HomeMy WebLinkAbout2014-13 - 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:
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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)