20230905 City Council Agenda PacketAgenda
City of Vernon
Regular City Council Meeting
Tuesday, September 5, 2023, 9:00 AM
City Hall, Council Chamber
4305 Santa Fe Avenue, Vernon, California
Crystal Larios, Mayor
Judith Merlo, Mayor Pro Tem
Melissa Ybarra, Council Member
Leticia Lopez, Council Member
Jesus Rivera, Council Member
MEETING ATTENDANCE PROTOCOLS
Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference
because State and Local officials are recommending measures to promote social
distancing. Meetings are conducted in a hybrid format that includes both inperson and
Zoom public participation.
The public is encouraged to view the meeting at https://www.cityofvernon.org/webinarcc or
by calling (408) 6380968, Meeting ID #. You may address the Council via Zoom or submit
comments to PublicComment@cityofvernon.org with the meeting date and item number in
the subject line.
CALL TO ORDER
FLAG SALUTE
ROLL CALL
APPROVAL OF 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 HEARINGS
1.20212029 Housing Element Update
Recommendation:
A. Find that the proposed adoption of a Housing Element Update complies with the
California Environmental Quality Act (CEQA) because a Final Program Environmental
Impact Report (PEIR) was prepared for the Westside Zoning Code Amendments and
on July 18, 2023, the City Council adopted Resolution No. 202316 certifying the Final
PEIR State Clearinghouse No. 2022040458; and
B. Adopt Resolution No. 202320 approving and adopting an amended General Plan
(20212029 Housing Element Update).
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion. Items
may be removed from the Consent Calendar for individual consideration. Removed
items will be considered immediately following the Consent Calendar.
2.Meeting Minutes
Recommendation:
Approve the August 15, 2023 Regular City Council Meeting Minutes.
3.Claims Against the City
Recommendation:
Receive and file the claims submitted by Cesar Sanchez Sanchez in the amount of
$1,137.91; Levin & Nalbandyan Trial Lawyers on behalf of Raul Mojarro, for an
undetermined amount; and SquareH Brands, Inc., for $14,120.
4.League of California Cities 2023 Annual Conference Voting Delegate and
Alternate
Recommendation:
Appoint City Administrator Carlos Fandino as the voting delegate and Deputy City
Administrator Angela Kimmey as the alternate to represent the City of Vernon at the
General Assembly, scheduled for September 22, 2023 during the League of California
Cities Annual Conference and Expo.
5.Operating Account Warrant Register
Recommendation:
Approve Operating Account Warrant Register No. 115, for the period of July 23
through August 5, 2023, totaling $15,864,754.59 and consisting of ratification of
electronic payments totaling $15,380,249.02 and ratification of the issuance of early
checks totaling $484,505.57.
6.Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and
Hazardous Materials Safety Administration (PHMSA) AntiDrug and Alcohol
Policies
Recommendation:
A. Adopt Personnel Policies and Procedures Manual Policy III8 and III9 – FMCSA
and PHMSA AntiDrug and Alcohol Policies; and
B. Authorize the City Administrator to make minor revisions as necessary, execute and
distribute the policies to affected City Employees.
7.Community Development Block Grant Program Closeout for Coronavirus
Response Rounds 2 and 3
Recommendation:
Receive and file the report summarizing the accomplishments performed under the
Community Development Block Grant Agreement 20CDBGCV2300153 and
authorize staff to proceed with submitting required documents for closeout to the State.
8.Amendment No. 1 to the Attorney Services Agreement between the City of
Vernon and Burke, Williams & Sorensen, LLP for specialized outside legal
services
Recommendation:
Approve and authorize the City Administrator to execute Amendment No. 1 to the
Attorney Services Agreement with Burke, Williams & Sorensen, LLP (Burke Williams),
in substantially the same form as submitted, to increase the total nottoexceed amount
by an additional $125,000.
ORAL REPORTS
9.City Administrator Reports on Activities and Other Announcements
10.Council Reports on Activities (including AB 1234), Announcements, or
Directives to Staff
CLOSED SESSION
11.Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)(1)
Marisol Trujillo v. City of Vernon
Workers Compensation Appeals Board Case No.: ADJ11853451
12.Conference with Legal Counsel – Anticipated Litigation (Two cases)
Government Code Section 54956.9(d)(2)
Workers Compensation Claim of Daniel Onopa: Claim No. 21006990
Workers Compensation Claim of Patrick Cam: Claim No. 22003129
CLOSED SESSION REPORT
ADJOURNMENT
On September 13, 2023, the foregoing agenda was posted in accordance with the
applicable legal requirements. Regular and Adjourned Regular meeting agendas may be
amended up to 72 hours and Special meeting agendas may be amended up to 24 hours
in advance of the meeting.
Guide to City Council Proceedings
Meetings of the City Council are held the first and third Tuesday of each month at 9:00
a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal
Code Section 2.04.020).
Copies of all agenda items and backup materials are available for review in the City Clerk
Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are
available for public inspection during regular business hours, Monday through Thursday,
7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at
www.cityofvernon.org or copies may be purchased for $0.10 per page.
Disabilityrelated services are available to enable persons with a disability to participate
in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance
with ADA, if you need special assistance, please contact the City Clerk department at
CityClerk@cityofvernon.org or (323) 5838811 at least 48 hours prior to the meeting to
assure arrangements can be made.
The Public Comment portion of the agenda is for members of the public to present items,
which are not listed on the agenda but are within the subject matter jurisdiction of the City
Council. The City Council cannot take action on any item that is not on the agenda but
matters raised under Public Comment may be referred to staff or scheduled on a future
agenda. Comments are limited to three minutes per speaker unless a different time limit is
announced. Speaker slips are available at the entrance to the Council Chamber.
Public Hearings are legally noticed hearings. For hearings involving zoning matters, the
applicant and appellant will be given 15 minutes to present their position to the City
Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set
for under Public Comment. If you challenge any City action in court, you may be limited to
raising only those issues you or someone else raised during the public hearing, or in
written correspondence delivered to the City Clerk at or prior to the public hearing.
Consent Calendar items may be approved by a single motion. If a Council Member or the
public wishes to discuss an item, it may be removed from the calendar for individual
consideration. Council Members may indicate a negative or abstaining vote on any
individual item by so declaring prior to the vote on the motion to adopt the Consent
Calendar. Items excluded from the Consent Calendar will be taken up following action on
the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public
Comment.
New Business items are matters appearing before the Council for the first time for formal
action. Those wishing to address the Council on New Business items shall follow the
guidelines for Public Comment.
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act,
Government Code Section 54956.9. Based on the advice of the City Attorney, discussion
of these matters in open session would prejudice the position of the City. Following Closed
Session, the City Attorney will provide an oral report on any reportable matters discussed
and actions taken. At the conclusion of Closed Session, the Council may continue any item
listed on the Closed Session agenda to the Open Session agenda for discussion or to
take formal action as it deems appropriate.
Dated: September 13, 2023
AgendaCity of VernonRegular City Council MeetingTuesday, September 5, 2023, 9:00 AMCity Hall, Council Chamber4305 Santa Fe Avenue, Vernon, CaliforniaCrystal Larios, MayorJudith Merlo, Mayor Pro TemMelissa Ybarra, Council MemberLeticia Lopez, Council MemberJesus Rivera, Council MemberMEETING ATTENDANCE PROTOCOLSAssembly Bill 361 (AB 361) authorizes public meetings to take place via teleconferencebecause State and Local officials are recommending measures to promote socialdistancing. Meetings are conducted in a hybrid format that includes both inperson andZoom public participation.The public is encouraged to view the meeting at https://www.cityofvernon.org/webinarcc orby calling (408) 6380968, Meeting ID #. You may address the Council via Zoom or submitcomments to PublicComment@cityofvernon.org with the meeting date and item number inthe subject line.CALL TO ORDERFLAG SALUTEROLL CALLAPPROVAL OF AGENDAPUBLIC 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 HEARINGS
1.20212029 Housing Element Update
Recommendation:
A. Find that the proposed adoption of a Housing Element Update complies with the
California Environmental Quality Act (CEQA) because a Final Program Environmental
Impact Report (PEIR) was prepared for the Westside Zoning Code Amendments and
on July 18, 2023, the City Council adopted Resolution No. 202316 certifying the Final
PEIR State Clearinghouse No. 2022040458; and
B. Adopt Resolution No. 202320 approving and adopting an amended General Plan
(20212029 Housing Element Update).
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion. Items
may be removed from the Consent Calendar for individual consideration. Removed
items will be considered immediately following the Consent Calendar.
2.Meeting Minutes
Recommendation:
Approve the August 15, 2023 Regular City Council Meeting Minutes.
3.Claims Against the City
Recommendation:
Receive and file the claims submitted by Cesar Sanchez Sanchez in the amount of
$1,137.91; Levin & Nalbandyan Trial Lawyers on behalf of Raul Mojarro, for an
undetermined amount; and SquareH Brands, Inc., for $14,120.
4.League of California Cities 2023 Annual Conference Voting Delegate and
Alternate
Recommendation:
Appoint City Administrator Carlos Fandino as the voting delegate and Deputy City
Administrator Angela Kimmey as the alternate to represent the City of Vernon at the
General Assembly, scheduled for September 22, 2023 during the League of California
Cities Annual Conference and Expo.
5.Operating Account Warrant Register
Recommendation:
Approve Operating Account Warrant Register No. 115, for the period of July 23
through August 5, 2023, totaling $15,864,754.59 and consisting of ratification of
electronic payments totaling $15,380,249.02 and ratification of the issuance of early
checks totaling $484,505.57.
6.Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and
Hazardous Materials Safety Administration (PHMSA) AntiDrug and Alcohol
Policies
Recommendation:
A. Adopt Personnel Policies and Procedures Manual Policy III8 and III9 – FMCSA
and PHMSA AntiDrug and Alcohol Policies; and
B. Authorize the City Administrator to make minor revisions as necessary, execute and
distribute the policies to affected City Employees.
7.Community Development Block Grant Program Closeout for Coronavirus
Response Rounds 2 and 3
Recommendation:
Receive and file the report summarizing the accomplishments performed under the
Community Development Block Grant Agreement 20CDBGCV2300153 and
authorize staff to proceed with submitting required documents for closeout to the State.
8.Amendment No. 1 to the Attorney Services Agreement between the City of
Vernon and Burke, Williams & Sorensen, LLP for specialized outside legal
services
Recommendation:
Approve and authorize the City Administrator to execute Amendment No. 1 to the
Attorney Services Agreement with Burke, Williams & Sorensen, LLP (Burke Williams),
in substantially the same form as submitted, to increase the total nottoexceed amount
by an additional $125,000.
ORAL REPORTS
9.City Administrator Reports on Activities and Other Announcements
10.Council Reports on Activities (including AB 1234), Announcements, or
Directives to Staff
CLOSED SESSION
11.Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)(1)
Marisol Trujillo v. City of Vernon
Workers Compensation Appeals Board Case No.: ADJ11853451
12.Conference with Legal Counsel – Anticipated Litigation (Two cases)
Government Code Section 54956.9(d)(2)
Workers Compensation Claim of Daniel Onopa: Claim No. 21006990
Workers Compensation Claim of Patrick Cam: Claim No. 22003129
CLOSED SESSION REPORT
ADJOURNMENT
On September 13, 2023, the foregoing agenda was posted in accordance with the
applicable legal requirements. Regular and Adjourned Regular meeting agendas may be
amended up to 72 hours and Special meeting agendas may be amended up to 24 hours
in advance of the meeting.
Guide to City Council Proceedings
Meetings of the City Council are held the first and third Tuesday of each month at 9:00
a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal
Code Section 2.04.020).
Copies of all agenda items and backup materials are available for review in the City Clerk
Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are
available for public inspection during regular business hours, Monday through Thursday,
7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at
www.cityofvernon.org or copies may be purchased for $0.10 per page.
Disabilityrelated services are available to enable persons with a disability to participate
in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance
with ADA, if you need special assistance, please contact the City Clerk department at
CityClerk@cityofvernon.org or (323) 5838811 at least 48 hours prior to the meeting to
assure arrangements can be made.
The Public Comment portion of the agenda is for members of the public to present items,
which are not listed on the agenda but are within the subject matter jurisdiction of the City
Council. The City Council cannot take action on any item that is not on the agenda but
matters raised under Public Comment may be referred to staff or scheduled on a future
agenda. Comments are limited to three minutes per speaker unless a different time limit is
announced. Speaker slips are available at the entrance to the Council Chamber.
Public Hearings are legally noticed hearings. For hearings involving zoning matters, the
applicant and appellant will be given 15 minutes to present their position to the City
Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set
for under Public Comment. If you challenge any City action in court, you may be limited to
raising only those issues you or someone else raised during the public hearing, or in
written correspondence delivered to the City Clerk at or prior to the public hearing.
Consent Calendar items may be approved by a single motion. If a Council Member or the
public wishes to discuss an item, it may be removed from the calendar for individual
consideration. Council Members may indicate a negative or abstaining vote on any
individual item by so declaring prior to the vote on the motion to adopt the Consent
Calendar. Items excluded from the Consent Calendar will be taken up following action on
the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public
Comment.
New Business items are matters appearing before the Council for the first time for formal
action. Those wishing to address the Council on New Business items shall follow the
guidelines for Public Comment.
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act,
Government Code Section 54956.9. Based on the advice of the City Attorney, discussion
of these matters in open session would prejudice the position of the City. Following Closed
Session, the City Attorney will provide an oral report on any reportable matters discussed
and actions taken. At the conclusion of Closed Session, the Council may continue any item
listed on the Closed Session agenda to the Open Session agenda for discussion or to
take formal action as it deems appropriate.
Dated: September 13, 2023
AgendaCity of VernonRegular City Council MeetingTuesday, September 5, 2023, 9:00 AMCity Hall, Council Chamber4305 Santa Fe Avenue, Vernon, CaliforniaCrystal Larios, MayorJudith Merlo, Mayor Pro TemMelissa Ybarra, Council MemberLeticia Lopez, Council MemberJesus Rivera, Council MemberMEETING ATTENDANCE PROTOCOLSAssembly Bill 361 (AB 361) authorizes public meetings to take place via teleconferencebecause State and Local officials are recommending measures to promote socialdistancing. Meetings are conducted in a hybrid format that includes both inperson andZoom public participation.The public is encouraged to view the meeting at https://www.cityofvernon.org/webinarcc orby calling (408) 6380968, Meeting ID #. You may address the Council via Zoom or submitcomments to PublicComment@cityofvernon.org with the meeting date and item number inthe subject line.CALL TO ORDERFLAG SALUTEROLL CALLAPPROVAL OF AGENDAPUBLIC COMMENTAt this time the public is encouraged to address the City Council on any matter that iswithin the subject matter jurisdiction of the City Council. The public will also be given achance to comment on matters which are on the posted agenda during City Councildeliberation on those specific matters.PUBLIC HEARINGS1.20212029 Housing Element UpdateRecommendation: A. Find that the proposed adoption of a Housing Element Update complies with theCalifornia Environmental Quality Act (CEQA) because a Final Program EnvironmentalImpact Report (PEIR) was prepared for the Westside Zoning Code Amendments andon July 18, 2023, the City Council adopted Resolution No. 202316 certifying the FinalPEIR State Clearinghouse No. 2022040458; andB. Adopt Resolution No. 202320 approving and adopting an amended General Plan(20212029 Housing Element Update). CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion. Itemsmay be removed from the Consent Calendar for individual consideration. Removeditems will be considered immediately following the Consent Calendar.2.Meeting MinutesRecommendation: Approve the August 15, 2023 Regular City Council Meeting Minutes.3.Claims Against the CityRecommendation: Receive and file the claims submitted by Cesar Sanchez Sanchez in the amount of$1,137.91; Levin & Nalbandyan Trial Lawyers on behalf of Raul Mojarro, for anundetermined amount; and SquareH Brands, Inc., for $14,120.4.League of California Cities 2023 Annual Conference Voting Delegate andAlternateRecommendation: Appoint City Administrator Carlos Fandino as the voting delegate and Deputy CityAdministrator Angela Kimmey as the alternate to represent the City of Vernon at theGeneral Assembly, scheduled for September 22, 2023 during the League of CaliforniaCities Annual Conference and Expo.5.Operating Account Warrant RegisterRecommendation: Approve Operating Account Warrant Register No. 115, for the period of July 23through August 5, 2023, totaling $15,864,754.59 and consisting of ratification ofelectronic payments totaling $15,380,249.02 and ratification of the issuance of earlychecks totaling $484,505.57.6.Federal Motor Carrier Safety Administration (FMCSA) and Pipeline andHazardous Materials Safety Administration (PHMSA) AntiDrug and Alcohol
Policies
Recommendation:
A. Adopt Personnel Policies and Procedures Manual Policy III8 and III9 – FMCSA
and PHMSA AntiDrug and Alcohol Policies; and
B. Authorize the City Administrator to make minor revisions as necessary, execute and
distribute the policies to affected City Employees.
7.Community Development Block Grant Program Closeout for Coronavirus
Response Rounds 2 and 3
Recommendation:
Receive and file the report summarizing the accomplishments performed under the
Community Development Block Grant Agreement 20CDBGCV2300153 and
authorize staff to proceed with submitting required documents for closeout to the State.
8.Amendment No. 1 to the Attorney Services Agreement between the City of
Vernon and Burke, Williams & Sorensen, LLP for specialized outside legal
services
Recommendation:
Approve and authorize the City Administrator to execute Amendment No. 1 to the
Attorney Services Agreement with Burke, Williams & Sorensen, LLP (Burke Williams),
in substantially the same form as submitted, to increase the total nottoexceed amount
by an additional $125,000.
ORAL REPORTS
9.City Administrator Reports on Activities and Other Announcements
10.Council Reports on Activities (including AB 1234), Announcements, or
Directives to Staff
CLOSED SESSION
11.Conference with Legal Counsel – Existing Litigation
Government Code Section 54956.9(d)(1)
Marisol Trujillo v. City of Vernon
Workers Compensation Appeals Board Case No.: ADJ11853451
12.Conference with Legal Counsel – Anticipated Litigation (Two cases)
Government Code Section 54956.9(d)(2)
Workers Compensation Claim of Daniel Onopa: Claim No. 21006990
Workers Compensation Claim of Patrick Cam: Claim No. 22003129
CLOSED SESSION REPORT
ADJOURNMENT
On September 13, 2023, the foregoing agenda was posted in accordance with the
applicable legal requirements. Regular and Adjourned Regular meeting agendas may be
amended up to 72 hours and Special meeting agendas may be amended up to 24 hours
in advance of the meeting.
Guide to City Council Proceedings
Meetings of the City Council are held the first and third Tuesday of each month at 9:00
a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal
Code Section 2.04.020).
Copies of all agenda items and backup materials are available for review in the City Clerk
Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are
available for public inspection during regular business hours, Monday through Thursday,
7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at
www.cityofvernon.org or copies may be purchased for $0.10 per page.
Disabilityrelated services are available to enable persons with a disability to participate
in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance
with ADA, if you need special assistance, please contact the City Clerk department at
CityClerk@cityofvernon.org or (323) 5838811 at least 48 hours prior to the meeting to
assure arrangements can be made.
The Public Comment portion of the agenda is for members of the public to present items,
which are not listed on the agenda but are within the subject matter jurisdiction of the City
Council. The City Council cannot take action on any item that is not on the agenda but
matters raised under Public Comment may be referred to staff or scheduled on a future
agenda. Comments are limited to three minutes per speaker unless a different time limit is
announced. Speaker slips are available at the entrance to the Council Chamber.
Public Hearings are legally noticed hearings. For hearings involving zoning matters, the
applicant and appellant will be given 15 minutes to present their position to the City
Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set
for under Public Comment. If you challenge any City action in court, you may be limited to
raising only those issues you or someone else raised during the public hearing, or in
written correspondence delivered to the City Clerk at or prior to the public hearing.
Consent Calendar items may be approved by a single motion. If a Council Member or the
public wishes to discuss an item, it may be removed from the calendar for individual
consideration. Council Members may indicate a negative or abstaining vote on any
individual item by so declaring prior to the vote on the motion to adopt the Consent
Calendar. Items excluded from the Consent Calendar will be taken up following action on
the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public
Comment.
New Business items are matters appearing before the Council for the first time for formal
action. Those wishing to address the Council on New Business items shall follow the
guidelines for Public Comment.
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act,
Government Code Section 54956.9. Based on the advice of the City Attorney, discussion
of these matters in open session would prejudice the position of the City. Following Closed
Session, the City Attorney will provide an oral report on any reportable matters discussed
and actions taken. At the conclusion of Closed Session, the Council may continue any item
listed on the Closed Session agenda to the Open Session agenda for discussion or to
take formal action as it deems appropriate.
Dated: September 13, 2023
AgendaCity of VernonRegular City Council MeetingTuesday, September 5, 2023, 9:00 AMCity Hall, Council Chamber4305 Santa Fe Avenue, Vernon, CaliforniaCrystal Larios, MayorJudith Merlo, Mayor Pro TemMelissa Ybarra, Council MemberLeticia Lopez, Council MemberJesus Rivera, Council MemberMEETING ATTENDANCE PROTOCOLSAssembly Bill 361 (AB 361) authorizes public meetings to take place via teleconferencebecause State and Local officials are recommending measures to promote socialdistancing. Meetings are conducted in a hybrid format that includes both inperson andZoom public participation.The public is encouraged to view the meeting at https://www.cityofvernon.org/webinarcc orby calling (408) 6380968, Meeting ID #. You may address the Council via Zoom or submitcomments to PublicComment@cityofvernon.org with the meeting date and item number inthe subject line.CALL TO ORDERFLAG SALUTEROLL CALLAPPROVAL OF AGENDAPUBLIC COMMENTAt this time the public is encouraged to address the City Council on any matter that iswithin the subject matter jurisdiction of the City Council. The public will also be given achance to comment on matters which are on the posted agenda during City Councildeliberation on those specific matters.PUBLIC HEARINGS1.20212029 Housing Element UpdateRecommendation: A. Find that the proposed adoption of a Housing Element Update complies with theCalifornia Environmental Quality Act (CEQA) because a Final Program EnvironmentalImpact Report (PEIR) was prepared for the Westside Zoning Code Amendments andon July 18, 2023, the City Council adopted Resolution No. 202316 certifying the FinalPEIR State Clearinghouse No. 2022040458; andB. Adopt Resolution No. 202320 approving and adopting an amended General Plan(20212029 Housing Element Update). CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion. Itemsmay be removed from the Consent Calendar for individual consideration. Removeditems will be considered immediately following the Consent Calendar.2.Meeting MinutesRecommendation: Approve the August 15, 2023 Regular City Council Meeting Minutes.3.Claims Against the CityRecommendation: Receive and file the claims submitted by Cesar Sanchez Sanchez in the amount of$1,137.91; Levin & Nalbandyan Trial Lawyers on behalf of Raul Mojarro, for anundetermined amount; and SquareH Brands, Inc., for $14,120.4.League of California Cities 2023 Annual Conference Voting Delegate andAlternateRecommendation: Appoint City Administrator Carlos Fandino as the voting delegate and Deputy CityAdministrator Angela Kimmey as the alternate to represent the City of Vernon at theGeneral Assembly, scheduled for September 22, 2023 during the League of CaliforniaCities Annual Conference and Expo.5.Operating Account Warrant RegisterRecommendation: Approve Operating Account Warrant Register No. 115, for the period of July 23through August 5, 2023, totaling $15,864,754.59 and consisting of ratification ofelectronic payments totaling $15,380,249.02 and ratification of the issuance of earlychecks totaling $484,505.57.6.Federal Motor Carrier Safety Administration (FMCSA) and Pipeline andHazardous Materials Safety Administration (PHMSA) AntiDrug and AlcoholPoliciesRecommendation: A. Adopt Personnel Policies and Procedures Manual Policy III8 and III9 – FMCSAand PHMSA AntiDrug and Alcohol Policies; andB. Authorize the City Administrator to make minor revisions as necessary, execute anddistribute the policies to affected City Employees.7.Community Development Block Grant Program Closeout for CoronavirusResponse Rounds 2 and 3Recommendation: Receive and file the report summarizing the accomplishments performed under theCommunity Development Block Grant Agreement 20CDBGCV2300153 andauthorize staff to proceed with submitting required documents for closeout to the State.8.Amendment No. 1 to the Attorney Services Agreement between the City ofVernon and Burke, Williams & Sorensen, LLP for specialized outside legalservicesRecommendation: Approve and authorize the City Administrator to execute Amendment No. 1 to theAttorney Services Agreement with Burke, Williams & Sorensen, LLP (Burke Williams),in substantially the same form as submitted, to increase the total nottoexceed amountby an additional $125,000. ORAL REPORTS9.City Administrator Reports on Activities and Other Announcements10.Council Reports on Activities (including AB 1234), Announcements, orDirectives to StaffCLOSED SESSION11.Conference with Legal Counsel – Existing LitigationGovernment Code Section 54956.9(d)(1)Marisol Trujillo v. City of VernonWorkers Compensation Appeals Board Case No.: ADJ1185345112.Conference with Legal Counsel – Anticipated Litigation (Two cases)Government Code Section 54956.9(d)(2)Workers Compensation Claim of Daniel Onopa: Claim No. 21006990Workers Compensation Claim of Patrick Cam: Claim No. 22003129CLOSED SESSION REPORTADJOURNMENTOn September 13, 2023, the foregoing agenda was posted in accordance with the
applicable legal requirements. Regular and Adjourned Regular meeting agendas may be
amended up to 72 hours and Special meeting agendas may be amended up to 24 hours
in advance of the meeting.
Guide to City Council Proceedings
Meetings of the City Council are held the first and third Tuesday of each month at 9:00
a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal
Code Section 2.04.020).
Copies of all agenda items and backup materials are available for review in the City Clerk
Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are
available for public inspection during regular business hours, Monday through Thursday,
7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at
www.cityofvernon.org or copies may be purchased for $0.10 per page.
Disabilityrelated services are available to enable persons with a disability to participate
in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance
with ADA, if you need special assistance, please contact the City Clerk department at
CityClerk@cityofvernon.org or (323) 5838811 at least 48 hours prior to the meeting to
assure arrangements can be made.
The Public Comment portion of the agenda is for members of the public to present items,
which are not listed on the agenda but are within the subject matter jurisdiction of the City
Council. The City Council cannot take action on any item that is not on the agenda but
matters raised under Public Comment may be referred to staff or scheduled on a future
agenda. Comments are limited to three minutes per speaker unless a different time limit is
announced. Speaker slips are available at the entrance to the Council Chamber.
Public Hearings are legally noticed hearings. For hearings involving zoning matters, the
applicant and appellant will be given 15 minutes to present their position to the City
Council. Time may be set aside for rebuttal. All other testimony shall follow the rules as set
for under Public Comment. If you challenge any City action in court, you may be limited to
raising only those issues you or someone else raised during the public hearing, or in
written correspondence delivered to the City Clerk at or prior to the public hearing.
Consent Calendar items may be approved by a single motion. If a Council Member or the
public wishes to discuss an item, it may be removed from the calendar for individual
consideration. Council Members may indicate a negative or abstaining vote on any
individual item by so declaring prior to the vote on the motion to adopt the Consent
Calendar. Items excluded from the Consent Calendar will be taken up following action on
the Consent Calendar. Public speakers shall follow the guidelines as set forth under Public
Comment.
New Business items are matters appearing before the Council for the first time for formal
action. Those wishing to address the Council on New Business items shall follow the
guidelines for Public Comment.
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act,
Government Code Section 54956.9. Based on the advice of the City Attorney, discussion
of these matters in open session would prejudice the position of the City. Following Closed
Session, the City Attorney will provide an oral report on any reportable matters discussed
and actions taken. At the conclusion of Closed Session, the Council may continue any item
listed on the Closed Session agenda to the Open Session agenda for discussion or to
take formal action as it deems appropriate.
Dated: September 13, 2023
AgendaCity of VernonRegular City Council MeetingTuesday, September 5, 2023, 9:00 AMCity Hall, Council Chamber4305 Santa Fe Avenue, Vernon, CaliforniaCrystal Larios, MayorJudith Merlo, Mayor Pro TemMelissa Ybarra, Council MemberLeticia Lopez, Council MemberJesus Rivera, Council MemberMEETING ATTENDANCE PROTOCOLSAssembly Bill 361 (AB 361) authorizes public meetings to take place via teleconferencebecause State and Local officials are recommending measures to promote socialdistancing. Meetings are conducted in a hybrid format that includes both inperson andZoom public participation.The public is encouraged to view the meeting at https://www.cityofvernon.org/webinarcc orby calling (408) 6380968, Meeting ID #. You may address the Council via Zoom or submitcomments to PublicComment@cityofvernon.org with the meeting date and item number inthe subject line.CALL TO ORDERFLAG SALUTEROLL CALLAPPROVAL OF AGENDAPUBLIC COMMENTAt this time the public is encouraged to address the City Council on any matter that iswithin the subject matter jurisdiction of the City Council. The public will also be given achance to comment on matters which are on the posted agenda during City Councildeliberation on those specific matters.PUBLIC HEARINGS1.20212029 Housing Element UpdateRecommendation: A. Find that the proposed adoption of a Housing Element Update complies with theCalifornia Environmental Quality Act (CEQA) because a Final Program EnvironmentalImpact Report (PEIR) was prepared for the Westside Zoning Code Amendments andon July 18, 2023, the City Council adopted Resolution No. 202316 certifying the FinalPEIR State Clearinghouse No. 2022040458; andB. Adopt Resolution No. 202320 approving and adopting an amended General Plan(20212029 Housing Element Update). CONSENT CALENDARAll matters listed on the Consent Calendar are to be approved with one motion. Itemsmay be removed from the Consent Calendar for individual consideration. Removeditems will be considered immediately following the Consent Calendar.2.Meeting MinutesRecommendation: Approve the August 15, 2023 Regular City Council Meeting Minutes.3.Claims Against the CityRecommendation: Receive and file the claims submitted by Cesar Sanchez Sanchez in the amount of$1,137.91; Levin & Nalbandyan Trial Lawyers on behalf of Raul Mojarro, for anundetermined amount; and SquareH Brands, Inc., for $14,120.4.League of California Cities 2023 Annual Conference Voting Delegate andAlternateRecommendation: Appoint City Administrator Carlos Fandino as the voting delegate and Deputy CityAdministrator Angela Kimmey as the alternate to represent the City of Vernon at theGeneral Assembly, scheduled for September 22, 2023 during the League of CaliforniaCities Annual Conference and Expo.5.Operating Account Warrant RegisterRecommendation: Approve Operating Account Warrant Register No. 115, for the period of July 23through August 5, 2023, totaling $15,864,754.59 and consisting of ratification ofelectronic payments totaling $15,380,249.02 and ratification of the issuance of earlychecks totaling $484,505.57.6.Federal Motor Carrier Safety Administration (FMCSA) and Pipeline andHazardous Materials Safety Administration (PHMSA) AntiDrug and AlcoholPoliciesRecommendation: A. Adopt Personnel Policies and Procedures Manual Policy III8 and III9 – FMCSAand PHMSA AntiDrug and Alcohol Policies; andB. Authorize the City Administrator to make minor revisions as necessary, execute anddistribute the policies to affected City Employees.7.Community Development Block Grant Program Closeout for CoronavirusResponse Rounds 2 and 3Recommendation: Receive and file the report summarizing the accomplishments performed under theCommunity Development Block Grant Agreement 20CDBGCV2300153 andauthorize staff to proceed with submitting required documents for closeout to the State.8.Amendment No. 1 to the Attorney Services Agreement between the City ofVernon and Burke, Williams & Sorensen, LLP for specialized outside legalservicesRecommendation: Approve and authorize the City Administrator to execute Amendment No. 1 to theAttorney Services Agreement with Burke, Williams & Sorensen, LLP (Burke Williams),in substantially the same form as submitted, to increase the total nottoexceed amountby an additional $125,000. ORAL REPORTS9.City Administrator Reports on Activities and Other Announcements10.Council Reports on Activities (including AB 1234), Announcements, orDirectives to StaffCLOSED SESSION11.Conference with Legal Counsel – Existing LitigationGovernment Code Section 54956.9(d)(1)Marisol Trujillo v. City of VernonWorkers Compensation Appeals Board Case No.: ADJ1185345112.Conference with Legal Counsel – Anticipated Litigation (Two cases)Government Code Section 54956.9(d)(2)Workers Compensation Claim of Daniel Onopa: Claim No. 21006990Workers Compensation Claim of Patrick Cam: Claim No. 22003129CLOSED SESSION REPORTADJOURNMENTOn September 13, 2023, the foregoing agenda was posted in accordance with theapplicable legal requirements. Regular and Adjourned Regular meeting agendas may beamended up to 72 hours and Special meeting agendas may be amended up to 24 hoursin advance of the meeting.Guide to City Council ProceedingsMeetings of the City Council are held the first and third Tuesday of each month at 9:00a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon MunicipalCode Section 2.04.020).Copies of all agenda items and backup materials are available for review in the City ClerkDepartment, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and areavailable for public inspection during regular business hours, Monday through Thursday,7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website atwww.cityofvernon.org or copies may be purchased for $0.10 per page.Disabilityrelated services are available to enable persons with a disability to participatein this meeting, consistent with the Americans with Disabilities Act (ADA). In compliancewith ADA, if you need special assistance, please contact the City Clerk department atCityClerk@cityofvernon.org or (323) 5838811 at least 48 hours prior to the meeting toassure arrangements can be made.The Public Comment portion of the agenda is for members of the public to present items,which are not listed on the agenda but are within the subject matter jurisdiction of the CityCouncil. The City Council cannot take action on any item that is not on the agenda butmatters raised under Public Comment may be referred to staff or scheduled on a futureagenda. Comments are limited to three minutes per speaker unless a different time limit isannounced. Speaker slips are available at the entrance to the Council Chamber.Public Hearings are legally noticed hearings. For hearings involving zoning matters, theapplicant and appellant will be given 15 minutes to present their position to the CityCouncil. Time may be set aside for rebuttal. All other testimony shall follow the rules as setfor under Public Comment. If you challenge any City action in court, you may be limited toraising only those issues you or someone else raised during the public hearing, or inwritten correspondence delivered to the City Clerk at or prior to the public hearing.Consent Calendar items may be approved by a single motion. If a Council Member or thepublic wishes to discuss an item, it may be removed from the calendar for individualconsideration. Council Members may indicate a negative or abstaining vote on anyindividual item by so declaring prior to the vote on the motion to adopt the ConsentCalendar. Items excluded from the Consent Calendar will be taken up following action onthe Consent Calendar. Public speakers shall follow the guidelines as set forth under PublicComment.New Business items are matters appearing before the Council for the first time for formalaction. Those wishing to address the Council on New Business items shall follow theguidelines for Public Comment.Closed Session allows the Council to discuss specific matters pursuant to the Brown Act,
Government Code Section 54956.9. Based on the advice of the City Attorney, discussion
of these matters in open session would prejudice the position of the City. Following Closed
Session, the City Attorney will provide an oral report on any reportable matters discussed
and actions taken. At the conclusion of Closed Session, the Council may continue any item
listed on the Closed Session agenda to the Open Session agenda for discussion or to
take formal action as it deems appropriate.
