CC SR 20190917 02 - WTF Fee Amendment
PUBLIC HEARING
Date: September 17, 2019
Subject:
Consideration and possible action to amend the City Council‐adopted Master Schedule of Fees and
Charges to establish new fees to process Minor Wireless Telecommunications Facilities applications
and Eligible Facilities Requests (EFR).
Recommendation:
1) Adopt Resolution No. 2019 ‐ __, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RANCHO PALOS VERDES AMENDING RESOLUTION NO. 2018‐37 TO AMEND THE MASTER
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES TO UPDATE THE FEES FOR THE
PROCESSING OF WIRELESS TELECOMMUNICATION FACILITY PERMITS IN THE PUBLIC RIGHT‐
OF‐WAY.
1. Report of Notice Given: City Clerk
2. Declare Public Hearing Open: Mayor Duhovic
3. Request for Staff Report: Mayor Duhovic
4. Staff Report & Recommendation: Charles Eder, Senior Engineer
5. Council Questions of Staff (factual and without bias):
6. Testimony from members of the public:
The normal time limit for each speaker is three (3) minutes. The Presiding Officer may grant additional time to a representative speaking
for an entire group. The Mayor also may adjust the time limit for individual speakers depending upon the number of speakers who
intend to speak.
7. Declare Hearing Closed/or Continue the Public Hearing to a later date: Mayor Duhovic
8. Council Deliberation:
The Council may ask staff to address questions raised by the testimony, or to clarify matters. Staff and/or Council may also answer
questions posed by speakers during their testimony. The Council will then debate and/or make motions on the matter.
9. Council Action:
The Council may: vote on the item; offer amendments or substitute motions to decide the matter; reopen the hearing for additional
testimony; continue the matter to a later date for a decision.
Cover Page
01203.0015/575523.1
RANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 09/17/2019
AGENDA REPORT AGENDA HEADING: Public Hearing
AGENDA DESCRIPTION:
Consideration and possible action to amend the City Council-adopted Master Schedule
of Fees and Charges to establish new fees to process minor wireless
telecommunications facilities applications and eligible facilities requests (EFR).
RECOMMENDED COUNCIL ACTION:
1) Adopt Resolution No. 2019 - __, A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF RANCHO PALOS VERDES AMENDING RESOLUTION
NO. 2018-37 TO AMEND THE MASTER SCHEDULE OF FEES AND CHARGES
FOR CITY SERVICES TO UPDATE THE FEES FOR THE PROCESSING OF
WIRELESS TELECOMMUNICATION FACILITY PERMITS IN THE PUBLIC
RIGHT-OF-WAY.
FISCAL IMPACT: The City currently collects fees to process Wireless
Telecommunication Facility Permits to recover the costs to the City for processing these
permits. The proposed amendment to the City’s Master Fee Schedule is to establish a
new flat fee for the Minor Wireless Telecommunication Facility Permit and Eligible
Facilities Request (EFR) to fully recover City costs associated with processing these
permits.
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Charles Eder, PE, Senior Engineer
REVIEWED BY: Elias Sassoon, PE, Director of Public Works
APPROVED BY: Doug Willmore, City Manager
ATTACHED SUPPORTING DOCUMENTS:
A. Resolution No. 2019- ___ (page A-1)
B. Previous Resolution No. 2018- 37 (page B-1)
C. Excerpt of Master Schedule of Fees and Charges for City Services (page
C-1)
D. Staff Fully-Burdened Rate Table (page D-1)
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01203.0015/575523.1
BACKGROUND AND DISCUSSION:
On June 19, 2018, the City Council adopted Resolution 2018-37, amending wireless
telecommunications facilities fees from the Master Schedule of Fees (Attachment B).
