HomeMy WebLinkAbout2016-21 - Adopting New Sewer Service and Use and Consumption Rates Pursuant to Newport Municipal Code Section 14.24.065RESOLUTION NO. 2016-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, ADOPTING NEW
SEWER SERVICE AND USE AND CONSUMPTION
RATES PURSUANT TO NEWPORT MUNICIPAL CODE
SECTION 14.24.065
WHEREAS, the City of Newport Beach charges users of the City's sewer system
to cover the operation and maintenance and capital improvement of the sewer system;
and
WHEREAS, in 2013, the City's Municipal Operations Department retained the
consulting services of HF&H Consultants, LLC (HF&H) to prepare a sewer rate study in
order to analyze the current cost to the City to provide sewer services 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 for sewer customers, a fixed fee component for non -water
customers, and a variable commodity charge; 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 the sewer services a rate that reflects the City's
current cost of maintaining the sewer system; and
WHEREAS, in November 1996, California voters approved Proposition 218 and
as a result thereof, California public entities must comply with the requirements set
forth in Proposition 218when setting rates for sewer service; and
WHEREAS, one requirement of Proposition 218 requires that a noticed public
hearing on sewer rates be held and that rates not be increased if a majority of affected
property owners protest the increased rates in writing; and
WHEREAS, on January 12, 2016, a public hearing was conducted in the City
Council Chambers at 100 Civic Center Drive, Newport Beach, CA 92660 to allow
public testimony and discussion of the proposed sewer rate adjustments; and
WHEREAS, at this time, the City Council took in written and oral
comments that evening, considered all written protests against the proposed charges
to determine if a majority protest exists; and
WHEREAS, subsequent to the public hearing and at its regular meeting on
January 26, 2016, the City Council determined that a majority protest did not exist and
thereafter introduced of Ordinance No. 2016-1; and
Resolution No. 2016-21
Page 2 of 3
WHEREAS, if approved following a second reading at a regular meeting of City
Council, and upon its effective date, Ordinance No. 2016-1 will amend Section 14.24.065
of the Newport Beach Municipal Code to establish sewer service and use charges as
follows:
NOW THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The City Council does hereby approve and adopt the sewer use
and consumption charges set forth in the recitals.
Section 2: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution.
FY 2015-16
FY 2016-17
FY 2017-18
FY 2018-19
FY 2019-20
Effective Increase Date
3/01/2016
01/01/2017
01/01/2018
01/01/2019
01/01/2020
Monthly Sewer Use Charge
5/8" or 3/4"
$6.04
$6.71
$7.44
$8.26
$9.17
1"
$6.04
$6.71
$7.44
$8.26
$9.17
11/2"
$6.65
$7.38
$8.19
$9.09
$10.09
2"
$9.06
$10.06
$11.17
$12.40
$13.76
21/2"
$9.67
$10.73
$11.91
$13.22
$14.68
3"
$10.27
$11.40
$12.66
$14.05
$15.59
4"
$12.08
$13.41
$14.89
$16.53
$18.34
6"
$13.59
$15.09
$16.75
$18.59
$20.64
8"
$15.11
$16.77
$18.61
$20.66
$22.93
10"
$19.33
$21.46
$23.82
$26.44
$29.35
Monthly Sewer Use Charge
(Sewer Only Customers)
Rate per Account
$10.51
$11.66
$12.94
$14.37
$15.95
Sewer Consumption Charge
Rate per HCF
$0.39
$0.43
$0.48
$0.53
$0.59
NOW THEREFORE, the City Council of the City of Newport Beach hereby
resolves as follows:
Section 1: The City Council does hereby approve and adopt the sewer use
and consumption charges set forth in the recitals.
Section 2: The recitals provided above are true and correct and are
incorporated into the operative part of this resolution.
Resolution No. 2016-21
Page 3 of 3
Section 3: If any section, subsection, sentence, clause or phrase of this
resolution 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 resolution. The
City Council hereby declares that it would have passed this resolution, 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 unconstitutional.
Section 4: The City Council finds the adoption of this resolution is exempt from
environmental review under the California Environmental Quality Act ("CEQA") pursuant
to Section (15060(c)(2) (the activity (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: This resolution shall only take effect immediately upon effective date
of Ordinance No. 2016-1.
ADOPTED this 26t" day of January, 2016.
ATTEST:
Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
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. 2016-21 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 26th day of January, 2016, and that the
same was so passed and adopted by the following vote, to wit:
NAYS: Council Member Selich, Council Member Curry, Council Member Petros,
Mayor Dixon
AYES: Council Member Peotter, Council Member Duffield, Mayor Pro Tem Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of January, 2016.
- i2i �v
City Clerk
Newport Beach, California