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2019-08-06 City Council Agenda Packet Page 1 California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the 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, August 06, 2019, 09:00 AM City Hall, Council Chamber 4305 Santa Fe Avenue Vernon, California Melissa Ybarra, Mayor Leticia Lopez, Mayor Pro-Tem William Davis, Council Member Carol Menke, Council Member Vacant, Council Member CALL TO ORDER & FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. PUBLIC HEARING 1. Public Works A Resolution of the City Council of the City of Vernon Approving a Conditional Use Permit for Shewak & Lajwanti Holdings, LLC to Construct and Operate a Retail- Commercial Center Located at 3165 Slauson Avenue Recommendation: A. Conduct a Public Hearing; and B. Adopt a resolution approving a conditional use permit to allow Shewak & Lajwanti Holdings, LLC to construct and operate a retail-commercial center, subject to the conditions of approval for the property located at 3165 Slauson Avenue Regular City Council Meeting Agenda August 06, 2019 Page 2 1. Resolution - Approving CUP for Shewak Lajwanti Holdings LLC 2. Notice of Public Hearing 3. Notice of Intent 4. Affidavit of Mailing 5. CUP Application PRESENTATION 2. Human Resources Recognition of Retired Employee - Martin J. Sanchez, Street Maintenance Worker Recommendation: A. Acknowledge and present a proclamation to retired employee Martin J. Sanchez, Street Maintenance Worker, in recognition of his dedicated service to the City of Vernon. 1. Proclamation - Martin J. Sanchez 3. Police Department Swear-In Ceremony Recommendation: No action is required by City Council. This is a presentation only. 4. Public Works Fiscal Year 2019/2020 Public Works Reorganization/Budget Study Session Recommendation: No action required by City Council. This is a presentation only. 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. 5. City Clerk Claim for Damages from Noe Carrera received on July 15, 2019 Recommendation: A. Receive and File 1. Claim for Damages: N. Carrera 7-15-19 6. City Clerk Claim for Damages from Natalie E. Lloyd received on July 22, 2019 Recommendation: A. Receive and File 1. Claim for Damages: N. Lloyd 7-22-19 Regular City Council Meeting Agenda August 06, 2019 Page 3 7. City Clerk Minutes of the Regular City Council Meeting Held on July 16, 2019 Recommendation: A. Receive and File 2019-07-16 City Council Minutes 8. City Council Approval of Federal Funds for Street Improvements Account Warrant Register No. 29 Covering the Period of July 09 through July 29, 2019 Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant Register No. 29 which totals $8,754.60 and consists of the following: 1) Ratification of electronic payments totaling $8,754.60. 1. Federal Funds for Street Improvements Warrant Register No. 29 9. City Council Approval of Operating Account Warrant Register No. 27 Covering the Period of July 09 through July 29, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 27 which totals $13,808,325.86 and consists of the following: 1) Ratification of electronic payments totaling $13,230,468.15. 2) Ratification of the issuance of early checks totaling $577,857.71. 1. Operating Account Warrant Register No. 27 10. City Council Approval of RDA Obligation Retirement Account Warrant Register No. 54 Covering the Period of June 25 through July 29, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 54 which totals $2,669.04 and consists of the following: 1) Ratification of electronic payments totaling $2,669.04. 1. RDA Obligation Retirement Fund Account Warrant Register No. 54 11. Fire Department Fire Department Activity Report for the Period of July 1 through July 15, 2019 Regular City Council Meeting Agenda August 06, 2019 Page 4 Recommendation: A. Receive and file. 1. Fire Department Activity Report - 07/01/19 to 07/15/19 12. City Administration Council Conference Attendance Report Recommendation: A. Find that receiving this Council Conference Attendance Report is exempt from California Environmental Quality Act ("CEQA") review, because it is an 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; and B. Receive and file. 13. Police Department Vernon Police Department Activity Log and Statistical Summary for the period of June 16 through June 30, 2019 Recommendation: A. Receive and file. 1. Police Department Activity Report - 06/16/19 to 06/30/19 14. Public Utilities Allowed Pumping Allocation Lease with the City of Long Beach Recommendation: A. Find that approval of the proposed action 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 § 15378. B. Approve a lease of 1,000 acre-feet of Allowed Pumping Allocation from the City of Long Beach for fiscal year 2018-2019; and C. Approve a lease of 1,000 acre-feet of Allowed Pumping Allocation to the City of Long Beach for fiscal year 2019-2020; and D. Authorize the City Administrator to execute the Water Rights License and Agreements for the abovementioned leases with the City of Long Beach. 1. FY 2018-2019 Water Rights License and Agreement 2. FY 2019-2020 Water Rights License and Agreement 15. Public Works Public Works Department June 2019 Monthly Building Report Recommendation: Regular City Council Meeting Agenda August 06, 2019 Page 5 A. Receive and File. 1. Public Works Department June 2019 Building Report NEW BUSINESS 16. City Administration A Resolution Approving and Authorizing an Agreement with the Fire Protection District of Los Angeles County for the Provision of Fire Protection, Paramedic and Incidental Services in the City of Vernon Recommendation: A. Find that the adoption of the proposed resolution 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. Adopt a resolution approving and authorizing an agreement with the Fire Protection District of Los Angeles County ("LA County Fire") for the provision of fire protection, paramedic, and incidental services in the City of Vernon. 1. Resolution - Agreement w/ Consolidated Fire Protection District of Los Angeles County 2. Fire Service Comparison Chart 17. City Administration Appointment of Eligible Individuals to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of eligible individuals 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 a current City Council Member to serve on the Vernon CommUNITY Fund Grant Committee in a City Council Seat with a term of July 1, 2019 to June 30, 2021; and C. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in Vernon Area Representative Seat No. 2 with a term of July 1, 2019 to June 30, 2021; and D. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in Vernon Area Representative Seat No. 3 with a term of July 1, 2019 to June 30, 2021; and E. Ratify the Mayor's appointment of Mark Gonzalez to serve on the Vernon CommUNITY Fund Grant Committee to fill an unexpired term in a Legislative Representative Seat until the term expires on June 30, 2020. Regular City Council Meeting Agenda August 06, 2019 Page 6 1. Announcement to Individuals that Reside or Work in the Vernon Area and Prospective Committee Member Interest Form 2. Two Completed Interest Forms for Vernon Area Representative Seat (Redacted) 3. Official Recommendation for Mark Gonzalez from Assemblymember Santiago 18. Human Resources 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: 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 attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, to reflect the following provisions: 1) Amend Section 4: Compensatory Time 2) Amend Section 6: Vacation 3) Amend Section 7: Sick Leave 4) Amend Section 10: Jury Duty 5) Amend Section 14: Vision Insurance 6) Amend Section 15: Life Insurance 7) Amend Section 17: California Public Employees Retirement System (CalPERS) Contribution 8) Amend Section 20: Bilingual Pay 9) Amend Exhibit A Classification and Compensation Plan 1. Resolution - Amended and Restated Citywide Fringe Benefits and Salary Resolution 19. Human Resources A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association 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 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 attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association 1. Resolution - VPMA MOU 2019-2022 Regular City Council Meeting Agenda August 06, 2019 Page 7 20. Human Resources A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers Benefit Association 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 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 attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers Benefit Association. 1. Resolution - VPOBA MOU 2019-2022 21. Human Resources A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Teamsters Local 911 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 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 attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Teamsters Local 911. 1. Resolution - Teamsters MOU 2019-2022 22. Public Utilities A Resolution Approving and Authorizing the Execution of a Master Services Agreement for Upstream Internet Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In Conflict Therewith Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution Approving and Authorizing the Execution of a Master Services Agreement for Upstream Internet Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In Conflict Therewith. 1. Resolution - CenturyLink MSA Regular City Council Meeting Agenda August 06, 2019 Page 8 23. Public Utilities A Resolution Approving and Authorizing the Execution of a Service Level Performance Agreement for Upstream Internet Access Services with Broadband, LLC, and Repealing All Resolutions in Conflict Therewith Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing the execution of a Service Level Performance Agreement for Upstream Internet Access Services with Broadband, LLC, and Repealing All Resolutions in Conflict Therewith. 1. Resolution - Service Level Performance Agreement with Broadband LLC 24. Public Works Approval of Agreement Regarding the Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the Union Pacific Railroad Company and the City of Vernon Recommendation: A. Find that the proposed action – i.e., entering into an agreement with Union Pacific Railroad Company (“Union Pacific”) –is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d) and Section 15303 (New Construction or Conversion of Small Structures) part (d), because the Project is merely to upgrade existing equipment and add an additional appurtenant equipment; and B. Authorize the City Administrator to execute the Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California (“Agreement”) by and between Union Pacific and the City of Vernon (“City”). 1. Public At Grade Crossing Agreement by and between Union Pacific and City of Vernon 25. Public Works The Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the City of Vernon and Marquez Produce, Inc. Recommendation: A. Find that the proposed action – i.e., entering into an agreement with Marquez Produce, Inc. (“Marquez Produce”) –is categorical y exempt under the California Environmental y Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d) and Section 15303 (New Construction or Conversion of Small Structures) part (d), because the Project is merely to upgrade existing equipment and add an additional appurtenant equipment; and Regular City Council Meeting Agenda August 06, 2019 Page 9 B. Authorize the City Administrator to execute the Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California (“Agreement”) by and between City of Vernon (“City”) and Marquez Produce. 1. Public At-Grade Crossing Agreement by and between the City of Vernon and Marquez Produce ORAL REPORTS City Administrator Reports – brief reports on activities and other brief announcements by the City Administrator and Department Heads. CLOSED SESSION 26. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation. Government Code Section 54956.9(d)(2) Number of potential cases: 1 27. CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Teamsters Local 911, IBEW Local 47, Vernon Professional Firefighters Association, Vernon Fire Management Association, Vernon Police Management Association, and Vernon Police Officers’ Benefit Association 28. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Christian N. Moscoso vs. City of Vernon Workers Compensation Appeals Board Case Nos. ADJ10013898 and ADJ10884450 29. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2) Government Code Section 54956.9(d)(1) Bicent (California) Malburg LLC et al. v. City of Vernon et al., Los Angeles Superior Court Case Nos. 19STCV08859 and 19STCP02411 City of Vernon v. Bicent (California) Malburg LLC et al. JAMS Reference No. 1220062657 Regular City Council Meeting Agenda August 06, 2019 Page 10 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 1st day of August 2019. By: __________________________________ Deborah A. Harrington, Interim City Clerk City Council Agenda Item Report Agenda Item No. COV-274-2019 Submitted by: Sergio Canales Submitting Department: Public Works Meeting Date: August 6, 2019 SUBJECT A Resolution of the City Council of the City of Vernon Approving a Conditional Use Permit for Shewak & Lajwanti Holdings, LLC to Construct and Operate a Retail-Commercial Center Located at 3165 Slauson Avenue Recommendation: A. Conduct a Public Hearing; and B. Adopt a resolution approving a conditional use permit to allow Shewak & Lajwanti Holdings, LLC to construct and operate a retail-commercial center, subject to the conditions of approval for the property located at 3165 Slauson Avenue Background: Shewak & Lajwanti Holdings, LLC (the “Applicant”) has submitted an application for a Conditional Use Permit (“CUP”) to construct and operate a retail-commercial center located at 3165 Slauson Avenue in the City of Vernon (the "Project"). The Applicant plans on constructing three (3) one-story buildings totaling 33,250 square feet in size (building no. 1 is approximately 22,000 sq. ft.; building no. 2 is approximately 8,000 sq. ft.; building no. 3 is approximately 3,250 sq. ft.). It is anticipated that up to 6,250 square feet of the center will be for restaurant use, with the remainder utilized for retail. The site is currently being used for warehousing of kitchen cabinets and granite countertops. The Project is proposed to operate from 5:00 a.m. to 12:00 a.m. seven days a week. The Project is in the City’s Commercial-1 (C-1) Overlay District of the Industrial (I) zone, which allows the proposed use subject to the approval of a CUP. Project As previously stated, the proposed Project is for the construction and operation of a 33,250 square foot retail-commercial center, consisting of three (3) one story buildings in the City of Vernon. The total number of employees for the Project is estimated at one hundred eight (108). All businesses are estimated to have a maximum of two shifts staggered throughout the day. Loading and deliveries will occur during non-peak business hours. Materials for the fast food tenants will include food items, packaging and cleaning products. Materials for the commercial businesses are to be determined and specific to the tenants; these are yet to be determined. The site presently contains four functionally obsolete industrial buildings. The proposed site shall be paved with an impermeable surface that meets City of Vernon standards. A traffic report was prepared for this project and also found that sufficient parking will be provided at the site. The proposed site will be supported by a one hundred fifty-nine (159) stall surface parking lot and a one (1) truck parking/loading stall. The parking proposed will provide adequate off-street parking and loading facilities for the proposed operation. City staff has determined that the proposed site and development is consistent with the applicable development standards. Therefore, it is anticipated that all parking activities will be maintained on-site within the premises and will supply adequate parking and loading on-site and will create no impact on neighboring properties. The proposed site is of adequate size, shape and topography for the proposed operation. Access Three driveways to access the site will be provided, one along Boyle Avenue, and the other two on Slauson Avenue. Boyle Avenue and Slauson Avenue are of adequate size and pavement type to handle the traffic generated from the proposed operation. Trucks and automobiles accessing the site will share both driveways. A traffic analysis was conducted to evaluate the traffic impacts associated with the proposed project, at the adjacent intersection. The analysis was conducted both for the morning and evening peak periods. According to the study, it was found that traffic operations in the area will not be adversely effected by the increase in traffic volumes generated by the proposed project. Vehicle Movements The retail-commercial facilities are expected to generate more than three hundred vehicle trips on a typical weekday. Most of the vehicular traffic at the retail-commercial center will occur around the noon hour. Trucks that will deliver/pick-up product and supplies to the proposed site will occur during the early morning hours. Peak traffic hours for the streets in the vicinity occur in the early morning and late afternoon. The retail-commercial’s heavy traffic periods will not coincide with the peak hours of street traffic. The traffic study showed that there would not be any significant impacts to the operation of the neighboring intersections. Therefore, the proposed use will not cause a significant traffic impact. Zoning and General Plan Consistency The proposed Project will be consistent with the City of Vernon’s Zoning Ordinance upon the approval of a CUP. Section 26.4.2-4 of the Comprehensive Zoning Ordinance authorizes commercial uses in the (C-1) Overlay District of the I-Zone with a conditional use permit. The subject site is located in the (C-1) Overlay District of the I-Zone, Industrial, and the Applicant has applied for a CUP. General Plan Compliance The proposed Project will also be consistent with the City’s General Plan upon the approval of the CUP. In accordance with the City of Vernon General Plan, commercial uses are intended to serve industry uses and its employees and are considered an additional authorized land use within the City. Specifically, Policy LU-1.2 of the General Plan states: “Permit only those non-industrial uses, such as commercial and retail uses, which are necessary to support industry, and its employees or may be required by State Law. Limit such uses to the Commercial Overlay District, and permit only with a CUP.” Thus, with the approval of a CUP, the proposed Project will be consistent with Policy LU-1.2 and the City’s General Plan. CEQA Analysis The proposed use is surrounded by properties with industrial and commercial uses that are compatible. No adverse impacts from traffic, parking, noise, odor, dust, or explosion are expected to occur adjacent to abutting properties. An initial study has been conducted for the project in compliance with the California Environmental Quality Act (CEQA). As shown by the initial study, no potentially significant impacts are expected to result from the project, or to the extent potentially significant effects exist, revisions in the project plans or proposals as set forth in the initial study and as made by, or agreed to by Shewak & Lajwanti Holdings, LLC before the proposed mitigated negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effects would occur, and there is no substantial evidence, in light of the whole record before the City, that the project as revised may have a significant effect on the environment. The Director of Public Works has recommended that a Notice of Intent be provided and issued pursuant to CEQA Guidelines section 15072 and a Mitigated Negative Declaration be adopted in compliance with CEQA Guidelines section 15070 et seq. State or Federal Conditions All Federal, State, and local regulatory permits shall be obtained as required for the operation. Staff Findings A CUP shall only be granted if the following findings as required by Section 26.6.3-4 of the Vernon Zoning Code can be made. Staff concludes that the following findings can be made, and recommends that they be made in the following manner: a.The lot for the proposed use is adequate in size, shape and topography, including any required drainage and landscaping; (i) the Project will provide the correct number of parking spaces on site; (ii) the conditions imposed will ensure that the site is developed appropriately for its size, shape and topography; (iii) all components of a standard development project are included, such as a trash bin in an accessible location, and proper frontage and accessibility to nearby streets for the proposed use; and (iv) the site will be constructed to ensure the drainage and landscaping conform to the Vernon Municipal Code. b.The use permitted under the conditional use permit will not adversely affect the interests of the public or the interests of other residents and property owners within the vicinity of the lot in question because; (i) the Project site is surrounded by industrial, warehousing, retail and commercial uses compatible with the proposed use; (ii) the conditions on the Project ensure that the use will not adversely affect the interest of the public or the interests of other residents and property owners in the vicinity; (iii) the site is adequately serviced by nearby streets that have sufficient capacity; (iv) the amount of noise and traffic generated by the proposed use is negligible, and will not adversely affect the public, residents or property owners. c.The proposed use will be compatible with the permitted uses of surrounding and adjacent properties; The proposed use is similar to other retail and commercial uses in the area and will be compatible with the permitted uses of surrounding and adjacent properties because (i) commercial and retail uses may be permitted in the Commercial (C-1) Overlay Zone of the I Zone of the City with a CUP; and (ii) all required parking is provided on-site; and (iii) the conditions ensure that there will not be negative impacts on adjacent properties. d.The lot has adequate off-street parking and loading facilities for the proposed use; (i) the Project site will be supported by a one hundred fifty-nine (159) stall surface parking lot. Therefore, the proposed parking layout will not create an impact on neighboring properties. The site parking areas will be paved with an impermeable surface that meets City of Vernon applicable development standards. e.The use, as to location, operation and design, is consistent with the general plan, any applicable specific plan and the zoning regulations of the City of Vernon, including the City's policy considerations as to acceptable uses in the City; The use as to location, operation and design, is consistent with the City’s Zoning Code and General Plan with the conditions imposed, including the City’s policy considerations as to acceptable uses in the City, because commercial uses that support industry are lawful in the City, and because Section 26.4.2-4(a) of the Zoning Code permits commercial uses in the Commercial (C-1) Overlay Zone of the I Zone with the approval of a CUP. f.The use is consistent with all applicable county, state, and federal laws, rules and regulations; The proposed use is consistent with all applicable local, county, state and federal laws, rules and regulations because the conditions will ensure that there cannot be any significant impact on neighboring properties, and because no law prevents the proposed use of the property. g.The proposed use will not adversely affect the general welfare as a result of noise, increased traffic, interference with the flow of traffic, dust, or other undesirable characteristics; The proposed use will not adversely affect the general welfare as a result of noise, increased traffic, interference with the flow of traffic, dust, or other undesirable characteristics because (i) sufficient parking and loading will be provided for the proposed operation. Traffic operations in the neighboring area will not be adversely effected by the moderate increase in traffic volumes generated by the new facility; (ii) the Project has access to Slauson Avenue, Boyle Avenue and traffic will generally travel on Boyle Avenue to the new facility; Slauson Avenue and Boyle Avenue are of adequate size and pavement type to handle the traffic generated from the proposed operation; (iii) conditions are imposed to ensure the Project does not cause excess noise or impede traffic flow; and (iv) the proposed retail-commercial use will not create dust or impacts that would be undesirable in a largely industrial community. Therefore, the general welfare of the community will not be adversely impacted. h.The conditions stated in the decision are deemed necessary to protect the public health, safety and general welfare. All of the conditions imposed on the Project are necessary to protect the public health, safety and general welfare because the conditions are limited in nature, and ensure that the property is used in the manner promised by the applicant. Conditions It is recommended that the following conditions be set on the permit. These conditions are deemed necessary to protect the public health, safety and general welfare: a.The facility shall be operated in accordance with all current codes, rules, and regulations and subject to fees as adopted by the City of Vernon, the State of California and other governmental agencies not otherwise addressed by this grant of a conditional use permit. b.The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. c.At all times, all parking areas shall be: (1) striped in a manner acceptable to the Director of Public Works; (2) paved with a concrete or asphalt concrete paving or other surface reasonably acceptable to the Director of Public Works; (3) adequately drained; and (4) kept free of potholes, dust, mud, trash and weeds. d.Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises. No inoperative vehicles shall be stored on-site. e.The parking and loading areas shall be maintained substantially in compliance with the site plan as submitted as part of this CUP application, except as otherwise approved in writing by the Director of Public Works. No vehicle parking or staging associated with the facility shall take place on any public street. f.All subject work shall be in accordance with City Standards. No changes shall be made in the site development except with the prior approval of the Director of Public Works. g.Adequate trash receptacles for the public shall be provided onsite to keep litter to a minimum. Trash area shall be maintained in an effort to divert rainfall around enclosure. All litter blown or dropped on the premises or adjacent properties shall be retrieved and containerized on a daily basis. All trash containers shall have tight fitting lids. Trash in the containers shall be removed as frequently as necessary to prevent overflow, but no less frequent than once per week. h.All retail-commercial facilities shall provide accessible restrooms for customers. Restrooms shall be provided at all times when any unit is open and shall be maintained in a clean and sanitary condition. i.All retail food sites shall comply with the California Retail Food Code construction requirements. j.Outdoor display of merchandise shall be prohibited. k.If at any time the Vernon Police Department deems it necessary, the property owner shall prepare for approval by city staff a comprehensive security plan. Said plan, may include, but shall not be limited to the hiring of a State licensed security guard to address specific security needs. l.Employees serving or selling alcohol shall complete Licensee Education on Alcohol and Drugs (“LEAD”) training offered by the State of California Office of Alcohol and Beverage Control. Evidence of completion shall be provided to City Staff upon request. m.No entertainment uses are approved as part of this CUP including but not limited to dance floors, disc jockeys, and live performances. n.The property owner shall reimburse the City of Vernon any expenditure for extraordinary Police and Fire Department costs which result from the need to perform services for the site. Extraordinary costs shall include, but not be limited to Police Department overtime expenses for officers not normally on duty but necessary for duty assignment to the site to maintain community health safety, and welfare. o.The Project shall be operated in a manner that will not impede traffic on Boyle Avenue or Slauson Avenue. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking associated with the Project shall take place offsite or on the public street without prior approval from the Public Works Department. p.The Project’s hours and days of operation of retail, commercial and restaurant uses on the site shall be limited to 5:00 a.m. to 12:00 a.m. (midnight), seven days a week. q.The property owner shall post signs of a reasonable size and expense that state “Unauthorized vehicles will be towed at the owner’s expense, Section 22658 CVC (Towing Company Phone (XXX) XXX-XXXX). City of Vernon Police (323) 587-5171.” r.Surveillance cameras shall be installed and maintained and a two-week DVR that covers all common areas of the business, high-risk areas, entrances and exits and views all areas of the parking lot and to the adjoining streets/sidewalks. The DVR’s shall be made available to the Vernon Police Department upon request. s.The applicant, owner, operator and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manage the facility to discourage illegal, criminal and nuisance activity on the subject premises and any accessory parking areas which have been made available or are commonly utilized for patron parking. t.Upon request by the Vernon Police Department, the Applicant shall post interior and exterior signs advising the public of the closed circuit television cameras. The signs shall be maintained/upgraded as necessary. u.Upon request by the Vernon Police Department, “No Loitering or Public Drinking” signs shall be posted in and outside of the subject facility. Signs shall also be posted stating: “It is a violation of Section 17.7-1 of the Vernon Municipal Code to possess any open bottle, can or receptacle containing any alcoholic beverage which has been opened, or the seal broken or contents of which have been partially removed, on or adjacent to the premises.” Said signs shall be in English, Spanish and any other predominant language of the facility’s clientele. v.Each occupant shall abide to all conditions set on this permit. Each occupant shall indicate in writing its acceptance and agreement with these conditions prior to occupancy. w.The property owner and any successors in interest shall indemnify, hold harmless and defend the City of Vernon, its officers, agents and employees from and against any and all claims, complaints or petitions for: (1) damages, losses, expenses resulting from bodily injury, sickness, disease, disability or death arising from the operation of the facility excluding therefrom any such claim resulting from the sole negligence or intentional wrongdoing of the City of Vernon, its officers, agents or employees; (2) a peremptory writ or other relief by way of injunction, mandamus, or administrative mandamus; and/or (3) legal expenses and attorney’s fees incurred by the City of Vernon on behalf of any party in such actions or proceedings. The City of Vernon does not waive its right to participate in the defense of any such action. x.Not later than twenty (20) days from the date of approval of this CUP, the property owner shall indicate, in writing, its acceptance of and agreement with the conditions herein. The CUP shall be void and of no force or effect unless such written acceptance and agreement is submitted to the City within the twenty-day period. y.Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City of Vernon to void this CUP, or take appropriate enforcement action, including citation and or fines for a violation. Further, it is recommended that the following Mitigation Measures be set on the permit to mitigate environmental concerns from the project: 1.During the construction phases, the site shall be maintained in good condition and secured from public access. Any temporary fencing shall be maintained in good condition and free from graffiti. Any undeveloped surfaces where construction will not occur for more than 90-days shall be maintained free of weeds, rubbish, and construction debris. 2.Once the proposed project is completed, all wall surfaces shall be maintained free of graffiti. Should graffiti appear on one or more of the buildings, the graffiti shall be removed within 72 hours of initial discovery. 3.The project Applicant shall be required to obtain the services of a qualified Native American Monitor during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians, Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, boring, grading, excavation, and trenching, within the project area. The monitor(s) shall be approved by the tribal representatives and the City’s Public Works Director will be present on-site during the construction phases that involve any ground disturbing activities. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for archeological resources. 4.The Applicant shall install ENERGY STAR rated Compact Florescent Lights (CFLs) in all indoor areas that require continuous lighting. CFLs should not be used in rooms or areas that are subject to frequent on/off cycling, as the lifespan of CFLs diminishes when they are frequently turned off. 5.Sub-slab vapor barriers shall be installed below the three new buildings. 6.The curb cuts serving the project site must have sufficient width to accommodate vehicles entering and exiting the site simultaneously. 7.The drive-thru lanes and drive aisles must be designed in a manner to ensure that they do not contribute to vehicle queuing off-site. 8.Truck deliveries must occur during the off-peak hours so that they do not contribute to off-site congestion. 9.Access to the parking stalls must be maintained free and clear at all times. 10.The project Applicant will be required to install Xeriscape, or landscaping with plants that require less water, as an alternative to traditional landscaping and turf. According to the Los Angeles County Department of Public Works, the addition of Xeriscape can reduce outdoor water consumption by as much as 50 percent. 11.The Applicant shall install high-efficiency, WaterSense labeled toilets in order to reduce water consumption. Installing high-efficiency toilets will reduce long term operating costs by consuming less water. The Applicant shall also install WaterSense faucets in all restrooms, which can reduce a sink’s water flow by 30 percent. Fiscal Impact: There is no fiscal impact associated with the adoption of the proposed resolution, however, the City did receive a processing fee of $15,241.25 which was collected by the Planning Division of the Public Works Department. ATTACHMENTS 1. Resolution - Approving CUP for Shewak Lajwanti Holdings LLC 2. Notice of Public Hearing 3. Notice of Intent 4. Affidavit of Mailing 5. CUP Application RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A CONDITIONAL USE PERMIT FOR SHEWAK & LAJWANTI HOLDINGS, LLC TO CONSTRUCT AND OPERATE A RETAIL-COMMERCIAL CENTER LOCATED AT 3165 SLAUSON AVENUE WHEREAS, Shewak & Lajwanti Holdings, LLC (the “Applicant”) has applied for a conditional use permit (“CUP”) to construct and operate a retail-commercial center located at 3165 Slauson Avenue; and WHEREAS, the Applicant plans on constructing three (3) one- story buildings, totaling 33,250 square feet in size (building no. 1 is approximately 22,000 sq. ft.; building no. 2 is approximately 8,000 sq. ft.; building no. 3 is approximately 3,250 sq. ft.); and WHEREAS, the site is currently being used for warehousing of granite and cabinets; and WHEREAS, Section 26.4.2-4 of the Comprehensive Zoning Ordinance of the City of Vernon (the “Zoning Code”) would allow the proposed retail-commercial use in the Commercial (C-1) Overlay Zone of the I Zone, if a CUP is issued; and WHEREAS, the proposed site is located in the Commercial (C- 1) Overlay Zone of the I Zone, Industrial; and WHEREAS, the proposed site is adequate in size, shape and topography for the proposed operation and has adequate parking, landscaping, and drainage system that will be installed pursuant to the Vernon City Code; and WHEREAS, the proposed site is surrounded by industrial, distribution, and retail-commercial uses compatible with the proposed use and no adverse effects from traffic, parking, noise, odors, dust, smoke, light or glare are anticipated from the proposed operation; and -2 - WHEREAS, three driveways to access the site will be provided, one along Boyle Avenue, and two along Slauson Avenue; and WHEREAS, Boyle Avenue and Slauson Avenue are of adequate size and pavement type to handle the traffic generated from the proposed operation; and WHEREAS, UPS type trucks and automobiles accessing the site will share driveways; and WHEREAS, a traffic analysis was conducted to evaluate the traffic impacts associated with the proposed project, at the adjacent intersection; the analysis was conducted both for the morning and evening peak periods; and according to the study, it was found that, traffic operations in the area will not be adversely affected by the moderate increase in traffic volume generated by the proposed project; and WHEREAS, based on the proposed project’s building size, the amount of parking spaces required is in accordance with the Zoning Code; and WHEREAS, the Applicant will be providing one hundred fifty nine (159) parking spaces, and therefore, the parking layout meets the minimum parking requirements for a retail-commercial use as specified by the Zoning Code; and WHEREAS, it is anticipated that no overflow parking onto adjacent side streets will occur; and WHEREAS, City staff has determined that the proposed site and development of the property is consistent with the applicable development standards, and therefore, all parking and loading activities will be maintained on-site within the premises and will supply adequate parking and loading onsite for the new development; -3 - and WHEREAS, the Public Works Department issued an Initial Study dated May 15, 2018, to determine whether the proposed project will have adverse impacts on the environment and has determined that the proposed project will not have a significant adverse effect on the environment, and the Director of Public Works has recommended that a Mitigated Negative Declaration be adopted in compliance with the California Environmental Quality Act (“CEQA”); and WHEREAS, the City of Vernon has provided notice of its intent to adopt a Mitigated Negative Declaration for the proposed project and has provided a public review period of not less than 30 days, as required by the CEQA Guidelines; and WHEREAS, the conditions imposed on the CUP will adequately protect the public health, safety and general welfare and the operation is consistent with all applicable rules and laws of the City of Vernon; and WHEREAS, the proposed use, as to location, operation and design is consistent with the General Plan and Zoning Ordinance of the City of Vernon with approval of a CUP; and WHEREAS, in accordance with the City of Vernon General Plan Land Use Goal LU-1, the proposed commercial use will not inhibit manufacturing as the primary land use within the City; and WHEREAS, Policy LU-1.2 of the General Plan states, “Permit only those non-industrial uses, such as commercial and retail uses, which are necessary to support industry, and its employees...”; and WHEREAS, Policy LU-1.2 also requires the City to limit commercial uses to the Commercial (C) Overlay Zone, and to permit them only with a CUP; and -4 - WHEREAS, the City Council of the City of Vernon held a public hearing on the application for a CUP on August 6, 2019; and WHEREAS, the City Council has received a Staff Report, dated August 6, 2019, upon which it has relied in making the foregoing recitals. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon further finds that all persons have had the opportunity to be heard or to file written comments to the proposed Project and after due consideration of all the evidence submitted at the public hearing determines that there are compelling reasons to justify granting a CUP. SECTION 3: The City Council of the City of Vernon further finds on the basis of the whole record before it (including the Initial Study) that there is no substantial evidence that the proposed project could have a significant effect on the environment, within the meaning of CEQA, and that the Mitigated Negative Declaration reflects the City’s independent judgment and analysis, and on the basis of said findings the City Council hereby approves and adopts the Mitigated Negative Declaration for the proposed project. SECTION 4: The custodian of records for the Project and all other material that constitute the record of proceedings upon which the City Council’s decision is based in the Office of the City Clerk of the City of Vernon and are available for public review in the Office of the City Clerk located at 4305 Santa Fe Avenue, Vernon, CA 90058. -5 - SECTION 5: Pursuant to Section 711.4(c) of the Fish and Game Code, the City has found no evidence that the proposed project will have the potential for adverse effects on wildlife resources. SECTION 6: The City Council of the City of Vernon hereby approves the Initial Study dated May 15, 2018, a copy of which has been submitted to the City Council concurrently herewith, and the Interim City Clerk is directed to receive and file. Such document and other materials which constitute the record of proceedings in this matter shall be maintained in the Office of the City Clerk who is and shall be the custodian thereof. SECTION 7: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk’s designee, to file a Notice of Determination in regard to the environmental impact of said CUP. SECTION 8: Subject to the conditions set forth below, the City Council of the City of Vernon hereby approves the CUP for the Project based on the following findings as required by Section 26.6.3- 4 of the Vernon Zoning Code: a. The lot for the proposed use is adequate in size, shape, and topography, including any required drainage and landscaping because (i) the Project will provide the correct number of parking spaces on site; (ii) the conditions imposed will ensure that the site is developed appropriately for its size, shape and topography; (iii) all components of a standard development project are included, such as a trash bin in an accessible location, and proper frontage and accessibility to nearby streets for the proposed use; and (iv) the site will be constructed to ensure the drainage and landscaping conform to the Vernon Municipal Code. -6 - b. The proposed use will not adversely affect the interest of the public or the interests of other residents and property owners in the vicinity of the Project because (i) the Project site is surrounded by industrial, warehousing, retail and commercial uses compatible with the proposed use; (ii) the conditions on the Project ensure that the use will not adversely affect the interest of the public or the interests of other residents and property owners in the vicinity; (iii) the site is adequately serviced by nearby streets that have sufficient capacity; (iv) the amount of noise and traffic generated by the proposed use is negligible, and will not adversely affect the public, residents or property owners. c. The proposed use is similar to other retail and commercial uses in the area and will be compatible with the permitted uses of surrounding and adjacent properties because (i) commercial and retail uses may be permitted in the Commercial (C-1) Overlay Zone of the I Zone of the City with a CUP; and (ii) all required parking is provided on-site; and (iii) the conditions ensure that there will not be negative impacts on adjacent properties. d. The lot has adequate off-street parking facilities for this proposed use, as the Project site will be supported by a one hundred fifty-nine (159) stall surface parking lot. Therefore, the proposed parking layout will not create an impact on neighboring properties. The site parking areas will be paved with an impermeable surface that meets City of Vernon applicable development standards. e. The use as to location, operation and design, is consistent with the City’s Zoning Code and General Plan with the conditions imposed, including the City’s policy considerations as to acceptable uses in the City, because commercial uses that support -7 - industry are lawful in the City, and because Section 26.4.2-4(a) of the Zoning Code permits commercial uses in the Commercial (C-1) Overlay Zone of the I Zone with the approval of a CUP. f. The proposed use is consistent with all applicable local, county, state and federal laws, rules and regulations because the conditions will ensure that there cannot be any significant impact on neighboring properties, and because no law prevents the proposed use of the property. g. The proposed use will not adversely affect the general welfare as a result of noise, increased traffic, interference with the flow of traffic, dust, or other undesirable characteristics because (i) sufficient parking and loading will be provided for the proposed operation. Traffic operations in the neighboring area will not be adversely effected by the moderate increase in traffic volumes generated by the new facility; (ii) the Project has access to Slauson Avenue, Boyle Avenue and traffic will generally travel on Boyle Avenue to the new facility; Slauson Avenue Avenue and Boyle Avenue are of adequate size and pavement type to handle the traffic generated from the proposed operation; (iii) conditions are imposed to ensure the Project does not cause excess noise or impede traffic flow; and (iv) the proposed commercial/retail use will not create dust or impacts that would be undesirable in a largely industrial community. Therefore, the general welfare of the community will not be adversely impacted. h. All of the conditions imposed on the Project are necessary to protect the public health, safety and general welfare because the conditions are limited in nature, and ensure that the property is used in the manner promised by the applicant. SECTION 9: The following conditions are imposed on the CUP. -8 - These conditions are deemed necessary to protect the public health, safety and general welfare: a. The facility shall be operated in accordance with all current codes, rules, and regulations and subject to fees as adopted by the City of Vernon, the State of California and other governmental agencies not otherwise addressed by this grant of a conditional use permit. b. The facility shall be operated in a manner that will prevent unsanitary conditions, odors or other nuisances. c. At all times, all parking areas shall be: (1) striped in a manner acceptable to the Director of Public Works; (2) paved with a concrete or asphalt concrete paving or other surface reasonably acceptable to the Director of Public Works; (3) adequately drained; and (4) kept free of potholes, dust, mud, trash and weeds. d. Servicing of vehicles, including but not limited to, washing, steam cleaning and repairing, shall not be permitted on the premises. No inoperative vehicles shall be stored on-site. e. The parking and loading areas shall be maintained substantially in compliance with the site plan as submitted as part of this CUP application, except as otherwise approved in writing by the Director of Public Works. No vehicle parking or staging associated with the facility shall take place on any public street. f. All subject work shall be in accordance with City Standards. No changes shall be made in the site development except with the prior approval of the Director of Public Works. g. Adequate trash receptacles for the public shall be provided onsite to keep litter to a minimum. Trash area shall be maintained in effort to divert rainfall around enclosure. All litter -9 - blown or dropped on the premises or adjacent properties shall be retrieved and containerized on a daily basis. All trash containers shall have tight fitting lids. Trash in the containers shall be removed as frequently as necessary to prevent overflow, but no less frequent than once per week. h. All retail-commercial facilities shall provide accessible restrooms for customers. Restrooms shall be provided at all times when any unit is open and shall be maintained in a clean and sanitary condition. i. All retail food sites shall comply with the California Retail Food Code construction requirements. j. Outdoor display of merchandise shall be prohibited. k. If at any time the Vernon Police Department deems it necessary, the property owner shall prepare for approval by city staff a comprehensive security plan. Said plan, may include, but shall not be limited to the hiring of a State licensed security guard to address specific security needs. l. Employees serving or selling alcohol shall complete Licensee Education on Alcohol and Drugs (“LEAD”) training offered by the State of California Office of Alcohol and Beverage Control. Evidence of completion shall be provided to City Staff upon request. m. No entertainment uses are approved as part of this CUP including but not limited to dance floors, disc jockeys, and live performances. n. The property owners shall reimburse the City of Vernon any expenditure for extraordinary Police and Fire Department costs which result from the need to perform services for the site. Extraordinary costs shall include, but not be limited to Police -10 - Department overtime expenses for officers not normally on duty but necessary for duty assignment to the site to maintain community health safety, and welfare. o. The Project shall be operated in a manner that will not impede traffic on Boyle Avenue or Slauson Avenue. All vehicles shall enter and exit the site in a front forward manner. No maneuvering or vehicle parking associated with the Project shall take place offsite or on the public street without prior approval from the Public Works Department. p. The Project’s hours and days of operation of retail, commercial and restaurant uses on the site shall be limited to 5:00 a.m. to 12:00 a.m. (midnight), seven days a week. q. The property owner shall post signs of a reasonable size and expense that state “Unauthorized vehicles will be towed at the owner’s expense, Section 22658 CVC (Towing Company Phone (XXX) XXX-XXXX). City of Vernon Police (323) 587-5171.” r. Occupants shall install and maintain their own surveillance cameras and a two-week DVR that covers all common areas of their respective business, high-risk areas, entrances and exits and views all areas of their respective parking lot and to the adjoining streets/sidewalks. The DVR’s shall be made available to the Vernon Police Department upon request. s. The applicant, owner, operator and on-site manager(s) shall comply with all applicable laws and conditions and shall properly manage the facility to discourage illegal, criminal and nuisance activity on the subject premises and any accessory parking areas which have been made available or are commonly utilized for patron parking. -11 - t. Upon request by the Vernon Police Department, the Applicant shall post interior and exterior signs advising the public of the closed circuit television cameras. The signs shall be maintained/upgraded as necessary. u. Upon request by the Vernon Police Department, “No Loitering or Public Drinking” signs shall be posted in and outside of the subject facility. Signs shall also be posted stating: “It is a violation of Section 17.7-1 of the Vernon Municipal Code to possess any open bottle, can or receptacle containing any alcoholic beverage which has been opened, or the seal broken or contents of which have been partially removed, on or adjacent to the premises.” Said signs shall be in English, Spanish and any other predominant language of the facility’s clientele. v. Each occupant shall adhere to all conditions set on this permit. Each occupant shall indicate in writing its acceptance and agreement with these conditions prior to occupancy. w. The property owner and any successors in interest shall indemnify, hold harmless and defend the City of Vernon, its officers, agents and employees from and against any and all claims, complaints or petitions for: (1) damages, losses, expenses resulting from bodily injury, sickness, disease, disability or death arising from the operation of the facility excluding therefrom any such claim resulting from the sole negligence or intentional wrongdoing of the City of Vernon, its officers, agents or employees; (2) a peremptory writ or other relief by way of injunction, mandamus, or administrative mandamus; and/or (3) legal expenses and attorney’s fees incurred by the City of Vernon on behalf of any party in such actions or proceedings. The City of Vernon does not waive its right to -12 - participate in the defense of any such action. x. Not later than twenty (20) days from the date of approval of this CUP, the property owner shall indicate, in writing, its acceptance of and agreement with the conditions herein. The CUP shall be void and of no force or effect unless such written acceptance and agreement is submitted to the City within the twenty-day period. y. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City of Vernon to void this CUP, or take appropriate enforcement action, including citation and or fines for a violation. SECTION 10: It is recommended that the following Mitigation Measures be included as conditions for the granting of the permit to mitigate environmental concerns from the project, and adequately protect the public health, safety and general welfare: 1. During the construction phases, the site shall be maintained in good condition and secured from public access. Any temporary fencing shall be maintained in good condition and free from graffiti. Any undeveloped surfaces where construction will not occur for more than 90-days shall be maintained free of weeds, rubbish, and construction debris. 2. Once the proposed project is completed, all wall surfaces shall be maintained free of graffiti. Should graffiti appear on one or more of the buildings, the graffiti shall be removed within 72 hours of initial discovery. 3. The project Applicant shall be required to obtain the services of a qualified Native American Monitor during construction- related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians, -13 - Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, boring, grading, excavation, and trenching, within the project area. The monitor(s) shall be approved by the tribal representatives and the City’s Public Works Director will be present on-site during the construction phases that involve any ground disturbing activities. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for archeological resources. 4. The Applicant shall install ENERGY STAR rated Compact Florescent Lights (CFLs) in all indoor areas that require continuous lighting. CFLs should not be used in rooms or areas that are subject to frequent on/off cycling, as the lifespan of CFLs diminishes when they are frequently turned off. 5. Sub-slab vapor barriers shall be installed below the three new buildings. 6. The curb cuts serving the project site must have sufficient width to accommodate vehicles entering and exiting the site simultaneously. 7. The drive-thru lanes and drive aisles must be designed in a manner to ensure that they do not contribute to vehicle queuing off-site. 8. Truck deliveries must occur during the off-peak hours so that they do not contribute to off-site congestion. 9. Access to the parking stalls must be maintained free and clear at all times. 10. The project Applicant will be required to install Xeriscape, or landscaping with plants that requires less water, as an -14 - alternative to traditional landscaping and turf. According to the Los Angeles County Department of Public Works, the addition of Xeriscape can reduce outdoor water consumption by as much as 50 percent. 11. The Applicant shall install high-efficiency, WaterSense labeled toilets in order to reduce water consumption. Installing high- efficiency toilets will reduce long term operating costs by consuming less water. The Applicant shall also install WaterSense faucets in all restrooms, which can reduce a sink’s water flow by 30 percent. SECTION 11: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of August, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney -15 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2019, at Vernon, California. Deborah Harrington, Interim City Clerk (SEAL) City of Vernon ~`~~`~I~9~:c~1~ ~~ ~~~TI~L~CC H~~I~~~~`~1c~ 4305 Santa Ise Avenue Vei•no», CA 90058 (323) 583-881 1 Tlie City COL111C11 Of t~le Cl~ Of V~1'llOil ~~'II~ COIIC~UCt a Plll~IlC I~Ierit'lll~, ~~~llicl~ yoi~ may attend. PLACE: Vernon City Hall City Council Chambers 43 QS Santa Fe Avenue Vernon, CA 90058 DATE & Tuesday, August 6, 2019 at 9:00 a.m. TIME: (o►• as soon tllei•eaftei• as the mattes• can be heal•d) APPLICANT: She~i~ak & L~j«ranti Holdings, LLC —Vernon Plaza I2EQUCST: Shewak & Lajwanti Holdings, LLC is requesting approval of a conditional use permit to construct and operate aretail-commercial center. The proposed use will consist of three (3) one-story buildings totaling 33,250 square feet in size. It is anticipated that up to 6,250 square feet of the center will be for restaurant use with the remainder being retail uses. The Project is proposed to operate from S:OQ a.m. to 12:00 a.m. seven days a week. PROPERTY 3165 Slauson Avenue, Vernon, CA 900.58 INVOLVED: REVIEW OF: The application, plans, and supporting information are available for THE FILE: public review during normal business hours in the Vernon Public Works Department, located at 4305 Santa Fe Avenue, Vernon, CA 90058, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. PROPOSCll Staff plans to recommend that the Vernon City Council adopt a Mitigated Negative C~QA Declaration thereby determining that the ~~►-oject will not have a significant effect on FINllING: the environment pursuant to the California Environmental Quality Act (CEQA). The conditions imposed on the conditional use permit are designed to protect the environment, public health, safety and general welfare. If you challenge the granting of the conditional use permit, or the CEQA documentation or finding, 0I' ~lil}~ provisions thereof in court, you may be limited to raising only those issues you or someone else raised at tfle hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior• to, the meeting. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811 ext. 546. The hearinb r»ay be conti►lued or adjourned or cancelled and rescheduled to a stated time and place without fi~t-tlle~• ~lotice of a public l~eal•i~lg. Dated: 06/03/2019 - . M r•ia Ayala, ~ y Cler•lc O F ~'FI~~ .~~ JLtsO~,r O O ~ • ;, - P NOTICE OF INTENT s~ `s~~Ftr troy TO ADOPT A MITIGATED NEGATIVE DECLARATION To: Q County Clerk, County of Los Angeles Environmental Filings 12400 E. Imperial Highway Norwalk, CA 90650 q Office of Planning &Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Q Interested Individuals, Groups &Agencies From: City of Vernon Planning Division 4305 Santa Fe Avenue Vernon, CA 90058 Subject: Filing of Notice of Intent to adopt a Mitigated Negative Declaration (MND) pursuant to Section 21092 and 21092.3 of the Public Resources Code and CEQA Guidelines Section 15072 and 15073 Project Title: Vernon Plaza State Clearinghouse Number (if submitted to State Clearinghouse): N/A Project Location: 3165 Slauson Avenue, Vernon, CA 90058 -Los Angeles County Project Description: Shewak & Lajwanti Holdings, LLC has submitted an application for a conditional use permit to construct and operate aretail-commercial center located at 3165 Slauson Avenue, Vernon, CA 90058. The proposed use will consist of three (3) one-story buildings totaling 33,250 square feet in size. It is anticipated that up to 6,250 square feet of the center will be for restaurant use with the remainder being retail uses. The site is currently being used for warehousing of granite and cabinets. The Project is proposed to operate from 5:00 a.m. to 12:00 a.m. seven days a week. Documents for Review: A copy of the Initial Study for the proposed retail-commercial center and proposed MND are available for public review at the address mentioned below between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. Written comments on the MND must be submitted no later than Thursday, July 25, 2019, to the address below. Please send your comments and the name of the contact person to: Signature: Date: f~ .~ ~ Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Email: dwall(u~ci.vernon.ca.us Title: ~~ ~~~'~ ~ Q~-T~$l.~ L jj(~01~ AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, Sergio Canales, Assistant Planner of the City of Vernon, do hereby certify that on Monday, June 6, 2019, mailed a copy of Notice of Intent and Notice of Public Hearing, regarding a Conditional Use Permit for Shewak & Lajwanti Holdings, LLC located at 3165 Slauson Avenue in the City of Vernon, California, to the interested parties and agencies on the attached list, by United States Mail with postage. Date: ~ ~ l~ a Se io Canales, Assistant Planner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. State of California ) ss County of Los Angeles ) On Zd before me, ~ , nota rY public, personally appeared Sergio Canales who proved to me on the basis of satisfactory evidence to be the person{} whose nameFs-} is/tee subscribed to the within instrument and acknowledged to me that he~;~~e ~ executed the same in hiss/~ authorized capacitY~, and that by his~e~ signatures on the instrument the person}, or the entity upon behalf of which the person(-} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my and and official seal. ,y ANTHONY XARATf ~- ~ COMM. #2281333 ~ ~° t~ Notary Public •California o z Los Angeles County Signature ~ ,. Comm, Ex fires Mar. 17, 2023 S nature of Notary Public '~ ~ ~ vERti`,,4 `,~;o~,., .OZ _; . ±, tGs<<'ELY iNOVfte NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION To: From: Q County Clerk, Coun~-y of Los Angeles City of Vernon Environmental Filings Planning Division 12400 E. Imperial Highway 4305 Santa Fe Avenue Norwalk, CA 90650 Vernon, CA 90058 q Office of Planning &Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Q Interested Individuals, Groups &Agencies Subject: Filing of Notice of Intent to adopt a Mitigated Negative Declaration (MND) pursuant to Section 21092 and 21092.3 of the Public Resources Code and CEQA Guidelines Section 15072 and 15073 Project Title: Vernon Plaza State Clearinghouse Number (if ,SZ[lIl)1lIlL'd to .State Clearinghoarse): N/A Project Location: 3165 Slauson Avenue, Vernon, CA 90058 —Los Angeles County Project Description: Shewak & I.ajwanti Holdings, LLC has submitted an application for a conditional use permit to construct and operate aretail-commercial center located at 3165 Slauson Avenue, Vernon, CA 90058. The proposed use will consist of three (3) one-story buildings totaling 33,250 square feet in size. It is anticipated that up to 6,250 square feet of the center will be for restaurant use with the remainder bein; retail uses. The site is currently being used for warehousing of granite and cabinets. The Project is proposed to operate from 5:00 a.m. to 12:00 a.m. seven days a week. Documents for Review: A copy of the Initial Study for• the proposed retail-commercial center• and proposed MND are available for public review at the address mentioned below between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. Written comments nn the MND must be submitted no later than Thursday, July 25, 2019, to the address below. Please send your comments and the name of the contact person to: Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 {323) 583-88I 1 Email: dwall(a~ci.vernon.ca.us Signature: Date: ~.~ o _ Title: ~~ ~~~'~ ~ D~-~~$l~ ~ jj{~Q1,~ C~~r~~~ ~~ Vernon NOTICE ~F P~.7~~IC HEARING 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 T11e City Council of tl~e Cite of Ver~nc~n ~~ ill co»dtlet a F'ul~lic f-Ieal~i~1~~, ~~~hicl~ ~~ou ttia~r atte»d. PLACE: Vernon City Hall City Council Chambers 43QS Santa Fe Avenue Vernon, CA 9x058 DATE ~ Tiiesclay, flubust 6, X019 at 9:0() ~.r~~. TIME: (or' as soon ti~el~eaftei~ as the Matter can be heard) APPLICANT: ~he~v~k ~ Laj~vanti ~-io(clings, LLC — ~~eriion Piaza REQUEST: Shewalc 8c Lajwanti Holdings, LL,C is requesting approval of a conditional use permit to construct and operate aretail-commercial center. The proposed use will consist of three (3) one-story buildings totaling 33,250 square feet in size. It is anticipated that up to 6,250 square feet of the center will be for restaurant use with the remainder• being retail uses. The Project is proposed to operate from 5:00 a.m. to 12:00 a.m. seven days a week. PROPERTY 31t~ ~lauson A~~e~iue,'~e~'I]OIl~ C,A 9{)08 INVOLVED: REVIEW OF: The application, plans, and suppo►~ting information are available for THE FILE: public review during normal business hours in the Vernon Public Wo►~l:s Uepai-t~tle~~t. located at 4305 Santa Fe Avenue, Vernon, CA 90058, between the ho~u~s of~ 7:1 ~ a.~T~ and 5:15 p.m. Monday thi•ougll Thursday. PROPOSED Staff plans to recommend that the Vernon City Council adopt a Mitigated Negative CEQA Declaration thereby determining that the project will not have a significant effect on FINDING: the envit•onment pursuant to the California Environmental Quality Act (CEQA). The conditions imposed on the conditional use permit are designed to protect the environment, ~ntblic health, safety and general welfare. If you challenge the granting of the conditional use permit, or the CEQA documentation or finding, or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the heat'lIlb described in this notice oz• in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in tfle meeting, please contact the Office of the City Clerk at (323) X83-881 1 ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without fiu-ther notice of a public hearing. Dated: 06/03/2019 • ti~l~ria A~~ala, ~ Clerk Easy Peel ~~ Labels i ¨ ~ Bend along line to ~ ~ AVERY 5160 i Use Avery Template 5160 j Feed Paper ~~ expose Pop-up EdgeTM j ~~; ;, 1 City of Huntingto rk Lucille Roybal-Allard John Kinas Planning De ment Congresswoman United States Aluminum 6550 ' es Avenue S00 Citadel Drive, Ste 320 3663 Bandini Boulevard ntington Park, CA 90255 Commerce, CA 90040 Vernon, CA 90023 L.A. County Board of Su _ea-visors Director of Planni Gloria Molina Ms. Gutierrez James Hertl — oom 1390 Board of Supervisors 924 S. Mott Street 320 W. ~ mple Street 500 W. Temple St., Ste 856 Los Angeles, CA 90023 L Angeles, CA 90012 Los Angeles, CA 90012 South Coast Air Qualit gmt City of Long Beach James H. Hillands District (AQMD Office of the City Manager Heger Realty Corp. 21865 E. C y Drive 333 W. Ocean Blvd., 13th floor 5657 E. Washington Blvd. Diam Bar, CA 91765 ./O Long Beach, CA 90802 Los Angeles, CA 90040 Brian Scanlon E.J. Contreras Joseph R. Garruba L.A. County Public s Owens-Brockway California Portland Cement Co. Mapping & P erty Mgm h 2901 Fruitland Avenue 2025 E. Financial Way 900 S. F ont Avenue, 10 Floor Vernon, CA 90058 Glendora, CA 91740 A.1 bra, CA 91803 City of Commerce California Water Service Comp. ~•J• Little Planning Depa ent J.J. Little Company, Inc. 2535 Co erce Way 3316 West Beverly Boulevard 9945 Mal~ar Drive Com~ce, CA 90040 Montebello, CA 90640 Whittier, CA 90603 City of Bell Marisa Ol~uin L.R. Luppen Planning De ent Chamber of Commerce Metal Products Engineering 6330 Pin reet 2724 Leonis Boulevard 3050 Leonis Boulevard Bel A 90201 Vernon, CA 90058 Vernon, CA 90058 City of Cudahy Maywood Mutual Water• Co. 3 Ellen Orlando Planning Depa ent 6151 Heliotrope Avenue Karen Lehner 5220 San na Street Maywood, CA 90?70 2300 E. 11 Street Cud y, CA 90201 Los Angeles, CA 90021 L.A. County S ' att` ion District L.A. County Flo ontrol District Dave Karrker P.O. Box 8 900 S. Fre t Avenue California Water Service Wttier, CA 90607 8~h r ~ 524 E. Sheila Street hambra, CA 91803 Commerce, CA 90022 City of Maywo~o,~-~`-~` L.A. Unified Scho istrict So. Cal Edison Planning ~D artment Office of Env' mental Health &Safety 1924 Cashdan Street 431 ~l~isOn Avenue 333 So eaudry Ave., 20 Floor Compton, CA 90220 IV~aywood, CA 90270 L ngeles, CA 90017 Attn: Mike Frazier ttention: Glenn Striegler Suk Chon City of Los An es County of Los An es Planning ~D artment Department ublic Worl:s 200 ~N ~rfh Spring St. Land elopment Division Lo~°"Angeles, CA 90012 P .Box 1460 Alhambra, CA 91802-1460 Etiquettes faciles a peter ; '~` Repiiez a la hachure afin de ; www.avery.com Utilisez le aabarit AVERY 5160 ~ Sens de TM ~ 1-800-GO-AVERY 1 i{~~rnc~mt~r~4 reveler le rebord Pop-up , Easy Peel? Labels i ¨ fiend along line to ~ ~ AVERY 5160 Use Avery Template 5160 j Feed Paper ~~ expose Pop-up EdgeTM ~ ~ Reynan L. Ledesma The Gas Company (So. Cal Gas Co.) Department of Water &Power L.A. P.O. Box 3150 111 N. Hope Street San Dimas, CA 91773 Los Angeles, CA 90012 Burlington Northern Santa Fe Railroad 3770 E. Washington Blvd. Los Angeles, CA 90023 L.A. Junction Railroad 4433 Exchange Avenue Vernon, CA 90058 Etiquettes faciles a peter i '~ Repliez a la hachure afin de Utilisez le gabarit AVERY 5160 ~ lh5en~s dent reveler le rebord Pop-upTM www.avery.com 1-800-GO-AVERY 0918/09lS~ tiany sang a~qi#zdwoo ww Lg x ww gZ;ewao~ ap a~anbi~3 0918/0915 tiany u~ir,~ a~gi~~dwao „8/5 Z X ,~ l azis ~aqe~ .s3~adls 6310-006-013 1 3251 SLAUSON LLC 3251 E SLAUSON AVE VERNON CA 90058 6310-007-003 4 HOWARD &BARBARA NORTON 20670 CORSAIR BLVD HAYWARD CA 94545 63]0-007-807 10-I1 6310-027-808 UNION PACIFIC R R CO 1700 FARNAM ST 10TH FLR OMAHA NE 68102 6310-012-008 & 009 14-I S KIDS FROM THE VALLEY X LLC PO BOX 55047 LOS ANGELES CA 90055 6310-018-024 19 JUMA PROPERTIES LLC 703 N RODEO DR BEVERLY HILLS CA 90210 6310-027-900 22 I,A CITY PO BOX 151 SAN PEDRO CA 90733 6310-006-014 2 SANDBERG FURNITURE MFG CO INC 5705 ALCOA AVE LOS ANGELES CA 90058 6310-007-006,010,011 5-7 SHEWAK & LAJWANTI HOLDINGS LLC 5601 DOWNEY RD VERNON CA 90058 6310-011-007 12 E & L PROPERTIES LLC 5700 BICKETT ST HUNTINGTON PARK CA 6310-006-016 3 DAVID &GRACE TONG 9433 LOWER AZUSA RD TEMPLE CITY CA 91780 6310-007-805 8-9 6310-027-802 SOU PAC TRANS CO 1700 FARNAM ST 10TH FLR OMAHA NE 68102 6310-011-008 13 1900 WALNUT 5801 S $OYLE AVE 90255 VERNON CA 90058 6310-01S-018 & 022 16-17 KNR LLC 8306 WILSHIRE BLVD 1675 BEVERLY HILLS CA 90211 6310-027-023 20 IMYCRIAI, REAI, ~STATG HOLDINGS LP 1525 S BROADWAY LOS ANGELES CA 90015 6310-027-901 23 LONG BEACH CITY PO BOX 570 LONG BEACH CA 90801 6310-018-023 18 HOME DEPOT USA INC PO BOX 105842 ATLANTA GA 30348 6310-027-037 21 ADAYA ASSET SLAUSON LLC 11400 OLYMPIC BLVD #860 LOS ANGELES CA 90064 STAPLES' label size 1" x 2 5/8"compatible with Avery X5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avery X5160/8160 T ~ Aa3AV-09-008-1 - ~ ~„~dn-dod paogaa a~ aa~~naa ~.uawa~aey~ ~ ,~,,0968/~0965 pJ~213/1b' ~!aege6 a~ zasi~i}~ ~• worlGanennnnnn ~ apsuas , ap ui;e amq~ey e~ e za~~dag ,~ , aa~ad e sa~iae~. sa~anb~~~ 6310-006-016 3 6310-007-003 ~ 4 6310-0~7-006 5 OCCUPANT OCCUPANT OCCUPANT 5725 ALCOA AVE 5800 S BOYLE AVE 3165 E SLAUSON AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-007-006 5 6310-007-006 5 6310-011-007 12 OCCUPANT _ OCCUPANT OCCUPANT 3171 E SLAUSON AVE 5816 S BOYLE AVE 5675 S BOYLE AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-011-007 12 6310-012-008 14 6310-018-018 16 OCCUPANT OCCUPANT OCCUPANT 5701 S BOYLE AVE 3081 E SLAUSON AVE 3090 E SLAUSON AVE VERNON CA 90058 HUNTINGTON PARK CA 90255 HUNTINGTON PARK CA 90255 6310-018-023 18 6310-018-024 19 6310-027-023 20 OCCUPANT OCCUPANT OCCUPANT 3020 E SLAUSON AVE 3060 E SLAUSON AVE 3200 E SLAUSON AVE HUNTINGTON PARK CA 90255 VERNON CA 90058 VERNON CA 90058 6310-027-037 21 6310-027-037 21 6310-027-037 21 OCCUPANT OCCUPANT OCCUPANT 3100 E SLAUSON AVE 3120 E SLAUSON AVE 3130 E SLAUSON AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-027-037 21 6310-027-037 21 6310-027-037 21 OCCUPANT OCCUPANT OCCUPANT 3140 E SLAUSON AVE 3144 E SLAi1SON AVE 3l 66 E SLAUSON AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-027-037 21 6310-027-037 21 6310-027-037 21 OCCUPANT OCCUPANT OCCUPANT 3170 E SLAUSON AVE 3188 E SLAUSON AVE 6152 S BOYLE AVE VERI`TON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-027-037 21 6310-027-037 21 6310-027-037 21 OCCUPANT OCCUPANT OCCUPANT 6170 S BOYLE AVE 6172 S BOYLE AVE 6190 S BOYLE AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 ~ w jQ~Z9 A~~~ ~~ ~ W1aBp3 do-dod asodxa ~,~ waded paa~ r w~091.8/p0915 a~e~dutal ~fiaand ash O 1e`T~/~ ~ o; wail 6uote puag ..~„ o ~ s~aaei .~,188d /tSBa AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, Sergio Canales, Assistant Planner of the City of Vernon, do hereby certify that on Monday, June 6, 2019, mailed a copy of Notice of Intent, Initial Study, and Notice of Public Hearing regarding a Conditional Use Permit for Shewak & Lajwanti Holdings, LLC located at 3165 Slauson Avenue in the City of Vernon, California, to the interested parties and agencies on the attached list, by United States Mail with postage. Date: ~ ~ j~ Sergi anales, Assistant Planner A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of the document. State of California ) ss County of Los Angeles ) On ~ before me, ,notary public, persona y appeared Sergio Canales who proved tom on the basis of satisfactory evidence to be the person{} whose name{-s~} is/tee subscribed to the within instrument and acknowledged to me that he~~~e~;~e~ executed the same in hiss/~ authorized capacity{~es~, and that by his~~ e~~ signature{-s~ on the instrument the person}, or the entity upon behalf of which the person{-s-} acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ANTHONYZARATE WITNESS m hand and official seal. ~ ~~'~ ~4 ~ ~~, COMM. #2281333 z °~ _ ~► Notary Public •California o z ~ . Los Angeles County -- M Comm, Ex fires Mar. 17, 2023 Signature Signature of Notary Public ~F vFR ~'~ ~~ io~~v ~' ~/~ ~ O'~ %, ' kiln ~' d ~! `GB~Vftr it+OJ~~~ NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION To: Q County Clerk, County of Los Angeles Environmental Filings 12400 E. Imperial Highway Norwalk, CA 90650 q Office of Planning &Research 1400 Tenth Street, Room 121 Sacramento, CA 95814 Q Interested Individuals, Groups &Agencies From: City of Vernon Planning Division 4305 Santa Fe Avenue Vernon, CA 90058 Subject: Filing of Notice of Intent to adopt a Mitigated Negative Declaration (MND) pursuant to Section 21092 and 21092.3 of the Public Resources Code and CEQA Guidelines Section 15072 and 15073 Project Title: Vernon Plaza State Clearinghouse Number (rf submitted to State Clearinghouse): N/A Project Location: 3165 Slauson Avenue, Vernon, CA 90058 -Los Angeles County Project Description: Shewak & Lajwanti Holdings, LLC has submitted an application for a conditional use permit to construct and operate aretail-commercial center located at 31'65 Slauson Avenue, Vernon, CA 90058. The proposed use will consist of three (3) one-story buildings totaling 33,250 square feet in size. It is anticipated that up to 6,250 square feet of the center will be for restaurant use with the remainder being retail uses. The site is currently being used for warehousing of granite and cabinets. The Project is proposed to operate from 5:00 a.m. to 12:00 a.m. seven days a week. Documents for Review: A copy of the Initial Study for the proposed retail-commercial center and proposed MND are available for public review at the address mentioned below between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. Written comments on the MND must be submitted no later than Thursday, July 25, 2019, to the address below. Please send your comments and the name of the contact person to: Signature: Date: ~ .~ ,p 1 ~1 Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Email: dwall(a,ci.vernon.ca.us Title: ~~ ~~~'~ ~ ~~-~~ 81.E ~ ~t~s CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 1 MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA CONDITIONAL USE PERMIT (CUP) 3165 EAST SLAUSON AVENUE VERNON, CALIFORNIA 90058 LEAD AGENCY: CITY OF VERNON PUBLIC WORKS DEPARTMENT 4305 SOUTH SANTA FE AVENUE VERNON, CALIFORNIA 90058 REPORT PREPARED BY: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING 2211 SOUTH HACIENDA BOULEVARD, SUITE 107 HACIENDA HEIGHTS, CALIFORNIA 91745 MAY 15, 2018 VERN 001 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 2 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ~ MITIGATED NEGATIVE DECLARt1TION &INITIAL STUDY VERNON PLA7.A ~ 3165 F~sT Sr_.ausorr AvErruE ~ CONDITIONAL USE PERMIT (CUP MITIGATED NEGATIVE DECLARATION PROJECT NAME: Vernon Plaza. APPLICANT: Mr. Bhart Manwani, Shewak & Lajwanti Holdings, LLC. 560 Downey Road, Vernon, CA 90058. PROJECT ADDRESS: 3165 East Slauson Avenue. Assessor Parcel Number (APN): 63io-ooh-006, 63io-ooh-oio, 63io-ooh-oii. CITY & COUNT'Y: Vernon, Los Angeles County. PROJECT: The City of Vernon Public Works Department, in its capacity as the Lead Agency, is reviewing an application that would allow for the construction of a new retail center within a 2.92-acre site. The site is located on the north side of Slauson Avenue and the east side of Boyle Avenue. The site's Assessor's Parcel Numbers include: 63io-ooh-006, 6310-ooh-oio, and 63io-ooh-oii. The project will consist of 33~00o square feet of commercial development including a 22,000 square-foot retail building; an 8,000 square-foot retail building; and a 3,000 square-foot quick serve restaurant with a 250 square-foot patio area. The three buildings will occupy 26 percent of the site and will have a Floor Area Ratio (FAR) of 0.26. Approximately 61 percent (~8,0~o square feet) of the site will be paved, providing sufficient land area for 159 parking stalls. Landscaping will total 1o,29i square feet, or eight percent of the project site. Access to the project will be provided by two driveway connections located along the north side of Slauson Avenue. A third driveway connection w111 be installed along the east side of Boyle Avenue. The site is presently occupied by industrial development, which will need to be demolished to accommodate the project. The proposed development is considered to be a project pursuant to the California Environmental Quality Act (CEQA). FINDINGS: The City of Vernon has determined that a Mitigated Negative Declaration is the appropriate CEQA document for the proposed project. The following findings may be made based on the analysis contained in the attached Initial Study: • The construction and subsequent operation of the proposed project will not have the potential to degrade the quality of the environment. • The construction and subsequent operation of the proposed project will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals. • The construction and subsequent operation of the proposed project will not have impacts that are individually limited, but cumulatively considerable, when considering planned or proposed development. • The construction and subsequent operation of the proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly. The environmental analysis is provided in the attached Initial Study prepared for the proposed project. Contact: ~ ~ Date: ~,,,~~ 3. zo! PAGE 3 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 4 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 5 TABLE OF CONTENTS Section Page 1.0 Introduction ....................................................................................... 7 1.1 Purpose of Initial Study ......................................................................................................... 7 1.2 Initial Study’s Organization ................................................................................................... 8 1.3 Initial Study Checklist ............................................................................................................ 8 2.0 Project Description .......................................................................... 17 2.1 Project Overview .................................................................................................................. 17 2.2 Project Location ................................................................................................................... 17 2.3 Environmental Setting ......................................................................................................... 21 2.4 Project Description ............................................................................................................. 25 2.5 Discretionary Actions........................................................................................................... 31 3.0 Environmental Analysis ................................................................... 33 3.1 Aesthetic Impacts ................................................................................................................. 34 3.2 Agricultural & Forestry Resources Impacts ........................................................................ 37 3.3 Air Quality Impacts .............................................................................................................. 39 3.4 Biological Resources Impacts .............................................................................................. 46 3.5 Cultural Resources Impacts ................................................................................................. 49 3.6 Geology & Soils Impacts ...................................................................................................... 53 3.7 Greenhouse Gas Emissions Impacts ................................................................................... 59 3.8 Hazards & Hazardous Materials Impacts ............................................................................ 64 3.9 Hydrology & Water Quality Impacts ................................................................................... 69 3.10 Land Use & Planning Impacts ............................................................................................. 74 3.11 Mineral Resources Impacts ................................................................................................. 77 3.12 Noise Impacts ...................................................................................................................... 79 3.13 Population & Housing Impacts ........................................................................................... 85 3.14 Public Services Impacts ...................................................................................................... 88 3.15 Recreation Impacts .............................................................................................................. 91 3.16 Transportation & Circulation Impacts ............................................................................... 92 3.17 Tribal Cultural Resources ................................................................................................... 112 3.18 Utilities ................................................................................................................................ 115 4.0 Conclusions .....................................................................................121 4.1 Mandatory Findings of Significance ................................................................................... 121 5.0 References ..................................................................................... 123 5.1 Preparers ............................................................................................................................ 123 5.2 References .......................................................................................................................... 123 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 6 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 7 SECTION 1 INTRODUCTION 1.1 PURPOSE OF INITIAL STUDY The City of Vernon Public Works Department, in its capacity as the Lead Agency, is reviewing an application that would allow for the construction of a new retail center within a 2.92-acre site. The site is located on the north side of Slauson Avenue and the east side of Boyle Avenue. The site’s Assessor’s Parcel Numbers include: 6310-007-006, 6310-007-010, and 6310-007-011. The project will consist of 33,000 square feet of commercial development including a 22,000 square-foot retail building; an 8,000 square- foot retail building; and a 3,000 square-foot quick serve restaurant with a 250 square-foot patio area. The three buildings will occupy 26 percent of the site and will have a Floor Area Ratio (FAR) of 0.26. Approximately 61 percent (78,070 square feet) of the site will be paved, providing sufficient land area for 159 parking stalls. Landscaping will total 10,291 square feet, or eight percent of the project site. Access to the project will be provided by two driveway connections located along the north side of Slauson Avenue. A third driveway connection will be installed along the east side of Boyle Avenue. The site is presently occupied by industrial development, which will need to be demolished to accommodate the project.1 The project is considered to be a project pursuant to the California Environmental Quality Act (CEQA). As part of the proposed project’s environmental review, the City of Vernon has authorized the preparation of this Initial Study. The primary purpose of the CEQA is to ensure that decision-makers and the public understand the environmental implications of an action or project and to ascertain whether the proposed project will have the potential for significant adverse impacts on the environment once it is occupied. Pursuant to the CEQA Guidelines, additional purposes of this Initial Study include the following: ● To provide the City of Vernon with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), a Mitigated Negative Declaration, or a Negative Declaration for the project; ● To facilitate the proposed project’s environmental assessment early in the planning phases; ● To eliminate unnecessary EIRs; and, ● To determine the nature and extent of any new impacts associated with the proposed project.2 Although this Initial Study was prepared with consultant support, the analysis, conclusions, and findings made as part of its preparation fully represent the independent judgment and position of the City of Vernon, in its capacity as the Lead Agency. The City determined that a Mitigated Negative Declaration is the appropriate environmental document for the proposed project’s CEQA review. A 20-day public review period will be provided to allow these entities and other interested parties to comment on the proposed 1 Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 2 California, State of, Title 14. California Code of Regulations. Chapter 3. Guidelines for the Implementation of the California Environmental Quality Act as Amended 2000. (CEQA Guidelines) § 15050. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 8 project and the findings of this Initial Study. Questions and/or comments should be submitted to the following contact person: Mr. Daniel Wall City of Vernon Public Works Department 4305 South Santa Fe Avenue Vernon, California 90058 1.2 INITIAL STUDY’S ORGANIZATION The following annotated outline summarizes the format and content of this Initial Study: ● Section 1 Introduction, provides the procedural context surrounding this Initial Study's preparation and insight into its composition. The CEQA Checklist is also included in this Section. ● Section 2 Project Description, provides an overview of the affected area along with a description of the proposed project’s physical and operational characteristics. This section also identifies the related projects used in the analysis of cumulative impacts. ● Section 3 Environmental Analysis, includes an analysis of potential impacts associated with the implementation of the proposed project. ● Section 4 Conclusions, identifies the Mandatory Findings of Significance related to the proposed project’s approval and subsequent implementation. ● Section 5 References, identifies the sources used in the preparation of this Initial Study. 1.3 INITIAL STUDY CHECKLIST The City of Vernon has determined that a Mitigated Negative Declaration (MND) is the appropriate CEQA document for the proposed project’s environmental review. The following findings may be made based on the analysis completed as part of this Initial Study’s preparation: ● The proposed project will not have the potential to degrade the quality of the environment. ● The proposed project will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals. ● The proposed project will not have impacts that are individually limited, but cumulatively considerable. ● The proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 9 The findings of this Initial Study are summarized in Table 1-1 provided below and on the following pages. Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact Section 3.1 Aesthetic Impacts. Would the project: a) Have a substantial adverse affect on a scenic vista? X b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? X c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare that would adversely affect day- or night-time views in the area? X Section 3.2 Agriculture & Forestry Resources Impacts. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c) Would the project conflict with existing zoning for or cause rezoning of, forest land (as defined in Public Resources Code §4526), or zoned timberland production (as defined by Government Code §51104[g])? X d) Would the project result in the loss of forest land or the conversion of forest land to a non-forest use? X e) Involve other changes in the existing environment that, due to their location or nature, may result in conversion of farmland to non-agricultural use? X Section 3.3 Air Quality Impacts. Would the project: a) Conflict with or obstruct the implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 10 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Section 3.4 Biological Resources Impacts. Would the project have a substantial adverse effect: a) Either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service? X b) On any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? X c) On Federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) In interfering substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory life corridors, or impede the use of native wildlife nursery sites? X e) In conflicting with any local policies or ordinances, protecting biological resources, such as a tree preservation policy or ordinance? X f) By conflicting with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? X Section 3.5 Cultural Resources Impacts. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the CEQA Guidelines? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the CEQA Guidelines? X c) Directly or indirectly destroy a unique paleontological resource, site, or unique geologic feature? X d) Disturb any human remains, including those interred outside of dedicated cemeteries? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 11 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact Section 3.6 Geology & Soils Impacts. Would the project result in or expose people to potential impacts involving: a) The exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault (as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault), ground-shaking, liquefaction, or landslides? X b) Substantial soil erosion or the loss of topsoil? X c) Location on a geologic unit or a soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Location on expansive soil, as defined in California Building Code (2012), creating substantial risks to life or property? X e) Soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Section 3.7 Greenhouse Gas Emissions Impacts. Would the project: a) Result in the generation of greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Increase the potential for conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of greenhouse gases? X Section 3.8 Hazards & Hazardous Materials Impacts. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment or result in reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 12 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact d) Be located on a site, which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5, and as a result, would it create a significant hazard to the public or the environment? X e) Be located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or a public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) Within the vicinity of a private airstrip, result in a safety hazard for people residing or working in the project area? X g) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury, or death involving wild lands fire, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? X Section 3.9 Hydrology & Water Quality Impacts. Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge in such a way that would cause a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? X d) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner that would result in flooding on- or off-site? X e) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f) Substantially degrade water quality? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 13 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area, structures that would impede or redirect flood flows? X i) Expose people or structures to a significant risk of flooding because of dam or levee failure? X j) Result in inundation by seiche, tsunami, or mudflow? X Section 3.10 Land Use Impacts. Would the project: a) Physically divide an established community, or otherwise result in an incompatible land use? X b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, proposed project, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation or natural community conservation plan? X Section 3.11 Mineral Resources Impacts. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, proposed project, or other land use plan? X Section 3.12 Noise Impacts. Would the project result in: a) Exposure of persons to, or the generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of people to, or the generation of, excessive ground- borne noise levels? X c) Substantial permanent increase in ambient noise levels in the project vicinity above noise levels existing without the project? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 14 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact d) Substantial temporary or periodic increases in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located with an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Section 3.13 Population & Housing Impacts. Would the project: a) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Section 3.14 Public Services Impacts. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives in any of the following areas: a) Fire protection services? X b) Police protection services? X c) School services? X d) Other governmental services? X Section 3.15 Recreation Impacts. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Affect existing recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 15 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact Section 3.16 Transportation & Circulation Impacts. Would the project: a) Cause a conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to, intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? X c) A change in air traffic patterns, including either an increase in traffic levels or a change in the location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Section 3.17 Tribal Culture Resources. Would the project cause a substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). X b) A resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the Lead Agency shall consider the significance of the resource to a California Native tribe. X Section 3.18 Utilities Impacts. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 16 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X f) Be served by a landfill with insufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g) Comply with Federal, State, and local statutes and regulations related to solid waste? X Section 3.19 Mandatory Findings of Significance. The approval and subsequent implementation of the proposed project: a) Will not have the potential to degrade the quality of the environment, with the implementation of the recommended standard conditions and mitigation measures included herein. X b) Will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals, with the implementation of the recommended standard conditions and mitigation measures referenced herein. X c) Will not have impacts that are individually limited, but cumulatively considerable, when considering planned or proposed development in the immediate vicinity, with the implementation of the recommended standard conditions and mitigation measures contained herein. X d) Will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of the recommended standard conditions and mitigation measures contained herein. X e) This Initial Study indicated there is no evidence that the proposed project will have an adverse effect on wildlife resources or the habitat upon which any wildlife depends. X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 17 SECTION 2 PROJECT DESCRIPTION 2.1 PROJECT OVERVIEW The City of Vernon Public Works Department, in its capacity as the Lead Agency, is reviewing an application that would allow for the construction of a new retail center within a 2.92-acre site. The site is located on the north side of Slauson Avenue and the east side of Boyle Avenue. The site’s Assessor’s Parcel Numbers include: 6310-007-006, 6310-007-010, and 6310-007-011. The project will consist of 33,000 square feet of commercial development including a 22,000 square-foot retail building; an 8,000 square- foot retail building; and a 3,000 square-foot quick serve restaurant with a 250 square-foot patio area. The three buildings will occupy 26 percent of the site and will have a Floor Area Ratio (FAR) of 0.26. Approximately 61 percent (78,070 square feet) of the site will be paved, providing sufficient land area for 159 parking stalls. Landscaping will total 10,291 square feet, or eight percent of the project site. Access to the project will be provided by two driveway connections located along the north side of Slauson Avenue. A third driveway connection will be installed along the east side of Boyle Avenue. The site is presently occupied by industrial development, which will need to be demolished to accommodate the project.3 2.2 PROJECT LOCATION The proposed project site is located within the southern portion of the City of Vernon. The City of Vernon’s boundary abuts the City of Los Angeles to the south and east and is located approximately two miles southeast of Downtown Los Angeles. Vernon is bound by the cities of Los Angeles and Commerce to the north; the City of Los Angeles to the west; the cities of Huntington Park and Maywood to the south; and the cities of Commerce and Bell to the east.4 The City of Huntington Park’s corporate boundaries extend along a 108 feet segment along the west side of Boyle Avenue opposite the project site. Major physiographic features located within and in the vicinity of the City include the Los Angeles River, which traverses through the eastern portion of the City; and the San Gabriel Mountains, located approximately 15 miles to the north of the City.5 Regional access to the City of Vernon is provided by the Long Beach Freeway (I-710), with on and 0ff-ramps connections with Atlantic Avenue and Bandini Boulevard. The project site’s legal address is 3165 East Slauson Avenue. The Los Angeles County Assessor Parcel Numbers (APNs) that are applicable to the site are 6310-007-006, 6310-007-010, and 6310-007-011. Major roadways in the vicinity of the project site include Washington Boulevard, located approximately two miles to the north; Slauson Avenue, located along the south side of the project site; Soto Street, located 0.39 miles to the west; and Atlantic Avenue, located 1.54 miles to the east of the project site.6 The City’s location in a regional context is illustrated in Exhibit 2-1. In addition, a citywide map is illustrated in Exhibit 2-2 and a local map is provided in Exhibit 2-3. 3 Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 4 Quantum GIS and the Southern California Association of Governments. 5 Google Earth. Website accessed January 5, 2017. 5 Ibid. 6 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 18 EXHIBIT 2-1 REGIONAL LOCATION MAP Source: Quantum GIS CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 19 EXHIBIT 2-2 CITYWIDE MAP Source: Quantum GIS Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 20 EXHIBIT 2-3 LOCAL AREA Source: Quantum GIS Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 21 2.3 ENVIRONMENTAL SETTING The 2.92-acre site is located in the midst of an industrial area and is surrounded on all sides by industrial and commercial development. Exhibit 2-4 includes an aerial photograph of the project site and the adjacent development. Surrounding land uses in the vicinity of the project site are described below: ● North of the project site. Norton Packaging, a packaging firm specializing in the packaging of paint/coatings, food products, lubricants, and chemicals/cleaners abuts the project site to the north.7 ● South of the project site. Slauson Avenue extends along the south side of the project site. Various industrial uses occupy frontage along the south side of Slauson Avenue. These uses are located in an industrial park and include NBS Corporation, a fastener importer, and Romas R Us, a logistics company specializing in transporting produce. ● East of the project site. A railroad right-of-way (ROW) extends along the project site’s eastern boundary in a north-south orientation. Additional industrial development is located east of the aforementioned ROW.8 ● West of the project site. Boyle Avenue extends along the western side of the project site. Various uses including an LA Fitness and Update-International, a supplier of professional cookware and other food preparation supplies, occupy frontage along the west side of Boyle Avenue.9 The LA Fitness is located within the corporate boundaries of Huntington Park. The project site presently contains four older industrial buildings. Two of these existing buildings are located in the western portion of the project site. The two remaining buildings are located in the eastern portion of the project site. Of the two buildings that are located in the western portion of the site, one occupies the northwest corner of the site while the other occupies frontage along the north side of Slauson Avenue. Apex Kitchen Cabinets and Granite Countertops currently operates out of these two buildings. One of the two buildings located in the eastern half of the site occupies frontage along Slauson Avenue while the last building is located in the northeast corner of the site. The companies that operate out of the building located along Slauson Avenue include APS Finishing, MAC incorporated, and IQ Tile, Inc. GRS, a cloth cutting business, occupies the fourth building located in the northeast corner of the site. All four buildings feature are in poor condition. The site itself is covered over in cracked and stained asphalt. Minimal vegetation is present on-site and the most prominent species are the two palm trees located in the western portion of the site. The north, west, and portions of the south side of the project site are fenced off by a wall that consists of a concrete block base and a chain link top. Portions of the eastern boundary are fenced off by a chain link fence with added barbed wire. Photographs of project site are provided in Exhibits 2-5 and 2-6. 7 Blodgett Baylosis Environmental Planning. Site survey. Survey was conducted on January 4, 2017. 8 Ibid. 9 Google Earth. Website accessed January 5, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 22 EXHIBIT 2-4 AERIAL PHOTOGRAPH Source: Google Maps Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 23 View of the western portion of the project site facing northwest. View of the western portion of the project site facing northeast. EXHIBIT 2-5 PHOTOGRAPHS OF THE PROJECT SITE Source: Blodgett Baylosis Environmental Planning CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 24 View of the eastern portion of the project site facing northwest. The adjacent railroad ROW is shown in the foreground. View of the buildings that occupy frontage along Slauson Avenue facing west. EXHIBIT 2-6 PHOTOGRAPHS OF THE PROJECT SITE Source: Blodgett Baylosis Environmental Planning CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 25 Other notable uses within the vicinity of the project site include Huntington Park High School, located 0.35 miles to the southwest; San Antonio Elementary School, located 0.38 miles to the south of the site; Pacific Boulevard School, located 0.49 miles to the west of the site; and Loma Vista Avenue Elementary School, located 0.59 miles to the east of the site.10 2.4 PROJECT DESCRIPTION 2.4.1 PHYSICAL CHARACTERISTICS OF PROPOSED PROJECT As indicated previously, the proposed project will involve the construction of a new retail center within the 2.92-acre site. The proposed project will consist of two retail buildings and a quick service restaurant, which are described in detail below: ● Site Plan. The 127,515 square-foot (2.92-acre) project has a lot width of 514 feet (west-to-east) a lot depth (north-to-south) of 252 feet. Once constructed, the proposed project will be developed as a commercial center that will have a maximum floor area ratio (FAR) of 0.26 and a lot coverage of 26 percent.11 The project site consists of three parcels including a former railroad right-of-way (ROW) that is a spur track. ● Quick Service Restaurant. A new quick service restaurant will be erected within the site’s southwestern corner. This quick service restaurant will total 3,000 square feet of floor area and will be equipped with a drive-thru. The drive-thru lane will have the capacity to accommodate 11 vehicles. This restaurant building’s dimensions will be approximately 76 feet by and a depth of 38 feet. A 250 square-foot open air patio with outdoor seating will also be provided.12 ● Retail Building 1. A 22,000 square-foot retail building will be constructed within the site’s northeast corner. This retail building’s dimensions will be 138 feet by approximately 169 feet. A single dock door will be installed along the building’s northwest corner.13 ● Retail Building 2 or Medical Office. This building will be located along the property’s northern boundary and will have a total floor area of 8,000 square feet, a width of 166 feet and 8 inches, and a depth of 48 feet. This building will consist of 5,000 square feet of retail and a 3,000 square-foot take-out restaurant with a 250 square-foot patio, though an option to use this building as a medical office is also proposed.14 ● Parking and Access. A total of 159 parking stalls will be supplied for the proposed project. These parking spaces will be distributed throughout the 78,070 square-foot paving area, which comprises 10 Google Earth. Website accessed January 5, 2017. 11 Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 12 Ibid. 13 Ibid. 14 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 26 approximately 61 percent of the site. Access to the project site will be provided by a total of three driveways. The two driveways that will connect to Slauson Avenue will have a width of 35 feet and 40 feet. The driveway that will provide access to Boyle Avenue will have a width of 40 feet.15 ● Landscaping. Landscaping will total 10,291 square feet and will occupy approximately eight percent of the project site. Landscaping will be planted along the site’s frontage with Boyle Avenue and Slauson Avenue. Additional landscaping will be provided within the parking areas and around portions of the three buildings.16 The proposed project is summarized in Table 2-1. The proposed site plan is provided in Exhibit 2-7 and the building elevations are provided in Exhibits 2-8 through 2-10. Table 2-1 Project Summary Table Project Element Description Site Area 127,515 sq. ft. (2.92 acres) Total Building Area 33,000 sq. ft. Quick Service Restaurant + Patio 3,000 sq. ft. + 250 sq. ft. Retail Building 1 22,000 sq. ft. Retail Building 2/Take Out Restaurant 8,000 sq. ft. Landscaping 10,291 sq. ft. Lot Coverage and FAR 26% and 0.26 FAR Vehicle Parking Spaces Provided 159 spaces Truck Doors 1 (to be installed along the western side of Retail Building 1) Source: Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 2.4.2 OPERATIONAL CHARACTERISTICS The quick service restaurant will have operating hours between 6:00 AM to 12:00 PM seven days a week. The two retail buildings will be open from 6:00 AM to 12:00 PM seven days a week. The proposed project as a whole is projected to employ a total of approximately 108 people. The quick service restaurant will employ approximately 28 people. The two retail buildings will employ approximately 80 people (59 for Retail Building 1 and 21 for Building Area 2).17 15 Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 16 Ibid. 17 City of Aspen. Employment Generation Rate Updates. Study dated February 13, 2013. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 27 Boyle Avenue EXHIBIT 2-7 CONCEPTUAL SITE PLAN Source: Michael Caley Architect North CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 28 EXHIBIT 2-8 CONCEPTUAL ELEVATIONS Source: Michael Caley Architect CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 29 EXHIBIT 2-9 CONCEPTUAL ELEVATIONS Source: Michael Caley Architect CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 30 EXHIBIT 2-10 CONCEPTUAL ELEVATIONS Source: Michael Caley Architect CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 31 2.4.3 CONSTRUCTION CHARACTERISTICS The construction of the phase for the proposed project would take approximately 13 months to complete. The key construction phases are outlined below: ● Demolition. This initial phase will involve the demolition and removal of the existing on-site improvements including the four buildings. This phase will take approximately one month to complete. ● Site Preparation. The project site will then be readied for the construction of the new retail development. This phase will take approximately one month to complete. ● Grading. This phase will involve the grading of the site. This phase will take approximately one month to complete. ● Construction. The three new retail buildings will be constructed during this phase. This phase will take approximately six months to complete. ● Paving. The 78,070 square-foot paving area will be constructed during this phase. This phase will take approximately one month to complete. ● Landscaping and Finishing. This phase will involve the installation of the landscaping and the completion of the on-site improvements. This phase will last approximately three months. 2.5 DISCRETIONARY ACTIONS A Discretionary Action is an action taken by a government agency (for this project, the government agency is the City of Vernon) that calls for an exercise of judgment in deciding whether to approve a project. The proposed project will require the following approvals: ● The approval of a Conditional Use Permit (CUP) to permit the construction and operation of commercial/retail uses within the C-1 overlay zone per Section 26.4.2-4 of the City’s Zoning Ordinance; ● The adoption of the Mitigated Negative Declaration; and, ● The adoption of the Mitigation Monitoring and Reporting Program (MMRP). CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 32 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3 ● ENVIRONMENTAL ANALYSIS PAGE 33 SECTION 3 ENVIRONMENTAL ANALYSIS This section of the Initial Study analyzes the potential environmental impacts that may result from the proposed project’s implementation. The issue areas evaluated in this Initial Study include: ● Aesthetics (Section 3.1); ● Agricultural & Forestry Resources (Section 3.2); ● Air Quality (Section 3.3); ● Biological Resources (Section 3.4); ● Cultural Resources (Section 3.5); ● Geology & Soils (Section 3.6); ● Greenhouse Gas Emissions; (Section 3.7); ● Hazards & Hazardous Materials (Section 3.8); ● Hydrology & Water Quality (Section 3.9); ● Land Use & Planning (Section 3.10); ● Mineral Resources (Section 3.11); ● Noise (Section 3.12); ● Population & Housing (Section 3.13); ● Public Services (Section 3.14); ● Recreation (Section 3.15); ● Transportation & Circulation (Section 3.16); ● Tribal Cultural Resources (Section 3.17); ● Utilities (Section 3.18); and, ● Mandatory Findings of Significance (Section 3.19). The environmental analysis contained in this section reflects the Initial Study Checklist format used by the City of Vernon Public Works Department in its environmental review process pursuant to the CEQA Guidelines. Under each issue area, an assessment of impacts is provided in the form of questions and answers. The analysis contained herein serves as a response to the individual questions. For the evaluation of potential impacts, questions are stated and an answer is provided according to the analysis undertaken as part of this Initial Study's preparation. To each question, there are four possible responses: ● No Impact. The approval and subsequent implementation of the proposed project will not have any measurable environmental impact on the environment. ● Less Than Significant Impact. The approval and subsequent implementation of the proposed project may have the potential for affecting the environment, although these impacts will be below levels or thresholds that the City of Vernon or other responsible agencies consider to be significant. ● Less Than Significant Impact with Mitigation. The approval and subsequent implementation of the proposed project may have the potential to generate impacts that will have a significant impact on the environment. However, the level of impact may be reduced to levels that are less than significant with the implementation of mitigation measures. ● Potentially Significant Impact. The approval and subsequent implementation of the proposed project may result in environmental impacts that are significant. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.1 ● AESTHETIC IMPACTS PAGE 34 3.1 AESTHETIC IMPACTS 3.1.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse aesthetic impact if it results in any of the following: ● An adverse effect on a scenic vista; ● Substantial damage to scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway; ● A substantial degradation of the existing visual character or quality of the site and its surroundings; or, ● A new source of substantial light and glare that would adversely affect day-time or night-time views in the area. 3.1.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project affect a scenic vista? ● No Impact. The project site is in the midst of an industrial area that is located north of Slauson Avenue and east of Boyle Avenue. The 2.92-acre site is surrounded on all sides by commercial and industrial uses. This existing development currently obstructs views of the San Gabriel Mountains and Puente Hills. However, views of the San Gabriel Mountains are available facing north on Boyle Avenue. Once complete, the proposed project will not negatively impact any significant views since the existing industrial development restricts views of the aforementioned scenic vistas. The project will not introduce a building that may obstruct the line-of-sight between Boyle Avenue and the San Gabriel Mountains because all of the proposed buildings will be located on-site. Furthermore, there are no uses located in the immediate area that would be sensitive to a loss in views. The site in its present state exhibits blight and the buildings that occupy the site are dated. The approval of the proposed project will aid the City in enhancing the appearance of Slauson Avenue and Boyle Avenue and a key entryway to the City. As a result, the proposed project’s implementation will not result in any impacts with respect to scenic vistas. B. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ● No Impact. According to the California Department of Transportation (Caltrans), neither Slauson Avenue nor Boyle Avenue are designated scenic highways.18 The site is currently developed and does not contain any scenic rock outcroppings. The existing vegetation found on-site consists of species most commonly found in an 18 California Department of Transportation. Official Designated Scenic Highways. www.dot.ca.gov CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.1 ● AESTHETIC IMPACTS PAGE 35 urban environment. Lastly, the project site does not contain any buildings listed in the State or National registrar (refer to Section 3.5). As a result, no impacts will occur. C. Would the project result in a substantial degradation of the existing visual character or quality of the site and its surroundings? ● Less than Significant Impact with Mitigation. As noted previously, the project site exhibits blight and the buildings that occupy the site are dated and poorly maintained. The site is covered over in cracked and stained asphalt. Minimal amounts of vegetation consisting mostly of palm trees are spread throughout the paved areas. Once constructed, the proposed project will enhance the visual character and quality of the site by introducing development characterized by façade treatments, new paved areas, and drought tolerant landscaping. Landscaping will be provided along the site’s frontages with Boyle Avenue and Slauson Avenue. In addition, the single dock door that will be provided for Retail Building 1 will be screened by the building itself and will not be visible from the adjacent streets. To ensure that the property is maintained, the following mitigation measures will be required: ● During the construction phases, the site will be maintained in good condition and secured from public access. Any temporary fencing shall be maintained in good condition and free from graffiti. Any undeveloped surfaces where construction will not occur for more than 90-days must be maintained free of weeds, rubbish, and construction debris. ● Once the proposed project is completed, all wall surfaces must be maintained free of graffiti. Should graffiti appear on one or more of the buildings, the graffiti must be removed within 72 hours of initial discovery. Adherence to the mitigation measures described above will reduce potential construction and operational impacts to levels that are less than significant. D. Would the project create a new source of substantial light or glare that would adversely affect day or night-time views in the area? ● No Impact. Exterior lighting can be a nuisance to adjacent land uses that are sensitive to this lighting. For example, lighting emanating from unprotected or unshielded light fixtures may shine through windows that could disturb the residents inside. This light spillover is referred to as light trespass, which is typically defined as the presence of unwanted light on properties located adjacent to the source of lighting. Sensitive receptors refer to land uses and/or activities that are especially sensitive to light and typically include homes, schools, playgrounds, hospitals, convalescent homes, and other similar facilities where children or the elderly may congregate. Sources of lighting in the vicinity of the project site include headlights from vehicles using the adjacent roadways, lights from the parking area and the building’s exterior, interior lighting, as well as exterior/interior lighting from the adjacent uses. The illumination radiating from the site once the project is operational will not affect nearby light sensitive receptors because there are none. The nearest light- sensitive receptors in the area include the single-family residential units located 866 feet to the southwest CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.1 ● AESTHETIC IMPACTS PAGE 36 of the project site along the south side of Belgrave Avenue. These homes are not located within the line-of- sight of the project area. Therefore, no impacts to nearby sensitive receptors will occur. The project in its current state adheres to Section 26.10.3-7 of the City’s Zoning Code, which calls for the “screening of each drive-through aisle with a combination of landscaping, low walls, and/or berms maintained at a minimum height of three feet to prevent headlight glare from impacting adjacent streets, adjoining properties, and parking lots.” The Applicant will provide a minimum of six feet of landscaping along the southern and western sides of the drive-thru. This landscaping will obstruct light emanating from vehicle headlights and will prevent light from the aforementioned sources from negatively impacting nearby traffic. As a result, no impacts will occur. 3.1.3 CUMULATIVE IMPACTS The potential aesthetic impacts related to views, aesthetics, and light and glare are site specific. Furthermore, the analysis determined that the proposed project would not result in any significant adverse aesthetic impacts. As mentioned in Section 2.4.3, no cumulative projects are located within close proximity to the project site. For this reason, no cumulative aesthetic impacts are anticipated. 3.1.4 MITIGATION MEASURES The following mitigation will be required to address potential aesthetic impacts related to street maintenance: Mitigation Measure No. 1 (Aesthetic Impacts). During the construction phases, the site will be maintained in good condition and secured from public access. Any temporary fencing shall be maintained in good condition and free from graffiti. Any undeveloped surfaces where construction will not occur for more than 90-days must be maintained free of weeds, rubbish, and construction debris. Mitigation Measure No. 2 (Aesthetic Impacts). Once the proposed project is completed, all wall surfaces must be maintained free of graffiti. Should graffiti appear on one or more of the buildings, the graffiti must be removed within 72 hours of initial discovery. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.2 ● AGRICULTURE & FORESTRY RESOURCES IMPACTS PAGE 37 3.2 AGRICULTURE & FORESTRY RESOURCES IMPACTS 3.2.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant impact on agricultural resources if it results in any of the following: ● The conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide importance; ● A conflict with existing zoning for agricultural use or a Williamson Act Contract; ● A conflict with existing zoning for or cause rezoning of, forest land (as defined in Public Resources Code §4526), or zoned timberland production (as defined by Government Code §51104[g]); ● The loss of forest land or the conversion of forest land to a non-forest use; or, ● Changes to the existing environment that due to their location or nature may result in the conversion of farmland to non-agricultural uses. 3.2.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ● No Impact. According to the California Department of Conservation, the City of Vernon does not contain any areas of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.19 The project site is presently occupied by industrial uses and no agricultural uses and/or activities are located on-site according to site surveys undertaken for the project. As a result, no impacts will occur. B. Would the project conflict with existing zoning for agricultural use or a Williamson Act Contract? ● No Impact. According to Section 26.4.2-2 of the City’s Zoning Code, uses permitted by right in the “I” (Industrial) zone are also permitted by right in the C-1 zone. Agricultural uses are not listed as permitted uses within the I zone.20 Therefore, the proposed project’s implementation will not conflict with zoning for agricultural uses since they are not permitted within the C-1 zone. 19 California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program. Important Farmland in California 2010. ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/statewide/2010/fmmp2010_08_11.pdf. 20 City of Vernon Comprehensive Zoning Ordinance. Sec. 26.4.1-2. Uses Permitted of Right. Site accessed January 9, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.2 ● AGRICULTURE & FORESTRY RESOURCES IMPACTS PAGE 38 In addition, according to the California Department of Conservation Division of Land Resource Protection, the project site is not subject to a Williamson Act Contract.21 As a result, no impacts on existing or future Williamson Act Contracts or land zoned for agricultural uses will result from the proposed project’s implementation. C. Would the project conflict with existing zoning for or cause rezoning of, forest land (as defined in Public Resources Code Section 4526), or zoned timberland production (as defined by Government Code § 5110[g])? ● No Impact. The City of Vernon is located in the midst of a larger urban area and no forest lands are located within the project site or in the surrounding area. Moreover, the City of Vernon General Plan does not provide for any forest land protection.22 As a result, no impacts on forest land or timber resources will result from the implementation of the proposed project. D. Would the project result in the loss of forest land or the conversion of forest land to a non-forest use? ● No Impact. No forest lands are located within the vicinity of the project site. As a result, no loss or conversion of forest lands will result from the proposed project’s implementation and no impacts will occur. E. Would the project involve other changes in the existing environment that, due to their location or nature, may result in conversion of farmland to non-agricultural use? ● No Impact. The project would not involve the disruption or damage of the existing environment that would result in a loss of farmland to nonagricultural use or conversion of forest land to non-forest use because the project site is not located in close proximity to farm land or forest land. As a result, no impacts will result from the implementation of the proposed project. 3.2.3 CUMULATIVE IMPACTS The analysis determined that there is no remaining agricultural or forestry resources in the City. Furthermore, the analysis determined that future use would not result in any significant adverse impacts. As a result, no cumulative impacts on agricultural or farmland resources will occur. 3.2.4 MITIGATION MEASURES The analysis of agriculture and forestry resources indicated that no significant adverse impacts would result from the proposed project’s implementation. As a result, no mitigation measures are required. 21 California Department of Conservation. State of California Williamson Act Contract Land. ftp://ftp.consrv.ca.gov/pub/dlrp/WA/2012%20Statewide%20Map/WA_2012_8x11.pdf 22 City of Vernon General Plan. Resources Element. Site accessed January 9, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 39 3.3 AIR QUALITY IMPACTS 3.3.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project will normally be deemed to have a significant adverse environmental impact on air quality, if it results in any of the following: ● A conflict with the obstruction of the implementation of the applicable air quality plan; ● A violation of an air quality standard or contribute substantially to an existing or projected air quality violation; ● A cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard; ● The exposure of sensitive receptors to substantial pollutant concentrations; or, ● The creation of objectionable odors affecting a substantial number of people. The South Coast Air Quality Management District (SCAQMD) has established quantitative thresholds for short-term (construction) emissions and long-term (operational) emissions for criteria pollutants. These criteria pollutants include the following: ● Ozone (O3) is a nearly colorless gas that irritates the lungs, damages materials, and vegetation. O3 is formed by a photochemical reaction (when nitrogen dioxide is broken down by sunlight). ● Carbon monoxide (CO), a colorless, odorless toxic gas that interferes with the transfer of oxygen to the brain, is produced by the incomplete combustion of carbon-containing fuels emitted as vehicle exhaust. ● Nitrogen dioxide (NO2) is a yellowish-brown gas, which at high levels can cause breathing difficulties. NO2 is formed when nitric oxide (a pollutant from burning processes) combines with oxygen. ● Sulfur dioxide (SO2) is a colorless, pungent gas formed primarily by the combustion of sulfur- containing fossil fuels. ● PM10 and PM2.5 refers to particulate matter less than ten microns and two and one-half microns in diameter, respectively. Particulates of this size cause a greater health risk than larger-sized particles since fine particles can more easily be inhaled. A project would be considered to have a significant effect on air quality if it violated any ambient air quality standard (AAQS), contributed substantially to an existing air quality violation, or exposed sensitive receptors to substantial pollutant concentrations. In addition to the Federal and State AAQS, there are daily emissions thresholds for construction and operational activities. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 40 Projects in the South Coast Air Basin (SCAB) generating construction-related emissions that exceed any of the following daily emissions thresholds are considered to be significant under CEQA: ● 75 pounds per day of reactive organic compounds; ● 100 pounds per day of nitrogen dioxide; ● 550 pounds per day of carbon monoxide; ● 150 pounds per day of PM10; or, ● 150 pounds per day of sulfur oxides. A project would have a significant effect on air quality if any of the following operational daily emissions thresholds for criteria pollutants are exceeded: ● 55 pounds of reactive organic compounds; ● 55 pounds of nitrogen dioxide; ● 550 pounds of carbon monoxide; ● 150 pounds of PM10; or, ● 150 pounds of sulfur oxides. 3.3.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project conflict with or obstruct implementation of the applicable air quality plan? ● No Impact. The City of Vernon is located within the South Coast Air Basin (SCAB), which includes a 6,600 square-mile area within Orange County and the non-desert portions of Los Angeles County, Riverside County, and San Bernardino County. Air quality in the SCAB is monitored by the South Coast Air Quality Management District (SCAQMD) at various monitoring stations located throughout the area.23 Measures to improve regional air quality are outlined in the SCAQMD’s Air Quality Management Plan (AQMP).24 The most recent AQMP was adopted in 2016 and was jointly prepared with the California Air Resources Board (CARB) and the Southern California Association of Governments (SCAG).25 The AQMP will help the SCAQMD maintain focus on the air quality impacts of major projects associated with goods movement, land use, energy efficiency, and other key areas of growth. Key elements of the 2016 AQMP include enhancements to existing programs to meet the 24-hour PM2.5 Federal health standard and a proposed plan of action to reduce ground-level ozone. The primary criteria pollutants that remain non-attainment in the local area include PM2.5 and Ozone. Specific criteria for determining a project’s conformity with the AQMP is defined in Section 12.3 of the SCAQMD’s CEQA Air Quality Handbook. The Air Quality Handbook refers to the following criteria as a means to determine a project’s conformity with the AQMP:26 23 South Coast Air Quality Management District, Final 2016 Air Quality Plan, Adopted March 2017. 24 Ibid. 25 Ibid. 26 South Coast Air Quality Management District. CEQA Air Quality Handbook. April 1993. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 41 ● Consistency Criteria 1 refers to a proposed project’s potential for resulting in an increase in the frequency or severity of an existing air quality violation or its potential for contributing to the continuation of an existing air quality violation. ● Consistency Criteria 2 refers to a proposed project’s potential for exceeding the assumptions included in the AQMP or other regional growth projections relevant to the AQMP’s implementation.27 In terms of Criteria 1, the proposed project’s long-term (operational) airborne emissions will be below levels that the SCAQMD considers to be a significant adverse impact (refer to the analysis included in the next section where the long-term stationary and mobile emissions for the proposed project are summarized in Tables 3-1 and 3-2). The proposed project will also conform to Consistency Criteria 2 since it will not significantly affect any regional population, housing, and employment projections prepared for the City of Vernon. Projects that are consistent with the projections of employment and population forecasts identified in the Regional Comprehensive Plan (RCP) prepared by the Southern California Association of Governments (SCAG) are considered consistent with the AQMP growth projections, since the RCP forms the basis of the land use and transportation control portions of the AQMP. According to the Growth Forecast Appendix prepared by SCAG for the 2016-2040 Regional Transportation Plan (RTP), the City of Vernon is projected to add a total of 2,900 jobs through the year 2040.28 A total of 108 people new jobs will be created by the proposed project (refer to Section 2.4.2 for a breakdown of the project’s future employment). The number of jobs that will be created by the proposed project are well within the employment projections generated by SCAG for the City of Vernon. As a result, no impacts are anticipated. B. Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? ● Less than Significant Impact. The proposed project’s construction period is expected to last for approximately 13 months (refer to Section 2.4.2) and would include the demolition of the existing on-site improvements, site preparation, erection of the three new commercial buildings, and the finishing of the project (paving, painting, and installation of landscaping). The analysis of daily construction and operational emissions was prepared utilizing the California Emissions Estimator Model (CalEEMod V.2013.2.2). The assumptions regarding the construction phases and the length of construction followed those identified herein in Section 2.4.2. As shown in Table 3-1, daily construction emissions are not anticipated to exceed the SCAQMD significance thresholds. 27 South Coast Air Quality Management District. CEQA Air Quality Handbook. April 1993. 28 Southern California Association of Governments. Growth Forecast. Regional Transportation Plan 2016-2040. Adopted on April 7, 2016. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 42 Table 3-1 Estimated Daily Construction Emissions Construction Phase ROG NO2 CO SO2 PM10 PM2.5 Demolition (on-site) 2.39 23.50 19.69 0.02 4.49 1.75 Demolition (off-site) 0.27 3.41 3.31 0.01 0.45 0.16 Total Demolition 2.66 26.91 23.00 0.03 4.94 1.91 Site Preparation (on-site) 2.19 24.57 15.35 0.02 1.39 1.10 Site Preparation (off-site) 0.02 0.03 0.42 -- 0.09 0.02 Total Site Preparation 2.21 24.58 15.77 0.02 1.48 1.12 Grading (on-site) 2.37 24.60 17.71 0.02 7.49 4.55 Grading (off-site) 0.03 0.04 0.53 -- 0.11 0.03 Total Grading 2.40 24.64 18.24 0.02 7.60 4.58 Building Construction (on-site) 2.90 20.56 15.66 0.02 1.25 1.19 Building Construction (off-site) 0.24 1.31 3.45 -- 0.54 0.16 Total Building Construction 3.14 21.87 19.11 0.02 1.79 1.35 Building Construction (on-site) 2019 2.54 18.78 15.20 0.02 1.08 1.03 Building Construction (off-site) 2019 0.22 1.21 3.23 -- 0.54 0.16 Total Building Construction 2019 2.78 19.99 18.43 0.02 1.62 1.19 Paving (on-site) 1.41 12.41 11.70 0.01 0.72 0.66 Paving (off-site) 0.04 0.05 0.73 -- 0.16 0.04 Total Paving 1.45 12.46 12.43 0.01 0.88 0.70 Architectural Coatings (on-site) 18.20 1.83 1.84 -- 0.12 0.12 Architectural Coatings (off-site) 0.02 0.03 0.39 -- 0.09 0.02 Total Architectural Coatings 18.22 1.86 2.23 -- 0.21 0.14 Maximum Daily Emissions 18.22 26.91 23.01 0.03 7.60 4.58 Daily Thresholds 75 100 55o 150 150 55 Source: CalEEMod V.2013. 2.2. Since the project area is located in a non-attainment area for ozone and particulates, the project contractors will be required to adhere to all pertinent regulations outlined in SCAQMD Rule 403 governing fugitive dust emissions. These regulations are standard conditions for every construction project undertaken in the City. The long-term air quality impacts associated with the proposed project include mobile emissions from vehicular traffic; on-site stationary emissions related to the operation of machinery; and off-site stationary emissions associated with the off-site generation of energy (natural gas and electrical). The analysis of long-term operational impacts summarized in Table 3-2, also used the CalEEMod computer model developed for the SCAQMD. The analysis summarized in Table 3-2 indicates the operational (long-term) emissions will be below the SCAQMD's daily emissions thresholds. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 43 Table 3-2 Estimated Operational Emissions in lbs/day Emission Source ROG NO2 CO SO2 PM10 PM2.5 Area-wide (lbs/day) 2.14 -- 0.01 -- -- -- Energy (lbs/day) 0.02 0.19 0.16 -- 0.01 0.01 Mobile (lbs/day) 8.06 13.94 62.73 0.15 10.25 2.88 Total (lbs/day) 10.23 14.14 62.91 0.15 10.27 2.89 Daily Thresholds 55 55 55o 15o 15o 55 Source: CalEEMod V.2013.2.2 The project’s implementation will also involve the elimination of the existing uses that generate truck traffic. As indicated in Table 3-2, the projected long-term emissions are below thresholds considered to represent a significant adverse impact. Adherence to the standard AQMD regulations for reducing fugitive dust will minimize potential impacts to levels that are less than significant. C. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ● Less than Significant Impact. The project will not result in a cumulative increase of any criteria pollutant because there are no active projects located in the immediate area. The proposed project will only introduce minor localized emissions. In addition, the proposed project’s implementation will result in long-term stationary and mobile emissions that will be below the SCAQMD’s daily levels of significance. As a result, the cumulative air quality impacts are less than significant. D. Would the project expose sensitive receptors to substantial pollutant concentrations? ● Less than Significant Impact. Sensitive receptors refer to land uses and/or activities that are especially sensitive to poor air quality and typically include homes, schools, playgrounds, hospitals, convalescent homes, and other facilities where children or the elderly may congregate.29 The project site is surrounded by industrial uses which are not considered to be sensitive receptors. The nearest sensitive land uses in the area include the single-family residential units located 866 feet to the southwest of the project site along the south side of Belgrave Avenue. The location and extent of the aforementioned sensitive receptors is shown in Exhibit 3-1. The SCAQMD is requesting that local governments indicate whether a proposed project will impact a sensitive receptor resulting in an exceedance of localized emissions thresholds or LSTs. LSTs only apply to short- term (construction) and long-term (operational) emissions at a fixed location and do not include off-site or area-wide emissions. The approach used in the analysis of the proposed project utilized a number of screening tables that identified maximum allowable emissions (in pounds per day) at a specified distance to a receptor. The use of the “look-up tables” is permitted since each of the construction phases will involve the disturbance of less than five acres of land area. As indicated in Table 3-3, the proposed project 29 South Coast Air Quality Management District. CEQA Air Quality Handbook, Appendix 9. 2004 (as amended). CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 44 will not exceed any LSTs based on the information included in the Mass Rate LST Look-up Tables provided by the SCAQMD. For purposes of the LST analysis, the receptor distance used was 500 meters. As indicated in Table 3-3, the proposed project’s operational emissions are not anticipated to exceed thresholds of significance outlined by the SCAQMD. As a result, the potential impacts are considered to be less than significant. Table 3-3 Local Significance Thresholds Exceedance SRA 1 for 5-acre sites (the site is 2.92 acres) Emissions Project Emissions* (lbs/day) Type Allowable Emissions Threshold (lbs/day) and a Specified Distance from Receptor (in meters) 25 5o 100 200 500 NO2 18.22 Construction 158 157 165 173 212 NO2 14.14 Operations 158 157 165 173 212 CO 23.01 Construction 1,861 2,331 3,030 4,547 10,666 CO 62.91 Operations 1,861 2,331 3,030 4,547 10,666 PM10 10.27 Operations 4 12 17 26 53 PM10 7.60 Construction 16 50 69 107 219 PM2.5 2.89 Operations 2 3 5 9 31 PM2.5 4.58 Construction 8 11 18 36 126 Source: CalEEMod V.2013.2.2 E. Would the project create objectionable odors affecting a substantial number of people? ● No Impact. The SCAQMD has identified land uses that are typically associated with odor complaints. These uses include activities involving livestock, rendering facilities, food processing plants, chemical plants, composting activities, refineries, landfills, and businesses involved in fiberglass molding.30 The proposed project will be involved in general retail and restaurant uses. Given the nature of the intended use, no impacts related to odors are anticipated with the proposed project. 3.3.3 CUMULATIVE IMPACTS The proposed project’s implementation would not result in any new exceedance of air pollution standards nor contribute significantly to an existing air quality violation. Furthermore, the analysis determined that the implementation of the proposed project would not result in any significant adverse air quality impacts. As a result, no significant cumulative impacts will occur. 3.3.4 MITIGATION MEASURES The proposed project’s air quality impacts are not considered to be a significant adverse impact. As a result, no mitigation is required. 30 South Coast Air Quality Management District. CEQA Air Quality Handbook, Appendix 9. 2004 (as amended). CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 45 EXHIBIT 3-1 NEAREST SENSITIVE RECEPTORS MAP Source: Quantum GIS Sensitive Receptors Non-Sensitive Receptors Non-Residential Sensitive Receptors Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.4 ● BIOLOGICAL RESOURCES IMPACTS PAGE 46 3.4 BIOLOGICAL RESOURCES IMPACTS 3.4.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on biological resources if it results in any of the following: ● A substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service; ● A substantial adverse effect on any riparian habitat or other sensitive natural plant community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service; ● A substantial adverse effect on Federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means; ● A substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory life corridors, or impede the use of native wildlife nursery sites; ● A conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or, ● A conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. 3.4.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ● No Impact. A review of the California Department of Fish and Wildlife California Natural Biodiversity Database (CNDDB) Bios Viewer for the South Gate Quadrangle indicated that there are seven threatened or endangered species located within the South Gate Quadrangle (the project site is located within the South Gate Quadrangle).31 These species include: ● The Coastal California gnatcatcher is not likely to be found on-site due to the existing development and the lack of habitat suitable for the California gnatcatcher. 31 California Department of Fish and Wildlife. Bios Viewer. https://map.dfg.ca.gov/bios/?tool=cnddbQuick CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.4 ● BIOLOGICAL RESOURCES IMPACTS PAGE 47 ● The least Bell’s vireo lives in a riparian habitat, with a majority of the species living in San Diego County. This species will not be present due to the lack of suitable habitat. ● The willow flycatcher’s habitat consists of marsh, brushy fields, and willow thickets. This species will not be present due to the lack of suitable habitat. ● The western yellow-billed cuckoo is an insect eating bird found in riparian woodland habitats. This species will not be present due to the lack of suitable habitat. ● California Orcutt grass is found near vernal pools throughout Los Angeles, Riverside, and San Diego counties. This species will not be present due to the lack of suitable habitat. The proposed project will not impact the aforementioned species because the project site is located in the midst of an urban area and there is no suitable riparian or natural habitat located within, or in the vicinity of, the project site. As a result, no impacts on any candidate, sensitive, or special status species will result from proposed project’s implementation. B. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ● No Impact. The field survey that was conducted for the property indicated that there are no wetlands or riparian habitat present on-site or in the surrounding areas. This conclusion is also supported by a review of the U.S. Fish and Wildlife Service National Wetlands Inventory, Wetlands Mapper. In addition, there are no designated “blue line streams” located within the project site. As a result, no impacts on natural or riparian habitats will result from the proposed project’s implementation. C. Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ● No Impact. As indicated in the previous subsection, the project site and adjacent developed properties do not contain any natural wetland and/or riparian habitat.32 The project site is located in the midst of an industrial area. As a result, the proposed project will not impact any protected wetland area or designated blue-line stream and no impacts will occur. D. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory life corridors, or impede the use of native wildlife nursery sites? ● No Impact. The project site is currently developed. As a result, no native vegetation or natural open space areas remain. Furthermore, the site contains no natural hydrological features. Constant disturbance (noise and vibration) from vehicular traffic travelling along the adjacent roadways also limits the site’s utility as a 32 U.S. Fish and Wildlife Service. Wetlands Mapper. http://www.fws.gov/Wetlands/data/Mapper.html CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.4 ● BIOLOGICAL RESOURCES IMPACTS PAGE 48 migration corridor. Since the site is surrounded by industrial uses and lacks suitable habitat, the site’s ability to function as a migration corridor is restricted and no impacts will result from the implementation of the proposed project. E. Would the project conflict with any local policies or ordinances, protecting biological resources, such as a tree preservation policy or ordinance? ● No Impact. The City of Vernon does not have a tree preservation ordinance.33 The project’s implementation will require the removal of nine trees (seven palm trees) on-site and two trees within the public right-of-way. The Applicant proposes to add 9,617 square feet of landscaping throughout the site. A majority of the landscaping will be planted along the site’s western and southern boundaries. In addition, this landscaping will consist of drought tolerant species. As a result, no impacts will occur. F. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? ● No Impact. The Los Angeles River is currently the focus of a revitalization effort lead by the City of Los Angeles. The City of Los Angeles intends to focus on the 32-mile portion of the river that flows from Owensmouth Avenue, located in the San Fernando Valley, to the northern border of the City of Vernon.34 The portion of the river that flows parallel to the eastern boundary of Vernon will thus be unaffected. The proposed project will be restricted to the project site and will not impact the revitalization efforts undertaken for the Los Angeles River. As a result, no impacts are anticipated to occur with the implementation of the proposed project. 3.4.3 CUMULATIVE IMPACTS The impacts on biological resources are typically site specific. The proposed project would not involve any loss of protected habitat. As a result, no cumulative impacts on biological resources will be associated with the proposed project’s implementation. 3.4.4 MITIGATION MEASURES The analysis indicated that the implementation of the proposed project would not result in any significant adverse impacts on biological resources. As a result, no mitigation measures are required. 33 City of Vernon. Zoning Comprehensive Zoning Ordinance. Site accessed January 9, 2017. 34 City of Los Angeles. Notice of Preparation/Notice of Intent for The EIR/Environmental Impact Statement for the Los Angeles River Revitalization Master Plan. March 30, 2006. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.5 ● CULTURAL RESOURCES IMPACTS PAGE 49 3.5 CULTURAL RESOURCES IMPACTS 3.5.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project will normally have a significant adverse impact on cultural resources if it results in any of the following: ● A substantial adverse change in the significance of a historical resource as defined in §15064.5 of the State CEQA Guidelines; ● A substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the State CEQA Guidelines; ● The destruction of a unique paleontological resource, site, or unique geologic feature; or, ● The disturbance of any human remains, including those interred outside of dedicated cemeteries. 3.5.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the State CEQA Guidelines? ● No Impact. Historic structures and sites are defined by local, State, and Federal criteria. A site or structure may be historically significant if it is locally protected through a local general plan or historic preservation ordinance. A site or structure may be historically significant according to State or Federal criteria even if the locality does not recognize such significance. The State, through the State Historic Preservation Office (SHPO), maintains an inventory of those sites and structures that are considered to be historically significant. Finally, the U.S. Department of Interior has established specific Federal guidelines and criteria that indicate the manner in which a site, structure, or district is to be defined as having historic significance and in the determination of its eligibility for listing on the National Register of Historic Places.35 To be considered eligible for the National Register, a property’s significance may be determined if the property is associated with events, activities, or developments that were important in the past, with the lives of people who were important in the past, or represents significant architectural, landscape, or engineering elements.36 The project site is presently occupied by four industrial buildings. None of the structures that are present on-site are included on a list of historic resources compiled by the National Park Service.37 In addition, the project site is not present on the list of historic resources identified by the California Office of Historic Preservation.38 The City’s General Plan identifies the Farmer John mural as a notable landmark. The project will be restricted to the site and will not damage or alter the Farmer John 35 U.S. Department of the Interior, National Park Service. National Register of Historic Places. http://nrhp.focus.nps.gov. 2010. 36 Ibid. 37 National Park Service. National Register of Historic Places. Website http://npgallery.nps.gov/nrhp/SearchResults/ . Website accessed January 9, 2017. 38 California Department of Parks and Recreation. California Historical Resources. Website http:// ohp.parks.ca.gov/ ListedResources. Website accessed in January 9, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.5 ● CULTURAL RESOURCES IMPACTS PAGE 50 mural. Since the project’s implementation will not impact any Federal, State, or locally designated historic resources, no impacts will occur. B. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the State CEQA Guidelines? ● Less than Significant Impact with Mitigation. The greater Los Angeles Basin was previously inhabited by the Gabrieleño-Kizh people, named after the San Gabriel Mission.39 The Gabrieleño tribe has lived in this region for around 7,000 years.40 Prior to Spanish contact, approximately 5,000 Gabrieleño people lived in villages throughout the Los Angeles Basin.41 Villages were typically located near major rivers such as the San Gabriel, Rio Hondo, or Los Angeles Rivers. Three early villages were located in the vicinity of Vernon: Apachianga, Isantcangna, and Tsungna. Indian gathering activities were most likely concentrated along the Los Angeles and Rio Hondo River channels. Another post contact Indian village site, referred to as La Jaboneria (the soap factory), was known to have existed on the east bank of the Rio Hondo River in an area located south of Telegraph Road. Formal Native American consultation was provided in accordance with AB-52. The tribal representative of the Gabrielino-Kizh indicated that the project site is situated in an area of high archaeological significance. As part of future grading and excavation activities, the potential for discovering archaeological resources cannot be completely discounted. For this reason, the following mitigation measure will be required to address potentially significant impacts. ● The project Applicant will be required to obtain the services of a qualified Native American Monitor during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians, Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, boring, grading, excavation, and trenching, within the project area. The monitor(s) must be approved by the tribal representatives and the City’s Public Works Director. The approved monitor(s) will be present on-site during the construction phases that involve any ground disturbing activities. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for archeological resources. In the unlikely event that remains are uncovered by construction crews and/or the Native American Monitors, all excavation and grading activities shall be halted and the Los Angeles County Sheriff will be contacted (the Department will then contact the County Coroner). Title 14; Chapter 3; Article 5; Section 15064.5 of CEQA will apply in terms of the identification of significant archaeological resources and their salvage. Therefore, the potential impacts are considered to be less than significant. 39 Tongva People of Sunland-Tujunga. Introduction. http://www.lausd.k12.ca.us/Verdugo_HS/classes/multimedia/intro.html 40 Ibid. 41 Rancho Santa Ana Botanical Garden. Tongva Village Site. http://www.rsabg.org/tongva-village-site-1 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.5 ● CULTURAL RESOURCES IMPACTS PAGE 51 C. Would the project directly or indirectly destroy a unique paleontological resource, site or unique geologic feature? ● No Impact. No paleontological resources or geologic features are anticipated to be encountered during the project’s construction phase due to the age of the soil and the limited amount of excavation that will be required to implement the project. The soils that underlie the project site are alluvial in nature. Alluvial deposits are typically quaternary in age (from two million years ago to the present day) and span the two most recent geologic epochs, the Pleistocene and the Holocene.42 As a result, no impacts to paleontological resources will occur. D. Would the project disturb any human remains, including those interred outside of formally dedicated cemeteries? ● No Impact. There are no cemeteries located in the immediate area of the project site. The nearest cemetery to the project site is the Odd Fellows Cemetery. This cemetery is located at 3640 Whittier Boulevard approximately 2.40 miles northeast of the project site.43 The proposed project will be restricted to the designated project site and will not affect the aforementioned cemetery. In the unlikely event that remains are uncovered by construction crews and/or the Native American Monitors, all excavation/grading activities shall be halted and the Los Angeles County Sheriff’s Department will be contacted (the Department will then contact the County Coroner). Title 14; Chapter 3; Article 5; Section 15064.5 of CEQA will apply in terms of the identification of significant archaeological resources and their salvage. Adherence to the mitigation provided in Subsection 3.5.2.B will reduce potential impacts to levels that are less than significant. As a result, no impacts are anticipated. 3.5.3 CUMULATIVE IMPACTS The potential environmental impacts related to cultural resources are site specific. Furthermore, the analysis herein also determined that the implementation of the proposed project would not result in any impacts on cultural resources. As a result, no cumulative impacts will occur as part of the implementation of the proposed project. 3.5.4 MITIGATION MEASURES The following mitigation is required based on the AB-52 consultation with the Gabrieleño-Kizh Nation: Mitigation Measure No. 3 (Cultural Resources Impacts). The project Applicant will be required to obtain the services of a qualified Native American Monitor during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians, Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, boring, grading, excavation, and trenching, within the project area. The monitor(s) must be approved by the tribal representatives and the City’s Public Works Director. The approved monitor(s) will be present on-site during the construction phases that 42 United States Geological Survey. What is the Quaternary? http://geomaps.wr.usgs.gov/sfgeo/quaternary/stories/what_is.html 43 Google Earth. Website accessed January 9, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.5 ● CULTURAL RESOURCES IMPACTS PAGE 52 involve any ground disturbing activities. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for archeological resources. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 53 3.6 GEOLOGY & SOILS IMPACTS 3.6.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on the environment if it results in the following: ● The exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault (as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault), ground-shaking, liquefaction, or landslides; ● Substantial soil erosion resulting in the loss of topsoil; ● The exposure of people or structures to potential substantial adverse effects, including location on a geologic unit or a soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse; ● Locating a project on an expansive soil, as defined in the California Building Code (2010), creating substantial risks to life or property; or, ● Locating a project in, or exposing people to potential impacts, including soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. 3.6.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault (as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault), ground–shaking, liquefaction, or landslides? ● Less than Significant Impact. The City of Vernon is located in a seismically active region (refer to Exhibit 3-2). Many major and minor local faults traverse the entire Southern California region, posing a threat to millions of residents including those who reside in the City. Earthquakes from several active and potentially active faults in the Southern California region could affect the proposed project site. In 1972, the Alquist-Priolo Earthquake Zoning Act was passed in response to the damage sustained in the 1971 San Fernando Earthquake.44 44 California Department of Conservation. What is the Alquist-Priolo Act http://www.conservation.ca.gov /cgs/rghm/ap/ Pages/main.aspx CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 54 EXHIBIT 3-2 REGIONAL FAULT MAP Source: United States Geological Survey Vernon CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 55 The Alquist-Priolo Earthquake Fault Zoning Act's main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults.45 The City of Vernon is not located within an area containing an Alquist-Priolo Special Studies Zone; therefore, the risk from potential fault rupture is considered low.46 There are a number of known faults within close proximity to the City. These nearby faults include the Newport-Inglewood Fault Zone, the Whittier-Elsinore Fault, the Norwalk Fault, and the Elysian Park Fault.47 The major faults in the region are illustrated in Exhibit 3-2. Even though Vernon is not on the list, there are a number of known faults within close proximity to the City. The closest known fault is the Compton Fault, which is located approximately six miles southwest of the project site along El Segundo Boulevard.48 This fault is part of the larger Newport-Inglewood Alquist-Priolo special studies zone. The potential impacts in regards to ground shaking and fault rupture are less than significant since the risk is no greater in and around the project site than for the rest of the area. The project site is located in an area that is at an elevated risk for liquefaction (refer to Exhibit 3-3). According to the United States Geological Survey, liquefaction is the process by which water-saturated sediment temporarily loses strength and acts as a fluid. Essentially, liquefaction is the process by which the ground soil loses strength due to an increase in water pressure following seismic activity. The risk of liquefaction is no greater for the project site than the rest of the area. In addition, compliance with the most recent State and Local building codes will minimize potential impacts related to liquefaction. Lastly, the project site is not at risk for landslides (refer Exhibit 3-3). The project site is at no greater risk for ground shaking, fault rupture, and liquefaction than the rest of the area. Therefore, the impacts are expected to be less than significant. B. Would the project expose people or structures to potential substantial adverse effects, including substantial soil erosion or the loss of topsoil? ● Less than Significant Impact. According to the soil maps prepared for Los Angeles County by the United States Department of Agriculture, the project site is underlain with soils of the Tujunga-Soboba association. Tujunga-Soboba soils are excessively drained and are over 60 inches deep with high water permeability. However, soils of the Tujunga Soboba Association have a moderate to high wind erosion risk. However, construction activities and the placement of “permanent vegetative cover” will reduce the soil’s erosion risk.49 In addition, Tujunga-Soboba soils are described as being used almost exclusively for urban development, as evident by the current level of development present within the surrounding areas. As a result, the potential impacts are considered to be less than significant. 45 California Department of Conservation. What is the Alquist-Priolo Act http://www.conservation.ca.gov /cgs/rghm/ap/ Pages/main.aspx. 46 California Department of Conservation. Table 4, Cities and Counties Affected by Alquist Priolo Earthquake Fault Zones as of January 2010. http://www.conservation.ca.gov/cgs/rghm/ap/Pages/affected.aspx 47 United States Geological Survey, Evaluating Earthquake Hazards in the Los Angeles Region-An Earth Science Perspective (USGS Professional Paper 1360), 1981. 48 California Department of Conservation. South Gate Quadrangle Topographic Map. Additional source: Google Earth. Websites accessed January 9, 2017. 49 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 56 EXHIBIT 3-3 LIQUEFACTION POTENTIAL Source: California Geological Survey Potential Liquefaction Risk Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 57 C. Would the project expose people or structures to potential substantial adverse effects, including location on a geologic unit or a soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? ● Less than Significant Impact. As stated in the previous subsection, the soils that underlie the project site belong to the Tujunga-Soboba association. The surrounding area is relatively level and is at no risk for landslides (refer to Exhibit 3-3). Lateral spreading is a phenomenon that is characterized by the horizontal, or lateral, movement of the ground. Lateral spreading could be liquefaction induced or can be the result of excess moisture within the underlying soils. Liquefaction induced lateral spreading will not affect the proposed retail development since the three buildings will be constructed with the strict adherence to the most pertinent State and City building codes. Therefore, lateral spreading caused by liquefaction will not affect the project. The Tujunga-Soboba soils are not prone to shrinking and swelling (refer to Section 3.6.2.D). Soils that are prone to shrinking and swelling become sticky when wet and expand according to the moisture content present at the time. Since the underlying soils are not prone to shrinking and swelling, a possible influx of groundwater will not trigger lateral spreading. In addition, the project site is not prone to subsidence. Subsidence occurs via soil shrinkage and is triggered by a significant reduction in an underlying groundwater table, thus causing the earth on top to sink.50 The soils that underlie the project site are not prone to shrinking and swelling (refer to section 3.6.D), thus no impacts related to unstable soils and subsidence are expected. Grading and other construction activities are not expected to reach the depths required to encounter groundwater. In addition, the project will be required to be connected to the City’s water lines; therefore, the project’s operation will not utilize or affect groundwater supplies present below the site. The project site is located in an area that is subject to liquefaction; however, since the surrounding areas and cities are located in a liquefaction zone, the effects will be less than significant with conformance with the most stringent building standards. D. Would the project result in or expose people to potential impacts, including location on an expansive soil, as defined in Uniform Building Code (2010) creating substantial risks to life or property? ● No Impact. The soils that underlie the project site are not prone to shrinking and swelling. Shrinking and swelling is influenced by the amount of clay present in the underlying soils.51 According to the United States Department of Agriculture, clay is not present in the composition of Tujunga-Soboba Soils Association.52 As a result, no impacts related to expansive soils are anticipated. 50 Subsidence Support. What Causes House Subsidence? http://www.subsidencesupport.co.uk/what-causes-subsidence.htm 51 Natural Resources Conservation Service Arizona. Soil Properties Shrink/Swell Potential. http://www.nrcs.usda.gov/wps/portal/nrcs /detailfull/az/soils/?cid=nrcs144p2_065083 52 United States Department of Agriculture Soil Conservation Service. Report and General Soil Map Los Angeles County, California. Revised 1969. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 58 E. Would the project result in or expose people to potential impacts, including soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ● No Impact. No septic tanks will be used as part of the proposed development. The new buildings will be connected to the sanitary sewer system. As a result, no impacts associated with the use of septic tanks will occur as part of the proposed project’s implementation. 3.6.3 CUMULATIVE IMPACTS The potential cumulative impacts related to earth and geology is site specific. Furthermore, the analysis herein determined that the implementation of the proposed project would not result in significant adverse impacts related to landform modification, grading, or the destruction of a geologically significant landform or feature. As a result, no cumulative earth and geology impacts will occur as part of the proposed project’s implementation. 3.6.4 MITIGATION MEASURES The analysis determined that the proposed project would not result in any significant adverse impacts related to geology and soils. As a result, no mitigation measures are required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 59 3.7 GREENHOUSE GAS EMISSIONS IMPACTS 3.7.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on greenhouse gas emissions if it results in any of the following: ● The generation of greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; and, ● The potential for conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of greenhouse gases. 3.7.2 ENVIRONMENTAL ANALYSIS A. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ● Less than Significant Impact. The State of California requires CEQA documents to include an evaluation of greenhouse gas (GHG) emissions or gases that trap heat in the atmosphere. GHG are emitted by both natural processes and human activities. Examples of GHG that are produced both by natural and industrial processes include carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). The accumulation of GHG in the atmosphere regulates the earth's temperature. Without these natural GHG, the Earth's surface would be about 61°F cooler. However, emissions from fossil fuel combustion have elevated the concentrations of GHG in the atmosphere to above natural levels.53 The SCAQMD has established a number of CEQA thresholds for significant GHG thresholds though only one for industrial development is a quantified threshold. This single quantified threshold is 10,000 metric tons of CO2E (MTCO2E) per year for industrial projects. Table 3-4 summarizes annual greenhouse gas emissions from build-out of the proposed project. As indicated in Table 3-4, the CO2E total for the project is 12,291.23 pounds per day or 5.57 MTCO2E per day. This translates into a generation of approximately 2,033 MTCO2E per year, which is below the threshold of 10,000 MTCO2E for industrial projects. The project’s operational GHG emissions were calculated using the CalEEMod V.2013.2.2. The GHG emissions estimates reflect what a “fast-food restaurant with drive-thru” building and strip mall of the same location and description would generate once fully operational. The type of activities that may be undertaken once the building is occupied have been predicted and accounted for in the model for the selected land use type. 53 California, State of. OPR Technical Advisory – CEQA and Climate Change: Addressing Climate Change through the California Environmental Quality Act (CEQA) Review. June 19, 2008. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 60 Table 3-4 Greenhouse Gas Emissions Inventory Source GHG Emissions (Lbs/Day) CO2 CH4 N2O CO2E Construction Phase - Demolition 2,427.21 0.61 -- 2,440.17 Construction Phase - Site Preparation 2,399.35 0.74 -- 2,415.04 Construction Phase – Grading 2,069.3914 0.64 -- 2,082.92 Construction Phase – Construction (2018) 2,317.20 0.49 -- 2,327.66 Construction Phase – Construction (2019) 2,299.78 0.47 -- 2,309.80 Construction Phase - Paving 1,722.22 0.53 -- 1,733.44 Construction Phase – Architectural Coatings 281.44 0.02 -- 281.94 Long-Term – Area Emissions 0.042 -- -- 0.04 Long-Term - Energy Emissions 234.23 -- -- 235.66 Long-Term - Mobile Emissions 12,046.24 0.44 -- 12,055.52 Long-Term - Total Emissions 12,280.52 0.44 -- 12,291.23 Source: CalEEMod. The State of California Office of Planning Research (OPR) identified a number of measures and programs that would be effective in reducing GHG emissions. These programs and measures are identified on the next page in Table 3-5. The proposed project’s conformity with these measures is also summarized in Table 3-5. The great majority of the measures identified will be effective in reducing the overall GHG below the quantities identified previously in Table 3-4. Table 3-5 Project Conformity with GHG Mitigation Identified by the State Office of Planning Research Attorney General’s Recommended Measures Project Applicability/Compliance Land Use & Transportation: Implement land use strategies to encourage jobs/housing proximity, promote transit-oriented development, and encourage high density development along transit corridors. Encourage compact, mixed-use projects, forming urban villages designed to maximize affordable housing and encourage walking, bicycling, and the use of public transit systems. Not Applicable. The program/policy is not applicable to the proposed project. Land Use & Transportation: Encourage infill, redevelopment, and higher density development, whether in incorporated or unincorporated settings. Compliant. The proposed project conforms to this policy/program. Land Use & Transportation: Encourage new developments to integrate housing, civic, and retail amenities (jobs, schools, parks, and shopping opportunities) to help reduce VMT resulting from discretionary automobile trips. Not Applicable. The program/policy is not applicable to the proposed project. Land Use & Transportation: Apply advanced technology systems and management strategies to improve operational efficiency of transportation systems and movement of people, goods, and services. Not Applicable. The program/policy is not applicable to the proposed project. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 61 Table 3-5 (continued) Project Conformity with GHG Mitigation Identified by the State Office of Planning Research Recommended Measures Project Applicability/Compliance Land Use & Transportation: Incorporate features into project design that would accommodate the supply of frequent, reliable, and convenient public transit. Not Applicable. The program/policy is not applicable to the proposed project. Land Use & Transportation: Implement street improvements that are designed to relieve pressure on a region’s most congested roadways and intersections. Not Applicable. The program/policy is not applicable to the proposed project. Land Use & Transportation: Limit idling time for commercial vehicles, including delivery and construction vehicles. Compliant. The proposed project conforms to this policy/program. Urban Forestry: Plant trees and vegetation near structures to shade buildings and reduce energy requirements for heating/cooling. Not Applicable. The program/policy is not applicable to the proposed project. Urban Forestry: Preserve or replace on-site trees (that are removed due to development) as a means of providing carbon storage. Compliant. The proposed project conforms to this policy/program. Energy Conservation Policies & Actions: Execute an Energy Savings Performance Contract with a private entity to retrofit public buildings. This type of contract allows the private entity to fund all energy improvements in exchange for a share of the energy savings over a period of time. Not Applicable. The program/policy is not applicable to the proposed project. Urban Forestry: Encourage public and private construction of LEED (Leadership in Energy and Environmental Design) certified (or equivalent) buildings. Compliant. The proposed project conforms to this policy/program. Energy Conservation Policies & Actions: Recognize and promote energy saving measures beyond Title 24 requirements for residential and commercial projects. Compliant. The proposed project conforms to this policy/program. Energy Conservation Policies & Actions: Where feasible, include in new buildings facilities to support the use of low/zero carbon fueled vehicles, such as the charging of electric vehicles from green electricity sources. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Offer rebates and low-interest loans to residents that make energy-saving improvements on their homes. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Purchase Energy Star equipment and appliances for public agency use. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Incorporate on-site renewable energy production, including installation of photovoltaic cells or other solar options. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Design, build, and operate schools that meet the Collaborative for High Performance Schools (CHPS) best practices. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Retrofit municipal water and wastewater systems with energy efficient motors, pumps and other equipment, and recover wastewater treatment methane for energy production. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Educate the public, schools, other jurisdictions, professional associations, business, and industry about reducing GHG emissions. Not Applicable. The program/policy is not applicable to the proposed project. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 62 Table 3-5 (continued) Project Conformity with GHG Mitigation Identified by the State Office of Planning Research Recommended Measures Project Applicability/Compliance Energy Conservation Policies & Actions: Convert landfill gas into energy sources for use in fueling vehicles, operating equipment, and heating buildings. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Purchase government vehicles and buses that use alternatives fuels or technology, such as electric hybrids, biodiesel, and ethanol. Where feasible, require fleet vehicles to be low emission vehicles. Promote the use of these vehicles in the general community. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Offer government incentives to private businesses for developing buildings with energy and water efficient features and recycled materials. The incentives can include expedited plan checks and reduced permit fees. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Create bicycle lanes and walking paths directed to the location of schools, parks, and other destination points. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Offer government employees financial incentives to carpool, use public transportation, or use other modes of travel for daily commutes. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Encourage large businesses to develop commute trip reduction plans that encourage employees who commute alone to consider alternative transportation modes. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Develop shuttle systems around business district parking garages to reduce congestion and create shorter commutes. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Create an online ridesharing program that matches potential carpoolers immediately through email. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Develop a Safe Routes to School program that allows and promotes bicycling and walking to school. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce Solid Waste: Create incentives to increase recycling and reduce generation of solid waste by residential users. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce Solid Waste: Implement a Construction and Demolition Waste Recycling Ordinance to reduce the solid waste created by new development. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce Solid Waste: Add residential/commercial food waste collection to existing green waste collection programs. Not Applicable. The program/policy is not applicable to the proposed project. Source: California Office of Planning and Research, Technical Advisory. June 19, 2008. Given the proposed project’s conformity with six of the applicable programs listed in Table 3-5 and measures identified by the OPR as being effective in reducing GHG emissions, the impacts will be less than significant. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 63 B. Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of greenhouse gases? ● Less than Significant Impact with Mitigation. The City’s General Plan does not specifically identify any local GHG emissions polices.54 However, the City adopted a Sustainability Action Plan in 2011 with the goal of promoting green and sustainable development. The Plan identified mitigation measures aimed at reducing the City’s carbon footprint for four key areas. These areas include energy efficiency, transportation and land use planning, water protection and conservation, and the management of waste resources.55 Retail Building 1 will include two short-term bicycle racks that will hold up to four bicycles and one long-term wall mounted bicycle rack; eight clean air/vanpool parking spaces, and seven electric vehicle charging stations. Retail Building 2 will provide a bicycle rack that will hold up to two bicycles, three clean air/vanpool parking spaces, and three electric vehicle charging stations. Lastly, the Quick Serve Restaurant (Building 3) will include a bicycle rack that will have a capacity of two bicycles, three clean air/vanpool parking spaces, and three electric vehicle charging stations.56 Additionally, in order to ensure the further conformance with the Plan, the following mitigation measure is required: ● The Applicant must install ENERGY STAR appliances and lighting. ENERGY STAR rated windows and doors must also be installed. The project Applicant will be required to adhere to all SCAQMD construction regulations. In addition, the project will involve the reuse of an existing urban property and “infill development” and is seen as an important strategy in reducing regional GHG emissions. The potential impacts are considered to be less than significant with the implementation of the aforementioned mitigation measures. 3.7.3 CUMULATIVE IMPACTS The analysis herein determined that the implementation of the proposed project would not result in any significant adverse impacts related to the emissions of GHG with the implementation of the above- mentioned mitigation measures. 3.7.4 MITIGATION MEASURES Implementation of the following mitigation measures will reduce the proposed project’s emission of greenhouse gases: Mitigation Measure No. 4 (Greenhouse Gas Emissions Impacts). The Applicant must install ENERGY STAR appliances and lighting. ENERGY STAR rated windows and doors must also be installed. 54 City of Vernon General Plan. Resources Element. Site accessed January 9, 2017. 55 City of Vernon Health and Environmental Control Department. City of Vernon Sustainability Acton Plan. Plan dated 2011. 56 Michael Caley Architects. Site Plan. May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 64 3.8 HAZARDS & HAZARDOUS MATERIALS IMPACTS 3.8.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on risk of upset and human health if it results in any of the following: ● The creation of a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials; ● The creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; ● The generation of hazardous emissions or the handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; ● Locating the project on a site that is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 resulting in a significant hazard to the public or the environment; ● Locating the project within an area governed by an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or a public use airport; ● Locating the project in the vicinity of a private airstrip that would result in a safety hazard for people residing or working in the project area; ● The impairment of the implementation of, or physical interference with, an adopted emergency response plan or emergency evacuation plan; or, ● The exposure of people or structures to a significant risk of loss, injury, or death involving wild land fire, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands. 3.8.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ● Less than Significant Impact. The project site is not located on the California Department of Toxic Substances Control’s Hazardous Waste and Substances (Cortese) database.57 In addition, the project site is not identified on any Leaking Underground Storage Tank database (LUST). The United States Environmental Protection Agency’s multi-system search was consulted to determine whether the project site is identified on any Federal Brownfield list; Federal Comprehensive Environmental Response, Compensation and Liability 57 CalEPA. Cortese List Data Resources. http://www.calepa.ca.gov/sitecleanup/corteselist/ CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 65 Information System (CERCLIS) List; Federal Resource Conservation and Recovery Act (RCRA) Treatment, Storage, and Disposal (TSD) Facilities List; and/or Federal RCRA Generators List. The project site is also included in the RCRA database for the former tenant Chemclear of Los Angeles, Inc.; however, the parcel (3165 East Slauson Avenue) was issued a No Further Action (NFA) letter and no additional action is required.58 The No Further Action Letter was issued on January 11, 2012. According to the letter, the soil contamination remaining on-site from total petroleum hydrocarbons and certain volatile organic compounds (VOCs) such as benzene will not affect groundwater or present a risk to future employees above ground. Nevertheless, these aforementioned contaminants are present in depths between 25 to 40 feet. As a result, any demolition or construction that extends below ground surface must be preceded by a work plan which must be submitted to the City’s Department of Health and Environmental Control.59 As a result, the project’s construction would not require the removal, handling, transportation, and disposal of contaminated soil or any USTs. Conversely, lead based paint and asbestos containing materials may be present in the flooring, walls, roof materials, dry wall, etc due to the ages of the buildings present on-site. The Applicant, and the contractors, must adhere to all requirements governing the handling, removal, and disposal of asbestos-containing materials, lead paint, underground septic tanks, and other hazardous substances and materials that may be encountered during demolition and land clearance activities. Any contamination encountered during the demolition, grading, and/or site preparation activities must also be removed and disposed of in accordance with applicable laws before the City issues any building permit. As a result, the potential impacts related to the project’s construction are considered to be less than significant. The proposed project consists of two retail buildings and a quick service restaurant. Due to the nature of the proposed project (retail and a quick service restaurant), no hazardous materials beyond what is typically used in a household setting will be used once the project is occupied. As stated in Section 2.4, an alternative use for Retail Building 2 is also proposed. The Applicant wants the option to dedicate Retail Building 2 as a medical office. Therefore, if the medical office alternative is selected, the project’s future tenant will need to comply with all standards set forth by the California Department of Public Health in the January 2015 edition of the Medical Waste Management Act (California Health and Safety Code Sections 117600-118360) since the project is considered to be a “Medical Waste Generator.”60 According to the State’s Medical Waste Management Act: “Medical waste” means any biohazardous, pathology, pharmaceutical, or trace chemotherapy waste not regulated by the federal Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended; sharps and trace chemotherapy wastes generated in a health care setting in the diagnosis, treatment, immunization, or care of humans or animals; waste generated in autopsy or necropsy; waste generated during preparation of a body for final disposition such as 58 United States Environmental Protection Agency. Environfacts-Multisystem Search. http://www.envirostor.dtsc.ca.gov/public/profile_report.asp?global_id=80001484 59 SCS Engineers. No Further Action Letter for 5816 and 5820 South Boyle Avenue in Vernon California. Letter dated January 11, 2012. 60 Section 117705-Medical Waste Generator subsection A defines Medical Waste Generators as “Medical and dental offices, clinics, hospitals, surgery centers, laboratories, research laboratories, unlicensed health facilities, those facilities required to be licensed pursuant to Division 2 (commencing with Section 1200), chronic dialysis clinics, as regulated pursuant to Division 2 (commencing with Section 1200), and education and research facilities.” CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 66 cremation or interment; waste generated in research pertaining to the production or testing of microbiologicals; waste generated in research using human or animal pathogens; sharps and laboratory waste that poses a potential risk of infection to humans generated in the inoculation of animals in commercial farming operations; waste generated from the consolidation of home- generated sharps; and waste generated in the cleanup of trauma scenes. Biohazardous, pathology, pharmaceutical, sharps, and trace chemotherapy wastes that meet the conditions of this section are not subject to any of the hazardous waste requirements found in Chapter 6.5 (commencing with Section 25100) of Division 20.”61 Medical waste will be generated from the examination rooms. Soiled waste, bed sheets, gowns, and other clothing will be disposed of into properly designated storage rooms. The potential tenant will be required to prepare a Medical Waste Management Plan pursuant to Sections 117935 or 117960 of the California Health and Safety Code.62 The preparation of the Medical Waste Management Plan will reduce potential impacts to levels that are less than significant. B. Would the project create a significant hazard to the public or the environment, or result in reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ● Less than Significant Impact. Due to the nature of the proposed project, the use of any hazardous materials will be limited to those that are commercially available and typically used in a household setting. Additionally, all older building materials containing ACM/LBP will be removed by a certified abatement contractor. The project’s implementation will not require the removal, handling, transport, or disposal of contaminated soils. Should the option of a medical clinic be pursued, the potential tenant will be required to prepare a Medical Waste Management Plan pursuant to Sections 117935 or 117960 of the California Health and Safety Code.63 The preparation of the Medical Waste Management Plan will reduce potential impacts to levels that are less than significant. C. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ● Less than Significant Impact. The project site is not located within one-quarter of a mile from a school. The nearest school is Huntington Park High School, located 0.35 miles to the southwest. Because of the nature of the proposed use (a quick service restaurant and general retail uses), no hazardous or acutely hazardous materials will be emitted that may affect a sensitive receptor. As a result, no impacts from the operation of the future uses are anticipated. The project will involve the grading of the site and the removal of the existing on-site improvements. During these activities, lead and/or asbestos containing materials may be encountered though the handling, removal, and disposal are governed by State regulations. No additional mitigation is required and the impacts will be less than significant. 61 California Department of Public Health Medical Waste Management Program. Medical Waste Management Act, Chapter 2-Definitions, Section 117690 Medical Waste. January 2017. 62 Ibid. 63 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 67 D. Would the project be located on a site, which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5, and, as a result, would it create a significant hazard to the public or the environment? ● Less Than Significant Impact with Mitigation. The Cortese List, also referred to as the Hazardous Waste and Substances Sites List or the California Superfund List, is a planning document used by the State and other local agencies to comply with CEQA requirements that require the provision of information regarding the location of hazardous materials release sites. California Government Code section 65962.5 requires the California Environmental Protection Agency to develop and update the Cortese List on annually basis. The list is maintained as part of the DTSC's Brownfields and Environmental Restoration Program referred to as EnviroStor. The database currently contains 575 sites, including the Federal Superfund sites. The database was consulted in January of 2017. A search of the Envirostor Hazardous Waste and Substances Site List website was completed to identify whether the project site is listed in the database as a Cortese site.64 The site was identified on the Federal RCRA list; however, the affected parcel located within the site was issued a No Further Action letter and no additional clean up or remediation is required. A soil vapor study was prepared for the Applicant by Fulcrum Resources Environmental. A total of 12 soil borings were dug at depths up to five feet and samples were collected using vapor probes installed within the borings. According to the results of the sampling, concentrations of Tetrachloroethylene (PCE) exceeded the Environmental Screening Levels (ESLs) established by the Regional Water Quality Control Board.65 As a result, the following mitigation is required: ● Sub-slab vapor barriers must be installed below the three new buildings. Adherence to the mitigation provided above will reduce potential impacts to levels that are considered to be less than significant. E. Would the project be located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or a public use airport, would the project result in a safety hazard for people residing or working in the project area? ● No Impact. The project site is located approximately seven miles to the northeast of the Compton/Woodley Airport.66 The site is not located within the designated Runway Protection Zone and the proposed project will not penetrate the airport’s 20:1 slope.67 Essentially, the proposed project will not introduce a building that will interfere with the approach and take off of airplanes utilizing the aforementioned airport. The runway protection zones for approaches and takeoffs extend 1,000 feet to the east and west. These protection zones do not extend to the project site since the site is located a considerable distance from the aforementioned airport. As a result, the construction and subsequent operation of the proposed project 64 California, State of. California Department of Toxic Substances Control Envirostor Hazardous Waste and Substances Site List. http://www.envirostor.dtsc.ca.gov/public/search.asp (Website accessed January 24, 2017). 65 Fulcrum Resources Environmental. Soil Vapor Sample Results. Letter dated October 30, 2017. 66 Google Earth. Website accessed January 17, 2017. 67 Los Angeles County Department of Regional Planning. Los Angeles County Airport Land Use Commission (ALUC), Airport Layout Plan. http://planning.lacounty.gov/assets/upl/project/aluc_compton-plan.pdf CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 68 will not present a safety hazard related to aircraft or airport operations at a public use airport and no impacts will occur. F. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ● No Impact. The project site is not located within two miles of an operational private airport or airstrip.68 As a result, the proposed use will not present a safety hazard related to aircraft and/or airport operations at a private use airstrip and no impacts are anticipated to occur. G. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ● No Impact. At no time will Slauson Avenue or any other designated or potential emergency evacuation routes be closed to vehicular traffic as a result of the project’s implementation. Thus, no impacts on emergency response or evacuation plans will result from the project’s construction. H. Would the project expose people or structures to a significant risk of loss, injury, or death involving wild lands fire, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? ● No Impact. The entire City is urbanized and the parcels found within the affected area are developed.69 There are no areas of native vegetation found within or adjacent to the project site. As a result, there are no impacts from wildfire risk from off-site locations. 3.8.3 CUMULATIVE IMPACTS The potential impacts related to hazardous materials are site specific. Furthermore, the analysis herein also determined that the implementation of the proposed project would not result in any significant immitigable impacts related to hazards and/or hazardous materials. As a result, no significant cumulative impacts will result from the proposed project’s implementation. 3.8.4 MITIGATION MEASURES According to the soil vapor study that was prepared for the project site, the site contains elevated concentrations of PCE. Therefore, the following mitigation is required: Mitigation Measure No. 5 (Hazards & Hazardous Materials Impacts). Sub-slab vapor barriers must be installed below the three new buildings. 68 Tollfreeairline. Los Angeles County Public and Private Airports, California: http://www.tollfreeairline.com/california/losangeles.htm 69 Blodgett Baylosis Environmental Planning. Site survey. Survey was conducted on January 4, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 69 3.9 HYDROLOGY & WATER QUALITY IMPACTS 3.9.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse environmental impact on water resources or water quality if it results in any of the following: ● A violation of any water quality standards or waste discharge requirements; ● A substantial depletion of groundwater supplies or interference with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level; ● A substantial alteration of the existing drainage pattern of the site or area through the alteration of the course of a stream or river in a manner that would result in substantial erosion or siltation on- or off-site; ● A substantial alteration of the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner that would result in flooding on- or off-site; ● The creation or contribution of water runoff that would exceed the capacity of existing or planned storm water drainage systems or the generation of substantial additional sources of polluted runoff; ● The substantial degradation of water quality; ● The placement of housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary, Flood Insurance Rate Map, or other flood hazard delineation map; ● The placement of structures within 100-year flood hazard areas that would impede or redirect flood flows; ● The exposure of people or structures to a significant risk of flooding as a result of dam or levee failure; or, ● The exposure of a project to inundation by seiche, tsunami, or mudflow. 3.9.