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HomeMy WebLinkAbout10 - Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes (PA2024-0015)Q SEW Pp�T CITY OF z NEWPORT BEACH c�<,FORN'P City Council Staff Report March 12, 2024 Agenda Item No. 10 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Assistant City Manager/Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Jaime Murillo, Acting Deputy Community Development Director - 949-644-3209, jmurillo@newportbeachca.gov TITLE: Ordinance No. 2024-6 and Resolution Nos. 2024-18 and 2024-19: Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes (PA2024-0015) ABSTRACT: For the City Council's consideration are code enforcement enhancements needed to enforce unpermitted vending on any public property not meeting the definition of a sidewalk or pathway. Such areas include, but are not limited to, alleys, beaches, piers, squares, streets, street ends, and parking lots. Enhancements include: 1) amending Chapter 10.08 to include authority to impound equipment and items used in violation of current code; 2) adoption of an impound fee to allow cost recovery of impoundment and storage of items; 3) changes to staffing; and 4) purchase of an all -terrain vehicle and trailer. RECOMMENDATIONS: a) Conduct a public hearing; b) 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; c) Waive full reading, direct the City Clerk to read by title only, introduce Ordinance No. 2024-6, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 10.08.030 (Use of Public Property for Commercial Purposes) of the Newport Beach Municipal Code, and pass to second reading on March 26, 2024; d) Adopt Resolution No. 2024-18, A Resolution of the City Council of the City of Newport Beach, California, Setting the Amount of Impoundment Fees Related to Unauthorized Use of Public Property for Commercial Purposes and Amending the Schedule of Rents, Fines and Fees; e) Adopt Resolution No. 2024-19, A Resolution of the City Council of the City of Newport Beach, California, Adding a Part -Time Public Works Maintenance Aide Position to the Public Works Department, and Upgrading a Part -Time Code Enforcement Officer Position to a Full -Time Code Enforcement Officer Position Within the Community Development Department; and 10-1 Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes March 12, 2024 Page 2 f) Approve Budget Amendment No. 24-054, for $36,748.02 in increased expenditure appropriations in FY 2023-24 for the Unpermitted Commercial Use of Public Property Impounds. DISCUSSION: On November 27, 2018, the City Council adopted Ordinance No. 2018-19, implementing sidewalk vending regulations in compliance with Senate Bill 946 (Safe Sidewalk Vending Act). Despite the City of Newport Beach's efforts to implement a comprehensive ordinance (Chapter 5.97 [Sidewalk Vending Program] of the Newport Beach Municipal Code), which includes permitting, location and operational requirements, state law decriminalized unpermitted sidewalk vending. Consequently, there has been a notable increase in unpermitted vending within the city, extending beyond sidewalks to beaches and piers. Additionally, independent of sidewalk vending regulations, the City prohibits the commercial use of public property in accordance with Newport Beach Municipal Code (NBMC) Section 10.08.030 (Use of Public Property for Commercial Purposes). Despite code enforcement efforts, unauthorized commercial activities persist, particularly during peak tourist seasons and summer months. One contributing factor is the reluctance of individuals engaged in unauthorized commercial activities to provide identification or carry identification on their person, impeding citation issuance. Moreover, City Code Enforcement Division officers observe that individuals or groups engaged in commercial activities often return to prohibited areas after the officers depart. The challenge of patrolling beaches, due to their vast expanse and the difficulty of navigating sand, further complicates enforcement efforts. The rise in unauthorized commercial activities on public property has prompted complaints from both the public and lifeguards. At the February 3, 2024, City Council Planning Session, staff presented a comprehensive overview of proposed enhancements to the code enforcement program aimed at addressing the increase of unpermitted vending on any public property not meeting the definition of a sidewalk or pathway. Such areas include, but are not limited to, alleys, beaches, piers, squares, streets, street ends, and parking lots. The City Council expressed general support for the proposed enhancements, recognizing the need for proactive measures to mitigate the issue. Impound Authority NBMC Section 10.080.030 (Use of Public Property for Commercial Purposes) prohibits the use of any public right-of-way or parkway or other public property for the purpose of storing or displaying any equipment, goods, materials or merchandise, or any other commercial purpose. The proposed ordinance will amend the NBMC and authorize impoundment of equipment, goods, materials, merchandise and property, by authorized City employees, for a minimum of 30 days if said equipment was involved in the unauthorized use of public property for commercial purposes. City officials may also impound these items if it reasonably appears a person abandoned these items on public property. 