HomeMy WebLinkAbout10 - Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes (PA2024-0015)Q SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
March 12, 2024
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Seimone Jurjis, Assistant City Manager/Community Development
Director - 949-644-3232, sjurjis@newportbeachca.gov
PREPARED BY: Jaime Murillo, Acting Deputy Community Development Director -
949-644-3209, jmurillo@newportbeachca.gov
TITLE: Ordinance No. 2024-6 and Resolution Nos. 2024-18 and 2024-19:
Code Enforcement Enhancement Program Associated with the Use
of Public Property for Commercial Purposes (PA2024-0015)
ABSTRACT:
For the City Council's consideration are code enforcement enhancements needed to
enforce unpermitted vending on any public property not meeting the definition of a
sidewalk or pathway. Such areas include, but are not limited to, alleys, beaches, piers,
squares, streets, street ends, and parking lots. Enhancements include: 1) amending
Chapter 10.08 to include authority to impound equipment and items used in violation of
current code; 2) adoption of an impound fee to allow cost recovery of impoundment and
storage of items; 3) changes to staffing; and 4) purchase of an all -terrain vehicle and
trailer.
RECOMMENDATIONS:
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) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance
No. 2024-6, An Ordinance of the City Council of the City of Newport Beach, California,
Amending Section 10.08.030 (Use of Public Property for Commercial Purposes) of the
Newport Beach Municipal Code, and pass to second reading on March 26, 2024;
d) Adopt Resolution No. 2024-18, A Resolution of the City Council of the City of Newport
Beach, California, Setting the Amount of Impoundment Fees Related to Unauthorized
Use of Public Property for Commercial Purposes and Amending the Schedule of
Rents, Fines and Fees;
e) Adopt Resolution No. 2024-19, A Resolution of the City Council of the City of Newport
Beach, California, Adding a Part -Time Public Works Maintenance Aide Position to the
Public Works Department, and Upgrading a Part -Time Code Enforcement Officer
Position to a Full -Time Code Enforcement Officer Position Within the Community
Development Department; and
10-1
Code Enforcement Enhancement Program Associated with the
Use of Public Property for Commercial Purposes
March 12, 2024
Page 2
f) Approve Budget Amendment No. 24-054, for $36,748.02 in increased expenditure
appropriations in FY 2023-24 for the Unpermitted Commercial Use of Public Property
Impounds.
DISCUSSION:
On November 27, 2018, the City Council adopted Ordinance No. 2018-19, implementing
sidewalk vending regulations in compliance with Senate Bill 946 (Safe Sidewalk Vending
Act). Despite the City of Newport Beach's efforts to implement a comprehensive
ordinance (Chapter 5.97 [Sidewalk Vending Program] of the Newport Beach Municipal
Code), which includes permitting, location and operational requirements, state law
decriminalized unpermitted sidewalk vending. Consequently, there has been a notable
increase in unpermitted vending within the city, extending beyond sidewalks to beaches
and piers.
Additionally, independent of sidewalk vending regulations, the City prohibits the
commercial use of public property in accordance with Newport Beach Municipal Code
(NBMC) Section 10.08.030 (Use of Public Property for Commercial Purposes). Despite
code enforcement efforts, unauthorized commercial activities persist, particularly during
peak tourist seasons and summer months. One contributing factor is the reluctance of
individuals engaged in unauthorized commercial activities to provide identification or carry
identification on their person, impeding citation issuance. Moreover, City Code
Enforcement Division officers observe that individuals or groups engaged in commercial
activities often return to prohibited areas after the officers depart. The challenge of
patrolling beaches, due to their vast expanse and the difficulty of navigating sand, further
complicates enforcement efforts. The rise in unauthorized commercial activities on public
property has prompted complaints from both the public and lifeguards.
At the February 3, 2024, City Council Planning Session, staff presented a comprehensive
overview of proposed enhancements to the code enforcement program aimed at
addressing the increase of unpermitted vending on any public property not meeting the
definition of a sidewalk or pathway. Such areas include, but are not limited to, alleys,
beaches, piers, squares, streets, street ends, and parking lots. The City Council
expressed general support for the proposed enhancements, recognizing the need for
proactive measures to mitigate the issue.
