HomeMy WebLinkAbout2017-15 - Amending Section 14.24.065 of Title 14 of the Newport Beach Municipal Code Pertaining to Sewer Use ChargeORDINANCE NO. 2017-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING SECTION
14.24.065 OF TITLE 14 OF THE NEWPORT BEACH MUNICIPAL
CODE PERTAINING TO SEWER USE CHARGE
WHEREAS, the City of Newport Beach charges users of the City's sewer service
to fund the operation and maintenance of the City's sewer system, as well as the repair
and replacement of pipes, pump stations, facilities and equipment to improve the sewer
system safety, efficiency and reliability;
WHEREAS, on March 20, 2017, the City's Municipal Operations Department
retained the consulting services of HF&H Consultants, LLC ("HF&H") to update HF&H's
prior sewer rate study from 2013-14 in order to analyze the current cost'of sewer services
and to provide recommendations regarding an appropriate rate structure;
WHEREAS, the resulting HF&H study recommended a revised rate structure that
includes a both a fixed charge and a use charge for sewer customers who also receive
water service from the City, and a fixed charge for sewer customers who do not receive
water service from the City;
WHEREAS, following a public hearing held on September 12, 2017 in conformity
with Proposition 218, the City Council determined that no majority protest against the
recommended rates had occurred; and
WHEREAS, the City's current sewer charges are codified in Newport Beach
Municipal Code Section 14.24.065. By this ordinance, the City Council intends amend
that Section to have the sewer charges and any changes thereto be adopted and charged
pursuant to a resolution adopted by the City Council.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Newport Beach Municipal Code Section 14.24.065 is hereby
amended to read as follows:
A. A monthly fixed sewer service charge adopted by resolution of the City
Council shall be assessed against each individually metered dwelling unit or
business structure connected to the public sewer system, for customers who also
receive water service from the City of Newport Beach. This sewer service charge
is based on the customer's water meter size.
B. A monthly fixed sewer service charge adopted by resolution of the City
Council shall be assessed against each service connection to the public sewer
system for customers who do not also receive water service from the City of
Newport Beach.
C. In addition to the fixed sewer service charge specified in subdivision A above,
a sewer use charge adopted by resolution of the City Council shall be assessed
for each hundred (100) cubic feet of water delivered to sewer customers who also
receive water service from the City of Newport Beach.
Ordinance No. 2017-15
Page 2 of 3
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, 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.
Section 4: The City Council finds the introduction and adoption 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 pursuant to City Charter Section 414.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 12th day of September, 2017, and adopted on the 261h day
of September, 2017, by the following vote, to -wit:
//
//
//
FIA
Ordinance No. 2017-15
Page 3 of 3
AYES: Council Member Scott Peotter, Council Member Brad Avery Council Member
NAYS:
ABSENT:
ATTEST:
Diane Dixon, Council Member Will O'Neill Mayor Pro Tem Duffy Duffield
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
AARON C. HARP, CITY ATTORNEY
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. 2017-15 was duly introduced on the 12th day of September, 2017 at a regular meeting, and adopted
by the City Council at a regular meeting duly held on the 26th day of September, 2017, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Brad Avery, Council Member Diane Dixon, Council
Member Scott Peotter, Council Member Will O'Neill, Mayor Pro Tem Duffy
Duffield
NAYS: Mayor Kevin Muldoon
ABSENT: Council Member Jeff Herdman
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 27th day of September, 2017.
r
rc
6� Leilani I. 13rown, MMC
i City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
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
Ordinance No. 2017-13 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 newspaper of general circulation
on the following dates:
Introduced Ordinance: September 16, 2017
Adopted Ordinance: September 30, 2017
In witness whereof, I have hereunto subscribed my name this day of
2017.
'PORT
_,
Leilani I. Brown, MMC
City Clerk
cAL I Fo v- City of Newport Beach, California