HomeMy WebLinkAboutResolution 2008-68 - Newsrack Permit Fee - Amend user fees R Council/Agency Meeting Held: // /
Deferred/Continued to:
Ap roved C nditionally Approve ❑ Denied C' ler s Sig a re
-U- o PO ,
Council Meeting Date: 11/17/2008 Department ID Number: PL 08-14
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL. ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY CO IL
SUBMITTED BY: FRED WILSON, CITY ADMINISTR
PREPARED BY: SCOTT HESS, DIRECTOR OF PLA I
SUBJECT: ADOPT RESOLUTION AMENDING FEE SCHEDULE TO CREATE A
NEWSRACK PERMIT FEE
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: On August 18, the City Council adopted Ordinance No. 3813
amending the Newsrack provisions of section 12.37 of the Huntington Beach Municipal Code
and Resolution 2008-52 designating the number and location of newsracks in the Downtown
Specific Plan Area. Part of the Council action was to authorize a fee to offset costs involved
in reviewing applications, issuing permits for installing newsracks, and monitoring and
enforcement. This resolution would amend the City fee structure to create an initial fee and
annual renewal fee for newsracks in the Downtown Specific Plan pursuant to that action.
Funding Source: No funding is required. Minor adjustments to the General Fund revenue
are possible and discussed in the analysis.
Recommended Action: Motion to:
"Adopt Resolution No. 2008-68 A Resolution of the City Council of the City of
Huntington Beach Amending Resolution No. 2007-58 Entitled, `A Resolution of the City
Council of the City of Huntington Beach Establishing a Citywide User Fees Schedule and
Repealing Resolution No. 2005-74 and all Supplemental Resolutions Thereto.' and
Establishing a New User Fee for Newsracks in the Downtown Specific Plan Boundary."
Alternative Action(s):
A. Do not adopt resolution No. 2002-68 This action will result in retaining the
existing fee schedule.
B. Continue the item and direct staff accordingly.
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 11/17/2008 DEPARTMENT ID NUMBER: PL 08-14
Analysis:
On August 18, the City Council adopted Ordinance No. 3813 amending the Newsrack
provisions of section 12.37 of the Huntington Beach Municipal Code and Resolution 2008-52
designating the number and location of newsracks in the Downtown Specific Plan Area. The
ordinance will go into effect on January 1, 2009. These actions were based on the
recommendation of the ad-hoc committee that was formed per City Council direction to
review newsracks, temporary outdoor sales and handbill distribution in the Downtown area.
One of the ad hoc committee's recommendations was to create a fee to offset costs involved
in reviewing applications, issuing permits for installing newsracks, and monitoring and
enforcement of the new ordinance.
Staff recommends that a fee of $50.00 be assessed for an initial application and $15 be
assessed for an annual renewal. These amounts are based on the time involved by the
Planning Department's Code Enforcement Division and the City Treasurer's Office in
implementing the ordinance.
For purposes of comparison, staff has surveyed other Cities that impose a newsrack fee.
Those fees are:
Agoura Hills: $120 for one rack, $132 for two racks, $144 for 3 racks
Burbank: $40 initial, $10 annual renewal
Encinitas: $290
Fountain Valley: $135 (1st rack), $85 each additional rack
Gardena $24.75
Newport Beach: $57
Thousand Oaks: $180
The proposed fee of $50 for an initial permit and $15 for an annual renewal would be toward
the lower end of newsrack fees by cities that assess a permit fee for newsracks. As there
are currently 85 approved locations in the Downtown Specific Plan Area, the proposed fee
could result in fees of $4,250 for the initial permit and $1 ,275 for annual renewals.
Strategic Plan Goal:
F-2 Fully understand the financial implications of financial decisions before they are
made, and recognize and disclose fiscal impacts of the pension crisis.
Environmental Status: Not applicable.
-2- 11/3/2008 4:43 Pill
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 11/17/2008 DEPARTMENT ID NUMBER: PL 08-14
Attachment(s):
Pk�qe- a -r: NjoL MetUipfi6ft
1. "Adopt Resolution No. 2008-68 A Resolution of the City
Council of the City of Huntington Beach Amending Resolution
No. 2007-58 Entitled, `A Resolution of the City Council of the City
of Huntington Beach Establishing a Citywide User Fees
Schedule and Repealing Resolution No. 2005-74 and all
Supplemental Resolutions Thereto and Establishing a New
User Fee for Newsracks in the Downtown Specific Plan
Boundary."
