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Home My WebLink About09 SECOND READING AND ADOPTION OF ORDINANCE NO. 1575-CROSS CONTROL CONNECTIONDocusign Envelope ID: A6BE669C-DB25-44DB-AA21-F69A9AF2C1 F5 MEETING DATE TO FROM Agenda Item 9 AGENDA REPORT Reviewed: City Manager a` s Finance Director N/A FEBRUARY 17, 2026 ALDO E. SCHINDLER, CITY MANAGER ERICA N. YASUDA, CITY CLERK SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 1575 — CROSS CONNECTION CONTROL SUMMARY: Adoption of Cross -Connection Control Ordinance No. 1575 formally establishes regulatory authority, program requirements, and appropriate enforcement mechanisms necessary to protect the City's potable water system from contamination due to cross -connections and backflow events. RECOMMENDATION: That the City Council have second reading by title only and adoption of Ordinance No. 1575. FISCAL IMPACT: Adoption of Ordinance 1575 does not result in additional fiscal impacts. In July 2025, the City Council approved an additional budget appropriation in the amount of $70,000 for the program implementation costs. Ongoing program costs are estimated at $100,000 annually and will be requested each year through the City's budget process. CORRELATION TO THE STRATEGIC PLAN: Adoption of the Cross -Connection Control Ordinance supports the City's Strategic Plan Goal B: Public Safety and Protection of Assets. Specifically, the Ordinance advances Strategy 5, in creating and implementing a plan to protect the City's assets. BACKGROUND AND DISCUSSION: On February 3, 2026, the City Council had first reading by title only of Ordinance No. 1575: Docusign Envelope ID: A6BE669C-DB25-44DB-AA21-F69A9AF2C1F5 City Council Agenda Report Second Reading and Adoption of Ordinance No.1575 February 17, 2026 Page 2 ORDINANCE NO. 1575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA ADDING SECTION 4907 TO THE TUSTIN CITY CODE INSTITUTING A CROSS - CONNECTION CONTROL PROGRAM TO PROTECT THE PUBLIC WATER SYSTEM Ev-Lcal N. Ya4uAa,, Erica N. Yasuda City Clerk Attachment: 1. Ordinance No. 1575 Docusign Envelope ID: A6BE669C-DB25-44DB-AA21-F69A9AF2C1F5 ORDINANCE NO. 1575 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, ADDING SECTION 4907 TO THE TUSTIN CITY CODE INSTITUTING A CROSS - CONNECTION CONTROL PROGRAM TO PROTECT THE PUBLIC WATER SYSTEM The City Council of the City of Tustin does hereby ordain as follows: SECTION 1. Section 4907 (Cross -Connection Control Program) is hereby added to Chapter 9 (Water Quality Control) of Article 4 (Health and Sanitation) of the Tustin City Code to read as follows: 4907 — CROSS -CONNECTION CONTROL PROGRAM (a) Purpose The purpose of this Section is to implement a Cross -Connection Control Program pursuant to the State Water Resources Control Board's Cross -Connection Control Policy Handbook. This Section is intended to protect the City of Tustin's potable water system from the risk of backflow and to ensure compliance with applicable and updated state regulations. The City's Cross -Connection Control Management Plan (CCCMP), a copy of which is maintained on file and shall be made available by the Public Works Director or his designee upon request, is incorporated herein by reference and together with this Section constitutes the City's Cross -Connection Control Program. (b) Cross -Connection Protection Requirements (1) General Provisions (A) Unprotected cross -connections with the public water supply are prohibited. (B) Where backflow protection is deemed necessary on any water supply line entering a water user's premises, all such lines connected to the City's mains must be equipped with an approved backflow prevention assembly (BPA). The specific type of BPA required shall be in accordance with the provisions of the CCCMP. (C) Cross -connections of any type that may permit backflow from any source or system other than the City's potable water system are prohibited. No connection that poses a potential or actual backflow hazard shall be permitted unless backflow protection measures are in full compliance with the CCCMP. Ordinance No. 1575 Page 1 of 4 Docusign Envelope ID: A6BE669C-DB25-44DB-AA21-F69A9AF2C1F5 (D) Additional provisions and procedures governing cross -connection control and backflow prevention are set forth in the CCCMP. The Public Works Director or his designee may update the CCCMP from time to time as necessary to ensure continued protection of the City's potable water supply. (E) All customer systems and premises shall