RESOLUTION NO. 24-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VICTORVILLE, CALIFORNIA, ADOPTING A MINOR USER FEE STUDY AND AMENDING THE APPLICABLE TO SIDEWALK VENDORS AND MOBILE VEHICLE VENDORS AND MAKING CERTAIN OTHER CONFORMING CHANGES WHEREAS, the California Constitution and the laws of the State authorize the City of CityVictorville to adopt and impose user and regulatory fees and charges for the municipal services and activities it provides which do not exceed the reasonable costs of providing such services and activities (collectively hereinafter User Fees); and WHEREAS, the Victorville City Council City Councilpreviously retained NBS Government Finance Group (NBS) to conduct a comprehensive analysis/cost-of-service study of User Fees, to ensure the revenues produced by said fees are sufficient to defray the cost of providing such services and do not exceed the estimated reasonable cost of providing such services; and WHEREAS, the NBS analysis/study findings (hereinafter User Fee Studyresulting schedule of user fees (hereinafter the Master User Fee Schedule were initially approved and adopted by the passage of City Council Resolution No. 22-055 the User Fee Study, which resolution further implemented an annual review of the User Fees and provided for adjustments of the Master User Fee Schedule based on such review; and WHEREAS, the first annual review and update of the Master User Fee Schedule was adopted by the City Council on December 19, 2023, by Resolution No. 23-101; and WHEREASVMCsets forth the various business license classifications for which business license fees are set for all businesses in the City, which fees are adopted resolution pursuant to VMC Section 16-7.05.050; and WHEREAS, such business license fees are User Fees which were previously established regulatory functions, based on the User Fee Study, and set forth in the Master User Fee Schedule adopted by Resolution No. 23-101; and WHEREAS, to implement the program proposed by Ordinance No. 2449, which establishes new business licensing requirements and regulations for Sidewalk and Mobile Vehicle Vendors (hereinafter the Vendor Code, NBS reviewed the staffing and related costs associated with implementing the proposed Vendor Code Minor Fee Study which recommended adding two new business license fee categories to fund the new regulatory program and ensure financial sustainability to foster fiscal health through cost recovery; and WHEREAS, said Minor Fee Study established updated maximum fees for the new vendor classifications; and WHEREAS, there is no requirement to implement fees at the maximum rate determined through the Minor Fee Study and it is within the discretion of the City Council to establish fees at amounts less than the specified maximum to further the strategic goals of the City; and WHEREAS, to implement the proposed new User Fees, the Minor Fee Study must be approved by the City Council and the Master User Fee Schedule amended to add the proposed new business license fees at the maximum rates as determined by the Minor Fee Study, or such fees in lesser amounts as the City Council may determine in its discretion, for the affected vendors and make conforming changes to reflect new and revised fee categories; and WHEREAS, pursuant to Government Code Sections 66016 and 66018, notice of the proposed adoption of the Minor Fee Study and amendment to the Master User Fee Schedule was provided in the form of a notice mailed to interested parties fourteen days prior to the hearing, and public hearing notices published on February 9 and February 16, 2024, in the Valley Wide newspaper; and
WHEREAS, the Minor Fee Study and proposed amendment to the Master User Fee Schedule was
as of February 9, 2024; and
WHEREAS, the City Council conducted a duly noticed public hearing to consider the proposed approval of the Minor Fee Study and adoption of the amendment to the Master User Fee Schedule at its regularly scheduled meeting on February 20, 2024, during which it heard public testimony and comment and received the report of City Staff; and WHEREAS, approval of the Minor Fee Study and adoption of the proposed amendment to the Master User Fee Schedule is intended to facilitate implementation of the new Vendor Code and recover the reasonable costs of the City associated therewith; and WHEREAS, the new fees set forth for adoption in the proposed amendment to the Master User Fee Schedule represent the reasonable costs incurred by the City in providing the listed
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VICTORVILLE DOES HEREBY RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. That the recitals set forth above are true and correct and are incorporated into this Resolution by this reference together with any definitions and findings set forth therein.
SECTION 2. That the City Council has reviewed and hereby approves the Minor Fee Study attached hereto as Exhibit A and incorporated herein by this reference; and SECTION 3: That the City Council has reviewed and hereby adopts the amendment to the Master User Fee Schedule, attached hereto as Exhibit B and by this reference incorporated herein, reflecting the addition of the two new fee categories to coincide with the adoption of the new Vendor Code.
SECTION 4. That the City Council hereby finds and determines that the added User Fees set forth in Exhibit A and Exhibit B do not exceed the estimated reasonable cost of providing the vendor licensing and regulatory activities for which the fees are charged. SECTION 5. This Resolution shall take effect immediately upon its adoption. However, the new User Fees which are being added to the Master User Fee Schedule in the attached Exhibit A shall not be in force or effective until the date that the new Vendor Code (Ordinance No. 2449) has been adopted and subsequently becomes effective. SECTION 6. That the City Council finds that the setting or revising of fees pursuant to this Resolution is exempt from environmental review under the California Environmental Quality 3 of the CEQA Guidelines, which provide an exemption for the establishment or modification of charges by public agencies that the public agency finds are for the purpose of meeting operating expenses. Based on the record as a whole, the establishment or modification of fees or other charges pursuant to this Resolution is entirely for the purpose of meeting operating expenses in that none of the recommended new fees would recover more than 100% of the cost incurred by the City to deliver the services provided. SECTION 7. The City Clerk shall certify to the passage an adoption of this Resolution; shall enter the same in the book of original resolutions; and shall make a minute of passage and adoption thereof in the records of the proceedings, in the minutes of the meeting at which this Resolution is passed and adopted. P:\APPS\WPDATA\VVCA\0001-33 - SIDEWALK VEND & BUS LIC ORD REVS\DOC\880.10-RESO. NO. 24.010 02.09.24 GDB CLN.DOCX