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Home My WebLink About2016-14 - Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery, Section 12.16.020 Related to parking Penalties, Subsection 14.12.010(B) Related to Water Service Fees, and Ratifying Existing Library FinesORDINANCE NO. 2016-14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING EXHIBIT A TO NEWPORT BEACH MUNICIPAL CODE SECTION 3.36.030 RELATED TO COST RECOVERY, SECTION 12.16.020 RELATED TO PARKING PENALTIES, SUBSECTION 14.12.010(8) RELATED TO WATER SERVICE FEES, AND RATIFYING EXISTING LIBRARY FINES 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; WHEREAS, the City performs other services which are funded in whole or in part by the person requesting the service: WHEREAS, Newport Beach Municipal Code ("NBMC") Subsection 3.36.030(A) provides the cost recovery for user service fees specifically requested by a person shall be at one hundred percent (100%), unless the amount is modified by the City Council in Exhibit A to NBMC Section 3.36.030; WHEREAS, the Finance Department conducts regular fee studies and makes recommendations to the City Council regarding adjustments that may be made to the cost recovery amounts provided in Exhibit A to ensure compliance with the law, consistency with current practices, and the maintenance of a high level of customer service for our residents; WHEREAS, on June 16, 2016, the proposed revisions to Exhibit A were taken to the City's Finance Committee for review; WHEREAS, the City enforces vehicle stopping, standing, and parking regulations throughout the City and imposes civil administrative penalties for violations of the parking regulations; and WHEREAS, the Board of Library Trustees has a practice of submitting rules and regulations to the City Council for review and ratification. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Exhibit "A" in Section 3.36.030 of the Newport Beach Municipal Code is hereby amended to read as follows: Ordinance No. 2016-14 Page 2 of 10 Exhibit A The City's cost of providing the following services shall be recovered through direct fees charged for services. Exhibit A limits cost recovery fees to the percentages or dollar amounts indicated below. Percentage of Cost or Amount to Be Recovered from Direct Service Fees Community Development Building Appeals Board Hearing 50% Harbor Construction 50% Permit Issuance (Counter $33 Only) Electrical, Plumbing Preliminary Plan Review First Two Hours Free, Full Cost Thereafter Planning Appeals to City Council 50% Appeals to Planning 50% Commission Reasonable 0% Accommodation Recreation and Senior Services Ordinance No. 2016-14 Page 3 of 10 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Adult Sports 50%-95% Administrative Processing Fee $5 Badge Replacement $5 After School/Camp Programs Camps 20%-50% After-School/Teen Program 20%-50% Pre -School Program 20%-50% Aquatics 20%-50% Contract Classes 50%-95% Class Refunds $74 or less $10 $75 or more $20 Youth Sports 20%-50% Special Events—Levels 1, 2, and 3 Resident, Level 1 and Late Fees for Level 1 0%-20% Resident, Levels 2-3 and Ordinance No. 2016-14 Page 4 of 10 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Late Fees for Levels 2-3 Nonresident, Levels 1-2 and Late Fees for Level 1 20%-50% Nonresident, Level 3 and Late Fees for Levels 2-3 50%-95% Appeal to City Council 50%-95% Natural Resources Programs 0%-20% Senior Services Oasis Transportation $143 each way Contract Classes 20%-50% Fitness Center 50%-95% Library Services Passport Photo $10 Use Fees—Materials $1 Inter -Library Loan $5 Fire and Marine Emergency Medical Services Advanced Life Support— $400 Ordinance No. 2016-14 Page 5 of 10 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Nontransport Basic Life Support— $300 Nontransport State -Mandated Inspections Day Care Facilities 25% Marine Junior Guards 82.1% Police Bike Licenses 17% Secondhand/Pawn 0% Dealer Tag Check Registrant—Narcotics 0% Impound Fee Maximum Permitted by Contract Public Works Engineering Encroachment Permit 88% without Other Department/Division Review Ordinance No. 2016-14 Page 6 of 10 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Encroachment Permit 57% with Other Department/Division Review Harbor Resources Appeal of Lease/Permit $100 under Section 17.60.080 Finance Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water 50% Meter Establishment Fats, Oils, and Grease 0% (FOG) Annual Permit City Council, Board, Commission, Committee or Any Individual Member Thereof when Acting within the Scope of Their Official Duties Review from a Lower $0 Body or Official Ordinance No. 2016-14 Page 7 of 10 Section 2: Section 12.16.