Impound Authority
NBMC Section 10.080.030 (Use of Public Property for Commercial Purposes) prohibits
the use of any public right-of-way or parkway or other public property for the purpose of
storing or displaying any equipment, goods, materials or merchandise, or any other
commercial purpose. The proposed ordinance will amend the NBMC and authorize
impoundment of equipment, goods, materials, merchandise and property, by authorized
City employees, for a minimum of 30 days if said equipment was involved in the
unauthorized use of public property for commercial purposes. City officials may also
impound these items if it reasonably appears a person abandoned these items on public
property.
10-2
Code Enforcement Enhancement Program Associated with the
Use of Public Property for Commercial Purposes
March 12, 2024
Page 3
The proposed amendment outlines procedures for authorized City employees to follow
for the impoundment, including issuing receipts to individuals engaged in the
unauthorized commercial use of public property. These receipts will contain information
on the date and time of impoundment, a description of the seized items, and instructions
on how to reclaim the impounded items and the process for appealing the impoundment.
The ordinance authorizes City employees to immediately dispose of impounded goods or
materials that cannot be safely stored or are perishable. Impounded items may be
reclaimed after 30 days if the individual pays an impound fee and provides proper proof
of ownership. Items not reclaimed within 60 days of impoundment will be deemed
abandoned and forfeited to the City, which may dispose of them at its sole discretion. The
ordinance provides individuals with the right to request an administrative hearing to
appeal the impoundment of equipment and items (except those disposed of due to safety
concerns or perishability). A redline version of the proposed amendment is included as
Attachment E.
Impound Fee
NBMC Section 3.36 (Cost Recovery for User Services), City Council Policy F- 4 (Revenue
Measures), and Item 12 of the Fiscal Sustainability Plan, provide policy guidance related
to setting cost recovery targets and updating user fees. User fees, also known as
cost -of -service fees, are charges levied on a private citizen or group for services
performed or provided by a government agency on their behalf. The City Council adopted
its current Schedule of Rents, Fines and Fees on June 13, 2023.
Staff is recommending an Impound Fee to recover the City's costs for impounding, storing
and disposing of impounded items. Using well -established cost accounting
methodologies, the City's consultant, ClearSource, met with City staff to discuss staff
resources and time estimates for impounding equipment and items associated with
unauthorized commercial activities on public properties. According to the consultant's
study, the cost of service, based on 100% cost recovery, is $319 per impound.
Staff Enhancements
Additional staffing is essential to handle the impoundment of large carts, which can
require up to an hour for inventory and cleaning, as well as the daily cleaning of the
storage facility. Additional tasks include the disposal of perishable items during
impoundment, proper storage of equipment and materials, and accurate identification of
individuals violating the City's ordinances. Staff enhancements include converting a
part-time code enforcement officer position to full-time and adding a part-time Public
Works maintenance aide position to the enforcement program.
Equipment
To implement the enforcement program discussed at the February 3, 2024, Planning
Session, the City will purchase an all -terrain vehicle (ATV) to navigate on the beach sand
and a trailer for transporting impounded items to the City's storage facility. The ATV is
necessary for patrolling the City's beaches which stretch 9.3 miles. Without the ATV, the
sand would significantly impede staff's ability to cover the beach areas. Training on how
to drive the ATV will be mandatory for any staff member using the ATV.
10-3
Code Enforcement Enhancement Program Associated with the
Use of Public Property for Commercial Purposes
March 12, 2024
Page 4
FISCAL IMPACT:
The budget amendment appropriates $36,748 in increased expenditure appropriations
from the General Fund unappropriated fund balance. The purchase of the ATV and
increase in salary and benefits will be expensed to expenditure accounts in the
Community Development and Public Works Departments listed in Budget Amendment
No. 24-054. Funding for maintenance of equipment in future fiscal years will be allocated
during the development of the budget. Revenue generated by the Unpermitted
Commercial Use of Public Property Impounds will be posted to the Code Enforcement
Unpermitted Commercial Use Impound account in the Community Development
Department, 01050503-531032 and budgeted in future fiscal years based on actuals.
