HomeMy WebLinkAbout97-8 - Adding Chapter 3.36 Pertaining to the Recovery of Costs for the Performance of Certain Municipal ServicesORDINANCE NO. 97- 8
• AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH ADDING CHAPTER
3.36 PERTAINING TO THE RECOVERY OF COSTS
FOR THE PERFORMANCE OF CERTAIN
MUNICIPAL SERVICES
The City Council of the City of Newport Beach does hereby
ordain as follows:
Section 1. Chapter 3.36 is hereby added to the Newport Beach
Municipal Code to read as follows:
CHAPTER 3.36
COST RECOVERY FOR USER SERVICES
• SECTIONS:
3.36.010
FINDINGS
3.36.020
DEFINITIONS
3.36.030
COST RECOVERY PERCENTAGE
3.36.040
LATE FEES AND CHARGES
3.36.010 FINDINGS. The City Council of the City of Newport
Beach finds as follows:
A. The City of Newport Beach funds certain municipal services
such as fire, police and residential trash collection using primarily property,
sales and other tax revenues. These municipal services are typically
performed without request by the user, benefit the public generally, and are
traditionally funded by tax revenue.
• B. The City performs other services and offers certain programs
which are funded in whole or in part by the person or entity requesting the
Ord. 97 -8
service or participating in the program. These services and programs are
• typically initiated by an application submitted by the person requesting the
service or program participation, primarily benefit the person requesting the
service or participation, and are traditionally funded in whole or in part from
fees charged to the person who initiates the services.
C. The City Council has retained KPMG Peat Marwick (KPMG)
to conduct three studies. KPMG has conducted the three studies. The first
study (Cost Allocation Study) determined the general city and departmental
overhead rates to be used in calculating the cost of City Services. The
second study (Cost of Services Study) determined the costs of providing
certain City Services by, among other things, identifying the City employees
performing the service and the amount of time spent in performing the
service. The third study (Performance Benchmarking Study) compared the
time spent by City employees in performing these services with the time
spent by employees of both public and private agencies to perform the
same services. The City Council has thoroughly reviewed and considered
the three KPMG studies prior to adopting this Ordinance.
D. The Finance Committee of the City Council has conducted
four public meetings to discuss the three KPMG studies, the factors
relevant to the appropriate cost recovery percentage for the services
identified in this ordinance, and to receive public input on the issues. The
• Finance Committee has submitted recommendations to the City Council
regarding the appropriate cost recovery percentage and those
recommendations have been reviewed and considered by the City. Council
prior to adopting this Ordinance.
E. The City Council has fully complied with provisions of State
and local law in establishing the cost recovery percentages specified in this
ordinance, including, Section 66000 et. seq. of the Government Code, and
Articles XIIIC and XIIIB of the State Constitution.
3.36.020 DEFINITIONS
For purposes of this Chapter, the following definitions shall apply:
A. "Actual Cost' shall mean the estimated cost to the City of
providing a User Service to a User as initially determined by analysis of the
Cost Factors in the KPMG studies and as modified from time to time in
accordance with changes in Cost Factors.
B. "Cost Recovery Percentage" means the percentage of the
• Actual Cost to the City of providing a User Service that the City Council
determines should be recovered from the User.
Ord. 97 -8
• C. "Cost Factors" shall mean the various factors identified in the
KPMG studies relevant to the calculation of the Actual Cost to the City of
providing User Services to a User.
D. "Fee Resolution" shall mean the Resolution adopted by the
City Council pursuant to this Ordinance which establishes the fees and
charges for User Services.
E. "KPMG Studies" shall mean the three KPMG studies
described In Section 3.36.010D.
F. "Uses' means the person or entity who requests, by filing an
application or otherwise, City performance of, or User's participation in, a
User Service.
G. "User Services" shall mean the services or programs
identified in Exhibit "A" and which are funded, in whole or in part, by fees
or charges imposed on the User of the service.
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 Exhibit "A ". The Cost Recovery Percentage appropriate for each User
Service is established in accordance with the percentage specified in
Exhibit "A ".
B. The City Council shall establish, pursuant to the Fee
Resolution, the actual fee or charge for each User Service described in
Exhibit "A ". The fee or charge shall be based upon the Actual Cost of
providing the User Service multiplied by the relevant Cost Recovery
Percentage. The Fee Resolution shall specify the Actual Cost of each User
Service and the relevant Cost Recovery Percentage.
C. The City Council may, without amending this Ordinance,
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.