Dated: September 13, 2023
City Council Agenda Report
Meeting Date:September 5, 2023
From:Daniel S. Wall, P.E., Director of Public Works
Department:Public Works
Submitted by:Daniel S. Wall, P.E., Director of Public Works
Subject
2021-2029 Housing Element Update
Recommendation
A. Find that the proposed adoption of a Housing Element Update complies with the California
Environmental Quality Act (CEQA) because a Final Program Environmental Impact Report
(PEIR) was prepared for the Westside Zoning Code Amendments and on July 18, 2023, the City
Council adopted Resolution No. 2023-16 certifying the Final PEIR State Clearinghouse No.
2022040458; and
B. Adopt Resolution No. 2023-20 approving and adopting an amended General Plan (2021-2029
Housing Element Update).
Background
Every eight years, the State of California requires local governments to update their housing
elements to plan for the housing needs of the greater community. The California Department of
Housing and Community Development (HCD) reviews every local government‘s housing element
to determine whether it complies with State law. Under HCD’s guidelines, the Housing Element
process involves the following steps for cities to follow:
1. Update the previous housing element (complete)
2. Submit draft to HCD for review and revise as necessary (complete)
3. Adoption by the City Council (this proposed action)
4. Submit adopted housing element to HCD (to be completed upon adoption)
The City Council’s adoption of the Housing Element will complete step 3 of the Housing Element
Update (HEU) process. The following summarizes the City’s progress during each step.
Step 1. Update the previous Housing Element (complete)
The HEU process proceeded in parallel with the Westside Zoning Code Amendments recently
adopted by the City Council allowing new residential development opportunities in four districts
along Santa Fe Avenue and Pacific Boulevard. On December 8, 2021, an initial draft of the HEU
was presented to the Vernon Housing Commission (VHC), which conceptually agreed with the
goals of the draft HEU. The VHC subsequently recommended the City Council adopt the
Westside Zoning Code Amendments at its July 12, 2023, special meeting (Vice Chair Nevarez,
and Commissioners Froberg and Ybarra absent).
The public comment period for the December 8, 2021 draft HEU was held from January 26 to
February 25, 2022. The draft HEU was available on the City’s website and notice was sent to
City Councilmembers, Housing Commission members, residents, Vernon Village Park
Apartments manager, Bell Salvation Army, Los Angeles Homeless Services Authority, Housing
Rights Center, and the South Central Los Angeles Regional Center. The City received one public
comment during the public comment period.
Step 2. Submit draft HEU to HCD for review and revise as necessary (complete)..
..
Item 1 Page 1 of 171
On February 24, 2023, a revised draft HEU was submitted to HCD for review and comment. The
revisions in this draft were non-substantive in nature and reflected the changes in the Westside
Zoning Code Amendments. HCD provided technical comments which were incorporated into the
May 3, 2023 draft of the HEU. In addition to HCD review, each draft was made available for
public review and comment. The final draft being presented to the City Council was made
available for public review and comment from May 3, 2023 through May 10, 2023. No public
comments were received. This draft was then submitted to HCD for review and comment, and
no further revisions were deemed necessary by HCD.
Step 3. Adoption by the City Council (the proposed action)
Adopt Resolution No. 2023-20 approving and adopting the HEU. The adoption of an HEU
requires that a California Environmental Quality Act (CEQA) analysis be conducted prior to action
by the City Council. A Final Program Environmental Impact Report (PEIR) was prepared for the
Westside Zoning Code Amendments. The PEIR evaluates the potential environmental impacts
of the future development contemplated by the HEU. On July 18, 2023, the City Council certified
the PEIR. Resolution No. 2023-20 documents the process carried out in the preparation and
adoption of the City’s HEU to meet applicable regulatory requirements.
Step 4 Submit adopted Housing Element to HCD (to be completed upon adoption)
After City Council adoption of the HEU, staff will submit the adopted HEU to HCD for certification
(“certification” means that HCD finds the City Council adopted HEU is in substantial compliance
with the State’s legal requirements).
State law establishes extensive requirements for Housing Elements. One of the most difficult and
important issues that must be addressed in the HEU is how City policies, plans and regulations
help to accommodate the region’s need for additional housing that is affordable to persons and
families of all income levels as determined through the Regional Housing Needs Assessment
process.
Regional Housing Needs Assessment (RHNA)
State law requires all cities to plan for additional housing to accommodate population growth and
address existing housing problems such as overcrowding and housing cost burden. State law
recognizes that cities generally do not build housing, since that is typically the role of the private
sector. However, cities are required to adopt policies, and development regulations and
standards to encourage a variety of housing types to accommodate households at all income
levels. The RHNA is the process by which each jurisdiction’s share of new housing needs is
determined. Prior to each Housing Element planning cycle the region’s total housing need is
established by HCD based upon economic and demographic trends, existing housing problems
such as overcrowding and overpayment, and additional housing needed to ensure reasonable
vacancy rates and replace units lost due to demolition or natural disasters. The total housing
need for the SCAG region is then distributed to cities and counties by SCAG based upon criteria
established in State law. In late 2019 HCD issued a RHNA determination of 1,341,827 additional
housing units for the SCAG region during the 2021-2029 period. Following HCD’s RHNA
determination, SCAG prepared a methodology for allocating a portion of the total RHNA to each
jurisdiction in the region consistent with criteria established in State law, and after a series of
public hearings SCAG adopted the final RHNA Plan on March 4, 2021.
..
..
Item 1 Page 2 of 171
Vernon‘s RHNA allocation for the 2021-2029 period is nine units distributed among income
categories as follows:
Very-low Income (<50% of AMI) - 5 residential units
Low Income (50-80% of AMI) - 4 residential units
The RHNA income categories correspond to the countywide median income. Affordable rents
and estimated purchase prices are based on the State policy that households should not have
to pay more than 30% of their gross income for housing. Affordability levels are adjusted each
year and are based on family size.
The RHNA is a planning requirement based upon housing need, not a construction quota or
mandate, nor a prediction of how much additional housing is expected to be built during the next
8 years. The significance of the RHNA is that jurisdictions must adopt land use plans and
development regulations that could accommodate different types of housing commensurate with
the RHNA allocation. The City through the Westside Zoning Code Amendments and the Public
Works Department‘s streamlined and affordable building permit process meets its obligation to
accommodate the construction of residential units to meet the housing need identified by the
RHNA.
Resolution No. 2023-20 has been reviewed and approved as to form by the City
Attorney’s Office. Pursuant to Government Code Section 65090-65096, on August 24, 2023, the
public hearing notice was posted at City Hall, and published in the Huntington Park Bulletin
(Attachment 2. Notice of Public Hearing - Proof of Publication).
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. Resolution No. 2023-20
2. Notice of Public Hearing – Proof of Publication
..
..
Item 1 Page 3 of 171
RESOLUTION NO. 2023-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING AND ADOPTING AN AMENDED GENERAL PLAN (2021-
2029 HOUSING ELEMENT UPDATE)
SECTION 1. Recitals.
A. Every eight years, the State of California requires local governments to update
their housing elements to plan for the housing needs of the local community. Cities and
counties in the Los Angeles region were required to update their Housing Elements to
cover the Sixth Housing Cycle from 2021-2029.
B. Housing Elements are subject to a review and certification process by the State of
California Department of Housing and Community Development (HCD).
C. As provided in Government Code Sections 65352-65352.5, the City provided
public notice of the proposed General Plan amendment to all California Native American
tribes provided by the Native American Heritage Commission and other entities listed and
no California Native American tribe requested consultation.
D. In accordance with Government Code Section 65583, the 2021-2029 Housing
Element Update sets forth housing policies for the City, facilitating the preservation and
development of housing, establishing programs to accommodate the City’s share of the
regional housing need in Southern California and reflecting the zoning code changes
contained in Ordinance No. 1293 adopted by the City Council of the City of Vernon on
August 1, 2023.
E. The 2021-2029 Housing Element Update was prepared in accordance with
Government Code Sections 65580 through 65589 and complies with the duty to
Affirmatively Further Fair Housing.
F. The City’s share of the regional housing need assessment (RHNA) in Southern
California was allocated at nine (9) new housing units. The allocation establishes the
number of new units needed, by income category, to accommodate regional population
growth over the 2021-2029 planning period of the Housing Element.
G. The City Council of the City of Vernon conducted a duly noticed public hearing on
September 5, 2023, as required by law to review and take action on the General Plan
Amendment updating the City of Vernon’s General Plan to adopt the 2021-2029 Housing
Element Update.
H. In accordance with Government Code Section 65583.2, the City finds the rezoning
of four (4) zoning districts in the Westside of the City accommodate new additional
residential development during the period covered by the Housing Element.
..
..
Item 1 Page 4 of 171
Resolution No. 2023-20
Page 2 of 167 _______________________
I. The adoption of a Housing Element Update requires that a California
Environmental Quality Act (CEQA) analysis be conducted prior to action by the City
Council.
J. A Final Program Environmental Impact Report (PEIR) was prepared for the
Westside Zoning Code Amendments and on July 18, 2023, the City Council of the City of
Vernon adopted Resolution No. 2023-16 certifying the Final Program Environmental
Impact Report (PEIR) State Clearinghouse No. 2022040458.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon finds and determines that the
above recitals are true and correct.
SECTION 3. The City Council of the City of Vernon finds that adoption of this
Housing Element Update complies with the California Environmental Quality Act (CEQA)
because a Final Program Environmental Impact Report (PEIR) was prepared for the
Westside Zoning Code Amendments and on July 18, 2023, the City Council adopted
Resolution No. 2023-16 certifying the Final PEIR State Clearinghouse No. 2022040458.
SECTION 4. The City Council of the City of Vernon adopts the General Plan
Amendment approving the 2021-2029 Housing Element Update, a copy of which is
attached hereto as Exhibit A.
SECTION 5 The City Clerk shall certify the passage and adoption of this
resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED September 5, 2023.
________________________
CRYSTAL LARIOS, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, City Attorney
..
..
Item 1 Page 5 of 171
Introduction
Housing Element 2021 – 2029 | City of Vernon - 1
Resolution No. 2023-20
Page 3 of 167
________________________
..
..
Item 1 Page 6 of 171
Resolution No. 2023-20
Page 4 of 167
________________________
..
..
Item 1 Page 7 of 171
Resolution No. 2023-20
Page 5 of 167
________________________
..
..
Item 1 Page 8 of 171
Acknowledgements
City Council
Crystal Larios, Mayor
Judith Merlo, Mayor Pro Tem
Leticia Lopez, Councilmember
Jesus Rivera, Councilmember
Melissa Ybarra, Councilmember
City Staff
Carlos Fandino, City Administrator
Angela Kimmey, Deputy City Administrator
Daniel Wall, P.E., Public Works Director
Manuel Garcia, Public Works Deputy Director
Consultants
The Arroyo Group
Impact Sciences
Cover Image Credit
Steinberg Architects
Resolution No. 2023-20
Page 6 of 167
________________________
..
..
Item 1 Page 9 of 171
Table of Contents
Introduction ................................................................................................... 1
Goals and Policies .......................................................................................... 6
Housing Programs ....................................................................................... 12
Appendix A: Housing Needs ......................................................................... 18
Appendix B: Constraints Analysis ................................................................. 32
Appendix C: Housing Resources ................................................................... 67
Appendix D: Policy Evaluation ...................................................................... 83
Appendix E: Housing Programs Detail ........................................................... 95
Appendix F: Summary Of Recent Housing Legislation ................................. 127
Appendix G: Public Participation & Community Engagement Results ........... 138
Appendix H: Affirmatively Furthering Fair Housing……………………..…….140
Resolution No. 2023-20
Page 7 of 167
________________________
..
..
Item 1 Page 10 of 171
Resolution No. 2023-20
Page 8 of 167
________________________
..
..
Item 1 Page 11 of 171
Housing Element 2021 – 2029 | City of Vernon - 1
Introduction
Originally a residential community, Vernon has been a primarily, almost
exclusively industrial city since the 1920’s. Though over the last century there
has been a transition from manufacturing toward distribution, new residential
was hardly developed until a new affordable development was constructed in
2015 as a part of good governance reforms. Now, in order to ensure the long-
term stability and transparency of local government in Vernon, and to capitalize
upon changing economic dynamics in the residential, office, retail and
manufacturing markets, the City is planning its next evolution into a community
which remains a center of production yet welcomes more residents into its
borders in specific mixed-use areas defined within the Westside of the City.
The City of Vernon’s 2021-2029 Housing Element arises in the middle of this
shift, as a blueprint for how the City can enact this transformation over the next
eight years in keeping with the City’s General Plan and all legal requirements
from the State of California.
Statutory Authority/Requirements
The Vernon Housing Element is an element of the General Plan required by
State law to address current and future housing needs in the City (Government
Code Section 65583). State law requires that Housing Elements address the
following issues:
• Local governments must recognize their responsibility in
contributing to the attainment of the State's housing goals.
• Local governments must prepare and implement housing
elements that are coordinated with State and Federal efforts to
provide opportunities for new housing.
• Local governments must cooperate with other agencies and
governments to address regional housing needs.
The previous Housing Element covers from October 15, 2013, through October
15, 2021, and is part of the State’s fifth cycle of Housing Element updates.
This 6th Cycle Housing Element sets policy from October 15, 2021, through
October 15, 2029, defining how the city will meet requirements from the
Regional Housing Needs Assessment (RHNA) developed by the Southern
California Association of Governments (SCAG). Specifically, the RHNA calls for
nine units to be added during the 2021-2029 planning period.
Resolution No. 2023-20
Page 9 of 167
________________________
..
..
Item 1 Page 12 of 171
Introduction
Housing Element 2021 – 2029 | City of Vernon - 2
The California Department of Housing and Community Development (HCD) is
the State Agency responsible for ensuring that State housing law is being
implemented at the local level. This includes review and approval of this
Housing Element.
Relationship to Other General Plan Elements
The City of Vernon’s adopted General Plan Elements include the following:
• The Land Use Element lays out the location and distribution of
existing development and permitted land uses in the City.
• The Circulation and Infrastructure Element identifies the
planned development of the City’s transportation system and
all infrastructure needs.
• The Resources Element promotes the conservation,
development, and sustainable use of natural and cultural
resources. It also addresses air quality, water quality and global
warming.
• The Noise Element provides policy guidelines for controlling the
noise environment in the City.
• The Safety Element addresses natural hazards, such as seismic
events, and human-caused hazards, such as industrial fires.
State law requires that local general plans be internally consistent. As such,
policies and programs in this Housing Element must be reflected in the other
General Plan Elements when appropriate. For example, the Land Use Element
helps implement housing policy since it determines where housing should be
located and how it should look. The other elements of the General Plan directly
and indirectly impact how housing develops. This includes policies for
controlling noise, air quality and traffic, which affect the suitability and livability
of housing.
Public Participation
California law requires local governments to incorporate public input when
developing a Housing Element. Specifically, Government Code section 65583(c)(7)
says “that the local government shall make a diligent effort to achieve public
participation of all economic segments of the community in the development of
the housing element, and the program shall describe this effort.”
The City of Vernon has reached out to the community to define the City’s housing
needs and how to address them. Given the unique makeup of Vernon’s community
and the vastly different efforts related to new housing and mixed-use development
Resolution No. 2023-20
Page 10 of 167
________________________
..
..
Item 1 Page 13 of 171
Introduction
Housing Element 2021 – 2029 | City of Vernon - 3
on the Westside of the City and the maintenance of the City’s existing housing
stock, the outreach process this Element has run on two tracks:
• Westside Stakeholders Advisory Committee. The development of a
Westside Specific Plan was closely coordinated with a
Stakeholders Advisory Committee composed of City Council
representatives, the Chamber of Commerce, business owners,
property owners and brokers. Since the formation of this
committee, the direction of the plan has changed. Instead of
pursuing a Specific Plan, the City will separate the mixed-use
zoning standards so they can be published immediately. The
remainder of the report will be separately published as a long-
range vision to guide and inspire future actions by the City and
by private property owners/developers.
• In fall 2020, The Arroyo Group conducted individual interviews
with eighteen potential members of the Committee. Since early
2021, when the Committee was formed, five two-hour meetings
have been held. Topics of the five meetings have been:
• Meeting #1 organized the committee and presented the
baseline studies, including four areas under consideration for
mixed-use development, including residential.
• Meetings #2 and #3 established recommended goals for the
project. While the primary goal was to reinvigorate Vernon’s
competitive advantage as a center of production, another key
goal recommended by the Committee was to increase the
residential population of the City. These meetings also
recommended three study areas for mixed-use development:
Santa Fe North, Santa Fe South, and Pacific/Hampton, and
stated the Committee’s opinion that housing on Santa Fe
Avenue could not be undertaken without transportation and
streetscape changes that would create a more suitable
environment.
• Meeting #4 involved a robust discussion of transportation
changes that could be made to achieve the objective of a more
suitable Santa Fe Avenue for mixed-use development.
• Meeting #5 presented concepts for catalytic development
projects, including residential projects on the Westside of the
City.
• Meeting #6 introduced proposed zoning controls and design
standards for the Westside.
Resolution No. 2023-20
Page 11 of 167
________________________
..
..
Item 1 Page 14 of 171
Introduction
Housing Element 2021 – 2029 | City of Vernon - 4
• Meeting #7 involved a discussion of the development proposal
at 5592-5600 S. Santa Fe Avenue. Additionally, during this
meeting the change of direction for the former Westside
Specific Plan was solidified. It was decided that mixed use
zoning will be separated from the remainder of the report so
zoning standards can be published immediately. The
remainder of the report will be separately published as a long-
range vision to guide and inspire future actions by the City and
by private property owners/developers.
As demonstrated by the topics of discussion of the seven stakeholder
meetings, stakeholder concerns about new housing have been taken into
account at every step along the way, resulting in sufficient direction to prepare
this Housing Element’s recommendations related to new housing on the
Westside of the City. Minutes from the former Westside Specific Plan
Stakeholder Advisory Committee meetings are included in Appendix F.
• Housing Commission Meeting. City staff and The Arroyo Group
conducted a meeting with the Housing Commission on
December 8, 2021, to discuss the draft Housing Plan (Goals,
Policies, Programs, and Sites). The Housing Commission
consists of seven members (currently three business
representatives, three resident representatives and one
employee representative) who provide open and transparent
management of the City’s housing units. Minutes from the
Housing Commission meeting are included in Appendix F. Key
takeaways from the Housing Commission meeting included not
making specific commitments about the number of housing
units desired on the Civic Center site and considering traffic
impacts of new housing.
• First Public Comment Period Responses. Public comment period
on the draft Housing Element was held from January 26 to
February 25, 2022. The City notified Councilmembers, Housing
Commission members, residents, Vernon Village Park
Apartments manager, Bell Salvation Army, Los Angeles
Homeless Services Authority, Housing Rights Center, and the
South Central Los Angeles Regional Center, and made the
Element available on the City’s website. The City received one
long-form public comment, from a resident, during the public
comment period. City staff and The Arroyo Group reviewed the
public comment in detail and recorded responses to each
subset of the public comment on an Excel sheet. The Arroyo
Group, with guidance from City staff, made edits to the draft
Housing Element based on the public comment received. The
Resolution No. 2023-20
Page 12 of 167
________________________
..
..
Item 1 Page 15 of 171
Introduction
Housing Element 2021 – 2029 | City of Vernon - 5
edits included adding additional information and improving
phrasing for ease of understanding.
• Second Public Comment Period Responses. The seven-day public
comment period on the draft Housing Element was held from
March 2 to March 13, 2023. The City notified Councilmembers,
Housing Commission members, members of the Westside
Specific Plan Stakeholders Advisory Committee, residents, the
Chamber of Commerce, the Vernon Village Park Apartments
manager, the Housing Rights Center, the South Central
Regional Center, Bell Salvation Army, and the Los Angeles
Homeless Services Authority, and made the Element available
on the City’s website. The City received one short-form public
comment, from a member of the Westside Specific Plan
Stakeholders Advisory Committee, during the public comment
period. City staff and The Arroyo Group reviewed the public
comment in detail and worked in cooperation with the
committee member to edit the Element in response to the
comment, prior to submission to HCD.
• Comment Letter Response. In response to a comment letter sent
to HCD regarding CEQA streamlining and PRC 21080.1, the
City clarifies that there will beno CEQA requirement for most
new projects as multi-family residential projects within the
Westside Mixed-Use District will not be required to go to a
public body for approval.
Third Public Comment Period Responses. The seven-day public comment
period on the draft Housing Element was held from May 4th to May 11th, 2023.
The City notified Councilmembers, Housing Commission members, members
of the Westside Specific Plan Stakeholders Advisory Committee, residents, the
Chamber of Commerce, the Vernon Village Park Apartments manager, the
Housing Rights Center, the South Central Regional Center, Bell Salvation Army,
the Los Angeles Homeless Services Authority, and everyone who previously
submitted a comment. Additionally, the City made the Element available on the
City’s website. The City received no responses from the public. Following HCD
review of the draft Element, the City Council will conduct public hearings and
adopt this Housing Element.
Resolution No. 2023-20
Page 13 of 167
________________________
..
..
Item 1 Page 16 of 171
Housing Element 2021 – 2029 | City of Vernon - 6
Resolution No. 2023-20
Page 14 of 167
________________________
..
..
Item 1 Page 17 of 171
Goals and Policies
Housing Element 2021 – 2029 | City of Vernon - 7
Goals and Policies
Although originally a residential and agricultural community, Vernon has been
known over the past century as a totally industrial city. The 2010 United States
Census reported a population of only 112 persons in 31 dwelling units, making
it the second least populous city within the State of California.
In response to the extremely small population and the reported high salaries of
public officials, Assembly Speaker John Perez introduced two measures in
2010 (AB 46 and AB781) to disincorporate the City of Vernon. The legislature
agreed to hold off on disincorporation if the City would take steps to reform its
government and increase and stabilize its population. The first step to increase
the population was taken in 2015 with the construction of Vernon Vill age Park
Apartments, a 45-unit affordable housing project. This resulted in a doubling
of the population by 2020. But this number is still inadequate to ensure good
governance and to avoid the threat of disincorporation, as manipulation of a
small number of voters by an individual or entity could allow for a relatively easy
takeover of control of the City.
Therefore, this 6th Cycle of the Housing Element sets forth goals and strategies
to gradually increase, diversify and stabilize the population. Vernon will remain
a center of production, but it will welcome more residents within its borders in
specific mixed-use areas defined within the Westside of the City. This vision is
illustrated by the following four goals to this 2021-2029 Housing Element:
• Goal 1: New, quality housing to attract and accommodate a
broad, diverse and engaged citizenry.
• Goal 2: Attractive, livable and healthy environments for
residential uses.
• Goal 3: Decent, safe and sanitary construction and
maintenance of all housing units in the City.
• Goal 4: Diversity, transparency and equal housing opportunity
in the ownership and occupancy of the City’s housing stock.
Figure 1 presents the policies and programs that will implement these goals.
Resolution No. 2023-20
Page 15 of 167
________________________
..
..
Item 1 Page 18 of 171
Goals and Policies
Housing Element 2021 – 2029 | City of Vernon - 8
Goal Policy Applicable Program(s)
1. New, quality housing to attract
and accommodate a broad,
diverse and engaged citizenry.
Policy 1.1. Adopt mixed-use zoning within the Westside of the City which provides for the
construction of new multifamily housing in suitable areas. Program 8. Westside Mixed Use District Zoning
Amendment
Policy 1.2. Encourage the development of appropriately placed new affordable and market-rate
housing through regulatory and financial incentives, when necessary.
Program 8. Westside Mixed Use District Zoning
Amendment
Program 13. Housing Grant Application Working Group
Program 17: Review and Removal of Governmental and
Nongovernmental Constraints
Policy 1.3. Launch a marketing effort to reveal the new attitude of the City of Vernon as a
community which welcomes and supports new residential development. Program 9. Mixed Use Development Marketing
Policy 1.4. Allow for modest increases in the density of existing housing sites. Program 10. Medium-Density Residential Zoning
Program 11. Accessory Dwelling Unit Ordinance
Policy 1.5. Create a residential zoning district to bring existing housing units into conformance
with the zoning code. Program 10. Medium-Density Residential Zoning
Policy 1.6. Permit the development of caretaker housing units on industrial properties when they
do not provide a hazard to the health and safety of their residents.
Program 12. Caretaker Housing
2. Attractive, livable and healthy
environments for residential uses.
Policy 2.1. Strategically locate housing sites and implement appropriate land use regulations for
areas targeted for new housing so as to minimize noise, vibration, smoke, noxious gases, glare,
heat, dust, odors, air pollution, and other adverse impacts associated with industrial uses,
slaughtering and rendering uses, businesses that release toxic materials, and trucking and railroad
facilities and routes.
Program 8. Westside Mixed Use District Zoning
Amendment
Policy 2.2. Encourage development of mixed-use districts which provide adequate amenities for
targeted population(s).
Program 8. Westside Mixed Use District Zoning
Amendment
Policy 2.3. Explore modifications to streets, rail right-of-ways and other publicly- or utility-owned
spaces adjacent to residential development which can ameliorate noise, vibration and other
impacts of industrial activity and improve access to open space.
Program 21. Environmental Enhancements
Policy 2.4. Pursue grants and funding sources to remediate contaminated potential housing sites
in the City. Program 14. Housing Grant Application Working Group
Resolution No. 2023-20
Page 16 of 167
________________________
..
..
Item 1 Page 19 of 171
Goals and Policies
Housing Element 2021 – 2029 | City of Vernon - 9
Goal Policy Applicable Program(s)
Policy 2.5. Require the development of private recreation amenities within large residential
projects.
Program 8. Westside Mixed Use District Zoning
Amendment
3. Decent, safe and sanitary
construction and maintenance of
all housing units in the City.
Policy 3.1. Enforce all relevant building and zoning codes to ensure that all residential units are
adequately maintained and protected. Program 2. Code Enforcement
Policy 3.2. Continue enforcement of environmental safety regulations to ensure that all residential
units are adequately maintained and protected. Program 6. Environmental Safety Enforcement
Policy 3.3. Require any new residential units or those undergoing a major alteration to be equipped
with air filtration systems (such as HVAC systems) and sound insulation (such as dual-paned
windows) to protect residents from exposure to adverse environmental conditions.
Program 1. Maintenance of City-Owned Residences
Program 8. Westside Mixed Use District Zoning
Amendment
Policy 3.4. Provide for the retention of housing units in the City that are physically and
environmentally sound.
Program 1. Maintenance of City-Owned Residences
Program 3. Preservation of At-Risk Housing
Policy 3.5. Accommodate the needs of disabled residents through the adopted reasonable
accommodation procedure.
Program 4. Housing Opportunities for Residents with
Special Needs
4. Diversity, transparency and
equal housing opportunity in the
ownership and occupancy of the
City’s housing stock.
Policy 4.1. Prohibit discrimination and ensure transparency in the leasing and sales of housing in
the City, particularly City-owned housing. Program 7. Equal Housing Opportunity
Policy 4.2. Ensure transparency in the selection and approval of tenants of City-owned housing. Program 7. Equal Housing Opportunity
Program 13. Housing Lottery
Policy 4.3. Address the housing needs of special populations and extremely low-income
households through emergency shelters, transitional housing, supportive housing and single-room
occupancy units.
Program 4. Housing Opportunities for Residents with
Special Needs
Policy 4.4. Encourage the development of housing specifically for employees of Vernon
businesses, while protecting against over concentrations of housing by any one business.
Program 15. Employee Workforce Housing
Program 12. Caretaker Housing
Policy 4.5. Encourage homeownership, reasonable rent increases and other measures to promote
the stability of the full-time resident population. Program 8. Westside Mixed Use District Zoning
Amendment
Policy 4.6. Preserve the affordability of existing covenanted affordable housing units in the City. Program 3. Preservation of At-Risk Housing
Resolution No. 2023-20
Page 17 of 167
________________________
..
..
Item 1 Page 20 of 171
Goals and Policies
Housing Element 2021 – 2029 | City of Vernon - 10
Policy 4.7. Consider options to transfer the City’s housing stock to small-scale private ownership,
including potential purchase by existing tenants. Program 16. City-Owned Housing Disposition Study
Figure 1.
Housing Element Goals & Policies
Resolution No. 2023-20
Page 18 of 167
________________________
..
..
Item 1 Page 21 of 171
Housing Element 2021 – 2029 | City of Vernon - 11
Quantified Objectives
Based on the needs, resources, and constraints in the City of Vernon, the
following objectives represent the City’s objectives for addressing its housing
challenges. The “New Construction” objective refers to the minimum number
of new units that will be constructed using public and/or private sources over
the 2021-2029 planning period. This corresponds to the City’s Regional
Housing Needs Assessment (RHNA) assigned by the Southern California
Association of Governments in 2020. While this is a minimum objective, the
City hopes and expects to significantly exceed this objective during the 6th
Cycle.
The “Rehabilitation” objective refers to the number of existing units expected
to be rehabilitated during the 6th Cycle. The “Conservation/Preservation”
objective refers to the preservation of affordable housing stock throughout the
6th Cycle planning period.
6th Cycle Housing Element Objectives
Income Category New Construction
(2021-2029)
Rehabilitation
(2021-2029)
Conservation/
Preservation
(2021-2029)
Extremely Low 2 units 2 City-owned
housing units will
be rehabilitated
due to age.
All 45 existing
covenanted
affordable
housing units will
be preserved.
Very Low 3 units
Low 4 units
Moderate 0 units
Above Moderate 0 units
Total 9 units
Figure 2.
Source: City of Vernon, 2021.
Resolution No. 2023-20
Page 19 of 167
________________________
..
..
Item 1 Page 22 of 171
Housing Element 2021 – 2029 | City of Vernon - 12
Housing Programs
Resolution No. 2023-20
Page 20 of 167
________________________
..
..
Item 1 Page 23 of 171
Housing Programs
Housing Element 2021 – 2029 | City of Vernon - 13
To implement the City’s housing policies, 22 programs have been defined that
will advance all the City’s housing goals. As illustrated in Figure 1, these
programs tie back to the goals and the policies that provide the backbone of
the City’s housing strategy.
An overview of each of the 22 programs is given below; detailed descriptions of
each program, with action plans, are given in Appendix E.
Program 1: Maintenance of City-Owned Residences. The City owns 26 housing
units in Vernon, all of which are rented. The City is responsible for the
maintenance and upkeep of these units, and management is overseen by the
Housing Commission. All City-owned units were determined to be in good
repair. The City of Vernon recently renovated 24 of their 26 City-owned units.
The remaining two units, though they are in good, habitable condition, will be
renovated due to age over the next eight-year planning period. The City will
continue to provide maintenance to these units, thus ensuring upkeep for
Vernon’s City-Owned housing stock.
Program 2 : Vernon Code Enforcement Program. As additional privately-
owned residential units are built in Vernon the need for code enforcement will
increase. At the conclusion of the 6th Cycle, the City will review the need to
dedicate additional staff time to code enforcement.
Program 3: Preservation of At-Risk Housing. There is one affordable family
housing development in the City of Vernon funded through Low-Income
Housing Tax Credits (LIHTC). This development, the Vernon Village Park
Apartments, is not at risk of conversion to market rate housing since the
development was completed in 2015. Vernon Village Park Apartments will not
be eligible to convert to market rate housing until 2070.
Program 4: Housing Opportunities for Residents with Special Needs. The Fair
Housing Act, as amended in 1988, requires that cities and counties provide
reasonable accommodation to rules, policies, practices, and procedures where
such accommodation may be necessary to afford individuals with disabilities
equal housing opportunities. The City has adopted procedures in their Zoning
Ordinance for housing for persons with disabilities and will provide information
to residents through the City’s website.
Program 5: Priority Water and Sewer Services. In accordance with
Government Code Section 65589.7, after the Vernon Housing Element is
adopted by City Council, a copy will be immediately delivered to all public
agencies or private entities that provide water or sewer services to properties
within Vernon.
Resolution No. 2023-20
Page 21 of 167
________________________
..
..
Item 1 Page 24 of 171
Housing Programs
Housing Element 2021 – 2029 | City of Vernon - 14
Program 6: Environmental Safety Enforcement. The City will continue to
enforce health and environmental safety regulations of industrial businesses
through its Health Department which can help protect nearby residents.
Program 7: Equal Housing Opportunity Program. The City shall take
meaningful actions to address significant disparities in housing needs and
access to opportunity for all persons regardless of all characteristics protected
by the California Fair Employment and Housing Act. Actions include publicizing
information about fair housing law, referring complaints, and training property
owners and managers about responsible management of environmental
hazards.
Program 8: Westside Mixed Use District Zoning Amendment. The City is
preparing the Westside Mixed Use District Zoning Amendment which will
enable residential and mixed-use development in focused areas within the
Westside of the City. Multifamily residential development of 3-7 stories in
height will be permitted by-right, and infrastructure and environmental
standards are envisioned to facilitate the development of housing within the
targeted areas.
Program 9: Mixed Use Development Marketing. After the City of Vernon
completes the Westside Mixed Use District Zoning Amendment the City will
initiate a Mixed-Use Development Marketing program to inform developers and
potential residents and customers of the new opportunity that will exist on the
Westside of the City. This marketing program aims to market the Westside of
Vernon as a hybrid industrial, mixed-use district which welcomes residential
development.
