HomeMy WebLinkAbout05 - Related to Change in Subsidies, Library and Parking Fines, and Updated Language for Installation FeeAugust 9, 2016
Agenda Item No. 5
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dan Matusiewicz, Finance Director - 949-644-3123,
dmatusiewicz@newportbeachca.gov
PREPARED BY: Theresa Schweitzer, Senior Accountant,
tschweitzer@newportbeachca.gov
PHONE: 949-644-3140
TITLE: Second Reading of Ordinance No. 2016-14 Related to Change in
Subsidies, Library and Parking Fines, and Updated Language for
Installation Fee
ABSTRACT:
The second reading and adoption of Ordinance No. 2016-14, amending Exhibit A to
Newport Beach Municipal Code Section 3.36.030 related to cost of service recovery
percentages or amounts, Section 12.16.020 related to parking penalties; and
Subsection 14.12.010(8) related to water service fees; and ratifying existing library
fines. The City Council passed Ordinance No. 2016-14 to second reading on July 26,
2016.
RECOMMENDATION:
a) Determine that the 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 it will not result in a physical change to the environment, directly or
indirectly; and
b) Conduct second reading and adopt Ordinance 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
92.96.020 Related to Parking Penalties, Subsection 14.12.010(B) Related to Water
Service Fees, and Ratifying Existing Library Fines.
FUNDING REQUIREMENTS:
There is no expenditure of funds related to this item.
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Second Reading of Ordinance No. 2016-14 Related to Change in Subsidies, Library
and Parking Fines, and Updated Language for Installation Fee
August 9, 2016
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DISCUSSION:
On July 26, 2016, after a noticed public hearing, the City Council introduced and passed
to second reading Ordinance No. 2016-14, which updates Exhibit A to Municipal Code
Section 3.36.030 related to cost of service recovery, Section 12.16.020 related to
parking penalties, and Subsection 14.12.010(B) related to water service fees; and
ratifies existing library fines.
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 the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A - Ordinance No. 2016-14
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ATTACHMENT A
ORDINANCE NO. 2016 -
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(B) 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:
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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.
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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 Accommodation
0%
Recreation and Senior
Services
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5-5
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 Late
Fees for Levels 2-3
20%-50%
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Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
Nonresident, Levels 1-2 and
20%-50%
Late Fees for Level 1
Nonresident, Level 3 and Late
50%-95%
Fees for Levels 2-3
Appeal to City Council
50%-95%
Natural Resources
0%-20%
Programs
Senior Services
Oasis Transportation
$1-$3 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
Nontransport
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910
Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
Basic Life Support—
$300
Nontransport
State -Mandated Inspections
Day Care Facilities
25%
Marine
Junior Guards
82.1%
Police
Bike Licenses
17%
Secondhand/Pawn Dealer Tag
0%
Check
Registrant—Narcotics
0%
Impound Fee
Maximum
Permitted by
Contract
Public Works
Engineering
Encroachment Permit without
88%
Other Department/Division
Review
Encroachment Permit with
57%
Other Department/Division
Review
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910
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.
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Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
Harbor Resources
Appeal of Lease/Permit under
$100
Section 17.60.080
Finance
Parking Hearings
0%
Admin. Cite Hearings
0%
Municipal Operations
Construction Water Meter
50%
Establishment
Fats, Oils, and Grease (FOG)
0%
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 Body or
$0
Official
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.
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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.
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.
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This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the day of , 2016, and adopted on the _ day
of , 2016, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
DIANE B. DIXON
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS
TO Ft]RIUI:
CITY ATT ;S FFICE
AARON C. H P. CITY ATTORNEY
r�
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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
iPads - $400.00
Book Group in a Bag - $100.00
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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/BOCD 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.
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