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Home My WebLink About2024-12 - Amending Section 3.36.030 of the Newport Beach Municipal Code Related to Cost Recovery PercentagesORDINANCE NO. 2024-12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 3.36.030 OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO COST RECOVERY PERCENTAGES 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, that benefit the public generally and are traditionally funded by tax revenue; WHEREAS, the City performs other services which are funded, in whole or in part, by a person requesting the service; WHEREAS, Subsection (A) of Section 3.36.030 (Cost Recovery Percentages) of the Newport Beach Municipal Code ("NBMC") provides the cost recovery for user service fees specifically requested by a person shall be at one hundred percent (100%), unless the amount is modified by Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC ("Exhibit A"); 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 ensure compliance with the law, consistency with current practices, and the maintenance of a high level of customer service for our residents; WHEREAS, on March 14, 2024, the proposed revisions to Exhibit A were presented to the City's Finance Committee; WHEREAS, staff identified an additional revision after the City's Finance Committee to remove "Payment Plans (Except Parking)" from Exhibit A to align with full cost recovery of the fee; and Ordinance No. 2024-12 Page 2 of 8 WHEREAS, City staff recommends the City Council adopt the proposed revisions to Exhibit A. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC, is hereby amended to read as follows: 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. Exhibit A Percentage of Cost or Amount to Be Recovered from Service Direct Fees ALL DEPARTMENTS Appeals — For Any User Services 0% Appeal Not Otherwise Specified —Appellant Successful Appeals — For Any User Services 50% Appeal Not Otherwise Specified —Appellant Unsuccessful COMMUNITY DEVELOPMENT DEPARTMENT Chapter 17.65 Appeal— 0% Appellant Successful Chapter 17.65 Appeal to City 50% Council or Harbor Commission — Appellant Unsuccessful Building Appeals Board Hearing— 0% Appellant Successful Appeals Board Hearing— 50% Appellant Unsuccessful Ordinance No. 2024-12 Page 3 of 8 Percentage of Cost or Amount to Be Recovered from Service Direct Fees Harbor Construction 50% Preliminary Plan Review First Two Hours Free, Full Cost Thereafter Planning Appeals to City Council or 0% Planning Commission — Appellant Successful Appeals to City Council or 50% Planning Commission — Appellant Unsuccessful Coastal Development Permit 0% Application Appeals from Zoning Administrator to Planning Commission General Plan Maintenance Fee 12% Reasonable Accommodation 0% FINANCE DEPARTMENT Admin. Cite Hearings 0% Parking Hearings 0% Short Term Lodging Permit 0% Suspension or Revocation Hearing— Appellant Successful Short Term Lodging Permit 50% Suspension or Revocation Hearing— Appellant Unsuccessful Zero Bill Reprint 0% FIRE DEPARTMENT Emergency Medical Services Advanced Life Support (ALS)— $400 Nontransport Ordinance No. 2024-12 Page 4of8 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Basic Life Support (BLS)— Nontransport $400 ALS First Responder Fee $400 BLS First Responder Fee $400 HARBOR DEPARTMENT Chapter 17.65 Appeal— Appellant Successful 0% Chapter 17.65 Appeal to City Council or Harbor Commission — Appellant Unsuccessful 50% Deposit/late cancellation fee for use of Human Lift — Marina Park 0% Deposit/late cancellation fee for use of Human Lift — Balboa Marina PD 0% LIBRARY SERVICES DEPARTMENT 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 0% Citation Sign -off $10 Fingerprinting — City Portion $25 Secondhand/Pawn Dealer Tag Check 0% Registrant —Narcotics 0% Registrant — Sex 0% Animal Shelter Ordinance No. 2024-12 Page 5 of 8 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Adoption Fee —Puppies $225 Adoption Fee — Senior Dog — Animal Over Eight (8) Years Old $70 Adoption Fee — Dog — All Other $150 Adoption Fee —Kittens $110 Adoption Fee —Senior Cat— Animal Over Eight (8) Years Old $70 Adoption Fee — Cat — All Other $90 Adoption Fee —Small Animals $45 Boarding Fee (per day)— Animals $25 Boarding Fee (per day) —Small Animals $10 Owner Turn -In Fee —Altered Animal $100 Owner Turn -In Fee —Unaltered Animal $200 Impound Fee —Dogs, Cats, Small Animals $62 PUBLIC WORKS DEPARTMENT Chapter 17.65 Appeal — Appellant Successful 0% Chapter 17.65 Appeal to City Council or Harbor Commission — Appellant Unsuccessful 50% RGP Dredging Permit 100% RECREATION AND SENIOR SERVICES DEPARTMENT Adult Sports 50%-95% Administrative Processing Fee $5 Badge Replacement $5 After School/Camp Programs Ordinance No. 2024-12 Page 6 of 8 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 — Appellant Successful 0% Appeal to City Council — Appellant Unsuccessful 50%-95% Natural Resources Programs 0%-20% Senior Services OASIS Transportation $1—$3 each way Contract Classes 20%-50% Fitness Center 50%-95% UTILITIES DEPARTMENT Construction Water Meter Establishment 50% Ordinance No. 2024-12 Page 7of8 Percentage of Cost or Amount to Be Recovered from Service Direct Fees 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 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. Ordinance No. 2024-12 Page 8of8 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 23rd day of April, 2024, and adopted on the 14th day of May, 2024, by the following vote, to -wit: AYES: Manor O'Neill Manor Pro Tem Stapleton, Councilmember Avery, Councilmember Blom Councilmember Kleiman, Councilmember Weigand NAYS: ABSENT: Councilmember Grant WILL EILL, MAYOR ATTEST: 0 � FA. . -: • ZS7IF0 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C- e'_ _%— AARON C. HARP, CITY AfTORNEY 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. 2024-12 was duly introduced on the 23rd day of April, 2024, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 14th day of May, 2024, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: None ABSENT: Councilmember Robyn Grant IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 15th day of May, 2024 STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } Leilani I. Brown, MMC 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. 2024-12 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 27, 2024 Adopted Ordinance: May 18, 2024 In witness whereof, I have hereunto subscribed my name this ;30- day of May, 2024. } r 1.1F0F`� c 0 via 4 �� Leilani I. brown, MMC City Clerk City of Newport Beach, California