Loading...
HomeMy WebLinkAbout18 - Master Fee Schedule & Change in SubsidiesCITY OF Q aEW PORT , B U Ohiom = NEWPORT EACH M c9C,cORN�P City Council. Staff Report Agenda Item No. 18 November 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Finance Department Dan Matusiewicz, Finance Director 949 - 644 -3123, dmatusiewicz @newportbeachca.gov PREPARED BY: Evelyn Tseng, Revenue Manager APPROVED:! TITLE: Approval of Master Fee Schedule (Cost of Services portion) and Change in Subsidies ABSTRACT: Staff requests that City Council introduce an ordinance amending Newport Beach Municipal Code ( "Municipal Code') Section 3.36.030 (increasing cost -of- services percentage recovery for Junior Guard and adding a $0 fee for City Council, Board, Commission, or Committee appeal from a lower body or official) and conducting a second hearing to amend Municipal Code Sections 5.04.210 and 12.68.040 (correcting Municipal Code to reflect the adoption of Council's previously approved fee adoption). RECOMMENDATION: Staff recommends that City Council: 1. Conduct a public hearing; 2. Introduce Ordinance No. 2013- 18 (Exhibit "A "), amending Municipal Code Section 3.36.030; 3. Conduct second reading and adopt Ordinance No. 2013 -19, amending Municipal Code Sections 5.04.210 and 12.68.040. FUNDING REQUIREMENTS: There is no expenditure of funds related to this item Approval of Master Fee Schedule (Cost of Services portion) and Change in Subsidies November 12, 2013 Page 2 DISCUSSION: The City Council approved the master fee schedule and change in subsidies on October 22, 2013. Staff is re- submitting an amendment to Municipal Code Section 3.36.030 to allow the City Council or any Board, Commission, or Committee, or any individual member of such Council, Board, Commission or Committee, to appeal or review a determination from a lower body or hearing official without cost. The City has a long- standing policy of not charging members of the City Council, Boards, Commissions or Committees for such appeals, and this change is meant to eliminate any confusion related to said policy and restate /codify existing policy The previous legislative draft for Municipal Code Section 12.68.040 did not properly show the new insertion. Staff has corrected the legislative draft in Exhibit "C ". 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 Section 66018(a) (two publications with at least five days intervening between the two dates), Government Code Section 66016(a) (notice mailed at least 14 days prior to the meeting to any interested party who files a written request) (mailed notice to the Building Industry Association of Southern California on October 8, 2013), and the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by Attachments: A. Exhibit "A" — Ordinance amending Municipal Code Section 3.36.030 B. Exhibit "B" — Municipal Code Section 3.36.030 Legislative Draft C. Exhibit "C" — Municipal Code Section 12.68.040 Legislative Draft (showing correct redline) D. Exhibit "D" — Ordinance amending Municipal Code Sections 5.04.210 and 12.68.040 2 Exhibit "A" — Ordinance amending Municipal Code Section 3.36.030 ORDINANCE NO. 2013 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3.36.030 OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, the City of Newport Beach ( "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; and WHEREAS, the City performs other services which are funded in whole or in part by the person requesting the service; and WHEREAS, Newport Beach Municipal Code ( "Municipal Code ") Section 3.36.030(E), Exhibit "A ", provides that the City's cost of providing Newport Beach Fire Department ( "NBFD ") services shall be recovered through direct fees charged for services in the percentages or dollar amounts indicated: Fire and Marine Emergency Operations Services Advanced Life Support— Escorted Up to 80% Advanced Life Support —Not Escorted Up to 80% Basic Life Support— Escorted Up to 80% Basic Life Support—Not Escorted Up to 80% Construction and Inspection Services - State- Mandated Inspections Day Care Facilities 25% WHEREAS, Section 3.36.030(D) provides that City Council may modify the cost recovery percentage for any service by amending Municipal Code Chapter 3.36; and WHEREAS, Newport Beach residents have historically received a 15% discount from the cost of the Junior Guard registration fee, and the City Council now desires to identify this resident fee in Section 3.36, Exhibit "A "; and 4 WHEREAS, the City commissioned MGT of America, Inc. to prepare a cost of services study for NBFD services, which found that the cost of the Junior Guard Program has increased; and WHEREAS, City Council desires to maintain the resident fees close to the current level to encourage residents to participate in a valued community benefit, and therefore, the cost recovery percentages must be modified accordingly to maintain the current fees; and WHEREAS, as a matter of public policy, the City desires to add a City Council, Board, Commission, Committee appeal fee of $0 to Section 3.36.30, Exhibit "A ", to be applied to any previously filed appeals, pending appeals and future appeals. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 3.36.30E of the Newport Beach Municipal Code is hereby amended to read as follows: Fees for service established in the fee resolution may be waived by the City Council. The City Manager may waive fees imposed on non - profit organizations for non -profit sponsored events in an amount not to exceed one thousand dollars ($1,000.00) per year. SECTION 2: Section 3.36.030, Exhibit "A ", of the Newport Beach Municipal Code 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 in the percentages or dollar amounts indicated. Service Percentage of Cost or Amount to be Recovered from Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% 3 Service Percentage of Cost or Amount to be Recovered from Direct Fees Appeals to Planning Commission 150% Recreation and Senior Services 1 Adult Sports 1 Adult Sports 162% Adult Drop -In Sports 115% Rentals 150% Badge Replacement 145% After School /Camp Programs 1 Camps 140% After- School/Teen Program 20% Pre - School Program 40% Aquatics 20% Contract Classes 60% Class Refunds $74 or less 29% S75 or more 59% Youth Sports 25% Special Events — Levels 1, 2, and 3 Resident Up to 45% Non - Resident Up to 85% Appeal to City Council 25% Senior Services Oasis Transportation 5% Service Percentage of Cost or Amount to be Recovered from Direct Fees Contract Classes 150% Oasis Rentals 45% Fitness Center 50% Marine Environment Services— Marine Preserve Tours 15% Library Services Meeting Room Rentals 1% Rentals — Materials 20% Inter - Library Loan 10% Fire and Marine Emergency Operations Services Advanced Life Support— Escorted Up to 80% Advanced Life Support—Not Escorted Up to 80% Basic Life Support— Escorted Up to 80% Basic Life Support—Not Escorted Up to 80% State - Mandated Inspections Day Care Facilities 25% Marine Junior Guards-Resident 82.1% Police Initial Concealed Weapons Permit Maximum Permitted by Law Service Percentage of Cost or Amount to be Recovered from Direct Fees Concealed Weapon Permit Renewal Maximum Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum Permitted by Law Vehicle Release 91% Domestic Violence Reports 0% Missing Persons Report 0% Second Hand /Pawn Dealer Tag Check 0% Registrant —Sex 0% Registrant— Narcotics 0% Public Works Engineering Encroachment Permit without Traffic Engineer Review 88% Encroachment Permit with Traffic Engineer Review 57% Appeal of Lease/Permit under Section 17.60.080 I$100 Finance Parking Reviews 0% Parking Hearings IO% Admin. Cite Hearings IO° /, Municipal Operations I SECTION 3: The amendment to Section 3.36.30, Exhibit "A," adding a City Council, Board, Commission, Committee appeal fee of $0 shall be applied to any previously filed appeals, pending appeals and future appeals. The adoption of this provision is intended to be a restatement and codification of a long- standing City policy and practice. SECTION 4: 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, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The City Council finds that 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 1.5060(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. SECTION 6: 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 of the City, and it shall be effective thirty (30) days after its adoption. Percentage of Cost or Amount to be Recovered from Service Direct Fees Construction Water Meter 30% Establishment City Council, Board, Commission, Committee or any individual member thereof when acting within the scope of their official duties Appeal or Review from a lower body $0 or official SECTION 3: The amendment to Section 3.36.30, Exhibit "A," adding a City Council, Board, Commission, Committee appeal fee of $0 shall be applied to any previously filed appeals, pending appeals and future appeals. The adoption of this provision is intended to be a restatement and codification of a long- standing City policy and practice. SECTION 4: 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, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 5: The City Council finds that 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 1.5060(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. SECTION 6: 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 of the City, and it shall be effective thirty (30) 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 th day of November, 2013, and adopted on the -th day of November, 2013, by the following vote, to wit: AYES, COUNCILMEMB NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS Keith D. Curry, Mayor ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE M Aaron C. Harp, City Attorney 10 Exhibit "B" — Municipal Code Section 3.36.030 Legislative Draft 11 LEGISLATIVE DRAFT A. Chapter 3.36 COST RECOVERY FOR USER SERVICES Sections: 3.36.010 Findings. 3.36.020 Definitions. 3.36.030 Cost Recovery Percentages. 3.36.040 Late Fees and Charges. 3.36.050 Severabilily. 