The table below identifies the annual cost and the fiscal impact on the current Fiscal Year
(FY) 2023-24.
Table 1 Fiscal Impacts
Annual cost
FY 2023-24
Impact
One-time purchase of ATV and Trailer
$15,000
Conversion of 0.75 FTE Code Enforcement Officer to
$53,796
$11,162
Full-time
Additional 0.70 FTE Public Works Maintenance Aide
$34,404
$10,586
Total
$88,200
$36,748
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.
NOTICING -
The agenda item has been noticed according to Government Code Sections 66018(a)
and 6062a (published at least 10 days before the scheduled meeting, on two publication
dates separated by at least five days between them: notices were published on
February 24, 2024 and March 2, 2024), Government Code Section 66016(a) (notice
mailed at least 14 days prior to the meeting to any interested party who files a written
request: notices were mailed to Building Industry Association of Southern California,
Southern California Edison, and Southern California Gas Company on February 27,
2024), and the Brown Act (72 hours in advance of the meeting at which the City Council
considers the item).
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Code Enforcement Enhancement Program Associated with the
Use of Public Property for Commercial Purposes
March 12, 2024
Page 5
ATTACHMENTS:
Attachment A
— Ordinance No. 2024-6 (Chapter 10.08 Amendment)
Attachment B
— Resolution No. 2024-18 (Impound Fees)
Attachment C
— Resolution No. 2024-19 (Staffing)
Attachment D
— Budget Amendment No. 24-054
Attachment E
— Redlines to NBMC Chapter 10.08
10-5
Attachment A
Ordinance No. 2024-6 (Chapter 10.08 Amendment)
10-6
ORDINANCE NO. 2024- 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 10.08.030 (USE OF PUBLIC PROPERTY FOR
COMMERCIAL PURPOSES) OF THE NEWPORT BEACH
MUNICIPAL CODE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), 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 City 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, Section 10.08.030 (Use of Public Property for Commercial
Purposes) of the Newport Beach Municipal Code ("Code") prohibits the unauthorized
use of City property for commercial purposes;
WHEREAS, the City is authorized to protect the public health, safety and
welfare by ensuring that clean, safe, and accessible public property is maintained for all
residents and visitors to enjoy;
WHEREAS, there has been an increase in people using public property for
commercial purposes;
WHEREAS, the City Council desires to continue to protect the public health,
safety and welfare including, but not limited to, the City's beaches and other public
places by authorizing the administrative impoundment of equipment, goods, materials,
merchandise and property used for conducting unauthorized commercial operations on
City property; and
WHEREAS, the City wishes to provide for a hearing procedure relating to any
equipment, goods, materials, merchandise or property that has been impounded.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
10-7
Ordinance No. 2024-
Page 2 of 6
Section 1: Section 10.08.030 of the Code is amended in its entirety and shall
read as follows:
10.08.030 Use of Public Property for Commercial Purposes.
A. Except as otherwise provided in this section, no person shall use any public right-
of-way or parkway or other public property for the purpose of storing or displaying any
equipment, goods, materials or merchandise, or any other commercial purpose.
B. Public rights -of -way or parkways may be used for the purpose of selling, storing,
or displaying any equipment, material, merchandise or for other commercial purposes in
the following cases:
1. For the transmission of water, sewer, gas, electricity, television, radio signals
or similar substances or activity pursuant to a franchise granted by the City
Council in accordance with the City Charter, City ordinance or State law;
2. For displaying newspapers and periodicals for sale, subject to compliance with
the provisions of Chapter 5.70;
3. For the temporary storage of construction equipment or material provided a
permit is issued pursuant to Chapter 12.62 and the storage is consistent with
provisions of the Uniform Building Code,
4. For the temporary display and sale of goods or merchandise by an association
of businesses adjoining any street or sidewalk, provided a permit is issued
pursuant to Chapter 12.62 and the sale is consistent with Council Policy;
5. For the temporary sale or display of goods or merchandise in conjunction with
a special event for which a permit has been issued by the City Manager
pursuant to Chapter 11.03 of this Code and the City Council has approved a
resolution of street closure pursuant to the authorization granted by the Cal.
