HomeMy WebLinkAbout2019-16 - Amending Chapter 14.12 (Water Rates and Charges) of the Newport Beach Municipal Code Setting Water Rates by Resolution and Other Related ChangesORDINANCE NO. 2019-16
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, AMENDING CHAPTER
14.12 (WATER RATES AND CHARGES) OF THE
NEWPORT BEACH MUNICIPAL CODE SETTING WATER
RATES BY RESOLUTION AND OTHER RELATED
CHANGES
WHEREAS, the City of Newport Beach ("City") charges users of the City's water
system both a fixed meter charge and a variable commodity -use charge to pay for the
operation and maintenance of the City's water system, including required capital
infrastructure improvements;
WHEREAS, the City's current water rates are codified in Chapter 14.12 (Water
Rates and Charges) of the Newport Beach Municipal Code;
WHEREAS, on March 12, 2018, the City's Utilities Department retained Raftelis
Financial Consultants, Inc. to prepare a water rate study in order to analyze the current
cost to the City of providing water services and recommend an adjustment to the current
water rates;
WHEREAS, on November 19, 2019, the City Council will hold a public hearing on
the proposed water rates in accordance with California Constitution Article XIIID, Section
6, more commonly referred to as Proposition 218; and
WHEREAS, by this ordinance, the City Council intends to amend applicable
provisions of Chapter 14.12 setting water rates via resolution adopted by the City Council
instead of by ordinance and making other related changes.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 14.12.010(B) (Service Fees) of the Newport Beach
Municipal Code is hereby amended to read as follows:
B. The installation fee for a water service shall be the City's costs including all labor and
materials. The installation fee shall be as established by the Utilities Department, and the
cost shall be paid to the Finance Department by the person applying for such installation
before the work of connecting the main with the property is begun.
Section 2: Section 14.12.020 (Water Rates Established) of the Newport Beach
Municipal Code is hereby amended to read as follows:
Ordinance No. 2019-16
Page 2 of 3
A. There shall be charged and collected a monthly fixed water service charge,
established by resolution of the City Council, from each customer for each meter. The
fixed water service charge recaptures the City's costs to operate and maintain the water
system.
B. There shall be charged and collected a commodity charge, established by resolution
of the City Council, for water supplied to consumers through a meter.
Section 3: Section 14.12.050 (Meter Installation) of the Newport Beach
Municipal Code is hereby amended to read as follows:
The City, as a condition of water service, shall have the right to install water meters on
any and all water services, and the charges for water used through the meter shall be in
accordance with the applicable meter rates established by resolution of the City Council.
Section 4: Section 14.12.060 (Building Construction Purposes) of the Newport
Beach Municipal Code is hereby amended to read as follows:
Service may be made to a lot or parcel of land on which a building is being constructed
for construction purposes only from the time the building permit is issued until the building
is completed or until the time a water meter is installed to serve such lot or parcel,
whichever first occurs at the rate established by resolution of the City Council.
Section 5: Section 14.12.080 (Private Fire Lines) of the Newport Beach
Municipal Code is hereby amended to read as follows.-
Fees
ollows:Fees for private fire line service shall be charged at a rate established by resolution of the
City Council.
If such line is found tapped for domestic use, a meter shall be installed on such service
at the expense of such consumer and the regular meter rates shall be charged thereafter.
The right shall be reserved to disconnect such fire service from the City's main by the
direction of the City Council on recommendation of the City Manager.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: 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 invalid or unconstitutional.
Ordinance No. 2019-16
Page 3 of 3
Section 8: The City Council finds the approval of this ordinance is not subject to
the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(1),
15060(c)(2) and 15060(c)(3) of the California Code of Regulations, Title 14, Division 6,
Chapter 3 ("CEQA Guidelines"), in that the ordinance setting water rates via resolution
does not involve the exercise of discretionary powers by the City and will not result in a
direct or reasonably foreseeable indirect physical change in the environment. Additionally,
the ordinance is not a "project" as defined by Section 15378 of the CEQA Guidelines for
the reasons set forth above.
Section 9: 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 remain in full force and effect.
Section 10: 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. Although authorized to go into effect
thirty (30) days after its adoption, this ordinance shall go into effect on January 1, 2020.
This Ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 5t" day of November, 2019, and adopted on the 19th day
of November, 2019, by the following vote, to -wit:
AYES: Mayor Dixon, Mayor Pro Tem O'Neill, Council Member Avery, Council
Member Brenner, Council Member Duffield, Council Member Herdman
NAYS: Council Member Muldoon
ABSENT:
DIANE B. DIXON, MAYOR
ATTEST:
;A,r
LEILANI I. BROWN, CITY CLERK
U
APPROVED AS TO FORM: <
CITY TORNEY'S OFFI �r,aRN�P
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. 2019-16 was duly introduced on the 51h day of November, 2019, at a regular meeting, and adopted by
the City Council at a regular meeting duly held on the 191h day of November, 2019, and that the same was
so passed and adopted by the following vote, to wit:
AYES: Mayor Diane Dixon, Mayor Pro Tem Will O'Neill, Council Member Brad Avery, Council
Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman
NAYS: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 201h day of November, 2019.
EIW// .0 N I rII
Leilani I. Brown, MMC'
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. 2019-16 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:
2019.
Introduced Ordinance: November 9, 2019
Adopted Ordinance: November 23, 2019 �
In witness whereof, I have hereunto subscribed my name this � I"l'r�,
1 day of
Leilani I. Brown, C
City Clerk
City of Newport Beach, California