3.36.010 Findings. The City Council of the City of Newport Beach finds as follows: A. The City 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 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 consultants to conduct cost allocation plan and cost of services studies. Cost allocation studies determine the general City and departmental overhead rates to be used in calculating the cost of City services. Cost of services studies determine 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 City Council has thoroughly reviewed and considered the studies prior to adopting the ordinance codified in this chapter. In order to ensure that fees charged for services are an accurate reflection of actual costs, the City Council finds that cost studies should be conducted at least every five years. D. The Finance Committee of the City Council has conducted public meetings to discuss the cost allocation plan and cost of services studies, the factors relevant to the appropriate cost recovery percentage for the services studied, 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 the ordinance codified in this chapter. 12 E. The City Council has fully complied with provisions of State and local law in establishing the cost recovery percentages specified in this chapter, including, Section 66000 at seq. of the Government Code, and Articles XIIIC and XIIIB of the State Constitution. (Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 97 -8 § 1 (part), 1997) 3.36.020 Definitions. For purposes of this chapter, the following definitions shall apply: "Actual cost" means 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 studies and as modified from time to time in accordance with changes in cost factors. "Cost factors" means the various factors identified in the studies relevant to the calculation of the actual cost to the City of providing user services to a user. "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. °Cost studies" means the Cost of Services and Cost Allocation Studies conducted by the Citys consultant(s). "Fee resolution" means the resolution adopted by the City Council pursuant to'this chapter which establishes the fees and charges for user services. "User" means the person or entity who requests, by filing an application or otherwise, City performance of, or user's participation in, a user service. "User services" means the services or programs identified in the cost studies and which are funded, in whole or in part, by fees or charges imposed on the user of the service. (Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 97 -8 § 1 (part), 1997) 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 the fee resolution. The cost recovery percentage appropriate for each user service shall be one hundred (100) percent with the exception of the user services listed in Exhibit "A" and those services for which the fee is limited by statute. The City Council may include in the fee resolution a schedule to phase in specific fee increases over a period not to exceed four years. B. The City Council shall establish, pursuant to the fee resolution, the actual fee or charge for each user service described in the fee resolution. The fee or charge shall be based upon the actual cost of providing the user service, multiplied by the relevant cost recovery percentage. 13 C. The City Council may, without amending this chapter, 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. D. The City Council may modify the municipal functions determined to be user services in the fee resolution and the cost recovery percentage for any service only by amending this chapter. E. Fees for service established in the fee resolution may not-be waived by the without PF40FCity Council. The City Manager may waive fees imposed on non - profit organizations for non- profit sponsored events in an amount not to exceed one thousand dollars ($1,000.00) per year. Exhibit A The City's cost of providing the following services shall be recovered through direct fees charged for services in the percentages or dollar amounts indicated. Service Percentage of Cost or Amount to Be Recovered from Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% Appeals to Planning Commission 50% Recreation and Senior Services Adult Sports Adult Sports 62% Adult Drop -In Sports 15% Rentals 50% Badge Replacement 45% After School /Camp Programs Camps 40% After- School/Teen Program 200 14 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Pre - School Program 40% Aquatics 20% Contract Classes 60% Class Refunds $74 or less 29% $75 or more 59% Youth Sports 125% Special Events — Levels 1, 2, and 3 Resident Up to 45% Non - Resident Up to 85% Appeal to City Council 25% Senior Services Oasis Transportation 5% Contract Classes 50% Oasis Rentals 45% Fitness Center 50% Marine Environment Services— Marine Preserve Tours Library Services 15% Meeting Room Rentals 1% Rentals — Materials 20% Inter- Library Loan 10% Fire and Marine Emergency Operations Services 15 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Advanced Life Support— Escorted Up to 80% Advanced Life Support—Not Escorted Up to 80% Basic Life Support— Escorted Up to 80% Basic Life Support—Not Escorted Up to 80% Construction and Inspection Services—State-Mandated Inspections Day Care Facilities 25% Marine Junior Guards – Resident 82.1% Police Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Renewal Maximum Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum Permitted by Law Vehicle Release 91% Domestic Violence Reports 0% Missing Persons Report 0% Second Hand /Pawn Dealer Tag Check 0% Registrant —Sex 0% 16 (Ord. 2013 -1 § 1, 2013; Ord. 2011 -28 § 1, 2011; Ord. 2011 -10 § 1, 2011; Ord. 2009 -32 § 1 (Exh. A), 2010; Ord. 2009 -21 § 1 (Att. 1), 2009; Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 2004 -4 § 3, 2004; Ord. 2002 -26 Exh. A, 2002; Ord. 2000 -24 § 1, 2000; Ord. 98 -18 § 1, 1998; Ord. 97 -8 §§ 1 (part), 2, 1997) 3.36.040 Late Fees and Charges. 