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HomeMy WebLinkAbout05 - Adoption of Updated Recycled Water RatesCITY OF NEWPORT BEACH City Council Staff Report September 09, 2014 Agenda Item No. 5. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: George Murdoch, Acting Municipal Operations Department Director - (949) 644- 3011, gmurdoch @newportbeachca.gov PREPARED BY: George Murdoch PHONE: (949) 644 -3011 TITLE: Adoption of Updated Recycled Water Rates (Ordinance and Resolution) ABSTRACT: The City of Newport Beach provides non - potable (recycled) water to irrigate parks, school landscaping, center medians and golf courses. At the conclusion of a rate study and City Council direction, the proposed new recycled water rate reduces the overall costs to our recycled water customers by approximately 50 %. City Council on August 12, 2014, conducted a public hearing regarding recycled water rates. The public hearing concluded a 45 -day public comment period in compliance with State law. In the absence of a majority protest from recycled water customers, City Council introduced Ordinance Chapter 14.13.010 "Recycled Rates Established" (Attachment A) and passed the second reading of the ordinance to September 9, 2014. Attachment B shows the current and proposed rates for recycled water. Staff is also recommending the adoption of a resolution amending the Master Fee Schedule to include the fees associated with recycled water use (Attachment C). The adjusted fees will take effect 30 days after the second reading of the ordinance. RECOMMENDATION: a) Conduct second reading and adopt Ordinance No. 2014 -13, An Ordinance of the City Council of the City of Newport Beach Amending the Newport Beach Municipal Code to Add Chapter 14.13 Regarding Recycled Water Rates (Staff Report Attachment A); and b) Adopt Resolution No. 2014 -78, A Resolution of the City Council of the City of Newport Beach Adding Recycled Water Rates to the City's Master Schedule of Fees, to remove the existing recycled water commodity rate and add the approved adjusted rates (Staff Report Attachment C). FUNDING REQUIREMENTS: There are no funding requirements to implement the recycled rate structure; however this action will change the recycled water rate and structure currently being charged to users of recycled water and will generally result in a significant rate reduction. 5 -1 DISCUSSION: On June 10, 2014, the Municipal Operations Department presented to Council a technical memorandum that discussed the proposed recycled water rate structure. The City Council reviewed the results and directed staff to send out a notice to all customers in compliance with State law. Attachment B shows the current and proposed rates for recycled water. On June 23, 2014, the City Clerk mailed notices to all property owners for which the city provides recycled water. A 45 -day notice period concluded at the end of the public hearing on August 12, 2014. The City Clerk informed the City Council that there were no protests received. Pursuant to State law, if there is an absence of a majority written protests then the rates may be adjusted. In the absence of the majority protests, City Council introduced ordinance Chapter 14.13.010 "Recycled Water Rates Established" of the Newport Beach Municipal Code, and passed the second reading to September 9, 2014 (Attachment A). Resolution No. 2014 -77 (Attachment C) removes the existing recycled water commodity rate in the Master Fee Schedule and adds the approved adjusted rates. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act ( "CEQX) 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, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item), as well as via the protest provisions noted in the staff report. ATTACHMENTS: Description Attachment A - Ordinance - Recycled Water Rates Established Attachment B - Proposed Five Year Rates Attachment C - Resolution - Master Fee Schedule 5 -2 ATTACHMENT A ORDINANCE NO. 2014- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING THE NEWPORT BEACH MUNICIPAL CODE TO ADD CHAPTER 14.13 REGARDING RECYCLED WATER RATES WHEREAS, The City of Newport Beach provides non - potable (recycled) water for the purposes of irrigating parks, schools, center medians and golf courses. Recycled water is purchased from the Orange County Water District through the Green Acres Project; and WHEREAS, The City charges users of recycled water a rate set at 80% of the potable water rate; and WHEREAS, The City's Municipal Operations Department retained the consulting services of HF &H Consultants, LLC ( "HF &H ") to prepare a recycled water rate study in order to analyze the current cost to the City to provide recycled water and to provide recommendations regarding an appropriate rate structure; and WHEREAS, The HF &H study recommended a revised rate structure that includes a fixed fee component, a commodity charge and a pump station charge if the recycled water is provided by a pump station that is maintained by the City; and WHEREAS, The City Council has reviewed the conclusions of the HF &H study and agrees that the recommended rate structure should be implemented, which will allow the City to charge the users of recycled water a rate that reflects the City's current cost of providing recycled water. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 14.13.010 is hereby added to the Newport Beach Municipal Code to read as follows: 14.13.010 Recycled Water Rates Established. Recycled water, also known as '.reclaimed" water, is used as a conservation measure to reduce potable drinking water demand. Recycled water is non - potable, treated wastewater used for landscape irrigation including but not limited to: park landscape areas, school landscape areas, roadway medians and parkways, and golf course landscaping. The city purchases recycled water pursuant to an agreement with the Orange County Water District (OCWD). Upon the effective date of this chapter, a recycled water fixed rate, commodity charge, and pump station rate shall be established, and users of recycled water shall be charged these rates in accordance with the provisions of this chapter. 