2. Power Point Presentation
-3- 11/3/2008 4:43 PM
ATTACHMENT # 1
RESOLUTION NO. 2008-68
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 2007-58
ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A.CITYWIDE USER FEES SCHEDULE AND
REPEALING RESOLUTION NO. 2005-74 AND ALL SUPPLEMENTAL RESOLUTIONS
THERETO"AND ESTABLISHING A NEW USER FEE FOR NEWSRACKS IN THE
DOWNTOWN SPECIFIC PLAN BOUNDARY
WHEREAS, in 2005 the City Council commissioned Public Resource Management
Group, LLC ("PRM")to identify the cost of fee-related services to assure the City was charging
the proper amount of fee for City services. The PRM study determined that labor cost was an
appropriate component of fees based on a fair distribution of all Citywide and departmental
overhead costs as described in the 2005 study across all activities; and
The City Council approved the PRM study in 2005, finding that fees for any service
should include a cost component that can be directly or indirectly associated with the service;
and
In 2007 the City Council determined that the Consumer Price Index ("CPI") for the
period of November 2005 to April 2007 had increased by 5.96%, and that the CPI Index was a
reasonable calculation of the increased departmental overhead costs incurred by the City to
provide City services; and
On September 4, 2007, the City Council adopted Resolution No. 2007-58 establishing a
user fee schedule for the City; and
On August 18, 2008 the City Council adopted Ordinance No. 3813 amending Newsrack
Ordinance 12.37 of the Huntington Beach Municipal Code and Resolution 2008-52 designating
the number and location of newsracks in the Downtown Specific Plan Boundary. In doing so,
the City Council also authorized a fee to recover the costs of enforcing the ordinance within the
Downtown Specific Plan Boundary.
Staff has determined that an initial newsrack fee of$50.00, and, a renewal newsrack fee
of$15.00, for newsracks within the Downtown Specific Plan Boundary would accurately and
reasonably reflect the City's costs of enforcing Ordinance No. 3813; and
The City Council desires to update the existing fees charged to the public consistent with
Staff s analysis, and impose fees that do not exceed the estimated reasonable cost of providing
the service for which the fee is imposed; and
The City Council has determined that the fees set forth in this Resolution are fair and
reasonable, and necessary to offset the cost of programs and services being offered,
08-1859/27722 1
Resolution No. 2008-68
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
I. Resolution No. 2007-58 is hereby amended to incorporate the new fees set forth
in Exhibit"A" attached hereto and by this reference made a part hereof.
2. The fee set forth in Exhibit"A" and adopted by this Resolution shall be effective
on January 1, 2009, following the adoption of this Resolution,and continue thereafter.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 17th day of November , 20 08
Mayor
REVIE APPROVED: APPROVED AS TO FORM:
r
City A ini5 trator 11 3 Ci Attorney OK.m Lo %
INITI TED ND PROVED:
Dire for of Planning
08-1859/27722 2
Planning Department
User Fees
Fee Description Current Fee Amount Recommended New Fee
Amount @ Policy Level
Newsrack Fee -- Initial new fee $ 50.00
Newsrack Fee -- Renewal new fee $ 15.00
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Exhibit "A" (November 17, 2008)
Res. No. 2008-68
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON REACH )
1, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a regular meeting thereof held on November 17, 2008 by the following vote:
AYES: Hansen, Hardy, Bohr, Cook, Coerper, Green
NOES: None
ABSENT: Carchio
ABSTAIN: None
ity Clerk and ex-off& Clerk of the
City Council of the City of
Huntington Beach, California
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CA ROUTING SHEET
INITIATING DEPARTMENT: Planning
SUBJECT: Newsrack Fees
COUNCIL MEETING DATE: November 17, 2008
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached
Not Applicable ❑
Tract Map, Location Map and/or other Exhibits Attached ❑
Not Applicable
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached
t Applicable
Staff Report (If applicable) Attached
t Applicable
Commission, Board or Committee Report (If applicable) Attached
t Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FOR A DED
Administrative Staff
Deputy City Administrator (initial)
City Administrator (Initial) Anz )
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
® a
RCA Author: C. Davis
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH
NOTICE IS HEREBY GIVEN that that a public hearing will be held by the City
Council of the City of Huntington Beach, in the Council Chambers of the Civic
Center, Huntington Beach located at 2000 Main Street, at the hour of 6:00 PM,
or as soon as possible thereafter on Monday, the 17th of November, 2008, for the
purpose of considering the Adoption of a Resolution Amending the
Comprehensive Fee Schedule for City User Fees, creating an initial fee and an
annual renewal fee for Newsracks in the Downtown Specific Plan.