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project violate any water quality standards or waste discharge requirements? ● Less than Significant Impact. The implementation of the proposed project will not result in a violation in water quality standards or discharge requirements because the project Applicant will be required to implement the construction and operational Best Management Practices (BMPs) identified in the Water Quality Management Plan CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 70 (WQMP). The WQMP is required by both the City’s Engineering Department and the Regional Water Quality Control Board. During construction, the contractors must adhere to the minimum BMPs for the construction site. These BMPs include the limiting of grading during rain events; planting vegetation on slopes; covering slopes susceptible to erosion; maintaining stockpiles of soil on-site; and containing runoff, spills, and equipment on-site. The operational BMPs have not yet been identified. However, the WQMP may recommend the use of biofiltration/retention basins, stormwater detention chambers, grate inlet filters, and bioswales as well as other mechanisms for reducing runoff and removing potential contaminants. The biofiltration basins facilitate proper treatment and discharge of storm water runoff by using plants to capture and biologically degrade pollutants carried by storm water runoff. Biofiltration/retention areas also reduce the volume of storm water runoff discharged into the local storm drains.70 These facilities normally consist of a grass buffer strip, sand bed, ponding area, organic layer or mulch layer, planting soil, and plants. The runoff’s velocity is reduced by passing over or through a sand bed and is subsequently distributed evenly along a ponding area. The WQMP may also recommend the use of stormwater detention chambers and/or grate inlet filters. The purpose of the stormwater chambers is to contain stormwater in the event of heavy rainfall. The excess water will either be diverted into the existing storm drain through a system of newly proposed storm drains or will filter and percolate into the ground. Grate inlet filters (or drain inserts) are filters placed into existing drain inlets. These devices are designed to removed sediment, nutrients (nitrogen and phosphorus), trash, metals, and oil and grease. A fourth operational BMP alternative may include the installation of bioswales. Bioswales are typically shallow trenches with gently sloping slopes that are lined with dense low-lying vegetation. Under drains may be installed if the underlying soils are not conducive to stormwater percolation. Adherence to the construction and post construction BMPs identified in the WQMP will ensure that all potential impacts remain at a level that is less than significant. B. Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge in such a way that would cause a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of a pre-existing nearby well would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ● Less than Significant Impact. Grading related activities are not anticipated to deplete groundwater supplies from any underlying aquifer or interfere with any groundwater recharge activities. The footings that will be installed to accommodate the building will not extend more than ten feet below the surface. In addition, the proposed project will be connected to the City’s water lines and is not anticipated to deplete groundwater supplies through the consumption of the water. The project will be required to install Xeriscape landscaping and water efficient appliances to reduce the burden placed on the City’s water resources (refer to Section 3.18). Future water consumption will be limited to that used for landscaping, restroom use, and routine maintenance and cleaning. The project Applicant will be required to adhere to the applicable BMPs for the construction site. 70 California Department of Transportation. Biofiltration Strips. http://www.dot.ca.gov/hq/LandArch/16_la_design/guidance/ec_toolbox/stormwater/biofiltration_strips.htm CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 71 Adherence to the required BMPs will restrict the discharge of contaminated runoff into the local storm drain system. As a result, the impacts are anticipated to be less than significant. C. Would the project substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? ● Less than Significant Impact. The project’s implementation will increase the amount of pervious surfaces on-site. The Applicant will prepare a WQMP that will identify both construction and post-construction (operational) BMPs. The implementation of the required BMPs will improve the quality and reduce the quantity of stormwater runoff by facilitating proper filtration and percolation of excess runoff. Therefore, the risk of off-site erosion and/or siltation will be minimal given the reduced water runoff and the lack of pervious surfaces outside of the project site. Additionally, the project site is located 1.12 miles to the south of the channelized Los Angeles River.71 The proposed project will be restricted to the designated site and will not alter the course of the Los Angeles River. In addition, the project will not substantially alter the site’s natural drainage patterns because previous construction activities may have altered this site’s original drainage patterns. No other bodies of water are located in and around the project site. As a result, the impacts are considered to be less than significant. D. Would the project substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner, which would result in flooding on- or off- site? ● No Impact. Implementation of the proposed project will increase the amount of pervious surfaces on-site. In addition, the project will include the installation of construction and operational BMPs designed to reduce the amount of stormwater runoff discharged into the streets over the present conditions. Once operational, runoff will continue to drain into storm drains located along Slauson Avenue and Boyle Avenue, though the volume of runoff will be less than the present amount. As indicated previously, the proposed project will be restricted to the designated site and will not alter the course of the channelized Los Angeles River located over one mile to the north and east of the site. In addition, the proposed project will be properly drained and is not expected to result in on-or off-site flooding. As a result, no impacts are anticipated. E. Would the project create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? ● Less than Significant Impact. Once constructed, the project will not introduce polluted runoff into the existing storm drain system. In addition, the project will not create excess runoff that will exceed the capacity of the existing storm water drainage system. The project Applicant will be required to implement the construction and operational Best Management Practices (BMPs) identified in the Water Quality Management Plan (WQMP). These operational BMPs will reduce the amount of stormwater runoff discharged into the streets. Stormwater 71 Google Earth. Website accessed January 24, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 72 will be detained on-site and gradually discharged into the local storm drains. The vegetation that is present within the biofiltration/detention basins and in the bioswales will effectively filter out contaminants present in runoff. Additional filters and drains provided below the surface vegetation will ensure maximum filtration. Supplementary mechanisms including grate inlet filters capture larger materials such as garbage, soils, leaves, etc before they are discharged into the local storm drains. During construction, the contractors must adhere to the minimum BMPs for the construction site. These BMPs include the limiting of grading during rain events; planting vegetation on slopes; covering slopes susceptible to erosion; maintaining stockpiles of soil on-site; and containing runoff, spills, and equipment on-site. Implementation of the above-mentioned BMPs will reduce potential impacts to levels that are less than significant. F. Would the project otherwise substantially degrade water quality? ● No Impact. Adherence to the BMPs discussed in Sections 3.9.2.A, 3.9.2.B, and 3.9.2.E will reduce potential water quality impacts to levels that are less than significant. As a result, no other impacts are anticipated. G. Would the project place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ● No Impact. According to the Federal Emergency Management Agency (FEMA) flood insurance map obtained from the Los Angeles County Department of Public Works, the proposed project site is located in Zone X.72 This flood zone has an annual probability of flooding of less than 0.2 percent and represents areas outside the 500-year flood plain.73 As a result, no impacts related to flood flows are associated with the proposed project’s implementation. H. Would the project place within a 100-year flood hazard area, structures that would impede or redirect flood flows? ● No Impact. As indicated previously, the project site is not located within a designated 100-year flood hazard area as defined by FEMA.74 Therefore, the proposed project will not involve the placement of any structures that would impede or redirect potential floodwater flows since the site is not located within a flood hazard area. As a result, no flood-related impacts are anticipated with the proposed project’s implementation. 72 Los Angeles County Department of Public Works. Flood Zone Determination Website. http://dpw.lacounty.gov/wmd/floodzone/ 73 FEMA. Flood Zones, Definition/Description. http://www.fema.gov/floodplain-management/flood-zones 74 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 73 I. Would the project expose people or structures to a significant risk of flooding as a result of dam or levee failure? ● Less than Significant Impact. According to the City’s Natural Hazards Mitigation Plan, the two major dams which could significantly impact the City in the event of failure are Hansen Dam and Sepulveda Dam. Neither of these dams is located in the City. However, the project site (and City) is located within the inundation paths of both dams. Because dam failure can have severe consequences, FEMA requires that all dam owners develop Emergency Action Plans (EAP) for warning, evacuation, and post-flood actions. Although there may be coordination with county officials in the development of the EAP, the responsibility for developing potential flood inundation maps and facilitation of emergency response is the responsibility of the dam owner. 75 Adherence to the evacuation plans identified in the EAPs for the Hansen and Sepulveda Dam will reduce potential impacts to levels that are less than significant. J. Would the project result in inundation by seiche, tsunami, or mudflow? ● No Impact. The project site is located approximately 11 miles to the north of the Pacific Ocean and the project area would not be exposed to the effects of a tsunami. A seiche in the Los Angeles River or any other body of water located within the Los Angeles River Watershed is not likely to happen since all streams and rivers located within the Los Angeles River Watershed are channelized and contain a low volume of water. Lastly, the project site will not be subject to mudslides because the project site and surrounding areas are generally level. As a result, no impacts are likely to occur. 3.9.3 CUMULATIVE IMPACTS The potential impacts related to hydrology and storm water runoff are typically site specific. The implementation of the proposed project will not result in any significant adverse impacts related to hydrology. As a result, no cumulative impacts are anticipated. 3.9.4 MITIGATION MEASURES The implementation of the proposed project will not result in any significant adverse impacts related to hydrology and water quality. The project Applicant will be required to implement the construction BMPs discussed in Section 3.9.2.A. These construction BMPs will prevent the discharge of polluted runoff into the local storm drain system. The Applicant will also be required to implement the post construction BMPs identified in the previous subsections. The BMPs will prevent the contamination of runoff once the project is occupied. As a result, no additional mitigation measures are required. 75 Emergency Planning Consultants. City of Vernon Natural Hazards Mitigation Plan. Dated October 20, 2004. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.10 ● LAND USE & PLANNING IMPACTS PAGE 74 3.10 LAND USE & PLANNING IMPACTS 3.10.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant impact on land use and development if it results in any of the following: ● The disruption or division of the physical arrangement of an established community; ● A conflict with an applicable land use plan, policy, or regulation of the agency with jurisdiction over the project; or, ● A conflict with any applicable conservation plan or natural community conservation plan. 3.10.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project physically divide or disrupt an established community or otherwise result in an incompatible land use? ● No Impact. The project will be restricted to the project site and will not divide or disrupt the residential neighborhood located 0.39 miles to the southwest of the site along the west side of Miles Avenue. In addition, the proposed project will not result in an incompatible land use since the proposed project conforms to the applicable City of Vernon General Plan and Zoning designations. As a result, no impacts will occur. B. Would the project conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to, a general plan, proposed project, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ● No Impact. The project site is currently zoned as Commercial-1 (C-1) overlay zone (refer to Exhibit 3-4 for the Zoning map). The project site’s General Plan land use designation is Industrial (refer to Exhibit 3-4). The implementation of the project will require the approval of a Conditional Use Permit to permit the construction and operation of commercial uses within the C-1 overlay zone. The proposed project conforms to the City’s floor area ratio (FAR), minimum lot size, setback, landscaping, and parking requirements. The project will have a maximum FAR of 0.26 and will be constructed on a 127,515 square-foot lot. The Zoning Code permits a maximum FAR of 2.1. The Zoning Code also requires all commercial uses to be constructed on a lot that is greater than 25,000 square feet in size. In addition, the project exceeds the 15-foot building setback required by the City. The building that is closest to a local roadway will be the quick service restaurant located in the southwest corner of the site. This building will be setback 18 feet from Slauson Avenue. Lastly, the project meets the City’s landscape requirements. Per the City’s Zoning Code, at least five percent of the project area must be dedicated for landscaping. A total of 9,617 square feet of landscaping, or eight percent, will be provided. The project conforms to all of the development standards outlined by the City for the C-1 overlay. Thus, no general plan amendment, zone change, or variance is required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.10 ● LAND USE & PLANNING IMPACTS PAGE 75 EXHIBIT 3-4 ZONING AND GENERAL PLAN MAP Source: City of Vernon and Quantum GIS Project Site C-1, Commercial - 1 / Commercial Industrial / Industrial Zoning / General Plan CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.10 ● LAND USE & PLANNING IMPACTS PAGE 76 In addition, the project site is not subject to a local coastal program or a specific plan.76 As a result, no impacts are anticipated. C. Will the project conflict with any applicable habitat conservation plan or natural community conservation plan? ● No Impact. As indicated in Section 3.4.2.F, the Los Angeles River is currently the focus of a revitalization effort lead by the City of Los Angeles. The City of Los Angeles intends to focus on the 32-mile portion of the river that flows from Owensmouth Avenue, located in the San Fernando Valley, to the northern border of the City of Vernon.77 The portion of the river that flows parallel to the eastern boundary of Vernon will thus be unaffected. The proposed project will be restricted to the project site and will not impact the revitalization efforts undertaken for the Los Angeles River. As a result, no impacts are anticipated to occur with the implementation of the proposed project. 3.10.3 CUMULATIVE IMPACTS The analysis determined that the proposed project would not result in any significant adverse land use impacts. As a result, no significant adverse cumulative land use impacts will occur. 3.10.4 MITIGATION MEASURES The analysis of land use and development impacts indicated that no significant adverse impacts on land use and development would result from the implementation of the proposed project. As a result, no mitigation measures are required. 76 Google Earth. Website accessed January 24, 2017. 77 City of Los Angeles. Notice of Preparation/Notice of Intent for The EIR/Environmental Impact Statement for the Los Angeles River Revitalization Master Plan. March 30, 2006. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.11 ● MINERAL RESOURCES IMPACTS PAGE 77 3.11 MINERAL RESOURCES IMPACTS 3.11.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on energy and mineral resources if it results in any of the following: ● The loss of availability of a known mineral resource that would be of value to the region and the residents of the State; or, ● The loss of availability of a locally important mineral resource recovery site delineated on a local general plan, proposed project, or other land use plan. 3.11.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the State? ● No Impact. The project site is not located in a Significant Mineral Aggregate Resource Area (SMARA) nor is it located in an area with active mineral extraction activities. A review of California Division of Oil, Gas, and Geothermal Resources well finder indicates that there are no wells located on-site or in the vicinity of the project site.78 The nearest well is located 0.65 miles to the southeast of the project site along Benedict Way. The well is presently plugged and abandoned.79 In addition, according to SMARA study area maps prepared by the California Geological Survey, the City of Vernon is located within the larger San Gabriel Valley SMARA (identified as the Portland cement concrete- grade aggregate).80 However, as indicated in the San Gabriel Valley P-C region MRZ-2 map, the project site is not located in an area where there are significant aggregate resources present.81 In addition, the project site is not located in an area with active mineral extraction activities. As a result, no impacts to mineral resources will occur. B. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, proposed project, or other land use plan? ● No Impact. A review of the San Gabriel Valley P-C region MRZ-2 map indicated that the project site is not located in an area that contains aggregate resources.82 Therefore, the project’s implementation will not contribute to a loss of availability to locally important mineral resources. Furthermore, the resources and materials that 78 California, State of Department of Conservation. California Oil, Gas, and Geothermal Resources Well Finder. http://maps.conservation.ca.gov/doggr/index.html#close 79 California, State of. Department of Conservation. Well Details. https://secure.conservation.ca.gov/WellSearch/Details?api=03720120 80 California Department of Conservation. San Gabriel Valley P-C Region Showing MRZ-2 Areas and Active Mine Operations. ftp://ftp.consrv.ca.gov/pub/dmg/pubs/sr/SR_209/Plate%201.pdf 81 Ibid. 82 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.11 ● MINERAL RESOURCES IMPACTS PAGE 78 will be utilized for the construction of the proposed project will not include any materials that are considered rare or unique. Thus, no impacts will result with the implementation of the proposed project. 3.11.3 CUMULATIVE IMPACTS The potential impacts on mineral resources are site specific. Furthermore, the analysis determined that the implementation of the proposed project would not result in any impacts on mineral resources and no cumulative impacts will occur. 3.11.4 MITIGATION MEASURES The analysis of potential impacts related to mineral resources indicated that no significant adverse impacts would result from the proposed project’s implementation. As a result, no mitigation measures are required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 79 3.12 NOISE IMPACTS 3.12.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant impact on the environment if it results in any of the following: ● The exposure of persons to, or the generation of, noise levels in excess of standards established in the local general plan, noise ordinance or applicable standards of other agencies; ● The exposure of people to, or generation of, excessive ground-borne noise levels; ● A substantial permanent increase in ambient noise levels in the vicinity of the project above levels existing without the project; ● A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project; ● Locating within an area governed by an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or private use airport, where the project would expose people to excessive noise levels; or, ● Locating within the vicinity of a private airstrip that would result in the exposure of people residing or working in the project area to excessive noise levels. 3.12.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project result in exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ● Less than Significant Impact. Noise levels may be described using a number of methods designed to evaluate the "loudness" of a particular noise. The most commonly used unit for measuring the level of sound is the decibel (dB). Zero on the decibel scale represents the lowest limit of sound that can be heard by humans. The eardrum may rupture at 140 dB. In general, an increase of between 3.o dB and 5.o dB in the ambient noise level is considered to represent the threshold for human sensitivity. Noise levels that are associated with common, everyday activities are illustrated in Exhibit 3-5. Noise may be generated from a point source, such as a piece of construction equipment, or from a line source, such as a road containing moving vehicles. Because the area of the sound wave increases as the sound gets further and further from the source, less energy strikes any given point over the surface area of the wave. This phenomenon is known as spreading loss. Due to spreading loss, noise decreases with distance. The ambient noise environment within the project area is dominated by traffic noise emanating from Slauson and Boyle Avenue and from the adjacent uses. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 80 165 160 155 150 145 140 sonic boom 135 130 125 jet take off at 200 ft. 120 115 music in night club interior 110 motorcycle at 20 ft. 105 power mower 100 95 freight train at 50 ft. 90 food blender 85 electric mixer, light rail train horn 80 75 70 portable fan, roadway traffic at 50 ft. 65 60 dishwasher, air conditioner 55 50 normal conversation 45 refrigerator, light traffic at 100 ft. 40 35 library interior (quiet study area) 30 25 20 15 10 rustling leaves 5 0 Serious Injury Pain Discomfort Range of Typical Noise Levels Threshold of Hearing EXHIBIT 3-5 TYPICAL NOISE SOURCES AND LOUDNESS SCALE Source: Blodgett Baylosis Environmental Planning Noise Levels – in dBA CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 81 The implementation of the proposed project will not expose sensitive receptors to excessive noise levels. The nearest noise sensitive land uses include the single-family residential units located 866 feet to the southwest of the project site along the south side of Belgrave Avenue.83 Noise emanating from the project site will not affect the aforementioned sensitive receptors because the adjacent industrial and commercial uses obstruct the line-of-sight between the single-family houses and the project site. This industrial development attenuates sound travelling from the project site. Additionally, noise levels naturally decline as the distance increases. Therefore, audible noise generated from the project site would not be as loud once it travels to the aforementioned residential units in the absence of the existing attenuation. According to the General Plan, the project site is located within the 60 to 70 CNEL boundaries.84 Therefore, the proposed use will be constructed in an area with “a clearly to normally” compatible ambient noise environment.85 In addition, the future tenant will be required to adhere to all pertinent noise control regulations outlined by the City of Vernon. As a result, the potential impacts will be less than significant. B. Would the project result in exposure of people to, or generation of, excessive ground-borne noise levels? ● Less than Significant Impact. There are no noise sensitive receptors located within the vicinity of the project site.86 The current noise environment within the project area is dominated by traffic and operational noise from the adjacent uses. The major source of noise from the proposed project itself will be related to vehicle noise (horns, alarms, etc.) from the internal drive-aisles and parking areas as well as noise from the drive-thru speaker equipment. Once operational, the project will not result in the exposure of people (employees) to excessive ground-borne noise levels because the project will be required to conform to the requirements included in the City’s Noise Control Ordinance. Furthermore, the project is not a noise sensitive use. The cumulative traffic associated with the proposed project will not be great enough to result in a measurable or perceptible increase in traffic noise (it typically requires a doubling of traffic volumes to increase the ambient noise levels by 3.0 dBA or greater). The addition of the project trips (1,794 trips) is fewer than the amount needed to result in a perceptible increase in traffic noise. As a result, the traffic noise impacts resulting from the proposed project’s occupancy are deemed to be less than significant. C. Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ● Less than Significant Impact. The cumulative traffic associated with the proposed project will not be great enough to result in a measurable or perceptible increase in traffic noise (it typically requires a doubling of traffic volumes to increase the ambient noise levels by 3.0 dBA or greater). Therefore, the traffic noise impacts resulting from the proposed project’s occupancy are deemed to be less than significant. The proposed project will be required to adhere to all pertinent City noise regulations. In addition, the project site is not located within 83 Google Earth. Website accessed January 24, 2017. 84 City of Vernon General Plan. Noise Element Figures N-4: 2007 Noise Contours. Website accessed February 7, 2017. 85 City of Vernon General Plan. Noise Element Figure N-3 Community Noise Standards. Website accessed February 7, 2017. 86 Blodgett Baylosis Environmental Planning. Site survey. Survey was conducted on January 4, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 82 the line-of-sight for the single-family residential units located 866 feet to the southwest of the project site along the south side of Belgrave Avenue. As a result, the traffic noise impacts resulting from the proposed project’s occupancy will be less than significant. D. Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ● Less than Significant Impact. Noise levels associated with various types of construction equipment are illustrated in Exhibit 3-6. The noise levels that are indicated in the exhibit illustrate the typical noise levels at a distance of 50 feet from the noise source. Composite construction noise is best characterized by Bolt, Beranek, and Newman.87 In this study, the noisiest phases of construction for non-residential development is presented as 89 dBA as measured at a distance of 50 feet from the construction effort. In later phases during building erection, noise levels are typically reduced from these values and the physical structures further break up line-of- sight noise. However, as a worst-case scenario the 89 dBA value was used as an average noise level for the construction effort. The construction noise levels will decline as one moves away from the noise source. This effect is known as spreading loss. In general, the noise level adjustment that takes the spreading loss into account calls for a 6.0 dBA reduction for every doubling of the distance beginning with the initial 50- foot distance. The nearest sensitive receptors include the single-family residential units that are located 866 feet to the southwest of the project site. As a result, the estimate noise levels from construction will be under 60 dBA. These levels will be further reduced due to the presence of buildings obstructing the line- of-sight between the aforementioned uses and the project site. The project Applicant will be required to adhere to the City’s noise control regulations, which limits construction noise levels and construction times. No mitigation is required due to the absence of any noise sensitive land uses. As a result, the potential impacts are considered to be less than significant. E. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ● No Impact. As indicated previously, the project site is not located within the Compton/Woodley Airport’s Runway Protection Zone (RPZ), nor is the site located within the airport’s 60 CNEL boundary.88 As a result, no impacts related to the exposure of persons to aircraft noise from a public use airport are anticipated. F. Within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ● No Impact. The project site is not located within two miles of an operational private airport. As a result, no impacts related to the exposure of persons to aircraft noise from a private airstrip will result from the proposed project. 87 USEPA, Protective Noise Levels. 1971. 88 Los Angeles County Department of Regional Planning. Los Angeles County Airport Land Use Commission (ALUC), Airport Layout Plan. http://planning.lacounty.gov/assets/upl/project/aluc_compton-plan.pdf CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 83 Compactors (Rollers) Front Loaders Backhoes Tractors Scrapers, Graders Pavers Trucks Concrete Mixers Concrete Pumps Cranes (Movable) Cranes (Derrick) Pumps Generators Compressors Pneumatic Wrenches Jack Hammers Pile Drivers Vibrators Saws Impact Equipment Earth Moving Equipment 70 80 90 100 Materials Handling Equipment Other Equipment Stationary Equipment Equipment Powered by Internal Combustion Engines EXHIBIT 3-6 TYPICAL CONSTRUCTION NOISE LEVELS Source: Blodgett Baylosis Environmental Planning Typical noise levels in dBA 50 ft. from source CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 84 3.12.3 CUMULATIVE IMPACTS The analysis indicated the implementation of the proposed project would not result in any significant immitigable adverse cumulative noise impacts. As a result, no significant adverse cumulative noise impacts will occur. 3.12.4 MITIGATION MEASURES The analysis of potential noise impacts determined that the proposed project’s construction and subsequent operation would not result in any significant adverse impacts. As a result, no mitigation is required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.13 ● POPULATION & HOUSING IMPACTS PAGE 85 3.13 POPULATION & HOUSING IMPACTS 3.13.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant impact on housing and population if it results in any of the following: ● A substantial growth in the population within an area, either directly or indirectly related to a project; ● The displacement of a substantial number of existing housing units, necessitating the construction of replacement housing; or, ● The displacement of substantial numbers of people, necessitating the construction of replacement housing. 3.13.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project induce substantial population growth in an area, either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ● No Impact. Growth-inducing impacts are generally associated with the provision of urban services to an undeveloped or rural area. The variables that typically contribute to growth-inducing impacts, and the project’s potential growth-inducing impacts, are identified in Table 3-6 provided below and on the following page. As indicated in Table 3-6, the proposed project would not result in any growth inducing impacts. As a result, no impacts are anticipated. Table 3-6 Potential Growth-Inducing Impacts Factor Contributing to Growth Inducement Project’s Potential Contribution Basis for Determination New development in an area presently undeveloped and economic factors which may influence development. The proposed project would promote development of an underutilized parcel. The new development would promote development consistent with the General Plan Policies for infill development. Extension of roadways and other transportation facilities. The proposed project would not involve the extension or modification of any off- site existing roadways. The only off-site improvements include new driveway connections along Boyle Avenue and Slauson Avenue. Extension of infrastructure and other improvements. No other off-site water, sewer, and other critical infrastructure improvements are anticipated. The only infrastructure improvements would be designed to serve the proposed project only. Major off-site public projects (treatment plants, etc). No major facilities are proposed at this time. No off-site facilities would be required to accommodate the projected demand for wastewater treatment or water. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.13 ● POPULATION & HOUSING IMPACTS PAGE 86 Table 3-6 Potential Growth-Inducing Impacts Factor Contributing to Growth Inducement Project’s Potential Contribution Basis for Determination The housing requiring replacement housing elsewhere. The project does not involve the removal or the replacement of existing affordable or subsidized housing units. No subsidized affordable housing would be affected by the proposed project. Additional population growth leading to increased demand for goods and services. The proposed project would not result in long-term growth in employment. The proposed project will result in 108 potential new jobs. Short-term growth inducing impacts related to the project’s construction. The proposed project may result in the creation of new construction employment. Short-term increases in construction employment are considered a beneficial impact. Source: Blodgett Baylosis Environmental Planning. 2016. According to the Growth Forecast Appendix prepared by SCAG for the 2016-2040 Regional Transportation Plan (RTP), the City of Vernon is projected to add a total of 2,900 jobs through the year 2040.89 A total of 108 people new jobs will be created by the proposed project (refer to Section 2.4.2. for a breakdown of the project’s future employment). The number of jobs that will be created by the proposed project are well within the employment projections generated by SCAG for the City of Vernon. As a result, the potential impacts are considered to be less than significant. B. Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ● No Impact. There is no housing units present on-site. The site is occupied by various industrial uses. As a result, no impacts related to displaced housing will result. C. Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ● No Impact. There is no housing units present on-site. The site is occupied by various industrial uses. As a result, no impacts related to displaced persons will result. 3.13.3 CUMULATIVE IMPACTS The analysis of potential population and housing impacts indicated that no significant adverse housing or population impacts would result from the proposed project’s implementation. As a result, no significant adverse cumulative housing and population impacts will occur. 89 Southern California Association of Governments. Growth Forecast. Regional Transportation Plan 2016-2040. Adopted on April 7, 2016. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.13 ● POPULATION & HOUSING IMPACTS PAGE 87 3.13.4 MITIGATION MEASURES The analysis of potential population and housing impacts indicated that no significant adverse impacts would result from the proposed project’s implementation. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.14 ● PUBLIC SERVICES IMPACTS PAGE 88 3.14 PUBLIC SERVICES IMPACTS 3.14.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on public services if it results in any of the following: ● A substantial adverse physical impact associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to fire protection services; ● A substantial adverse physical impact associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to police protection services; ● A substantial adverse physical impact associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to school services; or, ● A substantial adverse physical impact associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to other government services. 3.14.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to fire protection services? ● Less than Significant Impact. The Vernon Fire Department (VFD) provides fire protection services for the City of Vernon. The City’s Fire Department currently operates four fire stations. Fire Station Number 1, located 0.56 miles to the northeast along Fruitland Avenue, is the closest first response station to the project site.90 The proposed project will undergo review by the VFD to ensure that the site and building design meet all applicable requirements of the Department. The proposed project would not place additional demands on fire services since the project will involve the construction of modern structures that will be subject to all pertinent fire and building codes. As a result, the potential impacts are expected to be less than significant. 90 County of Los Angeles. http://fire.lacounty.gov/HometownFireStations/HometownFireStations.asp. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.14 ● PUBLIC SERVICES IMPACTS PAGE 89 B. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to police protection? ● Less than Significant Impact. The Vernon Police Department provides law enforcement services throughout the City. The police station is located at 4305 South Santa Fe Avenue within the Vernon Civic Center.91 The proposed retail development would likely result in an increase in the number of calls for service. In addition, the project site is located along the north side of a major arterial roadway (Slauson Avenue). To ensure the proposed project elements adhere to the City’s security requirements, the Vernon Police Department will review the site plan and other plans for the proposed project to ensure that the development adheres to the Department requirements. Specifically, all walls, gates, security systems, and shrubbery will be reviewed to ensure defensible space and security requirements are adhered to. Therefore, the potential impacts will be less than significant. C. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, or other performance objectives relative to school services? ● Less than Significant Impact. The proposed project will not involve any development and/or uses that could potentially affect school enrollments. Nevertheless, the project Applicant will be required to pay mandatory development fees to the local school districts. As a result, the impacts will be less than significant. D. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to other governmental services? ● Less than Significant Impact. No new governmental services will be needed and the proposed project is not expected to have any impact on existing governmental services that would cause a need for new or altered facilities. However, the project may indirectly lead to an increase in usage of other government facilities such as parks and the City library if future employees elect to use the aforementioned services and facilities. As a result, the impacts will be less than significant. 3.14.3 CUMULATIVE IMPACTS The proposed project’s implementation will result in an incremental increase in the demand for police and fire service calls, however no new facilities will be required to accommodate the proposed use. As a result, no cumulative impacts are anticipated. 91 Google Earth. Website accessed January 25, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.14 ● PUBLIC SERVICES IMPACTS PAGE 90 3.14.4 MITIGATION MEASURES The analysis of public service impacts indicated that the project will not result in any impacts that would require mitigation. Therefore, no mitigation is required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.15 ● RECREATION IMPACTS PAGE 91 3.15 RECREATION IMPACTS 3.15.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on the environment if it results in any of the following: ● The use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or, ● The construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. 3.15.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ● No Impact. The City of Vernon does not have any public parks and/or recreational facilities.92 Moreover, the project’s implementation will not lead to an increase in the usage of parks and recreational facilities within the neighboring communities are anticipated to occur. As a result, no impacts are anticipated. B. Would the project affect existing recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? ● No Impact. The proposed retail development will not place a measurable or incremental demand on parks and recreational facilities and there will not be any construction or expansion of recreational facilities. As a result, no impacts will occur upon the implementation of the proposed project. t 3.15.3 CUMULATIVE IMPACTS The analysis determined the proposed project would not result in any potential impact on recreational facilities and services. As a result, no cumulative impacts on recreational facilities would result from the proposed project’s implementation. 3.15.4 MITIGATION MEASURES The analysis of potential impacts related to parks and recreation indicated that no significant adverse impacts would result from the proposed project’s implementation. As a result, no mitigation measures are required. 92 City of Vernon General Plan. Resources Element. Site accessed February 7, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 92 3.16 TRANSPORTATION & CIRCULATION IMPACTS 3.16.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project will normally have a significant adverse impact on traffic and circulation if it results in any of the following: ● A conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to, intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit; ● A conflict with an applicable congestion management program, including but not limited to, level of service standards and travel demand measures, or other standards established by the County Congestion Management Agency for designated roads or highways; ● Results in a change in air traffic patterns, including either an increase in traffic levels or a change in the location that results in substantial safety risks; ● Substantially increases hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment); ● Results in inadequate emergency access; or, ● A conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. The purpose of this traffic impact analysis is to evaluate the impacts on traffic circulation system due to the proposed Slauson-Boyle Retail Center development at 3165 Slauson Avenue in the City of Vernon, California. The project site is located on the northeast corner of the intersection of Slauson Avenue and Boyle Avenue. The project consists of demolishing existing uses on-site and constructing two new retail buildings for 22,000 square feet retail uses (in Building 1) and 5,000 square feet retail uses and 3,000 square feet food use in Building 2, plus a separate 3,000 square feet drive-thru quick service restaurant with a 250 square-foot patio. The following are the key objectives of the study: ● Documentation of existing 2017 traffic conditions in the vicinity of the site; ● Determination of Project Opening Year (2018) traffic conditions and level of service (LOS) without and with the project; ● Determination of project related impacts to the circulation system; and, ● Identification of mitigation measures to reduce any significant impacts to a level of insignificance. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 93 The report provides data regarding existing operational characteristics of traffic in the general vicinity of the project, as well as an analysis of the proposed project’s impacts to these existing and anticipated future traffic conditions. The report identifies and quantifies the impacts at key intersections and attempts to addresses the most appropriate and reasonable mitigation strategies at any impacted intersections which are identified to be operating at a deficient level of service. This report investigates existing 2017 and anticipated future 2018 opening year traffic operating conditions.93 This report approaches the task of identifying and quantifying the anticipated impacts to the circulation system with a structured, “building block” methodology. The first step is to inventory and quantify existing conditions. Upon this foundation of fact, a travel forecast model is structured for the entire project area and calibrated to produce reliable output, verifiable with the existing data. With the project traffic calculated and distributed onto the study area, at the anticipated opening year of the project in 2018, the travel forecast model is utilized to assess the project traffic impacts at that time. The model utilizes a growth factor for traffic based upon regional guidelines, as well as the traffic anticipated to be introduced from the proposed project to produce the travel forecast and level-of-service data for the future target year. The trip generation estimate is based on the 9th edition of Institute of Transportation Engineers (ITE)’s “Trip Generation” manual. Research and interviews have been conducted with local and regional agencies to identify and characterize the most probable trip distribution patterns within the study area. Project impacts are identified for the future year 2018 conditions. At those intersections operating deficiently (e.g., at a level worse than LOS D) and significantly impacted by the proposed project, a mitigation measure is identified and applied, and a before-and after mitigation analysis conducted. Roadway operations and the relationship between capacity and traffic volumes are generally expressed in terms of levels of service (LOS). Levels of service are defined as LOS A through F. These levels recognize that, while an absolute limit exists as to the amount of traffic traveling through a given intersection (the absolute capacity); the conditions that motorists experience deteriorate rapidly as traffic approaches the absolute capacity. Under such conditions, congestion is experienced. There is generally instability in the traffic flow, which means that relatively small incidents (e.g., momentary engine stall) can cause considerable fluctuations in speeds and delays. This near-capacity situation is labeled LOS E. Beyond LOS E, capacity is exceeded, and arriving traffic will exceed the ability of the intersection to accommodate it. An upstream queue will form and continue to expand in length until the demand volume reduces. A complete description of the meaning of level of service can be found in the Highway Research Board’s Special Report 209 titled Highway Capacity Manual. The manual establishes the definitions for levels of service A through F. Brief descriptions of the six levels of service, as extracted from the manual, are listed in Table 3-7 (shown on the following page).94 93 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. 94 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 94 Table 3-7 Level of Service Definitions LOS Description A No approach phase is fully utilized by traffic and no vehicle waits longer than one red indication. Typically, the approach appears quite open, turns are made easily, and nearly all drivers find freedom of operation. B This service level represents stable operation, where an occasional approach phase is fully utilized and a substantial number are approaching full use. Many drivers begin to feel restricted within platoons of vehicles. C This level still represents stable operating conditions. Occasionally, drivers have to wait through more than one red signal indication and backups may develop behind turning vehicles. Most drivers feel somewhat restricted. D This level encompasses a zone of increasing restriction approaching instability at the intersection. Delays to approaching vehicles may be substantial during short peaks within the peak period; however, enough cycles with lower demand occur to permit periodic clearance of developing queues, thus preventing excessive backups. E Capacity occurs at the upper end of this service level. It represents the most vehicles that any particular intersection can accommodate. Full utilization of every signal cycle is seldom attained no matter how great the demand. F This level describes forced flow operations at low speeds, where volumes exceed capacity. These conditions usually result from queues of vehicles backing up from restriction downstream. Speeds are reduced substantially and stoppages may occur for short or long periods of time due to congestion. In the extreme case, both speed and volume can drop to zero. The thresholds of level of service for signalized and unsignalized intersections are shown in Table 3-8. Table 3-8 Level of Service Criteria Level of Service Signalized Intersection Volume to Capacity (V/C) Ratio Unsignalized Intersection Control Delay (seconds/vehicle) C > 0.70 – 0.80 > 20 – 35 D > 0.80 – 0.90 > 35 – 55 E to F > 0.90 > 55-80 LOS D is the minimum threshold at all key intersections in the urbanized areas. The traffic study guidelines require that traffic mitigation measures be identified to provide for operations at the minimum threshold levels. For the study area intersections, the Intersection Capacity Utilization (ICU) procedure has been utilized to determine intersection levels of service. Levels of service are presented for the entire intersection, consistent with the local and regional agency policies. While the level of service concept and analysis methodology provides an indication of the performance of the entire intersection, the single letter grade A through F cannot describe specific operational deficiencies at intersections. Progression, queue formation, and left turn storage are examples of the operational issues that affect the CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 95 performance of an intersection, but do not factor into the strict calculation of level of service. However, it provides a volume to capacity (V/C) ratio that is more meaningful when identifying a project’s impact and developing mitigation measures. Therefore, this V/C ratio information is included in describing an intersection’s operational performance under various scenarios. 95 3.16.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project cause a conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to, intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? ● Less than Significant Impact with Mitigation. To assess future operating conditions both with and without the proposed project, existing traffic conditions within the study area were evaluated. Major east-west regional access to the site is provided by Slauson Avenue. Major north-south regional access is provided by Boyle Avenue. The project would provide one full-access driveway on Boyle Avenue and two right-in/right-out access driveways on Slauson Avenue. The following paragraphs provide a brief description of the characteristics of the existing roadways which comprise the circulation network of the study area, providing regional and local access to the project. ● Slauson Avenue. Slauson Avenue is an east-west major arterial street in the vicinity of the project, with two travel lanes in each direction. Directional travel is separated by raised median islands as well as double yellow stripes along the center. The street is approximately 72 feet wide and posted with a speed limit of 35 miles per hour. Most of the key intersections along Slauson Avenue, including the intersection at Boyle Avenue, Alcoa Avenue, Soto Street, are signalized. Exclusive left-turn lanes are provided at most intersections. On-street parking is not permitted along the sides of the street in the vicinity of intersections. The average daily volume on Slauson Avenue in the project vicinity is approximately 21,400 vehicles per day (assuming PM peak hour volume counted on Slauson Avenue represents approximately 10 percent of its average daily traffic volume). ● Boyle Avenue. Boyle Avenue is a north-south major arterial street in the vicinity of the project, with two travel lanes in each direction. Directional travel is separated by double yellow stripes along the center. The street is approximately 60 feet wide and posted with a speed limit of 35 miles per hour. Most of the key intersections along Boyle Avenue, including the intersection at Slauson Avenue, Fruitland Avenue, and Randolph Street, are signalized. Exclusive left-turn lanes are provided at most intersections. On-street parking is not permitted along the sides of the street in the vicinity of intersections. The average daily volume on Boyle Avenue in the project vicinity is 95 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 96 approximately 18,750 vehicles per day (assuming PM peak hour volume counted on Boyle Avenue represents approximately ten percent of its average daily traffic volume).96 For the purpose of evaluating existing operating conditions as well as future operating conditions with and without the proposed project, the study area was carefully selected in accordance with local traffic study guidelines. Turning movement volumes for the key intersections were calculated from manual traffic counts conducted at the intersections during the month of February, 2017. Traffic volumes were counted during the peak hours of 7:00 to 9:00 AM and 4:00 to 6:00 PM on a typical weekday (Wednesday, 2/22/2017). The following five key intersections would be analyzed in the study: ● Slauson Avenue and Boyle Avenue; ● Slauson Avenue and Soto Street; ● Slauson Avenue and Alcoa Avenue; ● Boyle Avenue and Fruitland Avenue; and, ● Boyle Avenue-State Street and Randolph Street. The project’s existing conditions (as well as future conditions) analysis includes data collection including existing intersection traffic volumes, traffic controls and lane geometrics, parking and pedestrian facilities, a review of existing land uses, and determination of existing levels of service (LOS) at these intersections.97 Existing lane configurations at the key intersections are shown in Exhibit 3-7. Existing turning movement volumes for AM and PM peak hour conditions are shown in Exhibit 3-8. The vehicle counts on Slauson Avenue and Boyle Avenue are assumed to contain 15 percent trucks, and therefore, the existing traffic volumes are expressed in terms of passenger car equivalents (PCE) by applying a 2.0 PCE factor (i.e., 1 truck = 2.0 passenger cars) to truck volumes on these streets. Year 2017 existing traffic conditions were evaluated using the Intersection Capacity Utilization (ICU) procedure of level of service (LOS) analysis. Table 3-9 presents the existing condition intersection level of service (LOS) analysis summary. Table 3-9 Existing Conditions (2017) Level of Service Summary Intersection Peak Hour Existing 2017 Conditions LOS V/C Ratio or [Delay] 1. Slauson Ave. & Boyle Ave. AM PM F F 1.044 1.038 2. Slauson Ave. & Soto St. AM PM E D 0.933 0.867 3. Slauson Ave. & Alcoa Ave AM PM A A 0.587 0.567 4. Boyle Ave. & Fruitland Ave. AM PM C D 0.716 0.865 5. Boyle Ave-State St. & Randolph St. AM PM D C 0.811 0.783 Source: Crown City Traffic Engineers. 96 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. 97 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 97 EXHIBIT 3-7 EXISTING LANE CONFIGURATION AT KEY INTERSECTIONS Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 98 EXHIBIT 3-8 EXISTING 2017 TRAFFIC VOLUMES AT KEY INTERSECTIONS Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 99 As shown in the table, three of the five study intersections are currently operating at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. The intersection of Slauson Avenue and Boyle Avenue operates at a deficient LOS F during both the AM peak and PM peak hours. The intersection of Slauson Avenue and Soto Street operates at a deficient LOS E during the AM peak hour, while during the PM peak hours; the intersection operates at an acceptable LOS D.98 A 1.0 percent per year annual traffic growth rate was applied to existing traffic volumes to create a 2018 base condition (i.e., a factor of 1.02 was applied to 2017 volumes to obtain 2018 base traffic volumes due to ambient growth). This annual traffic growth rate accounts for the population growth within the study area and traffic from any other minor projects to be developed in the study area. Per City’s records, there are five (5) other related projects located in the vicinity of the project that will contribute to cumulative traffic volumes with the development of this project. The locations of these related projects are shown in Exhibit 3-9. Trip generation estimates for these related projects were developed by using nationally recognized and recommended rates published by the Institute of Transportation Engineers (ITE). Table 3-10 shows a summary of trip generation estimates for the related projects. It is estimated that the related projects will generate approximately 3,152 trips per average day (1,576 inbound and 1,576 outbound). The average weekday net new peak hour trips will be approximately 266 trips during the AM peak hour (210 inbound and 56 outbound), and 282 trips during the PM peak hour (70 inbound and 212 outbound). Table 3-10 Trip Generation by Related Projects ITE Code Size Trip Generation Rate Average Traffic Volume Daily Total AM Peak Hour PM Peak Hour Daily Total AM Peak Hour PM Peak Hour %in %out total %in %out total %in %out total %in %out total Related Project 1: Boyle Ave/Fruitland Ave – 36,200 sf Industrial (Xebec Realty Properties) 150 36.200 ksf. 3.56 79% 21% 0.30 25% 75% 0.32 155 10 3 13 3 10 13 Related Project 2: 4901 Boyle Ave– 83,654 sf Industrial (Xebec Realty Properties) 150 83.654 ksf 3.56 79% 21% 0.30 25% 75% 0.32 357 24 6 30 8 24 32 Related Project 3: 5370 Boyle Ave– 196,984 sf Industrial (Xebec Realty Properties) 150 196.984 ksf 3.56 79% 21% 0.30 25% 75% 0.32 842 56 15 71 19 57 76 Related Project 4: 3200 Fruitland Ave– 302,300 sf Industrial (Planet Earth Recycling) 150 302.300 ksf 3.56 79% 21% 0.30 25% 75% 0.32 1,291 86 23 109 29 87 116 Related Project 5: 5001 Soto St– 118,714 sf Industrial (Bell Air Soto, LLC) 150 118.714 ksf 3.56 79% 21% 0.30 25% 75% 0.32 507 34 9 43 11 34 45 Total 3,152 210 56 266 70 212 282 Source: Institute of Transportation Engineers (ITE)'s Trip Generation Manual 9th Edition. Rates are trips per unit. For example, a rate of 0.30 means 0.30 trips per KSF (1,000 square feet) of floor area of the land use. All rates are average rates. For all industrial uses, rates for warehouse were applied and 20% of trips were assumed to be trucks trips, which were converted into passenger car equivalents (PCE), i. e., 1 truck = 2 passenger cars. 98 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 100 EXHIBIT 3-9 RELATED PROJECTS LOCATIONS AND PEAK HOUR VOLUMES Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 101 The projected peak hour traffic volumes from these projects were added to existing traffic volumes with ambient growth at the study intersections to represent a 2018 pre-project traffic condition for the AM and PM peak hours. Exhibit 3-10 shows future 2018 pre-project traffic volumes at the study intersections. This pre-project traffic condition was evaluated using the Intersection Capacity Utilization (ICU) method of level of service (LOS) analysis for signalized intersections. The LOS and V/C ratios for the study intersections under 2018 pre-project conditions (without project) are shown in Table 3-11. Detailed calculations relating to the study intersections are included in the Technical Appendix of this report. Table 3-11 2018 Pre-Project Conditions Level of Service Summary Intersection Peak Hour 2018 Pre-Project Conditions LOS V/C Ratio or [Delay] 1. Slauson Ave. & Boyle Ave. AM PM F F 1.066 1.048 2. Slauson Ave. & Soto St. AM PM E D 0.939 0.873 3. Slauson Ave. & Alcoa Ave AM PM A A 0.590 0.569 4. Boyle Ave. & Fruitland Ave. AM PM C E 0.737 0.901 5. Boyle Ave-State St. & Randolph St. AM PM D C 0.828 0.796 Source: Crown City Traffic Engineers. As the results indicate, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours; the intersection would operate a deficient LOS E.99 In order to accurately assess future traffic conditions with the proposed project, trip generation estimates were developed for the project. Trip generation rates for the project are based on the nationally recognized recommendations contained in “Trip Generation” manual, 9th edition, published by the Institute of Transportation Engineers (ITE). In addition, information from ITE manual was used to estimate pass-by trips for the proposed fast-food restaurants. Peak hour inbound and outbound counts were conducted at the existing driveways on-site to determine existing traffic volumes that will be eliminated due to demolition of existing uses. These volumes were deducted from project’s trip generation to determine net new trips to be generated by the project. 99 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 102 EXHIBIT 3-10 2018 PRE-PROJECT TRAFFIC VOLUMES AT KEY INTERSECTIONS Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 103 Table 3-12 shows a summary of trip generation estimates for the project. It is estimated that the project will generate approximately 2,420 net new trips per average day (1,210 inbound and 1,210 outbound). The average weekday net new peak hour trips will be approximately 258 trips during the AM peak hour (129 inbound and 129 outbound), and 128 trips during the PM peak hour (62 inbound and 66 outbound). Table 3-12 Trip Generation ITE Code Size and Description Weekday Trips Daily Total AM Peak Hour PM Peak Hour %in %out total %in %out total 826 Building 1: Specialty Retail 44.34 48% 52% 6.84 44% 56% 2.71 22.000 ksf 976 72 78 150 26 34 60 Less 30% Pass-by 294 22 23 45 8 10 18 Net Retail Trips 682 50 55 105 18 24 42 826 Building 2: Specialty Retail 44.34 48% 52% 6.84 44% 56% 2.71 5.000 ksf 222 16 18 34 6 8 14 Less 30% Pass-by 68 5 5 10 2 2 4 Net Retail Trips 154 11 13 24 4 6 10 933 Building 2: Fast-food Restaurant 716.00 60% 40% 43.87 51% 49% 26.15 3.000 ksf 2,148 79 53 132 40 38 78 Less 50% Pass-by 1,074 39 26 65 20 19 39 Net Fast-food Restaurant Trips 1,074 39 26 65 20 19 39 934 Quick Service Restaurant w/ Drive-Thru 496.12 51% 49% 49.35 52% 48% 33.84 3.250 ksf 1,612 82 78 160 58 52 110 Less 50% Pass-by 806 41 39 80 29 26 55 Net Restaurant Trips 806 41 39 80 29 26 55 Net Total Trips 2,716 141 133 274 71 75 146 Less Existing On-site Trips to be Removed 296 12 4 16 9 9 18 Net New Trips 2,420 129 129 258 62 66 128 Source: Crown City Traffic Engineers. Arrival and departure distribution patterns for project-generated traffic were estimated based upon a review of circulation patterns within the study area network and regional traffic generation and attraction characteristics. More cars left than entered during the PM peak hour period because a number of patrons or employees leaving actually entered the site prior to the peak hour periods. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 104 The project will provide two driveways on Slauson Avenue – a 35 feet wide driveway, approximately 136 feet from the curb return at Boyle Avenue, and a 40 feet wide driveway, approximately 320 feet from the curb return at Boyle Avenue. However, the length of the existing raised median on Slauson Avenue is approximately 288 feet, and the length of the westbound left-turn lane is approximately 190 feet, measured from the curb return at Boyle Avenue. For these reasons, adequate storage length will not be available in the two-way turn lane in front of the 40 feet driveway to allow left-turn inbound movement into the 40 feet driveway. Exhibit 3-11 depicts the regional trip distribution percentages to and from the site. Exhibit 3-12 shows project traffic at the study intersections during the AM and PM peak hours. The project related traffic volumes were added to future (2018) traffic volumes to generate a future Post- Project traffic condition. Exhibit 3-13 shows future (2018) plus project related traffic volumes at key circulation locations during the AM and PM peak hours. Future Post-Project (2018) traffic conditions were evaluated using the Intersection Capacity Utilization (ICU) method. Detailed calculations relating to the study intersections are included in the Technical Appendix. The LOS and V/C ratios for the study intersections under future (2018) ambient plus project conditions (with project) are summarized in Table 3-13. Table 3-13 Future Cumulative plus Project Conditions (2018) Level of Service Intersection Peak Hour Future Cumulative Plus Project (2018) Conditions LOS V/C Ratio or [Delay] 1. Slauson Ave. & Boyle Ave. AM PM F F 1.102 1.055 2. Slauson Ave. & Soto St. AM PM E D 0.959 0.878 3. Slauson Ave. & Alcoa Ave AM PM A A 0.604 0.575 4. Boyle Ave. & Fruitland Ave. AM PM C E 0.745 0.910 5. Boyle Ave-State St. & Randolph St. AM PM D C 0.836 0.799 Source: Crown City Traffic Engineers. As the results indicate, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours; the intersection would operate at a deficient LOS E. 100 100 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 105 EXHIBIT 3-11 PERCENTAGES OF PROJECT RELATED TRIPS DISTRIBUTION Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 106 EXHIBIT 3-12 DISTRIBUTION OF PROJECT TRAFFIC VOLUME Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 107 EXHIBIT 3-13 FUTURE (2018) CUMULATIVE PLUS PROJECT TRAFFIC VOLUMES Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 108 As indicated in the previous section, with the addition of project related traffic, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours, the intersection would operate at a deficient LOS E. A project’s off-site traffic impact is considered to be significant if the increase in V/C ratio is 0.04 or more at LOS C, or 0.02 or more at LOS D, or 0.01 or more at LOS E and F. The results of all existing and future (with and without Project) LOS analysis have been summarized in Table 3-14 to compare project’s traffic impact at key intersections. The project’s off-site traffic impact would be determined significant at these intersections based on the increase in the Volume to Capacity (V/C) ratio due to the project. Table 3-14 Future 2018 Level of Service with and without Project Intersection Peak Hour Future 2018 Conditions Increase in V/C Ratio by Project Without Project With Project LOS V/C LOS V/C 1. Slauson Ave. & Boyle Ave. AM PM F F 1.066 1.048 F F 1.102 1.055 0.036 0.007 2. Slauson Ave. & Soto St. AM PM E D 0.939 0.873 E D 0.959 0.878 0.020 0.005 3. Slauson Ave. & Alcoa Ave AM PM A A 0.590 0.569 A A 0.604 0.575 0.014 0.006 4. Boyle Ave. & Fruitland Ave. AM PM C E 0.737 0.901 C E 0.745 0.910 0.008 0.009 5. Boyle Ave-State St. & Randolph St. AM PM D C 0.828 0.796 D C 0.836 0.799 0.008 0.003 Source: Crown City Traffic Engineers. As shown in the Table, the increase in V/C ratio by project traffic would exceed the significance thresholds of project-related impacts at two intersections. These are: ● Slauson Avenue and Boyle Avenue; and, ● Slauson Avenue and Soto Street. Since the project’s traffic impacts would be considered significant at these intersections, off-site mitigation measures at these intersections would be necessary for the development of this project101. 101 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 109 To address potential concerns regarding the impacts of the project on the nearest intersections, the following mitigation measures are recommended:  The curb cuts serving the project site must have sufficient width to accommodate vehicles entering and exiting the site simultaneously.  The drive-thru lanes and drive aisles must be designed in a manner to ensure that they do not contribute to vehicle queuing off-site.  Truck deliveries must occur during the off-peak hours so that they do not contribute to off- site congestion.  Access to the parking stalls must be maintained free and clear at all times. The recommended mitigation measures will be designed to facilitate efficient vehicle movement, thus eliminating queuing traffic on Slauson Avenue or Boyle Avenue travel lanes.102 Adherence to the above- mentioned mitigation will reduce potential impacts to levels that are less than significant. B. Would the project result in a conflict with an applicable congestions management program, including but not limited to, level of service standards and travel demand measures, or other standards established by the County Congestion Management Agency for designated roads or highways? ● No Impact. The County of Los Angeles is included in the Los Angeles County Congestion Management Program (CMP), which is prepared and maintained by the Los Angeles County Metropolitan Transportation Authority (Metro). The requirements of the CMP became effective with voter approval of Proposition 111. The purpose of the CMP is to link land use, transportation, and air quality decisions, to develop a partnership among transportation decision-makers in devising appropriate transportation solutions that include all modes of travel, and to propose transportation projects that are eligible to compete for State gas tax funds. The CMP also serves to consistently track trends during peak traffic hours at major intersections in the country and identify areas in great need of improvements where traffic congestion is worsening. The CMP requires that intersections which are designated as being officially monitored by the Program be analyzed under the County’s CMP criteria if the proposed project is expected to generate 50 or more peak hour trips on a CMP-designated facility. The CMP requires that intersections which are designated as under official monitoring by the Program be analyzed using CMP criteria, should the proposed project generate 50 or more peak hour trips on the subject intersection. The proposed project will not add more than 50 peak hour trips to any CMP intersection. As the proposed project does not meet CMP threshold criteria, no significant project impacts are expected. C. Would the project result in a change in air traffic patterns, including either an increase in traffic levels or a change in the location that results in substantial safety risks? ● No Impact. As indicated in Section 3.8, the project site is not located in the FAR Part 77 height restriction zones for the Compton/Woodley Airport. Additionally, the site is not located within the designated Runway Protection 102 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 110 Zone and the proposed project will not penetrate the airport’s 20:1 slope.103 Essentially, the proposed project will not introduce a building that will interfere with the approach and take off of airplanes utilizing the aforementioned airport. The runway protection zones for approaches and takeoffs extend 1,000 feet to the east and west. These protection zones do not extend to the project site since the site is located a considerable distance from the aforementioned airport. As a result, the construction and subsequent operation of the proposed project will not present a safety hazard related to aircraft or airport operations at a public use airport and no impacts will occur. D. Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ● Less than Significant Impact. Access to the project site will be provided by a total of three driveways. Of the total number of driveways, two will be located along the site’s southern border while the third will be installed along the site’s western border. The two driveways that will connect to Slauson Avenue will have a width of 35 feet and 40 feet. The driveway that will provide access to Boyle Avenue will have a width of 40 feet. Mitigation measures are proposed in subsection 3.16.2.A that will improve intersection flow at the aforementioned intersections. Adherence to the above-mentioned mitigation will reduce potential impacts to levels that are less than significant. E. Would the project result in inadequate emergency access? ● No Impact. At no time will Slauson Avenue or any designated emergency evacuation route be closed to traffic due to the proposed project’s implementation. As a result, the project will not result in any impacts. F. Would the project result in a conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? ● Less than Significant Impact. Metro (MTA) Line No’s. 108, 254, and 358 currently serve the surrounding vicinity. The closest bus stop is located at the northeast corner of the Boyle Avenue and Slauson Avenue intersection. To estimate potential transit use, the project’s trip generation was adjusted by values set forth in the CMP (i.e., person trips equal 1.4 times vehicle trips, and transit trips equal 3.5 percent of the total person trips) to estimate transit trip generation. Pursuant to the CMP guidelines, the proposed project is forecast to generate demand for one transit trip during the weekday AM peak hour and two transit trips during the weekday PM peak hour. Over a 24-hour period, the proposed project is forecast to generate demand for 115 weekday daily transit trips. The calculations are as follows: ● Weekday AM Peak Hour = 199 × 1.4 × 0.035 = 10 patron trips; ● Weekday PM Peak Hour = 212 × 1.4 × 0.035 = 5 patron trips; and, ● Weekday Daily Trips = 2,348 × 1.4 × 0.035 = 87 patron trips. 103 Los Angeles County Department of Regional Planning. Los Angeles County Airport Land Use Commission (ALUC), Airport Layout Plan. http://planning.lacounty.gov/assets/upl/project/aluc_compton-plan.pdf CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 111 Therefore, given the number of transit trips generated by the project and the existing transit routes in the project vicinity, it is concluded that the existing public transit system would not be significantly impacted by the proposed project and any potential impacts are expected to be less than significant. 3.16.3 CUMULATIVE IMPACTS The implementation of the proposed project is expected to degrade the LOS for four intersections. This will affect traffic at a City-wide level in the absence of mitigation. As a result, mitigation measures are provided below to reduce potential impacts to levels that are less than significant. 3.16.4 MITIGATION MEASURES The proposed use will result in impacts to two intersections. Therefore, the following mitigation measures are required: Mitigation Measure No. 6 (Transportation & Circulation Impacts). The curb cuts serving the project site must have sufficient width to accommodate vehicles entering and exiting the site simultaneously. Mitigation Measure No. 7 (Transportation & Circulation Impacts). The drive-thru lanes and drive aisles must be designed in a manner to ensure that they do not contribute to vehicle queuing off-site. Mitigation Measure No. 8 (Transportation & Circulation Impacts). Truck deliveries must occur during the off-peak hours so that they do not contribute to off-site congestion. Mitigation Measure No. 9 (Transportation & Circulation Impacts). Access to the parking stalls must be maintained free and clear at all times. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.17 ● TRIBAL CULTURAL RESOURCES PAGE 112 3.17 TRIBAL CULTURAL RESOURCES 3.17.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on utilities if it results in any of the following: ● A substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). ● A substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is a resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the Lead Agency shall consider the significance of the resource to a California Native tribe. 3.17.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project cause a substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? ● Less than Significant Impact. A Tribal Resource is defined in Public Resources Code section 21074 and includes the following: ● Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: included or determined to be eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. ● A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.17 ● TRIBAL CULTURAL RESOURCES PAGE 113 ● A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape. ● A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “non-unique archaeological resource” as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a). The project site is located within the cultural area that was formally occupied by the Gabrielino-Kizh. As part of the AB-52 consultation with the tribal representatives, review of the project was completed. The tribal representatives indicated that the project site may have cultural significance with the tribe due to the site’s location 1.12 miles to the south of the channelized Los Angeles River (the letter issued by the Gabrielino-Kizh is provided in Appendix B).104 Two additional tribes, the Soboba Band of Luiseno Indians and the Torres Martinez Desert Cahuilla Indians requested consultation from the City. A letter was subsequently prepared by the Gabrielino-Kizh indicating that the site is located within the jurisdiction of the Gabrielino-Kizh and that the AB-52 consultation process had been undertaken amongst the City, consultant, and the tribal representative. The Soboba Band of Luiseno Indians and the Torres Martinez Desert Cahuilla Indians have not responded to the letter. Furthermore, according to Mrs. Totton, Associate Governmental Program Analyst for the Native American Heritage Commission, when conflicting mitigation is provided by different tribes, it is ultimately up to the lead agency to determine which mitigation to use. The decision to use a particular mitigation over another must be clarified in the Tribal Cultural Resources Section of an MND/EIR. As indicated previously, the Soboba Band of Luiseno Indians and the Torres Martinez Desert Cahuilla Indians have not responded to the letter and no additional mitigation measures have been provided. Adherence to the mitigation provided in Subsection 3.5.2.B will minimize the potential impacts to levels that are less than significant. B. Would the project cause a substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is a resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the Lead Agency shall consider the significance of the resource to a California Native tribe? ● Less than Significant Impact. The project site is located within the cultural area that was formally occupied by the Gabrielino-Kizh. As part of the AB-52 consultation with the tribal representatives, review of the project was completed. As part of this review and consultation, the tribal representatives indicated that the project site may have cultural significance with the tribe due to the site’s location within 1.12 miles to the south of the channelized Los Angeles River. 104 Google Earth. Website accessed January 24, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.17 ● TRIBAL CULTURAL RESOURCES PAGE 114 3.17.3 CUMULATIVE IMPACTS The potential impacts related to tribal resources. Furthermore, the analysis also determined that the implementation of the proposed project would not result in any impacts on cultural resources. As a result, no cumulative impacts will occur as part of the implementation of the proposed project. 3.17.4 MITIGATION MEASURES The analysis of tribal resources indicated that no significant impacts would result from the proposed project’s implementation. As a result, no mitigation is required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 115 3.18 UTILITIES IMPACTS 3.18.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on utilities if it results in any of the following: ● An exceedance of the wastewater treatment requirements of the applicable Regional Water Quality Control Board; ● The construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts; ● The construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; ● An overcapacity of the storm drain system causing area flooding; ● A determination by the wastewater treatment provider that serves or may serve the project that it has inadequate capacity to serve the project’s projected demand; ● The project will be served by a landfill with insufficient permitted capacity to accommodate the project’s solid waste disposal needs; ● Non-compliance with Federal, State, and local statutes and regulations relative to solid waste; ● A need for new systems, or substantial alterations in power or natural gas facilities; or, ● A need for new systems, or substantial alterations in communications systems. 3.18.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ● Less than Significant Impact. The City owns its own sewerage collection system which discharges into the system managed by the Los Angeles County Sanitation Districts (LACSD). The majority of Vernon is within District 23, but also contains territory in Districts 1 and 2.105 These Districts, along with more than a dozen others, are signatories to a Joint Outfall Agreement. This agreement provides for the operation and maintenance of an interconnected Joint Operating System of wastewater collection, treatment, reuse, and disposal facilities across a large portion of the urban region. The Joint Operating System includes the following treatment plants: Joint Water Pollution Control Plant, Carson; Whittier Narrows Water Reclamation Plant (WRP), near South El Monte; Los Coyotes WRP, Cerritos; San Jose Creek WRP, near Industry; Long Beach 105 Los Angeles County Sanitation Districts. www.lacsd.org/about/serviceareamap.asp. Site accessed April 25, 2017 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 116 WRP, Long Beach; and Pomona WRP, Pomona. All of the sewerage generated in Vernon is treated by the Joint Water Pollution Control agency. The possible destinations for effluent produced by the project includes the Los Coyotes WRP, which has a design capacity of 37.5 million gallons per day (mgd) and currently processes an average flow of 31.8 mgd; the Joint Water Pollution Control Plant (JWPCP), which has a design capacity of 385 mgd and currently processes an average flow of 326.1 mgd; or the Long Beach WRP, which has a design capacity of 25 mgd and currently processes an average flow of 20.2 mgd.106 Table 3-15 indicates the future wastewater generation in gallons per day. According to Table 3-15, the proposed project is anticipated to produce approximately 2,690 gallons of effluent per day. The proposed project will connect with an existing sewer line in Slauson Avenue. The existing sewer line has sufficient capacity to accommodate the projected flows. Adequate sewage collection and treatment are currently available at the aforementioned WRPs. Therefore, project implementation will not exceed wastewater treatment requirements and the impacts are considered to be less than significant. B. Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts? ● No Impact. As indicated previously, the proposed project will generate approximately 2,690 gallons of wastewater a day. The proposed project will connect to an existing sewer line located in Slauson Avenue. In addition, the future wastewater generation will be within the treatment capacity of the aforementioned WRPs. Therefore, no new water and wastewater treatment facilities will be needed to accommodate the excess effluent generated by the proposed project and no impacts will occur. C. Would the project require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ● Less than Significant Impact. The project’s implementation will not require the construction of new stormwater drainage facilities. Once constructed, the project will not introduce polluted runoff into the existing storm drain system. In addition, the project will not create excess runoff that will exceed the capacity of the existing storm water drainage system. The project Applicant will be required to implement the construction and operational Best Management Practices (BMPs) identified in the Water Quality Management Plan (WQMP). These 106 Los Angeles County Sanitation Districts. Long Beach Water Reclamation Plant. http://www.lacsd.org/wastewater/wwfacilities/joint_outfall_system_wrp/long_beach.asp Table 3-15 Wastewater (Effluent) Generation (gals/day) Use Unit Factor Generation Specialty Retail 27,000 square feet 0.08 gals/sq.ft. 2,181 gals/day Fast Food 6,000 square feet 0.08 gals/sq.ft. 508.8 gals/day Total 2,690 gals/day Source: Blodgett Baylosis Environmental Planning, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 117 operational BMPs will reduce the amount of stormwater runoff discharged into the streets. Stormwater will be detained on-site and gradually discharged into the local storm drains. The vegetation that is present within the biofiltration/detention basins and in the bioswales will effectively filter out contaminants present in runoff. Additional filters and drains provided below the surface vegetation will ensure maximum filtration. Supplementary mechanisms including grate inlet filters capture larger materials such as garbage, soils, leaves, etc before they are discharged into the local storm drains. During construction, the contractors must adhere to the minimum BMPs for the construction site. These BMPs include the limiting of grading during rain events; planting vegetation on slopes; covering slopes susceptible to erosion; maintaining stockpiles of soil on-site; and containing runoff, spills, and equipment on-site. Implementation of the above-mentioned BMPs will reduce potential impacts to levels that are less than significant. D. Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ● Less than Significant Impact with Mitigation. Three water agencies supply water to the businesses, residents, and utilities in Vernon. The majority of the City’s water is supplied by the City of Vernon’s Water Department. The area north of the Los Angeles River and east of a line just west of Indiana Street is supplied by the California Water Service Company (Cal Water), East Los Angeles District. The small portion of Vernon south of the Los Angeles River and east of Atlantic Boulevard is serviced by Maywood Mutual Water Company Number 3. The City’s water distribution system consists of 250,000 linear feet of pipe, nine wells, seven ground-level reservoirs, one elevated tank, and a below-ground reservoir. The total storage capacity is 16 million gallons. In addition, Vernon has a direct interconnection to the Metropolitan Water District (MWD).107 According to the City’s 2010 Urban Water Management Plan, the City is anticipated to have a supply of 21,689 acre-feet of water by the year 2020. Demand for water is projected to total 13,800 acre-feet of water, thus the City is expected to have a surplus of 7,989 acre-feet of water.108 Table 3-16 shows the amount of water that will be consumed by the proposed project. According to Table 3-16, the proposed project is projected to consume 3,363 gallons of water on a daily basis. California has experienced a prolonged drought over the past six years. In response to this drought, Governor Brown announced emergency legislation aimed at reducing water consumption. Governor 107 Civiltech Engineering, Inc. City of Vernon 2010 Urban Water Management Plan. June 2011. 108 Ibid. Table 3-16 Water Consumption (gals/day) Use Unit Factor Generation Specialty Retail 27,000 square feet 0.10 gals/sq.ft. 2,727 gals/day Fast Food 6,000 square feet 0.11 gals/sq.ft. 636 gals/day Total 3,363 gals/day Source: Blodgett Baylosis Environmental Planning, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 118 Brown signed an Executive Order in April of 2015 in which cities, including Vernon, are required to reduce their citywide water consumption by 25 percent. Governor Brown also outlined other initiatives that would include fines for those consumers that fail to conserve water. Even though the demand for water generated by the proposed project will not exceed City water supplies, the proposed project should incorporate features that aim to reduce water consumption on a larger scale. As a result, the following mitigation has been recommended: ● The project Applicant will be required to install Xeriscape, or landscaping with plants that require less water, as an alternative to traditional landscaping and turf. According to the Los Angeles County Department of Public Works, the addition of Xeriscape can reduce outdoor water consumption by as much as 50 percent. ● The Applicant shall install high-efficiency, WaterSense labeled toilets in order to reduce water consumption. Installing high efficiency toilets will reduce long term operating costs by consuming less water. The Applicant shall also install WaterSense faucets in all restrooms, which can reduce a sink’s water flow by 30 percent. Adherence to the mitigation provided above will mitigate potential impacts to levels that are less than significant. E. Would the project result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ● Less than Significant Impact. As indicated previously, the project will result in an increase of 2,690 gallons of wastewater a day. The possible destinations for effluent produced by the project includes the Los Coyotes WRP, which has a design capacity of 37.5 million gallons per day (mgd) and currently processes an average flow of 31.8 mgd; the Joint Water Pollution Control Plant (JWPCP), which has a design capacity of 385 mgd and currently processes an average flow of 326.1 mgd; or the Long Beach WRP, which has a design capacity of 25 mgd and currently processes an average flow of 20.2 mgd.109 The project will connect to the existing sewer lines along Slauson Avenue. No new treatment facilities or expanded entitlements will be required. In addition, no upgrades to the existing off-site sewer lines would be required to accommodate the proposed use. As a result, the impacts are anticipated to be less than significant. F. Would the project be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? ● Less than Significant Impact. Trash collection is provided by 19 different non-exclusive franchise haulers for disposal into the Commerce Incinerator or at the area MRF facilities and/or landfills. In addition, the Los Angeles County Sanitation District selected the Mesquite Regional Landfill in Imperial County as the new target destination for the County’s waste (as an alternative to the closed Puente Hills landfill). The Mesquite Regional Landfill in The nearby Puente Hills Transfer Station/Materials Recovery Facility (MRF) is able to accept 4,440 tons 109 Los Angeles County Sanitation Districts. Long Beach Water Reclamation Plant. http://www.lacsd.org/wastewater/wwfacilities/joint_outfall_system_wrp/long_beach.asp CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 119 per day of solid waste. Waste may also be transferred to the Downey Area Recycling and Transfer Facility, the South Gate Transfer Station, and the Southeast Resource and recovery facility. The proposed project is anticipated to generate 1,386 pounds of solid waste per day as shown in Table 3-17. The Olinda Alpha landfill, as well as the many other alternatives, has sufficient capacity to accommodate waste generated by the proposed project. As a result, the impacts are expected to be less than significant. G. Would the project comply with Federal, State, and local statutes and regulations related to solid waste? ● No Impact. The proposed use, like all other development in the City, will be required to adhere to all pertinent ordinances related to waste reduction and recycling. As a result, no impacts on the existing regulations pertaining to solid waste generation will result from the proposed project’s implementation. 3.18.3 CUMULATIVE IMPACTS The potential impacts related to water line and sewer line capacities are site specific. Furthermore, the analysis herein also determined that the proposed project would not result in any significant adverse impacts on utility infrastructure and/or services. As a result, no cumulative impacts on utilities will occur. 3.18.4 MITIGATION MEASURES The analysis determined that the following mitigation would be required to address potential impacts to water consumption. These mitigation measures are identified below: Mitigation Measure No. 10 (Utilities Impacts). The project Applicant will be required to install Xeriscape, or landscaping with plants that require less water, as an alternative to traditional landscaping and turf. According to the Los Angeles County Department of Public Works, the addition of Xeriscape can reduce outdoor water consumption by as much as 50 percent. Mitigation Measure No. 11 (Utilities Impacts). The Applicant shall install high-efficiency, WaterSense labeled toilets in order to reduce water consumption. Installing high efficiency toilets will reduce long term operating costs by consuming less water. The Applicant shall also install WaterSense faucets in all restrooms, which can reduce a sink’s water flow by 30 percent. Table 3-17 Solid Waste Generation (lbs/day) Use Unit Factor Generation Specialty Retail 27,000 square feet 42 lbs/day/sq.ft. 1,134 lbs/day/sq.ft. Fast Food 6,000 square feet 42 lbs/day/sq.ft. 252 lbs/day/sq.ft. Total 1,386 lbs/day/sq.ft. Source: Blodgett Baylosis Environmental Planning, 2016. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 120 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 4 ● CONCLUSIONS PAGE 121 SECTION 4 CONCLUSIONS 4.1 MANDATORY FINDINGS OF SIGNIFICANCE The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines based on the results of this environmental assessment: ● The approval and subsequent implementation of the proposed project will not have the potential to degrade the quality of the environment, with the implementation of the recommended standard conditions and mitigation measures included herein. ● The approval and subsequent implementation of the proposed project will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals, with the implementation of the recommended standard conditions and mitigation measures referenced herein. ● The approval and subsequent implementation of the proposed project will not have impacts that are individually limited, but cumulatively considerable, when considering planned or proposed development in the immediate vicinity, with the implementation of the recommended standard conditions and mitigation measures contained herein. ● The approval and subsequent implementation of the proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of the recommended standard conditions and mitigation measures contained herein. ● The Initial Study indicated there is no evidence that the proposed project will have an adverse effect on wildlife resources or the habitant upon which any wildlife depends. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 4 ● CONCLUSIONS PAGE 122 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 5 ● REFERENCES PAGE 123 SECTION 5 REFERENCES 5.1 PREPARERS BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING 16388 E. Colima Road, Suite 206J Hacienda Heights, California 91745 (626) 336-0033 Marc Blodgett, Project Manager Bryan Hamilton, Project Planner Liesl Sullano, Project Planner 5.2 REFERENCES Bugliarello, et. al., The Impact of Noise Pollution, Chapter 127, 1975. California Administrative Code, Title 24, Energy Conservation, 1990. California Department of Fish and Wildlife, Natural Diversity Database, 2017. California Division of Mines and Geology, Seismic Hazards Mapping Program, 2012. California Department of Parks and Recreation, California Historical Landmarks, 2004. California Office of Planning and Research, California Environmental Quality Act and the CEQA Guidelines, as amended 2016. California, State of California Public Resources Code Division 13, The California Environmental Quality Act. Chapter 2.5, Section 21067 and Section 21069.2012. Vernon, City of. Vernon General Plan. Vernon, City of. Zoning Ordinance. Federal Emergency Management Agency, Flood Insurance Rate Map, 2017. South Coast Air Quality Management District, CEQA Air Quality Handbook, 2000. South Coast Air Quality Management District, Air Quality Management Plan, 2016. U.S. Bureau of the Census, 2010 U.S. Census, 2010. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 5 ● REFERENCES PAGE 124 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Cj~~~~~ of Vernon NOT~~E QF PUBLIC H~A~.~[~IG 4305 Santa Fe Avenue Vernon, CA 90058 (32;} 583-8811 The City Cc~uticif of the City of Vernon will co»duct a Public }-Iearinv_ ~vhicl~ yoi~ ina~- attend. PLACE: Vernon City ~-Iall pity Council Chambers 4305 Santa Fe Ave»ue Vernon, CA 90058 DATE ~c Tuesday, Aubus~ 6, 201) at 9:0() a.m. TIV[E: (or as soon the~~eafter as the matter can be heard) APPLICANT: ~hewak ~ Laj~vanti Holdings, LTC — ~'eriion Plaza REQUEST: Shewak & Lajwa~~ti Holdin;s, LLC is requesting approval of a conditional use permit to construct and operate aretail-commercial center. The proposed use will consist of t!~►•ee (3)one-story buildings totaling 33,250 square feet in size. It is anticipated that up to 6,250 square feet of the center will be for restaurant use with the remainder being retail uses. The Project is proposed to operate from 5:00 a.m. to 12:00 a.m. seven days a week. PROPERTY 316 ~lauson A~~e~~~~e, Ve,•nan, CA 9008 INVOLVED: REVIEW OF: The application, plans, and supporting information are available for THE FILE: public review during normal business hours in the Vernon Public Works Department, located at 4305 Santa Fe Avenue, VCt'tlOil. CA 9OOSg, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thut•sd<~~~. PROPOSED Staff plans to recommend that tl~e Vernon City Council adopt a Mitigated Negative CEQA Declaration thereby determining that the project will not have a significant effect on FINDING: the environment pursl~ant to the California Environmental Quality Act (CEQA). The conditions imposed on the conditional use hermit are designed to protect the environment, public health, safety and general welfare. If you challenge the granting of the conditional use permit, or the CEQA documentation or finding, or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior• to, the meeti~~g. Ame►•ica»s with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate i» the meeting, please contact the Office of the City Clerk at (323) 583-881 1 ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place ~~ ithout further notice of a public hearing. Dated: 06/03/2019 M ria Avala. ~ C(erk Easy Peels Labels ~ ¨ Bend along line to ~ ~ AVERY 5160 Use Avery Template 5160 ~ Feed Paper ■— expose Pop-up EdgeTM j 1 Lucille Roybal-Allar ``` City of Huntington Park Congresswo a~~ John Kinas ~,~~` Planning Department United Sta~tes ~=it~minum 6550 Miles Avenue 500 el Drive, Ste 320 3663 ar~dini Boulevard Huntington Park, CA 90255 ommerce, CA 90040 `~~ CA 90023 L.A. County Board of Supervisors Director of Planning Gloria Molina Ms. Gutierrez James Hertl —Room 1390 Board of Su 'ors 924 S. Mo eet 320 W. Temple Street 500 emple St., Ste 856 Lo geles, CA 90023 Los Angeles, CA 90012 os Angeles, CA 90012 South Coast Air Quality Mgmt City of Long Beach James H. Hillands District (AQMD) Office of the anager Heger Realty Corp= " 21865 E. Copley Drive ;33 cean Blvd., 13th floor 5657 E. W ~-iltgton Blvd. Diamond Bar, CA 91765 - ong Beach, CA 90802 Lo - ~eles, CA 90040 Brian Scanlon L.A. County Public Works E.J. Contreras Joseph R. Garruba _ .- Mapping &Property Mgmt. Owens-Broc California Portla~nd ~~t~Co. ~n 2901 and Avenue 2025 E.~ ~Fi ia~~" 1 Way 900 S. Fremont Avenue, 10 Floor ernon, CA 90058 G~~ rd~S"a, CA 91740 Alhambra, CA 91803 City of Commerce California Water S e Comp. ~•J• Little ~ _ _ ; Planning Department J.J. Little Comp~a -y; Inc. 2535 Commerce Way 3316 West erly Boulevard 9945 Mal~ar~Drive Iv~Q ello, CA 90640 ~~ Commerce, CA 90040 - Wh•r Cti~"er, (;A 90603 City of Bell Marisa Ol~uin L.R. Luppen Planning Department Chamber of merce Metal Produc~ts E~nain~e~~'~ 6330 Pine Street 2724 nis Boulevard 3050 Le~on' -~ulevard Bell, CA 90201 V rnon, CA 90058 V~u~fi, CA 90058 City of Cudahy Maywood Mutual Water 3 Ellen Orlando Planning Department 6151 Heliotr enue Karen Lehrer 5220 Santa Ana Street 2300 E. 1 ~' treet Cudahy, CA 90201 Ma , CA 90270 Loses geles, CA 900? 1 L.A. County Sanitation District L.A. County Flood Control District Dave Karrker ~~~ P.O. Box 4998 900 S. Fremont Avenue California Wat ~e vice Whittier, CA 90607 8t" Floor 5243 eila Street Alhambra, CA 91803 ,C mrnerce, CA 90022 City of Maywood L.A. Unified School District So. Cal Edison Planning Department Office of Environmental Health &Safety 1924 Cashdan S eta 4319 Slauson Avenue 333 South Beaudry Ave., 20 Floor Compto 90220 Maywood, CA 90270 Los Angeles, CA 90017 ~~ke Frazier Attention: Glenn Striegler Suk Chon City of Los Angeles County of Los Angeles Planning Department Department of Public Works 200 North Spring St. Land Development Division Los Angeles, CA 90012 P.O. Box 1460 Alhambra, CA 91802-1460 Etiquettes faciles a peter ; ~ Repliez a la hachure afin de ; www.avery.com Sens de Utilisez le gabarit AVERY 5160 ~,,~,.,,~,,,~„+ reveler le rebord Pop'UpTM ; 1-800-GO-AVERY Easy Peels Labels i ¨ ~ Bend along line to ~ ~ AVERY 5160 Use Avery Template 5160 j Feed Paper ~- expose Pop-up EdgeT"" j L=~J 1 Reynan L. Ledesma Department ater &Power L.A 111 ope Street Las Angeles, CA 90012 Burlington North anta Fe Railroad 3770 E. W_a- inaton Blvd. Lo n~eles, CA 90023 The Gas Company (So. C ~ Co.) P.O. Box 3150 San D' A 91773 L.A. Junction Railroad 4433 Exchan enue Ve A 90058 Etiquettes faciles a peter i ~ Repliez a la hachure afin de i www.avery.com Utilisez le gabarit AVERY 5160 ~ `hSen~s dent reveler le rebord Po u TM p- p 1-800-GO-AVERY For Official Use Only Account No. 011.1041.410280 City of Vernon Department of Public Works, Water &Development Services 4305 Santa Fe Avenue, Vernon, CA 90058 Phone (323) 583-8811 Fax (323) 826-1435 CONDITIONAL USE PERMIT /MINOR CONDITIONAL USE PERMIT Please PRINT or TYPE all information SECTION 1 —Project Information. Project Title: Vernon Plaza Project Site Address: 3165 East Slauson Avenue Assessor Parcel Number (APN#): 6310-007-006, 6310-007-010, 6310-007-011 Zoning Designation: Commercial 1 (C-1) Overlay Zone Purpose of Conditional Use Permit /Minor Conditional Use Permit Application (If necessary, attach additional sheets): For new Commercial Retail use per new Overlay Zone to include General Merchandise Retail, Quick Serve Restaurant, and Multi-Tenant Retail bldg SECTION 2 —Applicant's Information. I hereby certify that all the information contained herein and in the accompanying exhibits are true and correct to the best of my knowledge and belief. Applicant's Name: Shewak & Lajwanti Holdings, LLC ❑Sole Proprietor Partnership ❑Corporation i ! •~-i Bhart Manwani ~ -~~ Contact Person: ~' ~~`~ ~, ,;~~ Address: 5601 Downey Road c;ty: Vernon Zip Code: g005~~,: ~i 323-587-0800 323-587-1518 BManwani@slhf.com~:. Phone: Fax: E-mail: ~_, (Two OFFICER signatures are requirerl for Corporation antl Limited Liability Companies (LLC)) :~ Sh am Manwani President 05/15/17 ~ {~, ~~ Print Name: y Title: Date: ,,.n _~ ',-,' ~''~ i~~ r-, ~--:~ Signature (Applicant's signature must be notarize~~: ' ~ ~~ `-;., ~„ ~ , , ~, Bhart Manwani VP-Secretary 05/15/17~~ ~_n ~, `~3 `;~ Print Name: Title: Date: ,~. ,~~, ~~., .. ~.s_~ r...; ;:.. __. r~~~ Signature (Applicant's signature must be notarizea~: ~ ' ~ `'=' .. SECTION 3 —Contact Information (if different from applicant). Contact Person: M i c h a e I C a I ey Company Name: Michael Caley Architect Address: 200 E. Del Mar Bivd, Suite 300 City: Pasadena zip cone: 91105 Phone: 626-440-9848 Fax: none Relation to Applicant:❑✓ Engineer ~✓ Architect 0✓ Attorney Q✓ Realtor Q✓ Representative Relation to Applicant: Architect SECTION 4 —Property Owner's Information. I am the property owner of record, of the property, which is the subject of this application. I have reviewed this application and authorize/approve of the action requested. Owner's Name: Shewak & Lajwanti Holdings, LLC ❑Sole Proprietor Contact Person: B h a rt M a n wa n i Address: Partnership ❑Corporation 5601 Downey Road city: Vernon Zip Code: 90058 Phone: 323-587-0800 Fax: 323-587-1518 YES, I hereby certify that the above named applicant is authorized to act as the property owner representative for this Conditional use permit /Minor Conditional Use Permit application. NO, I DON'T certify that the above named applicant is authorized to act as the property owner representative for this Conditional use permit /Minor Conditional Use Permit application. (Two OFFICER signatures are required for Corporafiort and Limited Liability Companies (LLC)) Print Name: Shyam Manwani Title: President Date: 05/15/17 Signature (Owner's signature must be notarizea~: ~~ ~ Print Name: Bhart Manwani Title: VP-Secretary Date: 05/15/17 Signature (Ow~zer's signature must be notarizea~: PROJECT DESCRIPTION Attach additional sheets as necessa ) 1. Site size (Lot size). 127,515 net sf (2.939 ac) 2. Square footage of buildings) on the premises (including any covered structures or canopies). Anchor Retail: 22,000 sf Multi-Tenant Bldg: 8,000 sf footprint, plus covered walkway Quick Serve Restaurant: 3,000 sf, plus 250 sf trellis outdoor seating 3. Number of floors of construction. One 4. Amount of off-street parking and loading provided: a. Number of automobile parking spaces ~ 59 b. Number of truck parking spaces o e. Number of truck loading spaces ~ tractor-trailer, plus space for trash compactor 5. Proposed scheduling. Anchor and Multi-tenant bldgs built simultaneously by developer Quick Serve Restaurant built by franchisee concurrently 6. Associated projects (additional projects). none 7. Anticipated incremental development (additional phases). none 8. If retail or commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities (If necessary, attach additional sheets. 1) 22,000 sf Anchor Retail most likely nationally recognized "general merchandise" retail w/ approx 18,000 sf Sales floor area, (1)tractor-trailer dock-hi door &exterior compactor 2) speculative 8,000 sf Multi-tenant Retail Bldg w/mix of local merchantile &services, and some take-out food 3) 3,000 sf Quick Serve Restaurant w/drive-thru most likely nationally recognized chain + 250 sf outdoor patio area 9. If industrial, indicate type, estimated employment per shift, and loading facilities (If necessary, attach additional sheets). NA BURDEN OF PROOF The applicant is required to establish the following before submitting a Conditional Use Permit application: (Do not repeat the statement or provide Yes/No responses. If necessary, attach additional sheets.) A) Will the Lot for the proposed use be adequate in size, shape and topography, including drainage and landscaping; Bldg sizes and related uses designed to match required parking on-site. Corner lot rectangular and relatively flat draining towards south-west corner. Landscaping 10,291 sf (8.07% of net lot). Drainage directed into perimeter landscaping for filtration. B) Will the proposed use have a material adverse effect on the public; Proposed bldgs uses will provide needed commercial retail and food services for local workforce specifically fulfilling the new Commercial Overlay Zone recognized need, which was adopted by City of Vernon in 2016. C) Will the proposed use be compatible with the permitted uses of surrounding and adjacent properties; Proposed project will compliment a large retail shopping center diagonally opposite the Slauson-Boyle intersection in the city of Huntington Park D) Will the Lot have adequate off-street parking, loading facilities, and vehicle maneuverability for the proposed use? Will the site have sufficient access to streets and highways, which are adequate in width and pavement type to carry the quantity of traffic generated by the proposed use, and that the routes which vehicles will have to follow to reach the site are adequate in width and pavement type to carry the volume of traffic generated by the proposed use; Proposed bldgs are supported by required parking and loading. Drwys on both Slauson and Boyle will provide convenient site ingress &egress. Paving sections shall comply with soils report recommended sections for truck aisles/loading zone and for vehicular areas. E) Will the use, as to location, operation and design, be consistent with the General Plan, any applicable specific plan, and the zoning regulations of the City of Vernon, including the City's policy considerations as to acceptable uses in the City; Proposed project designed to compliment City's new Commercial Overlay Zone to better serve local workforce within the city. Operation and design will satisfy all zoning regulations. F~ Will the use be consistent with all applicable County, State, and federal laws, rules and regulations; and Entitlement &permit processes shall direct project to all applicable governing agencies. G} Will the proposed use adversely affect the general welfare as a result of parking, noise, odors, dust, smoke, light or glare, or risk of fire, infection or explosion, increased traffic, interference with the flow of traffic, or other undesirable characteristics. The Initial Study &Traffic study shall identify any environmental project impacts &provide mitigation measures. See Initial Study. ` ~ ~~ ~~ Signature of Applicant Date ENVIRONMENTAL INFORMATION FORM Date Filed: General Information: 1. Name and address of developer or project sponsor: Shewak & Lajwanti Holdings LLC, 5601 South Downey Rd, Vernon, CA 90058, contact: Ling Huang 2. Address of project (location): 3165 E. Slauson Ave, and two more address numbers for other two bldgs Assessor's Block and Lot Number (APN#): 3. Name, address, and telephone number of person to be contacted concerning this project: Michael Caley, Architect, 200 E. Del Mar Blvd, Suite 320, Pasadena, CA 91105 tel: 626-440-9848 4. Indicate number of the permit application for the project to which this form pertains: TBD 5. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies:_ City Planning, Bldg, Mechanical. Plumbing, Electrical, Fire, Grading, Public Street Encroachment, Health &Safety, State Water Control Board-NOI approval 6. Existing zoning district: Commercial (C-1) Overlay Zone 7. Proposed use of site (Project for which this form is filed): Local Retail Shopping Center containing 22,000 sf generaE merchandise retail, 8,000 sf Multi-Tenant Retail w/ general merchantile and some take-out food, and approx 3,000 sf Quick Serve Restaurant w/drive-thru + 250 sf outdoor patio area, (Alternate use for Multi-tenant bldg could be a 8,000 sf medical bldg) Proiect Description: 8. Site Size (Lot Size):127,515 net sf (2.927 ac) 9. Square footage of Building(s): 22,000 + 8,000 + 3,000 sf + 33,000 sf, (plus 250 sf outdoor patio area) 10. Number of floors of construction: one 11. Amount of off-street parking provided: 159 12. Attach plans: Site Plan, sheet Al 13. Proposed scheduling: begin construction documents upon CUP approval and construction afterwards 14. Associated projects: none 15. Anticipated incremental development: Anchor and Multi-tenant bldgs built by developer and Quick Serve Restaurant concurrently by franchisee 16. If retail or commercial, indicate the type, whether neighboring, city or regionally oriented, square footage of sales area, and loading facilities. 1) 22,000 sf Anchor Retail most likely nationally recognized "general merchandise" retail w/ approx 18,000 sf Sales floor area, (1)tractor-trailer dock-hi door &exterior compactor 2) speculative 8,000 sf Multi-tenant Retail Bldg w/ mix of local merchantile &services, and some take-out food 3) 3,000 sf Quick Serve Restaurant w/drive-thru most likely nationally recognized chain, + 250 sf outdoor patio area 17. If industa~ial, indicate type, estimated employment per shift, and loading facilities._ na 18. If the project involves a variance, conditional use permit application, state this and indicate clearly why the application is required. CUP for new Commercial Retail use per new Overlay Zone to include General Merchandise Retail, Multi-tenant and Quick Serve Restaurant Environmental Impacts: Are any of the following items applicable to the project or its effects? Discuss below all items checked `yes" (attach additional sheets as necessary). YES NO q q3 19. Change in pattern, scale or character of general area of project. q q3 20. Significant amounts of solid waste or litter. q q3 21. Change in dust, ash, smoke, fumes or odors in vicinity. q q3 22. Substantial change in existing noise or vibration levels in the vicinity. q q3 23. Site on filled land or on slope of 10% percent or more. ❑~/ 24. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. Q 25. Substantial change in demand for municipal services (police, fire, water, sewage, etc.) Q 26. Substantially increase fossil fuel consumption (electricity, oil, natural gas, etc.) Q 27. Relationship to a larger project or series of projects. Environmental Setting: 28. On an attached sheet, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historic or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. Snapshots or Polaroid photos will be acceptable. 29. On an attached sheet, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), and scale of development (height, frontage, set-back, rear yard, etc.). Attach photographs of the vicinity. Snapshots or Polaroid photos will be acceptable. Certification: I hereby certify that the statements furnished above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge a d belief. /~~~------ S" , s t ~ Signature of Applicant Date ENVIRONMENTAL SETTING FOR VERNON PLAZA 2H. SUBJECT PROPERTY DESCRIPTION The project site presently contains four functionally obsolete industrial buildings, two of which are located in the western portion of the project site. The two remaining buildings are located in the eastern portion of the project site. Of the two buildings that are located in the western portion of the site, one occupies the northwest corner of the site while the other occupies frontage along the north side of Slauson Avenue. Apex Kitchen Cabinets and Granite Countertops currently operates out of these two buildings. Likewise, one of the two buildings located in the eastern half of the site occupies frontage along Slauson Avenue while the last building is located in the northeast corner of the site. The companies that operate out of the building located along Slauson Avenue include APS Finishing, MAC incorporated, and IQ Tile, Inc. GRS, a cloth cutting business, occupies the final building located in the northeast corner of the site. All four buildings feature dated facades and are in poor condition. The site itself is covered over in cracked and stained asphalt. Minimal vegetation is present on-site and the most prominent species are the two palm trees located in the western portion of the site. The north, west, and portions of the south side of the project site are fenced off by a wall that consists of a concrete block base and a chain link top. Portions of the eastern boundary are fenced off by a chain link fence with added barbed wire. No animals were observed. There are no known cultural, historic or scenic aspects to the property. 29. SURROUNDING PROPERTIES DESCRIPTION The 2.92-acre site is located in the midst of an industrial area and is surrounded on all sides by industrial and commercial development. Surrounding land uses in the vicinity of the project site are described below: • North of the project site. Norton Packaging, a packaging firm specializing in the packaging of paintings/coatings, food products, lubricants, and chemicals/cleaners, abuts the project site to the north. Double row car parking lot fronts Boyle and trucking yard faces subject property to the south. Warehouse is estimated to be 24 ft clear type building. • South of the project site. Slauson Avenue extends along the south side of the project site. Various industrial uses occupy frontage along the south side of Slauson Avenue. These uses are located in an industrial park and include NBS Corporation, a fastener importer; and Romas R Us, a logistics company specializing in transporting produce. Warehouse buildings have zero setback on Slauson Ave and are estimated to be 24 ft clear. • East of the project site. A railroad right-of-way (ROW) extends along the project site's eastern boundary in a north-south orientation. Additional industrial development is located east of the aforementioned ROW. Warehouse is estimated to be 20 ft clear and setback from Slauson approximately i65 ft with car parking lot in front. • West of the project site. Boyle Avenue extends along the western side of the project site. Various uses including an LA Fitness and Update-International, a supplier of professional cookware and other food preparation supplies, occupy frontage along the west side of Boyle Avenue. Athletic club building is setback form Slauson and Boyle approximately 5 ft with landscaping. The warehouse is estimated to be 24 ft clear and setback from Boyle approximately i3o ft with two double loaded parking aisles and trucking. No animals were observed. There are no known cultural, historic or scenic aspects to the properties. VERNON PLAZA OPERATIONS REPORT The quick service restaurant will have operating hours between 6: ov A.M to 12: oo PM, ~ days a week. The two retail buildings will be open from 6: oo AM to 12: oo PM, ~ days a week. The proposed project as a whole is projected to employ a total of approximately l08 people. The quick service restaurant will employ approximately 28 people. The two retail buildings will employ approximately 8o people (59 for Retail Building i and 2i for Building Area 2).1 All businesses are estimated to have a maximum of two shifts staggered throughout the day. The quick serve restaurant will receive food deliveries between 6: oo AM to 12: oo PM, ~ days a week. The anchor retail is estimated to receive their merchandise between 6: oo AM to i2: oo PM, ~ days a week. The small multi-tenants are estimated to receive their merchandise and materials staggered during the day and off hours. OUS MATERIALS REPORT Lead based paint and asbestos containing materials may be present in the flooring, walls, roof materials, dry wall, etc due to the ages of the buildings present on-site. The Applicant, and the contractors, must adhere to all requirements governing the handling, removal, and disposal of asbestos-containing materials, lead paint, underground septic tanks, and other hazardous substances and materials that may be encountered during demolition and land clearance activities. Any contamination encountered during the demolition, grading, and/or site preparation activities must also be removed and disposed of in accordance with applicable laws before the City issues any building permit. As a result, the potential impacts related to the project's construction are considered to be less than significant. The proposed project consists of two retail buildings and a quick service restaurant. Due to the nature of the proposed project (retail and a quick service restaurant), no hazardous materials beyond what is typically used in a household setting will be used once the project is occupied. As stated in Section 2.4, an alternative use for Retail Building 2 is also proposed. The Applicant wants the option to dedicate Retail Building 2 as a medical office. Therefore, if the medical office alternative is selected, the project's future tenant will need to comply with all standards set forth by the California Department of Public Health in the January 2015 edition of the Medical Waste Management Act (California Health and Safety Code Sections ii~600-ii836o) since the project is considered to be a "Medical Waste Generator."2 1 City of Aspen. Employment Generation Rate Updates. Study dated February i3, 2oi3. 2 Section ii~~o5-Medical Waste Generator subsection A defines Medical Waste Generators as "Medical and dental offices, clinics, hospitals, surgery centers, laboratories, research laboratories, unlicensed health facilities, those facilities required to be licensed pursuant to Di«sion z (commencing with Section i2oo), chronic dialysis clinics, as regulated pursuant to Di~~ision 2 (commencing with Section i2oo), and education and research facilities." <.ca..a~.~.!~..!-.ac!~c~c~~~~ ..a.~.!:..~.!.~<!~,r~.!:~....~t~c~~.~.~~_.a..~...a.!.~c!-.act.~.re..~.r.!-.~c~.~.!.~.~~.~• s~ .sic!-.i~c. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ~S {~hq~lE~ On 1~1(xU ~~, 2~~~ before me, C . Rq oS ~t~"ol ~'V~`IC Date Here Insert Name and Tit e of the Officer personally appeared s~U qW~ Manv~ani qnd ~har~ M~nv~o►n i Names) of Signers) who proved to me on the basis of satisfactory evidence to be the persons) whose names) +s/are subscribed to the within instrument and acknowledged to me that ate/site/they executed the same in i is/~et~/their authorized capacity(ies), and that by ~/fir/their signatures) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. C. AA~AOS Camni~slan • 21035Sa WITNESS my hand and official seal. No~uy Pudic - C~iforiNs lay Artq~lea County Gomm. E res Mar 17, 2019 Signature -Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Cor~l"~10Y1A~ ~~ ~rmi7 Document Date: ~~~ I`~ Number of Pages: S Signers) Other Than Named Above: Capacity(ies) Claimed by Signers) Signer's Name: ~S ~gvrl Nta v~an~ Signer's Name: '~~a~- ~nV~G,hI q Corporate Officer — Title(s): O1 Corporate OffJ'cer — Title(s): Partner — ~~ Limited _General U Partner — _~l Limited -General q Individual ~ Attorney in Fact ❑Individual ~ Attorney in Fact q Trustee ::-; Guardian or Conservator D Trustee ~ Guardian or Conservator q Other: ❑Other: Signer Is Representing: ~~Piwc~~ ~.Q1~vJo~n Signer Is Representing: ~Y,,~Jgk ~r LgiW(~~j ~nldinas , u.c N-ol~ih~s , 1Lc. 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 1) Looking North/West across ect property. 3) Looking East across Boyle A~ into subject property {Slauson Ave on right) . _ .~,. - _ - - '_~, - ~ =-1~- ~~ 2) Looking North across Slauson A~ into subject property. (Boy 4) Looking property. — _...1 +fT1 ...... __ ~. ~w n__, ...,ice a.`:- e -.. .. . 5) Looking North/West across Slauson-Boyle intersection at Fitness Business 7) Looking a, a,.:._:. . _ _.. .. Boyle intersection at Shopping Center. . - 'r -- ~... s- 6) Looking South/1Nest across Slauson Aye at Business Park on South side. 8} Looking South across East comer of subject property. 9) Looking North across Slauson Ave into East end of subject property. 11) Looking North along East subject property line on left side of railroad track 12) Looking East along North subject property line (power pole to be removed) T A83AV-09-008-L ~ ,wdn-dod p~ogaa a~ aa~~na~ ~uawa6aeu~ f ~w0968/~0965 ~Aa3AV ~!a~gp6 a~ zasi~i;~ wo~•/Gane'nnnnnn ; ap use a~n e e ~ zai daa ~P 4 I i ap sua5 ~ , ~a~ad g sa~i~e} sa~anb~~~ o 6310-006-016 3 6310-007-003 4 6310-007-006 5 OCCUPANT OCCUPANT OCCUPANT 5725 ALCOA AVE 5800 S BOYLE AVE 3165 E SLAUSON AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-007-006 5 6310-007-006 5 6310-011-007 12 OCCUPANT OCCUPANT OCCUPANT 3171 E SLAUSON AVE 5816 S BOYL~ AVE 5675 S BOYLE AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-011-007 12 6310-012-008 14 6310-018-018 16 / OCCUPANT OCCUPANT OCCUPANT 5701 S BOYLE AVE 3081 E SLAUSON AVE 3090 E SLAUSON AVE VERNON CA 90058 HUNTINGTON PARK CA 90255 HUNTINGTON PARK CA 90255 6310-018-023 18 6310-018-024 19 6310-027-023 20 OCCUPANT OCCUPANT OCCUPANT 3020 E SLAUSON AVE 3060 E SLAUSON AVE 3200 E SLAUSON AVE HUNTINGTON PARK CA 90255 VERNON CA 90058 VERNON CA 90058 6310-027-037 21 6310-027-037 21 6310-027-037 21 OCCUPANT OCCUPANT OCCUPANT 3100 E SLAUSON AVE 3120 E SLAUSON AVE 3130 E SLAUSON AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-027-037 21 6310-027-037 21 6310-Q27-037 21 OCCUPANT OCCUPANT OCCUPANT 3140 E SLAUSON AVE 3144 E SLAUSON AVE 3166 E SLAUSON AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-027-037 21 6310-027-037 21 6310-027-037 21 OCCUPANT OCCUPANT OCCUPANT 3170 E SLAUSON AVE 3188 E SLAUSON AVE 6152 S BOYLE AVE VERNON CA 90058 VERNON CA 90058 VERNON CA 90058 6310-027-037 21 6310-027-037 21 6310-027-037 21 OCCUPANT OCCUPANT OCCUPANT 6170 S BOYLE AVE 6172 S BOYLE AVE 6190 S BOYLE AVE VERNON CA 90058 VERNON CA 9~d58 VERNON CA 90058 ~ w~aBp~ do-dod asodxa s- waded paa~ ~ w109L8/p0915 a~e~dwa10,Gany ash wi0tiZ9 Qa A~~b ~ ~ o~ aui~ 6uo~e puae .~. ~ ~ siaaei TIaa.1 I(s~a 09 L8/0915~ ~aany pane a~gi~edwo~ u~u~ 1g x ~~ 5Z l~~ao~ ap a~anBi~3 0918/09 G90 ~aany y~ir~~ a~gi~edwo~ „8/5 Z x „G azis ~aqe~ ..S3~dtl1S 6310-006-013 1 3251 SLAUSON LLC 3251 E SLAUSON AVE VERNON CA 90058 6310-007-003 4 HOWARD &BARBARA NORTON 20670 CORSAIR BLVD HAYWARD CA 94545 6310-007-807 10-11 6310-027-808 UNION PACIFIC R R CO 1700 FARNAM ST LOTH FLR OMAHA NE 68102 6310-012-008 & 009 14-15 KIDS FROM THE VALLEY X LLC PO BOX 55047 LOS ANGELES CA 90055 6310-018-024 19 JUMA 1'ROPERT[ES LLC 703 N RODEO DR BEVERLY HILLS CA 90210 6310-0?7-900 22 I.A C1TY YO BOX 15! SAN PEDRO CA 90733 6310-006-014 2 SANDBERG FURNITURE MFG CO INC 5705 ALCOA AVE LOS ANGELES CA 90058 6310-007-006,010,01 I 5-7 SHEWAK & LAiWANT[ HOLDINGS LLC 5601 DOWNEY RD VERNON CA 90058 6310-011-007 12 E & L PROPERTIES LLC 5700 BICKET"I' ST HUNTINGTON PARK CA 6310-006-016 3 DAVID &GRACE TUNG 9433 LOWER AZUSA RD TEMPLE CITY CA 91780 6310-007-805 8-9 6310-027-802 SOU PAC TRANS CO 1.700 FARNAM ST 10TH FLR OMAHA NE 68102 63 l 0-011-008 13 1900 WALNUT 5801 S BOYLE AVE 90255 VERNON CA 90058 63I0-018-018 & 022 16-17 KNR LLC 83U6 WILSHIRE BLVD 1675 BEVERLY HILLS CA 90211 6310-027-023 20 IMYCRIAL REAL GSTA1'E HOLDINGS LP 1525 S BROADWAY LOS ANGELES CA 90015 6310-027-901 23 LONG BEACH CITY PO BOX 570 LONG BEACH CA 90801 6310-018-023 18 HOME DEPOT USA INC PO BOX 105842 ATLANTA GA 30348 6310-027-037 2l ADAYA ASSET SLAUSON LLC 11400 OLYMPIC BLVD #860 LOS ANGELES CA 90064 STAPCESS label size 1" x 2 5/8" compatible with Avery °5160/8160 Etiquette de format 25 mm x 67 mm compatible avec Avert/ X5160/8 (60 ~~ ..,,. ;. `r---------------------\v. t,;.- " O \~~\ ,`JI,IN .~ ~ ~O i I~ " 6310 wN ~I N IV'00'U'!. m` iti i` a —}-' ~^ C ~ Y I I ym ~~/ \fin✓ " ~ ~ f 1 ~ VAS \ O ~1=r~ a ~4~ ~a L~ ~ I.~`, I~ sl I fr ~ w v_,s~•v_ ~~ ~ h~Y~ ~ p. 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Ga 92807 7I4-921-2921 ddradi usmaps@sbcglobal. net DOVtiA'S D M1]~A~PrS~ DA'fF::,~~l~L .- 684 S GE, Rl' A\E ANAI{F.1~1 CA 92807 (71A)921-2921 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 1 MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA CONDITIONAL USE PERMIT (CUP) 3165 EAST SLAUSON AVENUE VERNON, CALIFORNIA 90058 LEAD AGENCY: CITY OF VERNON PUBLIC WORKS DEPARTMENT 4305 SOUTH SANTA FE AVENUE VERNON, CALIFORNIA 90058 REPORT PREPARED BY: BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING 2211 SOUTH HACIENDA BOULEVARD, SUITE 107 HACIENDA HEIGHTS, CALIFORNIA 91745 MAY 15, 2018 VERN 001 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 2 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ~ MITIGATED NEGATIVE DECLARt1TION &INITIAL STUDY VERNON PLA7.A ~ 3165 F~sT Sr_.ausorr AvErruE ~ CONDITIONAL USE PERMIT (CUP MITIGATED NEGATIVE DECLARATION PROJECT NAME: Vernon Plaza. APPLICANT: Mr. Bhart Manwani, Shewak & Lajwanti Holdings, LLC. 560 Downey Road, Vernon, CA 90058. PROJECT ADDRESS: 3165 East Slauson Avenue. Assessor Parcel Number (APN): 63io-ooh-006, 63io-ooh-oio, 63io-ooh-oii. CITY & COUNT'Y: Vernon, Los Angeles County. PROJECT: The City of Vernon Public Works Department, in its capacity as the Lead Agency, is reviewing an application that would allow for the construction of a new retail center within a 2.92-acre site. The site is located on the north side of Slauson Avenue and the east side of Boyle Avenue. The site's Assessor's Parcel Numbers include: 63io-ooh-006, 6310-ooh-oio, and 63io-ooh-oii. The project will consist of 33~00o square feet of commercial development including a 22,000 square-foot retail building; an 8,000 square-foot retail building; and a 3,000 square-foot quick serve restaurant with a 250 square-foot patio area. The three buildings will occupy 26 percent of the site and will have a Floor Area Ratio (FAR) of 0.26. Approximately 61 percent (~8,0~o square feet) of the site will be paved, providing sufficient land area for 159 parking stalls. Landscaping will total 1o,29i square feet, or eight percent of the project site. Access to the project will be provided by two driveway connections located along the north side of Slauson Avenue. A third driveway connection w111 be installed along the east side of Boyle Avenue. The site is presently occupied by industrial development, which will need to be demolished to accommodate the project. The proposed development is considered to be a project pursuant to the California Environmental Quality Act (CEQA). FINDINGS: The City of Vernon has determined that a Mitigated Negative Declaration is the appropriate CEQA document for the proposed project. The following findings may be made based on the analysis contained in the attached Initial Study: • The construction and subsequent operation of the proposed project will not have the potential to degrade the quality of the environment. • The construction and subsequent operation of the proposed project will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals. • The construction and subsequent operation of the proposed project will not have impacts that are individually limited, but cumulatively considerable, when considering planned or proposed development. • The construction and subsequent operation of the proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly. The environmental analysis is provided in the attached Initial Study prepared for the proposed project. Contact: ~ ~ Date: ~,,,~~ 3. zo! PAGE 3 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 4 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 5 TABLE OF CONTENTS Section Page 1.0 Introduction ....................................................................................... 7 1.1 Purpose of Initial Study ......................................................................................................... 7 1.2 Initial Study’s Organization ................................................................................................... 8 1.3 Initial Study Checklist ............................................................................................................ 8 2.0 Project Description .......................................................................... 17 2.1 Project Overview .................................................................................................................. 17 2.2 Project Location ................................................................................................................... 17 2.3 Environmental Setting ......................................................................................................... 21 2.4 Project Description ............................................................................................................. 25 2.5 Discretionary Actions........................................................................................................... 31 3.0 Environmental Analysis ................................................................... 33 3.1 Aesthetic Impacts ................................................................................................................. 34 3.2 Agricultural & Forestry Resources Impacts ........................................................................ 37 3.3 Air Quality Impacts .............................................................................................................. 39 3.4 Biological Resources Impacts .............................................................................................. 46 3.5 Cultural Resources Impacts ................................................................................................. 49 3.6 Geology & Soils Impacts ...................................................................................................... 53 3.7 Greenhouse Gas Emissions Impacts ................................................................................... 59 3.8 Hazards & Hazardous Materials Impacts ............................................................................ 64 3.9 Hydrology & Water Quality Impacts ................................................................................... 69 3.10 Land Use & Planning Impacts ............................................................................................. 74 3.11 Mineral Resources Impacts ................................................................................................. 77 3.12 Noise Impacts ...................................................................................................................... 79 3.13 Population & Housing Impacts ........................................................................................... 85 3.14 Public Services Impacts ...................................................................................................... 88 3.15 Recreation Impacts .............................................................................................................. 91 3.16 Transportation & Circulation Impacts ............................................................................... 92 3.17 Tribal Cultural Resources ................................................................................................... 112 3.18 Utilities ................................................................................................................................ 115 4.0 Conclusions .....................................................................................121 4.1 Mandatory Findings of Significance ................................................................................... 121 5.0 References ..................................................................................... 123 5.1 Preparers ............................................................................................................................ 123 5.2 References .......................................................................................................................... 123 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) PAGE 6 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 7 SECTION 1 INTRODUCTION 1.1 PURPOSE OF INITIAL STUDY The City of Vernon Public Works Department, in its capacity as the Lead Agency, is reviewing an application that would allow for the construction of a new retail center within a 2.92-acre site. The site is located on the north side of Slauson Avenue and the east side of Boyle Avenue. The site’s Assessor’s Parcel Numbers include: 6310-007-006, 6310-007-010, and 6310-007-011. The project will consist of 33,000 square feet of commercial development including a 22,000 square-foot retail building; an 8,000 square- foot retail building; and a 3,000 square-foot quick serve restaurant with a 250 square-foot patio area. The three buildings will occupy 26 percent of the site and will have a Floor Area Ratio (FAR) of 0.26. Approximately 61 percent (78,070 square feet) of the site will be paved, providing sufficient land area for 159 parking stalls. Landscaping will total 10,291 square feet, or eight percent of the project site. Access to the project will be provided by two driveway connections located along the north side of Slauson Avenue. A third driveway connection will be installed along the east side of Boyle Avenue. The site is presently occupied by industrial development, which will need to be demolished to accommodate the project.1 The project is considered to be a project pursuant to the California Environmental Quality Act (CEQA). As part of the proposed project’s environmental review, the City of Vernon has authorized the preparation of this Initial Study. The primary purpose of the CEQA is to ensure that decision-makers and the public understand the environmental implications of an action or project and to ascertain whether the proposed project will have the potential for significant adverse impacts on the environment once it is occupied. Pursuant to the CEQA Guidelines, additional purposes of this Initial Study include the following: ● To provide the City of Vernon with information to use as the basis for deciding whether to prepare an Environmental Impact Report (EIR), a Mitigated Negative Declaration, or a Negative Declaration for the project; ● To facilitate the proposed project’s environmental assessment early in the planning phases; ● To eliminate unnecessary EIRs; and, ● To determine the nature and extent of any new impacts associated with the proposed project.2 Although this Initial Study was prepared with consultant support, the analysis, conclusions, and findings made as part of its preparation fully represent the independent judgment and position of the City of Vernon, in its capacity as the Lead Agency. The City determined that a Mitigated Negative Declaration is the appropriate environmental document for the proposed project’s CEQA review. A 20-day public review period will be provided to allow these entities and other interested parties to comment on the proposed 1 Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 2 California, State of, Title 14. California Code of Regulations. Chapter 3. Guidelines for the Implementation of the California Environmental Quality Act as Amended 2000. (CEQA Guidelines) § 15050. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 8 project and the findings of this Initial Study. Questions and/or comments should be submitted to the following contact person: Mr. Daniel Wall City of Vernon Public Works Department 4305 South Santa Fe Avenue Vernon, California 90058 1.2 INITIAL STUDY’S ORGANIZATION The following annotated outline summarizes the format and content of this Initial Study: ● Section 1 Introduction, provides the procedural context surrounding this Initial Study's preparation and insight into its composition. The CEQA Checklist is also included in this Section. ● Section 2 Project Description, provides an overview of the affected area along with a description of the proposed project’s physical and operational characteristics. This section also identifies the related projects used in the analysis of cumulative impacts. ● Section 3 Environmental Analysis, includes an analysis of potential impacts associated with the implementation of the proposed project. ● Section 4 Conclusions, identifies the Mandatory Findings of Significance related to the proposed project’s approval and subsequent implementation. ● Section 5 References, identifies the sources used in the preparation of this Initial Study. 1.3 INITIAL STUDY CHECKLIST The City of Vernon has determined that a Mitigated Negative Declaration (MND) is the appropriate CEQA document for the proposed project’s environmental review. The following findings may be made based on the analysis completed as part of this Initial Study’s preparation: ● The proposed project will not have the potential to degrade the quality of the environment. ● The proposed project will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals. ● The proposed project will not have impacts that are individually limited, but cumulatively considerable. ● The proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 9 The findings of this Initial Study are summarized in Table 1-1 provided below and on the following pages. Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact Section 3.1 Aesthetic Impacts. Would the project: a) Have a substantial adverse affect on a scenic vista? X b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? X c) Would the project substantially degrade the existing visual character or quality of the site and its surroundings? X d) Create a new source of substantial light or glare that would adversely affect day- or night-time views in the area? X Section 3.2 Agriculture & Forestry Resources Impacts. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? X b) Conflict with existing zoning for agricultural use, or a Williamson Act Contract? X c) Would the project conflict with existing zoning for or cause rezoning of, forest land (as defined in Public Resources Code §4526), or zoned timberland production (as defined by Government Code §51104[g])? X d) Would the project result in the loss of forest land or the conversion of forest land to a non-forest use? X e) Involve other changes in the existing environment that, due to their location or nature, may result in conversion of farmland to non-agricultural use? X Section 3.3 Air Quality Impacts. Would the project: a) Conflict with or obstruct the implementation of the applicable air quality plan? X b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? X c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions, which exceed quantitative thresholds for ozone precursors)? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 10 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact d) Expose sensitive receptors to substantial pollutant concentrations? X e) Create objectionable odors affecting a substantial number of people? X Section 3.4 Biological Resources Impacts. Would the project have a substantial adverse effect: a) Either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U. S. Fish and Wildlife Service? X b) On any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? X c) On Federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? X d) In interfering substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory life corridors, or impede the use of native wildlife nursery sites? X e) In conflicting with any local policies or ordinances, protecting biological resources, such as a tree preservation policy or ordinance? X f) By conflicting with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? X Section 3.5 Cultural Resources Impacts. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the CEQA Guidelines? X b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the CEQA Guidelines? X c) Directly or indirectly destroy a unique paleontological resource, site, or unique geologic feature? X d) Disturb any human remains, including those interred outside of dedicated cemeteries? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 11 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact Section 3.6 Geology & Soils Impacts. Would the project result in or expose people to potential impacts involving: a) The exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault (as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault), ground-shaking, liquefaction, or landslides? X b) Substantial soil erosion or the loss of topsoil? X c) Location on a geologic unit or a soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? X d) Location on expansive soil, as defined in California Building Code (2012), creating substantial risks to life or property? X e) Soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? X Section 3.7 Greenhouse Gas Emissions Impacts. Would the project: a) Result in the generation of greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? X b) Increase the potential for conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of greenhouse gases? X Section 3.8 Hazards & Hazardous Materials Impacts. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? X b) Create a significant hazard to the public or the environment or result in reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? X c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 12 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact d) Be located on a site, which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5, and as a result, would it create a significant hazard to the public or the environment? X e) Be located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or a public use airport, would the project result in a safety hazard for people residing or working in the project area? X f) Within the vicinity of a private airstrip, result in a safety hazard for people residing or working in the project area? X g) Impair implementation of, or physically interfere with, an adopted emergency response plan or emergency response plan or emergency evacuation plan? X h) Expose people or structures to a significant risk of loss, injury, or death involving wild lands fire, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? X Section 3.9 Hydrology & Water Quality Impacts. Would the project: a) Violate any water quality standards or waste discharge requirements? X b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge in such a way that would cause a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? X c) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? X d) Substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner that would result in flooding on- or off-site? X e) Create or contribute runoff water, which would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? X f) Substantially degrade water quality? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 13 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact g) Place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? X h) Place within a 100-year flood hazard area, structures that would impede or redirect flood flows? X i) Expose people or structures to a significant risk of flooding because of dam or levee failure? X j) Result in inundation by seiche, tsunami, or mudflow? X Section 3.10 Land Use Impacts. Would the project: a) Physically divide an established community, or otherwise result in an incompatible land use? X b) Conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to, a general plan, proposed project, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? X c) Conflict with any applicable habitat conservation or natural community conservation plan? X Section 3.11 Mineral Resources Impacts. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? X b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, proposed project, or other land use plan? X Section 3.12 Noise Impacts. Would the project result in: a) Exposure of persons to, or the generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? X b) Exposure of people to, or the generation of, excessive ground- borne noise levels? X c) Substantial permanent increase in ambient noise levels in the project vicinity above noise levels existing without the project? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 14 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact d) Substantial temporary or periodic increases in ambient noise levels in the project vicinity above levels existing without the project? X e) For a project located with an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? X f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? X Section 3.13 Population & Housing Impacts. Would the project: a) Induce substantial growth in an area either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? X b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? X c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? X Section 3.14 Public Services Impacts. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives in any of the following areas: a) Fire protection services? X b) Police protection services? X c) School services? X d) Other governmental services? X Section 3.15 Recreation Impacts. Would the project: a) Increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? X b) Affect existing recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 15 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact Section 3.16 Transportation & Circulation Impacts. Would the project: a) Cause a conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to, intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? X b) Exceed, either individually or cumulatively, a level of service standard established by the County Congestion Management Agency for designated roads or highways? X c) A change in air traffic patterns, including either an increase in traffic levels or a change in the location that results in substantial safety risks? X d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? X e) Result in inadequate emergency access? X f) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? X Section 3.17 Tribal Culture Resources. Would the project cause a substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is: a) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). X b) A resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the Lead Agency shall consider the significance of the resource to a California Native tribe. X Section 3.18 Utilities Impacts. Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? X b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts? X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 1 ● INTRODUCTION PAGE 16 Table 1-1 Summary (Initial Study Checklist) Environmental Issues Area Examined Potentially Significant Impact Less Than Significant Impact With Mitigation Less Than Significant Impact No Impact c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? X d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? X e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has inadequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? X f) Be served by a landfill with insufficient permitted capacity to accommodate the project’s solid waste disposal needs? X g) Comply with Federal, State, and local statutes and regulations related to solid waste? X Section 3.19 Mandatory Findings of Significance. The approval and subsequent implementation of the proposed project: a) Will not have the potential to degrade the quality of the environment, with the implementation of the recommended standard conditions and mitigation measures included herein. X b) Will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals, with the implementation of the recommended standard conditions and mitigation measures referenced herein. X c) Will not have impacts that are individually limited, but cumulatively considerable, when considering planned or proposed development in the immediate vicinity, with the implementation of the recommended standard conditions and mitigation measures contained herein. X d) Will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of the recommended standard conditions and mitigation measures contained herein. X e) This Initial Study indicated there is no evidence that the proposed project will have an adverse effect on wildlife resources or the habitat upon which any wildlife depends. X CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 17 SECTION 2 PROJECT DESCRIPTION 2.1 PROJECT OVERVIEW The City of Vernon Public Works Department, in its capacity as the Lead Agency, is reviewing an application that would allow for the construction of a new retail center within a 2.92-acre site. The site is located on the north side of Slauson Avenue and the east side of Boyle Avenue. The site’s Assessor’s Parcel Numbers include: 6310-007-006, 6310-007-010, and 6310-007-011. The project will consist of 33,000 square feet of commercial development including a 22,000 square-foot retail building; an 8,000 square- foot retail building; and a 3,000 square-foot quick serve restaurant with a 250 square-foot patio area. The three buildings will occupy 26 percent of the site and will have a Floor Area Ratio (FAR) of 0.26. Approximately 61 percent (78,070 square feet) of the site will be paved, providing sufficient land area for 159 parking stalls. Landscaping will total 10,291 square feet, or eight percent of the project site. Access to the project will be provided by two driveway connections located along the north side of Slauson Avenue. A third driveway connection will be installed along the east side of Boyle Avenue. The site is presently occupied by industrial development, which will need to be demolished to accommodate the project.3 2.2 PROJECT LOCATION The proposed project site is located within the southern portion of the City of Vernon. The City of Vernon’s boundary abuts the City of Los Angeles to the south and east and is located approximately two miles southeast of Downtown Los Angeles. Vernon is bound by the cities of Los Angeles and Commerce to the north; the City of Los Angeles to the west; the cities of Huntington Park and Maywood to the south; and the cities of Commerce and Bell to the east.4 The City of Huntington Park’s corporate boundaries extend along a 108 feet segment along the west side of Boyle Avenue opposite the project site. Major physiographic features located within and in the vicinity of the City include the Los Angeles River, which traverses through the eastern portion of the City; and the San Gabriel Mountains, located approximately 15 miles to the north of the City.5 Regional access to the City of Vernon is provided by the Long Beach Freeway (I-710), with on and 0ff-ramps connections with Atlantic Avenue and Bandini Boulevard. The project site’s legal address is 3165 East Slauson Avenue. The Los Angeles County Assessor Parcel Numbers (APNs) that are applicable to the site are 6310-007-006, 6310-007-010, and 6310-007-011. Major roadways in the vicinity of the project site include Washington Boulevard, located approximately two miles to the north; Slauson Avenue, located along the south side of the project site; Soto Street, located 0.39 miles to the west; and Atlantic Avenue, located 1.54 miles to the east of the project site.6 The City’s location in a regional context is illustrated in Exhibit 2-1. In addition, a citywide map is illustrated in Exhibit 2-2 and a local map is provided in Exhibit 2-3. 3 Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 4 Quantum GIS and the Southern California Association of Governments. 5 Google Earth. Website accessed January 5, 2017. 5 Ibid. 6 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 18 EXHIBIT 2-1 REGIONAL LOCATION MAP Source: Quantum GIS CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 19 EXHIBIT 2-2 CITYWIDE MAP Source: Quantum GIS Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 20 EXHIBIT 2-3 LOCAL AREA Source: Quantum GIS Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 21 2.3 ENVIRONMENTAL SETTING The 2.92-acre site is located in the midst of an industrial area and is surrounded on all sides by industrial and commercial development. Exhibit 2-4 includes an aerial photograph of the project site and the adjacent development. Surrounding land uses in the vicinity of the project site are described below: ● North of the project site. Norton Packaging, a packaging firm specializing in the packaging of paint/coatings, food products, lubricants, and chemicals/cleaners abuts the project site to the north.7 ● South of the project site. Slauson Avenue extends along the south side of the project site. Various industrial uses occupy frontage along the south side of Slauson Avenue. These uses are located in an industrial park and include NBS Corporation, a fastener importer, and Romas R Us, a logistics company specializing in transporting produce. ● East of the project site. A railroad right-of-way (ROW) extends along the project site’s eastern boundary in a north-south orientation. Additional industrial development is located east of the aforementioned ROW.8 ● West of the project site. Boyle Avenue extends along the western side of the project site. Various uses including an LA Fitness and Update-International, a supplier of professional cookware and other food preparation supplies, occupy frontage along the west side of Boyle Avenue.9 The LA Fitness is located within the corporate boundaries of Huntington Park. The project site presently contains four older industrial buildings. Two of these existing buildings are located in the western portion of the project site. The two remaining buildings are located in the eastern portion of the project site. Of the two buildings that are located in the western portion of the site, one occupies the northwest corner of the site while the other occupies frontage along the north side of Slauson Avenue. Apex Kitchen Cabinets and Granite Countertops currently operates out of these two buildings. One of the two buildings located in the eastern half of the site occupies frontage along Slauson Avenue while the last building is located in the northeast corner of the site. The companies that operate out of the building located along Slauson Avenue include APS Finishing, MAC incorporated, and IQ Tile, Inc. GRS, a cloth cutting business, occupies the fourth building located in the northeast corner of the site. All four buildings feature are in poor condition. The site itself is covered over in cracked and stained asphalt. Minimal vegetation is present on-site and the most prominent species are the two palm trees located in the western portion of the site. The north, west, and portions of the south side of the project site are fenced off by a wall that consists of a concrete block base and a chain link top. Portions of the eastern boundary are fenced off by a chain link fence with added barbed wire. Photographs of project site are provided in Exhibits 2-5 and 2-6. 7 Blodgett Baylosis Environmental Planning. Site survey. Survey was conducted on January 4, 2017. 8 Ibid. 9 Google Earth. Website accessed January 5, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 22 EXHIBIT 2-4 AERIAL PHOTOGRAPH Source: Google Maps Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 23 View of the western portion of the project site facing northwest. View of the western portion of the project site facing northeast. EXHIBIT 2-5 PHOTOGRAPHS OF THE PROJECT SITE Source: Blodgett Baylosis Environmental Planning CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 24 View of the eastern portion of the project site facing northwest. The adjacent railroad ROW is shown in the foreground. View of the buildings that occupy frontage along Slauson Avenue facing west. EXHIBIT 2-6 PHOTOGRAPHS OF THE PROJECT SITE Source: Blodgett Baylosis Environmental Planning CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 25 Other notable uses within the vicinity of the project site include Huntington Park High School, located 0.35 miles to the southwest; San Antonio Elementary School, located 0.38 miles to the south of the site; Pacific Boulevard School, located 0.49 miles to the west of the site; and Loma Vista Avenue Elementary School, located 0.59 miles to the east of the site.10 2.4 PROJECT DESCRIPTION 2.4.1 PHYSICAL CHARACTERISTICS OF PROPOSED PROJECT As indicated previously, the proposed project will involve the construction of a new retail center within the 2.92-acre site. The proposed project will consist of two retail buildings and a quick service restaurant, which are described in detail below: ● Site Plan. The 127,515 square-foot (2.92-acre) project has a lot width of 514 feet (west-to-east) a lot depth (north-to-south) of 252 feet. Once constructed, the proposed project will be developed as a commercial center that will have a maximum floor area ratio (FAR) of 0.26 and a lot coverage of 26 percent.11 The project site consists of three parcels including a former railroad right-of-way (ROW) that is a spur track. ● Quick Service Restaurant. A new quick service restaurant will be erected within the site’s southwestern corner. This quick service restaurant will total 3,000 square feet of floor area and will be equipped with a drive-thru. The drive-thru lane will have the capacity to accommodate 11 vehicles. This restaurant building’s dimensions will be approximately 76 feet by and a depth of 38 feet. A 250 square-foot open air patio with outdoor seating will also be provided.12 ● Retail Building 1. A 22,000 square-foot retail building will be constructed within the site’s northeast corner. This retail building’s dimensions will be 138 feet by approximately 169 feet. A single dock door will be installed along the building’s northwest corner.13 ● Retail Building 2 or Medical Office. This building will be located along the property’s northern boundary and will have a total floor area of 8,000 square feet, a width of 166 feet and 8 inches, and a depth of 48 feet. This building will consist of 5,000 square feet of retail and a 3,000 square-foot take-out restaurant with a 250 square-foot patio, though an option to use this building as a medical office is also proposed.14 ● Parking and Access. A total of 159 parking stalls will be supplied for the proposed project. These parking spaces will be distributed throughout the 78,070 square-foot paving area, which comprises 10 Google Earth. Website accessed January 5, 2017. 11 Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 12 Ibid. 13 Ibid. 14 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 26 approximately 61 percent of the site. Access to the project site will be provided by a total of three driveways. The two driveways that will connect to Slauson Avenue will have a width of 35 feet and 40 feet. The driveway that will provide access to Boyle Avenue will have a width of 40 feet.15 ● Landscaping. Landscaping will total 10,291 square feet and will occupy approximately eight percent of the project site. Landscaping will be planted along the site’s frontage with Boyle Avenue and Slauson Avenue. Additional landscaping will be provided within the parking areas and around portions of the three buildings.16 The proposed project is summarized in Table 2-1. The proposed site plan is provided in Exhibit 2-7 and the building elevations are provided in Exhibits 2-8 through 2-10. Table 2-1 Project Summary Table Project Element Description Site Area 127,515 sq. ft. (2.92 acres) Total Building Area 33,000 sq. ft. Quick Service Restaurant + Patio 3,000 sq. ft. + 250 sq. ft. Retail Building 1 22,000 sq. ft. Retail Building 2/Take Out Restaurant 8,000 sq. ft. Landscaping 10,291 sq. ft. Lot Coverage and FAR 26% and 0.26 FAR Vehicle Parking Spaces Provided 159 spaces Truck Doors 1 (to be installed along the western side of Retail Building 1) Source: Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 2.4.2 OPERATIONAL CHARACTERISTICS The quick service restaurant will have operating hours between 6:00 AM to 12:00 PM seven days a week. The two retail buildings will be open from 6:00 AM to 12:00 PM seven days a week. The proposed project as a whole is projected to employ a total of approximately 108 people. The quick service restaurant will employ approximately 28 people. The two retail buildings will employ approximately 80 people (59 for Retail Building 1 and 21 for Building Area 2).17 15 Michael Caley Architect. Slauson-Boyle Site Plan. Plan dated September 28, 2017. 16 Ibid. 17 City of Aspen. Employment Generation Rate Updates. Study dated February 13, 2013. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 27 Boyle Avenue EXHIBIT 2-7 CONCEPTUAL SITE PLAN Source: Michael Caley Architect North CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 28 EXHIBIT 2-8 CONCEPTUAL ELEVATIONS Source: Michael Caley Architect CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 29 EXHIBIT 2-9 CONCEPTUAL ELEVATIONS Source: Michael Caley Architect CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 30 EXHIBIT 2-10 CONCEPTUAL ELEVATIONS Source: Michael Caley Architect CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 31 2.4.3 CONSTRUCTION CHARACTERISTICS The construction of the phase for the proposed project would take approximately 13 months to complete. The key construction phases are outlined below: ● Demolition. This initial phase will involve the demolition and removal of the existing on-site improvements including the four buildings. This phase will take approximately one month to complete. ● Site Preparation. The project site will then be readied for the construction of the new retail development. This phase will take approximately one month to complete. ● Grading. This phase will involve the grading of the site. This phase will take approximately one month to complete. ● Construction. The three new retail buildings will be constructed during this phase. This phase will take approximately six months to complete. ● Paving. The 78,070 square-foot paving area will be constructed during this phase. This phase will take approximately one month to complete. ● Landscaping and Finishing. This phase will involve the installation of the landscaping and the completion of the on-site improvements. This phase will last approximately three months. 2.5 DISCRETIONARY ACTIONS A Discretionary Action is an action taken by a government agency (for this project, the government agency is the City of Vernon) that calls for an exercise of judgment in deciding whether to approve a project. The proposed project will require the following approvals: ● The approval of a Conditional Use Permit (CUP) to permit the construction and operation of commercial/retail uses within the C-1 overlay zone per Section 26.4.2-4 of the City’s Zoning Ordinance; ● The adoption of the Mitigated Negative Declaration; and, ● The adoption of the Mitigation Monitoring and Reporting Program (MMRP). CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 2 ● PROJECT DESCRIPTION PAGE 32 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3 ● ENVIRONMENTAL ANALYSIS PAGE 33 SECTION 3 ENVIRONMENTAL ANALYSIS This section of the Initial Study analyzes the potential environmental impacts that may result from the proposed project’s implementation. The issue areas evaluated in this Initial Study include: ● Aesthetics (Section 3.1); ● Agricultural & Forestry Resources (Section 3.2); ● Air Quality (Section 3.3); ● Biological Resources (Section 3.4); ● Cultural Resources (Section 3.5); ● Geology & Soils (Section 3.6); ● Greenhouse Gas Emissions; (Section 3.7); ● Hazards & Hazardous Materials (Section 3.8); ● Hydrology & Water Quality (Section 3.9); ● Land Use & Planning (Section 3.10); ● Mineral Resources (Section 3.11); ● Noise (Section 3.12); ● Population & Housing (Section 3.13); ● Public Services (Section 3.14); ● Recreation (Section 3.15); ● Transportation & Circulation (Section 3.16); ● Tribal Cultural Resources (Section 3.17); ● Utilities (Section 3.18); and, ● Mandatory Findings of Significance (Section 3.19). The environmental analysis contained in this section reflects the Initial Study Checklist format used by the City of Vernon Public Works Department in its environmental review process pursuant to the CEQA Guidelines. Under each issue area, an assessment of impacts is provided in the form of questions and answers. The analysis contained herein serves as a response to the individual questions. For the evaluation of potential impacts, questions are stated and an answer is provided according to the analysis undertaken as part of this Initial Study's preparation. To each question, there are four possible responses: ● No Impact. The approval and subsequent implementation of the proposed project will not have any measurable environmental impact on the environment. ● Less Than Significant Impact. The approval and subsequent implementation of the proposed project may have the potential for affecting the environment, although these impacts will be below levels or thresholds that the City of Vernon or other responsible agencies consider to be significant. ● Less Than Significant Impact with Mitigation. The approval and subsequent implementation of the proposed project may have the potential to generate impacts that will have a significant impact on the environment. However, the level of impact may be reduced to levels that are less than significant with the implementation of mitigation measures. ● Potentially Significant Impact. The approval and subsequent implementation of the proposed project may result in environmental impacts that are significant. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.1 ● AESTHETIC IMPACTS PAGE 34 3.1 AESTHETIC IMPACTS 3.1.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse aesthetic impact if it results in any of the following: ● An adverse effect on a scenic vista; ● Substantial damage to scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway; ● A substantial degradation of the existing visual character or quality of the site and its surroundings; or, ● A new source of substantial light and glare that would adversely affect day-time or night-time views in the area. 3.1.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project affect a scenic vista? ● No Impact. The project site is in the midst of an industrial area that is located north of Slauson Avenue and east of Boyle Avenue. The 2.92-acre site is surrounded on all sides by commercial and industrial uses. This existing development currently obstructs views of the San Gabriel Mountains and Puente Hills. However, views of the San Gabriel Mountains are available facing north on Boyle Avenue. Once complete, the proposed project will not negatively impact any significant views since the existing industrial development restricts views of the aforementioned scenic vistas. The project will not introduce a building that may obstruct the line-of-sight between Boyle Avenue and the San Gabriel Mountains because all of the proposed buildings will be located on-site. Furthermore, there are no uses located in the immediate area that would be sensitive to a loss in views. The site in its present state exhibits blight and the buildings that occupy the site are dated. The approval of the proposed project will aid the City in enhancing the appearance of Slauson Avenue and Boyle Avenue and a key entryway to the City. As a result, the proposed project’s implementation will not result in any impacts with respect to scenic vistas. B. Would the project substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ● No Impact. According to the California Department of Transportation (Caltrans), neither Slauson Avenue nor Boyle Avenue are designated scenic highways.18 The site is currently developed and does not contain any scenic rock outcroppings. The existing vegetation found on-site consists of species most commonly found in an 18 California Department of Transportation. Official Designated Scenic Highways. www.dot.ca.gov CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.1 ● AESTHETIC IMPACTS PAGE 35 urban environment. Lastly, the project site does not contain any buildings listed in the State or National registrar (refer to Section 3.5). As a result, no impacts will occur. C. Would the project result in a substantial degradation of the existing visual character or quality of the site and its surroundings? ● Less than Significant Impact with Mitigation. As noted previously, the project site exhibits blight and the buildings that occupy the site are dated and poorly maintained. The site is covered over in cracked and stained asphalt. Minimal amounts of vegetation consisting mostly of palm trees are spread throughout the paved areas. Once constructed, the proposed project will enhance the visual character and quality of the site by introducing development characterized by façade treatments, new paved areas, and drought tolerant landscaping. Landscaping will be provided along the site’s frontages with Boyle Avenue and Slauson Avenue. In addition, the single dock door that will be provided for Retail Building 1 will be screened by the building itself and will not be visible from the adjacent streets. To ensure that the property is maintained, the following mitigation measures will be required: ● During the construction phases, the site will be maintained in good condition and secured from public access. Any temporary fencing shall be maintained in good condition and free from graffiti. Any undeveloped surfaces where construction will not occur for more than 90-days must be maintained free of weeds, rubbish, and construction debris. ● Once the proposed project is completed, all wall surfaces must be maintained free of graffiti. Should graffiti appear on one or more of the buildings, the graffiti must be removed within 72 hours of initial discovery. Adherence to the mitigation measures described above will reduce potential construction and operational impacts to levels that are less than significant. D. Would the project create a new source of substantial light or glare that would adversely affect day or night-time views in the area? ● No Impact. Exterior lighting can be a nuisance to adjacent land uses that are sensitive to this lighting. For example, lighting emanating from unprotected or unshielded light fixtures may shine through windows that could disturb the residents inside. This light spillover is referred to as light trespass, which is typically defined as the presence of unwanted light on properties located adjacent to the source of lighting. Sensitive receptors refer to land uses and/or activities that are especially sensitive to light and typically include homes, schools, playgrounds, hospitals, convalescent homes, and other similar facilities where children or the elderly may congregate. Sources of lighting in the vicinity of the project site include headlights from vehicles using the adjacent roadways, lights from the parking area and the building’s exterior, interior lighting, as well as exterior/interior lighting from the adjacent uses. The illumination radiating from the site once the project is operational will not affect nearby light sensitive receptors because there are none. The nearest light- sensitive receptors in the area include the single-family residential units located 866 feet to the southwest CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.1 ● AESTHETIC IMPACTS PAGE 36 of the project site along the south side of Belgrave Avenue. These homes are not located within the line-of- sight of the project area. Therefore, no impacts to nearby sensitive receptors will occur. The project in its current state adheres to Section 26.10.3-7 of the City’s Zoning Code, which calls for the “screening of each drive-through aisle with a combination of landscaping, low walls, and/or berms maintained at a minimum height of three feet to prevent headlight glare from impacting adjacent streets, adjoining properties, and parking lots.” The Applicant will provide a minimum of six feet of landscaping along the southern and western sides of the drive-thru. This landscaping will obstruct light emanating from vehicle headlights and will prevent light from the aforementioned sources from negatively impacting nearby traffic. As a result, no impacts will occur. 3.1.3 CUMULATIVE IMPACTS The potential aesthetic impacts related to views, aesthetics, and light and glare are site specific. Furthermore, the analysis determined that the proposed project would not result in any significant adverse aesthetic impacts. As mentioned in Section 2.4.3, no cumulative projects are located within close proximity to the project site. For this reason, no cumulative aesthetic impacts are anticipated. 3.1.4 MITIGATION MEASURES The following mitigation will be required to address potential aesthetic impacts related to street maintenance: Mitigation Measure No. 1 (Aesthetic Impacts). During the construction phases, the site will be maintained in good condition and secured from public access. Any temporary fencing shall be maintained in good condition and free from graffiti. Any undeveloped surfaces where construction will not occur for more than 90-days must be maintained free of weeds, rubbish, and construction debris. Mitigation Measure No. 2 (Aesthetic Impacts). Once the proposed project is completed, all wall surfaces must be maintained free of graffiti. Should graffiti appear on one or more of the buildings, the graffiti must be removed within 72 hours of initial discovery. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.2 ● AGRICULTURE & FORESTRY RESOURCES IMPACTS PAGE 37 3.2 AGRICULTURE & FORESTRY RESOURCES IMPACTS 3.2.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant impact on agricultural resources if it results in any of the following: ● The conversion of Prime Farmland, Unique Farmland, or Farmland of Statewide importance; ● A conflict with existing zoning for agricultural use or a Williamson Act Contract; ● A conflict with existing zoning for or cause rezoning of, forest land (as defined in Public Resources Code §4526), or zoned timberland production (as defined by Government Code §51104[g]); ● The loss of forest land or the conversion of forest land to a non-forest use; or, ● Changes to the existing environment that due to their location or nature may result in the conversion of farmland to non-agricultural uses. 3.2.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance, as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ● No Impact. According to the California Department of Conservation, the City of Vernon does not contain any areas of Prime Farmland, Unique Farmland, or Farmland of Statewide Importance.19 The project site is presently occupied by industrial uses and no agricultural uses and/or activities are located on-site according to site surveys undertaken for the project. As a result, no impacts will occur. B. Would the project conflict with existing zoning for agricultural use or a Williamson Act Contract? ● No Impact. According to Section 26.4.2-2 of the City’s Zoning Code, uses permitted by right in the “I” (Industrial) zone are also permitted by right in the C-1 zone. Agricultural uses are not listed as permitted uses within the I zone.20 Therefore, the proposed project’s implementation will not conflict with zoning for agricultural uses since they are not permitted within the C-1 zone. 19 California Department of Conservation, Division of Land Resource Protection, Farmland Mapping and Monitoring Program. Important Farmland in California 2010. ftp://ftp.consrv.ca.gov/pub/dlrp/FMMP/pdf/statewide/2010/fmmp2010_08_11.pdf. 20 City of Vernon Comprehensive Zoning Ordinance. Sec. 26.4.1-2. Uses Permitted of Right. Site accessed January 9, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.2 ● AGRICULTURE & FORESTRY RESOURCES IMPACTS PAGE 38 In addition, according to the California Department of Conservation Division of Land Resource Protection, the project site is not subject to a Williamson Act Contract.21 As a result, no impacts on existing or future Williamson Act Contracts or land zoned for agricultural uses will result from the proposed project’s implementation. C. Would the project conflict with existing zoning for or cause rezoning of, forest land (as defined in Public Resources Code Section 4526), or zoned timberland production (as defined by Government Code § 5110[g])? ● No Impact. The City of Vernon is located in the midst of a larger urban area and no forest lands are located within the project site or in the surrounding area. Moreover, the City of Vernon General Plan does not provide for any forest land protection.22 As a result, no impacts on forest land or timber resources will result from the implementation of the proposed project. D. Would the project result in the loss of forest land or the conversion of forest land to a non-forest use? ● No Impact. No forest lands are located within the vicinity of the project site. As a result, no loss or conversion of forest lands will result from the proposed project’s implementation and no impacts will occur. E. Would the project involve other changes in the existing environment that, due to their location or nature, may result in conversion of farmland to non-agricultural use? ● No Impact. The project would not involve the disruption or damage of the existing environment that would result in a loss of farmland to nonagricultural use or conversion of forest land to non-forest use because the project site is not located in close proximity to farm land or forest land. As a result, no impacts will result from the implementation of the proposed project. 3.2.3 CUMULATIVE IMPACTS The analysis determined that there is no remaining agricultural or forestry resources in the City. Furthermore, the analysis determined that future use would not result in any significant adverse impacts. As a result, no cumulative impacts on agricultural or farmland resources will occur. 3.2.4 MITIGATION MEASURES The analysis of agriculture and forestry resources indicated that no significant adverse impacts would result from the proposed project’s implementation. As a result, no mitigation measures are required. 21 California Department of Conservation. State of California Williamson Act Contract Land. ftp://ftp.consrv.ca.gov/pub/dlrp/WA/2012%20Statewide%20Map/WA_2012_8x11.pdf 22 City of Vernon General Plan. Resources Element. Site accessed January 9, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 39 3.3 AIR QUALITY IMPACTS 3.3.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project will normally be deemed to have a significant adverse environmental impact on air quality, if it results in any of the following: ● A conflict with the obstruction of the implementation of the applicable air quality plan; ● A violation of an air quality standard or contribute substantially to an existing or projected air quality violation; ● A cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard; ● The exposure of sensitive receptors to substantial pollutant concentrations; or, ● The creation of objectionable odors affecting a substantial number of people. The South Coast Air Quality Management District (SCAQMD) has established quantitative thresholds for short-term (construction) emissions and long-term (operational) emissions for criteria pollutants. These criteria pollutants include the following: ● Ozone (O3) is a nearly colorless gas that irritates the lungs, damages materials, and vegetation. O3 is formed by a photochemical reaction (when nitrogen dioxide is broken down by sunlight). ● Carbon monoxide (CO), a colorless, odorless toxic gas that interferes with the transfer of oxygen to the brain, is produced by the incomplete combustion of carbon-containing fuels emitted as vehicle exhaust. ● Nitrogen dioxide (NO2) is a yellowish-brown gas, which at high levels can cause breathing difficulties. NO2 is formed when nitric oxide (a pollutant from burning processes) combines with oxygen. ● Sulfur dioxide (SO2) is a colorless, pungent gas formed primarily by the combustion of sulfur- containing fossil fuels. ● PM10 and PM2.5 refers to particulate matter less than ten microns and two and one-half microns in diameter, respectively. Particulates of this size cause a greater health risk than larger-sized particles since fine particles can more easily be inhaled. A project would be considered to have a significant effect on air quality if it violated any ambient air quality standard (AAQS), contributed substantially to an existing air quality violation, or exposed sensitive receptors to substantial pollutant concentrations. In addition to the Federal and State AAQS, there are daily emissions thresholds for construction and operational activities. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 40 Projects in the South Coast Air Basin (SCAB) generating construction-related emissions that exceed any of the following daily emissions thresholds are considered to be significant under CEQA: ● 75 pounds per day of reactive organic compounds; ● 100 pounds per day of nitrogen dioxide; ● 550 pounds per day of carbon monoxide; ● 150 pounds per day of PM10; or, ● 150 pounds per day of sulfur oxides. A project would have a significant effect on air quality if any of the following operational daily emissions thresholds for criteria pollutants are exceeded: ● 55 pounds of reactive organic compounds; ● 55 pounds of nitrogen dioxide; ● 550 pounds of carbon monoxide; ● 150 pounds of PM10; or, ● 150 pounds of sulfur oxides. 3.3.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project conflict with or obstruct implementation of the applicable air quality plan? ● No Impact. The City of Vernon is located within the South Coast Air Basin (SCAB), which includes a 6,600 square-mile area within Orange County and the non-desert portions of Los Angeles County, Riverside County, and San Bernardino County. Air quality in the SCAB is monitored by the South Coast Air Quality Management District (SCAQMD) at various monitoring stations located throughout the area.23 Measures to improve regional air quality are outlined in the SCAQMD’s Air Quality Management Plan (AQMP).24 The most recent AQMP was adopted in 2016 and was jointly prepared with the California Air Resources Board (CARB) and the Southern California Association of Governments (SCAG).25 The AQMP will help the SCAQMD maintain focus on the air quality impacts of major projects associated with goods movement, land use, energy efficiency, and other key areas of growth. Key elements of the 2016 AQMP include enhancements to existing programs to meet the 24-hour PM2.5 Federal health standard and a proposed plan of action to reduce ground-level ozone. The primary criteria pollutants that remain non-attainment in the local area include PM2.5 and Ozone. Specific criteria for determining a project’s conformity with the AQMP is defined in Section 12.3 of the SCAQMD’s CEQA Air Quality Handbook. The Air Quality Handbook refers to the following criteria as a means to determine a project’s conformity with the AQMP:26 23 South Coast Air Quality Management District, Final 2016 Air Quality Plan, Adopted March 2017. 24 Ibid. 25 Ibid. 26 South Coast Air Quality Management District. CEQA Air Quality Handbook. April 1993. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 41 ● Consistency Criteria 1 refers to a proposed project’s potential for resulting in an increase in the frequency or severity of an existing air quality violation or its potential for contributing to the continuation of an existing air quality violation. ● Consistency Criteria 2 refers to a proposed project’s potential for exceeding the assumptions included in the AQMP or other regional growth projections relevant to the AQMP’s implementation.27 In terms of Criteria 1, the proposed project’s long-term (operational) airborne emissions will be below levels that the SCAQMD considers to be a significant adverse impact (refer to the analysis included in the next section where the long-term stationary and mobile emissions for the proposed project are summarized in Tables 3-1 and 3-2). The proposed project will also conform to Consistency Criteria 2 since it will not significantly affect any regional population, housing, and employment projections prepared for the City of Vernon. Projects that are consistent with the projections of employment and population forecasts identified in the Regional Comprehensive Plan (RCP) prepared by the Southern California Association of Governments (SCAG) are considered consistent with the AQMP growth projections, since the RCP forms the basis of the land use and transportation control portions of the AQMP. According to the Growth Forecast Appendix prepared by SCAG for the 2016-2040 Regional Transportation Plan (RTP), the City of Vernon is projected to add a total of 2,900 jobs through the year 2040.28 A total of 108 people new jobs will be created by the proposed project (refer to Section 2.4.2 for a breakdown of the project’s future employment). The number of jobs that will be created by the proposed project are well within the employment projections generated by SCAG for the City of Vernon. As a result, no impacts are anticipated. B. Would the project violate any air quality standard or contribute substantially to an existing or projected air quality violation? ● Less than Significant Impact. The proposed project’s construction period is expected to last for approximately 13 months (refer to Section 2.4.2) and would include the demolition of the existing on-site improvements, site preparation, erection of the three new commercial buildings, and the finishing of the project (paving, painting, and installation of landscaping). The analysis of daily construction and operational emissions was prepared utilizing the California Emissions Estimator Model (CalEEMod V.2013.2.2). The assumptions regarding the construction phases and the length of construction followed those identified herein in Section 2.4.2. As shown in Table 3-1, daily construction emissions are not anticipated to exceed the SCAQMD significance thresholds. 27 South Coast Air Quality Management District. CEQA Air Quality Handbook. April 1993. 28 Southern California Association of Governments. Growth Forecast. Regional Transportation Plan 2016-2040. Adopted on April 7, 2016. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 42 Table 3-1 Estimated Daily Construction Emissions Construction Phase ROG NO2 CO SO2 PM10 PM2.5 Demolition (on-site) 2.39 23.50 19.69 0.02 4.49 1.75 Demolition (off-site) 0.27 3.41 3.31 0.01 0.45 0.16 Total Demolition 2.66 26.91 23.00 0.03 4.94 1.91 Site Preparation (on-site) 2.19 24.57 15.35 0.02 1.39 1.10 Site Preparation (off-site) 0.02 0.03 0.42 -- 0.09 0.02 Total Site Preparation 2.21 24.58 15.77 0.02 1.48 1.12 Grading (on-site) 2.37 24.60 17.71 0.02 7.49 4.55 Grading (off-site) 0.03 0.04 0.53 -- 0.11 0.03 Total Grading 2.40 24.64 18.24 0.02 7.60 4.58 Building Construction (on-site) 2.90 20.56 15.66 0.02 1.25 1.19 Building Construction (off-site) 0.24 1.31 3.45 -- 0.54 0.16 Total Building Construction 3.14 21.87 19.11 0.02 1.79 1.35 Building Construction (on-site) 2019 2.54 18.78 15.20 0.02 1.08 1.03 Building Construction (off-site) 2019 0.22 1.21 3.23 -- 0.54 0.16 Total Building Construction 2019 2.78 19.99 18.43 0.02 1.62 1.19 Paving (on-site) 1.41 12.41 11.70 0.01 0.72 0.66 Paving (off-site) 0.04 0.05 0.73 -- 0.16 0.04 Total Paving 1.45 12.46 12.43 0.01 0.88 0.70 Architectural Coatings (on-site) 18.20 1.83 1.84 -- 0.12 0.12 Architectural Coatings (off-site) 0.02 0.03 0.39 -- 0.09 0.02 Total Architectural Coatings 18.22 1.86 2.23 -- 0.21 0.14 Maximum Daily Emissions 18.22 26.91 23.01 0.03 7.60 4.58 Daily Thresholds 75 100 55o 150 150 55 Source: CalEEMod V.2013. 2.2. Since the project area is located in a non-attainment area for ozone and particulates, the project contractors will be required to adhere to all pertinent regulations outlined in SCAQMD Rule 403 governing fugitive dust emissions. These regulations are standard conditions for every construction project undertaken in the City. The long-term air quality impacts associated with the proposed project include mobile emissions from vehicular traffic; on-site stationary emissions related to the operation of machinery; and off-site stationary emissions associated with the off-site generation of energy (natural gas and electrical). The analysis of long-term operational impacts summarized in Table 3-2, also used the CalEEMod computer model developed for the SCAQMD. The analysis summarized in Table 3-2 indicates the operational (long-term) emissions will be below the SCAQMD's daily emissions thresholds. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 43 Table 3-2 Estimated Operational Emissions in lbs/day Emission Source ROG NO2 CO SO2 PM10 PM2.5 Area-wide (lbs/day) 2.14 -- 0.01 -- -- -- Energy (lbs/day) 0.02 0.19 0.16 -- 0.01 0.01 Mobile (lbs/day) 8.06 13.94 62.73 0.15 10.25 2.88 Total (lbs/day) 10.23 14.14 62.91 0.15 10.27 2.89 Daily Thresholds 55 55 55o 15o 15o 55 Source: CalEEMod V.2013.2.2 The project’s implementation will also involve the elimination of the existing uses that generate truck traffic. As indicated in Table 3-2, the projected long-term emissions are below thresholds considered to represent a significant adverse impact. Adherence to the standard AQMD regulations for reducing fugitive dust will minimize potential impacts to levels that are less than significant. C. Would the project result in a cumulatively considerable net increase of any criteria pollutant for which the project region is in non-attainment under an applicable Federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? ● Less than Significant Impact. The project will not result in a cumulative increase of any criteria pollutant because there are no active projects located in the immediate area. The proposed project will only introduce minor localized emissions. In addition, the proposed project’s implementation will result in long-term stationary and mobile emissions that will be below the SCAQMD’s daily levels of significance. As a result, the cumulative air quality impacts are less than significant. D. Would the project expose sensitive receptors to substantial pollutant concentrations? ● Less than Significant Impact. Sensitive receptors refer to land uses and/or activities that are especially sensitive to poor air quality and typically include homes, schools, playgrounds, hospitals, convalescent homes, and other facilities where children or the elderly may congregate.29 The project site is surrounded by industrial uses which are not considered to be sensitive receptors. The nearest sensitive land uses in the area include the single-family residential units located 866 feet to the southwest of the project site along the south side of Belgrave Avenue. The location and extent of the aforementioned sensitive receptors is shown in Exhibit 3-1. The SCAQMD is requesting that local governments indicate whether a proposed project will impact a sensitive receptor resulting in an exceedance of localized emissions thresholds or LSTs. LSTs only apply to short- term (construction) and long-term (operational) emissions at a fixed location and do not include off-site or area-wide emissions. The approach used in the analysis of the proposed project utilized a number of screening tables that identified maximum allowable emissions (in pounds per day) at a specified distance to a receptor. The use of the “look-up tables” is permitted since each of the construction phases will involve the disturbance of less than five acres of land area. As indicated in Table 3-3, the proposed project 29 South Coast Air Quality Management District. CEQA Air Quality Handbook, Appendix 9. 2004 (as amended). CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 44 will not exceed any LSTs based on the information included in the Mass Rate LST Look-up Tables provided by the SCAQMD. For purposes of the LST analysis, the receptor distance used was 500 meters. As indicated in Table 3-3, the proposed project’s operational emissions are not anticipated to exceed thresholds of significance outlined by the SCAQMD. As a result, the potential impacts are considered to be less than significant. Table 3-3 Local Significance Thresholds Exceedance SRA 1 for 5-acre sites (the site is 2.92 acres) Emissions Project Emissions* (lbs/day) Type Allowable Emissions Threshold (lbs/day) and a Specified Distance from Receptor (in meters) 25 5o 100 200 500 NO2 18.22 Construction 158 157 165 173 212 NO2 14.14 Operations 158 157 165 173 212 CO 23.01 Construction 1,861 2,331 3,030 4,547 10,666 CO 62.91 Operations 1,861 2,331 3,030 4,547 10,666 PM10 10.27 Operations 4 12 17 26 53 PM10 7.60 Construction 16 50 69 107 219 PM2.5 2.89 Operations 2 3 5 9 31 PM2.5 4.58 Construction 8 11 18 36 126 Source: CalEEMod V.2013.2.2 E. Would the project create objectionable odors affecting a substantial number of people? ● No Impact. The SCAQMD has identified land uses that are typically associated with odor complaints. These uses include activities involving livestock, rendering facilities, food processing plants, chemical plants, composting activities, refineries, landfills, and businesses involved in fiberglass molding.30 The proposed project will be involved in general retail and restaurant uses. Given the nature of the intended use, no impacts related to odors are anticipated with the proposed project. 3.3.3 CUMULATIVE IMPACTS The proposed project’s implementation would not result in any new exceedance of air pollution standards nor contribute significantly to an existing air quality violation. Furthermore, the analysis determined that the implementation of the proposed project would not result in any significant adverse air quality impacts. As a result, no significant cumulative impacts will occur. 3.3.4 MITIGATION MEASURES The proposed project’s air quality impacts are not considered to be a significant adverse impact. As a result, no mitigation is required. 30 South Coast Air Quality Management District. CEQA Air Quality Handbook, Appendix 9. 2004 (as amended). CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.3 ● AIR QUALITY IMPACTS PAGE 45 EXHIBIT 3-1 NEAREST SENSITIVE RECEPTORS MAP Source: Quantum GIS Sensitive Receptors Non-Sensitive Receptors Non-Residential Sensitive Receptors Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.4 ● BIOLOGICAL RESOURCES IMPACTS PAGE 46 3.4 BIOLOGICAL RESOURCES IMPACTS 3.4.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on biological resources if it results in any of the following: ● A substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or the U.S. Fish and Wildlife Service; ● A substantial adverse effect on any riparian habitat or other sensitive natural plant community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service; ● A substantial adverse effect on Federally protected wetlands as defined by Section 404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means; ● A substantial interference with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory life corridors, or impede the use of native wildlife nursery sites; ● A conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; or, ● A conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. 3.4.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ● No Impact. A review of the California Department of Fish and Wildlife California Natural Biodiversity Database (CNDDB) Bios Viewer for the South Gate Quadrangle indicated that there are seven threatened or endangered species located within the South Gate Quadrangle (the project site is located within the South Gate Quadrangle).31 These species include: ● The Coastal California gnatcatcher is not likely to be found on-site due to the existing development and the lack of habitat suitable for the California gnatcatcher. 31 California Department of Fish and Wildlife. Bios Viewer. https://map.dfg.ca.gov/bios/?tool=cnddbQuick CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.4 ● BIOLOGICAL RESOURCES IMPACTS PAGE 47 ● The least Bell’s vireo lives in a riparian habitat, with a majority of the species living in San Diego County. This species will not be present due to the lack of suitable habitat. ● The willow flycatcher’s habitat consists of marsh, brushy fields, and willow thickets. This species will not be present due to the lack of suitable habitat. ● The western yellow-billed cuckoo is an insect eating bird found in riparian woodland habitats. This species will not be present due to the lack of suitable habitat. ● California Orcutt grass is found near vernal pools throughout Los Angeles, Riverside, and San Diego counties. This species will not be present due to the lack of suitable habitat. The proposed project will not impact the aforementioned species because the project site is located in the midst of an urban area and there is no suitable riparian or natural habitat located within, or in the vicinity of, the project site. As a result, no impacts on any candidate, sensitive, or special status species will result from proposed project’s implementation. B. Would the project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? ● No Impact. The field survey that was conducted for the property indicated that there are no wetlands or riparian habitat present on-site or in the surrounding areas. This conclusion is also supported by a review of the U.S. Fish and Wildlife Service National Wetlands Inventory, Wetlands Mapper. In addition, there are no designated “blue line streams” located within the project site. As a result, no impacts on natural or riparian habitats will result from the proposed project’s implementation. C. Would the project have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ● No Impact. As indicated in the previous subsection, the project site and adjacent developed properties do not contain any natural wetland and/or riparian habitat.32 The project site is located in the midst of an industrial area. As a result, the proposed project will not impact any protected wetland area or designated blue-line stream and no impacts will occur. D. Would the project interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory life corridors, or impede the use of native wildlife nursery sites? ● No Impact. The project site is currently developed. As a result, no native vegetation or natural open space areas remain. Furthermore, the site contains no natural hydrological features. Constant disturbance (noise and vibration) from vehicular traffic travelling along the adjacent roadways also limits the site’s utility as a 32 U.S. Fish and Wildlife Service. Wetlands Mapper. http://www.fws.gov/Wetlands/data/Mapper.html CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.4 ● BIOLOGICAL RESOURCES IMPACTS PAGE 48 migration corridor. Since the site is surrounded by industrial uses and lacks suitable habitat, the site’s ability to function as a migration corridor is restricted and no impacts will result from the implementation of the proposed project. E. Would the project conflict with any local policies or ordinances, protecting biological resources, such as a tree preservation policy or ordinance? ● No Impact. The City of Vernon does not have a tree preservation ordinance.33 The project’s implementation will require the removal of nine trees (seven palm trees) on-site and two trees within the public right-of-way. The Applicant proposes to add 9,617 square feet of landscaping throughout the site. A majority of the landscaping will be planted along the site’s western and southern boundaries. In addition, this landscaping will consist of drought tolerant species. As a result, no impacts will occur. F. Would the project conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? ● No Impact. The Los Angeles River is currently the focus of a revitalization effort lead by the City of Los Angeles. The City of Los Angeles intends to focus on the 32-mile portion of the river that flows from Owensmouth Avenue, located in the San Fernando Valley, to the northern border of the City of Vernon.34 The portion of the river that flows parallel to the eastern boundary of Vernon will thus be unaffected. The proposed project will be restricted to the project site and will not impact the revitalization efforts undertaken for the Los Angeles River. As a result, no impacts are anticipated to occur with the implementation of the proposed project. 