HomeMy WebLinkAbout04 - Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost RecoveryCITY OF
u s
NEWPORT BEACH'
Cg41C1 F0 f9L City Council Staff Report
September 25, 2018
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: Theresa Schweitzer, Senior Accountant,
tschweitzer@newportbeachca.gov
PHONE: 949-644-3140
TITLE: Second Reading of Ordinance No. 2018-15 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. 2018-15, 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. 2018-15, 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 September 11, 2018, after a noticed public hearing, the City Council introduced and
passed to second reading Ordinance No. 2018-15, which updates Exhibit A to Municipal
Code Section 3.36.030. This update provides a subsidy for operational permits and some
state -mandated inspections within Life Safety Services.
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Second Reading of Ordinance No. 2018-15 Amending Exhibit A to Newport Beach
Municipal Code Section 3.36.030 Related to Cost Recovery
September 25, 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:
FWARFRIT=iGQi]TIIITM2 0115.WIDSE:15161
42
ATTACHMENT A
ORDINANCE NO. 2018-15
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.
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Ordinance 2018 -
Page 2 of 9
Y
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
Life Safety Services
Candle Permit Program
76%
Care Facilities 7-99
36%
Clients
Care Facilities >99
40.8%
Clients
Commercial Day Care
36%
Facilities
Y
Ordinance 2018 -
Page 3 of 9
4-5
Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
Hotels/Motels 50-299
36%
Rooms
Hotels/Motels 300 or
92.4%
more Rooms
Operational Permits —
40%
Level 1
Operational Permits —
38.1%
Level 2
Residential Care Facility
96%
Pre -License Inspection
Special Event Permits —
88%
Single Event
State Fire Clearance
82%
Planning
Appeals to City Council
50%
Appeals to Planning
50%
Commission
Reasonable
0%
Accommodation
Recreation and Senior
Services
FAdult Sports 150%-95%
4-5
Ordinance 2018 -
Page 4 of 9
Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
Administrative
$5
Processing Fee
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
120%-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
Ordinance 2018 -
Page 5 of 9
4-7
Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
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%
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
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Ordinance 2018 -
Page 6 of 9
Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
Basic Life Support (BLS)
$400
— Non -Transport
ALS First Responder Fee
$400
BLS First Responder Fee
$400
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-
ontractPublic
PublicWorks
Engineering
Encroachment Permit
88%
without Other
Department/Division
Review
Encroachment Permit
57%
Ordinance 2018 -
Page 7 of 9
Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
with Other
Department/Division
Review
Harbor Resources
Appeal of Lease/Permit
$100
under Section 17.60.080
Finance
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
Ordinance 2018 -
Page 8 of 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
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.
4-10
Percentage
of Cost or
Amount to
Be
Recovered
from Direct
Service
Fees
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.
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.
4-10
Ordinance 2018 -
Page 9 of 9
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the _ day of , 2018, and adopted on the _ day
Of , 2018, by the following vote, to -wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MARSHALL "DUFFY" DUFFIELD
ATTEST:
LEILANI I. BROWN, CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S O FICE
;iOR'ON C. HA P, CITY ATTORNEY
411