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 12.16.020 Violation a Misdemeanor or Infraction. It is unlawful for any person to violate or to fail to comply with any provision of this title. Any such violation shall be a misdemeanor, or, if a violation of any such provision has been classified as an infraction under any statute of the State of California, such violation shall constitute an infraction for purposes of this title. Parking penalty amounts, and any associated administrative late penalty fees, shall be established by City Council resolution. Section 3: Subsection 14.12.010(B) of the Newport Beach Municipal Code is hereby amended to read as follows: B. The installation fee for a water service shall be the City's costs including all labor and materials. The installation fee shall be as established by the Municipal Operations Department, and the cost shall be paid to the Finance Department by the person applying for such installation before the work of connecting the main with the property is begun. Section 4: The City Council hereby ratifies and approves the Board of Library Trustees' Schedule of Fines/Fees attached hereto and incorporated herein by reference. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: 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 (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 7: The City Council finds the introduction and approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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 to have a significant effect on the environment. Ordinance No. 2016-14 Page 8 of 10 Section 8: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 9: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance to be published pursuant to City Charter Section 414, 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 26th day of July, 2016, and adopted on the 9th day of August, 2016, by the following vote, to -wit: AYES, COUNCILMEMBERS Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon NOES, COUNCILMEMBERS Mayor Pro Tem Muldoon ABSENT COUNCILMEMBERS None DIANE B. DIXON, MAYOR ATTEST: t atiW P(0)OA LEILANI I. BROWN, CITY CLERK n APPROVED AS TO FORM: o\' `�11. CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY Ordinance No. 2016-14 Page 9 of 10 9.0 Library Circulation Policies Schedule of Fines/Fees 9.01 Rental Fees Rental DVDs - $1.00 per day Rental Books - $1.00 for 1 week 9.02 Fines for Overdue Materials: General Materials - $0.25/day to Maximum DVDs(non-rental) - $0.25/day to Maximum Paperbacks, Periodicals - $0.25/day to Maximum New books - $0.25/day to Maximum CDs - $0.25/day to Maximum Rental Books - $0.25/day to Maximum Video games and eReader - $1.00/day to Maximum Laptop and iPad - $5.00/hour Book Group in a Bag - $0.25/day to Maximum Maximum Fines: General Materials, Audio Books, Rental Books and ILL Materials - $10.00 Paperbacks, Periodicals - $5.00 DVDs - $20.00 CDs - $10.00 Video games and eReaders- $20.00 Laptops - $1,200.00 Fads - $400.00 Book Group in a Bag - $100.00 Ordinance No. 2016-14 Page 10 of 10 9.03 Replacement Cost of Materials - Actual Replacement Cost of Item When replacement cost cannot be determined, the following averages apply: General Materials - $20.00 Periodicals & Paperbacks - $ 5.00 DVDs - $25.00 CDs - $20.00 Video games - $50.00 Laptops and/or peripherals- $1,200.00 iPad and/or peripherals - $400.00 eReader and/or peripherals - $120.00 Book Group in a Bag - $100.00 Interlibrary Loan (ILL) - Cost as determined by the lending library When materials are replaced, fines paid are applied to replacement and processing charge. The following Processing Charges apply in addition to Replacement Costs: General Materials, DVDs , Video Games and eReaders - $10.00 Paperbacks (mass market)/Periodicals - $3.00 9.04 Other Fees: Replacement of Compact Disc Cases - $1.00 Replacement of DVD/BOLD Case - $4.00 Fee for Damage to Barcode or RFID tag on Library Materials - $1.00 Interlibrary Loan Fee (per item): $5.00 This policy is subject to review and change as authorized by the Board of Library Trustees and as approved by the City Council. STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2016-14 was duly and regularly introduced on the 26th day of July, 2016, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 9 adopted of August, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Dixon NAYS: Mayor Pro Tem Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of August, 2016. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } "ORN\,- A611j, Leilani I. Brown, MMS` City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2016-14 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation on the following dates: 2016. Introduced Ordinance: July 30, 2016 Adopted Ordinance: August 13, 2016 In witness whereof, I have hereunto subscribed my name this &' ` day of O4 � cA C Ir� U Leilani I. Brown, MMC City Clerk cq<�izORNCity of Newport Beach, California (Seal)