•
Ord. 97 -8
D. The City Council may modify the municipal functions
• determined to be User Services and /or the Cost Recovery Percentage for
any service only by amending this Ordinance.
3.36.040 LATE FEES AND CHARGES
Notwithstanding any other provision of this Code, the City Council
shall establish, in the Fee Resolution, late fees and interest to be paid by
any User of User Services who fails to make payments when required by
this Code or any resolution, policy, or program adopted by the City Council.
To the maximum extent practical, the late fees and interest shall be uniform
for all User Fees.
Section 2: That 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, clause or phrase hereof, irrespective of the fact that any one or
more sections, sub - sections, sentences, clauses and phrases be declared
unconstitutional.
•
Section 3: The Mayor shall sign and the City Clerk shall attest to
the passage of this Ordinance. The City Clerk shall cause the same to be
published once in the official newspaper within fifteen (15) 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 27th day of
January 1997, and adopted on the 10th day of
February 1997, by the following vote, to -wit:
AYES, O'NEIL, THOMSON, EDWARDS, HEDGES
COUNCILMEMBERS GLOVER, NOYES, DEBAY
•
NOES, COUNCILMEMBERS NONE
ABSENT, COUNCILMEMBERS NONE
• MAYOR
ATTEST:
CITY CLERK
F:\catUwmham \ %m u nisrv.doc
• 01 -21 -97
Ord. 97 -8
The City's Cost of providing the following services
shall be recovered through direct fees charged for
• the services in the percentages indicated.
Percentage of Cost
to be Recovered
Service From Direct Fees
City Clerk
Muni. Code Suphnnt. Sales; Pd. Subscribers 100%
Community Development
Building
Plan Check Fees 1
100%
Plan Check Fees - Grading 7
71%
Permits and Inspection 1
100%
Microfilming 9
98%
Preliminary Plan Review 4
45%
Special Inspector Licenses 1
100%
Special Inspector Test Administration 1
100%
Development Review Fee 0
0%
Residential Building Record 7
79%
Planning
Modification Permit 100%
Use Permit 100%
Variance 100%
Zoning Amendment 100%
Site Plan Review 80%
PRD Use Permit 100%
PRD UP Amendment 100%
Planned Community Application 100%
Planned Community Amendment 100%
Sign Exceptions 100%
Resubdivision 100%
Tentative Map 100%
Offsite Parking 100%
Approval in Concept 100%
Appeals to Planning Commission 67%
Appeals to City Council 74%
Special Food Permit 25%
Coastal Residential Development Permit 100%
Condo Conversion 100%
Counter Plan Check 100%
Plan Check 50%
• Am Radio Antenna /Sat. Dish Permits 0%
Environmental Documents 50%
Traffic Study 100%
12:00 PM2/5/97 Exhibit A
12:00 PM2/5/97 Exhibit A
•
C J
•
Service
General Plan Amendment, Minor
General Plan Amendment, Major
Development Agreement
Christmas Tree Lots
Temporary Uses
Accessory Outdoor Dining
Planning Director's Approval
Director's Use Permit
Community Services
Arts and Cultural Services
Newport Beach Juried Art Show
Orange County Juried Art Show
Adult Sports
Volleyball
Tennis Round Robin
Field /Facility Rentals
Adult Sports Teams (Softball &
Aquatics
Youth Sports
Youth Sports - Football
Youth Sports - Basketball
Pee Wee Basketball
Youth Sports -Track and Field
Registration and Contract Classes
Special Events
Balboa Arts Festival
Surf Contest
Special Event Permits
CDM 5K Run
Rose Parade
Senior Services
Transportation
Senior Recreation Classes
Social Services (Assessment Services)
Supportive Counseling
Information and Referral
Oasis Special Events
Telephone Reassurance
12:00 PM2/5/97
Percentage of Cost
to be Recovered
From Direct Fees
100%
100%
100% of fully loaded cost of Legal Staff Time.