Program 10: Medium Density Residential Zoning. A large amount of housing
in the City of Vernon is situated on land not zoned for residential uses. This
program includes adopting a zoning designation to make all existing housing
conforming. The zoning designation will also permit more than one unit to be
constructed per parcel, enabling future growth.
Program 11: Accessory Dwelling Unit Ordinance. The City of Vernon will
develop and adopt an ADU ordinance within the sixth cycle planning period.
The ADU ordinance will be in conformance with State law and encourage
accessory dwelling unit construction.
Program 12: Caretaker Housing. Industrial businesses in Vernon have
expressed interest in permitting caretaker housing units to be constructed on
their properties. The City will adopt a code amendment to allow caretaker
housing to be constructed on industrial properties in appropriate locations
throughout the City, as long as such housing does not injure the health and
welfare of residents or other industrial users.
Resolution No. 2023-20
Page 22 of 167
________________________
..
..
Item 1 Page 25 of 171
Housing Programs
Housing Element 2021 – 2029 | City of Vernon - 15
Program 13: Housing Lottery. Since the institution of the City’s good
governance reforms in the early 2010’s, the City has used a lottery system to
guide the lease-up of vacant City-owned residential units. The City will continue
to administer this lottery system throughout the sixth cycle period.
Program 14: Housing Grant Application Working Group. The City desires to
seek out grants that can expand revenue for important housing programs while
providing more financial flexibility for General Fund revenues. As opportunities
arise, the City will form an interdepartmental working group to identify unmet
housing needs and focus on appropriate regional grant opportunities.
Program 15: Employee Workforce Housing. The Public Works Department will
inform local business owners of their ability to develop workforce housing for
their employees in areas appropriately zoned for residential development. It will
cooperate with business owners that seek to develop employee housing in the
City, while also ensuring that such housing does not comprise an
overconcentration of residents employed by any one business in the electorate
of the City.
Program 16: City-Owned Housing Disposition Study. To provide long-term
protection against any mismanagement of City-owned housing and provide
opportunities for equity building, the City will undertake a study to consider the
sale of city-owned housing units including the sale of these units to current
tenants. The study would address the legal and financial constraints on such
actions and provide guidelines for the appropriate prices at which units could
be disposed.
Program 17: Review and Removal of Governmental and Nongovernmental
Constraints. This program is an existing program that will be continued through
the 2021-2029 Planning Period. This program involves the continued
comprehensive review of the City’s Zoning Ordinance to identify undue
constraints to the production of housing. In the event a constraint is identified,
the zoning requirements will be revised.
Program 18: Energy Conservation. The City will review the City’s Zoning
Ordinance and subdivision requirements, as well as other applicable codes, to
promote energy conservation in housing rehabilitation and in the construction
of new housing. This program will supplement existing City efforts in the
enforcement of the State’s construction codes requiring energy efficiency in
new construction. This program will ensure that developers and/or architects
incorporate certain State-mandated energy and water conserving equipment
in new development. The City’s website will be expanded to include a section
that will refer users to a wide range of initiatives from other energy and water
Resolution No. 2023-20
Page 23 of 167
________________________
..
..
Item 1 Page 26 of 171
Housing Programs
Housing Element 2021 – 2029 | City of Vernon - 16
providers that will be effective in helping to conserve these resources. The
programs will include rebates from other energy providers for energy
conserving refrigerators, water heaters, and other household appliances.
Program 19: Extremely Low-Income, Very Low-Income, and Low-Income
Housing Program. The City will pursue available funding sources to assist in the
development of lower income housing, including extremely low-income
housing. The City apply for State and Federal assistance including, but not
limited to CDBG and HOME funding. The City will send out an annual
communication to developers of affordable and special needs housing
discussing available funding sources to assist in the development of lower
income, including extremely low-income housing and housing suitable for
special needs populations. The City will explore opportunities for adaptive
reuse of existing non-residential structures into residential uses for special
needs groups, including low-income households.
Program 20: Small Site Development Facilitation and Lot Consolidation. In
order to facilitate the development of smaller sites within the Westside Mixed-
Use District as small projects and/or encourage consolidation of smaller sites,
the City will provide development incentives including flexible development
standards and exploration of reusing public right-of-way. The City will also
publish information on developable parcels and contact owners of contiguous
sites to introduce the idea of parcel consolidation.
Program 21: Environmental Enhancements. The City will evaluate the
feasibility of street improvements for streets in Vernon with residential uses. If
the City finds certain improvements feasible, the City will seek eligible sources
of funding. Street improvements to residential streets would improve the
pedestrian experience for Vernon’s residents.
Program 22: Environmental Justice. Through this program the City commits to
a number of actions to address environmental concerns. The City will complete
an Environmental Justice Element, coordinate with the California Department
of Toxic Substances Control (DTSC) on the Exide Residential cleanup , provide
residents with transit education, implement the Transportation Demand
Management (TDM) standards within the Westside Mixed Use District Zoning
Amendment, cooperate on the creation of the LA River Bike Path, and inform
Vernon Village Park residents of City services and inform them of opportunities
to become involved with municipal decision making.
Resolution No. 2023-20
Page 24 of 167
________________________
..
..
Item 1 Page 27 of 171
Housing Element 2021 – 2029 | City of Vernon - 17
Resolution No. 2023-20
Page 25 of 167
________________________
..
..
Item 1 Page 28 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 18
APPENDIX A: HOUSING NEEDS
Demographic Trends
Understanding where the City has been vital to shaping how the City can move
forward on housing policy. The City of Vernon’s Housing Element takes into
account trends in housing, population, jobs, and other factors that influence
how the City has changed over the first two decades of the 21st Century. This
Appendix provides a snapshot of where the City is and how it got here.
The City of Vernon has a very small population, as the City has historically been
a center for industry. However, with the opening of an affordable housing
development in 2015, the Vernon Village Park Apartments, the population in
Vernon nearly doubled. Demographic information is not available on these new
Vernon Village Park Apartments residents as the American Community Survey
does not account for them in totality and the latest Census data is not
completely available. This Housing Needs Appendix will integrate these new
residents as much as possible; however, it is important to note our data sources
are extremely limited for this segment of Vernon’s population. Reliable data for
the other portions of Vernon’s population (City-owned and private, market-rate
housing) are also limited because sample survey data, such as the American
Community Survey, has a high margin of error for very small communities like
Vernon. In certain portions of this Appendix, where possible, public data has
been supplemented with recent tenant information for City-owned housing.
Population Growth
According to State of California Department of Finance data from January
2021 the City of Vernon is the 481st most populous city in the state, out of 482
total cities. The 2020 Department of Finance data identified 297 Vernon
residents compared to the data from the 2020 U.S. Census, which identified
222 residents. Based Department of Finance data, over the twenty-year period
from 2000 to 2020, Vernon’s annual growth rate was 5.9% compared to 0.7%
in the Southern California Association of Governments (SCAG) region. The
5.9% population growth rate indicates that the City of Vernon has experienced
significant population growth compared to the SCAG region. This population
growth is likely due to opening of the Vernon Village Park Apartments complex
in 2015. According to Department of Finance data, the City’s population was
123 people in 2015 and increased by 174 people for a total of 297 people in
2020.
According to SCAG’s Technical Report, “Current Context: Demographics and
Growth Forecast” published in September 2020, the Los Angeles County
Resolution No. 2023-20
Page 26 of 167
________________________
..
..
Item 1 Page 29 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 19
population is slated to increase by 16% from 2016 to 2045. The same report
projects that Vernon’s population will increase by 0% during the same period.
However, it is the City of Vernon’s vision that Vernon will become a destination
for new residents in the coming years, resulting in significant population
growth.
Age Characteristics
Vernon’s housing needs are in part determined by the age characteristics of
residents. As a person ages they cycle through different lifestyles, family sizes,
and income levels. These lifestyles, family sizes, and income levels influence a
person’s preference for certain housing types along with their ability to afford
different types of housing. Younger adults tend to move to apartments and
condominiums which are typically relatively affordable and allow a great deal
of flexibility. Middle-aged adults tend to move to larger apartments,
condominiums, and single-family homes to fit their growing families and
children. Seniors might move into more manageable living situations, such as
smaller apartments/homes, properties shared with children, retirement
communities, or assisted living facilities. While Vernon may not feature this
wide variety of housing types at this time, the City of Vernon is committed to
bringing more housing types and residential options into the City.
According to 2015-2019 ACS 5-year data (which does not factor in the new
Vernon Village Park Apartments population), the median age of a Vernon
resident is 26.5 years old, which is significantly lower than the Los Angeles
County median age of 36.5 years old. According to the same data, 40.8% of
Vernon’s population is male and 59.2% of the population in female.
According to 2015-2019 ACS 5-year data, the percentage of the total
population 19 years old and younger is 40%, which is much higher than the
county share at 24.6%. Vernon’s seniors make up 3.8% of the total population,
which is lower than the county share at 13.3%. The same data finds that the
four largest segments of Vernon’s current population 25 to 34 years old, 35 to
44 years old, 5 to 9 years old, and under 5 years old, respectively. These trends
indicate that residents in Vernon typically raise their families in the City, but
likely move out of the City as they age. The City of Vernon’s median age actually
decreased as according to 2006-2010 ACS Data, the median age was 30.4
years old.
Resolution No. 2023-20
Page 27 of 167
________________________
..
..
Item 1 Page 30 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 20
Race and Ethnicity
Over the last decade, from 2010 to 2019, the city has experienced significant
increases in population. According to 2020 U.S. Census Data, which counted
a population of 222 residents, for those residents who identified as one race 97
residents identified as some other race alone, 53 residents identified as White
alone, 20 residents identified as Black, 15 identified as Asian alone, and 3
identified as American Indian. Unfortunately, there is no other information
available for those 97 residents who identified as some other race alone, which
makes up a large segment of Vernon’s population at 43.7%. Additionally, 34
residents identified with two or more races. Of the 222 residents, 168 residents
identified as Hispanic or Latino.
A comparison of U.S. Census Data from 2010 and 2020 found that over the
past decade the White population in Vernon decreased while the population of
every other race increased, especially the Latino population which increased
from 48 people in 2010 to 168 people in 2020.
Foreign Born Population
According to 2015-2019 ACS 5-year data, 24 residents are foreign-born in
Vernon. Of this foreign-born population, 9 residents are naturalized U.S.
citizens. Eighteen of these 24 residents were born in Latin America. The
population in Vernon that speaks English only at home is 26.5% of the
population. Seventy-three percent of the population speaks a language other
than English at home and 12.4% of that population speaks English less than
“very well.” For residents who speak a language othe r than English, the most
prevalent language is Spanish which is spoken by 65.5% of the population 5
years old and up.
Employment Growth and Change
Employment trends have an important role in defining housing needs.
Employment factors that impact housing needs include projected job growth
that will bring more residents into the city, wage levels in the city, and demands
on infrastructure that result from increased housing and employment demand.
The City of Vernon has long been a city for industry. The City hopes to bring
more housing to Vernon, allowing more of Vernon’s workers to live locally in the
City.
Based on 2015-2019 ACS 5-year data, the City of Vernon has 58 workers living
within its borders. These workers work across 9 major industrial sectors, with
the three most prevalent sectors being Public Administration, Education &
Social Services, and Retail Trade.
Resolution No. 2023-20
Page 28 of 167
________________________
..
..
Item 1 Page 31 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 21
As for employment by occupation, the largest occupation among residents is
management, followed by sales, and production respectively. The number of
employees working in management, business, science and arts has increased
most significantly over the past ten years in Vernon.
According to the U.S. Census Bureau “On the Map” data from 2021, there are
38,767 jobs in the City of Vernon. The number of jobs available in 2010 was
44,534, meaning the number of jobs in the City of Vernon has decreased over
the past decade. This may be due to a shift from manufacturing to
warehousing, which requires less workers.
According to 2015-2019 ACS Data, the City of Vernon’s unemployment rate
was 0%. The unemployment rate likely increased during the COVID-19
pandemic; however, it is expected that the unemployment rate has recovered
as of November 2021.
According to the U.S. Census Bureau “On the Map” data the number of
residents who lived and worked in Vernon decreased from 99 people in 2010
to 88 people in 2019. As of 2019, 38,679 people worked in Vernon but lived
outside of the city and 245 people lived in Vernon but worked outside of the
city.
Household Income
Household income predicts the types and price of housing that residents can
afford. According to ACS 2015-2019 5-year data, the City of Vernon’s median
household income increased significantly by $29,292 over the last decade to
$67,917. This significant increase can likely be attributed to the small sample
size in Vernon. Using the same data, Vernon’s median household income
closely matches the Los Angeles County median household income of
$68,044. There is no ACS Poverty Data available from recent years for the City
of Vernon.
Housing Composition
According to January 2021 California Department of Finance data, there are
76 housing units in the City of Vernon (which differs from the City’s data which
finds 74 housing units in the City), which does account for the Vernon Village
Park Apartments. The city’s housing stock is approximately 69.7% multi-family
(5 units or more). Single-family detached homes, at 23 units, make up 30.3%
of the city’s housing stock. Compared to the SCAG region, Vernon’s share of
single-family detached housing is significantly lower than the regional SCAG
average, while the share of multi-family housing is higher than the regional
SCAG average.
Additionally, according to the same data the City of Vernon has an overall
vacancy rate of 2.6% which is lower than the Los Angeles County overall
Resolution No. 2023-20
Page 29 of 167
________________________
..
..
Item 1 Page 32 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 22
vacancy rate of 6.4%. A healthy residential vacancy rate in the United States
hovers around 7 to 8%. Very little vacant housing exists in the City of Vernon at
this time.
According to 2015 to 2019 ACS data the City of Vernon’s average household
size is 4 people per owner-occupied household and 2.92 people per renter-
occupied household. The average household size in Los Angeles County is 2.92
people per household.
Housing Tenure
Housing tenure refers to whether a household rents or owns a home. According
to 2015-2019 ACS Data, there are four owner-occupied units in the City. The
City’s homeownership rate of 9.3% does not correspond with the City’s
proportion of single-family housing, because the City of Vernon owns many of
the single-family homes in the City and rent them to residents. Owner-occupied
units in Vernon exist at much lower rates than in Los Angeles County, which has
45.8%.
According to 2014-2018 ACS 5-year Data, the majority of owner-occupied
households moved into their homes since 2014. Renter-occupied households
also moved into Vernon quite recently with the majority moving in during that
same time period.
Housing Age and Condition
According to 2014 to 2018 ACS 5-Year Data, the City of Vernon’s housing stock
was consistently built slowly over the years, spreading from prior to 1939 to
2009. In 2015, the Vernon Village Park Apartments were built.
Residential units begin to show their age after 30 years and require exterior
maintenance and upkeep. In addition to exterior upkeep and maintenance,
homes that are older than 30-year-old are likely to need substantial repairs,
maintenance, and renovation internally. The City of Vernon has recently
updated all but two of their City-owned housing stock and the City has plans to
renovate the last two over the next eight-year planning cycle. The private units
in the City are in good quality as are the Vernon Village Park Apartments which
were built only six years ago.
Based on 2015-2019 ACS Data, the majority of the housing stock in Vernon
does not have issues with substandard quality. No units in Vernon lack
plumbing or kitchen facilities and only three units have no telephone service
available.
Housing Prices and Affordability
Resolution No. 2023-20
Page 30 of 167
________________________
..
..
Item 1 Page 33 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 23
HUD CHAS 2013-2017 data reveals that sixteen households in the City are
cost burdened, all of whom are renters. Four households, all of whom make
between 30% and 50% HAMFI, are severely cost burdened, indicating that
they pay over half of their income in rent.
The City of Vernon owns 26 of the City’s 74 residential units. As a stipulation of
the City’s good governance reforms, new renters of City-owned housing pay
market-rate rents according to the Small Area Fair Market Rents established
by HUD for the Vernon zip codes, which are 90023, 90058, 90255, and 90270.
The 2020 small area fair market rents for these four zip codes are as follows:
$1,450 for a one-bedroom unit, $1,860 for a two-bedroom unit, $2,470 for a
three-bedroom unit, and $2,690 for a four-bedroom unit.
The City is currently increasing the rent each year for already rented City-
owned units. The City increases the rent on these units every year according to
the Consumer Price Index (CPI), which is the measure of inflation. As of
October 2020, these are the average rents the City charges for City-owned
apartments: $1,057.45 for two-bedroom apartments and $964.53 for one-
bedroom apartments. According to the same data, these are the average rents
the City charges for City-owned single-family homes: $1,031.36 for two-
bedroom homes and $1,361.75 for three-bedroom homes.
Additionally, the Vernon Village Park Apartments are rented at affordable rates
and the residents qualify through their income, meaning these residents are
not rent burdened.
Homeownership
The housing market from 2000 to 2010 was incredibly volatile, especially
during the 2008 financial crisis. The City of Vernon has been largely exempt
from this volatile market, as the City has so few units available for
homeownership. In fact, there is very little data available regarding the price of
homeownership in Vernon that can be used for an accurate estimation.
While homes in Vernon likely cost significantly less than homes in the larger
SCAG region, Vernon’s few homeowners are paying high amounts in mortgage
costs per month. Additionally, the maintenance and upkeep costs that come
along with owning older homes place financial pressure on the homeowner or
property owner. These maintenance and upkeep costs add up on top of the
already high mortgage costs for owners in the City of Vernon.
Extremely Low-Income Housing Needs
Resolution No. 2023-20
Page 31 of 167
________________________
..
..
Item 1 Page 34 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 24
In 2013-2017, according to HUD CHAS data, the City of Vernon had no
households that qualified as extremely low-income households, or households
that earn below 30% of the HAMFI. In the absence of poverty data, this is the
most accurate estimation for the number of extremely low-income households
in Vernon. Due to the absence of Census data on extremely low-income
households in Vernon, it is presumed that 50% of the regional housing needs
allocation for very-low-income households qualify as extremely low-income
households. This means that there are 2.5 extremely low households in the City
of Vernon, which is the City’s projected extremely low-income housing need.
The number of extremely low-income households in Vernon may have
increased recently due to the opening of the Vernon Village Park Apartments.
However, the extremely low-income households living in this project are not
rent burdened and are living in affordable housing that is sustainable in the
long-term. These households are not susceptible to the volatile private market
in Southern California.
Special Needs Populations
Certain households in Vernon have greater difficulty finding safe and decent
affordable housing due to special circumstances. These special circumstances
typically relate to age related health issues, family characteristics, income-
earning potential, physical or mental disabilities, homelessness and more.
Circumstances such as these make it difficult to secure and maintain
affordable housing in Vernon. Often these households have higher rates of
overpayment and overcrowding due to their special circumstances. Because of
these considerations, the housing needs of special needs populations such as
these are considered separate from the general population’s housing needs.
State housing law defines “special needs” populations as people with physical
and mental disabilities, farmworkers, large families, female headed
households, seniors, and people experiencing homelessness, This section will
address the housing needs of each of these special need populations.
Disabled
According to Section 4512 of the Welfare and Institutions Code, a
‘Developmental disability’ is a disability that originates before an individual is
eighteen (18) years old, continues, or can be expected to continue, indefinitely,
and constitutes a substantial disability for that individual. Developmental
disabilities include intellectual disabilities, cerebral palsy, epilepsy, and
autism. This term also includes other disabling conditions that are closely
related to intellectual disabilities or requires treatment similar to that for
intellectual disabilities but does not include other disabling conditions that are
purely physical in nature.
Resolution No. 2023-20
Page 32 of 167
________________________
..
..
Item 1 Page 35 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 25
According to 2015-2019 ACS 5-year Data, 11 Vernon residents have a
disability. Vernon’s disabled population accounts for 8.5% of the total civilian
non-institutionalized population. Nine of the eleven disabled residents are 18-
64 years old while the remaining two disabled residents are 65 years old or
older. Based on 2014-2018 ACS 5-Year Data, the top three types of disabilities
are ambulatory, independent living, and cognitive, respectively. The top three
most common types of disabilities for seniors in Vernon are ambulatory and
self-care respectively.
Based on 2021 data from the California Department of Developmental Services
there are approximately 52 individuals with developmental disabilities in the
90058 zip code, 32 of which are under 17 years of age and 20 of which are
adults. The 90058 zip code does encompass the majority of the City of Vernon,
however, the zip code also covers residential areas outside of Vernon, in the
City of Los Angeles. These residential units outside of Vernon in the 90058 zip
code are likely resulting in an overcount for the number of developmentally
disabled individuals in Vernon. The Pueblo del Rio public housing development
accounts for some of the residences included in the 90058 zip code, that are
not within the City of Vernon. Because developmental disabilities exist before
adulthood, the first issue in supportive housing for the developmentally
disabled is the transition from the person’s living situation as a child to an
appropriate level of independence as an adult. There is a large discrepancy
with the ACS data which found 11 Vernon residents with disabilities.
Additionally, people with disabilities may have a harder time finding and
keeping employment opportunities. Two of eleven disabled Vernon residents
are employed. This lack of employment among the disabled population means
that Vernon’s disabled residents are largely receiving governmental or familial
support and are on a fixed income.
Resolution No. 2023-20
Page 33 of 167
________________________
..
..
Item 1 Page 36 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 26
Farmworkers
Farmworkers are a particular concern in California due to their limited income
and often unstable nature of their employment. Vernon is a fully developed,
urbanized community in the midst of a major metropolitan area; the nearest
agricultural lands are at least fifty miles away. According to 2014-2018 ACS 5-
Year data there are no farmworkers living in Vernon.
Large Family
According to 2015-2019 ACS 5-year data, the average household size in the
City of Vernon is 3.02 people. Compared to the same data for Los Angeles
County, the average household size is fairly similar at 2.99 people per
household. The same data for Vernon found that the majority of units feature
one occupant per room. No household in Vernon experiences overcrowding.
According to HCD’s definition, large family is often thought of as households
with five or more people. No household in Vernon features five or more people.
The most prevalent household sizes in Vernon are one and two person
households.
According to 2015-2019 ACS 5-year data, two-bedroom units represent the
highest share of the housing stock (29 units), three-bedroom units are the
second highest share (11 units), and one-bedroom units are the third highest
share (4 units). There are no four- or five-bedroom units in the City of Vernon.
This ACS data undercounts the number of units in the City of Vernon. This is
likely due to the recent development of the Vernon Village Park Apartments
which accounts for 45 of the City’s 76 housing units. The Vernon Village Park
Apartments includes three-bedroom units for large families, as well as one- and
two-bedroom units.
Female Headed Household
Female-headed households have special housing needs and may have more
difficulty finding decent and affordable housing. Limited incomes and time
dedicated to both employment and family responsibilities create a special need
for low-cost and low-maintenance housing for all female-headed households.
Female-headed households with children can have particularly acute housing
difficulties as women generally earn lower incomes than men. A lower income
combined with the cost of childcare often leaves little remaining income for
housing costs. Therefore, addressing the housing needs of female -headed
households is important.
According to 2015-2019 ACS 5-Year data, there are 21 female headed
households in Vernon. This means that approximately 48.8% of households in
Vernon are female headed households. Eleven of these 21 households feature
children under the age of 18.
Resolution No. 2023-20
Page 34 of 167
________________________
..
..
Item 1 Page 37 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 27
There is no poverty data available for the City of Vernon, therefore it is unknown
how many of these female headed households live under the poverty line.
However, it is likely that female headed households in Vernon experience
poverty at higher rates than other populations in Vernon and are in need of
affordable housing that is large enough to house their family. Female headed
households have the exact same costs as other families; however, they typically
only have the support of one parent’s income. The costs of childcare alone can
almost fully deplete one parent’s salary, leaving little room for other essentials
such as social service needs, recreation programs, food, clothing, health care,
housing, and more.
Seniors
Seniors are defined as residents who are 65 years or older. Persons over the
age of 65 are considered a special needs group due to four main concerns:
• Income: persons over 65 are more likely to be retired and living on a
fixed income.
• Health Care: elderly persons have a higher rate of illness, making
health care more important.
• Transportation: many elderly persons use public transportation; and
• Isolation: many elderly persons are isolated from family members,
friends, and services.
Seniors will constitute an ever-increasing proportion of this nation's population
in future years according to demographers.
According to the City’s information from 2021 regarding the demographics of
residents in their City-owned housing, there are 12 residents who are 65 years
or older. Five of these 12 residents live alone. Unfortunately, data is not
available regarding residents of the Vernon Village Park Apartments, therefore,
it is unknown how many more seniors reside in Vernon at this time.
While some of Vernon’s seniors may live on fixed or low incomes, the City rents
the City-owned housing to these seniors at affordable rates that are within their
ability to afford.
Resolution No. 2023-20
Page 35 of 167
________________________
..
..
Item 1 Page 38 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 28
Homeless
The City of Vernon is located within Service Planning Area (SPA) 7, a
geographic region within the County of Los Angeles which allows the
Department of Public Health to develop and provide targeted public health,
clinical, and mental health services to the residents of each SPA. SPA 7
includes Vernon and surrounding cities such as Bell, Commerce, Downey,
South Gate, and more. The City of Vernon was included in the SPA 7 homeless
count that was undertaken in 2020 by the Los Angeles Homeless Services
Authority (LAHSA). This 2020 survey for SPA 7 identified 955 homeless
persons living in shelters and 3,631 unsheltered homeless persons for a total
of 4,586 homeless persons.
According to the LAHSA 2022 Homeless Count, there are 9 homeless people
living in the City of Vernon. Of this total, all 9 homeless individuals are
unsheltered. Five individuals are unsheltered on the street, 1 individual is
unsheltered in a tent, and 3 individuals are unsheltered in cars or vans.
In accordance with State law, this Housing Element targets the Santa Fe North
zone for the development of emergency shelters to address the homeless
population in Vernon. The opportunities that exist within this zone to develop
emergency shelters far exceed the actual homeless population in Vernon.
Additionally, a large number of facilities for homeless individuals and families
are located within a five-mile radius of the City. For example, the Salvation Army
Shelter in the city of Bell is a regional emergency shelter offering emergency
and transitional housing for up to 500 homeless adults. In addition to a place
to stay, the Bell Shelter provides case management; substance abuse
rehabilitation; individual and group therapy/counseling; on-site health care,
medical referrals and HIV/AIDS education; job training; on-site adult education
classes and life skills classes.
Single Room Occupancy
Housing types that may accommodate the needs of extremely low-income
households include transitional and supportive housing, single room
occupancy units (SRO’s), multi-family rental housing, factory-built housing,
workforce housing and mobile homes.
The City of Vernon does not presently permit SROs. The Westside Mixed Use
District Zoning Amendment (Program #8) will allow such units to be
established in residential mixed-use districts along Santa Fe Avenue, which is
where the greatest number of these buildings exist in Vernon.
Resolution No. 2023-20
Page 36 of 167
________________________
..
..
Item 1 Page 39 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 29
Assisted housing units at risk of conversion in next 10 years
The only assisted housing units within the City are the 45 units that belong to
the Vernon Village Park Apartments. This affordable complex opened in 2015
and will not be at risk of conversion within the next 10 years, as these units are
covenanted until 2070.
Projected Need (RHNA)
The Regional Housing Needs Allocation (RHNA) is mandated by State Housing
Element law. The RHNA process determines the amount of housing growth
each county and city must plan for in the 2021-2019 sixth cycle Housing
Element. The RHNA process ensures that each jurisdiction accepts its fair
share of future housing needs, not only in the City but in the region. The regional
housing needs are the number of units that must be built in each jurisdiction to
accommodate for the forecasted population growth over the next eight years.
The RHNA process is managed by the California Department of Housing and
Community Development (HCD) which determines the projected statewide
housing need and growth over the next eight years. These growth projections
are passed down to regional councils of government, such as the Southern
California Association of Governments (SCAG) in Vernon’s case. SCAG
develops an allocation methodology which determines each city’s RHNA
number, broken down across four income levels.
HCD allocated 1.34 million new housing units to the SCAG region, the largest
allocation the region has ever received. Due to the City of Vernon’s industrial
character, the City’s allocation remains small, at nine units spread across four
income levels. This allocation means that the City of Vernon must plan for a
minimum of nine new units over the next eight years; however, it does not mean
that the City must ensure the construction of these new units.
Resolution No. 2023-20
Page 37 of 167
________________________
..
..
Item 1 Page 40 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 30
Figure A-1.
Source: Southern California Association of Governments.
Due to the absence of Census data on extremely low-income households in
Vernon, it is presumed that 50% of the regional housing needs allocation for
very-low-income households qualify as extremely low-income households. This
means that the City’s projected extremely low-income housing need is three
units.
6th Cycle Regional Housing Needs Allocation for Vernon
Income Level Units
Very-Low Income (<50% of AMI) 5
Low Income (50-80% of AMI) 4
Moderate Income (80-120% of AMI) 0
Above Moderate Income (>120% of AMI) 0
Total 9
Resolution No. 2023-20
Page 38 of 167
________________________
..
..
Item 1 Page 41 of 171
Appendix A: Housing Needs
Housing Element 2021 – 2029 | City of Vernon - 31
Resolution No. 2023-20
Page 39 of 167
________________________
..
..
Item 1 Page 42 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 32
Appendix B: Constraints to Future Housing
Development
Constraints to Future Housing Development
Meeting the housing needs for the City over the next eight years and beyond is
not simple given the built-out nature of Vernon and the surrounding region. This
Appendix identifies constraints to developing new housing, pursuant to the
State Government Code Section 65583(a). Constraints are classified into two
categories: a) governmental constraints, over which the City of Vernon has
significant authority, and b) non-governmental constraints, which are more
difficult for the City to address.
The governmental constraints addressed in this appendix are:
• Existing zoning and land use controls
• Site plan review and processing times
• Off-site improvements
• Processing fees
The non-governmental constraints addressed are:
• Land availability and cost
• Housing prices
• Construction costs
• Financing
• Environmental conditions
The appendix then concludes with an in-depth examination of environmental
constraints. The analysis developed below directly informs the housing
programs recommended in this Housing Element.
Historically, housing growth has been virtually nonexistent in Vernon due to City
policy that has discouraged, and in 2007 precluded, the development of any
new residential units. For many years, due to Vernon’s industrial nature, City
policymakers determined that housing would not be a compatible land use in
the City. However, as part of the City’s good governance reform initiative, City
leaders have agreed to establish a way to allow for a very limited amount of new
housing. Today, Vernon is making a major shift towards the development of new
housing in the City with the Westside Mixed Use District Zoning Amendment.
Resolution No. 2023-20
Page 40 of 167
________________________
..
..
Item 1 Page 43 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 33
The City’s new prioritization of housing will result in the removal of most of the
major governmental constraints to housing development.
Existing Zoning and Land Use Controls
The Vernon Zoning Code and Zoning Map are the primary implementation
ordinances of the Land Use Element. The zoning map and ordinance identify
the specific land uses allowed in the City and establishes regulations and
standards for use and development. The entirety of Vernon is zoned industrial,
but seven overlay zones provide additional flexibility: Commercial-1,
Commercial-2, Emergency Shelter, Housing, Rendering, Slaughtering, and
Truck and Freight Terminal overlay zone.
The only zone which allows residential uses is the Housing Overlay which is
currently restricted to a small rectangular area in the Southeast corner of the
City. Residential uses (including single-family, multi-family, supportive,
transitional, and more) are permitted within the Housing Overlay zone;
however, a development agreement is required as no residential uses are
permitted by-right in the City. The purpose of the Housing Overlay is to
accommodate housing at limited and specific areas of the City pursuant to
General Plan policy, and to locate such housing in a manner that minimizes
potential conflicts between residential and industrial uses.
Development standards and site planning standards are determined during the
process of a project obtaining a development agreement. As part of the
development agreement, the City may impose requirements that protect
occupants from environmental contaminants and risk factors, such as traffic,
air pollutants, noise, odor, dust, and more. While there are no standardized
development standards or site planning standards, the r ecent Vernon Village
Park Apartments project can be analyzed as a typical development in the City
of Vernon. The Vernon Village Apartment consists of 45 affordable rental units.
The 45 units create an apartment community, consisting of multiple separate
two-story structures surrounding two courtyards, instead of one single
structure. The two parking lots for the complex are set on either side of the
development, consisting of no structured or underground parking. The entire
site, including both parking lots, is about 2 acres. The density of the project is
approximately 22 dwelling units per acre. The development features 75 surface
parking spaces which is about 1.6 parking spaces per unit for a complex that
features 1-, 2-, and 3-bedroom units. Additionally, according to Vernon
Municipal Code Section 17.56.060, parking requirements for residential uses
are determined pursuant to a Development Agreement. However, no less than
one parking space must be provided per unit. For new building construction,
6% of required parking spaces, rounded up to the nearest whole number, shall
be equipped with a Level 2 or higher EV charger.
Resolution No. 2023-20
Page 41 of 167
________________________
..
..
Item 1 Page 44 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 34
Of note, the majority of residential units currently existing in the City are not
covered by the Housing Overlay, but instead are zoned indu strial. Program 10
of this Element describes the City’s intention to change the zoning of parcels
with residential units from industrial to residential within the 6th cycle planning
period. The Westside Mixed Use District Zoning Amendment, Program 8 of the
Element, describes the ways in which more areas in Vernon will be rezoned to
permit residential uses. Both programs will establish by-right processes for the
development of housing.
The City’s land use controls for residential development do impact timing,
supply, and the certainty that developers have in the approval of their projects.
The current land controls were established with the intention of securing only
industrial development in the City of Vernon. The Westside Mixed Use District
Zoning Amendment proposes by-right residential development in well suited
areas, greatly reducing the constraints caused by the City’s current land use
controls for residential development.
Westside Mixed Use District Zoning Amendment
The City is currently in the midst of preparing a Mixed-Use District Zoning
Amendment for the Westside of the City. This Zoning Amendment has three
goals:
• Increase the residential population in order to increase
access to proportionally allocated Federal and State
funding, to strengthen the City’s governance by providing
more voters and candidates for elected office, and to help
meet regional housing needs.
• Diversify and reorient the Westside’s land uses to take
advantage of changes in the economic landscape of
Southern California.
• Increase amenities available to local residents and
workers.
