HomeMy WebLinkAbout03 - Amending Exhibit A to NBMC Section 3.36.030 Related to Cost RecoveryQ �EwPpRT
CITY OF
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z NEWPORT BEACH
<,FORN'P City Council Staff Report
June 23, 2020
Agenda Item No. 3
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dan Matusiewicz, Finance Director - 949-644-3123,
dmatusiewicz@newportbeachca.gov
PREPARED BY: Theresa Schweitzer, Senior Accountant,
tschweitzer@newportbeachca.gov
PHONE: 949-644-3140
TITLE: Ordinance No. 2020-10: Amending Exhibit A to Newport Beach
Municipal Code Section 3.36.030 Related to Cost Recovery
ABSTRACT:
The second reading and adoption of Ordinance No. 2020-10, amending Exhibit A to
Newport Beach Municipal Code Section 3.36.030 related to cost of service recovery
percentages or amounts.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct second reading and adopt Ordinance No. 2020-10, An Ordinance of the City
Council of the City of Newport Beach, California, Amending Exhibit A to Newport
Beach Municipal Code Section 3.36.030 Related to Cost Recovery.
FUNDING REQUIREMENTS:
There is no expenditure of funds related to this item.
DISCUSSION:
On June 9, 2020, after a noticed public hearing, the City Council introduced and passed
to second reading Ordinance No. 2020-10, which updates Exhibit A to Municipal Code
Section 3.36.030 related to cost of service recovery.
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Ordinance No. 2020-10: Amending Exhibit A to Newport Beach Municipal Code Section
3.36.030 Related to Cost Recovery
June 23, 2020
Page 2
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is 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.
► Is] IINIZ1 a
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A —Ordinance No. 2020-10
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ATTACHMENT A
ORDINANCE NO. 2020-10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
EXHIBIT A TO NEWPORT BEACH MUNICIPAL CODE
SECTION 3.36.030 RELATED TO COST RECOVERY
WHEREAS, the City of Newport Beach ("City") funds certain municipal services,
which are typically performed without request by the user, benefit the public generally
and are traditionally funded by tax revenue;
WHEREAS, the City performs other services which are funded in whole, or in
part, by a person requesting the service;
WHEREAS, Subsection 3.36.030(A) of the Newport Beach Municipal Code
("NBMC") provides the cost recovery for user service fees specifically requested by a
person shall be at one hundred percent (100%), unless the amount is modified by the
City Council in Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the
NBMC;
WHEREAS, the Finance Department conducts regular fee studies and makes
recommendations to the City Council regarding adjustments that may be made to the
cost recovery amounts provided in Exhibit A to Section 3.36.030 (Cost Recovery
Percentages) of the NBMC, to ensure compliance with the law, consistency with current
practices, and the maintenance of a high level of customer service for our residents;
WHEREAS, on February 13, 2020, the proposed revisions to Exhibit A to Section
3.36.030 (Cost Recovery Percentages) of the NBMC, were presented as a receive and
file to the City's Finance Committee; and
WHEREAS, City staff recommends the City Council adopt the proposed revision
as depicted in Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Exhibit "A" to Section 3.36.030 (Cost Recovery Percentages) of the
NBMC, is hereby amended to read as follows:
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Ordinance No. 2020-10
Page 2 of 6
Exhibit A
The City's cost of providing the following services shall be recovered through direct fees
charged for services. Exhibit "A" limits cost recovery fees to the percentages or dollar
amounts indicated below.