3.4.3 CUMULATIVE IMPACTS The impacts on biological resources are typically site specific. The proposed project would not involve any loss of protected habitat. As a result, no cumulative impacts on biological resources will be associated with the proposed project’s implementation. 3.4.4 MITIGATION MEASURES The analysis indicated that the implementation of the proposed project would not result in any significant adverse impacts on biological resources. As a result, no mitigation measures are required. 33 City of Vernon. Zoning Comprehensive Zoning Ordinance. Site accessed January 9, 2017. 34 City of Los Angeles. Notice of Preparation/Notice of Intent for The EIR/Environmental Impact Statement for the Los Angeles River Revitalization Master Plan. March 30, 2006. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.5 ● CULTURAL RESOURCES IMPACTS PAGE 49 3.5 CULTURAL RESOURCES IMPACTS 3.5.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project will normally have a significant adverse impact on cultural resources if it results in any of the following: ● A substantial adverse change in the significance of a historical resource as defined in §15064.5 of the State CEQA Guidelines; ● A substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the State CEQA Guidelines; ● The destruction of a unique paleontological resource, site, or unique geologic feature; or, ● The disturbance of any human remains, including those interred outside of dedicated cemeteries. 3.5.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project cause a substantial adverse change in the significance of a historical resource as defined in §15064.5 of the State CEQA Guidelines? ● No Impact. Historic structures and sites are defined by local, State, and Federal criteria. A site or structure may be historically significant if it is locally protected through a local general plan or historic preservation ordinance. A site or structure may be historically significant according to State or Federal criteria even if the locality does not recognize such significance. The State, through the State Historic Preservation Office (SHPO), maintains an inventory of those sites and structures that are considered to be historically significant. Finally, the U.S. Department of Interior has established specific Federal guidelines and criteria that indicate the manner in which a site, structure, or district is to be defined as having historic significance and in the determination of its eligibility for listing on the National Register of Historic Places.35 To be considered eligible for the National Register, a property’s significance may be determined if the property is associated with events, activities, or developments that were important in the past, with the lives of people who were important in the past, or represents significant architectural, landscape, or engineering elements.36 The project site is presently occupied by four industrial buildings. None of the structures that are present on-site are included on a list of historic resources compiled by the National Park Service.37 In addition, the project site is not present on the list of historic resources identified by the California Office of Historic Preservation.38 The City’s General Plan identifies the Farmer John mural as a notable landmark. The project will be restricted to the site and will not damage or alter the Farmer John 35 U.S. Department of the Interior, National Park Service. National Register of Historic Places. http://nrhp.focus.nps.gov. 2010. 36 Ibid. 37 National Park Service. National Register of Historic Places. Website http://npgallery.nps.gov/nrhp/SearchResults/ . Website accessed January 9, 2017. 38 California Department of Parks and Recreation. California Historical Resources. Website http:// ohp.parks.ca.gov/ ListedResources. Website accessed in January 9, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.5 ● CULTURAL RESOURCES IMPACTS PAGE 50 mural. Since the project’s implementation will not impact any Federal, State, or locally designated historic resources, no impacts will occur. B. Would the project cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5 of the State CEQA Guidelines? ● Less than Significant Impact with Mitigation. The greater Los Angeles Basin was previously inhabited by the Gabrieleño-Kizh people, named after the San Gabriel Mission.39 The Gabrieleño tribe has lived in this region for around 7,000 years.40 Prior to Spanish contact, approximately 5,000 Gabrieleño people lived in villages throughout the Los Angeles Basin.41 Villages were typically located near major rivers such as the San Gabriel, Rio Hondo, or Los Angeles Rivers. Three early villages were located in the vicinity of Vernon: Apachianga, Isantcangna, and Tsungna. Indian gathering activities were most likely concentrated along the Los Angeles and Rio Hondo River channels. Another post contact Indian village site, referred to as La Jaboneria (the soap factory), was known to have existed on the east bank of the Rio Hondo River in an area located south of Telegraph Road. Formal Native American consultation was provided in accordance with AB-52. The tribal representative of the Gabrielino-Kizh indicated that the project site is situated in an area of high archaeological significance. As part of future grading and excavation activities, the potential for discovering archaeological resources cannot be completely discounted. For this reason, the following mitigation measure will be required to address potentially significant impacts. ● The project Applicant will be required to obtain the services of a qualified Native American Monitor during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians, Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, boring, grading, excavation, and trenching, within the project area. The monitor(s) must be approved by the tribal representatives and the City’s Public Works Director. The approved monitor(s) will be present on-site during the construction phases that involve any ground disturbing activities. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for archeological resources. In the unlikely event that remains are uncovered by construction crews and/or the Native American Monitors, all excavation and grading activities shall be halted and the Los Angeles County Sheriff will be contacted (the Department will then contact the County Coroner). Title 14; Chapter 3; Article 5; Section 15064.5 of CEQA will apply in terms of the identification of significant archaeological resources and their salvage. Therefore, the potential impacts are considered to be less than significant. 39 Tongva People of Sunland-Tujunga. Introduction. http://www.lausd.k12.ca.us/Verdugo_HS/classes/multimedia/intro.html 40 Ibid. 41 Rancho Santa Ana Botanical Garden. Tongva Village Site. http://www.rsabg.org/tongva-village-site-1 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.5 ● CULTURAL RESOURCES IMPACTS PAGE 51 C. Would the project directly or indirectly destroy a unique paleontological resource, site or unique geologic feature? ● No Impact. No paleontological resources or geologic features are anticipated to be encountered during the project’s construction phase due to the age of the soil and the limited amount of excavation that will be required to implement the project. The soils that underlie the project site are alluvial in nature. Alluvial deposits are typically quaternary in age (from two million years ago to the present day) and span the two most recent geologic epochs, the Pleistocene and the Holocene.42 As a result, no impacts to paleontological resources will occur. D. Would the project disturb any human remains, including those interred outside of formally dedicated cemeteries? ● No Impact. There are no cemeteries located in the immediate area of the project site. The nearest cemetery to the project site is the Odd Fellows Cemetery. This cemetery is located at 3640 Whittier Boulevard approximately 2.40 miles northeast of the project site.43 The proposed project will be restricted to the designated project site and will not affect the aforementioned cemetery. In the unlikely event that remains are uncovered by construction crews and/or the Native American Monitors, all excavation/grading activities shall be halted and the Los Angeles County Sheriff’s Department will be contacted (the Department will then contact the County Coroner). Title 14; Chapter 3; Article 5; Section 15064.5 of CEQA will apply in terms of the identification of significant archaeological resources and their salvage. Adherence to the mitigation provided in Subsection 3.5.2.B will reduce potential impacts to levels that are less than significant. As a result, no impacts are anticipated. 3.5.3 CUMULATIVE IMPACTS The potential environmental impacts related to cultural resources are site specific. Furthermore, the analysis herein also determined that the implementation of the proposed project would not result in any impacts on cultural resources. As a result, no cumulative impacts will occur as part of the implementation of the proposed project. 3.5.4 MITIGATION MEASURES The following mitigation is required based on the AB-52 consultation with the Gabrieleño-Kizh Nation: Mitigation Measure No. 3 (Cultural Resources Impacts). The project Applicant will be required to obtain the services of a qualified Native American Monitor during construction-related ground disturbance activities. Ground disturbance is defined by the Tribal Representatives from the Gabrieleño Band of Mission Indians, Kizh Nation as activities that include, but are not limited to, pavement removal, pot-holing or auguring, boring, grading, excavation, and trenching, within the project area. The monitor(s) must be approved by the tribal representatives and the City’s Public Works Director. The approved monitor(s) will be present on-site during the construction phases that 42 United States Geological Survey. What is the Quaternary? http://geomaps.wr.usgs.gov/sfgeo/quaternary/stories/what_is.html 43 Google Earth. Website accessed January 9, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.5 ● CULTURAL RESOURCES IMPACTS PAGE 52 involve any ground disturbing activities. The on-site monitoring shall end when the project site grading and excavation activities are completed, or when the monitor has indicated that the site has a low potential for archeological resources. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 53 3.6 GEOLOGY & SOILS IMPACTS 3.6.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on the environment if it results in the following: ● The exposure of people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault (as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault), ground-shaking, liquefaction, or landslides; ● Substantial soil erosion resulting in the loss of topsoil; ● The exposure of people or structures to potential substantial adverse effects, including location on a geologic unit or a soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse; ● Locating a project on an expansive soil, as defined in the California Building Code (2010), creating substantial risks to life or property; or, ● Locating a project in, or exposing people to potential impacts, including soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater. 3.6.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault (as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault), ground–shaking, liquefaction, or landslides? ● Less than Significant Impact. The City of Vernon is located in a seismically active region (refer to Exhibit 3-2). Many major and minor local faults traverse the entire Southern California region, posing a threat to millions of residents including those who reside in the City. Earthquakes from several active and potentially active faults in the Southern California region could affect the proposed project site. In 1972, the Alquist-Priolo Earthquake Zoning Act was passed in response to the damage sustained in the 1971 San Fernando Earthquake.44 44 California Department of Conservation. What is the Alquist-Priolo Act http://www.conservation.ca.gov /cgs/rghm/ap/ Pages/main.aspx CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 54 EXHIBIT 3-2 REGIONAL FAULT MAP Source: United States Geological Survey Vernon CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 55 The Alquist-Priolo Earthquake Fault Zoning Act's main purpose is to prevent the construction of buildings used for human occupancy on the surface trace of active faults.45 The City of Vernon is not located within an area containing an Alquist-Priolo Special Studies Zone; therefore, the risk from potential fault rupture is considered low.46 There are a number of known faults within close proximity to the City. These nearby faults include the Newport-Inglewood Fault Zone, the Whittier-Elsinore Fault, the Norwalk Fault, and the Elysian Park Fault.47 The major faults in the region are illustrated in Exhibit 3-2. Even though Vernon is not on the list, there are a number of known faults within close proximity to the City. The closest known fault is the Compton Fault, which is located approximately six miles southwest of the project site along El Segundo Boulevard.48 This fault is part of the larger Newport-Inglewood Alquist-Priolo special studies zone. The potential impacts in regards to ground shaking and fault rupture are less than significant since the risk is no greater in and around the project site than for the rest of the area. The project site is located in an area that is at an elevated risk for liquefaction (refer to Exhibit 3-3). According to the United States Geological Survey, liquefaction is the process by which water-saturated sediment temporarily loses strength and acts as a fluid. Essentially, liquefaction is the process by which the ground soil loses strength due to an increase in water pressure following seismic activity. The risk of liquefaction is no greater for the project site than the rest of the area. In addition, compliance with the most recent State and Local building codes will minimize potential impacts related to liquefaction. Lastly, the project site is not at risk for landslides (refer Exhibit 3-3). The project site is at no greater risk for ground shaking, fault rupture, and liquefaction than the rest of the area. Therefore, the impacts are expected to be less than significant. B. Would the project expose people or structures to potential substantial adverse effects, including substantial soil erosion or the loss of topsoil? ● Less than Significant Impact. According to the soil maps prepared for Los Angeles County by the United States Department of Agriculture, the project site is underlain with soils of the Tujunga-Soboba association. Tujunga-Soboba soils are excessively drained and are over 60 inches deep with high water permeability. However, soils of the Tujunga Soboba Association have a moderate to high wind erosion risk. However, construction activities and the placement of “permanent vegetative cover” will reduce the soil’s erosion risk.49 In addition, Tujunga-Soboba soils are described as being used almost exclusively for urban development, as evident by the current level of development present within the surrounding areas. As a result, the potential impacts are considered to be less than significant. 45 California Department of Conservation. What is the Alquist-Priolo Act http://www.conservation.ca.gov /cgs/rghm/ap/ Pages/main.aspx. 46 California Department of Conservation. Table 4, Cities and Counties Affected by Alquist Priolo Earthquake Fault Zones as of January 2010. http://www.conservation.ca.gov/cgs/rghm/ap/Pages/affected.aspx 47 United States Geological Survey, Evaluating Earthquake Hazards in the Los Angeles Region-An Earth Science Perspective (USGS Professional Paper 1360), 1981. 48 California Department of Conservation. South Gate Quadrangle Topographic Map. Additional source: Google Earth. Websites accessed January 9, 2017. 49 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 56 EXHIBIT 3-3 LIQUEFACTION POTENTIAL Source: California Geological Survey Potential Liquefaction Risk Project Site CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 57 C. Would the project expose people or structures to potential substantial adverse effects, including location on a geologic unit or a soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction, or collapse? ● Less than Significant Impact. As stated in the previous subsection, the soils that underlie the project site belong to the Tujunga-Soboba association. The surrounding area is relatively level and is at no risk for landslides (refer to Exhibit 3-3). Lateral spreading is a phenomenon that is characterized by the horizontal, or lateral, movement of the ground. Lateral spreading could be liquefaction induced or can be the result of excess moisture within the underlying soils. Liquefaction induced lateral spreading will not affect the proposed retail development since the three buildings will be constructed with the strict adherence to the most pertinent State and City building codes. Therefore, lateral spreading caused by liquefaction will not affect the project. The Tujunga-Soboba soils are not prone to shrinking and swelling (refer to Section 3.6.2.D). Soils that are prone to shrinking and swelling become sticky when wet and expand according to the moisture content present at the time. Since the underlying soils are not prone to shrinking and swelling, a possible influx of groundwater will not trigger lateral spreading. In addition, the project site is not prone to subsidence. Subsidence occurs via soil shrinkage and is triggered by a significant reduction in an underlying groundwater table, thus causing the earth on top to sink.50 The soils that underlie the project site are not prone to shrinking and swelling (refer to section 3.6.D), thus no impacts related to unstable soils and subsidence are expected. Grading and other construction activities are not expected to reach the depths required to encounter groundwater. In addition, the project will be required to be connected to the City’s water lines; therefore, the project’s operation will not utilize or affect groundwater supplies present below the site. The project site is located in an area that is subject to liquefaction; however, since the surrounding areas and cities are located in a liquefaction zone, the effects will be less than significant with conformance with the most stringent building standards. D. Would the project result in or expose people to potential impacts, including location on an expansive soil, as defined in Uniform Building Code (2010) creating substantial risks to life or property? ● No Impact. The soils that underlie the project site are not prone to shrinking and swelling. Shrinking and swelling is influenced by the amount of clay present in the underlying soils.51 According to the United States Department of Agriculture, clay is not present in the composition of Tujunga-Soboba Soils Association.52 As a result, no impacts related to expansive soils are anticipated. 50 Subsidence Support. What Causes House Subsidence? http://www.subsidencesupport.co.uk/what-causes-subsidence.htm 51 Natural Resources Conservation Service Arizona. Soil Properties Shrink/Swell Potential. http://www.nrcs.usda.gov/wps/portal/nrcs /detailfull/az/soils/?cid=nrcs144p2_065083 52 United States Department of Agriculture Soil Conservation Service. Report and General Soil Map Los Angeles County, California. Revised 1969. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.6 ● GEOLOGY & SOILS IMPACTS PAGE 58 E. Would the project result in or expose people to potential impacts, including soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ● No Impact. No septic tanks will be used as part of the proposed development. The new buildings will be connected to the sanitary sewer system. As a result, no impacts associated with the use of septic tanks will occur as part of the proposed project’s implementation. 3.6.3 CUMULATIVE IMPACTS The potential cumulative impacts related to earth and geology is site specific. Furthermore, the analysis herein determined that the implementation of the proposed project would not result in significant adverse impacts related to landform modification, grading, or the destruction of a geologically significant landform or feature. As a result, no cumulative earth and geology impacts will occur as part of the proposed project’s implementation. 3.6.4 MITIGATION MEASURES The analysis determined that the proposed project would not result in any significant adverse impacts related to geology and soils. As a result, no mitigation measures are required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 59 3.7 GREENHOUSE GAS EMISSIONS IMPACTS 3.7.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on greenhouse gas emissions if it results in any of the following: ● The generation of greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment; and, ● The potential for conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of greenhouse gases. 3.7.2 ENVIRONMENTAL ANALYSIS A. Would the project generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ● Less than Significant Impact. The State of California requires CEQA documents to include an evaluation of greenhouse gas (GHG) emissions or gases that trap heat in the atmosphere. GHG are emitted by both natural processes and human activities. Examples of GHG that are produced both by natural and industrial processes include carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O). The accumulation of GHG in the atmosphere regulates the earth's temperature. Without these natural GHG, the Earth's surface would be about 61°F cooler. However, emissions from fossil fuel combustion have elevated the concentrations of GHG in the atmosphere to above natural levels.53 The SCAQMD has established a number of CEQA thresholds for significant GHG thresholds though only one for industrial development is a quantified threshold. This single quantified threshold is 10,000 metric tons of CO2E (MTCO2E) per year for industrial projects. Table 3-4 summarizes annual greenhouse gas emissions from build-out of the proposed project. As indicated in Table 3-4, the CO2E total for the project is 12,291.23 pounds per day or 5.57 MTCO2E per day. This translates into a generation of approximately 2,033 MTCO2E per year, which is below the threshold of 10,000 MTCO2E for industrial projects. The project’s operational GHG emissions were calculated using the CalEEMod V.2013.2.2. The GHG emissions estimates reflect what a “fast-food restaurant with drive-thru” building and strip mall of the same location and description would generate once fully operational. The type of activities that may be undertaken once the building is occupied have been predicted and accounted for in the model for the selected land use type. 53 California, State of. OPR Technical Advisory – CEQA and Climate Change: Addressing Climate Change through the California Environmental Quality Act (CEQA) Review. June 19, 2008. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 60 Table 3-4 Greenhouse Gas Emissions Inventory Source GHG Emissions (Lbs/Day) CO2 CH4 N2O CO2E Construction Phase - Demolition 2,427.21 0.61 -- 2,440.17 Construction Phase - Site Preparation 2,399.35 0.74 -- 2,415.04 Construction Phase – Grading 2,069.3914 0.64 -- 2,082.92 Construction Phase – Construction (2018) 2,317.20 0.49 -- 2,327.66 Construction Phase – Construction (2019) 2,299.78 0.47 -- 2,309.80 Construction Phase - Paving 1,722.22 0.53 -- 1,733.44 Construction Phase – Architectural Coatings 281.44 0.02 -- 281.94 Long-Term – Area Emissions 0.042 -- -- 0.04 Long-Term - Energy Emissions 234.23 -- -- 235.66 Long-Term - Mobile Emissions 12,046.24 0.44 -- 12,055.52 Long-Term - Total Emissions 12,280.52 0.44 -- 12,291.23 Source: CalEEMod. The State of California Office of Planning Research (OPR) identified a number of measures and programs that would be effective in reducing GHG emissions. These programs and measures are identified on the next page in Table 3-5. The proposed project’s conformity with these measures is also summarized in Table 3-5. The great majority of the measures identified will be effective in reducing the overall GHG below the quantities identified previously in Table 3-4. Table 3-5 Project Conformity with GHG Mitigation Identified by the State Office of Planning Research Attorney General’s Recommended Measures Project Applicability/Compliance Land Use & Transportation: Implement land use strategies to encourage jobs/housing proximity, promote transit-oriented development, and encourage high density development along transit corridors. Encourage compact, mixed-use projects, forming urban villages designed to maximize affordable housing and encourage walking, bicycling, and the use of public transit systems. Not Applicable. The program/policy is not applicable to the proposed project. Land Use & Transportation: Encourage infill, redevelopment, and higher density development, whether in incorporated or unincorporated settings. Compliant. The proposed project conforms to this policy/program. Land Use & Transportation: Encourage new developments to integrate housing, civic, and retail amenities (jobs, schools, parks, and shopping opportunities) to help reduce VMT resulting from discretionary automobile trips. Not Applicable. The program/policy is not applicable to the proposed project. Land Use & Transportation: Apply advanced technology systems and management strategies to improve operational efficiency of transportation systems and movement of people, goods, and services. Not Applicable. The program/policy is not applicable to the proposed project. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 61 Table 3-5 (continued) Project Conformity with GHG Mitigation Identified by the State Office of Planning Research Recommended Measures Project Applicability/Compliance Land Use & Transportation: Incorporate features into project design that would accommodate the supply of frequent, reliable, and convenient public transit. Not Applicable. The program/policy is not applicable to the proposed project. Land Use & Transportation: Implement street improvements that are designed to relieve pressure on a region’s most congested roadways and intersections. Not Applicable. The program/policy is not applicable to the proposed project. Land Use & Transportation: Limit idling time for commercial vehicles, including delivery and construction vehicles. Compliant. The proposed project conforms to this policy/program. Urban Forestry: Plant trees and vegetation near structures to shade buildings and reduce energy requirements for heating/cooling. Not Applicable. The program/policy is not applicable to the proposed project. Urban Forestry: Preserve or replace on-site trees (that are removed due to development) as a means of providing carbon storage. Compliant. The proposed project conforms to this policy/program. Energy Conservation Policies & Actions: Execute an Energy Savings Performance Contract with a private entity to retrofit public buildings. This type of contract allows the private entity to fund all energy improvements in exchange for a share of the energy savings over a period of time. Not Applicable. The program/policy is not applicable to the proposed project. Urban Forestry: Encourage public and private construction of LEED (Leadership in Energy and Environmental Design) certified (or equivalent) buildings. Compliant. The proposed project conforms to this policy/program. Energy Conservation Policies & Actions: Recognize and promote energy saving measures beyond Title 24 requirements for residential and commercial projects. Compliant. The proposed project conforms to this policy/program. Energy Conservation Policies & Actions: Where feasible, include in new buildings facilities to support the use of low/zero carbon fueled vehicles, such as the charging of electric vehicles from green electricity sources. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Offer rebates and low-interest loans to residents that make energy-saving improvements on their homes. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Purchase Energy Star equipment and appliances for public agency use. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Incorporate on-site renewable energy production, including installation of photovoltaic cells or other solar options. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Design, build, and operate schools that meet the Collaborative for High Performance Schools (CHPS) best practices. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Retrofit municipal water and wastewater systems with energy efficient motors, pumps and other equipment, and recover wastewater treatment methane for energy production. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Educate the public, schools, other jurisdictions, professional associations, business, and industry about reducing GHG emissions. Not Applicable. The program/policy is not applicable to the proposed project. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 62 Table 3-5 (continued) Project Conformity with GHG Mitigation Identified by the State Office of Planning Research Recommended Measures Project Applicability/Compliance Energy Conservation Policies & Actions: Convert landfill gas into energy sources for use in fueling vehicles, operating equipment, and heating buildings. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Purchase government vehicles and buses that use alternatives fuels or technology, such as electric hybrids, biodiesel, and ethanol. Where feasible, require fleet vehicles to be low emission vehicles. Promote the use of these vehicles in the general community. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Offer government incentives to private businesses for developing buildings with energy and water efficient features and recycled materials. The incentives can include expedited plan checks and reduced permit fees. Not Applicable. The program/policy is not applicable to the proposed project. Energy Conservation Policies & Actions: Create bicycle lanes and walking paths directed to the location of schools, parks, and other destination points. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Offer government employees financial incentives to carpool, use public transportation, or use other modes of travel for daily commutes. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Encourage large businesses to develop commute trip reduction plans that encourage employees who commute alone to consider alternative transportation modes. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Develop shuttle systems around business district parking garages to reduce congestion and create shorter commutes. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Create an online ridesharing program that matches potential carpoolers immediately through email. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce VMTs: Develop a Safe Routes to School program that allows and promotes bicycling and walking to school. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce Solid Waste: Create incentives to increase recycling and reduce generation of solid waste by residential users. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce Solid Waste: Implement a Construction and Demolition Waste Recycling Ordinance to reduce the solid waste created by new development. Not Applicable. The program/policy is not applicable to the proposed project. Programs to Reduce Solid Waste: Add residential/commercial food waste collection to existing green waste collection programs. Not Applicable. The program/policy is not applicable to the proposed project. Source: California Office of Planning and Research, Technical Advisory. June 19, 2008. Given the proposed project’s conformity with six of the applicable programs listed in Table 3-5 and measures identified by the OPR as being effective in reducing GHG emissions, the impacts will be less than significant. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.7 ● GREENHOUSE GAS EMISSIONS IMPACTS PAGE 63 B. Would the project conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing emissions of greenhouse gases? ● Less than Significant Impact with Mitigation. The City’s General Plan does not specifically identify any local GHG emissions polices.54 However, the City adopted a Sustainability Action Plan in 2011 with the goal of promoting green and sustainable development. The Plan identified mitigation measures aimed at reducing the City’s carbon footprint for four key areas. These areas include energy efficiency, transportation and land use planning, water protection and conservation, and the management of waste resources.55 Retail Building 1 will include two short-term bicycle racks that will hold up to four bicycles and one long-term wall mounted bicycle rack; eight clean air/vanpool parking spaces, and seven electric vehicle charging stations. Retail Building 2 will provide a bicycle rack that will hold up to two bicycles, three clean air/vanpool parking spaces, and three electric vehicle charging stations. Lastly, the Quick Serve Restaurant (Building 3) will include a bicycle rack that will have a capacity of two bicycles, three clean air/vanpool parking spaces, and three electric vehicle charging stations.56 Additionally, in order to ensure the further conformance with the Plan, the following mitigation measure is required: ● The Applicant must install ENERGY STAR appliances and lighting. ENERGY STAR rated windows and doors must also be installed. The project Applicant will be required to adhere to all SCAQMD construction regulations. In addition, the project will involve the reuse of an existing urban property and “infill development” and is seen as an important strategy in reducing regional GHG emissions. The potential impacts are considered to be less than significant with the implementation of the aforementioned mitigation measures. 3.7.3 CUMULATIVE IMPACTS The analysis herein determined that the implementation of the proposed project would not result in any significant adverse impacts related to the emissions of GHG with the implementation of the above- mentioned mitigation measures. 3.7.4 MITIGATION MEASURES Implementation of the following mitigation measures will reduce the proposed project’s emission of greenhouse gases: Mitigation Measure No. 4 (Greenhouse Gas Emissions Impacts). The Applicant must install ENERGY STAR appliances and lighting. ENERGY STAR rated windows and doors must also be installed. 54 City of Vernon General Plan. Resources Element. Site accessed January 9, 2017. 55 City of Vernon Health and Environmental Control Department. City of Vernon Sustainability Acton Plan. Plan dated 2011. 56 Michael Caley Architects. Site Plan. May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 64 3.8 HAZARDS & HAZARDOUS MATERIALS IMPACTS 3.8.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on risk of upset and human health if it results in any of the following: ● The creation of a significant hazard to the public or the environment through the routine transport, use or disposal of hazardous materials; ● The creation of a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; ● The generation of hazardous emissions or the handling of hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school; ● Locating the project on a site that is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5 resulting in a significant hazard to the public or the environment; ● Locating the project within an area governed by an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or a public use airport; ● Locating the project in the vicinity of a private airstrip that would result in a safety hazard for people residing or working in the project area; ● The impairment of the implementation of, or physical interference with, an adopted emergency response plan or emergency evacuation plan; or, ● The exposure of people or structures to a significant risk of loss, injury, or death involving wild land fire, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands. 3.8.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ● Less than Significant Impact. The project site is not located on the California Department of Toxic Substances Control’s Hazardous Waste and Substances (Cortese) database.57 In addition, the project site is not identified on any Leaking Underground Storage Tank database (LUST). The United States Environmental Protection Agency’s multi-system search was consulted to determine whether the project site is identified on any Federal Brownfield list; Federal Comprehensive Environmental Response, Compensation and Liability 57 CalEPA. Cortese List Data Resources. http://www.calepa.ca.gov/sitecleanup/corteselist/ CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 65 Information System (CERCLIS) List; Federal Resource Conservation and Recovery Act (RCRA) Treatment, Storage, and Disposal (TSD) Facilities List; and/or Federal RCRA Generators List. The project site is also included in the RCRA database for the former tenant Chemclear of Los Angeles, Inc.; however, the parcel (3165 East Slauson Avenue) was issued a No Further Action (NFA) letter and no additional action is required.58 The No Further Action Letter was issued on January 11, 2012. According to the letter, the soil contamination remaining on-site from total petroleum hydrocarbons and certain volatile organic compounds (VOCs) such as benzene will not affect groundwater or present a risk to future employees above ground. Nevertheless, these aforementioned contaminants are present in depths between 25 to 40 feet. As a result, any demolition or construction that extends below ground surface must be preceded by a work plan which must be submitted to the City’s Department of Health and Environmental Control.59 As a result, the project’s construction would not require the removal, handling, transportation, and disposal of contaminated soil or any USTs. Conversely, lead based paint and asbestos containing materials may be present in the flooring, walls, roof materials, dry wall, etc due to the ages of the buildings present on-site. The Applicant, and the contractors, must adhere to all requirements governing the handling, removal, and disposal of asbestos-containing materials, lead paint, underground septic tanks, and other hazardous substances and materials that may be encountered during demolition and land clearance activities. Any contamination encountered during the demolition, grading, and/or site preparation activities must also be removed and disposed of in accordance with applicable laws before the City issues any building permit. As a result, the potential impacts related to the project’s construction are considered to be less than significant. The proposed project consists of two retail buildings and a quick service restaurant. Due to the nature of the proposed project (retail and a quick service restaurant), no hazardous materials beyond what is typically used in a household setting will be used once the project is occupied. As stated in Section 2.4, an alternative use for Retail Building 2 is also proposed. The Applicant wants the option to dedicate Retail Building 2 as a medical office. Therefore, if the medical office alternative is selected, the project’s future tenant will need to comply with all standards set forth by the California Department of Public Health in the January 2015 edition of the Medical Waste Management Act (California Health and Safety Code Sections 117600-118360) since the project is considered to be a “Medical Waste Generator.”60 According to the State’s Medical Waste Management Act: “Medical waste” means any biohazardous, pathology, pharmaceutical, or trace chemotherapy waste not regulated by the federal Resource Conservation and Recovery Act of 1976 (Public Law 94-580), as amended; sharps and trace chemotherapy wastes generated in a health care setting in the diagnosis, treatment, immunization, or care of humans or animals; waste generated in autopsy or necropsy; waste generated during preparation of a body for final disposition such as 58 United States Environmental Protection Agency. Environfacts-Multisystem Search. http://www.envirostor.dtsc.ca.gov/public/profile_report.asp?global_id=80001484 59 SCS Engineers. No Further Action Letter for 5816 and 5820 South Boyle Avenue in Vernon California. Letter dated January 11, 2012. 60 Section 117705-Medical Waste Generator subsection A defines Medical Waste Generators as “Medical and dental offices, clinics, hospitals, surgery centers, laboratories, research laboratories, unlicensed health facilities, those facilities required to be licensed pursuant to Division 2 (commencing with Section 1200), chronic dialysis clinics, as regulated pursuant to Division 2 (commencing with Section 1200), and education and research facilities.” CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 66 cremation or interment; waste generated in research pertaining to the production or testing of microbiologicals; waste generated in research using human or animal pathogens; sharps and laboratory waste that poses a potential risk of infection to humans generated in the inoculation of animals in commercial farming operations; waste generated from the consolidation of home- generated sharps; and waste generated in the cleanup of trauma scenes. Biohazardous, pathology, pharmaceutical, sharps, and trace chemotherapy wastes that meet the conditions of this section are not subject to any of the hazardous waste requirements found in Chapter 6.5 (commencing with Section 25100) of Division 20.”61 Medical waste will be generated from the examination rooms. Soiled waste, bed sheets, gowns, and other clothing will be disposed of into properly designated storage rooms. The potential tenant will be required to prepare a Medical Waste Management Plan pursuant to Sections 117935 or 117960 of the California Health and Safety Code.62 The preparation of the Medical Waste Management Plan will reduce potential impacts to levels that are less than significant. B. Would the project create a significant hazard to the public or the environment, or result in reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ● Less than Significant Impact. Due to the nature of the proposed project, the use of any hazardous materials will be limited to those that are commercially available and typically used in a household setting. Additionally, all older building materials containing ACM/LBP will be removed by a certified abatement contractor. The project’s implementation will not require the removal, handling, transport, or disposal of contaminated soils. Should the option of a medical clinic be pursued, the potential tenant will be required to prepare a Medical Waste Management Plan pursuant to Sections 117935 or 117960 of the California Health and Safety Code.63 The preparation of the Medical Waste Management Plan will reduce potential impacts to levels that are less than significant. C. Would the project emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ● Less than Significant Impact. The project site is not located within one-quarter of a mile from a school. The nearest school is Huntington Park High School, located 0.35 miles to the southwest. Because of the nature of the proposed use (a quick service restaurant and general retail uses), no hazardous or acutely hazardous materials will be emitted that may affect a sensitive receptor. As a result, no impacts from the operation of the future uses are anticipated. The project will involve the grading of the site and the removal of the existing on-site improvements. During these activities, lead and/or asbestos containing materials may be encountered though the handling, removal, and disposal are governed by State regulations. No additional mitigation is required and the impacts will be less than significant. 61 California Department of Public Health Medical Waste Management Program. Medical Waste Management Act, Chapter 2-Definitions, Section 117690 Medical Waste. January 2017. 62 Ibid. 63 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 67 D. Would the project be located on a site, which is included on a list of hazardous material sites compiled pursuant to Government Code Section 65962.5, and, as a result, would it create a significant hazard to the public or the environment? ● Less Than Significant Impact with Mitigation. The Cortese List, also referred to as the Hazardous Waste and Substances Sites List or the California Superfund List, is a planning document used by the State and other local agencies to comply with CEQA requirements that require the provision of information regarding the location of hazardous materials release sites. California Government Code section 65962.5 requires the California Environmental Protection Agency to develop and update the Cortese List on annually basis. The list is maintained as part of the DTSC's Brownfields and Environmental Restoration Program referred to as EnviroStor. The database currently contains 575 sites, including the Federal Superfund sites. The database was consulted in January of 2017. A search of the Envirostor Hazardous Waste and Substances Site List website was completed to identify whether the project site is listed in the database as a Cortese site.64 The site was identified on the Federal RCRA list; however, the affected parcel located within the site was issued a No Further Action letter and no additional clean up or remediation is required. A soil vapor study was prepared for the Applicant by Fulcrum Resources Environmental. A total of 12 soil borings were dug at depths up to five feet and samples were collected using vapor probes installed within the borings. According to the results of the sampling, concentrations of Tetrachloroethylene (PCE) exceeded the Environmental Screening Levels (ESLs) established by the Regional Water Quality Control Board.65 As a result, the following mitigation is required: ● Sub-slab vapor barriers must be installed below the three new buildings. Adherence to the mitigation provided above will reduce potential impacts to levels that are considered to be less than significant. E. Would the project be located within an airport land use plan, or where such a plan has not been adopted, within two miles of a public airport or a public use airport, would the project result in a safety hazard for people residing or working in the project area? ● No Impact. The project site is located approximately seven miles to the northeast of the Compton/Woodley Airport.66 The site is not located within the designated Runway Protection Zone and the proposed project will not penetrate the airport’s 20:1 slope.67 Essentially, the proposed project will not introduce a building that will interfere with the approach and take off of airplanes utilizing the aforementioned airport. The runway protection zones for approaches and takeoffs extend 1,000 feet to the east and west. These protection zones do not extend to the project site since the site is located a considerable distance from the aforementioned airport. As a result, the construction and subsequent operation of the proposed project 64 California, State of. California Department of Toxic Substances Control Envirostor Hazardous Waste and Substances Site List. http://www.envirostor.dtsc.ca.gov/public/search.asp (Website accessed January 24, 2017). 65 Fulcrum Resources Environmental. Soil Vapor Sample Results. Letter dated October 30, 2017. 66 Google Earth. Website accessed January 17, 2017. 67 Los Angeles County Department of Regional Planning. Los Angeles County Airport Land Use Commission (ALUC), Airport Layout Plan. http://planning.lacounty.gov/assets/upl/project/aluc_compton-plan.pdf CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.8 ● HAZARDS & HAZARDOUS MATERIALS IMPACTS PAGE 68 will not present a safety hazard related to aircraft or airport operations at a public use airport and no impacts will occur. F. For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? ● No Impact. The project site is not located within two miles of an operational private airport or airstrip.68 As a result, the proposed use will not present a safety hazard related to aircraft and/or airport operations at a private use airstrip and no impacts are anticipated to occur. G. Would the project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ● No Impact. At no time will Slauson Avenue or any other designated or potential emergency evacuation routes be closed to vehicular traffic as a result of the project’s implementation. Thus, no impacts on emergency response or evacuation plans will result from the project’s construction. H. Would the project expose people or structures to a significant risk of loss, injury, or death involving wild lands fire, including where wild lands are adjacent to urbanized areas or where residences are intermixed with wild lands? ● No Impact. The entire City is urbanized and the parcels found within the affected area are developed.69 There are no areas of native vegetation found within or adjacent to the project site. As a result, there are no impacts from wildfire risk from off-site locations. 3.8.3 CUMULATIVE IMPACTS The potential impacts related to hazardous materials are site specific. Furthermore, the analysis herein also determined that the implementation of the proposed project would not result in any significant immitigable impacts related to hazards and/or hazardous materials. As a result, no significant cumulative impacts will result from the proposed project’s implementation. 3.8.4 MITIGATION MEASURES According to the soil vapor study that was prepared for the project site, the site contains elevated concentrations of PCE. Therefore, the following mitigation is required: Mitigation Measure No. 5 (Hazards & Hazardous Materials Impacts). Sub-slab vapor barriers must be installed below the three new buildings. 68 Tollfreeairline. Los Angeles County Public and Private Airports, California: http://www.tollfreeairline.com/california/losangeles.htm 69 Blodgett Baylosis Environmental Planning. Site survey. Survey was conducted on January 4, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 69 3.9 HYDROLOGY & WATER QUALITY IMPACTS 3.9.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse environmental impact on water resources or water quality if it results in any of the following: ● A violation of any water quality standards or waste discharge requirements; ● A substantial depletion of groundwater supplies or interference with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level; ● A substantial alteration of the existing drainage pattern of the site or area through the alteration of the course of a stream or river in a manner that would result in substantial erosion or siltation on- or off-site; ● A substantial alteration of the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner that would result in flooding on- or off-site; ● The creation or contribution of water runoff that would exceed the capacity of existing or planned storm water drainage systems or the generation of substantial additional sources of polluted runoff; ● The substantial degradation of water quality; ● The placement of housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary, Flood Insurance Rate Map, or other flood hazard delineation map; ● The placement of structures within 100-year flood hazard areas that would impede or redirect flood flows; ● The exposure of people or structures to a significant risk of flooding as a result of dam or levee failure; or, ● The exposure of a project to inundation by seiche, tsunami, or mudflow. 3.9.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project violate any water quality standards or waste discharge requirements? ● Less than Significant Impact. The implementation of the proposed project will not result in a violation in water quality standards or discharge requirements because the project Applicant will be required to implement the construction and operational Best Management Practices (BMPs) identified in the Water Quality Management Plan CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 70 (WQMP). The WQMP is required by both the City’s Engineering Department and the Regional Water Quality Control Board. During construction, the contractors must adhere to the minimum BMPs for the construction site. These BMPs include the limiting of grading during rain events; planting vegetation on slopes; covering slopes susceptible to erosion; maintaining stockpiles of soil on-site; and containing runoff, spills, and equipment on-site. The operational BMPs have not yet been identified. However, the WQMP may recommend the use of biofiltration/retention basins, stormwater detention chambers, grate inlet filters, and bioswales as well as other mechanisms for reducing runoff and removing potential contaminants. The biofiltration basins facilitate proper treatment and discharge of storm water runoff by using plants to capture and biologically degrade pollutants carried by storm water runoff. Biofiltration/retention areas also reduce the volume of storm water runoff discharged into the local storm drains.70 These facilities normally consist of a grass buffer strip, sand bed, ponding area, organic layer or mulch layer, planting soil, and plants. The runoff’s velocity is reduced by passing over or through a sand bed and is subsequently distributed evenly along a ponding area. The WQMP may also recommend the use of stormwater detention chambers and/or grate inlet filters. The purpose of the stormwater chambers is to contain stormwater in the event of heavy rainfall. The excess water will either be diverted into the existing storm drain through a system of newly proposed storm drains or will filter and percolate into the ground. Grate inlet filters (or drain inserts) are filters placed into existing drain inlets. These devices are designed to removed sediment, nutrients (nitrogen and phosphorus), trash, metals, and oil and grease. A fourth operational BMP alternative may include the installation of bioswales. Bioswales are typically shallow trenches with gently sloping slopes that are lined with dense low-lying vegetation. Under drains may be installed if the underlying soils are not conducive to stormwater percolation. Adherence to the construction and post construction BMPs identified in the WQMP will ensure that all potential impacts remain at a level that is less than significant. B. Would the project substantially deplete groundwater supplies or interfere substantially with groundwater recharge in such a way that would cause a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of a pre-existing nearby well would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? ● Less than Significant Impact. Grading related activities are not anticipated to deplete groundwater supplies from any underlying aquifer or interfere with any groundwater recharge activities. The footings that will be installed to accommodate the building will not extend more than ten feet below the surface. In addition, the proposed project will be connected to the City’s water lines and is not anticipated to deplete groundwater supplies through the consumption of the water. The project will be required to install Xeriscape landscaping and water efficient appliances to reduce the burden placed on the City’s water resources (refer to Section 3.18). Future water consumption will be limited to that used for landscaping, restroom use, and routine maintenance and cleaning. The project Applicant will be required to adhere to the applicable BMPs for the construction site. 70 California Department of Transportation. Biofiltration Strips. http://www.dot.ca.gov/hq/LandArch/16_la_design/guidance/ec_toolbox/stormwater/biofiltration_strips.htm CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 71 Adherence to the required BMPs will restrict the discharge of contaminated runoff into the local storm drain system. As a result, the impacts are anticipated to be less than significant. C. Would the project substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? ● Less than Significant Impact. The project’s implementation will increase the amount of pervious surfaces on-site. The Applicant will prepare a WQMP that will identify both construction and post-construction (operational) BMPs. The implementation of the required BMPs will improve the quality and reduce the quantity of stormwater runoff by facilitating proper filtration and percolation of excess runoff. Therefore, the risk of off-site erosion and/or siltation will be minimal given the reduced water runoff and the lack of pervious surfaces outside of the project site. Additionally, the project site is located 1.12 miles to the south of the channelized Los Angeles River.71 The proposed project will be restricted to the designated site and will not alter the course of the Los Angeles River. In addition, the project will not substantially alter the site’s natural drainage patterns because previous construction activities may have altered this site’s original drainage patterns. No other bodies of water are located in and around the project site. As a result, the impacts are considered to be less than significant. D. Would the project substantially alter the existing drainage pattern of the site or area, including the alteration of the course of a stream or river, in a manner, which would result in flooding on- or off- site? ● No Impact. Implementation of the proposed project will increase the amount of pervious surfaces on-site. In addition, the project will include the installation of construction and operational BMPs designed to reduce the amount of stormwater runoff discharged into the streets over the present conditions. Once operational, runoff will continue to drain into storm drains located along Slauson Avenue and Boyle Avenue, though the volume of runoff will be less than the present amount. As indicated previously, the proposed project will be restricted to the designated site and will not alter the course of the channelized Los Angeles River located over one mile to the north and east of the site. In addition, the proposed project will be properly drained and is not expected to result in on-or off-site flooding. As a result, no impacts are anticipated. E. Would the project create or contribute runoff water that would exceed the capacity of existing or planned storm water drainage systems or provide substantial additional sources of polluted runoff? ● Less than Significant Impact. Once constructed, the project will not introduce polluted runoff into the existing storm drain system. In addition, the project will not create excess runoff that will exceed the capacity of the existing storm water drainage system. The project Applicant will be required to implement the construction and operational Best Management Practices (BMPs) identified in the Water Quality Management Plan (WQMP). These operational BMPs will reduce the amount of stormwater runoff discharged into the streets. Stormwater 71 Google Earth. Website accessed January 24, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 72 will be detained on-site and gradually discharged into the local storm drains. The vegetation that is present within the biofiltration/detention basins and in the bioswales will effectively filter out contaminants present in runoff. Additional filters and drains provided below the surface vegetation will ensure maximum filtration. Supplementary mechanisms including grate inlet filters capture larger materials such as garbage, soils, leaves, etc before they are discharged into the local storm drains. During construction, the contractors must adhere to the minimum BMPs for the construction site. These BMPs include the limiting of grading during rain events; planting vegetation on slopes; covering slopes susceptible to erosion; maintaining stockpiles of soil on-site; and containing runoff, spills, and equipment on-site. Implementation of the above-mentioned BMPs will reduce potential impacts to levels that are less than significant. F. Would the project otherwise substantially degrade water quality? ● No Impact. Adherence to the BMPs discussed in Sections 3.9.2.A, 3.9.2.B, and 3.9.2.E will reduce potential water quality impacts to levels that are less than significant. As a result, no other impacts are anticipated. G. Would the project place housing within a 100-year flood hazard area as mapped on a Federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? ● No Impact. According to the Federal Emergency Management Agency (FEMA) flood insurance map obtained from the Los Angeles County Department of Public Works, the proposed project site is located in Zone X.72 This flood zone has an annual probability of flooding of less than 0.2 percent and represents areas outside the 500-year flood plain.73 As a result, no impacts related to flood flows are associated with the proposed project’s implementation. H. Would the project place within a 100-year flood hazard area, structures that would impede or redirect flood flows? ● No Impact. As indicated previously, the project site is not located within a designated 100-year flood hazard area as defined by FEMA.74 Therefore, the proposed project will not involve the placement of any structures that would impede or redirect potential floodwater flows since the site is not located within a flood hazard area. As a result, no flood-related impacts are anticipated with the proposed project’s implementation. 72 Los Angeles County Department of Public Works. Flood Zone Determination Website. http://dpw.lacounty.gov/wmd/floodzone/ 73 FEMA. Flood Zones, Definition/Description. http://www.fema.gov/floodplain-management/flood-zones 74 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.9 ● HYDROLOGY & WATER QUALITY IMPACTS PAGE 73 I. Would the project expose people or structures to a significant risk of flooding as a result of dam or levee failure? ● Less than Significant Impact. According to the City’s Natural Hazards Mitigation Plan, the two major dams which could significantly impact the City in the event of failure are Hansen Dam and Sepulveda Dam. Neither of these dams is located in the City. However, the project site (and City) is located within the inundation paths of both dams. Because dam failure can have severe consequences, FEMA requires that all dam owners develop Emergency Action Plans (EAP) for warning, evacuation, and post-flood actions. Although there may be coordination with county officials in the development of the EAP, the responsibility for developing potential flood inundation maps and facilitation of emergency response is the responsibility of the dam owner. 75 Adherence to the evacuation plans identified in the EAPs for the Hansen and Sepulveda Dam will reduce potential impacts to levels that are less than significant. J. Would the project result in inundation by seiche, tsunami, or mudflow? ● No Impact. The project site is located approximately 11 miles to the north of the Pacific Ocean and the project area would not be exposed to the effects of a tsunami. A seiche in the Los Angeles River or any other body of water located within the Los Angeles River Watershed is not likely to happen since all streams and rivers located within the Los Angeles River Watershed are channelized and contain a low volume of water. Lastly, the project site will not be subject to mudslides because the project site and surrounding areas are generally level. As a result, no impacts are likely to occur. 3.9.3 CUMULATIVE IMPACTS The potential impacts related to hydrology and storm water runoff are typically site specific. The implementation of the proposed project will not result in any significant adverse impacts related to hydrology. As a result, no cumulative impacts are anticipated. 3.9.4 MITIGATION MEASURES The implementation of the proposed project will not result in any significant adverse impacts related to hydrology and water quality. The project Applicant will be required to implement the construction BMPs discussed in Section 3.9.2.A. These construction BMPs will prevent the discharge of polluted runoff into the local storm drain system. The Applicant will also be required to implement the post construction BMPs identified in the previous subsections. The BMPs will prevent the contamination of runoff once the project is occupied. As a result, no additional mitigation measures are required. 75 Emergency Planning Consultants. City of Vernon Natural Hazards Mitigation Plan. Dated October 20, 2004. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.10 ● LAND USE & PLANNING IMPACTS PAGE 74 3.10 LAND USE & PLANNING IMPACTS 3.10.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant impact on land use and development if it results in any of the following: ● The disruption or division of the physical arrangement of an established community; ● A conflict with an applicable land use plan, policy, or regulation of the agency with jurisdiction over the project; or, ● A conflict with any applicable conservation plan or natural community conservation plan. 3.10.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project physically divide or disrupt an established community or otherwise result in an incompatible land use? ● No Impact. The project will be restricted to the project site and will not divide or disrupt the residential neighborhood located 0.39 miles to the southwest of the site along the west side of Miles Avenue. In addition, the proposed project will not result in an incompatible land use since the proposed project conforms to the applicable City of Vernon General Plan and Zoning designations. As a result, no impacts will occur. B. Would the project conflict with an applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including but not limited to, a general plan, proposed project, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ● No Impact. The project site is currently zoned as Commercial-1 (C-1) overlay zone (refer to Exhibit 3-4 for the Zoning map). The project site’s General Plan land use designation is Industrial (refer to Exhibit 3-4). The implementation of the project will require the approval of a Conditional Use Permit to permit the construction and operation of commercial uses within the C-1 overlay zone. The proposed project conforms to the City’s floor area ratio (FAR), minimum lot size, setback, landscaping, and parking requirements. The project will have a maximum FAR of 0.26 and will be constructed on a 127,515 square-foot lot. The Zoning Code permits a maximum FAR of 2.1. The Zoning Code also requires all commercial uses to be constructed on a lot that is greater than 25,000 square feet in size. In addition, the project exceeds the 15-foot building setback required by the City. The building that is closest to a local roadway will be the quick service restaurant located in the southwest corner of the site. This building will be setback 18 feet from Slauson Avenue. Lastly, the project meets the City’s landscape requirements. Per the City’s Zoning Code, at least five percent of the project area must be dedicated for landscaping. A total of 9,617 square feet of landscaping, or eight percent, will be provided. The project conforms to all of the development standards outlined by the City for the C-1 overlay. Thus, no general plan amendment, zone change, or variance is required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.10 ● LAND USE & PLANNING IMPACTS PAGE 75 EXHIBIT 3-4 ZONING AND GENERAL PLAN MAP Source: City of Vernon and Quantum GIS Project Site C-1, Commercial - 1 / Commercial Industrial / Industrial Zoning / General Plan CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.10 ● LAND USE & PLANNING IMPACTS PAGE 76 In addition, the project site is not subject to a local coastal program or a specific plan.76 As a result, no impacts are anticipated. C. Will the project conflict with any applicable habitat conservation plan or natural community conservation plan? ● No Impact. As indicated in Section 3.4.2.F, the Los Angeles River is currently the focus of a revitalization effort lead by the City of Los Angeles. The City of Los Angeles intends to focus on the 32-mile portion of the river that flows from Owensmouth Avenue, located in the San Fernando Valley, to the northern border of the City of Vernon.77 The portion of the river that flows parallel to the eastern boundary of Vernon will thus be unaffected. The proposed project will be restricted to the project site and will not impact the revitalization efforts undertaken for the Los Angeles River. As a result, no impacts are anticipated to occur with the implementation of the proposed project. 3.10.3 CUMULATIVE IMPACTS The analysis determined that the proposed project would not result in any significant adverse land use impacts. As a result, no significant adverse cumulative land use impacts will occur. 3.10.4 MITIGATION MEASURES The analysis of land use and development impacts indicated that no significant adverse impacts on land use and development would result from the implementation of the proposed project. As a result, no mitigation measures are required. 76 Google Earth. Website accessed January 24, 2017. 77 City of Los Angeles. Notice of Preparation/Notice of Intent for The EIR/Environmental Impact Statement for the Los Angeles River Revitalization Master Plan. March 30, 2006. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.11 ● MINERAL RESOURCES IMPACTS PAGE 77 3.11 MINERAL RESOURCES IMPACTS 3.11.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on energy and mineral resources if it results in any of the following: ● The loss of availability of a known mineral resource that would be of value to the region and the residents of the State; or, ● The loss of availability of a locally important mineral resource recovery site delineated on a local general plan, proposed project, or other land use plan. 3.11.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project result in the loss of availability of a known mineral resource that would be of value to the region and the residents or the State? ● No Impact. The project site is not located in a Significant Mineral Aggregate Resource Area (SMARA) nor is it located in an area with active mineral extraction activities. A review of California Division of Oil, Gas, and Geothermal Resources well finder indicates that there are no wells located on-site or in the vicinity of the project site.78 The nearest well is located 0.65 miles to the southeast of the project site along Benedict Way. The well is presently plugged and abandoned.79 In addition, according to SMARA study area maps prepared by the California Geological Survey, the City of Vernon is located within the larger San Gabriel Valley SMARA (identified as the Portland cement concrete- grade aggregate).80 However, as indicated in the San Gabriel Valley P-C region MRZ-2 map, the project site is not located in an area where there are significant aggregate resources present.81 In addition, the project site is not located in an area with active mineral extraction activities. As a result, no impacts to mineral resources will occur. B. Would the project result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, proposed project, or other land use plan? ● No Impact. A review of the San Gabriel Valley P-C region MRZ-2 map indicated that the project site is not located in an area that contains aggregate resources.82 Therefore, the project’s implementation will not contribute to a loss of availability to locally important mineral resources. Furthermore, the resources and materials that 78 California, State of Department of Conservation. California Oil, Gas, and Geothermal Resources Well Finder. http://maps.conservation.ca.gov/doggr/index.html#close 79 California, State of. Department of Conservation. Well Details. https://secure.conservation.ca.gov/WellSearch/Details?api=03720120 80 California Department of Conservation. San Gabriel Valley P-C Region Showing MRZ-2 Areas and Active Mine Operations. ftp://ftp.consrv.ca.gov/pub/dmg/pubs/sr/SR_209/Plate%201.pdf 81 Ibid. 82 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.11 ● MINERAL RESOURCES IMPACTS PAGE 78 will be utilized for the construction of the proposed project will not include any materials that are considered rare or unique. Thus, no impacts will result with the implementation of the proposed project. 3.11.3 CUMULATIVE IMPACTS The potential impacts on mineral resources are site specific. Furthermore, the analysis determined that the implementation of the proposed project would not result in any impacts on mineral resources and no cumulative impacts will occur. 3.11.4 MITIGATION MEASURES The analysis of potential impacts related to mineral resources indicated that no significant adverse impacts would result from the proposed project’s implementation. As a result, no mitigation measures are required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 79 3.12 NOISE IMPACTS 3.12.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant impact on the environment if it results in any of the following: ● The exposure of persons to, or the generation of, noise levels in excess of standards established in the local general plan, noise ordinance or applicable standards of other agencies; ● The exposure of people to, or generation of, excessive ground-borne noise levels; ● A substantial permanent increase in ambient noise levels in the vicinity of the project above levels existing without the project; ● A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project; ● Locating within an area governed by an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or private use airport, where the project would expose people to excessive noise levels; or, ● Locating within the vicinity of a private airstrip that would result in the exposure of people residing or working in the project area to excessive noise levels. 3.12.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project result in exposure of persons to, or generation of, noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? ● Less than Significant Impact. Noise levels may be described using a number of methods designed to evaluate the "loudness" of a particular noise. The most commonly used unit for measuring the level of sound is the decibel (dB). Zero on the decibel scale represents the lowest limit of sound that can be heard by humans. The eardrum may rupture at 140 dB. In general, an increase of between 3.o dB and 5.o dB in the ambient noise level is considered to represent the threshold for human sensitivity. Noise levels that are associated with common, everyday activities are illustrated in Exhibit 3-5. Noise may be generated from a point source, such as a piece of construction equipment, or from a line source, such as a road containing moving vehicles. Because the area of the sound wave increases as the sound gets further and further from the source, less energy strikes any given point over the surface area of the wave. This phenomenon is known as spreading loss. Due to spreading loss, noise decreases with distance. The ambient noise environment within the project area is dominated by traffic noise emanating from Slauson and Boyle Avenue and from the adjacent uses. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 80 165 160 155 150 145 140 sonic boom 135 130 125 jet take off at 200 ft. 120 115 music in night club interior 110 motorcycle at 20 ft. 105 power mower 100 95 freight train at 50 ft. 90 food blender 85 electric mixer, light rail train horn 80 75 70 portable fan, roadway traffic at 50 ft. 65 60 dishwasher, air conditioner 55 50 normal conversation 45 refrigerator, light traffic at 100 ft. 40 35 library interior (quiet study area) 30 25 20 15 10 rustling leaves 5 0 Serious Injury Pain Discomfort Range of Typical Noise Levels Threshold of Hearing EXHIBIT 3-5 TYPICAL NOISE SOURCES AND LOUDNESS SCALE Source: Blodgett Baylosis Environmental Planning Noise Levels – in dBA CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 81 The implementation of the proposed project will not expose sensitive receptors to excessive noise levels. The nearest noise sensitive land uses include the single-family residential units located 866 feet to the southwest of the project site along the south side of Belgrave Avenue.83 Noise emanating from the project site will not affect the aforementioned sensitive receptors because the adjacent industrial and commercial uses obstruct the line-of-sight between the single-family houses and the project site. This industrial development attenuates sound travelling from the project site. Additionally, noise levels naturally decline as the distance increases. Therefore, audible noise generated from the project site would not be as loud once it travels to the aforementioned residential units in the absence of the existing attenuation. According to the General Plan, the project site is located within the 60 to 70 CNEL boundaries.84 Therefore, the proposed use will be constructed in an area with “a clearly to normally” compatible ambient noise environment.85 In addition, the future tenant will be required to adhere to all pertinent noise control regulations outlined by the City of Vernon. As a result, the potential impacts will be less than significant. B. Would the project result in exposure of people to, or generation of, excessive ground-borne noise levels? ● Less than Significant Impact. There are no noise sensitive receptors located within the vicinity of the project site.86 The current noise environment within the project area is dominated by traffic and operational noise from the adjacent uses. The major source of noise from the proposed project itself will be related to vehicle noise (horns, alarms, etc.) from the internal drive-aisles and parking areas as well as noise from the drive-thru speaker equipment. Once operational, the project will not result in the exposure of people (employees) to excessive ground-borne noise levels because the project will be required to conform to the requirements included in the City’s Noise Control Ordinance. Furthermore, the project is not a noise sensitive use. The cumulative traffic associated with the proposed project will not be great enough to result in a measurable or perceptible increase in traffic noise (it typically requires a doubling of traffic volumes to increase the ambient noise levels by 3.0 dBA or greater). The addition of the project trips (1,794 trips) is fewer than the amount needed to result in a perceptible increase in traffic noise. As a result, the traffic noise impacts resulting from the proposed project’s occupancy are deemed to be less than significant. C. Would the project result in a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? ● Less than Significant Impact. The cumulative traffic associated with the proposed project will not be great enough to result in a measurable or perceptible increase in traffic noise (it typically requires a doubling of traffic volumes to increase the ambient noise levels by 3.0 dBA or greater). Therefore, the traffic noise impacts resulting from the proposed project’s occupancy are deemed to be less than significant. The proposed project will be required to adhere to all pertinent City noise regulations. In addition, the project site is not located within 83 Google Earth. Website accessed January 24, 2017. 84 City of Vernon General Plan. Noise Element Figures N-4: 2007 Noise Contours. Website accessed February 7, 2017. 85 City of Vernon General Plan. Noise Element Figure N-3 Community Noise Standards. Website accessed February 7, 2017. 86 Blodgett Baylosis Environmental Planning. Site survey. Survey was conducted on January 4, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 82 the line-of-sight for the single-family residential units located 866 feet to the southwest of the project site along the south side of Belgrave Avenue. As a result, the traffic noise impacts resulting from the proposed project’s occupancy will be less than significant. D. Would the project result in a substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? ● Less than Significant Impact. Noise levels associated with various types of construction equipment are illustrated in Exhibit 3-6. The noise levels that are indicated in the exhibit illustrate the typical noise levels at a distance of 50 feet from the noise source. Composite construction noise is best characterized by Bolt, Beranek, and Newman.87 In this study, the noisiest phases of construction for non-residential development is presented as 89 dBA as measured at a distance of 50 feet from the construction effort. In later phases during building erection, noise levels are typically reduced from these values and the physical structures further break up line-of- sight noise. However, as a worst-case scenario the 89 dBA value was used as an average noise level for the construction effort. The construction noise levels will decline as one moves away from the noise source. This effect is known as spreading loss. In general, the noise level adjustment that takes the spreading loss into account calls for a 6.0 dBA reduction for every doubling of the distance beginning with the initial 50- foot distance. The nearest sensitive receptors include the single-family residential units that are located 866 feet to the southwest of the project site. As a result, the estimate noise levels from construction will be under 60 dBA. These levels will be further reduced due to the presence of buildings obstructing the line- of-sight between the aforementioned uses and the project site. The project Applicant will be required to adhere to the City’s noise control regulations, which limits construction noise levels and construction times. No mitigation is required due to the absence of any noise sensitive land uses. As a result, the potential impacts are considered to be less than significant. E. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ● No Impact. As indicated previously, the project site is not located within the Compton/Woodley Airport’s Runway Protection Zone (RPZ), nor is the site located within the airport’s 60 CNEL boundary.88 As a result, no impacts related to the exposure of persons to aircraft noise from a public use airport are anticipated. F. Within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ● No Impact. The project site is not located within two miles of an operational private airport. As a result, no impacts related to the exposure of persons to aircraft noise from a private airstrip will result from the proposed project. 87 USEPA, Protective Noise Levels. 1971. 88 Los Angeles County Department of Regional Planning. Los Angeles County Airport Land Use Commission (ALUC), Airport Layout Plan. http://planning.lacounty.gov/assets/upl/project/aluc_compton-plan.pdf CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 83 Compactors (Rollers) Front Loaders Backhoes Tractors Scrapers, Graders Pavers Trucks Concrete Mixers Concrete Pumps Cranes (Movable) Cranes (Derrick) Pumps Generators Compressors Pneumatic Wrenches Jack Hammers Pile Drivers Vibrators Saws Impact Equipment Earth Moving Equipment 70 80 90 100 Materials Handling Equipment Other Equipment Stationary Equipment Equipment Powered by Internal Combustion Engines EXHIBIT 3-6 TYPICAL CONSTRUCTION NOISE LEVELS Source: Blodgett Baylosis Environmental Planning Typical noise levels in dBA 50 ft. from source CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.12 ● NOISE IMPACTS PAGE 84 3.12.3 CUMULATIVE IMPACTS The analysis indicated the implementation of the proposed project would not result in any significant immitigable adverse cumulative noise impacts. As a result, no significant adverse cumulative noise impacts will occur. 3.12.4 MITIGATION MEASURES The analysis of potential noise impacts determined that the proposed project’s construction and subsequent operation would not result in any significant adverse impacts. As a result, no mitigation is required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.13 ● POPULATION & HOUSING IMPACTS PAGE 85 3.13 POPULATION & HOUSING IMPACTS 3.13.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant impact on housing and population if it results in any of the following: ● A substantial growth in the population within an area, either directly or indirectly related to a project; ● The displacement of a substantial number of existing housing units, necessitating the construction of replacement housing; or, ● The displacement of substantial numbers of people, necessitating the construction of replacement housing. 3.13.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project induce substantial population growth in an area, either directly or indirectly (e.g., through projects in an undeveloped area or extension of major infrastructure)? ● No Impact. Growth-inducing impacts are generally associated with the provision of urban services to an undeveloped or rural area. The variables that typically contribute to growth-inducing impacts, and the project’s potential growth-inducing impacts, are identified in Table 3-6 provided below and on the following page. As indicated in Table 3-6, the proposed project would not result in any growth inducing impacts. As a result, no impacts are anticipated. Table 3-6 Potential Growth-Inducing Impacts Factor Contributing to Growth Inducement Project’s Potential Contribution Basis for Determination New development in an area presently undeveloped and economic factors which may influence development. The proposed project would promote development of an underutilized parcel. The new development would promote development consistent with the General Plan Policies for infill development. Extension of roadways and other transportation facilities. The proposed project would not involve the extension or modification of any off- site existing roadways. The only off-site improvements include new driveway connections along Boyle Avenue and Slauson Avenue. Extension of infrastructure and other improvements. No other off-site water, sewer, and other critical infrastructure improvements are anticipated. The only infrastructure improvements would be designed to serve the proposed project only. Major off-site public projects (treatment plants, etc). No major facilities are proposed at this time. No off-site facilities would be required to accommodate the projected demand for wastewater treatment or water. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.13 ● POPULATION & HOUSING IMPACTS PAGE 86 Table 3-6 Potential Growth-Inducing Impacts Factor Contributing to Growth Inducement Project’s Potential Contribution Basis for Determination The housing requiring replacement housing elsewhere. The project does not involve the removal or the replacement of existing affordable or subsidized housing units. No subsidized affordable housing would be affected by the proposed project. Additional population growth leading to increased demand for goods and services. The proposed project would not result in long-term growth in employment. The proposed project will result in 108 potential new jobs. Short-term growth inducing impacts related to the project’s construction. The proposed project may result in the creation of new construction employment. Short-term increases in construction employment are considered a beneficial impact. Source: Blodgett Baylosis Environmental Planning. 2016. According to the Growth Forecast Appendix prepared by SCAG for the 2016-2040 Regional Transportation Plan (RTP), the City of Vernon is projected to add a total of 2,900 jobs through the year 2040.89 A total of 108 people new jobs will be created by the proposed project (refer to Section 2.4.2. for a breakdown of the project’s future employment). The number of jobs that will be created by the proposed project are well within the employment projections generated by SCAG for the City of Vernon. As a result, the potential impacts are considered to be less than significant. B. Would the project displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? ● No Impact. There is no housing units present on-site. The site is occupied by various industrial uses. As a result, no impacts related to displaced housing will result. C. Would the project displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? ● No Impact. There is no housing units present on-site. The site is occupied by various industrial uses. As a result, no impacts related to displaced persons will result. 3.13.3 CUMULATIVE IMPACTS The analysis of potential population and housing impacts indicated that no significant adverse housing or population impacts would result from the proposed project’s implementation. As a result, no significant adverse cumulative housing and population impacts will occur. 89 Southern California Association of Governments. Growth Forecast. Regional Transportation Plan 2016-2040. Adopted on April 7, 2016. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.13 ● POPULATION & HOUSING IMPACTS PAGE 87 3.13.4 MITIGATION MEASURES The analysis of potential population and housing impacts indicated that no significant adverse impacts would result from the proposed project’s implementation. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.14 ● PUBLIC SERVICES IMPACTS PAGE 88 3.14 PUBLIC SERVICES IMPACTS 3.14.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on public services if it results in any of the following: ● A substantial adverse physical impact associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to fire protection services; ● A substantial adverse physical impact associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to police protection services; ● A substantial adverse physical impact associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to school services; or, ● A substantial adverse physical impact associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to other government services. 3.14.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to fire protection services? ● Less than Significant Impact. The Vernon Fire Department (VFD) provides fire protection services for the City of Vernon. The City’s Fire Department currently operates four fire stations. Fire Station Number 1, located 0.56 miles to the northeast along Fruitland Avenue, is the closest first response station to the project site.90 The proposed project will undergo review by the VFD to ensure that the site and building design meet all applicable requirements of the Department. The proposed project would not place additional demands on fire services since the project will involve the construction of modern structures that will be subject to all pertinent fire and building codes. As a result, the potential impacts are expected to be less than significant. 90 County of Los Angeles. http://fire.lacounty.gov/HometownFireStations/HometownFireStations.asp. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.14 ● PUBLIC SERVICES IMPACTS PAGE 89 B. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to police protection? ● Less than Significant Impact. The Vernon Police Department provides law enforcement services throughout the City. The police station is located at 4305 South Santa Fe Avenue within the Vernon Civic Center.91 The proposed retail development would likely result in an increase in the number of calls for service. In addition, the project site is located along the north side of a major arterial roadway (Slauson Avenue). To ensure the proposed project elements adhere to the City’s security requirements, the Vernon Police Department will review the site plan and other plans for the proposed project to ensure that the development adheres to the Department requirements. Specifically, all walls, gates, security systems, and shrubbery will be reviewed to ensure defensible space and security requirements are adhered to. Therefore, the potential impacts will be less than significant. C. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, or other performance objectives relative to school services? ● Less than Significant Impact. The proposed project will not involve any development and/or uses that could potentially affect school enrollments. Nevertheless, the project Applicant will be required to pay mandatory development fees to the local school districts. As a result, the impacts will be less than significant. D. Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, the construction of which would cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives relative to other governmental services? ● Less than Significant Impact. No new governmental services will be needed and the proposed project is not expected to have any impact on existing governmental services that would cause a need for new or altered facilities. However, the project may indirectly lead to an increase in usage of other government facilities such as parks and the City library if future employees elect to use the aforementioned services and facilities. As a result, the impacts will be less than significant. 3.14.3 CUMULATIVE IMPACTS The proposed project’s implementation will result in an incremental increase in the demand for police and fire service calls, however no new facilities will be required to accommodate the proposed use. As a result, no cumulative impacts are anticipated. 91 Google Earth. Website accessed January 25, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.14 ● PUBLIC SERVICES IMPACTS PAGE 90 3.14.4 MITIGATION MEASURES The analysis of public service impacts indicated that the project will not result in any impacts that would require mitigation. Therefore, no mitigation is required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.15 ● RECREATION IMPACTS PAGE 91 3.15 RECREATION IMPACTS 3.15.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on the environment if it results in any of the following: ● The use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated; or, ● The construction or expansion of recreational facilities, which might have an adverse physical effect on the environment. 3.15.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ● No Impact. The City of Vernon does not have any public parks and/or recreational facilities.92 Moreover, the project’s implementation will not lead to an increase in the usage of parks and recreational facilities within the neighboring communities are anticipated to occur. As a result, no impacts are anticipated. B. Would the project affect existing recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? ● No Impact. The proposed retail development will not place a measurable or incremental demand on parks and recreational facilities and there will not be any construction or expansion of recreational facilities. As a result, no impacts will occur upon the implementation of the proposed project. t 3.15.3 CUMULATIVE IMPACTS The analysis determined the proposed project would not result in any potential impact on recreational facilities and services. As a result, no cumulative impacts on recreational facilities would result from the proposed project’s implementation. 3.15.4 MITIGATION MEASURES The analysis of potential impacts related to parks and recreation indicated that no significant adverse impacts would result from the proposed project’s implementation. As a result, no mitigation measures are required. 92 City of Vernon General Plan. Resources Element. Site accessed February 7, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 92 3.16 TRANSPORTATION & CIRCULATION IMPACTS 3.16.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project will normally have a significant adverse impact on traffic and circulation if it results in any of the following: ● A conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to, intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit; ● A conflict with an applicable congestion management program, including but not limited to, level of service standards and travel demand measures, or other standards established by the County Congestion Management Agency for designated roads or highways; ● Results in a change in air traffic patterns, including either an increase in traffic levels or a change in the location that results in substantial safety risks; ● Substantially increases hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment); ● Results in inadequate emergency access; or, ● A conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities. The purpose of this traffic impact analysis is to evaluate the impacts on traffic circulation system due to the proposed Slauson-Boyle Retail Center development at 3165 Slauson Avenue in the City of Vernon, California. The project site is located on the northeast corner of the intersection of Slauson Avenue and Boyle Avenue. The project consists of demolishing existing uses on-site and constructing two new retail buildings for 22,000 square feet retail uses (in Building 1) and 5,000 square feet retail uses and 3,000 square feet food use in Building 2, plus a separate 3,000 square feet drive-thru quick service restaurant with a 250 square-foot patio. The following are the key objectives of the study: ● Documentation of existing 2017 traffic conditions in the vicinity of the site; ● Determination of Project Opening Year (2018) traffic conditions and level of service (LOS) without and with the project; ● Determination of project related impacts to the circulation system; and, ● Identification of mitigation measures to reduce any significant impacts to a level of insignificance. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 93 The report provides data regarding existing operational characteristics of traffic in the general vicinity of the project, as well as an analysis of the proposed project’s impacts to these existing and anticipated future traffic conditions. The report identifies and quantifies the impacts at key intersections and attempts to addresses the most appropriate and reasonable mitigation strategies at any impacted intersections which are identified to be operating at a deficient level of service. This report investigates existing 2017 and anticipated future 2018 opening year traffic operating conditions.93 This report approaches the task of identifying and quantifying the anticipated impacts to the circulation system with a structured, “building block” methodology. The first step is to inventory and quantify existing conditions. Upon this foundation of fact, a travel forecast model is structured for the entire project area and calibrated to produce reliable output, verifiable with the existing data. With the project traffic calculated and distributed onto the study area, at the anticipated opening year of the project in 2018, the travel forecast model is utilized to assess the project traffic impacts at that time. The model utilizes a growth factor for traffic based upon regional guidelines, as well as the traffic anticipated to be introduced from the proposed project to produce the travel forecast and level-of-service data for the future target year. The trip generation estimate is based on the 9th edition of Institute of Transportation Engineers (ITE)’s “Trip Generation” manual. Research and interviews have been conducted with local and regional agencies to identify and characterize the most probable trip distribution patterns within the study area. Project impacts are identified for the future year 2018 conditions. At those intersections operating deficiently (e.g., at a level worse than LOS D) and significantly impacted by the proposed project, a mitigation measure is identified and applied, and a before-and after mitigation analysis conducted. Roadway operations and the relationship between capacity and traffic volumes are generally expressed in terms of levels of service (LOS). Levels of service are defined as LOS A through F. These levels recognize that, while an absolute limit exists as to the amount of traffic traveling through a given intersection (the absolute capacity); the conditions that motorists experience deteriorate rapidly as traffic approaches the absolute capacity. Under such conditions, congestion is experienced. There is generally instability in the traffic flow, which means that relatively small incidents (e.g., momentary engine stall) can cause considerable fluctuations in speeds and delays. This near-capacity situation is labeled LOS E. Beyond LOS E, capacity is exceeded, and arriving traffic will exceed the ability of the intersection to accommodate it. An upstream queue will form and continue to expand in length until the demand volume reduces. A complete description of the meaning of level of service can be found in the Highway Research Board’s Special Report 209 titled Highway Capacity Manual. The manual establishes the definitions for levels of service A through F. Brief descriptions of the six levels of service, as extracted from the manual, are listed in Table 3-7 (shown on the following page).94 93 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. 94 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 94 Table 3-7 Level of Service Definitions LOS Description A No approach phase is fully utilized by traffic and no vehicle waits longer than one red indication. Typically, the approach appears quite open, turns are made easily, and nearly all drivers find freedom of operation. B This service level represents stable operation, where an occasional approach phase is fully utilized and a substantial number are approaching full use. Many drivers begin to feel restricted within platoons of vehicles. C This level still represents stable operating conditions. Occasionally, drivers have to wait through more than one red signal indication and backups may develop behind turning vehicles. Most drivers feel somewhat restricted. D This level encompasses a zone of increasing restriction approaching instability at the intersection. Delays to approaching vehicles may be substantial during short peaks within the peak period; however, enough cycles with lower demand occur to permit periodic clearance of developing queues, thus preventing excessive backups. E Capacity occurs at the upper end of this service level. It represents the most vehicles that any particular intersection can accommodate. Full utilization of every signal cycle is seldom attained no matter how great the demand. F This level describes forced flow operations at low speeds, where volumes exceed capacity. These conditions usually result from queues of vehicles backing up from restriction downstream. Speeds are reduced substantially and stoppages may occur for short or long periods of time due to congestion. In the extreme case, both speed and volume can drop to zero. The thresholds of level of service for signalized and unsignalized intersections are shown in Table 3-8. Table 3-8 Level of Service Criteria Level of Service Signalized Intersection Volume to Capacity (V/C) Ratio Unsignalized Intersection Control Delay (seconds/vehicle) C > 0.70 – 0.80 > 20 – 35 D > 0.80 – 0.90 > 35 – 55 E to F > 0.90 > 55-80 LOS D is the minimum threshold at all key intersections in the urbanized areas. The traffic study guidelines require that traffic mitigation measures be identified to provide for operations at the minimum threshold levels. For the study area intersections, the Intersection Capacity Utilization (ICU) procedure has been utilized to determine intersection levels of service. Levels of service are presented for the entire intersection, consistent with the local and regional agency policies. While the level of service concept and analysis methodology provides an indication of the performance of the entire intersection, the single letter grade A through F cannot describe specific operational deficiencies at intersections. Progression, queue formation, and left turn storage are examples of the operational issues that affect the CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 95 performance of an intersection, but do not factor into the strict calculation of level of service. However, it provides a volume to capacity (V/C) ratio that is more meaningful when identifying a project’s impact and developing mitigation measures. Therefore, this V/C ratio information is included in describing an intersection’s operational performance under various scenarios. 95 3.16.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project cause a conflict with an applicable plan, ordinance, or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to, intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? ● Less than Significant Impact with Mitigation. To assess future operating conditions both with and without the proposed project, existing traffic conditions within the study area were evaluated. Major east-west regional access to the site is provided by Slauson Avenue. Major north-south regional access is provided by Boyle Avenue. The project would provide one full-access driveway on Boyle Avenue and two right-in/right-out access driveways on Slauson Avenue. The following paragraphs provide a brief description of the characteristics of the existing roadways which comprise the circulation network of the study area, providing regional and local access to the project. ● Slauson Avenue. Slauson Avenue is an east-west major arterial street in the vicinity of the project, with two travel lanes in each direction. Directional travel is separated by raised median islands as well as double yellow stripes along the center. The street is approximately 72 feet wide and posted with a speed limit of 35 miles per hour. Most of the key intersections along Slauson Avenue, including the intersection at Boyle Avenue, Alcoa Avenue, Soto Street, are signalized. Exclusive left-turn lanes are provided at most intersections. On-street parking is not permitted along the sides of the street in the vicinity of intersections. The average daily volume on Slauson Avenue in the project vicinity is approximately 21,400 vehicles per day (assuming PM peak hour volume counted on Slauson Avenue represents approximately 10 percent of its average daily traffic volume). ● Boyle Avenue. Boyle Avenue is a north-south major arterial street in the vicinity of the project, with two travel lanes in each direction. Directional travel is separated by double yellow stripes along the center. The street is approximately 60 feet wide and posted with a speed limit of 35 miles per hour. Most of the key intersections along Boyle Avenue, including the intersection at Slauson Avenue, Fruitland Avenue, and Randolph Street, are signalized. Exclusive left-turn lanes are provided at most intersections. On-street parking is not permitted along the sides of the street in the vicinity of intersections. The average daily volume on Boyle Avenue in the project vicinity is 95 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 96 approximately 18,750 vehicles per day (assuming PM peak hour volume counted on Boyle Avenue represents approximately ten percent of its average daily traffic volume).96 For the purpose of evaluating existing operating conditions as well as future operating conditions with and without the proposed project, the study area was carefully selected in accordance with local traffic study guidelines. Turning movement volumes for the key intersections were calculated from manual traffic counts conducted at the intersections during the month of February, 2017. Traffic volumes were counted during the peak hours of 7:00 to 9:00 AM and 4:00 to 6:00 PM on a typical weekday (Wednesday, 2/22/2017). The following five key intersections would be analyzed in the study: ● Slauson Avenue and Boyle Avenue; ● Slauson Avenue and Soto Street; ● Slauson Avenue and Alcoa Avenue; ● Boyle Avenue and Fruitland Avenue; and, ● Boyle Avenue-State Street and Randolph Street. The project’s existing conditions (as well as future conditions) analysis includes data collection including existing intersection traffic volumes, traffic controls and lane geometrics, parking and pedestrian facilities, a review of existing land uses, and determination of existing levels of service (LOS) at these intersections.97 Existing lane configurations at the key intersections are shown in Exhibit 3-7. Existing turning movement volumes for AM and PM peak hour conditions are shown in Exhibit 3-8. The vehicle counts on Slauson Avenue and Boyle Avenue are assumed to contain 15 percent trucks, and therefore, the existing traffic volumes are expressed in terms of passenger car equivalents (PCE) by applying a 2.0 PCE factor (i.e., 1 truck = 2.0 passenger cars) to truck volumes on these streets. Year 2017 existing traffic conditions were evaluated using the Intersection Capacity Utilization (ICU) procedure of level of service (LOS) analysis. Table 3-9 presents the existing condition intersection level of service (LOS) analysis summary. Table 3-9 Existing Conditions (2017) Level of Service Summary Intersection Peak Hour Existing 2017 Conditions LOS V/C Ratio or [Delay] 1. Slauson Ave. & Boyle Ave. AM PM F F 1.044 1.038 2. Slauson Ave. & Soto St. AM PM E D 0.933 0.867 3. Slauson Ave. & Alcoa Ave AM PM A A 0.587 0.567 4. Boyle Ave. & Fruitland Ave. AM PM C D 0.716 0.865 5. Boyle Ave-State St. & Randolph St. AM PM D C 0.811 0.783 Source: Crown City Traffic Engineers. 96 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. 97 Ibid. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 97 EXHIBIT 3-7 EXISTING LANE CONFIGURATION AT KEY INTERSECTIONS Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 98 EXHIBIT 3-8 EXISTING 2017 TRAFFIC VOLUMES AT KEY INTERSECTIONS Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 99 As shown in the table, three of the five study intersections are currently operating at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. The intersection of Slauson Avenue and Boyle Avenue operates at a deficient LOS F during both the AM peak and PM peak hours. The intersection of Slauson Avenue and Soto Street operates at a deficient LOS E during the AM peak hour, while during the PM peak hours; the intersection operates at an acceptable LOS D.98 A 1.0 percent per year annual traffic growth rate was applied to existing traffic volumes to create a 2018 base condition (i.e., a factor of 1.02 was applied to 2017 volumes to obtain 2018 base traffic volumes due to ambient growth). This annual traffic growth rate accounts for the population growth within the study area and traffic from any other minor projects to be developed in the study area. Per City’s records, there are five (5) other related projects located in the vicinity of the project that will contribute to cumulative traffic volumes with the development of this project. The locations of these related projects are shown in Exhibit 3-9. Trip generation estimates for these related projects were developed by using nationally recognized and recommended rates published by the Institute of Transportation Engineers (ITE). Table 3-10 shows a summary of trip generation estimates for the related projects. It is estimated that the related projects will generate approximately 3,152 trips per average day (1,576 inbound and 1,576 outbound). The average weekday net new peak hour trips will be approximately 266 trips during the AM peak hour (210 inbound and 56 outbound), and 282 trips during the PM peak hour (70 inbound and 212 outbound). Table 3-10 Trip Generation by Related Projects ITE Code Size Trip Generation Rate Average Traffic Volume Daily Total AM Peak Hour PM Peak Hour Daily Total AM Peak Hour PM Peak Hour %in %out total %in %out total %in %out total %in %out total Related Project 1: Boyle Ave/Fruitland Ave – 36,200 sf Industrial (Xebec Realty Properties) 150 36.200 ksf. 3.56 79% 21% 0.30 25% 75% 0.32 155 10 3 13 3 10 13 Related Project 2: 4901 Boyle Ave– 83,654 sf Industrial (Xebec Realty Properties) 150 83.654 ksf 3.56 79% 21% 0.30 25% 75% 0.32 357 24 6 30 8 24 32 Related Project 3: 5370 Boyle Ave– 196,984 sf Industrial (Xebec Realty Properties) 150 196.984 ksf 3.56 79% 21% 0.30 25% 75% 0.32 842 56 15 71 19 57 76 Related Project 4: 3200 Fruitland Ave– 302,300 sf Industrial (Planet Earth Recycling) 150 302.300 ksf 3.56 79% 21% 0.30 25% 75% 0.32 1,291 86 23 109 29 87 116 Related Project 5: 5001 Soto St– 118,714 sf Industrial (Bell Air Soto, LLC) 150 118.714 ksf 3.56 79% 21% 0.30 25% 75% 0.32 507 34 9 43 11 34 45 Total 3,152 210 56 266 70 212 282 Source: Institute of Transportation Engineers (ITE)'s Trip Generation Manual 9th Edition. Rates are trips per unit. For example, a rate of 0.30 means 0.30 trips per KSF (1,000 square feet) of floor area of the land use. All rates are average rates. For all industrial uses, rates for warehouse were applied and 20% of trips were assumed to be trucks trips, which were converted into passenger car equivalents (PCE), i. e., 1 truck = 2 passenger cars. 98 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 100 EXHIBIT 3-9 RELATED PROJECTS LOCATIONS AND PEAK HOUR VOLUMES Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 101 The projected peak hour traffic volumes from these projects were added to existing traffic volumes with ambient growth at the study intersections to represent a 2018 pre-project traffic condition for the AM and PM peak hours. Exhibit 3-10 shows future 2018 pre-project traffic volumes at the study intersections. This pre-project traffic condition was evaluated using the Intersection Capacity Utilization (ICU) method of level of service (LOS) analysis for signalized intersections. The LOS and V/C ratios for the study intersections under 2018 pre-project conditions (without project) are shown in Table 3-11. Detailed calculations relating to the study intersections are included in the Technical Appendix of this report. Table 3-11 2018 Pre-Project Conditions Level of Service Summary Intersection Peak Hour 2018 Pre-Project Conditions LOS V/C Ratio or [Delay] 1. Slauson Ave. & Boyle Ave. AM PM F F 1.066 1.048 2. Slauson Ave. & Soto St. AM PM E D 0.939 0.873 3. Slauson Ave. & Alcoa Ave AM PM A A 0.590 0.569 4. Boyle Ave. & Fruitland Ave. AM PM C E 0.737 0.901 5. Boyle Ave-State St. & Randolph St. AM PM D C 0.828 0.796 Source: Crown City Traffic Engineers. As the results indicate, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours; the intersection would operate a deficient LOS E.99 In order to accurately assess future traffic conditions with the proposed project, trip generation estimates were developed for the project. Trip generation rates for the project are based on the nationally recognized recommendations contained in “Trip Generation” manual, 9th edition, published by the Institute of Transportation Engineers (ITE). In addition, information from ITE manual was used to estimate pass-by trips for the proposed fast-food restaurants. Peak hour inbound and outbound counts were conducted at the existing driveways on-site to determine existing traffic volumes that will be eliminated due to demolition of existing uses. These volumes were deducted from project’s trip generation to determine net new trips to be generated by the project. 99 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 102 EXHIBIT 3-10 2018 PRE-PROJECT TRAFFIC VOLUMES AT KEY INTERSECTIONS Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 103 Table 3-12 shows a summary of trip generation estimates for the project. It is estimated that the project will generate approximately 2,420 net new trips per average day (1,210 inbound and 1,210 outbound). The average weekday net new peak hour trips will be approximately 258 trips during the AM peak hour (129 inbound and 129 outbound), and 128 trips during the PM peak hour (62 inbound and 66 outbound). Table 3-12 Trip Generation ITE Code Size and Description Weekday Trips Daily Total AM Peak Hour PM Peak Hour %in %out total %in %out total 826 Building 1: Specialty Retail 44.34 48% 52% 6.84 44% 56% 2.71 22.000 ksf 976 72 78 150 26 34 60 Less 30% Pass-by 294 22 23 45 8 10 18 Net Retail Trips 682 50 55 105 18 24 42 826 Building 2: Specialty Retail 44.34 48% 52% 6.84 44% 56% 2.71 5.000 ksf 222 16 18 34 6 8 14 Less 30% Pass-by 68 5 5 10 2 2 4 Net Retail Trips 154 11 13 24 4 6 10 933 Building 2: Fast-food Restaurant 716.00 60% 40% 43.87 51% 49% 26.15 3.000 ksf 2,148 79 53 132 40 38 78 Less 50% Pass-by 1,074 39 26 65 20 19 39 Net Fast-food Restaurant Trips 1,074 39 26 65 20 19 39 934 Quick Service Restaurant w/ Drive-Thru 496.12 51% 49% 49.35 52% 48% 33.84 3.250 ksf 1,612 82 78 160 58 52 110 Less 50% Pass-by 806 41 39 80 29 26 55 Net Restaurant Trips 806 41 39 80 29 26 55 Net Total Trips 2,716 141 133 274 71 75 146 Less Existing On-site Trips to be Removed 296 12 4 16 9 9 18 Net New Trips 2,420 129 129 258 62 66 128 Source: Crown City Traffic Engineers. Arrival and departure distribution patterns for project-generated traffic were estimated based upon a review of circulation patterns within the study area network and regional traffic generation and attraction characteristics. More cars left than entered during the PM peak hour period because a number of patrons or employees leaving actually entered the site prior to the peak hour periods. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 104 The project will provide two driveways on Slauson Avenue – a 35 feet wide driveway, approximately 136 feet from the curb return at Boyle Avenue, and a 40 feet wide driveway, approximately 320 feet from the curb return at Boyle Avenue. However, the length of the existing raised median on Slauson Avenue is approximately 288 feet, and the length of the westbound left-turn lane is approximately 190 feet, measured from the curb return at Boyle Avenue. For these reasons, adequate storage length will not be available in the two-way turn lane in front of the 40 feet driveway to allow left-turn inbound movement into the 40 feet driveway. Exhibit 3-11 depicts the regional trip distribution percentages to and from the site. Exhibit 3-12 shows project traffic at the study intersections during the AM and PM peak hours. The project related traffic volumes were added to future (2018) traffic volumes to generate a future Post- Project traffic condition. Exhibit 3-13 shows future (2018) plus project related traffic volumes at key circulation locations during the AM and PM peak hours. Future Post-Project (2018) traffic conditions were evaluated using the Intersection Capacity Utilization (ICU) method. Detailed calculations relating to the study intersections are included in the Technical Appendix. The LOS and V/C ratios for the study intersections under future (2018) ambient plus project conditions (with project) are summarized in Table 3-13. Table 3-13 Future Cumulative plus Project Conditions (2018) Level of Service Intersection Peak Hour Future Cumulative Plus Project (2018) Conditions LOS V/C Ratio or [Delay] 1. Slauson Ave. & Boyle Ave. AM PM F F 1.102 1.055 2. Slauson Ave. & Soto St. AM PM E D 0.959 0.878 3. Slauson Ave. & Alcoa Ave AM PM A A 0.604 0.575 4. Boyle Ave. & Fruitland Ave. AM PM C E 0.745 0.910 5. Boyle Ave-State St. & Randolph St. AM PM D C 0.836 0.799 Source: Crown City Traffic Engineers. As the results indicate, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours; the intersection would operate at a deficient LOS E. 100 100 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 105 EXHIBIT 3-11 PERCENTAGES OF PROJECT RELATED TRIPS DISTRIBUTION Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 106 EXHIBIT 3-12 DISTRIBUTION OF PROJECT TRAFFIC VOLUME Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 107 EXHIBIT 3-13 FUTURE (2018) CUMULATIVE PLUS PROJECT TRAFFIC VOLUMES Source: Crown City Engineers, Inc. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 108 As indicated in the previous section, with the addition of project related traffic, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours, the intersection would operate at a deficient LOS E. A project’s off-site traffic impact is considered to be significant if the increase in V/C ratio is 0.04 or more at LOS C, or 0.02 or more at LOS D, or 0.01 or more at LOS E and F. The results of all existing and future (with and without Project) LOS analysis have been summarized in Table 3-14 to compare project’s traffic impact at key intersections. The project’s off-site traffic impact would be determined significant at these intersections based on the increase in the Volume to Capacity (V/C) ratio due to the project. Table 3-14 Future 2018 Level of Service with and without Project Intersection Peak Hour Future 2018 Conditions Increase in V/C Ratio by Project Without Project With Project LOS V/C LOS V/C 1. Slauson Ave. & Boyle Ave. AM PM F F 1.066 1.048 F F 1.102 1.055 0.036 0.007 2. Slauson Ave. & Soto St. AM PM E D 0.939 0.873 E D 0.959 0.878 0.020 0.005 3. Slauson Ave. & Alcoa Ave AM PM A A 0.590 0.569 A A 0.604 0.575 0.014 0.006 4. Boyle Ave. & Fruitland Ave. AM PM C E 0.737 0.901 C E 0.745 0.910 0.008 0.009 5. Boyle Ave-State St. & Randolph St. AM PM D C 0.828 0.796 D C 0.836 0.799 0.008 0.003 Source: Crown City Traffic Engineers. As shown in the Table, the increase in V/C ratio by project traffic would exceed the significance thresholds of project-related impacts at two intersections. These are: ● Slauson Avenue and Boyle Avenue; and, ● Slauson Avenue and Soto Street. Since the project’s traffic impacts would be considered significant at these intersections, off-site mitigation measures at these intersections would be necessary for the development of this project101. 101 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza. Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 109 To address potential concerns regarding the impacts of the project on the nearest intersections, the following mitigation measures are recommended:  The curb cuts serving the project site must have sufficient width to accommodate vehicles entering and exiting the site simultaneously.  The drive-thru lanes and drive aisles must be designed in a manner to ensure that they do not contribute to vehicle queuing off-site.  Truck deliveries must occur during the off-peak hours so that they do not contribute to off- site congestion.  Access to the parking stalls must be maintained free and clear at all times. The recommended mitigation measures will be designed to facilitate efficient vehicle movement, thus eliminating queuing traffic on Slauson Avenue or Boyle Avenue travel lanes.102 Adherence to the above- mentioned mitigation will reduce potential impacts to levels that are less than significant. B. Would the project result in a conflict with an applicable congestions management program, including but not limited to, level of service standards and travel demand measures, or other standards established by the County Congestion Management Agency for designated roads or highways? ● No Impact. The County of Los Angeles is included in the Los Angeles County Congestion Management Program (CMP), which is prepared and maintained by the Los Angeles County Metropolitan Transportation Authority (Metro). The requirements of the CMP became effective with voter approval of Proposition 111. The purpose of the CMP is to link land use, transportation, and air quality decisions, to develop a partnership among transportation decision-makers in devising appropriate transportation solutions that include all modes of travel, and to propose transportation projects that are eligible to compete for State gas tax funds. The CMP also serves to consistently track trends during peak traffic hours at major intersections in the country and identify areas in great need of improvements where traffic congestion is worsening. The CMP requires that intersections which are designated as being officially monitored by the Program be analyzed under the County’s CMP criteria if the proposed project is expected to generate 50 or more peak hour trips on a CMP-designated facility. The CMP requires that intersections which are designated as under official monitoring by the Program be analyzed using CMP criteria, should the proposed project generate 50 or more peak hour trips on the subject intersection. The proposed project will not add more than 50 peak hour trips to any CMP intersection. As the proposed project does not meet CMP threshold criteria, no significant project impacts are expected. C. Would the project result in a change in air traffic patterns, including either an increase in traffic levels or a change in the location that results in substantial safety risks? ● No Impact. As indicated in Section 3.8, the project site is not located in the FAR Part 77 height restriction zones for the Compton/Woodley Airport. Additionally, the site is not located within the designated Runway Protection 102 Crown City Engineers, Inc. Traffic Impact Study, Vernon Plaza Report dated May 15, 2018. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 110 Zone and the proposed project will not penetrate the airport’s 20:1 slope.103 Essentially, the proposed project will not introduce a building that will interfere with the approach and take off of airplanes utilizing the aforementioned airport. The runway protection zones for approaches and takeoffs extend 1,000 feet to the east and west. These protection zones do not extend to the project site since the site is located a considerable distance from the aforementioned airport. As a result, the construction and subsequent operation of the proposed project will not present a safety hazard related to aircraft or airport operations at a public use airport and no impacts will occur. D. Would the project substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ● Less than Significant Impact. Access to the project site will be provided by a total of three driveways. Of the total number of driveways, two will be located along the site’s southern border while the third will be installed along the site’s western border. The two driveways that will connect to Slauson Avenue will have a width of 35 feet and 40 feet. The driveway that will provide access to Boyle Avenue will have a width of 40 feet. Mitigation measures are proposed in subsection 3.16.2.A that will improve intersection flow at the aforementioned intersections. Adherence to the above-mentioned mitigation will reduce potential impacts to levels that are less than significant. E. Would the project result in inadequate emergency access? ● No Impact. At no time will Slauson Avenue or any designated emergency evacuation route be closed to traffic due to the proposed project’s implementation. As a result, the project will not result in any impacts. F. Would the project result in a conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? ● Less than Significant Impact. Metro (MTA) Line No’s. 108, 254, and 358 currently serve the surrounding vicinity. The closest bus stop is located at the northeast corner of the Boyle Avenue and Slauson Avenue intersection. To estimate potential transit use, the project’s trip generation was adjusted by values set forth in the CMP (i.e., person trips equal 1.4 times vehicle trips, and transit trips equal 3.5 percent of the total person trips) to estimate transit trip generation. Pursuant to the CMP guidelines, the proposed project is forecast to generate demand for one transit trip during the weekday AM peak hour and two transit trips during the weekday PM peak hour. Over a 24-hour period, the proposed project is forecast to generate demand for 115 weekday daily transit trips. The calculations are as follows: ● Weekday AM Peak Hour = 199 × 1.4 × 0.035 = 10 patron trips; ● Weekday PM Peak Hour = 212 × 1.4 × 0.035 = 5 patron trips; and, ● Weekday Daily Trips = 2,348 × 1.4 × 0.035 = 87 patron trips. 103 Los Angeles County Department of Regional Planning. Los Angeles County Airport Land Use Commission (ALUC), Airport Layout Plan. http://planning.lacounty.gov/assets/upl/project/aluc_compton-plan.pdf CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.16 ● TRANSPORTATION & CIRCULATION IMPACTS PAGE 111 Therefore, given the number of transit trips generated by the project and the existing transit routes in the project vicinity, it is concluded that the existing public transit system would not be significantly impacted by the proposed project and any potential impacts are expected to be less than significant. 3.16.3 CUMULATIVE IMPACTS The implementation of the proposed project is expected to degrade the LOS for four intersections. This will affect traffic at a City-wide level in the absence of mitigation. As a result, mitigation measures are provided below to reduce potential impacts to levels that are less than significant. 3.16.4 MITIGATION MEASURES The proposed use will result in impacts to two intersections. Therefore, the following mitigation measures are required: Mitigation Measure No. 6 (Transportation & Circulation Impacts). The curb cuts serving the project site must have sufficient width to accommodate vehicles entering and exiting the site simultaneously. Mitigation Measure No. 7 (Transportation & Circulation Impacts). The drive-thru lanes and drive aisles must be designed in a manner to ensure that they do not contribute to vehicle queuing off-site. Mitigation Measure No. 8 (Transportation & Circulation Impacts). Truck deliveries must occur during the off-peak hours so that they do not contribute to off-site congestion. Mitigation Measure No. 9 (Transportation & Circulation Impacts). Access to the parking stalls must be maintained free and clear at all times. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.17 ● TRIBAL CULTURAL RESOURCES PAGE 112 3.17 TRIBAL CULTURAL RESOURCES 3.17.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on utilities if it results in any of the following: ● A substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k). ● A substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is a resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the Lead Agency shall consider the significance of the resource to a California Native tribe. 3.17.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project cause a substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? ● Less than Significant Impact. A Tribal Resource is defined in Public Resources Code section 21074 and includes the following: ● Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: included or determined to be eligible for inclusion in the California Register of Historical Resources or included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. ● A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.17 ● TRIBAL CULTURAL RESOURCES PAGE 113 ● A cultural landscape that meets the criteria of subdivision (a) is a tribal cultural resource to the extent that the landscape is geographically defined in terms of the size and scope of the landscape. ● A historical resource described in Section 21084.1, a unique archaeological resource as defined in subdivision (g) of Section 21083.2, or a “non-unique archaeological resource” as defined in subdivision (h) of Section 21083.2 may also be a tribal cultural resource if it conforms with the criteria of subdivision (a). The project site is located within the cultural area that was formally occupied by the Gabrielino-Kizh. As part of the AB-52 consultation with the tribal representatives, review of the project was completed. The tribal representatives indicated that the project site may have cultural significance with the tribe due to the site’s location 1.12 miles to the south of the channelized Los Angeles River (the letter issued by the Gabrielino-Kizh is provided in Appendix B).104 Two additional tribes, the Soboba Band of Luiseno Indians and the Torres Martinez Desert Cahuilla Indians requested consultation from the City. A letter was subsequently prepared by the Gabrielino-Kizh indicating that the site is located within the jurisdiction of the Gabrielino-Kizh and that the AB-52 consultation process had been undertaken amongst the City, consultant, and the tribal representative. The Soboba Band of Luiseno Indians and the Torres Martinez Desert Cahuilla Indians have not responded to the letter. Furthermore, according to Mrs. Totton, Associate Governmental Program Analyst for the Native American Heritage Commission, when conflicting mitigation is provided by different tribes, it is ultimately up to the lead agency to determine which mitigation to use. The decision to use a particular mitigation over another must be clarified in the Tribal Cultural Resources Section of an MND/EIR. As indicated previously, the Soboba Band of Luiseno Indians and the Torres Martinez Desert Cahuilla Indians have not responded to the letter and no additional mitigation measures have been provided. Adherence to the mitigation provided in Subsection 3.5.2.B will minimize the potential impacts to levels that are less than significant. B. Would the project cause a substantial adverse change in the significance of a tribal cultural resources, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American Tribe, and that is a resource determined by the Lead Agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the Lead Agency shall consider the significance of the resource to a California Native tribe? ● Less than Significant Impact. The project site is located within the cultural area that was formally occupied by the Gabrielino-Kizh. As part of the AB-52 consultation with the tribal representatives, review of the project was completed. As part of this review and consultation, the tribal representatives indicated that the project site may have cultural significance with the tribe due to the site’s location within 1.12 miles to the south of the channelized Los Angeles River. 104 Google Earth. Website accessed January 24, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.17 ● TRIBAL CULTURAL RESOURCES PAGE 114 3.17.3 CUMULATIVE IMPACTS The potential impacts related to tribal resources. Furthermore, the analysis also determined that the implementation of the proposed project would not result in any impacts on cultural resources. As a result, no cumulative impacts will occur as part of the implementation of the proposed project. 3.17.4 MITIGATION MEASURES The analysis of tribal resources indicated that no significant impacts would result from the proposed project’s implementation. As a result, no mitigation is required. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 115 3.18 UTILITIES IMPACTS 3.18.1 THRESHOLDS OF SIGNIFICANCE According to Appendix G of the CEQA Guidelines, a project may be deemed to have a significant adverse impact on utilities if it results in any of the following: ● An exceedance of the wastewater treatment requirements of the applicable Regional Water Quality Control Board; ● The construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts; ● The construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects; ● An overcapacity of the storm drain system causing area flooding; ● A determination by the wastewater treatment provider that serves or may serve the project that it has inadequate capacity to serve the project’s projected demand; ● The project will be served by a landfill with insufficient permitted capacity to accommodate the project’s solid waste disposal needs; ● Non-compliance with Federal, State, and local statutes and regulations relative to solid waste; ● A need for new systems, or substantial alterations in power or natural gas facilities; or, ● A need for new systems, or substantial alterations in communications systems. 3.18.2 ANALYSIS OF ENVIRONMENTAL IMPACTS A. Would the project exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? ● Less than Significant Impact. The City owns its own sewerage collection system which discharges into the system managed by the Los Angeles County Sanitation Districts (LACSD). The majority of Vernon is within District 23, but also contains territory in Districts 1 and 2.105 These Districts, along with more than a dozen others, are signatories to a Joint Outfall Agreement. This agreement provides for the operation and maintenance of an interconnected Joint Operating System of wastewater collection, treatment, reuse, and disposal facilities across a large portion of the urban region. The Joint Operating System includes the following treatment plants: Joint Water Pollution Control Plant, Carson; Whittier Narrows Water Reclamation Plant (WRP), near South El Monte; Los Coyotes WRP, Cerritos; San Jose Creek WRP, near Industry; Long Beach 105 Los Angeles County Sanitation Districts. www.lacsd.org/about/serviceareamap.asp. Site accessed April 25, 2017 CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 116 WRP, Long Beach; and Pomona WRP, Pomona. All of the sewerage generated in Vernon is treated by the Joint Water Pollution Control agency. The possible destinations for effluent produced by the project includes the Los Coyotes WRP, which has a design capacity of 37.5 million gallons per day (mgd) and currently processes an average flow of 31.8 mgd; the Joint Water Pollution Control Plant (JWPCP), which has a design capacity of 385 mgd and currently processes an average flow of 326.1 mgd; or the Long Beach WRP, which has a design capacity of 25 mgd and currently processes an average flow of 20.2 mgd.106 Table 3-15 indicates the future wastewater generation in gallons per day. According to Table 3-15, the proposed project is anticipated to produce approximately 2,690 gallons of effluent per day. The proposed project will connect with an existing sewer line in Slauson Avenue. The existing sewer line has sufficient capacity to accommodate the projected flows. Adequate sewage collection and treatment are currently available at the aforementioned WRPs. Therefore, project implementation will not exceed wastewater treatment requirements and the impacts are considered to be less than significant. B. Would the project require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental impacts? ● No Impact. As indicated previously, the proposed project will generate approximately 2,690 gallons of wastewater a day. The proposed project will connect to an existing sewer line located in Slauson Avenue. In addition, the future wastewater generation will be within the treatment capacity of the aforementioned WRPs. Therefore, no new water and wastewater treatment facilities will be needed to accommodate the excess effluent generated by the proposed project and no impacts will occur. C. Would the project require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ● Less than Significant Impact. The project’s implementation will not require the construction of new stormwater drainage facilities. Once constructed, the project will not introduce polluted runoff into the existing storm drain system. In addition, the project will not create excess runoff that will exceed the capacity of the existing storm water drainage system. The project Applicant will be required to implement the construction and operational Best Management Practices (BMPs) identified in the Water Quality Management Plan (WQMP). These 106 Los Angeles County Sanitation Districts. Long Beach Water Reclamation Plant. http://www.lacsd.org/wastewater/wwfacilities/joint_outfall_system_wrp/long_beach.asp Table 3-15 Wastewater (Effluent) Generation (gals/day) Use Unit Factor Generation Specialty Retail 27,000 square feet 0.08 gals/sq.ft. 2,181 gals/day Fast Food 6,000 square feet 0.08 gals/sq.ft. 508.8 gals/day Total 2,690 gals/day Source: Blodgett Baylosis Environmental Planning, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 117 operational BMPs will reduce the amount of stormwater runoff discharged into the streets. Stormwater will be detained on-site and gradually discharged into the local storm drains. The vegetation that is present within the biofiltration/detention basins and in the bioswales will effectively filter out contaminants present in runoff. Additional filters and drains provided below the surface vegetation will ensure maximum filtration. Supplementary mechanisms including grate inlet filters capture larger materials such as garbage, soils, leaves, etc before they are discharged into the local storm drains. During construction, the contractors must adhere to the minimum BMPs for the construction site. These BMPs include the limiting of grading during rain events; planting vegetation on slopes; covering slopes susceptible to erosion; maintaining stockpiles of soil on-site; and containing runoff, spills, and equipment on-site. Implementation of the above-mentioned BMPs will reduce potential impacts to levels that are less than significant. D. Would the project have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ● Less than Significant Impact with Mitigation. Three water agencies supply water to the businesses, residents, and utilities in Vernon. The majority of the City’s water is supplied by the City of Vernon’s Water Department. The area north of the Los Angeles River and east of a line just west of Indiana Street is supplied by the California Water Service Company (Cal Water), East Los Angeles District. The small portion of Vernon south of the Los Angeles River and east of Atlantic Boulevard is serviced by Maywood Mutual Water Company Number 3. The City’s water distribution system consists of 250,000 linear feet of pipe, nine wells, seven ground-level reservoirs, one elevated tank, and a below-ground reservoir. The total storage capacity is 16 million gallons. In addition, Vernon has a direct interconnection to the Metropolitan Water District (MWD).107 According to the City’s 2010 Urban Water Management Plan, the City is anticipated to have a supply of 21,689 acre-feet of water by the year 2020. Demand for water is projected to total 13,800 acre-feet of water, thus the City is expected to have a surplus of 7,989 acre-feet of water.108 Table 3-16 shows the amount of water that will be consumed by the proposed project. According to Table 3-16, the proposed project is projected to consume 3,363 gallons of water on a daily basis. California has experienced a prolonged drought over the past six years. In response to this drought, Governor Brown announced emergency legislation aimed at reducing water consumption. Governor 107 Civiltech Engineering, Inc. City of Vernon 2010 Urban Water Management Plan. June 2011. 108 Ibid. Table 3-16 Water Consumption (gals/day) Use Unit Factor Generation Specialty Retail 27,000 square feet 0.10 gals/sq.ft. 2,727 gals/day Fast Food 6,000 square feet 0.11 gals/sq.ft. 636 gals/day Total 3,363 gals/day Source: Blodgett Baylosis Environmental Planning, 2017. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 118 Brown signed an Executive Order in April of 2015 in which cities, including Vernon, are required to reduce their citywide water consumption by 25 percent. Governor Brown also outlined other initiatives that would include fines for those consumers that fail to conserve water. Even though the demand for water generated by the proposed project will not exceed City water supplies, the proposed project should incorporate features that aim to reduce water consumption on a larger scale. As a result, the following mitigation has been recommended: ● The project Applicant will be required to install Xeriscape, or landscaping with plants that require less water, as an alternative to traditional landscaping and turf. According to the Los Angeles County Department of Public Works, the addition of Xeriscape can reduce outdoor water consumption by as much as 50 percent. ● The Applicant shall install high-efficiency, WaterSense labeled toilets in order to reduce water consumption. Installing high efficiency toilets will reduce long term operating costs by consuming less water. The Applicant shall also install WaterSense faucets in all restrooms, which can reduce a sink’s water flow by 30 percent. Adherence to the mitigation provided above will mitigate potential impacts to levels that are less than significant. E. Would the project result in a determination by the wastewater treatment provider, which serves or may serve the project that it has inadequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ● Less than Significant Impact. As indicated previously, the project will result in an increase of 2,690 gallons of wastewater a day. The possible destinations for effluent produced by the project includes the Los Coyotes WRP, which has a design capacity of 37.5 million gallons per day (mgd) and currently processes an average flow of 31.8 mgd; the Joint Water Pollution Control Plant (JWPCP), which has a design capacity of 385 mgd and currently processes an average flow of 326.1 mgd; or the Long Beach WRP, which has a design capacity of 25 mgd and currently processes an average flow of 20.2 mgd.109 The project will connect to the existing sewer lines along Slauson Avenue. No new treatment facilities or expanded entitlements will be required. In addition, no upgrades to the existing off-site sewer lines would be required to accommodate the proposed use. As a result, the impacts are anticipated to be less than significant. F. Would the project be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? ● Less than Significant Impact. Trash collection is provided by 19 different non-exclusive franchise haulers for disposal into the Commerce Incinerator or at the area MRF facilities and/or landfills. In addition, the Los Angeles County Sanitation District selected the Mesquite Regional Landfill in Imperial County as the new target destination for the County’s waste (as an alternative to the closed Puente Hills landfill). The Mesquite Regional Landfill in The nearby Puente Hills Transfer Station/Materials Recovery Facility (MRF) is able to accept 4,440 tons 109 Los Angeles County Sanitation Districts. Long Beach Water Reclamation Plant. http://www.lacsd.org/wastewater/wwfacilities/joint_outfall_system_wrp/long_beach.asp CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 119 per day of solid waste. Waste may also be transferred to the Downey Area Recycling and Transfer Facility, the South Gate Transfer Station, and the Southeast Resource and recovery facility. The proposed project is anticipated to generate 1,386 pounds of solid waste per day as shown in Table 3-17. The Olinda Alpha landfill, as well as the many other alternatives, has sufficient capacity to accommodate waste generated by the proposed project. As a result, the impacts are expected to be less than significant. G. Would the project comply with Federal, State, and local statutes and regulations related to solid waste? ● No Impact. The proposed use, like all other development in the City, will be required to adhere to all pertinent ordinances related to waste reduction and recycling. As a result, no impacts on the existing regulations pertaining to solid waste generation will result from the proposed project’s implementation. 3.18.3 CUMULATIVE IMPACTS The potential impacts related to water line and sewer line capacities are site specific. Furthermore, the analysis herein also determined that the proposed project would not result in any significant adverse impacts on utility infrastructure and/or services. As a result, no cumulative impacts on utilities will occur. 3.18.4 MITIGATION MEASURES The analysis determined that the following mitigation would be required to address potential impacts to water consumption. These mitigation measures are identified below: Mitigation Measure No. 10 (Utilities Impacts). The project Applicant will be required to install Xeriscape, or landscaping with plants that require less water, as an alternative to traditional landscaping and turf. According to the Los Angeles County Department of Public Works, the addition of Xeriscape can reduce outdoor water consumption by as much as 50 percent. Mitigation Measure No. 11 (Utilities Impacts). The Applicant shall install high-efficiency, WaterSense labeled toilets in order to reduce water consumption. Installing high efficiency toilets will reduce long term operating costs by consuming less water. The Applicant shall also install WaterSense faucets in all restrooms, which can reduce a sink’s water flow by 30 percent. Table 3-17 Solid Waste Generation (lbs/day) Use Unit Factor Generation Specialty Retail 27,000 square feet 42 lbs/day/sq.ft. 1,134 lbs/day/sq.ft. Fast Food 6,000 square feet 42 lbs/day/sq.ft. 252 lbs/day/sq.ft. Total 1,386 lbs/day/sq.ft. Source: Blodgett Baylosis Environmental Planning, 2016. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 3.18 ● UTILITIES IMPACTS PAGE 120 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 4 ● CONCLUSIONS PAGE 121 SECTION 4 CONCLUSIONS 4.1 MANDATORY FINDINGS OF SIGNIFICANCE The following findings can be made regarding the mandatory findings of significance set forth in Section 15065 of the CEQA Guidelines based on the results of this environmental assessment: ● The approval and subsequent implementation of the proposed project will not have the potential to degrade the quality of the environment, with the implementation of the recommended standard conditions and mitigation measures included herein. ● The approval and subsequent implementation of the proposed project will not have the potential to achieve short-term goals to the disadvantage of long-term environmental goals, with the implementation of the recommended standard conditions and mitigation measures referenced herein. ● The approval and subsequent implementation of the proposed project will not have impacts that are individually limited, but cumulatively considerable, when considering planned or proposed development in the immediate vicinity, with the implementation of the recommended standard conditions and mitigation measures contained herein. ● The approval and subsequent implementation of the proposed project will not have environmental effects that will adversely affect humans, either directly or indirectly, with the implementation of the recommended standard conditions and mitigation measures contained herein. ● The Initial Study indicated there is no evidence that the proposed project will have an adverse effect on wildlife resources or the habitant upon which any wildlife depends. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 4 ● CONCLUSIONS PAGE 122 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 5 ● REFERENCES PAGE 123 SECTION 5 REFERENCES 5.1 PREPARERS BLODGETT BAYLOSIS ENVIRONMENTAL PLANNING 16388 E. Colima Road, Suite 206J Hacienda Heights, California 91745 (626) 336-0033 Marc Blodgett, Project Manager Bryan Hamilton, Project Planner Liesl Sullano, Project Planner 5.2 REFERENCES Bugliarello, et. al., The Impact of Noise Pollution, Chapter 127, 1975. California Administrative Code, Title 24, Energy Conservation, 1990. California Department of Fish and Wildlife, Natural Diversity Database, 2017. California Division of Mines and Geology, Seismic Hazards Mapping Program, 2012. California Department of Parks and Recreation, California Historical Landmarks, 2004. California Office of Planning and Research, California Environmental Quality Act and the CEQA Guidelines, as amended 2016. California, State of California Public Resources Code Division 13, The California Environmental Quality Act. Chapter 2.5, Section 21067 and Section 21069.2012. Vernon, City of. Vernon General Plan. Vernon, City of. Zoning Ordinance. Federal Emergency Management Agency, Flood Insurance Rate Map, 2017. South Coast Air Quality Management District, CEQA Air Quality Handbook, 2000. South Coast Air Quality Management District, Air Quality Management Plan, 2016. U.S. Bureau of the Census, 2010 U.S. Census, 2010. CITY OF VERNON ● MITIGATED NEGATIVE DECLARATION & INITIAL STUDY VERNON PLAZA ● 3165 EAST SLAUSON AVENUE ● CONDITIONAL USE PERMIT (CUP) SECTION 5 ● REFERENCES PAGE 124 THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. TRAFFIC IMPACT STUDY VERNON PLAZA 3165 SLAUSON AVENUE VERNON, CALIFORNIA ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Prepared for SHEWAK & LAJWANTI HOLDINGS, LLC 5601 Downey Road Vernon, CA 90058 Attn.: Mr. Bhart Manwani Tel: 323-587-0800 Email: bmanwani@slhomefasions.com ♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦♦ Prepared by Crown City Engineers, Inc. 1475 Glen Oaks Boulevard Pasadena, CA 91105 Tel: 818-730-1970 Under the Supervision of: Patrick B. Lang, P.E Registered Traffic Engineer May 15, 2018 CCE2016-24 PBL/MYR SU BM ITT ED Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page i May 15, 2018 TRAFFIC IMPACT STUDY VERNON PLAZA 3165 SLAUSON AVENUE VERNON, CALIFORNIA TABLE OF CONTENTS TITLE PAGE PREPARER’S CERTIFICATION ..................................................................................................... iii EXECUTIVE SUMMARY ................................................................................................................. iv INTRODUCTION .............................................................................................................................. 1 REPORT METHODOLOGY ............................................................................................................. 2 Study Approach ................................................................................................................... 2 Level of Service Criteria ...................................................................................................... 2 EXISTING ROADWAY SYSTEM AND TRAFFIC VOLUMES ......................................................... 5 Existing Circulation Network ............................................................................................... 5 Existing Traffic Volumes ..................................................................................................... 8 EXISTING 2017 TRAFFIC CONDITIONS ....................................................................................... 8 OPENING YEAR 2017 PRE-PROJECT CONDITIONS ................................................................ 11 2018 Pre-project Conditions ............................................................................................. 11 PROPOSED PROJECT ................................................................................................................. 16 Project Description ............................................................................................................ 16 Project Trip Generation ..................................................................................................... 18 Trip Distribution and Assignment ...................................................................................... 18 2018 CUMULATIVE CONDITIONS WITH PROJECT TRAFFIC ................................................... 22 2018 Post-Project Cumulative Traffic Volumes With Project ............................................ 22 PROJECT IMPACT AND MITIGATION MEASURES .................................................................... 24 PARKING DEMAND ANALYSIS .................................................................................................... 26 CONCLUSION ............................................................................................................................... 27 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page ii May 15, 2018 TABLE OF CONTENTS (Contd.) TABLES NO. TITLE PAGE 1. Level of Service Definitions ................................................................................................. 3 2. Level of Service Criteria ...................................................................................................... 4 3. Existing Conditions (2017) Level of Service Summary ..................................................... 11 4. Trip Generation by Related Projects ................................................................................. 14 5. 2018 Pre-project Conditions Level of Service Summary .................................................. 16 6. Trip Generation by Project ................................................................................................ 19 7. Future 2018 Level of Service Summary with Project ........................................................ 24 8. Existing and Future 2018 Level of Service Summary with and without Project ............... 25 FIGURES NO. TITLE PAGE 1. Vicinity Map ......................................................................................................................... 6 2. Aerial View of Circulation network ...................................................................................... 7 3. Existing Lane Configuration at Key Intersections ............................................................... 9 4. Existing 2017 Traffic Volumes at Key Intersections .......................................................... 10 5. Related Projects’ Location and Traffic Volumes ............................................................... 12 6. Future 2018 Pre-Project Traffic Volumes.......................................................................... 15 7. Project Site Plan ................................................................................................................ 17 8. Percentages of Project Related Trip Distribution .............................................................. 20 9. Distribution of Project Related Traffic ............................................................................... 21 10. Future 2018 Post-project Cumulative Traffic Volumes ..................................................... 23 TECHNICAL APPENDIX Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page iii May 15, 2018 PREPARER’S CERTIFICATION TRAFFIC IMPACT STUDY VERNON PLAZA 3165 SLAUSON AVENUE VERNON, CALIFORNIA This is to certify that the above titled traffic study has been prepared under the supervision of Patrick B. Lang, P.E, a Professional Traffic Engineer, registered in the State of California. _________________________ 05-15-2018_ __________________________ Patrick B. Lang, P.E, Date Professional Engineer’s Stamp Registration #: TR-875 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page iv May 15, 2018 TRAFFIC IMPACT STUDY VERNON PLAZA 3165 SLAUSON AVENUE VERNON, CALIFORNIA EXECUTIVE SUMMARY The purpose of this traffic impact analysis is to evaluate the impacts on traffic circulation system due to the proposed Vernon Plaza development at 3165 Slauson Avenue in the City of Vernon, California. The project site is located on the northeast corner of the intersection of Slauson Avenue and Boyle Avenue. The project consists of demolishing existing uses on-site and constructing 2 new retail buildings for 22,000 square feet retail uses (in Building 1) and 5,000 square feet retail uses and 3,000 square feet food use (in Building 2), plus a separate 3,000 square feet (plus a 250 square feet outside patio seating area) drive-thru quick service restaurant. Study objectives include: • Documentation of existing 2017 traffic conditions in the vicinity of the site. • Determination of Project Opening Year (2018) traffic conditions and level of service (LOS) without and with the project. • Determination of project related impacts to the circulation system, and • Identification of mitigation measures to reduce any significant impacts to a level of insignificance. The study included evaluation of the following five key signalized intersections in the vicinity of the site: • Slauson Avenue and Boyle Avenue • Slauson Avenue and Soto Street • Slauson Avenue and Alcoa Avenue • Boyle Avenue and Fruitland Avenue • Boyle Avenue-State Street and Randolph Street Turning movement volumes for the key intersections were calculated from manual traffic counts conducted at the intersections during the month of February 2017. Traffic volumes were counted during the peak hours of 7:00 to 9:00 AM and 4:00 to 6:00 PM on a typical weekday (Wednesday, 2/22/2017). The vehicle counts on Slauson Avenue and Boyle Avenue are assumed to contain 15% trucks, and therefore, the existing traffic Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page v May 15, 2018 volumes are expressed in terms of passenger car equivalents (PCE) by applying a 2.0 PCE factor (i.e., 1 truck = 2.0 passenger cars) to truck volumes on these streets. Peak hour inbound and outbound counts were conducted at the existing driveways on- site to determine existing traffic volumes that will be eliminated due to demolition of existing uses. These volumes were deducted from project’s trip generation to determine net new trips to be generated by the project. The proposed Vernon Plaza project is estimated to generate a net total of approximately 2,420 new two-way trips per day, with 258 trips during the AM peak hour (129 inbound and 129 outbound), and 128 trips during the PM peak hour (62 inbound and 66 outbound). The project will provide a full-access driveway on Boyle Avenue, and a 35 feet wide driveway and a 40 feet wide driveway on Slauson Avenue, approximately 136 feet and 320 feet, respectively, from the curb return at Boyle Avenue. However, the length of the existing raised median on Slauson Avenue is approximately 288 feet, and the length of the westbound left-turn lane is approximately 190 feet, measured from the curb return at Boyle Avenue. For these reasons, adequate storage length will not be available in the two-way turn lane in front of the 40 feet driveway to allow left-turn inbound movement into the 40 feet driveway. This driveway along with the 27 feet wide driveway on Slauson Avenue (approximately 136 feet from the curb return at Boyle Avenue) will be restricted to right-in/right-out movements only. Based on the results of the traffic impact analysis, the proposed Slauson-Boyle Retail Center project would significantly impact two of the five key intersections analyzed in the surrounding roadway system. These intersections are: • Slauson Avenue and Boyle Avenue • Slauson Avenue and Soto Street The addition of project traffic will cause increases in the V/C ratios at these intersections in excess of the significance thresholds of project related impacts as defined in the City’s Traffic Study Guidelines. Therefore, off-site intersection mitigation measures would be necessary for the development of this project. The mitigation measures will include adding 1 right-turn lane on the eastbound approach of the intersection of Slauson Avenue and Boyle Avenue by restriping, and adding 1 right-turn lane on the northbound approach of the intersection of Slauson Avenue and Soto Street by restriping. The curb-to-curb width of Slauson Avenue west of Boyle Avenue is 68’, which will allow restriping of one 12’ and one 11’ lane in the westbound direction, and a 2’ center median, one 11’ left-turn lane, two 10’ through lanes and one (new) 12’ right-turn lane in the eastbound direction. The length of this new right-turn lane should be a minimum of 150 feet. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page vi May 15, 2018 The curb-to-curb width of Soto Street south of Slauson Avenue is 64’, which will allow restriping of one 12’ and one 10’ lane in the southbound direction, and one 10’ left-turn lane, two 10’ through lanes and one (new) 12’ right-turn lane in the northbound direction. The length of this new right-turn lane should be a minimum of 210 feet. The westbound left turn lane on Slauson Avenue at Boyle Avenue is currently 190 feet long. The project site plan shows that this left-turn lane will be extended to 265 feet by removing existing median and reconstructing a new median on Slauson Avenue in front of the project’s 40’ driveway. The future left-turn traffic volume is estimated to be a maximum of 305 vehicles per hour during the peak hours. A 90-second signal cycle will have 40 cycles per hour. Therefore, there will be a maximum of 8 vehicles in the left- turn lane per cycle. Assuming 1 truck and 7 cars, and 65 feet storage length per truck and 25 feet storage length per car, these vehicles will require 240 feet of storage length in the left-turn lane. The proposed 265 feet left-turn lane will be adequate to meet the requirement. The project’s parking requirement will be a total of 158 spaces. The project will provide a total of 159 spaces on-site plus a total of 10 spaces in the queuing area for the drive- thru services of quick service restaurant. Therefore, the parking requirement for the project will be adequately satisfied by the parking spaces to be provided on-site. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 1 May 15, 2018 TRAFFIC IMPACT STUDY VERNON PLAZA 3165 SLAUSON AVENUE VERNON, CALIFORNIA INTRODUCTION The purpose of this traffic impact analysis is to evaluate the impacts on traffic circulation system due to the proposed Vernon Plaza development at 3165 Slauson Avenue in the City of Vernon, California. The project site is located on the northeast corner of the intersection of Slauson Avenue and Boyle Avenue. The project consists of demolishing existing uses on-site and constructing 2 new retail buildings for 22,000 square feet retail uses (in Building 1) and 5,000 square feet retail uses and 3,000 square feet food use (in Building 2), plus a separate 3,000 square feet (plus a 250 square feet outside patio seating area) drive-thru quick service restaurant. The following are the key objectives of the study: • Documentation of existing 2017 traffic conditions in the vicinity of the site. • Determination of Project Opening Year (2018) traffic conditions and level of service (LOS) without and with the project. • Determination of project related impacts to the circulation system, and • Identification of mitigation measures to reduce any significant impacts to a level of insignificance. The report provides data regarding existing operational characteristics of traffic in the general vicinity of the project, as well as an analysis of the proposed project’s impacts to these existing and anticipated future traffic conditions. The report identifies and quantifies the impacts at key intersections and attempts to addresses the most appropriate and reasonable mitigation strategies at any impacted intersections which are identified to be operating at a deficient level of service. This report investigates existing 2017 and anticipated future 2018 opening year traffic operating conditions. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 2 May 15, 2018 REPORT METHODOLOGY STUDY APPROACH This report approaches the task of identifying and quantifying the anticipated impacts to the circulation system with a structured, “building block” methodology. The first step is to inventory and quantify existing conditions. Upon this foundation of fact, a travel forecast model is structured for the entire project area and calibrated to produce reliable output, verifiable with the existing data. With the project traffic calculated and distributed onto the study area, at the anticipated opening year of the project in 2018, the travel forecast model is utilized to assess the project traffic impacts at that time. The model utilizes a growth factor for traffic based upon regional guidelines, as well as the traffic anticipated to be introduced from the proposed project to produce the travel forecast and level-of-service data for the future target year. The trip generation estimate is based on the 9th edition of Institute of Transportation Engineers (ITE)’s “Trip Generation” manual. Research and interviews have been conducted with local and regional agencies to identify and characterize the most probable trip distribution patterns within the study area. Project impacts are identified for the future year 2018 conditions. At those intersections operating deficiently (e.g., at a level worse than LOS D) and significantly impacted by the proposed project, a mitigation measure is identified and applied, and a before-and- after mitigation analysis conducted. LEVEL OF SERVICE CRITERIA Roadway operations and the relationship between capacity and traffic volumes are generally expressed in terms of levels of service (LOS). Levels of service are defined as LOS A through F. These levels recognize that, while an absolute limit exists as to the amount of traffic traveling through a given intersection (the absolute capacity), the conditions that motorists experience deteriorate rapidly as traffic approaches the absolute capacity. Under such conditions, congestion is experienced. There is generally instability in the traffic flow, which means that relatively small incidents (e.g., momentary engine stall) can cause considerable fluctuations in speeds and delays. This near-capacity situation is labeled LOS E. Beyond LOS E, capacity is exceeded, and arriving traffic will exceed the ability of the intersection to accommodate it. An upstream queue will form and continue to expand in length until the demand volume reduces. A complete description of the meaning of level of service can be found in the Highway Research Board’s Special Report 209 titled Highway Capacity Manual. The manual establishes the definitions for levels of service A through F. Brief descriptions of the six levels of service, as extracted from the manual, are listed in Table 1. The thresholds of level of service for unsignalized and signalized intersections are shown in Table 2. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 3 May 15, 2018 TABLE 1 LEVEL OF SERVICE DEFINITIONS LOS Description A No approach phase is fully utilized by traffic and no vehicle waits longer than one red indication. Typically, the approach appears quite open, turns are made easily and nearly all drivers find freedom of operation. B This service level represents stable operation, where an occasional approach phase is fully utilized and a substantial number are approaching full use. Many drivers begin to feel restricted within platoons of vehicles. C This level still represents stable operating conditions. Occasionally, drivers have to wait through more than one red signal indication, and backups may develop behind turning vehicles. Most drivers feel somewhat restricted. D This level encompasses a zone of increasing restriction approaching instability at the intersection. Delays to approaching vehicles may be substantial during short peaks within the peak period; however, enough cycles with lower demand occur to permit periodic clearance of developing queues, thus preventing excessive backups. E Capacity occurs at the upper end of this service level. It represents the most vehicles that any particular intersection can accommodate. Full utilization of every signal cycle is seldom attained no matter how great the demand. F This level describes forced flow operations at low speeds, where volumes exceed capacity. These conditions usually result from queues of vehicles backing up from restriction downstream. Speeds are reduced substantially and stoppages may occur for short or long periods of time due to congestion. In the extreme case, both speed and volume can drop to zero. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 4 May 15, 2018 TABLE 2 LEVEL OF SERVICE CRITERIA Level of Service Signalized & Unsignalized Intersection Volume to Capacity (V/C) Ratio A ≤ 0.60 B > 0.60 – 0.70 C > 0.70 – 0.80 D > 0.80 – 0.90 E > 0.90 – 1.00 F > 1.00 LOS D is the minimum threshold at all key intersections in the urbanized areas. The traffic study guidelines require that traffic mitigation measures be identified to provide for operations at the minimum threshold levels. For the study area intersections, the Intersection Capacity Utilization (ICU) procedure has been utilized to determine intersection levels of service. Levels of service are presented for the entire intersection, consistent with the local and regional agency policies. While the level of service concept and analysis methodology provides an indication of the performance of the entire intersection, the single letter grade A through F cannot describe specific operational deficiencies at intersections. Progression, queue formation, and left-turn storage are examples of the operational issues that affect the performance of an intersection, but do not factor into the strict calculation of level of service. However, it provides a volume to capacity (V/C) ratio that is more meaningful when identifying a project’s impact and developing mitigation measures. Therefore, this V/C ratio information is included in describing an intersection’s operational performance under various scenarios. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 5 May 15, 2018 EXISTING ROADWAY SYSTEM AND TRAFFIC VOLUMES EXISTING CIRCULATION NETWORK To assess future operating conditions both with and without the proposed project, existing traffic conditions within the study area were evaluated. Figure 1, Vicinity Map, illustrates the existing circulation network within the study area as well as the location of the proposed project. Figure 2 shows an aerial view of the circulation network. Major east-west regional access to the site is provided by Slauson Avenue. Major north-south regional access is provided by Boyle Avenue. The project would provide one full-access driveway on Boyle Avenue and two right-in/right-out access driveways on Slauson Avenue. The following paragraphs provide a brief description of the characteristics of the existing roadways which comprise the circulation network of the study area, providing regional and local access to the project. SLAUSON AVENUE. Slauson Avenue is an east-west major arterial street in the vicinity of the project, with two travel lanes in each direction. Directional travel is separated by raised median islands as well as double yellow stripes along the center. The street is approximately 72 feet wide and posted with a speed limit of 35 miles per hour. Most of the key intersections along Slauson Avenue, including the intersection at Boyle Avenue, Alcoa Avenye, Soto Street, are signalized. Exclusive left-turn lanes are provided at most intersections. On-street parking is not permitted along the sides of the street I the vicinity of intersections. The average daily volume on Slauson Avenue in the project vicinity is approximately 21,400 vehicles per day (assuming PM peak hour volume counted on Slauson Avenue represents approximately 10% of its average daily traffic volume). BOYLE AVENUE. Boyle Avenue is a north-south major arterial street in the vicinity of the project, with two travel lanes in each direction. Directional travel is separated by double yellow stripes along the center. The street is approximately 60 feet wide and posted with a speed limit of 35 miles per hour. Most of the key intersections along Boyle Avenue, including the intersection at Slauson Avenue, Fruitland Avenue, and Randolph Street, are signalized. Exclusive left-turn lanes are provided at most intersections. On-street parking is not permitted along the sides of the street in the vicinity of intersections. The average daily volume on Boyle Avenue in the project vicinity is approximately 18,750 vehicles per day (assuming PM peak hour volume counted on Boyle Avenue represents approximately 10% of its average daily traffic volume). Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 6 May 15, 2018 FIGURE 1: VICINITY MAP SITE N N Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 7 May 15, 2018 FIGURE 2: AERIAL VIEW OF CIRCULATION NETWORK N SITE Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 8 May 15, 2018 EXISTING TRAFFIC VOLUMES For the purpose of evaluating existing operating conditions as well as future operating conditions with and without the proposed project, the study area was carefully selected in accordance with local traffic study guidelines. Turning movement volumes for the key intersections were calculated from manual traffic counts conducted at the intersections during the month of February 2017. Traffic volumes were counted during the peak hours of 7:00 to 9:00 AM and 4:00 to 6:00 PM on a typical weekday (Wednesday, 2/22/2017). The following 5 key intersections would be analyzed in the study: • Slauson Avenue and Boyle Avenue • Slauson Avenue and Soto Street • Slauson Avenue and Alcoa Avenue • Boyle Avenue and Fruitland Avenue • Boyle Avenue-State Street and Randolph Street The project’s existing conditions (as well as future conditions) analysis includes data collection including existing intersection traffic volumes, traffic controls and lane geometrics, parking and pedestrian facilities, a review of existing land uses, and determination of existing levels of service (LOS) at these intersections. Existing lane configurations at the key intersections are shown in Figure 3. Existing turning movement volumes for AM and PM peak hour conditions are shown in Figure 4. The vehicle counts on Slauson Avenue and Boyle Avenue are assumed to contain 15% trucks, and therefore, the existing traffic volumes are expressed in terms of passenger car equivalents (PCE) by applying a 2.0 PCE factor (i.e., 1 truck = 2.0 passenger cars) to truck volumes on these streets. Detailed turning movement counts at the intersections are included in the Technical Appendix of this report. EXISTING 2017 TRAFFIC CONDITIONS Year 2017 existing traffic conditions were evaluated using the Intersection Capacity Utilization (ICU) procedure of level of service (LOS) analysis. Table 3 presents the existing condition intersection level of service (LOS) analysis summary. Detailed calculations relating to the study intersections are included in the Technical Appendix of this report. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 9 May 15, 2018 FIGURE 3: EXISTING LANE CONFIGURATION AT KEY INTERSECTIONS N N Legend: = Lane for indicated movement 1 9 3 2 N 5 4 SITE Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 10 May 15, 2018 FIGURE 4: EXISTING 2017 TRAFFIC VOLUMES AT KEY INTERSECTIONS Legend: XX(XX) = AM(PM) Peak Hour Volume N 252(85) 979(1057) 98(147) (128)150 (1060)871 (109)36 65-720-173 (42)(282)(156) (127)(754)(122) 92-236-108 349(66) 409(257) 36(49) (84)158 (379)304 (105)65 158-1386-61 (81)(539)(24) (137)(1320)(170) 89-453-68 N N 1 5 3 2 4 79(48) 1029(1053) 252(298) (39)75 (956)950 (95)110 301-1061-293 (144)(315)(209) (59)(980)(67) 33-285-36 (52)86 (1067)830 (28)71 23-11-15 (54)(19)(42) (75)(20)(76) 25-18-31 84(36) 1173(1067) 46(30) 25(18) 351(210) 110(108) 0(0) 0(0) (27)34 (470)183 (109)25 (617)390 (148)97 (449)385 115-1038-85 (36)(360)(72) 0-778-305 (0)(1252)(180) (29)(951)(29) 14-217-3 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 11 May 15, 2018 TABLE 3 EXISTING CONDITIONS (2017) LEVEL OF SERVICE SUMMARY Intersection Peak Hour Existing 2017 Conditions LOS V/C Ratio 1. Slauson Avenue and Boyle Avenue AM PM F F 1.044 1.038 2. Slauson Avenue and Soto Street AM PM E D 0.933 0.867 3. Slauson Avenue and Alcoa Avenue AM PM A A 0.587 0.567 4. Boyle Avenue and Fruitland Avenue AM PM C D 0.716 0.865 5. Boyle Avenue-State Street and Randolph Street AM PM D C 0.811 0.783 As shown in the table, three of the five study intersections are currently operating at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. The intersection of Slauson Avenue and Boyle Avenue operates at a deficient LOS F during both the AM peak and PM peak hours. The intersection of Slauson Avenue and Soto Street operates at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection operates at an acceptable LOS D. OPENING YEAR 2018 PRE-PROJECT CONDITIONS 2018 PRE-PROJECT CONDITIONS A 1.0 percent per year annual traffic growth rate was applied to existing traffic volumes to create a 2018 base condition (i.e., a factor of 1.02 was applied to 2017 volumes to obtain 2018 base traffic volumes due to ambient growth). This annual traffic growth rate accounts for the population growth within the study area and traffic from any other minor projects to be developed in the study area. Per City’s records, there are five (5) other related projects located in the vicinity of the project that will contribute to cumulative traffic volumes with the development of this project. The locations of these related projects are shown in Figure 5. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 12 May 15, 2018 FIGURE 5: RELATED PROJECT LOCATIONS AND PEAK HOUR VOLUMES Legend: XX(XX) = AM(PM) Peak Hour Volume = Study Intersection = Related Project Number N N N 1 5 3 2 0(0) 0(0) 0(0) (0)0 (0)0 (0)0 0- 20 - 0 (0)(8)(0) (0)(20)(0) 0 – 8 - 0 0(0) 10(50) 10(30) (0)0 (15)50 (0)0 0 – 30 - 20 (0)(15)(10) (0)(25)(0) 0 – 20 - 0 10(5) 0(0) 0(0) (10)15 (0)0 (0)0 0- 40 - 0 (0)(35)(0) (0)(30)(10) 0-55-15 0(0) 10(5) 0(0) (0)0 (10)15 (0)0 0 – 0 - 0 (0) (0) (0) (0)(0)(0) 0 – 0 - 0 0(0) 0(0) 0(0) (0)0 (0)0 (0)0 0 – 30 - 0 (0)(25)(0) (0)(20)(0) 0 – 45 - 0 1 2 5 4 3 X 4 X Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 13 May 15, 2018 Trip generation estimates for these related projects were developed by using nationally recognized and recommended rates contained in “Trip Generation” manual, 9th edition, published by the Institute of Transportation Engineers (ITE). Table 4 shows a summary of trip generation estimates for the related projects. It is estimated that the related projects will generate approximately 3,152 trips per average day (1,576 inbound and 1,576 outbound). The average weekday net new peak hour trips will be approximately 266 trips during the AM peak hour (210 inbound and 56 outbound), and 282 trips during the PM peak hour (70 inbound and 212outbound). Figure 5 also shows traffic volumes from these projects distributed to the study intersections. The projected peak hour traffic volumes from these projects were added to existing traffic volumes with ambient growth at the study intersections to represent a 2018 pre- project traffic condition for the AM and PM peak hours. Figure 6 shows future 2018 pre-project traffic volumes at the study intersections. This pre-project traffic condition was evaluated using the Intersection Capacity Utilization (ICU) method of level of service (LOS) analysis for signalized intersections. The LOS and V/C ratios for the study intersections under 2018 pre-project conditions (without project) are shown in Table 5. Detailed calculations relating to the study intersections are included in the Technical Appendix of this report. As the results indicate, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours, the intersection would operate a deficient LOS E. . Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 14 May 15, 2018 TABLE 4 TRIP GENERATION BY RELATED PROJECTS Land Use (ITE Code) Size & Unit Trip Generation Rate Average Traffic Volume Daily Total AM Peak Hour PM Peak Hour Daily Total AM Peak Hour PM Peak Hour Total %IN %OUT Total %IN %OUT IN OUT Total IN OUT Total Related Project 1: Boyle Ave/Fruitland Ave - 36,200 sf Industrial (Xebec Realty Properties) W/Hse (150) 36.200 KSF 3.56 0.30 79% 21% 0.32 25% 75% 155 10 3 13 3 10 13 Related Project 2: 4901 Boyle Ave – 83,654 sf Industrial (Xebec Realty Partners) W/Hse (150) 83.654 KSF 3.56 0.30 79% 21% 0.32 25% 75% 357 24 6 30 8 24 32 Related Project 3: 5370 Boyle Ave – 196,984 sf Industrial (Xebec Realty Partners) W/Hse (150) 196.984 KSF 3.56 0.30 79% 21% 0.32 25% 75% 842 56 15 71 19 57 76 Related Project 4: 3200 Fruitland Ave – 302,300 sf Industrial (Planet Earth Recycling) W/Hse (150) 302.300 KSF 3.56 0.30 79% 21% 0.32 25% 75% 1,291 86 23 109 29 87 116 Related Project 5: 5001 Soto St.: 118,714 sf Industrial (Bell Air Soto, LLC) W/Hse (150) 118.714 KSF 3.56 0.30 79% 21% 0.32 25% 75% 507 34 9 43 11 34 45 TOTAL 3,152 210 56 266 70 212 282 Note: All rates are average rates. For all industrial uses, rates for warehouse were applied and 20% of trips were assumed to be trucks trips, which were converted into passenger car equivalents (PCE), i. e., 1 truck = 2 passenger cars. [Ref: Institute of Transportation Engineers (ITE)'s "Trip Generation", 9th Edition, 2009] Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 15 May 15, 2018 FIGURE 6: 2018 PRE-PROJECT TRAFFIC VOLUMES AT KEY INTERSECTIONS Legend: XX(XX) = AM(PM) Peak Hour Volume N 254(86) 988(1067) 99(149) (129)151 (1071)879 (110)36 66-747-175 (42)(293)(158) (128)(782)(123) 93-246-109 251(67) 413(260) 36(49) (85)160 (383)307 (106)66 159-1430-62 (81)(570)(24) (138)(1353)(172) 89-503-69 N N 1 5 3 2 4 90(54) 1040(1064) 254(301) (49)90 (965)959 (96)112 304-1112-296 (145)(353)(211) (59)(1020)(77) 34-343-51 (52)87 (1088)854 (28)72 23-11-15 (55)(19)(42) (76)(20)(77) 25-18-31 85(36) 1195(1083) 46(30) 25(18) 365(262) 121(139) 0(0) 0(0) (27)34 (490)235 (110)25 (617)390 (148)97 (449)385 116-1079-106 (36)(379)(83) 0-778-305 (0)(1252)(180) (29)(986)(29) 14-240-3 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 16 May 15, 2018 TABLE 5 2018 PRE-PROJECT CONDITIONS LEVEL OF SERVICE SUMMARY Intersection Peak Hour Future 2018 Pre-Project Conditions LOS V/C Ratio 1. Slauson Avenue and Boyle Avenue AM PM F F 1.066 1.048 2. Slauson Avenue and Soto Street AM PM E D 0.939 0.873 3. Slauson Avenue and Alcoa Avenue AM PM A A 0.590 0.569 4. Boyle Avenue and Fruitland Avenue AM PM C E 0.737 0.901 5. Boyle Avenue-State Street and Randolph Street AM PM D C 0.828 0.796 PROPOSED PROJECT PROJECT DESCRIPTION The project site is located on the northeast corner of the intersection of Slauson Avenue and Boyle Avenue in the City of Vernon, California. The project consists of demolishing all existing structures on-site, and constructing a 22,000-square foot building for retail use, an 8,000-square foot building for 5,000 square feet retail use and 3,000 square feet fast-food (Subway type) restaurant use, and a 3,000-square foot building (plus a 250 square feet outside patio seating area) for a quick service restaurant with drive-thru service. A total of approximately 159 parking spaces will be provided on-site, and there will be a 10-space drive-thru queuing lane for the quick service restaurant. Access to the site will be provided via one full-access driveway on Boyle Avenue and two right-turn in/right- turn out access driveways on Slauson Avenue. Figure 7 shows the proposed site plan for the project. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 17 May 15, 2018 Figure 7: PROJECT SITE PLAN Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 18 May 15, 2018 PROJECT TRIP GENERATION In order to accurately assess future traffic conditions with the proposed project, trip generation estimates were developed for the project. Trip generation rates for the project are based on the nationally recognized recommendations contained in “Trip Generation” manual, 9th edition, published by the Institute of Transportation Engineers (ITE). In addition, information from ITE manual was used to estimate pass-by trips for the proposed fast-food restaurants. Peak hour inbound and outbound counts were conducted at the existing driveways on-site to determine existing traffic volumes that will be eliminated due to demolition of existing uses. These volumes were deducted from project’s trip generation to determine net new trips to be generated by the project. Table 6 shows a summary of trip generation estimates for the project. It is estimated that the project will generate approximately 2,420 net new trips per average day (1,210 inbound and 1,210 outbound). The average weekday net new peak hour trips will be approximately 258 trips during the AM peak hour (129 inbound and 129 outbound), and 128 trips during the PM peak hour (62 inbound and 66 outbound). TRIP DISTRIBUTION AND ASSIGNMENT Arrival and departure distribution patterns for project-generated traffic were estimated based upon a review of circulation patterns within the study area network and regional traffic generation and attraction characteristics. The project will provide two driveways on Slauson Avenue – a 35 feet wide driveway, approximately 136 feet from the curb return at Boyle Avenue, and a 40 feet wide driveway, approximately 320 feet from the curb return at Boyle Avenue. However, the length of the existing raised median on Slauson Avenue is approximately 288 feet, and the length of the westbound left-turn lane is approximately 190 feet, measured from the curb return at Boyle Avenue. For these reasons, adequate storage length will not be available in the two-way turn lane in front of the 40 feet driveway to allow left-turn inbound movement into the 40 feet driveway. Figure 8 depicts the regional trip distribution percentages to and from the site. Figure 9 shows project traffic at the study intersections during the AM and PM peak hours. . Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 19 May 15, 2018 TABLE 6 TRIP GENERATION BY VERNON PLAZA ITE Land Use Code Land Use Description Weekday Trips Daily AM Peak Hour PM Peak Hour Total In Out Total In Out 826 Building 1: Specialty Retail Rate1: 44.34 6.84 48% 52% 2.71 44% 56% 22.000 KSF 976 150 72 78 60 26 34 Less 30% Pass-by2 294 45 22 23 18 8 10 Net Retail Trips 682 105 50 55 42 18 24 826 Building 2: Specialty Retail Rate1: 44.34 6.84 48% 52% 2.71 44% 56% 5.000 KSF 222 34 16 18 14 6 8 Less 30% Pass-by2 68 10 5 5 4 2 2 Net Retail Trips 154 24 11 13 10 4 6 933 Building 2: Fast-food Restaurant Rate1: 716.00 43.87 60% 40% 26.15 51% 49% 3.000 KSF 2,148 132 79 53 78 40 38 Less 50% Pass-by3 1,074 65 39 26 39 20 19 Net Fast-food Restaurant Trips 1,074 65 39 26 39 20 19 934 Quick Service Restaurant W/ Drive-Thru Rate1: 496.12 49.35 51% 49% 33.84 52% 48% 3.250 KSF 1,612 160 82 78 110 58 52 Less 50% Pass-by3 806 80 41 39 55 29 26 Net Restaurant Trips 806 80 41 39 55 29 26 Net Total Trips 2,716 274 141 133 146 71 75 Less Existing On-site Trips to be Removed4 296 16 12 4 18 9 9 Net New Trips 2,420 258 129 129 128 62 66 1 Daily and Peak Hour Trip Generation Rates are from ITE "Trip Generation" Manual, 9th Edition. 2 A 30% pass-by trips was assumed to be appropriate for specialty retail centers as an average rate per regional guidelines, such as City of L. A’s Traffic Study Policy and Procedure which recommends to use 10% pass-by trips for specialty retail and 50% pass-by trips for shopping centers (less than 50,000 sf). 3 A 20% and 50% pass-by trips was assumed to be appropriate for fast-food restaurants and fast- food restaurants with drive-thru, respectively, per regional guidelines, such as City of L. A’s Traffic Study Policy and Procedure which recommends to use 20% pass-by trips for high turn/over restaurants and 50% pass-by trips for fast-food restaurants with drive-thru. 4 Based on actual manual counts taken at the driveways during the peak hours. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 20 May 15, 2018 SITE FIGURE 8: PERCENTAGES OF PROJECT RELATED TRIPS DISTRIBUTION Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 21 May 15, 2018 FIGURE 9: DISTRIBUTION OF PROJECT TRAFFIC VOLUME Legend: XX(XX) = AM(PM) Peak Hour Volume N 13(6) 19(12) 7(3) (0)0 (10)21 (0)0 0 0 – 0 - 6 (0)(0)(3) (0)(0)(6) 0 – 0 - 13 7(3) 0(0) 0(0) (3)6 (0)0 (0)0 0 – 7 - 0 (0)(3)(0) (3)(3)(3) 7 – 7 - 6 N N 1 5 3 2 4 0(0) 19(10) 9(4) (19)40 (0)0 (0)0 0 – 20 - 0 (0)(9)(0) (11)(5)(20) 20-10-39 (3)7 (14)26 (3)7 6 – 0 - 0 (3)(0)(0) (3)(0)(0) 6 – 0 - 0 0(0) 26(13) 0(0) 0(0) 0(0) 6(3) 0(0) 0(0) (0)0 (0)0 (3)7 (617)390 (148)97 (449)385 7 – 20 - 7 (3) (11) (3) (0)(10)(0) 0 – 20 - 0 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 22 May 15, 2018 2018 CUMULATIVE CONDITIONS WITH PROJECT TRAFFIC 2018 POST-PROJECT CUMULATIVE TRAFFIC VOLUMES WITH PROJECT The project related traffic volumes were added to future (2018) traffic volumes to generate a future Post-Project traffic condition. Figure 10 shows future (2018) plus project related traffic volumes at key circulation locations during the AM and PM peak hours. Future Post-Project (2018) traffic conditions were evaluated using the Intersection Capacity Utilization (ICU) method. Detailed calculations relating to the study intersections are included in the Technical Appendix. The LOS and V/C ratios for the study intersections under future (2017) ambient plus project conditions (with project) are summarized in Table 7. As the results indicate, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours, the intersection would operate at a deficient LOS E. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 23 May 15, 2018 FIGURE 10: FUTURE (2018) CUMULATIVE PLUS PROJECT TRAFFIC VOLUMES Legend: XX(XX) = AM(PM) Peak Hour Volume N 259(70) 413(260) 36(49) (88)165 (383)307 (106)66 159-1437-62 (81)(573)(24) (141)(1357)(175) 96-509-74 N N 1 5 3 2 4 90(54) 1058(1074) 263(305) (68)129 (965)959 (96)112 304-1132-296 (145)(362)(211) (70)(1025)(98) 54-353-90 (55)94 (1102)879 (31)79 29-11-15 (58)(19)(42) (79)(20)(77) 31-18-31 85(36) 1221(1096) 46(30) 25(18) 365(262) 127(142) 0(0) 0(0) (27)34 (490)235 (113)32 (617)390 (148)97 (449)385 123-1098-113 (39)(388)(86) 0-778-305 (0)(1252)(180) (29)(995)(29) 14-259-3 (129)151 (1081)899 (110)36 66-747-181 (42)(293)(161) (128)(782)(129) 93-246-122 268(92) 1007(1078) 105(152) Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 24 May 15, 2018 TABLE 7 FUTURE CUMULATIVE PLUS PROJECT CONDITIONS (2018) LEVEL OF SERVICE Intersection Peak Hour Future Cumulative Plus Project (2018) Conditions LOS V/C Ratio 1. Slauson Avenue and Boyle Avenue AM PM F F 1.102 1.055 2. Slauson Avenue and Soto Street AM PM E D 0.959 0.878 3. Slauson Avenue and Alcoa Avenue AM PM A A 0.604 0.575 4. Boyle Avenue and Fruitland Avenue AM PM C E 0.745 0.910 5. Boyle Avenue-State Street and Randolph Street AM PM D C 0.836 0.799 PROJECT IMPACT AND MITIGATION MEASURES As indicated in the previous section, with the addition of project related traffic, two of the study intersections will continue to operate at a Level of Service (LOS) D or better (i.e., within the range of acceptable thresholds of LOS A through D) during the AM and PM peak hours. However, the intersection of Slauson Avenue and Boyle Avenue would continue to operate at a deficient LOS F during both the AM peak and PM peak hours. Also, the intersection of Slauson Avenue and Soto Street would continue to operate at a deficient LOS E during the AM peak hour, while during the PM peak hours, the intersection would operate at an acceptable LOS D. The intersection of Boyle Avenue and Fruitland Avenue would operate at LOS C during the AM peak hour, while during the PM peak hours, the intersection would operate at a deficient LOS E. A project’s off-site traffic impact is considered to be significant if the increase in V/C ratio is 0.04 or more at LOS C, or 0.02 or more at LOS D, or 0.01 or more at LOS E and F. The results of all existing and future (with and without Project) LOS analysis have been summarized in Table 8 to compare Project’s traffic impact at key intersections. The project’s off-site traffic impact would be determined significant at these intersections based on the increase in the Volume to Capacity (V/C) ratio due to the project. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 25 May 15, 2018 TABLE 8 FUTURE 2018 LEVEL OF SERVICE WITH AND WITHOUT PROJECT Intersection Peak Hour Future 2018 Conditions Increase in V/C Ratio by Project Without Project With Project LOS V/C LOS V/C 1. Slauson Avenue and Boyle Avenue AM PM F F 1.066 1.048 F F 1.102 1.055 0.036 0.007 2. Slauson Avenue and Soto Street AM PM E D 0.939 0.873 E D 0.959 0.878 0.020 0.005 3. Slauson Avenue and Alcoa Avenue AM PM A A 0.590 0.569 A A 0.604 0.575 0.014 0.006 4. Boyle Avenue and Fruitland Avenue AM PM C E 0.737 0.901 C E 0.745 0.910 0.008 0.009 5. Boyle Avenue-State Street and Randolph Street AM PM D C 0.828 0.796 D C 0.836 0.799 0.008 0.003 As shown in the table, the increase in V/C ratio by project traffic would exceed the significance thresholds of project-related impacts at two intersections. These are: • Slauson Avenue and Boyle Avenue • Slauson Avenue and Soto Street Since the project’s traffic impacts would be considered significant at these intersections, off-site mitigation measures at these intersections would be necessary for the development of this project. The following mitigation measures have been identified at these intersections: Slauson Avenue and Boyle Avenue – Add 1 right-turn lane on the eastbound approach by restriping. This will reduce the intersection V/C ratios from 1.101 to 1.067 during the AM peak hour, and from 1.055 to 1.026 during the PM peak hour with project traffic. The resulting V/C ratios will be near or less than those without the project traffic (1.066 and 1.048, respectively), thereby mitigating the project’s impact. Slauson Avenue and Soto Street – Add 1 right-turn lane on the northbound approach by restriping. This will reduce the intersection V/C ratio from 0.959 to 0.903 during the AM peak hour, and keep the ratio at 0.878 during the PM peak hour with project traffic. The resulting V/C ratios will be near or less than those without the project traffic (0.903 and 0.878, respectively), thereby mitigating the project’s impact. Storage Length for the proposed eastbound right turn lane at Slauson Avenue and Boyle Avenue should be a minimum 150 feet and a maximum 180 feet. Storage Length for the proposed northbound right turn lane at Slauson Avenue and Soto Street should Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 26 May 15, 2018 be a minimum 210 feet and a maximum 265 feet. Standards and Calculations are as follows: Storage Length of Turn Lanes: Per Caltrans’ Highway Design Manual, at signalized intersections, the storage length may be based on one and one-half to two times the average number of vehicles that would store per signal cycle depending on cycle length, signal phasing, and arrival and departure rates. For a 90-second signal cycle (i.e., 40 cycles per hour) at the intersection of Slauson Avenue and Boyle Avenue where peak hour traffic volume is estimated to be a maximum of 112 vehicles per hour for the eastbound approach (with Project), a total of 2.8 vehicles would store per signal cycle. Therefore, proposed right turn storage length should be 2.8x1.5 = 4.2 to 2.8x2 = 5.6 vehicle length (25 feet per car and 65 feet per truck). Assuming 1 such vehicle would be a truck, the proposed storage length should be 3.2x25 + 65 ≈ 150 feet to 4.6x25 + 65 = 180 feet. For a 90-second signal cycle (i.e., 40 cycles per hour) at the intersection of Slauson Avenue and Soto Street where peak hour traffic volume is estimated to be a maximum of 181 vehicles per hour for the northbound approach (with Project), a total of 4.5 vehicles would store per signal cycle. Therefore, proposed right turn storage length should be 4.5x1.5 = 6.75 to 4.5x2 = 9.0 vehicle length (25 feet per car and 65 feet per truck). Assuming 1 such vehicle would be a truck, the proposed storage length should be 5.75x25 + 65 ≈ 210 feet to 8.0x25 + 65 = 265 feet. The westbound left turn lane on Slauson Avenue at Boyle Avenue is currently 190 feet long. The project site plan shows that this left-turn lane will be extended to 265 feet by removing existing median and reconstructing a new median on Slauson Avenue in front of the project’s 40’ driveway. The future estimated left-turn traffic volume is estimated to be a maximum of 305 vehicles per hour during the peak hours. A 90-second signal cycle will have 40 cycles per hour. Therefore, there will be a maximum of 8 vehicles in the left-turn lane per cycle. Assuming 1 truck and 7 cars, and 65 feet storage length per truck and 25 feet storage length per car, these vehicles will require 240 feet of storage length in the left-turn lane. The proposed 265 feet left-turn lane will be adequate to meet the requirement. PARKING DEMAND ANALYSIS Adequate parking spaces will be provided on-site for the proposed Vernon Plaza in accordance with the parking code requirements of the City of Vernon. The City’s requirement for parking for this project is 8 spaces per 1,000 square feet of restaurant floor area, and 4 spaces per 1,000 square feet of retail floor area. Total floor area of both food uses (3,000 sf in Retail Building 2 and 3,250 sf (including the 250 sf outside Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page 27 May 15, 2018 patio seating area) in quick service drive-thru restaurant) is 6,250 square feet. Therefore, parking requirement for restaurants is 50 spaces (Calculation: 6,250x8/1,000= 50). Total floor area of retail uses (5,000 sf in Retail Building 2 and 22,000 sf in Anchor Retail Building 1) is 27,000 square feet. Therefore, parking requirement for retail uses is 108 spaces (Calculation: 27,000x4/1,000= 108). The project’s total requirement for parking will be for 158 spaces (Calculation: 50 + 108 = 158). The project will provide a total of 159 spaces on-site plus a total of 10 spaces in the queuing area for the drive-thru services of quick service restaurant. Therefore, the parking requirement for the project will be adequately satisfied by the parking spaces to be provided on-site. CONCLUSION Based on the results of the traffic impact analysis, the proposed Vernon Plaza project would significantly impact two of the five key intersections analyzed in the surrounding roadway system. These intersections - Slauson Avenue and Boyle Avenue, and Slauson Avenue and Soto Street - would operate at an unacceptable deficient level of service LOS E or F during the AM and PM peak hours with 2018 post-project cumulative traffic volumes with project. The addition of project traffic will cause increases in the V/C ratios at these intersections in excess of the significance thresholds of project related impacts as defined in the City’s Traffic Study Guidelines. Therefore, off-site intersection mitigation measures would be necessary at these intersections for the development of this project. The mitigation measures will include adding 1 right-turn lane on the eastbound approach of the intersection of Slauson Avenue and Boyle Avenue by restriping, and adding 1 right- turn lane on the northbound approach of the intersection of Slauson Avenue and Soto Street by restriping. The curb-to-curb width of Slauson Avenue west of Boyle Avenue is 68’, which will allow restriping of one 12’ and one 11’ lane in the westbound direction, and a 2’ center median, one 11’ left-turn lane, two 10’ through lanes and one (new) 12’ right-turn lane in the eastbound direction. The length of this new right-turn lane should be a minimum of 150 feet. The curb-to-curb width of Soto Street south of Slauson Avenue is 64’, which will allow restriping of one 12’ and one 10’ lane in the southbound direction, and one 10’ left-turn lane, two 10’ through lanes and one (new) 12’ right-turn lane in the northbound direction. The length of this new right-turn lane should be a minimum of 210 feet. The project’s parking requirement will be a total of 158 spaces. The project will provide a total of approximately 159 spaces on-site plus a total of 10 spaces in the queuing lane for the drive-thru services of quick service restaurant. Therefore, the parking requirement for the project will be adequately satisfied by the parking spaces to be provided on-site. Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page A- 1 May 15, 2018 Technical Appendix Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page A- 2 May 15, 2018 Existing 2017 Traffic Counts of Turning Movements and Field Geometrics Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report Page A- 3 May 15, 2018 Intersection of Slauson Ave and Boyle Avenue File Name : Boyle_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 1 Groups Printed- Unshifted Boyle Ave Southbound Slauson Ave Westbound Boyle Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Int. Total 07:00 AM 17 45 8 50 171 15 55 188 61 21 153 21 805 07:15 AM 7 66 5 53 244 13 56 216 56 15 219 16 966 07:30 AM 10 75 10 55 233 12 63 267 61 14 197 20 1017 07:45 AM 6 48 5 54 201 11 80 235 75 15 212 25 967 Total 40 234 28 212 849 51 254 906 253 65 781 82 3755 08:00 AM 8 59 9 57 217 33 63 205 63 21 198 35 968 08:15 AM 12 49 4 43 188 21 59 228 55 13 169 15 856 08:30 AM 7 31 7 52 195 19 52 186 55 19 162 12 797 08:45 AM 5 35 6 53 183 17 50 142 48 16 143 19 717 Total 32 174 26 205 783 90 224 761 221 69 672 81 3338 04:00 PM 16 168 20 58 222 10 38 86 45 9 192 37 901 04:15 PM 15 158 13 53 243 10 24 63 36 10 224 41 890 04:30 PM 10 194 15 66 164 10 30 85 44 4 214 40 876 04:45 PM 19 217 15 67 224 10 32 77 36 4 180 38 919 Total 60 737 63 244 853 40 124 311 161 27 810 156 3586 05:00 PM 21 216 14 60 239 11 19 71 49 7 204 56 967 05:15 PM 12 230 15 70 220 11 25 70 38 7 209 43 950 05:30 PM 10 198 13 66 228 8 56 59 50 11 212 46 957 05:45 PM 15 208 9 63 229 12 25 74 45 9 206 38 933 Total 58 852 51 259 916 42 125 274 182 34 831 183 3807 Grand Total 190 1997 168 920 3401 223 727 2252 817 195 3094 502 14486 Apprch %8.1 84.8 7.1 20.2 74.8 4.9 19.2 59.3 21.5 5.1 81.6 13.2 Total %1.3 13.8 1.2 6.4 23.5 1.5 5 15.5 5.6 1.3 21.4 3.5 CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Boyle_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 2 Boyle Ave Southbound Slauson Ave Westbound Boyle Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 7 66 5 78 53 244 13 310 56 216 56 328 15 219 16 250 966 07:30 AM 10 75 10 95 55 233 12 300 63 267 61 391 14 197 20 231 1017 07:45 AM 6 48 5 59 54 201 11 266 80 235 75 390 15 212 25 252 967 08:00 AM 8 59 9 76 57 217 33 307 63 205 63 331 21 198 35 254 968 Total Volume 31 248 29 308 219 895 69 1183 262 923 255 1440 65 826 96 987 3918 % App. Total 10.1 80.5 9.4 18.5 75.7 5.8 18.2 64.1 17.7 6.6 83.7 9.7 PHF .775 .827 .725 .811 .961 .917 .523 .954 .819 .864 .850 .921 .774 .943 .686 .971 .963 Boyle Ave Slauson Ave Slauson Ave Boyle Ave Right 29 Thru 248 Left 31 InOut Total 1057 308 1365 Right69 Thru895 Left219 OutTotalIn1112 1183 2295 Left 262 Thru 923 Right 255 Out TotalIn 563 1440 2003 Left65 Thru826 Right96 TotalOutIn1186 987 2173 Peak Hour Begins at 07:15 AM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Boyle_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 3 Boyle Ave Southbound Slauson Ave Westbound Boyle Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:00 PM 05:00 PM 21 216 14 251 60 239 11 310 19 71 49 139 7 204 56 267 967 05:15 PM 12 230 15 257 70 220 11 301 25 70 38 133 7 209 43 259 950 05:30 PM 10 198 13 221 66 228 8 302 56 59 50 165 11 212 46 269 957 05:45 PM 15 208 9 232 63 229 12 304 25 74 45 144 9 206 38 253 933 Total Volume 58 852 51 961 259 916 42 1217 125 274 182 581 34 831 183 1048 3807 % App. Total 6 88.7 5.3 21.3 75.3 3.5 21.5 47.2 31.3 3.2 79.3 17.5 PHF .690 .926 .850 .935 .925 .958 .875 .981 .558 .926 .910 .880 .773 .980 .817 .974 .984 Boyle Ave Slauson Ave Slauson Ave Boyle Ave Right 51 Thru 852 Left 58 InOut Total 350 961 1311 Right42 Thru916 Left259 OutTotalIn1071 1217 2288 Left 125 Thru 274 Right 182 Out TotalIn 1294 581 1875 Left34 Thru831 Right183 TotalOutIn1092 1048 2140 Peak Hour Begins at 05:00 PM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com Page A- 7 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report May 15, 2018 Intersection of Slauson Ave and Soto Street File Name : Soto-Miles_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 1 Groups Printed- Unshifted Soto St Southbound Slauson Ave Westbound Miles Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Int. Total 07:00 AM 22 63 29 13 188 49 12 178 36 27 177 4 798 07:15 AM 27 49 31 16 220 48 8 190 32 33 194 8 856 07:30 AM 31 52 19 28 235 50 11 178 32 34 185 8 863 07:45 AM 22 64 18 20 195 61 26 194 51 38 215 9 913 Total 102 228 97 77 838 208 57 740 151 132 771 29 3430 08:00 AM 28 71 24 21 201 60 20 158 58 25 163 6 835 08:15 AM 22 65 21 19 186 45 11 146 39 31 173 6 764 08:30 AM 24 66 28 17 177 61 10 137 27 31 148 3 729 08:45 AM 22 54 25 21 204 36 8 105 24 27 153 7 686 Total 96 256 98 78 768 202 49 546 148 114 637 22 3014 04:00 PM 29 158 34 31 253 29 19 77 38 24 207 16 915 04:15 PM 25 162 35 36 231 14 9 85 29 37 215 12 890 04:30 PM 37 195 37 15 184 19 14 91 34 26 209 16 877 04:45 PM 31 152 38 31 249 25 8 67 33 33 198 18 883 Total 122 667 144 113 917 87 50 320 134 120 829 62 3565 05:00 PM 38 195 35 25 227 20 10 85 34 24 200 21 914 05:15 PM 30 162 29 38 238 16 8 70 39 31 226 24 911 05:30 PM 28 204 25 30 219 24 15 68 44 28 251 25 961 05:45 PM 26 193 38 35 235 14 9 59 39 28 245 25 946 Total 122 754 127 128 919 74 42 282 156 111 922 95 3732 Grand Total 442 1905 466 396 3442 571 198 1888 589 477 3159 208 13741 Apprch %15.7 67.7 16.6 9 78.1 13 7.4 70.6 22 12.4 82.2 5.4 Total %3.2 13.9 3.4 2.9 25 4.2 1.4 13.7 4.3 3.5 23 1.5 CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Soto-Miles_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 2 Soto St Southbound Slauson Ave Westbound Miles Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 27 49 31 107 16 220 48 284 8 190 32 230 33 194 8 235 856 07:30 AM 31 52 19 102 28 235 50 313 11 178 32 221 34 185 8 227 863 07:45 AM 22 64 18 104 20 195 61 276 26 194 51 271 38 215 9 262 913 08:00 AM 28 71 24 123 21 201 60 282 20 158 58 236 25 163 6 194 835 Total Volume 108 236 92 436 85 851 219 1155 65 720 173 958 130 757 31 918 3467 % App. Total 24.8 54.1 21.1 7.4 73.7 19 6.8 75.2 18.1 14.2 82.5 3.4 PHF .871 .831 .742 .886 .759 .905 .898 .923 .625 .928 .746 .884 .855 .880 .861 .876 .949 Soto St Slauson Ave Slauson Ave Miles Ave Right 92 Thru 236 Left 108 InOut Total 1069 436 1505 Right219 Thru851 Left85 OutTotalIn1038 1155 2193 Left 65 Thru 720 Right 173 Out TotalIn 352 958 1310 Left130 Thru757 Right31 TotalOutIn1008 918 1926 Peak Hour Begins at 07:15 AM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Soto-Miles_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 3 Soto St Southbound Slauson Ave Westbound Miles Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:00 PM 05:00 PM 38 195 35 268 25 227 20 272 10 85 34 129 24 200 21 245 914 05:15 PM 30 162 29 221 38 238 16 292 8 70 39 117 31 226 24 281 911 05:30 PM 28 204 25 257 30 219 24 273 15 68 44 127 28 251 25 304 961 05:45 PM 26 193 38 257 35 235 14 284 9 59 39 107 28 245 25 298 946 Total Volume 122 754 127 1003 128 919 74 1121 42 282 156 480 111 922 95 1128 3732 % App. Total 12.2 75.2 12.7 11.4 82 6.6 8.8 58.8 32.5 9.8 81.7 8.4 PHF .803 .924 .836 .936 .842 .965 .771 .960 .700 .829 .886 .930 .895 .918 .950 .928 .971 Soto St Slauson Ave Slauson Ave Miles Ave Right 127 Thru 754 Left 122 InOut Total 467 1003 1470 Right74 Thru919 Left128 OutTotalIn1200 1121 2321 Left 42 Thru 282 Right 156 Out TotalIn 977 480 1457 Left111 Thru922 Right95 TotalOutIn1088 1128 2216 Peak Hour Begins at 05:00 PM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com Page A- 11 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report May 15, 2018 Intersection of Slason Ave and Alcoa Avenue File Name : Alcoa_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 1 Groups Printed- Unshifted Alcoa Ave Southbound Slauson Ave Westbound Alcoa Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Int. Total 07:00 AM 8 5 13 15 190 18 4 0 2 20 161 10 446 07:15 AM 8 3 6 13 246 16 5 3 5 13 183 17 518 07:30 AM 10 5 8 5 244 19 8 2 2 17 172 17 509 07:45 AM 11 6 4 14 269 15 1 4 8 23 187 18 560 Total 37 19 31 47 949 68 18 9 17 73 703 62 2033 08:00 AM 2 4 7 8 261 23 9 2 0 22 180 10 528 08:15 AM 1 2 6 7 217 9 5 1 5 19 155 12 439 08:30 AM 4 6 7 6 215 12 8 4 5 16 143 10 436 08:45 AM 3 2 15 7 215 12 9 6 3 13 159 3 447 Total 10 14 35 28 908 56 31 13 13 70 637 35 1850 04:00 PM 19 7 15 9 260 9 21 6 9 9 219 3 586 04:15 PM 16 6 17 5 246 6 13 6 10 6 254 6 591 04:30 PM 18 3 18 7 193 5 9 7 13 17 242 7 539 04:45 PM 23 4 25 5 229 11 11 0 10 13 213 8 552 Total 76 20 75 26 928 31 54 19 42 45 928 24 2268 05:00 PM 31 2 22 2 233 9 21 2 3 7 209 3 544 05:15 PM 16 3 15 8 253 10 26 7 7 9 230 2 586 05:30 PM 26 2 22 3 236 7 10 4 3 12 212 4 541 05:45 PM 25 4 11 1 241 7 11 5 4 7 273 8 597 Total 98 11 70 14 963 33 68 18 17 35 924 17 2268 Grand Total 221 64 211 115 3748 188 171 59 89 223 3192 138 8419 Apprch %44.6 12.9 42.5 2.8 92.5 4.6 53.6 18.5 27.9 6.3 89.8 3.9 Total %2.6 0.8 2.5 1.4 44.5 2.2 2 0.7 1.1 2.6 37.9 1.6 CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Alcoa_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 2 Alcoa Ave Southbound Slauson Ave Westbound Alcoa Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 8 3 6 17 13 246 16 275 5 3 5 13 13 183 17 213 518 07:30 AM 10 5 8 23 5 244 19 268 8 2 2 12 17 172 17 206 509 07:45 AM 11 6 4 21 14 269 15 298 1 4 8 13 23 187 18 228 560 08:00 AM 2 4 7 13 8 261 23 292 9 2 0 11 22 180 10 212 528 Total Volume 31 18 25 74 40 1020 73 1133 23 11 15 49 75 722 62 859 2115 % App. Total 41.9 24.3 33.8 3.5 90 6.4 46.9 22.4 30.6 8.7 84.1 7.2 PHF .705 .750 .781 .804 .714 .948 .793 .951 .639 .688 .469 .942 .815 .965 .861 .942 .944 Alcoa Ave Slauson Ave Slauson Ave Alcoa Ave Right 25 Thru 18 Left 31 InOut Total 159 74 233 Right73 Thru1020 Left40 OutTotalIn768 1133 1901 Left 23 Thru 11 Right 15 Out TotalIn 120 49 169 Left75 Thru722 Right62 TotalOutIn1068 859 1927 Peak Hour Begins at 07:15 AM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Alcoa_Slauson Site Code : 00000000 Start Date : 2/22/2017 Page No : 3 Alcoa Ave Southbound Slauson Ave Westbound Alcoa Ave Northbound Slauson Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:00 PM 04:00 PM 19 7 15 41 9 260 9 278 21 6 9 36 9 219 3 231 586 04:15 PM 16 6 17 39 5 246 6 257 13 6 10 29 6 254 6 266 591 04:30 PM 18 3 18 39 7 193 5 205 9 7 13 29 17 242 7 266 539 04:45 PM 23 4 25 52 5 229 11 245 11 0 10 21 13 213 8 234 552 Total Volume 76 20 75 171 26 928 31 985 54 19 42 115 45 928 24 997 2268 % App. Total 44.4 11.7 43.9 2.6 94.2 3.1 47 16.5 36.5 4.5 93.1 2.4 PHF .826 .714 .750 .822 .722 .892 .705 .886 .643 .679 .808 .799 .662 .913 .750 .937 .959 Alcoa Ave Slauson Ave Slauson Ave Alcoa Ave Right 75 Thru 20 Left 76 InOut Total 95 171 266 Right31 Thru928 Left26 OutTotalIn1046 985 2031 Left 54 Thru 19 Right 42 Out TotalIn 70 115 185 Left45 Thru928 Right24 TotalOutIn1057 997 2054 Peak Hour Begins at 04:00 PM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com Page A- 15 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report May 15, 2018 Intersection of Boyle Ave and Fruitland Avenue File Name : Boyle_Fruitland Site Code : 00000000 Start Date : 2/22/2017 Page No : 1 Groups Printed- Unshifted Boyle Ave Southbound Fruitland Ave Westbound Boyle Ave Northbound Fruitland Ave Eastbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Int. Total 07:00 AM 1 34 3 21 89 9 27 190 15 8 41 5 443 07:15 AM 0 52 3 28 81 1 31 217 13 7 40 6 479 07:30 AM 2 42 2 40 108 6 23 255 16 6 54 4 558 07:45 AM 1 35 4 21 79 9 26 227 24 13 43 9 491 Total 4 163 12 110 357 25 107 889 68 34 178 24 1971 08:00 AM 0 60 3 21 83 9 20 204 21 8 46 6 481 08:15 AM 3 47 4 18 66 11 33 224 12 6 45 1 470 08:30 AM 2 24 2 7 74 4 29 184 14 7 34 1 382 08:45 AM 1 29 6 14 73 3 36 137 14 4 29 2 348 Total 6 160 15 60 296 27 118 749 61 25 154 10 1681 04:00 PM 3 163 6 16 51 2 13 79 19 1 78 14 445 04:15 PM 4 168 7 17 46 2 9 69 23 2 92 21 460 04:30 PM 8 193 4 23 52 3 6 95 20 11 107 27 549 04:45 PM 5 216 6 26 50 6 5 65 18 5 102 31 535 Total 20 740 23 82 199 13 33 308 80 19 379 93 1989 05:00 PM 6 211 6 29 61 5 9 79 7 7 118 27 565 05:15 PM 6 207 9 28 47 4 11 74 18 4 143 24 575 05:30 PM 8 205 4 7 47 3 13 61 16 4 98 26 492 05:45 PM 6 179 3 19 33 1 8 72 11 5 130 25 492 Total 26 802 22 83 188 13 41 286 52 20 489 102 2124 Grand Total 56 1865 72 335 1040 78 299 2232 261 98 1200 229 7765 Apprch %2.8 93.6 3.6 23.1 71.6 5.4 10.7 79.9 9.3 6.4 78.6 15 Total %0.7 24 0.9 4.3 13.4 1 3.9 28.7 3.4 1.3 15.5 2.9 CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Boyle_Fruitland Site Code : 00000000 Start Date : 2/22/2017 Page No : 2 Boyle Ave Southbound Fruitland Ave Westbound Boyle Ave Northbound Fruitland Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 0 52 3 55 28 81 1 110 31 217 13 261 7 40 6 53 479 07:30 AM 2 42 2 46 40 108 6 154 23 255 16 294 6 54 4 64 558 07:45 AM 1 35 4 40 21 79 9 109 26 227 24 277 13 43 9 65 491 08:00 AM 0 60 3 63 21 83 9 113 20 204 21 245 8 46 6 60 481 Total Volume 3 189 12 204 110 351 25 486 100 903 74 1077 34 183 25 242 2009 % App. Total 1.5 92.6 5.9 22.6 72.2 5.1 9.3 83.8 6.9 14 75.6 10.3 PHF .375 .788 .750 .810 .688 .813 .694 .789 .806 .885 .771 .916 .654 .847 .694 .931 .900 Boyle Ave Fruitland Ave Fruitland Ave Boyle Ave Right 12 Thru 189 Left 3 InOut Total 962 204 1166 Right25 Thru351 Left110 OutTotalIn260 486 746 Left 100 Thru 903 Right 74 Out TotalIn 324 1077 1401 Left34 Thru183 Right25 TotalOutIn463 242 705 Peak Hour Begins at 07:15 AM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Boyle_Fruitland Site Code : 00000000 Start Date : 2/22/2017 Page No : 3 Boyle Ave Southbound Fruitland Ave Westbound Boyle Ave Northbound Fruitland Ave Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:30 PM 04:30 PM 8 193 4 205 23 52 3 78 6 95 20 121 11 107 27 145 549 04:45 PM 5 216 6 227 26 50 6 82 5 65 18 88 5 102 31 138 535 05:00 PM 6 211 6 223 29 61 5 95 9 79 7 95 7 118 27 152 565 05:15 PM 6 207 9 222 28 47 4 79 11 74 18 103 4 143 24 171 575 Total Volume 25 827 25 877 106 210 18 334 31 313 63 407 27 470 109 606 2224 % App. Total 2.9 94.3 2.9 31.7 62.9 5.4 7.6 76.9 15.5 4.5 77.6 18 PHF .781 .957 .694 .966 .914 .861 .750 .879 .705 .824 .788 .841 .614 .822 .879 .886 .967 Boyle Ave Fruitland Ave Fruitland Ave Boyle Ave Right 25 Thru 827 Left 25 InOut Total 358 877 1235 Right18 Thru210 Left106 OutTotalIn558 334 892 Left 31 Thru 313 Right 63 Out TotalIn 1042 407 1449 Left27 Thru470 Right109 TotalOutIn266 606 872 Peak Hour Begins at 04:30 PM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com Page A- 19 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report May 15, 2018 Intersection of Boyle Avenue-State Street and Randolph Street File Name : Boyle-State_Randolph Site Code : 00000000 Start Date : 2/22/2017 Page No : 1 Groups Printed- Unshifted Boyle Ave Southbound Randolph St Westbound State St Northbound Randolph St Eastbound Start Time Left Thru Right Left Thru Right Left Thru Right Left Thru Right Int. Total 07:00 AM 9 83 18 9 68 38 20 265 9 41 48 12 620 07:15 AM 9 93 20 6 94 50 36 293 10 43 64 17 735 07:30 AM 14 96 23 9 107 48 45 317 6 41 67 17 790 07:45 AM 12 98 17 14 109 88 36 305 14 34 79 18 824 Total 44 370 78 38 378 224 137 1180 39 159 258 64 2969 08:00 AM 24 107 17 7 99 63 20 290 23 40 94 13 797 08:15 AM 19 87 21 11 69 61 34 264 26 27 81 13 713 08:30 AM 9 70 15 15 39 46 19 278 13 23 36 12 575 08:45 AM 8 83 19 9 35 21 14 205 9 21 22 8 454 Total 60 347 72 42 242 191 87 1037 71 111 233 46 2539 04:00 PM 32 235 37 9 65 17 15 120 5 25 101 31 692 04:15 PM 35 229 26 10 65 16 18 109 8 21 104 25 666 04:30 PM 20 274 34 13 59 18 18 113 4 26 77 24 680 04:45 PM 39 289 27 11 63 21 16 133 3 20 85 22 729 Total 126 1027 124 43 252 72 67 475 20 92 367 102 2767 05:00 PM 45 299 27 15 61 12 16 117 4 19 101 33 749 05:15 PM 44 286 31 10 74 15 20 106 10 19 116 26 757 05:30 PM 35 246 17 17 56 11 19 109 9 24 87 20 650 05:45 PM 46 270 31 10 69 17 15 102 14 32 101 27 734 Total 170 1101 106 52 260 55 70 434 37 94 405 106 2890 Grand Total 400 2845 380 175 1132 542 361 3126 167 456 1263 318 11165 Apprch %11 78.5 10.5 9.5 61.2 29.3 9.9 85.6 4.6 22.4 62 15.6 Total %3.6 25.5 3.4 1.6 10.1 4.9 3.2 28 1.5 4.1 11.3 2.8 CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Boyle-State_Randolph Site Code : 00000000 Start Date : 2/22/2017 Page No : 2 Boyle Ave Southbound Randolph St Westbound State St Northbound Randolph St Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 9 93 20 122 6 94 50 150 36 293 10 339 43 64 17 124 735 07:30 AM 14 96 23 133 9 107 48 164 45 317 6 368 41 67 17 125 790 07:45 AM 12 98 17 127 14 109 88 211 36 305 14 355 34 79 18 131 824 08:00 AM 24 107 17 148 7 99 63 169 20 290 23 333 40 94 13 147 797 Total Volume 59 394 77 530 36 409 249 694 137 1205 53 1395 158 304 65 527 3146 % App. Total 11.1 74.3 14.5 5.2 58.9 35.9 9.8 86.4 3.8 30 57.7 12.3 PHF .615 .921 .837 .895 .643 .938 .707 .822 .761 .950 .576 .948 .919 .809 .903 .896 .954 Boyle Ave Randolph St Randolph St State St Right 77 Thru 394 Left 59 InOut Total 1612 530 2142 Right249 Thru409 Left36 OutTotalIn416 694 1110 Left 137 Thru 1205 Right 53 Out TotalIn 495 1395 1890 Left158 Thru304 Right65 TotalOutIn623 527 1150 Peak Hour Begins at 07:15 AM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Boyle-State_Randolph Site Code : 00000000 Start Date : 2/22/2017 Page No : 3 Boyle Ave Southbound Randolph St Westbound State St Northbound Randolph St Eastbound Start Time Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Right App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:30 PM 04:30 PM 20 274 34 328 13 59 18 90 18 113 4 135 26 77 24 127 680 04:45 PM 39 289 27 355 11 63 21 95 16 133 3 152 20 85 22 127 729 05:00 PM 45 299 27 371 15 61 12 88 16 117 4 137 19 101 33 153 749 05:15 PM 44 286 31 361 10 74 15 99 20 106 10 136 19 116 26 161 757 Total Volume 148 1148 119 1415 49 257 66 372 70 469 21 560 84 379 105 568 2915 % App. Total 10.5 81.1 8.4 13.2 69.1 17.7 12.5 83.8 3.8 14.8 66.7 18.5 PHF .822 .960 .875 .954 .817 .868 .786 .939 .875 .882 .525 .921 .808 .817 .795 .882 .963 Boyle Ave Randolph St Randolph St State St Right 119 Thru 1148 Left 148 InOut Total 619 1415 2034 Right66 Thru257 Left49 OutTotalIn548 372 920 Left 70 Thru 469 Right 21 Out TotalIn 1302 560 1862 Left84 Thru379 Right105 TotalOutIn446 568 1014 Peak Hour Begins at 04:30 PM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com Page A- 23 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report May 15, 2018 Existing Driveways File Name : Driveway_BoyleAve Site Code : 00000000 Start Date : 2/22/2017 Page No : 1 Groups Printed- Unshifted Boyle Ave Southbound Apex Driveway Westbound Boyle Ave Northbound Start Time Left (IN)Left (OUT)Right (OUT)Right (IN)Int. Total 08:00 AM 2 0 0 3 5 08:15 AM 1 1 0 1 3 08:30 AM 0 1 1 3 5 08:45 AM 0 0 1 0 1 Total 3 2 2 7 14 04:00 PM 1 1 0 1 3 04:15 PM 0 1 2 2 5 04:45 PM 0 1 0 0 1 Total 1 3 2 3 9 05:00 PM 0 0 1 0 1 05:15 PM 0 0 1 1 2 05:30 PM 0 0 1 0 1 05:45 PM 0 0 1 0 1 Total 0 0 4 1 5 Grand Total 4 5 8 11 28 Apprch %100 38.5 61.5 100 Total %14.3 17.9 28.6 39.3 CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Driveway_BoyleAve Site Code : 00000000 Start Date : 2/22/2017 Page No : 2 Boyle Ave Southbound Apex Driveway Westbound Boyle Ave Northbound Eastbound Start Time Left (IN)App. Total Left (OUT)Right (OUT)App. Total Right (IN)App. Total App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 2 2 0 0 0 3 3 0 5 08:15 AM 1 1 1 0 1 1 1 0 3 08:30 AM 0 0 1 1 2 3 3 0 5 08:45 AM 0 0 0 1 1 0 0 0 1 Total Volume 3 3 2 2 4 7 7 0 14 % App. Total 100 50 50 100 PHF .375 .375 .500 .500 .500 .583 .583 .000 .700 Boyle Ave Slauson Ave Apex Driveway Boyle Ave Left (IN) 3 InOut Total 2 3 5 Right(OUT)2 Left(OUT)2 OutTotalIn10 4 14 Right (IN) 7 Out TotalIn 2 7 9 TotalOutIn0 0 0 Peak Hour Begins at 08:00 AM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Driveway_BoyleAve Site Code : 00000000 Start Date : 2/22/2017 Page No : 3 Boyle Ave Southbound Apex Driveway Westbound Boyle Ave Northbound Eastbound Start Time Left (IN)App. Total Left (OUT)Right (OUT)App. Total Right (IN)App. Total App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:00 PM 04:00 PM 1 1 1 0 1 1 1 0 3 04:15 PM 0 0 1 2 3 2 2 0 5 04:30 PM 0 0 0 0 0 0 0 0 0 04:45 PM 0 0 1 0 1 0 0 0 1 Total Volume 1 1 3 2 5 3 3 0 9 % App. Total 100 60 40 100 PHF .250 .250 .750 .250 .417 .375 .375 .000 .450 Boyle Ave Slauson Ave Apex Driveway Boyle Ave Left (IN) 1 InOut Total 2 1 3 Right(OUT)2 Left(OUT)3 OutTotalIn4 5 9 Right (IN) 3 Out TotalIn 3 3 6 TotalOutIn0 0 0 Peak Hour Begins at 04:00 PM Unshifted Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Driveway_SlausonAve Site Code : 00000000 Start Date : 2/22/2017 Page No : 1 Groups Printed- Bank 1 Apex Driveway Southbound Slauson Ave Westbound Start Time Right (OUT)Right (IN)Int. Total 08:45 AM 0 2 2 Total 0 2 2 04:00 PM 0 1 1 04:15 PM 3 4 7 04:45 PM 1 0 1 Total 4 5 9 05:00 PM 1 0 1 Total 1 0 1 Grand Total 5 7 12 Apprch %100 100 Total %41.7 58.3 CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Driveway_SlausonAve Site Code : 00000000 Start Date : 2/22/2017 Page No : 2 Apex Driveway Southbound Slauson Ave Westbound Northbound Eastbound Start Time Right (OUT)App. Total Right (IN)App. Total App. Total App. Total Int. Total Peak Hour Analysis From 07:00 AM to 11:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 0 0 0 0 0 0 0 08:15 AM 0 0 0 0 0 0 0 08:30 AM 0 0 0 0 0 0 0 08:45 AM 0 0 2 2 0 0 2 Total Volume 0 0 2 2 0 0 2 % App. Total 0 100 PHF .000 .000 .250 .250 .000 .000 .250 Apex Driveway Slauson Ave Slauson Ave Boyle Ave Right 0 InOut Total 2 0 2 Right(IN)2 OutTotalIn0 2 2 Out TotalIn 0 0 0 TotalOutIn0 0 0 Peak Hour Begins at 08:00 AM Bank 1 Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com File Name : Driveway_SlausonAve Site Code : 00000000 Start Date : 2/22/2017 Page No : 3 Apex Driveway Southbound Slauson Ave Westbound Northbound Eastbound Start Time Right (OUT)App. Total Right (IN)App. Total App. Total App. Total Int. Total Peak Hour Analysis From 12:00 PM to 05:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:00 PM 04:00 PM 0 0 1 1 0 0 1 04:15 PM 3 3 4 4 0 0 7 04:30 PM 0 0 0 0 0 0 0 04:45 PM 1 1 0 0 0 0 1 Total Volume 4 4 5 5 0 0 9 % App. Total 100 100 PHF .333 .333 .313 .313 .000 .000 .321 Apex Driveway Slauson Ave Slauson Ave Boyle Ave Right 4 InOut Total 5 4 9 Right(IN)5 OutTotalIn0 5 5 Out TotalIn 0 0 0 TotalOutIn4 0 4 Peak Hour Begins at 04:00 PM Bank 1 Peak Hour Data North CITY TRAFFIC COUNTERS www.ctcounters.com Page A- 30 Vernon: Vernon Plaza: Traffic Impact Analysis (TIA) Report May 15, 2018 Level of Service Analysis ICU Calculation Sheets Location:Slauson Avenue and Boyle Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-01 1 Problem Condition:Existing 2017 Traffic Conditions Existing Geometric Configuration (Count Date: 2/22/2017) Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 301 144 0 0 0 0 304 145 0.190 0.091 N/B Thru 2.0 3200 1061 315 0 0 0 0 1072 318 0.428 0.166 0.428 N/B Right 0.0 0 293 209 0 0 0 0 296 211 0.000 0.000 S/B Left 1.0 1600 36 67 0 0 0 0 36 67 0.023 0.042 0.023 S/B Thru 2.0 3200 285 980 0 0 0 0 288 990 0.101 0.328 S/B Right 0.0 0 33 59 0 0 0 0 34 59 0.000 0.000 E/B Left 1.0 1600 75 39 0 0 0 0 75 39 0.047 0.025 E/B Thru 2.0 3200 950 956 0 0 0 0 959 965 0.335 0.332 0.335 E/B Right 0.0 0 110 95 0 0 0 0 112 96 0.000 0.000 W/B Left 1.0 1600 252 298 0 0 0 0 254 301 0.159 0.188 0.159 W/B Thru 2.0 3200 1029 1053 0 0 0 0 1040 1064 0.350 0.348 W/B Right 0.0 0 79 48 0 0 0 0 80 49 0.000 0.000 0.944 0.100 1.044 F ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: CCE2016-24 Peak Hour Volumes 1.038 Other Proj. Existing Movement V/C Sum Of Critical V/C: PM 0.091 0.328 INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.938 0.332 0.188 Lanes Critical V/C Available Project Per Lane Study Vol. CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time: Total V/C: Level Of Service: ANALYSIS RESULTS : LOSTotal V/C F 0.100 Location:Slauson Avenue and Boyle Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-01 4 Problem Condition:Future 2018 Ambient With Related Projects Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 301 144 0 0 304 145 0.190 0.091 N/B Thru 2.0 3200 1061 315 40 35 0 0 1112 353 0.440 0.176 0.440 N/B Right 0.0 0 293 209 0 0 296 211 0.000 0.000 S/B Left 1.0 1600 36 67 15 10 0 0 51 77 0.032 0.048 0.032 S/B Thru 2.0 3200 285 980 55 30 0 0 343 1020 0.118 0.337 S/B Right 0.0 0 33 59 0 0 34 59 0.000 0.000 E/B Left 1.0 1600 75 39 15 10 0 0 90 49 0.057 0.031 E/B Thru 2.0 3200 950 956 0 0 959 965 0.335 0.332 0.335 E/B Right 0.0 0 110 95 0 0 112 96 0.000 0.000 W/B Left 1.0 1600 252 298 0 0 254 301 0.159 0.188 0.159 W/B Thru 2.0 3200 1029 1053 0 0 1040 1064 0.353 0.349 W/B Right 0.0 0 79 48 10 5 0 0 90 54 0.000 0.000 0.966 0.100 1.066 F ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: INTERSECTION CAPACITY UTILIZATION ANALYSIS CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Lanes Existing Other Proj.Project Study Vol. Per Lane PM 0.091 Sum Of Critical V/C:0.948 0.337 0.332 0.188 Total V/C LOS CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time:0.100 ANALYSIS RESULTS : Total V/C:1.048 Level Of Service: F Location:Slauson Avenue and Boyle Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-01 5 Problem Condition:Future 2018 Cumulative With Project Conditions Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 301 144 0 0 0 0 304 145 0.190 0.091 N/B Thru 2.0 3200 1061 315 40 35 20 9 1132 362 0.446 0.179 0.446 N/B Right 0.0 0 293 209 0 0 0 0 296 211 0.000 0.000 S/B Left 1.0 1600 36 67 15 10 39 20 90 97 0.056 0.061 0.056 S/B Thru 2.0 3200 285 980 55 30 10 5 353 1025 0.127 0.342 S/B Right 0.0 0 33 59 0 0 20 11 54 70 0.000 0.000 E/B Left 1.0 1600 75 39 15 10 40 19 130 68 0.082 0.043 E/B Thru 2.0 3200 950 956 0 0 0 0 959 965 0.335 0.332 0.335 E/B Right 0.0 0 110 95 0 0 0 0 112 96 0.000 0.000 W/B Left 1.0 1600 252 298 0 0 9 4 263 305 0.165 0.191 0.165 W/B Thru 2.0 3200 1029 1053 0 0 19 10 1058 1074 0.359 0.352 W/B Right 0.0 0 79 48 10 5 0 0 90 54 0.000 0.000 1.002 0.100 1.102 F ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.955 0.332 0.191 0.091 0.342 CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Per Lane Lanes Existing Other Proj. Project Study Vol. PM Sum Of Critical V/C: Lost Time: CROWN CITY ENGINEERS, PASADENA, CALIFORNIA ANALYSIS RESULTS : Total V/C: Level Of Service: Total V/C LOS 1.055 F 0.100 Location:Slauson Avenue and Boyle Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-01 6 Problem Condition:Future 2017 Cumulative With Project Conditions Mitigated Geometric Lane Configuration Add 1 E/B RT Lane by Restriping Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 301 144 0 0 0 0 304 145 0.190 0.091 N/B Thru 2.0 3200 1061 315 40 35 20 9 1132 362 0.446 0.179 0.446 N/B Right 0.0 0 293 209 0 0 0 0 296 211 0.000 0.000 S/B Left 1.0 1600 36 67 15 10 39 20 90 97 0.056 0.061 0.056 S/B Thru 2.0 3200 285 980 55 30 10 5 353 1025 0.127 0.343 S/B Right 0.0 0 33 59 0 0 21 12 55 71 0.000 0.000 E/B Left 1.0 1600 75 39 15 10 40 20 130 69 0.082 0.043 E/B Thru 2.0 3200 950 956 0 0 0 0 959 965 0.300 0.302 0.300 E/B Right 1.0 1600 110 95 0 0 0 0 112 96 0.070 0.060 W/B Left 1.0 1600 252 298 0 0 9 4 263 305 0.165 0.191 0.165 W/B Thru 2.0 3200 1029 1053 0 0 19 10 1058 1074 0.359 0.352 W/B Right 0.0 0 79 48 10 5 0 0 90 54 0.000 0.000 0.967 0.100 1.067 F ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: INTERSECTION CAPACITY UTILIZATION ANALYSIS CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Lanes Existing Other Proj. Project Study Vol. Per Lane PM 0.091 Sum Of Critical V/C:0.926 0.343 0.302 0.191 Total V/C LOS CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time:0.100 ANALYSIS RESULTS : Total V/C:1.026 Level Of Service: F Location:Slauson Avenue and Soto Street City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-02 1 Problem Condition:Existing 2017 Traffic Conditions Existing Geometric Configuration (Count Date: 2/22/2017) Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 65 42 0 0 0 0 66 42 0.041 0.027 N/B Thru 2.0 3200 720 282 0 0 0 0 727 285 0.282 0.138 0.282 N/B Right 0.0 0 173 156 0 0 0 0 175 158 0.000 0.000 S/B Left 1.0 1600 108 122 0 0 0 0 109 123 0.068 0.077 0.068 S/B Thru 2.0 3200 236 754 0 0 0 0 238 762 0.104 0.278 S/B Right 0.0 0 92 127 0 0 0 0 93 128 0.000 0.000 E/B Left 1.0 1600 150 128 0 0 0 0 151 129 0.094 0.081 0.094 E/B Thru 2.0 3200 871 1060 0 0 0 0 879 1071 0.286 0.369 E/B Right 0.0 0 36 109 0 0 0 0 36 110 0.000 0.000 W/B Left 1.0 1600 98 147 0 0 0 0 99 149 0.062 0.093 W/B Thru 2.0 3200 979 1057 0 0 0 0 988 1067 0.388 0.360 0.388 W/B Right 0.0 0 252 85 0 0 0 0 254 86 0.000 0.000 0.833 0.100 0.933 E ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time: Total V/C: Level Of Service: ANALYSIS RESULTS : LOSTotal V/C D 0.100 INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.767 0.369 0.093 Lanes Critical V/C Available Project Per Lane Study Vol. CCE2016-24 Peak Hour Volumes 0.867 Other Proj. Existing Movement V/C Sum Of Critical V/C: PM 0.027 0.278 Location:Slauson Avenue and Soto Street City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-02 4 Problem Condition:Future 2018 Ambient With Related Projects Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 65 42 0 0 66 42 0.041 0.027 N/B Thru 2.0 3200 720 282 20 8 0 0 747 293 0.288 0.141 0.288 N/B Right 0.0 0 173 156 0 0 175 158 0.000 0.000 S/B Left 1.0 1600 108 122 0 0 109 123 0.068 0.077 0.068 S/B Thru 2.0 3200 236 754 8 20 0 0 246 782 0.106 0.284 S/B Right 0.0 0 92 127 0 0 93 128 0.000 0.000 E/B Left 1.0 1600 150 128 0 0 0 0 151 129 0.094 0.081 0.094 E/B Thru 2.0 3200 871 1060 0 0 879 1071 0.286 0.369 E/B Right 0.0 0 36 109 0 0 36 110 0.000 0.000 W/B Left 1.0 1600 98 147 0 0 99 149 0.062 0.093 W/B Thru 2.0 3200 979 1057 0 0 988 1067 0.388 0.360 0.388 W/B Right 0.0 0 252 85 0 0 0 0 254 86 0.000 0.000 0.839 0.100 0.939 E ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: Total V/C LOS CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time:0.100 ANALYSIS RESULTS : Total V/C:0.873 Level Of Service: D Sum Of Critical V/C:0.773 0.284 0.369 0.093 INTERSECTION CAPACITY UTILIZATION ANALYSIS CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Lanes Existing Other Proj.Project Study Vol. Per Lane PM 0.027 Location:Slauson Avenue and Soto Street City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-02 5 Problem Condition:Future 2018 Cumulative With Project Conditions Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 65 42 0 0 0 0 66 42 0.041 0.027 N/B Thru 2.0 3200 720 282 20 8 0 0 747 293 0.290 0.142 0.290 N/B Right 0.0 0 173 156 0 0 6 3 181 161 0.000 0.000 S/B Left 1.0 1600 108 122 0 0 13 6 122 129 0.076 0.081 0.076 S/B Thru 2.0 3200 236 754 8 20 0 0 246 782 0.106 0.284 S/B Right 0.0 0 92 127 0 0 0 0 93 128 0.000 0.000 E/B Left 1.0 1600 150 128 0 0 0 0 151 129 0.094 0.081 0.094 E/B Thru 2.0 3200 871 1060 0 0 21 10 900 1081 0.293 0.372 E/B Right 0.0 0 36 109 0 0 0 0 36 110 0.000 0.000 W/B Left 1.0 1600 98 147 0 0 7 3 105 152 0.066 0.095 W/B Thru 2.0 3200 979 1057 0 0 19 12 1007 1079 0.398 0.366 0.398 W/B Right 0.0 0 252 85 0 0 13 6 268 92 0.000 0.000 0.859 0.100 0.959 E ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: PM Sum Of Critical V/C: Lost Time: CROWN CITY ENGINEERS, PASADENA, CALIFORNIA ANALYSIS RESULTS : Total V/C: Level Of Service: Total V/C LOS 0.878 D 0.100 Available Peak Hour Volumes Movement V/C Critical V/C Per Lane Lanes Existing Other Proj. Project Study Vol. INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.778 0.372 0.095 0.027 0.284 CCE2016-24 Location:Slauson Avenue and Soto Street City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-02 6 Problem Condition:Future 2018 Cumulative With Project Conditions Mitigated Geometric Lane Configuration Add 1 N/B RT Lane by Restriping Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 65 42 0 0 0 0 66 42 0.041 0.027 N/B Thru 2.0 3200 720 282 20 8 0 0 747 293 0.234 0.092 0.234 N/B Right 1.0 1600 173 156 0 0 6 3 181 161 0.047 0.005 S/B Left 1.0 1600 108 122 0 0 13 6 122 129 0.076 0.081 0.076 S/B Thru 2.0 3200 236 754 8 20 0 0 246 782 0.106 0.284 S/B Right 0.0 0 92 127 0 0 0 0 93 128 0.000 0.000 E/B Left 1.0 1600 150 128 0 0 0 0 151 129 0.094 0.081 0.094 E/B Thru 2.0 3200 871 1060 0 0 21 10 900 1081 0.293 0.372 E/B Right 0.0 0 36 109 0 0 0 0 36 110 0.000 0.000 W/B Left 1.0 1600 98 147 0 0 7 3 105 152 0.066 0.095 W/B Thru 2.0 3200 979 1057 0 0 19 12 1007 1079 0.398 0.366 0.398 W/B Right 0.0 0 252 85 0 0 13 6 268 92 0.000 0.000 0.803 0.100 0.903 D ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: Total V/C LOS CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time:0.100 ANALYSIS RESULTS : Total V/C:0.878 Level Of Service: D Sum Of Critical V/C:0.778 0.284 0.372 0.095 INTERSECTION CAPACITY UTILIZATION ANALYSIS CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Lanes Existing Other Proj. Project Study Vol. Per Lane PM 0.027 Location:Slauson Avenue and Alcoa Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-03 1 Problem Condition:Existing 2017 Traffic Conditions Existing Geometric Configuration (Count Date: 2/22/2017) Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 23 54 0 0 0 0 23 55 0.015 0.034 N/B Thru 1.0 1600 11 19 0 0 0 0 11 19 0.016 0.039 0.016 N/B Right 0.0 0 15 42 0 0 0 0 15 42 0.000 0.000 S/B Left 1.0 1600 31 76 0 0 0 0 31 77 0.020 0.048 0.020 S/B Thru 1.0 1600 18 20 0 0 0 0 18 20 0.011 0.013 S/B Right 1.0 1600 25 75 0 0 0 0 25 76 0.016 0.015 E/B Left 1.0 1600 86 52 0 0 0 0 87 52 0.054 0.033 0.054 E/B Thru 2.0 3200 830 1067 0 0 0 0 839 1078 0.285 0.346 E/B Right 0.0 0 71 28 0 0 0 0 72 28 0.000 0.000 W/B Left 1.0 1600 46 30 0 0 0 0 46 30 0.029 0.019 W/B Thru 2.0 3200 1173 1067 0 0 0 0 1185 1078 0.397 0.348 0.397 W/B Right 0.0 0 84 36 0 0 0 0 85 36 0.000 0.000 0.487 0.100 0.587 A ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time: Total V/C: Level Of Service: ANALYSIS RESULTS : LOSTotal V/C A 0.100 INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.348 0.467 0.033 Lanes Critical V/C Available Project Per Lane Study Vol. CCE2016-24 Peak Hour Volumes 0.567 Other Proj. Existing Movement V/C Sum Of Critical V/C: PM 0.039 0.048 Location:Slauson Avenue and Alcoa Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-03 4 Problem Condition:Future 2018 Ambient With Related Projects Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 23 54 0 0 23 55 0.015 0.034 N/B Thru 1.0 1600 11 19 0 0 11 19 0.016 0.039 0.016 N/B Right 0.0 0 15 42 0 0 15 42 0.000 0.000 S/B Left 1.0 1600 31 76 0 0 31 77 0.020 0.048 0.020 S/B Thru 1.0 1600 18 20 0 0 18 20 0.011 0.013 S/B Right 1.0 1600 25 75 0 0 25 76 0.016 0.015 E/B Left 1.0 1600 86 52 0 0 87 52 0.054 0.033 0.054 E/B Thru 2.0 3200 830 1067 15 10 0 0 854 1088 0.289 0.349 E/B Right 0.0 0 71 28 0 0 72 28 0.000 0.000 W/B Left 1.0 1600 46 30 0 0 46 30 0.029 0.019 W/B Thru 2.0 3200 1173 1067 10 5 0 0 1195 1083 0.400 0.350 0.400 W/B Right 0.0 0 84 36 0 0 0 0 85 36 0.000 0.000 0.490 0.100 0.590 A ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: Total V/C LOS CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time:0.100 ANALYSIS RESULTS : Total V/C:0.569 Level Of Service: A Sum Of Critical V/C:0.469 0.048 0.033 0.350 0.039 INTERSECTION CAPACITY UTILIZATION ANALYSIS CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Lanes Existing Other Proj.Project Study Vol. Per Lane PM Location:Slauson Avenue and Alcoa Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-03 5 Problem Condition:Future 2018 Cumulative With Project Conditions Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 23 54 0 0 6 3 29 58 0.018 0.036 0.018 N/B Thru 1.0 1600 11 19 0 0 0 0 11 19 0.016 0.039 N/B Right 0.0 0 15 42 0 0 0 0 15 42 0.000 0.000 S/B Left 1.0 1600 31 76 0 0 0 0 31 77 0.020 0.048 S/B Thru 1.0 1600 18 20 0 0 0 0 18 20 0.011 0.013 S/B Right 1.0 1600 25 75 0 0 6 3 31 79 0.019 0.015 0.019 E/B Left 1.0 1600 86 52 0 0 7 3 94 55 0.059 0.035 0.059 E/B Thru 2.0 3200 830 1067 15 10 26 14 880 1102 0.299 0.354 E/B Right 0.0 0 71 28 0 0 7 3 79 31 0.000 0.000 W/B Left 1.0 1600 46 30 0 0 0 0 46 30 0.029 0.019 W/B Thru 2.0 3200 1173 1067 10 5 26 13 1221 1096 0.408 0.354 0.408 W/B Right 0.0 0 84 36 0 0 0 0 85 36 0.000 0.000 0.504 0.100 0.604 A ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: PM Sum Of Critical V/C: Lost Time: CROWN CITY ENGINEERS, PASADENA, CALIFORNIA ANALYSIS RESULTS : Total V/C: Level Of Service: Total V/C LOS 0.575 A 0.100 Available Peak Hour Volumes Movement V/C Critical V/C Per Lane Lanes Existing Other Proj. Project Study Vol. INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.354 0.475 0.035 0.039 0.048 CCE2016-24 Location:Boyle Avenue and Fruitland Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-04 1 Problem Condition:Existing 2017 Traffic Conditions Existing Geometric Configuration (Count Date: 2/22/2017) Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 115 36 0 0 0 0 116 36 0.073 0.023 N/B Thru 2.0 3200 1038 360 0 0 0 0 1049 364 0.355 0.136 0.355 N/B Right 0.0 0 85 72 0 0 0 0 86 73 0.000 0.000 S/B Left 1.0 1600 3 29 0 0 0 0 3 29 0.002 0.018 0.002 S/B Thru 2.0 3200 217 951 0 0 0 0 220 961 0.073 0.309 S/B Right 0.0 0 14 29 0 0 0 0 14 29 0.000 0.000 E/B Left 1.0 1600 34 27 0 0 0 0 34 27 0.021 0.017 0.021 E/B Thru 1.0 1600 183 470 0 0 0 0 185 475 0.131 0.365 E/B Right 0.0 0 25 109 0 0 0 0 25 110 0.000 0.000 W/B Left 1.0 1600 110 108 0 0 0 0 111 109 0.069 0.068 W/B Thru 1.0 1600 351 210 0 0 0 0 355 212 0.237 0.144 0.237 W/B Right 0.0 0 25 18 0 0 0 0 25 18 0.000 0.000 0.616 0.100 0.716 C ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time: Total V/C: Level Of Service: ANALYSIS RESULTS : LOSTotal V/C D 0.100 INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.765 0.365 0.068 Lanes Critical V/C Available Project Per Lane Study Vol. CCE2016-24 Peak Hour Volumes 0.865 Other Proj. Existing Movement V/C Sum Of Critical V/C: PM 0.023 0.309 Location:Boyle Avenue and Fruitland Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-04 4 Problem Condition:Future 2018 Ambient With Related Projects Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 115 36 0 0 116 36 0.073 0.023 N/B Thru 2.0 3200 1038 360 30 15 0 0 1079 379 0.370 0.144 0.370 N/B Right 0.0 0 85 72 20 10 0 0 106 83 0.000 0.000 S/B Left 1.0 1600 3 29 0 0 3 29 0.002 0.018 0.002 S/B Thru 2.0 3200 217 951 20 25 0 0 240 986 0.079 0.317 S/B Right 0.0 0 14 29 0 0 14 29 0.000 0.000 E/B Left 1.0 1600 34 27 0 0 34 27 0.021 0.017 0.021 E/B Thru 1.0 1600 183 470 50 15 0 0 235 490 0.163 0.375 E/B Right 0.0 0 25 109 0 0 25 110 0.000 0.000 W/B Left 1.0 1600 110 108 10 30 0 0 121 139 0.076 0.087 W/B Thru 1.0 1600 351 210 10 50 0 0 365 262 0.244 0.175 0.244 W/B Right 0.0 0 25 18 0 0 25 18 0.000 0.000 0.637 0.100 0.737 C ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: Total V/C LOS CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time:0.100 ANALYSIS RESULTS : Total V/C:0.901 Level Of Service: D Sum Of Critical V/C:0.801 0.317 0.375 0.087 INTERSECTION CAPACITY UTILIZATION ANALYSIS CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Lanes Existing Other Proj.Project Study Vol. Per Lane PM 0.023 Location:Boyle Avenue and Fruitland Avenue City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-04 5 Problem Condition:Future 2018 Cumulative With Project Conditions Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 115 36 0 0 7 3 123 39 0.077 0.025 N/B Thru 2.0 3200 1038 360 30 15 19 10 1098 388 0.378 0.148 0.378 N/B Right 0.0 0 85 72 20 10 7 3 113 86 0.000 0.000 S/B Left 1.0 1600 3 29 0 0 0 0 3 29 0.002 0.018 0.002 S/B Thru 2.0 3200 217 951 20 25 20 9 259 995 0.085 0.320 S/B Right 0.0 0 14 29 0 0 0 0 14 29 0.000 0.000 E/B Left 1.0 1600 34 27 0 0 0 0 34 27 0.021 0.017 0.021 E/B Thru 1.0 1600 183 470 50 15 0 0 235 490 0.167 0.377 E/B Right 0.0 0 25 109 0 0 7 3 32 113 0.000 0.000 W/B Left 1.0 1600 110 108 10 30 6 3 127 142 0.079 0.089 W/B Thru 1.0 1600 351 210 10 50 0 0 365 262 0.244 0.175 0.244 W/B Right 0.0 0 25 18 0 0 0 0 25 18 0.000 0.000 0.645 0.100 0.745 C ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.810 0.377 0.089 0.025 0.320 CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Per Lane Lanes Existing Other Proj. Project Study Vol. PM Sum Of Critical V/C: Lost Time: CROWN CITY ENGINEERS, PASADENA, CALIFORNIA ANALYSIS RESULTS : Total V/C: Level Of Service: Total V/C LOS 0.910 E 0.100 Location:Boyle Avenue-State Street and Randolph Street City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-05 1 Problem Condition:Existing 2017 Traffic Conditions Existing Geometric Configuration (Count Date: 2/22/2017) Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 158 81 0 0 0 0 158 81 0.098 0.050 N/B Thru 2.0 3200 1386 539 0 0 0 0 1386 539 0.452 0.176 0.452 N/B Right 0.0 0 61 24 0 0 0 0 61 24 0.000 0.000 S/B Left 1.0 1600 68 170 0 0 0 0 68 170 0.042 0.106 0.042 S/B Thru 2.0 3200 453 1320 0 0 0 0 453 1320 0.169 0.455 S/B Right 0.0 0 89 137 0 0 0 0 89 137 0.000 0.000 E/B Left 0.0 0 158 84 0 0 0 0 158 84 0.000 0.000 0.000 E/B Thru 2.0 3200 304 379 0 0 0 0 304 379 0.165 0.178 E/B Right 0.0 0 65 105 0 0 0 0 65 105 0.000 0.000 W/B Left 0.0 0 36 49 0 0 0 0 36 49 0.000 0.000 W/B Thru 2.0 3200 409 257 0 0 0 0 409 257 0.217 0.116 0.217 W/B Right 0.0 0 249 66 0 0 0 0 249 66 0.000 0.000 0.711 0.100 0.811 D ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2017 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: CCE2016-24 Peak Hour Volumes 0.783 Other Proj. Existing Movement V/C Sum Of Critical V/C: PM 0.050 0.455 INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.683 0.178 0.000 Lanes Critical V/C Available Project Per Lane Study Vol. CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time: Total V/C: Level Of Service: ANALYSIS RESULTS : LOSTotal V/C C 0.100 Location:Boyle Avenue-State Street and Randolph Street City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-05 4 Problem Condition:Future 2018 Ambient With Related Projects Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 158 81 0 0 159 81 0.099 0.051 N/B Thru 2.0 3200 1386 539 30 25 0 0 1430 570 0.466 0.186 0.466 N/B Right 0.0 0 61 24 0 0 62 24 0.000 0.000 S/B Left 1.0 1600 68 170 0 0 69 172 0.043 0.107 0.043 S/B Thru 2.0 3200 453 1320 45 20 0 0 503 1353 0.185 0.466 S/B Right 0.0 0 89 137 0 0 89 138 0.000 0.000 E/B Left 0.0 0 158 84 0 0 160 85 0.000 0.000 0.000 E/B Thru 2.0 3200 304 379 0 0 307 383 0.166 0.179 E/B Right 0.0 0 65 105 0 0 66 106 0.000 0.000 W/B Left 0.0 0 36 49 0 0 36 49 0.000 0.000 W/B Thru 2.0 3200 409 257 0 0 413 260 0.219 0.117 0.219 W/B Right 0.0 0 249 66 0 0 251 67 0.000 0.000 0.728 0.100 0.828 D ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: INTERSECTION CAPACITY UTILIZATION ANALYSIS CCE2016-24 Available Peak Hour Volumes Movement V/C Critical V/C Lanes Existing Other Proj.Project Study Vol. Per Lane PM 0.051 Sum Of Critical V/C:0.696 0.466 0.179 0.000 Total V/C LOS CROWN CITY ENGINEERS, PASADENA, CALIFORNIA Lost Time:0.100 ANALYSIS RESULTS : Total V/C:0.796 Level Of Service: C Location:Boyle Avenue-State Street and Randolph Street City:Vernon Project No.:Analyzed By:MYR File Name:2016-24-05 5 Problem Condition:Future 2018 Cumulative With Project Conditions Existing Geometric Configuration Movement No. Cap.AM PM AM PM AM PM AM PM AM PM AM N/B Left 1.0 1600 158 81 0 0 0 0 159 81 0.099 0.051 N/B Thru 2.0 3200 1386 539 30 25 7 3 1437 573 0.468 0.187 0.468 N/B Right 0.0 0 61 24 0 0 0 0 62 24 0.000 0.000 S/B Left 1.0 1600 68 170 0 0 6 3 74 175 0.046 0.109 0.046 S/B Thru 2.0 3200 453 1320 45 20 7 3 509 1357 0.189 0.468 S/B Right 0.0 0 89 137 0 0 7 3 96 141 0.000 0.000 E/B Left 0.0 0 158 84 0 0 6 3 165 88 0.000 0.000 0.000 E/B Thru 2.0 3200 304 379 0 0 0 0 307 383 0.168 0.180 E/B Right 0.0 0 65 105 0 0 0 0 66 106 0.000 0.000 W/B Left 0.0 0 36 49 0 0 0 0 36 49 0.000 0.000 W/B Thru 2.0 3200 409 257 0 0 0 0 413 260 0.221 0.118 0.221 W/B Right 0.0 0 249 66 0 0 7 3 259 70 0.000 0.000 0.736 0.100 0.836 D ASSUMPTIONS AND METHODOLOGY Existing Conditions Year:2017 Level Of Service Definition Study Volume Year:2018 Annual Growth Factor:1.00 Percent Under 0.605 A Lane Capacity 0.605 - 0.704 B Single Through Lane =1600 Vehicles Per Hour 0.705 - 0.804 C Single Turn Lane =1600 Vehicles Per Hour 0.805 - 0.904 D Dual Turn Lane =2880 Vehicles Per Hour 0.905 - 1.004 E Over 1.005 F Lost time for signal Yellow and All red intervals:0.10 of V/C Ratio NOTES: PM Sum Of Critical V/C: Lost Time: CROWN CITY ENGINEERS, PASADENA, CALIFORNIA ANALYSIS RESULTS : Total V/C: Level Of Service: Total V/C LOS 0.799 C 0.100 Available Peak Hour Volumes Movement V/C Critical V/C Per Lane Lanes Existing Other Proj. Project Study Vol. INTERSECTION CAPACITY UTILIZATION ANALYSIS 0.699 0.180 0.000 0.051 0.468 CCE2016-24 City Council Agenda Item Report Agenda Item No. COV-336-2019 Submitted by: Lisette Grizzelle Submitting Department: Human Resources Meeting Date: August 6, 2019 SUBJECT Recognition of Retired Employee - Martin J. Sanchez, Street Maintenance Worker Recommendation: A. Acknowledge and present a proclamation to retired employee Martin J. Sanchez, Street Maintenance Worker, in recognition of his dedicated service to the City of Vernon. Background: Historically, the City Council has issued proclamations in honor of retired City employees. Martin J. Sanchez, Street Maintenance Worker, retired from the City of Vernon on August 1, 2019, after providing over thirty-four (34) years of service to the City. During his career with the City of Vernon Martin J. Sanchez held the following positions: Hired as a temporary Diesel Operator V effective April, 22, 1985, Diesel Operator V effective June 23, 1985, Diesel Operator IV effective June 2, 1991, Systems Coordinator II effective July 1, 1997, Utilityman III effective October 17, 2005, Street Maintenance Worker effective April 20, 2014. Martin Sanchez completed the following training courses: Electrical Transmission and Water Distribution, Fire Confined Space Awareness, Introduction to Standard Emergency Management System, Introduction to Incident Command System (FEMA), Distribution Certification Math Review and Introduction to Water Distribution. Mr. Sanchez obtained the following certifications: High Voltage Electrical Safety, Water Distribution Operator - Grade D-2 and Water Distribution Operator - Grade D-3. During his over 34-year career with the City of Vernon, the following are among Mr. Sanchez' accomplishments: - Provided assistance with various street improvement, resurfacing and paving projects throughout the City. - Played a key role in beautifying the City of Vernon by providing maintenance of City islands, streets and the public right of way. - Provided assistance to the Water Division on tasks including well site maintenance and water quality sample collection. - Trained staff on the proper operation of various machinery such as the diesel engines and turbines. - Obtained his Associate of Science in Automotive Technology and Diesel Engines from National Technical School - Obtained a Water Systems Certificate from Mount San Antonio College. Mr. Sanchez’ positive attitude and willingness to work well with City officials, peers, supervisors and the public have made him a valued staff member to the Public Utilities and Public Works Departments. Mr. Sanchez was a dedicated employee to the City of Vernon and exemplified true public service to our community and he will truly be missed. Martin J. Sanchez was hired on April 22, 1985 and meets the eligibility requirements under CalPERS to retire from the City of Vernon effective August 1, 2019. Fiscal Impact: There is no additional fiscal impact on the current operating budget as a result of this recommended action. ATTACHMENTS 1. Proclamation - Martin J. Sanchez ~+ ~ ;~ 1,,.' ,,• A PROCZ~~IVIATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING MA.RTINJ. SANCHE.Z FOR HIS YEARS OF SERVICE TO THE CITY OF VERNON WIHEKEAS, Martin J. Sanchez (`2Vlartin Sanchez') has been employed by the City of Vernon since April 22, 7985, and has faithfully served the City of Vernon for over 34 years; and I~HEKF~.AS, Martin Sanchez has retired from the City of Vernon effective August 7, 2079, as a Street Maintenance I~orker; and I~HEKEAS, during the course of his employment avith the City of Tlernon, Martin Sanchez held the positions of temporary Diesel Operator V effective April 22, 7985, Diesel Operator V effective June 23, 7985, Diesel Operator IV effective June 2, 7997, Systems Coordinator II effective Juy ~, 7997, Utilityman III effective October 77, 2075, and Street Maintenance I~orker effective April20, 2074; and WIHEKEAS, Martin Sanchez completed training courses in Electrical Transmission and I-Vater Distribution, Fire Confined Space Aa~arenesr, Introduction to Standard Emergency Management System, Introduction to Incident Command System (FEMA), Distribution Certification Math Review and Introduction to Dater Distribution; and I~HEKEAS, Martin Sanchez obtained certifications in High Voltage Electrical Safety, Dater Distribution Operator -Grade D-2 and Dater Distribution Operator -Grade D-3; and I-VHEKF.,AS, during his career, Martin Sanchez has provided integral assistance with various street improvements, resurfacing and paving projects throughout the City; played an important role in beaut~ing the City of Tlernon by providing maintenance of City islands, streets and the public right of ~vay; provided assistance to the Wlater Division on tasks including well site maintenance and water quality sample collection; trained sta~f on the proper operation of various machinery such as the diesel engines and turbines; obtained his Associate of Science in automotive T. echnolo~y and Diesel Engines from National Technical School; and obtained a Dater Systems Certificate from Mount San Antonio College; and I~HEK~AS, during his long and distinguished career with the City of Vernon, Martin Sanchez has won the dee~iest respect of his colleagues through his many contributions to the City; and I~HE.l~E.AS, it is an honor to express our appreciation to Martin Sanchezfor his service to the City of Vernon and ~vi.rh Martin good health upon his retirement and for continued succesr in life's pursuits; and I-VHEKEAS, the Mayor and the City Council of the City of Vernon, on behalf of its employees, residents and businesses, wish to commend and thanl~ Martin Sanchezfor his manyyears of service to the City and invite recognition of his contributions and achievements. .NO Imo, THEREFOKE, THE MAYOK AND THE CITY CO UIVCIL OF THE CITY OF VEKNON, ON BEHALF OF ITS EMPLOYEES, KESIDENTS AND B USINESSES HEREBY COMMEND MAKTIN J. S~1VCH. EZ FOR H.IS 1~~9..ZVY YEAKS OF SERVICE TO TT~E CITY. THIS PKOCLf~.NlATION IS BEING PKESENTED TO MAKTIN J. SANCHEZ BY THE HONOKABLE MAYOK MEL.I~SSA YBAKRA FOR ..AND ON BEH~I~F' OF THE CITY CO UIVCIL OF THE CITY OF VEANON T HIS GTf' DAY OF A UG UST T ISO THOUSAND AND NINETEEN. CITY OF VEKN0IV B ~ Q y~ MELISSA YBA ~ ,Mayor City Council Agenda Item Report Agenda Item No. COV-341-2019 Submitted by: Robert Sousa Submitting Department: Police Department Meeting Date: August 6, 2019 SUBJECT Swear-In Ceremony Recommendation: No action is required by City Council. This is a presentation only. Background: Due to retirements of police sworn personnel, there are a few Police Officer vacancies in the Patrol Division. Leaving these positions vacant would have a significant impact on the necessary patrol deployment levels and would also increase overtime costs to cover staff shortages. To fill the current vacancies, the Police Department conducted a recruitment process. Based on a review of the qualifications of each eligible candidate and an extensive background investigation, it was determined that Alfonso Madrigal and Nicholas Mannino, both graduates of the Rio Hondo Police Academy Class #208, are the best qualified candidates for the position of Police Officer. Fiscal Impact: There is no additional fiscal impact to the City's general fund budget as these positions have been budgeted in the proposed 2019-2020 police budget. ATTACHMENTS  City Council Agenda Item Report Agenda Item No. COV-352-2019 Submitted by: Daniel Wall Submitting Department: Public Works Meeting Date: August 6, 2019 SUBJECT Fiscal Year 2019/2020 Public Works Reorganization/Budget Study Session Recommendation: No action required by City Council. This is a presentation only. Background: Budget Study Session Presentations allow for City Council to gather an understanding of each facet of the City's operation, as individual Directors address departmental issues, functions, and needs. Because each department faces unique challenges and identifies its own specific goals for a given year, this session provides an opportunity for the department to share details on its operational strategy. It is important for the City Council to be informed on the government fiscal activities of the City. Therefore, departmental Budget Study Session Presentations have been incorporated as a standard practice during the City's annual budgetary planning process. Consistent with City Administration goals and City Council’s direction, staff is committed to streamlining costs, analyzing new revenue streams, increasing efficiencies Citywide, and is dedicated to securing the City's long-term future. Right-sizing service models throughout the City is critical to sustainability. Each department has been instructed to focus on cost containment and resource optimization. It is pertinent that taxpayer funds be managed in a responsible, ethical manner, and that decisions regarding City operations reflect the City's commitment to good governance. Public Works' mission is to preserve and enhance the physical environment and economic vitality of Vernon by efficiently and effectively providing prompt and sustained maintenance, design, construction, planning and inspection services in support of our residents, businesses, other City Departments, the City Administrator, and the City Council. In order for the Department to continue to provide prompt and sustained service in an ever-changing world an examination of Departmental processes was conducted to determine areas to be modernized, streamlined, and rightsized. One of the areas found to be in need of being modernized, streamlined, and rightsized is the Department's Building Regulations and Planning Division. The Building Regulations and Planning Division The Building Regulations and Planning Division regulates and inspects private development and construction. Currently the Division does not offer electronic plan review, and applicants must submitted paper plans. Because the Division is still using a paper-based process, applicants cannot check the status of submitted plans and permits online. In addition to this process being antiquated, it is also very cumbersome. A set of plans submitted to Vernon may be reviewed by up to six different parties including two outside consultants. This leads to numerous plan check comments that are at times conflicting and confusing for applicants. In Fiscal Year 2018-2019, revenue for the Division was budgeted to be $1,033,800. Plan Check Fees and Building Permit Fees were to provide $985,000 of this revenue; while variances, CUPs and other fees were to provide an additional $48,800. These Plan Check and Building Permit Fees are based on the valuation of construction being permitted. In Fiscal Year 2018-2019, budgeted expenditures for the division were $1,358,864. This means that last fiscal year, the General Fund was budgeted to subsidize private development by over $325,000. The deficit is significant as, based on the budgeted revenues, it represents over 30% of the Division's budget. If changes are not made to the Division’s processes, the subsidy is projected to grow in future years as labor costs increase and/or construction activity decreases. In the current calendar year, for the period from January 1, to June 30, there was a 16% decrease in the number of permits issued when compared to the same period in 2018 (325 versus 389). More importantly, since revenue is based on the construction value of the permits issued, in the current calendar year, there has been a year over year 16% decrease in the construction value of the permits issued ($69,576,787 versus $82,525,569). In other cities in southern California, building divisions are either net revenue neutral or net revenue generators. Last year Vernon's building division had a budgeted deficit of over $325,000. Deficits are addressed by increasing revenue and/or reducing expenditures. Since revenue is effectively outside of the Department's control due to the variability of construction and private development activity, the only means of addressing the Division's deficit is a reduction in expenditures. The majority of the Division's expenditures are labor costs. The Division's current operating model is based on employees providing the labor needed to meet the fluctuating demand for basic plan checking and inspection services, with consultants providing structural and accessibility plan reviews and inspections. The three Inspectors, employed by the Department, providing plan review and inspection are a fixed labor cost regardless of the demand for their services. Inspection schedules for the 14-month period from January 3, 2018 through March 17, 2019, were analyzed for each of the three inspectors. These schedules included not only construction inspections but also occupancy inspections. In a 10-hour workday during this period, the average number of inspection hours for each inspector ranged from a low of 1.74 hours per day to a high of 3.66 hours per day. The combined daily inspection hours for all three inspectors averaged to a total of 7.7 hours per day out of the 30 available daily work hours. Stated another way, during this period, the Building Division’s three inspectors had a combined 7,080 available labor hours, and performed a total of only 1,825 hours of inspection. This is a labor utilization rate of 25.77%. This labor utilization rate does not suggest that these three employees are not doing their jobs, what this indicates is that the Building Division needs to be right-sized. While the labor utilization rate shows that there was enough work during the 14-month period to support one inspector, not one of the three inspectors has the comprehensive skill set necessary to provide all of the services required. The proposed Fiscal Year 2019-2020 Budget for the Public Works Department is based on the right-sizing of the Building Division where a consulting firm is contracted to take on the work of the three inspectors and of the two consulting firms currently providing structural and accessibility plan reviews and inspections. The Division would continue to have an in-house Permit Technician and an Assistant Planner so that our clients would always have first contact with a city employee and that employee would be available to serve as an Ombudsman at any point in the permit and inspection process. Proposals from firms well qualified to provide these services offer electronic application and plan submission, 24/7 online access to the current status of plan reviews and permits, and individual points of contact to streamline communications and ensure plan review consistency. These services would modernize the Division's processes and improve the customer experience. To address the deficit, the costs would be based on a percentage of the fees collected by the City. Typically, this fee would be about 65% of the building and plan check fees already being collected from our clients. In addition, the firm selected to provide building plan review and inspection services would provide low impact development and grading plan reviews and inspections under the same fee structure. This would enhance the streamlining of the permit and inspection process, while freeing up the engineering staff to be more focused on the maintenance and betterment of the City's infrastructure. One of the Permit Technicians would be laterally transferred to an open Senior Administrative Assistant position in the Public Works Administration Division. In addition to talking on the duties of the Senior Administrative Assistant, this employee would be able to fill in for the remaining Permit Technician during absences from work. The Vernon Public Utilities Department has a position available for an inspector meeting the minimum qualifications for that position. The Engineering Section Using the consultant providing building plan review and inspection services to also provide low impact development and grading plan reviews and inspections will enable the engineering staff to focus on the maintenance and enhancement of the City’s infrastructure while allowing for the right-sizing of the Engineering Section of the Street Operations Division. The Fiscal Year 2018-2019 Budget includes a Public Works Project Coordinator, and two Engineering Aide positions. The Public Works Project Coordinator position is responsible for much of the capital project management and inspection and for issuing right-of-way encroachment permits. In many comparable Los Angeles County Cities, this position does not exist and the duties of the position are shared by Assistant, Associate and Project Engineers or the Public Works Superintendent. Public Works Departments, that are not responsible for utilities, typically do not have Engineering Aides due to the limited skills/responsibilities required of this position. In the Fiscal Year 2019-2020 Budget, these three positions will be eliminated. Currently the Public Works Project Coordinator position and one of the Engineering Aide positions are vacant. The employee currently in the Engineering Aid Position will be transferred to a Street Maintenance Position. The City Warehouse The City Warehouse is currently engaged in functions that do not belong the warehouse such as the street sweeping of City facilities and the distribution of packages received from delivery services such as FedEx and United Parcel Service. The street sweeping of City facilities will be transferred to the Street Maintenance Division. To streamline our process for getting materials in the hands of the end user, the distribution of packages will be taken care of by the delivery services and not by warehouse staff. To modernize our process, the antiquated centralized procurement and receipt of inventory will no longer necessarily be conducted by the warehouse but instead by the divisions and departments that are the end users of the materials being ordered, similar to how office supplies are ordered by administrative staff throughout the City. Inventory control and reordering of commonly used supplies will be automated with optical readers and secured storage areas segregated by Departments/Divisions allowing for self-service by the end user. To right size the City Warehouse, in the Fiscal Year 2019-2020 Budget two Warehouse Worker positions will be transferred to similar Street Maintenance Worker positions in the Street Maintenance Division. Fiscal Impact: The fiscal impact of the Reorganization will be reflected in the proposed FY2019-2020 Budget. ATTACHMENTS  CLAIM FOR DAMAGES TO PERSON OR PROPERTY INSTRUCTIONS 'l . Claims for death, injury to person or to personal property must be filed not later than six (6) months afler the occurrence. (Gov. Code Sec. 9112)2. Claims for damages to real property must be filed not laler lhan one ( 1) year after the occurrence. (Gov. Code Sec.91 l.2) RESERVE FOR FILING STAMP CLAIM No 融 藝鬱ELERK'S OFFIEE 」UL15'191,11:o8:03 Read entire claim before liling. See page 2 for diagram upon which to locate place of accident This claim form must be signed on page 2 at bottom. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET Claim must be filed with City Clerk. (Gov.Code Sec. 915a) TOi CITY OF VERNON NOE CARRERA you desire notices or communications to be sent How did DAMAGE or INJURY occur? Give full particulars. Claimant was riding his bicycle S/B on Downey Rd & Slauson Ave, when he hit an access point, grates and/or manhole cover located on the sidewalk that was left open, uneven and/or in a dangerous condition. Negligence on maintaining the sidewalk and thereby creating a dangerous condition. When did DAMAGE orlN」URY occur? Give fu∥particulars,date,ume Of day,etc: June 7,2019 at 9140pm 1306W.MAGNOLIA BLVD BURBANK,CA 91506 on reverse approximate,give street names and address and measurements from landmarks: 5601 S Downey Rd Vernon,CA 90058 Wnat p-articuUreCT oTOMISSION doyouclaim causedthe injury ordamage? Givenamesof Cityemployees, if any, causingthe injury or damage, if known: Negligence on maintaining the sidewalk and thereby creating a dangerous condition. What DAMAGE orlN」URIES do you claim resuted? Give fu∥extent of inluttes or damages claimed: Claimant sustained injuries to his left shoulder, difficulty lifting arm, soreness on rib cage, abrasion and pain on right knee. r,rytraf m/lOUruf Oo youclaimof each item of injury or damage as of dateof presentationof thisclaim, givingbasisof computationi Over S25,00000 GiveESTIMATEDAMOUNTas farasknownyouclaimonaccountofeach nem ofprOspective iniury ordamage,givingbasisof computation: Were you at the tirne ofthe payments received: NノA so, provide name of insurance company, policy numbers and arnount of insuran@ Expenditures made on account of accident or lnjury: (Date - ltem)(Amount) Name and address of Witnesses, Doctors and Hospitals: Community Hospital of Huntington Park 2623 E. Slauson Ave. Huntington park, CA gO2Ss da鳳諜雪Ψ席器ll話ス:lR雲 鵬::きTd陽聰」獣Юet hdudng No威L East SomL and wtt hdcab口 aCe to street corners %∥胤婁繹瀑Ъ/gど鳳 :群 満 猟路 fi∥職即 I首 出鷺ξ群馳出∫け,群 鼎 惚1跡 躙『ι爵響囲|NOTE: lf diagrams dc not fit the situation, attach hereto a proper diagi'am signed by claimant. FOR AU丁 OMOBILE ACC!DENTSL アA S Dcx^:nzy A J true and correct. Date: under amei that the ANDREW ZEYTUNTSYAN attachments, is ￢ -+, -! 1 _ ・1,・T,「Fi‐ ¨ =Tで'1・ Ti | |二・ ″"~~‐■■ヽ拷壼轟 森・I ・ /杉 姦 CLAIM FOR DAMAGES RESERVE FOR F:LING STAMP Cし へ!M No.TO PERSON OR PROPERTY INSTRUCTIONS1. Claims for death, injury to person or to personal property must be liled not later than six (6) months after the occurrence. (Gov. Code Sec.91 12)2. Claims for damages to real property must befiled not laterthan one (1) year after the occurrence. (Gov. Code Sec.91 1.2)3. Read entire claim before filing.4. See page 2 for diagram upon which to locate place of accident5. This claim form must be signed on page 2 at bottom.6. Attach separate sheets, if necessary, to give full details. SIGN EACH SH7. Claim must be filed with City Clerk. (Gov.Code Sec. 915a) Y OF VERNON CITY COUNCILe Natalie E. Lloyd Castaic,CA Business Address of Claimant Give address to which you desire notices or communications lo be sent How did DAMAGE or INJURY occur? Give full particulars. I was driving northbound on the l-5 freeway just south of Hasley Cyn (Biscailuz Dr.) in the slow lane, therb was traffic so lwas only going approx. 10-15 mph. I had to stop quickly because a white car moved into my lane, directly in ftont of me. I was able to stop in time but the vehicle behind me hit me. Please also refer to the Traffic Collision Report from the CA. Highway Patrol. Glve fu∥particulars,date,time Of day,etc.: 12140pm。 量I'S魯F llVhen did DAMAGE or:NJURY occur? Thursday,February 21,2019 at reverse sideof thissheet, where approximate, give street names and address and measurements from landmarks: Northbound l-5 freeway (Golden State Freeway) in the number 4 lane (slow lane). The damage occurred on the left rear sign of the vehicle. @doyouclalmcausedtheinjuryordamage?GivenamesofCityemployees,ifany, causing the injury or damage, if known: The City of Vernon vehicle, a 2003 White Ford F-250 truck, driven by city employee, Daniel Guerra Carrillo, struck my vehicle from behind. ffidoyouclaimresulted?Givefullextentofinjuriesordamagesclaimed: I am not a mechanic, please refer to the estimates provided to Javier Valdez with the ci$. These estimates are preliminary e"iimates, tney mayirnO more damage once they start to do the re_pairs. I will also need a rental carwhile my car is being. Rxed so t am dule t6 get to and from ilorUschool, which the Clty olVernon should atso cover. I am not claiming any injuries. computation: Please refer to the answer above. ch item of prospective injury ordamage,giving basisof computation: Again please refer to the answers above. 」Uこ 置理'1警 P∥4:50:18 W payments received: No I was not injured and am not claiming any injuries, I just want my car fixed. Expenditures made on account of accident or lnjury: (Date - ltem) None. (Amount) Name and address of Witnesses, Doctors and Hospitals: None known. READCAREFULLY For all accident claims place on following diagram names of streets, including North, East. South, and West: indicate placeof accident by "X" and by showing house numbers or distances to street comers. lf City Vehicle was lnvolved, designate by letter'A" location of City vehicle when you first saw it, and bv "8" location of vourself 9lI.o-Yl u_9!l9l-"^yh"! 19u !pt 9qw -C.rtV.vehicle; locationof City vehicli _at time of accident by "A-1" and locition oiyoursJrt'oivouivehacle at the time of accident by "8 1" and the point of lmpact by "X." NOTE:lf diagrams do not fit the situation, attach hereto a proper diagram signed by claimant. ffe os. refe c t c,FOR AUTOMOBILE ACCIDENTS ア∧ LlL FOR OTHER ACCIDENTS true and correct. NOTE AL CttMANTS MY BE REQUESTEDTO BE E漱 りEDASToTHttξ 臥鵠躙 欝 曇満 ≧器 F設 踊 :響 慾謂 半僻PEN CODE SEC 72)CLAlMS MUST BE FILEDVViTH CtTY CLERK(GOV CODE I declare, under Typed/Printed Name: Nata∥eE.Lloyd //ノ 舶lq that the ACT10N 8Y THE C「Y OF THiS CLAIM WITHIN 45 DAYS OF F:LING THEN THE CLAIM:S DEEMl_D DENIED(SEE GOV CODE SEC 9116&912_4) 詔鶏拓酬器勘訃はM HclwAY PATRα. TRAFFIC COLI.ISION REPORT ottP 6ss PAOF l GEV.0+11) PAoE 1 OF s 1 :|・ P・・ALT叩 帥 ●lTY ~~~ JtlDnAL DttRICT UNINCORPORATED sANTA CLARITA L●●L ttP●RV ttuMBER 9540‐2019.o0462 □ ●●tlttV muPOnI面 ご田lR:" BE肝LOS ANGELES 506 IAY OFWEEKTHURSBAY 日 "o l‐5N/B(00LDШ N S「ATE FWY)02/21ノ 201,1240 Ⅷo l研 1開 品M,LEP08T INFORttAT10": LATlru●2344り351・ LOmΠ uDE“118.`12840。 日HOPORAP■,BY: 回 N°Nロ AT"T口 R3eCFiON wTll OR: 20 FШ T SOllrrH oF BttcAILUZ DR ●TAT“籠学rREL 回YE日 □No PAけV1 DttVER短 」0“N8● Nυ “ BにR 5 vAL CA OTS ITAI 鶉Fttγ 8o噂,G2003 MA`E′∥lll●EL′CO嗽 FOIttD】卜250 Wrr 1067169 NAttP:饒 T,MttDL口 ,LAI■DANIEL ANTHONY GUERRACARRILL0 雌贈岬 回]出 お・MR C■TY OF VERNON V則 い0ハ Vい 隔●● 国 IAmロ ハ●DRIVER 4305 SANTA FEAVFjVttRNON CA 90058SANTA CLARITA c・ A ,1350 露 獣 蔦 ∬ 釧 ∞ い・ F □0日 ●朧 回 |¨M口RN BRN ll● DAY ttAFtim9/1,,6n PR10R籠 OH,pr●cTG FtONeAPP・ REFEIt TI O MRR4TⅣロ G"澤26‐9958 日 CLEDttH“■●N MuM日 経 “ 3「NX20L73面 〕 `9398睫副OLE TY霊 22 1 DESmi口 E vEHoLE OAMA●|∃思日胤R円 鵬vIN●URA″●E“RR'ER ~ POcに v「uIBERSELLINSURED . 団N 卜5 可L PARTγ2 ●田VERS L【●EN8E"um口 ER vALID CA ∵"1常A`n′口QulF`G2016 COLOR roYT colRoLLA BLU ア剛 33 OTATH CA0“Ⅳ嶺r 日 NA“呵FR鴫 コ1●OCE・ LASTl NATALIE EL177ABETⅡ LLOYD OW“ERS ttE □3AMe AI圃 ER 17LOYD CINDY,LLOYD DAVID G orlnElrllDonEas ffi onr-rreomlrn Clπ ′ITATE′2P 酬 TAIC cA ,1384 ∥露器 馴 『 い°mER3哺 □oF購喩日m"m□。駆 “HAlll BRN 品IW ●:R▼HDATE 物13た 跡 Y・Aに MCEW PR10R呼 “ HAMCAL OEFE●8ド酬 颯ハP,.RttFER γO NARRATIVEHO田 疇PHONE “ NO颯 venou Eerrmolror@ VIHIC“t," 01 1 DeSCRIBEVEHに ■爛D`“ACE ~∃雌目淋円鵬Ⅵlil naeaapn rDi. "悧 籠黙0“ARttER ~ ~P●L:●Y ttUmBERSTATШARM s33 1161_Cl)75A D!R OFγ 月理′eN0引 STREET Ott“:●HWAYI`8PEttp LIMI了 ス……_ToPrps― OT10 剛3 'TATe OLASS ハ!Rロハ0 ●AF“ΥΥ ttqul●.′Hlt W想 JO日 NsE Nu田 口●R□ NA“FFiR●γ,“ `puLE・ ・●.●DolirlEn3lll^Ile [ *uemmvrnW障 口'ApORES● DHoarltt or曖 地oLE"oROm●o円 □。F月 誦￢E「而rI]面 高F……EYEO IH日 ・HI FR10R ME●IIANO:AL雌 ●TS "ONEAPP.REFER TO NAtlPAr:ソ 凝 □ H●駐PI●L口uSINESS P“●NE にHiCヽ こЮINT,口 iCAT10は rlo疇 aER VEH10tE TvPE|たOCRHE VE"CLE DAMAO日 1撤 日胤日肥鶉卜IURANOECA"田 ロエ ~ P。lbVNumttER "R● F TRAυ EI ● “ OTREE,0え H101●●YSPttED L:“lΥ ,ヘ ,AL・T K HOLEは N020678 11●Pハ TCH I10T:Fle● □V鵬 □N・ 回m C.■0'DoNNELL 015381 DATE HtVlttЧ ED Oπ″″019 釘A■OF CALiFORNIADEPRTMENT OF CALFORNIA H10NAY PATROLTRAFttCCODING OHP 586 CARS PAOEム (RF吼 0441,OP1 000 PAGE2 OF6 1234●67SEA￢NC POSiT10N 1・ DttVER 2T00・ 0へ SSENOER3 7‐STAT10N WACON REAR O・ REAR.OCO TRlく ,OR VAN9_POslT:oN UNKNOWN O‐0「HER SAFETY EQulPMEN「 C∥LD RESTRJNT A‐NONE:N VEHloLE Q.IN v躙 :CLE UStD )・ UNKmWN R・ lN VEHCLE NOT usED :・ LAP日 =LT uSED s.:N vEHCt.E uSE UNKNOWN)・ LAP ttT NOT USED Tぃ IN VEHICLE WPROPER ttE I‐SHOLDER HARNESS uSED u_∥oNE IN VEHICLE‐SHOULDER HARNESS NOT UsED li SED ttR:蹴 ヽじ躍 ざ ∥N:'W:リ エ リ w.Υ ES Y‐YES AIR BAC B‐UNKNCu樹 L・ ハlR BAC DDLOYED M‐AIR BAC NOT DEPLOYED N‐OTHER P・ NOT REQUIRED INAπ ENT20N CODE3 A‐cELL P}10NE HAN側 菫LD B‐CELLPHoNEHANOsFREEC oELECTROMC EQUIPMENTD.RAD10′cD E‐SMOKINO F・ EATINc C・ C「|:LDREN H・ ANlarALS I・ PERSONALけ rα ENE」・READING K・ oT「ER 田ECTED FROM VEHiCLE O・ NoT EJECTED l‐FuLLY EJECIED 2・ PAttALLY EJECTED 3‐UNKb10WN :TEMS MARKED BELOW『9LLOWED BYAN ASTERISK r)SHOuLD BE EXPLAiNED IN THE NARRATIVE. LiSTNUM8ER{諄 )0,PARTY AT FAVLT ,KttCll FOR SI《ETcH DIAGRAM,細 E PAGE3 STATE OF CALIFORNIASKETCH DIAGRAM UNLESS STATD0ALL MEASUREMENTS ARE APPRO測 MATE AND NOT TO SCALE 」コ塑堕逗麹:den State Freew載 STATE OFiCALIFORNIA NOT!ドlCAT10N:12345678910 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 On 0212112019, at approximately.l255 hours, I responded to a property damage only traffic colllslon, which occurred on the northbound l-5, south of Biscailuz Dr. The involved parties exiled the freeway and were standing by at 29675 The Old Rd. in dastaic, CA g1gB4. I responded from the Newhall CHP Area office and arived on sceno at 1S0S hours. All times, speeds, and measurements are approximate. Measuremenls were obtained by visural 'esfl malion and slatements, STATEMENTS: I contaoted Pafi #'l (P-1, Guerracarrillo) away from lhe scene aQd identified him by his valid Callfornia Driver License. P-1 related in summary the following informatton: He was driving Vehicle #1 (V'i, Ford) northbound on l-5, south of Biscailuz. Dr., in the slow lane, at 20-25 mph, Traffic slowed. down qulckly because a white car changed lanes in lront of V-2. p-1 saw V-2 stop suddenly and P-1 applied V-1's brakes. P-1 was unable to stop V-1 behind V-2, and lhe front of V-1 struckthe rear of V-2, I conlacted Party #2 (P-2, [loyd) away from the scene and identified her by her valid California Driver License. P-2 relatod in summary the'following informatlon: She was driving Vehicle #Z (V- . 2, Toyota) northbound on l-5, south ol Biscailuz Dr., in the slow lane, at 10-15 rnph. p-2 had to stop quickly because a white car moved into herr lane, directly in front of her. As she camo to a comptete stop, she lelt an impact to lhe back of her vehicle. i. PREPARED 3Y !・ D.NUMBER DATE RttEWER`S NAME ・ DATEK.HOLEMAN o20678 02/212019 c.F`0:DONNELL 015381 o2/27/2019 STATE OF CALIFORNIA "1 SUM,[I[AHY: (Determined by statements and vehicle damage) 2 3 Party #1 (P-1, Guertacanillo) was driving Vehicle #1 (V-1, Ford) northbound on l-S, south of 4 Biscailuz Dr., in the #4 lane, at Q0 nrph dlrectly behind Vehlcle #Z (V^2, Toyota). party #Z (p-2, 5 Lloyd) was driving V-2 northbound on l-5, south of Biscalluz Dr,, in the #4lane, and $topped. 6 7 Thls collision was caused when P-1 was unable to safely slodstop V-1 behind V-2. Due to p-1's B unsafe speed for ffaffic conditions, he could not prevent the front of V-l from colllding with the rearI of V-2. 10 1 1 After the collision, both parties drove lo the right shoulder and awaited CHp arrival. 12 13 AREA oF lMPAcr: (Determined by statements and vehicle damage) 14 15 AOI #1 (V-1 vs. V-2) was located 20 feet soulh of the south road edge of Biscailuz Dr. and 6 feet 16 west of the east roadway edgo of l-5 northbound. 17 18 GAUSEi (Determined by.statements and vohicle damage), 19 20 Party #1 (P-1, Guerracarrillo) caused this collision by driving Vehicle #1 (V-1, Ford) in violation of 21 Calilornia Vehicle Code Sectlon22350 (unsafe speed). PREPARED BY :`D`NUMBER DATE REVIEWER'S NAME DATEK.HOLEMAN o20678 02/21/2010 o,F,0'DONNELL015381 o2/272019 鳳|ヽ ￢ 五 ＼P 愧 縦鰐″ 獨 ,`, , VALENCIA BODY SHOPr=NC. 26643 Auto Center Drive′VALENCIA′CA 91355 Phone:(661)255‐5565 FAX:(“1)255‐5517 Prellminary Eotimate wOrknle ID: 67d169cb State FPAl cAL000288805 BAR AH174061 Customer:ZLOYD′NATALIE Instlred: zLOYD′NATAttE Typeげ bs, Polnt of lmpact: o7Lelt Rear Owner: ZLOYD′NATALIE W∥職n By:DaJd HO・ nandez Policy#: Date oF L∝s: rmecLIon Location: VALENCIA 30DY S∥0%INC. 26643 Au“Centtr Drlve VALENCV、CA 91355 Repair Fad∥ty c661)255‐5565 0tlsin∝sC!ahl#: Days tO Repa r: 0 1nsurance Companv: VEHICLE 2016 TOYO Corona LE w/Conunuouslγ varlable Transmtssion 4D SED 4・ 1.8L CaSollne sequenual MPI GREY VIN: 5YFBURHEOCP468067 lJcanse1 7SJF333 Stlate: cA In崚 ∥or Colon Exterior Co10r: GREY ProductiOn Date1 2/2016 Mlteage In: 0 Mlleage Out: Condltlon: Vehlcle Out: 」Ob#: TRANSMISS10N Auい mauc■attrllssion POWEIt Power ttee∥ng Power Brakes Power WindoⅥ喝 Power Lom power M「Юrs Hcated Mirrors DECOR Dual Mh・ rors ■nted GlaSs consdげ stOttge CONVENIENCE Air Condtloning lntemiubnt Ⅵ4pers 771t tVheel Otl:se Conい|Rear Debgger Keyl“sEnw SLecrng、″heel TOtlch cOntrols Telesco口 c whed Climaい COntrOl Backup ttmeFa W/Par∥ng sensc・s RAD10 AM Radlo FM Radb Stereo Sear●/seek CD player Auxl∥ary Audio cOnnea10Fl Equ31:Zer SAFETY Drlvers side Alr Bag Passenger A!r&〕gAntl・ Loは Brakes“)rrOnt slde rmpacL A:「Bags Head′CuttalЛ Alr B●9s HandS Free Ddce SEATS CI∝h seats BuCkeL Seats WHEELS Wheel《bvers PAINぼ aear coat Paint OTHER l.racton control StaЫ I岬 cOntrol Xenon Head:amps Ca:iforn:a Emisslons bMκr TrtHlk/caに Release 3/22/201912159:46 PM 307476 Page I Preliminary Estlmate cu●tOm●出ZLOYtt NATALIE 2016 TOYO Corolla LE w/(bnunuOusly Varlable Transmlsslon 4D SED 4‐1`8L Casoline Sequentltt MPI GREY Llne Oper Labor PaintDetcrlptlonPart Number QLv Extended Prlceキl WINDSHllLD 2 * 3 R00F45 Rpr Windshに 同‐RoDe R&I LT D∥p mOld:ng Blnd LT RooFrall R8tI LT Door wlsL∥p6 PILLARSJ ROCi《ER&FL00R 7 RRI LT Rocker moldlng l l … 甲中.…9 FRONT DOOR 鰻 0,4 熙 10 1l REARじ 00R 12 13 14 15 16 # 21 # 22 # 23 * 24 25 26 27 23 2, 31 = 32 Bhd LT Outerpand(Hs5) R841 LT Belt mOldlng 熙延 LT Handier Outue b:ack RaI LT M tHm panel Subl Replace Cear Cuards+207o 0.3 0,3 0.4 0417 R811 LT Door wistrゎ 18 BACκ OLASS 19 キ Rpr Ea」ヒ』山西NL=Bpps 20 QUARTER PANEL 5874202160 48,00 X 14.14 腱 1,OF 2.OF 胆 O.2 0,3 0,1 Setup For Rear Body Pul! Pull a!ld Square Rear Body Rpr LT Quatter pand Add for Clear Coat Repl LT Stono guごd R&I Fuel d∞rRefn Fuel dOOr Add for Clear Coat R&I LT Pressurevent 2.4 1,0 0,3 0.1 Rpr Rear body panel OVerbp MaorAdi.P・ and Add for Clear Coat33 34 35 36 TRUNK LTD 37 38 * 39 40 41 42 43 REAR LAMPS 30 REAR 30DY餞 FL00R コ 1.6 -0.4 0.2 Rpr Trunk∥dOveriap Major Adjo Panel Add for Clear Coat Algn Trtlnk nd R81 Trlm mdttng w/camera Repl Nameplate ttCOROLLA° Repi Nameplate"LE11 R&I Trunk lld trlm 却m O:3 0.2 0,2 0,3 2.2 -0.4 0,4 7544202280 7544412D20 33173 26.32 3ノ 22/20191259:46 PM 307476 Page 2 Prellmlnary Estlmate cu戯 。mer:ZLOYD′NATALIE 2016 TOYO Coro∥a LE w/Conunuousけ vanable Tlansrnに JOn 40 sED 4・ 1.8L Casollne Sequenud MPI GREY Repl LT Conolamp assy Repl LT 8aCkup lamp assy R漱 hぎ J商 1漬 k眸 :町 甲9ト リP陽 TP aSSy … 8156002751 1 8159002510 1 127,39 lo4130 274,32 0,3 0,3 0.3 1.6 1nd, 1,0 011 0,1 O/H near humper Repl Bu[Ter cever Add for Clear Coat Flne Une Mask Upper to Lower Oover 5215900901 1 5257602110 1 63,93 5256302210 1 29,42 52161o2020 7 18,90 … ¨‐ … … _ . … 1 _ 12:9,T 2.6 1,0 52 Repl LT Sde suppOrt 53 Repl Ln・ Upperに ぃiner54 Reメ Bumper 00ver dゎ 露tェ b鳳 面虐b側 式需F'製"Ⅲ57 # 58 # 59 # 60 ** 61 ** 62 # 63 # 64 # Rpr Color Tlnt R+l Conodon Frotecttun Rpr ColorSand and buff Repl A/M Cwer Car foroverspray Repl A/M Covef Car for pdmer Repl Hazadous Waste Pre Repalr Scar Post Repair Scan 1 15,00 T l 10,00 T l 101∞T1 5,00 X11 0`5 0.2 0,2 0.5M O,5 MSUBTOTALS793.90 4118 13,6 ESTIMATE TOTALS Cat6gory Basls Rate Cost,Pafts Body Labor Palnt Labor Mechanlcal Labor Frame Labor Paht Supplles Mlscdlaneous 37,O hrs 1316 hrs l,Oh簡 3,O lus 13.6騰 $65,00/hr 165,Ooノ hr S125,ooノ hr 事95,00ノ け $42,00/hr 692.95 為4ウ ,oo 884,00 125,00 285.00 571,20 100.95Sub10tal5,116.10sales Tax $1,312,lo o 915000%124.65erand TOtal 5r240)75Deducuble CuSTOMER PAY INEuRANCE PAY b,240,75 3/27201912:59:46 PM 307476 Page 3 Pre∥minan「Esumat● Customeri zLOYD′NATALIE 2016 TOYO Coro∥a LE WrCOnunubusly Varlab10 Transmlsslon 4D SED 4‐1,8L Casoilne Sequentia:MPI GREY Part pHdngに based upon the latest lnformauon ava∥able From the manuFacturer(s).Actual pan pHcing L subiect tO change based upon pricing at the actual tlrne of sale, Please ask the appralser for clarlicat;On should any questiOns arise regardlng part prた ing: NOTE: Initial appralsals are based upon ⅥsuallnspecuOn Of external damage,In many instances slgnlflcant additlonal damage nlay be evldent anFr dls¨assembly ofthe damaged areal NOTE:VALENα A BODYSHOP exerdses great care to avold ghss breakage rehted to repa:rs,which requlre the removal oF the 91ass fOr a∝ess,Howeveし 忙is the nature oF glasswork that giass cannot always be removed wittOut breakage,VALENCIA BODⅥ,HOP CannOt be responslble For the coま of ghss re口 acement ln these lnstances` 1,Unless otherwise noted′a∥glass replacernentis New Non‐OEM 2.Unless otherwlse noted′a∥floor paneis′side members′inner panelsr relnforcement panels′quarter panels′andany;nner panels welded to the vehide that are noted as replacement kems on the repalr order′are secuoned (partbiV rephCed)′A∥sec∥onhg tt dOne accordhg to OEM gu∥dines and/or ICAR ttandards for∞∥聰bn repa計,FOR YOUR PROTEmON CALIFORNIA LAMI REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON WHO KNOWINCLY PRESENttS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUB」ECT TO FINES AND CONFINEMENT IN STATE PRISON. THE FOLLOWING IS A LI鋼 「OF ABBREVIAI10NS OR SYMBOLS THAT MAY BE∪SED丁 O DESCRIBE WORK TO BEDONE OR PARTS TO BE REPAIRED OR REPLACED: MOttOR ABBttVIAT10NS/SYMBOLS:D=DISCoNΠ NUED PARL A=APPROXIMATE PRICE=LA30R lWPES:B=BODY LABOR「D=DIACNO師 cり E=ELECTRICALr F‐FRAME′G=GLASS′M=MECHANICALI P=PAINT LA30馬 S=STRUCTURAL′T=TAXED MISCELLANEOuS′X=NON TAXED MISCELLANEOUS,CcC oNE:ADJ=ADJACENT′ ALCN=ALIGN′A/M=AtttRMARKE■8LND=BLEND′CAPA=∝RTIFIED AUTOMOTIVE PARTS ASSOCIAT10N′ D&R=DISCONNECT AND RECONNECTr EST=EttIMATE′EXT=PRICE=UNF「PRICE MULTIPLIED BY THE QUANl■TY′INCL=INCttUDED′MISC棗 MISCELLANEOUS′NACSttNAI10NAL AUTO GLASS SPECIFICAT10NS′NON"AD]=NONADJACEN■0/H=OVERHAUL′OP=OPERA■ON`NO=LINE NUMBER QTY=QUAN■TY′RECOND=RECONDI‐「10N′REFN=REFINISH′REPL――REPLACtt R8tI=REMOVE AND INSTALL′R&R=REMOVE AND REPLACE′RPR=REPAIR′ RT=RIGHTr SECIF‐SE鋼ON′SUBLESUBLE「′LT=LEF「′W/0=WrlHotJF′W/_雷 WITHた SYMBOLS:#=MANUAL LINE ENTRY′*=OTHER IIEllMOTORS DATABASE INFORMAT10N WAS CHANGED]′**=DATABASE LINE WITH AFTERMARKE「rN=NOTES ATTACHED TO LINE.OPT oEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS ttTHER OPT10NALLY SOURCED OR OTHERVJISE PROVIDED WITH SoME uNIQUE PRICING OR DISCOUNT: ・'CURE l■ME"MEANS THE LENGTH OF TIME THAT′PER THE ADHESIVE MANUFAttREtt THE WINpsHlELD ADHESIVE NEEDS TO CURE UⅢL THE Sと NDSHIELD CAN PROPERLY FUNmON AS A SAFF「Y DEVICE PURSUANT TO THE FEDERAL MOToR VEHICLE SAFFIY STANDARDS AND THE VEHICLE MANUFACrluRER'S SPECIFICAT10NS= THIS EttMATE HAS BEEN PREPARED BASED ON THE USE OF CRASH PARTS SUPPLIED BY A SOuRCE OTHER THAN THE MANUFACTURER OF YOUR MOTOR VEHICLE・ ANY WARRAttES APPLICABLE TO THESE REPLACEMENT PARTS ARE PROVIDED BY・ 「HE MANUFAttRER OR DISTRIBUTOR OF THE PARTS′RATHER THAN BY∥E ORICINALMANUFACTURER OF YOUR VEHICLE` 3/22/201912:59 46 PM 307476 Page 4 Prellmlnary Estlmate Customttr:ZLOYD′NATALEE 2016 TOYO Coro∥a LE w/Contlnuousiv Varlable Transmlsslon 4D SED 4-1.8L Gasollne Sequential MPI GREY Esumate based on MOTOR CRASH ESTIMAltNG GUIDE and pOtenuaけ Other thlrd patt soures of data,un'ess otherwにe noted′(a)a∥ltems are dettved from the Gulde ARM8429′CCC Data Date 03/15/2019′and potenda∥y OtherJJrd patt sources of datal and(b)the patt presented are oEM‐parts manufactured by the vehicles ottglnal Equい ment Manuhcturer,OEM parts are ava∥aЫ e at OE/Vehヒ ねdeaに “ hゎ s,OPT OEM(OptiOnal oEM)or A『OEMIAlternatlve OEM)patt are oEM par"that may bo prov∥ed by or through atterna腱 50urCes other than the OEM vehlcle dealershlps, oPT oEM or ALT OEM parts mav renect some speclncP speciaし or unique prに lng Or discount:OPT OEM or ALT OEM Parts maylndude"Bヒ mthed"patts provlded by oEMis through oEM vehた b dealershoS。 As"∥sk(*)or Double Asterlsk(**)indlCates that the patts andノ Or bbor data pЮ vlded by thlrd patty sources Of data nlay have been modⅢed Or may have come from an attFnate daLa source,Ti旧 esりn(～)ltus indicate MoToR NoL‐lnduded Labor opera∥ons,The symbol(く >)lndた ates the rettnbh Opera∥on WELL NOT be performed as a l蝋 蠅 職 蜘1ゝ i駆 撻 鱚 哩震躙 ∥W品 棚出織re )re, NACS Part Numbers and Benchmark P∥ces areprovided by Natbnal Auto GlaSs Specilc■|。nS,Labor operatlon Jmes listed on the∥ne wtth the NACS informauonare MoToR suggested labor operaJon umes,NACS hbor operattOn umes are nOt hduded,Pound Jgn(#)に こms:ndlcate manua!entrles. Some 2019 vehides con餞 コin mlnor changes frOm the prevlous year. For those vehlclesr prlor tO recelv:ng updated dah from the vehicle manufacturer′labor and parts data From the prevlous year may be used` The ccc oNE eslimator has a list of applicable vehlcles, Parts numbers and prices should be oonfirmed with the local dealё rship. The Fo∥owlng ls a∥st Of additional abbrevlatbns Or symbols that may be used to describe work to be done Or parLs to be repaレ ed or repla∞d: SYMBOLS FOLLOVrING PART PRICE: mttMOToR Mechanlcal component. s=MoTOR Structural component, T=Mlsce∥aneous Taxed charge cate9ory, X=Miscellaneous Non―Taxed charge category, SYMBOLS FOLLOWINC LABOR: DttDiagnostic:abor ote9ory` E=Electrlca::abor category. F=Frame labOr cate9ory. GttGlass iabor cate9ory. M=Mechanlω l labor category,s=Structural labor category。(numbers)l thrOugh 4=User Delncd Labor cate9o∥es, OTHER SYMBOLS AND ABBREVIA■ONS: Adi`=AdiaCentr A19o,・ A119ni ALU=Aluminum`A/M=Aftermarht part,Bind=Blend.BOR=Boron steel. CAPA=CerUfled Automotive Pa!ts Assoclationt D&R=DisconnecL and Reconnecti Hss‐H19h Strength steel.HYD=Hydroformed sね olo lnd:=Induded: LKQ=日 ke Klnd and Quallty,『=LefLo MAC=Magnesiumo Non―Adl`=NonAdjacento NSF‐NSF Internatbnal cetttOd Part,0/H=overhaul,Qly=Quantけ :Rem=Relnish,Rep:=Rephce, R&I=Remove and lnstall・ R8tR■RemoⅥe and Replacel Rpr=Repairi RT=R!9ht. sAS=Sandwlched Steel, Sec卜 Sectloni SuЫ =SuЫ et,UHS‐Uttra H●h strength Sttdo N=Nokて s)aSSOdated wth the esumate lme, CCC ONE Estlmaung¨A product of CCC Inforrnatlon Servlces lnc, The following is a list oF abbrevlations that may be used in CCC ONE Estimatlng ttat are not part of the MoToR CRASH EttMATING GUIDE: BAR=Bureau oF Automotive Repairi EPA=Environmental Protectlon Agency. NHTSA=Natlonal Hlghway Transportation and SaFety Administrationi PDR=Palntless Dent Repalr, vIN=Vehicle ldentincatiOn Number. 3/22/201912:59:46 PM 307476 Page 5 2■50 CENTRE Pα NI MRKWAYr ttNTA `Shに 踏 mЮ 麗 需CLAR「FA′CA 91350 Phone:(661)253‐5059 FAX:(661)253-0638 Pre∥minary Estimate Gustomsr: LIOYD, NATALXE Y/tltten By: Ramon Lozano Insured: LOYD, MTAUE polacy #; Oa[n #r Type 0f l.ossr Date of Loss: Days to Repaln 0 Polnt of Impact: OWneF: LiOYtt NATALIE Inspection Locauon: CENTRE P01NTE COuJsloN 21150 CErrRE p01NTE PARKWAY SAN「A CLAREへ CA 91350 Repa「Facnlw (661)253‐5059 BuJness lnsuronce Companyt VEHlCLE 2016 TOYO Coroila LE wノ COnunu●usly Varlable Translnisslon 4D SED 4‐1,8L Casoline蜘 Ⅲ91tia:MPI GRAY VIN1 5YF811RHEOCP468067 1nte∥or color: M∥eage lh: O vehide Out: Lに ense: 7S」ド333 Exterior color: GRAY M∥eage ouじ S●te; CA Product!on Date: cOndllon: ,Ob#: TRANSI16S10N CONVENEENCE FM Radlo sEATS Automauc Transm聰 Jon Alr Condluoning sい に。 cloth Seats ・ POWER IntermlLnt Ⅷpers seTch/seeκ Bに keL SeatS Pouttr Steer:ng ￢lt whee! cD Piayer wHEELS pOvrer Brakes crtllse Control AuX∥la:γ Audlo COnnection wheei Covers Power WIndows Rear Defogger EqLiallZer pAlNT Power Lodcs Kttess Entψ : sAFFrY Gear COat Pant Power M“Tois Sぃ c"no Wheel Touch cOnい 13 D∥vers Slde Alr 3a9 oTHER Heated Ml「ors Teiescopic wlleeI Passenger AF Bag Trac∥oll cOn廿 olDECOR c∥mate contro: An●Lock Brakes(4) StaЫ ilty COntrOl D旧 I Mi「ors Baは up Camera w/Pal劇 ng Senso齢 Fmt Sldc lmpadハ ir Bags xenon Headlamps Thmd Gbtt RAD10 He劇 にじ由ln Alr Bags cal11跡 :lb Fmlssbn5 Cottole/StOrage AM R3db Hands Free Device POwer TrunvGate Rdease 722/201912:17:13 PM 001254 Page l Pldlmlnary Estlmate Customer: LIOYD, NATALIE 2016 TOYO Corolla LE w/Contlnuowly varlable Transmlsslon 4D SED 4-t,BL Gasoltne Sequentlat MpI GRAY Line 0per Descrlptlon Paft Number Labor12345678 9 Repl LT Combo hη paw 10 QUARTER PANEL # PRE5CANtt PostscAN nrln sufupLi Oftl reer bumper Repl BLrnpet cover Add for Oear Coat Repl LT 5l& supprt REAR LAMPS ヽ 5215903901 5257602110 8156002751 5874202160 62940AA030 0.5 M O,5M l.6 1nd. 011 26 lЮ 63,93 11 12 お 13 14 15 16 17 沐 18 WHEELS 19 20 R00F 21 22 23 # 24 # 25 # 26 # 27 # 28 # 29 # 30 # 31 # 32 ″ 33 # 34 # 35 # 36 # 37 ′ Repl LT Stone gu劇 Rpr LT Quarter panel Add FOr Cl∝r coat Repl LT Pに ssure vent R811 FueldoOr 馴nd P●d door R「LT Outer whedhouse R8tr LT/Rear R8d wheel Bind LT RooFra∥ R8ti ピT Drip molding Rpr ROPE tt AND RR GLASS Repl LT RR D00R EDGE CUARD ・卜200rr。 Repl LT RR D00R CUP GUARD+200/● Cover Car Pttr Adheslon Promotor Ha7」dOtls Wa壺 Color unt Dlsarm a:rbags Feather edge′prlme and uOck 印r CO10r sand arld bulT Rpr "口 p&p面 ′ Rett Coroson protecLlon ttmer Repl MaskJa蒔 Red Covercar Rヴ Flex Addilive 1 127,89 o.3 1 14.14 o,2 盈 46.29Sm1111111 24.00 24.00 10.00 18.00 3.00X 10,00 8.00 12.00 3.00 10,00 12.00 0.2 0,5 1,0 1,OM l,0 1.5 3(0 0,5 0.3 0.5 1.0 SUBTOTALS 660.57 ■0.0 3/22/201912:17:13 PM 001254 Page 2 Qty Exhnded Pa:nt 274.32 Prellmlnary Estlmate CWStOmer:L10YDJ NATALIE 2016 TOYO CoЮ ∥a LE w/ConJnuotlsly Vanable Tttnsln:5S10n4D SED 4‐1.8L Gaso∥ne seqtlentlal MPI GRAY 目釘 =MATE TOTALS Ba31e Coct $ Parts Body Labor Palnt Labor Medunlcal Labor Palnt supplles Mlscellaneous 37.lh膊 10.O hrs 2.Oh購 10.Ohs 165.00/h「 165,00/hr 1125.00/hr 042.00ノhr 657.57 2′411:50 650.00 250,00 420,00 3=00 t392.07 Sales Tax 市1′077.57 @ 9.5000%102.37 Crand Total 4′494,44 Deductlble ●USTOMER PAV INSURANCE PAY 4・ 494.44 {<t*****<* Estlmate wrltten per customers request,subJect to Insurance Companles aUthof lzation.x*r(*)r*fi\{*{(********,***t*i(fi*,}t*:r***)k***r++xx#{.**xx*x****t(* f*{<***x<{<xx***r*x****}r* Parts prlctng is based upon the latest lnformation available fmm the manufacturer (s). Achral part priclng is subject to change based upon prlclng at the actual time of sale. Phase ask the appralser for clarlficaUon should any quesgons arlse regadlng pad prlclng NOTE: Initial appralsals are based upon visual inspectlon of e*ternal damage. In marry lnstances signlflcant additional damage may be evident after dls-assembly of the darnage area. NOTE: Centre Polnte Collision Center Inc. exerclses great care to avoid glass breakage related to repatrs, whlch require the removal of the glass for access, However, it is the nature of glasswork that the glass cannot always be removed without breakage. Centre Polnte Colllslon Center Inc, cannot be responslble for the mst of glass replacement ln these instances, L. Unless othenrrlise noted, allglass replacement is New Non-OEM 2. Unless othenruise noted, all floor panels, side memberq lnner panels, reinforcernent panels, quarter panels, ancl any inner panels welded to the vehlcle that are noted as replacemenl items on the repair order, are sectioned (pa*ially replacecl), All sectlonlng Is done accordlng to OEM guldelines andlor ICAR standards for collbion repalr. 3/221201912:17:13 PM 001254 Page 3 0.00 Preliminary EsHmate Customer:日 OYpr NATALEE 2016 TOYO Corolb LE w/Conunucusly VanaЫ e■anslniss:on 4D SED 4‐1.8L casdhe sequenth!MPI GRAY FOR YOUR PROTEC口 ON CAttFORNIA LAW REQUIRES IHE FOLLOW]NG TO APPEAR ON THIS FORM: ANY PERSON llVHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME AND MAY BE SUB」ECT TO FINES AND CONFINEMENttIN STATE PRISON` THE FOLLOWING IS A l工 釘 OF ABBREVIAT10NS OR SYMBOLS T「lAT MAY BE USED TO DESCRIBE WORK TO BE DONE OR PARTS TO BE REPAIRED OR REPLACED: MOTOR ABBREVIAI10NS/SYMBOLS:D=DISCONIINUED PART′A=APPROXIMATE PRICEo LABOR TYPES:B=BODY LABOR′D=DIACNOSTIC,E=ELEC「FRICALF F=FRAM島 G=GLASS′M=MECHANICAし P=PAINT LABOR S=STRUCTURAL′T=TAXED MISCELLANEOUS′X=NON TAXED MISCELLANEOuS,ccc oNE:AD」‐ADJACEN丁 ′ ALCN=ALIGN′A/M=AFTERMARKET′BLND=BLEND′CAPA=CERπ FIED AUTOMOnVE PARTS ASSOCIAI10N′ D&R=DIS00NNECr AND RECONNEヽ 、ESTEE5Π MATE′E訂 `PRICE=UNIT PRICE MUビ 肛PLIED BY THE QUAN羽 日Y′ INCL=INCtUDED′MISC=MISCELLANEOUSr NACS=NAIIONAL AUTO GLASS SPECIFICAWON6 NON‐AD」・ NON AD」ACEN■0/H=OVERHAUL′OP=OPERA■ON′NO=LINE NUMBER′QIY■QUANTITYJ RECOND=RECONDIT10N′ REFN=REFINISH′REPL=REPLACE′Fttu=REMOVE AND INttLL′R8tRCREMOVE AND REPLACE「RPR=REPAIR′ RT=RIGtti SE釘 =SEC「10N′SUBL=SUB日 =L LT=LEFTP W/0=tVITHOUrr w/_コ wITHノ_ SYMBOLS:#=MANUAL LINE ENTRY′*=OTHER IIE`.MOTORS DATABASE INFORMAT10N WAS CHANGED]′**=DATABASE ENE WrrH AF「ERMARKFF′N=NOTES ATTACHED TO LINE.OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARヽ EITHER OPT10NALLY SOURCED OR OTHERⅥ′ISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT, ・OURE l円 ME'MEANS THE LENGTH OFl日 ME THAT′PER THE ADHESIVE MANUFACTURER′THE WINDSHIELD ADHESIVE NEEDS TO CURE UNIL THE MNDSHIELD CAN PROPERLY FUNCT10N AS A SAFtt DMCE PURSUANT TO THE FEDERAL MOTOR VEHI∝E SAFFIY NANDARDS AND THE RIEHICLE MANUFACTURERS SPECIF■CAT10NS. 3/22/20191.2:17:13 PM 001254 Page4 preliminary Estihate Cり `綸 nter:L10VDr NATALIE 2016 TOYO Corolb LE w/Corthuo鵬 けVanable Transm應Юn 4D SED 4‐1,8L Casonne sequerlutt MPI GRAY EstllTlate based on MOTOR CRASH ESπ MATTNG CUIDE and potentla∥YO出er third parw sources of datal unless otherwヒ e noted′ca)alI比 ems are derlved ttom he Gulde ARM8429′CCC Data Date 03/15/2019′and Potentlalけ other th「d patt sources oF dabl and(b)the parts presented are OEM‐patt manufadured by the vehlcles orolnal Eqttpment Manufacturer,oEM pans are ava∥able at oE/Vehlde dealers∥ps,o「F OEM(Optbna:oEM)or ALT OEM (Alternat"e OEM)parじ are oEM parts that may be provided by orthrough alternate souκ es otherthn the OEM vehicle dealershlpsI O口「OEM o「ALT OEM parts may reflect some specnc′specloし or unlque priclng or disoount, OFrr OEM or ALT OEM patts may hdule"馴 emにhed"parts provlded by OEMゝ 由Юugh OEM vehた le dedesmps, AStettsk(*)Or Doubtt ASte∥sk(**)mdlCates that the parts and/or bbOr data proⅥded by thlrd patt sources of data may have been modned or may have come from an alternate data soure,Tlは e sun(～)items hdlcatt MO10R NOt―Induded Labor operauOns.T1le symbol(く >)indに atts the rennish OperaJon WILL NOT be perForrlned as a separate pr∝edul●frOm the other pands h the estlmate,Non‐Orlmal EqJpment Manuttcturer a■errrlarket pans aに desc∥bed as Non OEM′A/M or NAGS,Used parお are desc∥bed as LKQ′RCY7 or USED=Recondttoned parts are described as Recond, ReCOred parts are descrlbed as RecOre. NAGS ParL Numbers and Benchmark Prices are, provided by National Auto GlaSS Speclflcations, bbor operatlon tirnes ilsted on the lineいЛth the NACS informatlon are MO10R su99ested hbor opera∥on umesi NACS hbor operauon umes are not hdudedi Pound Jgn(#)ltemS indicate manual entrles. Some 2019 vehに les contam minor changes from the pre」ous year`FOr those vehに ね島prbr to receヤ lng updated data from the vehlcle manufacturerrlabor and parts dab From une previous year mav be usedo The CttC ONE esumatOr has a list oF app∥caЫ e vehlcles, Parts numbers and prlces should be conlrlTled with the bcai dealership. The folbwing is a list of additional abblevlations or symbols that may be used to desdbe work to be done or parts to be repalred or replaced: SYMBOLS FOLLOWING PART PRICE: m=MOTOR Mechanical component, s‐MOTOR StruCtural component. T=Misce∥aneous Taxed charge cate9ory. X=Miscellaneous Non―Taxed charge categoryt SYMBOLS FOLLOWING LABOR: D・ DiagnosLic labor ca範 9ory: EEE!cctrical labor categop/・ F=Frarle labor cate9ory, G=GlasS Iabor mtegory. M=Mechan;cal labor category.S=Sttuctural labor∽tegOry.(numbers)l thrOugh 4=User Deined Labor Camgorles, OF「HER SYMBOLS AND ABBREVIAl10NS: Adi,コ Adjacent.Algnt=Align, ALU=Aluminum`ArM=AfLermarket part, Blnd=Blend. BORコ BorOn steel。 CAPAヨ brtined Automotive Parts Association.D&R=Disconnect and RecOnnect. HSS=Hlgh Sttangh Steel= HYD=HydroFOrmed Steel=Ind.=Induded.LKQ=日 ke Kind and Qudiけ ,LT=LeR.MAC=M∞nedumi Non‐Adi。当Non AdHenti NSF・ NSF Internatlona:Cerヒ ned ParL. 0/H=OVerhaul. Qty=Quantityo Refn=Refinishl Repl=Repla∝,R8tIヨ RemOve and ln5ta∥. RaR・ Remove and Replace. Rpr=Rep自 ir. RT=Right. SAS妻 Sandwiched Steel, SecL=S∝なOn.Subl=Subld,UHS=Ultra High Strength Steel` N・ Note(s)assOCiated wtth the esumate∥ne. CCC ONE Esumaung‐A product of CCC InformaUon Servlces lnc. The fol:owing b a llst of abbreviations that面 ay be used ln CCC ONE Estlmaung hat are not part ofthe MOTOR CRASH E5Π MATING GUIDE: BAR=BuЮ au of Automouve Repairo EPA=EnVlronmenbl Protectbn Agency.NHTSA=Nat10nal Highway Transportation and SaFety Administratlonl PDR=PainJess Dent Repa貯 .ⅥN=Vehlcle ldentiFicatlon Numbert 3/22/201912:17:13 PM 001254 Page 5 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, JULY 16, 2019, IN COUNCIL CHAMBER OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA CALL TO ORDER & FLAG SALUTE The Meeting was called to order at 9:00 a.m., by Mayor Ybarra. Director of Human Resources Earl led the Flag Salute. Members Present:Melissa Ybarra, William Davis, Carol Menke Members Absent:Leticia Lopez CHANGES TO THE AGENDA Interim City Clerk Harrington announced that staff would be pulling Agenda Item No. 17 from Consent Calendar to be considered at the end of New Business. PUBLIC COMMENT No Public Comment provided PUBLIC HEARING 1.Public Utilities Adopt the Proposed Negative Declaration for the Construction of Well No. 22 Recommendation: A. Conduct a Public Hearing; and B. Adopt the proposed Negative Declaration for the construction of Well No. 22, in accordance with California Environmental Quality Act (CEQA) Guidelines § 15074; and C. Authorize the Director of Public Works to file a Notice of Determination with the Los Angeles County Clerk, in accordance with §15075 of CEQA, finding that the project will not have a significant effect on the environment. Mayor Ybarra opened the Public Hearing at 9:02 a.m. Interim General Manager of Public Utilities Alemu reported on the proposed Negative Declaration for the Construction of Well No. 22. No public comment provided. Regular City Council Meeting Minutes July 16, 2019 Page 2 of 15 Mayor Ybarra closed the Public Hearing at 9:05 a.m. It was moved by Council Member Menke and seconded by Council Member Davis to: Adopt the proposed Negative Declaration for the construction of Well No. 22, in accordance with California Environmental Quality Act (CEQA) Guidelines § 15074; and Authorize the Director of Public Works to file a Notice of Determination with the Los Angeles County Clerk, in accordance with §15075 of CEQA, finding that the project will not have a significant effect on the environment. Motion carried, 3 - 0. Yes:Melissa Ybarra, William Davis, Carol Menke No:None PRESENTATION 2.Human Resources Recognition of Retiring Employee - Vincent A. Rodriguez, Public Works Superintendent Recommendation:A. Acknowledge and present a proclamation to retiring employee Vincent A. Rodriguez, Public Works Superintendent, in recognition of his dedicated service to the City of Vernon. Interim City Clerk Harrington read the Proclamation. Mayor Ybarra presented the Proclamation to retiring employee Vincent A. Rodriguez, Public Works Superintendent. Vincent Rodriguez said a few words and thanked fellow employees for their support and friendship. 3.Human Resources Recognition of Retiring Employee - William F. Fox, Director of Finance/City Treasurer Recommendation:A. Acknowledge and present a proclamation to retiring employee William F. Fox, Director of Finance/City Treasurer, in recognition of his dedicated service to the City of Vernon. Interim City Clerk Harrington read the Proclamation. Mayor Ybarra presented the Proclamation to retiring employee William F. Fox, Director of Finance/City Treasurer. William Fox said a few words and thanked City Council, staff, and fellow employees for their support. 4.Human Resources Employee Service Pin Awards for June 2019 Recommendation: No action required by City Council. This is a presentation only. Regular City Council Meeting Minutes July 16, 2019 Page 3 of 15 Interim City Clerk Harrington announced the Service Pin Award recipients for June 2019, who were not present. CONSENT CALENDAR No Public Comment provided. It was moved by Council Member Davis and seconded by Council Member Menke to approve Consent Calendar Items 5 through 16 and Items 18 through 24. Motion carried, 3 - 0. Yes:Melissa Ybarra, William Davis, Carol Menke No:None 5.City Clerk Minutes of the Regular City Council Meeting Held on June 18, 2019 Recommendation: A. Receive and File 6.City Clerk Minutes of the Regular City Council Meeting Held on July 2, 2019 Recommendation: A. Receive and File 7.City Clerk City of Vernon Compliance with the California Voter Participation Rights Act, EC §14050-14057 (California State Senate Bill 415) Recommendation: A. Find that receiving this California Voter Participation Rights Act report and analysis is exempt from California Environmental Quality Act ("CEQA") review, because it is an 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; and B. Receive and file report on City’s compliance with the California Voter Participation Rights Act, California Elections Codes §14050-14057 (California State Senate Bill 415). 8.Finance/Treasury Ratification of Warrant Registers to Record Voided Checks Recommendation: A. Ratify the following warrant registers to record voided checks: Regular City Council Meeting Minutes July 16, 2019 Page 4 of 15 1) Operating Account Warrant Register No. 20 to record voided Check No. 602639 in the amount of $5,360.83 issued 04/16/19 to Gautier Land Company. 2) Operating Account Warrant Register No. 24 to record voided Check No. 603098 in the amount of $5,360.83 issued 05/30/19 to Gautier Land Company. 9.Finance/Treasury Approval of City Payroll Warrant Register No. 757 Covering the Period of June 01 through June 30, 2019 Recommendation: A. Approve City Payroll Warrant Register No. 757 which totals $2,965,386.47 and consists of the following: 1) Ratification of direct deposits, checks and taxes totaling $2,297,256.36. 2) Checks and electronic fund transfers (EFT) paid through Operating bank account totaling $668,130.11. 10.Finance/Treasury Approval of Operating Account Warrant Register No. 26 Covering the Period of June 25 through July 08, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 26 which totals $5,439,704.38 and consists of the following: 1) Ratification of electronic payments totaling $4,907,347.46. 2) Ratification of the issuance of early checks totaling $532,356.92. 11.Fire Department AT&T Inc./New Cingular Wireless PCS, LLC Site Access Agreement Recommendation: A. Find that the approval proposed in this staff report is exempt from review under the California Environmental Quality Act ("CEQA") pursuant to Public Resources Code Section 21080.25, the statutory CEQA exemption adopted specifically for the design, site acquisition, construction, operation, or maintenance of certain LA-RICS (defined below) facilities, including the LA- RICS PSBN (defined below), which has been sold and transferred in whole to AT&T Inc./New Cingular Wireless PCS, LLC (“AT&T-NCW”). In addition, the FirstNet NPSBN project contemplated under the proposed Site Access Agreement with AT&T-NCW is categorically exempt under CEQA pursuant to CEQA Guideline sections 15301, 15303, and 15304 since it would potentially involve only minor alteration of existing facilities, mechanical or Regular City Council Meeting Minutes July 16, 2019 Page 5 of 15 telecommunications equipment, and location of new small facilities as well as minor alteration in the condition of land, none of which would have a significant effect on the environment; and B. Approve a Site Access Agreement with AT&T-NCW, in substantially the same form as submitted herewith, to use portions of City real property to construct, operate, maintain and repair a Long Term Evolution Broadband ("LTE") communication facility at two approved sites owned by the City; and C. Authorize the City Administrator to execute the Site Access Agreement with AT&T-NCW. 12.Fire Department Fire Department Activity Report for the Period of June 16 through June 30, 2019 Recommendation: A. Receive and file. 13.Human Resources Approval of Amended Public Works Superintendent Job Description Recommendation: A. Find that approval of the attached job description revision 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. Approve amended Public Works Superintendent Job Description to more accurately reflect the duties, responsibilities and requirements of this position effective July 16, 2019. 14.Police Department Police Department Donation of 2011 Ford Crown Victoria to the Rio Hondo College Police Academy Recommendation: A. Find that approval of the proposed donation is exempt under the 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. Authorize the donation of a surplus 2011 Ford Crown Victoria to be conveyed to Rio Hondo College Police Academy; and Regular City Council Meeting Minutes July 16, 2019 Page 6 of 15 C. Approve a donation and release agreement, in substantially the same form as submitted herewith, with Rio Hondo College Police Academy to use and retain the patrol vehicle as needed for training of Police Officer recruits; and D. Authorize the City Administrator to execute the Deed of Gift and Donation Agreement and Release on behalf of the City of Vernon. 15.Police Department Vernon Police Department Activity Log and Statistical Summary for the period of June 1 through June 15, 2019 Recommendation: A. Receive and file. 16.Public Utilities Approval of Loan Agreement with the Water Replenishment District of Southern California Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (“CEQA”) in accordance with CEQA Guidelines § 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment, and any construction that may occur by a private party relying on this approval in the future would be subject to CEQA review at that time; and B. Approve a Loan Agreement with the Water Replenishment District of Southern California, in substantially the same form as submitted herewith, in the amount of 1,500,000 for the construction of Well No. 22; and C. Authorize the City Administrator to execute the Loan Agreement with the Water Replenishment District of Southern California ("WRD"). 17.Public Utilities Award of Construction Contract to Zim Industries, Inc. for the Well No. 22 Construction Project Recommendation: Removed from Consent Calendar for discussion and action at end of New Business - A. Contingent on the adoption of the Negative Declaration, which determination was made by City Council during today’s Public Hearing Regarding the Proposed Construction of Well No.22, find that approval of the contract award for the Well No. 22 Construction Project is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA); and Regular City Council Meeting Minutes July 16, 2019 Page 7 of 15 B. Accept the bid from Zim Industries, Inc., as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute a Construction Contract with Zim Industries, Inc., in substantially the same form as attached herewith, in an amount not to exceed $2,018,796.00 for the construction of Well No. 22; and D. Authorize a contingency amount of $181,204.00 in the event of unforeseen changes in the project and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary. At approximately 9% of the total contract value, the contingency amount requested is typical for this type and size of project. 18.Public Utilities Award of a Services Agreement with Richard C. Slade & Associates LLC for Construction Management Services for Construction of Municipal Water Wells Recommendation: A. Find that approval of the services agreement 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. Determine that the award of the proposed agreement is in the best interest of the City and, therefore exempt from the competitive selection process per Section 2.17.12(B)(3) of the Vernon Municipal Code; and C. Approve a Services Agreement with Richard C. Slade & Associates LLC, in substantially the same form as attached herewith, for an amount not to exceed $99,887.00 for the Construction Management Services for Construction of Municipal Water Wells; and D. Authorize the City Administrator to execute a Services Agreement with Richard C. Slade & Associates LLC, for 200 calendar days commencing upon issuance of a written Notice to Proceed. 19.Public Works A Resolution Approving the Agreement for Billing of Direct Assessment with the Los Angeles County Auditor-Controller to Collect and Distribute the Warehouse Special Parcel Tax for Fiscal Year 2019/2020 Recommendation: Regular City Council Meeting Minutes July 16, 2019 Page 8 of 15 A. Find that the approval of the proposed resolution does not constitute a “project” pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity and government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant impact on the environment; and even if the adoption of the proposed resolution 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 a significant effect on the environment; and B. Adopt a resolution approving and authorizing the Finance Director to execute an Agreement for Billing of Direct Assessments (Warehouse Special Parcel Tax) with the Los Angeles County Auditor-Controller’s Office for the collection and distribution of the Warehouse Special Parcel Tax for Fiscal Year 2019/2020; and C. Authorize the Finance Director to file the Agency Information Sheet with the Los Angeles County Auditor-Controller for the Warehouse Special Parcel Tax. 20.Public Works A Resolution Approving the Agreement for Billing of Direct Assessments with the Los Angeles County Auditor-Controller to Collect and Distribute the Public Safety Special Parcel Tax for Fiscal Year 2019/2020 Recommendation: A. Find that the approval of the proposed resolution does not constitute a “project” pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity and government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant impact on the environment; and even if the adoption of the proposed resolution 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 a significant effect on the environment; and B. Adopt a resolution approving and authorizing the Finance Director to execute an Agreement for Billing of Direct Assessments (Public Safety Special Parcel Tax) with the Los Angeles County Auditor-Controller for the collection and distribution of the Public Safety Special Parcel Tax for Fiscal Year 2019/2020; and Regular City Council Meeting Minutes July 16, 2019 Page 9 of 15 C. Authorize the Finance Director to file the Agency Information Sheet with the Los Angeles County Auditor-Controller for the Public Safety Special Parcel Tax. 21.Public Works A Resolution Approving the Public Safety Special Parcel Tax Rate Adjustment for Fiscal Year 2019/2020 Recommendation: A. Find that the approval of the proposed resolution does not constitute a “project” pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity and government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant impact on the environment; and even if the adoption of the proposed resolution 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 a significant effect on the environment; and B. Adopt a resolution setting the Public Safety Special Parcel Tax rate at $0.03391 per square foot of taxable parcel area for Fiscal Year 2019/2020 and submitting the Public Safety Special Parcel Tax List to the Los Angeles County Auditor Controller. 22.Public Works A Resolution Approving the Warehouse Special Parcel Tax Rate Adjustment for Fiscal Year 2019/2020 Recommendation: A. Find that the approval of the proposed resolution does not constitute a “project” pursuant to sections 15378(b)(2) and (4) of the Guidelines to the California Environmental Quality Act (“CEQA”), because it constitutes an administrative activity and government funding mechanism that does not involve any commitment to any specific project which may result in a potentially significant impact on the environment; and even if the adoption of the proposed resolution 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 a significant effect on the environment; and B. Adopt a resolution setting the Warehouse Special Parcel Tax rate at $32.886 per 100 square feet of gross area of land for Fiscal Year 2019/2020 and submitting the Warehouse Special Parcel Tax List to the Los Angeles County Auditor-Controller. Regular City Council Meeting Minutes July 16, 2019 Page 10 of 15 23.Public Works Acceptance of Electrical Easement at 5300 Boyle Avenue (APN 6310-008- 022) Recommendation: A. Find that the acceptance of the Electrical Easement proposed in this staff report is not a “project” as that term is defined under the California Environmental Quality Act (CEQA) Guidelines Section 15378, and even if it were a project, it would be categorically exempt in accordance with CEQA Guidelines Sections 15301 (maintenance, repair or minor alteration of an existing facility and involves negligible or no expansion of an existing use) and 15061(b)(3) (general rule that CEQA only applies to projects that may have a significant effect on the environment); and B. Accept the Electrical Easement, in substantially the same form as attached to this staff report, and authorize the Mayor to execute the Certificate of Acceptance. 24.Public Works Amendment No. 1 to the Attorney Services Agreement (Transactional) between the City of Vernon and Rutan & Tucker, LLP for Legal Consulting Services Regarding City-Owned Housing Recommendation: A. Find that approval of the proposed amendment 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 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. Approve Amendment No. 1 to the Attorney Services Agreement (Transactional) between the City of Vernon and Rutan & Tucker, LLP for legal consulting services regarding City-owned housing, in substantially the same form as submitted herewith, to increase the not-to-exceed amount an additional $7,000, for a total of $17,000; and C. Authorize the City Administrator to execute Amendment No. 1 with Rutan & Tucker, LLP. NEW BUSINESS 25.Health and Environmental Control Department A Resolution Approving and Authorizing the Execution of an Agreement Accepting the Assignment of the Non-Exclusive Franchise Agreement for Regular City Council Meeting Minutes July 16, 2019 Page 11 of 15 Commercial Solid Waste Collection of United Pacific Waste, Between the City of Vernon, United Pacific Waste, and CR&R Incorporated Recommendation: A Find that the adoption of the proposed resolution 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 Approving and Authorizing the Execution of an Agreement Accepting the Assignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection of United Pacific Waste, Between the City of Vernon, United Pacific Waste, and CR&R Incorporated. Director of Health and Environmental Control Agyin reported on the proposed resolution approving and authorizing the execution of an agreement accepting the assignment of the Non- Exclusive Franchise Agreement for commercial solid waste collection. No public comment It was moved by Council Member Menke and seconded by Council Member Davis to: A Find that the adoption of the proposed resolution 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 Approving and Authorizing the Execution of an Agreement Accepting the Assignment of the Non-Exclusive Franchise Agreement for Commercial Solid Waste Collection of United Pacific Waste, Between the City of Vernon, United Pacific Waste, and CR&R Incorporated. Motion carried, 3 - 0. Yes:Melissa Ybarra, William Davis, Carol Menke No:None 26.Public Works Atlantic Boulevard Bridge Rehabilitation and Widening Project, Agreement Change Order No. 10 (Contract No. CS-0099) Recommendation: A. Find that the approval of the proposed change order in this staff report is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063 of the CEQA Guidelines; and B. Approve Agreement Change Order No. 10, in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No. CS- Regular City Council Meeting Minutes July 16, 2019 Page 12 of 15 0099, authorizing CNS Engineers, Inc., to provide additional right-of-way acquisition support and coordination services as well as additional research required to complete the City’s supplemental Section 106 study as described below for the additional cost of $13,306.87, increasing the total contract cost to $1,900,475.35; and C. Authorize the City Administrator to execute Agreement Change Order No. 10. Director of Public Works Wall reported on the proposed Bridge and Rehabilitation and Widening Project Agreement Change Order No. 10 (Contract No. CS-0099). No Public Comment Provided. It was moved by Council Member Davis and seconded by Council Member Menke to: A. Find that the approval of the proposed change order in this staff report is within the Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA) in accordance with Section 15063 of the CEQA Guidelines; and B. Approve Agreement Change Order No. 10, in substantially the same form as submitted herewith, for the Atlantic Boulevard Bridge Rehabilitation and Widening Project, Federal Project No. DBPL02-5139(010), Contract No. CS-0099, authorizing CNS Engineers, Inc., to provide additional right-of-way acquisition support and coordination services as well as additional research required to complete the City’s supplemental Section 106 study as described below for the additional cost of $13,306.87, increasing the total contract cost to $1,900,475.35; and C. Authorize the City Administrator to execute Agreement Change Order No. 10. Motion carried, 3 - 0. Yes:Melissa Ybarra, William Davis, Carol Menke No:None 17.Public Utilities Award of Construction Contract to Zim Industries, Inc. for the Well No. 22 Construction Project Recommendation: Removed from Consent Calendar for discussion and action - A. Contingent on the adoption of the Negative Declaration, which determination was made by City Council during today’s Public Hearing Regarding the Proposed Construction of Well No.22, find that approval of the contract award for the Well No. 22 Construction Project is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA); and B. Accept the bid from Zim Industries, Inc., as the lowest responsive and responsible bidder and reject all other bids; and Regular City Council Meeting Minutes July 16, 2019 Page 13 of 15 C. Approve and authorize the City Administrator to execute a Construction Contract with Zim Industries, Inc., in substantially the same form as attached herewith, in an amount not to exceed $2,018,796.00 for the construction of Well No. 22; and D. Authorize a contingency amount of $181,204.00 in the event of unforeseen changes in the project and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary. At approximately 9% of the total contract value, the contingency amount requested is typical for this type and size of project. Interim General Manager of Public Utilities Alemu reported on the construction contract to Zim Industries, Inc. for the Well No. 22 Construction Project. No Public Comment provided. It was moved by Council Member Davis and seconded by Council Member Menke to: A. Contingent on the adoption of the Negative Declaration, which determination was made by City Council during today’s Public Hearing Regarding the Proposed Construction of Well No.22, find that approval of the contract award for the Well No. 22 Construction Project is consistent with the Initial Study and Negative Declaration prepared for this project pursuant to the provisions under the California Environmental Quality Act (CEQA); and B. Accept the bid from Zim Industries, Inc., as the lowest responsive and responsible bidder and reject all other bids; and C. Approve and authorize the City Administrator to execute a Construction Contract with Zim Industries, Inc., in substantially the same form as attached herewith, in an amount not to exceed $2,018,796.00 for the construction of Well No. 22; and D. Authorize a contingency amount of $181,204.00 in the event of unforeseen changes in the project and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary. At approximately 9% of the total contract value, the contingency amount requested is typical for this type and size of project. Motion carried, 3 - 0. Yes:Melissa Ybarra, William Davis, Carol Menke No:None ORAL REPORTS Police Chief Miranda reported on the following: on July 6th, Vernon PD arrested two subjects for attempted commercial burglary; on July 7th, Vernon PD Officers assisted the Huntington Park Police Department with traffic control; on July 8th, Vernon PD responded to a public demonstration at Farmer John; on July 10th, Vernon PD arrested two burglary suspects who tried to make entry into the City storage yard. Fire Chief English reported on the following: several fire incidents throughout the City (slides displayed on TV monitors); due to the effects of two powerful earthquakes and many aftershocks, all fire units conducted a citywide “windshield survey” to assess and find any damage; the City’s Emergency Operation Center (EOC) will be activated in the event of a large earthquake affecting the Vernon area; Management team is ready to respond and staff the EOC for the duration of the Regular City Council Meeting Minutes July 16, 2019 Page 14 of 15 event; the Local Hazard Mitigation Plan (LHMP) is in the approval process for federal grant funding; the Fire Department activity report has been revised to provide some graphs to identify Fire Department activities (slides displayed on TV monitor). Interim General Manager of Public Utilities Alemu reported on the following: on July 3rd, a 21 minute power outage at 5699 District Avenue, 84 customers were interrupted; Jack Megorden, Public Utilities Electrical Engineer provided a PowerPoint presentation regarding the Leonis Substation #2 Transformer Bank Replacement. Interim City Clerk Harrington reported on the following: Nomination period for the Special Municipal Election on October 15, 2019, will close on July 24th at 5:30 p.m. City Administrator Fandino reported on the following: on August 8th, the City will host the Back to School Night; candidates running for City Council will have an opportunity to speak to the community; the City hosted two Town Hall meetings to discuss Los Angeles County Fire Services Bid submitted to the City; on August 6th, the following items will be presented to City Council for consideration: Los Angeles County Fire District Services Bid proposal, reorganization of the Public Works Department; Fire Departmentbudget; new proposedbudget will be presented to City Council on August 20th; Vernon Chamber of Commerce Installation luncheon will be held tomorrow, City Administrator Fandino stated he would be the guest speaker addressing Vernon’s direction as a City; and three bargaining groups are close to reaching an agreement. CLOSED SESSION City Council entered Closed Session at 9:51 a.m. 27.CONFERENCE WITH LABOR NEGOTIATORS Government Code Section 54957.6 Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Teamsters Local 911, IBEW Local 47, Vernon Professional Firefighters Association, Vernon Fire Management Association, Vernon Police Management Association, and Vernon Police Officers’ Benefit Association 28.CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (2) Government Code Section 54956.9(d)(1) Bicent (California) Malburg LLC et al. v. City of Vernon et al., Los Angeles Superior Court Case Nos. 19STCV08859 and 19STCP02411 Regular City Council Meeting Minutes July 16, 2019 Page 15 of 15 City of Vernon v. Bicent (California) Malburg LLC et al. JAMS Reference No. 1220062657 At 10:58 a.m. City Council exited Closed Session. City Attorney Patel reported that two cases were discussed with City Council with no reportable action taken. ADJOURNMENT With no further business, at 10:59 a.m., Mayor Ybarra adjourned the meeting. ________________________ Melissa Ybarra Mayor ATTEST: _________________________ Deborah A. Harrington Interim City Clerk City Council Agenda Item Report Agenda Item No. COV-366-2019 Submitted by: John Lau Submitting Department: City Council Meeting Date: August 6, 2019 SUBJECT Approval of Federal Funds for Street Improvements Account Warrant Register No. 29 Covering the Period of July 09 through July 29, 2019 Recommendation: A. Approve Federal Funds for Street Improvements Account Warrant Register No. 29 which totals $8,754.60 and consists of the following: 1) Ratification of electronic payments totaling $8,754.60. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Federal Funds for Street Improvements Account Warrant Register No. 29 covering claims and demands presented during the period of July 09 through July 29, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. Federal Funds for Street Improvements Warrant Register No. 29 FEDERAT FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO.29 AUGUST 6,2OI9 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for o"t", 7,/tztr,/zzt? This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: Pti^ted: 7 /31.12079 l:51:44PM rj FEDERAT FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO.29 AUGUST 6,2OL9 ETECTRONIC ,i:i::i!,.!i:nijilir,:fii::!:!r AccouitT :,,:i,:il{voleE : I .ii .ijiii:I::::t::i" payt/tEtrtT payMErT payMEt{T vE poR xAr;iilqtdiiiriitBER .{UMBER AMorrxi pEsclrpror{ rivfiai] p.o., pArE nuirBER AMour{T 003975-CNSENGINEERS,INC 011.1043.900000 S 8,754.50 ConsultingServices-801751 oTlLLl2}rg 32 S 8,7s4.6O TOTAT ELECTRONIC S 8,Z5A.60 Ptinred: 7 / 37/ 2OL9 1:51:44PM Pase 1 of 2 FEDERAT FUNDS FOR STREET IMPROVEMENTS WARRANT REGISTER NO.29 AUGUST 6,2019 RECAP BY FUND ELECTRONTC TOTAL EARTY CHECK TOTAL WARRANT TOTAT s 8,7s4.60 t o.oo S GRAND TOTATS 011 - GENERAL GRAND TOTAL TOTAT CHECXS TO BE PRINTED O 0.00 s 8,754.60 8,754.50 s o.oo $o.oo S Printed: 7 /31/2019 1.:51:44PM Paae 2 ot 2 s 8,754.60 City Council Agenda Item Report Agenda Item No. COV-371-2019 Submitted by: John Lau Submitting Department: City Council Meeting Date: August 6, 2019 SUBJECT Approval of Operating Account Warrant Register No. 27 Covering the Period of July 09 through July 29, 2019 Recommendation: A. Approve Operating Account Warrant Register No. 27 which totals $13,808,325.86 and consists of the following: 1) Ratification of electronic payments totaling $13,230,468.15. 2) Ratification of the issuance of early checks totaling $577,857.71. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Operating Account Warrant Register No. 27 covering claims and demands presented during the period of July 09 through July 29, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. Operating Account Warrant Register No. 27 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: o^t", zktrltz? P rinted: 7 I 3 ll 2019 4:27 : lOP M CITY OF VERNON OPEMTING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2Ot9 ETECTRONIC PAYMEIIT PAYMETI PAYMEM VEI{DOR I{AME A'{D I{UMBER ITUMEER AMOU||T DESCiIPTIOII II{VOICE P.O.T DAIE UMAEi A'IIIOUNT oo24t2 - CALTFoRNIA lso 0s5.9200.500190 s 055.9200.s00150 s 055.9200.500170 s 05s.9200.500150 055.9200.500151 055.9200.s00170 055.9200.500210 055.9200.500240 055.9200.500180 055.9200.500190 05s.9200.500150 055.9200.s00170 055.9200.500190 0ss.9200.500210 -345.51 Recalculation Charges 09/16 -102.33 Recalculation Charges 09/16 1.03 Recalculaion Charges 09/16 5 74,t75.54 lnitial Charges 05/19 1.28 lnitial Charges 05/19 1,142,368.28 lnitial Charges 06/19 16,166.35 lnitial Charges 06/19 7,038.72 lnitial Charges 06/19 -2,920.52 lnitial Charges 06/19 -24,756.55 lnitial Charges 06/19 -94,862.30 Recalculation Charges 06/19 -1,LL7.45 Recalculation Charges 06/19 -980.37 Recalculation Charges 05/19 87.22 Recalculation Charges 06/19 s s s s s s s S s S 20L907033t42487 407 201907033742487 407 20t907033L42487 407 207907033742487 407 20t907033L42487 407 20t907033L42487 407 201907033142487 407 20t907033L42487 407 20t907033L42487 407 201907033142487 407 20L907033L42487 407 207907033t42487 407 20t907033142487 407 201907033142487 407 P tinted: 7 I 3l I 2019 4:27,LOPM Pase 1 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2019 ETECTRONIC PAYMEI{T ?AYUEIIT PAYIIEIIIT VE|{DOR itAi/tE A|ID ttUMlER t{UirgER AMOUiII DES(RIPTr)I! lltllrolcE P.O.l OAIE IIUMBEi AllOUrT 07/09/2019 8s3s s L,LL4,7'3.39 003158 - AETNA HEALTH OF 011.1026.502031 S 10,823.71 Medicare PPO Retirees CALIFORNIA 011.1025.502031 S 2,486.99 Medicare HMO Retirees 3L278602 3t279462 o7/09/20t9 8s36 s 13,310.70 P tinted: 7 I 3l / 2079 4:27 :,.DP M Pase 2 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OI9 ETECTRONIC . AE@UNT II{I'OICE PAYII'ENT PAYMEI{T PAYMEI\IT V"EilpOR iIAME A DIIUMBER iIUMBE{ AMOUT{T DESCRIPnO II{I/OICE P.O.f OAIE I{UMBER AMOUT'f oo5t72 - BLUE SHTELD OF CALTFORNTA 011.1025.502031 s 011.1026.s02031 s orr.2ro22r s 020.270227 s 05s.210227 s 056.2t022t s 01L.270221 s 020210227 s 0s5.2L022L s 01L.270227 s 020.2to227 s 055.21022r s 055.210221 s 07L.270227 s 020.2t022L s 055.2L0221 s 057.270221 s otL.2LO221. s }LL.2LO2ZL s 0LL.270227 s oLr.2to22t sotr.2Lo22l s 011.1004.530034 s P rirrted: 7 I 3ll 20L9 4:27 :lDP M 74,675.53 Early Retirees 4,155.73 COBRA 94,954.38 Medical High HMO: Payment 7,5O7.45 Medical High HMO: Payment 24,667.27 Medical High HMO: Payment 5,871.90 Medical High HMO: Payment 20,289.80 Medical High PPO: Payment 250.12 Medical High PPO: Payment 7,474.04 Medical High PPO: Payment 52,074.34 Medical HSA PPO: Payment 5,587.32 Medical HSA PPO: Payment 5,343.26 Medical HSA PPO: Payment 505.90 Medical HSA PPO: Payment 73,226.86 Medical Low HMO: Payment 3,559.92 Medical Low HMO: Payment 17,392.85 Medical Low HMO: Payment 252.11 Medical Low HMO: Payment 12,2O7.t6 Medical premiums: July 2019- 227.87 Medical premiums: July 2019- -515.68 Medical premiums: July 2019- 1,213.80 Medical premiums: July 2019- -606.90 Medical premiums: June 2019- 0.81 Medical premiums: July 2019- 191680006947 191580007009 Ben2L7434 Ben2I7434 Ben2L7434 Ben2t7434 Ben2L7434 8en277434 8en277434 Ben2L7434 Ben2L7434 Ben2L7434 Ben2L7434 Ben2t7434 8en277434 Ben2t7434 Ben2L7434 Ben2l7434 BenZl7434 8en217434 8en277434 Ben2t7434 8en217434 Pase 3 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 5, 2019 ETECTRONIC AC@UiIT II{VOICE PAY!|EI{T PATIIEiIT PAYIIiIT VEI{OOR ilAME AI{D IIUMIER l{UUlEi AlrOUm DES,CnImO|I ftVOrcE P.O.f D tE I{UMBER AtrOUllI 07/o9/2Or9 8s37 s 404,531.84 OO3O8O - METLIFE GROUP BENEFITS 0LL.2L0222 s 020.210222 s 055.270222 s 0s6.2to222 s }LL.2LO222 s 020.210222 s 055.270222 s 0s6.270222 s 0s7.21o222 s 0]-t.2r0222 s ott.2to222 s o1L.27O222 s 011.1026.502031 s 011.1004.530034 s Dental PPO lnsurance: Payment Dental PPO lnsurance: Payment Dental PPO lnsurance: Payment Dental PPO lnsurance: Payment Dental HMO lnsurance: Payment Dental HMO lnsurance: Payment Dental HMO lnsurance: Payment Dental HMO lnsurance: Payment Dental HMO lnsurance: Payment Dental Premiums - 07/19" Dental Premiums - 07179- Dental Premiums - 07119- Dental Premiums - 07/19- Dental Premiu ms - 07 / L9- 17,764.84 950.25 3,084.58 362.48 1,168.80 134.25 435.33 47.52 6.34 -49.60 -51.09 47.53 6,607.53 1.02 8en277432 8en277432 8en277432 Ben2l7432 Ben2L7432 Ben2l7432 Ben2L7432 Ben2t7432 8en217432 Ben2l7432 8en277432 8en277432 8en277432 Ben2L7432 07/09/2079 8s38 s 30,s20.89 Printe * 7 I 3ll 2079 4:27 : 70P M PaRe 4 of 58 CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 5, 2019 ELECTRONIC OOO534- MUTUALOF OMAHA .!::. .r.,: , tc@urT NlrotcE ..,, PAYirEr{T PAYMEIIT sAvr\aE T v.EliDgH: A ,$ AxD uMsER iuMaER .' . attoutrrl DEscRtmolt .' : ::, . lltl|olcE ,,i P.o.r DAtc I{uM8ER rfuouu S s s s s S s s s s 0Lt.210223 020.2t0223 0ss.210223 056.270223 057.270223 otl.2LO223 020.210223 055.210223 056.2L0223 057.2t0223 3,482.7 I Long-Term Disa bi lity I nsu ra nce: Payment 638.57 Long-Term Disability lnsurance: Payment 1,307 .82 Long-Term Disa bility I nsu ra nce: Payment 391.16 Long-Term Disability lnsurance: Payment 2.51 Long-Term Disability lnsurance: Payment 3,039.35 Voluntary Life lnsurance: Payment- 295.14 Voluntary Life lnsurance: Payment- 695.09 Voluntary Life lnsurance: Payment- 144.15 Voluntary Life lnsurance: Payment- 0.37 Voluntary Life lnsurance: Payment- Ben2Ll422 Ben2l7422 Benzt7422 8en277422 8en217422 8en277422 Ben2l7422 Ben2L1422 8en277422 8en217422 07l09l2O19 8s39 s 9,997.04 005831 - ARKADIN, INC 011.9019.560010 s 22.25 Conferencing Charges ustNV190534752 07109/20t9 8s40 s 22.26 000267 - BROADBAND LLC 057.1057.500173 s 4,250.00 lnternet Access Services 7r5t92003744 07 /09/2019 8s41 s 4,250.OO 005155 - STEVEN FROBERG 011.1048.596200 s 100.00 Grant Committee Stipend 061219 07l09/20]^9 8s42 s 100.00 OO5O34 - KRONOS INCORPORATED 011.9019.860000 s 011.9019.850000 s 314.43 Software & Hardware Usage Fees 314.42 Software & Hardware Usage Fees 11453033 11463033 628.85 P tinted: 7 / 3L / 2019 4:27 : 70PM o7loe/2079 8s43 s Pase 5 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 5,2019 OO1O79. SIEMENS MOBILITY, INC 011.1043.590000 011.1043.s90000 011.1043.590000 011.1043.590000 t0,627.39 7,449.63 3,239.00 5,530.45 s s S s Traffic Signal Maintenance Traffic Signal Maintenance Traffic Signal Maintenance Traffic Signal Maintenance 5510161304 5610155196 5510173750 5620025095 07lo9l2ot9 8s44 s 26,846.47 001658 . WATER REPLENISHMENT DISTRICT 020.1084.500110 S 153,980.58 Groundwater Production & Assessment o6L779 o7lo9/2o7s 8s4s s 153,980.58 006120. WESTERN ALLIED CORPORATION 011.1049.590000 011.1049.590000 s s 870.05 Air Conditioner Maintenance 542.00 Air Conditioner Maintenance 624563 624606 07/09l2ol9 8s46 s 1,512.05 004527 - WrrrMAN ENTERPRISES, LLC 011.1033.595200 s t,306.22 Billing Services 190s069 o7lo9l2or9 8s47 s L,306.22 001441 . MORGAN, LEWIS & BOCKIUS, LLP 055.9000.595200 055.9000.s95200 055.9000.s95200 s s s 359,411.33 Re: Bicent PPA Outage 242,785.LL Re: Bicent PPA Outage t65,476.68 Re: Bicent PPA Outage 4t56L77 4163380 4203s20 07111/201s 8s48 s 777,673.72 002114. ORRICK, HERRINGTON & SUTCLIFFE 16,115.96 P tintedi 7 l3ll20l9 4:27: 10PM 055.9000.s93200 s 16,116.95 Professional Services 17983s1(2) 0717712079 8s49 s Pase 6 of 58 ELEcTRot{tc PAYUEiIT PAIUII{T PAY El{T vE[ooR ltaiaE Atto |luirBER ItuliSER AMOUT{T DESiCrumO ll{v{rlcE P.o.l oalE l{uMffn Al/loullT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6, 2019 ETECTRONIC AC@UiIT IIIVOICE PAYMEiIT PAYI,EI{T PAYMEIfT VEI{DOR 'IAME ATD TUMAER I{UM8ER AMOUIIT DESCRIPIIO IIWOICC P.O.' OAIE iUMAEi AI/IOUI{I 002459 - PORT CANAVERAL PWR 055.9000.596200 S 8,000.00 Consulting Services CONSULTANTS VERNPVHJUNE2Ol 9 o7/7u217s ssso s 8,000.00 005094 - VELOCITYEHS 055.9000.596550 S 2,999.00 Account Renewal o7/7t/2119 8ss1 s 2,999.00 Ptintedi 7 I 37/2019 4:27:10PM Paee 7 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 ETECTRONIC OO24L2 - CALIFORNIA ISO 055.9200.s00150 s 055.9200.500170 s 0ss.9200.500180 s 0s5.9200.500190 s 0ss.9200.s001s0 s 0ss.9200.s00180 s 055.9200.500190 s 0ss.9200.s001s0 s 0ss.92oo.soo170 s 055.9200.500190 s 055.9200.s00210 s 0ss.9200.500150 s 0ss.9200.500210 s 055.9200.s00170 s Recalculation Charges 09/18 Recalculation Charges 09/18 Recalculation Charges 09/18 Recalculation Cha rges 09/18 Reca lcu latio n Char ges 12/ 17 Reca lcu lation Charges 12/ 77 Reca lcu latio n Char ges 12 / t7 Recalculation Charges 05/19 Recalculation Cha rges 05/19 Recalculation Charges 05/19 Recalculation Charges 06/19 lnitial Charges 07119 lnitial Charges 07119 lnitial Charges 07119 207907093142524 882 201907093L42524 882 20L907093742524 882 20L907093142524 882 201907093t42524 882 20L907093t42524 882 201907093L42524 882 207907093L42524 882 20L907093742524 882 207907093142524 882 201907093L42524 882 207907093142524 882 201907093L42524 882 201907093L42524 882 5,135.57 21.00 -312.37 -457.L7 0.86 0.39 -276.55 -8,820.91 -581.48 -t52.49 lL.41 89,280.12 74,773.60 -8,035.94 P rinte di 7 I 37 / 2079 4:27 :lOP M Pase 8 of 58 lNvolcE P.O.* PAYMENT PAYMENT PAYMENT DATE NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 ETECTRONIC VENDOR NAME AND NUMBER OO24L2 - CALIFORNIA ISO PAYMENT PAYMENT PAYMENTACCOUNT INVOICE NUMBER AMouNT DEscRrpiloN INvorcE p.o.# DATE NUMBER artOuNr 055.9200.500190 s -25,349.85 lnitial Charges 07119 201907093t42524 882 07/1612079 8ss2 s 65,242.34 005929 - ACCELA, rNC 011.9019.590110 S 11,506.89 Envision Software for Health lNVACC46644 07 lr6/20t9 8ss3 s 11,506.89 000195 - |TRON, tNC 055.7100.s90110 055.7100.590110 6,278.50 Software Maintenance 9,497.7 4 Software Maintenance s S s22864 523103 07 l16/2019 8ss4 s t5,770.24 001806. RAQUEL FRANCO 011.1004.s96s00 011.1004.595500 s S 18.62 Leaves, Leaves & More Leaves- 24.77 Payroll Law 2019 062779 0627Lslzl 07/r6/20te 8sss s 43.39 OO5O32 . MUNISERVICES, LLC 011.1004.595200 s 3,750.00 UUT Fixed Fee04/L9-06/19 rNV06006213 07116/2079 8ss6 s 3,750.00 OO57O9 - NOBEL SYSTEMS, INC 011.9019.s90110 s 2,400.00 GeoViewer Mobile for the IPAD 14554 011.0013911 07/1612o7s 8ss7 s 2,400.00 005433 - RUTAN &TUCKER, LLP 011.1024.s93200 s 011.1024.s93200 5 011.1024.593200 s 011.1024.593200 s 011.1024.593200 s Re: General Labor Re: Torres / Ong Litigation Re: Ong Yiu Arbitration Re: Torres Arbitration Re: Torres Arbitration 132.50 206.50 184.50 1,070.00 11,990.50 839936 840385 840385 840387 840388 13,584.00 P tirrte& 7 I 3 1 / 20L9 4:27 : 70PM 07/76/2079 8ss8 s Paee 9 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2019 OOO774- CALPERS 011.1004.595200 011.1004.595200 s s 2,250.00 GASB 68 Reporting Services Fee 2,250.OO GASB 68 Reporting Services Fee 10000001s712858 100000015712872 o7/02/2Or9 8ss9 s 4,500.00 002227 - US DEPARTMENT OF ENERGY 055.9200.500150 055.9200.500180 31,130.93 Boulder Canyon Project Charges 05/19 25,777.87 Boulder Canyon Project Charges 05/19 s s GG1766W0519 GG1766W0519 o7 /77 /20t9 8s6o s 56,848.80 005344 - SANDRA DOLSON 011.1003.s96s00 s 465.51 TTC-400 Training 062419 07/78120L9 8s51 s 465.51 005449 - LANCASTER CHOICE ENERGY 055.9200.500180 s 20,000.00 ResourceAdequacy r190002343 07/18120L9 8s52 s 20,000.00 002227- USDEPARTMENTOFENERGY 055.9200.500150 s 0ss.9200.s00180 s 31,130.93 Boulder Canyon Project Charges 06/19 23,825.44 Boulder Canyon Project Charges 06/19 GG1766W05r.9 GG1765W0519 07 lt8l2o19 8s53 5 54,956.37 00612O. WESTERN ALLIED CORPORATION 011.1049.s90000 s 011.1049.590000 s 011.1049.900000 s 498.00 Air Conditioner Maintenance 542.00 Air Conditioner Maintenance 16,357.00 Air Conditioner Maintenance 624673 6247L9 902102 o7 lt8l2079 8s64 s 77,497.OO 005831 - ARKADIN, INC 45.72 Ptinted: 7 I 37/2079 4:27 :1oPM 011.9019.560010 s 45.12 Conferencing Charges ustNV190641545 o7/78/2019 8s6s s Pase 10 of 58 AMOUNT DESCRIPTION tNvorcE NUMBER CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2019 ETECTRONIC VENDOR NAME AND NUMBER 005514 - NORTHWEST ELECTRICAL SERVICES, ACCOUNT |NVO|CENUMBER AMOUNT 020.1084.900000 s 54,913.05 055.8200.596200 5 76.52 020.1084.900000 5 2,730.43 Technical Design Services Technical Design Services Technical Design Services PAYMENT PAYMENT PAYMENTDESCRIPNON INVOICE P.O.* DATE NUMBER AMOUNT 1746 7746 t746 07/L8l2OL9 8s66 s 57,720.0O 006519 - EN ENGINEERING, LLC 055.5500.595200 s 0s5.s500.s96200 s 056.5600.596200 s 18,750.89 Consulting Services 21,821.50 Consulting Services 11,178.50 Consulting Services 115151 116888 118537 07118/2Ot9 8s57 s 51,750.89 OO3O49. PETRELLI ELECTRIC, INC 055.200400 S 1,347,539.16 Electric Service Maintenance 190154 0711912019 8s68 s 7,347,639.t6 003335 - BTCENT (CALTFORNTA) MALBURG, L 055.9200.500150 055.9200.500150 055.9200.500180 s s s 352,644.63 Monthly Energy Related Payment 15,873.96 Monthly Heat Rate 3,596,131.21 Monthly Capacity Payment 6201901 5201901 5201901 07/19/20L9 8559 s 3,964,649.80 Prirted: 7 /3f/20L9 4i27 :L0PM Paee 11 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 5,20t9 ETECTRONIC ':riiill 'i:]|::iit,, ,I : t':r::: , -: ri, ' r: AOCOUT{T :r, tr't:![!lplcE ]: ,,.:i;:ii:i:it,,t,ir P YIrrEltlT PAYMEIIIT PAYIIIEI{T vtlooa uirrrr:rro xuurEn uMSER AMbu r DEscFrmo tx!rct'cE p.o., DArE ItuMBEn aMouf,T o024t2 - CALTFORN|A tSO 055.9200.500150 5 77,522.04 lnitial Charges 07119 201907163142568 514 055.9200.500210 s 15,751.30 rnitial Charges 07119 207907763142568 514 055.9200.500170 S -17,488.80 lnitial Charges 07119 2OL9O7\63L42568 5t4 055.9200.500190 5 -14,607.06 lnitial Charges 07119 055.9200.500150 S -727.13 Recalculation Charges 05/19 055.9200.500151 S -2.90 Recalculation Charges 06/19 055.9200.500170 S 12,823.02 Recalculation Charges 06/19 055.9200.500190 S 705.21 Recalculation Charges 06/19 055.9200.500210 S 17.65 Recalculation Charges 06/19 055.9200.500240 S ZS.OL Recalculation Charges 06/19 20L907163t42568 514 201907153142568 514 201907153142568 574 207907163t42568 514 201907153142558 5L4 201907163142s58 514 201907163142568 5L4 0712312079 8s70 s 74,074.34 002517 - SO CAL PUBLIC POWER 055.9200.500180 S 256,109.00 Minimum Cost 07119 AUTHORITY 055.9200.500150 S 50,452.00 Variable Cost 05/19 05s.122100 S 10,000.00 PSF Cost 07119 PV0719 PV0719 PV0719 0712312019 8s71 s 326,561.00 P rinte t 7 I 3rl 2079 4:27 : 70P M Pase 12 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,20t9 ETECTRONIC accout{T rxvorcE :. PAYiTEUT P YMETT '::,iPI ,l\iiEili vEt{DoR t{AiiE Ar{D UUBEn XUM8Ef, AMOUiiT OESCnIPIIOI{ tit!/OicE DArE r{UMBEn . ,:AirtOUt\lT 002468 - DEPARTMENT OF WATER & 055.9200.500170 S 21,870.00 Energy Purchase POWER 0ss.9200.s00250 s 575.00 Energy Purchase GA194267 GA794267 07123/20L9 8s72 s 22,445.00 003265 - AON RISK INSURANCE SERVICES WE 011.1004.s03035 s 011.1004.503035 s 011.1004.s0303s s 011.1004.503035 s 011.1004.s0303s s 011.1004.503035 s 011.1004.s0303s s 011.1004.503035 s 011.1004.503035 5 Excess Liability Coverage Combined Specialty I nsurance Cyber Liability Service Fee Contractors Equipment Excess Workers Compensation Environmental Site Lia bility Crime - Primary Terrorism 8200000252363 8200000262456 8200000252709 8200000262746 8200000252899 8200000262932 8200000263034 8200000253051 8200000253149 51,506.60 145,900.38 37,310.82 92,s00.00 17,996.80 150,192.45 27,087.94 3,130.76 31,200.00 07 /23/2079 8s73 s s56,82s.7s OO5O57 - BIOFUEL GENERATION SERVICES, L 055.9200.500152 s 15,850.50 Biomethane RPS52019 07l23l2OL9 8s74 s 1s,860.50 001479. BLOOMBERG FINANCE, LP 055.9200.596200 s 5,910.00 Bloomberg Terminal 5605010409 07/23/2OLe 8s7s s 5,910.00 005871 - EVERBRIDGE, INC r.3,500.00 Ptinted: 7 / 37/20\9 4127 :10PM 011.9019.590110 s 13,500.00 Mass Notification System M43485 o7/23120L9 8s76 s Pase 13 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 EIECTRONIC ] .: ] :ii]. AC@U'{T II\IVoICE PAYMEI{T PAYMEI{T PAYMENT vENooR |{AME at{D t{uM8ER t{uMgER At oum DEgcRtpTlot{ r norcE p.o.i parE r{uMBER ariiiouu 005872 - PNC EQUIPMENT FINANCE, 011.1033.850000 S 158,059.45 Rental Payment LLC 49322t 07/23/2079 8s77 s 1s8,0s9.4s OO25L7 - SO CAL PUBLIC POWER 055.9200.500154 5 283,377.98 Astoria 2 Solar Project AUTHORITY ATSPO719 oTlnl2ag 8s78 s 283,377.98 OO25L7 - SO CAL PUBLIC POWER 055.9200.500154 S 251,021.12 Antelope DSR 1 Solar Project AUTHORITY DSR10719 o7/2312OL9 8s79 s 2sL,O2\.t2 OO25L7 - SOCALPUBLICPOWER 055.9200.500154 S 279,785.73 PuenteHillsLandfill GasProject AUTHORITY PH LO7 19 07/23/2019 8s80 s 279,78s.73 003584 - WILLIAMS DATA MANAGEMENT 011.1003.595200 S :zS.O0 Storage Services 47L032 07123/2019 8s81 s 37s.00 003584. WILLIAMS DATA MANAGEMENT 011.1003.596200 S 1,338.06 Storage Services 472tI2 o7l23l2ol9 8s82 s 1,338.06 000059 - so cAL EDrsoN 055.8100.560010 S Zg.O7 Period:05/19 011.1043.560000 S ez.S1 Period:06/19 011.1042.550000 5 225.64 Period:06/19 055.9200.550010 5 729.44 Period: 05/19 062919 052s1s(2) 070279 o7o2t9(21 07/18/2019 8s83 5 1,016.56 P tinted: 7 / 3L I 2079 4:27 :7OPM Pase 1.4 of 58 CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2019 SAYMEIW PAYi,EI{T PAYi'EI{T VEIDOR il ME AttD UMIER ItUi/lBEi AMOUITI D6,CRlmO lilvolcE P.O.l D IE IIUMBER AUOUiaI ETECTRONIC 000249 - FEDEX 011.1024.510000 s 055.9000.520000 s 011.9019.s20000 s 141.55 Period:.06l\9 118.38 Periodl 06l]-9 81.59 Period:05/19 559082s61 5s9082s51 659726254 07/79120].9 8s84 s 341.53 001617 - UPS 011.1041.520000 s 011.1033.520000 s 011.1041.s20000 s 011.1043.520000 s 011.1033.520000 s 011.1043.520000 s 011.1041.520000 s 42.53 Period:06/19 12.69 Period:06/19 53.53 Period:06/19 18.50 Period:05/19 30.08 Period:05/19 60.47 Period: 06/19 29.00 Period: 05/19 933312259 933312259 933312269 9333L2269 933312259 9333L2279 933372279 0712212019 8s8s s 247.00 000714 - CALPERS 011.1033.502020 011.1033.502020 3,125.50 1959 Survivor Billing 437.10 1959 Survivor Billing s s 100000015704480 10000001s705100 07 /23/21ts 8s85 s 3,s52.60 006262 - MERCURIA ENERGY AMERICA, INC 0ss.9200.500160 s 20,102.61 Natural Gas 05/19 2833277 oTl2sl2ote 8s87 s 20,L02.6L 002060. CALPINE ENERGY SERVICES, L.P. 36,506.59 P tinte* 7 131/2019 4:27 :70PM 05s.9200.500160 s 35,506.59 Natural Gas 05/19 51429 07/2s12019 8s88 s Pase 15 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6, 2019 ELECTRONIC rercE PAYUEI{T 'AYUEI{T PAYIIEIIT VEIIDOE I{AME AT{D ITUMAER UMBER AI/IOUI|T DESICR|PT|O IIlVOrcE P.O.' OAIE I{UMBEN AfiOUI{T 006298-CIMAENERGY,LP 055.9200.500160 S 26,180.00 NaturalGas06/19 619812792416967 o7/2s/2}1e 8s89 s 25,180.00 000153 - CITIGROUP ENERGY, INC 055.9200.500150 S 37,200.00 Natural Gas 06/19 84061151 o7/2s/20t9 8s90 s 37,200.00 005388 - CONOCO PHtLLtPS COMPANY 055.9200.500160 s 31,500.00 NaturalGas 06/19 123133 o7l2s/2019 8s91 s 31,500.00 004116- EDFTRADINGNORTH 055.9200.500160 S 5,000.00 NaturalGas06/19 AMERICA, LLC 4L0760 0712s120r9 8s92 s s,000.00 006086 - MACQUARIE ENERGY, LLC 055.9200.500160 s 1,069,924.63 Natural Gas 05/19 GASr00120061 o7/2s12079 8593 s 7,069,924.63 006318 - MIECO, INC 055.9200.500160 S 41,005.00 Natural Gas 05/19 259626 o7/2sl2}L9 8s94 s 41,00s.00 005604 - SEQUENT ENERGY 055.9200.500160 S 76,386.84 Natural Gas 06/19 MANAGEMENT, LP 3974t282 o7/2sl2or9 8s9s s 76,386.84 001085 - COUNTY SANITATION 055.9200.5@154 S 109,120 34 Sale of R.ncwable Eneryy credits 23869 DISTRICT5Of 0712512019 8s96 s 109,120.34 P ti nte t 7 / 3ll 2079 4:27 :lOP M Pase 16 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 oor729 - GOVCONNECTION, INC 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.s20010 011.9019.520010 s s s s s S s S 1,519.48 Microsoft Surface Book 2 Core i7-8650U 1,351.53 HPE LTO-7 Ultrium Non Custom Labeled 1.00 State Environmental Fees 4.00 State Environmental Fees 144.35 Sales Tax 9.5% 128.38 Sales Tax 9.5% 995.34 Canon imageFORMULA DR-C225 ll Document 94.56 Sales Tax 9.5% 56883173 55883173 55883173 56883173 56883173 s5883173 56887017 55887017 011.0013860 011.0013860 011.0013860 011.0013860 011.0013850 o7 l2s/2079 8s97 s 4,238.64 00087s - LAEDC 011.1023.595550 s 5,000.00 Annual LAEDC Membership 5200492 07/2sl2O1s 8s98 s 5,000.00 002517 - SO CAL PUBLIC POWER AUTHORITY 055.9200.500180 055.9200.595700 0s5.9200.595200 055.9000.596200 05s.7200.596702 3,950.21 364.33 900.30 t,4L2.t3 L3,762.50 Resolution Billing Resolution Billing Resolution Billing Resolution Billing Resolution Billing s s S s s 719 7L9 719 719 7L9 20,389.47 P rinted: 7 I 37 I 2O]9 4:27 :70P M 07/2s/2079 8s99 s Pase 17 of 58 ELECTRONIC ACCOUNT INVOICE VENDOR NAME AND NUMBER NUMBER AMOUI{T DESCRIPTION PAYMENT PAYMENT PAYMENT INVOICE P.O.fl DATE NUMBER AMOUT{T CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6, 2019 ETECTRONIC 005925. SHI INTERNATIONAL CORP 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 011.9019.520010 s s S s S s s 3,077.70 Meraki MR33 Cloud Managed AP- 895.90 Meraki MR Enterprise License, 1YR- 292.38 Sales Tax95% 3,532.48 VMware vSphere Standard - (v. 6) - 1,274.20 VMware Support and Subscription 4,4OL.04 VMware vRealize Operations Standard - 1,205.68 vRealize Operations Standard (v. 7), 810160537 810150537 B10150537 810191282 810191282 B10191282 810191282 011.0013862 011.0013852 011.0013857 011.0013857 011.0013857 011.00138s7 07/2s/z}ts 8600 s 14,621.38 OO34O7 - VERNON POLICE OFFICERS BENEFIT 011.210250 2,070.76 Police Association Member Dues: Payment 8en217448 07/r812079 8501 s 2,070.76 005392 - TEAMSTERS LOCAL 911 011.210250 020.210250 055.210250 057.210250 s s s s 1,980.00 Teamsters Local 911 Dues: Payment 396.00 Teamsters Local 911 Dues: Payment 208.79 Teamsters Local 911 Dues: Payment 7.21 Teamsters Local 911 Dues: Payment 8en217435 Ben2L7436 8en217435 8en217435 07lL8l2079 8602 s 2,592.O0 003141 . VERNON FIREMENS ASSOCIATTON 011.210250 2,753.00 Fire House Fund: Payment Ben2l7452 2,753.00 Ptinted: 7 /3U2079 4:27 :70PM 07lr8/21t9 8603 s Pase 18 of 58 ACCOUNT INVOICE NUMBER AMOUNT DESCRIPTION PAYMENT PAYMENT PAYMENT INVOICE P.O.f DATE NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2Ot9 ETECTRONIC . TCCO{,IIvI IlVOrcE ::PAYMEIVI PAYMII{T PAYMEI|I VEI{OOR I{AME AIID ITUi'8ER IIIUii'EN AffOUItT OESCAIPT() IM'OIGE P.O.T OATE IIUMBER AMOU|IT 003168. ICMA RETIREMENTTRUST 457 o]-t.270220 o20.270220 055.270220 056.2t0220 057.270220 olt.270220 oLr.2t0220 79,425.58 Deferred Compensation: Payment 1,530.50 Deferred Compensation: Payment 7,860.82 Deferred Compensation: Payment 1,325.53 Deferred Compensation: Payment 20.02 Deferred Compensation: Payment -50,954.92 Deferred Compensation: Payment- 80,400.00 Deferred Compensation: Payment- Ben21744O Ben27744O BenZ]744O Ben2L744O Ben2I744O Ben2l744O Ben27744O s s s s s s 07/t8120:-9 8504 s 1 19,597.53 003145 - CITY OF VERNON, FSA ACCOUNT 011.100013 011.100013 288.30 FSA - Dependent: Payment 253.47 FSA - Medical: Payment 8en217446 8en217446 o7/L8/20L9 850s s 54L.77 P tinted : 7 / 3l I 20 19 4:27 : 10P M PaRe 19 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 ETECTRONIC OO4O75 - THE DEPARTMENT OFTHE TREASURY re . ::, , .,ii: PAYMET PAYMEI{T PAYrrrEIlJ1 GriDbh r rri Arro iiirrreih : iuiiiEn "!: Altrtout{I DEs,cmmot{ ' l viSi& P.o., dhIE ' unrBEn AMoUIiT Ben2t7438 8en217438 8en217438 8en217438 8en217438 8en277438 Ben217438 Ben217438 8en217438 Ben217438 8en217438 Ben217438 Ben217438 Ben217438 8en217438 8en217438 8en217438 011.210210 020.210210 055.210210 056.210210 057.2r02L0 011.210210 020.210210 055.210210 055.210210 057.2702L0 011.210210 011.210210 011.210210 011.210210 011.210210 011.210210 011.210210 L82,258.46 Federal Withholding: Payment 5,360.53 Federal Withholding: Payment 23,032.03 Federal Withholding: Payment L,955.72 Federal Withholding: Payment 50.60 Federal Withholding: Payment 36,666.82 Medicare: Payment 1,553.00 Medicare: Payment 5,678.64 Medicare: Payment 582.74 Medicare: Payment 14.46 Medicare: Payment 255.90 Social SecurityTax: Payment -54,035.53 Federal Withholding: Payment- -8,500.88 Medicare: Payment- 91,622.63 Federal Withholding: Payment- 15,294.58 Medicare: Payment- 2,068.00 Federal Withholding: Paymenr 249.40 Medicare: Payment- s S s s s s s S s s s s s s S s 304,017.10 Ptintedi 7 l3Ll 2079 4:27: 10PM oTlLs/20t9 8606 s Paee 20 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 001635. EMPLOYMENT DEVELOPMENT DEPT 011.210210 o20.210210 055.210210 056.210210 o57.zt02r0 011.210210 011.210210 011.210210 68,3L7.25 2,016.6s 9,547.34 858.71 19.51 -15,210.68 27,486.78 620.40 State Withholding: Payment State Withholding: Payment State WithholdinB: Payment State Withholding: Payment State Withholding: Payment State Withholding: Payment- State Withholding: Payment- State Withholding: Payment- 8en217442 8en217442 Ben2L7442 8en217442 8en277442 Ben2t7442 8en277442 Ben2L7442 s S s s s s S 07 /t9/20ts 8607 s 92,649.96 P tinted: 7 / 3L I 2079 4:27 :loP M Paee 21 of 58 VENDOR NAME AND NUMBER AMOUNT DESCRIPTION rNvotcE NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OL9 ELECTRONICre |ilprcE PAYMEI{T PAYMEM PAYMEM VEI{DOR IIIAME AI{D I'M8TR ITUMBER AMOUITI DESCRIPTIOI{ II{VOICE P.O.I DATE I{UUIER AMOUI{I OOO714. CALPERS 011.210240 5 2L4,449.34 020.2t0240 5 9,4L9.42 05s.210240 s 32,012.06 055.210240 s 3,633.94 os7.2LO24O s es.So 0tr.2t0240 s 182.28 020.270240 s 14.28 oss.21o24o s 32.97 056.210240 $ z-tz 057.270240 s 0.18 0tt.2to24o s 308.85 otL.2LO24O s -12.00 011.1004.s30034 s -0.10 PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Contributions: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Survivor's Benefit: Payment PERS Buy-back: Payment P lP : 06 /23-07 106 - Retirement- P I P : 061 23-07 105 - Retirement- Ben2L7444 8en217444 Ben2l7444 Ben2l7444 Benzll444 Ben2l7444 8en217444 Ben2l7444 Ben2L7444 8en217444 8en217444 8en217444 Ben2I7444 07l22l2Ot9 8508 s 260,728.44 OO4O74 - STATE DISBURSEMENT UNIT 011.210250 011.210250 011.210250 011.210260 055.210260 959.23 Child Support: Payment 7,402.15 Child Support: Payment 59.23 Child Support: Payment 53.07 Child Support: Payment 368.75 Child Support: Payment s S s s S 8en217450 Ben217450 Ben217450 8en217450 8en217450 2,862.44 P tinted: 7 / 3l/ 2019 4:27 ilOP M 07l22l2O1s 8609 s Pase 22 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OI9 PAYMETT PAYMEM PAYMEIIT vE mR a.,tE aiib uritBER iuugtn '' aMourrrr DEsic mo t'::i l]{vorcE P.o,t ' D,qrl truMdiR AMouiaT ETECTRONIC 003143 - AFLAC 011.210223 s 020.210223 s 0s5.210223 s 0s6.210223 s 057.2LO223 s 01r.2ro223 s 0ss.270223 s 056.210223 s 011.1004.s30034 s 7,846.06 AFLAC (Pre-Tax): Payment 1,179.96 AFLAC (Pre-Tax): Payment 1,511.56 AFLAC (Pre-Tax): Payment 92.78 AFLAC (Pre-Tax): Payment 5.06 AFLAC (Pre-Tax): Payment 1,125.60 AFLAC (PostTax): Payment 167.96 AFLAC (Post Tax): Payment 144.72 AFLAC (Post Tax): Payment 0.35 AFLAC (Pre-Tax): July Payment- Ben2L7426 8en277426 8en217426 Ben2l7426 Ben2l1426 8en277426 8en277426 Ben2l7426 Ben2l7426 o7l2s/20t9 8510 s 12,L75.05 OO4O75 - THE DEPARTMENT OFTHE TREASURY 011.1004.596200 s 1,805.55 2Ql9 - 720 Excise Tax Rtn 053019 07 129/2079 8611 s 1,805.65 001552 . HOME DEPOT CREDIT SERVICES 011.1043.520000 011.1048.520000 011.1049.520000 s s 792.25 Tools & Plumbing Hardware- 711.48 Tools & Plumbing Hardware- 1,820.50 Tools & Plumbing Hardware- 062719_MULTtPLE 011.0013217 062719_MULTIPLE 011.0013217 062719_MULTtPLE 011.0013217 07/2s/20L9 8512 s 3,324.34 002190 - oFFlcE DEPOT 011.1004.520000 011.1004.520000 348.77 Supplies 33.13 Sales Tax 9.5% S s 329525167001 329525167001 381.90 P rinled: 7 / 3Ll 2079 4:27 :LoP M 07/2sl2Ot9 8613 s Pase 23 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2019 001617 - UPS 011.1041.520000 011.1033.s20000 011.1041.520000 011.1033.s20000 42.04 Period: 05/19 39.02 Period: 05/19 61.99 Period: 07l19 25.05 Period: 07l19 s s s s 933312209 933312209 933312289 933312289 07126120Le 8514 s 168.1 1 ? tinled: 7 I 31 12019 4:27 :L0P M PaEe 24 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 5, 2019 000714 - CALPERS 011.1001.502020 011.1002.502020 011.1003.502020 011.1004.502020 011.1024.502020 011.1026.s02020 011.1031.502020 011.1033.502020 011.1040.502020 011.1041.502020 011.1043.502020 011.1046.502020 011.1047.502020 011.1049.502020 057.1057.502020 011.1060.502020 020.1084.502020 056.s600.s02020 05s.7100.s02020 055.7200.502020 0s5.8000.s02020 05s.8100.502020 055.9000.s02020 Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL" Monthly Expense of UAL- Monthly Expense of UAL" Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL" Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL" Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL" 10000001s709272 100000015709272 100000015709272 100000015709272 100000015709272 10000001s709272 100000015709272 100000015709272 100000015709272 100000015709272 10000001s709272 100000015709272 100000015709272 100000015709272 100000015709272 100000015709272 100000015709272 100000015709272 10000001 5709272 100000015709272 100000015709272 100000015709272 100000015709272 s s s S s S s s s s S s s s s s s s s 5 s s s 1,188.63 7,531.00 4,82s.84 7t,449.09 10,412.40 8,035.14 L3,740.56 3,756.07 5,776.74 L0,174.67 27,576.22 4,802.07 4,350.39 6,537.47 879.59 5,941.50 18,970.53 7,036.69 3,328.15 499.22 7,535.91 20,135.39 L3,so2.84 Printedt 7 l3Ll2O19 4:27 :IOPM Paee 25 of 58 ELECTRONIC NUMBER AMOUNT DESCRIPTION CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,20T9 OOO714. CALPERS 011.9019.502020 s 0ss.9100.s02020 s 055.9200.s02020 s 011.1031.502020 s 011.1033.502020 s Monthly Expense of UAL- Monthly Expense of UAL" Monthly Expense of UAL- Monthly Expense of UAL- Monthly Expense of UAL- 10000001s709272 100000015709272 100000015709272 100000015709282 100000015709282 6,703.87 L3,407.75 t2,528.t6 L62,699.20 278,578.80 o7126/20L9 861s s 679,004.00 TOTAT ETECTRONIC s 13,230,468.15 P rinted: 7 I 3l l20l9 4:27 :L0P M PaEe 26 of 58 ETECTRONIC tNvolcE AMOUNT DESCRIPTIONVENDOR NAME AND NUMBER CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OI9 006308 - ANAYA SERVICE CENTER 011.1045.s20000 011.1046.590000 011.1045.590000 011.1046.520000 s s s S 48.95 au2zL4s411agc wire assembly 60.00 diagnose climate control system 240.00 labor to replace wire assembly 4.55 Sales Tax 9.5% 3r749 3L749 31749 3r749 011.0013827 011.0013827 011.0013827 o7/o9l2or9 603377 s 3s3.60 001948 - AT&T 011.9019.550010 011.9019.560010 05s.9000.560010 011.9019.560010 011.9019.s50010 055.5500.560010 055.5600.560010 011.9019.560010 011.9019.550010 5 s s S $ s s s s 20.63 Period: osl\6/79' OGlOsl]-g 2,582.44 Period: 05/10/L9 - 06109lL9 228.08 Period : 05/LOl L9 - 06109l L9 2,089.s0 Period: 05/10/79 - 06lO9l t9 988.88 Period: O5/7Oth9 - O6l09h9 593.35 Period : OsltO/t9 - 06109l t9 20.63 Period: O5lLOl79 -06/091t9 1,030.41 Period: 05/10/19' 06109119 18.97 Period: Oshihg - 06lL4h9 13143403 13158235 L3758237 131s8238 13158239 13158240 13158339 13158671 13195325 07/0912079 503378 s 7,572.90 002889. AT&T MOBILITY 011.9019.560010 s 45.23 Period: O5lO9l19 - 061081]-9 832176480X06162 019 07l09/20L9 603379 s 46.23 OO43O3 - ATHENS INSURANCE SERVICES, INC 5,674.16 P dnted: 7 I 3L I 2019 4:27 :LoP M 011.1026.594200 s 5,674.76 TPA Fees 06/19 rvc185s7 o7/0912079 503380 s PaPe 27 ot 58 VENDOR NAME AND NUMBER NUMBER AMouNr DEscryPllel*INVOICE CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 005293 - B-LINE INVESTIGATIONS, INC 011.1031.595200 s 1,085.00 Background lnvestigation Services 1050 07lo9/2079 603381 s 1,085.00 006171 - BRAVO CHRYSLER DODGE JEEP RAM 011.1031.840000 s 011.1031.840000 s 011.1031.840000 s 32,527.O0 2019 Dodge Charger 8.75 Tire Tax 3,090.07 Sales Tax 9.5% D0575 D0575 D0575 011.0013732 011.0013732 07/09/20re 603382 s 35,625.82 004128. CITY OF WHITTIER 020.1084.s95s50 s 5,000.00 SEWC L9/20 Dues 8020000732 07/09/2019 603383 s 5,000.00 006191 - DATATICKET, INC 011.1031.s94200 s 475.52 Parking Citations Processing Services 100348 07/o9l2O:-s 603384 s 475.62 OOO529 - EPIC LAND SOLUTIONS, INC 011.1004.595200 s 1,237.50 Professional Services 6190681 o7lo9l2079 60338s s 7,237.50 003489 - FLORENCE FILTER CORPORATION 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 s 5 s S 5 s 42.00 1531-955 16" X 25" X 2" MERV1o Pleat, 81.60 1531-967 20" X 25" X 2" MERV10 Pleat, 107.52 1631-980 24" X 24" x]-" MERV1O Pleat, 518.00 1631-998 24" X 24" X 22" MERV13 8P Bag 79.81 Freight 71.17 Sales Tax 9.5% 111683tN 111583rN 111683tN 111683rN 111683tN 1116831N 011.0013848 011.0013848 011.0013848 011.0013848 011.0013848 603385 s 900.10 P rinted: 7 / 31 I 2Ol9 4:27: 10PM o7lo9/2019 Pase 28 of 58 EARTY CHECKS PAYMENT NUMBER , AMOUNT DESCRIPTION !NVOtCE DAIE NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,20L9 004181. FRANCHISE TAX BOARD 020.210260 055.210250 148.41 Garnishment: Payment 841.00 Garnishment: Payment 8en217184 Ben217184 oT loe/20L9 503387 s 989.41 011.9019.s50010 s 55.01 Period: 06l16/79 - 07/75/t9 051619005825. FRONTIER o7 /09/2019 603388 s 55.01 OOO147. GENERAL PUMP COMPANY, INC 020.1084.590000 020.1084.590000 S S 12,250.00 Emergency PumP RePair 2,340.00 EmerBency PumP RePair 270L0 27OTL 07 10912019 503389 s 14,590.00 000686 - |GOE & COMPANY, lNc 011.1025.594200 s 75.00 Participation Fee r.96109 o7l09/2OL9 603390 s 75.00 OO544O. INTEGRA CHEMICAL CO 020.1084.520000 020.1084.520000 020.1084.520000 020.1084.520000 s S s s 2,180.00 ltem Number: V320.LPD-AL- 120.00 ltem Number: V320.LPD-SCREEN - 230.85 ltem Number: V325.50.20T - 84.50 Freight 131393rN 1313931N 1313931N 13r.393tN 011.0013846 011.0013846 011.0013845 011.0013845 07/09/20L9 603391 s 2,615.35 OOO829 - IRON MOUNTAIN 011.9019.560010 s 1,030.03 Storage Services 201891051 07l09/2o7s 603392 s 1,030.03 006399 - JOE MAR POLYGRAPH & INV 011.1031.596200 s SVC, I 22s.00 P(intedi 7 l3ll20L9 4:27: 10PM 225.00 Pre-Employment Polygraph Exam 201905020 07 l09l2o1s 603393 s Pase 29 of 58 s S CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 5, 2019 006557 - LACHER INVESTIGATIONS 011.1031.596200 s 900.00 Background lnvestigation 2019VPD001 07/09/2O1s 503394 s 900.00 OOOO58 - LEADER EMERGENCY VEHICLES 011.1045.520000 011.1045.520000 011.1046.s20000 s s S 45.00 L0782710 rear wheel center cap 22.50 Freight 6.41 Sales Tax 9.5% 90407000 90407000 90407000 011.0013820 011.0013820 o7lo9/2}19 50339s s 73.97 006617 - LENSMASTER, INC 011.1001.s20000 s 900.00 Creative fee-1110 011.0013869 07lo9/207s 503396 s 900.00 000610. NICK ALEXANDER RESTORATION 011.1045.520000 s 011.1046.s90000 s 011.1046.520000 s 45.00 Materialto repair headliner 130.00 Labor to repair headliner 4.51 Sales Tax 10.25 3675 3676 3676 011.0013828 011.0013828 07l09l2079 603397 s t79.6r 006475 - ONEPOINT HUMAN CAPITAL 011.9019.520010 s MGMT 215.00 Time Tracking System 42t60 07 /o9l2}t9 503398 s 215.00 000163 - PROFORMA EXPRESS GRAPHICS 893.47 Printed: 7/31/2019 4:27:10PM 011.1031.s20000 s 893.47 Parking Violation Notices 560014325 07/o9l2}ts 6033ee s Pase 30 of 58 EARLY CHECIG accour{r I|.OiCE jnAIItEt{I CHECI( p y_r{EF vEiii,od ^i,tE axd'iuMBE. ffi"-il " iiriiiii oiscrurrior, - iirvtiin ' ' r'.o} " d'im tuttoti ailbuh ClW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2Ot9 OOO38O - STACY MEDICAL CENTER 011.1031.595200 011.1031.596200 s s 1,208.50 Medical Services 765.00 Medical Services 521132338 s21132339 07l09/2019 603400 s 1,973.50 006438 - STREAM KIM HICKS WRAGE 011.1024.593200 s 3,579.30 Professional Services-3094 07 lo9l2l79 603401 s 3,579.30 005419 - SUPERIOR CT OF CAL OF LA 011.1031.594200 s 1,183.06 Parking Citations 05/19 070119 oTlo9l2ots 603402 s 1,183.06 OO444L - U.S. DEPT OF EDUCATION 011.210250 408.74 Garnishment: Payment Ben2l7t82 0Tloel2ote 503403 s 448.74 ooo883 - UNITED RENTALS (NORTH AMERICA) 011.1049.590000 s L,t20.7 4 Equipment Rental 169931433001 07lo9l2ot9 603404 s r,L20.74 P tinted: 7 / 37 I 2079 4:27 il0P M Pase 31 of 58 AMOUNT DESCRIPTION CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 004026 - AIRWAVE COMMUNICATIONS ENTERPR 011.1046.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1045.520000 011.1046.s20000 011.1045.520000 011.1045.590000 011.1045.520000 s s 5 s s S s s s 149.53 Universal undercover tm led insert 152.50 Micro pulse ultra led light head amber 52.50 lgnition delay module 30 min to 8 hrs - 3t.25 75 amp heavy duty relaY 21.25 8 position fuse block 27.35 50A cb hi amp man sP vlt sfc 43.75 Miscellaneous hardware, loom, wire 1,205.10 Removal of existing amber lightbar and 49.82 SalesTax 10.00 tr753 L7753 rt753 11753 LLl53 tt753 tL753 71753 Ltl53 011.0013826 011.0013826 011.0013825 011.0013826 011.0013826 011.0013825 011.0013826 011.0013826 oTlrL/207s 50340s s 1,753.15 001948 - AT&T 011.9019.590110 s I,979.40 Period: 05/19 061919 07/rtl2019 603406 s 7,979.40 011.9019.560010 s 187.34 Period:05/19 062019001948 - AT&T 07/ttl2otg 503407 s r87.34 OOL752 - BENNETT-BOWEN & LIGHTHOUSE 011.1046.s20000 011.1045.520000 011.1046.520000 s s s 1,399.00 L13JY2 55" whelen light bar 67.70 L5MK94 light bar mounting kit 139.35 Sales Tax 9.5% t482264 t482264 t482264 011.0013815 011.0013815 oTltt/2o19 603408 s 1,605.0s 006293 - B-LINE INVESTIGATIONS, INC 011.1031.596200 s 1,275.OO P tinted, 7 I 3L I 2019 4:27'.10P M 1,27 5.OO Backgrou nd I nvestigation Services 1047 07 llt/20r9 603409 s Paee 32 of 58 EARLY CHECXS vEtDOn I{A EAID I{UMBER,'. , IIUMBERi 'I i:aluoulYl D€so molt '!' ". !li' : ll{\()lcE " , P.Or' I i'OIE IIUMBES rUOUdi CtW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OL9 OOO778. CALIFORNIA WATER SERVICE 011.1033.560000 011.1043.s50000 s S 107.33 Period:.06l19 42.45 Period:05h9 0624t9 052419(2) oTltL/2o19 503410 s L49.78 003855 - COMMERCIAL TIRE COMPANY 011.1046.590000 011.1046.s90000 S S 80.00 Labor for service call at Fire Station 29.00 Labor to repair right front tire 1152898 1152898 011.0013815 011.0013815 0717t/20t9 603411 s 109.00 OO34O5 . COMMUNICATIONS SUPPLY CORP 0s7.1057.520010 057.10s7.520010 S s 1,576.80 Communication SuPPlies- 503.82 Communication SuPPlies- 554660 594302 057.0000078 057.0000078 07 llt/20r9 603412 s 2,780.62 OOO947 . DAILY JOURNAL CORPORATION 011.1003.550000 011.1003.550000 s s 256.20 Publication Services 260.40 Publication Services 83263748 83264334 o7lrtl20l9 603413 s 516.60 002556. DEWEY PEST CONTROL 055.5600.590000 055.8400.590000 056.s500.s90000 s s s 65.00 Pest Control Services 122.00 Pest Control Services 65.00 Pest Control Services 12646067 r2700612 72774866 o7 l:-rl2}tg 603414 s 252.00 005055 - ECMS, INC 011.1033.540000 011.1033.540000 ilill #ll:::i:::i:::s s tNV285811 rNV287867 o11.0013227 071.O0t3227 715.06 Printedi 7 l31l 2OL9 4:27: 10PM oTltt/20Le 60341s s Paee 33 of 58 EARTY CHECKS VENDOR NAME AND NUMBER NUMBER DESCRIPTION NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 003285 - ALEXY ESCOBEDO 011.1031.s96500 s 13.92 Firearms / Tactical Rifle Adv 070219 o7 lLtlzotg 603416 s 13.92 001956 - IGNACIO ESTRADA III 011.1031.s95500 s 011.1031.596500 s 011.1031.596s00 s 30.00 Parking Fees 30.00 Parking Fees 246.48 Sherman Block SLI Class 437-2 070419 o7o4t9(21 071019 o7/7t/2019 603417 s 306.48 003796 - FIRE APPARATUS SOLUTIONS 011.1033.570000 011.1033.570000 S s 786.17 Vehicle Maintenance & Repairs 2,243.82 Vehicle Maintenance & Repairs 14962 14953 07/tu2ote 603418 s 3,029.99 011.1049.520000 s 201.47 Building Hardware-9L7667L262 01r..0013220OO17L2 - GRAINGER, CO oTlLrl2ole 503419 s 20t.47 004222 - HEATH CONSULTANTS INCORPORATED 056.5500.520000 s 343.24 Calibration Services-1043148 056.0000520 07l77l2ot9 603420 s 343.24 003122. J&HAUTOBODY 011.1046.s20000 s 011.1045.520000 s 011.1045.590000 s 011.1045.s90000 s 011.1046.s20000 s 44.73 Parls to repair 27.20 Paint & material 38.40 Paint labor 86.40 Body shop labor 7.37 SalesTax 10.25 15780 15780 15780 15780 15780 011.0013830 011.0013830 011.0013830 011.0013830 204.1o P rinte& 7 /3!/ 2019 4:27: 10PM 07l11l2ot9 603421 s Paee 34 of 58 EARTY CHECKS VEIIIDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION !NVOICE CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6, 2019 005399 - JOE MAR POLYGRAPH & INV svc, I 011.1031.596200 011.1031.s95200 s s 225.00 Pre-Employment Polygraph Exam 225.00 Pre-Employment Polygraph Exam 201905004 201905006 07ltl/2079 603422 s 450.00 OO]-722 - KENNEDY EQUIPMENT, INC 011.1045.520000 011.1046.520000 011.1045.520000 011.1046.590000 011.1046.520000 12.73 5601-85201 fuel caP 5.42 5500-85300 PiPe comPlete 7.52 5500-85400 fuel filter 12.00 Freight 2.44 Sales Tax 9.5% s S s s s 206234 206234 206234 206234 206234 011.0013824 011.0013824 011.0013824 011.0013824 o7 111.120L9 603423 s 40.11 011.9019.590110 s 15,134.36 Constant Connection Program Renewal on 891941 011.0013916004148 - LUClrY, lNc o7 /71120L9 603424 s 15,134.36 011.9019.560010 s 34.11 Period:05/19 677975378277001017 - SPRINT oTlt].l2otg 50342s s 34.17 001159 - SUSAN SAXE-CLIFFORD, PH.D. 011.1026.597000 s 400.00 Psychological Evaluations 1906276 07 lttl2otg 603426 s 400.00 OO5O15 - TECHNOLOGY FOR ENERGY CORP 05s.8000.590000 s 1,958.65 Calibration Services-29654 07 lrtl2otg 603427 5 1,9s8.6s Printedi 7 I 311 20L9 4:27:10PM 614.58 Period:05/19 7rt47245 055.0002687 o7ltLl2079 603428 s Pase 35 of 58 001481 - VERIZON BUSINESS SERVICES 011.9019.560010 s 614.68 NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 5, 2019 006627 - ADRENALINE CHALLENGE COINS 011.1033.520000 s 585.00 Vernon FD Challenge Coins 190514V o7lt6/2019 603429 s 585.00 001948 - AT&T 055.9200.560010 s 327.92 Period 06/ t9 I 79 - o7 I ],81 t9 3110174155 o7 l7612Or9 603430 s 327.92 007752 - BENNETT-BOWEN & LIGHTHOUSE 011.1043.520000 011.1043.s20000 011.1043.520000 011.1043.s20000 011.1043.520000 011.1043.520000 011.1043.520000 011.1043.520000 011.1046.s20000 011.1046.520000 011.1046.520000 01r..1045.520000 60.52 Sunscreen, 100 per box, #91554. 37.30 Neck Shade, Orange,#276810. 115.00 Safety Vest, Medium, #SV6-2. 115.00 Safety Vest, Large, #SV6-2. 115.00 Safety Vest, X-Large, #SV5-2. 115.00 Safety Vest, 2X-LarBe, #SV6-2. 115.00 Safety Vest, 3X-Large, SSV6-2. 63.93 Sales Tax 9.5% 118.36 H27SN12 whelen arrow stick bulbs 11.24 Sales Tax 9.5% 139.20 L5PCC5 lightbar control box 13.22 Sales Tax9.5% t482297 t482297 t482297 1482297 t482297 1482297 1482297 t482297 r482299 t482299 t482405 t482405 011.0013855 011.0013855 011.0013855 011.0013855 011.0013855 011.0013855 011.0013855 011.0013823 011.0013829 S s S s s S s s s s s 1,018.87 P tinted: 7 I 3f I 2019 4:27 :7OP M 07h6/2OLs 603431 s Pase 36 of 58 CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2Ot9 005356 - BLACK & WHITE EMERGENCY VEHICL 011.1031.8s0000 s 011.1031.850000 s 011.1031.8s0000 s 011.1031.8s0000 s 011.1031.8s0000 s 011.1031.850000 s 011.1031.8s0000 s 011.1031.8s0000 s Lr,159.47 3,360.00 240.00 1,050.15 tt,159.47 3,350.00 240.00 1,060.15 Complete Patrol Unit Emergency Labor Charge: lnstallation of all Labor Charge: (2) Removals of a Sales Tax 9.5% Complete Patrol Unit Emergency Labor Charge: lnstallation of all Labor Charge: (2) Removals of a Sales Tax 9.5% 3L27 3727 3L27 3127 3128 3128 3128 3128 011.0013858 011.0013858 011.0013868 011.0013868 011.0013858 011.0013868 o7116/20L9 603432 s 37,639.24. 003749. CA BUILDING STANDARDS COMMISSI 011.1041.595200 s 7,739.70 2nd Qtr O4lotl]'g -06130/19 070819 07176/2019 603433 s 1,739.70 001264 - CITY CLERKS ASSOC OF CAL 011.1025.550000 s 200.00 Job Posting 20190415 07lL5/207s 603434 s 200.00 OO3O88. CLINICAL LAB OF SAN BERNARDINO 020.1084.500140 s 1,080.00 Lab Services 969196 07 /16/2019 50343s s 1,080.00 Pase 37 of 58 P (inted : 7 I 31. / 2079 4:27 :LoP M EARTY CHECKS rNvotcEVENDOR NAME AND NUMBER DESCRIPTION CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OI9 003142 - COLONIAL LIFE ott.2L0223 020.210223 0552t0223 056.210223 olr.210223 011.1004.530034 3,913.66 605.84 1,334.L2 807.88 230.05 0.04 s S s s S s Colonial Supp lns (Pre-Tax): Payment Colonial Supp lns (Pre-Tax): Payment Colonial Supp lns (Pre-Tax): Payment Colonial Supp lns (Pre-Tax): Payment Colonial (Post Tax): Payment Supplemental lns - JulY- 77L36470601L59 7713647060tt59 77L36470601159 77L36470601159 77L3547060rL59 77t36470601L59 07 l76l2OLe 603436 s 5,892.50 OOO331 - COMMERCIAL DOOR OF LOS ANGELES 011.1049.590000 011.1049.590000 Repair Security Door at FS#3 lnstall Sliding Gate s s 3,733.79 4,985.00 17832 L7864 07/76l29rs 503437 s 8,718.79 004997 - DIV OFTHE STATE ARCHITECT 011.200235 98.80 2nd Qtr 2019 581186 070319 07 l7612019 503438 s 98.80 OOO892 . WILLIAM FOLTZ JR 011.1033.s02030 011.1033.502030 s s 425.00 Vision Benefits lF.Foltz 425.00 Vision Benefits / H. Foltz 0526r.9 052619(2) 07l1612Ot9 60343e s 850.00 006350 - ]OHNSON CONTROLS FIRE PROTECTI 011.1049.520000 011.1049.520000 011.1049.520000 s s S 2,158.96 12" Clocks, Round, Semi-Flush, Model 50.00 Freight 205.10 Sales Tax9.5% 85942290 85942290 85942290 011.0013852 011.0013852 2,4t4.06 Printed: 7/31/2019 4:27:10PM 07lt6/20t9 603440 s Pase 38 of 58 EARTY CHECKS VENDOR NAME AND NUMBER lNvorcE NUMBER AMOUNT s CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6, 2019 001832 - KENNEDY NAMEPLATE COMPANY, INC 011.1050.520000 011.1060.s20000 011.1050.520000 01r..1050.520000 S s s s 1,066.25 3 X 3 Diamond Shape Destructible Health 101.29 Sales Tax 9.5% 703.74 3 X 3 Diamond Shape Destructible Health 9.86 Sales Tax 9.5% 793L9 79319 79358 79358 011.0013794 011.0013794 07 /1612019 503441 s 1,281.15 OOO897 - LEAGUE OF CALIFORNIA clIEs 011.1026.s50000 s 300.00 Job Posting 57785 o7 /r6l2OL9 603442 s 300.00 OO444O- MOUNTVERNON INDUSTRIAL, LLC 0s5.7200.596702 0s5.7200.596702 s s 1,523.55 Customer lncentive Program 1,575.65 Customer lncentive Program 071019 071019(2) 07176/2019 603443 s 3,199.20 005219 . NUCONIC PACKAGING 0ss.7200.s96702 s 6,L93.72 Customer I ncentive Program 071019 07 lL5l2O19 503444 s 6,t93.72 OOO8O3 - SAN DIEGO POLICE EQUIPMENT CO, 011.1031.520000 011.1031.520000 011.1031.520000 011.1031.520000 011.1031.520000 858.52 FED-P9HSr2- s58.36 CCI-24445SP- 6,277.60 FED-XM193- 186.55 Freight 731.93 Sales Tax 9.5% s s s S s 638107 638107 638107 638107 638107 011.0013849 011.0013849 011.0013849 011.0013849 8,623.O7 Printed: 7/31/2019 4:27:10PM o7 /L5l2O1s 503445 s Pase 39 of 58 NUMBER AMOUNT DESCRIPTION NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OL9 006460 - VIVA CONCEPTS, LLC 055.7200.s96702 s 1,539.00 Customer lncentive Program 071019 071:.612019 603446 s 1,639.00 OO57O8 - WILLDAN ENGINEERING 011.1041.s95200 s 3,250.00 Code Enforcement Services 227Lrt o7/t612079 603447 5 3,250.00 006629 - WEST COVINA COURTHOUSE 011'199999 35,0OO.OO Fwd Bail Monies to Courthouse 0717t9 07lt8/20L9 603448 s 35,000.00 011.9019.s50010 s 732.52 Periodt 06119 06201e(2)001948 - AT&T 07lt8l2ot9 603449 s 732.s2 05s.9200.550010 s 152.00 Period:'061L9 8573s68406001948 - AT&T o7 lt8l2ol9 6034s0 s 1s2.00 OO43O3 - ATHENS INSURANCE SERVICES, INC 011.1026.s94200 s 5,844.4L TPA Fees 07119 1vc18754 07 lL8/2019 6034s1 s 5,844.41 OOT717 - AUL PIPE TUBING & STEEL, rNC 011.2033.850000 011.2033.850000 011.2033.850000 457.93 FABITEMS- 915.85 FABITEMS- 130.51 Sales Tax 9.5% s S s 148595 148695 148595 011.0013861 011.0013851 07/t8l2ot9 6034s2 s L,504.29 006054 - BEARCOM 4,040.00 P tinted: 7 137120L9 4:27:10PM 011.1049.s90000 s 4,040.00 Repair LobbY Door 484492t 07178/20L9 6034s3 s Pase 40 of 58 TTIUMBER AMOUNTNUMBERAMOUNT DESCRIPTIONVENDOR NAME AND NUMBER CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 :i, !! !I, !, PAYMEI{T CHECI( PAYMETIT venoot rlrE ano iutusE8 r{uMlER AmouF DS$tlgtr , lm'ofir Po'l l'arE I{uMBEn amoutrr EARTY CHECKS OO549O. CINTAS CORPORATION 011.1043.540000 s 011.1046.s40000 s 011.1047.s40000 s 011.1049.s40000 s 011.1043.540000 s 011.1045.540000 s 011.1047.s40000 s 011.1049.540000 s 011.1043.540000 s 011.1046.540000 s 011.1047.540000 s 011.1049.540000 s 011.1043.540000 s 011.1046.540000 s 011.1047.540000 s 011.1049.s40000 s 108.93 Uniforms 34.98 Uniforms 27.09 Uniforms 39.57 Uniforms 108.93 Uniforms 34.98 Uniforms 27.09 Uniforms 39.57 Uniforms 108.93 Uniforms 34.98 Uniforms 27.09 Uniforms 39.57 Uniforms 108.93 Uniforms 34.98 Uniforms 27.09 Uniforms 39.57 Uniforms 4023395426 4023395426 4023395426 4023395426 402380s292 4023805292 4023805292 4023805292 4024311098 4024311098 4024311098 4024311098 4024735041 402473504L 402473504t 402473504t 07 lr8/20r9 6034s4 s 842.28 ooo915 - COUNTY CLERK, COUNTY OF 020.1084'900000 s LA 2,354.75 Notice of Determination-07L7t9 071]^8/2079 603455 s 2,354.75 001444 - LA COUNTY AUDITOR CONTROLLER 94.00 P tinted: 7 I 3L I 2019 4: 27: 10PM 011.1031.s94200 s 94.00 Autopsy Report 19ME0421 07/Lgl21ts 5034s5 s Pape 4L of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 5, 2019 OO5O11 - DANN FROEHLICH DESIGN 011.1026.595200 011.1026.596200 s s 521.81 City Clerk Brochure 621.81 Director of Finance Brochure 071519 071s19(2) 07lt8/2019 603457 s r,243.62 011.1031.594200 s 281.65 Parking Citation Processing Service 101652006191 - DATATICKET, INC o7/1.812019 6034s8 s 281.55 011.1041.59s200 s L2,286.6L Mapping Fee 2nd Qtr 2019 070819OOO977 - DEPARTMENT OF CONSERVATION o7 lt8l2oL9 6034ss s t2,286.67 004181 - FRANCHISE TAX BOARD 020.210260 0s5.210260 148.42 Garnishment: Payment 840.99 Garnishment: PaYment Ben217430 8en217430 o7 lr8l2o79 603450 s 989.41 OOO999 - INTERSTATE GAS SERVICES, rNC 0s5.s600.s95200 s 6,I7 4.69 Consu lting Services 702749s 07h8l2}t9 603461 s 5,174.69 003722. J&HAUTOBODY 011.1046.520000 s 011.1046.520000 s 011.1046.590000 s 011.1046.590000 s 011.1046.520000 s 84.81 Parts 27.20 Paint and material 38.40 Paint labor 120.00 Body shop labor 11.48 Sales Tax 10.25 15804 15804 15804 15804 15804 011.0013834 011.0013834 011.0013834 011.0013834 281.89 Ptinted: 7 l3ll20l9 4:27 :loPM o7/t8120]^9 503462 s Paee 42 of 58 EARLY CHECKS1"'-i -"--,-,,,' , Ea60[i I iE :rr, " "' '' L' "'' Fi Eii -id E' Eii vExdbn i^ME tho'loiiBEn I uMsEn A;&; odlcRlmol{' ' lt{ltolc! r' 'i P'o'r I r' " r dffE ttuuBEn aMouili s s CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 OOO25O. KREIGER SALES & SERVICE 011.1046.s20000 011.1046.520000 011.1045.520000 011.1046.590000 011.1046.520000 S s s S s 105.76 05-186400 unloader 7.98 Pss00-6-6 318" x3l8" niPPle 9.77 P5405-6-8 3/8" mxL/2" female nipple 90.00 Labor to diagnose and rePair 12.56 Sales Tax 10.25 5259 5259 s259 5259 5259 011.0013832 011.0013832 011.0013832 011.0013832 o7 lr\/2}te 503463 s 225.t7 OOO897' LEAGUE OF CALIFORNIA CITIES 011.1026.ss0000 s 300.00 Job Posting-57781 07 lt8/20t9 603454 s 300.00 000610. NICK ALEXANDER RESTORATION 011.1046.520000 011.1046.590000 011.1046.520000 011.1046.s20000 011.1046.590000 011.1045.520000 95.00 Material to repair cushion and 125.00 Labor to repair cushion and reupholster 9.74 Sales Tax 10.25 11.00 Materialto reupholster drivers side 54.00 Labor to reupholster drivers side bench 1.13 Sales Tax 10.25 3579 3679 3679 3682 3582 3682 011.0013831 011.0013831 011.0013833 011.0013833 s S S s s 07/L812079 603465 s 295.87 005585 - OCCUPATIONAL HEALTH CENTERS OF 011.1026.597000 011.1026.597000 615.50 Medical Services Medical Services 64555198 64729396 1,079.50 P rlnted: 7 I 31 I 2079 4:27 :\OP M 463.00 07lt8/20r9 603466 s Paee 43 of 58 EARLY CHECXSl";;'.-,',, ",,,,,,,,,', ,r ', 6U i' : iIvdiE "'I'""'' "'" '""' ----EmE------tEEdi-l-::-EfriTi vEttDoR I{AME axo I{uirBlR r{uuaEi '' AMoullT DElcilmo '' ' ' lru)lcE " P'o"l ' DAIE I{uMEER iilt_gri'ir CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OL9 0o15oo - PAClFlc PRODUCTS & SERVICES, L 011.120010 011.120010 011.120010 011.120010 011.120010 011.120010 s s s s s s 672.00 3260-900 2"sq. 14 ga. X 10' Perforated 622.50 326O-9Ot 2-1/2"sq- 7 ga. X 30" Heavy 1,597.50 3260-902 2"sq. 14 Ba. X 12' Perforated 640.00 3250-903 Surface Mount Base for 2" 225.00 Freight 335.54 Sales Tax 9.5% 2s245 25245 25245 25245 25245 25245 011.0013854 011.0013854 011.0013854 011.0013854 011.0013854 o7ll8l2}79 503467 s 4,092.54 011.1031.540000 s 364.09 Reimb. Half Cost of Bulletproof Vest 062519006528 - BRYAN REDONA 0711812019 603468 s 364.09 011.1024.593200 s 136.20 Re: Los Angeles MS4 Permit Petition 222229OO39OO - RICHARDS, WATSON & GERSHON 07lt\l2oL9 603469 s 136.20 OO1470 - SHAHRAM SHARIFZADEH 055.9200.595s00 5 37.12 SCPPA Renewable GrouP 071019 07 lt8l2o79 603470 s 37.12 OOO282 . TRI-CITY MUTUAL WATER COMPANY 011.1033.s60000 s 157.50 Period 06179 070119 07 lt8/2ors 603471 s 157.50 004441 - U.S. DEPT OF EDUCATION 408.74 P tinted: 7 l3ll2o79 4:27: 10PM 011.210250 408.74 Garnishment: PaYment Ben2l7428 07 118/2079 503472 s Paee 44 of 58 EARLY CHECXS--: l :, :;;,;: @ur,. .t ::,iw6rc;.: ;:,.l : ,' , ,i.',, -:i,',,,', PAYMEITT clrcc,. '! PAV,E r vEI{DOr ttaME al{D trtuMlER lluMBER AMqrtfT DESCf,ImOlI . . llwolcE P'o r , D ]E l{u'lulER AMOqr{I CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6, 2019 001628 - WECK LABORATORIES, INC 020.1084.500140 020.1084.500140 s s 15.00 Water Quality Testing & Reporting 15.00 Water Quality Testing & Reporting W9F1849COVERNO N W9Fl850COVERNO N o7lL8/20r9 603473 s 30.00 OOOOO5. ATHRONE CO, INC 055.8100.596200 055.8100.595200 0s5.8100.596200 84.95 Portable Restrooms 279.14 Portable Restrooms 88.95 Portable Restrooms s s s 589101 589102 s89103 o7/23120L9 603474 s 453.04 005567 - ALTA PLANNING + DESIGN, tNc 011.1043.595200 011.3043.596200 s s 2,835.52 Professional Services 16,067.97 Professional Services 20181878 20181878 0712312019 50347s s 18,903.49 OOO314. ANGEL CITY DATA, INC 011.9019.590110 011.9019.590110 011.9019.s90110 011.9019.590110 011.9019.590110 s s s s s 850.00 Fire Station lnspection Database System 700.00 Fire Station lnspection Database System 1,850.00 Fire Station lnspection Database System 550.00 Fire Station lnspection Database System 500.00 Fire Station lnspection Database System 16551 15552 16519 15658 17003 07123/20]-9 603476 s 4,450.00 006615 - B&B ELECTRIC MOTOR SERVICE, IN 020.1084.900000 020.1084.900000 s s t7,482.51 Nidec US Nidec US Motors HO250V2SLHX 1,550.84 Freight 75442 75442 011.0013865 011.0013865 19,143.35 Printed: 7/31/2019 4:27 :loPM 07123/2019 603477 5 Pase 45 of 58 EARTY CHECKS VENDOR.NAME AND NUMBER NUMBER PAYMENT DATE NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2019 OO5O78. BURKE, WILLIAMS & SORENSEN, LL 011.1024.s93200 s 011.1024.593200 s 011.1024.s93200 s 8,649.52 Professional Services 403.00 Professional Services L,l57.tS Professional Services 242328 242329 242330 07l23l2OL9 603478 s t0,209.67 006004. PATRICK CAM 011.1031.595500 011.1031.s96700 s s 24.35 Commercial Enforcement Training 80.00 Commercial Enforcement Training 071519 071619 07 l23l2Or9 603479 s 104.36 001645. EUGENIO CERDA 011.1031.s95500 s 8.12 Firearms / Tactical Rifle Adv 071619 07l23l2ot9 503480 s 8.L2 Prir|tedt 7 l3Ll20L9 4:27:10PM Pase 46 of 58 EARTY CHECKS VENDOR NAME AND NUMBER NUMBER AMOUNT DESCRIPTION CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 OO549O - CINTAS CORPORATION 020.1084.540000 055.8000.540000 0ss.8100.s40000 055.5600.540000 020.1084.540000 0s5.8000.540000 0ss.8100.s40000 056.5500.540000 020.1084.540000 0s5.8000.540000 055.8100.540000 056.s600.540000 020.1084.540000 055.8000.540000 055.8100.540000 056.s500.540000 112.77 Uniforms 98.75 Uniforms 72.87 Uniforms 39.30 Uniforms 113.72 Uniforms 25.72 Uniforms 108.40 Uniforms 39.30 Uniforms 112.77 Uniforms 98.75 Uniforms 36.37 Uniforms 39.30 Uniforms 112.77 Uniforms 55.84 Uniforms 69.28 Uniforms 39.30 Uniforms s s s s s s s s s s s S s s s S 4024L80467 402478046L 4024180461 402418046r 4024629093 4024529093 4024629093 4024629093 4025079322 4025079322 402s079322 4025079322 4025s56816 402s555816 4025566816 4025566816 07 /23/2OL9 503481 s 7,L86.2L OO7O27 - D&R OFFICE WORKS, INC 9,237.27 P (inte d. 7 I 3l I 2Ot9 4:27 :10P M 0ss.9000.s95700 s 9,237.27 Office Furniture 112928tN 07 123/207s 603482 s Pape 47 ol 58 EARTY CHECKS NUMBER AMOUNTVENDOR NAME AND NUMBER CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 000970 - DANGELO CO 020.1084.520000 020.1084.520000 020.1084.520000 s1371791001 s1371791001 s1371791001 011.0013856 011.0013855 s S S 838.42 HYMAX 12,,O.S. FLG ADAPT - 218.75 SPOOL 12" x 0'10" - 100.44 Sales Tax9.5% o7/23/2079 603483 s 7,757.6t OOO147 - GENERAL PUMP COMPANY, tNc 020.1084.590000 s 27,577.88 Emergency PumP RePair 27186 07/231207s 503484 s 2t,571,.88 OO535O - HAUL AWAY RUBBISH SERVICE CO, 011.1048.596200 011.1049.596200 011.1033.520000 011.1033.520000 011.1033.520000 011.1033.520000 055.8400.595200 0ss.8400.596200 011.1043.595200 s S S s s s s s S 67.50 Disposal & Recycling Services 488.00 Disposal & Recycling Services 57.50 Disposal & Recycling Services 67.50 Disposal & Recycling Services 57.50 Disposal & Recycling Services 57.50 Disposal & Recycling Services 142.00 Disposal & Recycling Services L,754.45 Disposal & Recycling Services 3,021.10 Disposal & Recycling Services 95X05534 95X05535 95X05s35 96X05537 96X05538 96X05539 95X05540 95X05541 96X05s42 o7/23lzote 60348s 5 5,143.05 006422- MARIPOSA LANDSCAPES, INC 011.1049.590000 s 3,582.00 Landscape Maintenance 85025 07/2312079 503486 s 3,s82.00 OOO185 . MSW CONSULTANTS 33,651.59 Printed: 7/3U2019 4:27 :loPM 011.1050.59s200 s 33,551.59 Consulting Services 05/19 259 07123120t9 503487 s Pase 48 of 58 CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2019 EARTY CHECKS DAYI,IiI? ''IE'I( DAYI'EIII vEItDoi /luE aND TuMBER UMBER . auourr oescnrmor flvolcE P.o* oaIE l{uMaER Airoir i 006475 - ONEPOINT HUMAN CAPITAL 011.9019.520010 S 215.00 Time Tracking System MGMT 427L0 o7l23l2oL9 603488 s 21s.00 006485 - QUENCH USA, INC 011.1049.520000 s 421.57 Water Filtration units 011.1049.520000 S 76.65 Water Filtration Units rNV01655522(2) tNV01772750(2) 0712312079 503489 s 498.23 003869 - RICHARD p GUESS MD, tNC 011.1033.595200 s 750.00 Medical Director Fees-070119 0712312019 503490 s 7s0.00 003775 - SILVA's PR|NT|NG NETWORK 011.1050.520m0 s 79.00 Bu5iners Card for Melist. Nano" 26989 011.0013858 011-1060 52OOOO S 75! Sales Tar 9.5% 26989 0712312019 603491 s 85.51 005790 - SIMON WIND, INC O55.9OOO.9OOOOO S 3,805.00 Meteorological Services 1905 07123120L9 603492 s 3,80s.00 oo2o7g - so cALJOINT POLE 055.9100.596200 5 729.67 Operating Expense 06/19 COMMITTEE 2032t o7l23l2,Ls 503493 s 729.67 001616 - PHILLIP SWINFORD 011.1031.596500 S 5.96 Firearms / Tactical Rifle Adv 071819 0712312079 503494 s 6.96 002358 - TETRA TECH, lNC. 011.1060.595200 S 1,425.00 Professional Services o7/23120t9 50349s s 1,42s.00 Printed: 7/31/2019 4:27:1.0PM 5L43t294 Paee 49 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 OOT947 - LUIS VASQUEZ 011.1031.596500 s 113.64 Commercial Enforcement Training 071519 07123/2019 503496 s 113.54 006630 - VET HUNTERS PROJECT 011.1021.ss0000 s 2,500.00 3rd Annual Veterans ExPo 072219 07/23/2019 603497 s 2,500.00 005699 - WEBCO LB, LLC 011.1043.590000 s 10,250.00 Street Sweeping Services 06/19 L84742 07123/20t9 603498 s 10,250.00 005348 . AGILITY RECOVERY SOLUTIONS 011.9019.590110 s 415.00 Disaster Recovery Services 90955 07/2s/20t9 503499 s 41s.00 001973 - CALIFORNIA FRAME & AXLE 011.1046.520000 011.1046.520000 s S 55.00 Front End Repairs- 171.93 Front End Repairs- 53416 54572 011.0013193 011.0013193 07 /2s12079 603s00 s 226.93 OOO818 - CAMINO REAL CHEVROLET 011.1046.s20000 0r.1.1046.520000 16.55 Auto Parts- 54.82 Auto Parts- s s 247lLl 25252 011.0013186 011.0013185 o7 /2s12019 603s01 s 7L.37 001917. CENTRAL BASIN WATER ASSOCATION 020.1084.s96550 s 3,819.50 Assessment & Member Dues-070119 3,819.50 P tinted: 7 /3712019 4:27:10PM 07/2s12079 603s02 s Pase 50 of 58 EARTY CHECKS ACCOUNT INVOICE NUMBER AMOUNT DESCHPNON PAYMENT CHECK PAYMENT INVOICE P.O.# DATE NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 004163. CENTRAL FORD 011.1046.520000 011.1045.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1045.520000 011.1045.520000 011.1045.520000 011.1045.520000 011.1046.520000 011.1046.520000 75.14 Auto Parts- 11.31 Auto Parts- 45.54 Auto Parts- 202.28 Auto Parts- 20.20 Auto Parts- 21.94 Auto Parts- 90.90 Auto Parts- 227.76 Auto Parts- 152.94 Auto Parts- 108.20 Auto Parts- 9.26 Auto Parts- S s s s S s s s s s S 337511 337516 337627 33795s 337977 338022 338322 338582 338525 338668 338738 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 011.0013187 o7/2sl2OL9 603s03 s 966.47 005355. EAN SERVICES, LLC 055.9000.s96700 055.5500.s96700 115.68 Car Rental 101.10 Car Rental s s 2L620268 21620268 07l2sl2oL9 603s04 s 216.78 OOO399 - GARVEY EQUIPMENT COMPANY 011.1046.520000 s 98.45 Parts & Services-L20528 011.0013188 o7/2sl2Ot9 603sos s 98.45 OOO147 - GENERAL PUMP COMPANY, INC 020.1084.590000 020.1084.590000 11,250.00 Emergency PumP Repair 7,926.03 Emergency PumP RePair 27249 27259 19,175.03 Printed: 7/31/2019 4:27:L0PM o7/2s12019 603s06 s Pase 51 of 58 EARLY CHECKS tNvorcE P.O.#NUMBER AMOUNTNUMBER AMOUNT DESCRIPTION CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 OO17t2- GRAINGER, CO 011.1049.s20000 011.1049.520000 011.1049.520000 9196s23709 920724995r 9202474t52 011.0013220 011.0013220 011.0013220 s s s 877.93 Building Hardware- 213.92 Building Hardware- 139.37 Building Hardware- o7lzsl2079 603s07 s L,23L.22 004143 . INTERWEST CONSULTING GROUP, IN 011.1041.595200 011.1041.595200 237.50 Professional Services 4,7 23.28 Professional Services s s 48108 50857 o7/2sl2OL9 6o3so8 s 4,960.78 OOO445 . JOBS AVAILABLE, INC 011.1026.5s0000 011.1026.550000 S s 440.00 Job Ads- 440.00 Job Ads- 191502s 19t602l o7l2s/2079 503s09 s 880.00 011.1049.590000 s 210.00 Pool Maintenance 2488OO534O - LA POOL GUYS o7/2s12019 503s10 s 210.00 003272. LANGUAGE LINE SERVICES, tNc 011.1031.594200 s 208.21 I nterpretation Services 4585710 07/2s/20t9 503511 s 208.21 003908 - LOPEZ & LOPEZTIRE SERVICE 011.1046.520000 s 011.1045.520000 s 011.1046.520000 s 011.1046.s20000 s 491.43 Tires, Accessories & Repairs- 18.00 Tires, Accessories & Repairs" 430.55 Tires, Accessories & Repairs- 18.00 Tires, Accessories & Repairs- 2t597 2t620 2t636 27651 011.0013189 011.0013189 011.0013189 011.0013189 9s7.98 P tinted: 7 137/20L9 4:27:L0PM 07l2sl2ot9 603s12 s Pase 52 of 58 AMOUNT DESCRIPTION P.O.fi PAYMENT AMOUNT .G CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OI9 OOO3O9 - NAPA AUTO PARTS 01 1.1046.520000 s 1,135.05 Auto Parts & Accessories-052719_MULTIPLE 011.0013192 07/2sl2ot9 603s13 s Ptinted: 7 l31l 20L9 4:27: 10PM Paee 53 of 58 AMOUNT DESCRIPTION tNvorcE P.O.# CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2019 005934. O.REILLY AUTO PARTS 011.1045.520000 011.1046.520000 011.1046.520000 011.1046.520000 011.1045.520000 011.1045.520000 011.1046.520000 01r..1046.520000 011.1046.520000 011.1046.s20000 011.1045.520000 011.1045.520000 011.1045.s20000 011.1046.520000 011.1045.520000 011.1045.520000 011.1045.520000 011.1046.520000 011.1046.520000 011.1046.520000 118.96 Auto Parts & Accessories- 19.71 Auto Parts & Accessories- 315.55 Auto Parts & Accessories" 65.53 Auto Parts & Accessories- 193.60 Auto Parts & Accessories- 8.88 Auto Parts & Accessories- 125.26 Auto Parts & Accessories- -726.26 Credit- 110.49 Auto Parts & Accessories- 159.35 Auto Parts & Accessories- -t41.L7 Credit- 18.50 Auto Parts & Accessories- 38.99 Auto Parts & Accessories- 8.74 Auto Parts & Accessories- 212.42 Auto Parts & Accessories- 43.89 Auto Parts & Accessories- 112.57 Auto Parts & Accessories- 128.35 Auto Parts & Accessories- 118.12 Auto Parts & Accessories- 81.82 Auto Parts & Accessories- s s s s S s s s s s s s s S s s S s S s 3049223748 3049223894 3049224057 3049224L51 3049224769 3049224798 3049224940 3049224942 3049224945 3049225024 304922s045 3049225110 3049225118 3049225936 3049226200 3049226203 3049227015 30492270t6 3049227049 3049227700 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 011.0013190 7,624.5r P (inle d: 7 I 3L I 2079 4:27 iloP M 07/2sl2Ot9 603s14 s Pase 54 of 58 EARTY CHECIG \rE DOnlgtMEAIID UMAEi ,L U AER i!!. - AMOUW OESCRIPTIO .T ., I 'ir' ' tlltotce '' '' P.O.l mIE TMBEI ' 'AiiOUf,T CIW OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 5, 2019 003332 - P&F DISTRIBUTORS 056.s600.595700 s 1,500.00 Fusion Certification-1305081N 056.0000557 07l2sl2079 603s15 s 1,s00.00 006415 . PRIORITY BUILDING SERVICES, LL 011.1049.s90000 0ss.8300.596200 05s.8400.s96200 056.5600.595200 9,005.38 Janitorial Services 07/19 595.63 Janitorial Services 07/19 718.90 Janitorial Services 07/19 821.45 Janitorial Services 07/19 s s s S 64867 64858 54858 64868 07/2sl2Or9 503s16 s 11,141.36 006631 - .JOSHUA SALAETS 011.1033.595700 s 150.00 Reimb. EMT Certification 070819 07 l2s/2079 603s17 s 160.00 OOO191 - STATE STREET LAUNDRY 011.1031.520000 011.1031.s20000 011.1031.520000 8.10 Laundry Services- 8.10 Laundry Services- 21.60 Laundry Services- s s S 11593 11599 11500 011.0013233 011.0013233 011.0013233 0712s12079 603s18 5 37.80 005419 . SUPERIOR CT OF CAL OF LA 011.1031.594200 s 1,367.56 Parking Citations 06/19 071819 07l2sl20L9 603s19 s t,367.56 ooo141 - THOMSON REUTERS - WEST 011.1024.595600 s 011.4031.s96200 s 312.12 West lnformation Charges 1,578.65 West lnformation Charges 840s37829 840557989 1,890.77 Printed: 7/31/2019 4:27: 10PM 07l2sl2ols 603s20 s Pase 55 of 58 EARTY CHECKS VENDOR NAME AND NUMBER DESCRIPTION P.O.# DATE NUMBER AMOUNT CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2OL9 EARTY CHECKS ACCOUNT VENDORNAMEANDNUMBER NUMBER rNvotcE AMOUNT DESCRIPTION INVO|CE P.O.f PAYMENT CHECK PAYMENT DATE NUMBER AMOUilT 005132- THYSSENXRUPP ELEVATOR 011.1049.s90000 S 639.51 Elevator S€rvlce & Maintemn€e 3004678393 CORPONAT ol25l2o79 503521 s 639.51 OOO449 - UNDERGRoUND SERVICE 055.8300.596200 5 72.68 Regulatory Costs Fees ALERT 055.8300.595200 S 100.75 New Ticket Charges 18DSBFEE3621 620t90782 0712s/20t9 603s22 s 173.43 oos296 - uNlFtRsrcoRPoMTroN o11.1o5o.52OOOO s 70.55 OGIO CIL|SER 2.0 POLO (MENS) " 3052279263 0110013856 011.1050.520000 5 70.56 oclo caLlBER 2.0 PoLo (woMENS)_ 3052279263 011.0013855 011.1060.520m0 s 70.56 oclo caLrBER 2.0 PoLo (woMENs)_ 3032279253 011.0013E56 011.1060.520@0 s :5.28 OGIO CALISER 2.0 POIO (WOMENS)_ 3052279263 011.00138s6 o11.1O5O.52OOOO s 35.28 0610 CALIEER 2.0 POIO {WOMENS)- 3052279261 011.0013856 011.1050.52mm s 71.50 OGlo ENDURANCE CRUX SOFT SHELL (MENS) 3052279263 011.0013856 011.1060.520000 5 7r.50 oclo ENDURANCE CRUX SOFr 5H ELL 3052279263 011.0013856 (woMENS) o11.1O6O.52OmO s 71.50 OG|O ENOUnANCE CRUX 5OFr SHErr 3052279263 011.00138s6 (woMENs) 011.1060.520000 S 71.s0 OG|O ENDURANCE CRUX 5OFT sHErL 3032279263 011.0013855 (woMENs) 011.1060.s20000 5 53.96 S5lesTaxg.s% 3052279263 o7l25lzo\9 603s23 I 622.20 OOO317 - WEST COAST ARBORISTS, INC 011.1043.590000 S 62,L86.00 Tree Maintenance 011.1043.590000 5 3t,322.00 Tree Maintenance t48t92 148657 o7l2s/2079 503s24 5 93,s08.00 Printed: 7/31/2019 4:27 :].oPM Paee 56 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO.27 AUGUST 6,2Ot9 EARTY CHECKS IC@TIIT II{VOIGE PAII/IEIIT CHEq( NAYMEIIT VEI{DOR ITAME AIIO IIUi'IER UTilEN ^l/lOUl{I DESCRIPIIOI! lt{VIOIcl P.O' DAIt I{UM'EN AMOUIYI TOTAT EARTY CHECKS 5 577,857.71 Ptintedi 7 13L12079 4:27 :10PM Paee 57 of 58 CITY OF VERNON OPERATING ACCOUNT WARRANT REGISTER NO. 27 AUGUST 6,2019 RECAP BY FUND FUND ELECTRONIC TOTAL EARLY CHECK TOTAT WARRANT TOTAT GRAND TOTATS 011 - GENERAL O2O - WATER 055-LIGHT&POWER 055 . NATURAL GAS 057 - FIBER OPTIC GRAND TOTAT TOTAT CHECKS TO BE PRINTED O 2,495,130.54 s 27L,718.06 10,383,807.44 74,809.55 5,502.55 438,557.51 s 91,894.18 34,575.85 10,649.s5 2,L80.62 0.00 s 0.00 0.00 0.00 0.00 2,933,688.05 363,O72.24 10,418,383.29 85,459.10 7,783.78 13,230,468.15 s 577,857.7L s 0.00 s 13,808,325.85 P timed: 7 / 3 Ll 20L9 4:27 : l9P M Pase 58 of 58 s s City Council Agenda Item Report Agenda Item No. COV-365-2019 Submitted by: John Lau Submitting Department: City Council Meeting Date: August 6, 2019 SUBJECT Approval of RDA Obligation Retirement Account Warrant Register No. 54 Covering the Period of June 25 through July 29, 2019 Recommendation: A. Approve RDA Obligation Retirement Account Warrant Register No. 54 which totals $2,669.04 and consists of the following: 1) Ratification of electronic payments totaling $2,669.04. Background: Section 2.13 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared RDA Obligation Retirement Account Warrant Register No. 54 covering claims and demands presented during the period of June 25 through July 29, 2019, drawn, or to be drawn, from East West Bank for City Council approval. Fiscal Impact: None. ATTACHMENTS 1. RDA Obligation Retirement Fund Account Warrant Register No. 54 CITY OF VERNON RDA OBTIGATION RfiIREMENT ACCOUNT WARRANT REGISTER NO.54 AUGUST 6,2019 I hereby certify that claims and/or demands included in above listed warrant register have been audited for accuracy and availability of funds for payments and that said claims and/or demands are accurate and that the funds are available for o"t", 7/Gt./i nq This is to certify that the claims or demands covered by the above listed warrants have been audited by the City Council of the City of Vernon and that all of said warrants are approved for payments except Warrant Numbers: Ptinted: 7 l3ll20L9 1:48:09PM CITYOFVERNON RDA OBTIGATION RETIREMENT ACCOUNT WARRANT REGISTER NO. 54 AUGUST 6,2Ot9 ETECTRONIC l:i !,riiit.,:. .i'il:iitri.I 4C!BUI{! lx\,o{Gt i:i:li:irili:i:rr I , , :. , l;p-,{vrr!rnr PAYME T , ::::taI[i'!fIJ(ifilion i{aME Ato UMEEn , 1t,, . diiMirin aMoum odrirrmox ,.r r vbrcr p.o.r ' ixrE I{UMBtn a{oU# 005506- BESTBEST& KRIEGER, LLP O22-1O22.5942OO $ 1,290.00 Re: Redevelopment Advice 851509 o1h7/2079 34 $ 1,290.00 002114 - ORRICK, HERRINGTON & 022.7022.593200 S 1,379.04 ProfessionalServices SUTCLIFFE 1798351 o7/7l/20t9 3s s 7,379.04 TOTAL ETECTRONTC s 2,659.04 Ptinted: 7 /3112019 1:48:09PM PaEe 7 ot 2 CITY OF VERNON RDA OBTIGATION RETIREMENT ACCOUNT WARRANT REGISTER NO. 54 AUGUST 6,2019 RECAP BY FUND ETECTRONIC TOTAL EARTY CHECK TOTAT WARRANTTOTAT GRAND TOTALS 022 - VERNON REDEVELOPMENT AGENCY S 2,569.04 S o.oo S o.oo s 2,669.04 0.00 s 2,669.04GRAND TOTAL TOTAT CHECKS TO BE PRINTED O $ 2,669.04 s o.oo s Ptinted: 7 / 37/2079 1:48:09PM Pase 2 of 2 City Council Agenda Item Report Agenda Item No. COV-342-2019 Submitted by: Adriana Ramos Submitting Department: Fire Department Meeting Date: August 6, 2019 SUBJECT Fire Department Activity Report for the Period of July 1 through July 15, 2019 Recommendation: A. Receive and file. Background: Attached is a copy of the Vernon Fire Department Activity Report which covers the period of July 1, 2019 through July 15, 2019. This report covers hours for Fire Prevention, Training, Pre-Incident, Periodic Testing, Public Service Programs and Routine Maintenance. Fiscal Impact: None. ATTACHMENTS 1. Fire Department Activity Report - 07/01/19 to 07/15/19 ACTIVITY TYPE This Period Last Year This This Year FIRE PREVENTION:Last Year To Date Period To Date Regular Inspections (#):20 921 50 666 Re-Inspections (#):5 95 9 114 Spec. Haz. Inspections (#):1 25 0 14 Total Inspections: 26 1041 59 794 Total Staff Hours:35 1463 88 1219 PRE-INCIDENT (HOURS): This Period Last Year This This Year Last Year To Date Period To Date Planning 69 1193 96 1161 District Familiarization 84 1261 113 1170 Total Hours:153 2454 209 2331 PERIODIC TEST (HOURS): This Period Last Year This This Year Last Year To Date Period To Date Hose Testing 0 9 0 4 Pump Testing 0 27 0 17 Total Hours: 0 36 0 21 VERNON FIRE DEPARTMENT COMPANY ACTIVITIES July 1, 2019 to July 15, 2019 *Reduction in activity due to transitioning to electronic inspection reporting system. 