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HomeMy WebLinkAbout2021-13 - Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, and pass to second reading on June 22, 2021.ORDINANCE NO. 2021-13 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 March 9, 2021, the City Council adopted Resolution No. 2021-21, which approved the increase in the cost of black and white copies at the City Library's copiers from $0.15 to $0.30; WHEREAS, on March 23, 2021, the City Council adopted Ordinance No. 2021-7, which amended Exhibit "A" to Section 3.36.030 (Cost Recovery Percentages) of the NBMC; Ordinance No. 2021-13 Page 2 of 7 WHEREAS, in order to align black and white copy fees with libraries comparable to the City and provide the public with an affordable means to photocopy documents, furthering the Library's role as a community resource, City staff recommends the cost of black and white copies be returned to $0.15; and WHEREAS, City staff recommends the City Council adopt the proposed revision as depicted in Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Exhibit "A" to Section 3.36.030 (Cost Recovery Percentages) of the NBMC, is hereby amended to read as follows: 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. Percentage of Cost or Amount to Be Recovered from Direct Service Fees Community Development Department Chapter 17.65 Appeal—Applicant 0% Successful Chapter 17.65 Appeal to City Council — $940 Applicant Unsuccessful Chapter 17.65 Appeal to Harbor $1,250 Commission — Applicant Unsuccessful Building Appeals Board Hearing—Applicant 0% Successful Appeals Board Hearing—Applicant $1,715 Unsuccessful 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 Ordinance No. 2021-13 Page 3of7 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% Parking Hearings 0% Payment Plans (Except Parking) $25 Short Term Lodging Permit Suspension or Revocation Hearing — Applicant Successful 0% Short Tenn 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% Ordinance No. 2021-13 Page 4 of 7 Service Percentage of Cost or Amount to Be Recovered from Direct Fees 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 Black and White copies $0.15 Passport Photo $10 Use Fees—Materials $1 Inter -Library Loan $5 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 Tum -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 Ordinance No. 2021-13 Page 5of7 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Department Adult Sports 500/-95% Administrative Processing Fee $5 Badge Replacement $5 After School/Camp Programs Camps 20°/u 50% After-School/Teen Program 200/a--50% Pre -School Program 20°/u 50% Aquatics 200/o--50% Contract Classes 500/o--95% Class Refunds $74 or less $10 $75 or more $20 Youth Sports 20°/u 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 2-3 200/,50% Nonresident, Levels 1-2 and Late Fees for Level 1 20%-50% Nonresident, Level 3 and Late Fees for Levels 2-3 500/o--95% Appeal to City Council 50%-95% Natural Resources Programs 00/o-20% Senior Services Oasis Transportation $1—$3 each way Contract Classes 200/&--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 Ordinance No. 2021-13 Page 6 of 7 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. 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. Percentage of Cost or Amount to Be Recovered from Direct Service Fees Thereof When Acting within the Scope of Their Official Duties Review from a Lower Body or $0 Official Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 3: If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 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. 2021-13 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 8th day of June, 2021 and adopted on the 22nd day of June, 2021, by the following vote, to -wit: AYES: Mayor Avery, Mayor Pro Tem Muldoon Council Member Blom Council Member Brenner, Council Member Dixon Council Member Duffield Council Member O'Neill NAYS: ABSENT: ATTEST: 1. CEILWN-1 ►�._ -• - APPROVED AS TO FORM: CITY A TORNEY'S OFFICE 4."C. AAR N C. HARP, CITY ATTORNEY s B Y, MAYOR 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. 2021-13 was duly introduced on the 81h day of June, 2021, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the day of 22nd June, 2021, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Mayor Pro Tem Kevin Muldoon, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Will O'Neill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of June, 2021. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } 9&V�J — — Leilani I. Brown, WC , Pvt City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2021-13 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: June 12, 2021 Adopted Ordinance: June 29, 2021 In witness whereof, I have hereunto subscribed my name this day of July, 2021 aEvu PO Lei ni I. Brown, MM r31 City Clerk City of Newport Beach, California cgt�fi©u�'`v-