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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. 5-1 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 Page 2 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 5-2 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: 5-4 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. Page 12 5-5 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 Page 12 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% Page 13 5-6 Page 14 5-7 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 Page 14 5-7 Page 15 910 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 Page 15 910 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. Page 16 5-9 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. Page 16 5-9 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. Page 17 5-10 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� 5-11 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 Page 19 5-12 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. Page 110 5-13