0 200 400 600 800 1000 1200 Last Year To Date Period To Date This Period Last Year This This Year Annual Business Fire Inspections Page 1 TRAINING (HOURS): This Period Last Year This This Year Last Year To Date Period To Date Firefighting 99 1349 129 1540 Hazardous Materials 30 496 39 398 Safety 122 1666 106 1593 Apparatus Operations 118 1647 130 1652 Equipment Operations 126 1631 130 1634 CPR 0 47 5 25 First Aid 25 433 33 455 Total Hours:520 7269 572 7297 PUBLIC SERVICE PROGRAMS (HOURS): This Period Last Year This This Year Last Year To Date Period To Date School Programs 2 54 0 22 Fire Brigades 0 11 4 10 Emergency Preparedness 16 174 18 167 Total Hours:18 239 22 199 ROUTINE MAINTENANCE (HOURS): This Period Last Year This This Year Last Year To Date Period To Date Station 123 1499 128 1615 Apparatus 125 1513 126 1599 Equipment 125 1552 131 1618 Total Hours:373 4564 385 4832 Personnel Activity Total By Hours:1099 16025 1276 15899 129 39 106 130 130 5 33 572 Fire Training Hours Firefighting Hazardous Materials Safety Apparatus Operations Equipment Operations CPR First Aid Page 2 EMERGENCY RESPONSE ACTIVITY BY TYPE: This Period Last Year This This Year Last Year To Date Period To Date Fires 5 6 Overpressure rupture, explosion, overheat- No Fire 0 1 Rescue & Emergency Medical Service 28 38 Hazardous Condition (No Fire)4 6 Service Call 1 2 Good Intent Call 7 13 False Alarm & False Call 28 17 Severe Weather & Natural Disaster 0 0 Special Incident Type 1 1 TOTAL NUMBER OF INCIDENTS 74 0 84 0 7.14%6 1.19%1 45.24%38 :Fireactivity 7.14%6 2.38%2 15.48%13 20.24%17 0.00%0 1.19%1 100.00%84 7.14%6 1.19%1 45.24%38 7.14%6 2.38%2 15.48%13 20.24%17 0.00%0 1.19%1 100.00%84 Emergency Activity: July 1, 2019 to July 15, 2019 Emergency Activity: Fiscal Year 19/20 Page 3 City Council Agenda Item Report Agenda Item No. COV-187-2018 Submitted by: Lilia Hernandez Submitting Department: City Administration Meeting Date: August 6, 2019 SUBJECT Council Conference Attendance Report Recommendation: A. Find that receiving this Council Conference Attendance Report is exempt from California Environmental Quality Act ("CEQA") review, because it is an 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; and B. Receive and file. Background: Pursuant to Government Code Section 53232.3(d), members of legislative bodies are required to report on meetings attended at the expense of the agency or for which there has been expense reimbursement. The following report on a recent conference attended by members of the Vernon City Council is submitted in compliance with the aforementioned requirement. 2019 League of California Cities Mayors & Council Members Executive Forum Council Members William Davis and Carol Menke attended the 2019 League of California Cities Mayors & Council Members Executive Forum held at the Newport Beach Marriott from June 19-20, 2019. Session topics included: Hidden Costs of Tackling Homelessness, Applying Innovation To Do More With Less, Land Use & Planning, City Council Fair Process Requirements, Workforce Development & Youth Engagement, Economic Development, Assessing Performance, Strategies for Increasing Civic Engagement, and Mobility Strategies for City Hall Services. 2019 League of California Cities Advanced Leadership Workshops Council Member Carol Menke attended the 2019 League of California Cities Advanced Leadership Workshops held at the Newport Beach Marriott in Newport Beach, CA on June 21, 2019. Session topics included: City Finances, Cannabis Regulation and Leadership Seminars. 59th Annual Independent Cities Association Summer Seminar Council Member Carol Menke attended the Annual Independent Cities Association Summer Seminar held at the Park Hyatt Aviara Resort in Carlsbad, CA from July 11-14, 2019. Session topics included: Community Development, Pension Obligation Solutions, Affordable Housing, Census Count, Homelessness, and Economic Development. Fiscal Impact: The cost incurred by the City for City Council attendance of the conferences noted above including reimbursements is approximately $3,933. This amount is in line with the amount proposed in the 2019-20 fiscal year City Council budget. ATTACHMENTS  City Council Agenda Item Report Agenda Item No. COV-328-2019 Submitted by: Danita Robertson Submitting Department: Police Department Meeting Date: August 6, 2019 SUBJECT Vernon Police Department Activity Log and Statistical Summary for the period of June 16 through June 30, 2019 Recommendation: A. Receive and file. Background: The Vernon Police Department's activity report consists of activity during the specified reporting period, including a summary of calls for service, and statistical information regarding arrests, traffic collisions, stored and impounded vehicles, recovered stolen vehicles, the number of citations issued, and the number of reports filed. Fiscal Impact: None. ATTACHMENTS 1. Police Department Activity Report - 06/16/19 to 06/30/19 Type VERNON POLICE DEPARTMENT Department Activity Report Jurisdiction: First Date: Last Date: 06/16/2019 06/30/2019 Department All Units Primary Unit VERNON Description Complaint VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10, WASH, EQUIPMENT,ETC 133 123 10-96C 10-96 CHARLES (CITY HALL SECURITY CHECK)4 4 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 4 3 10-96M 10-96 MARY (MAIL DETAIL)5 4 140 SUPPLEMENTAL REPORT 8 5 20002 NON-INJURY HIT AND RUN 10 3 20002R NON-INJURY HIT AND RUN REPORT 14 10 211 ROBBERY 5 1 242R BATTERY REPORT 6 3 245 ASSAULT WITH A DEADLY WEAPON 7 2 245R ASSAULT WITH A DEADLY WEAPON REPORT 2 1 415 DISTURBING THE PEACE 8 3 451R ARSON REPORT 3 1 459 BURGLARY 17 3 459A AUDIBLE BURGLARY ALARM 177 92 459R BURGLARY REPORT 2 2 459S SILENT BURGLARY ALARM 4 1 459V BURGLARY TO A VEHICLE 4 1 459VR BURGLARY TO A VEHICLE REPORT 2 1 476R FRAUD REPORT 1 1 484 PETTY THEFT 4 2 484R PETTY THEFT REPORT 11 8 487R GRAND THEFT REPORT 5 4 586 PARKING PROBLEM 17 16 594 VANDALISM 11 3 594R VANDALISM REPORT 17 9 602 TRESPASS 25 9 901T INJURY TRAFFIC COLLISION 12 4 902T NON-INJURY TRAFFIC COLLISION 46 27 902TR NON-INJURY TRAFFIC COLLISION REPORT 4 2 909C TRAFFIC CONTROL 3 1 909T TRAFFIC HAZARD 5 4 911A CONTACT THE REPORTING PARTY 19 11 917A ABANDONED VEHICLE 1 1 925 SUSPICIOUS CIRCUMSTANCES 42 18 927 UNKNOWN TROUBLE 3 1 A484R ATTEMPT PETTY THEFT REPORT 5 2 ASTVFD ASSIST VERNON FIRE DEPARTMENT 14 9 BOSIG BROKEN SIGNAL OR LIGHT 2 1 BOVEH BROKEN DOWN VEHICLE 9 8 CITCK CITATION CHECK 4 3 COP COP DETAIL 11 8 DEAD ANIMAL DEAD ANIMAL FOR REMOVAL 1 1 DEMOSTRA DEMONSTRATION 6 5 DET DETECTIVE INVESTIGATION 24 9 DETAIL DETAIL 7 5 DPTAST DEPARTMENTAL ASSIST 11 4 1Page of 207/01/2019 08:29:36 Type VERNON POLICE DEPARTMENT Department Activity Report Jurisdiction: First Date: Last Date: 06/16/2019 06/30/2019 Department All Units Primary Unit VERNON Description Complaint VPD DUI DRIVING UNDER THE INFLUENCE 9 4 FILING OFFICER IS 10-6 REPORT WRITING 70 68 FOUND FOUND PROPERTY REPORT 6 2 FU FOLLOW UP 13 12 GTAR GRAND THEFT AUTO REPORT 4 3 HBC HAILED BY A CITIZEN 12 8 ID THEFT RPT IDENTITY THEFT REPORT 3 2 JAILPANIC TEST THE JAIL PANIC ALARM BUTTON 1 1 KTP KEEP THE PEACE 9 3 LOCATE LOCATED VERNON STOLEN VEHICLE 2 2 LPR LICENSE PLATE READER 7 4 PANIC ALARM PANIC ALARM/DURESS ALARM 4 1 PAPD PUBLIC ASSIST-POLICE 9 7 PATCK PATROL CHECK 183 166 PEDCK PEDESTRIAN CHECK 87 47 PLATE LOST OR STOLEN PLATES REPORT 2 2 PRSTRAN PRISONER TRANSPORTED 10 10 REC RECOVERED STOLEN VEHICLE 14 4 RECKLESS DRVRECKLESS DRIVING (23103)4 2 REPO REPOSSESSION 6 5 RR RAIL ROAD PROBLEM 2 1 SPEED SPEED CONTEST OR SPEEDING (23109)3 1 SRMET SRMET DETAIL 36 32 TRAFFIC STOP TRAFFIC STOP 137 105 VCK VEHICLE CHECK 89 64 VEH RELEASE VEHICLE RELEASE 1 1 WARRANT WARRANT ARREST 1 1 WELCK WELFARE CHECK 22 9 Department: 1481 1006 Overall: 1481 1006 2Page of 207/01/2019 08:29:36 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/16/201906/16/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906119075015 E DISTRICT BL, VERNONPATCK09:17:1706/16/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190924CA0197300VPDCERDA,EUGENIO*4010:10:3409:17:17VPDHERNANDEZ,MIGUEL,JR32E09:39:4610:31:1709:54:3520190611924E 30TH // SANTA FE AV, VERNONREC15:20:4806/16/2019VRECRPTDepartmentOCA NumberRMS JurisVPDCR20190925CA0197300VPDCAM,PATRICK*25W15:55:3615:22:13* Denotes Primary Unit1Pageof 106/17/201905:17:14 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/17/201906/17/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906119524979 52ND PL, VERNONVCK01:59:4906/17/20191015VSRPTDepartmentOCA NumberRMS JurisVPDCR20190926CA0197300VPDVELEZ,MARISSA*40E02:04:10 02:04:1104:11:4702:10:17VPDCORTEZ,JUSTIN20W02:05:0705:04:2302:05:06VPDMADRIGAL,MARIA3802:04:1603:51:2002:10:11VPDREYNA,JOSE S5D2302:21:4602:08:03VPDGAYTAN,LORENZO5D3102:21:4802:04:20VPDHERNANDEZ,EDWARD5D3202:21:5102:08:01VPDRAMOS,JOSE5D3502:21:5402:07:26VPDONOPA,DANIELS702:05:5103:51:2402:05:52USTOWUS TOW03:29:31 03:30:1304:26:1203:47:40201906119781926 E 51ST, VERNONVCK10:09:1506/17/2019VIRPTDepartmentOCA NumberRMS JurisVPDCR20190927CA0197300VPDCAM,PATRICK*2010:57:1310:09:15VPDCERDA,EUGENIO25W10:30:0810:57:1310:38:03MR C TOWMR C TO10:37:57 10:38:2010:57:1410:50:4720190611980E 51ST // SANTA FE AV, VERNONVCK11:00:5106/17/2019VIRPTDepartmentOCA NumberRMS JurisVPDCR20190928CA0197300VPDCERDA,EUGENIO*25W12:02:0211:00:51USTOWUS TOW11:02:36 11:07:0612:02:0311:21:52201906119822701 RANDOLPH, VERNON S/A 148DPTASTLETTY 55 YOA12:04:4106/17/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190929CA0197300VPDCERDA,PAUL,JR*32E12:05:36 12:06:0613:49:1112:06:05VPDCERDA,EUGENIO25W12:06:3312:47:3912:08:42VPDPEREZ,NICKL212:06:5412:47:4212:06:53201906119991Pageof 206/18/201905:01:06 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/17/201906/17/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906119994305 S SANTA FE AV, VERNONKTP17:38:5206/17/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190930CA0197300VPDPEREZ,NICK*L218:40:5017:40:47VPDCAM,PATRICK2018:07:33 18:40:5017:41:11VPDCERDA,PAUL,JR32E18:38:1417:43:54VPDMIRANDA,ANTHONYC117:42:5317:41:04VPDSANTOS,DANIELS118:40:5017:40:53201906120044305 S SANTA FE AV, VERNON911AASHLEY CASAREZ19:10:3906/17/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190931CA0197300VPDCHAVEZ,JERRY,JR*S119:11:4819:49:5019:16:09VPD32W19:30:0121:02:3219:31:22201906120104575 PACIFIC BL, VERNON459LITTLE JOHN REULAND21:41:5306/17/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190932CA0197300VPDVILLEGAS,RICHARD*32W21:42:4023:07:2021:45:13VPDVELEZ,MARISSA25W21:43:0922:59:2421:47:15VPDMADRIGAL,MARIA38E21:42:4222:58:2621:46:05VPDSWINFORD,PHILLIP40E21:42:4422:58:0821:45:23VPDCHAVEZ,JERRY,JRS121:42:4722:46:2921:45:31* Denotes Primary Unit2Pageof 206/18/201905:01:06 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/18/201906/18/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906120375050 S SANTA FE AV, VERNON594RROGERS POULTRY08:38:3206/18/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190933CA0197300VPDVALENZUELA,FERNANDO*25E08:41:31 08:41:3109:09:29201906120434355 FRUITLAND AV, VERNON140WIPER CENTRAL09:54:0206/18/2019RPTASSTVPDZOZAYA,OSCAR*32E09:55:35 09:56:0011:24:1010:13:25VPDVALENZUELA,FERNANDO25E10:53:4210:39:49VPDMARTINEZ,GABRIELS511:24:1011:02:22201906120484305 S SANTA FE AV, VERNONSRMET11:04:4306/18/2019METRPTDepartmentOCA NumberRMS JurisVPDCR20190935CA0197300VPDMIRANDA,ANTHONY*C112:00:2011:04:43VPDVALENZUELA,FERNANDO25E11:04:4911:29:0811:15:00VPDCERDA,EUGENIOMET111:14:2712:35:2511:26:4820190612055S ATLANTIC BL // DISTRICT BL, VERNON20002RGEORGE SOTO12:04:3806/18/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190934CA0197300VPDZOZAYA,OSCAR*32E12:07:47 12:07:4813:47:4412:13:42201906120574553 SEVILLE AV, VERNON487RELECOCO12:17:3106/18/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190936CA0197300VPDHERNANDEZ,MIGUEL,JR*38W12:19:51 12:19:5313:19:1512:23:13201906120635415 S SANTA FE AV, VERNON484RSC FUEL14:05:5806/18/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190937CA0197300VPDCERDA,PAUL,JR*40W14:43:2114:07:331Pageof 206/19/201900:02:47 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/18/201906/18/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906120684010 E 26TH, VERNONREPOUNK15:40:5606/18/2019REPODepartmentOCA NumberRMS JurisVPDCR20190938CA0197300VPDRECORDS BUREAU*RECD18:09:3315:41:50201906120853257 E 26TH, VERNON594RM TEXTILE22:20:3706/18/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190939CA0197300VPDMADRIGAL,MARIA*38W22:22:34 22:23:1023:32:5322:28:12VPDVILLEGAS,RICHARD31E22:32:1523:19:27VPDQUINONES,ANA32E22:28:4823:32:5622:36:01VPDSWINFORD,PHILLIP40W22:22:37 22:23:1623:21:5222:27:14VPDONOPA,DANIELS722:23:4823:16:0422:29:13* Denotes Primary Unit2Pageof 206/19/201900:02:47 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/19/201906/19/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906120983031 E VERNON AV, VERNON484RAMPM02:04:5606/19/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190940CA0197300VPDSWINFORD,PHILLIP*40W02:09:29 02:10:0002:29:3402:13:28VPDMADRIGAL,MARIA38W02:15:0902:29:30201906121224401 DOWNEY RD, VERNON487RGOLDEN WEST TRADING08:28:0606/19/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190941CA0197300VPDESCOBEDO,ALEXY*41E08:32:32 08:32:5008:37:31VPDDOCHERTY,MICHAEL40E08:33:2909:33:0408:45:5420190612141749 E 111TH PL, LOS ANGELESLOCATEKELMARK TOW12:18:5506/19/2019VOIDVRECDepartmentOCA NumberRMS JurisVPDCR20190942CA0197300VPDRECORDS BUREAU*RECD13:05:1712:19:46201906121452550 S ALAMEDA, VERNONREPOCARS INC12:57:0306/19/2019REPODepartmentOCA NumberRMS JurisVPDCR20190943CA0197300VPDRECORDS BUREAU*RECD13:59:5613:05:23201906121467022 PACIFIC BL, VERNON902TPACHECHO/HPPD12:59:2206/19/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190944CA0197300VPDZOZAYA,OSCAR*31W13:00:10 13:00:2413:36:2513:10:00201906121503200 E SLAUSON AV, VERNON594RPOPCORNOPOLIS14:14:5906/19/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190945CA0197300VPDESCOBEDO,ALEXY*41E14:16:11 14:16:2814:16:50VPDDOCHERTY,MICHAEL40E14:16:4915:05:0114:25:52201906121641Pageof 206/20/201905:02:35 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/19/201906/19/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906121642334 E VERNON AV, VERNON41520:55:4906/19/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190946CA0197300VPDQUINONES,ANA*41W20:56:4821:31:4921:01:57VPDVASQUEZ,LUIS25E21:02:5021:23:5521:07:19VPDHERRERA,GUSTAVOS620:56:5021:31:5020:59:50* Denotes Primary Unit2Pageof 206/20/201905:02:35 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/20/201906/20/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906121724561 LOMA VISTA AV, VERNONREPOGLENN ROSE MEAT01:38:2206/20/2019REPODepartmentOCA NumberRMS JurisVPDCR20190947CA0197300VPDDISPATCH*DISP01:53:0801:52:46VPDRECORDS BUREAURECD02:08:5201:53:0620190612175SIERRA PINE // BANDINI, VERNONPEDCK02:10:5106/20/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190948CA0197300VPDHERRERA,GUSTAVO*S602:41:0602:10:51VPDVASQUEZ,LUIS25E02:20:1802:37:2202:23:59VPDMADRIGAL,MARIA3802:41:0802:10:54VPDQUINONES,ANA41W03:17:3002:32:30201906121941999 E 25TH, VERNON602UNION PACIFIC/NICK09:00:0106/20/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20190949CA0197300VPDGODOY,RAYMOND*4009:02:5212:10:1709:13:14VPDESCOBEDO,ALEXY26E09:58:3509:08:16VPDMARTINEZ,GABRIELS509:03:1109:44:4109:08:1220190612199SEVILLE AV // VERNON AV, VERNON902T10:45:4706/20/2019RPTCITEDepartmentOCA NumberRMS JurisVPDCR20190950CA0197300VPDESCOBEDO,ALEXY*26E10:48:13 10:49:4211:24:1210:55:38VPDDOCHERTY,MICHAEL41W10:50:5911:24:1210:52:32201906122034920 S SOTO, VERNONGTAR12:38:1706/20/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190951CA0197300VPD DOCHERTY,MICHAELEL*41W12:40:09 12:42:2813:45:0412:50:19201906122081Pageof 206/21/201904:10:04 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/20/201906/20/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906122083751 SEVILLE AV, VERNONFOUNDFASHION NOVA13:50:3806/20/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190952CA0197300VPDGODOY,RAYMOND*4014:00:32 14:00:3315:00:1914:12:00201906122163137 E 26TH, VERNON20002R15:38:1706/20/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190953CA0197300VPDGODOY,RAYMOND*4015:52:0016:50:2716:00:14201906122214329 BANDINI BL, VERNON602PADDED WAGON18:59:4906/20/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190955CA0197300VPDHERRERA,GUSTAVO*S619:03:5919:08:33VPDLUCAS,JASON25W19:06:4219:10:12VPDOURIQUE,CARLOS/REDONA,BRYAN26W20:14:3919:21:06VPD4119:10:2419:22:5219:13:55201906122234455 FRUITLAND AV, VERNONA484RPRINCESS PAPER19:13:0206/20/2019RPT1015VSDepartmentOCA NumberRMS JurisVPDCR20190954CA0197300VPDESCOBEDO,ALEXY*26E20:18:4421:25:5719:13:02VPDLUCAS,JASON25W19:19:0921:46:4319:48:09VPD26W19:21:0319:17:33VPDHERRERA,GUSTAVOS620:04:3221:15:5819:41:5020190612237RANDOLPH // BOYLE AV, VERNONPATCK23:03:2106/20/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190956CA0197300VPDOURIQUE,CARLOS/REDONA,BRYAN*26E23:37:1523:03:21* Denotes Primary Unit2Pageof 206/21/201904:10:04 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/21/201906/21/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906122464800 E 49TH, VERNONPEDCK00:25:3106/21/2019RPT1015VPDOURIQUE,CARLOS/REDONA,BRYAN*26E01:08:4700:25:31VPDVASQUEZ,LUIS4100:50:2800:38:33201906122562820 S SOTO, VERNONPATCK03:48:3406/21/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190957CA0197300VPDOURIQUE,CARLOS/REDONA,BRYAN*26E04:31:5003:48:35201906122632716 LEONIS BL, VERNON594RCHAMBER OF COMMERCE06:38:3006/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190958CA0197300VPDLUCAS,JASON*25W06:40:14 06:40:2307:17:4106:42:32VPDNEWTON,TODD/GODOY,RAYMOND3206:54:53 06:54:5706:55:13VPDDOCHERTY,MICHAEL41W06:55:1107:17:4207:12:26201906122765100 S DISTRICT BL, VERNON459RPGB HOLDING10:18:4006/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190959CA0197300VPDCERDA,EUGENIO*40E10:20:23 10:21:2511:19:4110:30:0720190612278S SOTO // BANDINI BL, VERNON901T10:40:4906/21/2019RPTORDepartmentOCA NumberRMS JurisVPDCR20190960CA0197300VPDDOCHERTY,MICHAEL*41W10:42:49 10:44:2311:40:4110:45:4020190612289E 38TH // ALAMEDA, VERNONTRAFFIC STOP13:55:1206/21/2019VIRPTCITEDepartmentOCA NumberRMS JurisVPDCR20190961CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*3214:43:2413:55:12VPDCERDA,EUGENIO40E14:01:3814:43:2414:14:241Pageof 306/22/201901:20:00 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/21/201906/21/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906122902100 E 55TH, VERNON594RPREFERRED FREEZER14:24:0306/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190962CA0197300VPDDOCHERTY,MICHAEL*41W14:46:21 14:57:0015:32:2815:00:0020190612295E 26TH // SANTA FE AV, VERNON902T15:47:2106/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190963CA0197300VPDDOCHERTY,MICHAEL*41W15:51:1316:21:0515:56:4520190612296E 37TH // SOTO, VERNON902T15:59:5006/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190964CA0197300VPDNEWTON,TODD/GODOY,RAYMOND*3216:00:57 16:01:0816:39:1916:06:55VPDCERDA,EUGENIO40E16:02:3816:22:2916:06:57201906122975275 S DISTRICT BL, VERNON484RMAKESPACE16:09:1106/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190965CA0197300VPDCERDA,EUGENIO*40E16:37:59 16:38:0917:05:2216:48:30201906123005353 DOWNEY RD, VERNON20002RJ AND J SNACK FOODS18:15:4606/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190966CA0197300VPDCERDA,EUGENIO*40E18:17:33 18:17:5919:07:3918:26:58201906123102050 E 38TH, VERNON602SWEETNER PRODUCTS20:01:3906/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190967CA0197300VPDCORTEZ,JUSTIN*38W20:03:05 20:03:4420:03:57VPDOURIQUE,CARLOS/REDONA,BRYAN31W20:03:07 20:03:5321:05:4620:08:34VPDSANTOS,DANIELS120:21:0420:06:102Pageof 306/22/201901:20:00 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/21/201906/21/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906123295400 S SOTO, VERNON59422:13:3606/21/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190968CA0197300VPDCORTEZ,JUSTIN*38W22:14:45 22:14:5223:16:5122:20:44VPDLUCAS,JASON25E22:14:47 22:14:5023:16:5622:22:40VPDVASQUEZ,LUIS26E23:57:1822:21:10VPDOURIQUE,CARLOS/REDONA,BRYAN31W22:15:3623:16:5322:18:0020190612333E VERNON AV // ALAMEDA, VERNONTRAFFIC STOP23:22:4806/21/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190969CA0197300VPDOURIQUE,CARLOS/REDONA,BRYAN*31W01:11:5723:22:48VPDVASQUEZ,LUIS26E00:28:0123:57:2420190612334S SANTA FE AV // 51ST, VERNON902T23:48:2606/21/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190970CA0197300VPDCORTEZ,JUSTIN*38W23:49:19 23:50:3200:28:1923:52:06VPDLUCAS,JASON25E23:49:5400:28:1723:52:09* Denotes Primary Unit3Pageof 306/22/201901:20:00 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/22/201906/22/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906123382801 E 46TH, VERNON594RFASHION NOVA00:57:4506/22/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190971CA0197300VPDLUCAS,JASON*25E01:21:42 01:21:4301:22:03VPDOURIQUE,CARLOS/REDONA,BRYAN31W01:22:0101:40:3501:24:2920190612346ALAMEDA // 22, VERNONTRAFFIC STOP01:55:0306/22/2019RPT1015VOIDDepartmentOCA NumberRMS JurisVPDCR20190972CA0197300VPDCR20190974CA0197300VPDSANTOS,DANIEL*S102:03:4801:55:03VPDZOZAYA,OSCAR/VELEZ,MARISSAT801:55:07 01:55:2902:56:57 04:04:4502:03:5220190612347DOWNEY RD // EXCHANGE AV, VERNONPEDCK02:35:3806/22/2019RPTCITYDepartmentOCA NumberRMS JurisVPDCR20190973CA0197300VPDCR20190975CA0197300VPDCORTEZ,JUSTIN*38W03:15:5702:35:39VPDLUCAS,JASON25E02:35:4103:03:3302:38:09VPDVASQUEZ,LUIS26E03:40:4302:38:21VPDOURIQUE,CARLOS/REDONA,BRYAN31W02:35:4403:40:4002:38:43VPDSANTOS,DANIELS103:15:4702:47:1220190612362S ALAMEDA // VERNON AV, VERNON20002R08:26:5506/22/2019RPTNRDVOIDDepartmentOCA NumberRMS JurisVPDCR20190977CA0197300VPDLANDA,RAFAEL*41W08:56:3708:26:55201906123636180 ALCOA AV, VERNONVCK08:29:1606/22/2019VSDepartmentOCA NumberRMS JurisVPDCR20190976CA0197300VPDCAM,PATRICK*25E08:46:4908:29:171Pageof 206/23/201902:07:15 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/22/201906/22/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906123786208 PACIFIC BL, VERNON20002R11:57:3906/22/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190978CA0197300VPDCAM,PATRICK*25E12:00:23 12:00:2313:29:3112:18:29VPDCERDA,EUGENIO40W12:22:0313:22:5812:23:06201906123834460 PACIFIC BL, VERNON459VRPABCO PAPER14:30:5706/22/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190979CA0197300VPDCAM,PATRICK*25E14:59:55 14:59:5615:55:1115:06:11VPDCERDA,EUGENIO40W15:48:5515:34:3920190612399FRUITLAND AV // PACIFIC BL, VERNONPEDCK20:43:5506/22/20191015VPDOURIQUE,CARLOS/REDONA,BRYAN*31W22:14:0320:43:55VPDLUCAS,JASON2620:50:19 20:54:3921:14:2820:54:39201906124072221 E 55TH, VERNON602OCHOA STREET DEPT23:00:3006/22/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190980CA0197300VPDLUCAS,JASON*2623:01:2600:20:1223:05:06VPDOURIQUE,CARLOS/REDONA,BRYAN31W23:03:4000:28:1023:05:45VPDCORTEZ,JUSTIN32E23:01:27 00:28:1200:41:4623:05:07* Denotes Primary Unit2Pageof 206/23/201902:07:15 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/23/201906/23/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190612431BANDINI BL // INDIANA, VERNON902TR05:15:0406/23/2019RPTVSDepartmentOCA NumberRMS JurisVPDCR20190981CA0197300VPDCORTEZ,JUSTIN*32E05:16:15 05:17:4206:22:1205:20:01VPDVELEZ,MARISSA2605:17:1406:04:1405:20:00VPDOURIQUE,CARLOS/REDONA,BRYAN31W05:20:3105:34:3405:22:53USTOWUS TOW05:40:29 05:40:5706:04:1605:50:31201906124604825 E DISTRICT BL, VERNON S/A B459STORGOM VINTAGE TRADING15:16:1506/23/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190982CA0197300VPDVALENZUELA,FERNANDO*32E15:18:49 15:18:5018:51:0215:22:29VPDCAM,PATRICK25W15:19:5418:13:0315:27:03VPDCERDA,EUGENIO4115:29:2718:14:4215:32:12VPDSANTOS,DANIELS118:14:4715:42:1520190612463PACIFIC BL // SANTA FE AV, VERNONDUI17:38:5306/23/2019HPPDCITYRPTDepartmentOCA NumberRMS JurisVPDCR20190983CA0197300VPDCAM,PATRICK*25W18:13:0418:37:0318:17:01201906124643676 E WASHINGTON BL, VERNON901TVFD18:33:1206/23/2019RPTVSDepartmentOCA NumberRMS JurisVPDCR20190984CA0197300VPDCERDA,EUGENIO*4118:33:20 18:33:4819:50:0218:37:09VPDCAM,PATRICK25W18:37:0819:45:2118:51:11VPDCORTEZ,JUSTIN26W19:45:2419:08:26VPDVALENZUELA,FERNANDO32E19:05:1719:30:13VPDVELEZ,MARISSA40E19:05:5819:45:5219:07:19MR C TOWMR C TO19:10:20 19:11:1019:45:1619:21:39201906124751Pageof 206/24/201900:41:29 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/23/201906/23/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190612475GIFFORD AV // DISTRICT BL, VERNON911A22:13:1506/23/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20190985CA0197300VPDVELEZ,MARISSA*40E22:14:55 22:16:1500:34:0022:18:18VPDOURIQUE,CARLOS/REDONA,BRYAN3122:16:3723:29:1222:20:41* Denotes Primary Unit2Pageof 206/24/201900:41:29 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/24/201906/24/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190612478S SOTO // 26TH, VERNONWELCKMETRO01:10:4206/24/2019RPT1015VIDepartmentOCA NumberRMS JurisVPDCR20190986CA0197300VPDVELEZ,MARISSA*40E01:11:50 01:13:3702:10:1501:16:41VPDCORTEZ,JUSTIN26W01:17:2601:25:3701:19:00VPDOURIQUE,CARLOS3101:11:51 01:13:5602:43:3801:17:08VPDSANTOS,DANIELS101:29:3301:15:28USTOWUS TOW01:51:46 01:52:2702:19:4602:03:20201906124863275 E VERNON AV, VERNON20002HORMEL FOODS CORPORATION AND ITS04:08:1806/24/2019RPTORDepartmentOCA NumberRMS JurisVPDCR20190987CA0197300VPDVELEZ,MARISSA*40E04:10:21 04:10:2504:58:4304:11:49VPDCORTEZ,JUSTIN26W04:39:1304:11:46VPDVILLEGAS,RICHARD4104:10:24 04:10:2604:53:4004:11:47MR C TOWMR C TO04:15:47 04:16:3404:56:3504:22:28VPDSANTOS,DANIELS104:11:0104:31:3804:14:46201906125052838 LEONIS BL, VERNON594RPRICE ZONE08:54:3006/24/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190988CA0197300VPDCERDA,PAUL,JR*40E08:56:4609:19:5009:01:5920190612528E SLAUSON AV // BOYLE AV, VERNON2000214:11:3206/24/2019VICPARPTDepartmentOCA NumberRMS JurisVPDCR20190989CA0197300VPDCERDA,PAUL,JR*40E14:12:54 14:13:2415:02:4814:20:24VPDVALENZUELA,FERNANDO32E14:13:4015:02:1714:16:46VPDENCINAS,ANTHONY41W14:16:1114:39:33MR C TOWMR C TO14:29:55 14:31:2715:02:4814:39:05* Denotes Primary Unit1Pageof 106/25/201905:13:24 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/25/201906/25/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906125629613 JUNIPER, LYNWOODLOCATEINTERNATIONAL TOWING04:47:0906/25/2019VREC201906125842939 S SUNOL DR, VERNONREPOGREENLAND09:45:4306/25/2019REPODepartmentOCA NumberRMS JurisVPDCR20190990CA0197300VPDRECORDS BUREAU*RECD09:55:2509:48:18201906125942104 E 57TH, VERNONID THEFT RPTSCALA LUXURY11:25:4106/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190991CA0197300VPDZOZAYA,OSCAR/ENCINAS,ANTHONY*32W11:27:24 11:27:5011:52:28201906125975151 ALCOA AV, VERNONGTARROSE AND SHORE11:50:2006/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190992CA0197300VPDVALENZUELA,FERNANDO*26E11:53:3011:55:15VPDCERDA,PAUL,JR31E12:49:4811:55:1320190612605SEVILLE AV // VERNON AV, VERNON901TCHP14:14:5706/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190993CA0197300VPDVALENZUELA,FERNANDO*26E14:15:3515:50:4514:21:35VPDCERDA,PAUL,JR31E15:33:5414:23:56MR C TOWMR C TO14:42:37 14:42:3915:50:4614:51:57VPDMARTINEZ,GABRIELS515:50:4714:16:45201906126116118 ALCOA AV, VERNON20002RTHERMO KING15:32:4906/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190994CA0197300VPDCERDA,PAUL,JR*31E15:33:5716:32:1816:30:16VPDVALENZUELA,FERNANDO26E16:32:1715:55:011Pageof 206/26/201905:59:07 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/25/201906/25/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906126153049 E VERNON AV, VERNON484RFARMER JOHN16:33:0406/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190995CA0197300VPDVALENZUELA,FERNANDO*26E16:38:08 16:38:3117:38:0516:42:57201906126212000 E 49TH, VERNON487RAAA PACKING AND SHIPPING18:20:1006/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190996CA0197300VPDZOZAYA,OSCAR/ENCINAS,ANTHONY*32W18:47:5518:24:23201906126224825 E DISTRICT BL, VERNON S/A B B/F B459TORGOM VINTAGE TRADING CO19:04:4806/25/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190997CA0197300VPDONOPA,DANIEL*S719:11:5622:37:1319:17:37VPDVILLEGAS,RICHARD2622:32:2419:14:02VPDMADRIGAL,MARIA31E19:14:1622:38:2919:15:16VPDQUINONES,ANA32W22:23:5319:16:18VPDHERRERA,GUSTAVOS619:26:1522:34:0519:31:55* Denotes Primary Unit2Pageof 206/26/201905:59:07 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/26/201906/26/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906126544510 SEVILLE AV, VERNON459COOPERS COLD08:32:1406/26/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190998CA0197300VPDZOZAYA,OSCAR*26W08:34:34 08:34:5910:13:3808:41:36VPDCERDA,PAUL,JR31W08:35:1709:15:0708:41:34VPDDOCHERTY,MICHAEL32E09:04:1308:46:50VPDESCOBEDO,ALEXY/LANDA,RAFAEL40E09:04:1708:51:36VPDENCINAS,ANTHONY4108:34:36 08:35:0109:18:1108:35:57VPDREYNA,JOSE S5D2309:36:0110:13:1809:47:19VPDCROSS,JEREMY5D3009:35:5410:13:1509:47:25201906126743305 BANDINI BL, VERNON902T11:36:3506/26/2019RPTDepartmentOCA NumberRMS JurisVPDCR20190999CA0197300VPDDOCHERTY,MICHAEL*32E11:37:36 11:37:4812:30:2711:45:52VPDCERDA,PAUL,JR31W11:46:0611:51:46USTOWUS TOW11:47:47 11:48:0212:30:2711:58:45201906126785151 ALCOA AV, VERNON911AROSE AND SHORE12:34:4706/26/2019RPTDepartmentOCA NumberRMS JurisVPDCR20191000CA0197300VPDDOCHERTY,MICHAEL*32E12:38:06 12:39:1716:13:4212:50:0620190612694S SOTO // LEONIS BL, VERNONREC17:00:5006/26/20191015RPTVRECDepartmentOCA NumberRMS JurisVPDCR20191001CA0197300VPDCERDA,PAUL,JR*31W18:30:5017:00:55VPDZOZAYA,OSCAR26W17:02:2818:07:1417:03:17VPDVASQUEZ,LUIS32E19:39:3119:07:14VPDESCOBEDO,ALEXY/LANDA,RAFAEL40E17:02:0718:47:26 19:19:1918:30:1517:19:15VPDENCINAS,ANTHONY4117:01:5218:47:18 19:11:4218:34:1317:03:27MR C TOWMR C TO18:20:5019:57:3718:27:30VPDESTRADA,IGNACIOS318:38:5717:01:471Pageof 206/27/201905:18:28 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/26/201906/26/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190612694S SOTO // LEONIS BL, VERNONREC17:00:5006/26/20191015RPTVRECDepartmentOCA NumberRMS JurisVPDCR20191001CA0197300VPDMARTINEZ,GABRIELS518:37:2417:01:4820190612696E DISTRICT BL // MAYWOOD AV, VERNON902T17:57:1506/26/2019RPTDepartmentOCA NumberRMS JurisVPDCR20191002CA0197300VPDDOCHERTY,MICHAEL*32E18:05:4418:46:0418:08:00201906127063042 RANDOLPH, HUNTINGTON PARKDPTASTHPPD20:58:1306/26/2019ASSTHPPNRPTDepartmentOCA NumberRMS JurisVPDCR20191003CA0197300VPDVASQUEZ,LUIS*32E21:00:1321:19:5321:04:13VPDQUINONES,ANA40E21:00:1521:19:5321:04:39VPDONOPA,DANIELS721:00:5821:15:3421:13:0420190612709S ATLANTIC BL // DISTRICT BL, VERNON24521:26:3106/26/2019RPTDepartmentOCA NumberRMS JurisVPDCR20191004CA0197300VPDVASQUEZ,LUIS*32E21:27:3422:30:3421:28:50VPDMADRIGAL,MARIA31W21:34:1122:26:3521:34:46VPDQUINONES,ANA40E21:30:0422:27:2521:37:42VPDSWINFORD,PHILLIP41W21:29:0622:30:3421:37:43VPDONOPA,DANIELS721:32:2422:26:0021:40:4520190612714STAFFORD // RANDOLPH, HUNTINGTON PARKWARRANTHPPD23:43:4506/26/20191015VPDSWINFORD,PHILLIP*41W23:44:0500:20:1923:52:26* Denotes Primary Unit2Pageof 206/27/201905:18:28 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/27/201906/27/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906127543030 S ATLANTIC BL, VERNONTRAFFIC STOP10:55:2306/27/2019VSDepartmentOCA NumberRMS JurisVPDCR20191005CA0197300VPDNEWTON,TODD*31E11:47:3610:55:26VPDESCOBEDO,ALEXY40W10:55:3611:47:3611:04:06USTOWUS TOW11:20:45 11:20:4911:47:3711:39:05201906127562600 E 28TH, VERNONFOUNDFED EX GROUND11:59:4306/27/2019RPTDepartmentOCA NumberRMS JurisVPDCR20191006CA0197300VPDDOCHERTY,MICHAEL*32W12:01:41 12:01:4312:19:1112:14:40VPDLANDA,RAFAEL4112:16:3412:29:23VPDGAYTAN,LORENZO5D3112:18:4212:18:11VPDHERNANDEZ,EDWARD5D3212:18:4512:18:14VPDRAMOS,JOSE5D3512:18:3412:18:16* Denotes Primary Unit1Page of 107/01/201911:25:10 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/28/201906/28/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene201906128322319 E 37TH, VERNONREPOGOLDEN CROWN09:35:0206/28/2019REPODepartmentOCA NumberRMS JurisVPDCR20191007CA0197300VPDRECORDS BUREAU*RECD10:35:3409:38:2920190612850PACIFIC BL // SANTA FE AV, VERNONREC15:31:3306/28/2019VRECDepartmentOCA NumberRMS JurisVPDCR20191008CA0197300VPDCERDA,EUGENIO*25E15:34:3916:50:0915:36:56VPDESCOBEDO,ALEXY40W15:34:4016:50:0915:54:36VPDLANDA,RAFAEL41E16:50:0915:50:34VPDSANTOS,DANIELS215:35:3816:44:2320190612860S SANTA FE AV // 54TH, VERNONPEDCK20:34:4006/28/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20191009CA0197300VPDOURIQUE,CARLOS/REDONA,BRYAN*41W21:25:3320:34:40VPDCORTEZ,JUSTIN20W20:45:1820:57:1020:49:11201906128643200 E 50TH, VERNONVCK21:04:4806/28/20191015RPTDepartmentOCA NumberRMS JurisVPDCR20191010CA0197300VPDCORTEZ,JUSTIN*20W22:33:1221:04:48VPDVASQUEZ,LUIS40E21:16:5722:17:4221:18:3320190612877PACIFIC BL // 45TH, VERNONPATCK23:49:3006/28/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20191011CA0197300VPDOURIQUE,CARLOS/REDONA,BRYAN*41W00:17:5523:49:30VPDCORTEZ,JUSTIN20W00:17:5523:50:29VPDLUCAS,JASON32E23:50:0100:17:21VPDVASQUEZ,LUIS40E00:03:1923:50:28* Denotes Primary Unit1Pageof 106/29/201902:08:06 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/29/201906/29/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190612886DOWNEY RD // LEONIS BL, VERNONVCK03:02:5206/29/2019RPT1015VIDepartmentOCA NumberRMS JurisVPDCR20191012CA0197300VPDVASQUEZ,LUIS*40E04:01:2203:02:52VPDCORTEZ,JUSTIN20W03:09:1503:03:46VPDLUCAS,JASON32E03:02:56 03:02:5703:10:01VPDOURIQUE,CARLOS/REDONA,BRYAN41W03:02:5904:21:5303:05:42201906129032141 E 51ST, VERNON242RGM DISTRIBUTION09:13:0206/29/2019RPTDepartmentOCA NumberRMS JurisVPDCR20191013CA0197300VPDCERDA,EUGENIO*4109:15:58 09:15:5910:29:0309:21:45VPDCAM,PATRICK25W09:23:1810:29:0209:32:02VPDSANTOS,DANIELS210:29:0309:27:3420190612908PARAMOUNT // IMPERIAL, DOWNEYLOCATEDOWNEY PD12:24:3306/29/2019VRECVPDDISPATCH*DISP12:47:1312:29:33201906129123365 E 26TH, VERNON20002RROBERTSONS READY MIX15:43:3006/29/2019RPTVIDepartmentOCA NumberRMS JurisVPDCR20191014CA0197300VPDCAM,PATRICK*25W15:47:12 15:47:1216:44:3715:52:10VPDCERDA,EUGENIO4115:48:0816:43:0315:52:1220190612925S SANTA FE AV // 54TH, VERNONTRAFFIC STOP21:06:5106/29/2019RPT1015VSDepartmentOCA NumberRMS JurisVPDCR20191015CA0197300VPDCORTEZ,JUSTIN*20W22:02:3521:06:51VPDOURIQUE,CARLOS/REDONA,BRYAN4021:07:01 21:07:1021:52:1921:13:151Pageof 206/30/201900:38:28 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/29/201906/29/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190612939E 26TH // MINERVA, VERNONREC23:30:2006/29/2019VRECDepartmentOCA NumberRMS JurisVPDCR20191016CA0197300VPDCHAVEZ,JERRY,JR*S123:48:0723:30:20VPDOURIQUE,CARLOS/REDONA,BRYAN4023:30:23 23:30:2300:03:2323:36:18* Denotes Primary Unit2Pageof 206/30/201900:38:28 VERNON POLICE DEPARTMENTCall Log Report Type All Unit Times and Location with OCA'sJurisdiction:First Date:Last Date:06/30/201906/30/2019Call Number DispTenCodeCaller AddressOfficerUnitDepUnit Time DispatchEnrouteDepartArriveRemoveCompVERNONReceivedComplaint OnScene20190612963E SLAUSON AV // ALCOA AV, VERNONPEDCK03:39:3806/30/2019RPT1015DepartmentOCA NumberRMS JurisVPDCR20191017CA0197300VPDCORTEZ,JUSTIN*20W04:41:4803:39:38VPDVELEZ,MARISSA25E03:39:5303:54:4803:41:3820190613000HPPD OPER 5525 S SOTO, VERNON451R16:18:5406/30/2019VIRPTDepartmentOCA NumberRMS JurisVPDCR20191018CA0197300VPDCERDA,EUGENIO*4116:21:5317:28:1216:24:17VPDCAM,PATRICK25E16:23:3917:28:1116:26:43VPDVALENZUELA,FERNANDO32W16:23:3817:28:1116:25:39201906130103050 LEONIS BL, VERNON594RMETAL PRODUCTS19:57:4406/30/2019RPTDepartmentOCA NumberRMS JurisVPDCR20191019CA0197300VPDVELEZ,MARISSA*25E19:59:29 19:59:2920:17:4620:02:5320190613016ATLANTIC//BANDINI, VERNON245R21:50:2806/30/2019RPTDepartmentOCA NumberRMS JurisVPDCR20191020CA0197300VPDZOZAYA,OSCAR*32W21:57:35 21:57:3622:41:4022:07:49VPDCHAVEZ,JERRY,JRS122:31:0122:15:23201906130173030 S ATLANTIC BL, VERNONBOVEHPASSER BY21:58:0206/30/2019CITEVSDepartmentOCA NumberRMS JurisVPDCR20191021CA0197300VPDZOZAYA,OSCAR*32W23:18:3722:41:43* Denotes Primary Unit1Pageof 107/01/201904:30:05 City Council Agenda Item Report Agenda Item No. COV-357-2019 Submitted by: Joanna Torres Submitting Department: Public Utilities Meeting Date: August 6, 2019 SUBJECT Allowed Pumping Allocation Lease with the City of Long Beach Recommendation: A. Find that approval of the proposed action 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 § 15378. B. Approve a lease of 1,000 acre-feet of Allowed Pumping Allocation from the City of Long Beach for fiscal year 2018-2019; and C. Approve a lease of 1,000 acre-feet of Allowed Pumping Allocation to the City of Long Beach for fiscal year 2019-2020; and D. Authorize the City Administrator to execute the Water Rights License and Agreements for the abovementioned leases with the City of Long Beach. Background: The City of Vernon (“Vernon”) overlies the Central Basin (“Basin”) in southeast Los Angeles County. More than sixty years ago, groundwater overdraft and declining water levels in the Basin threatened the area’s groundwater supply and caused the intrusion of sea water into the southern part of the Basin. Legal action and adjudication of water rights halted the overdraft and helped to prevent further damage to the Basin. Central Basin groundwater extraction is now limited to the amounts set by Superior Court Judgment (“Court”) and is monitored by a Court-appointed Watermaster. The Judgment limits the amount of groundwater each party may extract annually from the Basin. The annual Allowed Pumping Allocation (APA) for Vernon is 7,539 acre-feet. The Judgment contains a provision which allows each party to carry over a portion of its unused APA into the succeeding year. APA transfers can occur via sale or yearly leases. Leases must be executed by the parties and received by the Watermaster by August 15th. City of Long Beach (“Long Beach”) staff reached out to Vernon staff seeking assistance with a transfer of rights for fiscal year (FY) 2018-2019. Long Beach’s carryover account is at capacity and, as a result, Long Beach will “lose” any rights for FY 2018-2019 that it is unable to carry over into FY 2019-2020. In order to avoid losing rights, Long Beach is seeking Vernon’s help. Long Beach is asking Vernon to lease some of Long Beach’s excess rights for FY 2018-2019 and in that manner, carry them over into FY 2019-2020. Vernon would lease the rights back to Long Beach in FY 2019-2020. Vernon would lease whatever it could spare in carryover capacity for FY 2018-2019. Vernon has 1,000 acre-feet of unused carryover capacity for FY 2018-2019 that could be used to carryover Long Beach’s rights without impact to Vernon’s water rights. The lease would only be on paper (no economic impact) for the Watermaster’s purposes so that Long Beach does not “lose” those rights. The City of Lakewood has done this for Long Beach in FY 2018-2019 and in the past without issue. The proposed Water Rights License and Agreements with the City of Long Beach have been reviewed and approved-as-to-form by the City Attorney's Office. Fiscal Impact: None. ATTACHMENTS 1. FY 2018-2019 Water Rights License and Agreement 2. FY 2019-2020 Water Rights License and Agreement WATER RIGHT LICENSE AND AGREEMENT (Central Basin) For a valuable consideration, THE CITY OF LONG BEACH (Licensor) hereby grants to THE CITY OF VERNON (Licensee): a license to extract 1,000 acre-feet of Licensor’s Allowed Pumping Allocation allocated to Licensor (or predecessors in interest) under and pursuant to Judgment dated October 11, 1965, and entered in Los Angeles Superior Court Case No. 786,656 entitled “Central and West Basin Water Replenishment District vs. Charles E. Adams, et al.” during the period commencing July 1, 2018 and continuing to and including June 30, 2019. Said License is granted subject to the following conditions: 1. Licensee shall exercise said right and extract the same on behalf of Licensor during the period above specified and put the same to beneficial use and Licensee shall not by the exercise hereunder of said right acquire any right to extract water independent of the rights of Licensor. 2. Licensee shall pay assessments levied on the pumping of said ground waters by the Water Replenishment District of Southern California (District). 3. Licensee shall notify the District that said pumping was done pursuant to this license and provide the District with a copy of this signed document. 4. Licensee shall note, in any recording of water production for the period of agreement that said pumping was done pursuant to this license. 5. Licensee’s Allowed Pumping Allocation shall not be increased by the amount hereby leased when computing carryover or allowable overextraction as provided by Part III, Subpart A and B in said Judgment. THE CITY OF LONG BEACH warrants that it has 1,000 acre-feet of Allowed Pumping Allocation and that it has not pumped and will not pump or permit or license any other person to pump any part of said 1,000 acre-feet during the period of July 1, 2018 through June 30, 2019. Dated: Licensor: THE CITY OF LONG BEACH Licensee: THE CITY OF VERNON Signed By: Christopher J. Garner Signed By: Carlos R. Fandino Title: General Manager Title: City Administrator Attest: Deborah Harrington, Interim City Clerk Approved as to Form: Hema Patel, City Attorney WATER RIGHT LICENSE AND AGREEMENT (Central Basin) For a valuable consideration, THE CITY OF VERNON (Licensor) hereby grants to THE CITY OF LONG BEACH (Licensee): a license to extract 1,000 acre-feet of Licensor’s Allowed Pumping Allocation allocated to Licensor (or predecessors in interest) under and pursuant to Judgment dated October 11, 1965, and entered in Los Angeles Superior Court Case No. 786,656 entitled “Central and West Basin Water Replenishment District vs. Charles E. Adams, et al.” during the period commencing July 1, 2019 and continuing to and including June 30, 2020. Said License is granted subject to the following conditions: 1. Licensee shall exercise said right and extract the same on behalf of Licensor during the period above specified and put the same to beneficial use and Licensee shall not by the exercise hereunder of said right acquire any right to extract water independent of the rights of Licensor. 2. Licensee shall pay assessments levied on the pumping of said ground waters by the Water Replenishment District of Southern California (District). 3. Licensee shall notify the District that said pumping was done pursuant to this license and provide the District with a copy of this signed document. 4. Licensee shall note, in any recording of water production for the period of agreement that said pumping was done pursuant to this license. 5. Licensee’s Allowed Pumping Allocation shall not be increased by the amount hereby leased when computing carryover or allowable overextraction as provided by Part III, Subpart A and B in said Judgment. THE CITY OF VERNON warrants that it has 1,000 acre-feet of Allowed Pumping Allocation and that it has not pumped and will not pump or permit or license any other person to pump any part of said 1,000 acre-feet during the period of July 1, 2019 through June 30, 2020. Dated: Licensor: THE CITY OF VERNON Licensee: THE CITY OF LONG BEACH Signed By: Carlos R. Fandino Signed By: Christopher J. Garner Title: City Administrator Attest: Deborah Harrington, Interim City Clerk Approved as to Form: Hema Patel, City Attorney Title: General Manager City Council Agenda Item Report Agenda Item No. COV-339-2019 Submitted by: Wendy Herrera Submitting Department: Public Works Meeting Date: August 6, 2019 SUBJECT Public Works Department June 2019 Monthly Building Report Recommendation: A. Receive and File. Background: The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificate of occupancy status reports for the month of June 2019. Fiscal Impact: None ATTACHMENTS 1. Public Works Department June 2019 Building Report City of Vernon Building Department Monthly Report from 6/1/2019 to 6/30/2019 Type value # of Permits Electrical lndustrial - Addition lndustrial - New lndustrial - Remodel Mechanical Miscellaneous Plumbing Roof $1,505,979.00 $2,534,172.24 $6,406,968.96 $145,s00.00 $474,500.00 $241,900.00 $574,500.00 $302,950.00 19 2 1 6 't'l 14 10 4 JUNE 2019 TOTALS PERMITS: PREVIOUS MONTHS TOTAL YEAR TO DATE TOTAL JUNE 2018 TOTALS PERMITS: PREVIOUS MONTHS TOTAL PRIOR YEAR TO DATE TOTAL $'t2,186,47 0.20 $s7 390 317.18 $69,576,787.38 $2,155,720.00 $80,369,849.31 67 258 325 50 339 $82,525,569.31 l/Wv\ 389 G Daniel Wall Director of Public Works City of Vernon Building Oepartment New Buildings Report - June 2019 2929 54th St MILLIE AND SEVERSON INC 109,170 sq.ft. v\//L- el Wall Director Public Works City of Vernon Building Department Demolition Report . June 20'19 None .O'v,vl_ Daniel Wall Director of Public Works City of Vernon Building Department Major Projects from 6/1/2019 to 6/30/20't9 Valuations > 20,000 Permit No Project Address Tenant Description Job Value Electrical B-2018-3233 2600 SANTA FE AVE APN 6302004011 2126 APN 52ND ST 6308016022 American Printing lnstallation of 96 solar PV systems (29.472kw CEC-AC) on the roof. 249.5Kw solar roof installation system Electrical for concrete tilt up building - lighting, electrical room Electrical - Construct a new 10,806 sf interior office - lnstall light fixtures and conduit to telephone lnstallation of new 480V switchgear and lighting Electrical for new concrete tilt-up warehouse. CONSTRUCT A NEW 10,806 SF INTERIOR OFFICE T.I. WITH 5395 SF IVEZZANINE CONSTRUCT A NEW 10,806 SF INTERIOR OFFICE T.l. and add mezzanine (4891 SF) New shell only building. Building A 109,170 s.f. Unit 5. Tenant improvement. Framing with handicap restrooms, t- bar ceiling, and Divider Partition, drywall. Remove existing offices Unit #6. Tenant improvement frame with handicap restrooms, t-bar ceiling and divider partion, drywall. F/Vv B-2019-3480 109929 100000 126000 100000 700000 250000 B-2019-3282 B-2019-3280 B-2018-2947 8-2019-3423 B-20'18-2588 26TH ST 5192029014 54TH ST 6310009021 4328 ALCOA AVE APN 6303010038 2929 APN 54TH ST 6310009021 3650 APN 2929 APN 6 Record(s)$1,385,929.00 1267086.12 1267086.12 lndustrial - Addition 8-2019-3452 2929 APN 54TH ST 6310009021 521 5 BOYLE AVE APN 6310009021 Record(s)2 $2,534,17 2.24 6406968.96 lndustrial - New B-2018-2515 2929 APN 54TH ST 63'10009021 1 Record(s) lndustrial - Remodel 8-2019-3480 2535 SANTA FE AVE APN 6302008010 2750 ALAMEDA ST APN 6302009035 2545 SANTA FE AVE APN 6302008010 $6,406,968.96 40000 22000 B-2019-3476 2 5000 B-2019-3448 B-2019-3556 B-2019-3439 4561 LOMA VISTA AVE APN 6304022059 Glen Rose Meat Add new office space 55000 4 B-2019-3542 B-2018-2948 B-2018-3033 B-2014-2942 B-2418-2476 B-2018-2563 Plumbing B-2018-2589 B-2018-2944 B-2018-2946 Record(s) Record(s) Record(s) Lost Spirits American Printing Sprint EZ Worldwide lnc. 100000 63000 100000 35000 100000 25000 Mechanical B-2018-2587 2929 APN 54TH ST 6310009021 1930 APN 51ST ST 6308016005 2929 APN 54TH ST 6310009021 6131 I\,4ALBURG WAY APN 6310027042 5215 BOYLE AVE APN 6310009021 4328 ALCOA AVE APN 63030'10038 l\.4echanical for new concrete tilt-up warehouse. Warehouse, Electrical room and Pump room ventilation Equipment permit - (1 ) Frame (20) dryers Mechanical - Construct a new 10,806 sf interior office - lnstall rooftop HVAC units, exhaust fans and associated ductwork. Ventilation system F/1/V B-2018-3034 lnsp. dates 5120,22,281 1 I CONSTRUCT A NEW 10,806 SF INTERIOR OFFICE T.I. - HVAC UNITS, DUCTWORK AND EXHAUST FANS (4) HVAC Units for new tilt up 249.5Kw solar roof installation system Remove 6 antennas. install 3 antennas, remove 3 RRUS, install 6 RRUs, install hybrid cables. lnstallation of storage racks. See flre permit F-20'18-0952 for high storage requirements Plumbing for new concrete tilt-up warehouse. Roof drains, interior underground sewer Plumbing for new inlerior olflce Tl restrooms, breakroom CONSTRUCT A NEW 10.806 OFFICE - New restrooms and breakroom plumbing drainage, waste, vent, hot and cold water New toilet fixtures, urinals and hand sinks for new men's and women's restrooms. 6 $423,000.00 94100 25000 55000 Miscellaneous B-2019-3281 2126 APN 52ND ST 6308016022 2207 APN 27TH ST 6302008025 2050 APN 49TH ST 6308015077 $174,100.00 200000 100000 100000 2929 APN 54TH ST 6310009021 5215 BOYLE AVE APN 6310009021 2929 APN 54TH ST 6310009021 4561 LOIVA VISTA AVE APN 63040220s9 Glen Rose lvleat Co 22000 B-2018-3224 $142,000.00 B-2019-3465 B-2018-3170 B-2018-3223 4401 DOWNEY RD APN 6303017022 4328 ALCOA AVE APN 6303010038 Record(s) Golden West T.l. of remodelling 10,148 0 of (E) S- I dry storage to cold storage. Plumbing. Combination waste and vent system, floor drains, utility sinks. Plumbing, sump pump and balhrooms for a new 46,312 sf bu ild ing Roofing Roof coating over melal deck with title #24 cool roof. | 2011 - 2025 27th Street 100000 27000 6 $549,000.00 139000 129000 Roof B-2019-3500 B-2019-3573 6180 ALCOA AVE APN 63'10027036 2011 APN 27TH ST 6302009031 2 Record(s)$268,000.00 30 Permit(s)Total _(4.r?\ Daniel Wall Director of Public Works $11,883,170.20 3 .D Gity of Vernon Building Department Status of Certificates of Occupancy Requests Month of June 2019 Request for lnspection Approved Pending Temporary Occupancies 19 't5 344 15 I iel Wall Director of Public Works lssued Permit No. Project Address Tenant City of Vernon Certilicate of Occupancy Applications Date From 6/1/20'19 to 6/30/2019 Description Fees Paid Square Feet c-2019-1297 c-201 9- 1299 c-20'19-1301 c-2019-1 303 c-201 9-1304 c-2019-1 305 c-2019-1 306 c-2019-1 307 c-2019-1 308 c-201 9-1309 c-2019-1 31 0 c-2019-1 31 1 c-2019-1312 SKSlndustries. lnc Warehousing 1,046.00 Wholesale oarment 885.00 Fabric cutting service 385.00 Business office 385.00 Food storage 885.00 Offlce use 385.00 B 85.00 GarmentsWholesale 885.00 GarmentWholesale 885.00 Warehousing garments Code Update Walkthrough 1,046.00 lmport and wholesale garments 885.00 2750 ALAMEDA ST APN 6302009035 2050 APN 51ST ST 6308016033 3305 VERNON AVE APN 6303006071 5602 BICKETT ST APN 6310014024 1900 APN 25TH ST 6302009016 1900 APN 25TH ST 6302009016 2335 APN 52ND ST 6308016016 2705 LEONIS BLVD APN 6308002013 2288 E 49TH ST APN 6308015044 3100 APN 44TH ST 6303016005 3280 APN 26TH ST 6303002021 Loveleya, lnc Horn Food lnc Self-Reliant Employment Support Services Crown Poly, lnc Moon Collection Sadie & Sage, LLC NB Brother Corp Plates and Beyond PR Concepts lnc. Dba PR Express Scented Treasoures Quote update CSA Fashion lnc Candles and bath products 885 00 1 ,207 .00 Sewing 385.00 Warehouse/Shipping footware 885 00 63000 2 000 240 13835 600 22500 19000 19000 52000 14000 5676 129740 2500 9600 4726 LOI\iIA VISTA APN 6304019025 2425 APN 3OTH ST 6302005012 Fashion lvlajor Brands c-2019-1313 5688 BOYLE AVE APN 631000801 1 Promate Produce Produce distribution 36000 C-2019-1298 3700 SANTA FE AVE llla llla, lnc. APN 6302019028 C-2019-1300 3305 VERNON AVE Bicon Food, lnc APN 6303006071 Toy distr and warehouse 6970 c-2019-1302 2833 LEONTS BLVD. APN 6303022004 885.00 25000 1 0.00 lssued Permit No. Project Address Tenant Oescription Fees Paid Sq uare Feet c-2019-1 31 5 QX Logistrix LLC Label & printing goods/manufacturing Warehouse garments 88 5.00 1 ,207 .00 8000 1080002 050 APN 49TH ST 6308015077 Total for Certificate of Occupancy:14,896.00 537,661.00 Total Fees Paid 14.896.0019 Permits(s) 2 C-2O19-1314 3720 SANTA FE AVE Young Label & Tag lnc APN 6302019025 lssued Permit No. Project Address Tenant City of Vernon Certificate of Occupancy lssued Date From 6/1/2019 to 6/30/2019 Description Fees Paid Square Feet 6t4t2019 C-2018-1183 2154 APN 51ST ST 6308016056 614t2019 C-20',t9-1295 6131 t\itALBURG WAY APN 6310027042 6t5t2019 C-20',t9-1285 3301 FRU|TLAND AVE APN 6303027002 6/6/2019 C-2018-1148 2820 LEONIS BLVD APN 6303023002 STYLE MELODY INC Warehousing garments LOST SPIRITS TECHNOLGY LLC Distillery I & I WHOLESALES CoRn/Varehousing of DBA lRlS garments I\,IAYLAN D INC 88 5.00 885.00 885.00 88 5.00 38 5.00 385.00 293 88 13927 5 3981 5075 5000 2 500 165636 '1500 87660 10000 50000 20000 42000 6t6t2019 C-2019-1255 2646 DOWNEY RD APN 5192025008 6t6t2019 C-2018-1027 s636 APN 26TH ST 5192025002 6i6/2019 C-2016-0521 4615 ALCOA AVE APN 6303020010 6t10t2019 C-2019-1283 2266 APN 38TH ST 6302016024 JJ PRODUCE & TRAD|NGwarehousing of INC DBA LAU PRODUCE pToduce tNc T & T FOODS, INC Warehousing of food/freezer & cooler. CHANNEL CONTROL MERCHANTS OF CALIFORNIA LLC DBA CCM CALIFORNIA L,A, SENDOUTS Warehousing general merchandise Warehousing of general merchandise 6t11t2019 C-2017 -0649 2825 APN 1,880.00 Garment cutting and sewing 385.00 WORLD VARIETY Warehousing of PROOUCE, lNC. DBA produce MELISSA'S WORLD VARIEry ROAD RUNNER Warehousing of SOUVENIR INC DBA general merchandise WILSON BAY TRAOING, ROAD RUNNER CARD CO 815.00 88 5.00 FIVEFOUR GROUP, LLC Warehousing of garments 689.00 54TH ST 6310009010 6t11t2019 C-2018-1133 4641 PAC|F|C BLVD APN 6308009027 6t11t2019 C-2017-0713 5990 t\itALBURG WAY APN 6310027049 6t11t2019 C-2018-1092 3152 BANDINI BLVD APN 6303007021 6t11t2019 C-2018-0957 4446 PACIFIC BLVD APN 6308007018 6t26t2019 C-2018-1125 2701 SANTA FE AVE APN 6302007033 BANDINI TRUCK STOP CENTER, INC 385.00 6t2712019 C-2019-1241 2059 APN AMERICAN CONSUMER Warehousing of PRODUCTS CORP general merchandise BRAND PRODUCE, lNC. Warehousing of Produce/coolers SS CUSTOM FURNlTUREManufacturinglNC. furniture and office use 885 00 885 00 37TH ST 630201 1008 885 00 Diesel fueling station and scale '1600 1 900 5 lssued Permit No. Project Address Tenant Description Fees Paid Square Feet Total for Certificate of Occupancy:12,004.00 497,272.OO Total Fees Paid 1 2,004.0015 Permits(s) 2 City Council Agenda Item Report Agenda Item No. COV-344-2019 Submitted by: Diana Figueroa Submitting Department: City Administration Meeting Date: August 6, 2019 SUBJECT A Resolution Approving and Authorizing an Agreement with the Fire Protection District of Los Angeles County for the Provision of Fire Protection, Paramedic and Incidental Services in the City of Vernon Recommendation: A. Find that the adoption of the proposed resolution 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. Adopt a resolution approving and authorizing an agreement with the Fire Protection District of Los Angeles County ("LA County Fire") for the provision of fire protection, paramedic, and incidental services in the City of Vernon. Background: Consistent with City Administration goals and City Council’s direction, staff is committed to streamlining costs, analyzing new revenue streams, increasing efficiencies Citywide, and is dedicated to securing the City's long-term future. Right-sizing service models throughout the City is critical to sustainability. Each department has been instructed to focus on cost containment and resource optimization. Because Vernon Fire Department (“Vernon Fire”) expenditures, year-over-year, make up a significant and growing percentage of the City's general fund budget, the costs for such services remain under scrutiny by constituents and the general public, and City staff is responsible for ensuring fiscal responsibility. It is the duty of City leadership to evaluate its most viable options for serving the residents and businesses of Vernon in the most cost effective, efficient manner possible. A.The Matrix Study. Under City Council’s direction, targeted analysis of the City’s Fire Services began in early 2018 when Matrix Consulting Group (“Matrix”) was contracted to complete a Standards of Cover study for Vernon Fire which assessed department operations and the fiscal landscape. Matrix is a highly qualified firm with extensive experience evaluating fire operations, emergency medical services, management, and resource deployments. Senior members of the firm have over 30 years’ of specialized experience in consulting and in fire management, with the point person for Vernon being a former Fire Chief. It was important to the City to have a knowledgeable team evaluating Vernon’s Fire Services, to ensure that the complexities of this largely industrial community were understood when determining an optimal service model. A multitude of factors in the department were identified and analyzed over the course of approximately four months, with a final report delivered in August 2018. The Matrix study was comprehensive and accounted for the industrial composition of the City, the Class 1 Fire Department rating, minimum staffing levels, call volume, effective response, city size, number of fire stations and equipment, etc. In sum, the Matrix findings in the final report equated to very specific recommendations, tailored to the actual needs of the City based on past data. According to Matrix, strategic improvement opportunities exist in the areas of minimum staffing levels and station numbers/locations. Matrix recommended a reduction in staffing levels for each shift from the current 21 personnel to 17 personnel, and recommends the closure of Station 78, with the relocation of the rescue ambulance. Also noted in the study was the option to reduce staffing to a minimum of 15 with the use of a private ambulance transport. The implementation of any of the Matrix recommendations will result in significant savings for the City. The Matrix study is a valuable foundational tool which staff has utilized to evaluate options for the City’s long-term objectives and best interests. B.Right-Sizing Fire Services in Vernon to Ensure Sustainability and Efficiency. Vernon is not unique in its pursuit of overall cost savings, as financial obligations related to public safety Other Post- Employment Benefits (“OPEB”) and pensions present monumental challenges on the horizon for all municipalities. A trend that is becoming more widespread is that in which cities are opting to establish contracts with county agencies for the provision of fire protection, paramedic, and incidental services due to the savings they are able to recognize. The data and recommendations outlined in the Matrix study, coupled with the growing costs of Vernon Fire, made clear that the City needed to evaluate changes to its current fire services. The City has been thoughtfully exploring a variety of options for Fire Service provision, and right-sizing the Fire Service model continues to be the ultimate goal. One such option was evaluating a contract with the Fire Protection District of Los Angeles County (“LA County Fire”). On September 19, 2018, City Council authorized the City Administrator to enter into negotiations with LA County Fire. Immediately following the authorization, LA County Fire began a lengthy, detailed survey of Vernon Fire’s infrastructure, equipment, vehicles, training, and communications (among other things), and assessed the compatibility of each with the LA County Fire operation. For nearly 10 months, the City and LA County Fire have been actively engaged to utilize the data available to determine what model is most suitable for Vernon relative to service and cost. To further exhaust its due diligence, City staff also engaged the City of Los Angeles Fire Department in early 2019 to gather an understanding of their agency’s services and related costs. Preliminary cost and service proposals were encouraging, however due to labor group conflicts beyond the City’s control, the Los Angeles Fire Department elected to terminate negotiations with the City. Staff then moved forward with exploring a contract with LA County Fire, as well as analyzing an internal restructure and right-sizing of Vernon Fire. With regard to a potential restructure of the Vernon Fire Department, City staff conducted comprehensive analyses, cost projections, and investigation of service level requirements. Numerous staffing models were analyzed, all of which would have reduced minimum staffing from 21 personnel to 15-17 personnel, depending on whether the City elected to contract paramedic and medical transport services. All of these internal staffing models would still be significantly more costly than contracting with LA County Fire, and service levels and standards with LA County would be the same or better. LA County maintains a contractual agreement for fire protection services with 59 cities throughout the Southern California region. The proposed agreement between LA County and the City of Vernon is an iteration of the standard agreement in place with the majority of contract cities. The City and LA County Fire have negotiated Vernon-specific terms that are mutually beneficial for each party. A summary of the substantive contract components is as follows: -10 year term -4% cap on annual service fee for the first 5 years -Transfer of all sworn Vernon Fire personnel to LA County Fire -Non-sworn personnel will be offered an opportunity to interview for positions at LA County Fire -Two Fire Inspector positions stationed in the City -FY 2019/2020 annual fee costs of approximately $12.9 million -CUPA services maintained by the Vernon Health and Environmental Control Department Based on more than a year of study, City staff is recommending that the City contract Fire Services with LA County Fire. It is estimated that the City will pay approximately $16.1 million in fiscal year 2019/2020 for LA County Fire Services, equating to a $3.7 million savings in year one (Vernon Fire’s FY 2019/2020 budgeted expenses are approximately $19.8 million). The first year LA County Fire estimate includes costs related to conversion of City personnel, equipment, training, and earned vacation/sick/holiday payouts for transferring employees. Cost estimates for the first three years will be higher than the annual service fee for LA County Fire. In the fourth year, the City will have completed its conversion cost installment payments to LA County Fire. Although the City will initially pay additional costs above and beyond the annual service fees, savings will still be realized. Approximately $17 million in savings over the first three years, and an overall savings of approximately $37 million over the first five years is anticipated if the City contracts with LA County Fire. As noted previously, if the City’s existing Vernon Fire service model were employed, it is estimated that this fiscal year's operating budget would be approximately $19.8 million. Should City Council opt to retain a Vernon Fire service model, additional revenue streams must be sourced (via taxation, increased fees, etc.) in order to maintain City fire services. C.Variations between Service Model Options Although the quality of service with either LA County Fire or Vernon Fire model will be comparable, it is important to note that there are a few key differences between the options. Namely, the Circles of Coverage allowing for automatic aid and accessibility to 100+ firefighters within a five mile radius of the City, and the projected cost savings of approximately $37 million over five years if the City elects to contract with LA County Fire. The chart provided (attachment 2) identifies some notable fire service elements. Any and all benefits and potential disadvantages should be considered. D.Staff Recommendation. Hundreds of hours of staff time and analysis has resulted in a recommendation to City Council to pursue an agreement with LA County Fire. The decision to present a service agreement with LA County Fire follows an intense collaboration amongst staff, the incorporation of concerns of the business and residential community, lengthy negotiations with LA County Fire, and a logical, methodical approach to the City’s evaluation process. This is a decision that has been weighed heavily. In an effort to uphold good governance practices, maintain transparency and fiscal accountability, and ensure sustainability, the City Administrator is seeking to right-size the City’s Fire Service model. With City Council’s adoption of the proposed resolution, the City will proceed with all remaining steps to affect a smooth transition to LA County for the provision of Fire Services in Vernon. Fiscal Impact: City staff estimates that the first year costs associated to the LA County Fire contract will be approximately $16.1 million. This total is inclusive of conversion costs, Local Agency Formation Commission (LAFCO) annexation fees, training, etc. which are additional costs that the City will incur beyond the Annual Service Fee of $12.9 million. If a transition to LA County Fire is approved, in year one, the City will realize approximately $3.7 million in savings, with a potential for exponential savings over the course of the next several years. It is estimated that there will be approximately $37 million in savings over a five year period associated to contracting Fire Services with LA County. ATTACHMENTS 1. Resolution - Agreement w/ Consolidated Fire Protection District of Los Angeles County 2. Fire Service Comparison Chart RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY FOR FIRE PROTECTION, PARAMEDIC AND INCIDENTAL SERVICES IN THE CITY OF VERNON WHEREAS, the City of Vernon (“City”) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, effective January 22, 2018, the City entered into a services agreement with the Matrix Consulting Group (“Matrix”) for the purpose of conducting a Vernon Fire Department Standards of Cover assessment; and WHEREAS, the Matrix study was comprehensive and accounted for all key factors, including the industrial composition of the City, the Class 1 Fire Department rating, minimum staffing levels, call volume, effective response, city size, and the existing number of fire stations and equipment; and WHEREAS, in addition to the Matrix study, the City analyzed a variety of options for cost-effective provision of fire service, and right-sizing the City’s fire service model continued to be the ultimate goal; and WHERAS, on September 19, 2018, the City Council authorized the City Administrator to enter into negotiations with Los Angeles County for the provision of fire protection and related services to the City; and WHEREAS, by memorandum dated August 6, 2019, the City - 2 - Administrator has recommended the approval of an agreement with the Consolidated Fire Protection District of Los Angeles County (“LA County”), setting forth the terms and conditions under which the LA County will provide fire protection, paramedic and incidental services in the City; and WHEREAS, the City Council of the City of Vernon desires to approve the Agreement with the LA County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt 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. SECTION 3: The City Council of the City of Vernon hereby approves the Agreement with the Consolidated Fire Protection District of Los Angeles County, in substantially the same form as the copy attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the Interim City Clerk is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of - 3 - implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein. SECTION 6: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk’s designee, to send a fully executed Agreement to the LA County. SECTION 7: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of August, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. _______, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2019, at Vernon, California. Deborah Harrington, Interim City Clerk (SEAL) EXHIBIT A -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR SERVICES BY AND BETWEEN THE CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY AND THE CITY OF VERNON THIS AGREEMENT is made and entered into this day of , , by and between the Consolidated Fire Protection District of Los Angeles County, hereinafter referred to as the "FIRE DISTRICT," and the City of Vernon, hereinafter referred to as the "CITY." W I T N E S S E T H WHEREAS, the CITY has decided to contract with FIRE DISTRICT for fire protection, hazardous materials, emergency medical, and all related services as authorized by California Government Code Section 54981, and the FIRE DISTRICT is authorized to provide such services pursuant to California Health and Safety Code Section 13800, et. seq; WHEREAS, it is the desire of the CITY to receive regional fire protection services from the FIRE DISTRICT due to the benefits afforded by regional service delivery; and WHEREAS, it is the desire of the parties hereto to address, by this Agreement, all matters which are related to a contract for services to be provided to the CITY by the FIRE DISTRICT. SECTION I. AGREEMENT EFFECTIVE DATE AND TERM (A) The effective date of this Agreement shall be the date of approval by the Board of Supervisors of the County of Los Angeles as the governing body of the FIRE DISTRICT, which is _________________________, and this Agreement shall continue in effect until such time as this Agreement is terminated or otherwise renegotiated. (B) The provision of services by the FIRE DISTRICT to the CITY shall commence on the date stated in Schedule 1 established by the FIRE CHIEF of the FIRE DISTRICT, hereinafter referred to as "commencement date of services". (C) The date of annexation of the CITY to the FIRE DISTRICT shall be the date of recordation of annexation documents which shall be on or near the commencement date of services. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (D) This Agreement shall remain in effect for a minimum of ten (10) years from the commencement date of services (“Initial Ten-Year Term”). Subsequent to this Initial Ten-Year Term, this Agreement shall be automatically renewed for one year periods. Either party may terminate this Agreement any time after the expiration of the Initial Ten-Year Term upon one year’s written notice as provided in Subsection (E) of this Section I, subject to the terms and conditions of this Agreement. (E) Subsequent to the ninth (9) year of the Initial Ten-Year Term, the FIRE DISTRICT or the CITY may terminate this Agreement by giving at least one year's written notice to the other for termination of this Agreement and the CITY’s detachment from the FIRE DISTRICT in accordance with this Section I. Notice shall be sent to the addresses listed in Section III, Subsection (I), herein, or as subsequently changed by either party in writing. (F) Should either party give written notice of its intent to terminate this Agreement, that party shall initiate detachment proceedings through the Local Agency Formation Commission (LAFCO). The party who terminates this Agreement, including any subsequent amendments, shall bear the cost of all fees associated with detachment of the CITY from the FIRE DISTRICT, unless CITY becomes delinquent or defaults in its Annual Fee payment to the FIRE DISTRICT for FIRE DISTRICT services pursuant to Section III, Subsection (O), in which instance CITY shall bear the costs. Such fees shall be defined as LAFCO fees, the State Board of Equalization fees, and any similar fees of this nature but shall not include any Board of Supervisors’ or any CITY administrative fees or attorneys’ fees. (G) A review of the Agreement terms may be initiated at any time by either party, upon five (5) days written notice to the other. Any modifications made to this Agreement shall be upon written consent of both parties. The parties agree to negotiate in good faith and deal fairly with respect to performance under this Agreement and with respect to any proposed modifications to this Agreement. SECTION II. SERVICES (A) Services to be provided by the FIRE DISTRICT to the CITY shall include fire protection, hazardous materials services, emergency medical services which include -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 paramedic services, fire code and related code enforcement, fire cause and arson investigation, plus all FIRE DISTRICT support services including, but not limited to, supervision, dispatching, training, equipment maintenance, supplies, and procurement, collectively referred to as "Services." The CITY will not be charged for on-duty personnel reassigned from fire stations outside of the CITY to staff events in the CITY. The FIRE DISTRICT’s cost for Fire Safety Officers (FSOs) or augmented staffing assigned to special events held in the CITY will be charged to the CITY for CITY-sponsored events or to non-CITY entities, whichever is the appropriate organization, as the cost for such augmented services is not included in the CITY’s Annual Fee. (B) The power and authority relating to the provision of Services, the standards of performance, the discipline of personnel, and other matters related to the performance of such Services and control of personnel so employed by the FIRE DISTRICT shall be within the sole discretion of the FIRE DISTRICT. (C) The engine companies assigned to the CITY Fire Stations as listed on Schedule 3 attached hereto shall carry automatic external defibrillators, and all firefighting personnel shall be certified as Emergency Medical Technician-1. The minimum daily staffing level in the CITY as indicated on Schedule 3 herein is as follows: one engine company staffed with three personnel (one fire captain, one fire fighter specialist and one fire fighter); one engine company and one truck company each staffed with four personnel, (one fire captain, one fire fighter specialist and two fire fighters); and one paramedic squad staffed with two fire fighter paramedics, for a total operations staffing of thirteen uniformed personnel on duty daily in the CITY. This staffing level may be modified by mutual agreement of the CITY COUNCIL and FIRE CHIEF of the FIRE DISTRICT pursuant to Section XI. (D) All code enforcement, plan check approval, and other fire prevention activities shall be in accordance with the County of Los Angeles Fire Code and FIRE DISTRICT ordinances, regulations, standards, policies and procedures, except as may be amended pursuant to Section X herein. (E) Transportation of a patient to a hospital in a medical emergency is not provided by -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the FIRE DISTRICT. Emergency medical transportation is provided under a County of Los Angeles contractual arrangement with a private ambulance company licensed to operate within Los Angeles County. If the CITY opts to continue to provide medical transportation in the CITY during the term of this Agreement, the CITY and FIRE DISTRICT will enter into a Memorandum of Understanding which will outline the CITY’s responsibilities in the administration of its ambulance program, including the location of the housing of ambulance program’s personnel and equipment. (F) The FIRE DISTRICT will participate in and support community emergency preparedness, education, training, and exercises at the reasonable request of and at no additional cost to the CITY. The CITY shall retain responsibility for the CITY's internal emergency management and related programs. (G) Without cost to the FIRE DISTRICT, the CITY shall, within the legal boundaries of the CITY, retain responsibility for providing a water system including fire hydrants capable of supplying adequate water fire flow to the FIRE DISTRICT. The CITY shall ensure that the CITY’s water purveyors provide adequate water and hydrants for fire protection purposes within the CITY without cost to the FIRE DISTRICT. (H) The FIRE DISTRICT shall annually inspect all fire hydrants within the CITY to ensure that fire hydrants are mechanically operable and capable of delivering water. The FIRE DISTRICT shall notify the CITY’s water purveyors, in writing, of any maintenance requirements as soon as possible after such inspections and at any other times the FIRE DISTRICT becomes aware of maintenance or repair requirements. The FIRE DISTRICT shall not be liable to pay any CITY water purveyor for hydrant installation, use, repair, maintenance, or rental fees or any other related costs or expenses except if damage results from the FIRE DISTRICT’S negligent use of said fire hydrants. (I) The transference of applicable 9-1-1 calls to the FIRE DISTRICT shall be done immediately upon receipt by the CITY's Public Safety Answering Point (PSAP) and shall be performed without cost to the FIRE DISTRICT. The CITY shall be responsible for all costs associated with connecting ring-down circuits from its PSAP to the FIRE DISTRICT’s circuit. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (J) The FIRE DISTRICT shall provide to the CITY quarterly and annual statistical response information reports. The criteria utilized in the preparation of such reports shall be determined by the CITY ADMINISTRATOR and the FIRE DISTRICT's jurisdictional Assistant Fire Chief. (K) Nothing in this Agreement shall preclude the future expansion or relocation of the CITY’S Fire Stations referenced on Schedule 3 herein if such action is mutually agreed upon in writing by both the CITY and the FIRE DISTRICT’s Fire Chief. (L) Any agreed-upon adjustments in staffing pursuant to Section XI, Subsection (B) herein may cause adjustments in the determination of the Annual Fee, as specified in Schedule 2 attached hereto and made a part hereof. SECTION III. ANNUAL FEE FOR SERVICES (A) The CITY shall pay an Annual Fee for FIRE DISTRICT Services, hereinafter referred to as "Annual Fee." As provided for in the California Health and Safety Code Section 13878, the FIRE DISTRICT shall be paid monthly, in advance, from funds of the CITY for the performance of the services referred to in Section II, hereof. The Annual Fee shall be determined by the method specified in Schedule 2, attached hereto and made a part hereof. The CITY shall pay the FIRE DISTRICT one-twelfth (1/12) of the estimated or actual Annual Fee monthly, in advance, on or before the first day of each month. The one-year period for payment of the Annual Fee is defined as July 1 through June 30, herein referred to as "Fiscal Year." (B) At least ninety (90) days prior to the commencement of each Fiscal Year, the FIRE DISTRICT shall submit a preliminary estimate of the Annual Fee (“Preliminary Annual Fee”) for providing Services to the CITY for the ensuing fiscal year. The Preliminary Annual Fee shall include estimated costs of FIRE DISTRICT salary and employee benefits and overhead, and shall be used for billing purposes until actual cost information is available. (C) As soon as actual cost information is available, the FIRE DISTRICT shall provide the CITY a statement of the actual Annual Fee for providing Services during the current fiscal year. If the Annual Fee is less than the Preliminary Annual Fee, the FIRE DISTRICT shall -6- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 credit the CITY for the difference, which amount shall be deducted from the first monthly invoice and, if applicable, the following monthly invoices subsequent to the statement of the Annual Fee. If the Annual Fee is greater than the Preliminary Annual Fee, the additional amount due the FIRE DISTRICT will be paid by the CITY during the subsequent fiscal year as follows: One-twelfth (1/12) of such additional Annual Fee amount due to the FIRE DISTRICT shall be added and paid in each of the CITY's subsequent twelve (12) monthly payments. (D) A limitation shall be placed on increases in the amount of Annual Fee to be paid by the CITY each year, hereinafter referred to as "Annual Fee Limitation." For purposes of calculation of the Annual Fee Limitation, the Annual Fee shall not include any conversion costs, credits, or rebates of any kind. The Annual Fee Limitation shall be subject to annual changes after the initial five-year period of this Agreement commencing with the commencement date of services (“Initial Five-Year Period”) as described below. During the Initial Five-Year Period, the Annual Fee Limitation shall not exceed four percent (4%) per Fiscal Year. At the conclusion of the Initial Five-Year Period, the FIRE DISTRICT will meet with the CITY to discuss cost trends and increases that will impact the CITY’s Annual Fee. During the sixth year of this Agreement, the Annual Fee Limitation shall be the average of the immediately preceding four years’ percentage increases in the Annual Fee plus one percent (1%). During the seventh year of this Agreement and each subsequent Fiscal Year, the Annual Fee Limitation shall be the average of the immediately preceding five years' percentage increases in the Annual Fee plus one percent (1%). (E) In any year where the CITY's Annual Fee, as specified in Section III, Subsection (C) hereinabove, exceeds the preceding Fiscal Year's Annual Fee plus the applicable Annual Fee Limitation, hereinafter referred to as "Annual Fee Limitation Excess," payment of the Annual Fee Limitation Excess shall be deferred to a subsequent future Fiscal Year(s) where the increase in the Annual Fee for that Fiscal Year over the preceding Fiscal Year is less than the Annual Fee Limitation. The Annual Fee Limitation Excess will be paid by the CITY in any subsequent Fiscal Year(s) to the extent the Annual Fee increase in that Fiscal Year is less than the Annual Fee Limitation for that Fiscal Year. One-twelfth (1/12) of such Annual Fee -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Limitation Excess shall be added and paid in each of the CITY's twelve (12) monthly payments for the subsequent Fiscal Year(s). In the event the CITY detaches from the FIRE DISTRICT, any unpaid Annual Fee Limitation Excess together with any outstanding Annual Fee payments due by the CITY as of the effective date of detachment shall be due and payable to the FIRE DISTRICT no later than the effective date of detachment. Should a credit be due the CITY from the FIRE DISTRICT, a refund shall be paid to the CITY no later than the effective date of detachment. (F) In addition to the Annual Fee, conversion costs as specified in Schedule 4 attached hereto and made a part hereof shall be charged to the CITY and shall be paid to the FIRE DISTRICT by the CITY in thirty-six (36) equal monthly payments. This amount shall be added to each monthly invoice for the Annual Fee commencing with the first month’s Annual Fee invoice. Upon the final determination of the actual conversion costs as approved by the CITY ADMINISTRATOR and the FIRE CHIEF of the FIRE DISTRICT, the CITY’s conversion cost balance will be adjusted as will all subsequent monthly invoices for the Annual Fee to reflect the actual conversion costs. (G) The CITY shall pay all annexation processing fees by check directly to and upon request by the FIRE DISTRICT. Such fees are anticipated to be: State of California Board of Equalization $ 300.00 County of Los Angeles Local Agency Formation Commission $ 8,500.00 (H) Fire protection, hazardous materials, emergency medical, and all related services as set forth in Section II, herein, shall not be performed by the FIRE DISTRICT hereunder unless the CITY shall: 1. Have available funds previously appropriated to cover the Annual Fee; and 2. Have paid in advance, when due to the FIRE DISTRICT, the monthly payments or the Annual Fee from the previously appropriated funds. (I) The FIRE DISTRICT shall invoice the CITY at least thirty (30) days in advance of any scheduled monthly payment. Payment of all invoices under this Agreement shall be due and -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 payable thirty (30) days from the date of invoice (hereinafter referred to as “due date”). Invoices and general notices shall be sent to the CITY at: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attention : Carlos Fandino, City Administrator Payments shall be sent to the FIRE DISTRICT at: Los Angeles County Fire Department P. O. Box 54740 Los Angeles, CA 90054-0740 General notices shall be sent to the FIRE DISTRICT at: Fire Chief Daryl L. Osby Los Angeles County Fire Department 1320 North Eastern Avenue Los Angeles, CA 90063-3294 Either party shall notify the other, in writing, of an address change. (J) If the commencement date of services is in the middle of any month, the pro rata share for that month and full payment for the following month shall be paid in advance. The pro rata monthly share shall be calculated as follows: Divide the Annual Fee by 365 days (daily rate) and multiply the daily rate by the number of days remaining in the month as of the commencement date of services. (K) Interest shall be added to any payment invoiced by the FIRE DISTRICT and that is received by the FIRE DISTRICT more than fifteen (15) calendar days after the due date (late payment). The interest rate on any late payment shall be established as the prevailing prime lending rate for Bank of America, or any successor financial institution, as of the first day payment is late. The period for computing this interest shall commence the day following the payment due date and end the date of receipt of payment by the FIRE DISTRICT. The interest payment shall be computed as follows: No. of Days Late X Prime Lending Rate X $ Amount of = Late Payment Interest Charge 365 Days Payment -9- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (L) The Annual Fee in this Agreement is based upon current CITY boundaries and service requirements. During the term of this Agreement, should the CITY annex any area from which the FIRE DISTRICT does not receive property taxes (such as from a non-FIRE DISTRICT- served city), staffing levels shall be adjusted to adequately serve the annexed area and the CITY’s Annual Fee shall be adjusted accordingly as determined by the FIRE DISTRICT and reviewed by the CITY. (M) All revenues generated from fees established or implemented by the FIRE DISTRICT, such as fire prevention fees, shall be FIRE DISTRICT revenues with the exception of any applicable paramedic on-board/advanced life support (ALS) fees which will be passed through to the CITY by the FIRE DISTRICT via credits on the CITY’s monthly invoices. Any revenue generated by fees that the CITY charges as the administering agency for the CITY’s Hazardous Materials Release Response Plan and Inventory program and through a CITY- operated emergency medical transportation program in arrangement with a private ambulance firm would remain CITY revenues. Fees of any nature collected by CITY on behalf of the FIRE DISTRICT shall be passed-through to the FIRE DISTRICT by the CITY as FIRE DISTRICT revenues. The CITY shall be authorized to retain a five percent (5%) administrative charge for any fees collected by the CITY on behalf of the FIRE DISTRICT. Any fees charged and collected by the CITY subsequent to the commencement date of services shall remain as revenues of the CITY provided that such fees are not identified as fees for FIRE DISTRICT services. The FIRE DISTRICT shall be authorized to retain a five percent (5%) administrative charge for any fees collected by the FIRE DISTRICT on behalf of the CITY. Excluding any State, Federal, or judicially mandated programs or fees, any fees established by the FIRE DISTRICT to be imposed in the CITY after the commencement date of services shall require the prior approval of the City Council. Neither the FIRE DISTRICT nor the CITY shall be legally obligated to collect fees on behalf of the other party. In the event that an incident occurs within the CITY while this Agreement is in effect during which the FIRE DISTRICT may be required to deploy a substantial number of FIRE DISTRICT apparatus and personnel to such incident as determined by the FIRE DISTRICT, to -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the extent authorized by law, the FIRE DISTRICT reserves the right to pursue cost recovery within its sole discretion against the party that caused the incident but not against the CITY. Costs recovered by the FIRE DISTRICT for CITY-paid resources (as detailed in Schedule 2 herein) deployed on such an incident within the CITY, less the cost of the FIRE DISTRICT’s recovery efforts, shall be credited to the CITY. In the event the CITY were to pursue cost recovery for FIRE DISTRICT resources deployed to an incident within the CITY to which the FIRE DISTRICT deploys a substantial number of apparatus and personnel, to the extent authorized by law, the CITY shall promptly pay to the FIRE DISTRICT all such FIRE DISTRICT costs recovered by the CITY less the cost of the CITY's recovery efforts. Costs for FIRE DISTRICT resources paid for by the CITY through this Agreement as detailed on Schedule 2 herein and deployed to such an incident shall not be recoverable by the FIRE DISTRICT from the CITY. Neither the FIRE DISTRICT nor the CITY shall be legally obligated to seek cost recovery on behalf of the other party. (N) In the event that a billing/payment dispute arises between the FIRE DISTRICT and the CITY, the parties will negotiate in good faith to resolve the dispute and the following procedures will be taken to resolve the dispute: (1) The dispute will be specified, in writing, and presented to the FIRE DISTRICT’s Chief Deputy of Business Operations if a CITY dispute, or to the CITY ADMINISTRATOR if a FIRE DISTRICT dispute, within thirty (30) days of the receipt of a disputed invoice or disputed payment. The CITY shall pay in full any disputed invoice "under protest." (2) The FIRE DISTRICT and the CITY shall meet and confer in good faith to expeditiously resolve the dispute. If the FIRE DISTRICT and the CITY cannot fully resolve the dispute within ninety (90) days of receipt of written notification of this dispute (impasse), the impasse will be sent to an independent arbitrator for resolution. Said arbitrator shall be selected jointly by the CITY and the FIRE DISTRICT within forty-five (45) days of impasse and shall be paid for equally by the CITY and the FIRE DISTRICT. If the FIRE DISTRICT and the CITY cannot agree on an arbitrator, each party shall, at its own expense, retain an arbitrator within thirty (30) days after the jointly selected arbitrator should have been selected. These -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 two arbitrators will, within thirty (30) days of their retention, mutually select a third arbitrator. The mutually agreed-upon arbitrator will resolve the matter within thirty (30) days after his/her selection. The FIRE DISTRICT and the CITY shall share equally the cost of the third arbitrator. The arbitrator's resolution of the impasse shall be final and binding. (3) If the FIRE DISTRICT prevails in arbitration, all money owed and not paid to the FIRE DISTRICT will be forwarded to the mailing address identified in Section III, Subsection (I), herein, within thirty (30) calendar days from the date of the issuance of the arbitrator’s decision. In addition, the CITY will be assessed and pay the interest payment amount for a late payment as calculated in Section III, Subsection (K) of this Agreement. (4) If the CITY prevails in arbitration and has paid the FIRE DISTRICT the disputed amount, a refund to the CITY will be forwarded to the mailing address identified in Section III, Subsection (I), herein, within thirty (30) calendar days from the date of the issuance of the arbitrator’s decision. In addition, the FIRE DISTRICT will pay to the CITY an interest payment, as calculated for late payments in Section III, Subsection (K) of this Agreement. (5) Each party is required to pay its own legal fees associated with such arbitration and is not entitled to recovery of those fees from the other party. (O) CITY understands and agrees that in the event the CITY becomes delinquent or defaults in its Annual Fee payment to the FIRE DISTRICT for FIRE DISTRICT service, the County Auditor-Controller is authorized, at the direction of FIRE DISTRICT, to withhold CITY’s unencumbered annual property tax revenue in an amount equal to the outstanding payment for FIRE DISTRICT Service and credit the withheld amounts to the FIRE DISTRICT's revenue account. FIRE DISTRICT shall comply with the procedures in County Fiscal Manual section 10.2.12, "Procedures for Collection of Accounts Receivable for Services Performed for Cities and Special Districts" for collecting CITY's delinquent or defaulted Annual Fee payments. Such withholding by the Auditor-Controller shall continue until such time as CITY resumes payment to the FIRE DISTRICT directly and all delinquent or defaulted Annual Fee payments have been recovered. (P) The FIRE DISTRICT shall credit to the CITY's Annual Fee billing the cost expended -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by the CITY to fulfill the requirements of Section VII, Subsection (C), paragraph (12), Health Insurance, herein, in the invoice subsequent to the FIRE DISTRICT's receipt of cost documentation. The CITY shall present documentation satisfactory to the FIRE DISTRICT of the amount expended prior to credit being made. (Q) Vacation, sick, and any holiday benefit days, as provided for in Section VII, Subsection (C), paragraphs (6) and (7) herein and as detailed on Schedules 8, 9, 10, 12, 13, and 14 attached hereto and made a part hereof, shall be charged to the CITY and shall be paid in thirty-six (36) equal monthly payments which shall be a separate and distinct charge added to the monthly invoice for the Annual Fee commencing with the first month's Annual Fee invoice or as soon as practicable after the finalization of these Schedules. Such charges will be excluded from the Annual Fee Limitation calculation. SECTION IV. EQUIPMENT, FURNITURE, FURNISHINGS, AND EXPENDABLE EQUIPMENT/FIRE APPARATUS AND EQUIPMENT (A) On the commencement date of services, the CITY shall transfer to the FIRE DISTRICT all fire apparatus, vehicles, fire equipment, and fire station furnishings, furniture, equipment and expendable tools incidental to fire station operations, as inventoried and identified by the FIRE DISTRICT in writing, and listed in Schedules 5 and 6 attached hereto. Items not listed in Schedules 5 and 6, shall not be transferred to the FIRE DISTRICT and will remain with the CITY. (B) All right, title, and interest in said CITY apparatus and vehicles shall be conveyed to FIRE DISTRICT free and clear of any encumbrances. The CITY shall be responsible for any and all outstanding loans or liens against said apparatus and vehicles existing as of the date of conveyance. All right, title and interest of any apparatus for which the CITY is currently leasing shall be conveyed to the District FIRE DISTRICT free and clear of any encumbrances upon the termination of the lease(s). If the CITY does not avail itself of the ability to purchase, and thus does not retain ownership of, the vehicle(s) at the termination of the lease(s), the CITY shall be responsible for the cost of new replacement apparatus to be placed in service in the CITY. The replacement cost of the apparatus shall be added to the CITY’s Annual Fee invoices to be -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 paid in twelve (12) equal monthly installments. (C) All fire apparatus, vehicles, and related apparatus/vehicular equipment transferred to the FIRE DISTRICT by the CITY shall be in good working order. The CITY shall pay for any fire apparatus and vehicle repairs necessary due to deferred or deficient maintenance. Prior to the commencement date of services, the FIRE DISTRICT shall inspect all such fire apparatus and vehicles and identify any repairs required due to deferred or deficient maintenance. The FIRE DISTRICT shall add the cost for such repairs to the conversion costs and modify Schedule 4 accordingly. SECTION V. FIRE STATIONS (A) Upon the commencement date of services, CITY Fire Stations identified on Schedule 3 attached hereto and made a part hereof shall be used and occupied by the FIRE DISTRICT. In the event that during the term of this Agreement the CITY and FIRE DISTRICT mutually agree to staff a new fire station facility, the staffing levels in Schedule 2 of this Agreement will be updated as necessary and Schedule 3 will be updated accordingly. All terms and conditions contained in this Agreement applicable to the lease and maintenance of CITY fire stations shall apply to the new fire station. (B) This Agreement constitutes a lease whereby the CITY shall lease to the FIRE DISTRICT the CITY Fire Stations as identified on Schedule 3 herein for one dollar ($1) annually per station. Fire Stations 76 and 77 shall be used for the purpose of providing fire protection and emergency medical and related services as described herein. The FIRE DISTRICT may utilize CITY Fire Station 78 to house FIRE DISTRICT administrative staff and reserve fire apparatus. All costs incurred by the FIRE DISTRICT for any modifications and/or repairs to Fire Station 78 necessary for the purpose of accommodating the above uses shall be at the FIRE DISTRICT’s expense. The lease of Fire Station 78 may be terminated at the FIRE DISTRICT’s sole discretion with thirty (30) days written notice. (C) The CITY represents and warrants that it has performed all environmental cleanup of hazardous materials at all CITY Fire Station sites identified on Schedule 3 as required by all applicable Federal, State, and local laws as detailed in Section VIII, Subsection (C) herein. -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The CITY represents and warrants that the CITY has, as federally mandated, at its own expense, properly removed and replaced, if applicable, all underground fuel tanks and all other environmental hazards from all CITY Fire Station sites identified on Schedule 3 in accordance with all applicable Federal, State, and local requirements and standards. The FIRE DISTRICT assumes no responsibility for any and all contamination or environmental damage, including personal injury or property damage, or liability of any nature whatsoever arising from said fuel tanks or their removal. The CITY shall indemnify, defend, and hold harmless the FIRE DISTRICT from any claims, liabilities, damages, costs, or expenses of any nature whatsoever related to any fuel tanks, and related ancillary equipment, located at the CITY Fire Station sites prior to the commencement date of services under this Agreement. (D) The CITY shall indemnify, defend, and hold harmless the FIRE DISTRICT for any liability, cost, expense, claims, or damages arising from any contamination or environmental damage, including personal injury or property damage of any kind whatsoever at or adjacent to the CITY Fire Station sites in any way related to asbestos, if any, at any of the CITY Fire Station sites, or in any way related to hazardous materials or dangerous conditions caused or created or contributed to by the CITY prior to the commencement date of services at any of the CITY Fire Station sites. (E) The FIRE DISTRICT shall be responsible for utility payments related solely to the FIRE DISTRICT's use of the CITY Fire Stations. In the event any of the CITY Fire Stations’ utility connections are shared jointly by others, an equitable formula to determine sharing of utility costs shall be set forth in a Memorandum of Understanding, included herein as Schedule 15, attached hereto and made a part hereof entered into by the CITY and the FIRE DISTRICT and executed by the CITY ADMINISTRATOR and FIRE CHIEF of the FIRE DISTRICT, respectively, prior to the commencement date of services or as soon as practicable thereafter. (F) The FIRE DISTRICT shall inspect the CITY Fire Stations prior to acceptance and occupancy. After the FIRE DISTRICT’s acceptance of the CITY Fire Stations, the FIRE DISTRICT shall be responsible for minor and routine station repairs as described in this Section. -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) The FIRE DISTRICT shall perform all routine, day-to-day maintenance, and minor repairs (collectively referred to as “routine repairs”) on the CITY Fire Stations leased from the CITY identified on Schedule 3. The FIRE DISTRICT shall be responsible for routine repairs not to exceed $60,000 for each of the CITY Fire Stations during the first year after the commencement date of services of this Agreement (the FIRE DISTRICT’s maximum share); for the second through fifth years of this Agreement after the commencement date of services, the FIRE DISTRICT’s maximum share for routine repairs for each of the CITY Fire Stations shall be as follows: Year 2 $65,000 Year 3 $70,000 Year 4 $75,000 Year 5 $80,000 (2) The FIRE DISTRICT shall notify the CITY in writing if the total cost for routine repairs for CITY Fire Stations in any one year is anticipated to exceed the FIRE DISTRICT’s maximum share for that year in accordance with Subsection (F) herein. If the FIRE DISTRICT expends less than the FIRE DISTRICT’s maximum share on the CITY Fire Stations in any year, any amount less than the FIRE DISTRICT’s maximum share for the CITY Fire Stations shall not be carried forward from year to year. Routine repairs and minor remodeling shall include but not be limited to the following: repair or replacement of apparatus room doors; floor replacement; ceiling replacement; incidental plumbing and electrical repairs; heating and air conditioning repairs; exhaust fan replacement; and minor remodeling such as shower refurbishment, installation of stainless steel countertops, and additional cabinets for offices and/or lockers that do not exceed $100,000 per project. All routine repairs or portions thereof in excess of the FIRE DISTRICT’s maximum annual share for CITY Fire Stations shall be the responsibility of the CITY. The FIRE DISTRICT may elect to replace or upgrade appliances or furnishings at any of the CITY Fire Stations at its own expense. The CITY shall not be responsible for any such upgrades or replacements, and such upgrades and replacements shall not reduce the FIRE DISTRICT’s maximum share provided above, unless the items being -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 replaced are no longer functioning or repairable at a reasonable cost as determined by the FIRE DISTRICT, in which event such costs incurred by the FIRE DISTRICT shall reduce the FIRE DISTRICT’s maximum share. Any proposed modifications to the exterior of any of the CITY’s fire stations shall require advance written approval of the CITY ADMINISTRATOR. (3) Any non-routine repairs, defined as repairs in excess of $100,000, hereinafter shall be referred to as "major repairs" and shall be identified, in writing, by the FIRE DISTRICT and presented to the CITY. Major repairs shall be undertaken by the CITY within twelve (12) months of the FIRE DISTRICT's notification to the CITY, or other time period as mutually agreed upon by the FIRE CHIEF of the FIRE DISTRICT and the CITY ADMINISTRATOR, unless said major repair is deemed an emergency, hereinafter referred to as "emergency major repair." In the event of a dispute regarding the existence of major repairs, the general arbitration procedures stated in Section III, Subsection (N) shall be utilized. Emergency major repairs shall be defined as conditions that if left unrepaired would compromise the health, welfare, or security of the fire station inhabitants or the public, as reasonably determined by the FIRE DISTRICT. The FIRE DISTRICT shall commence emergency major repairs immediately and make reasonable effort to notify the CITY’s designated emergency contact person. The CITY shall provide the FIRE DISTRICT with the name and telephone number of a designated contact person for such emergency major repairs, which may occur after-hours. The FIRE DISTRICT will undertake the emergency major repairs and invoice the CITY for the costs of such repairs. The CITY shall be invoiced for one-twelfth (1/12) of the cost of such repairs monthly for a period of twelve (12) months. All invoices for emergency major repairs undertaken by the FIRE DISTRICT shall be due and payable thirty (30) days from the date of invoice and shall be subject to the terms contained in Section III, Subsections (K) and (N) herein. (4) The FIRE CHIEF of the FIRE DISTRICT may authorize, with the written approval of the CITY, improvements to any of the CITY Fire Stations for the FIRE DISTRICT’s benefit at no cost to the CITY. Such improvements shall not be subject to the FIRE DISTRICT’s maximum share provisions as contained herein, and FIRE DISTRICT’s maximum -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 share shall not be reduced by the costs of any such improvements. (G) Without limiting each party's indemnification of the other and during the term of this Agreement, each party agrees to maintain the programs of insurance as set forth below. Each party shall retain the option of satisfying its insurance obligations herein through use of a program of commercial or self-insurance coverages, or any combination thereof. Each party's insurance shall be primary to and not contributing with any insurance or self-insurance programs maintained by the other, and shall be maintained at each party's own expense. (1) The CITY shall maintain: General Liability insurance (written on ISO policy form CG 00 01 or its equivalent) with limits of not less than $1 million per occurrence and $2 million aggregate; Workers Compensation insurance to meet statutory requirements, and including Employers' Liability coverage with limits of not less than $1 million each; Professional Liability covering liability arising from any error, omission, negligent or wrongful act of the CITY with limits of not less than $1 million per occurrence and $2 million aggregate; and Property Coverage providing Special form ("all-risk") coverage in an amount equivalent to the full replacement value of the CITY Fire Stations and applying to CITY- owned and leased real property. The CITY agrees to name the FIRE DISTRICT as an additional insured on its insurance policies. (2) The FIRE DISTRICT shall maintain: General Liability insurance (written on ISO policy form CG 00 01 or its equivalent) with limits of not less than $1 million per occurrence and $2 million aggregate; Automobile Liability insurance (written on ISO policy form CA 00 01 or its equivalent) with a limit of liability of not less than $1 million for each accident; Workers Compensation insurance to meet statutory requirements, and including Employers' Liability coverage with limits of not less than $1 million each incident; and Professional Liability covering liability arising from any error, omission, negligent or wrongful act of the FIRE DISTRICT with limits of not less than $1 million per occurrence and $2 million aggregate. The FIRE DISTRICT agrees to name the CITY as an additional insured on its insurance policies. (H) The FIRE DISTRICT shall not be liable for any damages to any of the CITY Fire Stations which results from any seismic events, natural disasters, civil disturbances, or acts of -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 God. Should any such event occur that makes any of the CITY fire stations uninhabitable and/or non-operational, the CITY shall immediately find temporary quarters for the FIRE DISTRICT to operate out of until the CITY can repair the affected CITY fire station(s). (I) The FIRE DISTRICT and the CITY, respectively, shall be fully responsible for any repairs or any damages arising from the intentional or negligent acts of their respective personnel. Disputes regarding implementation of this provision shall be resolved pursuant to Section III, Subsection (N). SECTION VI. INDEMNIFICATION Except as specifically otherwise provided in this Agreement, neither party shall be liable for the negligent or wrongful acts of the other in the performance of this Agreement. (A) The CITY agrees to indemnify, defend, and hold harmless the FIRE DISTRICT and the County of Los Angeles, hereinafter referred to as “COUNTY”, their elected and appointed officials, officers, agents, and employees from any and all liability and expenses, including defense costs and legal fees, arising from or connected with claims and lawsuits arising from the negligent or wrongful acts of the CITY in the performance of this Agreement including any matters relating to the separation from CITY service by the CITY employees transferring to the FIRE DISTRICT as specified on Schedules 7 and 11 herein. (B) The FIRE DISTRICT agrees to indemnify, defend, and hold harmless the CITY, its elected and appointed officials, agents, officers, and employees from any and all liability and expenses, including defense costs and legal fees, arising from or connected with claims and lawsuits arising from the negligent or wrongful acts of the FIRE DISTRICT in the performance of this Agreement. SECTION VII. PERSONNEL (A) SWORN EMPLOYEES (1) Appointment - Subject to the provisions of the California Government Code, Section 1031 and the Los Angeles County Code Section 6.02.040, the FIRE DISTRICT agrees to appoint, without further civil service examination, those CITY firefighter series employees, hereinafter referred to as "sworn employees," specified on Schedule 7, attached hereto and -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 made a part hereof, who have successfully completed six (6) months service with the CITY, exclusive of temporary or reserve fire fighters. Sworn employees' service with the CITY must include actual firefighting experience in a permanent fire fighter position. The date of hire that establishes the sworn CITY employees’ continuous service date in a safety capacity with the CITY shall be utilized for purposes of the mandatory retirement age for transferring safety employees. (2) Probation - All CITY sworn employees on probation will remain on probation until completing the FIRE DISTRICT probationary period and requirements. (3) Positions - CITY sworn employees qualified pursuant to this Section VII are fully identified on Schedule 7 attached hereto and are subject to the terms and conditions of this Agreement. CITY sworn employees shall be employed by the FIRE DISTRICT in the number and status as follows: Number Fire District Status 9 Captain 11 Fire Fighter Specialist Remaining Fire Fighter The actual number of transferring CITY employees employed by the FIRE DISTRICT as a Fire Fighter will be based on the number of transferring employees at the time of transition to FIRE DISTRICT service. The CITY shall designate sworn employees to be assigned to the Captain, Fire Fighter Specialist, and Fire Fighter positions indicated above. Any CITY designated employee shall be eligible for the assigned position if the employee has held the position being designated to or a higher position in the service of the CITY. A duly authorized representative from the Vernon Firefighter’s Association, Local 2312 (VFA) and the Vernon Fire Management Association (VFMA) shall approve, in writing, the appointment of the personnel designated to the ranks of Captain and Fire Fighter Specialist as listed on Schedule 7 attached. Once approved by the VFA and VFMA, these designations shall become final and not subject to change unless a CITY sworn employee designated on the list does not transfer to the FIRE -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DISTRICT. The CITY shall indemnify, defend, and hold harmless the FIRE DISTRICT from any claims, liabilities, damages, costs, or expenses of any nature whatsoever related to the designation of transferring employees’ ranks by the CITY. (4) Firefighting Experience - CITY sworn employees to be assigned to the position of Fire Captain shall have a minimum of five (5) years' firefighting experience. The CITY represents and warrants that those employees assigned Fire Captain positions have a minimum of five (5) years' firefighting experience. (5) Driving Skills - All CITY sworn employees who are to be assigned fire apparatus operation responsibilities as Fire Fighter Specialists will be tested and trained, as may be required by the FIRE DISTRICT. Any CITY sworn employee who does not initially qualify in fire apparatus operations prior to the commencement date of services will be assigned other duties. After being provided training by the FIRE DISTRICT, transferring Fire Fighter Specialists will be required to pass a fire apparatus operations test. Fire Fighter Specialists who do not pass the fire apparatus operations test may be demoted at the sole discretion of the FIRE DISTRICT. (6) Driver License - As a condition of employment, all CITY sworn employees will be required to have a Class C Driver License with fire fighter endorsements as the minimum standard driver license obtained from their state of residence. If the employees' state of residence does not issue a firefighter endorsement, the employee shall acquire a commercial license appropriate to the vehicle being driven. No employee shall have license restrictions which would prevent him/her from performing his/her employment duties. (7) EMT-1 Training - Sworn members of the FIRE DISTRICT are required to be certified as Emergency Medical Technician I (EMT-1). The CITY certifies that all CITY sworn employees transferring to the FIRE DISTRICT shall have current EMT-1 certification, current continuing education (CE), and certified skills (CS) testing. Current CE shall be defined as the equivalent of one (1) hour of CE for each month that has elapsed since the last recertification date. Current CS shall be defined as twelve (12) skills tests during a 24-month skills cycle. The CITY shall reimburse the FIRE DISTRICT for any costs incurred by the FIRE DISTRICT -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as a result of non-compliance by any CITY employee of the requirements herein. In addition, all transferring CITY paramedics who desire to transfer to the FIRE DISTRICT as a paramedic must complete 24 hours a year, or 48 hours during their 2-year cycle of paramedic CE, including skills testing, and the FIRE DISTRICT’s re-activation class which consists of up to three (3) days of classroom and five (5) or more shifts of internship (i.e. ride-alongs) on a FIRE DISTRICT paramedic squad. Any transferring paramedic who does not successfully pass this re-activation class and/or who has any pending action against them by the County’s Emergency Medical Services Authority, or the State’s Local Emergency Medical Services Agency would be ineligible to function as a paramedic with the FIRE DISTRICT. At the time of transition to the FIRE DISTRICT, all transferring employees shall provide documentation certifying that all CE and CS are up-to-date and completed. (8) Seniority - This Agreement will result in the creation of forty-one (41) additional FIRE DISTRICT sworn positions. More than forty-one (41) sworn employees may be transferring from the CITY to the FIRE DISTRICT. Pursuant to Section 53292 of the California Government Code and except as specified in Section VII, Subsection (C), paragraph (10) herein, so as not to impair the seniority rights of FIRE DISTRICT sworn employees, as a result of the forty-one (41) newly created sworn positions, only forty-one (41) CITY sworn employees with the most CITY Fire Department continuous service time will receive FIRE DISTRICT seniority rights and COUNTY seniority. In the event any two or more transferring CITY employees have the same continuous service date with the CITY Fire Department, the CITY shall use whatever method currently utilized by the CITY to determine the manner in which the seniority for those affected employees shall be established. FIRE DISTRICT seniority is principally used for transfer bidding rights and, for these forty-one (41) positions, will be based on continuous service time in the firefighter series with the CITY’s Fire Department. COUNTY seniority, which as defined in Los Angeles County Civil Service Rule 2.15 as "continuous service," is principally used for purposes of determining the order of layoff or reduction. Also as defined in Section 6.04.040 of the Los Angeles County Code, "continuous service" is principally used for purposes of determining rights to some types -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of paid leave. For these forty-one (41) positions, continuous service will include all continuous service time with the CITY, including any continuous non-permanent time. The assigned FIRE DISTRICT and COUNTY seniority dates for any remaining sworn employees will be the commencement date of services with the FIRE DISTRICT. They will be placed on the FIRE DISTRICT seniority list and also assigned a COUNTY continuous service date in order of their relative service time with the CITY. All CITY and FIRE DISTRICT seniority will be considered for all purposes, except for those individuals beyond the forty-one (41) additional sworn positions for which CITY seniority shall not count for purposes of bidding rights, vacation schedules, and to determine the order of layoff or reduction. As those CITY sworn employees with full FIRE DISTRICT and COUNTY seniority rights leave FIRE DISTRICT service, any remaining sworn employees will be assimilated into full FIRE DISTRICT and COUNTY seniority status based on their time in service as sworn CITY/FIRE DISTRICT employees, with the exception of those employees who fall under the provision of Section VII, Subsection (C), paragraph (10) herein. (9) Promotional Exams - All non-probationary transferring sworn employees shall be immediately eligible for promotional examination within the FIRE DISTRICT. All time in rank as a sworn CITY and/or FIRE DISTRICT employee shall be considered for purposes of determining eligibility for promotional examination. (10) Longevity Bonus - For purposes of determining eligibility for the FIRE DISTRICT's Fire Fighter longevity bonus for those CITY employees blanketed-in to FIRE DISTRICT in the Fire Fighter classification, all continuous CITY service time in the Fire Fighter or successive promotional classifications shall be deemed as fulfilling the required aggregate service time for longevity bonus entitlement, except as provided in Section VII, Subsection (C), paragraph (10) herein. (11) Training Records – The CITY will provide the FIRE DISTRICT with complete training records of all CITY sworn employees to be transferred to the FIRE DISTRICT pursuant to this Agreement. -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (B) NON-SWORN EMPLOYEES (1) Appointment – The FIRE DISTRICT may agree to appoint without further civil service examination non-Fire Fighter series employees, hereinafter referred to as "non-sworn employees", who have successfully completed six (6) months continuous service with the CITY and who shall be listed on Schedule 11, attached hereto and made a part hereof. All non- sworn employees shall successfully complete a probationary period consistent with Los Angeles County Civil Service Rules. (2) Seniority - Since non-sworn positions are not being created as a result of this annexation, the FIRE DISTRICT and COUNTY seniority date for all transferring non-sworn CITY employees, which is primarily used for the purpose of determining the order of layoff or reduction, shall be the commencement date of services. (C) ALL EMPLOYEES (1) Medical Exam & Background Investigation - Prior to the commencement date of services, as a condition of the FIRE DISTRICT employment, each CITY employee must be medically qualified by a FIRE DISTRICT-administered physical examination, which includes a drug screening component, and must pass the FIRE DISTRICT’s background investigation. Any CITY employee who is on medical leave of absence on the commencement date of services shall be blanketed into FIRE DISTRICT if he/she passes the required medical examination and background investigation upon termination of medical leave. The FIRE DISTRICT retains the right to not accept any CITY employee in its sole discretion upon completion of the employee’s medical exam and background investigation. In such case, the CITY employee’s rights, obligations and status as a CITY employee shall be dictated by CITY rules and regulations. (2) Salary Step Placement - For the purpose of determining an employee's FIRE DISTRICT salary step placement, "CITY salary" shall be defined as all monthly earnings that are eligible towards CITY retirement credit, excluding any compensation for unused benefit days or holidays, uniform allowances, and all overtime earnings. The employee's initial salary step placement shall not be less than his/her CITY salary as defined in this Section VII, -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Subsection (C), paragraph 2. Paramedic bonuses shall be excluded from “CITY salary” for those employees who transfer to the FIRE DISTRICT into a “Fire Fighter” position. Any transferring employees who are assigned to “Fire Fighter Paramedic” positions will be entitled to receive the applicable FIRE DISTRICT paramedic bonus. Paramedic bonuses will be included in the “CITY salary” for those employees who transfer to the FIRE DISTRICT into a “Fire Fighter Specialist” or “Captain” position pursuant to this Section VII, Subsection (A), paragraph (3) and who are receiving a paramedic bonus in the CITY at the time of transfer to the FIRE DISTRICT. In the event any employee transferring to the FIRE DISTRICT into a “Fire Fighter Specialist” or “Captain” position is subsequently assigned to a paramedic position in the FIRE DISTRICT, the employee’s salary will be recalculated to eliminate the amount of his CITY paramedic bonus and to include the applicable FIRE DISTRICT paramedic bonus. All other bonuses, other than paramedic bonuses, will be considered by the FIRE DISTRICT in its discretion for inclusion in the determination of an employee’s FIRE DISTRICT salary placement but is not guaranteed. The ultimate decision regarding the inclusion of bonuses rests with the FIRE DISTRICT in its discretion. (a) Sworn Employees - Except as provided in Section VII, Subsection (C), paragraphs (9) and (10), all continuous service time accrued as a sworn employee in the service of the CITY shall be considered for the purpose of determining COUNTY employee benefits including sick leave, vacation, step placement on the applicable COUNTY salary schedule, and the pensionability of their Flexible Benefits income. Salary step placement of sworn employees shall be within the salary range of the FIRE DISTRICT position assigned, but no less than the salary step that provides for the same salary or next higher salary as the sworn employee's CITY salary as defined in this Section VII, Subsection (C), paragraph 2. Subsequent salary step advances, if applicable, shall be one (1) year from the last step advance with the CITY or in accordance with COUNTY policy, whichever is sooner. In the event that the sworn employee's CITY salary is higher than the top step of the COUNTY salary range, the sworn -25- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 employee will be placed on the top step of that range, but shall be Y-Rated in order to maintain the same level of base salary as the employee had with the CITY. A sworn CITY employee's Y- Rate shall remain in effect until the regular salary including any bonuses exceeds the Y-Rate amount. Y-Rated employees shall not be eligible for bonuses in addition to their Y-Rated salary. Sworn employees who have accrued CITY service time in a non-sworn position shall have such non-sworn service time considered for purposes of determining COUNTY seniority date and benefits, but not salary step placement. (b) Non-Sworn Employees - Except as provided in Section VII, Subsection (C), paragraphs (9) and (10), all continuous service time accrued as a non-sworn employee in the service of the CITY shall be considered for all purposes except for bidding rights for work and vacation schedules, and to determine the order of layoff or reduction. Salary placement of non-sworn employees shall be within the salary range of the FIRE DISTRICT position assigned, and at the salary step that provides for the same salary or next higher salary as the employee's CITY salary as of the commencement date of services through this Agreement. In the event that the employee's CITY salary is higher than the top step of the COUNTY salary range, the employee will be placed on the top step of that range, but shall be Y-Rated so that no loss in pay occurs. (3) Taxes - This Agreement does not exempt transferring CITY employees from applicable payroll taxes required of new employees, such as Health Insurance Tax (HIT). (4) Uniforms - CITY issued uniforms and safety equipment that meet FIRE DISTRICT standards shall be transferred to the FIRE DISTRICT with the transferring employees. CITY uniforms will be supplemented by FIRE DISTRICT issued uniforms and/or safety equipment necessary to meet FIRE DISTRICT requirements. The CITY shall assume all costs for supplementing uniforms and safety equipment that do not meet FIRE DISTRICT standards. Such costs shall be included on Schedule 4, as soon as available. Subsequent uniform issues will be as provided for in the current Memorandum of Understanding for the respective employee representation units entered into between the County of Los Angeles and the certified employee organizations, if applicable. -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (5) Personnel/Medical/Time Records - As a condition of FIRE DISTRICT employment, CITY employees must consent to the transfer of complete original personnel and employment medical records to the FIRE DISTRICT. The CITY will provide the FIRE DISTRICT with complete and original personnel and employment medical records of all CITY personnel to be transferred pursuant to this Agreement, including any employee’s complete original Workers’ Compensation files, all claims for disability compensation, and all additional documentation related to open claims which remain ongoing after the date of transfer of the CITY employees to the FIRE DISTRICT, which shall be the commencement date of services. In addition, the CITY will provide the FIRE DISTRICT with a minimum of one (1) year's time records of "hours worked" prior to the commencement date of services for all CITY personnel to be transferred pursuant to this Agreement. Each transferring employee shall certify to the FIRE DISTRICT the completeness of his/her personnel file. (6) Vacation and Holiday Shifts/Days – The CITY shall pay to the FIRE DISTRICT in the manner set forth in Section III, Subsection (P) herein for transferred vacation benefit shifts/days for transferring employees at the CITY's salary rates in effect on the commencement date of services. The CITY may transfer holiday benefit shifts/days for transferring employees at the CITY’s discretion. The CITY shall transfer in whole hours all vacation benefit shifts/days an employee is entitled to in CITY employment to a maximum of twenty (20) vacation days, i.e one hundred sixty (160) hours for employees assigned to a 40- hour work schedule, or ten (10) shifts, i.e, two hundred forty (240) hours for employees assigned to a 24-hour shift schedule, whichever is applicable. The CITY may transfer in whole hours all holiday benefit shifts/days an employee is entitled to in CITY employment to a maximum of twenty (20) holiday days i.e one hundred sixty (160) hours for employees assigned to a 40-hour work schedule, or ten (10) shifts, i.e, two hundred forty (240) hours for employees assigned to a 24-hour shift schedule,whichever is applicable. Vacation and holiday benefit shifts/days are outlined in Schedules 8 and 9, respectively, for sworn personnel and Schedules 12 and 13, respectively, for non-sworn personnel, which are attached hereto and made a part hereof. CITY salary rates for reimbursement to the FIRE DISTRICT are defined in -27- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 this Section VII, Subsection (C), paragraph (2). Transferring CITY employees shall accrue vacation benefits each pay period. Pay periods are the 1st day of each month to the 15th day of that month, and the 16th day of each month to the last day of that month. The amount of vacation benefits accrued by each transferring CITY employee shall be based on the transferring employees’ continuous service time as a sworn employee of the CITY. Transferring CITY employees may use their accrued vacation benefits during the pay period immediately following the pay period in which the benefits are accrued, notwithstanding the employees’ assigned COUNTY seniority. (7) Sick Shifts/Days – The CITY shall pay to the FIRE DISTRICT in the manner set forth in Section III, Subsection (P) herein for transferred sick benefit shifts/days for transferring employees at the CITY's salary rates in effect on the commencement date of services. The CITY shall transfer in whole hours all sick benefit shifts/days an employee is entitled to in CITY employment to a maximum of twelve (12) sick days, i.e, ninety-six (96) hours for employees assigned to a 40-hour work schedule, or six (6) shifts, i.e, one hundred forty-four (144) hours for employees assigned to a 24-hour shift schedule, whichever is applicable. Sick benefit shifts/days are outlined in Schedule 10 for sworn personnel and Schedule 14 for non-sworn personnel, which are attached hereto and made a part hereof. The CITY salary rates for reimbursement to the FIRE DISTRICT are defined in this Section VII, Subsection (C), paragraph (2). (8) Waiver of Accumulated Benefits – The FIRE DISTRICT shall not assume any responsibility for personnel benefits or CITY obligations accrued by CITY employees prior to the commencement date of services, except as expressly provided for in this Agreement. The CITY shall provide a waiver for said accumulated benefits executed in favor of the FIRE DISTRICT by each CITY employee as a condition of employment by the FIRE DISTRICT. It is further understood that employees subject to this Agreement shall become eligible for vacation, sick, and holiday time while in FIRE DISTRICT service only as provided in the FIRE DISTRICT Salary Resolution, Los Angeles County Salary Ordinance, or as designated in Section VII herein. -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (9) Los Angeles County Employees Retirement Association a) All sworn employees subject to this Agreement will, on the first day of the month following the date they are appointed to a position in the FIRE DISTRICT, become members of the Los Angeles County Employees Retirement Association (LACERA) Plan C for Safety Members or any other Safety Plan as permitted by the County Employees’ Retirement Law of 1937 (CERL) and the Public Employees’ Pension Reform Act of 2013 (PEPRA). b) All non-sworn employees subject to this Agreement will, on the first day of the month following the date they are appointed to a position in the FIRE DISTRICT, become members of Plan G for General Members or one (1) of the other non-safety LACERA plans available at the time of the commencement date of services pursuant to the provisions of CERL and PEPRA. c) Service performed by such sworn and non-sworn personnel while employees of the CITY shall not be credited as retirement service with LACERA, and except as provided in California Government Code Sections 31836.1 and 31836.2, shall not be counted for the purpose of discontinuing contributions after thirty (30) years of continuous service pursuant to Government Code Sections 31625.2 and 31664, to the extent applicable, and shall not be counted for the purpose of determining health insurance premiums charged to LACERA retirees. (10) Retirement from Public Employees Retirement System – Transferring CITY employees would be required to leave retirement contributions on deposit with the California Public Employees Retirement System (CalPERS) and establish reciprocity with LACERA, limiting the FIRE DISTRICT’s retirement benefit costs. The transferring employees’ LACERA contribution rates would be based on their age upon entering the CalPERS system. The FIRE DISTRICT’s rate structure for salary and employee benefits includes a component for retirement costs for positions staffing CITY stations; therefore, the FIRE DISTRICT cost would be offset. At the time of retirement, a reciprocal member would receive retirement benefits from both agencies based on the benefits of reciprocity, such as adding service credit under each system to determine eligibility to retire. Any CITY employee who retires from CalPERS -29- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prior to the commencement date of services will not be accepted for FIRE DISTRICT employment. In the event a transferring employee opts to retire from CalPERS at any time while in the employment of the FIRE DISTRICT, such employee shall forfeit all of his/her continuous service time with the CITY, including all service time with the CITY Fire Department, for purposes of determining FIRE DISTRICT and COUNTY seniority and COUNTY employee benefits and step placement pursuant to Section VII, Subsection (A), paragraphs (8) and (10), and Section VII, Subsection (C), paragraph (2). The FIRE DISTRICT and COUNTY seniority date for any employee retiring from CalPERS pursuant to this paragraph (10) of Subsection (C) of Section VII shall immediately become the commencement date of services, any longevity bonus received by the employee which is based on continuous time with the CITY will be eliminated from the employee’s salary, any Y-Rated salary will be eliminated, and the employee’s salary will be adjusted and based solely on the employee’s FIRE DISTRICT rank and total time as an employee with the FIRE DISTRICT. Such employees must also be medically qualified by a FIRE DISTRICT-administered physical examination as required of newly hired fire fighters. (11) Workers' Compensation - California Labor Code Sections shall govern Workers' Compensation benefits for all transferring CITY employees who sustain industrial injuries. Notwithstanding Section 5500.5 et seq. of the California Labor Code, the CITY agrees to reimburse the FIRE DISTRICT for the FIRE DISTRICT’s proportionate share of all medical, legal, administrative, and any other indemnity costs for which the FIRE DISTRICT shall be liable for those industrial injuries apportionable in whole or in part to employees' employment with the CITY. The CITY’s responsibility as provided for herein shall not be affected by any change in Federal or State law. The CITY and the FIRE DISTRICT shall cooperate in the ongoing management of any Workers’ Compensation claims pending, filed, during the time CITY personnel are employed by the FIRE DISTRICT by providing such information as is necessary for the CITY and/or the FIRE DISTRICT to appropriately manage a Workers’ Compensation claim filed by a -30- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FIRE DISTRICT employee previously employed by the CITY. The CITY shall notify the FIRE DISTRICT of any claims pending, filed, or denied; and any temporary or permanent work restrictions imposed with respect to an employee who transfers from CITY employment to FIRE DISTRICT employment. The FIRE DISTRICT shall notify the CITY of any claims pending, filed, or denied; and any temporary or permanent work restrictions imposed with respect to an employee who has a pending Workers’ Compensation claim involving the CITY or who asserts a Workers’ Compensation claim during employment with the FIRE DISTRICT upon which the CITY is potentially liable in whole or in part. The CITY shall be responsible for adjusting and paying all costs related to those claims which have been filed or are pending as of the effective date of this Agreement. This responsibility of the CITY is subject to contribution from the FIRE DISTRICT for any post-transfer injury or exacerbation of an existing injury already at issue in a pending Workers’ Compensation claim involving the CITY at the time of transfer. Pursuant to Subsection C, Paragraph S, the CITY shall provide Workers’ Compensation related files on all employees transferring to the FIRE DISTRICT. (12) Health Insurance – The CITY shall continue to provide the existing coverage of paid medical and dental insurance for all employees transferring to the FIRE DISTRICT for one (1) full calendar month after the commencement date of services or, for those employees on medical leave with the CITY on the commencement date of services, for at least one (1) full calendar month after the effective date of their blanketing into the FIRE DISTRICT. The FIRE DISTRICT shall reimburse the CITY as specified in Section III, Subsection (O). (13) Deferred Compensation Plans - Pursuant to Section 6.02.040 of the Los Angeles County Code, CITY employees transferring to the FIRE DISTRICT shall be eligible for immediate participation in the COUNTY employees' deferred compensation plans for which they may be eligible depending upon their transferred rank, unless such immediate eligibility is otherwise prohibited by Federal or California statute or regulation. (14) Marriage and Birth Certificates – For purposes of completing the background investigations pursuant to Section VII, Subsection (C), paragraph (1) herein and for verification of eligibility of health insurance coverage, prior to the commencement date of services as -31- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 determined by the FIRE DISTRICT, all transferring CITY employees will be required to provide copies of their marriage certificates and the birth certificates for themselves and all dependents who will be covered under their health insurance benefits. (15) FIRE DISTRICT Employees' Rights - The employment rights of existing FIRE DISTRICT employees shall not be impaired by this Agreement. SECTION VIII. ENVIRONMENTAL QUALITY CONTROL (A) The FIRE DISTRICT shall be responsible to comply with the provisions of the California Environmental Quality Act of 1970 (CEQA), insofar as the same may apply to annexation proceedings required in annexing the CITY to the FIRE DISTRICT. The FIRE DISTRICT agrees to hold the CITY free and harmless from any and all claims, demands, or judgments arising out of the FIRE DISTRICT's failure to comply with the provisions of CEQA, relative to annexation procedures. (B) Prior to the commencement date of services, the CITY shall have a Cal-OSHA Registered Environmental Assessor perform a Phase I Site Assessment and Building Asbestos Survey and, if subsequently required, a Phase II Site Assessment on all CITY Fire Station facilities to be occupied by the FIRE DISTRICT pursuant to Schedule 3 attached hereto. All Site Assessments and related reports shall be reviewed, approved, and accepted by the FIRE DISTRICT. (C) The CITY shall, at its sole expense, mitigate and abate all environmental hazards (if any) at the CITY Fire Station sites prior to the commencement date of services and provide evidence to the satisfaction of the FIRE DISTRICT that all recommended measures have been completed and that all applicable laws and requirements have been complied with. Any residual contamination or environmental damage from conditions on or adjacent to CITY Fire Stations which existed before the commencement date of services but which are discovered after the commencement date of services, shall be the responsibility of the CITY. (D) The FIRE DISTRICT shall, at its sole expense, mitigate and abate all environmental damage (if any) caused by the FIRE DISTRICT or its agents at any of the CITY Fire Stations after the commencement date of services. -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (E) Prior to occupancy of the CITY Fire Stations by the FIRE DISTRICT, the FIRE DISTRICT shall inspect the facilities and identify all hazardous materials stored at the facilities for which the CITY shall be responsible for removal. The CITY shall remove all identified hazardous materials prior to FIRE DISTRICT occupancy of the CITY Fire Stations. If, after FIRE DISTRICT occupancy of the CITY Fire Stations, stored hazardous materials are discovered by the FIRE DISTRICT which were not previously identified during the above inspection, the CITY shall remove said materials within thirty (30) days after written notice by the FIRE DISTRICT to the CITY, or the FIRE DISTRICT may remove the materials and invoice the CITY for the costs of such removal. In the event such hazardous materials pose an immediate danger to human health or the environment as determined by the FIRE DISTRICT, such materials shall be removed immediately by the CITY upon notification by the FIRE DISTRICT to the CITY. SECTION IX. HAZARDOUS MATERIALS RELEASE RESPONSE PLAN AND INVENTORY (A) CITY will continue to act as the administering agency for the CITY’s Hazardous Materials Release Response Plan and Inventory, California Health and Safety Code Chapter 6.95, Sections 25500 – 25545, hereinafter referred to as the “Program” during the term of this Agreement. (B) The CITY shall retain all fees collected in the administration of the Program as provided by State law. (C) When the FIRE DISTRICT’s Health/Hazardous Materials Emergency Response Teams respond to a hazardous materials incident in the CITY, the FIRE DISTRICT will subsequently invoice the CITY on an as-call basis for the costs associated with the response team unit(s) responded. Payments by the CITY of invoices for all such hazardous materials emergency incident response team responses shall be made pursuant to the provisions of Section III herein. SECTION X. ADOPTION OF LOS ANGELES COUNTY FIRE CODE Pursuant to Los Angeles County Fire Code - Title 32, Sections 10000.1 and 10000.2, -33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 and California Health and Safety Code Section 13869, as may be subsequently amended, upon annexation of the CITY to the FIRE DISTRICT, the County of Los Angeles Fire Code - Title 32, including any subsequent amendments to such code, shall be enforced in the CITY by the FIRE DISTRICT. By ordinance, the CITY shall adopt the County of Los Angeles Fire Code – Title 32 as of the commencement date of services. This ordinance will adopt all existing CITY amendments to the County of Los Angeles Fire Code – Title 32 as a separate attachment. The FIRE DISTRICT will enforce applicable amendments specific to the CITY. Where differences occur between the Los Angeles County Fire Code – Title 32 and the amendments adopted by the CITY, the CITY amendments will take precedence unless an impracticality of enforcement is determined by the FIRE DISTRICT in its sole discretion, in which case the FIRE DISTRICT and the CITY shall work towards establishing a mutually agreeable resolution. SECTION XI. MODIFICATION OF SCHEDULES (A) With the exception of Schedule 2, all schedules attached hereto and incorporated herein by reference will be subject to modification by mutual agreement of the CITY ADMINISTRATOR and FIRE CHIEF of the FIRE DISTRICT as needed after the date of approval of this Agreement by both parties. (B) The staffing levels as indicated on Schedule 2 may be subject to modification by mutual written agreement of the CITY COUNCIL and FIRE CHIEF of the FIRE DISTRICT. Any such modification of staffing levels may cause an adjustment in the determination of the Annual Fee as specified in Section II, Subsection (L) herein. /// SECTION XII. WITHDRAWAL (A) In the event the CITY terminates this Agreement and withdraws from the FIRE DISTRICT at any time subsequent to the Initial Ten-Year Term, per the provisions of Section I, herein, the FIRE DISTRICT and the CITY agree that: (1) The lease on the fire stations shall terminate and the FIRE DISTRICT shall vacate the CITY Fire Stations on the effective date of withdrawal except as provided for in a -34- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 subsequent written agreement as may be entered into by the CITY and the FIRE DISTRICT. (2) The FIRE DISTRICT shall return to the CITY, fire apparatus, vehicles and related fire apparatus equipment of a comparable type, condition, and age, in the quantity and type as described on Schedule 5 as of the commencement date of services. (3) The FIRE DISTRICT shall return to the CITY Fire Station equipment, furniture, tools, and furnishings of a comparable type and condition as of the commencement date of services, which are essential to the operation of the fire station facilities and are detailed in Schedule 6. (4) As to any apparatus, vehicles, equipment, tools, furniture, furnishings, or other personal property for which a monetary or in-kind credit was given to the CITY upon the effective date of this Agreement, the FIRE DISTRICT will not be obligated in any manner to return comparable items to the CITY at the date of withdrawal of this Agreement. (B) In the event of the termination of the Agreement by either party as provided herein, the FIRE DISTRICT and the CITY agree to enter into separate and further agreements to address the specific details of termination not addressed in this Agreement. SECTION XIII . GOOD FAITH AND FAIR DEALING The FIRE DISTRICT and the CITY covenant and warrant to act in good faith and fair dealing regarding the performance, administration, and interpretation of this Agreement. SECTION XIV. GENERAL PROVISIONS (A) Severability – In the event that any provision herein contained is held to be invalid, void, or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. (B) Waiver – No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any breach of the same or any other provision hereof. -35- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (C) Entire Agreement – This Agreement constitutes the entire agreement between the parties relating to the subject matter of this Agreement, and supersedes any prior understanding whether oral or written and may be modified only by further written agreement between the parties hereto. The non-enforceability, invalidity or illegality of any provision of this Agreement shall not render the other provisions thereof unenforceable, invalid or illegal. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// -36- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the CITY, by majority vote of its City Council, has caused this Agreement to be executed by its Mayor and which execution has been attested to by its Clerk; pursuant to action by a majority vote of the Board of Supervisors, as governing body of the FIRE DISTRICT, the Chair has executed this Agreement on behalf of the FIRE DISTRICT and which execution has been attested to by its Clerk. CONSOLIDATED FIRE PROTECTION CITY OF VERNON DISTRICT OF LOS ANGELES COUNTY By ______________________________ By _____________________________ Chair, Board of Supervisors Melissa Ybarra, Mayor DATE ___________________________ DATE __________________________ ATTEST: ATTEST: CELIA ZAVALA Executive Officer-Clerk of The Board of Supervisors By _____________________________ By _____________________________ Deputy Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: MARY C. WICKHAM County Counsel By ____________________________ By _____________________________ Christina Angeles, Principal Deputy Hema Patel, City Attorney F\Planning|Vernon\Annexation Agreement Draft Fire Service OptionsHigh Quality ServicesCUPA In-HouseFire Inspectors In-HouseSpecialized Services (USAR, Hazmat)Mutual Aid AccessLayered Circles of Coverage in 5-Mile RadiusCost SavingsBureaucratic LayeringRobust EOC Training ProgramLA County FireXXXXXXXXXVernon Fire “17” ModelXXXXX XVernon Fire “15” ModelXXXXX XVernon Fire “21” (Existing Model)XXXXX·         Class 1 Certified ISO rating (only for Vernon Fire "21" and "17" models).·         Although LA County Fire is not certified as Class 1, the service to be provided is comparable to a Class 1 rating, as certain criteria used to calculate the ISO rating will remain at a high level due to existing Vernon infrastructure.Disadvantages of the Vernon Fire model include:·        High costs for service that will continue to increase into the future (approximately $37 million more over five years);·        Lesser Circles of Coverage/limited access to external firefighter resources.·        A need to raise taxes and/or fees for Vernon stakeholders to sustain a Vernon Fire Service model; and Benefits of maintaining Vernon Fire model should also be considered and include:·         Direct control over labor negotiations and associated costs year over year;·         A seamless integration of the Fire Chief in City Hall and day to day administrative operations;·         Direct daily supervision of Fire personnel; and Some potential disadvantages of LA County service include:·         Less direct control over labor negotiations and associated costs;·         Potentially more bureaucracy in day to day operations; and·         No Fire Chief or administrative staff housed at City Hall. Some key benefits of LA County Fire include:·         Lower costs for the City;·         Circles of Coverage allowing for accessibility to 100+ firefighters within a five mile radius of the City; ·         Dedicated CUPA and Fire Inspectors remain available in Vernon, at the same or higher levels than current staff provide; and City Council Agenda Item Report Agenda Item No. COV-318-2019 Submitted by: Diana Figueroa Submitting Department: City Administration Meeting Date: August 6, 2019 SUBJECT Appointment of Eligible Individuals to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of eligible individuals 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 a current City Council Member to serve on the Vernon CommUNITY Fund Grant Committee in a City Council Seat with a term of July 1, 2019 to June 30, 2021; and C. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in Vernon Area Representative Seat No. 2 with a term of July 1, 2019 to June 30, 2021; and D. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in Vernon Area Representative Seat No. 3 with a term of July 1, 2019 to June 30, 2021; and E. Ratify the Mayor's appointment of Mark Gonzalez to serve on the Vernon CommUNITY Fund Grant Committee to fill an unexpired term in a Legislative Representative Seat until the term expires on June 30, 2020. Background: The Vernon CommUNITY Fund (“VCF”) was established to provide grants that benefit the Vernon community to charitable and governmental entities for projects in the “Vernon Area,” 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 of one of the key elements of the City’s good governance reforms. On February 4, 2014 the City Council adopted Ordinance No. 1218, as amended by Ordinance Nos. 1238 and 1257, and established the Vernon CommUNITY Fund Grant Committee (“Committee”) to provide basic guidelines and operational procedures for the review of grant applications and award of grants from the VCF. The Committee is comprised of seven members and must include: One (1) person who represents an owner or operator of a business located in Vernon; two (2) persons representing members of the California Legislature with districts that include at least a portion of the Vernon Area; three (3) persons that reside or work in the Vernon Area; and one (1) current member of the Vernon City Council. Terms for Committee members are for a period of two years (July 1 to June 30). On June 30, 2019, terms for four (4) of the seats on the Committee expired and need to be filled. Pursuant to Section 2.158 of the Vernon Municipal Code, Committee members shall be appointed by the City Council. Staff publicized the vacancies for each of these seats and has placed the appointment of eligible individuals for three (3) out of the four (4) seats on the agenda for the July 16, 2019 City Council meeting. The City Council is expected to make appointments to fill one (1) vacancy in the City Council Seat, and two (2) vacancies in Vernon Area Representative Seat No. 2 and No. 3. At this time, the fourth vacancy in the Legislative Representative Seat cannot be filled, as no interest forms from individuals that desire to serve were received by staff. A follow up recruitment for the single expired Legislative Representative Seat will be planned in order to fill the vacancy. Vernon Area Representative Seats On or about May 29, 2019, City staff mailed an announcement and corresponding application form to all residents and the owners and/or operators of all businesses located in Vernon. Said application and cover letter were also posted on the City’s website and the City's social media platforms, and are included as attachments to this staff report (Attachment 1). As of the application deadline, two (2) completed applications were received. The completed applications 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 and their affiliation with the Vernon Area are listed below: 1. Steven Froberg - Resident 2. Michael Gavina - Purchasing Director, Gavina & Sons, Inc. The City Council must appoint two (2) individuals to serve in each of the Vernon Area Representative Seats. City staff recommends the Council make such appointment from among the two (2) candidates presented above in this staff report, as each has expressed an interest to serve on the Committee. The term for each seat will expire June 30, 2021. Unexpired Legislative Representative Seat On or about June 21, 2019, Committee Member David Juarez notified City staff that he was resigning from his position on the Vernon CommUNITY Fund Grant Committee due to his acceptance of a position outside of the state legislature, and his consequential exodus from Assemblymember Santiago's Office. In light of his premature departure, staff inquired with Assemblymember Santiago's Office to determine if an alternate staff member would be available to serve on the Committee in place of Mr. Juarez. Assemblymember Santiago recommended District Director Mark Gonzalez to serve as a member of the Committee, and official communication from his office notifying the City of this recommendation was provided (Attachment 3). In the event that any Grant Committee member resigns, the Mayor shall select for ratification by a majority of the City Council, a successor with the same qualifications to serve the unexpired term, pursuant to Section 2.160(c) of the Vernon Municipal Code. As such, the Mayor has selected Mark Gonzalez, District Director for Assemblymember Santiago, to complete the current term of Committee Member David Juarez. The term for this seat will expire June 30, 2020. Next Steps The Vernon CommUNITY 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 new Committee members, the City Clerk will administer Oaths of Office as necessary, prior to their participation in a Vernon CommUNITY Fund Grant Committee meeting. City staff will also schedule an orientation and/or training session as required or appropriate. Fiscal Impact: There is no cost associated with the appointment of individuals to serve on the Vernon CommUNITY Fund Grant Committee. ATTACHMENTS 1. Announcement to Individuals that Reside or Work in the Vernon Area and Prospective Committee Member Interest Form 2. Two Completed Interest Forms for Vernon Area Representative Seat (Redacted) 3. Official Recommendation for Mark Gonzalez from Assemblymember Santiago CITY ADMINISTRATION 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 Exclusively Industrial May 29, 2019 TO: Individuals that Reside or Work in the Vernon Area *HR Department – please distribute this communication to all employees SUBJECT: Seeking Interested Individuals that Reside or Work in the Vernon Area to Serve on the Vernon CommUNITY Fund Grant Committee Background: The Vernon CommUNITY Fund (“VCF”) was established to provide grants that benefit the Vernon community to charitable and governmental entities for projects in the “Vernon Area,” 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 of one of the key elements of the City’s good governance reforms. The reforms called for the creation of an environmental and community benefit fund and an independent board to award grants to qualified applicants. Composition and Terms: The Committee is comprised of seven members and must include: One (1) person who represents an owner or operator of a business located in Vernon; two (2) persons representing members of the California Legislature with districts that include at least a portion of the Vernon Area; three (3) persons that reside or work in the Vernon Area; and one (1) current member of the Vernon City Council. Terms for Grant Committee appointees are for a period of two years (July 1 to June 30). No appointee shall serve more than three (3) consecutive terms. Invitation to Apply: The City seeks to fill two Vernon Area Representative seats and encourages all qualified individuals to apply. The seats must be filled by individuals that reside or work in the Vernon Area. Those with an interest in good government 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 government 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 Vernon City Code available on the City’s website (www.cityofvernon.org). To be considered for appointment to the Vernon CommUNITY Fund Grant Committee, please complete and submit the form on the reverse side of this letter by 5:30pm on June 19, 2019. City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 – Telephone (323) 583-8811 VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form May 29, 2019 Vernon Area Representative Seat (Individuals that Reside or Work in the Vernon Area) Name: _________________________________________ Business Name (if applicable): ___________________________ Title: _________________________________________ Vernon Address: _________________________________ Email: _________________________________________ Phone: _________________________________________ Qualifications and Reasons for Interest 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. Signature: ________________________________ NOTE: Please submit completed form by Wednesday, June 19, 2019 at 5:30 p.m. Mail form to: City Administrator’s Office, 4305 Santa Fe Avenue, Vernon, CA 90058 – Attn: Diana Figueroa Email form to: dfigueroa@ci.vernon.ca.us June 21, 2019 Vernon City Council Vernon City Hall 4305 Santa Fe Avenue Vernon, CA 90058 Re: Letter of Recommendation for Mark Gonzalez to be appointed to the Vernon CommUNITY Fund Grant Committee. Dear Members of the City Council: I write this letter to recommend Mark Gonzalez to be considered as an appointee to replace David Juarez on the Vernon CommUNITY Fund Grant Committee. With David leaving my office, he will no longer be eligible to serve as the Legislative Representative on the Vernon CommUNITY Fund Grant Committee. With his vacancy, I recommend my District Director Mark Gonzalez to be appointed. He has many years of public service experience and will make a great addition to the Vernon CommUNITY Fund Grant Committee. Thank you for your consideration of this request. Please feel free to contact my Chief of Staff, Jaspreet Johl, at (916) 319-2053 or Jaspreet.Johl@asm.ca.gov should you have any questions. Sincerely, S MIGUEL SANTIAGO Assembly Member, 53rd District City Council Agenda Item Report Agenda Item No. COV-334-2019 Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: August 6, 2019 SUBJECT 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: 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 attached resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, to reflect the following provisions: 1) Amend Section 4: Compensatory Time 2) Amend Section 6: Vacation 3) Amend Section 7: Sick Leave 4) Amend Section 10: Jury Duty 5) Amend Section 14: Vision Insurance 6) Amend Section 15: Life Insurance 7) Amend Section 17: California Public Employees Retirement System (CalPERS) Contribution 8) Amend Section 20: Bilingual Pay 9) Amend Exhibit A Classification and Compensation Plan Background: The existing memoranda of understanding (MOU's) between the City of Vernon and the City's six bargaining groups expired June 30, 2019. Pursuant to City Council direction and authority, negotiations with all six bargaining groups began in March 2019. Labor negotiations have been ongoing for successor MOU's. Employees designated as Management, Confidential, and Executive are unrepresented and not covered by a MOU for the purpose of setting salaries and benefits. Wages, hours, and other terms and conditions of employment for unrepresented City employees are set by the Citywide Fringe Benefits and Salary Resolution and its associated exhibits. Based on the direction and authority provided by the City Council, in order to maintain internal equity among classifications in both represented and unrepresented employee groups, and to maintain the City's Classification and Compensation Plan, it is recommended that City Council approve an amended and restated Fringe Benefits and Salary Resolution that reflects the following: Section 4: Compensatory Time is amended to require the use of compensatory time to be taken in six (6) minute increments rather than fifteen (15) minute increments. Section 6: Vacation Time is amended to correct the month in which excess vacation leave is cashed out. Section 7: Sick Leave is amended to correct the month in which excess sick leave is cashed out. Section 10: Jury Duty is amended to clarify the two-week period for which city-paid jury duty is provided is to be equivalent to the standard City Hall work schedule. Section 14: Vision Insurance is amended to reflect the change from a self-funded vision benefit plan to a fully insured benefit plan. Section 15: Life Insurance is amended to more accurately reflect actual benefit levels and cafeteria plan regulations. Section 17: California Public Employees Retirement System (CalPERS) Contribution is amended to reflect that effective the first pay period in July 2019, July 2020, and July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% per year of CalPERS reportable compensation for a total contribution to eleven percent (11%). Section 20: Bilingual Pay is amended to reflect the current practice regarding proficiency testing. Exhibit A: Classification and Compensation Plan is amended to reflect that effective the first full pay period in July 2019, July 2020, and July 2021 the base salaries of classifications designated as Management, Confidential, and Executive shall be increased by 3%. In addition, the amendment to the Classification and Compensation Plan implements salary changes resulting from the approval of the revised MOU's between the City of Vernon and the Teamsters Local 911, the Vernon Police Officers Benefit Association, and the Vernon Police Management Association. Fiscal Impact: The fiscal impact of these proposed changes is approximately $247,626 for fiscal year 2019/2020. Funds have been included in the proposed FY 2019/2020 budget. ATTACHMENTS 1. Resolution - Amended and Restated Citywide Fringe Benefits and Salary Resolution RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON 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 WHEREAS, on June 18, 2019, the City Council of the City of Vernon adopted Resolution No. 2019-17, adopting an amended and restated Citywide Fringe Benefits and Salary Resolution; and WHEREAS, by memorandum dated August 6, 2019, the City Administrator, in conjunction with the Director of Human Resources, has recommended the adoption of an amended and restated Citywide Fringe Benefits and Salary Resolution and Classification and Compensation Plan to amend Exhibit A to the Classification and Compensation Plan, to make the following change effective July 7, 2019: (i) amend Section 4 regarding Compensatory Time, (ii) amend Section 6 regarding Vacation, (iii) amend Section 7 regarding Sick Leave, (iv) amend Section 10 regarding Jury Duty, (v) amend Section 14 regarding Vision Insurance, (vi) amend Section 15 regarding Life Insurance, (vii) amend Section 17 regarding California Public Employee Retirement System (CalPERS) Contribution, (viii) amend Section 20 regarding Bilingual Pay, and (ix) amend Exhibit A Classification and Compensation Plan; and WHEREAS, to reflect the above-referenced changes, the City Council desires to adopt an amended and restated Citywide Fringe Benefits and Salary Resolution, a copy of which is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby - 2 - finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt 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. SECTION 3: Effective July 7, 2019, the City Council of the City of Vernon hereby approves the amended and restated Citywide Fringe Benefits and Salary Resolution to (a) amend Section 4 regarding Compensatory Time, (b) amend Section 6 regarding Vacation , (c) amend Section 7 regarding Sick Leave, (d) amend Section 10 regarding Jury Duty, (e) amend Section 14 regarding Vision Insurance, (f) amend Section 15 regarding Life Insurance, (g) amend Section 17 regarding California Public Employee Retirement System (CalPERS) Contribution, (h) amend Section 20 regarding Bilingual Pay, and (i) amend Exhibit A Classification and Compensation Plan, a copy of which is attached hereto as Exhibit A. SECTION 4: All resolutions or parts of resolutions, specifically Resolution No. 2019-17, not consistent with or in conflict with this resolution are hereby repealed. / / / / / / / / / / / / / / / / / / / / / - 3 - SECTION 5: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of August, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2019, at Vernon, California. Deborah Harrington, Interim City Clerk (SEAL) EXHIBIT A 1 City of Vernon FRINGE BENEFITS AND SALARY RESOLUTION Adopted June 18August 6, 2019 2 TABLE OF CONTENTS FRINGE BENEFITS AND SALARY RESOLUTION PART 1 – FRINGE BENEFITS Introduction: ........................................................................................................ 4 Section 1: Holiday............................................................................................. 5 Section 2: Administrative Leave Time .............................................................. 6 Section 3: Overtime .......................................................................................... 8 Section 4: Compensatory Time ....................................................................... 10 Section 5: Court Time ...................................................................................... 11 Section 6: Vacation.......................................................................................... 12 Section 7: Sick Leave ...................................................................................... 14 Section 8: Family Sick Leave (Kin Care) ........................................................ 17 Section 9: Bereavement Leave........................................................................ 18 Section 10: Jury Duty ....................................................................................... 20 Section 11: Automobile Allowance and Reimbursement for Expenses ............. 21 Section 12: Health Insurance ............................................................................ 23 Section 13: Dental Insurance ............................................................................ 24 Section 14: Vision Insurance ............................................................................. 25 Section 15: Life Insurance ................................................................................. 26 Section 16: Deferred Compensation Plan ......................................................... 27 Section 17: CalPERS Retirement Plan .............................................................. 28 Section 18: Retiree Medical Insurance .............................................................. 30 Section 19: Longevity Program ......................................................................... 32 Section 20: Bilingual Pay ................................................................................... 34 Section 21: Uniform Allowance .......................................................................... 35 Section 22: Stand-by Policy ............................................................................... 36 Section 23: Per Diem ………………………………………………………………...38 PART II – CLASSIFICATION AND COMPENSATION Section 1. Purpose .......................................................................................... 40 Section 2. The Compensation Plan ................................................................. 40 Section 3. The Classification Plan ................................................................... 40 EXHIBIT A – CLASSIFICATION AND COMPENSATION PLAN ................................ 41 3 PART 1 FRINGE BENEFITS 4 INTRODUCTION The Fringe Benefit and Salary Resolution shall apply to all employees and officers of the City of Vernon. Exceptions, additions, and/or limitations to this basic policy may be found in respective Memoranda of Understanding or employment contracts. The existence of these policies shall not create or imply any employment contract or vested right of employees. For those employees covered in respective memoranda of understanding (MOU), the provisions set forth in the applicable MOU shall prevail in the event that there is any conflict between provisions established in this Resolution and any provisions established in the respective MOU. The provisions set forth in this Resolution or as amended from time to time shall be effective upon City Council adoption, unless a specific effective date is stated therein. PART 1 – FRINGE BENEFITS Section 1. HOLIDAYS A. Authorized holidays are as set forth in Table 1, attached hereto and incorporated herein by reference. Municipal offices shall be closed on such holidays. B. The dates for observation of holidays shall be approved by the City Council. C. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday, or Saturday, shall not be granted as an authorized holiday to employees. D. An employee whose regular shift assignment falls on an authorized holiday and who is required to work on that day shall be paid at his/her regular hourly rate of pay for the holiday, plus his/her regular hourly rate including any applicable overtime pay for the actual hours he/she was required to work on the authorized holiday. E. Temporary and part-time employees are not eligible for paid holidays. G. All full-time employees may use vacation time or compensatory time for a religious holiday (not listed herein as an authorized holiday) with the prior approval of the department head. If there is insufficient accumulated time, the employee may request the time as unpaid leave of absence. 5 TABLE 1 - HOLIDAY HOLIDAY January 1st - New Year’s Day 3rd Monday in January - Martin Luther King Jr. Day 3rd Monday in February - Presidents Day March 31st - Cesar Chavez Day The Last Monday in May – Memorial Day July 4th – Independence Day The 1st Monday in September – Labor Day The 2nd Monday in October – Columbus Day November 11th – Veterans Day The 4th Thursday in November - Thanksgiving Day December 24th – Christmas Eve December 25th – Christmas Day December 31st – New Year’s Eve And other days as such designated by City Council. 6 Section 2. ADMINISTRATIVE LEAVE A. Executive and Management - Includes City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors shall receive, effective January 1 of each calendar year, 80 hours of Administrative leave. B. The 80 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. C. Executive and Management staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: D. Mid-Management – Staff who are designated as exempt in accordance with the Fair Labor Standards Act shall receive, effective January 1 of each calendar year, 60 hours of Administrative leave E. The 60 hours may not be carried over into the succeeding calendar year and is lost and not eligible for cash payout if not used by December 31 of each calendar year. F. Mid-Management FLSA exempt staff hired, promoted, or reclassified on or after April 1 of each calendar year shall be eligible to receive pro-rated administrative leave hours during the year of hire as identified below: Hired, Promoted, or Reclassified on or Between Administrative Leave January 1 – March 31 60 hours April 1 – June 30 45 hours July 1 – Sept. 30 30 hours Oct 1 – Dec. 31 15 hours G. All Administrative leave requests should be approved by the department head or City Administrator at least ten days in advance of the date to be taken, although Hired, Promoted, or Reclassified on or Between Administrative Leave January 1 – March 31 80 hours April 1 – June 30 60 hours July 1 – Sept. 30 40 hours Oct 1 – Dec. 31 20 hours 7 the department head retains discretion to approve the use of Administrative Leave in special circumstances. H. The City Administrator or his/her designee may grant additional administrative leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. 8 Section 3. OVERTIME A. It shall be the duty of all department heads to operate their respective departments with a minimum amount of overtime. If the best interests of the City require that an employee work beyond the forty (40) hours of work scheduled, such employee shall be compensated as set forth hereinafter. B. The department head may reschedule the workweek of employees in positions not exempt from the FLSA to allow credit for productive hours actually worked on one day (excluding lunch periods) towards the regular paid workweek schedule. For example, if an employee works twelve (12) hours on one day (based on a ten (10) hour day), the entire twelve hours will be recorded on the time card as paid worked time. In this example, the department may schedule the employee to work only eight (8) hours on one of the other scheduled workdays in the workweek, as long as the employee’s hours for the workweek do not fall below the minimum paid work hours schedule. C. All overtime requests must have prior written authorization of the respective department head or designee prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. D. Except as may be provided in specific memoranda of understanding, employees will be paid overtime at time and a half (1.5) of their regular hourly rate for all eligible hours worked in excess of forty (40) hours in a single workweek. E. Holidays (regular, in-lieu), vacation time, sick leave, compensatory time, paid jury duty leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. F. In the event a part-time or temporary employee is required to work beyond his/her assigned working hours, compensation shall be at the normal hourly rate up to forty (40) hours per workweek. For hours worked beyond forty (40) in a workweek, such employee shall be compensated at the rate of one and one-half of (1.5) said employee’s hourly rate. G. If an employee works on his/her regular day off, the employee will receive paid compensation or receive compensatory time, at the employee’s discretion. With a mutual agreement between an employee and his/her supervisor, an employee’s regular day off may be rescheduled to another day off in the same pay period. I. An employee is expected to begin work no more than five (5) minutes prior to the beginning of his or her scheduled start time, and to stop work no later than five (5) 9 minutes after the end of his or her scheduled ending time. An employee who wishes to begin or end work at a different time must obtain written approval from his or her department head prior to working the different or additional time. J. Straight time and overtime will be compensated in six (6) minute segments of time. K. While overtime should be attempted to be distributed equally amongst all employees in a given classification, the department head retains discretion to assign such overtime. L. The City Administrator, department heads and those management employees designated by the City Administrator as exempt under the provisions of the Fair Labor Standards Act (FLSA) shall not be subject to the provisions of this section relating to overtime, but shall work such hours as may be necessary for the effective operation of their respective departments. M. Please refer to Human Resources Policy, Salary Plan Administration II-3 10 Section 4. COMPENSATORY TIME A. All regular full-time employees may request to accrue compensatory time in lieu of cash payment for overtime worked. The total compensatory time accrued is calculated by multiplying the number of hours of overtime worked by the applicable overtime rate (1, 1.5 or 2), and is subject to the approval of the department head. B. Compensatory time may be accumulated up to a maximum of eighty (80) hours. It is at the employee’s option whether to receive overtime compensation or compensatory time accruals up to the 80-hour limit. C. Compensatory time shall be taken in 615-minute increments. Scheduling of compensatory time requires prior approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. D. Employees who have reached the 80-hour limit shall receive overtime compensation. There are no cash payouts of compensatory time once an employee has elected compensatory accrual. 11 Section 5. COURT TIME A. The required presence in a court of law of any employee subpoenaed to testify in a matter arising within the course and scope of his/her City employment shall be compensated in accordance with the below provisions. B. For each day that the presence of the employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City, the employee shall be given a paid leave of absence. C. For each day an employee is required in a court of law in response to an order or subpoena in relation to an incident or event arising out of the course and scope of employment with the City that is outside of the employee’s regularly scheduled work shift, the employee shall be given a paid leave of absence. D. An employee who needs to appear in court on any other matter not arising out of the course and scope of employment with the City shall be expected to use their accrued paid leave to make such appearance, or unpaid leave if no leave is available. 12 Section 6. VACATION A. Except as provided for in respective memoranda of understanding, every full time employee who has been in the continuous employment of the City shall receive annual vacation leave as set forth in below: Mid-Management and Confidential Staff: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1st year thru 4th year 80 3.08 5th year thru 9th year 100 3.85 10th year thru 14th year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 Executive and Management Staff: Include the City Administrator, City Attorney, City Clerk, City Treasurer and the heads of all Departments as listed in the City Code or City Charter and their respective Deputies and Assistant Directors. Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1st year thru 4th year 120 4.62 5th year thru 10th year 150 5.77 10th year thru 15th year 170 6.54 15th year thru 25th year 185 7.12 25th year and more 190 7.31 B. Mid-Management and Confidential staff shall be allowed to accumulate and carry over to the next calendar year a maximum number of hours equal to the number of hours the employee accrued during the immediately preceding year. In or about January February of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced herein. C. Executive and Management staff shall be allowed to accumulate up to a maximum accrual cap of 480 hours. Upon reaching the 480-hour maximum accrual cap, the employee shall stop accruing vacation leave benefit until such time he/she brings the vacation accrual below the 480-hour maximum accrual. D. Vacation leave shall be scheduled with the approval of the City Administrator or department head or his or her designee by submitting a Leave Request Form in 13 writing, within ten (10) business days before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. E. Vacations shall be approved subject to the needs of the department. The employee’s seniority and wishes will be factors that are considered during the scheduling process. F. Vacation leave requests shall not be in excess of such leave actually earned at the time it is requested or in excess of the regular scheduled workweek. G. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence. H. Vacation may be taken prior to the completion of the employee’s probationary period under special circumstances and with the approval of the department head. I. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. J. Upon separation from City employment, compensation shall be paid for vacation leave that has been earned but not taken. K. Vacation leave shall be requested in fifteen (15) minute increments. L. The department head retains discretion to cancel previously authorized vacation in the case of an emergency. M. The City Administrator or his /her designee may grant additional leave upon commencement of employment in order to attract highly qualified and experienced executive and management level staff. 14 Section 7. SICK LEAVE A. All full-time employees shall accrue up to 80 hours of sick leave per calendar year, at a rate of 3.08 of sick leave hours per pay period. B. In accordance with the Healthy Workplaces, Healthy Families Act of 2014, beginning July 1, 2015, all part-time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked and shall be eligible to use accrued sick leave after satisfying a 90-day employment period C. Employees shall only receive sick leave accrual while they are in a paid status. D. The City shall allow annual carry-over of sick leave hours for full-time employees up to a maximum accrual cap of 960 hours and 48 hours for eligible part-time/ temporary employees. This bank of carry-over sick leave would provide a cushion for long-term illnesses and injuries. E. Any sick leave hours exceeding 960 hours (full-time) or 48 Hours (part-time will be compensated for at the end of the calendarin or about February of each year at 50% of the employee’s hourly rate. F. Temporary employees are not eligible for cash-out of accrued sick leave hours. G. All employees who are rehired with a break in service of less than one year are entitled to have previously unpaid accrued and unused paid sick days reinstated. H. Sick leave shall be allowed on account of actual illness, for the diagnosis, care, or treatment of an existing health condition or preventative care for an employee or an employee’s family member (including to care for a parent-in-law, grandparent, grandchild, or a sibling, in addition to child, parent, spouse or registered domestic partner). Sick leave shall also be allowed for an employee for certain purposes related to being a victim of domestic violence, sexual assault, or stalking. Preventive health care shall include medical and dental appointments (if such appointments cannot be arranged other than during working hours) and injury not arising out of and in the course of employment. Sick leave shall be used in increments of fifteen (15) minutes and shall not be taken in excess of time earned at the time it is taken. I. Foreseeable sick leave requires advance notification, while unforeseeable sick leave requires notice as soon as practicable. If sick leave on account of any of the above illnesses exceeds two (2) consecutive working days, the employee, prior to return to work, shall submit a statement of such disability illness or injury from the employee or family member’s physician. The statement shall certify the physical condition of the employee/employee’s family member that prevented the employee 15 from performing the duties of said employee’s position during the period of absence. The department head or designee, in accordance with departmental procedure, shall approve all sick leaves. Notwithstanding the above, the City may require verification of sick leave use whenever it has reason to believe there is misuse, abuse or a pattern of abuse. J. Abuse of sick leave, and excessive leave, may constitute grounds for disciplinary action. Abuse of sick leave includes, but is not limited to, not adhering to sick leave policies, using sick leave for purposes not enumerated in this policy, and falsifying or misstating facts when using sick leave. A pattern of sick leave usage on Mondays, Thursdays, and immediately before and after holidays and/or vacations may be evidence of sick leave abuse. A violation of this policy will result in corrective action including counseling and/or disciplinary action, and/or a mandatory referral to the City’s Employee Assistance Program. This determination of abuse does not apply to an employee’s use of sick leave under an approved family, medical, and/or pregnancy disability leave in accordance with state and federal laws. K. If in the opinion of the department head it appears that an employee may be establishing a pattern of abuse of sick leave or frequent or excessive absences, a statement establishing the need for sick leave from the employee’s physician may be required as a condition of approved sick leave. L. Employees may use accrued compensatory or vacation leave for extended sick leave absence because of a prolonged and continuing illness and/or medical treatment after sick leave has been exhausted. M. Employees are required to use accumulated sick leave concurrently with absences on account of a work related injury arising out of and in the course of his/her employment. In cases where the injury suffered is covered by Workers Compensation Insurance, accumulated sick leave must be used concurrently to make up the difference between Workers Compensation Insurance allowance and full base pay. Please refer to Personnel Policy, Family and Medical leave Policy. N. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. O. If an employee retires from the City with 15 or more years of continuous service, but fewer than 20 years, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. If an employee retires from the City with 20 or more years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay. 16 P. If a temporary employee resigns or the temporary assignment has ended, he/she shall not be eligible for compensation of unused sick leave hours in his/her sick leave bank at the time of separation. 17 Section 8. FAMILY SICK LEAVE (KIN CARE) In any calendar year, employees may use the employee’s accrued and available sick leave entitlement, in an amount not more than the sick leave that would be accrued during six months at the employee’s then current rate of entitlement, for qualifying family illness as follows: Sick leave for family illnesses will be allowed only for the sickness of the spouse of, or the children of, or mother or father of, the employee living within the same household. In the case of joint custody of a child, illness of the child occurring at the other custodial parent’s house may also qualify. The department head shall approve all family sick leaves and a statement establishing the need for sick leave from a physician may be required as a condition of payment while on such leave. 18 Section 9: BEREAVEMENT LEAVE A. Permanent full-time employees, regardless of period of service, may in the event of death or if death appears imminent, of any “immediate family member” as defined below, including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary. Relative All Regular Employees Spouse 4 work days Child 4 work days Registered Domestic Partner 4 work days Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Grandchild 4 work days Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-law* 4 work days Sister-in-law* 4 work days *Brother-in-law and sister-in-law are defined as the spouse of the employee’s sibling or the sibling of the employee’s spouse. B. Bereavement leave is paid over a maximum of seven (7) workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. C. Bereavement leave must be authorized by the Department head and must be utilized within fifteen (15) days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department head shall be made within 15 days of the employee learning of the 19 death or of the date of foreseen imminent death and shall not be unreasonably denied. D. Representatives may be authorized by the Department head to attend with pay the funeral of a co-worker in said department on behalf of the City if the funeral of the deceased co-worker occurs during working hours; provided the funeral is held within a reasonable distance of City limits. 20 Section 10: JURY DUTY A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to two weeks (equivalent to eight (8) days based on City Hall schedule Monday through Thursday) at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the City and the employee shall be entitled only to the jury’s compensation for duty performed on such employee’s regular day off. Employees assigned to jury duty on a City authorized holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. 21 Section 11: AUTOMOBILE ALLOWANCE AND REIMBURSEMENT FOR EXPENSES A. Any employee who is required to use said employee’s personal automobile in the course of employment with the City shall be reimbursed for each mile actually traveled on official business in accordance with the per mile reimbursement rate allowed by the Internal Revenue Service in effect at the time of such travel. B. Any employee who is required to travel in the performance of his or her duties or to attend an authorized meeting or conference which is of benefit to the City shall be reimbursed for reasonable expenses incurred for transportation, meals, lodging and incidentals. Automobile allowance and reimbursement for expenses shall be recommended by the department head or designee and approved by the City Administrator pursuant to the provisions of the City of Vernon Travel and Meeting Expense Reimbursement Administrative Policy. No allowance shall be made for transportation between the employee’s home and the place where such person is normally employed by the City. C. Certain employees serving in specified classifications shall receive a monthly automobile allowance as set forth below and incorporated herein by reference; alternatively, specified employees may opt to receive use of a City- owned vehicle and fuel. Classification Amount City Administrator $600.00 or City Vehicle & Fuel City Attorney $400.00 Economic Development Manager $400.00 Environmental Health Program Administrator $400.00 Director of Finance/City Treasurer $400.00 Fire Chief City Vehicle & Fuel Assistant Fire Chief City Vehicle & Fuel Fire Marshal City Vehicle & Fuel Administrative Fire Battalion Chief City Vehicle & Fuel Administrative Fire Captain City Vehicle & Fuel 22 Fire Training Captain City Vehicle & Fuel General Manager of Public Utilities $400.00 Assistant General Manager of Public Utilities City Vehicle & Fuel Industrial Development Director $400.00 Utilities Operations Manager City Vehicle & Fuel Utilities Engineering Manager City Vehicle & Fuel Police Chief City Vehicle & Fuel Director of Health and Environmental Control $400.00 Police Admin. Lieutenant City Vehicle & Fuel Police Canine Officer #1 City Vehicle & Fuel Police Canine Officer #2 City Vehicle & Fuel Police Captain City Vehicle & Fuel Police Lieutenant City Vehicle & Fuel Police Motor Officer #1 City Vehicle & Fuel Police Motor Officer #2 City Vehicle & Fuel Police Sergeant on Detective Duty City Vehicle & Fuel Public Information Officer $400.00 Public Works Director $400.00 D. Wherever an automobile allowance is made to any employee for the use of their personal automobile, such allowance shall not be payable whenever the employee is on vacation, leave of absence, or otherwise absent the entire calendar month, unless otherwise specified by the City Administrator. E. The City shall not be responsible for repairs or any additional costs for upkeep, fuel, lubrication, replacement in whole or in part, or other expenses in connection with any such vehicle beyond the respective amounts set forth above. 23 Section 12: HEALTH INSURANCE A. The City offers various medical plans to employees under a Section 125 Cafeteria plan (non-cash out). The City reserves the right to select, administer, or fund any fringe benefit program involving insurance that now exist or may exist in the future. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. B. The City shall contribute for each full-time employee up to the maximum amounts as set forth below per pay period, toward the cost of his/her medical plan as outlined in Subsection A through C below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. a. Effective July 1, 2016, employees shall receive a cafeteria plan contribution equal to the total premium costs of the Employee Only, Employee + Spouse, Employee + Child(ren), or Employee + Family Low Medical HMO, lowest cost Dental DMO, and lowest cost vision Plan that corresponds with the employees’ benefit selection or $1,120, whichever is greater. The allotment amounts will vary based on the premium costs that go into effect on January 1st of each calendar year. b. Employees that elect a health plan higher than the Low HMO medical, dental and/or vision, will be responsible for any applicable, excess premium costs; however, if employees opt out of dental and/or vision coverage, they may use the allotments for those respective coverages toward excess medical premiums. c. Employees who elect the PPO/HSA coverage shall receive an equal benefit to that described above, less $3,000 on an annual basis, which would instead be deposited to their HSA account. C. City Council members are entitled to the same medical benefits offered to the management and confidential employees. The City shall not pay or reimburse any medical-related health, vision, or dental costs not covered by the City’s insurance program or Medicare for City Council members or their eligible dependents or spouses. D. The City shall not provide or reimburse the City Council members or their dependents or spouses for expenses incurred relating to a PERS long-term health care benefit. 24 Section 13. DENTAL INSURANCE The City of Vernon provides a dental insurance plan to full-time employees. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents (spouse, registered domestic partners and qualified dependents). The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. 25 Section 14. VISION INSURANCE The City of Vernon provides a vision care plan to full-time employees. All premiums for vision coverage at each tier of coverage are to be deducted from the total monthly City contribution for Medical, Dental, and vision coverage. In the event an employee does not exceed their monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. The City shall pay 100% of the cost of such a plan for employees only. Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. For all itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150. 26 Section 15. LIFE INSURANCE The City provides a $20,000 life insurance up to $20,000 in coverageplan to full-time employees. The City shall pay 100% of the cost of such plan for employees. The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. 27 Section 16. DEFERRED COMPENSATION PLAN Employees are eligible to participate in the City’s Deferred Compensation Program. 28 Section 17. CALIFORNIA PUBLIC EMPLOYEE RETIREMENT SYSTEM (CALPERS) CONTRIBUTION The City advises that it makes no representation to employees as to whether any of the compensation or payments in this document are subject to CalPERS service credit or pensionable income. Any determination by CalPERS to not fully credit the compensation and/or service time provided under this document is not a proper basis on which to pursue any claim or action against the City related to any determination made by CalPERS in connection with this document. MISCELLANEOUS EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time employees hired before January 1, 2013 with 2.7% at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan. B. Employees shall be responsible for paying 100% of their PERS employee’s contributions. C. Effective the first pay period in July 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of nine percent (9%). Effective the first pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%). Effective the first pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%). CD. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows: a. Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the 29 definition of new member under PEPRA shall receive 3 Year Average Final Compensation b. Gov’t Code Section: 21024 - Military Service Credit as Public Service c. Gov’t Code Section: 21624, 21626, 21628 – Post Retirement Survivor Allowance d. Gov’t Code Section: 21548 – Pre-Retirement Option 2W Death Benefit d. Gov’t Code Section: 21573 – Third Level of 1959 Survivor Benefits DE. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code. SAFETY EMPLOYEES A. The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides full-time safety employees hired before January 1, 2013 with 3.0% at 50 PERS retirement benefit plan. As a result of the recent passage of AB 340, Public Employee Pension Reform Act (PEPRA), new CalPERS safety members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan. B. Employees shall be responsible for paying their PERS nine percent (9%) employee’s contributions. C. Effective the first pay period in July 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%). Effective the first pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%). Effective the first pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit 30 formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of twelve percent (12%). CD. The City provides additional supplemental retirement benefits to full-time employees under CalPERS as follows: a. Gov’t Code Section: 20042 – (Classic Members Only) One Year Final Compensation New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation b. Gov’t Code Section: 20124 - Military Service Credit as Public Service c. Gov’t Code 21574 – 4th Level 1959 Survivor Benefit (Fire members only) d. Gov’t Code Section: 21571 – Basic Level of 1959 Survivor Benefit (Police members only) e. Gov’t Code Section: 21624, 21626, 21628 – Post Retirement Survivor Allowance f. Gov’t Code Section: 21548 - Pre-Retirement Option 2W Death Benefit (Fire members only) g. Gov’t Code Section 20965 – Credit for Unused Sick Leave DE. The payment to CalPERS made by the City on behalf of the affected employee shall not be considered as base salary but shall be considered an employer contribution pursuant to Section 414(h)(2) of the Internal Revenue Code. 31 Section 18. RETIREE MEDICAL - NON-SAFETY EMPLOYEES A. The City will pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for all full-time employees designated as Executive, Management, Mid-Management and Confidential who retire at age 60 or later with at least twenty (20) years of continuous uninterrupted service. Eligible retirees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement up to the then-current lowest cost City-offered Employee-only medical HMO and/or dental HMO insurance premium. Once an eligible retiree opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll. Once an eligible retiree who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then-current cost of supplemental coverage. B. Eligible retirees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent. C. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). D. All full -time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance. E. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents. F. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable. G. Should the retired employee fail to pay any premiums due for the cost of the insurance premium for the City’s medical-dental insurance program for any two (2) consecutive months, or should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to make further payment under the retiree medical benefits program shall automatically terminate and cease, without the need for further notice. H. The City’s obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee. 32 I. The offer of the retiree medical benefits is not a vested right for future years. J. City Council members are entitled to the same retiree medical benefits offered to all full-time regular employees as identified under the citywide resolution for retiree medical benefits in effect at the time Council members retire. 33 Section 19. LONGEVITY PROGRAM A. LONGEVITY PROGRAM FOR EMPLOYEES EMPLOYED ON OR BEFORE JUNE 30, 1994. The City has established a longevity program for all employees. The longevity program described herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or before June 30, 1994. a. Five (5) Years of Service. All eligible employees who have five (5) years of consecutive uninterrupted service on or before July 1, 1986, shall receive an additional five percent (5%) per month of their base salary effective July 1, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. b. Ten (10) Years of Service. All eligible employees who have ten (10) years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. c. Fifteen (15) Years of Service. All eligible employees who have fifteen (15) years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date. d. Twenty (20) Years of Service. All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. e. Thirty (30) Years of Service – Fire - Sworn All eligible fire employees who have been appointed to a position ranking above Captain and who have thirty (30) years of consecutive uninterrupted service on or before July 1, 1991, shall receive an additional twenty-five percent (25%) of their base salary per month effective July 1, 1991, and every year thereafter. Employees in said position upon reaching their 30th anniversary date after July 1, 1991, shall be entitled to said twenty-five percent (25%) per month upon said anniversary date. 34 f. Compensation Not Cumulative. Payment of the aforesaid longevity compensation shall not be cumulative and only the highest applicable longevity pay shall be paid. B. LONGEVITY PROGRAM FOR EMPLOYEES ON OR AFTER JULY 1, 1994 AND ON OR BEFORE DECEMBER 31, 2013. The longevity program described in Section B herein will apply to all employees, except Department Heads and employees covered in a collective bargaining agreement, employed on or after July 1, 1994. a. Five (5) Years of Service. All eligible employees who are employed on or after July 1, 1994 and on or before December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994 and on or before December 31, 2013. 