HomeMy WebLinkAbout04 - Relating to Changes in Cost of Service Subsidies and Relating to City Manager Discretion to Waive EMS Fees and Charges aEwcoRr
CITY OF
NEWPORT BEACH
C9FO0.NP City Council Staff Report
October 13, 2015
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Dan Matusiewicz, Finance Director - 949-644-3123,
dmatusiewicz@newportbeachca.gov
PREPARED BY: Evelyn Tseng, Revenue Manager
PHONE: 949-644-3153
TITLE: Second Reading of Ordinance No. 2015-29 Relating to Changes in
Cost of Service Subsidies and Ordinance No. 2015-30 Relating to
City Manager Discretion to Waive EMS Fees and Charges
ABSTRACT:
The second reading and adoption of Ordinance No. 2015-29, updating Exhibit A to
Municipal Code Section 3.36.030 relating to cost of service recovery percentages or
amounts, and Ordinance No. 2015-30 authorizing the City Manager, or designee, to
waive all or part of adopted EMS fees. The City Council passed Ordinance No. 2015-29
and Ordinance No. 2015-30 to second reading on September 22, 2015.
RECOMMENDATION:
a) Conduct second reading and adopt Ordinance No. 2015-29, 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; and
b) Conduct second reading and adopt Ordinance No. 2015-30, An Ordinance of the
City Council of the City of Newport Beach, California, Amending Chapter 5.60 of the
Newport Beach Municipal Code (Paramedic Service User Fees).
FUNDING REQUIREMENTS:
There is no expenditure of funds related to this item.
Second Reading of Ordinance No. 2015-29 and Ordinance No. 2015-30
October 13, 2015
Page 2
DISCUSSION:
On September 22, 2015, after a noticed public hearing, the City Council introduced and
passed to second reading:
1. Ordinance No. 2015-29, which updates Exhibit A to Municipal Code Section 3.36.030
related to cost of service recovery; and
2. Ordinance No. 2015-30, which authorizes the City Manager, or designee, to waive all
or part of adopted EMS fees.
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. 2015-29, 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
Attachment B - Ordinance No. 2015-30, An Ordinance of the City Council of the City of
Newport Beach, California, Amending Chapter 5.60 of the Newport Beach Municipal
Code (Paramedic Service User Fees)
ATTACHMENT A
Ordinance No. 2015-29, 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
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ORDINANCE NO. 2015-
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
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; and
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.
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:
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
Service from Direct Fees
Community
Development,
Building
4-4
Percentage of
Cost or Amount
to Be Recovered
Service from Direct Fees
Appeals Board 50%
Hearing
Harbor Construction 50%
Permit Issuance $32
(counter only)
Electrical, Plumbing
Preliminary Plan First two hours
Review free, full cost
thereafter
Planning
Appeals to City 50%
Council
Appeals to Planning 50%
Commission
Reasonable 0%
Accommodation
Recreation and
Senior Services
Adult Sports
Adult Sports 62%
Adult Drop-In 15%
Sports
Facility Use Fees 50%
Badge 45%
Replacement
After School/Camp
Programs
Page 2
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Percentage of
Cost or Amount
to Be Recovered
Service from Direct Fees
Camps 40%
After-Schoolfreen 20%
Program
Pre-School 40%
Program
Aquatics 20%
Contract Classes 60%
Class Refunds
$74 or less 29%
$75 or more 59%
Youth Sports 25%
Special Events—
Levels 1, 2, and 3
Resident Up to 45%
Nonresident Up to 85%
Appeal to City 25%
Council
Senior Services
Oasis 5%
Transportation
Contract Classes 50%
Oasis Facility Use 45%
Fees
Page 3
4-6
Percentage of
Cost or Amount
to Be Recovered
Service from Direct Fees
Fitness Center 50%
Marine Environment 15%
Services—Marine
Preserve Tours
Library Services
Meeting Room 1%
Facility Use Fees
Use Fees— 20%
Materials
Inter-Library Loan 10%
Fire and Marine
Emergency
Medical Services
Advanced Life $400
Support—Non-
Transport
Basic Life $300
Support—Non-
Transport
State-Mandated
Inspections
Day Care Facilities 25%
Marine
Junior Guards 82.1%
Police
Page 4
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Percentage of
Cost or Amount
to Be Recovered
Service from Direct Fees
Initial Concealed Maximum
Weapons Permit Permitted by Law
