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HomeMy WebLinkAbout97-8 - Adding Chapter 3.36 Pertaining to the Recovery of Costs for the Performance of Certain Municipal ServicesORDINANCE NO. 97- 8 • AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING CHAPTER 3.36 PERTAINING TO THE RECOVERY OF COSTS FOR THE PERFORMANCE OF CERTAIN MUNICIPAL SERVICES The City Council of the City of Newport Beach does hereby ordain as follows: Section 1. Chapter 3.36 is hereby added to the Newport Beach Municipal Code to read as follows: CHAPTER 3.36 COST RECOVERY FOR USER SERVICES • SECTIONS: 3.36.010 FINDINGS 3.36.020 DEFINITIONS 3.36.030 COST RECOVERY PERCENTAGE 3.36.040 LATE FEES AND CHARGES 3.36.010 FINDINGS. The City Council of the City of Newport Beach finds as follows: A. The City of Newport Beach 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 Ord. 97 -8 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 KPMG Peat Marwick (KPMG) to conduct three studies. KPMG has conducted the three studies. The first study (Cost Allocation Study) determined the general city and departmental overhead rates to be used in calculating the cost of City Services. The second study (Cost of Services Study) determined 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 third study (Performance Benchmarking Study) compared the time spent by City employees in performing these services with the time spent by employees of both public and private agencies to perform the same services. The City Council has thoroughly reviewed and considered the three KPMG studies prior to adopting this Ordinance. D. The Finance Committee of the City Council has conducted four public meetings to discuss the three KPMG studies, the factors relevant to the appropriate cost recovery percentage for the services identified in this ordinance, 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 this Ordinance. E. The City Council has fully complied with provisions of State and local law in establishing the cost recovery percentages specified in this ordinance, including, Section 66000 et. seq. of the Government Code, and Articles XIIIC and XIIIB of the State Constitution. 3.36.020 DEFINITIONS For purposes of this Chapter, the following definitions shall apply: A. "Actual Cost' shall mean 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 KPMG studies and as modified from time to time in accordance with changes in Cost Factors. B. "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. Ord. 97 -8 • C. "Cost Factors" shall mean the various factors identified in the KPMG studies relevant to the calculation of the Actual Cost to the City of providing User Services to a User. D. "Fee Resolution" shall mean the Resolution adopted by the City Council pursuant to this Ordinance which establishes the fees and charges for User Services. E. "KPMG Studies" shall mean the three KPMG studies described In Section 3.36.010D. F. "Uses' means the person or entity who requests, by filing an application or otherwise, City performance of, or User's participation in, a User Service. G. "User Services" shall mean the services or programs identified in Exhibit "A" and which are funded, in whole or in part, by fees or charges imposed on the User of the service. 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 Exhibit "A ". The Cost Recovery Percentage appropriate for each User Service is established in accordance with the percentage specified in Exhibit "A ". B. The City Council shall establish, pursuant to the Fee Resolution, the actual fee or charge for each User Service described in Exhibit "A ". The fee or charge shall be based upon the Actual Cost of providing the User Service multiplied by the relevant Cost Recovery Percentage. The Fee Resolution shall specify the Actual Cost of each User Service and the relevant Cost Recovery Percentage. C. The City Council may, without amending this Ordinance, 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. • Ord. 97 -8 D. The City Council may modify the municipal functions • determined to be User Services and /or the Cost Recovery Percentage for any service only by amending this Ordinance. 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. Section 2: That 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, sub - sections, sentences, clauses and phrases be declared unconstitutional. • Section 3: 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 within fifteen (15) 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 27th day of January 1997, and adopted on the 10th day of February 1997, by the following vote, to -wit: AYES, O'NEIL, THOMSON, EDWARDS, HEDGES COUNCILMEMBERS GLOVER, NOYES, DEBAY • NOES, COUNCILMEMBERS NONE ABSENT, COUNCILMEMBERS NONE • MAYOR ATTEST: CITY CLERK F:\catUwmham \ %m u nisrv.doc • 01 -21 -97 Ord. 97 -8 The City's Cost of providing the following services shall be recovered through direct fees charged for • the services in the percentages indicated. Percentage of Cost to be Recovered Service From Direct Fees City Clerk Muni. Code Suphnnt. Sales; Pd. Subscribers 100% Community Development Building Plan Check Fees 1 100% Plan Check Fees - Grading 7 71% Permits and Inspection 1 100% Microfilming 9 98% Preliminary Plan Review 4 45% Special Inspector Licenses 1 100% Special Inspector Test Administration 1 100% Development Review Fee 0 0% Residential Building Record 7 79% Planning Modification Permit 100% Use Permit 100% Variance 100% Zoning Amendment 100% Site Plan Review 80% PRD Use Permit 100% PRD UP Amendment 100% Planned Community Application 100% Planned Community Amendment 100% Sign Exceptions 100% Resubdivision 100% Tentative Map 100% Offsite Parking 100% Approval in Concept 100% Appeals to Planning