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2016-11-01 City Council Agenda PacketCalifornia 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 Office of the City Clerk 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 Office of the City Clerk 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 Regular City Council Meeting Tuesday, November 1, 2016, 9:00 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California William J. Davis, Mayor Yvette Woodruff-Perez, Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Leticia Lopez, 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. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Bruce V. Malkenhorst, Sr. v. CalPERS, City of Vernon Los Angeles Superior Court Case No. BS159589 B. City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 Regular City Council Meeting Agenda November 1, 2016 Page 2 of 6 PRESENTATIONS 2. Life-Savings Award Presentation Presented by: Vernon Police Department, Chief Daniel Calleros and Vernon Fire Department, Interim Chief Andrew Guth 3. Moody’s Bond Rating Update Presented by: William Fox, Finance Director 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 4. None Minutes – To be Received and Filed 5. Minutes of the Regular City Council Meeting held October 4, 2016 6. Minutes of the Special City Council Meeting held October 12, 2016 7. Minutes of the Regular City Council Meeting held October 18, 2016 Warrant Registers 8. Approval of City Warrant Register No. 1459, totaling $728,705.21, which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of wire transfers totaling $505,840.53; and B. Ratification of the issuance of early checks totaling $79,987.70; and C. Authorization to issue pending checks totaling $142,876.98; and D. Voided check No. 352642 totaling $49,983.10 9. Approval of Light & Power Warrant Register No. 424, totaling $6,880,221.15, which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of wire transfers totaling $6,804,700.31; and B. Ratification of the issuance of early checks totaling $62,040.28; and Regular City Council Meeting Agenda November 1, 2016 Page 3 of 6 C. Authorization to issue pending checks totaling $13,480.56. 10. Approval of Gas Warrant Register No. 212, totaling $6,133.22, which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of the issuance of early checks totaling $6,133.22. Fire Department 11. Activity Report for the period of September 16 through September 30, 2016 Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of October 1, through October 15, 2016, to be received and filed Public Works, Water and Development Services Department 13. Building Department Report for the Month of September 2016 14. Measure R Funding Agreement for the Interstate 710 South Early Action Projects Review of the I-710 Recirculated Draft EIR/EIS with the Los Angeles County Metropolitan Transportation Authority Recommendation: A. Find that the approval of the proposed Measure R Funding Agreement for the Interstate 710 South Early Action Projects (hereinafter referred to as the “Measure R Funding Agreement) (attached herewith) is exempt from the California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and B. Approval to enter into the Measure R Funding Agreement between the Los Angeles County Metropolitan Transportation Authority (Metro) and the City of Vernon for City staff’s continued participation, coordination, and to provide technical support for the I-710 Corridor Project including the review of the I-710 Recirculated Draft Environmental Impact Report/Environmental Impact Study (hereinafter referred to as the “Recirculated Draft EIR/EIS”) for a not to exceed amount of $18,000 for the period ending June 30, 2018; and C. Authorize the Mayor to execute the Measure R Funding Agreement for the Recirculated Draft EIR/EIS. / / / / / / / / / Regular City Council Meeting Agenda November 1, 2016 Page 4 of 6 15. Increase in Cost to the Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for the Purposes of the Proposition 84 Grant Program Recommendation: A. Find that approval of the increase in cost to the Subrecipient 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 find that for the construction and installation of two (2) tree box filters in a transportation corridor are categorically exempt under the CEQA in accordance with Guidelines Section 15303, Class 3 because: (i) no significant physical changes will occur as a result of this approval; (ii) the project will consist of minor construction and connection to an existing facility (catch basin) to improve the water quality in the Los Angeles River, (iii) the project is an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, (iv) the project does not involve significant amounts of hazardous substances, and (v) the area is not in an environmentally sensitive area, and; and B. Authorize an increase in cost of $14,476.82 to the Subrecipient Agreement between the City of Vernon (“City”) and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority (“GWMA”). 16. Legal Services Agreement with Richards, Watson & Gershon for Litigation regarding the Los Angeles Municipal National Pollution Discharge Elimination System Permit Recommendation: A. Find that because the proposed action will not result in direct or indirect physical changes in the environment, it does not constitute a “project” as defined by California Environmental Quality Act (“CEQA”) Guidelines Section 15378 and is therefore not subject to CEQA review. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Authorize an $8,000 increase in cost for legal services provided by Richards, Watson & Gershon (“RWG”) under their current Legal Services Agreement with the City of Vernon (copy attached) to continue representing the City, as needed to protect the City’s interests, as a real party in interest in litigation challenging a Final Order of the State Water Board which approved the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175 (“Municipal NPDES Permit) as amended by Order WQ 2015-0075. NEW BUSINESS / / / Regular City Council Meeting Agenda November 1, 2016 Page 5 of 6 City Administration Department 17. Appointment of Eligible Individual to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in a Vernon Area Representative Seat with a term of November 1, 2016 to June 30, 2018. 18. Appointment of Eligible Individual to Serve on the Vernon Business & Industry Commission Recommendation: A. Find that the appointment of an eligible individual to serve on the Vernon Business & Industry Commission is exempt from California Environmental Quality Act (“CEQA”) review, because they are administrative actions that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vernon Business & Industry Commission for an unexpired term in a Vernon Real Estate Representative Seat until the term expires on June 30, 2018. City Clerk Department 19. Adoption of Two (2) Resolutions: 1) Calling for a General Municipal Election to be Held on Tuesday, April 11, 2017; and 2) Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services for Conduct of Said General Municipal Election Recommendation: A. Find that approval of the Resolutions is exempt from California Environmental Quality Act (“CEQA”) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Adopt 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 11, 2017 for the Election of a Certain Officer as required by the provisions of the Charter of the City of Vernon; and Regular City Council Meeting Agenda November 1, 2016 Page 6 of 6 C. Adopt 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 the General Municipal Election to be Held on Tuesday, April 11, 2017. Public Works, Water and Development Services Department 20. Results of the Tenant Relocation Survey Related to the City’s Housing Remodel Project and Possible Divestment of Two City-Owned Housing Units in Huntington Park Recommendation: A. Find that the recommendations below are exempt under the California Environmental Quality Act (“CEQA”) because such are not a “project” as that term is defined in the CEQA Guidelines Section 15378(b)(2), because such actions constitute an administrative activity; and even if it were a project, it would still be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Conduct a discussion regarding the results of the Tenant Relocation Survey; and C. Proceed with the Vernon Housing Commission’s recommendation to sell the two remaining City-owned housing units located at 6010 Oak Street and 2915 E. 60th Place in the City of Huntington Park; and D. Authorize staff to designate the proceeds from the sale of the two Huntington Park units solely for capital improvements and other projects related to the existing housing stock in the City of Vernon. ORAL REPORTS 21. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. 22. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. ADJOURNMENT 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 72 hours prior to the meeting set forth on this agenda. Dated this 27th day of October 2016. By: ________________________________ Maria E. Ayala City Clerk REGEIVED ocr I 7 2016 CIIY C[ERli'S OFFICE R,ECEIVED ocTllaf, NITY ADMINISTRAIIOIISTAFF REPORT vERNoN PoLrcE or*i*r*nN Plttlu DATE: TO: FROM: R.E: November l, 2016 Honorable Mayor and City Council Daniel Calleros, Police Chief C Life.Savings Award Presentation Recommendation The Police and Fire Department will provide lifesavings awards to Police and Fire personnel for their actions in providing immediate medical aid to a victim of cardiac arrest. Background On September 03,2016, during the early afternoon hours, Police Officers Carlos Ourique and Richard Velasquez responded to Charlie Pride, 2959 E. 50th Street, regarding a medical aid call involving a male worker found unconscious and not breathing. Offrcers arrived within minutes and found Cristobal Cisneros in full cardiac arrest. Officers Ourique and Velasquez immediately conducted a medical aid assessment, deployed the automated external defibrillator (AED) device, and initiated life saving measures. As they continued performing life-savings measures, Vernon Fire Engine 76, Truck 76 and Rescue 78 arrived on scene and took over medical care. After several minutes of intensive life-saving measures and deployment of the AED device, Cisneros regained a faint pulse. Rescue 78 immediately fansported Cisneros to a local hospital where his condition was stabilized. After a week of medical treatment, Cisneros fully recovered from his medical episode and was released from the hospital. Hospital medical staff gave credit to Cisneros' survival as a result of the immediate life-saving measures provided by public safety personnel. There is no question that based on the quick response and immediate life-saving measures performed by Police and Fire penonnel Cisneros was able to completely recover from this medical event. This incident is a testament to the Police and Fire defibrillator program and how these devices have enhanced our ability to save lives in our community. Fiscal Imoact None Page I of2 Attachment(s) None Page2 of2 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, OCTOBER 04, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Ybarra, and Lopez MEMBERS ABSENT: Martinez The meeting was called to order at 9:00 a.m. by Mayor Davis; Councilmember Ybarra led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT Mayor Davis 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. Sandra Orozco, Southeast Political Activist, spoke briefly about her health, ADA compliance within the City, and the possibility of her becoming a resident. CONSENT CALENDAR Councilmember Ybarra requested item number 13 be moved as the first item of New Business. It was moved by Ybarra and seconded by Lopez to approve all matters listed under the Consent Calendar, except item number13, under one motion as presented. Motion carried, 3-0-1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Claims Against the City – Received and Filed 1. None Minutes – To be Received and Filed 2. Minutes of the Regular City Council Meeting held September 6, 2016 3. Minutes of the Regular City Council Meeting held September 20, 2016 Warrant Registers 4. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1449 to record voided Check No. 351073 in the amount of $53.26; and B. City Warrant Register No. 1456 to record voided Check No. 352305 in the amount of $137.41; and C. City Warrant Register No. 1429 to record voided Check No. 348224 in the amount of $300.00; and Regular City Council Meeting Minutes October 04, 2016 Page 2 of 7 D. City Warrant Register No. 1449 to record voided Check No. 351340 in the amount of $100.00. 5. Approval of City Warrant Register No. 1457, totaling $875,704.97, which covers the period of September 13 through September 26, 2016, and consists of the following: A. Ratification of wire transfers totaling $526,492.39; and B. Ratification of the issuance of early checks totaling $188,956.39; and C. Authorization to issue pending checks totaling $160,256.19. 6. Approval of Light & Power Warrant Register No. 422, totaling $6,235,383.22, which covers the period of September 13 through September 26, 2016, and consists of the following: A. Ratification of wire transfers totaling $6,195,440.85; and B. Ratification of the issuance of early checks totaling $16,102.69; and C. Authorization to issue pending checks totaling $23,839.68. 7. Approval of Gas Warrant Register No. 210, totaling $1,500,528.57, which covers the period of September 13 through September 26, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,492,585.49; and B. Ratification of the issuance of early checks totaling $2,778.18; C. Authorization to issue pending checks totaling $5,164.90. Fire Department 8. Activity Report for the period of August 16 through August 31, 2016. 9. Activity Report for the period of September 1 through September 15, 2016. 10. Approval of First Amendment to Agreement Number C-123991 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2013 Urban Areas Security Initiative Grant Program Recommendation: A. Find that approval of the amendment proposed is exempt from California Environmental Quality Act (“CEQA”) review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approve the First Amendment to Agreement Number C-123991 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2013 Urban Areas Security Initiative (“2013 UASI”) grant program and authorize the Mayor to execute all necessary documents. Health and Environmental Control Department 11. August 2016 Monthly Report Police Department Regular City Council Meeting Minutes October 04, 2016 Page 3 of 7 12. Activity Log and Statistical Summary of Arrests and Activities for the period of September 1, through September 15, 2016, to be received and filed. NEW BUSINESS Public Works, Water and Development Services Department 13. Bid Award for Liner Installation and Rehabilitation of Water Production Well No. 11, Contract No. CS-0716. Recommendation: A. Find that the proposed Liner Installation and Rehabilitation of Water Production Well No. 11 Project is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency’s determination; and B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder for the Liner Installation and Rehabilitation of Water Production Well No. 11 Project and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract in the amount of $347,000 with General Pump Company, Inc., for the Liner Installation and Rehabilitation of Water Production Well No. 11 for a period not to exceed ninety (90) calendar days and; D. Authorize a contingency amount of $35,000 in the event an unexpected changed condition in the project occurs and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount. Director of Public Works, Water and Development Services Department Derek Wieske introduced the item. Public Works and Water Superintendent Scott Rigg reported on the proposed. Ybarra inquired as to the conditions of the other wells. Superintendent Rigg responded stating that other wells were not in need of major repairs. Mayor Davis inquired to the amount of wells in the City. Superintendent Rigg responded stating the City had a total of 8 wells. It was moved by Ybarra and seconded by Lopez to approve. Motion carried, 3-0-1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Finance Department 14. Resolution No. 2016-52 - A Resolution of the City Council of the City of Vernon Adopting an Updated Investment Policy for Fiscal Year 2016-2017 Recommendation: A. Find that the proposed action is exempt from the California Environmental Quality Act (“CEQA”), because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Regular City Council Meeting Minutes October 04, 2016 Page 4 of 7 B. Adopt a Resolution of the City Council of the City of Vernon adopting an Updated Annual Statement of Investment Policy for fiscal year 2016-2017 and delegating Investment Authority to the Finance Director/City Treasurer Director of Finance William Fox reported on the proposed. It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-52. Motion carried, 3-0-1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Human Resources Department 15. Resolution No. 2016-53 - Approval of a Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government Code Section 20636(B)(1) and Repealing All Resolutions in Conflict Therewith Recommendation: Items A-C: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378. and B. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, with a retroactive effective date of July 10, 2016 for the following provisions under section one below: 1) Amend Exhibit A, Classification and Compensation Plan by adding the following: a. Fire Administrative Analyst b. Executive Legal Secretary c. Principal Resource Scheduler/Trader d. Stormwater and Special Projects Analyst revised pay grade C. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, with an effective date of October 4, 2016 for the following provisions under section one through three below: 1) Amend Exhibit A, Classification and Compensation Plan with revisions to the Economic Development Manager, Human Resources Analyst, Legal Secretary, and Resource Scheduler job descriptions. 2) Amend Exhibit A, Classification and Compensation Plan by adding the following: a. Environmental Health Intern b. Public Information Officer c. Reserve Police Officer 3) Amend Section 11 Automobile Allowance Interim Director of Human Services Lizette Grizzelle reported on the proposed. Regular City Council Meeting Minutes October 04, 2016 Page 5 of 7 It was moved by Lopez and seconded Ybarra by to approve the Resolution No. 2016-53. Motion carried, 3-0-1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Public Works, Water and Development Services Department 16. Authorization to Proceed with the Remodel of a Second Housing Unit for the City Housing Remodel Project and Authorize Staff to Offer a Permanent Relocation Opportunity to All Tenants in Non-Remodeled Units Recommendation: A. Find that the actions recommended in this staff report do not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because such recommendations constitute an administrative activity; and even if the adoption of the proposed items did constitute a project, it would be exempt from 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 B. Authorize staff to proceed with the remodeling of a second housing unit for the City Housing Remodel Project for an estimated total cost of $140,000; and C. Authorize staff to proceed with offering a permanent relocation opportunity to tenants in non-remodeled City-owned housing units; and D. Approve the establishment of a Permanent Relocation Priority Interest List to be used for the City Housing Remodel Project. The list would remain in effect until all units are remodeled. Councilmember Ybarra suggested sections C and D of the item be removed from the recommendation and be placed on the Vernon Housing Commission Agenda. Director Wieske reported on the proposed. Council and staff deliberated on the ADA compliance, the process of the remodeling, and the possibility of the Housing Commission making the decision. Public Comment Ms. Orozco spoke of the importance of being ADA compliant. John Van de Kamp, Independent Counsel, clarified the suggestion by Ybarra to move sections C and D of item 16 to the Vernon Housing Commission. It was moved by Ybarra and seconded by Lopez to remove section C and D from item 16, to be considered on the Vernon Housing Commission, and authorize staff to proceed with the remodeling of a second housing unit for the City Housing Remodel Project. Motion carried, 3-0- 1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Regular City Council Meeting Minutes October 04, 2016 Page 6 of 7 17. Recommendation from the Vernon Housing Commission to sell two (2) City-owned housing properties located in the City of Huntington Park Recommendation: A. Find that the action recommended by the Vernon Housing Commission in this staff report does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because such action constitutes an administrative activity; and even if the adoption of the proposed item did constitute a project, it would be exempt from 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 B. Approve and authorize the sale of the following two (2) remaining City-owned housing units in the City of Huntington Park at fair market value: a. 6010 Oak Street; and b. 2915 E. 60th Place C. Authorize staff to designate the proceeds from the sale of the two Huntington Park units for expenditures solely related to the City’s existing housing stock. Director Wieske reported on the proposed. A dialogue ensued between Councilmember Ybarra and Director Wieske about the relocation of effected tenants. A dialogue ensued between Council and staff about where the sale funds will be deposited, how they would be tracked, and how it would be spent. A dialogue ensued between Councilmember Lopez and staff about the remodel and relocation logistics. Councilmember Ybarra requested a formal survey be done to gage the tenant’s feelings towards temporary or permanent relocation. Director Wieske said that the surveys would be mailed out to the effected tenants. Mayor Davis recommended moving item number 17 to the first meeting in November. Council reached a consensus to table the item until the November 1, 2016 regular City Council Meeting. ORAL REPORTS 18. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: continued Farmer John protests; homeless outreach; coffee with a cop event; and the Sabor de Mexico Lindo event. Fire Battalion Chief Andrew Guth gave a brief report on the Sabor de Mexico Lindo event. Director of Public Works, Water and Development Services Derek Wieske provided a brief update on Gateway Cities meeting on Measure M and development activity in the City. Director of Health and Environmental Control Keith Allen provided a brief report on community Exide outreach and the Sabor de Mexico Lindo event. Mayor Davis inquired about the cleanup efforts for residents with high levels of lead. Director Allen explained that the DTSC was currently evaluating what properties needed cleanup. Regular City Council Meeting Minutes October 04, 2016 Page 7 of 7 City Administrator Carlos Fandino provided a brief report on the following: League of Cities conference; the Sabor de Mexico Lindo event; and thanked all staff who contributed to making the event happen. City Clerk Maria Ayala briefly reported on the City booth at the the Sabor de Mexico Lindo event. 19. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. No reports provided. Mayor Davis recessed the meeting at 10:22 a.m. and reconvened at a.m. CLOSED SESSION At 10:22 a.m., the City Council entered into closed session to discuss the following agendized items: 20. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV16-2405 It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-54, approving and authorizing the execution of a revised credit support agreement and ancillary documents by and between the City of Vernon and Citygroup Energy, INC. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 21. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Human Resources At 11:30 a.m. the City Council exited closed session. City Attorney Hema Patel announced that three items were discussed and reported out that Resolution No. 2016-54 was passed in closed session. With no further business, at 11:30 a.m., Mayor Davis adjourned the meeting. ________________________ William J. Davis Mayor ATTEST: _________________________ Maria E. Ayala City Clerk MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD WEDNESDAY, OCTOBER 12, 2016, IN CONFERENCE ROOM 1 OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Martinez, Ybarra, and Lopez MEMBERS ABSENT: Woodruff-Perez The meeting was called to order at 11:34 a.m. by Mayor Davis. CHANGES TO THE AGENDA Deputy City Clerk Matthew Ceballos announced that there were no changes to the agenda. PUBLIC COMMENT Mayor Davis 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 public comment provided. CLOSED SESSION At 11:35 a.m., the City Council entered into closed session to discuss the following agendized items: 1. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Human Resources At 12:10 p.m. the City Council exited closed session. City Attorney Hema Patel announced that one item was discussed and there was no reportable action from closed session. With no further business, at 12:10 p.m., Mayor Davis adjourned the meeting. ________________________ William J. Davis Mayor ATTEST: _________________________ Maria E. Ayala City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, OCTOBER 18, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Ybarra, and Lopez MEMBERS ABSENT: Martinez The meeting was called to order at 9:00 a.m. by Mayor Davis; Battalion Chief Andrew Guth led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced a change in language on item number 2(c) as noted in Minutes. PUBLIC COMMENT Mayor Davis 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. Sandra Orozco, Southeast Political Activist, spoke briefly about the Multiple Sclerosis Association of America (MSAA). PUBLIC HEARING 1. Resolution No. 2016-55 - A Resolution of the City Council of the City of Vernon Adopting a New Transmission Revenue Requirement for 2017 in Accordance with Vernon’s Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment Recommendation: A. Find that the approvals requested in this staff report do not constitute “projects” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because such actions constitute administrative activities; and even if the adoption of the proposed items did constitute projects, they would be exempt 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 B. Conduct a Public Hearing; and C. Adopt the attached Resolution to thereby: i. Approve, pursuant to the Transmission Owner Tariff, and to be effective on January 1, 2017, the establishment of the City’s new TRR Transmission Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing the new TRR, as described in the Gas & Electric TRR Report dated on or about October 18, 2016; and ii. Authorize outside counsel to submit the City’s TRR, the amended Appendix I to the Vernon TO Tariff, and supporting documentation such as the TRR Report, to the Federal Energy Regulatory Commission (FERC) on behalf of the City of Vernon. Director of Gas and Electric Kelly Nguyen reported on the proposed. Mayor Davis opened the public hearing at 9:07 a.m. No public comment was provided. Regular City Council Meeting Minutes October 18, 2016 Page 2 of 8 Mayor Davis closed the public hearing at 9:07 a.m. It was moved by Woodruff-Perez and seconded by Lopez to approve Resolution No. 2016-55. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes 2. Resolution No. 2016-56 - A Resolution of the City Council of the City of Vernon Establishing a Transmission Revenue Balancing Account Adjustment for 2017 in Accordance with Vernon’s Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment Recommendation: A. Find that the approval of the TRBAA referenced in this document does not constitute a “project” pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act (“CEQA”), because such action constitutes an administrative activity; and even if the adoption of the proposed item did constitute a project, it would be exempt under the 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 B. Conduct a Public Hearing; and C. Adopt the Resolution establishing a New Transmission Revenue Balancing Account Adjustment (TRBAA) for 2017 which: i. Adopts the newly calculated TRBAA of a positive negative $47,616; and ii. Adopts the replacement of the existing TRBAA of positive 411 with the new TRBAA for 2017 of a positive negative $47,616; and iii. Adopts the attached revised Appendix I of Vernon’s TO Tariff reflecting the TRBAA of positive negative $47,616; and iv. Authorizes outside counsel to submit Vernon’s TRBAA and supporting documentation to FERC on behalf of the City of Vernon Director Nguyen reported on the proposed. Mayor Davis opened the public hearing at 9:10 a.m. No public comment was provided. Mayor Davis closed the public hearing at 9:10 a.m. It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-56. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes NEW BUSINESS Regular City Council Meeting Minutes October 18, 2016 Page 3 of 8 City Administration Department 3. Resolution No. 2016-57 - A Resolution of the City Council of the City of Vernon Appointing Michael Earl to Serve as the Director of Human Resources of the City of Vernon and Approving and Authorizing the Execution of a Related At-Will Employment Agreement Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution appointing Michael Earl to serve as the Director of Human Resources of the City of Vernon effective October 24, 2016, approving and authorizing the execution of a related at-will employment agreement. City Administrator Carlos Fandino reported on the proposed. It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-57. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes 4. Oath & Appointment of Michael Earl as Director of Human Resources, City of Vernon City Clerk Ayala administered the oath of allegiance to newly appointed Human Resources Director Michael Earl. Mr. Earl briefly spoke and thanked the Council for the new opportunity. Mayor Davis recessed the meeting at 9:19 a.m. Mayor Davis reconvened the meeting at 9:31 a.m. PRESENTATION 5. A Proclamation of the Mayor and the City Council of the City of Vernon commending Michael A. Wilson for his many years of dedicated service to the City of Vernon City Clerk Ayala read the proclamation. Battalion Chief Andrew Guth spoke on behalf of Retired Fire Chief Michael Wilson, who thanked the City for allowing him to serve for over 29 years. 6. Service Pin Awards for September 2016 NAME DEPARTMENT TITLE YEARS Felix Saldana Public Works Engineering Aide 30 Janette Ramos Police Police Dispatcher 5 Regular City Council Meeting Minutes October 18, 2016 Page 4 of 8 Interim Director of Human Service Lizette Grizzele awarded the service pins to Felix Saldana, who was in attendance, and also recognized Janette Ramos who was not in attendance. 7. Status of I-710 South Corridor Improvements - Early Action Soundwall Program Presented by: METRO Representative Director of Public Works, Water and Development Services Department Derek Wieske provided a brief overview of the project. Susan Chau, CH2M/METRO Project Manager, provided a PowerPoint Presentation. CONSENT CALENDAR John Van de Kamp, Independent Counsel, inquired about the Health Department monthly report, specifically about the testing results with respect to Vernon residents. Director of Health and Environmental Control Keith Allen responded that test results were available to the public. Fred McFarlane, Senior Advisor to the City Administrator, added that the results were also available online. It was moved by Ybarra and seconded by Woodruff-Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes Claims Against the City – Received and Filed 8. None Warrant Registers 9. Ratification of the following Light & Power Warrant Registers to record the following voided checks: A. Light & Power Warrant Register No. 421 to record voided Check No. 512253 in the amount of $607.00. 10. Approval of City Payroll Warrant Register No. 724, totaling $4,778,471.35, which covers the period of September 1 through September 30, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $3,309,192.85; and B. Checks and electronic fund transfers (EFT) totaling $1,020,594.69. 11. Approval of City Warrant Register No. 1458, totaling $1,737,461.55, which covers the period of September 27 through October 10, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,309,036.84; and B. Ratification of the issuance of early checks totaling $221,546.82; and C. Authorization to issue pending checks totaling $206,887.89. 12. Approval of Light & Power Warrant Register No. 423, totaling $1,772,198.47, which covers the period of September 27 through October 10, 2016, and consists of the following: Regular City Council Meeting Minutes October 18, 2016 Page 5 of 8 A. Ratification of wire transfers totaling $1,655,208.05; and B. Ratification of the issuance of early checks totaling $52,889.98; and C. Authorization to issue pending checks totaling $64,100.44. 13. Approval of Gas Warrant Register No. 211, totaling $168,987.48, which covers the period of September 27 through October 10, 2016, and consists of the following: A. Ratification of wire transfers totaling $159,661.27; and B. Ratification of the issuance of early checks totaling $1,415.67; and C. Authorization to issue pending checks totaling $7,910.54. City Administration Department 14. Council Conference Attendance Report Recommendation: A. Receive and file this Council Conference Attendance Report to the League of California Cities Annual Conference and Expo. Gas and Electric Department 15. Grazing Agreement by and between the City of Vernon and Hafenfeld Ranch, LLC Recommendation: A. Find that approval of the Grazing Agreement (as defined below) is exempt under the California Environmental Quality Act (“CEQA”), because such is an administrative activity of government that will not result in direct or indirect physical changes in the environment and, as such, is not a “project” as defined by CEQA Guidelines Section 15378, and even if such were considered a “project,” it would still be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve and authorize the City Administrator to execute the Grazing Agreement by and between the City of Vernon and the Hafenfelds. Health and Environmental Control Department 16. September 2016 Health & Environmental Control Department Monthly Report Police Department 17. Activity Log and Statistical Summary of Arrests and Activities for the period of September 16, through September 30, 2016, to be received and filed Public Works, Water and Development Services Department 18. Orangeline Development Authority Fifth Amended Joint Exercise of Powers Agreement Recommendation: A. Find that approval of the Orangeline Development Authority Fifth Amended Joint Exercise of Powers Agreement (JEPA) (hereinafter referred to as the “Fifth Amended JEPA”) (copy attached) is exempt from California Environmental Regular City Council Meeting Minutes October 18, 2016 Page 6 of 8 Quality Act (“CEQA”) review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378; and B. Approval to enter into the Fifth Amended JEPA between the Orangeline Development Authority and the Members listed on Exhibit A of the Fifth Amended JEPA for the Eco-Rapid Transit Project; and C. Authorize the City Administrator to execute the Fifth Amended JEPA. NEW BUSINESS (CONT’D) City Administration Department 19. Resolution No. 2016-58 - A Resolution of the City Council of the City of Vernon Appointing Andrew Guth to Serve as the Interim Fire Chief of the City of Vernon Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution appointing Andrew Guth to serve as the Interim Fire Chief effective October 12, 2016. City Administrator Carlos Fandino reported on the proposed. Council inquired about job preparedness, ongoing projects, and upcoming projects. Battalion Chief Guth responded to all comments and questions. It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-58. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes City Clerk Department 20. Resolution No. 2016-59 - A Resolution of the City Council of the City of Vernon Excusing Luz Martinez from Attendance at Meetings of the City Council and Boards and Commissions from September through October 2016 Recommendation: A. Find that excusing the absences of Councilmember Luz Martinez is exempt from California Environmental Quality Act (“CEQA”) review, because it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines section 15378. Moreover, even if the activity in question were a project, it would be exempt from CEQA review, 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 Regular City Council Meeting Minutes October 18, 2016 Page 7 of 8 B. Adopt a Resolution of the City Council of the City of Vernon excusing Luz Martinez from attendance at meetings of the City Council and Boards and Commissions from September through October 2016. City Clerk Ayala reported on the proposed. Mayor Pro-Tem Woodruff-Perez inquired about Councilmember Martinez’s return. City Clerk Ayala responded that Councilmember Martinez informed the City she would return for the first meeting in November. It was moved by Woodruff-Perez and seconded by Lopez to approve Resolution 2016-59. