HomeMy WebLinkAbout2009-58 - Sewer RatesettingRESOLUTION NO. 2009 -58
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH ESTABLISHING PROCEDURES FOR THE SUBMISSION AND
TABULATION OF PROTESTS IN CONNECTION WITH WATER AND
SEWER RATESETTING PROCEEDINGS PURSUANT TO ARTICLE XIIID
OF THE CALIFORNIA CONSTITUTION
WHEREAS, the City of Newport Beach levies charges for water and
sewer services pursuant to the Newport Beach Municipal Code and Section
5470 et seq. of the California Health & Safety Code; and
WHEREAS, Section 6 of Article XIIID of the California Constitution
sets forth notice, hearing, and protest requirements applicable to increases of
water and sewer rates; and
WHEREAS, the City desires to establish a uniform set of procedures
applicable to the submission and tabulation of protests submitted against
proposed water and sewer rate increases.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Newport Beach as follows:
1. Recitals. The foregoing recitals are all true and correct.
2. Guidelines. The City adopts the guidelines set forth in
Exhibit "A" to this Resolution, which is incorporated herein by reference to
govern the acceptance and tabulation of protests against proposed water and
sewer rate increases.
3. Effective Date. This Resolution shall be effective as of the date
of its adoption.
PASSED and ADOPTED this 28' day of )ulv. 2009.
"T OO&W
-0 r.-
City Clerk
EXHIBIT "A"
GUIDELINES FOR THE SUBMISSION AND TABULATION OF PROTESTS
Submission of Protests
1. Any utility customer or property owner may submit a written protest
against a rate increase proposed with respect to a proposed water rate
increase, a proposed sewer rate increase, or both to the City Clerk, either by
delivery to the office of the City Clerk or by submitting the protest at the
public hearing. Protests must be received by the end of the public hearing.
No postmarks will be accepted.
2. Each protest must identify the affected property (by assessor's parcel
number or street address) and include the original signature of the utility
customer or record property owner. Email or fax protests cannot be
accepted. Although oral comments at the public hearing will not qualify as a
formal protest unless accompanied by a written protest, the City Council
welcomes input from the community during the public hearing on the
proposed fees.
3. If a parcel served by the City is the service location for more than one
customer or'is owned by more than a single record owner, each customer or
owner may submit a protest, but only one protest will be counted per parcel
and any one protest submitted in accordance with these rules will be
sufficient to count as a protest for that property.
4. In order to be valid, a protest must bear the original signature of the
customer or record owner with respect to the property identified on the
protest. Protests not bearing the original signature of a customer or record
owner shall not be counted.
5. Any person who submits a protest may withdraw it by submitting to
the City Clerk a written request that the protest be withdrawn. The
withdrawal of a protest shall contain sufficient information to identify the
affected parcel and the name of the record owner or record customer who
submitted both the protest and the request that it be withdrawn.
6. A fee protest proceeding is not an election.
7. To ensure transparency and accountability in the fee protest
tabulation, protests shall constitute disclosable public records from and after
the time they are received.
Tabulation of Protests
1. The City Clerk shall determine the validity of all protests. The City
Clerk shall not accept as valid any protest if the City Clerk determines that
any of the following conditions exist:
a. The protest does not identify a property served by the City.
b. The protest does not bear an original signature of a record owner of
the parcel identified on the protest.
C. The protest does not state its opposition to the proposed fees.
d. The protest was not received by the City Clerk before the close of the
public hearing on the proposed fees.
e. A request to withdraw the protest is received prior to the close of the
public hearing on the proposed fees.
2. The City Clerk's decision that a protest is not valid or does not apply to
a specific fee shall constitute a final action of the City and shall not be
subject to any internal appeal.
3. A majority protest exists if written protests are timely submitted and
not withdrawn by the record owners of a majority of the properties subject to
the proposed fee.
4. At the conclusion of the public hearing, the City Clerk shall complete
the tabulation of all protests received, including those received during the
public hearing and shall report the results of the tabulation to the City
Council upon completion. If review of the protests received demonstrates
that the number received is manifestly less than one -half of the parcels
served by the City with respect to the fee which is the subject of the protest,
then the Clerk may advise the City Council of the absence of a majority
protest without determining the validity of all protests.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
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. 2009 -58 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 28th day of
July, 2009, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Curry, Webb, Gardner, Daigle, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 29th day of July, 2009.
C)�L- �
City Clerk
Newport Beach, California
(Seal)