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Home My WebLink About2019-06-25 - AGENDA REPORTS - INTRODUCTION AND FIRST READING OF AN ORD PROVIDING (2)Agenda Item: 5 DATE: June 25, 2019 SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT AND ENFORCEMENT OF REGULATIONS PURSUANT TO WATER RECYCLING REQUIREMENTS FOR RECYCLED WATER USERS DEPARTMENT: Neighborhood Services PRESENTER: Kevin Tonoian RECOMMENDED ACTION City Council introduce and pass to second reading an ordinance entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROVIDING FOR THE ESTABLISHMENT AND ENFORCEMENT OF REGULATIONS PURSUANT TO WATER RECYCLING REQUIREMENTS FOR RECYCLED WATER USERS." BACKGROUND At the May 10, 2011, meeting, the Santa Clarita City Council approved Master Case No. 07-127, Vista Canyon. In connection with the Vista Canyon project, the applicant was conditioned to construct a self-contained Recycled Water Factory (Water Factory) that the City of Santa Clarita (City) will own, operate, and maintain. The Water Factory will treat wastewater generated by the Vista Canyon project, as well as an existing upstream development located within the Vista Canyon Water District. At full capacity, the Water Factory encompasses a design capacity of 392,135 gallons per day (gpd), and will produce up to 371,000 gpd, approximately 400 acre-feet per year, of disinfected -tertiary -recycled water, in accordance with all applicable state and federal standards. When operational, this facility will support the Vista Canyon development, encompassing 1,110 residential units and 950,000 square feet of commercial uses, including irrigation needs for on- site landscape improvements. The recycled water produced will also support off-site landscape in adjacent communities such as Fair Oaks Ranch, and will be utilized by the local homeowners' associations and the City's Landscape Maintenance District operation. Page 1 The purpose of this ordinance is to provide for the establishment and enforcement of regulations pertaining to the sale and use of recycled water produced by the Water Factory. Incorporating these regulations is necessary to allow the City to enter into a wholesale agreement with the Santa Clarita Valley Water Agency to sell this recycled water for commercial uses. These revenues will also help to offset Water Factory operational costs. Pending City Council approval, a second reading of this ordinance will take place on July 9, 2019, and become effective 30 days later. ALTERNATIVE ACTION Other action as determined by the City Council. FISCAL IMPACT There is no fiscal impact associated with this proposed action. ATTACHMENTS Recycled Water Ordinance Page 2 ORDINANCE NO. 19 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, PROVIDING FOR THE ESTABLISHMENT AND ENFORCEMENT OF REGULATIONS PURSUANT TO WATER RECYCLING REQUIREMENTS FOR RECYCLED WATER USERS THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: A. The City of Santa Clarita (City) will own, operate, and maintain a water reclamation plant known as the Vista Canyon Water Factory (Water Factory) located on City -owned land south of State Route 14, west of Sand Canyon, east of Fair Oaks Ranch, and north of Humphries Parkway, within the Vista Canyon Specific Plan. B. The Water Factory is a component of the Vista Canyon Specific Plan project (Vista Canyon project) that was approved by the City Council on May 10, 2011. C. The Water Factory is designed to treat wastewater generated by the Vista Canyon project, and to treat a portion of the wastewater flow from existing development upstream of the Vista Canyon project site within the City. The Water Factory will produce disinfected -tertiary -recycled water in accordance with all applicable state and federal standards, including the California Code of Regulations, Title 22 requirements. D. The City has obtained Waste Discharge Requirements and Water Reclamation Requirements from the California Regional Water Quality Control Board, Los Angeles Region (Regional Board). E. The Water Factory has a design capacity of 392,135 gallons per day (gpd) and is expected to produce up to 371,000 gpd, equivalent to 415.5 acre-feet per year, of recycled water. F. The City intends to enter into a Wholesale -Recycled Water Purchase Agreement with the Santa Clarita Valley Water Agency (SCV Water) to sell wholesale -recycled water to SCV Water for distribution within SCV Water's service area. SECTION 2. This Ordinance shall be known as the City of Santa Clarita Recycled Water Ordinance and may be cited as such. SECTION 3. The purpose of this ordinance is to provide for the establishment and enforcement of regulations pertaining to the sale and use of recycled water produced at the Water Factory. SECTION 4. Prohibition on sale, distribution, or use without Wholesale -Recycled Water Purchase Agreement. A. No person may purchase, sell, distribute or use, (either directly or through an intermediate party), recycled water produced at the Water Factory unless such sale, distribution, or use is governed by, in accord with, or pursuant to the requirements of a Wholesale -Recycled Water Purchase Agreement with the City. As used in this ordinance, the term "person" shall include natural persons, corporations, any city, county, district, joint powers authority, the state, and the United States, to the extent authorized by federal law. B. Wholesale -Recycled Water Purchase Agreements shall govern resale and use of recycled water produced at the Water Factory, and incorporate the terms and conditions of all applicable Waste Discharge Requirements, Water Reclamation Requirements, and other applicable orders of the California State Water Resources Control Board, and the California Regional Water Quality Control Board, Los Angeles Region; and applicable requirements of state and federal law, including but not limited to the Federal Clean Water Act (33 U.S.C. 1251-1388); the federal Safe Drinking Water Act (42 U.S.C. 300f — 300j-27); the California Porter Cologne Water Quality Control Act (Cal Water Code 13000 — 16104), and Title 22, Division 4, Chapter 3 of the California Code of Regulations. C. Prior to initiating delivery of any recycled water from the Water Factory, the City Engineer shall enter into a Wholesale -Recycled Water Purchase Agreement with SCV Water or any other person who is authorized by state law to distribute recycled water within the City's jurisdiction. SECTION 5. The City Engineer is granted authority to establish Rules and Regulations governing the use of recycled water as necessary, which shall be in accordance with existing law. The City Engineer shall administer, implement, and enforce the provisions of this ordinance. Any powers granted to or duties imposed upon the City Engineer may be delegated to persons acting in the beneficial interest of, or in the employ of, the City. SECTION 6. Upon a written determination of the City Engineer that a violation of this ordinance has occurred, such action shall constitute a basis for: A. Termination of any User Agreement; B. Immediate cessation of recycled water delivery; C. The City Engineer shall adopt notice and hearing procedures to implement this section, which shall be consistent with the rights afforded by due process. SECTION 7. If any part, section, subsection, paragraph, sentence, clause, or phrase of this ordinance is held invalid or unconstitutional for any reason by any court, that decision does not affect the validity or constitutionality of the remainder of this ordinance. The City Council declares that it would have adopted each provision of this ordinance irrespective of the validity 2 of any other provision. SECTION 8. City Council shall conduct a second reading of this ordinance. SECTION 9. The City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED, APPROVED, AND ADOPTED this day of 2019. MAYOR ATTEST: CITY CLERK DATE: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Mary Cusick, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance 19- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 251' day of June 2019. That thereafter, said ordinance was duly passed and adopted at a regular meeting of the City Council on the 91' day of July 2019, by the following vote, to wit: AYES: COUNCIL,MEMBERS: NOES: COUNCIL,MEMBERS: ABSENT: COUNCIL,MEMBERS: AND I FURTHER CERTIFY that the foregoing is the original of Ordinance No. 19 - and was published in The Signal newspaper in accordance with State Law (G.C. 40806). CITY CLERK