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Home My WebLink About2011-10 - Amending Section 3.36.030 of the Newport Beach Municipal Code Pertaining to Emergency Transport — Resident Fees, Arrest Reports, Crime Reports, Traffic Collision Reports, Vehicle Repossession and Massage Technician Applications/RenewalsORDINANCE NO. 2011-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3.36.030 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO EMERGENCY TRANSPORT — RESIDENT FEES, ARREST REPORTS, CRIME REPORTS, TRAFFIC COLLISION REPORTS, VEHICLE REPOSSESSION AND MASSAGE TECHNICIAN APPLICATIONS/RENEWALS 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; and WHEREAS, the City performs other services which are funded in whole or in part by the person requesting the service; and WHEREAS, Section 3.36.030(E), Exhibit "A", provides that the City's cost of providing Emergency Transport — Resident services shall be recovered at 50%, Arrest Reports at 14%, Crime Reports at 14%, Traffic Collision Reports at 14%, Massage Technician Application/Renewal with CAMTC at 10% and Massage Technician Application/Renewal without CAMTC at 30%; and WHEREAS, Section 3.36.030(D) provides that City Council may modify the cost recovery percentage for any service by amending this chapter; and WHEREAS, the City has determined that the cost recovery percentage for Emergency Transport — Resident fees, Arrest Reports, Crime Reports, Traffic Collision Reports, Massage Technician Application/Renewal with CAMTC and Massage Technician Application/Renewal without CAMTC should be increased to 100%; and WHEREAS, the Juvenile Substance Abuse Program was outsourced, so the reference to the subsidy is no longer required; and WHEREAS, the subsidy for Vehicle Release was erroneously named Vehicle Repossession and Council desires to correctly identify the subsidy; and WHEREAS, to encourage compliance with State law, the City desires to subsidize Second Hand/Pawn Dealer Tag Check, Registrant — Sex and Registrant — Narcotics fees at 100%. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 3.36.030, Exhibit "A", of the Newport Beach Municipal Code is hereby amended to read as follows: Service Percentage of Cost to Be Recovered from Direct Fees Building 35% Preliminary Plan Review 75% Planning 8% Appeals to City Council 50% Appeals to Planning Commission 50% Recreation and Senior Services Adult Sports 50% Volleyball 60% Soccer 70% Basketball 85% Park Rentals 80% Facility Rentals 95% Park Patrol 85% After School/Camp Programs Vacation Camps 30% Summer Recess Camp 30% KidScene After -School Program 20% Teen Program 15% Aquatics 0.2% 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 50% Basketball—Summer 50% Track and Field 50% Special Events—Levels 1, 2, and 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 Permitted by Law 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% Marine Environment Services 100% Marine Preserve 15% Construction and Inspection Services—State-Mandated Inspections Day Care Facilities 25% Police 88% Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Renewal Maximum Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum SECTION 2: 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 unconstitutional. SECTION 3: The City Council finds that this ordinance 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, Permitted by Law Vehicle Release 91% Domestic Violence Reports 0% Missing Persons Report 0% Second Hand/Pawn Dealer Tag Check 100% Registrant - Sex 100% Registrant - Narcotics 100% Public Works Engineering Encroachment Permit without Traffic Engineer Review 88% Encroachment Permit with Traffic Engineer Review 57% Revenue Parking Reviews 0% Parking Hearings 0% Admin Cite Hearings 0% Dog License—Sterilized 50% SECTION 2: 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 unconstitutional. SECTION 3: The City Council finds that this ordinance 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, This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 8th day ofMarch, 2011, and adopted on the22nd day of March , 2011, by the following vote, to wit: AYES, COUNCILMEMBERS Hill, Rosansky, Gardner, Selich, Curry, Mayor Henn NOES, COUNCILMEMBERS Daigle ABSENT COU VCILMEl BERS None MAYOR APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY LEONIE MULVIHILL, ASSISTANT CITY ATTORNEY ATTEST: LEILANI BROWN, CITY CLERK Section 3.36.030, Exhibit "A" Service Percentage of Cost to Be Recovered from Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% 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/Camp Programs Vacation Camps 30% Summer Recess Camp 30% KidScene After -School Program 20% Teen Program 15% Aquatics 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 50% Basketball—Summer 50% Track and Feld 50% Special Events—Levels 1, 23 and 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% Mee ffl , T-Fans wt oei dept 50°6 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% e. est-R `J 44% GAme-RepGFts 4404. a4% Subpoena Duces Tecum Maximum Permitted by Law Juvenile-Substance-Abuse P-ragraru 50% Vehicle Release Repossession 91% Domestic Violence Reports 0% Missing Persons Report 0% Massage T-eGhR!Gia ti rennTr 40;6 end . T.,GhAIG^ ^ thpi l 39% Second Hand/Pawn Dealer Tag Check 100% Registrant - Sex 100% Registrant - Narcotics 100% Public Works Engineering Encroachment Permit without Traffic Engineer Review 88% Encroachment Permit with Traffic Engineer Review 57% Revenue Parking Reviews 0% Parking Hearings 0% Admin Cite Hearings 0% Dog License—Sterilized 50% STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2011-10 was duly and regularly introduced on the 8th day of March, 2011, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of March, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Mayor Henn Noes: Daigle Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of March, 2011. y (Seal) �1 City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2011-10 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 dates: 2011. Introduced Ordinance: March 12, 2011 Adopted Ordinance: March 26, 2011 I , In witness whereof, I have hereunto subscribed my name this ��day of '3 F RIO 4 / Wl/l I City Clerk City of Newport Beach, California