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HomeMy WebLinkAbout2015-29 - Amending Exhibit A to the Newport Beach Municipal Code Section 3.36.030 Related to Cost RecoveryORDINANCE NO. 2015-29 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING EXHIBIT A TO NEWPORT BEACH MUNICIPAL CODE SECTION 3.36.030 RELATED TO COST RECOVERY 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; WHEREAS, the City performs other services which are funded in whole or in part by the person requesting the service; WHEREAS, Newport Beach Municipal Code ("NBMC") Subsection 3.36.030(A) 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 NBMC Section 3.36.030; and 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. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Exhibit "A" in Section 3.36.030 of the Newport Beach Municipal Code is hereby amended to read as follows: 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. Ordinance No. 2015-29 Page 2 of 8 Percentage of Cost or Amount to Be Recovered Service from Direct Fees Community Development Building Appeals Board 50% Hearing Harbor Construction 50% Permit Issuance $32 (counter only) Electrical, Plumbing Preliminary Plan First two hours Review free, full cost thereafter Planning Appeals to City 50% Council Appeals to Planning 50% Commission Reasonable 0% Accommodation Recreation and Senior Services Adult Sports Adult Sports 62% Adult Drop -In 15% Sports Ordinance No. 2015-29 Page 3 of 8 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Facility Use Fees 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% Nonresident Up to 85% Appeal to City Council 25% Ordinance No. 2015-29 Page 4 of 8 Percentage of Cost or Amount to Be Recovered Service from Direct Fees Senior Services Oasis 5% Transportation Contract Classes 50% Oasis Facility Use 45% Fees Fitness Center 50% Marine Environment 15% Services - Marine Preserve Tours Library Services Meeting Room 1% Facility Use Fees Use Fees - 20% Materials Inter -Library Loan 10% Fire and Marine Emergency Medical Services Advanced Life $400 Support - Non -Transport Basic Life $300 Support - Non -Transport Ordinance No. 2015-29 Page 5 of 8 Percentage of Cost or Amount to Be Recovered Service from Direct Fees State -Mandated Inspections Day Care Facilities 25% Marine Junior Guards 82.1% Police Initial Concealed Maximum Weapons Permit Permitted by Law Concealed Weapon Maximum Permit Renewal Permitted by Law Bike Licenses 17% Subpoena Duces Maximum Tecum Permitted by Law Vehicle Maximum Repossession Permitted by Law Domestic Violence 0% Reports Second Hand/Pawn 0% Dealer Tag Check Registrant - Sex 0% Registrant - 0% Narcotics Impound Fee Maximum Permitted by Contract Ordinance No. 2015-29 Page 6 of 8 Percentage of Cost or Amount to Be Recovered Service from Direct Fees Public Works Engineering Encroachment 88% Permit without other Department/Division Review Encroachment 57% Permit with other Department/Division Review Harbor Resources Appeal of $100 Lease/Permit under Section 17.60.080 Finance Parking Reviews 0% Parking Hearings 0% Admin. Cite 0% Hearings Municipal Operations Construction Water 30% Meter Establishment Ordinance No. 2015-29 Page 7 of 8 Service Percentage of Cost or Amount to Be Recovered from Direct Fees City Council, Board, Commission, Committee or Any Individual Member Thereof when Acting within the Scope of Their Official Duties Review from a $0 Lower Body or 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 (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the introduction and approval of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Section 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 to have a significant effect on the environment. 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. 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 to be published pursuant to City Charter Section 414, and it shall be effective thirty (30) days after its adoption. Ordinance No. 2015-29 Page 8 of 8 This ordinance was introduced at a regular meeting of the City Council of the Cit of Newport Beach held on the 22nd day of September, 2015, and adopted on the 13t day of October, 2015, by the following vote, to -wit: ATTEST: AYES, COUNCILMEMBERS Petros, Curry, Dixon Selich NOES, COUNCILMEMBERS Peotter, Duffield Muldoon ABSENT COUNCILMEMBERS None LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: ry<�F°a CIZEY-S OFFICE AARON C. HARP, CITY ATTORNEY 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. 2015-29 was duly and regularly introduced on the 22nd day of September, 2015, 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 October, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Petros, Council Member Curry, Mayor Pro Tem Dixon, Mayor Selich NAYS: Council Member Peotter, Council Member Duffield, Council Member Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of October, 2015. � (Seal) CERTIFICATE OF PUBLICATION 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 Ordinance No. 2015-29 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: September 26, 2015 Adopted Ordinance: October 17, 2015 2015. In witness whereof, I have hereunto subscribed my name this M day of Odpo- City Clerk City of Newport Beach, California (Seal) 1PO X C'gCl FOa