HomeMy WebLinkAbout11/20/2001, C3 - FINAL ADOPTION OF ORDINANCE NO. 1403 MANDATING THE USE OF RECYCLED WATER WHEN FEASIBLE council W64°�
Nov. 20 2001
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CITY OF SAN LUIS O B I S P O
FROM: John Moss, Utilities Directo
Prepared By: David.Pierce, Water Projects Manager
SUBJECT: FINAL ADOPTION OF ORDINANCE NO. 1403 MANDATING THE
USE OF RECYCLED WATER WHEN FEASIBLE
CAO RECOMMENDATION
Adopt Ordinance No. 1403.
DISCUSSION
On November 6, 2001, the Council voted 5-0 to introduce Ordinance No. 1403 to print
mandating the use of recycled water when it is available for delivery to the property and appropriate
for the intended use. Ordinance No. 1403 is now ready for adoption and will become effective
thirty days after the date of its final passage.
ATTACHMENT
Ordinance No. 1403
3- 1
ATTACHMENT
ORDINANCE NO. 1403 (2001 Series)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
ADDING CHAPTER 13.24 TO THE CITY OF SAN LUIS OBISPWS
MUNICIPAL CODE MANDATING THE USE OF RECYCLED WATER
WHEREAS, Section 2 of Article X of the California Constitution declares, "that the waste
or unreasonable use or unreasonable method of use of water be prevented,"and
WHEREAS, Section 13550 of the California Water Code declares,"that the use-of potable
domestic water for nonpotable uses,including but not limited to, ; is a waste or an unreasonable use
of the water within the meaning of Section 2 of Article X of the California Constitution if recycled
water is available which meets all of the following conditions,", and
WHEREAS, The recycled water to be distributed by the City of San Luis Obispo will meet
the conditions established in Section 13550.of the California Water Code.
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Chapter 13.24 "RECYCLED WATER SERVICE" is added to the San
Luis Obispo Municipal Code to read as follows:
13.24.010 Statement of Policy
When in the judgment of the City, reclaimed water service can be feasibly provided to a
particular parcel for particular uses,the Utilities Director shall require the use of reclaimed water in
lieu of potable water for those uses. As used herein, the term"feasible" means reclaimed water is
available for delivery to the property in compliance with all applicable federal, state, and local laws,
ordinances and regulations and such reclaimed water can be delivered to the property at an overall
cost to the user which does not exceed the overall cost of potable water service.
SECTION 2. Severability
If any subdivision, paragraph, sentence, clause, or phrase of the this ordinance is,
for any reason,held to be invalid or unenforceable by a court of competent jurisdiction,
such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City's rules and
regulations. It is the City's express intent that each remaining portion would have been
adopted irrespective of the fact that any one or more subdivisions, paragraphs, sentences,
clauses, or phrases be declared invalid or unenforceable.
ATTACHMENT:'
Ordinance No. 1403 (2001 Series)
Page 2
SECTION 3. A summary of this ordinance, approved by the City Attorney, together
with the names of the Council members voting for and against it, shall be published at least five
days prior to its final passage, in the Tribune, a newspaper published and circulated in this City.
This ordinance will go into effect at the expiration of thirty(30) days after its final passage.
INTRODUCED on the 6' day of November , 2001 AND FINALLY
ADOPTED by the Council of the City of San Luis Obispo on the day of
2001, on the following roll call vote:
AYES: Council Members Marx,Mulholland, Schwartz, Vice Mayor Ewan, and Mayor Settle
NOES: None
ABSENT: None
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
f G. J ge n, ty Attorney
Ord. 1403 Page 2 of 2
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