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HomeMy WebLinkAbout03 - Amending Exhibit A to NBMC Section 3.36.030 Related to Cost RecoveryQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report June 23, 2020 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: Ordinance No. 2020-10: 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. 2020-10, 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. 2020-10, 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 June 9, 2020, after a noticed public hearing, the City Council introduced and passed to second reading Ordinance No. 2020-10, which updates Exhibit A to Municipal Code Section 3.36.030 related to cost of service recovery. 3-1 Ordinance No. 2020-10: Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost Recovery June 23, 2020 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. ► Is] IINIZ1 a 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. 2020-10 3-2 ATTACHMENT A ORDINANCE NO. 2020-10 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 a person requesting the service; WHEREAS, Subsection 3.36.030(A) of the Newport Beach Municipal Code ("NBMC") 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 Section 3.36.030 (Cost Recovery Percentages) of the NBMC; 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 Section 3.36.030 (Cost Recovery Percentages) of the NBMC, 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 February 13, 2020, the proposed revisions to Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC, were presented as a receive and file to the City's Finance Committee; and WHEREAS, City staff recommends the City Council adopt the proposed revision as depicted in Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Exhibit "A" to Section 3.36.030 (Cost Recovery Percentages) of the NBMC, is hereby amended to read as follows: 3-3 Ordinance No. 2020-10 Page 2 of 6 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. Service Percentage of Cost or Amount to Be Recovered from Direct Fees Community Development Department Building Appeals Board Hearing—Applicant Successful 0% Appeals Board Hearing—Applicant Unsuccessful $1,715 Harbor Construction 50% Preliminary Plan Review First Two Hours Free, Full Cost Thereafter Planning Appeals to City Council $1,715 Appeals to Planning Commission $1,715 Coastal Development Permit Application Appeals from Zoning Administrator to Planning Commission 0% Reasonable Accommodation 0% Recreation and Senior Services Department Adult Sports 50%-95% Administrative Processing Fee $5 Badge Replacement $5 After School/Camp Programs Camps 20%-50% After-School/Teen Program 20%-50% Pre -School Program 20%-50% Aquatics 20%-50% Contract Classes 50%-95% Class Refunds $74 or less $10 3-4 Ordinance No. 2020-10 Page 3 of 6 Service Percentage of Cost or Amount to Be Recovered from Direct Fees $75 or more $20 Youth Sports 20%-50% Special Events—Levels 1, 2, and 3 Resident, Level 1 and Late Fees for Level 1 0%-20% Resident, Levels 2-3 and Late Fees for Levels 2-3 20%-50% Nonresident, Levels 1-2 and Late Fees for Level 1 20%-50% Nonresident, Level 3 and Late Fees for Levels 2-3 50%-95% Appeal to City Council 50%-95% Natural Resources Programs 0%-20% Senior Services Oasis Transportation $1—$3 each way Contract Classes 20%-50% Fitness Center 50%-95% Library Services Department Passport Photo $10 Use Fees—Materials $1 Inter -Library Loan $5 Fire Department Emergency Medical Services Advanced Life Support (ALS)— Nontransport $400 Basic Life Support (BLS)— Nontransport $400 ALS First Responder Fee $400 BLS First Responder Fee $400 Fire Prevention Candle Permit Program 76% Care Facilities 7-99 Clients 36% Care Facilities >99 Clients 40.8% Commercial Day Care Facilities 36% Hotels/Motels 36% 3-5 Ordinance No. 2020-10 Page 4 of 6 Service Percentage of Cost or Amount to Be Recovered from Direct Fees 50-299 Rooms Hotels/Motels 300 or More Rooms 92.4% Operational Permits—Level 1 40% Operational Permits—Level 2 38.1% Residential Care Facility Prelicense Inspection 96% Special Event Permits—Single Event 88% State Fire Clearance 82% Junior Lifeguards Junior Lifeguards—Participation Fee $727 Police Department Bike Licenses 17% Secondhand/Pawn Dealer Tag Check 0% Registrant—Narcotics 0% Animal Shelter Adoption Fee – Dogs $150 Adoption Fee – Puppies $225 Adoption Fee – Cats $90 Adoption Fee – Kittens $110 Adoption Fee – Small Animals $45 Boarding Fee (per day) – Animals $25 Boarding Fee (per day) – Small Animals $10 Owner Turn -In Fee $100 Impound Fee – Dogs, Cats, Small Animals $55 Public Works Department Engineering Encroachment Permit without Other Department/Division Review 88% Encroachment Permit with Other Department/Division Review 57% Harbor Department Appeal of Lease/Permit under Section 17.65 $100 m Ordinance No. 2020-10 Page 5 of 6 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 or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and adoption of 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3-7 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Finance Department Payment Plans (Except Parking) $25 Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water Meter 50% Establishment Fats, Oils, and Grease (FOG) 0% 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 Body or $0 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 or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and adoption of 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 3-7 Ordinance No. 2020-10 Page 6 of 6 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, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar 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 9th day of June, 2020, and adopted on the 23rd day of June, 2020, by the following vote, to -wit: AYES: NAYS: ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 3-8