100%
100%
100%
100%
100%
100%
100%
85%
85%
85%
85%
85%
85%
85%
85%
85%
85%
55%
85%
36%
85%
85%
30%
85%
0%
0%
0%
0%
0%
Exhibit A
•
L J
•
Service
Library Services
Video Rental
Best Sellers - Rental
Books on Cassette
Fire and Marine
Emergency Operations Services (1995)
Advanced Life Support - Escorted
Advanced Life Support - Not - Escorted
Basic Life Support - Escorted
Basic Life Support - Not Escorted
Construction and Inspection Services
Construction Plan Check Services
Construction Inspection Services
Pier Construction Permits - New
Pier Construction Permits - Revisions
Pier Construction Permits - Maintenance
Pier Construction Permits - Dredging
Fire Safety Inspection Services
Fire Safety Inspection Services - Hospital
Fire Safety Inspection Services - High Rise
Hazardous Materials Disclosure
Weed Abatement
Special Hazards Tank Removal /Install
Spcl. Hzrds. -HM Piping, Tents, Canopies
Services Request - Special Events
Project Consultation Services
Safety Inspection Complaints
Marine Environment Services
Junior Lifeguard Program
Marine Preserve
Marine Services
Pier Construction Permits - Transfer
Liveaboards
12:00 PM2/5/97
Percentage of Cost
to be Recovered
From Direct Fees
100%
88%
47%
69%
69%
65%
65%
100%
100%
100%
100%
I 100%
100%
100%
100%
100%
100%
100%
51'%
50%
100%
100%
0%
100%
15%
100%
100%
100%
Exhibit A
Percentage of Cost
to be Recovered
• Service From Direct Fees
General Services
Administration
Recycling Program 100%
Street Trees
Right of Way Requests 100% of Contractor cost to City
Operations
Traffic Signs 100%
Police
Administration
Civil Subpoena 100% of salary plus benefits and travel costs
Initial Concealed Weapons Permit Maximum Permitted by Law
Concealed Weapon Permit Renewal Maximum Permitted by Law
Environmental Service Billing 100%
Support Services
Bike Licenses
17%
Finger Printing
100%
Arrest Reports
•
Maximum Permitted by Law
Crime Reports
Maximum Permitted by Law
Traffic Collision Reports
Maximum Permitted by Law
Photographs
100%
Video
100%
Audios
100%
Polaroids
100%
Clearance Letters
100%
Jail Booking Fees
100%
Vehicle Release /Post Storage Tow Hearing
100%
Subpoena Duces Tecum
Maximum permitted by Law
Patrol
Emergency Response Billing 100%
Detective
Domestic Violence Reports 0%
Missing Persons Report 0%
Substance Abuse Program 100%
Massage License 100%
• Traffic
Fatal Traffic Collision Investigation 0%
12:00 PM2/5/97 Exhibit A
•
Service
Percentage of Cost
to be Recovered
From Direct Fees
12:00 PM2 /5/97 Exhibit A
Public Works
Engineering
Final Tract Map
100%
Final Parcel Map Checking
100%
Encroach. Prmt. w/o Traffic Engr. Review
88%
Encroach Prmt. w/ Traffic Engr. Review
57%
Lot Line Adjustment Checking Fee
100%
Easement Deed Resrch., Revw. /Processing
100%
Document Recordation Fee
100%
Certificate of Compliance Review
100%
Strt. Easement and Vacation Prcessg. Fee
100%
Covenant Agrinnt. Research & Rvw. Fee
100%
Subdivision Plan Check
100%
Encroachment & Eng. Agreement Prep
100%
Grading Plan Review
0% (Contained in Plan Check)
Pre - Permit Review
0% (Contained in Plan Check)
•
Landscape Plan Reviews
0% (Contained in Plan Check)
Administrative Services
Revenue
Animal Traps
100%
Misc. Animal Inspec. Svcs. (Pet Shop, Pig,
100%
Kennel, & Wild Animal Inspections)
Dog License
No change to current fee.
Animal Bite Reports
Legally permitted cost of copies only.
Second Hand Dealer Permits
100%
Taxi Permits
100%
Towing Permits
100%
Fire Arms Sales - Retail Permit
100%
Street Closure Permit
100%
News Rack Permits
100%
Adult Oriented Business Permits
100%
Escort Service Permit
100%
Live Entrtmmnt. and Dance
100%
Short Term lodging Permits
0%
Marine Charter Permits
100%
•
12:00 PM2 /5/97 Exhibit A
•
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 97 -8 was duly and regularly introduced before and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th
day of February, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 11th day of February, 1997.
PO,T
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) as.
CITY OF NEWPORT BEACH )
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -8 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 daily newspaper
of general circulation on the following date, to wit: February 18, 1997.
In witness whereof, I have hereunto subscribed my name this 24th day of
February , 1997.
cV 8714, & &A,
a-!'CSC ,
City Clerk of the City of
Newport Beach, California