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HomeMy WebLinkAboutResolution No. 23-8169 - Adjusting the City's Uniform Schedule of FeesRESOLUTION NO. 23-8169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY ADJUSTING THE CITY'S UNIFORM SCHEDULE OF FEES WHEREAS, the City of Downey (the "City") performs special services for the benefit of a limited number of persons or entities to whom such services are of value; and WHEREAS, the City charges fees for various permits, licenses, and regulatory activity provided by the City (collectively, the "Fees"); and WHEREAS, the cost of rendering such services or regulatory activity should be borne by that limited group who are the beneficiaries rather than the citizenry at large; and WHEREAS, the City has undertaken a User Fee study wherein the costs to provide these special services were calculated and a substantial subsidy in most service areas was found; and WHEREAS, for certain services performed, the cost of providing said service greatly varies and is contingent upon the specifics of such service; the City Council finds it more appropriate to charge a fee equal to the actual costs associated with said service. For such services, an initial deposit may be required to guarantee that the City's actual costs will be reimbursed. If the costs exceed the deposit, the person receiving the service will be responsible for additional deposits or reimbursements necessary to offset City costs. If the cost of service is less than the deposit, then the difference shall be refunded to the applicant. When the deposit amount specified is a flat amount or an estimated amount, the actual deposit will be the higher of the two figures; and WHEREAS, in order for the Fees to cover the costs of providing the services, permits, licenses, or regulatory activity for which the Fees are imposed, many of the Fees must be adjusted to reflect reasonable estimated costs of service; and WHEREAS, the City Council now wishes to adopt the Fees as set forth in Exhibit "A"; and WHEREAS, the Fees to be adopted as part of this action are subject to the procedures set forth in Government Code section 66018; and WHEREAS, in accordance with Government Code section 66018, the City Council called a public hearing for May 23, 2023, for the purpose of receiving public comments on the proposed Fees. Notice of the public hearing was given by publication in a newspaper of general circulation within the City once a week for two weeks commencing at least 10 days prior to the public hearing, with at least 5 days intervening between the first and last publication. On May 23, 2023, at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The above Recitals are true and correct and by this reference incorporated herein. SECTION 2. The City Council hereby adopts the Fees described in Exhibit °1" attached hereto and incorporated herein by this reference. The Fees imposed by this Resolution shall take effect immediately upon adoption of this Resolution. The Fees imposed by this Resolution RESOLUTION NO. 23-8169 PAGE 2 shall supersede any prior fees or charges imposed by resolution or otherwise by the City Council, to the extent such prior fees or charges conflict herewith. SECTION 3. The City Council finds and determines that: (a) The Fees established by this Resolution: (1) are imposed for a specific government service provided directly to the payor, or for reasonable regulatory costs of the City for issuing licenses and permits, performing investigations, inspections, and administrative enforcement of the City's Municipal Code and applicable state and federal law concerning concealed carry weapon permitting; (2) are no more than necessary to cover the reasonable costs of the governmental activity for which the Fee is imposed; and (3) the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor's burdens on, or benefits received from, the governmental activity for which the Fee is imposed; and (b) The Fees are not taxes within the meaning of California Constitution article XIII C, section 1(e). SECTION 4. No Fees other than those identified in Exhibit 1," attached hereto, shall be deemed modified or otherwise affected by adoption of this resolution. SECTION 5. If any section, subsection, clause or phrase in this resolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this Resolution and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED this 231 day c Mayor ATTEST: AA A ALICIA DUART , CMC City Clerk RESOLUTION NO. 23-8169 PAGE 3 HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a Regular meeting held on the 23rd day of May, 2023, by the following vote, to wit: AYES: Council Members: Horn, Sosa, Trujillo, Frometa NOES: Council Members: None. ABSENT: Council Members: None. ABSTAIN: Council Members: None. A A ALICIA DUART , CMC City Clerk