be readily accessible for inspection at all reasonable times to authorized representatives of the City to enable the City to ascertain the existence of cross -connections or other structural or sanitary hazards, including violations of the cross - connection rules and regulations in this Section and the CCCMP. The City shall seek customer consent before conducting said inspections. If the customer denies the City access for inspection, the City shall obtain a warrant. City representatives may enter customer premises without consent or a warrant to take corrective actions or to address cross - connection hazards that pose an immediate risk to the City's distribution system. (F) Any newly installed, relocated, or repaired BPAs must be tested and certified prior to the continuation of water service. Testers observing a backflow incident or unprotected cross -connection must notify the City within one business day. The City may immediately discontinue service pending investigation and remediation. (G) At a minimum, BPAs must be tested annually, as directed by the CCCMP, or at a more frequent interval, as determined by the City. (H) The City shall review all applications for new water service to determine whether backflow protection is required. Upon request, applicants must submit plans and specifications for review of potential cross -connection hazards. If backflow prevention is deemed necessary, installation of an approved backflow prevention assembly shall be a condition precedent to the provision of water service. Refer to the CCCMP for detailed requirements. (1) BPAs serial numbers must always be clear and legible. Covering or rendering the serial number unreadable is prohibited. (c) Enforcement (1) General (A) It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Section or the CCCMP. Ordinance No. 1575 Page 2 of 4 Docusign Envelope ID: A6BE669C-DB25-44DB-AA21-F69A9AF2C1F5 (B) Failure to comply with any requirement under this Section or the CCCMP, including but not limited to overdue backflow testing or failure to install, repair, or replace a BPA, may result in citation(s) and/or potential suspension or termination of water service. SECTION 2. Repeal of Prior Ordinance. This Ordinance repeals, rescinds and replaces the City's previous Cross -Connection Control Program adopted under Ordinance No. 1008 (1988). SECTION 3. Effective Date. This Ordinance shall take effect on the 31 st day after its adoption. The City Clerk or her duly appointed deputy shall certify to Ordinance and cause this Ordinance to be published as required by law. adoption of the SECTION 4. CEQA Exemption. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to California Code of Regulations, Title 14, Chapter 3, Sections 15060 (c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) because it has no potential for resulting in physical change to the environment, directly or indirectly. SECTION 5. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Tustin hereby declares that it would have adopted this Ordinance and each section, subsection, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. PASSED AND ADOPTED, at a regular meeting of the City Council for the City of Tustin on this 17th day of February 2026. AUSTIN LUMBARD, MAYOR ATTEST: ERICA N. YASUDA, CITY CLERK Ordinance No. 1575 Page 3 of 4 Docusign Envelope ID: A6BE669C-DB25-44DB-AA21-F69A9AF2C1F5 APPROVED AS TO FORM: `v 4K- DAVID E. KENDIG, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF TUSTIN ) CERTIFICATION FOR ORDINANCE NO. 1575 I, Erica N. Yasuda, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify: (1) that the full title of the above and foregoing Ordinance No. 1575 was included on the City Council's published agendas for its meetings on the 3rd day of February 2026, the 17th day of February 2026; (2) that a copy of the full ordinance was made available to the public online and in print at the meeting prior its passage; (3) that the whole number of the members of the City Council of the City of Tustin is five; and (4) that the ordinance was duly and regularly introduced at the regular meeting of the City Council held on the 3rd day of February 2026 and was given its second reading, passed and adopted at a regular meeting of the City Council held on the 17th day of February 2026, by the following vote: COUNCILMEMBER AYES: COUNCILMEMBER NOES: COUNCILMEMBER ABSTAINED: COUNCILMEMBER ABSENT: COUNCILMEMBER RECUSED: EERICA N. YASUDA, City Clerk Ordinance No. 1575 Page 4 of 4