35 Section 20. BILINGUAL PAY A program is hereby established for all employees whose regular and essential job duties as described in their job description provide for interaction with the public on a regular basis, allowing said employee to be compensated for bilingual skills after the employee demonstrates proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested, if necessary), which proficiency would be determined by successful completion of a proficiency test administered by the Human Resources Departmentas determined by the Director of Human Resources. Those employees who successfully demonstrate this skill would be eligible to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for bilingual pay. 36 Section 21. UNIFORM ALLOWANCE A. If an employee’s job classification requires him/her to wear a uniform while on duty, as designated by the City or employee’s Department, the City will provide and launder such uniform. B. For the Administrative Secretary and Police Records Manager that works in the Police Department, the City will provide the initial set of uniforms to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee’s uniforms shall meet the applicable regulations for his/her job classification pursuant to City/Departmental policies. C. The monetary value of uniforms shall be reported to CalPERS in accordance with CCR 571(a) and as defined by GC 7522.04(f) 37 Section 22. STAND-BY POLICY The purpose of the Stand-by Policy is to have employees on stand-by to respond to major incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating, maintaining, restoring and repairing the City’s technology systems. A. It is presently anticipated that the need for stand-by is for one (1) Information Technology staff, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head. B. The Stand-by Policy does not apply to FLSA exempt managers and Executive staff. C. Stand-by duty requires that an employee be accessible, available, and physically able to report to work. The employee must possess a City issued mobile phone device that remains available for immediate contact. The employee must be ready, willing, and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule. Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within one (1) hour of being called upon. The department head or designee will determine if an employee is qualified to perform stand-by duties. The stand by duty period shall be defined by the Department Head. D. Employees on “stand–by” shall receive two (2) hours of regular straight time compensation for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours worked for purposes of overtime calculation as employees are not restricted in their activities and may engage in non-work related personal activities. On City-recognized Holidays where City Hall is closed, employees on stand-by will be compensated four (4) hours of straight time compensation. E. An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action, unless the employee provides sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can be made for stand-by coverage. F. When an employee on “stand-by” is called back to the City, he/she shall be entitled to “stand-by” pay. Call back duty does not occur when an employee is held over from his/her prior shift, or is working planned overtime. An employee called back to duty shall be paid a minimum of four (4) hours of pay at the applicable overtime rate. Time begins when the call back request is received and ends when the employee returns home. If work is performed remotely, the employee shall receive hour for hour compensation at the applicable overtime rate. 38 G. The employee will at times remain able to immediately respond to any emergencies. H. Each employee on stand-by duty is accountable to all of the rules and regulations of the City. I. In the event of a call back, the employee will wear his/her City uniform, if applicable. 39 Section 23. PER DIEM: Per Diem is intended as a reimbursement to temporary/interim employees recruited from outside the Los Angeles County area when working in a temporary or interim assignment due to a critical staffing shortage to cover expenses relating to lodging/housing, travel, meals, and incidentals. The rate is set at $125.00 for each day the employee physically reports to work at the City of Vernon. The eligibility to receive this per diem must be pre-approved and is at the discretion of the City Administrator. 40 PART II CLASSIFICATION AND COMPENSATION PLAN 41 Section 1. PURPOSE Exhibit A to this resolution is enacted pursuant to the City of Vernon City Charter to provide for the classification and compensation of City officers and employees, and to conform to the principle of equal pay for equal work. Officers and employees of the City of Vernon shall receive compensation and costs in accordance with the amounts set forth in the attached compensation plan. Section 2. THE COMPENSATION PLAN The basic compensation plan for the various employee units, groups and non-classified employees, as of the date of adoption of this plan is hereby established as set forth in Exhibit A, Citywide Classification and Compensation Plan, which is attached hereto and incorporated herein by reference. The City Administrator shall have authority to create and maintain salary steps to implement the provisions of this Section. Salaries granted pursuant to this provision shall be reported to PERS as compensation earned. Please refer to Human Resources Policy II-3, Salary Plan for specific policy and procedures. Section 3. THE CLASSIFICATION PLAN The classification plan includes the allocation of class titles to salary ranges for City officers and employees. The Classification Plan further includes the allocation of class titles to salary ranges for those employees that are designated as exempt from the classified service. These exempt classes are for elective officers; persons appointed by the City Council, including the City Administrator, and City Attorney; persons appointed by the City Administrator, including department head or designees; and persons appointed by the City Attorney pursuant to City of Vernon Municipal Code that serve in an "at will" capacity subject to the terms and conditions of an employment contract and are so designated in the plan as "non-classified." The classification plan as of the date of adoption of this plan is hereby established as set forth in Exhibit “A” which is attached hereto and incorporated herein by reference. The Human Resources Director, with approval by the City Administrator or his/her designee, is responsible for maintenance of the Classification Plan, including the allocation of new or changed positions to the appropriate class, the recommendation of proper salary ranges within the provision of pay administration, maintenance of up-to-date class specifications, and the preparation of reports and recommendations on revisions to the Classification Plan. Please refer to Human Resources Policy II-1, Classification Plan Administration for specific policy and procedures. 42 EXHIBIT A CLASSIFICATION AND COMPENSATION PLAN City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 28,149$ 2,346$ N/A 1,082.66$ 1030 Mayor E O 01 28,149$ 2,346$ N/A 1,082.66$ CITY ADMINISTRATION DEPARTMENT 1010 City Administrator E E 50 Step 1 263,867$ 21,989$ 126.8589$ 10,148.71$ Step 2 277,060$ 23,088$ 133.2018$ 10,656.15$ Step 3 290,913$ 24,243$ 139.8620$ 11,188.96$ Step 4 305,459$ 25,455$ 146.8551$ 11,748.41$ Step 5 320,731$ 26,728$ 154.1978$ 12,335.82$ 1015 Deputy City Administrator E M 40 Step 1 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 2 170,091$ 14,174$ 81.7744$ 6,541.95$ Step 3 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 4 187,525$ 15,627$ 90.1563$ 7,212.50$ Step 5 196,901$ 16,408$ 94.6641$ 7,573.13$ 1020 Economic Development Manager E M 34 Step 1 120,880$ 10,073$ 58.1156$ 4,649.25$ Step 2 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 3 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 4 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 5 146,931$ 12,244$ 70.6398$ 5,651.19$ 1035 Public Information Officer E M 31 Step 1 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 2 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 3 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 4 120,880$ 10,073$ 58.1156$ 4,649.25$ Step 5 126,924$ 10,577$ 61.0214$ 4,881.71$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 2 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 3 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 4 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 5 120,880$ 10,073$ 58.1156$ 4,649.25$ Page 1 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1610 Information Technology Manager E M 37 Step 1 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 2 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 3 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 4 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 5 170,091$ 14,174$ 81.7744$ 6,541.95$ 1630 Information Technology Technician NE C 22 Step 1 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 2 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 3 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 4 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 5 81,817$ 6,818$ 39.3349$ 3,146.79$ 1615 Programmer/Analyst E C 30 Step 1 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 2 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 3 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 4 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 5 120,880$ 10,073$ 58.1156$ 4,649.25$ CITY ATTORNEY'S OFFICE 1110 City Attorney E E 49 Step 1 251,301$ 20,942$ 120.8180$ 9,665.44$ Step 2 263,867$ 21,989$ 126.8589$ 10,148.71$ Step 3 277,060$ 23,088$ 133.2018$ 10,656.15$ Step 4 290,913$ 24,243$ 139.8620$ 11,188.96$ Step 5 305,459$ 25,455$ 146.8551$ 11,748.41$ 1115 Deputy City Attorney E M 38 Step 1 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 2 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 3 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 4 170,091$ 14,174$ 81.7744$ 6,541.95$ Step 5 178,595$ 14,883$ 85.8631$ 6,869.05$ 1507 Executive Legal Secretary NE C 23 Step 1 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 2 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 3 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 4 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 5 85,907$ 7,159$ 41.3016$ 3,304.13$ Page 2 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1495 Legal Administrative Analyst NE C 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 1113 Senior Deputy City Attorney E M 39 Step 1 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 2 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 3 170,091$ 14,174$ 81.7744$ 6,541.95$ Step 4 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 5 187,525$ 15,627$ 90.1563$ 7,212.50$ CITY CLERK DEPARTMENT 1310 City Clerk E E 41 Step 1 170,091$ 14,174$ 81.7744$ 6,541.95$ Step 2 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 3 187,525$ 15,627$ 90.1563$ 7,212.50$ Step 4 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 5 206,746$ 17,229$ 99.3973$ 7,951.78$ 1315 Deputy City Clerk NE C 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 1320 Records Management Assistant NE C 20 Step 1 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 2 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 3 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 4 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 5 74,210$ 6,184$ 35.6779$ 2,854.23$ ADMINISTRATIVE AND CLERICAL GROUP 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 43,389$ 3,616$ 20.8601$ 1,668.81$ Step 2 45,558$ 3,797$ 21.9031$ 1,752.25$ Step 3 47,836$ 3,986$ 22.9983$ 1,839.86$ Step 4 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 5 52,740$ 4,395$ 25.3556$ 2,028.45$ Page 3 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 2 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 3 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 4 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 5 64,105$ 5,342$ 30.8199$ 2,465.59$ 1510 Administrative Secretary NE C 20 Step 1 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 2 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 3 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 4 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 5 74,210$ 6,184$ 35.6779$ 2,854.23$ Grandfathered - G3 73,704$ 6,142$ 35.4346$ 2,834.77$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 1490 Administrative Analyst NE C 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 2 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 3 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 4 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 5 81,817$ 6,818$ 39.3349$ 3,146.79$ 1230 Accountant, Senior NE C 27 Step 1 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 2 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 3 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 4 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 5 104,421$ 8,702$ 50.2025$ 4,016.20$ Page 4 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1220 Assistant Finance Director E M 39 Step 1 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 2 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 3 170,091$ 14,174$ 81.7744$ 6,541.95$ Step 4 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 5 187,525$ 15,627$ 90.1563$ 7,212.50$ 1225 Deputy City Treasurer E M 35 Step 1 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 2 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 3 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 4 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 5 154,277$ 12,856$ 74.1718$ 5,933.75$ 1210 Director of Finance/City Treasurer E E 44 Step 1 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 2 206,746$ 17,229$ 99.3973$ 7,951.78$ Step 3 217,084$ 18,090$ 104.3671$ 8,349.37$ Step 4 227,938$ 18,995$ 109.5855$ 8,766.84$ Step 5 239,335$ 19,945$ 115.0648$ 9,205.18$ 1245 Payroll Specialist NE C 19 Step 1 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 2 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 3 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 4 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 5 70,676$ 5,890$ 33.9790$ 2,718.32$ 1248 Public Housing Property Coordinator NE C 16 Step 1 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 2 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 3 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 4 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 5 61,053$ 5,088$ 29.3523$ 2,348.18$ FIRE DEPARTMENT 5033 Assistant Fire Marshal NE M 29 Step 1 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 2 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 3 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 4 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 5 115,124$ 9,594$ 55.3482$ 4,427.86$ Page 5 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 5055 Fire Administrative Analyst NE C 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 5010 Fire Chief E E 46 Step 1 217,084$ 18,090$ 104.3671$ 8,349.37$ Step 2 227,938$ 18,995$ 109.5855$ 8,766.84$ Step 3 239,335$ 19,945$ 115.0648$ 9,205.18$ Step 4 251,301$ 20,942$ 120.8180$ 9,665.44$ Step 5 263,867$ 21,989$ 126.8589$ 10,148.71$ HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2010 Director of Health and Environmental Control E E 43 Step 1 187,525$ 15,627$ 90.1563$ 7,212.50$ Step 2 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 3 206,746$ 17,229$ 99.3973$ 7,951.78$ Step 4 217,084$ 18,090$ 104.3671$ 8,349.37$ Step 5 227,938$ 18,995$ 109.5855$ 8,766.84$ 2020 Environmental Health Program Administrator E M 34 Step 1 120,880$ 10,073$ 58.1156$ 4,649.25$ Step 2 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 3 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 4 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 5 146,931$ 12,244$ 70.6398$ 5,651.19$ 2022 Environmental Specialist, Temporary NE T26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 6 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 7 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 8 115,124$ 9,594$ 55.3482$ 4,427.86$ 2045 Environmental Health Intern NE Hourly Step 1 15.0000$ Page 6 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD HUMAN RESOURCES DEPARTMENT 1410 Director of Human Resources E E 42 Step 1 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 2 187,525$ 15,627$ 90.1563$ 7,212.50$ Step 3 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 4 206,746$ 17,229$ 99.3973$ 7,951.78$ Step 5 217,084$ 18,090$ 104.3671$ 8,349.37$ 1420 Human Resources Analyst NE C 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 1415 Human Resources Analyst, Senior E M 33 Step 1 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 2 120,880$ 10,073$ 58.1156$ 4,649.25$ Step 3 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 4 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 5 139,934$ 11,661$ 67.2760$ 5,382.08$ 1425 Human Resources Assistant NE C 17 Step 1 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 2 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 3 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 4 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 5 64,105$ 5,342$ 30.8199$ 2,465.59$ INDUSTRIAL DEVELOPMENT DEPARTMENT 3010 Industrial Development Director E E 39 Step 1 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 2 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 3 170,091$ 14,174$ 81.7744$ 6,541.95$ Step 4 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 5 187,525$ 15,627$ 90.1563$ 7,212.50$ POLICE DEPARTMENT 4035 Police Cadet NE 3180 Step 1 38,892$ 3,241$ 18.6981$ 1,495.85$ Step 2 36,864$ 3,072$ 17.7231$ 1,417.85$ Step 3 34,944$ 2,912$ 16.8000$ 1,344.00$ Step 4 33,120$ 2,760$ 15.9231$ 1,273.85$ Step 5 31,380$ 2,615$ 15.0865$ 1,206.92$ Step 6 29,760$ 2,480$ 14.3077$ 1,144.62$ Step 7 28,212$ 2,351$ 13.5635$ 1,085.08$ Step 8 26,736$ 2,228$ 12.8538$ 1,028.31$ Page 7 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 4010 Police Chief E E 47 Step 1 227,938$ 18,995$ 109.5855$ 8,766.84$ Step 2 239,335$ 19,945$ 115.0648$ 9,205.18$ Step 3 251,301$ 20,942$ 120.8180$ 9,665.44$ Step 4 263,867$ 21,989$ 126.8589$ 10,148.71$ Step 5 277,060$ 23,088$ 133.2018$ 10,656.15$ 4110 Police Records Manager NE M 27 Step 1 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 2 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 3 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 4 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 5 104,421$ 8,702$ 50.2025$ 4,016.20$ 4145 Reserve Police Officer NE Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8008 General Manager of Public Utilities E E 48 Step 1 239,335$ 19,945$ 115.0648$ 9,205.18$ Step 2 251,301$ 20,942$ 120.8180$ 9,665.44$ Step 3 263,867$ 21,989$ 126.8589$ 10,148.71$ Step 4 277,060$ 23,088$ 133.2018$ 10,656.15$ Step 5 290,913$ 24,243$ 139.8620$ 11,188.96$ 8011 Assistant General Manager of Public Utilities E M 43 Step 1 187,525$ 15,627$ 90.1563$ 7,212.50$ Step 2 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 3 206,746$ 17,229$ 99.3973$ 7,951.78$ Step 4 217,084$ 18,090$ 104.3671$ 8,349.37$ Step 5 227,938$ 18,995$ 109.5855$ 8,766.84$ Business and Accounts Division 8710 Business and Account Supervisor E M 32 Step 1 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 2 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 3 120,880$ 10,073$ 58.1156$ 4,649.25$ Step 4 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 5 133,271$ 11,106$ 64.0724$ 5,125.80$ Compliance Division 8606 Utilities Compliance Administrator E M 35 Step 1 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 2 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 3 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 4 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 5 154,277$ 12,856$ 74.1718$ 5,933.75$ Page 8 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Customer Service Division 8515 Key Accounts Specialist NE M 28 Step 1 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 2 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 3 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 4 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 5 109,642$ 9,137$ 52.7126$ 4,217.01$ Electric Operations Division 8040 Electric Operations Supervisor E M 36 Step 1 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 2 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 3 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 4 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 5 161,991$ 13,499$ 77.8804$ 6,230.43$ 8015 Utilities Operations Manager E M 41 Step 1 170,091$ 14,174$ 81.7744$ 6,541.95$ Step 2 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 3 187,525$ 15,627$ 90.1563$ 7,212.50$ Step 4 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 5 206,746$ 17,229$ 99.3973$ 7,951.78$ Engineering Division (Public Utilities) 8112 Principal Electrical Engineer E M 38 Step 1 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 2 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 3 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 4 170,091$ 14,174$ 81.7744$ 6,541.95$ Step 5 178,595$ 14,883$ 85.8631$ 6,869.05$ 8110 Utilities Engineering Manager E M 42 Step 1 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 2 187,525$ 15,627$ 90.1563$ 7,212.50$ Step 3 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 4 206,746$ 17,229$ 99.3973$ 7,951.78$ Step 5 217,084$ 18,090$ 104.3671$ 8,349.37$ Gas Division 8210 Gas Systems Superintendent E M 36 Step 1 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 2 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 3 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 4 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 5 161,991$ 13,499$ 77.8804$ 6,230.43$ Page 9 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Resource Planning and Scheduling Division 8405 Integrated Resources Manager E M 42 Step 1 178,595$ 14,883$ 85.8631$ 6,869.05$ Step 2 187,525$ 15,627$ 90.1563$ 7,212.50$ Step 3 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 4 206,746$ 17,229$ 99.3973$ 7,951.78$ Step 5 217,084$ 18,090$ 104.3671$ 8,349.37$ 8411 Principal Resource Planner E M 37 Step 1 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 2 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 3 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 4 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 5 170,091$ 14,174$ 81.7744$ 6,541.95$ Water Operations Division 7905 Water Administrator E M 36 Step 1 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 2 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 3 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 4 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 5 161,991$ 13,499$ 77.8804$ 6,230.43$ 7915 Water Foreman E M 27 Step 1 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 2 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 3 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 4 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 5 104,421$ 8,702$ 50.2025$ 4,016.20$ 7911 Water Project Specialist E M 35 Step 1 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 2 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 3 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 4 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 5 154,277$ 12,856$ 74.1718$ 5,933.75$ 7910 Water Superintendent E M 33 Step 1 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 2 120,880$ 10,073$ 58.1156$ 4,649.25$ Step 3 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 4 133,271$ 11,106$ 64.0724$ 5,125.80$ Step 5 139,934$ 11,661$ 67.2760$ 5,382.08$ Page 10 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC WORKS DEPARTMENT 7008 Director of Public Works E E 44 Step 1 196,901$ 16,408$ 94.6641$ 7,573.13$ Step 2 206,746$ 17,229$ 99.3973$ 7,951.78$ Step 3 217,084$ 18,090$ 104.3671$ 8,349.37$ Step 4 227,938$ 18,995$ 109.5855$ 8,766.84$ Step 5 239,335$ 19,945$ 115.0648$ 9,205.18$ Building and Planning Division 7205 Building and Planning Manager E M 37 Step 1 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 2 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 3 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 4 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 5 170,091$ 14,174$ 81.7744$ 6,541.95$ Engineering Division (Public Works) 7118 Civil Engineer NE M 32 Step 1 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 2 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 3 120,880$ 10,073$ 58.1156$ 4,649.25$ Step 4 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 5 133,271$ 11,106$ 64.0724$ 5,125.80$ 7115 Principal Civil Engineer E M 37 Step 1 139,934$ 11,661$ 67.2760$ 5,382.08$ Step 2 146,931$ 12,244$ 70.6398$ 5,651.19$ Step 3 154,277$ 12,856$ 74.1718$ 5,933.75$ Step 4 161,991$ 13,499$ 77.8804$ 6,230.43$ Step 5 170,091$ 14,174$ 81.7744$ 6,541.95$ Public Works Operations Division 7307 Facilities Maintenance Supervisor E M 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 7515 Fleet Supervisor E M 27 Step 1 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 2 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 3 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 4 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 5 104,421$ 8,702$ 50.2025$ 4,016.20$ Page 11 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7308 Street Maintenance Supervisor E M 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 7300 Public Works Superintendent E M 32 Step 1 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 2 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 3 120,880$ 10,073$ 58.1156$ 4,649.25$ Step 4 126,924$ 10,577$ 61.0214$ 4,881.71$ Step 5 133,271$ 11,106$ 64.0724$ 5,125.80$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 12 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD ADMINISTRATIVE AND CLERICAL GROUP 1530 Administrative Assistant NE G 13 Step 1 43,389$ 3,616$ 20.8601$ 1,668.81$ Step 2 45,558$ 3,797$ 21.9031$ 1,752.25$ Step 3 47,836$ 3,986$ 22.9983$ 1,839.86$ Step 4 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 5 52,740$ 4,395$ 25.3556$ 2,028.45$ 1520 Administrative Assistant, Senior NE G 17 Step 1 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 2 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 3 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 4 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 5 64,105$ 5,342$ 30.8199$ 2,465.59$ FINANCE DEPARTMENT 1250 Account Clerk NE G 14 Step 1 45,558$ 3,797$ 21.9031$ 1,752.25$ Step 2 47,836$ 3,986$ 22.9983$ 1,839.86$ Step 3 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 4 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 5 55,377$ 4,615$ 26.6234$ 2,129.87$ 1247 Account Clerk, Senior NE G 18 Step 1 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 2 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 3 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 4 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 5 67,311$ 5,609$ 32.3609$ 2,588.88$ 1234 Assistant Buyer NE G 20 Step 1 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 2 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 3 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 4 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 5 74,210$ 6,184$ 35.6779$ 2,854.23$ 1249 Business License Clerk NE G 16 Step 1 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 2 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 3 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 4 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 5 61,053$ 5,088$ 29.3523$ 2,348.18$ 1237 Buyer NE G 23 Step 1 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 2 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 3 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 4 81,817$ 6,818$ 39.3349$ 3,146.79$ Page 1 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 85,907$ 7,159$ 41.3016$ 3,304.13$ 1255 Risk Management Assistant NE G 17 Step 1 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 2 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 3 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 4 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 5 64,105$ 5,342$ 30.8199$ 2,465.59$ FIRE DEPARTMENT 5050 Fire Code Inspector NE G 25 Step 1 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 2 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 3 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 4 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 5 94,713$ 7,893$ 45.5351$ 3,642.81$ 5049 Fire Code Inspector, Senior NE G 27 Step 1 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 2 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 3 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 4 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 5 104,421$ 8,702$ 50.2025$ 4,016.20$ HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2040 Environmental Health Technician NE G 17 Step 1 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 2 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 3 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 4 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 5 64,105$ 5,342$ 30.8199$ 2,465.59$ 2035 Environmental Health Specialist NE G 24 Step 1 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 2 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 3 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 4 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 5 90,203$ 7,517$ 43.3667$ 3,469.34$ POLICE DEPARTMENT 4125 Civilian Court Officer NE G 17 Step 1 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 2 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 3 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 4 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 5 64,105$ 5,342$ 30.8199$ 2,465.59$ 4123 Police Community Services Officer NE G 16 Step 1 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 2 52,740$ 4,395$ 25.3556$ 2,028.45$ Page 2 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 3 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 4 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 5 61,053$ 5,088$ 29.3523$ 2,348.18$ 4130 Police Dispatcher NE G 20 Step 1 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 2 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 3 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 4 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 5 74,210$ 6,184$ 35.6779$ 2,854.23$ 4115 Police Dispatcher, Lead NE G 23 Step 1 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 2 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 3 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 4 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 5 85,907$ 7,159$ 41.3016$ 3,304.13$ 4135 Police Records Technician NE G 14 Step 1 45,558$ 3,797$ 21.9031$ 1,752.25$ Step 2 47,836$ 3,986$ 22.9983$ 1,839.86$ Step 3 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 4 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 5 55,377$ 4,615$ 26.6234$ 2,129.87$ 4120 Police Records Technician, Lead NE G 17 Step 1 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 2 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 3 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 4 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 5 64,105$ 5,342$ 30.8199$ 2,465.59$ PUBLIC UTILITIES DEPARTMENT Compliance Division 8615 Utilities Compliance Analyst NE G 30 Step 1 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 2 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 3 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 4 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 5 120,880$ 10,073$ 58.1156$ 4,649.25$ Customer Service Division 8530 Utilities Customer Service Representative NE G 18 Step 1 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 2 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 3 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 4 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 5 67,311$ 5,609$ 32.3609$ 2,588.88$ Page 3 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Electric Operations Division 8140 Computer Aided Drafting Technician NE G 20 Step 1 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 2 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 3 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 4 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 5 74,210$ 6,184$ 35.6779$ 2,854.23$ Resource Planning and Scheduling Division 8425 Electric Service Planner NE G 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ Water Operations Division 7137 Assistant Civil Engineer - Public Utilities NE G 26 Step 1 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 2 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 3 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 4 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 5 99,449$ 8,287$ 47.8119$ 3,824.95$ 7145 Engineering Aide NE G 21 Step 1 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 2 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 3 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 4 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 5 77,921$ 6,493$ 37.4618$ 2,996.94$ 7935 Meter Reader NE G 18 Step 1 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 2 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 3 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 4 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 5 67,311$ 5,609$ 32.3609$ 2,588.88$ 7940 Meter Reader, Lead NE G 20 Step 1 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 2 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 3 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 4 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 5 74,210$ 6,184$ 35.6779$ 2,854.23$ 7930 Water Maintenance Worker NE G 18 Step 1 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 2 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 3 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 4 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 5 67,311$ 5,609$ 32.3609$ 2,588.88$ Page 4 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7925 Water Maintenance Worker, Senior NE G 22 Step 1 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 2 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 3 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 4 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 5 81,817$ 6,818$ 39.3349$ 3,146.79$ 7920 Water Project Coordinator E G 30 Step 1 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 2 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 3 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 4 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 5 120,880$ 10,073$ 58.1156$ 4,649.25$ PUBLIC WORKS DEPARTMENT Building and Planning Division 7227 Building Inspector NE G 25 Step 1 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 2 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 3 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 4 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 5 94,713$ 7,893$ 45.5351$ 3,642.81$ 7215 Building Inspector, Senior NE G 27 Step 1 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 2 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 3 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 4 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 5 104,421$ 8,702$ 50.2025$ 4,016.20$ 7225 Electrical Inspector NE G 25 Step 1 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 2 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 3 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 4 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 5 94,713$ 7,893$ 45.5351$ 3,642.81$ 7213 Electrical Inspector, Senior NE G 27 Step 1 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 2 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 3 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 4 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 5 104,421$ 8,702$ 50.2025$ 4,016.20$ 7250 Permit Technician NE G 17 Step 1 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 2 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 3 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 4 61,053$ 5,088$ 29.3523$ 2,348.18$ Page 5 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 64,105$ 5,342$ 30.8199$ 2,465.59$ 7220 Assistant Planner NE G 22 Step 1 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 2 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 3 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 4 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 5 81,817$ 6,818$ 39.3349$ 3,146.79$ 7235 Plumbing and Mechanical Inspector NE G 25 Step 1 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 2 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 3 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 4 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 5 94,713$ 7,893$ 45.5351$ 3,642.81$ 7217 Plumbing and Mechanical Inspector, Senior NE G 27 Step 1 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 2 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 3 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 4 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 5 104,421$ 8,702$ 50.2025$ 4,016.20$ Engineering Division (Public Works) 7140 Assistant Engineer NE G 25 Step 1 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 2 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 3 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 4 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 5 94,713$ 7,893$ 45.5351$ 3,642.81$ 7135 Associate Engineer NE G 29 Step 1 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 2 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 3 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 4 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 5 115,124$ 9,594$ 55.3482$ 4,427.86$ 7145 Engineering Aide NE G 21 Step 1 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 2 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 3 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 4 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 5 77,921$ 6,493$ 37.4618$ 2,996.94$ 7120 Project Engineer NE G 31 Step 1 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 2 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 3 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 4 120,880$ 10,073$ 58.1156$ 4,649.25$ Page 6 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 126,924$ 10,577$ 61.0214$ 4,881.71$ 7125 Stormwater and Special Projects Analyst NE G 28 Step 1 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 2 94,713$ 7,893$ 45.5351$ 3,642.81$ Step 3 99,449$ 8,287$ 47.8119$ 3,824.95$ Step 4 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 5 109,642$ 9,137$ 52.7126$ 4,217.01$ Facilities Maintenance Division 7720 Facilities Maintenance Worker NE G 18 Step 1 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 2 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 3 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 4 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 5 67,311$ 5,609$ 32.3609$ 2,588.88$ 7735 Facilities Maintenance Worker, Lead NE G 23 Step 1 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 2 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 3 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 4 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 5 85,907$ 7,159$ 41.3016$ 3,304.13$ 7730 Facilities Maintenance Worker, Senior NE G 20 Step 1 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 2 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 3 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 4 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 5 74,210$ 6,184$ 35.6779$ 2,854.23$ Garage Division 7530 Mechanic NE G 19 Step 1 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 2 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 3 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 4 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 5 70,676$ 5,890$ 33.9790$ 2,718.32$ 7520 Mechanic, Lead NE G 25 Step 1 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 2 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 3 85,907$ 7,159$ 41.3016$ 3,304.13$ Step 4 90,203$ 7,517$ 43.3667$ 3,469.34$ Step 5 94,713$ 7,893$ 45.5351$ 3,642.81$ 7525 Mechanic, Senior NE G 21 Step 1 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 2 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 3 70,676$ 5,890$ 33.9790$ 2,718.32$ Page 7 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 4 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 5 77,921$ 6,493$ 37.4618$ 2,996.94$ Street Maintenance Division 7430 Street Maintenance Worker NE G 15 Step 1 47,836$ 3,986$ 22.9983$ 1,839.86$ Step 2 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 3 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 4 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 5 58,146$ 4,845$ 27.9546$ 2,236.37$ 7427 Street Maintenance Worker, Lead NE G 23 Step 1 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 2 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 3 77,921$ 6,493$ 37.4618$ 2,996.94$ Step 4 81,817$ 6,818$ 39.3349$ 3,146.79$ Step 5 85,907$ 7,159$ 41.3016$ 3,304.13$ 7425 Street Maintenance Worker, Senior NE G 19 Step 1 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 2 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 3 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 4 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 5 70,676$ 5,890$ 33.9790$ 2,718.32$ Warehouse Division 7630 Warehouse Worker NE G 16 Step 1 50,228$ 4,186$ 24.1482$ 1,931.86$ Step 2 52,740$ 4,395$ 25.3556$ 2,028.45$ Step 3 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 4 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 5 61,053$ 5,088$ 29.3523$ 2,348.18$ 7620 Warehouse Worker, Lead NE G 21 Step 1 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 2 67,311$ 5,609$ 32.3609$ 2,588.88$ Step 3 70,676$ 5,890$ 33.9790$ 2,718.32$ Step 4 74,210$ 6,184$ 35.6779$ 2,854.23$ Step 5 77,921$ 6,493$ 37.4618$ 2,996.94$ 7625 Warehouse Worker, Senior NE G 18 Step 1 55,377$ 4,615$ 26.6234$ 2,129.87$ Step 2 58,146$ 4,845$ 27.9546$ 2,236.37$ Step 3 61,053$ 5,088$ 29.3523$ 2,348.18$ Step 4 64,105$ 5,342$ 30.8199$ 2,465.59$ Step 5 67,311$ 5,609$ 32.3609$ 2,588.88$ Public Works Operations Division 7130 Public Works Project Coordinator NE G 30 Step 1 99,449$ 8,287$ 47.8119$ 3,824.95$ Page 8 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 2 104,421$ 8,702$ 50.2025$ 4,016.20$ Step 3 109,642$ 9,137$ 52.7126$ 4,217.01$ Step 4 115,124$ 9,594$ 55.3482$ 4,427.86$ Step 5 120,880$ 10,073$ 58.1156$ 4,649.25$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 9 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD POLICE DEPARTMENT 4030 Police Officer NE PO 26 Step 1 80,229$ 6,686$ 38.5715$ 3,085.72$ Step 2 84,240$ 7,020$ 40.5001$ 3,240.00$ Step 3 88,452$ 7,371$ 42.5251$ 3,402.00$ Step 4 92,875$ 7,740$ 44.6513$ 3,572.10$ Step 5 97,518$ 8,127$ 46.8839$ 3,750.71$ 4025 Police Sergeant NE PO 31 Step 1 102,394$ 8,533$ 49.2281$ 3,938.25$ Step 2 107,514$ 8,960$ 51.6895$ 4,135.16$ Step 3 112,890$ 9,407$ 54.2740$ 4,341.92$ Step 4 118,534$ 9,878$ 56.9877$ 4,559.01$ Step 5 124,461$ 10,372$ 59.8370$ 4,786.96$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 1 of 1 City of Vernon Classification and Compensation Plan Fiscal Year: 2019-2020 Effective July 7, 2019 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD POLICE DEPARTMENT 4015 Police Captain E PM 40 Step 1 158,847$ 13,237$ 76.3689$ 6,109.51$ Step 2 166,790$ 13,899$ 80.1873$ 6,414.99$ Step 3 175,129$ 14,594$ 84.1967$ 6,735.74$ Step 4 183,886$ 15,324$ 88.4066$ 7,072.53$ Step 5 193,080$ 16,090$ 92.8269$ 7,426.15$ 4020 Police Lieutenant NE PM 37 Step 1 137,218$ 11,435$ 65.9703$ 5,277.63$ Step 2 144,079$ 12,007$ 69.2688$ 5,541.51$ Step 3 151,283$ 12,607$ 72.7323$ 5,818.58$ Step 4 158,847$ 13,237$ 76.3689$ 6,109.51$ Step 5 166,790$ 13,899$ 80.1873$ 6,414.99$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 1 of 1 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 28,994$ 2,416$ N/A 1,115.14$ 1030 Mayor E O 01 28,994$ 2,416$ N/A 1,115.14$ CITY ADMINISTRATION DEPARTMENT 1010 City Administrator E E 50 Step 1 271,783$ 22,649$ 130.6651$ 10,453.20$ Step 2 285,372$ 23,781$ 137.1983$ 10,975.86$ Step 3 299,641$ 24,970$ 144.0582$ 11,524.66$ Step 4 314,623$ 26,219$ 151.2611$ 12,100.89$ Step 5 330,354$ 27,530$ 158.8242$ 12,705.93$ 1015 Deputy City Administrator E M 40 Step 1 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 2 175,194$ 14,599$ 84.2278$ 6,738.23$ Step 3 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 4 193,151$ 16,096$ 92.8611$ 7,428.89$ Step 5 202,809$ 16,901$ 97.5042$ 7,800.34$ 1020 Economic Development Manager E M 34 Step 1 124,507$ 10,376$ 59.8592$ 4,788.73$ Step 2 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 3 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 4 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 5 151,339$ 12,612$ 72.7592$ 5,820.73$ 1035 Public Information Officer E M 31 Step 1 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 2 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 3 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 4 124,507$ 10,376$ 59.8592$ 4,788.73$ Step 5 130,732$ 10,894$ 62.8521$ 5,028.17$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 2 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 3 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 4 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 5 124,507$ 10,376$ 59.8592$ 4,788.73$ Page 1 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1610 Information Technology Manager E M 37 Step 1 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 2 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 3 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 4 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 5 175,194$ 14,599$ 84.2278$ 6,738.23$ 1630 Information Technology Technician NE C 22 Step 1 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 2 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 3 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 4 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 5 84,271$ 7,023$ 40.5150$ 3,241.20$ 1615 Programmer/Analyst E C 30 Step 1 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 2 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 3 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 4 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 5 124,507$ 10,376$ 59.8592$ 4,788.73$ CITY ATTORNEY'S OFFICE 1110 City Attorney E E 49 Step 1 258,841$ 21,570$ 124.4429$ 9,955.43$ Step 2 271,783$ 22,649$ 130.6651$ 10,453.20$ Step 3 285,372$ 23,781$ 137.1983$ 10,975.86$ Step 4 299,641$ 24,970$ 144.0582$ 11,524.66$ Step 5 314,623$ 26,219$ 151.2611$ 12,100.89$ 1115 Deputy City Attorney E M 38 Step 1 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 2 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 3 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 4 175,194$ 14,599$ 84.2278$ 6,738.23$ Step 5 183,954$ 15,329$ 88.4392$ 7,075.14$ 1507 Executive Legal Secretary NE C 23 Step 1 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 2 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 3 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 4 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 5 88,485$ 7,374$ 42.5408$ 3,403.26$ Page 2 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1495 Legal Administrative Analyst NE C 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 1113 Senior Deputy City Attorney E M 39 Step 1 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 2 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 3 175,194$ 14,599$ 84.2278$ 6,738.23$ Step 4 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 5 193,151$ 16,096$ 92.8611$ 7,428.89$ CITY CLERK DEPARTMENT 1310 City Clerk E E 41 Step 1 175,194$ 14,599$ 84.2278$ 6,738.23$ Step 2 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 3 193,151$ 16,096$ 92.8611$ 7,428.89$ Step 4 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 5 212,949$ 17,746$ 102.3794$ 8,190.36$ 1315 Deputy City Clerk NE C 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 1320 Records Management Assistant NE C 20 Step 1 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 2 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 3 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 4 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 5 76,436$ 6,370$ 36.7483$ 2,939.86$ ADMINISTRATIVE AND CLERICAL GROUP 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 44,691$ 3,724$ 21.4859$ 1,718.88$ Step 2 46,925$ 3,910$ 22.5602$ 1,804.82$ Step 3 49,272$ 4,106$ 23.6882$ 1,895.06$ Step 4 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 5 54,322$ 4,527$ 26.1163$ 2,089.30$ Page 3 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 2 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 3 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 4 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 5 66,029$ 5,502$ 31.7445$ 2,539.56$ 1510 Administrative Secretary NE C 20 Step 1 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 2 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 3 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 4 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 5 76,436$ 6,370$ 36.7483$ 2,939.86$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 1490 Administrative Analyst NE C 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 2 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 3 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 4 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 5 84,271$ 7,023$ 40.5150$ 3,241.20$ 1230 Accountant, Senior NE C 27 Step 1 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 2 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 3 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 4 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 5 107,554$ 8,963$ 51.7086$ 4,136.69$ Page 4 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1220 Assistant Finance Director E M 39 Step 1 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 2 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 3 175,194$ 14,599$ 84.2278$ 6,738.23$ Step 4 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 5 193,151$ 16,096$ 92.8611$ 7,428.89$ 1225 Deputy City Treasurer E M 35 Step 1 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 2 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 3 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 4 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 5 158,906$ 13,242$ 76.3971$ 6,111.77$ 1210 Director of Finance/City Treasurer E E 44 Step 1 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 2 212,949$ 17,746$ 102.3794$ 8,190.36$ Step 3 223,597$ 18,633$ 107.4984$ 8,599.87$ Step 4 234,777$ 19,565$ 112.8733$ 9,029.87$ Step 5 246,515$ 20,543$ 118.5170$ 9,481.36$ 1245 Payroll Specialist NE C 19 Step 1 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 2 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 3 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 4 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 5 72,797$ 6,066$ 34.9983$ 2,799.87$ 1248 Public Housing Property Coordinator NE C 16 Step 1 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 2 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 3 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 4 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 5 62,884$ 5,240$ 30.2328$ 2,418.63$ FIRE DEPARTMENT 5033 Assistant Fire Marshal NE M 29 Step 1 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 2 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 3 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 4 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 5 118,578$ 9,882$ 57.0087$ 4,560.70$ Page 5 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 5055 Fire Administrative Analyst NE C 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 5010 Fire Chief E E 46 Step 1 223,597$ 18,633$ 107.4984$ 8,599.87$ Step 2 234,777$ 19,565$ 112.8733$ 9,029.87$ Step 3 246,515$ 20,543$ 118.5170$ 9,481.36$ Step 4 258,841$ 21,570$ 124.4429$ 9,955.43$ Step 5 271,783$ 22,649$ 130.6651$ 10,453.20$ HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2010 Director of Health and Environmental Control E E 43 Step 1 193,151$ 16,096$ 92.8611$ 7,428.89$ Step 2 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 3 212,949$ 17,746$ 102.3794$ 8,190.36$ Step 4 223,597$ 18,633$ 107.4984$ 8,599.87$ Step 5 234,777$ 19,565$ 112.8733$ 9,029.87$ 2020 Environmental Health Program Administrator E M 34 Step 1 124,507$ 10,376$ 59.8592$ 4,788.73$ Step 2 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 3 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 4 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 5 151,339$ 12,612$ 72.7592$ 5,820.73$ 2022 Environmental Specialist, Temporary NE T26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 6 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 7 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 8 118,578$ 9,882$ 57.0087$ 4,560.70$ 2045 Environmental Health Intern NE Hourly Step 1 15.0000$ Page 6 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD HUMAN RESOURCES DEPARTMENT 1410 Director of Human Resources E E 42 Step 1 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 2 193,151$ 16,096$ 92.8611$ 7,428.89$ Step 3 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 4 212,949$ 17,746$ 102.3794$ 8,190.36$ Step 5 223,597$ 18,633$ 107.4984$ 8,599.87$ 1420 Human Resources Analyst NE C 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 1415 Human Resources Analyst, Senior E M 33 Step 1 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 2 124,507$ 10,376$ 59.8592$ 4,788.73$ Step 3 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 4 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 5 144,132$ 12,011$ 69.2945$ 5,543.56$ 1425 Human Resources Assistant NE C 17 Step 1 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 2 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 3 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 4 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 5 66,029$ 5,502$ 31.7445$ 2,539.56$ INDUSTRIAL DEVELOPMENT DEPARTMENT 3010 Industrial Development Director E E 39 Step 1 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 2 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 3 175,194$ 14,599$ 84.2278$ 6,738.23$ Step 4 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 5 193,151$ 16,096$ 92.8611$ 7,428.89$ POLICE DEPARTMENT 4035 Police Cadet NE 3180 Step 1 38,892$ 3,241$ 18.6981$ 1,495.85$ Step 2 36,864$ 3,072$ 17.7231$ 1,417.85$ Step 3 34,944$ 2,912$ 16.8000$ 1,344.00$ Step 4 33,120$ 2,760$ 15.9231$ 1,273.85$ Step 5 31,380$ 2,615$ 15.0865$ 1,206.92$ Step 6 29,760$ 2,480$ 14.3077$ 1,144.62$ Step 7 28,212$ 2,351$ 13.5635$ 1,085.08$ Step 8 26,736$ 2,228$ 12.8538$ 1,028.31$ Page 7 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 4010 Police Chief E E 47 Step 1 234,777$ 19,565$ 112.8733$ 9,029.87$ Step 2 246,515$ 20,543$ 118.5170$ 9,481.36$ Step 3 258,841$ 21,570$ 124.4429$ 9,955.43$ Step 4 271,783$ 22,649$ 130.6651$ 10,453.20$ Step 5 285,372$ 23,781$ 137.1983$ 10,975.86$ 4110 Police Records Manager NE M 27 Step 1 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 2 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 3 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 4 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 5 107,554$ 8,963$ 51.7086$ 4,136.69$ 4145 Reserve Police Officer NE Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8008 General Manager of Public Utilities E E 48 Step 1 246,515$ 20,543$ 118.5170$ 9,481.36$ Step 2 258,841$ 21,570$ 124.4429$ 9,955.43$ Step 3 271,783$ 22,649$ 130.6651$ 10,453.20$ Step 4 285,372$ 23,781$ 137.1983$ 10,975.86$ Step 5 299,641$ 24,970$ 144.0582$ 11,524.66$ 8011 Assistant General Manager of Public Utilities E M 43 Step 1 193,151$ 16,096$ 92.8611$ 7,428.89$ Step 2 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 3 212,949$ 17,746$ 102.3794$ 8,190.36$ Step 4 223,597$ 18,633$ 107.4984$ 8,599.87$ Step 5 234,777$ 19,565$ 112.8733$ 9,029.87$ Business and Accounts Division 8710 Business and Account Supervisor E M 32 Step 1 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 2 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 3 124,507$ 10,376$ 59.8592$ 4,788.73$ Step 4 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 5 137,269$ 11,439$ 65.9948$ 5,279.58$ Compliance Division 8606 Utilities Compliance Administrator E M 35 Step 1 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 2 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 3 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 4 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 5 158,906$ 13,242$ 76.3971$ 6,111.77$ Page 8 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Customer Service Division 8515 Key Accounts Specialist NE M 28 Step 1 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 2 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 3 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 4 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 5 112,932$ 9,411$ 54.2940$ 4,343.52$ Electric Operations Division 8040 Electric Operations Supervisor E M 36 Step 1 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 2 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 3 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 4 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 5 166,851$ 13,904$ 80.2170$ 6,417.36$ 8015 Utilities Operations Manager E M 41 Step 1 175,194$ 14,599$ 84.2278$ 6,738.23$ Step 2 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 3 193,151$ 16,096$ 92.8611$ 7,428.89$ Step 4 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 5 212,949$ 17,746$ 102.3794$ 8,190.36$ Engineering Division (Public Utilities) 8112 Principal Electrical Engineer E M 38 Step 1 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 2 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 3 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 4 175,194$ 14,599$ 84.2278$ 6,738.23$ Step 5 183,954$ 15,329$ 88.4392$ 7,075.14$ 8110 Utilities Engineering Manager E M 42 Step 1 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 2 193,151$ 16,096$ 92.8611$ 7,428.89$ Step 3 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 4 212,949$ 17,746$ 102.3794$ 8,190.36$ Step 5 223,597$ 18,633$ 107.4984$ 8,599.87$ Gas Division 8210 Gas Systems Superintendent E M 36 Step 1 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 2 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 3 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 4 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 5 166,851$ 13,904$ 80.2170$ 6,417.36$ Page 9 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Resource Planning and Scheduling Division 8405 Integrated Resources Manager E M 42 Step 1 183,954$ 15,329$ 88.4392$ 7,075.14$ Step 2 193,151$ 16,096$ 92.8611$ 7,428.89$ Step 3 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 4 212,949$ 17,746$ 102.3794$ 8,190.36$ Step 5 223,597$ 18,633$ 107.4984$ 8,599.87$ 8411 Principal Resource Planner E M 37 Step 1 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 2 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 3 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 4 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 5 175,194$ 14,599$ 84.2278$ 6,738.23$ Water Operations Division 7905 Water Administrator E M 36 Step 1 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 2 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 3 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 4 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 5 166,851$ 13,904$ 80.2170$ 6,417.36$ 7915 Water Foreman E M 27 Step 1 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 2 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 3 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 4 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 5 107,554$ 8,963$ 51.7086$ 4,136.69$ 7911 Water Project Specialist E M 35 Step 1 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 2 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 3 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 4 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 5 158,906$ 13,242$ 76.3971$ 6,111.77$ 7910 Water Superintendent E M 33 Step 1 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 2 124,507$ 10,376$ 59.8592$ 4,788.73$ Step 3 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 4 137,269$ 11,439$ 65.9948$ 5,279.58$ Step 5 144,132$ 12,011$ 69.2945$ 5,543.56$ Page 10 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC WORKS DEPARTMENT 7008 Director of Public Works E E 44 Step 1 202,809$ 16,901$ 97.5042$ 7,800.34$ Step 2 212,949$ 17,746$ 102.3794$ 8,190.36$ Step 3 223,597$ 18,633$ 107.4984$ 8,599.87$ Step 4 234,777$ 19,565$ 112.8733$ 9,029.87$ Step 5 246,515$ 20,543$ 118.5170$ 9,481.36$ Building and Planning Division 7205 Building and Planning Manager E M 37 Step 1 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 2 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 3 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 4 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 5 175,194$ 14,599$ 84.2278$ 6,738.23$ Engineering Division (Public Works) 7118 Civil Engineer NE M 32 Step 1 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 2 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 3 124,507$ 10,376$ 59.8592$ 4,788.73$ Step 4 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 5 137,269$ 11,439$ 65.9948$ 5,279.58$ 7115 Principal Civil Engineer E M 37 Step 1 144,132$ 12,011$ 69.2945$ 5,543.56$ Step 2 151,339$ 12,612$ 72.7592$ 5,820.73$ Step 3 158,906$ 13,242$ 76.3971$ 6,111.77$ Step 4 166,851$ 13,904$ 80.2170$ 6,417.36$ Step 5 175,194$ 14,599$ 84.2278$ 6,738.23$ Public Works Operations Division 7307 Facilities Maintenance Supervisor E M 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 7515 Fleet Supervisor E M 27 Step 1 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 2 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 3 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 4 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 5 107,554$ 8,963$ 51.7086$ 4,136.69$ Page 11 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7308 Street Maintenance Supervisor E M 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 7300 Public Works Superintendent E M 32 Step 1 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 2 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 3 124,507$ 10,376$ 59.8592$ 4,788.73$ Step 4 130,732$ 10,894$ 62.8521$ 5,028.17$ Step 5 137,269$ 11,439$ 65.9948$ 5,279.58$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 12 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD ADMINISTRATIVE AND CLERICAL GROUP 1530 Administrative Assistant NE G 13 Step 1 44,691$ 3,724$ 21.4859$ 1,718.88$ Step 2 46,925$ 3,910$ 22.5602$ 1,804.82$ Step 3 49,272$ 4,106$ 23.6882$ 1,895.06$ Step 4 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 5 54,322$ 4,527$ 26.1163$ 2,089.30$ 1520 Administrative Assistant, Senior NE G 17 Step 1 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 2 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 3 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 4 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 5 66,029$ 5,502$ 31.7445$ 2,539.56$ FINANCE DEPARTMENT 1250 Account Clerk NE G 14 Step 1 46,925$ 3,910$ 22.5602$ 1,804.82$ Step 2 49,272$ 4,106$ 23.6882$ 1,895.06$ Step 3 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 4 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 5 57,038$ 4,753$ 27.4221$ 2,193.77$ 1247 Account Clerk, Senior NE G 18 Step 1 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 2 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 3 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 4 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 5 69,330$ 5,778$ 33.3317$ 2,666.54$ 1234 Assistant Buyer NE G 20 Step 1 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 2 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 3 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 4 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 5 76,436$ 6,370$ 36.7483$ 2,939.86$ 1249 Business License Clerk NE G 16 Step 1 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 2 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 3 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 4 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 5 62,884$ 5,240$ 30.2328$ 2,418.63$ 1237 Buyer NE G 23 Step 1 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 2 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 3 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 4 84,271$ 7,023$ 40.5150$ 3,241.20$ Page 1 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 88,485$ 7,374$ 42.5408$ 3,403.26$ 1255 Risk Management Assistant NE G 17 Step 1 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 2 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 3 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 4 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 5 66,029$ 5,502$ 31.7445$ 2,539.56$ FIRE DEPARTMENT 5050 Fire Code Inspector NE G 25 Step 1 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 2 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 3 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 4 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 5 97,554$ 8,130$ 46.9012$ 3,752.10$ 5049 Fire Code Inspector, Senior NE G 27 Step 1 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 2 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 3 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 4 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 5 107,554$ 8,963$ 51.7086$ 4,136.69$ HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2040 Environmental Health Technician NE G 17 Step 1 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 2 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 3 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 4 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 5 66,029$ 5,502$ 31.7445$ 2,539.56$ 2035 Environmental Health Specialist NE G 24 Step 1 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 2 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 3 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 4 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 5 92,909$ 7,742$ 44.6678$ 3,573.42$ POLICE DEPARTMENT 4125 Civilian Court Officer NE G 17 Step 1 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 2 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 3 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 4 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 5 66,029$ 5,502$ 31.7445$ 2,539.56$ 4123 Police Community Services Officer NE G 16 Step 1 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 2 54,322$ 4,527$ 26.1163$ 2,089.30$ Page 2 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 3 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 4 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 5 62,884$ 5,240$ 30.2328$ 2,418.63$ 4130 Police Dispatcher NE G 20 Step 1 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 2 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 3 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 4 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 5 76,436$ 6,370$ 36.7483$ 2,939.86$ 4115 Police Dispatcher, Lead NE G 23 Step 1 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 2 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 3 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 4 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 5 88,485$ 7,374$ 42.5408$ 3,403.26$ 4135 Police Records Technician NE G 14 Step 1 46,925$ 3,910$ 22.5602$ 1,804.82$ Step 2 49,272$ 4,106$ 23.6882$ 1,895.06$ Step 3 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 4 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 5 57,038$ 4,753$ 27.4221$ 2,193.77$ 4120 Police Records Technician, Lead NE G 17 Step 1 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 2 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 3 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 4 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 5 66,029$ 5,502$ 31.7445$ 2,539.56$ PUBLIC UTILITIES DEPARTMENT Compliance Division 8615 Utilities Compliance Analyst NE G 30 Step 1 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 2 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 3 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 4 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 5 124,507$ 10,376$ 59.8592$ 4,788.73$ Customer Service Division 8530 Utilities Customer Service Representative NE G 18 Step 1 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 2 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 3 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 4 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 5 69,330$ 5,778$ 33.3317$ 2,666.54$ Page 3 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Electric Operations Division 8140 Computer Aided Drafting Technician NE G 20 Step 1 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 2 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 3 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 4 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 5 76,436$ 6,370$ 36.7483$ 2,939.86$ Resource Planning and Scheduling Division 8425 Electric Service Planner NE G 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ Water Operations Division 7137 Assistant Civil Engineer - Public Utilities NE G 26 Step 1 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 2 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 3 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 4 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 5 102,432$ 8,536$ 49.2463$ 3,939.70$ 7145 Engineering Aide NE G 21 Step 1 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 2 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 3 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 4 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 5 80,258$ 6,688$ 38.5857$ 3,086.86$ 7935 Meter Reader NE G 18 Step 1 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 2 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 3 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 4 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 5 69,330$ 5,778$ 33.3317$ 2,666.54$ 7940 Meter Reader, Lead NE G 20 Step 1 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 2 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 3 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 4 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 5 76,436$ 6,370$ 36.7483$ 2,939.86$ 7930 Water Maintenance Worker NE G 18 Step 1 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 2 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 3 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 4 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 5 69,330$ 5,778$ 33.3317$ 2,666.54$ Page 4 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7925 Water Maintenance Worker, Senior NE G 22 Step 1 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 2 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 3 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 4 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 5 84,271$ 7,023$ 40.5150$ 3,241.20$ 7920 Water Project Coordinator E G 30 Step 1 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 2 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 3 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 4 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 5 124,507$ 10,376$ 59.8592$ 4,788.73$ PUBLIC WORKS DEPARTMENT Building and Planning Division 7227 Building Inspector NE G 25 Step 1 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 2 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 3 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 4 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 5 97,554$ 8,130$ 46.9012$ 3,752.10$ 7215 Building Inspector, Senior NE G 27 Step 1 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 2 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 3 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 4 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 5 107,554$ 8,963$ 51.7086$ 4,136.69$ 7225 Electrical Inspector NE G 25 Step 1 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 2 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 3 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 4 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 5 97,554$ 8,130$ 46.9012$ 3,752.10$ 7213 Electrical Inspector, Senior NE G 27 Step 1 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 2 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 3 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 4 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 5 107,554$ 8,963$ 51.7086$ 4,136.69$ 7250 Permit Technician NE G 17 Step 1 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 2 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 3 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 4 62,884$ 5,240$ 30.2328$ 2,418.63$ Page 5 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 66,029$ 5,502$ 31.7445$ 2,539.56$ 7220 Assistant Planner NE G 22 Step 1 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 2 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 3 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 4 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 5 84,271$ 7,023$ 40.5150$ 3,241.20$ 7235 Plumbing and Mechanical Inspector NE G 25 Step 1 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 2 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 3 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 4 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 5 97,554$ 8,130$ 46.9012$ 3,752.10$ 7217 Plumbing and Mechanical Inspector, Senior NE G 27 Step 1 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 2 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 3 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 4 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 5 107,554$ 8,963$ 51.7086$ 4,136.69$ Engineering Division (Public Works) 7140 Assistant Engineer NE G 25 Step 1 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 2 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 3 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 4 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 5 97,554$ 8,130$ 46.9012$ 3,752.10$ 7135 Associate Engineer NE G 29 Step 1 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 2 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 3 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 4 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 5 118,578$ 9,882$ 57.0087$ 4,560.70$ 7145 Engineering Aide NE G 21 Step 1 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 2 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 3 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 4 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 5 80,258$ 6,688$ 38.5857$ 3,086.86$ 7120 Project Engineer NE G 31 Step 1 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 2 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 3 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 4 124,507$ 10,376$ 59.8592$ 4,788.73$ Page 6 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 130,732$ 10,894$ 62.8521$ 5,028.17$ 7125 Stormwater and Special Projects Analyst NE G 28 Step 1 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 2 97,554$ 8,130$ 46.9012$ 3,752.10$ Step 3 102,432$ 8,536$ 49.2463$ 3,939.70$ Step 4 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 5 112,932$ 9,411$ 54.2940$ 4,343.52$ Facilities Maintenance Division 7720 Facilities Maintenance Worker NE G 18 Step 1 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 2 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 3 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 4 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 5 69,330$ 5,778$ 33.3317$ 2,666.54$ 7735 Facilities Maintenance Worker, Lead NE G 23 Step 1 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 2 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 3 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 4 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 5 88,485$ 7,374$ 42.5408$ 3,403.26$ 7730 Facilities Maintenance Worker, Senior NE G 20 Step 1 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 2 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 3 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 4 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 5 76,436$ 6,370$ 36.7483$ 2,939.86$ Garage Division 7530 Mechanic NE G 19 Step 1 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 2 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 3 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 4 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 5 72,797$ 6,066$ 34.9983$ 2,799.87$ 7520 Mechanic, Lead NE G 25 Step 1 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 2 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 3 88,485$ 7,374$ 42.5408$ 3,403.26$ Step 4 92,909$ 7,742$ 44.6678$ 3,573.42$ Step 5 97,554$ 8,130$ 46.9012$ 3,752.10$ 7525 Mechanic, Senior NE G 21 Step 1 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 2 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 3 72,797$ 6,066$ 34.9983$ 2,799.87$ Page 7 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 4 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 5 80,258$ 6,688$ 38.5857$ 3,086.86$ Street Maintenance Division 7430 Street Maintenance Worker NE G 15 Step 1 49,272$ 4,106$ 23.6882$ 1,895.06$ Step 2 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 3 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 4 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 5 59,890$ 4,991$ 28.7932$ 2,303.46$ 7427 Street Maintenance Worker, Lead NE G 23 Step 1 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 2 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 3 80,258$ 6,688$ 38.5857$ 3,086.86$ Step 4 84,271$ 7,023$ 40.5150$ 3,241.20$ Step 5 88,485$ 7,374$ 42.5408$ 3,403.26$ 7425 Street Maintenance Worker, Senior NE G 19 Step 1 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 2 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 3 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 4 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 5 72,797$ 6,066$ 34.9983$ 2,799.87$ Warehouse Division 7630 Warehouse Worker NE G 16 Step 1 51,735$ 4,311$ 24.8727$ 1,989.81$ Step 2 54,322$ 4,527$ 26.1163$ 2,089.30$ Step 3 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 4 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 5 62,884$ 5,240$ 30.2328$ 2,418.63$ 7620 Warehouse Worker, Lead NE G 21 Step 1 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 2 69,330$ 5,778$ 33.3317$ 2,666.54$ Step 3 72,797$ 6,066$ 34.9983$ 2,799.87$ Step 4 76,436$ 6,370$ 36.7483$ 2,939.86$ Step 5 80,258$ 6,688$ 38.5857$ 3,086.86$ 7625 Warehouse Worker, Senior NE G 18 Step 1 57,038$ 4,753$ 27.4221$ 2,193.77$ Step 2 59,890$ 4,991$ 28.7932$ 2,303.46$ Step 3 62,884$ 5,240$ 30.2328$ 2,418.63$ Step 4 66,029$ 5,502$ 31.7445$ 2,539.56$ Step 5 69,330$ 5,778$ 33.3317$ 2,666.54$ Public Works Operations Division 7130 Public Works Project Coordinator NE G 30 Step 1 102,432$ 8,536$ 49.2463$ 3,939.70$ Page 8 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 2 107,554$ 8,963$ 51.7086$ 4,136.69$ Step 3 112,932$ 9,411$ 54.2940$ 4,343.52$ Step 4 118,578$ 9,882$ 57.0087$ 4,560.70$ Step 5 124,507$ 10,376$ 59.8592$ 4,788.73$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 9 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD POLICE DEPARTMENT 4030 Police Officer NE PO 26 Step 1 81,030$ 6,753$ 38.9568$ 3,116.55$ Step 2 85,082$ 7,090$ 40.9047$ 3,272.38$ Step 3 89,336$ 7,445$ 42.9500$ 3,436.00$ Step 4 93,803$ 7,817$ 45.0974$ 3,607.80$ Step 5 98,493$ 8,208$ 47.3523$ 3,788.18$ 4025 Police Sergeant NE PO 31 Step 1 103,417$ 8,618$ 49.7199$ 3,977.59$ Step 2 108,588$ 9,049$ 52.2059$ 4,176.48$ Step 3 114,018$ 9,501$ 54.8162$ 4,385.30$ Step 4 119,719$ 9,977$ 57.5570$ 4,604.56$ Step 5 125,705$ 10,475$ 60.4349$ 4,834.79$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 1 of 1 City of Vernon Classification and Compensation Plan Fiscal Year: 2020-2021 Effective July 5, 2020 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD POLICE DEPARTMENT 4015 Police Captain E PM 40 Step 1 160,435$ 13,370$ 77.1320$ 6,170.56$ Step 2 168,456$ 14,038$ 80.9886$ 6,479.09$ Step 3 176,879$ 14,740$ 85.0381$ 6,803.04$ Step 4 185,723$ 15,477$ 89.2900$ 7,143.20$ Step 5 195,009$ 16,251$ 93.7545$ 7,500.36$ 4020 Police Lieutenant NE PM 37 Step 1 138,589$ 11,549$ 66.6295$ 5,330.36$ Step 2 145,519$ 12,127$ 69.9610$ 5,596.88$ Step 3 152,795$ 12,733$ 73.4590$ 5,876.72$ Step 4 160,435$ 13,370$ 77.1320$ 6,170.56$ Step 5 168,456$ 14,038$ 80.9886$ 6,479.09$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 1 of 1 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD CITY COUNCIL 1025 Council Member E O 01 29,863$ 2,489$ N/A 1,148.59$ 1030 Mayor E O 01 29,863$ 2,489$ N/A 1,148.59$ CITY ADMINISTRATION DEPARTMENT 1010 City Administrator E E 50 Step 1 279,936$ 23,328$ 134.5847$ 10,766.78$ Step 2 293,933$ 24,494$ 141.3140$ 11,305.12$ Step 3 308,630$ 25,719$ 148.3797$ 11,870.37$ Step 4 324,061$ 27,005$ 155.7987$ 12,463.89$ Step 5 340,264$ 28,355$ 163.5886$ 13,087.09$ 1015 Deputy City Administrator E M 40 Step 1 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 2 180,449$ 15,037$ 86.7545$ 6,940.36$ Step 3 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 4 198,945$ 16,579$ 95.6468$ 7,651.74$ Step 5 208,893$ 17,408$ 100.4292$ 8,034.33$ 1020 Economic Development Manager E M 34 Step 1 128,242$ 10,687$ 61.6547$ 4,932.38$ Step 2 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 3 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 4 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 5 155,879$ 12,990$ 74.9417$ 5,995.34$ 1035 Public Information Officer E M 31 Step 1 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 2 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 3 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 4 128,242$ 10,687$ 61.6547$ 4,932.38$ Step 5 134,654$ 11,221$ 64.7375$ 5,179.00$ Information Technology Division 1625 Information Technology Analyst NE C 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 1620 Information Technology Analyst, Senior NE C 30 Step 1 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 2 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 3 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 4 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 5 128,242$ 10,687$ 61.6547$ 4,932.38$ Page 1 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1610 Information Technology Manager E M 37 Step 1 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 2 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 3 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 4 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 5 180,449$ 15,037$ 86.7545$ 6,940.36$ 1630 Information Technology Technician NE C 22 Step 1 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 2 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 3 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 4 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 5 86,799$ 7,233$ 41.7304$ 3,338.43$ 1615 Programmer/Analyst E C 30 Step 1 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 2 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 3 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 4 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 5 128,242$ 10,687$ 61.6547$ 4,932.38$ CITY ATTORNEY'S OFFICE 1110 City Attorney E E 49 Step 1 266,606$ 22,217$ 128.1759$ 10,254.07$ Step 2 279,936$ 23,328$ 134.5847$ 10,766.78$ Step 3 293,933$ 24,494$ 141.3140$ 11,305.12$ Step 4 308,630$ 25,719$ 148.3797$ 11,870.37$ Step 5 324,061$ 27,005$ 155.7987$ 12,463.89$ 1115 Deputy City Attorney E M 38 Step 1 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 2 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 3 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 4 180,449$ 15,037$ 86.7545$ 6,940.36$ Step 5 189,472$ 15,789$ 91.0922$ 7,287.37$ 1507 Executive Legal Secretary NE C 23 Step 1 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 2 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 3 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 4 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 5 91,139$ 7,595$ 43.8169$ 3,505.35$ Page 2 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1495 Legal Administrative Analyst NE C 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 1113 Senior Deputy City Attorney E M 39 Step 1 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 2 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 3 180,449$ 15,037$ 86.7545$ 6,940.36$ Step 4 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 5 198,945$ 16,579$ 95.6468$ 7,651.74$ CITY CLERK DEPARTMENT 1310 City Clerk E E 41 Step 1 180,449$ 15,037$ 86.7545$ 6,940.36$ Step 2 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 3 198,945$ 16,579$ 95.6468$ 7,651.74$ Step 4 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 5 219,337$ 18,278$ 105.4506$ 8,436.05$ 1315 Deputy City Clerk NE C 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 1320 Records Management Assistant NE C 20 Step 1 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 2 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 3 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 4 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 5 78,729$ 6,561$ 37.8507$ 3,028.06$ ADMINISTRATIVE AND CLERICAL GROUP 1530 Administrative Assistant, (Confidential)NE C 13 Step 1 46,031$ 3,836$ 22.1305$ 1,770.44$ Step 2 48,333$ 4,028$ 23.2370$ 1,858.96$ Step 3 50,750$ 4,229$ 24.3989$ 1,951.91$ Step 4 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 5 55,952$ 4,663$ 26.8998$ 2,151.98$ Page 3 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1520 Administrative Assistant, Senior (Confidential)NE C 17 Step 1 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 2 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 3 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 4 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 5 68,010$ 5,667$ 32.6969$ 2,615.75$ 1510 Administrative Secretary NE C 20 Step 1 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 2 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 3 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 4 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 5 78,729$ 6,561$ 37.8507$ 3,028.06$ 1500 Executive Assistant to the City Administrator NE C 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 1490 Administrative Analyst NE C 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ FINANCE DEPARTMENT 1240 Accountant NE C 22 Step 1 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 2 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 3 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 4 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 5 86,799$ 7,233$ 41.7304$ 3,338.43$ 1230 Accountant, Senior NE C 27 Step 1 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 2 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 3 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 4 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 5 110,780$ 9,232$ 53.2597$ 4,260.78$ Page 4 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 1220 Assistant Finance Director E M 39 Step 1 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 2 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 3 180,449$ 15,037$ 86.7545$ 6,940.36$ Step 4 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 5 198,945$ 16,579$ 95.6468$ 7,651.74$ 1225 Deputy City Treasurer E M 35 Step 1 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 2 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 3 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 4 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 5 163,673$ 13,639$ 78.6888$ 6,295.11$ 1210 Director of Finance/City Treasurer E E 44 Step 1 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 2 219,337$ 18,278$ 105.4506$ 8,436.05$ Step 3 230,304$ 19,192$ 110.7232$ 8,857.86$ Step 4 241,819$ 20,152$ 116.2593$ 9,300.75$ Step 5 253,910$ 21,159$ 122.0723$ 9,765.78$ 1245 Payroll Specialist NE C 19 Step 1 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 2 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 3 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 4 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 5 74,980$ 6,248$ 36.0483$ 2,883.86$ 1248 Public Housing Property Coordinator NE C 16 Step 1 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 2 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 3 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 4 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 5 64,771$ 5,398$ 31.1399$ 2,491.19$ FIRE DEPARTMENT 5033 Assistant Fire Marshal NE M 29 Step 1 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 2 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 3 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 4 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 5 122,135$ 10,178$ 58.7188$ 4,697.50$ Page 5 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 5055 Fire Administrative Analyst NE C 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 5010 Fire Chief E E 46 Step 1 230,304$ 19,192$ 110.7232$ 8,857.86$ Step 2 241,819$ 20,152$ 116.2593$ 9,300.75$ Step 3 253,910$ 21,159$ 122.0723$ 9,765.78$ Step 4 266,606$ 22,217$ 128.1759$ 10,254.07$ Step 5 279,936$ 23,328$ 134.5847$ 10,766.78$ HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2010 Director of Health and Environmental Control E E 43 Step 1 198,945$ 16,579$ 95.6468$ 7,651.74$ Step 2 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 3 219,337$ 18,278$ 105.4506$ 8,436.05$ Step 4 230,304$ 19,192$ 110.7232$ 8,857.86$ Step 5 241,819$ 20,152$ 116.2593$ 9,300.75$ 2020 Environmental Health Program Administrator E M 34 Step 1 128,242$ 10,687$ 61.6547$ 4,932.38$ Step 2 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 3 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 4 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 5 155,879$ 12,990$ 74.9417$ 5,995.34$ 2022 Environmental Specialist, Temporary NE T26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 6 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 7 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 8 122,135$ 10,178$ 58.7188$ 4,697.50$ 2045 Environmental Health Intern NE Hourly Step 1 15.0000$ Page 6 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD HUMAN RESOURCES DEPARTMENT 1410 Director of Human Resources E E 42 Step 1 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 2 198,945$ 16,579$ 95.6468$ 7,651.74$ Step 3 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 4 219,337$ 18,278$ 105.4506$ 8,436.05$ Step 5 230,304$ 19,192$ 110.7232$ 8,857.86$ 1420 Human Resources Analyst NE C 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 1415 Human Resources Analyst, Senior E M 33 Step 1 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 2 128,242$ 10,687$ 61.6547$ 4,932.38$ Step 3 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 4 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 5 148,456$ 12,371$ 71.3731$ 5,709.84$ 1425 Human Resources Assistant NE C 17 Step 1 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 2 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 3 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 4 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 5 68,010$ 5,667$ 32.6969$ 2,615.75$ INDUSTRIAL DEVELOPMENT DEPARTMENT 3010 Industrial Development Director E E 39 Step 1 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 2 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 3 180,449$ 15,037$ 86.7545$ 6,940.36$ Step 4 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 5 198,945$ 16,579$ 95.6468$ 7,651.74$ POLICE DEPARTMENT 4035 Police Cadet NE 3180 Step 1 38,892$ 3,241$ 18.6981$ 1,495.85$ Step 2 36,864$ 3,072$ 17.7231$ 1,417.85$ Step 3 34,944$ 2,912$ 16.8000$ 1,344.00$ Step 4 33,120$ 2,760$ 15.9231$ 1,273.85$ Step 5 31,380$ 2,615$ 15.0865$ 1,206.92$ Step 6 29,760$ 2,480$ 14.3077$ 1,144.62$ Step 7 28,212$ 2,351$ 13.5635$ 1,085.08$ Step 8 26,736$ 2,228$ 12.8538$ 1,028.31$ Page 7 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 4010 Police Chief E E 47 Step 1 241,819$ 20,152$ 116.2593$ 9,300.75$ Step 2 253,910$ 21,159$ 122.0723$ 9,765.78$ Step 3 266,606$ 22,217$ 128.1759$ 10,254.07$ Step 4 279,936$ 23,328$ 134.5847$ 10,766.78$ Step 5 293,933$ 24,494$ 141.3140$ 11,305.12$ 4110 Police Records Manager NE M 27 Step 1 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 2 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 3 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 4 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 5 110,780$ 9,232$ 53.2597$ 4,260.78$ 4145 Reserve Police Officer NE Stipend Step 1 3,600$ PUBLIC UTILITIES DEPARTMENT 8008 General Manager of Public Utilities E E 48 Step 1 253,910$ 21,159$ 122.0723$ 9,765.78$ Step 2 266,606$ 22,217$ 128.1759$ 10,254.07$ Step 3 279,936$ 23,328$ 134.5847$ 10,766.78$ Step 4 293,933$ 24,494$ 141.3140$ 11,305.12$ Step 5 308,630$ 25,719$ 148.3797$ 11,870.37$ 8011 Assistant General Manager of Public Utilities E M 43 Step 1 198,945$ 16,579$ 95.6468$ 7,651.74$ Step 2 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 3 219,337$ 18,278$ 105.4506$ 8,436.05$ Step 4 230,304$ 19,192$ 110.7232$ 8,857.86$ Step 5 241,819$ 20,152$ 116.2593$ 9,300.75$ Business and Accounts Division 8710 Business and Account Supervisor E M 32 Step 1 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 2 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 3 128,242$ 10,687$ 61.6547$ 4,932.38$ Step 4 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 5 141,387$ 11,782$ 67.9743$ 5,437.95$ Compliance Division 8606 Utilities Compliance Administrator E M 35 Step 1 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 2 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 3 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 4 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 5 163,673$ 13,639$ 78.6888$ 6,295.11$ Page 8 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Customer Service Division 8515 Key Accounts Specialist NE M 28 Step 1 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 2 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 3 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 4 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 5 116,319$ 9,693$ 55.9227$ 4,473.81$ Electric Operations Division 8040 Electric Operations Supervisor E M 36 Step 1 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 2 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 3 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 4 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 5 171,856$ 14,321$ 82.6233$ 6,609.86$ 8015 Utilities Operations Manager E M 41 Step 1 180,449$ 15,037$ 86.7545$ 6,940.36$ Step 2 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 3 198,945$ 16,579$ 95.6468$ 7,651.74$ Step 4 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 5 219,337$ 18,278$ 105.4506$ 8,436.05$ Engineering Division (Public Utilities) 8112 Principal Electrical Engineer E M 38 Step 1 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 2 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 3 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 4 180,449$ 15,037$ 86.7545$ 6,940.36$ Step 5 189,472$ 15,789$ 91.0922$ 7,287.37$ 8110 Utilities Engineering Manager E M 42 Step 1 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 2 198,945$ 16,579$ 95.6468$ 7,651.74$ Step 3 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 4 219,337$ 18,278$ 105.4506$ 8,436.05$ Step 5 230,304$ 19,192$ 110.7232$ 8,857.86$ Gas Division 8210 Gas Systems Superintendent E M 36 Step 1 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 2 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 3 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 4 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 5 171,856$ 14,321$ 82.6233$ 6,609.86$ Page 9 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Resource Planning and Scheduling Division 8405 Integrated Resources Manager E M 42 Step 1 189,472$ 15,789$ 91.0922$ 7,287.37$ Step 2 198,945$ 16,579$ 95.6468$ 7,651.74$ Step 3 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 4 219,337$ 18,278$ 105.4506$ 8,436.05$ Step 5 230,304$ 19,192$ 110.7232$ 8,857.86$ 8411 Principal Resource Planner E M 37 Step 1 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 2 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 3 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 4 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 5 180,449$ 15,037$ 86.7545$ 6,940.36$ Water Operations Division 7905 Water Administrator E M 36 Step 1 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 2 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 3 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 4 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 5 171,856$ 14,321$ 82.6233$ 6,609.86$ 7915 Water Foreman E M 27 Step 1 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 2 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 3 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 4 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 5 110,780$ 9,232$ 53.2597$ 4,260.78$ 7911 Water Project Specialist E M 35 Step 1 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 2 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 3 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 4 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 5 163,673$ 13,639$ 78.6888$ 6,295.11$ 7910 Water Superintendent E M 33 Step 1 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 2 128,242$ 10,687$ 61.6547$ 4,932.38$ Step 3 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 4 141,387$ 11,782$ 67.9743$ 5,437.95$ Step 5 148,456$ 12,371$ 71.3731$ 5,709.84$ Page 10 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD PUBLIC WORKS DEPARTMENT 7008 Director of Public Works E E 44 Step 1 208,893$ 17,408$ 100.4292$ 8,034.33$ Step 2 219,337$ 18,278$ 105.4506$ 8,436.05$ Step 3 230,304$ 19,192$ 110.7232$ 8,857.86$ Step 4 241,819$ 20,152$ 116.2593$ 9,300.75$ Step 5 253,910$ 21,159$ 122.0723$ 9,765.78$ Building and Planning Division 7205 Building and Planning Manager E M 37 Step 1 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 2 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 3 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 4 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 5 180,449$ 15,037$ 86.7545$ 6,940.36$ Engineering Division (Public Works) 7118 Civil Engineer NE M 32 Step 1 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 2 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 3 128,242$ 10,687$ 61.6547$ 4,932.38$ Step 4 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 5 141,387$ 11,782$ 67.9743$ 5,437.95$ 7115 Principal Civil Engineer E M 37 Step 1 148,456$ 12,371$ 71.3731$ 5,709.84$ Step 2 155,879$ 12,990$ 74.9417$ 5,995.34$ Step 3 163,673$ 13,639$ 78.6888$ 6,295.11$ Step 4 171,856$ 14,321$ 82.6233$ 6,609.86$ Step 5 180,449$ 15,037$ 86.7545$ 6,940.36$ Public Works Operations Division 7307 Facilities Maintenance Supervisor E M 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 7515 Fleet Supervisor E M 27 Step 1 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 2 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 3 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 4 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 5 110,780$ 9,232$ 53.2597$ 4,260.78$ Page 11 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7308 Street Maintenance Supervisor E M 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 7300 Public Works Superintendent E M 32 Step 1 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 2 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 3 128,242$ 10,687$ 61.6547$ 4,932.38$ Step 4 134,654$ 11,221$ 64.7375$ 5,179.00$ Step 5 141,387$ 11,782$ 67.9743$ 5,437.95$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 12 of 12 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD ADMINISTRATIVE AND CLERICAL GROUP 1530 Administrative Assistant NE G 13 Step 1 46,031$ 3,836$ 22.1305$ 1,770.44$ Step 2 48,333$ 4,028$ 23.2370$ 1,858.96$ Step 3 50,750$ 4,229$ 24.3989$ 1,951.91$ Step 4 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 5 55,952$ 4,663$ 26.8998$ 2,151.98$ 1520 Administrative Assistant, Senior NE G 17 Step 1 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 2 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 3 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 4 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 5 68,010$ 5,667$ 32.6969$ 2,615.75$ FINANCE DEPARTMENT 1250 Account Clerk NE G 14 Step 1 48,333$ 4,028$ 23.2370$ 1,858.96$ Step 2 50,750$ 4,229$ 24.3989$ 1,951.91$ Step 3 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 4 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 5 58,749$ 4,896$ 28.2448$ 2,259.58$ 1247 Account Clerk, Senior NE G 18 Step 1 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 2 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 3 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 4 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 5 71,410$ 5,951$ 34.3317$ 2,746.54$ 1234 Assistant Buyer NE G 20 Step 1 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 2 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 3 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 4 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 5 78,729$ 6,561$ 37.8507$ 3,028.06$ 1249 Business License Clerk NE G 16 Step 1 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 2 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 3 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 4 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 5 64,771$ 5,398$ 31.1399$ 2,491.19$ 1237 Buyer NE G 23 Step 1 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 2 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 3 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 4 86,799$ 7,233$ 41.7304$ 3,338.43$ Page 1 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 91,139$ 7,595$ 43.8169$ 3,505.35$ 1255 Risk Management Assistant NE G 17 Step 1 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 2 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 3 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 4 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 5 68,010$ 5,667$ 32.6969$ 2,615.75$ FIRE DEPARTMENT 5050 Fire Code Inspector NE G 25 Step 1 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 2 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 3 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 4 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 5 100,481$ 8,373$ 48.3081$ 3,864.65$ 5049 Fire Code Inspector, Senior NE G 27 Step 1 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 2 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 3 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 4 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 5 110,780$ 9,232$ 53.2597$ 4,260.78$ HEALTH AND ENVIRONMENTAL CONTROL DEPARTMENT 2040 Environmental Health Technician NE G 17 Step 1 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 2 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 3 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 4 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 5 68,010$ 5,667$ 32.6969$ 2,615.75$ 2035 Environmental Health Specialist NE G 24 Step 1 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 2 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 3 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 4 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 5 95,696$ 7,975$ 46.0078$ 3,680.62$ POLICE DEPARTMENT 4125 Civilian Court Officer NE G 17 Step 1 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 2 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 3 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 4 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 5 68,010$ 5,667$ 32.6969$ 2,615.75$ 4123 Police Community Services Officer NE G 16 Step 1 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 2 55,952$ 4,663$ 26.8998$ 2,151.98$ Page 2 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 3 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 4 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 5 64,771$ 5,398$ 31.1399$ 2,491.19$ 4130 Police Dispatcher NE G 20 Step 1 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 2 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 3 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 4 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 5 78,729$ 6,561$ 37.8507$ 3,028.06$ 4115 Police Dispatcher, Lead NE G 23 Step 1 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 2 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 3 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 4 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 5 91,139$ 7,595$ 43.8169$ 3,505.35$ 4135 Police Records Technician NE G 14 Step 1 48,333$ 4,028$ 23.2370$ 1,858.96$ Step 2 50,750$ 4,229$ 24.3989$ 1,951.91$ Step 3 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 4 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 5 58,749$ 4,896$ 28.2448$ 2,259.58$ 4120 Police Records Technician, Lead NE G 17 Step 1 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 2 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 3 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 4 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 5 68,010$ 5,667$ 32.6969$ 2,615.75$ PUBLIC UTILITIES DEPARTMENT Compliance Division 8615 Utilities Compliance Analyst NE G 30 Step 1 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 2 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 3 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 4 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 5 128,242$ 10,687$ 61.6547$ 4,932.38$ Customer Service Division 8530 Utilities Customer Service Representative NE G 18 Step 1 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 2 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 3 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 4 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 5 71,410$ 5,951$ 34.3317$ 2,746.54$ Page 3 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Electric Operations Division 8140 Computer Aided Drafting Technician NE G 20 Step 1 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 2 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 3 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 4 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 5 78,729$ 6,561$ 37.8507$ 3,028.06$ Resource Planning and Scheduling Division 8425 Electric Service Planner NE G 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ Water Operations Division 7137 Assistant Civil Engineer - Public Utilities NE G 26 Step 1 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 2 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 3 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 4 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 5 105,505$ 8,792$ 50.7235$ 4,057.88$ 7145 Engineering Aide NE G 21 Step 1 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 2 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 3 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 4 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 5 82,666$ 6,889$ 39.7433$ 3,179.46$ 7935 Meter Reader NE G 18 Step 1 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 2 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 3 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 4 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 5 71,410$ 5,951$ 34.3317$ 2,746.54$ 7940 Meter Reader, Lead NE G 20 Step 1 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 2 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 3 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 4 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 5 78,729$ 6,561$ 37.8507$ 3,028.06$ 7930 Water Maintenance Worker NE G 18 Step 1 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 2 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 3 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 4 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 5 71,410$ 5,951$ 34.3317$ 2,746.54$ Page 4 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD 7925 Water Maintenance Worker, Senior NE G 22 Step 1 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 2 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 3 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 4 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 5 86,799$ 7,233$ 41.7304$ 3,338.43$ 7920 Water Project Coordinator E G 30 Step 1 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 2 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 3 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 4 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 5 128,242$ 10,687$ 61.6547$ 4,932.38$ PUBLIC WORKS DEPARTMENT Building and Planning Division 7227 Building Inspector NE G 25 Step 1 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 2 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 3 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 4 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 5 100,481$ 8,373$ 48.3081$ 3,864.65$ 7215 Building Inspector, Senior NE G 27 Step 1 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 2 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 3 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 4 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 5 110,780$ 9,232$ 53.2597$ 4,260.78$ 7225 Electrical Inspector NE G 25 Step 1 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 2 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 3 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 4 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 5 100,481$ 8,373$ 48.3081$ 3,864.65$ 7213 Electrical Inspector, Senior NE G 27 Step 1 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 2 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 3 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 4 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 5 110,780$ 9,232$ 53.2597$ 4,260.78$ 7250 Permit Technician NE G 17 Step 1 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 2 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 3 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 4 64,771$ 5,398$ 31.1399$ 2,491.19$ Page 5 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 68,010$ 5,667$ 32.6969$ 2,615.75$ 7220 Assistant Planner NE G 22 Step 1 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 2 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 3 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 4 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 5 86,799$ 7,233$ 41.7304$ 3,338.43$ 7235 Plumbing and Mechanical Inspector NE G 25 Step 1 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 2 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 3 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 4 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 5 100,481$ 8,373$ 48.3081$ 3,864.65$ 7217 Plumbing and Mechanical Inspector, Senior NE G 27 Step 1 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 2 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 3 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 4 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 5 110,780$ 9,232$ 53.2597$ 4,260.78$ Engineering Division (Public Works) 7140 Assistant Engineer NE G 25 Step 1 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 2 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 3 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 4 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 5 100,481$ 8,373$ 48.3081$ 3,864.65$ 7135 Associate Engineer NE G 29 Step 1 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 2 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 3 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 4 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 5 122,135$ 10,178$ 58.7188$ 4,697.50$ 7145 Engineering Aide NE G 21 Step 1 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 2 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 3 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 4 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 5 82,666$ 6,889$ 39.7433$ 3,179.46$ 7120 Project Engineer NE G 31 Step 1 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 2 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 3 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 4 128,242$ 10,687$ 61.6547$ 4,932.38$ Page 6 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 5 134,654$ 11,221$ 64.7375$ 5,179.00$ 7125 Stormwater and Special Projects Analyst NE G 28 Step 1 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 2 100,481$ 8,373$ 48.3081$ 3,864.65$ Step 3 105,505$ 8,792$ 50.7235$ 4,057.88$ Step 4 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 5 116,319$ 9,693$ 55.9227$ 4,473.81$ Facilities Maintenance Division 7720 Facilities Maintenance Worker NE G 18 Step 1 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 2 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 3 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 4 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 5 71,410$ 5,951$ 34.3317$ 2,746.54$ 7735 Facilities Maintenance Worker, Lead NE G 23 Step 1 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 2 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 3 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 4 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 5 91,139$ 7,595$ 43.8169$ 3,505.35$ 7730 Facilities Maintenance Worker, Senior NE G 20 Step 1 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 2 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 3 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 4 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 5 78,729$ 6,561$ 37.8507$ 3,028.06$ Garage Division 7530 Mechanic NE G 19 Step 1 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 2 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 3 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 4 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 5 74,980$ 6,248$ 36.0483$ 2,883.86$ 7520 Mechanic, Lead NE G 25 Step 1 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 2 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 3 91,139$ 7,595$ 43.8169$ 3,505.35$ Step 4 95,696$ 7,975$ 46.0078$ 3,680.62$ Step 5 100,481$ 8,373$ 48.3081$ 3,864.65$ 7525 Mechanic, Senior NE G 21 Step 1 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 2 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 3 74,980$ 6,248$ 36.0483$ 2,883.86$ Page 7 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 4 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 5 82,666$ 6,889$ 39.7433$ 3,179.46$ Street Maintenance Division 7430 Street Maintenance Worker NE G 15 Step 1 50,750$ 4,229$ 24.3989$ 1,951.91$ Step 2 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 3 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 4 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 5 61,687$ 5,141$ 29.6570$ 2,372.56$ 7427 Street Maintenance Worker, Lead NE G 23 Step 1 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 2 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 3 82,666$ 6,889$ 39.7433$ 3,179.46$ Step 4 86,799$ 7,233$ 41.7304$ 3,338.43$ Step 5 91,139$ 7,595$ 43.8169$ 3,505.35$ 7425 Street Maintenance Worker, Senior NE G 19 Step 1 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 2 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 3 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 4 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 5 74,980$ 6,248$ 36.0483$ 2,883.86$ Warehouse Division 7630 Warehouse Worker NE G 16 Step 1 53,287$ 4,441$ 25.6188$ 2,049.51$ Step 2 55,952$ 4,663$ 26.8998$ 2,151.98$ Step 3 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 4 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 5 64,771$ 5,398$ 31.1399$ 2,491.19$ 7620 Warehouse Worker, Lead NE G 21 Step 1 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 2 71,410$ 5,951$ 34.3317$ 2,746.54$ Step 3 74,980$ 6,248$ 36.0483$ 2,883.86$ Step 4 78,729$ 6,561$ 37.8507$ 3,028.06$ Step 5 82,666$ 6,889$ 39.7433$ 3,179.46$ 7625 Warehouse Worker, Senior NE G 18 Step 1 58,749$ 4,896$ 28.2448$ 2,259.58$ Step 2 61,687$ 5,141$ 29.6570$ 2,372.56$ Step 3 64,771$ 5,398$ 31.1399$ 2,491.19$ Step 4 68,010$ 5,667$ 32.6969$ 2,615.75$ Step 5 71,410$ 5,951$ 34.3317$ 2,746.54$ Public Works Operations Division 7130 Public Works Project Coordinator NE G 30 Step 1 105,505$ 8,792$ 50.7235$ 4,057.88$ Page 8 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD Step 2 110,780$ 9,232$ 53.2597$ 4,260.78$ Step 3 116,319$ 9,693$ 55.9227$ 4,473.81$ Step 4 122,135$ 10,178$ 58.7188$ 4,697.50$ Step 5 128,242$ 10,687$ 61.6547$ 4,932.38$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 9 of 9 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD POLICE DEPARTMENT 4030 Police Officer NE PO 26 Step 1 81,840$ 6,820$ 39.3463$ 3,147.71$ Step 2 85,932$ 7,161$ 41.3136$ 3,305.09$ Step 3 90,229$ 7,519$ 43.3793$ 3,470.34$ Step 4 94,740$ 7,895$ 45.5483$ 3,643.86$ Step 5 99,477$ 8,290$ 47.8257$ 3,826.05$ 4025 Police Sergeant NE PO 31 Step 1 104,451$ 8,704$ 50.2169$ 4,017.36$ Step 2 109,674$ 9,139$ 52.7278$ 4,218.22$ Step 3 115,157$ 9,596$ 55.3641$ 4,429.13$ Step 4 120,915$ 10,076$ 58.1323$ 4,650.59$ Step 5 126,961$ 10,580$ 61.0389$ 4,883.11$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 1 of 1 City of Vernon Classification and Compensation Plan Fiscal Year: 2021-2022 Effective July 4, 2021 CLASS CODE OCCUPATIONAL JOB FAMILIES AND JOB CLASSES FLSA EMPLOYEE GROUP PAY GRADE {a} ANNUAL {a} MONTHLY HOURLY PAY PERIOD POLICE DEPARTMENT 4015 Police Captain E PM 40 Step 1 162,038$ 13,503$ 77.9028$ 6,232.23$ Step 2 170,140$ 14,178$ 81.7980$ 6,543.84$ Step 3 178,647$ 14,887$ 85.8879$ 6,871.03$ Step 4 187,579$ 15,632$ 90.1823$ 7,214.58$ Step 5 196,958$ 16,413$ 94.6914$ 7,575.31$ 4020 Police Lieutenant NE PM 37 Step 1 139,974$ 11,665$ 67.2954$ 5,383.63$ Step 2 146,973$ 12,248$ 70.6602$ 5,652.81$ Step 3 154,322$ 12,860$ 74.1932$ 5,935.45$ Step 4 162,038$ 13,503$ 77.9028$ 6,232.23$ Step 5 170,140$ 14,178$ 81.7980$ 6,543.84$ Footnote: {a} - The annual and monthly salaries are reported as whole dollar without the cents ONLY for reporting purposes. Page 1 of 1 City Council Agenda Item Report Agenda Item No. COV-349-2019 Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: August 6, 2019 SUBJECT A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association 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 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 attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Management Association Background: The existing memoranda of understanding (MOU's) between the City of Vernon and the City's six bargaining groups expired June 30, 2019. Pursuant to City Council direction and authority, negotiations with all six bargaining groups began in March 2019. Labor negotiations with the Vernon Police Management Association, representing sworn Police Captain and Police Lieutenants, have been ongoing since March 2019 for a successor MOU. On July 18, 2019, the membership ratified a tentative agreement on a successor MOU. Based on the direction and authority provided by the City Council, it is recommended that City Council approve a successor Memorandum of Understanding for the period of July 1, 2019 through June 30, 2022 that reflects the following key provisions: * The term of the agreement is for three (3) years from July 1, 2019 through June 30, 2022 * A one percent (1%) Cost of Living Adjustment to salaries (COLA) effective in July of each year during the term of the agreement * Employees who are considered to be "Classic" employees as defined by the California Public Employees Retirement System (CalPERS) will increase the amount paid towards the cost of their retirement benefit by an additional one percent (1%) per year for a total contribution of twelve percent (12%) by the third year of the agreement * Increase of one percent (1%) per year for officers who possess an Intermediate P.O.S.T. Certificate * Increase of two percent (2%) per year for officers who possess an Advanced P.O.S.T. Certificate * Increase of eighty (80) hours in Association Business Time shared among association board members * Retiree medical benefits have been revised for all new VPMA employees hired by the City after July 1, 2019, eliminating lifetime medical insurance coverage for the retiree's spouse consistent with the benefits provided to non-safety employees * Various minor language changes to update and or eliminated outdated or obsolete language that is either no longer in effect or required update to reflect current practices. The changes from the previous MOU are highlighted in the attached proposed draft 2019 - 2022 MOU. Fiscal Impact: The fiscal impact of these proposed changes is approximately $4,535 for fiscal year 2019/2020. Funds have been included in the proposed FY 2019/2020 budget. ATTACHMENTS 1. Resolution - VPMA MOU 2019-2022 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2022 WHEREAS, the Vernon Police Management Association (“VPMA”) has been recognized as an employee organization and has met and conferred with the Municipal Employee Relations Representative of the City of Vernon (the “MERR”); and WHEREAS, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-39, approving a Memorandum of Understanding by and between the City and the VPMA for the period of July 1, 2016 through June 30, 2019; and WHEREAS, the City and VPMA have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2019 through June 30, 2022; and WHEREAS, representative members of the VPMA and the City have agreed to execute a Memorandum of Understanding (“MOU”) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VPMA, for the period of July 1, 2019 through June 30, 2022; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (“CEQA”) review, because it is an administrative action that will - 2 - 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. SECTION 3: The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the Vernon Police Management Association, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the MOU attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk’s designee, to send a fully executed MOU to Brandon Gray, VPMA President. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / - 3 - SECTION 6: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of August, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2019, at Vernon, California. Deborah Harrington, Interim City Clerk (SEAL) EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE MANAGEMENT ASSOCIATION July 1, 2016 2019 through June 30, 20192022 1 TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Parties to the Memorandum of Understanding ....…………………………………..………4 ARTICLE ONE: FUNDAMENTALS Section 1: Recognition ……………………………………………………………….. 5 Section 2: No Discrimination ………………………………………………………… 5 Section 3: Mutual Cooperation ……………………………………………………….. 5 Section 4: No Strikes or Lockouts ……………………………………………………. 5 Section 5: City/VPMA Meetings …………………………………………………... 5 Section 6: Association Business ……………………………………………………… 5 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM Section 1: Legal Limitations and Savings Clause ……………………………………. 6 2 Section 2: Term ………………………………………………………………………. 6 Section 3: Maintenance of Existing Conditions………………………………………..6 Section 4: Modification and Waiver……………………………………………………7 Section 5: Severability………………………………………………………………….7 ARTICLE THREE: SALARIES Section 1: Lieutenants …….………………………………………………………....... 8 Section 2: Captains .…………………………….………………………………………8 Section 3: Merit Steps …………………………………………………………………..8 Section 4: Salary Adjustment Increase ………………………………..………………. 9 Section 5: Bilingual Pay ………………………………………………………………. 9 Section 6: “P.O.S.T.” Certificate Incentive …………..……….………………..…….. 10 Section 7: Shooting Pay ………………………………………………………………. 10 ARTICLE FOUR: LONGEVITY Section 1: Employees Hired Before July 1, 1995 ……………………………………. 12 Section 2: Employees Hired On or After July 1, 1995 ………………………………. 12 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization …………………………………………………… 13 Section 2: FLSA Overtime …………………………………………………………… 13 Section 3: Compensatory Time ……………………………………………………….. 13 Section 4: Leave Time Inclusion …………………………………………………….. 13 Section 5: Training and Recertification ……………………………………………… 14 Section 6: Court Attendance and “Stand By” Time …………………………………. 14 Section 7: Call Backs ………………………………………………………………… 15 Section 8: Jury Duty …………………………………………………………………. 15 Section 9: Non-Compensable ………………………………………………………… 16 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniform Allowance ……………………………………………………….. 17 Section 2: Summer Uniforms …………………………………………………………. 17 3 Section 3: Safety Equipment ………………………………………………………….. 17 ARTICLE SEVEN: BENEFITS Section 1: Public Employees Retirement System …………………………………….. 18 Section 2: Supplemental PERS Benefits ……………………………………………... 18 Section 3: Medical, Dental, Vision and Life Insurance ………………………………. 18 Section 4: Retirees Medical …………………………………………………………... 20 Section 5: Vacation Time …………………………………………………………….. 21 Section 6: “In Lieu” Holiday Time …………………………………………………… 21 Section 7: Sick Leave …………………………………………………………………. 22 Section 8: Bereavement Leave ……………………………………………………….. 22 Section 9: Administrative Leave…………………………………………………….. 23 Section 910: Deferred Comp ……………………………………………………………..23 Section 1110: Other City Employee Programs …………………………………………… 23 ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES Section 1: Provisions …………………………………………………………………. 24 Section 2: Work Schedule 3/12 Plan …………………………………………………. 24 Section 3: Shift and 7 Code Policy …………………………………………………… 24 Section 4: Shift Trades ……………………………………………………………….. 24 ARTICLE NINE: GRIEVANCE PROCEDURE Grievance Procedure Steps ……………………………………………………………….. 26 ARTICLE TEN: DISCIPLINE PROCEDURE Discipline Procedure Steps ………..……………………………………………………… 29 ARTICLE ELEVEN: MANAGEMENT RIGHTS Section 1: Exclusive Rights & Authority…………………………………………….. 31 Section 2: Grievance on Impacts……………………………………………………….32 SIGNATURE PAGE 4 Signatures …………………………………………………………………………………. 33 5 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE MANAGEMENT ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and Resolution No. 4027, the Resolution for the administration of Employer-employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Police Management Association (hereinafter “VPMA”) and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as Police Lieutenants and Police Captains. This MOU constitutes a joint agreement by the Municipal Employee Relations Representative (“MERR”) and the VPMA, to be submitted to the City Council of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper. The MERR and the Representative of the VPMA have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this MOU. If approved, the terms agreed upon by this MOU shall take effect on July 1, 20196, and shall expire at midnight on June 30, 20192022. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPMA and the City of Vernon agree as follows: 6 ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City of Vernon recognizes the Vernon Police Management Association (“VPMA”) as the certified majority representative of management, comprised of Police Lieutenants and Police Captains, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the VPMA shall discriminate against any individual, applicant or employee with respect to his compensation, terms, condition, or privileges of employment or because of an individual’s race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non-membership in the VPMA. Section 3: Mutual Cooperation The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work together to maximize the effectiveness of the Police Department and the City and to accomplish legislative and funding goals in their mutual interest. Section 4: No Strikes or Lockouts During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the VPMA, and no lockouts shall be made by the City. Section 5: City/VPMA Meetings Representatives from the VPMA and the City shall meet as needed to discuss issues of mutual concern. Section 6: Association Business The City shall grant release time of 20 100 hours per fiscal year for the Association President or designee. In no case will Association Leave Time be used for political action purposes or if it will cause overtime unless it is authorized in writing by the Police Chief or his designee. 7 ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. Section 2: Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 20196, and shall remain in full force and effect up to and including midnight, the 30th day of June 20192022, or until the next Memorandum of Understanding becomes effective. (b) This Memorandum of Understanding shall be binding on the City and the Association when approved and adopted by the City Council. Except as otherwise provided in Article III, Section 1, herein, the City and the Association agree to submit proposals for any changes related to wages, benefits and/or other terms of and conditions of employment affecting this Memorandum of Understanding between February 1, 2019 2022 and March 1, 20192022. Section 3: Maintenance of Existing Conditions Any employment policy, practices and/or benefits, including the alternative workweek schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and an existing policy and/or practice, this Memorandum of Understanding shall govern. 8 Section 4: Modification and Waiver The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the Police Officers Bill of Rights. Section 5: Severability In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. 9 ARTICLE THREE SALARIES (a) Effective the first full pay period in July 2019, employees represented in the Vernon Police Management Association shall receive a one percent (1%) cost of living increase. (b) Effective the first full pay period in July 2020, employees represented in the Vernon Police Management Association shall receive a one percent (1%) cost of living increase. (c) Effective the first full pay period in July 2021, employees represented in the Vernon Police Management Association shall receive a one percent (1%) cost of living increase. Section 1: Lieutenant Police Lieutenant with 1% COLA Salary Range PM 37 Step Effective 7/7/2019 Effective 7/5/2020 Effective 7/4/2021 1 $ 11,435 $ 11,549 $ 11,665 2 $ 12,007 $ 12,127 $ 12,248 3 $ 12,607 $ 12,733 $ 12,860 4 $ 13,237 $ 13,370 $ 13,503 5 $ 13,899 $ 14,038 $ 14,178 Section 2: Captain Step Effective 7/10/16 Effective 7/9/17 Effective 7/8/18 1 10,882.38$ 11,100.03$ 11,322.03$ 2 11,427.06$ 11,655.60$ 11,888.71$ 3 11,997.24$ 12,237.18$ 12,481.93$ 4 12,598.02$ 12,849.98$ 13,106.98$ 5 13,227.36$ 13,491.91$ 13,761.75$ Lieutenant with 2% COLAS Salary Range PM37 10 Police Captain with 1% COLA Salary Range PM 40 Step Effective 7/7/2019 Effective 7/5/2020 Effective 7/4/2021 1 $ 13,237 $ 13,370 $ 13,503 2 $ 13,899 $ 14,038 $ 14,178 3 $ 14,594 $ 14,740 $ 14,887 4 $ 15,324 $ 15,477 $ 15,632 5 $ 16,090 $ 16,251 $ 16,413 Section 3: Merit Steps Eligible employees shall make an irrevocable selection of one of the following two merit increase options in writing, and immediately upon the Agreement going into effect: Effective the first full pay period in July 2016, employees who are not at the top step of their Classification Compensation Plan, and have attained one year of an overall “satisfactory” or higher performance evaluation rating, as of their immediately preceding classification anniversary date, shall, in accordance with the City’s Performance Evaluation Policy, receive one merit salary advance. During the term of this Agreement only, the City agrees to provide merit salary advances to employees who achieve an overall “above average” or higher performance evaluation rating. Employees shall continue to receive their annual evaluations as scheduled in the City’s Performance Evaluation Policy and employees may receive more than one merit salary advance during the term of this Agreement, but in no case shall be placed above the salary range in effect for the employee’s classification. The merit increases earned during the FY 16-17 fiscal year shall go into effect the first full pay period in July 2017. The merit increases earned during the FY 17- 18 fiscal year shall go into effect the first full pay period in July 2018. OR 1. Effective the first full pay period in July 2016of each year during the term of this agreement, employees who are not at the top step of their Classification Compensation Plan, and have attained one year of an overall “above average” or higher performance Step Effective 7/10/16 Effective 7/9/17 Effective 7/8/18 1 12,598.02$ 12,849.98$ 13,106.98$ 2 13,227.36$ 13,491.91$ 13,761.75$ 3 13,888.32$ 14,166.09$ 14,449.41$ 4 14,582.94$ 14,874.60$ 15,172.09$ 5 15,313.26$ 15,619.53$ 15,931.92$ Captain with 2% COLAS Salary Range PM40 11 evaluation rating, as of their immediately preceding classification anniversary date, shall, in accordance with the City’s Performance Evaluation Policy, receive two a merit step salary advances. Effective the first full pay period in July 2017, the City agrees to provide one merit salary advance to employees who achieve an overall “above average” or higher performance evaluation rating. Employees shall continue to receive their annual evaluations as scheduled in the City’s Performance Evaluation Policy., but will not be eligible for any additional merit increases after the opportunity in July 2017, through the end of the term of the MOU, and in no case shall be placed above the salary range in effect for the employee’s classification. Additionally, effective the first full pay period in July 2018, employees who selected this option shall indefinitely and irrevocably forfeit any and all forms of longevity pay/incentive. Future merit increases to any said step shall remain at the sole discretion of the City Council. Section 4: Salary Adjustment Increase A. Effective the first full pay period in July 2016, the base salary schedule will be increased by 2% (excluding Y-rated employees). B. Effective the first full pay period in July 2017, the base salary schedule will be increased by an additional 2% (excluding Y-rated employees). C. Effective the first full pay period in July 2018, the base salary schedule will be increased by an additional 2% (excluding Y-rated employees). In the event there is a salary inequity between ranks or between employees within the Department, the Chief of Police with the approval of the City Administrator may incorporate a service adjustment increase up to ten percent (10%) per month of their base salary. Section 5: Bilingual Pay A VPMA employee may be compensated for bilingual skills after the employee demonstrates proficiency in speaking a foreign language (the ability to read and write in a foreign language may also be tested, if necessary), which proficiency would be determined by successful completion of a foreign language proficiency test designated by the Human Resources Department. Those employees who successfully demonstrate this skill are eligible to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for bilingual pay and shall not be considered to be part of the employee’s base monthly salary when computing Peace Officers Standards and Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary. Section 6: Peace Officers Standards and Training (“P.O.S.T.”) Certificate Incentive VPMA employees shall be entitled to P.O.S.T. certificate pay as follows: 12 Effective the first full pay period in July of 2019 the POST Certificate pay shall be as follows: Intermediate: 4% of the employee’s basic monthly salary, excluding all other compensation Advanced: 8% of the employee’s basic monthly salary, excluding all other compensation Effective the first full pay period in July of 2020 the POST Certificate pay shall be as follows: Intermediate: 5% of the employee’s basic monthly salary, excluding all other compensation Advanced: 10% of the employee’s basic monthly salary, excluding all other compensation Effective the first full pay period in July of 2021 the POST Certificate pay shall be as follows: Intermediate: 6% of the employee’s basic monthly salary, excluding all other compensation Advanced: 12% of the employee’s basic monthly salary, excluding all other compensation  Three percent (3%) of the employee’s basic monthly salary, excluding all other compensation, for a P.O.S.T. intermediate certificate; or  Six percent (6%) of the employee’s basic monthly salary, excluding all other compensation, for a P.O.S.T. advanced certificate; or Payment of the above-referenced incentive compensation shall not be cumulative; only the highest applicable incentive pay level shall apply.  Effective June 1, 2014 VPMA employees shall be entitled to a 7.5% of the employee’s base monthly salary, excluding all other compensation, for a P.O.S.T. Management Certificate. Incentive pay shall be payable the month following the month during which the certificate is granted. P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary. Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) receive across-the board enhancements to the existing P.O.S.T. Certificate Pay, a like increase will be provided to employees represented by the Police Officers Management Association. Section 7: Shooting Pay It is recognized by the City of Vernon and the VPMA that a peace officer must qualify in the firing range on a monthly basis in order to continue to be employed and to receive Shooting Pay. Such qualifications shall occur on duty. Employees who shoot at the range other than the required qualifications dates will be considered to be on personal time. Such time is not counted as working 13 time and is not compensable. Officers who achieve the following qualifications shall receive compensation as follows: Marksman $ 3.00 Per Month Sharpshooter $ 5.00 Per Month Expert $ 7.50 Per Month Distinguished Expert $ 10.00 Per Month Shooting Pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary. ARTICLE FOUR LONGEVITY Section 1: Employees Hired Before July 1, 1995 Effective August 31, 1986, the City established a four-step Longevity program for all employees. Said Longevity program is as follows:  All eligible employees who have five years of service on or before August 31, 1986, shall receive an additional five percent (5%) per month of their base salary effective August 31, 1986, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date.  All eligible employees who have ten (10) years of service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five percent (5%) referenced in paragraph 1 above and not cumulative therewith. 14  All eligible employees who have fifteen (15) years of service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith.  All eligible employees who have twenty (20) years of service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced in paragraphs 1, 2 and 3 above and not cumulative therewith. Section 2: Employees Hired on or after July 1, 1995 and on or before December 31, 2013 All employees in the VPMA who are hired on or after July 1, 1995, who attain five (5) years of consecutive uninterrupted employment shall receive an additional five percent (5%) per month of their base salary. Such employees shall be entitled to receive such five percent (5%) increase upon reaching their 5th anniversary date. Such employees will not be entitled to receive any additional Longevity percentage increase to their base salary for further service. ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of the Chief of Police prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Section 2: F.L.S.A. Overtime Employees in the classification of Police Captain are exempt from overtime in accordance with the Fair Labor Standards Act (FLSA) executive exemption. Police Lieutenants required to perform in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time and one-half “compensatory time” for each hour worked. The regular rate of pay shall include the following components in addition to base salary:  P.O.S.T. Certificate Pay  Special Assignment Pay 15 Section 3: Compensatory Time Police Lieutenants may not earn more than forty (40) hours of compensatory time during any FLSA 28-day cycle. At such time as an employee earns forty (40) hours of compensatory time within a given 28-day work cycle, any additional overtime in that cycle shall be paid to the employee at time and one-half of his/her regular rate of pay. VPMA employees may not accumulate more than 240 hours of compensatory time. An employee must be paid at the rate of time-and one-half for any overtime worked beyond the 240-hour compensatory time “cap.” Section 4: Leave Inclusions In determining an employee’s eligibility for overtime compensation in a work period, paid leaves of absence will be included in the total number of hours worked. Paid leaves of absence include, but are not limited to, the following: 1. Vacation 2. Holiday Leave 3. Administrative Leave 4. Compensatory Leave 5. Workers’ Compensation Leave (4850 time) 6. Jury Duty 7. Bereavement Leave 8. Military Leave Section 5: Training and Recertification Time Training time that is required is compensable Recertification time that is directly related to an employee’s job will be compensable if completed during assigned work hours. Section 6: Court Attendance and “Stand By” Time Court Appearances VPMA employees shall be compensated for court appearances in the line of duty outside regular scheduled duty hours as follows: 16 A. Court appearances which extend beyond an employee’s normal shift assignment shall be compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to this section of this MOU, only the actual time spent in court or traveling in a City vehicle to and from the Station shall be credited as hours worked. Travel time to and from one’s private residence shall not be considered hours worked and shall not be compensated in any manner whatsoever. B. Notwithstanding the provisions of “A” above, VPMA employees required to attend court sessions outside their regular schedule duty work shift shall be compensated a minimum guarantee of four (4) hours at time and one-half (1.5). C. If an employee is required to stay beyond four hours in court, the employee shall be compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in their court duty assignment that day. Stand By Time If an employee receives a subpoena to be placed on standby, the effected employee shall be compensated for Stand By status as follows: A. An employee who is placed on Stand By status for a half court day, which shall consist of either a morning session or afternoon session of court, shall be paid Sixty Dollars ($60.00). B. An employee who is placed on Stand By status for a full court day, which shall consist of the morning session and the afternoon session of court, on the same day, shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required to appear in court, he/she shall receive court appearance compensation rather than Stand By compensation for his/her time in court. C. The parties agree that Stand By pay shall not count toward hours worked and that the provision complies with the F.L.S.A. D. Alternatively, an employee (at the employee’s option and with the permission of the Chief of Police or his designee) on court Stand By may report to the police station, in uniform, for assignment while awaiting court. Under these circumstances, an employee shall be compensated on an hour-for-hour basis (if on overtime, at time and a half) for time actually worked while on Stand By. E. No additional payment other than that set forth in Section 6 of the MOU shall be made for Court Pay. Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding Court-Time Pay and Stand-by Pay, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes. 17 Section 7: Call Backs Call Back duty occurs when an employee is ordered to report to duty on a non-regularly scheduled work shift. Call Back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. This provision is also to be distinguished from Court pay, which is to be used when an employee is called to court. An employee called back to duty shall be credited with a minimum of four hours’ work. Any hours worked in excess of four hours shall be credited on an hour-for-hour basis (at time and one- half compensation) for actual time worked. If the employee is ordered to return to work immediately, his work time shall be credited commencing immediately after the employee has been directly contacted by the employer. Section 8: Jury Duty I. Policy A. Employees shall be granted up to two weeks (equivalent to eight (8) work days based on City Hall schedule Monday through Thursday) paid leave of absence in order to perform jury duty, provided that the employee provides notification to the City for such jury duty and provides proper verification of hours spent on jury duty. VPMA employees will be required to return to work, if regularly scheduled to work, as soon as they are released from their jury duty. B. In accordance with Section 215(b) of the Code of Civil Procedure, a juror who is employed by a local government entity who receives regular compensation and benefits while performing jury service, may not be paid Jury Duty Pay. An employee must return all Jury Duty Pay to the Court if paid by the Court. Employees shall notify their Supervisor on the day they are released from jury duty. C. VPMA employees shall retain any Jury Duty Mileage Pay. Section 9: Non-Compensable A. City Vehicle Use–VPMA employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. This provision also applies in those situations where the radio must be left on and monitored unless answering a call for service. B. Clothes/Uniform Changing Time–Time spent in changing clothes before or after shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever. 18 ARTICLE SIX UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniform Allowance The City will pay each VPMA employee who is on the active payroll of the Vernon Police Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment. Such payment shall occur within the month of August of each year. Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CalPERS as compensation earnable. Section 2: Summer Uniforms VPMA employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall establish authorization or notification procedures, as well as summer uniform requirements. Section 3: Safety Equipment The City shall, every three (3) years, pay one half of the cost of the member’s individual body armor if the member presents to the City a receipt for body armor that meets Departmental specifications. If the City provides individual body armor to an employee, and the employee accepts such body armor, then the three (3) year time period shall begin upon acceptance of the body armor by the employee. VPMA employees who carry a private weapon which has been expressly approved by the Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall be compensated by the City of Vernon up to the amount of replacement cost of the official issue weapon of the Vernon Police Department unless such loss or damage was caused by the employee’s negligence. 19 ARTICLE SEVEN BENEFITS Section 1: Public Employee Retirement System (“PERS”) The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides VPMA employees with three percent (3%) at 50 PERS retirement benefit plan. As a result of the passage of AB 340 Public Employee Pension Reform (PEPRA), new CalPERS members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan. VPMA employees shall be responsible for paying their PERS nine percent (9%) employee’s contributions. Effective the first full pay period in July 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%). Effective the first full pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%). Effective the first full pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of twelve percent (12%). The City makes no representation as to whether any of the compensation or payments in this Agreement are subject to CalPERS service credit or pensionable income. Employees/Union expressly acknowledge that any determination by CalPERS to not fully credit the compensation and/or service time provided under this Agreement is not a proper basis on which to void the Agreement. Employees/Union further acknowledge that they will not pursue any claim or action against the City related to any determination made by CalPERS in connection with this Agreement. Section 2: Supplemental PERS Retirement Benefits 20 The City agrees to provide additional supplemental retirement benefits to VPMA employees under PERS as follows:  Gov’t Code Section: 20042 – One Year Final Compensation: New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Final Compensation.  Gov’t Code Section: 21024 - Military Service Credit as Public Service:  Gov’t Code Section: 21571 – Basic Level of 1959 Survivor Benefits:  Gov’t Code Section: 21624 & 21626 & 21628 - Post Retirement Survivor Allowance: Section 3: Medical, Dental, Vision and Life Insurance The City shall contribute for each full-time employee up to the maximum amounts as set forth below per pay period, toward the cost of his/her medical, dental, and vision plans as outlined in Subsection A through D below. If employees opt out of dental and/or vision, they may use the allotments for those respective coverages toward excess medical premiums as approved by the Director of Human Resources. A. For employees who elect Employee + Family coverage, the City shall provide a cafeteria plan contribution equal to the total premium costs of the Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and lowest cost family vision plan. Employees enrolled in the Employee + Family health benefits category that elect a health plan higher than the Low HMO medical, dental and/or vision, will be responsible for any applicable premium costs through a pre-tax payroll deduction. The City understands that this amount will vary based on the premium costs that go into effect on January 1st of each calendar year of the term of this Agreement. B. For employees who elect Employee-Only, Employee + Spouse and Employee + Children tiers, the City shall provide the same flat dollar cafeteria contribution for medical, dental and vision benefits that the City is paying as of June 2016 for these employee health group tiers. That amount is $1,100 per month. Employees who elect one of these tiers must pay for their dental and vision benefits from this cafeteria contribution. This amount will remain fixed unless the total premium cost of the lowest cost medical HMO, lowest cost Dental DMO, and lowest cost vision plan exceed the current flat rate dollar cafeteria contribution for medical, dental, and vision benefits for any of the tiers, then the contribution for that tier will be raised to equal the total premium costs of the Low Cost Medical HMO, lowest cost Dental DMO, and lowest cost vision plan for that tier. Employees that elect a health plan higher than the applicable City contribution will be responsible for any applicable premium 21 costs through a pre-tax payroll deduction. C. For employees enrolled in the HSA PPO plan, the City shall pay up to the city contribution for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. In addition, for each employee enrolled in an HSA PPO plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows $1,500 in January, and $500 each in March, June, and September. The cost of any HSA PPO plan selected by employees that exceeds the City contribution amount shall be paid the employee through a pre-tax payroll deduction. D. During the term of the Agreement, Employees will be allowed to change health, dental, and/or vision plans during any open enrollment period or upon a qualifying event as prescribed by the City’s insurance provider. Dental: The City of Vernon provides a dental insurance plan to employees. Employees may purchase dental insurance through the City by pre-tax payroll deduction. In the event any VPMA employee does not exceed his/her monthly benefit allowance, the employee shall be allowed to use any excess monthly allowances towards additional provided coverage for dental and vision. Vision: The City of Vernon provides a vision care reimbursement plan to employees. The City shall pay 100% of the cost of such a plan as designated by their election of medical coverage. Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. The City agrees that all itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150. Life Insurance: The City provides a $20,000 life insurance premium plan to employees. The City shall pay 100% of the cost of such plan for employees. The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee; however, the City shall be obligated to pay the cost or provide said medical, dental, vision, and life insurance benefits as described so long as this MOU remains in effect. Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding medical, dental, vision or life insurance benefits, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes. Section 4: Retiree’s Medical Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or 57 Formula) to be eligible for Retiree Medical/Dental Benefits. For employees hired by the City before July 1, 2019 the following retiree medical benefits apply: 22 Employees in the Vernon Police Management Association must have been employed as sworn Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has been in the employment of the City of Vernon to be eligible for Retiree’s Medical benefit. The City shall pay up to $1,100 per month towards the employee’s option of the City’s medical and dental insurance programs for the employee and his/her eligible spouse, or the equivalent to the then-current lowest cost City-offered Employee+Spouse medical HMO and/or dental HMO insurance premium, whichever is greater. Alternatively, eligible retired employees and spouse may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement for premiums actually paid up to $1,100 per month as permitted by the Public Employee Pension Reform Act (PEPRA) or the amount equivalent to the then-current lowest cost City-offered Employee+Spouse medical-HMO and/or dental HMO insurance premium, whichever is greater. Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll. The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare Part A and Part B coverage, whereupon the City’s insurance shall become supplemental coverage. The City shall pay up to 100% of the cost to provide any Medicare supplemental medical and dental insurance plan offered by the City of Vernon, not to exceed $1,100 per month. The City will not be the primary insurance carrier once the retiree and/or employee reaches the age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall have no cash surrender value. All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the City’s premium cost for medical and dental insurance up to the age of sixty- five (65) after which time Medicare will become the primary insurance carrier. The retired employee may remain on the City’s supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and maintains Medicare coverage. Should the retired employee fail to pay his/her required cost of the insurance premium for the City’s medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to maintain the retiree’s medical/dental benefit plan shall automatically terminate without the need for further notice. For employees hired by the City on or after July 1, 2019, the following retiree medical benefits apply: The City shall pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for 23 all full-time regular employees in the classifications represented by the Vernon Police Management Association who have been employed as sworn Peace Officers for a minimum of twenty (20) years and a minimum of ten (10) years of that service has been in the employment of the City of Vernon. The City contribution shall be applied only toward a city provided medical and dental premium plan payment and shall have no cash surrender value. The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree shall apply for Medicare Part A and Part B coverage, whereupon the City’s insurance shall become supplemental coverage. The City shall pay up to the cost of any Medicare supplemental medical and dental insurance plan offered by the City of Vernon. The City will not be the primary insurance carrier once the retiree reaches the age of sixty-five (65). If the retiree fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained. All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the City’s premium cost for medical and dental insurance for employee only, up to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier. The retired employee may remain on the City’s supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and maintains Medicare coverage. Should the retired employee fail to pay his/her required cost of the insurance premium for the City’s medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to maintain the retiree’s medical/dental benefit plan shall automatically terminate without the need for further notice. Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment up to the amount provided above depending on the employee’s date of hire as permitted by the Public Employee Pension 24 Reform Act (PEPRA). Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll. Section 5: Vacations A. Accrual  Vacation accrual after the first year of service: 120 hours per year  Vacation accrual after ten (10) years of service: 160 hours per year  Vacation accrual after completion of twenty-five (25) years of service: 170 hours per year B. Policy VPMA employees may take all or part of their vacation in increments of one-fourth (1/4) hour or more, as determined by the Chief at his discretion with due regard for the wishes of the employee and the needs of the Department. Any request will be honored only if, in the opinion of the Chief or his designee, the manpower or service level on the day or days and at the times requested is adequate to permit granting such a request. Vacation time provided for herein shall be accumulated from calendar year to calendar year, and shall be compensated for if not utilized during said period. Section 6: “In Lieu” Holidays VPMA employees shall receive one hundred and ten (110) “in lieu” holiday hours per calendar year). “In lieu” holidays will be credited to each employee on each July 1 in which he/she is on the active payroll, including those on “Light Duty”, of the Department in a classification represented by the VPMA and must be taken prior to the immediately following July 1. “In lieu” holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired by the employee subject to the needs of the Vernon Police Department. “In lieu” holidays, if not taken, shall not be paid for except if the employee was denied an opportunity to take them off during the calendar year for which such “in lieu” holidays were granted. In that case only, the employee shall be paid for said “in lieu” holidays not taken with his/her first possible payroll check on or after July 1 of the calendar year following the year for which the “in lieu” holidays were credited, at his/her then basic rate, excluding all other compensation, computed in accordance with the applicable Salary Resolution of Vernon. An employee who quits or is terminated shall not be entitled to any compensation for “in lieu” holidays not taken. If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous employees in addition to those holidays provided for in Resolution No. 8764, VPMA employees shall receive the same number of any additional holidays. Any additional “in lieu” holiday time received by VPMA employees will be for a maximum of ten (10) hours per day 25 received. Section 7: Sick Leave Full-time VPMA employees only receive sick leave accrual while they are in a paid status. Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum cap of 960 hours. Upon reaching the cap, full-time employees will continue to accrue sick leave provided; however, in the final pay period in December February of each year all accrued sick leave in excess of 960 hours shall be cashed in at fifty percent (50%) of the employee’s regular rate of pay. Part-time and temporary VPMA employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employee shall only receive sick leave accrual while they are in a paid status. If a VPMA employee separates or terminates employment with the City, they shall be compensated for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that separate from service with more than 20 years of service credit shall be compensated at 100% of their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at 50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant to California Government Code Section 20965. VPMA employees are expected to contact their supervisor or Department head as soon as possible to report a sick leave time off notification and provide appropriate information on the nature of the illness or injury and the expected duration of the time off. Employees unable to report for duty due to an illness should be required to call in and notify the on-duty supervisor a minimum of 2 hours before they are due to start their shift. A VPMA employee who is absent on sick leave for more than two (2) consecutive shifts shall be required by his or her supervisor to provide a doctor’s note in order to be paid for the sick leave. Section 8: Bereavement Leave When an employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of a member of the employee’s immediate family (father, mother, brother, sister, spouse, children, mother-in-law, father-in-law, step-parent-in-law, grandmother, grandfather, grandchildren, grandmother-in-law, grandfather-in-law, step-children, step-parents, step-sister, step-brother, step-grandchild, daughter-in-law, son-in-law, brother-in-law, sister-in- law, or registered domestic partners), such person will be permitted, subject to the Chief of Police’s approval, to a leave of absence with pay for up to twenty-five (25) hours over two shiftsfour (4) work days based upon the employee’s regular 4/10 work schedule, which may, but need not be, consecutive. An employee shall not be granted paid Bereavement Leave for more than 2 4 days in any six-month period for the same family member. Employees will be allowed to utilize their vacation time, any compensatory time, or any “in lieu” holiday time that is due to the employee, in order to lengthen such bereavement time. 26 The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of Police, if requested. Section 9: Administrative Leave Employee(s) occupying the classification of Police Captain, which is designated as “Exempt” for overtime purposes in accordance with the Fair Labor Standards Act (FLSA) executive exemption, shall receive sixty (60) hours of Administrative Leave as provided in the Citywide Fringe Benefits and Salary Resolution. Section 910: Deferred Compensation VPMA employees are eligible to participate in the City’s Deferred Compensation Program. Section 110: Other City Employee Programs VPMA employees are eligible to participate in all City sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the following:  Buyback of military leave for PERS retirement time  Computer loan purchase plan  Supplemental Life insurance  Corrective eye surgery plan  Hearing aid device plan  Tuition reimbursement plan  Family Medical Leave Act (FMLA) 27 ARTICLE EIGHT WORK SCHEDULE AND ABSENCES Section 1: Provisions The Vernon Chief of Police at his sole discretion shall establish the work schedule. Section 2: Work Schedule 3/12 Plan Law Enforcement agencies are allowed to establish a work period of any length between seven (7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, VPMA employees assigned to patrol will work three (3), twelve and one half hour (12½) days per week with a ten (10) hours payback per month, without incurring any overtime. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employee a minimum of 10 days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or his designee. The City agrees to continue the 3/12 Plan for VPMA employees assigned to patrol, with the exception of specific assignments. The VPMA agrees that the City may, at its sole discretion and at any time, terminate the 3/12 Plan. The VPMA agrees that the termination of the 3/12 Plan is not subject to the grievance procedure or any other administrative review and that the 3/12 Plan is not and shall not become a vested right in any manner, and that a decision to terminate such 3/12 Plan is subject to the meet and confer process. Section 3: Shift and Code Seven Policy: Patrol personnel shall work a twelve- and-one-half (12½) hour shift. The first one-half hour shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is compensable. Section 4: Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. A shift trade must be pre-approved by a supervisor. The trade must be due to the employee’s desire or need to attend to a personal matter and not due to the department’s operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. If one individual fails to appear for the other (regardless of the reason), the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to discipline. 28 Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. “Paybacks” of shift trade are the obligation of the two employees involved in the trade. “Paybacks” are to be completed within one (1) calendar year of the date of the initial shift trade. Any dispute as to the “paybacks” is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and “paybacks’ shall be maintained by the involved employees on forms provided by the Department. 29 ARTICLE NINE GRIEVANCE PROCEDURE Vernon has adopted a grievance procedure applicable to all Police Lieutenants and Police Captains containing the following principles: A grievance will be defined as a dispute between the City and an employee or employees adversely affected thereby over interpretation or application of any provision of this Memorandum of Understanding or policy. “Days” as used herein shall be those days that the City Hall of the City of Vernon is open part or all of the day. “Immediate Supervisor” is the lowest level management or supervisory person having immediate jurisdiction over the grievant. GRIEVANCE PRESENTATION AND PROCEDURES Employees shall have the right to present their own grievance or do so through their Association representative. Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the City to respond to the grievance will not begin to run until all the attachments are received. Failure by management to reply to the employee’s grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision, and the grievance shall not be subject to further appeal or reconsideration. All time periods specified in this procedure may be extended by mutual written (including email) consent of the aggrieved employee(s), Association representative and the designated management representative. INFORMAL PROCEDURE Within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the complaint with his/her 30 immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step. An employee, at his or her sole discretion, may opt to skip the Informal Procedure resolution process and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure, he/she or their union representative shall inform the Human Resources Director, within one day of initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with his/her supervisor. Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to the employee’s complaint. If the employee is dissatisfied or if the supervisor fails to respond, the employee shall have access to the formal grievance process described below. Step 1 The aggrieved employee shall present in writing his grievances to his immediate supervisor within ten (10) working days of the occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most direct manner. The immediate supervisor shall reach a decision and communicate it in writing to the aggrieved employee and the Municipal Employee Relations Representative (MERR) within eight (8) working days from the date the grievance was presented to him. Step 2 If the grievance is not settled at the first step to the satisfaction of all parties, either the MERR or the aggrieved employee within ten (10) working days of the answer in the first step, shall reduce the grievance to writing, sign it and present it to the Department Head or his designee. The Department Head or his designee shall obtain the facts concerning the alleged grievance and shall within eight (8) working days of receipt of the written grievance conduct a meeting between himself, his representative if needed, the aggrieved employee, and the employee’s representative. The Department Head or his designee shall notify the aggrieved employee and the MERR of his decision not later than eight (8) working days following the meeting date. Step 3 If the grievance is not settled at Step 2, it may, upon the request of either the employee or the MERR, be submitted to the mediation of the California State Conciliation Service. The mediator designated by the Service shall attempt to adjust the grievance. Proposals, concessions and admissions made during the course of such mediation shall be confidential and not be used in any subsequent proceedings. If the grievance is not settled to the satisfaction of all parties within twenty (20) days after the designation of the mediator by the Services, then the grievance shall be deemed not to have been settled at Step 3. Step 4 If the grievance is not settled to the satisfaction of all parties at Step 3, then the grievance shall be submitted to the City Council of the City of Vernon for determination. The Council shall conduct such hearing and receive such evidence as it deems appropriate. The City Council will make the 31 final decision at its sole discretion; however, the mediator from Step 3 above will be allowed to participate with the Council during an executive deliberative session wherein management representatives and employee representatives shall be excluded from said deliberative session. The Council’s decision will be the final step in the Grievance Procedure and will be provided in a written format that will be given to the grievant after the decision is made. Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding Grievance Procedures between July 1, 2016 and June 30, 2019, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes. 32 ARTICLE TEN DISCIPLINE PROCEDURE A. DISCIPLINARY ACTIONS The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee’s personnel file. Progressive discipline will be used; however, this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. The procedures herein shall be followed when, in the judgment of the Chief of Police, an employee has committed an act or omission that justifies discipline. The Chief of Police or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee’s performance evaluation as “does not meet standards” may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee’s personnel file. Upon the City receiving authorization from the employee, the City will provide the Association with all written notices of discipline given to employees represented by Association. The written notice of discipline will also inform the employee that he/she has the right to consult with the Association with regard to the disciplinary action being taken. Nothing in this article shall preclude the Chief of Police or his/her designee from ordering a public safety officer to cooperate with other agencies involved in criminal investigations, except where 33 the public safety officer may be the focus of the investigation. If an officer fails to comply with such an order, the officer may be officially charged with insubordination. B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS Any sworn employee having received a verbal or written reprimand shall be entitled to the following appeal procedure; this will be the sole and exclusive procedure afforded to employees for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (Pre- Disciplinary Procedures), and Subsection (E) (Disciplinary Appeal Procedures), herein shall not apply to disciplinary action consisting of a verbal or written reprimand. This appeal process shall not be applicable to performance evaluations. Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Within ten (10) days of the employee’s receipt of the verbal or written reprimand, the employee may request in writing a meeting with the supervisor who issued the reprimand. Failure to request a meeting within ten (10) days will constitute a waiver of the employee’s right to respond. The employee’s appeal may be made verbally or in writing. After the meeting or receipt of the employee’s written appeal, the supervisor will have ten (10) days to respond to the employee in writing. If the matter is not resolved to the affected employee’s satisfaction, the employee may seek review of the supervisor’s decision by submitting a written request to the Chief of Police or his/her designee within ten (10) days of receipt of the supervisor’s decision. The determination of the Chief of Police or his/her designee is final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. C. PRE-DISCIPLINARY PROCEDURES Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed: Written Notice of Proposed Action 34 Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered. Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Employee Response/Pre-Disciplinary Conference The notice of proposed action shall state the date by which the employee must exercise the right to respond orally, in writing or both orally and in writing. This represents the pre-disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be fewer than ten (10) days. This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee’s version of the facts or new information raises doubts as to the accuracy of the City’s information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee’s response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee’s formal appeal rights shall be stated. Emergencies 35 When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself, the employee may be suspended for up to five (5) days pending the processing of the notices required in Section C of this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. D. DISCIPLINARY APPEAL PROCEDURES Major Discipline Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of three (3) days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands. An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Department. The Human Resources Department shall date stamp the employee’s appeal to verify the timeliness of the appeal. If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows: 1. The employee shall submit a written request to the Human Resources Department for advisory arbitration to the City Administrator or designee. The City and Association will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness(es) and staff time. 2. The City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon 36 source within ten (10) days of the employee’s request. If the parties are unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains. 3. The selected arbitrator shall serve as the hearing officer. 4. All arbitration proceedings arising under this procedure shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. 5. All time limits specified in the procedure may be waived by mutual written agreement. 6. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and the employee. Within eight (8) days of receiving the arbitrator’s findings, the City Administrator shall provide his/her decision, in writing, to the employee. The City Administrator’s decisions shall set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions. The City Administrator’s decision is final, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. Minor Discipline Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. This appeal process shall not apply to probationary employees. If the issue cannot be resolved between the employee and the supervisor, the employee may, within ten (10) days from receiving notice of the proposed discipline, request and be granted an interview with the Chief of Police or his/her designee in order to discuss the appeal. The Chief of Police or designee shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Chief of Police and employee are unable to arrive at a satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by the Chief of Police, submit a written appeal to the City Administrator or designee. The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or 37 designee shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. 38 Disciplinary Procedure The parties recognize that the Public Safety Officers Procedural Bill of Rights Act (the “Act”) (Government Code Section 3300, et. seq.) provides for the administrative appeal of certain types of disciplinary actions. The procedural details for implementing the provisions of such administrative appeal shall be as follows: Step 1 Any VPMA employee who wishes to proceed with an administrative appeal after a decision by the City Administrator regarding a disciplinary action must make a written request for an administrative appeal. The written request must identify each of the issues which said employee intends to address during the administrative appeal and must be personally delivered to the office of the City Administrator of the City of Vernon within ten (10) working days after receiving written notice of the City Council’s decision imposing the subject discipline. The parties agree that if such written request is not submitted to the City Administrator’s office in a timely manner, said employee shall have waived his or her right to proceed with the administrative appeal. Step 2 After receipt of the written request for the administrative appeal, the City Administrator shall, within forty (40) days, schedule the administrative appeal for a closed session at a scheduled City Council meeting. The VPMA employee shall have the right to have the matter proceed in open session, but must make the City Council aware of this choice before the appeal begins. The City Administrator shall provide the VPMA employee with at least ten (10) days’ notice of the scheduled City Council meeting when the administrative appeal will be heard. Step 3 The City Council shall conduct the administrative appeal, and shall consider and receive such evidence as it deems appropriate. Step 4 Said VPMA employee shall not have the right to subpoena witnesses or cross-examine any witnesses, but shall be permitted to submit written documents and oral testimony. Step 5 The City Council’s decision will be provided in a written format which will be given to the VPMA employee after the decision is made. The decision of the City Council shall be final and shall be binding on the parties. Should employees represented by the Vernon Police Officers Benefit Association (VPOBA) amend their MOU contract language regarding Discipline Procedures between, the City and the VPMA agree to amend the VPMA MOU to incorporate such changes. An amendment may be needed based on the VPOBA MOU. 39 ARTICLE ELEVEN MANAGEMENT RIGHTS Section 1. Exclusive Rights and Authority. In order to ensure that the City is able to carry out its functions and responsibilities imposed by law, the City has and will retain the exclusive right to manage and direct the performance of City services and the work force performing such services, subject to certain limitations contained elsewhere in this Memorandum of Understanding. Therefore, the following matters shall not be subject to the meet and confer process, but shall be within the exclusive authority of the City. The consideration of the merits, necessity, or organization of any service activity conducted by the City shall include, but not be limited to the City's right to: A. Determine issues of public policy. B. The exclusive right to determine the mission of its constituent departments, commissions, and boards. B. Set standards and levels of service and to expand or diminish services. C. Determine policies, procedures and standards for selection, training and promotion of employees. D. Direct its employees. E. Establish and enforce employee dress and grooming standards. F. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons. G. Maintain the efficiency of governmental operations. H. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted. I. Determine the content and intent of the job classifications and, to develop new job classifications. J. Determine methods of financing. K. Determine style and/or types of city-issued wearing apparel, equipment or technology to be used. L. Determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. M. Determine and change the number of locations, relocations and type of operations processes and materials to be used in carrying out all city functions, including, but not limited to, the right to contract for or subcontract any work or operations of the City. N. Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice. O. Establish and modify productivity and performance programs and standards. P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable state law. Q. Establish employee performance standards including, but not limited to, quality and 40 quantity standards, and to require compliance therewith. R. Take all necessary actions to carry out its mission in emergencies. S. Exercise complete control and discretion over its organization and the technology of performing its work. The Association recognizes that the City has and will continue to retain, whether exercised or not, the unilateral and exclusive right to operate, administer and manage its municipal services and work force performing those services in all respects, subject to this Memorandum of Understanding. Section 2. Grievance on Impacts. The exclusive decision-making authority of the City Council on matters involving City rights and authority shall not be in any way, directly or indirectly, subject to the grievance procedure set forth in this Memorandum of Understanding. The employee may only grieve the impact of the exercise of exclusive City rights and authority that directly relate to matters within the scope of representation. The City shall not be required to meet and confer in good faith on any subject preempted by federal or state law. The City shall meet and confer in good faith with the Association on all matters related to the salaries, fringe benefits and other terms and conditions of employment in accordance with the Meyers-Milias-Brown Act and/or Police Officers Bill of Rights. 41 SIGNATURE PAGE CITY OF VERNON VERNON POLICE MANAGEMENT ASSOCIATION Carlos R. Fandino Jr. Brandon Gray City Administrator/“MERR” President ______________________________ ______________________________ Michael Earl Roberto Sousa Director of Human Resources Treasurer ______________________________ ______________________________ Ana K. Rueda Nicholas Perez Human Resources Analyst Secretary APPROVED AS TO FORM: ______________________________ Zaynah Moussa Senior Deputy City Attorney APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER RESOLUTION NO. . Attest: Dated: Deborah Harrington Interim City Clerk City Council Agenda Item Report Agenda Item No. COV-348-2019 Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: August 6, 2019 SUBJECT A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers Benefit Association 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 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 attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers Benefit Association. Background: The existing memoranda of understanding (MOU's) between the City of Vernon and the City's six bargaining groups expired June 30, 2019. Pursuant to City Council direction and authority, negotiations with all six bargaining groups began in March 2019. Labor negotiations with the Vernon Police Officers Benefit Association, representing sworn Police Officers and Police Sergeants, have been ongoing since March 2019 for a successor MOU. On July 11, 2019, the membership ratified a tentative agreement on a successor MOU. Based on the direction and authority provided by the City Council, it is recommended that City Council approve a successor Memorandum of Understanding for the period of July 1, 2019 through June 30, 2022 that reflects the following key provisions: * The term of the agreement is for three (3) years from July 1, 2019 through June 30, 2022 * A one percent (1%) Cost of Living Adjustment to salaries (COLA) effective in July of each year during the term of the agreement * Employees who are considered to be "Classic" employees as defined by the California Public Employees Retirement System (CalPERS) will increase the amount paid towards the cost of their retirement benefit by an additional one percent (1%) per year for a total contribution of twelve percent (12%) by the third year of the agreement * Increase of one percent (1%) per year for officers who possess an Intermediate P.O.S.T. Certificate * Increase of two percent (2%) per year for officers who possess an Advanced P.O.S.T. Certificate * Increase of thirty (30) hours in Association Business Time shared among association board members * Retiree medical benefits have been revised for all new VPOBA employees hired by the City after July 1, 2019, eliminating lifetime medical insurance coverage for the retiree's spouse, consistent with the benefits provided to non-safety employees * Language from three previous MOU amendments have been incorporated into the new comprehensive three year MOU * Various minor language changes to update and or eliminated outdated or obsolete language that is either no longer in effect or required update to reflect current practices. The changes from the previous MOU are highlighted in the attached proposed draft 2019 - 2022 MOU. Fiscal Impact: The fiscal impact of these proposed changes is approximately $130,985 for fiscal year 2019/2020. Funds have been included in the proposed FY 2019/2020 budget. ATTACHMENTS 1. Resolution - VPOBA MOU 2019-2022 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND THE VERNON POLICE OFFICERS’ BENEFIT ASSOCIATION FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2022 WHEREAS, the Vernon Police Officers’ Benefit Association (“VPOBA”) has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on September 16, 2014, the City Council of the City of Vernon adopted Resolution No. 2014-57 approving a Memorandum of Understanding (“MOU”) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VPOBA, for the period of July 1, 2014 through June 30, 2017; and WHEREAS, on June 16, 2015, the City Council of the City of Vernon adopted Resolution No. 2015-39, approving an Amendment No. 1 to the MOU; and WHEREAS, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-38, approving an Amendment No. 2 to the MOU, which extended the MOU through June 30, 2019; and WHEREAS, on October 24, 2017, the City Council of the City of Vernon adopted Resolution No. 2017-54, approving an Amendment No. 3 to the MOU, which amended the following Articles: (a) Article Seven, Section 16 regarding City Vehicle, and (b) Article Eight, Section 4 regarding Sergeants; and WHEREAS, the City and VPOBA have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2019 through June 30, 2022; and WHEREAS, representative members of the VPOBA and the City have - 2 - agreed to execute a Memorandum of Understanding (“MOU”) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by the VPOBA, for the period of July 1, 2019 through June 30, 2022; and WHEREAS, the City Council desires to approve the MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt 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. SECTION 3: The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the Vernon Police Officers’ Benefit Association, in substantially the same form as attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the MOU attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk’s designee, to send a fully executed MOU to Gustavo Herrera, Vice President of the - 3 - Vernon Police Officers’ Benefit Association. SECTION 6: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of August, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2019, at Vernon, California. Deborah Harrington, Interim City Clerk (SEAL) EXHIBIT A 1 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE OFFICERS’ BENEFIT ASSOCIATION July 1, 20194 through June 30, 202217 2 TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Parties to the Memorandum of Understanding .................................................................. 6 ARTICLE ONE: FUNDAMENTALS Section 1: Recognition ............................................................................................ . 7 Section 2: No Discrimination .................................................................................... 7 Section 3: Mutual Cooperation ................................................................................ . 7 Section 4: Layoffs ...................................................................................................... 7 Section 5: No Strikes or Lockouts .............................................................................. 7 Section 6: City / VPOBA Meetings ........................................................................ .. 8 Section 7: Association Business ................................................................................ 8 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM Section 1: Legal Limitations and Savings Clause ..................................................... . 9 Section 2: Term ........................................................................................................ . 9 Section 3: Maintenance of Existing Conditions .......................................................... 9 Section 4: Modification and Waiver ......................................................................... 10 Section 5: Severability ............................................................................................. 10 ARTICLE THREE: SALARIES Section 1: Police Officers .......................................................................................... 11 Section 2: Sergeants ................................................................................................... 12 Section 3: Merit Steps ............................................................................................. ..12 Section 4: Salary Adjustment Increase .................................................................... . 13 Section 5: Premium Pay ............................................................................................. 13 Section 6: Bilingual Pay ............................................................................................. 13 Section 7: “P.O.ST.” Certificate Incentive .................................................................. 13 Section 8: Shooting Pay ............................................................................................. 14 Section 9: Field Training Officer ............................................................................. .. 14 3 Section 10: Canine Handlers ...................................................................................... .. 14 Section 11: Motor Officers ......................................................................................... . 15 Section 12: Relief Sergeant ........................................................................................... 15 Section 13: Police Corporal Assignment – Lead Premium Pay ....................................... 15 ARTICLE FOUR: LONGEVITY Section 1: Employees Hired Before July 1, 1995 ....................................................... 16 Section 2: Employees Hired On or After July 1, 1995 ................................................ 17 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization ............................................................................... 18 Section 2: FLSA Overtime .......................................................................................... 18 Section 3: Comp Time ............................................................................................... . 18 Section 4: Leave Time Inclusion ............................................................................... . 19 Section 5: Training and Recertification ....................................................................... 19 Section 6: Court Attendance and “Stand By” Time ..................................................... 19 Section 7: Call Backs .................................................................................................. 21 Section 8: Jury Duty ................................................................................................... 22 Section 9: Non-Compensable ....................................................................................... 22 ARTICLE SIX: UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniform Allowance ................................................................................... . 24 Section 2: Summer Uniforms ....................................................................................... 24 Section 3: Safety Equipment ...................................................................................... . 24 4 ARTICLE SEVEN: BENEFITS Section 1: Public Employees Retirement System ....................................................... . 25 Section 2: Supplemental PERS Benefits .................................................................. .. 25 Section 3: Medical ....................................................................................................... 26 Section 4: Cafeteria Plan ............................................................................................. 26 Section 5: Dental Plan ................................................................................................. 26 Section 6: Vision Plan ................................................................................................. 27 Section 7: Life Insurance ............................................................................................. 27 Section 8: Retirees Medical ..................................................................................... .. 27 Section 9: Vacation Time .......................................................................................... . 29 Section 10: “In Lieu” Holiday Time .............................................................................. 29 Section 11: Sick Leave .................................................................................................. 30 Section 12: Bereavement Leave ................................................................................... . 30 Section 13: Auto Insurance .......................................................................................... . 31 Section 1413: Deferred Comp .......................................................................................... .31 Section 1514: Other City Employee Programs ................................................................... 31 ARTICLE EIGHT: WORK SCHEDULE AND ABSENCES Section 1: Provisions ................................................................................................. 32 Section 2: Work Schedule 3/12 Plan ............................................................................ 32 Section 3: Shift and 7 Code Policy ............................................................................... 32 Section 4: Sergeants ................................................................................................. . 33 Section 5: Shift Trades .............................................................................................. . 33 Section 6: Early Relief ............................................................................................... . 34 Section 7: Staffing ....................................................................................................... 34 ARTICLE NINE: GRIEVANCE PROCEDURE Grievance Procedure Steps .............................................................................................. . 35 ARTICLE TEN: DISCIPLINE PROCEDURE Discipline Procedures ...................................................................................................... . 38 5 ARTICLE ELEVEN: MANAGEMENT RIGHTS Management Rights ......................................................................................................... . 43 SIGNATURE PAGE Signatures ........................................................................................................................ 45 6 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND VERNON POLICE OFFICERS’ BENEFIT ASSOCIATION Parties to the Memorandum of Understanding Pursuant to Chapter 10 (section 3500 et seq) of Division 4, Title 1 of the Government Code and Resolution No. 4027, the Resolution for the administration of Employer-employee relations, the matters within the scope of representation that are set forth in this Memorandum of Understanding (MOU) have been discussed by and between representatives of the City of Vernon and the representatives of the Vernon Police Officers’ Benefit Association (hereinafter “VPOBA”) and except as otherwise specifically provided herein shall apply only to those defined in the aforesaid Resolution as “full-time and regular part-time employees in the Police Department except management and confidential employees” (Section 8B(2) “Group 2”), otherwise known as Police Officers and Sergeants. This MOU constitutes a joint agreement by the Municipal Employee Relations Representative (“MERR”) and the VPOBA, to be submitted to the City Council of Vernon for its determination and approval by one or more Resolutions or Ordinances as the City Council may deem fit and proper. The MERR and the Representative of the VPOBA have agreed that they will jointly urge the City Council of Vernon to adopt one or more Resolutions or Ordinances reflecting the changes in wages, hours, and other conditions of employment agreed upon in this MOU. If approved, the terms agreed upon by this MOU shall be effective as of July 1, 20142019, and shall expire at midnight on June 30, 20172022. IN CONSIDERATION OF THE TERMS AND CONDITIONS HEREIN STATED, the VPOBA and the City of Vernon agree as follows: 7 ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City of Vernon recognizes the Vernon Police Officers’ Benefit Association (“VPOBA”) as the certified majority representative of the employees, comprised of Police Officers and Sergeants, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the VPOBA shall discriminate against any individual, applicant or employee with respect to his compensation, terms, condition, or privileges of employment or because of an individual’s race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non-membership in the VPOBA. Section 3: Mutual Cooperation The parties recognize the necessity of cooperating on matters of mutual concern and interest and agree to work together to maximize the effectiveness of the Police Department and the City and to accomplish legislative and funding goals in their mutual interest. Section 4: Layoffs In accordance with the Meyers-Milias Brown Act, the City and the Association shall meet and confer on the effect of its actions to layoff. This will occur prior to implementation of layoffs, except in emergency circumstances wherein the City Council declares a fiscal emergency pursuant to Article II, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights to layoff. Section 5: No Strikes or Lockouts During the life of this agreement no work stoppages, strikes, slowdowns, or picketing shall be caused or sanctioned by the VPOBA, and no lockouts shall be made by the City. 8 Section 6: City/VPOBA Meetings Representatives from the VPOBA and the City shall meet as needed to discuss issues of mutual concern. Section 7: Association Business Representatives of the VPOBA shall be allowed time to conduct their Association business as necessary during work hours. Coordination of such work will be made with the Chief of Police to ensure the availability of staffing levels for such meetings. The VPOBA President will have available to him/her a total of 170 200 hours of Association Leave Time at the beginning of each calendar year for conducting Association business off-duty during time he/she and/or any of his Association board members would be regularly scheduled to work. A. The VPOBA President will be responsible for assigning any Association Leave Time to his board members. Unused hours may not be carried over from one year to the next without the written authorization of the Police Chief or his/her designee. B. In each case where Association Leave Time is requested, such request must be in writing to the Police Chief or his/her designee or above a minimum of 72 hours before the Leave Time is needed unless authorized in writing by the Police Chief or his/her designee. C. Association Leave Time will not be granted if it will cause overtime unless it is authorized in writing by the Police Chief or his/her designee. D. In no case will Association Leave Time be used for political action purposes. 