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Home My WebLink AboutAdopt Resolution No. 2019-19, "A Resolution Of The City Cou i City of Huntington Beach File #: 19-411 MEETING DATE: 4/15/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Gilbert Garcia, Chief Financial Officer Subject: 10 Adopt Resolution No. 2019,W, "A Resolution Of The City Council Of The City Of Huntington Beach Establishing A Fee For A Sidewalk Vendor Permit By Amending Resolution Nos. 2016- 59, As Amended By Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, And 2019-07, Which Established A Consolidated Comprehensive Citywide Master Fee And Charges Schedule (Supplemental Fee Resolution No. 9)" Statement of Issue: The City Council previously adopted Emergency Ordinance No. 4177, effective through May 23, 2019, to regulate Sidewalk Vending. The Emergency Ordinance followed the enactment of Senate Bill ("SB") 946, adding Government Code Sections 51036-51039, which impose limits on how local authorities regulate sidewalk vending. SB 946 took effect on January 1, 2019. 10 The purpose of Resolution No. 2019-g is to establish a new Sidewalk Vending Permit Fee to administer the Sidewalk Vending and Regulatory Program pursuant to the Sidewalk Vending Ordinance. Financial Impact: The City will receive additional revenue from sidewalk vending business license and permit fees as a result of the adoption of a new Sidewalk Vending Permit Fee. Although unknown at this time, the revenue received by the City each year will depend on the volume of applications. Recommended Action: Iq Adopt Resolution No. 2019X, "A Resolution Of The City Council Of The City Of Huntington Beach Establishing A Fee For A Sidewalk Vendor Permit By Amending Resolution Nos. 2016-59, As Amended By Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, And 2019-07, Which Established A Consolidated Comprehensive Citywide Master Fee And Charges Schedule (Supplemental Fee Resolution No. 9)." Alternative Action(s): Do not approve and direct staff accordingly. City of Huntington Beach Page 1 of 3 Printed on 4/11/2019 289 File #: 19-411 MEETING DATE: 4/15/2019 Analysis: On January 22, 2019, the City Council adopted Emergency Ordinance No. 4177, effective through May 23, 2019, to regulate Sidewalk Vending. Ordinance No. 4179 proposes to readopt permanently into the Municipal Code the Temporary Regulations previously enacted, and is scheduled to be considered for adoption on April 1, 2019. Pursuant to the Sidewalk Vending Ordinance, staff recommends the establishment of a Sidewalk Vending Permit Fee to recover the costs associated with permitting sidewalk vending businesses. The recommended Sidewalk Vending Permit Fee covers the costs of reviewing, processing and issuing documents related to the Sidewalk Vending Permit. This process includes, but is not limited to, the following steps: • Verifying that the vendor has obtained a business license and has provided proof of a valid seller's permit with a listed address of Huntington Beach or Sunset Beach • Reviewing documents related to proof of liability insurance that meets the City's minimum requirements • Reviewing documents to ensure that food vendors have obtained all applicable State and County permits • Completing a background check for each person who will be conducting sidewalk vending activities • Issuing applicable permit documents Based on a formal fee study that was completed in conformance with Proposition 26, staff estimates that the cost to issue a typical permit is $268. This cost includes staff time from Finance, Police and Human Resources/Risk Management. The table below provides a breakdown of the costs: Department/Division Fully Burdened Hours Cost Hourly Rate Finance $131 1.40 $183 Police, Non-Sworn $103 0.50 52 Risk Management $131 0.25 33 Total $268 Below is a comparison of sidewalk vending fees in comparable cities: City Fee City of Newport Beach $155 City of Manhattan Beach $195 City of Santa Ana $225 City of Garden Grove $150-$175 City of Beverly Hills $322 Staff recommends that City Council approve the establishment of a Sidewalk Vending Permit Fee, in the amount of $268, which represents 100% cost recovery to process and issue the permit. City of Huntington Beach Page 2 of 3 Printed on 4/11/2019 pc*ere2QQQ Leo star" File #: 19-411 MEETING DATE: 4/15/2019 Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Strengthen long-term financial and economic sustainability Enhance and maintain City service delivery Attachment(s): 161 1. Resolution No. 2019,.8e"A Resolution of the City Council of the City of Huntington Beach creating a new Sidewalk Vending Permit Fee to administer the Sidewalk Vending and Regulatory Program, and incorporating the new fee into the Consolidated Comprehensive Citywide Master Fee and Charges Schedule as established by Resolution No. 2016-59, and amended by Resolution Nos. 