The City currently collects a $5,700 permit fee, plus a related $5,000 trust deposit, for
consultant review services and City Staff time for each administrative wireless
telecommunication facilities permit (WTFP) application. The current fees do not reflect
the new ordinance, adopted on April 16, 2019, relating to processing the WTFP
applications in the public right-of-way. In order for the City to recover the costs incurred
with the review and processing of these permits, Staff has done a new cost analysis by
estimating the time it takes and resources needed to process these permits and
proposes that the Master Fee Schedule be amended as described in the following table:
Permit Type Proposed Action Proposed Fee
Wireless Mock-Up Delete N/A
Minor Wireless
Telecommunications
Facilities Permit Fee
Eligible Facilities
Request (EFR) Permit
Fee
Replace
Administrative
Wireless
Telecommunications
Permit Fee
$3,800, plus $5,000 trust
deposit for consultant
services or City staff costs
in excess of the flat fee
The new ordinance defined new terminology and processes for the minor wireless
telecommunications facilities permit and eligible facilities request (EFR). Under the new
ordinance, the wireless mock-up has been deleted. Minor wireless telecommunications
facilities, or small wireless facilities (SWF) are defined as: up to 50 feet in height,
including antennas, or mounted on structures no more than 10% taller than other
adjacent structures; or that do not extend existing structures on which they are located
to a height of more than 50 feet or by more than 10%, whichever is greater; each
antenna is no more than 3 cubic feet in volume, and the total associated wireless
equipment on one structure is no more than 28 cubic feet in volume.
Both the Public Works (PW) and Community Development (CD) departments
collectively estimate that it takes City Staff (not accounting consultant time)
approximately 26 hours (24 hours PW and two hours CD) to process a minor wireless
telecommunications facilities permit and EFR permit. The flat fees described in the
above table are rounded off and based on fully-burdened rates. Staff believes that this
new flat fee and deposit will ensure that the City recovers its full and actual costs
associated with the review and processing of wireless permit applications. Notably, staff
has estimated a total of 26 hours for processing, which results in City Staff time costs of
$3,836.60. (See Attachment D-1.) Should the City incur any other additional costs, the
City can draw from the $5,000 deposit to ensure full cost recovery for all re asonable
costs incurred by the City.
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01203.0015/575523.1
The fees for the major wireless telecommunications facilities permit and master
deployment plan permit have not changed.
Public Notice
On August 29, 2019, and September 5, 2019, public notices announcing the City
Council’s review of the proposed amendment to establish flat fees and associated trust
deposits for wireless telecommunication facilities permits were published in the Palos
Verdes Peninsula News. As of the preparation of this report, no public comments have
been received.
ALTERNATIVES:
In addition to the Staff recommendations, the following alternatives are available for the
City Council’s consideration:
1. Direct Staff to reassess the proposed fees and return with modifications
for consideration at a future meeting, and continue the public hearing to a
date certain.
2. Direct Staff to take no action at this time.
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01203.0015/575990.2
RESOLUTION 2019-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
PALOS VERDES AMENDING RESOLUTION NO. 2010-77, THE MASTER
SCHEDULE OF FEES AND CHARGES FOR CITY SERVICES, AND
RESOLUTION NO. 2018-37 REGARDING FEES FOR WIRELESS
TELECOMMUNICATION FACILITIES PERMITS, TO UPDATE THE FEES
FOR THE PROCESSING OF WIRELESS TELECOMMUNICATION
FACILITY PERMITS IN THE PUBLIC RIGHT-OF-WAY.