Veh. Code;
6. For the conduct of special celebrations, sporting events or similar activities
involving a nonprofit corporation, nonprofit association, community
organization or similar entity, provided a permit has been issued by the City
Manager pursuant to Chapter 11.03 of this Code, the City Council has adopted
a street closure resolution pursuant to the authority granted by the Cal. Veh.
Code and, the event, celebration or activity is consistent with Council Policy;
7. For sidewalk dining subject to the provisions of Chapter 13.18;
M
Ordinance No. 2024-
Page 3 of 6
8. For sidewalk vendors in compliance with Chapter 5.97.
C. Sales, events, celebrations, or other activities authorized by this section shall be
conducted in strict compliance with the following:
1. In no event shall any public right-of-way closure prohibit members of the public
from accessing any business or residence;
2. The commercial activity authorized by subsection (13)(4) of this section shall be
permitted no more than twice per calendar year;
3. The commercial activity authorized in subsections (13)(4) and (5) of this section
shall not be permitted in any residential zoning district,
4. Sales or events requiring street closures shall be limited to seven (7) days or
less;
5. The event sponsor may charge members of the public for access to the event
or celebration, but the sponsor shall utilize a procedure which allows members
of the public, without fee or charge, to access any property or structure within
the area impacted by the closure;
6. The sponsor of the event shall provide, at the sponsor's sole cost and
expense, all security personnel and traffic control equipment required by the
City Manager;
7. The sponsor of the celebration or event shall provide insurance, which types
and amounts shall be determined by the Risk Manager.
D. The sponsor of any event, sale or celebration authorized by this section shall
comply with all conditions imposed by the City Council, or City Manager pursuant to
resolution or permit.
E. If any person violates this section, the City may impound the person's equipment,
goods, materials, merchandise and property. The City may also impound these items if
it reasonably appears a person abandoned these items on public property.
1. The impoundment may be done by any City employee authorized to enforce
this section.
a. At the time of impoundment from a person, the City employee shall issue
a receipt to the person that includes the date and time of the
impoundment, a description of the items seized, instructions on how to
10-9
Ordinance No. 2024-
Page 4 of 6
reclaim the impounded items, and the process to appeal the
impoundment.
b. The City may immediately dispose of impounded goods or materials that
cannot be safely stored or that are perishable.
c. The person may recover the impounded items after thirty (30) days if the
person pays an impound fee, if any, along with showing proper proof of
ownership.
d. If the items are not reclaimed after sixty (60) days from impoundment, the
impounded items will be deemed abandoned and forfeited to the City. The
abandoned items may be disposed of at the City's sole discretion.
e. The City Council may by resolution adopt impound fees, which shall reflect
the City's enforcement, investigation, storage, and impound costs.
2. Any person who has equipment, goods, materials, merchandise or property
impounded under this section shall have the right to file a request for an
administrative hearing to appeal the impoundment.
a. An appeal shall be filed with the City's Finance Department, in writing, on
forms provided by the department within ten (10) days from the date of
impoundment.
b. The provisions related to Hearing Officers set forth in Section 1.05.070 of
Chapter 1.05 of this Code shall apply. The person requesting the hearing
shall be notified of the time and place set for the hearing at least ten (10)
days prior to the date of the hearing. After considering all the testimony
and evidence submitted at the hearing, the Hearing Officer shall issue a
written decision within ten (10) days of the hearing. If the person's appeal
is upheld, the person shall have any items that were not disposed of in
accordance with subsection (E)(1)(b) of this section returned to the
person, and the person shall not be required to pay any impound fee.
c. The person who has filed an appeal shall be served with a copy of the
Hearing Officer's written decision in the manner prescribed by Section
1.08.080. The decision of the Hearing Officer shall be final as to the City
and take effect on the date it is signed by the Hearing Officer. The Hearing
Officer's decision shall be subject to judicial review pursuant to Cal. Code
Civ. Proc. Section 1094.5.
