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Home My WebLink About03 - Amending Exhibit A of Section 3.36.030 of the NBMC Relating to Cost Recovery to Update Library Photocopying FeesQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report June 22, 2021 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Scott Catlett, Finance Director/Treasurer - 949-644-3123, scatlett@newportbeachca.gov PREPARED BY: Evelyn Tseng, Revenue Manager, etseng@newportbeachca.gov PHONE: 949-644-3153 TITLE: Ordinance No. 2021-13: Amending Exhibit A of Section 3.36.030 of the Newport Beach Municipal Code Relating to Cost Recovery to Update Library Photocopying Fees /_1 16"t I:f_Tel 6 Ordinance No. 2021-13 was introduced and considered at the June 8, 2021, City Council meeting. The ordinance would amend Newport Beach Municipal Code (NBMC) Section 3.36.030 to subsidize the cost of black and white copies at the Newport Beach Public Library (Library), so that the per copy cost remains at $0.15. 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. 2021-13, 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. DISCUSSION: On June 8, 2021, the City Council introduced Ordinance No. 2021-13 (Attachment A) and passed, by a 7-0 vote, the item to a second reading for adoption with no further changes. The ordinance amends Exhibit A of NBMC Section 3.36.030 to keep the cost of black and white copies at the Library to $0.15 per copy. FISCAL IMPACT: Approximately 23,000 black and white copies are made at the Library and its branches each (non -pandemic) year. The General Fund would subsidize the black and white copy service at approximately $5,520 per year. Because the current copy fee is set at $0.15 per page for the Library's copiers, no impact to the City of Newport Beach's historical level of copier revenue will result from the proposed subsidy. 3-1 Ordinance No. 2021-13: Amending Exhibit A of Section 3.36.030 of the Newport Beach Municipal Code Relating to Cost Recovery to Update Library Photocopying Fees June 22, 2021 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: Attachment A — Ordinance No. 2021-13 3-2 Attachment A Ordinance No. 2021-13 3-3 ORDINANCE NO. 2021-13 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, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, the 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 March 9, 2021, the City Council adopted Resolution No. 2021-21, which approved the increase in the cost of black and white copies at the City Library's copiers from $0.15 to $0.30; WHEREAS, on March 23, 2021, the City Council adopted Ordinance No. 2021-7, which amended Exhibit "A" to Section 3.36.030 (Cost Recovery Percentages) of the NBMC; 3-4 Ordinance No. 2021-13 Page 2 of 7 WHEREAS, in order to align black and white copy fees with libraries comparable to the City and provide the public with an affordable means to photocopy documents, furthering the Library's role as a community resource, City staff recommends the cost of black and white copies be returned to $0.15; 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: 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. 3-5 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Community Development Department Chapter 17.65 Appeal—Applicant 0% Successful Chapter 17.65 Appeal to City Council — $940 Applicant Unsuccessful Chapter 17.65 Appeal to Harbor $1,250 Commission — Applicant Unsuccessful Building Appeals Board Hearing—Applicant 0% Successful Appeals Board Hearing—Applicant $1,715 Unsuccessful 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 3-5 Ordinance No. 2021-13 Page 3 of 7 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Coastal Development Permit Application Appeals from Zoning Administrator to Planning Commission 0% Reasonable Accommodation 0% Finance Department Admin. Cite Hearings 0% Parking Hearings 0% Payment Plans (Except Parking) $25 Short Term Lodging Permit Suspension or Revocation Hearing — Applicant Successful 0% Short Term Lodging Permit Suspension or Revocation Hearing— Applicant Unsuccessful 50% Zero Bill Reprint 0% 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 50-299 Rooms 36% 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% Ordinance No. 2021-13 Page 4 of 7 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Harbor Department Chapter 17.65 Appeal—Applicant Successful 0% Chapter 17.65 Appeal to City Council – Applicant Unsuccessful $940 Chapter 17.65 Appeal to Harbor Commission – Applicant Unsuccessful $1,250 Library Services Department Black and White copies $0.15 Passport Photo $10 Use Fees—Materials $1 Inter -Library Loan $5 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 Tum -In Fee $100 Impound Fee—Dogs, Cats, Small Animals $55 Public Works Department Chapter 17.65 Appeal—Applicant Successful 0% Chapter 17.65 Appeal to City Council – Applicant Unsuccessful $940 Chapter 17.65 Appeal to Harbor Commission – Applicant Unsuccessful $1,250 RGP Dredging Permit 42% Recreation and Senior Services 3-7 Ordinance No. 2021-13 Page 5 of 7 Service Percentage of Cost or Amount to Be Recovered from Direct Fees 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 500/6-95% Class Refunds $74 or less $10 $75 or more $20 Youth Sports 20%-50% Special Events—Levels 1, 2, and 3 Resident, Level I 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 2-3 500/0-95% Appeal to City Council 500/6-95% Natural Resources Programs 0%-20% Senior Services Oasis Transportation $1—$3 each way Contract Classes 20%-50% Fitness Center 50%-95% Utilities Department Construction Water Meter Establishment 50% Fats, Oils, and Grease (FOG) Annual Permit 0% City Council, Board, Commission, Committee or Any Individual Member WX Ordinance No. 2021-13 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 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. 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. 3-9 Percentage of Cost or Amount to Be Recovered from Direct Service Pees 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. 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. 3-9 Ordinance No. 2021-13_ Page 7 of 7 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 8th day of June, 2021 and adopted on the 22nd day of June, 2021, by the following vote, to -wit: AYES: NAYS: ABSENT: BRAD AVERY, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE '0'_' ff C- AAJ�ON C. HARP, CITY AT ORNEY 3-10