Attachment A
Ordinance No. 2026-04
L
ORDINANCE NO. 2026-_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
NEWPORT BEACH MUNICIPAL CODE SECTION 3.36.030
RELATED TO COST RECOVERY PERCENTAGES
WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California;
WHEREAS , the City funds certain municipal services, which are typically performed without request by the user, that 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 a person requesting the service;
WHEREAS , Subsection (A) of Section 3.36.030 (Cost Recovery Percentages) of the Newport Beach Municipal Code ("NBMC") 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 Exhibit A to Section 3.36.030 (Cost Recovery Percentages) of the NBMC ("Exhibit A");
WHEREAS, the Administrative Services 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 services for our residents;
WHEREAS, any instances with reference to Finance Director in Section
3.36.030 have been updated to reflect the title of Administrative Services Director/Treasurer ;
WHEREAS , on April 16, 2026, the proposed revisions to Exhibit A were presented to the City's Finance Committee; and
WHEREAS, City staff recommends the City Council adopt the proposed revisions to Exhibit A.
Ordinance No. 2026-_
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Section 3.36.030 (Cost Recovery Percentages) and its Exhibit A of the NBMC, are hereby amended to read as follows:
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 Administrative Services Director/Treasurer up to an amount not to exceed five thousand dollars ($5,000 .00), per occurrence , if the City Manager or Administrative Services Director/Treasurer 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
Ordinance No. 2026-
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.
Percentage of Cost or
Service Amount to Be Recovered
from Direct Fees
All Departments
Appeals-For Any User Services Appeal 0%
Not Otherwise Specified-Appellant
Successful
Appeals-For Any User Services Appeal 50%
Not Otherwise Specified- Appellant
Unsuccessful
Administrative Services Department
Admin. Cite Hearings 0%
Parking Hearings 0%
Short Term Lodging Permit Suspension 0%
or Revocation Hearing-Appellant
Successful
Short Term Lodging Permit Suspension 50%
or Revocation Hearing-Appellant
Unsuccessful
Zero Bill Reprint 0%
Community Development Department
Building
Service
Appeals Board Hearing-Appellant
Successful
Appeals Board Hearing-Appellant
Unsuccessful
Harbor Construction
Preliminary Plan Review
Planning
Appeals to City Council or Planning
Commission-Appellant Successful
Appeals to City Council or Planning
Commission-Appellant Unsuccessful
Coastal Development Permit Application
Appeals from Zoning Administrator to
Planning Commission
General Plan Maintenance Fee
Reasonable Accommodation
Fire Department
Emergency Medical Services
Advanced Life Support (ALS)-
Nontransport
Basic Life Support (BLS)-Nontransport
Ordinance No. 2026-
Percentage of Cost or
Amount to Be Recovered
from Direct Fees
0%
50%
50%
First Two Hours Free, Full
Cost Thereafter
0%
50%
0%
12%
0%
$450
$450
Service
ALS First Responder Fee
BLS First Responder Fee
Lifeguard Operations & Junior
Lifeguards Program
Junior Lifeguards Program Participant
Fee
Harbor Department
Chapter 17.65 Appeal-Appellant
Successful
Chapter 17 .65 Appeal to City Council or
Harbor Commission-Appellant
U nsuccessfu I
Deposit/Late Cancellation Fee for Use of
Human Lift-Marina Park
Deposit/Late Cancellation Fee for Use of
Ordinance No. 2026-
Percentage of Cost or
Amount to Be Recovered
from Direct Fees
$450
$450
85% of the FY 26/27 Fee
effective July 1, 2026. A six
percent (6%) adjustment
shall occur to the Junior
Guard Participant Fee on
July 1, 2027, and each year
thereafter until the full cost of
service is reached. The
underlying cost of service
used to calculate the Junior
Lifeguard Participant Fee
shall be adjusted annually by
CPI beginning on July 1,
2027.
0%
50%
0%
0%
Service
Human Lift-Balboa Marina PD
Library Services Department
Black and White Copies from Self-
Service Copier or Printer
Color Copies from Self-Service Copiers
or Printers
Use Fees-Materials
Inter-Library Loan
Police Department
Citation Sign-off
Fingerprinting-City Portion
Registrant-Narcotics
Registrant-Sex
Animal Shelter
Adoption Fee-Puppies
Adoption Fee-Senior Dog-Animal
Over Eight (8) Years Old
Adoption Fee-Dog-All Other
Adoption Fee-Kittens
Ordinance No. 2026-
Percentage of Cost or
Amount to Be Recovered
from Direct Fees
$0.15
$0.45
$1
$5
$10
$30
0%
0%
$225
$70
$150
$110
Service
Adoption Fee-Senior Cat-Animal
Over Eight (8) Years Old
Adoption Fee-Cat-All Other
Adoption Fee-Small Animals
Boarding Fee (per day)-Animals
Boarding Fee (per day)-Small Animals
Owner Turn-In Fee-Altered Animal
Owner Turn-In Fee-Unaltered Animal
Impound Fee-Dogs, Cats, Other
Similar Size Animals
Public Works Department
Chapter 17.65 Appeal-Appellant
Successful
Chapter 17.65 Appeal to City Council or
Harbor Commission-Appellant
Unsuccessful
Recreation and Senior Services
Department
Adult Sports
Administrative Processing Fee
Badge Replacement
Ordinance No. 2026-_
Percentage of Cost or
Amount to Be Recovered
from Direct Fees
$70
$90
$45
$25
$10
$100
$200
$70
0%
50%
50%-95%
$5
$5
Service
After School/Camp Programs
Camps
After-School/Teen Program
Preschool Program
Aquatics
Contract Classes
Class Refunds
$74 or less
$75 or more
Youth Sports
Special Events-Levels 1, 2, and 3
Resident, Level 1 and Late Fees for
Level 1
Resident, Levels 2-3 and Late Fees for
Levels 2-3
Nonresident, Levels 1-2 and Late Fees
for Level 1
Nonresident, Level 3 and Late Fees for
Levels 2-3
Appeal to City Council-Appellant
Ordinance No. 2026-
Percentage of Cost or
Amount to Be Recovered
from Direct Fees
20%-50%
20%-50%
20%-50%
20%-50%
50%-95%
$10
$20
20%-50%
0%-20%
20%-50%
20%-50%
50%-95%
0%
Service
Successful
Appeal to City Council-Appellant
Unsuccessful
Natural Resources Programs
Senior Services
OASIS Transportation
Contract Classes
Fitness Center
Utilities Department
Construction Water Meter Establishment
Fats, Oils, and Grease (FOG) Annual
Permit
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
Ordinance No. 2026-_
Percentage of Cost or
Amount to Be Recovered
from Direct Fees
50%-95%
0%- 20%
$1 - $3 each way
20%- 50%
50%- 95%
50%
0%
$0
Section 2: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance.
Ordinance No. 2026-
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 or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutiona I.
Section 4: The City Council finds the introduction and adoption of this ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 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, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.
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.
Ordinance No. 2026-
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, or a summary thereof , to be published pursuant to City Charter Section 414. This ordinance shall be effective thirty (30) calendar 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 12th day of May, 2026, and adopted on the 26th day of May, 2026, by the following vote, to-wit:
AYES: ____________________ _
NAYS: ___ _________________ _
ABSENT: ___________________ _
Lauren Kleiman, Mayor
ATTEST:
Lena Shumway, City Clerk
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE