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HomeMy WebLinkAbout2011-11 - Amending Sections 14.12.085(A) and 14.12.125(A) of the Newport Beach Municipal Code Pertaining to Water Establishment Fees and Water Service Restoration FeesORDINANCE NO. 2011 -11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTIONS 14.12.085(A) and 14.12.125(A) OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO WATER ESTABLISHMENT FEES AND WATER SERVICE RESTORATION FEES WHEREAS, water establishment fees and water service restoration fees are cost -of- services fees identified in the Master Fee Schedule, which updates are approved by the City Council; and WHEREAS, Sections 14.12.085(A) and 14.12.125(A), approved in 1996, identify specific fee amounts and were not updated concurrently with the Master Fee Schedules; and WHEREAS, City Council now desire to revise Sections 14.12.085(A) and 14.12.125(A) to reflect the cost of those services, as updated by the Master Fee Schedule. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 14.12.085(A), Establishing Service, is hereby amended to read as follows: A. When establishing an account, the customer shall pay a fee as set forth by resolution of the City Council to establish water service in the customer's name at the property. The fee shall be payable upon application for water service. SECTION 2; Section 14.12.125(A), Service Restoration, is hereby amended to read as follows: A. Service that has been discontinued may not be restored until payment of all delinquent water service charges, including the restoration charge, has been received by the Administrative Services Department. Upon payment, service shall be restored during regular working hours. The restoration charge shall be that fee as set forth by resolution of the City Council. 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 that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 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 for resulting in physical change to the environment, directly or indirectly. SECTION 5: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the same 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 8th day of March, 2011, and adopted on the 22nd day of March, 2011, by the following vote, to wit: AYES, COUNCILMEMBERS Hill, Rosansky, Gardner, Selich, Curry, Mayor Henn NOES, COUNCILMEMBERS Daigle ABSENT COUNCILMEMBERS -Nonp MAYOR 1/I 4 APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY LEONIE MULVIHILL, ASSISTANT CITY ATTORNEY ATTEST: LEILANI BROWN, CITY CLERK �t 7� STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH l 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. 2011 -11 was duly and regularly introduced on the 8th day of March, 2011, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 22nd day of March, 2011, and that the same was so passed and adopted by the following vote, to wit: Ayes: Hill, Rosansky, Gardner, Selich, Curry, Mayor Henn Noes: Daigle Absent: None Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 23rd day of March, 2011. le� � m City Clerk City of Newport Beach, California (Seal) STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } OF PUBLICATION I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2011 -11 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: 411111 Introduced Ordinance: March 12, 2011 Adopted Ordinance: March 26, 2011 {�� In witness whereof, I have hereunto subscribed my name this y KK �day of _J I �"�!� 41 Clerk Df Newport Beach, California