10-2 Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes March 12, 2024 Page 3 The proposed amendment outlines procedures for authorized City employees to follow for the impoundment, including issuing receipts to individuals engaged in the unauthorized commercial use of public property. These receipts will contain information on the date and time of impoundment, a description of the seized items, and instructions on how to reclaim the impounded items and the process for appealing the impoundment. The ordinance authorizes City employees to immediately dispose of impounded goods or materials that cannot be safely stored or are perishable. Impounded items may be reclaimed after 30 days if the individual pays an impound fee and provides proper proof of ownership. Items not reclaimed within 60 days of impoundment will be deemed abandoned and forfeited to the City, which may dispose of them at its sole discretion. The ordinance provides individuals with the right to request an administrative hearing to appeal the impoundment of equipment and items (except those disposed of due to safety concerns or perishability). A redline version of the proposed amendment is included as Attachment E. Impound Fee NBMC Section 3.36 (Cost Recovery for User Services), City Council Policy F- 4 (Revenue Measures), and Item 12 of the Fiscal Sustainability Plan, provide policy guidance related to setting cost recovery targets and updating user fees. User fees, also known as cost -of -service fees, are charges levied on a private citizen or group for services performed or provided by a government agency on their behalf. The City Council adopted its current Schedule of Rents, Fines and Fees on June 13, 2023. Staff is recommending an Impound Fee to recover the City's costs for impounding, storing and disposing of impounded items. Using well -established cost accounting methodologies, the City's consultant, ClearSource, met with City staff to discuss staff resources and time estimates for impounding equipment and items associated with unauthorized commercial activities on public properties. According to the consultant's study, the cost of service, based on 100% cost recovery, is $319 per impound. Staff Enhancements Additional staffing is essential to handle the impoundment of large carts, which can require up to an hour for inventory and cleaning, as well as the daily cleaning of the storage facility. Additional tasks include the disposal of perishable items during impoundment, proper storage of equipment and materials, and accurate identification of individuals violating the City's ordinances. Staff enhancements include converting a part-time code enforcement officer position to full-time and adding a part-time Public Works maintenance aide position to the enforcement program. Equipment To implement the enforcement program discussed at the February 3, 2024, Planning Session, the City will purchase an all -terrain vehicle (ATV) to navigate on the beach sand and a trailer for transporting impounded items to the City's storage facility. The ATV is necessary for patrolling the City's beaches which stretch 9.3 miles. Without the ATV, the sand would significantly impede staff's ability to cover the beach areas. Training on how to drive the ATV will be mandatory for any staff member using the ATV. 10-3 Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes March 12, 2024 Page 4 FISCAL IMPACT: The budget amendment appropriates $36,748 in increased expenditure appropriations from the General Fund unappropriated fund balance. The purchase of the ATV and increase in salary and benefits will be expensed to expenditure accounts in the Community Development and Public Works Departments listed in Budget Amendment No. 24-054. Funding for maintenance of equipment in future fiscal years will be allocated during the development of the budget. Revenue generated by the Unpermitted Commercial Use of Public Property Impounds will be posted to the Code Enforcement Unpermitted Commercial Use Impound account in the Community Development Department, 01050503-531032 and budgeted in future fiscal years based on actuals. The table below identifies the annual cost and the fiscal impact on the current Fiscal Year (FY) 2023-24. Table 1 Fiscal Impacts Annual cost FY 2023-24 Impact One-time purchase of ATV and Trailer $15,000 Conversion of 0.75 FTE Code Enforcement Officer to $53,796 $11,162 Full-time Additional 0.70 FTE Public Works Maintenance Aide $34,404 $10,586 Total $88,200 $36,748 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 Government Code Sections 66018(a) and 6062a (published at least 10 days before the scheduled meeting, on