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Home My WebLink About03 - Amending the Newport Beach Municipal Code to Remove Reference to License Supervisor and License InspectorQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report November 29, 2022 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Michael Gomez, Acting Finance Director/Treasurer - 949-644-3124, mgomez@newportbeachca.gov PREPARED BY: Evelyn Tseng, Revenue Manager, etseng@newportbeachca.gov PHONE: 949-644-3153 TITLE: Ordinance No. 2022-23: Amending the Newport Beach Municipal Code to Remove Reference to License Supervisor and License Inspector ABSTRACT: On November, 15, 2022, the City Council introduced Ordinance No. 2022-23 to remove references to the license supervisor and license inspector positions, and to update Newport Beach Municipal Code (NBMC) Section 1.12.020(C) to authorize Finance Department staff, as designated by the finance director, to issue citations for violations of NBMC Titles 3, 5, 6 and 10, Section 12.40.060, and Chapter 12.62 and 12.63; and NBMC Section 5.12.230(E) to allow Revenue Division staff to review and renew the driver's permit required pursuant to NBMC Section 5.12. For the City Council's consideration is the adoption of Ordinance No. 2022-23, to revise NBMC Sections 1.12.020(C) and 5.12.230(E). 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. 2022-23, An Ordinance of the City Council of the City of Newport Beach, California, Amending Newport Beach Municipal Code Sections 1.12.020(C) and 5.12.230(E) to Remove Reference to License Supervisor and License Inspector. DISCUSSION: NBMC Section 1.12.020(C) authorizes the revenue manager, license supervisor and license inspector to issue citations for violations of Titles 3, 5, 6, 10, Section 12.40.060 and Chapters 12.62 and 12.63. The ability to issue citations ensures compliance with business license, short term lodging, and other permit requirements. 3-1 Ordinance No. 2022-23: Amending the Newport Beach Municipal Code to Remove Reference to License Supervisor and License Inspector November 29, 2022 Page 2 The license supervisor and license inspector titles were removed several years ago, and those functions are now performed by the management assistant and senior fiscal clerk. Ordinance No. 2022-23 would update NBMC Section 1.12.020(C) to remove references to the defunct titles, and give the finance director the authority to designate the department staff who would issue citations for violations of the NBMC sections named above. NBMC Section 5.12.230(E) provides that applications for renewal of driver's permits, related to vehicles for hire, shall be made with the license supervisor. Ordinance No. 2022-23 would update NBMC Section 5.12.230(E) so that applications for renewal are submitted to the Revenue Division. The revised ordinance, if adopted, will take effect 30 days after adoption, with an effective date of December 29, 2022. FISCAL IMPACT: There is no fiscal impact related to this item. 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. 2022-23 3-2 ATTACHMENT A ORDINANCE NO. 2022-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 1.12.020(C) AND 5.12.230(E) TO REMOVE REFERENCE TO LICENSE SUPERVISOR AND LICENSE INSPECTOR WHEREAS, Section 200 of the Charter of the City of Newport Beach ("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, power, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, Newport Beach Municipal Code ("NBMC") Section 1.12.020(C) authorizes the Revenue Manager, License Supervisor and License Inspectors to issue citations for violations of NBMC Titles 3, 5, 6 and 10, as well as Section 12.40.060 and Chapters 12.62 and 12.63; WHEREAS, NBMC Section 5.12.230(E) requires applications for renewal of a driver's permit to operate a vehicle for hire be made with the License Supervisor; WHEREAS, the positions of Management Assistant and Senior Fiscal Clerk in the Revenue Division now perform the functions of the License Supervisor and License Inspector, and the License Supervisor and License Inspector titles no longer exist; and WHEREAS, to ensure compliance with NBMC Titles 3, 5, 6 and 10, as well as Section 12.40.060 and Chapters 12.62 and 12.63, the City Council wishes to authorize qualified staff in the Revenue Division designated by the Finance Director to issue citations, and to direct applications for renewal of driver's permits to operate a vehicle for hire. 3-3 Ordinance No. 2022- Page 2 of 3 NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: NBMC Section 1.12.020(C) is hereby amended to read as follows: The Revenue Manager and department staff designated by the Finance Director shall have the power to issue citations for any violations of Titles 3, 5, 6 and 10 of this Code, Section 12.40.060 of this Code and Chapters 12.62 and 12.63 of this Code. Section 2: NBMC Section 5.12.230(E) is hereby amended to read as follows: Term —Renewal. A driver's permit shall expire on the last day of the twelfth month following its issuance. Applications for renewal shall be made with the Revenue Division of the Finance Department on or before the first day of the month in which the permit expires. The fee for renewal made within the prescribed period shall be as established by resolution of the City Council. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: 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 5: 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 6: 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. 3-4 Ordinance No_ 2022- Page 3 of 3 Section 7: 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 15th day of November, 2022, and adopted on the 29th day of November, 2022, by the following vote, to -wit: AYES: NAYS: ABSENT: KEVIN MULDOON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 3-5