HomeMy WebLinkAboutOrdinance 2561 N.C.S. 01/04/20161
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EFFECTIVE DATE
OF ORDINANCE
February 4, 2016
Introduced by
Gabe Kearney
ORDINANCE NO. 2561 N.C.S.
Seconded by
Kathy Miller
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA ADDING CHAPTER
15.90 TO TITLE 15 OF THE PETALUMA MUNICIPAL CODE, AUTHORIZING, PURSUANT TO
SECTION 46 OF ARTICLE VII OF THE CHARTER OF THE CITY OF PETALUMA, THE APPROVAL
OF RECYCLED WATER SERVICE AGREEMENTS AND ASSOCIATED EASEMENTS FOR THE
PETALUMA RECYCLED WATER SYSTEM BY CITY COUNCIL RESOLUTION AND
AUTHORIZING THE CITY MANAGER TO EXECUTE RECYCLED
WATER SERVICE AGREEMENTS AND ACCEPT ASSOCIATED EASEMENTS
WHEREAS, the City of Petaluma General Plan 2025 recognizes the use of recycled water
as a potable water offset and to meet regulatory requirements for wastewater discharge; and
WHEREAS, on November 3, 2008, the City Council, by Resolution No. 2008-206 N.C.S.,
certified the Program Environmental Impact Report (EIR) for the Water Recycling Expansion
Program; and
WHEREAS, the City of Petaluma owns and operates the Ellis Creek Water Recycling
Facility pursuant to Petaluma Municipal Code Chapter 15.44-15.76, Title 15 and other applicable
law; and,
WHEREAS, in order to provide recycled water to customers for irrigation and generate
revenue to support recycled water system operations, the City enters into service agreements to
serve properties both inside and outside City jurisdiction limits ("Service Agreements"); and,
WHEREAS, the City desires to increase the number of properties both inside and outside
City jurisdiction limits that are served with recycled water; and
WHEREAS, on December 7, 2015, the City Council, by Resolution No. 2015-187 N.C.S.,
certified Addendum No. 1 to the EIR for the Water Recycling Expansion Program; and
WHEREAS, some but not all of the future properties to be served require obtaining
property owner permission to allow for the use of private property to transport and deliver
recycled water; and
WHEREAS, the nature of improvements related to the transport and delivery of recycled
water that may be located on private property are permanent in nature, requiring easements
from properties on which the improvements would be located; and
Ordinance No. 2561 N.C.S.
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WHEREAS, Section 46 of Article VII of the Petaluma City Charter requires that action
providing for acquisition of property be taken by ordinance of the City Council unless the
Council takes action pursuant to a general law of the State; and
WHEREAS, Council desires to provide for more efficient use of public resources, promote
fiscal efficiency, and provide necessary flexibility to manage the Water Recycling Expansion
Program to effectively meet the needs of recycled water users.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. The foregoing recitals are true and correct and incorporated by reference.
Section 2. Chapter 15.90 Added. Chapter 15.90 is hereby added to Title 15 of the Petaluma
Municipal Code as follows:
CHAPTER 15.90 Recycled Water Agreements
15.90.100 Findings and Purpose.
Section 46 of Article VII of the Petaluma City Charter provides that action to
provide for acquisition of property be taken by ordinance unless the Council takes action
pursuant to a general law of the State. The large number of recycled water service
agreements for properties located outside the City boundaries, makes approval of
individual agreements and easements by ordinance impractical and costly in terms of
staff time and other public resources. Legislative authority for City Council approval of
form agreements and easements for recycled water, and for City Manager execution of
recycled water service agreements and easements using Council -approved form
documents, is intended to meet the requirements of Section 46, Article VII of the
Petaluma City Charter, provide for appropriate City Council oversight concerning the
recycled water program, provide for efficient use of public resources, promote fiscal
efficiency, and provide necessary flexibility to manage the Recycled Water Program to
effectively meet the needs of recycled water users and maximize recycled water
services and generation of revenue for recycled water.
15.90.200 Approval of Recycled Water Service Agreements and Easements by Resolution.
In accordance with Section 46 of Article VII of the City of Petaluma Charter, the
City Council of the City of Petaluma may approve form agreements with associated
form easements for recycled water service by resolution.
15.90.300 Execution of Recycled Water Service Agreements and Easements by City
Manager.
The City Manager or his/her designee is authorized to execute, on behalf of the
City, recycled water service agreements and accept easements using forms that have
been approved by City Council resolution as long as such agreements and easements
do not differ materially from such approved forms.
Section 3. If any section, subsection, sentence, clause, phrase or word of this ordinance is for
any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent
jurisdiction or preempted by state legislation, such decision or legislation shall not affect the
validity of the remaining portions of this ordinance. The City Council of the City of Petaluma
Ordinance No. 2561 N.C.S.
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hereby declares that it would have passed and adopted this ordinance and each and all
provisions thereof irrespective of the fact that any one or more of said provisions be declared
unconstitutional, unlawful or otherwise invalid.
Section 4. This ordinance shall become effective thirty (30) days after the date of its
adoption by the Petaluma City Council.
Section 5. Publication.
The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it for the
period and in the manner required by the City Charter.
INTRODUCED and ordered posted this 7th day of December, 2015.
ADOPTED this 4th day of January, 2016 by the following vote:
Ayes: Albertson, Barrett, Mayor Glass, Healy, Kearney, Vice Mayor King, Miller
Noes: None
Abstain: None
Absent: None
r°
David Glass, Mayor
ATTEST: APPROVED AS TO FORM:
Claire Cooper, CMC, City Clerk `w
Eric W. Danly, City'Attorney
Ordinance No. 2561 N.C.S.
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