two publication dates separated by at least five days between them: notices were published on February 24, 2024 and March 2, 2024), Government Code Section 66016(a) (notice mailed at least 14 days prior to the meeting to any interested party who files a written request: notices were mailed to Building Industry Association of Southern California, Southern California Edison, and Southern California Gas Company on February 27, 2024), and the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 10-4 Code Enforcement Enhancement Program Associated with the Use of Public Property for Commercial Purposes March 12, 2024 Page 5 ATTACHMENTS: Attachment A — Ordinance No. 2024-6 (Chapter 10.08 Amendment) Attachment B — Resolution No. 2024-18 (Impound Fees) Attachment C — Resolution No. 2024-19 (Staffing) Attachment D — Budget Amendment No. 24-054 Attachment E — Redlines to NBMC Chapter 10.08 10-5 Attachment A Ordinance No. 2024-6 (Chapter 10.08 Amendment) 10-6 ORDINANCE NO. 2024- 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 10.08.030 (USE OF PUBLIC PROPERTY FOR COMMERCIAL PURPOSES) OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, Section 200 of the City Charter, of the City of Newport Beach ("City"), 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 City 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, Section 10.08.030 (Use of Public Property for Commercial Purposes) of the Newport Beach Municipal Code ("Code") prohibits the unauthorized use of City property for commercial purposes; WHEREAS, the City is authorized to protect the public health, safety and welfare by ensuring that clean, safe, and accessible public property is maintained for all residents and visitors to enjoy; WHEREAS, there has been an increase in people using public property for commercial purposes; WHEREAS, the City Council desires to continue to protect the public health, safety and welfare including, but not limited to, the City's beaches and other public places by authorizing the administrative impoundment of equipment, goods, materials, merchandise and property used for conducting unauthorized commercial operations on City property; and WHEREAS, the City wishes to provide for a hearing procedure relating to any equipment, goods, materials, merchandise or property that has been impounded. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: 10-7 Ordinance No. 2024- Page 2 of 6 Section 1: Section 10.08.030 of the Code is amended in its entirety and shall read as follows: 10.08.030 Use of Public Property for Commercial Purposes. A. Except as otherwise provided in this section, no person shall use any public right- of-way or parkway or other public property for the purpose of storing or displaying any equipment, goods, materials or merchandise, or any other commercial purpose. B. Public rights -of -way or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: 1. For the transmission of water, sewer, gas, electricity, television, radio signals or similar substances or activity pursuant to a franchise granted by the City Council in accordance with the City Charter, City ordinance or State law; 2. For displaying newspapers and periodicals for sale, subject to compliance with the provisions of Chapter 5.70; 3. For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 and the storage is consistent with provisions of the Uniform Building Code, 4. For the temporary display and sale of goods or merchandise by an association of businesses adjoining any street or sidewalk, provided a permit is issued pursuant to Chapter 12.62 and the sale is consistent with Council Policy; 5. For the temporary sale or display of goods or merchandise in conjunction with a special event for which a permit has been issued by the City Manager pursuant to Chapter 11.03 of this Code and the City Council has approved a resolution of street closure pursuant to the authorization granted by the Cal. Veh. Code; 6. For the conduct of special celebrations, sporting events or similar activities involving a nonprofit corporation, nonprofit association, community organization or similar entity, provided a permit has been issued by the City Manager pursuant to Chapter 11.03 of this Code, the City Council has adopted a street closure resolution pursuant to the authority granted by the Cal. Veh. Code and, the event, celebration or activity is consistent with Council Policy; 7. For sidewalk dining subject to the provisions of Chapter 13.18; M Ordinance No. 2024- Page 3 of 6 8. For sidewalk vendors in compliance with Chapter 5.97. C. Sales, events, celebrations, or other activities authorized by this section shall be conducted in strict compliance with the following: 1. In no event shall any public right-of-way closure prohibit members of the public from accessing any business or residence; 2. The commercial activity authorized by subsection (13)(4) of this section shall be permitted no more than twice per calendar year; 3. The commercial activity authorized in subsections (13)(4) and (5) of this