PRESENTATIONS
Item #3
Laws, Licensing
Assistance, and Regulation
Presented By:
Andre de Bortnowsky – City Attorney
Jorge Duran – Code Enforcement Official
Fredy Bonilla – City Engineer
Joseph Slegers – Building Official
State Laws
Approved Locations
Licensing Assistance
Education & Regulation
Under the Safe Sidewalk Vending Act, local
governments in California may only restrict the
location of street vending for public health & safety
reasons or temporary events like filmmaking or
farmers' markets
California
Sidewalk Vending Laws
SB 946
California’s first step to decriminalize sidewalk
vending within the State. Among other things, SB
946 prohibits local agencies from:
Prohibiting sidewalk vendors from operating
within specific designated areas;
Requiring sidewalk vendors to seek permission
from businesses to vend in the public right-of-
way;
Prohibiting sidewalk vending in public parks,
with exceptions for those with concession
agreements; and
Restricting the number of sidewalk vendors
The local agency may regulate sidewalk vending
only when necessary to protect “objective health,
safety, and welfare concerns.”
California
Sidewalk Vending Laws
SB 972 California Retail Food Code
(“CRFC”)
Numerous agencies began to seek criminal
enforcement against sidewalk vendors using
the CRFC following enactment of SB 946
SB 972 made the following changes:
Further decriminalized sidewalk vending
throughout the State by prohibiting criminal
enforcement;
Set maximum penalties for administrative
citations only;
Allows for limited food preparation for
compact mobile food operation; and
Added a chapter to the CRFC for Compact
Mobile Food Operations and exempted
them from numerous provisions of the
CRFC
• Roadway must have sidewalk (ADA)
• Vendor clearance of 50 ft. from driveways for motorist safety • Not within 500 ft. of schools, between 8:00 am and 10:00 pm, for motorist and student safety
• Distance restrictions to traffic signs
Sight Distance and Operation Limitations:
• Within 150 ft. of an intersection
• Within 50 ft. of a public/private vehicle drive approach • Within 25 ft. of clear space on sidewalk
Fire hydrant access and ADA accessibility
• Maintaining 4 ft. of clear space on sidewalk
Availability of street parking is required so street vendors customers to not obstruct through traffic lanes
Site Selection,
Assessment,
and Guidelines:
Stationary
Sidewalk Vendors
Stationary Vendor Guidelines
Engineering Department objective safety elements for site assessments:
Sample of
Unacceptable
Stationary Vendor
Locations
PERMIT STREET FROM TO COMMENTS
N Outer Bear Valley Seventh Avenue West of Cypress
Avenue
Not feasible. There is insufficient paved
width to park and accommodate 2-way
traffic.
N Cantina Drive Bear Valley Road Luna Road
Not feasible. Sidewalk is 5.5 feet wide and
has insufficient width. Area behind sidewalk
is LMAD and not available.
N Center Street Seventh Street Zenda Street Not feasible. Sidewalk is 5 feet wide and has insufficient width.
N Cottonwood
Avenue Bear Valley Road Mariposa Road Not feasible. Insufficient width to park adjacent to curb.
N Jasmine Street Industrial Blvd Second Avenue Not feasible. Insufficient width to park adjacent to curb.
N Second Avenue Bear Valley Road Jasmine Street Not feasible. Insufficient width to park adjacent to curb.
N Mall Blvd Bear Valley Road Mall Entrance Not feasible. Insufficient width to park adjacent to curb.
N Yates Road Mariposa Road Arrowhead Drive
Not feasible. Insufficient width to park
adjacent to curb. Only a short segment east
of Mariposa Road has sufficient width but
there are 3 driveways to a storage facility.
• Lack sufficient access for
p
edestrians
• Creates traffic gridlock,
c
ongestion, sight-distance/
road hazards
• Driveways, street signs or
o
ther features create patron/
vendor access issues
• Located on street corners
Pre-Approved
Stationary Vendor
Locations
PERMIT STREET FROM TO COMMENTS
Y Outer Seventh
Street Lorene Dr Valley Center Drive West side
Y Cantina Drive Palmdale Road
Approx. 1,000 feet
north of Palmdale
Road
West side of Cantina Drive
Y Topaz Road Eucalyptus
Street
Approx. 600 feet north
of Eucalyptus Street
Some “R” zones but adjacent to
park
Y Eucalyptus
Street Topaz Road Approx. 500 feet west
of Topaz Road
Some “R” zones but adjacent to
park
Y Monarch Blvd Cottonwood
Avenue Mariposa Road Both North and South Sides
Y Forrest Avenue Seventh Street 8th Street NE side where there is 10 feet wide sidewalk
Y Plaza Drive Seventh Street La Paz Drive South side
Y St Andrews
Drive
Green Tree
Blvd. Lorene Drive Only where there is 10 feet wide
sidewalk
Y Fifth Avenue Bear Valley
Road
Approx. 550 feet north
of Bear Valley Road West side of Fifth Avenue
Y Yates Road Green Tree
Blvd
Approx. 450 feet west
of Green Tree Blvd North side of Yates Road
Y Lorene Drive Seventh Street Valley Center Drive Both sides • Located near commercial
l
ocations
• Located near areas of
i
nterest to Stationary Vendors
• Available vehicle parking
mi
tigates traffic congestion
• Larger sidewalk mitigates
A
DA and pedestrian access
issues
• Applicants may request
a
ssessment of other
locations not listed in the
provided list
Pre- Approved Stationary Vendor Locations
Licensing: Sidewalk Vendor Requirements
BUSINESS LICENSE APPLICATION Apply & submit related documents online through the City’s application System.
