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HomeMy WebLinkAbout2011-28 - Amending Section 3.36.030 Of the Newport Beach Municipal CodeORDINANCE NO. 2011 -28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 3.36.030 OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, the City of Newport Beach ( "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; and WHEREAS, the City performs other services which are funded in whole or in part by the person requesting the service; and WHEREAS, Section 3.36.030(E), Exhibit "A ", provides that the City's cost of providing Revenue Services shall be recovered as follows: Revenue Parking Reviews 0% Parking Hearings 0% Admin. Cite Hearings 0% Dog License - Sterilized 50% WHEREAS, Section 3.36.030(E), Exhibit "A ", provides that the City's cost of providing Library Services shall be recovered as follows: Library Services Meeting Room Rentals 0.2% Rentals - Book/Video 5% WHEREAS, Section 3.36.030(E), Exhibit "A ", provides that the City's cost of providing Recreation and Senior Services shall be recovered as follows: Recreation and Senior Services Adult Sports Volleyball 60% Soccer 70% Basketball 85% Park Rentals 80% Facility Rentals 95% Park Patrol 85% After School /Camp Programs Vacation Camps 30% Summer Recess Camp 30% KidScene After - School Program 20% Teen Program 15% Aquatics CdM Pool 35% Water Polo 35% Lap Swim 50% Rentals 8% Lessons 40% Fee Classes 75% Youth Sports Basketball — Winter 50% Youth Flag Football 50% Tiny League Football 50% Basketball Tiny League 50% Basketball— Summer 50% Track and Field 50% Special Events — Levels 1, 2, and 3 80% Senior Services Oasis Transportation 30%/. Classes 11% Oasis Rentals 95% WHEREAS, Section 3.36.030(D) provides that City Council may modify the cost recovery percentage for any service by amending this chapter; and WHEREAS, the Dog Licensing Program was outsourced, so the reference to the subsidy is no longer required; and WHEREAS, the Library cost recovery percentage for Meeting Room Rentals should be rounded up to I%; and WHEREAS, Library BookNideo Rentals are now processed more efficiently, and therefore, the cost -of- sery ices percentage recovery should be increased, and the name changed to Material Rentals; and WHEREAS, the cost of services study for Recreation and Senior Services now includes the cost of facilities, the costs of services has increased. Council desires to maintain fees at current levels to encourage residents to participate in a valued community benefit, and therefore, the cost recovery percentages must be modified accordingly to maintain the current fees; and WHEREAS, to streamline the fee schedule and Section 3.36, some categories in Recreations have been combined to create new categories, which include Adult Sports, Adult Drop -In Sports, Rentals, Camps, After- School/Teen Program, Aquatics, and Youth Sports; and WHEREAS, Council desires to add cost recovery percentages for Badge Replacement, Class Refunds and Fitness Center; and WHEREAS, the fee and the cost recovery percentage for Marine Preserve Tours is now moved from Harbor Resources to Recreation and Senior Services; and WHEREAS, Council desires to bifurcate the cost recovery percentages for Special Events fees between Resident and Non - Resident, and add a cost recovery percentage of 25% to appeal to City Council; and WHEREAS, Council desires to add a cost recovery percentage of 30% for the new fee of Construction Water Meter Establishment in order to encourage participation in obtaining a construction water hydrant and discourage water theft; and NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 3.36.030, Exhibit "A ", of the Newport Beach Municipal Code is hereby amended to read as follows: Percentage of Cost to Be Recovered from Service Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% Appeals to Planning Commission 50% Recreation and Senior Services Adult Sports Adult Sports 62% Adult Drop -In Sports 15% Rentals 50% Badge Replacement 45% After School /Camp Programs Camps 40% After- School/Teen Program 20% Pre - School Program 40% Aquatics 20% Contract Classes 60% Class Refunds $74 or less 29% $75 or more 59% Youth Sports 25% Special Events — Levels 1, 2, and 3 Resident Up to 45% Non- Resident Up to 85% Appeal to City Council 25% Senior Services Oasis Transportation 5% Contract Classes 50% Oasis Rentals 45% Fitness Center 50% Marine Environment Services - Marine Preserve Tours 15% Library Services Meeting Room Rentals 1% ' no/. Inter - library Loan 10% Fire and Marine Emergency Operations Services Advanced Life Support – Escorted Up to 80% Advanced Life Support - Not Escorted Up to 80% Basic Life Support - Escorted Up to 80% Basic Life Support - Not Escorted Up to 80% Construction and Inspection Services - State - Mandated Inspections Day Care Facilities 25% Police Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Renewal Maximum Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum Permitted by Law Vehicle Release 91% Domestic Violence Reports 0% Missing Persons Report 0% Second Hand /Pawn Dealer Tag Check 0% Registrant —Sex 0% Registrant— Narcotics 0% Public Works Engineering Encroachment Permit without Traffic Engineer Review 88% Encroachment Permit with Traffic Engineer Review 57% Finance Parking Reviews 0% Parking Hearings 0% Admin. Cite Hearings 0% Municipal Operations Construction Water Meter Establishment 30% SECTION 