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HomeMy WebLinkAbout90-27 - Amending Section 14.12.090 of the Newport Beach Municipal Code by Establishing a Lifeline Consumption Quantity, Imposing a LOO Surcharge on Consumption Above Lifeline Limits and Establishing a 50% Surcharge on Quantity Rates for WaterNO. 90- 27 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 14.12.090 OF THE NEWPORT BEACH MUNICIPAL CODE BY ESTABLISHING A LIFELINE CONSUMPTION QUANTITY, IMPOSING A loo SURCHARGE ON CONSUMPTION ABOVE LIFELINE LIMITS AND ESTABLISHING A 50% SURCHARGE ON QUANTITY RATES FOR WATER USED FOR • GRADING. The City Council of the City of Newport Beach does hereby ordain as follows: SECTION 1• Section 14.12.090 of the Newport Beach Municipal Code is amended to read: 14.12.090 Quantity Charges. A. In addition to the readiness to serve charges set forth in this chapter, the rate for water supplied to consumers through a meter other than pursuant to written contract approved by •the City Council shall be $0.96 per hundred (100) cubic feet per month per meter, plus the applicable surcharges specified in Sub - Subsections B and C. B. A lifeline consumption limit reflects the minimum amount of water necessary to basic health and hygiene. The lifeline consumption limit for consumers of Newport Beach shall be ten (10) hundred cubic feet per month per meter. A surcharge of 10% of the basic water rate (as specified in Subsection A) shall be applied to all water consumption above the lifeline limit. The surcharge shall be effective on June 1, 1990 and shall remain in effect until the Metropolitan Water District declares the current drought has ended, or until December 31, 1990, whichever event occurs last. •C. In addition to the basic water rate specified in Subsection A, a surcharge of fifty percent (50 %) shall be applied to all water used for construction purposes and water purchased through the use of a construction meter. This surcharge shall be effective on June 1, 1990 and shall remain in effect until the 1 Metropolitan Water District declares that the current drought has ended, or until December 31, 1990, whichever event shall occur last. D. City water rates shall be adjusted to reflect changes in the water rates charged by the Metropolitan Water •District. The amount of any such change shall be raised to the next highest whole penny for each hundred (100) cubic feet used and then factored into the quantity charge calculation. SECTION 2: The City Council finds and declares that adoption of this ordinance as an emergency measure is necessary to preserve the public peace, health, and safety in that: A. California is currently experiencing a drought of unprecedented magnitude with current water reserves throughout the State far below normal. B. The City of Newport Beach has instituted a voluntary water conservation program in July, 1988 with the intent of •reducing water consumption by 10% but the voluntary program has not been successful and water consumption for the past twelve months was 0 greater than the preceding twelve months. C. The establishment of a lifeline consumption level and the imposition of the surcharge on consumption above lifeline levels is believed necessary to reduce water consumption and the most equitable way of allocating a reduction in consumption. D. Failure to achieve a 10% reduction in water consumption will reduce available water supplies, lead to MWD mandated reductions, and require imposition of more stringent restrictions on water use in the future. SECTION 3: Severability. The City Council of the City of • Newport Beach hereby declares that should any section, paragraph, sentence or word of this Ordinance be declared, for any reason, to be invalid, it is the intent of the Council that it would have passed all other portions of this Ordinance independent of the portion declared invalid. E • SECTION 4: Savings Clause. Neither the adoption of this Ordinance nor the repeal of any other ordinance of the City shall, in any manner, affect the prosecution for violations of ordinances committed prior to the effective date of the adoption or repeal, nor be construed as a waiver of any of the penalty or penal provisions applicable to such violation. The provisions of this ordinance, to the extent they are substantially the same as ordinances previously adopted by the City and relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. SECTION 5: This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 14th day of May , 1990, and adopted on the 14th day of May , 1990, by the following vote, to -wit: ATTEST: CITY CLER AYES, COUNCILMEMBERS TURNER, WATT, SANSONE, PLUMMER, HART, STRAUSS, COX NOES, COUNCILMEMBERS NONE ABSENT COUNCILMEMBERS NONE 3