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HomeMy WebLinkAbout7/13/2016 - STAFF REPORTS - 1.E. 40�QALM$A iy ~ O u w 'lFO % City Council Staff Report C4ANP DATE: July 13, 2016 CONSENT CALENDAR SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1894 AMENDING THE PALM SPRINGS MUNICIPAL CODE RELATING TO ACCEPTANCE OF INDUSTRIAL COOLING WATER OR UNPOLLUTED PROCESS WATER INTO THE CITY'S SANITARY SEWER SYSTEM FOR TREATMENT. FROM: David H. Ready, City Manager BY: Office of City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1894. RECOMMENDATION: Waive the reading of the ordinance text in its entirety and adopt Ordinance No. 1894, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 15.28 'WATER AND SEWERS' OF THE CITY OF PALM SPRINGS MUNICIPAL CODE TO CAPTURE INDUSTRIAL COOLING WATER OR UNPOLLUTED PROCESS WATER IN CITY SEWERS FOR TREATMENT." STAFF ANALYSIS: On July 6, 2016, Ordinance No. 1894 was introduced for first reading, as noted below: ACTION: Waive the reading of the ordinance text in its entirety and introduce by title only for first reading Ordinance No. 1894, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 15.28 'WATER AND SEWERS' OF THE CITY OF PALM SPRINGS MUNICIPAL CODE TO CAPTURE INDUSTRIAL COOLING WATER OR UNPOLLUTED PROCESS WATER IN CITY SEWERS FOR TREATMENT." Motion Councilmember Foat , seconded by Councilmember Roberts, and carried 4-0 on a roll call vote; Mayor Pro Tern Mills absent. Item No 1• E . ADOPTION OF ORDINANCE NO. 1894 July 13, 2016 Page 2 of 2 This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall be effective 30-days from adoption. mes Thompson David H. Ready, City Clerk City Manager /tm Attachments: Ordinance No. 1894 02 ORDINANCE NO. 1894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AMENDING CHAPTER 15.28 "WATER AND SEWERS" OF THE CITY OF PALM SPRINGS MUNICIPAL CODE TO CAPTURE INDUSTRIAL COOLING WATER OR UNPOLLUTED PROCESS WATER IN CITY SEWERS FOR TREATMENT City Attorney's Summary Under the current provision of the Palm Springs Municipal Code, industrial cooling water or unpolluted process water is prohibited to be discharged to the City's sanitary sewer system. This Ordinance will allow industrial cooling water or unpolluted process water to be discharged to the City's sanitary sewer system upon review and approval by the City. WHEREAS, the City of Palm Springs ("City") intends to capture sources of water discharge for treatment by the Desert Water Agency for further reclamation and beneficial reuse; and WHEREAS, Desert Regional Medical Center, Inc. ("DRMC") contacted the City to request concurrence from the City to convey potential industrial unpolluted water discharges to the City's sanitary sewer system; and WHEREAS, the DRMC cooling tower system consists of one fluid cooler and two evaporative condensers for the purpose of maintaining temperature control in operating rooms, patient rooms, and the main building; and WHEREAS, GSI Environmental conducted a study of the volume and quality of the discharge water from the DRMC cooling tower system and found that the chemistry of the discharge does not violate the City's sewer use regulations; and WHEREAS, the City's sanitary sewer system has ample capacity to capture industrial cooling water; NOW THEREFORE, the City Council of the City of Palm Springs hereby ordains as follows: SECTION 1. Section 15.28.040 of the Palm Springs Municipal Code is hereby amended in its entirety to read as follows: "Section 15.28.040 Improper effluents for sanitary sewers. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, or subsurface drainage into any sanitary sewer." 03 i i Ordinance No. 1894 Page 2 SECTION 2. Section 15.28.060 of the Palm Springs Municipal C p ode is hereby amended in its entirety to read as follows: "Section 15.28.060 Unpolluted industrial water. A. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the director of public works or such other official with responsibility over the Palm Springs sanitary sewer service, to the sewer system upon a determination that the sewer system has available capacity for such discharge, and such discharge does not contain prohibited and regulated wastes, unless such wastes are intercepted with preliminary treatment facilities prior to such discharge in accordance with Code section15.28.090. B. Any discharge for which approval is granted in accordance with section 15.28.060(A) shall be subject to periodic monitoring to occur at least once a year to ensure there is no change to the quantity or quality of industrial cooling water or unpolluted process waters being discharged." SECTION 3. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 13`" DAY OF JULY, 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK 04 Ordinance No. 1894 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1894 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6t day of July, 2016, and adopted at a regular meeting of the City Council held on the 13th day of July, 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: JAMES THOMPSON, CITY CLERK City of Palm Springs, California 05 CITY OF PALM SPRINGS NOTIFICATION City Council Meeting Date: July 13, 2016 Subject: Ordinance No. 1894 AFFIDAVIT OF PUBLICATION I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary was published in the Desert Sun on July 22, 2016. 1 declare under penalty of perjury that the foregoing is true and correct. V- �0 Y Kathie Hart, MMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Ordinance Summary and Ordinance was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on July 21, 2016. 1I declare under penalty of perjury that the foregoing is true and correct. 1L"aAi Kathie Hart, MMC Chief Deputy City Clerk 1 � The Desert Sun 750 N Gene Autry Trail Certificate of Publication Palm Springs, CA 92262 RECEIY IJ R IHG 760-778-45781 Fax 760-778-4731 CITY OF P A LM State Of California ss: Z61I JUL 27 pM 9` 06 County of Riverside JANES THOn� t CITY CLERK Advertiser: CITY OF PALM SPRINGS/LEGALS PO BOX 2743 PALM SPRINGS CA 92263 Order# 0001450172 I am over the age of 18 years old, a citizen of the United States and not a party to, or have interest in this matter. I hereby certify that the attached advertisement appeared in said newspaper(set in type not smaller than non pariel)in each and entire issue of said No 1081 - ORDINANCE NO.1894 , newspaper and not in any supplement thereof AN ORDINANCE OF THE CITY COUNCIL IN THE CITY OF On the following dates,t0 wit: PALM SPRINGS; CALIFORNIA,DET AMENDING THE PALM SPRINGS M WATER O CODE TO TEDCAPTURE INDUSTRIAL COOLING WATER OR UNPOLLUTED PROCESS WATER Newspaper. The Desert Sun IN CITY SEWERS FOR TREATMENT City Attision o Summary Under the current prowslonof Me Palm Springs Municipal Code, industrial cooling water or unpol/he 7/22/2016 ad process water is prohibited to ba disMarged to the Ci1T�'s sanitary sewer system. This Ordinance will allow industrial cooling water or unpollut, process water to be d(schbrged to the ChYs sanitary sewer system upon reviewand approval byq the Clryry CERTIFICA110N . STATE OF CALIFORNIA. ) I acknowledge that I am a principal clerk of the COUNTY OF RIVERSIDE )s. CITY OF PALM SPRINGS I printer of The Desert Sun, printed and I,JAMES THOMPSON,City Clerk of the.City of Palm Springs,hereby certi{y that Ordinance No. 1894 is a full,true and correct copy,and was intra- published weekly in the City of Palm Springs, dNte at a regular meeting of the Palm Springs City Council on the 6th day of July,2016,and adopted at an ad11'ourrsed regular meeting of the City Council County of Riverside, State of California. The held on the 13th day of July,N116,bythe following vote: AYES: Coundlmember Foat.Councilmember Kors,and Mayor Moon Desert Sun was adjudicated a Newspaper of NOES: - None -ABSENT: Councllmember Roberts and Mayor Pro TemI general circulation on March 24, 1988 by the All None tMyE�S TP&HOM5PpSrOyrN�.CRY CLERK _ Superior Court of the County of Riverside, R LA 161WIed1m/2T/28T6 alif«nia State of California Case No. 191236. - r I declare under penalty of perjury that the foregoing is true and correct. Executed on this 22nd day of JULY, 2016 in Palm Springs, California. Declarant '1�l'� aib �G ORDINANCE NO. 1894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE PALM SPRINGS MUNICIPAL CODE TO CAPTURE INDUSTRIAL COOLING WATER OR UNPOLLUTED PROCESS WATER IN CITY SEWERS FOR TREATMENT City Attorney's Summary Under the current provision of the Palm Springs Municipal Code, industrial