Resolution No. 8661
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RESOLUTION NO. 8661
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AGREEMENT NO. C1397 BY AND BETWEEN THE CITY OF
VERNON AND CENTRAL BASIN MUNICIPAL WATER DISTRICT
FOR REGULATORY AND ADMINISTRATIVE COMPLIANCE
MEASURES
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7 WHEREAS, the City of Vernon ("City") is in the process of
8 developing a 134 MW Combined Cycle Power Plant officially named the
9 Malburg Generating Station (the "Malburg Project") for the purpose of
10 installing additional generating capacity that will yield an efficient,
11 cost-effective, and reliable source of electric generation to the City
12 of Vernon; and
13 WHEREAS, the cooling water supply for the Malburg Project is
14 being provided by reclaimed water; and
15 WHEREAS, on May 22, 2002, the City Council of the City of
16 Vernon adopted Resolution No. 7973 approving an Agreement Between the
17 City and the Central Basin Municipal Water District ("CBMWD") Regarding
18 the Buying and Selling of Recycled Water to the Malburg Project; and
19 WHEREAS, Title 22 of the California Code of Regulations
20 (Chapter 3, Article 5, Section 60316) requires annual visual
21 inspections and periodic cross-connection testing at recycled water use
22 sites to confirm compliance with regulations and check for cross-
23 connections; and
24 WHEREAS, the City and CBMWD have completed negotiating the
25 general parameters under which the City's Environmental Health
26 Department will provide inspections and testing to confirm compliance
27 with regulations as well as related measures to confirm the City's
28 understanding of its responsibilities; and
1 WHEREAS, by letter dated January 26, 2005, Bruce V.
2 Malkenhorst, City Administrator/City Clerk, recommended that an
3 agreement with CBMWD be approved and executed for regulatory and
4 administrative compliance measures; and
5 WHEREAS, the City Council of the City of Vernon has
6 determined that, pursuant to the provisions of subsection (a) of
7 Section 2.27 of the Vernon City Code, it is in the public interest and
8 necessity to enter into an agreement with CBMWD defining the roles and
9 responsibilities between the City and CBMWD respecting regulatory and
10 administrative compliance matters to enhance services provided to the
11 Vernon community.
12 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
13 CITY OF VERNON AS FOLLOWS:
14 SECTION 1: The City Council of the City of Vernon hereby
15 finds and determines that the recitals contained hereinabove are true
16 and correct.
17 SECTION 2: The City Council of the City of Vernon hereby
18 approves Agreement No. C1397 with the Central Basin Municipal Water
19 District, a copy of which is attached hereto as Exhibit A and
20 incorporated by reference.
21 SECTION 3: The City Council of the City of Vernon hereby
22 authorizes the Mayor to execute said Agreement for, and on behalf of,
23 the City of Vernon and the City Clerk is hereby authorized to attest
24 thereto.
25 SECTION 4: The City Council of the City of Vernon hereby
26 directs the City Clerk, or his designee, to send two fully executed
27 Agreements to Central Basin Municipal Water District.
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SECTION 5:
The City Clerk of the City of Vernon shall
2 certify to the passage of this resolution, and thereupon and
3 thereafter the same shall be in full force and effect.
4 APPROVED AND ADOPTED this 2nd day of February, 2005.
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~~U~L~~'-;U'~~C'~J/ ,.
~(EONIS C. MALBU~G, May r
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ATTEST:
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10 BRUCE V. MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA
2 COUNTY OF LOS ANGELES
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4 I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
ss
5 hereby certify that the foregoing Resolution, being Resolution No.
6 8661, was duly adopted by the City Council of the City of Vernon at a
7 regular meeting of the City Council duly held on Wednesday, February 2,
8 2005, and thereafter was duly signed by the Mayor of the City of
9 Vernon.
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13 (SEAL)
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A- ?/~---z~
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
A
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AGREEMENT NO. C1397
between
CENTRAL BASIN MUNICIPAL WATER DISTRICT
and
CITY OF VERNON
for
REGULATORY AND ADMINISTRATIVE COMPLIANCE MEASURES
As of November 23, 2004 the Central Basin Municipal Water District, herein
"DISTRICT" and the City of Vernon, herein "PURVEYOR" agree as follows:
SECTION 1.
