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HomeMy WebLinkAbout2021-7 - Amending Exhibit A to Newport Beach Municipal Code Section 3.36.030 Related to Cost RecoveryORDINANCE NO. 2021-7 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, 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, 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 3.36.030(A) 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 the City Council in Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC; 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 Section 3.36.030 (Cost Recovery Percentages) of the NBMC, 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 February 18, 2021, the proposed revisions to Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC, were presented as a receive and file to the City's Finance Committee; and WHEREAS, City staff recommends the City Council adopt the proposed revision as depicted in Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Ordinance No. 2021-7 Page 2 of 7 Section 1: Exhibit "A" to Section 3.36.030 (Cost Recovery Percentages) of the NBMC, 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. Service Percentage of Cost or Amount to Be Recovered from Direct Fees Community Development Department Chapter 17.65 Appeal—Applicant Successful 0% Chapter 17.65 Appeal to City Council — Applicant Unsuccessful $940 Chapter 17.65 Appeal to Harbor Commission — Applicant Unsuccessful $1,250 Building Appeals Board Hearing—Applicant Successful 0% Appeals Board Hearing—Applicant Unsuccessful $1,715 Harbor Construction 50% Preliminary Plan Review First Two Hours Free, Full Cost Thereafter Planning Appeals to City Council $1,715 Appeals to Planning Commission $1,715 Coastal Development Permit Application Appeals from Zoning Administrator to Planning Commission 0% Reasonable Accommodation 0% Finance Department Admin. Cite Hearings 0% Parking Hearings 0% Payment Plans (Except Parking) $25 Short Term Lodging Permit Suspension or Revocation Hearing — Applicant Successftd 0% Ordinance No. 2021-7 Page 3 of 7 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Short Term Lodging Permit Suspension or Revocation Hearing Applicant Unsuccessful 50% Zero Bill Reprint 0% Fire Department Emergency Medical Services Advanced Life Support (ALS}-- Nontransport $400 Basic Life Support (BLS�—Nontransport $400 ALS First Responder Fee $400 BLS First Responder Fee $400 Fire Prevention Candle Permit Program 76% Care Facilities 7-99 Clients 36% Care Facilities > 99 Clients 40.8% Commercial Day Care Facilities 36% Hotels/Motels 50-299 Rooms 36% Hotels/Motels 300 or More Rooms 92.4% Operational Permits—Level 1 40% Operational Permits—Level 2 38.1% Residential Care Facility Prelicense Inspection 96% Special Event Permits—Single Event 88% State Fire Clearance 82% Harbor Department Chapter 17.65 Appeal—Applicant Successful 0% Chapter 17.65 Appeal to City Council – Applicant Unsuccessful $940 Chapter 17.65 Appeal to Harbor Commission – Applicant Unsuccessful $1,250 Library Services Department Passport Photo $10 Use Fees—Materials $1 Inter -Library Loan $5 Ordinance No. 2021-7 Page 4 of 7 Service Percentage of Cost or Amount to Be Recovered from Direct Fees Police Department Bike Licenses 17% Secondhand/Pawn Dealer Tag Check 0% Registrant—Narcotics 0% Animal Shelter Adoption Fee—Dogs $150 Adoption Fee—Puppies $225 Adoption Fee—Cats $90 Adoption Fee—Kittens $110 Adoption Fee—Small Animals $45 Boarding Fee (per day)—Animals $25 Boarding Fee (per day) --Small Animals $10 Owner Turn -In Fee $100 Impound Fee—Dogs, Cats, Small Animals $55 Public Works Department Chapter 17.65 Appeal—Applicant Successful 0% Chapter 17.65 Appeal to City Council – Applicant Unsuccessful $940 Chapter 17.65 Appeal to Harbor Commission – Applicant Unsuccessful $1,250 RGP Dredging Permit 42% Recreation and Senior Services Department Adult Sports 500/ --95% Administrative Processing Fee $5 Badge Replacement $5 After School/Camp Programs Camps 200/-50% After-School/Teen Program 200/a--50% Pre -School Program 20%50% Aquatics 20%50% Contract Classes 500/a--95% Ordinance No. 2021-7 Page 5 of 7 Service Percentage of Cost or Amount to Be Recovered from Direct Fees 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 00/,20% Resident, Levels 2-3 and Late Fees for Levels 2-3 20°/u 50% Nonresident, Levels 1-2 and Late Fees for Level 1 200/o--50% Nonresident, Level 3 and Late Fees for Levels 2-3 500/&--95% Appeal to City Council 50%95% Natural Resources Programs 00/ —20% Senior Services Oasis Transportation $1—$3 each way Contract Classes 20% 50% Fitness Center 50%95% Utilities Department Construction Water Meter Establishment 50% Fats, Oils, and Grease (FOG) Annual Permit 0% 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 Official $0 Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Ordinance No. 2021-7 Page 6 of 7 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. 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. Ordinance No. 2021-7 Page 7of7 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 9th day of March, 2021 and adopted on the 23rd day of March, 2021, by the following vote, to -wit: AYES: Mayor Avery Council Member Blom Council Member Brenner, Council Member Dixon Council Member O'Neill NAYS: Mayor Pro Tem Muldoon ABSENT: Council Member Duffield el'11""' / BRA E , MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE aWW_____ C. a______ R N 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. 2021-7 was duly introduced on the 9th day of March, 2021, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 23rd day of March, 2021, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Brad Avery, Council Member Noah Blom, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Will O'Neill NAYS: Mayor Pro Tem Kevin Muldoon ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 241h day of March, 2021. Ia11AZffVM IV VW -1 Leilani I. Brown, MM City Clerk City of Newport Beach, California 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. 2021-7 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: March 13, 2021 Adopted Ordinance: March 27, 2021 In witness whereof, I have hereunto subscribed my name this day of April, 2021. aftII Leilani I. Brown, MMC City Clerk City of Newport Beach, California