cooling water or unpolluted process water is prohibited to be discharged to the City's sanitary sewer system. This Ordinance will allow industrial cooling water or unpolluted process water to be discharged to the City's sanitary sewer system upon review and approval by the City. CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1894 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6`" day of July, 2016, and adopted at an adjourned regular meeting of the City Council held on the 13`h day of July, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, and Mayor Moon NOES: None ABSENT: Councilmember Roberts and Mayor Pro Tern Mills ABSTAIN: None ES THOMPSON, CITY CLERK ity of Palm Springs, California ORDINANCE NO. 1894 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING CHAPTER 15.28 "WATER AND SEWERS" OF THE CITY OF PALM SPRINGS MUNICIPAL CODE TO CAPTURE INDUSTRIAL COOLING WATER OR UNPOLLUTED PROCESS WATER IN CITY SEWERS FOR TREATMENT. City Attorney's Summary Under the current provision of the Palm Springs Municipal Code, industrial cooling water or unpolluted process water is prohibited to be discharged to the City's sanitary sewer system. This Ordinance will allow industrial cooling water or unpolluted process water to be discharged to the City's sanitary sewer system upon review and approval by the City. WHEREAS, the City of Palm Springs ("City") intends to capture sources of water discharge for treatment by the Desert Water Agency for further reclamation and beneficial reuse; and WHEREAS, Desert Regional Medical Center, Inc. ("DRMC") contacted the City to request concurrence from the City to convey potential industrial unpolluted water discharges to the City's sanitary sewer system; and WHEREAS, the DRMC cooling tower system consists of one fluid cooler and two evaporative condensers for the purpose of maintaining temperature control in operating rooms, patient rooms, and the main building; and WHEREAS, GSI Environmental conducted a study of the volume and quality of the discharge water from the DRMC cooling tower system and found that the chemistry of the discharge does not violate the City's sewer use regulations; and WHEREAS, the City's sanitary sewer system has ample capacity to capture industrial cooling water; NOW THEREFORE, the City Council of the City of Palm Springs hereby ordains as follows: SECTION 1. Section 15.28.040 of the Palm Springs Municipal Code is hereby amended in its entirety to read as follows: "Section 15.28.040 Improper effluents for sanitary sewers. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, or subsurface drainage into any sanitary sewer." Ordinance No. 1894 Page 2 SECTION 2. Section 15.28.060 of the Palm Springs Municipal Code is hereby amended in its entirety to read as follows: "Section 15.28.060 Unpolluted industrial water. A. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the director of public works or such other official with responsibility over the Palm Springs sanitary sewer service, to the sewer system upon a determination that the sewer system has available capacity for such discharge, and such discharge does not contain prohibited and regulated wastes, unless such wastes are intercepted with preliminary treatment facilities prior to such discharge in accordance with Code section15.28.090. B. Any discharge for which approval is granted in accordance with section 15.28.060(A) shall be subject to periodic monitoring to occur at least once a year to ensure there is no change to the quantity or quality of industrial cooling water or unpolluted process waters being discharged." SECTION 3. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 13th DAY OF JULY, 2016. ROBERT MOON, MAYOR ATTEST: JAMES THOMPSON, CITY CLERK Ordinance No. 1894 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. 1894 is a full, true and correct copy, and was introduced at a regular meeting of the Palm Springs City Council on the 6t day of July, 2016, and adopted at a regular meeting of the City Council held on the 13th day of July, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, and Mayor Moon NOES: None ABSENT: Councilmember Roberts and Mayor Pro Tern Mills ABSTAIN: None JAMES THOMPSON, CITY CLERK City of Palm Springs, California