2021-21 - Adopting and Revising Certain Fees within the Schedule of Rents, Fines, and Fees and Updating the Methodology for Annual Consumer Price Index Calculations

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