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HomeMy WebLinkAbout06 - Amending NBMC Sections 3.36.010, 3.36.020, and 3.36.030 Related to Cost RecoveryQ �EwPpRT CITY OF s NEWPORT BEACH `q4�:09 City Council Staff Report April 26, 2022 Agenda Item No. 6 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Scott Catlett, Finance Director/Treasurer - 949-644-3123, scatlett@newportbeachca.gov PREPARED BY: Amber Haston, Senior Budget Analyst, ahaston@newportbeachca.gov PHONE: 949-644-3021 TITLE: Ordinance No. 2022-10: Amending Newport Beach Municipal Code Sections 3.36.010, 3.36.020, and 3.36.030 Related to Cost Recovery ABSTRACT: For the City Council's consideration is the adoption of Ordinance No. 2022-10, amending Sections 3.36.010 (Findings), 3.36.020 (Definitions), and 3.36.030 (Cost Recovery Percentages), of the Newport Beach Municipal Code (NBMC) to facilitate the changes to authorized levels of cost recovery required by the fee changes that were approved by the City Council on April 12, 2022. 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. 2022-10, An Ordinance of the City Council of the City of Newport Beach, California, Amending Subsection 3.36.010 of the NBMC (Findings) to Clarify the Finding Related to User Services, Subsection 3.36.020 of the NBMC (Definitions) to Update the Definition of User Services, Amending Exhibit A of Section 3.36.030 of the NBMC (Cost Recovery Percentages) to Update the Modification Percentage for User Services, and Amending Subsection 3.36.030(E) of the NBMC to Update Waiver of Fees for Service. DISCUSSION: On April 12, 2022, after a noticed public hearing, the City Council adopted Resolution No. 2022-23, approving the Fiscal year 2021-22 Fee Study Update and introduced and passed to second reading Ordinance No. 2022-10, which amends Subsection 3.36.010 of the NBMC (Findings) to clarify the finding related to user services, Subsection 3.36.020 of the NBMC (Definitions) to update the definition of user services, Exhibit A of Section 3.36.030 of the NBMC (Cost Recovery Percentages) to update the modification percentage for user services, and Subsection 3.36.030(E) of the NBMC to update waiver of fees for service. 6-1 Ordinance No. 2022-10: Amending Newport Beach Municipal Code Sections 3.36.010, 3.36.020, and 3.36.030 Related to Cost Recovery April 26, 2022 Page 2 FISCAL IMPACT: Staff estimates that the fee updates in Resolution No. 2022-23 adopted at the April 12, 2022 City Council meeting, and associated Ordinance No. 2022-10 changes introduced at the same meeting, will amount to approximately $608,324 in additional revenues to the General Fund. However, this projection does not account for any fees where volume statistics are unavailable. The City Council's policy of ensuring regular review of the City of Newport Beach's (City's) cost -of -service fees and adequate cost recovery will continue to ensure adequate cost recovery from users of the City's fee -related services. This then facilitates the redirection of general tax revenue currently subsidizing fee -supported services to maintaining and enhancing non -fee supported services and programs. 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). ATTACHMENTS: Attachment A —Ordinance No. 2022-10 Attachment B — Amended Newport Beach Municipal Code (redline) 6-2 Attachment A Ordinance No. 2022-10 6-3 ORDINANCE NO. 2022-10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 3.36.010, 3.36.020, AND 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, Section 3.36.010 (Findings) of the Newport Beach Municipal Code ("NBMC") provides findings supporting the cost recovery for user services; WHEREAS, Section 3.36.020 (Definitions) of the NBMC provides the definitions that apply to cost recovery for user services; WHEREAS, Subsection (A) of Section 3.36.030 (Cost Recovery Percentages) of the 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, Subsection (E) of Section 3.36.030(Cost Recovery Percentages) of the NBMC provides for the waiver of fees for service established in the fee resolution; 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; ME Ordinance No. 2022 - Page 2 of 12 WHEREAS, on March 10, 2022, 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 revisions to Subsection (B) of Section 3.36.010 (Findings), 3.36.020 (Definitions), and Subsection (E) and 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: Subsection (B) of Section 3.36.010 (Findings) of the NBMC, is hereby amended to read as follows: 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 requesting to participate 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 program participation, and are traditionally funded in whole or in part from fees charged to the person who initiates the service or program participation. Section 2: Section 3.36.020 (Definitions) of the NBMC, is hereby amended to read as follows: 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. 