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c�<,FORN'P City Council Staff Report
March 9, 2021
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Scott Catlett, Finance Director/Treasurer - 949-644-3323,
scatlett@newportbeachca.gov
PREPARED BY: Theresa Schweitzer, Senior Accountant,
tschweitzer@newportbeachca.gov
PHONE: 949-644-3140
TITLE: Ordinance Nos. 2021-7 and 2021-8: Approval of the Fee Study
Update
ABSTRACT:
The City of Newport Beach's consultant, MGT of America (MGT), has updated the
Finance, Harbor, Public Works, and Utilities Department portions of the fee study
following a cost recovery analysis. Staff recommends fee changes effective July 1, 2021,
for the majority of the fees, with the exception of the following:
1. Electric Vehicle (EV) Chargers per kWh fee — effective March 10, 2021; and
2. EV Chargers Surcharge — effective April 22, 2021 (30 days after the second
reading of the ordinance).
RECOMMENDATION:
a) Conduct a public hearing;
b) 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;
c) Adopt Resolution No. 2021-21, A Resolution of the City Council of the City of Newport
Beach, California, Adopting and Revising Certain Fees Within the Schedule of Rents,
Fines, and Fees and Updating the Methodology for Annual Consumer Price Index
Calculations;
d) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2021-7, 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, and pass to second reading on March 23, 2021; and
e) Waive full reading, direct the City Clerk to read by title only, Introduce Ordinance
No. 2021-8, An Ordinance of the City Council of the City of Newport Beach, California,
Enacting Newport Beach Municipal Code Section 12.44.111 to Permit the
Establishment of Overstay Charges for Parking Spaces Designated for Use of Public
Electric Vehicle Charging Stations, and pass to second reading on March 23, 2021.
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Ordinance Nos. 2021-7 and 2021-8: Approval of the Fee Study Update
March 9, 2021
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FUNDING REQUIREMENTS:
Staff estimates that these fees, if approved by the City Council as recommended, will
amount to approximately $216,000 in additional revenues for the Water or Sewer Funds
and a decrease in revenues of approximately $65,000 in the General Fund. However,
this projection does not account for any fees where volume statistics are unavailable.
The fiscal impact of any newly proposed fee or fee increase that is not approved will be
absorbed either through General Fund, Water Fund, or Sewer Fund subsidy.
Removing the General Fund subsidy for the Junior Lifeguard Program fee will generate
approximately $174,000 in additional revenue per year that would be used to contribute
towards a portion of the capital costs for the new Junior Lifeguard facility.
BACKGROUND:
Newport Beach Municipal Code (NBMC) Section 3.36, City Council Policy F-4 (Revenue
Measures) and Item 12 of the Fiscal Sustainability Plan (FSP) provide staff and the City
Council with policy guidance related to setting cost recovery targets and updating user
fees. User fees, or cost -of -service fees, are charged to a private citizen or group for
services performed or provided by a government agency on their behalf. If the service
benefits primarily an individual or group of people, then the burden of that cost should
be borne by the person or group receiving the benefit.
NBMC Section 3.36.030 sets the cost recovery for user fees at one hundred percent
(100°/x), with the exception of the subsidized fees listed in Exhibit "A" of that same
section, as well as those limited by California or Federal statutes. A recommendation for
less than one hundred percent (100%) cost recovery rate may occur when a service is
beneficial to the community at large along with specific individuals or groups, and/or
when there is an economic incentive, or disincentive, to do so. In these cases, the
General Fund typically subsidizes the service. Any newly proposed fee or fee increase
that is not approved will be absorbed through General Fund, Water Fund, or Sewer Fund
subsidy. NBMC Section 3.36.030 Exhibit "A" subsidy changes can be found in
Attachment D.
The Schedule of Rents, Fines, and Fees (SRFF) is a customer service document
maintained by the Revenue Division, available online, which includes cost -of -services
fees, as well as fines and penalties, rents, and other charges imposed by the City of
Newport Beach (City) or mandated by the State of California. Fees approved by City
Council update the cost -of -services fees within the SRFF.
This latest fee study was conducted by the City's consultant, MGT of America (MGT). In
order to establish fees on the basis of full cost recovery, it is necessary to determine the
cost of services. MGT conducts a comprehensive review and update of the City-wide cost
allocation plan and direct user fee calculations for each department on a rotating basis
every three to five years. MGT uses well-established cost accounting methodologies to
calculate our municipal fees on a full cost recovery basis and contracts with a significant
number of municipalities in California.
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Ordinance Nos. 2021-7 and 2021-8: Approval of the Fee Study Update
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This year, MGT studied the following departments:
• Finance
• Harbor
• Public Works
• Utilities
The complete list of studied fees can be found in Exhibit 1 within Attachment A.
There are also a few fee updates outside of these departments:
• All Departments — Lobbyist registration fee, Public Records Act Request
(PRAR), photocopies, and flash drive
• Community Development Department — Title 17 related appeals fees
• Library — Black & white and color copies
On February 18, 2021, staff presented the fee study updates to the Finance Committee
as a receive and file item.
The following additional updates are recommended either as a result of discussion at the
Finance Committee meeting or due to further information provided by staff after the
meeting.
1. Dog License — Tag Replacement — Additional information was provided by staff that
these tag replacements are handled either by Animal Control in the Police Department
or Revenue staff, not both. The fee study was updated resulting in the proposed fee
going from $10 to $7. The current fee is $7, so this results in no change to the fee.
2. EV Chargers Surcharge — To encourage turnover of vehicles at EV charging stations,
staff recommends implementing a surcharge of $0.10 per minute, after a 10 -minute
grace period, capped at $61, for vehicles that remain plugged in at the EV charging
station after charging is complete. If a vehicle is either unplugged or blocking the EV
charging station, the current parking citation penalty of $61 would apply.
3. Junior Lifeguard Fee — The Junior Lifeguard fee is currently set at $727 per participant
within NBMC Section 3.36.030 Exhibit "A", while the current full cost of the Junior
Lifeguard program is $856 per participant. This results in a General Fund subsidy of
$129 per participant. Typical annual volume for the Junior Lifeguard program is around
1,350 participants, resulting in a total subsidy of approximately $174,150 each year.
Staff recommends removing the subsidy from NBMC Section 3.36.030, which would
increase the Junior Lifeguard fee to its full cost of $856 effective July 1, 2021, for the
2022 Summer Program. Starting with next year's program, this would generate
approximately $174,000 in additional revenue per year that would be used to
contribute towards a portion of the capital costs for the new Junior Lifeguard facility.
The General Fund contribution to the Facilities Financial Plan (FFP) will be increased
by a like amount annually until such time as the $1.1 million additional costs for the
Junior Lifeguard facility beyond what has already been allocated in the FFP has been
recovered, after which time the funds will remain in the General Fund in subsequent
fiscal years to cover the higher operating and maintenance costs for the facility.
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4. RGP Dredging Permit — The RGP Dredging Permit is a five-year permit that the City
procures on behalf of the residents. Managing and administering the permit is
complex, especially during the reauthorization and sediment characterization process.
Over the last five years there have been 122 dredging projects (27 City/95 Applicant).
The City has staff time assigned to this process and pays over $750,000 in consulting
fees over a five-year period for application processing, sediment testing, and program
management. The studied cost of the RGP Dredging Permit fee presented at the
Finance Committee meeting on February 18, 2021, was $3,203, up from the current
fee of $1,900. However, after the Finance Committee meeting, the fee consultant
discovered a formula error in the allocation of consultant costs to projects; Anchor
QEA refined the breakdown of their costs, which increased the originally projected
costs; and finally, time estimates for the City's Administrative Manager were reviewed
and reduced. These adjustments resulted in the cost of the RGP Dredging Permit
increasing to $7,766. However, staff recommends adding a recovery percentage of
42% to maintain the fee at $3,262, more closely aligned to the amount reviewed and
approved by the Finance Committee.
DISCUSSION:
MGT meets with each of the studied departments to discuss the services provided, the
annual volume for those services, and the staff and time estimates for working on said
services. MGT then calculates the department staff's fully burdened hourly rate, which
includes both internal administrative as well as citywide overhead costs. The fully
burdened hourly rates are applied to the time estimates provided by staff and the fee is
calculated. MGT reviews and cross checks the results to ensure the data is valid and
asks each department to review the calculations for accuracy and reasonableness. Once
the calculations are confirmed, department staff then recommends that the fee should
either be fully recovered or subsidized. An example of this process is provided in
Attachment E.
The most common reasons for fees to go up or down are: 1) costs changing over time,
most often increasing 2) the staff performing the service changes, and/or 3) the amount
of time to perform the service changes.
Below is a summary of how studied department fees are changing:
Department
Increasing
Decreasing
Eliminated
No
Chane
New
Fees
Totals
Finance
18
5
1
7
6
37
Harbor
18
2
0
0
5
25
Public Works
18
12
3
5
2
40
Utilities
7
4
2
5
4
22
Total
61
23
6
17
17
124
PCT of Total
49%
19%
5%
13%
13%
100%
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Finance
The Revenue Division of the Finance Department maximizes and safeguards the City's
revenues by implementing and enforcing Municipal Code revenue programs. These
programs include, but are not limited to, tax collection, short term lodging, film permitting
and parking. The Revenue Division was last studied in 2016.
The results of the Finance fee study updates are as follows:
Department
Increasing
Decreasing
Eliminated
No
Chane
New
Fees
Totals
Finance
18
5
1
7
6
36
PCT of Total
50%
13%
3%
17%
16%
100%
Staff recommends changes to the following fees:
• Delinquent Transient Occupancy Tax (TOT) Payment fee ($54) — Delete. A 10%
penalty, as well as interest at the rate of 11/2% per month, is already charged when
TOT payments are submitted past the due date.
• TOT Reprint fee ($14) - Rename to "Zero Bill Reprints" and add fee as subsidy to
NBMC Section 3.36.030 that will establish the recovery at 0% to reflect current
administrative practice. Zero bills are based on forms that customers complete to
calculate the tax owed. Staff time to process is minimal and current practice is not
to charge the fee.
The following new fees are recommended -
1 .
ecommended:
1. Short Term Lodging Permit (STLP) Reinstatement ($91) — Applies if an owner's short
term lodging permit is suspended and after the designated time within NBMC Section
5.95.065 the owner wishes to reapply. This fee covers staff time to reinstate the permit.
2. STLP Suspension or Revocation Hearing ($509) — Pursuant to NBMC Section
5.95.065, an owner may request a hearing after their permit is suspended or revoked.
This fee covers staff time as well as the cost of the hearing officer. Staff recommends
subsidizing this fee at 50% so there is equal cost sharing between the City and the
appellant; and subsidizing this fee at 100% if the appellant is successful.
3. Film Permit — Review (5 or fewer cast & crew) ($12) — The City has a contract with
FilmLA to process film permits; however, all permits require staff review prior to final
approval. Smaller shoots with five or fewer cast and crew, like family portraits and
school photos, take less staff time to review.
4. Film Permit — Review Fee (6 or more cast & crew) ($51) — Larger productions, those
with 6 or more cast and crew, may require additional department review, have multiple
locations, and/or parking requirements.
5. Film Permit Staff Time Outside of Permit Application (fully burdened hourly rate of staff
and actual time) — Some film permits require scheduling and coordinating Police and
Fire — Lifeguard staff or other City staff to be present at the production.
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6. Film Permit — Cancellation (for permits requiring additional City services) (fully
burdened hourly staff rate and actual time) — at times a permittee will decide they no
longer require additional City services at the production or reduce the amount of time
staff are required to be present. These amendments or cancellations require
administrative staff time to coordinate the staff cancellation and scheduling.
Harbor
On July 1, 2017, the City took over responsibility for managing harbor operations from
the Orange County Sheriff. Initially, the City utilized the fee schedule from the County
of Orange to charge for fees. A fee study was conducted about a year later after staff
was able to evaluate the services provided. The last Harbor Department fee study
update was adopted January 22, 2019, through Resolution No. 2019-03. This Harbor
Department fee study was taken to the Harbor Commission on January 13, 2021.