PURPOSE
Title 22 of the California Code of Regulations (Chapter 3, Article 5, Section
60316) requires annual visual inspections and periodic cross-connection testing at
recycled water use sites to confirm compliance with regulations and check for
cross-connections. This Agreement defines the roles and responsibilities between
PURVEYOR and DISTRICT with regard to those inspections and testing measures
as well as related measures to confirm the customers understanding of its
responsibilities.
SECTION 2.
DISTRICT
DISTRICT or its designees, shall:
(a) Maintain user-signed copies of the DISTRICT's "Conditions for the
Introduction and Use of Recycled Water" (hereinafter "Conditions") as
received from the PURVEYOR;
(b) Provide written notice to PURVEYOR if there are any changes to the
Conditions;
(c) Maintain records of the results of Annual Visual Inspections (A VI) and
Periodic Cross-Connection Testing (PCCT) as received from the
PURVEYOR; and
(d) Provide PURVEYOR with an adequate number of copies of the
DISTRICT's "Recycled Water Customer Guide" and "Conditions".
Agreement No. C1397Revised2, Page 1 of 4
SECTION 3. PURVEYOR
PURVEYOR or its designee, shall:
(a) Have on-site supervisors annually review and sign a copy of the
DISTRICTS' "Conditions" to confirm understanding and acceptance of
the "Conditions";
(b) Forward a copy of signed "Conditions" to the DISTRICT;
(c) Keep a record of Annual Visual Inspections (A VI) dates for all recycled
water use sites;
(d) Visit each recycled water use site annually and complete a form
indicating the results of the A VI. (The A VI form shall include a place to
identify the recycled water use site's "On-site Supervisor" (person
designated by the customer as their field representative) to confirm the
customer (end user of the recycled water resources) was represented at
the A VI and aware of the results, and to identify the contact if follow-up
measures are required);
(e) Invite the DISTRICT to attend the A Vis;
(f) Keep a copy of the results of AVis and Conditions;
(g) Forward a copy of the completed A VI forms to DISTRICT;
(h) Perform Periodic Cross-Connection Testing (PCCT) at each recycled
water use site at the appropriate time;
(i) Arrange for the recycled water use site "On-Site Supervisor" to attend
the PCCT and also invite the DISTRICT to attend the PCCT;
(j) Complete and file a copy of a report on any PCCT;
(k) Forward a copy of any completed report on a PCCT form to DISTRICT;
(I) Follow-up on non-compliant sites to insure timely response of the
temporary suspension of service until compliance is confirmed;
(m) Suspend City of Vernon potable water service(s) and/or recycled water
service(s) to a recycled water user site whenever a recycled water user
fails to comply with proper notification of regulatory compliance
deficiencies with the user's water conveyance systems, signage, and/or
Agreement No. C1397Revised2, Page 2 of 4
tagging within thirty (30) calendar days of such notification or
immediately if an emergency condition exists.
(n) Help enforce State regulations by notifying DISTRICT of regulatory
compliance deficiencies at recycled water use sites.
SECTION 4. NON-COMPLIANT SITE
A. A site which does not pass its A VI or PCCT shall be deemed "Non-
Compliant." The level of non-compliance will determine which of the next steps
described below are implemented. A site that does not comply with Title 22 of the
California Code of Regulations is in "Regulatory Non-Compliance". There are two
levels of Regulatory Non-Compliant:
1 . A Regulatory Non-Compliant Site in which a physical cross-
connection between disparate water systems has occurred that represents a threat
to public health is an "Emergency Non-compliant site". In such cases, PURVEYOR
shall immediately. suspend all potable and recycled water service to the Non-
Compliant Site and notify the State of California, Department of Health Service
(DHS) within 24-hours of detection. The next steps will be determined by
DISTRICT, PURVEYOR, State DHS, and the On-Site Supervisor.