In order to pursue these three goals, the Zoning Amendment will strongly
encourage the development of new construction and adaptive reuse residential
projects within defined areas within the boundary. The proposed boundaries of
new zoning districts are shown in Figure B-1. While not infringing upon current
and future uses presently allowed, development standards and procedures will
allow additionally allow multifamily residential development of 3-7 stories by
right, in areas of typified by smaller properties that are not economically
suitable for new logistics uses which would be the greatest competition to
residential from a land cost perspective. The Zoning Amendment will develop
four new mixed-use zones along Santa Fe Avenue, the Mixed Use – City Center
(MU - CC) zone, the Mixed Use – Santa Fe South (MU - S) zone, the Mixed-Use
- Santa Fe North (MU-N) zone, and the Mixed Use – Pacific Hampton (MU -
Resolution No. 2023-20
Page 42 of 167
________________________
..
..
Item 1 Page 45 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 35
PH) zone. Three of these four new mixed-use zones (excluding the MU-PH
zone) will permit multifamily housing and will set development standards for
new multifamily housing within the zones.
Figure B-1.
These mixed-use zones are intended to accommodate and facilitate
development of mixed-use projects, with residential, of at least 50 dwelling
units per acre. Currently proposed zoning standards allow heights of five to
unlimited stories, depending on the zoning district, with a required step-down
to three to four stories height along Santa Fe Avenue (with the exception of
projects which preserve a legacy industrial structure, which qualify for
additional incentives, and projects on small sites which may be granted
incentives subject to Program 20 (Small Site Development Facilitation and Lot
Consolidation). There is no direct density or FAR limit.
Resolution No. 2023-20
Page 43 of 167
________________________
..
..
Item 1 Page 46 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 36
Figure B-2 shows the primary proposed development standard controls for the
Mixed Use – Santa Fe South (MU-S) zone, the most restrictive residential zone
proposed. A prototypical development built up to the maximum 3-5 story
heights on the demonstrated 0.46-acre site would generate 49 units at an
average of 1,150 sf GBA/unit. This translates to a density of 106 dwelling units
per acre. Retail and live/work uses would be located on the ground floor, and
parking (55 spaces) would be located on the ground level and in one half of one
subterranean level.
Figure B-2.
A second development test illustrating development possibilities without
subterranean parking shows a three-story development with more abundant
open space; with 30 parking spaces, the development can accommodate 24
residential units (52 dwelling units per acre) and approximately 3,500 square
feet of ground-floor retail space. Therefore, we are confident that new
construction development can be built at a minimum density of 50 dwelling
units per acre.
Figure B-3.
Resolution No. 2023-20
Page 44 of 167
________________________
..
..
Item 1 Page 47 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 37
Standards requiring 100 square feet of nonresidential space per residential
unit and a 20-50% of the ground-floor Santa Fe Avenue frontage to be
nonresidential uses are not a constraint for development. A review of recent
residential developments in the Arts District shows that all contained
nonresidential uses, in many cases comprising 25%-75% of the overall square
footage of the project. It is often these nonresidential uses, which can include
artist studios and other working spaces serving the residents of the building,
which give projects their identity and enhance residential unit marketing.
Indeed, developers have conveyed to the City that because there is a current
lack of amenities in the area, commercial uses are important to establish the
viability of projects.
Resolution No. 2023-20
Page 45 of 167
________________________
..
..
Item 1 Page 48 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 38
Site Plan Review, Processing Times, and Related Programs
New single family and multi-family housing are currently only permitted within
the Housing Overlay zone. For any residential use within the Housing Overlay
zone, the approved Development Agreement specific to that residential use
shall define the development standards and site planning standards that apply
to all buildings, ancillary structures, land, and uses associated with that
residential use. Where the approved Development Agreement is silent with
regard to any development standard or site planning standard required by this
title, the provisions of the underlying zone shall apply. The Development
Agreement must be improved by Council and Council may impose any
requirements they deem necessary to protect occupants from negative health
impacts.
The City Council is the approval body for any proposed residential development
and related Development Agreement. The Council is required to conduct one
public hearing and must make a series of findings regarding the development’s
compatibility with the City’s vision and standards.
The average processing time for a Development Agreement is one year.
Renovation applications are put in by the City itself (for City owned properties);
for privately-owned housing renovations, the processing time is 1-2 weeks. The
City’s requirements for a Development Agreement for residential development
does impact timing, supply, and the certainty that developers have in the
approval of their projects. The current processing procedure was established
with the intention of securing only industrial development in the City of Vernon.
The Westside Mixed Use District Zoning Amendment proposes by-right
residential development in well suited areas, greatly reducing the constraints
caused by the current processing procedure for residential development.
In order to address these constraints and increase the residential population of
the City, the following programs have been included within this Element. The
Westside Mixed Use District Zoning Amendment (Program 8) will permit
multifamily housing by-right, resulting in much quicker processing times. Most
projects will be subject to Design Review; however, Design Review will be
conducted at the staff level as a ministerial process and without requirement
of public hearing. Design review will be based on a limited set of objective
standards in the Municipal Code. Additionally, projects which achieve a higher
level of design (compliance with optional guidelines such as preserving
elements of legacy industrial structures onsite) can access height bonuses,
giving additional flexibility. Therefore, it is assumed that processing times will
still be quick. Additionally, the Medium-Density Residential Zoning Program
(Program 10) includes adopting a zoning designation to make all existing
housing conforming, as most housing in Vernon currently is non-conforming. In
addition, the Medium-Density Residential Zoning Program will allow a few units
Resolution No. 2023-20
Page 46 of 167
________________________
..
..
Item 1 Page 49 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 39
to be built per property. In most cases, the new residential zoning capacity of
the housing sites will be larger than the number of existing residential units on
the sites. The program will also permit manufactured housing in the same areas
as other types of housing.
The typical single-family project in Vernon would be a renovation or addition to
an existing home. As described above, such projects typically take 1-2 weeks
to process, without public hearings. New single-family home projects will be
permitted without need to rezone through the Medium-Density Residential
Zoning Program (Program 10).
A new construction multi-family housing project would undergo Design Review
by staff, based on objective design standards located in the municipal code,
before extending a planning permit to the project. Projects are anticipated to
take 2-4 weeks to provide a list of comments back to the applicant, enabling
compliance with timelines established by PRC 21080.1 and 21080.2 No public
hearings would be required, and approval certainty is not affected. Cost
impacts would be minimal. Such projects would not be subject to CEQA.
An adaptive reuse multi-family housing project would undergo Design Review
by staff based on objective design standards located in the municipal code as
well as guidelines for the preservation of historic structures. Height bonuses
would be given as a result of compliance with these preservation guidelines
(there is no density limit, so there is no need for a density bonus). No public
hearings would be required, and approval certainty is not affected. Cost
impacts would be minimal and offset by increased number of units. Such
projects would not be subject to CEQA. Only very large residential projects
(greater than 100 units) or projects which request variances or zone changes
would be subject to discretionary approval by City Council and CEQA analysis.
Very large projects in the City are aptly restricted due to the fact that the
residents of such projects could immediately form a majority of the voting
populace of the City, posing challenges for stable and impartial governance.
The City in general prides itself on excellent customer service to businesses,
including developers, and provides short turnaround times on permit
applications (which are almost entirely industrial in nature currently).
Application completeness and CEQA applicability are typically established
within 30 days, and permits are extended to compliant projects in less than 60
days. The Public Works Director is the person responsible for determining
application completeness and CEQA exemptions and will ensure compliance
with PRC 21080.1 and 21080.2.
Through the Accessory Dwelling Unit Ordinance (Program 11) the City will
develop and adopt an ADU ordinance within the sixth cycle planning period.
Resolution No. 2023-20
Page 47 of 167
________________________
..
..
Item 1 Page 50 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 40
The ADU ordinance will be in conformance with State law and encourage
accessory dwelling unit construction.
Renovation, Restoration, Maintenance, and Repair
The City will continue to permit the renovation, restoration, maintenance, and
repair of existing residential uses. Residential rehabilitation projects are
permitted in Vernon, and the rehabilitation is a “Minor Alteration or Repair,” as
defined in the Zoning Code (less than 50 percent of the fair market value of the
buildings on the lot). As a practical matter, the expansive definition of “Minor
Alteration or Repair” and lack of development standards result in limited
governmental constraints (other than complying with the building code) that
would prevent a homeowner from upgrading or improving a residence within
the existing square footage.
If the hard costs of improvements equal or exceed, over a three- year period,
50 percent of the then-current fair market value of the building, then the
improvement, if voluntary, will be defined as a “Major Alteration or Repair” and
terminate the legal nonconforming status of the residence. A Major Alteration
or Repair is considered to be the functional equivalent of a tear-down and re-
build, which the City does not currently permit. However, if the Major Alteration
or Repair is necessitated by a natural disaster, such as an earthquake or fire,
or other force majeure, the owner does have the right to rebuild the residence
up to the square footage of the original residence. At that time, the
development standards for the home would be developed. The City has not
developed those criteria at this time since there are only forty-eight private
residences in Vernon. Forty-five of these private residences belong to Vernon
Village Park Apartments, an affordable housing development that was opened
in 2015, and whose development standards are governed by the development
agreement.
The Major Alteration provision does not constrain the maintenance of the
existing housing stock, as property owners are permitted to undertake a broad
array of improvements that extend the life of residential structures and improve
unit conditions. Under State law, any and all such improvements can be
pursued consistent with Health & Safety Code Section 17922(d) and Section
17958.8 relating to the alteration and repair of existing buildings. This section
discusses the use of original materials and methods for the repair,
replacement, or extension as long as it meets Building Code standards. The
Zoning Code had no provisions or limitations on the construction materials
utilized. Section 17958.8 is similar, as it is addresses the use of original
construction materials and methods. Nothing in the Zoning Code or Building
Code prohibits the use of original materials and methods, with the exception of
an unreinforced masonry structure, which would have to be seismically
Resolution No. 2023-20
Page 48 of 167
________________________
..
..
Item 1 Page 51 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 41
retrofitted. As no residential units in Vernon are constructed of unreinforced
masonry, this does not affect any housing units.
The City of Vernon has recently renovated 24 of their 26 City-owned units. The
remaining two units, though they are in good, habitable condition, will be
renovated if needed over the next eight-year planning period. All private
residential units in the City are in good condition, with no units requiring a major
alteration during the planning period. The Vernon Village affordable project
opened in 2015 and therefore will not require renovation for many years, past
the 6th cycle planning period.
No private residential property owners have proposed major renovations to
their properties. Residential property owners participated in the 5th Cycle
Zoning Ordinance revision process, and none expressed opposition to the
standards that apply to existing, nonconforming residential structures in the
City, including the prohibitions on increasing square footage and undertaking
major alterations. All residences – whether owned by the City or others – are
in good condition, according to City staff. As described above, residential
rehabilitation that constitutes a minor alteration (costing, over a three-year
period, less than 50 percent of the market value of the building) is permitted.
Because minor alterations are permitted and existing standards will allow
renovations of these units, the limit on major alterations is not considered an
impact to the maintenance and improvement of the City’s housing stock. The
Zoning Code has been revised to remove restrictions on major alterations as
needed through the implementation of reasonable accommodation
procedures.
It is the City’s intent to encourage and actively participate in the rehabilitation
of existing residential units. The process is straightforward and not
burdensome; there is no entitlement process required for rehabilitation
projects. Residential rehabilitation projects that are Minor Alterations or
Repairs and do not exceed the existing square footage require only a building
permit. The building permit process timeframe depends on the complexity of
the renovation. Complex renovations involving new electrical systems,
plumbing, etc. can take up to three weeks to process. The City has no intention
of removing any of the 74 units in the City, as all units are in good condition.
The City will continue Program 1, Maintenance of City-Owned Residences,
throughout the sixth cycle.
Building Code Amendments
The City has adopted the 2019 California Building Code with some minor local
amendments related primarily to industrial buildings in the City. Per State
Resolution No. 2023-20
Page 49 of 167
________________________
..
..
Item 1 Page 52 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 42
Health and Safety Code Sections 17958.5 and 17958.7, the City made
required findings and filed such findings with the California Building Standards
Commission. The amendments include administrative processes such as the
establishment of City permit fees and appeals boards, as well as requirements
specific to hazardous and industrial uses such as fire access roads, spray
booths, and storage of explosive and flammable materials. Vernon has also
made additional amendments to protect the safety of workers and residents
within the City. Specifically, the City requires all wiring to be in a metallic
conduit, to protect workers and residents from hazards of accidentally driving
a nail or screw through wiring. There is a marginal cost increase associated with
this precaution, but the benefit associated with safer installation outweighs the
cost. The price for a 2 inch by 10-inch metallic conduit is $43.33 while the cost
for the same PVC conduit is $25.65.
The City has also made amendments to require Class A and B roofing material,
which is more fire resistive and can stop the potential spread of fire. While this
type of roofing material may be more expensive than some standard materials,
this amendment is necessary to prevent and quickly extinguish fires that may
have far more costly impacts. As such, no restrictions or amendments have
been adopted in the Building Code that would constrain housing in the City.
Permit and Infrastructure Fees
The City’s complete fee schedule, including building and engineering fees, is
available on the City’s website for public review. The City assesses various fees
to cover the costs of permit processing (Figure B-4). Most of the fees charged
are flat fees based on the cost of services, or tiered fees based on the size and
cost of the improvement. Fees charged are comparable to surrounding
communities in Los Angeles County, and as such, do not pose a constraint to
housing renovation. Owners intending to renovate or improve existing
residential units are required to obtain a building permit for a minor alteration.
The fee, which is reviewed annually, is based on the cost of the improvement.
The City of Vernon does not currently levy impact fees on new development.
Resolution No. 2023-20
Page 50 of 167
________________________
..
..
Item 1 Page 53 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 43
Figure B-4.
Source: City of Vernon General Fee Schedule, Effective July 1, 2021.
Resolution No. 2023-20
Page 51 of 167
________________________
..
..
Item 1 Page 54 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 44
Code Enforcement
The Vernon Department of Public Works is responsible for code enforcement
and the maintenance and upkeep of all City-owned units. Enforcement of
building code standards does not constrain the improvement of housing in
Vernon but instead serves to maintain or improve the condition of the limited,
existing housing stock.
Of the 74 units in the City, 48 units are not owned by the City. Forty-five of
those 48 units are part of the Vernon Village Park Apartments affordable
development completed in 2015. Due to the recent completion of this project,
it does not require improvement. City staff has investigated the remaining three
private units and determined that none of these units require significant
rehabilitation. At this time, an active code enforcement program is
unwarranted due to the limited number of older privately owned units and the
fact all units are currently in good condition and continue to be well maintained
by the owners. However, in the future the City will need active code
enforcement due to a desired increase of new housing units which are privately
owned. Program 2 in this 6th Cycle Housing Element addresses the City’s
future need for code enforcement. The City encourages active maintenance of
the housing stock, as evidenced by the extensive rehabilitation the City has
undertaken on those housing units that it owns. Currently, Community Services
Staff is active in the community, and will respond to any visible code
enforcement violations or complaints that may require rehabilitation of units.
Property owners are permitted and encouraged to perform proper upkeep and
maintenance, which can include renovations, as long as the existing square
footage is not exceeded and the cost of the renovation, over a three-year
period, does not exceed 50 percent of the market value of buildings on the lot.
For all practical purposes, all other controls, permit processes, and fees do not
constrain the maintenance and preservation of the City’s housing stock. The
City’s Vernon Code Enforcement Program (Program 2) will continue throughout
the sixth cycle.
On/Offsite Improvement Standards
The City’s subdivision code conforms to the Subdivision Map Act (contained in
Division 2 of Title 7 of the Government Code of the State of California ) as well
as typical subdivision practices. According to the City of Vernon’s General Plan,
local street widths are required to have a 60 to 65 feet wide right of way in
addition to a pavement width of 42 to 49 feet. These General Plan standards
are for the benefit of industrial trucking facilities in Vernon. The Housing
Overlay zone allows variation from these typical City standards, as
requirements for industrial trucking facilities are not the same as requirements
Resolution No. 2023-20
Page 52 of 167
________________________
..
..
Item 1 Page 55 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 45
for residential projects. Recent development in Vernon as well as future
development in Vernon have been mu lti-family residential developments.
Vernon does not anticipate new residential subdivisions as the City is already
built out with mainly industrial uses.
The most expensive on/off improvements are for subdivisions. Unlike
subdivisions, new residential projects in Vernon will not require large amounts
of site improvements. It is typical that the costliest and most common site
improvement is grading, however, the City of Vernon is leveled and does not
require grading for the most part. The most common site improvement today in
general is widening of industrial driveways in compliance with the City of
Vernon Municipal Code and the State of California Fire Code. The City requires
large driveways and truck loading spaces in industrial area, for industrial
projects. However, residential projects are not subjected to these driveway and
loading space standards. The Westside Mixed Use District Zoning Amendment
includes a provision eliminating these driveway and loading space standards
on residential uses within the plan area.
The City’s Municipal Code also requires properties to treat stormwater per low-
impact development requirements.
Additionally, the City’s Public Works Department requires new signal light
improvements from very large projects. It is unlikely that many residential
projects will be large enough to trigger a signal light improvement. Should a
residential project appear large enough, a traffic study would be required to
determine whether a signal light improvement is necessary.
Additionally, through Program 17 the City will create standards for street
widths within residential subdivisions and establish additional standards for on
and off-site improvements, as deemed necessary through a review of the
municipal code.
SB 35 Processing Procedure
Senate Bill (SB) 35 requires cities and counties to streamline review and
approval of eligible affordable housing projects by providing a written process
for ministerial approval, exempting qualifying projects from CEQA review. The
City clarifies that there is currently no CEQA requirement for projects as
projects are not required to go to a public body for approval. SB 35 can be
utilized in a City when the State determines the City has made insufficient
process towards their lower-income RHNA. In Cities where the State has made
this determination SB 35 allows for streamlined ministerial approval of
proposed developments with at least 50% affordability. If the City is also
determined to have made insufficient progress towards their moderate-income
Resolution No. 2023-20
Page 53 of 167
________________________
..
..
Item 1 Page 56 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 46
RHNA, the City is subject to the more inclusive streamlining for developments
with at least 10% affordability.
The City of Vernon is subject to SB 35 streamlining at this time, specifically the
more inclusive streamlining for developments with at least 10% affordability.
As of October 2021, the City has not received applications to streamline . This
lack of applications to streamline is likely due to the lack of residential zoning
within the City in addition to developer preference for industrial development
in Vernon. Within this Housing Element (Program 17), the City of Vernon
commits to creating a SB 35 checklist and written procedure for processing SB
35 applications. Additionally, the City will make more information available to
developers of eligible projects.
Constraints to Housing for Persons with Disabilities
Housing element law requires an analysis of government constraints to the
development of housing for people with disabilities. People with disabilities
have specific housing needs related to accessibility of dwelling units; access to
transportation; employment, and commercial services; and alternative living
arrangements that include on-site or nearby supportive services.
Building Codes
The City has adopted the 2019 California Building Code. Standards within the
Code of the City of Vernon (through the adoption of the California Building
Code) include provisions to ensure accessibility for persons with disabilities.
These standards are consistent with the Americans with Disabilities Act (ADA).
No local amendments that would constrain accessibility or increase the cost of
housing for persons with disabilities have been adopted, except that the Zoning
Code does not permit the floor area of the residences to be increased or permit
any major alterations that equal or exceed 50 percent of the current fair market
value of the buildings on the lot.
Universal Design Element
The City of Vernon has not adopted a universal design ordinance governing
construction or modification of homes using design principles that allow
individuals to remain in those homes as their physical needs and capabilities
change.
Definition of Family
Resolution No. 2023-20
Page 54 of 167
________________________
..
..
Item 1 Page 57 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 47
Sometimes, a city’s definition of “family” can limit access to housing fo r
persons with disabilities when the word is narrowly defined. This can illegally
limit the use of housing as group homes for persons with disabilities, but not
limit housing for families. The Vernon Municipal Code does not define family,
and therefore is nondiscriminatory in its application.
Reasonable Accommodation
The Fair Housing Act, as amended in 1988, requires that cities and counties
provide reasonable accommodation to rules, policies, practices, and
procedures where such accommodation may be necessary to afford individuals
with disabilities equal housing opportunities. While fair housing laws intend that
all people have equal access to housing, the law also recognizes that people
with disabilities may need extra tools to achieve equality. Reasonable
accommodation is one of the tools intended to further housing opportunities
for people with disabilities. Reasonable accommodation provides a means of
requesting from the local government flexibility in the application of land use
and zoning and building regulations or, in some instances, even a waiver of
certain restrictions or requirements because it is necessary to achieve equal
access to housing. Cities and counties are required to consider requests for
accommodations related to housing for people with disabilities, and to provide
the accommodation when it is determined to be “reasonable” based on fair
housing laws and the case law interpreting the statutes.
State law allows for a statutorily based four-part analysis to be used in
evaluating requests for reasonable accommodation related to land use and
zoning matters and can be incorporated into a reasonable accommodation
ordinance or procedures. This analysis gives great weight to furthering the
housing needs of people with disabilities and also considers the impact or
effect of providing the requested accommodation on the City and its overall
zoning scheme. Developers and providers of housing for people with disabilities
must be ready to address each element of the following four-part analysis:
• The housing that is the subject of the request for reasonable
accommodation is for people with disabilities as defined in
federal or state fair housing laws;
• The reasonable accommodation requested is necessary to
make specific housing available to people with disabilities who
are protected under fair housing laws;
• The requested accommodation will not impose an undue
financial or administrative burden on the local government;
• The requested accommodation will not result in a fundamental
alteration in the local zoning ordinance.
Resolution No. 2023-20
Page 55 of 167
________________________
..
..
Item 1 Page 58 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 48
The City abides by the Fair Housing Act and has instituted a clearly defined
process for making requests for reasonable accommodation to provide
exceptions in zoning, land-use, permitting processes, and building codes. The
City has developed reasonable accommodation procedures and will provide
information on the procedures on the City’s website (Housing Element Program
4). Additionally, during the 6th cycle the City will add the reasonable
accommodation procedures to the Municipal code.
The State has removed any City discretion for review of small group homes for
persons with disabilities (six or fewer residents). Group homes will be permitted
in specific zones through the Westside Mixed Use District Zoning Amendment.
The City does not impose additional zoning, building code, or permitting
procedures other than those allowed by State law.
The City does not impose special permit procedures or requirements that could
impede the retrofitting of homes for accessibility. A retrofit would be permitted
as a minor alteration (requiring a building permit), as long as the cost of the
retrofit was less than 50 percent of the market value of the buildings. The City’s
requirements for building permits are standard, straightforward, and not
burdensome. No CUP or other special permitting requirements are required for
retrofitting homes for accessibility.
The City’s adopted reasonable accommodation procedures are ministerial and
include, but not be limited to, identifying who may request a reasonable
accommodation (i.e., persons with disabilities, family-members, landlords,
etc.), timeframes for decision-making, and provision for relief from the various
land-use, zoning, or building regulations that may constrain the housing for
persons of disabilities. The procedure also includes consideration of allowing
an increase in habitable floor area of an existing residence to accommodate
disabled persons.
The City will also explore the feasibility of offering fee reductions for permit
processes that involve retrofitting residences for accessibility purposes.
Information Regarding Accommodation for Zoning, Permit Processing,
and Building Codes
The City provides information to all interested parties regarding
accommodations in zoning, permit processes, and application of building
codes for housing for persons with disabilities.
Zoning and Land Use Policies and Practices
Resolution No. 2023-20
Page 56 of 167
________________________
..
..
Item 1 Page 59 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 49
The City of Vernon has not identified any zoning or other land-use regulatory
practices that could discriminate against persons with disabilities and impede
the availability of such housing for these individuals.
An example of the ways in which the City facilitates housing for persons with
disabilities through its regulatory and permitting processes was in the Vernon
Village housing development which has all ground-floor units fully accessible.
Permit and Processing Procedures
State law requires that residential care facilities with six or fewer residents be
permitted by-right in residential zones. Therefore, the City of Vernon does not
require conditional use permits for the permitting of licensed residential care
facilities with six or fewer residents in the Housing Overlay zone.
Within the sixth planning cycle (Program 17) the City will not require
conditional use permits for the permitting of licensed, residential care facilities
with seven or more residents in the following zones within the Westside Mixed
Use District Zoning Amendment area: MU-CC, MU-S, and MU-N. These
residential care facilities will serve the disabled population in the City. The City
of Vernon does not impose additional zoning, building code, or permitting
procedures other than those allowed by State law. Residential care facilities are
subject to the same zoning, building code, and permitting procedures that all
other housing is subject to in the City. There are no constraints on housing for
persons with disabilities caused or controlled by the City.
The City does not impose special permit procedures or requirements that could
impede the retrofitting of homes for accessibility. The City allows residential
retrofitting to increase the suitability of homes for persons with disabilities in
compliance with accessibility requirements. The process for requesting an
accessibility retrofitting includes a zone clearance approval from the Planning
Division, which takes about two weeks, and a building permit which takes ten
working days. The City’s requirements for building permits and inspections are
the same as for other residential projects and are straightforward and not
burdensome. In addition, the City works with applicants who need special
accommodations in their homes to ensure that application of building code
requirements does not create a constraint.
Efforts to Remove Regulatory Constraints for Persons with Disabilities
State law removed any City discretion for review of small residential care
facilities for persons with disabilities (six or fewer residents) along with
residential care facilities with seven residents or more. The City does not
Resolution No. 2023-20
Page 57 of 167
________________________
..
..
Item 1 Page 60 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 50
impose additional zoning, building code, or permitting procedures other than
those allowed by State law. There are no City initiated constraints on housing
for persons with disabilities caused or controlled by the City. The City also
allows residential retrofitting to increase the suitability of homes for persons
with disabilities in compliance with accessibility requirements.
Non-governmental Constraints to Housing
In Vernon, limited land is available which would be suitable for the development
of housing. The Housing Element inventory identifies two sites as the sites with
the highest potential for residential development. The limited sites available for
residential development are due to serious environmental conditions which
render the majority of sites throughout Vernon unsuitable for residential
development. Environmental factors affecting potential residential
development are related to hazardous materials storage and processing,
background contamination, noxious odors, noise pollution, and truck and
railroad traffic generated by the City’s pervasive industrial land uses.
Inadequate access to residential services is an additional constraint to
residential development in the City.
Resolution No. 2023-20
Page 58 of 167
________________________
..
..
Item 1 Page 61 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 51
Land Cost and Availability
Currently, limited land is available for residential development in Vernon. This
is due to Vernon being a built-out city as well as the zoning constraints on
residential development in the city. However, these zoning constraints should
change with the adoption of the Westside Mixed Use District Zoning
Amendment. The Westside Mixed Use District Zoning Amendment will target
residential development along Santa Fe Avenue.
Westside Stakeholders Advisory Committee members noted that land costs are
currently high (in excess of $100 per square foot) for properties in Vernon
which are appropriate for modern warehousing, distribution and logistics
facilities. These properties are several acres in size, with good truck access to
freeways and arterial roadways. However, an analysis by HR&A Advisors found
that small properties not suitable for these types of uses are trading for an
average of $53 per square foot, which as described below in the “Market
Constraints” section is a suitable land cost to sustain residential development.
Market Constraints
While Vernon has not typically been a desired location for residential uses,
recent years have seen the City be subject of several deve lopment inquiries
seeking to construct new residential development within the City. This is due to
the growing demand for urban housing and live/work units within a creative,
industrial context. Residential development is expanding greatly within
industrial districts of Los Angeles including Frogtown (Elysian Valley), the
industrial area near Chinatown within the Cornfields/Arroyo Seco Specific Plan,
and most importantly for Vernon, the Arts District. In the approximately twenty
years of residential development in the Arts District, development has been
moving toward the south, closer to the boundary of Vernon. Examples of urban
lofts recently constructed/adaptively reused near the Westside Mixed Use
District include:
Resolution No. 2023-20
Page 59 of 167
________________________
..
..
Item 1 Page 62 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 52
Residential Projects in Industrial Areas near Vernon
Address Distance
from
Vernon
(mi)
Status Units Density
(du/ac)
Type of Project
2349 S Santa Fe Avenue 0.08 Constructed 57 40 Adaptive reuse
2650 E Olympic Blvd 0.50 Pending
Approval
2,000 100 New
construction +
adaptive reuse
1024 S Mateo St 1.10 Entitled 106 60 New
construction
1850 Industrial Street 1.45 Constructed 104 80 Adaptive reuse
649 S Santa Fe Avenue 1.45 Constructed 320 170 New
construction
520 Mateo St 1.65 Under
Construction
475 220 New
construction
Figure B-5.
Source: Southern California Association of Governments.
A financial feasibility analysis of the 5201 S Santa Fe site found the following
assumptions: Residential rent at the site would be $3.20 per square foot per
month, residential hard costs would be $225 per square foot, and parking costs
would be $38,000 per space (at/above-grade structured parking).
Based on the same analysis, the development at the site achieves a positive
residual land value ($118 per square foot), arguably exceeding the market
value of the land (estimated $53 per square foot for properties not suitable for
modern warehousing development).
Resolution No. 2023-20
Page 60 of 167
________________________
..
..
Item 1 Page 63 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 53
Density and Timing
A year transpired between the time the Vernon Village Park Apartments were
approved and the time the building permit application was submitted. Over this
year the developer obtained low-income housing tax credits, as the Vernon
Village Park Apartments are an affordable development. The Vernon Village
Park Apartments developed at a density of 22 units per acre, which is below
what is expected in this Element’s Site Inventory. The Vernon Village Park
Apartments are an affordable project, not market rate.
Recently, the City has received two unsolicited proposals from developers for
residential development within the City’s westside. The first development
proposal was for 108 housing units on a 0.8-acre lot for a density of 130 units
per acre. A second development proposal was for 56 units on a 0.38-acre
property for a density of 147 units per acre. Both of these proposed
developments are not currently permitted under the City’s Municipal Code;
however, the Westside Mixed Use District Zoning Amendment proposes to
allow residential development within the westside. Additionally, the market has
shifted significantly, especially in areas within close proximity to the Downtown
Los Angeles Arts District. Regarding lower density development, there have
been no requests to develop residential units at a lower density than allowed in
the past five years.
Based on these unsolicited proposals, there is interest in high density
development in Vernon.
Construction Costs
The cost of building housing in the Los Angeles metro area is high. Hard costs
make up more than 60% of total development costs for your average project.
Hard costs include labor and materials. The hard cost price (per square foot) of
constructing multifamily housing in the State climbed 25% over the decade
from 2008 to 2018. Statewide, the average hard cost per square foot rose by
$45 from $177 in 2008 to $222 in 2018, after adjusting for inflation. This hard
cost increase has been driven by the increased price of labor and certain
building materials, such as wood, plastics, and composites. Between 2010 and
2020, the price of wood, plastics, and composites rose by 110%, after
accounting for inflation; it then subsequently spiked during the pandemic.
Soft costs make up the second largest component of total development costs.
These costs include fees, financing, consulting, tax, title, and insurance. Soft
costs differ from hard costs because soft costs are not involved in physical
construction. Fees in the City of Vernon are discussed in the “Permit and
Infrastructure Fees” section of this Appendix. Financing costs are associated
with obtaining equity and debt, as well as a developer fee. Consulting includes
costs associated with professional services such as architects, engineers,
Resolution No. 2023-20
Page 61 of 167
________________________
..
..
Item 1 Page 64 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 54
plumbers, accounting, legal, and much more. Last, tax, title, and insurance
costs account for the price of liability and builder’s risk, as well as property
taxes.
In California it is common for affordable housing projects to cost more on
average than market-rate or mixed-income developments. Prevailing wage
requirements are associated with the higher cost of building labor. Wages for
construction occupations in California rose by 29% from 2006 to 2018.
As construction costs rise, the rental price of new rental units increases. For
example, a multifamily unit that costs $800,000 to build will require a $4,000
per month rent, without subsidy, in order for the developer to make ends meet.
It is important that construction costs remain as low as possible. Unfortunately,
if construction costs run too high these costs can render housing projects
infeasible.
Financing
Vernon has an extremely low rate of private, market-driven housing. For those
who do want to purchase a home, as of early 2021, interest rates are at historic
lows for mortgage seekers. However, lending criteria remain significantly
stricter than prior to the 2007 housing crisis. With rent burdens high, saving for
a down payment could present the largest barrier to low- and moderate-income
residents becoming homeowners. Commercial lending for residential
development, particularly dense multifamily development, is currently slow as
the long-term effects of the COVID-19 pandemic are unclear.
Environmental Constraints
Given the industrial nature of the jurisdiction, all residential development will
need to contend with environmental concerns that currently affect the City
(further described below). These are issues that adversely affect existing
residents and could affect future residents based on the location of new
housing. In particular, environmental factors affecting potential residential
development can be related to hazardous materials storage and processing, air
quality, odors, noise pollution, and truck and railroad traffic generated by
industrial land uses that are prevalent within the City. Inadequate access to
residential services can be an additional constraint to residential development.
These factors are a consideration as the City looks to opportunities to generate
new housing. Program 22 contains many commitments to address
environmental concerns within the City. Program 22’s commitments will be
explained at the close of this Environmental Constraints section.
Resolution No. 2023-20
Page 62 of 167
________________________
..
..
Item 1 Page 65 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 55
While this data highlights environmental challenges that must be factored into
any future housing land use decisions, it will not preclude the construction of
new residential uses. However, it will require the City to give careful
consideration to environmental conditions when demonstrating site suitability.
Hazardous Materials & Air Quality
Currently, the City experiences a high level of truck traffic, with trucks exiting
the freeways and traveling along local roadways to any number of industrial
facilities within the City. Trucks generate high levels of diesel particulate matter
(DPM). Exposure to DPM is a health hazard, particularly for children whose
lungs are still developing and the elderly who may have other serious health
problems. DPM levels and resultant potential health effects are higher in close
proximity to heavily traveled roadways with substantial truck traffic or near
industrial facilities. In addition to truck traffic, heavy and prolonged industrial
use in Vernon has contributed to existing conditions unhealthy air quality.1
1 The South Coast Air Quality Management District’s (SCAQMD) Multiple Air Toxics Exposure
Study (MATES) is a unique environmental justice program that has spanned more than three
decades and provides a detailed assessment of the impacts of a group of air pollutants
known as “air toxics”, which are pollutants that can cause important health effects. Unlike
the common “criteria air pollutants”, there are no state or federal standards for ambient
concentrations of air toxics. Examples of air toxics include gases, such as benzene and 1,3-
butadiene, as well as particles, such as arsenic and diesel particulate matter. The MATES
program is designed to assess overall long-term trends in air toxics levels in the community.