The results of the Harbor fee study updates are as follows:
Department
Increasing
Decreasing
Eliminated
No
Chane
New
Fees
Totals
Harbor
18
2
0
0
5
36
PCT of Total
72%
8%
0%
0%
20%
100%
Staff recommends changes to the following fees:
Appeals or Calls for Review ($1,250 for appeals to Harbor Commission; $940 for
appeals to City Council) - Harbor appeal fees are currently set to charge on an
hourly basis at staff's 100% fully loaded hourly rate. NBMC Section 17.65 was
revised last year to outline the procedures for appealing a decision from the
Community Development Director, Public Works Director, Harbormaster, and
Harbor Commission. The studied fees varied between departments due to different
staff and time estimates (shown in the table below). In order to provide continuity
and remain in line with other subsidized appeals fees within the City, staff
recommends a flat appeal fee which is approximately 50% of the average fee
between departments. Staff also recommends a subsidy of 100% if the appellant
is successful.
Service
Full
Cost
50%
Subsidy
Recommended
Flat Rate
a. Appeal of CDD Director Decision to Harbor Commission
3,030
1,515
1,250
b. Appeal of Harbor Commission Decision to City Council (CDD)
2,073
1,036
940
c. Appeal of Harbormaster Decision to Harbor Commission
1,796
898
1,250
d. Appeal of Harbor Commission Decision to City Council
(Harbor Dept)
1,551
775
940
e. Appeal of PW Director Decision to Harbor Commission
2,699
1,350
1,250
f. Appeal of Harbor Commission Decision to City Council (PW)
2,030
1,015
940
g. Average Appeal to Harbor Commission (a+c+e)/3=g
2,509
1,254
1,250
h. Average Appeal to City Council (b+d+f)/3=h
1,885
942
940
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Harbor Special Events — Simple ($95) - Staff recommends changing the "Raft Up
Permit" name to "Harbor Special Events — Simple" in order to expand permit
approvals to include events such as boat races and raft ups.
Marine Activities Permit (MAP) application (initial) — Service Provider ($365); MAP
application (initial) — Charters ($1,137); MAP application (initial) - Boat Rentals
($1,137); MAP application (initial) - Human -Power Rentals ($1,137) - NBMC
Section 17.10 was recently revised to require most commercial activity in Newport
Harbor to obtain a MAP. Staff worked with the Harbor Commission to identify the
most common business types, listed above in bold, in the harbor that would be
required to obtain a MAP pursuant to the new ordinance.
Staff recommends adding the following new fees:
1. Environmental Response ($73 per hour plus actual materials cost) - Applies when
a boater experiences mechanical or vessel system failure that results in hazardous
materials being introduced into the harbor, necessitating staff to contain the
hazardous material and a contractor to clean it.
2. Harbor Special Events — Complex ($491) - Large scale harbor events require
assignment of Harbor Department resources during the planning and execution of
the activity.
3. Large Boat Permit 1(>_ 80 Linear Feet), Requiring Interagency Coordination ($736)
— Applies when a large motor yacht or vessel requests temporary mooring permits
within the harbor, where coordination with the owners' representatives, the United
States Coast Guard, and/or third -party service providers is required.
4. Large Boat Escort (per escort and per vessel) ($102) — Applies when Harbor
Department vessels are required to provide escort services to large vessels
entering or departing the harbor.
5. Multiple Vessel Mooring System Application ($503) — Applies to permittees
requesting consideration for the installation of approved float systems on a
permitted off -shore mooring.
Due to the recent updates to Title 17, staff recommends deleting the current subsidy of
$100 for "Appeal of lease/permit under Chapter 17.65". This subsidy was intended for
appealing a lease/permit decision rendered by a hearing officer. Because hearing
officers are no longer hearing these appeals, this subsidy is no longer relevant.
Public Works
The Public Works Department is responsible for managing a comprehensive capital
improvement program, including the promotion of a safe and efficient transportation
system. Public Works also manages public property through permitted encroachments;
ensures the safety of utility company activities, private construction and special events in
the public right-of-way; reviews plans for residential and commercial development as they
relate to the public right of -way; and oversees activities that protect and improve the
harbor and upper bay. The proposed changes to the Public Works fees cover the following
areas which have not been updated since 2015: Engineering & Transportation, Refuse,
and Water Quality.
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The results of the Public Works fee study updates are as follows:
Public Works Department
Increasing
Decreasing_Eliminated
No
Change
New
Fees
Totals
Engineering & Transportation
12
12
3
5
2
34
Refuse
2
0
0
0
0
2
Water Quality
41
0
01
0
01
4
Total
181
12
31
5
21
40
PCT of Total
45%
30%
8%1
13%
5%1
100%
Engineering & Transportation
Staff recommends changes to the following fees:
• Encroachment with Other Department/Division Review and the Encroachment
Without Other Department/Division Review — NBMC Section 3.36 currently
subsidizes these services at 57% and 88% recovery. Staff recommends removing
both subsidies so these fees can be charged at full cost recovery.
• Engineering Field Inspection ($138) — Currently, there are three separate fees at the
same cost for engineering field inspections. Staff recommends combining them into
one fee.
• Plan Check with Pre -Permit Review ($155) — Delete. There is no material difference
in staff time or process from that of a regular plan check.
• The same recommendation for Chapter 17.65 appeals as described under the
Harbor Department applies to appeals related to Public Works Director decisions.
Staff recommends adding the following new fees
1. Encroachment & Engineering Agreement Prep — Planning Commission ($3,139) —
The City currently has an Encroachment & Engineering Agreement Prep fee;
however, some agreements require Planning Commission Review while others do
not. Creating a separate fee when Planning Commission review is required applies
a fairer distribution of costs. This new fee covers the increased amount of staff time
required, coordination between multiple departments, and public hearing expenses,
such as the cost of mailings and the posting of the public notice. The current
Encroachment & Engineering Agreement Prep fee will decrease as a result of this
split.
2. Plan Check (new construction) add-on for Harbor Commission Public Hearings
($2,130) — The City currently has a Plan Check Fee; however, similar to the fee
above, some plan check fees require Harbor Commission review while others do not.
The addition of this fee ensures that costs are more fairly distributed based on the
complexity of the project.
Municipal Operations (Sections: Refuse and Trees
The fees in this latest study were updated based on current staff and time estimates
appropriate for those services.
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Approval of the Fee Study Update
March 9, 2021
Page 9
Staff recommends adding the following pass-through fees:
1. Tree Planting/Removal (actual contract expense)
2. Supplemental Tree Trimming (actual contract expense)
Water Quality
Activities within this service area are designed to maintain compliance with state and
federal permits and regulations that promote clean water environments for the Newport
Bay, ocean, shoreline, and other sensitive areas.
Staff recommends changes to the following fees:
1. Water Quality Construction Site Inspections — Staff recommends a tiered fee
structure based on the complexity and size of the project. The number of inspections
required can be as low as just one during the life of the project and other
circumstances can require as many as eight or more. In order to ensure full cost
recovery, staff recommends this tiered fee structure.
2. EV Chargers ($0.46 per kWh) — Historically, this fee only included the pass-through
cost of electricity and the cost of the EV provider contract agreement. Staff
recommends updating the fee to include staff time for the administration of the EV
program.
Utilities
The Utilities Department provides clean, safe, and responsive utility and infrastructure
maintenance services to the community. The fees were last studied in 2016.
The results of the Utilities fee study updates are as follows:
Department
Increasing
Decreasing
Eliminated
No
Chane
New
Fees
Totals
Utilities
7
4
2
5
4
22
PCT of Total
32%
18%
9%
23%
18%
100%
Staff recommends changes to the following fees:
Lifting Eye for Trench Plates ($121) and Trench Plate Delivery ($452) — Delete. The
Utilities Department no longer provides or delivers trench plates for construction
projects because they are provided by a contractor.
Construction Water Meter — Per Month ($99.89) — This fee is the same as the 2 -inch
water meter within the water rate study and should be updated in conjunction with
that rate each year.
• Utilities water meter and water and sewer meter box and lids (actual cost) - These
charges are detailed in Exhibit 1 of Attachment A.
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Staff recommends adding the following new fees:
1. Sewer Only Establishment Fee ($49) — This fee would apply when a property owner
receives their water supply entirely from an entity other than the City (e.g. Mesa
Water or Irvine Ranch Water District) but their property connects into the City sewer
system. This fee would cover the cost of the initial access into the sewer system and
setting up the customer's account.
2. FOG (Fats, Oils, and Grease) Non -Compliance (additional inspections) ($70) - The
City currently covers the cost of the initial annual inspection. This fee would cover
the cost of additional inspections should they remain non-compliant with NBMC.
3. Water and Sewer Service Establishment — Non -Business Hours (turn -ons) ($321) -
This fee would apply when a customer requests their services be turned on outside
of normal business hours. The City is required to pay overtime to the on-call
employee tasked with performing this service and this additional fee would help
recover that cost.
4. Re -Inspection Fee (hourly) ($165) - This fee will be charged when re-inspection(s)
are required due to non-compliance with prior inspection instructions or the terms
and conditions of the permit have not been met.
Other Fee Updates
Staff recommends the following:
1. Lobbyist Registration (pass through contractor cost) - Currently, the contractor does
not charge a fee to register lobbyists, but if the contractor does charge a fee in the
future, that cost would be passed to the individual registering.
2. Regular Photocopies ($5 per 5 minutes) — Delete. The current $5 per increment
charge was calculated using the Deputy City Clerk salary and benefits. The staff
positions can vary and are calculated using the appropriate staff who conducts the
copies. With advancements in technology this fee is rarely charged as most PRAR
requests are no longer copied, but rather emailed or loaded onto a flash drive.
3. Flash Drive ($6) — At times the City Clerk's Office is requested to provide
documentation for PRARs on flash drives. Adding this pass-through fee will make
the amount of the fee available to the public.
4. Appeals or Calls for Review ($1,250 for appeals to Harbor Commission; $940 for
appeals to City Council) — As stated above, the revised NBMC Chapter 17.65
addresses appeals of the Community Development Director decisions to the Harbor
Commission and Harbor Commission decisions to City Council.
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5. Library Per Page Copies ($0.35 black and white; $0.45 color) — The Library provides
copiers to the public for making black and white and/or color copies. The per copy
cost for Library copies is different than the average cost of copies for City
departments. The cost is calculated using the replacement cost of the copier, its
useful life, the annual number of copies, the maintenance cost of the copiers, and
paper costs. The study calculated the cost of Library black and white copies at $0.39
per copy and color copies at $0.49. Staff recommends these costs be rounded down
to the nearest nickel for easy application. The Library currently charges $0.15 per
black and white copy and $0.75 per color copy.
Resolution No. 2018-55 provides that Harbor rents (approved by Resolution No. 2019-
3) and facility rentals (approved by Resolution No. 2018-55) shall increase annually by
changes to the Consumer Price Index (CPI), but limits the annual increases to three
consecutive increases. The limitation was to ensure that cost of service fees is studied
within the 5 -year timeframe as directed in NBMC Section 3.36.010. However, because
rental fees are outside of the rotating comprehensive fee studies, staff recommends
clarifying the CPI language to exclude those charges from the 3 -year cap.
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.
The agenda item has been noticed according to Government Code Section 66018(a) (two
publications with at least five days intervening between the two dates), Government Code
Section 66016(a) (notice mailed at least 14 days prior to the meeting to any interested
party who files a written request) (mailed notice to Building Industry Association of
Southern California, AT&T, Southern California Edison, and Southern California Gas
Company on February 23, 2021), and the Brown Act (72 hours in advance of the meeting
at which the City Council considers the item).
