HomeMy WebLinkAboutItem 6d. Approve use of funding for Recycled Water User Site Improvements Item 6d
Department: Utilities
Cost Center: 601
For Agenda of: 9/19/2023
Placement: Consent
Estimated Time: NA
FROM: Aaron Floyd, Utilities Director
Prepared By: Mychal Boerman, Utilities Deputy Director - Water
SUBJECT: APPROVE USE OF FUNDING FOR RECYCLED WATER USER SITE
IMPROVEMENTS
RECOMMENDATION
1. Authorize the use of up to $172,647.45 in available funding from the Recycled Water
System Retrofits CIP (Project #2000573) to make recycled water and water
distribution system protection site improvements on qualifying private properties; and
2. Find that the use of this funding does not constitute a gift of public funds and fulfi lls a
public purpose; and
3. Find the action categorically exempt from the California Environmental Quality Act.
REPORT IN BRIEF
The proposed project consists of the City-funded replacement of existing irrigation tubing
and the installation of backflow devices on existing infrastructure on certain private
properties in order to minimize the potential for recycled/non -potable water and potable
water cross-connections and associated public health risks, as explained in detail in this
report. Staff is bringing this recommendation to the City Council because the California
Constitution prohibits the giving or lending of public funds to any person or entity, public
or private. Exceptions to this provision allow for expenditures/disbursements that serve a
public purpose. Staff is recommending that the City Council authorize Capital
Improvement Plan funding to implement the project and find that the use of public funds
does not constitute a gift and that the project would fulfill a public purpose.
POLICY CONTEXT
The current Recycled Water Master Plan was adopted by the City in March 2017.
Implementation of the recommended improvements is consistent with the General Plan
Water and Wastewater Element (WWE) because the recycled water site improvements
would occur within the Water Reuse Master Plan area and would facilitate the continued
use of recycled water.1
1 Refer to Water and Wastewater Element Figure 2: Water Reuse Master Plan Area & Distribution System
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California Constitution Article XVI Public Finance, § 6 prohibits the giving or lending of
public funds to any person or entity, public or private. This prohibition includes aid, the
making of any gift, pledging of credit, and payment of liabilities and encompasses the
giving of monetary funds and any “thing of value.” Exceptions to this provision allow for
expenditures/disbursements that serve a public purpose . (County of Alameda v. Janssen,
16 Cal. 2d 276 (1940).
Implementation of the recommended action would address public health and safety
issues related to potential potable and non-potable water cross-connections, serve a
public purpose benefitting the City as a whole, and be consistent with the General Plan
as WWE Goal A.7.1.1 calls for the City to “maximize recycled water for all approved
purposes” and Policy A.7.2.1 states that “the City will make available recycled water to
substitute for existing potable water uses as allowed by law and to supply new non -
potable uses.” Substitution of recycled water for potable water for irrigation purposes
preserves potable water supplies in local reservoirs, which benefits the entire City.
Implementation of the proposed improvements would also support WWE Goal A 2.1 to
ensure a long-term, reliable water supply to meet both current and future water demand
associated with development envisioned by the General Plan.
DISCUSSION
Background
The City’s recycled water program began making its first deliveries for landscape irrigation
in 2006. In its initial years, recycled water sites included large commercial complexes and
City parks. As the City has expanded, the recycled water program has also expanded,
today encompassing over 50 accounts serving a diverse customer base. These acco unts
include City parks, Laguna Lake Golf Course, business parks, and common areas within
single and multi-family developments. Landscaping outside of commonly-owned
residential areas is not served by recycled water. Today the City uses approximately 300
acre-feet of recycled water each year, which amounts to approximately five percent of the
City’s total water use.
As the City has expanded its use of recycled water to additional and more diverse users,
staff have identified that current State codes regula ting the use of recycled water could
be improved to further mitigate the potential risk of cross -connection between potable
water and recycled water systems. A cross-connection occurs when an unapproved water
supply (such as recycled water or well water that does not meet drinking water standards)
is connected to a potable water supply, allowing non -potable water to enter the City’s
drinking water system or a home or business. Within the City, the most likely sources of
a cross-connection would be between the City’s drinking water system and recycled water
system or a privately owned well.2
2 The County of San Luis Obispo is the agency responsible for private well permits and associated testing
and monitoring requirements. The use of privately owned wells is r egulated by City Municipal Code
13.04.240.
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Item 6d
Backflow Device Installation
Current State codes, which are the basis for the City’s engineering plan approval for
recycled water sites, require that parcels that are served by both potable water and
recycled water have backflow devices installed to protect the site from potential cross -
connection. However, these codes and the City’s Engineering Standards and
Specifications do not specifically require that potable water sites adjacent to those using
recycled water be protected with backflow devices. Given the proximity of potable water
lines to recycled water lines, the possibility exists that at some time in the future a
homeowner, resident, or gardener might make a cross-connection between the two
irrigation systems. As many new residential developments have large areas where
recycled water lines run adjacent to potable water lines at the boundary of the two
properties, thereby presenting a risk of cross-connection, it is in the best interest of the
general public for the protection of public health if potable sites adjacent to those using
recycled water are required to be equipped with backflow devices if staff determine the
risk of cross-connection is present.