17 Percentage of Cost or Amount to Be Recovered from Service Direct Fees Registrant — Narcotics Doha Public Works Engineering Encroachment Permit without Traffic 88% Engineer Review Encroachment Permit with Traffic 57% Engineer Review Appeal of Lease /Permit under $100 Section 17.60.080 Finance Parking Reviews 0% Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water Meter 30% Establishment City Council, Board, Commission, Committee or any individual member thereof when acting within the scope of their official duties Appeal or Review from a lower body $0 or official (Ord. 2013 -1 § 1, 2013; Ord. 2011 -28 § 1, 2011; Ord. 2011 -10 § 1, 2011; Ord. 2009 -32 § 1 (Exh. A), 2010; Ord. 2009 -21 § 1 (Att. 1), 2009; Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 2004 -4 § 3, 2004; Ord. 2002 -26 Exh. A, 2002; Ord. 2000 -24 § 1, 2000; Ord. 98 -18 § 1, 1998; Ord. 97 -8 §§ 1 (part), 2, 1997) 3.36.040 Late Fees and Charges. 17 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. (Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 97 -8 § 1 (part), 1997) 3.36.050 Severability. If any section, subsection, sentence, clause or phrase of this chapter 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 chapter. The City Council declares that it would have passed the ordinance codified in this chapter and each section, subsection, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 97 -8 § 2, 1997) is Exhibit "C" — Municipal Code Section 12.68.040 Legislative Draft (showing correct redline) 19 LEGISLATIVE DRAFT 12.68.040 Preferential Parking Privileges — Issuance of Permits. A. Issuing Authority. The Finance Director shall issue permits for preferential parking. Applicants for such permits may be required to present such proof as may be required by the Finance Director, of residence adjacent to the area designated as a preferential parking zone. Any combination of permanent and visitor permits, up to a total of three per unit, shall be issued for each qualified dwelling unit to any qualified applicant B. Fees. The Finance Director shall collect a fee set forth by resolution of the City Council of tan - deUars ($48:99) -for each permit issued pursuant to this section, whether permanent or visitor C. Duration of Permits. Permits issued pursuant to this section shall remain effective for one year, commencing January 1st and ending December 31st, or fraction thereof, or until the preferential parking zone for which such permit was issued was eliminated, whichever period of time is less. Notwithstanding the foregoing, permits issued to residents for the year 1981 shall be valid during 1982 without additional cost. D. Conditions of Permits. Each permit issued pursuant to this section shall be subject to all the conditions and restrictions set forth in this chapter and of the preferential parking zone for which it was issued, including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be construed to be a permit for or approval for any violation of any provision of this Code or any other law or regulation. (Ord. 84 -25 § 1, 1984: Ord. 1897 § 1, 1982; Ord. 1883 § 1 (part), 1981). 20 Exhibit "D" — Ordinance amending Municipal Code Sections 5.04.210 and 12.68.040 21 ORDINANCE NO. 2013 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 5.04.210 AND 12.68.040 WHEREAS, fees for business license location changes and preferential parking permits are cost -of- services fees identified in the Master Fee Schedule, which updates are approved by the City Council; and WHEREAS, Newport Beach Municipal Code ( "Municipal Code ") Section 5.04.210 provides for a fee of ten dollars ($10.00) to be collected from a business license holder in order to change the location of the business; and WHEREAS, Municipal Code Section 12.68.040 provides for fee of ten dollars ($10.00) to be collected prior to the issuance of each Preferential Parking permit; and WHEREAS, City Council now desires to update and amend Municipal Code Sections 5.04.210 and 12.68.040 to reflect the cost of those services, as updated by the Master Fee Schedule. