HomeMy WebLinkAbout2024-18 - Setting the Amount of Impoundment Fees Related to Unauthorized Use of Public Property for Commercial Purposes and Amending the Schedule of Rents, Fines, and FeesRESOLUTION 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. 2024-5 ("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.
Resolution No. 2024-18
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.
Resolution No. 2024-18
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 U
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
ar n C. Harp
City Attorney
Attachment: Exhibit 1 - Cost of Service Analysis
Exhibit 2 - Amendment to the Schedule of Rents, Fines, and Fees
EXHIBIT 1
User and Regulatory Fees
Fee -Related Cost of Service Analysis
Unpermitted Commercial Use of Public Property Impounds
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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; the foregoing resolution, being Resolution
No. 2024-18 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 12th day of March, 2024; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery,
Councilmember Noah Blom, Councilmember Robyn Grant, Councilmember
Lauren Kleiman, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 1 Th day of March, 2024.
Leilani I. Brown I
City Clerk
Newport Beach, California