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HomeMy WebLinkAbout2024-42 - Confirming the Sewer Fee Report for Fiscal Year 2024-25 and Authorizing the Collection of the Fee Through the Orange County Tax RollRESOLUTION NO. 2024-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CONFIRMING THE SEWER FEE REPORT FOR FISCAL YEAR 2024-25 AND AUTHORIZING THE COLLECTION OF THE FEE THROUGH THE ORANGE COUNTY TAX ROLL WHEREAS, Section 200 of the City of Newport Beach ("City") Charter vests the City Council with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges, or procedures granted or prescribed by any law of the State of California; WHEREAS, in 1992, the City of Newport Beach ("City") adopted a sewer use fee ("Sewer Fee") as set forth in Chapter 14.24 (Sewer Connection, Permits) of the Newport Beach Municipal Code ("NBMC") to cover the cost incurred in providing sewer services; WHEREAS, the Sewer Fee is adjusted from time to time in accordance with Article XIID, Section 6 of the California Constitution and California Government Code Section 53750 et seq. ("Proposition 218") including, most recently in 2023, via City Council Resolution No. 2023-75, WHEREAS, California Health and Safety Code Section 5470 et seq. authorizes the City to collect sanitation and sewer system solid waste rates on the tax rolls, in the same manner and at the same time as its general taxes by causing a written report to be prepared each year and filed with the clerk, which identifies the parcels and the amount of the charge to each parcel identified for the year ("Sewer Fee Report"); WHEREAS, on July 26, 2022, the City Council adopted Resolution No. 2022-49 authorizing collection of the Sewer Fee through the Orange County Tax Roll in accordance with California Health and Safety Code Section 5473; WHEREAS, adoption of this resolution authorizes collection of the Sewer Fee for Fiscal Year 2024-25 on the Orange County Tax Roll; WHEREAS, the City mailed notices to any new record owner of any new parcel identified in the Sewer Fee Report and published notice of filing the report and the date and time of this public hearing in accordance with California Health and Safety Code Section 5473.1; and Resolution No. 2024-42 Page 2 of 3 WHEREAS, a duly noticed public hearing was held by the City Council on June 25, 2024, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the public hearing was given in accordance with California Government Code Sections 6066 and 54950 etseq. and Health and Safety Code Section 5470 et seq. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing including giving the responsible person and owner of the property an opportunity to raise objections or protest placement of the Sewer Fee on the tax rolls. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council has heard and considered all objections and protests to the Sewer Fee Report for Fiscal Year 2024-25 prepared pursuant to Section 5473 of the Health and Safety Code and finds that protests have not been made by a majority of owners of separate parcels of property described in the Sewer Fee Report. Therefore, the City Council has determined to adopt the Sewer Fee Report attached hereto as Exhibit "A," and incorporated herein by reference and collect said Sewer Fee for Fiscal Year 2024-25 on the Orange County Tax Roll through procedures established by the Orange County Assessor's Office. Section 2: The City Clerk or her designee is directed to send a copy of Sewer Fee Report and this resolution authorizing collection of the Sewer Fee on the tax roll to the Orange County Assessor's Office on or before August 10, 2024, with a statement endorsed on the Sewer Fee Report under her signature that the report has been finally adopted by the City Council of Newport Beach, and take any other actions necessary to effectuate this resolution. Section 3: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 4: 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. Resolution No. 2024-42 Page 3 of 3 Section 5: The City Council finds adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 6: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 25th day of June 2024. 