section shall not be permitted in any residential zoning district, 4. Sales or events requiring street closures shall be limited to seven (7) days or less; 5. The event sponsor may charge members of the public for access to the event or celebration, but the sponsor shall utilize a procedure which allows members of the public, without fee or charge, to access any property or structure within the area impacted by the closure; 6. The sponsor of the event shall provide, at the sponsor's sole cost and expense, all security personnel and traffic control equipment required by the City Manager; 7. The sponsor of the celebration or event shall provide insurance, which types and amounts shall be determined by the Risk Manager. D. The sponsor of any event, sale or celebration authorized by this section shall comply with all conditions imposed by the City Council, or City Manager pursuant to resolution or permit. E. If any person violates this section, the City may impound the person's equipment, goods, materials, merchandise and property. The City may also impound these items if it reasonably appears a person abandoned these items on public property. 1. The impoundment may be done by any City employee authorized to enforce this section. a. At the time of impoundment from a person, the City employee shall issue a receipt to the person that includes the date and time of the impoundment, a description of the items seized, instructions on how to 10-9 Ordinance No. 2024- Page 4 of 6 reclaim the impounded items, and the process to appeal the impoundment. b. The City may immediately dispose of impounded goods or materials that cannot be safely stored or that are perishable. c. The person may recover the impounded items after thirty (30) days if the person pays an impound fee, if any, along with showing proper proof of ownership. d. If the items are not reclaimed after sixty (60) days from impoundment, the impounded items will be deemed abandoned and forfeited to the City. The abandoned items may be disposed of at the City's sole discretion. e. The City Council may by resolution adopt impound fees, which shall reflect the City's enforcement, investigation, storage, and impound costs. 2. Any person who has equipment, goods, materials, merchandise or property impounded under this section shall have the right to file a request for an administrative hearing to appeal the impoundment. a. An appeal shall be filed with the City's Finance Department, in writing, on forms provided by the department within ten (10) days from the date of impoundment. b. The provisions related to Hearing Officers set forth in Section 1.05.070 of Chapter 1.05 of this Code shall apply. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. After considering all the testimony and evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing. If the person's appeal is upheld, the person shall have any items that were not disposed of in accordance with subsection (E)(1)(b) of this section returned to the person, and the person shall not be required to pay any impound fee. c. The person who has filed an appeal shall be served with a copy of the Hearing Officer's written decision in the manner prescribed by Section 1.08.080. The decision of the Hearing Officer shall be final as to the City and take effect on the date it is signed by the Hearing Officer. The Hearing Officer's decision shall be subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. 10-10 Ordinance No. 2024- 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. 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. 10-11 Ordinance No. 2024- Page 6 of 6 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 12th day of March, 2024, and adopted on the 26th day of March, 2024, by the following vote, to -wit: AYES: NAYS. - ABSENT: WILL O'NEILL, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY TTORNEY'S OFFICE C,- - - # o�— A ON C. HARP, CITY ATTORNEY 10-12 Attachment 6 Resolution No. 2024-18 (Impound Fees) 10-13 RESOLUTION NO. 2024- 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, SETTING THE AMOUNT OF IMPOUNDMENT FEES RELATED TO UNAUTHORIZED USE OF PUBLIC PROPERTY FOR COMMERCIAL PURPOSES AND AMENDING THE SCHEDULE OF RENTS, FINES, AND FEES WHEREAS, on March 12, 2024, the City Council of the City of Newport Beach ("City") introduced Ordinance No. 2024- 6 ("Ordinance") to amend Section 10.08.030 (Use of Public Property for Commercial Purposes) of the Newport Beach Municipal Code ("NBMC") by authorizing the impoundment of personal property used in violation of the Ordinance; WHEREAS, the enforcement and impoundment of personal property pursuant to the Ordinance will result in additional administrative and overhead costs to the City; WHEREAS, NBMC Section 3.36.010 (Findings) provides that services and programs that primarily benefit a person requesting the service are traditionally funded in whole, or in part, from fees charged to the person who initiates the service; WHEREAS, NBMC Section 3.36.030(A) (Cost Recovery