STATIONARY VENDOR LOCATION
Business licenses issued to pre-approved locations.
Locations not previously evaluated require City
Engineering Dept. approval.
VENDOR LIST
List of name(s) of all vendors employed by the business owner for Live Scan (completed by the Victorville Police Department).
VENDOR DISPLAY SITE PLAN Dimensions of the vendor setup (carts, tables, etc.).
BUSINESS GENERAL LIABILITY
INSURANCE
Required due to operation within the City right-of-way.
Insurance naming the City as additionally insured.
FICTITIOUS BUSINESS NAME (FBN)
STATEMENT / CORPORATE STATUS:
Needed if the business name does not include the
business owners’ surname.
SELLER'S PERMIT: Needed if selling tangible property.
HEALTH PERMIT Needed for most Compact Mobile Food Operations.
VEHICLE LIST Needed if a vehicle will be used to conduct business.
VEHICLE REGISTRATION / INSURANCE
Needed if a vehicle is required to conduct business; a
copy of the vehicle registration and insurance for each listed vehicle is required.
City Vendor Incentive
and Compliance Policy
50% City business license fee
reduction for vendors who apply and
obtain their vendor business license
Fee reduction for the first year
Requires vendors to continue to adhere
to the City’s vendor regulations
Fee reduction revocable if vendors are
repeatedly in violation
Proposed City
Mobile / Sidewalk
Vendor Fees
VENDOR LICENSE TYPE FULL FEE
PROPOSED
REDUCTION
PERCENTAGE
PROPOSED
FEE AMOUNT
Mobile/Single Location
Sidewalk or Mobile Vehicle
Vendor
(Pre-Approved Location)
$439.00 50% $219.50
Mobile/Single Location
Sidewalk or Mobile Vehicle
Vendor
(Seeking Approval of New
Location)
$499.00 50% $249.50
Public Health Permit for Food Vendors
• Permit issued by San Bernardino County Environmental Health Services (EHS), guided by the California Health and Safety Retail Food Code
• The Role of EHS:
Protect public health through permitting and inspection; Be a resource to the public, operators and local agencies; and Assist non-permitted operators to become permitted operators • SB 946 and SB 972 Require Vendors That Sell Food to:
Meet Health and Safety Code Requirements;
Receive Proper Operational Approval from the local
jurisdiction; and
Obtain a valid health permit for the specific type of food operation
Regulation of
Stationary Sidewalk
Vendors
Location:
• May only operate at approved locations
• Prohibited in residential areas, Farmers Markets, schools • Prohibited where a permitted park concession operates Hours of Operation:
• Adhere to established street vending times
• Prohibited during a special event sponsored by the City Items Sold:
• Monitor sales of prohibited/restricted items (cannabis, adult-oriented material, alcohol, and/or tobacco products • Unpermitted sales of merchandise requiring additional approval by a County, State, or Federal agencies
• Per State law, food vending requires Health Permit
The Code Compliance Department will monitor compliance to the following regulations:
Location:
• Must remain in motion, vending when solicited by patrons • Per State law, allowable vend in residential areas
• Distance limitations to vending near schools
• May not vend within vehicular traffic
Other Requirements:
• Must be non-Motorized carts
• Vending only allowed by authorized persons
• No vending during City special events
• General liability insurance required
• Per State law, food vending requires Health Permit
Items Sold:
• Sales of prohibited/restricted items such as cannabis, alcohol, and/or tobacco products
• Unpermitted sales of merchandise requiring additional approval by other agencies
The Code Compliance Department will monitor compliance to the following regulations:
Location:
• Must remain in motion
• Vending only when solicited by patrons
• Limitations to vending near schools
• May not vend within vehicular traffic
Other Requirements:
• Vending allowed only by authorized persons
• No unauthorized riders within mobile vehicle vendors
• Vending at City special events allowed through event
approvals
• General liability insurance required
Items Sold:
• Sales of prohibited/restricted items such as cannabis, alcohol, and/or tobacco products