2. A Regulatory Non-Compliant Site in which proper signage or
system identification is not present or detected, modifications to the water
system(s) has been performed without prior notification and approval of
PURVEYOR, or there is no identified "On-Site Supervisor" is a "Notification Non-
Complaint site". In such cases, the PURVEYOR shall issue the recycled water user
a notice to remedy the situation within thirty (30) calendar days. An extension
may be granted by PURVEYOR with reason. If such a Non-Compliant Site has not
remedied the deficiencies within the prescribed time, PURVEYOR shall suspend
recycled water service until the deficiencies are remedied.
B. A site that does not comply with the DISTRICT requirement that a
qualified representative from the recycled water use site execute the Conditions is
an II Administrative Non-Compliance site". In such cases, the PURVEYOR, or its
Agreement No. C1397Revised2, Page 3 of 4
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designee, shall issue the recycled water user a notice to remedy the situation
within thirty (30) calendar days. An extension may be granted by PURVEYOR with
reason. If such a Non-Compliant Site has not remedied the deficiencies within the
prescribed time, PURVEYOR shall temporarily suspend recycled water service until
the deficiencies are remedied.
In witness whereof, the parties hereto have caused this agreement to be
executed the date first written above.
APPROVED:
Central Basin Municipal Water District
By
Art Aguilar, Co-Acting General Manager
By
Richard Nagel, Co-Acting General Manager
APPROVED TO AS TO FORM:
By:
Lemieux & O'Neill, District Counsel
APPROVED:
City of Vernon
ATTEST:
By:
By:
Bruce V. Malkenhorst, City Clerl
Leonis C. Malburg
Title: Mayor
APPROVED AS TO FORM:
VJ:bh u:\AGR.03\C1397Revised2
Eric T. Fresch, City Attorney
Agreement No. C1397Revised2, Page 4 of 4
SUPPORTING
DOCUMENTS
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AGREEMENT NO. C1397
between
CENTRAL BASIN MUNICIPAL WATER DISTRICT
and
CITY OF VERNON
for
REGULATORY AND ADMINISTRATIVE COMPLIANCE MEASURES
As of November 23, 2004 the Central Basin Municipal Water District, herein
"DISTRICT" and the City of Vernon, herein "PURVEYOR" agree as follows:
SECTION 1.
PURPOSE
Title 22 of the California Code of Regulations (Chapter 3, Article 5, Section
60316) requires annual visual inspections and periodic cross-connection testing at
recycled water use sites to confirm compliance with regulations and check for
cross-connections. This Agreement defines the roles and responsibilities between
PURVEYOR and DISTRICT with regard to those inspections and testing measures
as well as related measures to confirm the customers understanding of its
responsibilities.
SECTION 2.
DISTRICT
DISTRICT or its designees, shall:
(a) Maintain user-signed copies of the DISTRICT's IIConditions for the
Introduction and Use of Recycled Water" (hereinafter "Conditions") as
received from the PURVEYOR;
(b) Provide written notice to PURVEYOR if there are any changes to the
Conditions;
(c) Maintain records of the results of Annual Visual Inspections (A VI) and
Periodic Cross-Connection Testing (PCCT) as received from the
PURVEYOR; and
(d) Provide PURVEYOR with an adequate number of copies of the
DISTRICT's "Recycled Water Customer Guide" and "Conditions".
