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City Attorney Yamamoto responded to a question from Council as to the legality of <br />mentioning in the UWMP the policy adopted by Council with respect to the non - <br />mandatory residential use. He stated his understanding that the policy adopted by <br />the Council, if placed inside the UWMP, when enacted by Council with a <br />resolution adopting this plan is making that policy actionable. The City Council <br />would then be subject to enforcing that policy. The only way to deviate from that <br />policy would be to first go back and open up the process for amending the UWMP, <br />unlike any other standing policy of the Council by which you can simply place it on <br />the Council agenda and amend the policy. <br />PWS Director Ingram explained that the process involves several requirements of <br />State Law such as notification to interested parties, circulating the document and <br />those laws are constantly being revised. <br />Council Member Jordan made a motion that Council would accept the alternative <br />text presented by Vice Mayor Ira with the addition of the following: After the first <br />sentence of the second paragraph, "...California Environmental Quality Act <br />process, and that it will not make the use of recycled water mandatory to existing <br />residences and homeowners associations as decided at the February 3, 2003 <br />Council meeting ". The motion dies for lack of a second. <br />Council consensus was for staff to return to Council with wording to include for <br />Council review, language that reflects the position of Council from February 3, <br />2003. MINUTE ORDER 03 -104 <br />8. STAFF REPORTS <br />A. Addendum to the Mitigated Negative Declaration — Proposed Recycled Water <br />Project <br />Public Works Services Director Ingram stated that the document takes the form of <br />a California Environmental Quality Act (CEQA) addendum. He stated that the <br />recommendation is that Council receive the document and trigger the 28 -day <br />comment period that begins on May 13 and ends on June 9 with a study session. <br />This process allows for anyone in the community with any comments about any <br />aspect of the proposed project, may submit written comments anytime between <br />now and June 9, and /or they can come and give public testimony. There will be <br />presentations from both City staff and the Safewater Coalition and the process is <br />being designed for the benefit from multiple perspectives in considering the topic <br />further. <br />Public Comment: <br />David Valkenaar, Vice President of the Redwood Shores Owners Association <br />(RSOA), read a resolution adopted by RSOA regarding the proposed use of <br />recycled water in the Redwood Shores neighborhood. He asked that a copy of the <br />resolution be included in the timeframe for written comments. <br />REGULAR CITY COUNCIL MEETING May 12, 2003 <br />MINUTES PAGE 5 <br />