Percentages) provides that the cost recovery percentage appropriate for each user service shall be one hundred percent (100%), unless the amount is modified as set forth in Exhibit A to that Section; WHEREAS, the City retained Clearsource Financial Consulting ("Consultant') to prepare a cost -of -service study for the City to determine the cost to the City for impoundment of personal property pursuant to the Ordinance; WHEREAS, the Consultant prepared the cost -of -service study, a summary of the results of which are attached hereto as Exhibit 1 and incorporated herein by this reference; and WHEREAS, the City Council desires to adopt an impound fee based on the cost - of -service study prepared by the Consultant to cover the cost of impounding personal property pursuant to the Ordinance. 10-14 Resolution No. 2024- Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby revises the Schedule of Rents, Fines, and Fees ("SRFF"), in part, as set forth in Exhibit 2, attached hereto and incorporated herein by reference. Except as explicitly revised by Exhibit 2, all other provisions of the SRFF shall continue in full force and effect. Section 2: Pursuant to Resolution No. 2021-21, a fee or charge may be automatically adjusted for changes in the Consumer Price Index ("CPI") for only three (3) consecutive years and shall not be adjusted for CPI until a cost study is conducted for that fee or charge, except for rental rates which shall be subject to annual CPI adjustments unless modified by a separate resolution. The first CPI adjustment to the fee adopted by this resolution, as set forth in Exhibit 2, shall commence on July 1, 2025, and be implemented in accordance with Resolution No. 2021-21. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, 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 adoption of this resolution 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. 10-15 Resolution No. 2024- Page 3 of 3 Section 6: This resolution shall take effect upon the effective date of the Ordinance, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of March, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE " (, ff ar n C. Harp City Attorney Attachment: Exhibit 1 - Cost of Service Analysis Exhibit 2 - Amendment to the Schedule of Rents, Fines, and Fees 10-16 EXHIBIT 1 User and Regulatory Fees Fee -Related Cost of Service Analysts Unpermitted Commercial Useof Public Property Impounds 10-17 City of Newport Beach Cost of Service Analysis COST OF SERVICE - UNPERMITTED COMMERCIAL USE OF PUBLIC PROPERTY IMPOUNDS PROPOSED FEES 10-18 City of Newport Beach User and Regulatory Fee Study Code Enforcement Cost of Service Calculation - Unpermitted Commercial Use of Public Property Impounds $155 1 $121 1 $149 [a] ProposedCurrent CodeEnf. PWTerh PW Crew Cost Proposed Cost Fee Description Officer Aide Chief Tota •fficer Aide Chief Total Current Fee Recovery Fee Recovery 1 Unpermitted Commercial Use of Public Property 0.75 0.75 0.75 2.25 $116 $91 $112 $319 r�7-new 046 $319 100i5 n/a -new n/a -new Impounds [a] Fully -burdened hourly rates based on findings from City user and regulatory fee studies. 10-19 City of Newport Beach BEFORE AND AFTER ILLUSTRATION - UNPERMITTED COMMERCIAL USE OF PUBLIC PROPERTY IMPOUNDS Note 1 Uapermitted Commercial Use of Public Property Impounds n/a - new $30 n/a - new n/a - new 0/ 100/ 4 10-20 Exhibit 2 - Amendment to the Schedule of Rents, Fines, and Fees - Unpermitted Commercial Use of Public Property Impounds Current Charges Proposed Charges Rounded down Fee @ Policy Level Adjustment From Previous Year Full CDst/M atket Value SERVICE NAME DESCRIPTION Total or ease Fee Inceemental- iotel 81 base Fee Incremental- 7ota3 or Base Incremental REFERENCE TYPE Total or ease Incremental- CPI Notes Implemenia[lon (]fop plicable} (if applicable) Fee Fee (il applicable) bate COMMUNITY DEVELOPMENT Personal property impounded for nd Fee violation of use of public property for Commercial purposes * Implementation date shall be the effective date of Ordinance $ 319 n M.C.20.08.030 COS -Fee 5319 CPI adjusted annually Yes commencing on My *.. 1,2025. 10-21 Attachment C Resolution No. 2024-19 (Staffing) 10-22 RESOLUTION NO. 2024- 19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, ADDING A PART- TIME PUBLIC WORKS MAINTENANCE AIDE POSITION TO THE PUBLIC WORKS DEPARTMENT, AND UPGRADING A PART-TIME CODE ENFORCEMENT OFFICER POSITION TO A FULL-TIME CODE ENFORCEMENT OFFICER POSITION WITHIN THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, on March 12, 2024, the City Council of the City of Newport Beach ("City") introduced Ordinance No. 2024- 6 ("Ordinance") to amend Section 10.08.030 (Use of Public Property for Commercial Purposes) of the Newport Beach Municipal Code by authorizing the impoundment of personal property used in violation of the Ordinance; WHEREAS, the current staffing level of the Public Works Department is not adequate to handle the receipt, inventory, storage, disposal, and cleaning requirements associated with the impound