10-10
Ordinance No. 2024-
Page 5 of 6
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
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.
10-11
Ordinance No. 2024-
Page 6 of 6
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 12th day of March, 2024, and adopted on the 26th day of
March, 2024, by the following vote, to -wit:
AYES:
NAYS. -
ABSENT:
WILL O'NEILL, MAYOR
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
C,- - - # o�—
A ON C. HARP, CITY ATTORNEY
10-12
Attachment 6
Resolution No. 2024-18 (Impound Fees)
10-13
RESOLUTION NO. 2024- 18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, SETTING THE
AMOUNT OF IMPOUNDMENT FEES RELATED TO
UNAUTHORIZED USE OF PUBLIC PROPERTY FOR
COMMERCIAL PURPOSES AND AMENDING THE
SCHEDULE OF RENTS, FINES, AND FEES
WHEREAS, on March 12, 2024, the City Council of the City of Newport Beach
("City") introduced Ordinance No. 2024- 6 ("Ordinance") to amend Section 10.08.030
(Use of Public Property for Commercial Purposes) of the Newport Beach Municipal Code
("NBMC") by authorizing the impoundment of personal property used in violation of the
Ordinance;
WHEREAS, the enforcement and impoundment of personal property pursuant to
the Ordinance will result in additional administrative and overhead costs to the City;
WHEREAS, NBMC Section 3.36.010 (Findings) 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, NBMC Section 3.36.030(A) (Cost Recovery Percentages) provides
that the cost recovery percentage appropriate for each user service shall be one hundred
percent (100%), unless the amount is modified as set forth in Exhibit A to that Section;
WHEREAS, the City retained Clearsource Financial Consulting ("Consultant') to
prepare a cost -of -service study for the City to determine the cost to the City for
impoundment of personal property pursuant to the Ordinance;
WHEREAS, the Consultant prepared the cost -of -service study, a summary of the
results of which are attached hereto as Exhibit 1 and incorporated herein by this
reference; and
WHEREAS, the City Council desires to adopt an impound fee based on the cost -
of -service study prepared by the Consultant to cover the cost of impounding personal
property pursuant to the Ordinance.
10-14
Resolution No. 2024-
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby revises the Schedule of Rents, Fines, and
Fees ("SRFF"), in part, as set forth in Exhibit 2, attached hereto and incorporated herein
by reference. Except as explicitly revised by Exhibit 2, all other provisions of the SRFF
shall continue in full force and effect.
Section 2: Pursuant to Resolution No. 2021-21, a fee or charge may be
automatically adjusted for changes in the Consumer Price Index ("CPI") for only three (3)
consecutive years and shall not be adjusted for CPI until a cost study is conducted for
that fee or charge, except for rental rates which shall be subject to annual CPI
adjustments unless modified by a separate resolution. The first CPI adjustment to the fee
adopted by this resolution, as set forth in Exhibit 2, shall commence on July 1, 2025, and
be implemented in accordance with Resolution No. 2021-21.
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 4: 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.
Section 5: 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.
10-15
Resolution No. 2024-
Page 3 of 3
Section 6: This resolution shall take effect upon the effective date of the
Ordinance, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of March, 2024.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
" (, ff
ar n C. Harp
City Attorney
Attachment: Exhibit 1 - Cost of Service Analysis
Exhibit 2 - Amendment to the Schedule of Rents, Fines, and Fees
10-16
EXHIBIT 1
User and Regulatory Fees
Fee -Related Cost of Service Analysts
Unpermitted Commercial Useof Public Property Impounds
10-17
City of Newport Beach
Cost of Service Analysis
COST OF SERVICE - UNPERMITTED COMMERCIAL USE OF PUBLIC PROPERTY IMPOUNDS
PROPOSED FEES
10-18
City of Newport Beach
User and Regulatory Fee Study
Code Enforcement
Cost of Service Calculation - Unpermitted Commercial Use of Public Property Impounds
$155 1 $121 1 $149 [a]
ProposedCurrent
CodeEnf. PWTerh PW Crew Cost Proposed Cost
Fee Description Officer Aide Chief Tota •fficer Aide Chief Total Current Fee Recovery Fee Recovery
1 Unpermitted Commercial Use of Public Property 0.75 0.75 0.75 2.25 $116 $91 $112 $319 r�7-new 046 $319 100i5 n/a -new n/a -new
Impounds
[a] Fully -burdened hourly rates based on findings from City user and regulatory fee studies.