6-5 Ordinance No. 2022 - Page 3 of 12 "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 services or programs that are initiated by express request or by an application submitted by the person requesting the service or requesting to participate in the program, which primarily benefits the person requesting the service or program participation. User services include the services and programs identified in the user fee resolution adopted by the City Council and which are funded, in whole or in part, by fees or charges imposed on the person requesting the service or program participation in an amount based on the most recent cost of services studies. User services do not include municipal services traditionally funded by tax revenue, that are typically performed without the express request of a person, or for the public benefit generally. Section 3: Subsection (E) of Section 3.36.030 (Cost Recovery Percentages) of the NBMC, is hereby amended to read as follows: E. Fees for service established in the fee resolution may be waived by: 1. The City Council; 2. The City Manager, up to an amount not to exceed one thousand dollars ($1,000), per occurrence, for fees imposed on nonprofit organizations for nonprofit sponsored events; or 3. The City Manager or the Finance Director up to an amount not to exceed five thousand dollars ($5,000.00), per occurrence, if the City Manager or Finance Director determines that the imposition of the fee would exceed the actual cost to the City or would result in duplicative fees for services rendered. Section 4: Exhibit "A" to Section 3.36.030 (Cost Recovery Percentages) of the NBMC, is hereby amended to read as follows - MR Ordinance No. 2022 - Page 4 of 12 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. 6-7 Percentage of Cost or Amount to Be Recovered from Direct Service Fees All Departments Appeals – for any user services 0% appeal not otherwise specified – Applicant Successful Appeals – for any user services 50% Appeal not otherwise specified – Applicant Unsuccessful Community Development Department Chapter 17.65 Appeal—Applicant 0% Successful Chapter 17.65 Appeal to City $940 Council—Applicant Unsuccessful Chapter 17.65 Appeal to Harbor $1,250 Commission —Applicant Unsuccessful Building Appeals Board Hearing—Applicant 0% Successful 6-7 Ordinance No. 2022 - Page 5 of 12 .: Percentage of Cost or Amount to Be Recovered from Direct Service Fees 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 Coastal Development Permit 0% Application Appeals from Zoning Administrator to Planning Commission Reasonable Accommodation 0% Finance Department Admin. Cite Hearings 0% Parking Hearings 0% Payment Plans (Except Parking) $25 Short Term Lodging Permit 0% Suspension or Revocation Hearing—Applicant Successful .: Ordinance No. 2022 - Page 6 of 12 0=0 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Short Term Lodging Permit 50% Suspension or Revocation Hearing—Applicant Unsuccessful Zero Bill Reprint 0% Fire Department Emergency Medical Services Advanced Life Support (ALS)— $400 Nontransport Basic Life Support (BLS)— $400 Nontransport ALS First Responder Fee $400 BLS First Responder Fee $400 Harbor Department Chapter 17.65 Appeal—Applicant 0% Successful Chapter 17.65 Appeal to City $940 Council—Applicant Unsuccessful Chapter 17.65 Appeal to Harbor $1,250 Commission—Applicant Unsuccessful Library Services Department 0=0 Ordinance No. 2022 - Page 7 of 12 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Black and White Copies from Self- Service Copiers or Printers $0.15 Color Copies from Self -Service Copier or Printer $0.45 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 6-10 Ordinance No. 2022 - Page 8 of 12 6-11 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Boarding Fee (per day)—Animals $25 Boarding Fee (per day)—Small $10 Animals Owner Turn -In Fee $100 Impound Fee—Dogs, Cats, Small $55 Animals Public Works Department Chapter 17.65 Appeal—Applicant 0% Successful Chapter 17.65 Appeal to City $940 Council—Applicant Unsuccessful Chapter 17.65 Appeal to Harbor $1,250 Commission—Applicant Unsuccessful RGP Dredging Permit 42% Recreation and Senior Services Department Adult Sports 50%-95% Administrative Processing Fee $5 Badge Replacement $5 After School/Camp Programs 6-11 Ordinance No. 2022 - Page 9 of 12 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Camps 20%-50% After-School/Teen Program 20%-50% Preschool 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 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 –Applicant 0% 6-12 Ordinance No. 2022 - Page 10 of 12 6-13 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Successful Appeal to City Council –Applicant 50%-95% Unsuccessful 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 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 6-13 Ordinance No. 2022 - Page 11 of 12 Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: 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 7: 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 8: 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 9: 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. 6-14 Ordinance No. 2022 - Page 12 of 12 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 12th day of April, 2022 and adopted on the 26th day of April, 2022, by the following vote, to -wit: AYES: NAYS: ABSENT: KEVIN MULDOON, MAYOR I:Na1*30 LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 6-15 Attachment 6 Amended Newport Beach Municipal Code (redline) 6-16 Chapter 3.36 COST RECOVERY FOR USER SERVICES 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 paFtieipat+Rgreguesting to participate 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 program participation, and are traditionally funded in whole or in part from fees charged to the person who initiates the servicesservice or program participation. 