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Home My WebLink About05 - Amend Section 3.36.030-Second Reading Ordinance 2013-18®CITY OFD @I�(�} BEACH BE�� °�oaNP Uty CouncH Staff Report Agenda Item No. 5 November 26, 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: ct/ Jay v TITLE: Adoption of Ordinance No. 2013 -18 amending Newport Beach Municipal Code Section 3.36.030 ABSTRACT: Staff requests that City Council adopt Ordinance No. 2013 -18, amending Newport Beach Municipal Cade ( "Municipal Code ") Sections 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). RECOMMENDATION: Staff recommends that City Council conduct a second reading and adopt Ordinance No 2013 -18, amending Municipal Code 3.36.030. FUNDING REQUIREMENTS: There is no expenditure of funds related to this item. 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. Approval of Master Fee Schedule (Cost of Services portion) and Change in Subsidies November 26, 2013 Page 2 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: �atusiewicz, an !rector Attachments: Ordinance No. 2013 -18 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% Basiclife Support —Not Escorted Up to 80 %a 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 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. 3.3630E 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% Service Percentage of Cost or Amount to'be Recovered from Direct fees 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 20% Pre- School Program 40% Aquatics 20 % Contract Classes 60% Class Refunds $74 or less 29 %0. $75 or more 59 %. Youth Sports 256/6 Special Events — Levels 1, 2, and 3 Resident Up to 45% Non- Resident Up to 850/6 Appeal to City Council 25% Senior Services Oasis Transportation 5% Service Percentage of Cost or Amount to be Recovered from Direct Fees Contract Classes 50% 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 %0 Advanced Life Support —Not Escorted Up to 80% Basic Life Support— Escorted Up to 80% Basic. Life Support-Not Escorted Up to,80% Slate- 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 $100 Finance Parking Reviews 0% Parking Hearings 0% Admin, Cite Hearings 0% Municipal Operations SECTION 3: The amendment to Section 3.36.30, Exhibit "A,r' 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 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 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 Difect 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,r' 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 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 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 _`h 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 By: �O,,, C W"—' Aaron C. Harp, City Attorney