ATTACHMENTS:
Attachment A
—Resolution No. 2021-21
Attachment B
—Ordinance No. 2021-7
Attachment C
— Ordinance No. 2021-8
Attachment D
— Redline Amended Newport Beach Municipal Code Section 3.36.030
Attachment E
— Application of Indirect Costs to the Calculation of Fees for Services
13-11
ATTACHMENT A
RESOLUTION NO. 2021- 21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADOPTING AND
REVISING CERTAIN FEES WITHIN THE SCHEDULE OF
RENTS, FINES, AND FEES AND UPDATING THE
METHODOLOGY FOR ANNUAL CONSUMER PRICE
INDEX CALCULATIONS
WHEREAS, Section 3.36.010 of the Newport Beach Municipal Code ("NBMC")
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, Subsection 3.36.010(C) of the NBMC further provides that to ensure
fees charged for services are an accurate reflection of costs, the City should conduct a
fee study at least once every five years;
WHEREAS, contemporaneous with this resolution the City Council introduced
Ordinance No. 2021-_, amending Exhibit A to Section 3.36.030 (Cost Recovery for User
Services) of the NBMC;
WHEREAS, Exhibit A to Section 3.36.030 of the NBMC contains cost recovery
percentages for specific services, and provides that the City Council may modify the fee
resolution upon a determination that there has been an increase or decrease in one or
more cost factors relevant to the calculation of the actual cost of providing the service;
WHEREAS, in 2019, the City retained MGT of America, Inc. ("MGT') to prepare
the cost allocation plan and cost -of -services studies for the City ("Agreement"),
WHEREAS, pursuant to its Agreement, MGT has conducted cost -of -services
studies on a rotating basis by department,
WHEREAS, pursuant to its Agreement, MGT prepared cost -of -service studies for
the Harbor, Finance, Public Works, and Utilities Departments;
WHEREAS, pass through costs for actual services or tangible goods do not
include staff time;
WHEREAS, statutory fees are mandated or capped by another authority, such as
the state;
13-12
Resolution No. 2021 -
Page 2 of 4
WHEREAS, the City Council adopted Resolution No. 2018-55, minimizing the
percent increase and fiscal impact to the customer and maximizing the recapture of funds
to the City through automatic annual Consumer Price Index ("CPI") adjustments using
April of the prior year to April of the current year;
WHEREAS, the City Council adopted Resolution No. 2020-29, updating the
methodology for annual CPI adjustments using March of the prior year to March of the
current year;
WHEREAS, rental rates are not always studied at the same time as the cost of
service fees and should not be limited to a maximum number of CPI adjustments; and
WHEREAS, the City desires such studied fee changes and annual CPI adjustments
become effective on a uniform date, beginning July 1 of each year.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council does hereby revise the Schedule of Rents, Fines,
and Fees ("SRFF"), in part, as set forth in Exhibit 1, attached hereto and incorporated
herein by reference. Except where prohibited by law, all cost of service fees of five dollars
or more shall be rounded down to the nearest dollar and cost of service fees less than
five dollars shall be rounded down to the nearest quarter, except Library Department per
copy fees shall be rounded down to the nearest nickel. Any rounding providing by this
Section shall not apply to Electric Vehicle (EV) chargers per kWh as set forth in the SRFF.
Except as explicitly revised by Exhibit 1, all other provisions of the SRFF shall continue
in full force and effect.
Section 2: Direct pass through, or actual, fees may be updated, without further
action by the City Council, by the Finance Director as necessary to ensure recovery of
cost.
Section 3: For those fees and charges modified by this resolution which have
an implementation date of July 1, 2021, as set forth in the SRFF, Exhibit 1, the current
fees and charges shall continue in full force and effect through June 30, 2021 and the
modified fees or charges shall take effect on July 1, 2021.
Section 4: The City Council hereby reaffirms all CPI adjustments to the SRFF
that occurred prior to the adoption of this resolution.
13-13
Resolution No. 2021 -
Page 3 of 4
Section 5: Except as provided in Section 6, beginning July 1, 2021, all fees and
charges within the SRFF indicated by "Yes" under the CPI column shall be automatically
adjusted to reflect the percentage change, from March of the prior year to March of the
current year, as it may be prorated from the fee approval date, in the cost of doing
business measured by the CPI, all cost of service fees of five dollars or more shall be
rounded down to the nearest dollar and cost of service fees less than five dollars shall be
rounded down to the nearest quarter dollar, except Library Department per copy fees
shall be rounded down to the nearest nickel. Any rounding providing by this Section shall
not apply to Electric Vehicle (EV) chargers per kWh as set forth in the SRFF. "CPI" shall
mean the Los Angeles -Long Beach -Anaheim, CA Area, All Urban Consumers, All Items,
Base Period (1982-84=100), or successor index, as published by the United States
Department of Labor, Bureau of Labor Statistics. Automatic CPI adjustments to cost of
service fees and/or charges, by department, shall occur annually on July 1 for a period of
three (3) consecutive years following adoption of the studied department fees and/or
charges. After the third (3rd) consecutive annual increase, automatic CPI adjustments
shall cease until the departments' fees and/or charges are updated and adopted, at which
time the automatic CPI adjustments will reset, commencing the following July 1. CPI
adjustments shall be automatically adjusted for rental rates listed in the SRFF that are not
adjusted by a separate resolution, and shall occur annually on July 1, 2021 and
indefinitely beyond. This automatic CPI adjustment shall not apply to any fee that is
subject to Proposition 218 (California Constitution Article XIIIC and Article XIIID,
Government Code Section 53750.).
Section 6: The first CPI adjustment to fees and charges adopted by this
resolution, as set forth in Exhibit 1, shall occur on July 1, 2022.
Section 7: Any portion of any prior resolution, the SRFF or Master Fee Schedule
including, but not limited to, Section 4 of Resolution 2018-55 and Section 8 of Resolution
2020-29, that conflicts with this resolution or Exhibit 1, is hereby repealed as of the
effective / implementation date of the applicable provision, fee or charge that is in conflict.
Section 8: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 9: 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, 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.
13-14
Resolution No. 2021 -
Page 4 of 4
Section 10: The City Council finds the adoption of this resolution 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.
Section 11: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 9th day of March 2021.
Brad Avery
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aarcln C. Harp
City Attorney
Attachment: Exhibit 1 — 2021 Update to Fees and Charges
13-15
V,
21C
211
212
213
271
err
273
274
275
278
279
280
2M
285
2a6
287
288
321
322
123
f
Exhibit 1 -Fee Study Update
Current Charges Proposed Charges
SENYICE NAME
DESCRIPTION
Inueme Mel
TosaF or Bau Faa T-1 ar Base Fee
IB applltable)
Total ec Neu
Ft. I......1.1
REFERENCE
Tolel pt Base -
TYPE Fee LN coolie blfncramenlale)
CPI N.-
Implementetlen
Oat.
ALLOEPARTMENTS
Flash Driv.
Per
5
6.00 S
6.00
$
M.C. 3.36.030
P.n Thru
No
71112021
Lpbbyisl Reeistradon
N/A net.
M. C. 3.35.030
Past TNrp
No ]OG%o FC -bad., Cost
7/1/2021
ReRWanpbete{epks DEIETE
�Y.geeaK
;
6,00
; F.00
S
Y.R.Ae4
i/e1W.
5 n9
Maiw�k W ucbcrawwn W ru.;aF.wn/i
yaK sstiaukwW-cwvico
7f 8fa0}y
COMMUNm NEMELOPMENT- PLANNING
s-NffMC Chapter 17.65(Applicant Successful:
Appeal to Harbor Commisslen
N/A
$
M.C. 1765
COS -F.. S
3,029.73
Yes C% Recavery per M.C. 3.36.030 Fshibft A
7/1/2021
Appeals - NEW Chapter 17.651Applicant Um- ... Nil
Appeal to Harbor Commission
WA
$
1,250.00
M.C. 17.65
WSFaa S
3,029.73
Yes $1,250 Reweery per M.C. 3, 36.030 Echibit A
7/1/2021
Appeals NBMCChapter17651Applicent Succesifpll
Appeal to City C....11
N/A
$
M.C. 1785
COSh. $
2,072.68
Yes M Reopvery pen M.C_ 3, 96 DW Evh lh l r A
7/1/2021
Appeals -NBMC Chapter 27,65(A, plin nt U n.-Isirbil
Ap peal to CRY Council
N/A
5
940.00
M.C. 17.65
COSF.a $
207268
Yes $940 Recovery per M,C, 336030 Fvhibit A
7/1/3021
FINANCE
R.wnu•
Adult 06 -bed Business Permits
Permit
$
1,138.00 $
1,308,00
$
170.00
M.C. S.%02018)
COSF.a $
1,30&43
Yes
7/1/7071
Buslnessllc......haeBe Ee lnf-tips
$
2400 S
24,00
$
M.C. 5.04,310
COST.. $
24.13
Yes
7/1/2021
15,51 ss Lk- -dupllwle
Repnlnt Certitlrata
$
11,00 S
11.00
$
M.C. 5.04.200
COST.. S
1162
Yts
7/1/2021
Business LbensehUal Application
ApAElnVt ProceWF&fee
S
62.00 $
60.00
$
(2.00)
MC_a 36030
cvSF.. $
60,45
Yes
7/1/2021
Dance Permit
Pelmit
$
172.00 $
176.00
$
4W
M.C. 5.32.4
COSF.e $
17&63
Yes
7/1/2021
OalioVoenLTOr Paymuu DELETE
;
i4LG j
iam
Y,L.a..ii,pi0
LpB.F.. $
Eq,70
yea
]{k{�0]y
Dog License Taj Replacement
Tat Replacement
5
7,00 5
7.00
S
M.[. 7.04"60
COS F.. $
7.31
Yes SSrN. is Pm Wf dby arertdor.
7/1/2021
On Llcense Unalt.red
PenYear
5
44D0 S
50.00
S
6"0
M.C.7.OBA60
COS F.. 5
50,20
Yes Service is mwlded by a vendor.
7/1/2021
D.& Llcense^SWrhlled
Per -Year
$
22.00 $
25.00
$
3.00
Fond and Agdcullural Code
30804.5 MC. 7.04060
MSF.. 5
50.20
SerWu Is prodded by a vender. SO%Recovery
Yes per Food and Agricultural Cod.30604.5
7)1/2021
Esrnsl Service Per Empbyee
Escort Empbyee
S
507.00 $
57500
$
6800
M C. 5.90035
MS -F.. S
575.99
Yes
7/1/2021
EsmH Service Permit
Permit To Conduct Escort Services
$
937.[10 $
1,121,00
S
134.00
M.C. 5.90.020
C SSF_ $
1121.46
Yes
7/1/2021
GV-C14er6.as MOVE TO PUBLIC WORKS
Yes-kWA
;
--Or E
p�dig,
E
pya
q.salWlaNptL}I
pyaiitns =
p,iGli
rye
A4011 -
%a/]9jFR.Prodbcuen
FR. N.dbcV..Appllcation-Wllhout FBm Lhs-
$
284.00 $
395.00
$
7.13c
M.C. 5,46030
C SSFae S
296.01
Yes
7/112021
FII. Permh-GnrNhtlon Fee lfer permits req add'( CW SVa)
N/A
st. notes
M,C, 5.46074
COS -F.. seenotes
]t%rf6 Fu1iy Loaded HOudy Rare - New Fee
Yes 2021
7/1/2022
FII. Permit- Rtvlrn Fee 15 er fewer nsl &crew)
N/A
S
1200
M.C. 5.46D30
COS Fa. $
1289
Yes New Fee 2071
1/1/2021
Film Permit- ReNew Fee I6 or marc cast &crewl
N/A
$
51.00
M.C. 5.46.1130
COSF.a 5
51,57
Yes New Fee 2021
7/1/2071
Film Permit- Staff Tl,, Outsideef Pe it Appllcation Revb,w
N/A
notes
M.C. 5.45070
W5,F.a u
notes
10096 fully Leaded Hourly Rate - New Fee
Yes 2021
711/3021
Fina Arms Sales Permh
Permit For Red115ales
$
Imon $
108.00
$
17.00)
M.C. 5.80.040
CasF.. $
108,60
Yes
711/2021
Live Entertainment Permit
Permit
$
172.10 $
174.10
$
2.00
M.C. 5.28.030
COSF- $
174,61
Yes
7/1}2021
Parklnj Permit Replacement Fee
$
11,{0 $
12,00
$
1,00
MC. 3.36.030
COS -Fat $
12.04
+-maw-iae,-Tete-SirJied-alterwewrawlsaaFin
Yes .Feer
7/1/2021
Payment Pian levicepl Parkfnjl
$
2500 S
25"0
S
MC. 3.36.030
COSF.. $
2921
NewFee 2018 $25 Recovery per M.C.