Concealed Weapon Maximum
Permit Renewal Permitted by Law
Bike Licenses 17%
Subpoena Duces Maximum
Tecum Permitted by Law
Vehicle Maximum
Repossession Permitted by Law
Domestic Violence 0%
Reports
Second Hand/Pawn 0%
Dealer Tag Check
Registrant—Sex 0%
Registrant— 0%
Narcotics
Impound Fee Maximum
Permitted by
Contract
Public Works
Engineering
Encroachment 88%
Permit without other
Department/Division
Review
Encroachment 57%
Permit with other
Department/Division
Page 5
a-a
Percentage of
Cost or Amount
to Be Recovered
Service from Direct Fees
Review
Harbor Resources
Appeal of $100
Lease/Permit under
Section 17.60.080
Finance
Parking Reviews 0%
Parking Hearings 0%
Admin. Cite 0%
Hearings
Municipal
Operations
Construction Water 30%
Meter
Establishment
City Council,
Board,
Commission,
Committee or Any
Individual Member
Thereof when
Acting within the
Scope of Their
Official Duties
Review from a $0
Lower Body or
Official
Page 6
4-9
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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, sentence clause or phrase hereof, irrespective of the fact that any one (1) or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: 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 5: 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 6: 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 CitM
of Newport Beach held on the 22nd day of September, 2015, and adopted on the 13
day of October, 2015, by the following vote, to-wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
EDWARD D. SELICH
Page 17
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ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY A EY'S OFFICE
AARON C. HARP, CITY ATTORNEY
Page 18
4-11
ATTACHMENT B
Ordinance No. 2015-30, An Ordinance of the City Council of the City of Newport
Beach, California, Amending Chapter 5.60 of the Newport Beach Municipal Code
(Paramedic Service User Fees)
4-12
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
CHAPTER 5.60 OF THE NEWPORT BEACH MUNICIPAL
CODE (PARAMEDIC SERVICE USER FEES)
WHEREAS, The City of Newport Beach provides paramedic services throughout
the City; and
WHEREAS, Chapter 5.60 of the Newport Beach Municipal Code (Paramedic
Service User Fees) authorizes the City Council to establish reasonable fees and
charges to be paid by persons using the City's paramedic services; and
WHEREAS, The City Council desires to authorize the City Manager, or his/her
designee, to consider waiving all or a portion of the fee established by City Council for
the City's paramedic services based on circumstances that warrant consideration such
as financial hardship; and
WHEREAS, The City Council desires to have the City Manager, or his/her
designee, implement an administrative process for the application and consideration for
a waiver of all or a portion of the fees charged for paramedic services.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Manager, or his/her designee, is directed to establish and
implement an administrative application process for individuals requesting a waiver for
the fees established by resolution of the City Council pursuant to Section 5.60.020 of
the Newport Beach Municipal Code.
Section 2: Section 5.60.020 of the Newport Beach Municipal Code is hereby
amended to read as follows:
5.60.020 Fees Established—Resolution.
The City Council shall by resolution establish reasonable fees and
charges to be paid by persons using the City's paramedic field services.
Upon written application, the City Manager or his or her designee,
may waive all or part of the paramedic user fees referenced in this
chapter.
4-13
Section 3: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
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 invalid or
unconstitutional.
Section 5: The City Council finds the 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 6: 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 7: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, 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 day of 2015, and adopted on the
day of 2015, by the following vote, to-wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
EDWARD D. SELICH
Page 12
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ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY 3
Page 3
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