEREAS, on or about June 23, 2019 the City carried out a supplemental cost of service analysis to evaluate the fully-burdened costs for the City's review, analysis and processing of applications for small wireless facilities and eligible facilities; and WHEREAS, the City Council desires to amend the FY 2019 - 2020 Cost Recovery Schedule to establish small wireless facility ("SWF") administrative fees and eligible facilities ("EF") administrative fees for wireless communications facility permits under Ordinance 1677 and Resolution 6894, and WHEREAS, on October 14, 2019, the City Council conducted a duly noticed public hearing concerning the adoption of this Resolution and the fees herein; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: SECTION 1. The foregoing recitals are hereby adopted as findings of the City Council. ' SECTION 2. Based on the Fee Study and the supplemental cost of service analysis, including an analysis of the reasonably estimated time and fully-burdened costs to perform the services for which the fees herein are to be collected, the City Council hereby establishes small wireless facility ("SWF") administrative fees and eligible facilities ("EF") administrative fees in the ' following amounts: WIRELESS COMMUNICATIONS FACILITIES FEE SCHEDULE (PUBLIC RIGHT-OF-WAY) Fee Description Fee Amount Scope Small Wireless Facility $100 per Single SWFP or EFP application that Permit (SWFP) or Eligible application includes from one up to five SWFs or Facilities Permit (EFP) EFs; each individual SWF or EF has its Application Fee (up to five own power source and antennas and is wireless communications attached to an existing pole or other facilities) structure SWFP or EFP Application $100 per Single SWFP Application or EFP Fee (six or more wireless application for application that includes six (6) or more communications facilities) first five facilities facilities; each individual SWF or EF has + its own power source and antennas and $100 per facility is attached to an existing pole or other thereafter structure Small Wireless & Eligible $1,000 per Minimum deposit must be paid at time of Facilities Permit Review facility or SWFP or EFP application; additional Deposit structure deposit may be required prior to permit minimum issuance based on actual costs New Pole/Structure $1,000 per pole For any new pole or other structure or other intended to accommodate one or more ' structure proposed WCFs not a collocation SECTION 3. Based on the Fee Study and the supplemental cost of service analysis, the City Council further finds that the fee amounts set forth in Section 2 for small wireless facilities and eligible facilities represent all of the following: (a) a reasonable approximation of costs; (b) the costs themselves are reasonable, and (c) are non-discriminatory. SECTION 4. Nothing in this Resolution shall be deemed to limit the amount of recurring and/or non-recurring fees that the City and any wireless provider may agree shall be paid to the City in the event the City agrees to the wireless provider's replacement of a City pole or other City- owned infrastructure with a pole or other infrastructure designed to accommodate one of more SWFs or other wireless facilities. SECTION 5. Nothing in this Resolution shall affect fees paid to the City for use of its rights-of- way by providers or other kinds of electronic-based services not subject to the Declaratory Ruling and Third Report and Order. SECTION 6. The establishment of the foregoing SWF fees or EF fees does not in any way affect the right of the City to (a) conduct a fee study and determine that any of the fees adopted in Section 2, above, are insufficient to compensate the City for its reasonable costs related to the permitting and administration of SWFs, EFs, or other wireless communications facilities in limited circumstances; or (b) enter into an agreement with any wireless provider with respect to ' the deployment of SWFs, EFs, or other wireless communications facilities, which provides for the payment of fees that exceed the amounts established in Section 2, above; (c) or adopt an entirely different fee structure, including a market-based fee structure, in the event the ' Declaratory Ruling and Third Report and Order referenced in the Recitals are invalidated or modified in any way with respect to fees related to SWFs. SECTION 7. Nothing in this Resolution shall affect or limit fees charged by the City to process and administer encroachment permit and building permit applications and permits, for other types of encroachments or excavations into the City rights-of-way, not otherwise addressed herein. SECTION 8. The City Council hereby finds that the fees established in Section 2 above, do not exceed the reasonably estimated cost to the City in providing the services and/or right-or- way access, to which the fees apply. SECTION 9. Severability. If any sentence, clause, or phrase of this Resolution is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affectithe validity of the remaining provisions of this Resolution. The City Council hereby declares that it would have passed this Resolution and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentence, clauses or phrases be declared unconstitutional or otherwise invalid. SECTION 10. Certification. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the 14'" day of October, 2019. ' AYES: Council Members Moore, Sustarsic Massa-Lavitt, Varipapa, Kalmick NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Thomas Moore, Mayor \aG�UOR4 C.f, Gloria D. Htr ,r, City Clerk 'Uriv� 1 ' STATE OF CALIFORNIA } , COUNTY OF ORANGE } ss CITY OF SEAL BEACH } I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original of Resolution 6963 on file in the office of the Cit Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 14` day of October, 2019. ha—C4 I loria D. arp ity Clerk 1