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 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 chapter, including, Section 66000 et seq. of the Government Code, and Articles XIIIC and XIIIB of the State Constitution. (QFd. 2008 14 § , (Exh ,) (paFt) 2004: n. r 07 4 § 1 (part) 1997) 6-17 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 th-e-services or programs that are initiated by express request or by an application submitted by the person requesting the service or requesting to participate in the program, which primarily benefits the person requesting the service or program participation. User services include the services and program identified in the ^^user fee resolution adopted by the City Council and which are funded, in whole or in part, by fees or charges imposed on the use person requestin g# the service or program participation in an amount based on the most recent cost of service studies. User services do not include municipal services traditionally funded by tax revenue, that are typically performed without the express request of a person, or for the public benefit generally. (04 2008 1 Exh. 1 +' 2908: ord. 9 Q § 1 (paFt) 199: 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 one hundred (100) percent 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. 6-18 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 be waived by: 1. -tThe City Council.. -L 2. -The City Manager or the Finance Director up to an amount not to exceed one thousand dollars ($1,000.00), per occurrence, for nq,�fees imposed on nonprofit organizations for nonprofit sponsored events. ^* REA to ^ ed ^ ^ *h^„ -Sand dE)llaFS ($1,000.00) per year. 3. The City Manager or the Finance Director up to an amount not to exceed five thousand dollars ($5,000.00), per occurrence, if the City Manager or Finance Director determines that the imposition of the fee would exceed the actual cost to the City or would result in duplicative fees for services rendered. 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. 6-19 Percentage of Cost or Amount to Be Recovered from Direct Service Fees All Departments Appeals – for any user services 0% appeal not otherwise specified – Applicant Successful Appeals – for any user services 50% appeal not otherwise specified – Applicant Unsuccessful Community Development Department Chapter 17.65 Appeal—Applicant 0% Successful Chapter 17.65 Appeal to City $940 Council—Applicant Unsuccessful 6-19 6-20 Percentage of Cost or Amount to Be Recovered from Direct Service Fees 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 Coastal Development Permit 0% Application Appeals from Zoning Administrator to Planning Commission Reasonable Accommodation 0% Finance Department Admin. Cite Hearings 0% 6-20 Service Percentage of Cost or Amount to Be Recovered from Direct Fees 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 Circ. Dr n+:n G_aA d.,e Perm i+ P F a g F a M 7V0 6-21 Service Percentage of Cost or Amount to Be Recovered from Direct Fees CemmeFeial Day CaFe Facilities 3"0 Hetels/Me 50-2o�,S Hetels/Me 300 eF Mere Reems 92.4% OpeFati6�°eri'�i'*5�= 4" OpeFatiena Pefmits�cv^"c^Ir2 Reside.,+i-al rare Pacility o,-.,Iic-.PA.-„ I E+' en 9"0 Special Event Re she Vent 8"0 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 6-22 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Black and White Copies from Self- Service Copiers or Printers $0.15 Color Copies from Self -Service $0.45 Copier or Printers 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 6-23 6-24 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Boarding Fee (per day)—Small $10 Animals Owner Turn -In Fee $100 Impound Fee—Dogs, Cats, Small $55 Animals Public Works Department Chapter 17.65 Appeal—Applicant 0% Successful Chapter 17.65 Appeal to City $940 Council—Applicant Unsuccessful Chapter 17.65 Appeal to Harbor $1,250 Commission—Applicant Unsuccessful RGP Dredging Permit 42% 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% 6-24 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Preschool 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 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 – Applicant 0% Successful Appeal to City Council – Applicant Unsuccessful 50%-95% Natural Resources Programs 0%-20% 6-25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... . . . . . ... .I 21"W-0 NI 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 6-26 Percentage of Cost or Amount to Be Recovered from Direct Service Fees Senior Services Oasis Transportation $1—$3 each way Contract Classes 20%-50% Fitness Center 50%-95% Utilities Department 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ... . . . . . ... .I 21"W-0 NI 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 6-26 practical, the late fees and interest shall be uniform for all user fees. (Ord. 2008 14 § 1 (Ex" 1 ` (n- r*` -20-0-2- Ord 97 9§ 1 (p@Ft)199:7) 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. (Ord. 2008 14§1(Exh. 1) (part), 200-8-- Ord -97-R- § i, 19 9 7 ) 6-27