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes Gas and Electric Department 21. Resolution No. 2016-60 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Vernon Gas & Electric Department Resource Adequacy Plan for 2017, which Includes the Peak Demand Forecast, the Planning Reserve Margin, the Qualifying Capacity Criteria and the Qualifying Capacity from such Resources, City’s Resource Adequacy and Supply Data and approves the Resources Used to Satisfy the California Independent System Operator’s Tariff Requirements Recommendation: A. Find that the approval of the City of Vernon Gas & Electric Department Resource Adequacy Plan for 2017 referenced in this document is exempt under the California Environmental Quality Act (“CEQA”), because it is an administrative activity and therefore does not constitute a “project” under CEQA Guidelines section 15378(b)(2); and even if the adoption of the proposed item did constitute a project, it would be exempt 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 B. Adopt the Resolution establishing the City of Vernon Gas & Electric Department Resource Adequacy Plan for 2017 that adopts: 1. The approval of the coincident peak Demand Forecast for 2017; 2. The approval to retain the same 15% Reserve Margin for planning purposes; 3. The approval of the Qualifying Capacity Criteria that will be used for determining qualifying resource types and the Qualifying Capacity from such resources; 4. The approval of the City’s annual and monthly Resource Adequacy and Supply data; 5. The approval of the Resource Adequacy resources that will be counted on to satisfy the City’s Local Capacity Requirement and Flexible Resource Adequacy Capacity Requirement for 2017. C. Authorize staff to submit the City of Vernon Gas & Electric Department‘s Resource Adequacy Plan for 2017 and the Monthly Resource Adequacy and Supply data to the California Independent System Operator. Director Nguyen reported on the proposed. Regular City Council Meeting Minutes October 18, 2016 Page 8 of 8 Mayor Davis inquired about the megawatt load in the City of Vernon. Staff responded that the City had a 121 megawatt load and since 2009/2010 usage has slowly declined. It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-60. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes ORAL REPORTS 22. City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Captain Michael Gillman reported on an employee theft at a local business and stolen credit card crime. Interim Fire Chief Andrew Guth briefly thanked the Council and staff and reminded everyone of the great shakeout earthquake drill. Director of Public Works, Water and Development Services Derek Wieske provided a brief update on Measure M issues. Director of Gas and Electric Kelly Nguyen reported on one outage on October 17 that lasted 2 hours 52 minutes. Finance Director William Fox gave a brief update on the Moody’s bond review. City Clerk Maria Ayala provided a brief report on voter outreach for the Presidential Election and the upcoming City of Vernon Election. City Administrator Carlos Fandino provided a brief report on the following: continued recruitment of a Fire Chief; Halloween event at City Hall; League of Cities Conference; and briefly shared about an employee who had recently suffer a serious accident (outside of work hours). 23. City Council Reports – brief AB1234 reports, or report on: activities, announcements, or directives to staff. Councilmember Ybarra requested that staff look into and provide a report on multi-use housing and possible locations. Director Wieske and City Administrator Fandino stated that they would explore the issue. With no further business, at 10:11 a.m., Mayor Davis adjourned the meeting. ________________________ William J. Davis Mayor ATTEST: _________________________ Maria E. Ayala City Clerk EPf=o;o;o5-,4.EE o.E oZ =66 6co> c!o laa €g (E :2-q EE X(/)t! sC-i, .=E o+ so z. oE2 8E fi Eb BE E S.-a oE t o'i Eo 6fE' E: E i.,,i- = e- loF i6. ; EE= = c '- .-rr) +s ii= I ;pe1, 85. 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EEHE-a9alt9(!E.=oo dE!2(!(Dh 5E* EH€EEb(!;E-9Ecr E q)oo6EeE o eEdEiI c oJ26P6C)5ns€ FIEE3-9e6-bbov.7 E9i EE5 F ==9.eegtrqEI-FFA d.t tr/ <f ,n lll b^ftEE)s-lrJJ-O+>6639 t = o-N.!@-ooNoroa\ct oi (.iON@'(o(Dot-a\@ttlt(o(o(o55ES S Ses s NiiP e PE@(Jo><:JQEE6(.iJ(r<OF oF ooooooooooooCDN(Otl) rr, roci ci ciooo@@@ra rr) rlt<rid<ci.l) () ra,ooo 2- =-ata<E zL)Efl E ?;aBofuJ > u.r8B S E a rrr<i9 (oNor(.,ol@ '6o(, E. ooo-o.,.fi * B -(!H=8oooEOO- ooNqq\ootd,o6l @_ FI2lflol-l<lYEIo uJlur ol5=l2l,BZA *od zIFqtoo UJo Fzfo = F2G =r ul 8g(J=<2 IdLo E,oa ul N -O-2=2.-otrcRf3H;gtr'ov,- <Z .^ !)l! c ;:i .nOHE=>"-llJl.ni>6639 t = = B- 6 ! = ooulFzeo.ul ao2e.v ar,ii E55ski6hfr 6o(9F NNc,9 qc) rt@d NN(.i ro o N<! d oqo 6JuJ<LFzo5io UJ-o >Jd{<oIII FYouJI(,, ) FoF UJd = F -O-2i2-9ErtEr-t-F9It'r/,d,<.nulEc;imO^llJE=!"r-]lJt-ut'->b639 t = oz =lr o G o UJd. oqo RECEIVED 0cT 20 2016 CITY CTERl('S OFFICE FIRE DEPARTMENT 4305 Santa Fe Avenue, Vemon, Califomia 90058 Telephone(323)5818811 Fax(32$AG14O7 October 12,2016 Honorable Mayor and City Council City of Vemon Honorable Members: Attached is a copy of the Vemon Fire Department Activity Report which covers the period of September 16,2016 through September 30, 2016. Respectfully Submiued, ?Qffi' Andrew S. Guth Administrative Battalion Chief ASG:ar : Fireletnow RECEIVED ocl l2 mt Y ADMINISIRATION @,oltqtrv f.4chuiae$ Intustriat VERNON FIRE DEPARTMENT COMPANY ACTIVITIES September 16,2016 to September 30, 2016 This Period las Year last Year To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#) : ReJnspections (#): Spec. Haz. lnspections (#): Total lnspections: Total Man Hours: TRAINING (HOURS): Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Total Hours: PRE.INCIDENT fiOURS): Planning District Familiarization Total Hours: PENODIC TESTfiOI.JRS): Hose Testing Pump Testing 8l 98 33 r8 0 5l 75 tt92 280 25 54 27 0 104 47 136 134 135 0 27 583 79 15 ll9 125 127 0 l4 479 9l 87 U 0 1497 2062 1802 570 2428 2293 2369 27 397 9886 1607 1470 1077 This Period 114 100 2t4 This Year To Date 1093 198 22 1313 1612 173 8 651 2330 2346 2321 72 487 9947 1552 1648 3200 7 ll l8 178 26 l0 36 4 0 Total Hours: Page I PUBLIC SERVICE PROGRAMS ffiOURS) School Programs Fire Brigades Emergency Preparedness Total Hours: ROUTINE MAINTENANCE GOURS): Station Apparatus Equipment Total Hours: Grand Total Hours: :Fireactivity 36 18 216 2'70 3 0 l2 l5 2253 2276 2354 6883 127 125 124 3'.16 29 7 230 266 ') 3 6 ll 139 144 139 422 2489 23r4 2377 7180 22214 Page 2 RECEIVED ocr 2 0 2016 CITY CIERt{'S OFFICE RECEIVED POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vernory Califomia 90058 Telephone (323)587-5777 F ax (323) 826-148"1 October ll ,2016 Honorable City Council City of Yernon 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 l2:01 a.m., October 1,2016 up to and including midnight of October 15,2016. Respectfu lly submitted, VERNON POLICE DEPARTMENT ,C -;l C//-- DANIEL CALLEROS CHIEF OF POLICE DClar ,F-4c tusiv e $ I nlustriat VERNON POLICE DEPARTMENT D ep artment Activity Report Jurisdiction: VERNoN Fi/|st Dale: 1010112016 Last Dale: tofi5,2ot6 Deportmenl Complaint Type Descriplion All Units Primory Unit VPD 106 10-96H 10-96M 20001 20002 2oo02R 211 242R 273.5 314 415 417 417R 459A 459R 459V 459VR 476 476R 4U 484R 487R 586 594 594R 602 647F 901 9o1T 90,I TR 902T 902TR 9097 911 9114 9t7A 92OPR 925 AGTAR AR LOG ASTVFD BOSIG BOVEH CITCK ctvtL CODE5 coP DET oFFrcER rs 104 c7,961.962,10-10, WASH. EOUTP^ PICK UP THE JAIL PAPER WORK FROM HP JAIL 1096 MARY (MAIL DETAIL) INJURY HIT AND RUN NON-INJURY HIT AND RUN NON.INJURY HIT AND RUN REPORT ROBBERY BATTERY REPORT DOMESTIC VIOLENCE INDECENT EXPOSURE DISTURBING THE PEACE BRANDISHING A WEAPON BRANDISHING A WEAPON REPORT AUDIBLE BURGLARY ALARM BURGLARY REPORT BURGLARY TO A VEHICLE BURGLARY TO A VEHICLE REPORT FRAUD FRAUD REPORT PETTY THEFT PETTY THEFT REPORT GRANO THEFT REPORT PARKING PROBLEM VANDALISM VANDALISM REPORT TRESPASS DRUNK IN PUBLIC UNKNOWN INJURY TRAFFIC COLLISION INJURY TRAFFIC COLLISION INJURY TRAFFIC COLLISION REPORT NON-INJURY TRAFFIC COLLISION NON]NJURY TRAFFIC COLLISION REPORT TRAFFIC IIAZARD 91 ,1 MISUSE / HANGUP CONTACT THE REPORTING PARTY ABANDONED VEHICLE LOST PROPERTY REPORT SUSPICIOUS CIRCUMSTANCES ATTEMPT GMND THEFT AUTO REPORT UPOATE THE AR LOG ASSIST VERNON FIRE DEPARruENT BROKEN SIGNAL OR LIGHT BROKEN DOWN VEHICLE CITATION CHECK CIVIL MATTER SURVE I LLANCE./STAKE-O[.TT COP DETAIL DETECTIVE INVESTIGATION 110 4 5 6 5 5 4 2 6 4 20 4 1 107 b 2 4 2 4 2 12 5 26 5 12 11 9 12 4 43 1 2 8 19 3 1 46 2 I 38 4 7 8 6 5 4 22 . t05 2 5 2 2 5 I I 2 I 7 I Ig 4 I ,) I 2 I 7 3 l9 2 7 4 I 2 4 2 28 I 2 5 l0 1 I t5 I I l8 J 6 8 3 2 I 'l 10/16,/2016 05:12:37 Page of VERNON POLICE DEPARTMENT D epartment A ctiv ity Repo rt Jurisdiction: vERNoN First Date: 1OtO1t2O16 Lasl Date: to/lt2o'r6 Depa menl Complaint T!p" Desc plion All Units Primary Unit VPD DETAIL DPTAST DUI FILING FOUND DETAIL DEPARTMENTAL ASSIST DRIVING UNDER THE INFLUENCE OFFICER IS ,I0-6 REPORT WRITING FOUNO PROPERTY REPORT 7 3 1 56 1 4 14 11 1 3 2 2 2I 6 112 63 4 10 3 4 1 2 2 4 167 77 4 1 3I 12 6 3 I 55 I 4 8 6 t I I 2 2 2 2 94 35 4 4 2 4 I I I I 135 63 3 I 2 5 t2 FU FOLLOW UP GTAR GFAND THEFT AUTO REPORT HBC HAILEO BY A CITIZEN ID THEFT RPT IDENTITY THEFT REPORT ILLDPG ILLEGAL DUMPING ILLDPG RPT ILLEGAL DUMPING REPORT LOCATE LOCATEO VERNON STOLEN VEHICLE LOJACK LOJACK HIT PANIC ALARM PANIC ALARIVVOURESS ATARM PAPD PUBLIC ASSIST.POLICE PATCK PATROL CHECK PEDCK PEOESTRIAN CHECK PRSTMN PRISONERTRANSPORTED REC RECOVEREO STOLEN VEHICLE RECKLESS DF RECKLESS DRIVING (23103) REPO REPOSSESSION ROADRAGE ROAD RAGE SEMCA SEAACA ANIMAL CALLS SPEEDTRAILE TO BE USED WHEN THE TRAILERS ARE DEPLOYI SUICIDE SUICIDE ATTEMPT TMFFIC STOI TRAFFIC STOP VCK VEHICLE CHECK VEH RELEASE VEHICLE RELEASE VMCVIO VERNON MUNICIPAL CODE VIOLATION WARMNT WARRANT ARREST WELCK WELFARE CHECK WRiITSVC WARRANTSERVICE Depo menl:1220 839 Overall:1220 E{0 10/16,/2016 05:12:3f Poge of VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 10115116 TRAFFIC COLLISIONS TOTAL NON-INJURY INJURY Pedestrian Fatalities City Property Damage Hit & Run (Misderneanor) Hit & Run (Felony) Persons Injured VEHICLES STORED Unlicensed Driver Abandoned/Stored Vehicle TrafEc Hazard CITATIONS Citations Iss (Prisoner Release) Citations Iss (Moving) Citations Iss (Parking) Citations Iss (Total) Hazardous Non-Hazardous Other Violations CASES CLEARED BY ARR.EST ARl6-0296 CRl6-1551 4'76PC ARl6-0299 CRl6-1574 113fl H&S AR16-0301 CR16-1592 l1364 H&S ARt6-0304 CRl6-1600 11377(A) H&S AR16-0305 CRl6-1548 487 PC ARl6-0306 CRl6-1548 487 PC ARl6-0307 CR16-1608 487(A) PC ARl6-0308 CRl6-1548 487 PC AR16-0309 CRr6-1614 11364 H&S AR16-0310 CRrs-0207 s94 (AXl) PC PROPERTY RECO!'ERED VEHICLES: S9,200.00 PROPERTY RECOVERED FOR OTHER DEPARTMENTS VEHICLES: S8,000.00 NO. 2t t2 9 I J 5 I t2 4 t6 2 7 ll0 42 152 78 31 I VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 10/15/16 MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON GMND THEFT 5 3 GRAND THEFT:MONEY/LABOR"/PROPERTY 1 1 MAKE/PASS FICTMOUS CHECK 1 1 POSSESS CONTROLLED SUBSIANCE 1 1 ROBBERY WARRANT (VERNON CASE)1 1 WARMNT (OUrcIDE AGENCY)2 2 TOTAL FELONY ARR.ESTS 7 2 9 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL DRIVE WHILE UCENSE SUSPENDED DRIVING UNDER THE INFLUENCE HIT AND RUN TRAFFIC ACCIDENT PETTY THEFT POSS. CONTROLLED PAMPHERNALIA 3 3 VANDALISM: DEFACE PROPERTY 1 1 VIOLATE COURT ORDER WARRANT (VERNON CASE)2 2 WARMNT (OUTSIDE AGENCY) TOTAL MISD. ARRESTS 6 0 6 AND MALE FEMALE TOTAL BURGLARY MINOR POSS. OF ALCOHOL RUNAWAY VEHICLE THEFT WARRANTS (BENCH) TOTAL JUVENILES DET.0 0 0 TOTAL FELONY ARRESTS (ADULT) TO DATE: TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: TOTAL JUVENILES DEIAINED (FELONY AND MISDEMEANOR) TO DATE: 104 198 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR) TO DATE: 310 o qr 0. I c! N !! 8^ 3_ 3^E6 S6 Si6=s s9 s9>.D ?.a 2\o !o ltoB8 B3 B6 < (oo o -6i a.i S is S (ri:! o : oo : tE 6 ts 6d ,t c;E ; E -r E NtsErctao qo qoas Es d9-_ N @ o+lr)+ 66 6o oo tt6 ,b6 c; 6,99 q! se I R d,Po f, 6'IzolrJ .Da* o IJ= tr =<! o N;q< f H =4. Z05 ,trt d.] TIJ IIJoo r oo ! odi! ; I 5QE QBoc! @!! g? q!o@q? g? q') €oP .3q P €eE !l(?) tlo lo;e ;9 dg{o tio \oE3 E5 E5 Ft! -E €\o \o o z z =fre>.DjoE)ooe-<-- EX gE 9 I oZNG-.Eilj UJ Ei:<z =<z@9 d.o <ss o. l dfo !^3Eci> :co<Et:Q<o :d o\ o\ st! 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Y29 s Y? z z 9rit Lr,.lIL Fz <t, oz!!vO r!=< t.i crrIIJ <Et) r!l q! :: te9 5 lIf) E5 6I&o9 l(.) a5 }E =o tr$ts tt =(o =@:E {E !o lioE5 E3 F- ON_ oo! 3 ! 33E : E 99E!rqo qoas 3s o -clN ;c;\' t(oI P9 zo2G TIJ ciFK oqszo det =: Ni .<2 =6 uJ!a<> 'r, lul .;o)zoo2Ig9>OuJ ! ooo; t! tL o-,i >>> i?9s99: z 'r) F-9 ddd TIJ j LIJ IJJ >.a.ossr o-to #i =P o?'1 @ uJil --o5GdluJoo - oo: l! t!; >> E 9tr ooo- o- 9 Y? =t- F(! o.E\o5aao \o al or!no)a GI \o ar t-ILE (o oal \o c{ at E Ee{ a uq \ I la 5 l\ -1 t .=a \n;tt9\. &o E a !.s !s*u t--t\9 \ a b{t z Q aa ,\! zozd,ul t 6 s\Jos s S { qq) 3\.!\ ! \q)$ t\t \ $n( boS { -s\) F\eta\Rl\ n<\r l{a k)U {o \eoeq s o RECEIVED OcT 2 4 2016 CIIY CLERK'S OFFICE RECEIVED ocT t8206 CIW ADMINISTRATION STAFF REPORT ffi oau'k PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: TO: FROM: RE: October 4, 2016 Honorable Mayor and City Council Derek Wies tor of Public Work, Water & Development Services I)epartment Originator: Wendy Herrera, Permit Technician MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Repon for the month of September 2016. Thank you. City of Vornon Building Department Monthly Report from 9/112016 to 913012016 Type Value # of Permits Demolition Electrical lndustrial - Remodel Mechanical Miscellaneous Plumbing Roof $299,000 00 $272,800.00 s392,000.00 $275,551 00 $352,700 00 $63,700.00 $386,075.00 14 11 September 2016 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL September 2015 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $2,041,826.00 $90,077,670.37 50 499 $92,1 19,496.37 $3,766,835.00 $51,047,344.30 61 481 $54,814,179.30 Director of Public Works, Water & Development City of Vemon Building Department itajor Proiscts from 91112016 to 9/30/20'16 Valuations > 20,000 Permit No.Project Address Tenant Oescription Job Value Demolition B-20',t6-1442 B-20'l 6-'t 4 55 4060 APN 2626 APN 26TH ST 5243021012 26TH ST 630200'1030 Oemo of 13 buildings to ground level no below grade work. Oemo existing metal building and a portion of CMU wall at PL for new drive approach diversion (weight) totals shall be submitted to the city prior tofinal inspection. 250000 National Ready Mix C 49000 Record(s)$299,000.00 Electrical B-2016-1367 B-20r6-1408 B-2016-1256 3 2021 52ND ST APN 6308016042 5OO8 BOYLE AVE APN 6303028015 5088 FRUITLAND AVE APN 6313022030 Allied Sales & Dist Electrical work for lighting & power wiring for new equipment in new 55F cooler lnstall 6 CAM (Gerber cutters) machines New concrete tiltup building with mezzanine 100000 60000 50000 Record(s) $210,000.00 lndustrial - Remodel B-2016-1291 B-2016-'1470 4755 49TH ST APN 6304016004 2263 VERNON AVE APN 6302017026 4825 DISTRICT BLVO APN 6304010006 5252 ALAMEDA ST APN 6308016038 3285 VERNON AVE APN 6303006064 One new cooler box, cooler panels, ceiling, drywayll & truss Demolition of existing offices consisting of non-structural partition & removal of acoustical tile ceiling Tenant improvement for a portion of an industrial building. Tl for noodle factory Demo mixing and sanitation room 80000 30000 B-2016-1395 B-2016-1069 B-2016-1425 5 40000 139000 85000 Recoid(s) 3374,000.00 Mechanical B-2016-1368 150000 B-2016-1441 B-2016-',t467 B-2016-'t481 35000 30000 24950 2021 52NO ST APN 6308016042 4575 OISTRICT BLVD APN 63M020033 42OO ALAMEDA ST APN 6302017045 4460 PACIFIC BLVD lnstallation of 3 new air units in a new cooler to continously maintain a controlled atmosphere of 55F and 50% R.H. for candy storage. Tl- HVAC Replacement Equipment: replace ice machine. lnstalling (2) new HVAC package Allied Sales & Dist B-2016-',t274 5 Record(s) APN 350't APN 6308007019 VERNON AVE 6303009021 Proportion Foods units including duct work. 2 Refigeration evaporators and associated PiPing 28601 $268,551.00 Miscellaneous B-2016-1403 B-2016-1478 B-2016-'t362 4060 26TH ST APN 5243021012 51 19 DISTRICT BLVD APN 63'14003900 2520 CHAMBERS ST APN 6308009038 5370 BOYLE AVE APN 6310008012 Record(s) Asbestos abatement - an executed manifest shall be submitted to the city prior to final inspection. MOF LITE CAGE 24x46' containment concrete pads for glycol tanks, chillers, roof-top pipe supports, heat exchange frames Retaining Wall and site wall revised 67000 80000 35000 110000B-20',t6-1421 4 s292,000.00 Plumbing B-2016-0922 1 2970 sOTH ST APN 6303029900 Record(s) lnstall flow meter on existing industrial waste line on-site 34000 $34,000.00 Roof B-2016-1477 2137 55TH ST APN 6308016027 3870 SEVILLE AVE APN 6302020047 B-20'16-'r 41s Re-roof 726 sq.ft. reroof not reshething tear off existing (1) layer of B.U.R. & comp shingle. lnstall new BUR & comp shingle Replace 30 smoke vent skylights and install Title 24 white elastamen coating systems. CRRL# 0656-0001 281000 105075 2 Record(s)$386,075.00 22 Permit(s)Total $1,863,626.00 Director of Public Works, Water & Development Services City of Vemon Building Oepartsnent New Buildings Report - September 2016 None Public Works, Water & Oevelopment Services City of Vernon Building Department Demolition Report - September 2016 American lntegrated Services lnc 4060 26th st 29,975 sq.ft. CEG Construction 2626 26th St 5,000 sq.ft. Director of Public Works, Water & Development Services City of Vomon Building Departnent Status of Certificates of Occupancy RequesB Month of Ssptember 2016 Request for lnspection Approved Pending Temporary Occupancies 20 9 267 20 Oirector of Public Works, Water & Development Services Clty ol Vemon Ceruf,cato ol Occupancy Applications D.ts From 91112016-913012016 C-2olm5o1 4383 FRUITLAND AVt Nabi Textile, lnc Fabric warehouse S300 2'7@ APN 6304026002 C-2Olm5O2 2231 49TH STREET Top's Handbags, lnc Wholesale $689 23'600 ApN 630E015044 handbags c-2016-0503 32OO SLAUSON AVE lmperial Real Estate lndusirial light $689 7,700 APN 6310027023 C-2016-0504 6140 ALCOA AVE A & A Fleet Painting. lnc Body shop $300 4'000 APN 6310027031 C-201&O505 4540 SOTH STREET Jenin Home Fumishing LLC Storage of $689 17,25E APN 63@0t3015 C-2016{506 5O1O LOMAVISTAAV Jenrn Home Fumishing LLC Warehousrng $815 58,E81 APN 6302020042 tumiture C-201+0507 4633 DOWNEY RD Servrce ArI Catgo warehouse dry $815 50'083 APN 6303019015 C-2016-0508 3063 FRUITLAND AVt Charlie's Fixtures, LLC Warehouse of $300 31'000 APN 6303029006 kitchen equiPment C-20'l6o5o9 2646 DOWNEY RO T & T Foods, lnc. Storage $300 1000 APN 5192025008 c-2olGoslo 4929 HAMPTON ST Active lmage Nation Dba warehouse caps $300 4,400 APN 6308010036 c-2o1Gos'll 2770 LEONIS BLVD Rebel Rebel offic€ use - 9300 320 APN 6308002009 fashion design c-20.16-0512 43E3 FRUITLAND AVt Chasse Wells lnc storage handbags $300 4000 APN 6304026002 C-201&0513 2947 44TH STREET Style Vibe, lnc Office use $300 1000 APN 6303013049 C-201m514 33OO LEONIS BLVD Vinatex Warehouse t- $6E9 9'600 APN 630302600E C-201m515 3222 WASHINGTON t FCP Brands. lnc. dba Avani Clothing $300 4000 APN 5169023032 Aclivewear C-201m516 4575 LOMA VISTA AV Divinity lntemational lnc lntemet sales $300 1000 APN 6304022059 office C-201G0517 314OSLAUSONAVE Sport LA lnc dbaHR Distr. Clothing & $689 9500 APN C-2016-0518 4432 PACIFIC BLVD AC Cutting Services, lnc. Cutting seNie $300 5,000 APN 6308007018 C-201e0519 4223 DISTRICT BLVD LV Fresh Produce lnc Office use $30o 100 APN 6304028016 C-2016-O520 3257 26TH STREET Reflex Trading lnc Garment impo $689 220oO APN 5169033016 99,364.00 242,059.00Total tor Certiflcate of Occupancy: Total Fees Paid $9,364 0020 Permits(s) Clty oa V.moomllc.i. oa (xaup.ncy E"rs.rl h F.om Ulr2OlS to gEd:mt8 s/E/201e o2016{E}0 9/132016 C2018{.e6 Ela/:mro cm16{/.70 E15/Z)16 C201t@75 9rt:1016 c2016{375 E192016 C20tGO37,l 9/15/2016 C2o1&O4€7 92012016 G201eo,,e7 $27nA1A Cm15{203 45tg EVERETTE AvE Wcn Cosrt Claats. tnc.APN 630/022037 4{€0 PACIFIC BLVD Msin Ter USA, trrc (ha Logor TcxtibAPN 6300{X}5012 2101 51ST STREET Two Lad., LLCAPN 6:tO80150.tO 23a5 38IH STREET DtA FirishhgaPN (X)2014011 2'137 55TH STREET VtG Frmilurr, tncAPN 6308016027 325'l SLAUSON AVE Vtc Furndu!. tnc.APN 631(nGO13 2211 27TH STREET GB Us, hcAPN 61102006025 292€ 51TH STREET Sh€€pokAPN 0310010@7 4$5 4ATH STREET Ev€rgE€o Smarl En.rlU hc Total tor Ccnific.t of Occup.ncy: lryhobsalc olg€r|cr.l 3OOoo 69.900lh€ftrrendisa WerElloultrg of trxtiLr 66e @ 260.@ lrenslbdrnB ganEnt! 300 0O 3,OOOScctatoai!! Gtrr|Crntui3*ing 069.O 5.ab WrdEU!*E of fr. trlE WslhousrE dlirrfllr! Werlhoo-riro ot !€icid 615 m 92.mo 615 00 68e 00 &i,000 120,00o M6rufdunig of pep€r qrp3 3O0 o() 4.SOO Warehousrno ot tdlots 000 tO,Om ta,5g7 30E,6oO g P.rmit {3} ffi RECEIVED ocT ,5 2016 CITY CLERKS OFFICE RECEIVED (lcT20m CITY ADMINISTRATION STAFF REPORT fr p-L€\v PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Consent DATE: TO: FROM: November 1, 2016 Honoreble Mayor and City Council Derek Wies ector of Public Works, Water and Development Services Claudia Arellano, Stormwater & Special Projects Analyst %- Department Originator: RE: Measure R Funding Agreement for the Interstate 710 South Early Action Projects Review of the I-710 Recirculated Draft EIRTEIS with the Los Angeles County Metropolitan Transportation Authority Recommendation A. Find that the approval of the proposed Measure R Funding Agreement for the Interstate 710 South Early Action Projects (hereinafter referred to as the "Measure R Funding Agreement) (attached herewith) is exempt from the Califomia Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section l5262,because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and B. Approval to enter into the Measure R Funding Agreement between the Los Angeles County Metropolitan Transportation Authority (Metro) and the City of Vemon for City staffs continued participation, coordination, and to provide technical support for the I-710 Corridor Project including the review of the I-710 Recirculated Draft Environmental Impact Report/Environmental Impact Study (hereinafter refened to as the "Recirculated Draft EIR/EIS) for a not to exceed amount of$ 18,000 for the period ending June 30, 2018, and; C. Authorize the Mayor to execute the Measure R Funding Agreement for the Recirculated Draft EIR-/EIS. Background Metro and Caltrans are implementing a highway improvement project known as the I-71 0 Corridor Improvement Project. The proposed project will widen the Long Beach Freeway (I-710) between Ocean Boulevard and the Pomona Freeway (SR-60). As part of the I-710 South Early Action Page I of2 Projects, Metro authorized funding agreements for local agency review ofthe I-710 Draft EIR{EIS (hereinafter referred to as "Project"). As such, the City of Vemon City Council approved a Funding Agreement by and between the City of Vemon and Metro for the Project in the amount of $57,000 under Resolution No. 2012-177. More specifically, Meho agreed to fund the review of the Project. The City of Vemon City Council authorized the issuance of a Request for Proposals to seek a consultant to assist the City of Vemon with the Project under Resolution No. 2012-53. Ultimately, the City of Vemon City Council accepted the bid of Chambers Group, Inc. for the review of the Project on behalf of the City under Resolution No. 2012-117. The final cost for the services provided by Chambers Group, Inc. on behalfofthe City totaled $52,198. Metro prepared the Measure R Funding Agreement for the Recirculated Draft EIR/EIS for City staffto padcipate in the Project Technical Advisory Committee and Project Committee, and City Council members to participate in the Project Committee meetings. Additionally, the Measure R Funding Agreement for the Recirculated Draft EIR/EIS will reimburse the City to provide technical support of the revised engineering concepts for the proposed altematives and other engineering concepts/coordination which may have impacts in the City of Vemon and the local vicinity. Another Funding Agreement will be sought for the next steps including providing a technical review of the Recirculated Draft EIR/EIS. The I-710 Corridor Improvement Project may impact the interchange of Atlantic Boulevard and Bandini Boulevard. City staff has worked with Metro staff in the past on a concept to construct an interchange on the I-710 Freeway at Slauson Avenue to benefit transportation into the City of Vemon. City staffwill coordinate with Metro and representatives from the City of Maywood to try to minimize the impacts of City of Vemon property and business owners. The Measure R Funding Agreement for the Recirculated Project has been reviewed and approved as to form by the City Attomey's Office. Fiscal Imoect There is no fiscal impact as Metro will reimburse the City for staff time and for any consultant engineering services to review the impact of the Recirculated Project on the City of Vemon. Metro is granting the City of Vemon an additional $18,000, for a combined maximum allowable grant of $75,000, for work performed on the Project and Recirculated Draft EIREIS. The Public Works, Water and Development Services Department budgeted for this work in the proposed Fiscal Year 201612017 Street Operations account. Attachment(s) l) Measure R Funding Agreement for the Interstate 710 South Early Action Projects Page 2 of 2 MEASURE R FIJNDING AGR-EEMENT AWARD.#: 920000000MR306.15 FA-MR306.15 MEASURE R FT'NDING AGREEMENT Interstate 710 South EarlyAaion Proiects This Funding Agreement ("FA") is dated as of March 18, 2016, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City ofVernon (Grantee) for the Review oftle I-710 Recirculated Draft EIR/EIS (the "Project") - UICMTA Proiect ID #MR306.15 WHEREAS, UICMTA adopted Ordinance #08-01, the Traffic Reliefand Rail Expansion Ordinance, on luly 24,2008 (the "Ordinance"), which 0rdinance was approved by the voters of Los Angeles County on November 4, 2008 as "Measure R" and became effective on lanuary 2, 2009. This proiea is eligible for funding under Line 37 of the Measure R Expenditure Plan Measure R authorizes funding for proiects for Interstate 710 South and/or Early Action Proiects. WHEREAS, LACMTA Board, at its May 16, 2012 meeting authorized the Chief Execudve Officer to enter into funding agreements with Gateway Cites Council ofGovernments and I-710 Corridor Cities for the review ofthe I-710 Corridor Proiect Draft Environmental Impact Report/ Environmental Impact Statement ("Proiecf ). WHEREAS, LACMTA Board, at its lune 23, 2016 meeting approved the updated project list for Measure R Highway Subregional Program (MRHSP) and authorized the Chief Executive Officer to enter into funding agreements. WHEREAS, LACMTA Board, at its Nlay 16,2O72 meeting programmed $57,000 and at its fune 23, 2016 meeting programmed an additional 18,000 in Measure R Funds (the "Funds") to the Grantee as the maximum allowable grant from I-/|CMTA for the Prolect; and, NOW THEREFORE, the parties hereby agree as follows: 1. CONDmONS 1. The Grantee shall use the Funds, as described below, to complete the Proiect as described in the Scope ofWork attached as Attachment A The Funds, as granted under this FA can only be used towards the completion ofthis Scope of Work The Grantee shall not use tlte Funds to substitute for any other funds or projects not specified in this FA- 2. The Grantee shall use the Funds in accordance with the Attachment B Expenditure Plan Guidelines as specified in Attachment B. 3. Grantee shall submit Expenditure Report Attacbment C - in accordance with the Attachment A -Scope of Work 4. The Grantee will prepare and submit to LACMTA a Request for Reimbursement for actual allowable Project costs incurred and paid for by the Grantee consistent with the Scope of Work Advance payments by LACMTA are not allowed. Each Request for Reimbursement shall indicate the total Project costs. Grantee's Request for Reimbursement shall include copies of invoices between Grantee and consultants. MR -lnterstate 7lo South Early Action Projects Review of EIR/EIS Re.v Date 07.t5.15 MEASURE R FUNDING AGREEMENT AWARD.#: 920000000MR306.15 5. LACMTA Board of Directors' action approved Funds for FY 2015-16 onlyin the amount of$57,000. LACMTA Board of Directors' action will be required to approve additiond work and Funds for subsequent Fiscal Years prior to those Funds being allocated to GRAI,ITEE. This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 6. The term ofthis FA shall commence fuly 1, 2013 and shall terminate on rune 30, 2018, unless extended by LACMTA in writing. 7. The Grantee shall be subiect to and shall comply with all applicable requirements of LACMTA regarding Proiect reporting. The Grantee shall use the FA number FA.MR 306.15 on all correspondence. 8. Unless written notificadon is otherwise provided by LACMTA, the effective date and start date of reimbursable activities is fuly 1, 2013. Actual reimbursement of eligible costs cannot occur until LACMTA and the Grantee execute this agreement 2. TMNSFER OF FUNDS 1. LACMTA shall reimburse the Grantee up to a maximum amount of$75,000 as specified for the Proiect subiect to the terms and conditions contained herein. 2. LACMTA shall transfer the Funds to the Grantee on reimbursement basis only. No advance of Funds shall be allowed. 3. The Grantee is responsible for all cost ovemrns incurred as a result ofthis Proiect Under no circumstances will the total amount ofmoney that LACMTA reimburses the Grantee exceed the amount ofthe Funds committed by LACMTA. 4. LACMTA shall not be responsible to provide any funding in the event the Grant is withdrawn, recdled or not appropriated for any reason. 5. Send correspondence to LACMTA shall be addressed to: Los Angeles County Metropolitan Transportation Authority 0ne Gateway Plaza MS:99-22-09 Los Angeles, CA 90012 Attn: Lucy Olmos Project Manager, Highway Program Phone: (213) 922-7099 Email: olmosl@metro.net Submit invoice with supporting documentation to: ACCOUNTSPAYABLE@METRO.NEI (preferable) or: Los Angeles County Metropolitan Transportation Authority Accounts Payable P.O.Box512296 MR -Interstate 7lO South Early Action Projects Rewiew of EIR/EIS Re.v Date 07.15.15 MEASUR-E R FUNDING AGR"EEMENT AWARD.#: 920000000MR306.15 Los Angeles, CA 90051-0296 Re: LACMTA Project lD# MR306.15 and Award #: 920000000MR306.15 Attr: Lury Olmos, MS: 99-22-09 Proiect Manager, Highway Program 6. Payments and notices to the Grantee shall be addressed to: City ofVernon 4305 Sana Fe Ave. Vernon, CA 90058 Attn: Derek Wieske, Public Worls Director 3. DEFAULT 1. LACMTA reserves the right to terminate this FA and withhold all payments of Funds in the event of Grantee's breach or dehult ofany term or condidon contained in this FA. 2. Grantee reserves the right to terminate this FA in the event of LACMTA's breach or default ofany term or condition contained in this FA. 4. AUDITREQUREMENT 1. LACMTA shall have the right to conduct a financial and compliance audit(s) ofthe Project Grantee agrees to establish and maintain proper accounting and procurement procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). The Grantee shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA" 2. Grantee's records shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondence, change order files, 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 for inspection and subiect 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 subiect to audit shall include, without limitation, those records deemed necessary by LACMTA to evaluate and verify direct and indirect costs, (including overhead allocations) as they may apply to costs associated B'ith the Proiect 3. Grantee shall cause all contractors to comply with the requirements of Paragraph 4.1 above. Grantee shall cause all contractors to cooperate fully in furnishing or in making available to LACMTA records which shall include, without limitation, accounting records, written policies and procedures, contract files, original estimates, correspondencg change order files, invoices and any other supponing evidence deemed necessary by LACMTA auditors or authorized representatives related to the ProiecL 5. MISCELI.ANEOUS 1. California law shall govern this FA. Ifany provision ofthis FA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall MR -lrterstate 7lo South Early Action Projects Review ofEIR/EIS Rev. Drte: 07 15 15 MEASURE R R'NDING AGR-EEMENT A\rVARD.#: 920000000MR305.15 nevertheless continue in full force without being impaired or invalidated in any way; unless any of the stated purposes ofthe FA would be defeated. 2. The Crantee shall not assign this FA, or any part thereol without written consent and prior approval of LACMTA Chief Executive Officer or designee, and any assignment without said consent shall be void and unenforceable. 3. This FA constitutes the entire understanding between parties, with respect subiect mafter herein. This FA shall not be amended, nor any provision or breach hereofwaived except in writing signed by the parties. 4. The covenants and agreements ofthis FA shall inure to the benefit of, and shall be binding upo4 each ofthe parties and their respective successors and assigns- Neither LACMTA nor any officer or employee thereofshall be responsible for any damage or liability occurring with any work performed by and or service provided by Grantee, its officers, agents, employees, contractors and subcontractors under this FA. Grantee shall fully indemnifu, defend and hold IACMTA, and its omcers, 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 iniury of any person for damage to or loss ofrisk ofproperty, any environmental obligation, any legal fees and any claims for damages ofany nature whatsoever arising ofthe Project, includinp without limitations, (i) misuse ofthe Funds by Grantee, or its omcers, agents, employees, contractors or subcontractors; (ii) breach ofthe Grantee's obligations under this FA; or (iii) any act or omission ofthe Grantee, or its officers, agents, employees, contractors or subcontractors in the use ofthe vehicles, performance ofthe work or t}le provision ofthe services, included, without limitation, the Scope of Work, described in this FA, except to tle extent such damages arise from LACMTA's willful misconducL 5. Grantee in the performance ofthe work required by this FA is an independent contractor and not an agent or employee ofLACMTA. Grantee shall not represent itself as an agent or employee ofLACMTA and shall have no powers to bind LACMTA in contract or otherwise. 6. The Grantee shall retain all original records and documents related to the work herein for a period oftrarelve (12) months after the grant closeout. MR -Interstate 7 lo South Early Action Projects Review of EIR/EIS Rev. Dete ()7.15.t5 MEASURE R FUNDING AGREEMENT AWARD.#: 920000000MR306.15 IN MTNESS WHEREOF, the parties have caused this FA to be executed by their duly authorized representatives as ofthe dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TMNSPORTATION AUTHORITY Date: Phillip A Washington Chief Executive Officer APPROVED AS TO FORM: MARYC.WICKHAM County Counsel Date: Deputy GRANTEE: CITY OF VERNON Date: William Davis Mayor ATTEST: Date: 'Maria E. Ayala City Clerk APPROVED AS TO FORM: Brian W. Byun Deputy City Attorney MR -Interstate ?lo South Early Action Projects Review ofEIR/EIS By' By, By: By, By,Date: Rev Dete o? 15 t 5 MEASURE R FUNDING AGR.EEMENT AWARD.