CC RES 2019-043 RESOLUTION 2019-43
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 (VVTFP)
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
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Resolution No.2019-43
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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
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 VVTFP, 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 the
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
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Resolution No.2019-43
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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.
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 17th day of September 2019.
ayor
o(id
Attest:
411IL
sled(
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. 2019-43 was duly and regularly passed and adopted by the said
City Council at a regular meeting thereof held on September 7, 2019
. a
erk
01203.0015/575990.2
Resolution No.2019-43
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RESOLUTION NO. 2019-43
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
Replace
Telecommunications $3,800, plus $5,000 trust
Administrative
Facilities Permit Fee deposit for consultant
Wireless
services or City staff costs
Telecommunications
• Eligible Facilities Request in excess of the flat fee
(EFR) Permit Fee
Permit Fee
01203.0015/575990.2 Resolution No.2019-43
Exhibit A
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RESOLUTION NO. 2019-43
EXHIBIT "B"
STAFF FULLY BURDENED RATE TABLE
FULLY TOTAL
POSITION TASK BURDENED TIME
RATE (HRS) COST
WTFP
Support/ Review Application for Completeness $75.00 4 $300.00
Technician
Upload to City Permitting System and $75.00 2 $150.00
Process
Create Send Out Notices to Residents $75.00 4 $300.00
Sr. Review Site Plans & Specifications $173.75 4 $695.00
Engineer
Coordinate with Staff and Consultants for X173.75 2 $347.00
Processing
Assist in Creating and Sending Notices $173.75 2 $347.00
Admin. Review, Upload, and Send Plans $99.42 1 $99.42
Analyst
Log into City Permitting System and $99.42 1 $99.42
Process
City QA/QC Review of Application Material $220.45 1.5 $330.68
Engineer
Analysis and Approval/Denial $220.45 0.5 $110.23
PW Director Review Staff's Recommendations for Final $278.29 0.5 $139.15
Approval
Review Submitted Paperwork, Notices, $278.29 1 $278.29
Labels, Area Coverage for the Notice
Cursory Review Staff's Comments/ Outside
Entities' Comments/ Decision for Approval $278.29 0.5 $139.15
of Permit or Send to Public Hearing
Planning Review Application for Potential View $250.14 1.5 $375.07
Director Impacts, Appearance, Compatibility, etc.
Analysis and Approval/Denial $250.14 0.5 $125.07
Total $3,836.60
01203.0015/575990.2 Resolution No.2019-43
Exhibit B
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