9 ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. Section 2: Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 20142019, and shall remain in full force and effect up to and including midnight, the 30th day of June 2017 2022 or until the next Memorandum of Understanding becomes effective. (b) This Memorandum of Understanding shall be binding on the City and the Association when approved and adopted by the City Council. Except as otherwise provided herein, the City and the Association agree to submit proposals for any changes related to wages, benefits and/or other terms of and conditions of employment affecting this Memorandum of Understanding between February 1, 2017 2022 and March 1, 20172022. Section 3: Maintenance of Existing Conditions Any employment policy, practices and/or benefits, including the alternative workweek schedule and overtime compensation are incorporated into this Memorandum of Understanding, unless otherwise stated herein. In the event of a conflict between the Memorandum of Understanding and an existing policy and/or practice, this Memorandum of Understanding shall govern. 10 Section 4: Modification and Waiver The City reserves the right to add to, delete from, amend or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act and the Public Safety Officers’ Procedural Bill of Rights Act. Section 5: Severability. In the event that a court finds any provision(s) of this Memorandum of Understanding to be invalid or unenforceable, the parties intend that the remaining provisions remain in effect. The parties further agree to meet and confer for purposes of negotiating an alternative to any provision declared invalid or unenforceable. 11 ARTICLE THREE SALARIES (a) Effective July 1, 2014, Police Officers and Police Sergeants who were hired or promoted before July 1, 2014 and have not attained their maximum salary step shall be grandfathered into their current salary grade and step. (i) Effective September 1, 2014, Police Officers only who have not attained their maximum salary step in the grandfathered salary plan shall be placed at the top step of their current grade and thereafter their respective salaries shall be Y-rated and frozen during the term of this contract. (b) Effective July 1, 2014, employees who have attained the maximum step of their current salary grade and are above the maximum recommended 75th percentile grade and step plan shall be Y-rated and thereafter their respective salaries frozen during the term of this contract. (c) Effective July 1, 2014, employees represented in the Police Officers Benefit Association who are hired or promoted on or after July 1, 2014 shall be placed at the appropriate step within the proposed grade and step pay plan as a result of the city wide classification and compensation study based upon the 75th percentile. (i) Effective January 1, 2015the first full pay period in July 2019, employees represented in the Police Officers Benefit Association (excluding Y-rated and grandfathered employees) shall receive a 1.5% cost of living increase. (ii) Effective July 1, 2015the first full pay period in July 2020, employees represented in the Police Officers Benefit Association (excluding Y-rated and grandfathered employees) shall receive a 1.5% cost of living increase. (iii) Effective the first full pay period in July 2021, employees represented in the Police Officers Benefit Association (excluding Y-rated and grandfathered employees) shall receive a 1% cost of living increase. Section 1: Police Officer Police Officer with 1% COLA Salary Range PO 26 Step Effective 7/7/2019 Effective 7/5/2020 Effective 7/4/2021 1 $ 6,686 $ 6,753 $ 6,820 2 $ 7,020 $ 7,090 $ 7,161 3 $ 7,371 $ 7,445 $ 7,519 4 $ 7,740 $ 7,817 $ 7,895 5 $ 8,127 $ 8,208 $ 8,290 12 Effective the beginning of the pay period containing January 1, 2015 the base monthly salary of a Police Officer (excluding Y-Rated employees) shall be increased by 1.5% as follows: Step 1 $5,852 Step 2 $6,146 Step 3 $6,453 Step 4 $6,775 Step 5 $7,114 Y1 $7,771 Effective the beginning of the pay period containing July 1, 2015, the base monthly salary of a Police Officer (excluding Y-Rated employees) shall be increased by 1.5% as follows: Step 1 $5,940 Step 2 $6,238 Step 3 $6,550 Step 4 $6,877 Step 5 $7,221 Y1 $7,771 Section 2: Police Sergeant Sergeant with 1% COLA Salary Range PO 31 Step Effective 7/7/2019 Effective 7/5/2020 Effective 7/4/2021 1 $ 8,533 $ 8,618 $ 8,704 2 $ 8,960 $ 9,049 $ 9,139 3 $ 9,407 $ 9,501 $ 9,596 4 $ 9,878 $ 9,977 $ 10,076 5 $ 10,372 $ 10,475 $ 10,580 Effective the beginning of the pay period containing January 1, 2015 the base monthly salary of a Police Sergeant (excluding Y-rated and grandfathered employees) shall be increased by 1.5% as follows: Step 1 $7,470 Step 2 $7,844 Step 3 $8,236 Step 4 $8,648 Step 5 $9,080 Y1 $8,501 Y2 $8,968 Y3 $9,462 Effective the beginning of the pay period containing July 1, 2015 the base monthly salary of a Police Sergeant (excluding Y-rated and grandfathered employees) shall be increased by 1.5% as follows: 13 Step 1 $7,582 Step 2 $7,962 Step 3 $8,360 Step 4 $8,778 Step 5 $9,216 Y1 $8,501 Y2 $8,968 Y3 $9,462 Section 3: Merit Steps Salary increases to higher pay grade steps are merit steps only, and shall be available to employees as recognition and reward for satisfactory services with the time frames described in the Personnel Policies and Procedures, Performance Evaluation Policy. Merit increases to any said step shall remain the sole discretion of the City Council. Effective July 1, 2015 – Employees and Grandfathered Sergeants not at the top of their current salary grade who in the discretion of the Police Chief and in accordance with the City’s Performance Evaluation Policy, have attained one year of satisfactory service as of their immediately preceding classification anniversary date shall receive a one-time 5% merit increase during the term of this contract. Future salary increases to any said step shall remain the sole discretion of the City Council. The July 1, 2015 merit increase shall not alter the employee’s actual classification anniversary date. Employees who are not at the top step of their Classification Compensation Plan and who achieve an overall “above average” ranking during their annual performance review in accordance with the City’s Performance Evaluation Policy will receive one merit salary advance on the first full pay period in July. Employees shall continue to receive their annual evaluations as scheduled in the City’s Performance Evaluation Policy and employees may receive more than one annual merit salary advance during the term of this Agreement. Notwithstanding the above provision, any person employed in a position of Police Officer, Step 1, shall be appointed to Step 2 upon his/her successful completion in an assigned accredited training academy, and any person employed in a position of Police Officer, Step 2, shall be appointed to Step 3 after serving at least six (6) months in the field and upon receiving a merit evaluation of satisfactory/competent. Any person who qualifies for said increase shall have his/her anniversary date for future merit increases established as of the date said officer is appointed to said Step. 14 Section 4: Salary Adjustment Increase In the event there is a salary inequity between ranks or between employees within the Department, the Chief of Police may incorporate a service adjustment increase up to ten percent (10%) per month of their base salary. Section 5: Premium Pay In the event a Police Officer or a Sergeant is assigned to the Detective Division, the Professional Standards Division, or an outside detail or task force, he/she shall receive premium pay equal to five percent (5%) of his/her base pay per month, and the premium pay shall not be considered to be part of the employee’s base monthly salary when computing Peace Officers Standards and Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base monthly salary for purposes of computing overtime pay and last highest annual salary. Section 6: Bilingual Pay A VPOBA employee may be compensated for bilingual skills after the employee demonstrates proficiency in speaking a foreign language (the ability to read and write in a foreign language may also be tested, if necessary), which proficiency would be determined by successful completion of a foreign language proficiency test designated by the Human Resources Department. Those employees who successfully demonstrate this skill are eligible to receive an additional One Hundred Twenty-Five Dollars ($125.00) per month for bilingual pay and shall not be considered to be part of the employee’s base monthly salary when computing Peace Officers Standards and Training (P.O.S.T.) certificate incentives; however, it shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary. Section 7: Peace Officers Standards and Training (“Post”) Certificate Incentive VPOBA employees who have completed their evaluation period shall be entitled to P.O.S.T. certificate pay as follows: Effective the first full pay period in July of 2019 the POST Certificate pay shall be as follows: Intermediate: 4% of the employee’s basic monthly salary, excluding all other compensation Advanced: 8% of the employee’s basic monthly salary, excluding all other compensation Effective the first full pay period in July of 2020 the POST Certificate pay shall be as follows: Intermediate: 5% of the employee’s basic monthly salary, excluding all other compensation 15 Advanced: 10% of the employee’s basic monthly salary, excluding all other compensation Effective the first full pay period in July of 2021 the POST Certificate pay shall be as follows: Intermediate: 6% of the employee’s basic monthly salary, excluding all other compensation Advanced: 12% of the employee’s basic monthly salary, excluding all other compensation • Three percent (3%) of the employee’s basic monthly salary, excluding all other compensation, for a P.O.S.T. intermediate certificate; or • Six percent (6%) of the employee’s basic monthly salary, excluding all other compensation, for a P.O.S.T. advanced certificate. Payment of the above-referenced incentive compensation shall not be cumulative; only the highest applicable incentive pay level shall apply. Incentive pay shall be payable the month following the month during which the certificate is granted. P.O.S.T. certificate pay shall be considered as part of the base monthly salary for purposes of computing the last highest annual salary Section 8: Shooting Pay Effective August 1, 2014, Shooting Pay for all employees shall be discontinued. Section 9: Field Training Officers Police Officers assigned by the Chief of Police or his/her designee, as Field Training Officers shall receive a deferential of five percent (5%) of their base salary for the period so assigned. This 5% deferential shall be considered a part of their base salary when calculating Longevity, SAI and P.O.S.T certificate pay. Each officer assigned as a Field Training Officer shall complete a P.O.S.T. approved Field Training Officer School prior to assignment. The number of field training officers, qualifications, and training for such assignment shall be determined by the Chief of Police. Such assignment maybe revoked at any time without recourse 16 to the disciplinary procedure. Section 10: Canine Handlers Each member of the canine team is responsible for the care and maintenance of their assigned Police Service Dog (PSD) both on and off duty. Each handler assigned to the canine team will be paid three (3) hours of overtime each week. This overtime pay will compensate the handler for the time spent providing care for their PSD outside of normal duty hours. Section 11: Motor Officers Each Operator shall be provided with one (1) hour off per work week for motorcycle maintenance. Time off shall be scheduled either at the beginning or end of a shift with the Watch Commander to ensure sufficient staffing levels. Section 12: Relief Sergeant Vernon has established a Sergeant’s relief position with a salary equal to the salary received by Patrol Sergeants. The Chief of Police has the discretion to assign additional duties to the Sergeant assigned to this position. Section 13: Police Corporal Assignment -Lead Premium Pay At the discretion of the Police Chief, an employee who is assigned to the Police Corporal assignment shall be eligible to receive a five percent (5%) Police Corporal Lead Premium Pay effective July 1, 2015. The Police Corporal Lead Premium Pay shall be in accordance with the attached Police Corporal Program brochure and summary. The five percent (5%) premium shall not be considered to be part of the employee’s base salary when computing other incentive pay. 17 ARTICLE FOUR LONGEVITY Section 1: Employees Hired Before July 1, 1995 Effective August 31, 1986, the City established a four-step Longevity program for all employees. Said Longevity program is as follows:  All eligible employees who have five years of service on or before August31, 1986, shall receive an additional five percent (5%) per month of their base salary effective August 31, 1986, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 5th anniversary date after August 31, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date.  All eligible employees who have ten (10) years of service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Said ten percent (10%) is in place of the five percent (5%) referenced in paragraph 1 above and not cumulative therewith.  All eligible employees who have fifteen (15) years of service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next Longevity level. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said date. Said fifteen percent (15%) is in place of each of the amounts referenced in paragraphs 1 and 2 above and not cumulative therewith.  All eligible employees who have twenty (20) years of service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989 shall be entitled to said twenty percent (20%) per month upon said 18 anniversary date. Said twenty percent (20%) is in place of each of the amounts referenced in paragraphs 1, 2 and 3 above and not cumulative therewith. Section 2: Employees Hired on or After July 1, 1995 and on or before December 31, 2013. All employees who are hired on or after July 1, 1995 and before December 31, 2013, who attain five (5) years of consecutive uninterrupted employment shall receive an additional five percent (5%) per mouth of their base salary. Such employees shall be entitled to receive such five percent (5%) increase upon reaching their 5th anniversary date. Such employees will not be entitled to receive any additional Longevity percentage increase to their base salary for further service. 19 ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls extending beyond the end of duty time are considered as authorized. Section 2: F.L.S.A. Overtime Employees required to perform in excess of the standard work period of 160 hours in a 28-day cycle shall receive compensation at the rate of time and one-half their regular rate of pay or time and one-half “compensatory time” for each hour worked. The regular rate of pay shall include the following components in addition to base salary:  P.O.S.T. Certificate Pay  Special Assignment Pay Section 3: Compensatory Time Employees may not earn more than forty (40) hours of compensatory time during any FLSA 28- day cycle. At such time as an employee earns forty (40) hours of compensatory time within a given 28-day work cycle, any additional overtime in that cycle shall be paid to the employee at time and one-half of his/her regular rate of pay. Employees may not accumulate more than 240 hours of compensatory time. An employee must be paid at the rate of time-and one-half for any overtime worked beyond the 240- hour compensatory time “cap.” 20 Section 4: Leave Inclusions In determining an employee’s eligibility for overtime compensation in a work period, paid leaves of absence will be included in the total number of hours worked. Paid leaves of absence include, but are not limited to, the following: 1. Vacation 2. Holiday Leave 3. Sick Leave 4. Administrative Leave 5. Compensatory Leave 6. Workers’ Compensation Leave (4850 time) 7. Jury Duty 8. Bereavement Leave 9. Military Leave 10. Association Leave Section 5: Training and Recertification Time Training time that is required is compensable. Recertification time that is directly related to an employee’s job will be compensable if completed during assigned work hours. Section 6: Court Attendance and “Stand By” Time Court Appearances Employees shall be compensated for court appearances in the line of duty outside regular scheduled duty hours as follows: A. Court appearances which extend beyond an employee’s normal shift assignment shall be compensated as paid overtime. For purposes of calculating F.L.S.A. overtime pursuant to this section of this MOU, only the actual time spent in court or traveling in a City vehicle to and from the Station shall be credited as hours worked. Travel time to and from one’s private residence shall not be considered hours worked and shall not be compensated in any manner whatsoever. B. Notwithstanding the provisions of “A” above, employees required to attend court sessions 21 outside a scheduled work shift shall be compensated a minimum guarantee of four (4) hours at time and one-half (1.5). The court appearance minimum of four (4) hours or court stand- by time shall not apply to employees appearing in court during an on-duty status, whether it be his/her regularly assigned shift or an overtime shift assignment, or employees are receiving pay from the City for another reason (i.e., IOD or Administrative Leave). C. No more than one guaranteed minimum of four (4)-hours shall be paid in any one day. In the event an employee receives two or more court appearance notices for the same day (for example, morning and afternoon session) the court appearance shall be for the total accumulative hours for the day to attend court. In such cases, an employee shall be compensated at time and one-half (1.5) at his/her regular hourly rate for court duty assignment beyond the guaranteed minimum of four (4) hours. D. If an employee is required to stay beyond four hours in court, the employee shall be compensated at time and one-half (1.5) at their regular hourly rate for all hours spent in their court duty assignment that day. E. When an employee is scheduled for duty and a court appearance is required within one- half (1/2) hour before his/her shift or one-half (1/2) hour after the end of his/her shift, the employee shall not be eligible for the four (4) hour court appearance minimum. However, the employee shall be compensated for such overtime worked at 1.5 times his/her regular rate of pay. F. After receiving a court appearance subpoena, an employee may not request or take vacation (or other requested/approved leave) on the appearance date, unless the court/subpoenaing party approves the employee’s request to reschedule. If an employee has requested or is scheduled to be off duty on vacation (or other requested/approved leave) prior to receipt of a subpoena, and the request to reschedule the court appearance is denied, he/she will be eligible for the court appearance overtime provisions of this section. Stand By Time If an employee receives a subpoena to be placed on standby, the effected employee shall be compensated for Stand By status as follows: A. An employee who is placed on Stand By status for a half court day, which shall consist 22 of either a morning session or afternoon session of court, shall be paid Sixty Dollars ($60.00). B. An employee who is placed on Stand By status for a full court day, which shall consist of the morning session and the afternoon session of court, on the same day, shall be paid One Hundred Nineteen Dollars ($119.00). However, if said employee is required to appear in court, he/she shall receive court appearance compensation rather than Stand By compensation for his/her time in court. C. The parties agree that Stand By pay shall not count toward hours worked and that the provision complies with the F.L.S.A. D. Alternatively, an employee (at the employee’s option and with the permission of the Chief of Police or his designee) on court Stand By may report to the police station, in uniform, for assignment while awaiting court. Under these circumstances, an employee shall be compensated on an hour-for-hour basis (if on overtime, at time and a half) for time actually worked while on Stand By. E. No additional payment other than that set forth in Section 6 of the MOU shall be made for Court Pay. Section 7: Call Backs Call Back duty occurs when an employee is ordered to report to duty on a non-regularly scheduled work shift. Call Back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. This provision is also to be distinguished from Court pay, which is to be used when an employee is called to court. An employee called back to duty shall be credited with a minimum of four (4) hours work. Any hours worked in excess of four hours shall be credited on an hour-for-hour basis (at time and one- half compensation) for actual time worked. If the employee is ordered to return to work immediately, his work time shall be credited commencing immediately after the employee has been directly contacted by the employer. 23 Section 8: Jury Duty A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to two weeks at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty will be required to return to work as soon as they are released from jury duty. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. B. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the city and the employee shall be entitled only to the court’s compensation for duty performed on such employee’s regular day off. C. If an employee is required to serve on a jury for a period longer than two weeks, the employee shall be entitled, at the employees’ option, to use any accrued leave time, other than sick time, during the period of extended jury service. The employee shall continue to receive all paid benefits, and shall continue to accrue eligible leave benefits. Section 9: Non-Compensable A. City Vehicle Use–Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for travel time to and from work. This provision also applies in those situations where the radio must be left on and monitored unless answering a call for service. B. Clothes/Uniform Changing Time–Employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on duty. Each employee is provided with a locker for his/her personal convenience. Any employee may or may not utilize the 24 locker for storage and changing purposes at his/her own discretion. Nothing herein prevents an employee from wearing his/her uniform to and/or from his/her residence to work as long as the badge and insignia are covered in a non-police issue garment such as a windbreaker. Employees choosing to wear their uniforms covered to and/or from work should not wear their “Sam-Browne” belt. Time spent in changing clothes before or after shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever. C. Exempt--The Chief of Police and Captains are exempt from overtime. For purposes of treatment of overtime, the classification of Police Sergeant shall be treated in the same manner as Police Officers. 25 ARTICLE SIX UNIFORMS, ALLOWANCE AND SAFETY EQUIPMENT Section 1: Uniform Allowance The City will pay each Group 2 employee who has completed his or her first year of service with the City and who is on the active payroll of the Vernon Police Department the sum of One Thousand Dollars ($1,000) per fiscal year for the purchase of uniforms and related equipment. Such payment shall occur within the month of August of each year. Uniform allowance is special compensation that shall be deemed earned when paid and shall be reported to CalPERS as compensation earnable. Section 2: Summer Uniforms Employees who are assigned to patrol will be allowed to utilize summer uniforms (blue shirt/blue shorts) on any day at the discretion of the Chief of Police. The Chief of Police shall establish authorization or notification procedures, as well as summer uniform requirements. Section 3: Safety Equipment The City shall, every three (3) years, pay one half of the cost of the member’s individual body armor if the member presents to the City a receipt for body armor that meets Departmental specifications. If the City provides individual body armor to an employee, and the employee accepts such body armor, then the three (3) year time period shall begin upon acceptance of the body armor by the employee. Employees who carry a private weapon which has been expressly approved by the Vernon Police Department and suffer the loss or damage of such weapon in the line of duty shall be compensated by the City of Vernon up to the amount of replacement cost of the official issue weapon of the Vernon Police Department unless such loss or damage was caused by the employee’s negligence. 26 ARTICLE SEVEN BENEFITS Section 1: Public Employee Retirement System (“PERS”) The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides employees with three percent (3%) at 50 PERS retirement benefit plan. As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new CalPERS members hired on or after January 1, 2013 who meet the definition of new member under PEPRA, shall be provided a 2.7% at 57 PERS retirement benefit plan. Employees shall be responsible for paying their PERS nine percent (9%) employee’s contributions. Effective the first full pay period in July 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of ten percent (10%). Effective the first full pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of eleven percent (11%). Effective the first full pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contribution by paying an additional 1% of CalPERS reportable compensation for a total contribution of twelve percent (12%). Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to employees under PERS as follows:  Gov’t Code Section: 20042 – One Year Final Compensation: Final compensation is the average full-time monthly pay rate for the highest twelve (12) consecutive months. 27 New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Final Compensation.  Gov’t Code Section: 20124 - Military Service Credit as Public Service: Employees may elect to purchase up to four (4) years of service credit.  Gov’t Code Section: 21571 – Basic Level of 1959 Survivor Benefits: Provides surviving benefactor a monthly allowance up to four-hundred thirty dollars ($430).  Gov’t Code Section: 21624 & 21626& 21628 - Post Retirement Survivor Allowance: Provides surviving spouse fifty percent (50%) of the amount of retirement allowance, dependent on option choices, in effect at the time of death of retiree. 28 Section 3: Medical, The City offers various medical plans to employees. . The City reserves the right to select, administer, or fund any fringe benefit programs involving insurance that now exist or may exist in the future. . The City shall meet with the Association prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article Section 4: Cafeteria Plan. The City and Association agree to a section 125 cafeteria plan (non-cash out), effective January 1, 2015. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of his/her medical, dental, and vision plans as outlined in subsections A, B, C, and D below. During the term of the Agreement, for employees who elect Employee + Family coverage, the City agrees to provide a cafeteria plan contribution equal to the total premium costs of the Employee + Family Low Medical HMO, Employee + Family lowest cost Dental DMO and lowest cost family vision plan. Employees enrolled in the Employee + Family health benefits category that elect a health plan higher than the Low HMO medical, dental and/or vision, will be responsible for any applicable premium costs through a pre-tax payroll deduction. The City understands that this amount will vary based on the premium costs that go into effect on January 1st of each calendar year of the term of this Agreement. If employees opt out of dental and/or vision, they may use the allotments for those respective coverages toward excess medical premiums. During the term of the Agreement, for employees who elect Employee-Only, Employee + Spouse and Employee + Children tiers, the City agrees to provide the same flat dollar cafeteria contribution for medical, dental and vision benefits that the City is paying as of June 2016 for these employee health group tiers. That amount is $1,165 per month. Employees who elect one of these tiers must pay for their dental and vision benefits from this cafeteria contribution. The parties understand and agree that this amount will remain fixed during the term of this Agreement. Provided, however, should the total premium cost of the lowest cost medical HMO, 29 lowest cost Dental DMO, and lowest cost vision plan exceed the current flat rate dollar cafeteria contribution for medical, dental, and vision benefits for any of the tiers, then the contribution for that tier will be raised to equal the total premium costs of the Low Cost Medical HMO, lowest cost Dental DMO, and lowest cost vision plan for that tier. Employees that elect a health plan higher than the applicable City contribution will be responsible for any applicable premium costs through a pre-tax payroll deduction. If employees opt out of dental and/or vision, they may use the allotments for those respective coverages toward excess medical premiums. For unit employees enrolled in the HSA PPO plan, the City shall pay up to the city contribution for their specific tier as set forth in A and B above reduced by an annual amount of $3,000. In addition, for each employee enrolled in an HSA PPO plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows $1,500 in January, and $500 each in March, June, and September. The cost of any HSA PPO plan selected by employees that exceeds the City contribution amount shall be paid the employee through a pre-tax payroll deduction. During the term of the Agreement, Employees will be allowed to opt in to the Employee + Family plan during any open enrollment period or upon a qualifying event as prescribed by the City’s insurance provider. The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of his/her medical plan as outlined in Subsections A and B below. In the event an employee does not exhaust nor exceed his/her monthly medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of dental, vision, supplemental or ancillary plans offered through the City and approved by the Director of Human Resources. For VPOBA employees enrolled in either the HMO or PPO (non-HSA) medical plans, the City shall pay up to $1,165 per month of the cost of the plan for employees and eligible dependents. The cost of any plan selected by the employee that exceeds $1,165 shall be paid by the employee through a pre-tax deduction. For VPOBA employees enrolled in the HSA PPO plan, the City shall pay up to $850 per month of the cost of the plan for employees and eligible dependents. In addition, for each employee enrolled in an HSA PPO plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January and $500 each in March, June and September. The cost of any HSA PPO plan selected by the employee that exceeds $850 shall 30 be paid by the employee through a pre-tax payroll deduction. Section 5: Dental: The City of Vernon provides a dental insurance plan to employees. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Section 6: Vision: The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such a plan for employees only. All premiums for vision coverage at each tier of coverage are to be deducted from the total monthly city contribution for Medical, Dental, and vision coverage. Employees shall have the option of purchasing vision care for their dependents at a cost of $6.95 for one dependent or $13.95 for two or more dependents. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. Section 7: Life Insurance: The City provides a $20,000 life insurance plan to employees. The City shall pay 100% of the cost of such plan for employees. The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee; however, the City shall be obligated to pay the cost or provide said medical, dental, vision, and life insurance benefits as described so long as this MOU remains in effect. Section 8: Retiree’s Medical 31 Employees must retire from the City of Vernon under a CalPERS Benefit Formula (i.e. Age 50 or 57 Formula) to be eligible for Retiree Medical/Dental Benefits. For employees hired by the City before July 1, 2019 the following retiree medical benefits apply: The City shall pay up to $1,100 per month towards the employee’s option of the City’s medical and dental insurance programs for the employee and his/her eligible spouse in the classifications represented by the Vernon Police Officers Benefit Association who have been employed as sworn Peace Officers for a minimum of twenty (20) years and a minimum of 10 years of that service has been in the employment of the City of Vernon. The maximum $1,100 City contribution shall be applied only toward a city provided medical and dental premium plan payment and shall have no cash surrender value. The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee and eligible spouse up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree and/or eligible spouse shall apply for Medicare Part A and Part B coverage, whereupon the City’s insurance shall become supplemental coverage. The City shall pay up to $1,100 per month of the cost to provide any Medicare supplemental medical and dental insurance plan offered by the City of Vernon. The City will not be the primary insurance carrier once the retiree and/or eligible spouse reaches the age of sixty-five (65). If the retiree or eligible spouse fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained. The maximum $1,100 City contribution shall be applied only towards a City sponsored Medicare supplemental medical and dental premium plan payment and shall have no cash surrender value. All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the City’s premium cost for medical and dental insurance for employee only, up to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier. The retired employee may remain on the City’s supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and maintains Medicare coverage. Should the retired employee fail to pay his/her required cost of the insurance premium for the City’s medical/dental benefit plan for any three (3) consecutive months or, should the coverage 32 otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to maintain the retiree’s medical/dental benefit plan shall automatically terminate without the need for further notice. Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment for the employee and his/her eligible spouse of $1,100, or the equivalent to the then-current lowest cost City-offered Employee+Spouse medical HMO and/or dental HMO insurance premium, whichever is greater, as permitted by the Public Employee Pension Reform Act (PEPRA). Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll. For employees hired by the City on or after July 1, 2019, the following retiree medical benefits apply: The City shall pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for all full-time regular employees in the classifications represented by the Vernon Police Officers Benefit Association who have been employed as sworn Peace Officers for a minimum of twenty (20) years and a minimum of ten (10) years of that service has been in the employment of the City of Vernon. The City contribution shall be applied only toward a city provided medical and dental premium plan payment and shall have no cash surrender value. The City’s contribution toward the Retiree Medical/Dental Benefit Plan shall continue for said retired employee up to the age of sixty-five (65). Upon reaching the age of sixty-five (65), the retiree shall apply for Medicare Part A and Pert B coverage, whereupon the City’s insurance shall become supplemental coverage. The City shall pay up to the cost of any Medicare supplemental medical and dental insurance plan offered by the City of Vernon. The City will not be the primary insurance carrier once the retiree reaches the age of sixty-five (65). If the retiree fails to timely obtain and maintain Medicare coverage, the City shall not be required to provide any medical/dental benefits until such Medicare coverage is obtained and maintained. 33 All retired employees with a minimum of ten (10) years of continuous uninterrupted service with the City may pay the City’s premium cost for medical and dental insurance for employee only, up to the age of sixty-five (65) after which time Medicare will become the primary insurance carrier. The retired employee may remain on the City’s supplemental insurance to Medicare at his/her cost provided the retiree has timely obtained and maintains Medicare coverage. Should the retired employee fail to pay his/her required cost of the insurance premium for the City’s medical/dental benefit plan for any three (3) consecutive months or, should the coverage otherwise lapse for any reason other than City’s non-payment, then the City’s obligation to maintain the retiree’s medical/dental benefit plan shall automatically terminate without the need for further notice. Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment up to the amount provided above depending on the employee’s date of hire as permitted by the Public Employee Pension Reform Act (PEPRA). Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll. Section 9: Vacations A. Accrual  Vacation accrual after the first year of service: 120 hours per year  Vacation accrual after ten (10) years of service: 160 hours per year  Vacation accrual after completion of twenty-five (25) years of service: 170 hours per year B. Policy Employees may take all or part of their vacation in increments of one-fourth (1/4) hour or more, as determined by the Police Chief at his/her discretion with due regard for the wishes of the employee and the needs of the Department. Any request will be honored only if, in the opinion of the Police Chief or his/her designee, the manpower or service level on the day or days and at the times requested is adequate to permit granting such a request. Vacation time provided for herein shall be accumulated from calendar year to 34 calendar year, and shall be compensated for if not utilized during said period. Section 10: “In Lieu” Holidays Employees shall receive one hundred and ten (110) “in lieu” holiday hours per fiscal year. “In lieu” holidays will be credited to each employee on each July 1in which he/she is on the active payroll of the Department, including those on “Light Duty,” in a classification represented by the VPOBA, and must be taken prior to the immediately following July 1. “In lieu” holidays may be taken in increments of one-fourth (1/4) hour or more, on dates desired by the employee subject to the needs of the Vernon Police Department. “In lieu” holidays, if not taken, shall not be paid for except if the employee was denied an opportunity to take them off during the fiscal year for which such “in lieu” holidays were granted. In that case only, the employee shall be paid for said “in lieu” holidays not taken with his/her first possible payroll check on or after July 1 of the fiscal year following the year for which the “in lieu” holidays were credited, at his/her then basic rate, excluding all other compensation, computed in accordance with the applicable Salary Resolution of Vernon. An employee who quits or is terminated shall not be entitled to any compensation for “in lieu” holidays not taken. If the City Council, during the fiscal year, provides one or more additional holidays to the miscellaneous employees in addition to those holidays provided for in Resolution No. 8764, Employees shall receive the same number of any additional holidays. Any additional “in lieu” holiday time received by employees will be for a maximum of ten (10) hours per day received. Section 11: Sick Leave Employees only receive sick leave accrual while they are in a paid status. Employees shall accrue sick time at a rate of 3.08 hours per pay period (80 hour annually), with a maximum cap of 960 hours. Upon reaching the cap, employees will continue to accrue sick leave provided; however, in the final pay period in Decemberor about February of each year all accrued sick leave in excess of 960 hours shall be cashed in at fifty percent (50%) of the employee’s regular rate of pay. If an employee separates or terminates employment with the City, they shall be compensated for any accrued sick leave hours at the time of separation not to exceed 960 hours. Employees that separate from service with more than 20 years of service credit shall be compensated at 100% of their current pay rate applied to the first 480 sick leave hours and 50% for their remaining hours 35 up to the cap of 960 hours. Employees with less than 20 years of service shall be compensated at 50% of their then current pay rate up to the cap of 960 hours. Employees shall have the option of obtaining service credit for the accrued, unused sick leave hours instead of a cash payment pursuant to California Government Code Section 20965. Employees are expected to contact their supervisor or Department head as soon as possible to report a sick leave time off notification and provide appropriate information on the nature of the illness or injury and the expected duration of the time off. Employees unable to report for duty due to an illness should be required to call in and notify the on-duty supervisor a minimum of 2 hours before they are due to start their shift. An employee who is absent on sick leave for more than two (2) consecutive shifts shall be required by his or her supervisor to provide a doctor’s note in order to be paid for the sick leave. Section 12: Bereavement Leave When an employee is compelled to be absent from duty by reason of death or critical illness (where death appears imminent) of a member of the employee’s immediate family (father, mother, brother, sister, spouse, children, mother-in-law, father-in-law, grandmother, grandfather, grandchildren, grandmother-in-law, grandfather-in-law, step children, step parents, step parents- in-law, step brother/sister-in-law, or registered domestic partner), such person will be permitted, subject to the Chief of Police’s approval, to a leave of absence with pay for up to the equivalent to one work week (37.5, 40, OR 47.5 hours) based on the individual employee’s regular schedule twenty-five (25) hours over two shifts, which may, but need not be, consecutive. An employee shall not be granted paid Bereavement Leave for more than 2 days in any six-month period for the same family member. Employees will be allowed to utilize their vacation time, any compensatory time, or any “in lieu” holiday time that is due to the employee, in order to lengthen such bereavement time. The employee shall furnish satisfactory evidence of such death or critical illness to the Chief of Police, if requested. Section 13: Auto Insurance Program 36 Effective August 1, 2014, Auto Insurance Program for all employees shall be discontinued. Section 134: Deferred Compensation Employees are eligible to participate in the City’s Deferred Compensation Program. Section 141: Other City Employee Programs Employees are eligible to participate in all City sponsored programs passed by City Council Resolutions that are intended to benefit all employees in the areas of, but are not limited to, the following:  Buyback of military leave for PERS retirement time  Computer loan purchase plan  Corrective eye surgery plan  Hearing aid devise plan  Tuition reimbursement plan  Family Medical Leave Act (FMLA) Section 15: City Vehicle The Police Sergeant assigned to detective duties shall be allowed to take his/her assigned City vehicle home. 37 ARTICLE EIGHT WORK SCHEDULE AND ABSENCES Section 1: Provisions The Vernon Chief of Police at his sole discretion shall establish the work schedule. Section 2: Work Schedule 3/12 Plan Law Enforcement agencies are allowed to establish a work period of any length between seven (7) and twenty-eight (28) consecutive days. At the City, employees must work one hundred sixty (160) hours per twenty-eight (28) day cycle. In order to be compliant, employees will work three (3), twelve and one half hour (12 1/2) days per week with a ten (10) hour payback per month, without incurring any overtime. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the effected employee a minimum of 10 days prior to the change, unless agreed to by the effected employee(s) and the Chief of Police or his designee. The City agrees to continue the 3/12 Plan for employees assigned to patrol, with the exception of specific assignments. The VPOBA agrees that the City may, at its sole discretion and at any time, terminate the 3/12 Plan. The VPOBA agrees that the termination of the 3/12 Plan is not subject to the grievance procedure or any other administrative review and that the 3/12 Plan is not and shall not become a vested right in any manner, and that a decision to terminate such 3/12 Plan is subject to the meet and confer process. Section 3: Shift and Code Seven Policy: Patrol personnel shall work a twelve- and-one-half (121/2) hour shift. The first one-half hour shall be used for briefing and training purposes. Lunch time (Code 7) shall be part of the shift and is compensable. 38 Section 4: Sergeants Patrol sergeants are entitled to eight (8) months of weekends off per year (including Saturday and SundaySaturday, Sunday and Monday). In the event there is a need to adjust a Patrol Sergeant's work schedule due to staffing issues, no such modification will be conducted without first notifying the affected Sergeant a minimum of 10 days prior to the schedule adjustment. There may be an exception to the minimum schedule change notice if the affected Sergeant is an agreement to an immediate change in his/her work schedule. Section 5: Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. A shift trade must be pre-approved by a supervisor. The trade must be due to the employee’s desire or need to attend to a personal matter and not due to the department’s operations. The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. If one individual fails to appear for the other (regardless of the reason), the person who was scheduled as a result of the shift trade will be listed as absent without leave and may be subject to discipline. Any premium pay or other extra compensation shall continue to accrue only to the person originally entitled to the premium pay or extra compensation. Any hours worked beyond the normal work day will be credited to the individual actually doing the work. “Paybacks” of shift trade are the obligation of the two employees involved in the trade. “Paybacks” are to be completed within one (1) calendar year of the date of the initial shift trade. Any dispute as to the “paybacks” is to be resolved by the involved employees, and under no 39 circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and “paybacks’ shall be maintained by the involved employees on forms provided by the Department. Section 6: Early Relief The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief; nor shall the employee relieved early have his/her compensable hours decreased as a result of the early relief. “Paybacks” of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the Department be obligated for any further compensation whatsoever to any of the involved employees. The Department is not responsible in any manner for hours owed to employees by other employees who leave the employment of the City or are assigned other duties. Section 7: Staffing The City agrees, at the minimum, to meet and discuss any newly budgeted sworn position to determine special assignment pay, as appropriate. 40 ARTICLE NINE GRIEVANCE PROCEDURE GRIEVANCE DEFINITION A grievance shall be defined as an allegation by an employee or the Association of a misinterpretation, misapplication or violation of a particular provision of this MOU, City policy, rule or past practice. The grievance procedure shall not be used in connection with an impasse in collective bargaining, nor with disciplinary actions or other matters for which appeal procedures exist under the Discipline and Disciplinary Actions article herein, or pursuant to statute. DAYS Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Step One - Immediate Supervisor Within fifteen (15) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Association shall initiate the grievance procedure by explaining the situation orally or in writing to the immediate supervisor of the affected employee(s). The Association and/or employee(s) waives the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present his/her decision, in writing, to the Association and employee(s) within five (5) days. Step Two - Department Head If the Association or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the Chief of Police within ten (10) days of the decision of the immediate supervisor. The Association and/or employee(s) waives the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within five (5) days, the Chief of Police, or the designee of the Chief of Police, shall meet with the Association and employee(s) to hear the grievance. Within five (5) days of hearing the grievance, the Chief of Police or designee shall present his/her decision, in writing, to the Association and employee(s), with copies to the Human Resource Director and the City Administrator. Step Three - City Administrator/Advisory Arbitration 41 If the Association or employee(s) is not satisfied with the result of the meeting with the Chief of Police, the grievant may request the matter be heard by the City Administrator or designee, or the Association may choose to have the matter heard by an impartial hearing officer (arbitrator). Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Association and/or employee(s) within eight (8) days of receipt of the grievant’ s written notice. If the Association and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Association and/or employee(s) waives the right to have the matter heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide his/her decision, in writing, to the Association and employee(s). The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. If the Association elects arbitration, costs of the arbitration shall be shared equally between the Association and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If only one party wishes to retain a court reporter, the requesting party shall bear the cost of said reporter. If the Association elects arbitration, the City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the Association’s request. If the parties are unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall provide his/her decision, in writing, to the Association and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. 42 All time limits specified in the foregoing procedure may be waived only by mutual written agreement. 43 ARTICLE TEN DISCIPLINE & DISCIPLINARY APPEALS PROCEDURE A. DISCIPLINARY ACTIONS The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee’s personnel file. Progressive discipline will be used; however, this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. The procedures herein shall be followed when, in the judgment of the Chief of Police, an employee has committed an act or omission that justifies discipline. The Chief of Police or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee’s performance evaluation as “does not meet standards” may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee’s personnel file. Upon the City receiving authorization from the employee, the City will provide the Association with all written notices of discipline given to employees represented by Association. The written notice of discipline will also inform the employee that he/she has the right to consult with the Association with regard to the disciplinary action being taken. Nothing in this article shall preclude the Chief of Police or his/her designee from ordering a public safety officer to cooperate with other agencies involved in criminal investigations, except where the public safety officer may be the focus of the investigation. If an officer fails to comply with such an order, the officer may be officially charged with insubordination. 44 B. VERBAL OR WRITTEN REPRIMAND PROCEDURES/APPEALS Any sworn employee having received a verbal or written reprimand shall be entitled to the following appeal procedure; this will be the sole and exclusive procedure afforded to employees for appealing disciplinary action consisting of a written reprimand or less. Subsection (D) (Pre- Disciplinary Procedures), and Subsection (E) (Disciplinary Appeal Procedures), herein shall not apply to disciplinary action consisting of a verbal or written reprimand. This appeal process shall not be applicable to performance evaluations. Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Within ten (10) days of the employee’s receipt of the verbal or written reprimand, the employee may request in writing a meeting with the supervisor who issued the reprimand. Failure to request a meeting within ten (10) days will constitute a waiver of the employee’s right to respond. The employee’s appeal may be made verbally or in writing. After the meeting or receipt of the employee’s written appeal, the supervisor will have ten (10) days to respond to the employee in writing. If the matter is not resolved to the affected employee’s satisfaction, the employee may seek review of the supervisor’s decision by submitting a written request to the Chief of Police or his/her designee within ten (10) days of receipt of the supervisor’s decision. The determination of the Chief of Police or his/her designee is final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. C. PRE-DISCIPLINARY PROCEDURES Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed: Written Notice of Proposed Action Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered. 45 Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Employee Response/Pre-Disciplinary Conference The notice of proposed action shall state the date by which the employee must exercise the right to respond orally, in writing or both orally and in writing. This represents the pre-disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be fewer than ten (10) days. This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee’s version of the facts or new information raises doubts as to the accuracy of the City’s information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee’s response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee’s formal appeal rights shall be stated. Emergencies When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself, the employee may be suspended for up to five (5) days pending the processing of the notices required in Section C of this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or 46 allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. D. DISCIPLINARY APPEAL PROCEDURES Major Discipline Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of three (3) days or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands. An employee desiring to appeal the discipline shall have ten (10) days after receipt of proposed notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Department. The Human Resources Department shall date stamp the employee’s appeal to verify the timeliness of the appeal. If, within the 10 day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows: 1. The employee shall submit a written request to the Human Resources Department for advisory arbitration to the City Administrator or designee. The City and Association will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness(es) and staff time. 2. The City shall request a list of seven (7) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon source within ten (10) days of the employee’s request. If the parties are unable to agree on an arbitrator from that list, an arbitrator will be selected by the parties alternately striking names from the list until only one (1) name remains. 3. The selected arbitrator shall serve as the hearing officer. 47 4. All arbitration proceedings arising under this procedure shall be governed by the provisions of Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the California Government Code. 5. All time limits specified in the procedure may be waived by mutual written agreement. 6. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and the employee. Within eight (8) days of receiving the arbitrator’s findings, the City Administrator shall provide his/her decision, in writing, to the employee. The City Administrator’s decisions shall set forth which charges, if any, are sustained and the reasons therefor. The opinion shall set forth findings of fact and conclusions. The City Administrator’s decision is final, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. Minor Discipline Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. This appeal process shall not apply to probationary employees. If the issue cannot be resolved between the employee and the supervisor, the employee may, within ten (10) days from receiving notice of the proposed discipline, request and be granted an interview with the Chief of Police or his/her designee in order to discuss the appeal. The Chief of Police or designee shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Chief of Police and employee are unable to arrive at a satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by the Chief of Police, submit a written appeal to the City Administrator or designee. The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or designee shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision of the City Administrator shall be final and binding, subject to the option of the employee to bring a proceeding pursuant to Code of Civil Procedure sections 1094.5 and 1094.6. 48 ARTICLE ELEVEN MANAGEMENT RIGHTS The City retains all its exclusive rights and authority under State and Federal law and expressly and exclusively retains its management rights, which include, but are not limited to: A. The exclusive right to determine the mission of its constituent departments, commissions, and boards. B. Set standards and levels of service. C. Determine the procedures and standards of selection for employment and promotions. D. Direct employees. E. Establish and enforce dress and grooming standards. F. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons. G. Maintain the efficiency of governmental operations. H. Determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted. I. Determine the content and intent of the job classifications. J. Determine methods of financing. K. Determine style and/or types of city-issued wearing apparel, equipment or technology to be used. L. Determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. M. Determine and change the number of locations, relocations and type of operations processes and materials to be used in carrying out all city functions, including, but not limited to, the right to contract for or subcontract any work or operations of the City. N. Assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice. 49 O. Establish and modify productivity and performance programs and standards. P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable state law. Q. Establish employee performance standards including, but not limited to, quality and quantity standards, and to require compliance therewith. R. Take all necessary actions to carry out its mission in emergencies. S. Exercise complete control and discretion over its organization and the technology of performing its work. The exercise of such rights shall not preclude employees or their representatives from meeting and conferring or meeting and consulting, as required by law, with management representatives. 50 SIGNATURE PAGE CITY OF VERNON VERNON POLICE OFFICERS BENEFIT ASSOCIATION Carlos R. Fandino, Jr. Gustavo Herrera City Administrator / “MERR” Vice President ______________________________ ______________________________ Michael Earl Lorenzo Gaytan Director of Human Resources Negotiating Committee _____________________________ ______________________________ Ana K. Rueda Jose Ramos Human Resources Analyst Board Member/Negotiating Committee ______________________________ Robert Todd Attorney APPROVED AS TO FORM: ______________________________ Zaynah Moussa Senior Deputy City Attorney APPROVED AND ADOPTED BY THE CITY COUNCIL ON , PER RESOLUTION NO. . ATTEST: Dated:________________________ Deborah Harrington Interim City Clerk City Council Agenda Item Report Agenda Item No. COV-350-2019 Submitted by: Michael Earl Submitting Department: Human Resources Meeting Date: August 6, 2019 SUBJECT A Resolution of the City Council of the City of Vernon Approving the Memorandum of Understanding by and between the City of Vernon and the Teamsters Local 911 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 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 attached resolution approving the 2019-2022 Memorandum of Understanding by and between the City of Vernon and the Teamsters Local 911. Background: The existing memoranda of understanding (MOU's) between the City of Vernon and the City's six bargaining groups expired June 30, 2019. Pursuant to City Council direction and authority, negotiations with all six bargaining groups began in March 2019. Labor negotiations with Teamsters Local 911, representing a variety of technical, maintenance, and administrative City staff, have been ongoing since February 28 2019 for successor MOU's. On July 9, 2019, the parties reached a tentative agreement on a successor MOU which was then ratified by the Teamsters membership on July 18, 2019. Based on the direction and authority provided by the City Council, it is recommended that City Council approve a successor Memorandum of Understanding for the period of July 1, 2019 through June 30, 2022 that reflects the following key provisions: * The term of the agreement is for three (3) years from July 1, 2019 through June 30, 2022 * Revisions to the Organizational Security language to reflect court rulings that have changed membership, dues, and fee requirements for employees represented by labor organizations. * A three percent (3%) Cost of Living Adjustment to salaries (COLA) effective in July of each year during the term of the agreement * Employees who are considered to be "Classic" employees as defined by the California Public Employees Retirement Systems (CalPERS) will increase the amount paid towards the cost of their retirement benefit by an additional one percent (1%) per year for a total contribution of eleven percent (11%) by the third year of the agreement * Various minor language changes to update and or eliminated outdated or obsolete language that is either no longer in effect or required update to reflect current practices. The changes from the previous MOU are highlighted in the attached proposed draft 2019 - 2022 MOU. Fiscal Impact: The fiscal impact of these proposed changes is approximately $203,004 for fiscal year 2019/2020. Funds have been included in the proposed FY 2019/2020 budget. ATTACHMENTS 1. Resolution - Teamsters MOU 2019-2022 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF VERNON AND TEAMSTERS LOCAL 911 FOR THE PERIOD OF JULY 1, 2019 THROUGH JUNE 30, 2022 WHEREAS, the Teamsters Local 911 (“Teamsters”) has been recognized as an employee organization pursuant to Resolution No. 4027; and WHEREAS, on July 12, 2016, the City Council of the City of Vernon adopted Resolution No. 2016-40, approving a Memorandum of Understanding by and between the City and Teamsters for the period of July 1, 2016 through June 30, 2019 (“2016-2019 MOU”); and WHEREAS, on November 6, 2018, the City Council of the City of Vernon adopted Resolution No. 2018-43, approving the Amendment No. 1 to the 2016-2019 MOU relating to the Gas Line Training Program; and WHEREAS, the City and Teamsters have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2019 through June 30, 2022; and WHEREAS, representative members of Teamsters and the City have agreed to execute a Memorandum of Understanding setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by Teamsters, for the period of July 1, 2019 through June 30, 2022 (“2019-2022 MOU”); and WHEREAS, the City Council desires to approve the 2019-2022 MOU. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby - 2 - finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (“CEQA”) 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. SECTION 3: The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and Teamsters Local 911, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the 2019-2022 MOU attached herein. SECTION 5: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk’s designee, to send a fully executed 2019-2022 MOU to Carlos Rubio, Senior Business Representative of Teamsters Local 911. / / / / / / / / / / / / / / / / / / / / / - 3 - SECTION 6: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk of the City of Vernon shall cause this resolution and the Interim City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of August, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney - 4 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2019, at Vernon, California. Deborah Harrington, Interim City Clerk (SEAL) EXHIBIT A MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND TEAMSTERS LOCAL 911 July 1, 201916 through June 30, 202219 2 TABLE OF CONTENTS MEMORANDUM OF UNDERSTANDING Preamble ............................................................................................................................... 6 ARTICLE ONE: FUNDAMENTALS Section 1: Recognition ............................................................................................... . 7 Section 2: No Discrimination ....................................................................................... 7 Section 3: No Strikes or Lockouts ................................................................................. 7 Section 4: Layoffs .......................................................................................................... 7 Section 5: City/Union Meetings ................................................................................ .. 7 Section 6: Union Business ............................................................................................ 7 Section 7: Management Rights ...................................................................................... 9 Section 8: Contracting Out ............................................................................................. 11 Section 9: Employee Rights ........................................................................................... 11 ARTICLE TWO: LEGAL LIMITATIONS, SAVINGS CLAUSE& TERM Section 1: Legal Limitations and Savings Clause ........................................................ . 12 Section 2: Term ............................................................................................................. .12 Section 3: Modification and Waiver ............................................................................... 12 ARTICLE THREE: ORGANIZATIONAL SECURITY Section 1: Organizational Security ................................................................................. 13 ARTICLE FOUR: COMPENSATION Section 1: Salaries .......................................................................................................... 15 Section 2: Acting Pay ..................................................................................................... 16 Section 3: Bilingual Pay ................................................................................................. 16 Section 4: Certification Pay ............................................................................................ 16 3 Section 5: Longevity Pay ................................................................................................ 19 Section 6: Merit Steps ................................................................................................... 20 Section 7: Premium Pay .............................................................................................. . 21 Section 8: Training and Recertification Time ................................................................ 22 ARTICLE FIVE: OVERTIME Section 1: Overtime Authorization ................................................................................. 23 Section 2: F.L.S.A. Overtime ......................................................................................... 23 Section 3: Compensatory Time ..................................................................................... . 23 Section 4: Call Backs ................................................................................................... . 24 Section 5: Holdover Pay ................................................................................................. 24 ARTICLE SIX: UNIFORMS & SAFETY FOOTWARE ALLOWANCE Section 1: Uniforms & Safety Footwear Allowance..................................................... . 25 ARTICLE SEVEN: HEALTH AND WELFARE BENEFITS Section 1: Medical .......................................................................................................... 26 Section 2: Cafeteria Plan ................................................................................................. 26 Section 3: Dental ......................................................................................................... .. 26 Section 4: Vision ............................................................................................................ 27 Section 5: Life Insurance ................................................................................................ 27 Section 6: Deferred Compensation ................................................................................. 27 Section 7: Other City Employee Programs ................................................................... . 27 ARTICLE EIGHT: RETIREMENT Section 1: P.E.R.S. ........................................................................................................ 29 Section 2: Supplemental P.E.R.S. Retirement Benefits .................................................. 29 Section 3: Retiree Medical .............................................................................................. 29 ARTICLE NINE: HOLIDAYS 4 Section 1: Holidays ....................................................................................................... . 31 Section 2: In-Lieu Holidays ............................................................................................ 31 ARTICLE TEN: VACATION Section 1: Vacation Leave. .............................................................................................. 33 Section 2: Vacation Accumulation .................................................................................... 33 Section 3: Scheduling of Vacation ..................................................................................... 34 ARTICLE ELEVEN: SICK LEAVE Section 1: Sick Leave. ....................................................................................................... 35 ARTICLE TWELVE: LEAVE BENEFITS Section 1: Jury Duty ......................................................................................................... 36 Section 2: Bereavement Leave ........................................................................................... 36 ARTICLE THIRTEEN: WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions ......................................................................................................... 38 Section 2: 4/10 Work Schedule .......................................................................................... 38 Section 3: Work Schedule .................................................................................................. 38 Section 4: Standby Policy .................................................................................................. 38 ARTICLE FOURTEEN: GRIEVANCE PROCEDURE Grievance Procedure ................................................................................................................. 41 ARTICLE FIFTEEN: DISCIPLINE PROCEDURE Discipline Procedure ................................................................................................................. 44 ARTICLE SIXTEEN: JOINT LABOR MANAGEMENT COMMITTEE Joint Labor Management Committee ........................................................................................ 48 5 SIGNATURE PAGE Signatures ............................................................................................................................ ….49 6 MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF VERNON AND TEAMSTERS LOCAL 911 (TEAMSTERS) PREAMBLE This Memorandum of Understanding (hereinafter referred to as “MOU”) is entered into by and between the City of Vernon (hereinafter referred to as “City”) and the California Teamsters, Public, Professional and Medical Employees Union, Local 911, affiliated with the International Brotherhood of Teamsters (hereinafter referred to as the “Union”). It is the purpose of this MOU to promote and provide for harmonious relations, cooperation, and understanding between Management and the Employees covered by this MOU. This MOU is entered into with reference to the following facts: A. Representatives of management for the City of Vernon (hereafter “City”) and representatives of Teamsters Local 911 (hereafter “Union”) have met and conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment of employee-members represented by the Union. B. The management representatives and the representatives of the Union have reached an understanding as to recommendations to be made to the City Council for the City of Vernon and to the membership of the Union. C. This MOU incorporates, contains, and represents all of the terms and conditions agreed upon by both parties as of the date this agreement is ratified. 7 ARTICLE ONE FUNDAMENTALS Section 1: Recognition The City recognizes the California Teamsters, Public, Professional, and Medical Employees Union, Local 911 (“Union”) as the certified majority representative of the employees, comprised of Addendum A, as the exclusive representative of the employees for purposes of collective bargaining for all terms and conditions within this Memorandum of Understanding. Section 2: No Discrimination The provisions of this Memorandum of Understanding shall be applied equally to all employees covered hereby. Neither the City nor the Union shall discriminate against any individual or employee with respect to his/her compensation, terms, condition, or privileges of employment or because of an individual’s race, color, sex, religion, national origin, age, marital status, disability, pregnancy, sexual orientation, political or religious opinions or affiliations, or membership or non- membership in the Union. The City and Teamsters agree that the City’s policies set forth in the City of Vernon’s Personnel Policies and Procedures Manual and the Administrative Manual shall be applied in a non- discriminatory manner as prohibited by state and federal anti-discrimination, anti-harassment and whistleblower laws. Employees shall not be subject to intimidation, retaliation, coercion, or discrimination for exercising their rights under these policies. Section 3: No Strikes or Lockouts During the life of this agreement no work stoppages, strikes, or slowdowns shall be caused or sanctioned by the Union, and no lockouts shall be made by the City. Section 4: Layoffs In accordance with the Meyers-Milias Brown Act, the City and the Union shall meet and confer on the effect of its actions to layoff. This will occur prior to implementation of layoffs, except in emergency circumstances wherein the City Council declares a fiscal emergency pursuant to Article II, Chapter 2.2 of the City of Vernon City Charter. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights to layoff. Section 5: City/Union Meetings Representatives from the Union and the City shall meet as needed to discuss issues of mutual 8 concern. Section 6: Union Business A. Use of Bulletin Boards The City shall provide the Union designated bulletin boards where employees will have access during regular business hours, subject to the following conditions: 1. All Postings for bulletin boards must contain the date of posting and the identification of the Union, and 2. Union will not post information, which is defamatory, derogatory, or obscene, subject to the immediate removal of the right to post for a period not to exceed ninety (90) days. 3. The City will provide separate bulletin boards for the exclusive use of the Union at the following locations: A. Lunchroom in the City Yard. B. Communications Center in Police Department. C. West wing lunchroom on the second floor of City Hall. D. South wing lunchroom on the second floor of City Hall. E. Lunch room on the third floor of City Hall. B. Access to Facilities Except as specifically identified in Section D below, all Union business will be conducted by employees and Union representatives outside of established work hours. Nothing herein shall be construed to prevent a Union representative or an employee from contacting the Human Resources Director or other management representatives regarding personnel related matters during work hours. The authorized Union Business Agent shall be given access to work locations during working hours provided that prior to visiting any work location the Union representative shall: Obtain authorization for the visit from the Human Resources Director or designee. In the event the requested time and/or location of such visit by the Union Business Agent is denied because it would interfere with the operations of the department, the Human Resources Director or designee shall consult with the Union Business Agent regarding availability and set an alternative time and/or location for such visit within seventy-two (72) hours of the request. The Union may schedule meetings in the City facilities at such times these facilities are not in use by submitting a written request to the Human Resources Director or designee, which shall include the date, time, and number of people expected. Approval will be granted in the same manner as it is granted to other organizations. C. Shop Stewards 9 The City agrees to recognize up to five (5) Stewards appointed by the Union. One of the five (5) shall be appointed by the Union as the Chief Steward. The Union shall notify the City in writing of the names and departments of each Steward and Chief Steward. D. Union Business The Chief Steward and Stewards shall be allowed release time during their regular work hours to conduct Union related business as necessary provided it does not unreasonably interfere with the Stewards’ and/or employees’ regular work duties. If a Steward must leave his/her work location to conduct Union related business, he/she shall first obtain authorization from his/her supervisor to do so. Authorization to leave will be granted unless such absence would be unreasonable. If such authorization cannot be granted promptly, the Steward will be informed when time can be made available. To the extent reasonable and compatible with City operational needs, such time will not be more than forty-eight (48) hours, excluding scheduled days off and/or legal holidays, after the time of the Steward’s request unless otherwise mutually agreed upon. For purposes of this section, “Union Business” shall include grievance investigations, meetings with management called by management or the Chief Steward/Steward, investigatory meetings where an employee has requested a Steward, contract/MOU negotiations, meetings with Human Resources involving personnel or labor relations matters, council meetings, health insurance committee meetings, and meetings of any other committees established by the City that involve matters directly pertaining to the bargaining unit with regard to said committees. Any Steward seeking leave time for Union business for tasks not listed in this section shall obtain authorization from the Human Resources Director or designee. The City agrees to allow all employees of the bargaining unit paid release time to attend a Union meeting on site at the City up to twice per year, up to one (1) hour per meeting. The City agrees to release up to five (5) Stewards per year to attend a one (1) day Union sponsored Steward seminar located in Southern California. The Union shall provide the City at least ten (10) calendar days prior written notice of the request to release the Stewards for the seminar. Such request shall include the date and start/end time of the seminar. City vehicles may be made available upon request subject to availability and the City’s vehicle use policy. Release time as provided for in any of the above sections shall not result in the City incurring any overtime. E. Union Participation in New Employee Orientation A Teamsters Local 911 representative(s) shall be notified of new employee orientations and shall be allowed to make a presentation to new hires for the sole purpose of providing employees with information regarding Teamsters Local 911 during City Hall hours. Section 7: Management Rights The City retains all of its exclusive rights and authority under Federal and State Law and the City Code, and expressly and exclusively retains its management rights, which include, but are not limited to: 10 A. The exclusive right to determine the mission of its constituent departments, commissions, and boards; B. Set standards and levels of service; C. Determine the procedures and standards of selection of employment and promotions; D. Direct its employees; E. Establish and enforce dress and grooming standards as outlined by City Management in writing; F. Determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; G. Maintain the efficiency of government operations; H. Determine the methods, means numbers, and kinds of personnel by which government operations are to be conducted; I. Determine the content and intent of job classifications; J. Determine methods of financing; K. Determine style and/or types of City issued wearing apparel, equipment, or technology to be used; L. Determine and/or change facilities, methods, technology, means, organizational structure, size, and composition of the work by which the City operations are to be conducted; M. Determine and change the number of locations and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operations of the City; N. To assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; O. Establish and modify productivity and performance programs and standards; P. Discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with applicable laws and with the provisions of this MOU, including without limitation Article II, Section 6 – Probationary Period and 9 – Disciplinary Actions; Q. Take all necessary actions to carry out its mission in emergencies; and 11 R. Exercise complete control and discretion over its organization and the technology of performing its work. The Union and City agree that if the City’s exercise of these rights impacts wages, hours, or terms and conditions of employment, the City will meet and confer on the effect of its actions. This will occur prior to implementation except in emergency circumstances as defined in law. The agreement to meet and confer over the effect of the exercising of a City right shall not in any way impair the right of the City to exercise and implement any of its rights. Section 8: Contracting Out: The City and the Union share a common interest in maintaining the stability and the security of the City’s workforce. As such, the City agrees to notify the Union prior to any decision to contract with an outside party if such contracting out will have a significant, long-term impact on work performed by employees in classifications represented by the Union. Such notification will be given before a decision to contract out is made, and the Union will have an opportunity to comment prior to a determination by the City to enter into contracting arrangements. If such contracting out will result in potential layoff of any unit member(s), the City shall meet and confer over the impact and effect such contracting out will have on the membership. This provision shall not apply to contracts already established at the time this MOU is adopted. Section 9: Employee Rights The City and Union mutually recognize and agree to fully protect the rights of all employees covered by this MOU to join and participate in the activities of the Union and corresponding rights of covered employees to refrain from joining and participating in the activities of the Union. The City agrees that no employee shall be interfered with, intimidated, restrained coerced or discriminated against because of the exercise of these rights. 12 ARTICLE TWO LEGAL LIMITATIONS, SAVINGS CLAUSE, AND TERM Section 1: Legal Limitations and Savings Clause It is understood and agreed that this Memorandum of Understanding (including, but not limited to, the provisions of the Fair Labor Standards Act) and any and all Resolutions or Ordinances adopted in implementation thereof are and shall be subject to all present and future applicable federal and state laws and regulations and shall be effective and implemented only to the extent permitted by such laws and regulations. If any part of this Memorandum of Understanding or of any Resolution or Ordinance adopted in implementation thereof is in conflict or inconsistent with any such applicable provisions of federal and state laws or regulations or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded, and such applicable laws and regulations and the remainder of this Memorandum of Understanding shall not be affected thereby and shall remain in full force and effect. Section 2: Term (a) Except as otherwise provided herein, this Memorandum of Understanding shall be in full force and effect from July 1, 20196, and shall remain in full force and effect up to and including midnight, the 30th day of June 202219 or until the next Memorandum of Understanding becomes effective. (b) This Memorandum of Understanding shall be binding on the City and the Union when approved and adopted by the City Council. The City and the Union agree to submit proposals for any changes related to wages, benefits and/or other terms of and conditions of employment affecting this Memorandum of Understanding between February 1, 202219 and March 15, 202219. Section 3: Modification and Waiver The Union and the City hereby agree that no changes in this MOU regarding the hours or other conditions of employment of employees in the classification represented by the Union that would take effect prior to the expiration of the MOU shall occur, unless both parties mutually agree to such changes. The City reserves the right to add to, delete from, amend, or modify the Administrative rules, the City Municipal Code, and the City’s Personnel Policies and Procedures Manual during the term of the Memorandum of Understanding, subject to the requirements of the Meyers-Milias-Brown Act. 13 ARTICLE THREE ORGANIZATIONAL SECURITY Upon receipt of written certification from the Union of an employee’s voluntary authorization for the deduction, the City shall deduct and remit to the Union the Union’s initiation fee and periodic dues for members of the Union. Should there be a dispute regarding the existence or terms of the authorization for deduction of dues and/or fees, the Union shall provide the City with a copy of the authorization(s) signed by the employee. Upon the voluntary written authorization of bargaining unit employees, the City shall deduct and remit to the Union the Union's initiation fee and periodic dues for members of the Union. Any unit member who is not a member of the Union, or who does submit an application for membership within thirty (30) days following the effective date of this paragraph, or, for those hired after the effective date of this paragraph, within thirty (30) days from the commencement of duties, shall become a member of the Union or, if approved by the Union membership as governed by the Meyers-Milias Brown Act, pay to the Union a fee in an amount equal to the Union's periodic dues: provided, however, that the unit member may authorize payroll deductions for such fee in the same manner as provided in the paragraph above. Dues and/or fees withheld by the City shall be transmitted to the Union Officer designated in writing by the Union as a person authorized to receive such funds, at the address specified. Dues and/or fees shall be deducted from the first and second paycheck of each month and remitted to the Union by the last business day of the month. The parties agree that the obligations herein are a condition of continued employment for unit members. The parties further agree that the failure of any unit-member to remain a member in good standing of the Union or to pay the equivalent of Union dues during the term of this agreement shall constitute, generally, just and reasonable cause for termination. The City shall not be obligated to put into effect any new, changed or discontinued deduction until a pay period commences fifteen (15) working days or more after such submission. No unit member shall be required to join the Union or to make an agency fee payment if the unit member is an actual verified member of a bona fide religion, body, or sect which has historically held conscientious objections to joining or financially supporting employee organizations; this exemption shall not be granted unless and until such unit member has verified the specific circumstances. Such employee must, instead, arrange with the Union to satisfy his/her obligation by donating the equivalent amount to one of the following non religion charitable fund, tax exempt under section 501(c)(3) of the Internal Revenue Code, chosen by the employee:  United Way  City of Hope  Los Angeles Regional Food Bank Whenever a unit member shall be delinquent in the payment of dues or fees, the Union shall give the unit member written notice thereof and fifteen (15) days to cure the delinquency; a copy of said 14 notice shall be forwarded to the Human Resources Department.. In the event the unit member fails to cure said delinquency, the Union shall request, in writing, that the City initiate termination proceedings. The termination proceedings shall be governed by applicable state laws and are specifically excluded from the Grievance/Appeal/Arbitration procedures. The City shall not deduct money specifically earmarked for a PAC or other political activities unless such deduction is affirmatively, separately and specifically authorized in writing by the unit member. The Union shall keep an adequate itemized record of its financial transactions and shall make available annually to the City and, upon request, to the employees who are members of the unit, within sixty (60) days after the end of its fiscal year, a detailed written financial report in the form of a balance sheet and an operating statement, certified as to accuracy by its president and treasurer or principal officer, or by a certified public accountant. A copy of financial reports required under the Labor-Management Disclosure Act of 1959, or Government Code section 3546.5, shall satisfy this requirement. The Union shall provide protection to the City by indemnifying, defending and holding the City harmless from and against all claims and liabilities as a result of any loss, claim, liability or cause of action arising out of the operation of this article. The Union will defend, indemnify and hold harmless the City of Vernon from any loss, claim, liability or cause of action arising out of the operation of this article. Upon commencement of any such legal action, the Union shall have the right to decide and determine litigation, settlement, and/or appeal strategy. Any such decision on the part of the Union shall not compromise or diminish the Union’s indemnification obligations under this agreement. The City, immediately upon receipt of notice of such legal action shall inform the Union of such actions, provide the Union with all information, documents, and assistance necessary for the Union's defense or settlement of such action and fully cooperate with the Union in providing all necessary witnesses, experts and assistance necessary for such defense. The Union, upon compromise or settlement of such action, shall immediately pay the parties to such action all sums due under such settlement of compromise. The Union, upon final order and judgment of a court or administrative body of competent jurisdiction awarding damages to any prevailing party, shall pay to such party all sums owing under such order and judgment. 15 ARTICLE FOUR COMPENSATION Section 1: Salaries A. Effective July 10, 2016, each employee represented in the Union shall be placed within the proposed grade and step pay plan as a result of the City wide classification and compensation study based upon the 75th percentile, at the grade and step that is closest to but not less than his/her current base salary. B. If the parties are unable to finalize all compensation and classification studies by July 1, 2016, the parties agree to finalize the studies no later than January 1, 2017 and those employees who are entitled to a change in their compensation shall have such change retroactively implemented to July 10, 2016. The parties further agree that if they are unable to reach agreement regarding the classification and compensation studies, those disputes shall be submitted to the City Administrator for final determination. Any retroactive implementation of the compensation and classification study shall not impact an employees’ receipt of the salary adjustment in Section (C) below. C. Employees whose salaries are above the maximum recommended grade and step plan shall be Y-rated and their respective salaries frozen for the time period during which their salaries exceed their maximum grade and step. It is understood by the parties that y-rated employees’ salaries may come out of y-rating upon the implementation of the salary adjustments provided in Sections (E), (F), (G) and (H) below. D. Notwithstanding Section (B), employees in the Senior Environmental Specialist classification since July 1, 2014 or earlier shall be grandfathered into the classification’s previously applied salary schedule. All merit increases due to each Senior Environmental Specialist shall be based on the grandfathered salary schedule. Employees in the Senior Environmental Specialists classification since July 1, 2014 or earlier shall not be eligible for the three (3) salary adjustments set forth in subsection (E), (F), and (G) below. E.A. Notwithstanding Section (B), Eeffective July 10, 2016 (the first day of the first full pay period in July 2019 Fiscal Year 2016-2017), the base salary ranges for the represented classifications employees represented in the Union (excluding Y-rated employees, and employees in the Senior Environmental Specialist classification since July 1, 2014 or earlier) shall be increased three percent (3%). receive a fivertwo percent (52.0%) salary adjustment increase. F.B. Notwithstanding Section (B), Eeffective July 9, 2017 (the first day of the first full pay period in in July 202019Fiscal Year 2017-2018), the base salary ranges for the represented classifications employees represented in the Union (excluding Y-rated employees and employees in the Senior Environmental Specialist classification since July 1, 2014 or earlier) shall be increased three percent (3%).receive a two percentfive percent (52.0%) salary adjustment increase. 16 G.C. Notwithstanding Section (B), Eeffective July 8, 2018 ( the first day of the first full pay period in in July 20210Fiscal Year 2018-2019), the base salary ranges for the represented classificationsemployees represented in the Union (excluding Y-rated employees and employees in the Senior Environmental Specialist classification since July 1, 2014 or earlier) shall be increased three percent (3%). receive a two five percent (52.0%) salary adjustment increase. H.D. The City agrees that if other bargaining units, or unrepresented employees in the management or confidential classifications, receive a salary adjustment increase of more than two three percent (32%) annually during the term of this Agreement, it shall provide the same salary adjustment to employees represented by the Union. The City further agrees that if it provides salary adjustments for any y-rated employee as part of any negotiated agreement with any other bargaining unit or for any unrepresented employees in the management and confidential classifications, the City shall provide the same salary adjustment to y-rated employees represented by the Union. Section 2: Acting Pay Employees who are assigned for six weeks or more to a higher position in an acting status during the absence of an incumbent, or to fill a vacancy until the vacancy can be filled by appointment, shall be eligible for Acting Pay. If all the conditions listed in Personnel Policy I-4, Acting/Interim Appointments have been satisfied the employee shall be compensated at either the beginning step of the higher classification, or 5% higher than he/she normally receives, whichever is greater, during the period of time that the employee is assigned to the higher position. The employee must serve a minimum of 80 consecutive hours in the higher classification to be compensated at the higher rate. This compensation shall be retroactive to the first hour of the acting/interim appointment. Claims for acting/interim pay will not be honored beyond six months from the end of the acting/interim appointment. Please refer to Personnel Policy and Procedures I- 4 Acting/Interim Appointments for specific details. Section 3: Bilingual Pay An employee shall be compensated for bilingual pay if his/her regular job duties provide for interaction with the public on a regular basis. Employee must demonstrate proficiency in speaking Spanish (the ability to read and write in Spanish may also be tested if necessary). Proficiency would be determined by successful completion of a proficiency test administered by an agency or vendor approvedas determined by the Director of Human Resources Department. Those employees who successfully demonstrate this skill would be eligible to receive an additional $125.00 per month for bilingual pay. Employees receiving bi-lingual pay as of July 1, 2014 shall be grandfathered into the City’s previous policy. 17 Section 4: Certification Effective July 1, 2016, aAn employee shall be eligible, to receive certificate pay in the amount of 2.5% of the employee’s base rate of pay for possession of a maximum of one (1) of the below certificates within his/her respective classification. Employees shall be required to annually submit eligibility documentation upon request by the Human Resources Department. The Human Resource Department shall confirm that eligible certifications are not required as part of his/her respective classification. Employees who have received the certificateion pay during the term of the prior Agreement shall continue to be eligible to receive the certification certificate pay during the term of this Agreement. Employees hired or promoted into a classification for which a certification is required as part of the minimum qualifications as set forth in the job description, shall not be entitled to receive certificate pay CLASSIFICATION CERTIFICATE PAY As designated by the City Administrator Notary Public - Employees designated by the City Administrator to perform notary public services on behalf of the City Electrical Inspector ICC – Building Inspector and Safety Assessment Program (SAP) Evaluator (Both certificates required) ICC – Plumbing Inspector UPC ICC – Mechanical Inspector UMC Certified Access Specialist - CASP (Only 2 employees eligible in the inspector classification series) Professional Electrical Engineer Associate Engineer Professional Engineer (Traffic, Geotechnical) – Only one Traffic, Geotechnical and Land Surveyor certificate required for the entire engineering series Professional Land Surveyor Engineering Aid Certified Landscape Auditor (Water position only) Backflow Tester Certificate (Water position only) Facilities Maintenance Worker, Lead Class B Commercial Driver’s License Public Works Degree/Certificate Facilities Maintenance Worker, Senior Class B Commercial Driver’s License Public Works Degree/Certificate Mechanic, Lead Class B Commercial Driver’s License 18 Welding Certification (Only one welder certification required in the mechanic classification series) Mechanic, Senior Class B Commercial Driver’s License Welding Certification (Only one welder certification required in the mechanic classification series) Mechanic Class B Commercial Driver’s License Welding Certification (Only one welder certification required in the mechanic classification series) Senior Building Inspector ICC – Electrical Inspector ICC- Plumbing Inspector UPC ICC –Mechanical Inspector Certified Access Specialist - CASP (Only 2 employees eligible in the inspector classification series) Professional Engineer (Civil, Structural, or Geotechnical) Plumbing and Mechanical Inspector ICC –Building Inspector and Safety Assessment Program (SAP) Evaluator Both certificates required ICC – Electrical Inspector Certified Access Specialist - CASP (Only 2 employees eligible in the inspector classification series) Professional Mechanical Engineer Project Engineer Professional Engineer (Traffic, Geotechnical) Professional Land Surveyor – (Only one employee with a traffic, geotechnical or land survey license required in the engineering series). Certified Professional Storm Water Quality, Qualified SWPP Developer or Qualified SWPPP Street Maintenance Worker, Senior Class B Commercial Driver’s License Public Works Degree/Certificate Pesticide Applicator Certification (Up to two employees rotated annually) Street Maintenance Worker Class B Commercial Driver’s License 19 Pesticide Applicator Certification (Up to two employees rotated annually) Lead Water & Street Maintenance WorkerStreet Maintenance Worker, Lead Class B Commercial Driver’s License Pesticide Applicator Certification (Up to two employees rotated annually) Public Works Degree/Certificate Warehouse Worker, Lead Pesticide Applicator Certification (Up to two employees rotated annually) Water Maintenance Worker, Senior Class B Commercial Driver’s License Water Maintenance Worker Class B Commercial Driver’s License Fire Code Inspector/Fire Code Inspector, Senior ICC – Building Inspector ICC – Fire Plans Examiner Environmental Specialist, Senior CA DPH Inspector/Assessor (Lead) (One employee only in the Environmental classification series) Vector Control Technician Certified Professional Storm Water Quality, Qualified SWPP Developer or Qualified SWPPP (Non-cumulative. Only one certificate pay for one of the certifications within the series) Practitioner Solid Waste Assoc. of North America (Only two employees eligible in the Environmental Specialist classification series) National Registry of Environmental Professional Environmental Specialist CA DPH Inspector/Assessor (Lead) (One employee only in the Environmental classification series) Vector Control Technician AWWA – Backflow Tester AWWA – Cross Connection Specialist Solid Waste Association of North American Certification National Registry of Environmental Professional Police Dispatcher Advanced Public Safety Dispatcher Formatted Table Formatted: Font: Not Bold Formatted: Left 20 Intermediate POST Certificate Training Officer Certificate Police Dispatcher, Lead Advanced Public Safety Dispatcher Intermediate POST Certificate Training Officer Certificate ;Section 5: Longevity Pay A. Employees Hired on or Before June 30, 1994 Five (5) Years of Service All eligible employees who have five (5) years of consecutive uninterrupted service on or before July l, 1986, shall receive an additional five percent (5%) per month of their base salary effective July l, 1986, and every year thereafter until reaching the next step. Employees upon reaching their 5th anniversary date after July 1, 1986, shall be entitled to said five percent (5%) per month upon said anniversary date. Ten (10) Years of Service All eligible employees who have ten (10) years of consecutive uninterrupted service on or before July 1, 1987, shall receive an additional ten percent (10%) per month of their base salary effective July 1, 1987, and every year thereafter until reaching the next step. Employees upon reaching their 10th anniversary date after July 1, 1987, shall be entitled to said ten percent (10%) per month upon said anniversary date. Fifteen (15) Years of Service All eligible employees who have fifteen (15) years of consecutive uninterrupted service on or before July 1, 1988, shall receive an additional fifteen percent (15%) per month of their base salary effective July 1, 1988, and every year thereafter until reaching the next step. Employees upon reaching their 15th anniversary date after July 1, 1988, shall be entitled to said fifteen percent (15%) per month upon said anniversary date. Twenty (20) Years of Service All eligible employees who have twenty (20) years of consecutive uninterrupted service on or before July 1, 1989, shall receive an additional twenty percent (20%) per month of their base salary effective July 1, 1989, and every year thereafter. Employees upon reaching their 20th anniversary date after July 1, 1989, shall be entitled to said twenty percent (20%) per month upon said anniversary date. 21 B. Employees Employed On or After July 1, 1994 and on or before December 31, 2013. Five (5) Years of Service All eligible employees who are employed on or after July 1, 1994 and on or before December 31, 2013, who attain five (5) years of consecutive uninterrupted service shall receive an additional five percent (5%) per month of their base salary. Such employees upon reaching their 5th anniversary date shall be entitled to receive said five percent (5%) per month upon said anniversary date. Further, such employees will not be entitled to receive any additional percentage increase to their base salary for further service. This subsection shall only apply to employees hired on or after July 1, 1994 and on or before December 31, 2013. The discontinuation of the longevity benefit outlined in this subsection for employees hire after December 31, 2013, shall be contingent when the City successfully reaches agreement on the same proposal as presented with all other represented and unrepresented employees working in the City. Section 6: Merit Steps A. Effective July 10, 2016, eEmployees who are not at the top step of their Classification Compensation Plan shall move to the next step on the Plan, if the employee achieved an “satisfactory” performance evaluation or better as of their immediately preceding annual performance evaluation. During the second and third years of this Agreement only, the City agrees to provide merit salary advances to employees who achieve an overall “above average” rating as of their immediately preceding annual performance evaluation (s). Employees shall continue to receive their annual evaluations as outlined in the City’s Performance Evaluation Policy., except that employees shall have a full year to earn an overall “above average” performance evaluation rating for the purposes of earning merit increases in the second and third years of this Agreement, and do so with a clear understanding of the “above average” qualification. Employees may receive more than one merit salary advance during the term of this Agreement. B. The merit salary advances earned during the fiscal year 16-17 shall go into effect at the beginning of the first full pay period of the following fiscal year. on July 9, 2017. The merit salary advances earned during the fiscal year 17-18 shall go into effect on July 8, 2018. The parties agree to reopen negotiations regarding this Section B, at the City’s option, based on the City’s financial position to afford the merit salary advances. C. During the second and third year of this Agreement only, an employee may file an appeal to the City Administrator regarding an annual performance evaluation that does not rate them as “above average” and therefore makes them ineligible for a merit salary advance under Section (A) above. The City Administrator, or his or her designee, shall consider such an appeal within thirty calendar days of receipt of the written appeal. The City Administrator’s designee, if one is appointed, shall not be in the employee’s direct chain of command. The decision of the City Administrator, or his or her designee, shall be final and binding. 22 D. During the second and third year of this Agreement, an employee who does not receive an annual performance evaluation within twelve work days of their classification anniversary date shall be deemed to have received a “satisfactory” evaluation, and shall not be denied movement to the next merit salary advance, as prescribed in this Section, due to his or her supervisor’s untimely annual evaluation. E. The effective date of these merit salary advances shall not alter the employee’s actual classification anniversary date. Section 7: Premium Pay After approval by the City Administrator and Director of Human Resources, premium pay as defined below shall be assigned to persons found to possess on a regular or temporary assignment such additional duties and responsibilities or whose positions entail certain hazards as to warrant this salary step over the base class. 1. 5% Premium Pay - A temporary 5% increase in pay shall be given to employees during periods when they assume some of the duties of higher-level job classes for a period of two weeks or more. Upgrade pay does not apply for short term absences or vacation coverage. 2. 10% Premium Pay – A temporary 10% increase in pay shall be given to employees when in the judgment of the Department Head and concurrence with the City Administrator they assume significantly more complex additional duties and responsibilities not normally found in their class for a period of two weeks or more. Upgrade pay does not apply for short term absences or vacation coverage. 3. 5% Dispatcher Training Pay – A temporary 5% increase in pay shall be given to Police Dispatchers when they are designated by the Police Chief or designee to train newly hired employees in the Police Dispatch Center. Please refer to Personnel Policy and Procedures II-3 Salary Plan Administration for specific details. Section 8: Training and Recertification Time Training and/or recertification time that is required by the employee’s then current job description on file with the Human Resources Department or approved in advance by the Department Head is compensable. 23 ARTICLE FIVE OVERTIME Section 1: Overtime Authorization All overtime requests must have prior written authorization of the respective supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Section 2: F.L.S.A. Overtime Employees will be paid overtime at time and a half (1.5) for all eligible hours worked in excess of forty (40) hours in a single workweek. Holidays (regular, in-lieu, and floating), vacation time, compensatory time, paid jury duty leave, sick leave, and bereavement leave shall count as time worked for the purposes of computing overtime. Union leave, unpaid jury leave, disciplinary suspensions, and administrative leave shall not count as time worked for the purpose of computing overtime. Section 3: Compensatory Time In lieu of cash payment, an employee may request compensatory time for overtime worked. Accrual of compensatory time shall be limited at any point in time to a maximum of eighty (80) normal working hours. Compensatory time shall be calculated by multiplying the number of overtime hours worked by the appropriate factor of 1.5 or 2 times the regular hourly rate. A. Overtime shall be compensated as mutually agreed upon in advance by employee and employer. B. Scheduling of compensatory time requires prior management approval and must be preceded by a ten (10) day notice of intended use from the employee. Management may waive the ten (10) day notice in cases of emergency. Compensatory time off may be taken only in 15 minute increments. The ten (10) day notice requirement shall not apply to attendance at funerals; the employee will notify management as soon as the need to be absent for a funeral is known. C. Upon promotion to an FLSA exempt classification, all compensatory time off shall be cashed out prior to promotion at the employee’s current regular rate of pay in the non- exempt classification. 24 Section 4: Call Backs Emergency cCall back duty occurs when an employee is requested to report to duty on a non- regularly scheduled work shift. Emergency cCall back policy is applicable when an employee is requested to return to work, after the employee’s workday is completed and/or prior to when the employee is scheduled to begin his/her shift. Emergency cCall back does not occur when an employee is held over from his/her prior shift or is working planned overtime. An employee Called Back to duty shall be credited with a minimum of four (4) hours of work at the applicable overtime rate. Any hours worked in excess of four (4) hours shall be credited for actual time worked at the applicable overtime rate. If the employee is Called Back to duty, his/her work time shall be credited commencing when the employee reports to work and shall conclude when the employee leaves work. Section 5: Hold Over Pay An employee following completion of a shift shall be paid double time for each hour held over in excess of four (4) hours beyond the regular shift, regardless of the number of regular hours worked in the pay period. For purposes of this section only, Hold Over Pay is applicable when an employee is required to work beyond a regular work shift whether planned and/or unplanned. 25 ARTICLE SIX UNIFORMS & SAFETY FOOT WEAR ALLOWANCE If an employee’s job classification requires him/her to wear a uniform while on duty, as designated by the City or employee’s Department, the City will provide and launder such uniform. For employees that work in the Police Department, the City will provide the initial set of uniforms to the employees. The newly hired employee will receive: two (2) class A uniforms; two (2) class B uniforms; two (2) polo shirts and one (1) jacket or sweater. On all subsequent anniversary dates for Police Department employees, the City will provide an annual uniform purchase and maintenance allowance of $600.00. The employee’s uniforms shall meet the applicable regulations for his/her job classification pursuant to City/Departmental policies. Employees that work in the Fire Department and who are required to wear a uniform while on duty shall receive the uniform allowance identified in the then current Vernon Firemen’s Association Memorandum of Understanding. The City will provide a safety foot wear allowance of $200.00 payable in the first pay period in July of each year for those employees required to wear safety boots/shoes. The boots/shoes purchased must be appropriate to the employee’s job classification and must meet applicable CAL-OHSA regulations and City/Departmental policies. Employees hired after January 1st will be eligible for a pro-rated amount as follows: Hired, Promoted, or Reclassified on or between: Safety Boot/Shoe Allowance July 1 – September 30 $200 October 1 – December 31 $150 January 1 – March 31 $100 April 1 – June 30 $50 Employees receiving the footwear allowance are required to wear the prescribed boots/shoes at all times while in the field or as requiredon duty. Boots/shoes must be kept in a well-maintained condition to ensure employee safety. The City reserves the right to determine if the boot or shoe is appropriate to the job classification in conformance with applicable CAL-OHSA regulations and City/Departmental policies. 26 ARTICLE SEVEN HEALTH AND WELFARE BENEFITS Section 1: Medical The City offers various medical plans to employees. The City reserves the right to select, administer, or fund any fringe benefit programs involving insurance that now exist or may exist in the future. The City shall meet with the Union prior to any change of insurance carrier or method funding coverage for any fringe benefits listed in this article. Section 2: Cafeteria Plan: The City and Union agree to a section 125 cafeteria plan (non-cash out), for this bargaining unit effective July 1, 2016. The City will adhere to the cafeteria plan requirements in accordance with IRS Section 125 regulations. The City shall provide to each employee in this bargaining unit a monthly allowance toward the cost of his/her medical plan as outlined in Subsection A, B and C below. A. Effective July 1, 2016, tThe City shall provide a contribution equal to the total premium costs of Employee-Only, Employee + Spouse, Employee + Child(ren), or Employee + Family lowest-cost HMO, lowest-cost Dental DMO, and lowest cost vision plan that corresponds with the employees’ benefit selection. Employees who elect a health plan whose premium cost is higher than the Low HMO medical, dental and vision will be responsible for any applicable excess premium costs. However, if an employee opts out of dental and/or vision coverage, then they may use these allotments for those respective coverages to pay towards the excess medical premiums. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January 1 of each calendar year of the term of this Agreement. B. During the term of this Agreement, Employees will be allowed to opt in to other plans during any open enrollment period or upon a qualifying event as prescribed and defined by the City’s insurance provider. C. For Employees electing Employee-Only, Employee + Spouse or Employee + Child(ren) plans, the maximum contribution by the City shall be either the amount set forth in Section A or $1120, whichever is greater. For employees enrolled in the PPO/HSA plan, the City shall pay up to 100% of the monthly cost of the plan for employees and eligible dependents, not to exceed $870 per month. In addition, for each employee enrolled in a PPO/HSA plan, annually the City shall make lump sum contributions to a health savings account (HSA) as follows: $1,500 in January and $500 each in March, June and September. The cost of any 27 PPO/HSA plan selected by the employee that exceeds $870 shall be paid by the employee through a pre-tax payroll deduction. The City understands that the allotment amounts will vary based on the premium costs that go into effect on January 1 of each calendar year of the term of this Agreement. Section 3: Dental: The City of Vernon provides a dental insurance plan to employees. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion toward the purchase of dental insurance for himself/herself and eligible dependents. The cost of any plan selected by the employee that exceeds his/her monthly employer medical allowance shall be paid by the employee through a pre-tax payroll deduction. Section 4: Vision The City of Vernon provides a vision care plan to employees. The City shall pay 100% of the cost of such a plan for employees and eligible dependents, as designated by their election of medical coverage. All premiums for vision coverage at each tier of coverage are to be deducted from the total monthly cCity contribution for Medical, Dental, and vision coverage. In the event an employee does not exceed their monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for vision care. The City agrees that all itemized benefit amounts specified in the City of Vernon Vision Plan (CVVP) that fall below $150 shall be raised to $150. Section 5: Life Insurance The City provides a $20,000 life insurance up to $20,000 in coverage plan to employees. The City shall pay 100% of the cost of such plan for employees. The City’s agreement to pay full or partial costs of said premiums shall not create or ripen into a vested right for said employee. In the event an employee does not exceed his/her monthly employer medical allowance, the employee shall be allowed to apply any unused portion towards the purchase of additional provided coverage for supplemental life insurance. Section 6: Deferred Compensation Employees are eligible to participate in the City’s Deferred Compensation Program. Section 7: Other City Employee Programs Employees are eligible to participate in all City sponsored programs adopted by City Council Resolutions that are intended to benefit all employees in the areas of, but not limited to the 28 following:  Computer loan purchase plan  Corrective eye surgery plan  Flexible Spending Plan  Hearing aid device plan  Tuition reimbursement plan  Employee Assistance Program (EAP)  Supplemental Life  Long Term Disability  Other supplemental insurance plans that may be available 29 ARTICLE EIGHT RETIREMENT Section 1: Public Employee Retirement System (“PERS”) The City shall maintain its contract with the California Employees Public Retirement System (PERS) that provides employees with 2.7% at 55 PERS retirement benefit plan. As a result of the recent passage of AB 340 Public Employee Pension Reform (PEPRA), new Ca1PERS members hired on or after January 1, 2013, who meets the definition of new member under PEPRA, shall be provided a 2.0% at 62 PERS retirement benefit plan. Employees shall be responsible for paying their employee's contribution to PERS. The City and Union agree to a reopener to discuss the impacts and effects if the laws concerning PERS are amended during the term of this contract. Effective the first pay period in July 2019, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contributionshall by paying an additional 1% of CalPERS reportable compensation for a total contribution of nine percent (9%). Effective the first pay period in July 2020, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contributionshall by paying an additional 12% of CalPERS reportable compensation for a total contribution of ten percent (10%). Effective the first pay period in July 2021, in accordance with Government Code Section 20516(f) pursuant to a cost-sharing arrangement, all employees designated as “classic” employees and enrolled in the “classic” retirement benefit formula shall share the cost of the employer CalPERS contributionshall by paying an additional 13% of CalPERS reportable compensation for a total contribution of teneleven percent (11%). Section 2: Supplemental PERS Retirement Benefits The City agrees to provide additional supplemental retirement benefits to employees under PERS as follows:  Gov't Code Section: 20042 — (Classic Members Only) One Year Final Compensation 30  New employees hired on or after January 1, 2013 who meet the definition of new member under PEPRA shall receive 3 Year Average Final Compensation  Gov't Code Section: 21024 - Military Service Credit as Public Service  Gov't Code Section: 21548 — Pre-Retirement Option 2W Death Benefit  Gov't Code Section: 21573 — Third Level of 1959 Survivor Benefits Section 3: Retiree Medical A. The City will pay up to the amount equivalent to the then current, lowest cost, employee only HMO insurance premium for the City's m edical and/or dental insurance premium(s) for all full-time regular employees who retire at age 60 or later with at least twenty (20) years of continuous uninterrupted service. Retired employees will be permitted to enroll in a higher-cost plan and pay the amount in excess of the HMO equivalent. B. All full-time regular employees with at least thirty (30) years of continuous uninterrupted service who retire before the age of sixty (60) years will be permitted to pay their medical and/or dental insurance premiums, and, upon reaching the age of sixty (60), the City will pay up to the amount equivalent to the then current lowest cost, employee only HMO medical and/or dental insurance premium(s). C. All full-time regular employees, who retire with a minimum of ten (10) years of continuous uninterrupted service with the City, may pay the premium(s) for medical and/or dental insurance. D. All retiree medical and/or dental insurance benefits provided pursuant to subsections A, B, and C above, shall be for retired employees only and shall not include their spouses or other dependents. E. All retired employees who receive medical and/or dental insurance benefits pursuant to subsections A, B, or C above and who reach the age of sixty-five (65), are required to be enrolled in Medicare, and shall show proof of such enrollment, where upon the City's insurance policy will become supplemental coverage, if applicable. F. The City’s obligation to make any payment under the retiree medical benefits program shall automatically terminate and cease upon the death of the retired employee. G. The offer of the retiree medical benefits is not a vested right for future years. Eligible retired employees may opt not to enroll in the City’s medical and/or dental insurance coverage and instead receive a monthly reimbursement payment equivalent to the then- current lowest cost City-offered Employee-only medical-HMO and/or dental HMO insurance 31 premium. An eligible retired employee who chooses this option and later has no reimbursable expenses is still eligible to receive the reimbursement at a later time when he or she does have qualifying reimbursable expenses. Once an employee who has opted out reaches Medi-care eligibility, the retiree shall receive a monthly reimbursement to the then- current cost of supplemental coverage. Once a retired employee opts not to enroll in the City’s medical and/or dental insurance, he or she will not be allowed to re-enroll in the City’s health plans. 32 ARTICLE NINE HOLIDAYS Section 1: Holidays A. All full-time employees, excluding employees assigned to a 24/7 operation, shall be provided with the following holidays with pay based on the number of hours constituting a regular working day, subject to the provisions below. 1. January 1st - New Year’s Day 2. The 3rd Monday in January – Martin Luther King, Jr. Day 3. The 3rd Monday in February – Presidents Day 4. March 31st – Cesar Chavez Day 5. The last Monday in May – Memorial Day 6. July 4th – Independence Day 7. The first Monday in September – Labor Day 8. The second Monday in October – Columbus Day 9. November 11th – Veterans Day 10. The 4th Thursday in November – Thanksgiving Day 11. December 24th – Christmas Eve 12. December 25th – Christmas Day 13. December 31st – New Year’s Eve 14. Such other days as may be designated as holidays by the City Council of the City of Vernon (employees assigned to a 24/7 operation shall receive an equivalent number of in-lieu hours) B. If an authorized holiday falls on a Sunday, the following Monday shall be treated as the holiday. Holidays falling on a Friday or Saturday, shall not be granted as a holiday to employees. C. Temporary and part-time employees are not eligible for paid holidays. D. An employee whose regular shift assignment falls on a scheduled holiday and who is required to work on that day shall be paid at his/her regular rate of pay for the holiday, plus overtime pay for his/her regular hours worked (excluding employees assigned to a 24/7 operation). E. Employees assigned to a 24/7 operation shall not be eligible for holiday pay, but shall instead receive In-Lieu Holiday hours equivalent to the applicable calendar year holiday schedule for rest of the Teamsters’ members, subject to the provisions below. Section 2: In-Lieu Holiday Time A. An employee regularly assigned to a 24/7 operation whose duties are such that they do not receive the benefits of regular legal holidays, shall be granted In-Lieu Holiday hours 33 equivalent to the applicable calendar year holiday schedule for rest of the Teamsters’ members effective January 1st of each calendar year. B. Such In-Lieu Holiday time shall only be granted so long as said employee is on the active payroll of the Department. C. In-Lieu Holidays must be taken prior to December 31st. Holidays may be taken as days off at the employee’s discretion, subject to the approval of the Department Head or designee. D. It shall be the responsibility of the employee to make a record of a good faith effort to utilize all In-Lieu holiday time within the applicable calendar year. If such effort is demonstrated, in or about January of each year, the employee shall be paid for said In-Lieu Holidays not taken within the preceding calendar year. Compensation for unused In-Lieu holidays shall be calculated using the employee’s regular rate of pay, including all compensation computed in accordance with the applicable base rate, as of December 31st of the applicable calendar year. E. An employee who resigns, retires, transfers out of a 24/7 operation or is terminated shall be compensated on a prorated basis for In-Lieu holiday time not yet taken. Proration shall be determined by the number of holidays that occurred in the calendar year prior to the resignation, retirement, transfer, or termination. 34 ARTICLE TEN VACATION Section 1: Vacation Leave All full-time employees shall accrue vacation according to the following schedule: 4/10 Schedule: Continuous Years of Service Vacation Hours Earned Bi-Weekly Accrual 1st year thru 4th year 80 3.08 5th year thru 9th year 100 3.85 10th year thru 14th year 120 4.62 15th year thru 24th year 160 6.16 25th year and more 190 7.31 24/7 Operation: 1st year thru 4th year 96 3.69 5th year thru 9th year 120 4.61 10th year thru 14th year 144 5.53 15th year thru 24th year 192 7.38 25th year and more 228 8.76 If the City agrees to increase the vacation accrual for other employee groups (outside of the Teamsters’ Union), excluding executives, who have worked for the City for 25 years or more, the City agrees to a re-opener at the Union’s request to discuss the differing vacation policy(ies). Section 2: Vacation Accumulation A. No vacation leave shall be carried over into the next calendar year that exceeds the maximum number of hours the employee was eligible to accrue during the immediately preceding year. In or about January February of each year, employees shall be compensated for unused accrued vacation benefit in excess of the allowed accumulated amount referenced above. Compensation for unused vacation in excess of the allowed accumulated maximum shall be calculated using the employee’s regular rate of pay, including all compensation computed in accordance with the applicable base rate, as of December 31st of the applicable calendar year. B. No vacation leave shall be accumulated by employees while they are on an unpaid leave of absence or unpaid non-work related disability leave. C. In the event one or more City holidays fall within a vacation period, such holidays shall not be charged as vacation leave. (Except for employees assigned to a 24/7 Operation) D. Upon separation from City employment, compensation shall be paid for vacation leave, which has been earned but not taken at the employee’s regular rate of pay, including all 35 compensation computed in accordance with the applicable base rate, at time of separation. Section 3: Scheduling of Vacation A. Vacation leave shall be scheduled with the approval of the Department Director or his or her designee by submitting a Leave Request Form in writing, within ten (10) business days before the beginning of the vacation. Vacation leave requests for extended times (3 weeks or more), unless an unforeseen emergency exists, shall be submitted at least thirty (30) days in advance of the beginning of the vacation. Vacations shall be approved subject to the needs of the department. The employee’s seniority and wishes will be factors that are considered during the scheduling process. Non-earned vacation leave shall not be allowed. Notwithstanding the aforementioned, Department Heads can continue to exercise discretion in granting vacation leave request. B. Vacation leave requests shall not be in excess of that actually earned at the time it is requested or in excess of the regular scheduled workweek. 36 ARTICLE ELEVEN SICK LEAVE Section 1: Sick Leave A. Full-time Employees shall accrue 80 hours of sick leave per year, accruing 3.08 of sick hours over 26 pay periods per year. If the full-time employee works, or is on regular paid status, less than a full year, the hours of sick leave will accrue on a pro rata basis. Part- time and temporary employees (excluding CalPERS retired annuitants) working for 30 or more days within a year shall be entitled to accrue paid sick days at the rate of one (1) hour per every 30 hours worked. Employees only receive sick leave accrual while they are in a paid status. B. The City shall allow carry-over of sick leave up to the maximum cap of 960 hours of sick leave. This bank of carry-over sick leave would provide a cushion for longer-term illnesses and injuries. C. Annually, any sick leave hours exceeding 960 will be compensated for at the end of the year at 50% of the employee’s regular hourly rate. D. If an employee resigns from the City with 20 years or more of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. E. If an employee retires from the City with 15 to 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 50% of his/her then current regular hourly rate of pay. If an employee retires from the City with more than 20 years of continuous service, he/she will be compensated for all unused sick leave hours in his/her sick leave bank at the time of separation at 100% of his/her then current regular hourly rate of pay. F. An employee who is out on sick leave for more than two (2) consecutive days shall be required to provide the City with a doctor’s note for the sick leave in order to be paid for the sick leave. 37 ARTICLE TWELVE LEAVE BENEFITS Section 1: Jury Duty A. All regular full-time employees summoned to serve on jury duty shall be provided “Jury Duty Pay” and there shall be no loss of compensation. An employee will be compensated up to two weeks (equivalent to eight (8) work days based on City Hall schedule Monday through Thursday) at full pay for jury duty. The employee must provide notice of the expected jury duty to his or her supervisor as soon as possible, but in no case later than 14 calendar days before the expected start date of the jury duty. B. An employee on call for jury duty is expected to report to work. An employee who is called in for jury duty does not have to report to work before or after appearing in court. All employees shall obtain verification of the hours of jury duty performed using verification forms as may be supplied by the court. Employees shall notify their Supervisor, either in person, verbally, voicemail message or in writing (electronic), on the day they are released from their jury duty obligations. C. Except as herein provided, employees shall remit to the City any compensation received for those days while on jury duty and shall receive regular pay for the time served. Employees shall be reimbursed by the City for the mileage portion of the jury duty compensation. Jury duty performed on an employee’s regular day off shall not be compensated by the city and the employee shall be entitled only to the court’s compensation for duty performed on such employee’s regular day off. Employees assigned to jury duty on a holiday will be considered to have taken such a holiday and will receive regular holiday pay, but the employee shall be entitled to the jury compensation for duty performed on such holiday. D. For those employees working graveyard and swing shift, or other shifts starting at an early and/or late hour (i.e., 5:00 a.m. or 9:00 p.m.), Management shall reschedule the employee to a day shift with a start time ranging between 7:00 a.m. to 9:00 a.m. Monday thru Friday while the employee is serving on jury duty. This temporary workweek reassignment shall be for the balance of the scheduled workweek. Reassignment of duties may also be made to maximize an employee’s productivity prior to, and following release from jury duty. E. If an employee is required to serve on a jury for a period longer than two weeks, the employee shall be entitled, at the employees’ option, to use any accrued leave time, other than sick time, during the period of extended jury service. The employee shall continue to receive all paid benefits, and shall continue to accrue eligible leave benefits. Section 2: Bereavement Leave Permanent full-time employees, regardless of period of service, may in the event of death or where death appears imminent, of any "immediate family member" including the equivalent relatives of a registered domestic partner, be allowed up to the equivalent of four (4) work days (total hours may vary depending on work schedule) of bereavement leave without loss of salary.: 38 *Brother-in-law and sister-in-law are defined as the spouse of the employee’s sibling or the sibling of the employee’s spouse. Bereavement leave is paid over a maximum of eight (8) workdays and is paid in thirty-minute increments. The bereavement leave begins on the first regularly scheduled workday as requested by the employee. If the employee learns of the death while at work, he or she is entitled to leave work immediately; this partial day leave will not be counted towards the bereavement leave. Bereavement leave must be authorized by the employee's Department Director and must be utilized within 15 days of employee learning of the death, or of the date of foreseen imminent death of the immediate family member, unless special circumstances require that the leave begin at a later date. Such requests to the Department Director shall be made within 15 days of the employee learning of the death or of the date of foreseen imminent death and shall not be unreasonably denied. Upon written verification that funeral services or other related obligations necessitate travel outside of California, the employee shall be entitled to use up to two (2) additional days of accrued leave (vacation, compensatory time, in-lieu holiday, or sick leave; said leave to be recorded as vacation, etc.). Relative All Regular Employees Spouse 4 work days Child 4 work days Registered Domestic Partner 4 work days Step-Child 4 work days Parent 4 work days Step-Parent 4 work days Mother-in-law 4 work days Father-in-law 4 work days Step-Parent-in-law 4 work days Grandchild 4 work days Step-Grandchild 4 work days Grandparent 4 work days Grandparent-in-law 4 work days Brother 4 work days Sister 4 work days Step-Sister 4 work days Step-Brother 4 work days Daughter-in-law 4 work days Son-in-law 4 work days Brother-in-law* 4 work days Sister-in-law* 4 work days 39 ARTICLE THIRTEEN WORK SCHEDULE AND WORKING CONDITIONS Section 1: Provisions The seven (7) day work period shall begin on Sunday at 12:00 a.m. and end on Saturday at 11:59:59 p.m. except as modified by management. In the event the City needs to adjust any work schedule, the City agrees that no such modification will be conducted without first notifying the affected employees a minimum of ten (10) days prior to the change, unless agreed to by the affected employee(s) and the Department Director. Section 2: 4/10 Work Schedule The City agrees to continue the 4/10 work schedule for employees assigned to work between Monday – Friday shifts. The basic work schedule shall consist of four (4) consecutive 10-hour days within a seven (7) calendar day period. Section 3: Work Schedule It is understood that the City has established a workweek for each covered employee which meets the requirement of the FLSA and which will not result in overtime compensation as part of the normal work schedule. Each non-exempt employee shall be assigned a designated FLSA workweek for the correct calculation of overtime. All employees shall receive a minimum of two 15-minute breaks and a thirty (30) minute lunch period or sixty (60) minute lunch period per workday. Section 4: Standby Policy A. PURPOSE To have employees on stand-by to respond to major incidents and emergencies during non-working hours which require immediate attention to availability of qualified individuals with expertise in operating, maintaining, restoring and repairing the City’s infrastructure. It is presently anticipated that the need for stand-by will be as follows, with the understanding that actual stand-by staffing, if any, remains at the discretion of the department head: 1.- One (1) Water Employee 2.- One (1) Building Maintenance Employee 3.- One (1) Environmental Specialist 4.- One (1) Street Facilities Maintenance Employee 5.- One (1) Police Dispatcher 40 The Emergency Call Back policy is not intended to be used in lieu of a demonstrated need for stand-by. B. DEFINITIONS Stand-by: Stand-by duty requires that an employee be accessible, available, and physically able to report to work. The employee must possess a city issued mobile phone device that remains available for immediate contact. The employee must be ready, willing, and able to respond to an emergency or incident or request for assistance based on a pre-arranged schedule. Employees on stand-by must respond to the mobile phone call immediately and be able to respond to the City within 1 hour of being called upon. The department head will determine if an employee is qualified to perform stand- by duties. The stand by duty period shall be defined by the Department Head. Emergency Call Back: When an employee is called back to the City, or at the direction of their supervisor, after their normal work shifts has been completed or before their normal work shift commences due to an unscheduled emergency or request that affects the City’s infrastructure. C. PAYMENT Stand–by: Employees on “Stand–By” shall receive two hours of regular straight time compensation for each date that the employee is assigned to be on stand-by. Stand-by time is not counted as hours worked as employees are not restricted in their activities and may engage in non-work related personal activities. On City-recognized Holidays where City Hall is closed, employees on stand-by will be compensated four hours of straight time compensation. An employee assigned to stand-by who is not available to report will be subject to appropriate disciplinary action unless they provide sufficient notice to their immediate supervisor of their incapacity to respond prior to the call back so that appropriate arrangements can me made so that the stand-by duty is covered. When an employee on “stand-by” is called back to the City, he/she shall be entitled to “stand-by” pay. The employee shall be paid a minimum of four (4) hours of pay at the appropriate rate based upon the employee’s hours worked. Time begins when the call out request is received and ends when the employee returns home. If work is performed remotely, the employee shall receive hour for hour compensation at the appropriate rate based upon the employee's hours worked. D. CONDUCT WHILE ON “STAND-BY” DUTY 1. While on stand-by duty the employee must be able to respond to the City within sixty 60 minutes of being called, and will carry the city issued phone. 2. The employee will at times remain able to immediately respond to any emergencies. 41 3. Each employee on stand-by duty is accountable to all of the rules and regulations of the City. 4. In the event of a call back, the employee will wear his/her City uniform, if applicable. F. ASSIGNED VEHICLES At the discretion of the Department Head, employees on stand-by will have use of a City vehicle to travel to and from their houses and call back assignments. When not on call, the City vehicle must be parked in a secure location at the employee’s residence. 42 ARTICLE FOURTEEN GRIEVANCE PROCEDURE PURPOSE AND SCOPE The purpose of this Article is to provide for a mutually acceptable method for the prompt resolution of employee grievances over the misinterpretation or misapplication of this particular provision of this MOU, City policy, rule or past practice. The City and Union recognize the importance of a viable grievance procedure to aid in the resolution of disputes among employees, supervisors and management. Union and City agree that it is in their best interests to resolve disputes at the earliest opportunity and at the lowest level GRIEVANCE DEFINITION A grievance shall be defined as an allegation by an employee or the Union of a misinterpretation, misapplication, or violation of a particular provision of this MOU, City policy, rule, or past practice. DAYS Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. GRIEVANCE PRESENTATION AND PROCEDURES Employees shall have the right to present their own grievance or do so through their Union representative. Grievances shall be processed on standard forms provided by the Department of Human Resources and shall contain information which (a) identifies the aggrieved, (b) contains the specific nature of the grievance, (c) indicates the time or place of its occurrence, if known, (d) states the article(s) of the MOU, City policy, rule or past practice which have been violated, misinterpreted or misapplied, (e) indicates the persons contacted at the informal stage, if applicable, and (f) states the corrective action desired. Grievances may be submitted via email, so long as the employee attaches the grievance form to the email by the required time line. If an employee includes attachments to the grievance form and those attachments are not included in the email or in-person submission, the City shall notify the employee that all attachments were not included and that the deadline for the City to respond to the grievance will not begin to run until all the attachments are received. Failure by management to reply to the employee’s grievance within the time limits specified automatically grants to the employee the right to process the grievance to the next level. If an employee fails to appeal from one level to the next within the time limits established in this grievance procedure, the grievance shall be considered settled on the basis of the last decision, and the grievance shall not be subject to further appeal or reconsideration. All time periods specified in this procedure may be extended by mutual written (including email) consent of the aggrieved employee (e), Union representative and the designated management 43 representative. INFORMAL PROCEDURE Within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee may discuss the complaint with his/her immediate supervisor. Employees are encouraged to discuss complaints with their immediate supervisor in an attempt to resolve the grievance at the lowest possible step. An employee, at his or her sole discretion, may opt to skip the informal procedure resolution process and instead go directly to Step One. If an employee chooses to proceed with the Informal Procedure, he/she or their union representative shall inform the Human Resources Director, within one day of initiating the Informal Procedure, that he/she has initiated the Informal Procedure and the date the informal grievance was first discussed with his/her supervisor. Within eight (8) days of the discussion with the employee, the supervisor shall verbally respond to the employee’s complaint. If the employee is dissatisfied or if the supervisor fails to respond, the employee shall have access to the formal grievance process described below Step One - Immediate Supervisor Within the time period referenced above, or if the employee chooses to skip the Informal Procedure, within eight (8) days of the date the employee(s) knew or reasonably should have known of the incident giving rise to the grievance, the employee(s) or the Union shall initiate the grievance procedure by explaining the situation in writing, with the information prescribed above, to the immediate supervisor of the affected employee(s). The Union and/or employee(s) waive the right to proceed with the grievance if the grievant does not initiate the procedure by this deadline. After the presentation of the grievance to the supervisor, the supervisor shall make a decision and present his/her decision, in writing, to the Union and employee(s) within eight (8) days. Step Two – Department Director If the Union or employee(s) is not satisfied with the decision of the immediate supervisor, the grievant(s) shall present the grievance, in writing, to the grievant’s Department Director within eight (8) days of the decision of the immediate supervisor. The Union and/or employee(s) waive the right to proceed with the grievance if the grievant(s) does not act by this deadline. Within eight (8) days, the Department Director, or the designee of the Department Director, shall meet with the Union and employee(s) to hear the grievance. Within eight (8) days of hearing the grievance, the Department Director or designee shall present his/her decision, in writing, to the Union and employee(s), with copies to the Human Resource Director and the City Administrator. Step Three - City Administrator/Advisory Arbitration If the Union or employee(s) is not satisfied with the result of the meeting with the Department Head, the grievant may request the matter be heard by the City Administrator or designee, or the Union may choose to have the matter heard by an impartial hearing officer (arbitrator). 44 Should the matter be submitted directly to the City Administrator or designee, he/she shall meet with the Union and/or employee(s) within eight (8) days of receipt of the grievant’ s written notice. If the Union and/or employee(s) elects to have the matter heard by the City Administrator or designee, the Union and/or employee(s) waives the right to have the matter heard by an arbitrator. Within eight (8) days of hearing the grievance, the City Administrator shall provide his/her decision, in writing, to the Union and employee(s). The decision of the City Administrator shall be final and binding. If the Union elects arbitration, costs of the arbitration shall be shared equally between the Union and the City. A court reporter shall be retained only by mutual consent of the parties. The costs of the arbitration, including the court reporter, shall be divided in half (i.e. 50/50) by the parties. Attorney fees, staff time and witness fees shall not be shared between the parties and shall be paid by the party that incurred the cost. If the Union elects arbitration, the City shall request a list of five (5) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other mutually agreed upon source within ten (10) days of the Union’s request. The Union may delete/strike two (2) names from the list. The City will then select the arbitrator from the remaining names on the list. The selected arbitrator shall serve as the hearing officer. All arbitration proceedings arising under the Grievance procedure shall be governed by the provisions of Title 9, Part 3, of the Code of Civil Procedure of the State of California. Within eight (8) days of receipt of the arbitrator's recommendation, the City Administrator shall provide his/her decision, in writing, to the Union and employee(s). The recommendation of an arbitrator shall be advisory to the City Administrator or designee. The decision of the City Administrator shall be final and binding. All time limits specified in the foregoing procedure may be waived only by mutual written agreement. 45 ARTICLE FIFTEEN DISCIPLINE PROCEDURE Definition Types of discipline include the following: suspension, demotion, reduction in pay or dismissal. For the purposes of this article, verbal counseling, written warning, written reprimand, voluntary demotions, and performance evaluations are not classified as discipline. DAYS Days shall be defined for the purposes of this Article as any day in which the City Hall is open to the public for the general conduct of business. Disciplinary Actions The tenure of every City employee shall be based on reasonable standards of personal conduct and job performance. Failure to meet such standards shall be grounds for appropriate disciplinary action, which shall be commensurate with the seriousness of the offense and with consideration of the employee’s personnel file. Progressive discipline will be used; however, this does not preclude the City from taking disciplinary action, up to and including termination, for an incident for which there is no prior documentation as long as the disciplinary action is warranted and is based on just cause. The following procedures shall be followed when, in the judgment of the Department Director, an employee has committed an act or omission that justifies discipline. The Department Director or his/her designee shall advise employees of contemplated disciplinary actions in writing and allow the employee an opportunity to respond to such charges prior to taking final action. Disciplinary actions should be documented in the employee's official personnel file. Performance deficiencies documented in the employee’s performance evaluation as “does not meet standards” may be the basis for disciplinary action if the employee fails to correct those performance deficiencies within the time period designated by his/her supervisor. To the extent possible, performance deficiencies or other causes for discipline will be documented in the employee’s personnel file. Upon the City receiving authorization from the employee, the City will provide the Union with all written notices of discipline given to employees represented by Union. The written notice of discipline will also inform the employee that he/she has the right to consult with the Union with regard to the disciplinary action being taken. Disciplinary Procedure Prior to the suspension, demotion, reduction in pay or dismissal of any permanent employee for disciplinary purposes, the following procedures shall be followed: Written Notice of Proposed Action 46 Written notice of the proposed disciplinary action shall be given to the employee. Such notice shall include the proposed effective date of the discipline, a statement of the reason(s) for the proposed action, including the rule or standard of conduct allegedly violated, the proposed discipline and the charge(s) being considered. Employee Review The employee shall be supplied with a copy of the documents or materials upon which the proposed disciplinary action is based. Employee Response/Pre-Disciplinary Conference The notice of proposed action shall state the date by which the employee must exercise the right to respond orally, in writing or both orally and in writing. This represents the pre-disciplinary opportunity for the employee to state any reasons that he/she believes the proposed action to be inappropriate. The employee shall have a reasonable amount of time to respond, which shall not be fewer than five days. This date may be adjusted by mutual agreement. Failure to respond by the assigned date will constitute a waiver of the right to respond. Any response will be fully considered before any final action is decided upon. The Pre-Disciplinary Conference does not need to be an evidentiary hearing. An employee has the right to have a representative of his or her own choosing at the conference. The City may conduct further investigation if the employee’s version of the facts or new information raises doubts as to the accuracy of the City’s information leading to the discipline proposal. Written Notice of Final Action After consideration of the employee’s response, or in the absence of a response, written notice of the final disciplinary action shall be given to the employee. Such notice shall include essentially the same information contained in the notice of proposed action, except that the employee’s formal appeal rights shall be stated. Emergencies When, in the opinion of the City, immediate disciplinary action is required to protect the health, safety or welfare of the public, other employees or the employee himself, the employee may be suspended without pay for up to five (5) days pending the processing of the notices required in this article or may be suspended with pay pending the completion of such investigations or hearings as may be required to determine if disciplinary action is to be taken. If the charges and/or allegations are not sustained, the employee suspended without pay shall be entitled to reinstatement with full back pay and benefits. All back pay awards related to suspension, demotions and discharges shall include interest as set by Civil Code §§ 3287 et. seq.. Appeal Procedures 47 Major Discipline Any permanent employee in the classified service shall have the right to appeal any dismissal, suspension of thirty (30) hours or more, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to probationary employees. The appeal process shall not be applicable to performance evaluations, verbal and/or written reprimands. An employee desiring to appeal the discipline shall have ten (10) days after receipt of final notice of discipline. The employee’s request for appeal must be addressed to the City Administrator and received in the Human Resources Division. The Human Resources Division shall date stamp the employee’s appeal to verify the timeliness of the appeal. If, within the 10-day appeal period, the employee does not file the appeal, unless good cause for the failure is shown, the discipline shall be considered conclusive. If the employee files a timely appeal, an arbitration appeal hearing shall be established as follows: 1. The employee shall file a written request with the Human Resources Division for advisory arbitration to the City Administrator or designee. The City and Union will share equally share (i.e. 50/50) the arbitration-related expenses, excluding attorney fees, expert witness (es) and staff time. 2. The City shall request a list of five (5) arbitrators registered with the American Arbitration Association, California State Conciliation Service or some other agreed upon source within ten (10) days of the employee’s request. The employee may delete/strike two (2) names from the list. The City will then select the arbitrator from the remaining names on the list. 3. The selected arbitrator shall serve as the hearing officer. 4. All time limits specified in the procedure may be waived by mutual written agreement. 5. At the conclusion of the hearing, the arbitrator will submit his/her findings to the City and the employee. The opinion shall set forth findings of fact and conclusions. The decision of the Arbitrator will become final unless the City or the employee elects to pursue judicial review under CCP §1094.5. Minor Discipline Any permanent employee shall have the right to appeal any suspension below the threshold of major discipline. The appeal process shall not apply to probationary employees. If the problem cannot be resolved between the employee and the supervisor, the employee may, within ten (10) days from receiving notice of the final discipline, request and be granted an interview with the Department Director or his/her designee in order to discuss the appeal. The Department Director or designee shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Department Director and employee are unable to arrive at a 48 satisfactory solution, the employee may, within fifteen (15) days from the date of the decision by the Department Director, submit a written appeal to the City Administrator or designee. The City Administrator or designee will respond or schedule a meeting within fifteen (15) days. The City Administrator or designee shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. The decision of the City Administrator shall be final and binding. 49 ARTICLE SIXTEEN JOINT LABOR MANAGEMENT COMMITTEE A. The City and the Union will maintain a Joint Labor Management (JLM) Committee comprised of at least eight (8) members. The City's team shall consist of representatives from the City Administrator's office, the Human Resources Department and management representatives of the City Departments. The Union shall provide up to five (5) City employees and one (1) representative to sit on its committee. Employees who are regularly scheduled to work shall be on paid release time during participation in the JLM Committee. Participation in the JLM Committee is considered Union Business, and as such, any release time under this section shall not result in the City incurring any overtime. Additional department and employee representatives may participate on the Committee to deal with departmental matters, which may be addressed. This Committee shall meet at least semi- annually to discuss matters of concern to both management and the Union and a written summary of each meeting shall be prepared by the City. The Committee shall be authorized to schedule meetings more frequently than the semi-annual ones required herein in order to expeditiously respond to concerns properly before the committee. B. The JLM Committee shall be utilized to allow the parties to discuss matters affecting the workplace environment. C. The JLM Committee shall not be a means for participating in the meet and confer process as provided for by Government Code Sections 3500 et. Seq. The JLM Committee’s meetings shall not be “Meet and Confer” sessions as that term is used in Government Code Sections 3500 et. seq. D. JLM Committee consideration of proposed changes in terms and conditions of employment shall not occur and is not a condition precedent to the exercise by the City of its rights. 50 SIGNATURE PAGE CITY OF VERNON TEAMSTERS LOCAL 911 Carlos R. Fandino Jr. Raymond B. Whitmer City Administrator / “MERR” Secretary-Treasurer Union Committee Member William F. Fox Carlos Rubio Director of Finance/City Treasurer Business Representative Union Committee Member Ana Karina Rueda Renan Castro Human Resources Analyst Union Committee Member _______________________________ Michael Earl Cerissa Diaz Director of Human Resources Union Committee Member ______________________________ Anthony Hinojos Union Committee Member ______________________________ James Moore Union Committee Member Christina Rivera Union Committee Member APPROVED AS TO FORM: _______________________________ Zaynah Moussa, Senior Deputy City Attorney APPROVED AND ADOPTED BY CITY COUNCIL ON ____________________PER RESOLUTION NO._________________ ATTEST: 51 ________________________________ Dated:_________________________ Deborah Harrington, Interim City Clerk City Council Agenda Item Report Agenda Item No. COV-325-2019 Submitted by: Michelle Tolmasoff Submitting Department: Public Utilities Meeting Date: August 6, 2019 SUBJECT A Resolution Approving and Authorizing the Execution of a Master Services Agreement for Upstream Internet Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In Conflict Therewith Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution Approving and Authorizing the Execution of a Master Services Agreement for Upstream Internet Access Services with Centurylink Communications, LLC, and Repealing All Resolutions In Conflict Therewith. Background: The Public Utilities Department’s ("VPU") Fiber Optic based Internet Access Service receives dedicated wholesale internet circuits from two upstream service providers. Contracting with two source providers affords VPU the redundancy necessary for the reliable delivery of commercial internet access services to residents and businesses in Vernon using VPU’s fiber optic network distribution infrastructure. The redundant circuits ensure system reliability and customer service up-time. VPU is currently connected to the Centurylink Communications, LLC ("Centurylink") network, previously known as Level 3. Historically, Centurylink’s service delivery has met VPU’s Internet Access Services reliability requirements in a responsible manner. On September 4, 2018, City Council adopted Resolution No. 2018-32, which approved and authorized a Master Services Agreement for Upstream Internet Access Services with Centurylink ("Agreement"). The Agreement was executed, but the upgrade was not activated as the merger between Centurylink and Level 3 resulted in a transition of personnel that ultimately affected the time frame and direction of the upgrade. Initially, Centurylink planned on providing the bandwidth upgrade through a different carrier and a new last-mile circuit. This approach would require construction for the new circuit resulting in a longer turnaround time for the necessary system equipment and configuration overhaul. Given the circumstance, the service order for the proposed 500 Mbps upgrade was placed on hold as staff re-assessed the best upgrade option to meet current and future City needs. After a thorough assessment of the proposed upgrade and the City’s fiber optic system, staff concluded the best course of action for the City and its customer base is to keep the existing circuit with Centurylink, opt out of the service upgrade for 500 Mbps, and upgrade to a greater service capacity of 1,000 Mbps (1 Gbps). Keeping the existing circuit will ensure the least amount of downtime and system changes in addition to avoiding substantial service interruptions to VPU's customers that are necessary during a transition to a new provider. Currently, VPU procures a month-to-month service from Centurylink which offers a bandwidth of 200 Mbps for a monthly charge of $4,541.37 (tax/surcharge included). Centurylink has provided an updated quote for the 1,000 Mbps upgrade with a new monthly charge of $3,910.65 (not including an estimated $641 tax/surcharge for an approximate monthly total of $4,551.65). The recommended upgrade will provide a higher quality of service and speed options for VPU's users, in addition to providing the ability to market and sustain future growth. With the increase in bandwidth, VPU will seek to update its current offerings and service packages for its customers and re-design the distribution system in order to grow and be able to service more customers. The Agreement with Centurylink is exempt from both the competitive bidding and competitive selection requirements pursuant to Vernon Municipal Code § 2.17.12(A)(6) and 2.17.12(B)(1) because this is a contract for the acquisition or transmission of telecommunications for the Public Utilities Department and it would be commercially unreasonable to procure these services through standard bidding or the request for proposal procedure. Due to the fact that the City is currently connected to the Centurylink network, staff determined that it is in the best interest of the City to repeal Resolution No. 2018-32 and commit to a new three-year term Master Services Agreement with Centurylink for an upgrade that will grant VPU five times the amount of bandwidth with a minimal increase to the monthly cost (approximately $11), for an amount not-to-exceed $165,000 over the term of the Agreement. As part of this Agreement, staff will be able to establish firm monthly rates that are not subject to increases throughout the entire term of thirty-six (36) months, thereby ensuring that VPU is not only capable of providing valuable and reliable internet service to its residents and business customers, but is also able to manage this expenditure as a fixed cost for a longer term. The cost savings will benefit the rate structure ultimately affecting customers. Staff has also requested a credit from Centurylink for an estimated total of $3,575 for the monthly cost difference between those stated in the Agreement and the current month-to-month charge. Centurylink has provided a Master Services Agreement, Service Order Form, Standard Terms and Conditions, and Addendum, which the City Attorney’s office has reviewed and approved as to form. Fiscal Impact: The not-to-exceed amount of $165,000, includes the 36-month service commitment with Centurylink, estimated taxes, surcharge, and the additional funds to pay two (2) months of charges at the current rates until the upgrade is completed. This expense has been included in the proposed VPU Budget for the Fiber Optics Division for fiscal year 2019-2020 and will be budgeted accordingly in subsequent years. If approved, the expense will be charged to account 057.1057.500173. ATTACHMENTS 1. Resolution - CenturyLink MSA RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A MASTER SERVICES AGREEMENT FOR UPSTREAM INTERNET ACCESS SERVICES BY AND BETWEEN THE CITY OF VERNON AND CENTURYLINK COMMUNICATIONS, LLC AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on January 7, 2008, the City Council of the City of Vernon (“Vernon” or the “City”) adopted Resolution No. 9518 approving a Business Markets Master Service Agreement and Service Order Form with Level 3 Communications, LLC, formerly Wiltel Communications LLC, for dedicated internet access service (“DIA Services”); and WHEREAS, on October 5, 2009, the City Council of the City of Vernon adopted Resolution No. 10,076 approving an agreement for continuation of DIA Services for a 12-month period; and WHEREAS, on March 22, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-42 approving an agreement for continuation of DIA Services for a 12-month period; and WHEREAS, on June 19, 2012, the City Council of the City of Vernon adopted Resolution No. 2012-109 approving an agreement for continuation of DIA Services for a two-year period; and WHEREAS, on June 17, 2014, by minute order, the City Council of the City of Vernon approved an agreement for continuation of DIA Services for a two-year period; and WHEREAS, on June 5, 2018, the City Council of the City of Vernon adopted Resolution No. 2018-21 approving an agreement for upgrade and continuation of DIA Services for a one-year period, effective as of July 1, 2017; and WHEREAS, on September 4, 2018, the City Council of the City -2 - of Vernon adopted Resolution No. 2018-32 approving and authorizing the execution of a Master Services Agreement for upstream internet access services with Centurylink Communications, LLC (“Centurylink”); and WHEREAS, the Agreement approved via Resolution 2018-32 included an upgrade of 500 Mbps but was never activated; and WHEREAS, by memorandum dated August 6, 2019, the Public Utilities Department has recommended that the City approve a Master Services Agreement for upstream internet access services with Centurylink (the “Centurylink MSA”), which includes a greater service capacity of 1,000 Mbps; and WHEREAS, the City Council of the City of Vernon desires to approve the upgraded Master Services Agreement for upstream internet access services with Centurylink. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (“CEQA”) review, because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378. SECTION 3: The City Council of the City of Vernon hereby approves the Centurylink MSA, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Centurylink MSA -3 - for, and on behalf of, the City of Vernon and the Interim City Clerk is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Centurylink MSA attached herein. SECTION 6: All resolutions or parts of resolutions, including Resolution No. 2018-32, not consistent with or in conflict with this resolution are hereby repealed. SECTION 7: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk’s designee, to send a fully executed Centurylink MSA to Centurylink. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / -4 - SECTION 8: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of August, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: Brian Byun, Senior Deputy City Attorney -5 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2019, at Vernon, California. Deborah Harrington, Interim City Clerk (SEAL) EXHIBIT A CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION OMR #R038754 Op ID #: 56447447 Page 1 of 9 © CenturyLink. All Rights Reserved. CGT v1.052318 . This Master Service Agreement ("Agreement") is between CENTURYLINK COMMUNICATIONS, LLC (“CenturyLink”) and CITY OF VERNON (“Customer”) and is effective on the date the last party signs it (the “Effective Date”). This Agreement provides the terms and conditions applicable to Customer’s purchase of products and services (“Service”) from CenturyLink. As of the Effective Date, this Agreement shall replace and supersede the following: (i) Master Services Agreement entered into as of September 25, 2018, by and between CenturyLink Communications, LLC and City of Vernon, Contract ID #1180663 (“Prior MSA”). Notwithstanding anything to the contrary set forth therein, as of the Effective Date, this Agreement shall govern all existing Service Orders and Statements of Work previously governed by the Prior MSA, if any. 1. Term. The term of the Agreement will commence on the Effective Date and continue for three years from the Effective Date, unless earlier terminated in accordance with the Agreement (“Term”). 2. Service. CenturyLink will provide Service in accordance with the Agreement, including all applicable Service Schedules, Service Exhibits, Statements of Work, Order(s), pricing attachments, and any other documents that are attached or expressly incorporated into the Agreement (“Service Attachments”). The following Service Attachments, if any, are initially attached and incorporated into the Agreement. At CenturyLink’s discretion, additional Service Attachments may be added by Amendment or by Customer placing an Order.  Level 3® Internet Services 3. Order(s). Customer may submit requests for Service in a form designated by CenturyLink (“Order”). The term for a Service is defined in the applicable Service Attachment (“Service Term”). The parties agree that any Order issued under this Agreement will not have a Service Term that extends beyond the Term of the Agreement, even if stated otherwise in an Order. If a Service Term expires before the expiration of the Term of the Agreement, the Order will continue on a month to month basis until the expiration or termination of the Agreement.. CenturyLink will notify Customer of acceptance of requested Service in the Order by delivering (in writing or electronically) the date by which CenturyLink will install Service (the “Customer Commit Date”), by delivering the Service, or by the manner described in a Service Attachment. Renewal Orders will be accepted by CenturyLink’s continuation of Service. For moves, adds or changes agreed to by CenturyLink, Customer will pay CenturyLink’s then current charges unless otherwise specifically stated in a Service Attachment. 4. Billing and Payment. 4.1 Commencement of Billing. Unless otherwise set forth in a Service Attachment, CenturyLink will deliver written or electronic notice (a “Connection Notice”) to Customer when Service is installed, at which time billing will commence ("Service Commencement Date"). If Customer notifies CenturyLink within three days after delivery of the Connection Notice that Service is not functioning properly, CenturyLink will correct any deficiencies and, upon Customer’s request, credit Customer’s account in the amount of 1/30 of the applicable monthly recurring charge (MRC) for each day the Service did not function properly. If CenturyLink cannot complete installation due to Customer delay or inaction, CenturyLink may begin charging Customer for the Service, and Customer will pay such charges. 4.2 Payment of Invoices and Disputes. Invoices are delivered or made available monthly and due 30 days after the invoice date. Fixed charges are billed in advance and usage-based charges are billed in arrears. Customer’s payments to CenturyLink must be made via an ACH transfer or any CenturyLink approved payment portal (e.g., CenturyLink Control Center) in the currency stated on the invoice. CenturyLink may charge administrative fees where Customer’s payment and invoice preferences deviate from CenturyLink’s standard practices. Past due amounts bear interest at 1.5% per month or the highest rate allowed by law (whichever is less). CenturyLink may charge Customer reasonable attorneys' fees and any third-party collection costs CenturyLink incurs in collecting such amounts. Customer is responsible for all charges regarding the Service, even if incurred as the result of unauthorized use. If Customer reasonably disputes an invoice, Customer must pay the undisputed amount and submit written notice of the disputed amount (with details of the nature of the dispute and the Services and invoice(s) disputed). Disputes must be submitted in writing within 90 days from the date of the invoice. If CenturyLink determines in good faith that a disputed charge was billed correctly, Customer must pay such amounts within 10 days after CenturyLink provides notice of such determination. Customer may not offset disputed amounts from one invoice against payments due on the same or another account. 4.3 Taxes and Fees. Excluding taxes based on CenturyLink's net income, Customer is responsible for all taxes and fees arising in any jurisdiction imposed on or incident to the provision, sale or use of Service. This includes value added, consumption, sales, use, gross receipts, withholding, excise, access, bypass, ad valorem, franchise or other taxes, fees, duties or surcharges (e.g., regulatory and 911 surcharges), whether imposed on CenturyLink or a CenturyLink affiliate, along with similar charges stated in a Service Attachment (collectively “Taxes and Fees”). Some Taxes and Fees, and costs of administering the same, are recovered through imposition of a percentage surcharge(s) on the charges for Service. If Customer is required by law to make any deduction or withholding of withholding Taxes from any payment due hereunder to CenturyLink, then, notwithstanding anything to the contrary in this Agreement, the gross amount payable by Customer will be increased so that, after any such deduction or withholding for such withholding Taxes, the net amount received by CenturyLink will not be less than CenturyLink would have received had no such deduction or withholding been required. Charges for Service are exclusive of Taxes and Fees. Customer may present CenturyLink with an exemption certificate eliminating CenturyLink’s liability to pay certain Taxes and Fees. The exemption will apply prospectively. 4.4 Non-Appropriations. Customer intends to continue this Agreement for its entire Term and to satisfy its obligations hereunder. For each fiscal period for Customer: (a) Customer agrees to include in its budget request appropriations sufficient to cover Customer's obligations under this Agreement; (b) Customer agrees to use all reasonable and lawful means to secure these appropriations; (c) Customer agrees it will not use non-appropriations as a means of terminating this Agreement in order to acquire functionally equivalent CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION OMR #R038754 Op ID #: 56447447 Page 2 of 9 © CenturyLink. All Rights Reserved. CGT v1.052318 products or services from a third party. Customer reasonably believes that sufficient funds to discharge its obligations can and will lawfully be appropriated and made available for this purpose. In the event that Customer is appropriated insufficient funds, by appropriation, appropriation limitation or grant, to continue payments under this Agreement and has no other funding source lawfully available to it for such purpose (as evidenced by notarized documents provided by Customer and agreed to by CenturyLink), Customer may terminate this Agreement without incurring any termination charges by giving CenturyLink not less than 30 days’ prior written notice. Upon termination and to the extent of lawfully available funds, Customer will remit all amounts due and all costs reasonably incurred by CenturyLink through the date of termination. 4.5 Regulatory and Legal Changes. If changes in applicable law, regulation, rule or order materially affect delivery of Service, the parties will negotiate appropriate changes to this Agreement. If the parties cannot reach agreement within 30 days after CenturyLink’s notice requesting renegotiation, CenturyLink may, on a prospective basis after such 30-day period, pass any increased delivery costs on to Customer. If CenturyLink does so, Customer may terminate the affected Service on notice to CenturyLink delivered within 30 days of the cost increase taking effect. 4.6 Cancellation and Termination Charges. Unless otherwise set forth in a Service Attachment: (a) Customer may cancel an Order (or portion thereof) prior to the delivery of a Connection Notice upon written notice to CenturyLink identifying the affected Order and Service. If Customer does so, Customer will pay CenturyLink a cancellation charge equal to the sum of: (1) for “off-net” Service, third party termination charges for the cancelled Service; (2) for “on-net” Service, one month’s monthly recurring charges for the cancelled Service; (3) the non-recurring charges for the cancelled Service; and (4) CenturyLink’s out-of-pocket costs (if any) incurred in constructing facilities necessary for Service delivery. (b) Customer may terminate a specified Service after the delivery of a Connection Notice upon 30 days’ written notice to CenturyLink. If Customer does so, or if Service is terminated by CenturyLink as the result of Customer’s default, Customer will pay CenturyLink a termination charge equal to the sum of: (1) all unpaid amounts for Service actually provided; (2) 100% of the remaining monthly recurring charges for months 1-12 of the Service Term; (3) 50% of the remaining monthly recurring charges for month 13 through the end of the Service Term; and (4) if not recovered by the foregoing, any termination liability payable to third parties resulting from the termination and any out-of-pocket costs of construction to the extent such construction was undertaken to provide Service hereunder. The charges in this Section represent CenturyLink’s reasonable liquidated damages and are not a penalty. 5. Default. If (a) Customer fails to make any payment when due and such failure continues for five business days after CenturyLink’s written notice, or (b) either party fails to observe or perform any other material term of this Agreement and such failure continues for 30 days after the other party’s written notice, then the non-defaulting party may: (i) terminate this Agreement and/or any Order, in whole or in part, and/or (ii) subject to Sections 6.1 (Damages Limitations) and 6.3 (Service Levels), pursue any remedies it may have at law or in equity. 6. Liabilities and Service Levels. 6.1 Damages Limitations. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement services, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Agreement or any Order. 6.2 Disclaimer of Warranties. CENTURYLINK MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, EXCEPT THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT OR ANY APPLICABLE SERVICE ATTACHMENT. 6.3 Service Levels. (a) Any “Service Level” commitments applicable to Services are contained in the Service Attachments applicable to each Service. If CenturyLink does not meet a Service Level, CenturyLink will issue to Customer a credit as stated in the applicable Service Attachment on Customer’s request. CenturyLink’s maintenance log and trouble ticketing systems are used to calculate Service Level events. Scheduled maintenance under Section 8 and force majeure events are considered Excused Outages. (b) Unless otherwise set forth in a Service Attachment, to request a credit, Customer must contact Customer Service (contact information is located at http://www.level3.com) or deliver a written request with sufficient detail to identify the affected Service. The request for credit must be made within 60 days after the end of the month in which the event occurred. Total monthly credits will not exceed the charges for the affected Service for that month. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Service are contained in the Service Levels applicable to the affected Service. 6.4 Right of Termination for Installation Delay. Unless otherwise set forth in a Service Attachment, in lieu of installation Service Level credits, if CenturyLink’s installation of Service is delayed by more than 30 business days beyond the Customer Commit Date, Customer may terminate the affected Service without liability upon written notice to CenturyLink, provided such written notice is delivered prior to CenturyLink delivering a Connection Notice for the affected Service. This Section will not apply where CenturyLink is constructing facilities to a new location not previously served by CenturyLink. CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION OMR #R038754 Op ID #: 56447447 Page 3 of 9 © CenturyLink. All Rights Reserved. CGT v1.052318 7. Customer Premises; Title to Equipment. If access to non-CenturyLink facilities is required for the installation, maintenance, grooming, movement, upgrade and/or removal of CenturyLink network or equipment, Customer will, at its expense: (a) secure such right of access and (b) arrange for the provision and maintenance of power and HVAC as needed for the proper operation of such equipment and network. Title to CenturyLink-provided equipment (including software) remains with CenturyLink. Customer will not create or permit to be created any encumbrances on CenturyLink-provided equipment. 8. Scheduled Maintenance and Local Access. Scheduled maintenance will not normally result in Service interruption. Unless otherwise set forth in a Service Attachment, if scheduled maintenance requires Service interruption CenturyLink will: (1) provide Customer seven days’ prior written notice, (2) work with Customer to minimize interruptions and (3) use commercially reasonable efforts to perform such maintenance between midnight and 6:00 a.m. local time. If third-party local access services are required for the Services, Customer will: (1) provide CenturyLink with circuit facility and firm order commitment information and design layout records to enable cross-connects to CenturyLink Service(s) (provided by CenturyLink subject to applicable charges), (2) cooperate with CenturyLink (including changing demarcation points and/or equipment and providing necessary LOAs) regarding circuit grooming or re-provisioning, and (3) where a related Service is disconnected, provide CenturyLink a written disconnection firm order commitment from the relevant third-party provider. CenturyLink may re-provision any local access circuits from one off-net provider to another or to the CenturyLink owned and operated network (on-net), and such changes will be treated as scheduled maintenance. 9. General Terms. 9.1 Force Majeure. Neither party will be liable, nor will any credit allowance or other remedy be extended, for any failure of performance or equipment due to causes beyond such party’s reasonable control (“force majeure event”). 9.2 Assignment and Resale. Neither party may assign its rights or obligations under this Agreement or any Service Attachment without the prior written consent of the other party, which will not be unreasonably withheld. However, either party may assign its rights and obligations under this Agreement or any Order without the consent of the other party: (1) to any subsidiary, parent, or affiliate that controls, is controlled by, or is under common control with that party; (2) pursuant to the sale or transfer of substantially all of the business or relevant assets of that party; or (3) pursuant to any financing, merger, or reorganization of that party. This Agreement and all Service Attachments will apply to any permitted transferees or assignees. Any assignee of Customer must have a financial standing and creditworthiness equal to or better than Customer's. Unless otherwise set forth in a Service Attachment, Customer may provide Service to third parties or use the Services in connection with goods or services provided by Customer to third parties (“Customer Provided Services”). To the extent permitted under law, Customer will be responsible for any claims arising from or related to any Customer Provided Services. If Customer sells telecommunications services, Customer certifies that it has filed all required documentation and will at all times have the requisite authority with appropriate regulatory agencies respecting the same. Nothing in this Agreement confers upon any third party any right, benefit or remedy hereunder. 9.3 Affiliates. CenturyLink may use a CenturyLink affiliate or a third party to provide Service to Customer, but CenturyLink will remain responsible to Customer for Service delivery and performance. Customer’s affiliates may purchase Service under this Agreement, and Customer will be jointly and severally liable for all claims and liabilities related to Service ordered by any Customer affiliate. 9.4 Notices. Notices will be in writing and deemed received if delivered personally, sent via facsimile, pre-paid overnight courier, electronic mail (if an e-mail address is provided below) or sent by U.S. Postal Service or First Class International Post. Unless otherwise provided for in a Service Attachment, requests for disconnection of Service (other than for default) must be submitted to CenturyLink via Customer’s portal at https://www.centurylink.com/business/login/ or via the following website / link: http://www1.level3.com/disco/disco.html and will be effective 30 days after receipt (or such longer period set forth in a Service Attachment). Notices for billing inquiries/disputes or requests for Service Level credits must be submitted to CenturyLink via Customer’s portal at https://www.centurylink.com/business/login/ or via Email at: billing@centurylink.com. Customer failure to follow this process and/or provide complete information may result in continued charges that will not be credited. All legal notices will be addressed to CenturyLink at: 931 14th Str., #900, Denver, CO 80202; Fax: 888-778-0054; Attn.: Notice Coordinator; and to any electronic or physical address of Customer as provided in the Agreement or in its absence, to Customer’s address identified on the Order or as reflected in CenturyLink's records, Attn. General Counsel. 9.5 Acceptable Use Policy and Data Protection. Customer must conform to an applicable Acceptable Use Policy (“AUP”) for Services purchased under this Agreement and to the CenturyLink Privacy Policy, which is available at http://www.centurylink.com/aboutus/legal/privacy-policy.html. Unless otherwise set forth in a Service Attachment, the applicable AUP is available at http://www.level3.com/en/security-law-enforcement-and-acceptable-use-policy/acceptable-use-policy/. 9.6 Confidentiality; California Public Records Act. (a) Except as provided in subsection 9.6(b) below, neither party will: (a) disclose any of the terms of the Agreement; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Agreement) the confidential information received from the other party. Confidential information will not include (i) this Agreement or the terms thereof; or (ii) Customer Data except as may be described in a Service Attachment. A party may disclose confidential information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under the Agreement. Each party will limit disclosure and access to confidential information to those of its employees, contractors, attorneys or other representatives who reasonably require such access to accomplish the Agreement’s purposes and who are subject to confidentiality obligations at least as restrictive as those contained herein. CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION OMR #R038754 Op ID #: 56447447 Page 4 of 9 © CenturyLink. All Rights Reserved. CGT v1.052318 (b) Notwithstanding anything to the contrary herein in subsection 9.6(a) above, CenturyLink acknowledges that Customer is subject to the requirements of the California Public Records Act (“CPRA”), codified at California Government Code § 6250 to 6276.48, and that certain information in the possession of Customer is subject to public release. CenturyLink recognizes that Customer will comply with its legal obligations under CPRA and authorizes Customer, in its reasonable discretion, to determine if public records, including, but not limited to, records that include information provided to Customer by CenturyLink, are subject to an exclusion to CPRA’s mandatory disclosure provisions. CenturyLink authorizes Customer to release such records (or portions thereof) as required by CPRA if Customer determines that such records, either in whole or in part, are not subject to an exclusion, subject to the processes applicable under the CPRA. 9.7 Intellectual Property Ownership; Use of Name and Marks. Nothing in the Agreement or the performance thereof will convey, license, or otherwise transfer any right, title, or interest in any intellectual property or other proprietary rights held by either party or its licensors. Neither party will use the name or marks of the other party or any of its affiliates for any purpose or issue any press release or public statement relating to this Agreement without the other party’s prior written consent. 9.8 Governing Law; Amendment. This Agreement will be governed and construed in accordance with the laws of the State in which Customer’s principal office is located, without regard to its choice of law rules. Each party will comply with all applicable laws, rules and regulations associated respectively with CenturyLink’s delivery or Customer’s use of the Service under the Agreement. This Agreement, including any Service Attachments, constitutes the entire and final agreement and understanding between the parties with respect to the Service and supersedes all prior agreements relating to the Service. CenturyLink is not subject to any obligations that are not explicitly identified in this Agreement. This Agreement may only be modified or supplemented by an instrument executed by an authorized representative of each party. No failure by either party to enforce any right(s) hereunder will constitute a waiver of such right(s). 9.9 Critical 9-1-1 Circuits. The Federal Communications Commission’s 9-1-1 reliability rules mandate the identification and tagging of certain circuits or equivalent data paths that transport 9-1-1 calls and information (“9-1-1 Data”) to public safety answering points. These circuits or equivalent data paths are defined as Critical 911 Circuits in 47 C.F.R. Section 12.4(a)(5). CenturyLink policies require tagging of any circuits or equivalent data paths used to transport 9-1-1 Data. Customer will cooperate with CenturyLink regarding compliance with these rules and policies and will notify CenturyLink of all Services Customer purchases under this Agreement utilized as Critical 911 Circuits or for 9-1-1 Data. 9.10 International Services. For Services provided outside the United States, Customer or its local affiliate may be required to enter into a separate local country addendum/agreement (as approved by local authorities) (“LCA”) with the respective CenturyLink affiliate that provides the local Service(s). Such CenturyLink affiliate will invoice Customer or its local affiliate for the respective local Service(s). 9.11 Relationship and Counterparts. The relationship between the parties is not that of employer-employee, partners, agents, or joint venturers. This Agreement may be executed in one or more counterparts, all of which taken together will constitute one instrument. Digital signatures and electronically exchanged copies of signed documents will be sufficient to bind the parties to this Agreement. CENTURYLINK COMMUNICATIONS, LLC CITY OF VERNON \1q\1 \s2\ |1s| \s1\ Authorized Signature Authorized Signature \n2\ |1n| \n1\ Name Typed or Printed Name Typed or Printed \t2\ |1t| \t1\ Title Title \d2\ |1d| \d1\ Date Date Customer’s Address for Notices: Person Designated for Notices: CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION LEVEL 3® INTERNET SERVICES SERVICE SCHEDULE OMR #R038754 Op ID #: 56447447 Page 5 of 9 © CenturyLink. All Rights Reserved. CGT v1.071816 1. Applicability. This Service Schedule is applicable where Customer orders Level 3® Internet Services (which may also be called Dedicated Internet Access, Internet Services, High Speed IP, or IP Transit Services on ordering, invoicing or other documentation). The Service is also subject to the Master Service Agreement executed between Level 3 and Customer, and if none, Level 3’s standard Master Service Agreement (the “Agreement”). Level 3 may subcontract the provision of the Service in whole or part, provided that Level 3 remains responsible for the Service to Customer as set forth herein. Capitalized terms used but not defined herein have the definitions given to them in the Agreement. 2. Service Description. Level 3® Internet Services are high speed symmetrical Internet services providing access to the Level 3 IP network and the global Internet (“Service”). The Service is generally available via Ethernet connections from 10/100 Mbps ports to 100Gbps ports, as well as T1/E1, DS3/E3, and SONET connections from OC3/STM1 to OC48/STM16. Additional features and functionality may include: a. IP Addresses. IP Address space with proper justification. b. Primary DNS / Secondary DNS. Primary or Secondary DNS as requested. c. Static routing / BGP peering. Static routing or BGP peering options available. d. On-line bandwidth utilization reports. On-line bandwidth utilization reports available through the customer portal. e. Basic security service. Subject to Customer having Level 3-approved routers, included as part of the Services is a one-time per 12-month period ability to request Level 3 to temporarily (i.e. for up to 24 hours): (i) apply a temporary access control list (ACL) with up to 10 rules on such routers; (ii) set up firewall filters specifying IPs, subnets, ports and protocols, and (iii) configure null routes. Requests that exceed this duration or frequency will be charged at $1000 per hour with a minimum charge of $4000. Customer is encouraged to order additional Services as outlined below. The following services may be available at an additional charge to be set forth in an Order and pursuant to the separate Service Schedules for such services: a. Level 3 MPLS (IPVPN and VPLS) VPN Service. As part of a Converged Service, Customer may order Level 3 MPLS VPN Service, which provides private site-to-site communications over Level 3’s MPLS network. b. Level 3 Enterprise Voice SIP Based Services. As part of a Converged Service or a Converged Voice-Internet Service, Customer may order SIP based enterprise voice for Public Switched Telephone Network connectivity, outbound (1+) access to U.S. (interstate and intrastate) and international locations, inbound (8XX) service, and international toll free calling. c. Managed Router. Managed Router Service provides for Internet access Customer Premises Equipment (“CPE”) management by Level 3. d. Site Readiness. Level 3 will extend cabling from the minimum point of entry (MPOE) to CPE suite. e. MSS-Cloud & MSS-Premise. Managed Firewall, Intrusion Prevention, Managed Web Filtering, Antivirus, Antispam, and Log Management are available as a cloud-based service (“MSS-Cloud”) or as a managed device on premises service (“MSS- Premises”). f. Distributed Denial of Service (DDoS) Mitigation Service. Level 3’s DDoS Mitigation Service provides layers of defense through network routing, rate limiting and filtering that can be paired with advanced network-based detection and mitigation scrubbing center solutions. g. Network Protection Service. Network Protection Service (NPS) is additional Internet security which may be provided in conjunction with Internet Services and provides Customer the ability to request basic Distributed Denial of Service (DDoS) mitigation. h. Dynamic Capacity. Dynamic Capacity provides the ability to augment bandwidth on a near real-time basis via self-service tools. 