#: 920000000MR306.1 5 AttachmentA Scope of Work Project Description: For FY l3-14 throueh FY l6-17: stafffrom the City of Vemon will attend I-710 Corridor Project Technical Advisory Committee (TAC), Project Committee @C), and Corridor Advisory Committee (CAC) meetings. At these meetings, the City of Vemon will be represented by Assistant City Engineer, Public Works Director, and/or City Engineer. Additionally, Meuo and its consultant team will meet with the staff fiom ttre City of Vernon to discuss the revised engineering concepts for the proposed Altematives and other engineering conceptVcoordination which may have impacts in the City of Vemon and the local vicinity. The costs allowable for reimbursement include but is not limited to time and mileage to attend the TAC, PC, and CAC meetings, meetings with MeEo, and intemal meetings for City of Vemon staff to forrralize recommendations requested by the I-710 TAC, brief the City's PC member, and/or meet with Metro, as necessary. Project Budget: The City of Vemon proposes the budget as follows: Task Amou,nt 1. I-710 Draft EIR/EIS Review (completed)$52,198 2)TAC, PC and CAC meeting attendance $13,500 3) Meetings with Metro/AECOM to discuss engineering concepts in the City of Vemon $9,302 TotalBudget $75,000 The maximum budget will be adhered to, but the budget for individual tasks budget may be rcvised to reflect actual costs, Project Schedule: Metro is managing the consulant contracts for the I-710 Corridor Project; the project is scheduled for completion on November 201 7. This scope will allow the City of Vemon to continue providing coordination and technical support for the I-710 Corridor Project within the limits of the City of Vernon. Deliverables : As part of the invoice submittal, the City will provide supporting documents, such as: meeting minutes, agendas, timesheets, consultant invoices and other additional back up required to Metro. MR -Interstate ? rO South Early Action Projects Rewiew of EIR/EIS Rev Date O? I 5 I5 Attachment B EXPENDITURE PLAN GUIDELINES ITIO EARLY ACTION PROJECTS State Iaw Reguires AII Meazure R Proiect and Program Sponsors to Submit an EJpendihre Plan To be eligible to receive Measure R revenues, an agency sponsoring a capital proiect or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Autlority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is submitted, reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project: o The estimated total cost for each project and program and/or each project or program activiry;o Funds other than Measure R that the project or program sponsor anticipates will be expended on the proiects and programs and/or each project or program activity;o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity. Each ofthe above elements must be provided in enough detail to determine consistenry with Measure R, the Long Range Transportation Plan for Los Angeles County, and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function), as follows: o Project or program scope of work, including sufficient information to determine funding eligibility, including, but not limited to, the anticipated proportional use ofcurrent rail rights-of-way, state highways, and below-ground subways versus any other rights-of-way or above-ground work; o A current-year cost estimate breakdown of the major sub-elements of the project such as overhead, environmental and permit work, design and engineering right-of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stoclg and other supporting components;o Any extraordinary project cost escalation issues, such as extraordinary commodity, right-of-way, surety, enerry costs, etc.;o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the proiect ifapplicable including a 3o/o local funding contribution to rail projects if Measure R Funding Agreement Review ofDraft EIR/EIS Rev:06.25.12 Attachment B EXPENDITURE PLAN GUIDELINES ITIO EARLY ACTION PROJECTS indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year-of-expenditure dollars; An annual schedule, in current dollars, ofanticipated costs by the cost estimate categories described above; and; The expected completion by month and year ofproject or program completion. Below is an excerpt of AB 2321 (2008, Feuer) the state legislation that requires the expenditure plan. WhatAB 2321 (2008. Feuer) Says About the E:qenditure PIan: Section b (3) B (Q Pior to submitting the ordinance to the votert the MTA shall adoptan expenditure plan for the net revenues deived from the tax. The expenditure plan shall include, in addition to other projec* and programs identifred by the MTA the specifred projects and programs listed in paragraph (3) ofsubdiuision (b), the estimated total cost for each project and program, funds other than the ax revenues that the MTA anticipates will be expended on the projects and programg and the schedule duing which the MTA anticipates funds will be auailable for each project and program. The MTA shall also identifi in itr expenditure plan dte expected completion dates for each project descibed in subparagraph (A) ofpangraph (3) of subdiuision (b). To be eligible to receive revenues deived from the ax, an agenry sponsoring a capital proiect or capial program shall submit to the MTA an expenditure plan for its project or program containing the same elements as the expenditure plan that MTA is required by this subdiision to prepare. (k) No later than 365 days pior to the adoption of an amendment described in (7) to an expenditure plan adopted pursuant to subdiuision (Q, including but not limited to the expenditure plan adopted by the MTA board as Uttachment A" in Ordinance #08-01 adopted by the board on /uly 24, 2008 and in addition to any other notice requirements in the proposing ordinance, the board shall notily the Members of the Legislature representing the County oflos Angeles ofall of the following: (1) A desciption ofthe proposed amendments to the adopted expenditure plan that would do any of the following: (A) Atrect the amount ofnet revenues derived from the ax imposed pursuant to this act that is proposed to be expended on a capibl project or projects identified ia the adopted expenditure plan. (B) Affect the schedule for the auailability of funds proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (C) Atrect the schedule for the estimated or expected completion date ofa capibl project or projects identifred in the adopted expenditure plan. (2) The reason for the proposed amendmenL 2 Measure R Funding Agreement Redew ofDraft EIR/EIS Rev:05.25.12 o o Attachment B EXPENDITURE PLAN GUIDELINES ITIO EARLY ACTION PROJECTS (3) The estimated impact the proposed amendment will have on the schedule cost scope, or timely auailability of funding for the capial projea or proiects contained in the adopted expendirure plan. Measure R Funding Agreement - Review of Draft EIR/EIS Rev:06.25.12 LACMTA FA ATTACHMENT C PROGRESS / EXPENDITURE REPORT GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO P.O. Box #512296, LG Angeles, CA 9q,51{296 affer the close of eadr quarGr. h,t no later than Xq@!el3q EClllgry2q UEII] and A!g!5_iU Pl€€se note that letteIs or oth6r fo.ms of dooJmentation may !91 be substhned br this furtn R6br to the Reporting and E4enditur€ Guidelines (Attadrment D) for further inbrmation. Please itemize gr8r -related dlarges for lhis Ouarter on Page 5 of this report and lnclud€ totab in t rb S€stion. LACXTA Gi'.d I Leial rEh {hc[h.l(nd)I Locd lirEh Toirl a f his Quartor ExFnditure Retentron Amount llet lrwoic. Amount (Lr.5 REEn6on) Fund. ErFnd.d to Dit llrEtude thls Ou..t r) fotal Proiecl Budgel $ )6 of Project Budget Expended to Oate Balance Remaining Errlr|diuft Riron GranGe Tg compleE lnvoice OaG MFt30615 Oualtertu Reoorl , Proiect Quarrer Exp€nditure Proiect-to-oate Erpenditure Rcv: l2l5G PROJECT TITLE: Review ot the l-710 Recirculated Orafr EIR/EIS - City ofVemon FA* MR306.15 QUARTERTY REPORT SUBXBTTED FOR: Fbcat Y€5,r: lmrr I zot+ts lzootrto lxt;zotz I zott-zota lzorezors Qualtr i [ot, .trl - seo ! oz, oa - oec !ee: .rn - uar ! el: apr . ,tun DATE SUB ITTED: I..'TCtrfA rcDAL CATEGORY: flrreeway ! nsrt Esignal Synchronization lrou ! aireway EPedestrian fllransit E re,q LACi,ffA Area Team Reprosenlative / Project Mgr. Name:Luqy Olmos Area Team:Hiqhway Prooram Phone Numberi 213 922 7099 e-rnail olhosl@nrtro nei Project Sporl-sor Contac-t / Proiect I[anager Contact Name:Derek Weske Job Title:Direclor of Public Wo*s / City Enqineer Department:Public Wo*s Department Citv / Aaenc./:City of Vemon Marlino Address:4305 S Santa Fe Ave. Vemon. CA 90058 Phone Numberi 323-583-8811 e-mail:dwrcske@ci vernon ca.us FlFrdiur! R€FlRev:12.l508 Lia el .tdit/etrUes and milesbn s as s,t,P<! in lE ou, $6 sl,,d eN eN dei€s cddl.E iE tolal poicd .hfiation Do NoT CHANGE fHEORTGTNALIOIJ TILfliT IESTART AT ) E,ID DATES SHOWN IN fHE 2IO A}D 3b COLU,,,IIS BELOW. Gt nlccs nust make eEry.{ld lo @)aEy FttW ntugo/,e d.B ia tE otilind *lOU SW d Wb4 s,t1rD di6 '.d rotirt fi. bats tu *ndiry eny ,,tric/d Us, ndestulc 5,6br orrd drlis dterEr to., tht de in 0E Otiginel l&U Sry d VW\ in<l.,lo tlE tw ttslF-s uler Ad)sl Sdldd,iiE Ww attd t -.,lo,hr6 tE $Fa tudioi lrono6r, trs does ml d,rtBa 0E otiinal nibsjor'6s in Wur ttOU- trR yOUR ttbu AGREE,ENT, ANY CHANGES TO THE PROEC| SCI{EDULE MUSI Be FORHALLY SUB'ITTED I/. OER SEPAMTE COyER TO LACHTA FOR IAIRIffEN CONCURRENCE. Original FA Schedulo in Scop€ of Wort Actual Schedule Start Date End Oate Start Dats End Oate l-71 0 Recirc{rlaled Dran EIR/EIS Proiect Meetinos other Proiecl Meetinqs Total Proiect Duraiion (days) E@dibr! R.rortRcv: l2IJ06 lf project Pay particule. atlention to schodule delays. lf delay is fo. the sarne .eason as mentioned in prEvious quano6, please indicate by w'iting "Same .3 Provious Ouarte/'. lf the poect is delayed (a3 the delay. Lkt taaka or milcstone6 accomplilhed and p.ogrE!! mad. this quaner. ErFdiDlI! R.pdR.y: l2lJ.S All .xp€fls6s and charges, indudhg Egll and locsl mrlch. rru.r b. itdniz€d ald list€d bclow Each il€fi list6d mun bG w.lfabb by an invoha andor oth€r pmper dooJm€fllElim. Tha tdal sirount3 ahorn hell nr3l be equal to this qu{teis encodrturla lEtcd di p€gc 1 of lhis rrport All exFns€s and charl|r3 ml/n bc r!ficctiva ol tira apFov€d budget and Etes as shfln in $6 FA Altdlmcnl A, Scop€ a,f l^.brlc Us€ addilihalp463 n€€d€d. 1 1C l1 NoLa: l. Loaal.rEEr sDcnt h edr qsrts, rrrrt bc h tlc ap9ro9.H. Fopodbn to LACIITA gErt 2. All rlcalpE, hvolces, and Umc !hact!, atLchad and licludad rllh lhb ErDanaa Raport mlEl !a lh(l and rhorti undar lll. lnvolc. Iulll!.r column oltrc ll.rnEld Lrdng (.Dot.). lrflolce PryrEnt lnfolmadon: LACMTA will make all disbursemeob electronically unless an exception is reqEsted in writing. ACH PaymentB rcquire that you complete an ACH Requ€st Fqm and fax it to Accouflb Payable d121}9?2510i ACH Request Forms can be found at www.metro.neucalforpojeds. Writteo ercepiin rcqu€sb for Check Payneits should be complaed and faxed to Accounts Pat€bb d213-922. I certry that I am tie responsible Project Manager or fiscal oficer and representative of and that to the best of my knowledge and beliel the information stated in this report is true and @rrect. SignatuE Oate Name Tie FA Aa-hrEol C ErFdiEnE R4drRcv:1215.08 ITEM . CI{ARGED TO LOCAL XATCNICHARGES RECEIVED ocr 2 6 2016 CITY CIERK'S OFFICE REGEIVED ()cI 2 0 20t CITY ADMINISTRATI()TI STAFF REPORT O( p-zb-tv PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Consent November l, 2016 Honorable d City Council Derek Wie tor of Public Works, Water and Development Serrices Claudia Arellano, Stormwater & Special Projects,lnatVs ?1j RE: Increase in Cost to the Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for the Purposes ofthe Proposition 84 Grent Program Recommendation A. Find that approval ofthe increase in cost to the Subrecipient Agreement is exempt under the Califomia 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, and find that for the construction and installation of two (2) tree box filters in a transportation corridor are categorically exempt under the CEQA in accordance with Guidelines Section 15303, Class 3 because: (i) no significant physical changes will occur as a result of this approval; (ii) the project will consist of minor construction and connection to an existing facility (catch basin) to improve the water quality in the Los Angeles River, (iii) the project is an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, (iv) the project does not involve significant amounts of hazardous substances, and (v) the area is not in an environmentally sensitive are4 and; B. Authorize an increase in cost of $14,476.82 to the Subrecipient Agreement between the Ciry of Vemon C'City) and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"). Background The Los Angeles Regional Board of the State Water Resources Control Board approved the National Pollutant Discharge Elimination System (NPDES) Permit for Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except those discharges originating from the City of Long DATE: TO: FROM: Department Originator: Page I of3 Beach @ereinafter referred to as the Municipal NPDES Permit) on November 8, 201 2 and amended on June 16, 2015 by Order WQ 2015-0075. The Municipal NPDES Permit places an emphasis on coordination of resources and efforts between the Permittees such as Integrated Watershed Planning. As such, the Public Works Department works cooperatively with GWMA cities and others to make better use of the limited resouces while making an effort to comply with the Municipal NPDES Permit. With that said, the City of Vemon participated with the cities of Bell Gardens, Downey, Lynwood, Norwalk, Paramount, Pico fuver4 Santa Fe Springs, Signal Hill, South Gate, and Whittier (hereinafter refened to as "Participating Cities") in the Proposition 84 grant fimding application to install stormwater treatrnent systems (hereinafter referred to as the "Project"). GWMA contracted with a consultant to lead the coordination and the State Water Resources Control Board (State Board) awarded $1,073,820 in grant fimds with a local match of$270,220. On March 17,2015 the City Council approved the Subrecipient Agreement between the City and GWMA to assist in facilitating the receipt, processing, and reimbursement of the Grant Agreement funding for the purposes of the Proposition 84 Grant Program through the State Board. The City's portion of grant funds is for two tree boxes which serve as Local Impact Development (LID) stormwater capture devices. These devices are slated to be installed on 26s Street: 1) one tree box will be installed west of Indiana Avenue, and; 2) one tree box will be installed east of Indiana Avenue. The tree boxes will be the City's first pilot project to achieve TMDL compliance. The initial value of the two tree boxes to be installed in the City's jurisdiction was $92,185.45, including construction, project management and monitoring with a total local match of$18,565.45. Discussion As required under Section 4.1 Implementation of Sub-Project of the Subrecipient Agteement, GWMA released a request for bids for the 8 members, Bell Gardens, Downey, Lynwood, Norualk, Paramount, Pico River4 Santa Fe Springs, and Vemon. GWMA received bid proposals from four companies: l) Palp, Inc. (Excel Paving), 2) Metro Builders & Engineers Group, Ltd., 3) Bali Construction, Inc., and 4) Mike Prlich and Sons, Inc., with bid amounts ranging from $8,14,350 - Sl,216,'140. In June 2016 GWMA awarded the contract to Palp, Inc. (aka Excel Paving) for a cost of $844,350. This essentially leaves a remaining balance of $ I 15,905. The original amount estimated exclusively for the construction portion ofthe Proposition 84 grant was $728,2145. The increase in cost is due in part to the State's delay to approve the project designs, as the costs have increased from the original estimate developed in 2013. The State Board has been notified of the increase in cost and has provided assurances that this increase does not affect the grant agreement. Although the State Board confirmed that the increase in cost for the construction ofthe project does not affect the grant agreement, Section 2.3 of the Subrecipient Agreement specifies that," ... Subrecipient shall be solely responsible for any costs associated with the Sub-Project in the event that the grant funds are not forthcoming for any reason, or in the event that the Subrecipient Grant Funds are insufficient to cover costs for the Sub-Project in any way." Page 2 of 3 Additionally, Excel Paving will be conducting geological sample testing and disposal ofhazardous soil, if required. These services will be conducted wrder a City Purchase Contract. Fiscal Impact Funds are available in the Public Works Departnent Street Operations account (1043) to cover the additional costs for the Project, geological sample testing, and disposal of hazardous soil. Attrchment l) SubrecipientAgreement Page 3 of 3 , SUBRECIPIENT AGREEMENT BETWEEN TTIE CITY OF VERNON AND TIIE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT FOWERS AUTHORITY This Subrecipient Agreement ("Agreement") is dated 23 ,2015 ("Effective Dat€") a.nd is between the City of Vernon, a Califomia charter City and Ca.lifornia municipal corporation ("Subrecipient") and the l,os Angeles Gateway Region lntegrated Regional Water Management Joint Powers Authority, a California Joint Powers Authority C'GWMA). RECITALS A. GWMA has entered into that certain Proposition 84 Stormwater Grant Program Grant Agreement No. 14-443-550 dated December 4,2014 ("Grant Agreement") with the State Water Resources Control Board ("State Water Board"), anached hereto as Exhibit -A" and incorporated hercin as though set forth in full, by which GWMA will receive One Million Seventy- Tbree Thousand Eight Hundred Twenty Dollars ($1,073,820.00) for the Multi-Agency/1\tlulti- Watershed Project to assist the Cities of Bell Gardens, Downey, Lynwood, |[elvalk, Paramount, Pico Rivera Santa Fe Springs, Sigral Hill, South Gate, Vemon and Whinier ("GWMA Members") in implementing I.ow Impact Development C'LD) Best Management Pracrices ("BMPs") that will decrease the loading of metals at multiple sites along the los Angeles River, San Gabriel River and Ips Cerritos Channel, and their tributaries, including the construction of a total of twenty-two (22) tree box filten, twenty (20) bioretention tree wells and one thousand two hundred ( I ,200) linear feet of bioswale (the "Projecf'). B. Subrecipient shall deposit with GWMA a total amount of Ninety-Two Thousand One Hundred Eighty Five Dollars and Forty-Five Cents (992,185.45) for GWMA to handle the competitive bidding process and to award a contract to construct and implement Subrecipient's share of the Project by constructing a tota.l of two (2) ree box filters, (collectively "LID BMPs") within its jurisdiction along the los Angeles River, and its tributaries (the "Sub-Project"). C. GWMA will provide a design template and specifications signed by a civil enerrnsel to the Subrecipient. It shall be the Subrecipient's sole responsibility to incorporate the provided documentation into is city plans signed by the Director of the Department of Public Works, Water & Development Services, as the City Engineer. D. GWMA will designate a total amount of Seventy Three Thousand Six Hundred Twenty Dollars ($73,620.00) of the grant funds from the State Water Board for construction and implementation of the Sub-Project ("Subrecipient Grant Funds"). E. Subrecipient understands and acknowledges that it is commining to pay its share to instrll a specific number of LID BMPs to prevent and reduce metals pollution in stormwater and demonstrate desired environmental results in compliance with the Grant Agreement. The parties therefore agree as follows: 1. SI.JBRECIPIENT OBLIGATIONS 1.1 Permits and License. Subrecipient shall assist GWMA in procuring all permits and licenses necessary to accomplish the Sub-Project, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Sub-Project work. 1.2 Commitment to Cost-Share. Subrecipient shall invest a minimum of Eighteen Thousand Five Hundred Sixty Five Dollars and Forty-Five Cents ($18,565.45) of its own funds (the "Cost-Share Amount"), which constitutes at least twenty percefi (2OVo) of the estimated cost of the Sub-Project, to the Sub-Project, in accordance with the Grant Agreement. GWMA shall document and submit documentation to the State Water Board rcflecting Subrecipient's internal costs and total Sub-hoject coss to demonstrate the Subrecipient's required cost share obligations under this Agreement and the Grant Agreement. ff, upon completion of the Sub-hoject, Subrecipient has provided its own funds in an amount less than twenty percent (207o) ofthe acoal cost of tbe Sub-Project, Subrecipient shall deposit with GWMA the difference between the Cost- Share Amount and twenty percent (ZOVo) of the actual cost of the Sub-Project. 1.3 Income Restrictions. Subrecipient shall pay to the State Water Board any refunds, rcbates, credits or other amounts (including interest thereon) accruing to or received by Subrecipient, to the extehTtha-fiey are properlyallocabTe to costSfoawffiaFsuilrecfpient hasbEEn reimbursed with Subrecipient Grant Funds by GWMA under this Agreement. 1.4 Compliance with Grant Agreement. Subrecipient shall comply with all grantee responsibilities of the Grant Agreement and shall perform its respective obligations under and in accordance with the Grant Agreement. ln the event that State Water Board determines Subrecipient has breached the grantee obligations under the Grant Agreement, Subrecipient will be solely responsible for complying with any State Water Board demands, determinations, fines or other such actions or penalties initiated by State Water Board because of the breach. No non- breaching GWMA Member, non-participating GWMA Member, or GWMA as a whole shall be in any way responsible for satisfying any State Water Board demands made in response to a breach of the Grant Agreement by Subrecipient. If Subrecipient is found in breach of the Grant Agreement, it shall remain obligated under this Agreement and remain rcsponsible to fulfill its obligations under this Agreement. The State Water Board may withhold all or any portion of the Subrecipient Grant Funds provided for by this Agreement in the event that Subrecipient has materially violated, or threatens to materially violate, any term, provision, condition or commitment of the Grant Agreement; or Subrecipient fails to maintain reasonable progress toward completion of the Sub-Project. 1.5 Aoprovals. Entitlements and Permits. If public agency approvals, entitlements or perrnits are re4uired for implementation of the Sub-Project, Strhrecipient shall promptly assist GWMA in obtaining such approvals, entitlements and permits and submit signed copies of the same to GWMA prior to commencement of Sub-Project work. If the Sub-Project is carried out on lands not owned by Subrecipient, Subrecipient shall obtain adequate rights-of-way for the useful life of the Sub-Project. For purposes of this Agreement, the 'tseful life" of any constructed ponions of the Sub-Project begins upon completion of construction and continues until frfty (50) years thereafter for pipelines and structures and twenty (20) years for all else. Review or approval of Sub-Project applications, documents, permits, plans and specifrcations or other Sub-Project information by the State Water Board is for administrative purposes only and does not relieve I 2664{003\ I 80E l74v I doc Page 2 of 13 Subrecipient of its responsibility to properly plan, design, construct, operate, maintain. implement and otherwise carry out the Sub-Project. 1.6 Comoliance with Laws. Regulations. Etc. Subrecipient shall, at all times, comply with, and rcquire its contractors and subcontractors to comply with, all applicable federal and state laws, rules, guidelines, regulations and requirements, including, if applicable, Water Code Section 5103(e). Without limiting the foregoing, Subrecipient shall, to the extent possible, comply with the provisions of the adopted environmental mitigation plan for the term of this Agreement, or the usefirl life of the Sub-hoject, whichever is later. Subrecipient certifies that it is not required to file a Statement of Diversion and Use pursuant to Water Code Section 510L 1.7 Compliance with Urban Water Management Planning Act. Subrecipient cenifies that the Sub.Project complies with the Urban Water Management Plafiring Act (Cal. Water Code, $ 106l0etse4.). 1.8 Consistenc), with Watershed Management Plan. Subrecipient certifies that any watershed protection activity under taken as part of the Sub-Project will be consistent with the applicable adopted local watershed management plans and the applicable Water Qua.lity Contol Basin adopted by a Regional Water Board or the State Watcr Board, where such plans exist. Any such activity occurring in the San Gabriel and Los Angeles watersheds shall be consistent with the San Gabriel and los Angeles River Watershed and Open Space Plan, as adopted by the San Gabriel and I-ower los Angeles Rivers and Mountain Conservancy and the Santa Monica Mountains Conservancy. 1.9 Water Conservation and Efficiencv Proqrams. Subrecipient has appropriate water conservation and effrciency programs in place. Subrecipient shall comply with the State Water Board's Drought Emergency Water Conservation regulations in Sections 863-865 of Title 23 of the California Code of Regulations. If applicable, Subrecipient shall assist GWMA in preparing a description of its progress and compliance with these Water Conservation regulations in GWMA's reports submitted pursuant to Section 6 of this Agreement. 1.10 State Water Board Disclosure Reouirements. Subrecipient shall include the following disclosure statement in any document, written report or brochure prepared, in whole or in part, pursuant to this Agreement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resources Control Board, nor does mention of trade names or commercial products constitute endorsement or recornmendation of use." Funher, Subrecipient shall post signage in a prominent location at Sub-hoject sites or at Subrecipient's City Hall that includes the State Water Board's logo, available from GWMA, and the following disclosure statement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board." I 266,Sm3\ I t06l 74v I doc Page 3 of 13 1.1 1 Ooerations and Maintenance. Subrccipient sha.ll maintain and operate the facility and structurcs constructed or improved as paft of the Sub-koject throughout the useful life of the Sub-Project, consistent with the purposes for which the Grant Agreement was made. Subrecipient assumes all operations and maintenance costs of the faci.lities and structures; GWMA and the State Water Board shall not be liable for any cost of such maintenance, management or operation. Subrecipient may be excused from operations and maintenance only upon the written approval of the Deputy Director of the Division ofFinancial Assistance (the "Division"). For purposes of this Section l.ll, "operation costs" include direct costs incurred for material and labor needed for operations, uti,lities, insurance and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 1.12 Continuous Use of Sub-Project: kase or Disposal of Sub-Project. Subrec.ipient, except as provided in this Agreement and the Grant Agreement, shall not abandon, substantially discontinue use oi lease or dispose of the Sub-hoject, or any significant part or portion thereof during the usefirl life of the Sub-Project without the prior written approval ofthe Deputy Director of the Division. The Deputy Director may condition the approval, as determined to be appropriate by him s1 her, including a condition requiring repayment of all grant funds or any ponion of all remaining graot funds covered by this Agreement together with accrued intercst and any penalty assessments that may be due. 2. DI,SBURSEMENTOI'I'UNDS 2.1 Deposit of Funds. Within thirty (30) calendar days of the execution of this A$eement, Subrecipient shall deposit with GWMA a.n amount not-to-exceed Ninety Two Thousand One Hundred Eighty Five Dollars and Fony-Five Cents ($92,185.45), which shall constitute the total estimated cost of Subrecipient's Sub-Project (which includes the Cost-Share Amount and the Subrecipient Grant Funds amount). 2.2 Reimbursement of Funds: Insufficient Funds. tlpon Subrecipient's compliance with the requiremens set forth in this AgreemeDt, GWMA shall apply to the State water Board for reimbursement of Sub-Project costs. Within thirty (30) calendar days of GWMA's receipt of reimbursement funds for the Sub-Project costs from Ore State Warcr Board, GWMA shall reimburse Subrccipient in an amount equal to the reimbursement funds received from the State Water Board. The total amount of funds that GWMA reimburses to Subrccipient shall in no event exceed the dollar amount listed in Section 2.1 of this Agreement, which said dollar amount shall constitute GWMA's full obligation to Subrecipient, unless GWMA receives additional funds from the State Water Board for the completion of the Sub-Project or unless GWMA opts to shift the funds currently allocated under the Grant Agreement from other GWMA Members' sub-projects to the Sub-Project. In such case, the parties shall amend the Agreement to rcflect the additional sum and, if applicable, the additional LID BMPs to be constructed under the Sub-Project. If tle Subrecipient Grant Funds are insufficient to complete the Sub-Project, Subrecipient shall secure and provide such additional non-State Water Board gant funds necessary to complete the Sub- Project. Reimbursement, if any, to Subrecipient by GWMA in accordance with this Section 2.2 is conditioned upon receipt of the grant funds by GWMA from the State Water Board and obtaining all required approvals from the State Water Board, including environmental clearances. If the | 26a{0O3\ I 808 I 74v I .doc Page 4 of 13 grant funds are not forthcoming from the State Water Board, for any reason, GWMA shall not have any obligation to reimburse Subrecipient through any other source of GWMA funds. If the grant funds are reduced by the State Water Board, for any reason, Subrecipient shall secure and provide such additional funds necessary to complete the Sub-Project and GWMA shall not have any obligation to rcimburse Subrecipient for such additional funds through any other source of GWMA funds. 2.3 Cost Ovem.rns. At no time shall GWMA or a non-participating GWMA Member be liable for any cost associated with the Project, including the Sub-Project. ln the event that the grant funds are not forthcoming from the State Water Board for any reason, or if the Subrecipient Grant Funds are insufficient to cover costs for the Sub-Project in any way, GWMA and the GWMA Members thar are not named as the Subrecipient under this Agreement shall not be held liable for any costs. Subrecipient shall be solely rcsponsible for any coss associated with the Sub-Project in the event that the gratrt funds are not forthcoming for any rcason, or in the event that the Subrecipient Grant Funds are insufhcient to cover costs for the Sub-Project in any way. 3. TERM 3.1 Term. This Agreement shall commence on the Effective Date and shall continue through final payment to Subrecipient plus thirty-five (35) years, unless earlier terminated in accordance with Section 7.3 or amended. 4. C(X)RDINATIONOFWORK 4.1 Lnplementation of Sub-Project. After the execution of all subrccipient agreements with all GWMA members participating in the Project, GWMA shall manage the Notice lnviting Bids for the Project and the construction of the Sub-Project in accordance with the Scope of Work set forth in Exhibit A of tbe Grant Agreement. The parties, upon mutual written agreement, may amend the total number of LID BMPs rcquired to be installed by Subrecipient during the term of this Agreement. Subrecipient shall immediately notify GWMA of events or proposed changes that could affect the scope, budget or work performed under this Agreement prior to the termination of this Agreement pursuant to Section 3.1. Subrccipient shall not undertake any substantia.l change in tbe scope of the Sub-Project until Subrecipient has provided written notice of the proposed change to GWMA and the State Water Board has given written approval of the change. 4.2 Subrecipient Representative. The Subrecipient Representailve for Subrecipient shall be the Director of the Department of Public Works, Water & Development Services of the City of Vemon or such person as may be designated by the Director of the Department of Public Works, Water & Development Services in writing. GWMA shall refer any decisions that must be made by Subrecipient to the Subrecipient Representative. Any approval by Subrecipient required under this Agreement shall mean the approval of the Subrecipient Reprcsentative, unless the Subrecipient Representative informs GWMA that the decision must be made by City Council. 4.3 GWMA Representative. The GWMA Representative shall be the Exerutive Director, or such person as may be designated by the Executive Director in writing. It shall be Subrecipient's responsibility to ensure that the GWMA Representative is kept infonned of the progress of the performance of the Sub-Project and Subrecipient shall refer any decisions that must I 2664{m3\ I t08 I 74v Ldo. Page 5 of 13 be made by GWMA to the GWMA Representative. Any approval by GWMA required under this Agreement shall mean the approval of the GWMA Representative, un.less the GWMA Representative infomrs Subrecip.ient that the decision must be made by the Board of Directors. 4.4 Independent Contractor. Subrecipient is, and shall at all times remain as to GWMA and to all GWMA Memben not named as subrecipients under this Agrcement, a wholly independent contractor, Subrecipient shall have no power to incur any debt, obligation or liability on GWMA's behalf or on behalf of any GWMA Member not narned as a subrecipient under this Agreement. Neither GWMA nor any of its agents shall have control over the conduct of Subrecipient or any of Subrecipient's employees, except as set forth in this Agreement. Subrecipient shall fully comply with the worker's compensation laws regarding the Subrecipient and Subrecipient's employees. Subrecipient shall indemnify and hold GWMA and all GWMA Members not named as subrccipients under this Agreement harmless from any failure of Subrecipient to comply with applicable workers' compensation laws. 5. MANDATORY LIABILITY COVERAGE 5.1 Coverage. Throughout the useful life of the Sub-Project, Subrecipient shall provide and maintain insurance against fue, vandalism and other loss, damage or destruction of the LID BMPs constructed pursuant to this Agreement. 5.2 Memorandum of Coveraqe. Subrecipient shall file with GWMA upon the execution of this Agrccmcn! a mcmorandum of coveragc issucd by thc Califomia Joint Powers Insurance Authority, or the equivalent, as accepted by GWMA's Risk Manager, that shall provide that no cancellation, major change in coverage, expiration, or nonrenewal will be made during the terrn of this Agreement, without thirty (30) calendar days' written notice to GWMA and the State Water Board prior to the effective date of such cancellation or cbange in coverage. 5.3 Additional Insurance Reouirements. Tbe insurance coverage 5hall provide (i) that the coveragc shall cxtcnd to GWMA, and each of its officers, agency, cmployccs and volunteers and (ii) that the coverage shall operate as primary coverage. 5.4 Coveraqe Reouirements. This insurance shall be issued by a company or companies admitted to transact business in the State of California. Subrecipient shall require each consultant or contractor retained by Subrecipient to implement the Sub-Project to obtain liability coverage at least as comprehensive as required under this Section 5 of this Agreement and shall require GWMA and its officers, agents, employees, and volunteers to be named as additional named insurcd on such coverage. Subrecipient shall also require each consultant and contractor 1s s[tain workers' compensation coverage at not less than the minimum required under California law. 5.5 Use of Insurance Proceeds. In the event ofany damage to or destruction of the Sub- Project or any larger system to which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of tbe Sub-Project or its larger system. Subrecipient shall begin such reconstruction, repair or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in 12664{003\lEotl74vl doc Page 6 of 13 connection with sucb rcconstruction, repair or replacement so that the same shall be completed and the larger system sha.ll be free of all claims and liens. 6. REFORTS, AT]DITS, RECORDS, INSPECTIONS AND REVIEWS 6.1 Reoorts. GWMA shall prepare and submit regional progress and project reports to the State Water Board to firlfill the GWMA's reporting obligations under the Grant Agreement. Subrecipient shall assist GWMA by providing all requested documentation as GWMA prepares and submits progress and project reports to the State Water Board. Subrecipient shall comply with all other reporting requirements required of subrecipients and subgrantees under the Grant Agreement, including, if applicable, the reporting requirements specified in Paragraph G of Exhibit B of the GraDt Agreement. 6.2 Audits and Records. GWMA, the State Water Board, the Bureau of State Audits, the Governor of the State, the Internal Revenue Service, or any authorized representative of the foregoing may review and copy any records and supporting documentation pertaining to the performance of this Agreement. The Division, at its option, may call for an audit of frnancial inforrnation relative to the Sub-Project, where the Deputy Director of the Division deterrnines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is call for, the audit shall be performed by a certified public accountant, The audit shall be in the form required by the Division. Subrecipient shall maint2in such records for a possible audit for a minimum of thirty-five (35) years after final payment, unless a longer period of records retention is stipulated. Audito(s) shall bave access to such records during normal business houn and allow interviews of any employees who might reasonably have hforrnation related to such records. Funher, Subrecipient shall include a similar right of GWMA and the State of Califomia to audit records and interview staff in any contract related to performance of this Agreement. 