RESOLUTION 23-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMMERCE, CALIFORNIA AMENDING THE SMALL WIRELESS FACILITY FEE SCHEDULE TO INCLUDE AN ANNUAL PERMIT APPLICATION FEE ADJUSTMENT BASED ON THE CONSUMER PRICE INDEX.
WHEREAS, Section 253 of the Federal Telecommunications Act of 1996 (47 U.S.C. § 253) recognizes “the authority of…local government to manage the public rights-of-way,” provided that local regulation may not effectively prohibit a company’s ability to provide telecommunications service; and WHEREAS, Section 253(c) of the Telecom Act preserves the authority of State or local government to “require fair and reasonable compensation from telecommunications providers, on a competitively neutral and nondiscriminatory basis, for use of public rights-of-way on a nondiscriminatory basis, if the compensation required is publicly disclosed by such government”; and WHEREAS, On September 26, 2018, the FCC adopted the Declaratory Ruling and Third Report and Order (FCC 18-133) (“FCC Third Order”) that, among other things, establishes that small wireless facility (“SWF”) “fees are only permitted to the extent that they represent a reasonable approximation of the local government’s objectively reasonable costs, and are non-discriminatory”; and WHEREAS, on July 21, 2020, the City Council of the City of Commerce (“City Council”) adopted Resolution 20-75 establishing the design standards and guidelines, fee schedule, and license agreement for small wireless facilities in the public right-of-way in compliance with the FCC Third Order and consistent with the authority granted in Section 19.27.100 of the Commerce Municipal Code; and WHEREAS, the City Council’s adoption of the Small Wireless Facility Fee Schedule included a cost study (“Cost Study”) by an independent consultant to approximate the City’s objectively reasonable costs associated with processing SWF applications, which is attached hereto as Exhibit C; and WHEREAS, on January 26, 2023, the City’s independent consultant provided a recommendation (“Annual Fee Update Recommendation”) for the City to include annual increases to the fees associated with SWF based on the Consumer Price Index, which is attached hereto as Exhibit D; and WHEREAS, the City Council desires to modify the existing Small Wireless Facility Fee Schedule, attached hereto as Exhibit B, to account for inflation by adding an annual adjustment to the SWF Permit Application Fees based on changes to the Consumer Price Index (CPI); and WHEREAS a notice of public hearing was published in the Cerritos Community Newspaper, a local newspaper of general circulation on February 2, 2023, as required by law; and WHEREAS, the City Council held a duly noticed public hearing on the Resolution, reviewed and considered the Agenda Report, other written reports, public testimony and other information contained in the record.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMMERCE DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:
SECTION 1. The facts set forth in the recitals are true and correct and are hereby incorporated as substantive findings in this Resolution.
SECTION 2. Based upon the Agenda Report, public testimony, and other information contained in the record, are an adequate and appropriate evidentiary basis to approve and adopt the Resolution for the following reasons and findings:
Based on the Cost Study and Annual Fee Update Recommendation, including an annual adjustment to the SWF Permit Application Fees will result in a reasonable approximation of the City’s objectively reasonable costs associated with processing future SWF applications.
Without an annual adjustment to account for inflation, the City will eventually absorb costs in excess of the current SWF Permit Application Fees.
The SWF Permit Application Fees are applied in an objective and non-discriminatory basis.
The annual adjustment to the SWF Permit Application Fees is necessary and recommended to account for inflation.
The adoption of this Resolution will not result in the effective prohibition of wireless services.
SECTION 3. The City Council hereby adopts the CPI-based annual adjustment of the SWF Permit Application Fees, as depicted in the revised Small Wireless Facility Fee Schedule, attached herein as Exhibit A, commencing sixty (60) days after the adoption of the Resolution. In no event shall the SWF Permit Application Fees decrease from the prior year.
SECTION 4. This Resolution is not considered a “project” for the purposes of the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Sections 15378(b) and 15378(c) in that it is an organizational, administrative, or fiscal activity of the City that will not result in direct or indirect physical changes to the environment, nor involve any commitment to any specific project which may result in a potentially significant physical impact on the environment.
SECTION 5. Authorize the Mayor to execute the Resolution for and on behalf of the City of Commerce.
SECTION 6. This Resolution shall take effect sixty (60) days after adoption.
PASSED, APPROVED AND ADOPTED this 21st day of February 2023 ATTEST:
Oralia Y. Rebollo, Mayor
Lena Shumway, City Clerk
City Council Meeting: February 16, 2023
Resolution # _________