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Home My WebLink AboutAGENDA REPORT 2020 1216 CCSA REG ITEM 09CCITY OF MOORPARK,  CALIFORNIA City Council Meeting of December 16, 2020 ACTION Adopted Resolution No. 2020- 3977, as Amended. (Roll Call Vote: Unanimous). BY B.Garza. C. Consider a Resolution Adopting Fees for Small Wireless Facility Permits within the City’s Right-of-Way. Staff Recommendation: Adopt Resolution No. 2020- 3977 adopting fees for Small Wireless Facility Permits within the City’s right-of- way. (Staff: Brian Chong) Item: 9.C. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Brian Chong, Assistant to the City Manager DATE: 12/16/2020 Regular Meeting SUBJECT: Consider a Resolution Adopting Fees for Small Wireless Facility Permits within the City’s Right-of-Way BACKGROUND On September 26, 2018, the Federal Communications Commission (FCC) issued a Report and Order relating to placement of small wireless facilities in public rights-of- way. The Report and Order placed severe restrictions on local agencies’ abilities to regulate small wireless facilities within public rights-of-way, including the establishment of “presumed reasonable” fees for reviewing and managing small wireless facilities in the public rights-of-way. As an interim measure, the City Council adopted the FCC’s “presumed reasonable” fees on April 17, 2019 as part of the City’s adoption of a new small wireless facility ordinance that complied with the FCC’s Report and Order. However, the FCC allows jurisdictions to adopt fees higher than those “presumed reasonable” if the jurisdiction can justify the fee. With workflows and permitting procedures now in place, staff has completed a study of the non-recurring staff time required to process a Small Wireless Facility Permit on City- owned infrastructure within its right-of-way (typically on streetlights). The cost to provide these services exceeds the “presumed reasonable” fees that were previously adopted, and it is now recommended that the City Council amend this fee to reflect the actual cost of providing these services, while maintaining the FCC’s “presumed reasonable” non-recurring fees for new poles to support small wireless facilities within the public right-of-way ($1,000) and annual recurring fee for small wireless facilities attached to City-owned structures within the public right-of-way ($270). Item: 9.C. 7 Honorable City Council 12/16/2020 Regular Meeting Page 2 DISCUSSION In its Report and Order, the FCC’s “presumed reasonable” non-recurring application fee was structured as $500 for up to five small wireless facility sites, with $100 for each additional site on the same application. Staff’s analysis of the non-recurring workflows and permitting procedures associated with Small Wireless Facility Permits within the City’s right-of-way estimates that review and approval of applications for up to five small wireless facilities require four hours of the City Engineer’s time and one hour of an Administrative Assistant II’s time. Based on the City’s billable costs for these positions, the cost to the City to provide these services is $910. For additional sites on the same application, staff estimates that an additional one hour of the City Engineer’s time and a half-hour of an Administrative Assistant II’s time will typically be required. Based on the City’s billable costs for these positions, the cost to the City to provide these services is $260. To provide that applicants for Small Wireless Facility Permits within the City’s right-of- way pay for the full cost of the services they require from the City, staff recommends that the City Council adopt the attached resolution adopting the above fees for Small Wireless Facility Permits within the City’s right-of-way. FISCAL IMPACT Adopting the new fees will ensure that the City receives revenues to offset the costs of reviewing and processing Small Wireless Facility Permits within the City’s right-of-way. This resultant increase in City revenues will ultimately depend on the number of permits applied for in the future, but will likely be in the very low thousands of dollars per year. COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive. STAFF RECOMMENDATION Adopt Resolution No. 2020-____ adopting fees for Small Wireless Facility Permits within the City’s right-of-way. Attachment: Draft Resolution No. 2020-____ 8 RESOLUTION NO. 2020-____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING FEES FOR SMALL WIRELESS FACILITY PERMITS WITHIN THE CITY’S RIGHT-OF-WAY WHEREAS, on September 26, 2018, the Federal Communications Commission (“FCC”) adopted a Declaratory Ruling and Third Report and Order (“Report and Order”) relating to placement of small wireless facilities in public rights-of-way; and WHEREAS, the Report and Order gave providers of wireless services rights to utilize public rights-of-way and to attach small wireless facilities to public infrastructure, subject to payment of “presumed reasonable” non-recurring and recurring fees; and WHEREAS, on April 17, 2019, the City Council adopted Resolution No. 2019- 3800 to adopt a Citywide policy regarding permitting requirements and development standards for small wireless facilities; and WHEREAS, Resolution No. 2019-3800 stated that an application fee shall be established by City Council resolution and that, if no permit application fee had been established, an applicant must submit a signed written statement that acknowledges that the applicant will be required to reimburse the City for its reasonable costs incurred in connection with the application within 10 days after the City issues a written demand for reimbursement; and WHEREAS, the City concurs with the “presumed reasonable” fees for non- recurring fees for new poles to support small wireless facilities and for recurring fees, including any right-of-way encroachment permit fee for attachment to a City-owned structure in the public right-of-way; and WHEREAS, the FCC allows jurisdictions to adopt higher fees than those “presumed reasonable” if the jurisdiction can justify the fee; and WHEREAS, the City has completed a study of the non-recurring staff time required to process applications for Small Wireless Facility Permits within the City’s right-of-way, finding that the non-recurring staff costs incurred by the City for review of such permits are higher than those “presumed reasonable” in the FCC’s Report and Order; and WHEREAS, the City Council desires to recover the costs of review Small Wireless Facility Permit applications to those applying for such permits. ATTACHMENT 9 Resolution No. 2020-____ Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The fees for Small Wireless Facility Permits shall be as follows: • $910.00 for non-recurring fees for applications for up to five small wireless facility sites, with an additional $260.00 for each additional site on the same application. • $1,000.00 for non-recurring fees for a new pole to support one or more small wireless facilities. • $270.00 per year for all recurring fees, including any right-of-way encroachment permit fees for attachment to a City-owned structure in the public right-of-way. SECTION 2. These fees shall become effective upon adoption by the City Council. SECTION 3. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 16th day of December, 2020. ________________________________ Janice S. Parvin, Mayor ATTEST: ___________________________________ Ky Spangler, City Clerk 10