6.3 Records. Without limiting the requirement in Section 9.2 of this Agreement to maintain Sub-Project accounts in accordance with generally accepted accounting principles, Subrecipient shall, to the extent applicable: 6.4 Establish an offrcial frle for the Sub-hoject that adequately documents all significant actions relative to the Sub-Project; 6.5 Establish separate accounts that adequately and accurately depict atl amounts received and expended on the Sub-Project, including all ponions of grant funds received under this Agreement; 6.6 Establish separate accounts that adequately depict all income received that is attributable to tle Sub-Project, especially including any income attributable to portions of grant funds disbursed under this Agreement; 6.7 Establisb an accounting system that wiJl adequately depict frnal total costs of the Sub-Project, including both direct and indirect costs; I 2664-Om3\ I 808 I 74v Ldoc Page 7 of 13 6.8 Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reponing requirements under federal tax statutes or regulations; and 6.9 If a Force Account is used by Subrecipient for any phase of the Sub-Project, establish an account that documents all employee hours and associated tasks charged to the Sub- Project per employee. 6.10 InsE)ections. The State Water Board, the Bureau of State Audits, or any authorized representative of the foregoing, shall have suitable access to the Sub-hoject sites at all reasonable times during Sub-Project implementation and thereafter for the useful life of the Sub-hoject to ascertain compliance with the Grant Agreement and is goals. 7. ENFOR,CEMENTOFCONTRACT 7 .l Applicable I-aw, This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California and the United States, as applicable. Legal actions concerning any dispute, claim or matter arising out of or in rclation to this Agreement shall be instituted in the Superior Coun of Los Angeles or the United States Disuict Court in the Central District of Califomi4 or any other appropriate court in I-os Angeles County, and Subrecipient covenaDts and agrees to submit to tbe personal jurisdiction of such court in the event of such action. Pending the resolution of disputes arising under this Agreement by the parties or a court of competent jurisdiction, Subrecipient shall continue to fulfill and comply with all the tenns, provisions, commitrnents and rcquirements of this Agreement. 7 .2 Assignment. Subrecipient shall not assign this Agreement, either in whole or in part, without GWMA's prior written consent. 7 .3 Temrination. GWMA may terminate this Agreement if GWMA receives notice from the State Water Board that the Grant Agreement has b€en terminated by giving written notice to Subrecipient. In the event of the State Water Board's termination of tbe Grant Agroemetrt upon the violation by GWMA, Subrecipient or any other GWMA Member subrecipient of any material provision of the Grant Agreement, Subrecipient shall, upon demand, immediately repay to the State Water Board an amount equal to the Subrecipient Grant Funds distriburcd to Subrecipient prior to such terrrrination. In the event of such termination, interest shall accrue on Subrecipient's amounts due at the highest legal rate from the date that notice of termination is mailed to GWMA from the State Water Board to the date Subrecipient's full repayment. 7 .4 Waiver. Waiver by any party of any of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 7 .5 No Third Pany Rights. The parties to this Agreement do not create rights in, or grant remedies to, any thkd party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established in this Agrecmcnt. 7 .6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are 1 2664-0003\1 808 I 7av I doc Page 8 of 13 cumulative and the exercis€ by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or differcnt times, of any other righs or remedies for the same default, or any other default by the other parties. 7.7 kgal Action. ln addition to any other rights or remedies, any party may take legal action, in law or in equity, to curc, corect or remedy any default, to recover drmages for any default, to complete specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7 .8 Anorneys' Fees. If any party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief that may be granted, whether legal or equitable, shall be entitled to actual attomeys' fees. Attomeys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attomeys' fees shall be entitled to all other costs for investigating such action, taking depositions and discovery and all other costs incurred in such litigation. 7.9 Damaees for Brcach Affecting Tax Exempt Status. In the event that any breacb of any ofthe provisions of this Agreement by Subrecipient rcsults in the loss of tax exempt status for any state bonds, or such breach rcsults in an obligation on the pan of the State to reimburse the federal govemment by reason of any arbitrage profits, Subrecipient shall immediately reimburse the State Water Board in an amount equal to any damages paid by or loss incurred by the State due to such breach. 7.lO Related Utisation. Under no circumstances may Subrecipient use any ponion of the Subrecipient Grant Funds from any disbursements under this Agreement to pay costs associated with any litigation Subrecipient pursues against the State Water Board or any Regional Water Board. Regardless of the ourcome of any such litigation, and notwithstanding any conflicting language in this Agreement, Subrccipient agre€s to complete the Sub-Project funded by this Agreement or to repay the Subrecipient Grant Funds, plus interest. t. II\DEMMHCATION 8.1 Indernnification. Neither GWMA nor any offrcer or employee thercof, nor any member of GWMA that is not named as a subrecipient in this Agreement, shall be responsible for any damage or liability occurring by reason of anything done or commined to be done by Subrecipient, its officers, agents, employees, contr:rctors and subcontractors under this Agreement. Subrecipient shall fully indernnify, defend and hold GWMA, rhe State Water Board and the State (collectively, the "tndemnitees") harmless from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whasoever, arising out of, resulting from or in any way connected with (l) the Sub-Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about" or the planning, design, acquisition, installation or construction of the Sub-Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement and any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Waste Control Law, Section 13304 of I 2664{003\l t08 I 74vl.doc Page 9 of 13 Califomia Water Code and any successors to said laws), rule or regulation or the release of any toxic substance on or near the Sub-Project site(s); or (4) any untrue statement or alleged untrue statement of any materid fact or omission or a.lleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by Subrecipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, Subrecipient shall pay and discharge any judgment or award entered or made against the Indemnitees with respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this Section 8.I shall survive the expiration or termination of this Agreement. 9. MISCELLAI{EOUSPROVISIONS 9.1 Conflict of Intercst. Subrecipient certifies that it is in compliance with applicable state and federal conflict of interest laws. 9.2 Fiscal Management Systems and Accounting Standards. Subrecipient agrees that, at a minimum, its fiscal control and accounting procedures shall be sufficient to permit tracing of the grant funds to a level of expenditure adequate to establish that the Subrecipient Grant Funds have not been used in violation of state law, this Agreement or the Grant Agreement. Subrecip.ient shall 62i11a1n separate Sub-Project accounts in accordance with generally accepted accounting principles. 9.3 Dscoverv of Potential Archeological or Historical Resources. Should potential archmlogical or historical rcsources be discovercd during implementation of the Sub-Project, all Sub-Project work in the area shall cease until (l) a qualifred archeologist has evaluated the Director of the Division has determined what actions should be taken to protect and preserve the resource. Subrecipient shall implement appropriate actions as directed by the Division. 9.4 Nondiscrimination. During the performance of this Agreement, Subrecipient and its consultants and contractors shall not unlawfuIly discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS)' mental disability, medical condition (cancer), age (over 40), marital status and denial of family care leave. Subrecipient and its consultants and contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Subrccipient and its consultants and contractors shall comply wittr the provisions of the Fair Employment and Housing Act (Cal. Gov. Code, S 12990) and the applicable regulations promulgated thereunder (Cal. Regs., tit. 2, $ 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Govemment Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of regulations, are incorporated into this Agreement by this reference and made a part hereof as if set forth in full. Subrecipient and its consultants and contractors shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaini-ng or other Agreement, if any. Subrccipient shall include the nondiscrimination and compliance provisions in this Section 9.4 in all subcontracts to perform Sub-Project work under this Agre€ment. Subrecipient's failure to carry I 2664{003\ I toE I 74v I doc Page l0 of 13 out the requirements set forth in this Section 9.4 and applicable requirements in Pan 33 of Title zl0 of the Code of Federal Regulations is a breach of a material provision of this Agreement that may result in its termination. 9.5 Discoverv of Unexpected Endangered or Threatened Soecies. Should federal or state protected species, as defined in the federal and state Endangered Species Acts, be unexpectedly encountered during implementation of the Sub-Project, Subrecipient shall promptly notify GWMA. This notifrcation is in addition to Subrecipient's obligations under the federal and state Endangered Species Acts. 9.6 Riehts in Data. AlI dat4 plans, drawings, specifications, rcports, computer progams, operating manuals, audio and video recordings, notes and other written or graphic work produced in the performance of this Agreement shall be in the public domain. Subrecipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Ageement, subject to appropriate acknowledgment of credit to the State Water Board for financial suppoft. Subrecipient shall not utilize the materials for atry profit-making venture or sell or graDt rights to a third party who intends to do so. 9.7 Notices. (a) Subrecipient shall notify GWMA at least twenty (20) working days prior to any public or media event publicizing the accomplishments or results of this Agreement and provide the opportunity for attendance and participation by GWMA and State Water Board rePresentatives. O) Any notices, bills, invoices or reports required by this Agreement shall be given by first class U.S. mail or by penonal service. Notices shall be deemed received on (i) the day of delivery if delivered by hand or ovemight courier service during Subrecipient's and GWMA's regular business hours or by facsirnile before or during rcgular business houn; or (ii) on the third business day following deposit in the United States mail, postage prepai( to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section 9.6(b). AII notices shall be delivered the parties at the following addrcsses: ToGWMA:Attn: Grace J. Kast, Executive Officer Gateway Regional Water Management Authority 16401 Paramount Boulevard Paramount, California 90723 Facsimi le: 562-634-8216 Attn: Samuel Kevin Wilson, Director of Public Works, Water & Development Services City of Vernon 4305 Santa Fe Avenue Vernon, Califomia 90058 Facsimile: 323-826-1 435 To Subrecipient: I 266{-0003U 80E I 7av Ldoc Page l1 of 13 9.8 Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement. 9.9 Word Usage. Unless the context clearly requires otherwise, (a) the words "shall," '\r,ill" and "agrees" are mandatory and "may'' is permissive; O) "or" is not exclusive; and (c) "includes" or "including" arc not limiting. 9.10 tnterpretation. The terms of this Agreement shall be construed in accordanct with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.1 I Intesration: Amendment. It is understood that there are no oral agleements between the parties of this Agreement affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agre€ments and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.12 Corporate Authorit],. The persons executing this Agreement on behalfofthe parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement, on behalf of said party; (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 9.13 Exhibits: hecedence. Exhibit A is incorporated into this Agreement by this reference. ln the event of any material discrcpancy between the express provisions of this Agreement and the provisions of Exhibit A, the provisions of this Agre€ment shall prevail, except thd all state grant fund requirements contained in Exhibit A shall prcvail over the provisions of this Agreement. 9.14 Severability. lf a coun of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason, the validity ofand enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect. I 2664-0003\ I 808 I 74v Ldoc Page 12 of 13 The panies are signing this Agreement on the date stated in the introductory clause. GWMA Los Angeles Gateway Region lntegrated Subrecipient City of Vemon Name: Title:Citv Clerk Regional Water Management Joint Powers a Califomia charter City and California municipal corporation By: City Admini strator ATTEST:ATTEST: Name: Title: APPROVED AS TO FORM:APPROVED AS TO FORM: By: By: I 266a-0003\l 808 I 74v l.doc Page 13 of I 3 By, N Ti EXIIIBIT A GRANTAGREEMENT (Attached) I 26i54-0m3\ I Eot I 74v I .doc A-l DGS N NO.L PROPOSITION 84 STORI TI/ATER GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD, hereinafter called "State' or'State Water Board' AND GATEWAY WATER MAMGEMENT AUTHORIW, hereinaft er calted Grar ee' MULTI.AGENCY/MULTI.WATERSHED PROJECT TO INCOFPOMTE LOW IMPACT DEVELOPMENT (LlD) BEST MAMGEMENT PRACTICES (BMPs) INTO MAJOR TRANSPOFTATION CORRIOORS, hereindter cafl€d'Projecf AGREEMENT NO. 14.443.550 The State and Grartee horeby agree as blloryB: PHovlsloN(s). The followirE provir'on(s) authodze the Stale Waler Board to erfler irto this t]p€ of GEnl Agreemoflt: Pub. Besources Code. S 75050(m) (Prop. &4 Stormwater Contamlnation Reduciion arld P6/entibn) PUEeQSE, The Shle shatr provk e a gIaflt b and tor lhe b€rEfit of Grante€ ,o, tfi€ puipose ol imdemonting LID BMPS UlaI wil decrease th€ bading ol metds into the Los Angehs Biver, San Gabrbl River. and Los C€ritos Channel, and th6ir fihrtaries. GRANr ArouNr. The maximum anount payablo under thls Agreement shal not exca€d $1,073,820. TERM oF AcaEMEMr. Tfre tafm cil thB Agr€emsnt shall b€gin on OCTOBER 1 , 201 4 and continue through findpaytnonl dus thirty-five (35) yBars unl€ss otherwise tarminated or am€rded as Fovil€d in lh6 Agrsement HOWEVER, ALL WOBK SHAI.I BE CCIU|PLETEO BY i'ABCH 31. 2017. ABSOLUTELY NO FUNDS MAY BE REOUESTEO AFTER APRIL 30, 2017. PBoJEcr REPBESENTAIVES. The Prcigct RQrBsentativ6 (furing the term of thb AgfEqnenf wil b€: Direct all inquiries to: Gateu/ay Water Msnagement Aufiority State Water Board Grant Agreement No. 14-44$550 Page 2 ot 20 Either party may change its Project ReprBsentative upon written notice to the other party. STANoARD PRovlslo{s. The blbl,ving exhibits are attachod and made a part of this Agreemem by Ois rderence: E$dbit A SCOPE OF WORK - WORK TO BE PERFORMED BY THE GRANTEE Exhibit B Bfiibir c E)(htbtt D IT.A/OICING, BUDGET DETAIL AND REPORTING PROVISIONS GENEML TERMS I CONDITIONS SPECIAL CONDMONS By GRAIrEE REPRESEMTAIoNS. The Grantee accepts and agrees to comply with all terms, provislons, conditions, and commitnents of this Agrcement, induding ai incorpo;ated documents. and to fulfill all assurances, declarations, representallons, and commiEnents made by the Grantee in its application, accomp€nylngdeclarations, representallons, and commiEnents made by the Grantee in its application, accomp€nylng documents, and communicalims fbd in suppon ot its reouest for orant fundino. Grantee shall comDlvdocuments,fbd in suppon ot its request for grant funding. Grantee shall comply with and require lE contractors and subcontractors to comply with all appllcable laws. policies and lN WITNESS THEREOF, the pani€s have executed this Agreement on the dates StEle Water Resources Relirllirtby4l Offce of Chid Counsd Oae: p-y-ry Divisrbn of Financial Assistanca GranEe Typed/Pdntod Name Date ciateway water Management Authority State Water Board Granl Agreeme'qt No. 14-14&550 Page 3 ol 2t) EXHIBIT A SCOPE OF WORK - WORK TO BE PERFORMED BY THE GRANTEE PLANS AND GENEML COMPLIANCE REQUIREMENTS 1. ln order for the State Water Board and Regional Water Quality Confol Boad (Reglonal Watar Boald) staff to verify vrofi was adequd6ly porlomed or conducted, Global Postlbning Slstdn (GPS) informalion for proiect sile and monibring localions must be iJontlfi€d tor this ProlecL Submittal roquirements tor GPS data ar6 availablo at: 2. Th€ Grarne€ shal prepare and submit a lvbnhorim and Reporting Plan (MRP) that do€s all ot the bllorirg: 1) 'rdBffies the nonpoint sourco(s) ol pofiution to be provent€d or rsduc€d by the Project; 2) decrtes the basellne wder quality or qualhy of the erwironment to be addross€d: 3) d€scdbes he manner in which the Proj*t wi[ be €ttecti\r€ in prevendng or reducing pollution and in demonstratng th6 desired €rwironmental resrfB; and 4) describes the monitorlng program, induding, but not limitod to, the methodology, frBquency, and durafnn ol monitorirB. The MHP shall b€ o€anized as tolots, and may ba submitted as separate documents or in one report 2.1 Proiect Assossmert and Evaludion Pioiecl Assessment and Evaluation Plan (PAEP) descdbss the manr€r in which the Polect will be slfectv€ in preventing or reducing pollution and in d€monstrating tho desked environm€ntal r6uhs. PAEP details tho mdhods of measuring Prol€cl ben€fits ard reponing them in accordance with a PAEP. Grante€ shall not imdeflrent monitoring and performanca assossmor andor evalualion aclions prior lo PAEP appror/al by the Grant Manag6r. GuiJance tor preparing th€ PAEP is available at 2.2 iibnitorino Pbn All proiects that includ€ wEler quallty or environmental monitoring must pr€pare a lronito.irE Plan (MP). Al a minimum, all MPs must 1) describo th€ bas€line waler guallty or qualtty of the snvironment to be ddross€d; 2) irentty lhe nonfoint source(s) of polluton to b6 prevented or reduced by Ule Proiect and 3) provide GPS ir ormetion tor all samCing locations. The MP must indude a d€sslption ol tlt€ monitoring program ard obiectiv€s, typ€s ol constituenE to be monitored, mefioddogy, the trequency and duration of monioring, and th€ samding locaton tor the mon'rtoring activities. Any costs rolated to monitoring dala cofl€cted prior to and not supporl€d by th6 approv€d MP will not b€ reimbursed. Changes to Ors MP musl b€ submin€d b th€ Grant Managsr for roview end a decision rBgarding approval p.ior to impl€mentation. Guidance for prcparing an MP b avallaue a: 2.3 OualiN AssurarEe and Proioct Plan lf wder quality monitoring is urd€rtaken, ths G6nt€€ sh8ll dso p(par€, mair aln, and implemenl a Qualtty fusu..nct ftol€d Plan (OAPP) ln accodarce witn th6 State W8t6r Eoad's grrlee Waler Ambient Monitoring Program's (S1,lrAMP) OAPP and data r€porling requirements, and the USEPA QAPP, EPA AcyRs, 3/O1. Water quality monitoring data includ€s physical, chembal, and biological monibring of any sud&e water. The QAPP shall be submitted to lhe S'tate Waler Board's Qualhy Assurance Ofllcer for revi€w and a decislon rBgarding approval. Any cosis Glated lo monilorlng data colected prior to and nol supporled by th€ approved OAPP will not b€ rsimhJrs€d. Gu6ence tor preparing the OAPP is aveilaHe at 4. Gateway Water Management Authority State Water Board Grant Agreement No. 14443-550 Page 4 of 20 The Grantee shall upload a pdf version of the final approved document(s) to the Financial Assistance Application Submittal Tool (FMST) system. 2.4 Oata Manaoement The Grantee shall upload all water quality data obtained through its implementation of the MP to the Califomh Envircnmental Data Exchange Netwo* (CEDEN). The Grantee shall also provide a receipt of successful data submission, which is generated by CEDEN, to the Grant Manager prior io submifiing a final invoice. Guidance for submitting data, including rBquired minimum data elements and data formats, is available at http:i i/ww.ceden.oro or the Regional Data Centers (RDCS) (Moss Landing Marine Lab, San Francisco EshJary lnsttute, Southem Califomia CoastalWater Research Project or Central Valley RDC). Contact infrormation for the RDCS is included in the CEDEN web link. Activitiss supported by grant funds are projects under the Caliiomia Environmental Oualrty Aci (CEOA) and must comply wirt CEQA requirements. Wort on the Project cannot begin until the State Water Board has reviewed the CEQA documentation submitEd by the Grantee and given environmental clearance. lf the work is conducted on hderal land, the Grantee must also comply with the National Environmental Policy Act (NEPA). Procaeding with work subject b CEOA and/or NEPA without enyironmental clearance by the State Water Board shall constihrte a breach of a material provision of this Agreement lf public ag€ncy approvals, en6tlements, or permib arc required, such approvals, entitlements or permits must be obtained and signed copies submiued to the Grant Manager before work begins. lf the Prcl'ect is canied out on lands not of,ned by the Grantee, the Grantee must ouain adequate rbhts of way br the us€firl lifu of he Project State Dbclosure Requircrnents - lnclude the following disclosure daternent in any document, writen report or brochure prepared ln whole or in pait pursuant to this Agreement 'Funding fDr this project has b6en provided in full or in part through an agreemcnt with the State WaEr Resources Control Board. The contents ot this documert do not necessarity reflect the views and policies of the StaE Water Resoutces Contsol Board, nor does mention of tsade names or commercial producG constitute endorsement or recoflimendabon for use.' S(rnage shan be posted in a prominent location at Project site (if applirxble) or at the Grar ee's headquarters and shall include the State Water Board color logo (available ftom the Program Analyst): Water Boards and the Hlowing disclosure statement "Funding for this project has been provided in full or ln part through an agreement with the State Water Resources Contrd Board.' The Grantee shall also include in each of its contracls for work under this Agre€ment a provision that incorporates the requirements stated within ltem 5 of this exhibit Gateway Water Management Authority State water Board Grant Agreement No. l4-443-59) Page 5 of 20 PROJECT-SPECIFIC REOUIREMENTS 1. Proiect Managemenl 1.1 Provide alltechnical and administrative seMces as needed lor Agreement comdetion; monitor, supEMse, and review all work pertomed; and coordinate budgeting ard scheduling to ensure the Agreement is mmpleted within budget, on schedule, and in accordance with approved procedures, applicable lalys, and regulations. 1.2 Notity the Granl Manager at least fifteen (15) working days in advance of upcoming meelings, workshops, and minings. 1-3 Condud pra, during, and post-construction photo monitoring and submit to the Grant Manager. 1.4 Condud periodic and final she visits with the Grant Manager. 2. Planning, Design, and Engineering 2.1 Complete the preliminary design plans and specifications and submit to the Grar Manager tor rwiew and approval. The design dans w l include a minimum of : twenty-two (22) treo box fihe6; twenty (20) bloretention tree wells; and one thousard, two hundred (1200) linear leet ot bioswale at muhiple shes along the Los Angeles Rlver, San Gabriel Ri\rer, and Los Cenitos Chann€l and their lributaries. 2.2 Compbte the final design plans and speifications and prepare a summary idenlityirE any changes from the profiminary design plans in ltem 2.1. Submit the plans and summary of changG to the Grar Managor br review ard approval prior to preparing tid doorments in item 2.3. 2.3 Comdet€ the bij documents ard advenise the Projea for bil. Submit the awatH bid doclments to the Grant Menager in an electronic tormat. 3. Construction and lmdomenhtion 3.1 Award the construclion contract ard submit the Notice to Proceed to the Grant Manager in an elegtronic formal. 3.2 Complete construction activities in rccordance with approved final design plans and specifications. 3.3 Submit as-buih drawings to the Grant Manager in an elecfonic tormal. 3.4 Prepare and submit an Operations and Mainlenance Plan to the Grar Manager for review and approval. 4. Moniloring and Perlormance 4.1 Monitor in accordance with the approved MP. 1.2 Analfze monitoring results, document imdementation of monitoring in accordancs with the MP, and include a summary report of the monitoring resulls in the associated quarterly progress reporl. A summary of all monitoring resulls shall be included in the Final Poiect Report. 5. Education and Outreach 5.1 Creale a prcs release that inbrms the public ol basb stormu,eter issues and notifies them ol local community events. Send the press release to a minimum of six (6) to local media outl€ts and submil a copy ol lhe pIess release to the Granl tvlanager. 5.? 5.3 5.5 Gateway Water Managemem Authorlty State water Board Grant Agreemenl No. 14{43-550 Page 6 ot 20 Conducl a minimum ol one (1) crmmunity evenl annually in each ol the LG Angslss River, Los C€nitos Channel, and Lower San Gabriel River waErsheds, lor a total ol at least thrBs (3) 6/ents to educate the community about stormwater pollution sourcos and prevention. Submil the community event matsrials to the Granl Manager. Conduct an inlormal survey at each event in ltem 5.2 to assoss the irlcrBase in stormwater awareness. Submil educational malerials and sun ay results for eadr event to the Grant Manager. Develop and distrihjte outreach materials Elated to metals pollution in stormwater, to local schools in each watershed. Submit lhe outreach materials to the Grant Manag€r. CoordirEte with local schools to anend the approprhts community events idenlifiBd in hem 5.2 and submit stdent attendanca intormation to the Grant Managpr. Gateuay Water lranagement AJthority State Water Board Gram Agreoment No. 14-443-59) PageT otm TABLE OF ITEMS FOR REVIEW ITEM DESCRIPTION CRITICAL OUE DATE ESTIMATED DUE DATE EXHIBIT A - SCOPE OF WOHK -WOHK TO BE PERFORMED BY THE GRANTEE A.PLANS AND GENERAL COMPLIANCE REOUIREMENTS 't.GPS irformation tor Proiect site and monitoring locations Day 90 2.Monitoring and Reporting Plan 2.1 Proiect Assessmeri and Evalualion Plan (PAEP)Day 90 2.2 Monitoring Plan (MP)Day 90 2.3 Ouality Assurance Projecl Plan (OAPP)Day 90 2.4 Proof of Waler Ouality Oata Sub.nission to CEDEN Belors Final lnvoice 3.Copy of Final CEOI,/NEPA Documentation Day 30 4.Public Agency Approvals, Entillements, or Permils As Needed B.PROJECT-SPECIFIC REOUIREMENTS 1.Project Management 1.2 Notification of Upcoming MeetirEs, Workshops, and Trainings Ongoing 1.3 Pre, During, and Post-Construclion Photos Ongoing 1.4 Periodic and Final Site Visits Ongoing 2.Planning, Design, and Engine€ring 2.1 Preliminary Design Plans and Specifications December 2014 2.2 Final Plans and Spocifications and Summary ol Changes February 2015 2..,Awarded Bid Documents March 2015 3.Construction and lmplemer ation 3.1 Notice to Proceed March 31, 2015 3.3 As-Built Drawings September 2016 3.4 Operations and Maintenance Phn October 2016 5.Education and Outreach 5.1 Copy oJ Press Release Ongoing 5.?Community Event Materials November 2016 5.3 Surv€y Resutts November 2016 5.4 School Outreach Materials December 2016 5.5 Attendance lnformation Oecember 2016 Gateway Watar Management Authority State Water Board Grant Agreemor No. 14-44&,550 Page I ol 20 ITEM DESCRIPTION CRITICAL DUE DATE ESTIMATED OUE DATE EXHIBIT B - INVOICING, EUDGET DETAIL, AND REPORTING PROVISIONS A-rNvorcrNG Ouarledy G.REPORTS 1.Progress Reports within lorty-five (45) days tollowing the end ol the calendar quarter (March, June, Segernber, and December) Ouartedy 2.Annual Progress Summaries Annually by 9/30 3.Natural Resource Proiects lnwntory (NRPI) Survey Form (tl aFlbaue) B€lore Final lnvoice 4.Dratt Final Project Beporl January 31, 2017 5.Final Poject Report F$ruary?€,2017 6.Final Proiect Summary B€tore Final lnvoice 7.Final Pojecl lnspeclion and CertifEatbn Before Final lr ohe Gateway Water ManagemEnl Authority State Water Board Grar Agreemeri No. 14-443-550 Pago 9 of 20 EXHIBIT B INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS INVOICING 1. lnvo :es shall be submitted using the invo'E€ template provided by the State Water Board. Th€ invoics musl be itemized based on the line items sp€cifi€d ln the Budget. The orilinal invobe shall be submined to the State Water Board's Graflt Manager on a quanerry basb consistent with fie reporlirE schedule in Seclion G.l of lhis exhibit. The addrGs for submittal is: Spencer Joplin, Grant Manager State Water Resources Contrcl Board 1OO1 I Street, 16h Floor Sacramenb, CA 95814 2. lnvcices submitted in any other format than lh€ one pro/ided by the State Water Board will cause an invoice to be disputed. ln the event of an invoic€ dispute, thg State Water Boad's Grant Manager will noffy the Grantee by initiating an 'lnvoice Disputg Nodficadon" form. Payrnent will Bol be made urfil the dispute is rEsolv€d and a conected invoice submitted. Failure lo use the address exactly as provided abovg may result in retum of the invoice to the Grants€. Payment shall be deemed complele upon deposit ol the paymenL properly addressed, postage prepaid, in the United States mail. The State Water Board Grant Manager has the responsibility for approving invoices. 3. Supporting documentation (e.9., recsipB) must be submitted with eacfi in\roice to request ]eimbursement for grarn funds as u,ell as lo supporl Match Funds involc€d. The amount claimed ior the Personnd Services line item and Professional and ConsultEnt SeMces line hem must indude a calcuhtion lormula (i.e., hou6 or days worked times ttle hourly or daily rate = total amount c{aimed). lnvo'rcs payment shall be made only after r€ceipt of a complete, adequalely supported, property d(nJmented and accural€ly drBssed invoice. 4. Tha Grantee shall not requGt disbursement lor any cost until such cost has been incuned and has been paid by or's due and palabl€ by the Grantee. Although it is agrsed that actual pafrem of srch cost by the Grantee is not Gquired as a condfion of the granl dishJrsement, all grar disbursements received by the Grar eo shall be paid to contractoE ard veffbrs within thirty (30) da),s from rgcepl ol the tunds. ln the event thal the Grantee farls to disburse granl funds b conuactors or vendoB within thirty (30) days from receipt of the funds, the Grantee shall imm€dhtEly retum such funds to tl1e State Water Board. lnterest shall accrue on such funds lrdn the date of dl8bursement through the date of mai[ng ot funds to the State Water Board. ll the Granlee held such funds in interest-lcearing accounts, any intelest eamed on the funds shall aho be due to the State Water Board. 5. Notwithstanding any other provision ol this Agre€ment, no disbursement shal be required at any time or in any manner which is in violation of, or in conflict with, lederal or state laws, rules, or regulations, or which may require any rebates to the Federal Ciovemment, or any lo6s ol tax-lree statJs on stats bonds, puEuant to any Federal staMe or regulation. 6. Notwittlstanding any other provision of this Agreoment, he Grantee agre€s that the State Water Boad may retain an amounl equal to ten peroenl (1ory") ol the grent amount specified in this Agr€ment until complEtion ol the Proiect to the reasonable sathfactlon ol the Slate Water Boad. Any r&ined amounts due to the Grantee will be prompdy disbursed to the GraBtee, witrlout interest, upon completion of the Proiecl. 7. The invoice shall contain the followirp informaion: a. The date ot the invcicei b. The time period covored by the invoicp, i.e., the tetm 'trom" and 1o"; c. The total amount due: and Gateway Water Management Authority State Water Board Grant Agre€ment No. 144.{{i-550 Pee 10 ol 20 d. Original signature and dale (in ink) ol Grantoe or'rts authorized represenadve. e. Final invoice shall be deafly marked "FINAL INVOICE" and submittEd NO LATER THAN APHIL 3(), 2017. B. PROHIBITION OF INDIFECTCOSTS The grant lunds tor this Agreement are the procaods trom the sale of general ouigation bonds. As such, grant funds may not be ussd tor any indirect costs. "lndirecl Costrs' means those clsts ttlat are incurred lor a common or ioint purpose benefilirq more than one cost obiective and are not readily assignable to the Proi€ct (i.e., costs that are not direcfly related to the Projecl). Examples of lndirect Costs include, but are not limited to: central service costs; general administration ol th€ Grantee; non-proiecl-specifE accourtirE and personnel s€rvices performed wilhin the Grantee organizationi @rBciation or use allowarres on buildings and eqt,ipment; the cosls ol operaling and maintalnlng nontrroiect-specific trcilities; tuition and contererre tees; and, generic overhead or markup. Any invohe sutrnited irrludlng lndirEct Costs wlll cause that invoi:e, in its entirety, to be disputed and will not be paid until the distrJte is resolved. This prohibition amlies to the Grantee and any subcontract or sub-agreEment lor wort on the Project thal wlll be reimburs€d with grant furds pursuar lo this Agreement. (Gov. Code, S 16727.) C. BUOGET COI.ITINGENCY CLAUSE The mo(imum amount to be encumbered under this Agreement for the 2014-15 fiscal y€at ending June 30, 2015 shal| not exceed ONE MILLION, SEVENW.THREE THOUSAND, EIGHT HUNDRED Tl /ENTY DOLLARS ($1,073,820). lf the BudgEt Aci o, th6 qJnent )ear andor any subsequerfi y€ars co\rer€d under this Ag]e€ment does nol appropriate sufficisnt funG tor the program, this Agreemeri shal bo of no torce and e fect This provision shal be constsued as a condilion precedent to the ouigation of the State Water Board to make any payments under this Agreement. ln this e\ren! the State stsll hane no liability to pay any funds whatsoe\rer to Grantee or to fumish any olher consirlerdions under his Agresment and Grantee shall rEt be obligated to perform any provisions of thb Agreement, Nothing in this Agreem€nt shall b6 construed to pro\rido lhe Grantoo with a right of pr'rority tor payment over any other Grante€. lf this Agreemenfs funding for any fiscal ytsar is r€ducsd or deleted by the Budget Act, by Executive Order, or by order of th6 Oepsrtmont of Finance, tfie State shall have the odion to either cancel this Aoreement with no liabltrty ocqJring to the State, or olfer an Agreement amendmer to the Grantee lo ref,oct the raduced amount. D. LINE ITEM BUDGET Direct Proiect Administsation CosB Planning/D€sigrVEngineeri ngy'Envi ronmental Equipment ($5,m0 or more per'rtem) Constructlorvlm dementatlo n Monilori r€/Perf ormance Education/OJtreach TOTAL PROP84 MATCH TOTAL $ 0 $35,s80 $ 3s,980 $ 0 $78,500 $ 78,500 $0$0$0 $1,073,820 $ 75,135 $1,148,955 $ 0 $69,700 $ 69,700 $ 0 $10,905 $ 10,905 S1 ,073,820 $270,220 $1 ,3,14,040 Gateway Water Management Authority State Water Board Grant Agreement No. 14-1143-550 Page11of20 E. BUDGET LINE ITEM FLEXIBILIW 1. Line ltem Adiustmen(s). Subiect to the prior review and approval ot the Glant Manager, adjustments between existing line item(s) may be used to delray allowable direcl costs up to fifteen percent (157d of the total granl amount (excluding Match Funds), including any amendm6nt(s) th€reto. Lin€ item adjustmenls in exc6s ot ,ifteen prcent (157o) shall require a tormal Agreemert amendmenl. lf the Une llem Budget includG an amount for Personnol Services, that amount is based on the hours, classifications, and rates submittd by the Grantee in its appfication. Any changes to the hours, classifications, and rates must be appovsd, in advance and in writing, by the Grant Manager. 