Agreement No. C1397Revised2, Page 1 of 4
SECTION 3. PURVEYOR
PURVEYOR or its designee, shall:
(a) Have on-site supervisors annually review and sign a copy of the
DISTRICTS' "Conditions" to confirm understanding and acceptance of
the "Conditions";
(b) Forward a copy of signed "Conditions" to the DISTRICT;
(c) Keep a record of Annual Visual Inspections (A VI) dates for all recycled
water use sites;
(d) Visit each recycled water use site annually and complete a form
indicating the results of the A VI. (The A VI form shall include a place to
identify the recycled water use site's "On-site Supervisor" (person
designated by the customer as their field representative) to confirm the
customer (end user of the recycled water resources) was represented at
the A VI and aware of the results, and to identify the contact if follow-up
measures are required);
(e) Invite the DISTRICT to attend the AVis;
(f) Keep a copy of the results of AVis and Conditions;
(g) Forward a copy of the completed A VI forms to DISTRICT;
(h) Perform Periodic Cross-Connection Testing (PCCT) at each recycled
water use site at the appropriate time;
(i) Arrange for the recycled water use site liOn-Site Supervisor" to attend
the PCCT and also invite the DISTRICT to attend the PCCT;
(j) Complete and file a copy of a report on any PCCT;
(k) Forward a copy of any completed report on a PCCT form to DISTRICT;
(I) Follow-up on non-compliant sites to insure timely response of the
temporary suspension of service until compliance is confirmed;
(m) Suspend City of Vernon potable water service(s) and/or recycled water
service(s) to a recycled water user site whenever a recycled water user
fails to comply with proper notification of regulatory compliance
deficiencies with the user's water conveyance systems, signage, and/or
Agreement No. C1397Revised2, Page 2 of 4
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tagging within thirty (30) calendar days of such notification or
immediately if an emergency condition exists.
(n) Help enforce State regulations by notifying DISTRICT of regulatory
compliance deficiencies at recycled water use sites.
SECTION 4.
NON-COMPLIANT SITE
A. A site which does not pass its A VI or PCCT shall be deemed "Non-
Compliant." The level of non-compliance will determine which of the next steps
described below are implemented. A site that does not comply with Title 22 of the
California Code of Regulations is in "Regulatory Non-Compliance". There are two
levels of Regulatory Non-Compliant:
1 . A Regulatory Non-Compliant Site in which a physical cross-
connection between disparate water systems has occurred that represents a threat
to public health .is an "Emergency Non-compliant site". In such cases, PURVEYOR
shall immediately suspend all potable and recycled water service to the Non-
Compliant Site and notify the State of California, Department of Health Service
(DHS) within 24-hours of detection. The next steps will be determined by
DISTRICT, PURVEYOR, State DHS, and the On-Site Supervisor.
2. A Regulatory Non-Compliant Site in which proper slgnage or
system identification is not present or detected, modifications to the water
system(s) has been performed without prior notification and approval of
PURVEYOR, or there is no identified "On-Site Supervisor" is a "Notification Non-
Complaint site". In such cases, the PURVEYOR shall issue the recycled water user
a notice to remedy the situation within thirty (30) calendar days. An extension
may be granted by PURVEYOR with reason. If such a Non-Compliant Site has not
remedied the deficiencies within the prescribed time, PURVEYOR shall suspend
recycled water service until the deficiencies are remedied.
B. A site that does not comply with the DISTRICT requirement that a
qualified representative from the recycled water use site execute the Conditions is
an "Administrative Non-Compliance site". In such cases, the PURVEYOR, or its
Agreement No. C1397Revised2, Page 3 of 4
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designee, shall issue the recycled water user a notice to remedy the situation
within thirty (30) calendar days. An extension may be granted by PURVEYOR with
reason. If such a Non-Compliant Site has not remedied the deficiencies within the
prescribed time, PURVEYOR shall temporarily suspend recycled water service until
the deficiencies are remedied.
In witness whereof, the parties hereto have caused this agreement to be
executed the date first written above.
APPROVED:
Central Basin Municipal Water District
By
Art Aguilar, Co-Acting General Manager
By
Richard Nagel, Co-Acting General Manager
APPROVED TO AS TO FORM:
By:
Lemieux & O'Neill, District Counsel
APPROVED:
City of Vernon
ATTEST:
d
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By: ~/'
. ~. LEONIS C.' LBURG
Title: Mayor
BRUCE V. MALKENHORST
City Clerk
VJ:bh u:\AGR.03\C1397Revised2
Agreement No. C1397Revised2, Page 4 of 4