It has long been recognized that air toxics levels vary across communities, and the MATES
program provides important information to examine these differences.
Resolution No. 2023-20
Page 63 of 167
________________________
..
..
Item 1 Page 66 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 56
Figure B-6. Air Quality Risks.
Source: MATES IV, recommended buffers from AQMD.
• High risk of cancer. Based on the SCAQMD MATES V
database, the estimated risk of cancer is 641 per one
million throughout the City.2 According to the MATES V
Final Report (August 2021), the cancer risk in the South
Coast Air Basin (Basin) region is estimated at
approximately 455 per one million, and 576 per one million
in the neighboring community of Huntington Park. Thus,
the ambient cancer risk in the City of Vernon is higher than
the average risk for the Basin.
• High non-cancer chronic health risks. Along with cancer
risk estimates, MATES V includes information on the
chronic non-cancer health impacts from inhalation and
non-inhalation pathways through the collection of air
toxics at fixed monitoring stations. The nearest monitoring
station to the City is Huntington Park. Located just south
of Vernon, this monitoring station reported the maximum
residential non-cancer chronic hazard index is 5.0. The
Hazard Index (HI) is an indicator of whether non-cancer
2 South Coast Air Quality Management District’s MATES V database,
http://www.aqmd.gov/home/air-quality/air-quality-studies/health-studies/mates-v;
accessed November 2021.
26thSoto
District
StateBandini
AlcoaBoyle46th
at and Sf
Vernon
50th
27th
Leonis
Fruitland
38th
44th
Santa FeSeville55th
25th
A tla n tic
48th
51st
49th
57th
37th
Pacific52nd
54th 710Southern PacificAlamedaWashington
28th
Ross45th
Slauson
Ayers
MalburgExchangeJewelDown
e
y
Maywood1stHamptonCoronaCharter
Gifford2ndDekalbSears
Union Pacific30th
IndianaSierra PineSunolEverettSacoBonnie BeachIrvingChambersat and SfDowneyEverettBandini
52nd
46th
37th
Fruitland
49th
45th
52nd
Washington
50th
Vernon
37th
at and Sf
Southern Pacific 71048th49th
52nd Ayersat and SfJewel Legend
Railyards
Rail lines
updatedhighwaybuffer_Clip
Areas Zoned for Meat Refining
VernonHighways
Buffer Around Highways (500 Feet)
Vernon_City_Roads
Cancer Risk Level
Below City Cancer Risk (< 1,651 chances in one million)
Above City Cancer Risk (>1,651 chances in one million)
Resolution No. 2023-20
Page 64 of 167
________________________
..
..
Item 1 Page 67 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 57
health effects can occur due to chronic exposure to toxic
air contaminants. An HI greater than one does not mean
that such health effects are expected, but rather that the
likelihood of experiencing adverse health effects
increases. Although the likelihood of experiencing an
adverse non-cancer health effect may not scale linearly
with the HI, a larger HI would generally indicate a greater
likelihood of experiencing those health effects in the
exposed population. The non-cancer chronic hazard index
of 5.0 near the City is considered to be a relatively high
hazard index as compared to other locations in the Basin.
• Numerous permitted industrial facilities. According to the
SCAQMD’s Facility Information Detail (FIND) database,3
there are 1,031 regulated facilities required to have air
quality permits. These range from dry cleaners and gas
stations to manufacturing and industrial plants and are a
general indicator of the preponderance of air pollution
sources.
3 https://www.aqmd.gov/nav/FIND/facility-information-detail; accessed November 2021.
Resolution No. 2023-20
Page 65 of 167
________________________
..
..
Item 1 Page 68 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 58
Figure B-7. Soil Contamination Risks.
Sources: Geotracker, Envirostor, Department of Toxic Substances Control, City of Vernon.
• Hazardous material storage tanks. According to the State
Water Resources Control Board 4 , there are 25 leaking
underground storage tank clean-up sites in Vernon.
• Hazardous materials release sites. According to the
California Environmental Protection Agency’s (CalEPA)
Cortese list database, there are three facilities in Vernon
that are identified as hazardous materials release sites by
the Department of Toxic Substance Control. The first is the
Exide Residential/Parkways cleanup site located at 2700
South Indiana Avenue, the second is the facility identified
as Pechiney located at 3200 Fruitland Avenue, and the
third is the facility identified as AAD Distribution and Dry
Cleaning, Inc. located at 2306 E. 38th Street.
• Exposure from Soil Contamination. As a city with a 100-
year-long industrial history, there are numerous sites in
Vernon with soil contamination issues which will need to be
addressed during new development (see Figure B-7).
• Hazardous Material Storage. Within the City,
approximately 570 businesses handle/store hazardous
materials. Thirty-eight of these businesses handle high
levels of extremely dangerous materials regulated by the
State.
• Underground Pipelines. There are numerous underground
pipelines throughout the City, many carrying potentially
explosive materials.
• Railroads. There are approximately 130 miles of railroad
track historically treated with herbicides for weed control.
Rights-of way show patterns of contamination from
spilling, overfilling, or transfer of chemicals.
• Waste Facilities. The City has four California EPA-
permitted hazardous waste treatment, storage and
disposal facilities. There are also ten closed landfill sites.
While many of these environmental conditions represent a higher than average
risk of pollutant exposure for potential residents, there are still opportunities
for diversifying development. The California Air Resources Board (CARB)
recommends avoiding siting sensitive receptors within 500 feet of freeways and
4 California State Water Resources Control Board, Geotracker,
https://geotracker.waterboards.ca.gov/; accessed November 2021.
Resolution No. 2023-20
Page 66 of 167
________________________
..
..
Item 1 Page 69 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 59
1,000 feet of railyards. The City has identified two housing element sites in the
southern portion of the City. These sites are not located within 500 feet of a
freeway, nor 1000 feet of a railyard. As illustrated in Figure B-6, the west side
of the City has lower cancer risk 1) due to a lower concentration of heavy
industrial uses and 2) due to the prevailing wind, which typically travels from
the west to the east. As a result, odors and pollutants are typically carried
across the City to the east.
The City has developed programs to assist in controlling hazardous materials.
One such program is the “right to know” program. All businesses in the City are
required to submit inventories of all hazardous materials used or stored. The
City currently has 571 businesses that handle or store hazardous materials.
Class C businesses with very high maximum daily volumes (2,001 to 1,000,000
pounds) are the most prevalent and are located throughout the City. The risk of
upset from businesses handling such high volumes of chemicals, many of
which are toxic, is a factor that must be considered in land use planning.
Generally, businesses with highly toxic chemicals are further regulated through
the California Accidental Release Prevention Program (CALARP). Such
businesses are required to provide the City’s Environmental Health
Department with a CALARP report detailing how they plan to prevent the
release of such chemicals, as well as presenting a plan for clean-up and
notification if there were an accidental release. Such regulated chemicals
include ammonia and chlorine gas and could impact a large geographic area if
released. In Vernon there are currently has 38 businesses regulated under
CALARP.
Based on review of the Geotracker, Envirostor and DTSC databases, the two
Housing Element sites have not been identified as contaminated sites.5 The
location of the two sites within the Westside of the City situates them furthest
away from the most heavily polluting uses in Vernon. The most heavily polluting
uses in Vernon are located within the City’s rendering overlay zone along t he
Los Angeles River in the northeast portion of the City. However, given the long
industrial history, all developments will have to undergo Phase I Environmental
Site Analyses as part of their environmental clearance process, leading to a
Phase 2 and/or 3 analyses if necessary. Soil remediation measures may be
required.
Noxious Odors
Numerous industries that generate noxious odors operate in Vernon, including
several focused on the slaughtering and rendering of animals. Overlay districts
have been designated in the City’s General Plan and Zoning Ordinance to
isolate the locations of offensive industrial uses responsible for excessive
5 See baseline studies report, Soil Contamination Map.
Resolution No. 2023-20
Page 67 of 167
________________________
..
..
Item 1 Page 70 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 60
noxious odors. These overlay districts include a “Slaughtering Overlay” for uses
which involve the slaughtering of animals, and a “Rendering Overlay” for the
location of rendering facilities. To address these concerns, all newly
constructed buildings, or new uses in existing buildings within the Slaughtering
(S) Overlay Zone and Rendering (R) Overlay Zone are required to compl y with
Development and Performance Standards (Section 26.4.1 -7) and Site
Planning Standards (Section 26.4.1-8). Additionally, the City Council may
impose as a part of the Conditional Use Permit any other requirements as are
necessary to protect nearby owners and occupants from odor and other
environmental concerns. The two Housing Element sites are not located near
or adjacent to these overlay zones. Residential uses are not permitted within
these areas.
Resolution No. 2023-20
Page 68 of 167
________________________
..
..
Item 1 Page 71 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 61
Noise
Noise sources in Vernon include stationary industrial activity, as well as from
trucks, automobiles, and railroad operations. Numerous companies operate
equipment such as large presses and pumps which produce excessive
vibrations and generate noise well beyond the level of acceptability for noise-
sensitive land uses within the vicinity. Arterial roadways in Vernon have a very
high proportion of truck traffic (approximately 30 percent), thereby intensifying
noise levels along the City’s roadways. In addition, four main railroad lines and
a number of switching operations are located in the City, and these generate
significant levels of noise day and night.
Truck and Railroad Traffic
Vernon is traversed by approximately 130 miles of railroad tracks, with
approximately 96 at-grade and seven grade- separated railroad crossings. As
previously mentioned, truck traffic is extremely heavy, comprising nearly one-
third of all traffic in the City. The construction of the Alameda Corridor has
consolidated rail traffic between the Ports of Los Angeles and Long Beach and
downtown Los Angeles, and no plans have been announced to vacate existing
mainline railroads. Some spur tracks have been eliminated but have been
replaced by truck transportation. Also, the rail lines are being considered as
routes for California High Speed Rail in the Orange County to Los Angeles
segment.
Much of the truck traffic in the City is generated as a result of the close access
to the regional freeway system.6 Trucks traveling from Vernon to the rest of the
region primarily take SR-60 East, I-710 South via Bandini Boulevard, and I-5
North and South. The most common routes within the west side to access these
freeways are Santa Fe Avenue, Alameda Street East, and Alameda Street West.
As discussed previously, truck trips contribute to both noise and air quality
concerns for residential uses. Limiting truck traffic in the west side of the City
and around areas such as the two Housing Element sites could reduce both air
quality and noise exposure for future residents. CARB recommends a 1,000 -
foot buffer between sensitive uses and distribution centers that generate more
than 100 truck trips per day. No uses within the area of the two Housing
Element sites reach that threshold of 100 trips per day. Additionally, Site 2 of
the Housing Element is located approximately 600 feet away from the closest
use that generate over 50 truck trips per day. Sites 1 is located approximately
1,170 feet away from the closest use that generates over 50 truck trips per day.
6 Iteris Technical Memorandum, Vernon Westside Specific Plan Analysis
Resolution No. 2023-20
Page 69 of 167
________________________
..
..
Item 1 Page 72 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 62
Figure B-8. Westside Truck Distribution (Inbound/Outbound).
Sources: Iteris Technical Memorandum, Vernon Westside Specific Plan Analysis.
Through Program 22 (Environmental Justice), the City commits to a number of
actions to address some of the environmental constraints mentioned in this
section. First, the City will complete an Environmental Justice Element by the
end of 2027. Second, the City commits to continuing to coordinate with the
California Department of Toxic Substances Control (DTSC) on the Exide
Residential cleanup for residential units within the City. As part of the Exide
Residential cleanup the DTSC oversees the investigation and cleanup of the
residential properties, schools, parks, daycare, and childcare centers within
the approximately 1.7-mile radius area of the former Exide Technologies
(Exide) facility in Vernon, California. Third, the City commits to providing transit
outreach by implementing the Transportation Demand Management (TDM)
standards within the Westside Mixed Use District Zoning Amendment. Fifth,
the City will continue to cooperate with other agencies on the creation of the
LA River Bike Path. Sixth, the City will hold one meeting every two years at the
affordable Vernon Village Park Apartment for residents to inform them of City
services and inform them of opportunities to become involved with municipal
decision making, including the Environmental Justice Element.
Implications for Housing Policy
Resolution No. 2023-20
Page 70 of 167
________________________
..
..
Item 1 Page 73 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 63
As required by the RHNA, the City must identify locations for a variety of
housing units. The challenge in the City will be to identify locations that are
suitable for housing in light of the environmental constraints identified herein.
Guidance from regulatory agencies caution the siting of residences and other
“sensitive land uses” that could be adversely affected by environmental
pollution.
In April 2005, CARB published the Air Quality and Land Use Handbook to serve
as a general guide for considering health effects associated with siting sensitive
receptors proximate to sources of toxic air contaminant (TAC) emissions. The
recommendations are voluntary and do not constitute a requirement or
mandate for either land use agencies or local air districts. The goal of the
guidance document is to protect sensitive receptors, such as children, the
elderly, acutely ill, and chronically ill persons, from exposure to TAC emissions.
Some examples of CARB’s siting recommendations include the following: (1)
avoid siting sensitive receptors within 500 feet of a freeway, urban road with
100,000 vehicles per day, or rural roads with 50,000 vehicles per day; (2) avoid
siting sensitive receptors within 1,000 feet of a distribution center (that
accommodates more than 100 trucks per day, more than 40 trucks with
operating transport refrigeration units per day, or where transport refrigeration
unit operations exceed 300 hours per week); and (3) avoid siting sensitive
receptors within 300 feet of any dry cleaning operation using
perchloroethylene and within 500 feet of operations with two or more
machines.
The environmental setting in Vernon and CARB guidance on siting of
residences pose challenges on two levels. First, infrastructure investments will
be needed to help improve the livability in areas that can accommodate more
housing. For example, reducing local exposure to diesel truck traffic would help
reduce localized exposure to DPM, while increasing a tree canopy will improve
the livability of neighborhoods. Second, building design will be helpful in
reducing exposure to negative environmental effects, particularly air quality.
Installing high efficiency filters in heating, ventilation, and air conditioning
(HVAC) equipment will help reduce exposure of residents to indoor air
pollution. 5th Cycle Housing Element Policy 1.2 already requires HEPA filters in
all new development in the City. Orienting development away from freeways,
distribution centers, and other sources of air pollution and toxic emissions can
help reduce exposure as well.
Opportunities for Energy Conservation
City Initiatives. As identified in Program 18, the City will review the City’s
Zoning Ordinance and subdivision requirements, as well as other applicable
codes, to promote energy conservation in housing rehabilitation and in the
construction of new housing. This program will supplement existing City efforts
Resolution No. 2023-20
Page 71 of 167
________________________
..
..
Item 1 Page 74 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 64
in the enforcement of the State’s construction codes requiring energy
efficiency in new construction.
State Regulations and Programs. Title 24 of the California Administrative Code
establishes energy conservation standards that must be applied to all new
residential buildings. The regulations specify energy saving design for walls,
ceilings and floor installations, as well as heating and cooling equipment and
systems, gas cooling devices, conservation standards and the use of non-
depleting energy sources, such as solar energy or wind power. Compliance with
the energy standards is achieved by satisfying certain conservation
requirements and an energy budget. Among the alternative ways to meeting
the energy standards are the following:
• Alternative 1: The passive solar approach which requires proper solar
orientation, appropriate levels of thermal mass, south facing windows,
and moderate insulation levels.
• Alternative 2: Generally, requires higher levels of insulation than
Alternative 1, but has no thermal mass or window orientation
requirements.
• Alternative 3: Also, is without passive solar design but requires active
solar water heating in exchange for less stringent insulation and/or
glazing requirements.
Residential developers must comply with these standards while localities are
responsible for enforcing the energy conservation regulations.
The California Department of Community Services and Development in
partnership with the network of local community services agencies that assist
lower-income households, administers the Low-Income Home Energy
Assistance Program (LIHEAP) and Energy Low Income Weatherization
Assistance Program (DOE-LIWAP). LIHEAP provides financial assistance to
lower income households to offset the costs of heating and/or cooling their
residences. DOELIWAP provides installation and weatherization measures that
increase energy efficiency of existing residential and multi-family dwellings
occupied by lower-income persons. Eligible weatherization services include a
wide variety of energy efficiency measures that encompass the building
envelope, its heating and cooling systems, its electrical system, and electricity
consuming appliances.
Private Sector Programs. The following private sector energy conservation
programs are available to housing developers and Vernon residents:
Resolution No. 2023-20
Page 72 of 167
________________________
..
..
Item 1 Page 75 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 65
California Alternative Rates for Energy (CARE): Lower-income customers
enrolled in the CARE program receive a 20% discount on their electric and
natural gas bills. CARE is funded through a rate surcharge paid by all other
utility customers.
Energy Assistance Program Rate (EAPR): Includes a one-year electric rate
reduction home energy audit, free compact fluorescent lights, and
replacement of inefficient refrigerators. Income qualification and enrollment by
Red Cross.
Family Electric Rate Assistance Program (FERA): This program was developed
for families whose household income slightly exceeds the threshold for
assistance in other energy program allowances. Qualifying households have
some of their electricity usage billed at a lower rate.
Low Income Energy Efficiency Program (LIEE): The LIEE program provides no-
cost weatherization services to lower income households who meet the CARE
guidelines. Services provided include attic insulation, energy efficient
refrigerators, energy efficient furnaces, weather stripping, caulking, low -flow
showerheads, water heater blankets, and door and building envelop repairs
that reduce air infiltration.
Resolution No. 2023-20
Page 73 of 167
________________________
..
..
Item 1 Page 76 of 171
Appendix B: Constraints to Future Housing Development
Housing Element 2021 – 2029 | City of Vernon - 66
Resolution No. 2023-20
Page 74 of 167
________________________
..
..
Item 1 Page 77 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 67
Appendix C: Housing Resources
Planning, financing, developing, and operating housing requires resources of
many varieties, such as land, financial, and human resources. This Appendix
summarizes the City’s requirement for adding housing within the City of
Vernon, identifies sites on which that requirement can be accommodated,
identifies resources to financing new housing, recognizes City policies and
programs that will impact housing development, and discusses opportunities
for energy conservation.
Future Housing Needs
State law requires that each community build a certain number of new housing
units to keep up with the region’s housing need. The Southern California
Association of Governments (SCAG) 6th Housing Element Cycle Regional
Housing Needs Allocation (RHNA) for the City of Vernon is nine (9) units. This
section discusses the City of Vernon’s ability to accommodate their RHNA
during the eight-year planning period.
RHNA Requirement & Adequacy of the Sites Inventory
The RHNA covers the planning period from June 30, 2021, through October
15, 2029. The City of Vernon must identify adequate land with appropriate
zoning and development standards to accommodate its allocation of the
regional housing need.
The City of Vernon’s required nine RHNA units are split between the very low-
and low-income levels as seen in Figure C-1.
Resolution No. 2023-20
Page 75 of 167
________________________
..
..
Item 1 Page 78 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 68
Figure C-1.
Source: Southern California Association of Governments.
Figure C-2 provides a summary of how the City of Vernon demonstrates
adequate sites to satisfy the jurisdiction’s Regional Housing Assessment. The
two sites within the site inventory demonstrate a realistic capacity of 52 units.
Figure C-3 maps the locations of the two Housing Element sites, within the
Westside of Vernon.
Figure C-2.
City of Vernon 6th Cycle Regional Housing Needs Allocation
Income Level Units
Very-Low Income (<50% of AMI) 5
Low-Income (50 to 80% of AMI) 4
Moderate-Income (80 to 120% of AMI) 0
Above Moderate Income (>120% of AMI) 0
Total 9
City of Vernon 6th Cycle Site Inventory
Site Address Lower Moderate
Above
Moderate Total
5201 S Santa Fe Avenue 25 0 33 58
5592 and 5600 S Santa Fe Avenue 19 0 0 19
Total 44 0 33 77
Resolution No. 2023-20
Page 76 of 167
________________________
..
..
Item 1 Page 79 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 69
Figure C-3. Site Inventory Map.
Housing Site #1: 5201 S Santa Fe Avenue
Figure C-4.
Resolution No. 2023-20
Page 77 of 167
________________________
..
..
Item 1 Page 80 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 70
Figure C-5. Mixed Use District Catalytic Site Concept.
Source: City of Vernon.
This site consists of one 1.96-acre privately owned parcel (#6308-016-041)
located within the southern portion of the Westside Mixed Use District Zoning
Amendment area. Current General Plan land use designation is Industrial with
Commercial Overlay; however, it will be adjusted to Mixed-Use with adoption of
the Westside Mixed Use District Zoning Amendment. The site is zoned
Commercial-2; however, the zoning will be adjusted to MU-S (Mixed-Use Santa
Fe South), allowing residential uses with the adoption of the Westside Mixed
Use District Zoning Amendment. The zoning will allow by-right adaptive reuse
and new construction of residential buildings of at least 3-5 stories with no
density limit.
The parcel is improved with two structures, including a large three-story
structure, constructed in 1925, with excellent original features, high ceilings
and natural lighting making it a prime candidate for adaptive reuse into
residential or live/work lofts. As of last contact the building was unoccupied.
The owner of this property has been involved in the development of the
Resolution No. 2023-20
Page 78 of 167
________________________
..
..
Item 1 Page 81 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 71
Westside Mixed Use District Zoning Amendment and has expressed interest in
this type of development on their property.
To inform the development of the Westside Mixed Use District Zoning
Amendment, the City initiated a redevelopment study of several catalytic, or
test, sites. The site has been labeled a catalytic site within the Westside Mixed
Use District Zoning Amendment, which provides an extensive analysis of future
uses on this parcel (see Figure C-5). Working with the property owner and City
staff, the City’s consultants, The Arroyo Group and Lorcan O’Herlihy Architects
created a preferred development concept for the site which adheres to all
proposed zoning standards. The concept proposes 33 live/work lofts on floors
two and three of the aforementioned structure, with supportive uses and
amenities on the first floor and in the smaller adjoining building. Economics firm
HR&A Advisors conducted a financial feasibility analysis on the development
concept, finding it to be economically feasible with a residual land value of
$118 per square foot.
In addition to the building itself, the site contains a 0.9-acre parking lot. Availing
itself of shared and on-street parking incentives provided through the mixed-
use district zoning, parking needs for this development could be
accommodated in 0.4 acres, leaving 0.5 acres of the parking lot available for
development of a new structure. See Appendix B’s “Westside Mixed Use
District Zoning Amendment” section for the full analysis of the proposed plan,
which illustrates that new construction sites can accommodate a density of
roughly 100 dwelling units per acre, or 50 units per acre without subterranean
parking. Additionally, within Appendix B’s “Density and Timing” section, the
City outlines two recent development proposals which both significantly
exceed the density assumption within this Element of 50 units per acre.
Applying this 50 du/ac realistic capacity assumption to this development, an
additional 25 units could be constructed on the site. These 25 units have been
assigned to the lower-income category, while the 33 adaptive reuse units have
been assigned to the above-moderate income category according to the
assumptions made in the economic analysis.
Resolution No. 2023-20
Page 79 of 167
________________________
..
..
Item 1 Page 82 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 72
Housing Site #2: 5592 and 5600 S Santa Fe Avenue
Figure C-6. Housing Element Site #2 and Preliminary Concept.
Source: Andmore Partners.
This site consists of two privately owned parcels located within the southern
portion of the Westside Mixed Use District Zoning Amendment area. These
parcels feature the same owner and are located across the street from each
other. The owner has expressed interest in redeveloping the property as a
residential mixed-use project, including submitting a preliminary concept to
the City and attending a meeting of the Westside Stakeholders Advisory
Resolution No. 2023-20
Page 80 of 167
________________________
..
..
Item 1 Page 83 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 73
Committee to build support for the project. The Stakeholders Advisory
Committee responded favorably to the proposal.
5592 S Santa Fe Avenue is a vacant lot while 5600 S Santa Fe Avenue is
occupied by a small abandoned industrial building and a large, paved parking
lot. These unoccupied uses present no barrier to redevelopment of the site,
making development highly likely within the 6th Cycle planning period. The
Parcels #6309-005-008 and #6309-006-012 combine for a 0.38-acre site.
Current General Plan land use designation is Industrial with Commercial
Overlay; however, it will be adjusted to Mixed-Use with adoption of the Westside
Mixed Use District Zoning Amendment. The site is zoned Commercial-2;
however, the zoning will be adjusted to MU-S (Mixed Use Santa Fe South)
allowing residential uses with the adoption of the Westside Mixed Use District
Zoning Amendment. The site has a realistic capacity of 19 lower income units
based on a lower limit realistic density of 50 units per acre for new construction
sites. See Appendix B’s “Westside Mixed Use District Zoning Amendment”
section for the full analysis of the proposed plan, which illustrates that new
construction sites can accommodate a density of roughly 100 dwelling units
per acre, or 50 units per acre without subterranean parking. Additionally, within
Appendix B’s “Density and Timing” section, the City outlines two recent
development proposals which both significantly exceed the density
assumption within this Element of 50 units per acre.
Since the two sites are separate parcels, separated by a public street, Program
20 (Lot Consolidation) commits the City to grant incentives for the development
of this site and other small sites in the Mixed-Use District, such as more flexible
height and parking standards, in exchange for the provision of on -site
affordable housing. The sites will also be evaluated together, so that required
project elements such as nonresidential space, open space and parking can be
provided on one site to serve both sites. Through Program 20, the City will also
evaluate supplementing the land area of this site and other constrained sites
by repurposing or allowing projects to use public right-of-way. In this case, the
60-foot right of way of 56th Street which runs between the two lots could be
narrowed or vacated to create additional open space or developable area to
support the project.
Market and Development Trends and Likelihood of 100 Percent
Nonresidential Development
Figure B-5 (reproduced here) illustrates the high interest in redeveloping
properties in industrial areas near Vernon into residential uses with a density at
least that assumed in the Element, and in many cases far greater. Arts District
development is proceeding ever closer to the edges of the Westside.
Resolution No. 2023-20
Page 81 of 167
________________________
..
..
Item 1 Page 84 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 74
Residential Projects in Industrial Areas near Vernon
Address Distance
from
Vernon
(mi)
Status Units Density
(du/ac)
Type of Project
2349 S Santa Fe Avenue 0.08 Constructed 57 40 Adaptive reuse
2650 E Olympic Blvd 0.50 Pending
Approval
2,000 100 New
construction +
adaptive reuse
1024 S Mateo St 1.10 Entitled 106 60 New
construction
1850 Industrial Street 1.45 Constructed 104 80 Adaptive reuse
649 S Santa Fe Avenue 1.45 Constructed 320 170 New
construction
520 Mateo St 1.65 Under
Construction
475 220 New
construction
Figure B-5.
Source: Southern California Association of Governments.
While the Mixed-Use Zones allow 100% nonresidential development as well as
residential development, the strong likelihood of residential development is
evidenced in that two developers have reached out to the City, unsolicited, with
desires to pursue projects in the Westside/mixed-use areas. and both of these
are residential. The City has not received applications for new light industrial
facilities, offices or other uses permitted in the mixed-use zones. The parcels
are too small for logistics or other modern industrial uses which are generating
the greatest number of nonresidential development applications in the City as
a whole. Still, in order to account for any potential nonresidential development
which may occur, the inventory includes two sites which can accommodate the
City’s RHNA.
Infrastructure
The City of Vernon conducted a comprehensive evaluation of infrastructure
within the Westside as a part of its Westside Specific Plan Baseline Studies
Report (January 2021) and has reviewed its capacity vis a vis potential growth
of up to 875 housing units within the areas covered by the Westside Mixed Use
District Zoning Amendment, including the two sites inventory sites and their
Resolution No. 2023-20
Page 82 of 167
________________________
..
..
Item 1 Page 85 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 75
realistic capacity of 77 units. The analyses have found that the City possesses
wet and dry infrastructure that has high capacity and good quality due to
decades of investments designed to produce high-quality service to high-usage
industrial businesses. There are no capacity deficiencies identified, especially
in the water system. The sewer system likewise is anticipated to have sufficient
capacity for future growth.
Zoning for a Variety of Housing Types
The City of Vernon’s housing element must identify and analyze sites with
appropriate zoning that will encourage and facilitate a variety of housing types.
Emergency Shelters
Emergency shelters of up to 40 beds will be permitted by right (without any
discretionary action required) in the City’s Santa Fe North zone, as identified
in the Westside Mixed Use District Zoning Amendment (Program #8). The
processing procedure for emergency shelters in the Santa Fe North zone will
be the same as the City’s current process which permits emergency shelters
by right in the Emergency Shelter Overlay zone. Emergency shelters will be
permitted by right in the Santa Fe North zone, without any discretionary actions
required by the City. The development of an emergency shelter of up to 40 beds
will be permitted by right in the Santa Fe North zone without any public
meetings or public noticing. Emergency shelters will be exempted from design
review requirements.
Within the Santa Fe North zone multifamily residential and live/work uses are
permitted. The Santa Fe North zone is currently occupied by many old vacant
one- and two-story industrial buildings that have the potential to be converted
into shelters for unhoused residents. Approximately half of the identified
properties within the Santa Fe North zone are considered viable adaptive reuse
opportunities. Additionally, more than half of the identified properties have
potential for development or redevelopment. The properties identified within
the Santa Fe North zone total approximately 54 acres. Therefore,
approximately 27 acres within the Santa Fe North zone have a potential for new
development or adaptive reuse.
The parking requirement for emergency shelters in the Santa Fe North zone
will meet the requirements of AB 2339. AB 2339 states that emergency
shelters shall be required to “provide sufficient parking to accommodate all
staff working in the emergency shelter, provided that the standards do not
require more parking for emergency shelters than other residential or
commercial uses within the same zone.” The proposed Westside Mixed-Use
Zoning Amendment (which will create the Santa Fe North zone) states that no
Resolution No. 2023-20
Page 83 of 167
________________________
..
..
Item 1 Page 86 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 76
parking will be required for emergency shelters. In any case, the City commits
to adopting parking standards which comply with AB 2339 as a component of
Program #8.
Additionally, Metro bus stops line Santa Fe Avenue within the Santa Fe North
zone. Metro Bus Route 60 connects Downtown Los Angeles to Long Beach, and
it is identified as a high-quality transit route as it has consistent frequency
during AM and PM rush hours.
Emergency Shelters permitted by right (without any discretionary action
required) in the City’s Santa Fe North zone can accommodate up to 40 beds
per shelter. A review of similar emergency shelters within the Los Angeles
region reveals that a 40-bed emergency shelter takes up approximately .27
acres. Lots in the Santa Fe North zone range from .07 to 2.87 acres. As such,
the area can accommodate its sufficient capacity of emergency shelters to
serve the homeless population in the City of Vernon, which was last counted at
9 individuals during the 2022 LAHSA Homeless Count.
The entirety of Vernon and Southeast Los Angeles feature environmental
constraints, due to the proximity of industrial uses. However, the westside of
Vernon tends to be less impacted by environmental hazards, as described in
depth within Appendix B (Housing Constraints) of this Element.
Currently, the Emergency Shelter Overlay zone is the only zone which permits
emergency shelters by right in the City. Other uses, besides emergency
shelters, require a conditional use permit for consideration within the
Emergency Shelter Overlay zone. The Emergency Shelter Overlay zone is an
approximately one-acre area located in the northwest corner of the City, close
to where the Santa Fe North zone is projected. The City of Vernon’s Municipal
Code Section 17.52.040 define the development and site planning standards
for emergency shelters within the Emergency Shelter Overlay zone. These
development and site planning standards include: 1) Emergency shelters shall
contain a maximum of 10 beds and shall serve no more than 10 homeless
persons at a time; 2) Occupancy by an individual or family may not exceed 180
consecutive days unless the management plan provides for longer residency;
3) A minimum distance of 300 feet shall be maintained from any other
emergency shelter, as measured from the property line; 4) Adequate external
lighting shall be provided for security purposes; 5) A security and safety plan
shall be provided for the review and approval by the Director; and 6) The facility
may provide services separate from sleeping areas such as recreation area,
counseling center, laundry, kitchen, dining hall, and client storage areas.
Lastly, the parking requirement for Emergency Shelter Overlay Zone are as
follows: 1 space for each 5 beds plus 2 additional spaces. For new building
construction, 6% of required parking spaces, rounded up to the nearest whole
number, shall be equipped with a Level 2 or higher EV charger. In Program #17,
Resolution No. 2023-20
Page 84 of 167
________________________
..
..
Item 1 Page 87 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 77
the City commits to adjusting or removing this requirement to harmonize with
emergency shelter parking requirements in the Santa Fe North zone and
comply with AB 2339.
Transitional and Supportive Housing
According to State Government Code Section 65583(a) (4 & 5), transitional
and supportive housing are considered residential uses and subject to only
those restrictions that apply to other residential dwellings of the same type in
the same zone. Vernon Municipal Code 26.4.6-4 explicitly permits supportive
and transitional housing in the Housing Overlay Zone , subject to a Conditional
Use Permit, as required for all types of housing. The Westside Mixed Use
District Zoning Amendment (Program #8) will permit by-right supportive
housing development zones where multifamily and mixed-uses are permitted,
including nonresidential zones permitting multifamily uses pursuant to
Government Code section 65651. Transitional and supportive housing will also
be permitted by-right, outside of the Westside Mixed Use District Zoning
Amendment area, in any zone where multifamily and mixed-uses are permitted
by-right, including nonresidential zones permitting multifamily uses pursuant
to Government Code section 65651. (Program 17)
Per AB 101, the City will review its zoning ordinance and make revisions if
necessary to allow low barrier navigation centers for the unhoused per
Government Code 65660-65668. (Program 17)
Farmworker Housing and Employee Housing
The City of Vernon does not have a farmworker population; therefore, sites do
not need to be identified. The City does encourage and facilitate multi-family
housing and ADUs (Program 11) which will support employees that live in
Vernon. Additionally, the Employee Workforce Housing Program (Program 15)
should establish employee housing in the City of Vernon over the sixth cycle
planning period.
The California Legislature enacted the Employee Housing Act (EHA) to provide
protection for persons living in privately owned and operate d employee
housing. The EHA is specifically designed to ensure the health, safety, and
general welfare of these residents and to provide them a decent living
environment. The EHA also provides protection for the general public which
may be impacted by conditions in and around employee housing. Any
employee housing that has qualified, or is intended to qualify, for a permit to
operate pursuant to the EHA, may invoke the following provisions:
Resolution No. 2023-20
Page 85 of 167
________________________
..