As these potable sites are not directly served by recycled water and receive no individual
benefit from the use of recycled water versus potable water, and because there is
presently no state or local requirement for private installation of backflow devices in this
situation, staff believe that the financial responsibility for the installation of these devices
and annual testing costs should be carried by the City. S taff have also determined that
properties being served by recycled water and properties adjacent to areas where
recycled water is used are not the primary beneficiaries of the use of recycled water and
do not receive an unproportional amount of benefit from the use of this resource. Staff
have made this assessment based on the fact that the City as a whole benefits from the
use of recycled water by preserving potable water supplies in local reservoirs, consistent
with the General Plan. All work performed by the City to install backflow devices on
identified private properties will be done pursuant to a written right of entry agreement
and liability waiver on a form satisfactory to the City Attorney.
Drip Irrigation Tubing
Current State codes require that drip irrigation tubing for recycled water be constructed
of solid purple material or black material with a purple stripe. After managing recycled
water sites for the past 17 years, staff have determined that black drip tubing with a purple
stripe does not provide a strong enough visual indication that recycled water is being used
in a drip line. This is often exacerbated by the purple stripe being installed facing
downward toward the soil or being faded by sunlight over time. Photos showing the
comparison are provided on the following page.
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The City’s current Engineering Standards and Specifications require the following: “In
areas where recycled water will or could be used, all tubing shall be purple for use with
recycled water” (Drip Irrigation Standard 8660), which is a stricter standard than State
code. However, there are landscaped areas in the City’s recycled water use area that
were established using the black tubing with a purple stripe, rather than solid purple
tubing, creating a situation where potential cross-connection could occur due to
misidentification of the irrigation water source (potable vs. recycled water). Staff a re
requesting City Council’s approval to fund and implement the replacement of existing
black tubing with a purple stripe with solid purple tubing at recycled water sites where
there is a potential for cross-connection to occur. These replacements would be
specifically focused on recycled water use areas adjacent to parcels utilizing potable
water for drip irrigation.
Implementing the tubing replacement would protect public health and safety and mitigate
the potential for non-potable recycled water entering the City's water distribution system,
which would protect the City’s potable water supply and benefit the City as a whole.
Engineering Standard and Municipal Code Changes
California Code states that “the water supplier shall protect the public water sup ply from
contamination by implementation of a cross-connection control program. The program, or
any portion thereof, may be implemented directly by the water supplier or by means of a
contract with the local health agency...” The program shall include but not be limited to
Figure 1. Black with purple stripe tubing Figure 2. Solid purple tubing
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Item 6d
“the provisions of backflow protection by the water user at the user’s connection or within
the user’s premises or both.”3
In addition, County Public Health Environmental Health Services Division, in its capacity
as the contractor for the City, has the authority under County Code Section 8.30.040(5)
which states: “Notwithstanding any other provisions of this section, on any premises
where the environmental health services division determines that a special hazard exists,
the public water supply shall be protected by such approved backflow prevention
assembly as designated by the environmental health servi ces division.” Furthermore, as
provided by these existing regulations, the County Public Health Department has
determined that the City has the authority to exercise professional judgment in
determining specifically which sites are defined as being in close proximity to common
area reclaimed water irrigation systems to ensure the safety and purity of the public water
supply.
Staff have updated internal plan review processes to ensure that solid purple drip tubing
is designated on plans for future development sites to minimize risk of cross-connection.
In coordination with the Public Works Department, staff have drafted updated engineering
standards (subject to Council approval in the first half of 2024) to ensure that sites
adjacent to areas using recycled water are identified during the plan review process and
equipped with backflow devices. In the meantime, staff is recommending that the City
complete work on properties that are currently adjacent to areas using recycled water to
install backflow devices on those properties to ensure that inadvertent cross-connection
does not contaminate the City’s potable water system. This work will protect the City’s
water system while also complying with County Public Health Department requirements.
While Staff have the authority to require the installation of a backflow device, based on
their professional judgment, as authorized by the California and County Codes, Staff
intend to return to the City Council at a future date for consideration of a Municipal Code
update including more clear language regarding backflow device installation and testing
requirements within the City.
Extent of Installations and Drip Tube Replacements
Staff are currently conducting an audit of all recycled water sites to identify locations
where purple-stripe drip irrigation tubing should be replaced with all-purple tubing and
where backflow devices should be installed. Several sites have been identified, including
the Avila Ranch and San Luis Ranch developments, where protection of public heal th
could be further improved by these actions. Staff have currently identified 24 parcels
where backflow devices could be installed and believe that more si tes (including, but not
limited to, sites within the Avila Ranch and San Luis Ranch developments) wi ll be
identified as the audit continues. At this time, Avila Ranch and San Luis Ranch
developments are connected to potable water for irrigation use until these issues and
potential for cross-connections are resolved.