10-19
City of Newport Beach
BEFORE AND AFTER ILLUSTRATION - UNPERMITTED COMMERCIAL USE OF PUBLIC PROPERTY IMPOUNDS
Note
1 Uapermitted Commercial Use of Public Property Impounds n/a - new $30 n/a - new n/a - new 0/ 100/
4
10-20
Exhibit 2 - Amendment to the Schedule of Rents, Fines, and Fees - Unpermitted Commercial Use of Public Property Impounds
Current Charges Proposed Charges
Rounded down Fee @ Policy Level Adjustment From Previous Year Full CDst/M atket Value
SERVICE NAME DESCRIPTION Total or ease Fee Inceemental- iotel 81 base Fee Incremental- 7ota3 or Base Incremental REFERENCE TYPE Total or ease Incremental- CPI
Notes Implemenia[lon
(]fop plicable} (if applicable) Fee Fee (il applicable) bate
COMMUNITY DEVELOPMENT
Personal property impounded for
nd Fee violation of use of public property
for Commercial purposes
* Implementation date shall be the effective date of Ordinance
$ 319
n
M.C.20.08.030 COS -Fee 5319
CPI adjusted annually
Yes commencing on My *..
1,2025.
10-21
Attachment C
Resolution No. 2024-19 (Staffing)
10-22
RESOLUTION NO. 2024- 19
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING A PART-
TIME PUBLIC WORKS MAINTENANCE AIDE POSITION
TO THE PUBLIC WORKS DEPARTMENT, AND
UPGRADING A PART-TIME CODE ENFORCEMENT
OFFICER POSITION TO A FULL-TIME CODE
ENFORCEMENT OFFICER POSITION WITHIN THE
COMMUNITY DEVELOPMENT DEPARTMENT
WHEREAS, on March 12, 2024, the City Council of the City of Newport Beach
("City") introduced Ordinance No. 2024- 6 ("Ordinance") to amend Section 10.08.030
(Use of Public Property for Commercial Purposes) of the Newport Beach Municipal Code
by authorizing the impoundment of personal property used in violation of the Ordinance;
WHEREAS, the current staffing level of the Public Works Department is not
adequate to handle the receipt, inventory, storage, disposal, and cleaning requirements
associated with the impound requirements under the Ordinance in addition to their
existing daily operational duties;
WHEREAS, the current staffing level of the Community Development Department
is not adequate to handle the additional patrol, investigation, citation, and impoundment
responsibilities of enforcing the Ordinance in addition to the existing daily enforcement
responsibilities;
WHEREAS, City Charter Section 601 requires the City Council to provide the
number, titles, qualifications, powers, duties and compensation of all officers and
employees; and
WHEREAS, the City Council desires to add a part-time Maintenance Aide position
within the Public Works Department, and upgrade a part-time Code Enforcement Officer
position to a full-time Code Enforcement Officer position within the Community
Development Department, to meet the demand of the additional enforcement and
operational responsibilities under the Ordinance.
10-23
Resolution No. 2024-
Page 2 of 3
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: One part-time Public Works Maintenance Aide position shall be
added to the Public Works Department staffing structure, and one part-time Code
Enforcement Officer I position shall be upgraded to a full-time Code Enforcement Officer
I position within the Community Development Department staffing structure.
Section 2: The recitals provided in this resolution are true and correct and are
incorporated into the operative part of this resolution.
Section 3: 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.
Section 4: 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.
