Chapter 3.36
COST RECOVERY FOR USER SERVICES
Sections:
3.36.030 Cost Recovery Percentages.
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 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 service or requesting to participate 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 program participation, and are traditionally funded in whole or in part from fees charged to the person who initiates the service or program participation.
C. The City Council has retained consultants to conduct cost allocation plan and cost of services studies. Cost allocation studies determine the general City and departmental overhead rates to be used in calculating the cost of City services. Cost of services studies determine 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 City Council has thoroughly reviewed and considered the studies prior to adopting the ordinance codified in this chapter. In order to ensure that fees charged for services are an accurate reflection of actual costs, the City Council finds that cost studies should be conducted at least every five years.
D. The Finance Committee of the City Council has conducted public meetings to discuss the cost allocation plan and cost of services studies, the factors relevant to the appropriate cost recovery percentage for the services studied, 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 the ordinance codified in this chapter.
E. The City Council has fully complied with provisions of State and local law in establishing the cost recovery percentages specified in this chapter, including California Government Code Section 66000 et seq., and Articles XIIIC and XIIIB of the State Constitution. (Ord. 2023-22 § 183, 2023; Ord. 2022-10 § 1, 2022; Ord. 2008-14 § 1 (Exh. 1) (part), 2008: Ord. 97-8 § 1 (part), 1997)
3.36.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Actual cost” means 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 studies and as modified from time to time in accordance with changes in cost factors.
“Cost factors” means the various factors identified in the studies relevant to the calculation of the actual cost to the City of providing user services to a user.
“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.
“Cost studies” means the Cost of Services and Cost Allocation Studies conducted by the City’s consultant(s).
“Fee resolution” means the resolution adopted by the City Council pursuant to this chapter which establishes the fees and charges for user services.
“User” means the person or entity who requests, by filing an application or otherwise, City performance of, or user’s participation in, a user service.
“User services” means services or programs that are initiated by express request or by an application submitted by the person requesting the service or requesting to participate in the program, which primarily benefits the person requesting the service or program participation. User services include the services and programs identified in the user fee resolution adopted by the City Council and which are funded, in whole or in part, by fees or charges imposed on the person requesting the service or program participation in an amount based on the most recent cost of services studies. User services do not include municipal services traditionally funded by tax revenue, that are typically performed without the express request of a person, or for the public benefit generally. (Ord. 2022-10 § 2, 2022; Ord. 2008-14 § 1 (Exh. 1) (part), 2008: Ord. 97-8 § 1 (part), 1997)
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 the fee resolution. The cost recovery percentage appropriate for each user service shall be one hundred (100) percent with the exception of the user services listed in Exhibit “A” and those services for which the fee is limited by statute. The City Council may include in the fee resolution a schedule to phase in specific fee increases over a period not to exceed five years.
B. The City Council shall establish, pursuant to the fee resolution, the actual fee or charge for each user service described in the fee resolution. The fee or charge shall be based upon the actual cost of providing the user service, multiplied by the relevant cost recovery percentage.
C. The City Council may, without amending this chapter, 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.
D. The City Council may modify the municipal functions determined to be user services in the fee resolution and the cost recovery percentage for any service only by amending this chapter.
E. Fees for service established in the fee resolution may be waived by:
1. The City Council;
2. The City Manager, up to an amount not to exceed one thousand dollars ($1,000.00), per occurrence, for fees imposed on nonprofit organizations for nonprofit sponsored events; or
3. The City Manager or the Finance Director up to an amount not to exceed five thousand dollars ($5,000.00), per occurrence, if the City Manager or Finance Director determines that the imposition of the fee would exceed the actual cost to the City or would result in duplicative fees for services rendered.
