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Home My WebLink About2022-10 - Amending Newport Beach Municipal Code Sections 3.36.010, 3.36.020, and 3.36.030 Related to Cost RecoveryORDINANCE 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; Ordinance No. 2022-10 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. Ordinance No. 2022-10 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: Ordinance No. 2022-10 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. 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 Ordinance No. 2022-10 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. 2022-10 Page 6 of 12 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 Ordinance No. 2022-10 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 Ordinance No. 2022-10 Page 8 of 12 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 Ordinance No. 2022-10 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% Ordinance No. 2022-10 Page 10 of 12 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 Ordinance No. 2022-10 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. Ordinance No. 2022-10 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: Mayor Pro Tem Blom, Council Member Brenner, Council Member Dixon, Council Member O'Neill NAYS: Mayor Muldoon RECUSED: Council Member Duffie ABSENT: Council Member Ave ATTEST: 096i ,,1 . wwk"" LEILANI 1. BROWN, 61TY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CRY ATTORNEY 1\L V 1114 IVIVL 114, MAYOR 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. 2022-10 was duly introduced on the 121h day of April, 2022, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 26th day of April, 2022, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tem Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Will O'Neill NAYS: Mayor Kevin Muldoon RECUSED: Council Member Duffy Duffield ABSENT: Council Member Brad Avery IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of April, 2022. STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } r 04417hifiN �J�" Leilani I. Brown, MM 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. 2022-9 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: April 16, 2022 Adopted Ordinance: April 30, 2022 In witness whereof, I have hereunto subscribed my name this day of May, 2022. s Leilani I. Brown, MMC City Clerk City of Newport Beach, California