WHEREAS, the California Government Code requires that fees for services charged by
municipalities not exceed the cost of providing the service for which the fee is levied and that no fee
or service charge or increase in an existing fee or charge may be levied without the public having an
opportunity to make oral or written public comment at a regularly scheduled City Council meeting;
and
WHEREAS, with respect to the costs of processing applications for wireless
telecommunications facilities, California law has established the following additional limits upon
those permit fees and charges for services that may be recovered by municipalities, as follows:
“Cal. Gov. Code § 50030. Any permit fee imposed by a city, including a
chartered city, a county, or a city and county, for the placement, installation, repair,
or upgrading of telecommunications facilities such as lines, poles, or antennas by a
telephone corporation that has obtained all required authorizations to provide
telecommunications services from the Public Utilities Commission and the Federal
Communications Commission, shall not exceed the reasonable costs of providing the
service for which the fee is charged and shall not be levied for general revenue
purposes.”; and
WHEREAS, on September 27, 2018, the Federal Communications Commission (“FCC”)
issued a new order and regulations (the “FCC Order”), which, in part, sets fee limits upon municipal
service charges and permit fees for the processing of applications to deploy wireless
telecommunications facilities. The FCC Order concluded that City fees, and fees for the use of
government property in the public-right-of-way (“PROW”) violate Sections 253 or 332(c)(7) of the
Federal Telecommunications Act unless these conditions are met: (1) the fees are a reasonable
approximation of the local government’s costs, (2) only objectively reasonable costs are factored
into those fees, and (3) the fees are no higher than the fees charged to similarly-situated competitors
in similar situations; and
WHEREAS, at the City Council meeting of April 16, 2019, the City Council introduced an
ordinance to amend Chapter 12.18 to the Rancho Palos Verdes Municipal Code relating to the
processing of Wireless Telecommunication Facilities Permits (WTFP) applications in the public
right of way; and
WHEREAS, in order to ensure that permit fees for these wireless telecommunications
facilities will be reasonable and cost-based in accordance with both the FCC Order and Government
Code § 50030, City staff has conducted an analysis of the City’s anticipated costs of providing the
services and regulatory activities for such fees; and
A-1
01203.0015/575990.2
WHEREAS, City staff has done a new cost analysis by estimating the time it takes and
resources needed to process these permits, such that the Master Fee Schedule should be amended as
described in Exhibit A; and
WHEREAS, the adopted City’s fees for the services of Public Works and Community
Development Departments were calculated based on the estimated time for all staff tasks to be
performed in the processing of WTFP, to ensure that they are reasonable and legally defensible, as
described in Exhibit B; and
WHEREAS, on August 29, 2019, and September 5, 2019, public notices announcing the
City Council’s public hearing and review of the proposed amendment to establish flat fees and
associated trust deposits for Wireless Telecommunication Facilities Permits were published in the
Palos Verdes Peninsula News.; and
WHEREAS, based upon oral and written presentations by City staff and members of the
public, including but not limited to staff reports, exhibits, attachments, the fee analysis, the City
Council now desires to adopt certain permit fees for the processing of wireless telecommunications
facilities.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS
VERDES, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. The City Council finds and determines that the foregoing recitals are true and
correct, and adopt the recitals as findings in support of the actions taken herein.
Section 2. That the City Council hereby establishes and adopts the new application processing,
administration and implementation fees and deposits as provided in Exhibit A of this Resolution.
The permit fee established in Exhibit B shall be for services provided by the City’s staff for the
processing of applications received.
Section 3. The deposit amount shall be used to cover additional costs incurred by th e City
including any consultant fees. Any unused deposit funds shall be refunded to the applicant at the
completion of the WTFP processing.
Section 4. The project is exempt from the provision of the California Environmental Act
(CEQA) under section 15061(b)(3) for General Rule as it establishes a funding mechanism which
will not have any significant effect on the environment.
Section 5. All exhibits to this Resolution are incorporated herein by reference and made
a part hereto.
Section 6. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this resolution or the application thereof to any person, is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect
the validity of the remainder of this ordinance. The City Council hereby declares that it would have
adopted this resolution, and each and every section, subsection, subdivision, sentence, clause, phrase,
or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions,
sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.
A-2
01203.0015/575990.2
Section 7. The City Clerk shall certify to the passage and adoption of this Resolution and
enter it into the book of original Resolutions. This Resolution shall be effective immediately upon
passage and adoption.
PASSED, APPROVED and ADOPTED this __th day of September 2019.
