HomeMy WebLinkAbout2008-14 - Amending Chapter 3.36 of the NBMC Regarding the Recovery of Costs for the Performance of Certain Municipal Services.ORDINANCE NO. 2008-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING
CHAPTER 3.36 OF THE NEWPORT BEACH MUNICIPAL CODE REGARDING THE RECOVERY OF
COSTS FOR THE PERFORMANCE OF CERTAIN MUNICIPAL SERVICES
WHEREAS, the City Council of the City of Newport Beach adopted Ordinance No. 97 -8, adding
Chapter 3.36, Cost Recovery for User Services, to the Newport Beach Municipal Code; and
WHEREAS, in 2006, the City contracted with Public Resources Management ( "PRM ") to update
the cost allocation plan and cost of services study; and
WHEREAS, after numerous presentations to various stakeholders, including the Economic
Development Committee, Chamber of Commerce, Conference & Visitors Bureau, Parks, Beaches &
Recreation Commission, PB &R Finance Committee and the Restaurant Association, the Council Finance
Committee directed staff to prepare amendments to Chapter 3.36 to accommodate the findings of the
PRM studies and include language recommending more frequent updates to the cost allocation plan and
cost of services studies; and
WHEREAS, the City Council desires to update the percentage of cost recovery and actual fee for
each service studied;
NOW, THEREFORE, the City Council of the City of Newport Beach hereby ordains as follows:
SECTION 1: Section 3.36 of the Newport Beach Municipal Code shall be amended to read as shown in
Exhibit °1," attached hereto.
SECTION 2: 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.
SECTION 3: This ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach, held on the 24th day of June, 2008, and adopted on the 8th day of July, 2008, by the following vote,
to wit::
/Ii Ili,._ / ►� ��
AYES, COUNCIL MEMBERS Henn, Rosansky,
Curry, Daigle, Gardner, Mayor Selich
NOES, COUNCIL MEMBERS
None
U-111.
1174 V
COST RECOVERY FOR USER SERVICES Exhibit "1"
Sections:
3.36.010
Findings.
3.36.020
Definitions.
3.36.030
Cost Recovery Percentages.
3.36.040
Late Fees and Charges.
3.36.050
Severability.
3.36.010 Findings.
The City Council of the City of Newport Beach finds as follows:
A. The City funds certain municipal services such as fire, police and residential trash collection using
primarily property, sales and other tax revenues. These municipal services are typically performed without
request by the user, benefit the public generally, and are traditionally funded by tax revenue.
B. The City performs other services and offers certain programs which are funded in whole or in part
by the person or entity requesting the service or participating in the program. These services and programs
are typically initiated by an application submitted by the person requesting the service or program
participation, primarily benefit the person requesting the service or participation, and are traditionally funded
in whole or in part from fees charged to the person who initiates the services.
C. The City Council has retained consultants to conduct cost allocation plan and cost of services
studies. Cost allocation studies determine the general city and departmental overhead rates to be used in
calculating the cost of City services. Cost of services studies determine the costs of providing certain City
services by, among other things, identifying the City employees performing the service and the amount of
time spent in performing the service. The City Council has thoroughly reviewed and considered the studies
prior to adopting the ordinance codified in this chapter. In order to ensure that fees charged for services are
an accurate reflection of actual costs, the City Council finds that cost studies should be conducted at least
every five (5) years.
D. The Finance Committee of the City Council has conducted public meetings to discuss the cost
allocation plan and cost of services studies, the factors relevant to the appropriate cost recovery percentage
for the services studied, and to receive public input on the issues. The Finance Committee has submitted
recommendations to the City Council regarding the appropriate cost recovery percentage and those
recommendations have been reviewed and considered by the City Council prior to adopting the ordinance
codified in this chapter.
E. The City Council has fully complied with provisions of State and local law in establishing the cost
recovery percentages specified in this ordinance, including, Section 66000 et. seq. of the Government Code,
and Articles XIHC and XHM of the State Constitution.
3.36.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
"Actual cost" means the estimated cost to the City of providing a user service to a user as initially
determined by analysis of the cost factors in the studies and as modified from time to time in accordance
with changes in cost factors.
"Cost factors" means the various factors identified in the studies relevant to the calculation of the actual
cost to the City of providing user services to a user.
"Cost recovery percentage" means the percentage of the actual cost to the City of providing a user service
that the City Council determines should be recovered from the user.
"Cost studies" means the Cost of Services and Cost Allocation Studies conducted by the City's
consultant(s).
"Fee resolution" means the Resolution adopted by the City Council pursuant to this chapter which
establishes the fees and charges for user services.
"User" means the person or entity who requests, by filing an application or otherwise, City performance
of, or user's participation in, a user service.
"User services" means the services or programs identified in the cost studies and which are funded, in
whole or in part, by fees or charges imposed on the user of the service.