• Unpermitted sales of merchandise requiring additional approval by other agencies
The Code Compliance Department will monitor compliance to the following regulations:
Education
• Provide written information in Spanish and English
on
City licensing processes
• Provide County Contact information for Compact
Mobile Food operation
• P
rovide information on approved vending locations
• Coordinate sidewalk vendor educational outreach
pr
esentation in partnership with San Bernardino
C
ounty
Compliance Process
• Warning / Notice of Violation
• F
ines range from $100-$1,000 for repeat violations
• Per State law, 80% fine reduction to sidewalk vendors upon full complianc
e
• R
escission of issued Vendor License after the 4th
violation
Item #4
City Council
FY 2023
-
24 MID
-
YEAR BUDGET PRESENTATION
February 20, 2024
1 Mid-Year Budget Comparison (Citywide)
FY 2023 - 24
2 Adopted Budget Revised Budget Revision Proposed
Budget
Revenues $330.1 Million $331.1 Million $7.4 Million
Increase $338.5 Million
Expenditures $324.3 Million $348.2 Million $4.4 Million Increase $352.6 Million
Revenues Over Expenditures $5.8 Million -$17.1 Million -$14.0 Million Capital Rollover $51.7 Million $2.1 Million
Increase
$53.8
Million
Total Funds Managed: 84
Mid-Year Budget Comparison (General Fund)
FY 2023-24
3 Adopted Budget Revised
Budget Revision Proposed
Budget
Revenues $91.1 Million $93.1 Million $1.0 Million
Increase $94.1 Million
Expenditures $95.7 Million $95.9 Million $1.8 Million
Increase $97.7 Million
Capital Rollover -$4.0 Million -$4.0 Million
VMUS Loan Receivables $1.0 Million $1.0 Million $1.0 Million Revenues Over Expenditures -$3.6 Million -$5.7 Million -$6.5 Million 4 Mid-Year Proposed Budget
Total General Fund Revenues $94,126,345
Less: Total General Fund Expenditures $97,742,280
Subtotal of General Fund Activity ($3,615,935)
Less: FY 2023 Capital Rollover $4,010,220
Add: FY 2024 VMUS Loan Receivables $1,066,667
Total Draw on Unreserved Fund Balance ($6,559,488)
Mid-Year Budget Appropriations
(General Fund)
5 General Fund
Reserve Requirement 17% $17.29 Million
Reserve Projection 46% $46.44 Million
Measure P
Reserve Requirement 17% $6,410,492
Reserve Projection 93% $34,801,444
General Fund & Measure P
Reserve Requirements
Reserve Requirements are calculated as follows:
Total Budgeted Expenditures x Reserve Policy % = Reserve Requirement 6 General Fund Revenue
The General Fund projects a net increase in budgeted revenues of $1,015,992.
This change in revenues is due various increases and decreases, but primarily stemming from:
• $1.7 Million increase in interest revenue.
• $435,000 payment received from San Bernardino County Auditor-Controller for vehicle fines collected by the court on the City’s behalf. • $100,000 reduction in plan check fee revenue.
• Just over $1 Million in sales tax reduction per HdL Companies, the City’s sales tax consultant’s projection for the second quarter of the FY.
General Fund Expenditures
The General Fund projects a net increase in budgeted expenditures of $1,841,625.
This change in expenditure is due various increases and decreases, but primarily stemming from:
• $100,000 is requested to pursue a new agreement with the Auto Park Associations.
• Approximately $288,800 is requested by IT to implement new projects such as bringing the Animal Shelter online with the City. • Over $800,000 for Fire, primarily for PPE
• $150,000 will go towards a classification study
7 Summary of Changes To The Mid-Year
Table of Organization
8 Department Title Range / Title
City Managers Department
Added: 1 1 Management Specialists 35
Deleted: 1 1 Executive Assistant to the Deputy City Manager 37 Building Department
Deleted: 1 1 Senior Plan Checker 42
Finance Department
Added: 2 2 Finance Technician 29
Deleted: 1 1 Senior Account Clerk 24
Fire Department
Added: 1 1 Fire Administrative Manager 52
Deleted: 1 1 Deputy Chief of Administrations 59
Public Works & Water Department
Added: 1 1 Public Works & Water Administrative Manager 52 Southern California Logistics Airport
Added: 2 1 Airport Administrative Manager 52
1 Airport Business Technician 29
Deleted: 1 1 Airport Specialist 35
Title Change: 1 1 From Airport Technician to Airport Project Technician 29 9 Questions