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Home My WebLink About2018-13 - Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related To Cost RecoveryORDINANCE 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. Ordinance No. 2018-13 Page 2of7 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 Ordinance No. 2018-13 Page 3 of 7 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Badge Replacement $5 After School/Camp Programs Camps 20%-50% After -School Peen 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% Ordinance No. 2018-13 Page 4 of 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% Ordinance No. 2018-13 Page 5 of 7 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. 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. 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: o-wit: AYES: Council Member Jeff Herdman, Council Member Kevin Muldoon, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill NAYS: None RECUSED: Mayor Duffy Duffield MARSHALL "DUFFY" DUFFIELD, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 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: Council Member Jeff Herdman, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill NAYS: Council Member Kevin Muldoon RECUSED: Mayor Duffy Duffield ATTEST: A14 � i., t LEILANI I. BROWN, CITY CLERK APPROVED_AS FORM: CITY AT R 'S OFFICE AARON C.FIARP, CITY ATTORNEY MARSHALL "DUFFY" DUFFIELD, MAYOR o �n 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. 2018-13 was duly introduced on the 24th day of July, 2018, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 141h day of August, 2018, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Jeff Herdman, Council Member Diane Dixon, Council Member Scott Peotter, Council Member Brad Avery, Mayor Pro Tem Will O'Neill NAYS: Council Member Kevin Muldoon RECUSED: Mayor Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 151h day of August, 2018. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } Leilani I. Brown, M C City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2018-13 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 newspaper of general circulation on the following dates: Introduced Ordinance: July 28, 2018 Adopted Ordinance: August 18, 2018 In witness whereof, I have hereunto subscribed my name this o?.3 day of &0,444 2018. :> T' aniI. rown, MMC c �P ity Cl k �"OR" City of Newport Beach, California