The revisions to be considered are necessary to recover the enforcement costs
of Ordinance No. 3813 and fall under the responsibility of the Planning
Department.
All interested persons are invited to attend to express their opinions for, or
against, the proposed fee revisions with written or oral comments. Written
communications to the City Council should be mailed to the Office of the City
Clerk at the address below. Further information may be obtained from the
Planning Department, 2000 Main Street, Huntington Beach, CA, 92648-2702
(telephone number: (714) 536-5271).
ALL INTERESTED PERSONS are invited to attend said hearing and express
opinions or submit evidence for or against the application as outlined above. If
you challenge the City Council's action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in
this notice, or in written correspondence delivered to the City at, or prior to, the
public hearing. If there are any further questions please call the Planning
Department at 536-5271 and refer to the above items. Direct your written
communications to the City Clerk
Joan L. Flynn, City Clerk
City of Huntington Beach
2000 Main Street, 2nd Floor
Huntington Beach, California 92648
(714) 536-5227
G:\LEGALS\CITY COUNCIL\2008\081117 (newsrack fees).DOC
CITY COUNCIL/REDEVELOPMENT AGENCY
PUBLIC NEARING REQUEST FOR
MEETING DATE: ,; ,�,�...,�2 � oo o
SUBJECT:
DEPARTMENT:
CONTACT NAME: �r 1��� �� PHONE:
N/A YES NO
( ) > ( ) Is the notice attached?
( ) ( ~} ( ) Do the heading and closing of the notice reflect a hearing before the City
Council and/or Redevelopment Agency?
Are the date, day and time of the public hearing correct?
If an appeal, is the appellant's name included in the notice?
()Q ( ) ( ) If Coastal Development Permit, does the notice include appeal language?
( ( ) ( ) Is there an Environmental Status to be approved by Council?
Is a map attached for publication?
( ( ) ( ) Is a larger ad required? Size
(X) ( ) ( ) Is the verification statement attached indicating the source and
accuracy of the mailing list?
( ) ( ) ( ) Are the applicant's name and address part of the mailing labels?
(? ( ) ( ) Are the appellant's name and address part of the mailing labels?
(X) ( ) ( ) If Coastal Development Permit, is the Coastal Commission part of the
mailing labels?
( ) ( ) ( ) If Coastal Development Permit, are the resident labels attached?
Is Summary Report 33433 attached? (Redevelopment Agency items only)
What is the minimum number of days from publication to hearing date? I U i
What is the minimum number of times to be published? - i o ��,
What is the specified number of days between publications? ^{
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Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California,under date of Aug. 24, 1994,case
A50479.
NOTICE OF PUBUC HEARING
PROOF OF BEFORE THE CITY COUNCIL'
OF THE CITY OF
PUBLICATION HUNTING TON HE
' NOTICE, IS HEREBY
'GIVEN that that a public
hearing will be held by
the City Council of the
STATE OF CALIFORNIA ) City Beach, i of. Huntington
n the Council i
l Chambers of the Civic
(Center, Huntington
SS. Beach located at 2000
Main Street,at the hour
COUNTY OF ORANGE of 6possibl ore theerr soon
) has pobleafter 'i on Monday, the 17th of j
November,2008,for the
am the Citizen of the United States and a hepose Adoptoof n ofsideri a Res
olution Amending the
resident of the County aforesaid; I am over Comprehensive Fee
Schedule for City User .
the age of eighteen years, and not a party Fees, creatinganlinitial
,lee and an annual ve-
to or interested in the below entitled matter. n e w a I f e e f o r
Down-
am a principal clerk of the HUNTINGTON ownSpecfcPla.
The revisions to be
BEACH INDEPENDENT, a newspaper of (considered are neces-
sary to recover the en- l
general circulation, printed and published in forcement costs"of Or-
dinance No. 3813 and !
the City of Huntington Beach, County of Mall under the responsi-
bility of.the Planning
Orange, State of California, and the Department.