requirements under the Ordinance in addition to their existing daily operational duties; WHEREAS, the current staffing level of the Community Development Department is not adequate to handle the additional patrol, investigation, citation, and impoundment responsibilities of enforcing the Ordinance in addition to the existing daily enforcement responsibilities; WHEREAS, City Charter Section 601 requires the City Council to provide the number, titles, qualifications, powers, duties and compensation of all officers and employees; and WHEREAS, the City Council desires to add a part-time Maintenance Aide position within the Public Works Department, and upgrade a part-time Code Enforcement Officer position to a full-time Code Enforcement Officer position within the Community Development Department, to meet the demand of the additional enforcement and operational responsibilities under the Ordinance. 10-23 Resolution No. 2024- Page 2 of 3 NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: One part-time Public Works Maintenance Aide position shall be added to the Public Works Department staffing structure, and one part-time Code Enforcement Officer I position shall be upgraded to a full-time Code Enforcement Officer I position within the Community Development Department staffing structure. Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, 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 adoption of this resolution 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. 10-24 Resolution No. 2024- Page 3 of 3 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 12th day of March, 2024. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 10-25 Attachment D Budget Amendment No. 24-054 10-26 City of Newport Beach U x n BUDGET AMENDMENT 2023-24 BA#: 24-054 Department: Community Development ONETIME: ❑ yes ❑ No Requestor: Jaime Murrillo Approvals ❑ CITY MANAGER'S APPROVAL ONLY Finance Director: AIAWWW Date 212,10/21f 0 COUNCIL APPROVAL REQUIRED City Clerk: Date EXPLANATION FOR REQUEST: To increase expenditures for costs related to the Unpermitted Commercial Use of Public Property Impounds fee. 0 from existing budget appropriations ❑ from additional estimated revenues ❑� frcm unappropriated fund balance REVENUES Fund # Org Object Project Description Increase or (Decrease) $ Subtotal $ - EXPENDITURES Fund # Org Object Project Description Increase or (Decrease) $ 010 01050005 911016 CDD ADMIN - ROLLING EQUIPMENT 15,000.00 010 01050503 711001 CODE ENFORCEMENT- SALARIES MISCELLANEOUS 22,470.40 010 01050503 711003 CODE ENFORCEMENT - SALARIES PARTTIME (21,137.44) 010 01050503 721001 CODE ENFORCEMENT- CAFETERIA ALLOWANCE FT 6,948.92 010 01050503 727016 CODE ENFORCEMENT- MEDICARE FRINGES 120.09 010 01050503 722001 CODE ENFORCEMENT- PENSION EL NORMAL COST MISC 99.97 010 01050503 724001 CODE ENFORCEMENT- PENSION EE CONTRIB MISC (153.29) 010 01050503 723002 CODE ENFORCEMENT - PENSION ER NORMAL COST MISC 143.29 010 01050503 727020 CODE ENFORCEMENT- DEFERRED COMP CITY CONTRIB 110.77 O10 01050503 727013 CODE ENFORCEMENT- EMP ASSISTANCE PROGRAM 368.51 010 01050503 727012 CODE ENFORCEMENT- LIFE INSURANCE 1,966.16 010 01050503 727004 CODE ENFORCEMENT- RHS $2.S0 CONTRIBUT4ON 224.70 010 0108061 711003 STREETS/ASPHALT-SALARIES PART TIME 9,793.67 010 0108061 727016 STREETS/ASPHALT- MEDICARE FRINGES 141.86 010 0108061 722001 STREETS/ASPHALT - PENSION EL NORMAL COST MISC 733.78 010 0108061 724001 STREETS/ASPHALT- PENSION EE CONTRIB MISC (1,125.12) 010 0108061 723002 STREETS/ASPHALT- PENSION ER NORMAL COST MISC 1,051,74 Subtotal $ 36,748.02 FUND BALANCE Fund # Object Description Increase or (Decrease) $ 010 300000 GENERAL FUND -FUND BALANCE CONTROL (36,748.02) Subtotal $ (36,748.02) Fund Balance Change Required 10-27 Attachment E Redlines to NBMC Chapter 10.08 10-28 10.08.030 Use of Public Property for Commercial Purposes. A. Except as otherwise provided in this section, no person shall use any public right- of-way or parkway or other public property for the purpose of storing or displaying any equipment, goods, materials or merchandise, or any other commercial purpose. B. Public rights -of -way or parkways may be used for the purpose of selling, storing, or displaying any equipment, material, merchandise or for other commercial purposes in the following cases: 1. For the transmission of water, sewer, gas, electricity, television, radio signals or similar substances or activity pursuant to a franchise granted by the City Council in accordance with the City Charter, City ordinance or State law; 2. For displaying newspapers and periodicals for sale., subject to compliance with the provisions of Chapter 5.70; 3. For the temporary storage of construction equipment or material provided a permit is issued pursuant to Chapter 12.62 and the storage is consistent with provisions of the Uniform Building Code; 4. For the temporary display and sale of goods an -door merchandise by an association of businesses adjoining any street or sidewalk., provided a permit is issued