2014-12-09 City Council Agenda Packet (Special)California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall,
4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City’s website at
www.cityofvernon.org.
Americans with Disabilities Act (“ADA”): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the City Clerk’s office at (323) 583-8811. Notification of at least 48
hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable
arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Special City Council Meeting
Tuesday, December 9, 2014, 8:00 a.m.
Council Chamber
4305 Santa Fe Avenue
Vernon, California
W. Michael McCormick, Mayor
William J. Davis, Mayor Pro-Tem
Richard J. Maisano, Council Member
Luz Martinez, Council Member
Vacant, Council Member
CALL TO ORDER & FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is
within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment
on matters which are on the posted agenda during City Council deliberation on those specific matters.
PRESENTATIONS
1. Presentation by the external auditor on the Annual Financial Report for Fiscal Year 2013-2014.
/ / /
/ / /
/ / /
Special City Council Meeting Agenda
December 9, 2014
Page 2 of 9
CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion.
Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be
considered immediately after the Consent Calendar.
Claims Against the City – Received and Filed
2. Claim for Damages received on November 10, 2014, from Edgar Bernal in the amount of
$1,050.80.
Minutes – To be Received and Filed
3. Minutes of the Regular City Council Meeting held November 4, 2014.
4. Minutes of the Special City Council Meeting held November 17, 2014.
5. Minutes of the Regular City Council Meeting held November 18, 2014.
Warrant Registers
6. Approval of City Warrant Register No. 1413, totaling $1,686,895.44, which covers the period of
November 11, through November 24, 2014, and consists of the following:
a. Ratification of wire transfers totaling $1,122,076.87; and
b. Ratification of the issuance of early checks totaling $431,753.70; and
c. Authorization to issue pending checks totaling $133,064.87.
7. Approval of Light & Power Warrant Register No. 378, totaling $5,625,535.50, which covers the
period of November 11, through November 24, 2014, and consists of the following:
a. Ratification of wire transfers totaling $5,513,809.72; and
b. Ratification of the issuance of early checks totaling $49,216.85; and
c. Authorization to issue pending checks totaling $62,508.93.
8. Approval of Gas Warrant Register No. 166, totaling $13,213.11, which covers the period of
November 11, through November 24, 2014, and consists of the following:
a. Ratification of the issuance of early checks totaling $8,214.03; and
b. Authorization to issue pending checks totaling $4,999.08.
Fire Department
9. Authorize the City Administrator to execute the Site Access Agreement with the Los Angeles
Regional Interoperable Communications System (LA-RICS) Authority for the Long Term
Evolution (“LTE”) Project.
Special City Council Meeting Agenda
December 9, 2014
Page 3 of 9
Recommendation:
(1) Find that the proposed approval is exempt from review under the California Environmental
Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.25, the statutory
CEQA exemption adopted specifically for the LA-RICS project. To the extent any leased circuit
work that may occur outside of the PSBN site(s) is needed to provide connectivity to the site(s),
such work is categorically exempt under CEQA pursuant to CEQA Guidelines Sections 15301,
15303, and 15304; and
(2) Approve and authorize the City Administrator to execute the Site Access Agreement with the
Los Angeles Regional Interoperable Communications System (LA-RICS) Authority, in
substantially the same form as with the staff report. Approval of the Site Access Agreement
does not constitute a commitment or obligation to participate in LA-RICS as a continuing
member of the LA-RICS Authority.
10. Activity Report for the period of November 1 through November 15, 2014, to be received and
filed.
Gas and Electric Department
11. Approval of Upstream Internet Access Services Contract Renewal with Broadband.
Recommendation:
(1) Find that the approval of the proposed contract amendment is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines Section
15061(b)(3), the general rule that CEQA only applies to projects that may have an effect of the
environment; and
(2) Authorize the City Administrator to execute a three year contract renewal with Broadband “not-
to-exceed” a total amount of $180,000 during the three year term ($60,000 annually, including
taxes and fees) for the delivery of a wholesale internet access circuit to the City’s internet
system, in substantially the same form as submitted with the staff report. The proposed contract
will increase the City’s pre-tax monthly bill by $486, from $3,764 to $4,250, and double
transmission speeds from 100 Mbps to 200 Mbps. It is further recommended that the City
Council find that the contract is exempt from competitive bidding requirements pursuant to
Vernon Municipal Code § 2.17.12(A)(6) because this is a contract for the acquisition or
transmission of telecommunications for the Gas & Electric Department and it would be
commercially unreasonable to procure these services through standard bidding or request for
proposal procedures, given that that the City is already connected to Broadband network, and
switching carriers would be too expensive to be in the City’s best interests.
Police Department
12. Authorize the City Administrator to enter into a Memorandum of Understanding for the Use of
Los Angeles Regional Interoperable Communications System Authority User Equipment.
Recommendation:
(1) Find that the approval of the proposed Memorandum of Understanding (“MOU”) is exempt
under the California Environmental Quality Act (“CEQA”). In accordance with Section
Special City Council Meeting Agenda
December 9, 2014
Page 4 of 9
15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on
the environment; and
(2) Approve and authorize the City Administrator to enter into a MOU with the Los Angeles
Regional Interoperable Communications System Authority (“LA-RICS”) on behalf of the City of
Vernon, in substantially the same form as submitted with the staff report, for the loan of LA-
RICS User Equipment (portable radios) to the Vernon Police Department.
13. Activity Log and Statistical Summary of Arrests and Activities for the period of November 1,
through November 15, 2014, to be received and filed.
Public Works, Water and Development Services Department
14. Approval of Quitclaim Deed and Fire Lane Easement for 3250 Saco Street.
Recommendation:
(1) Find that the acceptance of the proposed Quitclaim Deed and Fire Lane Easement are
categorically exempt under the California Environmental Quality Act (“CEQA”) in accordance
with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
(2) Accept the Quitclaim Deed and Fire Lane Easement, and authorize the Mayor to execute said
documents.
NEW BUSINESS
Gas and Electric Department
15. Approval of Change Order No. 1 to the Existing Consulting Services Agreement with
Engineering Partners, Inc., for the Design and Preparation of Plans for the Relocation of Power
Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River
Bridge.
Recommendation:
(1) Find that the approval of Change Order No. 1 to the Consulting Services Agreement with
Engineering Partners, Inc., (“EPI”) is within the Initial Study/Mitigated Negative Declaration
prepared for this project pursuant to the provisions under the California Environmental Quality
Act (“CEQA”) in accordance with Section 15063, the lead agency shall conduct an initial study
to determine if the project may have a significant effect on the environment, and Section 15070.;
and
(2) Approve and authorize the City Administrator to execute Change Order No. 1, in substantially
the same form as submitted with the staff report, to existing consulting services agreement with
EPI for services related to additional surveying requirements, for a compensation amount not-to-
exceed $10,000; thereby increasing the total contract value to a not-to-exceed amount of
$147,385.
16. Request for Approval of Additional Fund Allocation for OneSource Distributors, LLC Purchase
Order 055.0002176.
Special City Council Meeting Agenda
December 9, 2014
Page 5 of 9
Recommendation:
(1) Find that the approval requested is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15273 because CEQA does not apply to “purchasing or
leasing supplies, equipment or materials; and that even if it were subject to CEQA, it would be
exempt pursuant to 15061(b)(3), the general rule that CEQA only applies to projects that may
have an effect on the environment because the cable referenced will be used merely to replace
existing older cable; and
(2) Authorize the City Administrator to approve additional fund allocation in the amount of
$22,372.78 to existing Purchase Order 055.0002176 with OneSource Distributors
(“OneSource”). A power cable purchase from OneSource was originally authorized by City
Council in June 2014 for a total amount not to exceed $388,898.00. Due to the complex nature
of measuring precise lengths of cable, a 10% tolerance is generally employed by suppliers as an
industry practice. The additional cable which was provided to the City after cutting occurred has
affected the total cost of the materials. The approval of additional funds would thereby increase
the maximum authorized expenditure from $388,898.00 to $411,270.78, and would fully satisfy
the payment due to OneSource.
17. Approval of Change Order No. 1 to the existing Services Agreement with Power Engineers, Inc.,
for Distributed Generation Impact Study Services.
Recommendation:
(1) Find the approval of Change Order No. 1 to the Services Agreement is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment; and
(2) Authorize the City Administrator to execute Change Order No. 1, in substantially the same form
as submitted with the staff report, to the services agreement with Power Engineers, Inc. (“PEI”)
for services regarding a distributed generation impact study. In addition to the subtasks
summarized in Task 4 of the original scope of work, PEI will leverage and augment existing
analyses to complete a new Cost of Service (“COS”) Study. The proposed change order reflects
an increase not-to-exceed $36,500, for a grand total not-to-exceed $255,280.00 over the one year
term of the agreement.
Human Resources Department
18. Adoption of City of Vernon Personnel Policies and Procedures, Smoking Policy I-14 (update).
Recommendation:
(1) Find that approval of the proposed personnel policy and procedures is exempt under the
California Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment; and
(2) Adopt the Personnel Policy and Procedures, Smoking Policy I-14 (update), and incorporate it
into the Personnel Policies and Procedures Manual; and
(3) Authorize the City Administrator and the Director of Human Resources to execute and distribute
the above-referenced policy to all employees.
Special City Council Meeting Agenda
December 9, 2014
Page 6 of 9
19. A Resolution of the City Council of the City of Vernon Approving the Memorandum of
Understanding by and Between the City of Vernon and the Vernon Firemen’s Association for the
Period of July 1, 2014 through June 30, 2017.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
(2) Adopt the resolution approving the Memorandum of Understanding by and between the City of
Vernon and the Vernon Firemen’s Association (“VFA”) for the period of July 1, 2014 through
June 30, 2017.
20. A Resolution of the City Council of the City of Vernon Adopting an Amended and Restated
Citywide Fringe Benefits and Salary Resolution and Repealing all Resolutions in Conflict
Therewith.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
(2) Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution,
effective December 28, 2014, to reflect the following provisions:
a) Amend Exhibit A, Classification and Compensation Plan
b) Amend Section 11, Automobile Allowance
c) Add Section 21, Uniform Allowance
d) Delete the Risk Manager Classification
e) Implement the changes set forth in the 2014-2017 Memorandum of Understanding
between the City of Vernon and the Vernon Firemen’s Association
Public Works, Water and Development Services Department
21. Authorization to enter into the First Amendment of the Memorandum of Understanding for the
purposes of the Municipal Separate Sewer Storm System National Pollutant Discharge System
Permit Requirements.
Recommendation:
(1) Find that the approval of the proposed First Amendment to the Memorandum of Understanding
(MOU) is exempt under the California Environmental Quality Act (“CEQA”) in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect
on the environment; and
(2) Authorize the City Administrator to execute the First Amendment to the MOU, in substantially
the same form as submitted with the staff report, between the Los Angeles Gateway Regional
Water Management Joint Powers Authority (GWMA) and the Cities of Bell, Bell Gardens,
Commerce, Cudahy, Huntington Park, Maywood, Vernon and the Los Angeles County Flood
Control District (FCD), (hereinafter collectively referred to as the Watershed Permittees) for
administration and cost sharing to prepare and implement a Watershed Management Program
Special City Council Meeting Agenda
December 9, 2014
Page 7 of 9
(WMP) Plan and Coordinated Integrated Monitoring Program (CIMP) Plan as required by the
Regional Water Quality Control Board, Los Angeles Region (Regional Board), National
Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System
(MS4) Permit Order No. R4-2012-0175. The City of Vernon’s proportional share of costs of
implementing the WMP Plan and CIMP Plan and other related costs to be incurred in accordance
with the cost share formulas in Exhibit A2 of this First Amendment of the MOU for an annual
not-to-exceed amount of $100,000 per year per Watershed Permittee. The term of the First
Amendment to the MOU is through December 31, 2019.
22. CNS Engineers, Inc., Contract Amendment No. 6 for the Atlantic Blvd. Bridge Rehabil itation
and Widening Project, Contract No. CS-0099.
Recommendation:
(1) Find that the approval of the proposed amendment is within the Initial Study/Mitigated Negative
Declaration prepared for this project pursuant to the provisions under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15063.
(2) Approve Contract Amendment No. 6, in substantially the same form as submitted with the staff
report, for the Atlantic Blvd. Bridge Rehabilitation and Widening Project, Federal Project No.
DBPL02-5139(010), Contract No. CS-0099, authorizing CNS Engineers, Inc., to provide the
additional engineering design, right of way acquisition support and coordination services as
described below for the additional cost of $228,627.58, increasing the total contract cost to
$1,485,894.42, and authorize staff to proceed with the right of way acquisitions for the project.
23. Ratify the Issuance of a Notice Inviting Bids for Contract CS-0522 – to Furnish and install one
new 300KW Cummins Diesel Power Generator.
Recommendation:
(1) Find that the ratification of the issuance of a Notice Inviting Bids, as proposed is exempt under
the California Environmental Quality Act (“CEQA”) in accordance with Section 15302 (C),
because the proposed contract consists of the replacement or reconstruction of existing utility
systems and/or facilities involving negligible or no expansion of capacity; and
(2) Ratify the issuance of a Notice Inviting Bids for Contract CS-0522 to furnish and install one new
300KW Cummins Diesel Power Generator.
24. Approval of a Cooperative Agreement for the Metro Rapid Bus Station Implementation project
between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority
(“Metro Rapid Bus Shelter Funding Agreement”).
Recommendation:
(1) Find that the approval of the proposed Cooperative Agreement is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15301, Existing Facilities,
part (c), existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails and
similar facilities; and
(2) Authorize the City Administrator to execute the Cooperative Agreement for the Metro Rapid Bus
Station Implementation project between the City of Vernon and the Los Angeles County
Metropolitan Transportation Authority (the “Agreement”), in substantially the same form as
submitted with the staff report. The Agreement would authorize the Los Angeles County
Special City Council Meeting Agenda
December 9, 2014
Page 8 of 9
Metropolitan Transportation Authority to install Metro Rapid station amenities at ten (10) Metro
Rapid stop locations within the City's boundaries at no cost to the City.
25. Authorize the Mayor to Send a Letter to the Los Angeles Metropolitan Transportation Authority
Stating the City of Vernon’s Preferred Alignment for the West Santa Ana Branch Transit
Corridor Project.
Recommendation:
(1) Find that the mailing of a letter to the Los Angeles Metropolitan Transportation Authority
(Metro) regarding the City’s preferred alignment for the West Santa Ana Branch Transit
Corridor Project is exempt under the California Environmental Quality Act (“CEQA”) in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that
may have an effect on the environment. Additionally, an Environmental Impact Report will be
prepared by Metro prior to the commencement of construction of the project.
(2) Authorize the Mayor to execute a letter to the Los Angeles Metropolitan Transportation
Authority advising that the City Council has determined that the City of Vernon’s preferred
northern alignment for the West Santa Ana Branch Transit Corridor Project is along the Metro
Blue line corridor from Randolph Street to Washington Blvd., and that if an alignment is selected
through Vernon that it shall be fully grade separated.
DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF
26. Presentation by the Director of Public Works on proposed zoning amendments. It is
recommended that the presentation be received and filed and that City Council provide staff
with guidance on the proposed zoning amendments and on any further modifications to the
Zoning Ordinance that should be considered.
ORAL REPORTS
27. City Administrator Reports – brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
28. City Council Reports – brief report on activities, announcements, or directives to staff.
CLOSED SESSION
29. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION.
Government Code Section 54956.9(d)(1)
Dispute with LA County regarding Property Tax Administration Fees (PTAF)
Special City Council Meeting Agenda
December 9, 2014
Page 9 of 9
30. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Designated Representative: Teresa McAllister, Director of Human Resources
Unrepresented Employee: City Administrator
ADJOURNMENT
Special Agenda Authorized by the City Council of the City of Vernon
By: ________________________________________
W. Michael McCormick, Mayor
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe
Avenue, Vernon, California, and on the City’s website, not less than 24 hours prior to the meeting set forth on
this agenda. Dated this 1st day of December 2014.
By: ________________________________
Ana Barcia
Deputy City Clerk
CLAIM FOH DAMAGES
TO PERSON OR PROPERTY
lNSTRUCTIONS
Claims tor death, iniury to person or to personal property must be liled not latet
lhan 6 montB after tha occunence. (Gov. Coda Sec. 91 t.2)
Clalms ror damaqas lo a6al property and/or breach of contract must bo
filed.not.latsr than 1. year.after ths occurrence (Gov. Code Sec. 911.2)Read 6nUre clalm bs,ors lillng
S€a pags ? lot dlaglam upon whlch lo locate placa o, accldenl
Thls claim ,orm must be elgngd on page 2 at bottom.
Attach separaia sheelq l, nocassary lo glva full datailc SIGN EACH SHEEf.
Clalm must be llled with Clty Cl€tL (Gov. Code Sec.915a)
TO: CITY OF VERNON CITY COUNCIL
BESEBVE FOR FILING STAMP
1.
2.
CLAIM No--
RECEIVED
Nov 10 2014
CITY CLERKS OFIICE
3.
4.
5.
6.
7.
to whlch you notices or communicatlons'to be sent rggardlng thig clalm:
or INJURY occuA tull particularg daia, lime ol day-Il,1, -_+1/fl -L t",Sa S ljw:t:\^\k)%,4A4 w^^e ,q \\M!-v_
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givg slregl names and addres and meaguremenis ftom landmarks:
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what patlicularACT or OMISSI9N do you clalm caused th6lnjury or damags? e iva names of City ernptoyeis c-sing tE6ii]I[
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WhaiAMOUNTdoyou claim ol each itom ol inlury ordamags asoldataol prassntatlon o, this ctairl\ g[ving Uasla;G;;;;i;ii;;
a*nrfuL {v\lgltn uMq f;-h,ry,a,,|e €fnW
compulation:
AMOUNT astaras known you claim on item ol prospectlvo injury ordamage, givlng basl3ot
lnsuranc€ paymenls receiv€d, il any, and name ot lnsurancs Company:
Name and address ol Witnosses, Oociors and Hospitals:
REAO CAREFULLY
For all accidBnt claims place on ,ollowlng diagram names ot strEels, lncludlng Norlh, East, South, and Westi lndicate
placo ol accident by "X'and by showing house numbarg or digtances lo slroel cornerE
lf City Vehiclo was lnvolvsd dsslgnata by latter "A' location ol Glty vehlcla when you lirst saw it, and by "B' location ol
yoursell or your vohicle whan you llrsl saw Clty vehicle; locallon o, Cily vehicla at time ol accidsnt by "A-1" and location ol
youGall or your vehlcls at tha tlme ol accident by "8.1" and the polnt ol lmpact by "X."
NOfg ll dlagrams do not fit tho slluatlon, attach her€to a proper diagram slgnod by claimanl
AUTOMOBILE ACCIOENTS
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All claimanls mav bo ,equlred to ba examinod as to thelr clatm undsr oalh. eresentation oG l"Gilia-ii GffiCLAIMS MUST BE FILEO wtTH CtTy CLERK (cOV COOe SeC. Stsay
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4625 GAGE AVE, BELL, CA 90201
Phone: (323)771-3429
Preliminary Estimate
Workfile ID: 4a885b50
Federal ID: 33-0268756
State EPA: CA1000220053
BAR: AK2129802
{"d"fu{foo$- tf40rll,f}ad,rf BETLWOOD AUTO BODY
Customer: BERNAL, EDGAR
Insured: BERNAL, EDGAR Policy #:
Type of Loss:
Point of Impact:
Owner:
BERNAL, EDGAR
Written By: Daniel Jimenez
Date of Loss:
Inspection Location:
BELLWOOD AUIO BODY
4625 GAGE AVE
BELL, CA 90201
Repair Facility
(323) 7 7 L-3429 Busi ness
Claim #:
Days to Repair: 0
Insurance Company:
VEHICLE
'" '.-' :;',:ii;; Body Style: 4D SED VIN: ZC3KA53G77H74SOS7 Mileage In;
ivi!l(.(:: ci{RY Engine: 6-3.51-Ho License: Mileage out:
;',1.:ji(:,1. 300 UMITED Production Date: State: Vehicle Out:
'. r,,i,i.: Int: Condition: Job #:
Overdrive
POWER
Power Steering
Power Brakes
Power Windows
Power Locks
Power Mirrors
Heated Mirrors
Power Driver Seat
. DECOR
Dual Mirrors
. , r:. ::,:
i'-:---
tll5l20L4 9:10:19 AM
CONVENIENCE
Air Conditioning
Intermittent Wipers
Tilt Wheel
Cruise Control
Rear Defogger
Keyless Entry
Alarm
Message Center
Telescopic Wheel
Climate Control
Parking Sensors
Home Link
RADIO
AM Radio
FM Radio
Stereo
Search/Seek
CD Player
Passenger Air Bag
Anti-Lock Brakes (4)
4 Wheel Disc Brakes
SEATS
Bucket Seats
Leather Seats
WHEELS
Aluminum/Alloy Wheels
PAINT
Clear Coat Paint
Fog Lamps
Traction Control
Stability Control
Power Trunk/Gate Release
TRANSMISSION Body Side Moldings
Automatlc Transmission Console/Storage
Auxiliary Audio Connection OTHER
Satellite Radio
SAFETY
Power Adjustable Pedals steering wheel rouch controls Drivers side Air Bag
lLtt24 Page 1
Preliminary Estimate
Customer: BERNAL, EDGAR
Vehicle: 2007 CHRY 300 UMITED 4D SED 6-3.51-HO
Line Oper Labor ii:ntDescriptionPaft Number Extended
Price $
Atv
L # FULL UNDERCARRIGE DETAIL
2 FENDER
3 Repl LT Fender liner
4 Repl RT Fender liner
5 Repl LT Fender liner retainer
6 Repl RT Fender liner retainer
7 QUARTER PANEL
8 Repl LT Wheelhouse liner
9 Repl RT Wheelhouse liner
10 Repl LT Wheelhouse liner fastener
11 Repl RT Wheelhouse liner fastener
12 RADIATOR.SUPPORT
13 Repl Underbody shield w/o SRTS
5065503AD
5055502AD
6506132AA
6506132M
5065221AD
5065220AC
4860379AA
4860379AA
4806104AE
3s0.00 x
93,10
93.10
31.15
31.15
81.00
81.00
3s,60
3s.60
83.25
1
1
7
7
1
1
I
8
0.3
0.3
0.4
0.4
0.3
SUBTOTALS 914.95 L.7
ESTIMATE TOTALS
Category Basis Rate Cost $
Par.ts
Body Labor
Miscellaneous
1.7 hrs @ $ 50.00 /hr
564.9s
85.00
350.00
Subtotal 999.95
Sales Tax $ s64.9s @ 9.0000 o/o j{-'.95
Grand Total 1,05*,.*!i
Deductible . i]irf
CUSTOMER PAY
INSURANCE PAY 1iO5*,8f
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LLlSl?014 9:10:19 AM 0L1724
Preliminary Estimate
:j,;;:,tcmer: BERNAL EDGAR
Vehicle: 2007 CHRY 300 LIMITED 4D SED 6-3.51-HO
FOR YOUR PROTECTION CALIFORNIA IAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON
WHO KNOWINGLY PRESENTS FALSE OR FMUDULENT CI.AIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME
AND MAY BE SUBJECTTO FINES AND CONFINEMENT IN STATE PRISON.
THE FOLLOWING IS A UST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE
DONE OR PARTS TO BE REPAIRED OR REPI.ACED:
MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART, A=APPROXIMATE PRICE. I.ABOR TYPES: B=BODY
I-ABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GI-ASS, M=MECHANICAL, P=PAINT I-ABOR,
S=STRUCTURAL, T=TAXED MISCELI-ANEOUS, X=NON TAXED MISCELI-ANEOUS. PATHWAYS: ADJ=ADJACENT,
ALGN=AUGN, A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION,
D&R=DISCONNECT AND RECONNECT, EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPUED BY THE QUANTTry,
INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON-ADJ=NON
ADJACENT, O/H=OVERHAUL, OP=OPERATION, NO=UNE NUMBER, QTY=QUANTITY, RECOND=RECONDffiON,
REFN=REFINISH, REPL=REPI-ACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPI.ACE, RPR=REPAIR,
RT;:RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, IO=WITHOUT, W_=WITH/_ SYMBOLS: #=MANUAL UNE
Ii'I]'qY, *-OTHER IIE..MOTORS DATABASE INFORMATION WAS CHANGED], XX=DATABASE LINE WITH
,',.ir:i=ir:11'!RfET, N=NOTES ATTACHED TO UNE. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER
;:ijiiCirl;\r-LY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT.
Ltl5l20L4 9:10:19 AM 0rt724 Page 3
t!:
Preliminary Estimate
Customer: BERNAL, EDGAR
vehicle: 2007 CHRY 300 UMITED 4D SED 6-3.51-HO
Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otheMise noted all items are derived from the Guide
DR3NW05, CCC Data Date 1U312074, and the parts selected are OEM-parts manufactured by the vehicles Original
Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM
(Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM
vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount. 'l
OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships.
Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may hsva .
been modified or may have come from an alternate data source. 'l-ilde sign (-) items indicate MOTOR Not-IncludiC
Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be peformed as a separate ginrldq;'t:
from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are describe.d.tr'.i]ol
OEM or A/M. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recon.j.
Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by Nationai Auto
Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labrr
op€ration times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries.
Some 2015 vehicles contain minor changes from the previous year, For those vehicles, prior to receiving updated
data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE
estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local
dealership.
The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to
be repaired or replaced:
SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.
x=Miscellaneous Non-Taxed charge category.
SYMBOLS FOLLOWING LABOR:
D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor ctegory.
M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor Categori*s.
OTHER SYMBOLS AND ABBREVIATIONS:
Adj.=461u..n..Algn.=Align.ALU=Aluminum'A/M=Aftermarketpart.Blnd=Blend.BoR=Boronsteel'
CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel.
HYD=Hydroformed Steel. Incl.=hcluded. LKQ=Like Kind and Quality. LT=1eft. MAG=Magnesium. Non-iCj.=i'r.)n
Adjacent. NSF=NSF International Certified Part. O/H=Overhaul. q1y=QuantiV. Refn=Refinish. Repl=Re.l':{e.
R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel.
Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.
CCC ONE Estimating - A product of CCC Information Services Inc.
The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR
CMSH ESTIMATING GUIDE:
BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway
Transportation and Safety Administration. PDR=Paintless Dent Repair. VlN=Vehicle Identification Number.
0t172411/5/2014 9:10:19 Al,4 Page 4
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, NOVEMBER 4, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano
MEMBERS ABSENT: Martinez
The meeting was called to order at 9:00 a.m. by Mayor McCormick; Mayor McCormick led the
flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. The public will also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
No one responded.
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 3-0.
Claims Against the City – Received and Filed
1. None.
Minutes – To be Received and Filed
2. Minutes of the Regular City Council Meeting held on October 21, 2014.
Warrant Registers
3. Approval of City Warrant Register No. 1411, totaling $1,562,120.48, which covers
the period of October 14, through October 27, 2014, and consists of the following:
a. Ratification of wire transfers totaling $1,118,862.06; and
b. Ratification of the issuance of early checks totaling $263,383.28; and
c. Authorization to issue pending checks totaling $179,875.14.
4. Approval of Light & Power Warrant Register No. 376, totaling $5,672,646.61,
which covers the period of October 14, through October 27, 2014, and consists of
the following:
a. Ratification of wire transfers totaling $5,555,711.09; and
b. Ratification of the issuance of early checks totaling $64,977.41; and
c. Authorization to issue pending checks totaling $51,958.11.
5. Approval of Gas Warrant Register No. 164, totaling $24,277.56, which covers the
period of October 14, through October 27, 2014, and consists of the following:
a. Ratification of issuance of early checks totaling $18,413.55; and
b. Authorization to issue pending checks totaling $5,864.01.
Regular City Council Meeting Minutes
November 4, 2014
Page 2 of 5
Fire Department
6. Activity Report for the period of October 1, through October 15, 2014, to be
received and filed.
Police Department
7. Activity Log and Statistical Summary of Arrests and Activities for the period of
October 1, through October 15, 2014, to be received and filed.
NEW BUSINESS
City Administration Department
8. Appointments to the Vacant Legislative and City Council Seats on the Vernon
CommUNITY Fund Grant Committee:
Recommendation:
(1) Find that the appointment of individuals to serve on the Vernon CommUNITY
Fund Grant Committee is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
(2) Appoint Lawrence Cooper to fill the vacant Legislative seat on the Vernon
CommUNITY Fund Grant Committee; and
(3) Appoint a current City Council member to fill the vacant City Council seat on the
Vernon CommUNITY Fund Grant Committee.
Mayor McCormick recommended the appointment of Lawrence Cooper to fill the vacant
Legislative seat and Mayor Pro-Tem Davis to fill the vacant City Council seat on the Vernon
CommUNITY Fund Grant Committee.
Independent Reform Monitor John Van de Kamp expressed the importance of Cooper being
knowledgeable in terms of input on the City. He also wanted to make sure Cooper was
committed to attending each meeting in person despite living in Sacramento.
It was moved by Maisano and seconded by Davis to approve the appointments. Motion carried,
3-0.
9. Appointments to the Inaugural Vernon Business and Industry Commission:
Recommendation:
(1) Find that the appointment of individuals to serve on the Vernon Business and
Industry Commission is exempt under the California Environmental Quality Act
(“CEQA”) in accordance with Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
(2) Appoint seven individuals to serve on the Vernon Business and Industry
Commission for terms commencing July 1, 2014. Pursuant to Section 2.174 of
the Vernon Municipal Code, Appointment of Members, the seven-member
Commission shall include: three individuals, each of whom represents the owner
or operator of a business located in Vernon; two individuals, each of whom has
knowledge of the Vernon real estate market; one individual who is employed by a
business located in Vernon or who is a member of a labor union that represents
the workers at a business located in Vernon; and one current member of the
Vernon City Council; and
(3) Designate three of the seven individuals to serve an initial term of two years,
ending June 30, 2016. The remaining four individuals shall serve a standard four-
year term, ending June 30, 2018. Pursuant to Section 2.175.1 of the Vernon
Municipal Code, Creation of Staggered Terms, the three members of the
Commission designated to serve an initial two-year term shall be one from each
of the following categories: one individual who represents the owner or operator
of a business located in Vernon; one individual who has knowledge of the Vernon
Regular City Council Meeting Minutes
November 4, 2014
Page 3 of 5
real estate market; and one current member of the Vernon City Council. The
remaining four members designated to serve a standard four-year term shall fill in
the remaining positions.
Deputy City Administrator Kristen Enomoto conducted the oral report on the recommendation.
The following table was utilized at the meeting to record the appointments and term designations
made by the City Council at said meeting:
Commission Member Name Appointment Category Term End Date
Robert Wendoll Business Representative June 30, 2016
Eric Gustafson Business Representative June 30, 2018
Douglas Pittman Business Representative June 30, 2018
John McMillan Real Estate Representative June 30, 2016
Brett Dedeaux Real Estate Representative June 30, 2018
Stan Stosel Employee/Labor Representative June 30, 2018
W. Michael McCormick City Council Representative June 30, 2016
It was moved by Davis and seconded by Maisano to approve the appointments. Motion carried,
3-0.
Gas and Electric Department
10. Approval of a Professional Services Agreement with Port Canaveral Power
Consultants Inc. for Energy Projects Consultant Services:
Recommendation:
(1) Find that awarding the agreement is exempt under the California Environmental
Quality Act (“CEQA”) in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment;
and; and
(2) Approve the Professional Services Agreement with Port Canaveral Power
Consultants, Inc. (“Port Canaveral”), in substantially the same form as attached to
the staff report, for the purpose of securing Energy Projects Consultant Services.
The proposed contract would include a grand total compensation amount “not-to-
exceed” $780,000 over the three year term of the agreement.
Director of Gas and Electric Carlos Fandino reported on the recommendation and requirements.
It was moved by Davis and seconded by Maisano to approve the agreement with Port Canaveral
Consultants Inc. Motion carried, 3-0.
Human Resources Department
11. Resolution No. 2014-68 - A Resolution of the City Council of the City of Vernon
Adopting the Citywide Fringe Benefits and Salary Resolution and Repealing All
Resolutions in Conflict Therewith.
Recommendation:
(1) Find that approval of the resolution proposed in this staff report is exempt under
the California Environmental Quality Act (“CEQA”) in accordance with Section
15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment; and
(2) Adopt the attached Citywide Fringe Benefits and Salary Resolution effective
November 4, 2014, to reflect provisions as outlined in the staff report.
Director of Human Resources Teresa McAllister reported on the details and fringe benefits that
will be affected and noted that the fiscal year impact will be $10,710 and is already included in
the fiscal year 2014-2015 budget.
Regular City Council Meeting Minutes
November 4, 2014
Page 4 of 5
Independent Reform Monitor John Van de Kamp inquired if the changes will have a potential
long term debt on payouts.
Finance Director William Fox explained that with the recommended changes, the City will not
make as many payouts and the City’s cash flow will be covered.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2014-68. Motion
carried, 3-0.
ORDINANCES
12. ORDINANCE NO. 1226 - An Ordinance of the City Council of the City of Vernon
amending Chapter 12 of the Vernon Municipal Code and repealing all ordinances
or parts of ordinances in conflict therewith. (second reading)
Recommendation:
(1) Find that approval, and subsequent adoption, of the proposed ordinance is exempt
under the California Environmental Quality Act (CEQA) in accordance with
CEQA Guidelines sections [a] 15061(b) (3), the general rule that CEQA only
applies to projects that may have an effect on the environment.
(2) Adopt the proposed Ordinance amending Chapter 12 of the Vernon Municipal
Code regarding Waste Management and Recycling.
Mayor McCormick announced proposed Ordinance No. 1226 by title.
Director of Health and Environmental Control Leonard Grossberg noted no changes to the
proposed ordinance since its introduction at the last City Council meeting and briefly reported on
the ordinance and non-exclusive franchise agreement.
It was moved by Davis and seconded by Maisano to adopt Ordinance No. 1226. A roll-call vote
was taken:
- Councilmember Maisano, yes
- Mayor Pro Tem Davis, yes
- Mayor McCormick, yes
Motion to adopt Ordinance No. 1226 carried, 3-0.
ORAL REPORTS
13. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
14. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on officers’ responses to recent incidents.
Police Captain Gillman reported that there were no reports of vandalism.
Fire Chief Michael Wilson announced the blood drive event for the Children’s Hospital of Los
Angeles on November 13, 2014, updated the Council on the firefighter recruitment, and advised
that there had been several false positive Ebola reports in Los Angeles County. Fire personnel
are undergoing Ebola exercises to be able to handle the situation countywide.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on the Storm Drain Project and also updated Council on the South Coast Air Quality
Management District “AQMD” hearing regarding the generator at City Hall which has been
found to be too close in proximity to the elementary school.
Director of Gas and Electric Carlos Fandino gave a PowerPoint presentation on the 66kV
Grounding Project and informed Council that the Black Start Testing Project has been completed
Regular City Council Meeting Minutes
November 4, 2014
Page 5 of 5
and that there are now procedures in place. He also provided an updated on the $6.5 million
penalty fine that may be imposed on the City, due to the City’s non-compliance with Bucket One
renewable portfolio standards for the first compliance period.
Finance Director William Fox thanked Human Resources Director, Teresa McAllister and the
Council for the City’s recent Halloween festivities. He then reported to the Council that the
annual audit has been completed and that the findings and statistics will be addressed at a future
meeting. He also informed the Council on the bond refunding and request for proposals process.
Director of Health and Environmental Control Leonard Grossberg advised that the City of
Vernon website has informative documents and updates on the Ebola virus.
Director of Human Resources Teresa McAllister thanked all department heads, employees and
Council for participating in the Halloween event. She announced that open enrollment
commenced on November 3, 2014, and that there were no changes to the plans. The tentative
date for the City’s holiday event is December 18, 2014.
Economic Development Manager/Successor Agency Staff Alex Kung advised that the November
Oversight Board of the Successor agency meeting is cancelled; the next meeting is scheduled for
December 4, 2014. He also gave a brief update on the recognized obligation payment schedule
“ROPS”.
City Administrator Mark Whitworth announced that the Vernon Quarterly publication is now
available and that there has been positive feedback on the City’s legal group. He also updated
the Council on the Jawbone trip scheduled for December 17, 2014, for City officials to learn
more about the area in Kern County that is being developed. He also updated Council on the
Exide meeting that was held on October 29, 2014, and the efforts Exide has made to meet Air
Quality Management District standards.
Independent Reform Monitor John Van de Kamp inquired how Vernon Gas & Electric plans to
handle potential litigation if the $6.5 million fine is imposed. In response, Vernon Gas &
Electric Director Carlos Fandino informed Van de Kamp and the Council that the bill is currently
being monitored and that it is not directly impacting the City. He also informed him that City
Attorney Hema Patel will be made aware of all future developments pertaining to this issue and
that the City has support from both Southern California Public Power Authority “SCPPA” and
the California Municipal Utilities Association “CMUA.”
With no further business, at 10:06 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD MONDAY, NOVEMBER 17, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Martinez
MEMBERS ABSENT: Maisano
The meeting was called to order at 7:00 a.m. by Mayor McCormick. Mayor McCormick
announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. No one responded.
REAL PROPERTY STUDY SESSION
Pursuant to California Government Code Section 54954(b)(2), the City of Vernon City
Council participated in a special meeting field trip to inspect real property which cannot be
conveniently brought within the boundaries of the City.
1. Field trip to Jawbone Canyon for the purpose of inspecting real property. No
action will be taken at any location. Members of the public wishing to accompany
the City Council on this tour were provided contact information and given an
opportunity to join the tour.
ITINERARY
(Please note, this is an approximation of the time,
the City did not provide transportation accommodations)
7:00 a.m. - City Hall, 4305 Santa Fe Avenue, Vernon CA 90058
9:30 a.m. - Jawbone Canyon Ranger Station
28111 Jawbone Canyon Road, Mojave, CA 93519
10:45 a.m. - NextEra Site
11:15 a.m. - Environmental Station
11:30 a.m. - Los Angeles Department of Water and Power Project Facilities
12:00 p.m. - Lunch Break
1:30 p.m. - Mojave Solar Farm
The City Council, staff, and two members of the public participated in the trip to Jawbone
Canyon.
With no further business, at 2:05 p.m., the meeting was adjourned.
________________________
W. Michael McCormick, Mayor
ATTEST:
_________________________
Ana Barcia, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY, NOVEMBER 18, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick; Mayor Pro-Tem Davis led
the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. The public will also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
No one responded.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
October 2014 Anniversary
Employee Name Job Title Years
1. Armando Hinojos Utilities Dispatcher 20
Director of Human Resources Teresa McAllister reported on the years of service. Mayor
McCormick presented Hinojos with the service pin.
2. Merit award to Vernon Police Officer Jose Ramos for his efforts in crime scene
investigations.
Police Chief Daniel Calleros reported on the incident and on Officer Ramos efforts to solve the
crime. Mayor McCormick presented Officer Ramos with a plaque in recognition of his efforts.
3. City of Vernon 1st Quarter 2014-2015 Financial Update by the Finance Director.
Director of Finance William Fox conducted the presentation on the first quarter financial results
for fiscal year 2014-2015 including the investments portfolio, PERS pension funding, and bond
funding.
In response to Independent Reform Monitor John Van de Kamp, Fox explained potential liability
concerning PERS pension funding.
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 4-0.
Claims Against the City – Received and Filed
4. None.
Regular City Council Meeting Minutes
November 18, 2014
Page 2 of 7
Warrant Registers
5. Approval of City Payroll Warrant Register No. 701, totaling $3,997,153.87, which
covers the period of October 1, through October 31, 2014, and consists of the
following:
a. Ratification of direct deposits, checks and taxes totaling $2,925,299.41; and
b. Checks and electronic fund transfers totaling $1,071,854.46.
6. Approval of City Warrant Register No. 1412, totaling $679,269.34, which covers
the period of October 28, through November 11, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $364,913.43; and
b. Ratification of the issuance of early checks totaling $185,107.12; and
c. Authorization to issue pending checks totaling $129,248.79.
7. Approval of Light & Power Warrant Register No. 377, totaling $3,155,256.53,
which covers the period of October 28, through November 11, 2014, and consists of
the following:
a. Ratification of wire transfers totaling $3,109,793.81; and
b. Ratification of the issuance of early checks totaling $286.18; and
c. Authorization to issue pending checks totaling $45,176.54.
8. Approval of Gas Warrant Register No. 165, totaling $2,199,316.07, which covers
the period of October 28, through November 11, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $2,199,211.07; and
b. Authorization to issue pending checks totaling $105.00.
Fire Department
9. Activity Report for the period of October 16, through October 31, 2014, to be
received and filed.
Health and Environmental Control Department
10. October 2014 Monthly Report, to be received and filed.
Police Department
11. Activity Log and Statistical Summary of Arrests and Activities for the period of
October 16, through October 31, 2014, to be received and filed.
Public Works, Water and Development Services Department
12. Building Department Report for the month of October 2014, to be received and
filed.
13. Acceptance of Work of All American Asphalt regarding Contract No. CS-0487 –
Labor and Equipment for Placement of Type II (REAS) Slurry Seal for the City
Rubberized Slurry Seal Phase III Project.
Recommendation:
(1) Find that this project and acceptance of the project work as proposed is
categorically exempt under the California Environmental Quality Act (“CEQA”)
in accordance with Section 15301, Existing Facilities, part (c), existing highways
and streets, because the project is merely to repair existing streets; and
Regular City Council Meeting Minutes
November 18, 2014
Page 3 of 7
(2) Accept the work of All American Asphalt, for the Labor and Equipment for
Placement of Type II (REAS) Slurry Seal Project, Contract No. CS-0487.
14. Acceptance of Work of Petrochem Manufacturing, Inc. regarding Contract No.
CS-0025 – Supply and Delivery of Slurry Material for the Citywide Rubberized
Slurry Seal, Phase III Project.
Recommendation:
(1) Find that this project and acceptance of the project work as proposed is
categorically exempt under the California Environmental Quality Act (“CEQA”)
in accordance with Section 15301, Existing Facilities, part (c), existing highways
and streets, because the project is merely to repair existing streets; and
(2) Accept the work of Petrochem Manufacturing, Inc., for the Supply and Delivery
of Slurry Material, in accordance with Contract No. CS-0025.
15. Acceptance of the Electrical Easement by Dedeaux Properties, LLC for property
located at 3305 Bandini Boulevard.
Recommendation:
(1) Find that the acceptance of the proposed Electrical Easement is categorically
exempt under the California Environmental Quality Act (“CEQA”) in accordance
with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
(2) Accept the Electrical Easement, and authorize the Mayor to execute said
document.
NEW BUSINESS
City Administration Department
16. Report on Docket I Grants Awarded by Vernon CommUNITY Fund Grant
Committee; to be received and filed pursuant to Section 2.167(e) of the Vernon
Municipal Code.
Deputy City Administrator Kristen Enomoto reported on the Vernon CommUNITY Fund Grant
Committee (“VCF”) meeting, and the approval and award of grant funds for applicants on
Docket I as recommended.
Enomoto noted that the report is a “receive and file” item, and that future reporting will be
captured in the Consent Calendar.
In response to Independent Reform Monitor John Van de Kamp, City Administrator Mark
Whitworth confirmed that sufficient funds have been allocated in the current budget for the
awarding of grants.
In further response to Van de Kamp’s inquiries on how the City is publicizing the awarding of
the grants, Whitworth explained that the City has a mechanism in place to allow for branding
opportunities.
It was moved by Martinez and seconded by Davis to receive and file the report. Motion carried,
4-0.
17. Approval of Vernon CommUNITY Fund Grant Agreement Template.
Recommendation:
(1) Find that approval of the proposed Vernon CommUNITY Fund Grant Agreement
template is exempt under the California Environmental Quality Act (“CEQA”) in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
(2) Approve the proposed Vernon CommUNITY Fund Grant Agreement template to
be used for all grants awarded by the Vernon CommUNITY Fund Grant
Regular City Council Meeting Minutes
November 18, 2014
Page 4 of 7
Committee and authorize the City Administrator, or his designee, to complete
and/or modify the agreement consistent with the direction of the Grant
Committee, and to execute each agreement.
Deputy City Administrator Kristen Enomoto reported on the Vernon CommUNITY Fund Grant
Agreement template. Enomoto noted that the agreement provides the City with the opportunity
to specify branding on a case by case basis.
Additionally, in response to Independent Reform Monitor John Van de Kamp’s concerns at the
previous meeting concerning Committee Member Lawrence Cooper, Enomoto advised that a
response from the Senator’s Office had been received addressing these concerns.
18. Agreement with Fred MacFarlane for Strategic Consulting Services and to Serve
as Senior Advisor to the City Administrator.
Recommendation:
(1) Find that approval of the proposed agreement is exempt from the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Authorize the City Administrator to enter into a new consulting services
agreement with Fred MacFarlane, in substantially the same form as submitted
with the staff report, for a term of three years, December 1, 2014 through
November 30, 2017, at a total not to exceed cost of $480,000 and not to exceed
$160,000 per year, for strategic consulting services and to serve as Senior Advisor
to the City Administrator. Competitive bidding is not required for this
professional services contract pursuant to Section 2.17.12(A)(10) of the Vernon
Municipal Code. It is requested that the City Council grant an exemption from
the competitive selection process, pursuant to Section 2.17.12(B)(2) of the
Vernon Municipal Code, based upon a determination that the best interests of the
City are served by a direct award of the contract without a competitive selection
process, for the reasons set forth in the staff report.
City Administrator Mark Whitworth conducted the oral report on the recommendation. He noted
that there is no change in fees from the previous agreement.
It was moved by Maisano and seconded by Davis to approve the agreement with Fred
MacFarlane for Strategic Consulting Services and to serve as Senior Advisor to the City
Administrator. Motion carried, 4-0.
19. Approval of the 1st Amendment to the Purchase and Sales Agreement for property
located at 5119, 5201 and 5241 District Blvd and 4601 East 52nd Drive
(Thermador).
Recommendation:
(1) Find that approval of the proposed 1st amendment is exempt from the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Approve the 1st Amendment to the Purchase and Sales Agreement for the
property located at 5119, 5201 and 5241 District Blvd and 4601 East 52nd Drive,
in substantially the same form as submitted with the staff report.
Economic Development Manager Alex Kung reported on the slight modification to the original
Purchase and Sale Agreement. He also provided an update on the remediation efforts.
It was moved by Davis and seconded by Martinez to approve the 1st Amendment to the Purchase
and Sales Agreement for the property located at 5119, 5201 and 5241 District Blvd and 4601
East 52nd Drive (Thermador). Motion carried, 4-0.
Regular City Council Meeting Minutes
November 18, 2014
Page 5 of 7
City Clerk Department
20. Approval of items regarding the holding of a General Municipal Election on April
14, 2015:
Resolution No. 2014-69 - A Resolution of the City Council of the City of Vernon,
California, calling and giving notice of an all-mail ballot general municipal election
to be held on Tuesday, April 14, 2015, for the election of a certain officer as
required by the provisions of the charter of the City of Vernon.
Resolution No. 2014-70 - A Resolution of the City Council of the City of Vernon,
California, requesting the board of supervisors of the County of Los Angeles to
render specified services to the City relating to the conduct of a general municipal
election to be held on Tuesday, April 14, 2015.
Recommendation:
(1) Find that approval of the Resolutions is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment, as the proposed is administrative in nature; and
(2) Approve the Resolution calling and giving notice for a General Municipal
Election to be held on Tuesday, April 14, 2015 for the Election of one (1) City
Councilmember for the full term of five (5) years; and
(3) Approve the Resolution requesting the Board of Supervisors of the County of Los
Angeles to render specified services to the City relating to the conduct of the
General Municipal Election to be held on Tuesday, April 14, 2015.
Deputy City Clerk Ana Barcia provided the oral report on the two proposed resolutions.
It was moved by Maisano and seconded by Martinez to approve Resolution No. 2014-69 and
Resolution No. 2014-70. Motion carried, 4-0.
Fire Department
21. Resolution No. 2014-71 - A Resolution of the City Council of the City of Vernon
approving the City’s participation in the 2013 State Homeland Security Grant
Program by the Vernon Fire Department, approving and authorizing the
execution of a subrecipient agreement by and between the City of Vernon and the
County of Los Angeles and authorizing the execution of documents necessary to
obtain said grant.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California
Environmental Quality Act (“CEQA”) in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Adopt a resolution approving and authorizing the execution of an Agreement
between the County of Los Angeles and the City of Vernon in connection with the
Fiscal Year 2013 State Homeland Security Grant Program. The County of Los
Angeles has approved and awarded 2013 State Homeland Security Grant Program
funds in the amount of $220,438 to the City of Vernon Fire Department.
Fire Chief Michael Wilson provided the oral report on the proposed participation in the grant
program.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2014-71. Motion
carried, 4-0.
/ / /
/ / /
Regular City Council Meeting Minutes
November 18, 2014
Page 6 of 7
ORAL REPORTS
22. City Administrator Reports – brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
23. City Council Reports – brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on officers’ responses to recent incidents. He also
reported on the Mobile Field Force Team and Fire personnel participation in a large active
shooter exercise.
Police Captain Gillman reported on vandalism.
Fire Chief Michael Wilson reported on a successful blood drive event for the Children’s Hospital
of Los Angeles on November 13, 2014. Wilson reported on Fire personnel training and
responses to recent incidents.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on various capital improvement projects. He advised that a presentation on potential changes to
the zoning ordinance would be presented at the next City Council meeting.
Director of Gas and Electric Carlos Fandino reported on two car hit pole incidents.
Finance Director William Fox reported full occupancy for City owned housing units, all of
which are current on rent. A fraud financial hot line will soon be implemented. Fox also
reported on bond refunding efforts and the City’s upcoming rating review.
Director of Health and Environmental Control Leonard Grossberg noted the Thanksgiving tips
on the Department’s monthly report. Grossberg reported on the Department of Toxic Substances
Control’s recent notice on Exide Technologies.
Director of Human Resources Teresa McAllister reported on recent activities in the Department.
McAllister announced the closing of the open enrollment for employee health benefits on
December 1, 2014.
Economic Development Manager/Successor Agency Staff Alex Kung reported on the filming
that is to occur in and around City Hall commencing November 21, 2014.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
reported on the trip to Jawbone Canyon.
City Administrator Mark Whitworth announced that the Vernon Business and Industry
Commission will hold its first meeting on December 15, 2014, at 9:00 a.m. Whitworth also
reported on the City’s presence at the Eddy Awards, and on the City’s recognition as a finalist
for the Most Business Friendly City with a population under 65,000 award. Whitworth advised
that on December 1, 2014, Hilda Solis will be sworn-in to the Los Angeles County Board of
Supervisors; Vernon has a good working relationship with Solis.
Whitworth announced that two Councilmembers will not be able to attend the December 2nd
meeting. This meeting will be cancelled, staff will check availability for an alternate meeting
date.
At 10:25 a.m. Mayor McCormick declared a recess of the City Council meeting. At 10:35 a.m.
the Council reconvened.
/ / /
/ / /
/ / /
Regular City Council Meeting Minutes
November 18, 2014
Page 7 of 7
CLOSED SESSION
With no public comment on the closed session items, at 10:35 a.m., it was moved by Maisano
and seconded by Davis to enter into closed session to discuss the agendized items.
24. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
25. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: City Administrator
26. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Title: Interim City Administrator
At 10:49 a.m., it was moved by Martinez and seconded by Maisano to exit closed session. City
Attorney Hema Patel announced that there is no reportable action.
With no further business, at 10:49 a.m., Mayor McCormick adjourned the meeting.
________________________
W. Michael McCormick
Mayor
ATTEST:
_________________________
Ana Barcia
Deputy City Clerk
REGEIVED
Nov 2 6 20i4
CITY ADMINISIRATIONREGE[\.f E,D
DEC 0 1 zo14
CW CLERKS OFFICE
STAFF REPORT
FI NANC E/TREAS U RY D E PARTM E NT
DATE:
TO:
FROM:
RE:
November 26,2014
Honorable Mayor and City Council
William Fox, Finance Direc fo, d*
City Warrant Register for City Council Agenda of December 9,2014
It is recommended thatthe attached CityWarrant Register No. 1413 be approved atthe City Council meeting of
December 9,2014.
City Warrant Register No. 1413 totals $1,686,895.44, and covers claims and demands presented during the
period of November 11 through November 24,2014, drawn, or to be drawn, from East West Bank.
The following list details the components of City Warrant Register No. 1413:
1 . Ratification of wire transfers totaling $1,122,076.87;
2. Ratification of the issuance of early checks totaling $431,753.70; and
3. Authorization to issue pending checks totaling $133,064.87.
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9,2014
I hereby certify that claims and/or demands included in above listed warrant
register have been audited for accuracy and availability of funds for
payments and that said claims and/or demands are accurate and that the
funds are available for payments thereof.
This is to certify that the claims or demands covered by the above listed
warrants have been audited by the City Council of the City of Vernon and
that all of said warrants are approved for payments except Warrant
Numbers:
William Fox
Finance Director
Date:
P tinled: 11 1261201 4 11 :31 :24AM Page 2 ol 28
CITY OF VERNON
WARMNT REGISTER NO. 1413
DECEMBER 9, 2014
WIRES
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
DATE WIRE
ISSUED NUMBER AMOUNT
CENTRAL BASIN I\4WD
WATER REPLENISHMENT
DISTRICT
ANTHEM BLUE CROSS
AETNA HEALTH OF CALIFORNIA
020.1084.500130
020.1085.500130
020.1084.500110
011.1026 502031
011.1026.502031
o11 210221
011.1026.502031
011.1026.502031
o1't.210220
o11.210240
o11.210240
o11.210240
011.1004.502020
0'11.100013
011.100013
172,623.79
16,899.64
150,452.52
610.7 4
38,029.29
240,A17 .99
7,058 60
2,637.00
't7 ,554 92
346,550 01
233.43
1,684.12
-o.22
516.91
309.19
VERSEPl4
VERSEPl4
083114
1463337A
412447C
4599168
30943469
30944601
B'en177528
Ben177524
8en177524
Ben177 524
Ben'177 524
8en177530
Ben177530
111',tot2014
1',v'tol20't4
1073
1073
189,523.43
107 4
150,452.52
1075
1075
'to75
279,458.O2
1076
1076
9,695.60
1077
17,554.92
'1078
1078
't078
'1078
348,467.U
1079
1079
Capacity Charge
Capacity Charge
Groundwater Production
Coverage Pe(iod: 11 l'l 4
Coverage Petiod:'11114
Coverage Period: 1'1114
Coverage Period: 11/14
Coverage P etiod:'l'l 11 4
Deferred Compensation: Payment
PERS Contributions: Payment
PERS Survivor's Benefit: Payment
PERS Buy-back; Payment
PERS Contributions: Adjustment
FSA - Dependent; Payment
FSA - Medical: Payment
11113t2014
't1 t13120't4
11t13t2014
ICMA RETIREMENT TRUST 457
CALPERS
CIry OF VERNON, FSAACCOUNT
Pnnld 1112612O1a 11 31 24AM
11t17t2014
Page 3 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
WIRES
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION rNvotcE P.O.#
DATE wlRE
ISSUED NUMBER AMOUNT
STATE DISBURSEMENT UNIT
EAST WEST BANK
Child Support: Payment
Supplies
Supplies
Supplies
Supplies
Supplies
Supplies
Subscription
Supplies
Services
Supplies
Subscription
Taxis & Parking
Lodging
Subscription
Registration: Staff
Supplies
Lodging: Staff & Tenants
Lodging: Staff & Tenants
Supplies
o11 210260
011 .1033.520000
011.1033.520000
01't 1041.596700
01't.'1M3.596600
011 .'t 046.520000
011.9019.520010
011 .9019.560010
011 1031.520000
011.1031 570000
011 .1033.520000
01't.'1033.560000
01'1.'1033.596500
011 .'1060.596500
011 .'1060.596600
011 1060.596700
01'1 1061.520000
011 1025.596500
0'11 .'l 048.590000
011.1026.596500
3,939.06
560.36
40.o7
75.00
82.38
101.84
762.48
493.56
't67 .40
143 '18
153 97
&.98
9.00
586.47
89 00
476.00
1U.O7
393.90
4,040.00
93.00
Ben177 532
102114(B\
102114(Bt
102114(C)
102114(C)
102114(C)
102114(D)
1O2114(D)
102114(E\
102114(E)
102114(F)
102114(G\
102114(G)
102114(H\
102114(H)
102114(H)
102114(H)
102114(t\
102114(t',)
102114(J)
11tl3t2014
11t17 t2014
826.10
1080
3,939.06
108'l
1081
1081
1081
'108'r
1081
1081
1081
108'r
1081
1081
1081
1081
1081
1081
1081
1081
1081
1081
Ptinled: 11126120'14 1l 31.244M Page 4 of 28
CITY OF VERNON
WARMNT REGISTER NO. 1413
DECEMBER 9, 2OI4
WIRES
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
DATE wlRE
ISSUED NUMBER AMOUNT
EAST WEST BANK
NIELSEN, MERKSAMER,
PARRINELLO
MAYER BROWN LLP
011 1026.596500
01'l.1031.520000
011.1031.520000
01'l 1031.520010
011 .1031 .570000
011.103'1.570000
011.'103'l 596500
011.1031 596700
011.1031 596700
0'11 .1026.550000
011 1026.596200
011 .1026.596700
011.1026.596900
011.'1026.596700
011.'1048.590000
0'11 .1048.590000
011.1002.596200
011 .1002.596200
'18.00
21.26
134.89
84.82
347 .91
'140.00
833.56
540.00
-445.00
250.00
325.56
68.13
66.94
27.96
'1'17.69
-10.00
Taxis & Parking
Services
Supplies
Supplies
Service
Services
Lodging
Registration; Staff
Service ReIund
Job Ad
Supplies
Luncheon/Ieamsters
Supplies
Supplies
Equipment Rental
Refund - Equipment Rental
'toz't't4(J\
'to2114(K)
1O2',t14(K\
102114(K)
102114(K)
1O2114(K:)
1O2114(K:)
102114(K\
102114(K)
'102114(Lt
102114(L:)
102',t't4(L\
102114(L)
102114(M)
102114(N)
102114(N)
110114
3/87 4116
11117 t2014
11120t2014
11t2012014
'1081
1081
1081
1081
'1081
1081
1081
1081
1081
1081
'1081
1081
1081
1081
1081
1081
10,988.38
1082
3,693.50
1083
3,025.00
3,693.50 Professional Services
3,025.00 Professional Services
Prnled'. 1112612014 11 3l:24A.M Page 5 ol 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
ACCOUNT
VENDOR DISPLAY NUMBER AMOUNT OESCRIPTION
WEBER WATER RESOURCES CA, 020.'1084.900000 104,453.00 Well No. 16 Production
LLC
DATE WIREINVOICE P.O.# ISSUED NUMBER AMOUNT
1851N 1084
11120t2014 104,453.00
TOTAL WRES $ 1,122,076.87
Ptinled: 1112612014 11 31:244M Page 6 ol28
WIRES
CITY OF VERNON
WARRANT REGISTER NO, 1413
DECEMBER 9, 2014
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P,O.# ISSUED NUMBER AMOUNT
CALIFORNIA WATER SERVICE CO. 011.1033.560000 108.08 Service Petiod: Ogl24 - 't0122
CRT LABORATORIES, lNC. 011.1048.590000 1,767.23 Copper tubing chem test
FEDEX 011.1025.520000 22.66 Service Period: '10/14
FRANCHISE TAX BOARD 011.210260 180.00 Garnishment: Paymenl
102314
208251
282376942(8)
Ben17752O
Ben1775'14
11t1312014
1111312014
11113t2014
11113t2014
111't3t2014
't1t13120't4
11113t2014
345794
'108.08
3/.5795
1,767.23
345796
22.66
3/.5797
180.00
345798
2,634.96
345799
584.48
345800
230.00
34580'l
345801
102.57
345802
3,200.00
345803
IBEW LOCAL 47
JEFF WIGHTMAN
JOHN KRISTE
O11.21O25O 2,634.96 IBEW Dues: Payment
01'l.'1048.530015 584.48 Reimb. Possesory Tax lnterest- 110614
01'1.1048.590000 230.00 Meals & out of pocket expenses during 1106'14
L.B. JOHNSON HARDWARE CO. #1 011.1046.520000 9.61 Plumbing and building hardware- 100214VRS 011.0009958
0'1'1.1049 520000 92.96 Plumbing and building hardware- 100214VRS 011.0009958
LAEDC 011 '1002 550000 3,200.00 Sponsorship 13th annual eddy awards 5'1438079
111',t3t2014
11t1312014
METLIFE - GROUP BENEFITS o11.2'10222 26,077.2O Dental Premiums- 11114
Ptinled: 11 1261201 4'11 t31 :24ff\ll
101514
Page 7 of 28
CITY OF VERNON
WARMNT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
METLIFE - GROUP BENEFITS 011.1031.502030 4,606.47 Dental Premiums - 11114
NAPA AUTO PARTS 011 1046.520000 1.851.27 Auto Parts-
PIC ENVIRONMENTAL SERVICE 011.1023 900000 24,575.OO OU2 lndustrial Parcels
CORP
SANDRA D. BINGMAN 01'l 210260 2,000.00 Garnishment: Payment
SOUTHERN CALIFORNIA EDISON 011.1043.560000 37.37 Service Period: 09/29 - 10/29
STAPLES ADVANTAGE 020.1084.520000 30 99 Office Supplies-
020.'1084.520000 2.78 Sales Tax
0'11.1040.520000 23.73OfflceSupplies-
011.1M0.520000 2.14 Sales Tax
01'l.'1041.520000 .53 Ofiice Supplies-
011.1041.520000 5.81 Sales Tax
011.1043.520000 55 19 Ofiice Supplies-
011.1043.520000 4.97 Sales Tax
DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT
101 514
100114VRS 011.0010024
't5201
Ben177516
103014(B)
324U78336 011.0010169
3246478336
324U78336 011.0010169
324U78336
3246478336 011.0010169
324U78336
3246478336 011.0010169
324U78336
345803
30,683.67
345804
't,851.27
345805
24,575 00
345806
2,000.00
345807
37.37
345808
345808
345808
345808
345808
345808
345808
345808
1't t13t2014
11t13t2014
11113120',14
11t13t2014
11t13nOM
STEVEN FROBERG
P,]-nled 1112612014 11:31:24A, 1
190.'14
011.10,48 590000 230.00 Meals & out of pocket expenses during 'l'106'14
't111312014
345809
Page 6 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
TEA|\iISTERS LOCAL 9'l'l 011.210250 2,265.00 Teamsters Local 911 Dues: Payment Ben177510
VERNON FIREIVIEN'S
ASSOCIATION
11113t2014
11t13t2014
't1t13120'14
11t13t2014
111',t8t2014
230 00
345810
2,265.OO
345811
3,2'15.00
3/'5812
1,887.60
345813
1,885.64
345814
345814
143.63
34581 5
345815
3458't5
.1,760.36
345816
13,000.00
u5817
ASSOCTATTON VERNON POLICE 011.210250 1,887.60 Police Association Member Dues: 8en177512
oFFt Payment
O11 210250 3,215 00 Fire House Fund: Payment Benl 77518
103114VRS 011.0009955
1'l1214VRS
111214VRS(B)
BATTERY SYSTEMS INC 011.1046.520000 1,885.64 Vehicle batteries-
BRUCE V MALKENHORST, SR. 011.1026.502031 45.00 Medical Reimbursement
011.1026.502031 9S.63MedicalReimbursement
11118t2014
D & R OFFTCE WORKS, lNC. 011.1004.520000 1,540 00 Offlce Chairs, Black Accents & Base, 949821N 011.0010103
FRED MACFARLANE
011.1004.520000 75.00 Freight
011.1004 520000 145.36 Sales Tax
011.1002.596200 13,000.00 SirategicCommunications
JEMMOTT ROLLINS GROUP, lNC. 01'1.1021.596200 '10,000.00 Professional Services
P nnled 1 1 1261201 4 11'.31 :24A.M
949821N 011.0010'103
94982rN
103114
103114
't1t18t2014
fihal20't4
Page 9 ol28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
VENDOR OISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
JOHN KRISTE 011.1048 590000 230.00 Meals out of pockel expenses while 11'1714
LEVEL3 COMMUNICATIONS, LLC 057.1057.500173 '1,614 46 Fiber Optic lnternet Access Contracl 37529749 057.0000051
MINUTECLINIC OIAGNOSTIC 011.'1026.502031 6.24 Medical Expense 100914
282UO355',!
100314
1028',t4
3245993244 011 0010',160
32459932M
3246478333 01',l.0010170
324U78333
10,000.00
345818
230.00
345819
1 ,614.46
345820
6.24
3/.5821
2.44
3/.5822
9.43
345823
44.69
3/5824
3r'5824
u5824
3/.5824
778.12
345825
11t',t812014
fina12014
11118f2014
111',!8t2014
1111812014
11t',t8t20't4
11118f2014
OUEST DIAGNOSTICS 011.1026.50203'1 2.44 Medical Expenses
RADIN CARDIOVASCULAR 011.1026.502031 9.43 Medical Expense
MEDICAL
MFAEL CONTRERAS
STAPLES ADVANTAGE
0'11.1043.596500 44.69CALBOTraining
011.1031.520000 584.97 OfliceSupplies-
011.1031.520000 52.65 Sales Tax
O11.1024.52OOO0 128.90OfficeSupplies-
o'111024 52OOoo 11.60 Sales Tax
STEVEN FROBERG
P tinled: I 1 1261201 4 11 :31 :24A.M
011.1048.590000 230.00 Meals oul of pockei expenses while 111714
1111812014
Page 10 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
DATE CHECK
ISSUED NUMBER AMOUNT
SURINDER SAINI, M.D.
VERNON CHAMBER OF
COMMERCE
ADVANCED ELECTRONICS, INC,
AIRTEK HVAC/DUCT CLEANING
AMA SERVICES, INC.
AT&T
Medical Expense
Economic Forecast Luncheon
Motorola IMPRESS battery NNTN6034
Freight
Sales Tax
Residential Duct Cleaning
Maintenance & Services
Service Period: 09/'14
Service Period: 09/14
Service Period: 09/14
Service Period: 09/14
Service Period: 09/'14
Service Period: 09/14
Service Period: 09/14
Service Period: 09/14
11t1412014
11t14120',t4
11t18t2014
011.00'10119
0'11.0010119
11t20120't4
'11t20t2014
1't t2012014
230.00
345826
9.43
3/.5827
2,500.00
345828
345828
345828
5,540.66
345829
1 ,400.00
345830
874.OO
345831
345831
345831
5831
345831
345831
345831
345831
011 1026.50203'1
011.1002.550000
011.1036.850000
01'1.1036.850000
011.1036 850000
011 .1048.590000
011 '1048.590000
011.90'19.560010
011 9019.560010
011.9019.560010
01'1 .9019.560010
01'1.9019.560010
011 9019.560010
011 .9019.560010
011.9019 560010
9.43
2,500.00
5,074.00
10 00
456.66
1,400.00
874.00
30.45
'1,151.56
95.77
1,688.34
993 72
373.16
52.50
3,774.44
093014
6937
1437831N
143783tN
143783tN
7492
110414VRS
101014VRS
101014VRS
1010'l4vRs
101014VRS
1010'l4vRS
'101014VRS
101014VRS
101014VRS
Ptinled: 1112612014 1l 31 24AM Page 11 ol2A
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT OATE CHECK
VENOOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
AT&T
AT&T
AT&T
AT&T MOBILITY
BROADBAND LLC
CLEAN HARBORS
ENVIRONMENTAL
DAVID LeDUFF
Printed: 11/2612014 11 31 r24AM
011.9019.560010 453.66 Service Period; 10/19- 11/18
011.9019.560010 201.53 Service Period: 09/20 - 10/19
011.9019.560010 152.00 ServicePeriod;09/19-'10/18
011.9019.560010 204.51 ServicePeriod:09/09-'10/08
057.'1057.500173 3,764.29 lnternet Access Services -
2160080049
102014
3675425207
83217 80X10162
014
rN1215201420037 057.0000034
44
102314(B)
11120t2014
1112012014
't't t20t2014
't1t2012014
11t20t2014
11t20120',t4
11120t2014
11120t2014
11t2012014
345432
345833
345834
345835
345836
345837
345838
345839
8,159.94
453.66
201.53
152.00
204.51
3,764.29
93.22
853.52
10,460.36
CALIFORNIA WATER SERVICE CO. 011.1043.560000 93.22 Service Petiod. Ogl24 - 10122
CAMTNO REAL CHEVROLET O11 1046.520000 853.52 Auto parts for cars and trucks.- 100214VRS 011 0009914
011.1048.590000 10,460.36 Clean and remediate water/mold damage 1000588356 011 0010045
011.1060.596500 20.16 Target Specialty Products Seminar 111314 345840
Page 12 ol28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9,2014
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
DAVID LeDUFF 01'1.1060 596500 18.00 LA County Board of Supervisor Meeting 111314(B)
GOVERNMENTJOBS.COM,INC., 011.1026.550000 175.00JobPosting 713623
KEITH WHITWORTH 011.1048.5300'15 158.45 Reimb/Possessory lnterest Tax- 111914
LOS ANGELES METROPOLITAN 011.199999 45,000.00 Bond for Court Case #VAl37629 - 111914
Lejano,
MANAGEMENT ACTION 011 4031.596600 3,10000 Management Action Programs W747574
PROGRAMS,
MASAMI HIGA 011.1004.596550 110.00 CSMFO Membership & Asset Book 1'l'1314
011.1004.596600 43.63 CSMFO Membership & Asset Book 111314
11t2012014
11i20r20fl
11120120't4
1'|20t2014
11120t2014
't1t20t2014
345840
38.'t6
345841
175.00
3/,5842
158.45
345843
45,000.00
u5844
3,'100.00
345845
345845
153.63
345846
345846
345846
345846
42 00
u5847
IVIAYWOOD CAR WASH 020 1084.570000 14.00 Car Wash Service-
011.1041.570000 7.00 Car Wash Service-
011.1043.570000 '14.00 Car Wash Service-
011.1043.570000 7.00 Car Wash Service-
MAYWOOD MUTUAL WATER CO. 011 '1033.560000 157.50 Service Period: 10/14
NO. 3
Prinled 1126/2014 11:31 :24AM
539
539
540(B)
110114
011.0009947
0'11.0009947
011.0009947
011.0009947
11t2012014
Page 13 of 2E
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
NELSON MACIAS 011.1048.530015 824.27 Reimb/Possessory lnteresl Tax- 111914
REED & DAVIDSON, LLP 011.'1002.596200 48.73 Professional Services
SOUTHERNCALIFORNIAEDISON 011.1042.560000 237.26 SeNicePeriod:10114
THE GALLERY CoLLECTION 011.1026.596700 554.08 Holiday Cards
33508
1',t06'14
144E4174
111014VRS
111014VRS
'l'l1014vRS
2
9333',t2434
93331243/.
933312444
933312444
933312444
11t2012014
11t2012014
11DOt2014
11120t2014
11t2012014
11120t2014
11t20120't4
157 50
345848
824.27
345849
48.73
345850
237 26
345851
554 08
345852
345852
345852
'1,304 49
345853
17,329 00
345854
345854
345854
345854
345854
THE GAS COtvIPANY
TRI SPAN, INC,
UPS
011.1033.560000 384.39 Service Period: '10/09 - 11/06
011.1048.560000 23.08 Service Period: 10/09 -'11106
011.'1049 560000 897.02 Service Period: 10/09 - 11106
011.1048.590000 17,329.00 Maintenance&Repairs
011.1033.520000 12.24 Service Period: 10/14
01'1.1041.520000 56.42 ServicePeriod:10/14
020.1084 520000 7.44 Service Period: 10/14
011.1033 520000 2'1.89 Service Period: 10/14
011.1041 520000 50.08 Service Period: '10/14
P nnled 11 1261201 4 11 :31 :24AM Page 14 ol28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
GOVERNI\iIENTJOBS.COM, lNC, 011 1026.550000 175.00 Job Posting
WEX BANK
AFLAC
RICHARD [iAISANO
STEVEN FROBERG
11120t2014
11120t2014
11t25t2014
11t2512014
11125t2014
1',v25t2014
11D5t2014
ua.o7
345855
35.00
345856
5,811.97
345857
175.00
345858
200.00
345859
273.O0
345860
322.OO
345861
345861
345862
510.67
345863
322.00
01'1.'1031.570000 35.00FuelCharges
o1'l.2'10223 5,811.97 Supplemental lns - 09/'14
011 1026.594200 200.00 Administrative Fees
0'1'1.'1026.550000 273.00JobPosting
38648838
8205
713637
125725
1424M3
IGOE & COMPANY INC,
JOBS AVAILABLE INC.
JOHN KRISTE
RAMONA INC.
011.1048.590000 322.00 Meals & Out of pocket expenses while 1124'14
020.1084.900000 88,'131.82 55th Storm Drain lmprovements 1
011.1043.900000 109,005.06 55th Slorm Drain lmprovemenls 1
011.1048.530015 510.67 Reimb. Possessory lnteresl Tax- 1124'14
011.1048.590000 322.00 Meals & Out of pocket expenses while 'l'12414
11125120',t4 197.'136.88
11t25t2014
't't 12512014
Pnnted: 11/26/201411 31 24AM Page '15 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
VENOOR OISPLAY
ACCOUNTNUMBER AMOUNT OESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUEO NUMBER AMOUNT
TERESA I\4CALLISTER 011.1026.596900 69.88 Employee Service Awards Supplies 'l'124'14
U.S. HEALTHWORKS MEDICAL 011.1026.597000 3,988.00 HazMat Physicals
GROUP
011 1026.597000 3,714.OO HazMauPre-Employment Physical 2596200CA
2592 1C4
11125t2014
345864
69.88
345865
345865
345865
10,206.90
345866
180.00
345867
2,000.00
345868
3,215.00
345869
1,887.60
FRANCHISE TAx BOARD 011.210260
011 1026.597000 2,504.90 HazMat Physicals
'180.00 Garnishment: Payment
2599192CA
Ben177790
8en177786
Ben177788
1',U25120',t4
11126t2014
11t26DO14
11126t2014
1',t t26120',t4
SANDRA D, BINGMAN
VERNON FIREMEN'S
ASSOCIATION
011210260 2,000.00 Garnishment:Payment
01'1.210250 3,215 00 Fire House Fund: Payment
ASSOCIATTON VERNON POLTCE 011.210250 1 ,887.60 Police Association Member Dues: 8en177784
OFFI Payment
TOTAL EARLY CHECKS $ 43I,753.70
Pnnled 1112612014 11:31 24AM Page 16 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT
NUMBER AMOUNT DESCRIPTION
CHECK
NUMBER AMOUNT
345870
345870
34s870
345870
345870
345870
705.37
345471
345871
345871
8,947.55
u5872
500.10
345873
2,611.88
345874
350.00
345875
70.00
INVOICE P.O.#VENDOR DISPLAY
AEG SOLUTIONS
AEGIS ITS, INC.
ALL CIry MANAGEMENT
SERVICES,
AMERICAN LEGAL PUBLISHING
CORP
ANGEL CITY DATA, INC.
ANTHONY HINOJOS
0'11.1200'10
011 .1 200'10
011 .1200'10
011.120010
o't1 120010
01'l 120010
011 .1043 590000
011.1M3.590000
011.1043.900000
011 . 1031.594200
011.1003.596200
01 '1 .90 1 9. 590'r 'r 0
020.1084.596700
252.60 27OO-50O 24# Color Bond, 24" X 15O' -
7578 27OO-51O 24+ Color Bond, 36" X 150'-
221.OO 27OO-52O 2ffi Xerographic Bond, 24" X
65.64 2700-530 20# Xerographic Bond, 36" X
35.00 Freight
55.35 Sales Tax
6052'1
60521
60521
60521
60521
60521
11920
11941
11980
36845
101205
13057
't105',14
011.0010193
011.0010193
011.0010193
011.0010193
011.0010193
5,055.75
1,890.92
2,000.88
500.10
2,611.88
Repairs & Maintenance
Preventative Maintenance
Mainlenance & Repairs
School Crossing Guard
Code of Ordinances
350 00 The vendor will provide remote support
70.00 Class B Driver License Renewal
Ptinled 1112612014 11 3121!.M
01'1.0010028
Page 17 of 2a
CITYOFVERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
VENOOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
CHECK
NUMBER AMOUNT
VEHICLES BLACK 8 WHITE
EMERGEN
BRENNTAG PACIFIC, INC,
BRYAN WOODRUFF
CAL TECH COPIER, INC,
CALOLYIVIPIC SAFETY
011.1031.570000
020.'t 084.500140
011.1033.502030
011.9019.520010
0 1 '1 .901 9. 5901 1 0
0'11 9019.590110
011.9019.520010
011.90'19.590'l'10
011.120010
011.120010
011 .120010
011.1033.520000
01 1 . '1 046. 520000
011.1046 520000
011 1046.590000
239.26 Bumper
3,679.77 Chlorine
200.00
38'1.45
250.00
125.O0
1,380.92
125.00
Msion Bene{its: Spouse
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
Repairs & Maintenance
345876
239 26
3r'.5877
3,679.77
345878
200.00
345879
345879
345879
345879
345879
2,262.37
345880
345880
345880
196.82
345881
8.50
345882
3/.5882
3/5aa2
CALOX INC
CAMINO REAL CHEVROLET
170.00 MOLDEX earmuff MX-6, NRR30, 10 per
11.52 Freight
'15.30 Sales Tax
8.50 Cylinder Orygen
71.11 accelerator pedal assy
6.40 Sales Tax
240.00 Labor to diagnose and repair
468
100914VRS
110414
cT51566
cT51566
cT51763
cTs1825
cT51825
334049
334049
334049
44804
cvcs50278
cvcs50278
cvcs50278
011 .0010'164
011.0010'164
011.0010173
011.0010173
Pinted 11126t2014 11 31 24AM Page 18 of 28
CITY OF VERNON
WARMNT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
CATALINA PACIFIC CoNCRETE 020.1084.520000 3,711 35 Concrete
CHEM PRO LAB INC.011.1049.590000 210.00 WaterTreatmentServices
CITY OF 1.A., DEPTOFTRANSPOR 011.1043590000 1,776.53 Traffic Signal Maintenance
100114VRS
583000
98345
76095
936806
2772',1
27149
27574M
603866
35486
345883
3',t7 .51
3,711_35
210.00
't,776.53
9,199.72
455.00
345884
345885
345886
345887
345888
2,139.00
345889
345889
14,960.00
345890
46.50
345891
CLEANSTREET, INC,
CLINICAL LAB OF SAN
BERNARDINO
011.1043.590000 9,199 72 Sweeper Services
060.6060.595200 455.00Labservices
COLANTUONO,HIGHSMITH& 011.'1024.593200 2,139.00 ProfessionalServices
COMPLETE THERMAL SERVICES 011.1049.590000 1,250.00 Repairs & Maintenance
tNc.
011.1049.590000'13,7'10.00 A,/CRepairs
CRAIG WELDING SUPPLY CO. 011.1033.520000 46.50 Supplies
D&D REFRIGERATION, INC 01l 1049.590000 5,950.00 Repairs & Maintenance
Ptinled: 1112612014 11t31 24AM Page 19 of 28
CITY OF VERNON
WARMNT REGISTER NO. 1413
OECEMBER 9, 2014
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION |NVOICE P.O.#
CHECK
NUMBER AMOUNT
DEWEY PESTCONTRoL 011.1033520000 102.00 Pest Control Service
DR DAVID N. STEIN 011.1041.502030 225.00 VisionBenefits
EASTERN GROUP PUBLICATIONS 020.1084 550000 237 50 Publication Fees
tNc
0'1'1.'1003.596300 187.50Public€tionFees
01'l.'1003.550000 137.50PublicationFees
ENTERPRISE FM TRUST 011.403'1.840000 57450 Car Rental
FRED PRYOR SEMINARS 01'1.1060.596700 436.00 Books & Publications
GE MOBILE WATER lNC. 011.1033.520000 '1,019.00 Maintenance Services
011.1033.520000 S50.05MaintenanceServices
GOVERNMENT FINANCE OFC. 011 1004.596550 610.00 Membership Fees
ASSOC,
1128'14VRS
110414
43076
43078
43079
FBN26'19447
2284278
071014VRS
071014VRS(B)
102914
3/5892
5,950.00
102.00
225.OO
345893
345894
345894
345894
GTO AUTO GLASS
Pnnled: 1112812014 1'l:31 24AM
562.50
345895
574.50
345896
436.00
345897
345897
1,869.05
345898
610.00
011.1046.590000 105.00 Laboronlyto remove & reinstallfront WO475236 011 0010176 345899
Page 20 ol 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
CHECK
NUMBER AMOUNT
HAWKINS TRAFFIC SAFEry
SUPPLY
HEMA PATEL
HUNTINGTON PARK RUBBER
STAMP
H&HWHOLESALEPARTS 011.1046.520000
0't1 .1046.520000
011.1046.520000
0'11.1046.520000
011 .1046 520000
011.1046.520000
011.1043.520000
011.1043.520000
01'1.1024 596500
01'1.1002.520000
011.1002.520000
011.1002.520000
01'1 't002.520000
011 .1002.520000
0'l'1.1002.520000
0'1'1.1002.520000
011.1002.520000
146.55 ACD '17D1367CH front brake pads
13.19 Sales Tax
26.90 ACD 8-4420 windshield wipers
26 90 ACD 8-4422 windshield wipers
7 26 Sales Tax
26.90 ACD 8-4418 windshield wipers
597 60 Series Warning Scope, ( 4 legged), item
53.78 Sales Tax
'14 56 SCAQMD Hearing
11.22 Name plates to read;-
1'l.22 Name plates to read:-
11.22 Name plates to read:-
11.22 Name plates to read:-
11.22 Name plates to read:-
11.22 Name plates to read:-
11.22 Name plates to read:-
11.22 Name plates to read:-
1A46652
1846652
1850729
'1850729
1850729
1850729
23486
23486
'1105'14
261231tN
261231tN
26'l231rN
261231tN
2612311N
2612311N
2612311N
261231rN
01'1.00't0'145
011.0010179
0'11.0010179
011.0010179
011.0010192
345900
345900
345900
345900
345900
345900
345901
345901
u5902
345903
345903
345903
345903
345903
345903
345903
345903
105.00
247 .70
651.38
14.56
011 0010194
0 1 1 .001 0'1 94
0'11.00'10'194
011.00'10194
011.0010194
0'l '1 .001 01 94
01'l 0010'194
01'1.0010't94
Page 21 oi 2APtinled 11l26n1fi 11:31 24AM
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
VENOOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
011.0010194
011.0010194
0 1 1 .001 01 94
CHECK
NUMBER AMOUNT
345903
345903
345903
345903
156.21
345904
345904
345904
503.06
345905
345905
345905
345905
345905
345905
345905
345905
345905
859.63
345906
345906
345906
HUNTINGTON PARK RUBBER
STAM P
011.1002.520000
011.1002.520000
0'11 1002.520000
011.1002.520000
01'1.'120010
011 .12001 0
011 120010
01'1.'1046 520000
0'1'1.1046.520000
01'1.'1046.520000
011.1046.520000
011 1046.520000
01'1.1046.520000
01'1.1046.520000
011 '1046 590000
011 1046.590000
01'1.'1043.520000
011.1043.520000
011 .1043.520000
11.22 Name plates to read:-
'11.22 Name plates to read;-
31.1'l Name Plate to read:-
12.90 Sales Tax
291.60 l-Jaguar Safety Glasses, lens color:
41.54 Sales Tax
169.92 l-Jaguar Safety Glasses, lens color:
85.00 FMC90077 feed nut for cross feed
10.00 felt sealfor drum feed screw
8.00 gib adjustment screw
59.75 FMC .049' radius tool bils
27.63 Sales Tax
39.25 FMC6002494 spring for shift detent
105.00 FMC90071 feed screw for cross feed
'1 50.00 Labor to pick up and deliver brake laihe
375 00 Labor to perform service and replace
131.34 Epoxy A & B kit, gallon size.
40.00 Freight
2'l.72 Sales Tax
261231tN
261231tN
261231tN
261231tN
LR1538
LR'1538
LR1538
24131K
24131K
24131K
24131K
24131K
24131K
24131K
24131K
24',t31K
16961
16961
16961
II\,4PERIAL SUPPLIES, LLC
INDEPENDENT BRAKE LATHE
JCL BARRICADE COMPANY
01 '1 .001 0 1 96
011.0010196
011.0010175
0'1 1 .001 01 75
011.0010175
01'1.0010175
01 '1 .00'1 0 1 75
0'l'l 0010175
011 0010175
011.0010175
0'1 '1 .001 01 55
0'11.00'10155
Pmled: 1112612014 '11 31 24AM Page 22 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9,2014
PRINTED CHECKS
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
CHECK
NUMBER AMOUNT
345906
34s906
345906
345906
345906
2,634.79
345907
345907
345907
345907
1,105.60
345908
70.00
345909
3.322.90
345910
194.00
345911
25.55
345912
VENDOR DISPLAY
JCL BARRICADE COMPANY
JERRY'S AUTO BODY INC
JOSEPH ALVARADO
JSB FIRE PROTECTION, LLC
LA POOL GUYS
LANGUAGE LINE SERVICES, INC,
LONG BEACH BMW
MOTORCYCLES INC
Ptlnled: 11 1261201 4 11 :31 :244M
0'l'1.1043.520000
011.1043.s20000
01't.1043.520000
011.1043.520000
011.1043.520000
011.'1046.520000
011.1046.520000
0 1 't . 'l 046.520000
011.1046.590000
020.1084.596700
011.1033.595200
011.1049.590000
011 .'1 031 .594200
01'1.'t 031 .570000
'110.00
1,200.00
902.50
40.00
189.23
118.80
144.14
23.66
819.00
70.00
16961
75898
75898
75898
75898
24651
28651
28651
2865'l
110514
14210
27702
3469045
113483
0'l l 0010155
0'l '1 .001 01 85
011 .0010185
011.00'10185
o11.OO10172
o11.OO10172
o11.0010172
Stimsonite Raised Pavement Markers,
one
Type I Wood & Metal Barricade, part
D Cell Amber Flasher, item
Freight
Sales Tax
paint and material
parls
Sales Tax
labor lo repair and refinish passenger
Class B & M Driver License Renewal
3,322.90 Plan Check Fees
194.00 Pool Service
25.55 lnterpreatation Services
246.23 Repairs & Maintenance-011.0009965
Pege 23 ol 2A
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
CHECK
NUMBER AMOUNT
MCMASTER-CARR SUPPLY
COMPANY
29.19 Freight
53.80 Sales Tax
423.04 296715 rachet binder
174.80 3363t93 3/8 chain
1,238.33 Plan Check Services
75.60 Transcripts Services
775.00 Labor only to swap ladder racks from
MEL\A/N GREEN & ASSOCIATES,
tNc
NET TRANSCRIPTS, INC,
PACIFIC COMMERCIAL TRUCK
BODY
PACIFIC PRODUCTS&SERVICES
tNc
011.1M6.520000
011.1046.520000
0'11 .1046.520000
011.1046.520000
011 .'t 041.595200
011 .1031 .596200
01'1.1046.590000
011.1043.520000
011 .1043 520000
011.'1M3.520000
011.1043.520000
011 .1043.520000
0'1'1. 1043.520000
1,238.33
345915
75.60
345916
775.00
3/.5917
345917
345917
345917
345917
3459'17
6,829.38
15932038
15932038
15932038
15932038
13699
101014105
19595
18130
18130
18130
18130
't 8'130
18130
0'l'l.0010174
011.0010174
011 .0010174
345913
345913
345913
345913
345914
246 23
680.83
'l'15.33
220.O0
102.66
563.89
5,587.50
240.OO
o11.0010177
011.0010186
011.0010't86
0 1 1 .001 01 86
011 .00101 86
011.0010186
718" X 4-114" Drill Rod 12" UC H
2" Square Large Tapered Driver Head,
Large Taper Shank,7l8" X4-114", ilem
Sales Tax
Gas Powered Drill Breaker, item: Cobra
3" H Tread Drill (Carbide), item
Ptinled'. 1112612014 11:31 24AM Page 24 ol2A
CITY OF VERNON
WARMNT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION lNvotcE P.o.#
CHECK
NUMBER AMOUNT
RICHARDS, WATSON & GERSHON 020.1084.593200 55.00 General Legal Services 198554 3459'18
020.1084.593200 44.10 LA MS4 Permit Petition 198555 3459'18
99.'t0
SANTA FE BUILDING 0'11.1049.590000 6.591.07 Janitorial Services '13301 345919
MAINTENANCE
6,591.07
SCFUELS 020.1084.520000 2,706.00 G-ST oil ISO 32,55gallons perdrum, 2062901N 011.00'10'191 U592O
020.1084.520000 75.00 Drum Deposil 2062901N 011.0010191 345920
020.1084.520000 -45 00 Drum Return 2062901N 011.0010191 345920
020.1084.520000 9.92 Fuel Surcharge 2062901N 011.00'10191 345920
020.1084.520000 12.95 Regulatory Compliance Fee 2062901N 011.0010191 345920
020.'1084.520000 245.60 sales Tax 2062901N u5920
3,O04.47
SILVAS pRtNTtNG NETWORK 011 '1033.520000 969.87 oPERATTONAL PERMIT F|RE 25575 011.0010150 u5921
INSPECTION
011.'1033.520000 87.29 Sales Tax 25575 U5921
'l,057.'16
SO. CAL LAND MAINTENANCE, 011.1049.590000 2,501.80 Maintenance Services 3618 345922
tNc.
2,50'l.80
SPECIALTY TECHNICAL 011.1060.596600 342.50 EnvironmentalAssessment of Property R111439'19 345923
PUBLISHERS
342.50
Printed: 11/26/201411 31 24AM Page 25 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTEO CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
CHECK
NUMBER AMOUNT
SUPERIOR PAVEMENT MARKINGS
rNc
TERESA MCALLISTER
STAPLES ADVANTAGE 011 1002.520000
0'11.'1002.520000
011.1043.900000
011.1026.502030
011.1026.502030
01'1.'1024.596600
0'11 .1060.596600
011.1004 595200
011.120010
0'11 .120010
011.90'19 590110
3245993242
3245993242
5536
'110414
11O414(B)
830630{46
o821',t4
21410101N
'164515
'164515
120114'11301504
01't.0010162
011 0010152
345924
345924
59.37
345925
12,633.00
345926
345926
54.47 Olfice Supplies, -
4.90 Sales Tax
12,633.00 Pavement Markings/ Striping
175.00 Vision Benefits
175.00 Vision Benefits: Spouse
371.28 West lnformation Services
355.00 Public Safety & Water
1 5,000.00 Professional Services
2,709.00 0552-800 Georgia Pacific #20603 C-Fold
243.82 Sales Tax
3,197.00 PUMA Mgmt Application Software
THOMSON REUTERS
THOMSON REUTERS/BARCLAYS
VASQUEZ & COMPANY, LLP
VERNON SANITATION SUPPLY CO
345927
345924
u5929
't5,000.00
345930
345930
2,952.82
345931
3,197 00
Page 26 ol 28
350.00
371.28
355.00
VERSATILE INFORMATION
PRODUCTS
Pnnled 1 1 126120'1 4 1 1 3 l :244M
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9,2014
PRINTED CHECKS
ACCOUNT
NUMBER AMOUNT DESCRIPTION
CHECK
NUMBER AMOUNTVENDOR DISPLAY INVOICE P.O.#
VICTOR ENCISO 0'11 .1046.596700 70.00 Class B Driver License Renewal 110514 345932
70.00
WHITTIER JUDICIAL DISTRICT 011.1031.594200 400.00 Parking Citalions 1O2a14 345933
400.00
WLLIAMS DATA MANAGEMENT 011.1003.596200 333.00 Storage Fees 320661 345934
011.1003.596200 1,017.27 storage & Mobib Shred Service 321729 345934
011.1024.596200 78.00 Storage & Mobib Shred Service 321729 345934
l42A_27
TOTAL PRINTED CHECKS $ 133,064.87
P rinled: 1 1 126 I 20 1 4 1 1 :31 :24 AM Page 27 ot 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
RECAP BY FUND
FUND WIRE TOTAL
EARLY
CHECK TOTAL
PRINTED
CHECK TOTAL TOTAL
677 ,647 .92 $
444,428.95
0.00
0.00
338,187.92 $
88,187.03
5.378.75
0.00
10,872 19
0.00
455 00
121,737.68 $ 1,'137,573.52
543,444.17
5,374.75
455.00
011 . GENERAL
O2O - WATER
057 - FIBER OPTIC
060 . HMARDOUS WASTE
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED 65
$ 1,122,076.87 $431,753.70 $r33,064.E7 $ 1,686,89s.44
Pdnled 1112612014 1't 31 24AM Page 28 of 28
$
REGEEVED
DEC 0 I 2014
CITY CLERK'S OFFICE
DATE:
TO:
FROM:
RE:
RECEIVED
NOV 2 6 20ltt
CITY ADMINISTRATSTAFF REPORT
FINANGE/TREASU RY DEPARTM ENT
November 26,2014
Honorable Mayor and City Council
William Fox, Finance Direc ,orn'T
Light & Power Warrant Register for City CouncilAgenda of December 9, 2014
It is recommended that the attached Light & Power Warrant Register No. 378 be approved at the City Council
meeting of December 9,2014.
Light & Power Warrant Register No. 378 totals $5,625,535.50, and covers claims and demands presented during
the period of November 11 through November 24, 2014, drawn, or to be drawn, from East West Bank.
The following list details the components of Light & Power Warrant Register No. 378:
1. Ratification of wire transfers totaling $5,513,809.72;
2. Ratification of the issuance of early checks totaling $49,216.85; and
3. Authorization to issue pending checks totaling $62,508.93.
RECEIVED
Nov 2 6 20t{
CITY ADMINISTRATION
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9,2014
I hereby certify that claims and/or demands included in above listed warrant
register have been audited for accuracy and availability of funds for
payments and that said claims and/or demands are accurate and that the
funds are available for payments thereof.
This is to certify that the claims or demands covered by the above listed
warrants have been audited by the City Council of the City of Vernon and
that all of said warrants are approved for payments except Warrant
Numbers:
William Fox
Finance Director
Date:
P(inled: 1 1 1261201 4 1 1 :28:34AM Page 2 ol 11
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
WIRES
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE WIRE
INVOICE P.O.# ISSUED NUMBER AMOUNT
CALIFORNIA ISO 2014't't 053128630
013
2014',t1053128630
013
201411053128630
013
201411053'128630
013
201411053128630
013
201411053128630
013
2014'l'1053't 28630
013
201411053128630
013
20'14'11053128630
013
201411053128630
013
20'1411053128630
013
20'1411053'128630
013
20141'1053128630
013
20'1411053128630
013
201411053128630
013
055.9200.500150'13,839.14 RevisedCharges0l/'14
055.9200.500'150 -35,664.64 RevisedCharges0l/14
055.9200.500190 -2.77 Revised Charges 01/14
055.9200.500170 635.28 Revised Charges 10/14
055 9200.500150 -62,199.32 Revised Charges '10/14
055.9200.500190 -'1,396.55 RevisedChargesl0/14
055.9200.500210 -42.02 Revised Charges 10/14
055.9200.500150 -18,687.35 lnitialChargesll/14
055.9200.500150 15.43 lnitialCharges'l'l/14
055.9200.500190 1,060.24 lnitialChargesl'1/14
055.9200.500210 3,272.46 lnltialChargesl'1/'14
055.9200.500150 139,267.A4 lnitialCharges 10/14
055.9200.500170 822,25A.75 lnitialCharges 10/14
055.9200.500190 3,445.11 lnitialChargesl0/14
055.9200.500210 14,148.43 lnitialChargesl0/14
5709
5709
5709
5709
5709
5709
5709
5709
5709
5709
5709
5709
5709
5709
5709
Ptinled 1112612014 11 2A 34AM Page 3 ol11
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 20.I4
VENDOR OISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION
DATE WIREINVOICE P.O.# ISSUED NUMBER AMOUNT
CALIFORNIA ISO
CALIFORNIA ISO
EAST WEST BANK
055.9200.500240'1,456.79 lnitialChargesl0/14
055.9200.500150 164.18 Revised Charges 11/11
055.9200.500170 2.03 Revised Charges 11/11
055.9200.500170 -5,647.35 lnitialChargesl'l/'14
055.9200.500150 174,'162.52 lnitial Charges'11/14
055.9200.500190 8,847.28 lnitialChargesll/14
055 9200.500210 11,696.23 lnitial Charges 11/14
055.9200.500150 -11,241 45 RevisedCharges'10/14
055.9200.500170 -3,168.74 RevisedChargesl0/'14
055 9200.500190 -'101.93 Revised Charges 10/14
055.9200.5002'10 -92.30 RevisedChargesl0/14
055.9000.596500 32 00 lcket Change Charge
055.9000.596500 333.84Airrare:Staff
055.9000.520000 56.37 Luncheon Meeting
055 9100.596600 192.00 Membership: Staff
20141'1053128630
013
201411053128630
013
201411053128630
013
20141',t',t13128657
037
201411113128657
037
201411',|13128657
037
201411113128657
037
201411113128657
037
2014',1',1',1',13124657
037
201411113128657
037
20141',t',t13128657
o37
102114
102114
102114
1021',t4
5709
5709
5709
'|U12t2014 881,573.03
5710
5710
5710
5710
57'tO
5710
5710
57',10
11t17t2014 174,454.26
5711
5711
5711
5711
P tinl€d: 11 1261201 4 11'.28:U AM Page 4 of 11
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
WIRES
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
DATE wlRE
INVOICE P.O.# ISSUEO NUMBER AMOUNT
EAST WEST BANK 055.9000 596500 -476.80 Refund
055.9200.596700 1,680.00 Registration:Staff
055.9100.596600'1,275.00 Training:Staff
055 9200.500150 690,644.09 ENERGY PURCH ',I0/14-POWEREX CORP
MORGAN STANLEY CAP GROUP 055 92OO.5OO150 49,5OO.OO ENERGY PURCH 1O/14-
tNc.
CITY OF BURBANK 055.9200.500150 36,000 00 ENERGY PURCH 10/14-
102114
102114
102114
50580312
12941051
113463
10201401
1020'1401
5711
5711
3,O92.41
5712
11120t2014 690,644.09
57'13
49,500 00
5714
36,000.00
5715
5715
5715
't1t2012014 2,393,477.75
57'16
5716
11t2',U2014 1,285,068.18
TOTAL WRES $ s,513,809.72
11t1712014
11t20t2014
11120t2014
BICENT (CALIFORNIA) IVIALBURG 055.9200 500'150 378,601.53 Energy Related Payments
055 9200 500180 2,017,517 40 Capacity Payment
055.9200 500150 -2,641 1A Replacement Energy Payment 1O2O14O1
PETRELLI ELECTRIC lNC. 055.200400 459,420.69 Electric Service Maintenance
055 200400 825,647.49 Electric Service Maintenance
ua26
MA27
Pnnled 1112612414 11 28:3/,AM Page 5 of 11
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 20.I4
EARLY CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
DATE CHECK
ISSUED NUMBER AMOUNT
EAN SERVICES, LLC
FEDEX
HOWARD INDUSTRIES, INC.,
SANTA FE BUILDING
MAINTENANCE
SOUTHERN CALIFORNIA EDISON
Service Period: '10/14
Service Period: 10/14
Service Period: l0/14
Polemount Transformer-
Polemount Transformer-
Polemount Transformer-
Polemount Transformer-
Sales Tax
Janitorial Service
Service Period: ogl29 - 10129
Service Period: 10/14
11t13t2014
055.0002163
055.0002163
055.0002163
055.0002163
't'U13D0',t4
11t1312014
11t't3t2014
thal2014
055 9000.596500
055 8000.596700
055.9000.520000
055.9000.520000
055.9000.520000
055.120010
055.120010
055.120010
055.'120010
055 120010
055.8400.596200
055.8100.560010
055.9200.560010
055 8400.590000
158.59 Car Rental Fee
128.43 Car Renlal Fee
3769952
3769952
2A2376942
283086519
283811795
101014VRS
101014VRS
10'1014VRS
101014VRS
10't0'l4vRS
13300
'103014
't'to414
130466211
51'r101
511101
287.O2
511102
51',t102
5',t't102
187.03
511103
511103
511103
511103
51'1103
26,722.44
511'104
2,152.78
51't 105
511105
799.64
511106
11t1312014
106.30
30.89
49.84
5,'130.00
4,326.00
5,448.00
9,612.00
2,206.44
2,152.78
51 00
748.64
ASBURY ENVIRONMENTAL
SERVICES
422.36
Page 6 of 11Printed 11/26/2014 11:28 34AM
422 36 Drums
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
EARLY CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION
DATE CHECKINVOICE P.O.# ISSUED NUMBER AMOUNT
D&D REFRIGERATION, INC 055.8400.596200 525.00 Mainlenance & Repairs 35548
055.9000.596500 23.30 Communicalion Skills lor Women 110614
055.9000.596500 164.00 WECC Human Performance Working 110614
Group
11t18t20't4
11118t2014
11t't8t2014
't'u1812014
11t1812014
511'r07
51'1't 08
5't'1109
51'l'110
5111'll
511112
511112
511'113
51't'113
511114
525.OO
23.30
16,4.00
10,538.70
127.01
5,000 00
1,033.91
62.28
Page 7 d 11
OCEAN BLUE ENVIRONI\,IENTAL 055.8300.590000 10,538.70 Repairs & Maintenance
JOINT POLE COI\4MITTEE 055.9'100 596200 127 01 Operating Expenses
IRENE CASTILLO
LISA UMEDA
SOUTHERN
BLX GROUP LLC
25179
18368
416121085207191
3
416',121258907 161
4
101414VRS 055,0002189
101414VRS 055.0002189
284537788
055.9000.5920'13 2,250.00 ProfessionalServices
0559000.592013 2,750.00 ProfessionalServices
CURRENT WHOLESALE ELECTRIC 055 8000.590000 763.00 Electrical parts-
055.8200.590000 270.9'l Electrical parts-
FEDEX
1',V25t2014
1112512014
11125t2014
P nted 11/26/2014 11:28 34AM
055 9000.520000 62.28 Service Period; 11/14
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9,2014
EARLY CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION
DATE CHECK
INVOICE P.O.# ISSUED NUMBER AMOUNT
HOME DEPOT CREDIT SERVICES 055.8000.590000 87.73 Hardware Supplies-
055.8300.590000 '170.38 Hardware Supplies-
055.8400.590000 7.76 Hardware Supplies-
100414VRS 055.0002178
100414VRS 055.0002178
100414VRS 055.0002178
111014
102314VRS 055.0002184
511115
511115
511115
265.87
5111'16
689.44
511117
150.75
511118
JAVIER VALDEZ
JORRIE ESTRADA
055.9000.596550 689.44 City Staff outing to Jawbone Canyon 101414
055.8100.596500 150.75 SEL Relay Training
1112512014
11t25t2014
11t25t2014
11t25t2014
WALTERS WHOLESALE ELECTRIC 055.8200.590000 65.32 Electrical Parts-
co.
65.32
TOTAL EARLY CHECKS $ 49,216.85
P(inled: 1 1 1261201 4 1 1 :28:34AM Page I of 11
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNTNUMBER AMOUNT DESCRIPTION
BACKFLOW APPARATUS & VALVE 055 8400.590000 40.00 Backflow valve inspection
co.