Yes 3, 36030EchIb1tA
7/11Z021
Payment Plan 1pekinjl
SS lndfgent1525
All Dther$5Rd em/S25AIIOther
S5lndigernl/$25ARCRhe7
CVC40220(a111)fAllllllp)
COSiF.. $
34,45
$51ndlgml1$25 All Other Re ry per CVC
Yes 40220!.1{II(A){flpBl
7/1/3071
Pneferenhsl Parking Permu
$
IBM 5
1900
$
1.00
MC. 126&040
COIF.. S
19.60
Yes
7/172021
13-16
331
333
334
335
Au
331
338
339
34l
gm
561
562
563
SSa
565
566
561
568
569
510
571
572
533
s7.
Exhibit 1 -Fee Study Update
Current Charges Proposed Charges
SERVICE NAME
DFSCgIP7/0N
Toui gti9.Se Ha Tp[el
Ina.m.nt.l-
pr Bas. F.e (R eppliu6fr)
Tptel pr Mw
Fee Inatemanul
REFERENCE
Totel
TYPE
or 3ese Innementel-
tee {H appliubla]
[PI !blas
ImPLemerWh.
>Ab
Re iewof Hote]Spe ial Package Appllc.tion
Hotrlf Special Package Deals
5
199.00 $
194.00
$ 15.001
M.C.3.16050M
COSF.. 5
194.82
Yes
7/1/2021
Sidewalk Vending Permlt Appli-l-
5
15900 5
173W
5 14.00
M.C.S.97.030 i C5
COSF.. S
173.53
New 2019, adopted 1/22/19 Resolution 2019
Yes 4
7/1/2021
Shq Term Lgdging Permlh -Inhal
ftr l
5
169.00 5
1d5.00
S (4.001
M,C.5.95D40
CDSFae $
155.91
Yes
7/1/2021
Short Term Lodging Permlh- reinsletement
N/A
$
91A0
M.C.5.95465
COS Fea S
91.58
Yes New Fer 2021
7/1/2021
Short Term Lodging P -its -renewal
P -it
$
%.OD $
87.00
$ 19001
MX5.95040
COWFee 5
VA3
Yrs New Fee 2020
7/1/2021
Short Term lodgEng Permits - reprint
Repent Cr t -I
$
1300 $
13.00
S
M.C.3.36.030
COSF.. $
13.20
Yes
7/1/2021
Short Term lodgEng Permits-suspe,sl,n orre mllon hearing-
Appkra,t Su[ ful
NIA
S
M.C,5.95065
COSF.. $
3,036.91
New Fee 20210%Re ., per M.C.
Yes 3.36.030 Eehlblt A
7/1/2021
Short Tenn Lgdg[ng PermlK-suspenflpn -m-u head,&-
ApPliu.I Unsuccessful
NIA
$
50900
M.C. 5.95.065
COSF.e S
1,01&.91
New Fee 2021 SD% Recovery per M. C.
Yes 3 35 030 FrhlbitA
7/1/2021
Sound Amp Permit
Permit
$
7200, $
73.00
$ 1.00
ML, 1032020
COSF.. $
73.76
7/1/2021
Vehicles Fqr Hire- Annual Per Vebide Fee
Annual P.r Vehicle
$
202M 5
236,00
S 34.00
M.C. 5.12.130
COS,F.. S
236.74
Yes
7/1/2021
Vehicle$ Foe Hire-Certifirne
CemnOa iPlus Fee For Each Vehide5hown Below)
$
2,000,00 S
2.156.00
5 156.00
M.C. 5.12.030
COSF_ $
2,156.58
Yes
7/1/2021
Vehicles F.,Hhr-,,[uses Permit
Odver's Permit
$
379.W $
429.00
$ 5000
M.C. 5.12.230
co,_ F.. $
429.57
Yes
7/1/2021
Vehides For Hlre- Orlveis Permll Renewal
Or1Ve/} Permit Renewal
$
369.00 $
419.00
5 50.0(!
M.C. 5.12.230
LOSE. $
419.44
Yes
7/1/2021
Vehicles Fqr Hke - Fee Per V.h[Cle
Fee For Each Vehicle
5
202.00 $
73600
S 3400
M.C. 5.12.030
COS•F.. S
236.74
Yrs
7/1/2021
]rm BRl Reprints iPi+eprwl
$
14,00 $
$ 114,001
M.C. 3.36.030
COSF.. S
1429
Y.s 0%R.-, per M.C. 3.36, 030 Eah[bll A
7/1/2021
FIRE OE PARFMENTS LI F EG UAWS
T-1.,UF.E..rdsPro,-
sumer Guard
Per P,Mdpant
$
727.00 $
B5600
5 12900
Mt, 3, 36030
MS -FM S
656.87
Yes 404-Nawvesype•J,4,G.a.3GAi4EaMWM
7/1/2021
K4MR DEPARTMENT
Appeals NBMC Chapter 17.65(Appll... t 5ucoes,M)
Appeal to Harbor Commission
1006 Loaded
Hourly Ratr $
M.C. 17.65
OOSFee $
179643
Ve$ 0% Recgvery per M C_ 3.36030"bit A
7/112021
Appeals- NEMC Chapter 17.65(AppliC tUpsuc4e}stull
Appeal W Harbor CommhAs
300% Loaded
HoOV Rale $
11250,00
M.C. 17,65
005 -Fe. S
1.796.43
Yrs $1.250 Recovery per M.C. 3.36, 030 Exhibk A
7/1/1021
Appeals-N8MCChapter 17.65(Appllunt 5 .... sstul)
Appeal to City Coundl
100% Leaded
Howdy gate $
M.C. 17.65
WSfe. $
1,550.29
Yes 0% Recovery per M.C. 3.36.030 MIM A
7/1/2023
Appeals- NOWChip- 17AS(Appliunt U,suoo-1,I)
Appeal lq CitV Coundl
300% L.Wdd
H.udy Rate $
940,00
M.C. 17.65
COW- $
1,550.89
Yes $940 Recovery per M.C. 3.16, 030 Fahibil A
7/11;021
APpealllNdnB DELETE
;GqL-NatlK-HwNy.Aata
400141.adedal..dy
Acte
M.6.3 J.6S,Ba0
mg.ir uo.dv
X.
m_._i..._.__.__.,__ 7,"DELETE
i
100.00 6-----10f10�
$
M.GiFF$
f4FFe. Mwrly
Yes
J}3pGi;
Ofnghy Rack Renul Apouuo, Fee
Appllcation Fee to process monthly rental agreement
S
17,EO 5
1900
5 2.00
M.C. 3.36A3D
COSSF.e
$19.29
Y.s
7/1/2021
EnvEronmenul Response
N/A
$73.00
M.C. 3.36030
WO F.e
Pea Th.
$7332
Hew Fee 2021- Proposed char¢. plus pass
Yes through wntm,t wshandfor materials
7/1/2021
H.r .r 5pec[al EVent}-C-pl.s
N/A
$493110
M.C. 3.36.030
COSF..
$491.07
Yes New Fee 7021
711/2021
Harhor Spec[al Events - Simpir (Raft Up, Boat Rac., etc.) A -W p
Peswrita--GctAasha+�ga
Cost t. proses permlls la�
$
63.00 S
95A0
5 32.00
M.C.3.36030
COSF.e
$95.53
Yes
7/112023
Impound Fee-milial
Cpttp[mpound avec I..the Rrstday.
$69.00
$104110
$ 35 AO
M,C, 3,36030
COW..
$104.33
Yes
7/1/2021
Impound Fee- Loose or Lost and Found Ooats/Ve... Is
Cost to Impound a v,ssei an the First day. Typically
-ls under 20 feet.
5
47W $
52.70
5 5.00
M.C. 3.36.030
COSH.
$52.93
Yes Free riut 5 days then charged per dry
711/2021
Key Card Replacement
The cost to replam the key Wthe Mad -Park ladlltles
$
23.00 S
12.00
5 (11.001
M[, 3.36030
COWF..
$12,s6
Y.s
7/1/2021
Lac&e Boat Escort
per -n par vessel
N/A
3
102M
M.C. 3.36 03C
COSH.
$102.05
Y.s New Fee 2021
7/1/2021
Large 6w1 Permit 1220 Lineal Feet)
Fee W rev[ew epplfc.tl.. -d ..W *g. boats In
Harbor M anchorage or mood,&
S
65.00 S
73.00
5 8.00
M.C-3.36.030
COS F..
$73.79
Yes
7/1/2021
large Bgat Permit (2 80 L[neal Feet], Requ[n,g Interagency
[oordinatbn
N/A
$
736.00
M.C. 3.36.030
COiFe.
$736.61
Yet New Fee 2021
7/SR021
2
13-17
P
577
519
SBJ
58l
582
SE3
Sit
585
Sib
587
Su
589
590
670
62i
GM
697
698
70l
107
703
704
105
706
N7
708
Exhibit 1 -Fee Study Update
Current Charges Proposed Charges
SERVICE NAA
DI![RIpTMN
Total
or Base Fe9
T-1 or Des. F..
hiuemeutal- Tenl
Ill apolc.sla)
er B..
F.. Incr.m.ni•I
REFERENCE
Total of My
TYPE F..
Increm.ntal-
(d •PP'ka bl.)
[PI Nbu,
Implama MMI"
M.
uve Aboard Pe 11
pvr Year
$
18200 $
373.00
$
91 W
M.C. 3.36030
C Fw
$37355
Yes
7/3/20]1
L-VBr k -Line
Cost to nplacea IE"Pea [o•ranler that Ii ole"'
mtumwbmken os swtntum d -I
$
1D/.W S
60.00
5
INAOI
M.C. 3.36030
C F.e
560.86
Yes
7111=1
Madna Park C -44"n Fee
Fee chai,w 11 rexrvatbn is onuMd
5
1100 S
12,00
5
1.00
M C_ 3 mzw
C F«
Mm
Cancel 72 Noun or more -.Md the
Cancel4lkn Fea, 4u than 72 boon losfee
Yes depestt
7/V21Q1
Marina P� Flat Ra4larEk:Wdty
Aetual cess
$11 pluswwm per kWh S12 plus Lct9,l pM
utagr kWh
M.C-3.36030
C F«
Pass Thep
$13.10
$0.13
Yes
71UM21
Marine Aaivrs Permit - Initial
Service Provider
$
350.0 $
36500
S
1500
M.C. 3.36.030
C Fea
$36579
Yes
7/1/'1021
Marine MhvlVes Permit-Inl9al
Chadors, Boat Renuls, Numan.POWerad Renlala
S
350,00 S
1137.0
$
]87.00
M.C. 3.36.030
C F..
$1,137,45
Yes
7/1/2021
Marina Acttyld,% Permit- renewal
noel
$
282,0 $
439.00
$
157.00
M.C. 3.36030
C F..
$439,78
Yes
7/1/2021
M -d,, E. -k. P, -rt
Cost to tvaluale lh. Posdblflty pl ertendlnL a m4odn,
4nLM
S
335 0 $
503.00
S
168.00
M.C. 3.36030
C F.e
$503,93
Yes
711/2021
Multiple Vessel Mooring Syst.m Appliraden Fee
N/A
$
5030D
M.C. 3.36030
CE75F1.
$503,93
Yes New Fee 2021
7/1/1@1
Temponry Sea Lien Deterrent
Cast of Butt to put In P""aPP+ Pd•t4 sea Ikn
deterrent and remove wN-ownermmpl1.1
$
1390 S
1.0,00
$
1.W
M,C. 3,36.00
Col F..
$1a0,85
TCS
7/7/2021
Towle, Fee SBaats aver 147
Con0an ,Ihr gh
$23 Plks 30A Coen
C t
525 w. iW
COntrattplCm
M. C. 3.36.0',0
C Fee
PassT m
525.72
Yes
7/1/2021
TWIns Fr.(awu uPdtf 14'1
Clly Rall
$
6900 $
7000
M.C. 3.36030
C Fee
$70,43
Yes
7/1f3021
WNL Llst fm Balboa Ymhl Basin SNps and Gara,H
S
28.0 S
33,00
5
5.00
M.C.3.36.030
CO55FM 5
33.W
Y..
