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HomeMy WebLinkAbout2009-58 - Sewer RatesettingRESOLUTION NO. 2009 -58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ESTABLISHING PROCEDURES FOR THE SUBMISSION AND TABULATION OF PROTESTS IN CONNECTION WITH WATER AND SEWER RATESETTING PROCEEDINGS PURSUANT TO ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION WHEREAS, the City of Newport Beach levies charges for water and sewer services pursuant to the Newport Beach Municipal Code and Section 5470 et seq. of the California Health & Safety Code; and WHEREAS, Section 6 of Article XIIID of the California Constitution sets forth notice, hearing, and protest requirements applicable to increases of water and sewer rates; and WHEREAS, the City desires to establish a uniform set of procedures applicable to the submission and tabulation of protests submitted against proposed water and sewer rate increases. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach as follows: 1. Recitals. The foregoing recitals are all true and correct. 2. Guidelines. The City adopts the guidelines set forth in Exhibit "A" to this Resolution, which is incorporated herein by reference to govern the acceptance and tabulation of protests against proposed water and sewer rate increases. 3. Effective Date. This Resolution shall be effective as of the date of its adoption. PASSED and ADOPTED this 28' day of )ulv. 2009. "T OO&W -0 r.- City Clerk EXHIBIT "A" GUIDELINES FOR THE SUBMISSION AND TABULATION OF PROTESTS Submission of Protests 1. Any utility customer or property owner may submit a written protest against a rate increase proposed with respect to a proposed water rate increase, a proposed sewer rate increase, or both to the City Clerk, either by delivery to the office of the City Clerk or by submitting the protest at the public hearing. Protests must be received by the end of the public hearing. No postmarks will be accepted. 2. Each protest must identify the affected property (by assessor's parcel number or street address) and include the original signature of the utility customer or record property owner. Email or fax protests cannot be accepted. Although oral comments at the public hearing will not qualify as a formal protest unless accompanied by a written protest, the City Council welcomes input from the community during the public hearing on the proposed fees. 3. If a parcel served by the City is the service location for more than one customer or'is owned by more than a single record owner, each customer or owner may submit a protest, but only one protest will be counted per parcel and any one protest submitted in accordance with these rules will be sufficient to count as a protest for that property. 4. In order to be valid, a protest must bear the original signature of the customer or record owner with respect to the property identified on the protest. Protests not bearing the original signature of a customer or record owner shall not be counted. 5. Any person who submits a protest may withdraw it by submitting to the City Clerk a written request that the protest be withdrawn. The withdrawal of a protest shall contain sufficient information to identify the affected parcel and the name of the record owner or record customer who submitted both the protest and the request that it be withdrawn. 6. A fee protest proceeding is not an election. 7. To ensure transparency and accountability in the fee protest tabulation, protests shall constitute disclosable public records from and after the time they are received. Tabulation of Protests 1. The City Clerk shall determine the validity of all protests. The City Clerk shall not accept as valid any protest if the City Clerk determines that any of the following conditions exist: a. The protest does not identify a property served by the City. b. The protest does not bear an original signature of a record owner of the parcel identified on the protest. C. The protest does not state its opposition to the proposed fees. d. The protest was not received by the City Clerk before the close of the public hearing on the proposed fees. e. A request to withdraw the protest is received prior to the close of the public hearing on the proposed fees. 2. The City Clerk's decision that a protest is not valid or does not apply to a specific fee shall constitute a final action of the City and shall not be subject to any internal appeal. 3. A majority protest exists if written protests are timely submitted and not withdrawn by the record owners of a majority of the properties subject to the proposed fee. 4. At the conclusion of the public hearing, the City Clerk shall complete the tabulation of all protests received, including those received during the public hearing and shall report the results of the tabulation to the City Council upon completion. If review of the protests received demonstrates that the number received is manifestly less than one -half of the parcels served by the City with respect to the fee which is the subject of the protest, then the Clerk may advise the City Council of the absence of a majority protest without determining the validity of all protests. STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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 resolution, being Resolution No. 2009 -58 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 28th day of July, 2009, and that the same was so passed and adopted by the following vote, to wit: Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich Noes: None Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 29th day of July, 2009. C)�L- � City Clerk Newport Beach, California (Seal)