REPORT TO COUNCIL
SUBJECT
Title
Action to Adopt a Resolution Approving Updates to the City’s Water Service and Use Rules and Regulations
Report
COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure
BACKGROUND
The City of Santa Clara Water Service and Use Rules and Regulations (hereafter “Rules and Regulations”) establish the requirements that govern the design, construction, service, use and operation of the City’s Potable Water and Recycled Water systems. These requirements must be periodically updated to reflect regulatory changes in the region and at the State level.
The protection of the City’s valuable water resources and the distribution system is a major priority for the City. Section 13.15.170 of the Santa Clara City Code currently incorporates Title 17, Section 7583 et seq of Title 17 of the California Code of Regulations (“Title 17”). Title 17 regulates the prevention of cross-connections within the City’s water distribution system. For example, Section 7604 of Title 17 establishes minimum requirements for backflow prevention devices. These devices are typically installed on all potable water service connections in order to protect the City’s public drinking water system from contaminants.
Although the current Rules and Regulations have requirements for the protection of the City’s water system, these requirements need to be updated to further clarify the implementation of Title 17 and adopt the requirements of successor regulations.
In addition, there are also several sections of the Rules and Regulations that need further clarification, especially development projects, such as policies regarding recycled water use, the development review requirements, hydraulic analysis implementation, water infrastructure requirements, and non-functional turf requirements. The proposed changes reflect the City’s goals of preserving the use of the City’s precious potable and recycled water resources and the commitment to safety and sustainability.
DISCUSSION
This proposed update to the Rules and Regulations (renamed “Potable and Recycled Water System Rules and Regulations” for added transparency and clarity) addresses these needs by clarifying the City’s implementation of Title 17 and development project requirements. Proposed updates include the following items:
• Updated Definitions (e.g. Appurtenances, Auxiliary Water, Backflow Prevention Device, Development, Turf, Standards),
• Removal of Section 3 “Contracts” because it no longer reflects current practice,
• Removal of Section 8 “City Distribution System on Customer Premises” and insertion of new Section 7 “New Development,”
• Removal of Section 15 “Main Extensions” and incorporation into Section 7 “New Development,”
• Clarification of the requirement to install backflow devices on all services for new development (Section 7.M), on existing non-compliant backflow devices within new development projects (Section 7.N), and on all fire service connections (Section 15.C),
• Clarification of the requirement to upgrade existing services with no backflow devices (Section 19.E) and existing services with non-compliant devices (Section 19.F) within 90 days if given notice,
• Clarification that only Air Gaps, Reduced Pressure Principle Backflow Prevention Assembly (RPs), Reduced Pressure Principle Detector Backflow Prevention Assembly (RPDAs), and Double Check Detector Assembly (DCDA) are accepted for backflow prevention (Section 19.D),
• Requirement for new developments to implement studies such as Water Supply Assessments (WSA) (Section 7.A) and Development Impact Analysis (DIA) (Section 7.B),
• Requirement for new developments to implement mitigation to impacts to the water systems such as water main extension or upsizing for hydraulic capacity (Section 7.H) and Recycled Water (RW) main extension if it needs to supply recycled water to the site (Section 7.I),
• Requirement for new developments to use Recycled Water (RW) (Section 7.D) and convert existing systems to Recycled Water (RW) (Section 7.E),
• Requirement for separate services for different land uses and water uses (Section 7.O),
• Increase of the minimum water service size to a 1-inch service and Meter (Section 15.D),
• Updates to reflect current State of California Model Water Efficient Landscape Ordinance,
• Prohibition of the installation and irrigation of non-functional turf on new and existing developments, and
• Reference to the future adoption of State Model Water Efficient Landscape Ordinance.
City Council’s approval of this update will provide clearer guidance to the development community on the City’s requirements for the implementation of Title 17 and the protection of the City’s water system and water resources. It will also facilitate the adoption of future successor regulations to Title 17, Title 22, and the Water Efficient Landscape regulations.
As a result of this update, development projects will have a clearer understanding of the City’s requirements and will be able to incorporate these requirements into their project scopes, which will facilitate fewer review cycles and thereby reduce the amount of time projects remain within the development review process. The updates to the Rules and Regulations will also protect the health and safety of the City’s water system and preserve our precious water resources.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to the following sections of Title 14 of the California Code of Regulations: (1) section 15061(c)(3) as it can be seen with certainty that there is no possibility that the proposed rule changes will have a significant effect on the environment; and (2) Section 15378(b)(2) as the amendment of the Rules and Regulations involves general policy and procedure making.
FISCAL IMPACT
There is no cost to the City for the recommended action other than administrative staff time.
COORDINATION
This report has been coordinated with the City Attorney’s Office, the Community Development Department, and the Department of Public Works.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library.
RECOMMENDATION
Recommendation
Adopt a Resolution approving updates to the City’s Water Service and Use Rules and Regulations.
Staff
Reviewed by: Gary Welling, Director, Water & Sewer Utilities Department
Approved by: Jovan D. Grogan, City Manager
ATTACHMENTS
1. Resolution Approving Updates to the Water Service and Use Rules and Regulations
2. Water Service and Use Rules and Regulations (Original)
3. Revised Water Service and Use Rules and Regulations (red line)
4. Revised Water Service and Use Rules and Regulations (clean copy)