3 California Title 17 Public Health, Division 1 State Department of Health Services and State Water
Resources Control Board, Chapter 5 Sanitation (Environmental), Subchapter 1 Engineering (Sanitary)
Group 4 Drinking Water Supplies, § 7584. Responsibility and Scope of Program.
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Other Potential Cross-Connection Issues
Upon completion of recycled water site audits and any necessary site modifications, staff
requests utilization of any remaining funding to conduct similar modifications to sites
within the City that are located adjacent to properties where similar cross-connection and
public health issues have the potential to occur, and staff has determined additional
protection measures are warranted. Some examples of this scenario include potable
water sites adjacent to properties using a private well for irrigat ion purposes and areas
where contaminant4 remediation is necessary.
Installation of a backflow device on a property adjacent to a site posing these and similar
potential scenarios would protect the City’s water supply from potential cross-connection
contamination in the event of an unauthorized connection .5 Ensuring prevention of non-
potable and possibly contaminated groundwater from getting into the City's water
distribution system would protect the City’s potable water supply and thereby benefit the
City as a whole.
Public Engagement
Staff developed this proposed plan after discussions with developers who are
constructing new housing projects where these issues have been identified, such as Avila
Ranch and San Luis Ranch. Staff have not yet conducted fo rmal engagement or
communication with homeowners as City Council approval is needed before this funding
is utilized to resolve identified issues. If authorized, Staff will conduct outreach and
coordination with larger project developers and individual property owners.
CONCURRENCE
The Community Development Department concurs with the contents and
recommendations within this report. All work performed by the City to install backflow
devices on identified private properties will be done pursuant to a written right of entry
agreement and liability waiver on a form satisfactory to the City Attorney.
In addition, the County Public Health Environmental Health Services Division has
determined that the City has the authority to exercise professional judgment in
determining specifically which sites necessitate the installation of a backflow prevention
assembly to ensure the safety and purity of the public water supply.
4 Contaminants including but not limited to perchloroethylene (PCE) and/or Per- and polyfluoroalkyl
substances (PFAS)
5 The City’s Engineering Standards and Specifications require backflow prevention on all service
connections that pose a potential threat to health and safety of the community, in cluding but not limited to
areas served by private wells (Engineering Standards and Specifications, Uniform Design Criteria 1010,
6.1.3 Cross Connections). This applies when a site is connected to the City’s water distribution system for
potable water, while using a private well for irrigation (for example).
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Item 6d
ENVIRONMENTAL REVIEW
The proposed actions are categorically exempt from the California Environmental Quality
Act (CEQA), pursuant to State CEQA Guidelines Sections 15301 (Existing Facilities) and
15302 (Replacement or Reconstruction) because the projects will be limited to the
replacement of existing irrigation tubing and the installation of backflow devices on
existing infrastructure serving existing developments and developments under
construction. The actions would not result in an expansion of use or increase in the
capacity of the existing infrastructure, which would retain the same purpose of providing
water to a property within the City.
FISCAL IMPACT
Budgeted: Yes Budget Year: 2023-24
Funding Identified: Yes
Fiscal Analysis:
Funding
Sources
Total Budget
Available
Current
Funding
Request
Remaining
Balance
Annual
Ongoing
Cost
Water Fund -
Recycled
Water System
Retrofit CIP
(2000573)
$172,647.45 $172,647.45 $0 $5,000
Total $172,647.45 $172,647.45 $0 $5,000
The 2021-23 Financial Plan Supplement (2022-23 Adopted Budget) identified $200,000
for recycled water system retrofits. Staff is requesting that the City Council authorize the
use of remaining funding from this Recycled Water System Retrofit CIP account. The
balance of this account is $172,647.45 and staff requests utilization of all available
funding for site improvements as described in this report. Because staff have not
completed a systemwide audit, total project costs are not yet defined ; however, it is
anticipated that all existing deficiencies can be addressed with the available project
budget.
Annual backflow testing is estimated to cost $50 to $75 per device and backflow device
installation is expected to have a one -time cost of approximately $1,000 per device.
Should the City Council approve the use of the requested $172,647.45 for infrastructure
improvements, staff estimate ongoing costs of approximately $5,000 per year to conduct
backflow device testing in accordance with State requirements, which will be requested
in the 2024-25 budget supplement.
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Item 6d
ALTERNATIVES
1. The City Council could decide to require the property owner to fund above-
mentioned improvements. This is not recommended, as the City residents as a
whole benefit from the improvement to public health protection resulting from these
modifications and not the specific property in question. While the authority exists via
State Code for the City and Cou nty to require the identified improvements, the
intention of this program is to deliver recycled water to preserve potable water
sources, protect public health, and comply with State and local codes, for the benefit
of the community as a whole. Furthermore, requiring the property owner to fund the
improvements would result in an unanticipated financial burden on homeowners.
2. The City Council could elect to not move forward with the recommended
improvements. This is not recommended, as these minor modifications to recycled
water sites and properties adjacent to areas served by recycled water or served by a
private well will improve the protection of public health and reduce the likelihood of a
cross-connection.
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