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CC RES 2018-037 RESOLUTION NO. 2018-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2010- 77 TO AMEND THE MASTER SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO REPLACE THE OBSOLETE EXISTING CELL SITE FEES WITH FLAT FEES AND ASSOCIATED TRUST DEPOSITS FOR THE PROCESSING OF WIRELESS TELECOMMUNICATION FACILITY PERMITS IN THE PUBLIC RIGHT-OF-WAY. WHEREAS, the City of Rancho Palos Verdes conducted an extensive analysis of its services, the costs reasonably borne by the City in providing those services, the beneficiaries of those services, and the revenues produced by those paying fees and charges for services for fiscal year 2008-2009; and, WHEREAS, after conducting a public hearing, the City adopted Resolution No. 2010-77 thereby adopting a Master Schedule of Fees and Charges for City services; and, WHEREAS, on March 15, 2016, the City Council adopted Ordinance No. 580, Wireless Telecommunication Facilities in the Public Right-of-Way, to amend the Rancho Palos Verdes Municipal Code (RPVMC) to provide comprehensive standards, along with permit requirements, consistent with State and Federal law for the installation of wireless telecommunication facilities in the City's public right-of-way; and, WHEREAS,the City's current fees related to cell site development in the public right-of-way are unclear and do not accurately account for the Staff time, resources and consultant services required for the review and processing of wireless telecommunication facilities permits; and, WHEREAS, on May 24, 2018, and May 31, 2018, a notice of public hearing of the City's intent to amend the City's Master Fee Schedule, to be held on June 19, 2018,was published in the Palos Verdes Peninsula News; and, WHEREAS, the proposed amendment to the Master Fee Schedule was made available to the public ten days prior to the City Council's June 19, 2018, public hearing; and, WHEREAS, on June 19, 2018,the City Council conducted a duly-noticed public hearing for the proposed new Compliance Review fee; and, WHEREAS, the City Council deems it necessary to amend the Master Fee Schedule to replace the obsolete existing cell site fees with a flat fee and associated trust deposits required for processing wireless telecommunication facility permits and a wireless mock-up permit. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The facts set forth in the recitals of this Resolution are true and correct and are incorporated herein by references as though set forth in full. Section 2: The City Council hereby finds that the adoption of this Resolution amending Resolution No. 2010-77 to establish flat fees and associated trust deposits for the processing of wireless telecommunication facility permit and a mock-up permit is exempt from the California Environmental Quality Act (Public Resources Code Sections 21080 et. seq.) pursuant to Public Resources Code Section 21080(b)(8)(A). Section 3: The City Council hereby finds that the new fees of $1,300 for a Mock Up Permit, $14,000 for a Major Wireless Telecommunication Facilities Permit, $5,700 for an Administrative Wireless Facilities Permit and a$38,700 for a Master Deployment Plan Permit do not exceed the cost to the City of processing a such permit applications; and that the requirement to establish, if needed, a trust deposit to cover actual costs associated with consultant services, such as, but not limited to,the City Attorney,technical consultants and other Consultants charged against a trust deposit, is necessary. Section 4: The City Council hereby approves and adopts the revisions to the Master Fee Schedule and hereby amends the relevant provisions of Resolution No. 2010-77 to incorporate the wireless facility permit flat fees into the Master Fee Schedule attached hereto as Exhibit "A". Section 5: Any person paying a given fee who feels that any fee, charge or rate determined and set is in excess of the percentage of costs reasonably borne by the City may appeal in writing to the City Council. Section 6: The amended Master Fee Schedule specified in this Resolution shall become effective sixty days from June 19, 2018. Section 7: The City Clerk shall certify to the passage, approval, and adoption of this Resolution, and shall cause this Resolution and her certification to be entered in the Book of Resolutions of the City Council. PASSED, APPROVED and ADOPTED this 19th day of June, 2018. ayor ATTES : dr& 411111111111w ity Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF RANCHO PALOS VERDES ) I, Emily Colborn, City Clerk of the City of Rancho Palos \1-rdes, do hereby certify that the above Resolution No. 2018-37, was duly and regularly passed a d adopted by the said City Council at a regular meeting thereof held on June 19, 2018. y Clerk Resolution No. 2018-37 Page 2 of 2 Exhibit A Resolution No. 2018-37 Proposed Fee Amendment The fees for Wireless Telecommunication Facilities Permits are hereby amended as follows. Permit Type Proposed Action Proposed Fee Cell Site - Initial Application Delete N/A Replace with new $1,300, plus trust deposit Wireless Mock-Up Mock-Up Permit fee for consultant services Cell Site - Construction Delete N/A Major Wireless $14,000, plus trust deposit Telecommunication Facilities Add Permit for consultant services Administrative Wireless $5,700, plus trust deposit Telecommunication Facilities Add for consultant services Permit Master Deployment Plan $38,700, plus trust deposit Add Permit for consultant services Resolution No. 2018-37 Exhibit A Page 1 of 1