10-24
Resolution No. 2024-
Page 3 of 3
Section 5: 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 12th day of March, 2024.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown
City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
10-25
Attachment D
Budget Amendment No. 24-054
10-26
City of Newport Beach
U x n
BUDGET AMENDMENT
2023-24 BA#: 24-054
Department: Community Development
ONETIME: ❑ yes ❑ No
Requestor: Jaime Murrillo
Approvals
❑ CITY MANAGER'S APPROVAL ONLY
Finance Director: AIAWWW Date 212,10/21f
0 COUNCIL APPROVAL REQUIRED City Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditures for costs related to the Unpermitted Commercial Use of Public Property Impounds fee. 0 from existing budget appropriations
❑ from additional estimated revenues
❑� frcm unappropriated fund balance
REVENUES
Fund #
Org
Object
Project Description
Increase or (Decrease) $
Subtotal
$ -
EXPENDITURES
Fund #
Org
Object
Project Description
Increase or (Decrease) $
010
01050005
911016
CDD ADMIN - ROLLING EQUIPMENT
15,000.00
010
01050503
711001
CODE ENFORCEMENT- SALARIES MISCELLANEOUS
22,470.40
010
01050503
711003
CODE ENFORCEMENT - SALARIES PARTTIME
(21,137.44)
010
01050503
721001
CODE ENFORCEMENT- CAFETERIA ALLOWANCE FT
6,948.92
010
01050503
727016
CODE ENFORCEMENT- MEDICARE FRINGES
120.09
010
01050503
722001
CODE ENFORCEMENT- PENSION EL NORMAL COST MISC
99.97
010
01050503
724001
CODE ENFORCEMENT- PENSION EE CONTRIB MISC
(153.29)
010
01050503
723002
CODE ENFORCEMENT - PENSION ER NORMAL COST MISC
143.29
010
01050503
727020
CODE ENFORCEMENT- DEFERRED COMP CITY CONTRIB
110.77
O10
01050503
727013
CODE ENFORCEMENT- EMP ASSISTANCE PROGRAM
368.51
010
01050503
727012
CODE ENFORCEMENT- LIFE INSURANCE
1,966.16
010
01050503
727004
CODE ENFORCEMENT- RHS $2.S0 CONTRIBUT4ON
224.70
010
0108061
711003
STREETS/ASPHALT-SALARIES PART TIME
9,793.67
010
0108061
727016
STREETS/ASPHALT- MEDICARE FRINGES
141.86
010
0108061
722001
STREETS/ASPHALT - PENSION EL NORMAL COST MISC
733.78
010
0108061
724001
STREETS/ASPHALT- PENSION EE CONTRIB MISC
(1,125.12)
010
0108061
723002
STREETS/ASPHALT- PENSION ER NORMAL COST MISC
1,051,74
Subtotal
$ 36,748.02
FUND BALANCE
Fund #
Object
Description
Increase or (Decrease) $
010
300000
GENERAL FUND
-FUND BALANCE CONTROL
(36,748.02)
Subtotal
$ (36,748.02)
Fund Balance Change Required
10-27
Attachment E
Redlines to NBMC Chapter 10.08
10-28
10.08.030 Use of Public Property for Commercial Purposes.
A. Except as otherwise provided in this section, no person shall use any public right-
of-way or parkway or other public property for the purpose of storing or displaying any
equipment, goods, materials or merchandise, or any other commercial purpose.
B. Public rights -of -way or parkways may be used for the purpose of selling, storing,
or displaying any equipment, material, merchandise or for other commercial purposes in
the following cases:
1. For the transmission of water, sewer, gas, electricity, television, radio signals or
similar substances or activity pursuant to a franchise granted by the City Council
in accordance with the City Charter, City ordinance or State law;
2. For displaying newspapers and periodicals for sale., subject to compliance with
the provisions of Chapter 5.70;
3. For the temporary storage of construction equipment or material provided a
permit is issued pursuant to Chapter 12.62 and the storage is consistent with
provisions of the Uniform Building Code;
4. For the temporary display and sale of goods an -door merchandise by an
association of businesses adjoining any street or sidewalk., provided a permit is
issued pursuant to Chapter 12.62 and the sale is consistent with Council
Ppolicy;
5. For the temporary sale or display of goods or merchandise in conjunction with
a special event for which a permit has been issued by the City Manager pursuant
to Chapter 11.03 of this Code and the City Council has approved a resolution of
street closure pursuant to the authorization granted by the Cal. Veh. Code;
6. For the conduct of special celebrations, sporting events or similar activities
involving a nonprofit corporation, nonprofit association, community organization
or similar entity., provided a permit has been+s issued by the City Manager
pursuant to Chapter 11.03 of this Code, the City Council has adopted a street
closure resolution pursuant to the authority granted by the Cal. Veh. Code and,
the event, celebration or activity is consistent with Council Policy;
7. For sidewalk dining subject to the provisions of Chapter 13.18;
8. For sidewalk vendors in compliance with Chapter 5.97-,--of
ohapter.
