HomeMy WebLinkAbout2018-66 - Revising Certain Life Safety Services Fees within the Schedule of Rents, Fines, and FeesRESOLUTION NO. 2018-66
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, REVISING CERTAIN
LIFE SAFETY SERVICES FEES WITHIN THE SCHEDULE
OF RENTS, FINES, AND FEES
WHEREAS, Newport Beach Municipal Code ("NBMC") Section 3.36.010 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 Subsection 3.36.010(C) further provides that to ensure fees
charged for services are an accurate reflection of costs, the City of Newport Beach ("City")
should conduct a fee study at least once every five years;
WHEREAS, contemporaneous with this resolution the City Council introduced
Ordinance No. 2018-15, amending Exhibit A to NBMC Section 3.36.030 (Cost Recovery
for User Services);
WHEREAS, Exhibit A to NBMC Section 3.36.030 contains cost recovery
percentages for specific services, and provides that the City Council may modify the fee
resolution upon a determination that there has been an increase or decrease in one or
more cost factors relevant to the calculation of the actual cost of providing the service;
WHEREAS, in 2010, the City retained MGT of America, Inc. ("MGT') to prepare
the cost allocation plan and cost -of -services studies for City services ("Agreement');
WHEREAS, pursuant to its Agreement, MGT has conducted cost-of-seryices
studies on a rotating basis by department;
WHEREAS, pursuant to its Agreement, MGT prepared the Community
Development Life Safety Services cost -of -services study,
WHEREAS, pass through costs for actual services or tangible goods do not
include staff time: and
WHEREAS, statutory fees are mandated or capped by another authority, such as
the state.
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 depicted in Exhibit 1, attached hereto and incorporated herein
by reference. Except where prohibited by law, all fees provided shall be rounded down
to the nearest dollar. Except as explicitly revised by Exhibit 1, all other provisions of the
SRFF shall continue in full force and effect.
Resolution 2018-66
Page 2 of 3
Section 2: Direct pass through, or actual, fees may be updated, without further
action by the City Council, by the Finance Director as necessary to ensure recovery of
cost.
Section 3: All proposed fees and charges shall take effect six (6) months following
adoption of this resolution.
Section 4: Except as expressly modified in this resolution, all other City fees and
charges and/or prior SRFF or Master Fee Schedule, or part thereof, shall remain
unchanged and shall be in full force and effect.
Section 5: The recitals provided in this resolution are true and correct and are
incorporated into the operative portion of this resolution.
Section 6: 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 7: The City Council finds the adoption of this resolution and revisions to
the SRFF are 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.
Section 8: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
//
ADOPTED this 11'h day of September, 2018.
ATTE�rST::
/Ylr-
Leilani I. Brown
City Clerk
Resolution 2018-66
Page 3 of 3
Marshall "Du y' Duffield
Mayor
APPROVED AS TO FORM:
The City Attorneys' Office
a/
Aaron C. Harp
City Attorney
Attachment: Exhibit 1 - Revision to the Schedule of Rents, Fines, and Fees
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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. 2018-66 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 111" day of September, 2018; and the same was so passed and adopted by the
following vote, to wit:
AYES: Council Member Herdman, Council Member Diane Dixon, Council Member Scott
Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill, Mayor Duffy Duffield
NAYS: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 121h day of September, 2018.
Leilani I. Brown
City Clerk
Newport Beach, California