BASEM ANDRAWOS 055 9100.596500 15.36 SCPPA Operation Meeting
CRAIG WELDING SUPPLY CO. 055 8000.590000 262.27 Refill Cylinders-
055.8200.590000 13,892 30 Annual lnspections
055.9100.596500 15.36SCPPAOperationMeeting
055.9'100.596500 15 36 SCPPA Operation Meeting
688100
111814
103014VRS 0s5.0002185
1N.t4519
111814
111814
1393229
7682
106972 055.0002205
tNvotcE P.o.#
CHECK
NUMBER AMOUNT
511119
511120
511',t21
5',t1122
13,892.30
511123
15.36
511124
'15.36
511125
198.00
511126
90.00
511127
620.92
40 00
15.36
262 27
ETHOSENERGY FIELD
SERVICES,LLC
JACK MEGORDEN
JEFF FRAGA
LEWIS BRISBOIS BISGMRD & 055.9000.593200 198.00 Utility Operations
LOSANGELES ELEVATOR 055.8400 590000 90.00 Elevator Service
SERVICES
OPEN ACCESS TECHNOLOGY lNC. 055.9200.596200 620.92 ETS Tagging Services-
P tinled 11 1261201 4 1 1 :2a:34A.M Page I of 1'l
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
PRINTED CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER
CHECK
NUMBER AMOUNT
51',t',!28
5'l't'128
511128
24,660.00
511129
511129
511129
511129
930.00
5'11130
511130
511130
18,000.00
511131
3,670.00
511132
15.36
511133
P.O.#
055 0002186
AMOUNT DESCRIPTION INVOICE
POWER CONSULTANTS INC, PORT
CA
POWERMETRIX
RENU RESOURCES, LLC.
V-BAR, LLC
VIET NGUYEN
WEIDMANN DIAGNOSTIC
SOLUTIONS,
055.9000 900000
055.9000 596200
055.9000.596200
055.8000.590000
055.8000.590000
055.8000.590000
055.8000.590000
055.9000.900000
055.9000.900000
055.9000.900000
055.9000.900000
055.9100.596500
055.8000.590000
Contract Services
Contract Services
Coniract Services
Point Calibralion Check-
Powermate Repair
Probe Set Repair
Freighl
Property Management
Property Management
Property Management
Meteorological Data Colleciion
SCPPA Operation Meeting
Transformer Oil Samples-
VERNPVHOCTl4
VERNPVHOCTl4
VERNPVHOCTl4
13331
1333'1
13331
13331
75
76
1410
111814
6200045576
6,120.00
9,180.00
9,360.00
525.00
175.00
'150.00
80.00
6,000.00
6,000.00
6,000.00
3,670.00
15.36
84.00
055.0002218
055.0002218
055.0002218
055.0002218
84 00
$ 62,508.93
Page 10 of 11Plnred 11t26t2014 11 28 34AM
TOTAL PRINTEO CHECKS
LIGHT & POWER
WARRANT REGISTER NO. 378
DECEMBER 9,2014
RECAP BY FUND
EARLY PRINTED
WIRE TOTAL CHECK TOTAL CHECK TOTAL
oss-LTGHT&POWER$5,513,809.72$49,216.85$62,508.93$5,625,535.50
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED,I5
$ s,513,809.72 $ +9,216.85 $ 62,508.93 $ S,625,535.50
P rinled: 1 1 I 26 I 20 1 4 1 1 :28:34 AM Page 11 of 11
REGEi fltrD
DEC 0 1 2014
CITY CLERKS OFFICE
RECEIVED
NOv 2 6 20t,r
CITY ADMINISTRATION
TO:
FROM:
RE:
STAFF REPORT
FI NAN C E/TREASU RY DEPARTM ENT
November 26,2014
Honorable Mayor and City Council
William Fox, Finance Direc ,orNt
Gas Warrant Register for City Council Agenda of December 9,2014
It is recommended that the attached Gas Warrant Register No. 166 be approved at the City Council meeting of
December 9,2014.
Gas Warrant Register No. 166 totals $13,213.11, and covers claims and demands presented during the period of
November 11 through November 24,2014, drawn, or to be drawn, from East West Bank.
The following list details the components of Gas Warrant Register No. 166:
1. Ratification of the issuance of early checks totaling $8,214.03; and
2. Authorization to issue pending checks totaling $4,999.08.
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 166
DECEMBER 9,2014
I hereby certify that claims and/or demands included in above listed warrant
register have been audited for accuracy and availability of funds for
payments and that said claims and/or demands are accurate and that the
funds are available for payments thereof.
This is to certify that the claims or demands covered by the above listed
warrants have been audited by the City Council of the City of Vernon and
that all of said warrants are approved for payments except Warrant
Numbers:
William Fox
Finance Director
Date:
P tinled: 1 1 126120 1 4 1 1 :25. 47 AM Page 2 of 5
CITY OF VERNON
GAS OEPARTMENT
WARRANT REGISTER NO. 156
DECEMBER 9, 20,I4
Y CHECKS
VENDOR DISPLAY
ACCOUNT
NUMBER AMOUNT DESCRIPTION INVOICE P.O.#
DATE CHECK
ISSUED NUMBER AMOUNT
A-BEST INDUSTRIAL
JOHNSON - PELTIER
SNEDAKER LAND SURVEYING
DAN CORDOVA
MEASUREMENT CONTROL
SYSTEMS
HOME DEPOT CREDIT SERVICES
MERCURY INSTRUMENTS
056.120010
056.'120010
056.5600.900000
056.5600.900000
056.5600.596700
056.5600.590000
056.5600.520000
056.120010
056 120010
611 16 i.,lOONEY Filter Element for type, 30
55.00 Sales Tax
3,505.00 conduit & Wire for Gas Meter
3,500.00 Professional Services
134.47 IUWG Conterence
107.89 Gas Materials-
62.07 Small tools and plumbing hardware-
220.10 Telephone line surge protecior - tii
18.34 Freight
tN5545
tN5545
37051
1306801A
102714
178074
7262505
523M73/.1912904
12
5230473/.1912908
12
056.0000282
056.0000276
056.0000297
056.0000297
11t1312014
11113t2014
1',V',t3t2014
1111812014
fi11aD014
11t25120',t4
056.0000304 1218
1218
666.16
1219
3,505.00
't220
3,500.00
't221
1U.47
1222
107.89
'1223
62.O7
1224
1224
23A.44
$ 8,214.03
11125t20',|4
TOTAL EARLY CHECKS
Ptinled 1112612014 11 25:47AM Page 3 of 5
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 166
DECEMBER 9, 2014
PRINTED CHECKS
AccouNT cHEcK
VENDOR DISPLAY AMOUNT DESCRIPTION |NVO|CE P.O.#NUMBER AMOUNT
INTERSTATE GAS SERVICES, lNC. 056.5600 596200 4,999.08 Natural Gas Consulting 7021205
TOTAL PRINTED CHECKS 4,999.08
P tinled: 1112612014 1125 47 AM Page 4 of 5
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 166
OECEMBER 9, 2014
RECAP BY FUNO
EARLY PRINTED
w|RE TOTAL CHECK TOTAL CHECK TOTAL
0.00$8,214.03$4,999.08$13,213.11056 . NATURAL GAS
GRAND TOTAL
TOTAL CHECKS TO BE PRINTED 1
0.00$8,214.03$4,999.08$13,213.11
Ptinled. 11t26t2914 11:25 47AM Page 5 of 5
$
RECEIVED
N()V 2 6 20ltr
CITY ADMINISTRATION
REGEE\,flED
DEC 0 1 2014
CITY CLERK'S OFFICE
DATE:
TO:
FROM:
RE:
STAFF REPORT
FIRE DEPARTMENT
December 9,2014
Honorable Mayor and City Council
Michael A. Wilson, Fire Chief ffi*
LA-RICS Site Access Agreement for LTE Project
Recommendation
It is recommended that the City Council:
1. Find that the approval proposed in this staff report is exempt from review under the
California Environmental Quality Act ("CEQA") pursuant to Public Resources Code
Section 21080.25, the statutory CEQA exemption adopted specif,rcally for the LA-RICS
project. To the extent any leased circuit work that may occur outside of the PSBN site(s)
is needed to provide connectivity to the site(s), such work is categorically exempt under
CEQA pursuant to CEQA Guidelines Sections 15301, 15303, and 15304.
2. Approve and authorize the City Administrator to execute the Site Access Agreement with
the Los Angeles Regional Interoperable Communications System (LA-RICS) Authority,
in substantially the same form as submitted herewith. Approval of the Site Access
Agreement does not constitute a commitment or obligation to participate in LA-RICS as
a continuing member of the LA-RICS Authority.
Backsround
The LA-RICS Authority is seeking to establish a modern, integrated wireless voice and data
communication system to serve law enforcement, fire service, and health service professionals
throughout Los Angeles County. As part of this project, LA-RICS identified two potential
communication sites within the City of Vernon, and is seeking permission to begin proposed
PSBN site design documents. These documents will include architectural and engineering plans,
zoning plans, soil reports, and other documents required to construct the proposed broadband
communication sites.
Proposed Project
By entering into the Site Access Agreement (SAA), the City of Vernon would license the use of
a portion of their owned or leased property to the LA-RICS Authority for use as a Long Term
Evolution (LTE) broadband communications site(s). The licensed site(s) would include all
necessary space and easements for access and utilities to construct, install, operate, maintain and
repair an unmanned LTE communications facility. Proposed locations are listed in Table I
below.
Approval of the Site Access Agreement does not constitute the City's approval of any site plans;
the LA-RICS Authority must still comply with any and atl building permitting and approval
processes required by the City.
Entry into the SAA also does not constitute or guarantee the City of Vernon's participation in
LA-RICS as a continuing member of the LA-RICS Authority. The City of Vernon may choose to
grant site access for the purpose of advancing public safety needs in the area by allowing for
coverage to be maximized for the regional network, and not participate in LA-RICS as a
member. Improved coverage allows for more meaningful mutual aide responses in time of
emergencies, with the proposed PSBN solution enabling first responders to instantly access
mission critical information that can improve the outcome of emergency responses.
The SAA is included as Attachment A.
Project Analysis
Issue
The LA-RICS Authority, a California Joint Powers Authority, was established in 2009 to
engage in a region-wide cooperative effort to plan and establish a wide-area interoperable
public safety communications network known as LA-RICS. When commissioned, the
system would provide first and secondary responders with the technology to coordinate, in
real time, theirresponse during emergencies. The LA-RICS is made up of two independent
systems, the PSBN (also known as LTE) and the Land Mobile Radion (LMR) Systems.
To implement these proposed systems, the LA-RICS Authority must enter into SAAs with
many of its 86 member agencies.
Background
LA-RICS is planned as an integrated system serving the Los Angeles County region,
including the 88 cities and unincorporated area within a 4,084 square-mile service area,
through voice and data radio communications systems. These systems constitute an
interoperable communications network that would improve communications for first and
Table I
Proposed LA-RICS LTE Site Locations Subject to Site Access Agreement
Location Existing On-Site Facilities Pruposed LA-RICS LTE Facilities
Fire Station No. 1 N/A 3375 Fruitland Avenue
Fire Station No. 3 N/A 2800 Soto Avenue
secondary responders to communicate, in real time and across jurisdictional boundaries, for
emergency response.
Key to the system are the voice and data components, allowing first and secondary
responders to transmit video to inform communications and response plans as events unfold.
LA-RICS will construct, own, operate, and maintain the systems. For purposes of the LTE
system, monopoles of no more than 70-feet (without appurtenances) would be constructed at
sites throughout Los Angeles County. Where existing towers on-site meet project
performance criteria, LTE antennas will be collocated wherever possible.
The LTE System is made of LTE broadband wireless network technology and will provide
day-to-day data communication service for individual public safety agencies, provide
emergency responders with high-speed access to life-saving multimedia information, and
support the National Public Safety Broadband Initiative. The LTE system will provide a
secure 4G data network to provide high-speed video and data access that is exclusive to
public safety response.
Discussion
Currently, there is no adequate common communication system for all first responders in the
Los Angeles region. Instead, there are 40 different radio systems serving 50 law enforcement
agencies and 31 fire departments. Without interoperable communications, coordination is
neither possible during initial response, nor for a period of time after arrival at the scene. It is
the goal of LA-RICS, in concert with its member agencies, to fill this gap and provide a
public safety grade voice and data distribution network that is interoperable. This
interoperable system will facilitate timely and effective responses to emergencies while
supporting routine day-to-day communications.
By granting approval for the execution of the SAA with LA-RICS, the City of Vernon will
assist in making the goal of interoperable communications in Los Angeles County a reality.
City of Vernon Site Access
To begin construction of the City of Vernon LTE sites, the SAA must be executed between the
City and the LA-RICS Authority (Attachment A). Staff seeks authority to enter into the SAA to
permit the LA-RICS Authority to use a portion of City real property to construct, operate,
maintain and repair an LTE communication facility at two approved sites owned by the City, as
listed in Table I above, and as more fully set forth in the SAA.
Under the SAA, access is not contingent upon the City's membership or use of the LA-RICS
Authority communications system. The City's decision regarding membership and use is
required by November 2015, after the system has been built.
Environmental Review Requirements
Approval and execution of the SAA, and all work at the LTE site(s) covered by the Site Access
Agreement, is statutorily exempt from review under CEQA. On January 10,2012, Assembly
Bill 1486 (codified at Public Resources Code Section 21080.25) was passed which granted the
LA-RICS Authority exemption for the proposed PSBN sites.
As the CEQA Lead Agency, the LA-RICS Authority has determined that all of the LTE sites,
including those covered by the City's SAA, meet all of the criteria listed above, and that this
determination is supported by substantial evidence in the custody of the Authority.
The project is also subject to the National Environmental Protection Act (NEPA) requirements,
and LA-RICS expects to receive full environmental clearance to begin construction by the end of
the year.
Upon City Council's approval of the recommended actions, the LA-RICS Authority will file
Notices of Exemption for the individual project site(s) covered by the SAA with the Registrar
Recorder/County Clerk pursuant to Section 15062 of the State CEQA Guidelines.
Fiscal Impact
None. The total cost of the construction and maintenance of the monopoles/LTE Sites will be the
responsibility of the LA-RICS Authority.
THIS SITE ACCESS
duplicate original this _
BY AND BETWEEN
AND
LTE SITE ACCESS AGREEMENT
AGREEM ENT ("Agreement"), is made and entered into in
day of 2014,
CITY OF VERNON, a body corporate and
politic, hereinafter referred to as "Owner"
THE LOS ANGELES REGIONAL
INTEROPERABLE COMMUNICATIONS
SYSTEM AUTHORITY, a Joint Powers
Authority, hereinafter referred to as "LA-
RICS Authority."
use
and
RECITALS:
WHEREAS, the LA-RICS Authority is a joint powers authority which was
established pursuant to a Joint Powers Agreement dated January 2009 ("JPA") for the
purpose of coordinating governmental services to establish a wide-area interoperable
public safety communications network commonly known as LA-RICS;
WHEREAS, Owner owns certain real propefi, and is willing to allow LA-RICS the
use of portions of the real property described and depicted in Exhibit A (Site List) attached
hereto and incorporated by this reference ("Real Property"); and
WHEREAS, LA-RICS Authority desires to use of a portion of the Real Property for
as a Long Term Evolution broadband ("Broadband" or "LTE") communication site;
WHEREAS, the parties hereto acknowledge that: (a) LA-RICS AUTHORITY has
retained Motorola ("LMR Vendor")to design, construct, and perform services with respect
to a regional interoperable LMR telecommunications system as a part of the LA-RICS; (b)
the LA-RICS Authority has retained Motorola ("LTE Vendor") to design and construct a
regional interoperable Broadband telecommunications system as a part of the LA-RICS;
(c) the federal First Responder Network Authority may, or may not retain one or more
vendors (collectively, the "First Net Parties"), to design and construct a national
interoperable Broadband telecommunications system of which the LA-RICS may be a
part; and (d) any of the LA-RICS Authority member agencies may assume the LA-RICS
Authority's rights and obligations under this Agreement and/or may perform services with
respect to this LA-RICS; and
WHEREAS, LA-RICS AUTHORITY is willing to accept and exercise the rights
granted by this Agreement for use of an LTE site located on the Real Property in
accordance with the terms and conditions prescribed herein.
HOA '1 1 12427.1
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby
deemed a contractual part hereof, and the mutual promises, covenants, and conditions
set forth herein, the parties hereto agree as follows:
1. LTE SITE: LIGENSE
1.01 Owner hereby licenses to the LA-RICS AUTHORITY and LA-RICS
AUTHORITY hereby accepts from Owner on the terms and conditions set forth herein,
the use of land within a portion of the Real Property, including applicable non-exclusive
easements for site access and utilities as described and/or depicted on Exhibit A (Site
List) attached hereto and incorporated herein by reference, to install and operate an
unmanned LTE communication facility (collectively, the "LTE Site" and each,
individually, a "LTE Site").
1.02 The LA-RICS AUTHORITY acknowledges its personal inspection of the
LTE Site and the surrounding area and evaluation of the extent to which the physical
condition thereof will affect its operations. The LA-RICS AUTHORIW accepts the LTE
Site in its as-is condition, and Owner makes no warranty, express or implied, as to the
suitability of the LTE Site or the Real Property for the LA-RICS AUTHORITY's use; its
physical condition, including the condition and stability of the soils or groundwater on or
under any of the Real Property; and the presence of pollutants or contaminants therein.
1.03 LA-RICS AUTHORIry, the LTE Vendor, and/or the First Net Parties may
make or construct or cause to be made or constructed additions, alterations, repairs,
replacements or other changes to the LTE Site at the LA-RICS AUTHORITY's expense
in accordance with all of the terms and conditions of this Agreement.
1.04 LA-RICS AUTHORITY hereby acknowledges the title or other legal right of
possession of the Owner or its successors in the Real Property and covenants and
agrees never to assail, contest, or resist said title.
1.05 Ownership of all improvements constructed by the LA-RICS AUTHORITY
upon each and every site comprising the LTE Site and all alterations, additions or
betterments thereto shall remain with the LA-RICS AUTHORITY or other agencies as
may be provided by any applicable LA-RICS grant requirements. The LA-RICS
AUTHORITY may remove any of its own improvements to the Real Property at any time
during the term of this Agreement, and Owner hereby waives any and all lien rights it
may have in relation thereto, statutory or othenrvise.
2, PURPOSE AND USE
2.01 The purpose of this Agreement is to allow the LA-RICS AUTHORITY to use
the LTE Site for the installation, operation, maintenance, and repair of a Broadband
communication facility. The LA-RICS AUTHORITY (and/or its member agencies, the
LTE Vendor, the First Net Parties and/or other agents): (a) shall have the right to
construct, install, repair, remove, replace, maintain, and operate the LA-RICS
AUTHORITY's LTE communications system, which typically consists of, without
HO4.1112427.1
limitation, the infrastructure, shelters, equipment and related improvements listed on
Exhibit B (Equipment List) attached hereto and incorporated herein by this reference
(such LTE system and associated infrastructure, shelters, equipment and related
improvements, collectively, the "LA-RICS Facility") and other related materials as may
be deemed necessary by the LA-RICS AUTHORITY, and (b) shall be allowed access
over, through and across each site comprising the Real Property, in the locations
described in Exhibit C, for ingress to and egress from the applicable LTE Site 24 hours
per day, 7 days per week without notice. Each LTE Site shall be used only for the
purposes authorized by this Section 2.01, and such other purposes as are directly
related thereto, and for no other purposes whatsoever (collectively the "Permitted
Activities").
2.02 fhe LA-RICS AUTHORIry shall ensure that all usage of the LTE Site and/or
the Real Property hereunder, including without limitation usage by its member agencies,
officers, agents, contractors and employees, including the LTE Vendor and the First Net
Parties, is in compliance with all terms and conditions of this Agreement.
2.03 Nothing contained in this Agreement shall be deemed or construed in any
way to limit the Owner's authority to exercise any right or power concerning the
utilization of the Real Property including without limitation the LTE Site; provided,
however, that such Owner authority shall not include the exercise of any right or power
that would materially interfere with the LA-RICS Facility for the purposes provided in
this Agreement.
3 APPROVALS/DESIGN REVIEW
The LA-RICS AUTHORITY shall furnish and submit to Owner copies of project
plans and specifications (along with any other information reasonably requested by
Owner) forthe LTE Site atthe 50Yo,75o/o, and '100% stages of design development, for
Owner's review and approval. LA-RICS AUTHORITY agrees to discuss with Owner the
Owner's concerns, if any, regarding the proposed plans and to work in good faith to
address such concerns prior to implementation of said plans. lf Owner's concerns cannot
be resolved to the satisfaction of the parties, then the rights provided by this agreement
shall be terminated upon 30 days written notice to the other party.
Upon the Owner's and LA-RICS AUTHORIW's approval of the final site plan for
the LTE Site, such final site plan will be deemed incorporated herein by reference as
Exhibit C (Site Plan). Any and all construction drawings attached hereto as Exhibit C
upon commencement of this Agreement will be replaced by a future set of drawings/final
site plan pending applicable building permit process(es) and final approval by Owner and
deemed incorporated herein as the final Exhibit C. Owner and the LA-RICS AUTHORITY
acknowledge that the LA-RICS AUTHORITY is a California joint powers authority whose
members have specified, pursuant to Section 4.04 of its Joint Powers Agreement and
Section 6509 of the California Government Code, that all common powers exercised by
the LA-RICS AUTHORITY's Board of Directors shall be exercised in a manner consistent
with, and subject to all the restrictions and limitations upon the exercise of such powers,
HOA1112427 1 3
as are applicable to the County of Los Angeles ("County") (i.e., the LA-RICS AUTHORITY
has adopted the County's operating mode). Accordingly, Owner and the LA-RICS
AUTHORITY agree that the LA-RICS AUTHORITY (i) will comply with the Owner's City
Building Code requirements and (ii) will seek only those governmental approvals that
would normally apply to the County, other than with respect to ministerial permits as
described below. Notwithstanding the foregoing, the parties agree that their cooperation
in addressing any concerns raised by the Owner is essential to the success of the LA-
RICS project and that Owner's prior approval of the site plans and specifications is
required prior to construction of same, as described in Section 3 (Approvals/Design
Review) and in Section 8 (Alterations).
Should ministerial permits be required, Owner shall expeditiously process such
permits within its jurisdiction. To the extent there may be costs associated with Owner's
review, such costs will be paid by LA-RICS AUTHORITY. The LA-RICS AUTHORITY
may perform and obtain, at the LA-RICS AUTHORITY's sole cost and expense, soil
borings, percolation tests, engineering reports, environmental investigations or other tests
or reports on, over, and under each LTE Site to the extent necessary to proceed with
design, construction, or for compliance with the California Environmental Quality Act
and/or the National Environmental Policy Act, and/or to determine if the LA-RICS
AUTHORITY's use of the LTE Site will be compatible with the LA-RICS AUTHORITY's
engineering specifications and design and operational requirements. Owner shall work
cooperatively and expeditiously with the LA-RICS AUTHORITY to complete review of any
project plans and specifications, so as not to delay the design and construction of the LA-
RICS Facility. ln performing such tests, LA-RICS AUTHORITY shalldisturb the LTE Site
only to the extent reasonably necessary and shall, to the extent reasonably practicable,
return the site to its original condition.
4.TERM
The term ("Term") of the Agreement shall commence upon full execution of this
Agreement ("Commencement Date") and shall terminate upon written notice of
termination (a) by LA-RICS AUTHORITY (b) by Owner pursuant to Section 28 (Default)
of this Agreement.
5. CONSIDERATION
The consideration for the use granted herein shall be LA-RICS AUTHORITY's
compliance with all of the terms and conditions of this Agreement.
6. CONDITIONS PRECEDENT TO INSTALLATION OR ALTERATIONS OF
EQUIPMENT
A. Owner shall have the opportunity to review and approve all project plans and
specifications for the LA-RICS AUTHORITY's proposed alterations of the
equipment comprising the LA-RICS Facility (not including "like-kind"
replacements) after LA-RICS AUTHORITY's initial installation of the LA-RICS
HOA.1',t'12427.1 4
Facility on the LTE Site. ln addition, Owner shall have the right to inspect said
equipment and the LTE Site at any time during and after installation upon not
less than 24 hours prior written notice to the LA-RICS AUTHORITY (except in
cases of emergency pursuant to Section 14 hereof (Emergency Access) and,
at LA-RICS AUTHORITY's option, with the right to require an LA-RICS
AUTHORITY representative to accompany Owner during any such inspection
of or access to a LTE Site. The LA-RICS AUTHORITY shall not commence
installation of equipment or alteration of a LTE Site, or any portion thereof, until
the Owner has reviewed and approved the plans and specifications. Owner's
review and approval of the plans shall not release the LA-RICS AUTHORITY
from the responsibility for, or the correction of, any errors, omissions or other
mistakes that may be contained in the plans and specifications. The LA-RICS
AUTHORITY shall be responsible for notifying Owner and all other relevant
parties immediately upon discovery of such omissions and/or errors. The LA-
RICS AUTHORITY shall not cause or permit any change of any equipment
installed by the LA-RICS AUTHORITY on a LTE Site including power outputs
or changes in the use of frequencies described in Exhibit B hereto (Equipment
List), but not including "like-kind" replacements, except after Owner has been
provided an opportunity to review and approve such plans and specifications.
B. Notwithstanding any other provision in this agreement to the contrary, in no
event shall LA-RICS Authority install or operate, or allow the installation or
operation of any equipment or other technology by or for third parties, or for
any purpose other than that directly within the purposes of the LA-RICS
authority, unless the City has expressly authorized such installation or
operation in writing in advance. For example, LA-RICS may not authorize a
third party telecommunication company (a "co-locator") to install its own
wireless telecommunication equipment anywhere on the Real Property. This
subsection shall not be interpreted as prohibit LA-RICS from hiring a private
', p?rty to install equipment for the sole use of LA-RICS.
7. INSTALLATION
7.01 LA-RICS AUTHORITY shall install the LA-RICS Facility at its own expense
and risk as approved by Owner in accordance with the terms hereof, and such
installation shall not cause radio frequency interference with equipment, transmission
or reception (operated currently or in the future) by the Owner. LA-RICS AUTHORITY
and/or its agent shall install interference protection devices such as isolators, cavities,
circulators, or combiners as required or recommended by accepted industry practices.
Each component of the LA-RICS Facility shall be clearly identified with LA-RICS
AUTHORITY's and, as applicable, member agency, LTE Vendor, and/or First Net
Party's name, address, telephone number, Federal Communications Commission
("FCC") Agreement and frequencies in use. Such identification shall be attached to
each component of the LA-RICS Facility in plain view.
HOA1112427 1 5
7.02 LA-RICS AUTHORITY agrees that Owner may grant the use of any unused
portion of the Real Property to any third party for any purpose, so long as such uses do
not conflict or interfere with LA-RICS AUTHORITY's operations as provided for by this
Agreement. Any third party granted rights by the Owner shall be required to comply
with all applicable noninterference rules of the FCC.
7.03 Owner reserves the right, at its expense, to install on the Real Property,
including without limitation within the LTE Site, its own communications shelter,
telecommunication equipment, and appropriate tower space for telecommunications
and/or microwave (collectively, the "Owner Facilities") so long as the installation of said
Owner Facilities does not unreasonably interfere with LA-RICS AUTHORITY's
operations. LA-RICS AUTHORITY and Owner agree to make commercially reasonable
efforts to resolve any radio frequency interference issues with equipment, transmission
or reception caused by the installation of the Owner Facilities.
7.04 LA-RICS AUTHORITY accepts the LTE Site in an "as is" condition as of the
date of full execution of this Agreement. LA-RICS AUTHORITY shall have the right to
finance and construct approved equipment and related improvements on the LTE Site
at LA-RICS AUTHORITY's sole cost and expense, except as may be provided
otherwise by other agreements. Following the construction and installation of LA-RICS
AUTHORITY's infrastructure, shelter, equipment, and related improvements, LA-RICS
AUTHORITY may thereafter, at its sole cost and expense, perform construction,
maintenance, repairs, additions to, and replacements of its equipment as necessary
and appropriate for its ongoing business and has the right to do all work necessary to
prepare, modify and maintain the LTE Site to accommodate LA-RICS AUTHORITY's
infrastructure, shelter, equipment, and related improvements and as required for LA-
RICS AUTHORITY's operations of the LA-RICS Facility at the LTE Site, including any
structural upgrades required to accommodate LA-RICS AUTHORITY's infrastructure,
, equipment, and related improvements on the LTE Site.
7.05 Upon completion of the installation of the equipment comprising the LA-
RICS Facility at the LTE Site or modification thereof, LA-RICS AUTHORITY shall
provide Owner with as-built drawings of the LA-RICS Facility ("As-Builts"). Such As-
Builts shall include the location of any of LA-RICS AUTHORITY shelters, cabinets,
grounding rings, cables, and utility lines associated with LA-RICS AUTHORITY use of
the LTE Site in CAD and PDF formats. Upon receipt and approval of the As-Builts by
Owner, the As-Builts shall be deemed incorporated herein by reference as updates to
Exhibit C (Site Plan). ln the event that LA-RICS AUTHORIry fails to deliver the As-
Builts as required by this section within ten business days of receipt of written notice,
Owner may cause such As-Builts to be prepared on behalf of LA-RICS AUTHORITY
and Owner shall assess a fee for such As-Builts, the cost of which shall become
immediately due and payable to Owner upon invoice accompanied by supporting
documentation of such fee.
HOA 1112427 1 6
8. ALTERATIONS
LA-RICS AUTHORITY shall make no renovations, alterations or improvements to
the LTE Site or the Real Property other than to install, maintain, replace and operate the
LA-RICS Facility in accordance with the documentation attached hereto as Exhibits A
(Site List), B (Equipment List), and C (Site Plan) and/or as permitted elsewhere herein,
without providing prior written notice to Owner, provided that such renovations,
alterations, or improvements shall be consistent with the authorized use set forth in
Section 2.02hereof. Notwithstanding the foregoing, however, it is understood and agreed
that LA-RICS AUTHORITY shall have the right to: (a) make repairs and replacements of
"like-kind" infrastructure, shelters, equipment, and/or related improvements without
providing notice to the Owner, and (b) perform any alterations or modifications that may
be required pursuant to the Spectrum Manager Lease Agreement between LA-RICS
AUTHORITY and the First Net Parties dated July 1, 2013 (the "Spectrum Lease
Agreement") or that may be required as a result of FCC rules or regulations, after
providing notice to the Owner. LA-RICS AUTHORITY agrees to submit to the Owner, for
review and approval, all plans and specifications, working drawings, and other information
reasonably required by the Owner covering proposed alterations by LA-RICS
AUTHORITY. All work to be done by LA-RICS AUTHORITY shall be performed in
accordance with the plans provided to and approved (where required) by Owner.
9. MAINTENANCE
Owner shall be responsible for maintenance of the Real Property, exclusive of the
LTE Site, and such maintenance responsibility shall include general upkeep, landscaping,
lawn-mowing, and related maintenance activities. The LTE Site shall be kept neat and
clean by LA-RICS AUTHORITY and ready for normal use by Owner and other users.
Should LA-RICS AUTHORITY fail to accomplish this, following 30 days written notice
from Owner, Owner may perform the work and LA-RICS AUTHORITY shall pay the cost
thereof upon written demand by Owner.
LA-RICS AUTHORITY shall be responsible for the timely repair of all damage to
the LTE Site or the Real Property caused by its use thereof, including use by the LA-RICS
AUTHORITY, its employees, agents or business vendors, including without limitation the
LTE Vendor. Should LA-RICS AUTHORITY fail to promptly make such repairs after 30
days written notice from Owner, Owner may have repairs made and LA-RICS
AUTHORITY shall pay the cost thereof upon written demand by Owner.
10. CONSTRUCTIONSTANDARDS
lnstallation and maintenance of LA-RICS AUTHORITY's equipment including
without limitation the LA-RICS Facility shall be performed in a neat and workmanlike
manner and shall at alltimes comply in all respects to the statutes, laws, ordinances and
regulations of any governmental authority having jurisdiction which are applicable to the
installation, construction, operation and maintenance of LA-RICS AUTHORITY's
equipment, including but not limited to the Owner's City Building Code.
HOA 1112427.1 7
LA-RICS AUTHORITY shall remove any debris to the extent resulting from its or
its agents' or contractors' (including without limitation the LTE Vendor) use of the LTE
Site. ln the event that LA-RICS AUTHORITY fails to remove such debris from the LTE
Site, Owner shall provide written notice to LA-RICS AUTHORITY and allow LA-RICS
AUTHORITY ten business days after receipt of notice to remove such debris. After the
expiration of such ten-business day period, Owner shall cause such debris to be removed
and invoice LA-RICS AUTHORITY for the reasonable costs of said removal.
11, OTHEROPERATIONALRESPONSIBILITIES
11.01 As applicable, LA-RICS AUTHORITY or its LTE Vendor or the First Net
Parties shall:
(a) Comply with and abide by all applicable rules, regulations and
directions of Owner.
(b) At all times hold a valid FCC Agreement for the Permitted Activities
and comply with all applicable City and County ordinances and all State and Federal laws,
and, in the course thereof, obtain and keep in effect all required permits and Agreements
required to engage in the Permitted Activities on the'LTE Site.
(c) Conduct the Permitted Activities in a courteous and non-profane
manner, operate without interfering with the use of the Real Property by Owner or the
public, except as herein permitted, and remove any agent, invitee or employee who fails
to conduct Permitted Activities in the manner heretofore described.
(d) Assume the risk of loss, damage or destruction to the LA-RICS
Facility and any and allfixtures and personal property belonging to LA-RICS AUTHORITY
that are installed or placed within the LTE Site, unless such loss, damage or destruction
was caused by the negligent or willful act or omission of the Owner, its agents, employees
or contractors.
12. RELOCATION
12.01 Owner shall have the right to request relocation of the LA-RICS Facility or
any portion thereof during the term hereof to another location on the Real Property
("Alternate Site"), provided:
(a) the Alternate Site: (i) is substantially similar to LA-RICS
AUTHORITY's current LTE Site in size, (ii) is compatible with LA-RICS AUTHORITY's
use pursuant to Section 2 hereof, and (iii) does not interfere with any portion of the LA-
RICS Facility or the LA-RICS system or equipment;
(b) Owner shall pay all costs incurred by LA-RICS AUTHORITY for
relocation of LA-RICS AUTHORITY's equipment from the LTE Site to the Alternate Site
and any improvement of the Alternate Site to make it substantially similar to the LTE Site,
including all costs incurred to obtain all of the certificates, permits, and other approvals
HOA.11 12427 1
that may be required by any agency having jurisdiction, including costs required to comply
with CEQA and the National Environmental Policy Act (NEPA), as applicable, prior to any
activity at an Alternate Site that would constitute a "project" as that term is defined in Title
14, Section 15378 of the California Code of Regulations, as well as any soil boring tests
needed to permit LA-RICS AUTHORITY's use of the Alternate Site;
(c) Owner shall give LA-RICS AUTHORITY at least six (6) months
written notice before requiring relocation; and
(d) LA-RICS AUTHORITY's use pursuant hereto will not be interrupted
and LA-RICS AUTHORITY shall be allowed, if necessary, to place temporary equipment
on the Real Property during the relocation.
12.02 LA-RICS AUTHORITY shall have the right to request relocation of the LA-
RICS Facility or any portion thereof to an Alternate Site on the Real Property pursuant to
LA-RICS AUTHORITY's obligations underthe Spectrum Lease Agreement, provided that:
(a) the Alternate Site: (i) is substantially sinnilar to LA-RICS
AUTHORITY's current LTE Site in size, (ii) is compatible with LA-RICS AUTHORITY's
use pursuant to Section 2 hereof, and (iii) in the City's sole and good faith determination,
the City finds that use of the Alternate Site does not unreasonably interfere with the City's
use of the Real Property;
(b) LA-RICS AUTHORITY shall pay all costs relating to relocation of LA-
RICS AUTHORITY's equipment from the LTE Site to the Alternate Site and any
improvement of the Alternate Site to make it substantially similar to the LTE Site, including
all costs incurred to obtain all of the certificates, permits, and other approvals that may be
required by any agency having jurisdiction, including the City of Vernon, including costs
required to comply with CEQA and the National Environmental Policy Act (NEPA), as
applicable, prior to any activity at an Alternate Site that would constitute a "project" as that
term is defined in Title 14, Section 15378 of the California Code of Regulations, as well
as any soil boring tests needed to permit LA-RICS AUTHORITY's use of the Alternate
Site;
(c) LA-RICS AUTHORIW shall give Owner at least six (6) months
written notice of the requested relocation.
13. ACCESS TO LTE SITE
13.01 Owner hereby grants to the LA-RICS AUTHORITY, its member agencies,
the LTE Vendor, the First Net Parties, and other agents a nonexclusive right to use, at
their sole risk, during the term and option period of this Agreement, the access which
seryes the LTE Site ("Access"). The LA-RICS AUTHORITY, on behalf of itself and its
member agencies, the LTE Vendor, and the First Net Parties, acknowledge and accept
the present condition of the Access on an "as is" basis. The LA-RICS AUTHORITY
shall provide Owner with notice of all of its representatives or agents who are authorized
to access the LTE Site pursuant to this Section.
HOA 1112427.1
13.02 LA-RICS AUTHORITY acknowledges and agrees that occasions may
arise requiring the LA-RICS AUTHORITY to share in the cost of cleaning up of mud-
slide debris and repairing the Access to its original accessible condition after a storm or
heavy rainfall. LA-RICS AUTHORITY hereby agrees to pay its reasonable
proportionate share of such clean-up repair costs within thirty (30) days of receipt of an
invoice from Owner, and acknowledges and agrees that the details of any such clean-
up or repair and associated cost may be disclosed to LA-RICS AUTHORITY by Owner
upon at least thirty (30) days' notice. Notwithstanding the foregoing, the LA-RICS
AUTHORITY's financial burden pursuant to this Section shall not exceed five thousand
dollars ($5,000) per incident.
14. EMERGENCYACCESSBYOWNER
The Owner and its authorized agents may access the LTE Site at any time for the
purpose of inspection and/or for making emergency improvements or repairs to the LTE
Site orto interrupt orterminate LA-RICS AUTHORITY's transmission(s) from the LTE Site
should LA-RICS AUTHORITY be unable or unwilling to respond to Owner's request to
take immediate action to correct any deficiency which threatens Owner's operation on the
LTE Site, provided that Owner shall endeavor to provide a 24-hour prior notice to LA-
RICS AUTHORITY and shall access the LTE Site in the presence, if possible, of an LA-
RICS AUTHORITY representative, if provided by LA-RICS AUTHORITY.
Notwithstanding the foregoing, Owner shall not be required to provide notice to LA-RICS
AUTHORITY prior to entering the LTE Site due to an emergency; provided, however, that
under no circumstance shall the Owner access LA-RICS AUTHORITY's equipment
cabinets. Owner shall use its best efforts to minimize any inconvenience or disturbance
to LA-RICS AUTHORIry when entering the LTE Site. LA-RICS AUTHORITY shall
reimburse Owner within thirty (30) days of receipt of Owner's written request for Owner's
actual costs to correct any deficiency that is corrected by Owner pursuant to this Section.
15, RADIOFREQUENCYEMISSIONS/INTERFERENCE
15.01 No lnterference. LA-RICS AUTHORITY shall not use the LTE Site in any
way which causes radio frequency ("RF") interference in excess of levels permitted by
the FCC, or othenrvise interferes with the use of the Property by Owner or Owner's
agents, invitees or other licensees or users who may occupy portions of the Real
Property at the time this Agreement is entered into. LA-RICS AUTHORITY shall be
responsible for electromagnetic compatibility of LA-RICS AUTHORITY's equipment with
existing and future equipment at the Real Property.
15.02 lnterference With Public Safety Systems. ln the event of any
interference with Owner's Police or Fire Department, CWIRS, Paramedic or LAnet
systems, or any future public safety-related systems, which is caused by LA-RICS
AUTHORITY's equipment or operations, LA-RICS AUTHORITY shall be immediately
notified by Owner of such interference. Following such notification, the parties will
cooperatively discuss and reach agreement on how such interference will be resolved
at LA-RICS AUTHORITY's sole cost. ln no event shall LA-RICS AUTHORITY be able
HOA 1112427 1 10
to continue such interference beyond the 7th day after issuance of the notice, unless
expressly authorized by the City in writing.
15.03 lnterference With Non-Public Safety Systems. ln the event LA-RICS
AUTHORITY's operations or equipment causes material interference with non-public
safety-related systems of Owner or any other duly authorized occupant of the Real
Property, written notice of such interference shall be provided to LA-RICS AUTHORITY.
Following such notification, the parties will cooperatively discuss and reach agreement
on how such interference will be resolved at LA-RICS AUTHORITY's sole cost. Any
occupant of the Real Property, including the City, who currently has or in the future
takes possession of the Real Property will be permitted to install only such radio
equipment on the Real Property that is of the type and frequency which will not cause
measurable harmful interference with the existing equipment of LA-RICS AUTHORITY.
ln no event shall LA-RICS AUTHORITY be able to continue such interference beyond
the 30th day after issuance of the notice, unless expressly authorized by the City in
writing.
15.04 lnterference During Emergency. lf any measurable interference caused
by LA-RICS AUTHORITY's equipment with Owner's electronic equipment during an
emergency incident occurs, the LA-RICS AUTHORITY will immediately cease
operation, transmission or further use of LA-RICS AUTHORITY's equipment until such
time as the emergency incident or interference has ended but LA-RICS AUTHORITY
shall be permitted to power up its equipment for intermittent testing with notice.
15.05 Compliance With Law. LA-RICS AUTHORITY is aware of its obligation
to comply with all applicable rules and regulations of the FCC pertaining to RF emissions
standards, as well as applicable rules and/or regulations of any other federal or state
agency (including without limitation the Occupational Safety and Health Administration
C'OSHA) having jurisdiction over the installation, operation, maintenance and/or
working conditions involving the LTE Site. LA-RICS AUTHORITY agrees to be solely
responsible for compliance with all applicable FCC and other governmental
requirements with respect to its use of the LTE Site. LA-RICS AUTHORITY will
immediately remedy its operations to comply with such applicable laws, rules and
regulations as they apply to its operations, individually and in the aggregate, with all
applicable FCC and other applicable governmental RF emissions standards, but shall
only be liable for any violations of such applicable standards to the extent arising solely
from LA-RICS AUTHORITY's use of the LTE Site alone and not in combination with
others. Where LA-RICS AUTHORITY's use of the LTE Site, in combination with others,
exceed or violates such standards, LA-RICS AUTHORITY shall reasonably cooperate
with Owner and with other relevant parties to mitigate such violations in a timely manner.
16. UTILITIES
LA-RICS AUTHORITY shall, at its sole cost and expense, cause the installation of
any utility service line required by or for the conduct of the Permitted Activities, and shall
be responsible for the payment of all utilities necessary for the operation of the LA-RICS
HOA 1112427 1 11
Facility on the LTE Site. lf such installation is not feasible, as determined by Owner, LA-
RICS AUTHORITY acknowledges and agrees that LA-RICS AUTHORITY nonetheless
shall be responsible for any all costs of utilities used by LA-RICS AUTHORITY, which
costs will be invoiced by Owner and paid by LA-RICS AUTHORITY within thirty (30) days
of its receipt of such invoice.
17, HOLD HARMLESS AND INDEMNIFICATION
LA-RICS AUTHORITY agrees to indemnify, defend, save and hold harmless
Owner and its agents, elected and appointed officers, employees, and contractors from
and against any and all liability, expense (including, without limitation, defense costs and
legal fees), and claims for damages of any nature whatsoever, including, without
limitation, bodily injury, death, personal injury, or property damage arising from or
connected with LA-RICS AUTHORITY's operations or its services hereunder, including,
without limitation, any Workers' Compensation suit, liability, or expense, arising from or
connected with any action relating to this Agreement, including services performed on
behalf of LA-RICS AUTHORITY by any person pursuant to this Agreement including
without limitation the LTE Vendor.
Owner agrees to indemnify, defend, save and hold harmless LA-RICS
AUTHORITY and its member agencies, agents, elected and appointed officers,
employees, and contractors from and against any and all liability, expense (including,
without limitation, defense costs and legal fees), and claims for damages of any nature
whatsoever, including, without limitation, bodily injury, death, personal injury, or property
damage, to the extent caused by the negligence or willful misconduct of Owner and/or its
agents, elected and appointed officers, employees, and contractors in connection with
the performance of Owner's obligations hereunder.
18. INSURANCE
18.01 Without limiting I-A-RICS AUTHORITY's obligations to Owner, LA-RICS
AUTHORITY shall provide and maintain, at its own expense during the term of this
Agreement, the following program(s) of insurance covering its operations hereunder.
Such insurance shall be provided by insurer(s) satisfactory to the Owner's Risk
Manager, and evidence of such programs satisfactory to the Owner Risk Manager, shall
be delivered to the City's Risk Manager, Paul Kiehl, on or before the effective date of
this Agreement. Such evidence shall specifically identify this Agreement and shall
contain express conditions that Owner is to be given written notice at least thirty (30)
days in advance of any modification or termination of any provisions of insurance and
shall name the Owner as an additional insured (except for the Workers'Compensation
lnsurance). LA-RICS AUTHORITY may self-insure the insurance required under this
Agreement, but LA-RICS AUTHORITY will require its contractors and subcontractors to
provide commercial insurance as required in the Section, and any additional insurance
required by LA-RICS AUTHORITY of its contractor(s) and/or subcontractor(s), shall
name the Owner as an additional insured.
HOA.11 12427 1 12
(a) General Liabilitv. A program of insurance which shall be primary to
and not contributing with any other insurance maintained by Owner, written on ISO policy
form CG 00 01 or its equivalent, and endorsed to name the Owner as an additional
insured, and shall include, but not be limited to:
(1) Comprehensive general liability insurance endorsed
for Site-operations, products/completed operations, contractual, broad form property
damage, and personal injury with a limit of not less than
General Aggregate:$2 million
Products/Completed OperationsAggregate: $2 million
(2) Automobile Liabilitv insurance (written on ISO form CA
00 01 or its equivalent) with a limit of liability of not less than $1 million for each accident,
and providing coverage for all "owned," "hired" and "non-owned" vehicles, or coverage
for "any auto," used in LA-RICS AUTHORITY's business operations.
(b) Workers Compensation. lf applicable, a program of workers'
compensation insurance in an amount and form to meet all applicable requirements of
the labor code of the State of California, and which specifically covers all persons
providing services on behalf of I-A-RICS AUTHORITY and all risks to such persons under
the Agreement.
Personal and Advertising lnjury:
Per occurrence
Each Accident:
Disease - policy limit:
Disease - each employee:
$1 million
$ 1 million
$1 million
$1 million
$1 million
(c) Gommercial Propertv lnsurance. Such coveraqe shall:
. Provide coverage for Owner's property, and any improvements and betterments;
This coverage shall be at least as broad as that provided by the Causes-of-Loss
Special Form (lSO form CP 10 30), including Ordinance or Law Coverage, flood,
and Business lnterruption equal to at least $2,000,000;
. Be written for the full replacement cost of the property, with a deductible no greater
than $250,000 or 5% of the property value whichever is less. lnsurance proceeds
shall be payable to the Owner and LA-RICS AUTHORITY as their interests may
appear and be utilized for repair and restoration of the Premises. Failure to use
HOA 1112427 1 IJ
such insurance proceeds to timely repair and restore the Premises shall constitute
a material breach of the Agreement.
(d) Gonstruction Insurance. lf major construction work is performed by
LA-RICS AUTHORITY during the term of this Agreement (i.e. demolition of structures,
construction of new structures, renovation or retrofit involving structures frame, foundation
or supports, or more than 50% of building, etc.) then LA-RICS AUTHORITY or LA-RICS
AUTHORITY's contractor shall provide the following insurance. Owner shall determine
the coverage limits required on a project by project basis:
. Builder's Risk Course of Construction lnsurance. Such
coverage shall insure against damage from perils covered by the
Causes-of-Loss Special Form (lSO form CP 10 30). This insurance
shall be endorsed to include earthquake, flood, ordinance or law
coverage, coverage for temporary offsite storage, debris removal,
pollutant cleanup and removal, testing, preservation of property,
excavation costs, landscaping, shrubs and plants, and full collapse
coverage during construction, without restricting collapse coverage
to specified perils. Such insurance shall be extended to include boiler
& machinery coverage for air conditioning, heating and other
equipment during testing. This insurance shall be written on a
completed-value basis and cover the entire value of the construction
project, including Owner furnished materials and equipment, against
loss or damage until completion and acceptance by the LA-RICS
AUTHORITY and the Owner if required.
. General Liability lnsurance. Such coverage shall be written on ISO
policy form CG 00 01 or its equivalent, naming Owner as an
additional insured, with limits of not less than the following:
GeneralAggregate: $50 million
Products/Completed Operations Aggregate: $50 million
Personal and Advertising lnjury: $25 million
Each Occurrence: $25 million
The Products/Completed Operations coverage shall continue to be
maintained in the amount indicated above for at least two (2) years
from the date the Project is completed and accepted by the LA-RICS
AUTHORITY and the Owner if required.
o Automobile Liability. such coverage shall be written on ISO policy
form CA 00 01 or its equivalent with limits of not less than $5 million
for bodily injury and property damage, in combined or equivalent split
limits, for each single accident. such insurance shall cover liability
arising out of LA-RICS AUTHORITY's or LA-RICS AUTHORITY's
HOA 1112427.1 14
contractor use of autos pursuant to this lease, including owned,
leased, hired, and/or non-owned autos, as each may be applicable.
. Professional Liability. Such insurance shall cover liability arising
from any error, omission, negligent, or wrongful act of the LA-RICS
AUTHORITY's contractor and/or licensed professional (i e
architects, engineers, surveyors, etc.) with limits of not less than $5
million per claim and $10 million aggregate. The coverage shall also
provide an extended two-year reporting period commencing upon
expiration, termination or cancellation of the construction project.
r Workers Compensation and Employers' Liability lnsurance or
qualified self-insurance satisfying statutory requirements. Such
coverage shall provide Employers' Liability coverage with limits of
not less than $1 million per accident. Such policy shall be endorsed
to waive subrogation against the Owner for injury to the LA-RICS
AUTHORITY's or LA-RICS AUTHORITY's contractor employees. lf
the LA-RICS AUTHORITY's or LA-RICS AUTHORITY's contractor
employees will be engaged in maritime employment, the coverage
shall provide the benefits required by the U.S. Longshore and Harbor
Workers Compensation Act, Jones Act or any other federal law to
which the LA-RICS AUTHORITY is subject. lf LA-RICS AUTHORITY
or LA-RICS AUTHORITY's contractorwill provide leased employees,
or, is an employee leasing or temporary staffing firm or a professional
employer organization (PEO), coverage also shall include an
Alternate Employer Endorsement (providing scope of coverage
equivalent to ISO policy form WC 00 03 01 A) naming the Owner as
the Alternate Employer, and the endorsement form shall be modified
to provide that Owner will receive not less than thirty (30) days
advance written notice of cancellation of this coverage provision.
18.02 lnsurer Financial Ratinqs. lnsurance is to be provided by an insurance
company acceptable to Owner with an A.M. Best rating of not less than A:Vll, unless
otherwise approved by Owner.
18.03 Failure to Maintain Coveraqe. Failure by LA-RICS AUTHORITY to
maintain the required insurance, or to provide evidence of insurance coverage
acceptable to Owner, shall constitute a material breach of this Agreement.
18.04 Notification of lncidents. Claims or Suits. LA-RICS AUTHORITY shall
report to Owner any accident or incident relating to activities performed under this
Agreement which involves injury or property damage which might reasonably be
thought to result in the filing of a claim or lawsuit against LA-RICS AUTHORITY and/or
Owner. Such report shall be made in writing within 72 hours of LA-RICS AUTHORITY's
knowledge of such occurrence.
HOA 1112427 1 15
18.05 Compensation for Owner Costs. ln the event that LA-RICS AUTHORITY
fails to comply with any of the indemnification or insurance requirements of this
Agreement, and such failure to comply results in any costs to Owner, LA-RICS
AUTHORITY shall pay full compensation for all reasonable costs incurred by Owner.
19. FAILURE TO PROCURE INSURANCE
19.01 Failure on the part of LA-RICS AUTHORITY to procure or maintain the
required program(s) of insurance shall constitute a material breach of contract upon
which Owner may immediately terminate this Agreement, or at its discretion, procure or
renew such insurance and pay any and all premiums in connection therewith, and all
monies so paid by Owner shall be repaid by LA-RICS AUTHORITY to Owner upon
demand.
19.02 Use of the LTE Site shall not commence until LA-RICS AUTHORITY has
complied with the aforementioned insurance requirements, and shall be suspended
during any period that LA-RICS AUTHORITY fails to maintain said insurance policies in
full force and effect.
20, TAXES
20.01 The interest (as defined in California Revenue and Taxation Code
Section 107) in the LTE Site created by this Agreement may be subject to property
taxation if created. The party in whom the property interest is vested may be subject to
the payment of the property taxes levied on the interest. For example, if possessory
interest taxes must be paid in relation to the LTE site, then LA-RICS AUTHORITY shall
pay such taxes.
20.02 LA-RICS AUTHORITY shall pay before delinquency all lawful taxes,
assessments, fees or charges which at any time may be levied by the Federal, State,
Owner, City, or any other tax or assessment-levying body upon the LTE Site arising
from LA-RICS AUTHORITY's use of the LTE Site.
20.03 lf LA-RICS AUTHORITY fails to pay any lawful taxes or assessments
upon the LTE Site which LA-RICS AUTHORITY is obligated to pay, LA-RICS
AUTHORITY will be in default of the Agreement.
20.04 Owner reserves the right to pay any such tax, assessment, fees or charges,
and all monies so paid by Owner shall be repaid by LA-RICS AUTHORITY to Owner upon
demand. LA-RICS AUTHORITY and Owner agree that this is not a lease and no real
estate interest is being conveyed herein.
21. NOTICES
Notices desired or required to be given pursuant to this Agreement or by any law
now in effect shall be given by enclosing the same in a sealed envelope, Certified Mail -
Return Receipt Requested, addressed to the party for whom intended and depositing
HOAj112427.1 16
such envelope, with postage prepaid, in the U.S. Post Office or any substation thereof, or
any public letter box, and any such notice and the envelope containing the same, shall
be addressed to LA-RICS AUTHORITY as follows:
LA-RICS AUTHORITY
2525 Corporate Place, Second Floor
Monterey Park, California 91754
ATTN: Executive Director
or such other place as may hereinafter be designated in writing by LA-RICS AUTHORITY.
24-hour emergency contact information for LA-RICS is as follows:
CONSTRUCTION PERIOD: Patrick J. Mallon, (626) 969-6163
N ETWORK OP ERATIONS CENTER (Post-Construction) :
Lieutenant Mark Wilkins, (323) 351-6507
The notices and the certificate of insurance and envelopes containing the same to the
Owner shall be addressed as follows:
City of Vernon
ATTN: Daniel Calleros, Chief of Police
4305 Santa Fe Ave
Vernon, CA 90058
24-hour emergency contact information for OWNER is as follows (Post-
Construction):
Vernon Police Dispatch Center: (323) 587-5171
or such other place as may hereinafter be designated in writing by Owner.
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing. Notices may also be provided by electronic mail or facsimile
transmission, provided that such notices are followed up with a copy sent via US Mail.
22. LA.RICS FACILITY REMOVAL
22.01 LA-RICS AUTHORITY shall remove all of its LA-RICS Facility and personal
and improvements from the LTE Site and the Real Property and restore the LTE Site to
its original condition, reasonable wear and tear and damage or destruction by the acts of
God beyond the control of LA-RICS AUTHORITY excepted, on or before the expiration
of this Agreement, unless this Agreement is othenruise terminated or cancelled prior to the
expiration date provided herein, in which case LA-RICS AUTHORITY shall remove from
the LTE Site and the Real Property all of its LA-RICS Facility and personal property and
HOAj112427.1 17
improvements and restore the LTE Site to its original condition, reasonable wear and tear
and damage or destruction by the acts of God beyond the control of LA-RICS
AUTHORITY excepted, within ninety (90) days of the cancellation. lf weather conditions
or lack of access to the LTE Site render the timely removal of LA-RICS AUTHORITY's
property impossible, then LA-RICS AUTHORITY shall have thirty (30) days from the
earliest date on which access is possible in which to comply with this provision.
22.02 ll LA-RICS AUTHORITY does not timely remove all of its LA-RICS Facility,
personal property and improvements from the LTE Site and the Real Property within the
time provided in this section, Owner may, but shall not be required to, remove the LA-
RICS Facility and all personal property and improvements at LA-RICS AUTHORITY's
expense. LA-RICS AUTHORITY shall reimburse Owner within thirty (30) days of receipt
of an itemized accounting of the cost for such removal of personal property and
improvements. Owner shall incur no liability for any damage to the LA-RICS Facility
during removal or storage.
23. INDEPENDENTSTATUS
This Agreement is by and between Owner and LA-RICS AUTHORITY and is not
intended and shall not be construed to create the relationship of agent, servant,
employee, partnership, joint venture or association as between Owner and LA-RICS
AUTHORITY. LA-RICS AUTHORITY understands and agrees to bear the sole
responsibility and liability for furnishing Workers' Compensation with respect to services
performed on behalf of LA-RICS AUTHORIry pursuant to this Agreement.
24. AMENDMENT
Any modification of any of the terms and conditions hereof shall require a written
amendment signed by an authorized agent of the LA-RICS AUTHORITY and an
authorized agent of Owner.
25, ASSIGNMENT
25.01 This Agreement may not be sold, assigned or transferred by LA-RICS
AUTHORITY without the approval or consent of the Owner, which consent may not be
unreasonably withheld or conditioned.
25.02 To effect an assignment or transfer pursuant to this Section 25
(Assignment), LA-RICS AUTHORITY shall first deliver to the Owner:
(i) A written request for approval;
(ii) The name, address, and most recent financial statements of
the proposed transferee, assignee or sublicensee;
(iii) Proposed unredacted instrument of transfer or assignment
or any or all of its rights hereunder; and
floA1112427 I 18
(iv) Any other information reasonably requested by the Owner.
25.03 Owner shall approve or disapprove a proposed transfer, assignment or
sublicense within sixty (60) days after LA-RICS AUTHORITY delivers all such items to
the Owner. Owner's failure to respond to any request pursuant to this Section shall be
deemed disapproval of said request.
25.04 ln the case of an assignment of this Agreement, the proposed instrument
shall include a written assumption by the assignee of all obligations of LA-RICS
AUTHORITY under the Agreement arising thereafter and assignee shall be liable to
perform the full obligations of the LA-RICS AUTHORITY under this Agreement and as a
condition to the completion of such transfer must cure, remedy, or correct any event of
default existing at the time of such transfer in a manner satisfactory to the Owner.
25.05 ln the case of a sublicense, the proposed instrument shall specifically
include a provision that the sublicensee shall comply with and be subject to all of the
terms covenants, and conditions of this Agreement.
25.06 Owner shall have the right to lease or license the use of space on LA-RICS
Authority's telecommunications pole to third party(ies), if such telecommunications pole
is capable of housing such third party(ies), based on terms mutually agreeable to the LA-
RICS Authority, which approval shall not be unreasonably withheld. Owner shall submit
any such proposed lease or license to the LA-RICS Authority for review and approval
prior to entering into such lease or license. Such proposed instrument shall specifically
include: (a) a provision that the lease or license shall comply with and be subject to all of
the terms covenants, and conditions of this Agreement, and (b) a requirement that any
third party use of LA-RICS Authority's telecommunications pole shall not interfere with
LA-RICS Authority's use of the I-A-RICS Facility or its operations. The parties agree that
any revenues generated by such third party leases or licenses by Owner shall be retained
by Owner, except for an amount to be agreed upon between Owner and LA-RICS
AUTHORITY, which sum is intended to offset actual costs incurred LA-RICS AUTHORITY
for its operational, administrative and other costs associated with third party use of the
LA-RICS Authority's telecommunications pole, such costs not to exceed 15o/o of revenues
received by Owner.
26. SUBORDINATIONANDNON.DISTURBANCE
Owner shall obtain, not later than 15 days following the execution of this
Agreement, a Non-Disturbance Agreement, as defined below, from its existing
mortgagees, ground lessors and master lessors, if any, of the Real Property. At Owner's
option, this Agreement shall be subordinate to any future master lease, ground lease,
mortgage, deed of trust, or other security interest (a "Mortgage") by Owner which from
time to time may encumber all or part of the Real Property; provided, however, as a
condition precedent to LA-RICS AUTHORITY being required to subordinate its interest in
this Agreement to any future Mortgage covering the Real Property, Owner shall obtain for
LA-RICS AUTHORITY's benefit a non-disturbance and attornment agreement in a form
HOAj112427.1 19
reasonably satisfactory to LA-RICS AUTHORITY and containing at a minimum the terms
set forth hereinbelow ("Non-Disturbance Agreement"), and shall recognize LA-RICS
AUTHORITY's right to remain in occupancy of and have access to the LTE Site as long
as LA-RICS AUTHORIry is not in default of this Agreement beyond applicable notice
and cure periods. The Non-Disturbance Agreement shall include the encumbering party's
("Lende/s") agreement that, if Lender or its successor in interest or any purchase of
Lender's or its successois interest (a "Purchaser") acquires an ownership interest in the
Real Property, Lender or such successor in interest or Purchaser will (a) honor all of the
terms of this Agreement, (b) fulfill Owner's obligations under this Agreement, and (c)
promptly cure all of the then-existing Owner defaults under this Agreement. Such Non-
Disturbance Agreement must be binding on all of Lender's participants in the subject loan
(if any) and on all successors and assigns of Lender and/or its participants and on all
Purchasers. ln return for such Non-Disturbance Agreement, LA-RICS AUTHORITY will
execute an agreement for the Lender's benefit in which LA-RICS AUTHORITY: (i)
confirms that the Agreement is subordinate to the Mortgage or other real property interest
in favor of the Lender, (ii) agrees to attorn to Lender if Lender becomes the owner of the
Real Property, and (iii) agrees to accept a cure by Lender of any of Owner's defaults,
provided such cure is completed within the deadline applicable to Owner.
27. CONDEMNATION
ln the event of any condemnation of the Real Property (or any portion thereof), LA-
RICS AUTHORITY may terminate this Agreement upon written notice to Owner if such
condemnation may reasonably be expected to disrupt LA-RICS AUTHORITY's
operations at the LTE Site for more than forty-five (45) days. LA-RICS AUTHORITY may
on its own behalf make a claim in any condemnation proceeding involving the LTE Site
for losses related to the equipment comprising the applicable LA-RICS Facility, its
relocation costs and its damages and losses (but not for the loss of its interest, if any,
under this Agreement). Any such notice of termination shall cause this Agreement to
expire with the same force and effect as though the date set forth in such notice were the
date originally set as the expiration date of this Agreement, and Owner and LA-RICS
AUTHORITY shall make an appropriate adjustment, as of such termination date, with
respect to payments due to the other, if any, under this Agreement.
28. DEFAULT
Except as otherwise provided in this Agreement, in the event of a default
hereunder by LA-RICS AUTHORITY, Owner shall provide written notice thereof to LA-
RICS AUTHORITY. LA-RICS AUTHORITY shall have sixty (60) days from the date of
said notice in which to cure the default, but shall act promptly to remedy the default as
soon as reasonably practicable. LA-RICS AUTHORITY shall have such extended period
beyond sixty (60) days as may be required if the nature of the cure is such that it
reasonably requires more than sixty (60) days and LA-RICS AUTHORITY has
commenced to cure the default within the 60-day period and has acted with reasonable
diligence in commencing and pursuing such cure to completion. Owner may not maintain
any action or effect any remedies for default against LA-RICS AUTHORITY unless and
HOA 1112427 1 20
until LA-RICS AUTHORITY has failed to cure a default within the time periods set forth in
this section. ln the event that LA-RICS AUTHORITY fails to cure a default within sixty
(60) days or as othenruise provided in this section, Owner may: (a) cure the default and
invoice LA-RICS AUTHORITY for all costs reasonably incurred in effecting such cure, or
(b) terminate this Agreement upon written notice to LA-RICS AUTHORITY, in which case
LA-RICS AUTHORITY shall remove all improvements as provided in Section 22 of this
Agreement. ln the event LA-RICS AUTHORITY fails to remove all such improvements
upon default, Owner may do so in accordance with Section 22 of this Agreement. ln the
event of a default hereunder by Owner, LA-RICS AUTHORITY shall provide written notice
thereof to Owner. Owner shall have sixty (60) days from the date of said notice in which
to cure the default, but shall act promptly to remedy the default as soon as reasonably
practicable. Owner shall have such extended period beyond sixty (60) days as may be
required if the nature of the cure is such that it reasonably requires more than sixty (60)
days and Owner has commenced to cure the default within the 60-day period and has
acted with reasonable diligence in commencing and pursuing such cure to completion.
LA-RICS AUTHORITY may not maintain any action or effect any remedies for default
against Owner unless and until Owner has failed to cure a default within the time periods
set forth in this section. ln the event that Owner fails to cure a default within sixty (60)
days or as otherwise provided in this section, LA-RICS AUTHORITY may: (a) cure the
default and invoice Owner for all costs reasonably incurred by LA-RICS AUTHORITY in
effecting such cure, or (b) terminate this Agreement upon written notice to Owner.
29. WAIVER
29.01 Any waiver by either party of the breach of any one or more of the
covenants, conditions, terms and agreements herein contained shall not be construed
to be a waiver of any other breach of the same or of any other covenant, condition, term
or agreement herein contained, nor shall failure on the part of either party to require
exact,'full and complete compliance with any of the covenants, conditions, terms or
agreements herein contained be construed as in any manner changing the terms of this
Agreement or stopping either party from enforcing the full provisions thereof.
29.02 No option, right, power, remedy, or privilege of either party shall be
construed as being exhausted by the exercise thereof in one or more instances. The
rights, powers, options, and remedies given either party by this Agreement shall be
cumulative.
30. HAZARDOUS MATERIALS
The parties hereto hereby warrant and represent that they shall comply with all
applicable Federal, State, and local laws and regulations concerning the use, release,
storage and disposal of hazardous substances on the LTE Site and the Real Property.
For purposes of this Agreement, the term "hazardous substances" shall be deemed to
include hazardous, toxic or radioactive substances, as defined in California Health and
Safety Code Section 25316, as amended from time to time, or the same or a related
defined term in any successor or companion statutes, and crude oil or byproducts of crude
HOA.11 12427.1 21
oil other than crude oilwhich exists on the Real Property as a naturalformation, and those
chemicals and substances identified pursuant to Health and Safety Code Section
25249.8., as it may be amended from time to time.
The parties each agree to indemnify and defend the other and its agents, officers,
employees, and contractors against any and all losses, liabilities, claims and/or costs
(including reasonable attorneys' fees and costs) to the extent arising from the
indemnifying party's breach of any warranty or agreement contained in this Section.
31. DAMAGE OR DESTRUCTION
Either party shall have the right to terminate this Agreement with respect to all or
any portion of the LTE Site in the event of one of the following: (a) the applicable Real
Property or the LTE Site is damaged by fire or other casualty, incidents of war,
earthquake, or other violent action of the elements such that repairs cannot reasonably
be expected to be completed within forty-five (45) days following said damage (or Owner
in its sole discretion elects not to make such repair);or (b) the applicable Real Property or
LTE Site is damaged by fire or other casualty, incidents of war, earthquake, or other
violent action of the elements such that such damage may reasonably be expected to
disrupt LA-RICS AUTHORITY's operations at such LTE Site for more than forty-five (45)
days. Notwithstanding the foregoing, in the event of any of the damage described in this
Section, LA-RICS AUTHORITY shall have the right to elect to perform or cause to be
performed any of the required repairs to the applicable Real Property or LTE Site should
Owner elect not to undertake such repairs. Any notice of termination provided pursuant
to this Section shall cause this Agreement to expire with the same force and effect as
though the date set forth in such notice were the date originally set as the expiration date
of this Agreement, and the parties shall make an appropriate adjustment, as of such
termination date, with respect to payments due to the other under this Agreement, if any.
Should any matter or condition beyond the control of the parties, such as war,
public emergency, calamity, fire, earthquake, flood or act of God prevent performance of
this Agreement by either party, such party shall be relived of the performance of such
obligations during the time period of the event.
LA-RICS AUTHORITY shall be solely responsible for any damage or loss to LA-
RICS AUTHORITY's equipment resulting from theft or vandalism or resulting from any
other cause, except to the extent caused by Owner's acts or omissions.
32, AUTHORIZATION WARRANTY
The parties hereto represent and warrant that the person executing this Agreement
for each of them is an authorized agent who has actual authority to bind such party to
each and every term, condition, and obligation of this Agreement and that all requirements
of such party have been fulfilled to provide such authority.
33. INDEPENDENT CONTRACTOR STATUS
HOA 1112427.1 22
This Agreement is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint venture, or association
between Owner and LA-RICS AUTHORITY. LA-RICS AUTHORITY shall bear the sole
responsibility and liability for furnishing Worker's Compensation benefits to any person
for injuries from or connected with services performed on behalf of LA-RICS AUTHORIry
pursuant to this Agreement as required by law. The foregoing rndemnification does not
apply to liability caused by the negligence of the Owner.
34. GOVERNING LAW. JURISDICTION, AND VENUE
This Agreement shall be governed by, and construed in accordance with the
internal laws of the State of California. The parties agree and consent that venue of any
action brought hereunder shall be exclusively in the Coung of Los Angeles.
35. COMPLIANCE WITH APPLICABLE LAW
ln the performance of this Agreement, each party and anyone acting on such
party's behalf pursuant to this Agreement shall comply with all applicable Federal, State
and local laws, rules, regulations, ordinances, directives, guidelines, policies and
procedures (including without limitation the rules and regulations of the FCC, the Federal
Aviation Administration ('FAA"), and OSHA, and all provisions required thereby to be
included in this Agreement are hereby incorporated herein by reference.
36. COMPLIANCE WITH CIVIL RIGHTS LAWS. NONDISCRIMINATION AND
AFFIRMATIVE ACTION
36.01 LA-RICS AUTHORITY hereby assures that it will comply with Subchapter
Vl of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17),
to the end that no person shall, on the grounds of race, creed, color, sex, religion,
ancestry, age, condition or physical handicap, marital status, political affiliation, or
national origin, be excluded from participation in, be denied the benefits of, or be
othenarise subject to discrimination under this Agreement or under any project, program
or activity supported by this Agreement.
36.02 LA-RICS AUTHORITY certifies and agrees that it will deal with its
subcontractors, bidders, or vendors without regard to or because of race, color, religion,
ancestry, national origin, sex, age, physical or mental disability, material status, or political
affiliation.
36.03 LA-RICS AUTHORITY certifies and agrees that it, its affiliates, subsidiaries,
or holding companies shall comply with all applicable Federal and State laws and
regulations to the end that no person shall, on the grounds of race, color, religion,
ancestry, national origin, sex, age, physical or mental disability, marital status, or political
affiliation, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under this Agreement or under any project, program, or
activity supported by this Agreement.
HOA 1112427 1 a1
36.04 lf the Ownerfinds that any of the above provisions of this Section have been
violated, such violation shall constitute a material breach of this Agreement upon which
the Owner may terminate, or suspend this Agreement.
36.05 While the Owner reserves the right to determine independently that the anti-
discrimination provisions of this Agreement have been violated, in addition, a
determination by the California Fair Employment Practices Commission, the Federal
Equal Employment Opportunity Commission that LA-RICS AUTHORITY has violated
Federal or State anti discrimination laws or regulations shall constitute a finding by Owner
that LA-RICS AUTHORITY has violated the anti-discrimination provisions of this
Agreement.
36.06 ln the event LA-RICS AUTHORITY violates the antidiscrimination
provisions of the Agreement, the parties agree that it is difficult to ascertain the amount
of liquidated damages, and hereby agree that the Owner shall, at its sole option, be
entitled to the sum of FIVE HUNDRED DOLLARS ($500.00) for each such violation
pursuant to California Civil Code 1671 as liquidated damages in lieu of terminating or
suspending this Agreement.
37. NON EXCLUSIVITY
Nothing herein is intended or shall be construed as creating any exclusive
arrangement with LA-RICS AUTHORITY. This Agreement shall not restrict the Owner
from acquiring similar, equal or like goods and/or services from other entities or sources.
38.
CREDIT
LA-RICS AUTHORITY shall notify its employees, and shall require each
Contractor and Subcontractor to notify its employees, that they may be eligible for the
Federa'] Earned lncome Credit under the federal income tax laws. Such notice shall be
provided in accordance with the requirements set forth in lnternal Revenue Service Notice
No.1015.
39. PUBLIC RECORDS ACT
39.01 Any documents submitted by Owner and/or the LA-RICS AUTHORITY or
its agents including without limitation the LTE Vendor and all information obtained in
connection with the Owner's right to inspect the LTE Site or any other rights provided by
this Agreement may become a matter of public record unless exempted as provided by
California Government Code Section 6250 et seq. ("Public Records Act"). Neither partt
shall be in any way liable or responsible for the disclosure of any such records including,
without limitation, those marked "proprietary" or "confidential", if disclosure is required by
law, or by an order issued by a court of competent jurisdiction.
39.02 ln the event the Owner is required to defend an action on a Public Records
Act request as requested by LA-RICS AUTHORITY for any records generated as a result
HO{1112427 1 24
of this Agreement, LA-RICS AUTHORITY agrees to refund and indemnify the Owner from
all costs and expenses, including without limitation reasonable attorney's fees, incurred
in such action or liability arising under the Public Records Act within thirty days after LA-
RICS AUTHORITY's receipt of Owner's invoice.
39.03 ln the event the t A_RICS AUTHORITY is required to defend an action on
a Public Records Act request as requested by the Owner r any of records generated as
a result of this Agreement, Owner agrees to refund and indemnify the LA-RICS
AUTHORITY from all costs and expenses, including ithout limitation reasonable
attorney's fees, incurred in such action or liability arising under the Public Records Act
within thirty days after Owner's receipt of LA-RICS AUTHORITY's invoice.
40. OTHER TERMS AND CONDITIONS
40.01 Advertisino Materials and Siqns. Except for warning signs required by
law, LA-RICS AUTHORIT / shall not post signs upon the LTE Site or improvements
thereon, or distribute or cause to be diskibuted any advertising materials unless prior
approval therefor is obtained from the Owner.
40.02 Habitation. The LTE Site shall not be used for human habitation.
40.03 lllegal Activities. LA-RICS AUTHORIry shall not knowingly permit any
illegal activities to be conducted upon the LTE Site.
40.04 Safetv. LA-RICS AUTHORIry shall immediately correct any unsafe
condition on the LTE Site, as well as any unsafe practices occurring thereon, to the
extent such unsafe condition or practice occu rs as a result of LA-RICS AUTHORITY's
use of the LTE Site. LA-RICS AUTHORITY shall cooperate fully with Owner in the
investigation of any accidental injury or death occurring on the LTE Site, including a
prompt report thereof to the Owner. LA-RICS AUTHORITY shall cooperate and comply
fully with Owner, State, municipal, federal or any other regulatory agency having
jurisdiction thereover, regarding any safety inspections and certifications of any and all
LA-RICS AUTHORITY's structures and enclosures. LA-RICS AUTHORITY, at its
expense, may use any and all appropriate means of restricting public access to the LTE
Site.
40.05 Sanitation. No offensive matter, refuse, or substance constituting an
unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public
health in violation of the law, shall be permitted or remain on the LTE Site and within a
distance of fifty (50) feet thereof, and LA-RICS AUTHORITY and Owner shall prevent
any accumulation thereof from occurring.
40.06 Securitv Devices. LA-RICS AUTHORITY, at its own expense, may
provide any legal devices or equipment and the installation thereof, designated for the
purpose of protecting the LTE Site from theft, burglary ( r vandalism, provided written
approval for installation thereof is first obtained from the Owner. Owner shall be
responsible for securing the Real Property.
HOA 1112427 1 ZC
41. ACKNOWLEDGMENT OF INELIGIBILITY FOR RELOCATION ASSISTANCE
LA-RICS AUTHORITY hereby disclaims any status as a "displaced person" as
such is defined in Government Code Section 7260 and hereby acknowledges its
ineligibility for relocation assistance as provided in Government Code Section 7260
through 7276, inclusive, as interpreted in Title 25, Chapter 6, Section 6034(b) (1)of the
California Administrative Code upon the future cancellation or termination of this
Agreement.
42. LA.RICS AUTHORITY'S STAFF AND EMPLOYMENT PRACTICES
42.01 LA-RICS AUTHORITY shall designate one member of its staff as an
Operations Manager with whom the Owner may deal with on a daily basis. Any person
selected by LA-RICS AUTHORITY as an Operations Manager shall be fully acquainted
with LA-RICS AUTHORITY's operation, familiar with the terms and the conditions
prescribed therefore by this Agreement, and authorized to act in the dayto-day
operation thereof.
42.02 LA-RICS AUTHORITY shall establish an identification system for each of
its personnel assigned to service the LTE Site that clearly indicates the name of the
person. The identification system shall be furnished at LA-RICS AUTHORITY expense
and may include appropriate uniform attire and name badges as routinely maintained
by LA-RICS AUTHORITY.
43. SUCCESSORS AND ASSIGNS
Subject to any provision hereof restricting assignment or subletting by LA-RICS
AUTHORITY, this Agreement shall bind the parties, their personal representatives,
successors and assigns.
44. SEVERABILITY
The invalidity of any provision of this Agreement, as determined by a court of
competent jurisdiction shall in no way affect the validity of any other provision hereof.
45. INTERPRETATION
Unless the context of this Agreement clearly requires othenruise: (i) the plural and
singular numbers shall be deemed to include the other; (ii) the masculine, feminine and
neuter genders shall be deemed to include the others; (iii) "or" is not exclusive; and (iv)
"includes" and "including" are not limiting.
46. ENTIRE AGREEMENT
This Agreement (and the attached exhibits) contains the entire agreement between
the parties hereto with respect to the matters set forth herein, and no addition or
HOA.11 12427 1 26
modification of any terms or provisions shall be effective unless set forth in writing, signed
by both Owner and LA-RICS AUTHORITY.
HOA1112427 1 27
lN WITNESS WHEREOF, the LA-RICS AUTHORITY has executed this
Agreement or caused it to be duly executed and Owner has caused this Agreement to be
executed on the day, month and year first above written.
THE LOS ANGELES REGIONAL
I NTEROPERABLE COMMU N ICATIONS
SYSTEM AUTHORITY
A California Joint Powers Authority
Print Name.
Its:
APPROVED AS TO FORM:
MARK J. SALADINO
COUNTY COUNSEL
CITY OF VERNON, a California
charter city and municipal
corporation
HO4.11',t2427.1 28
By:
Deputy
By:
EXHIBIT A
SITE LIST
PAGE 1 OF 2
A
OnlYE .tI
HO4.11124271 29
EXHIBIT A
SITE LIST
PAGE?OF 2
A
OqJYEr.rlD
Ho{.',t112427.1 30
EXHIBIT B
EQUIPMENT LIST
Page 1 ol 2
Equipment List
City of Vernon Fire Dept -
. Monopole Tower
. Tower Light Kits (where required by FAA)
o Antenna Support Hardware
o LTE Antennas and line
. Microwave Dishes
o Generator & Fuel
o Automatic Transfer
. Electrical H-Frame
. Equipment Pad
. RBS Radio Cabinet (
. BBS Radio Battery Cab
. TMR
o BBS
o [!l
. Fiber
6 microwave radios)
HOA1112427 1 31
EXHIBIT B
EQUIPMENT LIST
Page 2 of 2
EXHIBIT B
Equipment List
than 6 microwave radios)
City of Vernon Fire
. Monopole Tower
. Tower Light Kits (where required
o Antenna Support Hardware
o LTE Antennas and line
o Microwave Dishes
o Generator & Fuel
o Automatic Transfer
o Electrical H-
. Equipment Pad
. RBS Radio Cabinet (at
. BBS
. TMR
. BBS
. MPLS
. Fiber
:er (at all I
HOA.11124271 32
EXHIBIT C
SITE PLANS
VEFDOOl
Page 1 of 2
(TO BE REPLACED BY FUTURE SET
PERMITTING PROCESS
HOA.1',t12427 1 33
EXHIBIT
SITE
VE
PENDING PERMITTING
owNER/Ctry OF VERNON)
HOA 1112427 1 34
Page 2 of 2
DRAWINGS ATTACHED
REGEIVED
Nov 2 { 2014
CITY ADMINISTRATION
FIRE DEPARTMENT
Michael A. Wilson, Fire Chief
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811 Fax (323) 826-1.407
November 24,2014
Honorable Mayor and City Council
City of Vemon
Honorable Members:
Attached is a copy of the Vernon Fire Department Activity Report which covers the period of
November 1,2014 through November 15,2014.
Respectfully Submitted,
Fire Chief
MAW:ar
7(
iahal
: Fireletnow
lE4c fusiv e [1 I n[us trin t
0[R0n
VERNON FIRE DEPARTMENT
COMPAII-Y ACTIVITIES
November lr20l4 to November l5r20l4
ACTIVITY TYPE
FIRE PREVENTION:
Regular Inspections (#):
Re-Inspections (#):
Spec. Haz. Inspections (#):
Total Inspections:
Total Man Hours:
TRATNNG (HOURS):
Firefighting
Hazardous Materials
Safety
Apparatus Operations
Equipment Operations
CPR
First Aid
Total Hours:
PRE-rNCrpENT (HOURS):
Planning
District Familiarization
Total Hours:
PERTODIC TEST (HOURS):
Hose Testing
Pump Testing
Total Hours:
This Period
Last Year
525
Last Year
To Date
1479
1844
This
Period
This Year
To Date
1232
2s5
36
1523
1 830
45
37
I
83
r02
1237
209
JJ
20
24
4
48
78
82
31
t24
t28
r29
0
3l
88
90
178
9
4
l3
1591
645
2674
2703
2704
3l
541
10889
1429
1467
2896
94
30
126
125
125
I
27
528
1874
671
25tl
2537
2526
64
605
10788
t6t9
1733
3352
t7
8
25
8
4
t2
85
96
l8l
0
0
0
Page I I
This Period
Last Year
PUBLIC SERVICE PROGRAMS (HOURS)
Last Year
To Date
This
Period
This Year
To Date
23815
School Programs
Fire Brigades
Emergency Preparedness
Total Hours:
ROUTNE MAINTENANCE (HOURS):
Station
Apparatus
Equipment
Total Hours:
Grand Total Hours:
: Fireactivity
J
0
9
18
6
232
256
246t
2552
2564
7577
26
8
r63
t97
2605
2669
2662
7936
123
t28
131
382
1188
0
0
13
13
r22
r27
130
379
1203
12
Page 12
VERNON FIRE DEPARTMENT
Type of Incident Report
Total lncidents: 2014
November 1,2fJ14 - November
=$l
15r 2'014 t1t24t2014
INCIDENT TYPE
E ASSAULT VICTIM.D"'
E DIABEnC.D*
E DIFFICULTY BREATHING.D''
E Slck Person-A
E SICK PERSON.D"'
E STROKE,ttORE THAN 2 HRS-C"'
E TC BIKE/'TOTORCYCL"E.D"
ETRAFFIC COTUSION.D-'
E TRAUTAATIC INJURIES.D-'
E UNKNOWN PROBLEiA.D'"
F Apartment Fire
F Flre Alarm No Reset.
F Flre Alarm Wth Reset
F Flre Reported Out
F lnvestigation
F Odor lnvestlgatlon
F Resldentiat Fire
F Smoke
F Vehlcle Fire
F Vehicte Overturned
F Water flow Alarm No Reset
F Water flow Alarm Wlth Relet
S Aloveup
I
I
2
I
1
1
1
12
I
2
2
12
1
1
3
1
1
z
1
I
8
9
2
lncident Type
700 False alarm or false call, other
700 False alarm or false call, other
611 Dispatched & canceled en route
61 1 Dispatched & canceled en route
745 Alarm system activation,no fire,unintentional
322 Motor vehicle accident with injuries
324 Motor vehicle accident with no injuries
322 Motor vehicle accident with injuries
700 False alarm or false call, other
324 Motor vehicle accident with no injuries
251 Excessive heat, scorch burns with no ignition
31 1 Medical assist, asslst EMS crew
321 EMS call, excluding vehicle accident with in.iu
700 False alarm or false call, other
7 45 Alarm system activation,no fi re,unintentional
324 Motor vehicle accident with no injuries
322 Motor vehicle accident with injuries
745 Alatm system activation,no fire,unintentional
321 EMS call, excluding vehicle accident with inju
700 False alarm or false call, other
611 Dispatched & canceled en route
531 Smoke or odor removal
322 Motor vehicle accident with injuries
151 Outside rubbish, trash or waste flre
130 Mobile property (vehicle) fire, other
571 Cover assignment, standby, moveup
740 Unintentional transmission of alarm, other
740 Unintentional transmission of alarm, other
735 Alarm system sounded due to malfunction
651 Smoke scare, odor of smoke
700 False alarm or false call, other
611 Dispatched & canceled en route
611 Dispatched & canceled en route
571 Cover assignment, standby, moveup
324 Motor vehicle accident with no injuries
321 EMS call, excluding vehicle accident with inju
571 Cover assignment, standby, moveup
321 EMS call, excluding vehicle accident with inju
740 Unintentional transmission of alarm, other
321 EMS call, excluding vehicle accident with iniu
700 False alarm or false call, other
700 False alarm or false call, other
lncident Date
1110112014 01:06:15
1110112014 04:52:40
1110112014 06:46:1'l
1110112014 08:09:17
1110112014 10:36:43
1110112014 11:37:18
1110112014 13:52:53
1110112014 16i34:01
1110212014 00:19:44
1110212014 09:58:14
1110312014 08:14:09
1110312014 14:03:29
1110312014 14:05:48
1110312014 22:59:36
1110412014 00:58:46
1110412014 06:51:16
1110412014 07:17i18
1110412014 10:06:46
1'llo4l2O14 16:50:03
1 1 lOSl2Ol 4 01 :04:22
1110512014 08:41:04
11lOSl2O14 13:12:51
1110512014 20:40:55
1110612014 00:50:07
1110612014 02:08:09
1110612014 10:48:41
1110612014 10:58:Os
1110612014 13:47:51
1110612014 16:50:U
1110612014 23:44:59
1110712014 03:45:29
1110712014 07iU:55
111O712014 11.'22:02
1110712014 12:02:24
1110712014 13:25:31
1110T12014 15:40:15
1110712014 15:55:36
1110712014 15:56:33
1110712014 16i13i31
1110712014 16:13:53
1110812014 05:33:32
1 1 1081201 4 09:27 :5A
11lOBl2O14 17:00:10
1110812014 23:18:40
PREVENTION FOLLOW.UP?
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
shift
552 Police matter
735 Alarm system sounded due to malfunction
700 False alarm or false call, other
745 Alarm system activation,no fire,unintentional
324 Motor vehicle accident with no injuries
321 EMS call, excluding vehicle accident with inju
531 Smoke or odor removal
324 Motor vehicle accident with no injuries
311 Medical assist, assist EMS crew
731 Sprinkler activation due to malfunction
324 Motor vehicle accident with no injuries
611 Dispatched & canceled en route
611 Dispatched & canceled en route
700 False alarm or false call, other
740 Unintentional transmission of alarm, other
743 Smoke detector activation, no fire - unintenti
700 False alarm or false call, other
740 Unintentional transmission of alarm, other
700 False alarm or false call, other
311 Medical assist, assist EMS crew
745 Alarm system activation,no fire,unintentional
671 Hazmat release investigation w/ no hazmat
324 Motor vehicle accident with no injuries
1110812014 23:53:56
1111012014 00:31:12
1111012014 00:49:11
'1111012014 08:32:27
1111012014 11:03:45
1111012014 11:24:09
1111012014 12:04:47
1111012014 12:27:24
1111012014 15:30:40
1111112014 02:22:24
1111112014 05:18:51
1111?i2014 00:34:05
11h?,2014 OO:53130
111122014 O7:04:43
1111212014 22:51:19
1111312014 09:30:25
1111312014 15:M:05
1111412014 01:14:06
1111412014 12:24:49
1111412014 22:27:50
1111512014 O8:11:20
1111512014 11.02:U
1111512014 20:16:08
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
No
Venr.roN Frne DeeapaMENT
Type of lncident Report
Total lncidents: 2013 =48
November 1r2013 - November 15r 2013
11t24t2011
INCIDENTTYPE
E ASSAT LT VICThA-D".
E Auto ys Ped
E DIAEETIC.D"'
E FAU- VlCTIlrl-D'-
E HEART ATTACK.D"'
E IfTIORRHAGE/CUT.D'-
E SIC( PERSON.D-'
E TC BITE/ilOTORCYCLE.D''
E TRAFFIC COIUSION.O"
E Trafflc Colllslono
E TRAUI,IATIC INJUR|ES-D*
E UNC PER/FANflNC (NEARI-O-.
E UNKNOWN PROBLEIIA.D-'
F Commercial Flre
F Flre Alarm No Reset
F Grass Flre
F Vehktc Ftre
F Vehlcle Overtumcd
F Water Row Ataam No Reset
F Water R Ah.m Wth R6et
S Floodlng
S Water Problem
7
1
1
1
2
1
2
2
9
1
3
2
3
1
4
1
1
1
7
1
1
1
\/ERNON FIRE DEPARTMENT
Type of Incident Report
Total lncidents: 2014
January 112014 - November {5,
INCIDENT TYPE
11n4t2014
INCIDENT TYPE
Area E llazmat
E Abdominal Paln-A
EABDOMINAL PAIN.D"'
E AI.I.ERGIC REACTION.D"'
EANI,IIAL BITE.D..
E ASSAIJLT VlCTul/ SEXUA- D.-
E ASSAULT VICTIIi.D"'
EAutovs Ped
E Back Pain-A
E BACK PAIN.D"
E Cardiac Arrest/Death-E
E Chest Paln-C
E CHEST PAIN.D-
E DIABENC.D-'
E DI FF BREATTIING /A5THiAA.O"'
E DIFFICULTY BREATHING-D"'
E FALI_V|CTIA -0.-
E FALL/STILL ON GROUND.D"'
E Gun Shot Wound-A
E GUN SHOT WOUND.D'-
E HAZTAAT/ BIOLOGICAL.D'-
E HAZITAT/CHEIUCAL-U.'
E HEADACHE.C"
E HEARTATTACK-D"T
E HEAT D(POSURE.D"'
E Hemorrlrage/Cut-B
E HEITORRHAGE/CUT.D'"
E INGESTION.D"'
E
'IAATERNIW.D-'E Psph/Behave/Sul Att-A
E Psfh/Behave/Sul Att-B
E PSYCH/BEHAVE/SUI ATT.D-'
E SEIZURE/ EPILEPTIC / HIST.D"'
E Seizure / Epi teptic/ History-A
E Seiane-A
E SEIZURE.D"'
E Slck Person-A
E SICK PERsON.D"'
E STROG
'JIORETHAN
2 HRS.C"'
E STROG.C-'
E TC AUTO VS PED.D..'
E TC BIKE /'IAOTORCYCLE. D"'
ETC EJECTION.D"'
ETC OVERTURNED.D"'
E TC with Trapped Peopte
E Traffic Collision-A
ETMFFIC COLLISIoI{.D'"
E Traumatlc lnluries-B
E TRAUIiATIC INJURIES-D"'
E Unc Per/Falnting (Near)-C
E UNC PER/FA!).IT|N6 (NEAR)-r"
E Unco Per/Falnting (Near)-A
E UNKNOWN PROBLE,Ii.D"
F Apartment Fire
F Arching Wlres
F Auto vs Structure
F Auto vr Traln
F Blown Transformer
F Commerclal Fire
F Drmpster Flre
F Etectricat Shoft
F Exptoslon
F Fire Atarm No Reset
F Flre AlarmWlth Reset
F Fire Reported Out
F Gas Spitt
F Grass Flre
F Haz ilat - Full
F Haznat - Smattt
F lnvestlgatlon
F Natural Gas Leak - lnslde
F Natural Gas Leak - Outslde
F Odor lrwestigation
F Resldentlat Flre
F Rubblsh Flre
F Sheared Hydrant
F Smoke
F Strlke Team
F Structure Fire
F Tree Fire
F Truck/Ralt Car Fire
F Vehicte Flre
F Vehlcle Leaking Gas
F Vehlcte Overtumed
F Water Row Atarm No Reset
F Water Flow Atarm Wlth Reset
F ffres Down
S Ladder Asslst
s r olrrEBElto REQUEST
S filoveup
1
1
14
1
9
1
I
I
t3
2
62
I
1
2
t4
1
2
4
1
165
1
4l
2
2E
1
20
26
3
1
1
I
1
3
9
1
2
I
117
25
3
1
6
2
2
43
z
4
7
6
E
3
6
4
I
1
1
13
1
6
94
6E
4
1
1
32
2
2
1
16
8
1
3
1
2
27
9
7
1
I
1
2
1
39
7
1
6
I
3
30
2
5 ttseb Stuck h Et€v8tor
S R bffc Aslist
S Sprdat Raquest
5 Water Prcbhm
U USAR.A
U USAR.BEDW GROTJND.D''
1
4
1
1t
I
I
VEnNoN FTRE DEPru1,1MENT
Type of lncident Report
Total lncidents: 2013 =l-'.1[l
January 1r20tl3 - November {5, 2013
INCIDENT TYPE INCIDENT TYPE
11t2412014
INCIDENT TYPE
E AMomlnat Paln-A
E ABDOMINAL PAIN.D"'
E AIIERGIC REACTION.D''
E ASSAULT VICTITI/58(UAL.D"'
E ASSAUIT VlCTli,t-D."
E Auto vs Ped
E BACK PAIN.D"'
E BURN VICTIIA.D"'
E CARDIAC ARREST/ DEATH.D"'
E Cardiac Arrest / Death-E
E Chest Pain-A
E Chest Pain-C
E CHEST PAIN-D"'
E DIABETIC.D''
E Diff Breathlng/Nthma.C
E DIFF BREATHING/ASTHIAA.D'"
E DIFFICULTY BREATHTNG.D'"
E DOA/COLO/5T|FF-0..
E DOA/Non Recent.B
E ETECTROCUTION.D"'
E EYE INJURY/PROB.D"'
E FALL VlCTli,l-D"'
E FALL/JUIvIPER.D"'
E FALL/STILJ. ON GROUND.D'-
E HAZI,IAT, CHE TiICAL. D"'
E HAZi,IAT/ U Nl0,lOWN. D-'
E Hazmat/Unknown.O
E HEARTATTACK.D"'
E HE TiORRIIAGE/CUT-D...
E INGESTION.D"'
30
1
3
95
26
1
2
4
2
t5
2
5
5
3
4
5
1
3
3
23
t7
1
6
1U
il
5
1
2
1
9
2
5
2
1
2
10
2
2
61
1
2
4
3
4
4
1
6
153
I
2
34
1
39
2
50
I
3
5
1
I
2
t0
1
I
t7
14
4
I
3
2
1
I
23
9
t
4
t2
I
I
t
1
t9
1
3
3
2
1
14
10
3
E I,IATERNITY.D"'
E PSYCH/BEHAVE/SU! ATT.D'-
E PSYCH/BHAV/5U! ATT VIO.D"'
E Psych/Bhav/Sui Att WpV-B
E SEIZURE/ EPII.EPTIC/ HIST.D'"
E SEIZURE.D-'
E Sick Person-A
E Sick Person'C
E SICK PERSON.D"'
E Slck Person-O
E STROKE I.ESS THAN Z HRS-C"'
E STROKE.C-'
E TC AUTO VS PED.D"'
E TC BIKE/I,IOTORCYCII-0"'
ETC OVERTURNED-D"'
ETC VEHICI..E OVER SIDE.D'"
E TC wlth Trapped Peopte
E TM,FFIC COLUSION.D'-
E Tnfflc Colllslon-O
E Traumatlc lnluries-B
E TRAUIIATIC INJURIES-D'"
E Unc Per/Falnting (}lear)-C
E UNC PER/FAINnNG (NEAR)-D'-
E Unco Per/Falnting (Near)-A
E UNKM)WN PROBLE,IA.D*.
E UPGRADE AI.s
F Apartment Fire
F Auto l,s Structure
F Auto vs Traln
F Btown Transformer
F Commercial Fire
F Dumpster Flre
F Rectricat Short
F Fire Atarm No Reset
F Flre Atarm Wlth Reset
F Fire Reported Out
F Gas Spllt
F Grass Flre
F lltegat Bumlng
F lnvestigatlon
F Natural Gas Lcak - lmlde
F Natural Gas teak - Outside
F Odor lnvestigation
F Pote Flre
F Resldentlal Flre
F Rubbish Fire
F Sheared Hydrant
F Smoke
F Strlke Team
F StLructure Fire
F Vehicle Flre
F Vehicle lcaking Gas
F Vehkle Overtumed
FWater flow Atarm No Reset
F Water Row Atarm With Reset
FWires lbwn
S Bee Swarm
S Ftoodlng
S Ladder Asslst
S TIIIOI,ITEBEI.LO REQUEST
S llorrup
S Open ltdrant
3 Publlc Assist
S SFclal Request
S Water Problem
U Rft,er Rescue
U Train Crash/ Derallment
21
3
4
3
11
1
1
RgC EE\/ED
DEC 0 1 20i4
RECEIVED
N()V 2 6 20ltt
CITY ADMINISTRATION
STAFF REPORT
CITY CLERK'S 0FFl ERNON GAS & ELECTRTC DEpARTMENT
DATE:
TO:
FROM:
RE:
December 9,2014
Honorable Mayor and City Counc
Carlos Fandino Jr., Director of Ve
Upstream Internet Access Services Contract Renewal with Broadband
Recommendations
It is recommended that the City Council:
Find that the approval of the contract amendment proposed in this staff report is exempt
under the California Environmental Quality Act (CEQA) in accordance with CEQA
Guidelines Section 15061(bX3), the general rule that CEQA only applies to projects that
may have an effect of the environment; and
Authorize the City Administrator to execute a three year contract renewal with
Broadband "not-to-exceed" a total amount of $180,000 during the three year term
($60,000 annually, including taxes and fees) for the delivery of a wholesale internet
access circuit to the City's intemet system, in substantially the same form as submitted
herewith, as Exhibit A to this staff report. The proposed contract will increase the City's
pre-tax monthly bill by $486, from $3,764 to 54,250, and double transmission speeds
from 100 Mbps to 200 Mbps. It is further recommended that the City Council find that
the contract is exempt from competitive bidding requirements pursuant to Vernon
Municipal Code $ 2.17.12(A)(6) because this is a contract for the acquisition or
transmission of telecommunications for the Gas & Electric Department and it would be
commercially unreasonable to procure these services through standard bidding or request
for proposal procedures, given that that the City is already connected to Broadband
network, and switching carriers would be too expensive to be in the City's best interests.
Background
The City of Vernon has installed a fiber-optic cable network around the perimeter of the City to
enable businesses within City boundaries to have access to voice, data and/or video services. In
order to furnish this service, the City must lease internet bandwidth from select providers. In
recent years, the City's fiber optics based internet access service has received dedicated
1.
2.
wholesale internet circuits from two upstream service providers which allow the City to offer
reliable commercial internet connectivity to businesses in Vernon who elect such a service. The
City's contract term with its existing provider, Broadband, has expired, prompting the Gas &
Electric Department to secure a new agreement.
Broadband has been providing dedicated connection services to the City's fiber optic intemet
network since August 3, 2005, pursuant to a Dedicated Internet Access Service Agreement and
Service Order Form (the "Agreement") as stated in Resolution No. 8818. On June 5,2007,the
City extended the contract for 12 months via Resolution 9351. On April 19,2011, the City
Council adopted Resolution 20II-61, approving an agreement for continuation of dedicated
internet access services for a twelve (12) month period. On January 22,2013, the City Council
approved an agreement for the continuation and upgrade of dedicated internet access services
under the Business Markets Master Service Agreement for twenty four (24) months. It was
determined that, pursuant to the former provisions of subsection (a) of Section 2.27 of the
Vernon City Code, it was in the public interest and necessity to enter into the continuation
Agreement with Broadband to continue to provide the bandwidth necessary to enable fiber optic
internet access services throughout the City.
Broadband has delivered reliable internet access services to the City's internet network for the
past nine years. In2Ol2, to ensure it was receiving the best service at the best available price,
the Department of Gas & Electric solicited and received five quotes for internet access services,
and again concluded Broadband could provide the best combination of price and service to the
City. The prices quoted by the providers were similar, but Broadband had fiber available from
City Hall to the provider's central office, unlike most other providers. The City agreed to pay
53,764 per month, plus applicable fees and taxes.
Staff recommends continuing service with Broadband because telecommunications prices have
remained generally static since the City completed its survey, and selecting an alternative
provider would not only necessitate costly construction of a new fiber optic cable (which
previously required nine months to complete) but would also require a costly redesign of the
City's internet network setup to route Vernon customers' internet traffic through the new
provider's central switches. The new contract will increase the pre-tax payments by $486 per
month to $4,250, and double transmission rates from 100 Mbps to 200 Mbps.
For the above reasons, it is recommended that City Council find that it would be "commercially
unreasonable" to procure these telecommunications services through standard bidding or request
for proposal procedures. Staff further recommends that the City Council authorize the execution
of a new contract with Broadband for a three (3) year term. By committing to a new three year
term contract, the City is able to establish firm monthly rates that are not subject to increases
throughout the entire term of thirty six (36) months, thereby ensuring that the City is not only
capable of providing valuable intemet service to its businesses, but is also able to manage this
expenditure as a fixed cost for a longer term, benefitting the rate structure the City is able to
offer to its constituents.
Fiscal Impact
The contract renewal consists of a thirty six (36) month service commitment with Broadband at a
monthly rate of 54,250, excluding taxes and fees. The contract establishes a "not-to-exceed"
amount of $60,000 per year, inclusive of taxes and fees. Continuation of the existing agreement
with Broadband will ensure that the City's internet wholesale rates for the next three (3) years
are fixed and not subject to price increases. The cost for this service was itemized and approved
in the 201412015 operating budget for the Gas & Electric Department.
Attachments
AGREEMENT FOR CONTINUATION AND UPGRADE OF
DEDICATED INTERNET ACCESS SERVICES
This Agreement for Continuation and Upgrade of Dedicated Internet Access Services
(the"2014 Continuation Agreement") is made as of 2014 (the "Effective
Date"), by and between the City of Vernon, a California charter city and municipal corporation
(the "City") and Broadband, LLC, a wholly owned subsidiary of Bandwidth.com, Inc.
("Broadband"). The City and Broadband are referred to herein collectively as the "Parties."