7/If2D21
WFIt Ll.1fpr0a1baa Yacht BasinlMrdna park Oinghy Racks
5
2300 S
75.0
5
2.0
M.C. 3.36.030
COW- $
35,72
Yes
7/1/2021
W.It L lst fee Llve Aboard
$
5.0 $
MOD
$
2090
M. C. 17:10.I101b}
COiFee $
25,72
Yes
7/1/2031
UgR DEPAWMEW
Llbnry Servkes
Bkck and While Cepks
Pe"M
C.15 $
0.35
S
0.20
Pass Thry S
0.39
No
7/l/2021
W.C.P4s
W.Py
S
0.75 S
0.45
$
(0.30)
P..Mt 5
0t9
No
7/,/2011
P12,1FC WORKS. E.GINEERlNG
Covenant A,reemrnL Research 8 aevie Fee
Charges hourly
$
15500 $
Ifisw
$
13.0
02[.336030
C Fee 5
168-10
7/312031
Dining FncroaNmenl Permit
Applkaden
S
417,00 S
459.0
S
42.00
Council Polity L-21 M.C.
13 fe03G Raw 95266
20046D
GOS-Fee S
459.91
Yes
7/1/3021
Dlnln, Encroachment Permit
Transfer
S
232.W $
211.90
5
(23.W1
Ceuncll P.Hi L-21
Re 9526&2000-60
COS•FM $
231.23
Yes
71WO21
Document Re..rdarlon Fee
S
213.0 $
204.0
$
19.0)
M.C. 336.030
M&Faa $
204.45
Yes
7/1/2021
Ease m Dead Res.areh, Revi IProcessln,
$
237.0 $
252.0
$
20.0
M.C. 3.36.030
WS.F- $
252.14
Y.,
7IV2021
Enuoachment & Erg. Apeemert Pn
5
909.00 S
57600
S
1333.00
M -C. 3r36 030
COW- S
576.31
Yes
71,2021
Enr+each-L Eng -Agreement Prep - PlWnl"Co isiloa
5
909.0 $
313900
$
2,230.00
M.C. 3.36030
[ Fee $
3,139.99
Y. New Fee 2021
7/1/2021
Enwaohmart Permit WRh Other Drpt/p N. Review
$
306,W $
412.0
$
136.00
M.C. 1306.020
C Fee $
142.92
Yes
7(1/2021
Encroachment Permfl Wlt WDefier DeptjDrv-Review
5
268,00 S
252.00
5
116.0
M.C. 13.6.020
COW- S
252.14
Yrs
7/1/2023
E.& ... I, Field lm esd9n
Cort/GvtW/SitlewalkfOrivrwaYiNonsLnd•rd imp. -
Each I.Pecttun 1/30/5ewer/Water Meter/Fke
54Nce/Undergmun4 UVRIe ExL
InsP/locaifon/Parkway Orelna-Each lns don
$
163.0 $
138.0
5
145.0)
M.C. 3.36 030
COSH. $
136.01
Yes
7/1/2023
SwgAtaarl.xF4WMepecxa. bELETE
cxhlnsp(iocalbn
i
16300
- 1Q]AO
5
A..C.S,i509G
CQ"- g
1g1Og
3t.F
3/,/3021
gwLhaarML II -Id o..Yaw DELETE
cosi- S
Lgb.L:
Yea
7/ii]Wi
Escrow Aoc mAdminkVxlon
E., -Ac ... tAdminutntlon
$
109.00 5
125.00
5
1G.0
Secthn 22WO CAPuhfic
Contra.Cad.
[ Faa $
125.66
Yes
7/1/2031
13-18
71[
711
712
711
7M
719
776
721
7.
771
719
733
734
735
736
13T
Y.
739
140
741
743
7u
745
7°A
757
T57
753
Exhibit E -Fee Study Update
C. -t Charges Pmpos.d Charges
SERVICE NAME
pESCAIPTION
!.tel or Bele Ft• Twlor Wse lea
Incemanlal- T.talor Bas,
(gapplkubl,) Fn Incnmanlal
REFEREPK£
Tottl.r ft.. Inc..menul
TYPE Ftp (d �ppllc. bl.}
WI Nat.,
knplamente11"
Det.
Lot line Adusment ChKkkg Ftr
5
1.20100 5
1,174.0
5
127031
M.C. 3.36.030
Cade. 5
1,174.21
Yn
7/1/2021
Monlmdng Wells
Perm1U IEPTEA)
5
SSS.m 5
347.00
5
1212m01
M.C.3.36.030
COS -r" S
347.53
Yes
7/1/2025
News Rack P.rm16
Permll
5
120.0 $
GLm0
$
59110]
M.C. 5.70020([)
CDSfee S
61.37
Yes
7/mo71
Parcel Mep Cher.-
5
2,768 a0
3,107.0
5
33900
M,C 3.36,030
COS.FN S
3.107.25
Yrs
7/1/2021
Plan Check
Ehgi... Hng Plan Check Fee - Charged hourly
S
172,00 5
703.00
5
33.00
M.C. 3.36.030
COSF" $
203.91
Yes
7/1/2021
OELETE
-5609
6
M.G.7.u.cia
CQ&4 • i
acc.]c
w.
a}ay02E
ShortCl-1. P.rmg with E.glneennl R.view
Ttmporary Cl. & of Pub9c P(.penv
$
73,00 S
78.00
5
Sm
M.C. 17.62L020M)
[os F.. 5
78.36
Yef
7/1!3021
StrutCbsure Permll wlthous EI9iI11119 Review
7tmparary Cl o'm Of public Property
$
30,0 S
30.00
5
M.C. 12.62.020(E]
OOSLFar 5
30.59
Y.,
7)1/2021
Street Eanment and V -d.. Pr. WI, Fee
$
1,137.m $
1,015.0
$
122.00)
M.C. 3, 36,030
COSFer S
1,015.23
Yes Bases hourly We if 6.75 haurs
7/1/2021
T7glfk CoM1t.el Pre, Check
B% -e 11-!11^a1T; per shoe[
5
73,00 S
78.00
$
SAO
M.C. 3 36L
COSFee 5
7636
Yes
7/1/2071
7l.fTP: C.,U.l Pleas t Fe:k
24-x36-; Per shoe[
5
I59.m j
173,00
$
1400
M.C. 3.36030
CDSFee $
173.76
Trf
7/1/702%
T,Ifl. Subd'r .anI ., Cnl:r.
Char rd h -Hy
S
155.0 $
168110
$
13m
MC_3-36m30
CO FN 5
16a.10
Yrs
7/1/2021
PUDtKWORl6 HARBORRESOURCIS
pl.. R..kw
Appeals - NBMCChapt,r 17.65(AppU... t Succes5luH
Apls,ai to Harbor Commissi.n
100% L.adrd
Hb.H, Rite $
M.C. 17, 65
COSF•e $
2,13066
Yes O'%At..v per M[_ 3,36030 E.hlhi% A
711/2021
Appeals -N5MCChapler 17.65(Aapllunt Unsucceutul]
Apptal to Hub., Ca 1m ,ion
100% Loaded
Hourly Rale $
1,750.DD
MC, 17.65
ms.F 5
2,130.66
YES S1,250 AtWwy per M.C. 3.36030 E,hlblt A
7/1/2021
Ap"A,. NEMC Chtpter 17 65 S- 1,1)
Appeal 1p City C....11
100% Loaded
Hourly Rate 5
M.C. 17, 65
COYFee 5
1,461.45
Yes 0%R ... v,r per M.C. 3.36.030 Exhibit A
7/1/2021
A-11 NEMC Cbbptw 17.65 IAP01-tUrtsursnst.l}
Appeal Lo Oly Counrll
lW% Leaded
Hourly Aas! 5
940.0
M.C. 17.65
MO Fre $
1463AB
Yes $9409 ... very per M C. 1 MOW W lbll A
771/2021
4p•eeLNeeriy DEIETE
IMa•IM
WA
M.G.10.6gA3p
ami .a
g•s 1001Ltuad•dJlpu4s•a••-
3/1/]021
BELEM
i
3Gcw 6-100.07
6
Mi1J.6CCiG
GOil�a ku.
4
xea 610p^---�
Nk P. -It Transfer
Com v.1..d nen rommrreal pkn
$
Z60.m $
245 m
5
(15,010}
M.C.17,60= 01
[ F•t S
245.-9
Yes
7/1/2021
Plan Check Fel
New Consop.si.n w/ Agency Approval
5
SB2m S
245.00
S
337.0
M.C. 1750.020(01
[OSP_ S
24549
Yes
7/2/2021
Plt, Check Fn add.., for Harbor C - mm- P.bllc Hearing
New Cmibtr tfp w/Aa,n Approval
NA
5
2.130.0
M.C. 1730,=)[D}
COSFee $
2,130.66
Yrs New Fee 2021
711/2021
Pr,, Check Fee
Malnlenan.t
5
136m $
61.00
S
(75.001
M.C. 1750m2xa;
COSF.. 5
61.37
Yes
7/2/2ozl
AGP Dredging Permit
5
2.90O.m S
3,262.0
$
1,367.0
M.C. 1735 020(01
Coy F.. $
7,766.69
Yes 4Z%ArcaYrryp,r M.C.3.36m30E,hlb11A
7/1/2021
PHRLK WONIO - MUNICIPAL OPEP.4T1ON5
Solid Wast, Fr ... hhr App6utian
S
E37.m 5
95(1.0
$
113.0
M.C. 12.63.0517
CDsr" 5
950.51
Y.,
712twn
5pol.m.W Tree Tdmmbg
Ser Notes
SeeHolts
M,C_3MO30
Pass Thep Sea
Nolrf
No 100% O1 C..b•dar C.s1
711/21321
tree Plbrting/Ar l
Set Ncrl4
See MHm
M.C-3.36.030
Pau 7hry Sea Notes
No 100%xf C.nUlCtOr COR
7/1)'2021
M dhkon
Waste M anagement Admrnlsvateon F!!
Admi btr mn Fre Demali0pn
5
219.0 $
265.0
$
46,0
M, Cr 1507.035
C06-Fw $
265.94
Yn
7/I/2021
PUBLIC WORMS - WATER
QUALR /00NSFRVATION/EhNIRONMENTAL
EVCharye,
Per kWh
$
0.366 $
0.466
5
0.10
M.C-3,36030
co"_ 5
0.466
(orlgrnally adopted lhrpvgh re3plptlan 2015-
Y.1 DI
3/10/2021
EV Charge, 0vprsu Charge
Per W.W. •Nrr 10 minu[e gra.. period
N/A
$
O,1m
Ptruhv
Moved out ar EYOverstay ad,Wslndv!
No dladpn, --ty 561
4/33/3021
WQ ConfUulsbn Sht lnflwrfl.M1S-low
Inspecibn
5
1200 5
152.90
$
3200
M[_35-10070
Osr.. 5
152.56
Yes
7/1/2021
I
13-19
E lblt 1 -Fee Study Update
Current Charges Propomd Charges
Sik7FLCE 1"9
DEEC61PT10N
Tor,l
or ft. I-Tebl
In -i-I-
or a.tr F.r (P •Pplk.bw)
Ta,l ,Base
F.a Inrr.ment,l
wFoomm
Tot.tor e.0 Insr.... t.1
IYK F.. (a •Pplkabiel
CPI Not.
ImPl.-tante
Da'.
WGCona ctlonsft,h wdrns Medium
J.q cthn
5
Imoo 5
457.60
s
-3111,
MC.15.10OX
COY I- 5
A57.74
Yes
711/2021
WDCan5buc1P Silelnsper Vons Nigh
I -P-1-
$
120.00 $
1.220.00 5 152.00 $
1.1CD.w
MC_"AD070
co". $
1,220.64 $ 152.Se
Raw fee Plus In,rymenul to, each i,so,ctW
Ye greaser than B lnspettions
7/112021
L3EgIi18f 114L1D
Mimall.n.nu,
DELETE
I Fy-
i
-I= i��
j
aA,G.i2Gyy
yMry
6;21yp
Al.
DELETE
i
410 $
IEi90
f-�
Pfa.