Commission 67% Appeals to City Council 74% Special Food Permit 25% Coastal Residential Development Permit 100% Condo Conversion 100% Counter Plan Check 100% Plan Check 50% • Am Radio Antenna /Sat. Dish Permits 0% Environmental Documents 50% Traffic Study 100% 12:00 PM2/5/97 Exhibit A 12:00 PM2/5/97 Exhibit A • C J • Service General Plan Amendment, Minor General Plan Amendment, Major Development Agreement Christmas Tree Lots Temporary Uses Accessory Outdoor Dining Planning Director's Approval Director's Use Permit Community Services Arts and Cultural Services Newport Beach Juried Art Show Orange County Juried Art Show Adult Sports Volleyball Tennis Round Robin Field /Facility Rentals Adult Sports Teams (Softball & Aquatics Youth Sports Youth Sports - Football Youth Sports - Basketball Pee Wee Basketball Youth Sports -Track and Field Registration and Contract Classes Special Events Balboa Arts Festival Surf Contest Special Event Permits CDM 5K Run Rose Parade Senior Services Transportation Senior Recreation Classes Social Services (Assessment Services) Supportive Counseling Information and Referral Oasis Special Events Telephone Reassurance 12:00 PM2/5/97 Percentage of Cost to be Recovered From Direct Fees 100% 100% 100% of fully loaded cost of Legal Staff Time. 100% 100% 100% 100% 100% 100% 100% 85% 85% 85% 85% 85% 85% 85% 85% 85% 85% 55% 85% 36% 85% 85% 30% 85% 0% 0% 0% 0% 0% Exhibit A • L J • Service Library Services Video Rental Best Sellers - Rental Books on Cassette Fire and Marine Emergency Operations Services (1995) Advanced Life Support - Escorted Advanced Life Support - Not - Escorted Basic Life Support - Escorted Basic Life Support - Not Escorted Construction and Inspection Services Construction Plan Check Services Construction Inspection Services Pier Construction Permits - New Pier Construction Permits - Revisions Pier Construction Permits - Maintenance Pier Construction Permits - Dredging Fire Safety Inspection Services Fire Safety Inspection Services - Hospital Fire Safety Inspection Services - High Rise Hazardous Materials Disclosure Weed Abatement Special Hazards Tank Removal /Install Spcl. Hzrds. -HM Piping, Tents, Canopies Services Request - Special Events Project Consultation Services Safety Inspection Complaints Marine Environment Services Junior Lifeguard Program Marine Preserve Marine Services Pier Construction Permits - Transfer Liveaboards 12:00 PM2/5/97 Percentage of Cost to be Recovered From Direct Fees 100% 88% 47% 69% 69% 65% 65% 100% 100% 100% 100% I 100% 100% 100% 100% 100% 100% 100% 51'% 50% 100% 100% 0% 100% 15% 100% 100% 100% Exhibit A Percentage of Cost to be Recovered • Service From Direct Fees General Services Administration Recycling Program 100% Street Trees Right of Way Requests 100% of Contractor cost to City Operations Traffic Signs 100% Police Administration Civil Subpoena 100% of salary plus benefits and travel costs Initial Concealed Weapons Permit Maximum Permitted by Law Concealed Weapon Permit Renewal Maximum Permitted by Law Environmental Service Billing 100% Support Services Bike Licenses 17% Finger Printing 100% Arrest Reports • Maximum Permitted by Law Crime Reports Maximum Permitted by Law Traffic Collision Reports Maximum Permitted by Law Photographs 100% Video 100% Audios 100% Polaroids 100% Clearance Letters 100% Jail Booking Fees 100% Vehicle Release /Post Storage Tow Hearing 100% Subpoena Duces Tecum Maximum permitted by Law Patrol Emergency Response Billing 100% Detective Domestic Violence Reports 0% Missing Persons Report 0% Substance Abuse Program 100% Massage License 100% • Traffic Fatal Traffic Collision Investigation 0% 12:00 PM2/5/97 Exhibit A • Service Percentage of Cost to be Recovered From Direct Fees 12:00 PM2 /5/97 Exhibit A Public Works Engineering Final Tract Map 100% Final Parcel Map Checking 100% Encroach. Prmt. w/o Traffic Engr. Review 88% Encroach Prmt. w/ Traffic Engr. Review 57% Lot Line Adjustment Checking Fee 100% Easement Deed Resrch., Revw. /Processing 100% Document Recordation Fee 100% Certificate of Compliance Review 100% Strt. Easement and Vacation Prcessg. Fee 100% Covenant Agrinnt. Research & Rvw. Fee 100% Subdivision Plan Check 100% Encroachment & Eng. Agreement Prep 100% Grading Plan Review 0% (Contained in Plan Check) Pre - Permit Review 0% (Contained in Plan Check) • Landscape Plan Reviews 0% (Contained in Plan Check) Administrative Services Revenue Animal Traps 100% Misc. Animal Inspec. Svcs. (Pet Shop, Pig, 100% Kennel, & Wild Animal Inspections) Dog License No change to current fee. Animal Bite Reports Legally permitted cost of copies only. Second Hand Dealer Permits 100% Taxi Permits 100% Towing Permits 100% Fire Arms Sales - Retail Permit 100% Street Closure Permit 100% News Rack Permits 100% Adult Oriented Business Permits 100% Escort Service Permit 100% Live Entrtmmnt. and Dance 100% Short Term lodging Permits 0% Marine Charter Permits 100% • 12:00 PM2 /5/97 Exhibit A • STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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. 97 -8 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 10th day of February, 1997, and that the same was so passed and adopted by the following vote, to wit: Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 11th day of February, 1997. PO,T City Clerk of the City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as. CITY OF NEWPORT BEACH ) I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 97 -8 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 date, to wit: February 18, 1997. In witness whereof, I have hereunto subscribed my name this 24th day of February , 1997. cV 8714, & &A, a-!'CSC , City Clerk of the City of Newport Beach, California