2. Prrcedure to Requost an Adjustment. Grantee may submit a requGl tor an adiustment in writing to th€ State Water Board. Such adiustnent may nol irrcrease or decrease the lotal grant amount allocated per fiscal year. The Grantee sha[ submit a copy of the original Agrgoment Budget sheel rellecting the requssted charE€s. Changes shal be noted by sfikjrE the original amount(s) followed with revised change(s) in bold and underlined. Budg€t adiustmsnts deleting a budget line itern or adding a new budg€t line item reguires a formal amerl(lment and ar€ not p€rmissibl€ under this provision. The Slate Wder Board may abo propose diustmenE to thg budg€t. 3. Remaining Balance. h the went the Granlee do€s not submit invobes requEsting all of the funds encumbered urder thb Grant Agreement, any rEmaining funds roverl to the State. The State Water Board wil mail a Notic€ ot Proiect Completion lotter to the Grantes stating hal the project file is closed, lhe final invoi:e is being processed fDr paym€nl, and any remaining balance wfll be disencumb€rod and unava able for further use under th€ Grart Agreement. F. MATCH FUNDS 1. The Grant€e agr€es to pmvij€ malch funds in the amourn ol Two HUNDREo SEVENW THOUSAND, TWO HUNDRED TWENTY DOLLARS (i270,2201(Match Funds) tor this Proi*L Thh Maich Funds amount is based on Une llem Budget categories, funding sources, and amounts submitEd by the Grantee in its application and during $e negotidion of ttb Agreoment. Any Match Funds line item changB or adiustments in Match Funds classificatrons or souroes requestd by Grantee must be approvd, in adyance and in writing, by the Grar Manag6r. 2. lf, upon completion of the Proiect, the Grant€e has provid€d maldl funds in an amount that is less than the Matcfi Funds amount set torth in paragraph F.l abov6, then the Stale WaEr Boad may proportiondety reduce ttle grant amount and/or Grante€'s Malcfi Furds amourt, provided the reduced amount(s) satrsfy staMory requirements and Slate WalEr Board Gukblines. G. REPORTS 1. PROGRESS REPORT. Grantee shall submit quarterly progrcss reports to the State Water Board's Grant Manager within lorty-five (45) days following the erd of the calendar quarter (March, June, S€ptember, and Decembe4. a The progress reports shall provide a briol dsscription of the work performed, accomdishments during the quarter, milestones achieved, monitoring rssults (if applicable), and any problems encountered in the performance of the u,ork under this Agrsomsnt. Grar e€ shalldodJment allcontractor activities ard expenditures in progress reports. b. The invoice should accompany the progress reporl. The invoice shouts reflect chargEs tor the work completed during the reporting period covered by progress report. The invoic€ cannot be paid prior to submission of a progrsss report coverlng the invoice reportirE period. 2. ANNUAL PROGBESS SUMMARIES. Preparo and provide an Annual Progress Summary annually by September 30. The summary must be no more than two (2) pages, and shall include pictures as appropriate. upload an electronic copy ol lhe Annual Progr6s summary in pd, format to the FAAST system. The summary shall includ€ the following: H, Gateway Water Management Authority State Waler Board Grant Agreemsnt No. 14-+13-550 Page 12 of 20 a. A summary of the conditions the Project is meant to alleviate, the Projecl's otieclive, the scope ol he Project, and a d€scription of the approach used to achievE the Projects objeclive. b. A sJmmary ol the progr€ss made to date, significant milstonos ehieved, ard tho c1lnenl s.fiedule ol compleling lhe Prol€cl. c. An evaluation of ttle eftecliveness o, ths Proiect to date in pr€veniing or reducirE Pollution and elleviating the Proiecl's orilinal conditions. 3. NATURAL RESOURCE PROTECTS INVENTORY (NRPD SUBVEY FORM. lt avarlable d the completion ol this Project, the Grantee shall comdete and submit electronically a NRPI Proiecl Survey Form found at htb/,l,ww.ice.ucdavis.edu/nn{. 4. DRAFT FINAL PROJECT REPORT. Preparc and subm'rt to the Grant Managpr, for rBvief,, and comm€nl, a Dratt Final Poject Rsport in a lormat provired by lh€ Grant Manager 5. FINAL PROJECT REPORT. Prepare a Final Poecl Reporl lhat addressG, lo th6 extent teasible, comments mde by the Gra Manager on the Draft Final Proied Boport Submit one (1) Eproduciblo master and an electronic copy ot he final. Upload an elsctronic copy ot the final report in pdf format lo the FMST system. 6. FIML PROJECT SUMMARY. PreparB a brhf summary ol the irformdon contain€d in the Final Pmiecl Report, includirE b€lore and afEr pictur6, as appropriate. Udoad an dec&onb copy ot the Final Prolect Summary in pdf format to the FMST system. 7. FINAL PRq,ECT INSPECTION AND CERTIFICATION. Upon comdBflrn of ttr€ Proiecl th€ Gramee shal provire tor a final insp€clion and shall certify thal the Project h6 be€n comdoted in accordanco with thb Agre€monl, any final plans and specifications submitted lo the Stam Waler Boad, and any amendments or modificatiorE th€reto. It the Proisl involved the danning, investigaflon, evaluadon, desi{Jn, or other work requiring ir erprstalion and proper application ot ongineering, or olher professionals, th€ final insp*{ion and csrlificdion shall be conduct€d by a Calitomia RegFbr€d CMI Engineer or other appropriate Calilomia rEgislored proressional. The resu[s of the final insp€ction and certification shall be proviled to the Grafll Manager. 8. The Grantee agre€s to e)p€ditlously fovije, during work on the Proist and throughout the t€rm ot this Agreemern, such reports, data, information, and ceffications thd may be rsasonaHy required by thE State Waler Board. PAYMENT OF PROJECT COSTS The Grante€ agrges thal it will provide lor paymenl o, its fun share ol Pmiect cosE ard thal all costs conn€cled wilh the Projed wln be paid by the Granlee on a timely basis. AUOIT DISALLOWANCES The Grantee agrs6 it shall refum any audit disanowances to the State Wals Board. FMUD AND MISUSE OF PUBLIC FUNOS All invcicG submitl€d shall be accurate and sgned under penalty ol periury. Any and all cosE submined pursuant to this Agreement shall only b€ for the tasks set forth herein. The Grantee shafl not submit any invoic€ containing costs that are ineli{rble or have bson relmburs€d trom olher funding sources unlgss reqJired and speciffcally noted as such (i.e., match costs). Any eliglble ccts for wh'rch the Grantee is seeking reimbursement shall not be reimbursed lrom any other source. Oouble or mulliple bi[irE for time, s€7vices, or any other eligible cost is ill€gal and constiMes traud. Any suspect€d occunBnces of fraud, torgery, embezztement, theft, or any other misuse of public funds may resull in suspersion ol disbursements of grant funds and/or terminafion of this Agreement requlring tfie repaymern ot all funds dsbursod hereunder. Additionally, th€ Deputy Director ol the Division ot Financlal Assislanco may roquGt an audit pursuanl to Exhibit C, paragraph 4 and refsr th6 maner to ihe Attomey General's Otfice or the appropriate district attomeys ottice tor criminal posocution or the imposidon ol civil ltability. (Giv. HE, SS 1572-1573; Pen. Code, SS 470, /189490.) 1. Gateway Waler Management Authority State waler Board Grant Agre€ment No. 14-t143-550 Page 13 ol 20 EXHIBIT C GENEFAL TEBMS & CONDITIONS AMENDMENT: No amendment or varhtion of the terms ol this Agreement shall be valid unless made in writing, soned by the parties and approrred as required. No oral understanding or agreement not incorpoElted in the Agreement is tinding on any ol the parties. APPROVAL: The Grariee will not proceed wilh any work on the Proiect until aulhorized in witing by the State Water Board. ASSIGNMENT: This grant is not assbnable by the Grantee, either in whole or in part, without the wrinen consent of the State Water Board. AUDIT: Th€ Grar ee agrees the State Watsr Boad, the Bureau ot State Audhts, lhe C€vemor of th€ S-tate, the lntemal Revenue Service, or any authorized repres€ntative ot the toregoirE shall havo the right to review and to copy any records and supporting doarmentation pertalning to the perlormanca of this Agreement. The Division of Financial Assistarce (DMsion), at its option, may call lor an audit ot financial inrormation relalive to the Project, whers the Deputy Director ot the Division determines hat an audit is desiraue to assure program integrity or where such an audit becomE necessary because of federal requirsments. Where such an audit is called tor, the audit shall be perlormed by a certified publ'rc accountant independent ol the Granlee and at the cost of thg Grantee. The audit sha[ be in the torm required by lhe Division. The Grantes agroos to maintain such records for a possible audit tor a minimum of thlrty-flve (35) years atter final payment, unless a long€r period of records retenlion is stipulated. The Grantee agrses to allow tho audilo(s) access to such records during normal business hours and to allow inta riews ot any emdoyees who might reasonably have ir ormaton related to such records. FurthEr, the Grantee agrees to irElude a similar right ot the Slde to audit records and interview staft in any contract relded to p€rtormance ot this AgEement. (Crov. Code, $ 8316.7; Pub. Contracl Cod€, S 101 1 5 et seq.) BONDING: Where mntractoIs are used, the Grar ee shall not authorize construction to begin unt'l each contrctor has fumbhed a performance bond in favor ot the Grantee in he tollowing amounts: taithtul perlormance (1m%) of contract value; labor ard materials (1007d of contract value. This requirBmenl shall not apply to any contEct for less than $25,000.00. (Civ. Code, S 9450; Pub. Contract Code, S 7103.) COMPLIANCE WITH LAW, HEGULATIONS, ETC.: Th€ Grantee agrees that it will, at all lim€s, comdy with and r€quire its contractors and subcortractors to comply with a[ applicable federal and statB laws, rules, guidelines, regulations, and requirements. Withou llmitation of the foregoing, the Grantee agrees that, to the extent appficabl€, the Grantee will comply with the provisions of the adofled environmental mitigation dan for the term of this Agreement, or the useful lifE of the Prolect, whicflever is longer. COMPUTER SOFTWARE: The Grantee c€rtifiss that il has appopride systems and conlrols in place to ensure that stat€ funds will not be used in the performanca ot this Agreement lor the acqubition, operatbn or maintenance of computer soltware in vbldion of copyright larvs. CONFLICT OF INTEREST: Ttle Grantee certifi€s thal I is in compliance with applicable state and/or lederal connid of interest laws. CONTINUOUS USE OF PHOJECT: LEASE OR DISPOSAL OF PROJECT: The Grantree agrees that, except as pro\rided in the Agreemenl, it win not abandon, substantially discontinue use of, lease, or dispose of the Proiect or any signlficant part or portion thereof during the useful life of the Projecl withoul prior written approval ol the Deputy Oirector of the Division. Such approval may be conditioned as determined to be appropriate by the D€puty Direclor of the Division, including a condition requiring repaymenl ot all granl funds or any portion ol all remaining grant funds coverod by this Agreement together with accru€d interest and any penalty assessments Bhich may be due. 10. DAMAGES FOB EREACH AFFECTING TAX EXEMFr STATUS: ln the event that any beeh ot any of the provisions of this Agreemont by the Grantee shall resull in th€ loss of tax exemp( status tor any stale bonds, or if such breach shall r6utt in an obligation on the part ol the State lo reimburse the tederal government by 7. Gateway Water Manaoement Authority state water Board Grant Asreemenl NE#iiT;3 rea;on of any arbitrage profiE, the Granlee shall imm€dhtely roimburse the Slate in an amourt equal to any damages paid by or loss incurred by the State due to such breach. 1 1 . DATA MANAGEMENT: This Proiect includes appropriate data management aclivities so that Proiect daE can be incorporal€d into appropriate statEwlje data syslgms. 12. DISPUTES: The Grantee shall continue with its responsibilites under this Agreement during any dispute. Any dispute arising under this Agreement which is not othsrwise disposed of by agreement shal be deckld by th€ Deputy Director ol lhe DMsion, or his or her authorized representati\re. The decision shall be reduc€d lo Miting and a copy theEof fumished to the Granee and to the State Water Board's Executive Director. The decision ot the Division shall be final and conclusive unless, wilhin thirty (30) calendar da!,s after mailing of the Div'rsion decision to the Grantee, the Grantee mails or otherwise lumishes a wlitEn appeal of the decision to the State Water Board's Executive Direclor. The decision of lhe State Water Board's Executive Director shall be final ard conclusivo unloss determingd by a courl of compotent jurisdiction to have been haudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be aftoded an opportunity to be heard and to otler evidence in support of i{s app€al. Pending final decision of a dispute hereunder, the Grantee shall continue to futfill and comply with all the lerms, Fovisions, commitrnents, and requirBments ot this Agreemeflt. This clause does not prBclude consideration of legal questions, provided that nothing herein shall be construed to make fina, the decision ol the State Wder Board, or any otficial or representative thereol, on any question o, law. 1 3. ENVIRONMENTAL CLEARANCE (CEQM.IEPAISTREAMBED ALTEMTION): a. No urork that b sutli€ct to the California Environmental Ouafrty Act (CEOA) or Nationai Environmental Policy Act (NEPA) may proceed urd€r this Agre€ment untl doflrments that satisfy the CEOIUNEPA process are received by the Gra Manager and the state water Board has given environmental clearance. No wort that is subiecl to an Environmentai lmpact Report or a MitigEled l,legafive Declaration may proceed until and unless approved by tfle Daputy DirBclor of the Divbion. Such approyal b fully discret'ronary and shall constitute a condition precedent to any work for whidr it b required. Proceeding with work subiect to CEQA andor NEPA without environmefital cbarancs by the State Water Board shall constitute a breach of a mderial provision ol this Agreemer . b. f this Pmieci includes modificaicn ol a river or stream channel, it must fully miligele envionmental impacB resulting hom th€ modification. The Grantee must provide documentation that the environmental impacB resulting trom such modification will be fully mitigated considedng all of ths impacE ot the modificafbn ard any mitbatron, environmental enhancernent, ard enyironmental benefit resuung from the Project and whether, on balance, any environmental enhan@ment or berEtt Equals or exceds ,rny rpgative environmental impacts of the Project. 14. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control ard accounting procedures vuill be sutlicient to permit tracing ot grart runds to a levgl ol expenditure adequate to establish that such funds ha\r6 not been used in violatron of state law orthis Agreement. The Granlee further agr€es thal it will maintain separate Proiect accounts in accodance with generally accepted accounting pdncides. 15. GOVERNING LAw: This grant is govemed by and shall be intErprEted in accordance with the laws ol the State of Catrfornia. 16. GMNTEE'S HESPONSIBIUTY FOR WOBK: The Grantae shall b€ responsible for all work and for persons or entities engaged in work perform€d puEuanl to this Aoroement, including, but not limited to, contrrctors, subcontractors, suppliers, and providers of s€rvices. The Grantee shall be responsble lor any and all dispdes adsirE out o, its cortracts for work on fie Projecl, including but not limit€d to paymenl dispulG with contraciors and subcortacbrs. The Stale will rxrt modiate disputB between the Grantee and any other entity conceming responsibility lor pertormance of work. 17. INCOME RESTRICTIONS: The Grantee agrees that any refur6s, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under thls Agreement shall be paid by Gateuvay Water Management Authority Slate Water Board Grant Agreement No. 14-443-550 Page 15 ot 20 the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has b€€n reimbursed by the State under this Agreemenl. 18. INDEPENDENT ACTOR: The Grantee, and iB agents and emplo]r€es, if any, in the performance of this Agr€emenl, shall &1in an independert capacity ard not as otfcers, employees or agpnts of the State Water Board. 19. INSPECTION: The Stale Water Board, the Bureau ol State Audits, or arry authorizsd regesentative of the lorogoing, shall have sJitable acc6s to the Proiect sito at all reasonable times during Proiect imdementation and theredter lor the t6eful trte o, the ProiEct to ascortain complianco with this Agreement and hts goals. The Grantee acknowledges thal the Project records and location are public records. 20. INSURANCE: Throughout ttle useful lffe ol the Projecl, the Granlee shall provije and maintain insurance against fire, vandalism and other loss, damagp, or destruction of lhe facilities or structures constructed pursuant to this Agreement, if any. This insurance shal be issued by a company or companies admitled to transacl busin€ss in the State ot California The insurance policy shall contain an endoGement speciMng that the po[cy will not be canceled or reduced in coverage yvithod thirty (30) days prior written noticE to thg state weter Board. ln the event of any damage lo or destruciion ot the Proiect or any larger system ol which it is a part, the net proceeds of insurance shall be apdiEd to the reconstruction, repair or replacement of the damaged or destsoyed parts of the Proiect or its larg€r systsm. The Grantee shall begin such reconstruction, repalr, or replacemert as expeditiously as possible and shall pay out ot such net proceeds all costs and exp€nses in connoction wlth such reconstruc{on, ropalr or rsplacement so thai the same shall be complet€d and the larg€r system shall be free of all claims and liens. 21. NONDISCRIMINATION: a. During the perlormarEe of thb Agroement, lho Grante€ and its consultaflts and contractors shall not unlawfully discdminate, harass, or allow harassment against any employee or apdiEnt for gmployrnent b€cause of sex, race, color, ancestry, r€l'Eious crc€d, nalbnal origin, sexual orientation, physical disability (including HIV and AIDS), mental dbability, medical condition (cancer), age (over lo), marital status, and d€nhl ol lamily care leave. b. The Grafltee, its consultants, and contraclors shallensure that the evaluation ard treatnent of th€ir employees and applioanB for emdoyment are f€e trom such discrimindion and harassment. c. The Grante€, its consultants, and contractors shall comdy with the provisions of the Fair Emplofn€nt and Housing Act (Gov. Code, S 12990) and the applicable regulations promubated ther€under (Cal. Code Begs., th. 2, S 7285 et seq.). The applicable regulations ot the Fair Emdoyment and Housing Commission imBementing Govemment Code section 12990, set forth in Chapter 5 ot Division 4 ol Title 2 of the Califomia Code ot Regulations, are incorporatd into this Agre€ment by relerence and made a part hereol as if set forth in full. d. Ths Grantee, its consultants, and contraclors shall give written notice of thek obligalions under this clause to labor organizations with which ttEy have a collectiye bargainirE or other Agreement, il any. e. The Grantee shatr include th€ nondscrimination and compliance provisions ol this claus€ in all subcor racts to perform tiork under the Agreement. Failure by the Grantee to carry out fiese r€quiremBnls and applkEble requirsmenB of 40 C.F.R. parf 33 is a breeh ol a material provision ol thb Agr€ement whbh may result in ib termination. 22. NO THIRO PARTY RIGHTS: The parties to this granl Agreemont do not create rights in, or grant remedies to, any third party as a b€neficiary ol this granl Agre€mer , or of any duty, co\renant, obligation or undertaking established h€rein. Gateway Waler Management Auhority State Water Board Grant Agreement No. 14-44&550 Page 16 ol 20 23. NOTTCE: a. The Granlee shall notify the State Water Board prior to conducting constuction, monitoring, demonstration, or other implementration etivities such that State Waler Board and/or Regional Water Board statt may observe and document such activities. b. Th€ Grantee shafl prompfiy notity the Stde Water Board of e\rents or proposed changes that could dfect lhe scop6, budget, or work performed urder this Agreement The Grantee agrees thal no sub$artial change in the scope ol the Project will be undertaken until written notice of lhe proposed ciange has been provided to the Slate Wder Board, and the State Water Board has given writtEn aproval tor such change. c. Discovery of any potential archeological or hislorixl resource. Should a potenlial archeological or historical resource be discoversd during imdementalion of thE Pmiect, the Grantee agrees that all work in the area ot the find will ceaso until a qualffied archeologist has evaluated the situatlon and made recommendations r€garding proservaton of the resource, and the Depuly Director of the Division has determined what actions should be taken to prolect and preserve the resource. The Grar ee agrees to implemert approFnate aclions as direclEd by lh€ DMsion. d. Disco\rery ol any unexpected endangered or threat€ned sp€ci6, as defined in the federal or Califomia Endangered Species Acls. Should a tederal or state protectod species be unexp€ctedly encourtered during implementation ol the Proiect, the Grantee agrees to promptly notity the Deputy oirector ot lhe Division. This notificaton is in addition to the Grartee's obligdions under the federal or state Endanger€d Species Acts. €. The Grantee shall notify the Stde Water Board al lea$ En (10) working days ptior to arry public or modia event publicizing the accomplishments and/or results o, this Agreemeril and provid€ the opportunity lor attendance and participa$on by State WaEr Board's representdives. l. The Grar ee shall pompty notity the State Water Board in writing of comdetion ol work on the Proi€ct. g. The GranEe shall prompty notity the Slde Water Board in vyritirE ol any cessation ot all maior construction work on the Proiec-t where siJch cessdion ol work is epected to or does extend for a psriod of lhirty (30) days or more and of any ciroJmstance, combination of circurTrslances, or conditon, which is expected to or does delay comdetion of construclion lor a period of ninety (90) days or more beyond ths estimated date of comdetion of consfuction previously provided. 24. OPERATIONS & MAINTENANCE: Th€ Grantee shall maifitain and operaE the facility and struclures constn ct6d or improred as part of the Proiect throl8hout the useful lile ol the Proiect, consistent with the purposes tor whbh this Grant was made. Th€ Grantee assum€s all operations and ma,ntenance cosb o, the facllities and structures; the state water Boad shall not be liaHe tor any cost of such mar enance, management or operation. The Grantee may be excused lrom operations ard maintenance only upon tho wrinen approval ot the Deputy Director ot the Division. For purposes of thb Agreement, 'oporation costs' include direcl costs incuned lor malerial and labor need€d tor op€rations, utilit'res, insurance, and similar expensos. 'Maintenance costs'include ordinary repairs and rgplacements ofa recuring nature trecessary to prolorB the lite of capital asseB and basic structures, and the expeflditure ol funds necessary to replace or reconstn ct cadtal assets or basic srudures. 25. PERM|TS, CONTFACTING, AND DEBARMENT: The Grantee shall procure aI permits and lic€nses necgssary to *comdish the work contemplated in this Agreement, pay all chaEes and te€s, and give al notice|s necassary ard incidental to the due and lawful prosecution ol the work. Any contractors, outsije associates, or consunants requked by the Grantee in connection with the services covered by this Agre€ment shall be limitsd to such individuals or firms as w€re specifically identified ard agreed to during negotiatons tor this Agreemert, if any, or as are specifcally auihorized by the State Water Board's Grant Manager during the pertormance of this Agreemont. Any substitutions in, or addllions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. The Grante€ shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible lor participation in federal assistanc€ programs under Executive Order 12549, "D€barment and Gateway Waler Management Authority State Water Board Grant Agreemenl No. 14-443-550 Page 17 of 20 Suspension". The Grantee shall not contract with any individual or org.rnization on USEPAS Lbt of Vrolating Facilities. (40 CFR, Part 31.35; Gov. Code, S 4474 rwry.echo.epa.gov. The Grar[ee certifies to the be's1 o, its knowledge and belief, that it and iE principals: a. Are not pres€ntly debaned, suspendd, proposed for d€barmenl declared ineligible, or voluntarily excluded by any fgderal department, the Calilornia Departrnert of lndustrial Relations (DlR) or Grantee; b. Have not within a three (3)-ysar period preceding this Agreemenl boen convicted of or had a civil iudgment renderEd against them lor commission of fraud or a criminal offense in connection with obtaining, aflempting to obtain, or perrorming a public (tederal, state or local) transaction or conlract under a public transaclion; violalion of federal or statg arntitrust staMes or commission of emb€zzlement, thett, ,orgery, Mbery, talsification or dostruction of records, making ,abe statements, or receiving stolen properly; c. Are not presendy indicted for or other$se criminally or civilly drarged by a go\rernmental efltity (Heral, state or local) with ermmission ot any of the olfenses enumerded in paragEph (b) ot thb cartificalbn; ard, d. Ha\re not within a three (3)-)rear period preceding lhis applicatiotuFroposal had one or more public transactions (toderal, $ae or bcal) terminated lor cause or d€tault. 26. PREVAILING WAGES AND LABOH COMPLIANCE: tf applicable, lhe Grantee agrees to b€ bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subied to reimbursement trom this Agre€ment to assure thet the prevailing wage provisions ol the Labor Code are beirE met Th€ Grantee certfies $d it has a Labor Compliance Program (LCP) in place or has contracted with a third party thal has b€en approved by the Director ot DIR to operate an LCP. Cunent DIB requiromeds may be found at htb'//wuw.dir.ca-oo\r/lcp.aso. For more irformat'ron, please refer to DIR'S Public Works Manual al: htb/Aiww.dir.caoov/dlse/PwManualcomHned.odt. 27. PROFESSIONALS: Tho Grantee agrees thal only lic€nsod professionals will be used to psr{orm services under lhis Agreement wh€re sucfi servi:es arB called tor. All technilal reports required pursuanl to this Agreemer that involvo planning, investigaton, evaluatbn, or d€sigr\ or other work requirirE inteDretation ard pmper application of ongirEerirE or geologic sciences, shall be prepared by or under the direction of persons rogistered to practice in Califomia pursuant to Business ard Professions Code, sections 6735, 7835, and 7&|5.1. To demonstrate compliance with Califomia Cods ot Regulalions, title 16, sections 415 ard 3065, all technical reports must contain a stdement of the qualifications of the responsible regisiered protessbnal(s). As requir€d by hese larys, complet€d technbal reports must bear the signaturo(s) and seal(s) of the registeEd protessional(s) in a manner such that all work can be clearly attributed lo the Eofessional responsble for the work. 28. REGORDS: Without limitation o, the requirement to maintain Proiect accounts in accordancs with generally accepted accounting principlss, lhe Grarte€ agre€s to: a EstaHish an official file tor the Proiect s'hicfi shafl adequably d@lment all significant actions relative to the Proiect: b. Establish separale accounts which will adequately and acqJrately depicl all amounts rsceived and expended on this Project, induding all grant funds receir/€d under this Agreement; c. Establish separate accounts which will adequately depict all lncome received whlch is attrbutable to the Project, especially including any income attributable to g6nt lunds disbursed under this Agrgement: d. Establish an accountirE system which will ad€qualely depict final total costs of the Proiecl, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under lederal tax statutes or reguldions; and, Gateway Water Management Authority State Water Board Grar Asreement NB"llflr;i:3 l. ll a Force Account is used by the Grantee tor any phase of the Proiect, establish an account that documents allemployee hours, and associated tasks charged to the Project per emdoyee. 29. RELATED LITIGATION: Under no circumstances may a Grantee use ,unds from any disbu6ement under this Grant Agreement to pay costs associalEd with any litilation lhe Grantee pursues againsl the state water Board or any Regional water Board. Regardless ot the outcome of any such litigation, and notwithstanding any conflicting language in this Agreernent, lhe Grant€e agrees to comdete the Project furded by this Agroement or to repay all of the grant funds plus interest. 30. RIGHTS lN DATA: The Grantee agrees that all data, plans, drawings, specifications, tEports, compulEr programs, operating manuals, audio and video recordirEs, notes, and other written or graphic wod( produced in the pertormance otthis Agreement shall be in the puuic domain. The Grantee may disdose, dbseminate and use in whole or in part, any final ,orm data and intormation received, collected, and develop€d under this Agreement, subject to appropriate acknowledgenrent ol credil to the State Water Board lor financial support. The Grantee shall not ulilize the materials lor any profitfiaking venture or sell or granl rilhts to a third party who intends to do so. 31. STATE REVIEWS AND INDEMNIFICATION: The panios agre€ that review or apptoval ot Projecl applications, documents, permits, dans and specifications or other Pro.iect information by the State Water Board is lor administrative purposes only and doEs nol relieve the Grantee of its responsibility to prop€rly plan, design, crnstruct, operate, maintain, implem€nt, or othenyise carry oul the Proiec{. To the extent permitted by law, th€ Grantee agrees to indemnify, defend and hold harml€ss the State Water Board and the State aoainst any loss or liability arising out of any claim or action brought again$ the State Water Board .and/or the State from and against any and all losses, claims, damages, liabilities or expens€s, ol e\rery concetvable kind, character and nature whaisoet/er arisirE out of, resultirE from, or in any way connected with (1 ) th€ Project or fie conditions, occltp{rncy, use, possession, conduct or management ot, work done in or about, or the planning, design, acqubidon, installation or construction, of the Proied or any part lhereot; (2) the carryirE out of any of the ransaclions contemplated by this Agreement oI any related dcument; (3) any violation of any appli:aHe law, rule or regulalion, any 6nvironmenlal law (irEluding, without limitafon, the Federal Comprehensive Environmental Response, Compensirtion and Uatility Act, the Resourcg Conservation ard Recovery Acl, the Califomia Hazardous Substance Account Act, ihe Federal Water Pollrjtion Cornrol Acl, the Clean Air Act, the Calitomia Hazadous Waste Control Law and Calitomh Water Code, seclion 13304, and any successors to said layus), rule or regulation or the release ot any loxic subslance on or near the SlEtem; or, (4) any ungue statement or afl€ged untrue statement ol any material fact or omission or alleged omission to state a melerial lalct necessary to make the statemenls required to be stabd th€rein, in light of the circumstanc€s under rvhich they were made, not misleading with r6pect lo any intormation provided by the Grante€ for us€ in any disclosurE document utiszed in conneclion with any ot the transaclions contemplated by this Agreement. To lhe fullest extent permitted by hU the Grantes agrees to pay and discharge any judgment or alvard entered or made against lhe State Water Board and/or lh€ Slate with respeci to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term o, this Agreement. 32. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shafi not be used tor supplemental environmental projects required by Regional Water Boards. 33. STATE WATEB BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrg€s thal any remEdy provided in this Agreement's in addition to ard not in d€rogEtion ol any other legal or equitaHe remedy available to fie State Water Board as a result ot brerh of this Agreement by the Grantee, whether such breach occurs b€tore or dter completion of the Proiect, and exercbe of any remedy provkled by lhis Agreement by the State WaEr Boad shall not prelude the StalE Water Board trom pursuing any legal r6m6dy or right which would otherwise be available. ln the event of t'lbalion between lhe parties hereto arising from this Agreemert, it is agreed that each party shall bear its own filing costs and attomey lees. 34. TERMINATION, IMMEOIATE REPAWENT, INTEREST: This Grarn Agreement may be terminaled by wrinen notice at any time prior to comd€lion ot the Project, at the option ot the State Water Board, upon violation by the Grantee of any materia.l provision after such violation has been called to the att€ntion of the Grantee and after tailure of the Grantee to bring itsotf inlo comdiance with the provisions of this Agrsemont within a reasonable time as established by the State Water Board. ln the event of termination, the Grantee agrees, upon demand, to immediately repay to ihe State Watsr Eloard an amount equal to the amounl o, grant Gateway Water Managem€nt Authority Stat6 Water Board Grant Agreement No. 14-443-550 Page 19 of 20 funds disbursed to the Grantoe prior to such termination. ln he Event ot termination, interGt shall a@rue on all amounts due at lhe highest legal rate of interesl from the date that notic€ of lerminalion is mailed tdlrom the Grantee to the date of full repayment by the Grantee. 35. TIMELINESS: Time is of the essence in this Agreoment. The Grante,a shall proceed with and complete the Proiect in an expeditious manner. 36. TRAVEL ANO PER DIEM: Any r€imbursem€nt for noc6sary travol and per diem shall b€ at rates not to excsed those sel by the Califomia Departrnent of Human Resources. These rates may be found at httoy^M u..calhr.ca.oov/€molovees/Paoes/travel-reimbursements.asox. Reimbursement will be at the State tavel and per diem amounts thal are qJrrent as of he dale costs are incured by th€ Grantee. No travel outskje the State of Califomia shall be reimburs€d unless prior written authorization 'ls obtained trom the Grant Manager. 37. UNENFORCEABLE PROVISION: ln the event that any p,ovision ot this Agreement b unenforceable or held to b€ unenforceable, then the parties agre€ that all other provisions of this Agre€m€nt shall continue to have full torce and etlect and shall not b€ afrect€d thereby. 38. URBAN WATER MANAGEMENT: The Grantee csrufies that this Pmiecl complies wih lhe Urban Waler Management Planning Act (Water Cods, S 10610 et seq.). This shall constiMe a condition precedent to this Agreemem. 39. USEFUL LIFE OF PROJECT: For th€ purpos€ of this &reement, th€ useful lire of any consruct€d portions of this Project begins upon co.npldion ol construction and continu$ until fitty (50) yeaB fr€reatter for pipelinG and sruciurB and twenty (20) ),ears tor all else. 40. VENUE: The $ale Wder Board and th€ Granle€ hereby agrse thd any action arising out ot Uis Agr€ement shafl be filed and majntained in the Superior Court in ard for the County of Sacramento, Calitomia, or in the Uniled Stalss Distict Court in and tor the Eastem DisEkt ol Califomia Th€ Grantes hereby waives any existing sovereign immunity for the Brrpo6es ol this Agreomenl 41. WAIVER Al.lD RIGHTS OF THE STATE WATER BOARD: Any waiver of rights with rcpect to a default or other matter arbing under the Agreemgrf at any time by either party shall not b€ consijered a waiver of rights with respest to any other derautt or mdter. Any rights and remedi€s ot the State provid€d for in thb Agreemenl are in addition to any other rights and remedr€s provlded by law. 42. WATER CONSERVATION AND EFFICIENCY PROGRAMS: Th6 Grantee ad(nowl€dges that it has appopriate water conservation and effici€ncy programs in place, and that this provision constitles a condidon of he grant awad. A web link with examCes of water coftservation and etfidency programs is available at: The Grantee also agrees to comdy wih the State Water Board's Drought Emergency Water Conservat'or regulations in sections 8S-865 ol title 23 of the Califomia @e ol regulations. lf applicable, the Grantee agrees to include a discussion ot prograss and compliance in tts rBports submined pursuant to Exhibit B of this Agreement. €. WATER RIGHTS: The Grantee acknowledges lhat'rts eligiulity for this Grant award is conditioned on its comdiance with Water Code section 5103(e), il applicable. The Grantee turther certifies that it is not r€quired to file a Statement ol Divercbn and Use pursuant to WalEr Code section 5101. 44. WATERSHED MANAGEMENT PI-AN CONSISTENCY: The Grantee c€rtifies that any watershed proteclion activity undertaken as part ot th'6 Project will be consistenl wtth th€ applicable, adoptEd, local watershed managernent plans aM the applicable Water Ouality Control Plan (Basin Plan and/or Statewide) adopted by a Regional Water Board or the State Water Board, wh€ro such plans exist. Any such activity occuning in the San Gabriel and Los Angeles watersheds shall bo consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted by ths San Gabriel and Lourer Los Angel€s Rivers and Mountain Conservanry and the Santa Monica Mountains Conservancy. 45. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Eload may withhold all or any portion ot the grant funds provided for by this Agreement in the event that the Grantee has matedally violated, or threatens to materially violate, any term, provision, condrtion, or commitsnent of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. Galelvay Water Management Aulhority State Water Board Grant Agreemeflt No. 1rt-443-550 Page 20 of 20 EXHIBIT D SPECIAL CONDITIONS Proposition 84 StomMater Grant Program 1. The Grantee certifies thal il is a local BJblic agenry (i.e., one ol the following: a city, cotlnty, crty and county, disficL or a ioint powers authority compris€d entirEly ol local public agencies). 