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Home My WebLink About2014-13 - Amending the Newport Beach Municipal Code to Add Chapter 14.13 Regarding Recycled Water RatesORDINANCE 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 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. 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 1St 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 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. 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 Gardner, Petros, Curry, Henn, Daigle, Selich, Mayor Hill NOES, COUNCILMEMBERS None ABSENT COUNCILMEMBERS None N. HILL, ATTEST: — �gm LEILANI 1. BROWN, PITY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY q g� (t� M 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 ordinance, being Ordinance No. 2014 -13 was duly and regularly introduced on the 12th day of August, 2014, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 91h day of September, 2014, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Gardner, Council Member Petros, Council Member Curry, Council Member Henn, Council Member Daigle, Mayor Pro Tern Selich, Mayor Hill NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 10th day of September, 2014. ® FORr`•,,s STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } City Clerk / City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2014 -13 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following dates: Introduced Ordinance: August 16, 2014 Adopted Ordinance: September 13, 2014 In witness whereof, I have hereunto subscribed my name this (W day of 2014. ZI-/ FOR City Clerk City of Newport Beach, California (Seal)