5 -3 A. There shall be charged and collected a monthly fixed recycled water service charge from each customer for each meter. The fixed water service charge recaptures the City's costs to operate and maintain the recycled water system, including required capital infrastructure improvements, but excluding pump station maintenance, repairs and improvements. Fixed water service charges shall be effective January 1st of each year and charged according to the Fee Schedule adopted by resolution of the City Council. B. There shall be charged and collected a monthly commodity charge from each customer for each meter. The commodity charge is a per unit charge that recaptures the City's cost to purchase recycled water from OCWD. If the City's cost of recycled water increases by more than the projected rate to purchase water from OCWD, the commodity charge will be adjusted annually to reflect the City's cost to purchase recycled water from OCWD. The commodity charge shall be effective January Vt of each year and charged according to the Fee Schedule adopted by resolution of the City Council. C. There shall be charged and collected a monthly pump station charge from each customer receives water by means of a pump station. The pump station charge recaptures the City's cost to operate, repair, maintain, and replace the pump stations that may be necessary to provide recycled water. Pump station charges shall be effective January 1st of each year and charged according to the Fee Schedule adopted by resolution of the City Council. 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 4: The City Council finds the 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. 6S: 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 once in the official newspaper of the City, and it shall be effective thirty (30) 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 August, 2014, and adopted on the gth day of September, 2014, by the following vote, to -wit: AYES. COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MA ATTEST: RUSH N. HILL, II LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AA_ RON C. HARP, CITY ATTORNEY 15 I� 5 -5 Attachment B: Proposed Five -Year Recycled Water Rate Establishment Monthly Service Charge Current Year 1 Year 2 Year 3 Year 4 Year 5 5/8" or 3/4" $13.82 $18.91 $19.29 $19.68 $20.07 $20.47 1" $23.03 $31.53 $32.16 $32.80 $33.46 $34.13 1 1/2' $46.06 $63.05 $64.32 $65.60 $66.91 $68.25 2" $73.70 $100.88 $102.90 $104.95 $107.05 $109.19 3" $138.18 $189.15 $192.94 $196.80 $200.73 $204.75 4" $230.30 $315.25 $321.56 $327.99 $334.55 $341.24 6" $460.61 $630.50 $643.11 $655.98 $669.10 $682.48 8" $736.98 $1,008.81 $1,028.99 $1,049.57 $1,070.56 $1,091.97 Commodity Charge Per HCF 1 $2.46 $0.855 $0.872 $0.890 $0.907 $0.926 Pump Station Charge Per HCF none $0.361 $0.368 $0.375 $0.383 $0.391 M ATTACHMENT C RESOLUTION NO. 2014- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA ADDING RECYCLED WATER RATES TO THE CITY'S MASTER SCHEDULE OF FEES WHEREAS, the City of Newport Beach ( "City ") retained the consulting services of HF &H Consultants, LLC ( "HF &H ") to analyze the cost of services for recycled water use and recommend an appropriate recycled water rate structure to the City; and WHEREAS, pursuant to its agreement, HF &H recommended a revised recycled water rate structure which includes a fixed fee component, a commodity charge and a pump station charge (if the recycled water is provided by a pump station that is maintained by the City); and WHEREAS, the City mailed notices to all customers for which the City provides recycled water regarding the recycled water rate structure, and the City conducted a public hearing to accept comments on the proposed recycled water rates; and WHEREAS, there were no comments or protests on the recommended recycled water rate structure; and WHEREAS, the fees are no more than the cost to the City to provide such services; and WHEREAS, NBMC Section 3.36.030 provides that cost recovery percentage for most user services shall be one hundred percent (100 %), and provides that the City Council may modify the fee resolution upon a determination that there has been an increase or decrease in one or more cost factors relevant to the calculation of the actual cost of providing the service; and WHEREAS on August 12, 2014, City Council approved the HF &H recycled water rate structure recommendation and hereby adopts Newport Beach Municipal Code ( "NBMC ") Section 14.13.010, Recycled Water Rates Established, to charge and collect a monthly fixed recycled water service charge, a monthly commodity charge for each meter and a monthly pump station charge from each customer who receives water by means of a pump station; and WHEREAS, City Council desires to incorporate the recycled water rate schedule into the City's master fee schedule. WHEREAS, the current Commodity Charge — Recycled Water fee shall be deleted. 5-7 NOW, THERFORE, BE IT RESOLVED by the City Council of the City of Newport Beach, as follows: 1. The schedule of fees for service, attached to this Resolution as Exhibit "A" are hereby adopted and shall become effective in thirty (30) days. 2. The fees for Recycled Water Rates shall be updated January of each year pursuant to the annual schedule attached to this Resolution as Exhibit "B ". Adopted this th of September 2014. Mayor ATTEST: City Clerk F1Si