..
Item 1 Page 88 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 78
• Any employee housing providing accommodations for six or fewer
employees shall be deemed a single-family structure with a residential
land use designation. Employee housing shall not be included within
the definition of a boarding house, rooming house, hotel, dormitory, or
other similar term that implies that the employee housing is a business
run for profit or differs in any other way from a family dwelling.
• No conditional use permit, zoning variance, or other zoning clearance
shall be required of employee housing that serves six or fewer
employees that is not required of a family dwelling of the same type in
the same zone. According to the State Housing law, employee housing
for six or fewer persons must be treated as regular housing.
• The use of a family dwelling for purposes of employee housing serving
six or fewer persons, shall not constitute a change of occupancy
pursuant to any local building codes.
• Employee housing that serves six or fewer employees shall not be
subject to any business taxes, local registration fees, use permit fees,
or other fees to which other family dwellings of the same type in the
same zone are not likewise subject.
• For the purposes of any contract, deed, or covenant for the transfer of
real property, employee housing which serves six or fewer employees
shall be considered a residential use of property and a use of property
by a single household.
• Each county and city shall permit and encourage the development and
use of sufficient numbers and types of employee housing facilities as
are commensurate with local needs. This section shall apply equally to
any charter city, general law city, county, city and county, district, and
any other local public entity.
The City of Vernon’s Zoning Code does not currently address small employee
housing. Program 17 has been included within this Element to add a definition
of small employee housing and make provisions for small employee housing to
be permitted in all zones where single-family housing is permitted.
Manufactured Homes and Factory-Built Housing
Manufactured homes are permitted in the same areas as other types of
housing.
Multi-family Rental Housing
Resolution No. 2023-20
Page 86 of 167
________________________
..
..
Item 1 Page 89 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 79
All residential zones in Vernon permit multi-family rental housing.
Single-Room Occupancy Units (SROs)
Single-room occupancy units are commonly located in buildings which date
from the early twentieth century. The Westside Mixed Use District Zoning
Amendment (Program #8) will allow such units to be established in residential
mixed-use districts along Santa Fe Avenue, which is where the greatest number
of these buildings exist in Vernon.
Resolution No. 2023-20
Page 87 of 167
________________________
..
..
Item 1 Page 90 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 80
Accessory Dwelling Units (ADUs)/ Junior Accessory Dwelling Units
(JADUs)
The City will adopt an accessory dwelling unit ordinance (Program #11)
pursuant to State law to allow ADUs and JADUs to be constructed on single -
and multi-family properties.
Financial Resources for Housing
For the 2021-2029 Housing Element planning period, the City anticipates
funding available from the following programs:
Tenant-Based Subsidies
There are a wide variety of tenant-based subsidies that are available from
government agencies to support tenants in the payment of rent for apartments
on the open market. Tenant-based subsidies could be used to pay for City-
owned or private housing units. Below are a few of the most important tenant-
based subsidies:
• The Housing Choice Voucher Program (Section 8) provides
rental assistance payments to owners of private market rate
units on behalf of extremely low-income tenants.
• The Veterans Affairs Supportive Housing (VASH) program
combines Housing Choice Vouchers with rental assistance for
homeless veterans.
• The Los Angeles County Department of Mental Health (DMH)
Shelter Plus Care grant provides subsidized housing and
supportive services for individuals and families that meet the
Department of Housing and Urban Development (HUD)’s
definition of homelessness.
• The Family Self-Sufficiency Program provides an
escrow/savings account to help welfare recipients transition off
welfare.
As Vernon does not have its own housing authority, all programs are
administered by larger government entities including the Los Angeles County
Development Authority (LACDA).
Resolution No. 2023-20
Page 88 of 167
________________________
..
..
Item 1 Page 91 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 81
Low-Income Housing Tax Credits
The workhorse of funding for affordable rental housing in the United States, the
Low-Income Housing Tax Credit (LIHTC) program gives State and local LIHTC-
allocating agencies the equivalent of approximately $8 billion in annual budget
authority to issue tax credits for the acquisition, rehabilitation, or new
construction of rental housing targeted to lower-income households. In
California, these credits are distributed by the Tax Credit Allocation Committee
(TCAC), which awards projects funding in the Senior and Family categories.
Income levels generally range from 30% to 60% AMI.
Tax credits come in the 9% and 4% variety. The more valuable 9% tax credits
have always been subject to a competitive process; however, the 4% tax credits
have recently become competitive in recent years. Thus, in order for a project
to be competitive, there are certain characteristics that projects must have:
• Projects must generally include a minimum of 40 to 50 units,
and a maximum of 100 to 150 units, to ensure that the
affordable housing developer can earn a sufficient developer
fee to make the project worth its while.
• Most projects need a local match. The match may be in-kind
(land) or financial.
• Locational and other scoring criteria must be met. This includes
proximity to services and public transit.
Tax credits are typically used for projects which are 100% affordable; however,
the regulations allow for up to 20% of units to be market-rate. There is also the
California Housing Financing Agency (CalHFA) and California Public Finance
Authority (CalPFA)’s 80/20 Program, which allows for tax credits to be applied
to 20% or greater affordable units in large, largely market-rate developments.
Brownfields Funding
In the event that environmental site analyses determine that a housing site
has contaminated soil, brownfields funding may be needed to offset
remediation costs. The U.S. Environmental Protection Agency (EPA) and
California Department of Toxic Substances Control (DTSC) administer several
types of brownfield grant and loan programs, particularly for publicly-owned
sites.
Resolution No. 2023-20
Page 89 of 167
________________________
..
..
Item 1 Page 92 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 82
Historic Tax Credits
A federal historic tax credit of 20% is available for the rehabilitation of historic,
income-producing buildings that are determined by the Secretary of the
Interior to be “certified historic structures.” In 2019, the State of California also
approved a 20% or 25% credit for the rehabilitation of such structures.
Private Financing
Vernon has an active real estate market which attracts private equity and debt
to finance acquisition, rehabilitation and construction projects. While the
financing of new market-rate housing would be new to Vernon, there is a
definite pattern of banks and equity investors who have increasingly been
willing to invest in housing development projects in the nearby Arts District,
Boyle Heights, and Historic South Central Los Angeles.
Resolution No. 2023-20
Page 90 of 167
________________________
..
..
Item 1 Page 93 of 171
Appendix C: Housing Resources
Housing Element 2021 – 2029 | City of Vernon - 83
Resolution No. 2023-20
Page 91 of 167
________________________
..
..
Item 1 Page 94 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 84
Appendix D: Policy Evaluation
State Government Code (GC) Section 65588 calls on a local government to
“…review its housing element as frequently as appropriate to evaluate all of the
following: (1) The appropriateness of the housing goals, objectives, and policies
in contributing to the attainment of the state housing goal. (2) The effectiveness
of the housing element in attainment of the community's housing goals and
objectives. (3) The progress of the city, county, or city and county in
implementation of the housing element.”
The development of the 2021-2029 Housing Element included an evaluation
of how the City has implemented the policies of the 5th Cycle Housing Element.
The table on the following pages summarizes the status, effectiveness, and
appropriateness of current housing policy programs, as well as any barriers to
implementation.
Resolution No. 2023-20
Page 92 of 167
________________________
..
..
Item 1 Page 95 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 85
Status of Housing Element Policies (5th Cycle Housing Element)
Housing Element Policy Result Evaluation
Continue/Modify/
Delete
Goal H-1: Ensure that all housing units are maintained in decent, safe, and sanitary condition.
Housing Element Policy 1.1
Continue to enforce all relevant
building and zoning codes to
ensure that all residential units are
adequately maintained.
The City's Public Works Division is
responsible for code enforcement
activities. Due to the limited number of
units in the City, staff can accurately
monitor all units and has determined that
all are in good repair.
The City has been effective in
maintaining housing conditions in the
City and responds to complaints as
needed. By 2021, the City has
renovated 24 of its 26 City-owned
dwelling units and added heating,
ventilation, and air conditioning (HVAC)
systems. The City will modify the two
remaining City-owned units within the
6th cycle planning period.
Code enforcement will become more
important and necessary in the future
as the number of housing units
increase in the City.
Continue.
Housing Element Policy 1.2
Require any new or residential units
undergoing a major alteration to be
equipped with air filtration systems
(such as HVAC systems) and sounds
insulation (such as dual-paned
windows) to protect residents from
exposure to adverse environmental
conditions.
The City actively pursues maintenance on
City-owned units, providing renovations
on vacated units and repairs as needed on
occupied units.
The City successfully completed the
renovation of 24 units by 2021.
Renovations included adding HVAC
systems and providing insulation for
sound protection and energy
conservation purposes.
The Vernon Village Park Apartments
were built with MERV 13 air filters,
which were state of the art in 2015,
when the apartments opened.
The City owns many residences in
Vernon. The City is fully involved with
the maintenance and upkeep of the
properties and will continue to provide
these services on other units, as they
are needed. All new and remodeled
units will be required to provide HVAC
systems and sound insulation
protection, such as dual paned
windows. Continue.
Resolution No. 2023-20
Page 93 of 167
________________________
..
..
Item 1 Page 96 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 86
Status of Housing Element Policies (5th Cycle Housing Element)
Housing Element Policy Result Evaluation
Continue/Modify/
Delete
Housing Element Policy 1.3
Mitigate any residential displacement
impacts occurring as a result of
residential demolition.
No residential units were demolished
during the last planning period.
The City is committed to maintaining
the existing housing units in the City.
The City is committed to mitigating
residential displacement impacts,
should they occur. Continue.
Goal H-2: Maintain all existing dwelling units within the City.
Housing Element Policy 2.1
Provide for the retention of existing
residential units in the City that are
economically and physically sound.
All units in the City were retained
during the last planning period.
The 74 residential units in the City have
all been determined to be in good
condition.
A focus of housing policy in Vernon is
to preserve the existing housing stock
as well as maintain safe and viable
housing units.
Continue.
Resolution No. 2023-20
Page 94 of 167
________________________
..
..
Item 1 Page 97 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 87
Status of Housing Element Policies (5th Cycle Housing Element)
Housing Element Policy Result Evaluation
Continue/Modify/
Delete
Housing Element Policy 2.2
Continue to accommodate the needs of
disabled residents through the adopted
reasonable accommodation
procedure.
As of 2021, there are no assisted housing
units for disabled residents in the City.
According to 2015-2019 ACS 5-year
Data, 11 Vernon residents have a
disability.
Vernon Village Park Apartments, an
affordable development opened in
2015, features 45 affordable units
which are publicly assisted. While these
units are not specifically targeted for
disabled residents, the units meet
standards for public buildings as
defined by Chapter 11B of the
California Building Code.
21 of the City’s 24 occupied rental units
are rented at levels that are affordable
to very low-income tenants, though the
City is currently raising rents according
to the Consumer Price Index (CPI) to
approximate market rate rents.
While there is no assisted housing for
disabled residents in the City that
requires monitoring, the City will
continue this policy.
Continue.
Goal H-3: Create opportunities for the development of new housing in areas of the City that have the least pote ntial for adverse impacts associated with
established industrial uses and truck routes. Locate such new housing nearby community services.
Housing Element Policy 3.1
Implement the Housing Overlay Zone
via the Zoning Ordinance and Zoning
The City adopted the Housing Overlay
Zone in 2007.
Implement new housing zoning tools,
such as the Westside Mixed Use
District Zoning Amendment, to
Resolution No. 2023-20
Page 95 of 167
________________________
..
..
Item 1 Page 98 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 88
Status of Housing Element Policies (5th Cycle Housing Element)
Housing Element Policy Result Evaluation
Continue/Modify/
Delete
map to allow for a limited amount of
new housing construction.
encourage a broader level of housing
construction in the City.
Modify.
Housing Element Policy 3.2
Strategically locate sites for new
housing so as to minimize noise,
vibration, smoke, noxious gases, glare,
heat, dust, odors, air pollution, and
other adverse impacts associated with
industrial uses, slaughtering and
rendering uses, businesses that release
toxic materials, and trucking and
railroad facilities and routes.
The Vernon Village housing development
was constructed in 2015, per analysis
conducted in the 5th Cycle Housing
Element that determined this was one of
the two best sites for housing in the City.
Sites should continue to be located in
areas where industrial impacts are
minimized. The City will also
undertake appropriate actions to
minimize impacts in areas adjacent to
residentially targeted zones.
Continue.
Housing Element Policy 3.3
Encourage development of residential
uses in strategic proximity to schools,
recreational facilities, commercial
areas, parks and other public spaces,
and transit routes.
The Vernon Village housing development
was constructed in 2015. It is located .5
mile from schools and parks.
While locating housing close to schools
is good policy for family-oriented
housing, other types of housing may be
better suited for proximity to other
types of amenities.
Residential development should occur
in proximity to amenities, but those
amenities may be defined differently.
Modify.
Goal H-4: Continue to promote the availability of a range in existing unit types and sizes, and equal housing opportunity in the City’s housing market on
the basis of age, race, sex, marital status, ethnic background, source of income, homelessness, physical disabilities, and ot her factors.
Resolution No. 2023-20
Page 96 of 167
________________________
..
..
Item 1 Page 99 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 89
Status of Housing Element Policies (5th Cycle Housing Element)
Housing Element Policy Result Evaluation
Continue/Modify/
Delete
Housing Element Policy 4.1
Prohibit discrimination in the
availability of existing and new housing.
The City has not been advised of any
discriminatory practices that have
occurred in regard to the availability of
housing. The City will take a proactive
approach in enforcing anti-discrimination
laws. The following details the extent of
special needs populations in Vernon.
According to the City’s information from
2021 regarding the demographics of
residents in their City-owned housing,
there are 12 residents who are 65 years or
older. According to the LAHSA 2022
Homeless Count, there are 9 homeless
people living in the City of Vernon.
Additionally, there are no farmworkers
living in Vernon. No household in Vernon
features five or more people, which is
HCD's definition of a large family. Lastly,
according to 2015-2019 ACS 5-Year
data, there are 21 female headed
households in Vernon. According to 2015-
2019 ACS 5-year Data, 11 Vernon
residents have a disability.
The City has received no complaints
regarding any discriminatory actions
and will continue to enforce all fair
housing law.
Prior to 2012, the City's Zoning
Ordinance did not allow the
development of new housing in the
City. As such, housing discrimination
related to the siting of housing was not
an issue. This program was updated in
2008 to address a range of fair
housing concerns related to the
existing housing stock, including
access for persons with disabilities or
special needs, providing greater
access to equal housing opportunity.
As more private residential units are
expected to be built in Vernon, the City
will remain proactive about enforcing
anti-discrimination laws.
Continue.
Housing Element Policy 4.2
Address the housing needs of special
populations and extremely low-income
households through emergency
shelters, transitional housing,
supportive housing, and single-room
occupancy units.
With the development of Vernon Village,
the City of Vernon has seen an increase of
45 new affordable units within the City as
of 2015. The units available range from
one-bedroom units to three-bedroom
units. The monthly rent for these units
ranges from $715 to $1,336 according to
the latest data from 2019. In order to
qualify for these units households, need to
The program has been successful and
more than doubled Vernon’s housing
stock during the 5th cycle planning
period.
Continue.
Resolution No. 2023-20
Page 97 of 167
________________________
..
..
Item 1 Page 100 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 90
Status of Housing Element Policies (5th Cycle Housing Element)
Housing Element Policy Result Evaluation
Continue/Modify/
Delete
make 60% or less of the area’s median
income.
In 2013-2017, according to HUD CHAS
data, the City of Vernon had no
households that qualified as extremely
low-income households, or households
that earn below 30% of the HAMFI. In the
absence of poverty data, this is the most
accurate estimation for the number of
extremely low-income households in
Vernon.
The following details the extent of special
needs populations in Vernon. According
to the City’s information from 2021
regarding the demographics of residents
in their City-owned housing, there are 12
residents who are 65 years or older.
According to the LAHSA 2022 Homeless
Count, there are 9 homeless people living
in the City of Vernon. Additionally, there
are no farmworkers living in Vernon. No
household in Vernon features five or more
people, which is HCD's definition of a
large family. Lastly, according to 2015-
2019 ACS 5-Year data, there are 21
female headed households in Vernon.
According to 2015-2019 ACS 5-year
Data, 11 Vernon residents have a
disability.
Figure D-1.
Source: City of Vernon, 2021.
Resolution No. 2023-20
Page 98 of 167
________________________
..
..
Item 1 Page 101 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 91
Effectiveness of Past Goals, Policies, and Actions for Special Needs
Populations
Seniors
According to the City’s information from 2021 regarding the demographics of
residents in their City-owned housing, there are 12 residents who are 65 years
or older. Five of these 12 residents live alone in a City-owned housing. The City
of Vernon’s 5th Cycle Housing Element included Policy 4.1, to prohibit
discrimination in the availability of existing and new housing. The City has not
been advised of any discriminatory practices that have occurred in regard to
the availability of housing, related to the City’s senior population. As more
private residential units are expected to be built in Vernon, the City will remain
proactive about enforcing anti-discrimination laws and fair housing laws.
Additionally, through Housing Element Policies 1.1 and 1.2 the City
successfully completed the renovation of 24 City-owned units by 2021. These
units were renovated to add heating, ventilation, air conditioning, sound
protection insulation, and energy conservation measures. These renovations
benefit the senior population of Vernon, many of whom live in City-owned
housing. Through Policy 1.1, the City will renovate the remaining two City-
owned housing units within the sixth cycle.
Additionally, the City of Vernon has successfully implemented the 5 th cycle’s
Policy 4.2, doubling Vernon’s housing stock during the 5th cycle planning
period, with the Vernon Village Park Apartments. The Vernon Village Park
Apartments are available to households with seniors in the City of Vernon.
Policy 4.2 will continue as Policy 4.3 in the 6th cycle planning period.
Persons with Disabilities
According to 2015-2019 ACS 5-year Data, 11 Vernon residents have a
disability. Nine of the eleven disabled residents are 18-64 years old while the
remaining two disabled residents are 65 years old or older. The City of Vernon’s
5th Cycle Housing Element included Policy 4.1, to prohibit discrimination in the
availability of existing and new housing. The City has not been advised of any
discriminatory practices that have occurred in regard to the availability of
housing, related to the City’s disabled population. As more private residential
units are expected to be built in Vernon, the City will remain proactive about
enforcing anti-discrimination laws and fair housing laws.
The 5th cycle Element also included Policy 2.2, to continue to accommodate
the needs of disabled residents through the adopted reasonable
accommodation procedure. There is currently no assisted housing for disabled
residents in Vernon. However, Vernon Village Park Apartments does meet
standards for public buildings as defined by Chapter 11B of the California
Building Code. Therefore, the Vernon Village Park Apartments are accessible
Resolution No. 2023-20
Page 99 of 167
________________________
..
..
Item 1 Page 102 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 92
to Vernon’s disabled population as will all future housing build within the City
of Vernon.
Large Households
According to HCD’s definition, large family is often thought of as households
with five or more people. No household in Vernon features five or more people.
According to 2015-2019 ACS 5-year data, two-bedroom units represent the
highest share of the housing stock (29 units), three-bedroom units are the
second highest share (11 units), and one-bedroom units are the third highest
share (4 units). There are no four- or five-bedroom units in the City of Vernon.
Due to the lack of large families in Vernon, the lack of four- and five-bedroom
units in the City of Vernon is appropriate.
The Vernon Village Park Apartments, built during the 5th cycle, consist of one
bedroom, two bedroom, and three-bedroom units. The influx of new three-
bedroom units meets the needs of lower income, large families in Vernon. The
limit per bedroom for affordable projects is 1.5 persons per one bedroom,
therefore, the two-bedroom units could accommodate three residents and the
three-bedroom unit could accommodate approximately 4-5 residents.
Female Headed Households
According to 2015-2019 ACS 5-Year data, there are 21 female headed
households in Vernon. The City of Vernon’s 5th Cycle Housing Element included
Policy 4.1, to prohibit discrimination in the availability of existing and new
housing. The City has not been advised of any discriminatory practices that
have occurred in regard to the availability of housing, related to the City’s
female headed households. As more private residential units are expected to
be built in Vernon, the City will remain proactive about enforcing anti-
discrimination laws and fair housing laws.
Additionally, Housing Element Policy 4.2 addresses the housing needs of
special populations and extremely low-income households through emergency
shelters, transitional housing, supportive housing, and single-room occupancy
units. The City of Vernon has successfully implemented the 5th cycle’s Policy
4.2, doubling Vernon’s housing stock during the 5th cycle planning period, with
the Vernon Village Park Apartments. The Vernon Village Park Apartments are
available to lower income female headed households in the City of Vernon.
Policy 4.2 will continue as Policy 4.3 in the 6th cycle planning period.
Resolution No. 2023-20
Page 100 of 167
________________________
..
..
Item 1 Page 103 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 93
Persons Experiencing Homelessness
According to the LAHSA 2022 Homeless Count, there are 9 homeless people
living in the City of Vernon. Of this total, all 9 homeless individuals are
unsheltered. Five individuals are unsheltered on the street, 1.3 individuals are
unsheltered in tents, and 2.6 individuals are unsheltered in cars or vans.
Housing Element Policy 4.2 addresses the housing needs of special
populations and extremely low-income households through emergency
shelters, transitional housing, supportive housing, and single-room occupancy
units. Policy 4.2 has been successful and more than doubled Vernon’s housing
stock during the 5th cycle planning period, with the Vernon Village Park
Apartments. The Vernon Village Park Apartments are available to the lower
income population in Vernon, including the City’s homeless population. Policy
4.2 will continue as Policy 4.3 in the 6th cycle planning period.
Extremely Low-Income Households
In 2013-2017, according to HUD CHAS data, the City of Vernon had no
households that qualified as extremely low-income households, or households
that earn below 30% of the HAMFI. In the absence of poverty data, this is the
most accurate estimation for the number of extremely low-income households
in Vernon. The City of Vernon’s 5th Cycle Housing Element included Policy 4.1,
to prohibit discrimination in the availability of existing and new housing. The
City has not been advised of any discriminatory practices that have occurred in
regard to the availability of housing, related to the City’s extremely low-income
population. As more private residential units are expected to be built in Vernon,
the City will remain proactive about enforcing anti-discrimination laws and fair
housing laws. Additionally, Housing Element Policy 4.2 addresses the housing
needs of special populations and extremely low-income households through
emergency shelters, transitional housing, supportive housing, and single-room
occupancy units. The City of Vernon has successfully implemented the 5th
cycle’s Policy 4.2, doubling Vernon’s housing stock during the 5th cycle
planning period, with the Vernon Village Park Apartments. The Vernon Village
Park Apartments are available to extremely low income and low-income
households in the City of Vernon. Policy 4.2 will continue as Policy 4.3 in the
6th cycle planning period.
Resolution No. 2023-20
Page 101 of 167
________________________
..
..
Item 1 Page 104 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 94
Quantitative Objectives Progress
The 2014-2021 Housing Element identified overall objectives for housing
production, rehabilitation, conservation, and preservation. These objectives
represented aspirational goals for City accomplishments and exceeded the
City’s state obligations. (The Regional Housing Needs Assessment during the
5th Cycle was two units.) The following table summarizes actual
accomplishments during the Plan period.
2014-2021 Housing Element Objectives
Income
Category
New Construction Rehabilitation Conservation
Objective Outcome Objective Outcome Objective Outcome
Extremely
Low- and
Very-Low
Income
2 27 0
5
0
29
Low-
Income 47 17 0 0
Moderate
-Income 0 0 7 31
Above
Moderate
-income
0 1 0 0
Total 49 45 7 5 31 26
Figure D-2.
Housing Element Objectives Progress.
Resolution No. 2023-20
Page 102 of 167
________________________
..
..
Item 1 Page 105 of 171
Appendix D: Policy Evaluation
Housing Element 2021 – 2029 | City of Vernon - 95
Resolution No. 2023-20
Page 103 of 167
________________________
..
..
Item 1 Page 106 of 171
Housing Element 2021 – 2029 | City of Vernon - 96
Appendix E: Housing Programs Detail
The programs that will be effective in the implementation of the Housing
Element policies are described in the sections that follow.
Resolution No. 2023-20
Page 104 of 167
________________________
..
..
Item 1 Page 107 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 97
Program 1: Maintenance of City-Owned Residences
Detail. The City owns 26 housing units in Vernon, all but three of which are
rented. The City is responsible for the maintenance and upkeep of these units,
and management is overseen by the City’s Housing Commission. All City-
owned units were determined to be in good repair. The City of Vernon recently
renovated 24 of their 26 City-owned units. The remaining two units, though
they are in good, habitable condition, will be renovated due to age over the next
eight-year planning period. The City continues to provide maintenance to these
units, thus ensuring upkeep for Vernon’s City-Owned housing stock.
City’s Role in Implementation. The Department of Public Works is responsible
for coordinating the maintenance of City-Owned residences. The day-to-day
oversight of the program is under the direction of the Director of Public Works.
Source of Funding. General Fund.
2021-2029 Program Objectives. To renovate the final two unrenovated City-
Owned residences. The City will continue to provide maintenance to City -
Owned residences over the 6th cycle planning period.
Agency Responsible for Implementation. The Department of Public Works is
responsible for coordinating the maintenance of City-Owned residences under
the supervision of the Housing Commission.
Implementation Schedule. The Department of Public Works will continue to
provide maintenance to City-Owned residences over the 6th Cycle planning
period.
Resolution No. 2023-20
Page 105 of 167
________________________
..
..
Item 1 Page 108 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 98
Program 2: Vernon Code Enforcement Program.
Detail. Of the 48 non-City owned units located in Vernon, none were
determined by the City to be in need of substantial rehabilitation. Forty -five of
these units belong to the Vernon Village Park Apartments, an affordable family
development which was completed in 2015. Due to the limited number of
privately owned units in the City, a code enforcement program would have
limited application at this time. However, it is nonetheless imperative that
residential units be adequately maintained for health, safety, and aesthetic
concerns. Public Works staff is active in the community and will enforce the
City’s code to eliminate and prevent unsafe conditions in residential units.
Public Works staff responds to reports of code violations within the week that
they are reported and enforces applicable laws to ensure the safety and
preservation of all housing units within the City.
As additional privately-owned residential units are built in Vernon the need for
code enforcement will increase. At the conclusion of the 6th Cycle, the City will
review the need to dedicate additional staff time to code enforcement.
City’s Role in Implementation. To enforce the City of Vernon’s building code
and ensure the safety and preservation of all housing units in Vernon.
Source of Funding. General Fund.
2021-2029 Program Objectives. The City continues to inspect privately owned
residential units on an as-needed basis.
Agency Responsible for Implementation. The Public Works Department
Building Division of the City of Vernon. Responsibility for this program falls
under the Public Works Director.
Implementation Schedule. The Building Division of the Public Works
Department Code will continue to implement the program over the 6th Cycle
planning period.
Resolution No. 2023-20
Page 106 of 167
________________________
..
..
Item 1 Page 109 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 99
Program 3: Preservation of At-Risk Housing.
Detail. There is one affordable family housing development in the City of Vernon
funded through Low-Income Housing Tax Credits (LIHTC). This development,
the Vernon Village Park Apartments, is not at risk of conversion to market rate
housing since the development was completed in 2015. Vernon Village Park
Apartments will not be eligible to convert to market rate housing until 2070.
The Vernon Village Park Apartments are on property owned by the City and
ground leased to Meta Housing Corporation, a developer of affordable housing
and operated by Solari Enterprises, a full-service property management
organization specializing in multifamily affordable housing. Because the
development is owned and operated by entities that prioritize affordable
housing, they have a small, but not negligible, risk of converting to market rate
in the far future. Under this program, the City of Vernon will continue to monitor
all units considered at risk of conversion to market rate units in the future. The
City of Vernon continues to also assist property owners in maintaining the
affordability of these units through grants and other means. Finally, the City will
require the timely notification of tenants in the event the owners intend to
convert the affordable units to market-rate units.
Source of Funding. General Fund.
2021-2029 Program Objectives. To continue to monitor the status of the
existing and any new affordable housing units.
Agency Responsible for Implementation. The responsible agency is the City of
Vernon’s Public Works Department, led by the Public Works Director.
Implementation Schedule. The program will be implemented throughout the
6th Cycle.
Resolution No. 2023-20
Page 107 of 167
________________________
..
..
Item 1 Page 110 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 100
Program 4: Housing Opportunities for Residents with Special Needs
Detail. The Fair Housing Act, as amended in 1988, requires that cities and
counties provide reasonable accommodation to rules, policies, practices, and
procedures where such accommodation may be necessary to afford individuals
with disabilities equal housing opportunities. The City has adopted procedures
for housing for persons with disabilities and continues to provide information to
residents through the City’s website. During the 6th cycle, the City will add these
reasonable accommodation procedures into the Municipal code.
Source of Funding. General Fund.
2021-2029 Program Objectives. To continue to implement its reasonable
accommodation procedure on an as-needed basis. Add reasonable
accommodation procedures into the Municipal code.
Agency Responsible for Implementation. The responsible agency is the City of
Vernon’s Public Works Department, led by the Public Works Director.
Implementation Schedule. Necessary reasonable accommodation procedures
will be added into the Municipal Code by the end of 2023. The reasonable
accommodation procedure will be implemented throughout the 6th Cycle.
Resolution No. 2023-20
Page 108 of 167
________________________
..
..
Item 1 Page 111 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 101
Program 5: Priority Water and Sewer Services.
Detail. In accordance with Government Code Section 65589.7, after the
Vernon Housing Element is adopted by City Council, a copy will be immediately
delivered to all public agencies or private entities that provide water or sewer
services to properties within Vernon.
Source of Funding. General Fund.
2021-2029 Program Objectives. To deliver, in timely fashion, a copy of the 6th
Cycle Housing Element to public agencies or private entities that provide water
and/or sewer services within Vernon.
Agency Responsible for Implementation. The responsible agency is the City of
Vernon’s Public Works Department, led by the Public Works Director.
Implementation Schedule. The program will be implemented by the end of
2022.
Resolution No. 2023-20
Page 109 of 167
________________________
..
..
Item 1 Page 112 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 102
Program 6: Environmental Safety Enforcement.
Detail. The City continues to enforce health and environmental safety
regulations of industrial businesses through its Health and Environmental
Control Department (HECD) which can help protect nearby residents. The
Public Works Department will inform HECD of any residential development
applications, construction projects, and certificates of occupancy extended in
the City so that HECD can ensure compliance of neighboring businesses with
applicable regulations in their operations.
Source of Funding. General Fund.
2021-2029 Program Objectives. To enforce health and environmental safety
regulations for industrial businesses operating near residential uses.
Fair Housing Metric. Engagement and compliance review conducted of 75% of
businesses adjacent to new residential developments prior to certificate of
occupancy.
Agency Responsible for Implementation. The responsible agency is the City of
Vernon Health and Environmental Control Department, led by the Director of
Health.
Implementation Schedule. The program will be implemented as residential
projects are permitted and throughout the 6th Cycle.
Resolution No. 2023-20
Page 110 of 167
________________________
..
..
Item 1 Page 113 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 103
Program 7: Equal Housing Opportunity Program.
Detail. The City shall take meaningful actions to address significant disparities
in housing needs and in access to opportunity for all persons regardless of race,
religion, sex, marital status, ancestry, national origin, color, familial status, or
disability, and other characteristics protected by the California Fair
Employment and Housing Act (Part 2.8 (commencing with Section 12900) of
Division 3 of Title 2), Section 65008, and any other state and federal fair
housing and planning law. As the number of privately-owned housing units
increases in Vernon, the City will take actions including:
• Publish on the City’s website clear information warning entities
that would potentially discriminate about the enforcement of
fair housing law;
• Provide a staff point of contact to refer housing-related
complaints to the Housing Rights Center,
• Ensure environmental hazards are not disproportionately
concentrated in low-income communities of color.
• Explore offering training to property owners and managers
regarding responsible management of environmental hazards.
Assist in outreach to tenants to inform them of their rights to
live in habitable housing regardless of income, race, or
immigration status.
• Continue a code enforcement program that holds property
owners accountable, when necessary.
Source of Funding. General Fund and other eligible funding sources.
2021-2029 Program Objectives and Fair Housing Metrics. To establish a point
of contact to refer fair housing complaints to the Housing Rights Center. To
continue a code enforcement program that holds property owners
accountable, when necessary. To publish on the City’s website clear
information warning entities that would potentially discriminate about the
enforcement of fair housing law. To provide fair housing and environmental
hazard education to managers of each new housing development in the City.
Conduct fair housing outreach to 75% of tenants in the City
Agency Responsible for Implementation. The Public Works Department.
Responsible party is the Public Works Director.
Resolution No. 2023-20
Page 111 of 167
________________________
..
..
Item 1 Page 114 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 104
Implementation Schedule. All of the actions associated with this program will
be implemented within a year of the first new private residential development
lease-up date. After the program begins it will continue throughout the planning
period.
Resolution No. 2023-20
Page 112 of 167
________________________
..
..
Item 1 Page 115 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 105
Program 8: Westside Mixed Use District Zoning Amendment.
Detail. The City of Vernon is preparing a Zoning Amendment for the Westside
of the City. This Zoning Amendment seeks to increase the residential
population in order to increase access to proportiona lly allocated Federal and
State funding, to strengthen the City’s governance by providing more voters
and candidates for elected office, and to help meet regional housing need s. It
will also diversify and reorient the Westside’s land uses to take advantage of
changes in the economic landscape of Southern California.
The Zoning Amendment will define focused areas where residential uses will be
permitted by-right. Development standards and procedures in these zones will
allow multifamily residential development in new multistory and adaptively
reused buildings. The Zoning Amendment will feature a form-based approach
which will allow heights of 3-7 stories in certain areas and will accommodate
densities of at least 50 dwelling units per acre. The Zoning Amendment will
rezone a minimum of 16 acres of land within the westside of Vernon. Both
housing sites in this Element’s inventory are included within the Westside
Mixed Use District Zoning Amendment area. These two sites are subject to
Government Code 65583.2, Subdivisions H and I, including requirements for
by-right approval and minimum densities and development standards. The City
will ensure development standards will achieve maximum densities and revise
as necessary.
