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