____________________
Jerry Duhovic, Mayor
Attest:
___________________
Emily Colborn, City 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 Verdes, hereby certify that the
above Resolution No. _________ was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof held on September __, 2019
____________________________
Emily Colborn, City Clerk
A-3
01203.0015/575990.2
EXHIBIT “A”
AMENDMENT TO MASTER SCHEDULE OF FEES AND CHARGES FOR CITY
SERVICES SHALL BE AS FOLLOWS:
The fees for Wireless Telecommunication Facilities Permits are hereby amended as
follows.
Permit Type Proposed Action Proposed Fee
Wireless Mock-Up Delete N/A
Minor Wireless
Telecommunications
Facilities Permit Fee
Eligible Facilities Request
(EFR) Permit Fee
Replace
Administrative
Wireless
Telecommunications
Permit Fee
$3,800, plus $5,000 trust
deposit for consultant
services or City staff costs
in excess of the flat fee
A-4
01203.0015/575990.2
EXHIBIT “B”
STAFF FULLY BURDENED RATE TABLE
POSITION TASK
FULLY
BURDENED
RATE
TIME
(HRS)
TOTAL
COST
WTFP
Support/
Technician
Review Application for Completeness $75.00 4 $300.00
Upload to City Permitting System and
Process $75.00 2 $150.00
Create Send Out Notices to Residents $75.00 4 $300.00
Sr.
Engineer Review Site Plans & Specifications $173.75 4 $695.00
Coordinate with Staff and Consultants for
Processing $173.75 2 $347.00
Assist in Creating and Sending Notices $173.75 2 $347.00
Admin.
Analyst Review, Upload, and Send Plans $99.42 1 $99.42
Log into City Permitting System and
Process $99.42 1 $99.42
City
Engineer QA/QC Review of Application Material $220.45 1.5 $330.68
Analysis and Approval/Denial $220.45 0.5 $110.23
PW Director Review Staff’s Recommendations for Final
Approval $278.29 0.5 $139.15
Review Submitted Paperwork, Notices,
Labels, Area Coverage for the Notice $278.29 1 $278.29
Cursory Review Staff’s Comments/ Outside
Entities’ Comments/ Decision for Approval
of Permit or Send to Public Hearing
$278.29 0.5 $139.15
Planning
Director
Review Application for Potential View
Impacts, Appearance, Compatibility, etc. $250.14 1.5 $375.07
Analysis and Approval/Denial $250.14 0.5 $125.07
Total $3,836.60
A-5
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
B-1
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
B-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
B-3
C-1
CALCULATION OF FULLY BURDENDED HOURLY RATES
Attachment C
POSITION TASK FULLY BURDENED RATE TIME (Hrs)TOTAL COST
WTFP SUPPORT/TECHNICIAN Review Application for Completeness $75.00 4 $300.00
Upload to City Permitting System and Process $75.00 2 $150.00
Create Send Out Notices to Residents $75.00 4 $300.00
SR. ENGINEER Review Site Plans & Specifications $173.75 4 $695.00
Coordinate with Staff and Consultants for Processing $173.75 2 $347.50
Assist in Creating and Sending Notices $173.75 2 $347.50
ADMIN. ANALYST Review, Upload, and Send Plans $99.42 1 $99.42
Log into City Permitting System and Process $99.42 1 $99.42
CITY ENGINEER QA/QC Review of application material $220.45 1.5 $330.68
Analysis and Approval/Denial $220.45 0.5 $110.23
PW DIRECTOR Review Staff’s recommendations for final approval $278.29 0.5 $139.15
Review submitted paperwork, notices, labels, area coverage
for the notice $278.29 1 $278.29
Cursory review staff comments / outside entities’ comments /
decision for approval of permit or
send to send for public hearing $278.29 0.5 $139.15
PLANNING DIRECTOR
Review application for potential view impacts,
Appearance, Compatibility, etc.$250.14 1.5 $375.21
Analysis and Approval/Denial $250.14 0.5 $125.07
TOTAL $3,836.60
D-1