The zoning amendment will also permit or streamline the development of retail
businesses, creative offices, production retail outlets, artisan and craft
businesses, live/work residences, etc. A modest requirement for nonresidential
space as a part of each development will be included. Thus, the amendment
will increase amenities available to local residents and workers, in response to
the identified fair housing issues (Table H-2) of some residences not being
located close to commercial amenities, and the lack of access to jobs and
education for people with disabilities and people who do not own cars.
The EIR for the Westside Mixed Use District Zoning Amendment found no
deficits in the infrastructure services required to accommodate new residential
development on the Westside. Street improvements, such as complete streets
interventions and truck restrictions on key residential corridors, will be
evaluated for feasibility during the sixth cycle through Program 21
(Environmental Enhancements). Additionally, the Westside Mixed Use District
Zoning Amendment will permit transitional and supportive housing wherever
multifamily housing is permitted, plans to permit low barrier navigation centers
wherever multifamily housing is permitted, permit manufactured housing in all
residential zones, and designate the Santa Fe North Zone for by-right
emergency shelters of up to 40 beds, along with complying with all other state
Resolution No. 2023-20
Page 113 of 167
________________________
..
..
Item 1 Page 116 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 106
requirements. Emergency shelters of up to 40 beds will be permitted by right in
the Santa Fe North zone once the Zoning Amendment is adopted . Zoning
standards for emergency shelters in the Santa Fe North zone will be compliant
with AB 2339, including the elimination of parking standards or requirement to
provide only employee parking, and exemption from design review.
In order to ensure a healthy environment for residents, and ad dress the
identified fair housing issue (Table H-2) of high level of pollution burden and
health risks, the Zoning Amendment will also establish health requirements for
residential buildings, including minimum separation requirements from
facilities with heavy truck use and/or modified development standards to
mitigate the noise and air quality impacts of these neighboring facilities,
buffering standards, and high efficiency air filter requirements.
Source of Funding. General Fund.
2021-2029 Program Objectives. To adopt a Zoning Amendment for the
Westside of the City which permits by-right residential uses and by-right
emergency shelters of up to 40 beds within the Santa Fe North zone.
Fair Housing Metrics. At least 100 new residential units constructed, including
9 lower-income units to satisfy the City’s RHNA. At least 10,000 square feet of
new commercial amenities and job-producing uses will be constructed within
the Westside Mixed Use District. All new residential buildings will comply with
health standards.
Agency Responsible for Implementation. The responsible agency is the Public
Works Department. The responsible party is the Public Works Director.
Implementation Schedule. The Zoning Amendment is currently under
development and will be adopted by July 2023.
Resolution No. 2023-20
Page 114 of 167
________________________
..
..
Item 1 Page 117 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 107
Program 9: Mixed-Use Development Marketing
Detail. After the City of Vernon completes the Westside Mixed Use District
Zoning Amendment the City will initiate a Mixed-Use Development Marketing
program to inform the developers of the new opportunity that will exist on the
Westside of the City. This marketing program aims to market the Westside of
Vernon as a hybrid industrial, mixed-use district which welcomes residential
development.
This program will create a municipal development coordinator function who will
be responsible for marketing the new Westside of Vernon, generating interest
in residing and conducting business on the Westside. The marketing program
will have two prongs: one targeted at the development community (property
owners, real estate agents and developers), pointing out that mixed-use
development, including multifamily residential, commercial and light
industrial, are welcome in areas of the Westside, and can be quite profitable;
and one targeted at potential residents and customers, raising the profile of the
area.
Development coordinator responsibilities include creating a comprehensive
branding program which will include putting up a gateway sign reflecting the
new image of the Westside, holding events such as art tours which will highlight
local Westside businesses and generate a buzz for the new Westside , and
advertising and marketing the new Westside in selected publications.
City’s Role in Implementation. The City of Vernon Public Works Department is
responsible for the implementation of this program.
Source of Funding. General Fund.
2021-2029 Program Objectives. To identify a development coordinator who
will prepare a marketing plan for the Westside Mixed Use District Zoning
Amendment.
Agency Responsible for Implementation. The responsible agency is the Public
Works Department. The responsible parties are the Development Coordinator
and the Public Works Director.
Implementation Schedule. The development coordinator function will be
created, and the marketing plan initiate implementation by mid-2023. The
marketing plan will continue over the sixth cycle planning period.
Resolution No. 2023-20
Page 115 of 167
________________________
..
..
Item 1 Page 118 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 108
Program 10: Medium-Density Residential Zoning
Detail. A large amount of housing in the City of Vernon is situated on land not
zoned for residential uses. This program includes adopting a zoning
designation to make all existing housing conforming. The zoning designation
may take the form of an overlay zone or a re-zone.
In addition, the program will allow a few units to be built per property. In most
cases, the new residential zoning capacity of the housing sites will be larger
than the number of existing residential units on the sites. The program will also
permit manufactured housing in the same areas as other types of housing.
Source of Funding. General Fund.
2021-2029 Program Objectives. To adopt a new medium-density residential
zoning designation in the zoning code and map. Permit manufactured housing
in the same areas as other types of housing.
Agency Responsible for Implementation. The responsible agency is the Public
Works Department. The responsible party is the Public Works Director.
Implementation Schedule. The program will be implemented by the end of
2024.
Resolution No. 2023-20
Page 116 of 167
________________________
..
..
Item 1 Page 119 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 109
Program 11: Accessory Dwelling Unit Ordinance.
Detail. The City of Vernon will develop and adopt an ADU ordinance within the
sixth cycle planning period. The ADU ordinance will be in conformance with
State law and encourage accessory dwelling unit construction. The changes
will be advertised on the City’s website and printed handouts will be prepared
and provided at the Planning counter.
Funding permitting, the City will also seek to encourage the creation of
affordable ADUs through partnerships with entities that can make low-interest
loans or other types of financial assistance.
The City will explore monitoring the production and affordability of ADUs in the
City through regular communication with property owners.
Lastly, in the event the City receives an ADU application which is not
subsequently followed up on by the property owner, the City will reach out to
the property owner to gain information about why the property owner was
unable to build their ADU. This outreach would take the form of a with a
windshield tour and phone call to each property owner who submitted an ADU
application but did not follow through on the permitting process until
Certificate of Occupancy. The results of this research will inform further actions
that can be undertaken to address physical, financial, or informational
boundaries in the ADU process.
Source of Funding. General Fund (zoning implementation), and other eligible
funding sources.
2021-2029 Program Objectives. To develop, adopt, and implement the ADU
Ordinance in accordance with State Law. Evaluate incentives for creating
affordable ADUs. Monitor the production and affordability of ADUs in Vernon
on a biennial basis. Will be establishing incentives and partnerships for ADUs
by mid 2024.
Agency Responsible for Implementation. The responsible agency is the Public
Works Department. The responsible party is the Public Works Director.
Implementation Schedule. The ADU Ordinance will be developed and adopted
by mid-2023. Monitor the production and affordability of ADUs in Vernon on a
biennial basis, starting at the end of 2023.
Resolution No. 2023-20
Page 117 of 167
________________________
..
..
Item 1 Page 120 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 110
Program 12: Caretaker Housing
Detail. Caretaker housing is generally occupied by the owner of an industrial
property or their employee and serves the purposes of providing housing,
security, and care to the industrial property during off hours. Many cities allow
one or more caretaker housing units to be constructed and occupied on the
sites of industrial establishments. These units often take the form of a second-
story apartment unit or detached modular home.
Businesses in Vernon have with regularity expressed interest in permitting
caretaker housing units to be constructed on-site. Furthermore, code
enforcement actions have revealed that several properties in Vernon provide
housing illegally today, for example by parking inhabited RVs on the property.
The City will adopt a code amendment to allow caretaker housing to be
constructed on industrial properties in appropriate locations throughout the
City, as long as such housing does not injure the health and welfare of residents
or other industrial users.
Source of Funding. General Fund.
2021-2029 Program Objectives. To adopt a zoning code amendment to permit
up to three caretaker housing units to be constructed per industrial facility in
appropriate locations.
Agency Responsible for Implementation. The responsible agency is the Public
Works Department. The responsible party is the Public Works Director.
Implementation Schedule. The code amendment will be adopted by 2025.
Resolution No. 2023-20
Page 118 of 167
________________________
..
..
Item 1 Page 121 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 111
Program 13: Housing Lottery
Detail. Since the institution of the City’s good governance reforms in the early
2010’s, the City has used a lottery system to guide the lease-up of vacant City-
owned residential units. The City conducts quarterly marketing of housing
opportunities through its website, Craigslist, postings at City Hall, and a local
newspaper. In addition, the Vernon Police Department and Fire Department
advertise housing availability to its employees. Interested applicants file
interest forms which are valid for one year. (The City currently has 54 interest
forms on file.) When a housing unit opens up, the City asks for confirmation of
interested parties’ interest, and conducts the lottery. There is a priority for First
Responders; if less than four units are currently occupied by Vernon First
Responders, any First Responder applicants will be ranked higher than other
applicants.
Source of Funding. General Fu nd.
2021-2029 Program Objectives. To continue to administer the housing lottery
system in the selection of tenants for City-owned housing units.
Agency Responsible for Implementation. The Vernon Housing Commission, in
conjunction with the City Clerk’s office, are responsible for this program. The
responsible party is the City Clerk.
Implementation Schedule. Advertisement for Notices of Availability will be
conducted quarterly, and lotteries held as vacancies arise, throughout the 6th
Cycle.
Resolution No. 2023-20
Page 119 of 167
________________________
..
..
Item 1 Page 122 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 112
Program 14: Housing Grant Application Working Group.
Detail. The City desires to seek out grants that can expand revenue for
important housing programs while providing more financial flexibility for
General Fund revenues. As opportunities arise, the City will form an
interdepartmental working group to identify unmet housing needs and focus on
appropriate regional grant opportunities.
Source of Funding. General Fund.
2021-2029 Program Objectives. To regularly monitor and seek grant funds to
advance the City’s housing objectives.
Agency Responsible for Implementation. The responsible agencies are the
Public Works Department, City Administration, and the Finance Department.
The responsible party is the Public Works Director.
Implementation Schedule. The City will annually monitor and seek grant funds
to advance the City’s housing objectives over the sixth cycle planning period.
Resolution No. 2023-20
Page 120 of 167
________________________
..
..
Item 1 Page 123 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 113
Program 15: Employee Workforce Housing
Detail. The City of Vernon is a large job center; however, at this time very few
Vernon workers are able to work and live in Vernon. Some Vernon workers are
likely to live in Vernon if given the opportunity. Employers that can provide on-
site and local affordable housing for its workers can reduce transportation
costs, commute time, and improve quality of life while improving job retention
rates. The City will cooperate with business owners that seek to develop
employee housing in the City. This may include assisting in obtaining financing
and identifying means for employee housing to be managed. Program
eligibility, equity, and other issues would need to be explored to provide a
template that sets the stage for a housing project that advances this concept.
In the course of its regular business, for example, while extending business
licenses and in meetings with business owners, the Public Works Department
will inform local business owners of their ability to develop employee workforce
housing for their employees.
At the same time that the City encourages employee housing, it will also ensure
that such housing does not constitute an overconcentration of residents
employed by any one business in the electorate of the City.
Source of Funding. General Fund.
2021-2029 Program Objectives. To cooperate with businesses who seek to
establish employee workforce housing in the City.
Agency Responsible for Implementation. The responsible agencies include the
City of Vernon Public Works Department. The responsible party is the Public
Works Director.
Implementation Schedule. The program will be implemented throughout the
6th Cycle.
Resolution No. 2023-20
Page 121 of 167
________________________
..
..
Item 1 Page 124 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 114
Program 16: City-Owned Housing Disposition Study
Detail. Prior to the City’s good governance reforms, tenancy in City-owned
housing was managed in a questionable fashion. To provide long-term
protection against any repetition of these practices, the City will consider
divesting itself of its 26 housing units.
The City will undertake a study to identify and evaluate options relating to the
future management of City-owned housing. Options to be considered include:
• Continuing to operate City-owned housing with the same
processes as exist today to ensure transparency and fairness in
the occupancy of housing units.
• Selling properties, including the exploration of a first-time
homebuyer down payment assistance program, and first right
of offer provided to current tenants to enable them to build
equity. As a variation, the City could sell interest in the
structures, while retaining long-term control over the land.
The study would also address questions of legal and financial constraints to all
options and provide guidelines for the appropriate prices at which units could
be disposed.
Source of Funding. General Fund.
2021-2029 Program Objectives. To undertake a study to identify and evaluate
options relating to the future of City-owned housing.
Agency Responsible for Implementation. The responsible agency is the Public
Works Department. The responsible party is the Public Works Director.
Implementation Schedule. The disposition study will be undertaken by 2027.
Resolution No. 2023-20
Page 122 of 167
________________________
..
..
Item 1 Page 125 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 115
Program 17: Review and Removal of Governmental and Nongovernmental
Constraints
Detail. This program is an existing program that will be continued through the
2021-2029 Planning Period. This program involves the continued
comprehensive review of the City’s Zoning Ordinance to identify undue
constraints to the production of housing. In the event a constraint is identified,
the zoning requirements will be revised. Specific tasks include:
• The City will adopt a checklist and a written procedure to
comply with the SB 35 Streamlined Ministerial Approval
Process to process applications using this State law.
• The City will amend the zoning ordinance to permit residential
care facilities serving seven (7) or more persons in all residential
zones objectively and similar to other residential uses in the
following residential zones within the Westside Mixed Use
District Zoning Amendment: MU-CC, MU-S, and MU-N.
”Create a definition of small employee housing (6 or fewer
residents) within the Zoning Code and permit small employee
housing within all zones where single-family residential uses are
permitted.
• Per AB 101, the City will review its zoning ordinance and make
revisions if necessary to allow low barrier navigation centers for
the unhoused per Government Code 65660-65668.
• Permit by-right transitional and supportive housing within the
entire City where multifamily and mixed-uses are permitted,
including nonresidential zones permitting multifamily uses
pursuant to Government Code section 65651.
• Create standards for street widths within residential
subdivisions and establish additional standards for on and off-
site improvements, as deemed necessary through a review.
• Provide all zoning and development standards, and fees for
each parcel with its jurisdictional boundaries on the City’s
website.
• Amend or adopt the Density Bonus Ordinance to comply with
State Density Bonus Law.
• Eliminate or modify parking requirements for the Emergency
Shelter Overlay Zone to comply with AB 2339.
Source of Funding. General Fund and other eligible funding sources.
Resolution No. 2023-20
Page 123 of 167
________________________
..
..
Item 1 Page 126 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 116
2021-2029 Program Objectives. The City of Vernon will adopt ordinances
modifying the zoning ordinance to remove the constraints and State law
unconformities addressed above.
Agency Responsible for Implementation. The Lead Agency for the program’s
implementation is the Public Works Department. The responsible party is the
Public Works Director.
Implementation Schedule. All code updates will be made by the end of 2023.
Resolution No. 2023-20
Page 124 of 167
________________________
..
..
Item 1 Page 127 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 117
Program 18: Energy Conservation
Detail. The City will review the City’s Zoning Ordinance and subdivision
requirements, as well as other applicable codes, to promote energy
conservation in housing rehabilitation and in the construction of new housing.
This program will supplement existing City efforts in the enforcement of the
State’s construction codes requiring energy efficiency in new construction.
This program will ensure that developers and/or architects incorporate certain
State-mandated energy and water conserving equipment in new development.
The City’s website will be expanded to include a section that will refer users to
a wide range of initiatives from other energy and water providers that will be
effective in helping to conserve these resources. The programs will include
rebates from other energy providers for energy conserving refrigerators, water
heaters, and other household appliances. The key elements of this program
include the following:
• The City will encourage and support cost-effective energy
technologies (passive solar space heating and cooling and
water conservation) in the review of new residential
development.
• The City’s website will be updated to publicize the availability of
the various rebate programs and tax incentives that will reduce
the cost of installing energy-saving devices.
• The City will review the Zoning Ordinance to ensure that there
are no requirements that are overly restrictive concerning the
installation of solar panels. The City will then amend the Zoning
Ordinance to ensure that solar panels are permitted in all Zone
Districts.
• The City shall promote water conservation (e.g., drought-
tolerant landscaping, water conserving plumbing fixtures) in
the review of new development. No additional funding and/or
staffing will be required or are anticipated with this program’s
continued implementation.
City’s Role in Implementation. The Public Works Department is solely
responsible for the implementation of this program.
Source of Funding. General Fund and other eligible funding sources.
2021-2029 Program Objectives. The City of Vernon Public Works Department
will ensure the appropriate Zoning Ordinance section related to energy
conservation requirements are updated so they conform to State Law. The City
Resolution No. 2023-20
Page 125 of 167
________________________
..
..
Item 1 Page 128 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 118
will be proactive in advertising energy conservation programs through handout
materials that will be available at the public counter through the City’s web
page, social media outlets, and through periodic advertisements in the City
newsletter.
Agency Responsible for Implementation. The Lead Agency for the program’s
implementation is the Public Works Department. The responsible party is the
Public Works Director.
Implementation Schedule. The program will be implemented during the
duration of the 6th Cycle planning period.
Resolution No. 2023-20
Page 126 of 167
________________________
..
..
Item 1 Page 129 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 119
Program 19: Extremely Low-Income, Very Low-Income, and Low-Income
Housing Program.
Detail. This program targets both “for-profit” and “non-profit” developers so
they may play a larger role in the provision of affordable housing in Vernon.
Their role is especially crucial following the elimination of redevelopment. The
City provides regulatory incentives and financial assistance to developers to
complete both ownership and rental housing for very low-, low-, and moderate-
income households. Under this program, the City intends to maintain, on an
ongoing basis, a vacant and underutilized residential sites inventory and
provide sites information to interested developers; and to provide technical
assistance for lower-income developments to housing providers. The City will
apply for financial incentives through HOME funds (which are obtained through
the Los Angeles County Development Authority’s competitive process) and
regulatory incentives, including but not limited to density bonuses and flexible
development standards, to private developers to increase the supply of
affordable housing. If there are any housing developments on City-owned land
which are currently in the pipeline, prior to the approval stage, these
developments will be examined to determine how and whether affordable
housing can be incorporated, and future RFPs for development on City-owned
land will explicitly encourage affordable housing.
In addition to promoting new housing for very low-income, low-income, and
moderate-income households, the City is committed to identifying strategies
that promote housing opportunities for extremely low-income households. This
income group represents those individuals and/or households that have annual
incomes of less than 30% of the County median. These individuals are
essentially working at minimum wage levels. Individuals in this group are
typically forced to live with family members or others (if that is an option) or to
share housing (often resulting in overcrowding). Because of the challenges
associated with providing housing opportunities for extremely low-income
households, this subset consists of the implementation elements:
• The City work with developers of SRO housing to set-aside a
specified number of housing units in return for density bonus
concessions.
• The City will aggressively utilize regulatory incentives, including
but not limited to density bonus concessions to encourage
private developers to increase the supply of affordable housing
for extremely low-income individuals and/or households.
• The City will encourage the development of Accessory Dwelling
Units as a means to provide housing for extremely low-income
individuals or households, including but not limited to exploring
Resolution No. 2023-20
Page 127 of 167
________________________
..
..
Item 1 Page 130 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 120
financial incentives for affordable ADUs as described in
Program 11.
• Maintain compliance with the Surplus Land Act throughout the
2021-2029 Housing Element period.
A third component of this affordable housing program is geared towards those
individuals that not only need affordable housing but also have special housing
needs related to a developmental disability. The State Department of
Developmental Services (DDS) administers developmental disabilities
programs through regional centers. The Frank D. Lanterman Regional Center
and the South Central Los Angeles Regional Center serve the City of Vernon.
This program element consists of the following components:
• The City will encourage the retrofitting of housing for individuals
with developmental disabilities.
• The City will work with the two Regional Centers to implement
an outreach program that informs families in Vernon regarding
housing and services that are available for persons with
developmental disabilities. The program could include the
development of an informational brochure, including
information on services on the City’s website, and providing
housing-related training for individuals/families through
workshops.
• The City will work with the Regional Centers to identify funding
sources that can address the housing needs of developmentally
disabled persons, including any potential funding sources for
the construction of new housing for developmentally disabled
residents.
A fourth component of this affordable housing program is geared towards
physically disabled residents and seniors. Physically disabled residents and
seniors often need special accommodations in their homes. Under this
program, the City will pursue available funding sources to assist in the
retrofitting of housing for disabled residents and seniors and new construction
of universally designed housing units.
As the fifth component of this affordable housing program the City will explore
opportunities for adaptive reuse of existing non-residential structures into
residential uses for special needs groups, including extremely low-income
households.
A sixth component of this affordable housing program is geared towards female
headed households, many of which are lower income. Many female headed
households need to live in affordable housing in order to avoid being rent
Resolution No. 2023-20
Page 128 of 167
________________________
..
..
Item 1 Page 131 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 121
burdened or severely rent burdened. Under this program, t he City will pursue
available funding sources to assist in the new construction of affordable, family
size housing units.
A seventh component of this affordable housing program is geared toward
Vernon’s homeless population. Homeless residents in Vernon are in need of
permanent supportive housing units. Under this program, the City will pursue
available funding sources to assist in the new construction of permanent
supportive housing units.
City’s Role in Implementation. The Public Works Department is solely
responsible for the implementation of this program.
Source of Funding. General Fund and other eligible funding sources.
2021-2029 Program Objectives. The City will pursue available funding sources
to assist in the development of lower income housing, including extremely low-
income housing. The City apply for State and Federal assistance including, but
not limited to CDBG and HOME funding. The City will send out an annual
communication to developers of affordable and special needs housing
discussing available funding sources to assist in the development of lower
income, including extremely low-income housing and housing suitable for
special needs populations. The City will explore opportunities for adaptive
reuse of existing non-residential structures into residential uses for special
needs groups, including low-income households.
Agency Responsible for Implementation. The Lead Agency for the program’s
implementation is the Public Works Department. The responsible party is the
Public Works Director.
Implementation Schedule. The program will be implemented during the
duration of the 6th Cycle planning period. The communication to developers will
be sent out annually, starting by the end of 2023.
Resolution No. 2023-20
Page 129 of 167
________________________
..
..
Item 1 Page 132 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 122
Program 20: Small Site Development Facilitation and Lot Consolidation
Detail. The Westside Mixed-Use District includes many smaller sites which are
to be zoned for by-right mixed-use development. In order to facilitate the
development of these sites as small sites and/or as consolidated lots, the City
of Vernon will provide development incentives including but not limited to the
following, as necessary:
• Evaluating consolidated development sites together, even when
proximate but not adjacent, so that required project elements such
as nonresidential space, open space and parking can be provided
in the most efficient location.
• Granting more flexible height and parking standards, when
affordable housing is included.
• Supplement land area of small sites by repurposing the public right-
of-way, for example taking parking lanes for open space, or
vacating unnecessary rights-of-way.
These incentives will be specifically explored for the parcels at 5592-5600
South Santa Fe Avenue which are included in the sites inventory.
The City will also publish the building and parcel analyses conducted as a part
of the Westside Specific Plan Baseline Studies (January 2021) on its website.
These analyses identified high-quality candidate parcels for redevelopment
and adaptive reuse. The City will also contact owners of contiguous vacant and
underutilized sites to introduce the idea of parcel consolidation, explaining
Westside Mixed Use District standards and potential incentives under this
program to make site assembly feasible, and offering technical assistance.
The City will monitor the effectiveness of these strategies to address the
housing needs of lower-income households and adopt alternative strategies as
needed to ensure effectiveness of the program.
City’s Role in Implementation. The Public Works Department is responsible for
the implementation of this program.
Source of Funding. General Fund and other eligible funding sources.
2021-2029 Program Objectives. The City of Vernon will offer development
incentives as necessary to accommodate redevelopment on small sites/sites
requiring consolidation within the sites inventory. The City will publish building
and parcel analyses identifying candidate parcels for redevelopment on its
website. The City will contact owners of underutilized sites to introduce the idea
of parcel consolidation.
Resolution No. 2023-20
Page 130 of 167
________________________
..
..
Item 1 Page 133 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 123
Agency Responsible for Implementation. The Lead Agency for the program’s
implementation is the Public Works Department. The responsible party is the
Public Works Director, with support from the Development Coordinator (see
Program 9).
Implementation Schedule. The program will be implemented throughout the
duration of the 6th cycle period; however, incentives will be discussed with the
property owners of 5562-5600 S Santa Fe Avenue, and building and parcel
analyses will be posted on the City’s website by 2023.
Resolution No. 2023-20
Page 131 of 167
________________________
..
..
Item 1 Page 134 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 124
Program 21: Environmental Enhancements.
Detail. The City will evaluate the feasibility of street improvements for streets
in Vernon with residential uses. If the City finds certain improvements feasible,
the City will seek eligible sources of funding. Street improvements to residential
streets would improve the pedestrian experience for Vernon’s residents.
Source of Funding. General Fund and other eligible funding sources.
2021-2029 Program Objectives. To evaluate the feasibility of street
improvements for streets with residential uses in Vernon.
Agency Responsible for Implementation. The responsible agencies are the
Public Works Department and the Finance Department. The responsible party
is the Public Works Director.
Implementation Schedule. The City will annually evaluate the feasibility of
street improvements for streets in Vernon with residential uses throughout the
sixth cycle.
Resolution No. 2023-20
Page 132 of 167
________________________
..
..
Item 1 Page 135 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 125
Program 22: Environmental Justice.
Detail. Through this program the City commits to a number of actions to
address environmental justice concerns:
• First, the City will complete a General Plan Environmental Justice
Element by the end of 2027.
• Second, the City will continue to coordinate with the California
Department of Toxic Substances Control (DTSC) on the Exide
Residential cleanup for residential units within the City. As part of the
Exide Residential cleanup the DTSC oversees the investigation and
cleanup of the residential properties, schools, parks, daycare, and
childcare centers within the approximately 1.7-mile radius area of the
former Exide Technologies (Exide) facility in Vernon, California.
• Third, the City will undertake efforts to increase transit ridership by
implementing the Transportation Demand Management (TDM)
standards within the Westside Mixed Use District Zoning Amendment,
which require informing residents and tenants of new developments of
transit options.
• Fifth, the City will continue to cooperate with Metro, the Army Corps of
Engineers and other agencies on the creation of the LA River Bike Path.
• Sixth, the City will hold one meeting every two years at the affordable
Vernon Village Park Apartment for residents to inform them of City
services and inform them of opportunities to become involved with
municipal decision making, including the Environmental Justice
Element.
Source of Funding. General Fund and other eligible funding sources.
2021-2029 Program Objectives. To create an Environmental Justice Element.
To collaborate with DTSC on Exide Residential cleanups for Vernon residences.
To provide education to residents on affordable transit options. To collaborate
on the creation of the LA River Bike Path. To conduct biannual outreach to
Vernon Village Park Apartment residents to inform them of City services. To
implement the TDM standards.
Agency Responsible for Implementation. The responsible agencies are the
Public Works Department. The responsible party is the Public Works Director.
Resolution No. 2023-20
Page 133 of 167
________________________
..
..
Item 1 Page 136 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 126
Implementation Schedule. The City will biannually conduct outreach to Vernon
Village Park Apartment residents. The City will complete an Environmental
Justice Element by the end of 2027. The City will work with DTSC annually on
Exide Residential cleanups, as needed. The City will implement TDM standards
as a matter of extending certificates of occupancy to new developments within
the Westside Mixed-Use districts starting in 2023. The City will collaborate on
the LA River Bike Path throughout the sixth cycle.
Resolution No. 2023-20
Page 134 of 167
________________________
..
..
Item 1 Page 137 of 171
Appendix E: Housing Programs Detail
Housing Element 2021 – 2029 | City of Vernon - 127
Resolution No. 2023-20
Page 135 of 167
________________________
..
..
Item 1 Page 138 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 128
Appendix F: Summary Of Recent Housing
Legislation
The 2021-2029 Housing Element reflects the evolving legislative priorities of
the California Legislature and Senate. This included a number of housing-
related bills in 2020 that addressed streamlining housing approvals,
affordability issues, and responses to the COVID-19 pandemic of 2020-2021.
COVID-19 Responses
• Assembly Bill (“AB”) 3088 – COVID-19 Emergency Relief
(Chiu) protected tenants from evictions between September 1,
2020, and January 31, 2021, due to COVID-19 related financial
hardship provided the tenant pays at least 25% of the rent due
to the landlord. Landlords can eventually recover all unpaid rent
from the tenant in small claims court, but it can never be the
basis for an eviction. On January 29, 2021, Governor Newsom
extended the eviction moratorium through June 30, 2021.
• AB 1561 – Housing Entitlement Extension (Garcia) extended
the period for the expiration, effectuation or utilization of a
housing entitlement that was in effect on March 4, 2020, and
will expire before December 31, 2021, by 18 months. Housing
entitlements include discretionary and ministerial approvals
from a state or local agency, but exclude development
agreements, a preliminary application under SB 330, and an
application for a SB 35 permit.
Density
• AB 2345 – Density Bonus Law (Gonzalez and Chiu) allows local
jurisdictions the authority to grant additional concessions and
incentives above and beyond what is currently provided under
state Density Bonus Law, including the increase of the
maximum density bonus to up to 50% based on an updated
sliding scale of housing affordability. The legislation also
includes a uniform method to measure the distance between a
major transit stop and a project location to maximize the
number of eligible properties within a half-mile radius of a major
transit stop. The bill also reduces maximum parking
requirements for eligible projects and eliminates parking
requirements for 100% affordable projects and senior housing
projects that meet specified criteria.
Resolution No. 2023-20
Page 136 of 167
________________________
..
..
Item 1 Page 139 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 129
Streamlining Housing Approvals
• AB 1851 – Parking Lot of Religious Institutions
(Wicks) prohibits a local jurisdiction from denying a housing
development project proposed by a religious institution, or a
developer working with a religious institution, solely on the basis
that the project will reduce the total number of parking spaces
available at the place of worship, provided that the total
reduction does not exceed 50% of existing parking spaces. The
bill authorizes a local jurisdiction to require up to one parking
space per unit for a religious institution affiliated housing
project.
• AB 3182 – Right to Rent in HOAs / ADU Permits (Ting) prohibits
a Homeowners Association from adopting or enforcing a
provision that restricts the rental or lease of a house or condo,
except that the HOA may restrict short-term rentals of 30 days
or less. This legislation deems a permit application for the
creation of an accessory dwelling unit or junior accessory
dwelling unit approved if the local agency has not acted upon
the completed application within 60 days.
• AB 831 – Modifications and Clarifications to SB 35
(Grayson) amends SB 35, which allows some housing and
mixed-use projects to qualify for a streamlined, ministerial
CEQA- exempt approval process if the project meets the local
government’s objective zoning and design review standards,
provides a specific minimum number of affordable housing
units, agrees to pay prevailing wages, and meets other
qualifying criteria. It also helps ensure that cities do not use
post-entitlement review processes to avoid the intent of SB 35’s
ministerial approval process.
• AB 168 – Tribal Resources (Aguiar-Curry) requires local
governments to conduct a scoping consultation with Native
American Tribes before processing a SB 35 application to
determine if the proposed development could impact a
potential tribal cultural resource. The bill makes a project
ineligible for streamlining under SB 35 if the Native American
Tribe does not agree that no potential tribal cultural resource
would be affected by the proposed development. This bill took
effect on September 25, 2020.
• SB 1030 – Housing Omnibus (Wiener) provides minor
technical fixes to existing housing legislations. It revised the
definition of “deemed complete” under the Housing
Resolution No. 2023-20
Page 137 of 167
________________________
..
..
Item 1 Page 140 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 130
Accountability Act (SB 330) to include the submission of a
completed application if the applicant has not submitted a
preliminary application. This bill took effect on September 25,
2020.
• AB 3308 – Teachers Housing (Gabriel, Mullin, and Quirk-
Silva) permits school districts to restrict occupancy on land
owned by school districts to teachers and school district
employees of the school district that owns the land. This
includes permitting school districts and developers in receipt of
tax credits designated for affordable rental housing to retain the
right to prioritize and restrict occupancy on land owned by
school districts to teachers and school district employees.
Planning
• AB 725 – Housing Element Location Designation
Requirements (Wicks) imposes new requirements for city
housing element updates that are required to be prepared
under the already underway 6th Cycle of the Regional Housing
Needs Assessment (“RHNA”) process. AB 725 requires that
cities designate sites to meet at least 25% of a jurisdiction’s
share of the regional housing need for moderate-income
housing, and at least 25% of a jurisdiction’s share of the
regional housing need for above moderate-income housing. For
these sites, zoning that allows at least 4 units of housing, but
not more than 100 units per acre of housing, is required. This
bill will take effect on January 1, 2022.
Resolution No. 2023-20
Page 138 of 167
________________________
..
..
Item 1 Page 141 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 131
CEQA
• SB 288 – New CEQA Exemption for Sustainable Transportation
Projects (Weiner) creates a new CEQA exemption for certain
classes of qualifying transit-related projects until January 1,
2023. To qualify, the project must be carried out by a public
agency, be located in an urbanized area and within an existing
public right-of-way, not require demolition of affordable
housing units, be completed by skilled and trained workforces,
and not entail adding physical infrastructure that would
increase new automobile capacity.
Tenant & Homeowner Rights
• AB 2463 – Ban on Forced Sale of Home Due to Consumer Debt
(Wicks) prohibits a sale under execution of a judgement lien of
a judgment debtor’s principal place of residence based on a
consumer debt unless that debt was secured by that principal
place of residence at the time it was incurred.
• AB 2782 – Mobile Home Rent Control (Stone) allows rent
control on mobile home leases that are more than 1 year
long. This legislation will take effect on January 1, 2025.
• SB 1079 – Foreclosure Sales (Skinner) requires a seller to
receive offers from tenants and potential owner-occupiers in a
foreclosure sale. The legislation prohibits the bundling of
properties during an auction. This legislation will be operational
between January 1, 2021, and January 1, 2026.
• SB 1157 – Optional Credit Reporting for Tenants
(Bradford) allows tenants in certain buildings who want to build
a credit history to request that their landlord report their rent
payments to a credit agency. This legislation will be operational
between July 1, 2021, and July 1, 2025.
