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RESOLUTION NO. 2021-21 <br />A RESOLUTION OF THE CITY COUNCIL OF THE CITY <br />OF NEWPORT BEACH, CALIFORNIA, ADOPTING AND <br />REVISING CERTAIN FEES WITHIN THE SCHEDULE OF <br />RENTS, FINES, AND FEES AND UPDATING THE <br />METHODOLOGY FOR ANNUAL CONSUMER PRICE <br />INDEX CALCULATIONS <br />WHEREAS, Section 3.36.010 of the Newport Beach Municipal Code ("NBMC") <br />provides that services and programs that primarily benefit a person requesting the service <br />are traditionally funded in whole, or in part, from fees charged to the person who initiates <br />the service; <br />WHEREAS, Subsection 3.36.010(C) of the NBMC further provides that to ensure <br />fees charged for services are an accurate reflection of costs, the City should conduct a <br />fee study at least once every five years; <br />WHEREAS, contemporaneous with this resolution the City Council introduced <br />Ordinance No. 2021-7, amending Exhibit A to Section 3.36.030 (Cost Recovery for User <br />Services) of the NBMC; <br />WHEREAS, Exhibit A to Section 3.36.030 of the NBMC contains cost recovery <br />percentages for specific services, and provides that the City Council may modify the fee <br />resolution upon a determination that there has been an increase or decrease in one or <br />more cost factors relevant to the calculation of the actual cost of providing the service; <br />WHEREAS, in 2019, the City retained MGT of America, Inc. ("MGT") to prepare <br />the cost allocation plan and cost -of -services studies for the City ("Agreement"); <br />WHEREAS, pursuant to its Agreement, MGT has conducted cost -of -services <br />studies on a rotating basis by department; <br />WHEREAS, pursuant to its Agreement, MGT prepared cost -of -service studies for <br />the Harbor, Finance, Public Works, and Utilities Departments; <br />WHEREAS, pass through costs for actual services or tangible goods do not <br />include staff time; <br />WHEREAS, statutory fees are mandated or capped by another authority, such as <br />the state; <br />