HomeMy WebLinkAbout2020-08 - Wireless FeesRESOLUTION NO. 2020-08
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,
CALIFORNIA, ESTABLISHING AND ADOPTING FEES TO PROCESS
APPLICATIONS FOR WIRELESS TELECOMMUNICATION FACILITIES AND
RELATED INFRASTRUCTURE IN THE PUBLIC RIGHT-OF-WAY
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, the City Council of the City of Costa Mesa has heretofore established
various schedules of rates, fees, and charges for services provided by the City including,
but not limited to, processing ministerial and discretionary permits and encroachment
permits; and
WHEREAS, pursuant to the provisions of the California Constitution and the laws
of the State of California, the City of Costa Mesa is authorized to adopt and implement
rates, fees, and charges for municipal services; provided, however, that such rates, fees,
and/or charges do not exceed the estimated reasonable cost of providing such services;
and
WHEREAS, California Government Code Section 66016 requires notice to be
given and data made available at specified times prior to the adoption of increases in
existing rates, fees, and charges, or the adoption of new rates, fees, and charges for use
permits and inspections sometime hereinafter at a public meeting of this City Council; and
WHEREAS, although the city is not required to comply with the noticing
requirements of California Government Code Section 66018, the city has nevertheless
published all notices consistent with the requirements of that section, including having
published notice in accordance with California Government Code Section 6062a and
Resolution No. 2020-08 Page 1 of 5
having made the data available concerning rates, fees, and charges prior to conducting a
hearing on the fees; and
WHEREAS, this City Council has held at least one public hearing and received
oral and written presentations there at with respect to the proposed fees before adopting
this Resolution; and
WHEREAS, this City Council desires to establish fees associated with the review
of applications for wireless telecommunication facilities and related infrastructure within
the right-of-way by the City of Costa Mesa as set forth herein; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have
occurred;
NOW, THEREFORE, BE IT RESOLVED as follows:
Section 1. Findings. This City Council hereby finds and determines that based
upon the data, information, analysis, oral and written documentation presented to this City
Council concerning the rates, fees, and charges described in Exhibit "A" attached hereto
and by this reference incorporated herein, the rates, fees, and charges set forth in said
Exhibit "A" do not exceed the established reasonable cost of providing the service for
which the rates, fees, or charges are levied and that the fees solely recover an objectively
reasonable approximation of the city's actual and reasonable costs.
Section 2. Exhibit A. The rates, fees, and charges set forth in Exhibit "A" are
hereby adopted and approved as the rates, fees, and charges for the services identified
for each such rate, fee, and/or charge.
Resolution No. 2020-08 Page 2 of 5
Section 3. Effective Date. The rates, fees, and charges set forth in Exhibit "A"
shall be effective and shall be implemented commencing May 3, 2020, which is at least
60 days after Council adoption.
Section 4. Certification. The City Clerk shall certify to the passage and
adoption of this Resolution and enter it into the book of original Resolutions.
ASSED AND ADOPTED this 31d day of March 2020.
n Stephens, Mayor Pro Tern
ATTEST:
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Brenda Green, 4 Clerk
APPROVED AS TO FORM:
driberly Rall Barlow, City Attorney
Resolution No. 2020-08 Page 3 of 5
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, Brenda Green, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 2020-08 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 3rd day of March, 2020, by the following roll call vote, to wit:
AYES: COUNCIL MEMBERS: CHAVEZ, GENTS, MANSOOR, MARK, REYNOLDS,
STEPHENS
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 4th day of March, 2020.
aWck& (�(104V
Brenda Green, tity Clerk
Resolution No. 2020-08 Page 4 of 5
EXHIBIT A
FEES TO PROCESS APPLICATIONS FOR WIRELESS TELECOMMUNICATIONS
FACILITIES AND RELATED INFRASTRUCTURE WITHIN THE PUBLIC RIGHT-OF-
WAY
Adopted by the Costa Mesa City Council
March 3, 2020
Wireless Telecommunications Use Permit -- Ministerial $2,500.00
Wireless Telecommunications Use Permit -- Discretionary $3,500.00
Eligible Facilities Exemption Request $1,000.00
Wireless Technical Review Consultant cost plus
10% administration fee
Resolution No. 2020-08 Page 5 of 5