Service
Percentage of
Cost or
Amount to Be
Recovered
from Direct
Fees
Community Development
Department
Building
Appeals Board Hearing—Applicant
Successful
0%
Appeals Board Hearing—Applicant
Unsuccessful
$1,715
Harbor Construction
50%
Preliminary Plan Review
First Two Hours
Free, Full Cost
Thereafter
Planning
Appeals to City Council
$1,715
Appeals to Planning Commission
$1,715
Coastal Development Permit
Application Appeals from Zoning
Administrator to Planning
Commission
0%
Reasonable Accommodation
0%
Recreation and Senior Services
Department
Adult Sports
50%-95%
Administrative Processing Fee
$5
Badge Replacement
$5
After School/Camp Programs
Camps
20%-50%
After-School/Teen Program
20%-50%
Pre -School Program
20%-50%
Aquatics
20%-50%
Contract Classes
50%-95%
Class Refunds
$74 or less
$10
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Ordinance No. 2020-10
Page 3 of 6
Service
Percentage of
Cost or
Amount to Be
Recovered
from Direct
Fees
$75 or more
$20
Youth Sports
20%-50%
Special Events—Levels 1, 2,
and 3
Resident, Level 1 and Late Fees for
Level 1
0%-20%
Resident, Levels 2-3 and Late
Fees for Levels 2-3
20%-50%
Nonresident, Levels 1-2 and Late
Fees for Level 1
20%-50%
Nonresident, Level 3 and Late Fees
for Levels 2-3
50%-95%
Appeal to City Council
50%-95%
Natural Resources Programs
0%-20%
Senior Services
Oasis Transportation
$1—$3 each
way
Contract Classes
20%-50%
Fitness Center
50%-95%
Library Services Department
Passport Photo
$10
Use Fees—Materials
$1
Inter -Library Loan
$5
Fire Department
Emergency Medical Services
Advanced Life Support (ALS)—
Nontransport
$400
Basic Life Support (BLS)—
Nontransport
$400
ALS First Responder Fee
$400
BLS First Responder Fee
$400
Fire Prevention
Candle Permit Program
76%
Care Facilities
7-99 Clients
36%
Care Facilities >99 Clients
40.8%
Commercial Day Care Facilities
36%
Hotels/Motels
36%
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Ordinance No. 2020-10
Page 4 of 6
Service
Percentage of
Cost or
Amount to Be
Recovered
from Direct
Fees
50-299 Rooms
Hotels/Motels
300 or More Rooms
92.4%
Operational Permits—Level 1
40%
Operational Permits—Level 2
38.1%
Residential Care Facility
Prelicense Inspection
96%
Special Event Permits—Single
Event
88%
State Fire Clearance
82%
Junior Lifeguards
Junior Lifeguards—Participation Fee
$727
Police Department
Bike Licenses
17%
Secondhand/Pawn Dealer Tag
Check
0%
Registrant—Narcotics
0%
Animal Shelter
Adoption Fee – Dogs
$150
Adoption Fee – Puppies
$225
Adoption Fee – Cats
$90
Adoption Fee – Kittens
$110
Adoption Fee – Small Animals
$45
Boarding Fee (per day) – Animals
$25
Boarding Fee (per day) – Small
Animals
$10
Owner Turn -In Fee
$100
Impound Fee – Dogs, Cats, Small
Animals
$55
Public Works Department
Engineering
Encroachment Permit without Other
Department/Division Review
88%
Encroachment Permit with Other
Department/Division Review
57%
Harbor Department
Appeal of Lease/Permit under
Section 17.65
$100
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Ordinance No. 2020-10
Page 5 of 6
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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Percentage of
Cost or
Amount to Be
Recovered
from Direct
Service
Fees
Finance Department
Payment Plans (Except Parking)
$25
Parking Hearings
0%
Admin. Cite Hearings
0%
Municipal Operations
Construction Water Meter
50%
Establishment
Fats, Oils, and Grease (FOG)
0%
Annual Permit
City Council, Board, Commission,
Committee or Any Individual
Member Thereof When Acting
within the Scope of Their Official
Duties
Review from a Lower Body or
$0
Official
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is 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, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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Ordinance No. 2020-10
Page 6 of 6
Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal
Code shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of June, 2020, and adopted on the 23rd day of
June, 2020, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
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