3.36.030 Cost Recovery Percentages.
A. The municipal functions the City Council has determined to be user services and for which the City
Council has initially determined the actual costs and the appropriate cost recovery percentage are described
in the fee resolution. The cost recovery percentage appropriate for each user service shall be 100% with the
exception of the user services listed in Exhibit "A" and those services for which the fee is limited by statute.
The City Council may include in the fee resolution a schedule to phase in specific fee increases over a period
not to exceed four years.
B. The City Council shall establish, pursuant to the fee resolution, the actual fee or charge for each user
service described in the fee resolution. The fee or charge shall be based upon the actual cost of providing
the user service, multiplied by the relevant cost recovery percentage.
C. The City Council may, without amending this chapter, modify (increase or decrease) the fee
resolution to amend the amount of any fee or charge for, and the actual cost of providing, any user service
upon a determination that there has been an increase or decrease in one or more of the cost factors relevant
to the calculation of the actual cost of providing that service.
D. The City Council may modify the municipal functions determined to be user services in the fee
resolution and the cost recovery percentage for any service only by amending this chapter.
E. Fees for service established in the fee resolution may not be waived without prior City Council
approval, except that the City Manager may waive fees imposed on non -profit organizations for non -profit
sponsored events in an amount not to exceed $1000 per year.
3.36.040 Late Fees and Charges.
Notwithstanding any other provision of this Code, the City Council shall establish, in the fee resolution,
late fees and interest to be paid by any user of user services who fails to make payments when required by
this Code or any resolution, policy, or program adopted by the City Council. To the maximum extent
practical, the late fees and interest shall be uniform for all user fees. (Ord. 97 -8 § 1 (part), 1997)
3.36.050 Severability.
If any section, subsection, sentence, clause or phrase of this chapter 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 chapter. The City Council declares that it would have passed the ordinance codified in this chapter 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.
Exhibit A
The city's cost of providing the following services shall be recovered through direct fees charged for
services in the percentages indicated.
Service
Percentage of Cost to Be
Recovered from Direct Fees
Building
Preliminary Plan Review
75%
-Planning
to City Council
50%
-Appeals
Appeals to Planning Commission
50%
Recreation and Senior Services
Adult Sports
Volleyball
60%
Soccer
70%
Basketball
85%
Park Rentals
80%
Facility Rentals
95%
Park Patrol
85%
After School/Cainp Programs
Vacation Camps
30%
Summer Recess Camp
30%
KidScene After - School Pro
20%
Teen Pro
15%
A uatics
CdM Pool
35%
Water Polo
35%
Lap Swim
50%
Rentals
8%
Lessons
40%
Fee Classes
75%
Youth Sports
Basketball - winter
50%
Youth Flag— Football
50%
Tiny League Football
50%
Basketball Tiny League 1
50%
Service
Percentage of Cost to Be
Recovered from Direct Fees
Basketball — summer
50%
Track and Field
50%
Special Events — Levels 1, 2, & 3
80%
Senior Services
Oasis Transportation
3%
Classes
11%
Oasis Rentals
95%
Library Services
Meeting Room Rentals
0.2%
Rentals — book/video
5%
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%
Basic Life Support - Not Escorted
Up to 80%
Emergency Transport — Resident
50%
Marine Environment Services
Marine Preserve
15%
Construction and Inspection Services
State Mandated Inspections
Day Care Facilities
25%
Police
Initial Concealed Weapons Permit
Maximum Permitted by Law
Concealed Weapon Permit Renewal
Maximum Permitted by Law
Bike Licenses
17%
Arrest Reports
14%
Crime Reports
14%
Traffic Collision Reports
14%
Duces Tecum
Maximum ermitted by Law
-Subpoena
Vehicle Repossession
91%
Domestic Violence Reports
0%
Missing Persons Report
0%
Public Works
Engineering
Encroach. Prmt. w/o Traffic Engr. Review
88%
Service
Percentage of Cost to Be
Recovered from Direct Fees
Encroach. Prmt. w/Traffic Engr. Review
57%
Revenue
Parking Reviews
0%
Parking Hearings
0%
Admin Cite Hearings
0%
Dog License — Sterilized
1 50%
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LaVonne M. Harkless, City Clerk of the City of Newport Beach, California, do
hereby certify that the whole number of members of the City Council is seven; that the foregoing
ordinance, being Ordinance No. 2008 -14 was duly and regularly introduced before and adopted by
the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8th
day of July 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Daigle, Gardner, Mayor Selich
Noes: None
Absent: Webb
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of July 2008.
(Seal)
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2008 -14 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a daily
newspaper of general circulation on the following date, to wit: July 12, 2008.
In witness whereof, I have hereunto subscribed my name this Rh n day of
2008.
City Clerk
City of Newport Beach, California