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 5.04.210 (License Nontransferable) is hereby amended to read as follows: 5.04.210 License Nontransferable. Each license granted or issued under any provisions of this title shall authorize the licensee to transact or carry on the business therein named, at the place therein designated and at no other place and the license shall not be assignable or transferable. A change of location shall be allowed to the holder of the license upon the payment, set forth by resolution of the City Council, to the Finance Director within thirty (30) days of such change taking place. If licensee fails to apply for the change of address within thirty (30) days of such change taking place, his license shall terminate and expire at midnight of the thirtieth day. In the event of any such termination and expiration of a license, there shall be no rebate of any portion of the tax or fee paid by such licensee and in any application for a new license, there shall be no proration of the required tax or fee. (Ord. 1757 § 1 (part), 1977) SECTION 2: Section 12.68.040 (Preferential Parking Privileges — Issuance of Permits), is hereby amended to read as follows: 22 12.68.040 Preferential Parking Privileges — Issuance of Permits. A. Issuing Authority. The Finance Director shall issue permits for preferential parking. Applicants for such permits may be required to present such proof as may be required by the Finance Director, of residence adjacent to the area designated as a preferential parking zone. Any combination of permanent and visitor permits, up to a total of three per unit, shall be issued for each qualified dwelling unit to any qualified applicant. B. Fees. The Finance Director shall collect a fee set forth by resolution of the City Council for each permit issued pursuant to this section, whether permanent or visitor. C. Duration of Permits. Permits 'issued pursuant to this section shall remain effective for one year, commencing January 1st and ending December 31st, or fraction thereof, or until the preferential parking zone for which such permit was issued was eliminated, whichever period of time is less. Notwithstanding the foregoing, permits issued to residents for the year 1981 shall be valid during 1982 without additional cost. D. Conditions of Permits. Each permit issued pursuant to this section shall be subject to all the conditions and restrictions set forth in this chapter and of the preferential parking zone for which it was issued, including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be construed to be a permit for or approval for any violation of any provision of this Code or any other law or regulation. (Ord. 84 -25 § 1, 1984: Ord. 1897 § 1, 1982; Ord. 1883 § 1 (part), 1981) 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 4; The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15060(c)(2) (the 23 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. SECTION 5: 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 of the City, and it shall be effective thirty (30) 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 22nd day of October, 2013, and adopted on the 12th day of November, 2013, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT, COUNCILMEMBERS, Keith D. Curry, Mayor ATTEST: Leilani I. Brown, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE In Aaron C. Harp, City Attorney 24 NOTICE OF PUBLIC HEARING ON COST -OF- SERVICES FEES NOTICE IS HEREBY GIVEN that the City Council of the City of Newport Beach will hold a public hearing to consider the establishment of cost -of- services fees which include development review fees. The hearing will take place on Tuesday, November 12, 2013, at 7:00 p.m., or as soon as possible thereafter, in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. As required by Government Code Sections 66016 and 66018, data indicating the amount of estimated cost required to provide the services, which is the basis for the proposed fees, is available in the, Revenue Division (Bay A, 1st Floor) and City Clerk's Office (Bay E, 2nd Floor), located at the Civic Center, 100 Civic Center Drive, Newport Beach. ;d', Leilam rown, City Clerk ' City of Newport Beach PROOF OF PUBLICATION STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) I am a citizen of the United States and a resident of the County of Los Angeles; I am over the age of eighteen years, and not a party to or interested in the notice published. I am a principal clerk of the NEWPORT BEACH /COSTA MESA DAILY PILOT, which was adjudged a newspaper of general circulation on September 29, 1961, case A6214, and June 11, 1963, case A24831, for the City of Costa Mesa, County of Orange, and the State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Saturday, November 2, 2013 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Executed on November 7, 2013 at Los Angeles, California IZAW / Signature r , Ir- �? e cr- Of- r 7, NOTICE OF PUBLIC HEARING ON COST -OF- SERVICES FEES NOTICE IS HEREBY GIVEN that the City Council of the Cityof Newport Beach will hold a public hearing to consider the establishment of cost -of- services fees which include development review fees. The hearing will take place on Tuesday, November 12, 2013, at 7:00 p.m., or as soon as possible thereafter,'in the City Council Chambers located at 100 Civic Center Drive, Newport Beach. As required by Government Code Sections 66016 and 66018, data indicating the amount of estimated cost required to provide the services, which is the basis for the proposed fees, is available in the, Revenue Division (Bay A, 1st Floor) and City Clerk's Office (Bay E, 2nd Floor), located at the Civic Center, 100 Civic Center Drive, Newport Beach. ��E a /s/ a Leilani Brown, City Clerk City of Newport Beach