2. The Granteo cedifies thal this Proi€ci is intended to achieve one of the purposes sd forth in Public Resources Code section 75050.2(a). 3. The Grar ee certines that any real prop€rty or interests in real property acquked for this Project shall be acquired ,rom a willing s€ller. 4. The Grarlee certifios lhat it is providing a malch in the amourt ol al least 207. ol the total Prci€c't cost. 5. Th€ Grante€ cartifies that in m ovent will il comd€re this Pro.iecl later than MARCH 31, 20.l7. lt acknowl€dgEs that this condition'6 a material condilion of this Agreemenl. RECEIVED ocl 5 2016 CITY CTERl('S OFFICE RECEIVED ocT 2 i 20f CITY ADMINISTRAII()I.I DATE: TO: FROM: RE: Recommendation A. Find that because the proposed action will not result in direct or indirect physical changes in the environment, it does not constitute a "project" as defined by Califomia Environmental Quality Act ('CEQA') Guidelines Section 15378 and is therefore not subject to CEQA review. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a sigrrificant effect on the environment; and B. Authorize an $8,000 increase in cost for legal services provided by Richards, Watson & Gershon ('RWG") under their current Legal Services Agteement with the City of Vemon (copy attached) to continue representing the City, as needed to protect the City's interests, as a real party in interest in titigation challenging a Final Order of the State Water Board which approved the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175 ("Municipal NPDES Permit) as amended by Order WQ 2015-0075. Background ln Closed Session on July 21, 2015, the City Council authorized the City Administmtor to enter into a Legal Services Agreement with RWG to represent the City, as needed to protect the Ciry's interests, as a real party in interest in litigation likely to be brought by the environmental groups challenging a final order of the State Water Board. The Final Order approved the National Polluunt Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-017 5 as amended by Order WQ 2015-0075. RWG is STAFF REPORT @ ,s-2s-tg PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Consent November 1, 2016 Honorable Mayor and City Council Derek Wieske, Director of Public Works' Originator: Claudia Arellano, Stormwat Legal Services Agreement with regarding the Los Angeles Elimination System Permit Richards, Watson & Municipal National Gershon for Litigation Pollution Discharge representing l9 other cities on this matter. At that time, if the litigation proceeded as anticipated, then the initial cost to the City of Vemon to prepare an answer and further advise the City and its staff in connection with the lawsuit was anticipated to be in the range of $1,500-$2,000. If RWG's participation required more time, such that the costs to the City would exceed $2,000, staff indicated this item would retum to the City Council for additional authorization. As mentioned above, it was initially anticipated that litigation would be brought by the environmental groups. However, three writ of mandate petitions were filed in Los Angeles Superior Court challenging the 2012 LA County MS4 Permit. One petition was frled jointly by the Natural Resources Defense Council ("NRDC) and Los Angeles Waterkeeper ("LA Waterkeeper"). Two petitions were filed by municipal permittees----one jointly by the Cities of Duarte and Huntinglon Park, and the other by the City of Gardena. Both of the cases filed by cities have since been transfened to Orange County. Counsel for the Cities of Duarte, Huntington Park and Gardena each requested venue in Orange County, primarily because ofthe County's proximity to Los Angeles; the petitioners' counsel, and; the 84 municipal permittees that are all real parties in interest to the three separate cases. RWG's clients, including the City of Vernon, were supportive of this request, as Orange County has an established group ofjudges who hear complex civil cases and could accommodate a case such as this one. In addition, it is easier for counsel to travel to Orange County, thereby saving costs to RWG's client cities. The City of Gardena served the City of Vemon as a real party in interest in its lawsuit, although the complaint seeks no relief from the City of Vemon or any other permiftee that the City of Gardena named as a real party. The City of Vemon answered the City of Gardena's petition and appeared in the case for the purpose of monitoring the litigation and receiving notices and filings. However, the City of Vemon reserved its right to participate in the case if necessary. Currently pending before the court is a motion to compel discovery frled by the cities and a motion for judgment on the pleadings filed by the Attomey General. A trial date in the Gardena and Duarte cases has not yet been scheduled. It is possible, however, that the court will order the parties to participate in a comprehensive settlement conference before doing so. The City of Vernon, and 19 other cities represented by RWG, have intervened in the case filed by the NRDC and LA Waterkeeper. That case seeks to eliminate provisions of the MS4 Permit that deem permittees in compliance with certain numeric effluent limits and receiving water limits when implementing a Watershed Management Program, as Vemon has elected to do. By intervening in this case, the City of Vemon was permitted to file a brief to resist the NRDC's and LA Waterkeeper's claims. However, the City is not being exposed to any affrrmative liability as a result ofthe intervention. A final hearing for that case was scheduled for September 30,2016 but, the judge did not issue a decision, or even a tentative decision. The final hearing was continued to November 14, 2016 and that final decision could be pushed firther. In addition, a hearing is scheduled for October 14,2016 in the Duarte and Gardena challenges to the Stormwatff Permit. The hearing involves motions by the Cities of Gardena and Duarte to compel discovery on the Water Boards (likely for cost information). The hearing also involves the Attomey General's motion to dismiss some, but not all, of the cities' claims. The hearing was initially scheduled for September, but was delayed due to scheduling conflicts. The following events have caused the cost of these legal efforts to exceed the anticipated initial cost of $2,000: In July 2015, three cases were filed as opposed to the one anticipated case by Page 2 of 3 NRDC and LA Waterkeeper. Second, in addition to answering the NRDC's writ; RWG has also prepared and filed a responsive brief in the NRDC case; answered Gardena's writ petition; coordinated service ofprocess; reviewed the briefs in all three cases, and; participated in several hearings. Consequently, there has been additional work beyond answering the NRDC's wdt and monitoring the litigation. Third, there are three cases to follow that are being lifigated on separate tracks and in different courthouses. RWG initially anticipated that all three cases would be consolidated in one court in Los Angeles, but the Duarte and Gardena cases were allowed to be transferred to Orange County. Finally, RWG did not anticipate monitoring and participating in the Gardena and Duarte cases to the extent they have been. Gardena's decision to name and serve every city as a real party in interest forced the cities to play a more active role in that case. Fiscal Impact Staffrecommends that the City Council authorize an increase of $8,000 to the costs allowed under the curent Legal Services Agreement with RWG to have RWG continue to participate on this matter, on behalf of the City and continue advising the City. Including the $2,000 previously authorized, the total not to exceed zrmount authorized would be $10,000. Funds for the increase requested are available in the City Attomey's Department budget. Attachment(s) l) Legal Services Agreement dated July 10, 2015 Page 3 of3 t!t\I R|CHARDS IWATSON le rnsnoruLl(l otrornrrs ^, LAw -A pRorEssror{AL coRpoRA'ro, 355 Sogth G6nd Avrnu.,4oth Eoor, LosAr$l.s, Callfomi. 9oo7t.31olTGlaphon.213.626.8484 F.Giimth2t3.626,oo78 - ''*i,',.11.!lti July 10, 2015 *-J::'J:"] uA ELECTROT{IC mAtr & u. s. ilAtr (r922-roo7) .ffi.,-ffd MarkWhitworth .=.ilffiSffiT CiryAdministraror City of Vemon 4305 Sauta Fe Avenue Vcmon, Califomia 90058roa o, lJlttl! XICll^A. E'IIDA ::f."H:fi Re: Legel Services Agreement r Bao 3ur.tatt .. rEr5.,%:tffi DcarMr. Whitworth: r. a,arat ittctI'IECI A l('CA ffi5Tff Thank you for the opporEoity 0o provide legar servic€s to the city of vernon. EI A OAIII - ",l$E',i.ffi Richards, Watson & Gershot^Ula aunErrE a.Er^.TE;.."tmI to any qtsuing lawsuit fil gional Board') and the Finet ffier of rh State 'la.*:#s Permit. jlf#,,'r:#'ffi;Hffi[* . ,|:rm ,^tln" I ludc bu not be li.itia b'Afiog an aiswer on behalf"*T"li"H: ot the c y repescntcd by the Firm in this matter. we writeto set forth th_ e lerrrs upon which the Firm will provide legat services to the City ofvemon and the basis upon which we wifl bilr for bur servici and expenses. 3lEflea D. Lta afffr# The Firm,mahtains a conflict of intercst database. Based on the information you -.llT ir{iffi have providd we bave e'xam d this rr"tab"se to detErmine whcther we might haveo.oth'ITll; a professional conflict of intercst with rcspect to the parties listed below, for whom =q.*%FI;'l we areproviding the same scrvicc. We find no previous or currcnt relationships thatffiH,ilffi would interfere with our ability to r€prcsent the City of Vernon in this matter. If th€re 3ax E r-coo,eGE are ofrer parties who would bc afected by this matter or who you otherwise fecl we 'E6;dir-,5"r-;iid; sttould consider, pleasc provide those namer to us so we can determine whether there -H;.ffi||ffi are conflicts as to thosc parties. lExEotta ottr<! '..rroi' ,'r'6e5r'D The names we have utilized ia detcrminirg whether any potetrtial or actual conflictsof inter€st cxis! which are the other cities we are ,epreseotiog in this limited matter, are the following: RTCHARDS I wATsoN I eensuoN ITT(Lr€Ys Al t t -a nloftsstoNll. colfot rrci Mtrk Whitworth July 10,2015 Page2 City of Vemon Ma* Whitworth Claudia Arellano Rcgional Wat€r Quality Coilrol BoE4 Los Angeles Region State Water Resouc€s Control Board We will add thcsc namcs to our daAbasc for consultation in rcgard to futrre matters. We will proceed on the understanding rhat the above listing is accurarc and complete unless we hear &om you to the contary. Norman Dupont Nicholas Ghfuclli, and I will have primary responsibility for your rcpr€sentatio[ We rnay also r.rse other attomeys, legal assistants and other law firm personnel as may be helpfirl in reprcsenting your inter€sts. Whe,n the bill is to be sent, we will rcvicw it before it is issued to ensure that the amount charged is appropriatc and accurately reflects the serviccs rc,lrdered As staed, our estimate of the total cost of the serviccs rendercd punsuatrt to this etrgagemctrt lctter will be no morc rhrn $10,000.00. AII rtromeys of ihe Fim will bc billcd rt e billeble ntc of Sl3O pcr hour. Thc rales charged for this engageincnt will not be changed without your written consent. In addition, we will bill you for cosB in connection with our rcprcsentation of tle City of Vernon. Such costs include copying documeots (.15 cents/page), facsimils ttansmission of documents ($1.00/page), long distance telephone, cout fces, litigatioo costs, mess€ng€r and delivery services, and oth€r similar costs. Such costs Aequently ae billed to the Fimr from third-party vendors. Therefore, there sometimes will be a delay between ttrc time such costs are incurred and thc timc when they appcar on your bill. Wc agree tbat you will pay your bill within 30 days of receipt of our billing staternent. We further agree that interest will accnre on a.ny unpaid overdue balances at the rate of seven percent siEple intfiest per a[trum. We will kccp you informed of sip.ificant developments in the mattcr. Please feel free to inquire at any time about my issues relafed to the mafter. RTCHARDS I WATSON I GERSHoN ^I]of,tcYs AT trlt -l tro rlsstox^r (oaroi noi Mrrk Whitworth July 10,2015 Page 3 Naturally' we eqr€ct you to ask us about the likcly results of our work. we will respond as best we can, but cannot and do not guaraatce aEy particular resull we can make no promises about the outcome of litigation or negotiations and any opinionsabo* likely outcomes are not intcndcd to constitute a grurantee. lvc rarely have fee disputes with clicnts. Nevertheless, you should be aware that orccity of vemon is entitted to require that any fee dispute be resolved through the mandatory fee arbitration provisions of the califomia Business & professions code.One ych prognm is operated under the auspices of the Los Angeles Cor:nty Bar Association. Many other local bar associatioos have similar prograns. In the event that you choose not to utilizc the couoty Bar artitration procedures, you agree that all fee disputes betwecn us shall bc submitted to binding arbitration in Ls Angeles to be conducted by the American Arbitration Association, in accordance with its commercial arbitration rules. I1_any dispute conceming billing for serviccs rendered, the prevailing paty, as defined in california code of civil Proccdure scction 1032, will be cntitled to rccover its reasonable attomcy's fccs aod costs. The City of Veraon has the right to terDinate our reprcseDtation at any time. We have the same right, zubject to our obligation to provide thc City of Vemon with reasonable notice !o arrange alteroative representation- In either circumsance, the City of Vemon agrees to secure new couasel to represent it as quickly as possible and to coo,perate fuIly in the substitution of the new counsel as counsel of record in any litigation in which we may be involved. If the city of vernon elecfs o terminate the Fimr, we will be paid dl fe€s and costs incur:ed prior to thc tcrmination within 30 days affer delivery ofa final bill for services. we are also required to inform you that we currently maintah professional liability insurance. Our legal relationship and the terms of this agreementwiil be govemed by the substantive laws of the State of Califomia ln order for the Firm to work on this mauer, the enclosed drplicate original of this letter mrst be signed and retumed. we have enclosed a ret,m envelope for your convenience. RTCHARDS I wArsoN I censton ^rloti€ls AI L a - A,tosEsstotilt (olrotaTtoi lv{ark Whitworth July 10,2015 Page 4 We look fonrard to rcpresenting the City of Vemon in this mafier. Very truly yorns, AgEcd to by: Slgnature: Title: Dae: I 2720-0022U t54l65v I do4 Candice K. Lee laft Hhttworth CiEy AdElnlstrsto 7 .)f -/l Maria f. Ayal+ Approved as to form: (rr16-retE) 0rr2oro) (t92a-206Zl !B\r RTcHARDS lwATSoN lcensnoruLS(l ^norn.rs o,..^r, -^ ,*orrrr,on^r. conpo*.ol ,55 South 6Iond At.,!nuc 40lh noo., Los Angd.., C.tifomia 9oo7.r-3rolTel.phonc 2i31626.6464 Facsimih 213.626.0076 ATTORI{EYWONK PRODUCT ATTORlIff-CtIErr PRMTEGE JuIy 10,2015 vtA E-itAt! AilD U.S. MAtt lv{ark Whitworth City Ad'ninistrator City of Vemon 4305 Santa Fe Avenue Vc,rnon, California 90058 Re: Attomey Conflict Waiver Request for Representatiou of City in Anticipaed Litigation Challenging the LA MS4 Pemrit Dcar Mr. Whitworth: On June 16,2015, the State Wata Resources Conrol Boad (.1Sr+e Board.) heard and adopted a Final Order r€solving ctaims made in various petitions challenging the Los Angeles Stormwaftr Permit pcodiDg before it Thc Firm has rcprcsented the City in comection with its petition before thg State Board It is likely tbat one or more parties aggrieved by the resulb of that final order will seek judicial review, which will be triggered by issuance of rher order. Tbc puryosc of this [etter is to requcst the City's authorization to r€pres€nt it in any ensuing lawsuit filed by environmqrtal groqs challenging the Board's f inel Q1d6. Because the Firm bas been representing multiple paties, ure also are requesting thd the City review and o(ecute this proposed conflict waiver, as it did peviously. I. Beckground: The I!I9l Stormwrtcr Peruit rnd Stete Board Administrative Proceedings The Regional Water Quality Contol Boar4 Los Angeles Region fRegional Board') unanimogsly adopted the "Waste Discharge Requirements for Municipal Separate Storm Sewer System MS4) Discharges Within the Coastal Watersheds of Lns Angeles County, Exccpt those Dischargcs Originating from the City of tong Beach MS4," Order No. R+2012-0175, reissuing NPDES Pcnnit No. CASOftOOt (thc*Permif), on November 8,2012. The Permit is suliect !o review by thc State Board, and various petitions for review have been filed before the State Boad, including one filed by the City of Vernon. ttlvd L ooLEYtlt! l I 5iiausztlttcllEr E AaaorratacotYL tttrrxtocsquii r- al.lflcatotf. tilcficaa60aY L tu talTlxolrrs I. trloDtlrl g, eaccoisraYai I. l /ugatl naYlr c drtstoalx o, rrGt{roa !! ctttaotlrruErrE t. tlEtat a, fiL,Ex tatxt/rl|q Y. AI IUTAt $lat o. 5u Et!flr rl' fiorloit^trs t . Ll(rAIol llt a lTlatlt aalti irrcEElOrca t aoa^!!a aollDror(^trart ou.zIr G, !i Ytoitonr. o-altElror ll a, roallta^ia6rxa r. mltEa tllE! L (urlor voral^ [ o ]al6raraEr( a xrroiolial r out'orat oavro t rLtar!rouY r oElt Eorttrt^ L ato{t@t!tr.l^ omaC'IolC ( T..Eraltrfra, taTrutll5r5,lt L ttdEtlouaarrit t. a^rLlYltY 6illorEa<rr Ir,fl tlri o- carc torar<E.A a r ltDqrlrraut i. tr/i6llla ruratEtr f. cta00l]5lrGr c o oEqrl^iol L cxatrrtta,ll^xtE cmtaTlct o. J( rxxtttlltq o. tlttouail^ t, uzaatto{t E^lrstttE 8. aaoaH^ltoarcHol/r3r.euaauJl]llr IHAHalttralti^ L ttot 16 raaAc t. Graalr ot ouasEaftrcf,aua a.o'rETEtaa iorrl^r,(,oaL a. r!]ltatt ta| E rotco oaFcEtEr.Efi{ora 4i5"a2r,8{E4 cla 60uttl otec!IEr..?lrollt 7ra.9!E.o9or IEIGI'I.. O'ECErtif,flotE ,r\.C6rt, COI{RDETTIAI tllts lllllut rs sutlccl ro Ilt€ ltrottEv<urrt ^lo/oe rx: aTrotlcv rotx ,tooucr t|lyflt€ts. !o tst oEctosr ( cq;Trrts [rrGot. 00 i{tT fltt;rlt ruat cty tcctsSal! ti(oao6. RICHARDS I warsot I censHol Atroat€ylt At i.^0 -a ptoFlstiloi,^t cotaol^nor ATTORIIEYWORK PRODUCT ATTORilFT.CUEt{T PRIVIl.EGE Mark Whitworth, City Manager City of Vernon July 10,2015 Page 2 The City of Vemon ('City') is a cepermitee under the MS4 Permit, and is thrs subject to its rcgulatory requirements. On or beforc Decemb 10,2012, the deadline for filiag administrative appeals, mis Firm assistcd tbc City in thc filiag of an administrativc appca! known as a Petition for Review ('Petition'). The Petition challenged the adopion of the Permit on various legal urd technical gounds. The Firm drafred and assistcd in the filing of Pctitions for 2l diffcrcnt municipal pennittccs, which included the cities of Agora Hills, Ar,cadi4 Artesi4 Beverly Hills, Commcrce, Covina" Culver City, Downey, Hidden Hills, Inglewmd, La Mirad4 Manhanan Bcach, Monrovi4 Norwalk, Rancho Palos Vcrdas, Redondo Beach, San Mariao, Soutb El Monte, Tonance, Vemon, and Wcstlakc Villagc. One of those cities (Arcadia) uhimalely chose to bc represcntcd by another law firm, so the Firm aow rcprcseots 20 municipal pcrmittecs (collectively, the "Collective Petitioners'). In addition to the pctitions filcd by this firm, 14 additional petitions were filed by other mrmicipal pennittees, as well as a pctition by tbree environmental groups led by the Natlal Resources Defense Courrcil, aod including Hcal thc Bay, and the tos Angeles Riverkeeper (collectively the *NRDC PARTIES'). The NRDC parties' petition stated that the 2012 MS4 Pemit conravened various provisions of federal law and was a stcp 'backward", not I stc? forward, in efforts to regulate stomwater discharges frorn the MS4 system into waterways such as the Los Angeles or San Gabricl Rivcrs, Ballona Crcck, Malibu Crcck, or ultimatcly, to thc Pacific Ocean. Tbe Firm rcpresented the Collectivc Petitioners in filing petitions, att€nding one workshop in Los Angeles, filing two sets of comment letters, and opposing two requests by the NRDC parties to augment thc existing record by incorporation of additional documene tbrougb 'Judicial noticc." Thc Firm reprcscnted the Collective Petitioners at the anticipated adopion hearing rct by thc Starc Board for Iune 16, 2015. As noted, the City previously agrccd to waive porcntial conflicts of interest arising from the Firm's joint rqresentation of the Collcctive Petitiouerc before the State Board in the admini.suative proceedings related to thc Pctitions. A copy of ttat prior waiver letter is contained in Attrchment A. coflftDExnAL Il{s ratEur E suallcr ro nlt arnottFFclJqr ArD/ot t rIlarE uotr ,rcDUCr ?mnuc!3. 00 ror Esclog $c contrni [tEor. Do xol 'ltt lltfl ,qauclr rf,clsg]r ltcotls, RICHARDS IWATSON I GERSHON altotxty,lI (at _ A,mF€sstora L cotpot^lloi AITOR]{FIWORl( PROOUCT ATTORI{Fr.CIIEI{T PRIVITEGE Mark WhitwodL City Manager City of Vernon July 10,2015 Pagc 3 II. Requcct for ]lrrivcr of Potential Conflict in Joirt R€preentetion of Cities in Threetcned Litigetion Brought by Environmental Groups We aoticipatc that thc NRDC partics will scck to chaltcnge the Final ffier of the statc Board as violating provisions of the federal clean water AcL The State Board issued a notice of the Final Order on June 26,2015, and the NRDC parties will likelyfile a lawsuit to seek a writ of maodate within 30 days of the stare-Board's iss,anclofa final order, or by luly 27,2015. We anticipare (altho,gh wp cornot be certain) that Urc NRDC parties will name the Collective Petitioners (including thc Ciry) as 'teal parties in inter€st", together with a number of other cities located within the County and rhe County of Lns Aogeles and ie Flood Control District.r It is also possible that one or more of the Collective Petitioners will file their own writ to cballcage portions of thc Satc Board's fi.nal order. We believe that if multiple wits are filed by various partics, then it is likely tha they rryould be consolidated in one combined prding. We write !o request that the City waive any potcntial conflicts of intef,est rhet may arise from the Firm's joint rcpresentation of the City, together with the other cities that have retained our Firm to r€pesent the,m in thc thrcatcoed litigdion brought by the NRDC parties. Specifcally, we requcst that the City waivc a potential conflict based upon the Firm's reprcsentatiou of multiple cities in any lawsuit brought by the NRDC parties challenging the LA Stormwater pennit, including the permit's safe harbor provisions. Wc furthcr requcst that the City agrer to share confidential attomey-client communications in a joint defensc efort with the 19 other cities wtro are curenfly part of the Firm's representation for purposes of the administrative Petition to the State Board. I throughout thc coursc of our rcprasenation of thc pctitioncrs, we have bc€tr in regular tclepbonic coEmuDicatldr with ouBide legal counsel for thc county of tos Angeles and dre Flood conuol -?I$:t. qunft for thc Coutrty and its Flood ConEol District havc londucted litigation with theNRDC paEies for over seven ycars, and they anticipate that the NRDC panies wil'i file tiligarion against.various municipal entitics based upon their prior cxpcricncc with tre inviroruncntal grouf's and their litigdion tsctics. COI{RDEiMA[Illl' ItTt L ts 3uqlcr Io rllr ATrlTE<Utfr Am/Or raTtotltY uotl noogcltMu6ls. oo iot otscloEr :colllrE IlttoT. Do tor m'r tlll rutu4y ^ccE3gau rlcolos. RtcHARos lwersot I censnot AIrOatE6 AT r a -A 'lOrESStOia @arotatror ATTORtflWOR!( PRODUCT ATTOilFT.CIIE]IT PRMI"EGE Mark Whitworttr, City tvtanager City of Vemon July 10,2015 Page 4 m. Potential Conflicts of Interest by Virtue of Joint Representation The Firm maintains a conflict of interes database. We have examined this darabase !o determinc whether we might havc a professional conflict of interest with respect o the State Water Quality Control Board or tte Regional BoanC, and the other cities the Firm will represent in this matter, which cities arc lisrcd in Attrchment B. We find no previous or curr€nt rclationships that would ioterfere with our ability to represent the City in this litigation cnse. If thcrc arc other parties that would be affected by this .m.drcr or who you otherrrise feel we should consider in ou analysis of potential conllicts, pleasc provide those names to us so wc can det€rmi[e whethcr therc are conflicts as to thos€ parties. The Califomia Rules of hofessional Condrrct requirc that we disclosc to you ttrat tbe Firm is representing ttre Crty of Vemon and other cities thar may be part of the threatened litigation brougbt by the NRDC parties. At this time, the Firm sewes as City Attomcy for Petitioners Agoura Hills, Artesia, Bevcrly Hills, Covin4 ta Mirada, Ilidden Hills, Matrhafian Beacb, Monrovia, Norwallq Rancho Palos Verdes, San Marino, South El Montc, and Westlake Village. Thc Fkm is also general counsel for tlte Gateway Water Management Aufiority for which it provides counsel on issues related to the Stormwater Permit but this work is not related to the threatened litigation brought by the NRDC partics. If the threatened litigation procceds, and if so requested the Firm will represent the Cities of Agoura Hills, Artesi4 Bcverly Hills, Commcrce, Covina Culvcr City, Downry, Hiddcn Hills, Inglewood, La Mirada Matrhauan Beach, Moorovia, Norwalk, Rancho Palos Verdes, Redondo Beach, San lr,[arino, South El Monte, Torrance, Vemon and Westlakc Village. As lawyers, we are governed by the specific nrles relating to our representation of clients when present or poteotial conflicts of interests are identified. Rule 3-310(C) of the Rules of Professional Conduct of the State Bar of Califomia states: COIIFIDEITI,AL rrts xarEt L rs crqrcr D m! lllotrtl.cu:lr [o/or rrE arIotlS? rott ?rooucr ?Iy[!Es. q! roT ,tstlost tx! cotElllt lltlt !o aqr .t lrl,uluctytcctsga!! alcot s. R|CHARDS I WATSON I GERSHON artoitE6 Ar t 9_A,toFlsstot L (otpomnoi ATTOR]IEYWORK PROOUCT ATTORT{EY-CUEIIT PRUII^EGE Mark Whitwortll City Mauager City of Vemon July lQ 2015 Page 5 "(C) A member shall no! without the informcd rvriuen consent of each client: (l) Acccpt reprcsentation ofmorc than one clieot in a mattcr in which the interests of the clients ootentially conllict or (2) Acccpt or continuc rcFc€ntation of more ttan onc client in a matter in which the interests of the clients acEallv conflict or (3) Represent a clieat in a Eder and at the same time in a s€parate matt€r accept as a client a pcrson or cntity whose iDterest in the first matrcr is adverse to the client in the first maficr." (Emphasis added.) A. No Acttal Confiict - Rtde *310(C)Q) Based on our review of the hcts as arc know[ to w at rtris time, we betieve th€ Firm is able to fully reprascnt the cities ard that there is no actual confliA among the potential city defendane. .See Rule 3-3l0(CX2). Each city has an iatercst in easuring tbal the Permit (as revised by thc Final ffier) continues !o provide for a safe harbor to those cities (including all of the 20 citics narocd above) who are participating in either a Waterstrcd Management Plan (tilMP) or an Enhsrccd Watershed Managcment Plan (EWMP). The NRDC porties' arguments, specifically argum€ds it has already made to the effect rhrr the Stormwatcr Pcmrit continues a ..backsliding,' compared to prior pcrmit requircrncnts or threatens a ..degradation of protected watcrways, are ones that cach of thc Cities have a common int€rest in opposing. If additional fagts come to light that suggcst ar actual conflict, we will advise you immediately. B. Poteatial Conflia- Rule l-il0(qQ) The Firm must also obtain your informed cotrsent to the joint representation in this litigation because it is posrible tbat adversity betwcen the cities represented by the Firm could arise at a later date. See RuIe 3-310(CXl). As indicated above under Rule 3-310(C{1), the Firm must obtain the informed written conscnt of cach client to CO'{FIDE Tru rlrs l,lrtl^r rs sualEcf ro rr! artotruv<ulit rrD/or fi: arrotf S, tErl( lroo{c, ?tMt!!!s. Do ror Dll( tt txrcortlrls H!tto7. oo aor 'lrt ltf$ tutuclytacrs3alt tlcotos. RIcHARDS lwarsoH I censxou ArtOli€YS al r,ai - A tmEsstotAt cotFolrno{t ATTORilETWORK PRODUCT AITORfl FT-CUETIT PRIVIl"EGE Mark Whitworttr, City Manager City of Vernon July 10,2015 Page 6 accept representation of morc than one ctient in mas€r in which the interests of the clients potentially conllicc Here, it is possible tbat adversity betweeo the cities represented by the Firm could arise down tlre line if the threatened litigaion related to ttrc Permit ultimarcly eosues. For one exarnple, one city might wish to file its own independent action secking a wdt of mandate egeinst the State Boad's final ordcr on a particular issue, such as the existencc of numeric limits in the fomr of "receiving e.aler limits." Otirer cities may not wish to file such an independent action, but rathcr scck to havc a lcss sctivc ond independent profile in any ultimate litigation. Additionally, there may be aspccts of dre Permit thd will be accepable to one or more Petitioners and macceptable to othcr Petitionem, leading one city to seek to prcserve an aspect of the Permit tha anothcr city would like to challenge. As an gxemFlc, one City may believe tlut all compliancc should be measued tbrough MS4 "out'all" monitoring while another City EEy disagree. The Firm believes any such potential conflicts about specific implementation of the Stormwater Pcrmit ar€ unlikely to arise in the currenfly anticipared NRDC paties' litigation. That is, the NRDC parties are not anticipated !o attack spccific parts of a particular City's permit compliance, rather, we anticipate that the NRDC parties will attack the Sormwater Pennit (as approved with modifications in the Finnl Order of the State Board) on grounds applicable to all cities. It currently appea$ that all of the Petitioners arc mutually and beneficially htercsted in the outcome that will be sought by this Firm: Defending the Pemit from a general allout attack by the NRDC partics. The NRDC parties' anticipafed writ of mandate litigation coul4 if zuccessfirl, Esult in years of firtrer Regional Board efforts o crcate a new MS4 permit, itself subject to a new appeal to the State Boar4 and from there, yet another challenge in statc courts. tlonetheless, if during the joint defense of any NRDC parties' litigation, the potential conflict matures iato an achul conflict between two or mor€ cities tbat we jointly represent, then we would be forced to withdraw from representation of those cities. The affected cities might then incur additional costs and attomeys' fees in hiring and rctaining a new law firm to assist thcm in any fimher court proceediog in this tfueatened titigation. For o<ample, if a ncw firm is engaged, attomeys from that new COiIHDExflA E aarlrur ls surFct r! I ! lTlotEtlicutt? [o/or n: ATIOTIY rOrI 'lOqE llllrull3 !O IOI o(rld* ftr!(cTrrls ra:rf,or. mprau S tulttlyta€as3ltt EC6s. R|CHARDS I WATSON I GERSHON ATIOiI€yS lr uf, - A nof€sstoi^t cDttoutroi ATTORTEYWORK PRODUCT ATTORIIEY.{U ElfT PRlYIl.EG E Mark Whitworth, City Manager City of Vcrnon July 10,20t5 PaSeT firE might rcquirc some additional time to *get up to spcod" on the maner, which would likely result in increased ftcs and costs. IV. Confidentielity Among Join0y Rcproscntcd Pertier Califomia Statc law mandates that an attomcy may not disclosc confidcntial *ra6nnigations or s€crets of a client Where clients consent to joint rcprcsatation however, tbe privilege of confidentiality between the clients with rcgard to confidential information given to us is limitcd. Any communications and information may bc fully disclosed by us to all jointly represented clicnts, unlcss the client making the disclosue informs us in writing of its desire that a prticular communication or itqn of iDformation be considered confidential and withheld from the otlrcr clients. If the City informs us that confidentiality from the othcr clicnts must be maintained with rcspect to a particular communication or item of infomration, we will advise the other clients rhat 5p6[ a r€qu€st has bccn made, without di"rrlgng its subjcct Eatter, and will inquire whether any of the other clients object to * *11666trling ttrc communication or item of ioformation from thc othcr clients. By signing this letter, the City exprcssly coruents to such disclosure to thc othcr clqrts. Wc may withdraw from representing one or morc clieots if a clic.lrt objccts to our withholding information as by another client or iftrere is an actual conllict betwecn the interests of any clients, provided thc withdraual is permitted under tbe Rules of Profcssional Conduct of the State Bar of Califomia Further, please understand that if thc City revcals inforrnation to us that may be dctrimenral b anothcr client city, tbe FirE may be obligaied tor rcv€al rhet information to the other clicnt city. Should that information be such that r,ve bclieve an actual conllict has dcvclopcd bctwcen the cities, we might need to witbdnw our rcpresentation altogether. That could havc a negativc impact on each client and result in increased fees and costs to you. For example, as notcd above, ifa new frm is eDSaSed, attomeys fiom that ncw firm might require some additional timc to ,.gct up to speed" on the matter, uAich would likety rcsult in increased fees and costs. If the City wishes, it may certainly consult indepcndcnt counsel to furthcr assess this matcr and thc requested waiver contained in this letter. coinDExTlAt Dflg rattlrt 15 t ttc, rc ru aTlotrEI<ulrt nD/ot rx!llIotxtt rotl atooucT t]lltE.:s. 00 tot otscr.Ilr ttl!cqllrll3 il[oI. oo lot tl.l s ?|rlucr, Ectst]r arcotts R|CMRDS I WATSON I GERSHON rIOti€Ei ^T t ' - A rtoftss(,ital (ottomnot ATTORTIEY WORI( PROTX'CT ATTORIEY.CTI ETT PRM[IGE Mark Whirworth, City Manaepr City of Vernon July 10,2015 Page 8 We have explained above the possibility of conflict that is raised by such multiple rcprescntations. By sigring bclow, the City hcrcby exp:essly consents to the representation of multiple cities on the sarnc Dattcr dcspite the possibility of a potcntial conflict of interest. V. DisclosurE of Reprcseutetion on Unrelated Mrtters of Pertics Nerned rs Defendants ir rLfu Potentirl Litigrtion - RuIe 3-310(B) The Firm s€wal as City Aroraey for many citics in Califomia and it bas general and special counscl relationships with scveral otbcr local govemncnts, districts and agarcies tbroughoul Califomia Rule 3-310@) of the Rulcs of hofcssional Conduct requires the Firm to provide writ€n disclosue to a client eA€re thc Fim bas a legal rclationship wiOr a party in the same matter. See RuIe 3-310@[l). The Firm is also rcquircd to providc writtcn disclosue to a client where thc Firm had a legal rclationship with a clicnt ard the Firm fr1sws thrr the former reprcsentation would subsantially affect the Firm's represcniation in the cuE€nl mattcr. .9e Rule 3- 310@X2). Rule 3-310@[l) md Rule @)(2) state: "@) A member shall not acc€pt or continue rtprcsentation of a client without providiag written disclosure to thc client whae : (l) The me.mbcr has a lcgal, busiaess, finarcia! professional, or personal relationship with a party or witrress ln the same mattcr; or (2) The member knows or reasonably should know tfiar: G) thc mcmbcr geviously had a legal, busincsg financial, professional, or personal relationship with a party or wioaess in the same matter; and @) the pevious relationship would subsbntially affect the member's reptesentation." filtlsrrgh the Fimr does not believe 6at the formcr representation of clicats that are narned as pcrmiaees under the Permit zubstantially affect the Fimr's representation of CO NDEXTIAIrrtt rattlr! E gurllcl rg rt: arrlrr<uu? [o/or nl: ltTolEV rro rroDrrcl rrnnEll oo aot osalE na! corErE rEtor. oo tor au ,rltt,uau(lv tactsgalr ttt(rDs. RtcHARos lwersot l ernsHol tttotIEVI aI Lat -A FiOFE'sStOt t @trol^nor ATTORflEYWORK PRODUCT ATIORIFT.CUEIrT PRMTEG E Mark Whitwortlr, City Manager City of Vernon July 10,2015 Page 9 the othcr cities in this matter, thc Firm is disclosing both the current r€presentatioD and former representation of other permittees under the Permit on matters that are not related to the subject of the Permit. The Firm did not obtain any confidential information from the co-permittccs identified below thar is material to the representatiou by the Firm ofthe City and the othcr cities filing the Petition. Cwrent and Former Firm LIS4 Permittee Clients on (hceloted Matters City of Alhambra City of Arcadia City of Baldwin Park City of BeU City of Calabasas City of Claremont City of Covina City of Cudahy Culver City City of Downey City of El Monte City of El Secmdo City of Gardena City of Glcndde City of Hermosa Beach City of HuntiDgton Park City of Inclewood City of Irwindale City of t a Habra City of tawndale City of Lynwood City of Mdibu City of Maywood City of Monterey Park City of Paramount City of Pasadena City of Pico Rivera City of Rancho Palos Verdes City of San Gabriel City of San Meim CiU of Santa Monica CiW of Sierra Ma&e City of South Pasadena City of Torrance City of Whittier VI. FinancirlArrergements Given the number of cities that we aoticipate will continue their participation in any ach'al lawsuit brought by the NRDC parties, each city will pay only a ftaction of the cost for legal work on matters that arc common to all participating cities. The Firm will open a joint billing number 0o which all bitted attomey time 1s recorded. The time billed in the joint billing numbcr is split equally among the group of cities participating in this matler and billed pusuant to cach individual client's agreed-to ral€ structure. Thus, assuming representation of 20 cities, each city will be billed for l/20th of the actual time to preparc pleadings commor to all cities. For example, if the NRDC parties were to seek to augment the existing Administrativc Record by htroducing alleged evidence of non-coopliance with current Watershed Management Plans, then we might file ajoint opposition to such a request on behalf of all cities we COIIROEXIIAL 13 rarErar. rs suartct ro lllt atr [a<u!rr lE/or tfltaTro[8 rqir ?tgoucr ?tMtlcEt 00 tor DtscloltE lltt colrHls HAIOf. DO IOIA1! tI TUTUGI'VA((ESaIE t|tCmOS, RIcHARDS I warsot I oensxon ^IR ttaEts Ar t u - ttoaEssto lt cotFot re AITORI{EYWORK PRODUCT ATTORI{EY.CTIE]|T PRlvlLEGE Ma* Whitwortb, City Managpr City of Vemon July 10,2015 Page l0 reFes€nt io the litigation. Thus, your city would be billed l/206 of the total time for preparing and filing that joint opposition. Bu! if any one city dropa out of thc rep'rcscntation, then the pro rata cost to each city would increase !o a different percentage, say pos{iibly a l/l9h share of tlre total billed amount if we e,nded up representing only 19 cities. Alternatively, if any new city joins tbe representation, the pro rata share of each city would decrease. We believe that wE will bc able to vigorously and economically reprcsent the City in conoectios with this threarcned lawsuit. If you have any questions, please do not hesitate to contact me. If this letter meets with your approval, we would appreciafe it if you could please retm an executed copy to us at your carlicst convenience. Enclosures: (Attachment A; Atrachment B) l2n 040241t53?5vI .doc COXROETITiAL E x t:ta! 6 glflEcr ro : lfiorrr<utrt rrD/or Iarlotl:l Flr ?l6ucT tt tuaa3 !o toT lr:rlo(tl rr|tcofilrll fflIot Do toT att trf, ?lrlrEtr xcE39tu rEootos. Nicholas R Ghirelli R|CHARDS I WATSON I GERSHON Altott€vs ^t ! t -A ttoFEtSs()iaL coiptotaflox ATTOR]IEYWORK PRODUCT ATTO R]{EY{LIE[T PRIVI I..EGE Mark Whitwortb" City Manager City of Vemon July 10,2015 Pagc I I Written Consent for Joiat ReoBentetion We conscnt to, aod arxtorize, Richards, Watson & Gershon to repr€sctrt thc City of Vernon in coonection with the joint Epreseotation of the City and my other cities ttat retain Richards, Watson & Gsshon to prepare and assist in threatencd litigation brought by the NRDC PARTIES (and others) shetl6aging the Los Angelcs County NPDES Permit for the MS4 Syste4 NpDES p€rrnir No. CAS0040O1 ("perEit'). Cunently, thc Cities of Agoura Hills, Artesiq Bevcrly Hillq Commcrcc, Covin4 Culver City, Downey, Hidd€D Hills, Inglcrrood, t^a Mimda" Manlranan Beactr, Monroviq Norwalk, Rancho Palos Ver&s, Redondo Beach San Marino, Sourh El Monte, Torrancc, Vcmon and Westlake Village have retained Richards, Watson & Genh91 with respect 0o the petitions for revicw filed in Dcccmbsr 2012 cia[enging the initial pcrmiL The City fireer undsstands, coosents and agrccs trar Richrds, Watson & Gershon may also repr€scnt other cities in connection with the tkEat€ned litigation anticipated to bc bmught by the NRDC partie,s, provided that thosc other cities agree to tlesc same tenns of or.n joiut represcntation City of Vemon Date: By: Title: 1220.