WHEREAS, the City and Bandwidth.com, Inc. powered by Qwest "Bandwidth.com"
are Parties to a Dedicated Internet Access Service Agreement (the "Services Agreement")
executed by the City on August 17,2005, as amended by an Agreement for Continuation and
Upgrade of Dedicated Internet Access Services on July 13,2009, April 19, 2011, and January
22,2013, to which Bandwidh.com provides the City with dedicated internet access services at
a monthly recurring rate for a service term of one year; and
WHEREAS, Bandwidth.com formed Broadband on or about April l, 2012, and, among
other things, assigned the Services Agreement to Broadband; and
WHEREAS, the Parties desire to enter into a thirty six (36) month commitment under
which Broadband will continue to provide dedicated internet access upgraded services for a
fixed monthly rate; and
WHEREAS, the City is a public entity subject to certain laws requiring disclosure of
public records to members of the public, and the Agreement between the Parties, and this 2014
Agreement for Continuation and Upgrade of Dedicated Intemet Access Services (the "2014
Continuation Agreement") , are records that are subject to those disclosure laws.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties to this 2014 Continuation Agreement agree as
follows:
1. Effective as of December 9, 2014, the Services Agreement is hereby extended
for a three (3) year term (unless prematurely terminated), for the delivery of a wholesale
internet access circuit at the rate of 200 megabits per second (Mbps GE) for a "not-to-exceed"
total amount of $180,000 during the term ($60,000 annually, including taxes) to assist the City
in providing dedicated internet access services to Vernon businesses utilizing the City's fiber
optic network infrastructure.
2. The Parties agree that the Services Agreement and this 2014 Continuation
Agreement may be disclosed to the public notwithstanding the original terms of the Services
Agreement. This Section 2 shall not terminate or expire, and shall survive the expiration or
earlier termination of this 2014 Continuation Agreement.
3. This 2014 Continuation Agreement is executed in duplicate originals, each of
which is deemed to be for all purposes.
4. Force Majeure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an uncontrollable
force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning,
epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute,
ordinance, or regulation, embargoes of the United States Govemment or any other government,
which by exercise of due diligence such party could not reasonably have been expected to avoid
and by exercise of due diligence has been unable to overcome. Either party rendered unable to
fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give
written notice within five (5) business days of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
5. The Parties agree that section 2l of the Services Agreement shall be revised to
provide as follows:
24. Miscellaneous.
a. Verbal representations. Customer acknowledges and understands that Customer is to
receive the Service detailed in this Agreement and the Customer is not relying on any
affirmation of fact, promise or description from any person or entity, nor any other oral or
written representation other than what is contained in this Agreement.
b. Modification. The Agreement may only be modified, or any rights under it waived, by
a written document executed by both parties.
c. Arbitration and Venue. "Any dispute, claim or controversy arising out of or relating
to this Agreement or the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this Agreement to arbitrate, shall be
determined by arbitration in Los Angeles, California. The arbitration shall be administered by
JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a
retired judge, unless the Parties agree to accept a non-judge arbitrator. If the Parties cannot
agree on an arbitrator, then each party shall select an arbitrator and these two arbitrators shall
select an arbitrator that the arbitrators agree will be impartial and serve the best interests of the
Parties. All decisions of the arbitrator shall be in writing. The arbitrator shall provide written
reasons for his or her decision. The arbitration decision shall be final and binding on the
Parties. Judgment on the decision may be entered in any court having jurisdiction pursuant to
this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid
of arbitration from a court having jurisdiction pursuant to this Agreement.
d. Venue. The exclusive jurisdiction and venue under this Agreement shall be the
Superior Court of California, Los Angeles County.
e. Attorney Fees. The prevailing party shall be entitled to recover its costs, including
reasonable attorney's fees.
f. Conflict with Applicable law. In the event of a conflict between this Agreement and
any applicable tariff, the tariff shall prevail.
g. Binding effect. This agreement shall be binding on the Parties hereto and their
respective personal and legal representatives, successors, and permitted assigns. If any
provision of this Agreement is held to be invalid or unenforceable, the validity and
enforceability of the remaining provisions of this Agreement shall not be affected thereby.
Agreement headings are provided for reference purposes only."
6. The provisions of this 2014 Continuation Agreement, together with the Services
Agreement, shall constitute the entire agreement of the Parties with respect to the subject matter
herein and shall supersede any other Agreement, understanding, or arrangement, whether
written or oral, between the Parties in conflict therewith respect to the subject matter hereof.
To the extent the terms of this 2014 Continuation Agreement conflict with the terms of the
existing Services Agreement, the terms of this 2014 Continuation Agreement shall apply.
7. All terms not otherwise defined herein shall have the meaning ascribed to such
terms in the Services Agreement.
IN WITNESS WHEREOF, the Parties have signed this 2014 Continuation Agreement as
of the date stated in the introductory clause.
ISIGNATURES FOLLOW ON NEXT PAGE]
Cify of Vernon
BY:
Broadband, LLC (a wholly owned
subsidiary of Bandwidth.com, Inc.)
By:
Name: Mark Whitworth. City Administrator Name:
ATTEST:By:
Name:
Title:
Ana Barcia, Deputy City Clerk
APPROVED AS TO FORM:
Hema Patel, City Attomey
EXHIBIT A
Services and Rates
Service Order Form
Upgrade Prepared For: City of Vernon
Valid Until: December 12,20'14
4305 Santa Fe Avenue
Vernon, CA 90058
4305 Santa Fe Avenue
Vernon, CA 90058
36
$0.00
Ethernet - Upgrade 200.00 /
200.00
$4,250.00 $0.00
TOTAL $4,250.00
By its signature below, Customer authorizes Broadband, LLC and its affiliates to obtain a credit report(s) from any credit reporting
service(s) and to rely on such credit report(s) to evaluate Customer.
uPoN EXECUTION OF THIS SERVTCE ORDER FORM ('.SOF") By BROADBAND, LLC, TH|S SOF CONSTTTUES AN AGREEMENT
BETWEEN BROADBAND, LLC AND CUSTOMER.
RATES AND CHARGES AS SET FORTH ON THIS SOF DO NOT INCLUDE APPLICABLE FEDERAL, STATE, OR LOCAL TMES,
AND ALL USE, SALES, COMMERCIAL, GROSS RECEIPTS, PRIVILEGE, SURCHARGES, OR OTHER SIMILAR TMES, LICENSE
FEES, MISCELLANEOUS FEES, AND SURCHARGES, FOR WHICH CUSTOMER IS RESPONSIBLE.
Termination by Customer during any applicable Service Term (as defined in the applicable Terms and Conditions) shall be a Default (as
defined in the applicable Terms and Conditions) and will result in liquidated damages as set forth in the applicable Terms and
Conditions.
By its signature below, Customer certifies that it has reviewed and agrees to be bound by (i) the applicable Terms and Conditions for all
Services listed on this SOF, which are posted at: www.broadband.com/legal, and (ii) the Acceptable Use Policy posted at:
www.broadband.com/legal, all of which are fully incorporated herein by reference.
Customer Acceptance
Name:
Signature:
Date:
Broadband. LLC Acceptance
Name:
Signature:
Date:
Address:
Data lnstallation Guide
Customers ordering a T1 or NxTl should expect installation to occur within an average 30-45 business days from the date of order submission by
Broadband to the underlying Carrier.
Customers ordering MPLS, DS3, OCx and Collocation service solutions should expect installation to occur within an average of 50-90 business days
from the date of order submisslon by Broadband to the underlying Carrier(s).
All order submission will occur only after a completed contract has been presented and received by Broadband and the Customer has been
approved for anylall applicable credit.
It is important to understand that the average times to installation presented above are based on industry standards and Broadband experience.
lndividual circumstances may dictate that these installation timeframes could be shorter or longer than the aforementioned averages.
Orders may be expedited and are contingent upon Carrier capability and acceptance. A one-time non-recurring expedite fee will be assessed on a
Customer's invoice. However, payment of this fee by the Customer does not guarantee a specific timeframe or completion date.
Throughout the installation process a Customer will work with Broadband lnstallation Specialists and Activation Engineers. The lnstallation
Specialist will manage the installation process up to Service Activation and is responsible for interacting with the Carrier to ensure all milestones
are met, escalations and confirming with the Carrier and Customer that contracted service is provisioned correctly. The Activation Engineer is
responsible for activating and verifying service. ln addition, a web portal is available to monitor installation progress.
To properly set expectations, the following general timeline and Customer requirements are being provided for reference.
Day 1-3:Order is ploced with the Corrier
Broadband will place the order with the underlying Carrier for Data service. The following requirements must be met by the Customer praor to
order placement:
Bosic Requirements:
. Accurote oddress including suite number ond onsite phone number
c Volid onsite contoct with oppropriote phone number
c Main point of entry MPOE) locotion where the Locol Exchonge Corrier (LEC) will deliver service the building (i.e. bosement on first floor)
c DMARC locotion, the octuol locotion within the building where the service is to be delivered (i.e. suite 700)
o Number of lPs desired ond completed lP justilicotion form if required by the Corrier
Broadband is not responsible for extending the circuit to the DMARC location unless the extension has been explicitly ordered and is listed as a line
item on the Broadband Service Order Form (SOF). Unless the DMARC extension is listed on the SOF the circuit will only be delivered to the MPOE
(as determined by the LEC) and any extension is the sole responsibility of the Customer.
ln general, any changes to the above information or to the service order during the installation process could result in delays and additional fees.
After the order is placed with the Carrier a Broadband lnstallation Specialist will contact the Customer point of contact on record and complete an
introduction call to review the ordered service solution, address, contact information, and will confirm the Customer has access to the customer
portal.
broadba nd
Day 4-9:Corrier ploces order with Locol Exchonge Corrier (LEC)
The lnstallation Specialist will ensure the Carrier has initiated the design an engineering of the circuit so the order can be passed to the LEC. The
LEC will then begin the design and engineering of the local loop.
Day 10-20: lnstallation Dote (Firm Order Commitment Date) Estoblished
TheLECwill provideaFirmOrderCommitment(FOC) dateforinstallationofthelocal loop. Atthistime,if aFOCdatehasnotbeenestablishedthe
reason for delay will be relayed to the Customer.
Day 21-30: Locol Loop is instolled (Firm Order Commitment Date)
A technician from the LEC will install the local loop to the service location. The following requirements must be met in order for the technician to
complete installation:
Requirements:
A customer contoct must be onsite to ollow the LEC technicion occess to the locotion and telco closet os opplicoble lor on entire business doy
Day 31-45: Seruice Activation
After the local loop has been installed and the LEC has tested and accepted with the Carrier, the lnstallation Specialist will schedule an activation
appointment with the Customer. The following requirements must be fulfilled prior to the activation appointment:
Requirements:
. Spoce and power must be ollocoted for oll equipment components opplicoble to Doto service ond ony necessory mounting boords or rocks
sholl be provided by the Customer
. Sufficient power outlets must be ovoiloble for the power unit which requires o stondord 120V AC plug. The power outlet must not be
overlooded ond must be within 5' of the Doto Router
. Any DMARC extensions not ordered through Broodbond must be complete
. All LAN devices ond the Doto Router must be wired/connected - Broodbond does not provide potch cobles
. The Doto Router requires on operoting environment with temperoture ronges between i5-85" F ond humidity of less than 90%, non-
condensing
c The environment must be free of excessive dust
. Customer must coll in to Broodbond ot the scheduled time of the octivotion dppointment
The Broadband Activation Engineer will bridge the Carrier on the phone with the Customer and conduct testing to ensure Data service is working
properly.
Day 50:Seruice Activotion - DS3's/OCX's/Ethernet/Colocdtion/M PLS
DS3andOCXSolutionshaveaninstallationinterval of60-g0businessdays. Actual installationtimelinewill varyasthesesolutionsmayrequire
build outs, special equipment, or other special requirements from the Carrier, LEC, and the Customer.
The following Data Solutions may have additional requirements and specifications:
co-LocATroN
ln order to avoid any delays, it is the Customer's responsibility to inform Broadband prior to order placement on what floor their equipment is
located. Customers needs to work with their existing vendors (hosting company / cross connect provider) to determine where the circuit should be
terminated and how the circuit shall be provided (i.e. open port on MPOE, open port on Carrier POP, channel on existing facility). ln some cases, a
CFA/LOA will need to be provided by the Customer. ln addition, the Customer is also responsible for ordering the appropriate cross-connect from
the MPOE to their equipment.
ETHERNET
When purchasing an Ethernet solution from a Carrier, it is the Customer's responsibility to ensure that the Carrier has facilities going to the
Customer's floor. The Customer is responsible for extending this service either from the MPOE or the Telco closet on their floor to their suite if
desired.
MPLS
The Customer must work with Broadband on an implementation plan to ensure the appropriate sites are installed in the order of importance.
Customer must also provide their private lP addressing scheme and routing requirements. lf the Customer is gettinB voice, their bandwidth
requirements for voice across this network must be understood and provided to Broadband along with QOS requirements so the appropriate
settings are implemented on the Carrier's network.
Billing
Billing for Data Service will begin no later than two (2) business days after service is deemed ready for Billing and lnvoicing by Broadband.
Customerfailure to promptly schedule and activate the circuit will result in billing beginning before service can be utilized bythe Customer. ln
addition, the Customer is solely responsible for canceling any service with previous Carriers and for updating any email or web hosting lP
addresses with the current provider. Broadband does not support email or web hosting applications but can update any email or DNS records once
the activation appointment has been completed.
Multi-Site Solutions
Multi-site solutions such as MPLS are billed site by site and not when all sites are installed. lf all sites are ordered at the same time, each site will
be billed as they are installed, tested, and accepted by the Carrier, regardless of whether Customer has completed all necessary steps to activate
Service or whether other sites in the MPLS network are ready for activation.
Move Orders
ln the event the Customer wishes to move service to a new location Broadband must be notified by an authorized contact by emailing
support@Broadband.com a minimum of sixty (60) business days prior to the move. Broadband will coordinate the move of services once the new
location is secure, has power, has a backboard or rack for equipment, and a new contract with Broadband has been signed and processed. Please
note that Customers that do not have a minimum of twelve (12) months left on their existing contract will be re-termed for one (1) year upon
completion of the move. The general timeframe for Data service move orders is the same as the timeline noted above.
Termination
Upon termination of the Service Agreement and/or the Service(s) not due to default, Broadband LLC. will disconnect, or will cause to be
disconnected, the Service(s) if notified by the Customer in writing via email to suooort@broadband.com with no less than forty calendar (a0) days
notice prior to termination of the Agreement and/or Service(s).
Customer Care & Support Contact lnformation
o Phone:800-409-4357
r Email:support@Broadband.com
Sales Contact tnformation
o Please contact your sales representative directly or email sales at sales@broadband.com
Customer Acceptance
Customer acknowledges that the preceding installation timeline is provided as a general timeline only and that Broadband does not guarantee
any specific date or timeframe for installation. Customer has read all of the requirements and specifications for Data seruice installation.
Customer further acknowledges that failure to meet any requirement or specification may result in delays in the installation process. Customer
further acknowledges that Billing/invoicing for Data Service(s) will begin no later than two (2) business days after service is deemed ready for
activation by Broadband and that Multi-site solutions such as MPLS are billed site by site and not when all sites are installed.
By signing below, Customer signatory certifies that (s)he is an officer or certified representative of the above listed Company authorized to enter
into a binding agreement(s) on behalf of said company and affirmed by seal below as of the date below.
Customer Acceptance
Name:
Signature:
Date:
Broadband. LLC Acceptance
Name:
Signature:
Date:
1.
)
3.
4.
5.
6.
broadband.o,
TERMSAND CONDITIONS
These Service Terms and Conditions (the "Terms and Conditions") apply to the Services (as defined below) described in the Service Order Form
('SOF') by and between Bandwidth.com, Inc. ("Provider") and the customer named in the SOF ("Customer").
Provider may amend these Terms and Conditions from time to time by posting an amended version at www.broadband.com/lesal/terms and sending
Customer written notice thereof. Such amendment will be deemed accepted and become effective thirty (30) days after such notice (the "Proposed
Amendment Date") unless Customer first gives Provider written notice of rejection of the amendment. If Customer rejects such amendment, these
Terms and Conditions will continue pursuant to its original provisions and the amendment will become effective at the commencement of the next
Renewal Term (as defined below) following the Proposed Amendment Date. Customer's continued use of the Services following the effective date
of an amendment will confirm Customer's consent thereto.
Service Description. Provider will provide Customer with the Services described in the SOF for the Service Term so long as no Default (as
defined below) has occurred. Customer has the sole and exclusive responsibiliry for the installation, configuration, security (including, without
limitation, firewall security policies, even if Customer uses a third party to configure and implement such measures), and integrity of all
Customer facilities, systems, equipment, proxy servers, software, networks, network configurations and the like (the "CPE") used in
conjunction with or related to the Services provided by Provider, unless Customer obtains such CPE from Provider pursuant to a written
agreement between Customer and Provider and Provider expressly assumes any of such duties in writing.
Service Activation Date. The "service Activation Date" means the date two (2) business days after Provider deems the applicable Services
ready for activation, which customarily will follow Provider's receipt of confirmation from any applicable underlying carrier(s) that the Services
are ready for activation; provided, however, with respect to MPLS Services (as defined below) onty (as identihed on the SOF), the "Service
Activation Date" means the earlier of (i) the date two (2) business days after Provider deems the Services ready for activation, which
customarily will follow Provider's receipt of confirmation from any applicable underlying canier(s) that the Services are ready for activation;
and (ii) the date the Service is successfully activated by the underlying carrier and confirmed tested and accepted by Customer and
Provider. Provider will notify Customer (via phone, email or other means) of the Service Activation Date. For clarity, the Service Activation
Date established by Provider will apply regardless of whether Customer has completed all necessary steps to activate the Services.
Service Term. The initial Service Term will be as specified in any applicable SOF (the "Initial Service Term"). The Initial Service Term will
automatically extend thereafter upon the same terms and conditions applicable during the Initial Service Term for additional consecutive term(s)
of one (1) year unless earlier terminated pursuant to these Tenns and Conditions or unless either party provides notice of nonrenewal to the
other at least sixty (60) days prior to the expiration of the then existing Service Term.
Service Availabitity. Provider may from time to time interrupt or otherwise impact Services for routine maintenance. Provider will make
commercially reasonable efforts to provide to Customer reasonable advance notification (via phone, email or other means) of such maintenance.
Provider will use commercially reasonable efforts to perform such maintenance in a manner that will not unreasonably intemrpt Sewices.
Provider normally will perform maintenance between the hours of 1l:30 PM and 6:00 AM Eastern. If Provider determines that emergency
maintenance is necessary for any reason, Provider will make commercially reasonable efforts to notify Customer with respect to the anticipated
down-time and/or other information pertinent to the affected Services.
Service Support. Provider provides support for the Services only as described at pursuant to any applicable
Service Level Agreement ("SLA") posted at www.broadband.com/lesal/SlA. NOTWITHSTANDING ANY TERM OF THESE TERMS AND
CONDITIONS OR ANY APPLICABLE SLA TO THE CONTRARY, PROVIDER DOES NOT SUPPORT ANY SERVICES BEYOND THE
PROVIDER POINT OF DEMARCATION, DEFINED AT WWW.BROADBAND.COM/LEGAL/SUPPORT.
Applicable Only If Customer Leases CPE from Provider: If Customer installation is required, then Customer must install such leased
CPE in accordance with instructions provided by Provider (or its third party vendor). Such CPE must be used solely to utilize Services.
Customer acknowledges and agrees that Provider retains title to such CPE at all times and will not remove or modify any marking
lndicating Provider's ownership of such CPE. Customer will allow Provider reasonable access to the CPE as required to provide the CPE
and/or any applicable Services. Customer acknowledges and agrees that any such leased CPE may be new or recertified. CPE leased by
Customer from Provider may be covered under a limited warranty provided by any applicable manufacturer or provider, which Provider will
extend to Customer without charge to the extent Provider can do so pursuant to Provider's agreements with any applicable manufacturer or
provider; however, Provider provides no warranty with respect to any such leased CPE (and/or CPE provider service). Customer will reimburse
Provider, on a time and materials basis, for Provider's entire cost to repair and/or replace any such CPE in the event of (a) misuse, (b) failure to
exercise reasonable care, (c) alteration of the original configuration of such CPE by Provider, (d) damage, (e) theft, or (f) disaster. If such CPE
requires maintenance not caused by one ofthe events set out in the preceding sentence, Provider (or its agents) will either alrange to repair such
CPE at Customer's premises or ship an equivalent pre-configured replacement to Customer. If Provider ships replacement CPE to Customer at
any time, Customer will return, at Customer's cost and expense, the replaced CPE to Provider not later than ten (10) days immediately after
Customer's receipt of the replacement CPE or pay for such replaced CPE. Customer will not receive any compensation or credit for any
BANDWIDTH.COM, INC. - Proprietary & Confrdential Inlormation
Terms and Conditions - Updated September 20 I I
Page I
7.
downtime or outages associated with the replacement or repair of any such CPE. Upon expiration or termination of these Terms and Conditions
and/or any applicable SOF for any reason, Customer will retum, at Customer's cost and expense, to Provider any leased CPE not later than ten
( l0) days immediately after the expiration or termination of these Terms and Conditions and/or any applicable SOF. Customer is responsible
for all risk of loss and damage to CPE being shipped to Provider pursuant to this Section 6. If Customer fails to retum such leased CPE in good
working condition to Provider not later than thirty (30) days immediately after the expiration or termination of the Service Term, Provider will
charge Customer (and Customer agrees to pay Provider) the greater of $5,000.00 or the commercial value of such CPE, which amount
represents the agreed-upon value of the CPE. If Customer terminates any applicable lease of any CPE prior to the expiration or termination of
any applicable Service Term, in addition to any amounts otherwise due and payable pursuant to the terms and conditions ofsuch lease, Provider
may charge Customer a restocking fee equal to twenty percent (20%) of the original purchase price of such leased CPE. Notwithstanding any
terms or conditions of any SLA to the contrary, except as otherwise expressly provided in this Section 6, Provider does not maintain, support or
manage any CPE, which will be the obligation of Customer solely. Customer is solely responsible for unauthorized access to or use of any
Services by any third-paffy through CPE, regardless ofwhether such unauthorized access is unintentional, accidental, intentional or fraudulent
and regardless ofwhether Customer had knowledge ofsuch unauthorized access.
Applicable Only If Customer Purchases CPE from Provider: CPE purchased by Customer from Provider may be covered under a limited
warranty provided by any applicable manufacturer or provider, which Provider will extend to Customer without charge to the extent Provider
can do so pursuant to our agreements with any applicable manufacturer or provider; however, Provider provides no warranty \ilith respect to any
such purchased CPE (and/or CPE provider service). All sales of CPE purchased by Customer from Provider are final; provided, however, if
Customer receives purchased CPE that is damaged or nonfunctional upon anival, (i) within ten (10) days of receipt of such damaged or
nonfunctional CPE, Customer must notify Provider via email to Customer Care at to request an RMA; (ii)
Provider only will accept returns of any such damaged or nonfunctional products within thirty (30) days of the date of the shipment to Customer
by Provider; (iii) any such damaged or nonfunctional CPE timely returned to Provider by Customer must be fully complete, including all
original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other
documentation included with the original shipment to Customer; (iv) Provider will not accept CPE returned in used or altered condition; (v)
Customer is solely responsible for all costs and expenses connected to the shipment to Provider ofany such damaged or nonfunctional products
shipped to Provider pursuant to this Section 7; (vi) Customer is responsible for all risk ofloss and damage to products being shipped to Provider
pursuant to this Section 7; and (vii) ifProvider determines that the CPE operates within manufacturer specifications upon return pursuant to any
applicable RMA, the affected CPE will be retumed to Customer at Customer's sole cost and expense, the sale of such CPE will remain final,
and Provider may charge Customer a restocking fee equal to twenty percent (20%) of the original purchase price of such CPE. Notwithstanding
any terms or conditions of any SLA to the contrary, except as otherwise expressly provided in this Section 7, Provider does not maintain,
support or manage any CPE, which will be the obligation of Customer solely. Customer is solely responsible for unauthorized access to or use
of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or
fraudulent and regardless ofwhether Customer had knowledge ofsuch unauthorized access.
ApplicableOnlylfCustomerObtainsManagedNetworkServicesPursuanttoAnyApplicableSOF: "ManagedNetworkServices"are
Services that may be specified in writing as "Managed Network Services" pursuant to any applicable SOF and is a solution in which the Internet
access CPE (whether provided by Customer or Provider) is managed by Provider. If Customer chooses to provide its own Intemet access CPE,
Customerhereby assigns full operational management responsibility, including, but not limited to, full management of the logical configuration
for such CPE, solely to Provider. Except as expressly provided in any applicable SOF, no Managed Network Services apply.
Applicable Only If Customer Obtains Professional Services Pursuant to Any Applicable SOF: "Professional Services" are any services
that may be specified in writing as "Professional Services" pursuant to any applicable SOF and is a service in which Provider provides certain
professional services to Customer as specified in such SOF. Except as expressly provided in any applicable SOF, no Professional Services
apply. All Professional Services will be provided by phone, email or other similar means from Provider's facilities.
10. nitting and Payment. Unless the terms and conditions of any applicable SOF provide for prepayment to Provider by Customer with respect to
any applicable Service(s), Customer will pay for all Service(s) not later than the date fifteen (15) calendar days immediately after the invoice
date reflected on Provider's invoice ("Due Date"). Provider will bill Customer, and Customer will pay, for Services at the rates stated in any
applicable SOF, including, without limitation, any applicable MRC and/or NRC, as well as any other charges or amounts as described in the
SOF and/or these Terms and Conditions. After any applicable Initial Service Term, Provider may increase any applicable rates, including,
without limitation, any applicable MRC and/or NRC, upon at least thirty (30) days written notice to Customer; provided, however, Provider may
at any time pass on to Customer any circuit price increases from any applicable underlying carrier(s) upon at least thirty (30) days written notice
to Customer. Bills and/or charges will include all applicable federal, state, and local taxes; all such taxes, and all use, sales, commercial, gross
receipts, privilege, surcharges, or other similar taxes, license fees, surcharges and miscellaneous fees, including but not limited to regulatory fees
such as Universal Service Fund and including, without limitation, any cost recovery fee which shall represent an accurate and non-inflated
recovery of Provider's, or any underlying provider's, miscellaneous tax, surcharge, and fee payments to federal, state or local governmental
authorities associated with the provision of Services by Provider to Customer pursuant to these Terms and Conditions and/or any applicable
SOF ("Taxes" and "Fees" or together "Taxes and Fees"), whether or not charged to or against Provider, will be payable by Customer.
However, if Customer provides proof of its exempt status for a specific Tax or Fee, Provider will not charge the applicable Tax or Fee due to
such exemption. If applicable, Customer will supply Provider a valid and properly executed tax exemption certificate(s) in the form of an email
(with supporting attachments) sent to with "Notice of Tax Exempt Status" in the subject line of the email. In
such cases Customer remains responsible for, and agrees to pay, any and all remaining non-exempt Taxes and Fees; tax exemption status
validation is solely the responsibility of Customer and Provider will not be obligated to consider any retroactive tax exemption. In the event of
any Regulatory Activity, Provider reserves the right, at any time with as much advance notice as reasonably possible and without liability, to: (i)
BANDWIDTH.COM, INC. - Proprierary & ConJidentiol Inlormation
Terms and Conditions - Updated September 201 I
8.
9.
Page2
pass through to Customer all, or a portion of, any Taxes and Fees directly or indirectly related to such Regulatory Activity; (ii) modiff the
Services, rates (including any applicable rate guarantees), promotions, terms and/or conditions of these Terms and Conditions and/or any
applicable SOF to conform to such Regulatory Activity; and/or (iii) if such Regulatory Activity materially and adversely impairs the provision
of Services pursuant to these Terms and Conditions and/or any applicable SOF, as reasonably determined by Provider, terminate these Terms
and Conditions, any applicable SOF and/or the provision of any applicable Services. Provider will commence billing for all MRC and any other
charges pursuant to these Terms and Conditions and/or any applicable SOF on any applicable Service Activation Date, Except as expressly
provided in any applicable SOF, the MRC applicable to any applicable Service for the first and second calendar months immediately following
the applicable Service Activation Date (and any then applicable NRC) will be billed upon the Service Activation Date. If applicable, the MRC
applicable to any applicable Service for the first partial calendar month immediately following the applicable Service Activation Date will be
proratedandbiltedaccordingly. Thereafter,theapplicableMRCforeachcalendarmonth(andanyapplicableNRC)willbebilledonorabout
the first day of such calendar month. Time is of the essence with respect to any amounts due or payable pursuant to these Terms and Conditions
and/or any applicable SOF. After fifteen ( l5) days of non-payment after the Due Date, all fees will accrue interest at a tate of one and one-half
percent (1,5%) per month or any part thereof, or the highest rate allowed by applicable law, and Customer will pay all collection costs incurred
by Provider (including, without limitation, reasonable attorney's fees). Il at any time after any applicable Due Date for any applicable bill,
Custorner has failed to make satisfactory payment as determined by Provider, Provider may give Customer written notification (by email or
otherwise), that Customer has committed a Default of these Terms and Conditions and/or any applicable SOF. Provider will provide the
"Notification of Default" at least two (2) business days prior to Provider's suspension or termination of any applicable Service for such
Customer. Customer must pay all outstanding amounts payable to Provider pursuant to these Terms and Conditions and/or any applicable SOF
within such two (2) business day period to avoid suspension or termination of any applicable Service. If Provider terminates any applicable
Service for such Customer due to non-payment pursuant to these Terms and Conditions and/or any applicable SOF, then, in addition to any
other amounts then due and payable by Customer to Provider, Customer also will be obligated to pay to Provider the fees described in these
Terms and Conditions and/or any applicable SOF. Upon termination of these Terms and Conditions and/or any applicable SOF(s), then
Provider may collect from Customer: (i) all amounts due and payable pursuant to these Terms and Conditions, including, without limitation, any
document incorporated by reference into these Terms and Conditions, for Service(s) provided prior to such termination, including, without
limitation, any past due balance at the time of such termination, and/or the remainder of the Service Term; (ii) the total of all minimum
commitments for any Service(s) for the remainder of the Service Term applicable pursuant to any applicable SOF(s); (iii) any early termination
charges, if any, specified in any applicable SOF(s) or any other document or agreement between Customer and Provider; and (iv) if such
termination arises pursuant to any Default, any non-recurring charges previously waived at any time by Provider. Customer acknowledges and
agrees that the damages arising due to the early termination of this Agreement would be difficult to determine and, therefore, for the sake of
efficiency, economy and convenience, any early termination charges constitute tiquidated damages and are not intended as a penalty or to be
punitive in nature. Upon the occurence of a Default (other than for nonpayment as provided above), Provider may immediately suspend or
terminate any applicable Service for such Customer. Provider may, at any time and in its sole discretion: (i) require a security deposit to
continue provisioning any applicable Service to Customer pursuant to these Terms and Conditions and/or any applicable SOF, if Customer's
level ofapproved credit, as determined by Provider in its sole discretion, is deemed insufficient, as determined by Provider in its sole discretion;
(ii) change payment terms, billing cycle, and/or any applicable Due Date(s); (iii) demand immediate payment by wire or other means and
discontinue any applicable Service for Customer without notice to Customer if Customer's level of approved credit, as determined by Provider
in its sole discretion, is deemed insufhcient, as determined by Provider in its sole discretion; and/or (iv) immediately block Customer's access to
or use of any applicable Service if a Customer's pre-paid balance is depleted, or Customer otherwise refuses to make any reasonably requested
payments. Provider retains the right to bill, including, without limitation, amend or correct any bill previously issued, for any applicable Service
provided pursuant to these Terms and Conditions and/or any applicable SOF, for a period of up to twelve (12) months, commencing from the
date of the provision of any applicable Services to Customer. Provider will retain such billing rights for such twelve (12) month period
notwithstanding any prior billing to Customer for the same period(s) and regardless of any otherwise conflicting billing conditions in these
Terms and Conditions and/or any applicable SOF. For the duration of such twelve (12) month period, Provider will not be deemed to have
waived any rights with regard to billing for any applicable Service provided pursuant to these Terms and Conditions and/or any applicable SOF
during such period, nor will any legal or equitable doctrines apply, including estoppel or laches. Unpaid bills and/or charges may be sent to
third party collection agencies.
11. nilnng Disputes. If Customer disputes any amounts charged to Customer by Provider pursuant to these Terms and Conditions and./or any
applicable SOF, Customer will pay in full all charges billed by any applicable Due Date and thereafter submit written notification, within thirty
(30) calendar days of the date of the disputed charges, in the form of an email sent to custornercarearDbroadband.com with "Notice of Billing
Dispute" in the subject line of the email. Such email notification must include Customer's complete contact information, the specific dollar
amount in dispute, detailed supporting calculations and reasons for the dispute, and any supporting documentation, ifavailable, in the body ofor
attached to, the email. Provider will respond to Customer, in writing, within thirty (30) calendar days immediately after receipt of from
Customer of any such notice of billing dispute. Any dispute resolved in favor of Customer will be credited as appropriate to the next bill
issuable by Provider pursuant to these Terms and Conditions and/or any applicable SOF. If Provider determines that any disputed amounts are
correct as billed pursuant to these Terms and Conditions and/or any applicable SOF, Provider will noti! Customer in writing that the charges
have been deemed valid and legitimate, and the dispute will be considered resolved by both parties; it for any reason, any amount(s) remain due
from Customer related to such dispute, then all such amounts will be due and payable immediately. Provider reserves the right to deny or delay
any and all billing disputes and/or credits if Customer's account is in arrears or otherwise not in good standing.
12. Resumption of Service. If Customer requests the restoration of any applicable Service to such Customer after a suspension or termination,
Provider has the sole and absolute discretion to restore any applicable Service to such Customer and may condition restoration upon satisfaction
of such conditions as Provider determines necessary, including, without limitation, Customer's execution or delivery of a new agreement,
payment of all past due amounts in full, completion of Provider's credit approval process, and/or the making of advance payments. Additional
NRC also may apply.
BANDWIDTH.COM, INC. - Proprietory & Confidential Informolion
Terms and Conditions Updoted September 20 I 1
Page 3
13. ,ldditional NRC and Usage Charges.
General. Provider also may invoice Customer for the following NRCs: (i) Changes of lP Addresses: S100.00; (ii) Service Reinstatement /
Resumption Fee: $200.00 (plus any charges imposed by underlying carrier(s) and/or pursuant to Section l2 above); (iii) Missed Appointment
Fee: $200.00; (iv) Rejected Credit Card/Unpaid Check: $40.00 (or legal limit, if lower); (v) Relocation Fee: varies upon address; (vi) Upgrade
Charge: varies upon specific upgrade requested; and (vii) Downgrade Charge: varies upon specific downgrade requested.
Inside Wirine. The availability of inside wiring installation is dependent upon a number of factors, including, without limitation, any applicable
service address and/or LEC availability. Any inside wiring provided by Provider's underlying carrier(s) may incur additional fees to the charges
listed in the SOF. Any request for inside wiring or wiring extension for any applicable Services will be provided on a best-effort basis only. In
many cases, Customer's LEC will not extend wiring beyond the Minimum Point of Entry ("MPOE") as determined by the LEC. In all such
cases, Customer will provide any needed intemal wiring or extensions (and required conduit, facilities, power, etc.) to the circuit required to
provision service unless Provider has agreed in writing to provide this service to Customer.
Special Construction Charse. When a Customer's location has insufficient facilities needed to support any applicable Service, the underlying
carrier(s) may add facilities that may impose an additional "special construction charge" or other similar charge. If this occurs, Provider will
notify Customer (via phone, email or other means) of the cost of these additional special construction charges, if available and if any, as well as
the estimated time to complete the construction. Customer must agree in writing to pay these additional special construction costs within three
(3)businessdays. IfCustomerfailstodoso,Providerwill cancel theSOFforlackoffacilitiesandtheSOFwill terminatewithoutliabilityto
either Customer or Provider.
Miscellaneous Charses. Miscellaneous charges and/or fees imposed by any third party carrier or any underlying provider from time to time,
whether charged to or against Provider, will be payable by Customer, including, without limitation, any cost recovery fee which shall represent
an accurate and non-inflated recovery of the miscellaneous charges and/or fees to or against Provider associated with the provision of Service(s)
by Provider to Customer.
: Additional usage charges stated in any applicable SOF
will be calculated based on Customer's monthly usage, which Provider will calculate as follows: Provider will take usage samples
approximately every five (5J minutes throughout the applicable month and will retain the higher of two [2) samples taken during each
five (5J minute period - one [1) sample that will reflect inbound usage / utilization and one (1) sample that will reflect outbound usage
/ utilization. At the end of the applicable billing period, the samples will be arranged from highest to lowest. Provider will discard the
top five percent (50/oJ of the samples for the purposes of calculating Customer's monthly usage. Provider will utilize the highest
remaining sample (i.e., the ninety-fifth percentile (950/o) peak Mbps port utilization) [the "Mbps Port Utilization"] to calculate
Customer's monthly usage. Provider will measure the Mbps Port Utilization to the 100tn decimal place, but the invoice will reflect the
Mbps Port Utilization only to the 10tt' decimal place. Provider wilt multiply the Mbps Port Utilization by the per-Meg rate listed on any
applicable SOF to calculate any applicable additional usage charges. Provider will charge Customer such additional usage charges as
well as any applicable base rate provided in any applicable SOF.
14. lp Addresses. Customer acknowledges that Provider retains title at all times to the IP addresses assigned to Customer in connection with any
Service. Upon IP address reassignment or expiration, cancellation or termination of these Terms and Conditions and/or any applicable SOF,
Customer will relinquish any IP addresses or address blocks assigned to Customer by Provider or its underlying carrier(s) and will perform all
acts reasonably requested by Provider to return to Provider full use ofsuch IP addresses and address blocks.
15. Default. Upon the occurrence of a Default, Provider may, in addition to delivering an Escalation Notice pursuant to Section l9(a) below: (i)
suspend Provider's performance of any or all Services without liability or further obligation immediately; (ii) terminate any or all SOF(s)
without liability or further obligation immediately upon written notification of termination to Customer; and/or (iii) terminate these Terms and
Conditions and./or any applicable SOF without liability or further obligation immediately upon written notification of termination to Customer.
Upon the occurrence of a Default, the following fees will apply, which Customer acknowledges and agrees are customary and reasonable and do
not constitute a penalty or premium: (a) any amounts due pursuant to these Terms and Conditions and/or any applicable SOF incurred prior to
such termination, (b) any amounts due pursuant to any applicable SOF with respect to any applicable Service, including, without limitation, the
total of any applicable monthly minimum commitments for any Services provided hereunder for the remainder of the applicable Service Term
and any other fees included in any applicable SOF, and (c) any NRC previously waived by Provider. All remedies expressed in this Agreement
are without exclusion as to any rights or remedies that the parties may have under this Agreement or which may be recognized under controlling
law.
16. Termination by Provider. In addition to any other right that Provider may have to terminate or suspend these Terms and Conditions and/or
any applicable SOF, if Provider determines, in its sole discretion, that Customer's ongoing use of any or all Services, and/or the specific method
or technology utilized by Customer places the network operated by Provider, other customers, partners or the overall business(es) of each in
jeopardy, Provider reserves the right to terminate these Terms and Conditions and/or any applicable SOF and Customer's access to any or all
applicable Services immediately and without notification.
17. Acceptable Use Policy. All use of any Services must comply with Provider's Acceptable Use Policy, which is posted at
www.broadband.com/legal/AUP, and is incorporated herein by reference. By using any Services, Customer agrees to comply with the AUP, as
BANDWIDTH.COM, INC. - Pruprietary & Conftdenrial Informotion
Terms and Conditions - Updated September 201 I
Page 4
modified by Provider from time to time in Provider's sole discretion. Any amendment to the AUP will be effective immediately upon the
posting of the modified AUP at www.broadband.com/legal/AUP. Violation of the AUP by Customer will constitute a Default pursuant to this
Agreement.
18. License; Intellectual Property.
(a) Subject to Customer's compliance with these Terms and Conditions and/or any applicable SOF, Provider grants Customer a non-
exclusive, non-transferable license to use any Electronic Tools provided by Provider from time to time solely in connection with Customer's use
of any Services during the Service Term. Such Electronic Tools may be incorporated into, and may incorporate itself, software and other
technology owned or controlled by third parties. Any such third party software or technology incorporated in any such Electronic Tools falls
under the scope of these Terms and Conditions. Any and all other third party software will be subject to Customer's acceptance of a license
agreement with such third party. Customer will use such Electronic Tools solely for lawful purposes in connection with Customer's use of
Services during the Service Term. Customer will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to
discover the source code or underlying ideas or algorithms ofany such Electronic Tools; (ii) modiiy, translate or create derivative works based
on any such Electronic Tools; (iii) rent, lease, distribute, sell, resell, assign, display, host, outsource, disclose or otherwise commercially exploit
or otherwise transfer rights to any such Electronic Tools or make any such Electronic Tools available to any third party; (iv) use any such
Electronic Tools for timesharing or service bureau purposes or otherwise for the benefit ofa third party; (v) remove any proprietary notices or
labels on any such Electronic Tools; or (vi) copy, reproduce, post or transmit any such Electronic Tools in any form or by any means, including,
without limitation, electronic, mechanical, photocopying, recording or other means.
(b) Any such Electronic Tool each is the Intellectual Property of Provider. Customer will not delete or in any manner alter the
copyright, trademark, and other proprietary rights notices or markings appearing on or in connection with any such Electronic Tool. Any third
party Intellectual Property included in any such Electronic Tool is the property ofthe respective owner ofsuch Intellectual Property and may be
protected by applicable law. Nothing in these Terms and Conditions and/or any applicabte SOF gives Customer any right or license to any
trademarks and/or trade names (whether registered or unregistered), signs, logos, icons, slogans, banners, screen shots, trade dress, links or other
brand features of Provider without the prior written consent of Provider, which consent may be withheld in the sole discretion of Provider for
any reason. If Customer from time to time provides suggestions, comments and/or other feedback to Provider with respect to any such
Electronic Tool, Provider may, in connection with any ofits products or services, freely use, copy, disclose, license, distribute and/or exploit any
such suggestions, comments and/or other feedback in any manner and without any obligation or restriction based on intellectual property rights
or otherwise. Provider will retain sole ownership of any such suggestions, comments and/or other feedback and Customer will not provide any
such suggestions, comments and/or other feedback subject to any terms that would impose any obligation on Provider or any of its customers or
partnerS.
19. Dispute Resolution Process and Applicable Law.
(a) It is the mutual desire of the parties to promptly and fully resolve any dispute arising in connection with these Terms and
Conditions and/or any applicable SOF in good faith, confidentially, and informally with minimal transaction costs; no public statement may be
made by any party regarding any such dispute. If either party determines that the dispute cannot be resolved informally, then such party will
initiate an escalation process by giving written notice ("Escalation Notice") to the other party. Each party will name one executive as its
representative, to be a person knowledgeable of the subject matter in dispute and someone with authority to discuss the dispute ("Officers").
The Officers will meet in person or by conference call, together with any persons assisting them, within fifteen (15) days after delivery of the
Escalation Notice. All negotiations conducted by the Officers are confidential and will be treated as compromise and settlement negotiations for
purposes of the Federal Rules of Evidence and any state rules of evidence. The Officers will conduct such additional meetings as they deem
necessary to exchange relevant information, will appoint staff to engage in resolution of any disputed facts, and will attempt to resolve the
dispute. Should the Officers be unable to resolve the dispute within such fifteen (15) days, or within such additional time as the parties may
otherwise agree to in writing, either pany may demand mediation, whereupon the parties will, in good faith, mediate the dispute no later than
thirty (30) days after such demand through the services of a mutually selected mediator, the cost of whom will be borne equally by the parties, at
a date and location selected by the mediator after consultation with the parties. IF THE DISPUTE IS NOT RESOLVED AFTER APPLYING
THE ESCALATION PROCEDURES SET FORTH ABOVE, THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN
ANY JUDICIAL PROCEEDING ARISING UNDER OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, AND AGREE
TO SUBMIT ALL CONTROVERSIES, CLAIMS AND MATTERS OF DIFFERENCE TO ARBITRATION ACCORDING TO THE
COMMERCIAL RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (..AAA'). ATbitTation heTeundeT wiII
occur within sixty (60) days of the date of submission before a single neutral arbitrator having significant experience in the subject matter of this
Agreement and who will selected in accordance with AAA rules. Arbitration proceedings will take place in Wake County, North Carolina.
Discovery will be permitted, including the use of interrogatories, requests for admission and production of documents and depositions. If the
amount claimed to be in dispute is less than 5500,000, all applicable expedited procedures of the AAA will apply. The arbitrator's fees and
costs of the arbitration will be bome by the party against whom the award is rendered, except that if the arbitrator issues a split decision,
grantingpartial relieftobothparties,thearbitratorwill equitablyallocatethearbitrator'sfeesandothercosts. Eachpartywill payitsattorney's
fees related to any dispute related to this Agreement. The arbitration award will be final and binding on both parties of this Agreement, will not
be subject to any appeal and will be enforceable in any court ofcompetentjurisdiction.
(b) ANy DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR lN COURT, WILL BE
CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR REPRESENTATIVE ACTION OR AS A
MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT BE A CLASS
BANDWIDTH.COM, INC. - Proprietary & ConJidential Information
Terms and Conditions - Updated September 201 l
Page 5
REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR
REPRESENTATIVE PROCEEDING.
(c) This Agreement will be governed by, construed under and enforced in accordance with the laws of the State of North Carolina
without reference to its choice of law principles or the United Nations Convention on the Intemational Sale of Goods. In the event any party
brings a civil action or initiates judicial proceedings of any kind related to this Agreement (except for actions to enter or collect on judgments),
the parties consent to the exclusive personaljurisdiction and venue ofthe federal and state courts located in Wake County, North Carolina and
the prevailing party will be entitled to recover its costs, including reasonable attorney's fees.
20. Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 21 BELOW, IN NO EVENT WILL PROVIDER OR CUSTOMER BE
LIABLE FOR ANY INDIRECT,INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION,
LOST PROFITS) ARISING OUT OF OR IN RELATION TO THE SERVICES, CPE, AND/OR ANY PRODUCTS OR SERVICE
PROVIDED BY THIRD PARTIES UNDER THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF. PROVIDER'S
MAXIMUM LIABILITY UNDER THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF IS LIMITED TO SERVICE
CREDITS NOT TO EXCEED THE FEES PAID TO PROVIDER BY CUSTOMER FOR THE APPLICABLE SERVICE PROVIDED
DURING THE PRECEDING TWELVE (I2) CALENDAR MONTHS.
21. Indemnity. Customer will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors,
representatives and affiliates from and against any and all actual or alleged losses, costs, claims, liability ofany kind, damages (including to any
tangible property or bodily injury to or death ofany person), or expense ofwhatever nature, (including reasonable attorneys' fees) to or by any
third party, relating to or arising from (a) the use of any Services provided to Customer, whether or not Customer has knowledge of or has
authorized access for such use, (b) any damage to or destruction ofCPE or equipment not caused by Provider or its agents, and (c) any breach of
these Terms and Conditions and/or any applicable SOF by Customer. Customer will be solely responsible for implementing any installation,
configuration, and/or connection of any CPE and has the sole and exclusive responsibility for the security and integrity of such CPE, if any.
Customer therefore will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors,
representatives and affiliates from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees
(including reasonable attorneys' fees) on the part ofor which may be incurred by Customer or a third-party relating to or arising from the use or
operation of CPE. Customer's indemnification in this Section 21 includes any actual or alleged losses or claims in connection with unauthorized
access to or use of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental,
intentional or fraudulent and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized
access through or to CPE, Customer retains full and sole responsibility for any and all charges for the use ofany Services as otherwise provided
in these Terms and Conditions and/or any applicable SOF. If Provider grants Customer access to any Electronic Tools, Customer agrees that it
is fully and exclusively responsible for all information accuracy, charges, costs, transactions, and activities conducted through such Electronic
Tools. Customer agrees that it is fully and exclusively responsible to safeguard, monitor, manage, and maintain access by any Electronic Tools,
and to only allow authorized use of such Electronic Tools to Customer's Administrator(s) or Account Administrator, as the case may be.
Customer will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors, representatives and
affiliates from and against any actual or alleged losses, costs, claims, liability ofany kind, damages, or expenses or fees (including reasonable
attorneys' fees) on the part of or which may be incurred by Customer, or a third-party, relating to or arising from the use or operation of
Electronic Tools, including, without limitation, any actual or alleged losses or claims in connection with unauthorized access to, use,
transactions, or activity conducted through the Electronic Tools, regardless of whether such unauthorized access is unintentional, accidental,
intentional, or fraudulent, and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized
access through or by Electronic Tools, Customer retains full and sole responsibility for any and all charges for the use of any Services as
otherwise provided in these Terms and Conditions and/or any applicable SOF.
22. wo Warranties and Customer Assumption of Risk. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE SLA,
ANY APPLICABLE SERVICE AND ANY CPE, EQUIPMENT, AND/OR RELATED SERVICES EACH IS PROVIDED "AS IS'' AND "AS
AVAILABLE'' AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF PROVIDER, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE,
RESELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-
INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROVIDER, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE,
RESELLERS DO NOT WARRANT THAT ANY FUNCTIONS OF ANY SERVICES, ANY CPE, EQUIPMENT, AND/OR RELATED
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES (OR
ANY SERVER THAT MAKES ANY SERVICES AVAILABLE) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF ANY SERVICES
OR ANY ELECTRONIC TOOL IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, UNAUTHORIZED ACCESS BY
THIRD PARTIES OR OTHERWISE. CUSTOMER (AND NOT PROVIDER) ASSUMES THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED
OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY SERVICES AND/OR ELECTRONIC TOOL IS AT
CUSTOMER'S SOLE RISK AND DISCRETION AND PROVIDER WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO
CUSTOMER OR CUSTOMER'S PROPERTY. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF ITS USE OF ANY
INFORMATION TRANSMITTED VIA ANY SERVICES AND/OR ANY ELECTRONIC TOOL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM PROVIDER, ITS EMPLOYEES OR THROUGH OR FROM ANY
SERVICE ANDiOR ELECTRONIC TOOL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY
BANDWIDTH.COM, INC. - Proprietory & Confidential Informotion
Terms and Conditions Updated September 201 I
Pa.ge 6
NOT APPLY.
PROVIDER WILL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY CUSTOMER FROM OR AGAINST ANY THIRD PARTY
CLAIMS ALLEGING THAT CUSTOMER'S USE OF ANY SERVICES OR ANY ELECTRONIC TOOL OR THE EXERCISE OF ANY
RIGHTS GRANTED HEREIN INFRINGES ON ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY. IF A CLAIM IS MADE,
OR IN PROVIDER'S REASONABLE OPINION IS LIKELY TO BE MADE, AGAINST PROVIDER, CUSTOMER OR ANY THIRD
PARTY ALLEGING THAT ANY APPLICABLE SERVICES OR ELECTRONIC TOOL OR ANY USE THEREOF INFRINGES ANY
INTELLECTUAL PROPERTY OF ANY THIRD PARTY, PROVIDER MAY, IN PROVIDER'S SOLE DISCRETION, TERMINATE THESE
TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF AND ALL RIGHTS AND OBLIGATIONS PURSUANT TO THESE
TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF.
23. Ttrira Party Beneficiaries. The parties do not intend by the execution, delivery, or performance of these Terms and Conditions and/or any
applicable SOF to confer any benefit, direct or incidental, upon any person or entity not a party to these Terms and Conditions and/or any
applicable SOF.
24. Miscellaneous. Customer is not relying on any affinnation of fact, description, or promise from (or purported to be from) any person or entity.
nor any oral or written representation or warranty that is not expressly included in these Terms and Conditions and/or any applicable SOF. Any
alterations or additions to these Terms and Conditions and./or any applicable SOF made by Customer by any means will not be considered part
of these Terms and Conditions and/or any applicable SOF. Provider's failure to insist upon or enforce strict performance of or strict compliance
with any provision of these Terms and Conditions and/or any applicable SOF shall not be construed as a waiver of any provision or right;
neither the course ofconduct between the parties nor trade practice shall act to modify any provision ofthese Terms and Conditions and/or any
applicable SOF entered into from time to time pursuant to these Terms and Conditions and/or any applicable SOF. These Terms and Conditions
and/or any applicable SOF may only be modified, or any rights under it waived, by a separate written document executed by both parties.
Customer may not assign these Terms and Conditions and/or any applicable SOF, by operation of law or otherwise, including, without
limitation, pursuant to any merger, stock purchase or other change in control of Customer, without Provider's prior written consent. These
Terms and Conditions and/or any applicable SOF will be binding on the parties hereto and their respective personal and legal representatives,
successors, and permitted assigns. If any provision of these Terms and Conditions and/or any applicable SOF is held to be invalid or
unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions and/or any applicable SOF will not be
affected thereby. In the event any specified time frame or deadline denotes calendar days, it is agreed that when the last date of required action
or response falls on a weekend or holiday, the action and/or deadline will automatically extend to the next business day. Headings are provided
for reference purposes only.
25. Definitions. For the purposes of these Terms and Conditions and/or any applicable SOF, the following terms will have the following meanings:
"Account Administrator" means Customer's Administrator who has access to (and is authorized to) modify Customer's billing and other
similar account information via any applicable Electronic Tool. For clarity, only one (1) Administrator will serve as Customer's Account
Administrator.
"Administrator" means a person (or persons) authorized to act on behalf of Customer, who is/are responsible for the administration and
management of the use of any applicable Services by Customer.
"Burstable Dedicated Internet Access Service" means dedicated Internet access services that provide the ability to "burst" above
otherwise applicable minimum bandwidth commitments during heavy{raffic periods.
"Default" occurs: (i) if Customer fails to make any payment for Services more than two (2) business days immediately after the applicable
Due Date, or any other payment contemplated by these Terms and Conditions and/or any applicable SOF on or before the date two (2)
business days immediately after any applicable required date; (ii) if Customer violates the AUP; (iii) if Customer fails to perform or
observe any term or obligation of these Terms and Conditions and/or any applicable SOF, including, without limitation, any document
incorporated by reference into these Terms and Conditions, not otherwise specified in clauses (i) or (ii) above and applicable to the
Services, which failure remains uncured thirty (30) calendar days after Customer's receipt of written notification from Provider informing
Customer of such failure; (iv) upon the institution ofbankruptcy, receivership, insolvency, reorganization or other similar proceedings, by
or against Customer, unless such proceedings have been dismissed or discharged not later than the date thirty (30) calendar days
immediately after the commencement of such proceeding; (v) upon the making of an assignment for the benefit of creditors, adjudication of
insolvency, or institution of any reorganization arrangement or other readjustment of debt plan, of or by Customer; and/or (vi) upon the
appointment of a receiver for all or substantially all of Customer's assets.
"Electronic Tools" means online access, application programming interface (API), or access by any other means, to a service
ordering/management system to access or manage customer's use of any applicable Services.
"lntellectual Property" means patents, pending patent applications, designs, trademarks and/or trade names (whether registered or
unregistered), copyrights and related rights, database rights, know-how, trade secrets and/or confidential information, and all other
intellectual property rights and similar or equivalent rights which currently exist or are recognized in the future, as well as all applications,
extensions and renewals in relation to any such rights.
"IP" means Intemet Protocol.
BANDWIDTH.COM, INC. - Propiletary & Confidential Information
Terms and Condilions - Updated September 201 I
Page 7
"LEC" means local exchange carrier.
"MPLS Services" means those multiprotocol label switching services described in the SOF by and between Provider and Customer.
"MRC" means monthly recurring charge.
"NRC" means non-recurring charge.
"Regulatory Activity" means any laws, regulations or other similar mandates (including, without limitation, any fees, surcharges or other like
charges imposed or mandated) by any federal, state or other governmental agency at any time.
"RMA" means a Retum Materials Authorization.
"service Term" will mean the period commencing on the Service Activation Date during which any applicable SOF remains in effect with
respect to any Services. For clarity, the "Service Term" will expire and/or terminate immediately upon the date when all SOFs entered into
with respect to any Services from time to time will have expired and/or terminated by their terms.
"services" means those services described in the SOF by and between Provider and Customer, which services may include Burstable
Dedicated Internet Access Services, dedicated Intemet access services, Managed Network Services, MPLS Services, Professional Services,
and./or private line services.
Page 8
BANDWIDTH.COM, INC. - Proprielary & Confidential Informotion
Terms and Conditions - Updaled September 201 I
REGEIVED
Nov 2 6 2014
DATE:
TO:
FROM:
RE:
RECEIVED
NOV 2 rt 2014
CITY ADMINISTRATION
cN cLtRKSottlcE STAFF REPORT
VERNON POLICE DEPARTMENT
December 9,2014
Honorable Mayor and City Council
Daniel Calleros, Police Chaet W
Memorandum of Understanding - Use of Los Angeles
Regional lnteroperable Communications System Authority User
Equipment
Recommendation
It is recommended that the City Council:
1. Find that the approval of the Memorandum of Understanding ("MOU") proposed in
this staff report is exempt under the California Environmental Quality Act (CEaA). ln
accordance with Section 15061(b) (3), the general rule is that CEQA only applies to
projects that may have an effect on the environment.
2. Approve and authorize the City Administrator to enter into a MOU with the Los
Angeles Regional lnteroperable Communications System Authority ("LA-R|CS") on
behalf of the City of Vernon, in substantially the same form as submitted herewith,
for the loan of LA-RICS User Equipment (portable radios) to the Vernon Police
Department.
Backqround
LA-RICS is a Joint Powers Authority ("JPA') formed to develop a region-wide radio
communication system that enables emergency responders from different agencies
serving Los Angeles County to communicate with one another when called upon for
mutual aid assistance. The City of Vernon is a member of the LA-RICS JPA.
ln May 2014, the LA-RICS Approval Authority approved reallocation of 2010 State
Homeland Security Grant Program funds to purchase portable handheld radios for
distribution to smaller agencies of the LA-RICS JPA. As an LA-RICS member agency,
the City of Vernon Police Department is being offered 23 Motorola Dual-Band Portable
Radio (with UHF and VHF MHz enabled) with the capability to be used on the Police
Department radio system and the LA-RICS Land Mobile Radio System (LMR). The
LMR system is not expected to be fully operational until 201 6 or 2017 . However, the
portable radios could be deployed using our current radio system. Given the dual-band
capabilities, these radios will enhance interoperable radio capabilities for patrol
personnel during mutual aid activities.
As to membership in the region-wide LA-RICS radio communications system, LA-RICS
has prepared a Funding Plan that spreads the operational and maintenance costs ofthe
communication system among the JPA member agencies. The cost allocations are
based on population size of the agency. Under the current Funding Plan, the initial cost
for the Vernon Police Department is estimated at $7,400 for the first year. However, the
cost will increase to $27,000.00 the following year and increase about 15-20% every
year thereafter.
The City of Vernon and police agencies in the region are currently reviewing these cost
allocations, and have until November 24,2015, to decide whether to remain a member
agency of the LA-RICS JPA. There are a number of police agencies that have already
decided to opt-out of the JPA, which could cause the cost allocation assigned to the
remaining agencies to increase significantly. Staff is actlvely participating in JPA
discussions and has requested LA-RICS to prepare a revised Funding Plan after the
November 24th opt-out deadline that reflects the increased costs to the remaining JPA
member agencies. The LA-RICS Board of Directors appears receptive to this request.
Staff will continue monitoring the status of region-wide participation and cost impacts
and will provide to the City Council a recommendation whether the City should continue
membership in LA-RICS. Should the City decide to opt-out of the LA-RICS JPA prior to
the November 24, 2015 deadline, the loan radios will be returned to the JPA as required
by the MOU, at no penalty to the City.
Fiscal lmpact
There is no cost to the City to enter into an equipment loan MOU with the LA-RICS.
The use of the 23 Motorola Dual-Band portable radios represents a savings of
approximately $120,000 to the City of Vernon if the City were to purchase the same
type of radio equipment.
MEMORANDUM OF UNDERSTANDING FOR
USE OF LA.RICS USER EQUIPMENT
THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made and entered
into this _ day of
BY AND BETWEEN
2014,
MEMBER AGENCY,
CITY OF VERNON,
hereinafter referred to as "Member";
AND
THE LOS ANGELES REGIONAL
INTEROPERABLE
COMMUNICATIONS SYSTEM
AUTHORITY ("LA-R|CS"), a Joint
Powers Authority, hereinafter
collectively referred to as the 'Authority".
WHEREAS, pursuant to Agreement No. LA-RICS 007 between LA-RICS and
Motorola Solutions, lnc. (Motorola) for an Land Mobile Radio System (LMR System)' the
Authority procured portable radios, radio accessories, consolettes and consoles (User
Equipment) for Authority member agency use on the LA-RICS Land Mobile Radio
(LMR) early deployment system (Core 1, Corc 2 and 8 repeater sites) to establish proof
of concept for the LMR System, provide a training bed for member agency users on the
LMR System, as well as transitioning the User Equipment to the LMR System in
accordance with the Authority/member agency approved migration plan, once Final
System Acceptance is achieved;
WHEREAS, the Authority wishes to enter into a Memorandum of Understanding
(MOU) for loan of LA-RICS User Equipment to Member;
WHEREAS, Member is a member agency of LA-RICS;
WHEREAS, Member is agreeable to accept and use the User Equipment,
including on the LA-RICS early deployment system and the LMR System, once Final
System Acceptance has been achieved.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions set forth herein, the parties hereto and each of them do agree as follows:
1, PURPOSE
The purpose of this MOU is to allow the Authority to loan Member certain User
Equipment identified in Exhibit A (Equipment Details Log) and for Member to use
2.
the equipment in a proper manner and perform preventative maintenance
inspections, all in accordance with Exhibit B (Equipment Manufacturer
Requirements and Recommendations), and undertake other related activities.
EQUIPMENT FOR AUTHORITY MEMBER USE
Member acknowledges possession and use of the User Equipment is for
member agencies in the LA-RICS Authority. lf at any time following the
execution of this MOU, Member elects to withdraw as a member agency from the
Authority, Member shall return all the User Equipment set forth in Exhibit A
(Equipment Details Log) to this MOU within the time specified in Section 6.01,
Withdrawal of Members, of the LA-RICS Joint Powers Agreement (JPA).
CONDITIONS OF USE
Member shall:
3.1 Comply with and abide by all required preventative maintenance
inspections and directions provided by the Authority and User Equipment
manufacturer in order to properly maintain the User Equipment, in
accordance with Exhibit B (Equipment Manufacturer Requirements and
Recommendations).
3.2 Report any lost, stolen or damaged User Equipment in accordance with
Exhibit C (Lost, Stolen, or Damaged Equipment).
3.3 Maintain an Equipment Log to track equipment (e.9. location, assigned
personnel, etc.).
3.4 Provide LA-RICS Equipment Administrator with an updated Equipment
Log on the same day a change in location/assignment occurs.
3.5 Maintain a file of all copies of Exhibit D (Equipment Delivery Receipt) upon
delivery of equipment to the City.
TERM OF MOU
4.1 The MOU shall commence upon execution by both parties and shall remain
in effect until terminated by either party as provided herein, and as
stipulated by Section 6.01, Withdrawal of Members, of the LA-RICS JPA.
4.2 Either party shall have the option of terminating this MOU at any time for
any reason upon giving the cancelled party notice in writing at least ninety
(90) calendar days in advance of such termination. All User Equipment set
forth in Exhibit A (Equipment Details Log) must be returned prior to
conclusion of the 90 calendar day notice.
3.
4.
2
5. CONSIDERATION
This MOU is granted on a gratis basis in furtherance of public safety goals.
Consideration for this MOU is parties'full and faithful compliance with the mutual
promises, covenants, terms and conditions set forth herein.
6. EQUIPMENTADMINISTRATOR
6.1 AuthorityEquipmentAdministrator:
Los Angeles County Sheriffs Department
LA-RICS Project Team
Sergeant Alfred Ortega
2525 Corporate Place, Suite 200
Monterey Park, CA 91754
adorteqa@lasd.orq
323-881-8111
6.2 Authority EquipmentAdministrator Designee:
Los Angeles County Sheriffs Department
LA-RICS Project Team
Deputy Dana Gower
2525 Corporale Place, Suite 200
Monterey Park, CA 91754
dqqower@lasd. orq
323-881-8284
6.3 MemberEquipmentAdministrator:
City of Vernon Police Department
Police Chief / Daniel Calleros
4305 Santa Fe Ave
Vernon, CA 90058
dcalleros@covpd.org
323-587-5171, ext. 114
6.4 Member Equipment Administrator Designee:
City of Vernon Police Department
Police Lieutenant / Jerry Winegar
4305 Santa Fe Ave. Vernon, CA 90058
jwinegar@covpd.org
323-587-517, ext. 116
J
7.NOTICES
7.1 Notices desired or required to be given pursuant to this MOU or by any
law shall be provided in the manner set forth in Section 7.2 and addressed
as follows:
Notices to Authority shall be addressed as follows, unless otheruise
stipulated in the MOU exhibits:
LA-RICS Joint Powers Authority
Attn: Ms. Susy Orellana-Curtiss
2525 Corporate Place, Suite 200
Monterey Park, CA 91754
Susy.orellana-cu rtiss@la-rics.orq
Notices to Member shall be addressed as follows:
City of Vernon
Vernon Police Department
Attn: Daniel Calleros, Chief of Police
4305 Santa Fe Ave.
Vernon, CA 90058
7.2 Notice will be sufficiently given for all purposes as follows:
a) Personal delivery. When personally delivered to the recipient,
notice is effective on delivery.
b) First Class mail. When mailed first class to the last known address
of the recipient, notice is effective three mail delivery days after
deposit in a United States Postal Service office or mailbox.
c) Certified mail. When mailed certified, return receipt requested,
notice is effective on receipt, if delivery is confirmed by a return
receipt.
d) Overniqht deliverv. When delivered by an overnight delivery
service, charges prepaid or charged to the sender's account, notice
is effective on delivery, if delivery is confirmed by the delivery
service.
e) Facsimile transmission. When sent by fax to the last known fax
number of the recipient, notice is effective on receipt. Any notice
given by fax will be deemed received on the next business day if it
is received after 5:00 p.m. or on a non-business day.
4
8.
f) Email. When sent by email, notice is effective on receipt. Any
notice given by email will be deemed received on the next business
day if it is received after 5:00 p.m. or on a non-business day.
7.3 Any correctly addressed notice that is refused, unclaimed, or
undeliverable because of an act or omission of the party to be notified, will
be deemed effective as of the first date the notice was refused, unclaimed
or deemed undeliverable by the postal authorities, messenger or overnight
delivery service.
7.4 Addresses and persons to be notified may be changed by either party by
giving ten (10) calendar days prior written notice thereof to the other party.
RETURN OF USER EQUIPMENT
8.1 ln accordance with conditions of this MOU, the Member shall return all
User Equipment set forth in Exhibit A (Equipment Details Log) to the
Authority Equipment Coordinator via personal delivery at the address
indicated in Sections 6.1 and 6.2.
8.2 lf Member does not return the User Equipment in good working condition,
minus normal wear and tear, as set forth in Exhibit A (Equipment Details
Log) within the time stipulated in this MOU, the Authority may require
Member to provide replacement or reimbursement within (30) calendar
days of failure to return such User Equipment or if the equipment is
returned in a poor or inoperative condition.
INDEMNIry
Member shall indemnify, defend, and hold harmless the Authority, its elected and
appointed officers, member agencies, employees, contractors and agents from
and against any and all liability, including but not limited to demands, claims,
actions, fees, costs, and expenses (including attorney and expert witness fees),
arising from the Member's acts andior omissions arising from and/or relating to
this MOU, except such liability as is caused by the sole negligence or willful
misconduct of the Authority or any of its officers, employees, contractors or
agents.
INDEPENDENT STATUS
This MOU is by and between Member and Authority and is not intended and shall
not be construed to create the relationship of agent, servant, employee,
partnership, joint venture or association as between Member and Authority.
9.
10.
5
12.
13.
14.
15.
11, ASSIGNMENT
This MOU is personal to Authority and the Member, and, in the event the
Member shall attempt to assign or transfer the same in whole or in part, all rights
hereunder shall immediately terminate,
DEFAULT
Member agrees that if default shall be made in any of the terms or conditions
herein contained, Authority may forthwith revoke and terminate this MOU.
WAIVER
13.'l Any waiver by either party of the breach of any one or more of the
covenants, conditions, terms and MOUs herein contained shall not be
construed to be a waiver of any other breach of the same or of any other
covenant, condition, term or MOU herein contained, nor shall failure on
the part of either party to require exact, full and complete compliance with
any of the covenants, conditions, terms or MOUs herein contained be
construed as in any manner changing the terms of this MOU or stopping
either party from enforcing the full provisions thereof.
13.2 No option, right, power, remedy, or privilege of either party shall be
construed as being exhausted by the exercise thereof in one or more
instances. The rights, powers, options, and remedies given either party by
this MOU shall be cumulative.
INTERPRETATION
Unless the context of this MOU clearly requires otherwise: (i) the plural and
singular numbers shall be deemed to include the other; (ii) the masculine,
feminine and neuter genders shall be deemed to include the others; (iii) "o/' is
not exclusive; and (iv) "includes" and "including" are not limiting.
GOVERNING LAW, JURISDICTION, AND VENUE
This MOU shall be governed by, and construed in accordance with, the laws of
the State of California. The parties agree and consent to the exclusive
jurisdiction of the courts of the State of California for all purposes regarding this
MOU and further agree and consent that venue of any action brought hereunder
shall be exclusively in the County of Los Angeles.
SEVERABILITY
lf any provision of this MOU is held invalid, the remainder of this MOU shall not
be affected thereby if such remainder would then continue to conform to the
terms and requirements of applicable law.
16.
,17, AMENDMENTS
All changes, modifications, or amendments to this MOU must be in the form of a
written Amendment duly executed by authorized representatives of the Authority
and Member.18. ENTIRE MOU
This MOU, Exhibits A, B, C, and D, and any executed Amendments, between the
parties hereto, and no addition or modification of any terms or provisions shall be
effective unless set forth in writing, signed by both Member and Authority.
(Signature Page - following page)
7
MEMORANDUM OF UNDERSTANDING FOR
USE OF LA-RICS USER EQUIPMENT
lN WITNESS WHEREOF, Authority has executed this MOU or caused it to be duly
executed, and Member, by Order of its authorizing body, has caused this MOU to be
executed on its behalf by its duly authorized representatives, on the dates written below.
CITY OF VERNON
City Administrator Date
LOS ANGELES REGIONAL TNTEROPERABLE COMMUNICAT]ONS SYSTEM
AUTHORITY
Executive Director, Patrick J. Mallon Date
8
EXHIBIT A
EQUIPMENT DETAILS LOG
APX TOOOXE -
Portable Radio Dual
Band with UHF and
VHF MHz Enabled
Vernon Police
Department
4305 Santa
Fe Ave,
Vernon,
CA
9
Cost per
Unit Address
EXHIBIT B
EQUIPMENT MANUFACTURER REQUIREMENTS AND RECOMMENDATIONS
PREVENTATIVE MAINTENANCE INSPECTIONS
10
EXHIBIT C
LOST, STOLEN OR DAMAGED EQUIPMENT
ln the event Equipment provided under this MOU is lost, stolen or damaged, the
Member Equipment Administrator shall provide the following:
1. Provide email notification or notification by way of the United States Postal
Service (with delivery confirmation) to LA-RICS Equipment Administrator, as set
forth in Section 6 of the MOU, on the day the Equipment is discovered lost,
stolen or damaged;
z. File an lncident Report in accordance with Member policies and procedures,
providing a copy of completed Report to the LA-RICS Equipment Administrator.
The Report shall include;
o Type of equipment, i.e., portable radio, console, consolette, accessory,
etc.;o Equipment serial number as reflected on the Equipment asset tag/asset
tag log for lost equipment;o Description of the circumstances surrounding the loss or damage
including dates and times;o Senior level management finding on the cause of the loss/damage and a
determination of negligence involved; and
" Report number.
a. lf Equipment replacement is required, the LA-RICS Equipment Administrator will
make the determination whether replacement can and/or will be provided, and
whether a cost will be assessed to Member.
11
EXHIBIT D
EQUIPMENT DELIVERY RECEIPT
Equipment Serial Number Equipment Condition
APX 7000XE - Portable Radio Dual
Band with UHF and VHF MHz
Enabled
Equipment Delivered By:
Signature Date
Print Name
Signature
Print Name
Equipment Received By:
Page _ of _
Date
RE0'. q\fE'D
NOv 2 4 i'i14
CIY CLERKS OIIICE
POLICE DEPARTMENT
Daniel Calleros, Chief of Police
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323)587-5171 Fax (323) 826-7481
November 17,2014
Honorable City Council
City of Vernon
Vernon, California
Honorable Members:
Attached are copies of the Vernon Police Department Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 o.ffi.,
Novembe r | , 2014 up to and including midnight of November 15 , 2014 .
Respectfully submitted,
VERNON POLICE DEPARTMENT
sr_J &_t/b._,,-
DANIEL CALLEROS
CHIEF OF POLICE
DC/dr
RECEIVED
Nov | 7 20lt
CITY ADMINISTRATION
lE4c htsiv e ty Infustriot
VERNON POLICE DEPARTMEIYT
D ep artment Activity Rep ort
furisdiction' vERNoN
Firsl Date: 11t01t2014
Last Date: 11t'tst2o14
Department Complaint
Type Description
All Units Primary Unit
VPD
't0-6
1 0-96H
10-96M
't40
20002
20002R
242R
245R
415
422R
459A
459R
459S
45gVR
476R
484
484R
487
487R
503R
586
594
594R
602
653M
653MR
901
9017
9027
9O2TR
909C
909E
9097
91 1
91 1A
9174
925
AB109
AGGR ANI
ASTVFD
BOSIG
BOVEH
CITCK
CIVIL
CODE5
coP
DET
DETAIL
oFFtcER rs 10-6 c7,961,962,10-10, WASH. EQUIPt\
PICK UP THE JAIL PAPER WORK FROM HP JAIL
10.96 MARY (MAIL DETAIL)
SUPPLEMENTAL REPORT
NON-INJURY HIT AND RUN
NON-INJURY HIT AND RUN REPORT
BATTERY REPORT
ASSAULT WITH A DEADLY WEAPON REPORT
DISTURBING THE PEACE
TERRORIST THREATS REPORT
AUDIBLE BURGI.ARY ALARM
BURGI.ARY REPORT
SILENT BURGI.ARY ALARM
BURGI.ARY TO A VEHICLE REPORT
FMUD REPORT
PETTY THEFT
PETTY THEFT REPORT
GRAND THEFT
GRAND THEFT REPORT
EMBEZZLEMENT REPORT
PARKING PROBLEM
VANDALISM
VANDALISM REPORT
TRESPASS
ANNOYING PHONE CALLS
ANNOYING PHONE CALLS REPORT
UNKNOWN INJURY TRAFFIC COLLISION
INJURY TMFFIC COLLISION
NON-INJURY TRAFFIC COLLISION
NON-INJURY TRAFFIC COLLISION REPORT
TRAFFIC CONTROL
TMFFIC ENFORCEMENT
TRAFFIC HAZARD
911 MISUSE / HANGUP
CONTACT THE REPORTING PARTY
ABANDONED VEHICLE
SUSPICIOUS CIRCUMSTANCES
PROBATION / PAROLE COMPLIANCE CHECKS
AGGRESSIVE ANIMAL
ASSIST VERNON FIRE DEPARTMENT
BROKEN SIGNAL OR LIGHT
BROKEN DOWN VEHICLE
CITATION CHECK
CIVIL MATTER
SU RVEI LI.ANCE/STAKE-OUT
COP DETAIL
DETECTIVE INVESTIGATION
DETAIL
65
2
5
I
2
5
I
I
6
I
80
5
I
2
I
I
6
2
J
I
l9
I
4
I
I
3
3
2
JJ
I
I
5
2
7
6
2
t4
I
I
7
I
l0
6
I
2
8
J
I
67
2
5
1
4
8
2
2
14
1
145
10
3
3
1
3I
11
5
1
21
3
5
2
1
3
5
6
58
2
1
5
3
6
9
2
44
2
2
9
2
14
8
1
6
8
8
1
11/17/2014 07:00:09 Page of
VERNON POLICE DEPARTMENT
D epartment Activity Report
furisdiction' vERNoN
First Dale: 111o1t2014
Last Date: 1'll'l5l2o'14
Department Complaint
Type Description
All Units Primory Unit
VPD
DPTAST
DUI
FILING
FU
GTAR
HBC
ILLDPG
K9 TRAINING
LPR
MR6O
PANIC AI.ARM
PAPD
PATCK
PEDCK
PRSTMN
REC
RECKLESS DF
REPO
ROADRAGE
RR
TRAFFIC STOI
UNATTACHED
VCK
VEH RELEASE
WELCK
DEPARTMENTAL ASSIST
DRIVING UNDER THE INFLUENCE
OFFICER IS 10-6 REPORT WRITING
FOLLOW UP
GRAND THEFT AUTO REPORT
HAILED BY A CITIZEN
ILLEGAL DUMPING
K9 TRAINING REMINDER, OBTAIN LOCATION
LICENSE PI.ATE READER
MISC REPORT
PANIC AI.ARM/DURESS AI.ARM
PUBLIC ASSIST-POLICE
PATROL CHECK
PEDESTRIAN CHECK
PRISONER TRANSPORTED
RECOVERED STOLEN VEHICLE
RECKLESS DRIVING (23103)
REPOSSESSION
ROAD RAGE
RAIL ROAD PROBLEM
TRAFFIC STOP
UNATTACHED TRAILER
VEHICLE CHECK
VEHICLE RELEASE
WELFARE CHECK
1
6
36
13
3
9
1
1
12
4
10
16
52
22
b
19
8
3
4
2
124
1
41
14
12
I
J
35
8
3
5
I
I
4
2
)
8
35
l3
6
7
4
J
I
I
104
I
25
t2
6
Deparlment:954 625
Overall:954 626
11/17/2014 07:00:09 Page of
VERNON POLICE DEPARTMENT
Police Activity Report
PeriodEnding: llll5ll4
TRAFFIC COLLNIONS
TOTAL
NON-INJURY
INruRY
Pedestrian
Fatalities
City Property Damage
Hit & Run (Misdemeanor)
Hit & Run (Felony)
Persons Injured
YEHICLES STORED
Unlicensed Driver
Abandoned/Stored Vehicle
Traffic Hazard
CITATIONS
Citations Iss (Prisoner Release)
Citations Iss (Moving)
Citations Iss (Parking)
Citations Iss (Total)
Hazardous
Non-Hazardous
Other Violations
CASES CLEARED BY ARREST
AR14-33s CR142004 11377(A) HS
AR14-336 CP.t420t2 r08s1(A) VC
AR14-337 CRr42036 108s1(A) VC
AR14-338 CR142050 422PC
ARl4-339 CP.t420s2 487(A) PC
AR14-341 CR142054 10851(A) VC
PROPERTY RECOVERED
VEHICLES: $15,000.00
PROPERTY RECOVERED FOR
OTHER DEPARTMENTS
VEHICLES: $58,500.00
NO.
13
8
5
4
J
I
5
79
10
89
56
23
t4
8
VERNON POUCE DEPARTMENT
REPORT FOR PERSONS ARRESTED
PERIOD ENDING 11/15/14
ADULT
MALE FEMALE TOTAL
ASSAULT W[T}I A DEADLY WEAPON
BURGLARY
CRIMINAL THREATS 1 1
DOMESTIC VIOLENCE
GRAND THEFT 2 2
IDENTITY THEFT
POSS. CONTROLLED SUBS.1 1
POSS. STOLEN PROPERTY
RAPE
ROBBERY
VEHICULAR MANSLAUGHTER
VEHICLE THEFT 5 5
TOTAL FELONY ARRESTS 7 0 7
D
MALE FEMALE TOTAL
BRANDISHING FIREARM
CRIMINAL THREATS
DRIVING UNDER THE INFLUENCE
HIT AND RUN
PETTY THEFT
POSS. NARC. PARAPHERNAUA
RESTRAINING ORDER VIOLANON
TRESPASSING
VANDALISM
WARMNTS (BENCHTTRrc)
WARMNTS (FOREIGN)1 1 2
TOTAL MISD. ARRESTS 1 1 2
MALE FEMALE TOTAL
BURGLARY
PETTY THEFT
POSS. STOLEN PROPERTY
VANDAUSM
VEHICLE THEFT
TOTAL JUVENILES DET.0 0 o
TOTAL FELONY ARRESTS (ADULT) TO DATE:
TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE:
TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE:
TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE:
115
22L
342
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
First Date: 1110112014
Last Date: 11t0112014Jurisdiction' vERNoN
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address
Oflicer
anit Time
BNSF
3770E26TH, VERNON
VPD DISPATCH *DISP
T-MOBILE (877) 653-791 1
S ATLANTIC BL // BANDINI BL, VERNON
VPD VASQUEZ.LUIS '2L11 16:34:48
VPD VEI.ASQUEZ,RIC}2L12
HOLMES // SLAUSON AV, VERNON
VPD REYNA.JOSE S -1112
VPD HERNANDEZ.MIG'IL11
VPD VALENZUEI-A,FEI1L8 22:28:29
Enroute OnScene
Deparlmeru OCA NumbervPD cR20141994
1 5:35:17
Remove C,
20t4ttt93s4
REPO
20141119356
RPT
201 41 I 19365
CITE
VI
111O112014 15:33:32
REPO
'l'llO1l2O'14 16:34:32
9027
'tlto1120'14 22"28:26
TRAFFIC STOP
Department
VPD
16:34:55 16:40:48
16:35:40 16'.42:30
DeDqrtment
VPD
22:28.27
22'.32:13
22:28:29 22:32'.28
RMS Juris
cAo1 97300
RMS Juris
cAo197300
RMS Juris
cAo197300
1 5:51 :16
23:21:08
23:2'l:OB
23:21:09
OCA Number
cR2014'1995
OCA Number
cR20141996
11/02/2014 05:20:1!Page of
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date:
Lasl Date:
11tO212014
filoa20'14
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address
Dep Oflicer Enroute OnScene Depart Arrive Remove
20141119384
RPT
20r411r9386
RPT
1110212014 09:58:44
9027
1110212014 1 0:1 7:36
GTAR
1'llO2l2O14 13:04:35
REC
DeDurtment
VPD
10:00:40 1 0:03:00
10:05:31 10:06:07
Depsrtment
VPD
13:05:50
13:05:58 1 3:1 'l :31
13:05:52 13:11:28
OCA Number
cR20'14'1997
OCA Number
cR20141999
RMS Juris
cAo197300
10:22:25
RMS Juris
cAo197300
11:37:49
RMS Juris
cAo't97300
13:40:50
FARMER JOHN
S SOTO // VERNON AV, VERNON
VPD HERNANDEZ.EDV-212
VPD VILLEGAS.RICHA2Ll
ARMANDO
EVERETT CT // FRUITI.AND AV, VERNON
VPD MADRIGAL,MART2L3
SI.AUSON AV // ATLANTIC BL. VERNON
VPD SANTOS,DANIEL *2S2
VPD VILLEGAS.RICHA2Ll
VPD MADRIGAL.MARII2L3
DeDartmeru OCA NumbervPD cR20141998
10:36:39
1O152:49
13:4'l:48
13:41:48
11/03/2014 06:32:14 Page of
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 11t03t2014
Last Date: 11to3t2o't4
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Unit Time
2014t119459
RPT 'l1lO3l2O14 13:02:23
459R
1110312014 14:51:48
MR6O
1',103t2014 22"11:3',1
VCK
DeDsrlmenr
VPD
'l 1:18:39 11:25:45
Deparlment
VPD
13:09:33 1 3:18:50
1 3:16:58 13:21:50
Department
VPD
14:54:57 14:58:19
14:55:02 '15:01 :1 5
15:00:26
Department
VPD
22:'11:31
22:24'.33
22:19:55
OCA Number
cR20142000
OCA Number
cR20142001
OCA Number
cR20142002
OCA Number
cR20142003
Remove
15:14:27
RMS Juris
cA01 97300
22:59:31
Unit Dispatch Enroute OnScene Deoart
1110312014 1'l:14:44 MILLENIUM PRODUCTS
GTAR 4646 HAMPTON. VERNON
VPD HERNANDEZ.EOV?L12
VPD
VPD
VPD
VPD
VPD
SOUTHERN CALIFORNIA EDISON
4912E26TH, VERNON
HERNANDEZ.ED\T2L'12
MADRIGAL.MARV2L'11
PRINCIPAL HERNANDEZ
2360 E VERNON AV, VERNON
HERNANDEZ.ED\r2U2
VILLEGAS.RICHA2L9
NEWTON.TODD M1
12:11:15
'16:40:09
16:40:10
23:04:28
23:04:28
4353 EXCHANGE AV. VERNON
VPD CERDA.EUGENIO-119
VPD HERNANDEZ.MIGlLlO
VPD CERDA.PAUL.JR 1112
11/04/2014 05:30:4t Page 1of
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
First Date: 11t04t2014
Jurisdiction' vERNoN Lost Dale: 11t04t2014
Call Number Disp Ten Received
Code Compluint
Caller
Address Unit Time
Dep Oflicer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20l4lll9g)2RpT 1110412014 O7t15tO5 JORGE LAva9o2T E vERNoN AV//ALGoA Av. vERNc" Dad'r 2 (ru Numhu nMs,luis''' vPD cR2or42oo5 cAotg73oo
VPD NEWION,TODD 2110 07:16:37 07:17:36 07:23:10 08:09:15
VPD HERNANDEZ,EDI2LII 07:17:34 07:19:21 08:08:45
2014t 119508VREC 11/04/2014 08:30:19 HppDLOCATE MILES //ZOE, HUMTINGTON PARK
20r4ttt95t4
RPT 11lUl2O14 10:03:24 K AND K CO
901 T
2014r119536
RPT
HELtoTRopE sT // DtsTRtcr BL, vERNoN Departmeru OCA Number RMS JurisvPD CR20142004 CA0197300
VPD ZOZAYA.OSCAR -111 1
VPD HERNANDEZ,MIGlLlO
VPD CERDA.EUGENIOlL9
VPD NEWTON,TODD 2L,IO
VPD HERNANDEZ,EDV2Lll
VPD ZAPIEN,DAVID 2s.2
00:54:26
00:56:13 01:OO:27
00:56:27 0'l:00:33
10:10:32 10:'12:43
10:06:55 10:08:21
10:10:51
02'.25.16
02:25:18
1'1 :04:16
11:40:01
02:36:12
12:22:15
'12:22:'14
16:50:07
2835 E 26TH. VERNON
VPD MADRIGAL,MARP2LS 10:05:45 10:06:27 10:12:42
Deparlmeru OCA Number RMS JurisvPD CR20142006 CA0197300
1'110412014 15:35:59 ALEJANDRO DELEON
9O2T E VERNON AV // ALAMEDA, VERNON ;
VPD MOSCOSO,CHRIS*2L 12 15:36:53 15:36:54
DeDartmeru OCA Number RMS JurisvPD CR20142007 CA0197300
20141 I I 9538
VREC '1110412014 15:48:52
LOCATE GLADWICK // AVALON, GARDENA
11/05/2014 05:48:41 Page 1 of 2
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
First Date: 11t04t2o14
Last Date: 1110412014Jurisdiction' vERNoN
Coll Number Disp Ten Received
Code Complaint
Caller
Address
Officer
Ilnit Time
Enroute OnScene
1110412014 1
LOCATE GI.ADWICK // AVALON. GARDENA
1110412014 20:02:39
242R 4305 S SANTA FE AV, VERNON
VPD CERDA,PAUL.JR -,I112
VPD CERDA,EUGENIOlL9
4305 S SANTA FE AV, VERNON
VPD ZOZAYA,OSCAR *1111
11/05/2014 05:48:41
20141119548
RPT
'l1lo4l2l14 22:46'.32
PAPD
DeDartmeru OCA NumbervPD CR20142008
20:03:26
20:19:45 20:23:40
DeDartmeru OCA NumbervPD cR20142009
22:46:39 23 08 00
Page 2 of
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
furisdiction' vERNoN
Firsl Dale: 11tost2o14
Lasl Date: 11tost2o'14
Call Number Disp Ten
Code
Caller
Address
Deo Officer
Received
Comolaint Unit Time
Enroute OnScene Depart Remove Comp
20141119562
RPT
VI
20141 I 19563
RPT
1015
VREC
20141119566
RPT
20141t19569
RPT
CITY
20t4ttt957t
VREC
RPT
1'110512014 05:54:59
484R
1110512014 06:34:'17
TRAFFIC STOP
11lOSl2O14 06:54:58
REC
1110512014 07:19:23
594R
'l1lO5l2O'14 08:12:10
9027
'l1lO5l2O14 08:15:56
REC
DeDartment
VPD
05:56:04 05:58:33
OCA Number
cR20't42010
RMS Juris
cAo1 97300
06:46:43
RMS Juris
cAo'197300
06:58:02
RMS Juris
cAo1 97300
07:'13:17
07:40:28
07:40:27
07:1 3:1 6
RMS Juris
cA01 97300
08:06:49
RMS Juris
cAo't97300
RMS Juris
cAo197300
4305 S SANTA FE AV, VERNON
VPD CERDA,PAUL,JR -1L12
S SANTA FE AV II 51ST. VERNON
VPD GAYTAN,LORENZ-M2
Deparlmeru OCA NumbervPD CR20142011
06:34:'17
VPD
VPD
VPD
VPD
VPD
VPD
VPD
S SOTO // FRUITI.AND AV, VERNON
GAYTAN,LOREN2'M2
ESCOBEDO,ALDELl l
ZAPIEN,DAVID 2s2
STEVENSON,KENK92
NEWTON,TODD M1
IRIS
3317 E sOTH, VERNON
MOSCOSO,CHRIS-218 07:22:33
E 38TH // SANTA FE AV.
STEVENSON,KEN*K92
ESCOBEDO.ALEI2L1l
VERNON
08:13:51
Department
VPD
06:58:07
07:16:09
07:08:2'l
07:08:14
06:59:04
DeDarlment
VPD
07:23:13 07:34:32
DeDsrlment
VPD
08:14:29 08:26:18
08:15:45
OCA Number
cR201420',t2
OCA Number
cR20142013
OCA Number
cR201420'15
08:15:38
08:49:3'l
08:49:31
Depsrlmen OCA NumbervPD CR20142014
11/06/2014 05:35:1!
AYERS AV II26TH, VERNON
Page
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times snd Location with OCA's
FirstDate: 1'ttostzo't4
furisdiction' vERNoN Last Date: 11tost2o14
Call Number Disp Ten Received
Code Comolaint
Caller
Address Ilnit Time
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20t4ttt957t
VREC '1110512014 08:15:56
RPT REC AYERSAV//26TH, VERNON
VPD GAYTAN,LORENZ*M2
20141119580
VREC 1110512014 1'l:23:3'l
LOCATE 3755 RANDOLPH. HUNTINGTON PARK
2014r 119s86
RpT 1110512014 '13:15:12
REPO REPO 2955 FRUTTLANDAV, VERNON
VPD RECORDS BURETRECD
20141 l 19s90
VI 1'110512014 15:08:29
C;TE TRAFFIC STOP 5899 DOWNEY RD. VERNON
RPT
20141 r r9600
Departmeru OCA Number RMS JurisvPD CR20142014 CA0197300
08:15:56
DeDartmeru OCA Number RMS JurkvPD CR20142016 CA0197300
13:18:38
DeDurlmeru OCA Number RMS JurisvPD CR20142017 CA0197300
08:31:53
'13:27:40
17:05:07
11/06/2014 05:35:1!
VPD GAYTAN.LORENZM2 16:44:1 8
Page 2 of 3
i
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
lurisdiclion: vERNoN
Fbsl Dale: 1lnsr2ofi
Last Date: 1 o5t2o14
Call Numher Disp Ten Received
Code Comolaint
Caller
Address Unil Time
Ar ve Remove
VI
CITE
RPT
20141119601
RPT
1110512014 18121118
TRAFFIC STOP AI.AMO AV // SLAUSON AV, VERNON
VPD GAYTAN,LORENZM2
1110512014 19:O2t4O
487R 2345 E 52D, VERNON
VPD VALENZUELA,FETlL,I2
RMS Jutis
cAo197300
DeDarlmeru OCA NumbervPD CR20142020
18121:18
DeDa meru OCA NumbervPD CR20142021
19:25:33
18:4,l:46
19:46:26
RMS Jutis
c40197300
11/06/m14 05:35:14 Page 3 of 3
VERNON POLICE DEPARTMENT
Call Log Report Type AII Unit Times and Location with OCA's
First Dale: 11106t2014
furisdiction' vERNoN Last Date: 't'ttolt2o14
Call Number Disp Ten Received
Code Complaint
Caller
Address anil Time
Dep Officer Unit Disputch Enroute OnScene Depart Arrive Remove Comp
20141119623
RPT
VI
CITE
20141119624
RPT
VI
CITE
20t4ttt963t
RPT
VI
CITE
20141119642
RPT
VI
CITE
20141119646
1110612014 02:07:36 MTCHEAL |-ANE
9017
1110612014 06:33:47
VCK heliotropE // 52D, VERNON
VPD GAYTAN,LORENZM2
1'110612014 07:O7:24
TRAFFIC STOP 58OO S DISTRICT BL, VERNON
VPD GAYTAN,LORENZM2
VPD GAYTAN,LORENZM2
1'llOGl2014 11:09:27
VCK E 45TH // PACIFIC BL. VERNON
VPD GAYTAN,LORENZM2
2570 E25TH, VERNON
VPD VALENZUELA.FEI-1L'12 02:07:56 02:09:36 02:11:58
VPD ZOZAYA.OSCAR 118 02:08:47 02:'1 1:00
Deparlmem OCA Number RMS JurisvPD CR20142022 CA0'197300
Deuartmeru OCA Number RMS JurisvPD CR20',t42023 CA0197300
03:28:53
07:O7:26
03:57:52
07.34:34
09:13:49
11.53:52
'l1106120'14 08:26:09
TnnFFTc srop SANTA FE // BELGRAVE. HUNTTNGToN pARK DeDartmen ocA Number RMS Juris' vPD CR20142025 CA0197300
06:33:52
Departmeru OCA Number RMS JurisvPD CR20142024 cA0197300
07:07:27
08:26:09
DeDurlmeru OCA Number RMS JurisvPD cR20142026 cA0197300
1'l:09:27
11/07/2014 05:23:2i Page 1 of 2
VERNON POLICE DEPARTMENT
Cull Log Report Type All Unit Times and Location with OCA's
lurisdiction' vERNoN
First Date: 11loit2o14
Lasl Dale: 1'Uo$t2o14
Call Number Disp Ten
Code
Caller
Address
Dep Officer
Received
Comolaint Unit Time
20141119646
VREC
VOID MAI.ABAR // 56TH, VERNON
VASQUEZ,LUIS -2L1'I
STEVENSON,KET\K92
Enroute OnScene DeDart
DeDarlmeru OCA NumbervPD CP20142027vPD CR20142028
'12:32:06
12:39:23
Remove
RMS Juris
cAo197300
cAo197300
12:39:34
VPD
VPD
13:20:31
11/07/2014 05:23:2i Page
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 11107t2014
Last Date: 1'tto7t2o14
Call Number Disp Ten Received
Code Complaint
Caller
Address Unit Time
VPD
1110712014 19:15:39
9027
VPD
1110712014 22:07:56
20002
VPD
VPD
2761 FRUITI-AND AV. VERNON
VEI-ASQUEZ,RrcT2L12
vERlzoN W|RELESS 800 451 5242 4
41OO BANDINI BL, VERNON
I-ANDA,RAFAEL -1Ll 1 19:18:37
S SOTO // BANDINI BL, VERNON
HERNANDEZ.MIG-1 L12
VALENZUELA,FEII LS
13:34:16
Depurlment OCA NumbervPD CR20142030
19:'18:40 19:24:00
22:07:56
22:09:09
23:05:35
23:05:3522:26'.49
11/08/2014 05:15:5t Page of
Den Officer Unit Disoatch Enroute OnScene Deoart Arrive Remove Comp
VERNON POLICE DEPARTMENT
Coll Log Report Type All Unit Times and Locstion with OCA's
First Date: 11lolt2o14
Jurisdiclion' vERNoN Lasl Date: 11t08t2o14
Call Number Disp Ten Received
Code Complainl
Caller
Address Unit Time
Dep Officer Unil Dispatch Enroute OnScene Depart Anive Remove Comp
2ot{tttvt24
RpT 11lOEt2o14 07:51:44 OSCAR VEGA
4E4R 241oE38TH.VERNoN Deparlmefi OCA Numlw RMs Ja'itvPD CR20112032 C40197300
vPD oocHERTY.MlClf2L2 07:53:40 07:53:59 o7:s7:1o
VPO 2L1 07:57'.07 0A:08:38 08:29147
20141119125
Rpt 213 11/0&2014 09101:50
v rneFFrc srop FRUTTLANDAV// MAywooDAV. vERNoN or#"^'m\i$* Xi"!ri6t
CITE
VPD VASQUEZ,LUIS '2L8
VPD VELASQUEZ.RIC12L3
09:01 :50
09:08:59
09:49:02
0929:32
11/09/2014 05:3i:03 Page 1 ol 1
VERNON POLICE DEPARTMENT
Call Log Report Type AA Unit Times and Location with OCA's
First Date: 11t09t2014
Jurisdiction' vERNoN Last Date: 11t09t2014
Call Number Disp Ten Received
Code Comolaint
Caller
Address Unit Time
Deo Officer Unit Dispatch Enroute OnScene Deoarl Arrive Remove Comp
20141119758
RPT
2014t119763
VS 't1109120'14 07:06:07
917A
20141119779
RpT 1'llogl2l'14 17:48:34
VREC REC
1015
1110912014 04:56:25 AT&T MOB|L|W BOO 635 6840 4
E sOTH // BOYLE AV, VERNON
VPD HERNANDEZ,MIG-IL2 04:57:18 04:57:22 04:59:12
VPD LANDA,RAFAEL 111 04:58:'14 05:04:32
DeDsilmeru OCA Number RMS JurisvPD CR20142034 CA0197300
E VERNON AV//AI.AMEDA. VERNON
VPD DOCHERT,MICFI2LI 07:05:57 07:06:58 07:13:10
DeDarlmeru OCA Number RMS JurisvPD CR20142035 CA0197300
Deparlmeru OCA Number RMS JurisvPD CR20142036 CA0197300
O5:20:02
18:58:03
18:56:45
19:'12:07
05:41:48
07:52:56
19:59:17
S SOTO // FRUITLAND AV, VERNON
VPD VILLEGAS,RICHA*2L2
VPD DOCHERTY.MICI-211
VPD MADRIGAL.MARII2L3
VPD SANTOS.DANIEL 2S2
17:48:34
17:49:38 17:52:OB
18:27:O'l 18:40:13
20t4ttt978tRpT 11109120'14 18:33:56
VREC LPR S SOTO il26TH. VERNON
VPD LANDA,RAFAEL -1 L1 1
VPD HERNANDEZ,MIGl 112
VPD VALENZUELA.FEIlLS
17:49:53
DeDartmen OCA Number RMS JurisvPD CR20142037 CA0197300
18:37:01 '18:37:32
1 8:39:1 9 18:40:08
18:37:02 18:37:56
19:47:17
'19:47:17
19:47:17
11/10/2014 00:48:1t Page I of I
,,:ERNON POLI CE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Firsl Dale: 11t1ot2o14
Jurisdiction' vERNoN Last Date: 11t1ot2014
Call Number Disp Ten Received
Code Complaint
Caller
Address Unit Time
Deo Oflicer Unit Dispatch Enroule OnScene Depart Arrive Remove Comp
20141119807
RPT
VI
CITE
20141 I 1981 4
RPT
VS
2014111983s
RPT
'l1l1ol2l'14 06:32:13 UNTTED PACIFIC DIST
1'111012014 07:29:48
TRAFFIC STOP DOWNEY RD // VERNON AV, VERNON
VPD NEWTON,TODD -M1
VPD MADRIGAL.MARII2L12
1111012014 08:18:06
TRAFFIC STOP LEONIS BL // DOWNEY RD. VERNON
VPD VILLEGAS.RICHA*2110
VPD MADRIGAL,MARII2L12
1111012014 09:08:11 pUNCH pRESS PRODUCTS
417R 2035 E 51ST. VERNON
VPD MADRIGAL,MANT2L1.2
1111012014 11:O'l:52 WHOLESALE
9O2T 5580 S ALAMEDA, VERNON
VPD HERNANDEZ.EDT2Lg
VPD ZAPIEN,DAVID 2s.2
'l1/l0l2014 11:37:58 OSCARACOSTA
459R 2709E37TH, VERNON
VPD MADRIGAL,MARIT2L12
4507 MAYWOOD AV, VERNON
VPD CHAVEZ,CELEST*1LB 06:34:43 06:35:27 06:45:07
VPD HERNANDEZ,MIGI Ll 1 06:39:09 06:39:09 06:44:51
DeDsilmeru OCA Number RMS JurisvPD cR20142038 CA0197300
DeDarlmeru OCA Number RMS JurisvPD cR20142039 CA0197300
07:32:40
07:'19:22
O8:O1'.42
08:01 :02
09:21:50
08:56:04
11:26:48
12:09:26
12:29:'12
14:45:07
07:29'.48
07:35:09 07:39:45
Department OCA Number RMS JurisvPD CR20142040 CA0197300
08:20:04
08:38:1 1
Deparlmen OCA Number RMS JurisvPD CR2014204',1 cA0197300
09:20:47 10:56:10
DeDsrlmeru OCA Number RMS JurisvPD CR20142042 CA0197300
11:06:59 'l 1:09:55
'l'l:12:21
DeDartmeru OCA Number RMS JurisvPD CP2]0'.142044 CA0'197300
'11:43:44 'l'l:47:47
11/11/2014 01:39:21 Page 1 of 2
IlERNON POLICE DEPARTMENT
Call Log Report Type All (Init Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 11t10t2014
Last Date: 11t10t2014
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Unit Time
20141119835
RPT
20141119839
RPT
20141119857
VI
RPT 2111
CITE
111'1012014'12:27:'19
9027
J C PRODUCE INC.
2838 S AI-AMEDA. VER
ZAPIEN,DAVID *252
MOSCOSO.CHRtS2Ll'l
HERNANDEZ,EDV2L9
ENCINAS.ANTHO5D35
NEWTON,TODD M1
Unil
1111012014 1 1:37:58 OSCAR ACOSTA
459R 2709 E 37TH, VERNON
VPD HERNANDEZ.EDV2L9
DeDartment
VPD
12:09:50 12:'15:12
Enroute OnScene DeDarl Remove
RMS Juris
cAo1 97300
'12:29:46
RMS Juris
cAo197300
13:48:31VPD
VPD
VPD
VPD
VPD
'12:29:'18
12:30:31
12:29:58
12:31:44
'12:30:40
Deparlmeru OCA NumbervPD CR20142043
12:3'l :55
12:37:29
12:34:36
12:33:31
Departmen OCA NumbervPD CR20142045
'15:47:02
'13:48:42
't3"48:42
16:22:24
11|lO2O14 15:47:02
UNATTACHEDTR E DISTRICT BL // EVERETT AV. VERNON
VPD MOSCOSO.CHRIS-21,I1
11/11/2014 07:39:2t Page of 2
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiclion' vERNoN
First Date: 11t11t20't4
Last Date: 11t11t2o14
Call Number Disp Ten
Code
Received
Complaint
Caller
Address Unit Time
20r41il9903
RPT
20r4rrr9905
RPT
201411t9923
RPT
1'll'1112014 05:1'l:32
9027
1111112014 O8:44:4'l
92OPR
1111'll2O'14 08:55:43
484R
1'll1'll2O14 12:06:22
TMFFIC STOP
1'l111l2O'14 13:55:18
487R
BRENDA
47OO E DISTRICT BL, VERNON
CERDA,PAUL.JR *1L1 1
REYNA,JOSE S 1L1O
CERDA.EUGENIOl L9
DUNN EDWARDS
4885 E 52ND PL. VERNON
OKK TRADING
5190 S SANTA FE AV, VERNON
E sOTH // SOTO, VERNON
NEWTON,TODD -M1
MOSCOSO.CHRts2Ll2
26 CENTER DISTRIBUTION
5O1O LOMA VISTA AV, VERNON
Dispatch Enroute OnScene
DeDarlment
VPD
05:.'12'.40 05:18:35
05:'19:35
05:17:41
VPD
VPD
VPD
OCA Number
cR20'142046
OCA Number
cR20142047
OCA Number
cR20',142048
OCA Number
cR20142049
Remove
RMS Juris
cAo197300
06:'18:21
05:50:03
RMS Juris
cAo197300
12:49'.3O
RMS Juris
cA01 97300
14:01 :1 6
14:08:'10
RMS Juris
cAo197300
VPD
VPD
06:24:00
12:5649
15:40:47
VPD HERNANDEZ,EDV-2L11
VPD MOSCOSO.CHRIS2Ll2
13:58:51
1'll1'll2l14 19:19:45 MARTO RICARDO
GTAR 312,I FRUITLAND AV. VERNON
VPD RAMOS,JOSE -1L2 19:2'l:14
11/12/2014 05:45:5i Page
19:49:35
I1of
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 11t't2t2014
Last Date: 'nna2og
Call Number Disp Ten Received
Code Complaint
Caller
Address Unit Time
FOUR SEASON
2801 E VERNON AV, VERNON
VPD NEWTON,TODD *2L12
Enroute OnScene
08:17:43 08:24:06
20t{t11995:}toj5 11h2ruU Utl4:'to
RpT FU 10311 WASHINGTON BL AVE. SOUTHGATE
VPD ENCINAS,ANTHO-5D35
VPD ONOPA,DANIEL 5D34
VPD PEREZ.NICK DSAM
14:14:16
15:51:25
15:02:00
17:45.57
17:45:56
15:5'l:30
11/17/2014 06:58:1!
DeDarlment OCA Number RMS JurisvPD CR20142050 CA0197300
09:'14:48
Page 1 of 1
VERNON POLICE DEPARTMENT
Cull Log Report Type All Unit Times and Location with OCA's
furisdiction' vERNoN
First Date: 11t1312014
Last Date: 11113t2014
Call Number Disp Ten
Code
Caller
Address
Dep Officer
Received
Complaint Unit Time
20141119996
REPO
20141119997
VREC
2014r 12000r
1015
RPT
20141120006
RPT
20141120007
RPT
20141120009
Unil
1111312014 1'l:'lO:21 STATE W|DE RECOVERY
REPO 3058 E VERNON AV, VERNON
VPD RECORDS BUREIRECD
11113120'14 11:26:47
REC 5991 ALCOAAV,VERNON
VPD VASQUEZ,LUIS *2L11
1111312014 13:49:45
487
Enroute OnScene Deparl
DeDarlmeru OCA NumbervPD CR20'.142051
11:11:53
'11:26:47
Deparlmeru OCA NumbervPD CR20',142052
13:51:06
13:51 :08
14:05:37
14:05:51
1352:20
14:02:48
14:04:57
14:02:52
13:57:38
14:'12:'11
14:12:08
13:57:30
Department
VPD
1 6:03:20 1 6:1 1 :55
'16:15:24
DeDorlment
VPD
16:41:16 '16:45:'18
't7'.12'.27
OCA Numher
cR20142053
OCA Number
cR20142055
Remove
RMS Juris
cAo1 97300
12:42:05
RMS Juris
cAo1 97300
16:46:59
14:5'l'.32
16:24:41
14:51:38
14:51 :35
RMS Juris
cAo'197300
16:47:18
RMS Juris
cAo1 97300
16:46:53
11:29:59
1 9:1 8:50
19:18:50
17:14:56
VPD
VPD
VPD
VPD
VPD
VPD
VPD
5014 HAMPTON. VERNON
VELASQUEZ.RrcT2Ll2
VASQUEZ.LUIS 2L11
ESCOBEDO,ALE}218
ZAPIEN.DAVID 252
MARTINEZ.GABR5D3l
ONOPA,DANIEL 5D34
STEVENSON,KENK92
13:50:39
13:50:41
1111312014 16:01 :54
9027
VERIZON WIRELESS 8OO 451 5242 4
BANDINI BL // ATI.ANTIC BL, VERNON
16:03:03VPD VASOUEZ.LUIS *2L11
VPD ZAPIEN,DAVID 2S2
1111312014 16:22:27
2OOO2R 2801 E VERNON AV, VERNON
VPD ESCOBEDO,ALE}-218
VPD ZAPIEN.DAVID 2s2
11/17/2014 06:58:5(Page of
18:37:13
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Iurisdiction' vERNoN
First Date: 11t1312014
Lasl Date: 11t13t2014
Call Number Disp Ten
Code
Received
Complaint
Caller
Address Unit Time
20141120009
20t41120014
RPT 11/1312014 20:28:30
594
11113120'14 20:36:46
REC
'l1l'1312014 23:15:18
TRAFFIC STOP
S SOTO II26TH, VERNON
VELASQUEZ.RrcT2L12
ESCOBEDO.ALE)(218
ZAPIEN,DAVID 2S.2
ENCINAS,ANTHOSD3S
YOU WANTA DEAL
1926 E 51ST, VERNON
CERDA,EUGENIO-118
VALENZUEI.A,FEI1L12
VALENZUEI.A,FEIlXLl2
ALBERTO
E 48TH // AIAMEDA, VERNON
ESTMDA,IGNACTlSl
CERDA.EUGENIOl LS
RODRIGUEZ.FERlXSl
16.47:1O
16:47.12
16:47:27
20:30:57
2'l :05:16
Department
VPD
20:40:54
20:44:02 20.45.21
20:40:59
DeDartment
VPD
23:1 5: 1 9
23:22:44
23:22:57 23:25:24
16:49:24
16:49:26
16:47:25
'16:5'1 :01
DeDarlmenr OCA NumbervPD CR20142056
20:36:02
21:16:42
21:08:40
Remove
RMS Juris
cA01 97300
18:57:48
1 8:50:1 9
17'.12:21
18.07:46
RMS Juris
cAo197300
20:43:49
21:16:46
RMS Juris
cAo197300
21:3342
21:33:40
RMS Juris
cAo't97300
23:23:00
0O'.02:28
1 015
RPT 2L12
VREC
Dispatch Enroute OnScene Deparl
DeDtrtment OCA NumbervPD CR20142054
VPD
VPD
VPD
VPD
VPD
VPD
VPD
VPD
VPD
VPD
20:30:57
21:30:41
21:30:41
21:30:42
OCA Number
cR20142057
OCA Numher
cR20142058
21:34:11
22:1O:14
00:03:13VPD
VPD
VPD
LEONIS BL // BOYLE AV. VERNON
CERDA,EUGENIO-118
I.ANDA.RAFAEL 1L1 1
VALENZUELA,FEIlLl2
11/17/2014 06:58:5(
23:22:43
Page of
111'1312014 16:46:37
LPR
2
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiction' vERNoN
First Date: 1'114t2014
Last Date: 1111412014
Cull Number Disp Ten
Code
Caller
Address
Deo Oflicer
Received
Complaint Unit Time
Enroute OnScene Depart Arrive Remove
RPT
ASST
1'111412014 12:51:46
901 E 38TH // ALAMEDA, VERNON
VPD DOCHERTY.MICFT2L.I
VPD VASQUEZ,LUIS 2L2
DeDailment
VPD
12:52:39 '12:54:04
12:54:37 13:18:50
OCA Number
cR2o142059
12'.58:47
14:12:27
14:'12:27
11/15/2014 00:1i:0t Page
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA's
Jurisdiction' vERNoN
Firsl Date: i1t1st2o14
Last Date: 't1t1sl2o14
Call Number Disp Ten
Code
Received
Comolaint
Caller
Address Unit Time
Unil Dispatch Enroute OnScene Remove
1',U',t5t2014
459R
06:05:14 TADIN HERB & TEA
3345 E SLAUSON AV. VERNON
HERNANDEZ.MIG-1111
LANDA.RAFAEL 1L12
VALENZUELA,FEIl LS
06:08:19
06:08:33
06:13:27
12:14:13 1227:'12
DeDailment
VPD
17:54:14
18:04:28
17:54:16
DeDarlment OCA NumbervPD CR20142060
06:1 1 :54
06:13:58
06:13:55
VPD
VPD
VPD
07:02:47
07:02:48
07:02:48
1 3:05:1 9
19:14:58
20141120091
SUP
20141t20106
RPT
.t 0.t 5
11115120'14 12:09:36
140
VPD
11115120'14 17:50:30
925
VPD
VPD
VPD
TADIN HERB & TEA
3345 E SI.AUSON AV, VERNON
DOCHERry,Mrcff2Lz
MATEO IN BAY
2O5O E 37TH, VERNON
VELASQUEZ,RICT2L3
VILLEGAS.RICHA2Ll
SANTOS.DANIEL 2S2
OCA Number RMS JuriscR20142061 CA0197300
18:39:50
18:39:53
17:53:43
17:53.44
11/16/2014 01:i6:0i Page of
RECEIVED
CITY CL
TO:
RECEIVED
N()V 2 5 20ltt
Honorable Mayor and City Council
PREPARED BY: Lissette Melendez, Engineer d(,
APPROVED BY: Samuel Kevin Wil tor of Public Works, Water & Development Services
RE:Quitclaim Deed and Fire Lane Easement-3250 Saco Street
Recommendation
It is recommended thatthe City Council:
L Find that the acceptance of the Quitclaim Deed and Fire Lane Easement proposed in this staff report
are categorically exempt under the California Environmental Quality Act (CEQA) in accordance with
CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects that may
have an effect on the environment; and
2. Accept the Quitclaim Deed and Fire Lane Easement, attached to this staff report, and authorize the
Mayor to execute said documents.
Background
As part of a property redevelopment, 37th Street Industrial Investors, LLC is proposing to construct a new
building over a portion of the existing fire lane easement on the property. The City requires that the existing
fire lane easement be quitclaimed and that a modified fire lane easement be recorded. The Engineering
Division has received a fully executed Fire Lane Easement by 37th Street Industrial Investors, LLC and a
Quitclaim Deed for the properly located at3250 Saco Street, assessor's parcel number 6302-006-013. The
new ingress and egress easement to the City creates a fire roadway on the site which must be maintained open
and passable for oversized emergency vehicles, equipment and related uses, and kept free and clear of all
obstructions, temporary and permanent alike.
The easement has been reviewed and approved by the Code Inspector in the Fire Department. The Easement
and Quitclaim Deed have been approved as to form by the City Attorney's Office.
Fiscal Impact
Acceptance of the proposed Fire Lane Easement and Quitclaim Deed has no fiscal impact.
SKW:lm
Attachment
STAFF REPORT CITY ADMINISTRA
PUt'LIG WORKS, WATER & DEVELOPMENT SERVICES
December 912014
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vernon
4305 SantaFeAvenue
Vernon, CA 90058
Attention: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
THE spACE ABovE IS FoR REC.RDER'' usE
QUITCLAIM DEED
Regarding Easements
THE UNDERSIGNED GRANTOR(s) DECLARE(s):
DOCUMENTARY TRANSFER TAX IS $0. CITY TAX $0. The value of the property in this
conveyance exclusive of liens and encumbrances is $100 or less, and there in no additional consideration
received by the grantor, R & T 1 191 L
The undersigned hereby certif, that we are holders of a fire lane easement in the City of Vemon, County
of Los Angeles, State of California, on, over and across that portion of Parcel "B" of deed, in the City of
Vernon, County of Los Angeles, recorded as Instrument Number 20121838859 on December 03,2012,
Official Records, in the Office of the County Recorder of said County, exempted and reserved in
Instrument No. 2012188 6574 rccorded December 7,2012, Official Records of Los Angeles County.
And we hereby quitclaim and remiseto 37rH STRf,ET INDUSTRIAL II\-VESTORS, LLC, a Califomia
limited liability company, its successors and assigns, those portions of said fire lane easement described
in Exhibit "A" and depicted in Exhibit "B".
This Quitclaim Deed shall run with the above-described land and shall be binding upon ourselves, and
future owners, encumbrances, their successors, heirs or assigns.
Dated:
CITY OF VERNON,
A California chartered city
ATTEST,
W. Michael McCormick, Mayor Ana Barcia, Deputy City Clerk
APPROVED AS TO FORM:
ByBy
By
Hema Patel, City Attomey
On
State of California
County of
before me,
(Inse( Namc of Notary Public and Title)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/trer/their authorized capacity(ies), and that by his/trer/their signature(s) on the instrument
the person(s), or the entity upon behalf on which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature.(Seal)
EXHIBIT
,,A,,
THAI PORIION OF PARCEL B OF LOTLINE ADJUSTI/ENT , IN THE CITY OF VERNON,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECORDED AS INSIRUMENT NO.
20121838859 RECORDED DECEI/BER J, 2012, OFFICIAL RECORD OF SAID COUNTY MORE
PARTICULARLY DESCRIBED AS FOLLOV1E:
A STRIP OF LAND 27.00 FEIT WDE LYNG 13.50 FEET ON EACH SIDE OT ]HE
CENIERLINE DESCRIBED AS FOLLOVITS:
BEGINNING AT A POINT ON IHE NORIHERLY LINE OF SAID PARCEL B OF SAID LO]LINE
ADJUSTI/ENT, DISTANT IHEREON 3J.50 FEET FROM IHE \ /ESTERLY L|NE oF LoT 3
RECORDED lN BOOK 36 PAGE 72 Of MISCELLANEOUS RECORDS; IHENCE SOUIH OO'
31'18" EAST 13.50 FEIT; IHENCE PARALLEL TO NORIHERLY LINE OF SAID PARCEL B,
NORTH 89'42,26,,EAST 40.69 FEET TO POINT THAT 13.50 FEET SOUTHERLY OF
IHE NORTHERLY LINE OF SAID PARCEL B AND 150 FEET \A/ESTERLY, MEASURED ALONG
LAST SAID PARALLEL LINE OF THE EASIERLY LINE OF SAID PARCEL B, SAID POINT TO
BE CALLED POINT ' A' FoR IHE PURPOSE oF lHrs LEGAL DESCR|pIoN; IHENCE
soulH oo'17'34" EAST 125.64 fllr; IHENCE soulH 89'01'50" \A/EST 1J6,97 FIET;
IHENCE SOUTH 89"35'11" EAST 179.20 FEET TO A LINE PARALLEL WTH AND
DISTANT 20 FE.T , N/EASURED AT RIGHT ANGLES TROM THE \A/ESTERLY LINE oF
PARCEL 1, AS SHOUAI ON A MAP RECORDED IN BOOK 51 PAGE 33, RECORDS OF
SURVEY.
TOGEIHER WTH A S]RIP OF LAND 27.00 FEET WDE LYNG 13.50 FEET ON EACH SIDE
OF ]HE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE ABOVE DESCRIBED POINT A THENCE NORIH 89" 42' 26" EAST
15O.OO TO IHE EASTERLY LINE OF LOT 1 OF IRACT NO. .11349 RECORDED IN MAP
BOOK 203 PAGES 33-34.
IHE SIDELINES OF THE ABOVE SAID SIRIP ARt TO BE EXIENDED OR SHORIENED AS
NEEDED TO IERIUINA]E IN ]HE ABOVE DESCRIBED LINES.
ADDRESS, 3250 SACO STREET, VERNON , CA. qOO58
7q."
L'.
$H
FIRELANE / ACCESS AUITCLAIM
CITY OF \ERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SEABOARD ENGINEERING CO.
11OO S. BE\ERLY DRI\E, SIE 201
LOS ANGELES, CALIFORNIA 90035
TEL. (310) 277-7337 FAx (310) 277-733s
SEABOARDGEABOARDENGCO. COT4
JoB No. 13_100
DAIE 11/04/14
PACE
.I OF 1
a
EXHIBIT
,,8 "
xrsTrNG FTRELANE/ACCESS
NWLY COR PARCEL 1
R.S. 51-J3
EASEMENT OF THE CITY OF VERNON
|NST. N0. 20121886574
REc.12/07/2012
P.o.B.-j {
L"J N89'42'26" E33.50'-!. ,-- F
s )7'Jt'tB" E
t 3.5'l-lI
lrt
El-(r,
W,LY LINE PARCEL 1
R.S. 51_JJ
tr'J 40.69'
PARCEL B
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0017'34" E
125.64'FtJ
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INSTRUMENT NO. 201218J8859
REC. 12/03/201J, O.R.
o_o
o
37 TH STREET
3250 SACO STREET, VERNON . CA.
rgd
o- *r., 13737 -
FIRELANE OUITCLAIM EASEMENT
CITY OF \ERNON, COUNTY OF LOS ANGELES, STA]E OF CALIFORNIA
1"=80'-0"SEABOARD ENGINEERING CO.
11OO S. BEVERLY DRIVE, STE 201
LOS ANGELES, CALIFORNIA 90055
TEL. (310) 277-7337 FAX (510) 277-7339
SEABOARD(}SEABOARDENGCO. COM
JoB N0. 1J_100
DAIE 05/07 /14
PAGE 1 oF 1
E'LY LINE LOT 1 \
M.B. 2oJ-J3/34 ------;
h_
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
SPACE ABOVE THIS LINE RESBRVED FOR RECORDER'S USE
FIRE LANE EASEMENT
APN: PORTIONS OF 6302-006-013
DOCUMENTARY TRANSFER TAX rS NONE- NOT REQUTRED SEC. [922
REVENUE TAXATION CODE
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED,
37rH STREET INDUSTRIAL INvEsToRs, LLC (the.6Grantor")
HEREBY GRANT(S) TO:
City of Vernon, a body corporate and politic (the'6Grantee")
A Firr Lane Easement for ingress and egress purposes, maintained open and passable for
oversized emergency vehicles, equipment and related uses, free and clear of all obstructions,
temporary and permanent alike, and over that certain real property (the "Conveyed Property"),
as described in Exhibit "A" attached hereto and incorporated herein by this reference, and as
more particularly shown on the map attached hereto as Exhibit "B" and incorporated herein by
this reference. The Conveyed Property is a portion of the property owned by the Grantor. The
property is located in the City of Vemon, County of Los Angeles, State of Califomia
out", lu\td A rtA\4
ttGrantortt
37TH STREET INDUSTRIAL INVESTORS, LLC
(Signature)
State of California
county "r t^os P\ q4&.4f
before
personally appeared ,\4n t o,t N. f I ' 'tr'*
who proved to me on the basis of satisfactory evidence to be the p"rror{y' whose nan"t/) i"t"y
subscribed to the within instrument and acknowledged to me that netq6rup! executed the same
inhis/hdlthyi authorized capacity(iy$, and that bV hislhg(tt$r signaturefi/on the instrument
the person(/, or the entity upon behalf on which the personf acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
forgoing paragraph is true and correct.
WITNESS my hand and official seal.
sienurrn W (s"ut)
(lnsert Name of Notary
IXH IBIT
,,A,,
]HAT PORTION OF PARCEL B OF DEED , IN ]HE CITY OF VERNON, COUNTY OF LOS
ANGELES STATE OF CALIFORNIA RECORDED AS INSTRUMENT NO. 20121658859
RECORDED DECEI\,IBER 3, 2012, OFFICIAL RECORD OF SAID COUNry MORE PARIICULARLY
DESCRIBED AS FO{-LO\!S:
BEGINNING AT IHE NORIH!'\ES'TERLY CORNER OF PARCEL 1 OF RECORD OF SUR\€Y
FILED IN BOO< 51 PACE 53 OF RECORDS OF SURVEY, SAID PONT EEING ON lHE
CENIER UNE OF SACO S'lREEl 40 FEET WDE AS SlOVvt{ ON SA|D RECoRD 0F
SURVEY 'IHENCE ALONG ]HE NOR]HERLY UNE OF SAID PARCEL 1, NORIH 89' 33'
04" EAST 28.00 FEET TO A UNE PARALLEL !\4TH AND DISTANT 28 FEET EASIERLY
FROd SAID CENIERLINE OF SACO STREET; .IHENCE ALONG SAID PARALLEL LINE,
SOU]H 0O' 27' 41" EASI 115.24 FEEI TO IHE 'IRUE POINT OF BEGINN|NG; IHENCE
ALONG IHE FO{-LOWNG ELEVEN ( 11 ) COURSES:
1, NOR]H 89'J2, 19,, EAST 15.61 FEET;
2. SOUIH A2'24' 09" EAST 17.46 FEET;3. NOR]H 89' 22' 48'' EAST 341.87 FEET TO THE BEGINNING OF A NON TANGENT
CUR\E CONCA\€ SOU'IHEASIERLY HA\i4NG A RADIUS OF 32.00 FEEI A RADIAL
L]NE TO SAID POINI BEARS, SOL'IH 78'55' 51" IIEST;4. NORIHEASTERLY ALOf.lG SAID CUR\E AN ARC LENGIH OF 61.19 FEET'IHROUGH A
CENTRAL ANGLE OF 109'33, 10" ;
NORIH O'J7, 12,, UEST 87.85 FEET;
NOR]H 89' 42, 26" EAST 27,OO II;ET
SOU]H O' 57, 12'' EAST 15I.10 FEET;
sourH 89'01's0" vIEST 267.12FEET;
SOUIH 89'35'11" WEST 152.68 FEET TO IHE BEGINNING OF A TANGENT CUR\E
CONCA\E SOUIHERLY HAVNG A RADIUS OF 383.06 FEET ;
\/\ESIERLY ALOIIG SAID CUR\E AN ARC LENGIH OF 18.58 FEET'THROUGH A
CENTRAL ANGLE OF 2' 46' 4$'' TO ]HE AFOREMENTIONED PARALLEL LINE,
MEASURED 28 FEET EAS'IERLY FROii/ ]HE CENIERUNE OF SACO S'IREEI
ALONG SAID PARALLEL LINE, NORIH OO' 27' 41'' WEST 3O.OO FEET TO]HE TRUE
POINT OF BEGINNING.
CCX{TAINING AN AREA OF 16,463 SQUARE EEEI OR 0.383 ACRE MORE OR
ADDRESS, 3250 SACO STREET, VERNON . CA.
6.
7.
8.
L
'10.
11.
FIRELANE / ACCESS EASEMENT
CITY OF \ERNON, COUNTY OF LOS ANGETES, STAIE OF CALIFORNIA
SEABOARD ENGINEERING CO..IIOO S. BEVERLY DRIVE. STE 2O'I
LOS ANGELES, CAUFORNIA 9OOJ5
IEL. (5r0) 277-7537 FAX (510) 277-7339
SEAEOAROOSEABOARDENGCO.COM
J08 r{o. 13_ 100
EXH IBIT
,8,,
N 89'J3'04" E
28.00'
P,O,B.
NW,LY COR PARCEL 1
R.S. 5r-33
EXISNNG NRELANEi/ACCESS
EASEMENT OF IHE OTY OF VERNON
tNsT. N0.20121E86571
REC. 12/07 /2012
LTGEND:
PARCEL B
TNSTRUMENT N0. 20121838859
REC. 12/03/2012,0.R.I-l.l!Jtl-(,)
Hs
L1
t2
L5
L4
_tlo_
C1
s 89'35
LINE TABLE
NO. BEARING DISTANCE
N 89'52'19' E 15.61'
s 82'24'09' E 17.46'
N 89'42'26" E 27.00'
N 00'27'41" W 30.00'
CURVE TABLE_ _D_E!IA _UqLUS_
10933''1 o" 52.00'
2'46'46" 385.06'
r 37 TH STREET
-l ADDRESS: 3250 SACO STREET.. cA. qoo58
FIRELANE EASEMENT
_L_E!gM
61.19'
18.58'
FIRELANE / ACCESS EASEMENT
CITY OF \ERNO[.I, COUNTY OF LOS AI{GEI.TS, STAIE OF CAUFORNIA
JOB No. 13_100SEABOARD ENGINEERING CO,
11OO S. BEIERLY DRI\E, SIE 20|
277-7137 FAX
33.50'
tli
:/
!-.-
Lco5No(oo
>\
I
CERTIFICATE OF ACCEPTA}.ICE
(California Government Code Section 272t1)
This is to certifu that interests in real property conveyed to or created in favor of the City of
Vemon by that certain Fire Lane Easement dated July 21, 2014, executed by 37th Street
Industrial Investors, LLC, is hereby accepted by the undersigned officer on behalf of the City
pursuant to the authority conferred by Minute Order by the City Council of the City on
December 2,2014, and the grantee consents to recordation thereof by its duly authorized offrcer.
Dated: ,2074
CITY OF VERNON
W. MICHAEL MCCORMICK, Mayor
ATTEST:
ANA BARCIA, Deputy City Clerk
APPROVED AS TO FORM:
HEMA PATEL, City Attorney
REGEIVED
DEC 012014
CW CLERKSOIIICE STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
RECEIVED
DEC 0 I 20ltr
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
December 9,2014
Honorable Mayor and Cify Council ,V\tl
Carlos Fandino Jr., Director of Vernon Gas & Electric Q
Approval of Change Order No. I to the Existing Consulting Services
Agreement with Engineering Partners, Inc., for the Design and Preparation
of Plans for the Relocation of Power Poles related to the Rehabilitation of the
Atlantic Blvd. Bridge over the Los Angeles River Bridge
Recommendation
It is recommended that the City Council:
L Find that the approval of Change Order No. 1 the Consulting Services Agreement with
Engineering Partners, Inc., ("EPI"), is in within the Initial Study/Mitigated Negative
Declaration prepared for this project pursuant to the provisions under the California
Environmental Quality Act (CEQA) in accordance with Section 15063, the lead agency
shall conduct an initial study to determine if the project may have a significant effect on
the environment, and Section 15070.
2. Approve and authorize the City Administrator to execute Change Order No.l, in
substantially the same form as submitted herewith, to existing consulting services
agreement with EPI for services related to additional surveying requirements, for a
compensation amount not-to-exceed $10,000; thereby increasing the total contract value
to a not-to-exceed amount of $147,385.
Background
The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931. Due to the
narrow pedestrian walkway and traffic lanes, the bridge will be inadequate for the projected
traffic volume of vehicles and trucks traveling the route. As a result, the bridge must be
modemized to meet current structural standards and comply with the accepted design
requirements of Caltrans, the County of Los Angeles, the County of Los Angeles Flood Control
Department, and the U.S. Army Corps of Engineers.
The bridge improvements will require the relocation of several power poles along Atlantic Blvd.
and the LA River crossing. On April 5, 201I , the City Council adopted Resolution No. 201 1-43
authorizing the issuance of a Request for Proposals ("RFP") for the preparation of plans and
specifications for the relocation work. The City selected EPI, based on demonstrated
competence and responsiveness to the RFP. On February 21,2072, the City Council adopted
Resolution No. 2012-32 approving a Consulting Services Agreement with PEI for an amount
not-to-exceed $ 1 37,385.
A significant portion of the consulting services agreement with EPI is the relocation of the 16
KV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening and
rehabilitation project. The continuation of the 16 KV line to the south side of the bridge was a
challenge due to space constraints. After several iterations of concept designs of these lines, the
City has decided that the relocation of the L.A. River crossing at the east side of Atlantic Bridge
is too difficult to complete within reasonable cost parameters. A decision was made to move the
l6 KV line to the west side of the bridge.
A concept drawing was prepared by EPI to show the revised routing and it was submitted to Los
Angeles Department of Water and Power ("LADWP") since the revised route would encroach in
LADWP transmission right of way. LADWP provided comments and asked for additional data.
Specifically, they asked the City to survey the existing LADWP transmission lines that cross the
City's proposed 16 KV lines and provide plan and profile of existing lines and proposed new
lines to ensure adequate California General Order 95 ("G.O. 95") clearances are met. Survey
data will be in conformance with the LADWP conductor survey instruction. The proposed
Change Order No. 1 to the consulting services agreement with EPI will address LADWP's
request for survey data.
Fiscal Impact
The proposed Change Order No. I shall not exceed a total amount of $10,000, inclusive of
expenses. Sufficient funds are available in the 2014-2015 VG&E Engineering budget.
Attachments
CITY OF VERNON
DEPARTMENT OF GAS & ELECTRIC
CHANGE ORDER NO 1 SUPPLEMENT NO. SHEET I OF
Design and Preparation of Plans for the Relocation
pD,..rEr-T. Power Poles related to Atlantic Blvd./Los Angelesr r\vuuv r ' River Bridge Rehabilitation
I SHEETS
Contract No. LP-0131
FEDERAL PROJECT NO. N/A EDEN Project No. N/A
REQUESTED BY: City of Vernon - VG&E Supplemental No. N/A
TO:Engineering Partners, Inc.CONTRACTOR P.O. No. LP-0131
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
The Design and Preparation of Plans for the Relocation of Power Poles related to the
Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River. The cost will be
amended according to the Engineering Partners, Inc. scope of work proposal dated
November 20,2014.
Project Schedule
Will have no impact on the completion date to the revised schedule.
Contract Cost
Cost adjustment for the contract for additional services to complete power line crossing profile survey study.
The additional cost not to exceed: Sl 0,000.00
Contract Amount Gase Bid)$137,3 85.00
Amount of This Change Order $10,000.00
Amount of Previous Change Orders $00
Total Chanse Orders $10,000.00
Modified Contract Amount $147,385.00
Approved:
Attest:
Date:
Mark Whitworth, City Administrator
Date:
Ana Barcia, Deputy City Clerk
We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, ifthis proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessar)'for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date:Consultant:
Title:By
THE EN f,INEENN G PIfl flYTXS, INC
CONSULTING ENGINEERS
9565 WAPLES STREET, SAITE IOO
SAN DIEGO, CA 92121
(858) 824-1761 FAX (8s8) 824-1768
November 25,2014
City of Vernon
Department of Light and Power
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: Ali Nourmohamadian, Electric Utility Engineering Manager
Subj: PROPOSAL FOR CHANGE ORDER #1 (ADDITIONAL SURVEY) TO PREPARE
PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES
Ref : City of Vernon P.O. #055.0001695 dated 312812012
Dear Mr. Nourmohamadian:
This proposal is to add our original proposal P2759r2 which was basis of the referenced
purchase order.
Backqround
A significant part of this project is the relocation of the 16 kV line crossing the Los
Angeles River as a result of the Atlantic Blvd Bridge widening project. The continuation
of the 16 kV line to the south side of the bridge was a challenge due to space
constraints. After several iterations of concept designs of these lines, the City has
decided that the relocation of the L. A. River crossing at the east side of Atlantic Bridge
is too difficult to complete at reasonable costs. A decision was made by the City to
move the 16kV line to the west side of the bridge.
A concept drawing was prepared by EPI to show the routing and said drawing along
with other improvements as part of the road widening was submitted to LADWP (Los
Angeles Department of Water and Power.
LADWP provided comments and/or requirements, one of them is to survey the existing
high voltage line and provide height of poles and lines in the vicinity of the high voltage
line.
Page 2
November 24,2014
Subl: PROPOSAL FOR CHANGE ORDER #1 (ADDITIONAL SURVEY)TO PREPARE
PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES
Scope
Survey existing L. A. Department of Water and Power lines that cross the City's
16 kV lines and provide plan and prof ile of existing lines and proposed new line
to ensure adequate Cal G. O. 95 clearances are met.
Survey data will be in conformance with the LADWP conductor survey
instruction.
Fees
For the task enumerated above the fee is $10,000. This cost will be in addition to cost of
Task 4 of subject PO as itemized in EPI proposal P2759r2.
Thank you for this opportunity to participate on this project. lf you have any questions,
please feel lree to give us a call.
Sincerely,
P*,i--
Romeo Flores, P.E.
President
P3669R3
City of Vernon Vendor #004639
REGEIVED
Nov 2 5 201"
CITY ADMINISTRATION
REGEIVED
NOV26 2014
DATE:
TO:
FROM:
RE:
,;;ffi;;, srAFF REPoRT
RNON GAS & ELECTRIC DEPARTMENT
December 9,2014
Request for Approval of Additional Fund Allocation for OneSource
Distributors, LLC Purchase Order 055.0002176
Recommendations
It is recommended that the City Council:
1. Find that the approval requested in this staff report is exempt under the Califomia
Environmental Quality Act (CEQA) in accordance with Section 15273 because CEQA
does not apply to "purchasing or leasing supplies, equipment or materials; and that even
if it were subject to CEQA, it would be exempt pursuant to 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment because
the cable referenced will be used merely to replace existing older cable; and
2. Authorize the City Administrator to approve additional fund allocation in the amount of
$22,372.78 to existing Purchase Order 055.0002176 with OneSource Distributors
("OneSource"). A power cable purchase from OneSource was originally authorized by
City Council in June 2014 for a total amount not to exceed $388,898.00. Due to the
complex nature of measuring precise lengths of cable, a l0o/o tolerance is generally
employed by suppliers as an industry practice. The additional cable which was provided
to the City after cutting occurred has affected the total cost of the materials. The
approval of additional funds would thereby increase the maximum authorized
expenditure from $388,898.00 to $411,270.78, and would fully satisfy the payment due
to OneSource.
Background
Historically, the Department evaluates the design and total cost of ownership of underground
electric cables quoted by different manufacturers to ensure that the City receives the most
appropriate product to meet its needs. As a result of thorough procurement assessments, these
investments have the tendency to last over 30 years. Intermittently, the supplies of medium
Honorable Mayor and City Counci
Carlos Fandino Jr., Director of Ve
voltage underground cables deplete and require restocking. The City must adhere to established
minimum stock levels, as inventory of such equipment is a crucial component in the provision of
safe, efficient, reliable service to Vernon customers.
On June 17,2014, City Council authorized purchase order contracts for OneSource Distributors
in the amount of $388,898.00 for various power cables required by VG&E at that time. The
cable order has since been fulfilled by the manufacturer and payment is now due. In concuffence
with the l0oZ tolerance that is generally allowed with the pull and cut of the cable, a variance of
522j72.78 exists when compared to the original amount authorized. Manufacturers of power
cables cannot stop cable production to the exact length and a l0%o allowance is an industry
practice. Because they are unable to produce exact lengths, production lines are allowed to
dictate how many feet of cable can be disseminated in one continuous run and, as a result, the
actual length of the cable received from OneSource is approximately 5.7Yo over the amount
which was represented in the City's bid request. Consequently, this has impacted the total
amount due to the vendor.
The table below itemizes cable quantities and associated cost:
The Vernon Gas & Electric Department recommends that Council approve the request for
additional funds in the amount of $22,372.78 to accommodate the cost overage detailed above.
Fiscal Impact
The fiscal impact of the additional fund allocation for OneSource Distributors will be
$22,372.78. This amount has been incorporated into the VG&E Departmental budget.
Attachments
Bid Item No.Cable Size Quantity (in ft.) on
Bid
Quantity (in ft.)
Delivered
Additional Cost
I 2 6.000 6,512 $3,706.88
2 110 6.000 6,446 $4,119.26
4 750 6.000 6,550 $3,763 . 1 0
5 1,000 20.000 20.768 $7,396.86
6 1,000 10.000 10.440 $3,386.68
firflunct
BR15 ONESOURCE DISTRIBUTORS, LLC
6530 ALTURA BLVO
BUENA PARK, CA 90620
71 4-685-5390
Faxl14-521-2031
BILL TO:
ilt il Illll] Illllllllllllll
lnvoice
INVOICE OATE INVOICE NUMBER
1010912014 s4385322 01 1
lEtiltT TO:
]NESOURCE DISTRIBUTORS, LLCro Box t{23Et
-OS ANOELES, CA 9OOE{.ZIEE
PAGE NO.
1of 1
CITY OF VERNON
4305 SANTA FE AVE
DEPT D
VERNON. CA 90058
SHIP TO:
CITY OF VERNON (Ulilily House)
CIry YARD
2800 s. soTo
VERNON CA 90058
CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER OROEREO BY
27838 055 0002176
WRITER SHIP VIA TERMS SHIP OATE OROER DATE
IVARYB BW - BEST WAY NET 30 DAYS 10t09t2014 0612712014
ORDER OTY SH P OTY DESCRIPTION UNIT PRICE EXT PRICE
6000h*1'
6000F1'
6r 1 2FT
6446F1'
SOWIRE 151<\l #2 Alum Triplexed
Conductor Jacketed Underground
Cable Stamped with '17KV on Wire COV
trEM# 8300-3000-078
SOWIRE 151(\/ 1/0 Alum Triplexed
Conductor Stamped 17KV Cov ltem #
8300-3000-079
7 240tFT
9 236tFr
47146.88
59535 26
-* REPRINT -* REPRINT ** REPRINT
lnvoice is due by 1110812014
All c aims for shortage or errors must be made at once.
Returns require wfltten authonzatton ano are sublect to
handllng charges Spectal orders are non-rel!mable.
Past Due invoices may be subject to 1.50% late charge.
Subtotal
S&H Charges
Tax
106682 14
0.00
0.00
Payments
Amount Due
000
106682 14
PranlBd By MMORENO @ l0/1(y2014 Ei35 29AM
0ttt uncr
BR15 ONESOURCE DISTRIBUTORS. LLC
6530 ALTUM BLVO
BUENA PARK, CA 90620
7 1 4-685-5390
FaxT 14.521-2031
BILL TO:
lil il Illllll I llllllll lll lll
lnvoice
INVOICE DATE INVOICE NUMAER
10t0912014 s4385322.01 5
REI'IT TO.
ONESOURCE DISTRIEUTORS, LLC
PO 80X 812388
LOS ANGELES, CA 8008{-2388
PAGE NO
1of 1
CITY OF VERNON
4305 SANTA FE AVE
DEPT. D
VERNON. CA 90058
SHIP TO:
CITY OF VERNON (UtilitY House)
CITY YARD
2800 s soTo
VERNON, CA 90058
CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER ORDERED BY
27838 055 0002 1 76
WR TER SHIP VIA TERMS SHIP DATE ORDER DATE
MARYB BW - BEST WAY NET 30 DAYS 10t09t2014 0612712014
OROER OTY SHIP OTY DESCRIPTION UNIT PRICE EXT PRICE
6000F t
I 0000FT
655oFT
1 0440FT
SOWIRE 1sKV 750 Alum Single
Conductor Stamped 17KV on Wire
Jacketed Underground Cable Cov
tTEM#8300-3000-070
SOWIRE 15KV 1000 Alum Single
Conductor Non-Jacketed Underground
Cable Stamped 17KV
cov |TEM # 8300-3000-071
ALL ITEMS PER BID AND CITY OF
VERNON SPECIFICATIONS TR12014 AND
CA12O14 AND ALL SPECS AND
REQUIREMENTS PER BID ALL
MANUFACTURER TESTING, STAMPING AND
SHIPPING PER BID AND SPECS
MATERIAL MUST BE DELIVERED BEFORE
'IO WEEK OR SOUTHWIRE WILL BE LIABLE
FOR LIQUIDATED DAN4AGES REEL
DEPOSITS ARE DEFERRED PER SPEC/BID
CITY OF VERNON CLOSED EVERY FRIDAY
AND MUST BE NOTIFIED SEVERAL DAYS
BEFORE DELIVERY
6 842tFT
7 697lFT
44815 10
80356 68
.* REPRINT -* REPRINT *- REPRINT
lnvoice is due by 1110812014
All claims tor shortage or errors must be made at once
Returns require wr tten authorizat on and ars subject to
handling charges Special orders are non-r€turnabl6
Past Due lnvoices may be subject to 1.50% late charge.
Subtotal
S&H Charges
Tax
125171 78
000
000
Payments
Amount Due
0.00
125171 78
Pr,nl€d By MMOREN0 on 10i 10/2014 E 35 36 AM
0ttt unr;t
BR15 ONESOURCE DISTRIBUTORS, LLC
6530 ALTUM BLVD
BUENA PARK, CA 90620
7'14-6E5-5390
Fax714-521-2031
BILL TO:
lll lll lllllll lllllllllllllll
lnvoice
INVOICE DATE INVOICE NUMBER
1010912014 s4385322 023
REHIT TO:
CNESOURCE DISTRIBUTORS. LLC
PO AOX 8423Et
l-os ANGELES, CA 800E4-23Et
PAGE NO
1of 1
CITY OF VERNON
4305 SANTA FE AVE
DEPT, D
VERNON, CA 90058
SHIP TO:
CITY OF VERNON (Utility House)
CITY YARD
2800 s soTo
VERNON. CA 90058
CUSTOMER NUMBER CUSTOMER ORDER NUiTtBER RELEASE NUMBER OROERED BY
27838 055 0002176
WRITER SHIP VIA TERMS SHIP DATE ORDER DATE
MARYB BW - BEST WAY NET 30 DAYS 10t0912014 06t2712014
OROER OTY SHIP OTY DESCRIPTION UNIT PRICE EXT PRICE
20000FT l0378FT SOWIRE 15lO/ 1000 Alum Single
Conductor Stamped 17KV on
Wire Jacketed Underground Cable
tTEM # 8300-3000-072
10 378 ft and 10 482 ft
Cov
I 601/FT 89261.1 8
,* REPRINT'* REPRINT'* REPRINT
lnvoice is due by 1110812014
All claims for shortage or €rrors mlst be made at once
Returns require written authorization and are subject to
handlrng charges. Specral orders are non-returnable
Past Due invoices may be subJect to 1.50% late charge.
Subtotal
S&H Charges
Tax
89261 .1 8
000
0.00
Payments
Amount Due
0.00
89261.1 8
Pnnlsd By MMORENO on 10/1020t4 I 35 55 AM
0tttflrlunu
BR1 5 ONESOURCE OISTRIBUTORS
6530 ALTURA BLVD
BUENA PARK, CA 90620
7 1 4-68S5390
F ax 7 14-521 -2031
BILL TO
ilt il Iiltll I llllllll lll lll
lnvoice
iNVOICE OATE INVOICE NUMBER
1010912014 s4385322 019
REMII TO
oNESOURCE DTSTRtBUTORS, LLC
PO BOX 8,42388
LOS ANGELES, CA 9OOB4.2!88
PAGE NO
1of 1
CITY OF VERNON
4305 SANTA FE AVE
DEPT D
VERNON, CA 90058
SHIP TO
CITY OF VERNON (Utility House)
CITY YARD
2800 s soTo
VERNON, CA 90058
CUSTOMER NUMBER CUSTOMER OROER NUMBER RELEASE NUIVIBER ORDERED BY
27838 055 00021 76
WRITER SHIP VIA TERMS SHIP DATE ORDER DATE
MARYB BW. BEST WAY NET 30 DAYS 10t09t2014 0612712014
ORDER OTY SHIP OTY DESCRIPTION UNIT PRICE EXT PRICE
20000FT I 0482F]'SOWIRE '1sKV 1000 Alum Single
Conductor Stamped 17KV on
Wire Jacketed Underground Cable Cov
ITEM # 8300-3000-072
10 378 ft and 10,482 ft
8.601/FT 90'155.68
** REPRINT -- REPRINT -' REPRINT
lnvoice is due by 1110812014
All claims for shortaga or errors must be made at 0nce
Returns require written authorization and are subjecl to
handlrng charges Special orders are non-returnable
Past Due invoices may be subject to 1.50% late charge.
Subtotal
S&H Charges
Tax
90155.68
0.00
0.00
Payments
Amount Due
0.00
901 55 68
Pnnled By MMORENO on 10/10/2014 E 35 47 AM
RtrCE{VED
DEC O L 2014
CITY CTERI('S OFTICE STAFF REPORT
VERNON GAS & ELEGTRIC DEPARTMENT
RECEIVED
DEC 0 I 20ltr
CITY ADMINISTRATION
DATE:
TO:
FROM:
RE:
December 9,2014
Honorable Mayor and City Coun
Carlos Fandino Jr., Director of V
Approval of Change Order No. I to the existing Services Agreement with
Power Engineers, Inc., for Distributed Generation Impact Study Services
Recommendation
It is recommended that the City Council:
1. Find the approval of Change Order No.l to the Services Agreement as proposed in this
staff report is exempt under the California Environmental Quality Act (CEQA) in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
2. Authorize the City Administrator to execute Change Order No.l, in substantially the
same form as submitted herewith, to the services agreement with Power Engineers, Inc.
("PEI") for services regarding a distributed generation impact study. In addition to the
subtasks summarized in Task 4 of the original scope of work, PEI will leverage and
augment existing analyses to complete a new Cost of Service ("COS") Study. The
proposed change order reflects an increase not-to-exceed $36,500, for a grand total not-
to-exceed $255,280.00 over the one year term of the agreement.
Backqround
In May 2013, the City Council approved a moratorium on new generating facilities to allow the
City to evaluate the potential impacts of these generation facilities. The Vernon Gas & Electric
Department ("VG&E") currently has a Net Metering Program for solar and Wind Turbine
renewable energy generating facilities in place. To address the issue of local distribution
generation, VG&E issued a Request for Proposals for a Distributed Generation Impact Study
seeking consulting expertise to prepare a report assessing the impacts of distributed generation
(DG) facilities on the public and VG&E. The City selected PEI, based on demonstrated
competence and responsiveness to the RFP.
On September 2, 2014, City Council authorized the execution of an agreement with PEI for
consulting services regarding a distributed generation impact study at an amount not-to-exceed
$218,780.00 over the one year term of the agreement. During a recent data review with PEI, it
was determined that, in order to complete the most comprehensive distribution generation impact
study possible, it would be necessary to include an updated COS Study. The COS Study is
designed to provide VG&E with a generous and defensible analysis of fixed and variable costs
associated to distributed generation in the City and will be the basis for determining any
correlating impact on rates for customers. The detailed data produced from the COS Study will
allow the City to properly evaluate current cost recovery alignment in each customer class, and
ensure the City has the facts required to design rates to fully and properly recover costs.
In addition to the subtask summarized in Task 4 of the original scope of work, PEI will leverage
and augment the existing analysis to complete a new COS. The parameters of this additional
scope of work were thoroughly vetted with the City of Vernon project team, Director of VG&E,
and the City Administrator during the Rate Making Strategy Meeting held on October 29,2014.
In light of the foregoing, it is recommended that City Council approve Change Order No.l to the
PEI contract agreement for a proposed amount not-to-exceed $36,500.
Fiscal Impact
The Distributed Generation Impact Study project was not specifically identified in the 2014-2015
budget, but adequate funds for consulting services are available to cover the additional expense
of $36,500.
Attachments
CHANGE ORDER NO
PROJECT:
CITY OF VERNON
DEPARTMENT OF GAS & ELECTRIC
SUPPLEMENT NO.SHEET OF I
Distributed Generation Impact Study
I SHEETS
Contract No. LP-0230
FEDERAL PROJECT No. N/A EDEN Project No. N/A
REQUESTED BY: City of Vernon -VG&E Supplemental No. N/A
TO:Power Engineers, Inc.CONTRACTOR P.O. No. LP-0230
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect, and apply to the additional work as if said work was originally
included in the contract.
The Distributed Generation Impact Study service cost will be amended according to the
Power Engineers, Inc. scope of work proposal dated October 31,2014.
Project Schedule
Will have no impact on the completion date to the revised schedule.
Contract Cost
Cost adjustment for the contract for additional services to complete a new Cost of Service (COS) Study.
The additional at a cost not to exceed: $36,500.00
Contract Amount Gase Bid)$2l 8,780.00
Amount of This Change Order $36,500.00
Amount of Previous Change Orders $00
Total Chanse Orders $36,500.00
Modified Contract Amount $255,280.00
Approved:
Attest:
Date:
Mark Whitworth, City Administrator
Ana Barcia, Deputy City Clerk
We, the undersigned Contractor. have given careful consideration to the change proposed and hereby agree, ifthis proposal is approved, that we will provide all
labor, equipment and materials, including overhead, except as may otherwise be noted above, and perform all services necessary for the work above specified, and
will accept as full payment therefore the prices shown above.
Accepted Date:Consultant:
Title:By:
3 powsn
:v rrucrNEERs
Date:
To:
0riginator:
October 31,2014
WSV #1
WORK SCOPE VARIANCE
Javier Valdez, Vernon DG&E
Project Number
Project Name:
WSV Log Number:
Logged By:
DG hnpacts Study
1 35853
Dev Birla 092-612
Barb Lance
Description of Out of Scope Work:
In addition to the subtasks summarized in Task 4 of the original scope of work, NewGen will leverage and augment
the existing analysis to complete a new Cost of Service (COS) Study for the City of Vernon Department of Gas and
Electric (DG&E). This work will be completed as a paft of, and complement, the existing Subtask 4.3. The COS
Study will provide DG&E a comprehensive and defensible analysis to support the calculation of fixed and variable
costs incurred to deliver service to each customer class. This detailed data provides a basis to evaluate current cost
recovery alignment (e.g. fixed and variable rates aligned with costs) in each customer class, and ensure DG&E has
the data required to design rates to fully and properly recover costs. The development of the new COS Study will
include four steps:
Step I -Test Year Revenue Requirement: A cash-basis revenue requirement will be developed based on the financial
forecast in Subtask 4.2 and related data supplied by DC&E. Using the existing budget data provided by DG&E in
addition to other cost and investment related data; we will develop the total costs incurred by the utility to provide
service. These costs will be reviewed and evaluated to include known and measurable adjustments and reflect
expected changes in the utility operations, power supply or other material cost/customer impacts. These adjustments
applied to the budget data will comprise the Test Year Revenue Requirement that must be recovered from rate related
revenues.
Step 2-Functionalization of the Revenue Requirement: The revenue requirement will be unbundled or functionalized
into the four electric utility functions (e.g. production, transmission, distribution and customer). Each budget account
or line item will be directly assigned or allocated to the appropriate utility function to develop the total functional
costs of DG&E.
Step 3-Classification of Costs: W ithin each function, the budget accounts and line items will be classified as
demand, energy or customer related costs in support of the allocation to customer classes in Step 4.
Step 4-Allocation of Costs to Customer Classes: The classified costs within each function will then be allocated to
each customer class at DG&E based on the associated class operating characteristics. For example, energy related
costs are allocated associated with each customer class' energy consumption levels (e.g. kWhs) and production
demand related costs are allocated by each class' contribution to the DG&E system peak demand.
Upon completing the allocation to customer classes, COS unit costs for each classification are developed to help
inform future rate design. For each customer class the cost per meter/customer-month, per monthly kW demand and
kWh energy consumed are calculated. These unit costs will quickly and easily convey any misalignment between
current rates and the COS results. The classes with a misalignment between rates and the COS unit costs will
highlight potential issues and risks for DG&E with regards to distributed generation and net meter cost recovery. This
data will also be used to help inform the development of future customer class, standby, and reservation net meter
rates.
Upon completion of the COS model, it will be delivered to DG&E for their future use to design rates and conduct
annual COS updates. To ensure DG&E is properly informed during the COS process, we will provide periodic web
meetings to present and discuss the results of the COS. A webinar coordination meeting will be held to review the
Test Year revenue requirement and the functionalization / classification of costs. An on-site meeting is included to
review the COS Study results for each customer class with DG&E staff. Once staff has reviewed and / or provided
updates to the COS results POWER will facilitate an onsite customer workshop on the COS, rate making, market
trends, and impacts of distributed generation on DG&E's financial performance.
ANA 092-61 1 r3s853 (10/31/14) BL Page I of2
6&nr^g,HE#
WSV #1
WORK SCOPE VARIANCE
While designing rates for each customer class to recover the revenue requirement is not a part of this task, a rate
design model will be provided for DG&E staff to design rates with future COS updates. The rate design model will
include the ability to change or adjust rates over phases or multiple years while ensuring full cost recovery each year
ofthe phase-in.
Deliverables:
o Data request to augment existing data, where needed, to complete the COS Study
. Fully unbundled, classified COS for each customer class
o Two webinars to review the TY revenue requirement and functionalized/classified costs
o On-site meeting to discuss results of COS for the customer classes
o Customer workshop to educate and engage stakeholders in the COS results and rate making at DG&E
Reason for Change:
During the data review provided by Vernon DG&E, it was discovered that the COS study is 5-6 years old. That
study was sufficient for that time, but needs updating to restructure DG rates impact. This issue was discussed with
the Vernon Project Team, Director of DG&E, and City Administrator during the Rate Making Strategy Meeting on
October 29,2014. The City Administrator wanted this updated COS Study. We were advised to submit it formally.
Requested/Expected by (Date): 1012912014 Requested Completion (Date): 2ll5l20l5
Estimated Added Cost: $36,500
Overall Schedule Impact: None
Other Project or Department Impact: None
_ -t)qt -i). R^-,.tr- g qt,Approved by: -- Approved by:
Disc (check approprixtrtrtrtrtrtrtrtrtrtrtrtr tr X ceStudy
ANA 092-61 l r 3s853 (10/31/14) BL Ptge2 ol2
REGEIVED
NOV 2 't 20llr
CITY ADMINISTRATION
STAFF REPORT
HUMAN RESOURCES DEPARTMENT
December 9,,2014
Honorable Mayor and City Council
Teresa McAllister, Director of Human Resources
Adoption of City of Vernon Personnel Policies and Procedures, Smoking
Policy I-14 (update)
Recommendation
It is recommended that the City Council:
L Find that approval ofthe proposed personnel policy and procedures in this staffreport is
exempt under the California Environmental Quality Act (CEQA) in accordance with
Section 15061(bX3), the general rule that CEQA only applies to projects that may have
an effect on the environment.
2. Adopt the attached Personnel Policy and Procedures, Smoking Policy I-14 (update), and
incorporate it into the Personnel Policies and Procedures Manual.
3. Authorize the City Administrator and the Director of Human Resources to execute and
distribute the above-referenced policy to all employees.
Backsround
The Human Resources Department is responsible for maintaining and managing the City's
Personnel Policies and Procedures. Prior to 2013, a comprehensive review of the Personnel
Policies and Procedures had not been conducted in over twenty (20) years. In line with the
City's good governance reforms, the City commenced and is continuing its comprehensive
review of its policies and procedures, including the incorporation of new policies and programs
designed to benefit the City, its employees, and surrounding communities.
To ensure a more efficient and effective method in maintaining and managing the City's
personnel policies and procedures, the City Council on November 20,2012, approved Resolution
No. 2012-231 that incorporates all personnel policies into the Personnel Policies and Procedures
Manual. The manual is designed to provide a uniform and consistent system for human resource
administration throughout the City. In addition, the manual will provide employees with greater
clarity with respect to personnel policies, and promote effective communication among
managers, supervisors, and employees.
REGEIVED
DEC 01 2014
CITY CLERKS OFIICE
DATE:
TO:
FROM:
RE:
As such, on November 4,2014, City staff has presented the below policy and procedure to the
City's labor organizations in order to meet in good faith on policies requiring a meet and confer
process, and to receive employee comment regarding the adoption of such policies and
procedures. Each group was asked to provide any comments by November 17,2014.
As of November 17,2014, City staff received no recorrmended revisions from the employee
labor organizations, and the following updated policy is hereby presented to the City Council for
consideration and adoption into the Personnel Policies and Procedures Manual:
o Smoking Policy I-14 (update) - The policy attached has been updated to the new format.
Budset Impact:
There is no budget impact.
City of Vernon, California
Human Resources Policy and Procedure Manua!
Director of Human Resources
City Administrator
Number: I-ll Ef..............fe ct ive Date:
SUBJECT: SMOKING POLICY
PURPOSE:
To prohibit smoking and tobacco use in and around City of Vernon work areas in order
to maintain a safe and healthy workplace. Smoking and secondhand smoke are known
to cause serious lung diseases, heart disease and cancer. The City of Vernon
recognizes the hazards caused by tobacco use and exposure to second hand smoke.
The term "smoking" as used in this Policy refers to the use of any cigarettes, e-
cigarettes, cigars, pipes, or vaporizers, regardless of the substance being inhaled or
expelled. "Tobacco products" as used in this Policy also includes chewing tobacco.
POLICY:
All employees, including volunteers and contractors, are prohibited from smoking or
using tobacco products within facilities, buildings or vehicles that are owned, leased or
operated by the City of Vernon at any time.
Smoking or tobacco use shall be permitted only in designated smoking areas located at
least 20 feet outside the building or facility entrance, operable windows, and ventilation
systems of enclosed areas to prevent tobacco smoke from entering those areas. All
materials used for smoking in designated smoking areas, including cigarette bufts and
matches, will be extinguished and disposed of in appropriate containers.
PROCEDURE:
Responsibilitv
Human Resources
Action
1. Employees will be informed of the City of
Vernon Smoking Policy through signs posted
3.
Number lll! Efective Date:
throughout properties owned and operated by
the City including City owned vehicles.
The City of Vernon will help refer employees
who want to quit smoking to smoking cessation
programs and materials if solicited/requested.
Any violations of this policy will be handled
through established disciplinary procedures.
2
REGEI\/ED
DEC 01 2014
CITY CLERKS OFFICE
DATE:
TO:
PREPARED BY:
APPROVED BY:
RE:
REGEIVED
NOv 2 5 20t,r
CITY ADMINISTRATI(]N
STAFF RTPORT
PTJBLIC WORKS, WATER & DEVELOPMENT SERVI
December 9,2014
Honorable Mayor and City Council
Claudia Arellano, Stormwater & Special Projects Analyst
Samuel Kevin Wilso tor of Public lVorks, Water & Development
Services
Recommendation to enter into the First Amendment of the Memorandum of
Understanding for the purposes of the Municipal Separatc Storm Sewer
System National Pollutant Discharge Elimination System Permit
Requirements
Recommendation
It is recommended that the City Council:
1) Find that the approval of the proposed First Amendment to the Memorandum of
Understanding (MOU) in this staff report is exempt under the California Environmental Quality Act
(CEQA) in accordance with Section 15061(bX3), the general rule that CEQA only applies to projects that
may have an effect on the environment.
2) Authorize the City Administrator to execute the First Amendment to the MOU, in
substantially the same form as submitted herewith, between the Los Angeles Gateway Regional Water
Management Joint Powers Authority (GWMA) and the Cities of Bell, Bell Gardens, Commerce, Cudahy,
Huntington Park, Maywood, Vernon and the Los Angeles County Flood Control District (FCD),
(hereinafter collectively referred to as the Watershed Permittees) for administration and cost sharing to
prepiue and implement a Watershed Management Program (WMP) Plan and Coordinated Integrated
Monitoring Program (CIMP) Plan as required by the Regional Water Quality Control Board, Los Angeles
Region (Regional Board), National Pollutant Discharge Elimination System (NPDES) Municipal Separate
Storm Sewer System (MS4) Permit Order No. R4-2012-0175. The City of Vemon's proportional share of
costs of implementing the WMP Plan and CIMP Plan and other related costs to be incurred in accordance
with the cost share formulas in Exhibit A2 of this First Amendment of the MOU for an annual not-to-
exceed amount of $100,000 per year per Watershed Permittee. The term of the First Amendment to the
MOU is through December 31,2019.
Backsround
The Regional Board approved the NPDES Permit for Waste Dscharge Requirements for MS4
Discharges within the Coastal Watersheds of Los Angeles County, except those discharges originating from the
City of Long Beach (hereinafter referred to as the Municipal NPDES Permi$ on November 8,2012. T\e
effective date of the Municipal NPDES Permit is December 28,2012.
The Municipd NPDES Permit places an emphasis on coordination of resources and efforts between the
Permittees such as lntegrated Watershed Planning. On April 16,2013 the City Council authorized staffto
participate in a WMP and CIMP in cooperation with neighboring cities consisting of the Watershed Permittees.
As such, City of Vernon staff and the Watershed Permittees created the Los Angeles River Upper Reach 2
Watershed Management Area Cities (LAR UR2 WMA Cities). The Watershed Permittees drain to the
Los Angeles River and Rio Hondo. The FCD owns and operates storm drains in Reach 2 of the Los
Angeles River.
The WMP and CIMP Plans are planning documents to integrate the various permit provisions
including TMDL compliance, monitoring, Receiving Water Limitations, non-stormwater discharges, and
some of the public agency activities. The intent is to complete the WMP Plan and CIMP Plan on a
watershed scale. The WMP Plan must be developed to include the following:
o Prioritize water quality issues (Total Maximum Daily Loads [TMDL] and Receiving Water
Limitations).
o Identify implementation strategies, control measures and Best Management Practices (BMPs)
to achieve the water quality standards.
o Execute an integrated monitoring program and program assessment to determine progress
toward the water quality standards.
o Include adaptive management based on the monitoring and program assessment.
o Provide opportunity for stakeholder input through a Technical Advisory Committee.
The new monitoring requirements of the Municipal NPDES Permit create an extensive list of
related activities the Permittees will be responsible for completing and reporting. To fulfill this
requirement, the Municipal NPDES Permit highly encourages Permittees to develop a coordinated plan
with other Permittees in the same watershed. The CIMP Plan must include the following:
o Receiving water monitoring (Washes, rivers, lakes, streams, etc.).
o Stormwater Outfall-based Monitoring (the point at which the storm drain pipe outlets to a
surface water such as Saw Pit Wash). Stormwater flows must be monitored at a minimum of
three times per year for approximately 140 constituents and upon each significant rain event.
o Non-Stormwater Outfall Screening and Monitoring Plan - the City must create and
implement a plan to screen and monitor non-stormwater discharges. Furthermore, flows must
be tracked to identify the source and enforcement activities commenced on the discharger.
. Special testing - toxicity monitoring.
o TMDL monitoring - monitor for TMDL constituents.
o Regional Studies - the City may be required to participate in regional studies.
o New Development/Re-development effectiveness tracking - develop a database of all new
and re-developed sites' BMPs and track maintenance and effectiveness of each BMP.
On June 4,2013, the City Council approved an MOU with GWMA for the administration and
cost sharing relating to the WMP and CIMP development under Resolution No. 2013-53 for an estimated
cost of $ 135,000 (copy enclosed). The GWMA issued a Request for Proposals for said work and the
contract was issued to CWE Corporation. Staff worked rigorously with CWE Corporation to develop the
draft WMP and draft CIMP plans.
In developing the WMP, a Reasonable Assurance Analysis (RAA) was prepared to ensure the WMP
Plan attains the Municipal NPDES Permit goals and objectives, through an iterative adaptive managernent
process identified within Municipal NPDES Permit. The RAA identified zinc and E. coli (indicatorbacteria) as
controlling contaminants that must be addressed through the WMP adaptive management process. To meet the
TMDL thresholds the City must implement costly new pollutant source and watershed control measures
(including Minimum Control Measures), Low Impact Development (LID) and Green Street projects, Low Flow
Diversions (LFDs), scientific studies, enforcernent, and structural BMPs. Staffbelieves there is no proven
technology to treat bacteria; therefore, to rneet the TMDL criteria stormwater must be captured and infiltrated
into the earth rather than be allowed to flow to the river.
The RAA and WMP identified six regional structural BMP projects, estimated to cost a total of
between $80 and $210 million, and an additional $73 million in residential and commercial LID street
renovations that may need to be implemented over the next two decades. The six conceptual BMPs were
located under public lands, such as parks and easernents, to avoid land acquisition costs, but construction of the
regional projects lower in the subwatershed, and closer to the outfall, could result in smaller facilities with lower
costs. More specifically, a regional structural BMP is proposed in the City of Vemon. Said regional structural
BMP is identified as the LADWP transmission easement. The LADWP Transmission Easement is an
infiltration trench project. The water quality design volume of the planned infiltration trench was modeled as an
infiltration basin as identified via a structurd BMP prioritization and analysis tool called SBPAT. The planned
LADWP Transmission Easement project is estimated to cost $20 million plus maintenance and operation.
Below is a table listing the six regional structural BMP projects:
Name Low Cost Hish Cost
Randolph Street Green Rail Trail $4,300,000 $10,800,000
LADWP Transmission Easement $7,600,000 $19,600,000
John Anson Ford Park $36,800,000 $91,300,000
Rosewood Park $14,000,000 $36,800,000
Lugo Park $6,700,000 $17,200,000
Salt Lake Park $12,600,000 $33,200,000
Total:$82,000,000 $209,000,000
Note: Estimates are based on 2014 dollars.
In order to design and construct these regional BMP projects, the Watershed Permittees will have to
devise a cost sharing formula and enter into a separate or amended MOU. The City of Vemon's share of the
cost for these regional BMP projects is estimated to be over $35 million in the next 23 yeas.
It is still possible that after all these structural and non-structural BMPs are installed, the receiving
waters may still carry pollutant exceedances due to unavoidable occtrrences such as air disposition and wildlife.
While the WMP Plan encourages the cities to begin applying for grant funding support to construct these
facilities, the WMP Plan also encourages cities and regional management to consider undertaking studies or
efforts to more accurately characterize pollutant loads, preparing a zinc water effects ratio site specific objective
study, and redesignating the beneficial use threshold.
The Regional Board staffrecently provided comments to the draft WMP plan and potential revisions to
the plan are focused on the polluted runoff from the General krdustrial Permittees and non-permitted facilities
such as the railroads and the recently submined special studies for the results of the Los Angeles River copper
LAR UR2 WMA Regional BMP Cost Estimate
water-effect ratio and lead recalculation studies. The Regional Board staffs' comments will require
revisions of the draft WMP plan which have a potential to carry additional costs to the City of Vemon.
The City Council approved an To date the City of Vernon's proportional share of costs for the preparation
of the draft WMP and draft CIMP plans is approximately $ I 17,000. The required revisions to the draft
WMP and CIMP plans are not estimated to exceed the approved cost of $ 135,000 as mentioned above.
Staff continues to work with CWE Corporation on the revisions to the draft WMP plan.
The primary objectives of the Municipal NPDES Permits' monitoring program are as follows:
Assess the chemical, physical, and biological impacts of MS4 discharges on receiving
waters;
Assess compliance with RWLs and WQBELs established to implement Total Maximum
Daily Load (TMDL) wet-weather and dry-weather waste load allocations (WLAs);
Characterize pollutant loads in MS4 discharges;
Identify sources of pollutants in MS4 discharges; and
Measure and improve the effectiveness of pollutant controls implemented under the
Municipal NPDES Permit.
The most prevalent land area uses in the WMA are industrial and residential. Using the cities and the
Los Angeles County's drainage system maps, the draft CIMP identifies the following monitoring sites in an
effort to comply with the Municipal NPDES Permit provlsrons:
One receiving water monitoring site in the Los Angeles River will be located in the City
of South Gate, near the railroad trestle, or extension of Tweedy Boulevard, and is slightly
downstream of the WMA. While this site receives discharges from the City of South
Gate, which is not a LAR UR2 WMA member, it is immediately downstream of major
outfalls on both the east and west sides of the river that drain from over 60Vo of the LAR
UR2 WMA. Sampling data from this location will assess the impact of LAR UR2 WMA
MS4 discharges on the receiving water. The Upper Los Angeles River Watershed Group
identified a monitoring site that is located in the City of Los Angeles at Washington
Boulevard, just upstream of LAR UR2 WMA and is consistent with monitoring sites
utilized in the BSI study and Los Angeles River Metals TMDL Coordinated Monitoring
Plan (CMP). This location is critical to the ULARWG for demonstrating compliance,
and water quality data collected by that group would be valuable for assessing the impact
of LAR UR2 WMA discharges on the receiving waters.
Seven stormwater outfall monitoring sites were selected. The seven monitoring sites
comprise abotxT9%o of the catchment area of the LAR UR2 WMA. The selected sites
are representative of a combination of the jurisdictions, and/or land uses within each
drainage area which they have been chosen to represent. LAR UR2 WMA stormwater
outfall samples will be collected upstream of the outfalls at manholes, utilizing a portable
auto sampler. One stormwater outfall monitoring site (LAR-UR2-RHO) will be
monitored at every wet-weather event and the remaining six stormwater outfall
monitoring sites will be monitored on a rotation basis, where one site to the north and one
site to the south will be monitored per storm event. Three of the seven monitoring sites
are located in the City of Vernon. The locations of the outfalls located in Vernon are as
follows:. The stormwater outfall monitoring site LAR-UR2-DRO receives runoff from the
Los Angeles storm drain, which primarily receives runoff from the non-WMA
group member, City of Los Angeles, and a small poftion of the City of Vernon.
Samples for LAR-UR2-DRO will be collected, utilizing portable auto samplers,
in a manhole located on the sidewalk on the southwest corner of Bandini
Boulevard and South Downey Road.
Stormwater Outfall Monitoring Site LAR-UR2-NO, receives runofffrom the
cities of Commerce, Vernon and a small portion of Bell within LAR UR2 WMA
as well as non-WMA group member, City of Los Angeles. Samples for LAR-
UR2-NO will be collected by a portable auto sampler, installed in a manhole
located in lane number 3 on South Atlantic Boulevard in the City of Vernon.
The LAR-UR2-NI-VO stormwater outfall monitoring site receives runoff from the
cities of Vernon and a small portion of Commerce as well as non-WMA group
member, City of Los Angeles. Samples for LAR-UM-NVO will be collected,
utilizing portable auto samplers, in a manhole located in the center median near
3890 East 26ft Street in the City of Vernon.
Comments from the Regional Board staffon the draft CIMP plan are pending. However, upon receipt
of an approved CIMP Plan, implementation ofthe CIMP Plan is required to commence within 90 days. Such
tasks under the CIMP plan will be contacted out through a formal bidding process
Purpose of the First Amendment to the MOU
An amendment to the MOU is required for the implementation of the WMP and CIMP plans. The
purpose ofthis MOU is to cooperatively support and undertake preparation ofthe WMP and CIMP plans and
any additional services, including but not limited to implementation of the WMP and the CIMP, except for
desigr and constuction of the regional structural BMP projects and may include studies to determine ifthe
regional sfuctural BMP projects outlined above and in the WMP are feasible. In other words the approved
work will include water quality monitoring at various outlets into the Los Angeles and Rio Hondo Rivers and
special studies including a study to determine the feasibility ofthe regional structural BMP projects.
Fiscal Imnact
Based on the attached First Amendment to the MOU, the City ofVernon's proportional share of
costs to implement the WMP Plan and CIMP Plan and other related costs to be incurred in accordance with the
cost share formulas in Exhibit 42 is for an annual not-to-exceed amount of $100,000 per year for the term of the
First Amendment to the MOU which expires on December 31,2019. Funds have been budgeted for this
purpose in the Street Operations budget (1043).
Enclosures
RESOLUTTON NO. 2013-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OE
VERNON AUTHORIZING THE EXbCUTION OE A MEMORANDUM OF
UNDERSTANDING BEThIEEN THF IOS ANGEtrES GATEWAY
REG]ONAL WATER MANAGEMENT JOINT POWERS AUTHORITY
AND THE CITIES OF BELL, BELL GARDENS, COMMERCE,
CUDAHY, IIUNTINGTON PARK, MAYIVOOD, VERNON AND THE
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR
ADMINISTRATION AND COST SHARING REI..,ATING TO A
WATERSHED MANAGEMENT PROGRAM AND COORDINATED
XNTEGRATED MoNIToRING PRoGRAM
WHEREAS, on November 8, 2012, the Los Angeles Regional_ Water
Quality contror Board ("RWecB") approved the new National poltutant
Discharge Efimination system (*NPDES-) permit for rraste discharge
requirements for Muni.cipar separate storm sewer system (MS4) discharges
withi-n the coastar watersheds of Los Angeres county, except those
discharges originating from the ci-ty of Long Beach ("MS4 permit,,); and
WHEREAS, on April L6, 2073, the City Council authorized staff
to participate in a watershed Management proEram in cooperation with
neighboring cities and administe.red by the Los Angeles Gateway Regional
Water Management Joint powers Authority (..GWMa,,1; 6n6
WHEREAS, the cities of BeI1, BeII Gardens, Commerce, Cudahy,
Huntington Park, Maywood, and vernon and the Los Angeles county Frood
controf District (the "watershed permittees,,) are members of the Los
Angeles River Upper Reach 2 Sub Watershed Committeei and
WHEREAS, by memorandum dated June 4, 2013, the Director of
cornmunity services and water has recommended that the city councir
authorize the city Administrator to enter into a Memorandum of
understandins ("Mou") between GWMA and the watershed permittees for
admini-stration and cost sharing to prepare a watershed Management
Program (wMP) pran and coordinated fntegrated Monitoring program (crMp)
0529131100
:'
Plan as required by the RWOCB, NPDES MS4 Permit Order No. R4-20L2-0175
(Permit) ; and
WHEREAS, the City of Vernon's estimated cost share for the
WMP Plan and CIMP Plan is $135,000.00; and
WHEREAS, the City Council of the City of Vernon desires to
approve to MOU between GWMA and the t4latershed Permittes.
NO[I, THEREFORE, BE IT RESOLVED BY THE CTTY COUNCIL OF THE
CITY OE VERNON AS EOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA) j-n accordance with Section 15061(b) (3), the general rule
that CEQA only applies to projects that may have an effect on the
environment.
SECTfON 3: The City Council of the City of Vernon hereby
authorizes the City Administrator to enter into the MOU between the
GWMA and the Watershed Permittees, j-n substantial,ly the same form as
the copy whj-ch is attached hereto as Exhibit A.
SECTION 4: The City Council of the City of Vernon hereby
authorizes the City Administrator to execute said MoU for, and on
behalf of, the City of Ve.rnon and the Interj-m City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 5: The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whateve.r
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized, including but not Iimited
0529131100
i _2_
to, any non-substantive changes to the Agreement attached herein.
SECTION 6: The City Council of the City of Vernon hereby
authorizes the Director of Community Services and Water to execute the
Notice of Intent, in substantially the same form as the copy which is
attached hereto as Exhibit B, as required by the RWQCB NPDES MS4
Permi-t.
SECTION 7: The City Council of the City of Vernon hereby
directs the Interim City Clerk, or the Interim City Clerk's designee,
to send two executed MOUs to:
Grace J. Kast, Executive Officer
GWMA
16401 Paramount Bl-vd.
Paramount, CA 90723
///
///
///
3-
0529131100
SECTION 8: The Interim City C1erk, or Deputy City C1erk, of
the City of Vernon shal1 certify to the passage, approval and adoption
of this resolution, and the Interim City C1erk, or Deputy City C1erk,
of the City of Vernon shall cause this resolution and the Interim City
Clerk's, or Deputy City Clerk's, certification to be entered in the
FiIe of Resolutions of the Council of this City.
. APPROVED AND ADOPTED this 4th day of .June , 20L3.
Title; Mayor /"@ _-.
Interim City Clerk
Nicholas G.
By: Scott E.
Rodriguez, City
Porter, Deputy
Attorney
City Attorney
l^I. Michael McCcrmick
4-
0s29131100
STATE OF CAIIEORNIA
COUNTY OF LOS ANGELES
)
)ss
)
day of June, 20t3, at Vernon, California.
fnterim City Clerk /
T,Dana Reed , rnrerim Ciry C1erk / t
the City of Vernon, do hereby certify that the foregoing Resolution,
being Resolution No. 2013-53, was duly pa'ssed, approved and adopted by
the City Council of the City of Vernon at a regular meeting of the City
Council duly heLd on Tuesday, June 4, 2013, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this yT-
( SEAL )
5-
0s29131100
BETwEEN'r"#iffi m%'#f'[,,[iRE}il$]l?,lil,'*rEDREGr'NAL
WATER MANAGEMENT IOINT POWERS AUTHORITY
AND
THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTONPARK,
MAYWOOD, VERNON, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR ADMINISTMTION AND COST SHARING TO PREPARE A WATERSHED
MANAGEMENT PR0GMM ('wMp") and COORDINATED INTEGRATED
MONITORING PROGRAM 1"CIMP"] As NEqUIRED BYTHE REGIOT.IAI,'WATNN
QUALITY COiVTNOT BOARD, LOS ANGEITi NECTON, NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER
SYSTEM PERMIT ORDER NO. R4-2012-0I75 MUNICIPAL SEPAMTE STORM SEWER
SYSTEM (',MS4 PERMIT")
This memorandum of understanding ["MOU;) is made and entered into as of
the date of the Iast signature set forth below, by and between the Los Angeles
llteway Region Integrated Regional Water Management f oint Powers Authority
("GWMA"), a California |oint Powers Authority, and the Cities of Bell, Bell Gardens,
commerce, cudahy, Huntington Parh Maywood, vernon ("cities"J, and the Los
Angeles County Flood Control District ["District"J:
RECTTALS
WHEREAS, the mission of the GWMA includes the equitable protection and
management of water resources within its area; and
WHEREAS, the cities of Bell, Bell Gardens, commerce, cudahy,'Huntiirgton
Park, Maywood, and Vernon manage and drain stormwater into at least a portion of
the Los Angeles River Upper Reach- 2 Sub Watershed ["LAR UR 2 Sub Watershed");
and
WHEREAS, the Los Angeles County Flood Control District owns and operates
more than ninety percent (90io/o) of the storm drains in the Reach 2 Sub Watershed;
WHEREAS, for the purposes of this MOU, the terrh "Watershed Permittees"
shall mean the cities of Bell, Bell Gardens, cudahy, commerce, Huntington Fark
Maywood, vernon, and the Los Angeles county Flood control Districtland
WHEREAS, the Watershed Permittees and the GWMA are collectiyely
referred to as the "Parties"; and
WHEREAS, the MS4 Permit became effective on Decemb er 2g;,2012 and
allows Permittees to prepare, adopt, and implement a watershed Management
12564/000l/ 1555575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May Z3,2Ol3
Program ("WMP"J, and a Coordinated Integrated Monitoring Program ("C[MP"J,
collectively "the Plans," in compliance with certain elements of the MS4 Permit; and
WHEREAS, the Watershed Permittees have elected to prepare and adopt the
Plans,in compliance with certain elements of the MS4.PermiU and
WHEREAS, preparation of the Plans requires administrative coordination for
the Watershed Permittees that the GWMA can provide; and
WHEREAS, the Watershed Permittees created the LAR UR 2 SuhrWatershed
Committee, consisting of at least one representative from each of the Watershed
Permittees, to assist the GWMA in coordinating the preparation and submission of
the Plans to be presented to the California Regional Water Quality Control Board,
Los Angeles Region, on behalf of the Watershed Permittees; and
WHEREAS, t}re Parties desire to collaboratively prepare a final Scope of Work
and Request for Proposals to obtain a Consultant to assist the Parties with
preparation and adoption of the Plans; and
WHEREAS, the Parties have determined that authorizing GWMA to hire a
consultant to prepare and deliver the Plans will be beneficial to the Parties; and
WHEREAS, the Parties have determined that the costs of preparing the Plans
and other related costs to be incurred by the GWMA should be paid by the
Watershed Permittees based on the proportional costs f"Proportional Costs")
reflected in ExhibitA
NOW THEREFORE, in consideration of the mutual covenants and conditions
set forthherein, the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as
part of this MOU.
Section 2. Purpose. The purpose of this MOU is to cooperatively support
and undertake preparation ofthe Plans and any additional services agreed to by the
Watershed Permittees working through the LAR UR 2 Sub Watershed Committee
andasapprovedbytheG\^/MAThisMoUdoeshotincludeservicesrelatedtothe
implementation of the Plans and requlred monitoring, and the Parties will enter into
an amendment to the MOU if they desire to collectively provide such services.
Section 3. Cooperatioq. The Parties shall fully cooperate with one,
another to achieve the purposes of this MOU.
Section 4. Volrilntary Nature. The Parties voluntarily enter into this MOU.
2
125541000717556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
Section 5. Binding Effdct This MOU shall become binding on GWMA and
the Watershed Permittees that execute this MOU.
Section 5. Term. This MOU shall remain and continue in effect until
luly 1,2023, unless sooner terminated as provided herein.
UR 2 Sub Watershed Committee shall appoint a representative ("Representative")
who can speak for the Watershed Permittees on decisions to be made by the LAR UR
Seaion 7.
2 Sub Watershed.
Section 8.
The LAR
The GWMA will contract with and serve as
a conduit for paying the Consultants as approved by the Watershed Permittees. The
consultant or consultants ('Consultant'') shall prepare the Plans and any other plans
and/or proiects that the Watershed Permittees determine are necessary and the
costs ofwhich the Watershed Permittees agree through the Representative to pay.
b)
3
12664/000U755657 5-9 Flnal #2 for l,AR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Proportional Costs as
provided in Exhibit A for Consultant and any other related expenses to
which the Parties may agree in writing.
Each Waterihed Permittee shall also pay its proportional share of
GWMA'S stafftime for retaining a Consultant and ihvoicing the
Watershed Permittees, audit expenses and other overhead costs,
including legal fees ["MOU Costs"J incurred by GWMA in the
performance of its duties under this MOU. GWMA shall add a
percentage not to exceed three percent (370J to each invoice
submitted to each Watershed Permittee to cover each Watershed
Permittee's share of the MOU Costs. The MOU Costs percentage shall
be set each fiscal year by a vote of the Policy Board.
G\A/MA shall submit an invoice to each Watershed Permittee upon
selection ofa Consultant reflecting each Watershed Permittee's
estimated Proportional Costs ofthe Consultant's services through the
following fune 30 or December 31, whichever date is earlier. Prior to
releasing paymeRt to Consultant, GWMA shall submit a copy of the
Consultant's invoice to the LAR UR 2 Sub Watershed Committee for
approval. The decision on whether to pay the invoice shall be
communicated to the GWMA by the Representative.
Upon receiving the first and each subsequent invoice, each Watershed
Permittee shall pay its Proportional Costs to the GWMA within forty-
five days [45) days ofreceipL
d)
c)
e)Each year, commencing lune 1,5,20L3, the LAR UR 2 Sub Watershed
Committee shall recommend to GWMA a budget for the following
year. GWMA shall consider the recommendation and adopt a budget
by f une 30s inclusive of the LAR UR 2 Sub Watershed Comminee's
recommendation. G\ r'MA will send each Watershed Permittee no
later than December 1 and May 1 of each year an invoice representing
the Watershed Permittee's Proportional Costs of the adopted budget.
GWMA shall not expend funds in excess ofthe budgeted amount
without prior notification to and approval by the LAR UR 2 Sub
Watersh'ed Comririttee.
A Watershed Permittee will be delinquent if the requested pa5rment is
within the budgeted amounts oi the amounts autJrorized by the LAR
UR 2 Sub Watershed Committee and such payment is not received by
the GWMA within forty-five [45) days after first being invoiced by the
GWMA. The GWMA will follow t}re procedure listed below, or such
other procedure that the LAR UR 2 Sub Watershed Commiftee directs
to effectuate payment: 1) verbally contact the official of the
Watershed Permittee with copies to each other Watershed Permittee
to the person and at the address to which notices should be addressed
pursuant to Section 13 of the MOU, and 2) submit a formal letter from
the GWMA Executive Officer to the Watershed Permittee. [f payment
is not received within sixty (60) days following the due date, the
GWMA may terminate the MOU unless the City Managers/
Administrators of the Watershed Permittees in good standing inform
the GWMA in irvritihg that their respective Watershed Permittees
agree to adjust their Proportional Cost allocations in accordance with
the Cbst Share Formula in Exhibit A, The termlnated Watershed
Permittee shall remain obligated to GWMA for its.delinquent
payments and any other obligations incurred prior to the date of
termination.
GWMA shall suspend all work being performed by any Consultant
retained by GIMMA if any Watershed Permittee has not paid its invoice
within forty five (45) of receipt unless the City Managers/
Administrators of the other Watershed Permittees inform the GWMA
in writing that t}eir respective Watershed Permittees will pay the
delinquent Watershed Permittee's costs once t}Ie MOU with the
delinquent Watershed Permittee has been terminated.
Any delinquent payments by a Watershed Permittee shall accrue
compound interest at the then-cuffent rate of interest in the Local
Agenry Investment Fund, calculated from the first date ofdelinquency
until the payment is made.
h)
4
L2654/OOO7/1,55657 5-9 Final #2 for I-AR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
c)
i) Funds remaining in the possession of the GWMA at the end of the
term of this MOU, or at the terminetion of this Agreement, whichever
occurs earlier, shall be promptly returned to the then remaining
Watershed Permittees in accordance with the Cost Share Formula in
ExhibitA.
Sectiori 10.Pursuant to Section V.C.4.b (page 55) of
the MS4 Permig the Watershed Permittees agl-ee to ioin y draft, execute and submit
to the Regional Board byfune 28,2013, a "Nbtice of Intent" letter that complies with
all applicable M54 Permit provisions.
The GWMA.is, and shall at all times rerhain, a wholly independent
contractor for peiformance of the obligations described in this MOU.
The GWMA's oflicbrs, officials, employees and agents shall at all times
during the Term of this MOU be under the exclusive control of the
GWMA The Watershed Permittees cannot control tlie conduct of the
GWMA or any of its officers, officials, bmployegs or agents. The
GWMA and its officers, officials, employees, and agents shall not be
deemed to be employees of the Watershed Permittees.
The GWMA is solely responsible for the payment of salaries, wages,
other compensation, employment taxes, workers' compensation, or
similar taxes for its employees and consultants performing services
hereunder.
Section 1 1.
a)
bl
Section 12.
b) Each Watershed Permittee shall defend, indemnifiT dnd hold harmless
the GWMA dnd each other Watershed Permittee and their officers,
employees, and other representatives and agents from and against
any and all liabilities, actions, suits, proceedings, claims, demands,
losses, costs, and expenses, including Iegal costs and attorney's fees,
5
12664/oool/7s5657 5.9 Final #2 for LAR uR z sub watershed Distribution Date for Execution May 23,2013
a)
for injury to or death of person(s), for damage to property fincluding
property owned by the GWMA and any Watershed PermitteeJ for
negligent or intentional acts, errors and omissions committed by that
Watershed Permittee, its officers, employees, and agents, arising out
of or related to that Watershed Permittee's performance under this
MOU, except for such loss as may be caused by GWMI'S or any other
Watershed Permitteeis gross nggligence or intentional acts or the
gross negligence or intentiona! acts of its offi.cers,.employees, or other
."p."r"rrtatives and agents other than the Consultants.
c) The G\MMA shall defend, indemniff and hold harmless the Watershed
Permittees, their officers, employees, and other representatives and
agents of the Watershed Perinittees, from and Against any and all
Iiabilities, actions, suits, proceedings, claims, demands, losses, costs,
and expenses, including legal costs and attorney's fees, for injury to or
death of pgrson(g), for damage to prbperty fincludirlg property owned
by the Watershed Permittees) and for negligent o_r intentional acts,
errors and gmiqsions committedby GWMA, its offlcers, employees,
and agents, arising out of or related to GWMA's performance under
this MOU,
d) Consultant's Insurance. The GWMA shall require the Consultants to
obtain and maintain, throughout the term of their contracts with the
GWMA, insurance as provided in Exhibit B.
eJ GWMA makes no guarantee or warranty that the reports prepared by
GWMA and its Consultant shall be approved by the relevant
governmental authorities. GWMA shall have no liability to the
Watershed Permittees or any of them for the negligent or intentional
acts or omission$ of GWMA s Consultants. The Watershed Permittees'
sole recoursg for any negligent or intentional acl or omission of the
GWMA's Consultant shall be against the Consultant and its insurance.
Section 13. Withdrawal: Terrnination.
a) A Watershed Pbrmittee may withdraw from this MOU for any reason,
or no reas-on, by giving the other Watershed Permittees thirty (30)
days written notice thereof. The effective withdrawal date shall be
the thirtieth [30th) day after GWMA receives the withdrawing
Watershed Permittee's notice to withdraw from the MOU. The
withdriiwing Watershed Permittee shall be responsible for its
Proportional Costs and proportional MOU Costs, which the GWMA
incurred or to which it became bound through the effective date of
withdrawal. Such MOU Costs shall include the remaihing fees of any
Consultant retained by the GWMA through the effective date of
withdrawal. Should anyWatershed Permittee withdraw from the
6
L2664/OOOL/ 1555575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
MOU, the remaining Watershed Permittees' Proportional Cost
allocation shall be adjusted in accordance with the Cost Share
Formula in ExhibitA. A withdrawingwatershed permittee shalr
remain liable for any loss, debt, Iiability otherwise incurred while
participating in this lt{ou. If, after paying any such loss, debt,liability,
its Proportional Costd and its propo.tionit MOU Costs incurred
through the,effective date of withdrawal, a withdrawing Watershed
Permittee has any unspent deposit remaining in the possession of the
GWMA, GWMA shall promptly return such unspent deposit to the
withdrawing Watershed Permittee.
b) The GWMA may, with a two-thirds (z/3) vote of the full poliry Board,
terminate this MOU upon not less than thirty [30) days notice,
effective on May 1 or December 1 of each year.
Section 14.
aJ Notices. All Notices which any Party is required or desires to give
hereunder shall be in writing and shall be deemed given when
delivered personally or three (3) days after mailing by registered or
certified mail (retui.n receipt requested) to the following address or as
such other addresses as the Parties may from time to time designate
by written notice in the aforesaid manner:
To GWMA:Ms. Grace Kast
GWMA Executive Officer
c/o Gatqway Cities Council of
Governments
L640L Paramount Boulevard
Paramount,CA 90723
Mr. DougWillmore
City Manager
5330 PineAvenue
Bell, CA 9020L
Mr. Phillip Wagnei
City Manager
7100 Garfield Avenue
Bell Gardens, CA 9O2OL
Mr. forge Rifa
city Administrator
2535 Commerce Way
Commerce, CA 90040
To the Watershed:
Permittees:
7
72664/000111555575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,ZOl3
Mr. Hector Rodriquez
City Manager
5220 Santa Ana Street
Cudahy, CA 9020t
Mr. Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Parh CA 90255
Ms. Lilian Myers
City Manager
43L9 East Slaiison Avenue
Maywood, CA 90270
Mr. MarkWhitworth
City Adrninistrator
4305 Santa Fe Avenue
Vernon, CA 90058
Mr. Gary Hildebrand
Los Artgeles County Flood Control District
900 South Fremont Avenue
Alhambra, CA 91803
b) Separate AccountinE and Auditing. The GWMAwill establish a
separate accouht to track revenues and expenses incurred by the
GWMA on behalf of the Watershed Permittees. Any LARUR 2
Watershed Permittee may upon five [5) days written notice inspect
the books and records of the GWMA to veri$r the cost of the services
provided and billed by G\MMA. GWMA shall prepare and provide to
the Watershed Permittees annual financial statements and audits,
after review and approva! by the LAR UR 2 Sub Watershed
Committee
c) Amendment. The terms and provisions of this MOU may not be
amended, modified or waived, except by a written instrument signed
by all Parties and approved by all Parties as substantially similar to
this MOU.
d) Waiver. Waiver by either the GWMA or a Watershed Permittee of any
term, condition, or covenant of this MOU shall not constitute a waiver
of any other term, condition, or covenant Waiver, by the GWMA or a
Watershed Permittee, to any breach of the provisions of this MOU
shall not constitute a waiver of any other provision or a waiver of any
subsequent breach of any provision of this MOU.
8
1266+/OO0l/ 1555575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
e) Law to Govern: Venue. This MOU shall be interpreted, construed, and
governed according to the laws ofthe State of California. In the event
oflitigation between the Parties, venue shall lie exclusively in the
County of Los Angeles.
f) No Presumption in Drafting. The Parties to this MOU agree that the
general rule that an MOU is to be interpreted against the Parties
drafting it, or causing it to be prepared, shall not apply.
C) Severability. If any term, provision, condition or covenant of this MOU
is declared or determined by any court of competent iurisdiction to be
invalid, void, or unenforceable, the remaining provisions of this MOU
shall not be affected thereby and this MOU shall be read and
construed without the invalid, void, or unenforceable provisions(sJ.
h) Entire Agreement. This MOU constitutes the entire agreement ofthe
Parties with respect to the subiect matter hereof and supersedes all
prior or contemporaneous agreements, whether written or oral, witlr
respect thereto.
i) Counterparts. This MOU may be executed in any number of
counterparts, each of which shall be an original, but all of which taken
together shall constitute but one and the same instrument, provided,
however, that such counterparts shall have been delivered to all
Parties to this MOU.
j) Legal Representation. All Parties have been represented by counsel in
the preparation and negotiation of this MOU. Accordingly, this MOU
shall be construed according to its fair language.
k) Agency Authorization. Each of the persons signing below on behalf of
the Parties represents and warrants that he or she is authorized to
sign this MOU on their respective behalf.
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
LOS ANGELES GATEWAY REGION
INTEGMTED REGIONAL WATER
MANAGEMENT IOINT POWERS
9
12664/0001/7556s75-9 Finar for LAR uR 2 sub watershed Distribution Date for Execution May 23,2013
GWMA Chair
DA]E 6/ca/,s
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively, as follows:
CITY OF BELL
Mr. Doug Wil.lmore
City Manager
6330 Pine Avenue
Bell, CA 90201
DATE:
ATTEST:
City Clerk
10
L2664/0O01/L556575-9 Final *2 for LAR UR 2 Sub watershed Dist.ibution Date fot Execunon May 23, Z0L3
D4
IN wlrNEss WHEREOR the parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
CITY OF BELL GARDENS
Mr. Philip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
APPROVED AS TO FORM:ATTEST:
City Clerk
11
CityAttorney
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
CITY OF COMMERCE
Mr. lorge Rifa
City Adminisrator
2535 Commerce Way
Commerce, CA 90040
APPROVED AS TO FORM:ATTEST:
Ltnda Kay 0Livierl,MMC Eduardo 011vo
I orge Rifa, CI{y/Administrator
City Attorney
72
IN WITNESS WHERE0F, the parties hereto have caused rhis MOU ro be
executed on their behalf, respectively, as follows:
CITY OF CUDAHY
Mr. Hector Rodriguez
City Manager
5220 Santa Ana Street
APPROVED AS TO FORM:
T4
DATE, uf r{ I E
ATTEST:
@4e
Fghn{ CitY Clerk
)
IN WITNESS WHEREOF, the Parties hereto have caused this MoU to be
executed on their behalf, respectively, as follows:
pg1g. June 12, 2013 CITY OFHUNTINGTON PARK
Mr, Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park CA 90255
t ' or'---
Rene Bobadilla, City Manager
APPROVED AS TO FORM:
Rocio Marf.inez-EEEIng-ElE -cterk
74
1?'664/OOO7/LSSGS75-9 Final #2 for LAR UR Z Sub Watershed Diskibution Date for Executio! May 23, 2013
4r!r11t tot, Ytu@
naa o.t#fri
City Attorney
IN WrrNEss WHEREOF, the perties hereto have caused this MoU to bs
orecuted on their behalf, respecdvely, as follows:
DATE: J-/3. /3 CITT OP MAYWOOD
Ms. Llllan Mycrs
City Manager
43 19 East Slauson Avetrue
Maywoo4 CA 90270
ATTEST;
City Manager
i?,"!.e.*d t-. A\ar'"'s fF
City Attorney
15
!Z66q00Ol/1555575-9 trlnal *2 for LAR UR Z Sub Wstsrshed olrBtbudon Dat? for &€f,ution Mr, 23, 2013
IN wlrNESS WHEREOF, the Parties hereto have caused this Mou to be
executed on their behalf, respectively, as follows:
Dana Reed
R*yi{tEtt
Interim City Clerk
CITY OF VERNON
Mr. MarkWhitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
APPROVED AS TO FORM:
f,*rfi.qo.,
Sgott E. Porter
rnryxerffirus
Deputy Clty Attorney
L6
L2664{OOOUL556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
rl,t[ry
Date
APPROVEDAS TO FORM:
lohn F. Krattli
county counsel
t7
72664/OOO7/755657 5-9 Final #2 for LAR UR 2 Sub Warershed Distribution Date for Execldon May 23,2013
Chief Engineer
Associate Date
By ablz"rs
EXIIIBIT A
The Watershed Permittees and the District agree to pay for the cost of
preparation of a WMP and CIMP. The District will piy ten percenr [10%) of the cost
of the WMP and CIMP. Each Watershed Permittee shall pay an equal one seventh
Q/Zrq share of forty-five percent (45o/o) of the cost of the WMP and CIMp and each
Watershed Permittee shall pay its pro-rata share of forty-five percent (4So/o) of the
cost of the WMP and CIMP at the cost sharing allocation percentage provided in
Table 1.
TABLE
COST S HARING ALLOCATION
FOR FORTY-FIVE PERCENT OF WMP COST
Page L8
L2564/O0oL/ 1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2OL3
&.,.
€*t
,,t
Watershed
Permittee
Land Area
Imi2l
Cost Allocation
Percentage
Bell 2.64 11.90
Bell Gardens 2.49 17.22
Commerce 6.57 29.6L
Cudahy 7.72 5.05
Huntington Park 3.03 13.65
Maywood 1.18 5.32
Vernon 5.16 23.25
/
E)Grrnrr B
PROF ESSIONAL SERVfCES AGREEMENT
This Professional Services Agreement ("Agreemenf') is dated and effective IMONTH]
IDAYJ, [YEAR], and is between the Los Angeles Gateway Region Integrated Regional
Water Management Authority also referred to as the Gateway Water Management
Authority ("GWl\dA') and [CONSULTANT'S LEGAL NAME], a [CALIFORNLA
CORPORATION/CALIFORNIA LIMITED LI.ABILITY COMPANY/CALIFORNIA'
LIMITED PARTNERS|UpISOTB PROPRIETORSHIP, ETC.I (..Consultant").
RECITALS
A. GWMA has entered into a Memorandum of Understanding betrveen the Los
Angeles Gateway Region lntegrated Reional Water Management Joint Powers
Authority and the Cities of Bell, Bell Gardens, Cudatry, Commerce, Huntington
Park, Maywood, Vemon and Los Angeles County Flood Contol District for
Administration and Cost Sharing to Prepare a Watershed Management Program
('WMP") and Coordinated Integrated Management Program ('CfNffr" irs
Required by the Regional Water Quality Control Board, Los Angeles Region,
National Pollutant Discharge Elimination System Municipal Separate Storm
Sewer System Permit Order No. R4-2012-0175 Municipal Separate Storm Sewer
System ("MS4 Permit') ("MOLP').
B. The Cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington Park,
Maywood Vemon and Los Angeles County Flood Confol District (the
"Watershed Permittees') manage and &ain stormWater into at least a portion of
the LAR Upper Reach 2 Sub Wastershed (*LAR UR 2 Sub Watershed").
C. The MS4 Permit allows Permittees to prepare, adopt rrnd implement a Wtr,p ana
CIMP (collectively, "Plans") in compliance with certain elements of the MS4
Permit.
D. The Watershed Permittees have elected to prepare and adopt the Plans in
compliance with certain elements of the MS4 Permit.
E. Pursuant to the MOU, GWMA provides administrative coordination services to
the Watershed Permittees in the preparatirin of the Plans and any additional' services agreed to by the Watershed Permittees and approved by'GW.MA.
F. The Watershed Permittees have created the LAR UR 2 Sub Watershed
Commiffee, consisting of at least one representative from each of the Watershed
Permittees, to assist GWMA in coordinating the prepartion ofthe Plans.
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L266+/O001/ 1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2073
G. The Watershed Pennittees have authorized GWMA to hire and serve as a conduit
for paying consultants, approved by the Watershed Permittees, to prepare the
Plans and any other plans and/or projects that the Watershed Permittees determine
are necessary.
The parties agree as follows:
SCOPD OF SERVICES
l. Consultant shall provide the services (the "Services") described in Exhibit A.
2. Project Name:
Project Description:
TIME FOR PERFORMANCE
3. The term of this Agreement shall commence on the effective date of this
Agreement and expire on [MONT][ [DAY], [YEAR], unless earlier terminated
in accordance with the terms of this Agreement or extended by the GWMA
Goveming Board.
STAI\IDARD OF PERtr'ORMANCE
4. Consultant's Services shail be performed in accordance with generally accepted
professlonal practices and principles and in a manner consistent with the level of
care and skill ordinarily exercised by members of Consultant's profession
currently practicing under similar conditions. By delivery of completed work,
Consultant i:ertifies that the work conforms to the requirements of this
Agreement, all applicable federal, state and local laws and regulations and
applicable elements of the MS4 Permit. Consultant shall maintain throughout the
term of this Agreement all licenses, certifications, registrations or other similar
requirements necessary for Consultant's performance of the Services under this
Agreement.
Page2O
72664/000L/ 1556575-9 Final #2 for IAR UR 2 Sub Watershed DisEibution Date for Execution May 23, 2013
OWNERSHIP OF WORK PRODUCT
5. Upon delivery, the work produc! including, without limitation, all original
reports, writings, recordings, drawings, files, and detailed calculations developed
under this Ageement (collectively'vork prbduct,,) are GWMA's property. All
copyrights that arise from work product shall Vest in GWMA. Consultant waives
intellectual property rights in the
of the work product is limited toe Services and Consultant makes no
work product for use in or application to
is Agreement. Any alteration or reuse by
project other than the Services provided
e at GWMA's sole risk, unloss GWMA
compensates Consultant for such alteration or reuse.
COMPENSATION AI\D METHOD OF' PAYMENT
6- GWMA shall pay Consultang for the Services perforrhed (please select one):
a- On a time and materials basis at the following rates and up to the not-to-
exceed amount of
dollars
b. A flat amount of:
($ t.
dollars
Consultant shall perform the Services for the amount(s) listed above. GWMA
shall not withhold federal payroll, state payroll and other ta:res, or other similar
deductions from each payment made to Consultant. Consultant shall pay all
applicatle federal, state, and local excise, sales, consumer use, and other similar
ta<es required by law. GWMA shall not allow any claims for additional services
performed by Consultan! unless the Project Manager or GWMA Chair authorizes
the additional services in writing prior to consultaut?s performance of the
additional services or the incurence of additional expensis. Any additional
services authorized by the Project Manager or GWMA Chair shall be
compe.nsated at the hourly rates set fo th above, or, if not specified, at a rate
mutually agreed to by the parties.
Page2L
L266+/0O0L/ L556575-9 Final #2 for l,AR UR 2 Sub Watershed Distribution Date for Execution May 23, 2013
Consultant shall submit to GWMA a proposed annual budget for the Services to
be perfonned during each calendar year of the term of this Agreement. The
proposed entify the proposed total annual budget amount
*d ttr" p for the p"iioat of Janauary l$ through June 306
and July ltt. Consultant shall submit a proposed annual
budgct io GWMA on or before the 15th of April for the Services to be performed
during the subsequent calendar yoar. GWMA will submit Consultant's annual
budgets to the I.^tn Un 2 Sub Watershed Committee no later than May I't of each
year for the Committee's approval and adoption.
Consultant shall submit invoices to GWMA on a monthly basis for actual work
performed and actual expenses incurred during the preceding month. The
invoices shall describe in detail the Sertices performed by each person for each
task, including the days and hours worked.
Prior to releasing payment to Consultant, GWMA shall submit Consultant's
invoices to the LAR tlR 2 Sub Watershed Committee for final payment approval.
The LAR UR 2 Sub Watprshed Committee's decides whether to pay an invoice
submitted by Consultant and informs GWMA of its decision. If the LAR UR 2
Sub Watershed Committee approve GWMA payment of an invoice, GWMA shall
make payment to Consultant payable to: [payment address].
GWMA's payment obligations pursuant to this Agreement are payable solely
from funds appropriated to GWMA by the Watershed Permittees to fullfil the
purpose of this Agreement. GWMA and Consultant expressly agree that full
funding for this Agreement over the term of this Agreement is contingent on
GWMA's receipt of payment from each Watershed Permittee of its proportional
costs of the Services. In the event of a Watershed Permittee's failure to pay its
proportional costs of the Services to GWMA, GWMA may either reduce funding
for this Agreement at a level that is proportionate to the reduction in GWMA's
receipt of funds from the Watershed Permittees or suspend all or a portion of the
Services being performed by Consultant.
INDEPENDENT CONTRACTOR
7. Consultant is an independent contractor. Neither Consultant nor any of
Consultant's officers, employees, agonts or subconsultants, if any, shall be an
employee of GWIvIA or its members by virtue of this Agreement or performance
of the Services under this Agreement.
CONFLICT OF INTEREST
8. Consultant and its officers, employees, associates and sub consultants, if any,
shall comply with all applicable conflict of interest statutes of the State of
California applicable to Consultant's Services under this Agreement including,
Page22
726641OOOL/L556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date flor Execution May 23,2O13
the Political Reform Act (Cal. Gov. Code $ 81000, et seq.) and Government Code
Section 1090.
INDEMNIFTCATION
9. Inderhnities. Consultant shall indemniff, defend and hold harmless GWMA, andits offioials, officers, attorneys, agents, employees, designated volunteers,
successors and assigns, and the Watershed Permittees, and each Watershed
Permittee's offrcers, employees and agents, in accordance wiflr the terms of this
Section 9. Consultant's covenant under this Section 9 shall survive the expiration
or termination of this Agreement.
a. To the fullest extent permitted by law, Consultant hereby agrees, at its sole
cost and
-expense, to protect, defend, hold harmless and indemnify GWMA,
and its officials, officers, attorneys, agents, employees, designated volunteers,
successors, assigns and those GWMA agents serving as independent
contractors in the role of GWMA officials, and the Watershed Permitties, and
each Watershed Perrnittee's officers, employees and agents (collectively
"Indernnitees') from and against any ana at aamage{ costq expenses,
Iiabilities, suits, claimi, demands, causes'of aetion, pioceedingi
"*p"nr"r,judgments, penalties, liens, and losses of any nature whatsoevir, including
legal costs, fees ofaccountants, attorneys, or other professionals and all costs
associated therewith and the paymen( of all consequential damages
(collectively "claims"), in law or equity, whether u"t ul, alleged or
threatened, for injury to or death of person(s), for damage to property
(including property owned by GWMA or any Watershed fermiuee), which
result from, arise out of, pertain to, or relate to the negligent or intentional acts
or omissions committed by Consultant, its officers, agents, representatives,
servants, employees, subcgnsultants, suppliers or r thgir offlcers, agents,
servants, employees, subconsultants, contractors (or any entity or individualthat Consultant shall bear. the legal liability thereof) in Consultant,s
perfomrance of this Agreeme,lrt, including the Indernnitees' active or passive
negligence, except for Claims arising from the sole negligence or willful
misconduct of Indemnitees, as determined by final uibitrution or court
decision or by the agreement of the parties. Consultant shall defend
Indemnitees in any action or actions filed in connection with any Claim with
counsel of Indernnitees' choice, and shall pay all costs and expenses,
including all attomeys' fees and experts' costs actually incurred in connection
with such defense. Consultant shall reimburse Indernnitees for any and all
legal expenses and costs incurred by Indemnitees in connection therewith.'
b. The indemnity under this Section 9 is effective regardless of any prior,
concurrent, or subsequent misconduct, negligent acts, erors or omissions of
the Indemnitees and without reference to the existe-nce or applicability of any
insurance coverages that are required under this Agreem.ni o. any additional
1266+/0007/ 1s56575-9 Final #2 for LAR UR 2 r.Ifi*rli"d Distibution Date for Execurion tiay 23,2013
insured endorsements that may extend to the Indemnitees. The indemnity
under this Section 9 is in addition to any other rights or remedies that the
Indemnitees may have under the law. Payment is not required as a condition
precedent to the Indemnitees' right to recover under this Section 9, and an
intry of judgment against Consultant shall be conclusive in favor of the
Indemnitees' right to recover under this Section 9. Consutltant shall pay
Indemnitees for any attorneys fees and costs incurred in enforcing these
indemnifi cation provisions.
INSURANCE
10. Insurance Requirements.
a. Consultant shall at all times during tlre term of this Agreement carry,
maintain, and keep in full force and effect, the following policies of insurance
with minirnum limits as indicated below and issued by insurers with A.M.
Best ratings of no less than A:VItr:
l. Comprehensive commercial general liability insurance wiflr minimum
limits of One Million Dollars' ($1,000,000) per incident or accident for
bodily injury, death and property damage;
2. Automobile liability insurarrce for any owned, non-owned or hired vehicle
used in connection with the performanie of the Services under this
Agteement'with minimum combined single limits coverage of One
Million Dollars ($1,000,000); and
3. Workers' compensation insurance as required by thg State of California.
b. The insurance required by this Seotion l0 shall apply on a primary non-
contributing basis. Any insurance or self-insurance maintained by GWMA,
GWMA's member agencies, the Watershed Permittees and their respective
offrcers, employees, agents; subcontractors or volunteers, shall be in excess of
Consultant's insurance and shall not contribute with it.
c. The automobile and comprehensive general liability insurance policies shall
. contain,an endorsement naming GWMA, the Watershed Permittees and their
officers, employees, officials and agents, as additional insureds. All insurance
policies shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty (30) days' prior written notice to
GWMA. All insurance policies shall be endorsed to delete the subrogation
condition as to GWMA and each Watershed Permittee, or shall explicitly
allow Consultant to waive Consultant's right of recovery prior to loss.
Consultant waives all rights of subrogation and contribution against GWMA
and each Watershed Permittee. Consultant shall require its insurer to modify
the certificates of insurance to delete any exculpatory wording stating that
P age24
t2664lOOO7/1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for ExecutionMay23,2013
failure of the insurer to mail wriffen notice of cancellation lmposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
Consultant shall require all subconsultants or other third parties hired to
perform services under this Ageement, to carry, maintain, and keep in full
force and effect, insurance policies that meet the requirements of this Section
10, unless otherwise agreed to by GWMA. The procurement of insurance by
any subconsultant or other third party hired to perform services under thii
Agreement shall not relieve Consultant from any duties or liability otherwise
arising under this Section 10.
Prior to performance of the Services under this Agreement, Consultant shall
file a certificate or certificates of insurance, together with the required
endorsements, wlth GWMA showing that the insurance.policies are in effect
in the required amounts.
TERMINATION
11. Supension and Termination by the Parties.
suspension by GWMA. The Project Manager may suspend this Agreement or
any portion of this Agreement or the Services requiied undbr this Agreement
in accordance with Section 6 of this Agreement upon written notice to
consultant. Up uspensibn, consultant shalr perfor-m
no fimher serv in the notice. GWN4A shall pay
consultartt for performed in accordance with ihis
Agreement to the date of suspension, subject to the limitation on GWIMA's
payment obligations set forth in section 6 of this Agreement: GWMA shall
reimburse Consultant foi authorized expenses incuned to .the date of
suspension and not previously reimbursed, subject to the limitation on
GwMA's payment obligations set forth in Section 6 of this Agreement.
Termination by GWMA. The GWMA Goveming Board may terminate this
Agreement or any portion of this Agreement or the Services required under
this Agreement for any reason on ten (10) calendar days' written notice to
Consultant. Upon receipt of a notice of termination, Consultant shall perform
no further services excep as specified in the notice. Before the date of
termination, consultant shall deliver to GWMA all work product, whether
complete or incomplete, prepared or compiled through the date of termination
and not otherwise previously delivered to GWMA. GWMA shall pay
Consultant for services satisfactorily performed in accordance with this
Agreement to the date of termination, subject to the lirnitation od GWMA,s
payment obligations set forth in Section 6 of this Agreement. GWMA shall
reimburse Consultant for authorized expenses incurred to the date of
Page 25
72664/000L/ 1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,zotg
b.
termination and not previously reimbursed, subject to the limitation on
GWMA's payment obligations set forth in Section 6 of this Agreement.
Consultant shall not have any other claim against GWMA by reason of such
termination.
c. Termination by Consultant. Consultant may terminate this Agreement on
thirty (30) calendar daysf written notice to GWMA only in the event of a
material default by GWMA, which default GWMA has not been cured within
thirty (30) days following receipt by GWIT4A of written notice from
Consultant specifring the besis of the alleged default.
ADi\dINISTRATION
f2. GWMA's representative for administration of this Agreement is the Executive
Offrcer of GWMA, or such other person designated in writing by the GWMA
Governing Board ("Project Manager'). Consultant's representative for
administration of this Agreement is l-NAlvtE] ('Consulttrnt's representative"),
unless notified in writing by Consultant that additional representatives. are
authorized.
NOTICES
13. Any routine administrative communication between the Project Manager and the
Consultant's representative required to be in writing may be made by personal
delivery, first class U.S. mail, facsimile transmission or electronic mail. Any
other notices, invoices or reports required by this Agreement shall be given by
first class U.S. mail ot by personal servicc. Notices shall be deemed received on
(a) the day. of delivery if delivered by hand or overnight courier service during
Consultant's and GWIvIA's regular business hoqs or by facsimile before or
during Consultant's regular business hours; or O) on the third business day
following deposit in thi United States mail, posiage prepaid, to the addresses
below, or to such other addresses as the parties may, from time to time, designate
in writing pursuant to the provisions of this Section 13. dll notices shall be
delivered to the parties at the following addresses:
If to GWMA:Gateway Water Management Authority
Attn:
Email:
Facsimile:
If to Consultant:
Attn:
Page26
126641000L/ 1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2073
Email:
Facsimile:
WAI\1ER
14. No delay or omission to exercise any righl power or remedy accruing to GWMA
under this Agreement shall impair any righq power, or remedy of'GWMA, nor
shall it be consftued as a waiver'of, or consent to any breach or default. No
waiver of any breach; any failure of a condition, or any right or remedy under this
Agreement (1) shall be effective unless it is in writing and signed by the party
making the waiver; (2) shall be deemed to be a waiver of, or consent, to any other
breach, failure of a condition, or right or remedy, or (3) shall be deemed to
constitute a continuing waiver unless the writing expressly so states.
ATTORNEY'S FEES
15.In the event that either party to this Agreement shall commence any legal'action
or proceeding to enforce or interpret the provisions of this Agreement the
prevailing party in such action or proceeding shall be entitled to recover its costs
of suit, including reasonable attorney's fees.
EXHIBITS
16. Exhibit A constitutes a part of this Agreement and is incorporated into this
Agreement by this reference. If any inconsistency exists or arises between a
provision of this Agreement and a provision of Exhibit A, the provisions of this
Agreement shall control.
ENTIRE AGREEMENT
17. This Agreement and Exhibit A constitutes the final, complete and exclusive
statement of the terms of the agreement between the parties pertaining to the
subject matter of this Agreement and supersedes all other prior or
contemporaneous oral or written understandings and agreements of the parties.
MODIFICATION
18. This Agreement may be supplemented, amended or modified only by a writing
signed by Consultant and the Project Manager or GWMA Chair.
LSIGNATURE PAGE FOLLOW
Page27
t2664/O0Ol/ 1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
The parties are signing this Agreement on the effective date.
GWMA Consultant
Los Angeles Gateway Region Integrated [COMPANY NAME],
Regional Water ManagementAuthority a [LEGAL ENTITY STATUS]
By:By:
Name:
Title:
APPROVED AS TO FORM:
Name:
Title:
Name:
Title:
(Please note: Two signatures required for
corporations pursuant to Calitbrni a Corporati ons
Code Section 313.)
Name:
Title:
ATTEST:By:
By:
By:
Name:
TitIC:
Page28
12664/0OOL/ 1556575-9 Final #2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,20L3
EXHIBIT C
The District agrees to pay their proportional share ofcosts ofpreparing the plans
and other related costs to be incurred by the GWMA in accordance with the Cost Sharing
Allocation Formula reflected in Exhibit A, for an amount not-to-exceed $100,000.
Page 29
DR-qET 05t2A2013
June 28,2013
Ms. Renee Purdy
Calffornia Regional Water Quality Control Board
Los Angeles Region, Suite 200
320 W. Fourth St., Suite 200
Los Angeles, CA'90013
RE: Notice of lntent for a Walershed Management Program and Coordinated
lntegrated Monitoring Program for the Lower Los Angeles River Upper Reach 2
Gateway Watershed sub-region.
Dear Ms. Purdy:
The Permiftees tisteA in Table 1 below that are party to this Notice of lntent (NOl) hereby
notify the Los Angeles Regional Water Quality Control Board (Regional Water Board) of
theirintent to develop a Watershed Management Program (WlVlP) for the Lower Los
Angeles River Upper Reach 2 Watershed suFregion which includes the Cities of
Commerce, Vemon, Huntington Park, Maywood, Cudahy, Bell' and Bell Gardens. This
NOI is being submitted in accordan@ with Part Vl.C.4'b.i of Order R+2012-0175.
Permittees meet the LID and Green Street conditions and will submit the Draft WMP
within 18 months'of the effective date of Order R4-2O12-0175 (June 28,2014).
ln addition, the same permittees listed in Table t hereby notify the Regional Water Board
of their intent to develop a Coordinated lntegrated Monitoring Program (CIMP) as part of
theirWMP. The Permittees intend to follow a CIMP approach for each of the required
monitoring plan elements including Receiving Water Monitoring, Storm Water Outfall
Based Monitoring, Non-storm water outfall Based Monitoring, New DevelopmenuRe-
Development Effectiveness Tracking, and Regional Studies and will submit the CIMP
within ,18 months.of the effective date of order R4-2012-0175 (June 28, 2014) with the
WMP.
NOI forWMP & CIMP
Lower LAR Upper Reach 2
June 28,2013
Page2
SECTION 1. PROGRAM TYPE AND PERMITTEES
Table I lists the permittees who have agreed to work cooperatively and jointly develop a
\ /MP and CIMP under a Memorandum of Understanding (MOU) with the Los Angeles
Gateway Region lntegrated RegionalWater Management Joint Powers Authority for
administration and cost sharing.
SECTTON 2. TOTAL MA)OMUM DATLY LOADS ESTABLISHED WATER QUALITY
BASED EFFLUENT LIMITATIONS:
Table 2 lists applicable interim and finaltrash Water Quatity Based Effluent Limitations
(WQBELs) and all other final WQBELs and receiving water limitations established by
Total Maximum Daily Loads (IMDLs) and identified by Section Vl.C.4.B.ii of the Order.
Table 2. Applicable lnterim and Final Trash WQBELs and all other Final WQBELS and
Receiving Water Limitations Occurring Before Watershed Management Program
Approval
NOlforWMP & CIMP
Lower LAR Upper Reach 2
June28,2013
Page 3
SECTION 3. TDENTIFY TMDL CONTROL MEASURES:
Table 3 identifies the control measures being implemented by each Permittee for each
TMDL that have interim and final WQBELs that occur prior to the anticipated approval of
the WMP. The Permittees will continue to implement these measures during the
development of the WMP.
SECTION 4. DEMONSTRATTON OF MEETING LID ORDINANCE AND GREEN
STREET POLICY REQUIREMENTS:
The Permittees that are party to this NOI have LID ordinances and Green Streets
policies in place or in development.Table 4 summarizes the status of the Permittees' LID
ordinances and Tabte 5 summarizes the status of the Pennittees'Green Streets policies.
More than 50% of the MS4 watershed area that will be addressed by the WMP is
covered by LID oidinances and Green Streets policies.
Table 3. Control Measures that will be lmplemented Concurrently with WMP
Development for TMDLs
NOlforWMP & CIMP
Lower LAR Upper Reach 2
June28,2013
Page 4
Table 4. Status of LID Ordinance Coverage of the MS4 Watershed Area Addressed by
the WMP
Table 5. Status of Green Street Policy Coverage of the MS4 Watershed Area
Addressed by the WMP
NOlforWMP & CIMP
Lower LAR UPPer Reach 2
June 28, 2013
Page 5
The listed permittees are diligently working together and making progress towards
complia 5. PlJase contact the individual permittees should
you hav ir jurisdiction's compliance measures. A list of
tontact nk You'
Sincerely,
Lt/17 /t4
FIRST AMENDMENT TO THE MEMOMNDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT IOINT POWERS AUTHORITYAND
THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTON PARK,
MAYWOOD, VERNON, AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR
ADMINISTMTION AND COST SHARING TO PREPARE AND IMPLEMENT A WATERSHED
MANAGEMENT PROGRAM ("WMP,,) and COORDINATED INTEGRATED MONITORING
PROGMM ("CIMP") AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD,
LOS ANGELES REGION, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ORDER NO. R4-20L2.0L75
MUNICIPAL SEPAMTE STORM SEWER SYSTEM ("MS4 PERMIT")
This FIRST AMENDMENT to the memorandum of understanding ("MOU") is made
and entered into as of the date of the last signature set forth below, by and between the Los
Angeles Gateway Region Integrated Regional Water Management foint Powers Authority
("GWMA"), a California f oint Powers Authority, and the Cities of Bell, Bell Gardens,
Commerce, Cudahy, Huntington Park, Mayvrrood, Vernon ("Cities"), and the Los Angeles
County Flood Control District ["LACFCD"):
1. Recitals. This FIRST AMENDMENTis made with the respect to the following
facts and purposes:
A. For the purposes of this First Amendment, the term "Watershed Permittees"
shall mean the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood,
Vernon, and the Los Angeles County Flood Control DistricU and
B. The Watershed Permittees and GWMA are collectively referred to as the
"PARTIES"; and
C. 0n August L9,20t3, the PARTIES entered into aMemorandum of
Understanding between the Los Angeles Gateway Region Integrated Regional Water
Management foint Powers Authority and the Cities of Bell, Bell Gardens, Commerce,
Cudahy, Huntington Park, Maywood, Vernon, and the Los Angeles County Flood Control
District for Administration and Cost Sharing to Prepare a Watershed Management Program
("WMP") and Coordinated Integrated Monitoring Program ("CIMP", collectively the "Plans"
as required by the Regional Water Quality Control Board, Los Angeles Region, National
Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit,
Order No. R4-2012-0L75 Municipal Separate Storm Sewer System ("MOU"); and
D. TheWatershed Permittees prepared and submitted the Plans to the Regional
Board in compliance with certain elements of the MS4 Permi! and
E. The PARTIES now desire to amend the MOU to: (1) add implementation of
the Plans to the scope and purpose of the MOU; and (2) provide a separate cost-
12664/0004/77 67965-L
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shareformula for the implementation of the Plans, subject to annual budget approval, in
accordance with each PARTY'S cost share allocations set forth in Exhibit "Al" ("Cost Share
Formula for Preparation of the Plans") and Exhibit"A2" ("Cost Share Formula for
Implementation of the Plans") which is attached hereto and made a part hereof; and
F. The Parties have determined that authorizing GWMA to hire a consultant to
implement the Plans will be beneficial to the Parties; and
G. The Parties desire to collaboratively prepare a final Scope of Work and
Request for Proposals to obtain a consultant to assist the Parties with implementation
required by the Plans.
The PARTIES agree that the following provisions of the MOU shall be amended as follows:
2. Section 1 of the MOU entitled "Recitals" is hereby amended by adding thereto
Recitals A-G of Section 1- of this First Amendment, which is set forth in Section 1 of this First
Amendment and incorporated herein as though set forth in full.
3. Section 2 of the MOU entitled "Purpose" is hereby amended to read as follows:
"section 2. Purpose. The purpose of this MOU is to cooperatively support
and undertake preparation of the Plans and any additional services, including but not
limited to implementation of the WMP and the CIMP, except for design and construction of
regional BMP projects as agreed to by the Watershed Permittees working cooperatively as
the Los Angeles River Upper Reach 2 ("LAR UR 2") Sub Watershed Committee and as
approved by the GWMA. For the purposes of this MOU, the term "regional BMP projects"
does not include individual cities'low impact development ("LID") projects, including LID
streets or Green Streets projects."
4. Section 3 of the MOU entitled "Cooperation" is hereby amended to read as follows:
"section 3. Cooperation. The Parties shall fully cooperate with one another to
achieve the purposes of this MOU. The Watershed Permittees shall prepare a final Scope of
Work and Request for Proposals to seek and hire a consultant to assist the Parties with
implementation of the Plans, and GWMA shall assist with soliciting proposals from
consultants toimplement the Plans and shall administer said consultants'contracts."
5. Section 6 of the MOU entitled "Term" is hereby amended to read as follows:
"section 6. Term. This MOU shall remain and continue in effect until December
3L,20L9, unless sooner terminated as provided herein."
72664/00041 t7 67965-r
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6. Section 8 of the MOU entitled "Role of the GWMA" is hereby amended in its entirety
to read as follows:
"Section B. Responsibilities of the Parties.
a) Responsibilities of the GWMA. The GWMA agrees to: (i)solicit proposals for
preparation and implementation of the Plans; (ii) administer the selected
consultants' ("Consultants") contracts in accordance with the Scopes of Work
prepared by the Watershed Permittees; and (iii) serve as a conduit for paying
the Consultants, as approved and funded by the Watershed Permittees.
b) Responsibilities of the LAR UR 2 Sub Watershed Committee. The LAR UR 2
Sub Watershed Committee agrees to:
i. LACFCD Facilities/Mass Emissions Stations. Obtain any necessary
permits from LACFCD for access to and construction within LACFCD storm
drains, channels, catch basins, and similar properties ("Facilities"), provided
the LAR UR 2 Sub Watershed Committee and its Consultants provide written
notice 72 hours in advance of entry to LACFCD's Facilities.
ii. SuperviseConsultants. SupervisetheConsultants'preparationand
implementation of the Plans.
iii. Reports. Submit reports to the Regional Board as described in the
Plans and distribute copies of the reports to the Watershed Permittees prior
to submittal to the Regional Board for review and comment. The LAR UR 2
Sub Watershed Committee will provide the Watershed Permittees with an
electronic copy of the draft CIMP Annual Report and completed CIMP Annual
Report within seven (7) business days after receipt from the Consultants. In
addition,the LAR UR 2 Sub Watershed Committee will submit to the
Watershed Permittees the data used to prepare the reports. This data will be
transmitted electronically in a Microsoft Excel format that contains the table
structure and syntax agreed upon by the LAR UR 2 Sub Watershed
Committee.
c) Responsibilities of the Los Angeles County Flood Control District ("LACFCD").
LACFCD agrees to:
i. LACFCD Mass Emissions Station (MES) Monitoring. Provide available
monitoring data from the existing Los Angeles River MES, owned and
operated by the LACFCD. Data shall be limited to water column chemistry
and aquatic toxicity.
ii. Access to LACFCD Facilities/Mass Emissions Stations. To grant access
to the LAR UR 2 Sub Watershed Committee and its Consultants to LACFCD
Facilities, including LACFCD's Los Angeles River MES, to achieve the
12664 I 0004 / L7 67955-L
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purposes of this MOU, provided the LAR UR 2 Sub Watershed Committee and
its CONSULTANT obtain a permit and provide written notice 72 hours in
advance of entry to LACFCD's Facilities. Access permits will be issued by the
LACFCD at no cost to the Parties and their Consultants. Permits for
construction or installation of structures in LACFCD right of way will incur
fees to cover the cost of review, inspection, etc. by LACFCD.
d) Responsibilities of the Watershed Permittees. The Watershed Permittees
agree to:
i. Documentation. To make a full-faith effort to cooperate with one
another to achieve the purposes of this M0U by providing all
requested information and documentation in their possession and
available for release to the Consultants that is deemed necessary by
the Parties to implement the Plans.
ii. Access. Each Watershed Permitee will allow reasonable access and
entry to the Parties and their Consultants, on an as needed basis
during the term of this MOU, to each Watershed Permittee's Facilities
to achieve the purposes of this MOU, provided, however, that prior to
entering any of the Watershed Permittee's Facilities, the Consultants
shall obtain a permit and provide written notice 72 hours in advance
of entry from the applicable Watershed Permittee.
iii. Permit. The Watershed Permittees will make a full-faith effort to
work with the Consultants to obtain all necessary permits for
installation of permanent infrastructure or modifications to
stormwater monitoring sites within each Watershed Permittee's
jurisdiction.
7. Section 9 of the MOU entitled "Financial Terms" is hereby amended to read as
follows:
"Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Proportional Costs as provided in
Exhibit "Al" ("Cost Share Formula for Preparation of the Plans")and Exhibit
"A2" ("Cost Share Formula for Implementationof the Plans") for
Consultantsand any other relatedexpenses to which the Parties may agree in
writing.
b) Each Watershed Permittee shall also pay its proportional share of GWMA's
staff time for retaining Consultants and invoicing the Watershed Permittees,
audit expenses and other overhead costs, including legal fees ("MOU Costs")
incurred by GWMA in the performance of its duties under this MOU. GWMA
shall add a percentagenot to exceed three percent (30lo) to each invoice
L266410004/1767965-r
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submifted to each Watershed Permitteeto cover each Watershed
Permittee'sshare ofthe M0U Costs. The MoU Costs percentage shall be set
each fiscal year by a vote of the GWMA Policy Board.
GWMA shall submit an invoice to each Watershed Permittee upon selection
of Consultants reflecting each Watershed Permittee's estimated Proportional
Costs ofthe Consultants' services through the following fune 30 or December
31, whichever date is earlier. Prior to releasing payment to Consultants,
GWMA shall submit a copy of the Consultants' invoices to the LAR UR 2 Sub
Watershed Committee for approval.The decision on whether to pay the
invoice shall be communicated to the GWMA by the Representative.
Upon receiving the first and each subsequent invoice, each Watershed
Permittee shall pay its Proportional Costs set forth in that invoice to the
GWMA within forty-five days (45) days of receipt.
By May 1Sttt of each year,commencing May t5,2013, the LAR UR 2 Sub
Watershed Committee shall submit to CWMA a recommended budget for the
following year. GWMA shall consider the recommendation and adopt a
budget by June 30d inclusive of the LAR UR 2 Sub Watershed Committee's
recommendation.GWMA will send each Watershed Permitteeno later than
December 1 and May 1. ofeach year an invoice representing the Watershed
Permittee's Proportional Costs of the adopted budget. GWMA shall not
expend funds in excess ofthe budgeted amount without prior notification to
and approval by the LAR UR 2 Sub Watershed Committee.
A Watershed Permifteewill be delinquent if the requested payment is within
the budgeted amounts or the amounts authorized by the LAR UR 2 Sub
Watershed Comminee and such payment is not received by the GWMA
within forty-five (45) days after first being invoiced by the GWMA. The
GWMA will follow the procedure listed below, or such other procedure that
the LAR UR 2 Sub Watershed Committee directs to effectuate payment: 1.)
verbally contact the official of the Watershed Permittee with copies to each
other Watershed Permittee to the person and at the address to which notices
should be addressed pursuant to Section 1.3 ofthe MOU, and 2) submit a
formal letter from the GWMA Executive 0fficer to the Watershed Permittee.
If payment is not received within sixty (60J days following the due date, the
GWMA may terminate the MOU unless the City Managers/Administrators of
the Watershed Permittees in good standing inform the GWMA in writing that
their respective Watershed Permittees agree to adjust their Proportional
Cost allocations in accordance with the Cost Share Formulas inExhibit "Al"
("Cost Share Formula for Preparation of the Plans") and Exhibit "A2" f"Cost
Share Formula for Implementation of the Plans"J. The terminated Watershed
Permittee shall remain obligated to GWMA for its delinquent payments and
any other obligations incurred prior to the date of termination.
d)
e)
0
12664 / OOO4 / t7 67 9 65 -1
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g) GWMA shall suspend all work being performed by any Consultants retained
by GWMA if any Watershed Permitteehas not paid its invoice within forty
five (45J of receiptunless the Ciry Managers/Administrators ofthe other
Watershed Permitteesinform the GWMA in writing that their respective
Watershed Permittees will pay the delinquent Watershed Permittee's costs
once the MOU with the delinquent Watershed Permittee has been
terminated.
h) Any delinquent payments by a Watershed Permittee shall accrue compound
interest at the then-current rate of interest in the Local Agency Investment
Fund, calculated from the first date ofdelinquency until the payment is made.
i) Funds remaining in the possession of the GWMA at the end of the term of this
MOU, or at the termination of this MOU, whichever occurs earlier, shall be
promptly returned to the then remaining Watershed Permitteesin
accordance with the Cost Share Formulas in in Exhibit "A1"("Cost Share
Formula for Preparation of the Plans") and Exhibit "A2"["Cost Share
Formula for Implementation of the Plans").
8. Paragraph a) of Section 13 of the MOU entitled "Withdrawal/Termination" is hereby
amended to read as follows:
"a) A Watershed Permittee may withdraw from this MOU for any reason, or no
reason, by giving the other Watershed Permittees thirty (30J days written notice thereof.
The effective withdrawal date shall be the thirtieth (30th) day after GWMA receives the
withdrawing Watershed Permittee's notice to withdraw from the MOU. The withdrawing
Watershed Permitteeshall be responsible for its Proportional Costs and proportional MOU
Costs, which the GWMA incurred or to which it became boundthrough the effective date of
withdrawal. Such MOU Costs shall include the remaining fees of any Consultant retained by
the GWMA through the effective date of withdrawal. Should any Watershed Permittee
withdraw from the MOU, the remaining Watershed Permittees' Proportional Cost
allocation shall be adjusted in accordance with the Cost Share Formulas in Exhibit "Al"
["Cost Share Formula for Preparation ofthe Plans") and Exhibit "A2" ("Cost Share Formula
for Implementation of the Plans")..A withdrawing Watershed Permittee shall remain liable
for any loss, debt, liability otherwise incurred while participating in this M0U. Ilafter
paying any such loss, debt, liability, its Proportional Costs and its proportional MOU Costs
incurred through the effective date of withdrawal, a withdrawing Watershed Permittee has
any unspent depositremaining in the possession of the GWMA, GWMA shall promptly
return such unspent deposit to the withdrawing Watershed Permittee."
9. Exhibit "A1" ("Cost Share Formula for Preparation of the Plans") to the MOU is
hereby amended to read as set forth in Exhibit "Al" to this First Amendment, which is
attached hereto and incorporated herein as though set forth in full.
t2664 /0004 /77 67965-7
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10. Exhibit "A2" ("Cost Share Formula for Implementation/Monitoring of the Plans")is
hereby added to the MOU to read as set forth in Exhibit "A2" to this First Amendment,
which is attached hereto and incorporated herein as though set forth in full.
11, The M0U is hereby amended by adding hereto Exhibit "B"of this FirstAmendment,
which is attached hereto and incorporated herein as though set forth in full.
12. Except for the changes specifically set forth herein, all other terms and conditions of
the MOU shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE:LOS ANGELES GATEWAY REGION INTEGRATED
REGIONAL WATER MANAGEMENT JOINT
POWERS AUTHORITY
Chris Cash
GWMA Chair
7
12664/0004/!7 6796s-L
LL/17 /14
IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behall respectively, as follows:
DATE:CITY OF BELL
Mr. Doug Willmore
City Manager
6330 Pine Avenue
Bell, CA 90201
ATTEST:
Doug Wilmore, City Manager
APPROVED AS TO FORM:
City AttorneyCiry Cterk
8
72664 / OOO4 I 17 67 965-l
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE:CITY OF BELL GARDENS
Mr. Phillip Wagner
City Manager
7100 Garfield Avenue
Belf Gardens, CA 9020L
Phillip Wagner, City Manager
ATTEST: APPROVEDASTO FORM:
City Clerk City Attorney
L2664/0004/ L7 67965-r
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behall respectively, as follows:
DATE:CITY OF COMMERCE
Mr. Jorge Rifa
City Administrator
2535 Commerce Way
Commerce, CA 90040
ATTEST:
f orge Rifa, City Administrator
APPROVED AS TO FORM:
City AttorneyCity Clerk
12664/0O04/r767965-7
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE:CITY OF CUDAHY
Mr. Hector Rodriguez
City Manager
5220 Santa Ana Street
Cudahy, CA 90201
ATTEST:
Hector Rodriguez, City Manager
APPROVED AS TO FORM:
City AttorneyCity Clerk
12664/0004/176796s-7
It
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE:CITY OF HUNTINGTON PARK
Mr. Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park, CA 90255
ATTEST:
Rene Bobadilla, City Manager
APPROVED AS TO FORM:
City AttorneyCity Clerk
L2664/00041 1767965-t
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE:CITY OF MAYWOOD
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
ATTEST:
Lilian Myers, City Manager
APPROVED AS TO FORM:
City Clerk City Attorney
13
L2664/0004/17 6796s-7
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
CITY OF VERNON
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
Mark Whit'worth, City Administrator
ATTEST: APPROVEDASTO FORM:
Ana Barcia Hema Patel
Deputy City Clerk City Attorney
L2664/00041 t7 67965-r
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lN WITNESS WHEREOF, the Parties hereto have caused this FIRSTAMENDMENT to
be executed on their behalfl, respectively, as follows:
LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT
Ms. Gail Farber
Chief Engineer
900 S. Fremont Avenue
Alhambra, CA 91803
GAIL FARBER, Chief Engineer
APPROVED AS TO FORM:
MARK J. SALADINO
County Counsel
Deputy
12564/0004/1767965-r
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EXHIBIT "A1"
Cost Share Formula for Preparation of the Plans
The Watershed Permittees and the LACFCDagree to pay for the cost of preparation
of a WMP and CIMP. The LACFCD will pay ten percent (10o/o) of the cost of the WMP
and CIMP. Each Watershed Permittee shall pay an equal one sevenrh (l/7th) share
of forty-five percent (45o/o) of the cost of the WMP and CIMP and each Watershed
Permittee shall pay its pro-rata share of forty-five percent (450/o) of the cost of the
WMP and CIMP at the cost sharing allocation percentage provided in Table 1.
TABLE 1
COST SHARING ALLOCATION
FOR FORTY.FIVE PERCENT OF WMP COST
Watershed
Permittee
Land Area
fmi2'l
Cost Allocation
Percentage
Bell 2.64 LL.9O
Bell Gardens 2.49 tt.22
Commerce 6.57 29.6t
Cudahy L.1.2 5.05
Huntington Park 3.03 13.55
Maywood 1.18 5.32
Vernon 5.16 23.25
t2664/0004/77 67965-r
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EXHIBIT "A2"
Cost Share Formula for Implementation of the Plans for Monitoring
TABLE 1
COST SHARING ALLOCATION
BOR 47.5Vo OF MONITORING COST
Watershed Permittee Land Area(mir)Cost Allocation Percentage
Bell 2.64 I 1.90
Bell Gardens 2.49 tr.22
Commerce 6.57 29.6t
Cudahy t.t2 5.05
Huntington Park 3.03 13.65
Maywood 1.18 5.32
Vernon 5.16 23.25
The Watershed Permittees and the LACFCD agree to pay for the cost of implementation
of a WMP and CIMP. The LACFCD will pay five percent (5Vo) of the cost of monitoring.
Each Watershed Permittee shall pay an equal one seventh (1/7th) share of forty-seven and
one half percent (47.57o) of the cost of monitoring and each Watershed Permittee shall pay
its pro-rata share of forty-seven and one half percent (47 .5Vo) of the cost monitoring at the
cost sharing allocation percentage provided in Table 1.
TABLE 2
COST SHARING ALLOCATION
FOR 457o OF WMP COST
Watershed Permittee Land Area(mij Cost Allocation Percentaqe
Bell 2.64 11.90
Bell Gardens 2.49 1r.22
Commerce 6.57 29.6t
Cudahy r.t2 5.05
Huntinston Park 3.03 13.65
Mawvood 1.18 5.32
Vernon 5. l6 23.25
The Watershed Permittees and the LACFCD agree to pay for the cost of implementation
of a WMP and CIMP. The LACFCD will pay ten percent (llVo) of the cost of
special/feasibility studies. Each Watershed Permittee shall pay an equal one seventh
OlTt\ share of forty-five percent (45Vo) of the cost of the studies and each Watershed
Permittee shall pay its pro-rata share of forty-five percent (45Vo) of the cost of the studies
at the cost sharing allocation percentage provided in Table 2.
12664/0004/176796s-r
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EXHIBIT "B"
The LACFCD agrees to pay its proportional share of costs of preparing and
implementing the Plans and other related costs to be incurred by the GWMA in accordance
with the Cost Share Formulas in Exhibit '(L!' ("Cost Share Formula for Preparation of
the Plans") and Exhibit*L2" ("Cost Share Formula for Implementation of the Plans"), for
an annual not-to-exceed amount of $100,000.
All the remaining non-LACFCD parties agree to pay their proportional share
of costs of implementing the Plans and other related costs to be incurred by the
GWMA in accordance with the Cost Share Formulas in Exhibit "A2" ("Cost Share
Formula for Implementation of the Plans"), for an annual not-to-exceed amount of
$100,000 per year per non-LACFCD party.
12664/0004/ t7 67965-t
Page 18
REGEEVED
DEC 0 1 2014
TO:
PREPARED BY:
APPROVED BY:
RE:
RECEIVED
DEC 0 t ?ottr
December 9,2014
Honorable Mayor and City Council
Rafael Contreras ect Engineer
Samuel Kevin Wilson ector of Public Worls, Water and Development
Services
CNS Engineers, Inc., Contract Amendment No. 6 for the Atlantic Blvd.
Bridge Rehabilitation and Widening Project, Contract No. CS-0099.
Recommendation
It is recommended that the City Council:
1. Find that the approval of the amendment proposed in this staff report is within the
Initial Study/\4itigated Negative Declaration prepared for this project pursuant to the
provisions under the California Environmental Quality Act (CEQA) in accordance
with Section 15063.
2. Approve Contract Amendment No. 6, in substantially the same form as submitted
herewith, for the Atlantic Blvd. Bridge Rehabilitation and Widening Project, Federal
Project No. DBPL02-5139(010), Contract No. CS-0099, authorizing CNS Engineers,
Inc., to provide the additional engineering design, right of way acquisition support
and coordination services as described below for the additional cost of $228 ,627 .58,
increasing the total contract cost to $1,485,894 .42, and authorize staff to proceed
with the right of way acquisitions for the project.
Background
The project was authorized to proceed with Preliminary Engineering (PE) by Caltrans on September 10,
2002. Following the PE authorization, the City conducted preliminary engineering studies equivalent to
30% design to define the project scope, and performed environmental technical studies in accordance with
the Caltrans-approved Preliminary Environmental Study (PES) form. The National Environmental Policy
Act (NEPA) determination of Programmatic Categorical Exclusion @CE) was granted by Caltrans on
August 2,2006. The local Califomia Environmental Quality Act (CEQA) determination of Mitigated
CITY CLERi('S OIFICE STAFF REPORT
PUBLIC WORKS, WATERAND DEYELOPMENT SERVI
Negative Declaration was filed in the State Clearinghouse (SCH) onNovember 15, 2006, and was
publically cleared on December 15,2006.
The Atlantic Blvd. Bridge over the Los Angeles River contract for this project was awarded in November
2009 to CNS Engineers, lnc., for the design of the bridge rehabilitation and right of way acquisition
support. The Atlantic Boulevard Bridge over the Los Angeles River contract will develop the plans for the
proposed widening and rehabilitation of the bridge. Widening and rehabilitating the existing bridge will
include widening of the roadway bridge approaches, modifications of traffic signals, installation of
Califomia Public Utilities Commission approved railroad grade crossings devices, and channel
modifications. Right of way activities along Atlantic Blvd. consists of either Temporary Construction
Easement or Permanent Street Easement to accommodate the widening of the bridge and roadway. The
project will also require the relocation of a billboard advertisement and conflicting utilities, including
power poles from the City's Gas and Electric Deparhnent.
As the project developed into the draft95Yo design level, some project elements require modifications in
order to streamline the project needs and permitting. The changes are as follow: Rail Crossing Safety
improvements, PUC Permitting Requirement, USACE Permitting Requirement, and Structure Safety
improvements. These additional project elements required to be updated into the environmental document
incorporated into the NEPA document. For additional details regarding the changes please see the
enclosed project description from the new PES for this project. The NEPA Re-validation of environmental
document for rehabilitation and widen the existing Atlantic Boulevard Bridge over Los Angeles River was
approved on October 24,2012.
The City submitted a formal requestto Caltrans for additional Highway Bridge Program GBP) funding on
March 27,2013, for the increase of the de sign and construction cost due to additional design features,
safety mitigations for construction at rail crossings, and USACOE Section 404 Permitting. HBP
funds were obligated on January 15,2014, and authorization for expenditures was given on August 20,
2014.
Contract Amendment Work
Contract Amendment No. 6 will extend the project design schedule which includes extending the
consultant's contract to accommodate the lengthy process of obtaining the additional Federal funds and the
extensive coordination of utility relocation, securing railroad C&M agreement and PUC construction
permit, and modification of traffic control plans to facilitate construction.
Right of way
During the final design of the project, it was determined that encroachment into the LA Junction/BNSF
Railroad, Los Angeles County Flood Control facility (Los Angeles River) and Los Angeles Departrnent of
Water and Power property, either in Temporary Construction Easement (TCE) or in Permanent Street
Easement, are required to facilitate the bridge construction. ln addition, a billboard located in parcel APN
6314-003-001 also conflicts with the proposed bridge improvements and requires acquisition for removal.
The updated impacted parcels are shown in Table RW-l and Exhibit RW-2.
Utility Relocation
The proposed bridge improvements require relocation of 15 power poles supporting an overhead power
line as shown on Exhibit U-l. The utility relocation is made necessary for the proposed bridge
construction. Coordination with the Gas and Electric Department's design consultant has determined that
the superior power pole relocation design involves partial undergounding of electrical lines and re-
designing of the alignment to the west side of the bridge. This will require alterations to the bridge design
strategy including modifications of the 95% design drawings.
Traffrc Signal & Traflic Control
It is recommended to install a queue-cutter traffic signal and replace the existing train detection system at
the northerly rail crossing and the signalized intersection at 3030 Atlantic Boulevard to eliminate potential
queued vehicles within the track zone. These newly recommend traffrc and railroad features will be
incorporated into the plans. Additionally, the traffic control plans will have to be revised to incorporate the
installation of the underground electrical facilities.
Design Cost
The City is receiving Federal funds through the Highway Bridge Program (HBP) and Congressional
appropriations for 80% of the project design cost and 83.65% of the right of way acquisition and
support cost. Federal funds require the City to provide a local match to fund the remaining portion of
the project cost.
The contract amount, including previous amendments, is $l ,257,266.8. The additional cost of
Contract Amendment No.6 is $228,627.58 and the cost share is shown below:
Right of Way Cost
The cost for obtaining the additional right of way acquisitions, in either a Temporary Construction
Easement (TCE) or in Permanent Street Easement is current estimated at approximately $980,700
which is also partially federally funded. As such, partial acquisitions on a total 9 parcels (APNs
6314-003-900,6314-003-001,6314-003-800,6314-033-901,6314-003-802,6314-033-271,6304-
010-806, 6304-007-900 and6304-007-800) and acquisition of the billboard in parcel APN 6314-003-
001 will be required to permit the proposed bridge improvements and to maintain safe operation of
the bridge and roadway facilities.
The anticipated right of way acquisition cost share is shown below:
Right of Way Acquisition Support
Reimbursement Ratio 88.53%
Rieht of Way Acquisition $980,700.00
Design Engineering
Reimbursement Ratio
80.00%
Right of Way
Acquisition Support
Reimbursement Ratio
88.53%
Total
Contract Amendment
No.6 $137.7rs.54 $90,912.04 s228.627.s8
Federal Share $110,172.43 $80.484.43 $190,656.86
City Share $27.s43.1r $10,427.61 $37,970.72
Federal Share $868,213.71
Citv Share $112,486.29
*These costs are subject to change based on actual right-of-way
appraisals and negotiations, if needed.
The anticipated total design contract cost share for the City is $291,397.79, as shown below:
Design Engineering
Reimbursement Ratio
80.00%
Right of Way
Acquisition Support
Reimbursement Ratio
80.00% &.88.53%
Total
Contract Cost $1,290,831.03 $195,063.39 $1,485,894.42
Federal Share 91,032,664.82 $161,831.80 $1.194.496.62
City Share s258,166.21 $33,231.58 9291,397.79
After deducting the balance previously paid, the remaining design contract balance cost for the City
is $96,266.76.
Contract
No. CS-0099
Total
Contract Portion
Previously Paid Unpaid Balance
Contract Cost $1,485,894.42 s994.992.00 9490,902.42
Federal Share $1,194,496.63 $799,860.97 9394,635.66
City Share $291.397.79 $195,131.03 $96,266.76
The City's cost share portions of the remaining design contract balance and the right of way
acquisitions, anticipated at $9 6,266.7 6 and $ I 12,486.29 respective ly.
Fiscal Impact
The approval of this amendment is for an additional $228,627.58 in design consultant fees of which
80% is covered by grand funds. The City's share is $37,970.72, which were budgeted.
Additional Attachments:
Preliminary Environmental Investigation - Proj ect Description
Table RW-l
Exhibit RW-2
Exhibit U-1
Engineers;Civil and Structural Engineers
10370 Hemet Street, Suite 230, Riverside, CA 92503
Phone: (951) 687-1005 / Fax: (951) 667-3387 / Web: www.cnseng.com
November 26,2014
Mr. Samuel Kevin Wilson, P.E.
Director of Community Services
City of Vernon
4305 Santa Fe Avenue
Vemon, CA 90058
Subject: Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River
Request for Contract Amendment No. 6
Dear Mr. Wilson:
To facilitate the project development, we request a contract amendment for the following
changes:
l. Design schedule:
Our contract expires on September 28,2012. The project in draft 95% design level is
pending for final strategy of power utility relocation. We request extending the design
schedule from September 28, 2012 to August 30,2016. Additional time is needed to
mitigate the design schedule for relocation of the power overhead along the east side of
Atlantic Boulevard, and Caltrans' authorization for utility relocation.
2. Update the design:
a. The original design was to relocate the power overhead further east in the Los
Angeles River. However the City has determined to relocate the power overhead to
the west side of the bridge. The alteration of the design strategy requires design
modifications of the 95o/o contract plans.
b. The bridge plans and geotechnical report based on Caltrans 2006 design standards are
to be updated to reflect the latest 2010 design standards.
3. Prepare new traffic control plans for the installation of underground electrical facilities.
4. Permits
a. The 401 and 1600 Permits will expire in2016. We will explore extending the permit
terms.
b. The 404 Permit was withdrawn by USACE. We will coordinate and resubmit the
permit application.
5. Escalation Cost:
The PS&E is expected to be completed by December 2015. Therefore, the original
remaining cost for PS&E needs escalation.
6. Preparation of new easement maps and legal description for the following APN's for
power utility relocation:
a. LACFCD - APN 6304-007-900 and APN 6314-033-901
Atlantic Blvd. Bridge over the Los Angeles River Page I I
b. LA Junction Railway (BNSF) - APN 63044-007-800
c. LA City DWP: APN 6304-007-274 and 6314-033-271
d. FedEx National: APN 6304-003-01 & 02
e. Magellan Atlantic LLC: APN 6314-033-001
Update and Complete the following Railroad-Related Design Elements:
a. PUC GO88 Application
b. Railroad Construction & Maintenance (C&M) Agreement
c. Street and Railroad Signals, Warning Devices and Ancillary Equipment.
Cost adjustment for right-of-way appraisal and acquisition services for the updated
impacted parcels as follow:
a. LACFCD: 6304-007-900, 63 14-033-901
b. LA City DWP: 6314-033-271,6314-033-274
c. Krystal Enterprises LLC: 6314-003-001
d. City of Vernon: 6314-003-900
e. LA Junction Railway (BNSF): 6304-010-806, 6314-003-800
f. LA Junction Railway (BNSF): 6314-033-802, 6304-007-800
g. FedEx National: APN 6304-003-01 & 02
h. Magellan Atlantic LLC: APN 6314-033-001
Cost and scope for bidding and construction supports are deleted at this time due to
uncertain date to start the construction.
10. CNS will take the lead to assemble the power pole relocation and the bridge design into
one bidding package.
We respectfully request amending our contract amount as follows:
7.
8.
9.
Current Amended Contract Amount:
Proposed New Amendment:
$1,257,266.84
$229,260.60
Total Proposed Amended Contract Amount: $1,486,527.44
We look forward to receiving City's approval for this contract amendment. Should you have any
questions about this proposal, please feel free to contact me at (951) 687-1005 ext.104 or by e-
mail at iames.lu@cnsens.com.
Sincerely,
---?e-4
James Lu, P.E., S.E.
Project Manager / Principal
CNS Engineers, fnc.
Attachment: Cost proposal backup details
Atlantic Blvd. Bridge over the Los Angeles River Page 12
Local Assistance Procedures Manual Exhibit 6-A
Preliminary Environmental Study (PES) Form
Preliminary Environmental Investigation
Notes to Support the Conclusions of the PES Form
(May Also Include Continuation of Detailed Project Description)
A. Project Need
The roadway width along Atlantic Blvd. across the Los Angeles River is far below current safety standards
with narrow lanes and no shoulders. The bridge is considered Functionally Obsolete and is on the FHWA
Eligible Bridge List for Highway Bridge Program funding due to the poor roadway width configuration. In
addition, the southbound Atlantic Blvd. right turn lane onto District Blvd. is shorter than required to handle the
existing traffic volumes. Implementation of the proposed project would improve safety and operational
functions along Atlantic Boulevard.
B. Project Description
The project is to rehabilitate and widen the existing Atlantic Boulevard Bridge over the Los Angeles River
(State Bridge No. 53C0252) in City of Vernon. The project was authorized to proceed with Preliminary
Engineering (PE) on September 10,2002. Following the PE authorization, the City conducted preliminary
engineering studies equivalent to 30oh design to define the project scope, and performed environmental
technical studies in accordance with the Caltrans-approved Preliminary Environmental Study (PES) form. The
environmental NEPA determination of Programmatic Categorical Exclusion (PCE) was granted by Caltrans on
August 2,2006. The local CEQA determination of Mitigated Negative Declaration was filed in the State
Clearinghouse (SCH) on November 15,2006 and was publically cleared on December 15, 2006.
The original proposed bridge improvements are outlined below:
1. Widening the existing bridge on both sides from a curb-to-curb roadway width of 60 feet to a width
varying from 93 feet at the southerly bridge abutment to 88 feet at the northerly bridge abutment. The
widened bridge deck will consist of six (6) 1l-foot through lanes, an 1l-foot southbound right tum
lane, two (2) 4-foot shoulders, a median tapering from I l-foot at the DistricVAtlantic intersection to 3
feet at the northerly rail crossing, and two (2) 5-foot sidewalks.
2. Adding six (6) debris walls in the channel upstream of the bridge.
3. Construction of the pier widening and debris walls will include installation of concrete piles in the
riverbed.
4. The Atlantic Blvd. south of District Blvd. will be widened to the east to provide roadway approach
transition to match the widened bridge.
C. Modified or Added Project Elements
During the course of the final design development, some project elements require modifications in order to
streamline the project needs and permitting. The modified or added project elements are described in the
below. Photos showing the existing conditions, color rendered photos illustrating the existing and the proposed
conditions, and an exhibit identifying the modified or added project elements are in Affachment E.
Rail Crossing Safety Improvement - PUC Permitting Requirement
l. Adding gates at the northerlv rail crossing: The existing bridge is sandwiched by two at-grade rail
crossings, one at each end of the bridge. Each crossing is currently equipped with two single mast-
mounted flashing light warning signals.
Page 79
May 30, 2008LPP 08-02
-:
Exhibit 6-,4'
Preliminary Environmental Study (PES) Form
Local Assistance Procedures Manual
2.
Based on the coordination with Public Utility Commission (PUC) and BNSF Railroad, and the
results of the traffic queue video surveys and studies, it was determined that gates at the northerly
rail crossing are required to meet PUC safety standards and to ease the PUC railroad construction
permit. In addition, new flashing light warning sigrrals will be installed and the existing at-grade
crossing panels and rails will be replaced. The gates, warning signals, crossing panels, and the rails
will be installed by the railroad forces and will be on BNSF's own cost.
side: The original proposed deck geometrics consist of a center median tapering from l1 feet at the
District/Atlantic intersection to 3 feet at the northerly rail crossing. To provide adequate space in the
center median to house the proposed gates at the northerly rail crossing as described above, it is
proposed to extend the I l-foot center median continuously over the northerly rail crossing. The
proposed improvement necessitates a constant bridge width instead of tapering the bridge on the east
side as originally proposed. As such, the bridge width will be further widened on the east side for
approximately 2 feet at the southerly bridge abutment and 8 feet at the northerly bridge abutment.
The proposed improvement does not change the original traffic lane configuration which includes
six (6) 1 l-foot through lanes, one (l) I l-foot southbound right turn lane, and two (2) 4-foot
shoulders.
warnins sisrrals at the northerly rail crossing: The flashing light warning signals at the northerly rail
crossing are interconnected to a "Style C" train detection system. The rail approach limits extend
606 feet to the west and 690 feet to the east. Whenever a train encroaches into these limits, the
crossing warning system is activated and the waming lights flash at the crossing. Even when a train
is stopped within these approach limits, the crossing warning system will be activated and will
remain activated until the train leaves the approach limits.
Currently, there are train switching movements on the west side of the crossing. During many of
these switching movements, the train never crosses the crossing. Such an event is referred to as an
unnecessary crossing activation. Several such unnecessary activations have been observed and
documented to occur on a daily frequency due to switching operations. Because there are no gates at
the existing crossing, many motorists elect to proceed across the track if the train is not imminent.
Although it is consistent with the California Vehicle Code for a flashing red signal (i.e. stop and
proceed when clear/safe), crossing an activated rail warning signal poses a major safety concern to
the operation of the roadway and the rail track.
The unnecessary activation will further result in roadway safety and operational problems when
BNSF Railroad installs new gates to meet the PUC safety requirements. When the gates are
frequently lowered due to unnecessary activations, the traffic flow with a heavy Average Daily
Traffic (ADT) volume of approximately 60,000 on the Atlantic Boulevard will be jeopardized. In
addition, because some of the unnecessary activations last for several minutes, the concern is that
motorists may become impatient and elect to drive around the gates or perform some other sort of
unsafe evasive maneuver.
To eliminate the roadway safety and operational problems elaborated above, it is proposed to replace
the existing "Style C" train detection system with Constant Warning Time (CTW) train detection
system. CWT system calculates the rate of change of shunt of an approaching train and provides a
relatively consistent amount of warning time before the train reaches the crossing regardless of train
speed. As such, trains that are moving relatively slow in the approach limits or are stopped within
the approach limits will not activate, or will less frequently/lower duration activate, the crossing
warning system. As such, the frequency and duration of unnecessary activations would be
significantly reduced.
5.
Page 80
May 30, 2008 LPP 08-02
Local Assistarce Procedures Manual Exhibit 6-A
Preliminary Environmental Study (PES) Form
4. Adding a queue-cutter traffic sisnal at the northerly rail crossing: A rail crossing intersects Atlantic
Boulevard at approximately 20 feet north of the northerly bridge abutment. Traffic movements and
queuing at the rail crossing in the northbound direction are highly influenced by its close proximity
to the InterstateTl0 (I-710) freeway interchange. A traffic signal located at the entrance ofthe
property at 3030 Atlantic Boulevard, approximately 250 feet north of the rail crossing also
complicates the traffic movements.
The segment of the Atlantic Boulevard at the project site is experiencing heavy traffrc volumes of
approximately 60,000 vehicles per day with more than l8% of traffic volume in trucks. The queue
video surveys and the traffic study indicate there is queuing problem in the northbound direction at
the northerly rail crossing, especially during the AM and PM peak hours. When the train approaches
the rail crossing and activates the warning signal, queued vehicles, especially trucks, were frequently
observed unable to clear the track zone due to the congested traffic at the downstream nearby I-710
Interchange and the short storage length between the rail crossing and the signalized intersection at
3030 Atlantic Boulevard. The queuing problem will become a major safety concem when BNSF
Railroad installs gates at the crossing.
It is recommended to install a queue-cutter traffic signal between the northerly rail crossing and the
signalized intersection at 3030 Atlantic Boulevard to eliminate potential queued vehicles within the
track zone.
USACE Permitting Requirement
5. Reconstruction of hydraulic training retaining walls: The proposed bridge widening on the west side
of the existing bridge will impact the existing hydraulic training retaining walls at the northwest and
southwest quadrant of the bridge. The training walls are proposed to be replaced and slightly
realigred to provide smooth hydraulic transition to the widened bridge abutments.
Structure Safety Improvement
6.
surface: The existing unique arch spandrel slab is filled with soils topped with AC pavement. The
AC pavement has been severely deteriorated. The deteriorated and broken pavement on the bridge
surface will allow the deck runoff (water) to seep through the deck and saturate the earth fiIl, which
not only increases the dead weight and reduces the live load carrying capacity of the bridge slab but
also corrodes the concrete arch slab. As such, it is recommended to replace the AC pavement with a
concrete pavement. The proposed improvement will enhance the structural integrity, extend the
service life of the existing structure, and improve the roadway rideability.
Page 81
May 30,2008LPP 08-02
City of Vernon
Right of Way
Table RW-1
Street Easement = SE
Temporary Construction Easements = TCE
Power Overhead Easement = POE
Underground LJtility Easement = UUE
Federal ID No. DBPL02-5139(010)
Eden Poect String No. 103001
Eden Contract No. CS-0099
Corrected APN Previous APN Address/Location Owner Type of
Encroachments
Acres
(rcE)
sqft
(rcE)
Acres
(sE)
sqft
(sE)
6314-003-900 6314-003-3007 5119 District Blvd.
Vernon CA 90058 City of Vernon SE (partial acquisition)
and TCE
0 0 0.107 4663
6314-003-001 5314-003-3001 5122 5 Atlantic Blvd.
Vernon CA 90058 Krystal Enterpris€s LLC.
SE (partial acquisition),
TCE and possible PoE 0.037 1595 0.020 884
6314-003-800 Southeast of bridge
LA Junction/BNsF Railway
SE, TCE, & POE 0.300 13068 0.010 41,4
6314-033-802 Northeast of bridge SE, TCE, & POE o 172 7493 0.018 801
6304-010-806 Southwest of bridge TCE 0.107 4660 0.000 0
5304-007-802 Northwest of bridge TCE 0.138 6011 0.000 0
6304-007-900 West of bridge
Los Angeles County Flood
Control District
SE and TCE TBD TBD 0.058 2508
6304-033-901 East of bridge SE, TCE and POE TBD TBD 0.132 5745
6314.033-27 |
630/l-007-274
Northeast of bridge Los Angeles Department of
Water and Power SE, TCE and POE
Power OH Easement
0.341 14854 0.010 446
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RECEIVED
DEC 0 12014
CITY ()LERKS OIFICE
REGEflVlEe'
Nov 2 5 UGii
CITY ADMINISTRATION
STAFF REPORT
DEPARTMENT OF PUBLIC WORKS, WATER AND
DEVELOPMENT SERVICES
DATE:
TO:
PREPARED BY:
APPROVED BY:
RE:
December 912014
Honorable Mayor and City Council
Scott B. Rigg, Public Works & Water Superintendent XL
t)
Samuel Kevin Wilsonfrirector of Public Works, Water and
Development Services
Ratify the Issuance of a Notice Inviting Bids for Contract CS-0522 -
to Furnish and install one new 300KW Cummins Diesel Power
Generator
Recommendation
It is recommended that the City Council:
l. Find that the ratification of the issuance of a Notice Inviting Bids, as proposed in this staff report, is
exempt under the Califomia Environmental Quality Act (CEQA) in accordance with Section 15302 (C),
because the proposed contract consists of the replacement or reconstruction of existing utility systems
and/or facilities involving negligible or no expansion of capacity; and
2. Ratify the issuance of a Notice Inviting Bids for Contract CS-0522 to furnish and install one new
300KW Cummins Diesel Power Generator, a copy which is attached hereto.
Backqround
The City of Vemon (City) was issued a Notice of Violation (NOV) from the South Coast Air
Quality Management District (SCAQMD) on December 19, 2013, for operating a diesel-fueled
emergency internal combustion engine greater than 50 brake-horse-power for non-emergency use within
one-hundred meters or 328-feet from Vernon City Elementary School. The City staff operated the
generator for non-emergency purposes when school was in session unaware that the regulation
prohibiting this practice changed, effective December 21, 20cl6. Despite annual inspections of the
generator by SCAQMD, the City was never informed of the new regulation. Consequently, the
SCAQMD directed the City to prepare, and have approved by the SCAQMD, a compliance schedule to
install a generator that meets provisions of Rule No. 1470. The compliance schedule was subsequently
approved by the SCAQMD.
On October 29, 2014, the SCAQMD's held a hearing to consider a Petition for an Order of
Abatement. The City was represented by City Attorney, Hema Patel, and the Director of Public Works,
Water and Development Services, Kevin Wilson. The Hearing Board ordered the City to cease and desist
from violating Rule No. 1470, or in alternative, comply with the following conditions and increments of
progress:
1. On or before October 31,2014, Respondent shall submit a permit application, including fees necessary
to expedite permit processing, for the replacement generator.
2. Respondent shall not operate the existing Allis-Chalmers generator when Vernon City Elementary
School is in session, except for emergency purposes.
3. Respondent shall keep records of all operation of the existing Allis-Chalmers engine, including the
time date and duration of operation, and make such records available to the SCAQMD upon request.
4. On or before December 2, 2014, the Vernon City Council shall approve the issuance of a Notice
Inviting Bids for the purchase of the rule-compliant generator.
5. On or before January 20,2015, the Vernon City Council shall award a bid to a Contractor which will
provide the replacement generator.
6. Within 12 weeks of having the bid approved, estimated to be March 17 ,2015, Respondent shall receive
replacement generator.
7. Within four weeks of receiving delivery of the replacement generator, estimated to be April 14,2015,
Respondent shall complete installation of the replacement generator.
8. If Respondent anticipates that installation of the replacement generator will not be completed in
accordance with the compliance schedule, Respondent shall seek to modifu and extend the Order.
9. The Hearing Board may modify the Order for Abatement without the stipulation of the parties upon
showing of good cause therefore, and upon making the findings requirement by Health and Safety Code
Section a2451(c) and District Rule (a). Any modification of the Order any modification of the Order shall
be made only at a public hearing held upon l0 days published notice and appropriate written notice to
Respondent.
10. Unless terminated earlier, the Hearing Board shall retain jurisdiction over this matter until June 30,
2015 at which time this Order for Abatement, if not properly extended, shall expire.
1 l. This Order for Abatement does not act as a variance, and Respondent is subject to all rules and
regulations of the District, and with all applicable provisions of California law.
Moreover, since the City is under a compliance schedule requirement to issue the Notice Inviting
Bids, effective December 2, 2014; City staff issued the Notice lnviting Bids on November 24, 2014, to
avoid a possible violation and is now seeking the City Council's ratification. Staff originally intended to
seek City Council approval to issue Notice lnviting Bids on the December 2, 2014; however, the
December 2,2014 City Council meeting was canceled.
Fiscal Impact
The cost to fumish and install the generator will range from $175,000 to $266,000. The
Department has budgeted funds in the fiscal year 2014-2015 budget for this service.
BID FORM
AND
PROJECT SPECIFICATIONS
TO FURNISH AND INSTALL ONE NEW 3OOI(W
CUMMINS DIESEL POWER GENERATOR
IN THE CITY OF
VERNON, CALIFORNIA
Contract No. CS-0522
Bid Opening Date: January 5, 2015
Estimated Construction Start Date: January 20, 2015
CITY OF VERNON
DEPARTMENT OF PUBUC WORKS, WATER AND DEVELOPMENT SERVICES
4305 SANTA FE AVENUE
VERNON, CA 90058
(323) s83-8811
i
NOTICE INVTTING BIDS
TO
FURNISH AND INSTALL ONE NEW 3OOKW CUMMINS DIESEL POWER GENERATOR
FORTHE
City of Vernon, California
Sealed bids will be received at or prior to 2:0O p.m., Janudty 6,2015, by the City Clerk of Vernon, 4305
Santa Fe Avenue, Vernon, CA 90058, to FURNISH AND INSTALL ONE NEW 300KW CUMMINS DIESEL
GENERATOR in the City of Vernon, C-alifornia.
Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice Inviting
Bids. Bids must be received in the City Clerk's Office before that time. NO LATE BIDS WILL BE
ACCEPTED.
Copies of the Plans and Specifications are available at no charge at the Department of Public Works, Water and
Development Services Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between the hours of 7 a.m.
and 5:30 p.m. Monday through Thursday. A non-refundable fee of $20.00 will be charged if mailing is requested
by calling (323) s83-8811.
A pre-bid meeting is scheduled for December L6,20L4 at 10:00 a.m. in the Department of Public Work, Water
and Development Seruices Conference Room, 4305 Santa Fe Avenue, Vernon, California. This meeting is to
answer any questions regarding the project plans and specifications.
Attendance is mandatory.
Each bidder must hold an active State of California Class B license or C-10 license.
All bids must be accompanied by bids security in the amount of ten percent (10olo) of the bid prices, in the form
of cash, cashier's check, money order, or surety bond.
Refer to the Specifications of complete details and bid requirements. Specifications and this notice shall be
considered a part of any contract made pursuant thereto.
Dated:
Mark Whitwofth
City Administrator
(Authorized by City Attorney's Office)
Published:
cs-0484
NIB.3
BIDDER'S PROPOSAL
TO
TO FURNISH AND INSTALL ONE NEW 3OOKW CUMMINS DIESEL
POWER GENERATOR
in the City of Vernon, California
Bid Opening: 2:00 p.m., January 6, 2015, 4305 Santa Fe Avenue, City Clerk's Office, Vernon
To the Honorable Cify Council
of the City of Vernon, California
In response to the Notice Inviting Bids to Furnish and Install One new 300KW Cummins Diesel Power Generator
the undersigned bidder proposes to the City of Vernon all labor, materials, methods and processes, tools
implements and machinery which are necessary and required for the performance of the work mentioned in said
Notice Inviting Bids in accordance with the Specifications therein referred to at the prices listed on pages BP-2
thru BP-4.
Each bidder must bid on the items shown in the Bidder's Proposal. If any bidder makes any
alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature
of the bidder is incomplete, the bid will be considered informal and may be rejected.
The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended
and the California Use Tax Act of 1935.
In case of a discrepancy between the unit prices and items totals, the unit prices shall prevail, and in the case of
a discrepancy between item totals and the grand total, the item totals shall prevail. The grand total will be
subject to adjustment by the City in the event of a discrepancy. The contract award shall be made on the basis
of the grand total as described about from among responsive and responsible bidders.
Based on the bids received and the Cityt budget at the time of the contract award, the City reserves the right
to delete items and/or change quantities of bid items.
BP-1
cs-0484
BIDDER'S PROPOSAL
TO
TO FURNISH AND INSTALL ONE NEW 3OOI(W CUMMINS DIESEL
POWER GENERATOR
NOTE: ALL BID TTEMS REFER TO THE SCOPE OF WORK AND TECHNICAL SPECIFICANONS. THE LOWEST BIDDER
SHALL BE DETERMINED BASED UPON THE PRTCE QUOTED ON THIS FORM FOR THE LOWER COST OF
ALTERNATIVES 1 OR 2. THE GMND TOTAL COST SHALL REFECT EITHER ALTERNATIVE NO. 1 OR 2; WHICHEVER
IS LOWER. THE QUOTED PRICE SHALL ENCOMPASSTHE ENTIRE COSTOFTHE PROJECTINCLUDING GENEMTOR,
ELECTRICALWIRES,INSTALI.ATION OFATEMPOMRY STANDBY GENEMTOR, AND REMOVALAND DISPOSALOF
THE EXTSTTNG KOHLER GENSET (ALTERNAIVES 1 & 2).
TOTAL $
(Also, enter Total at top of page BP-3)
BP-2
ITEM NO.ITEM TOTAL PRICE
I
ALTERNATIVE NO. 1
FURNISH AND INSTALL ONE NEW 3OOKW DIESEL
POWER GENERATOR AND RELATED EQUIPMENT IN
THE BASEMENT OF CITY HALL. REMOVE EXISTING
GENERATOR FROM THE BASEMENT LOCATION.
COMPLETE IN PLACE AT A LUMP SUM PRICE.
2
ALTERNATTVE NO.2
FURNISH AND INSTALL ONE NEW 3OOKW DIESEL
POWER GENERATOR, DOUBLE WALLED FUEL TANK
AND RELATED EQUIPMENT IN CITY YARD. INSTALL
GENERATOR AND FUEL TANK ON CONCRETE
FOUNDATION. REMOVE EXISTING GENERATOR.
COMPLETE TN PLACE AT A LUMP SUM PRICE.
LOWER PRICE OF ALTERNATTVE 1 OR 2 . GRAND
TOTAL PRICE $
cs-0484
s
$
GRAND TOTAL $
The undersigned Bidder agrees to commence work within fifteen (15) calendar days from the date issuance of a
Notice to Proceed and proposes and agrees to have all work completed within [insert contract length] of the
contract time commences.
The undersigned Bidder acknowledges receipt of the following addenda issued for the above project. If no
addenda have been received, write "none". FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED
WILL RENDER THE CONTACTOR'S BID NON-RESPONSIVE.
List of addenda Received:
PLEASE SEE PART I SECTION 2.01.3 REOUIRED FORMS.
Bidder shall execute the following (Appendix "AJ:
Page
1, Identity Confirmation BP-(a)
2. Subcontractor Listing/Shoring Design BP-(b)
3. Affidavit of Non-Collusion BP-(c)
4. Living Wage Compliance Certification BP-(d)
5. Vendor List Questionnaire & Equal Opportunity Employment & Non-Segregation M FORMS
employee of the Citv of Vernon.
Bidder's Proposal
Respectfu lly Su bm itted,
(If a Bidder is a corporation,
its seal must be impressed hereon)
California State Contractor's License No.
Authorized Signatory
California Corporation No.
by
cs-0484
BP.3
PART I - INSTRUCTIONS TO BIDDERS
I.I GENERAL INSTRUCTIONS
l-1.01 General Bid Requirements
To be considered, a Bidder must follow the format for bids in the Specifications. Bids must be binding and firm. Any
bid may be withdrawn before bid opening, but not for 90 days after opening.
l-1.02 Bidder's Guarantee
Bid security in the amount of ten percent (l0o/o) of the bid price, in the form of cash, cashier's check, money order
or surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded
shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required
bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the
defaulting Bidder.
l-1.03 Bidder Must Make Thorough lnvestigation
It is the Bidder's responsibility to examine the location of the proposed work, to fully acquaint itself with the
Specifications and the nature of the work to be done. BiddeB shall have no claim against the City based upon
ignorance ofthe nature and requirements ofthe project, misapprehension of site conditions, or misunderstanding of
the Specifications or contract provisions.
!-1.04 Acceptance of Conditions
By submitting a bid, each Bidder expressly agrees to and accepts the following conditions:
I-1.04.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract behveen the
selected Bidder and the City.
I-1.04.2 The City may require whatever evidence is deemed necessary relative to the Bidder's financial stability and
ability to complete this project.
I-1.04.3 The City resenr'es the right to request further information from the Bidder, either in writing or orally, to
establish any stated qualifications.
I-1.04.4 The City reserves the right to solely judge the Bidder's representations, and to solely determine whether the
Bidder is qualified to undertake the project pursuant to the criteria set forth herein. The Bidder by submitting a bid,
expressly acknowledges and agrees that the judgment of the City as to whether or not the Bidder is qualified to
perform the project, shall be final, binding and conclusive.
I-1.04.5 The City reserves the right to reject all bids, waive any irregularity in any of the bids, orcancel or delay the
project at any time.
I-1.04.6 This bidding process does not commit the City to award any contract, and the City is not liable for any costs
incurred by the Bidder in the preparation and submission of a bid,
l-1.05 Truth and Accuracy of Representation
False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a
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BEV 103113
&dder.
l-1.06 City Changes to the Bid Documents
The City reserves the right to change any part of these Instructions to Bidders and Specifications any time prior
to the bid opening. Any changes shall be in the form of addenda, and will become a part of the bid documents
and of the contract. Addenda shall be made available to each Bidder. A Bidder's failure to address the
requirements of the addenda may result in the bid not being considered. If the City determines that a time
extension is required for the submission of the bid, the addenda will give the new bid opening date,
l-1.07 Notice Regarding Disclosure of Contents of Document
All bids accepted by the City shall become the exclusive property of the City. Upon opening, all bids accepted by the
City shall become a matter of public record and shall be regarded as public, with the exception of those elements of
each bid which are identified by the Bidder as business or trade secrets and plainly marked as "trade secret,"
"confidential," or "proprietary." Each element of a bid which a Bidder desires not to be considered a public record
must be clearly marked as set forth above, and any blanket statement (i.e., regarding entire pages, documents, or
other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever, If
disclosure is required under the California Public Records Act or otherwise by law (despite the Bidder's request for
confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part
thereof.
l-1.08 Award of Bid and Determination of Responsiveness
The contract shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is
responsive and responsible, the following shall be considered.
I-1.08.1 The quality of the material offered;
I-1.08.2 The ability, capacity and skill ofthe Bidder to perform the contract or provide the material or services;
I-1.08.3 Whether the Bidder can perform the contract or provide the service promptly, or within the time specified,
without delay or interference;
I-1.08.4 The sufficiency of the Bidder's financial resources and the effect thereof on their ability to pedorm the
contract or provide the material or services;
I-1.08,5 The character, integrity, reputation, judgment, experience and efficiency of the Bidder;
I-1.08.6 The quality and timeliness of the Biddert pedormance on previous purchase orders or contracts for the
City;
I-1.08.7 Litigation by the Bidder on previous purchase orders or contracts with the City;
I-1.08.8 The ability of the Bidder to provide future maintenance and service where such maintenance and service is
essential.
l-1.09 lneligibility to Contract
Pucuant to Sections u77.1 and 7777.7 of the California Labor Code, any Contractor that has been found by the
State Labor Commissioner to be in violation of the Labor Code Section entitled "Public Works" shall be ineligible
to bid on or be awarded a contract for this project. The period of debarment shall be not less than one year
PART I - PW
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REV. 103113
and up to three years as determined pursuant to S*Iion L777.7 of the Labor Code. In submitting its bid, the .
Bidder certifies that it is aware of these provisions and is eligible to bid on this contract.
The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to S*ion 1777.7 ot 7777.7 of the Labor Code. In
submitting its bid, the Bidder certifies that it has investigated the eligibility ofeach and every subcontractor it intends
to use on this project and has determined that none is ineligible to perform work pursuant to the above provisions of
law.
l-1.10 Errors and Omissions
Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or
Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention
of the City. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this
Contract.
l-1.11 Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees
Each Bidder shall include in the price bid any patent fees, royalties and charges on any patented article or process to
be furnished or used in the prosecution of the Work.
l-1.12 Taxes
Price bid shall include all federal, state, local, and other taxes.
1-1.13 Local Bidders; Refund of Sales and Use Tax
For the purpose of determining the lowest Bidder on a contract for materials and supplies only, 1olo of that portion of
the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such Bidder were
awarded the contract, the City would receive a refund of the 1olo.
I-2 SPECIAL CITY REQUIREMENTS
NOTICE
THERE IS AN APPENDIX "A'OF FORMS IN THESE SPECIFICANONS WHICH A BIDDER MUST COMPLETE TO
ESTABUSH COMPUANCE WITH A NUMBER OF SPECIAL CITY OF VERNON REQUIREMENTS, INCLUDING, BUT NOT
LIMMD TO, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIDAVIT OF NON-COLLUSION. THESE FORMS AND
THEIR INSTRUCTIONS SHOULD BE CONSIDERED AN INTEGRAL PART OF THE SPECIFICANONS AND FAILURE TO
COMPLETE THEM MAY BE GROUNDS, IN THE SOLE DISCRETION OF THE CITY, FOR RUECNON OF ANY BIDDER.
l-2.01 Equal Employment Opportunity in Contracting
l-2.01.1 Policy
The City of Vernon is committed to a policy of Equal Opportunity Contracting. Qualified firms including small
businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or
proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal
Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this
contract.
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REV. 103113
1.2.01.2 Compliance
j To the e*ent permitted by law, the Contractor expressly agrees to establish compliance with the Equal Employment
Oppoftunity Practices Provisions of federal and state law.
l-2.01.3 Required Forms
No contract shall be awarded until the Bidder has submitted to the City or has on file with the City a
nondiscrimination certification acceptable to the City.
l-2.02 Affidavit of Non-Collusion by Bidder
The City requires that each Bidder execute and submit to the City with their Bid, the Affidavit of Non-Collusion
included in Appendix "A."
l-2.03 Vernon Living Wage Ordinance
This contract is subject to the Vernon Living Wage Ordinance. The selected consultant shall pay qualifling
employees a wage of not less than $10.30 per hour with health benefits, or $11.55 per hourwithout health benefib.
The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or
personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a
prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's
compliance with the living wage ordinance. Contractor, and any Subcontractor(s), shall comply with the CiVs Living
Wage Ordinance. The current Living Wage Standards are set forth in Exhibit "D" of the City's Sample Contract.
Upon the City's request, certified payroll records shall promptly be provided to the City. The provisions of California
Labor Code U70, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply
to all City contracts, If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract,
Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law.
l-2.04 Stormwater Management and Discharge Control
In addition to complying with all applicable federal, state and local laws and regulations, the Contractor shall take
note of the Stormwater Management and Discharge Control Ordinance, also known as NPDES Requirements, as a
material part of the work under this Contract.
l2.O4.L NPDES Requirements
In addition, the Contractor shall adhere to NPDES (National Pollution Discharge Elimination System) Best
Management Practices to prevent deleterious materials or pollutants from entering the City or county storm drain
systems, including, but not limited to implementing the Best Management Practices specified below, and the
Contractor shall comply with all directions of the City in this regard during construction:
The following shall be implemented:
1. Handle, store, and dispose of materials properly.
2. Avoid excavation and grading activities during wet weather.
3. Construct diversion dikes and drainage swales around working sites.
4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.
5. Develop and implement erosion control plans (if applicable).
5. Check and repair leaking equipment away from construction sites.
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REV 103113
7. Designate a location away from storm drains for refueling.
8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter.
9. Use vacuum with all concrete sawing operations.
10. Never wash excess material from aggregate, concrete, or equipment onto a street,
11. Catch drips from paving equipment with drip pans or absorbent material.
12. Clean up all spills using dry methods.
r-3 GENERAL SPECIFICATIONS
l-3.01 Bid Proposal Quantities
The quantities contained in the bid documents are approximate only, and are for the sole purpose of comparing
bids. The Cify may, in accordance with the Standard Specifications, order more or less work or material as
necessary in the City's sole discretion. Payment will be made for the amount of work or material actually provided
as determined by the City and accepted at the unit or lump sum prices noted in the bid, where applicable, and those
prices shall govern.
t-3.02 Registration and Qualifications of Contractors
Before submitting bids, Contractors shall be licensed in accordance with the Business and Professions Code Section
7000 et. seq. and each Contractor shall insert his license number on the Bidder's Proposal.
In submitting this bid, the Bidder warrants that it has work experience comparable to that which is to be performed.
Prior to award of a contract, the City may request of any Bidder, a statement setting forth their work experience ofa
nature comparable with that which is to be pedormed. Such statement shall describe the work performed over the
period ofthree (3) years nelt preceding the date of said statement, and shall give the owner, location, and contract
price, together with the dates of beginning and completion of such work. This statement of experience shall be
submitted within seven (7) calendar days after the Cify's notification to so submit. Failure to submit an adequate
statement can result in rejection of the bid as non-responsive.
l-3.03 Standard Specifications
In connection with contracts related to the subject "Bidder's Proposal," and except as otherwise provided below, all
work shall be done in accordance with the provisions of the 2012 edition of "STANDARD SPECIFICATIONS FOR
PUBUC WORKS CONSTRUCilON" (commonly known as the "GREENBOOK"), Detailed Technical Specifications
including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation.
l-3.04 Subcontracts
In addition to the information to be listed by the Bidder with the bid pursuant to Section 2-3, entitled "Subcontracts,"
of the Standard Specifications, the Bidder shall provide for each subcontractor listed a brief description of the work
to be subcontracted (see Page BP{b) of the Bidder's Proposal). After bids have been received, no substitution of
subcontractors in place of those listed in the bid or addition of subcontractors for work in excess of one-half of one
percent of the total bid price will be permitted without the written consent of the City Engineer. The sole grounds
for said consent shall be the exceptions listed in Chapter 4 of the Public Contract Code.
Pursuant to California Labor Code 51021.5, the Contractor must not willingly and knowingly enter into any
agreement with any person, as an independent contractor, to provide any services in connection with the Work
where the services provided or to be provided requires that such person hold a valid contractor's license issued
pursuant to California Business and Professions Code 557000 et seq. and such person does not meet the burden of
proof of his/her independent contractor status pursuant to California Labor Code 92750.5. In the event that the
PART I - PW REV 103113
Contractor shall employ any person in violation of the foregoing, the Contractor shall be subject to the civil penalties
under California Labor Code 51021.5 and any other penalty provided by law. In addition to the penalties provided
under California Labor Code 51021.5, the Contractor's violation of this Paragraph or the provisions of California Labor
Code 51021.5 shall be deemed an event of the Contractor's default. The Contractor must require any Subcontractor
of any tier performing or providing any portion of the Work to adhere to and comply with the foregoing provisions.
Pursuant to the provisions of Labor Code Section L777.7, theLabor Commissioner publishes and distributes a list of
contractors ineligible to perform work as a subcontractor on a public work project. This list ofdebarred contractors
is available from the Department of Industrial Relations website at: http://www.dir.ca.gov/dlse/debar.html. The
Contractor must not employ, hire, use or subcontract with any of the listed debarred contractors.
l-3.05 Non-Discrimination
In the pedormance of this Contract, the Contractor must not discriminate against any employee, subcontractor, or
applicant for employment because of race, religious creed, color, national origin, ancestry physical disability, mental
disability, medical condition, marital status, sex, age, or sexual orientation of any person, to refuse to hire or employ
the person or to refuse to select the pe6on for a training program leading to employment, or to bar or to discharge
the person from employment or from a training program leading to employment, or to discriminate against the
person in compensation or in terms, conditions, or privileges of employment. Violations may also result in the
imposition of penalties referred to in Labor Code $ 1735.
l-3.06 Protection of Existing Facilities
Except where otherwise provided for, the repair or replacement of existing improvements that are damaged, injured,
or removed as a result of the work shall be reflected in associated unit or lump sum prices noted in the Bidder's
Proposal.
l-3.07 Contract Bonds
The Bidder to whom a contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the
Standard Specifications before execution of the contract. The term "Contract Price" shall be deemed to mean the
total contract "not to exceed" amount consisting of the base bid stated in the Bidder's Proposal plus such additional
amounts provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work
covered by approved change orders, if any.
l-3.08 Termination of Contract
Section 5-5, entitled "Termination of Contract," of the Standard Specifications is modified to read: 'The City may
terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar
dayt written notice to the Contractor." If the contract is thus terminated by the City for reasons other than the
Contractor's failure to perform its obligations, the City shall pay the Contractor a prorated amount based on the
services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be the
Contractor's exclusive remedy for termination without cause,
l-3.09 tiability lnsurance
Evidence of insurance coverage shall be provided in the manner specified in Section 7.13 Insurance of the City's
Sample Contract
PABT I . PW
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l-3.10 Partial Payment
Payment shall be due the Contractor within thirty (30) calendar days after receipt of an itemized statement for work
performed during the progress payment period.
l-3.11 Security Deposits in Lieu of Retention
Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any monies
withheld to ensure performance under the contract. At the request and expense of the Contractor, securities
equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chaftered bank in
California as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of
the contract, the securities shall be returned to the Contractor.
Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the
escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the
investment of the payments into securities and the Contractor shall receive the interest earned on the investments
upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory
completion of the contract, the Contractor shall receive from the escrow agent all securities, interest, and payments
received by the escrow agent from the City. The Contractor shall pay to each subcontractor, not later than 20 days
after receipt of the payment, the respective amount of interest earned, net of costs attributed to retention withheld
from each subcontractor, on the amount of retention withheld to ensure the performance of the Contractor.
Securities eligible for investment under this section shall include those listed in Section 16430 of the Government
Code, bank or savings and loan certificates ofdeposit, interest bearing demand deposit accounts, standby letters of
credit or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the
beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
The escrow agreement to be used shall be null, void, and unenforceable unless it is substantially similar to the form
specified by Section 22300(e) of the Public Contract Code.
l-3.12 Worker's Compensation Certification
California Labor Code 55 1850 and 3700 provide that every Contractor will be required to secure the payment of
compensation to its employees. In accordance with the provisions of California Labor Code 5 1861, the Contractor,
in submitting a bid, hereby certifies as follows:
"I am aware of the provisions of California Labor Code 5 3700 which requires every employer to be insurcd against
liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and
I will comply with such provisions before commencing the performance of the Work of this Contract."
l-3.13 Sample Contract
A sample of the contract the successful Bidder will be required to enter into with the City is attached hereto as
Appendlx "8" and by this reference incorporated herein and made a part of these Specifications.
l-3.14 Special Conditions - Prevailing Wages and Employment of Apprentices
The Contractor certifies by submission of a bid that they have not been found by the Labor Commissioner to be
in violation of Prevailing Wage laws as outlined in the California Labor Code 5 7777.1. The Contractor shall
adhere to the provisions of Section U70-1777 of the Labor Code and Section 7-2 entitled "Labor," of the
Standard Specifications. The Contractor shall comply with and adhere to the "Special Conditions - Payment of
Prevailing Wages and Employment of Apprentices" atbched to Part I of these Project Specifications. Attention
is directed to Section A of this attachment which states, in part, that if there is a difference between the Vernon
Living Wage and Prevailing Wage rates for similar classifications of labor, the Contractor and his/her
subcontractors shall pay not less than the hiohest wage rate.
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BEV. 103113
ATTACHMENT TO PART I
SPECIAL CONDMONS - PAYMENT OF PREVAIUNG WAGES AND EMPLOYMENT OF APPREI\MCES
A. Determination of Prevailing Wage Rates
City has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Labor Code
determinations of the generally prevailing rates of per diem wages and the prevailing rate for holiday and overtime
work in the locality in which the Work is to be performed. Copies of these determinations, entitled "PREVAILING
WAGE SCALE", are maintained at the City's offices, are available during City's normal business hours and are also
available on the Internet at www.dir.ca.oov/DIR/S&R/statistics research.html. Ifthere isa difference in the Vernon
Living Wage rates and the California prevailing wage for similar classifications of labor, the Contractor and
Subcontractors shall pay not less than the highest wage rates. The wage rate for any classification not listed, but
which may be required to execute the Work, shall be commensurate and in accord with specified rates for similar or
comparable classifications for those performing similar or comparable duties. Holidays shall be as defined in the
collective bargaining agreement applicable to each particular craft, classification or type of worker employed under
the Contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time
and subsistence pay, apprenticeship or other training programs authorized by California Labor Code 53093, and
similar purposes when the term "per diem wages" is used herein. Holiday and overtime work, when permitted by
law, must be paid for at the rate of at least one and one-half (172) times the above specified rate of per diem
wages, unless otherwise specified. In accordance with Section 1773.2 ofthe California Labor Code, the Contractor
must post a schedule showing all applicable prevailing wage rates at appropriate and conspicuous locations on the
job site where they can easily be seen by workers.
B. Payment of Prevailing wage Rates
1. Statutory Requirements - The Project is subject to the provisions of Labor Code 551720 et seq. and the
requirements of Title 8 ofthe California Code of Regulations 5516000 et seq., which govern the payment of
prevailing wage rates on public works projects. The Contractor and Subcontractors of any tier shall be
governed by and required to comply with these statutes and regulations in connection with the Project.
Pursuant to Labor Code 5U71, the Contractor and all Subcontractors of any tier must pay not less than the
prevailing wage rates to all workers employed in execution of the Contract. Contractor and Subcontractors
must comply with applicable statutes and regulations, including but not limited to Labor Code gS 7771,
7775, 7777.5, 1813 and 1815.
2. Weekly Payments to Employees - Contractor and all Subcontractors of any tier must pay each worker on
the Project, unconditionally and not less often than once each week, the full amounts that are due and
payable for the period covered by the particular payday in accordance with the prevailing wage scale
determination, regardless of any contractual relationship which may be alleged to exist between the
Contractor, Subcontractor and such laborers. Thus, an employer must establish a fixed workweek and an
established payday. On each payday, each worker must receive all sums due at the end of the preceding
workweek and must be provided with an itemized wage statement.
3. Classifications - City shall require that any class of laborers or mechanics, including apprentices and
trainees, which are not listed in the General Wage Determinations and which are to be employed under this
Contract, shall be classified conformably to such wage determinations. In the event the City does not
concur in the Contractor's proposed classiflcation or reclassification of a particular class of laborers and
mechanics (including apprentices and trainees) to be used, the question, accompanied by the
recommendation of the City's Project Representative, shall be referred to the State Director of Industrial
Relations for determination.
4. Fringe Benefit Cash Equivalent - City shall require, whenever the minimum wage rate prescribed for a
class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the
Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof
must be established. In the event the interested parties cannot agree upon cash equivalent of the fringe
benefit, the questions, accompanied by the recommendation of the City's Project Representative, shall be
referred to the State Director of Industrial Relations for determination.
C. Penalty for Prevailing Wage Rate Underpayment
Pursuant to Labor Code 51775, the Contractor must, as a penalty, forfeit Fifty Dollars ($50.00) to the City for each
calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the
Director of the Department of Industrial Relations for such work or craft in which such worker is employed for the
Work by the Contractor or by any Subcontractor, of any tier, in connection with the Work. The difference between
ATTACHMENT TO PART I _ PW BEV. r 03r 13
prevailing wage rates and the amount paid to each worker each calendar day, or portion thereof. for which each
worker paid less than the prevailing wage rate, must be paid to each worker by the Contractor.
D. Withholding
The City shall upon its own action or upon written request of an authorized representative of the Department of
Labor or DIR, withhold or cause to be withheld from the Contractor under this Contract so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the
Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the Work, all or part of the wages required by the Contract, the City may, after
written notice to the Contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
E. Certified Payroll Records and Basic Payroll Records
The Contractor and Subcontractors of any tier must maintain Certified Payroll Records and "Basic Payroll Records",
defined as time cards, front and back copies of canceled checks, cash receipts, trust fund forms, daily logs,
employee sign-in sheets, accounting ledgers, tax forms and/or any other record maintained for the purposes of
reporting payroll, during the course of the Work and must preserve them for a period of three (3) years after
completion of the Project for all trades workers executing the Work of the Contract. Certified Payroll Records must
be submitted at the times designated in Paragraph F below or upon request as described in Paragraph G below. City
reserves the right to require Contractor to routinely submit Basic Payroll Records may be requested by the City at
any time and must be provided within ten (10) calendar days following the receipt of the request.
F. Submittal of Certified Payroll Records
Pursuant to Labor Code 51775, the Contractor and each Subcontractor of any tier must maintain an accurate, weekly
payroll record showing the employee full name, address, social security number, work classification, amount paid per
hour, straight time, overtime and holiday hours worked each day and weekly totals, the actual per diem wages paid
to each person employed for the Work/ and the gross/net wages paid for this Project/all projects, as well as the
Contractor name and address, Project name and location, and dates of payroll. If payments are made to any third
party trust, funds or plans for health and welfare, pension or vacation trusLs, those payments must be stated on the
Certified Payroll Record. The basic wage rate paid per hour plus the employer contributions for benefits, including
training fund contributions, must at least equal the prevailing wage rate for that classification.
The Contractor must maintain and submit its Certified Payroll Records and those of its Subcontractors. City reserves
the right to require Contractor to submit to the City each week, no later than seven (7) calendar days after the
payday for the week covered. the Certified Payroll Records of Contractor and its Subcontractors of every tier. If
there is no Work on a given week or on a given day, the Certified Payroll Record must indicate "no work" for that
week or day(s). The Certified Payroll Records must account for each day of the week including Saturdays, Sundays
and holidays. Contractor and Subcontractors of every tier must write "final" on the last submitted Certified Payroll
Record for the Project.
The Certified Payroll Records must be verified by a written declaration made by a person with authority to represent
the reporting entity, under penalty of perjury, that the information contained in the payroll record is true and correct
and that the reporting entity has complied with the requirements of California Labor Code 551771, 1811, and 1815
for any Work performed by his, her or its employees on the Project,
Contractor agrees that submission of Certified Payroll Records as well as all related or subsequent requests for
supporting document made by Clty shall be a condition precedent to Contractor's receipt of a progress, final, or
retention payment. The City shall withhold any portion of the progress, final, or retention payment up to and
including the entire payment until the Certified Payroll Records requirement is met by the Contractor or its
Subcontractor. If the Contractor or any Subcontractor is determined to have failed to pay workers in compliance
with the applicable prevailing wage sections of the Labor Code, the City shall continue to withhold progress, final, or
retention payments until sufficient funds have been withheld for payment of wages to workeE and all applicable
penalties,
G. Making Certified Payroll Records Available Upon Request
Pursuant to Labor Code 97776, in addition to its obligation to deliver certified payroll records to the City on a weekly
basis as set forth above, the Contractor must also make payroll records available for inspection at all reasonable
hours at the principal office of the Contractor on the following basis: (i) a certified copy of an employeet payroll
record must be made available for inspection or furnished to such employee or his/her authorized representative on
request; (ii) a certified copy of all payroll records must be made available for inspection or furnished upon request to
ATTACHMENT TO PART I _ PW REV. r03113
the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations; (iii) a certified copy of payroll records must be made available upon request to
the public for inspection or copies thereof made; provided, however, that a request by the public must be made
through eitherthe City, the Division of Apprenticeship Standards, orthe Division of Labor Standards Enforcement. If
the requested payroll records have not been previously provided to the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, the requesting party must, prior to being provided the
records, reimburse the cost of preparation by the Contractor, Subcontractors and the entity through which the
request was made; and the public may not be given access to such records at the principal office of the Contractor;
(iv) the Contractor must file a certified copy of the payroll records with the entity that requested such records within
ten (10) calendar days after receipt of a written request; (v) any copy of records made available for inspection as
copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to
prevent disclosure of an individual's name, address and social security number. The name and address of the
Contractor or any Subcontractor, of any tier, performing a part of the Work must not be marked or obliterated. The
Contractor must inform the City of the location of payroll records, including the street address, City and county and
must, within five (5) working days, provide a notice of a change or location and address.
H. Forfeiture for Failure to Comply with written Record Request Laws
The Contractor or Subcontractor shall have ten (10) calendar days in which to comply, subsequent to receipt of
written request regarding Certified Payroll Records or Basic Payroll Records. In the event Contractor or a
Subcontractor fails to strictly comply after such 1o-day period, the Contractor or Subcontractor shall, as a penalty to
the City, forfeit Twenty-Five Dollars ($25.00) for each calendar day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, these penalties shall be withheld from any portion of the Contract Price then or thereafter
due the Contractor, A Contractor is not subject to a penalty assessment puEuant to this paragraph due to the
failure of a Subcontractor to comply with this section.
L Hours of Work
1. Limits on Hours of Work - Pursuant to Labor Code 518f 0, eight (8) hours of labor shall constitute a legal
dayt work. Pursuant to Labor Code 51811, the time of service of any worker employed at any time by the
Contractor or by a Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and
restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week,
except as hereafter provided, Notwithstanding the foregoing provisions, Work performed by employees of
Contractor or any Subcontractor, of any tier, in excess of eight (8) hours per day and forty (40) hours during
any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per
day at not less than one and one-half (172) times the basic rate of pay.
2. Penalty for Excess Houns - Pursuant to Labor Code 551813 and 1815, the Contractor shall pay to the City
a penalty of Twenty-five Dollars ($25.00) for each worker employed in the execution ofthe Contract by the
Contractor or any Subcontractor, of any tier, for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar
week, in violation of the provisions of the California Labor Code, unless compensation to the worker so
employed by the Contractor is not less than one and one-half (1yr) times the basic rate of pay for all hours
worked in excess of eight (8) hours per day.
3. Contractor Responsibility For Cost of Excess Hours - Any Work performed by workers necessary to be
performed after regular working hours or on Sundays or other holidays must be performed without
adjustment to the Contract Price or any other additional expense to the City.
J. Responsibility for Subcontractors' Payment of Prevailing wages
Pursuant to Labor Code 5U74, the Contractor is responsible for ensuring that all Subcontractors of any tier comply
with requirements for payment of prevailing wages. Contractor is responsible for Labor Code violations by
Subcontractors of any tier. The agreement executed betlveen the Contractor and each Subcontractor must contain a
copy of the provisions of Labor Code gg 7777, 1775, 1777.5, 1813 and 1815, at a minimum. Contractor must
monitor each Subcontractor's payment of prevailing wage rates. Upon becoming aware of the failure of any
Subcontractor of any tier to pay its workers the specified prevailing wage, the Contractor must diligently take action
to halt and rectify the failure, including, without limitation, retaining sufficient funds due to the Subcontractor to
cover the underpayment. Before making final payment to any Subcontractor, the Contractor must obtain an affidavit
from the Subcontractor, signed under penalty of perjury, which states that the Subcontractor has paid the specified,
determined prevailing wage rate to its employees for the Project, as well as any amounts due pursuant to Labor
ATTACHMENT TO PABT I _ PW REV. 103113
Code 51813. Contractor must provide copies of such affidavits to the City and provide Contractor's affidavit that it
has paid the specified, determined prevailing wage rate to its employees for the Project, as well as any amounts due
under Labor Code 91813.
K. Statement of Employer Payments
Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer
Payments (DSLE Form PW 26) must be completed and submitted to the Cify by each Contractor and Subcontractor
who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes
pension contributions. The form must contain, for each worker classification, the fund or trust name, address,
administrator, and amount per hour contributed and frequency of contributions. Training fund contributions must
also be reported on this form. In February and August of each year during the Project, the Contractor and
Subcontractors of any tier must veriFy changes in wage rates for any trade classifications used on the Project.
Thereafter, Contractor and its Subcontractors must submit a new Statement of Employer Payments to the City which
reflects any changes in wages and benefits.
L. Apprentices
1, Apprenticeship Committee Contract Award Information - Pursuant to Labor Code 51777.5 and'l-itle I
California Code of Regulations 5230, Contractor and Subcontractors of any tier who are not already
approved to train by an apprenticeship program sponsor must, within ten (10) calendar days of signing the
Contract or Subcontract, as applicable, but in any event prior to the first day in which the Contractor or
Subcontractor has workers employed on the Project, submit contract award information. This information
may be a Public Works Contract Award Information form (DAS form 140). The contract award information
must be provided to the appropriate local apprenticeship committees whose geographic area of operation
include the area of the Project and can supply apprentices to the Project. Contractor and Subcontractors
must also submit a copy of the form to the City which must include, in addition to other information. an
estimate of journeymen hours to be performed under the Contract or Subcontract, the number of
apprentices to be employed, and the approximate dates the apprentices will be employed. Failure to
provide contract award information, which is known by the Contractor or Subcontractor, shall be deemed to
be a continuing violation for the duration of the Contract.
2. Employment of Apprenuces - Labor Code 51777.5 and Title 8 California Code of Regulations $$200 et
seq. provide detailed requirements for employing apprentices on public works. The responsibility of
complying with Section 1777,5 and the regulations lies exclusively with the Contractor. When the
Contractor of Subcontractor employs workers in any Apprenticeable Craft or Trade, the Contractor and
Subcontractor must employ apprentices in at least the ratio set forth in Labor Code Section 1777.5.
Every apprentice employed to perform any of the Work must be paid the prevailing rate of per diem wages for
apprentices in the trade to which such apprentice is registered, and such individual must be employed only for
the work of the craft or trade to which such individual is regastered.
Only apprentices, as defined in California Labor Code 53077, who are in training under apprenticeship standards
and written apprenticeship agreements under California Labor Code 553070 et seq. are eligible to be employed
for the Work. The employment and training of each apprentice shall be in accordance with either of the
following:
(1) The apprenticeship standards and apprentice agreements under which such apprentice is training; or
(2) The rules and regulations of the California Apprenticeship Council, including regulation Section 230.1 (c),
which requires that apprentices employed on public projects can only be assigned to perform work of the craft
or trade to which the apprentice is registered and that the apprentices must at all times work with or under the
direct supervision of journeyman/men.
3, Apprenticeship certificate and Request for Dispatch of Apprentices
a. When the Contractor or any Subcontractor of any tier in performing any of the Work employs workeE in
any Apprenticeable Craft orTrade, as defined in Paragraph L(4), the Contractor and such Subcontractor
may apply to the Joint Apprenticeshlp Committee administering the apprenticeship standards of the
craft or trade in the area of the site of the Work for a certificate approving the Contractor or such
Subcontractor under the apprenticeship standards for the employment and training ofapprentices in the
area or industry affected, provided, however, that the approval as established by the loint
Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of
Apprenticeship. The loint Apprenticeship Committee or Committees, subsequent to approving the
Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or such
ATTACHI\,IENT TO PABT I - PW REV. 103113
Subcontractor in order to comply with California Labor Code 51777.5. There shall be an affirmative
duty upon the loint Apprenticeship Committee or Committees, administering the apprenticeship
standards of the crafls or trades in the area of the site of the Work, to ensure equal employment and
affirmative action and apprenticeship for women and minorities. Contractors or Subcontractors shall not
be required to submit individual applications for approval to local Joint Apprenticeship Committees
provided they are already covered by the local apprenticeship standards.
b. Contractors who are not already approved to train apprentices must request dispatch of required
apprentices from one of the applicable Apprentices Committees whose geographic area of operation
includes the site of the Poect by giving the committee actual notice of at least forty-eight (48) hours
(excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are
required. Contractors and Subcontractors may use DAS form 142 to make the request for apprentices.
However, if a non-signatory contractor declines to abide by and comply with the terms of a local
committee's standards, the Apprenticeship Committee shall not be required to dispatch apprentices to
such contractor. Conversely, if in response to a written request, an Apprenticeship Committee does not
dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance
with either the Apprenticeship Committee's Standards or the California Apprenticeship Counsel
Regulations (Title 8, Section 230 efseg.) within 72 hoursofsuch request (excluding Saturdays, Sundays
and holidays) the contractor shall not be considered in violation of Section 230.1 as a result offailure to
employ apprentices for the remainder of the Project, provided the contractor has made the request in
enough time to meet the required ratio. If an Apprenticeship Committee dispatches fewer apprentices
than the Contractor or Subcontractor requested, the Contractor or Subcontractor shall be considered in
compliance if the contractor employs those apprentices who are dispatched, provided that, where there
is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices, a
Contractor or Subcontractor who is not a participant in an apprenticeship program has requested
dispatch from at least two committees.
Ratio of Apprentices to ,ourneymen
a. The ratio of Work performed by apprentices to journeymen, who shall be employed in the Work, may be
the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship Committee
operates, but in no case shall the ratio be less than one hour of apprentice work for every five hours of
labor performed by a journeyman, except as otherwise provided in California Labor Code 51777.5, The
ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any
journeyman is employed at the site of the Work and shall be computed on the basis of the hours worked
during the day by journeymen so employed. Any Work performed by a journeyman in excess of eight
hours per day or 40 hours per week shall not be used to calculate the ratio. The Contractor must employ
apprentices for the number of hours computed as above before the end of the Contract or subcontract,
as applicable. The Contractor must, however, endeavor, to the greatest extent possible, to employ
apprentices during the same time period that thejourneymen in the same craft or trade are employed at
the site of the Work. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade,
the Division of Apprenticeship Standards, upon application of a Joint Apprenticeship Committee, may
order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade
classification.
b, The Contractor or any Subcontractor covered by this Paragraph and California Labor Code 51777.5, that
has agreed to be covered by an Apprenticeship Program's standards, upon the issuance of the approval
certificate, or that has been previously approved in such craft or trade, must employ the number of
apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards, but in
no event less than the 1-to-5 hourly ratio. Upon proper showing by the Contractor that it employs
apprentices in such craft or trade in the State of California on all of its contracts on an annual average
of not less than one apprentice to each five journeymen, the Division of Apprenticeship Standards may
grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in this Paragraph
and California Labor Code 51777.5.
Exemption - The requirement to employ apprentices shall not apply to contracts of general contractors, or
to contracts of specialty contractors not bidding for work through a general or prime contractor, involving
less than Thirty Thousand Dollars ($30,000.00) or twenty (20) Working Days. The term "Apprenticeable
Craft or Trade," as used herein shall mean a craft or trade determined as an Apprenticeable occupation in
accordance with rules and regulations prescribed by the Apprenticeship Council.
ATTACHMENT TO PART I _ PW REV 103113
6. Contributions to Trust Funds - The Contractor or any Subcontractor of any tier who peforms any of the
Work by employment of journeymen or apprentices in any Apprenticeable Craft orTrade shall contribute to
the California Apprenticeship Council in the same amount that the Director determines is the prevailing
amount of apprenticeship training contributions in the area of the Project. Contractor or any Subcontractor,
of any tier, may take as a credit for payments to the Council any amounts paid by the Contractor or
Subcontractor to an approved apprenticeship program that can supply apprentices to the Project.
Contractors who do not contribute to an apprenticeship program must submit their contributions to the
California Apprenticeship Council. Training Fund contributions are due and payable on the 15th day of the
month for work performed during the preceding month. Training contributions to the California
Apprenticeship Council shall be paid by check and shall be accompanied by a Completed Training Fund
Contribution form (CAC-2). Contractors who contribute to an apprenticeship program are entitled to a full
credit in the amount of those contributions. The Division of Labor Standards Enforcement is authorized to
enforce the payment of such contributions to such fund(s) as set forth in California Labor Code $ 227. Such
contributions shall not result in an increase in the Contract Price.
7. Contractor's Compliance - The responsibility of compliance with this Paragraph for all Apprenticeable
Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship
Committee(s) under this Paragraph are subject to the provisions of California Labor Code 53081. In the
event the Contractor willfully fails to comply with the provisions of this Paragraph and California Labor Code
5L777.5, pursuant to California Labor Code 9L777.7, the Contractor shall: (i) be denied the right to bid on
any public works contract for a period of one (1) year from the date the determination of non-compliance is
made by the Administrator of Apprenticeship; and (ii) fofeit, as a civil penalty, One Hundred Dollars
($100.00) for each calendar day of noncompliance. Notwithstanding the provisions of California Labor C.ode
51727 , upon receipt of such determination, the City shall withhold such amount from the Contract Price then
due or to become due. Any such determination shall be issued after a full investigation, a fair and impartial
hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by
the California Apprenticeship Council. Any funds withheld by the City pursuant to this Paragraph shall be
deposited in the General Fund or other similar fund of the City. The interpretation and enforcement of
California Labor Code 55L777.5 and L777.7 shall be in accordance with the rules and procedures of the
California Apprenticeship Council.
ATTACHMENT TO PART I - PW REV.103113
PART II. CITY OF VERNON SPECIAL PROVISIONS - SPECIFIC FOR THIS PROJECT
ll-1.01scoPE oF woRK
1. The contractor shall furnish and install one new 300KW Cummins Diesel Generator, equipped with diesel
particulate filter, in accordance with the specifications listed in Part No. III. The proposed generator is to be used in
place of the existing 250KW Kohler diesel generator located at the City Hall basement, The emergency power needs
include, lighting, backup power for City's telephone, computer systems, and operation of Police & Fire Departments
located in the City Hall.
2. The Cummins Generator shall be brand new, unused and guaranteed from defecG in material, design and
workmanship.
3. The proposed emergency generator may be installed in the City Hall basement (Under Alternative No. 1), or at
the ground level (Alternative No. 2) on a concrete pad in a vacant lot at the rear of the City Hall building (see the
Site Map Drawing, Attachment No. 1).
4. Under Alternative No. 2, construct a concrete pad for the placement of the diesel generator with double walled
base fuel tank. Run electrical conduit a minimum of 30" deep, routed as shown on Attachment No. 1.
5. Furnish and install double walled base fuel tank (Alternative No. 2 only) with capacity to supply fuel for 72 hours
of emergency operation at 100o/o load.
6. Provided electrical cable extension and associated components for connection to the electrical panels/transfer
switch in the City Hall building basement. The electrical cable can be routed underground from the proposed location
(see Site Map Drawing, Attachment No. 1).
7. The contractor shall prepare design drawings including underground conduit placement, foundation design for the
generator installation, and obtain no fee permits from the Vernon Building Department prior to the commencement
of work.
8, The emergency generator must properly work with the automatic start transfer switch and other electrical
connection equipment currently installed at City Hall.
9. The bidding contractor must have a valid State of California business license, valid State of California Engineering
Contractor Class (B) License or C-10 License.
10. The contractor is to install the emergency diesel powered generator in accordance with the current California
building code and electrical national code as adopted by the City. The contractor is to secure all necessary permits
and approvals from the City and SCAQMD for installation of the diesel generator and associated diesel particulate
filter.
11. All attachments, equipment or accessories not speciflcally listed in this bid request must conform to the best
practices known within the emergency generator industry in trade, quality, workmanship and design.
12. The Contractor shall provide a temporary standby power generator (minimum of 250 KW) and all the cables and
connections to supply back up power during the period that the new diesel power generator is being installed.
Onsite staff training need to be provided by the contractor for operation of the backup generator. The backup
generator shall be onsite until the newly installed diesel generator has been tested and is fully operational,
13. The contractor/generator supplier shall provide a 2 hour start up test by load bank and conduct onsite staff
training. Two copies of the manual on equipment operation and maintenance need to the City.
14. The contractor shall remove and dispose of existing Kohler 250KW generator (Alternative Nos. 1 and 2) in
accordance with state and federal regulations. Under Alternative No. 1, the contractor shall reuse the existing fuel
line from the city yard fuel tanks. Under Alternative No. 2, the contractor shall cap the fuel line at the basement wall
in accordance with industry standards.
PABT II_ SPECIAL PBOVISIONS
II'1
REV 12l10/13
15. The proposed generator shall be guaranteed for a period of five (5) years trouble-free operation. The vendor
shall furnish and replace, with no cost to the City, any equipment or part that is defective or shows signs of undue
wear within five (5) years after acceptance of the contract work. A warranfy certificate shall be issued, upon
acceptance of the worl! to the City reflecting an effective date the warranty coverage commences.
16. The contractor/generator supplier shall furnish two (2) complete bound sets of owner's manuals providing
instructions for the operation, adjustment, lubrication, and maintenance of the proposed generator.
17. The contractor, upon delivery, shall perform a walk-around and detailed inspection with a designed City of
Vernon representatlve, The City of Vernon's acceptance of the delivered unit will be contingent upon the subject
unit's conformance with the specifications listed in Part No, IIL The inspection of the work shall not relieve the
contractor of any obligation to fulfill the contract and/or complete the project described.
18. The proposed generator is to be pre-approved by the SCAQMD for operation within the area jurisdiction.
II-1.02 CONTRACT PTANS
The contract plans consist of Attachment No. 1.
t!-1.03 SPECIFtCAT|ONS
For the purpose of this contract, the Detailed Technical Specifications and the "GREENBOOK" STANDARD
SPECIFICAIONS FOR PUBUC WORKS CONSTRUCIION (2012) Edition shall apply.
II-1.04 CONTMCT TENGTH
50 days from commencement of work.
II.1.O5 DELAYS AND EXTENSIONS OF TIME
The Provisions of Section 6-6 entitled "Delays and Extensions of Time" of the Standard Specifications shall apply
except as modified and supplemented below.
The second paragraph of subsection 5-5.1 hereby deleted and the following paragraph shall be inserted in its place:
No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials,
equipment and labor, except as authorized by the Engineer. The length of the contact time stipulated includes any
time which may be required to obtain materials, equipment, and labor. The Contractor shall be deemed to have
ascertained the availability of materials, equipment and labor and considered same in its construction schedule.
il-1.05 QUALTTY OF WORK
The provisions of Section 4-1.1 entitled "Materials and Workmanship" of the Standard Specifications shall apply.
In addition, any work deemed unacceptable ty the Engineer, whether a cause is determined or not shall be
repaired or replace by the Contractor at his expense.
[-1.07 UQUTDATED DAMAGES
In accordance with Section 5-9 of the Standard Specifications, for each consecutive calendar day required to
complete the work in excess of the time specified herein for its completion, as adjusted in accordance with
Section 5-5 of the Standard Specifications, the Contractor shall pay to the City, or have withheld from monies
due it the sum of $1.500.
PART II_ SPECIAL PROVISIONS
-2
REV. 12l10/13
II-.2.01 SCHEDULTNG OF WORK
The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The
construction schedule shall show the sequence of work, critical path and estimated time for completion of each
segment of work, This schedule must be reviewed and accepted by the City Engineer, or his/her designee,
before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed
schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and
submitted to the City every other Monday during the construction period. The Contractor shall give forty eight
(48) hours' notice to the City Engineer prior to the start of work. All required overtime work shall be approved,
in advance, by the City Engineer. The normal work schedule will be Monday through Friday, 7:00 a.m. to 5:00
p.m.
1!-3.01 EXTRA WORK
In the event the City and the Contractor are unable to negotiate an agreed price for extra work, which is acceptable
to both parties, payment shall be made based on time and materials as follows:
1) Work by Contractor: The following percentages shall be added to the Contractor's costs and shall constitute
the markup for all overhead and profits:
a) Labor.................. ...........................20o/o
b) Materials............. ........................... 150/o
c) Equipment Renta1................ ...........15o/o
d) Other Items and Expenditures....... ............................15olo
2) Work by Subcontractor: when all or any part of the extra work is performed by a Subcontractor, the above
markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of
subcontractors used, In addition, a markup of 10 percent on the first $5,000 of extra work and a markup of
5 percent on work in excess of $5,000 may be added by the Contractor.
3) The Contractor shall pay for any costs incurred for overtime inspection.
il-3.02 COMPLTANCE WtrH LAWS, REGULATIONS, AND SAFE PRACTICES
The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and
local statues, regulations, ordinances, rules, and governmental orders.
The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all
persons and property during p€rformance of the work, This requirement will apply continuously and not be limited to
normal working hours.
Inspection of the Contractor's performance by the City, its agents, or employees is not intended to include review of
the adequacy of the Contractor's safety measures in or near the job site,
il-3.03 TRAFFTC REQUTREMENTS
Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City
Engineer, or his/her designee,
The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and continuous
passage for pedestrians and vehicular traffic at all times. The Contractor shall provide and maintain all necessary
flagmen, barricades, delineators, signs, flashers and any other safefy equipment as set-forth in the latest publication
of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe
passage of tralfic
-3
PART II _ SPECIAL PROVISIONS REV. 12l10/13
II-6.01 CONSTRUCTION ORDER OF WORK
Work within ceftain commercial areas of the various districts shall be scheduled so as to lessen the impact upon
businesses and dining establishments.
Requirements - General:
All construction shall conform to Sections 6-1 and 6-2 of the Standard Specifications and shall
proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started
in a work area, the contractor will be required to work continuously in that work area until
construction has been completed and the work area is open and accessible to both vehicular and
pedestrian traffic in a manner approved by the Engineer before the next stage of work will be
allowed to begin.
Once construction is started in a work area, the Contractor shall not withdraw manpower or
equipment from that work area in order to start construction in another work area if done so, in the
opinion of the Engineer, delays the completion of the work presently under construction.
Unless othen /ise stated, the Contractor shall maintain continuous access to all commercial
developments and businesses within the project limits, including store and restaurant entrances,
and drive approaches, unless the Contractor has obtained the approval of the Engineer to close
either such access or drive approach.
No stockpiling of material and construction equipment in or on public streets or sidewalk will be
permltted on this project. Material and equipment placed in or on public streets, sidewalks and in
the construction area shall be used the same day.
The Contractor may elect to obtain a storage yard for his materials and construction equipment for the
duration of this contract in order that work on this project will proceed in an efficient manner. Said
storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be
maintained in a neat and orderly manner.
II-7.01 CHAMCTER OF WORKERS
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent,
intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately
dixharged from the project on the requisition of the Engineer, and such person shall not be reemployed on the
work. If said individual has an ownership interest in the contracting entity, the Engineer will serve written notice
upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 5-4,
"Default by Contractor," of the Standard Specifications, demanding complete and satisfactory compliance with the
Contract.
II-9.01 PROTECTION OF THE PUBLIC
The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from
danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will
require that immediate provisions be made to protect the public from danger or loss, or damage to life and property,
due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion for the Engineer, a
condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities
and/or protection of adjacent structures or property, the Engineer will order the Contractor to provide a remedy for
the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the
Engineer, or in the event of an emergency situation, therEngineer may provide suitable protection by causing such
1)
2)
3)
4)
PABT II_ SPECIAL PROVISIONS REV 12/10/13
work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and
necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be
borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final
payment due to the Contractor.
PART II _ SPECIAL PROVISIONS
II.5
REV 12/10t13
PART III-SPECIFICATIONS
3OOKW CUMMINS DIESET POWER GENERATOR
1. 300KW Cummins Diesel Power Generator:
o Model No. QSL9-G7.
. EPA Family No. ECEXLOs4AAB (8563).
o Configuration: Cast lron, inJine 5 cylinder,4 cycle,8.9 liters.
. Aspiration: Turbocharged and CAC.
. Manufacturer Maximum Rating: 454 BHP, 1800 RPM.
. 480 Volts, 3 phase, in compliance with EPA Tler lll and AQMD rule 1470. To be equipped with
Johnson Matthey diesel particulate filter onsite, with a minimum Particulate Matter Control
efficiency of 85%.
. Alternator, 60 HZ, Meters AC output analog.
. Generator set control display in English language.
. Stop emergency switch externally mounted.
. Engine cooling radiator, shut down coolant level.
. Engine air cleaner, normal duty.
. Battery charger, 12 Amp, regulated.
UL 2200 Listed Packages.
. Contractor shall furnish A 200KW enclosed load bank unit (Avtron or compatible brands,24O/48O
volts, 3 phase, 50 HZ) with vertical exhaust air flow outlet, capable of supplying a minimum of 50%
load on the emergency generator.
. The generator shall not exceed 55 decibels at 2s-feet.
and fuel spill containment basin, and extended vent line.
APPENDIX A
Forms to be Submitted bv Bidder
APPENDX "A" - Forms to be Completed by Bidder
BIDDER'S CHECKLIST
TOTHEBIDDER:
The following list is provided for the convenience of both you and the City and to help eliminate
errors and omissions which may render your bid unacceptable. Please check all appropriate
boxes and submit with your bid.
IDENTITY CONTTRMATION
SUBCONTRACTOR LISTING/SHORING DESIGN
AFFIDAVIT OF NON.COLLUSION (SIGNED BY BIDDER)
LTVING WAGE COMPLIANCE CERTIFICATION
VENDOR LIST QI]ESTIONNAIRE & EQUAL OPPORTI]NITY
EMPLOYMENT & NON-SEGREGATION
BP.(a)
BP.O)
BP-(c)
BP-(d)
AA FORIIS
Bids are to be siped and submitted in TRIPLICATE. Bidder must submit
bids in an ORIGINAL AND TWO COPIES.
All bids shall be enclosed in sealed envelopes, distinctly marked *Bid" with
the title of the bid and the bidder's name and address appearing on the
outside.
Bids should be addressed to:
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vemon, CA 90058
Mail sufficienfly early or deliver in person before the time and day listed in
the Notice Inviting Bids. Bids must be ryig! in the City Clerk's Office
before that time.
APPENDX "A" - Forms to be Completed by Bidder
IDENTITY CONFIRMATION
Contractor's Name
Office Address
If an individual, so state
If a partnership, corporation or frrm, so state, giving the names and addresses of
individuals constituting the organization.
If a corporation, give the following information:
Name of President
Name of Secretary
Organized under the laws of the State of
Name and address of local representative
Telephone:
Fax:
(Here attach a certificate in form to confirm 1) the identity of the bidder or officer who signs
above, 2) the fact that he is the officer named, and 3) his authority to bind the bidder).
BP-(a)
APPENDX "A" - Forms to be Completed by Bidder
SI]BCONTRACTOR LISTING/SHORING DESIGN
SUBCONTRACTOR LISTING
Names (s)Description of Work
SHORING DESIGN
If shoring is required as part of this project, then the Civil or Structural Engineer who design this
shoring is to be listed below, even if said Engineer is employed by the Contractor. If no shoring
is required, write "NONE".
Engineer Names (s) Address Description of Work
BP-(b)
APPENDX "A" - Forms to be Completed by Bidder
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALTFORNIA
COUNTY OF LOS ANGELES
)
)ss
)
, being first duly sworn deposes
and says that he/she is
(Insen "Sole Owner", "Panner", "Prcsiden! "Secrctary", or other proper title)
(Inrert nanr ofbidder)
who submits herewith to the City of Vemon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone
attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or
anyone else interested in the proposed contract; and further
That prior to the public opening and reading ofproposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said
bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from
bidding or withdraw his proposal;
c. Did not, in any flumner, directly or indirectly seek by agreenrent, communication or conference
with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix
any overhead, profit or cost element of his proposal price, or of that of anyone else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the
contents thereof, or divulge information or data relative thereto, to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof, or to any
individual or group of individuals, except the City of Vemon, or to any person or persons who
have a partnership or other financial interest with said bidder in his business.
I certify under penalty of perjury that the above infbrmation is correct
By:
Date:
Title:
BP-(c)
APPENDX "A') - Forms to be Completed by Bidder
LIVING WAGE COMPLIANCE CERTIFICATION
This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code
Chapter2 Article XVm. The Ordinance requires that contractors providing labor or services to
the City under contracts in excess of $25,000:
a Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or
eleven dollars and fifty-five cents ($1t.SS; per hour without medical benefits to all
employees who spend any of their time providing labor or delivering services to the City of
Vernon. Additionally, in July lst of each year thereafter the Living Wage rate shall be
adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for
the Los Angeles area, for the most recently available 12 month period. Accordingly, culrent
City contractors will be required to adjust wage rates no later than July lst, to remain in
compliance.
a Notify employees who spend any of their time providing labor or delivering services to the
City of Vemon who make less than twelve dollars ($12) per hour of their possible right to the
federal Earned lncome Tax Credit (EITC) under $ 32 of the Internal Revenue Code of 1954,
26 U.S.C. $ 32, and making available to such employees forms required to secure advance
EITC payments.
The selected contractor will be required to evidence compliance with the Living Wage
Ordinance by submitting payroll records as requested by the City. Each record shall include the
full name of each employee performing labor or providing services under the contract; job
classif,rcation; rate of pay and benefit rate.
On August 4,2008, the Vernon City Council amended the Living Wage Ordinance such that the
provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining
agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this
provision applies, you must provide a copy of the collective bargaining agreement to the City.
I do hereby certify and declare under penalty of perjury that if awarded the contract for which
this bid/proposal is made will comply with the
(Name of Company)
requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article
XVm and the rules and regulations promulgated thereunder. I understand that failure to comply
with the provisions of the Vernon Living Wage Ordinance may result in termination of the
contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII.
(Name)(Title)
(Signature)(Date)
Please retum this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be
directed to the Department of Finance - Purchasing Division 323.583.881 1.
BP-(d)
APPENDX "A" - Forms to be Completed by Bidder
Purchasing & Payables Division
4305 Santa Fe AvenueVernon, CA 90058
(323) s83-8811
Fax (323) 826-1433
Internet:
Article I.
Article II.
Vendor List Questionnaire (Form AA-l)
Affidavit of Equal Opportunity Employment & Non-segregation
In order to be placed to the City's vendor list and be eligible to receive City business, you must provide
the following information except where indicated as "optional". By submitting this form you are
declaring under penalty of perjury under the laws of the State of California and the laws of the United
States that the information is true and correct. Furthermore, you are certifying that your firm will adhere
to equal opportunity employment practices to assure that applicants and employees are not discriminated
against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your
firm does not and will not maintain or provide for its employees any segregated facilities at any of its
establishments, and that it does not and will not permit its employees to perform their services at any
location, under its control, where segregated facilities are maintained.
Name of Company Business Telephone
Address Fax number
(optional)
City State zip
Contact Person E-mail Address
(optional)
Tax ID Number (or Social Security Number)
Remit Address (if different)
Please state clearly and concisely the type(s) of goods and services your company provides:
Small and Micro Business Preference Program: If certifred by Califomia Department of General
Services as a small or micro business, please provide DGS Reference Number . Visit the
Purchasing Division website for additional information.
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership (please
check all that apply):
African-American- Asian- Armenian - Hispanic- Native American-
Disabled Female
AA FORMS
APPENDX 'A- - Forms !o bo Completed by Bidder . .
Prolect Workforce Utilizrtion (Form AA-2)
This fom is to be included in all bid documents for projects involving labor or services valued at $25,000 or more.
Instructions: Please indicate the job titleVclassifications to bo used in the perfomalco of this contact should it be awarded to your fum. Please
iodicate the lumbor of employe€s in each job classification as ]yetl as the number of new hires, if any, as a result of this contnct.
Name of Company:Project:
Job Titles/Classification Estimated number of existing staff to be employed
in this classification if awarded the contract
Estimated number of new hires to be employed
in this classification if awarded the contract
Are any current employees or
potential new hires Vernon
residents? If so, how many?
AA FORMS
APPENDX ('A" - Forms to be Completed by Bidder
Current Permanent Workforce Utilization (Form AA-3)
OPTIONAL
Name of Company:Project:
Completion of this form is OPIONAL. Any infornation supplied by vendors is for repo.ting purposes only and will not be factorcd into the award of any
contract,
Instructions: Please indicate the number of employeas in e.ch Job Classifrcation belo[ging to dre following groups.
White
(not of Hispanic
orisin)
African-American
(not of Hispanic
orisin)
Hispanic Asian/Pacific
lslander
Native
American
Armenian Male Female
CLASSIFICATION
Officials/
Managers
Professionals
Technicians
Office/Clerical
Skilled Craft Workers
Operators
(semi-skilled)
Laborers
Service Workers
TOTAL
AA FORMS )
APPENDIX "8"
LABOR AND MATERIALS CONTRACT NO.
THIS Contract is made between the CITY OF VERNON ('City'), a municipal
corporation, and
headquarters at
a Califomia corporation with
("Contractor").
The City and Contractor agree as follows:
1.0 Contractor shall fumish all necessary and incidental labor, material,
equipment, transportation and services as described in, and strictly in accordance with,
and subject to all terms and conditions set forth in Specifications for
Exhibit A, which is attached hereto and incorporated
by reference.
2.0 All work shall be done in a manner satisfactory to the City's Director of
Community Service and Water or person designated by him, in writing ("Directoi'), and
shall be of highest quality with respect to
ln the event Contractor fails to perform satisfactorily the City shall advise
Contractor in wriling, and Contractor shall have thirty (30) days to cure such failure to
satisfactorily perform. lf Contractor fails to so cure its performance within said 30 days,
the City may, at its option, terminate this Contract for default without further liability,
other than payment to Contractor for work performed satisfactorily prior to the date of
termination.
3.0 Contractor shall commence work upon the signing of this contract and
shall perform work requested in writing by Director.
4.O ln consideration of satisfactory and timely Performance of requested work,
the city shall pay Contractor as follows: ln the first three years of this Contract, a grand
total amount not to exceed Dollars ($000,000).
5.0 Concurrently with the execution of this Contract, contractor shall fumish
bonds of a su rety satisfactory to the City, as provided in the specifications and Notice
lnviting Bids. The cost of the bonds shall be paid by Contractor.
6.0 GENERAL TERMS AND CONDITIONS.
6.1 INDEPENDENTCONTRACTOR.
January 2010
6.1.1 lt is understood that in the peformance of the services
herein provided for, Contractor shall be, and is, an independent contractor, and is not an
agent or employee of City and shall furnish such services in its own manner and method
except as required by this Contract. Further, Contractor has and shall retain the right to
exercise full control over the employment, direction, compensation and discharge of all
persons employed by Contractor in the peformance of the services hereunder.
Contractor shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its employees, including
compliance with social security, withholding and all other wages, salaries, benefits,
taxes, exactions, and regulations of any nature whatsoever.
6.1.2 Contractor acknowledges that Contractor and any
subcontractors, agents or employees employed by Contractor shall not, under any
circumstances, be considered employees of the City, and that they shall not be entitled
to any of the benefits or rights afforded employees of City, including, but not limited to,
sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits,
or health, life, dental, long-term disability or workers' compensation insurance benefits.
6.2 CONTBACTOR NOT AGENT. Except as the City may authorize in
writing, Contractor and its subcontractors shall have no authority, express or implied, to
act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
6.3 OWNERSHIP OF WORK. All reports, drawings, plans,
specifications, computer tapes, floppy disks and printouts, studies, memoranda,
computation sheets and other documents prepared by Contractor in furtherance of the
work shall be the sole property of City and shall be delivered to City whenever
requested. Contractor shall keep such documents and materials on file and available
for audit by the City for at least three (3) years after completion or earlier termination of
this Contract. Contractor may make duplicate copies of such materials and documents
for its own files or for such other purposes as may be authorized in writing by the City.
6.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work,
without additional cost to the City. The performance or acceptance of services
fumished by Contractor shall not relieve the Contractor from the obligation to correct
subsequently discovered defects, inaccuracy or incompleteness.
6.5 WAIVER. The City's waiver of any term, condition, breach or
default of this Contract shall not be considered to be a waiver of any other term,
condition, default or breach, nor of a subsequent breach of the one waived.
6.6 SUCCESSORS. This Contract shall inure to the benefit of, and
shall be binding upon, the parties hereto and their respective heirs, successors and/or
assigns.
January 2010
6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this
Contract or any rights hereunder without the prior written consent of the City and
approval by the City Attomey, which may be withheld in the City's sole discretion. Any
unauthorized assignment or transfer shall be null and void and shall constitute a
material breach by the Contractor of its obligations under this Contract. No assignment
shall release the original parties or otherwise constitute a novation.
6.8 COMPLIANCE WITH LA!ryS. Contractor shall comply with all
Federal, State, County and City laws, ordinances, rules and regulations, which are, as
amended ,rom time to time, incorporated herein and applicable to the perlormance
hereof.
6.9 ATTORNEY'S FEES. lf any action at laworin equity is brought to
enforce or interpret the terms ot this Contract, the prevailing party shall be entitled to
reasonable attomeys fees, costs and necessary disbursements in addition to any other
reliel to which such party may be entitled.
7.0 INTERPRETATION.
7.'l APPLICABLE LAW. This Contract, and the rights and duties of the
parties hereunder (both procedural and substantive), shall be govemed by and
construed according to the laws of the Slate ot Califomia.
7.2 ENTIRE AGREEMENf. This Contract, including any Exhibits
attached hereto, constitutes the eniire agreement and understanding between the
parties regarding its subiect matter and supersedes all prior or contemporaneous
negotiations, representations, understandings, correspondence, documentation and
agreements (written or oral).
7.3 WRITTEN AMENDMENI. This Conract may only be changed by
written amendment signed by Contractor and the City Manager or other authorized
representative of the City, subject lo any requisite authorization by the City Council. Any
oral representations or modilications conceming this Contract shall be of no lorce or
efrect.
7.4 SEVERABILITY. lf any provision in this Contract is held by any
court ol competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion
shall be deemed severed trom this Contract, and the remaining provisions shall
nevertheless continue in lull force and eftect as tully as though such invalid, illegal, or
unenlorceable portion had never been part ol this Contract.
7.5 ORDER OF PRECEDENCE. ln case ol conflict between the terms
of this Contract and the terms contained in any document attached as an Exhibit or
otherwise incorporated by reference, the terms oI this Contract shall strictly prevail. The
terms ol the City's Specifications shall control over the Contractor's bid.
January 2010
7.6 CHOICE OF FORUM. The parties hereby agree that this Contract
is to be entorced in accordance with the laws of the State of Califomia, is entered into in
the City ot Vernon and that all claims or controversies arising out of or related to
performance under this Contract shall be submitted to and resolved in a lorum within
the County of Los Angeles at a place to be determined by the rules of the forum.
7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
7.A TIME OF ESSENCE. Time is strictly of the essence of this
Contract and each and every covenant, term and provision hereof.
7.9 AUTHORITY OF CONTRACTOR. The Contractor hereby
represents and warrants to the City that the Contractor has the right, power, legal
capacity and authority to enter into and perform its obligations under this Contract, and
its execution of this Contract has been duly authorized.
7.10 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach or any other aspect ot this Contract, shall be settled by binding arbitration in
accordance with the Commercial Rules of the American Arbitration Association at Los
Angeles, Caiilomia and judgment upon the award rendered by the Arbitrators may be
entered in any court having jurisdiction thereof. The City does not waive its right to
object to the timeliness or sutficiency of any claim filed or required to be filed against the
City and reserves the right to conduct lull discovery.
7..11 tNDEMNtry.
7.11.1 Contractor agrees to indemnify, hold harmless and
defend (even if the allegations are ,alse, ,raudulent or groundless), to the maximum
extent permitted by law, the City, its City Council and each member thereol, and its
officers, employees, commission members and representatives, from any and all
liability, loss, suits, claims, damages, costs, iudgments and expenses (including
attomey's fees and cosls of litigation) which in whole or in part result from, or arise out
of, or are claimed to result trom or lo arise out of:
A. any activity on or use of City's premises or
facilities or any perlormance under this Contract; or
B. any acts, errors or omissions (including,
without limitation, prolessional negligence) of Contractor, its employees,
representatives, subcontractors, or agents in connection with the perlormance of this
Contract.
7.1-t .2 This agreement to indemnify includes, but is not
limited to, personal injury (including death at any time) and property or other damage
January 2010
(including, but without limitation, conlract or lort or patent, copyright, trade secret or
trademark inlringement) sustained by any person or persons (including, but not limited
to, companies, or corporations, Contractor and its employees or agents, and members
of the general public). The sole negligence or willful misconduct ot City, its employees
or agents other than Contractor or Contractor's subcontractors are excluded ,rom this
indemnity agreement.
7.12 RELEASE. Contractor agrees to release and covenants not to sue
the City, its City Council and each member thereot, and its otficers, employees,
commission members and represenlatives lor any damage or injury (including death) to
itself, its ofiicers, employees, agents and independent contraciors damaged or claiming
to be damaged trom any performance underthis Contract.
7.13 INSURANCE. Contraclor shall, at its own expense, procure and
maintain policies of insurance ot the types and in the amounts set forth below, for the
duration of the Contract, including any extensions thereto. The policies shall state that
they atford primary coverage.
7.'t3.1 Automobile Liability with minimum limits of at least
$100,000/300,000/50,000 if written on a personal automobile liability form, for using a
personal vehicle; or an amount of $500,000 including owned, hired, and non-owned
liability coverage if written on a Commercial automobile liability form.
7.13.2 General Liability with minimum limits of at least
$1,000,000 combined single limits written on an lnsurance Services Office (lSO)
Comprehensive General Liability "occunence" lorm or its equivalent for coverage on an
occurrence basis. Premises/Operations and Personal lnjury coverage is required. The
City of Vemon, its directors, commissioners, ot icers, employees, agents and volunteers
must be endorsed on the policy as additional insureds as respecls liability arising out of
the Contractor's perlormance of this Contract.
A. ll Contractor employs other contractors as part
of the services rendered, Contractofs Protective Coverage is required. Contractor may
include all subcontractors as insureds under its own policy or shalllurnish separate
insurance for each subcontractor, meeting the requirements set forth herein.
B. Blanket Contractual Coverage.
C. ProductyoompletedOperationscoverage.
7.13.3 Contractor shall comply with the applicable sections ot the
Califomia Labor Code conceming workers' compensation for injuries on the job.
Compliance is accomplished in one of the lollowing manners:
A. Provide copy of permissive self-insurance
cerlificate approved by the State of Califomia; or
January2010
B. Secure and maintain in force a policy of
workers' compensation insurance with statutory limits and Employer's Liability lnsurance
with a minimal limit of $1 ,000,000 per accident. The policy shall be endorsed to waive
all rights of subrogation against City, its directors, commissioners, otficers, employees,
and volunteers for losses arising from performance of this Contract; or
C. Provide a "waiver" form certifying that no
employees sublect to the Labor Code's Workers' Compensation provision will be used
in performance of this Contract.
7 .13.4 Each insurance policy included in this clause shall be
endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior
written notice to City.
7.13.5 lnsurance shall be placed with insurers with a Best's rating of
no less than B:Vlll.
7.13.6 Prior to commencement of performance, Contractor
shall fumish City with a certificate of insurance lor each policy. Each certificate is to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificate(s) must be in a form approved by City. City may require complete, certified
copies of any or all policies at any time.
7.13.7 Failure to maintain required insurance at all times
shall constitute a default and material breach. ln such event, Contractor shall
immediately notify City and cease all performance underthis Contract until further
directed by the City. ln the absence of satisfactory insurance coverage, City may, at its
option: (a) procure insurance with collection rights for premiums, attomey's fees and
costs against Contractor by way of set-off or recoupment from sums due Contractor, at
City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all
damages and costs incurred, by judgment, settlement or otheruise, including attorney's
fees and costs, being collectible from Contractor, by way of set-off or recoupment from
any sums due Contractor.
7.14 NOTICES. Any notice or demand to be given by one party to the
other shall be given in writing and by personal delivery or prepaid first-class, registered
or certified mail, addressed as follows. Notice simply to the City of Vemon or any other
City department is not adequate notice.
lf to the City:
City of Vernon
4305 Santa Fe Ave.
Vemon, CA 90058
January 20'10
With a Copy to:
lf to the Contraclor:
Any such nolice shall be deemed to have been given upon delivery,
if personally delivered, or, if mailed, upon receipt or upon expiration ot three (3)
business days from the date ot posting, whichever is earlier. Either party may change
the address at which it desires to receive notice upon giving written notice ot such
request to the other party.
7.15 TERMINATION FOR CONVENIENCE Mithout Cause). City may
terminate this Contract in whole or in part at any time, for any cause or wilhout cause,
upon fifteen ('15) calendar days' written notice to Contractor. lf the Contract is thus
terminated by City for reasons other than Contracto/s failure to perform its obligations,
City shall pay Contractor a prorated amount based on the services satisfactorily
completed and accepted prior to the effective date of termination. Such payment shall
be Contractois exclusive remedy Ior termination without cause.
7.16 DEFAULT. ln the event either party materially defaults in its
obligations hereunder, the other party may declare a detautt and terminate this Contract
by written notice to the defautting party. The notice shall specily the basis for the
default. The Contract shall terminate unless such delault is cured before the eftective
date of termination stated in such notice, which date shall be no soonerthan ten (10)
days after the date of the notice.
Termination for cause shall relieve the terminating party ot lurther
liability or responsibility under this Contract, including the payment o, money, except for
payment lor services satisfactorily and timely perrormed prior to the service of the notice
of termination, and except tor reimbursement of (1) any payments made by the City Ior
service not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by the City in obtaining substitute perfomance.
7.17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor
hereby agrees to assign to the City all rights, title and interest in and to all causes ot
action it may have under Section 4 oI the Clayton Act (15 U.S.C. Sec 15) or under lhe
Cartwright Act Chapter 2 (Commencing with Section 16700) or part 2 ot Division 7 ot
the Business and Professions Code, or any similar or successor provisions of Federal
or State law, arising from purchases of goods, services or materials pursuant to this
Contract orthe subcontract. This assignment shall be made and become etlective at
the time the City tenders Iinal payment to the Contractor, without turther
acknowledgment by the parties.
8.0 ADDITIONALASSURANCES
January 2010
8.1 EOUAL EMPLOYMENT OPPOHTUNITY PBACTICES.
Contractor certifies and represents that, during the performance of this contract,
the contractor and any other parties wilh whom it may subcontract shall adhere to equal
opportunity employment practices to assure that applicants and employees are treated
equally and are not discriminated against because ol their race, religion, color, national
origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further
certifies that it will not maintain any segregated tacilities.
8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay
any and all costs associated therewith, any Vemon Business License which may be
required by the Vemon Municipal Code.
8.3 MAINTENANCE AND INSPECTION OF BECORDS.
The City, or its authorized auditors or representatives, shall have
access to and the right to audit and reproduce any ot the Contracto/s records to the
extent the City deems necessary to insure it is receiving all money to which it is entitled
under the Contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records lor a
peiod oI at least 3 years after termination of the Contract.
The Contractor shall maintain all such records in the City ol Vemon.
It not, the Contractor shall, upon request, promptly deliver the records to the City ot
Vernon or reimburse the City for all reasonable and extra costs incuned in conducting
the audit at a location other than the City of Vemon, including, but not limited to, such
additional (oul ot the City) expenses for personnel, salaries, private auditors, travel,
lodging, meals and overhead.
8.4 CONFLICT. Contractor hereby represents, warrants and certifies
that no msmber, officer or employee of the Conlractor is a director, ofiicer or employee
oI the City ol Vemon, or a member ot any of its boards, commissions or committees,
except to the extent permitted by law.
8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forleit
twenty{ive dollars ($25) for each worker employed in the execution of this Agreement
by the respective Contractor or subcontractor for each calendar day during which the
worker is required or psrmitted to work more than I hours in any one calendar day and
40 hours in any one calendar week in violation of the provisions of Sections 1810
through 1815 of the California Labor Code as a penalty paid to the City; provided,
however, work performed by employees of contractors in excess of 8 hours per day,
January 2010
and 40 hours during any one week, shall be permitted upon compensation for all hours
worked in excess of 8 hours per day at not less lhan 1/z times the basic rate of pay.
8.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on
City service contracts of any amount, as to all employees spending time on City
contracts shall observe the City's Living Wage Ordinance and all requirements thereof
at all times on City contracts. The Current Living Wage Standards are set forth in
Exhibit D. Upon request, certified payroll shall be provided to the City.
January 2010
9
lN WITNESS WHEREOF, the parties hereto have caused this Contract to
be executed by their duly authorized representatives as of the date set forth below.
City of Vernon, a California charter City and [CONTRACTOR'S NAME, a [State incorporated
Calilornia municipal corporation inl corporation
Mayor / Mayor Pro-Tem Name:
Title:
ATTEST:
Ana Barcia, Deputy City Clerk
APPROVED AS TO FORM:
By:
Name:
Title:
Hema Patel, City Attorney
10
January 2010
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
PROPOSAL
EXHIBIT C
SCHEDULE
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livinq Waqes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30
per hour with health benefits, or $1 1.55 per hour without health benefits.
Paid and Unpaid Davs Off:
Employers provide qualifying employees at least twelve compensated days otf per year
for sick leave, vacation, or personal necessity, and an additional ten days a year of
uncompensated time for sick leave.
No Hetaliation:
A prohibition on employer retaliation against employees complaining to the City with
regard to the employe/s compliance with the living wage ordinance. Employees may
bring an action in Superior Court against an employer for back pay, treble damages for
willful violations, and attomey's fees, or to compel City officials to terminate the service
contract of violating employers.
Name of Co:
Project Title:
1. PLEASE PROVIDE THE BELOW LISTED DOCUMENTS TO YOUR PROJECT MANAGER.
2. PLEASE SUBMIT THESE IN ONE (1) PACKAGE WHEN YOU HAVE ALL DOCUMENTS IN
HAND. ALONG WITH THIS CHECK LIST. BECAUSE THEY WILL BE FORWARDED OVER AS
A GROUP TO OUR RISK MANAGER FOR APPROVAL:
lnclude on one or two Acord forms with the coverage limits, policy numbers, and dates for:
A.fiGgeral Liability, Combined Single Limit of $1,000,000 per occurrence.
lJ .aaaitional lnsured Endorsement form(s) Naming as Additional lnsured ('City of
Vernon, its Council Members, Commissioners, otficers, employees and agents.')
Please provide either this: _ CG 20 10 11 85;tr
or both of these forms
-CG
20 10 XX XX (lor ongoingoperations) AND
U co 20 97 xx xx itor colmprcted operationfi
E Endorse^ent Waiver oE. Right of Subrogation for General Liability against the
City of Vernon.
E Cor"r"ge XCU is required if applicable
B. E Auto Liability. $1OO,OOO combined single limits unless vehicles are not involved.
C.E] Worker's Comp in stiatutory amounts. A separate certificate may be submitted. The City
need not be named as additiona! insured.
Q Endorsement Waiver of the Right ol Subrogation for Worker's Compagainst the
City of Vernon.
Note: The Specification or Request for lnsurance may be amended by the City, to require less or
greater requirements depending on the potential risk involved.
OTHER CRITICAL INCLUSIONS:
1. The City of Vernon shall be given 30 days written notice of cancellation or material change. The
certificate submitted will not be approved if it contains "best effort' modifiers or if it relieves the
insurer from responsibility for failure to give notice.
711113
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ATTACHMENT NO. I
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RECEIVED
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CITY ADMINISTRATIONREGF-NVED
DEC 0 1 2014
CITY CLERK'S OFFICE STAFF REPORT
PUBLIC WORI(S, WATER AND DEVELOPMENT SERVICES
DATE:
TO:
PREPARED BY:
APPROVED BY:
RE:
December 9,2014
Honorable Mayor and City Council
Rafael Contrera ect Engineer
Samuel Kevin Wilson%trector of Public Works, Water and Development
Services
Approval of a Cooperative Agreement for the Metro Rapid Bus Station
Implementation project between the City of Vernon and the Los Angeles
County Metropolitan Transportation Authority ("Metro Rapid Bus
Shelter Funding Agreement")
Recommendation
lt is recommended that the City Council:
l. Find that the approval of the Cooperative Agreement proposed in this staff report is
exempt under the California Environmental Quality Act (CEQA) in accordance with
Section 15301, Existing Facilities, part (c), existing highways and streets, sidewalks,
gutters, bicycle and pedestrian trails and similar facilities; and
2. Authorize the City Administrator to execute the Cooperative Agreement for the
Metro Rapid Bus Station Implementation project between the City of Vemon and the
Los Angeles County Metropolitan Transportation Authority (the "Agreement"), in
substantially the same form as submitted herewith. The Agreement would authorize the
Los Angeles County Metropolitan Transportation Authority to install Metro Rapid
station amenities at ten (10) Metro Rapid stop locations within the City's boundaries at no
cost to the City.
Background
The Los Angeles County Metropolitan Transportation Authority (LACMTA) is implementing the
Metro Rapid Five-Year Implementation Plan, which includes funds for the Metro Rapid stops/shelters
along each of the existing Metro Rapid Lines. Metro Rapid Transit service routes implement key
attributes, such as providing traffic signal priority for buses and increased bus stop spacing to improve the
service time and bus service frequency. There are three Metro Rapid bus routes operating in the City:
Vemon-La Cienega 705, Soto 751, and Long Beach 760. LACMTA proposes to install station amenities
consisting of the following components: bus shelters, benches, lighting, trash receptacles, advertisement
kiosks, and Metro Rapid poles and signs. The bus stop locations are shown below:
Rapid
Stoo Location Direction Nearside/Farside Corner
1 Soto/Vernon Northbound Nearside Southeast
2 SotoAy'ernon Southbound Nearside Northwest
J Soto/Fruitland Northbound Nearside Southeast
4 Soto/Fruitland Southbound Nearside Northwest
5 Pac fic/Santa Fe Eastbound Farside Southeast
6 Pac ficlSanta Fe Westbound Nearside Northeast
7 Vemon/Santa Fe Westbound Farside Northwest
8 Pacific/RR Xing Westbound Nearside Northeast
9 Pacific/Fruitland Northbound Nearside Southeast
10 Pacific/Fruitland Southbound Nearside Northwest
Agreement
The Agreement provides the City with Metro Rapid station amenities along the three routes at ten (10)
locations within the City's limits. LACMTA will be responsible for the design, fabrication, and funding of
all station components and will coordinated with the implementation of the project with the City. The City
will be responsible for the removal and relocation of three existing bus shelters and coordination with
LACMTA and its contractor.
Fiscal Impact
As part of the Agreement, LACMTA will provide the City with a project budget of $28,000 to reimburse
the City for all eligible design and engineering review time and project management cost. The City shall
take ownership of the station amenities after installation and bear the maintenance cost for the useful
life of the project. There is no fiscal impact to the City at this time, the funds provided by Metro are
anticipated to cover the cost of City staffincurred by the project. Future maintenance cost for the station
amenities will be incorporated into future budgets as needed.
Attachments:
Conceptual Station Design
Cooperative Agreement
Conceptual Station Design
Bus Shelter
o Structure Style: Two post with offset canopy wings
o Structural Glass Canopy System
o Mounted with concrete footings
o Modular Design
o Approximately 13' in length
o Approximately l0' in height
o Canopy depth of approximately 5'6" and/or 7'6" - depending on sidewalk width
o LED lighting
o Solar powered
o Future retrofit of a real time passenger information display LED panel
Side View
Rear Wing
Rear View Night View with LED Lighting
Trash Receotacle
. 45 gallon capacity
o Single-stream litter receptacle
o Surface mounted
Bench
o Bench with seat dividers/armrests
o Seating for three adults
o Surface mounted
Kiosk
o Surface mounted
Solar Heat Resistant Glass Canopy
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Metro Lollipop Rapid Pylon
Signage ittustrated in this package
is for DESIGN INTENT 0NLY and
NOT FOR FABRICATION.
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FTA Grant No: CA-90-Y261
FIS Grant No: 700139
Agmt: FA.MRBSFIEL65
CFDA: 20500
DUNS: 060883022
AGREEMENT
This Funding Agreement ("Agreement") is dated for reference purposes only August 1,2014,
and is by and between the Los Angeles County Metropolitan Transportation Authority
("LACMTA") and the City of Vernon (the "City") for Metro Rapid Bus Station
lmplementation.
RECITALS:
A. The LACMTA Board of Directors, at its September 26,2002 meeting, approved the
Meto Rapid Five-Year Implementation Plan (Attachmgl$) and set aside regional
fi;rds to complete the program, including fi.rnds for Metro Rapid stops/shelters along
each of the existing Metro Rapid Lines.
B. In FY 2003, FY 2004, and FY 2006, Congress appropriated $40,001,229 of
Congestion Mitigation and Air Quality Improvement (CMAQ) firnds for the Metro
Rapid Expansion Program. Additionally, in FY 2008, FY 2009, and FY 2010,
Congress appropriated $16,700,000 of Very Small Starts Section 5309 funds for the
Program.
The CMAQ funds and the Section 5309 frmds (the "Federal Funds") have been
allocated for the purpose of constructing and implementing transit priority signal
systems and branded stations along Metro Rapid corridors.
C. LACMTA seeks to install new Metro Rapid bus station amenities along three Metro
Rapid corridors in the City, as set forth in the Scope of Work (,{ltaghment B), the
Funding Plan (A4agh!qg$_e), the Expenditure Plan (Attachrnent D) and the Project
Schedule (Attachment E), which are collectively referred to herein as the "Project."
D. The total Project budget is up to S28,000. LACMTA desires to pass through to the
City up to $22,133 of Federal Funds, up to $2,867 of LACMTA PropositiorC25oh
Funds (the "Prop C Funds"), and up to $3,000 in LACMTA Local Funds (the
"Local Funds") for the Project. The City has agreed to provide any additional
funding necessary to complete the Project. Collectively, these frrnding amounts
constitute the Project budget and are referred to herein as the "Funds."
E. The parties hereby desire to execute this Agreement to authorize LACMTA to serve
as the "Pass Through Agency''for the Federal Fwrds and for LACMTA to grant the
Prop C Furds and Local Funds to the City, all as set forth herein.
Page 1 of 17
1. USE OF FT]NDS
1.1 The City shall complete the Project as described in the Scope of
Work, attached as Attachment B and the Project Schedule, attached as Attachment E. The
Scope of Work includes a description of the Project, including without limitations, Project
tasks and deliverables. Work shall be delivered in accordance with the Project Schedule
unless agreed to by the Parties.
1.2 LACMTA shall provide Federal Funds to the City and to the extent
the Prop C Funds and Local Funds are available, LACMTA shall make a one-time grant to
the City in Prop C Funds and Local Funds for the Project, subject to the terms and
conditions contained herein. These Funds have been prograrnmed to the Project as
follows: up to $14,000 in FY 2015, and up to $14,000 in FY 2016. All Federal funds are
contingent upon Federal appropriation and the Federal Transit Administration's (FTA)
approval of a grant application. All Prop C Funds and Local Ftrnds are subject to annual
LACMTA Board of Directors approval of the fiscal year budget.
1.3 LACMTA shall install a Metro Rapid pole at each bus stop location as
set forth in the Scope of Work (Attachment B). The cost to manufactwe and install the poles
is the responsibility of LACMTA and is not reflected in the Project budget contained in this
Agreement. If at any and all locations where the City prohibits or substantially delays
LACMTA from proceeding with installation of the pole, no other Project components will be
installed at said locations. Furthermore, the City will be ineligible for frrnding
reimbwsements for all Project components implemented at said locations and must repay
100% of funding received from LACMTA for Project components implemented at said
locations.
1.4 The design and material specifications of all Project components set
forth in the Scope of Work are conceptual. Final design specifications and subsequent
installation of any and all Project components at each said location are subject to City
approval.
2. PAYMENT OF FEDERAL FTJNDS
2.1 To the extent LACMTA receives Federal Funds pursuant to the
Federal Grant, LACMTA shall use such Federal Furds to reimburse the City for eligible
Project expenses as set forth herein. Advanced payments of Federal Funds by LACMTA
are not allowed.
2.2 Payments to the City will be processed by LACMTA within thifty (30)
calendar days after receipt of a Request for Reimbursement along with all supporting
documentation and substantiated invoice amounts. The City must also adhere to the
requirements of Section 4 in order for payments to be processed by LACMTA.
2.3 The City shall be subject to and comply with all requirements of the
Page2 of 77
Federal Grant and other applicable requirements of the Federal Department of Transportation
(USDOT), Federal Department of Labor (DOL), FTA and of the LACMTA as required by
LACMTA to fulfill its responsibilities as the Grantee under the Federal Grant, and as a Pass
Through Agency.
3. TERM
The term of this Agreement shall commence on August 1,2014 and shall terminate upon
satisfaction of each of the following conditions: (i) the agreed upon Scope of Work has been
completed; (ii) all LACMTA audit and reporting requirements have been satisfied; (iii) the
Federal Grant has been closed; and (iv) the final disbursement of the Funds has been made to
the City.
4, REQUEST FOR REIMBURSEMENT
4.1 All eligible Project expenses, as defined in the Scope of Work and
Expenditure Plan, incurred after the Agreement is executed shall be reimbursed in accordance
with the terms and conditions of this Agreement unless otherwise agreed to by the parties in
writing.
4.2 Once a quarter, the City will prepare and submit to LACMTA a
certified and original Request for Reimbursement for actual allowable Project costs
incurred and paid for by the City consistent with the Scope of Work. Disbursements shall
be made on a reimbursement basis using the Request for Reimbursement form which is part
of the Quarterly Progress/Expense Report attached to this Agreement as Attachment F.
Instructions on how to complete the Quarterly Progress/Expense Report can be found in the
Repo rti n g & Expenditure Guidel ines (At!ach4g4-G).
4.3 Each Request for Reimbursement will report the total Project
expenditures and will specifu the percent and amount of Federal Funds, Prop C Funds, and
Local Funds to be reimbursed. The Prop C Funds are considered "local match" to the
Federal Funds and therefore the Prop C Funds must be invoiced in the appropriate
proportion to the Federal Funds with each billing period's expenditures. Each Request for
Reimbursement will be accompanied by the Quarterly ProgresslExpense Report and
supporting documentation describing the overall work status and progress on Project tasks.
In accordance with Section 7.3,the Quarterly Progress/Expense Reports and associated
documentation, including but not limited to, Requests for Reimbursement and completed
and substantiated invoices, must be approved by LACMTA before grant payments can be
made to the City. Submittal of incomplete Requests for Reimbursement and/or associated
documentation will result in delayed funding disbursements to the City.
4.4 The City shall submit a draft Request for Reimbursement, including
completed and substantiated invoices, to the LACMTA Project Manager for review ten
(10) days prior to submitting each Request for Reimbursement.
Page 3 of 17
4.5 The Quarterly Progress/Expense Report with supporting
documentation of expenses and Project progress shall be sent to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
Re: LACMTA FA# FA.MRBSHEL65
Scott Hartwell, Project Manager
Mail Stop: 99-23-2
With a copy mailed to:
Scott Hartwell, Project Manager
Los Angeles Courty Metropolitan Transportation Authority
One GatewayPlaza
MS: 99-23-2
Los Angeles, CA 90012
4.6 LACMTA shall retain 5% of the invoice amount until LACMTA has
made a determination that all contract requirements under this Agreement, including the
reporting and audit requirements contained in Section 7,have been satisfactorily fulfilled.
4.7 LACMTA will make all disbursements electronically unless an
exception is requested in writing. Disbursements via Automated Clearing House (ACH) will
be made at no cost to the City. The City must complete the ACH form and submit such form
to LACMTA before any payments can be made.
4.8 Eligible project costs are described in the Scope of Work, Expenditure
Plan, Federal Grant and FTA guidelines.
4.9 Each Request for Reimbursement must be submitted on the City's
letterhead.
4.10 The City should consult with LACMTA stafffor questions regarding
the eligibility of project expenses for reimbursements.
4.11 Total reimbursements shall not exceed the Federal Funds, Prop C
Funds, and Local Funds provided for the Project.
4.12 If any amounts paid to the City are disallowed or not reimbursed by
the FTA or LACMTA for any reason, the City shall remit to LACMTA the disallowed or
non-reimbursed amount(s) within 30 days from receipt of LACMTA's notice. All
payments made by LACMTA hereunder are subject to the audit provisions contained
herein.
Page 4 of 17
5. EFFECTIVE DATE AND START OF REIMBURSABLE ACTIVITIES
Unless written notification is otherwise provided by LACMTA, the effective date and start
date of reimbursable activities is the date LACMTA and the City execute this Agreement
and LACMTA has entered into the Federal Grant agreement.
6. FEDERAL AND PROP C REOUIREMENTS
6.1 The City shall utilize the Funds to complete the Project as described in
the Scope of Work and in accordance with this Agreement, the Reporting and Expenditure
Guidelines, the Federal Grant and the most recently adopted LACMTA Prop C Guidelines
for the type of Prop C firnds granted by LACMTA hereunder (the "Guidelines"). Affachment
B shall constitute the agreed upon Scope of Work between LACMTA and the City for the
Project. The Funds, as provided under this Agreement, can only be used towards the
completion of the Scope of Work.
6.2 The City's project administation direct costs may be invoiced for up
to 5o/o of the actual grant-eligible project costs. Project administration may consist of direct
expenses for grants management, project accounting, or procurement activities. Costs for
project administration that exceed 5% shall require LACMTA's prior approval of a Project
Administration Staffing Plan. No indirect costs may be invoiced to the Project; provided,
however, if the City has a federally approved Cost Allocation Plan for the applicable fiscal
year, the City may invoice for indirect costs consistent with the federally approved Cost
Allocation Plan.
6.3 Costs for design, construction, inspection, or construction
management activities may be incurred using the City's labor forces based on one or more of
the following conditions: (1) cost savings, (2) exclusive expertise, (3) safety and efficiency of
operations, and (a) union agreement. The City must submit to LACMTA a Force Account
Plan, if labor forces exceed $100,000, before any Federal Funds can be disbursed to the City
for the City's labor expenses. The Force Account Plan must be consistent with FTA
requirements and approved by LACMTA.
6.4 The City understands that the Funds include Federal Funds and FTA
requirements apply to the use of the Federal Funds. All FTA requirements and guidelines as
summarized in the FTA Master Agreement are incorporated by reference herein as part of
this Agreement. These requirements include, but are not limited to:
(a) Assurances of legal authority
(b) Certification of non-debarment, suspension or termination
(c) Certification of a drug-free workplace
(d) Intergovemmental review
(e) Civil Rights review, including Title VI Program review
(f) Disadvantaged Business Enterprise (DBE) assurances
(g) Disability nondiscrimination (ADA)
Page 5 of 17
(h) Office of Management and Budget (OMB) certification
(i) Lobbying certifications
0) Buy America requirements
(k) NEPA environmental review
0) Single audit requirements
(m) Circular 9300.18 (Section 5309)
(n) Circular 50l0.lD (Grants Management)
(o) Circular4220.lF(Third-ParryContracting)
(p) Section 5333O) requirements
6.5 LACMTA shall not be responsible for providing any frrnding to
substitute for the Federal Funds in the event the Federal Funds for this Project are withdrawn,
recalled or not appropriated for any reason.
6.6 The City is responsible for the relocation of existing bus shelters,
while LACMTA is responsible for construction/installation of all other Project components.
All necessary permits and approvals from the appropriate agencies must be obtained for
Project implementation and the Project must fully comply with the Americans with
Disabilities Act (ADA).
6.7 Should LACMTA, DOL and FTA require amendments, revisions,
deletions of, or additions to the provisions contained within this Agreement, the City agees
to execute promptly all such amendments, revisions, deletions, or additions, as necessary,to
comply with LACMTA, DOL and FTA requirements.
6.8 The City shall not use the Prop C Funds and/or LACMTA Local
Funds to substitute for any other funds or projects not specified in this Agreement.
6.9 The City must use the Prop C Funds and LACMTA Local Funds in
the most cost-effective manner. If the City intends to use a consultant or contractor to
implement all or part of the Project, LACMTA requires that such activities be procured in
accordance with the City's contracting procedures and consistent with State and Federal law.
The City will also use the Prop C Funds in the most cost-effective manner when the Prop C
Funds are used to pay "in-house" stafftime. The City staffor consultant with project
oversight roles carurot award work to companies in which they have a financial or personal
interest. This ef[ective use of frurds provision will be verified by LACMTA through on-
going Project monitoring and through any LACMTA interim and final audits.
6.10 If the City desires to use the Prop C Funds and"/or LACMTA Local
Funds to purchase/lease equipment (i.e., vehicles, computers, etc.) necessary to perform or
provide the services disclosed in the Scope of Work, the City must obtain LACMTA's
written consent prior to purchasing/leasing specific equipment. Equipment
purchased/leased without such prior written consent shall be deemed an unallowable
expenditure of the Prop C Funds and/or LACMTA Local Funds. If a facility, equipment
(such as computer hardware or software), vehicle or property, purchased or leased using the
Prop C Funds or LACMTA Local Funds, ceases to be used for the proper use as originally
Page 6 of 17
stated in the Scope of Work, or the Project is discontinued, any Prop C Funds or LACMTA
Local Funds expended for that purpose must be returned to LACMTA and the City will be
required to repay the Funds in proportion to the remaining useful life in accordance with
the Guidelines.
6.11 The "FTIP PROJECT SHEET" is attached as Attachment H and is
required to ensure that the Project is programmed correctly in the most up-to-date FTIP
document. The FTIP PROJECT SFIEET can be found in the ProgramMetro FTIP database
under the reports section at http://proqrarn.metro.net. All projects that receive Federal
Funding must be progmmmed into the FTIP which includes locally funded regionally
significant projects for information and air quality modeling purposes. LACMTA shall
review the Project in ProgramMetro each year and update or conect the Project as necessary
during a scheduled FTIP amendment or adoption. Changes to the FTIP through
ProgramMetro will be made as soon as possible, but no later than October I of the year the
change or update is effective.
6.12 On September26,2002,the LACMTA Board of Directors required
that prior to receiving Prop C l1Yo or 25Yo gtarfi firnds, the City must meet a Maintenance of
Efforts (MOE) requirement consistent with the State of California's MOE as determined by
the State Controller's office. With regard to enforcing the MOE, LACMTA will follow the
State of California's MOE requirement, including, without limitation, suspension and re-
implementation.
7, REPORTING AND AUDIT REQUIREMENTS
7.1 The City shall be subject to and shall comply with all applicable
requirements of LACMTA, FTA and DOL regarding Project reporting and audit
requirements. The City shall use the assigned FTA Grant number CA-90-Y261 on all
correspondence.
7.2 The City shall submit the following Reports and Certifications to
LACMTA for the duration of the Project:
(a) Quarterly Na:rative and Financial Report on Project progress
(b) Copy of the City's official annual fiscal report
(c) Copy of the City's annual independent A-133 single audit
report of the Project
(d) Annual FTA compliance self-certification
(e) Other reports that may be required
7.3 The City shall submit the Quarterly Progress/Expendinre Report
6gaghrng4D within fifteen (15) days after the close of each quarter in the months of
October, January, April and August. Should the City fail to submit such reports within 10
days of the due date and./or submit incomplete reports, LACMTA will not reimburse the City
until the completed required reports are received, reviewed, approved. The Quarterly
Page 7 of 17
Progress/Expenditure Report shall include all appropriate documentation (such as contractor
invoices, timesheets, receipts, etc.). All supporting documents must include a clear
justification and explanation of their relevance to the Project. If no activity has occtu'red
during a particular quarter, the City will still be required to submit the Quarterly
ProgresslExpenditure Report indicating no dollars were expended that quarter.
7.4 LACMTA and FTA, and/or their respective designee shall have the
right to conduct audits of the Project, as needed, such as financial and compliance audits,
interim audits, pre-award audits, performance audits and final audits. The City shall establish
and maintain proper accounting procedures and cash management records and documents in
accordance with Generally Accepted Accounting Principles (GAAP) as applied to public
agencies. The City's expenditures submitted to LACMTA for this project shall be in
compliance with Federal Acquisition Regulations, Subpart 31 (FAR). The City shall
reimburse LACMTA for any expenditure not in compliance with the Scope of Work or other
terms and conditions of this Agreement, or other applicable requirements of LACMTA, FTA
or as required under the Federal Grant. LACMTA shall use the Federal Acquisition
Regulations (FAR) standards in determining the reasonableness of costs incured. LACMTA
shall have the right to conduct a final LACMTA audit using an outside auditing firm. The
findings of that LACMTA audit will be final. When LACMTA audit findings require the
City to return monies to LACMTA, the City agrees to return the monies within thirty (30)
days after the final audit is sent to the City.
7.5 The City shall retain all original records and documents related to the
Project for a period of three (3) years after final payment is made or in accordance with the
Federal Grant, whichever time period is longer. The City's records shall include, without
limitation, accounting records, written policies and procedures, contract files, original
estimates, correspondence, change order files (including documentation covering
negotiated settlements), invoices, and any other supporting evidence deemed necessary by
LACMTA to substantiate charges related to the Project (all collectively referred to as
"records") shall be open to inspection and subject to audit and reproduction by LACMTA
auditors or authorized representatives to the extent deemed necessary by LACMTA to
adequately permit evaluation of expended costs. Such records subject to audit shall also
include, without limitation, those records deemed necessary by LACMTA to evaluate and
veriff, direct and indirect costs, (including overhead allocations) as they may apply to costs
associated with the Project. Payment of retention amounts shall not occur until after the
LACMTA's final audit is completed.
1.6 The City shall cause all contractors to comply with the requirements
of Sections 7 .4 and 7.5 above. The City shall cause all contractors to cooperate fully in
fumishing or in making available to LACMTA all records deemed necessary by LACMTA
auditors or authorized representatives related to the Project.
7 .7 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall be afforded access to all of the records of the City and its
contractors related to the Project, and shall be allowed to interview any employee of the
City and its contractors through final payment to the extent reasonably practicable.
Page 8 of 17
7 .8 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall have access to the offices of the City and its contractors,
shall have access to all necessary records, including reproduction at no charge to
LACMTA, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the terms and conditions of this Agreement.
7.9 When business travel associated with the Project requires use of a
vehicle, the mileage incurred shall be reimbursed at the mileage rates set by the Internal
Revenue Service, as indicated in the United States General Services Administration Federal
Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
7.10 In accordance with Section 7.2 (c), the City shall obtain the services of
an independent auditor to conduct a single audit of the Project each year in conformance with
the provisions of OMB Circular A-133. The audit shall also include an audit of this
Agreement, as a pass through of US Department of Transportation funds. The City shall
submit a copy of each single audit to LACMTA within thiffy (30) days of its completion.
8. EXPENDITURE AND DISPOSITION OF FTJNDS
8.1 The expenditure and disposition of the Federal Funds by the City shall
be subject to and in accordance with the terms and conditions of this Agreement, the Federal
Grant and applicable requirements of the LACMTA and FTA. The City shall not utilize the
Federal Funds in any way or on any project other than that specified in this Agreement and
the Federal Grant.
8.2 The Funding Plan lists the sources of fru:ds for the Project and is
attached to this Agreement as Attachment C.
8.3 The City shall be responsible for ensuring that (1) the contractor has
completed all of the Work, (2) the contractor has performed the Work in accordance with all
applicable Project requirements and (3) all punch list items are completed. Upon completion
of the punch list, the City shall issue a Substantial Completion Statement. LACMTA shall
inform the City of any outstanding Project issue prior to the issuance of the Substantial
Completion Statement.
8.4 The City agrees to secure and provide additional non-LACMTA
programmed funds necessary to complete the Project, if the Funds identified in Attachment
C are insufficient to complete the Project.
8.5 The City is responsible for any and all cost overruns incurred as a
result of this Project. Under no circumstance will the total amount of money that
LACMTA reimburses the City exceed the amount of the Funds. Upon pwchase, all Project
components, with the exception of the Metro Rapid pole as set forth in the Scope of Work,
will become the property of the City, who shall be responsible for covering all maintenance
and repair costs over the entire useful life of this federally funded Project. LACMTA will
Page 9 of 77
be responsible for covering all maintenance and repair costs over the entire useful life of
the Metro Rapid pole.
8.6 No material changes, as determined by LACMTA in its reasonable
discretion and subject to the final discretion of the FTA, to the Funding PIan or the Scope of
Work shall be funded or allowed without an amendment to this Agreement approved and
signed by LACMTA's Chief Executive Officer or his designee. The City shall give advance
notice to LACMTA of all proposed changes to the Funding Plan or Scope of Work that the
City submits to LACMTA.
8.7 Upon completion of the Project described in the Scope of Work and
disposition of the 50% retention, any unused Federal Funds shall revert back to the FTA and
any unused Prop C Funds shall revert back to LACMTA.
8.8 The obligation for LACMTA to grant the Prop C Funds for the Project
is subject to suffrcient Prop C Funds being made available for the Project by the LACMTA
Board of Directors. If such Prop C Funds are not available for the Project, this Agreement
shall be void and LACMTA shall have no obligation to provide the Prop C Funds for the
Project turless otherwise agreed to in writing by LACMTA.
9. TIMELY USE OF FUNDS
9.1 The City shall demonstrate timely use of the Furds by expending the
Funds for allowable costs within 36 months from July I of the Fiscal Year in which the
Funds are prograrnmed, unless otherwise stated in this Agreement. AII fimds programmed in
FY 2015 are subject to lapse by June 30,2017. All Funds prograrnmed for FY 2016 are
subject to lapse by June 30,2018.
9.2 In the event this Agreement is not executed and/or evidence of timely
use of the Funds is not demonstrated as described in Section 9.1 of this Agreement, the
Project will be re-evaluated by LACMTA and the Funds may be subject to deobligation
consistent with FTA requirements. In the event that the Funds are deobligated, this
Agreement shall automatically terminate.
10. DEFAULT
A Default under this Agreement is defined as any one or more of the following: (i) the City
fails to comply with the terms and conditions contained in this Agreement, the Grant and the
Guidelines; (ii) the City fails to perform satisfactorily or to make sufficient progress toward
completion, or in breach of Section 8.6 makes a material change to the Scope of Work or the
Funding Plan without LACMTA's and FTA's prior wriuen consent or approval; or (iii) the
City is in default of any other applicable requirements of LACMTA or FTA.
Page 10 of 17
1I. REMEDIES
1 1.1 In the event of a Default by the City, LACMTA shall provide written
notice of such Default to the City with a 30-day period to cure the Default. In the event the
City fails to ctre the Default, or commit to cure the Default and commence the same within
such 30 day period and to the satisfaction of LACMTA, LACMTA shall have the following
remedies: (i) LACMTA may terminate this Agreement; (ii) LACMTA may make a
determination to make no fi.rther disbursements of funds to the City; (iii) LACMTA may
recover from the Crty any funds paid to the City after the Default; and/or (iv) any remedies
the FTA may have under the Federal Grant.
ll.2 Effective upon receipt of written notice of termination from
LACMTA, the City shall not undertake any new work with respect to this Agreement unless
so approved by LACMTA in writing, in which case the disbursement of fi.rnds shall continue
in accordance with this Agreement.
11.3 The remedies described herein are non-exclusive. LACMTA shall
have the right to enforce any and all rights and remedies herein or which may be now or
hereafter available at law or in equity.
12. SECTION 5333(b) REOUIREMENTS
12.1 For purposes of satisfring the requirements of Section 53330) of Title
49 of the U.S. Code (commonly known as Section 13c), the City shall, by signing this
Agreement, certiff its acceptance of the terms and conditions of any and all Capital
Assistance Protective A:rangements, and any other Section 5333(b) protections certified by
the Department of Labor as applicable to any Federal fi,rnding received by the City.
12.2 The City shall indemnifi, defend and hold harmless LACMTA and its
employees, officers and agents for any claims properly brought by mass transportation
employees in the City's service area pursuant to the Special Warranty, or any other Section
5333(b) agreement, that may be filed against LACMTA and that arises from any or all of the
Funds awarded to the City for the Project.
I3. COMMfII\ICATIONS
13.1 The City shall ensure that all Communication Materials contain
recognition of LACMTA's contribution to the Project as more particularly set forth in
"Funding Agreement Communications Materials Guidelines" available online
(
communications_materials_guidelines.pdf) or from the LACMTA Project Manager. The
Funding Agreement Communications Materials Guidelines may be changed from time to
time during the course of this Agreement. The City shall be responsible for complying
with the latest Funding Agreement Communications Materials Guidelines dwing the term
PagellofIT
of this Existing Agreement, unless otherwise specifically authorized in writing by the
LACMTA Chief Communications Offi cer.
13.2 For purposes of this Existing Agreement, "Communications
Materials" include, but are not limited to, press events, public and extemal newsletters,
printed materials, advertising, websites, radio and public service announcements, electronic
media, and construction site signage. A more detailed definition of "Communications
Materials" is found in the Funding Agreement Communications Materials Guidelines.
13.3 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines. These guidelines and logo files
including scalable vector files will be available through the LACMTA Project Manager.
13.4 The City shall ensure that any subcontractor, including, but not
limited to, public relations, public affairs, and/or marketing firms hired to produce Project
Communications Materials for public and external purposes will comply with the
requirements contained in this Section.
13.5 The LACMTA Project Manager shall be responsible for monitoring
City compliance with the terms and conditions of this Section. City failure to comply with
the terms of this Section shall be deemed a default hereunder and LACMTA shall have all
rights and remedies set forth herein.
14, OTIIER TERMS AND CONDITIONS
l4.l This Agreement along with the applicable requirements of the FTA,
DOL, LACMTA and the Federal Grant and the attachments and the Guidelines, constitutes
the entire understanding between the parties, with respect to the subject matter herein. The
Agreement shall not be amended, nor any provisions or breach hereof waived, except in
writing signed by the parties who agreed to the original Agreement. Adoption or revisions or
supplements to the Guidelines shall cause such revisions or supplements to become
incorporated automatically into this Agreement as though fully set forth herein.
14.2 The City is obligated to continue using the Project dedicated to the
public transportation purposes for which the Project was initially approved. The Project
right-of-way, the Project facilities constructed or reconstructed on the Project site, and/or
Project property purchased, excluding construction easements and excess property, shall
remain dedicated to public transportation use in the same proportion and scope and to the
same extent as described in this Agreement. Equipment acquired as part of the Project shall
be dedicated to that use for their full economic life cycle, including any extensions of that life
cycle achieved by reconstruction, rehabilitation, or enhancements. Furthermore, any
proposed modifications and/or removal of Project equipment affecting the Metro Rapid
pole at any bus stop included in the Project Scope of Work must be approved by
LACMTA. If LACMTA approval is not obtained under such circumstances, the City will
be required to repay the Funds associated with all Project components at said bus stops
Page 12 of 17
where such modifications were made. Funds to be repaid must be in the amount
proportional to the remaining useful life of all Project components.
14.3 Neither LACMTA nor any offrcer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or committed to
be done by the City under or in connection with any work performed by, and/or service
provided by, the City, its officers, agents, employees, contractors and subconftactors trnder
this Agreement or the Guidelines. The City shall fi,rlly indemni$, defend and hold LACMTA
and its officers, agents and employees harmless from and against any liability and expenses,
including without limitation, defense costs, any costs or liability on account of bodily injury,
death or personal inj*y of any person or for damage to or loss of use of properly, any
environmental obligatiotr, ffiy legal fees and any claims for damages of any nature
whatsoever arising out of the Project, including, without limitation: (i) use of the Funds by
the City, or its officers, agents, employees, contractors or subcontractors; (ii) challenges,
claims or litigation filed on behalf of any afflected transportation provider and/or employees'
union; (iii) breach of the City obligations under this Agreement; or (iv) any act or omission of
the City, or its officers, agents, employees, contractors or subcontractors in the performance
of the work or the provision of the services including, without limitation, the Scope of Work
described in this Agreement.
14.4 Neither party hereto shall be considered in default in the performance
of its obligations hereunder to the extent that the performance of any such obligation is
prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fire,
acts of a public enemy, and govemment acts beyond the control and without fault or
negligence of the affected party. Each party hereto shall give notice promptly to the other of
the nature and extent of any such circumstances claimed to delay, hinder, or prevent
performance of any obligations under this Agreement
14.5 The City shall comply with and ensure that work performed under this
Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP),
all applicable provisions of federal, state and local laws, statutes, ordinances, rules,
regulations and procedural requirements, including without limitation, Federal Acquisition
Regulations (FAR) and the applicable requirements and regulations of LACMTA. The City
acknowledges responsibility for obtaining copies of and complying with the terms of the most
recent federal, state or local laws and regulations and LACMTA requirements, including any
amendments thereto. LACMTA will notifr the City of any changes in federal project
requirements.
14.6 The City shall not assign this Agreement, or any part thereof, without
written consent and prior approval of LACMTA Chief Executive Officer or his designee, and
any assignment without said consent shall be void and unenforceable. Subject to all
requirements of this Agreement, the Federal Grant and all other applicable requirements of
LACMTA and FTA, including without limitation the requirement that design and
construction services be competitively procured, the City may contract with other entities,
including its affiliates in a project management role, to implement this Agreement.
Page 13 of17
14.7 This Agreement shall be govemed by Califomia law and applicable
federal law. If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in
full force without being impaired or invalidated in any way.
14.8 The terms of this Agreement shall inure to the benefit of, and shall be
binding upon, each of the parties and their respective successors and assigns.
14.9 The City in the performance of the work required by this Agreement is
not a contractor nor an agent or employee of LACMTA and afiests to no organizationa) or
personal conflicts of interest and agrees to notifr LACMTA immediately in the event that a
conflict, or the appearance thereof, arises. The City shall not represent itself as an agent or
employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
14.10 The City agrees to comply with United States Gf S.) Department of
Transportation (DOT) regulations, "lJniform Administrative Requirements for Grants and
Cooperative Agreements to public agencies," 49 C.F.R. Part 18.
14.ll The City agrees that federal laws and regulations control Project
award and implementation. The City also agrees that federal directives as def,ned in the FTA
Master Agreement set forth federal terms applicable to the Project, except to the extent that
FTA determines otherwise in writing. The City understands and agrees that unless FTA has
offered express written approval of altemative procedure or course of action differing from a
procedure or course of action set forth in the applicable federal directive, the City may incur a
violation of the terms of its Agreement if it implements an altemative procedure or course of
action not approved by FTA. LACMTA will notiff the City of any changes in federal project
requirements.
14.12 The City understands and agrees that Federal laws, regulations, and
directives applicable to the Project and to the Applicant on the date on which the FTA
Authorized Official awards Federal assistance for the Project may be modified from time to
time. [n particular, new Federal laws, regulations and directives may become effective after
the date on which the City executes the Agreement for the Project, and might apply to that
Agreement. The City agrees that the most recent of such Federal laws, regulations and
directives will govem the administration of the Project at any particular time, except to the
extent FTA determines otherwise in writing.
14.13 The City understands and agrees that it will make reference to the
Catalog of Federal Domestic Assistance (CFDA) number (20500) for the 5309 Program in all
its correspondence and reports including quarterly progress and single audit reports and
invoices.
14.14 Notice will be given to the parties at the address specified below
unless otherwise notified in writing of any changes.
Page 14 of 17
Notices to LACMTA shall be addressed to:
Scott Hartwell, Project Manager
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
MS: 99-23-2
Los Angeles, CA 90012
Notices to the City shall be addressed to:
Rafael Contreras, Project Engineer
City of Vemon
Public Works, Water, & Development Services Dept.
4305 Santa Fe Ave.
Vemon, CA 90058
14.15 The City shall address all correspondence to the FTA regarding this
Project through the LACMTA Project Manager.
14.16 The City will advise LACMTA prior to any key Project staffing
changes.
Page 15 of17
ATTACHMENTS:
Attachment A:
Attachment B:
Attachment C:
Attachment D:
Attachment E:
Attachment F:
Attachment G:
Attachment H:
LACMTA Board Approval of the Metro Rapid Five-Year Implementation
Plan
Scope of Work
Funding Plan
Expenditure Plan
Project Schedule
Quarterly ProgresslExpense Report
Reporting & Expenditure Guidelines
Project FTIP Sheet
Page 16 of 17
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
by their duly authorized representatives as of the date written above.
LOS ANGELES COTINTY METROPOLITAN TRANSPORTATION
AUTHORITY
ARTHUR T. LEAHY
Chief Executive Officer
APPROVED AS TO FORM:
Date
CITY OF VERNON
By'
MARK WHITWORTH
City Administrator
Date
By:
SCOTT PORTER
Deputy City Attomey
Date
By:
ANA BARCIA
Deputy City Clerk
Date
JOHN F. KRATTLI
PagelT oflT
10 10
Metropolitrn
Transportrlion
Authorily
One Gateway Plaza
Los Angeles. CA
e00 I 2-2952
A.
B,
C.
D.
ATTACHMENT A
PLANNING AND PROGRAMMING CONTMITTEE
September 18.2002
SUBJECT: METRO RAPID FTVE.YEAR IIVTPLENIENTATION PLAN
ACTION:APPROVE IMPLT'MENTATION OF THE METRO T(APID
FIVE.YEAR IMPLENIIINTATION PLAN
RECOM}TEND.{TIONS
Adopt the lvletro Rapid Five-Year Implementation PIan report findings and
accelerated. phased countywide expansion plan (Attachmenr A);
Set aside $92.3 million of future regional lunds to complete the Metro Rupid Five-
Year Implementation Plan (Attachment A. Table I0):
Amend the FY 2003 Special Revenue budget to include $3.8 million for Phase II
station construction. Funds are included in the FY 2002 Regional TIP for this
purpose;
Authorize the Chief Executive Officer to negotiate and execute agreements with
the local jurisdictions in each corridor so :rs to expedite deployment of the Five-
Year [mplementation Plan.
ISSUE
ln February 2002, IvITA adopted the lvletro Rapid Expansion Program, a conceptual
plan tbr expanding the Metro Rapid Demonstration Program. The Expansion Program
recommended implementing countyw'ide Metro Rapid service, and included a
selection process for evaluating the merits of candidate corridors. To build on the
progr&m's success, the Board requested th:rt staff develop an accelerated deployment
plan and return to the Board tbr consideration.
Staff is presenting a lvletro Rapid Five-Year lmplementation Plan which recornmends
dedicating $92.3 million of regional funds to implemenr 24lines on an accelerated
schedule by 2008. This recommended funding will be used to construct bus signal
pri ority, station s, and rel ated commun ications equi pment.
This Plan was developed following a rigorous selection process to identify both MTA
and Municipal Operator corridors where lvletro Rapid Program service would best
meet the needs of transit patrons (Attachment A). Corridors were evaluated on the
basis of existing success (cunent transit service). potentitl success (corridor transit
potential), and the need fortransrt (corridortransit dependence). As a result o[the
above process, 24 corridors have been ideuified for inclusioo in the Metro Rapid Five-Year
lmplementation Plan.
POLICY IMPLICATIONS
The purpose of the Metro Rapid Five-year lrnplemenutioo P]an is to introduce a new, high
quality mode of transit that will offer fast€r travel choices for bus ridcn, especially the transit-
dependent. The Metro Rapid Program is an integral pan of the adoped Long Range
Traosportation Plan,
OPTIONS
Options considered include (l) continuint to opcrate Metro Rapid along the two demonstration
corridors, but not expanding the Metro Rapid Pogram beyond these corridors, and (2) expandrng
the demonstration program with one or two additional conidors and evaluating the results of the
expanded demonstration prior to recommending a countywide system expansion of the protram.
Option I is not recommended because of the success of the Metro Rapid Demonstration
hogram. Passcnger uavel tiEEs and s€rvice quality have becn improved to the point that fhey
arc now noticed and appreciated by the public. Ridenhip has increased significantly as a result.
Option 2 is not rexommended because dara from the two Demonstradon lines was found to be
mor€ than adequate to develop reliable and consistent findings and rccommendations.
FINANCIAL IMPAET
Operating and capital cost estimates prcsented in the Lnplernentation Plan are predicaM on the
following assumptions,
OpBratinq costs - Implementadon of the Broadway and Vermont corridors in December 2002 is
scheduled at approximately 5,30O revenue service hours ($l.l million) more than prc-existing
levels during FY 2@3. Funds to implement these services are available within the existing
FY 2003 budget.
Whcn complete in FY 200E, the knplementarion Plan provides a net increase of 15.646 annual
rcvenue hours for the 24 expansion corridors over the prc€xisting s€rvice levels in those
corridors. This increase in service is within the levels assurned in the lO-year forccast.
However, based on ridership inoeases experienced on the two Metro Rapid demonstration
conidors, it is likely that additional capacity will be needed beyond the above funding. In such
cases, staff will develop for Board consideradon corridor-specifrc plans to cover ihe increase in
operating costs.
Capital Costs - Capital cost estimates are derived from the Metro Rapid Demonstration Program.
Given tlrc same design and quality of station construction. the same bus signal priority and "next
trip" display technology, and additional equipmenr io marntain and monitor each corridor, one-
time capihl costs associated with implementing the entirc prog?m arc estimated at $1I0.5
million, escalated (Five-Year lmplemenlation Plan, Table l0).
.:' PiSe:Mcuo Rrpid Fiv€. Yc.r lrDphrrlll.don Ptan
Funding for the continued implerrcntarion of Phase II is consistent wirh the l0-year financial
forecast and included in the Long Range Transportadon Plan bur not in the MTA FY 2@3
budget. Approval of this action would dircct staff ro include Phase tr capital expenditurcs and
rcvenues in MTA's Special Revenue budget. Appoximaely $4.5 miltion will be transfemd
from the MTA Capital budget since the ass€B consrructed will nor become MTA propeny.
Additionally, the FY 2003 Budget does not include station consrruction expendirures and
rcvenues for Phase II of$3.8 million rhat werc approved by the State afrer the budget was
prcpared.
BACKGROT'I{D
The Metro Rapid Demonstration Program has pmven successful with the implementation of key
attributes, including unique vehicle ard station "branding', ransit signal priority, special sutions
with "next triy''displays and informadon kiosks, and "rail-like" operadng characreristics. This
has resulted in passenger travel tinrs rcduced by approximately 25 percent and a nearty 40
p€rcent increalie in ridership, with one+hird of the incrcase new to pubtic transit. Based on this
srccess, sraff developed the Metro Rapid Expansion Pogram and preseoted it ro the Board in
February 2002. The Expansion Program identified rhe corridors which best met rhe programs'
goals and objectives, and recomrnended a phasing plan designed to constnrct r network of Merro
Rapid sewice over the nert eleven ),ears.
Accelcrated Deoloyment
At the Board's rcquest to accelerate deployment of rhe Metro Rapid Program, sraff developed rhe
Metro Rapid Five-year Implementarion Plan (Anachrnent A). The Impl€flEn]ation Plan
identifies the operating and capital costs associated wirh constnrcting and operating each
corridor, and proposcs a five-phase accelerated deployment schedule significantly shorter than
that presentcd in thc original Expansion Program. While significant staff work will be needed to
rcfine fie Plan as it moves forward to actual implementation, the accelerated schedule is
achievable. contingent on rcsolving the following issues.
A constnrction and implemenution crirical path was developed for rhe initial phase of rhe Metro
Rapid expansion program. Issues considcred in rhe cridcal parh included staaion d6ign,
fabrication, aod installationl signal priority design, construcrion, and testing; vehicte procurement
and make-rcady; schedule &velopment and operuional rraining; marteting campaigns; and
execulion of the contracts and agrtrmenls necessary to fund the construction pmgram. Two key
elemens in the critical path were the station construction and signal priority implementation
schedules.
While it is unlikely that the starion construciion conrract berween rhe City of Lns Angetes and
MTA will be executed in time to complete consrruction prior to the opening of rhe lirst two
expansion corridors planned for this December (Vermont and Broadway), it is expected that
station development will keep pace wirh the Metro Rapid phascd conidor implemenration plan
afier that point.
Mct o Rapid Fv..Y€ar ll'lpl6rDlnratirro Ptao Patc 3
The critical elemcnt in the Metm Rapid expansion schcdule is thc construction of bus signal
priority in the City of lrs Angeles, los Angeles County, and orhcr cides. The City of [os
Angeles is cunently capable of deploying appmximately 20 miles of signal priority per year. The
City believes, however, that they can double the ctrreot rate of construction provided that
additional rEsources are made available either through LADOT in-house staffing or a contractor.
Accelerated implementarion of the Five-Year Implemenration Plan is dependent on I-ADOT
resolving this imponant issue.
The County of l.os Angeles recently began bus signal priority construction along Whinier
Boulcvard as pan of the Wilshircr'Whittier Metro Rapid. The City of Beverly Hills will soon
begin consEuction along Wilshire Boulevard, also as part of the WilshireJwhlttier MetIo Rapid
Staff will work closely with the cities in each corridor to expedite bus signal priority const$ction
as futurc corridors are implemented. Table 7 of the Five-Year lmplemenladon Plan prcsens the
accelerated deployment schedule.
Deplovment Within Available Revenue
The Five-Year lmplernenution Plan assumes deployment of all Phase II Met o Rapid corddors
within available operating revenues. In order to rneet rhis linancial objective, and uking into
account the efficiency improvements rcsulting from both faster operating speeds and restructured
operator schedules, the following modificarions in Metro Rapid attributes were made. Staff will
identify additional operating hours should ridership exceed the added capacity.
o Seven Day Senn'ce - the policy of providing Metro Rapid service seven days a week
has been modified to allow &ploynrnt only within available rcvenue. In some cases,
operation of six or rven day schedules is appropriate regardless of operating cost
constraints: in other cases expansion to a seven day service is sound only if funds
become arrailable. The proposed span of Metro Rapid service recomnends that 6 of
the 24 Metro Rapid expansion corridors operac sevendays a week, 5 operate
weekdays and Satudays,6 operate all{ay onjusr weekdays, and 7 operate in just
weekday peak periods.
o Minimum Seruice Frequencies - the Metro Rapid program calls for very frequent
service as one ofthe basic atributes, with at least lGminure peak aod l2-minute off-
peak service in ordcr to attract riderc. However, 19 of the planned 24 Maro Rapid
expansion corridors will initially nu meel these minimum standard frcquencies. Th€
impact of less frequent sen ice will vary from conidor to conidor, but will result in
less ridership growlh until additional servicc can be added.
. Sen ice Copaciry - when implementing the Mctro Rapid Demonstmtion Progam,
additional capacity was deployed from the outset. On one conidor (Verlur4 this
capacity was adequate for passenger needs. However, the second corridor
(Wilshire/Whitticr) has required ongoing increases in capacity ao meet ridership
growrh. Expansion of Metro Rapid service within available operating reveoue
requircs that each line be scheduled as close ro existing hours as possible while
-' P.t 4Mcuu Rrpid FivG.Y..r unplclEr(.lrdr Pll.rl
allowing the miles to increase due to incrcas€d operaring speeds and schedule
restrucluring. It is anticipated that additlonal operating resources may be needed o
meet ridership demand.
NEXT STEPS
Consistent with the pmposed phasing plan. and working closely with each Service Sector,
agreemens will be executed with local jurisdictions to design and construct the signal priority
and sution elernents of the program. To crpedite implementation, staff will work with the
Municipal Opetators to accelerate those corridorc which have been prepared for Metro Rapid
deployment. Improvements to both the system attributes and operational performance of the
program will be made, in part, based on the results of a r€cent MTA-sponsored Metro Rapid
opcrator/customer survey. Consistent with the survey recommcndations, strff will consider
implementing one or more of the Metro Rapid attributes on other rcgional corridors in an effon
to expand the program's qualities as quickly as possible. Staff will retum to the Bo8rd wirh
progess cports as Metro Rapid corridors are implemented.
ATTACHMENT
A. Metro Rapid Five-Year lmplementation Plan
Prcpared by: Rex Crephart, Project Manager
long Range Planning & Coordination
Mclro R.Did Fiva'Y.ar lnlplcm. tatioo Phn PeEr 5
Countywide Planning & Developnrant
^gRoger SnoWe
Chief Executive Officer
Matro Rapid Fivc-Ycar lmplclEnbtion Phn F gc6
Attachment A
1_OS A]\IGEI_ES
Five Year
lmplementation Plan
L
l[Sfro Raftd
Five Year lmplementation Plan
Five Year lmplementation Plan Background
1.1 Metro Rapid Demonstration
In March 1999 the IvITA Board of Directors approved a two-corridor
Metro Rapid Demonstration Program based on a purpose and need
assessment that followed a visit to the very successful system in Curitiba,
Brazil, by some MTA Board members and staff. In June 2000, together
with the San Fernando Valley extension of the Metro Red Line, MTA
introduced Metso Rapid Lines 7N and 750 serving the Wilshire-Whittier
and Ventura corridors, respectively. From the first duy, the
demonstralion has proven successful with the implementation of key
Merro Rapid attributes, including unique vehicle and station "branding",
hansit signal prioriry, special stations with "next trip" displays and
information kiosks. and "rail-[ike" operaring characteristics. This has
resulted in passenger travel times reduced by at least 25 percent and a
nearly 40 percent increase in ridership, with one-third of the increase new
riders to public transit. IvITA's Metro Rapid program has become a
model for other transit systems in both North American and overseas.
1.2 Expansion Program
Based on this success, staff developed the Metro Rapid Expansion
Program and presented it to the Board in February 2002 The Expansion
Program identified over 20 corridors which best met the Metro Rapid
proBram goals and obie*ives, and recommended a phasing plan
designed to construct a nehvork of Metro Rapid service over the next
eleven years. The Board approved the expansion program for Metro
Rapid, but requested an acrelerated deployment of the Metro Rapid
Program.
Accelerated Deployment
Working together with the City of Los Angeles, MTA has prepared an
accelerated deployment Five Year Metro Rapid Implementation Plan.
The Implementation Plan identifies the operating and capital costs
associated with consFucting and operating each corridor, and proposes
an accelerated deployrnent schedule significantly shorter than that
presented in the original Expansion Program. While significant staff work
will be needed to refine the Plan as it moves forward to actual
implementation, the accelerated schedule is achievable, conbingent on
resolving certain issues.
2
t Los .A,ngeles County Mctropoliten Transportation Authority Page I
t
A construction and implementation critical path was developed for the
initial phase of the Metro Rapid expansion program. lssues considered in
the critical path included station design, fabrication, and installation;
signal priority design, constn:ction, and testing vehicle procurement and
make-ready; rhedule development and operational training; marketing
campaigns; and execution of the conkacts and agreements necessary to
fund the station conskuction and signal priority programs. The two key
elements in the critical path were the station construction and signal
priority implementation schedules.
2.1 Station Construction
It is unlikely that the station construction contract between the City of Los
Angeles and MTA utilizing the City's new shelter advertising contractor,
Viacom Decaux, will be executed in time to complete construction prior
to the opening of the first two expansion corridors currently planned for
December 2002 Consequently, it is recommended that implementation of
these first two expansion lines move forward with temporary stations, as
was done with the demonstration lines. It is expected that station
development in the City of Los Angeles will keep pace with Meko Rapid
corridor implementation after that point and will not be a further issue.
A second issue centers on consEuction of Metro Rapid stations in other
cifies and in the County of Los Angeles. To date, IVITA has not
constructed stations oubside the City of Los Angeles, but is moving ahead
with developing the necessary agreements to make this possible. lt is
anticipated that these agreements will be in place in time to meet station
construction schedules for June and December 2003-
2.2 Signal Priority
The second issue in the Metro Rapid expansion schedule was found to be
the signal priority construction schedule. To date, LADOT has installed
and operated all of the lransit signal priority, including certain areas
outside of the City of Los Angeles under inter-local agreements. At the
same time, MTA has been in the process of developing a test of an
altemative transit priority system along a segment of Crenshaw
Boulevard for the past several years and is likely to be ready for
operational testing in 2003. Regardless, the Five Year Metro Rapid
Implementation Plan calls for continued reliance on LADOT's highly
successful signal priority system wherever feasible. The LADOT prioritv
system has proven to be very reliable while achieving significant time
savings for Metro Rapid without noticeable impact on other traffic and at
mirumal operating and capital cost.
LADOT is currently capable of deploying approximately 20 miles of
signal priority per year. LADOT believes, however, that they can double
the current rate of construction to over 40 miles annually provided that
Los Angeles Coun N lvletropolita n Transpor tat ion A uthority Page 2
additional resourc€s are made available either through in-house saffing
or a contractor. This aeeleraEd rate of construction is anticipated to
reduce tle Metro Rapid deploymmt rtedule from eleven years to six
years (the currmt fiscal year, plus the next five), recotnizing that the Gty
of Los Angeles comFises only 2/3 of the entire 357 miles of planned
Metro Rapid service.
2.3 Other lssues
The only other issue that had a possible impact on acelerated
deployment was the availability of suitable transit vehicles for MeEo
Rapid sewice. MeEo Rapid calls for operation of low-floor standard or
high capacity buses. MTA has enotrgh NABI low-floor CNG coaches, like
those currently in operation of the Metro Rapid demonstration linet to
meet immediate term needs if they are 'rebranded" and Eansferred to
Metso Rapid. The high capacity vehide procuremmt cuntntly underway
will provide the necesary v*ricles for the balmce of the five-year Metro
Rapid implementation.
Operatlonal Plan
The successful operation of the Phase I demonstration formed the basis of
the operational elements for the Five Year MeEo Rapid lmplementation
Plan. No fundam€ntal chantes are proposed.
3.1 Metro Rapld Attlbutes
Metro Rapld ls deflned by a number of atkibutes that contribute to its
success, as shown below.
Attribute Phele I
DcnonstraUon Phase II
l. Frequent Sewict Yes Yes
2 BusSignal Riority Yes Ycs
3. Headway-basedSchedules Yes Yes
{. liimph Rouie Layout Yes Yea
5. [.ess Frequent Stops Yes Yes
6. Integrated with [.eal Bus Sewice Yes Yes
7. Level Boarding and Alighting Yes Yes
8. 'Branded" Buses and SlatiorE Yes Yes
I,os Angeles County Mekopolilan Transpc,rtation Authority Page 3
Attribute Phrs€ I
Dcnonstntion Phase [I
9. High Capacity Buses No Yes
10. Exclusive t:nes No Yes
11. All-Door Boarding No Yes
MTA revaewed the various atkibutes demonstrated in Phase I and those
planned in [hase lI to determine tleir continued viability.
The basic service attsibuies o{ frequent service, headway-based schedules,
simple route layouL less fuquent stops, int€ration with local bus service,
ard level boarding and alighting have all clearly reulted in a superior
tsaBit service based on customer, operatot and street sup€rvisor reports.
The remaining atkibutes involve additional capiral invesErent by MTA
and $rarrant additbral discussbn.
o Bus Simal Prioritv - analvsis of LADOTs bus sienal orioritv
systcrn indicates tlat it has irnproved rurming times by some 8-10
percent, while simultaneously improving headway retiability by
actively minimizing vehicle burrhing. Both faster and more
rdiable operations are maior customer att'acbrs that direcily
result in irrreased ridership and revenue. As well, the rcduced
round tsip cycle times attsibutabh to bus signal prbrity diEctly
reduce operating and capital expenses. For instance, the speed
improvement o{r Line ?20 serving Wilshire-Whittier kanslates into
nuuring time savings of lG12 minuB Fr round trip, reducing
operating experses by so* $5fi),000 arurually and eliminating
the need for },5 peak vehicles, saving between $1.6 and $1.4
million in capital costs. This makes implementation of bus signal
priority a very good rctum on investErent for MTA.
. lEle8dgdSglg135g!!3g]E9Eg - MTA's original nodel for Meko
Rapid was Curitiba Brazil's now (amous Bus Rapid TraruiL
which had "braded" serviaes. The vehicle bnnding resulb in
liltle capital cost, but requires MTA Operations and Maintenance
to have hrro fleeE ready every day, Meho Rapid and lel. This
has not been an issue as MTA Operations and Maintenance has
done an qcellmt iob in delivering the vehides and service every
day without increased cost. Th€ "branded' stations have also
rec€ived pcitive rGponse from customers, op€rators, and skeet
supervisors. Thc aspects most oftelr cited: clea differentiation
ftom local servic€, consistent with "rail-like" higher quality
service including kiosks and "real-time" pass€nter informatioo
Ionger distanc€ vbiHlity, siation gates which help prequeue
Los An6eles County Mekopolitan Transportation Authority Pagc 4
pas$srters for boarding and allow for more precise openlc
placemant of the vehic.le thereby minimizing dwell tlmes, and few
complaints from adiacmt prop€rty owners. There also have been
suggestions both intemally and o(ternally rcgarding ways to
further refine the stations to make tltem even more dfective. This
is part of the five year implemmtation plan.
o Hich Caoacitv Buses - MTA commissioned a detailed review of
the polential opportuniti€s b use high capacity buses in both
regular and Metso Rapid s6vk€. The report found that toda/s
4Sfoot buses and 5G(oot articulated buses were mature cost-
effective vehicles and had sipificant application for MTA in both
Mebo Rapid and regular operations While the five year financial
plan presanted here is based on operation of the current 4ofoot
bandt bus, the Plan will be updated for operation of high capacity
vehicles as the availability and cost of these buses becomes known
(MTA has iust released a vehicle pranrrement for ttrese buses).
. !1g!g!gQ!E - lrf,A in conaert with ftc City of Los Angeles is
initiating a lest of edrBive laneg for Meko Rapid along Wilshire
Boulevard in W6t Lc Angeles. While it is clear that exclusive
lancs will geatly help sFed Meto Rapid strvice in congested
ateas, their b€nefit is less clear in areas of less or no congestioru
While the Five Year Mero Rapid Implemmation Plan preented
here does not include exclusive lanes, the Plan will be updated
based on the findings of the Wilshire test.
o All-Door Boardine - the MTA Universat Fare system includes tlre
opability for boardin6 passengcrs with Smart Cards tluough the
rear doo(s). Ulhile €r(Fctations are that alHoor boarding will
reduce station dwell timcs, the berelit depards on pass€nter
volumes. Tirc Plan presenEd here does not include this capacity,
but il will bc consifu <rrrc€ testint is undertaken. II there are
significant benefits, Eren the Plan will be relined to include this
capability for alldoor boarding.
3.2 Metso Rapld Sarvlce Proylders
The Phase II Meho Rapid program calls lor expansion of the service area
to much of Los Anteles County. While rnost of the planned Metro Rapid
services hll within VITA's historic service corridors, four lines do not md
would be poEntial candidate for operation by municipal operators. The
lines and likely operators are:
County Metsopolitan Tr.nsportation Authority
. Pico
. SePulveda
Santa Monica Municipal Bus Lines
Culver City lUunicipal Bus Lines
. Torrance-Long Beach Torrance Transit
. Lincoln Santa Monica Municipal Bus Lines
This PIan calls for the same attributes, operaling protocols, and branding
to ensure a consistent "product" for the customer regardless of operator.
MTA witl be continuing to work closely with these Municipal operators
regarding Meko Rapid implementation.
3.3 Deployment Withln Available Revenue
Previous Board action provided funds for capital requirernents, but did
not include additional operating funds. Consequently, the Metro l(apid
Implementation Plan assumes a deployment of Phase II corridors that is
funded with available operating revenues. In order to meet this financial
requirement, and taking into account the efficiency improvements
resulting from both faster operating speeds and restmctured operator
schedules, the following modifications in Metro Rapid attributes were
made:
Seven Day Service - the policy of providing Meko Rapid service
seven days a week has been modified to allow deployment only
where appropriate from an operating cost standpoint. In some
cases, operation of six or seven day schedules is appropriate
regardless of operating cost constraints; in other cases expansion
to a seven day service is sound only if funds become available.
The proposed span o[ Metro Rapid service recommends that 6 of
the 24 Metro Rapid expansion corridors operate sevendays a
week, 5 operate weekdays and Saturdays, 5 operate all-day on just
weekdays, and 7 operate in iust weekday peak periods.
Minimum Service Freouencies - the Mefro Rapid program calls
for very frequent service as one of the basic attsibutes, with at
least LO-minute peak and 12-rninute off-peak service in order to
attract riders. However, 19 of the planned 24 Metro Rapid
expansion corridors will not meet these rninimum standard
frequencies as cunently proposed. The impact of less frequent
service will vary frorn corridor to corridor, but will result in less
ridership growth compared with the demonstration corridors
which met the minimurn requirements on opening day.
Service Capacity - the Metro Rapid Demonstration Program
deployed additional capacity from the outset. On one corridor
(Ventura) this capacity was adequate for passenger needs.
However. the second corridor pVilshire/Whittier) has required
ongoing increases in capacity to meet ridership growth.t Los Angeles County Metropolitan Transportation Authoriry Page 5
Expansion of Meno Rapid service within available operating
rwenue requires that each line be scheduled as close to existing
hours as possible while allowing the miles to incrcase due bo
increased operating speeds and schedule rcskucluring. It is
anticipated that additional operating resources may be needed to
meet ridership demand-
lmplemmtation of Metro l{apid service atkibutes as oridnally adopted in
tte Long Range Transportation Plan (LRTP) will require additional
resource. Given the ne€d to work within existint budpt limitations, the
most likely source of these additional resources will be through sewice
restruch,rring effkiencies achieved in coniunction with the Service Sectors
and Area Teams.
3.4 Development of Conidor Servlce Plans
The expansion of Metro Rapid service calls for developing corridor
servke plans that efficiently utilize vdride and labor resources in order to
maximize *rvice growth within exisHng operating revmue. To achieve
this efficimcy, the development of service plans for each conidor
involves several essential sEps;
o Review corridor ridership and characteristics to idmtify
preliminary corridor alignment, station locations, and erminal
sites.
. Continue pollcy whereby all station maint€nance costs are funded
ttrough advertising and/or local iurisdictions.
r Review current service spans, frequencies, and rurming times
. Idmtily service periods during which Meho Rapid service would
be provided (e.g., weekday peak. weekday midday, later
evenings, Saturdays, and Sundays)
o Develop sFcific seruice frequerries by time of day and running
times for both Meuo Rapid and local sewices
. Prepare "pilot" lvtetrc Rapid and local operating schedules for
costing purpos6 (these will need considerable refinement for
actual implementation)
. Determine service hours, miles, and peak vehide by corridor and
service type
e Determine additional TOS and BOC needs; plan calls for one
dedicated TOS in the field during MeEo Rapid operations and
each BOC staff to handle 56 Metro Rapid lines when
implementation is completed (thc inoestment in BOC/rOS snpporl
has proaen to intprwe rrst eficiency through the ability lo maintain
reduced ntnning times and decrw*d oehicle bun&ing).
The service plans provided the basis for determining Metro Rapid
operating and capital costs.
4 Proposed Metro Rapid Services
The proposed corridor services are those presented in the February Z)02
Meko Rapid Expansion Program with three modifications based on
continued refinement in developing the [mplementation Plan.
. South Broadway
o Vermont
. Florence
. Van Nuys
. Soto
. Crenshaw-Rossmore. Pico (two bnnchline anslidated onto only lhe Pico corridor)o Santa Monica
o Hawthome
. LonBBeach Ave
. Hollywood-Fairfax-Pasadena
o Western
. Beverly
o Vernon-l.a Genega
o Atlantic
o Cmtsal
o San Fernando-lankershim (San Fernando split into hn lines)
o WestOlympic
. Garvey{havez
o Manchester
o San Fernando (south) (San Femando split into two litus)
. Sepulveda (south)
o Torrance-LongBeach
o Lincoln
4.1 Conidor Characterlstics and Phasing
The proposed corridor characteristics including length of the Metro Rapid
line, numbs and type of stations, and average station spacing are
presentd inTable 1.
Table 1 also presents the Metro Rapid implementation groups in five
phases. The phase groupinp were based on:
Los Angeles County MeEopolitanTnnsportationAuthority ., Page 8
5
. Phase llA Erpand the network by introducingkey connections
. Phase IIB lntroduce Metro Rapid on some of the region's henaiest
corridors while continuing dnelopment oJ the netuork
. Phases IIC-llE Continue network dnelopment while t'ocusing on
major corridors
4.2 Proposed Service Leyels
The proposed Metro Rapid service is tailored to the current corridor
needs while staying within available operating revenue. The proposed
service spans and days of operation are presented in Table 2.
Table 3 presents the proposed service frequencies on each corridor. The
frequencies shown are the combined loca] and Metro Rapid service and
provide an indication of planned corridor capacity with Meho Rapid.
Metro Rapid Corridor Costs
Metro Rapid corridor operating and capital costs have been estimated
based on the planned services and the facilities, vehicles, and staff needed
to support the operation-
5.1 Service Requirements
Table 4 presents the estimated service trips, revenue hours and miles, and
peak vehicles required for the corridor, including both tocal and Metro
Rapid services in comparison with cunent services. As well, Table 4
provides a breakout of peak and total Metro Rapid buses required by
line.
The introduction of Metro Rapid will result in almost no change in peak
vehicles and revenue hours, while providing a 9-10 percent increase in
both service rrips and revenue miles. This is the rezult of Meko Rapid's
faster running.
5.2 Operating!Costs
Table 5 indicates the estimated annual operating costs for each of the
Meho Rapid corridors based on the most recent available MTA cost
allocation model for marginal costing. The incremental operaring cost of
implementing Merro Rapid over the current service operation is also
included, as well as the estimated cost of operations support staff,
including bus operalions control center and transit operations
supervision.
Metro Rapid will reult in an increase of approximately $11.6 million in
additional annual costs for the 2,1 expansion lines. This will be offset by
an additional $6-5 million in estimated new passenger revenue.
t Los A n geles County lvletroprol i tan Transportat ion A u thoritl,Page 9
5.3 Capital Costs
Table 6 presenb the estimated capital costs for Metro Rapid, induding
stations, signal priority, revenue and non-revenue vehicles, and
expansion of the Bus Operatiors Conhol Center. The overall capital cost
of $101.9 million is iust over S2,$,0(X) per mile for the additional 357
miles included in the Metro Rapid expandon program.
Metro Rapid lmplementation Phasing
The Metro Rapid corridor implementation was phased based on both
network expansion needs and ttre goal of expedlting deployment of
Metro Rapid on the heaviest corridors. The expansion of tre LADOT bus
signal priority system also inJluenced the phasing by limiting the number
of line miles insalled annually. Table 7 presents the proposed Meto
Rapid five year implementation phasing.
Metro Rapid Financial Plan
Based on the planned Five Year Implementation Plan for Metro Rapid, a
financial plan was preparcd.
Table 8 presmts the annual operating costs.
Table 9 presents the a rual capital costs.
Table 10 presenC the armual funding requirements.
Metro Rapid lmplementation
This Five Year Implementation Plan provides the init'ul groundwork for
developing the full neh,vork of Meko Rapid serviccs. There is much
additional work and refinement that will take place prior to the actual
startup of sewices:
r Finalize alignments, station locations, and end-of-line terminals,
including station layouts
. Refine the original station desiga to improve effectiveness,
increase deployment opportunities, and reduce operating and
capital costs; develop final station constsuction plan
. ldentify opportunities for excluslve lane segmmts
. Finalize siEnal priority and passenger information display
technology ttuoughout the system
. Conskuct stations and any exclusive lane segments
Los Angeles County Metropolitan T6nsportation Authority -- Page l0
. Install signal priority and passenter information display
technology
o Refine of draft operating schedules
. Secure and prepare the Metso Rapid fleet, irrluding considenation
of upcoming high capacity buses for MeEo Rapid operation
o Select and Fain operatiors salf
o Secure all necessary agreements r€quired for implernentation
The schedule for implementation of Metso Rapid Phase IIA is at pr6ent:
. December 2flE - South Broadway and Vermont
o June 2(El - Florence and Van Nuys
o December2fiB - Soto and Crenshaw-Rossmore
Tluoughou t the implemmtation praess will be close coordination
among MTa"s Metso Rapid Foup, MTA'S S€rvice Seciors, munkipal
oFratoE, and local iurisdictions.
Metro Rapid Expansion Program
i-i:rTI1u-
..-r-r- . FL..-.-.- . F L.i-i.i ..;.+.+ -.i
bl i+,
Mrtrc Rrpld P[313 |
-Venture
Wilshire.Whiltier
It/hlro Rrpld Phtrc llA
-South Broadway
Vgrmonl
Florenc€
Van Nuys
Solo
Crenshaw-Rosgmore
Mrtro RrPld Phmo llB
-Pico
Santa Monica
Haw{horne
Long Beact Blvd
llctrc RaPld Fhac ll C
-Hollyrxood- F airra x-Pasad ona
Weslern
Beverly
Vemon-La Crenega
irlgl!,r ?lu',ri,.i 't'it.:1, li rt
AUantic
Contral
San Femando-Lankorshim
West Olympic
tf,ctro RaPld Phase llE
-Garvsrchaver
Manchesler
San Fornando (soulh)
Sepulveda (south)
Torance.Long Beach
Llncoln
Mrtro Rrpld Trrnrltwrye
&ladale ?.ryeo
UrrtlRrt' - ;, -. lr.r.rcoruu6l6
-
EAUO9
tyl6lTs !11[
-t
d:
*l 1...
tr.,
"t
Table 1
Metro Rapid Corridor Characteristics
t6
t7
13
n
r5
0-79
1-07
0.67
0.85
14.7
13.5
13.6
12,8
15.6
12.1
z2
t5
18
t6
20
13
0.67
0.90
0.76
0-80
0.78
0.93
Tabte 2
Metro Rapid Corrldor Proposed Service Spans
Weekday
Poak
Weetday
illdday
Weekday
Evenlngt Saturday Sunday
tgo
-G
r'emonl
ilotence
r'an Nuys
Soto
]ranshaw-Roesmore
I
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
I
x
x
x
o
T'0)
-c,
SsrE tlootrc.
tlarflrorrie
LongBcaqh Bhd
x
x
x
x
x
,X
.x
x
(,
lllo
aG
l'ldy,wooeFdtfar-Pasadene
Wosfiom
Berrdy
UemoDLa Clonaga
x
x
x
x
x
x x x x
o
=tuo
-a
.x
x
,x
,I
a.l.
x
i- -i- -:.-, .
,i '' .-. -
:: " :.14i/
" 5i:1
' .-..i-.
u,l
uro
-G
Garey.Chawz
Manclraster
San Fernardo (south)
Sepulveda (eouth)
Tonancetong Eeacfi
Urcdn
x
x
x
x
x
x
x
x
x
x
' WoWay ewfuE infrrlles selin llrtl ogaatrr eller 9:@ gtr.
Uarre '.
:! - .^, iri rdiiianoor-orbrihd; ' :
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It
I
Iable 5
Annual Gorrldor Operating Coet Comparison
Phare tt operaorqg cost u I ttse,aoa.ooo tt7rJGt,ooo gtt,s5s,@ t
' Exi*ing ryrali}rg @st iactfras Mh h@l edtiariiled servbes ut the aildor in fl2002 ddF,rs.2 Prry*a opnlrag oost frraUdas bth tiletro Ragid ad lwlsrvbes on lhe rrlnidrlr in Fnru2doflars.
Metro Rapid Une
UJo
EE
Sortr\ Brcadway
Vermonl
Floonce
Van Nuys
Solo
ftenshaw-Rossmre
37.$1.m0 $.484,@0 E1,153.0m 15.7%
$0,476.0@ 511.555,qp 31,079.0(n 10.3%
36,017,0d) 3{t.,l5l.m0 $44O,OOO 7.3%
t6,929,0q) tr.f,rlr.@o 3676.(xn 9.E%
$5,752,000 t6.186.0m S431.0([I 7.5%
t6,336,0O gt,f26,(rc0 St90.0q, c2%
o
u,o
E
@
Uv€sbm
Boredy
Vernoo.La Gbnege
t'r0236.m 311.137.mO tqn.qn &E%
t8297.0m $.8ne.m0 Esql,(E 6.Eor
t6.10ri.00 tq441.ql0 t256.000 4.fi(
35.s'18.00 E5,648,m0 3120.000 2,f*
UI
UJID
ZG
Ganqffiavez
llandreSer
San Femardo (3rrutr)
Sepulveda (salth)
furanco{ortg Beaci
Unodn
E1r,321.(p0 E10.9s0.000 (t37.t.fip) -3.s%
$5,02eq,0 35,122,0@ $1dr,000 2.eA
ry,794,000 37,515.000 ($278,0001 -3.6%
53,372,000 33.504,000 013:1,(E0 3.sx
$2(r2,qn $207.0m 35.000 a.2%
34311.000 51.633,000 S122.ff'O 10.09(
'd
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Table 7
Five Year lmplementatlon Phaslng
tlotio R.pld Llno
FY2002 - FY2003 FY2003 - FY2004 FY200. - FY2003 1Y2005 - FY200E FY2006 - FY2o07 FY2007 - FY2008 TOTAL
Soulh Brcadway
Vermont
Floronc€
Van Nuys
Soto
Ctcn6haw-RorsmorD
10,5
fi.9
10.3
21.4
10.0
18.8
r0,5
11.9
10.3
21,4
10,0
.l4.8
17.3
20.2
r6.7
Hollywood-Falrfax-Pasadena
Ws3tsm
Beverly
Vernon-La Clenega
21.6
t3.t
t1.0
rE.t
Oawey-Chevez
Manchsstor
San Fernando (south)
Sepulveda (south)
Iorrsnce.Long Bsach
Lincoln
14.7
13.5
13.0
12.8
15.6
12.1
Phaae ll 2.41 60.6 I 7r.5 | 62.r I t?.7 I 02.3 I 156.3
6att
b'iDO5l
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Table 9
Five Year Plan Gapltal Gosts
Motro Rapld Llnc
, ;.:i.. ; - , . ;. ": ',r,rl,' 'r:,
""rrot
c-c!F.(Ft200QrD.pllan),
FY2002 FY2003 FY2003 FY200a FV200r n695 FY2005 Fi200c FY2o06 FY200'FYAOOT FY2OOE
r(
UJU'(
q
Sruth Eroaduray
vermont
Florence
Van Nuys
Sob
Crenshaw-Rosgmore
s2,800,200
t4,59E,000
93,290,@
s4,730,200
s2.715,000
t3,621,E00
o
lrlo{&
iy
'19 {:
t,.r
(,
lrlo
-o.
Hollywood-Fdilax-Pasadena
Westsm
Beverly
Y€mon-La Clenoga
!r,701,rco
35.8&t,900
t4,259,000
s6,398,€00
o
u,l
1r,fG
+:i
1.: ,f'
,".4:.:'",i#.':
't '..'i ..i,.i.
t7;ef7ig00
. l.', t3,269,100,, !-4.e$i*tr'ir tilrgs,eoo
ul
u!o(
G
Galey.Chavez
MancfieEler
San Fsmando (sqlhf
Sopulvsda (soulh)
Toranca.Long Eeach
Llnooln
13.729,000
t3.356,200
i4,009.300
t2,90!r,000
i6.315.2@
12.Eo62o0
Total Phare ll t7J9&600 1 3rl,eSC,COol 3ttJ4O,3OO l UO,COTJOO I 320.!2r.7OO l tZl.tZO,SOO
Arl cosls ere in FY2OO2 tlollars.
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ATTACHMENT B
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
AND CITY OF VERNON METRO RAPID BUS STATION IMPLEMENTATION
SCOPE OF WORK
Backsround
Launched in June 2000, the Metro Rapid Demonstration Program consisted of two
Iines - one along Ventura Boulevard in the San Fernando Valley and the other along the
Wilshire/Whittier corridor. The purpose of the Metro Rapid Program was to provide faster
regional bus travel by implementing Bus Rapid Transit (BRT) attributes. The key features of
Metro Rapid that make it faster and easier to use include simple route layout, frequent service,
greater distance between stops, low-floor buses to facilitate boarding and alighting, transit
signal priority at intersections, and branded buses and bus stops.
Building on the success of the demonstration program, in September 2002, the Los Angeles
County Metropolitan Transportation Authority's (LACMTA) Board of Directors adopted the
Metro Rapid Five-Year Implementation Plan and set aside regional funds to both expand and
complete the program, including funds for Metro Rapid stations along each of the existing
Metro Rapid lines. These stations will include such amenities as bus shelters, lighting, trash
receptacles, seating, Metro Rapid poles and signs, and future real-time passenger information
displays. These unique stations will not only serve to identify and "brand" the system, but
they will also enhance the overall safety and transit experience of City residents waiting to
take transit.
The Metro Rapid Program currently consists of 24 lines. Three of those lines, including the
Soto, Long Beach, and Vernon-La Cienega Metro Rapid lines, operate through the City of
Vernon. This Agreement provides the City of Vernon with Metro Rapid station amenities
along these three lines at ten (10) locations within the City's limits.
Proiect Description
The scope of work for this project shall include the installation of Metro Rapid station
amenities at 10 Metro Rapid stop locations within the City's boundaries. These Metro Rapid
station amenities shall consist of the following components: bus shelters, benches, Iighting,
trash receptacles, advertisement kiosks, and Metro Rapid poles and signs. Conceptual designs
for both the shelters and branded poles and signs are attached at the end of this Scope of Work
along with general performance specifications for each of the various station components.
LACMTA will be responsible for the design, fabrication, installation, and funding of all
station components and will coordinate station installation with the City.
The City shall be responsible for working with both LACMTA and its contractor on the
installation of these various station amenities, including working with the contractor on any
necessary City permit approvals. LACMTA shall reimburse the City for all eligible design
Page I of3
and engineering review time and project management costs as shown in Attachment D - the
Expenditure Plan.
The City shall also be responsible for the removal and relocation of three (3) existing bus
shelters at Metro Rapid bus stop locations identified in this Scope of Work in order to
accommodate the new stations. LACMTA shall reimburse the City for the removal and
relocation of these existing shelters as also shown in Attachment D.
LACMTA will install a total of l0 bus shelters, l0 trash receptacles, 10 benches, 10 Metro
Rapid poles and signs, and 3 advertisement kiosks at the following locations:
Stop Location Direction NearsidelFarside Corner
1 SotoAy'ernon'Northbound Nearside Southeast
2 Soto/Vernon'Southbound Nearside Northwest
J Soto/Fruitland Northbound Nearside Southeast
4 Soto/Fruitland Southbound Nearside Northwest
5 Pacific/Santa Fe Eastbound Farside Southeast
6 Pacific/Santa Fe'Westbound Nearside Northeast
7 Vernon/Santa Fe Westbound Farside Northwest
8 Pacific/RR Xine Westbound Nearside Northeast
9 Pacific/Fruitland Northbound Nearside Southeast
l0 Pacific/Fruitland Southbound Nearside Northwest
I Install advertisement kiosk
Proiect Budget
Design/Engineering Review
Shelter Relocation
Construction Management
Total Project Budget
Funding Sources
Federal CMAQ (88.53%)
LACMTA Proposition C25 (11.47%)
LACMTA Local
Total Project Budget
$ 12,500
$ 3,000
$ 12.s00
$ 28,000
s 22,133
s 2,867
$ 3.000
$ 28,000
Page 2 of 3
Proiect Milestones
Design and Construction Bid & Award
Construction
Start date:
End date:
Start date:
End date:
Oct.1,2074
Mar.31,2075
Apr. 1,2015
Dec.3l,2015
Page 3 of3
Vernon
Line: Metro Rapid 760 Long Beach
Stop: Pacific - Fruitland
Direction: Northbound, Near Side
Fruitlond
O
'-
o
o_
@
@
raffic Signal Plate
Modified By: JGCountywide Planning and Development Dote: s/26/2o1s
P
Vernon
Line: Metro Rapid 760 Long Beach
Stop: Pacific - Fruitland
Direction: Southbound, Near Side
Ot
Oo
o_
Countywide Planning and Development
Legend
9-6 0
/
E
tf,
e
-or
r}
itlond
Conceptual Station Design
Bus Shelterr Structure Style: Two post with offset canopy wings
o Stnrctural Glass Canopy System
r Mounted with concrete footings
r Modular Design
o Approximately 13' in length
o Approximately 10' in height
o Canopy depth of approximately 5'6" andJor 7'6" - depending on sidewalk width
o LED lighting
o Solar powered
o Future retrofit of a real time passenger information display LED panel
Side View
Rear Wing
Rear View Night View with LED Lighting
Trash Recentacle
o 45 gallon capacity
o Single-stream litter receptacle
o Surface mounted
Bench
o Bench with seat dividers/armrests
o Seating for three adults
o Surface mounted
Kiosk
o Surface mounted
Solar Heat Resistant Glass Canopy
l' ' \r'
--
Metro Lollipop Rapid Pylon
Signage ittustrated in this package
is for DESIGN INTENT 0NLY and
NOT FOR FABRICATION.
April r, zor4
@ r"r,o
Pyton btade atways points away lrom the street
I
+
1 1'-8" AFF
C u rb/sidewatk
per city setback
regutations
@-#wr.o.rorrorlF
condition varies
Location ol pylon has to be fietd verified due to variabte
sight tine or streetscape instattation lactors in the
urban environment
0ptimaI dimensions range 6' to 9'
A SIDEELEVATIoN
Bus shelter and bench shown
for scale reference and not part
of this scope of work
Ld&a.B.cAFri5t
Cornor O,ora Lor tuldd (@q M.roPh..TEn.rcton Adhodq (kMT o. MGr.) dr r8hr,.r.d &I.orithr .nd od.rnlCldu.l pbp.qrighB (i!cn rr, d.riy ntht., t.d.m.ft, ac)
d.ryn.trd.lpd.do,.mtrhd@nklkp.!cG)rM.intrh.p,oFrtorucMI lhi.
h.rd.L rry d h pnil.a. qd. rlp.odued, '+uuBhd, dtpl.rd. nd'tu. r.ur.d. o u..56[d
'n.nrq,*i6out Fo *tu Froi.londWilTA u*o Oodv.9d(6 oT.no.nr
Aq un.uhrid rF@ or !r.n.t h. idarh ol.prkbk h
@r",ro****I Le.d De5igner I Proj€ct Mgr
lsMcLauqht'n lxeueno GS-001
AS NOTEO
i b')
Bus shsttor shown for Ecal6 retorenca
and not part o, thiE scope of $,ork
I
It
Existing bus btade ldashedl
I
Location of Metro Louipop Rapid pylon must be fietd verified
based on location o, existing bus btade.
Pyton must be placed on opposite end oJ shetter rrom btade.
I
I
v
Locatlon of pyton has to be field verified due to variable
sight ilne or etrestscapE instaltation factors in the
urbEn Envlronment,
optlmat dlmanrlons range 6' to 9'.
STREET
DIRECTION OF APPROACHING TRAFFIC
h alt@illrhry&turytb&5rit
Metro
Loi &t.L1 cA 9', 19t2
c.p/lahr O:o'a Lo. &adE Couhry tr.uoPlhnTn.rpoEtion turhonq {UCMTA or M.rol All ilihr.rt.,.d A.t.oyNir Dd 6S.rlnr.lkdr.l p,6p.ry nthB (rud.., a*iii,itho, o.d.n.ilr,.r.)
or.ry n.Edil prdd or6.r.lmd or dB/hn tst.Gl Go.iB $. prp.rry ducMIA Thi.mxuhhhqidhpnnEd.qid,npdld.,.p!tkhd,dBplryd.n.driid,E!sd.o.u.Entr.d
r. r^, w.t d$@r pdord.n p.,rr$h ilWUTA M.uo C..{m itur Oprilfr.nr
lry dDahdnd qdud@ q !r. rryb. iohaq d.ppiobl hs
o
hl{-@iteb+CtuhtFstr Srlt
Metro
Cottar with cap
Atuminum ftange
3M 280i reftective white
vinyl adhered to front of
white acrytic M
Painted b[ack atuminum
Reftective white vinyt
Atuminum ftange
Painted red atuminum
Aluminum tube
Spun atuminum cover plate
over aluminum base plate
LosAng.l.. CA pE 2$r
copy.ith! @ 2ort LosAns.r6.ou.vM.ropolhnnlnspo.Etion A!rho,[, (UCMTA orM{,o) all nghB
r.!.d.d anr.opFlhr rnd 06.rrnr.lr..ru.lprop.ny.gh.s (!u.h E, daigi ithB, trrd.mrB, d( )
or.nynrrnlpoedldD,.ontrmdonfiE^h.sep.B.F),.m.i.!rh.propuryofucMIA rh!r.
m:rai.kh., nor brpil.led, coPled,,ep.oduc.d,,epublleh.d, dEphyed, nodl6ed, r.ur.d o, r,.rml!.d
'nrntwzlvlhourpilo,w.tr.np?rilk.ioi.lucMIA M.rotdrrves.-'as o.P.^d.nt
Aif unrurhodz.d EprcducLion or u!. m4 be. v'ohton otrppl..br. hw!
LOCATION ELEVATION
Project Titto & 0.5crlplion
r4,70{0
[,1elro Lollrpop Raprd Pylon
Attachment C
LACMTA AND CITY OF VERNON METRO RAPID BUS STATION IMPLEMENTATION
FUNDING PLAN
Fundinq Source FY 2015 FY 2016 TOTAL
Federal CMAQ - (88.53%)
LACMTA Prop C25 - (11.47o/o)
LACMTA Local Funds
10,624
1,376
2,000
11,509
1,491
1,000
22,133
2.867
3,000
TOTAL $ 14,ooo $ 14,ooo $28,000
Attachment D
LACMTA AND CITY OF VERNON METRO RAPID BUS STATION IMPLEMENTATION
EXPENDITURE PLAN
FY 20'15 FY 2016
TOTAL
Q1 Q2 Q3 Q4 Q1 Q2
Design/Engineering Review
Shelter Relocation
Construction Management
1,000 1,000 1,000
1,000
4,000
1,000
5,000
4,000
1,000
5,000
1,500
2,500
12,500
3,000
12,500
TOTAL $ 1,000 $ l,ooo $ 2,000 $ 10,000 $ 10,000 $ 4,ooo $ 28,000
Attachment E
LACMTA AND CITY OF VERNON METRO RAPID BUS STATION IMPLEMENTATION
PROJECT SCHEDULE
Design/Engineering Review
Shelter Relocation
Construction Management
Attachment F
I,ACMTA FA
QUAmERLY PROGRESS / flpENSE REPiORT
PRO'ECT SPONSORS ARE REQUESTED TO SUBMTT THtS REPORT
TO THE LACMTA PROIECT MANAGER RESPONSTBLE FOR THIS
PROTECT during or after the close of each month. Please note that
letters or other forms of documentation may not be substituted for
this form. Refer to the Reporting & Expenditure Guidelines
(Attachment G) for further information.
Please itemize grant-related charges for this Quarter on Page 5 ofthis report and indude totals in this Section.
l-ACMTA Grant
t
Local Match (lncl
ln-Kind)
g
Local Match Total
3
Ihis Quarter Expenditure
Retention Amount
Net lnvoice Amount (Less Retention)
:unds Expended to Date (lnclude this
fuarter)
fotal Project Budget
'/o of Project Budget Expended to Date
3alance Remaining
Page I of 5
lnvoice #
Invoice Date
FA#
Cuarterlv Reoort #
'roject Quarter Expenditure
Project-to-Date Expenditure
QUARTERLY REPORT SUBMITTED FOR:
PROJECT TITLE:
FA #:
Fiscal Year :
Quarter:
DATE SUBMITTED:
lzou-zols
!et, .tut - s"p
!o:: Jan - Mar
! zors-zoro
! oz,oct-Dec
! oa,Apr-Jun
LACMTA Project Mgr.
Name:
Area Team:
Phone Number:
-.-mail:
Project Sponsor Contact /
Project Manager
Contact Name:
Job Title:
Department:
CiW / Aqencv:
lvlailinq Address:
Phone Number:
e-mail:
Page 2 of 5
List all deliverables and milestones as slated in the FA, with stad and end dates Calculate lhe total project duration DO NOT CHANGE THE
ORIGINAL FI M/LESTONE START AND END OATES SHOI4/N IN THE zND AND 3RD COLUMNS BELOW.
Grantees must make every effott to accurately poftray mileslone dates in the oiginal FA Scope of Wot*, since ahls will ptovide ll,e basis for calculating
any project delay. lt milestone stad and/or end dates change lrom those stated in the Oiginal FA Scope oF Wot*, indicale lhe new dates under Actual
Schedule below and re-calculate lhe project duration Howevet lhis does not change the oiginal mileslones in your FA PER YOUR FUNDING
AGREEMENT, ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR
WRITTEN CONCURRENCE.
FA Milestones
Original FA Schedule in Scope of
Work Actual Schedule
Start Date End Date Start Date End Date
Total Project Duration (Months)
A Based on the comparison of the original and actual project milestone schedules above, projecl is (select only one) :
I-lOn schedule per original FA schedule
l-l e"t*""n 12-24 months behind original schedule
l-lLess than 12 months behind original schedule
[-lUor" than 24 months behind original schedule
B. Was the project design started within 6 months of the date originally stated in the FA?
! v""fl "o ! ltot nppticarte
C Was a construction contract or capital purchase executed within g months after completion of design / specifications?
! ves E *o f| Not nppticabte
Page 3 of 5
List tasks or milestones accomplished and progress made this quarter.
lf project is delayed, describe reasons for delay (this quarter). Pay particular aftention to
same reason as mentioned in previous quartens, please indicate by writing "Same as Previous Quarter".
lf the project is delayed (as described in #4),have been, or be, undertaken to resolve the delay.
Page 4 of 5
All expenses and charges, including grant and local match, must be itemized and listed below Each item listed must be veriliable by an invoice
and/or other proper documentation The total Amounts shown here musl be equal to this quarier's expenditures listed on page 1 of this report All
expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work Use additional pages
if needed
Notes:
1 Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant
2 All receipts, invoices, and time sheets. attached and included with this Expense Report must be listed and shown under the lnvoice Number
column of the ltemized Listing (above)
tnvoice Payment lnformation:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable al2'13-922-6107 .
ACH Request Forms can be found at www.metro neUcallforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable a|213-922-6107.
I certify that I am the responsible Project Manager or fiscal officer and representative of
and that to the best of my knowledge and belief the information
stated in this report is true and correct.
Signature Date
Name Title
,l
t
11
12
t3
Page 5 of 5
ITEM INVOICEJ CHARGES
TOTAL
Attachment G
REPORTING & EXPENDITURX GUIDELINES
REPORTING PROCEDURES
Monthly/Quarterly Expense Report and Monthly/Quarterly Progress Report (Attachment F) are required
for all projects. No funds will be disbursed unless these reports have been submitted and approved by
the Metro based on the Funding Agreement (FA) reporting schedule.
The Monthly/Quarterly Progress Report covers all activities related to the project. It is essential that
Grantee provide complete and adequate response to all the questions. ln cases where there are no
activities to report, or problems causing delays, clear explanation, including actions to remedy the
situation, must be provided.
The Monthly/Quarterly Expense Report lists all costs incurred. The expenses listed must be supported
by appropriate documentation such as invoices, receipts, time sheets, etc. Every invoice or receipt must
be accompanied with a clear explanation of its purpose and its relevance to the project.
The Monthly/Quarterly Expense Report must reflect the share of local match, including in-kind, charged
to the grant. If reported charges to local match are below the committed ratio (grant to local
match) as indicated in the project FA, Metro may automatically adjust the grant payment
accordingly or payment may be withheld at the discretion of the Metro Project Manager.
Monthly/Quarterly reports are due on the 15th day of the months of October, January, April and July.
Reporting schedule is based on the fiscal year as follows:
Quarter Report Due Date
July - September
October - December
January - March
April - June
EXPENDITI]RE GI'IDELINES
October 15
January 15
April l5
July 15
Any activity or expense charged above and beyond the approved Scope of Work (Attachment B) is
considered ineliqible and will not be reimbursed by the Metro unless nrior written authorization has
been granted by the Metro Chief Executive Officer or his designee.
Any expense charged to the grant or local match, including in-kind, must be clearly and directly related
to the project.
Any activity or expense charged as local match cannot be applied to any other Metro-funded or non-
Metro-funded projects; activities or expenses related to a previously funded project cannot be used as
Iocal match for the current project.
o Administrative cost is the ongoing expense incurred by the grantee for the duration of the project and for
the direct benefit of the project as specified in the Scope of Work (Attachment B). Examples of
administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs
must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project.
Additionally, expenses must be reasonable and appropriate to the activities related to the project.
o Metro is not responsible for, and will not reimburse any costs incurred by the Grantee prior to the
execution of the FA, unless written authorization has been granted by the Metro Chief Executive
Officer or her designee.
o The FA is considered executed when the Metro Chief Executive Officer or her designee signs the
document.
DEFINITIONS
o Local Participation: Where local participation consists of "in-kind" contributions rather than funds, the
following contributions may be included:
o Costs incurred by a local jurisdiction to successfully complete the project. Examples include
engineering, design, rights-of-way purchase, and construction management costs.
r Donations of land, building space, supplies, equipment, loaned equipment, or loaned building
space dedicated to the project.
o Donations of volunteer services dedicated to the project.
o A third-party contribution of services, land, building space, supplies or equipment dedicated to
the project.
o Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary,
consistent with established practices of the organization, and consistent with industry standard of pay for
work classification.
o Excessive Cost: Any expense deemed "excessive" by Metro staff will be adjusted to reflect a
"reasonable and customary" level. For detail definition of "reasonable cost", please refer to the Federal
Register OMB Circulars A-87 Cosl Principals for State and Local Governments; and A-122 Cost
P r inc ip al s for N onpr ofit A ganiz at ions .
o In-eligible Expenditures: Any activity or expense charged above and beyond the approved Scope of
Work is considered in-eligible.
Poecl oescription: MErRo MPID BUS srArloNS-PHASE ll: INCLUDES coMMUNlcArloNs & EoulPMENr - Equipmant and SPrtf^rf [flS#'"tofiff]io,
Bus Shelters only PM: Michaet Richm ai - l.2131922-2558
Email: Richmaim@metro.n6t
b:,[- h'&?"?Y#1,.,,, -,.,,.
System :Transit Route: Postmilo: 0 to 0 Phase: Environmenlal DocumenuPro-Design Phase (PAED) Completion Date 1213'll2o13
Transit Rt: Transil Mode: Fare: Trans Fee: Prk Ride L@: Air Basin: SCAB Envir Ooc: CATEGORICALLY EXEMPT - 12130120C3
Uza:LosAngeles-Long Sub-Araa: Sub-Regiofl:
Beach-Santa Ana
Headway Peak: Headway OP Stop Time : Parking $: Stop Oist CTIPS lO: 20920001980 EA #: PPNO:
ProqEm Code: NCR10 - PASSENGER BENCHES & SMALL SHELTERS Stop LG:
PHASE pRtOR 12/13 13t14 14t15 15/16 16117 17t18 BEYOND TOTAL
PE
RW
coN
suBrorAL lI
5so9b - FTA New Rall Seds PE $O | $0
RW$olto
coN $16,700 I $16.i0o
suBTorAL $i6,7oo I sro,zoo
AGENCY-Agency PE $0
RW $O
coN $47.155
$47,1 55
CMAQ - Congestion Mitigation Ar Quality PE $0
RW $O
coN $46.14s
I
TOTALPE: 50 TOTALRW: 3t TOTALCON: 3110.000
dcsign lh.t t@k longor lhan anlicip.t€d to @mpl6lc
- irdsling Commm:
- TCM Comm.nt:
- NrmilE: Prcjec{ @d stlys tho samo
Changed Projcct Comphiis Dstc:
- trom "10112012'to'1 1DO13"
No change in poiocl tunding
Change reason:Carry Over, MINOR CHANGE Total Cost $110.000
ATTACHMENT H
Los Angeles Metropolitan Transportation Authority
2013 Federa! Trans ($oool
Page 1 Monday, June 2, 2014
rre ro l[QQg{lJ lmplementing Agency Los Angeles County MTA
SUBTOTAL $46.,I45
REGEEVED
DEC 0 1 2014
RECEIVED
DEC 0 1 201{
CIIY CLERl('S OFFICE STA
PUBLIC WORKS, WATER & D
December 912014
Honorable Mayor and City Council4l
Samuel Kevin Wilson, Director of Community Services & Water
Recommendation to authorize the Mayor to Send a ktter to the Los Angeles
Metropolitan Transportation Authority Stating the City of Vernon's Preferred
Alignment for the West Santa Ana Branch Transit Corridor Project
DATE:
TO:
BY:
RE:
Recommendation
It is recommended that the City Council:
l) Find that the mailing of a letter to the Los Angeles Metropolitan Transportation Authority
(Metro) regarding the City's preferred alignment for the West Santa Ana Branch Transit Corridor Project
is exempt under the California Environmental Quality Act (CEQA) in accordance with Section
15061(bX3), the general rule that CEQA only applies to projects that may have an effect on the
environment. Additionally, an Environmental Impact Report will be prepared by Metro prior to the
commencement of construction of the project.
2) Authorize the Mayor to execute a letter to the Los Angeles Metropolitan Transportation
Authority advising that the City Council has determined that the City of Vernon's preferred northern
alignment for the West Santa Ana Branch Transit Corridor Project is along the Metro Blue line corridor
from Randolph Street to Washington Blvd., and that if an alignment is selected through Vernon that it
shall be fully grade separated.
Background
The Los Angeles Metropolitan Transportation Authority (Meto) is cunently preparing a refurement
study ofthe northem alignment of the West Santa Ana Branch Transit Corridor Project. The project is also
commonly refened to as the Eco Rapid Transit line. MTA has retained Parsons Brinkerhoffto prepare the
Study. The original alternative analysis prepared by the Southem California Association of Governments
showed two potential alignments. One of the routes utilized the Union Pacific Railroad alignment paralleling
Downey Road through Vemon. Because of severe right of way constraints as this alignment approaches Union
Station in the City of Los Angeles this route does not appear to be viable. The second alignment proposed to
route the transit line through Vernon by traversing norlfierly along Pacific Boulevard, as the line approaches
Santa Fe Avenue it would then transition onto the BNSF Railroad right of way paralleling Santa Fe Avenue.
The transit corridor is currently proposed to be at grade from the south City boundary to just north of Vemon
Avenue where it would transition onto an aerial structure. City has several concems with this proposed
alignment as outlined below.
l)The Vernon City Civic Center including the City's Police Station and one of its Fire Stations
is located approximately 700 feet east of West Bank Alternative 3 alignment (the BNSF
Railroad right of way which parallels Santa Fe Avenue). While the City of Vernon sees
many benefits to this alignment it also raises many concerns especially in regards to public
safety response times and traffic impacts. The City was advised that the transit line would
operate on five minute headways in each direction during peak periods. The safety gates
would be down approximately 40 seconds during each train crossing. Based on this, during
peak periods the gate could be down blocking traffic up to 25Yo of the time. This will cause
additional back up on already congested streets. The City's Public Safety sector prides itself
in its response time that it provides to its citizens. Average response times for the City Police
Department are 3 minutes and 13 seconds. The Fire Department has similar response times.
Since the transit corridor is not proposed to be grade separated in this area the transit line will
greatly impact these response times, potentially putting our citizens and business community
at a greater risk.
The BNSF Harbor Subdivision rail corridor that will be utilized for the West Bank 3
alignment currently provides freight rail service to businesses in Vernon. A comprehensive
study must be conducted to fully understand if any properties will have their rail service
totally eliminated. Abandonment of freight service on this line could potentially negatively
impact property values in Vernon and could cause certain businesses to leave or incur great
costs to truck the materials to their site if they cannot be provided rail service.
Vernon is unlike any other community in the County. The City is made up almost
exclusively of industrial, commercial, distribution and trucking firms. While the transit line
may serve the community by providing an aternative mode of transportation for its
employees, an at grade transit line will play havoc on the movement of freight through our
City. There are very few east west roadways traversing the City. The proposed transit line
will bisect these roadways exasperating roadway congestion to an intolerable situation
especially during rush hour peaks as employees arrive to work. Additionally, the transit line
will bisect several dead end streets. The businesses at the end of the these streets will be cut
off when a train passes by resulting in reduced response times on public safety emergency
calls, delays of vehicular movements into and out of their properties and more than likely
reduced property values because of the inaccessibility the transit line has caused.
Large truck access is needed for virtually every business in Vernon including those along
Pacific Blvd. Most properties along Pacific Blvd. only have access off of Pacific Blvd.
While Pacific Blvd. has sufficient width to accommodate the transit line a street running
transit line proposes to eliminate left turn movements along this street. These turning
movements are vital to the City's circulation system along Pacific Blvd. and will have a
tremendous impact on the business lining the street. The elimination of left turn movements
along Pacific Blvd. does not appear to be an option.
As the transit corridor travels north of the City it transitions into Santa Fe Avenue. Santa Fe
Avenue has very high traffic volumes and serves as one of the primary connections from
Vernon to the County's freeway system. While the transit line is proposed to be elevated
through this section the right of way in Santa Fe Avenue is narrow and cannot accommodate
the new transit line without widening of the roadway. Elimination of left had turning
movements; especially at the I-10 onramps is not an acceptable option. Currently the lengths
of the turn pockets are inadequate. Careful examination must be made to determine how the
transit line can exist within this section of Santa Fe Avenue.
2)
3)
4)
s)
At a recent meeting with Meto and its consultant a viable alternative was proposed. This altemative
would route the transit line on an elevated structure along the Mefio Blue line conidor paralleling Long Beach
Avenue just west of the Vemon's Boundary. Attached herewith is a map showing the alternative alignment.
This grade separated altemative would alleviate many of the concems raised above. While the City may not
receive the economic benefit of having a station located within its boundary, it would also not have to endure
the taffrc chaos raised during the construction and operation of the tansit line. It appears that the benefits of the
Blue line alignment for the West Santa Ana Branch Transit Corridor Project outweigh the benefits of having an
at grade alignment through Vemon.
It is therefore recommended that the Mayor send a letter to METRO stating that the City of Vernon
strongly supports the northem alignment of the West Santa Ana Branch Transit Corridor Project on an elevated
structure along the METRO Blue line route which parallels Long Beach Avenue in the City of Los Angeles. In
addition, METRO shall analyze the possibility of constructing a tansit stop at Vemon Avenue Blue line station
that can also serve as a shuttle stop for a bus system to serve the Vernon community and its more than 50,000
employees. Lastly, if after further study it is found that the Blue line alternative is not feasible, that METRO be
advised that any proposed alignment ofthe West Santa Ana Branch Transit Corridor Projectthrough Vemon
will be required to be fully grade separated.
Fiscal Imnact
The proposed project will be funded by METRO and the Federal Government; therefore there is
no fiscal impact to the City of Vernon.
Enclozures
Legend
E38-1
-38-2
-
wB, opt. 3
South of H.P.
bhF
4i
trff-l
Long Beach/
Slau so n
RECEi\/ED
NOV 2014
RECEIVED
Nov 2 5 201{
CITY ADM
CIilC STAFF REPORT
ORKS, WATER AND DEVELOPMENT
DATE:
TO:
FROM:
RE:
December 9,2014
Honorable Mayor and City Council
Samuel Kevin Wilso tor of Public Works, Water and Development Services
Presentation on Proposed T.antng Am endments
Recommendation
No action is required at this time. A presentation to City Council will be made on proposed
zoning amendments. It is recommended that the presentation be received and filed and that City
Council provide staff with guidance on the proposed zoning amendments and on any further
modifications to the Zoning Ordinance that it feels is appropriate.
Background
City Staff began a thorough review of the City's ZoningOrdinance in2012 to create a zoning
overlay zone where new housing could be accommodated. As part of this process and public outreach
through the City's Business Development Commission it was determined that additional zoning
amendments should be incoqporated into the zoning ordinance to enhance development within the City
and to better protect its businesses and residents. Since creating a new zone for a housing project was
of imminent importance City staff concentrated its initial effort on creating zoning provisions for a new
housing and emergency shelter overlay zone within the City. This was completed in early 2013. Upon
completion of this phase City staff, working with its consultant, continue to review and develop
additional proposed zoning revisions, including the creation ofa new trucking overlay zone, the
expansion of the commercial overlay, the development of a temporary use and minor conditional use
permit process along with numerous other technical provisions. Staff would like to make a brief
presentation to City Council on the proposed zoning amendments and seek guidance from City Council
on these amendments. Attached herewith is a redline copy of the City's Zoning ordinance comparing
the proposed amendments versus the City's current zoning Ordinance.
If City Council is in concurrence with the proposed zoning amendments, then staff proposes to
host public workshops with the community on the proposed amendments and circulate the
environmental document on the project in accordance with CEQA guidelines. After receiving
comments from the public, City Staff will prepare an ordinance amending the zoning code for City
Council consideration in the February-March 2015 timeframe.
COMPREHENSI\TE
ZONING ORDINANCE
OF THE CITY OF YERNON
2014
Amended Februa
COMPREHENSIYE ZONING ORDINANCE
OF THE
CITY OF \MRNON
Chapter 26 of
The Code of the City of Vemon
Effective Date of This Ordinance
Jmury 1,6,2008
Amended
I'&rehFebmary 5,2073
\mendcd Novcmbe t -201
Table of Contents
COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF \TERNON
PAGE
Inttoduction.
Tide........... ......I-1
Puq>ose and Intent. ..........I-1
Intelpretation and Conflicts. ...............I-1
Applicability. ............... .......I-1
Vested Right.......... .............I-
Severability ....r-26I-2
Statute of Limitations for Actions Attacking General PIan,
Zonng Ordinance, or Zontng Decisions.. ............I-
Zone and Ovetlay Zones.II-1r
Zone and Oveday Zones of the City............ .. m-l
Comprehensive Zoning M^p. .......... ................ m-
Uncertainty as to Ovetlay Zone Boundaries ..IIl-2
Keeping of ZonngMrp........... ....il1-2
General Industry Q Zone. ... N-11+26IV-1
Commercial-1 (C-1) Overlay Zore. ....'IY-71MIV-11
Commercial-2 (C-2) Ovetlay Zore. ...1Y-1'2
Slaughtering (S) Overlay 2one....... ......\r-l4Mtv-14
I-lL
Article II. Definitions.II-lr
Sec.26.1.1.
Sec.26.7.2.
Sec.26.1.3.
9ec.26.1.4.
Sec. 26.1.5.
Sec.26.7.6.
Sec.26.7.7.
26.2.
Sec.26.2.1.
9ec.26.2.2.
Sec.26.2.3.
Sec.26.2.4.
$ec.26.2.5.
9ec.26.2.6.
Sec.26.2.7.
Sec.26.2.8.
Sec.26.2.9.
Sec.26.2.10.
Sec.26.2.1,1,.
Sec.26.2.12.
9ec.26.2.1,3.
Sec.26.2.1,4.
Sec.26.2.15.
Article III.
Article III. ones, Permitted IJses, Development Standards, and Site Planning Standards.
III-1
9ec.26.3.7.
9ec.26.3.2.
Sec.26.3.3.
Sec.26.3.4.
Sec.26.4.7.
Sec.26.4.2.
Sec.26.4.3.
Sec.26.4.4.
Chapter 26. Comprehensive Zoning Ordinance
Table of Contents
Sec.26.4.45.
Sec.26.4.56.
Article
Sec. 26.5.1.
Sec.26.5.2.
Sec. 26.5.3.
9ec.26.6.7.
1ec.26.6.2.
5ec.26.6.3.
5ec.26.6.4.
Sec.26.6.5.
5ec.26.6-6.
5ec.26.6.57.
9ec.26.7.1.
Sec.26.7.2.
Sec.26.7.3.
Article VIII
Sec.26.8.1.
Sec.26.8.2.
Sec. 26.8.3.
Sec.26.9.1..
Sec.26.9.2.
Sec.26.9.3.
ensity Bonuses.
Rendedng @) Oveday 2one.......... IV-15IV-I+
Housing (FI) Overlay
Zon .......IV-15
IV-1;
Sec. 26.4.8.Emergency Shelter (E) Oveday Zone.
# ................IV-18
Article VI. Special Regulations and Procedutes.v-
Regulations Applicable to the IZone and Overlay Zones.IV.F
Off-Street Parking and Loading Facilities. .................... V-l -7
Legal Nonconfotming Status. .................V-1 -74
-)t
v12(
-1]
evelopment Agreement
Sec.26.6
Sec.26.6.10.
Reasonable Accommodad.on.
Article YII Zorllng Regulations fot Adult ot Sexually Oriented Businesses.
Zoning Regulations for Off-Site Outdoor Advertising Structues.t-1
Genetal Conditions ..........VI[-1 III-1
Chapter 26. Comprehensive Zomng Ordinance
Article I. Introduction.
Article X. Enforcement.
Sec. 26.10.1. ApplicationofArticle......x-1
Comptehensive Zoning Map of the City of Yernon
IX-1
2 Chapter 26. Comprehensive Zoning Ordinance
Article I. Introduction.
Chaptet 26. Comprehensive Zoning Ordinance
Article I. Inttoduction.
I
Sec.26.1.1. Title.
This Chapter and the accompanyingZonngMap shall be known as the "Comprehensive lsning
Ordinance of the City of Yernon' (hereinaftet this "Chapter'), which for convenience may be
refertedtoasthe,,Zoningotdinance,,ol..thiSordinance,,.
ffi
$ec.26.L2. Purpose and Intent.
The pupose of this Chapter is to consolidate and coordinate all existing zoning regulations and
provisions into one comprehensive zoning plan that designates, regulates, and restricts the use,
locadon, and size of Buildings, Ancillary Structures, and land for industtial uses and other petrritted
purposes and that establishes performance and development standards in otder to protect the public
health, safety, and welfare. To achieve these purposes, this Chaptet establishes one Zone within the
City (Industrial) and vadous Overlay Zones of such number, shape, al;.d. area. as have been deemed
best suited to carry out these regulations and provide fot the administration and enforcement of said
regulations. It is declared that in the enactrnent of this Chapter, the City Council has given due and
special consideration to the indusrial nature of the City, and to the City's continuing focus on
providing a suitable location for indusuy and the inftastructure and senrices required to sefire
industrial activities. The City's intent is to continue to support the ongoing industdal chatactet of
the City, while recognizing the changing industdal environment throughout the United States and
globally, and to tespond appropdately. The City Council has fi:rther sedously considered the impact
of the City's pervasive industtial environment and resulting land use incompatibilities with certain
other uses as a result of, among other issues, the storage, use, transportadon, and processing of
hazardous materials; background contamination; noxious odots; noise pollution; and truck and
milroad naffic throughout the City.
Sec.26.1.3. IntelpretationandConflicts.
This Chapter supersedes and teplaces all priot zoning codes or ordinances and amendments thereto,
and represents the entke and complete zoning otdinance for the City as of the date of its effective
date. Wherever the requirements of this Chapter are ztvatiance with the requLements of any other
lawfully adopted rule, reguladon, or ordinance, the most testtictive or that imposing the higher
standards shall govern.
Sec.26.1.4. Applicability.
This Chaptet shall apply as follows:
9ec.26.1.4-1. Buildings, Ancillary Stuctutes, and Lots. Except as provided by this Chapter, no
Building Ancillary Structure, or Lot shall hereafter be used or occupied and no Building or Ancillary
Stucture or part thereof shall be erected, moved, or alteted unless in conformity with the
I-1 Chapter 26. Comprehensive Zoning Ordinance
Article I. Introduction.
regulations herein specified for the Zone or. Overlay Zone rn which it is located, and then only aftet
securing all permits and licenses required by any law or ordinance.
5ec.26.1.4-2. Licenses and Petmits. No City official, offi.cer, or employee or anyone acting
upenon behalf of such person shall issue any license ot permit for uses, Buildings, or purposes
cofltt^ry to, or in violation of, the provisions of this Chapter.
9ec.26.1.4-3. Authority. Whenever a power is gtanted to or a duty imposed upon a public officer
by this Chapter, the power may be exercised ot the duty may be petformed by the City Council, that
officer or a duly authorized representadve of that offi.cer, or a person authorized pursuant to law or
ordinance, unless this Chapter exptessly provides otherwise.
Sec. 26.1.5. Vested Right.
Nothing in this Chapter shall ueate ot be construed to cteate any vested nght ifl any Person.
Sec.26.1.6. Sevetability.
If any provision ot clause of this Chapter or the application thereof to any Person ot ci.tcumstance is
held invalid, such invalidity shall not affect other provisions or applications of this Chapter which
can be carried out without the invalid provision or application, and to this end the ptovisions of this
Chapter are declated to be severable.
Sec.26.l.l. Stanrte of Limitations fot Actions Attacking General Plan, lsr.ing Otdinance,
sllsrning Decisions.
Except as otherrrise provided in the Califomia Govemment Codg Section 65009,-subdirrisieas{d)
ffid{* no acdon or proceeding to attac\ review, set aside, void, or annul the City Council's decision
to adopt ot amend its general plan or this Code, or any decision on the gantiflg or denial of a
Conditional Use Permit, Minor Conditional Use Perrnig Temporary Use Petmig Yaiarce, or
Development Agreement, or to determine the reasonableness, legality, or validity of al;y condition
attached to a Conditional Use Permit, Minor Conditional Use Perrnit, Temporary Use Permig
Variance, or Development Agteemeflt ot Ltty o er permig or conceming zny of the proceedings,
acts, or determinations taken, done, or made prior to any decision in connection with any of the
above, shall be maintained by any Person unless such acdon ot ptoceeding is commenced and
sen'ice is made on the City Council within nin.ty (90) days after the date of the City Council's
decision. Thereafter all Persons are barted from any such action ot proceeding or any defense of
invalidity or unreasonableness of such decision or of such proceedings, acts, or deterrninadons.
Chapter 26. Comprehensive Zoning Ordinance r-2
Article II. Definitions.
Article II. Definitions.
A*dele{L-II
26.2. Purpose of Definitions; Words Defined.
For the purpose of this Chapter, certain words and terms are defined and shall be construed as
herein set fotth unless otherwise expressly stated, ot unless the context cleady indicates a different
intention. W'ords defined herein may have different definitions in diffetent Chapters of this Code.
Sec.26.2.L Definitions(A).
Adult or Sexually Oriented Businesses shall have the same meaning as defined in Chapter 5,
Amendmenf shall meafl a change in the wording, cofltext, or substance of this Chaptet or a change
in the Zorie or Oveday Zone boundaries or Zone or Ovetlay Zone classifications upon the Zonng
M^P.
Ancillaty Sttucturc shall mean any structure that is built or constructed to be used in connection
with the use of the Property on which it is located, including items such as a fence, wall, s,
sign, or other structure built or composed of parts joined together in some definite mannet,
excluding a Building, and shall also include any equipment anchored to the ground.
Aacillaty [/se shall mean a use customarily incidental or subordinate to a Petson's Permitted Use,
Area occupied by the Person's Permitted Us
Permitted Use.
Auto Wrecket - see J.rok ot Salvage Business.
Awning shall mean an architectural projection that pr des weathet ptotection, identity, or
decoration, and which projects from and is wholly supported by the extedor wall of a building to
which it is attached, requiring no addidonal struc e(s) for support. An awning is typically
composed of canvas or other similar material,
II-1 Chapter 26. Comprehensive Zoning Ordinance
Article II. Definitions.
Sec.26.2.2. Definitions (B).
Barc shall mean establishments that primadly serye alcoholic beverages (not including testautants
that primarily serve food, and that also serve alcoholic beverages), including, without limitation,
tavems; and nightclubs;-an*danee*a[s. Bx shall not include an Adult or Sexually Oriented
Business, even if it serves alcoholic bevetages.
Building shall mean any structure having a pefinaneot roof suppoted by columns or walls and
attached to the gound.
Sec.26.2.3. Definitions (C).
CEQA shall mean the Califomia Environmental Quality Act, Califomia Public Resoutces Code
Sections 21000-21177.
Cheage of Use ftl]shall me fl ^rty new use or change of activity, including a
colnmencement of a new business activity,
Chapter shall mean this Chaptet 26; Comprehensive Zontng Otdinance of the City of Vernon.
Cityshillmean the City of Vernon.
City Council shall mean the City Council of the City of Vemon.
Code shall mean the Municipal Code of the City of Vemon.
CoId Storuge Varchouse shall mean a Building or part of a Building used pdmarily to store
Fahtenheit (35") or lower, excluding areas used fot the ptocessing, preparing, or packaging of such
goods fot storage.
Commercial [/se shall mean businesses that ptovide goods ot serr.ices-+o-cmpleye'e+eF$usiaeeses
, including but not limited to banks, publishing and pdnting
shops,equipmentrentalandleasing,offi.ces,automodvercpak,and@
BushessesUrgent Care Facilities.
Chapter 26. Comprehensive Zoning Ordinance II-2
Article II. Definitions.
Community Facilities shall mean Buildings and facilities intended to be used by the general public
(or segments of the general public), including, without limitadon, private schools (including special
purpose schools, such as nrrsery schools;+tade*ehoelq ot special interest schools, but not including
trade schools), gpnasiurmq libraries, museulns, senior ciitzet centers, day care centets,
hospitals and emergency rooms, muld-use facilities, such as YMCAs and community centets,
cemeteries, and other similar faciJities, but not including 2 ftsligious Use or a Convendon and
Ente eflt Venue, as defined below.
Conditional Use Permit shall mean a discredonary permit granted by the City Council for certain
uses of Property not permitted of right because such uses require special teview and may be subiect
to special condid.ons. The requirements fot a Conditional Use Permit ate set foth in Section 26.6.3.
Contactot's Yatd shzlT mean a permanent site that houses a contractot's equipment or materials;
L-Ises, or Bars.
5ec.26.2.4. Definitions(D-E).
Data Centet shall mean a Building with a controlled environment used for housing alarge amount
of electonic equipment, typically computers and communicadons equipment, fot the purpose of
cteating a hosted computer environment.
Density shall mean the total number of petmanent residential dwelling units per ace of land,
exclusive of all existing public t-of-way surfaces or similar property.
Development Agreemearshall meafl a contract duly executed and l.grlly binding between the City
of Vemon and a developer(s) pursuant to Government Code Sections 65864 through 65869.5 et seq.
Development Standatds shall mean the development and performance standatds descdbed in
Dircctot shall mean the City of Vemon Director of Public S7orks, lVatet, and Development
Se ces.
Ddve-Tfuough or Ddve-Up Facilities. An establis ent that sells products ot provrdes services
to occupants in vehicles, including drive-in or drive-up windows and drive-through se ces
examples include fast food restaurants, banks, and pharmacies.
II-3 Chapter 26. Comprehensive Zonhg Ordinance
Article II. Definitions.
Dwelling Unit - see Residence.
Emergenq Shehet, pursuant to California Health and Safety Code Section 50801(e), shall mean a
faciJity that provides immediate and short-term housing to homeless persons or families on a fust-
come, ftst-serve basis whete the individual(s) must v^c te the facility each morning and have no
guaranteed bed for the next night. No individual or household may be denied emergency shelter
because of inability to pay.
Sec.26.2.5. Definitions (F-G).
Businesses and o Parlors.
Floot Arca shall mean the total Loizortzl area of all floors contained within the exterior walls of all
Buildings, measured by the exterior dimensions of the Building, on a Lot. It shall include elevated
access to such storage areas, but not where the same are used to provide access solely to machinery
or equipment and are not normally occupied, except to maintain the equipment.
Floor Arca Ratio shall mean the ratio of the Floor Area of all Buildings ofl a Lot to the
Le area of that Lot.
Force Majeure shall mean an event that is not within the control of the owner of the Property,
including, without limitation, earthquake, flood, fue, and acts of war or terrorism.
to another; provided, however, that such use in connecdon with the operation of a Warehouse Use
stored lo r than 72 hours, see'qWarehouse use").
alternadve fuel, ricants, parts, and accessoties, that lrrray include accessory minor maintenance and
tepair of automobiles and light trucks, vars, ot similar size vehicles (i.e., vehicles that have gtoss
vehicle we ts less than 10,000 pounds). Minot rcpalr does include body and fendet wotk.
Garage shall mean a structure or pordon of a structure completely enclosed by walls or doors on all
sides that is designed or used to shelter one (1) or mote Parking Spaces.
Chapter 26. Comprehensive Zoning Ordinance II-4
Article II. Definitions.
$ec.26.2.6. Definitions (H-I).
Ifazatdous Waste Facility shall mean any facility or locadon which has a primary function to store
or process, fteat, transfer, dispose of, or recycle all substances de ed as hazatdous waste, acutely
hazardous waste, exftemely hazardous waste, ot biohzzetdous waste as defined by the State of
Hotel shall mean any building cofltaining two (2) or more individual rooms or suites of rooms
intended ot designed to be used, or which are used, tented, or hired out to be occupied fot sleeping
or housing pu{poses by guests. Hotels include motels, boarding houses, test homes, sanitadums,
dormitories, arrd any other structure or Building other thrn a Residence or Emetgency Shelter used
for the housing or sleeping of humans.
fncideatal Use shall mean a use that is in connection with a Petson's Permitted IJse, as further
m space, that occupies more than twenty percent QUW but less than fifty percent
(5070) of the gtoss Floor Atea occupied by the Petson's Permitted Us
fndusuial Gas Maaufactudng shallmean the separation of the consdtuents of air into liquid or
gaseous form for storage, transport, or cylindet filling, and the distribution and sale of those
products, as well as othet related welding gases.
Industry or fadustial (/se shall mean the manufactute or ptoduction of any saleable ardcle,
substance, or commodity, so long as the process adds substantial value to the article, substance, or
commodity, and shall not include tasks primarily consisting of collecting, sordng, shipping
distdbuting, or inspecting goods from or in a warehouse or terminal. Indusuial Use includes uses
ancillary to the manufacturing ot ptoduction process, such as storage, use, generad.on, and disposal
of. hazardous materials (as defined in federal and state laws and regulations) incidental to a
manufacturing or producdon process; recycling incidental to a manufacturing or production Process;
and use of space for Ancillary Use.
$ec.26.2.1. Definitions ()-K).
Iunk ot Salvage Busiaess shall mean an auto wrecker or ^ny business dealing in, selling,
distributing, or buying for resale scrap materials (that is, used or waste materials) that tequke
processing or recycling to be usefrrl, including, without limitad.on, metal, cloth, paPer, glass, wood,
cardboard, plastics, or comparable matter, including used consumer products, but shall not include a
yxd anctlaty to an Industrial Use. Junk or Salvage Business shall not include a business that
processes or recycles the scrap materials on-site as a Recycling Facility.
II-5 Chapter 26. Comprehensive Zoning Ordinance
Article II. Definitions.
Sec.26.2.8. Definitions(L).
Laadscaping shall mean
^rL ^te^ devoted to the gtowing of plants, including ftees, shrubs, grasses,
or groundcovets for the visual or aesthedc enioyment of people. Landscaping may include synthetic
tutf, fountains or sculpture in a minor portion of the area.
Legal Nonconfomting Building or Standatds shall mean a Building or Ancillary Structure or
portion thereof which was lawfrrlly etected or altered and mainained but which, because of the
application of this Chaptet, no longer conforms to the regulations set forth in this ehap+e{ode
applicable to the Zone or Overlay Zone tl which such Building or Ancillary Structure is located,
including failue to comply urith the Development Standards or Site Planning Standards applicable
to such Zorte ot Oveday Zone.
Legal Nonconforming Use shall mean a use which was lawfully established and maintained but
which, because of the application of this ehaptetChapter, no longer conforms to the regulations set
foth in this ehaptetChaptet applicable to the Zone or Oveday Zone in which such use is located.
Loading Space shall mean an off-street space that is maintained for the parking of a vehicle while
loading or unloading merchandise or matedds from the vehicle into a bud@tsuilding located on
the same Lot as the space.
Lotshdl mean a quantity ot parcel of land in the possession of, or owned by, ot tecorded as the
property of the same claimant or Person, and that is:
(") A parcel of real property when shown as a delineated parcel of land with a number
or otler designation on a tract or plat map recorded in the offi.ce of the County
Recordeq
(b) A parcel of land, the dimensions and boundaries of which are defined by a record of
survey recotded pursuant to the provisions of the Subdivision Map Act of the Sate
in the office of the County Recotdet; ot
G) A legal lot ot parcel as defined in the Califomia Subdivision Map Act.
(.t) Where parcels of land in the same ou/nership are separately legally descdbed and are
developed as permitted by this Code, such individual parcels shall be considered as
separate Lots, but if a covenant that ties two or more Lots has been recorded, all of
the tied Lots shall be ueated as one Lot.
5ec.26.2.9. Definitions (M-O).
Maiot Alterution ot Repait shall mean a tenovadon, alteradon, ot tepair for which the hard costs
chatged, incurted, ot paid fot such tenovad.on, alteration, or repair, over a three year pedod,
commencing when the permit, if required, is issued, or if no petmit is tequfued, when the physical
portion of the tenovation, altetadon, or tepair is commenced, equals or exceeds fifty percent (50o/o)
of the cuffent fair market value of all of the BuildL located on the same Lot. For purposes of this
Chapter, the cost of the tenovadon, altemdon, ot tepair shall exclude ^ny costs incurred fot
Chapter 26. Comprehensive Zoning Ordinance II-6
Article II. DeEnitions.
environmental investigadon, tesdng, and remediation. For purposes of this Chapter, current fair
market value shall be determined based only on the value of the Building, and shall not include the
value of the unimproved land, any personal property or equipment, or any parking lot ot
landscaping. Fair market value shall not include the cost or value of the contemplated renovadon,
altemdon, or repair, and shall be determined without reference to damage caused by an event of
Force Majeure, tf any. If the owner and the City do not agree on the cuffent fair market value, the
parties shall rely on a current appraisal by an independent third party MAI appraiser having at least
five (5) years' commercial real estate appraisal experience in the Los Angeles, Califomia metropolitan
area, obtained by the owner, at the owner's expense.
Mariiuana Dispensary, Stote, Co-op, ot Cultivation shall mean and include
any location, structure, facitty, residence, ot similar to the same used, ifl full or in part, as a place at
or in which maijuarra is sold, traded, exchanged, bartered for in a;rry w^y, made avu)able, located,
stored, placed, planted, cultivated, or processed, including any of the fotegoing if used in connecd.on
with the delivery of madiuana.
Mastet PIan of Sueets shall mean the Master Plan of Streets of the City of Vemon.
Minot Altetatioa ot Repait shall mean a renovad.on, alteradon, or tepair fot which the hard costs
charged, incurred, or paid for such renovadon, altetadon, ot tepair, over a three yeat pedod,
commencing when the permit, if required, is issued, or if no permit is required, when the physical
portion of the renovadon, alteradon, or repair is commenced, does not equal or exceed fifty percent
(50%o) of the current fair market value of all of the Buildings located on the same Lot. For pulposes
of this Chapter, the cost of the tenovadon, alteradon, or repair shall exclude any costs incured for
environmental investigation, testing, and remediation. For purposes of this Chaptet, cuffeflt fair
market value shall be determined based only on the value of the Building, and shall not include the
value of the unimproved la;rrd, zrry personal property or equipment, or any patking lot or
landscaping. Fafu market value shall not include the cost or value of the contemplated tenovadon,
alteradon, or repair, and shall be determined without tefetence to damage caused by an event of
Force Majeure, tf any. If the owner and the City do not agree on the current fair market value, the
parties shall rely on a crrrent appraisal by an independent third party MAI appraiset having at least
f,ve (5) years' commercial teal estate appraisal experience in the Los Angeles, Califomia metropolitan
ttea, obtained by the owner, at the owner's expense.
[-7 Chapter 26. Comprehensive Zoning Ordinance
Article II. Definitions.
Minor Coaditional Use Permit shall mean a discredonary permit granted by the Director for
certain uses of Property not permitted of right because such uses requfue specid ter.iew and may be
subject to special conditions.
Itlew Constructioa shall mean the construction of a new Building that is not attached to an existing
Building.
Occupanq shall mcan thc purposc folrhich a Building or part thctcof, is uscd or intcndcd to bc
used.
as; but not limited tq real estate fitms, medical and ptofessional offices, stock brokerages, and bond
and insurance firms.
OutdoorAdvettising Sttuctute shall mean any sign,logo, picture, transparency, mechanical device,
billboard, or other representadon (whethet or not it includes wotds or logos)
that is located off-site from the Property where the ptoduct ot senrice is offered and is intended to
^ttrzct attendon to any commodity, good, ptoduct, or service for any business or nofl-profit pulpose
or entity. An Outdoor Advertising Structute shall not include any such sign ot other structure that
tlitgcl5 atl-crrliot Lu L[rc activiLy corrduc[ed, soltl, ot offctctl upon drc Propetty whctc thc sign ot
other structure is located.
Outdoot Storage and Actiuities shall mean any use of Property fot purposes of tempotury or
permanent storage of raw matedals, storage or display of Enished products ot other materials, and
including insallation or storage of equipment (whethet operadonal in the business or not
operational) that is located outside of a Building, except for parking of cars and trucks.
Sec.26.2.10. Definitions (P-Q).
Petmitted Use shall mean ^ use that is permitted on a Lot, either by right as set forth in this
Pe or LS a Legal Nonconforming Use.
Percon shall mean an individual, endty, or goveflrmental agency other than the City of Vernon.
Petoleum Refinety shall mean an establishment or plant primarily engaged in producing gasoline,
kerosene, distillate fuel oils, tesidual fuel oils, lubricants, and other products from crude petroleum
and its fractionation products through straight distillation, redistillation, ctacking, or othet processes.
Chapter 26. Comprehensive Zoning Ordinance II-8
Article II. Definitions.
Petoleum-Related [/se shall mean an establishment or plant fot the blending or processing of
petroleum products but not including a Petroleum Refinery or Petroleum Storage FaciJity.
Petroleum-Related Use does not include storage of fuel as an Ancillary Use to a Permitted Use.
Petoleum Storage Facility shall mean an establishmeflt, including a tank farm, for keeping and
storing gasoline, kerosene, distillate fueI oils, residual fuel oils, lubricants, and other pettoleum
products, but not including storage of fuel as an Ancillary Use. Petoleum-Related use does not
include storage of fuel as an Ancillary Use to a Permitted Use.
Pnperty shall mean alJ. tdiacent Lots undet colnmofl ownetship.
Public Stotage shall mean a structure or series of structures divided into small secd.ons and used by
the general public for storage of goods or materials.
Sec. 26.2.11. Definitions (R).
materi.als; o to conveft them and manufactute a ptoduct made wholly or pardy from
tecycled materials, including a biodiesel facility. For these purposes, recycling shall mean a Process
involving reconstituting materials that would otherwise become waste and teruming them to the
economic mainsffeam in the form of taw maLtetirals for new reuses ot reconsdtuted products which
meet the quality standards necessary to be used in the matketplace. Recycling Facility does not
include recycling activities undettaken as an Ancillary Use to a Permitted Use.
Religious [/se shall mean use of a Lot for religrous assemblies, institutions, ot structutes. Re us
Rendedng Plant shall meal ^fl establishment where one or mote of the following items is cooked,
melted down, extracted, clarifled, ot otherwise processed to ptoduce oil, tallow, grease, fedhzer
(other than fertilizer from manure), animal feed, ot ash: catcasses of animals or fowl, dead animals
or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathets, food scraps of waste, and
other animal, fowl, or fish byproducts. Rendering Plant shall not include an establishment
exclusively producing fats, oils, Iard, or sirnilar products for human consumption; nor, a tendering
process in connecdon with and incidental to a slaughterhouse, abattoir, packing plant, ot similar
establishment producing food fot human consumpton.
Residence shall mean and include one or more rooms in a Building managed or used as living
quarters, including, without limitation: a Building ot Buildings used as a single-family dwelling or a
multi-family dwelling; a Building or Buildings used as a live-in treatment faciltty, substance abuse
II-9 Chapter 26. Comprehensive Zonhg Ordinance
Article II. Definitions.
center, half-way house, or home for seniot cidzens, disabled persons, or othet tesidential care
facilities; and dwelling units reserved for use by a resident owner, caretaket, watchman, emetgency
personnel, or maintenance petsonnel. Emetgency Shelter is specifically excluded from this
definition.
Residential Use shall mean the development and use of a property exclusively with a Residence or
Residences, mrd ar;ry accessory uses or Buitdings customarily associated with a tesideaeeResidence,
such as but flot limited to private receadonal facilities, private open space, and on-site support
facilities to residents of the property.
Retail Use shall meafl a business pt the point of final sale of goods directly to customers,
Right-of-way shall mean the planned future ultimate width of a Steet as determined by the Master
Plan of Streets.
Sec. 26.2.1i2. Definitions (S).
Saluage Yard- seeJunkot Salvage Business.
Setvet Fatm - see Data Centet.
Site Plaaaiag t Standatds shall mean the land use standards descdbed
Slaughtedag shdl mean the industdal process of butchering animals and &essing and ptepating
the products of theit carcasses fot food or othet uryoses.
Sound Level shall mean the quantity in decibels measured by a sound level meter satisfring the
tequirements of Ametican National Standatds Specif,cation for Sound Level Meters S1.4. The
sound level meter shall be set at "r{' weighting ar;td at "SLOW' dynamic chatactedstic.
s event.
pdnted face and does not have a Digitzl Display.
Chapter 26. Comprehensive Zoning Ordinance II-10
Article II. Definitions.
Steet shall mean (a) zny public road or street (including a highway or freeway) or sidewalk owned
or controlled by any goveflrmental entity, or (b) any pdvate recorded thoroughfate that affotds a
means of access to an abutting Lot.
Suppottive Housing shall mean housing with no limit on length of stay that is occupied by the
target population as defined in the Califomia Health and Safety Code Section 50675.14, and that is
linked to on-site or off-site sen ices that assist tenants to retain the housing, improve their health
status, maximize their ability to live, and when possible, to wotk in the community.
Sec. 26.2.7i. Definitions (T).
n1
Trailet shall mean any vehicle or structure having no foundation othet than wheels, blocks, skids,
jacks, horses, or skildng, and which is, has been, ot reasonably may be equipped with wheels ot
othet devices for transporting the structute from place to place whether by motor powet or other
means. The term Trailer shall include camp car, house car, mobile home, camper, recread.onal
vehicle (R9, ot other vehicle whose uses may include cooking or sleeping.
Trailet Park shill mean any Lot ot portion theteof used or designed to accommodate two Q) o,
more Trailers used for housekeeping or sleeping or living quatters, and such definition shall include
trailet coults, mobile home coufts, and mobile home parks.
Transitional lfousing shall mean temporary rental housing with length of stay that ranges between
six (6) months to two Q) yexs for homeless individuals or families who are transitioning to
permanent housing, operated under program requirements that call fot the termination of assistance
and recirculation of the assisted unit to another eligible progtam recipient at some ptedetermined
future point in time.
Trunsportation-Related Use shall mean any use that is the same or similat to a Fteight Terminal
or Truck Terminal, or that supports the movement of goods or people, such as taxi dispatch. A
Transportation-Related Use shall not include a public Sfteet or railroad dghtRight-of-way.
II-1 1 Chapter 26. Comprehensive Zoning Ordinance
Article II. DeEnitions.
Trash to Energy Facilities shall mean the process of creating energy in the form of electricity or
heat ftom waste conversion.
primrrily for the storage, maintenance, repair, ot servicing of highway-type vehicles catrying persons
or property including, but not limited to, trucks and buses. Truck Terminal does not include
parking of vehicles in coonection with a Permitted Use or repairing ot maintaining vehicles used in
connecdon with a Permitted IJse on the same Lot as the Permitted Use.
Sec. 26.2.14. Definitions (U-V).
Variance shall mean an exception to the required Development Stan&rds ot Site Planning
Standards applicable to a Property gtanted by the City Council based on the citeit and findings set
forth in Section 26.6.L, ' es."
Vibration shall mean discrete ground movement as measured by peak particle velocity in inches per
second.
Sec. 26.2.15. Definitions (W-Z).
Watehouse f/se shall mean a tsuilding or of used primarily fbr the
stotage of saleable goods or taw materials to be incoqpotated into saleable goods (including storage
for distribution to other locations for wholesale or retail sale), but not including a Cold Storage
'Watehouse. The storage of scap materials shall not consdtute a Warehouse Use.
Zone and Overlay Zone shall mean a secdon of the City to which regulations governing the use,
Lre^, size of Buildings and Ancillary Structutes, and other uniform regulations apply.
Zoning Map shalT mean the Comprehensive Zoning Map of the City of Vemon, as frrrthet
described in Section 26.3.2,, "ComprehensiveZo Mrp."
Chapter 26. Comprehensive Zoning Ordinance II-12
Article lII. Zore and Overlay Zotes.
Article [ll. Zone and Overlay Zones.
Aedek-IH. III
Sec. 26.3.1. Zonie and Oveilay Zones of the City.
5ec.26.3.1-1. Establishment of Zone afld Overlay Zones. As a tesult of its commitment to
making property available fot Industrial Use and to cMry out the puq)oses and provisions of this
Chapter, the entire City of Vernon is hereby zoned for General Industry Q. Zone). All property
within the City is located within the General Industry Zone (the I Zone), and must confotm to the
standards of use and the Development Standards and Site Planning Standards for the I Zone.
'Sfithifl the I Zone special categories of Ovetlay Zones have been established fot the purpose of
allowing special uses that are not otherwise permitted within the City. The Zote and the Overlay
Zorres are designated as follows, and either the name or the symbol may be used to tefet to the
General Industry Zone (the I Zone) or ^iy of the Oveday Zores. The boundaries of each of the
Overlay Zor,.es ate set forth in detail on the Zoning Map.
eIZorre is the Genetal Industry Zote.
e Overlay Zones Lrc;-
C-2 - C 2OverlayZone
E - Emergency Shelter Overlay Zone
H - Housing Overlay Zone
R - Rendering Oveiry Zote
S - Slaughtering Ovetlay Zote
5ec.26.3.1-2. (Ises Pemtitted of Right It is the City's intent to provide at acceptable location
within the County of Los Angeles for Industdal Uses, including those that may not be compatible
with land use elsewhere in much of the County. As a result of this intent and the City's pervasive
industdal envfuonment, Industrial Uses are permitted in the I Zote and each of the Ovetlay Zotes.
Cetain non-Industrial Uses are permitted in the I Zote in accotdance with Section 26.4.7'2=, "Uses
S, and Oveday Zorres, as set forth in the descriptions of the uses permitted in those Ovetlay
Zones.
5ec.26.3.1-3. fJses that Require a Conditional Use Petmit. All uses that arc not sPecifically
permitted under this Chapter and are not specifically prohibited by this Chaptet require a
Conditional Use Permit or othet enddement as may be specified in this Chapter.
5ec.26.3.1-4. Ptohibited Uses. Uses that ate prohibited in Section
Oveday Zone and are not be eligible for a Conditional Use Permit or othet enddement, in any
Zone or other Overlay Zone
Chapter 26. Comprehensive Zoning OrdinanceIII-1
Article III. Zore and Overlay Zotes.
Sec. 26.3.1-5. Detennination of Category of Use. The Director-o{€ommutiqrseitiees shall have
the authority to determine if a proposed use is substantially similar to a use that is permitted of right
and may thetefote be located in the City or in a particular Overlay Zone. If the Director of
@eterminesthatauseisnotspecifical1yprohibited,isnotpermittedofdghgoris
substantially similar to a use that is permitted of right and may not otherwise be permitted through
another entitlement process, the owner or applicant shall have the right to apply for a Conditional
$ec.26.3.2. Comptehensive ZofingMrp.
A p^.t of this is a Map that shows the location and boundades of the vadous
Overlay Zones established by this Chapter. This Map shall be known, cited, and referred to as the
"Comprehensive Zoning Map of the City of Vemor.'' andmay be refered to in this Chapter as
shown thereon, is the official zontngmap of the City of Vemon and shall be as much Lparrt of this
Chaptet as if the matters and informadLon set forth by said Zoning Map wete all frrlly descdbed
the terms of this Chapter and the ZonngMap, the terms of this Chapter shall control.
Sec. 26.3.3. Unceftainty as to Oveday Zone Bor ndades.
Whete uncertainty exists with respect to the boundaries of any of the Oveday Zones, as shown on
the Zoning Map, the determination of the City Council as to the location thereof shall be final and
conclusive. Any decision regarding the boundaries of an Overlay Zone shall follow the then existing
Lot lines.
Sec.26.3.4. Keeprng of.ZoningM"p.
The City Clerk shall keep a true and coffect copy of the current Zorung Map at his or her office in
the City HalI of the City. At the end of each calendar yeat, or more often at the direction of the City
Cletk, said Zoning Map shall be tevised to reflect all Amendments to this Chapter or the Zonng
MrP.
Chapter 26. Comprehensive Zoning Ordinance III-2
Article III. Zone and Oveday Zones.
Sec.26.3.5. Non-Applicability to City of Vemon.
conEols.
III-3 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones, Permitted Uses, Development Standards, and Site Plannhg Standards.
Article IY. Zones, Permitted Llses, Development Standards, and Site Plann;ng Standards.
tV
Sec.26.4.1.
9ec.26.4.1-1.
Genetal Industry fl) Zone.
Putpose and fntent
The General Industry (l) Zone is intended to provide for the orderly development
and opetation of most tlT)es of Indusuial Use and to promote the concentration of
such uses in a mannet that will foster mutually beneficial telationships with each
othet. The regulation of uses and establishment of Development Standards and Site
Planning Standards set forth in the I Zone are those deemed necessas/ to promote
the orderly operadon and efficient functioning of the City. The right to use and
maintain Legal Nonconforming Uses and Legal Nonconforming Building and
Standards in the I Zone and all Overlay Zores are governed by Section 26.5.
Residential lJses are permitted only in the H O".tl"y Zone.
Overlay Zone;-
Emetgency Shelters are permitted only in the E Oveday Zote;.
Rendering Plants are perrritted only in the R Ovetlay Zon
Slaughtedng is perrnitted only in the S Ovetlay Zon
Zote.
in other areas of the I Zone, a;nd are not eligible for a Conditional Use Permit or
intensive uses than the Permitted Uses within thelZone or an Ovetlay Zorte-,
All of the above uses that are permitted in specified Overlay Zones are subject to the
standards and r tions oudined for the Overlay Zone in which they are located.
(")
(b)
G)
(o
G)
(0
(s)
G)
(,
(,)
(L)
(t)
n'-1 Chapter 26. Comprehensive Zoning Otdinance
Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
Uses that are prohibited under this Chapter, evelr if less intensive
than the Permitted Uses, shall not be permitted in the I Zor;.e or ^ny O"..I^y Zone.
a-Residenee-Determination of whether uses fit within the definition of drcre+ser+at
are-p€rffiifted-oryPernitted Uses shall be in the discretion of the Dfuecto
Category of I Ise-"
5ec.26.4.1-2. Uses Permitted of Nghf. The following uses of and land ate
permitted of right in the I Zon
(") Industrial Use.
Data Centers.
Cold Storage Warehouses.
Industrial Gas Manufacturing.
(e)(q Warehouse Use (other than Cold Storage \Warehouses).
(g) Use.
teflant Building shall be permitted to dedicate a portion of that on's
space to an Ancillary Use in connection with that Person's Permitted Use, if the
following cntena are satisfied:
(1) The Permitted Use for such Person is that Person's majodty use;.
@ The Ancillary Use is located upon the same Lot as that Person's Permitted
Use.
The Ancillary Use is used solely and exclusively by the Person for that
Person's Permitted Use.
Ancillary Use includes offices and showtooms ancillary to the Permitted Use,
but does not include the dght to sell at retail' (An Use). Ancillary
Use does not include Outdoor Storage and Activities.
not exceed twenty perceflt Q)%o) of the gross floor area occuPied by a
Permitted Use.
o)
G)
(d)
G)
(rl
(4)
(s)
Chapter 26. Comprehensive Zoning Ordinance IV.2
Article fV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
(g)(i) Any activity or use undertaken by the City.
5ec.26.4.1-3. Uses That May Be Petmitted by Conditional Use Petmit Uses that are not
specifically permitted pu$uant to Section 26.4.7-2, "Use Petrnitted of Righg" Lttd are not specifically
Nonconfo use" may be permitted in the lZor,e only with a Conditional Use Permit. Without
limiting the generality of the foregoing, the following uses require a Conditional Use Permit:
(") Refineries.
O) Genetating faciJities, power plants, cogeneradon facilities.
6exd) Petroleum Related lJses, Peftoleum Storage Facilities.
€G) RecyclingFacilities.
(hxs) Public
fi)(:,^i Incidental Use. Each occupant or user orr the Propetty and each teflant in a multi-
tenant Building shall be permitted to dedicate a portion of that Person's space to an
Incidenal Use in connecd.on with that Petson's Permitted Use, if ^ t
(1) The Permitted Use for such Person is that Person's majority use;
@ The Incidental Use is located upon the same Lot as that Petson's Permitted
Use.
to the Permitted Use, but does not include the tight to sell at rctai..
Incidental Use does not include Outdoor Storage and Activities.
I\'.-3 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zotes, Permitted Uses, Development Standards, and Site Planmng Standards.
(4) The cumulative total area dedicated to all Incidental arrd Ancillary Uses
(including Ancillary Retail Uses) shall not exceed fifty percent (50%o) of the
gross floot area occupied by a Permitted Use.
fo satisfied:
Sec. 26.4. Uses That Arc Prchibited ot Limited.
5ee.464.1-4-iz'; No Motef Hotel, Trailer, or Trailet Park is permitted 1rL ^f,y Zone or.
Overlay Zote. The provisions of this Section do not apply to portable units which
have been acknowledged in writing by the owner or user to be units that are to
be used temporarily and solely in connecdon with a construcdon proiect on the same
Lot by persons who have ^ sep^r^te existing, pemanent Residence, ) have
teceived written approval from the Directot for such
temporary usage, and are not used for bathing or sleeping. The provisions of
this Sectiun do nul" apply t<-r ailets used solely Lo tnuvc gr-rods.
Zote ot Zorte.
G) No Convention and Entertainment Venue is permitted tn arry Zote ot Ov
Zote.
(1)
a)
(3)
(4)
(s)
o)
Chapter 26. Comptehensive Zoning Ordinance IV-4
Article r\/. Zones, Permitted Uses, Development Standards, and Site Planning Standatds.
-See-164.-1-5-Sec.26.,l.l-6. Uses That May Constitute Legal lVonconfotming Use. The
following uses are frot permitted in any Zote or Oveday Zone, except that any such use that is
Nonconforming Status. "
(bXo) CommunityFacilities;
(e)(b) Bars;
6dX.) Junk or Salvage Business;
(e}(q Public Storage (including mini-storage) facilities;
G)
(q
**4a.-la-Sec.26-,1.1-7. Development Staadards. The following
development and performance standatds @evelopment Standatds) apply to all Buildings, Ancillary
Structutes, land, uses, and businesses in the I Zone.
(r) AII Buildings, Ancillary Structures, Iand, uses, and businesses in the I Zone must
comply with the following Development Standards at all times.
(1) Explosion, and Enuircnmental Hazatds. AII storage of, and
activities involving hazardous, flammable, or explosive materials shall be
provided with adequate safety devices against the hazard of fue and
explosion and with adequate fue-fighting and fue-supptession equipment
and devices that meet the standatds and requirements of the Vernon Fire
Department, as such standards and requirements may change from time to
nr-5 Chapter 26. Comprehensive Zoning Ordinance
lrticle I\:. Zores, Permitted Uses, Development Standards, and Site Planning Standards.
time. The storage of or activities involving acutely hazatdous materials above
the exempt amount, as established by the State of California Fire Code, shall
not be permitted within frve hundred (500) feet of the outside prope line
Radioactiuity and Electdcal Dis turbances.
(r) Except with the prior apptoval of the City Council as to specific uses,
the use of radioactive materials urithin arry Zone or Overlzy Zone
shall be limited to measuring, gauglng, and calibration devices, and
trzcet elements in X-tay and like apparatus. In no event shall
radioactivity, when measuted ^t ^fly point along any Lot line, be in
excess of two and seven-tenths (2.7) by ten (10) to the eleventh (11h)
power microcuries per milliliter of ztr ^t ^fly moment of time.
(ii) Radio and television and other telecommunications ttansmittets shall
be operated at the regularly assigned wavelengths (or within the
authorized toletances therefor) as assigned ttreteto by the appropriate
equipment shall be suitably wired, shielded, and conuolled so that in
opetation they shall not, beyond any point along any Lot line, emit
any electrical impulse or wave which will advetsely affect the
opetation and conftol of any other electricaL or electronic device or
equpment.
Outdoot Stonge and Actiuities- Outdoor Storage and Activities (other
than off-street patking and loading, which are governed by Section 26.5.7),
compliance with the following requirements:
(r) No materials or wastes may be deposited on a Lot in such form or
manner that they may be transferred off the Lot by natural causes or
forces.
\Tastes which might cause fumes or dust, which consdtute a flre
hazard, or which may be edible by or otherwise atftacdve to todents
or insects shall be stored only in closed containers in required
enclosutes.
Outdoor Stotage and Activities of all matedals, products, and
inoperative equipment shall be scteened or otherw"ise hidden so as
not to be visible from the Street; however, the scteen hall not
exceed ten (10) feet in height as measured from gtade level.
e screen shall be maintained in good repur. Operational
equipment used in the business located on the Lot is not required to
be screened.
Q)
(3)
(ii)
(*)
Chapter 26. Comprehensive Zoning Ordinance IV-6
o)
Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
(rg A minimum six-foot high screening wall shall be provided on the
interior lot lines of xty lot with outdoor storage and activities that
for Residential Use. Scree walls shall follow the lot line of the
the Lot so as to substan hide the outdoor stotage and activities
ii+)(',.) No Outdoor Storage and Activities are permitted ofl any zrea of a
Lot that is required to be available for fire department access, as such
access requrements ate set forth in the Code.
6+(-i) Outdoor Storage and Activitie including operational equipment
or maneuvering
Outdoor Storage and Activities existing the effective date of
this Ordinance that violate these provisions may be condnued as a
Iegally nonconforming usage for the period described in Section
26.5.3-2(e).
(4) Weed and Debds Abatement. All landscaped areas (on the Property, as
well as cond.guous planted areas within the public Right-of-way) shall be kept
ftee ftom weeds, overgtown gtass and shrubbery, and debris. Any diseased,
dead, damaged, or decaying plantmateials shall be temoved.
(5) No Vehicular Encroachmerrf. No vehicle (including a truck ttailet) when
parked ot stopped on a Lot shall extend into the Right-of-way.
All Buildings, Ancillary Structures, land, and businesses in the I Zone must comply
with the following Development Standards upon a Change of Use or upon the
Standards.
(1) Vibrution Upon a Change of Use or the occuffence of an event described
requires compliance with the Development Standatds, all of the businesses
located on the Lot shall be operated so that, cumulatively with existing
Vibrations of all new and existing equipment of all businesses ofl the Lot, the
steady gtound Vibration inherendy and tecurendy generated shall not
exceed four hundredths of one inch (0.04) per second paticle velocity when
measuted Lt afly point along the Lot line of the Lot on which the source of
IV-7 Chapter 26. Comprehensive Zoning Ordinance
Article Nr. Zor.es, Permitted Uses, Development Staodards, and Site Planning Standatds.
the Vibration is located. The cumulative effect of Vibrations in excess of
four hundredths (0.04) of one inch measured at any point along the Lot line
on which the source of the Vibration is located shall be permitted only with a
Conditional Use Permit.
Noise. Upon a Chatge of Use or the occurrence of an event described in
requires compliance with the Development Standatds, all of the businesses
Iocated on the Lot shall be operated in compliance with the following noise
standatds.
(D The following noise standards, unless otherwise specifically indicated,
shall apply to all Lots withifl the designated noise zones, measured
cumulatively with existing noise from all businesses on the Lot.
Table 26.4.1-7
ES
Noise Zone
le
a)
Lots located within one tenth
(1/10) of a mile of ^tyce or school
located in Vernon or abutting
cotnmuilfles.
All other Lots
(ii)
60 dBA
65 dBA
754
No Person, in ary location within the City, shall create any noise, or
allow the creadon of noise, on any Lot owned, leased, occupied or
otherwise conftolled by such Person which causes the cumulative
noise level when measured at any point along the Lot line of the Lot
on which the source of the ooise is located to exceed:
The applicable noise standard for a cumulative period of
more than thrrty (30) minutes in any hour; or
The applicable noise standatd plus five (5) dBA for t
cumuladve period of more than fifteen (15) minutes in any
one hour; or
The applicable noise standard plus ten (10) dBA for a
cumulative period of more than five (5) minutes in any hour;
or
The applicable noise standatd plus fifteen (15) dBA for a
cumulative period of more than one (1) minute in any hout;
OI
(A)
@)
(c)
(D)
II
10:00 .Nr. to 7:00
-i{-
7:00 -M. to 10:00
Chapter 26. Comprehensive Zoning Ordinance IV-8
Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
(r") In the event the ambient noise level exceeds ^iy of the noise limit
categories set forth in subsections (A), @), or (C) of subsection 2(ii)
of this Secdon, the cumulative period applicable to such categoq/
shall be incteased to reflect the ambient noise level, plus 5 dBA.
(rg If a Lot is Iocated on a boundary bet'ween two (2) diffetent noise
zones, the noise level standard applicable to the quieter noise zone
shall apply.
(") If the noise soutce is condnuous and cannot reasonably be
discontinued or stopped fot a time period whereby the ambient noise
level can be determined, the measured noise level obtained while the
source is in operation shall be compated directly to the Lot's
designated noise zone for the time of day the noise level is measuted.
(", Any noise source in excess of the standards set forth herein shall be
permitted only with a Conditional Use Petrnit.
(3) Watet Usage.
Conditional Use Permit.
(4)
5ee.2&1.+?-5ec.26.4.1-8. Site Planniag Standards. The following Site Planning Standards shall
apply to all Buildings, Ancillary Structures, land, uses, and businesses in the I Zote. Legal
Nonconfotming Uses and Legal Nonconforming Buildings or Standards are tequired to comply
with the Site Planning Standards at the time of the occurence of an event described in Table 26.5.3-
Planning Standards.
(r) Building IntensitTt The total gross Floor Area of all Buildings on any Lot shall not
exceed a Floot Area Ratio €AR) of 2:7.
F) Off-Steet Pa*ing and Loading. Off-street parking and loading facilities shall be
ptovided in accordance with the provisions of Section 26.5.1,, "Off-Street Parking
and Loading FaciJid.es. "
G)
Building Setback. Every
I\--9 Chapter 26. Comprehensive Zonhg Ordinance
,\rticle IV. Zones, Permittcd Uscs, Dcvelopmcnt Standards, and Sitc Planning Standards.
G)
Building or Stflrcture shall be set back not less than fifteen (15) feet from the curb
face, as shown on the Master Plan of Streets. The Director shall designate the
distance from the center of the Sueet in any case in which the planned fu e
ultimate width of a Street is not specified or a Street is not symmetrical.
Ancillary Stucture Setback- Where a Lot ot parcel of land in any Zone or
Oveday Zone abuts a Street as shown on the
Master PIan of Streets , every Ancillary Structwe on such
Lot or parcel shall be set back as follows:- (1) if the Ancillary Structure is equal to ot
grc^tet than nventy (20) feet in height, it shall be set back not less than fifteen (15)
feet from the curb fice, as shown on the Master Plan of Streets; and Q) if the
Ancillary Structue is less than twenty (20) feet in height, it shall be set back
shall designate the distance ftom the center of the Street to the
qrmme il.
Ancillary Structure shall encroach into the planned future ultimate width of a Street.
Batrien. Where parking, loading, or maneuvedng areas adjoin a Street or Stteets, a
twelve (12) garye wrought iron fence not less than eight (8) feet
^masonry or concrete wall not less than thirty (30') inches in height, or a Iandscaped
^re ^ minimum of four (4) feet in width measured ftom the propetty line, or an
equivalent protective device as approved by the Directo , shall
be established along such full frontage, except at &iveways, walkways, or othct
openings where such ate necessary. Where zbarier ot a landscaped arca adjoins a
driveway, a ten-inch (10') concrete-Elled steel pipe or equivalent Protective device
shall be installed on driveways used for trucks, and an eight inch (8") concrete filled
steel pipe or equivalent protective derrice shall be installed on drivesrays trsed
exclusively by automobiles.
shall be established for any use in the I Zone unless the Lot is at least ofle acte in size
Requirements."
Trush Enclosures. All trash disposal areas shall be enclosed on three (3) sides, shall
have two (2) block walls and one (1) Iockable gate. The gate's overall height shall be a
minimum of slr (6) feet; its overall width shall be a minimum of eight (8) feet. Alt
block walls shall be a minimum six (6) feet tall.
(d)
(0
G)
(1',)
Chapter 26. Comprehensive Zoning Ordinance IV-10
Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
Sec. 26.4.2. Commetcial-l (C-1) Oveday Zone.
9ec.26.4.2-1. Putpose afld fntenf The purpose of the Commercial-1 (C-1) Ovetlay Zone is to
accornmodate ^t limited and specif,c areas of the City those eommeteial,---sewieeg4-business
etract from the purposely established
industrial acter of the City. The C-1
Oveday Zone unless the Lot is at least twenty-five thousand (25,000) square feet in
size and complies with Code Section 28.28, " ts to Confotm to Minimum
Requirements.".
(b)
G)
(o
(")
(b)
I\',-1 1 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
G) All parcels and Lots located in the C-1 Oveday Zote shall dedicate a minimum of
five percent Qn of the gross square foo e of the Lot to irigated Landscaping that
is visible ftom the Street.
C-2 Oveday Zo:,ae are tlose deemed necessary to ptomote the otdetly opetation and efficient
See-26aJa-@) Uses pernitted of dght in the I Zot
(r) Commetcial ot Retail Uses.
O) Fueling Stations.
fi(rt Incidental Ur.{, including the
tetm+o++aaOfa=right to sell at retail, and Ancillary Retail Use.
Chapter 26. Comprehensive Zoning Ordinance IY-12
Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
t€ffi$€ki€teJA+
O Religious
SCS.
Uses permitted ia+e€igfi
See-164*L-5ec.26.4.3-5. Developaent Staadards and Site Planaiag Standatds.
Overlay Zota
(e)(.) All parcels and Lots located in the C-1 Ovetlay Zote shalT dedicate a minimum of
oaefive percent (+5o/o) of the gross square footage of the Lot to irdgated Landscaping
that is visible ftom the Street.
(O The City Council may impose as patr of the Conditional Use Perrnig or the Director
odor, dusg and s coflcems.
(q At least five percent (Soh) of the gross s te footage of lots in the C-2 Overlay
Zone shall have Landscaping visible ftom the Street.
IV-13 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zoraes, Permitted Uses, Development Standards, and Site Planning Standatds.
fe(g) The City Council may impose as part of the Conditional Use Permit, or the Director
may impose as part of the Minor Conditional Use Permit, afly other requiremerts as
are reasonably necessary to protect neatby owners and occupants from tnffic, noise,
odot, dust, and similar concerns.
*e-264*5ec. 26.4.4. Slaughtering (S) Ovetlay Zone.
See=,26,4.1-1-5ec.26.,1.4-1. Putpose and fnrcf,t The pulpose of the Slaughtering (S) Oveday
Zone is to permit the Slaughtering of animals at limited and specific locadons, with such land use
controls as will adequately accommodate uch specialized opetations and will minimize :r.affic,
noise, vibration, dust, odors, smoke, or risk of disease that is obnoxious to or interferes with the
operation of other uses in the I Zote and the other Oveday Zores. The provisions of this S
Oo.tl"y Zote arc intended to ensure that the City will function safely and efficiently and provide an
atft acdve industdal environment.
dght in the I Zote are permitted of right in the S Overlay Zon
Permit.
(") All uses pernitted in the I Zote with a Conditional Use Permit ate also permitted in
the S Ovetlay Zone with a Conditional Use Petmit.
(b) Lots encompassing ore ^cte or more of Lte lr;izy be used f<rr the
of animals.
See--%4.44-5ec.26.4.,1-4. Development Standards and Site Planning Standatds in S
and uses in the S Overlay Zone.
Petformance Standatds."
(b+(.) The City Council may impose
^s
a part of the Conditional Use Permit any othet
tequirements as are necessary to protect nearby owners and occupants from the
ftzffic, noise, odor, dust, vibration, risk of infecdon or disease, and similar concerns.
Chapter 26. Comprehensive Zoning Otdinance IV-14
Article IV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
See-2644Sec. 26.4.5. Rendedng (R) Oveday Zonie.
See-46.4a-*-Sec. 26.4.5-1. Purpose and fnrcnt The pupose of the Rendering (X.) Overlay Zone
is to allow for Rendering Plants at limited and specific locadons, with such land use controls as will
adequately accommodate their specialized operad.ons and will minimize traffrc, noise, vibradon, dust,
odors, smoke, or risk of disease that is obnoxious to or interferes urith the operation of othet uses in
the I Zone and the other Overby Zotes. The provisions of the R Overlay Zone te intended to
ensure that the City will function safely and efficiently and provide an attracdve industtial
environment.
tight in the I Zote are permitted of dght in the R Oveilay Zon
See--2*44-3-5ec.26.4.5-3. Uses That May Be Petmitted by Cooditional Use Petmit in the R
P
(") AII uses permitted in the I Zorae with a Conditional Use Permit are also permitted in
the R Oveday Zone urith a Conditional Use Permit.
@) Lots encompassing one acte or more of xea. may be used fot a Rendedng Plant.
Siee;264;4-+-5ec.26.4.5-4. Development Staf,dards af,d Site Planning Saadads in R
and uses in the R Oveday Zooe.
(b)(c) The City Council may impose as a part of the Conditional Use Permit any other
requirements as are necessary to protect neatby owners and occupants ftom the
ftaffrc, noise, odor, dust, vibration, tisk of infection or disease, and similar concems.
5ec.26.4.6. See36+5-Housing (H) Oveday Zone.
Sec. 26.4.6-1. --Jee-26,4.-*l Pu4tose and fntent The purpose of the Housing (II) Oveday Zone is
to accommodate housing at limited and specific areas of the City pursuant to General Plan policy,
and to locate such housing in a manner that minimizes potential conflicts between tesidential and
industrial uses. The regulation of uses and establishment of Standards and Findings set forth in the
H Overlay Zote ate those deemed necessary to promote health and safety of residents and
businesses, and the ordedy operation and efficient functioning of the City. Given the industrial
IV-15 Chapter 26. Comprehensive Zoning Ordinance
Article I\r. Zores, Permitted Uses, Development Stondards, and Site Planning Standards.
nature of Vemon, this Section 26.4.6, "Housing (II) Oveday Zorte," establishes a Development
Agteement as the entidement process for establishing any new Residential Use in the H Overlay
Zone. A Development Agreement will allow tailoted development standards to be applied to
proposed residential projects, thereby providing flexibility in responding to the unique land use
conditions in Vemon.
Sec. 26.4.6-2. 1*-264.12 Uses Permitted of Righc in I{ Oveday Zone. Llses permitted of
right in the I Zone are permitted of right in the H Overlay Zot
Zone. All uses permitted in the I Zote with a Conditional Use Permit are also permitted
in the H Overlay Zone with a Conditional Use Petrnit.
e. Residential Uses, including single-family housing, multi-family housing,
supportive housing, transitional housing, and other similar forms of housing are permitted in the H
Oveday Zone with a Development Agteement.
@,.t"; For ^fly ptoposed Residential Use ifl the H Overlay Zorte, the approved
Development Agreement specific to that Residential Use shall define the
Development Standards and Site Planning Standards that apply to all Buildinp,
Ancillary Structures, land, and uses associated with that Residential Use. Where the
approved Development Agreement is silent with regard to any Development
Standard or Site Planning Standard requfued by this Chapter, the provisions of the
undedying zone shall apply.
4Erc; The City Council may impose as a part of the Development Agteement any other
requfuements as are necessary to protect occupants of the development andfot
nearby owners and occupants from the impacts associated with traffic, air pollutants,
noise, odor, dusg vibration, risk of infecdon or disease, and similar coflcetns.
26.4.6-6. -$ee.--264.1-6-Findings. After a public hearing, the City Council shall approve a
proposed residential development and telated Development Agteement only aftet first making all of
the following findings:
(")#edesign,locadon,size,andoperatingchatacteristicsofthe
proposed residential development will be compatible with the existing land uses in
the vicinity;
Chapter 26. Comprehensive Zoning Ordinance IV-16
Article r\'. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
(b)+eproPoSeddensityisconsistentwithdensitystandardsand
all applicable policies contained in the General Plan;
G)+hesiteandSitep|lnarephysicalIysuitableintermsof
design, locadon, shape, size, and the provision of public and emergency vehicle
access, and public services and utilities, including but not limited to fire protecdon,
police protecdon, potable water, schools, sewerage, solid waste collection and
disposal, storm drainage, and wastewater collecdofl, treatment, and disposal;
(d)#on-sitettafficcirculationforpedestdansandvehic1esis
designed into the development to allow residents to move easily through the
development and to avoid pedestdan/vehiculat conflicts and futther, to ensure
appropriate access for fue and police response and surveillance equal to or better
than what would normally be created by compliance with the Site Planning Standards
G) e proposed project provides suitable, usable colnmon
andf or private open space that will meet the passive andf or acdve recreation needs
of the resident. Common open space areas and setbacks are provided with
landscaping and other imptovements suitable for the development proposed;
(9 e proposed project provides adequate patking to meet the
residents' needs, to avoid parking impacts oo srttounding ptoperdes, and to comply
with state and fedetal law; and
(g) efuse/recycling collection areas are located to ptovide easy
5ec.26.4.7-3. (lses That May Be Perztitted by Conditional Use in the T Oveday
a Conditional Use Pe t.
(^) AII uses permitted in the I Zore with a Conditional Use Pe t are also permitted in
the T Oveday Zone with a Conditional Use Permit.
IV-17 Chapter 26. Comprehensive Zoning Ordinance
.\nicle IV. Zores, Pemr.itted Uses, Development Standards, and Site Plaruring Standards.
O) Hazardous !7aste Facilities.
G) Solid !7aste Facilities.
(-d) Fueling stations.
G) Lots encompassing one (1) acres or more of ^rez m^y be used for a Fte t
and uses in the T Zor.e.
G)
Sec.25.4.8. .Emergency Shelter (E) Oveday Zone.
Oveday Zone is to comply with Govemment Code Sections 65582, 65583(a) and 65589.5, which
require all California cities to permit emergency (romeless) shelters as a rnatter of dght in at least
one zone. The purpose of tegulating the siting of emergency shelters is to ensure emergency shelters
are developed in a manner which protects the health, safety, and general welfare of nearby rcsidents
and businesses while ptoviding fot the housing needs of the homeless.
permitted of right in the E Overlay Zone, and all such uses shall be subject to the Development
in the E Oveday Zote. Emetgency shelters developed within the E Overlay Zone shall be subject to
E ncy Shelters."
Sec. 26.4.8-3. --See-364.41 Uses That May Be Petmitted by Conditiooal Use Petmit
(^) fr-Al1 uses permitted in the I Zote with a Conditional Use Permit are also
permitted in the E Overlay Zone with a Conditional Use Permit, and shall be subject
to the Development Standards of Section 26.4.7-T, "Development and Performance
Standards," and the Site Planning Standards of Section 26.4.1-8, "Site Planning
Standards."
Chapter 26. Comprehensive Zoning Ordinance IV-l8
G)
Article fV. Zones, Permitted Uses, Development Standards, and Site Planning Standards.
o)
4e City Council may impose as ^ part of the Conditional Use
Development and Site Planning Standatds for Emetgenq Shelters.
he emergency shelter shall contain a maximum of ten (10) beds and shall
serve no more than ten (10) homeless persons ^t a;ny one t1me.
Occupancy by an individual or family may not exceed one hundred erghty
(180) consecudve days unless the management plan provides for longet residency by
those enrolled and regulady participating in a training or rehabilitation progtam.
minimum distance of three hundred (300) feet shall be maintained ftom
any other Emergency Shelter, as measuted from the property line.
dequate extemal lighuog shall be provided for security purposes. The
lighflng shall be stationary and directed zrway from adiacent properties and public
rights-of-way. The intensity shall comply with standard City performance standatds
for outdoot lighting.
Secudty and Safety Plan shall be provided for the review and approval of
the irector. The plan may be required to address additional
security and safety needs as identified by the irectot. The
approved Security and Safety Plan shall remain acdve thtoughout the life of the
facility. The plan shall contain provisions ad&essing the following topical areas:
sleeping areas, loitering contol, management of outdoor areas, alcohol and illegal
drugs, and current contact information for the operator of the facility during dzy and
nghttime hours.
he facility may provide the following services in designated ateas separate
from sleeping afeas: recreatiot area, counseling ceflter, Iaundry, kitchen, dining hall,
and client stotage ateas.
Sec. 4.8-4.
(^)
o)
G)
(o
(.)
(9
IV.19 Chapter 26. Comprehensive Zoning Ordhance
Article IV. Zones, Permitted Uses, Development Standards, and Site Planaing Standards.
Chapter 26. Comprehensive Zoning Ordinance IV-20
Article V. Regulations Applicable to the I Zote atd Oveday Zones.
Article V. Regulations Applicable to the lZone and Ovetlay Zones.
v_
Sec. 26.5.1. Off-Street Parking and Loading Facilities.
5ec.26.5.1-1. Intetptetation The provisions of this Section 26.5.1, "Off-Street Par and
Loading Fa des," establish minimum requirements for the promotion of the public health, safety,
comfort, convenience, and general welfate, and shall not be deemed or construed to prohibit the
City Council, in granting or approving a Conditional Use Permit, Variance, ot Development
Agteement from requiring additional parking ot loading facilities for a particulat use.
5ec.26.5.1-2. Considention of Fractional Remainders. \il7here calculation of the number of
spaces required results in a fractional number, any fraction shall be tounded to the next higher whole
numbet.
9ec.26.5.1-3. Pa*ing in Buildings. Where tequired parking ot Loading Space computations are
based on Floor Area, floor space devoted to parking or loading within a Building shall not be
included in the Floor Area portion of the computadon.
Sec. 26.5.1-4. Multiple Uses. It the case of mixed uses in a Building or on a Log the toal tequired
number of off-street parking and loading spaces and maneuvering capacity shall be the sum of the
requirements for the various uses.
5ec.26.5.1-5. No Loss of Minimum Required Space ot Maneuvedag Capacity. Existing
patking, maneuvering, and loading facilities on a Lot or parcel may not be reduced ot removed
below the required minimum (ot below the now existing number of spaces or maoeuvedng capacity,
if the existing numbet of spaces or mafleuvering capacity is below the requfued minimum) unless
substitute spaces or maneuvering capacity are provided.
(r) Parking, maneuvering, and loading capacities for arly Building shall comply
are not required to be brought into compliance with these standatds until the
Nonconfo Uses-"
If a use requires a Conditional Use Permit, the Directot
the minimum loading and maneuvering tequfuements for the requested use during
the Conditional Use Permit process, based on the information and analysis provided
as part of the Conditional Use Permit application process. The Directo
Cotrffiunry-S€nri€€s shall notify the City Council of the recommendadon. With the
concuffence of the City Council, the Director of €ommunrryPublic rJ7orks, Water,
and Developmeflt Services shall utilize the recommended minimum patking and
loading and maneuvering requirements as the standard fot that and similar uses.
Such determination of required numbet of patlettg-spaeesParking Spaces and loading
v-1 Chapter 26. Comprehensive Zoning Ordinance
Article V. Regulations Applicable to the I Zote rnd Overlay Zones.
and maneuvering requirements shall be recorded as specified in Section 26.6.*7,
"Interpretad.ons, Minor Exceptions, and Appeals."
If a use requires a Minor Conditional Use Permit, the Director shall approve and
develop the standard for the minimum number of P Spaces and the minimum
and Appeals."
O) Minimun Automobile Parking Requirements. Adequate off-street
parking, loading, and maneuvering space shall be provided for each use or
development on a Lot, ot fot each Building on a Lot, to accommodate all
automobiles ot sirnilat vehicles of the employees, consultants, agents, buyers,
vendors, salesmen, r.isitots, and other persons normally ftansacting business at such
tof ile
se d
[.]se,
and
Data Ce
f
.y Sh One (1) space (5) beds plus two (2)
additional
ea
us ljses One (1) space for each e (3) fixed seats, or
Area
Residential Llses Patking Dete ed Pursuant to Development
Agteement, but no less than one (1) space for
each unit.
Restaurant (fake out)Eight (8) spaces per 1,000 squate feet of gtoss
Floor Atea
Restaurant down Floor
Chapter 26. Comprehensive Zoning Ordinance
One (1 100 re feet of
\,T-2
Retail (less than 25,000 square feet) and multiple
tenant Retail
Industdal
ilanufr€hringRetail (25,000 sq e feet or gteater)
- Single teflant only
Article V. Regulations Applicable to the I Zore ar.d Oveday Zores.
Area
One (1) space per 250 square feet of gross Floor
Area
One (1) space per 1250 square feet for the first
25,000 square feet of gtoss Floor Area and then
one (1) space per each additional 500 s feet
Floor Area
Stu s (dance, etc.)
Arcz-
Ttade Schools
L
house Use, Ge
ehouse Use, Cold Stora One (1) space per 1,000 square feet of gtoss
Floor Area for the fust 50,000 square feet, and
one (1) space per 5,000 square feet ofgross
Floor Area above uare feet
Note
Minimun Truck Loading Requfuemenrs. AII Buildings and uses, except
provide adequate off-sfteet Loading Spaces and areas to accorrmodate tucks being
loaded, unloaded, or waiting to be loaded ot unloaded in accordance with the
following standatds. Truck Loading Spaces in excess of the requfued numbet may be
SEE++BI#
v-3 Chapter 26. Comprehensive Zoning Ordinance
Article \r. Regulations Applicable to the I Zoie an.d Overlay Zones.
Table26.5.1-@(c)
TABr##5+6(b)
M TK
se
Industrial Use, Warehouse Use, Industrial Gas One (1) space per 10,000 squate feet of gtoss
Floor Area
Colel Storage Watehouses
floor area
Data Centets One (1) space per 50,000 square feet of gross
floor area
Minirnurr Required Truck
(d)
Industrial lJse, Cold Storage 'VTarehouses,
rilTarehouse U s e, Indus trial Gas Manufacturing
One (1) space per 25,000 square feet
Floor Area fot the first 100,000 square
one (1) space pet 100,000 square feet
of gtoss
feet and
of gtoss
Table 26.5.1-6(d)
Chapter 26. Comprehensive Zoning Ordinance
Floor Area above 100.000
v-4
use.
Article \r. Regulations Applicable to the I Zote ar,d Overlay Zores.
Data-eet*ers
ffi
(dXe) Location Required parking facilities may be located on the Lot as the use or
Occupancy for which the parking is being provided or may be provided on a
separate Lot. If provided on a separate Lot, a covenaflt shall be recorded restricting
all or t portion of the use of the sepamte Lot to parking use for the benefit of the
use requiring the parking, and evidence shall be fiIed with the City of Vemon
assuring the required number of spaces on such parcel have been set aside and will
be maintained for parking purposes in connection with the particular use or
Occupancy requiring the parking so long as such use or Occupancy exists. The main
entraflce of the parking facility located ofl a separate Lot shall be within fifteen
hun&ed (1,500) feet, measured along the Street ftom the property line of the Lot on
which the parking is located to the front door of the Building in which the principal
use of the Lot is conducted.
0 Parking Requircment fot Spaces for the Disabled. The determination of the
required number of Spaces fot use by the disabled shall be
based on the gre ter of{: 1) the minimum number of required automobile
Iocated off the Lot that ate provided for the business). All
Spaces for the disabled shall be located on the same Lot as the use or Occupancy fot
which the parking is provided, and the number of spaces required and the
dimensions thereof shall be provided as required by State law.
forth in Table 26.5.1,-6(
Minimum Dimensions.
14++
Trr:elrParking€pa€€1*1*
1#+++Fr
is
req3lred
+*754e +*
\'-5 Chapter 26. Comprehensive Zonhg Ordinance
Article V. Regulations Applicable to the I Zore and Overlay Zones.
(g) Any automobile parking stall adjoining a Building ot Ancillary Structure shall be
provided with nvo (2) additional feet of width+eptodde*uffieien+tpaee+e
.
Chapter 26. Comprehensive Zoning Ordinance v-6
Table 26.5.1-6(9;)
Automobile
ck Patki
For any stand-alone pa ot
to anottrer
Article V. Regulations Applicable to the I Zore ar'd Oveday Zor.es.
Minimum Dimensions
7 ft.
15 ft.
15 ft.
15 ft.
Y-7 Chapter 26. Comprehensive Zoning Otdinance
Minimum
Venical
Article V. Regulations Applicable to the I Zore ard Overlay Zores.
DTAGRAM 26.s.1-6({h)
IRUCK MANUEVERING SPACE
NOTE:
TRUCKS SHALL ENTER IN A FRONT
FORWARD MANNER AND APPROACH THE
LOADING DOCK ON THE DRIVER'S SIDE
OF THE VEHICLE IF THE TRUCK
APPROACHES THE LOADING DOCK IN A
DIRECTION OTHER IHAN ITS DRIVER'S
SIDE, THEN ADDITIONAL MANUEVERING
AREA MAY BE REQUIRED
DTAGRAM 26.s.1-6(f)
Chapter 26. Comprehensive Zoning Ordinance v-8
Article V. Regulations Applicable to the I Zore ard Oveday Zores.
TRUCK MANUEVERING SPACE
NOTE:
TRUCKS SHALL ENTER IN A FRONT
FORWARD MANNER ANO APPROACH THI
LOADING DOCK ON THE DRIVER,S SIDE
OF THE VEHICLE. IF THE TRUCK
APPROACHES TITE LOADING DOCK IN A
DIRECTION OTHER THAN ITS DRIVER'S
SIDE, IHEN ADDITIONAL MANUEVERING
AREA MAY BE REOUIRED
65 MIN
135'MrN.
fl
i) Loading Equipmenf. Loading equipment may extend into the fifteen (15) foot
Space," above when required by specialized loading operadons, if the Directo
determines such intrusion will not be corLtr^ry to the intent of
this Section afld approves such intrusion.
shall be as
indicated in Table 26.5.1-6Q) Par t Dimensions. Parallel parking stalls located
adjacett to a maneuvering or access aisle shall have mirrimum dimensions of 8.5 feet
wide by 25 feet long.
ine Lot Dimensions
Aisle Width -
Two-W
%
+5
6e
90
o
Table 26.5.1-6(t)
v-9 Chapter 26. Comprehensive Zoning Ordinance
Article \r. Regulations App[cable to the I Zore atd Overlay Zotes.
45 20 ft.15 ft.20 ft.
60 27 ft.27 ft.21 ft.
90 19 ft.27 ft.27 ft.
(i)(k) Access. Easily accessible and adequate ingtess and egtess shall be provided
to all parking and loading facilities. Suffi.cient driveways, maneuvering, and tum-around areas
shall be provided on the Lot to allow for safe and unobstructed ftont entry onto the Lot. All
vehicles, including trucks, using the parking or loading facilities shall enter or leave the Street in
a fr.ont forward manner without backing onto the Street or backing into the Lot. A minimum
of fifty (50) feet of unobstructed maneuvering space shall be maintained fot aII requited truck
r-'!;,-.-,..;.-.,.--
DIAGRAM 26.5.I.6
NARROWING OF D R IVE AIS LE
NOTE:
MAJ(IMUM RATE OF NARROWING
OF A DRME AISLE IS FOR
EVERY 2.5' ALONG THE
DRIVE DIRECTION, THE LANE
UNTIL IT MEETS THE MINIMUM
DRIVE AISLE WIDTH.
D IAG RAM 26.s. 1 - 6(i)
Chapter 26. Comprehensive Zoning Ordinance v-10
Article V. Regulations Applicable to the I Zorte ar,d Overlay Zones.
TableX5.5.
One-wa aisle 15 ft.
Two-wa.aisle 15 ft.
()0) Cutb Cuts. No cub cut for a driveway or aisle or ^ny portion ptoviding vehicular
access to the Lot shall be permitted withifl any portion of zny cutb return, nor u.ithin
seventy-five (75) feet of the point of taflgeflcy of. arry curb return for a driveway used
by trucks, nor within foty-five (45) feet of the point of tangency of any cutb return
for a driveway used exclusively by automobiles, as shown in Diagram 26.5.1-6
Curb Cut Locad.on.
DTAGRAM 26.5.1-6(it)
NARROWING OF DRIVE AISLE
MIN
AISLE I
WIDTH ,
-l
I
I
I
NOTE:
MAXIMUM RATE OF NARROWING
OF A DRIVE AISLE IS FOR
EVERY 3'ALONG THE THE
DRIVE DIRECTION. THE LANE
CAN BE NARROWED I.FOOT
UNTIL IT MEETS THE MINIMUM
DRIVE AISLE WIDTH.\
v-11 Chapter 26. Comprehensive Zoning Ordinance
CURB CUT LOCATION
URB & GUTTER
CURB REIURN
\. '. 40'urx. -srDEwALK\\a
//
," ,/
f ,/'
It DTAGRAM 26.s.1 -6(j)
Article V. Regulations Applicable to the I Zone atd Oveday Zotes.
v-72Chapter 26. Comprehensive Zoning Ordinance
I
I
I
t
t
Article \r. Regulations Applicable to the I Zore an,d Oveday Zor.es.
I
il
il
lt
ll
t\\
CURB CUT LOCATION
\\.\ '. 4o'utx. -srDEwALK\-\ /
CURB RETURN.sIRI,LI
-STREET CENTERUNErNrERSEcnoN--4- - / -e--
AUTOMOEILE ORIVEIYAY
-cuRB & GUTIER
- --:-(-
25'un.
m) Ddveway Entance. The minimum driveway entrance vridth for truck access shall
be forty (40) feet, and the minimum driveway entrance width for automobile access
shall be twenty-five (25) feet. All driveways shall be constructed in accordance with
City standards.
tlir'nl Ma*ings. All required parking and Loading Spaces and facilities shall be cleady
and adequately marked with permanent durable and easily distinguishable materials.
All one-way drives, entrances, and exits shall be cleatly and pemanently matked.
Such signs and markinp shall be maintained and shall be visible to ddvets of
vehicles using the perking facility.
tr+i(or Pauing. All parking and loading facilities shall be paved with asphalt or concrete
and shall provide fot adequate drainage. Dtainage to the Street shall be treated in
compliance with the City's discharge a;rrd treatment requirements pdor to being
teleased to the Sueet or storm dtain system.
f+r+(pi Maintenance. All parking and loading ateas shall be kept clean and ftee of debds,
dust, mud, and trash. Parking areas shall be used only fot the pqpose of patking
vehicles. .W-here Landscaping is ptovided urithin or along any parking atea, such
areas shall be maintained and ptovided with permanent underground, automated
irigation systems. Stdping, marking, direction signs,lighting, screening and all other
improvements tequired by this Section shall be adequately mainained.
v-13 Chapter 26. Comprehensive Zoning Ordinance
TANGEMT_
POrNr OF \ 45'MtN.
CURB RETURN \t.-
/,/,'t/
Article V. Regulations Applicable to the I Zore zrd Oveday Zones.
Sec.26.5.2.
Reductioa in Requhed Pa*ing Spaces. The required number of off-
sfteet Parking Spaces may be reduced by Outdoor Storage and Activities if a parking
demand study, prepared by a Califor -licensed uaffic engineet ot other qualified
professional is completed specific to the project site and the Permitted Use, and
further ptovided that the study finds that the ptoject site has excess P g Spaces
beyond the Pe itfed [Ise's need; such study must he approved hy the Directot.
Street Dedication an Improvements.
(q)
In connecdon with the issuance of a buitding or other permit, Conditional Use Pennit, r
s authodzed to require that the owner of zLot or parcel of land that adioins a Street dedicate a
portion of the land for a Right-of-way in accordance with the planned future ultimate width of a
street as shown on the Master Plao of Stteets, and make or pay fot related street imptovements, or
both.
Sec. 26.5.3. Legal Nonconforming Status.
Withifl the I Zone and Oveday Zones established by this Chapter, uses, Buildings, Ancillary
Structures, and Lots may exist that do not comply with the requirements of this Chapter. Such non-
compliance may include uses that are not pefinitted or are not permitted in a particular locadon, or
of any Development Standatd described in Section 26.4.1-67(a) or the continued yiolation of any
Development Standard described in Section 26.4.1-67b) following a Change of Use.
Nonconformity -ith Section 26.4.1-67(a) atd26.4.1,-67(b) must be corrected or cease as set forh in
those SeetioaSecdons. Other legal Nonconforming Uses and Legal Nonconforming Buildings or
Standards are permitted to remain, unless and until the occurence of one of the events set forth in
Table 26.5.3-3=, "fught to Continue Nonconforming Uses and Buildings," or the expiration of the
"Legal Nonconforming Buildiflg afld IJse" as set forth in Section 26.5.3-2. In the case of an eveflt
described in Table 26.5.3-3, "Right to Continue Nonconforming Uses and Buildings," the
nonconforming status must comply with the requirements set forth in Table 26.5.3-3., "Right to
Chapter 26. Comprehensive Zoning Ordinance v14
Article V. Regulations Applicable to the I Zore ar,d Oveday Zores.
Continue Nonconforming Uses and Buildings." The existence of Legal Nonconforming Buildings
or Standards or the existence of ^ I-Egil Nonconforming Use shall not be used as a basis or
justification for adding othet structures or uses prohibited elsewhere in the same Zone or Oveday
Zote.
v-15 Chapter 26. Comprehensive Zoning Ordinance
Article \'. Regulations Applicable to the I Zone ard Overlay Zol;.es.
9ec.26.5.3-1.Restdctions on l{onconfonning Buildiflgs and Uses.
There shall be no increase in the Floor Area or square footage used for Legal
Nonconforming Uses.
An existing Building or a pord,on of an existing Building containing a conforming
use at the effective date of this Ordinance cannot be converted to a nonconforming
use.
A nonconforming use shall not be converted to another nonconforming use.
There shall be no decrease in the parking, loading, or mafleuvering capacities as they
exist as of the date of this Otdinance if such decrease would either make conforming
capacities non-conforming or would dectease capacities of an akezdy non-
Expirution of Legal lYonconfomiflg Building aad Use.
Qso/o) of the Floor Area of a nonconforming Building is vacant for a condnuous
period of at two Q) yeas or more.
A Building or portion of a Building shall be considered vacar;:t fot purposes of this
Section when the Building or portion thereof is not legally occupied and used for its
Permittecl Use. For these purposes, leg"ally occupied means that the owlrcr or
occupaflt possesses all necessary cerdfi.cates and perrnits ftom the City, including,
without limitadon, a Cerificate of Occuptncy ar;.d business license, and there is an
ongoing physical use and Occupancy for the intended pulpose.
The running of the nvo (2) year time limit shall not be tolled (suspended) except by
the Directo under the circumstances descdbed in sections (1)
through (5) below, and only if a delay in re-occupylflg a Building tesults ftom the
following ci-rcumstances: (1) the Building is undergoing repairs or renovation,
whether voluntary or as a result of Force Maieure; (ii) the ownel or occupant is
investigating or testing hazardous materials, ot developing a temediation plan, or
temediating or removing any hazardous matedal (as defined in federal and state laws
and tegulations); or (*) th" owner is denied possession of or access to the Building
by an occupant or former occupant (including as a result of a court proceeding or
order). The Directo will not toll the two year time limit,
except if one of the circumstances described in clauses (r, (ii), and (iii) of this Section
is applicable, and undet the following additional circumstaflces:
(1) Not latet than sixty (60) days prior to the expiration of the two year period of
v^c rrcy, the propety owner or his authorized representadve must apply to
the Director @f.ot an extension of the t'uro year time
t.
Sec. 26.5.3-2.
(")
@)
G)
(d)
(^)
o)
G)
Chapter 26. Comprehensive Zoning Ordinance v-16
(d)
G)
Article V. Regulations Applicable to the I Zore auld Overlay Zor,es.
(2) The application shall be made on a form provided by the Director eF
eomm:mtry+errleesand shall contain such informadon as the Ditectot deems
necessary to render a determination.
(3) The Directo shall determine the amount of time
reasonably requfued to complete the work, taking into account the reason fot
the delay, the size of the project, and the amount of time typically required
for completion of similat projects.
(4) The construcdon, renovadon, ot investigation and remediation must be
undertaken in a continuous and diligent manner, without delays or wotk
stoPPages.
(5) Upon completion of the work, the time so determined by the Ditectot of
shall be subtracted ftom the calculation of the period of
time a Building has been determined to have been vacant under patagaph (a)
of this Section.
If an owner disputes the determination of the DLector that at
least 25o/o of the Floor Area of a nonconforming Building has been vacatt for a
continuous pedod of at least nvo (2) years, the ownet shall have the right to appeal
Outdoor Activities and Storage that do not comply with the terms of Section 26.4.1-
O7(a)(3)(v) consdtute a legally nonconforming usage, arad may be condnued to the
same degree as in existence as of the effective date of this Otdinance
7,2020, but may not
be increased during that period.
operational equipment used in the business located on the Lot) whose location
reduces the parking, loading, or maneuvering areas on a Lot to a number below that
required pursuafl.t to this Chapter must be temove{ in order to increase to the extefit
possible the available patking, loading, and maneuvering ^te s on t Lot.
Y-1.7 Chapter 26. Comprehensive Zoning Otdinance
Article V. Regulations Applicable to the I Zore al;.d Overlay Zotes.
W3
able
26.5.3-3
Right to Continue Nonconforming Uses and
Buildinss
nt That
Tdggers
Compliance
USESReq uited Compliance
Bt}trDTNreDE
Conformity with Use Requitements
Conformity
-..1+1.wlul
Developme
nt
Standards
and Site
Planning
Standards
(Including
Parking,
Access,
and
Maneuveri
ns)
Conformity with the 's
Building Code and the
California B uilding Standards
Cotruuission
Over 25o/o of
the Building is
vac rLt for mote
tharr Tw<.r Ye'ars
ubject
to tolling
permitted in
Section 26.5.3-
2(.)1.
Uses within the portion of the
Building that was v^cuflt for over two
years must be Permitted Uses in
accordarlce with this Chaptet.
Prior to the
use of the
potion of
the Building
that was
vacant fot
ovef two
years, the
entire Lot
on which
the Building
is located
must
comply with
all
Developme
nt
Standards
Pdor to the use of the
potion of the Building that
was vacaflt fot ovet two
years, the
osed use must
comply with the cha of
use re ements of the
of the City's current Building
Code and rele t secdons
of the California B
Standards Comrnission.
Chapter 26. Comprehensive Zoning Ordinance v-18
Article \r. Regulations Applicable to the I Zore ard Overlay Zones.
P SIONS:
Repait
Developme c elrt
ntB
Standatds Codeand
and Site relevant
Plan g sections of
Standards in the California
accordance Building
uses oo
the t
st be
Pe tted
[Jses,
Conditionall
y Pe tted
lJses, or
Tempotary
Permitted
Uses in
St
aJl
N
cons flon
with the Crty"
able
26.s.3-3
Right to Continue Nonconforming Uses and
Buildinss
Event That
Td ers
Co liance
USESReq uired Compliance
BT+II+INreDE
Conformity with Use Requirements
Conformity
with
Developme
nt
Standards
and Site
Planning
Standards
(Including
Parking,
Access,
and
Maneuveri
ns)
Conformity with the City's
Building Code a the
Co ssion
and Site
Planning
Standards in
accordance
with this
Chaptet.
v-19 Chapter 26. Comprehensive Zoning Ordinance
able
26.5.3-3
Right to Continue Nonconforming Uses and
W
Event That
Tdggets
Co liance
usssRequited Compliance
BTIHDINreDE
Conformity with Use Requfuements
Conformity
with
Developme
nt
Standards
and Site
Planning
Standards
(Includiog
Parking,
Access,
and
Maneuveri
ns)
Confornity with the City's
gsilding Code and the
Commission
Articlc V. Rcgulations Applicablc to thc I Zonc arrd Ovcday Zorcs.
C
t
s not
to
B
Setback
tot
s in Sec
26.4.7-8(c),,B
Setback " so
loog as the
flcfease ln
Floor Area
does not
encroach
into the
Building
Setback
S
Co tr..
E
COIrS tr
tis
ced
E
B Code
of.Chapter24,
"B and
Cons ction,
" of the Code
(conceming
se$m1c
tequirements),
and relevant
secdons of
the Califomia
Building
Chapter 26. Comprehensive Zoning Ordinance v-20
Article V. Regulations Applicable to the I Zore atd Oveday Zotes.
PYENT TI+\T TRIGGF'RS C0 able
26.5.3-3
Right to Continue Nonconforming Uses and
Buildines
Event That
Tdggers
Compliance
uS$Required Compliance
DEI.GI€IP BUI++IAJrcDE
Conformity with Use Requirements
Conformity
with
Developme
nt
Standatds
and Site
P[anning
Standards
(Including
Patking,
Access,
and
Maneuved
trs)
Conformity with the Ciq/s
Building Code and the
Co ssion
o6'
L
orlt
oflh
the use has
cd
t
all of the
s of Section
26.5.1,
"Off-Street
Pat zr.d
Loading
Facilid.es."
v-27 Chapter 26. Comprehensive Zoning Ordinance
Article V. Regulations Applicable to the I Zote and Oveday Zores.
able
26.5.3-3
Right to Continue Nonconforming Uses and
Not
to
b
t
ce
D
flt
S
or Site
P
SS
of
Ot ance.
N
cons
S
B
C
ret
secdon of the
C
B
Sds
Co sion.
Exis
cons cton
that is
unreinforced
masoffy must
comply with
Article IX
Existing
Building Code
Y-22
DEVEL€iP
S++NDAJT
BUSDIN(reDE
Chapter 26. Comprehensive Zoning Ordinance
Event That
Tdggers
Compliance
USESReouired Comoliance
Conformity with Use Requfuements
Conformity
with
Developme
nt
Standards
an<i Site
Plxnning
Standards
(Including
Parking,
Access,
and
Manernreri
n-o)
Contbtrrity with the City's
Building Code and the
California Buil g Standards
Commission
Article V. Regulations Applicable to the I Zote ard Overlay Zores.
able
26.5.3-3
Right to Continue Nonconfonning Uses and
ofC 24,
'B and
Cq
" of the C
(conc
seis
nts)
mt
sectioos of
the C
Buil
S dards
Co sion.
BUUDINreDEDEVELEP
}G}+F
sT4+{pl+
DSS
v-23 Chapter 26. Comprehensive Zoning Ordinance
Event That
Tdggerc
Compliance
US$Reouired Comoliance
Conformity with Use Requirements
Confotmity
with
Developme
nt
Standatds
and Site
Planniog
Standatds
(Including
Parking,
Access,
and
Maneuved
np)
Conformity with the City's
Building Code and the
Co ssion
Article V. Regulations Applicable to the I Zote ar;ld Oveday Zores.
Table
26.5.3-3
Right to Continue Nonconfotming Uses and
t
tbe
P
IJses,
C
vP d
LJses, ot
Pd
Uses, in
acco ce
C
t
all
D
nt
S
Site
Sin
acco ce
C ter,
excePt that
the t
does not
have to
co ly with
the Building
Setback
requremeflt
s in Section
B
b
cd
or dot
the s
ct
B Code
and t
sections of
the Cali
Buil
Stan ds
Commission..
DEI/EL€IP BI}SDINTDE
Chapter 26. Comprehensive Zoning Ordinance v-24
Event That
Triggets
Compliance
Us$Required Compliance
Conformity with Use Requirements
Conformity
with
Developme
nt
Standards
and Site
Planning
Stan&rds
(Including
Patking,
Access,
and
Maneuved
n-o)
Confoturity with the Ciq/s
Building Code and the
Co ssion
Article V. Regulations Applicable to the I Zorae and Overlay Zotes.
F'VF'NT TFLIT TIUGGF'RS CeM able
26.5.3-3
Right to Continue Nonconforming Uses and
Uses
pe tted
on the t
on the date
of the Force
Majeure
Event may
contrnue.
26.4.1-
8(.)"
ng
,,
SO
AS
N
C
n flot
en ch
into
B
Setb
If
I
nts have not
co eoced
one
(1) year of
the force
ma,ewe
event, the
Entite
B
b ted
or repaired
must co Iy
with the City's
c ent
Buil g Code
and relevant
Y-25 Chapter 26. Comptehensive Zoning Ordinance
Event That
Tdggers
Compliance
US$Reouircd Comoliance
Conformity with Use Requirements
Conformity
wittr
Developme
nt
Standatds
and Site
Plaonfutg
Standatds
(Including
Patkiog,
Access,
and
Maneuveri
ng)
Conformity with the Ciq/s
Building Code and the
Co ssion
Anicle V. Regulations Applicable to the I Zore atd. Overlay Zorrcs.
able
26.5.3-3
Right to Continue Nonconfotming Uses and
ly
all
D
nt
S
Site
Sir
acc
c ,or,
if none e t
for s
use, then as
r dby
a
Conditional
Use Pe t.
Further, if
construcuo
}gAtF
BUH+INreDE
Chapter 26. Comprehensive Zoning Ordinance v-26
Event That
Triggers
Compliance
USBSRequired Comoliance
Conformity with Use Requirements
Conformity
with
Developme
nt
Standards
and Site
Ptanning
Standards
(Including
Parking,
Access,
and
Maneuved
ng)
Conrbrmity with the City's
Building Code and the
Co ssion
Article \'. Regulations Applicable to the I Zote and Overlay Zones.
F'YF'NT TI++T TIUGGFRS eOM able
26.s.3-3
Right to Continue Nonconforming Uses and
co ces
ofle
(1) year of
the force
eute
even! then
the B
be
cons ted
as it existed
prior to the
event,
except that
no Poftlofl
of the
Building
shall be
constructed
within any
Street right-
of-way as
Chapter 26. Comprehensive Zoning Ordinance
W
BUtr+I}JreDEDEVEtEIP
}FNLF
s++N{D,q&
DS-NND
Y-27
US$Reo ed Comnliance
Conformity with Use Requitements
Conformity
with
Developme
nt
Standatds
and Site
Plarmiog
Standards
(Including
Parking,
Access,
and
Maneuveti
ns)
Conformity with the City's
Building Code and the
Co ssion
n
Article V. Regulations Applicable to the I Zote utd Oveday Zores.
of
S
y-28
able
26.5.3-3
Right to Continue Nonconforming Uses and
Event That
Tdggets
Compliance
US$Requited Compliance
}EFTF
BI}EDTNreDE
Conformity with Use Reguirements
Conformity
with
Developme
nt
Standards
an<i Site
Planning
Standards
(Including
Patking,
Access,
and
Maneuveri
ns)
Conrbtmity with the City's
Building Code and the
Co ssion
Chapter 26. Comprehensive Zoning Ordinance
re
€€MPLI+NCE
USES DEIrELEP}4E}+F
ffi
W
SHND+RDS
re
llJl-rrses--en--*e
itr-----2#aftee
qnih____*ils
€haeten
S'taaCatds---and---Site
enapter
{JS,ES DE]rELEPME}TF
STI'NDARDS lrND
W
re
Article \r. Regulations Applicable to the I Zote al;,d Oveday Zones.
Y-29 Chapter 26. Comprehensive Zoaing Ordinance
F,YENT TT+{T TRI€GERS
€EMPTJ+NCE
ST+ND+PNS
@ir@
Article V. Regulations Applicable to the I Zore atd Oveday Zores.
Chapter 26. Comptehensive Zoning Ordinance v-30
Article VI. Special Regulations and Procedures.
Article YI. Special Regulatioos and Ptocedutes.
VI
Sec.26.6.1. Purpose.
To ensure the achievement of the goals and purposes of this Chaptet without creating undue
hardships, and to protect the health, safety, and public welfare, the following tegulations and
procedures ate esablished for Vadances, Conditional Use Permits,
$ec.26.6.2. Variances.
flec.26.6.2-1. Justifications for Vadaaces and Limiadons on Vadances.
(^) Special Circumstances. Yaiztces from the terms of this Chapter shall be gtanted
only when, because of special circumstances applicable to a Log including size,
shape, topogaphy, Iocad.on, suroundings, ot othet condidons, strict enforcement of
the Developmeflt Standards or Site Planning Standards deprives such Lot of
ptivileges enfoyed by other property in the vicinity and under the identical zontng
classif,cation. Variances are not tetminated automatically uPon transfet of the Lot
for which they have been granted, but are subject to expiration as set forth in Section
of a Yaiartce is subject to CEQA, the time periods fot zny nod.ce, resPonse, or
acdon shall comply with the dme frames established by CEQA, notwithstanding any
time periods set forth in this Section 26.6.L, ' ces-"
(b) Conditions. Ary Yaiance gtanted shall be subiect to such condidons that will
ensure that the authorized exception does not consdtute ^ gruflt of special privileges
inconsistent with the limitations imposed on other properties in the same Zone ot
Overlay Zone. The City Council may impose conditions on the Variance to address
^rty pertinent factors affecting the Lot or the establishment, operation, or
maintenance of any requested imptovement, including, but not limited to the
tequirement that the applicant comply with any one or more of the following
condid.ons:
(1) -Installation of buffet ateas, fences, ot walls;
@ Installation of parking faciJities, and surfacing of parking ateas and driveways;
(3) Dedication of a portion of the land for a Right-of-way;
(4) Making or paying fot related street improvements; and
(5) Implementing or using the Variance within a specified period of time.
VI-1 Chapter 26. Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedures.
G) Requfued Petmitted Use. A Vadance shall not be granted for a Building in which
the use is not a Pennitted Use.
9ec.26.6.2-2. Application and Fee. An application for aYaiance shall be made by the property
owner or authorszed agent to the Department of €ommuiryPublic \X/orks,'Water, and Development
Services, on a form provided for that purpose by the City, and shall be accompanied by a filing fee
in an amount established by tesoludon of the City Council. The City may retain, at the applicant's
expense, consultants to study the impacts of the proposed operation on the surrounding properties.
An application fot a Yainnce shall consist of a completed Vadatce Fonn and dre following
attachments:
(") A plot plan which shall show, as m^y be applicable to permit informed
consideration of the request, the surounding land uses; the location and dimensions
of all ; the location and dimensions of all off-street parking,
loading, and storage facilities; the location and width of ingress and egress points to
the Lot; and the locad.on and dimensions and turning radii of all parking and loading
afezs.
@) A floot plan, if applicable, of the building or showing interior
features affected by the requested Variance.
Sec. 26.6.2-3. Notice of Public lfearing. Following presentation of a completed application to the
the matter fot public hearing to be held not less than ten (10) days or more than sixty (60) days from
the date of notice. The City Clerk shall give notice thereof in the manner provided in pangraph (a)
O). Th. nodce shall set forth
the date, dme, and place of the public hearing; the identity of the hearing body or officer; a general
explanation of the matter to be consideted; and a geneml descdption, in text or by diagtam, of the
location of the Lot that is the subf ect of the headng.
G) By mailing nod,ce, containing the same information as tfre published ot posted
nodce, not less ttran ten (10) days prior to the date of the hsaring to:
(1) The owners of all property within a radius of three hundred (300) feet ftom
the Lot for which a Vadance is tequested, using fot this purpose the last
known flames and addresses of such owners as are shown on the last
equalized assessment roll of Los Angeles County;
Q) The owner of the subject Lot or the ownet's duly authodzed agent;
(3) Any Person who has filed a wdtten request for such nodce with the City
Clerk (in which case tfre City may charge a fee that is reasonably telated to
the costs of providing this service and may require each request to be
annually renewed);
(4) The project applicant; and
Chapter 26. Comprehensive Zoning Ordinance YI-2
Article \iL Special Regulations and Procedures.
(5) Each local agency expected to provide water, sewage, streets, schools, ot
other essential facilities or services to the Lot, if the ability to provide the
facilities or services may be significantly affected; and
(b)--By publishing a nodce in a newspaper designated by the City Council for that
purpose. Said newspapet shall be a local flewspaper if there be one; otherwise, a newspaper of
general cfuculation covedng the City of Vernon shall be designated. The notice shall be published
one dme at least ten (10) days prior to the date of the headng; or
5ec.26.6.2-4. Public lleadng, Action of the City Council If, from the facts presented at the
public headng or by an investigation at the instigation of the City Council, the City Council makes
that such Variance ot modificadon thereof should be granted, the City Council may grant the
requested Yaiance in whole, or in parg and upon such tetms and conditiofls as the City Council
may deem proper to preserve the public health, safety, convenience, and welfate and the general
intent and purpose of this Chapter. The City Council shall make its decision on said application
9ec.26.6.2-5. Findings and Decision by Resolution The City Council shall anllounce
its findings and decision by written resoludon. The resoludon shall recite, amoflg other things, the
facts and reasofls which, in the opinion of the City Council, make the granting or denial of the
Variance necessary to c try out the provisions and general pulpose of this Chaptet, and shall otder
that the Variance be gtanted or denied, with such conditions as ^te
found necessary to protect the
Chapter. The Vadance shall not be granted unless all of the following fitdi"S have been made:
^fly
te ant Oveday Zoljle.
the t, the strict applicadon of the applicable Development Standards ot Site
Planning Stan.lrtds would
depdve
app+emtthe Lost of pdvileges graftte+teenfoyed by othersi*similareirc:mst*nees'.
\.I-3 Chapter 26. Comprehensive Zoning Ordinance
Article \T. Special Regulations and Procedures.
G) The granting of the Variance will not consdtute z graitt of special privilege
inconsistent \vith the limitations on other properties in the same Zone rry
^nyrelevant Oveday Zone.arit$*imilat<ne'train+s.
(d) The ptoject is consistent with the General Plan and complies with other applicable
provisions of this Chapter.
G) The Vatiance will not be matetially detrimental to the public health, safety, ot
(9 The Vadance approval places suitable conditions on the Lot to ptotect
Ovetlay Zon
€g)(h) For a Variance approving a Floor Area Ratio grcal$ than 2:\, the tbllowing
additional fiodirp shall be requked:
(1) The suict application of the atio Lo industrial facilit-ies wi[r cxtcnsive
conveyots, silos, towets, tanks, and related features makes the floor atea
Iimitation inapproptiate; and
@ The ptoposed Buildings or Ancillary Stuctures will not adversely affect the
ability of the City to provide public services and utilities to the Lot; and
(3) Surrounding Streets and major Streets providing access to the Lot ate
adequate to accommodate the intensity of development proposed as
established by taffic studies or other studies tequired by the City.
9ec.26.6.2-6. Notice of Decision Not later than ten (10) business days following the rendering of
a decision ordering that a Variance be gtanted ot denied, a letter shall be mailed to the applicant at
the addtess shown on the application filed with the City Council stating the decision of the City
Council. If a resolution of the City Council ordets that the Yanance be gtanted, it shall also recite
such conditions and limitations as the City Council may impose. The resolution of the City Council
announcing its findings and detetmination after the headng on an application for a Yaiance shall
become a pefinanent record in the fiIes of the City Clerk.
Sec. 26.6.2-7. Effective Date of Order Granting or Denyiog a Yadaace. The order of the City
Council in ganting or denying a Yaizl;'ce shall become final and effective on the date of the
adoption of the resoludon.
5ec.26.6.2-8. Time Requfuemeats for Use of Variance. Any Variance approved by the City
Council shall expire and become null and void if:
(") There is retno evidence of substantial use of the rights and privileges granted by the
Yariar.ce within one (1) year ftom the date on which the Variance was granted; or
Chapter 26. Comprehensive Zoning Ordinance \T-4
Article \T. Special Regulations and Procedures'
O) The use for which the Vadance was granted has ceased to exist or has been
suspended for at least one hundted twenty (120) continuous calendat days.
If an application for an extension of the above time requirements is filed prior to the expiration of
the applicable time requitement, the City Council m^y gr^flt one extension of dme, not to exceed
one year from the time limit specified, without a public hearing. Any additional request for an
extension of the time limit shall be tteated as a flew application for a Vrriance.
5ec.26.6.2-9. Revocatioa of Vadance.
(") lr{otice of Public lfearing. Following receipt of a recommendation from the
Clerk shall set the matter for public hearing to be held not less than ten (10) days not
more than sixty (60) days ftom the date of notice. The City Cletk shall give notice
City Counci. may by resolution revoke arry Yaiaoc
based upon the determination that the
improvement authorized by the Variance has become detrimental to the public
health, safety, or general welfare, or the manner of operation consdtutes or is
creating a nuisance, based on any one of the following findings:
(1) The circumstaflces under which the Variance was granted have been changed
by the applicant to the exteflt that one or more of the findings contained in
the original Yznance can flo longer be made in a positive manfler, and the
public health, safety, and general welfate require the revocadon or
modification;
The use or business for which a parking or maneuveirg Yaitflce was
gmnted has been changed to the extent that one or more of the findings
contained in the original Variance can no longet be made in a positive
manlrer, and the publi health, safety, and general welfare tequire the
revocadon ot modification;
The Vadance was issued, in whole or in Part, on the basis of a
misrepresentation or omission of a material statement(s) in the application or
in the applicant's testimony presented duting the public hearing fot the
Variance;
One or more of the conditions of the Variance have not been substantially
fuIfilled or have been violated; or
(2)
(3)
(4)
o)
G)
(5) The improvement authodzed by the Vadance is in violation of any code, law,
ordinance, regulation, or statute.
Findings. The City Council shall render written findings settiflg forth reasons fot
revoking or modi$.ing the Variance.
Notification If the Variance is modified ot revoked, nodfication of the City
Council acdon shall be mailed to the owner of the subject Lot or the owner's by the
VI-5 Chapter 26. Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedures.
City Clerk and shall include a copy of the City Council resolution speciSring the
reasons for the revocad.on or modifi.cation of the Variance.
5ec.26.6.2-10. Prcuiously Gruated Vadance. Any Variance granted pursuant to ^f,y zontng
ordinance enacted prior to the effective date of this Ordinance shall be construed to be a Variance
under this Chapter subject to all conditions imposed thereunder. Such Variance may, however,
expire, as provided in Section 26.6.2-S, "Development Agreemeflg" or be modif,ed ot tevoked as
Sec. 26.6.3. Conditional Use Petmit.
The City Council shall have the authority, subject to the provisions of Chaptet, to gr^flt
^Conditional Use Permit whenever it finds the granting of a Conditional Use Permit is consistent
with the requirements, intent, and purpose of this Chaptet. The purpose of a Conditional Use
Permit is to allow proper integration of uses into the community which may only be suitable in
specif,c locadons or designed and constructed in a particular maoner ot under certain condidons.
Conditional Use Petrrrits are not automatically terminated upon transfer of the Lot fot which they
have been gtanted, but ate subject to expfuation as set foth in Section 26.6.3-7,'
iec.26.6.3-1. Application and Fee. Application for a Conditional Use Permit shall be made by the
D Sen ices, on a form provided for that purpose by the City, and shall be accompanied
by a fiIing fee in an amount established by resolution of the City Council. The City may ret^ifl, ^tthe applicant's expense, consultants to study the impacts of the proposed operadon on the
surrounding properties. Application for a Conditional Use Permit shall consist of a completed
Conditional Use Permit Form and the following attachments:
(r) A plot plan which shall show the surrounding land uses; the location and
dimensions of all Buildings and structures; and the location and dimensions of all
off-sfteet parking, loading, and storage facilities. The plot plan shall show ateas for
proposed Outdoor Storage and Activities, including ateas proposed for vehicle
washing or maintenance and rcpug equipment; outdoor storage; the location and
height of all fences, walls, screens, or landscaped areas in relation to the operatron of
the proposed use; the location and width of ingtess and egtess points to the Lot; the
location and dimensions and tuming radii of all parking and loading areas; and
proposed truck routes through the City.
(b) A floor plan showing:
(1) The proposed location for all intetiot walls and all major equipmcnt; and
Chapter 26. Comprehensive Zoning Ordinance \.I-6
Lrticle \iI. Special Regulations and Procedures.
Q) The areas proposed for storage, use, or ptocessing of explosive, toxic,
infecd,ous, or hazardous materials (as defined in federal and state laws and
regulations), and the facilities and equipment to protect afld contain or
suppress accidents ot fires involving said materials.
G) An operations plan describing in detail each function of the proposed use, the
houts of operation, and any impacts to adjoining properties.
(d) A uaffic study showing the maximum numbet of vehicles ttaveling daily to and
ftom the Lot, the approximate times vehicles urill enter and exit the Lot, the number
of Spaces that vrill be tequfued, the available maneuvering
space, and the normal routes the vehicles would be expected to take to and from the
Lot. The Directo may request additional information and
studies conceming impacts on the level of service of Streets th* may be caused by
taffrc to and from the Lot.
G) An envitonmental checklist describing potential impacts to the enrrironment and
neighboring properties.
5ec.26.6.3-2. Notice of Public lleadng. Following presefltation of a completed application to the
the matter for public hearing in not less than ten (10) days nor more than sixty (60) days, and shall
give notice of the time and place of the hearing and the information conceming the subiect matter
and pqpose of the meeting in the manner described in Section 26.6.2-T,'T.{odce of
H."
5ec.26.6.3-3. Public Headng, Action of the City Council If, from the facts presented at the
public hearing or by an investigation at the instigation of the City Council, the City Council makes
such Conditional Use Permit or modification theteof should be granted, the City Council m^y gla;flt
the tequested Conditional Use Permit in whole, or in part, and upon such terms and conditions as
the City Council may deem proper to preserve the public health, safety, convenience, afld genetal
welfare, and the general intent and purpose of this Chaptet. The City Council shall make its findings
and determinadons upon said application within thtrtf (30) days after the conclusion of any hearing
5ec.26.6.3-4. Findings and Decision by Resolution The City Council shall announce its
findings and decision by written tesolud.on. The tesolution shall recite, among other things, the
facts and reasons which, in the opinion of the City Council, make the granting or denial of the
Conditional Use Permit necessary to c rnl out the provisions and general pqpose of this Chapter,
and shall order that the Conditional Use Permit be gtanted or denied. The Conditional Use Permit
shall not be gtanted unless all of the following findings have been made:
(") The Lot for the proposed use is adequate in size, shape and topography, including
any requfued &ainage and landscaping;
w-7 Chapter 26. Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedures.
&) The ptoposed use will benot ha.e a matetid adverse effect on the public;
G) The proposed use is compatible with the Petmi*e#Usesexistrng authodzed uses of
suffounding and adjacent properties;
(d) The Lot has adequate off-sueet pa*ing aod loadi.g facilities, and ve
rability for the ptoposed use;
laws, rules and regulations;
general welfare as a result of noise, increased trzfftc, interfetence with the flow of
taffrc, E and
the public health, safety, and genetal welfare.
flec.26.6.3-5. Notice of Decision Not Iater than ten (10) business days following the rendeting of
a decision ordering that a Conditional Use Permit be granted ot denied, a letter shall be mailed to
City Council.
5ec.26.6.3-6. Effective Date of Ordet Grunting ot Denying a Coaditioaal Use Permit. The
order of the City Council in granting or denying a Conditional Use Perrnit shall become final and
effective on the date of the adoption of the resolud.on.
5ec.26.6.3-7. Time Requirements for Use of Coaditional Use Permit. Any Conditional Use
Permit approved by the City Council shall expire and become null and void if
(r) There is o evidence of substantial use of the dghts and privileges granted by the
Conditional Use Pemrit withifl one (1) yeat ftom the date on which the Conditional
Use Permit was gtanted; or
O) The use for which the Conditional Use Permit was gtanted has ceased to exist or has
calendar days.
If an application for an extension of the above time requirements is filed prior to the expiration of
the applicable time requirement, the City Council may gr^flt one extension of dme, not to exceed
one year from the time limit specified, without a public hearing. Any additional tequest for an
extension of the time limit shall be treated as a new application for a Conditional Use Permit.
G)
VI_8Chapter 26. Comprehensive Zoning Ordinance
Article \iI. Special Regulations and Procedures.
*ec.26.6.3-8. GeneruI Conditions. The City Council shall impose condidons on the Conditional
Use Permit to protect the public health, safety, and genetal welfare. Such conditions may, without
limitadon, include:
(^) Regulation of use;
O) Specialyatds, spaces, and buffers;
G) Fences and walls;
(d) Surfacing of patking areas subiect to City specifications;
G) Dedication of a portion of the land for a Right-of-way;
(0 Making or paying for related street imptovements;
(g) Regulation of points of vehicular ingress and egtess;
(") Regulation of signs;
(, Requiring Landscaping;
(k) Requiring maintenance of the Landscaping and the gtounds;
(l) Requiring adequate parking and loading sPaces;
(-) Regulation of noise, vibration, odots, and similar concerns;
(") Regulation of time fot certain activities;
(") Regulation period within which the proposed use shall be implemented ot
used;
b) Dutation of use; and
(q) Such other condidons as will make possible the development of the project in an
orderly and efficient manner in conformity with the intent and purposes set forth in
this Chapter.
Sec. 26. 6.3- 9. Revoca tion or +MituAnend rn ent of Condi tional Us e Permi t
(^) Revocation or*{odifieadoaAmendnent of Conditional Use Permit Following
receipt of a recommendation ftom the Director @that the
Conditional Use Permit be revoked ot mediEedamended, the City Clerk shall set the
matter for public hearing to be held in not less than ten (10) days or more than sixty
(60) days from the date of nodce, and shall give notice thereof in the manner
provided in Section 26.6.2-3=, "Notice of Pubhc Hearing." The City Council may by
resoludon revoke any Conditional Use Permit (ot, if a revocadon is not justiFred, the
\.I-g Chapter 26. Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedures.
City Counc:/-rll'ty, instead, modi$ramend the Conditional Use Permit) based upon the
determination that the use authorized by the Conditional Use Permit has become
detdmental to the public health, safety, or general welfare, or the manner of
operadon consdtutes or is creating a nuisance, based on any one of the following
findings:
(1) The cfucumstances under which the Conditional Use Permit was gmnted
have been changed by the applicant to the extent that one or more of the
findings contained in the odginal Colditional Use Permit carl flo lorrget be
made in a positive manner, and the public health, safety, and genetal welfare
require the tevocad.on ot modificadon;
@ The Conditional Use Penrrit was issued, in whole or in part, on the basis of a
misreptesentation ot omission of a mateial statement(s) in the application ot
in the applicant's testimony presented during the public headng for the
Conditional Use Permit;
(3) One or mote of the conditions of the Conditional Use Permit
lated; ot
(4) The use authodzed by the Conditional Use Permit is in violation of any code,
law, otdinance, tegulation, or statute.
O Findings. The City Council shall render wdtten fiodioS setting forth reasons for
revoking or modifring the Conditional Use Pemit.
G) Notifrcatioo. If the Conditional Use Permit is revoked or modified, notification of
Clerk and shall include a copy of the City Council resoludon speci$ring the reasons
for tevoking or modilring the Conditional Use Pernit.
(b) Qualifications fot Filiag. Any application filed for a minor modification that also
complies with the tequirements and findings as set forth in Section 26.6.3-4,
minor modification in the site development plan, arangement of facilities, or
Chapter 26. Comprehensive Zoning Ordinance VI-10
G)
Article VI. Special Regulations and Procedures.
activities at the site adequate to accommodate the opetation of the use of land
operating under a vahd Conditional Use Permit, or ^ny of the condidons of petmit
issuance, and determinad.on thereof has been made at the disctetion of the Directot,
may quali$, for a Conditional Use Pe Minor Modification.
The otder of the Directot in ot denying a Minor Modification to a
Conditional Use Pe t shall become final and effective on the date of the
sigmng of the nodce of decision.
vi-11 Chapter 26. Comprehensive Zoning Ordinance
Article \rI. Special Regulations and Procedures.
(6) Appeals. Following the City Clerk's receipt of a written appeal contesting
any acdon or decision of the Director that has been submitted to the City
Clerk within thirty (30) days aftet the date such acdon or decision was taken
by the Director, the City Clerk shall set the appeal for a public hearing. The
public hea g shall be held not less than ten (10) days nor more than sixty
(60) days ftom the City Clerk's receipt of the appeal. The City Clerk shall
^P r.
8ee.--2t5#.41&-Sec. 26.6.3-12- Existing f/ses. Uses existing on the effective date of this Otdinance
that were legally permitted prior to the effective date of this Otdinance may condnue as Legal
See-A64*11-5ec.26.6.3-13. Prcuiously Gnnted Conditional Use Petmit Any Conditional Use
Permit granted prusuant to any zoning otdinance enacted pdor to the effective date of this
Ordinance shall be construed to be a Conditional Use Permit undet this Ordinance subject to all
conditions imposed in such Conditional Use Permit, subiect to the teuxrs of Section 26.5.U,'
Nonconfo Status." Such Conditional Use Permit may, howevet, expire as ptovided in Section
but are subject to expiration as set forth in Section 26.6.4-9, "Time Requfuements for Use of Minor
Conditional Use Permit," and modification or revocation as set foth in Section 26.6.4-12,
"Modification of Minor Conditional Use Permit," and 26.6.4-1,3, "Revocad.on of Minor Conditional
Use Permit." If the ganting or denial of a Minor Condiuonal Use Permit is subject to CEQA, the
Chapter 26. Comptehensive Zoning Ordinance YT-12
\rticle VI. Special Regulations and Procedures.
time periods for any nodce, response, ot action shall comply with the time ftames established by
CEQA, notwithstanding any time periods set forth in this Section 26.6.4, "Minor Conditional Use
Permit."
5ec.26.6.4-2. Minot Coaditional Use Permit - Applicatioa aad Fee. Application for a Minor
of Public \)7orks, Water, and Development S es, on a form provided fot that purpose by the
lo
and from the t.
neighboring prope s.
5ec.26.6.4-3. Minor Conditional Use Permit - Public lt{otice. Following ptesentation of a
completed application to the Depaftrnent of Public !7orks, Water, and Development Services, the
City Clerk shall give nodce that a Minor Con onal Use Permit is to be considered. Such notice
shall be mailed to all property ou/flers within a three hun&ed (300) foot radius of the property whete
VI-13 Chapter 26. Comprehensive Zoning Ordinance
\rticle VI. Special Regulations and Procedues.
the Minor Conditional Use Permit is proposed. The notification shall provide a general explanation
of the matter to be considered and a genetal ds5criFtion, in text or by diagtam, of the location of the
Lot that is the subject of the decision, and shall provide a comment period of not less than fourteen
(14) calendat days.
iec.26.6.&4. Minor Conditional Use Petmit - Detetmination, Action of the Director If, ftom
the facts presented via public comrnents and by an investigation at the instigation of the I)irector,
;
r tions;
characteristics; and
O) The conditions stated in the decision are deemed necessary to protect the public
health, safety, and general welfare.
Chapter 26. Comprehensive Zoning Ordinance VI-14
Article \rI. Special Regulations and Procedutes'
fiec.26.6.4-7. Notice of Decision Not later than ten (10) business days following the rendering of
a decision ordering that a Minor Conditional Use Permit be gtanted or denied, a letter shall be
mailed to the applicant at the address shown oo the application filed with the City 512ting the
decision of the Directot.
*ec.26.6.4-8. Effective Date of Otder Gtanting or Denying a Minot Conditional Use Pemit
G) ofuse;
O Fences ;
Requiring Landscaping;
Requiring maintenance of the Landscap and the grounds;
(o
G)
(9
(g)
(h)
(D
0)
G)
VI-15 Chapter 26. Comprehensive Zoning Ordinance
{rticle VI. Special Regulations and Procedures.
(l) Requiring adequate parking and loading spaces;
(-) Regulation of noise, vibration, odors, and similar concerns;
(p) Duration of use; and
the Citv to suhsfantiate fhe annellant's claim-
6.
acts; and
Sec. 26.6.4-13. Revocation otA-aendmef,t of a ot Coaditional Use Permit
(") Revocation ot Amendmeflt of a Miaot Conditional Use Pennit Following
teceipt of a recommendation ftom the Director that a Minor Conditional Use Permit
be revoked, the City Clerk shall set the matter for public hearing to be held in not
less than ten (10) days ormore than sixty (60) days from the date of nodce, and shall
Chapter 26. Comprehensive Zoning Ordinance \T-16
Article \T. Special Regulations aod Procedures.
give notice thereof in the manfler ptovided in Section 26.6.2-3, "Notice of Public
Headng." The City Council may by resoludon tevoke any Minot Conditional Use
Permit (ot, if a revocad.on is not justified, the City Council may, iflstead, amend the
Minor Conditional Use Permit) based upon the determination that the use
Use Pe
Se ces, on a fotm ptovided for that purpose by the City, and shall be accompanied by a filing fee
the Police, Fire and Health Departrnents to ensure the operation of the Temporary Use plans and
maintains adequate ttzffic control, security, safety provisions andar,y othet appiicable requiremeflts.
\rI-17 Chapter 26. Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedues.
Sec. 26.6,5-3, Applicability. The provisions established in this Section, "Temporary Use Permits."
shall only apply to proposed temporary activities on property not owned or controlled by the Cty
("Non-City Property'). Proposed temporarF used by non-City parties of City owned or conftolled
property ("CitF Property") may be authorized via issuance of a special events permit. For proposed
temporary land uses on Non-City prope , the following two categodes of temporary land uses
identift the level of permit requited, if any,based on the proposed duration, size, and e of rrse:
0)
outdoor entertainment/sporflng eveflts, and todeos limited to s nine (9)
consecutive days ot fewer, or three (3) trvo(2)-day weekends, within a twelve
o\
(3)
(4)
o)
Chapter 26. Comprehensive Zoning Ordinance \aI-18
Article W. Specid Regulations and Procedures.
(12)-month period. If an annual plan is submitted to and approved by the
Director, the frequency and duration of these special eveots may be
extended.
Outdoor display ot sale events conducted by a business holding a valid
less.
uses.
P uses.
^PP nt.
5ec.26.6.5-6. Findings and Decision The Director (or the Council on a referal) tr:ray approve,
conditionally approve, or deny a Temporary Use Permit application. e Tempotary Use Permit
shall not be gtanted unless all of the following findings have been made:
(3)
(4)
(s)
VI-19 Chapter 26. Comprehensive Zoning Ordinance
\rticle VL Special Regulations and Procedutes.
(r) The operation of the requested temporary use at the location proposed and within
the time period specified will not en 4 ieopatdtze, or otherwise constitute a
ob j ectionable characteristics;
D
e
(r) Fixed period of t
O) Operating hours and days;
G) Temporary pedes {an and vehicular cLc tion;
(d) Regulation of nuisance factors;
(.) Regulation of temporary structures;
Chapter 26. Comprehensive Zonhg Ordinance VI-20
Article VI. Special Regulations and Procedures.
Litter, sanitary, and medical facilities;
\il7aste collection, tecycling, andf or disposal;
Police / security and safety measures;
Ss;
(0 4 sanitary, and medical facilities;
(g) STaste collecdon, recycling, andf or disposal;
(t ) Police/security and safety measrres;
(f)
(s)
(h)
(,
VT-21 Chapter 26. Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedures.
(r) Srgns;
(j) Performance bond or other security;
(k) Limitations on alcoholic beverage sales;
0) Compliance with applicable p ions; and
Sec.2tf.6.5-12. Such other conditions as will make possible the ternporary use in an orderly and
$ee-265*5ec.26.6.6. lsningOtdinance otTextAmendrnent.
8*-36i.4L-5cc.26.6,G1. Putpose. Whenevet public necessity, convenience and general welfare
require, the boundades of the Zote and the Overlay Zones established by this Chapter, the
classification of property uses thetein, or other provisions of this Chapter may be amended as
follows:
(") By ndi.g &s lsning Map, ot
O) By revising the text of the Ordinance.
Se--36542-5ec.26.6.6-2. ,4meadtnents. Amendments of this Chapter and the Zonng Map
which is a part heteof, may be adopted as follows:
G) An Amendment rnay be initiated by the vetified application of the owner or owrers
of property which is proposed to be changed or reclassified, whenerrer an
Amendment, supplement to, ot change in the regulations ptescribed fot the property
is desired; ot
1b) The City Council may introduce and adopt an ordinance as ptovided in the City
cbarter.
S*-26443-Sec. 26.6.6-3. Notice of Public Elearing. Within sixty (60) &ys after (a) teceipt of a
completed application by the owner or owners of property or O) introduction of an ordinance by
the City Council, as the case may be, the City Clerk shall set the mattet fot public hearing to be held
not less than ten (10) days and not mote than sixty (60) days from the date of notice of the public
65091. If the graoting or denid of an Amendment is subject to CEQA, the time pedods fot any
notice, response, or acdon shall comply with the time ftames esablished by CEQA, not'*rithstanding
See-265a4-Sec. 26.6.6-1. City Couacil to,4-aaounce Decisioa A-fter the Public Elearing. The
City Council shall announce its decision and if the Amendment is approved, shall adopt an
ordinance incorporating the decision. The ordinance shall recite the facts and teasons which, in the
opinion of the City Council, make the approval of the application fot the Amendment necessa{r to
caffy out the general purpose of this Chaptet.
Chapter 26. Comprehensive Zoning Ordinance w-22
Article \rI. Special Regulations and Procedures.
See-2654-5-Sec. 26.6.6-5. Notice of Otdinance At the time the ordinaflce becomes effective,
one copy of such ordinance shall be forwatded to the applicant at the address shown upon the
application.
.*e--26,64-6-5ec.26.6.6-6. Zoning Mrp Modification If the Amendment involves an
amendment to the Zontng Mzp, the Departrnent of ublic !7orks, 'U7'atet, and
Development Senrices, immediately following the effective date of the ordinance, shall cause the
ZonngMap to be so modified. Copies of the modified ZonngMap shall be available to the public
on tequest.
$ee=264*Sec.26.6.1.Inteqptetations, Minor Exceptions, and Appeals.
Se-16i.5-*5ec.26.6.7-1. fntetptetations. The Directo shall have the
power to interpret the provisions of the Zoning Otdinance when any ambiguity or lack of clarity
exists and to make determinations as to whethet a ptoposed use is substantially similar to a
Permitted Use and is therefore permitted of right or through obtaining a Conditional Use Permit ot
*e.-265.A-"--5ec.26.6.7-2. Record of Intetpretations. The Director shall
keep a written tecord of interpretad.ons made on file in the Department of ,
the date of the inteqpretation. The tecord shall be available for public teview dudng the normal
Sre-16A.A-*-5ec.26.6.7-3. Exceptioas. The Director hall have the
authority to make minot excepdons or adjustrnents to the standatds contained in this
the reduction of any standard by an amount greater than ten percent (10W. Any deviation from a
standard which exceeds ten percent (10%o) shall be made only in accord with Section 26.6. ,
'Variances)," of this Chapter.
See.--25#5A-Sec.26-6.7-4. Recotd of Exceptions. Any exception made by the Ditecto
in accord with the provisions of this Section shall be duly recotded in concise
Ianguage and with accompanying &awings as requited. The tecord shall be filed in the Departnent
address or other teasonable system to permit reference to the excepdon made at any future date.
5ee.-24.a,5-5-5ec,26.6.7-5. Appeals. Following the City Clerk's receipt of a written appeal
contesting aley acdon or decision of the Director at has been submitted to
the City Clerk within thrrty (30) days after the date such action or decision was taken by the Director
o+eommr:nrry-Serriees, the City Clerk shall set the appeal for a public hearing.
w-23 Chapter 26. Comprehensive Zoning Ordinance
Article VL Special Regulations and Procedures.
9ec.26.6.7-6. See=264,6-:The public headng shall be held not less than ten (10) days nor more than
sixty (60) days from the City Clerk's receipt of the appeal. e City Clerk shall give notice of the
"Notice of Public Headng." The appellanf may appear in person before the City Council or be
substantiate the appellant's c
Sec. 26.6.8. DevelopmentAgteement.
See-;)ert.a-6-5ec.26.6.8-1. bility. Development Agteements are
authorized by Califomia Govemment Code Section 65864 as a means of ptoviding both the city and
property owners with assurances that development projects can be completed undet the terms,
condidons, and regulations in effect at the time that authority is gtanted to proceed with a proiect.
duation of the agreement. The Development Agreement shall specifr the permitted uses of the
property, the density or intensity of use, the maximum height and size of proposed Buildings, and
provisions for tcscrvad.on or dcdication of land for public puq)oscs, if any tcscrvadon ot dcdication
is required by the City of Vernon. The Development Agreement may include condidons, terms,
resttictions, and requirements for subsequent discretion^ry actions, provided that such conditions,
terms, restd.ctions, and requirements for subsequent discretionary action shall not prevent
development of the land for tfre uses and to the density or intensity of developmeflt set forth in the
Agteement. The Development Agreement may provide that construcd.on be commenced within a
specified dme, that the project be completed within a specified irtr,e, and.for may provide for
construcdon to be accomplished in phases. The Development Agteement may contain such other
provisions zs m^y be considered necessary or proper by the City Council to further legitimate City
interest or to protect the public health, safety, and welfare so long as such terrns are not inconsistent
with the provisions of State law relating to Development Agreemeflts, nor inconsistent with the
ordinances, policies, plans, or tesoludons of the City of Vemon.
Council shall make the following fiodirgr with regatd to the proposed Development Agteement:
(^) e Development Agteement is consistent with the Geneml Plan objectives,
policies, land uses, and implementadon programs and arny other adopted plans or
policies applicable to the agreement.
O) he Development Agreement is compatible with the uses authorized in, and
the regulations prescdbed for, the land use district in which the real property is
located.
G) he Development Agreement will promote the public convenience, health,
interest, safety, and general welfate of the City and will not be detrimental to or cause
adverse effects to adiacent property ownets, tesidents, or the general public;
Chapter 26. Comprehensive Zoning Ordinance VT.24
\rticle \T. Special Regulations and Procedures.
(d) he associated proiect will furthet important citywide goals and policies that
have been officially recognDed by the Council; and
G) e Development Agteement is consistent with the provisions of Califomia
Govetnment Code Secdons 65864 thtough 65869.5.
9ec.26.6.8-4. -5ee-.--2ti46FDenial of Development Agreement- The City Council, in its sole
discredon, may decide not to enter into the Developmeflt Agteement on the gtounds that, in its
opinion, the ptoposed Agreement is not in the best intetest of the public.
Sec. 26.6.8-5. Public lfeadngs and Adoptioo. -A public hearing shall be held on the
proposed Development Agteement by the City Council. Notice of the public hearings specifred in
this Chaptet shall be given in the form of a nodce of intention to consider approval of. a
Development Agteement in compliance with Goverflmerit Code Sectiot 65867 and in the manner
descdbed in Section 26.6.2-3,,'Nodce of Public He ." Development Agreements shall be
adopted by ordinance of the City Council, which consdtutes final action and approval of the
agreement. After the effective date of the ordinance apptoving the Development Agteement, the
City may enter into the agreement.
County Recorder's Office no later than ten (10) days after it is executed and a confirming copy of
the recorded document shall be sent to the City.
otherw'ise provided in a Development Agteement, eithet p^rty m^y propose an amendmeflt to or
cancelladon, in whole or ifl part, of a Development Agreement previously entered into. The
procedue for proposing and adoption of an amendment to or cancellad.on, in whole or in part, of a
Development Agteement shall be the same as the procedure for entering into an Agteement in the
fust instance, including but not limited to the nodce of and the public headngs as specif,ed in this
Chapter. In the event that a Development Agteement is canceled or terminated, all rights of the
private party under the Development Agteement shall terminate. Except as otherwise ptovided in
the Developmeot Agreement, the City m^y, ^t its sole disctedon, retain any al;.d all benefits,
including reservadon ot dedications of land, improvements constructed, and payments of fees,
teceived by the City.
approved and executed in compliance with this Chapter shall be subiect to City review, as specified
in the Development Agreement, during the firll term of the agreement, but in no case less than every
twelve (12) months ftom the date of execudon of the Agteement. The time for rerriew may be
amended either by agreement between the parties or by initiation of the City Council.
Sec.26.6.9. W6J-ReasonableAccommodation.
t;ee,46-.#Sec. 26.6.9-1. bility. A request for Reasonable
Accommodation may be made by any person with a disabiJity, or their reptesentadve, when the
application of a zoning, land use or building regulation, policy or practice acts as a barier. to equal
housing opportunities. If a Reasonable Accommodation request is approved, the tequest shall be
Y7-25 Chapter 26. Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedures.
granted to an individual and shall not run with the land unless the €emmunilr-SerrreerDirector
determines that:
(r) (Q--The modification is physically integrated into the tesidential stmctue and
calulot easily be removed or alteted to comply with applicable codes; or
O) e accornmodation is to be used by anothet disabled person.
9ec.26.6.9-2. tee.-46$#Proceedings. A request for Reasonable Accommodation shall state the
basis of the request including, but not limited to, a modificadon or excepd.on to the tegulations,
standards and practices for the development and use of housing or housing-related facilities that
would eliminate regulatory barriers and provide a disabled person equal oppornrnity to housing of
his or her choice. Th Director may request additional infonnation necessary fot
making a determinauon on the request tbr Reasonable Accommodadon that complies with the fait
housing law protections and the pdvacy dghts of the disabled person to use the specified housing.
before any acdon is taken to approve or deny a request for Reasonable Accommodation;
(r) he housing that is subiect to the request will be used by afl ifldividud with a
disability, as defined under Federal Fair Housing Amendments Act of 1988 and
Califomia's Fair Employmeflt and Housing Act;
(b) he request for Reasonable Accommodation is necessary to make specific
housing available to an individual with a disability;
(.) e requested Reasonable Accommodadon would not impose an undue
financial or administrative burden on the City;
(d) e requested Reasonable Accommodation would flot require a fundamental
alteration in the nature of a City program or law, including, but not limited to, land
use and zonlng, and
G) here are no other alternative Reasonable Accommodations that may
ptovide an equivalent level of benefit at a similar cost while providing greater
consistency with the City's laws and tegulations.
th Director ot the City Council if the request was appealed, on a designated
form, or a stamp approval on a set of plans, shall signi$, apptoval of a Reasonable Accommodation
request.
Sec. 26.6.10. ensity Bonuses.
See-266.5-S-Sec. 26.6.10-1. ---See-16,6*#Compliance with State Law. T};'e City heteby adopts
by reference Govemment Code Sections 65915-65918 et seq. tegarding density bonuses and othet
incentives fot accommodating the development of housing fot horrseholds of specified income or
for senior cidzens, as set forth in the statute.
Chapter 26. Comprehensive Zoning Ordinance vI 26
Article VI. Special Regulations and Procedues.
w-27 Chaptet 26. Comprehensive Zoning Ordinance
Article VIL Zoning Regulations for Adult or Sexually Oriented Businesses.
Article YlI. Zofing Regulations for Adult or Sexually Odented Businesses.
VII-
Sec.26.7.L Purpose.
It is the intent of this Article to preveot advetse economic impact to the businesses and tesidents of
the City, and to take steps to minimize potential increased crime, incteased incidence of
communicable disease, decreased property values, and the detedoration of neighbothoods which
can be brought about by the increase in the numbet of Adult or Sexually Oriented Businesses, or
their location in close proximity to each othet, ot theit proximity to other uses that are not
compatible with Adult or Sexually Oriented Businesses. The City Council finds that it has been
demonstrated in various communities that the concenttation of Adult ot Sexually Odented
Businesses causes a depreciation in property values, an increase in the numbet of tansients in the
zte4' ^tt increase in cdme, an increase in noise, litter, and vandalism, and in addition to the effects
described above, can cause other businesses to move elsewhere. It is, therefore, the purpose of this
Aticle to establish reasonable and unifotm regulations to prevent any inctease in the number of,
and any further concentradon of Adult or Sexually Oriented Businesses, or theit close proximity to
incompatible uses, while permitting the existence of existing Adult ot Sexually Oriented Businesses
in certain limited areas. The requirements and regulations set forth in this Article YII Zo
requirements for obtaining a business license.
Sec.26.7.2. Definitions.
As used herein, the tenns and phrases shall have the same meaning as defined in Chapter 5 B s
$ec.26,7.3. Location Requirements.
5ec.26.7.3-1. Zon Adult or Sexually Odented Businesses shall be
permitted only in the C-2 Ovetlay Zot
9ec.26.7.3-2. Requfued Distances. No Adult or Sexually Oriented Business shall be opened as a
new business, converted ftom an existing business, established, Iocated, expanded, or operated
within certain distances of certain specified land uses as set forth below:
(") No Adult or Sexually Oriented Business shall be established on a Lot located within
one thousand (1,000) feet of any other Lot containing an Adult or Sexually Oriented
Business, whether such other Lot is located inside or outside the City limits. The
required minimum distance between any two Adutt or Sexually Odented Businesses
shall be measured along the Street, whether public or private, ftom the nearest side
or reat Lot Lnes of the Lots upon which such uses ate located.
\1I-1 Chapter 26. Comprehensive Zoning Ordinance
Article VII. Zoning Regulations for Adult or Sexually Oriented Businesses.
No person shall cause or pefmit the establishment or maintenance of more than one
Adult ot Sexually Oriented Business on the same Property.
No such business shall be established or located within one tfrousand (1,000) feet of
any Residence, public park, recreational area, public building Religious Use, school,
boys' club, girls' club, or similar existing youth organizaiofl, Bar, pool hall, or liquot
store, whet}er such other use is located inside or outside tJre City limits. The
required minimum distance between an Adult or Sexually Oriented Business and
such othcr spccificd uscs shall bc mcasurcd along thc Strccg whctlct public ot
private, ftom the nearest side or rear Lot lines, of the Lots upon which such uses are
located.
&)
G)
Chaptet 26. Comprehensive Zoning Ordinance VIT-2
.\rticle VIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
Article Ylll. Zorrtng Regulations fot Off-Site Outdoot Advertising Structutes.
ActieleYlltr-. \|I[
Sec. 26.8.1. Application of Article.
This Article shall apply to all commercial Outdoot Advertising Structutes within the City that are
not located on the same Lot as the goods or senrices being advertised. This Article does not aPply
to on-site or noncorilnercid Outdoor Advetising Structures. All le established off-site
commercial Outdoor Advertising Structutes existing on the effective date of this Ordinance that are
not in compliance with the requfuements of this Article arel-ngal Nonconforming Uses.
The installadon, construcdon, modification, or replacement of arry Outdoor Advertising Structure is
complying with all other conditions imposed by this Article.
Sec. 26.8.3. General Conditions.
Sec. 26.8.3-1. S@ Dimensions.
(r) The sign fzce of an Outdoot Advetising Structure shall not exceed eight hun&ed
fifty (850) square feet in area, including the border and tdm, but excluding the base
or apron suPports and other structural membets.
O) Cutouts and other special advertising features ot additions to a sign face shall not
project mote than five (5) feet above the maximum height limit.
G) Bi-directional or double-faced s€fls shall be located on the same Outdoor
Advertising Structure. Fot parallel double-faced signs, the distance bet'ureen sign
faces shall not exceed eght (8) feet. For'V-shaped" double-faced signs, the distance
between sign faces shall not exceed thirty-five (35) feet at their widest point and shall
not exceed erght (8) feet at their closest Point.
1ec.26.8.3-2. Sauctute Dn@ and Matedals. Each Outdoor Advertising Structure shall have no
more than two poles, and shall be constructed of noncombustible material.
9ec.26.8.3-3. Maximum Eleight The overall herght of each Outdoor Advertising Structure shall
not exceed thity-five (35) feet, exclusive of cutouts ot special additions, measrued from the highet
of either:
(r) The finished grade of the roadway adjacent to the Lot on which the Outdoor
Advetising Structute is located and ftom which the advertising display is to be
viewed, or
(b) The finished gtade of the base of the Outdoor Advetising Structure.
uII-1 Chapter 26. Comprehensive Zoning Ordinance
Article VIIL Zonng Regulations for Off-Site Outdoor Advertising Structures.
9ec.26.8.3-4.
follows:
(")
Location The location of the Outdoor Advertising Structures shall be testricted as
An Outdoot Advertising Structue shall not be located within any tequired setback
area. of the Zone or Oveday Zore in which the Outdoor Advertising Structue is
located.
Outdoor Adverrising Structutes shall not be located within five (5) feet of any
Building or within ten (10) feet of any Lot line.
s:
@)
G)
(€)(d) Outdoor Advertising Structures constructed zfter the effective date of this
two thousand five hundred (2,500) feet of another Outdoor Advertising Structute.
fd+(*) Outdoor Advertising Structutes existing on the effective date of this Ordinance may
not be replaced unless they are in conformity -ith the dimension, heQht, al;.d
location rcquircmcnts spccificd hcrcin.
(e}(q For purposes of this Article, measrrements shall be made along the edge of the
Sfteet ftom which the display on the Outdoor Advetising Structure is designed to be
primrdly viewed, ftom a line peqpendicular to the centerline of that Street passing
through the neatest edge of the existing sign, to a line perpendicular to the centerline
passing through the neatest edge of the proposed Outdoot Advertising Stnrctute, as
Chapter 26. Comprehensive Zoning Ordinance VIII 2
Article VIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
DIAGRAM 26.8.3.4
\TII-3 Chapter 26. Comprehensive Zoning Ordinance
MEASUREMENT FOR
OUTDOOR ADVERIISING STRUCIU RES
DIAGRAM 26.8.3_4
Article \rIIL Zoning Regulations for Off-Site Outdoot Advertising Structures.
Chapter 26. Comprehensive Zoning Ordinance \TII.4
Article \|III. Zoning Regulations for Off-Site Outdoor Advertising Structures.
MEASUREMENT FOR
OUTDOOR ADVERTISING STRUCTURES
D(ISTING ADVERTISING
SIRIJCIURE
PROPOSED ADVERTISING
S]RUCTURE
Sec. 26.8.3-5. Prohibited Outdoot Advertising Structwes. The following tlpes of signs shall not
be permitted:
(")
Lttt^ct attention through movement or the semblance of movement of the whole ot
^ny p^fr. of the sign or any other method or device that suggests movement, ex t
Inflatable objects; or
Flashing signs, containing illuminated light or other devices which are intermittently
on and off, which change in intensity, ot which create the illusion of flashing tn any
mallnef; of
Obscene ot pomographic signs.
Safety and Appearunce.
No Outdoor Advertising Structure, including its supporting structure and lighting,
shall ptesent ary hmxd to the safety of pedestdan or vehicular taffic by obstructing
the flow of such lcraffrc, obstructing the sight lines requfued fot the safe movement of
pedestrian or vehicular tr.affrc, interfedng with the visibility and effectiveness of any
(b)
(c)
(d)
9ec.26.8.3-6.
(")
VIII-5 Chapter 26. Comprehensive Zoning Ordinance
Article \rIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
tnffic control or warning device, or in any other mannet as detemined by the
Dfu e ctot-o€€e'mmudgrSerciees.
All signs shall be designed and maifltained to be compatible with the design and
materials used in the structute on which the sign is located.
No sign face or sign area shall be added to an existing sign unless within a pemanent
ftame or panel indicated for such purpose on approved plans for the total sign
structure.
(d) All srgns shall be maintained in good condition and working order, as determined by
the Directo , and ftee of grzffri, peeling paint, faded colors,
and btoken arl.d damaged materials.
G) AII signs must have the sign owner's narne, address and telephone number
conspicuously and permanently attached on the exteriot of the sign.
Sec. 26.8.3-7. Political Sigs. Political signs are permitted in the I Zone and all Oveday Zones as
follows:
(r) All of the terms of this Article VIII apply to political signs, except that signs
pertaining to a particular election do not requfue a Conditional Use Permit.
O) All political signs pertaining to a particulat election shall be removed within ten (10)
days after the date of the election.
G) The candidate, committee, or any other authorized Person posting political signs
shall ensure that all signs include the name, ad&ess, and the requited committee
identification number of the campaign or political organtztton, if any.
(d) If the Directo finds that any political sign has been posted or
is being maintained in violation of the provisions of this Secdon, the Dfuector of
ay cause said sign to be temoved without prior notice.
G) Any politic^l .rgo that remains posted for more than fourteen (14) days after the
election to which it pertains shall be deemed abandoned.
5ec.26.8.3-8. Contiauation of Llonconforming S@t. Every nonconforming Outdoot
Advertising Structure may temain in use unless and until it has been deemed to be abandoned, as
described in this Section 26.8.3-8,, "Condnuadon of Nonconforming Signs." For purposes of this
Chapter, an Outdoot Advertising Structure shall be deemed to have been abandoned if no copy
appcars t-rn the sign for a period t-rf a[ Ieas[ one hundred and eighty (180) consecutive calend'at days,
o)
G)
Chapter 26. Comprehensive Zoning Ordinance \TII-6
Article \TII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
or it is otherwise relatively cleat that the sign has been forsaken or deserted; provided, howevet, that
political signs shall be deemed abandoned as set foith in Section 26.8.3-7 (e).
5ec.26.8.3-9. Abandoned Outdoor Advettising Structutes. All nonconforming Outdoor
Advertising Structues that have been abandoned shall be brought into full conformity with this
Atticle or be removed, without eimotizariron or compensadon. If an abandoned Outdoor
Advertising Stnrcture is in violation of the location requirements, it shall be temoved. The Director
€f@i€GmaycauSeanyabandonedsignsandanysignswhichconsdtuteanimmediate
peril to persons or propetty to be removed summarily and without pdor nodce.
VIII-7 Chapter 26. Comprehensive Zoning Ordinance
Article l)L lsning Regulations fot Ddve-through and Ddve-up Facilities.
IX
Sec.26.9.1. Pu4rose.
Chapter 26. Comprehensive Zoning Ordinance
Article IX. Enforcement.
Xo'Menu Board
Restaurant
Drive
rough
Queing
En nceForeward
Drive-up $find
Street
(")
tflate .
Noise Standards shall apply to a;ny amplification equipment.
5ec.26.9.3-7. Ptevention of headlight glarc, Each drive-through aisle should be apptoptiately
screened with a combination of landscaphg, low walls, atdfor berms maintained at a minimum
F)
Chapter 26. Comprehensive Zoning Ordinance IX-2
height of three feet to prevent headlight glare from impacting adiacent streets, adioining ptoperties,
and parking lots.
Chapter 26. Comprehensive Zoning Ordinance
Article X. Enforcement.
A*iel'e-IX-X
S'ee-'26.9*Sec" 26.10.X.. Application ofAtticle.
This Article provides for the enforcement of penalties in the case of violation of any of the terms or
provisions of this Chapter and of any permit or right or excepdon granted heteunder. The
enforcement rights set forth hetein are in addition to those provisions of the Code that also
specifically set forth the City's rights of enforcement and remedies available to the City. All of the
provisions of the Chapter [PG4]of the Code setting forth enforcement rights and remedies shall
apply to any violation of any of the terms or provisions of this Chapter and of any permit or right or
exception gtanted hereundet.
5e.-263**-5ec.26.10.1-1. Violation It is unlawfrrl for any Petson to violate any tetm or
provision of this Chaptet ot arry part hereof ot ^tty permit, license, or exception granted heteunder,
or to fail to comply with any order or tegulation made heteunder. Whenever a violation occurs, the
violation shall include not only the act or omission constituting the violation, but it shall also include
causing, allowing, permitting, aiding, abetting, suffering, withholding, or concealing the fact of such
^ct or omission, or destroying or tampering the evidence associated with the act ot omission. The
provisions of this Chapter and all permits and rights gtanted heteunder shall apply to any Pelson,
whether or not the Person was the original owfler of the property or applicant fot the permit, right,
excepdon, or approval, and whether the Person is the ownet, lessee, licensee, agent, or employee, if
the Person has nodce of the terms and conditions of the permit or approval.
See-16.-9J1-Sec. 26.10"1-2. Cdminal and Ciuil Enforcement The Ciry may enforce violations as
a criminal (infraction or misdemeanor), cirril, or administrative acdon, or any combination thereof.
Any Person who violates any tefin or provision of this Chapter or any part hereof or Lrly permit,
license, or excepd.on granted hereunder, or who fails to comply with any order or regulation made
hereunder ir g"rtty of a misdemeanor; provided, however, that in the sole discretion of the City
Attomey's office, a violation may be prosecuted as aninfrucdon where the City Attomey's off,ce has
determined that such acd.on would be in the best interest of justice. The City Attorney may speci$,
in the citadon, accusatory pleading, or by amendment during the ptosecutorial process that the
matter will be prosecuted as an infraction. Any Person who has violated any term or ptovision of
this Chapter or any part hereof or any permit, license, or exception gtanted heteundet, ot has failed
to comply with any order or regulation made heteundet shall be subject to the cdminal, civil, and
administrative penalties set forth in the Code and otherwise provided by law.
9ee-Z#Sec. 26.tr0.1-3. - Continuing Violations. A Person i. g"ilty of a sepante offense for
each and every day, or aray portion thereof, during which there is any violation or failute to comply
as described in this Section 26.9++10.1, "Application of Atdcle," et seq. that is committed,
condnued, permitted, or allowed by such Person.
See-2*gJ4-5ec.26.10.1-4. Voiding of Permit, Cettificates, and Licenses. A.y permit,
cerdficate, or license issued in conflict with the provisions of this Chapter shall be void.
Chapter 26. Comprehensive Zoning Ordhance
Article IX. Enforcement.
5ee-26.4J-*-Sec. 26.10.1-5. Public Nuisance. In addition to the penalties herein provided, any
condition caused, or petrnitted to exist, in violation of zny of the provisions of this Chaptet or Lny
part hereof or of any permit, Iicense, or excepdon granted hereunder, or in violation of any otder ot
regulation made hereunder is hereby declated to be unlawfirl and a public nuisance, and may be
summarily abated as such by this City, and shall furthet be subject to injunctive telief gtanted by any
court of competent jurisdiction. Each dty or portion of a day that such condition condnues shall be
tegarded as a new and separate offense.
Se-a6.+.-1a-5ec.26.10.1-6. Rcmcdics. AII rcmcdics pcrmittcd undcr this Chaptcr ot the Code
shall be cumulative and not exclusive. Conviction and punishment of any Person hereunder shall
not relieve such Petson from the responsibiJity of corecdng prohibited conditions ot temoving
prohibited Buildings, structures, or improvements, and shall not prevent the enforced corecd,on ot
removal thereof. Nothing in this Article shall prevent the City ftom using one ot more othet
remedies to address violations of this Chaptet.
*e-,.26..4J-7-5ec.26.10.1-7. Responsibility. The Directo shall have
principal responsibiJity for monitoring and enfotcing the conditions and standatds imposed on all
land use standards and entitlements granted by the City pursuant to this Chapter. In accotdance
with the provisions of Califomiz Petal Code Section 836.5(a), employees of the Departrnent of
this Chapter. The procedures to be followed for the issuance of said citations ate those that are or
may be authorized ftom time to time by provisions of the Califomia Penal Code.
See-16.9J1-5ec.26.10.1-8. Enfotcement In addition to any other remedy provided for in this
Code or otherwise by law, the Dfuectot ay take any ot all of the follouring
acdons for any violation of this Chapter or of the terms and conditions of any permit ot apptoval
that may be provided for in this Chaptet:
(r) Institute ptoceedings to revoke or suspend any permit or approval including,
O) Revoke the business license held by any violator in accordance with the provisions of
G) Impose an enforcement fee as ptovided for in Section 26.910.7-9l, "Eoforcement
Fees";
(d) Cause to be issued an administtative citation or compliance order as ptovided for in
the Code;
G) Instinrte proceedings against a Petson with multiple violations of the Code for
"unfait business pracdces" under California Business and Professions Code Section
1,7200;
Chapter 26. Comptehensive Zoning Ordinance x-2
(0 Request that the City Attorney take appropriate enforcement acdon. Refertal by the
Dfuectotrf€emmtraiqr€ewiees is not a condition precedent to any enforcement
acdon by the City Attorney.
$ee-1*.9J4- S ec. 26. 10. 1- 9. Enfotcement Fees.
An enfotcement fee may be imposed by the City against each Person who has
violated the provisions of this Chapter ot the tems and conditions of any permit,
Iicense, excepdon, or approval that has been ptovided pursuant to this Chapter. The
purpose of this fee is to recover the costs of enfotcement ftom any Petson who
violates the provisions of this Chapter or Lr\y permig license, excepdon, or approval
granted hereunder. The City Council shall establish the enforcement fees by
Resoludon, and may, from time to dme, amend such fees.
The Director@ shall cause to be issued a nodce imposing fees
under this Section. The nod.ce shall provide that the fee shall be due and payable
within fifteen (15) days ftom the date of the notice. A penalty of ten percent (10o/o)
per month shall be added to ^fly fees that have not been paid when due.
Any person upon whom fees have been imposed pursuant to this Section may appeal
the action in accordance with the following procedure:
(1) A notice of appeal shall be filed with the Director of€emmuniqr{eriees
within ten (10) days of the date of the nodce.
@ At the time of filing the nodce of appeal the appellant shdl deposit with the
City Tteasurer money in the amount of all fees due. If, as e tesult of the
heating, it is determined that the City is not entided to all or a portion of the
money, the City shall refund to the Petson ill ot t portion of the money
deposited.
(3) The City Council shall hold a hearing on the appeal within sixty (60) days of
the date of filing of the appeal. The City shall give the appellant at least five
(5) days nod,ce of the time and place of the heating. The City Council shall
render a decision withifl fifteen (15) days of the date of the hearing. The
hearing may be continued if additional information is tequired in otder to
allow the City Council to render a decision. The puqpose of the headng shall
be limited to whether or not the violation occurred.
(4) The decision of the City Council shall be final except fot judicial review.
(5) Any notice issued pursuant to this Section shall set forth the appeal dghts as
provided fot in this Section.
See.-16.-9J-$- Se c. 26. 10. 1 - 10. B usines s Liceas e Revocation or Suspension.
(") Notrvithstanding any other provision of this Code, the Director of-€ommuniry
Serrieeymay suspend a business license for thirty (30) days or less, or may tevoke a
business license issued pursuant to this Code, if the holder of such business license
G)
o)
G)
Chapter 26. Comprehensive Zoning Ordinance
Article fX. Enforcement.
has violated the provisions of this Chapter or the terms and conditions of any permit
or approval issued hereunder, in accordance with the procedure set forth in this
Section.
Upon being notified of a second violation of this Chapter, ot the terms and
condidons of arty permit ot approval gtanted hereunder, within a tlrree (3) year
period ftom the date of the 6rst violation, the Directot oF€ommutilqr€erriees-shall
noti& the Penon thrt a third violation within such three (3) yeat period may result in
the suspension or revocadon of the Petson's business license.
Upon being notifled of a third violation of this Chaptet, or the teffns and conditions
of any permit or approval gtanted hereunder within a three year period from the date
of the first violation, the Dfuector o'geomffi:niqr€€rrri€*may noti$, the Person of the
revocadon ot suspension of the Petson's business license.
Any notice of revocadon or suspension issued pursuant to this Section shall be final
upon the expiration of the appeal period if no appeal is timely filed or upon the
decision of the City Council if an appeal is filed.
Any Petson may appeal the suspension or tevocadon of the business license in
accordance with the fbllowing procedures:
(1) A notice of appeal shall be filed with the Directot@
withifl foutteen (14) days ftom the date of the notice of revocadofl or
suspension.
Q) The City Council shall hold a,heaing on the appeal within sixty (60) days of
the date of the fi.ling of the appeal. The City Council shall give the appellant
at least ten (10) days notice of the time and place of the heating. The City
Council shall render a decision within fifteen (15) days of the date of the
hearing.
(3) The decision of the City Council shall be final except for iudicial review.
(4) Any notice tevoking or suspending a business license pursuant to this Section
shall set forth the appeal dghts as provided for in this Section.
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(d)
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Chapter 26. Comprehensive Zoning Ordinance x-4
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Chapter 26. Comprehensive Zoning Otdinance
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City of Vernon
DRAFT ZONING MAP
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Community Services And
Water Department
Proposed General Plan and Zoning
Amendrnents
Community Services Planning
Responsibilities
City's Planning Section responsibilities
roDeveloping and implementing the City
General Plan
o Developing and implementing Zoning
regulations
oProcessing Conditional Use Permits,
Variances and Parcel Maps
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General Plan
The General Plan is the principal guiding
document for future development within the
City. All City decisions should be in
compliance with the goals and policies
contained in the General Plan
The General Plan is currently proposed to be
updated to accommodate the establishment
of a new trucking overlay zone and the
expansion of the current commercial
overlay zone.
Zoning
Zoning Ordinance - The Zoning Ordinance
establishes the development and site
planning standards (noise, parking,
setbacks, intensity, etc.) for the City and
sets forth which uses are permitted by right,
need a conditional use permit, and which
uses are prohibited within the City.
The last update to the City Zoning Ordinance
was to create a Housing and Emergency
Shelter overlays and establish regulations
within these new overlay zones.
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Zoning
Proposed significant changres to the zoning
ordinance are as follows:
ro Establishes an Ancillary Retail Use
ro Creates a zone for First Amendment
protected uses
,o Creates a Trucking Overlay zone
r*;Expands the Commercial Overlay zone
q Greates a Temporary Use Permit process
Zoning
c; Creates a Minor Conditional Use Permit
process
o Establishes a location where for Solid
Waste facilities will be permitted
o Prohibits Convention and Entertainment
Venues
o Establishes regulations for Electronic
Billboards
o Establishes regulations for Fast Food
Restaurants
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CurrentZoning Map
Proposed Zoning Map
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DRAFT 2OIIXG IAP
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Zoning
Uses Permitted of Right in the City
Industrid Use.
Data Genters.
Cold Storage Warehouses.
Industrial Gas Manufacturing.
Telecomrnunications .Entenna and Cell Towers.
Warehouse Use (other than Cold StorageWarehouses).
Wholesale Use.
A.ncillary Use
trny activity or use undertaken by the City
Zoning
Uses Requiring a Conditional Use Permit in
Vernon:
Refineries.
Generating facilities, power plants, cogeneration
facilities.
Trash to Energ"y Eacilities.
Petroleum Related Uses, Petroleum Storage Facilities.
Recycling Eacilities.
Trade Schools.
hrblic Utilities
Uses that are not specifically permitted by right or
prohibited
5
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Zoning
Uses That May Be Permitted by Minor
Conditional Use Permit.
'Incidental Use.
'.f,ncillary Retail Use
Zonrng
Prohibited Uses in Vernon:
. Motels, Hotels, Trailers, and Trailer Parks
. Marijuana, Dispensary, Co-op, or
Cultivation Uses
. Convention and Entertainment Venue
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Zoning
Uses That May Constitute Legal
Nonconforming Use:
Cornrnutrity Facilities
Bars
Junk or Salyage Business
Public Sto.age (including mini-storage)
facilities
Manure Fertilizer Business
Contrastor'sYard
Zoning
,.;Uses That May Constitute Legal
NonconJorming Use (Cont.):
' Reslderces located outslde of ihe II OvErlay Zone
' F elghl Terrrlnal3, Soltdwasre fhciuries, Truck
Termlnals, Tran3portarion-Related E3e, or Hazardous
Waste lhcililles locared outside of the T Ocerlay Zone
' ComrtrerElal ot nelall Uses located oulsld€ ot lhe C-l
or C-2 Oce"lay Zone3
. Slaughterirg localed oulltde ofltr€ S Oyerlay Zone
. Rend€dng Pla.ds localed oulslde .r lhc R OrErlay
Zore
. fE.Urg Stalioni localed ourstde of the C-I, C-2 a T
Oc€tl.y ZoDes
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Zoning
Changes to the Development and
Performance Standards.
Ffue, $tlosion, and hfiiron ,nenaal llazards. All storage of, and
activities involwing, hazardous, flammable, or explosive materialg
shall be provided with adequate saJety devices agatrst the hazard of
fire and explosion and with adeguate fie-fighting and fire-
suppression equipment and devices that meet the standar& and
requirements of the Vetnon Fire Department, as such standards and
requirements may change tom time to time. The storage of or
activities twolving acutely hazardous materials above the exemPt
amount, as estabushed by the Stale of Caufornia Fire Code, shall not
be permitted within five hundred (500) feet ofthe outside proPerty
line of a school site for students grades kinderga en through twelfth
(lZth) grrade.
Zonrng
Changes to the Development and
Performance Standards (cont.) :
Remorral of the follonring provision
Truck Emissions. Upon a Change of Use or the occurrence of an
evenl described in Table 26.5.3-3 thal requires compliance wilh
the Development Siandards, no truck is permitted to idle for
more than five minutes while parked or queued on the Lot. At
warehouse and industrial Lols receiving refrigerated trailers,
eleclrical receptacles shall be installed so that the irailer's
refrigeration unit may be plugged in when parked at the loading
dock.
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Zoning
Changes to the Development and
Performance Standards (cont.):
u' Minimum Lot Size. Except in the C-l and C-2 Overlay Zones,
no new Lot shall be established for any use in the I Zone
unless the Lot is at least one acre in size and complies with
Code Section28.28, 'rlots to Conform to Minimum
Requirements."
. Trash Enclosures. All trash disposal areas shall be enclosed
on three (3) sides, shall have two (2) block walls and one (l)
lockable gate. The gate's overall height shall be a minimum of
six (6) feet; its overall width shall be a minirnum of eight (8)
feet. All block walls shall be a minimum six (6) feet tall
Zoning
C 1- Overlay zone
Uses That May Be Permitted by Minor Conditional
Use Permit
- Commercial or Retail Uses.
' Fuellng stations.
' Incidental Use, including the right to sell at retail, anrd
Anclllary Retail Use.
' Uses perrnit{ed with a Minor Conditional Use Permit in
the I Zone.
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Zoning
C2- Overlay zone
Uses That May Be Permitted by Right
Uses permitted of right in the I Zone.
Zoning
C2- Overlay zone
Uses That May Be Permitted by Minor Conditional
Use Permit
. Comrnercial or Retail Uses.
- Fueling Stations.
" Incidental Use, including the right to sell at retail, and
Ancillary Retail Use.
' Uses permitted with a Minor Conditional Use Permit in
the I Zone.
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Zonrng
Development Standards and Sife
Planning Standards.
' No new tot shall be established or approved for
any use inthe C-I and C-Z Overlay Zone unless
the Lot is at least twenty-five thousand (25,000)
square feet in size and cornplies with Code
Section 28.28.
At least five percent (5%) of the gross square
footage of lots in the C-2 Overlay Zone shall
have Landscaping visible from the Street.
Zonrng
Truck and Freight Terminat (T) Overlay
Zone.
" AII uses permitted in the I Zone with a
Conditional Use Permit are also permitted in the
T Overlay Zone with a Conditional Use Permit.
' Hazardous Waste Facilities
" SolidWaste Facilities.
'Fueling stations.
' Lots encompassing one (l) acres or more of area
may be used for a Freight Terminal, Truck
Terminal or Transportation Related Use.
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Zoning
.o Reduclion in Reqtired Pa*ing Spaces. Tte reqoired number of ofi-slreet
Parltng Spaces may be reduced by Outdoot Storage a.ud f,ctivities if,a
parkiag demand study, prepared bV a California-licensedtralfic engineer or
other qualilied professional, ls completed specilic to the project site and the
Permitted Use, aad forther provided that the study fuds ihat the proiecl sile
has excess ParkinE Spaces beyond the Perrnitted Use's need; such shrdy must
be approned by ihe Director.W'here required off-streel parking is reduced to
allow for Outdoor Etorage a.nd.Ectivities, Outdoor Storage and Ac'tivities shall
only occupy surplus otr-street parking tn the amouat hdicated by the parking
demald study, and only so long as the actual parking leed for the Permitted
Use as identified ia the parking study continues to be m.et. No Buildings or
Structures shall be coaslructed in the approurd Outdoor Storage and
Activities areas lhal are replaeiag required off-street Parking Spaces. Any
approved parking reductio! shall apply only to the specilic Permitted Use
located on lhe property aad alalyzed in the parkiag demaad study. trsy
subsequeil or aerv use or telalt o[ the subject property shall not be
permitted to utilize the area dedicaled to Outdoor Storage and trc-tivities
unless a aew and project-specilic parking demand study is prepared as
stipulated in this Section 26.5. I-6(q), "Reduction in Required Parking Spaces,"
ard alrpr@ed by the Director.
Zoning
Minor Gonditional Use Permit.
Aulhority and Purpose. The Director shall have the
authority, subject to the provisions of the Chapter, to
grant a Minor Conditional Use Permit whenever the
Director finds the granting of a Minor Conditional Use
Permit is consistent with the requirements, intent, and
purpose of this Chapter. The purpose of a Minor
Conditional Use Permit is to allow proper integration of
uses into the community which may only be suitable in
specific locations or designed and constructed in a
particular manner or under certain conditions, but are of
a scale that would be less impactful than those that may
be permitted with a Conditional Use Permit.
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Zo rung
Minor Conditional Use Permit.
I Zone:
Incidental Use.
Ancillary Retail Use
Cl or C-Z Zone:,
Gommercial or Retail Uses.
Fueling Stations.
Incidental Use, including the right to sell at retail, and
Ancillary Retail Use.
Religious Uses.
Trade Schools.
Temporary Use Permits are required for:
e Contractors" Construction Site - Off Site
o Major Events- Arts and crafts events, flea and
farmers markets, concerts, food markets,
carnivals, fairs, etc.
o Outdoor Sales event of product not normally
stored or produced on site.
o Seasond Sales
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Zoning
Uses Exempt from Temporary Use Permits
e Construction Site offices
o Emergency Facilities
o First Amendment Protected Activities
o Special Event Permitted Activities
Zoning
Outdoor .Edvertising Structures with
Digital Displays that are located within
hro hundred (200) feet of the edge of the
Right-of-way of the I-Zl0 freeway and
are designed to be primarily view from
the I-?10 freeway are subject to certain
standuds will be permitted subject to
development agreement
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Zoning
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