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, and 2019-07." City of Huntington Beach Page 3 of 3 Printed on 4111/2019 povver�'�,Lepistai'' 0 • RESOLUTION NO. 2019-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A FEE FOR A SIDEWALK VENDOR PERMIT BY AMENDING RESOLUTION NOS. 2016-59, AS AMENDED BY RESOLUTION NOS. 2017-46, 2018-01, 2018-29, 2018-48, 2018-55 AND 2019-07, WHICH ESTABLISHED A CONSOLIDATED COMPREHENSIVE CITYWIDE MASTER FEE AND CHARGES SCHEDULE (SUPPLEMENTAL FEE RESOLUTION NO. 9) WHEREAS, the City Council adopted Resolution 2016-59 establishing the Consolidated Comprehensive Citywide Master Fee and Charges Schedule (the"Fee and Charges Schedule"); and The City Council temporarily amended the Fee and Charges Schedule pursuant to Resolution No. 2017-46, and further amended the Schedule pursuant to Resolution Nos. 2018- 01, 2018-29, 2018-48, 2018-55, and 2019-07; and The City Council desires to add the fee for Sidewalk Vendor Permits to the Fee and Charges Schedule, which fee is authorized by the Huntington Beach Municipal Code; and The City contracted with a consultant that conducted a fee study to determine the cost to the City to issue a Sidewalk Vendor Permit. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Section 1. Resolution No. 2016-59, as amended pursuant to Resolution Nos. 2017-46; 2018-01, 2018-29, 2018-48, 2018-55 and 2019-07 is further amended by adopting the Recommended Fee Level column attached in Exhibit A,which shall become effective upon adoption of this Resolution, and continue thereafter. 1 19-7441/199565/SFF • *Resolution No. 2019-1 O) PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on 15th day of April , 2019. Mayor REVIE D APPROVED: APPROVED A ity Manager City Attorney ;=� TIATED AND APPROVED: C ief Financial Officer 2 0 kPSO No. 20 Exhibit A Finance-User Fees No. Fee Description Current Fee Recommended %Cost Fee Level Recovery FN-62 Sidewalk Vending Permit Fee INewl NIA $ 268 100% 3 Res. No. 2019- ,q STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on April 15, 2019 by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy NOES: None ABSENT: None RECUSE: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Switzer, Donna From: Switzer, Donna Sent: Tuesday, March 19, 2019 5:28 PM To: Tapia, Sarah Cc: Esparza, Patty Subject: RE: Reso# request Hi Sarah, The Reso No.will be 2019-19 for: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A FEE FOR A STREET VENDOR PERMIT BY AMENDING RESOLUTION NOS. 2016-59, 2017-46, 2018-01, 2018-29, 2018-48, AND 2018-55, WHICH ESTABLISHED A CONSOLIDATED COMPREHENSIVE CITYWIDE MASTER FEE AND CHARGES SCHEDULE (SUPPLEMENTAL FEE RESOLUTION NO. 8) Please note that there has already been a Supplemental Fee Resolution No.8 (for Increasing Fees for Burglar Alarm Businesses and Alarm System Subscribers..) so this one will be No. 9. Call me in the morning if you have any questions. DdyW1 W$W itW Deputy City Clerk City of Huntington Beach 2000 Main Street Huntington Beach,CA 92648 (714)374-1649 Donna.Switzer@surfcity-hb.org From:Tapia, Sarah<sarah.tapia@surfcity-hb.org> Sent:Tuesday, March 19, 2019 4:31 PM To:Switzer, Donna<Donna.Switzer@surfcity-hb.org> Subject: Reso# request Importance: High Hi Donna, May I please have a reso#for: RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COUNCIL OF THE i CITY OF HUNTINGTON BRCH ESTABLISHING A FEE FOR A IREET VENDOR PERMIT BY AMENDING RESOLUTION NOS. 2016-59, 2017-46, 2018-01, 2018-29, 2018-48,AND 2018-55, WHICH ESTABLISHED A CONSOLIDATED COMPREHENSIVE CITYWIDE MASTER FEE AND CHARGES SCHEDULE (SUPPLEMENTAL FEE RESOLUTION NO. 8) Thank you!!! Sarah Tapia, Legal Assistant Office of the City Attorney City of Huntington Beach ph. 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