pursuant to Chapter 12.62 and the sale is consistent with Council Ppolicy; 5. For the temporary sale or display of goods or merchandise in conjunction with a special event for which a permit has been issued by the City Manager pursuant to Chapter 11.03 of this Code and the City Council has approved a resolution of street closure pursuant to the authorization granted by the Cal. Veh. Code; 6. For the conduct of special celebrations, sporting events or similar activities involving a nonprofit corporation, nonprofit association, community organization or similar entity., provided a permit has been+s issued by the City Manager pursuant to Chapter 11.03 of this Code, the City Council has adopted a street closure resolution pursuant to the authority granted by the Cal. Veh. Code and, the event, celebration or activity is consistent with Council Policy; 7. For sidewalk dining subject to the provisions of Chapter 13.18; 8. For sidewalk vendors in compliance with Chapter 5.97-,--of ohapter. 10-29 C. Sales, events, celebrations, or other activities authorized by this section shall be conducted in strict compliance with the following: 1. In no event shall any public right-of-way closure prohibit members of the public from accessing any business or residence; 2. The commercial activity authorized by subsection (B)(4) of this section shall be permitted no more than twice per calendar year; 3. The commercial activity authorized in subsections (B)(4) and (5) of this section shall not be permitted in any residential zoning district; 4. Sales or events requiring street closures shall be limited to seven LThdays or less; 5. The event sponsor may charge members of the public for access to the event or celebration, but the sponsor shall utilize a procedure which allows members of the public, without fee or charge, to access any property or structure within the area impacted by the closure; 6. The sponsor of the event shall provide, at the sponsor's sole cost and expense, all security personnel and traffic control equipment required by the City Manager; 7. The sponsor of the celebration or event shall provide insurance, which types and amounts shall be determined by the Risk Manager. D. The sponsor of any event, sale or celebration authorized by this section shall comply with all conditions imposed by the City Council, or City Manager pursuant to resolution or permit. E. If any person violates this section, the City may impound the person's equipment, goods, materials, merchandise and property. The City may also impound these items if it reasonably appears a person abandoned these items on public property. 1. The impoundment may be done by any City employee authorized to enforce this section. a. At the time of impoundment from a person, the City employee shall issue a receipt to the person that includes the date and time of the impoundment, a description of the items seized, instructions on how to reclaim the impounded items, and the process to appeal the impoundment. b. The City may immediately dispose of impounded goods or materials that cannot be safely stored or that are perishable. 10-30 c. The person may recover the impounded items after thirty (30) days if the Person pays an impound fee, if any, along with showing proper proof of ownership. d. If the items are not reclaimed after sixty (60) days from impoundment, the impounded items will be deemed abandoned and forfeited to the City. The abandoned items may be disposed of at the City's sole discretion. e. The Citv Council may by resolution adoat impound fees. which shall reflect the City's enforcement, investigation, storage, and impound costs. 2. Any person who has equipment, goods, materials, merchandise or property impounded under this section shall have the riaht to file a reauest for an administrative hearing to appeal the impoundment. a. An appeal shall be filed with the City's Finance Department, in writing, on forms provided by the department within ten (10) days from the date of impoundment. b. The provisions related to Hearing Officers set forth in Section 1.05.070 of Chapter 1.05 of this Code shall apply. The person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) days prior to the date of the hearing. After considering all the testimony evidence submitted at the hearing, the Hearing Officer shall issue a written decision within ten (10) days of the hearing. If the person's appeal is upheld, the person shall have any items that were not disposed of in accordance with subsection (E)(1)(b) of this section returned to the Derson. and the person shall not be required to pay any impound fee. c. The person who has filed an appeal shall be served with a copy of the Hearing Officer's written decision in the manner prescribed by Section 1.08.080. The decision of the Hearing Officer shall be final as to the City and take effect on the date it is sianed by the Hearina Officer. The Hearina Officer's decision shall be subject to judicial review pursuant to Cal. Code Civ. Proc. Section 1094.5. 10-31