Idi.hAas
Mnu.l GmIll Dlsoosal MN .tion Fee
Annual Fee
$
576.00 $
$99.00
$
23.00
M.C.14.wmc
WSf_ $
599A6
Yet
7/1/2021
FDG Ann Pennll
Annual Fee
5
$
S
M.C.1430
CDs.T.e $
179.74
Yes 0% Recovary wr M.C. 3.36.030 Eahlbit A
7/3/2021
FOG Non0om0un,e
wr.d4Nfen.l lntpKTfon
FI/A
$
Am
M.C.1430
DOSE. 5
70.00
Yes New Fee 7021
7/3/7971
Re-lnspectian Fee
Hourly
N/A
5
165m
MC. 3.36030
co"_
5165.68
Yrs New Fee 2023
711/2021
O1111des Field Ins Ce
Sewer C.n .i.n/Waler Service A..Ay P., Inspect-
5
135.00 5
26990
$
134.00
M.C. 336.030
COS4..
$2tmiA
Yes
712m21
S..e.T (pond F..a
Sawsr 417 Boa (Mph Line)
se-, Clean a.,
$
34.00 $
38.79
$
4.79
M.C. 3.36930
P.n Th,, $
38.79
Na Aetu.l rods
711IM21
Sewer ATT Baa Lid IMaln Lhe)
SM Clan Out
5
30.00 5
MAIL
5
448
M.G 336930
Past Thn, $
MAI
Na AR w -U
71112021
3awer Only EmbOshment Fe,
NIA 5
4990
M.C. 3.3693o
COSFee $
49.22
Yet New Fee 2021
7/1/2021
W.I., N.3.nd F.n
3/41n,h Meter Ba.
DEW, Muhl Purpose
9.25 $
52.79
N/A
M.C. 336930
P..Th. S
52.79
Na .-I Torts
7f1nom
ij4awaA#N..ei.a DELETE
W1N18a-A.Aller
(
-- i
G.ei
I:A
MC.3-A8.080
P_ _ -A_ i
e+r
3/4 Inch Meer Bw Lid
OFW, Mu6I Purpose FarRxhway-Lild.walY
$
is 25 $
2585
N/A
M.C. 3.36, 030
P.. Th- A
Z5, Be
No Ad..l cotlt
7/112021
7,W1.4bJ.g4{.c8.4yd DELETE
Fat3a.IN.iAllay
i
20.jtl i
+'pE{I
49A
ab ACLwLws[s
ZAOQW4
S/Bg 3/4 IT& W.I., Meter
Nuel! -AMI
$
5015 5
172.-0
S
122.15
M.C. 3.16 ow
P.t,Thn, S
172 AO
Na Arcual costs
7/1/2021
I L,,h Meter Boa
Df IV, MOV P.10-
$
6318 $
7b.32
5
17.14
M C. 3.36 030
P.0 Th- 5
7837
1M Aaual cetq
7/112021
1 1-0 Meer li 4 L14
OFW. Mull! P.-,.
$
3548 $
4202
S
6.54
M C. 3-36.030
Pa.. Thea 5
4292
No Am.1 CvA,
7/1/2021
&&Ial AaMr-6a. DELETE
j�
f
;3,00
i
164.G.8AfA30
Vwa-ilw (
33.W
IN JlsWal.wia
3/bGDii
7J..h Ma4.F8.. DELETE
G.Hr.AieJ.Mey
i
38.W L
57.00
t
A444 64m
A...mbw. i
•^ ^0
13p JL.{NaLa..tt
J1177WL
DELETE
Fa.R..1w.e.8.eid.welk
i
i:L7 C
:J+Oti
i
F.IL. 3AiOa0
A.er->ir (
7790
io aw..aLrW�p9aE
DELETE
Fer-irNN.g..4N.y
i�5890
i
-- iem
f
MSG-i.iFGJ4
AawTFws (
74.06
aN 4..Ne.0
7jil�Qii
S Inch Water Men,
M..11e NAI
$
121.50 $
193.95
$
72.45
M. C. 3.36930
Pao Thm $
193.95
No Actual wtu
7/1/7921
1.5 1,& Turbr-Wade, Meier
MJe11rr AMI
$
700.00
491.34
$
(xeiz
M.C. 3.36930
P..s Thnl 5
491.34
No A,I..l tuft.
7/112021
LSM,h Water Matar
MuetlerAMI
5
28590 5
463.33
$
178.33
M.C. 3.36930
Past That S
463.33
No A,lu.l,mu
7/1/2021
21x1, Meter Boa
DEW, Mufti Purpose
5
17553 $
138.69
5
13.36
M.C. 336.030
1,n Thn, 5
13669
No Attu.! rust.
71112021
21MCh Mater BJ, Lid
DEW, MURI Purpose
$
77.71 $
]2.19
$
5.521
MC -3 Isomo
Pan Thn, 5
72.19
Nu Att0.1.,b
7/1/2021
7lnaMA4eer-Bw DELETE
FwJWAw.yiiW.wWa
j
0009
i
M,G.i.A8,W9
Ar.4iw.:
:7.79
Fla .P.tN+Fa.an
313176}7
DELETE
FnaT U.l.Aik,,
i
72.90 i
Nva
i
M.c.i.76.Gw
h.Ms3w i
i7.pD
No -0d..F..aL.
}1y12o=y
54. a, 4a4e.$a.W DELRE
pie -A"..L .t.
a{i/7WL
13-20
1031
1032
s®3
1 o3s
1095
1936
6037
IMS
IM
1100
tt01
1107
3176
1127
IIT
1129
1130
Exhi hit 1 -FDD Study Update
Current Charges 1 Proposed Cherg-
und.ddow• I F..® Pallc. -.1 1 Ad- _..rI .rfra..
SEAYICE NAME
DESCRIPTIDN
Total or
B.sr F.e Total or Biu Fa!
IncnmennlTehl
Ilf applluhW)
or 0aa! fn•••ment.l
Fee
FVIRENCE
TYPE Total ar 9.s. InlremenhI
Fn {H aPP0u61e1
CPI N.h6pl_Mal
.
1Ma
i-IwcAAaeM+{wW DELETE
Gw.1.sFFci.Wer
G
:t7.N i
usa9
I.I,G.i.iFCa7
w.silrw. i
KiAO
F1n-A�ual+osts
7/E{iPii
2 Inch Turblrle WM MeM,
Mueller AMI
$
34500 $
573.23
$
071.77]
MC. 3.36030
Pan Thnt $
573.33
No ACWlI [MU
711%2021
1 Inch Water Melff
Mua3,AMl
5
425-00 5
565.69
5
14069
MO 336030
PeuTM 5
565.69
No Att.id COtt4
7/1JZlR1
YWI.NaNe.A4eIw DELETE
F
iiY9� G
ir4i000
M..a,fcABY
paer9lrwr F--�337.W
Na J1ci.a4wsa
3(ij1G�,l
4,.*V h.4.4a DELETE
6
p1 S
4r749 =
6
M.6,-3�3LAt0
Paas-T1w G
k7i0.00
Ne �SWlFsosFa
Jfl/els
&4w 6� DEC ETE
G
7i1WA0 G
irID000
6
aAie3.lGOiO
aa•r-m- 4_440000
NW �Si.M wrta
3HF2Wi
11aeMWWM A4.l.r DELETE
G
Sd46 : 6--&84F,M.
C
-
M.G.3,ii3Ota
3aaer44- ii-�
49-A..Aeesle
aFL/wu
CanstruaOgn Water Mehr
Esta511ahment Charle
$
114.00 $
LOOM
$
(14001
M.C.la.79.070
COSFee $
2DOA/
Yes 50%R...v ,,,,M.C.3.36,D30EaWWA
7/1/3021
ConsVuclfpn Water Meter
Mltef DfMIR
$
973.00 $
1,2som
$
277.00
M.C.1410070
Dap -h $
1250.00
Nn
7/1/7021
Cane _ W.- Merl,
Monthly Char.
See Nolen
Sae lhl e,
M.C.14.20--070
C Fee
See
Nele Same mst es 2" math
7/1(2021
Cl3rulurnl Wal, S,var Olacent(n.-
5
303.00 $
14D.00
S
3700
M C. 1412090
COSF.. 5
140.21
Its
7/1(2021
Oe9•tquenl W.I. Semice Arsloration
BuilmuHoun
S
18100 $
26000
5
72.06
M.C. 14.12.125
ODSF..
➢unlSlve $
160.24
Yes A Me of 5100 h included In the IoW amount.
7/112021
DeYnR... t WaSer Sernce neamneloar Law Income Hww"d
(babw 20M f the laden l poverty lim)
6uyMUHaury
$
5000
5000
5
M0. 31.12.125
COSree
Punlelve 5
195.36
SSD recovery per CA HIaI1N end Safety Code
Yet 116914(apll
7/1/2071
Delinquent Wain Servfm Rtmntfn
NOn Busl-Hwn
$
314.00 $
279.00
5
(35.001
M.C. 14.12.125
CDiFee
Pu.W- S
17901
Yes Aline of$100 h Included in thelqul amount.
7/1/2021
D.Iinquent Water Seryicl Alsmratlpo - LOW IMOmr HOulrhald
IbeleW 300%CFthf ledrril puvrrty liner
Non 6uslnns Hwra
$
lww $
IMOD,
$
MC. 14.17.125
COS -F"
Punhlw 5
314.13
5150 recovery 9e, CA Hl41M aad $afaly Cede
Tes 1169144)(11
7/1(2021
Hydrant Flaw Test- Hfghwey Test lhllghl Tlmel
5
558,00 5
50&00
5
152.00
M.C. 3.36030
COiF.. 5
506.3)
Yea
7/l/7D21
Hydrant Flow Test- Non Highway JReeular Houn)
$
37600
44900
5
7300
M.C. 3.36.030
00SFee $
449.17
Yes
7/1/2021
Malo floe Yalve Boa
Watef YHvrBaa fir -=:"'-.°-q
$
36.00 $
38.79
$
2.79
M.C. 3.36030
Pau Th. 5
39.79
Ne A .w _u
7/112021
Mafn Lina V.1 -11 -Lid
WaL, Yelvr Ms L id'---�"e�Al:p
$
32W $
34,111
$
2A3
M.C. 3.36030
MUTMu 5
31411
No ACtWl-U
7/1/2021
Wel, erM Sewer Service EshbFshment Fee -Business Houn
5
7400 S
170D0
5
4600
M{. 14.12065
CW -F- 5
120.25
Ye.
