HomeMy WebLinkAbout2021-7 - Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost RecoveryORDINANCE 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:
Ordinance No. 2021-7
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 Successftd
0%
Ordinance No. 2021-7
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
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
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
Inspection
96%
Special Event Permits—Single Event
88%
State Fire Clearance
82%
Harbor 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
Library Services Department
Passport Photo
$10
Use Fees—Materials
$1
Inter -Library Loan
$5
Ordinance No. 2021-7
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 Fee—Puppies
$225
Adoption Fee—Cats
$90
Adoption Fee—Kittens
$110
Adoption Fee—Small Animals
$45
Boarding Fee (per day)—Animals
$25
Boarding Fee (per day) --Small Animals
$10
Owner Turn -In Fee
$100
Impound Fee—Dogs, Cats, Small
Animals
$55
Public Works Department
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/ --95%
Administrative Processing Fee
$5
Badge Replacement
$5
After School/Camp Programs
Camps
200/-50%
After-School/Teen Program
200/a--50%
Pre -School Program
20%50%
Aquatics
20%50%
Contract Classes
500/a--95%
Ordinance No. 2021-7
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
20%50%
Special Events—Levels 1, 2, and 3
Resident, Level 1 and Late Fees for Level
1
00/,20%
Resident, Levels 2-3 and Late Fees for
Levels 2-3
20°/u 50%
Nonresident, Levels 1-2 and Late Fees
for Level 1
200/o--50%
Nonresident, Level 3 and Late Fees for
Levels 2-3
500/&--95%
Appeal to City Council
50%95%
Natural Resources Programs
00/ —20%
Senior Services
Oasis Transportation
$1—$3 each way
Contract Classes
20% 50%
Fitness Center
50%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.
Ordinance No. 2021-7
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.
Ordinance No. 2021-7
Page 7of7
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: Mayor Avery Council Member Blom Council Member Brenner, Council
Member Dixon Council Member O'Neill
NAYS: Mayor Pro Tem Muldoon
ABSENT: Council Member Duffield
el'11""' /
BRA E , MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
aWW_____ C. a______
R N C. HARP, CITY ATTORNEY
STATE OF CALIFORNIA
COUNTY OF ORANGE ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance
No. 2021-7 was duly introduced on the 9th day of March, 2021, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 23rd day of March, 2021, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Will O'Neill
NAYS: Mayor Pro Tem Kevin Muldoon
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 241h day of March, 2021.
Ia11AZffVM IV VW -1
Leilani I. Brown, MM
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2021-7 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: March 13, 2021
Adopted Ordinance: March 27, 2021
In witness whereof, I have hereunto subscribed my name this day of April, 2021.
aftII
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California