JOINT RESOLUTION NO. 2023-67
RESOLUTION NO. HWD-2023-24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, CALIFORNIA AND THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT, AMENDING THE CITY-WIDE FEE SCHEDULE RELATED TO THE USER FEE STUDY WHEREAS, Pursuant to Article XIII B (Proposition 4) of the California Constitution, it is the intent of the City Council of the City of Hesperia and the Board of Directors of the Hesperia Water District to recover costs reasonably borne from fees and charges for services rendered; and WHEREAS, Pursuant to Article XIII C and Article XIII D (Proposition 218) of the California Constitution the fees, charges and regulatory fees are levied as an incident of the voluntary act of an individual or business and not the result of property ownership; and WHEREAS, City staff has converted actual cost fees based on historical information to establish a fixed fee format for development-related processes to better serve customers; and WHEREAS, the fees, rates, and service charges do not exceed the cost of providing the services; and WHEREAS, the City has, pursuant to California Government Code section 66016, provided notice of and conducted a public hearing and received written and oral presentations regarding the fees, rates, and service charges; and WHEREAS, the approval of these fees, rates, and service charges directly reimburses the City for the cost of providing those services; and WHEREAS, in addition to the recommended adoption of the Fiscal Year 2023-24 User Fee Schedule, the City will recommend adjusting the User Fee Schedule on an annual basis, with an effective date of March 01, 2025 and occurring each year thereafter by the Consumer Price Index (CPI) for the Riverside-San Bernardino-Ontario area using the year-over-year percentage change from September to September of not less than 0% and no more than 5%, with such future change subject to annual Council action; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HESPERIA AND THE BOARD OF DIRECTORS OF THE HESPERIA WATER DISTRICT, AS FOLLOWS:
Section 1. In all respects, the facts as set forth in this resolution are true and correct.
Section 2. That the Fiscal Year 2023-24 User Fee Schedule, attached as Exhibit A, is hereby adopted as prescribed below.
Section 3. That the adopted fees, rates, and service charges will be effective the 1st day of March, 2024.
Section 4. That the adopted fees, rates, and service charges include the ability to annually adjust the User Fee Schedule by the Consumer Price Index (CPI) for the Riverside-San Bernardino-Ontario area using the year-over-year percentage change from September to September of not less than 0% and no more than 5%. Such increases would be subject to approval on an annual basis by the City Council. The first CPI increase would occur, if approved, March 01, 2025.
Section 5. That the current adopted fees, rates, and service charges shall supersede any and all previously adopted fees, rates, and service charges.
Section 6. Interpretation of this resolution may be made by the City Manager and/or designee. When there are conflicts between fees, the lower fee shall be applied.
Section 7. If any section, sub-section, sentence, clause, or word in the resolution is held to be invalid by decision of any court of competent jurisdiction or action of State legislation, such decision or legislation shall not affect the validity of the remaining portions of this resolution.
Section 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 19th day of December 2023.
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Larry Bird, Mayor
ATTEST:
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Erin Baum, Assistant City Clerk
Joint Resolution No. 2023-67 and Resolution No. HWD 2023-24, amending the City-wide fee schedule related to the User Fee Study