3. Charges. Customer shall be billed non-recurring charges (“NRC”) and monthly recurring charges (“MRC”) for Service as set forth in Order(s). NRC includes applicable installation charges for local-access circuit, port connection and bandwidth. MRC includes local- access charges, port connection charges, and bandwidth charges. Other charges, including but not limited to usage-based charges, may apply as stated in Order(s). The Services are available with fixed-rate or burstable billing types. Fixed-rate. Service with fixed-rate billing provide a set amount of bandwidth at a fixed-rate MRC. No usage element applies. Customer will not be permitted to exceed the contracted bandwidth level, provided that if Customer also orders Dynamic Capacity (where available) bandwidth and the associated charges may be adjusted as set forth in the separate terms for Dynamic Capacity. Burstable. For Service provided with burstable bandwidth, the MRC is based on Committed Information Rate (“CIR”) (which is also called a Committed Data Rate (“CDR”)). The CIR/CDR is the minimum Internet bandwidth that will be billed to Customer each month regardless of lower actual usage. Usage charges for any usage in excess of the CIR/CDR (burstable usage) will apply on a per Mbps basis at the rate stated in the Order. Burstable usage is billed on a 95th percentile basis. Usage levels are sampled every five minutes, for the previous 5-minute period, on both inbound and outbound traffic. At the end of the bill cycle, the highest 5% of the traffic samples for each inbound and outbound, will be discarded, and the higher of the resulting inbound and outbound values will be used to calculate any applicable usage. If available and identified in the applicable Order, a Peak Information Rate (PIR) or Peak Data Rate (PDR) may apply, which is the maximum available bandwidth. Burstable Services may also be provided on an aggregated basis. For aggregate burstable Service the bandwidth MRC is based on the aggregate Committed Information Rate (“ACIR”) (which is also called an aggregate Committed Data Rate (“ACDR”)). The CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION LEVEL 3® INTERNET SERVICES SERVICE SCHEDULE OMR #R038754 Op ID #: 56447447 Page 6 of 9 © CenturyLink. All Rights Reserved. CGT v1.071816 ACIR/ACDR is the minimum bandwidth that will be charged to Customer each month, regardless of lower actual usage. Usage charges for any usage in excess of the ACIR/ACDR (burstable usage) will apply on a per Mbps basis at the rate stated in the Order. Burstable usage is calculated on a 95th percentile basis across all included ports. If available and identified in the applicable Order, an aggregated Peak Information Rate (APIR) or aggregated Peak Data Rate (APDR) may apply, which is the maximum available bandwidth across all included ports. 4. Customer Responsibilities. Customer is solely responsible for all equipment and other facilities used in connection with the Service which are not provided by Level 3. All IP addresses, if any, assigned to Customer by Level 3 shall revert to Level 3 upon termination of Service, and Customer shall cease using such addresses as of the effective date of termination. 5. On-Net and Off-net Access. Access services provided entirely on the Level 3 owned and operated network (“Network”) are “On-Net Access Services”. Additionally, Level 3 may use third parties to reach Customer’s site from the Level 3 Network (“Off-Net Access Services”). 6. Converged Voice-Internet Service. Where Customer orders Internet Services bundled with Level 3 Enterprise Voice SIP Based Services such charges will show on the invoice as Converged Voice-Internet Service. For clarification, the Converged Voice-Internet Service is treated as a single Service and if Customer wishes to unbundle or terminate a part of the Converged Voice-Internet Service, early termination liability may apply and Customer will be required to execute new orders for the desired stand-alone Service. 7. Service Levels and Service Credits. The following service level agreements (SLAs) apply as set forth below. When Converged Voice-Internet Service is ordered the SLAs below apply in lieu of any SLAs identified in the applicable Level 3 Enterprise Voice SIP Based Service Schedule as referenced above in Section 2. a. Availability Service Level. Level 3’s availability SLA in the United States and Canada is 99.99%. Outside the United States and Canada, the availability SLA is 99.98% for On-Net Access Services and 99.9% for Off-Net Access Service. b. Network Packet Delivery Service Level. The packet delivery SLA on the Level 3 Network is 99.95%. c. Network Latency Service Levels. The latency SLAs on the Level 3 Network are set forth below and are average round-trip. Table A: Network Latency Route Network Latency Metrics Round-Trip Intra-North America < 50 ms* Intra-Europe < 35 ms Intra-Asia < 110 ms Intra-Latin America < 120 ms North America to Europe < 80 ms** North America to Asia < 185 ms** North America to Latin America < 140ms** Europe to Asia < 345 ms** Europe to Latin America < 210 ms** Asia to Latin America < 315 ms** * Additionally, add 90ms from/to the Mexico IP Hub and add 30ms from/to Hawaii to the west coast of the continental United States. ** Additionally, add the applicable “intra-region” latency parameter for the region in which the applicable Customer Site is located d. Credits for SLAs above: All SLA credits will be calculated after deducting any discounts and other special pricing arrangements. Credit percentages are applied to the MRC of the CIR/CDR rate, port charge, and local access circuits for applicable sites only. In no event will SLA credits in any calendar month exceed 100% of the total MRCs for Services hereunder for the affected site(s). i. Availability Service Credit: Service is “Unavailable” (except in the case of an Excused Outage) if the Customer port at a Customer site is unable to pass traffic. Service Unavailability is calculated from the timestamp Level 3 opens a trouble ticket CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION LEVEL 3® INTERNET SERVICES SERVICE SCHEDULE OMR #R038754 Op ID #: 56447447 Page 7 of 9 © CenturyLink. All Rights Reserved. CGT v1.071816 following the report of a problem by the Customer until the time the ticket is closed. If credits are due under this SLA, no other SLAs apply to the same event. If Service is Unavailable for reasons other than an Excused Outage, Customer will be entitled to a service credit off of the MRC for the affected Service based on the cumulative Unavailability of the Service in a given calendar month as set forth in the tables below. Table B: Availability Service Credit - United States and Canada Cumulative Unavailability (hrs:mins:secs) Service Level Credit 00:00:01 – 00:05:00 No Credit 00:05:01 – 00:43:00 5% 00:43:01 – 04:00:00 10% 04:00:01 – 8:00:00 20% 08:00:01 – 12:00:00 30% 12:00:01 – 16:00:00 40% 16:00:01 – 24:00:00 50% 24:00:01 or greater 100% Table C: Availability Service Credit - On-Net Access Services outside the U.S. and Canada Cumulative Unavailability (hrs:mins:secs) Service Level Credit 00:00:01 – 00:10:00 No Credit 00:10:01 – 00:43:00 5% 00:43:01 – 04:00:00 10% 04:00:01 – 8:00:00 20% 08:00:01 – 12:00:00 30% 12:00:01 – 16:00:00 40% 16:00:01 – 24:00:00 50% 24:00:01 or greater 100% Table D: Availability Service Credit- Off-Net Access Services outside the U.S. and Canada Cumulative Unavailability (hrs:mins:secs) Service Level Credit 00:00:01 – 00:43:00 No Credit 00:43:01 – 04:00:00 10% 04:00:01 – 8:00:00 20% 08:00:01 – 12:00:00 30% 12:00:01 – 16:00:00 40% CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION LEVEL 3® INTERNET SERVICES SERVICE SCHEDULE OMR #R038754 Op ID #: 56447447 Page 8 of 9 © CenturyLink. All Rights Reserved. CGT v1.071816 16:00:01 – 24:00:00 50% 24:00:01 or greater 100% ii. Network Packet Delivery Service Credits. Packet Delivery SLAs are based on monthly average performance between Level 3 designated points of presence (“POPs”). Customer will be entitled to a service credit off of the MRC for the affected Service as set forth below for the Service parameter(s) not met for reasons other than an Excused Outage. Customer will not be entitled to credits under the packet delivery SLA for the affected Service where such failure is related to Unavailability under the Availability SLA. Table E: Packet Delivery Service Credit Packet Delivery Metrics Percentage Credit 99.95% or greater No Credit 99.94% - 99.0% 10% 98.99% - 96.0% 30% 95.99% or less 50% iii. Network Latency Service Credits. Network latency SLAs are based on monthly average performance between Level 3 designated points of presence (“POPs”). Customer will be entitled to a service credit off of the MRC for the affected Service as set forth below for the Service parameter(s) not met for reasons other than an Excused Outage. Customer will not be entitled to credits under the network latency SLA for the affected Service where such failure is related to Unavailability under the Availability SLA. Table F: Network Latency Service Credit Delay Exceeding Network Latency Metrics Percentage Credit 1- 10 ms 10% 11- 25 ms 30% 26 ms or greater 50% e. Chronic Outage. As its sole remedy, Customer may elect to terminate an affected Service, or if applicable an affected Converged Voice-Internet Service, hereunder prior to the end of the Service Term without termination liability if, for reasons other than an Excused Outage, such Service becomes Unavailable (as defined in Section 7(d)(i) above) twice during a 30-day period, and becomes Unavailable a third time within 30 days following the second event. Customer may only terminate such Service that is Unavailable as described above, and must exercise its right to terminate the affected Service under this Section, in writing, within 30 days after the event giving rise to the termination right. For clarification, termination of a Converged Voice-Internet Service will result in termination of all applicable Services bundled together as the Converged Voice-Internet Service under the Order. f. Installation Service Level. Level 3 will exercise commercially reasonable efforts to install any Service on or before the Customer Commit Date for the particular Service. This installation SLA shall not apply to Orders that contain incorrect information supplied by Customer or Orders that are altered at Customer's request after submission and acceptance by Level 3. In the event Level 3 does not meet this installation SLA for reasons other than an Excused Outage, Customer will be entitled to a service credit for each day of delay equal to the charges for 1 day of the pro rata share of the MRC associated with the affected Service up to a monthly maximum credit of 10 days. For Services billed on an Aggregate CIR/CDR basis, the charges for 1 day of the pro rata share of the MRC will be calculated based on the average MRC per port for the aggregate. 8. Resale Restriction. Notwithstanding anything to the contrary in the Agreement, Customer is prohibited from reselling any Internet Service or any ports provided hereunder as a stand-alone service to a third party without the express written consent of Level 3, CENTURYLINK MASTER SERVICE AGREEMENT STATE, LOCAL AND EDUCATION GOVERNMENT AGENCIES VERSION LEVEL 3® INTERNET SERVICES SERVICE SCHEDULE OMR #R038754 Op ID #: 56447447 Page 9 of 9 © CenturyLink. All Rights Reserved. CGT v1.071816 provided, however that Customer may bundle any Internet Service or any ports provided pursuant to this Service Schedule with any other Level 3 services (to the extent resale of those service is allowed) or the services of Customer and resell such bundled service to Customer’s subscribers and its customers. The Parties agree that the preceding is not applicable to Converged Voice-Internet Service, and Customer is prohibited from reselling any Converged Voice-Internet Service unless the parties enter into an amendment signed by authorized representatives of both parties. 9. Latin American Services. With respect to Services provided in Latin America, Customer agrees that it (or its local Affiliate) will enter into a separate local country addendum/agreement (as approved by local authorities) (“LCA”) with the respective Level 3 Affiliate which provides the local Service(s), containing terms necessary to comply with local laws/regulations, and such Level 3 Affiliate will invoice the Customer (or its local Affiliate) party to the LCA for the respective local Service(s). 10. Level 3 Arranged Third Party Procured Internet Services. For certain Service locations (including but not limited to where Level 3 may lack relevant licenses to provide such service), Level 3 may agree to arrange Internet services using third party providers (“Third Party Internet Service”). Service options vary on a country by country basis and may include access to the Internet via overbooked and/or non-overbooked connections, DSL technology, private leased circuits (fixed or wireless) and/or Satellite. Specific service details (access type, e.g. downstream/upstream speed, customer premises equipment requirements and number of IP addresses) also differ on a country by country basis. Customer understands and acknowledges that Third Party Internet Service will, if requested by Customer, be provided by third party subcontractor(s) to Level 3 and accordingly, is provided on a best effort and as-is basis. Notwithstanding the foregoing, Customer may report faults and/or outages in Third Party Internet Access to Level 3 on a 24x7 basis and in such circumstances Level 3 will contact the applicable third party service provider with a view to restoring service as quickly as possible. Customer will reasonably cooperate with the requests of such providers of Third Party Internet Service to enable installation, maintenance, repair and disconnection of Services. ATTACHMENT Document No. DOC-0000642289 Scenario: SM1027839 Service Order Confidential Page 1 of 3 Customer Information and Contract Specifications Customer Name: CITY OF VERNON Account Number: 1-BWM-42 Currency: USD Monthly Recurring Charges (MRC): $3,910.65 Non Recurring Charges (NRC): 0 Service Order Service Address Description Order Type Term (Months) Qty Unit MRC Unit NRC Total MRC Total NRC 4305 S SANTA FE AVE VERNON CALIFORNIA UNITED STATES 90058 1714 Dedicated Internet Access Modify 36 1 Access - Off Net 1 $1,210.65 $0.00 $1,210.65 $0.00 - Bandwidth = GigE - Access Sub Bandwidth=1000 Mbps - Off Net Protection=All - Inside Wiring=Standard Delivery - To the MPoE (Customer Provided) IP Logical 1 $2,700.00 $0.00 $2,700.00 $0.00 - Billing Method=Flat Rate - Peak Data Rate in Mbps=1000 - Committed Data Rate in Mbps=1000 IP Port 1 $0.00 $0.00 $0.00 $0.00 Subtotal $3,910.65 $0.00 Totals $3,910.65 $0.00 Terms and Conditions Governing This Order 1. This confidential Order may not be disclosed to third parties and is non-binding until accepted by CenturyLink, as set forth in section 4. Customer places this Order by signing (including electronically or digitally) or otherwise acknowledging (in a manner acceptable to CenturyLink) this document and returning it to CenturyLink. Pricing is valid for 90 calendar days from the date indicated unless otherwise specified. 2. Prior to installation, CenturyLink may notify Customer in writing (including by e-mail) of price increases due to off-net vendors. Customer has 2 business days following notice to terminate this Order without liability; or otherwise, Customer is deemed to accept the increase. 3. If a generic demarcation point (such as a street address) is provided, the demarcation point for on-net services will be CenturyLink’s Minimum Point of Entry (MPOE) at such location (as determined by CenturyLink). Off-net demarcation points will be the off-net vendor's MPOE. If this Order identifies aspects of services that are procured by Customer directly from third parties, CenturyLink is not liable for such services. Document No. DOC-0000642289 Scenario: SM1027839 Service Order Confidential Page 2 of 3 4. The Service identified in this Order is subject to the CenturyLink Master Service Agreement(s) and applicable Service Schedule(s) between CenturyLink Communications, LLC and Customer (or its affiliate if expressly provided for under such affiliate Master Service Agreement). If Customer has not executed a CenturyLink Master Services Agreement with CenturyLink Communications, LLC but has executed a services agreement for applicable services with an affiliate of CenturyLink ("Affiliate Agreement"), then the terms of the most recent Affiliate Agreement will apply to the Service (to the extent not inconsistent with this Order); in such cases, the current standard Service Schedule applicable to the Services will apply. If CenturyLink and Customer have not executed a CenturyLink Master Service Agreement and/or applicable Service Schedule(s) governing the Service and have not executed an Affiliate Agreement, CenturyLink's current standard Master Service Agreement/Service Schedule(s) will govern, a copy of which are available upon request. The CenturyLink invoicing entity is the entity providing Services. Notwithstanding anything in any Affiliate Agreement to the contrary, CenturyLink will notify Customer of acceptance of requested Service in this Order by delivering (in writing or electronically) the date by which CenturyLink will install Service (the “Customer Commit Date”), by delivering the Service, or by the manner described in a Service Schedule. CenturyLink will deliver a written or electronic notice that the Service is installed (a “Connection Notice”), at which time billing will commence. At the expiration of the Service Term, Service will continue month-to-month, and rates are subject to change upon 30 days’ notice from CenturyLink. If the Affiliate Agreement governs and does not include early termination charges and if Customer cancels or terminates Service for any reason other than CenturyLink’s uncured default or if CenturyLink terminates due to Customer’s uncured default, then Customer will pay CenturyLink’s standard early termination liability charges as identified in CenturyLink’s ancillary charge summary, a copy of which is available upon request. “Affiliate Agreement” for CenturyLink Communications, LLC or any companies that were affiliates of CenturyLink Communications, LLC before the merger between CenturyLink and Level 3 Communications (“Merger”) means only an applicable Interexchange Carrier (IXC) network agreement, e.g. CenturyLink Total Advantage Agreement, CenturyLink Total Advantage Express Agreement, or CenturyLink Wholesale Services Agreement, for non-government customers (each, a CenturyLink Affiliate Agreement). Affiliate Agreement also includes an Agreement between Customer and any entity that was an affiliate of Level 3 Communications before the Merger. 5. Neither party will be liable for any damages for lost profits, lost revenues, loss of goodwill, loss of anticipated savings, loss of data or cost of purchasing replacement service, or any indirect, incidental, special, consequential, exemplary or punitive damages arising out of the performance or failure to perform under this Order. Customer's sole remedies for any nonperformance, outages, failures to deliver or defects in Service are contained in the service levels applicable to the affected Service. 6. All transport services ordered from CenturyLink will be treated as interstate for regulatory purposes. Customer may certify transport service as being intrastate (for regulatory purposes only) in a format as required by CenturyLink, but only where the transport services are sold on a stand-alone basis, the end points for the service are located in the same state and neither end point is a CenturyLink provided IP port ("Intrastate Services"). Where Customer requests that services be designated as Intrastate Services, Customer certifies to CenturyLink that not more than 10% of Customer's traffic utilizing the Intrastate Services will be originated or terminated outside of the state in which the Intrastate Services are provided. Such election will apply prospectively only and will apply to all Intrastate Services stated in this Order. 7. Charges for certain Services are subject to (a) a monthly property tax surcharge and (b) a monthly cost recovery fee per month to reimburse CenturyLink for various governmental taxes and surcharges. Such charges are subject to change by CenturyLink and will be applied regardless of whether Customer has delivered a valid tax exemption certificate. For additional details on taxes and surcharges that are assessed, visit www.centurylink.com/taxes. 8. Customer will pay CenturyLink's standard: (a) expedite charges (added to the NRC) if Customer requests a delivery date inside CenturyLink's standard interval duration (available upon request or at https://MyLevel3.net) and (b) ancillary charges for additional activities, features or options as set forth in CenturyLink's ancillary charge summary, a copy of Document No. DOC-0000642289 Scenario: SM1027839 Service Order Confidential Page 3 of 3 which is available upon request. If CenturyLink cannot complete installation due to Customer delay or inaction, CenturyLink may begin charging Customer and Customer will pay such charges. 9. Equipment provided by CenturyLink to be located in Customer’s premises (“CPE”) is subject to the terms of the Customer Premise Equipment Addendum, a copy of which is available upon request. For colocation, data center and/or hosting services, pre-arranged escorted access may be required at certain locations, and cross connect services are subject to whether facilities are available at the particular location to complete the connection. 10. For Level 3 Internet Services provided in certain countries in the Asia-Pacific region where CenturyLink does not currently hold a license to provide such Services, Customer consents to CenturyLink providing Service by procuring services of third-party carriers as Customer’s agent, and Customer appoints CenturyLink as its agent to the extent necessary to obtain such Service. CenturyLink’ s affiliate is licensed in Hong Kong, Japan, Singapore and Australia. v. March 4 2019 Additional Order Terms Invoices Single prices shown above for bundled Services, or for Services provided at multiple locations, will be allocated among the individual services for the purpose of applying Taxes and regulatory fees and also may be divided on the Customer’s invoice by location served. Activation Support If requested by Customer, and for an additional charge assistance with activating and/or configuring equipment on Customer’s side of the Demarcation Point may be provided (“Activation Support”). Signature Block Customer: CITY OF VERNON Total MRC: $3,910.65 Total NRC: 0 Signature: {{_es_signer_signature }} Name: {{_es_signer_fullname }} Title: {{_es_signer_title }} Date: {{_es_signer_date }} Customer and the individual signing above represent that such individual has the authority to bind Customer to this Agreement. Document Generation Date: 04-25-2019 ADDENDUM Page 1 OMR #R038754 ADDENDUM TO SERVICE ORDER DOCUMENT NO. DOC-0000642289 This Addendum ("Addendum") (i) is entered into by and between CenturyLink Communications, LLC (“CenturyLink”), on behalf of itself and its affiliated entities, and CITY OF VERNON, and (ii) modifies Customer Quote/Order Document Number DOC-0000642289 to be signed by Customer at the same time as this Addendum (the "Customer Order"), a copy of which is attached and incorporated by reference. This Addendum is effective as of the date executed by both parties. WHEREAS, the parties wish to amend the Customer Order as set forth herein. NOW THEREFORE, the parties agree to modify the Customer Order in the following limited respects: 1. Section 1 of the Customer Order is amended by deleting “confidential” and “may not be disclosed to third parties and” in the first Sentence. 2. Limited to Relevant Customer Order. The parties acknowledge and agree that this Addendum shall apply to the Customer Order and shall have no applicability to any other order(s) that Customer may have otherwise submitted or may submit to CenturyLink in the future. All other Terms and Conditions will remain in effect. Page 2 OMR #R038754 These terms and conditions have been read, are understood, and are hereby accepted. CenturyLink Communications, LLC CITY OF VERNON By By Name Name Title Title Date Date City Council Agenda Item Report Agenda Item No. COV-324-2019 Submitted by: Michelle Tolmasoff Submitting Department: Public Utilities Meeting Date: August 6, 2019 SUBJECT A Resolution Approving and Authorizing the Execution of a Service Level Performance Agreement for Upstream Internet Access Services with Broadband, LLC, and Repealing All Resolutions in Conflict Therewith Recommendation: A. Find that approval of the proposed action in this staff report is exempt under the California Environmental Quality Act ("CEQA"), because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378; and B. Adopt a Resolution approving and authorizing the execution of a Service Level Performance Agreement for Upstream Internet Access Services with Broadband, LLC, and Repealing All Resolutions in Conflict Therewith. Background: The Public Utilities Department’s ("VPU") Fiber Optics based Internet Access Service receives dedicated wholesale internet circuits from two upstream service providers. Contracting with two source providers affords VPU the redundancy necessary for the reliable delivery of commercial internet access services to residents and businesses in Vernon using VPU’s fiber optic network distribution infrastructure. The redundant circuits ensure system reliability and customer service up-time. VPU is currently connected to the Broadband LLC ("Broadband") network. Historically, Broadband's service delivery has met VPU’s Internet Access Services reliability requirements in a responsible manner. On January 15, 2019, City Council adopted Resolution No. 2019-02 which approved and authorized a Service Level Performance Agreement for Upstream Internet Access Services with Broadband ("Agreement"). Due to the recent changes in City staffing, the Agreement was executed, but the upgrade was not activated as the final electronic approval was sent to VPU staff no longer at the City. At this time, the service order for the upgrade was placed on hold while staff explored the best upgrade option to meet current and future City needs. After a thorough assessment of the proposed upgrade to 500 Mbps and the City's Fiber Optic system, staff concluded it would be most beneficial for the City and its customer base to opt out of the service upgrade of 500 Mbps and upgrade to a greater service capacity of 1,000 Mbps (1 Gbps) as it would look to obtain the same level upgrade with its other upstream service provider. The recommended upgrade will provide a higher quality of service and speed options for VPU's users in addition to providing the ability to market and sustain future growth. With the increase in bandwidth, VPU will look to update its current offerings and service packages for its customers and re-design the distribution system in order to grow and be able to service more customers. The agreement with Broadband is exempt from both the competitive bidding and competitive selection requirements pursuant to Vernon Municipal Code § 2.17.12(A)(6) and 2.17.12(B)(1) because this is a contract for the acquisition or transmission of telecommunications for the Public Utilities Department and it would be commercially unreasonable to procure these services through standard bidding or the request for proposal procedure. Currently, VPU procures a month-to-month service from Broadband which offers a bandwidth of 200 Mbps for a monthly charge of $4,250 (tax included). Broadband has provided an updated quote for the 1,000 Mbps upgrade with a new monthly charge of $4,139 (tax included). It is in the best interest of the City to repeal Resolution No. 2019-02 and commit to a new three-year term Agreement with Broadband for an upgrade that will grant VPU five times the amount of bandwidth for a lesser monthly cost, an amount not-to-exceed $157,550 over the term of the Agreement. As a part of this Agreement, staff will be able to establish firm monthly rates that are not subject to increases throughout the entire term of thirty-six (36) months, thereby ensuring that VPU is not only capable of providing valuable and reliable internet service to its residents and business customers, but is also able to manage this expenditure as a fixed cost for a longer term. The cost savings will benefit the rate structure ultimately affecting customers. Broadband has provided a Service Order Form, Terms and Conditions, and Addendum, which the City Attorney’s office has reviewed and approved as to form. Fiscal Impact: The not-to-exceed amount of $157,550, includes the 36-month service commitment with Broadband, estimated taxes, and the additional funds to pay two (2) months of charges at the current rate until the upgrade is completed. This expense has been included in VPU's proposed budget for the Fiber Optic Division for fiscal year 2019-2020 and will be budgeted accordingly in subsequent years. If approved, the expense will be charged to account 057.1057.500173. ATTACHMENTS 1. Resolution - Service Level Performance Agreement with Broadband LLC RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SERVICE LEVEL PERFORMANCE AGREEMENT FOR UPSTREAM INTERNET ACCESS SERVICES BY AND BETWEEN THE CITY OF VERNON AND BROADBAND, LLC AND REPEALING ALL RESOLUTIONS IN CONFLICT THEREWITH WHEREAS, on August 3, 2005, the City Council of the City of Vernon (“Vernon” or the “City”) adopted Resolution No. 8818 approving a Dedicated Internet Access Service Agreement, Bandwidth.Com Internet Access Service Level Agreement and Internet Services Order Form dated on or about August 17, 2005, with Bandwidth.Com, Inc. (“Bandwidth”) for upstream service provider services to assist the City in providing dedicated internet access services to Vernon businesses using Vernon’s fiber optic network infrastructure (collectively, the “Master Agreement” and the aforementioned services, the “Services”); and WHEREAS, on June 5, 2007, the City Council of the City of Vernon adopted Resolution No. 9351, renewing the Master Agreement for the period of July 1, 2007 through June 30, 2008; and WHEREAS, on May 19, 2008, the City Council of the City of Vernon adopted Resolution No. 9620, renewing the Master Agreement for the period of July 1, 2008 through June 30, 2009; and WHEREAS, on July 13, 2009, the City Council of the City of Vernon adopted Resolution No. 10,016, renewing the Master Agreement for the period July 1, 2009 through June 30, 2010; and WHEREAS, on April 19, 2011, the City Council of the City of Vernon adopted Resolution No. 2011-61, renewing the Master Agreement for an additional twelve (12) months; and WHEREAS, on January 22, 2013, the City Council of the City -2 - of Vernon adopted Resolution No. 2013-13 approving an Agreement for Continuation and Upgrade of Dedicated Internet Access Services (the “Continuation Agreement”) with Broadband, LLC, a wholly owned subsidiary of Bandwidth.com, Inc. (“Broadband”), for a period of two years; and WHEREAS, on December 9, 2014, by minute order, the City Council of the City of Vernon approved an agreement for continuation of Services for a three-year period; and WHEREAS, on January 15, 2019, the City Council of the City of Vernon adopted Resolution No. 2019-02 approving and authorizing the execution of a Service Level Performance Agreement for upstream internet access services with Broadband; and WHEREAS, the Agreement approved via Resolution 2019-02 included an upgrade of 500 Mbps but was never activated; and WHEREAS, by memorandum dated August 6, 2019, the Public Utilities Department has recommended that the City approve a Service Level Performance Agreement for upstream internet access services with Broadband, which includes a greater service capacity of 1,000 Mbps; and WHEREAS, the City Council of the City of Vernon desires to approve the upgraded Service Level Performance Agreement for upstream internet access services with Broadband. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct. SECTION 2: The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality -3 - Act (“CEQA”) review, because it is a governmental administrative activity that will not have any effect on the environment and is therefore not a “project” as that term is defined by CEQA Guidelines section 15378. SECTION 3: The City Council of the City of Vernon hereby approves the Service Level Performance Agreement with Broadband, LLC, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 4: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute said Agreement for, and on behalf of, the City of Vernon and the Interim City Clerk is hereby authorized to attest thereto. SECTION 5: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein. SECTION 6: All resolutions or parts of resolutions, including Resolution No. 2019-02, not consistent with or in conflict with this resolution are hereby repealed. SECTION 7: The City Council of the City of Vernon hereby directs the Interim City Clerk, or the Interim City Clerk’s designee, to send a fully executed Agreement to Broadband, LLC. / / / / / / / / / / / / -4 - SECTION 8: The Interim City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the Interim City Clerk, of the City of Vernon shall cause this resolution and the Interim City Clerk’s certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 6th day of August, 2019. Name: Title: Mayor / Mayor Pro-Tem ATTEST: Deborah Harrington, Interim City Clerk APPROVED AS TO FORM: Zaynah Moussa, Senior Deputy City Attorney -5 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Deborah Harrington, Interim City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, August 6, 2019, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of August, 2019, at Vernon, California. Deborah Harrington, Interim City Clerk (SEAL) EXHIBIT A Service Order Form Upgrade Prepared For: City of Vernon Valid Until: August 14, 2019 Service Address: 4305 Santa Fe Avenue Vernon, CA 90058 , Billing Address: 4305 Santa Fe Avenue Vernon, CA 90058 Service:Category:Speed (Mbps) Term (Mo.) Monthly Cost Install Charge Circuit GigE 1000.00 / 1000.00 36 $4,139.00 $0.00 TOTAL $4,139.00 $0.00 By its signature below, Customer authorizes Broadband, LLC and its affiliates to obtain a credit report(s) from any credit reporting service(s) and to rely on such credit report(s) to evaluate Customer. UPON EXECUTION OF THIS SERVICE ORDER FORM (“SOF”) BY BROADBAND, LLC, THIS SOF CONSTITUES AN AGREEMENT BETWEEN BROADBAND, LLC AND CUSTOMER. RATES AND CHARGES AS SET FORTH ON THIS SOF DO NOT INCLUDE APPLICABLE FEDERAL, STATE, OR LOCAL TAXES, AND ALL USE, SALES, COMMERCIAL, GROSS RECEIPTS, PRIVILEGE, SURCHARGES, OR OTHER SIMILAR TAXES, LICENSE FEES, MISCELLANEOUS FEES, AND SURCHARGES, FOR WHICH CUSTOMER IS RESPONSIBLE. Termination by Customer during any applicable Service Term (as defined in the applicable Terms and Conditions) shall be a Default (as defined in the applicable Terms and Conditions) and will result in liquidated damages as set forth in the applicable Terms and Conditions. By its signature below, Customer certifies that it has reviewed and agrees to be bound by (i) the applicable Terms and Conditions for all Services listed on this SOF, which are posted at: www.broadband.com/legal, and (ii) the Acceptable Use Policy posted at: www.broadband.com/legal, all of which are fully incorporated herein by reference. Customer Acceptance Broadband, LLC Acceptance Name: \n1\Name: Signature: \s1\Signature: Date: \d1\Date: Page 1 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011       TERMS  AND  CONDITIONS     These Service Terms and Conditions (the “Terms and Conditions”) apply to the Services (as defined below) described in the Service Order Form (“SOF”) by and between Bandwidth.com, Inc. (“Provider”) and the customer named in the SOF (“Customer”). Provider may amend these Terms and Conditions from time to time by posting an amended version at www/broadband.com/legal/terms and sending Customer written notice thereof. Such amendment will be deemed accepted and become effective thirty (30) days after such notice (the “Proposed Amendment Date”) unless Customer first gives Provider written notice of rejection of the amendment. If Customer rejects such amendment, these Terms and Conditions will continue pursuant to its original provisions and the amendment will become effective at the commencement of the next Renewal Term (as defined below) following the Proposed Amendment Date. Customer’s continued use of the Services following the effective date of an amendment will confirm Customer’s consent thereto. 1. Service Description. Provider will provide Customer with the Services described in the SOF for the Service Term so long as no Default (as defined below) has occurred. Customer has the sole and exclusive responsibility for the installation, configuration, security (including, without limitation, firewall security policies, even if Customer uses a third party to configure and implement such measures), and integrity of all Customer facilities, systems, equipment, proxy servers, software, networks, network configurations and the like (the “CPE”) used in conjunction with or related to the Services provided by Provider, unless Customer obtains such CPE from Provider pursuant to a written agreement between Customer and Provider and Provider expressly assumes any of such duties in writing. 2. Service Activation Date. The “Service Activation Date” means the date two (2) business days after Provider deems the applicable Services ready for activation, which customarily will follow Provider’s receipt of confirmation from any applicable underlying carrier(s) that the Services are ready for activation; provided, however, with respect to MPLS Services (as defined below) only (as identified on the SOF), the “Service Activation Date” means the earlier of (i) the date two (2) business days after Provider deems the Services ready for activation, which customarily will follow Provider’s receipt of confirmation from any applicable underlying carrier(s) that the Services are ready for activation; and (ii)  the  date  the  Service  is  successfully  activated  by  the  underlying  carrier  and  confirmed  tested  and  accepted  by  Customer  and   Provider. Provider will notify Customer (via phone, email or other means) of the Service Activation Date. For clarity, the Service Activation Date established by Provider will apply regardless of whether Customer has completed all necessary steps to activate the Services. 3. Service Term. The initial Service Term will be as specified in any applicable SOF (the “Initial Service Term”). The Initial Service Term will automatically extend thereafter upon the same terms and conditions applicable during the Initial Service Term for additional consecutive term(s) of one (1) year unless earlier terminated pursuant to these Terms and Conditions or unless either party provides notice of nonrenewal to the other at least sixty (60) days prior to the expiration of the then existing Service Term. 4. Service Availability. Provider may from time to time interrupt or otherwise impact Services for routine maintenance. Provider will make commercially reasonable efforts to provide to Customer reasonable advance notification (via phone, email or other means) of such maintenance. Provider will use commercially reasonable efforts to perform such maintenance in a manner that will not unreasonably interrupt Services. Provider normally will perform maintenance between the hours of 11:30 PM and 6:00 AM Eastern. If Provider determines that emergency maintenance is necessary for any reason, Provider will make commercially reasonable efforts to notify Customer with respect to the anticipated down-time and/or other information pertinent to the affected Services. 5. Service Support. Provider provides support for the Services only as described at www.broadband.com/legal/support pursuant to any applicable Service Level Agreement (“SLA”) posted at www.broadband.com/legal/SLA. NOTWITHSTANDING ANY TERM OF THESE TERMS AND CONDITIONS OR ANY APPLICABLE SLA TO THE CONTRARY, PROVIDER DOES NOT SUPPORT ANY SERVICES BEYOND THE PROVIDER POINT OF DEMARCATION, DEFINED AT WWW.BROADBAND.COM/LEGAL/SUPPORT. 6. Applicable Only If Customer Leases CPE from Provider: If  Customer  installation  is  required,  then  Customer  must  install  such  leased   CPE  in  accordance  with  instructions  provided  by  Provider  (or  its  third  party  vendor).    Such  CPE  must  be  used  solely  to  utilize  Services.     Customer  acknowledges  and  agrees  that  Provider  retains  title  to  such  CPE  at  all  times  and  will  not  remove  or  modify  any  marking   indicating  Provider’s  ownership  of  such  CPE.    Customer will allow Provider reasonable access to the CPE as required to provide the CPE and/or any applicable Services. Customer acknowledges and agrees that any such leased CPE may be new or recertified. CPE leased by Customer from Provider may be covered under a limited warranty provided by any applicable manufacturer or provider, which Provider will extend to Customer without charge to the extent Provider can do so pursuant to Provider’s agreements with any applicable manufacturer or provider; however, Provider provides no warranty with respect to any such leased CPE (and/or CPE provider service). Customer will reimburse Provider, on a time and materials basis, for Provider’s entire cost to repair and/or replace any such CPE in the event of (a) misuse, (b) failure to exercise reasonable care, (c) alteration of the original configuration of such CPE by Provider, (d) damage, (e) theft, or (f) disaster. If such CPE requires maintenance not caused by one of the events set out in the preceding sentence, Provider (or its agents) will either arrange to repair such CPE at Customer’s premises or ship an equivalent pre-configured replacement to Customer. If Provider ships replacement CPE to Customer at any time, Customer will return, at Customer’s cost and expense, the replaced CPE to Provider not later than ten (10) days immediately after Customer’s receipt of the replacement CPE or pay for such replaced CPE. Customer will not receive any compensation or credit for any Page 2 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 downtime or outages associated with the replacement or repair of any such CPE. Upon expiration or termination of these Terms and Conditions and/or any applicable SOF for any reason, Customer will return, at Customer’s cost and expense, to Provider any leased CPE not later than ten (10) days immediately after the expiration or termination of these Terms and Conditions and/or any applicable SOF. Customer is responsible for all risk of loss and damage to CPE being shipped to Provider pursuant to this Section 6. If Customer fails to return such leased CPE in good working condition to Provider not later than thirty (30) days immediately after the expiration or termination of the Service Term, Provider will charge Customer (and Customer agrees to pay Provider) the greater of $5,000.00 or the commercial value of such CPE, which amount represents the agreed-upon value of the CPE. If Customer terminates any applicable lease of any CPE prior to the expiration or termination of any applicable Service Term, in addition to any amounts otherwise due and payable pursuant to the terms and conditions of such lease, Provider may charge Customer a restocking fee equal to twenty percent (20%) of the original purchase price of such leased CPE. Notwithstanding any terms or conditions of any SLA to the contrary, except as otherwise expressly provided in this Section 6, Provider does not maintain, support or manage any CPE, which will be the obligation of Customer solely. Customer is solely responsible for unauthorized access to or use of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or fraudulent and regardless of whether Customer had knowledge of such unauthorized access. 7. Applicable Only If Customer Purchases CPE from Provider: CPE purchased by Customer from Provider may be covered under a limited warranty provided by any applicable manufacturer or provider, which Provider will extend to Customer without charge to the extent Provider can do so pursuant to our agreements with any applicable manufacturer or provider; however, Provider provides no warranty with respect to any such purchased CPE (and/or CPE provider service). All sales of CPE purchased by Customer from Provider are final; provided, however, if Customer receives purchased CPE that is damaged or nonfunctional upon arrival, (i) within ten (10) days of receipt of such damaged or nonfunctional CPE, Customer must notify Provider via email to Customer Care at customercare@broadband.com to request an RMA; (ii) Provider only will accept returns of any such damaged or nonfunctional products within thirty (30) days of the date of the shipment to Customer by Provider; (iii) any such damaged or nonfunctional CPE timely returned to Provider by Customer must be fully complete, including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment to Customer; (iv) Provider will not accept CPE returned in used or altered condition; (v) Customer is solely responsible for all costs and expenses connected to the shipment to Provider of any such damaged or nonfunctional products shipped to Provider pursuant to this Section 7; (vi) Customer is responsible for all risk of loss and damage to products being shipped to Provider pursuant to this Section 7; and (vii) if Provider determines that the CPE operates within manufacturer specifications upon return pursuant to any applicable RMA, the affected CPE will be returned to Customer at Customer’s sole cost and expense, the sale of such CPE will remain final, and Provider may charge Customer a restocking fee equal to twenty percent (20%) of the original purchase price of such CPE. Notwithstanding any terms or conditions of any SLA to the contrary, except as otherwise expressly provided in this Section 7, Provider does not maintain, support or manage any CPE, which will be the obligation of Customer solely. Customer is solely responsible for unauthorized access to or use of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or fraudulent and regardless of whether Customer had knowledge of such unauthorized access. 8. Applicable Only If Customer Obtains Managed Network Services Pursuant to Any Applicable SOF: “Managed Network Services” are Services that may be specified in writing as “Managed Network Services” pursuant to any applicable SOF and is a solution in which the Internet access CPE (whether provided by Customer or Provider) is managed by Provider. If Customer chooses to provide its own Internet access CPE, Customer hereby assigns full operational management responsibility, including, but not limited to, full management of the logical configuration for such CPE, solely to Provider. Except as expressly provided in any applicable SOF, no Managed Network Services apply. 9. Applicable Only If Customer Obtains Professional Services Pursuant to Any Applicable SOF: “Professional Services” are any services that may be specified in writing as “Professional Services” pursuant to any applicable SOF and is a service in which Provider provides certain professional services to Customer as specified in such SOF. Except as expressly provided in any applicable SOF, no Professional Services apply. All Professional Services will be provided by phone, email or other similar means from Provider’s facilities. 10. Billing and Payment. Unless the terms and conditions of any applicable SOF provide for prepayment to Provider by Customer with respect to any applicable Service(s), Customer will pay for all Service(s) not later than the date fifteen (15) calendar days immediately after the invoice date reflected on Provider’s invoice (“Due Date”). Provider will bill Customer, and Customer will pay, for Services at the rates stated in any applicable SOF, including, without limitation, any applicable MRC and/or NRC, as well as any other charges or amounts as described in the SOF and/or these Terms and Conditions. After any applicable Initial Service Term, Provider may increase any applicable rates, including, without limitation, any applicable MRC and/or NRC, upon at least thirty (30) days written notice to Customer; provided, however, Provider may at any time pass on to Customer any circuit price increases from any applicable underlying carrier(s) upon at least thirty (30) days written notice to Customer. Bills and/or charges will include all applicable federal, state, and local taxes; all such taxes, and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees, surcharges and miscellaneous fees, including but not limited to regulatory fees such as Universal Service Fund and including, without limitation, any cost recovery fee which shall represent an accurate and non-inflated recovery of Provider’s, or any underlying provider’s, miscellaneous tax, surcharge, and fee payments to federal, state or local governmental authorities associated with the provision of Services by Provider to Customer pursuant to these Terms and Conditions and/or any applicable SOF (“Taxes” and “Fees” or together “Taxes and Fees”), whether or not charged to or against Provider, will be payable by Customer. However, if Customer provides proof of its exempt status for a specific Tax or Fee, Provider will not charge the applicable Tax or Fee due to such exemption. If applicable, Customer will supply Provider a valid and properly executed tax exemption certificate(s) in the form of an email (with supporting attachments) sent to customercare@broadband.com with “Notice of Tax Exempt Status” in the subject line of the email. In such cases Customer remains responsible for, and agrees to pay, any and all remaining non-exempt Taxes and Fees; tax exemption status validation is solely the responsibility of Customer and Provider will not be obligated to consider any retroactive tax exemption. In the event of any Regulatory Activity, Provider reserves the right, at any time with as much advance notice as reasonably possible and without liability, to: (i) Page 3 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 pass through to Customer all, or a portion of, any Taxes and Fees directly or indirectly related to such Regulatory Activity; (ii) modify the Services, rates (including any applicable rate guarantees), promotions, terms and/or conditions of these Terms and Conditions and/or any applicable SOF to conform to such Regulatory Activity; and/or (iii) if such Regulatory Activity materially and adversely impairs the provision of Services pursuant to these Terms and Conditions and/or any applicable SOF, as reasonably determined by Provider, terminate these Terms and Conditions, any applicable SOF and/or the provision of any applicable Services. Provider will commence billing for all MRC and any other charges pursuant to these Terms and Conditions and/or any applicable SOF on any applicable Service Activation Date. Except as expressly provided in any applicable SOF, the MRC applicable to any applicable Service for the first and second calendar months immediately following the applicable Service Activation Date (and any then applicable NRC) will be billed upon the Service Activation Date. If applicable, the MRC applicable to any applicable Service for the first partial calendar month immediately following the applicable Service Activation Date will be pro rated and billed accordingly. Thereafter, the applicable MRC for each calendar month (and any applicable NRC) will be billed on or about the first day of such calendar month. Time is of the essence with respect to any amounts due or payable pursuant to these Terms and Conditions and/or any applicable SOF. After fifteen (15) days of non-payment after the Due Date, all fees will accrue interest at a rate of one and one-half percent (1.5%) per month or any part thereof, or the highest rate allowed by applicable law, and Customer will pay all collection costs incurred by Provider (including, without limitation, reasonable attorney’s fees). If, at any time after any applicable Due Date for any applicable bill, Customer has failed to make satisfactory payment as determined by Provider, Provider may give Customer written notification (by email or otherwise), that Customer has committed a Default of these Terms and Conditions and/or any applicable SOF. Provider will provide the “Notification of Default” at least two (2) business days prior to Provider’s suspension or termination of any applicable Service for such Customer. Customer must pay all outstanding amounts payable to Provider pursuant to these Terms and Conditions and/or any applicable SOF within such two (2) business day period to avoid suspension or termination of any applicable Service. If Provider terminates any applicable Service for such Customer due to non-payment pursuant to these Terms and Conditions and/or any applicable SOF, then, in addition to any other amounts then due and payable by Customer to Provider, Customer also will be obligated to pay to Provider the fees described in these Terms and Conditions and/or any applicable SOF. Upon termination of these Terms and Conditions and/or any applicable SOF(s), then Provider may collect from Customer: (i) all amounts due and payable pursuant to these Terms and Conditions, including, without limitation, any document incorporated by reference into these Terms and Conditions, for Service(s) provided prior to such termination, including, without limitation, any past due balance at the time of such termination, and/or the remainder of the Service Term; (ii) the total of all minimum commitments for any Service(s) for the remainder of the Service Term applicable pursuant to any applicable SOF(s); (iii) any early termination charges, if any, specified in any applicable SOF(s) or any other document or agreement between Customer and Provider; and (iv) if such termination arises pursuant to any Default, any non-recurring charges previously waived at any time by Provider. Customer acknowledges and agrees that the damages arising due to the early termination of this Agreement would be difficult to determine and, therefore, for the sake of efficiency, economy and convenience, any early termination charges constitute liquidated damages and are not intended as a penalty or to be punitive in nature. Upon the occurrence of a Default (other than for nonpayment as provided above), Provider may immediately suspend or terminate any applicable Service for such Customer. Provider may, at any time and in its sole discretion: (i) require a security deposit to continue provisioning any applicable Service to Customer pursuant to these Terms and Conditions and/or any applicable SOF, if Customer’s level of approved credit, as determined by Provider in its sole discretion, is deemed insufficient, as determined by Provider in its sole discretion; (ii) change payment terms, billing cycle, and/or any applicable Due Date(s); (iii) demand immediate payment by wire or other means and discontinue any applicable Service for Customer without notice to Customer if Customer’s level of approved credit, as determined by Provider in its sole discretion, is deemed insufficient, as determined by Provider in its sole discretion; and/or (iv) immediately block Customer’s access to or use of any applicable Service if a Customer’s pre-paid balance is depleted, or Customer otherwise refuses to make any reasonably requested payments. Provider retains the right to bill, including, without limitation, amend or correct any bill previously issued, for any applicable Service provided pursuant to these Terms and Conditions and/or any applicable SOF, for a period of up to twelve (12) months, commencing from the date of the provision of any applicable Services to Customer. Provider will retain such billing rights for such twelve (12) month period notwithstanding any prior billing to Customer for the same period(s) and regardless of any otherwise conflicting billing conditions in these Terms and Conditions and/or any applicable SOF. For the duration of such twelve (12) month period, Provider will not be deemed to have waived any rights with regard to billing for any applicable Service provided pursuant to these Terms and Conditions and/or any applicable SOF during such period, nor will any legal or equitable doctrines apply, including estoppel or laches. Unpaid bills and/or charges may be sent to third party collection agencies. 11. Billing Disputes. If Customer disputes any amounts charged to Customer by Provider pursuant to these Terms and Conditions and/or any applicable SOF, Customer will pay in full all charges billed by any applicable Due Date and thereafter submit written notification, within thirty (30) calendar days of the date of the disputed charges, in the form of an email sent to customercare@broadband.com with “Notice of Billing Dispute” in the subject line of the email. Such email notification must include Customer’s complete contact information, the specific dollar amount in dispute, detailed supporting calculations and reasons for the dispute, and any supporting documentation, if available, in the body of or attached to, the email. Provider will respond to Customer, in writing, within thirty (30) calendar days immediately after receipt of from Customer of any such notice of billing dispute. Any dispute resolved in favor of Customer will be credited as appropriate to the next bill issuable by Provider pursuant to these Terms and Conditions and/or any applicable SOF. If Provider determines that any disputed amounts are correct as billed pursuant to these Terms and Conditions and/or any applicable SOF, Provider will notify Customer in writing that the charges have been deemed valid and legitimate, and the dispute will be considered resolved by both parties; if, for any reason, any amount(s) remain due from Customer related to such dispute, then all such amounts will be due and payable immediately. Provider reserves the right to deny or delay any and all billing disputes and/or credits if Customer’s account is in arrears or otherwise not in good standing. 12. Resumption of Service. If Customer requests the restoration of any applicable Service to such Customer after a suspension or termination, Provider has the sole and absolute discretion to restore any applicable Service to such Customer and may condition restoration upon satisfaction of such conditions as Provider determines necessary, including, without limitation, Customer’s execution or delivery of a new agreement, payment of all past due amounts in full, completion of Provider’s credit approval process, and/or the making of advance payments. Additional NRC also may apply. Page 4 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 13. Additional NRC and Usage Charges. General. Provider also may invoice Customer for the following NRCs: (i) Changes of IP Addresses: $100.00; (ii) Service Reinstatement / Resumption Fee: $200.00 (plus any charges imposed by underlying carrier(s) and/or pursuant to Section 12 above); (iii) Missed Appointment Fee: $200.00; (iv) Rejected Credit Card/Unpaid Check: $40.00 (or legal limit, if lower); (v) Relocation Fee: varies upon address; (vi) Upgrade Charge: varies upon specific upgrade requested; and (vii) Downgrade Charge: varies upon specific downgrade requested. Inside Wiring. The availability of inside wiring installation is dependent upon a number of factors, including, without limitation, any applicable service address and/or LEC availability. Any inside wiring provided by Provider’s underlying carrier(s) may incur additional fees to the charges listed in the SOF. Any request for inside wiring or wiring extension for any applicable Services will be provided on a best-effort basis only. In many cases, Customer's LEC will not extend wiring beyond the Minimum Point of Entry (“MPOE”) as determined by the LEC. In all such cases, Customer will provide any needed internal wiring or extensions (and required conduit, facilities, power, etc.) to the circuit required to provision service unless Provider has agreed in writing to provide this service to Customer. Special Construction Charge. When a Customer’s location has insufficient facilities needed to support any applicable Service, the underlying carrier(s) may add facilities that may impose an additional “special construction charge" or other similar charge. If this occurs, Provider will notify Customer (via phone, email or other means) of the cost of these additional special construction charges, if available and if any, as well as the estimated time to complete the construction. Customer must agree in writing to pay these additional special construction costs within three (3) business days. If Customer fails to do so, Provider will cancel the SOF for lack of facilities and the SOF will terminate without liability to either Customer or Provider. Miscellaneous Charges. Miscellaneous charges and/or fees imposed by any third party carrier or any underlying provider from time to time, whether charged to or against Provider, will be payable by Customer, including, without limitation, any cost recovery fee which shall represent an accurate and non-inflated recovery of the miscellaneous charges and/or fees to or against Provider associated with the provision of Service(s) by Provider to Customer. Usage  Charges  (Applicable  to  Burstable  Dedicated  Internet  Access  Service  Only):    Additional  usage  charges  stated  in  any  applicable  SOF   will  be  calculated  based  on  Customer’s  monthly  usage,  which  Provider  will  calculate  as  follows:  Provider  will  take  usage  samples   approximately  every  five  (5)  minutes  throughout  the  applicable  month  and  will  retain  the  higher  of  two  (2)  samples  taken  during  each   five  (5)  minute  period  –  one  (1)  sample  that  will  reflect  inbound  usage  /  utilization  and  one  (1)  sample  that  will  reflect  outbound  usage   /  utilization.    At  the  end  of  the  applicable  billing  period,  the  samples  will  be  arranged  from  highest  to  lowest.    Provider  will  discard  the   top  five  percent  (5%)  of  the  samples  for  the  purposes  of  calculating  Customer’s  monthly  usage.    Provider  will  utilize  the  highest   remaining   sample  (i.e.,   the  ninety-­‐fifth  percentile   (95%)   peak   Mbps   port   utilization)   (the   “Mbps  Port  Utilization”)   to   calculate   Customer’s  monthly  usage.    Provider  will  measure  the  Mbps  Port  Utilization  to  the  100th  decimal  place,  but  the  invoice  will  reflect  the   Mbps  Port  Utilization  only  to  the  10th  decimal  place.    Provider  will  multiply  the  Mbps  Port  Utilization  by  the  per-­‐Meg  rate  listed  on  any   applicable  SOF  to  calculate  any  applicable  additional  usage  charges.    Provider  will  charge  Customer  such  additional  usage  charges  as   well  as  any  applicable  base  rate  provided  in  any  applicable  SOF.         14. IP Addresses. Customer acknowledges that Provider retains title at all times to the IP addresses assigned to Customer in connection with any Service. Upon IP address reassignment or expiration, cancellation or termination of these Terms and Conditions and/or any applicable SOF, Customer will relinquish any IP addresses or address blocks assigned to Customer by Provider or its underlying carrier(s) and will perform all acts reasonably requested by Provider to return to Provider full use of such IP addresses and address blocks. 15. Default. Upon the occurrence of a Default, Provider may, in addition to delivering an Escalation Notice pursuant to Section 19(a) below: (i) suspend Provider’s performance of any or all Services without liability or further obligation immediately; (ii) terminate any or all SOF(s) without liability or further obligation immediately upon written notification of termination to Customer; and/or (iii) terminate these Terms and Conditions and/or any applicable SOF without liability or further obligation immediately upon written notification of termination to Customer. Upon the occurrence of a Default, the following fees will apply, which Customer acknowledges and agrees are customary and reasonable and do not constitute a penalty or premium: (a) any amounts due pursuant to these Terms and Conditions and/or any applicable SOF incurred prior to such termination, (b) any amounts due pursuant to any applicable SOF with respect to any applicable Service, including, without limitation, the total of any applicable monthly minimum commitments for any Services provided hereunder for the remainder of the applicable Service Term and any other fees included in any applicable SOF, and (c) any NRC previously waived by Provider. All remedies expressed in this Agreement are without exclusion as to any rights or remedies that the parties may have under this Agreement or which may be recognized under controlling law. 16. Termination by Provider. In addition to any other right that Provider may have to terminate or suspend these Terms and Conditions and/or any applicable SOF, if Provider determines, in its sole discretion, that Customer’s ongoing use of any or all Services, and/or the specific method or technology utilized by Customer places the network operated by Provider, other customers, partners or the overall business(es) of each in jeopardy, Provider reserves the right to terminate these Terms and Conditions and/or any applicable SOF and Customer’s access to any or all applicable Services immediately and without notification. 17. Acceptable Use Policy. All use of any Services must comply with Provider’s Acceptable Use Policy, which is posted at www.broadband.com/legal/AUP, and is incorporated herein by reference. By using any Services, Customer agrees to comply with the AUP, as Page 5 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 modified by Provider from time to time in Provider’s sole discretion. Any amendment to the AUP will be effective immediately upon the posting of the modified AUP at www.broadband.com/legal/AUP. Violation of the AUP by Customer will constitute a Default pursuant to this Agreement. 18. License; Intellectual Property. (a) Subject to Customer’s compliance with these Terms and Conditions and/or any applicable SOF, Provider grants Customer a non- exclusive, non-transferable license to use any Electronic Tools provided by Provider from time to time solely in connection with Customer’s use of any Services during the Service Term. Such Electronic Tools may be incorporated into, and may incorporate itself, software and other technology owned or controlled by third parties. Any such third party software or technology incorporated in any such Electronic Tools falls under the scope of these Terms and Conditions. Any and all other third party software will be subject to Customer’s acceptance of a license agreement with such third party. Customer will use such Electronic Tools solely for lawful purposes in connection with Customer’s use of Services during the Service Term. Customer will not, directly or indirectly: (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas or algorithms of any such Electronic Tools; (ii) modify, translate or create derivative works based on any such Electronic Tools; (iii) rent, lease, distribute, sell, resell, assign, display, host, outsource, disclose or otherwise commercially exploit or otherwise transfer rights to any such Electronic Tools or make any such Electronic Tools available to any third party; (iv) use any such Electronic Tools for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v) remove any proprietary notices or labels on any such Electronic Tools; or (vi) copy, reproduce, post or transmit any such Electronic Tools in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording or other means. (b) Any such Electronic Tool each is the Intellectual Property of Provider. Customer will not delete or in any manner alter the copyright, trademark, and other proprietary rights notices or markings appearing on or in connection with any such Electronic Tool. Any third party Intellectual Property included in any such Electronic Tool is the property of the respective owner of such Intellectual Property and may be protected by applicable law. Nothing in these Terms and Conditions and/or any applicable SOF gives Customer any right or license to any trademarks and/or trade names (whether registered or unregistered), signs, logos, icons, slogans, banners, screen shots, trade dress, links or other brand features of Provider without the prior written consent of Provider, which consent may be withheld in the sole discretion of Provider for any reason. If Customer from time to time provides suggestions, comments and/or other feedback to Provider with respect to any such Electronic Tool, Provider may, in connection with any of its products or services, freely use, copy, disclose, license, distribute and/or exploit any such suggestions, comments and/or other feedback in any manner and without any obligation or restriction based on intellectual property rights or otherwise. Provider will retain sole ownership of any such suggestions, comments and/or other feedback and Customer will not provide any such suggestions, comments and/or other feedback subject to any terms that would impose any obligation on Provider or any of its customers or partners. 19. Dispute Resolution Process and Applicable Law. (a) It is the mutual desire of the parties to promptly and fully resolve any dispute arising in connection with these Terms and Conditions and/or any applicable SOF in good faith, confidentially, and informally with minimal transaction costs; no public statement may be made by any party regarding any such dispute. If either party determines that the dispute cannot be resolved informally, then such party will initiate an escalation process by giving written notice (“Escalation Notice”) to the other party. Each party will name one executive as its representative, to be a person knowledgeable of the subject matter in dispute and someone with authority to discuss the dispute (“Officers”). The Officers will meet in person or by conference call, together with any persons assisting them, within fifteen (15) days after delivery of the Escalation Notice. All negotiations conducted by the Officers are confidential and will be treated as compromise and settlement negotiations for purposes of the Federal Rules of Evidence and any state rules of evidence. The Officers will conduct such additional meetings as they deem necessary to exchange relevant information, will appoint staff to engage in resolution of any disputed facts, and will attempt to resolve the dispute. Should the Officers be unable to resolve the dispute within such fifteen (15) days, or within such additional time as the parties may otherwise agree to in writing, either party may demand mediation, whereupon the parties will, in good faith, mediate the dispute no later than thirty (30) days after such demand through the services of a mutually selected mediator, the cost of whom will be borne equally by the parties, at a date and location selected by the mediator after consultation with the parties. IF THE DISPUTE IS NOT RESOLVED AFTER APPLYING THE ESCALATION PROCEDURES SET FORTH ABOVE, THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY JUDICIAL PROCEEDING ARISING UNDER OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT, AND AGREE TO SUBMIT ALL CONTROVERSIES, CLAIMS AND MATTERS OF DIFFERENCE TO ARBITRATION ACCORDING TO THE COMMERCIAL RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). Arbitration hereunder will occur within sixty (60) days of the date of submission before a single neutral arbitrator having significant experience in the subject matter of this Agreement and who will selected in accordance with AAA rules. Arbitration proceedings will take place in Wake County, North Carolina. Discovery will be permitted, including the use of interrogatories, requests for admission and production of documents and depositions. If the amount claimed to be in dispute is less than $500,000, all applicable expedited procedures of the AAA will apply. The arbitrator’s fees and costs of the arbitration will be borne by the party against whom the award is rendered, except that if the arbitrator issues a split decision, granting partial relief to both parties, the arbitrator will equitably allocate the arbitrator’s fees and other costs. Each party will pay its attorney’s fees related to any dispute related to this Agreement. The arbitration award will be final and binding on both parties of this Agreement, will not be subject to any appeal and will be enforceable in any court of competent jurisdiction. (b) ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT BE A CLASS Page 6 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. (c) This Agreement will be governed by, construed under and enforced in accordance with the laws of the State of North Carolina without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods. In the event any party brings a civil action or initiates judicial proceedings of any kind related to this Agreement (except for actions to enter or collect on judgments), the parties consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Wake County, North Carolina and the prevailing party will be entitled to recover its costs, including reasonable attorney’s fees. 20. Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 21 BELOW, IN NO EVENT WILL PROVIDER OR CUSTOMER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS) ARISING OUT OF OR IN RELATION TO THE SERVICES, CPE, AND/OR ANY PRODUCTS OR SERVICE PROVIDED BY THIRD PARTIES UNDER THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF. PROVIDER’S MAXIMUM LIABILITY UNDER THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF IS LIMITED TO SERVICE CREDITS NOT TO EXCEED THE FEES PAID TO PROVIDER BY CUSTOMER FOR THE APPLICABLE SERVICE PROVIDED DURING THE PRECEDING TWELVE (12) CALENDAR MONTHS. 21. Indemnity. Customer will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors, representatives and affiliates from and against any and all actual or alleged losses, costs, claims, liability of any kind, damages (including to any tangible property or bodily injury to or death of any person), or expense of whatever nature, (including reasonable attorneys' fees) to or by any third party, relating to or arising from (a) the use of any Services provided to Customer, whether or not Customer has knowledge of or has authorized access for such use, (b) any damage to or destruction of CPE or equipment not caused by Provider or its agents, and (c) any breach of these Terms and Conditions and/or any applicable SOF by Customer. Customer will be solely responsible for implementing any installation, configuration, and/or connection of any CPE and has the sole and exclusive responsibility for the security and integrity of such CPE, if any. Customer therefore will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors, representatives and affiliates from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees (including reasonable attorneys' fees) on the part of or which may be incurred by Customer or a third-party relating to or arising from the use or operation of CPE. Customer’s indemnification in this Section 21 includes any actual or alleged losses or claims in connection with unauthorized access to or use of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or fraudulent and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized access through or to CPE, Customer retains full and sole responsibility for any and all charges for the use of any Services as otherwise provided in these Terms and Conditions and/or any applicable SOF. If Provider grants Customer access to any Electronic Tools, Customer agrees that it is fully and exclusively responsible for all information accuracy, charges, costs, transactions, and activities conducted through such Electronic Tools. Customer agrees that it is fully and exclusively responsible to safeguard, monitor, manage, and maintain access by any Electronic Tools, and to only allow authorized use of such Electronic Tools to Customer’s Administrator(s) or Account Administrator, as the case may be. Customer will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors, representatives and affiliates from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees (including reasonable attorneys' fees) on the part of or which may be incurred by Customer, or a third-party, relating to or arising from the use or operation of Electronic Tools, including, without limitation, any actual or alleged losses or claims in connection with unauthorized access to, use, transactions, or activity conducted through the Electronic Tools, regardless of whether such unauthorized access is unintentional, accidental, intentional, or fraudulent, and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized access through or by Electronic Tools, Customer retains full and sole responsibility for any and all charges for the use of any Services as otherwise provided in these Terms and Conditions and/or any applicable SOF. 22. No Warranties and Customer Assumption of Risk. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE SLA, ANY APPLICABLE SERVICE AND ANY CPE, EQUIPMENT, AND/OR RELATED SERVICES EACH IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF PROVIDER, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON- INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROVIDER, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE, RESELLERS DO NOT WARRANT THAT ANY FUNCTIONS OF ANY SERVICES, ANY CPE, EQUIPMENT, AND/OR RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SERVICES (OR ANY SERVER THAT MAKES ANY SERVICES AVAILABLE) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF ANY SERVICES OR ANY ELECTRONIC TOOL IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, UNAUTHORIZED ACCESS BY THIRD PARTIES OR OTHERWISE. CUSTOMER (AND NOT PROVIDER) ASSUMES THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY SERVICES AND/OR ELECTRONIC TOOL IS AT CUSTOMER’S SOLE RISK AND DISCRETION AND PROVIDER WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER OR CUSTOMER’S PROPERTY. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF ITS USE OF ANY INFORMATION TRANSMITTED VIA ANY SERVICES AND/OR ANY ELECTRONIC TOOL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM PROVIDER, ITS EMPLOYEES OR THROUGH OR FROM ANY SERVICE AND/OR ELECTRONIC TOOL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY Page 7 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 NOT APPLY. PROVIDER WILL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY CUSTOMER FROM OR AGAINST ANY THIRD PARTY CLAIMS ALLEGING THAT CUSTOMER’S USE OF ANY SERVICES OR ANY ELECTRONIC TOOL OR THE EXERCISE OF ANY RIGHTS GRANTED HEREIN INFRINGES ON ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY. IF A CLAIM IS MADE, OR IN PROVIDER’S REASONABLE OPINION IS LIKELY TO BE MADE, AGAINST PROVIDER, CUSTOMER OR ANY THIRD PARTY ALLEGING THAT ANY APPLICABLE SERVICES OR ELECTRONIC TOOL OR ANY USE THEREOF INFRINGES ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY, PROVIDER MAY, IN PROVIDER’S SOLE DISCRETION, TERMINATE THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF AND ALL RIGHTS AND OBLIGATIONS PURSUANT TO THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF. 23. Third Party Beneficiaries. The parties do not intend by the execution, delivery, or performance of these Terms and Conditions and/or any applicable SOF to confer any benefit, direct or incidental, upon any person or entity not a party to these Terms and Conditions and/or any applicable SOF. 24. Miscellaneous. Customer is not relying on any affirmation of fact, description, or promise from (or purported to be from) any person or entity, nor any oral or written representation or warranty that is not expressly included in these Terms and Conditions and/or any applicable SOF. Any alterations or additions to these Terms and Conditions and/or any applicable SOF made by Customer by any means will not be considered part of these Terms and Conditions and/or any applicable SOF. Provider’s failure to insist upon or enforce strict performance of or strict compliance with any provision of these Terms and Conditions and/or any applicable SOF shall not be construed as a waiver of any provision or right; neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions and/or any applicable SOF entered into from time to time pursuant to these Terms and Conditions and/or any applicable SOF. These Terms and Conditions and/or any applicable SOF may only be modified, or any rights under it waived, by a separate written document executed by both parties. Customer may not assign these Terms and Conditions and/or any applicable SOF, by operation of law or otherwise, including, without limitation, pursuant to any merger, stock purchase or other change in control of Customer, without Provider’s prior written consent. These Terms and Conditions and/or any applicable SOF will be binding on the parties hereto and their respective personal and legal representatives, successors, and permitted assigns. If any provision of these Terms and Conditions and/or any applicable SOF is held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms and Conditions and/or any applicable SOF will not be affected thereby. In the event any specified time frame or deadline denotes calendar days, it is agreed that when the last date of required action or response falls on a weekend or holiday, the action and/or deadline will automatically extend to the next business day. Headings are provided for reference purposes only. 25. Definitions. For the purposes of these Terms and Conditions and/or any applicable SOF, the following terms will have the following meanings: “Account Administrator” means Customer’s Administrator who has access to (and is authorized to) modify Customer’s billing and other similar account information via any applicable Electronic Tool. For clarity, only one (1) Administrator will serve as Customer’s Account Administrator. “Administrator” means a person (or persons) authorized to act on behalf of Customer, who is/are responsible for the administration and management of the use of any applicable Services by Customer. “Burstable Dedicated Internet Access Service” means dedicated Internet access services that provide the ability to “burst” above otherwise applicable minimum bandwidth commitments during heavy-traffic periods. “Default” occurs: (i) if Customer fails to make any payment for Services more than two (2) business days immediately after the applicable Due Date, or any other payment contemplated by these Terms and Conditions and/or any applicable SOF on or before the date two (2) business days immediately after any applicable required date; (ii) if Customer violates the AUP; (iii) if Customer fails to perform or observe any term or obligation of these Terms and Conditions and/or any applicable SOF, including, without limitation, any document incorporated by reference into these Terms and Conditions, not otherwise specified in clauses (i) or (ii) above and applicable to the Services, which failure remains uncured thirty (30) calendar days after Customer’s receipt of written notification from Provider informing Customer of such failure; (iv) upon the institution of bankruptcy, receivership, insolvency, reorganization or other similar proceedings, by or against Customer, unless such proceedings have been dismissed or discharged not later than the date thirty (30) calendar days immediately after the commencement of such proceeding; (v) upon the making of an assignment for the benefit of creditors, adjudication of insolvency, or institution of any reorganization arrangement or other readjustment of debt plan, of or by Customer; and/or (vi) upon the appointment of a receiver for all or substantially all of Customer’s assets. “Electronic Tools” means online access, application programming interface (API), or access by any other means, to a service ordering/management system to access or manage Customer’s use of any applicable Services. “Intellectual Property” means patents, pending patent applications, designs, trademarks and/or trade names (whether registered or unregistered), copyrights and related rights, database rights, know-how, trade secrets and/or confidential information, and all other intellectual property rights and similar or equivalent rights which currently exist or are recognized in the future, as well as all applications, extensions and renewals in relation to any such rights. “IP” means Internet Protocol. Page 8 BANDWIDTH.COM, INC. - Proprietary & Confidential Information Terms and Conditions – Updated September 2011 “LEC” means local exchange carrier. “MPLS Services” means those multiprotocol label switching services described in the SOF by and between Provider and Customer. “MRC” means monthly recurring charge. “NRC” means non-recurring charge. “Regulatory Activity” means any laws, regulations or other similar mandates (including, without limitation, any fees, surcharges or other like charges imposed or mandated) by any federal, state or other governmental agency at any time. “RMA” means a Return Materials Authorization. “Service Term” will mean the period commencing on the Service Activation Date during which any applicable SOF remains in effect with respect to any Services. For clarity, the “Service Term” will expire and/or terminate immediately upon the date when all SOFs entered into with respect to any Services from time to time will have expired and/or terminated by their terms. “Services” means those services described in the SOF by and between Provider and Customer, which services may include Burstable Dedicated Internet Access Services, dedicated Internet access services, Managed Network Services, MPLS Services, Professional Services, and/or private line services. ADDENDUM NO. 1 ADDENDUM NO. 1 TO THE TERMS AND CONDITIONS    Section 3 of the Service Terms and Conditions is hereby amended to read as follows: The initial  Service Term will be as specified in any applicable SOF (the “Initial Service Term”).  The three (3)  year term will not auto renew after the expiration date.                             Broadband, LLC       City of Vernon  Name: __________________________    Name: __________________________    Signature: _______________________    Signature: _______________________  Date: ___________      Date: ___________  City Council Agenda Item Report Agenda Item No. COV-345-2019 Submitted by: Brandon Araujo Submitting Department: Public Works Meeting Date: August 6, 2019 SUBJECT Approval of Agreement Regarding the Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the Union Pacific Railroad Company and the City of Vernon Recommendation: A. Find that the proposed action – i.e., entering into an agreement with Union Pacific Railroad Company (“Union Pacific”) –is categorically exempt under the California Environmentally Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d) and Section 15303 (New Construction or Conversion of Small Structures) part (d), because the Project is merely to upgrade existing equipment and add an additional appurtenant equipment; and B. Authorize the City Administrator to execute the Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California (“Agreement”) by and between Union Pacific and the City of Vernon (“City”). Background: As a condition of approval for the new development at 1890 East 25th Street for Marquez Produce, Inc., Union Pacific required installation of a new gate with flashers and full upgrade on the existing flashers at the DOT #747602G crossing (“the Project.”) The City must execute the Agreement with Union Pacific in order to construct the Project. Executing this agreement with Union Pacific will allow Marquez Produce’s new development located at 1890 East 25th Street to satisfy Union Pacific’s conditions of approval. Since this Project is a condition of approval for a private development, the City’s preference would have been to have Union Pacific enter into an agreement directly with Marquez Produce. However, the City must execute this Agreement because Union Pacific enters into these agreements with public agencies only. The Public Works Department is now recommending that the City Council authorize the City Administrator to execute the proposed agreement between Union Pacific and the City of Vernon. Staff will seek separate approval from the City Council for an agreement with Marquez Produce to recover costs incurred by the City as a result of the proposed agreement with Union Pacific Railroad. The City Attorney's office has reviewed the Agreement and has approved it as to form. Fiscal Impact: The current estimated cost of the project is $380,920.00. Funds will be made available in the Public Works' Street Maintenance budget for FY 2019-20. Entering into a separate agreement with Marquez Produce will allow the City to receive reimbursement from Marquez Produce for costs incurred as a result of the City’s agreement with Union Pacific Railroad. The annual maintenance of the railroad crossing warning signals is currently estimated to cost $7,480.00 per year. ATTACHMENTS 1. Public At Grade Crossing Agreement by and between Union Pacific and City of Vernon Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 1 UP Real Estate Folder No.: 3156-46 PUBLIC AT-GRADE CROSSING 25th Street DOT 747602G MILE POST .652, Alameda Ind. Ld City of Vernon, Los Angeles County, California THIS AGREEMENT ("Agreement") is made and entered into as of the ____ day of ___________, 20____ ("Effective Date"), by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, to be addressed at Real Estate Department, 1400 Douglas Street, Mail Stop 1690, Omaha, Nebraska 68179 (”Railroad") and the CITY OF VERNON, a municipal corporation or political subdivision of the State of California to be addressed at 4305 Santa Fe Ave., CA 90058 ("Political Body"). RECITALS: The Political Body desires to undertake as its project (the “Project”) the removal of two existing flashers and the installation of a new gate mechanism at the existing 25th Street at-grade public road crossing DOT Number 747602G at Railroad’s Milepost .652 on Railroad’s Alameda Ind. Ld. at or near City of Vernon, Los Angeles County, California (the “Roadway”). The portion of the Roadway within the Railroad’s property is hereinafter referred to as the “Crossing Area.” The Crossing Area is shown on the print marked Exhibit A attached hereto and hereby made a part hereof. The Railroad and the Political Body are entering into this Agreement to cover the above. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. RAILROAD GRANTS RIGHT For and in consideration ONE THOUSAND DOLLARS ($1,000) to be paid by the Political Body to the Railroad upon the execution and delivery of this Agreement and in further consideration of the Political Body’s agreement to perform and comply with the terms of this Agreement, the Railroad hereby grants to the Political Body the right to construct, maintain and repair the Roadway over and across the Crossing Area. Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 2 Section 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term “Contractor” shall mean the contractor or contractors hired by the Political Body to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority, including without limitation any CIC (defined below) hired by the Political Body. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any Project work within the Crossing Area or on any portion of Railroad’s property, and any subsequent maintenance or repair work, the Political Body shall require the Contractor to: (i) execute the Railroad's then current form of Contractor's Right of Entry Agreement (“CROE”). (ii) obtain the then current insurance required in the CROE; and (iii) provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current CROE is marked Exhibit D, attached hereto and hereby made a part hereof. The Political Body confirms that it will inform its Contractor that it is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's CROE and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Senior Manager - Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No. 3156-46 D. If the Political Body's own employees will be performing any of the Project work, the Political Body may self-insure all or a portion of the insurance coverage subject to the Railroad's prior review and approval. Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 3 Section 5. FEDERAL AID POLICY GUIDE If the Political Body will be receiving any federal funding for the Project, the applicable rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B as of the Effective Date are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY RAILROAD The Political Body agrees that no Project costs and expenses are to be borne by the Railroad, including without limitation any cost and expense for work performed by Contractor and/or any CIC. In addition, the Railroad is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO POLITICAL BODY; POLITICAL BODY'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Political Body's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated November 14, 2018, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is Three Hundred Eighty Thousand Nine Hundred Twenty Dollars ($380,920). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimate. C. Railroad, in its sole and absolute discretion, shall determine whether a flagman or other special protective or safety measures are required in connection with the Project (any of the foregoing, collectively “Flagging Services”). For purposes of clarity, Railroad and Political Body each acknowledge that Railroad may contract a CIC for the performance of any Flagging Services that are part of Railroad’s work (as provided in Section 4 of Exhibit B) or, alternatively, that the Political Body may hire a CIC as a Contractor to perform Flagging Services, subject to Section 6.C of Exhibit B and any and all other applicable terms and conditions set forth in this Agreement. If any Flagging Services are to be performed in connection with the Project, then, after consultation with the Political Body, Railroad shall determine, in Railroad’s sole and absolute discretion, whether Railroad or the CIC will bill the Political Body or, alternatively, the Contractor directly, for the costs of such Flagging Services. If Railroad determines the Contractor will be billed directly pursuant to the foregoing sentence, Political Body agrees that it will pay the Railroad or the CIC, as applicable, on demand for any such costs that have not been paid by any Contractor within thirty (30) days of the Contractor's receipt of billing. The Political Body acknowledges that whether or not the Estimate includes costs for Flagging Services performed by Railroad or a CIC, as applicable, such costs shall be at no expense Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 4 to Railroad. D. The Railroad shall send progressive billing to the Political Body during the Project and final billing to the Political Body within one hundred eighty (180) days after receiving written notice from the Political Body that all Project work affecting the Railroad's property has been completed. E. The Political Body agrees to reimburse the Railroad within thirty (30) days of its receipt of billing from the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging (unless flagging costs are to be billed directly to the Contractor), procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. The Political Body, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans in no way relieves the Political Body or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranties as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the Political Body or Contractor on the Plans is at the risk of the Political Body and Contractor. Section 9. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 5 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and Political Body mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Roadway, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property. B. The Railroad, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Political Body in the event the Political Body does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Political Body shall pay to the Railroad all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFORE POLITICAL BODY CAN COMMENCE WORK Neither the Political Body nor the Contractor may commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and the Political Body have executed this Agreement. Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 6 (ii) The Railroad has provided to the Political Body the Railroad’s written approval of the Plans. (iii) The Political Body has required each Contractor to (a) execute Railroad’s CROE and obtain and/or provide to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the CROE; (b) provide the advance notice(s) required under the CROE to the Railroad representative(s) named in the CROE; and (c) participate in a preconstruction meeting to coordinate work activities with Railroad if any work to be provided by the Contractor will involve flagging protection and/or if there is separate work to be performed by the Railroad for the Project. Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad and Political Body agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Political Body shall not assign this Agreement without the prior written consent of Railroad. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Railroad and Political Body. Section 14. FEDERAL FUNDING If the Political Body will be receiving any federal funds for the Project, the Political Body agrees that it is solely responsible for performing and completing all reporting requirements in connection with the Project and receipt of such funding and that the Railroad shall not have any responsibility in connection with the same. The Political Body also confirms and acknowledges that (A) the Railroad shall provide to the Political Body the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (B) such standard and customary billing and documentation from the Railroad provides the information needed by the Political Body to perform and complete any such reporting requirements in connection with any federal funding. The Railroad confirms that the Political Body shall have the right to audit the Railroad's billing and documentation for the Project as provided in Exhibit B of this Agreement. Section 15. ANNUAL SIGNAL MAINTENANCE FEE. A. Effective as of the Effective Date of this Agreement, the Political Body, in Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 7 addition to maintaining at its sole cost and expense the portion of the Road Crossing described in Section 2 of Exhibit B, agrees to pay to Railroad the sum of Seven Thousand Four Hundred Eighty Dollars ($7,480) per annum, payable annually in advance, as payment for Railroad's maintenance of the railroad crossing warning signals that are to be installed by the Railroad at the Road Crossing site. B. The above annual fee is based on the number of current signal units at the Road Crossing. Effective on the first anniversary of this Agreement and on the anniversary date of each subsequent one year period, the annual fee may be increased at a rate based on the American Association of Railroad’s (AAR) signal unit cost index. Such changes in the maintenance fee may be made by the Railroad by means of automatic adjustment in billing. The signal unit base for the annual fee may be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual rental was last determined or established. Such changes in the maintenance fee may be made by means of automatic adjustment in billing. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: _________________________________ Printed Name: ________________________ Title: ________________________________ CITY OF VERNON By: ________________________________ Printed Name: ________________________ Title: ________________________________ Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 EXHIBIT A TO PUBLIC AT GRADE CROSSING AGREEMENT Exhibit A will be a print showing the Crossing Area Exhibit A Railroad Location Print EXHIBIT “A” RAILROAD LOCATION PRINT FOR AN EXISTING AT-GRADE PUBLIC ROAD CROSSING UNION PACIFIC RAILROAD COMPANY ALAMEDA IND. LD. RAILROAD MILE POST .652 CITY OF VERNON, LOS ANGELES COUNTY, CA To accompany an agreement with CITY OF VERNON/CONTRACTOR Folder No. 3156-46 Date: May 24, 2019 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 DOT 747602G . Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 1 EXHIBIT B TO PUBLIC AT GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The Railroad makes no covenant or warranty of title for quiet possession or against encumbrances. The Political Body shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Political Body shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Political Body for the purpose of conveying electric power or communications incidental to the Political Body's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Political Body to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Political Body shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Political Body shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Political Body at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Political Body will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Political Body will acquire all such other property and rights at its own expense and without expense to the Railroad. Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 2 SECTION 2. CONSTRUCTION OF ROADWAY A. The Political Body, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the Railroad upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Political Body, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Political Body shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Political Body upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Political Body shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Political Body. The Political Body hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Political Body, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Political Body is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Political Body at the Political Body's own expense, or by the Railroad at the expense of the Political Body, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 3 SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the Political Body of the contract price within ninety (90) days after it is awarded. Unless the Railroad's work is to be performed on a fixed price basis, the Political Body shall reimburse the Railroad for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Political Body shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. B. If, in the future, the Political Body elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Political Body’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Political Body shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Political Body shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Political Body that the work will be performed in a safe manner and in conformity with the following Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 4 standards: A. Definitions. All references in this Agreement to the Political Body shall also include the Contractor and their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Political Body shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Political Body. If the Political Body's employees need to enter Railroad's property in order to perform an inspection of the Roadway, minor maintenance or other activities, the Political Body shall first provide at least ten (10) working days advance notice to the Railroad Representative. With respect to such entry on to Railroad’s property, the Political Body, to the extent permitted by law, agrees to release, defend and indemnify the Railroad from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Political Body’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Political Body’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad. C. Flagging. (i) If the Political Body's employees need to enter Railroad's property as provided in Paragraph B above, the Political Body agrees to notify the Railroad Representative at least thirty (30) working days in advance of proposed performance of any work by Political Body in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform Political Body whether a flagman need be present and whether Political Body needs to implement any special protective or safety measures. (ii) The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 5 Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Political Body shall pay on the basis of the new rates and charges. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Political Body may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Political Body must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Political Body will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. (iii) Political Body or its Contractor shall be permitted to hire a private contractor (such private contractor being commonly known in the railroad industry as a contractor-in- charge (“CIC”)) to perform Flagging Services in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to receiving prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Political Body or its Contractor to utilize a CIC pursuant to the preceding sentence, the Political Body or its Contractor, as applicable, shall be required to obtain Railroad’s prior written approval for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the Flagging Services to be performed by the approved CIC; and (iii) any other terms and conditions governing the Flagging Services to be provided by the CIC. Railroad reserves the right to rescind any approval pursuant to this section, in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion, (iv) If any flagging or other special protective or safety measures are performed by Railroad and/or a CIC, Political Body agrees that Political Body is not relieved of any of its responsibilities or liabilities set forth in this Agreement. D. Compliance With Laws. The Political Body shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Political Body shall use only such methods as are consistent with safety, both as concerns the Political Body, the Political Body's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Political Body (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 6 safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Political Body to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Political Body shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Political Body further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad. E. No Interference or Delays. The Political Body shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Political Body, at its own expense, shall adequately police and supervise all work to be performed by the Political Body, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the Political Body for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the work site of the Railroad's representatives, or by compliance by the Political Body with any requests or recommendations made by such representatives. If a representative of the Railroad is assigned to the Project, the Political Body will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the Political Body's engineers or the Vice President-Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Political Body is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Political Body shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Political Body shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad; and any such material and debris shall be promptly removed from the Railroad's property by the Political Body at the Political Body's own expense or by the Railroad at the expense of the Political Body. The Political Body shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Political Body shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 7 President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Political Body shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Political Body shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Political Body, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Political Body in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Political Body, at the Political Body's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Political Body, at the Political Body's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Political Body, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Political Body shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Political Body shall provide the advance notice that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Political Body shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800- 336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Political Body. If it is, Political Body will telephone the telecommunications company(ies) involved, arrange Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 8 for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at anytime it is determined by a competent authority, by the Political Body, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Political Body shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of Railroad, so far as they relate to the items of expense for the materials to be provided by Railroad under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at Railroad's offices in Omaha, Nebraska, during normal business hours by the agents and authorized representatives of Political Body for a period of three (3) years following the date of Railroad's last billing sent to Political Body. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Political Body shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Political Body will reimburse the Railroad for the expenses thereof. B. Nonuse by the Political Body of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Political Body hereunder. C. The Political Body will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 9 No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Political Body and the Railroad and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the Railroad of any default by the Political Body shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Political Body and the Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. FOR PID #107199 STREET 25TH STREET TOWN LOS ANGLES, CA MILEPOST 0.65 SUBDIVISION ALAMEDA IND LEAD AAR/DOT NO.747602G WORK ORDER#46891 DESCRIPTION VALUE QUANTITY UNITS NON-CODED TRK. CIRCUIT 2 6 (Standalone AFTAC or Ring 10) SUPERIMPOSED CIRCUIT(AFTAC) / 2 0 DETECTION LOOP HIGHWAY GRADE CROSSING SIGNAL 2 6 (FRONT LIGHTS) ADDITIONAL PAIR OF LIGHTS 1 4 (OTHER THAN FRONT LIGHTS) GATE MECHANISM, AUTOMATIC 8 24 WITH ARM UP TO 26 FT GATE MECHANISM, AUTOMATIC 10 0 WITH ARM OVER 26 FT GCP/HXP (constant warning device, per track circuit)15 0 EXIT GATE MANAGEMENT SYSTEM RACK*10 0 MOVEMENT DETECTOR (PMD)6 0 MOVEMENT DETECTOR (STANDBY UNIT)3 0 RADIO DATA LINK, PER UNIT 1 0 PREEMPTION CIRCUIT 2 0 DATA RECORDER 1 0 REMOTE MONITORING DEVICE (SEAR, ETC)*2 2 BONDED RAIL JOINTS (per mile, each rail, single bonded)1 0 BATTERY AND CHARGER (per set)1 2 2 TOTAL UNIT COUNT 44 PAVEMENT RESTORATION COSTS (Actual) Annual Maintenance Cost at $170/Unit $7,480 *UP supplied Unit Value November 19, 2018 0 0 0 1 0 3 0 0 0 0 0 4 AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS ESTIMATED MAINTENANCE COSTS BY THE UNION PACIFIC RAILROAD 3 0 3 Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 EXHIBIT C TO PUBLIC AT GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimate. Material And Force Account Estimate CITY OF VERNON Estimate Creation Date: 11/14/2018 Number: 119824 Version: 1 Estimate Good Until 08/14/19 Location: ALAMEDA IND LD, INDL, .19-1.22 Buy America: Yes Description of Work: LOS ANGELES, CA, 25TH STREET, M.P. 0.65, ALAMEDA INDUSTRIAL LEAD, DOT#747602G, WO#46891, (100% RECOLLECTABLE) COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL Cost SIGNAL Xing - Engineering Design 1 LS 4,351.00 4,351 0 4,351 Xing - 1 Trk Ring-10 w/Gates 1 EA 126,839.00 43,600 83,239 126,839 Xing - Add Gates ExistingLocation (pair)0.5 EA 58,483.00 13,000 16,242 29,242 Xing - CAR14/24 1 LS 1,642.00 0 1,642 1,642 Xing - Sidelight 1 EA 907.00 0 907 907 Xing - Meter Service 1 LS 10,000.00 0 10,000 10,000 Xing - Fill/Rock/Gravel 1 LS 2,500.00 0 2,500 2,500 Xing - Boring 1 LS 10,000.00 0 10,000 10,000 CONCRETE/FOUNDATIONREMOVAL Xing - Misc.1 LS 10,000.00 0 10,000 10,000 Xing - Remove Location 1 LS 2,000.00 2,000 0 2,000 FEDERAL 190.55% (SIG)Xing - Labor Additive 1 LS 119,953.13 119,953 0 119,953 Sub-Total = 182,904 134,530 317,434 PROJECT LEVEL COST Contingency 20 %3,174.34 36,581 26,906 63,487 Sub-Total = 36,581 26,906 63,487 Totals = 219,485 161,435 380,920 Grand Total = $380,920 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, CITY OF VERNON will pay actual construction costs at the current rates effective thereof. ____________________________________________________________________________________________________________________________________ Wednesday, November 14, 2018 Page 1 of 1 Public At-Grade Form Approved-UPRR Law Dept 05/01/2017 EXHIBIT D TO PUBLIC AT-GRADE CROSSING AGREEMENT Exhibit D will be Current Form of Contractor’s Right of Entry Agreement Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 03/09/2017 3156-46 1 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 2019, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ___________________________________________________, a ______________________ corporation ("Contractor"). RECITALS: Contractor has been hired by the City of Vernon (“City”) the removal of two existing flashers and the installation of a new gate mechanism at the existing 25th Street at-grade public road crossing DOT Number 747602G at Railroad’s Milepost .652 on Railroad’s Alameda Ind. Ld. at or near City of Vernon, Los Angeles County, California, as the location is described in the general location shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of an agreement dated , 2019, between the Railroad and the City. Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 03/09/2017 3156-46 2 B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): Luis Travieso Mgr Track Mntce 909-685-2469 ldtravie@up.com C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any work, contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company 1400 Douglas STOP 1690 Omaha, NE 68179 Folder 3156-46 ARTICLE 8 - PRECONSTRUCTION MEETING. If the work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 03/09/2017 3156-46 3 ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. Upon the execution and delivery of this agreement, Contractor shall pay to Railroad ($1025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Title:___________________________________ (Name of Contractor) By: Title: EXHIBIT A TO CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. Exhibit A Railroad Location Print EXHIBIT “A” RAILROAD LOCATION PRINT FOR AN EXISTING AT-GRADE PUBLIC ROAD CROSSING UNION PACIFIC RAILROAD COMPANY ALAMEDA IND. LD. RAILROAD MILE POST .652 CITY OF VERNON, LOS ANGELES COUNTY, CA To accompany an agreement with CITY OF VERNON/CONTRACTOR Folder No. 3156-46 Date: May 24, 2019 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 DOT 747602G . EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion. D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight- hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE EXTENT NOT PROHIBITED BY APPLICABLE STATUTE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. FOR PID #107199 STREET 25TH STREET TOWN LOS ANGLES, CA MILEPOST 0.65 SUBDIVISION ALAMEDA IND LEAD AAR/DOT NO.747602G WORK ORDER#46891 DESCRIPTION VALUE QUANTITY UNITS NON-CODED TRK. CIRCUIT 2 6 (Standalone AFTAC or Ring 10) SUPERIMPOSED CIRCUIT(AFTAC) /2 0 DETECTION LOOP HIGHWAY GRADE CROSSING SIGNAL 2 6 (FRONT LIGHTS) ADDITIONAL PAIR OF LIGHTS 1 4 (OTHER THAN FRONT LIGHTS) GATE MECHANISM, AUTOMATIC 8 24 WITH ARM UP TO 26 FT GATE MECHANISM, AUTOMATIC 10 0 WITH ARM OVER 26 FT GCP/HXP (constant warning device, per track circuit)15 0 EXIT GATE MANAGEMENT SYSTEM RACK*10 0 MOVEMENT DETECTOR (PMD)6 0 MOVEMENT DETECTOR (STANDBY UNIT)3 0 RADIO DATA LINK, PER UNIT 1 0 PREEMPTION CIRCUIT 2 0 DATA RECORDER 1 0 REMOTE MONITORING DEVICE (SEAR, ETC)*2 2 BONDED RAIL JOINTS (per mile, each rail, single bonded)1 0 BATTERY AND CHARGER (per set)1 2 2 TOTAL UNIT COUNT 44 PAVEMENT RESTORATION COSTS (Actual) Annual Maintenance Cost at $170/Unit $7,480 *UP supplied Unit Value November 19, 2018 0 0 0 1 0 3 0 0 0 0 0 4 AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS ESTIMATED MAINTENANCE COSTS BY THE UNION PACIFIC RAILROAD 3 0 3 EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Provisions For Contractor’s Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work as defined in this agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor’s employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Contractor’s company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:  100 feet of a locomotive or roadway/work equipment  15 feet of power operated tools  150 feet of jet blowers or pile drivers  150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs)  (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be:  Familiar and comply with Railroad’s rules on lockout/tagout of equipment.  Trained in and comply with the applicable operating rules if operating any hy-rail equipment on- track.  Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. City Council Agenda Item Report Agenda Item No. COV-346-2019 Submitted by: Brandon Araujo Submitting Department: Public Works Meeting Date: August 6, 2019 SUBJECT The Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the City of Vernon and Marquez Produce, Inc. Recommendation: A. Find that the proposed action – i.e., entering into an agreement with Marquez Produce, Inc. (“Marquez Produce”) –is categorical y exempt under the California Environmental y Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301 (Existing Facilities) part (d) and Section 15303 (New Construction or Conversion of Small Structures) part (d), because the Project is merely to upgrade existing equipment and add an additional appurtenant equipment; and B. Authorize the City Administrator to execute the Public At-Grade Crossing, 25th Street, DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California (“Agreement”) by and between City of Vernon (“City”) and Marquez Produce. Background: As a condition of approval for the new development at 1890 East 25th Street for Marquez Produce, Union Pacific Railroad Company (“Union Pacific”) required installation of a new gate with flashers and full upgrade on the existing flashers at the DOT #747602G crossing (“the Project.”) The City must enter into a separate agreement with Union Pacific to construct the Project. Since this Project is a condition of approval for a private development, the City’s preference would have been to have Union Pacific enter into an agreement directly with Marquez Produce. However, the City must enter into that separate agreement because Union Pacific enters into those agreements with public agencies only. The Public Works Department is now recommending that the City Council authorize the City Administrator to execute the Agreement with Marquez Produce in order to receive reimbursement for the City’s costs incurred on behalf of Marquez Produce. The proposed agreement has been reviewed and approved as to form by the City Attorney's office. Fiscal Impact: The current estimated cost of the project is $380,920.00. The annual maintenance of the railroad crossing warning signals is currently estimated to cost $7,480.00 per year. Funds will be made available in the Public Works' Street Maintenance budget for FY 2019-20 and in subsequent years. Entering into this agreement with Marquez Produce will allow the City to receive reimbursement from Marquez Produce for costs incurred as a result of the City’s agreement with Union Pacific Railroad. ATTACHMENTS 1. Public At-Grade Crossing Agreement by and between the City of Vernon and Marquez Produce PUBLIC AT-GRADE CROSSING 25th Street DOT 747602G MILE POST .652, Alameda Ind. Ld City of Vernon, Los Angeles County, California THIS AGREEMENT ("Agreement") is made and entered into as of the ________ day of __________, 20_ ("Effective Date"), by and between the CITY OF VERNON, a California charter City and California municipal corporation to be addressed at 4305 Santa Fe Ave., CA 90058 ("City") and Marquez Produce, Inc., a California Corporation, to be addressed at P.O. Box 21562, Los Angeles, CA 90021 (“Contractor”). RECITALS: The Contractor desires to undertake as its project (the “Project”) the removal of two existing flashers and the installation of a new gate mechanism at the existing 25th Street at-grade public road crossing DOT Number 747602G at Milepost .652 on Alameda Ind. Ld., owned and operated by Union Pacific Railroad Company (“Railroad”), at or near City of Vernon, Los Angeles County, California (the “Roadway”). The portion of the Roadway within the Railroad’s property is hereinafter referred to as the “Crossing Area.” The Crossing Area is shown on the print marked Exhibit A attached hereto and hereby made a part hereof. The City and the Railroad have entered into an agreement substantially similar to this Agreement at the request of Railroad (the “Railroad-City Agreement”). The City and the Contractor are entering into this Agreement to cover the above and establish that the City is serving as a pass-through intermediary to accomplish the Project for Contractor’s benefit. AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between the parties hereto as follows: Section 1. EXHIBIT B The general terms and conditions marked Exhibit B, are attached hereto and hereby made a part hereof. Section 2. CITY GRANTS RIGHT For and in consideration ONE THOUSAND DOLLARS ($1,000) to be paid by the Contractor to the City upon the execution and delivery of this Agreement and in further consideration of the Contractor’s agreement to perform and comply with the terms of this Agreement, the City hereby grants to the Contractor the right to construct, maintain and repair the Roadway over and across the Crossing Area. Section 3. DEFINITION OF CONTRACTOR For purposes of this Agreement the term “Contractor” shall include the contractor or contractors hired by the Contractor to perform any Project work on any portion of the Railroad’s property and shall also include the Contractor’s subcontractors and the Contractor’s and subcontractor’s respective employees, officers and agents, and others acting under its or their authority, including without limitation any CIC (defined below) hired by the Contractor. Section 4. CONTRACTOR'S RIGHT OF ENTRY AGREEMENT - INSURANCE A. Prior to Contractor performing any Project work within the Crossing Area or on any portion of Railroad’s property, and any subsequent maintenance or repair work, the City shall require the Contractor to: (i) execute the Railroad's then current form of Contractor's Right of Entry Agreement (“CROE”). (ii) obtain the then current insurance required in the CROE; and (iii) provide such insurance policies, certificates, binders and/or endorsements to the Railroad. B. The Railroad's current CROE is marked Exhibit D, attached hereto and hereby made a part hereof. The Contractor is required to execute such form of agreement and obtain the required insurance before commencing any work on any Railroad property. Under no circumstances will the Contractor be allowed on the Railroad's property without first executing the Railroad's CROE and obtaining the insurance set forth therein and also providing to the Railroad the insurance policies, binders, certificates and/or endorsements described therein. C. All insurance correspondence, binders, policies, certificates and/or endorsements shall be sent to: Senior Manager – Contracts Union Pacific Railroad Company Real Estate Department 1400 Douglas Street, Mail Stop 1690 Omaha, NE 68179-1690 UP File Folder No. 3156-46 Section 5. FEDERAL AID POLICY GUIDE If the Contractor will be receiving any federal funding for the Project, the applicable rules, regulations and provisions of the Federal Aid Policy Guide as contained in 23 CFR 140, Subpart I and 23 CFR 646, Subparts A and B as of the Effective Date are incorporated into this Agreement by reference. Section 6. NO PROJECT EXPENSES TO BE BORNE BY CITY The Contractor agrees that no Project costs and expenses are to be borne by the City, including without limitation any cost and expense for work performed by Contractor and/or any CIC. In addition, the City is not required to contribute any funding for the Project. Section 7. WORK TO BE PERFORMED BY RAILROAD; BILLING SENT TO CONTRACTOR; CONTRACTOR'S PAYMENT OF BILLS A. The work to be performed by the Railroad, at the Contractor's sole cost and expense, is described in the Railroad's Material and Force Account Estimate dated November 14, 2018, marked Exhibit C, attached hereto and hereby made a part hereof (the "Estimate"). As set forth in the Estimate, the Railroad's estimated cost for the Railroad's work associated with the Project is Three Hundred Eighty Thousand Nine Hundred Twenty Dollars ($380,920). B. The Railroad, if it so elects, may recalculate and update the Estimate submitted to the City in the event the Contractor does not commence construction on the portion of the Project located on the Railroad’s property within six (6) months from the date of the Estimate. C. Railroad, in its sole and absolute discretion, shall determine whether a flagman or other special protective or safety measures are required in connection with the Project (any of the foregoing, collectively “Flagging Services”). For purposes of clarity, Railroad and the City and the Contractor each acknowledge that Railroad may contract a CIC for the performance of any Flagging Services that are part of Railroad’s work (as provided in Section 4 of Exhibit B) or, alternatively, that the Contractor may hire a CIC as a Contractor to perform Flagging Services, subject to Section 6.C of Exhibit B and any and all other applicable terms and conditions set forth in this Agreement. If any Flagging Services are to be performed in connection with the Project, then, after consultation with the City, Railroad shall determine, in Railroad’s sole and absolute discretion, whether Railroad or the CIC will bill the City or, alternatively, the Contractor directly, for the costs of such Flagging Services. The Contractor acknowledges that whether or not the Estimate includes costs for Flagging Services performed by Railroad or a CIC, as applicable, such costs shall be at no expense to Railroad or the City. D. The City shall send progressive billing to the Contractor during the Project and final billing to the Contractor within three hundred sixty (360) days after receiving written notice from the Contractor that all Project work affecting the Railroad's property has been completed. E. The Contractor agrees to reimburse the City (or the Railroad, in the event the Railroad bills the Contractor directly) within thirty (30) days of its receipt of billing from the City or the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, all actual costs of engineering review (including preliminary engineering review costs incurred by Railroad prior to the Effective Date of this Agreement), construction, inspection, flagging, procurement of materials, equipment rental, manpower and deliveries to the job site and all direct and indirect overhead labor/construction costs including Railroad's standard additive rates. Section 8. PLANS A. The Contractor, at its expense, shall prepare, or cause to be prepared by others, the detailed plans and specifications for the Project and submit such plans and specifications to the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, for prior review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The final one hundred percent (100%) completed plans that are approved in writing by the Railroad’s Assistant Vice President Engineering-Design, or his authorized representative, are hereinafter referred to as the “Plans”. The Plans are hereby made a part of this Agreement by reference. C. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. D. The Railroad's review and approval of the Plans in no way relieves the City or the Contractor from their responsibilities, obligations and/or liabilities under this Agreement, and will be given with the understanding that the Railroad makes no representations or warranties as to the validity, accuracy, legal compliance or completeness of the Plans and that any reliance by the City or Contractor on the Plans is at the risk of the City and Contractor. Section 9. NON-RAILROAD IMPROVEMENTS A. Submittal of plans and specifications for protecting, encasing, reinforcing, relocation, replacing, removing and abandoning in place all non-railroad owned facilities (the "Non Railroad Facilities") affected by the Project including, without limitation, utilities, fiber optics, pipelines, wirelines, communication lines and fences is required under Section 8. The Non Railroad Facilities plans and specifications shall comply with Railroad's standard specifications and requirements, including, without limitation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines. Railroad has no obligation to supply additional land for any Non Railroad Facilities and does not waive its right to assert preemption defenses, challenge the right-to-take, or pursue compensation in any condemnation action, regardless if the submitted Non Railroad Facilities plans and specifications comply with Railroad's standard specifications and requirements. Railroad has no obligation to permit any Non Railroad Facilities to be abandoned in place or relocated on Railroad's property. B. Upon Railroad's approval of submitted Non Railroad Facilities plans and specifications, Railroad will attempt to incorporate them into new agreements or supplements of existing agreements with Non Railroad Facilities owners or operators. Railroad may use its standard terms and conditions, including, without limitation, its standard license fee and administrative charges when requiring supplements or new agreements for Non Railroad Facilities. Non Railroad Facilities work shall not commence before a supplement or new agreement has been fully executed by Railroad and the Non Railroad Facilities owner or operator, or before Railroad and City mutually agree in writing to (i) deem the approved Non Railroad Facilities plans and specifications to be Plans pursuant to Section 8B, (ii) deem the Non Railroad Facilities part of the Roadway, and (iii) supplement this Agreement with terms and conditions covering the Non Railroad Facilities. Section 10. EFFECTIVE DATE; TERM; TERMINATION A. This Agreement is effective as of the Effective Date and shall continue in full force and effect for as long as the Roadway remains on the Railroad’s property. B. The City, if it so elects, may terminate this Agreement effective upon delivery of written notice to the Contractor in the event the Contractor does not commence construction on the portion of the Project located on the Railroad’s property within twelve (12) months from the Effective Date. C. If the Agreement is terminated as provided above, or for any other reason, the Contractor shall pay to the City all actual costs incurred by the Railroad in connection with the Project up to the date of termination, including, without limitation, all actual costs incurred by the Railroad in connection with reviewing any preliminary or final Project Plans. Section 11. CONDITIONS TO BE MET BEFORE CONTRACTOR CAN COMMENCE WORK The Contractor shall not commence any work within the Crossing Area or on any other Railroad property until: (i) The Railroad and the City have executed the Railroad-City Agreement; (ii) The City and the Contractor have executed this Agreement; (iii) The Railroad has provided to the City the Railroad’s written approval of the Plans; and (iv) The Contractor has (a) executed Railroad’s CROE and obtained and/or provided to the Railroad the insurance policies, certificates, binders, and/or endorsements required under the CROE; (b) provided the advance notice(s) required under the CROE to the Railroad representative(s) named in the CROE; and (c) participated in a preconstruction meeting to coordinate work activities with Railroad if any work to be provided by the Contractor will involve flagging protection and/or if there is separate work to be performed by the Railroad for the Project. Section 12. FUTURE PROJECTS Future projects involving substantial maintenance, repair, reconstruction, renewal and/or demolition of the Roadway shall not commence until Railroad, City and Contractor agree on the plans for such future projects, cost allocations, right of entry terms and conditions and temporary construction rights, terms and conditions. Section 13. ASSIGNMENT; SUCCESSORS AND ASSIGNS A. Contractor shall not assign this Agreement without the prior written consent of City. B. Subject to the provisions of Paragraph A above, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of City and Contractor. Section 14. FEDERAL FUNDING If the Contractor will be receiving any federal funds for the Project, the Contractor agrees that it is solely responsible for performing and completing all reporting requirements in connection with the Project and receipt of such funding and that the City shall not have any responsibility in connection with the same. The Contractor also confirms and acknowledges that (A) the Railroad shall provide to the City the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing, and (B) such standard and customary billing and documentation from the Railroad provides the information needed by the Contractor to perform and complete any such reporting requirements in connection with any federal funding. The City confirms that the Contractor shall have the right to audit the City's billing and documentation for the Project as provided in Exhibit B of this Agreement. Section 15. ANNUAL SIGNAL MAINTENANCE FEE A. Effective as of the Effective Date of this Agreement, the Contractor, in addition to maintaining at its sole cost and expense the portion of the Road Crossing described in Section 2 of Exhibit B, agrees to pay to City, as described in the Railroad's AREMA Unit Statement of Railroad Highway Grace Crossing Signals Estimated Maintenance Costs for PID #107199 by the Union Pacific Railroad, dated November 19, 2018, marked Exhibit E, attached hereto and hereby made a part hereof (the "Maintenance Estimate"). the sum of Seven Thousand Four Hundred Eighty Dollars ($7,480) per annum, payable annually in advance, as payment for Railroad's maintenance of the railroad crossing warning signals that are to be installed by the Railroad at the Road Crossing site. B. The above annual fee is based on the number of current signal units at the Road Crossing. Effective on the first anniversary of this Agreement and on the anniversary date of each subsequent one year period, the annual fee may be increased at a rate based on the American Association of Railroad’s (AAR) signal unit cost index. Such changes in the maintenance fee may be made by the Railroad by means of automatic adjustment in billing. The signal unit base for the annual fee may be re-determined by the Railroad at any time subsequent to the expiration of five (5) years following the date on which the annual rental was last determined or established. Such changes in the maintenance fee may be made by means of automatic adjustment in billing. C. The Contractor shall execute the Maintenance Covenant and Agreement marked Exhibit F attached hereto and hereby made a part hereof wherein the Maintenance Covenant and Agreement shall run with the land and shall be binding upon any future owners, encumbrancers, their successors, heirs or assigns and shall continue in effect until the City approves its termination. [Signatures Begin on Next Page] IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the Effective Date first herein written. City of Vernon, a California charter City and California municipal corporation By: ____________________________ Carlos Fandino City Administrator Marquez Produce, Inc., a California corporation By: Name: Rafael Marquez Title: President/Chief Executive Officer ATTEST: _______________________________ Deborah Harrington Interim City Clerk By: Name: Beatriz Marquez Title: Chief Financial Officer APPROVED AS TO FORM: _______________________________ Brian Byun Senior Deputy City Attorney EXHIBIT A TO PUBLIC AT GRADE CROSSING AGREEMENT Exhibit A will be a print showing the Crossing Area Exhibit A Railroad Location Print EXHIBIT “A” RAILROAD LOCATION PRINT FOR AN EXISTING AT-GRADE PUBLIC ROAD CROSSING UNION PACIFIC RAILROAD COMPANY ALAMEDA IND. LD. RAILROAD MILE POST .652 CITY OF VERNON, LOS ANGELES COUNTY, CA To accompany an agreement with CITY OF VERNON/CONTRACTOR Folder No. 3156-46 Date: May 24, 2019 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 DOT 747602G . EXHIBIT B TO PUBLIC AT GRADE CROSSING AGREEMENT SECTION 1. CONDITIONS AND COVENANTS A. The City makes no covenant or warranty of title for quiet possession or against encumbrances. The Contractor shall not use or permit use of the Crossing Area for any purposes other than those described in this Agreement. Without limiting the foregoing, the Contractor shall not use or permit use of the Crossing Area for railroad purposes, or for gas, oil or gasoline pipe lines. Any lines constructed on the Railroad's property by or under authority of the Contractor for the purpose of conveying electric power or communications incidental to the City's use of the property for highway purposes shall be constructed in accordance with specifications and requirements of the Railroad, and in such manner as not adversely to affect communication or signal lines of the Railroad or its licensees now or hereafter located upon said property. No nonparty shall be admitted by the Contractor to use or occupy any part of the Railroad's property without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent. B. The Railroad reserves the right to cross the Crossing Area with such railroad tracks as may be required for its convenience or purposes. In the event the Railroad shall place additional tracks upon the Crossing Area, the Contractor shall, at its sole cost and expense, modify the Roadway to conform with all tracks within the Crossing Area. C. The right hereby granted is subject to any existing encumbrances and rights (whether public or private), recorded or unrecorded, and also to any renewals thereof. The Contractor shall not damage, destroy or interfere with the property or rights of nonparties in, upon or relating to the Railroad's property, unless the Contractor at its own expense settles with and obtains releases from such nonparties. D. The Railroad reserves the right to use and to grant to others the right to use the Crossing Area for any purpose not inconsistent with the right hereby granted, including, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace tracks, facilities and appurtenances on the property; and the right to cross the Crossing Area with all kinds of equipment. E. So far as it lawfully may do so, the Contractor will assume, bear and pay all taxes and assessments of whatsoever nature or kind (whether general, local or special) levied or assessed upon or against the Crossing Area, excepting taxes levied upon and against the property as a component part of the Railroad's operating property. F. If any property or rights other than the right hereby granted are necessary for the construction, maintenance and use of the Roadway and its appurtenances, or for the performance of any work in connection with the Project, the Contractor will acquire all such other property and rights at its own expense and without expense to the Railroad nor the City. SECTION 2. CONSTRUCTION OF ROADWAY A. The Contractor, at its expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the Project, and will furnish the City upon request with satisfactory evidence that such authority has been obtained. B. Except as may be otherwise specifically provided herein, the Contractor, at its expense, will furnish all necessary labor, material and equipment, and shall construct and complete the Roadway and all appurtenances thereof. The appurtenances shall include, without limitation, all necessary and proper highway warning devices (except those installed by the Railroad within its right of way) and all necessary drainage facilities, guard rails or barriers, and right of way fences between the Roadway and the railroad tracks. Upon completion of the Project, the Contractor shall remove from the Railroad's property all temporary structures and false work, and will leave the Crossing Area in a condition satisfactory to the Railroad. C. All construction work of the Contractor upon the Railroad's property (including, but not limited to, construction of the Roadway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Assistant Vice President Engineering-Design of the Railroad or his authorized representative and in compliance with the Plans, and other guidelines furnished by the Railroad. D. All construction work of the Contractor shall be performed diligently and completed within a reasonable time. No part of the Project shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of the Contractor. The Contractor hereby assumes the risk of any such delays and agrees that no claims for damages on account of any delay shall be made against the Railroad nor the City by the State and/or the Contractor. SECTION 3. INJURY AND DAMAGE TO PROPERTY If the Contractor, in the performance of any work contemplated by this Agreement or by the failure to do or perform anything for which the Contractor is responsible under the provisions of this Agreement, shall injure, damage or destroy any property of the Railroad or the City or of any other person lawfully occupying or using the property of the Railroad, such property shall be replaced or repaired by the Contractor at the Contractor’s own expense, or by the Railroad at the expense of the Contractor, and to the satisfaction of the Railroad's Assistant Vice President Engineering-Design. SECTION 4. RAILROAD MAY USE CONTRACTORS TO PERFORM WORK The Railroad may contract for the performance of any of its work by other than the Railroad forces. The Railroad shall notify the City of the contract price within ninety (90) days after it is awarded. The City shall, in turn, notify the Contractor of the contract price within ninety (90) days after City has received notification from the Railroad. The Contractor shall reimburse the City for the amount of the contract. SECTION 5. MAINTENANCE AND REPAIRS A. The Contractor shall, at its own sole expense, maintain, repair, and renew, or cause to be maintained, repaired and renewed, the entire Crossing Area and Roadway, except the portions between the track tie ends, which shall be maintained by and at the expense of the Railroad. B. If, in the future, the City and/or the Contractor elects to have the surfacing material between the track tie ends, or between tracks if there is more than one railroad track across the Crossing Area, replaced with paving or some surfacing material other than timber planking, the Railroad, at the Contractor’s expense, shall install such replacement surfacing, and in the future, to the extent repair or replacement of the surfacing is necessitated by repair or rehabilitation of the Railroad’s tracks through the Crossing Area, the Contractor shall bear the expense of such repairs or replacement. SECTION 6. CHANGES IN GRADE If at any time the Railroad shall elect, or be required by competent authority to, raise or lower the grade of all or any portion of the track(s) located within the Crossing Area, the Contractor shall, at its own expense, conform the Roadway to conform with the change of grade of the trackage. SECTION 7. REARRANGEMENT OF WARNING DEVICES If the change or rearrangement of any warning device installed hereunder is necessitated for public or Railroad convenience or on account of improvements for either the Railroad, highway or both, the parties will apportion the expense incidental thereto between themselves by negotiation, agreement or by the order of a competent authority before the change or rearrangement is undertaken. SECTION 8. SAFETY MEASURES; PROTECTION OF RAILROAD COMPANY OPERATIONS It is understood and recognized that safety and continuity of the Railroad's operations and communications are of the utmost importance; and in order that the same may be adequately safeguarded, protected and assured, and in order that accidents may be prevented and avoided, it is agreed with respect to all of said work of the Contractor that the work will be performed in a safe manner and in conformity with the following standards: A. Definitions. All references in this Agreement to the Contractor shall also include their respective officers, agents and employees, and others acting under its or their authority; and all references in this Agreement to work of the Contractor shall include work both within and outside of the Railroad’s property. B. Entry on to Railroad's Property by Contractor. With respect to entry on to Railroad’s property, the Contractor, to the extent permitted by law, agrees to release, defend and indemnify the Railroad and the City from and against any loss, damage, injury, liability, claim, cost or expense incurred by any person including, without limitation, the Contractor’s employees, or damage to any property or equipment (collectively the “Loss”) that arises from the presence or activities of Contractor’s employees on Railroad’s property, except to the extent that any Loss is caused by the sole direct negligence of Railroad or the City. C. Flagging. (i) If the Contractor's employees need to enter Railroad's property as provided in Paragraph B above, the Contractor agrees to notify the Railroad Representative and the City at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30) day notice, the Railroad Representative will determine and inform the City whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. (ii) The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one- half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor shall pay on the basis of the new rates and charges. Reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. (iii) The City or its Contractor shall be permitted to hire a private contractor (such private contractor being commonly known in the railroad industry as a contractor- in- charge (“CIC”)) to perform Flagging Services in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to receiving prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit the City or its Contractor to utilize a CIC pursuant to the preceding sentence, the City or its Contractor, as applicable, shall be required to obtain Railroad’s prior written approval for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the Flagging Services to be performed by the approved CIC; and (iii) any other terms and conditions governing the Flagging Services to be provided by the CIC. Railroad reserves the right to rescind any approval pursuant to this section, in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion, (iv) If any flagging or other special protective or safety measures are performed by Railroad and/or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this Agreement. D. Compliance With Laws. The Contractor shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work. The Contractor shall use only such methods as are consistent with safety, both as concerns the Contractor, the Contractor's agents and employees, the officers, agents, employees and property of the Railroad and the public in general. The Contractor (without limiting the generality of the foregoing) shall comply with all applicable state and federal occupational safety and health acts and regulations. All Federal Railroad Administration regulations shall be followed when work is performed on the Railroad's premises. If any failure by the Contractor to comply with any such laws, regulations, and enactments, shall result in any fine, penalty, cost or charge being assessed, imposed or charged against the Railroad, the Contractor shall reimburse, and to the extent it may lawfully do so, indemnify the Railroad and/or the City for any such fine, penalty, cost, or charge, including without limitation attorney's fees, court costs and expenses. The Contractor further agrees in the event of any such action, upon notice thereof being provided by the Railroad, to defend such action free of cost, charge, or expense to the Railroad and/or the City. E. No Interference or Delays. The Contractor shall not do, suffer or permit anything which will or may obstruct, endanger, interfere with, hinder or delay maintenance or operation of the Railroad's tracks or facilities, or any communication or signal lines, installations or any appurtenances thereof, or the operations of others lawfully occupying or using the Railroad's property or facilities. F. Supervision. The Contractor, at its own expense, shall adequately police and supervise all work to be performed by the Contractor, and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad may be responsible, or to property of the Railroad. The responsibility of the City for safe conduct and adequate policing and supervision of the Project shall not be lessened or otherwise affected by the Railroad's or the City’s approval of plans and specifications, or by the Railroad's or the City’s collaboration in performance of any work, or by the presence at the work site of the Railroad's or the City’s representatives, or by compliance by the Contractor with any requests or recommendations made by such representatives. If a representative of the Railroad and/or the City is assigned to the Project, the Contractor will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. G. Suspension of Work. If at any time the City’s engineers or the Vice President- Engineering Services of the Railroad or their respective representatives shall be of the opinion that any work of the Contractor is being or is about to be done or prosecuted without due regard and precaution for safety and security, the Contractor shall immediately suspend the work until suitable, adequate and proper protective measures are adopted and provided. H. Removal of Debris. The Contractor shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad and/or the City; and any such material and debris shall be promptly removed from the Railroad's and/or the City’s property by the Contractor at the Contractor’s own expense or by the Railroad at the expense of the Contractor or by the City at the expense of the Contractor. The Contractor shall not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during snow removal from the Crossing Area. I. Explosives. The Contractor shall not discharge any explosives on or in the vicinity of the Railroad's property without the prior consent of the Railroad's Vice President-Engineering Services, which shall not be given if, in the sole discretion of the Railroad's Vice President-Engineering Services, such discharge would be dangerous or would interfere with the Railroad's property or facilities. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place on the Railroad's property or in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons, or cause damage to or interference with the facilities or operations on the Railroad's property. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. J. Excavation. The Contractor shall not excavate from existing slopes nor construct new slopes which are excessive and may create hazards of slides or falling rock, or impair or endanger the clearance between existing or new slopes and the tracks of the Railroad. The Contractor shall not do or cause to be done any work which will or may disturb the stability of any area or adversely affect the Railroad's tracks or facilities. The Contractor, at its own expense, shall install and maintain adequate shoring and cribbing for all excavation and/or trenching performed by the Contractor in connection with construction, maintenance or other work. The shoring and cribbing shall be constructed and maintained with materials and in a manner approved by the Railroad's Assistant Vice President Engineering - Design to withstand all stresses likely to be encountered, including any stresses resulting from vibrations caused by the Railroad's operations in the vicinity. K. Drainage. The Contractor, at the Contractor's own expense, shall provide and maintain suitable facilities for draining the Roadway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. The Contractor, at the Contractor's own expense, shall provide adequate passageway for the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culvert and drainage facilities), so that said waters may not, because of any facilities or work of the Contractor, be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. The Contractor shall not obstruct or interfere with existing ditches or drainage facilities. L. Notice. Before commencing any work, the Contractor shall provide the advance notice that is required under the Contractor's Right of Entry Agreement. M. Fiber Optic Cables. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800- 336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. SECTION 9. INTERIM WARNING DEVICES If at any time it is determined by a competent authority, by the City, or by agreement between the parties, that new or improved train activated warning devices should be installed at the Crossing Area, the Contractor shall install adequate temporary warning devices or signs and impose appropriate vehicular control measures to protect the motoring public until the new or improved devices have been installed. SECTION 10. OTHER RAILROADS All protective and indemnifying provisions of this Agreement shall inure to the benefit of the Railroad and any other railroad company lawfully using the Railroad's property or facilities. SECTION 11. BOOKS AND RECORDS The books, papers, records and accounts of City, so far as they relate to the items of expense for the materials to be provided by City under this Project, or are associated with the work to be performed by Railroad under this Project, shall be open to inspection and audit at City's offices in Vernon, California, during normal business hours by the agents and authorized representatives of Contractor for a period of three (3) years following the date of Railroad's last billing sent to City. SECTION 12. REMEDIES FOR BREACH OR NONUSE A. If the Contractor shall fail, refuse or neglect to perform and abide by the terms of this Agreement, the Railroad, in addition to any other rights and remedies, may perform any work which in the judgment of the Railroad is necessary to place the Roadway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and the Contractor will reimburse the Railroad and/or the City for the expenses thereof. B. Nonuse by the Contractor of the Crossing Area for public highway purposes continuing at any time for a period of eighteen (18) months shall, at the option of the Railroad, work a termination of this Agreement and of all rights of the Contractor hereunder. C. The Contractor will surrender peaceable possession of the Crossing Area and Roadway upon termination of this Agreement. Termination of this Agreement shall not affect any rights, obligations or liabilities of the parties, accrued or otherwise, which may have arisen prior to termination. SECTION 13. MODIFICATION - ENTIRE AGREEMENT No waiver, modification or amendment of this Agreement shall be of any force or effect unless made in writing, signed by the Contractor and the City and specifying with particularity the nature and extent of such waiver, modification or amendment. Any waiver by the City of any default by the Contractor shall not affect or impair any right arising from any subsequent default. This Agreement and Exhibits attached hereto and made a part hereof constitute the entire understanding between the Contractor and the City and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work or any part thereof. EXHIBIT C TO PUBLIC AT GRADE CROSSING AGREEMENT Exhibit C (if applicable) will be Railroad's Material and Force Agreement Estimate. Material And Force Account Estimate CITY OF VERNON Estimate Creation Date: 11/14/2018 Number: 119824 Version: 1 Estimate Good Until 08/14/19 Location: ALAMEDA IND LD, INDL, .19-1.22 Buy America: Yes Description of Work: LOS ANGELES, CA, 25TH STREET, M.P. 0.65, ALAMEDA INDUSTRIAL LEAD, DOT#747602G, WO#46891, (100% RECOLLECTABLE) COMMENTS Description QTY UOM Unit LABOR MATERIAL TOTAL Cost SIGNAL Xing - Engineering Design 1 LS 4,351.00 4,351 0 4,351 Xing - 1 Trk Ring-10 w/Gates 1 EA 126,839.00 43,600 83,239 126,839 Xing - Add Gates ExistingLocation (pair)0.5 EA 58,483.00 13,000 16,242 29,242 Xing - CAR14/24 1 LS 1,642.00 0 1,642 1,642 Xing - Sidelight 1 EA 907.00 0 907 907 Xing - Meter Service 1 LS 10,000.00 0 10,000 10,000 Xing - Fill/Rock/Gravel 1 LS 2,500.00 0 2,500 2,500 Xing - Boring 1 LS 10,000.00 0 10,000 10,000 CONCRETE/FOUNDATIONREMOVAL Xing - Misc.1 LS 10,000.00 0 10,000 10,000 Xing - Remove Location 1 LS 2,000.00 2,000 0 2,000 FEDERAL 190.55% (SIG)Xing - Labor Additive 1 LS 119,953.13 119,953 0 119,953 Sub-Total = 182,904 134,530 317,434 PROJECT LEVEL COST Contingency 20 %3,174.34 36,581 26,906 63,487 Sub-Total = 36,581 26,906 63,487 Totals = 219,485 161,435 380,920 Grand Total = $380,920 Please Note: The above figures are estimates only and are subject to fluctuation. In the event of an increase or decrease in the cost or amount of material or labor required, MARQUEZ PRODUCE, INC. will pay actual construction costs at the current rates effective thereof. ____________________________________________________________________________________________________________________________________ Wednesday, November 14, 2018 Page 1 of 1 EXHIBIT D TO PUBLIC AT-GRADE CROSSING AGREEMENT Exhibit D will be Current Form of Contractor’s Right of Entry Agreement Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 03/09/2017 3156-46 1 CONTRACTOR'S RIGHT OF ENTRY AGREEMENT THIS AGREEMENT is made and entered into as of the ______ day of _______________________, 2019, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation ("Railroad"); and ___________________________________________________, a ______________________ corporation ("Contractor"). RECITALS: Contractor has been hired by the City of Vernon (“City”) the removal of two existing flashers and the installation of a new gate mechanism at the existing 25th Street at-grade public road crossing DOT Number 747602G at Railroad’s Milepost .652 on Railroad’s Alameda Ind. Ld. at or near City of Vernon, Los Angeles County, California, as the location is described in the general location shown on the Railroad Location Print marked Exhibit A, attached hereto and hereby made a part hereof, which work is the subject of an agreement dated , 2019, between the Railroad and the City. Railroad is willing to permit Contractor to perform the work described above at the location described above subject to the terms and conditions contained in this agreement AGREEMENT: NOW, THEREFORE, it is mutually agreed by and between Railroad and Contractor, as follows: ARTICLE 1 - DEFINITION OF CONTRACTOR. For purposes of this agreement, all references in this agreement to Contractor shall include Contractor's contractors, subcontractors, officers, agents and employees, and others acting under its or their authority. For purposes of clarity, Contractor agrees that any CIC (defined below) hired by Contractor is a subcontractor of Contractor and therefore included in the defined term Contractor pursuant to the foregoing sentence. ARTICLE 2 - RIGHT GRANTED; PURPOSE. Railroad hereby grants to Contractor the right, during the term hereinafter stated and upon and subject to each and all of the terms, provisions and conditions herein contained, to enter upon and have ingress to and egress from the property described in the Recitals for the purpose of performing the work described in the Recitals above. The right herein granted to Contractor is limited to those portions of Railroad's property specifically described herein, or as designated by the Railroad Representative named in Article 4. ARTICLE 3 - TERMS AND CONDITIONS CONTAINED IN EXHIBITS B, C AND D. The terms and conditions contained in Exhibit B, Exhibit C and Exhibit D, attached hereto, are hereby made a part of this agreement. ARTICLE 4 - ALL EXPENSES TO BE BORNE BY CONTRACTOR; RAILROAD REPRESENTATIVE. A. Contractor shall bear any and all costs and expenses associated with any work performed by Contractor (including without limitation any CIC), or any costs or expenses incurred by Railroad relating to this agreement. Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 03/09/2017 3156-46 2 B. Contractor shall coordinate all of its work with the following Railroad representative or his or her duly authorized representative (the "Railroad Representative"): Luis Travieso Mgr Track Mntce 909-685-2469 ldtravie@up.com C. Contractor, at its own expense, shall adequately police and supervise all work to be performed by Contractor and shall ensure that such work is performed in a safe manner as set forth in Section 7 of Exhibit B. The responsibility of Contractor for safe conduct and adequate policing and supervision of Contractor's work shall not be lessened or otherwise affected by Railroad's approval of plans and specifications involving the work, or by Railroad's collaboration in performance of any work, or by the presence at the work site of a Railroad Representative, or by compliance by Contractor with any requests or recommendations made by Railroad Representative. ARTICLE 5 - SCHEDULE OF WORK ON A MONTHLY BASIS. The Contractor, at its expense, shall provide on a monthly basis a detailed schedule of work to the Railroad Representative named in Article 4B above. The reports shall start at the execution of this agreement and continue until this agreement is terminated as provided in this agreement or until the Contractor has completed all work on Railroad’s property. ARTICLE 6 - TERM; TERMINATION. A. The grant of right herein made to Contractor shall commence on the date of this agreement, and continue until __________________________, unless sooner terminated as herein provided, or at such time as Contractor has completed its work on Railroad's property, whichever is earlier. Contractor agrees to notify the Railroad Representative in writing when it has completed its work on Railroad's property. B. This agreement may be terminated by either party on ten (10) days written notice to the other party. ARTICLE 7 - CERTIFICATE OF INSURANCE. A. Before commencing any work, contractor will provide Railroad with the (i) insurance binders, policies, certificates and endorsements set forth in Exhibit C of this agreement, and (ii) the insurance endorsements obtained by each subcontractor as required under Section 12 of Exhibit B of this agreement. B. All insurance correspondence, binders, policies, certificates and endorsements shall be sent to: Union Pacific Railroad Company 1400 Douglas STOP 1690 Omaha, NE 68179 Folder 3156-46 ARTICLE 8 - PRECONSTRUCTION MEETING. If the work to be performed by the Contractor will involve the Railroad providing any flagging protection (or if a CIC is approved to provide flagging protection pursuant to the terms set forth herein) and/or there is separate work to be performed by the Railroad, the Contractor confirms that no work shall commence until the Railroad and Contractor participate in a preconstruction meeting involving flagging procedures and coordination of work activities of the Contractor and the Railroad (and any CIC, as applicable.) Contractor's Right of Entry (Private Flagging Contractor) Form Approved - UPRR Law Dept 03/09/2017 3156-46 3 ARTICLE 9. DISMISSAL OF CONTRACTOR'S EMPLOYEE. At the request of Railroad, Contractor shall remove from Railroad's property any employee of Contractor who fails to conform to the instructions of the Railroad Representative in connection with the work on Railroad's property, and any right of Contractor shall be suspended until such removal has occurred. Contractor shall indemnify Railroad against any claims arising from the removal of any such employee from Railroad's property. ARTICLE 10. ADMINISTRATIVE FEE. Upon the execution and delivery of this agreement, Contractor shall pay to Railroad ($1025.00) as reimbursement for clerical, administrative and handling expenses in connection with the processing of this agreement. ARTICLE 11. CROSSINGS; COMPLIANCE WITH MUTCD AND FRA GUIDELINES. A. No additional vehicular crossings (including temporary haul roads) or pedestrian crossings over Railroad's trackage shall be installed or used by Contractor without the prior written permission of Railroad. B. Any permanent or temporary changes, including temporary traffic control, to crossings must conform to the Manual of Uniform Traffic Control Devices (MUTCD) and any applicable Federal Railroad Administration rules, regulations and guidelines, and must be reviewed by the Railroad prior to any changes being implemented. In the event the Railroad is found to be out of compliance with federal safety regulations due to the Contractor’s modifications, negligence, or any other reason arising from the Contractor’s presence on the Railroad’s property, the Contractor agrees to assume liability for any civil penalties imposed upon the Railroad for such noncompliance. ARTICLE 12.- EXPLOSIVES. Explosives or other highly flammable substances shall not be stored or used on Railroad's property without the prior written approval of Railroad. IN WITNESS WHEREOF, the parties hereto have duly executed this agreement in duplicate as of the date first herein written. UNION PACIFIC RAILROAD COMPANY By: Title:___________________________________ (Name of Contractor) By: Title: EXHIBIT A TO CONTRACTOR’S RIGHT OF ENTRY AGREEMENT Exhibit A will be a print showing the general location of the work site. Exhibit A Railroad Location Print EXHIBIT “A” RAILROAD LOCATION PRINT FOR AN EXISTING AT-GRADE PUBLIC ROAD CROSSING UNION PACIFIC RAILROAD COMPANY ALAMEDA IND. LD. RAILROAD MILE POST .652 CITY OF VERNON, LOS ANGELES COUNTY, CA To accompany an agreement with CITY OF VERNON/CONTRACTOR Folder No. 3156-46 Date: May 24, 2019 WARNING IN ALL OCCASIONS, U.P. COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800) 336-9193 DOT 747602G . EXHIBIT B TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Section 1. NOTICE OF COMMENCEMENT OF WORK - RAILROAD FLAGGING - PRIVATE FLAGGING. A. Contractor agrees to notify the Railroad Representative at least ten (10) working days in advance of Contractor commencing its work and at least thirty (30) working days in advance of proposed performance of any work by Contractor in which any person or equipment will be within twenty-five (25) feet of any track, or will be near enough to any track that any equipment extension (such as, but not limited to, a crane boom) will reach to within twenty-five (25) feet of any track. B. No work of any kind shall be performed, and no person, equipment, machinery, tool(s), material(s), vehicle(s), or thing(s) shall be located, operated, placed, or stored within twenty-five (25) feet of any of Railroad's track(s) at any time, for any reason, unless and until a Railroad approved flagman is provided to watch for trains. Upon receipt of such thirty (30)-day notice, the Railroad Representative will determine and inform Contractor whether a flagman need be present and whether Contractor needs to implement any special protective or safety measures. C. Contractor shall be permitted to hire a private contractor to perform flagging or other special protective or safety measures (such private contractor being commonly known in the railroad industry as a contractor-in-charge (“CIC”)) in lieu of Railroad providing such services or in concert with Railroad providing such services, subject to prior written approval by Railroad, which approval shall be in Railroad’s sole and absolute discretion. If Railroad agrees to permit Contractor to utilize a CIC pursuant to the preceding sentence, Contractor shall obtain Railroad’s prior approval in writing for each of the following items, as determined in all respects in Railroad’s sole and absolute discretion: (i) the identity of the third-party performing the role of CIC; (ii) the scope of the services to be performed for the project by the approved CIC; and (iii) any other terms and conditions governing such services to be provided by the CIC. If flagging or other special protective or safety measures are performed by an approved CIC, Contractor shall be solely responsible for (and shall timely pay such CIC for) its services. Railroad reserves the right to rescind any approval pursuant to this Section 1, Subsection C., in whole or in part, at any time, as determined in Railroad’s sole and absolute discretion. D. If any flagging or other special protective or safety measures are performed by employees of Railroad and/or any contractor of Railroad, Railroad will bill Contractor for such expenses incurred by Railroad, unless Railroad and a federal, state or local governmental entity have agreed that Railroad is to bill such expenses to the federal, state or local governmental entity. If Railroad will be sending the bills to Contractor, Contractor shall pay such bills within thirty (30) days of Contractor's receipt of billing. E. If any flagging or other special protective or safety measures are performed by Railroad or a CIC, Contractor agrees that Contractor is not relieved of any of its responsibilities or liabilities set forth in this agreement. F. The provisions set forth in this subsection are only applicable for Flagging Services performed by employees of Railroad: the rate of pay per hour for each flagman will be the prevailing hourly rate in effect for an eight- hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with labor agreements and schedules in effect at the time the work is performed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liability and Property Damage and Administration will be included, computed on actual payroll. The composite charge will be the prevailing composite charge in effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one-half times current hourly rate for holidays. Wage rates are subject to change, at any time, by law or by agreement between Railroad and its employees, and may be retroactive as a result of negotiations or a ruling of an authorized governmental agency. Additional charges on labor are also subject to change. If the wage rate or additional charges are changed, Contractor (or the governmental entity, as applicable) shall pay on the basis of the new rates and charges. If flagging is performed by Railroad, reimbursement to Railroad will be required covering the full eight-hour day during which any flagman is furnished, unless the flagman can be assigned to other Railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagman is engaged in other Railroad work. Reimbursement will also be required for any day not actually worked by the flagman following the flagman's assignment to work on the project for which Railroad is required to pay the flagman and which could not reasonably be avoided by Railroad by assignment of such flagman to other work, even though Contractor may not be working during such time. When it becomes necessary for Railroad to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Contractor must provide Railroad a minimum of five (5) days notice prior to the cessation of the need for a flagman. If five (5) days notice of cessation is not given, Contractor will still be required to pay flagging charges for the five (5) day notice period required by union agreement to be given to the employee, even though flagging is not required for that period. An additional thirty (30) days notice must then be given to Railroad if flagging services are needed again after such five day cessation notice has been given to Railroad. Section 2. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED A. The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Railroad to use and maintain its entire property including the right and power of Railroad to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, roadways, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by Railroad without liability to Contractor or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (whether recorded or unrecorded and including those in favor of licensees and lessees of Railroad's property, and others) and the right of Railroad to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 3. NO INTERFERENCE WITH OPERATIONS OF RAILROAD AND ITS TENANTS. A. Contractor shall conduct its operations so as not to interfere with the continuous and uninterrupted use and operation of the railroad tracks and property of Railroad, including without limitation, the operations of Railroad's lessees, licensees or others, unless specifically authorized in advance by the Railroad Representative. Nothing shall be done or permitted to be done by Contractor at any time that would in any manner impair the safety of such operations. When not in use, Contractor's machinery and materials shall be kept at least fifty (50) feet from the centerline of Railroad's nearest track, and there shall be no vehicular crossings of Railroads tracks except at existing open public crossings. B. Operations of Railroad and work performed by Railroad personnel and delays in the work to be performed by Contractor caused by such railroad operations and work are expected by Contractor, and Contractor agrees that Railroad shall have no liability to Contractor, or any other person or entity for any such delays. The Contractor shall coordinate its activities with those of Railroad and third parties so as to avoid interference with railroad operations. The safe operation of Railroad train movements and other activities by Railroad takes precedence over any work to be performed by Contractor. Section 4. LIENS. Contractor shall pay in full all persons who perform labor or provide materials for the work to be performed by Contractor. Contractor shall not create, permit or suffer any mechanic's or materialmen's liens of any kind or nature to be created or enforced against any property of Railroad for any such work performed. Contractor shall indemnify and hold harmless Railroad from and against any and all liens, claims, demands, costs or expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. If Contractor fails to promptly cause any lien to be released of record, Railroad may, at its election, discharge the lien or claim of lien at Contractor's expense. Section 5. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. A. Fiber optic cable systems may be buried on Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Contractor shall telephone Railroad during normal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour, 7-day number for emergency calls) to determine if fiber optic cable is buried anywhere on Railroad's property to be used by Contractor. If it is, Contractor will telephone the telecommunications company(ies) involved, make arrangements for a cable locator and, if applicable, for relocation or other protection of the fiber optic cable. Contractor shall not commence any work until all such protection or relocation (if applicable) has been accomplished. B. IN ADDITION TO OTHER INDEMNITY PROVISIONS IN THIS AGREEMENT, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD RAILROAD HARMLESS FROM AND AGAINST ALL COSTS, LIABILITY AND EXPENSE WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES, COURT COSTS AND EXPENSES) ARISING OUT OF ANY ACT OR OMISSION OF CONTRACTOR, ITS AGENTS AND/OR EMPLOYEES, THAT CAUSES OR CONTRIBUTES TO (1) ANY DAMAGE TO OR DESTRUCTION OF ANY TELECOMMUNICATIONS SYSTEM ON RAILROAD'S PROPERTY, AND/OR (2) ANY INJURY TO OR DEATH OF ANY PERSON EMPLOYED BY OR ON BEHALF OF ANY TELECOMMUNICATIONS COMPANY, AND/OR ITS CONTRACTOR, AGENTS AND/OR EMPLOYEES, ON RAILROAD'S PROPERTY. CONTRACTOR SHALL NOT HAVE OR SEEK RECOURSE AGAINST RAILROAD FOR ANY CLAIM OR CAUSE OF ACTION FOR ALLEGED LOSS OF PROFITS OR REVENUE OR LOSS OF SERVICE OR OTHER CONSEQUENTIAL DAMAGE TO A TELECOMMUNICATION COMPANY USING RAILROAD'S PROPERTY OR A CUSTOMER OR USER OF SERVICES OF THE FIBER OPTIC CABLE ON RAILROAD'S PROPERTY. Section 6. PERMITS - COMPLIANCE WITH LAWS. In the prosecution of the work covered by this agreement, Contractor shall secure any and all necessary permits and shall comply with all applicable federal, state and local laws, regulations and enactments affecting the work including, without limitation, all applicable Federal Railroad Administration regulations. Section 7. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of the work performed by Contractor. Contractor shall be responsible for initiating, maintaining and supervising all safety, operations and programs in connection with the work. Contractor shall at a minimum comply with Railroad's safety standards listed in Exhibit D, hereto attached, to ensure uniformity with the safety standards followed by Railroad's own forces. As a part of Contractor's safety responsibilities, Contractor shall notify Railroad if Contractor determines that any of Railroad's safety standards are contrary to good safety practices. Contractor shall furnish copies of Exhibit D to each of its employees before they enter the job site. B. Without limitation of the provisions of paragraph A above, Contractor shall keep the job site free from safety and health hazards and ensure that its employees are competent and adequately trained in all safety and health aspects of the job. C. Contractor shall have proper first aid supplies available on the job site so that prompt first aid services may be provided to any person injured on the job site. Contractor shall promptly notify Railroad of any U.S. Occupational Safety and Health Administration reportable injuries. Contractor shall have a nondelegable duty to control its employees while they are on the job site or any other property of Railroad, and to be certain they do not use, be under the influence of, or have in their possession any alcoholic beverage, drug or other substance that may inhibit the safe performance of any work. D. If and when requested by Railroad, Contractor shall deliver to Railroad a copy of Contractor's safety plan for conducting the work (the "Safety Plan"). Railroad shall have the right, but not the obligation, to require Contractor to correct any deficiencies in the Safety Plan. The terms of this agreement shall control if there are any inconsistencies between this agreement and the Safety Plan. Section 8. INDEMNITY. A. TO THE EXTENT NOT PROHIBITED BY APPLICABLE STATUTE, CONTRACTOR SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS RAILROAD, ITS AFFILIATES, AND ITS AND THEIR OFFICERS, AGENTS AND EMPLOYEES (INDIVIDUALLY AN “INDEMNIFIED PARTY” OR COLLECTIVELY "INDEMNIFIED PARTIES") FROM AND AGAINST ANY AND ALL LOSS, DAMAGE, INJURY, LIABILITY, CLAIM, DEMAND, COST OR EXPENSE (INCLUDING, WITHOUT LIMITATION, ATTORNEY'S, CONSULTANT'S AND EXPERT'S FEES, AND COURT COSTS), FINE OR PENALTY (COLLECTIVELY, "LOSS") INCURRED BY ANY PERSON (INCLUDING, WITHOUT LIMITATION, ANY INDEMNIFIED PARTY, CONTRACTOR, OR ANY EMPLOYEE OF CONTRACTOR OR OF ANY INDEMNIFIED PARTY) ARISING OUT OF OR IN ANY MANNER CONNECTED WITH (I) ANY WORK PERFORMED BY CONTRACTOR, OR (II) ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS OR EMPLOYEES, OR (III) ANY BREACH OF THIS AGREEMENT BY CONTRACTOR. B. THE RIGHT TO INDEMNITY UNDER THIS SECTION 8 SHALL ACCRUE UPON OCCURRENCE OF THE EVENT GIVING RISE TO THE LOSS, AND SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR STRICT LIABILITY OF ANY INDEMNIFIED PARTY, EXCEPT WHERE THE LOSS IS CAUSED BY THE SOLE ACTIVE NEGLIGENCE OF AN INDEMNIFIED PARTY AS ESTABLISHED BY THE FINAL JUDGMENT OF A COURT OF COMPETENT JURISDICTION. THE SOLE ACTIVE NEGLIGENCE OF ANY INDEMNIFIED PARTY SHALL NOT BAR THE RECOVERY OF ANY OTHER INDEMNIFIED PARTY. C. CONTRACTOR EXPRESSLY AND SPECIFICALLY ASSUMES POTENTIAL LIABILITY UNDER THIS SECTION 8 FOR CLAIMS OR ACTIONS BROUGHT BY CONTRACTOR'S OWN EMPLOYEES. CONTRACTOR WAIVES ANY IMMUNITY IT MAY HAVE UNDER WORKER'S COMPENSATION OR INDUSTRIAL INSURANCE ACTS TO INDEMNIFY THE INDEMNIFIED PARTIES UNDER THIS SECTION 8. CONTRACTOR ACKNOWLEDGES THAT THIS WAIVER WAS MUTUALLY NEGOTIATED BY THE PARTIES HERETO. D. NO COURT OR JURY FINDINGS IN ANY EMPLOYEE'S SUIT PURSUANT TO ANY WORKER'S COMPENSATION ACT OR THE FEDERAL EMPLOYERS' LIABILITY ACT AGAINST A PARTY TO THIS AGREEMENT MAY BE RELIED UPON OR USED BY CONTRACTOR IN ANY ATTEMPT TO ASSERT LIABILITY AGAINST ANY INDEMNIFIED PARTY. E. THE PROVISIONS OF THIS SECTION 8 SHALL SURVIVE THE COMPLETION OF ANY WORK PERFORMED BY CONTRACTOR OR THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. IN NO EVENT SHALL THIS SECTION 8 OR ANY OTHER PROVISION OF THIS AGREEMENT BE DEEMED TO LIMIT ANY LIABILITY CONTRACTOR MAY HAVE TO ANY INDEMNIFIED PARTY BY STATUTE OR UNDER COMMON LAW. Section 9. RESTORATION OF PROPERTY. In the event Railroad authorizes Contractor to take down any fence of Railroad or in any manner move or disturb any of the other property of Railroad in connection with the work to be performed by Contractor, then in that event Contractor shall, as soon as possible and at Contractor's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed. Contractor shall remove all of Contractor's tools, equipment, rubbish and other materials from Railroad's property promptly upon completion of the work, restoring Railroad's property to the same state and condition as when Contractor entered thereon. Section 10. WAIVER OF DEFAULT. Waiver by Railroad of any breach or default of any condition, covenant or agreement herein contained to be kept, observed and performed by Contractor shall in no way impair the right of Railroad to avail itself of any remedy for any subsequent breach or default. Section 11. MODIFICATION - ENTIRE AGREEMENT. No modification of this agreement shall be effective unless made in writing and signed by Contractor and Railroad. This agreement and the exhibits attached hereto and made a part hereof constitute the entire understanding between Contractor and Railroad and cancel and supersede any prior negotiations, understandings or agreements, whether written or oral, with respect to the work to be performed by Contractor. Section 12. ASSIGNMENT - SUBCONTRACTING. Contractor shall not assign or subcontract this agreement, or any interest therein, without the written consent of the Railroad. Contractor shall be responsible for the acts and omissions of all subcontractors. Before Contractor commences any work, the Contractor shall, except to the extent prohibited by law; (1) require each of its subcontractors to include the Contractor as "Additional Insured” on the subcontractor's Commercial General Liability policy and Umbrella or Excess policies (if applicable) with respect to all liabilities arising out of the subcontractor's performance of work on behalf of the Contractor by endorsing these policies with ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage; (2) require each of its subcontractors to endorse their Commercial General Liability Policy with "Contractual Liability Railroads" ISO Form CG 24 17 10 01 (or a substitute form providing equivalent coverage) for the job site; and (3) require each of its subcontractors to endorse their Business Automobile Policy with "Coverage For Certain Operations In Connection With Railroads" ISO Form CA 20 70 10 01 (or a substitute form providing equivalent coverage) for the job site. EXHIBIT C TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT Union Pacific Railroad Company Insurance Provisions For Contractor’s Right of Entry Agreement Contractor shall, at its sole cost and expense, procure and maintain during the course of the Project and until all Project work on Railroad’s property has been completed and the Contractor has removed all equipment and materials from Railroad’s property and has cleaned and restored Railroad’s property to Railroad’s satisfaction, the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $5,000,000 each occurrence and an aggregate limit of not less than $10,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate of insurance: Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Railroad Company Property” as the Designated Job Site. Designated Construction Project(s) General Aggregate Limit ISO Form CG 25 03 03 97 (or a substitute form providing equivalent coverage) showing the project on the form schedule. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 10 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $5,000,000 for each accident and coverage must include liability arising out of any auto (including owned, hired and non-owned autos). The policy must contain the following endorsements, which must be stated on the certificate of insurance: Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing “Union Pacific Property” as the Designated Job Site. Motor Carrier Act Endorsement - Hazardous materials clean up (MCS-90) if required by law. C. Workers' Compensation and Employers' Liability insurance. Coverage must include but not be limited to: Contractor's statutory liability under the workers' compensation laws of the state where the work is being performed. Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Contractor is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability insurance. Contractor must maintain "Railroad Protective Liability" (RPL) insurance written on ISO occurrence form CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Railroad as named insured, with a limit of not less than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this agreement and shall describe all WORK or OPERATIONS performed under this agreement. Contractor shall provide this agreement to Contractor's insurance agent(s) and/or broker(s) and Contractor shall instruct such agent(s) and/or broker(s) to procure the insurance coverage required by this agreement. A BINDER STATING THE POLICY IS IN PLACE MUST BE SUBMITTED TO RAILROAD BEFORE THE WORK MAY COMMENCE AND UNTIL THE ORIGINAL POLICY IS FORWARDED TO UNION PACIFIC RAILROAD. E. Umbrella or Excess insurance. If Contractor utilizes umbrella or excess policies, these policies must “follow form” and afford no less coverage than the primary policy. F. Pollution Liability insurance. Pollution liability coverage must be included when the scope of the work as defined in the agreement includes installation, temporary storage, or disposal of any "hazardous" material that is injurious in or upon land, the atmosphere, or any watercourses; or may cause bodily injury at any time. If required, coverage may be provided in separate policy form or by endorsement to Contractors CGL or RPL. Any form coverage must be equivalent to that provided in ISO form CG 24 15 "Limited Pollution Liability Extension Endorsement" or CG 28 31 "Pollution Exclusion Amendment" with limits of at least $5,000,000 per occurrence and an aggregate limit of $10,000,000. If the scope of work as defined in this agreement includes the disposal of any hazardous or non-hazardous materials from the job site, Contractor must furnish to Railroad evidence of pollution legal liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting the materials, with coverage in minimum amounts of $1,000,000 per loss, and an annual aggregate of $2,000,000. Other Requirements G. All policy(ies) required above (except business automobile, worker’s compensation and employers liability) must include Railroad as “Additional Insured” using ISO Additional Insured Endorsements CG 20 10, and CG 20 37 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall not be limited by Contractor's liability under the indemnity provisions of this agreement. BOTH CONTRACTOR AND RAILROAD EXPECT THAT UNION PACIFIC RAILROAD COMPANY WILL BE PROVIDED WITH THE BROADEST POSSIBLE COVERAGE AVAILABLE BY OPERATION OF LAW UNDER ISO ADDITIONAL INSURED FORMS CG 20 10 AND CG 20 37. H. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. I. Contractor waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Railroad and its agents, officers, directors and employees for damages covered by the workers compensation and employers liability or commercial umbrella or excess liability obtained by Contractor required in this agreement where prohibited by law. This waiver must be stated on the certificate of insurance. J. Prior to commencing the work, Contractor shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this agreement. K. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state where the work is being performed. L. The fact that insurance is obtained by Contractor or by Railroad on behalf of Contractor will not be deemed to release or diminish the liability of Contractor, including, without limitation, liability under the indemnity provisions of this agreement. Damages recoverable by Railroad from Contractor or any third party will not be limited by the amount of the required insurance coverage. EXHIBIT D TO CONTRACTOR'S RIGHT OF ENTRY AGREEMENT MINIMUM SAFETY REQUIREMENTS The term "employees" as used herein refer to all employees of Contractor as well as all employees of any subcontractor or agent of Contractor. I. Clothing A. All employees of Contractor will be suitably dressed to perform their duties safely and in a manner that will not interfere with their vision, hearing, or free use of their hands or feet. Specifically, Contractor’s employees must wear: (i) Waist-length shirts with sleeves. (ii) Trousers that cover the entire leg. If flare-legged trousers are worn, the trouser bottoms must be tied to prevent catching. (iii) Footwear that covers their ankles and has a defined heel. Employees working on bridges are required to wear safety-toed footwear that conforms to the American National Standards Institute (ANSI) and FRA footwear requirements. B. Employees shall not wear boots (other than work boots), sandals, canvas-type shoes, or other shoes that have thin soles or heels that are higher than normal. C. Employees must not wear loose or ragged clothing, neckties, finger rings, or other loose jewelry while operating or working on machinery. II. Personal Protective Equipment Contractor shall require its employees to wear personal protective equipment as specified by Railroad rules, regulations, or recommended or requested by the Railroad Representative. (i) Hard hat that meets the American National Standard (ANSI) Z89.1 – latest revision. Hard hats should be affixed with Contractor’s company logo or name. (ii) Eye protection that meets American National Standard (ANSI) for occupational and educational eye and face protection, Z87.1 – latest revision. Additional eye protection must be provided to meet specific job situations such as welding, grinding, etc. (iii) Hearing protection, which affords enough attenuation to give protection from noise levels that will be occurring on the job site. Hearing protection, in the form of plugs or muffs, must be worn when employees are within:  100 feet of a locomotive or roadway/work equipment  15 feet of power operated tools  150 feet of jet blowers or pile drivers  150 feet of retarders in use (when within 10 feet, employees must wear dual ear protection – plugs and muffs)  (iv) Other types of personal protective equipment, such as respirators, fall protection equipment, and face shields, must be worn as recommended or requested by the Railroad Representative. III. On Track Safety Contractor is responsible for compliance with the Federal Railroad Administration’s Roadway Worker Protection regulations – 49CFR214, Subpart C and Railroad's On-Track Safety rules. Under 49CFR214, Subpart C, railroad contractors are responsible for the training of their employees on such regulations. In addition to the instructions contained in Roadway Worker Protection regulations, all employees must: (i) Maintain a distance of twenty-five (25) feet to any track unless the Railroad Representative is present to authorize movements. (ii) Wear an orange, reflectorized workwear approved by the Railroad Representative. (iii) Participate in a job briefing that will specify the type of On-Track Safety for the type of work being performed. Contractor must take special note of limits of track authority, which tracks may or may not be fouled, and clearing the track. Contractor will also receive special instructions relating to the work zone around machines and minimum distances between machines while working or traveling. IV. Equipment A. It is the responsibility of Contractor to ensure that all equipment is in a safe condition to operate. If, in the opinion of the Railroad Representative, any of Contractor’s equipment is unsafe for use, Contractor shall remove such equipment from Railroad’s property. In addition, Contractor must ensure that the operators of all equipment are properly trained and competent in the safe operation of the equipment. In addition, operators must be:  Familiar and comply with Railroad’s rules on lockout/tagout of equipment.  Trained in and comply with the applicable operating rules if operating any hy-rail equipment on- track.  Trained in and comply with the applicable air brake rules if operating any equipment that moves rail cars or any other railbound equipment. B. All self-propelled equipment must be equipped with a first-aid kit, fire extinguisher, and audible back-up warning device. C. Unless otherwise authorized by the Railroad Representative, all equipment must be parked a minimum of twenty-five (25) feet from any track. Before leaving any equipment unattended, the operator must stop the engine and properly secure the equipment against movement. D. Cranes must be equipped with three orange cones that will be used to mark the working area of the crane and the minimum clearances to overhead powerlines. V. General Safety Requirements A. Contractor shall ensure that all waste is properly disposed of in accordance with applicable federal and state regulations. B. Contractor shall ensure that all employees participate in and comply with a job briefing conducted by the Railroad Representative, if applicable. During this briefing, the Railroad Representative will specify safe work procedures, (including On-Track Safety) and the potential hazards of the job. If any employee has any questions or concerns about the work, the employee must voice them during the job briefing. Additional job briefings will be conducted during the work as conditions, work procedures, or personnel change. C. All track work performed by Contractor meets the minimum safety requirements established by the Federal Railroad Administration’s Track Safety Standards 49CFR213. D. All employees comply with the following safety procedures when working around any railroad track: (i) Always be on the alert for moving equipment. Employees must always expect movement on any track, at any time, in either direction. (ii) Do not step or walk on the top of the rail, frog, switches, guard rails, or other track components. (iii) In passing around the ends of standing cars, engines, roadway machines or work equipment, leave at least 20 feet between yourself and the end of the equipment. Do not go between pieces of equipment of the opening is less than one car length (50 feet). (iv) Avoid walking or standing on a track unless so authorized by the employee in charge. (v) Before stepping over or crossing tracks, look in both directions first. (vi) Do not sit on, lie under, or cross between cars except as required in the performance of your duties and only when track and equipment have been protected against movement. E. All employees must comply with all federal and state regulations concerning workplace safety. EXHIBIT E TO PUBLIC AT-GRADE CROSSING AGREEMENT Exhibit E will be AREMA Unit Statement of Railroad Highway Grade Crossing Signals Estimated Maintenance Costs for PID# 107199 by the Union Pacific Railroad FOR PID #107199 STREET 25TH STREET TOWN LOS ANGLES, CA MILEPOST 0.65 SUBDIVISION ALAMEDA IND LEAD AAR/DOT NO.747602G WORK ORDER#46891 DESCRIPTION VALUE QUANTITY UNITS NON-CODED TRK. CIRCUIT 2 6 (Standalone AFTAC or Ring 10) SUPERIMPOSED CIRCUIT(AFTAC) / 2 0 DETECTION LOOP HIGHWAY GRADE CROSSING SIGNAL 2 6 (FRONT LIGHTS) ADDITIONAL PAIR OF LIGHTS 1 4 (OTHER THAN FRONT LIGHTS) GATE MECHANISM, AUTOMATIC 8 24 WITH ARM UP TO 26 FT GATE MECHANISM, AUTOMATIC 10 0 WITH ARM OVER 26 FT GCP/HXP (constant warning device, per track circuit)15 0 EXIT GATE MANAGEMENT SYSTEM RACK*10 0 MOVEMENT DETECTOR (PMD)6 0 MOVEMENT DETECTOR (STANDBY UNIT)3 0 RADIO DATA LINK, PER UNIT 1 0 PREEMPTION CIRCUIT 2 0 DATA RECORDER 1 0 REMOTE MONITORING DEVICE (SEAR, ETC)*2 2 BONDED RAIL JOINTS (per mile, each rail, single bonded)1 0 BATTERY AND CHARGER (per set)1 2 2 TOTAL UNIT COUNT 44 PAVEMENT RESTORATION COSTS (Actual) Annual Maintenance Cost at $170/Unit $7,480 *UP supplied Unit Value November 19, 2018 0 0 0 1 0 3 0 0 0 0 0 4 AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS ESTIMATED MAINTENANCE COSTS BY THE UNION PACIFIC RAILROAD 3 0 3 EXHIBIT F TO PUBLIC AT-GRADE CROSSING AGREEMENT Exhibit F will be Maintenance Covenant and Agreement (Regarding Maintenance of Railroad Crossing Signal Warning Devices) Recording requested by and mail to: MARQUEZ PRODUCE, INC. P.O. BOX 21562 LOS ANGELES, CA 90021 ________________________________________________________________________________________________________ Space Above This Line for Recorder's Use MAINTENANCE COVENANT AND AGREEMENT (REGARDING MAINTENANCE OF RAILROAD CROSSING SIGNAL WARNING DEVICES) The undersigned hereby certifies I am (we are) the owner(s) of the hereinafter legally described real property located at: ADDRESS: 1890 EAST 25TH STREET, VERNON, CA 90058 ASSESSOR’S ID #: 6303-009-039, 6302-009-040 in the City of Vernon, County of Los Angeles, State of California more particularly described in the legal description attached as Exhibit “A.” Pursuant to the Public At-Grade Crossing Agreement, 25th Street DOT 747602G, MILE POST .652, Alameda Ind. Ld, City of Vernon, Los Angeles County, California by and between the City of Vernon and Marquez Produce, Inc. (“Agreement”), we do hereby covenant and agree to and with said City to pay the City the Annual Signal Maintenance Fee as described in Section 15 of the Agreement and per the terms set forth therein. This maintenance covenant and agreement shall run with the land and shall be binding upon any future owners, encumbrancers, their successors, heirs or assigns and shall continue in effect until the City of Vernon approves its termination. It is hereby acknowledged that failure to pay the City the Annual Signal Maintenance Fee may cause non- compliance with the Agreement resulting in the City of Vernon declaring a nuisance and/or issuing orders or citations resulting in fines or penalties and/or criminal prosecution. Marquez Produce, Inc., a California corporation BY: _______________________________________ Rafael Marquez, President/Chief Executive Officer _________________________________________ Signature Dated this ______ day of ___________ 20_____. BY: ____________________________________ Beatriz Marquez, Chief Financial Officer ____________________________________ Signature Dated this ______ day of ______ 20_____. SIGNATURES MUST BE NOTARIZED EXHIBIT A TO MAINTENANCE COVENANT AND AGREEMENT Exhibit A will be Legal Description for Assessor’s Parcen Numbers 6303-009-039 and 6302-009-040 City Council Agenda Item Report Agenda Item No. COV-372-2019 Submitted by: Karina Rueda Submitting Department: Human Resources Meeting Date: August 6, 2019 SUBJECT CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Government Code Section 54956.9(d)(1) Name of Case: Christian N. Moscoso vs. City of Vernon Workers Compensation Appeals Board Case Nos. ADJ10013898 and ADJ10884450 Recommendation: Background: Fiscal Impact: ATTACHMENTS 