7/7/2021
Wat,and5 .,S."M-fsrab5shmena Fee-9uilneu Hwm
0,1L
$
7400 5
116.00
5
42,00
M.C. 14.12.035
[ Fea 5
116.66
Yes
7/1(1021
Wa twd Sewer Se . Euah4shment Fee -Non Bur2neFa Hours
N/A
$
32100
M.C. 14.12085
COSFee 5
321.30
Yes New Fee 2021
711(2021
Watar Sf vilf IOstallatf- Fm
New 0, Enlarged Waley Service
$
587,00 $
713,00
$
126,00
M.C. 14.13.010
COSF_ 5
713.31
VH
711IM21
Water Shut Off -Tag Placement
Pfnk Notin
$
3700 $
3200
$
M4,14,12.120
C054. $
3204,
Yes
7/1/2021
13-21
ATTACHMENT B
ORDINANCE NO. 2021- 7
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, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, the 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 18, 2021, 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:
13-22
Ordinance No. 2021 -
Page 2 of 7
Section 1: Exhibit "A" to Section 3.36.030 (Cost Recovery Percentages) of the
NBMC, is hereby amended to read as follows:
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
Chapter 17.65 Appeal—Applicant
Successful
0%
Chapter 17.65 Appeal to City Council —
Applicant Unsuccessful
$940
Chapter 17.65 Appeal to Harbor
Commission — Applicant Unsuccessful
$1,250
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%
Finance Department
Admin. Cite Hearings
0%
Parking Hearings
0%
Payment Plans (Except Parking)
$25
Short Term Lodging Permit
Suspension or Revocation Hearing —
Applicant Successful
0%
13-23
Ordinance No. 2021 -
Page 3 of 7
Service
Percentage of Cost or
Amount to Be
Recovered from Direct
Fees
Short Term Lodging Permit
Suspension or Revocation Hearing—
Applicant Unsuccessful
50%
Zero Bill Reprint
00/0
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
360/6
Hotels/Motels
50-299 Rooms
36%
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%
Harbor Department
Chapter 17.65 Appeal—Applicant
Successful
0°/U
Chapter 17.65 Appeal to City Council –
Applicant Unsuccessful
$940
Chapter 17.65 Appeal to Harbor
Commission – Applicant Unsuccessful
$1,250
Library Services Department
Passport Photo
$10
Use Fees—Materials
$1
Inter -Library Loan
$5
13-24
Ordinance No. 2021 -
Page 4 of 7
Service
Percentage of Cost or
Amount to Be
Recovered from Direct
Fees
Police Department
Bike Licenses
17%
Secondhand/Pawn Dealer Tag Check
0%
Registrant—Narcotics
0%
Animal Shelter
Adoption Fee—Dogs
$150
Adoption Fec—Puppies
$225
Adoption Fcc--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
Chapter 17.65 Appeal—Applicant
Successful
0%
Chapter 17.65 Appeal to City Council –
Applicant Unsuccessful
$940
Chapter 17.65 Appeal to Harbor
Commission –Applicant Unsuccessful
$1,250
RGP Dredging Permit
42%
Recreation and Senior Services
Department
Adult Sports
500/0--95%
Administrative Processing Fee
$5
Badge Replacement
$5
After School/Camp Programs
Camps
20%50%
After-School/teen Program
20%50%
Pre -School Program
200/o-50%
Aquatics
200/6-50%
Contract Classes
50°/a---95%
13-25
Ordinance No. 2021 -
Page 5 of 7
Service
Percentage of Cost or
Amount to Be
Recovered from Direct
Fees
Class Refunds
$74 or less
$10
$75 or more
$20
Youth Sports
200/6-50%
Special Events—Levels 1, 2, and 3
Resident, Level I and Late Fees for Level
1
01/,20%
Resident, Levels 2-3 and Late Fees for
Levels 2-3
200/6-50%
Nonresident, Levels 1-2 and Late Fees
for Level I
200/6-50%
Nonresident, Level 3 and Late Fees for
Levels 2-3
50°/a-95%
Appeal to City Council
500/6-95%
Natural Resources Programs
00/6-20%
Senior Services
Oasis Transportation
$1—$3 each way
Contract Classes
200/&-50%
Fitness Center
500/0---95%
Utilities Department
Construction Water Meter
Establishment
50%
Fats, Oils, and Grease (FOG) Annual
Permit
0%
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
Official
$0
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
13-26
Ordinance No. 2021 -
Page 6 of 7
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.
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.
13-27
Ordinance No. 2021 -
Page 7 of 7
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 9th day of March, 2021 and adopted on the 23rd day of
March, 2021, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI 1. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
A A^--- C_ ( 01--
AARON
1—^AARON C. HARP, CITY ATTORNEY
13-28
ATTACHMENT C
ORDINANCE NO. 2021- 8
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ENACTING
NEWPORT BEACH MUNICIPAL CODE SECTION
12.44.111 TO PERMIT THE ESTABLISHMENT OF
OVERSTAY CHARGES FOR PARKING AT PUBLIC
ELECTRIC VEHICLE CHARGING STATIONS
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the
City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in
the Charter and the State Constitution, and the power to exercise, or act pursuant to
any and all rights, powers, and privileges, or procedures granted or prescribed by any
law of the State of California;
WHEREAS, the City currently owns and operates electric vehicle charging
stations at various City owned properties including: Civic Center, Newport Coast
Community Center, Oasis Senior Center, and Marina Park;
WHEREAS, the number of electric vehicle owners and demand for public electric
vehicle charging stations continues to grow;
WHEREAS, parking spaces designated for use of public electric vehicle charging
stations are intended to be occupied only while the station is in active use;
WHEREAS, encouraging turnover at parking spaces designated for use of public
electric vehicle charging stations is necessary to maximize station access;
WHEREAS, the City's current Parking Violation Penalty Schedule adopted
through Resolution No. 2020-30 includes a fine of $61 for parking at a public electric
vehicle charging station while not charging or blocking a public electric vehicle charging
station, which would be issued through a parking citation;
WHEREAS, new "smart" public electric vehicle charging stations (i.e. network -
connected) are equipped with technology to automatically charge drivers for overstaying
in a parking space designated for use of a public electric vehicle charging station
beyond the charging session;
WHEREAS, although a parking citation may be issued to electric vehicles that
are not plugged into and actively charging from the public electric vehicle charging
station, to encourage turnover at parking spaces designated for use of public electric
vehicle charging stations, staff recommends adoption of an automatic overstay charge.
13-29
Ordinance No. 2021 -
Page 2 of 3
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Newport Beach Municipal Code Section 12.44.111 is hereby added
to read as follows:
12.44.111 Public Electric Vehicle Charging Station Parking.
No person owning or operating a vehicle shall cause such vehicle to remain
parked at a public electric vehicle charging station after the vehicle has completed
charging. An overstay charge shall automatically apply to vehicles that remain plugged
into the public electric vehicle charging station when the charging session has already
been completed. Such overstay charge may be on a per -minute basis after a
designated grace -period, which may be established and changed, from time to time, by
resolution.
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.
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.
13-30
Ordinance No. 2021 -
Page 3 of 3
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 March, 2021, and adopted on the 23rd day of
March, 2021, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
BRAD AVERY, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
C_ / ot"_
AARON C. HARP, CITY AfTORNEY
13-31
Attachment D
Redline Amended Newport Beach Municipal Code Section 3.36.030
13-32
Newport Beach Municipal Code Page 1/6
3.36.030 Cost Recovery Percentages.
A. The municipal functions the City Council has determined to be user services and for which the City Council
has initially determined the actual costs and the appropriate cost recovery percentage are described in the fee
resolution. The cost recovery percentage appropriate for each user service shall be one hundred (100) percent with
the exception of the user services listed in Exhibit "A" and those services for which the fee is limited by statute. The
City Council may include in the fee resolution a schedule to phase in specific fee increases over a period not to
exceed four years.
B. The City Council shall establish, pursuant to the fee resolution, the actual fee or charge for each user service
described in the fee resolution. The fee or charge shall be based upon the actual cost of providing the user service,
multiplied by the relevant cost recovery percentage.
C. The City Council may, without amending this chapter, modify (increase or decrease) the fee resolution to
amend the amount of any fee or charge for, and the actual cost of providing, any user service upon a determination
that there has been an increase or decrease in one or more of the cost factors relevant to the calculation of the actual
cost of providing that service.
D. The City Council may modify the municipal functions determined to be user services in the fee resolution and
the cost recovery percentage for any service only by amending this chapter.
E. Fees for service established in the fee resolution may be waived by the City Council. The City Manager may
waive fees imposed on nonprofit organizations for nonprofit sponsored events in an amount not to exceed one
thousand dollars ($1,000.00) per year.
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
Chapter 17.65 Appeal—Applicant
0%
Successful
Chapter 17.65 Appeal to City Council –
S940
Applicant Unsuccessful
Chapter 17.65 Appeal to Harbor
Commission – Applicant Unsuccessful
$1,250
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
The Newport Beach Municipal Code is current through Ordinance 2020-28, passed November 10, 2020.
13-33
Newport Beach Municipal Code
Service
Percentage of Cost or
Amount to Be
Recovered from Direct
Fees
Coastal Development Permit Application
Appeals from Zoning Administrator to
Planning Commission
0%
Reasonable Accommodation
0%
Finance Department
-
Admin. Cite Hearings
0%
Parkin Hg earing_s
0%
Payment Plans (Except Parking)
$25
Short Term Lodging Permit
Suspension or Revocation Hearing -
0%
Applicant Successful
Short Term Lodging Permit
Suspension or Revocation Hearing=
50%
Applicant Unsuccessful
Zero Bill Reprint
0%
Fire Department
-
Emereencv Medical Services
Advanced Life Support ALS)
Nontransport
S400
Basic Life Support (BLS)--Nontranspo
S400
ALS First Responder Fee
S400
BLS First Responder Fee
S400
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
50-299 Rooms
36%
Hotels/Motels
300 or More Rooms
92.4%
Operational Permits—Level 1
40%
Operational Permits—Level 2
38.1%
Residential Care Facility Prelicense
96%
Inspection
Special Event Permits—Single Event
88%
State Fire Clearance
82%
Harbor Department
The Newport Beach Municipal Code is current through Ordinance 2020-28, passed November 10, 2020.
Page 2/6
13-34
Newport Beach Municipal Code
Service
Percentage of Cost or
Amount to Be
Recovered from Direct
Fees
Chapter 17.65 Appeal—Applicant
0%
Successful
Chapter 17.65 Appeal to City Council -
S940
Applicant Unsuccessful
Chapter 17.65 Appeal to Harbor
Commission - Applicant Unsuccessful
$1,250
Library Services Department
-
Passport Photo
slo
Use Fees—Materials
Sl
Inter -Library Loan
S5
Police Department
Bike Licenses
17%
Secondhand/Pawn Dealer Ta Cg heck
0%
Reeistrant—Narcotics
0%
Animal Shelter
Adoption Fee—Dogs
S150
Adoption Fee—Puppies
S225
Adoption Fee—Cats
S90
Adoption Fee—Kittens
110
Adoption Fee—Small An-imals
45
Boarding Fee (per dayl—Animals
S25
Boarding Fee (per day)—Small Animals
SIO
Owner Turn -In Fee
100
Impound Fee Dogs, Cats, Small
S55
Animals
Public Works Department
-
Chapter 17.65 Appeal—Applicant
0%
Successful
Chapter 17.65 Appeal to City Council -
940
Applicant Unsuccessful
Chapter 17.65 Appeal to Harbor
Commission - Applicant Unsuccessful
$1,250
RGP Dredging Permit
42%
Recreation and Senior Services
Department
Adult Sports
500/-95%
Administrative Processing Fee
$5
The Newport Beach Municipal Code is current through Ordinance 2020-28, passed November 10, 2020.
Page 3/6
13-35
Newport Beach Municipal Code
Service
Percentage of Cost or
Amount to Be
Recovered from Direct
Fees
Badge Replacement
$5
After School/Camp Programs
Camps
200/o-50%
After-School/Teen Program
200/-50%
Pre -School Program
200/-50%
Aquatics
200/-50%
Contract Classes
500/-95%
Class Refunds
$74 or less
$10
$75 or more
$20
Youth Sports
200/o-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
200/-50%
Nonresident, Levels 1-2 and Late Fees
for Level 1
200/-50%
Nonresident, Level 3 and Late Fees for
Levels 2-3
500/-95%
Appeal to City Council
500/o-95%
Natural Resources Programs
00/-20%
Senior Services
Oasis Transportation
$1—$3 each way
Contract Classes
200/-50%
Fitness Center
500/-95%
Passpott Photo
94-0
Inter- Tr�oari
5
Fire nmet
-
A dyaneed Life C....pott (ALS) T C'\
r]. sie Life Support (BLS) Nentfans..o
$400
The Newport Beach Municipal Code is current through Ordinance 2020-28, passed November 10, 2020.
Page 4/6
13-36
Newport Beach Municipal Code
Service
Percentage of Cost or
Amount to Be
Recovered from Direct
Fees
ATC First Responder Cee
$400
BLS First Despnnde« Cee
$400
T.i..e D.. ntie
Candle Defmit D«......e.«
-7"0
Care C eil:t:e:1:«:e..
99rc,...t,.
Cafe C�seil:t:eiliti...
> 99 rre«t..
�� p
40 904
romme.e:el Day Cafe C„e:rties
CHetel s n.4atel s
JV 299 Ree iii
Hetel. Betels
A 0 or Mere n e, ms-
9'1A04
Oper tie«el ne.-...:u r e .el 1
Operational ne.-...:tq r e .el 2
D esi d-entiel Care Cee:l:ty D«elieense
laspeefie
9"0
C"0
Junior- bifeguards
-
.fiffin:e u ffirasPart:eipa tion Fee
V-17
De1Cee Tepa -toren
Bike Lieenses
4-7-%
Seee..,17...«,1/D......, Dealer Tag Cheek
"�0��
tl0
Aminal Shelter
-
Adoption Fee Dogs
84-50
Adoptiefi Fee Puppies
92 -LS
Adoption Fee EusS
SW
Adoption Cee T7�tte«
�e
Adoption Fee C.......1l An imal:.«..1s
W
D,....., ing Cee (per day) Animals als
SM
Bearding Fee (per day) Small Animals
&9
Tiifn in
814-W
impoundOwnef
ee Dogs, is Small
44;ima19
The Newport Beach Municipal Code is current through Ordinance 2020-28, passed November 10, 2020.