42��� Will O'Neill Mayor ATTEST: APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron F. Harp City Aftorney Attachment: Exhibit A —Health and Safety Code Section 5470 et seq. Sewer Fee Report for Fiscal Year 2024-25 Exhibit A Health and Safety Code Section 5470 et seq . Report for Sewer Fee Parcel Annual Fee 1 933 382 92 190.32 2 933 381 59 190.32 3 939 832 76 222.12 4193338180 190.32 5 424 161 02 711.24 6 933 381 85 190.32 7 937 360 06 190.32 8 937 370 26 190.32 9 933 382 04 190.32 10 939 832 01 222.12 11 933 380 22 190.32 12 933 381 69 190.32 13 937 370 05 190.32 14 937 361 23 190.32 15 933 383 14 190.32 16 937 361 31 190.32 17 424 111 05 190.32 18 933 380 32 190.32 19 93736013 190.32 20 93338343 190.32 21 933 382 13 190.32 22 939 832 47 222.12 23 939 832 04 222.12 24 933 380 24 190.32 25 933 380 23 190.32 26,939 832 44 222.12 27 445 131 27 711.24 28 933 381 56 190.32 29 933 382 90 190.32 30 933 382 01 190.32 31 939 832 56 222.12 32 933 381 73 190.32 33 939 832 81 222.12 34 937 361 35 190.32 35 933 383 37 190.32 36 933 382 41 190.32 37 933 382 98 190.32 38 93338364 190.32 39 933 382 64 190.32 40 93983268 222.12 41 933 383 06 190.32 42 445 121 11 647.88 43 939 832 48 222.12 44 939 832 79 222.12 45 933 381 70 190.32 46 933 382 99 190.32 Parcel Annual Fee 47 933 382 79 190.32 48 937 361 51 190.32 49 933 381 64 190.32 50 933 380 27 190.32 51 933 382 21 190.32 52 937 361 24 190.32 53 933 383 34 190.32 54 937 361 15 190.32 55 937 36138 190.32 56 939 832 80 222.12 57 933 380 51 190.32 58 933 380 39 190.32 59 933 381 88 190.32 60 933 38162 190.32 61 937 361 22 190.32 62 424 011 35 13,399.32 63 933 383 07 190.32 64 933 382 17 190.32 65,937 36134 190.32 66 939 832 17 222.12 67 933 383 27 190.32 68 937 360 16 190.32 69 933 382 23 190.32 70 933 383 08 190.32 7144514106 647.88 72 937 370 15 190.32 73 939 832 67 222.12 74 933 383 09 190.32 75 933 382 58 190.32 76 939 832 29 222.12 77 933 382 10 190.32 78 933 383 19 190.32 79 939 832 69 222.12 80,939 832 75 222.12 81 937 360 08 190.32 82 445 16102 711.24 83 933 383 50 190.32 84 424 14101 1,015.20 85 424 14102 222.12 86 933 382 82 190.32 87 445 131 13 711.24 88 424 161 08 190.32 89 937 360 17 190.32 90 93338052 190.32 91 933 382 37 190.32 92 445 14109 647.88 Parcel Annual Fee 93338248 190.32 E95 93736128 190.32 939 832 42 222.12 96 937 360 01 190.32 97 936 780 10 190.32 98 939 832 58 222.12 99 939 832 16 222.12 100 933 380 30 190.32 101,933 383 54 190.32 102 939 832 63 222.12 103 939 832 74 222.12 104 933 38171 190.32 105 933 383 56 190.32 106 933 382 77 190.32 107,936 780 14 190.32 44513119 711.24 93338333 190.32 r1O 93678004 190.32 936 780 03 190.32 112,937 370 19 190.32 933 383 24 190.32 439 06119 711.24 r113 43906104 647.88 439 06105 647.88 117 439 05104 711.24 118 439 05106 711.24 119 439 06118 711.24 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; the foregoing resolution, being Resolution No. 2024-42 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 25th day of June, 2024; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tern Joe Stapleton, Councilmember Brad Avery, Councilmember Noah Blom, Councilmember Lauren Kleiman, Councilmember Erik Weigand NAYS: None RECUSED: Mayor Will O'Neill, Councilmember Robyn Grant IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 26th day of June, 2024. dudtft Leilani I. rown City Clerk Newport Beach, California