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
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