2: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. SECTION 3: The City Council finds that 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 4: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effective thirty (30) 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 22nd day of November, 2011, and adopted on the 13th day of December, 2011, by the following vote, to wit: AYES, COUNCILMEMBERS Hill, Rosansky, Gardner, Selich, Curry, Mayor Henn NOES, COUNCILMEMBERS n,jgj ABSENT, COUNf�ILMEMBERS None MICHAEL F. HENN, MAYOR ATTEST: UWY /1A1\ �� SEW P ®RT LEILANI BROWN, CITY CLERK Cq�I FOP, APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY AARON HARP, CITY ATTORNEY LEGISLATIVE DRAFT 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 participating 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 participation, and are traditionally funded in whole or in part from fees charged to the person who initiates the services. 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. (Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 97 -8 § 1 (part), 1997) 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 the services or programs identified in the cost studies and which are funded, in whole or in part, by fees or charges imposed on the user of the service. (Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 97 -8 § 1 (part), 1997) 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. 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 not be waived without prior City Council approval, except that the City Manager may waive fees imposed on non - profit organizations for non - profit sponsored events in an amount not to exceed one thousand dollars ($1,000.00) per year. Exhibit A The City's cost of providing the following services shall be recovered through direct fees charged for services in the percentages indicated. Service Percentage of Cost to Be Recovered from Direct Fees Building Preliminary Plan Review 75% Planning Appeals to City Council 50% Appeals to Planning Commission 50% Recreation and Senior Services Adult Sports YeNeyba4 60% Sewer z" @asl�etbaii @S- °k Adult Snorts 62% Adult Droo -In Snorts 15% Pa94 Reatals 899h FOGMy­-� 95% Rentals 50% Badge Replacementp4* -Ratre4 45 %"% After School /Camp Programs Yacatien Camps 430% 3" 1441SFele- After- School/Teen Program 20 %2" Teen- P_Fegracu 4" Pre - School Prooram 40% Aquatics 20% C04 -Pee! 3a°,6 iNater -Pete 3" Rer-tta4s EeS6enS 49°,6 FeeContract Classes 75°460 00 Class RefundsYouth-Sgeks $74 or IessRasketlan" WintA 29 %6"0 $75 or moreyouth- Flag - Football 59 %5&°4 Youth SportST4Py-6qague_FgQt4a4 25 %50°0 54°0 Basketball Summe 5" Traek and -Field 59°0/e Special Events — Levels 1, 2, and 3 89$6 Resident Up to 450% Non - Resident Up to 85% Aopeal to Citv Council 25% Senior Services Oasis Transportation 35% Contract Classes 41 -0450% Oasis Rentals 95"445% Fitness Center 5 0% Marine Environment Services – 15% Marine Preserve Tours Library Services Meeting Room Rentals 1 %9-2% Rentals — BeekAldeeMaterials 20 %"0 Inter -library Loan 10% Fire and Marine Emergency Operations Services Advanced Life Support— Escorted Up to 80% Advanced Life Support—Not Escorted Up to 80% Basic Life Support— Escorted Up to 80% Basic Life Support—Not Escorted Up to 80% Marine Environment Sep.Fines MaFiae- Fseserve 4&% Construction and Inspection Services — State -M and ated Inspections Day Care Facilities 25% Police Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Renewal Maximum Permitted by Law Bike Licenses 17% Subpoena Duces Tecum Maximum Permitted by Law Vehicle Release 91% Domestic Violence Reports 0% Missing Persons Report 0% Second Hand /Pawn Dealer Tag Check 0% Registrant —Sex 0% Registrant — Narcotics 0% Public Works Engineering Encroachment Permit without Traffic Engineer Review 88% Encroachment Permit with Traffic Engineer Review 57% FinanceRevenae Parking Reviews 0% Parking Hearings 0% Admin. Cite Hearings 0% 50°6 MOD Construction Water Hydrant Establishment 30 o (Ord. 2011 -10 § 1, 2011; Ord. 2009 -32 § 1 (Exh. A), 2010; Ord. 2009 -21 § 1 (Att. 1), 2009; Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 2004 -4 § 3, 2004; Ord. 2002 -26 Exh. A, 2002; Ord. 2000 -24 § 1, 2000; Ord. 98 -18 § 1, 1998; Ord. 97 -8 §§ 1 (part), 2, 1997) 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 practical, the late fees and interest shall be uniform for all user fees. (Ord. 2008 -14 § 1 (Exh. 1) (part), 2008: Ord. 97 -8 § 1 (part), 1997) 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), 2008: Ord. 97 -8 § 2, 1997) STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } 1, 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. 2011 -28 was duly and regularly introduced on the 22nd day of November, 2011, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of December, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Mayor Henn Noes: Daigle Absent: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14�h day of December, 2011. (Seal) 4,6 K , NVK-'� City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2011 -30 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 daily newspaper of general circulation on the following dates: Introduced Ordinance: November 26, 2011 Adopted Ordinance: December 17, 2011 In witness whereof, I have hereunto subscribed my name this a W day of �r -ft . 204:T.' �% PO City Clerk City of Newport Beach, California /j'