All interested persons
attached Notice is a true and complete copy I are invited to attend to
as was printed and published on the express their the prno-
for, or against, the
corn-
following dates pro-
posed or oral
revisions with
om-
9 (" ).
ments. Written commu-
nications to the, 'City
Council should be '
mailed to the Office of
the-City Clerk at the
address below. Further
information may be ob-
tained from the Plan-
ning Department, 2000
Main Street, Huntington
Beach, CA2
November 6, 2008 (telephon�e9`648-27 numbe0:
(714)536-5271).
ALL INTERESTED PER-
SONS are invited to at-
tend said hearing and,
express opinions or
submit evidence for or
against the application
as outlined above. If
I you challenge the City
Coun'cil's action in j
court, you may be
I declare, under penalty of perjury, that the (limited to raising only i
those issues you or
foregoing is true and correct. someone else raised at
the public, hearing de-
scribed in this notice, I
or in written corre-
spondence delivered to
the City at, or prior to,
Executed on at Costa (Mesa, California I.the public hearing.'If '
there are any further
November 6, 2008 questions please call
the Planning Depart-
s ment at 536-5271 and
refer to the .above
items. Direct your, writ-
ten communications to
the City Clerk
Joan L.Flynn,City Clerk
Signat City of Beach
Huntington
<' ! 2000 Main Street,
2nd Floor
Huntington Beach,
California 92648
(714)536-5227
,Published Huntington
1 Beach Independent No-
vember 6,2008 111-098
Huntington Beach Independent has been adjudged a newspaper of general
circulation in Huntington Beach and Orange County by Decree of the Superior
Court of Orange County,State of California,under date of Aug.24, 1994,case
A50479.
PROOF OF N - P _H
NOTICE OF PUBLIC HEARINGING
PUBLICATION BEFORE THE CITY COUNCIL
OF THE CITY OF
HUNTINGTON BEACH
NOTICE IS HEREBY
STATE OF CALIFORNIA ) GIVEN that that a public J
hearing will'be held by i
the City Council.of the i
City of Huntington I
SS. Beach, in the Council
Chambers of the Civic
COUNTCOUNTY OF ORANGE l Center, Huntington
Y �1 Rt�l� J Beach located at 2000
Main Street,at the hour
of 6:00 PM, or as soon
as' possible thereafter
am the Citizen of the United States and a on Monday, the 17th of
resident of the Count aforesaid; I am over November,2008,for the
y , purpose of considering
the age of eighteen ears, and not a art the Adoption di a Res-'
g g y party olutior! Amending' the.
Comprehensive Fee
to or interested in the below entitled matter. Schedule for City user
Fees, creating an initial
1 am a principal clerk of the HUNTINGTON fee and an annual re-
newal fee for
BEACH INDEPENDENT, a newspaper of Newsracks in the Down- {
town Specific Plan.
general circulation, printed and published in -The revisions to be i
the City of Huntington Beach, County of considered are neces-
sary to recover't_he'en-
forcement costs of'Or-'
Orange, State of California, and the dinance No. 3813 and
fall under the responsi-
attached Notice is a true and complete copy bility of 'the Planning
Department.
as was printed and published on the All interested persons
following date(s): are invited attend to
express their opinions
for, or against,the pro-
posed fee revisions with
written or oral com-
ments. Written commu-
nications to. the City'
Council should be
malted to the Office of
the. City Clerk at the
address below. Further
information may be ob-
November 6, 2008 ning from the Plan-
Wing Department, 2000
Main Street, Huntington'
iBeach, CA, 92648-2702
(telephone number:
(714)536-5271).
ALL INTERESTED PER-
SONS are invited to at-i
[tend said hearing and
lexpress opinions or
submit evidence for or
i against the application
as outlined above. .If
-1 declare, under penalty of perjury, that the iyou challenge the City
Council's action in
foregoing is true and correct. court, yorais ayobe
limit;those, issues you or
1 someone else raised at
the public hearing de-
scribed in this notice,
Executed on at Costa Mesa, California or in written corre-
Ispondence delivered to
November 6, 2008 the City at, or priorto,
;the public hearing. If
'there are' any further
.questions please 'call
e the Planning ,Depart-
ment at 536,5271 and
-refer- to. the above
/Q items. Direct your writ-
Signatu ten'communications to
the City Clerk
!loan L.Flynn,City Clerk
(City of Huntington
Beach
2000 Main Street,"
2nd Floor
`f Huntington Beach,
California 92648
i (714)536-5227
Published Huntington
Beach Independent No-
vember 6,2008 111-098