{02 \t 851795v I doc coitflDEt nAt Ilr.s t^rIlrrt ls su]lcT Io IE ATIOEY.CUIIT rrO/Or nraITOttd Hx rtoou(T ,]vruoe3 E aot uscle lrl!coillrl3 [!rGor, oo Et nu IITI turucty racr3$Ir l!cot!s. Approved as to fo EXHIBIT A Hf RTCHARDS IwArsoil fe ensxor5C ^nor*m ^r ut -A prof€ssox^r coRForA'roi ,55 Sor.dr Gr.ri Avr ra adt Hry, Lot ,katb., Cdrrrtrt. 96o7t rrorId.parcnc 2A,6r6.8f8a ;acil,raL trr.6r6.ocr6 CommrQSatE (rra-.rto h92.-zoc,l ATTOil{EY4UETTPTM1EGE coxnotrn^t lM6{,s,2ot4 vr,A Et.Ectloxrc filt r u.s. tAtt carellano@i.wrmn.cars Claudis &dlmo, Projcct EDgiEcGr City of Vcarcn 4305 South Smta Fc Avenrr Vqnon, CA 9fi)5t Rc: Joltrt Defense otd Attorrey Cotfltd Yotwr R.qest ftr RTprceataton of Ciry in Ftlbq Adatnlstatve Petit'oa Clalleaging Ll l&l Permtr Dcar Ms. Arcllano: This will request thar you foroally approve aad sigr this letr€r on behslf of the City of Vetnon. The Stalc Water Rcsourccs ConEol Bosd will soon hcu thc various pctitions pending bcbrc it Thus, wc t€qucst your profipt and expGditrd rrview of lhc Coastal Watastcds of Los , (Dtae Originaling from the Ciry of Long Bcach TNPDFS PcrmitNo. CAS004@I (6€ ?qmit'), oo November t, 20 I 2. Thc Permir is suucct to rcvicw by tc Sut€ War€r Rcsources Control Boald (1stdc Boa<f), and various pctitions for rcvicw have been filcd befiorc thc St tc Board, includiry ooc filcd by Vcnron. Thc Pcrmit is th. Clean Watcr Act's MDES pogram pqmlt reguldng the amout*ffiifift of pollutants rh,t can be disclrrgd fi,om thc County's sbrm &ain rystcm (theorr..drtrffi 'MSa") ioo reccMag wer bodicE, ag., rircrq lakca, bdys, cstrrics od tb occo-Itoirott ?t+lEo.otfi tEota trgr1lar.ca ttrattr?t mil R|CHAROS I WATSOil | CERSHON ^r iln, AI ut _ A rlort!!,orx cor?ol^roat AIIOIflEYWOIf, PTODUCT ATIORXEY.CUCM FNMLEGE COT{ROETT]AL Claudia Arellam, Prcjcct Fngiiftr M,ys,20t4 Page 2 Thc City of Vcmon ('City') is a prty or pcrmitcc rmdcr thc Pcrnit, aod is thus subjcct !o its rcgulatory requir€rncots. On or befort Deccmber I 0, 20 I 2, tbc dcadline for flling admiaisrdve 4peals, rtls Ftm asslsred thc City in thc fling of aa a;minisEative appeal, Inorra as a Pcddoa for Rcvlcnr fPethlon). Tbc Petitioo ohallcngcs thc adoption ofthc Pcqgit on vrious lcgd ad t chricsl grounds. Ttc Ittitidd v/as filcd with thc Slh€ War.r Rr*ourccs Contsol Boed ("StaE Boa!d"). Ttc City rcqucsEd thc Petition bc held ia abqrmcr, wticl frcczcs th. Petition in placc for W two years &tondicalty with an optior to a(End anothcr ycar. Tho City sought abcyaocc bccausc d rr'at timc lhc Crty sought !o implcmart ttc pcrnrit whilc prcscrl ing and prfiing on hold its lcgal md tcchnical rgurncnts egei'i{ it fuchards, Watson & Gcrsbon (th€ *Firn1 eaftcd and assistcd in thc fiting of Pctitions for 2 I diffcrent nuaricipal pcrEittccs, whicb included the citics of Agoura Hills, Arcadia, AfiaiA Bcverly Hi@ Comocrcc, Covina Culver City, Downcy, Hidd.n Ifills, Inglowmd, I^a Mrada, lv{Etanan Beach" Moarovia, Norwalh Rmcho Palos Vcrd6, Rcdotrdo Bcacb, Sur Madm, Sourh EX Mont€, Torrance Vcrno, md 9ro161e lillage (eollcctivety sP.etitioncreJ At additional 15 pctitions ntrc-tti{ ty otcr muaicipat pcrmitlccg as well as a pctition by vrious €nvirom.ofal grcrrys lod by tle Nual Rcsourccs Dcfcnsc Council (coll,ccivcly '}'IRDC). Of th. 15 additionel muoicipal pctitioos, 12 did not requcst abcyaoce. Tbc NRDC did not rcquest abeyucc, brr ra6cr rcqucsrcd rn cxpcdied administdivc poccarc. TIrc_$S4 $oedrtu dcdGd wiE SlrcV rcqrifti thc City to citbcr participatc alt of icthdr. Accordingly, at this timc, tbc Firm sccks furticr arltorizaion from trc Cig o pcrform thc legal scrviccs rcquired for the City to pdticipdc io dE administmtive proc€ss. Prticipating in ttc adminisrative foccss may coosi$ of fri'th€r bricfilg, aad potcntially auading at lcast oue hcaring. As is thc casc with all admiaistative appeals, a firthcr appcal to ttc Ca.lifonia Sup.rior Court, Califomia Court of Appeal, rrd possibly wen the Califomia Sw,reme Coun is possiblc, A corEt casc EEy alteraarivcly bc tsicd in fcderal conG RTHAIDS I WATSOIT I GERSHOT{ ArrotttyS l t^r-A iior:l'|oi^a oaFtoa^noi ATTOTf,flWORKPIOI'UCT ATTOTXTV-SJETII PRMIIGE cornbExfiAr Cl',qlia fu€ltano, Prcject Enghccr llay 5,2014 Pagc 3 and bc aDpcatcd though thc fcdcral judicial systs n. At drir timc, it is diffcult to anticiparc wtcthcr a court Qpcal wilt ocqr end in wha fonm- At this jtrocture, wc rEqu.xrt your cooslnt to joiady rrp,rcscut ttc City. togcfrcr withftc othct 18 cities list d itr Atachncnt "A" hjiao bcforc thc Sute BoaC wit rcspcct to thc City's pcading pctition for evicw of 6c Pcrmit issu.d by thc Las Aagelcs - Pcgional Boad iD Dccenbcr of 2012. I m writiq this lcttcr to rcqu6t that trc City*zirc any potcntial coafliots of intsEct that oay ari* from thc Firm's joint repesentation oflte city, logElter with rhe othcr sities thc have rctained our Firur topcpac paitions on thcir behalf Conlllctr of Inlonrrt Thc Firm nainuins a conllict of irest derbasc. Wc have cxamincd this rirarbase m ddcminc ufrcther we migh have a profesiorut conflict of intcrcst with rcspcct o thc Stdc Wder Quality Coftol Boad or thc Regional Boad, aod the ortcr cfics rhcFta will rcprescnt h this ndcr, list€d in Attachcnt "A". We fi"d rio previorx or cH qrt rlluionsbfps ftiu wurld intcrfcrc with our ability to tl"r€ssot ec City in fiiq ruficr. If tbrc arp othcr pctics thc *ould be affected by ttis _mattr or ufro you ortcrrir fticl wp should consi&r in our oalysis of potcodrrt conflicts, pleasc provi& thosc Drarcxi to ult !*, we can detqminc ,vtretcr trclc arl cordicts as !o &osc porti6. JohrMt'Atrflordttett}Cfib Thc C-lifornia Rulcs of hofessional Condrct rcquirc tha nre disclosc o you flrat the Ffum is rcp,rcscoting tbc City ofVcraon and othcr citics iD this litigation aod b scck your rchowlcdgmcot and coolEnt to rhir Joint &fcose." At &is timc, tbc Firm wil rcprcsent the Citics of Agoura Hillg Artesig Bcv€rly Hills, Corrnerce, Culvcr City, Downcy, Hiddcn Hills, futcwood, Ia tr,Iirada, lrlaabam Bcach, Morovis, Norwalt Raacho Palos Vcrdcs, R.doodo B€ach, Sao tvlrino, Sordt El Motc, Tonaoce, Vctmn'atd WestLl<e Vi[age. Thc City is also gcocral corurscl for tLCatclry Wa&r lv{alragcEttrt Autbority, for which it pmvidcs cormset m isucs rclatcd to thc P€rEit, but this wort is aot relaEd to Etry of Oc paitioos. R|GHARDS I WATSON I GERSHON morraE l, ! -A ,riorE!9o.tat <oroannor ATTOX{dtrOtX PnODUCT ATIOf,ilCr{UETff'RIYIIIGE coifldExntr Clatrdia Arellano, Ptojcct &gincc,r May 5,2014 Pagc 4 Thc Firm scrrres as City Attocy for Pctirtioncrs Agoura tlill6, Artesia, B€vcrty Hilq I^a [firada, Hidden Hills, ]vlao[tan Bcach, Monrovia, Norua&, Rancho Palos Verdes, Saa Marino, Sortrh El Monte, od Wcstlakc Village. We popor o jointty rtpesart 6o.City of Vcinon along with these other 18 cities (listed it1 Attefurcnt'A" hcr€to). As lawycs, we ue govcrred by thc spccitrc rulcs relrring to our rc,prcscntation of cli€nu qftcn ptls€nt or potontial conflicts of idorcsts are i&trtified. Rule 3-3 I 0(C) of thc Rulcs of Pmfessioaal Conduct of drc State Br of Califoraia stat€s: "(C) A mrmber shall noL without the idorocd writrcn consat of each client(t) nccept rcprcsoutuion of morc ttran o,ne clicot ia a mrtcr in which the imerrcsts of the clicnts trl@1!g@[igg or (2) Acccpt or cominue rcprcscntdion of 66p rhrn ss6 sticrrt in a mdcr io , l+p in a scp@e mater rt itr thc 6rst Edtar is adverse to &e clicat in tbc first mdcr." (Eupbasis addcd.) No Aaul Corflict - Rulc 3-310(C)(2) Bascd on our rsview of thc frcts as sr known !o us at Qis timc, we beticve the Firm is atf,e A ffiIy represcttbcr*tica E+6d.ttcrob "o itudj(,trflict,'.noog.the city deftndants. ,See RuIe 3-310(q(4. Each city is a separarcly listed pcimiuee r.uder the Perhit, and €ach city has o intcrest in eosuriag that the Pmit does oot coffain unlawfid or unfair rcquiremeirts aad shnrltrlc. None of the argrmcotf we made in the Petition will be dctrimcnul to thc intcrerts of any city or give my city an advmtage over another city, tf additionat facts comc to light thar suggc{t ao acuut cooflic( we wiII advise you immediafely. RIcHARDS I wArsor I cersxon IlrDaatyS lt tat - tto,E3slox t @ttrB ltoa AITORICYWORI( PNOOUCT ATTORIFrcUEXI PNMIEGE COXRDETTIAI. Claurlia Arcllaao, Proje( engincsr r{ay 5,2014 Page 5 6s6$lish that other ncighboring citics arc fuJly or partly rc+oosible for thc allcged Potentlal ConJlict - Rule 3-310(C)(l) The Fimr must also obain your inforocd coascd to thc joint rcprescrrtation in this lirigrtioD bccausc it is possible tbat adv€rsity bctw€.a 6c citics repescntcd by the Firm could arisc c alaut dare, &c Rulc 3-310(C{e. As iodicabd abovc rmder Rulc 3-3 l0(C)( 1), thc Fira must obain tfrc informcd trritcn cons€ot of each clicil to acccpt Eprcscntatioa of nrorc thrn orrc clicnt h mrltcr in which thc iutcrcgts of tjc clieats potcotiall y confl icr Here, it is possible ret adversity bctwcsn thc cities rcprescated by 6c Firo could arisc dowu thc linc if s! e.l'ninistatiys coforce,ment rction or litigdioo rchlcd to thc Pcrmit ultinatcly cas.e, For one exaople, om city srbjoct o onc of thc Pcroit's 33 TMDIs may wish b asscrt that rEquircmcats are bcing irnposcfl is gs uocvco menn€a in rtldion !o surrounding citics. As Erothcr cxeple, if lhae is o caforccmcnt action undcr ttc Pcrmit againd a city for a dischage violdioA ' "t sity Est wish , I .1ty6 }) riith thc otber pdrmittce nrcritxrs of a wat€Ghed Managemcnt (hor.p. MOUs ae contracts, aod lcgal disputcs may arise betwEcn p.rmittee gmup Ecnrbers if an allcged brcach occurs or ifoy ottcr disputcs arise out of thc rclationshipc as defincd io an MOU. Alttough srrch potcnrial conflicts will likely aot arise in trc conrc:<t of thc admhisEive appeal itr E, such issues may arisc in the futre aad afrcct thc Fimr's rcpnescntation of firc City. Additionally, thcre oay be aspects of tte Pennit thFt wili be acccptable to one Petitioncr and Im.cccptable to othcr Paitioncrs, lcading to onc city witling to prescrve ao_aspcct of thc Perrmit ftat mthcr city would like to challengc. As m ex.'nple, onc City may believc that all compliamc should bc mcasured through MS4 outfrIl rnonitoring wtilc amthcr City msy dbagcc. Thc Firm bclicvcs the solutioa to ary such conflicts that may rise is Aocibility. It is s fact hat difrcntrt pcrniEccs have different MS4 syEtrms, topography, gcography, gcologr, watcrsheds, oa ofut factual ad logistical issues and fcatrres. Thenp is, howwcr, no rcason thcsc diffcrsnces should ultitrrrcly cocatc a coDflict betwca Faitioaers. Glvca this wide rangc of logistical variability among citics, thcre is an obvious necd for thc Watcr R|CHARDS I WATSON IGERSHONlfllaiErs tt rat -A lnlEEsst( a!@trot!trt0{ ArIORilEYWOA(PRODUCT AITORTEY{UflT PRM1.E6E coilHmmA[ Claudia Arellano, Project Engircr May 5,2014 Page 6 Boards o cmploy a flociblc ryproach to dctcrmidng P€rmit conplimce, allowing permittees to be able to establish compliaoce in various ways. It curtently appears that all of the Pcdtioacn rc muarally and bmeflclaly tntercsred in the ourcorrc tlret will be soughl by-&b t'iu* eunning tltgt tic perrnit does not contain infeasiblc and impropcrly formulaled numcric *anrtads, ocpensive and unjustificd bcst mansgcmcnt practiccs, impropcr legal requfuqncds, aad rmjustifcd and imgoperty-analyzed economic burdcms. Rdher, we seek a Pstmit for vrtich compliaoce is reasonably *hicvable flodble, cost-cffective, end s6itt 6g19 16 r€alizeth urivorsat shared goal of imptoving nlata qoality. Nonerteless, if &Eing frc prsuit of this administrativc appcal (or aay s$sequent litigaion iwolving a writ of mandae challcnge o ttc StrE Boed,s possibte advcme decision), the poteatial conflict marnes inlo m acnnl conllict between two or morc cities drat we jointly rcprrscnq thcn wr would bc forcod to withdrcw from Confidentiality As you ue aware, Califomia Starc hw mandatc rhrt m aEory E8y Dot disclosccoddentidfermlaicuioa.or scarr!$ef"e clirmt- {lbfic eticots €oos€nt tarjoitrt represcntatba" howevcr, thc privilcge of coofidcatiafity bdureen fte cliesrs with regard o confdential information giv@ to us is limited. Any commrmicdions md infomration may bc ftIly discloscd by ns to all jointly represented clieuts, unless the client making the disclo$ut! infonns us in ',rniting of its d6ire ih't a particular commrmhdioo or item of information be considcrcd confidential aad withheld ftom thc otter clients. If the City inforos us ttat confidentiatity from thc othcr clierB must be m.inrs;rr€d with rcqcct to a particular communicatim or itco of information, w€ will advise the othcr clieots rh"t suclr a rcqucst has bc€n E dc, without divulging its subject mattr, ofttose citics. Th. affectcd cities might thcn intrlr additional co*s fees in hiring to spccd" oa thc Edt r, wtich would iacreascd fccs md cosE, RTCHARDS I WATSON I cERSHON ^llroaiar! /rT rar -A rrorlssrcrt^t @ttotanox ATTOTTIEYWORI( PROOUCT AfiOhTEY-CUETT-PIIt/lIIGE COI{FIDEIITIAL Cladia Arellano, Project Enginccr May 5,2014 Page 7 aod wil inCufue whether any of tbe othcr clic,nrs object to us withhlding the corununication or itcrn of informstion fiom tbc oth'er cli€ats. By sigling this letter, the City expressly consents to such disclosure to 6e othcr clicnts arccpt for communicaions or itcms of iafonndion about.n&ioh you inform us tht confidentiality from thc otbcr clicrts nust tic auinraioed. We may withdraw from rcprescming onc or morc clients if a cliotr objcc8 to our withholding infomrcion as rcqucstcd by aootlrer ctient or if tbre is an actual conflict bewecn the imetcsts of my cli€nB, providcd the withrkawal is permitted under the Rulcs of Professional Conduct of thc Stt" Br of Celifomia Furtlrcr, pleasc undcrstaad 6at if the City rcveals informdion to 6 that 64y 16 d€{rirnetrtal to mothcr clicnt city, thc Firm may be obligated to reveal tha iaformation to tte othcr clieot city. Sbould that informtion be srcb tfiet we bclieve an actual conflict has devclopcd bctcre€n thc cities, wc might nced O withdrarr orr rEpres€datiotr altoge6cr, That could havc a rcgative impact on each clielrt aad result ff tte City wbhcs, it @y ccrtainly con$lt indcp€sdcm counsel to firthcr asscss this mcer md thc rcqucsed waivs oolrtaincd in this teUcr. Wc bave cxplained to thc City thc pesibility of conflict.hat is raiscd by srrh rnrdtiplc EPrescatadous. By.ignir5tceru, rcpreseutation ofmultiple ciiics on tlrc iule Discloate of Representation on Uwelated Maaers of Potie^s Notud os Defedo* in this Lltlgdion - Rule 3-3 I 0(B) The Finn serves as City Atorney for many cities in Califomia and it tas general ard spccial cor.msel relationships with serrcral other local govcrooents, disticts and ageocix throughout Califomia Rulc 3-310(B) ofthc Rulcs ofkofessioBal Conducl rcquircs thc Firm to provide ryritm disclosure to a clicot vrherc th€ Firm has a legal rclaliqnehip with a psrty in thc sanc rlaltcr.. &e Rule 3-310(BXl). The Firm is also RICHARDS I WATSON I GERSHON AflOrratll ^r t t-Attoalllllur<oixrt tto.t AITOITEYWORK ?RODUCT ATTT'RiEY.(UCM PRMTEGE coilaDEtrnfl. Claudh Arellano, Projcct Eoginecr May 5,2014 Page 8 required to provide wriucn disclosrrc o a clicnt whcrc thc Finn h".t a legal rclatioaship with a clicnt aad thc Firsr know that thc former reprcscatation would substantially afrect tlrc Firm's rqesentaion in tbc crrreru nrarer. ,See Rule 3- 310(BX2). Rule 3-310@)(l) ao<l Rule @[2) sorc: "(B) A rnembcr shall not accept or continuc rcprcscntation ofa client without providing wriuen disclosure to 6e clicnt whse: ( I ) The member has a lega[ business, finacial, professional or persooal relafionship with s psrty or witr€lr iu the sarne E tte6 or (2) The mcmbcr km\E or rcaronsbh should know that: (a) thc mcmbcr prcviously had a legal, brxincss, financial, pmfessioaal, r pcrsonal rclationship with a party or witress in tte samc mafirf,; and (b) thc previorx relationship would 5g661satially affect tte mmbcr's represcntdioa- I of and former rcpreseotaion of otbcr pcnairccs und€f, thc Permit oo Edtcrs thd a€ not elared to the subjcct of tbe Pcrmil Tbc F.irm did ad obtain aoy cofdeutiat informaion fiom ttre co'pcrmittccr idcmificd below th+ is nafcrid to ttc reprcscdation by thc Firm of thc City aod thc othcr cifgs filing thc Petition. 'l RtcHARoS lwArsoN I GERSHoN Arnoattyt ^t u, - ^ ,toa4t3toita! (orrott (,r UCT lIGE Clardia Arcllmo, Projcct Brgirccr May 5,2O14 Pagp 9 City of Malibu City of tvlaywood City of Montcrcy Park 1Q$r of Pramount Ciry of Pasadcna City of Pico Rivcrz City of'Rancho Palos Vcrdes City of Satr Gabriil City of Saa Marino City of Santa Monica City of Siera lladle City of South Pasdeoa City of Torrance Cityof Whitier Finencirl Arraneemcot But-if my one city drcpc cost to aach citywodd ihcrease to a l/18h vety, if aay cityjoins thc rtprescdation, the pro rata shre ofeaoh city would dccreasc. we trftivc,{ur*e ryfllte dblE to eigoet8h o*oerrtr6inisee}'Eprei€or thc city inconnection with this lawsuil If you have auy qwstims, please do not hesihre to contact me. Given the_number of cities panicipafing in tbis rratter, each city will pay oaly aftaoiol-of the cost for legal work oa maucrs tbat erc co*-oo L uI ;di"idd"ec.ities- The Firm has already opencd a joint bi[ing number to which all biliea aimeytime is reccrded Thc timc billcd in thc joint biling numbcr is split equally among 9: eTrrp of cities participcing in ttis mancr as6 bilcd pursuaet to eh individral this split of thc actrully imurcd amout).- Rtcl{ARDS IWATSON I GERSHOil AItEatE}3 /U r^l - A iiot€ltgoiat (oaroa^tpt ATTOf, I{ EY WOII( PRO DUCT AITORI{ tr.CTJEltt PRrvl I"EGE COIfiDErItAL Clarrdia Arelleo, Projcct Enghecr May 5,2014 Page l0 If this letter mests with your app,roval, we would apprcciarc it if you could plcasc rctum aa o<ccutcd copy to us al your carlicst conveaicace. RTCHARDS I WATSOH I GERSHOT{ Alro aiExt ,g ut - l ATTORTEYWORK PRODUCT AITOf, flfT.{UETT ?RULEGE coflrtDcI{TtAt Claudia Arcllano, Project Eaginecr tv{ay 5, 2014 Page t I Wr{tteu Coorcat for Jofoit Reores.ntrtl,on Gcrsbn !o rcprcocut tb City of of(re City adi rny othcr cities tbat m and rssist h@ Paitio for Review ctallengiog the Los Argeles Couoty MDES Pennit for'hc [dS4 Systen, ]lpDES Permit No. CASOfiOOl ('Permit'), ard any fur&er litig*ion rclcing o ftc administsativc appeal. Currenfly, thc Cities of Agonn HiIh, Artesia, Bcvcrly Hills, Commercc, Culver City, Elowney, Hidd€n ltilb, Ioglewood, La Mirada, Beach, Monrovia, Norualh Rancho Palos Vcrdcs, Redondo Bcach Su lv{arino, South El Monte, Torraacc, Vcmon and Wcstlakc Villagc havc retained Richadg WaBon & Gcrshon in rhis mrttcr, Tt€ City futher und€rstmds and ag€es rh4t Richards" Warson & Gershon msy dso nprescm othcr cities thrt are pcrnitees rmaer the Permit if those cities consed to the joint rcpreseorarion -/r- By: fitle: APPROVED AS TO FORII: of Vernonc!tr fu* Vdzbr,ffiDepucy Clty Attoruey EXHIBIT B ATTACEMENT"B' TO COIYFLICT WATVER LETTER T.IST OF CITIES R.EPRESENTED BY RICEARDS, WATSON & GERSEON ON LMGATION RELATINGTO LOS ANGELES R-EGIONAL WATER BOARD'S 2012 MS4 PERMIT Agoura Hills Anesia Beverly Hills Commerce Covina Culver City Downcy Hidden Hills Inglewood La Mirada Manhattan Beach Monrovia Norwalk Rancho Palos Verdes Redondo Beach San lvlarino South El Monte Torrance Vernon Wesflake Village 82m I {O 12\ I tat045v I .doc RECEIVED 9ct 27 2016 CIIY C[ERI('S OFFICESTAFF REPORT CITY ADMINISTRATION DATE: TO: FROM: RE: November l, 2016 Honorable Mayor and City Council Carlos R. Fandino Jr., City Administrator (* p-2,{o- \9. Originator: Diana Figueroa, Administrative An rlyst Appointment of Eligible Individual to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation A. Find that the appointrnent of an eligible individual to serve on the Vemon CommUNITY Fund Grant Commiuee is exempt from Califomia Environmental Quality Act C'CEQA) review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vemon CommUNITY Fund Grant Commiuee in a Vemon Area Representative Seat with a term of November 1, 2016 to June 30,2018. Backeround The Vemon Comml.INITY Fund ("VCF") was established to provide grants that benefit the Vemon community to charitable and governmental entities for projects in the "Vemon Are4" which includes the cities of Vemon, Maywood, Bell, Huntingon Park, and Commerce, the area within the City of Los Angeles known as Boyle Heights, and the unincorporated area known as East Los Angeles. The Vemon CommUNITY Fund is the fulfillment of one of the key elements of the City's good govemance reforms. On February 4,2014 the City Council adopted Ordinance No. 1218 and established the Vemon CommtJNITY Fund Grant Committee ("Committee") to provide basic guidelines and operational procedures for the review of grant applications and award of gants from the VCF. The Committee is comprised of seven members and must include: One (l) person who represents an owrer or operator of a business located in Vemon; two (2) persons representing members of the Califomia Legislature with districts that include at least a portion of the Vemon Area; three (3) persons that reside or work in the Vemon Area; and one (l) current member of Page I of3 the Vemon City Council. Terms for Commi1ee members are for a period of two years (July 1 to June 30). In June 2016, the term ended for Vemon Area Representative, Jessica Maes, and the vacancy needs to be filled. Pursuant to Section 2.158 of the Vemon Municipal Code, Committee members shall be appointed by the City Council. Staff has publicized the current vacancy and placed the appointment of an eligible individual for this seat on the agenda for the November l, 2016 City Council meeting. The City Council is expected to make an appointment to fill one curent vacancy in the Vemon Area Representative Seat. Vernon Area Representative Seat on or about october 4, 2016, city staff mailed an annor.rncement and corresponding application form to all businesses and residents in vernon; provided, via email, both documents to the Vemon Chamber of Commerce; and provided, via email, both documents to consultant, Jemmott Rollins Group, Inc. ("JRG") to solicit eligible individuals. Said application and cover letter were also posted on the City's website and are included as attachments to this stalf report (Attachment l). As of the application deadline, six completed applications were received. One application was received after the application deadline and has not been included for consideration. The six remaining completed applications received by the deadline are included as attachments to this staff report (Attachment 2). Information that may be personal has been redacted from the applications. The names of the individuals are listed below: l. Issa Guerrero 2. Diana Herrera 3. Michael Nam 4. Al Rios 5. Sandra Villarreal 6. Susie Ybarra JRG vetted the six applicants that expressed an interest to serve on the Committee by evaluating their experience levels and areas of expertise. A matrix with a brief synopsis of the individual candidates has been provided as an attachment to this staff report (Attachment 3)' The City Council must appoint one individual to serve in the Vemon Area Representative Seat. City staff recommends the Council make such appointment from among the six candidates presented above in this staff report, as each has expressed an interest to serve on the Committee. The term for this seat will expire June 30, 2018. Next Stens The Vemon CommLlNITY Fund Grant Committee meets quarterly at 10:00am on the third Wednesday in the months of February, May, August and November. Upon the City Council's appointment of a new Committee member, the City Clerk will administer the Oath of Offrce as necessary, prior to their participation in a Vemon CommtNITY Fund Grant Committee meeting. City staff will also schedule an orientation and/or training session as required or appropriate. Page 2 of 3 Fiscal Imoact There is no cost associated with the appointment of an individual to serve on the Vemon CommUNITY Fund Grant Committee. Attachment(s) l. Announcement to Vernon Area Representatives and Prospective Committee Member Interest Form dated October 3,2016 2. Six Completed Interest Forms for the Vernon Area Representative Seat 3. JRG Vemon Area Candidates Matrix 2016 Page 3 of 3 TO: SUBJECT: CITY ADMINISTRATION 4305 Santa Fe Avmue, Vemon, Cdifomia 90058 Telephone (323) 58$8E1 1 October 3,2016 Individuals that Reside or Work in the Vemon Area *HR Department - please distribute this communication to all employees Seeking Interested Individuals that Reside or Work in the Vernon Area to Serve on the Vemon Comml.INITY Fund Grant Committee Backsround: The Vemon CommUNlTY Fund (''VCF") was established to provide gmnts that benefit the Fe*on "ornmrnity to charitable and governmental entiries for projects in the "Vemon Are4" which includes the cities of Vernon, Maywood, Bell, Huntington Park, and Commerce, the area within the City of Los Angeles known as Boyle Heights, and the unincorporated area known as East Los Angeles. The Vernon CommUNITY Fund is the fulfillment ofone of the key elements of the City's good govemance reforms. The reforms called for the creation of an environmental and community benefit firnd and an independent board to award grants to qualified applicans. Comoosition and Terms: The Committee is comprised of seven members and must include: One (l) person *ho r"p.es"rrt. * orrner or operator of a business located in Vemon; two (2) persons representing members of the Califomia Legislature with districts that include at least a ponion of the Vernon Area; three (3) persons that reside or work in the Vemon Area; and one (l) currenl member of the Vemon City Council. Terms for Grant Committee appointees are for a period of two years (July I to June 30). No appointee shall serve more than three (3) consecutive terms. Invitation to Applv: The City seeks to fill a current vacancy in the Grant Committee seat r€presented by an indirid*l that resides or works in the Vemon area and encourages all qualified individuals to apply. Those with an interesr in good governmenr and experience in philanthropic activities are especially needed to devote time to this important public body. The Grant Committee is subject to state open meeting laws and regulations related to good govemment such as the Ralph M. Brown Act and the Political Reform Act. Appointees will be required to submit Statements of Economic Interests (Form 700s) annually. For more information on the Grant Committee and related responsibilities, please refer to Sections 2.155 through 2.169 of the Vemon City Code available on the City's website (www.citvofoemon.org). To be considered for appointment to rhe Vemon CommUNITY Fund Crant Committee, please complete and submit the attached form by October l7 ,2016. Please note that the newly appointed committee member would be expected 1o attend the next regular Vernon CommUNITY Fund Grant Committee meeting which is scheduled for November 16,2016. eafnsiaety Infiutriaf orn0R VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Gommittee Member lnterest Form October 3, 2016 Vernon Area RePresentative Seat (lndividuals that Reside or Work in the Vernon Area) Name: Business Name (r appr'caue): Title: Vernon Address: Email: Phone: Qualifications and Reasons for lnterest in Serving on the Grant Committee (attach additional sheet if necessary): NOTE: By signing below, you affirm that you are an individual that resides or works in the Vernon area. Slgnatu re: NOTE: Please submit comoleted form bv Tuesdav. October 17. 2016 at 5:30 p.m. Mail form to: Email form to: City Administrator's Office,4305 Santa Fe Avenue, Vemon, CA 90058 - Attn: Diana Figueroa dfioueroa@ci.vernon.ca.us City of Vemon, 4305 Santa Fe Avenue, Vernon, Califomia 90058 - Telephone (323) 58!8811 RECEIVED ()cT l7 ms CITY ADMTNISTRATION VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member lnterest Form October 3, 2016 Vernon Area RePresentative Seat (lndividuals that Reside or Work in the Vernon Area) &Wt/.a ..*rutrl t44/ro Business Name (ir appticabre):Cerr+er Title: Vemon Address: Email: Phone: Qualifications and Fleasons ror lnterest in Serving on the Grant Committee (attach additional art',u'Q n; NOTE: By signing bPl Vemon area. Signature: ru"r", TS.j O 6u4,y(t { O Mail torm to: Email lorm lo: NOTE: City Administraior's Office,4305 Santa Fe Avenue' vernon, cA 90058 - Attn: Diana Figueroa city of Vernon, 4305 santa Fe Avenue, Vemon, California 9fi)58 - Telephone (323) 5ElE811 u affirm that you are an individual that resides or works in the STACY lil'll)ICAL CEN'f t:li ',lfininja 06 'JA-u'r) '-'t*rt1o*-v;-u- nho ,-Jrld"*_ ucrttokcg a^, W,dr.<! ond L,c,t*azl ,^,+4\ ,)".^rl"rr* 4 p,epu n A,*l . %t ",) /y "J L pM\ J4^4+ )a/., ,r)a:rucj Jhr-,>44- flr,..age+i.re (h. G,bt 0,, - 6o-\.o-^-*o, J{*.onairy4 6 .I€."^,FA-\^J^ 'ol1l.1.. V"^--.-r-. i nq crrrr.a-t- &,..-- d,^tlh-,"^+ Ut-tara .\fc{,,rt,.-5 ul5;,-^^--.. }- +^ Q^X< \" ,** fu rUS- c^*-9 @^t*ud ; hs+. -.r-,n - C.-. .ruurl.r o-,/l J-% O^-t- -b,^",^^ Er*' o-No-\rh','- , .r-.L Arf AAo"4 6)4\.e -\,\j.L15 r./* o^T^cn-n^-or\ 7 Lr-V'^c-b' v) ' ft hC Jfre\l*S ^'1 -^"-^-'^"- 4 /oc;-\ a-r*g P.n-r,& ,b^ @)*\ ry%-*t"n *. a. {u--cj}.or- -ttl^. i,,^ doi*3 /to )J}v^-n .o.IA4zrl ,r-r-V"^'t-vr irr *% CORPORATE OFFICE: 4580 PAcrFrc Buvo.. Vearor. CA 9OO5A TEL: 323.584.0779 ' Fex: 323.5A4.2242 A+ ak\ Qt r*-u,--, t,.u< gJ- }IEDIC.-\L CENTF.P, "..r; h^A (-/\,\G/^.J.- J^LJ-- ,."u,*\-"-(L+ to&.[ cp o- $ir^'*-L7- -^Jl.z-..,.to,r-Ob _r.4-e__ &e-rtv.rr-*.\ WY* -\a /51/-v-4-' c^./r V{^r"-'. &x--Ou*J Fw^S G*-+ €*'"'-'^l \t '-,^J )t" Fa*J.{,.r- P,^}r.* }e"'% r\-v)/Ftt*r.tt \ou- +^- 4nof,tr.X /w O_!Lq,{,c.k-o\%.Vo*-t-'cg -lol-Ut.,-i*1 (!o "'.-rn-,,.--'-\\a- ./h-(4\o'1 -tr\''"s/ia- AtwJ.- fro+ro.zrzlzl Pllo'p!^-\''d (7-t^/'! CORPORATE OFFICE: 4580 PACIFIC BLVO'' VERNON, CA 9OO58 TEL: 323.584 07-79 o Fex:323 5A4.2282 er*^--+\.^a/O RECEIVED ocl 06 20t rlITY ADMINISTRATI()N VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Commlttee Member lnterest Form October 3, 2016 Vernon Area RePresentative Seat (lndividuals that Reside or Work in the Vernon Area) n^*", D'ta-aa llerreta Business Name rrappricarcr, Vernon Co*^..r. Federd Cred* Un'on Title: Vemon Address: Qualifications and Reasons for lnterest in Serving on the Grant Committee (attach additional NOTE: By signing below, you affirm that you are an individual that resides or works in the Lcn.nucz !nd.'St,nl 't Lluocr oE' tcal..tl,euce. Vemon area. Signature: NOTE: Please submit completed form bv Tuesdav. October 17. 2016 at 5:30 p.m. ilail torm lo: Email lorm io: City Administrator's Ofrict, 4305 S€nta Fe Avsnuc, Vemon. CA gD58 - Ath: DiEna Figu6roa City of Vernon, 4305 Santa Fe Avenue, Vemon, California 9fi)58 - Telephone (323) 581881I Email: Phone: RECEIVED ocl il as CITY ADMINISTRATION VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member lnterest Form October 3, 2016 Vernon Area Representative Seat (lndividuals that Reside or Work in the Vernon Area) r.lame: T[tMel ,{,/am Business Name ( apprrcabre): Title: Vernon Address: Email: Phone: Qualifications and Reasons for lnterest in Serving on the Grant Committee (attach additional sheet il necessary): Obtqin bar\cln. Icr, r.. in F-;nrnre rt al poly Pnmonr. NOTE: By signing below, yo!'ffififlt)1alFu arc an individual that resides or works in the Vernon area Signaturgl NOTE: Please submit completed form bv Tuesdav. October 17. 2016 at 5:30 p.m. Mail torm to:City Adminisrator's Office, 4305 Santa Fe Avenue, Vernon, CA 9o058 - Attn: Oiana Figueroa Email lorm to: dlioucroaOci.vsrnon.ca.us City of Vernon,4305 Santa Fe Avenue, Vemon, California 90058 - Telephone (323) 58!8811 rny tim" {or n gm.{rr r,rrs VERNON COMMUNTTY FUND GRANT COMMITTEE Prospective Grant Committee Member lnterest Form SePtember 21'2016 Vernon Area RePresentative Seat (lndividuals that Reside or Work in the Vernon Area) Name:Al Rios Business Name (ir appricabrel: East Los Anqeles Colleqe Title: Dean of Academic Affairs Vernon Email: Phone: Vernon area. Signature: NOTE: Please submit completed form bv Thursdav' October 13. 2016 at 5:30 p.m. REGEIVED ocl l3 20f CITY ADMINISTRATI()N Mail form to:City Administrator's Office, rB05 Santa Fe Avenue, Vernon, GA 9fl)58 - Attn: Lilia Hernandez Email fom to: !@@@!