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 |
|---|---|
|
All Departments |
|
|
Appeals—For Any User Services Appeal Not Otherwise Specified—Appellant Successful |
0% |
|
Appeals—For Any User Services Appeal Not Otherwise Specified—Appellant Unsuccessful |
50% |
|
Community Development Department |
|
|
Chapter 17.65 Appeal—Appellant Successful |
0% |
|
Chapter 17.65 Appeal to City Council—Appellant Unsuccessful |
$940 |
|
Chapter 17.65 Appeal to Harbor Commission—Appellant Unsuccessful |
$1,250 |
|
Building |
|
|
Appeals Board Hearing—Appellant Successful |
0% |
|
Appeals Board Hearing—Appellant Unsuccessful |
50% |
|
Harbor Construction |
50% |
|
Preliminary Plan Review |
First Two Hours Free, Full Cost Thereafter |
|
Planning |
|
|
Appeals to City Council or Planning Commission—Appellant Successful |
0% |
|
Appeals to City Council or Planning Commission—Appellant Unsuccessful |
50% |
|
Coastal Development Permit Application Appeals from Zoning Administrator to Planning Commission |
0% |
|
General Plan Maintenance Fee |
12% |
|
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—Appellant Successful |
0% |
|
Short Term Lodging Permit Suspension or Revocation Hearing—Appellant 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 |
|
Harbor Department |
|
|
Chapter 17.65 Appeal—Appellant Successful |
0% |
|
Chapter 17.65 Appellant to City Council—Applicant Unsuccessful |
$940 |
|
Chapter 17.65 Appeal to Harbor Commission—Appellant Unsuccessful |
$1,250 |
|
Library Services Department |
|
|
Black and White Copies from Self-Service Copier or Printer |
$0.15 |
|
Color Copies from Self-Service Copiers or Printers |
$0.45 |
|
Use Fees—Materials |
$1 |
|
Inter-Library Loan |
$5 |
|
Police Department |
|
|
Bike Licenses |
0% |
|
Citation Sign-off |
$10 |
|
Fingerprinting—City Portion |
$25 |
|
Secondhand/Pawn Dealer Tag Check |
0% |
|
Registrant—Narcotics |
0% |
|
Registrant—Sex |
0% |
|
Animal Shelter |
|
|
Adoption Fee—Puppies |
$225 |
|
Adoption Fee—Senior Dog—Animal Over Eight (8) Years Old |
$70 |
|
Adoption Fee—Dog—All Other |
$150 |
|
Adoption Fee—Kittens |
$110 |
|
Adoption Fee—Senior Cat—Animal Over Eight (8) Years Old |
$70 |
|
Adoption Fee—Cat—All Other |
$90 |
|
Adoption Fee—Small Animals |
$45 |
|
Boarding Fee (per day)—Animals |
$25 |
|
Boarding Fee (per day)—Small Animals |
$10 |
|
Owner Turn-In Fee— Altered Animal |
$100 |
|
Owner Turn-In Fee—Unaltered Animal |
$200 |
|
Impound Fee—Dogs, Cats, Small Animals |
$62 |
|
Public Works Department |
|
|
Chapter 17.65 Appeal—Appellant Successful |
0% |
|
Chapter 17.65 Appeal to City Council—Appellant Unsuccessful |
$940 |
|
Chapter 17.65 Appeal to Harbor Commission—Appellant Unsuccessful |
$1,250 |
|
RGP Dredging Permit |
42% |
|
Recreation and Senior Services Department |
|
|
Adult Sports |
50%—95% |
|
Administrative Processing Fee |
$5 |
|
Badge Replacement |
$5 |
|
After School/Camp Programs |
|
|
Camps |
20%—50% |
|
After-School/Teen Program |
20%—50% |
|
Preschool Program |
20%—50% |
|
Aquatics |
20%—50% |
|
Contract Classes |
50%—95% |
|
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 |
0%—20% |
|
Resident, Levels 2—3 and Late Fees for Levels 2—3 |
20%—50% |
|
Nonresident, Levels 1—2 and Late Fees for Level 1 |
20%—50% |
|
Nonresident, Level 3 and Late Fees for Levels 2—3 |
50%—95% |
|
Appeal to City Council—Appellant Successful |
0% |
|
Appeal to City Council—Appellant Unsuccessful |
50%—95% |
|
Natural Resources Programs |
0%—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 |
(Ord. 2023-22 § 184, 2023; Ord. 2023-7 § 1, 2023; Ord. 2022-10 §§ 3, 4, 2022; Ord. 2021-13 § 1, 2021; Ord. 2021-7 § 1, 2021; Ord. 2020-10 § 1, 2020; Ord. 2020-5 § 4, 2020; Ord. 2018-15 § 1, 2018; Ord. 2018-13 § 1, 2018; Ord. 2016-14 § 1, 2016; Ord. 2015-29 § 1, 2015; Ord. 2015-9 § 1, 2015; Ord. 2013-18 §§ 1, 2, 2013; Ord. 2013-1 § 1, 2013; Ord. 2011-28 § 1, 2011; Ord. 2011-10 § 1, 2011; Ord. 2009-32 § 1 (Exh. A), 2010; Ord. 2009-21 § 1 (Att. 1), 2009; Ord. 2008-14 § 1 (Exh. 1) (part), 2008: Ord. 2004-4 § 3, 2004; Ord. 2002-26 Exh. A, 2002; Ord. 2000-24 § 1, 2000; Ord. 98-18 § 1, 1998; Ord. 97-8 §§ 1 (part), 2, 1997)
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. (Ord. 2008-14 § 1 (Exh. 1) (part), 2008: Ord. 97-8 § 1 (part), 1997)