HomeMy WebLinkAbout2019-4 - Adopting the Sidewalk Vending Permit Application Fee Within the Schedule of Rents, Fines, and FeesRESOLUTION NO. 2019-4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING THE
SIDEWALK VENDING PERMIT APPLICATION FEE WITHIN
THE SCHEDULE OF RENTS, FINES, AND FEES
WHEREAS, on September 17, 2018, California Governor Jerry Brown signed
Senate Bill ("SB") 946 into law, which goes into effect January 1, 2019, and regulates
sidewalk vendors throughout the state, including within the City of Newport Beach ("City");
WHEREAS, on November 27, 2018, the City Council adopted Ordinance No.
2018-19, creating a local program to regulate and permit sidewalk vending in compliance
with the parameters established by SB 946;
WHEREAS, Ordinance No. 2018-19 created Newport Beach Municipal Code
("NBMC") Section 5.97.030(C), allowing the City Council to establish a fee for processing
sidewalk vendor permit applications;
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 3.36.010 provides
that services and programs that primarily benefit a person requesting the service are
traditionally funded in whole or in part from fees charged to the person who initiates the
service;
WHEREAS, NBMC Section 3.36.030(A) provides that, subject to some express
exceptions, the cost recovery percentage for user services shall be one hundred percent
(100%);
WHEREAS, in 2010, the City retained MGT of America, Inc. ("MGT") to prepare
cost allocation plan and cost -of -services studies for City services ("Agreement");
WHEREAS, pursuant to the Agreement, MGT has conducted cost -of -services
studies on a rotating basis by department; and
WHEREAS, MGT determined the cost incurred by the City for processing permit
applications related to sidewalk vending ("Services").
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Resolution No. 2019-4
Page 2 of 3
Section 1: The City Council hereby revises the Schedule of Rents, Fines, and
Fees ("SRFF"), in part, as depicted in Exhibit 1, attached hereto and incorporated herein
by reference. Except where prohibited by law, all fees provided shall be rounded down
to the nearest dollar. Except as expressly revised by Exhibit 1, all other provisions of the
SRFF shall continue in full force and effect.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative portion of this resolution.
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this resolution. The City
Council hereby declares that it would have passed this resolution and each section,
subsection, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, sentences, clauses or phrases be declared unconstitutional.
Section 4: The City Council finds the adoption of this resolution and revisions to
the SRFF are not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project
as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations,
Title 14, Chapter 3, because it has no potential for resulting in physical change to the
environment, directly or indirectly.
Section 5: This resolution and all proposed fees and rents shall take effect thirty
(30) days following adoption of this resolution, and the City Clerk shall certify the vote
adopting the resolution.
ADOPTED this 22nd day of January, 2019.
1 � �- - 6
Diane B. Dixon
Mayor
ATTEST:
C
Leilahi I. Brown
City Clerk
APPROVED AS TO FO M:
CITY ATITORNEY'S OICE
�'r
A n C. Harp
Cit Attorney
Resolution No. 2019-4
Page 3 of 3
Attachment: Exhibit 1— Revision to the Schedule of Rents, Fines, and Fees –
Sidewalk Vending Permit Application Fee
x
a
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; the foregoing resolution, being Resolution
No. 2019-4 was duly introduced before and adopted by the City Council of said City at a regular meeting of
said Council held on the 22nd day of January, 2019; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Brad Avery, Council Member Joy Brenner, Council Member Duffy
Duffield, Council Member Jeff Herdman, Mayor Pro Tem Will O'Neill, Mayor Diane
Dixon
NAYS: None
ABSENT: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 23,d day of January, 2019.
W, 1. M'd,
Leilani I. Brown "
City Clerk
Newport Beach, California