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HomeMy WebLinkAbout03 - Newport Beach Municipal Code Section 3.36.030 Related to Cost RecoveryPaR m CITY OF �\`S NEWPORT BEACH cy<`o-P City Council Staff Report August 14, 2018 Agenda Item No. 3 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. 2018-13 Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery ABSTRACT: The second reading and adoption of Ordinance No. 2018-13, amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 related to cost of service recovery percentages or amounts. RECOMMENDATION: a) Determine this 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 this action will not result in a physical change to the environment, directly or indirectly; and b) Conduct second reading and adopt Ordinance No. 2018-13, 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. FUNDING REQUIREMENTS: There is no expenditure of funds related to this item. DISCUSSION: On July 24, 2018, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2018-13, which updates Exhibit A to Municipal Code Section 3.36.030 related to cost of service recovery. After discussion amongst the City Council, a friendly amendment was accepted to keep the Junior Guard Participation Fee the same. Ordinance No. 2018-13 (Attachment A) was updated to reflect $727 for the Junior Guard Participation Fee, which is equal to the latest fee charged for the program. The fee will remain at $727, regardless of full cost of the program, until recommended for change by the City Council. 3-1 Second Reading of Ordinance No. 2018-13 Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery August 14, 2018 Page 2 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). ATTACHMENT: Attachment A — Ordinance No. 2018-13 3-2 Attachment A Ordinance No. 2018-13, 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 3-3 ORDINANCE NO. 2018-13 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; 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 14, 2018, the proposed revisions to Exhibit A were taken to the City's Finance Committee for review; and WHEREAS, the Finance Committee recommends the City Council adopt the proposed revisions as depicted in Exhibit A. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Exhibit "A" in NBMC Section 3.36.030 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. 3-4 Ordinance No. 2018-13 Page 2 of 7 3-5 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Community Development Building Appeals Board Hearing — 0% Applicant Successful Appeals Board Hearing 50% Applicant Unsuccessful Harbor Construction 50% Permit Issuance (Counter $35 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 0% Accommodation Recreation and Senior Services Adult Sports 50%-95% Administrative $5 Processing Fee 3-5 Ordinance No. 2018-13 Page 3of7 W Percentage of Cost or Amount to Be Recovered from Direct Service Fees Badge Replacement $5 After School/Camp Programs Camps 20%-50% After-School/Teen 20%-50% Program 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 0%-20% Late Fees for Level 1 Resident, Levels 2-3 and 20%-50% Late Fees for Levels 2-3 Nonresident, Levels 1-2 20%-50% and Late Fees for Level 1 Nonresident, Level 3 and 50%-95% Late Fees for Levels 2-3 Appeal to City Council 50%-95% W Ordinance No. 2018-13 Page 4of7 3-7 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Natural Resources 0%-20% Programs Senior Services Oasis Transportation $143 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 (ALS) —Non -Transport Basic Life Support (BLS) $400 —Non -Transport ALS First Responder Fee $400 BLS First Responder Fee $400 State -Mandated Inspections Day Care Facilities 25% 3-7 Ordinance No. 2018-13 Page 5of7 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Marine Junior Guards – $727 Participation Fee Police Bike Licenses 17% Secondhand/Pawn 0% Dealer Tag Check Registrant—Narcotics 0% Impound Fee Maximum Permitted by Contract Public Works Engineering Encroachment Permit 88% without Other Department/Division Review Encroachment Permit 57% with Other Department/Division Review Harbor Resources Appeal of Lease/Permit $100 under Section 17.60.080 Finance Ordinance No. 2018-13 Page 6 of 7 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 unconstitutional. 3-9 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Payment Plans (except $25 Parking) Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water 50% Meter Establishment Fats, Oils, and Grease 0% (FOG) 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 $0 Body or Official 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 unconstitutional. 3-9 Ordinance No. 2018-13 Page 7 of 7 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 City of Newport Beach held on the 24th day of July, 2018, and adopted on the 14th day of August, 2018, by the following vote, to -wit: AYES: Nr WAT&I ABSENT: MARSHALL "DUFFY" DUFFIELD, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATT OFFICE 7f - AARON C. HARP, CITY ATTORNEY 3-10