75A - MOBILE VEHICLE VENDING FEES

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5. The fee for this service would not duplicate any existing fee, charge, levy or other toll currently collected by the City or any public agency, and would be distinct and separate from any current or future fee imposed by the County of Orange on various vehicle vendors for health inspections. 6. The moneys collected by this fee would be placed into a fund that would be used only to administer and operate a program to ensure that vehicle vendors act in accordance with the City's regulatory scheme. No moneys from this fund would go to the city's general fund. C. Based upon the City's study the annual cost of administering and operating a program to ensure that vehicle vendors act in accordance with the City's regulatory scheme exceeds $177,000 in direct costs (two additional staff dedicated to the program), equipment costs and indirect costs. This estimate does not include other staff who will be redirected from their current responsibilities during the initial year the new regulatory scheme is in place. To be conservative in ensuring that the fee does not exceed the City's cost to ensure that vehicle vendors act in accordance with the City's regulatory scheme, this total cost has been discounted by 25% to approximately $132,800. Given the current number of vending vehicles licensed in the City (328), the annual fee to be imposed comes to approximately $405.00 per vehicle. A study confirming these facts in greater detail is on file with the Clerk of the Council and is incorporated herein by the reference as though fully set forth. D. Based upon all the testimony, reports and other evidence submitted on this matter, this city council makes the above-specified findings. Section 2: An annual $405.00 per permit fee is hereby established for each person applying for a vehicle vendor's owners permit. This annual fee will be collected beginning the effective date of this Resolution, but for any person from whom the fee is collected in 2005, that person shall be treated the same as a person who pays the fee on January 1, 2006. Section 3: Without further action of the City Council this fee shall be incorporated into the City's Miscellaneous Fee Schedule. Section 4: If any charge, fee, service charge, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Section 5: This Resolution shall take effect simultaneously with Ordinance No. NS-2701, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. 75A-4