Page 5/6
13-37
Newport Beach Municipal Code
Service
Percentage of Cost or
Amount to Be
Recovered from Direct
Fees
Engineering
-
L'«..4:sa .1.«.ent Permit without Od er
Tlepai4ment/lliyisien Revs....
"
L'n........ hMP'nt De.....:t .:d, Othp'r
-----------
Department/DivisionDe.:
57-O
Harbor- Departmen
Appeal a f T ..ase/D, emit .....,1.... !`hapt....
1'7.65
M -N
3�4�
Finance Department
Payment Plans (Exeent Par4 ng)
SW
Pafking14 1 -
Admin. in Cite u, .frogs
11-%
Munieipal Utilities
Department
Construction Water Meter
Establishment
50%
Fats, Oils, and Grease (FOG) Annual
Permit
0%
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
Official
$0
Page 6/6
(Ord. 2020-10 § 1, 2020; Ord. 2020-5 § 4, 2020; Ord. 2018-15 § 1, 2018; Ord. 2018-13 § 1, 2018; Ord. 2016-14 § 1, 2016; Ord. 2015-29 § 1,
2015; Ord. 2015-9 § 1, 2015; Ord. 2013-18 §§ 1, 2, 2013; Ord. 2013-1 § 1, 2013; Ord. 2011-28 § 1, 2011; Ord. 2011-10 § 1, 2011; Ord. 2009-32
§ 1 (Exh. A), 2010; Ord. 2009-21 § 1 (Att. 1), 2009; Ord. 2008-14 § 1 (Exh. 1) (part), 2008: Ord. 2004-4 § 3, 2004; Ord. 2002-26 Exh. A, 2002;
Ord. 2000-24 § 1, 2000; Ord. 98-18 § 1, 1998; Ord. 97-8 §§ 1 (part), 2, 1997)
The Newport Beach Municipal Code is current through Ordinance 2020-28, passed November 10, 2020.
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Attachment E
Application of Indirect Costs to the Calculation of Fees for Services
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The purpose of this exhibit is to provide a detailed explanation of the methodology used by
the City of Newport Beach to incorporate indirect overhead costs in the development of the
municipal fee schedule, using the Harbor Department, Special Event Permit — Simple fee as
the example.
Permitted special events held on the waters
of Newport Harbor allow for an array of
unique organized programs and activities to
take place in the bay. Sailing race events,
rowing regattas, fishing tournaments, and
anchorage raft -up activities are just a few
examples. In order to ensure that a special
event can take place safely and ". W+
successfully, staff collects information about
the scope of the event, time, dates, and
other important event details. The Harbor
Department staff will review details of the
program, confirming, among other things, naftupeven bailoworganizationstotic vessels tooneanother, for
that the proposed program: does not conflict svciaiiringwhile using the public anchorage. Permit conditions forraft-up
events include: total numberof allowable vessels, permissab le tim es for use
with other previously approved special uses of gene rators,amphifiedmusic,and safety relatedterms.
of the Harbor; unreasonably impact regular
activities on the bay; or impose on the neighboring residents. Following the review of
application materials and planned activities, specific conditions are incorporated into the
permit as part of the approval process. These conditions provide guidance for issues such
as: use of amplified music, locations, set up requirements, etc. On the day of the scheduled
events, Harbor Service Workers will check with event organizers to ensure the terms and
conditions set for the event to be successful are being met.
The following steps demonstrate how the Harbor Department, Special Event Permit — Simple
fee is derived:
Step 1: Calculate Hourly Staffing Rates and Burdened Factors
The first step is to determine the hourly rates of staff providing the services associated with
the fee. Table 1 below provides the hourly salary and benefit rates plus the hourly burden
factors for the staff that are responsible for performing this task within Harbor Department.
Indirect overhead costs or "burdened factors" are costs that are not directly accountable to
the expenses incurred for a user fee service, but are necessary and contribute to the total
cost of that service delivery, i.e. - managerial administration, utilities, insurance, legal,
information technology, payroll, and finance, which are all valid components to the analysis
of what it costs the City to provide municipal services.
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Table 1- Hourly Rates for Salary, Benefit and Overhead Factors
Salary and Benefits Burdened Factors Total
Burdened
Hourly Rate Hourly Rate Rate
Harbor Services Worker $29.85 + $34.14 = $63.99
Harbormaster $114.53 + $131.00 = $245.53
Department Assistant $35.99 + $41.17 = $77.16
The City's cost allocation plan consultant uses the Federal Office of Management and
Budget (OMB) Super Circular 2 CFR Part 200 as a guideline to determine the allowable
burdened, or indirect, cost elements. The Super Circular is a document that state and local
governments use to identify allowable indirect costs when applying for reimbursement of
cost from state or federal programs. Although the calculation of user fee services is not
specific to applying for reimbursement from any state or federal program, the underlying
methodology of identifying costs is much the same. The relevant sections of the Super
Circular that specify how direct and indirect costs shall be applied to the calculation of the
Fee follows below.
Composition of Cost
Direct Costs
1. General. Direct costs are those that can be identified specifically with a particular final
cost objective.
2. Application. Typical direct costs include:
a) Compensation of employees for the time devoted and identified specifically to the
performance of the operation.
b) Cost of materials acquired, consumed, or expended specifically for the purpose of
fulfilling the mission of the operation.
c) Equipment and other approved capital expenditures.'
d) Travel expenses incurred specifically to carry out the operation.
Using the personnel identified in Table 1, the direct costs for the Special Event Permit —
Simple fee are found on line 1.1 (total salary and benefits on an hourly basis) in Table 1 a
below.
1 Includes maintenance and/or depreciation expense only, not equipment purchases, which are capitalized over a
number of years.
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Table 1 a
Fully Burdened Hourly Rates
Harbor
Services
Worker
Harbormaster
Department
Assistant
Annual Salary & Benefits:
$ 51,426
$ 197,306
$ 62,000
1. Calculate hourly salary & benefits
1.1 Divide annual cost by direct hours available (1723)
$29.85
$114.53
$35.99
Total Salary and Benefits
$29.85
$114.53
$35.99
2. Indirect Overhead
2.1 Compensated Absences 13.4%
$4.01
$15.35
$4.83
(vacation, sick leave)
2.2 General Administration 14.7%
$4.39
$16.84
$5.29
(supervision, support services)
2.3 Operating Expense 32.7%
$9.75
$37.41
$11.76
(training, supplies, maint & repair)
2.4 Citywide Overhead 53.6%
$16.00
$61.40
$19.29
(Finance, City Manager, Human Resources)
Total Indirect Overhead 114.4%
$34.15
$131.00
$41.17
Total Burdened Rate:
$64.00
$245.54
$77.16
Indirect Costs
General. Indirect costs are those: (a) incurred for a common or joint purpose benefiting
more than one cost objective, and (b) not readily assignable to the cost objectives
specifically benefitted. The term "indirect costs," as used herein, applies to costs of this
type originating from staff within Harbor Department, their operating expenditures and
administration support, as well as those incurred by administrative departments in
supplying goods, services, and facilities.
The cost of service analysis includes four types of indirect overhead categories or "cost
pools" consisting of compensated absences, general administration, operating
expenses, and citywide overhead.
a) Compensated Absences - The compensated absences cost pool is used to account
for employees' time off with pay for vacations and sick days. The City is obligated to
pay for these days off and is required by the matching principle to record the expense
when the employees are working, since the benefits are a part of the employees'
compensation. It is estimated that 280 out of 2,080 total available hours per year per
full-time equivalent (FTE) are taken as compensated absences. This translates into
a 13.4% burden factor applied to the hourly salary and benefit rate as indicated on
line 2.1 in Table 1 a above.
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b) General Administration — The general administration cost pool includes the cost of
staff time spent on such activities as budget planning and staffing allocations; public
counter and telephone time, meetings, and training and education. The wages of
management staff and the workers engaged in administration and support activities
are considered an indirect labor cost. It is calculated that 14.7% of Harbor
Department's overall workload is spent on this general administrative function as
indicated on line 2.2 in Table 1 a above.
c) Operating Expenditures — The operating expenditure cost pool consists largely of
Internal Service Fund (ISF) charges to the divisions on a cost reimbursement basis.
The City's internal service funds are used to allocate the cost of providing general
liability insurance and workers' compensation; maintaining and replacing the City's
rolling stock fleet; and the cost of maintaining and replacing the City's computers,
printers, copiers, and telecommunication services. This cost pool also includes other
general operating expenses such as publications, supplies, and training. The
operating expenditure burden factor of 32.7% for Harbor Department as indicated on
line 2.3 in Table la above is calculated by comparing the total cost of (allowable
indirect) operating expenditures to the total (allowable direct) labor pool.
d) Citywide Overhead - The Cost Allocation Plan (CAP) distributes the costs of City
departments that serve a central service function supporting Harbor Department
operations. These "Central Service Departments/Divisions" include: City Council, City
Clerk, City Manager, Finance & Treasury Financial Planning, and Financial
Reporting, as well as Human Resources Risk Management. The citywide overhead
burden factor of 53.6% for Harbor Department is calculated by comparing the total
cost of Harbor Department's share of citywide overhead to the total (allowable direct)
labor pool (see line 2.4 in Table 1 a above).
Step 2: Calculate Time Spent on the Service
The second step is to calculate the time spent on the service. The task and time in minutes
estimated to complete the task is captured in Table 2 below.
Table 2: Task Description & Time Estimates in minutes
Step 3: Calculate the Cost to Provide the Service
The third and final step is to calculate the cost to provide the service by converting the total
minutes to hours per unit (or staff person). The product of the hourly rate calculation times
the time spent yields the cost of providing the service (see Table 3 below).
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Time Estimate
Harbor Services Worker
20 minutes
Harbormaster
15 minutes
Department Assistant
10 minutes
Step 3: Calculate the Cost to Provide the Service
The third and final step is to calculate the cost to provide the service by converting the total
minutes to hours per unit (or staff person). The product of the hourly rate calculation times
the time spent yields the cost of providing the service (see Table 3 below).
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Table 3 — Fee is Product of Times and Rates
Summary
The purpose of a CAP is to accurately, fairly, and reasonably distribute the City's central
administrative costs to the operating departments in the City. The development of a CAP
follows a series of general guidelines and principles, which originate from federal guidelines
established in OMB Super Circular. These principles ensure that allocated costs are
necessary and reasonable to the operation of the government. A cost analysis study is
almost entirely reliant upon the data provided by the City. Since all study components are
interrelated, bad data at any step in the process will cause the ultimate results to be flawed.
To avoid accuracy problems and other quality flaws, the study included a series of quality
control measures including reasonableness tests and validation; balance and cross checks;
and internal City review. Finally, it should be noted that private businesses typically add a
layer of profit margin to their cost analysis, public agencies are not allowed to do so.
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Total
Fully
Total Cost
Total
Hours per
Burdened
to Provide
Minutes
Unit
Hourly Rates
the Service
Harbor Services Worker 20.00
0.33
$63.99
$21.33
Harbormaster 15.00
♦ 0.25
X $245.53 -
$61.38
Department Assistant 10.00
0.17
$77.16
$12.86
$95.57
Proposed Fee
$95.00
Summary
The purpose of a CAP is to accurately, fairly, and reasonably distribute the City's central
administrative costs to the operating departments in the City. The development of a CAP
follows a series of general guidelines and principles, which originate from federal guidelines
established in OMB Super Circular. These principles ensure that allocated costs are
necessary and reasonable to the operation of the government. A cost analysis study is
almost entirely reliant upon the data provided by the City. Since all study components are
interrelated, bad data at any step in the process will cause the ultimate results to be flawed.
To avoid accuracy problems and other quality flaws, the study included a series of quality
control measures including reasonableness tests and validation; balance and cross checks;
and internal City review. Finally, it should be noted that private businesses typically add a
layer of profit margin to their cost analysis, public agencies are not allowed to do so.
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