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