@3 City of Vemon, 4305 Santa Fe Avenue, Vemon, Califomia 90058 - Telephone (323) 583-8811 Qualifications and Reasons for lnterest in Serving on the Grant Committee (attach additional sheet if necessary): NOTE: By signing below, you affirm that you are an individual that resides or works in the RECEIVED ocT 0 '' 206 CITY ADMINISIRATI0I'rFung VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member lnterest Form September 21,2016 Vernon Area RePresentative Seat (lndividuals that Reside or Work in the Vernon Area) Name: -Sandra Villaneal, BSN, PHN' RN Business Name (if appricabb): Title: Vernon Address: NOTE: By si g below, you affirm that you are an individual that resides or works in the Vernon are Qualifications and Reasons for lnterest in Serving on the Grant Committee (attach additional sheet if necessary): It is with great interest that I formally request to serve on the Vernon Community Fund Grant Committee. As a practicing registered nurse with a strong interest in public health, I am committed to improving the health and well-being of the community I serve I have a vested interest wilh the city oiMaywood and its surrounding neighborhoods. I was raised in the city of Maywood since the age of 5 years old. I attended middle school in the city of Huntington Park, Hig-h school in Bell, college at East Los Angeles College, undergraduate school at Cal State Los Angeles, and have recently worked at White Memorial Medical Center in the clty of Boyle Heights. I currently reside in the neighborhood I grew up in which is borderline with the city of Vemon at the Fruitland city limit. I am familiar with these communiiies, their businesses. organizations, and the many challenges they face. I currently serve as Board Member of the Nalional Association of Hispanic Nurses Los Angeles Chapter, where I lead the scholarship program and coJead grant funded projecls from the U.S. Department of Health and Human Services on the Affordable Care Act. I also serve on the President's Community Advisory Council at Charles R. Drew University of Medicine and Health Science. NOTE: Please subEit completed form by Thqfsley, October 13,2016 at 5:30 p.m. Email: Signature: REGEIVED ocT t3 20S CITY ADMINISTRATION VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member lnterest Form October 3, 2016 Vernon Area RePresentative Seat (lndividuals that Reside or Work in the Vernon Area) BUSineSs Name Ct apOt"ue): Title: Vemon Address: Email: Phone: NOTE: By signing below, you affirm that you are an individual that resides or works in the Vemon area. Signature: eualifications and Reasons for lnterest in Serving on the Grant Committee (attach additional NOTE: City AdminiltEtor's Onacc, 4305 Sant Fe Avenus, Vemon, CA 9(n5t - Attn: Dlana Figueroa dlkrueroa Oci.vernon,ca.us Mlil torm to: Email torm to: city of vemoD 4305 Santa Fe Avenue, Vemon, Calilornia 9005E - Telephone (323) 58&88',1 I n^."t Sr'..t fbn-zr+ Vernon Community Fund Grant Committee Prospective Grand Committee Member lnterest Form Susie Ybarra - Resident Attachment I am interested in being a member of the vernon community Fund Grant committee and ask that you consider me for the open seat' I have been a resid ent in the city of vernon over 40 years and participated in savings Vernon from being dissolved in 2011. I know the importance of the vernon community Fund and continued execution ofthe Good Neighbor Program with our surrounding cities' Since Aug 29, 2011, when the senate voted no to AB 45, our family made a commitment to be more active in our community. What has raised my interest in this committee is my deep desire to serve the City, it is my home. I have recently retired from a financial institution as a SeniorVice President and I am a licensed project Manager Professional (PMP) which has provided me experience on planning and execution of new products and services. I have had various managers and leadership positions with a Master's of Arts in Management (MAOM), and have volunteered and encourage our family members to support Vernon and surrounding community. My only limitation is that I care for a toddler and elementary school grandchildren which begins at 12:30 pm daily, so lcan only attend mornin8 meetings. I€cl! F> iE (! ..* . E5a ; P:gE 3 ;+-->ooour- d.r CL qo > tt ,= .c'O-cIEq,,+'='? ? 3;y(!.=0.,t1t>6Jr.. .go n 93E e h'E .E';E ; EE tsEE l! 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I E z6l!E.9 E OJ -q !OJ f (o F-'loNx'tr (o aioP(opEcoL)(!oL cocl-o RECEIVED ocT 2 6 2016 STAFF REPORT CITY CIERI('S OFFICE CITY ADMINISTRATION DATE: TO: FROM: RE: November l,2016 Honorable Mayor and City Council Carlos R. Fandino Jr., City Administrator Lilia Hernandez, Executive Assistant to the City Appointment of Eligible lndividual to Serve Industry Commission ?-zb-19 on the Vernon Business & UIAdministrator Recommendation A. Find that the appointment of an eligible individual to serve on the Vemon Business & Industry Commission is exempt from Califomia Environmental Quality Act f'CEQA") review, because they are administrative actions that will not result in direct or indirect physical changes in the environment, and therelbre do not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vemon Business & lndustry Commission lor an unexpired term in a Vemon Real Estate Representative Seat until the term expires on June 30, 201 8. Backqround As one of the key elements of the City's good govemance reforms, the City Council created the Vemon Business and Industry Commission ("Commission") to explore and develop ways for the City of Vemon to be more attractive to employees, businesses, and investors, while appropriately considering the needs and concems of the residential communities within and in close proximity to Vemon. The Commission is the revamped consolidation of the former Ad Hoc Advisory Committees on Business Development and Electric Rates, and is intended to provide a special forum to address public concems related to the City's business and industria[ development related costs, procedures, and activities. The Commission is comprised of seven members from the Vemon Community: Three business representatives, each of whom represents the owner or operator of a business located in Vernon; two real estate professionals, each ofwhom has knowledge of the Vemon real estate market; one labor representative, who is employed by a business located in Vemon or who is a member of a Page I of 2 labor union that represents workers at a business located in Vemonl and one current member of the Vemon City Council. The resignation of former Commissioner Brett Dedeaux from the Vemon Business & Industry Commission earlier this year, resulted in a vacancy on the Commission in the Rea[ Estate Representative Seat. The term for this vacancy expires on June 30, 2018. Pursuant to Section 2. 174 ot-the Vernon Municipal Code, the City Council is expected to make an appointment to tjll this current vacancy. StatT has publicized this vacancy and has placed the appointment of an eligible individual on the agenda for the November l, 2016 City Council meeting. On or about October 6, 2016 City Staff broadly publicized the aforementioned vacancy and opportunity to serve on the Vemon Business & Industry Commission by posting the attached announcement and interest form on the main page ol the City's website and mailing copies to a list of real estate firms lamiliar with Vemon (Attachment I ). As ol the application deadline, three completed applications were received and are included as attachments to this staff report (Attachment 2). Infbrmation that may be personal has been redacted tiom the applications. The names of the individuals eligible to serve in a Real Estate Representative Seat are listed below: Trevor Gale Brandon Gill Jack Whalen The City Council must appoint one individual to serve in the vacant Real Estate Representative Seat. City staff recommends the Council make such appointment from among the candidates presented in this statT report, as each has expressed an interest to serve on the Commission. The Vemon Business & Industry Commission meets quarterly at 9:00 a.m. on the second Thursday in February, May, August, and November. Upon the City Council's appointment of new Commission members, the City Clerk will administer the Oath of Oflice as necessary, prior to their participation in a Vemon Business & [ndustry Commission meeting. The next regular meeting of the Commission is scheduled for November 10, 2016. Fiscal Impact There is no fiscal impact associated with the appointment of an individual to serve on the Vemon Business & lndustry Commission. Attachment(s) l. Announcement to Representatives of the Vemon Real Estate Community and Prospective Commission Member lnterest Form dated October 6, 2016 2. Three Completed Interest Forms l. 2. l. Page 2 of 2 a TO: SUBIECT: CITY ADMINISTRATION 4305 Santa Fe Avmue, Vemory Calilomia 90(E8 Telephone (323) 583{81 1 October 6, 2016 Repr€sentatives of the Vemon Real Estate Communities Seeking lntercsted Real Estate Professionals to Serve on the Vemon Business and lndustry Commission Backsround: The Vemon Business and Industry Commission ('VB1C" or'Commission") has been established to assist City officials and staff in developing ways to make the City of Vemon more attractive to businesses, employees, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vemon. The Commission is also intended to providc a special forum to address public concems related to the City's business and industrial development related costs, procedures, and activities. The Commission replaces the Ad Hoc Advisory Committees on Electric Rates and Business Development and is the fulfillment ofan imporlant element ofthc City's good govemance reforms. Comoosition and Terms: The Commission is comprised of seven members from the Vemon Community: three business representatives, each of whom represents the owner or operator ofa business located in Vernon; two real estate professionals, each ofwhom has knowledge of the Vemon real estate market; one labor representative, who is employed by a business located in Vemon or who is a member of a labor union that represents workers at a business located in Vemon; and one current member of the Vernon Ciry Council. Commission members sewe four year terms beginning in August. No member shall serve more than two (2) full consecutive terms. : The City seeks to fill a vacancy in a real estate rcpresentative seat and encourages all qualified individuals to apply. The term for the vacant seat expires in June 2018. Those with an interest in good govemment and experience in public service and business and economic development are especially needed to devote time to this important public body. The Commission is subject to state open meeting laws and regulations rclated to good govemmenl such as the Ralph M. Brown Act and the Political Reform Act. Appointees will be required to submir Statements of Economic [nterests (Form 700s) annually. For more information on the Vernon Business and Industry Commission and related responsibilities, please refer to Ordinance No. 1223 available on the City's website (yww.ciwofoemon.ors). To be considered for appointment to lhe Commission, please complete and submit the attached form by October 19, 2016. Please note that the newly appointed commission member would be expected to attend the next regular Vemon Business and lndustry Commission meeting which is scheduled for November 10,2016. lE4ctusfue$ Inf,tutriat 4305 Santa Fe Avenue, Vemon, Califomia 9fi)58 Telephone (323) 583{811 VERNON BUSINESS AND INDUSTRY COMMISSION Prospective Commission Member lnterest Form October 6, 2016 Appointing Category (please circle one): Name: Business Real Estate Labor Business Name: Tifle: Vemon Address: Email: Phone: Qualifications and Reasons for lnterest in Serving on th6 Commission (attach additional sheet if necessary): NOTE: By signing below, you affirm that you moet the requirements of the appointing category you have indicated. Signature: NOTE: Mail form to:City Administrato/s Offics,4305 Santa Fe Avenue, Vernon, CA 90058 -Attn: Lilia Hernandez Email form to: lhemandgg@!ry City of Vemon, 4305 Santa Fe Avenue, Vemon, Califomia 9m58 - Telephone (323) 583-88f f RECEIVED ocT 07 mf CITY ADMINISTRATION l([5 Santa Fe Avcnue, Vcnrco Calibmia 9058 Telephone (3Zl) 58H8U VERNON BUSINESS ANO INDUSTRY COMMISSION Prorpective Commlsslon tember lnterest Form May 10, 2016 Business €:r) Business Nam6: ritfe: Ar. l/,',e lrqio/U* Vemon Address:rf/ao Lf laqqe Email: Phon Quafincations and Reason3 ,or lnteresl in S€rving on tho Commissiofl (attach additirnal shool if n€cassary): /lesr </c a4".4t,,. NOTE: By signing b€low. ltou affirm that you meot tho roquirs.nents of lhs appointing category you haw indicated. Signalure NOTE: Mail form to:Clty Admlnlrt ato/s Otllcc, {305 tlanta F. Av.nu., V.rnon, CA g(X!58 -Altn: Lllb H.ntand.z Emailtormto: thar[ridalAai.wtton.clur City of Venroa (It Sania Fe Avctrue, Veurcq Califomia 905E - Telephone (323) 583{Sf 1 Appornting Labor Mme: LOS ANGELES LONG BEACH COMMERCE PHOENIX }TCGCR 57015 tastern Avenue, suire lm. Commerce, C-A 9OO4O O 323 727 rl44 F 323 727 9198 h€SEflndustflal.Cofn May 24,2016 Mrs. Lilia Hemandez CITY OF VERNON 4305 Santa Fe Avenue Vemon, CA 90057 RE: Vernon Business & Industry Commisslon Form Qualifications & Reason lor Interest in Serving on the Commission Dear Lilia: Having served on various committees in the past, I have a vested interest in this community as it has been one of my primary places ofbusiness over the last several years. Heger Industrial is a full service industrial real estate company providing brokerage, property management, investment and consulting services. For nearly six (6) decades, we have helped business owners, prop€rty owners and investors achieve the greaiest value of industrial and special-use real estate throughout the City of Vemon. As a result ofmy business, I am actively walking the streets and meeting with local businesses and property owners on a weekly basis. It is easy for me to understand the imponance ofhaving a City that can assist, support and service the companies and people who live and work here. The City ofVemon serves as an excellent place for companies (large & small) as well as employeeVemployers to thrive and provides the goods and scrvices that affect the entire nation. I have prided myself and my business in working with local companies that alrcady reside in the City ofVemon as well as bringing new businesses into the City. Some of these companies included Morgan Fabrics, Five Four Group (Young & Reckless Apparel), Fresh American Produce, Jaya Apparel, Melissa's Produce and ARKA Properties Group. I thank you in advance for your considention and hope to have ihe opponuniry to serve ofthe Vemon Business and Industry Commission. Please feel free to contact me anytime with any questions you may have. I can be reached at my office at 323- 727-ll44,my cell phone 818-2148-4885 or by email !g j@hggl4gLEEi4Lssm Senior Vice President Lic. #01152957 Sincerely, {305 Santa Fe Avt'luq Vernor} Calitromia 9(xEB Telcphne (iixl) 5t+€81I VERNON BUSINESS AND INDUSTRY COMiIISSTON Prospective Commlsslon Member lnterest Form October 6, 2016 AppoinUng Catogory (pleaso circlo one):Busln6sg Busin€ss l,lame: O$VC Vemon Addross:@stWpLt,Cft6l0utl Email: Phono: RECEIVED OCTtgat CITY ADMINISIRATIOI{ Labor Qualirications and Reasofls for lnterest in s€rving on the commissbn (attacfi a&titional shest if nec6ssary): ptmk s4. NOTE: By s(]ning beloiv, )ou aflirm that ),ou m€et th6 requirdnents of the appointing category you Signature NOTE: luall torm to:Clty Ad6;ni"*,*s Offlcc, 4305 Santa Fo Awnuo, Vemon, CA 90058 -Attn: Lllla H.mand.z Emallformto: llrrrnandcdcl.vrrnon.ca.ue City oI Verno4, 43{fi Santa Fe Avenuc, Vemor, CaIfomia 9(IES - Tetcphonc (323) SSS{SU n 6ilt Brondcn Glll S.nior Vi(€ Pre.i&ni CBRE,lnc. CBRE 4OO South Hop€ Streol,25h Floor Los Anooles. CA 90071 T 213 813 375i4 F 213 613 3005 brandon.glllOcbrc.com wsv.cbra.com October I 2, 20I6 Cily of Vemon 4305 Sonlo Fe Avenue Vemon, CA 90058 RE: Thc Venon &dnclr ond lndulry Cammi:don To Whom h Moy Concem: Thonk you for your considerolion os lhe reol eslole represenlolive on lhe Vernon Business ond lndustriol Commission. For the posl lwo decodes, my focus hos bean comm;ll€d lo brokeroge of leoses, soles, ond development of industriol reol eslsle in the Los Angelas, Vernon, ond Commerce sub-morkels. Over my coreer, I hove porticipotod in ihe complelion of over t4.23 billion in lronsociions (see ottoched Cose Studies). The conlinuol migrolion of indushiol componies from Downlown Los Angeles' diminishing indushiol bose is o very relevonl compon€nl of lhe Vernon communily. ln recent yeors, I hove deneloped on experlise in the sole of industriol properties for odoplive rause in lhe Arts Districl of Downlown Los Angeles. fu mony industriol componies ore being displocad ond relocoling lo Vernon, my leom ond lore continuolly working with lhis compony profile. The City of Vemon hos o geogrophic ond strotegic odvontoge to benefil from lhis current phenomanon. I would be honored lo be o poa of the Vernon Business ond lndustry Commission lo provida my experience, knowladga, ond perspective for tha benefit oI the cily of Vemon's fulure. Brondon Gill (Lic. 0l 262330) Senior Vce Presidant flr;,i [+_ r'F[ ,, if,, @ F En;trzIom2 Ec -z ; m o o .\. r'E:$: .. ., T il l I.>. 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SE$8fir VERNON BUSINESS AND INDUSTRY COTiiISSION Prospectlve Commisslon Member lnterest Form Octobor 6, 2016 A.r*n/ G ?aa'toEmail: Phone: Qualirlcslions and Reasons for lnioresl in Sewing on lho Commissbn (atiach addilional sh€ot if necessary): rru, il)xtuvLd n) ,z-oJ ,-ti NOTE: ilail lofm to:City Adminlrtratorrs Ofrlcc, (t05 Santa F. Av.nuo, Vcrnon, CA 90058 -Ath: Llll. H.rnud.z Emailrdmto: thcrnrndaaoclvpmon.ca.ur City of VemoD 4iIXi Srnta Fe Avenue, Vemqr. Calilomir 9058 - Tdephom (32!) 5€348I I NOTE: By signing belour, you alfirm that )lou m66t tho requirements ol tha appointing cat6gory ylu have Jlcx Wxr-en SiOR Senior Vice President jack@h ege n n d u stri a I com Lic. #N939136 }ICGITDUSTIIAL Arrrurrous nnD MeMgeRsFttps SIOR SoctETY oF lNousrRr,Al AND OFFEE REALToRS AIR CoMMERCTAL REAL EsrArE AssocrATroN CPA CERTIFIEo PUBLIC ACCoU}'ITANT (RENRED) CoNTAcr INFoRMATToN: Long Beach Office: 3760 Kllroy Airyod Way, Jack Whalen has been one of the most successful and prominent commercial real estate brokers in Southern California since 1985. Jack's breadth and depth of experience in the market are the direct result of his concentrated focus on assisting property owners with leasing, sale and acquisition of industrial real estate throughout Southern California. He has earned a reputation as a market expert with his clients who include major corporations, institutional owners as well as small business throughout the region. A firm believer in collaboration, Jack has also developed strategic relationships with experts in finance, appraisal, architecture, construction and materials handling to bring their collective expertise together in the interest of his clients. Jack's highly successful and respected career stems from over 30 years of faithful service to his clients, industry and community. He proudly holds one of the most respected designations with the Commercial Real Estate lndustry - Society of lndustrial and Office Realtors ("S|OR"). This is a distinction that less than one percent (1%) of all national Commercial Real Estate practitioners hold. Prior to Jack's Real Estate career, he was employed for nearly a decade as a Certified Public Accountant with Deloitte Haskins & Sells. Jack is a graduate of the Unive6ity of Southem California with a Eachelor of Science degree in Accounting and Business Administration. Jack maintains offics both in the City of Long Beach and Los Angeles to better serve the needs of his valued clients. sh . Treasurer and Board Member- SIOR Greater Los Angele. Treasurer and Soard Member- SIOR Worldwide Global. Treasurer and Board Member- Palos Verdes Golf Course RECEIVED 0cr ? 5 20r5 CIIY CTERI('S OTFICE RECEIVED mT 2 t 2016 STAFF RBPORT clwADMlNlsTRATloN clry cLERK DEPARTMENT q F -Zs-lg DATE: TO: FROM: RE: November l, 2016 Honorable Mayor and City Council Maria E. Ayala, Ci Adoption of Two (2) Resolutions: 1) Calling for a General Municipal Election to be Held on Tuesday, April 11, 20171' and 2) Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services for Conduct of Said General Municipal Election Recommendation A. Find that approval of the Resolutions is exempt from Califomia Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defrned by CEQA Guidelines section 15378; and B. Adopt a Resolution of the City Council of the City of Vemon, Califomia, Calling and Giving Notice of an All-Mail Ballot General Municipal Election to be held on Tuesday, April I l, 2Ol7 for the Election of a Certain Offrcer as required by the provisions of the Charter of the City of Vemon; and C. Adopt a Resolution of the City Council of the City of Vemon, California, Requesting the Board of Supervisors of the County of [.os Angeles to Render Specifred Services to the City Relating to the Conduct of the General Municipal Election to be Held on Tuesday, April I l, 2017. Backsround With regards to the first proposed resolution, in accordance with Article XV, Section 2.118 of the Vemon Municipal Code, the City of Vernon will conduct an all-mail ballot General Municipal Election ("election") on April ll,2Ol7 , for the purpose of electing one member of the City Council for a full term of five (5) years. The City Council is required to adopt a resolution calling the election. Said resolution should also specify provisions in the event of a tie-vote. In the second proposed resolution the Office of the City Clerk is requesting the services of the I-os Angeles County Election Department to prepare and furnish the City and/or Manin and Page I of 2 Chapman (the City's elections' consultant) various listings and computer records of the names and addresses of eligible registered voters in the City of Vernon, provide voter signature verification services, and to make available to the City additional election equipment and assistance according to state law for the conduct of the General Municipal Election. The request for assistance from the County must be made by City Council resolution. In addition, of note, the City of Vernon will be establishing an additional ballot drop-off location, only for the one ( I ) day of the actual General Municipal Election, in accordance with California Elections Codes 3017 and 3025; and will publish not later than twenty (20) days prior to the General Municipal Election the designated ballot drop-off locations. Fiscal Imoact Sufficient funds have been budgeted; costs to conduct the election are estimated to be approximately $6,00O to $7,00O. Attachment(s) Two (2) Draft Resolutions Page 2 of 2 RESOI-,UTION NO. A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF VERNON, CAIIFORNIA, CAILING AND GIVING NOTICE OF AN ALL_MAIL BAILOT GENERAL MUNICIPAI ELECTION TO BE HELD ON TI'ESDAY, APRTL ]-]., 2O].7, FOR THE ELECTfON OF A CERTAIN OFFICER AS REOUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF VERNON WHEREAS, in April 2017. the tserm of one Vernon City Council Mernlcer will expire; and WHEREAS, under the provisions of the Charter of t.he City of Vernon, a cenera] Municipal Election shall be held on April 11, 2017, for tshe election of one Municipal officer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COI]NCIL OF THE CITY OF VERNON AS FOLLOWS: SECTfON 1: Pursuanc to Ehe requirements of the Charter of the City of Vernon and the Code of the City of Vernon, Ehere is called and ordered to be held in the City of Vernon, California, on Tuesday, April 11, 201-7, a ceneral Municipal Election conductsed by all-maiI baIIot. for the purpose of electing one (1) Member of Ehe CiEy Council for tshe fulI term of five (5) years. SECTION 2: The ballots to be used at t.he elecEion shafl be in form and content as required by law. SECTION 3: The City Clerk. or Deputy City C1erk, is authorized, insEructed and direct.ed Eo procure and furnish any and all official ba11ots, notices, prinEed matter and all supplies, equipmenE. and paraphernalia that may be necessary in order tso properly and Iawfu11y conduct the el-ecEion by all mail ballot. SECTfON 4: PursuanC Eo Ehe Code of the City of Vernon, and other applicable provisions of the Charter of the Citsy of Vernon and Ordinances of the Citsy of Vernon, said election sha11 be conducted by all-maiI balloE, and shall be conducted pursuant to Chapt.er 2 of Division 4 (commencing with sectsion 4100) of the California Elections Code only insofar as required by 1aw. and only where not inconsistent rdit.h t.he Charter and Ordinances of the City of Vernon. Mail batlots in t.his Election shall be timely cast if t.hey are received by the office of lhe City Clerk in accordance with Callfornia Eleclions Code Section 4103, as amended by SenaEe Bill 29. As fu1ly set. forth in California E1ectsions Code SecEion 4103, mail balloEs shaIl be timely cast if t.hey are received by the office of Ehe City Clerk no laEer Ehan three (3) calendar days after election day, and in accordance wit.h Elections Code Section 4L03 (b) . SECTION 5: That in tshe event of a Eie vote (if any two or more persons recej.ve an equal and the highest number of votes for an office) as certified by the Election Official-, the City Council, in accordance wiEh Election Code S 15651 (b) , shall conduct. a special runoff el-ect.ion to resolve the Eie vote and such special runoff elect.ion is to be held on a Tuesday not. less than 40 days nor more than 125 days after the administrat.ive or judicial certsification of the election which resulted in a tie vote. SECTION 5: In all particulars not recited in this resolution, the elect,ion shall be held and conducLed as provided by 1aw for holding municipal elections. SECTION 7: Notice of the t.ime and place of holding t.he election is given and the City C1erk, or Deputy City C1erk, is auE.horized, inst.ruct.ed and directed t.o give furt.her or additional notice of Che elecEion, in t.ime, form and manner as required by 1aw. SECTION 8: The City Clerk sha1l publish not later than -2- twenty (20) days prior to the ceneral ttunicipal Election, a not.ice with the designated ballot drop-off locaEions and the election officers for the ballot drop-off locations. The notice shaI1 be posted ats the Vernon City Ha1l main ent.rance bulletin board, ats tshe Office of the City Clerk, and ats the designated ballot drop off Iocatsions,. and sha1I remain so posted until the day following the election. SECTION 9: The City Clerk, or Deputy City C1erk. is direct.ed Eo forward wit.hout delay Co the County Election Department a certified copy of t.his resoluEion at. the following address: Mr. Dean C. Logan Registrar- Recorder/County ClerkElection Coordination Unit 12400 Imperial Highway, 2nd F1oor, Room 2003 Norwal-k. CA 90550 SECTION 10: The CiEy Council of the City of Vernon auehorizes the City cIerk, or Deputsy City C1erk, to administer said election and all reasonable and actual elect.ion expenses shalI be paid by the City upon presentat.ion of a properly submitted biIl. 3 SECTTON ].1 :The City Clerk, or DepuEy City C1erk, of Ehe CiEy of Vernon sha1l certify to Ehe passage, approval and adopE.ion of Ehis resoluEion, and the City Clerk, or Deputy City Clerk, of t.he City of Vernon shall cause this resoluE.ion and the City Cterk,s, or Deputy City Clerk's, certification to be enEered in the File of Resolutions of Ehe Council of this City. APPROVED AND ADOPTED this 1st day of November, 20L5. Name: Tit.le: l(ayor / Mayor Pro-Tem ATTEST: CiEy Clerk / Deputy City Clerk APPROVED AS TO , Senior Deputy City Attorney 4 STATE OF CAIIFORNIA ))ss COIJIVTY OF LOS ANGELES ) I,, City Clerk / Deputy City Cterk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopEed by the City Council- of the CiCy of Vernon at a regular meeting of the City Council duly held on T\resday, Novendcer 1, 2015, and Ehereaf E.er was duly signed by the Mayor or Mayor Pro-Tem of lhe City of Vernon. Executed this day of November, 2016 aE Vernon, California. City Clerk / Deputy City Clerk (SEAL) -5- RESOI,UTION NO. A RESOLUTION OF THE CITY COIJNCIL OF THE CITY OF VERNON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COIJNTY OF LOS ANGELES TO RBiIDER SPECTFIED SERVICES TO THE CTTY REI.ATING TO THE CONDUCT OF A GETiIERAL MI]NICIPAL ELECTION TO BE HEI,D ON TUESDAY, APRIL ].1, 201? WHEREAS, on April 7l , 20L7, a ceneral Uunicipal Election will be held in the City of Vernon (the "City"), Cal,ifornia; and WHEREAS, in the course of conducE.ing t.he e1ecE.ion it is necessary for the City Eo request. services of the Countsy of Los Angeles (the "County"); and WHEREAS, all necessary expenses in performing t.hese services shaII be paid by the City. NOW, T'I{EREFORE, BE IT RESOLVED BY THE CITY COTJNCIL OF THE CTTY OF VERNON AS FOLLOWS: SECTfON 1: Pursuant. Eo Ehe provisions of Section L0002 of the Elections Code of Ehe State of California, the Vernon City Council requests that the Los Angeles Councy Board of Supervisors permit the County Electsion Department to prepare and furnish the fotlowing for use in conducEing its elecEion: l-. A list.ing of County precincts with the number of registered voters in each, so the City may consolidate election precinct.s into City vot.ing precincts, and maps of the voting precincts,- 2. The computer record of the names and addresses of all eligible regist.ered voters in the City in order that. the City may: a. Produce labeLs for vote-by-mail vot.ers; b. Print Rosters of Voters and StreeE Indexes; 3. Voter signaE,ure verificaEion services as needed; 4. Make available to the City elecEion equipment and assistance as needed according to statse law. SECTION 2: The City shaII reimburse t.he County for services performed when the work is completed and upon presentat.ion Eo the City of a properly approved bi1l. SECTION 3: The City Clerk, or Deputy City Clerk, is directsed to forward $rithout delay Co Che Board of Supervisors and t.o the County Election DepartmenE, each a cerEified copy of this resolution at the following addresses: a. Board of Supervisors, County of Los Angeles AEtn: Ms. Lori Glasgotr, Executive Officer Kenneth Hahn HalI of Administrat.ion 500 West Temple StreeE, Room 383 Los Angeles, CA 90012 b. Mr. Dean Logan Regis t.rar - Recorder/ Count.y Clerk Elect.ion Coordination Unit. 12400 fmperial Highway, 2nd Floor, Room 2OO3 Nor$ralk, CA 90650 2 SECTION 4:The City Clerk, or DepuEy Cit.y Clerk, of rhe City of Vernon Ehall certify to the passage, approval and adoption of this resolut.ion, and the City C1erk, or Deput.y City Clerk. of E,he City of vernon shaIl cause this resoluE.ion and the City cIerk, s, or Deputy City Clerk's, cert.ification t.o be entered in Ehe File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 1sr day of November, 2015. Name: TiEle: Ylayor / Mayor Pro-Tem ATTEST: Cit.y Clerk / Deputy City Clerk APPROVED AS TO FORM : , Senior Deput.y City Att.orney 3 STATE OF CAIIFORNIA )) ss coulllrY oF Los ANGELES ) t,, City Clerk / Deputy Citsy Clerk of t.he City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of t.he City of vernon at a regular meeEing of the Cit.y Council duly held on Tuesday, November L, 2015, and thereafE.er was duly signed by the Mayor or Mayor Pro-Tem of lhe City of vernon. Executed this day of November, 20!6 at Vernon, California. CiEy Clerk / Depucy Cit.y Clerk (SEAL) -4- RECEIVED ocl 2 7 2016 CIIY CLERt('S OFFICE RECEIVED ocT 27 mt CITY ADMINISTRATION STAFF REPORT % to -?/.-lp PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: TO: FROM: R.E: November 1,2016 Honorable Mayor and City Council Derek Wieske, Director of Public Works, Water and D pment Sewicesil Originator: Anthony Zarate, Administrative Secretary Results of the Tenant Relocation Survey Related to the City's Housing Remodel Project and Possible Divestment of Two City-Owned Housing Units in Huntington Park Recommendations A. Find that the recommendations below are exempt under the Califomia Environmental Quality Act C'CEQA") because such are not a "project" as that term is defined in the CEQA Guidelines Section 15378(b)(2), because such actions constitute an administrative activity; and even if it were a project, it would still be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Conduct a discussion regarding the results of the Tenant Relocation Suwey; and C. Proceed with the Vemon Housing Commission's recommendation to sell the two remaining City-owned housing units located at 6010 Oak Street and 2915 E. 60s Place in the City of Huntington Park; and D. Authorize staff to designate the proceeds from the sale of the two Huntington Park unis solely for capital improvements and other projects related to the existing housing stock in the City of Vemon. Background At its regular meeting on October 4,2016, the City Council directed staff to survey all 6 tenants in the non-remodeled units to ascertain those tenants' willingness to accept a possible offer to relocate to another City-owned housing unit in order to accommodate the ongoing Housing Page I of3 Remodel Project. In October 2016, City staff conducted the Tenant Relocation Survey ("Survey") and personally, hand-delivered the survey to the following housing units: o 3361 Fruitland Avenue. 3365 Fruitland Avenueo 4321Furlong Placeo 4f24 Furlong Placeo 4325 Furlong Placeo 4328 Furlong Place The results of the Survey have been summarized in the attached Tenant Relocation Survey Results. The City received six out of the six sr.rveys sent out to the addresses listed above. Based on the assessment of the Survey results, it has been determined that five of the six tenants in non- remodeled units are willing to relocate, either temporarily or permanently to another unit. Of those five tenants, three indicated a preference in permanently relocating to the remodeled housing unit located at 3353 Fruitland Avenue. Two tenants have an interest in temporarily moving to the 3353 Fruitland unit and one tenant is interested in a temporary relocation to the two-bedroom apartment located at 3376 E. 50th Street. Two tenants are interested in relocating to a different City-owned unit in Vemon that may become available at a later time. One tenant has no interest in either a temporary or a permanent relocation to any unit. None of the tenants surveyed had any interest in relocating to either of the condominiums in the City of Huntington Park, whether temporarily or permanently. The Tenant Relocation Survey and the results of the Survey are included as Attachments I and 2, respectively. As the results of the Survey indicate, the majority of the tenants surveyed are interested in a permanent relocation. In order to occupy the unit at 3353 Fruitland Avenue, staff is proposing to ask the Vemon Housing Commission to conduct a lottery since there is more than one tenant interested in this unit. The lottery would be held at the next Housing Commission meeting scheduled for November 9,2016. Additionally, at the October 4,2016 City Council meeting, the Council was presented with a recommendation from the Vemon Housing Commission to sell the two remaining City-owned units located at 6010 Oak Street and 2915 E. 60'L Place in the City of Huntington Park. At that meeting, staff was directed to conduct a formal survey ofall tenants in the non-remodeled units to ascertain if any tenants had an interest in relocating to the subject units in Huntington Park. The results have confirmed that none ofthe tenants surveyed are interested in moving to the Huntington Park units. Staff is now asking the City Council for authorization to proceed with the sale of the two City-owned housing units in the City of Huntington Park. If the City Council concurs, staff would retain a real estate agent to coordinate an appraisal to assess the current market value for the townhomes, similar to what occurred prior to the recent sale ofthe Stafford homes. It is proposed that once sold, revenues from the sale would be allocated for future remodeling and programmed for capital improvements on the existing City-owned housing stock. Page 2 of 3 Fiscal Imoact Based on the cost for the full remodel of the unit located at 4323 Furlong Place, it would be anticipated that any subsequent remodels would be no more than $150,000. There are sufficient firnds available in the Fiscal Year 2016-2017 Budget to complete two more remodeling projects. Additionally, upon the tenant's relocation to a remodeled unit, the remodeled, vacant unit would immediately begin generating revenue at the current rental rate and the non-remodeled, vacant urit would be next in line for the Housing Remodel Project. Any costs associated with a permanent relocation would include preparing any remodeled unit that becomes available for occupancy, which on average costs approximately $500 per unit and relocating costs ranging from $1,000 to $2,000 per move, dependent on the size ofthe housing unit. If the City Council supports the recommendation to proceed with the divestment of the two units in Hrurtington Park, the anticipated revenue would be approximately $400,000 to $600,000, minus any expenses associated with the sales transaction ofthe two units. As noted above, if City Council elects to sell the subject properties, staff will acquire the services of an independent real estate agent and appraiser, similar to the process used during the recent sale of the Stafford units implemented earlier this year. The City cunently expends approximately $6,240 annually for the home owner's association dues, plus costs related to the routine repair and maintenance for both units. Additionally, ifthe housing units are sold, the City will no longer incur expenses associated with maintenance of the townhomes and home owner association fees. Attachment l. Tenant Relocation Survey 2. Results of Tenant Relocation Survey Page 3 of 3 Tenant Name (Please Print) Tenant Relocation Survey Tenant Signaore Tenant Name (Please Print) Date Subject Property Address Tenant Signatue Date Comments: Interested in Temporary Relocation? Interested in Permanent Relocation? D I am willing to relocate to the currently vacant unit located at 3353 Fruitland Avenue (3 bedroom / I bathroom house). tr I am willing to relocate to the currently vacant unit located at 6010 Oak, #B in the City of Huntington Park (2 bedroom / 2.5 bathroom condominium). tr I am willing to relocate to the currently vacant unit located at 2915 E. 6O'D Place #S in the City of Huntinglon Park (2 bedroom / 2.5 bathroom condominium). tr I am willing to relocate to the currently vacant unit located at 3376 E. 50th Street (2 bedroom / I batkoom apartment). tr I would be interested in either a temporary or permanent relocation to a different City-owned unit in Vemon that may become available. tr I am not interested in either a temporary or permanent relocation to any unit.N/A N/A Please return the completed form by email or in-person by Tuesdev. 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