10-29
C. Sales, events, celebrations, or other activities authorized by this section shall be
conducted in strict compliance with the following:
1. In no event shall any public right-of-way closure prohibit members of the public
from accessing any business or residence;
2. The commercial activity authorized by subsection (B)(4) of this section shall be
permitted no more than twice per calendar year;
3. The commercial activity authorized in subsections (B)(4) and (5) of this section
shall not be permitted in any residential zoning district;
4. Sales or events requiring street closures shall be limited to seven LThdays or
less;
5. The event sponsor may charge members of the public for access to the event
or celebration, but the sponsor shall utilize a procedure which allows members
of the public, without fee or charge, to access any property or structure within
the area impacted by the closure;
6. The sponsor of the event shall provide, at the sponsor's sole cost and expense,
all security personnel and traffic control equipment required by the City
Manager;
7. The sponsor of the celebration or event shall provide insurance, which types
and amounts shall be determined by the Risk Manager.
D. The sponsor of any event, sale or celebration authorized by this section shall
comply with all conditions imposed by the City Council, or City Manager pursuant to
resolution or permit.
E. If any person violates this section, the City may impound the person's equipment,
goods, materials, merchandise and property. The City may also impound these items if it
reasonably appears a person abandoned these items on public property.
1. The impoundment may be done by any City employee authorized to enforce this
section.
a. At the time of impoundment from a person, the City employee shall issue a
receipt to the person that includes the date and time of the impoundment, a
description of the items seized, instructions on how to reclaim the
impounded items, and the process to appeal the impoundment.
b. The City may immediately dispose of impounded goods or materials that
cannot be safely stored or that are perishable.
10-30
c. The person may recover the impounded items after thirty (30) days if the
Person pays an impound fee, if any, along with showing proper proof of
ownership.
d. If the items are not reclaimed after sixty (60) days from impoundment, the
impounded items will be deemed abandoned and forfeited to the City. The
abandoned items may be disposed of at the City's sole discretion.
e. The Citv Council may by resolution adoat impound fees. which shall reflect
the City's enforcement, investigation, storage, and impound costs.
2. Any person who has equipment, goods, materials, merchandise or property
impounded under this section shall have the riaht to file a reauest for an
administrative hearing to appeal the impoundment.
a. An appeal shall be filed with the City's Finance Department, in writing, on
forms provided by the department within ten (10) days from the date of
impoundment.
b. The provisions related to Hearing Officers set forth in Section 1.05.070 of
Chapter 1.05 of this Code shall apply. The person requesting the hearing
shall be notified of the time and place set for the hearing at least ten (10)
days prior to the date of the hearing. After considering all the testimony
evidence submitted at the hearing, the Hearing Officer shall issue a written
decision within ten (10) days of the hearing. If the person's appeal is upheld,
the person shall have any items that were not disposed of in accordance
with subsection (E)(1)(b) of this section returned to the Derson. and the
person shall not be required to pay any impound fee.
c. The person who has filed an appeal shall be served with a copy of the
Hearing Officer's written decision in the manner prescribed by Section
1.08.080. The decision of the Hearing Officer shall be final as to the City
and take effect on the date it is sianed by the Hearina Officer. The Hearina
Officer's decision shall be subject to judicial review pursuant to Cal. Code
Civ. Proc. Section 1094.5.
10-31