• SB 1190 – Right to End Lease Early for Victims of Violent Crime
(Durazo and Rubio) authorizes a tenant to terminate their
tenancy without penalty because an immediate family member,
as defined, was the victim of a crime, and would expand the list
of eligible crimes to include, among others, a crime that caused
bodily injury or death. The legislation authorizes a tenant to
attach to the notice any form of documentation that reasonably
verifies that the qualifying crime or act occurred.
Resolution No. 2023-20
Page 139 of 167
________________________
..
..
Item 1 Page 142 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 132
Some of these 2020 legislation priorities created deficiencies in the City’s 5th
Cycle Housing Element and/or Zoning Ordinance that required follow-up
through this update of the Housing Element. Table G-1 summarizes some of
those deficiencies.
Summary of Pending Housing Legislation (as Spring 2021)
Since the adoption of the 2014-2021 Housing Element, substantial legislation
in Sacramento has been added. Most of these housing laws addressed topics
like permit streamlining, tenant rights, and homeowner rights that are not
addressed by the broad programs called for the by the City. However, some of
these developments will necessitate updates to applicable policies in the
upcoming Housing Element update. The following table identifies major
pending State housing legislation as of Spring 2021 since the 5 th Cycle
Housing Element was adopted.
As of Spring 2021, the 2021-2022 California legislative session began with a
focus on the housing crisis with a “Building Opportunities for All” housing
package. This includes a number of bills that builds upon the housing
production bills from the 2020-2021 legislative session that failed to pass out
of committee or gain concurrence votes before the session ended. The Building
Opportunities for All housing package includes the following Senate Bills
(“SB”):
• SB 5 (Atkins, Caballero, McGuire, Rubio, Skinner and
Wiener) establishes the broad, initial framework for a statewide
housing bond that would fund the creation of new affordable
housing for houseless and low-income families. Further details
will be crafted as the legislative session progresses.
• SB 6 (Caballero, Eggman and Rubio) allows specified housing
development projects in office or retail commercial zones. In
authorizing the conversion of underutilized strip malls or “big
box” stores to residential spaces, SB 6 requires the residential
units be built at a minimum density to accommodate affordable
housing. This is similar to last session’s SB 1385, which was
also introduced by Senator Anna Caballero.
• SB 8 (Skinner) is a placeholder for a density bonus bill.
• SB 7 (Atkins) renews the effort to extend the streamlined CEQA
judicial review process developed for Environmental
Leadership Development Projects under the 2011 Jobs and
Economic Improvement Through Environmental Leadership
Act (AB 900). SB 7 would extend the 2021 “sunset” of AB 900
Resolution No. 2023-20
Page 140 of 167
________________________
..
..
Item 1 Page 143 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 133
through 2024. Pro Tem Toni Atkins also introduced last
session’s version of this bill, SB 995.
• SB 9 (Atkins, Caballero, Rubio and Wiener) allows duplexes and
lot-splits in single-family residential zones by-right, if the
proposed development meets certain requirements. This is a
reintroduction of last session’s SB 1120. It retains the arbitrary
and impractical requirement that, for a subdivision map to
qualify for ministerial approval, the two new parcels that
replace the existing single parcel must be of equal size.
• SB 10 (Wiener) grants local governments the ability to rezone
parcels close to job centers, transit and existing urbanized
areas to allow up to 10 residential units without undergoing
CEQA review. Last year’s version of this bill was SB 902, also
introduced by Senator Scott Wiener.
In addition to the Building Opportunities for All housing package, there are
other proposed Senate bills aimed at housing reform.
• SB 15 (Portantino) establishes a grant program to incentivize
local governments to rezone idle retail sites for the development
of workforce housing.
• SB 290 (Skinner) revises the Density Bonus Law to create more
low-income student housing and for-sale housing for moderate-
income residents. The bill includes identical language from SB
1085, which failed in 2020 when the Legislature ran out of time
for a concurrence vote.
• SB 12 (McGuire) establishes new requirements for addressing
wildfire risks in general plan safety, housing, and land use
elements. Of note, the bill directs the Department of Housing
and Community Development to take into consideration how
much land within a jurisdiction is considered a “very high fire
risk area” when determining the RHNA allocation. SB 12 also
requires land use elements to identify very high fire risk areas
and prohibits local governments from entering into
development agreements, approving specified discretionary
permits, or approving subdivision maps for projects within a
very high fire risk area, unless specified findings based on
substantial evidence in the record are made.
• SB 55 (Stern and Allen) prohibits new development in very high
fire severity zones or state responsibility areas.
• AB 71 (Rivas and Chiu) would dedicate $2.4 billion annually to
houselessness solutions. Revenue sources include state
Resolution No. 2023-20
Page 141 of 167
________________________
..
..
Item 1 Page 144 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 134
adoption of the federal Global Intangible Low-Taxed Income,
which taxes certain intellectual property generated overseas.
The bill would create the Bring California Home Fund in the
State Treasury.
• AB 49 (Petrie-Norris) would eliminate the California Debt Limit
Allocation Committee — which, among other projects, finances
affordable housing. The bill would move the committee’s duties
and authority to the California Tax Credit Allocation Committee,
also in the State Treasurer’s Office.
• AB 68 (Salas) would implement recommendations from the
recent auditor’s report on the performance of the state’s
housing agencies and local impediments to housing
production. The report found that the state’s four key financing
agencies lack coordination and alignment and that “State law
and oversight are not strong enough to ensure that cities and
counties are doing their part to facilitate the construction of
affordable housing.”
• SB 478 (Wiener), also known as the Housing Opportunity Act,
would change land use restrictions such as FAR and lot size
requirements. This is an effort to ensure that small scale
development can be developed where they are legal based on
zoned density, and most importantly that FAR and lot size
requirements would not be able to stop these developments.
SB 478 proposes two specific statewide policy changes:
establishing a minimum floor area ratio (FAR) that cities could
impose on all land zoned for two to ten residential units, and
establishing minimum lot sizes for parcels that are 2-4 units and
for parcels that are 5-10 units.
• AB 1199 (Gipson) would create a database of rental properties,
levy a tax on the rental profits of some people or entities holding
many properties, and use the funds to support services for
tenants and small landlords.
• SCA 2 (Allen, Wiener) would repeal Article 34 of the California
constitution which requires a vote on public housing projects.
• SB 477 (Wiener) will require local governments to keep track of
data needed to evaluate the impact of state laws on local
housing availability and affordability.
• AB 59 (Gabriel) will increase the noticing period for new or
increased development impact fees and extends time that a
new or increased fee may be challenged.
• AB 115 (Bloom) requires all jurisdictions to allow for residential
development in commercially zoned areas provided that the
development reserves 20% of the units for affordable housing.
Resolution No. 2023-20
Page 142 of 167
________________________
..
..
Item 1 Page 145 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 135
• AB 215 (Chiu) is an intent bill to strengthen HCD’s housing law
enforcement authority.
• AB 244 (Rubio) requires TCAC, CDLAC, and the California
Housing Finance Agency to conduct an affordable housing cost
study across all state funded housing projects.
• AB 345 (Quirk Silva, Medina) clarifies rules around the selling
of ADUs built by nonprofit organizations for low-income
homeownership. Would allow ADUs built by nonprofits, like
Habitat for Humanity, to be sold separate from the primary
residence.
• AB 348 (Villapudua, Carillo, Mathis, Patterson, Salas, Jones)
requires HCD to conduct an annual summary report that
discloses the amount of state, federal, and private funding
spent on affordable housing development throughout the state.
• AB 387 (Lee, Wicks) Establishes the California Housing
Authority to develop affordable and mixed-income housing.
• AB 561 (Ting, Bloom, Hertzberg, Boerner Horvath, Quirk-Silva)
Requires the Office of the Treasurer to work with CalHFA and
HCD to create an Accessory Dwelling Unit financing product to
assist homeowners in the creation of ADUs.
• AB 571 (Mayes) prohibits affordable housing or inclusionary
zoning fees on the bonus units of a project using the state
density bonus.
• AB 602 (Grayson) is a spot bill on residential development
impact fees.
• AB 617 (Davies) allows jurisdictions the option of paying other
jurisdictions to transfer all or a portion of their Regional Housing
Needs Assessment allocation.
• AB 672 (Garcia) is an intent bill to enable to use of underutilized
golf courses for affordable housing.
• AB 678 (Grayson) is a spot bill on residential development
impact fees.
• AB 682 (Bloom) requires cities to allow cohousing projects in
areas zoned for multi-family residential.
• AB 816 (Chiu, Bloom, Bonta, Quirk-Silva, Santiago, Wicks)
requires the creation of a statewide plan for addressing
houselessness and allows for legal action against jurisdictions
who do not make progress towards meeting the plan’s goals.
• AB 834 (Choi) creates a tax credit for property owners renting
to tenants receiving housing assistance.
• AB 880 (Aguiar-Curry) establishes the Affordable Disaster
Housing Revolving Development and Acquisition Program
Resolution No. 2023-20
Page 143 of 167
________________________
..
..
Item 1 Page 146 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 136
within HCD to fund the creation and preservation of affordable
housing in disaster areas.
• AB 916 (Salas) prohibits public hearings for proposed room
additions for single family homes and expands allowable ADU
height to 20 feet.
• AB 919 (Grayson) reduces the statute of limitations for
construction defects from 10 to 5 years for projects that use a
skilled and trained workforce.
• AB 946 (Lee) eliminates mortgage interest deduction on
second homes and transfers resulting revenues to the Home
Purchase Assistance Fund.
• AB 950 (Ward) authorizes the Department of Transportation to
sell excess land to jurisdictions for the purpose of creating
affordable housing.
• AB 978 (Quirk-Silva, Chiu, Garcia, Luz Rivas, Robert Rivas)
extends rent cap and just cause eviction protections
established in the Tenant Protection Act of 2019 to mobile
home residents.
• AB 1029 (Mullin, Caballero, Becker) adds housing preservation
policies to HCD’s list of local prohousing policies.
• AB 1068 (Santiago) requires HCD to create a model plan for the
use of alternative forms of housing, including modular housing,
for the purpose of cost reduction.
• AB 1090 (Quirk-Silva, Caballero, Gabriel, Rivas, Salas, Wicks,
Eggman) establishes the Legislative Task Force on the
California Master Plan on Homeownership which will submit a
report to the legislature in October 2022.
• AB 1143 (Berman) and SB 649 (Cortese) allow jurisdictions to
create local preference policies for affordable housing
developments to local residents at risk of displacement.
• AB 1188 (Wicks, Kalra, Wiener) requires cities to create and
maintain a rental registry by 2021 covering all landlords who
own or operate five or more units.
• AB 1277 (Rubio) creates an expedited judicial review process
for CEQA for student housing project.
• AB 1372 (Muratsuchi) requires every jurisdiction to provide
access to temporary shelter to every houseless individual.
• AB 1377 (McCarty) creates the California Student Housing
Revolving Loan Fund to provide loans for the purpose of
constructing affordable student housing.
• AB 1401 (Friedman, Lee, Skinner, Wiener) prohibits parking
minimums for residential or commercial projects near transit or
within low vehicle miles traveled areas.
Resolution No. 2023-20
Page 144 of 167
________________________
..
..
Item 1 Page 147 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 137
• SB 490 (Caballero, Skinner, Garcia) establishes the Housing
Acquisition and Rehabilitation Technical Assistance Program
to provide technical assistance.
Resolution No. 2023-20
Page 145 of 167
________________________
..
..
Item 1 Page 148 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 138
Resolution No. 2023-20
Page 146 of 167
________________________
..
..
Item 1 Page 149 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 139
Appendix G: Community Engagement Meeting
Minutes
The following list includes links to the minutes/recording from the following
meetings that were held to provide input on the Housing Element and
associated former Westside Specific Plan:
• Westside Specific Plan Stakeholders Advisory Committee
Meeting #1: February 2, 2021
• Westside Specific Plan Stakeholders Advisory Committee
Meeting #2: February 16, 2021
• Westside Specific Plan Stakeholders Advisory Committee
Meeting #3: February 23, 2021
• Westside Specific Plan Stakeholders Advisory Committee
Meeting #4: August 18, 2021
• Westside Specific Plan Stakeholders Advisory Committee
Meeting #5: September 28, 2021
• Housing Commission Meeting: December 8, 2021
• City Council Study Session: June 21, 2022
• Westside Specific Plan Stakeholders Advisory Committee
Meeting #7: November 29, 2022
• Westside Specific Plan Stakeholders Advisory Committee
Meeting #6: October 11, 2022
Resolution No. 2023-20
Page 147 of 167
________________________
..
..
Item 1 Page 150 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 131
Resolution No. 2023-20
Page 148 of 167
________________________
..
..
Item 1 Page 151 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 141
Appendix H: Affirmatively Furthering Fair Housing
Assessment of Fair Housing
This portion of the Housing Needs Analysis is focused on assessing the state of
fair housing in the City of Vernon, in keeping with AB 686. California
jurisdictions are required to affirmatively further fair housing (AFFH) through
meaningful actions “that, taken together, address significant disparities in
housing needs and in access to opportunity for all groups protected by state
and federal law by:
i. Replacing segregated living patterns with integrated and balanced
living patterns
ii. Transforming racially and ethnically concentrated areas of poverty
into areas of opportunity (without displacement)
iii. Fostering and maintaining compliance with civil rights and fair
housing laws
iv. Note: meaningful actions include actions that will promote fair
housing opportunities for low- and moderate-income tenants and
tenants of affordable housing, including subsidized housing.”
(Government Code 8899.50 (a)(1))
This analysis analyzes five housing issue areas:
1. Fair housing enforcement and outreach capacity
2. Segregation and integration
3. Racially or ethnically concentrated areas of poverty
4. Access to opportunity
5. Disproportionate housing needs within the jurisdiction, including
displacement risk.
This AFFH analysis examines the City of Vernon as well as the Southeast Los
Angeles Region. This region includes the following cities: Bell, Maywood,
Huntington Park, South Gate, and the City of Los Angeles.
Resolution No. 2023-20
Page 149 of 167
________________________
..
..
Item 1 Page 152 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 131
Fair Housing Enforcement and Capacity
The City of Vernon works with the Housing Rights Center on the City’s Fair
Housing Enforcement. Upon receipt of a fair housing complaint the City refers
the complaint to the Housing Rights Center. The Housing Rights Center (HRC),
founded in 1968, is the nation's largest non-profit civil rights organization
dedicated to securing and promoting Fair Housing. The HRC’s mission is to
actively support and promote freedom of residence through education,
advocacy, and litigation, to the end that all persons have the opportunity to
secure the housing they desire and can afford, without regard to their race,
color, religion, gender, sexual orientation, national origin, familial status,
marital status, disability, ancestry, age, source of income or other
characteristics protected by law.
The HRC provides fair housing services to the City of Vernon, including tenant
counseling, landlord counseling, outreach, education, and discrimination
investigation. Historically, the majority of housing in the City of Vernon has
been owned and well maintained well by the City, with the City acting as the
landlord. The small amount of private housing is likely the reason for the small
number of fair housing complaints in the City. According to HCD’s AFFH Data
Viewer, there have been 0.21 fair housing inquiries per 1,000 people in the City
of Vernon from 2013-2021. While historically there has been little private
housing in Vernon, the amount of private housing units increased in 2015 with
the opening of the Vernon Village Park Apartments. In addition, the number of
private units in the City is expected to increase within the next eight years.
As the number of privately-owned housing units increases in Vernon, the City
will take new actions to ensure fair housing enforcement and sufficient
outreach capacity within the 6th cycle (Program #7: Equal Housing Opportunity
Program). The City will publish on the City’s website clear information warning
entities that would potentially discriminate about the enforcement of fair
housing law. The City will ensure environmental hazards are not
disproportionately concentrated in low-income communities of color. The City
will explore offering training to property owners and managers regarding
responsible management of environmental hazards. The City will assist in
outreach to tenants to inform them of their rights to live in habitable housing
regardless of income, race, or immigration status. Lastly, the City will develop
a code enforcement program that holds property owners accountable, when
necessary. Program 22 (Environmental Justice) includes commitments to
address environmental concerns in the City.
Since Vernon’s population and the number of fair housing complaints are both
so small there are no discernable patterns when it comes to the impacts on
protected characteristics and geographic trends.
Resolution No. 2023-20
Page 150 of 167
________________________
..
..
Item 1 Page 153 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 132
There have been no recent findings, lawsuits, enforcement actions,
settlements, or judgements related to fair housing or civil rights in the City of
Vernon. This Housing Element is compliant with existing State fair housing laws
and regulations.
Within the Southeast Los Angeles region, the frequency of fair housing
complaints is much higher when compared to the frequency in Vernon. The City
of Huntington Park experiences 59 fair housing inquiries per 1,000 people from
2013-2021. The City of Bell experiences 36 fair housing inquiries per 1,000
people from 2013-2021. The City of South Gate experiences 98 fair housing
inquiries per 1,000 people from 2013-2021. The City of Commerce
experiences 13 fair housing inquiries per 1,000 people from 2013-2021.
In order to obtain local knowledge related to housing in the City and corroborate
the analysis included in this Element the City and consultant met with the City’s
Housing Commission. Additionally, the City conducted outreach to fair housing
organizations which service the City of Vernon. The consultant also reached out
to the Vernon Village Park Apartments property manager to gain demographic
data on residents. The City and consultant also met with City residents
regarding the state of housing in the City of Vernon. Frequent discussions were
also held with City Departments which oversee the management of City owned
housing and are in constant communication with tenants. Through discussions
residents and local leadership, the City identified the following fair housing
issues: a lack of open spaces within the City and the location of some
residences away from commercial amenities. Table H-2 (Contributing Factors
and Meaningful Actions) identifies factors contributing to these two fair
housing issues and specifies the meaningful actions this Element commits to
in order to address these fair housing issues in the City of Vernon.
Segregation and Integration
According to HCD’s AFFH Guidance segregation “means a condition in which
there is a high concentration of persons of a particular race, color, religion, sex,
familial status, national origin, or having a disability or a type of disability in a
particular geographic area when compared to a broader geographic status.”
Integration means a condition in which there is not a concentration of any type
of persons.
The 2020 Census data found that 43.7% of Vernon residents identify are some
other race alone, 23.9% identify as White alone, 15.3% identify as two or more
races, 9% identify as Black alone, 6.8% identify as Asian alone, and 1.4%
identify as American Indian alone. This Census data takes into account the
population of the Vernon Village Park Apartments. Clearly, no one ra ce has a
majority within the City of Vernon. However, when looking at the 2020 Census
data for ethnicity, the Hispanic/Latino population in Vernon is dominant at 168
Resolution No. 2023-20
Page 151 of 167
________________________
..
..
Item 1 Page 154 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 133
residents of the total 222. This means 75.7% of the population is
Hispanic/Latino in Vernon.
Based on HCD’s AFFH Data Viewer, the majority of Census tracts within the
Southeast Los Angeles region feature a strong Hispanic/Latino majority (most
surrounding cities have a Hispanic/Latino population of 95% or greater).
Directly surrounding the City of Vernon, the predominance of the
Hispanic/Latino majority is strongest in comparison to the rest of Los Angeles
County. As stated earlier, HCD’s AFFH Data Viewer found Vernon to be a White
Majority Census tract, with 51.79% of the population being White. At the same
time 2016-2020 ACS 5-Year Data identified 75.7% of the City’s population as
Hispanic/Latino. Clearly, the City of Vernon does not have a Hispanic/Latino
population of 95% or more like its surrounding cities in the region.
The reasons for this concentration of Hispanic/Latino families are many, and
stem from historical and regional factors. While Vernon has been an almost
exclusively industrial city since the 1920’s, other Southeast Los Angeles
County cities were largely developed in the interwar years as a community for
White, working-class families whose heads of household largely held blue-
collar jobs in manufacturing and trade (sometimes in Vernon). Many of the
cities in the Southeast Los Angeles region have long been disfavored for
investment compared to wealthier communities with less exposure to industrial
contaminants. Vernon especially has long been favored as an area for industrial
investment. Figure H-1 shows that while Vernon was not redlined (or classified
in any way by the Homeowners Loan Corporation (HOLC), the majority of cities
in the Southeast Los Angeles region were classified as either Class D –
“Hazardous” or Class C – “Definitely Declining” during the 1930’s.
Resolution No. 2023-20
Page 152 of 167
________________________
..
..
Item 1 Page 155 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 132
Figure H-1.
Redlining in Southeast Los Angeles.
In the decades following World War II, the White population, particularly those
of means, began to decamp the Southeast Los Angeles area for Orange County
and other more suburban jurisdictions. During the 1970s, a large, sustained
wave of immigration from Latin America began and filled in the neighborhoods
in central Los Angeles County that had been abandoned by the White
population. More affluent cities and neighborhoods of the metropolitan area
enacted stringent zoning regulations to stop population growth and severely
curtail the opportunities for residents of Southeast Los Angeles to move into
attainable housing in those jurisdictions. Thus, the population of Southeast Los
Angeles has remained highly segregated to the present day.
Based on HUD’s Low to Moderate Income Population Block Group data from
the AFFH Data Viewer, the one block group in the City of Vernon features a
population that is 75% low- and moderate-income. This reveals that the City of
Vernon’s population features a high concentration of low- and moderate-
income households. Unfortunately, no more specific data exists in HCD’s AFFH
Data Viewer to understand income in Vernon by neighborhood or area. The
median household income in Vernon is $59,250 compared to $71,358 in Los
Angeles County, according to 2016-2020 Five-Year ACS Data.
Based on the AFFH Data Viewer, within the Southeast Los Angeles region many
cities feature similarly high concentrations of low- and moderate-income
Resolution No. 2023-20
Page 153 of 167
________________________
..
..
Item 1 Page 156 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Elem ent 2021 – 2029 | City of Vernon - 135
households. All census tracts within Southeast Los Angeles feature at least
50% of households that are low- and moderate-income, with some tracts
averaging out as high as 91%. In the neighboring cities of Bell, Maywood, and
South Gate, the median household incomes were $47,740, $50,006, and
$55,084 respectively. While the City of Vernon’s median household income is
greater than the medians in the directly surrounding cities, Vernon’s median
household income remains significantly lower than the median across Los
Angeles County. Additionally, as one moves further Southeast towards Downey
the median household income increases, ranging from under $55,000 to
$125,000, according to 2015-2019 ACS 5-Year data.
According to 2015-2019 ACS 5-Year data, less than 10% of Vernon residents
fall under the federal poverty line. Within the Southeast Los Angeles region, no
cities have similarly low rates of poverty. Instead, cities surrounding Vernon
feature poverty rates of 10% to over 40%. The largest concentration of poverty
rates above 30% are located west of the City of Vernon, within the City of Los
Angeles. To the south, in the cities of Downey, South Gate, and Lynwood the
poverty rates are lower, ranging from under 10% to 30%.
Since there is only one Census tract in the City of Vernon, census data is not
especially helpful in discerning spatial patterns of disabled residents. However,
it stands to reason that disabled residents in Vernon are concentrated in the
few locations within the City where housing is located. Based on 2015-2019
ACS 5-Year data from the AFFH Viewer, the City of Vernon’s population is
approximately 13.3% disabled. Within the Southeast Los Angeles region, the
percent of each city’s population with a disability remained low, ranging from
0% to 20%. Census tracts with higher percentages of disabled residents only
existed to the North, in and around Downtown Los Angeles.
Family makeup, including married couples (with or without children), persons
over the age of 18 living alone and female-headed households can provide
insight into potential segregation issues in a community. In terms of family
makeup, the City of Vernon is similar to the lower-income communities of
Huntington Park, Maywood, and Bell while the City of Vernon differs from
wealthier neighboring communities to the east like Downey, Pico Rivera, and
Whittier.
Approximately 40% of Vernon’s adult population are living within married
households. Within the region surrounding Vernon, the majority of the
surrounding cities feature 20-40% of the adult population in married
households. There are a few census tracts that are exceptions located in the
City of Bell, South Gate, and Maywood. The regions to the east of Vernon
include wealthier areas such as Downey, Pico Rivera, and Whittier. These three
wealthier communities feature census tracts with higher rates of adults living
in married households, ranging from 40-60%. Lower levels of married
Resolution No. 2023-20
Page 154 of 167
________________________
..
..
Item 1 Page 157 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 134
households often correlate with lower-income communities and communities
with lower levels of educational attainment.
Within the City of Vernon approximately 8 adult individuals live alone , which is
a very small percentage of the City’s adult population. The regional areas with
higher rates of adults who live alone include Downtown Los Angeles to the north
of Vernon. The rest of the surrounding region features 20% or less of their adult
population living alone.
The City of Vernon has approximately 20-40% of children living in female
headed households. Higher rates of children living in female headed
households are prevalent in the surrounding region, specifically to the west of
Vernon within the City of Los Angeles along the 110 freeway. Elsewhere in the
surrounding region the communities are split between communities with
similar rates (20-40%) of children living in female headed households and
communities with lower rates (under 20%) of children living in female headed
households. Higher levels of female-headed households often correlate with
lower-income communities and communities with lower levels of educational
attainment.
Racially and Ethnically Concentrated Areas of Poverty
Racially and ethnically concentrated areas of poverty, also known as R/ECAPs,
must meet the following definitions: 1) The area must have a non-White
population of 50% or more and 2) The area must have 40% or more of the
population living below the federal poverty line, or those where the poverty rate
is three times the average poverty rate in the metropolitan area, whichever is
less.
Based on HUD’s R/ECAP data from HCD’s AFFH Data Viewer Vernon’s Census
tract does not qualify as a racially and ethnically concentrated area of poverty.
In the greater Southeast Los Angeles region a few tracts are identified as
R/ECAPs, such as one tract in northeast Bell and two tracts in Southeast
Huntington Park. Outside of the Southeast Los Angeles region, there are many
tracts north of Vernon and west of Vernon that qualify as R/ECAPs. While
Vernon and the Southeast Los Angeles region are racially and ethnically
concentrated, clearly Census tracts within this region mainly do not feature
concentrated poverty.
All residential buildings within the City are in good condition. Twenty four of the
26 city-owned residences have been recently renovated and the remaining two
city-owned residences will be renovated within the sixth cycle planning period.
Additionally, the Vernon Village Park Apartments were recently completed in
2015 and are in good condition.
Resolution No. 2023-20
Page 155 of 167
________________________
..
..
Item 1 Page 158 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 137
Generally, to access to parks and open spaces residents must travel to the
neighboring cities of Bell, Maywood, and Huntington Park. Through the
Westside Mixed Use District Zoning Amendment, the City will evaluate the
adding new privately funded open spaces to the City in areas where residential
growth is encouraged. In terms of infrastructure, the entire City is well serviced,
and no one census tract experiences a disadvantage in terms of access to utility
infrastructure, such as water, sewage, gas, electrical, or telecommunication
services.
There is one school within the City of Vernon, Vernon City Elementary, a
kindergarten through seventh grade school within the Los Angeles Unified
School District (LAUSD). Another kindergarten through sixth grade LAUSD
elementary school is located just outside of Vernon, called Holmes Avenue
Elementary. A second kindergarten through fifth grade LAUSD elementary
school is located just outside of Vernon, in Huntington Park, called Pacific
Boulevard Elementary. A third LAUSD elementary school is located just outside
Vernon in Maywood, called Maywood Elementary. Many Vernon Village Park
Apartment families send their children to Maywood Elementary. Vernon City
Elementary is located directly across Vernon Avenue from Vernon City Hall,
where all of the City-owned residences are located. This route from the City Hall
residences to Vernon City Elementary would take 3 minutes walking and the
distance from the Vernon Village Park Apartments to the school is
approximately 3.4 miles. Maywood Elementary School is a nine-minute walk
from the Vernon Village Park Apartments. Holmes Avenue Elementary and
Pacifica Boulevard Elementary are located a bit further from the Vernon City
Hall and Vernon Village Park Apartments.
The route between Vernon City Hall and Vernon City Elementary is a safe route
to school, as it only requires crossing one street and is a three-minute walk at
most. The route between the Vernon Village Park Apartments is not walkable,
however, though it is accessible through two local Metro bus routes.
Within the 6th cycle planning period, Program 21 (Environmental
Enhancements) will evaluate the feasibility of street improvements, such as
complete streets interventions and truck restrictions on key residential
corridors. These improvements could improve the pedestrian experience for
residents and provide infrastructure improvements for multimodal
transportation. Additionally, the Metro bus routes 60 and 251 run North to
South through the City, along Santa Fe Avenue and Soto Street respectively.
These routes connect the City of Vernon to Lincoln Heights, Boyle Heights,
South Gate, Lynwood, Downtown Los Angeles, and Compton. These routes
connect Vernon residents with job centers outside of Vernon, as much as these
routes connect regional residents to jobs within Vernon. Downtown Los Angeles
is the largest regional hub for professional jobs, and Vernon is connected
directly to Downtown through Metro’s 60 bus.
Resolution No. 2023-20
Page 156 of 167
________________________
..
..
Item 1 Page 159 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 136
According to the CalEnviroScreen 4.0 map, the City of Vernon experiences a
pollution burden in the 98th percentile. This high pollution burden percentile
is similar to burdens throughout the Southeast Los Angeles region. However,
unlike some other Southeast Los Angeles cities, the City of Vernon houses
many of the industrial uses within the region. Due to this concentration of
industrial uses in Vernon, the City has historically been exclusively industrial,
with very few residential uses. The pollution burden within the region lessens
the further south one moves from Vernon; however, the burdens still remain
highly elevated. No more specific information is available as the City of Vernon
only features one census tract. See more detailed information on Vernon’s
environmental constraints within Appendix B of this Element. Additionally,
Program 22 (Environmental Justice) includes commitments to address
environmental concerns in the City.
In the greater Southeast Los Angeles region a few tracts are identified as
R/ECAPs, such as one tract in Northwest Bell, one tract in North Lynwood and
two tracts in Southeast Huntington Park. Outside of the Southeast Los Angeles
region, there are many tracts north of Vernon and west of Vernon that qualify
as R/ECAPs. While Vernon and the Southeast Los Angeles region are racially
and ethnically concentrated, clearly Census tracts within this region mainly do
not feature concentrated poverty.
Based on the TCAC/HCD Opportunity Area Maps the City of Vernon Census
tract does not qualify as a TCAC area of high segregation and poverty.
According to this measurement, the threshold for poverty is 30% of the
population living below the poverty line and the location quotient is essentially
a measure of the concentration of race in a small area compared to a county
level. Within Southeast Los Angeles many Census tracts qualify as TCAC Areas
of High Segregation and Poverty. These tracts within Southeast Los Angeles fall
within the cities of Huntington Park, Bell, Cudahy, Maywood, and Bell Gardens.
Outside of the Southeast Los Angeles region, but surrounding the City of
Vernon, many Census tracts to the North and West qualify as TCAC Areas of
High Segregation and Poverty.
Racially concentrated areas of affluence are defined as Census tracts where:
1) 80% or more of the population is White and 2) the median household income
is $125,000 or greater. No census tract in the Southeast Los Angeles region
features a dominant White population and no census tract in the region
features a median household income equal to or greater than $125,000.
Access to Opportunity
Access to opportunity is a concept to approximate place-based characteristics
linked to critical life outcomes. Access to opportunity oftentimes means both
improving the quality of life for residents of low-income communities, as well
as supporting mobility and access to ‘high resource’ neighborhoods. This
Resolution No. 2023-20
Page 157 of 167
________________________
..
..
Item 1 Page 160 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 141
encompasses education, employment, economic development, safe and
decent housing, low rates of violent crime, transportation, and other
opportunities including recreation, and food and healthy environment.
There is one school within the City of Vernon, Vernon City Elementary, a
kindergarten through seventh grade school within the Los Angeles Unified
School District (LAUSD). Another kindergarten through sixth grade LAUSD
elementary school is located just outside of Vernon, called Holmes Avenue
Elementary. A second kindergarten through fifth grade LAUSD elementary
school is located just outside of Vernon, in Huntington Park, called Pacific
Boulevard Elementary. The third elementary school is Maywood Elementary
School, a LAUSD school. According to Great Schools, Vernon City Elementary
is rated 6/10, which is average, Pacific Boulevard Elementary is rated 5/10,
Maywood Elementary School is rated 6/10, and Holmes Avenue Elementary is
rated 2/10 which is below average. In comparison to other schools within the
region, the majority of which are also LAUSD schools, the school in Vernon is
rated similarly to other schools in Southeast Los Angeles. There is no difference
amongst schools in and around Vernon and there is no access to more
proficient schools in any sort of pattern relating to protected characteristics.
Local students at the middle, high school and superior education levels must
travel outside the City.
Outside of the Southeast Los Angeles region, to the west of Vernon there are
more areas of segregation and racially and ethnically concentrated areas of
poverty that correspond to lower quality LAUSD schools, the majority of which
are rated either 2/10 or 3/10. The Holmes Avenue Elementary School is just
west of Vernon’s border, thus falling into this area.
The City of Vernon is an employment center within Southeast Los Angeles for
blue-collar jobs. The blue-collar jobs offered in Vernon are well matched to the
population of the greater Southeast Los Angeles region, including residents of
the City. A significant barrier to job accessibility within Vernon is access and
ability to operate a motor vehicle, which affects persons with disabilities as well
as other members of the community. While some jobs are close enough for
Vernon residents to walk and most are within biking distance, the City’s streets
are heavily traveled by trucks, most of the City’s streets feature large block
sizes, and there is a lack of street trees. All of these factors create an
environment that is inhospitable to non-motorized forms of transportation.
Vernon does have public transit options in the form of bus lines. The line along
Santa Fe Avenue and Pacific Avenue (Route 60) is a high -frequency bus line
which connects to Downtown Los Angeles (the closest major professional job
center), providing greater accessibility options to residents of the Westside of
the City, and connecting residents of Huntington Park and other communities
southward to job opportunities in Vernon. The Westside Mixed Use District
Zoning Amendment will concentrate growth in this area through new mixed-
Resolution No. 2023-20
Page 158 of 167
________________________
..
..
Item 1 Page 161 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 140
use zoning standards. These new mixed-use zoning standards will be imposed
on residential and mixed-use developers hoping to develop within the zoning
amendment area. These mixed-use standards will require the creation of a
more pedestrian friendly design and more retail within the zoning amendment
area as mixed-use projects are developed.
Metro route 60 provides north-south service along Santa Fe Avenue at roughly
15-20 minute frequency. Metro provides north-south service on Soto Street
with Route 251 with 15-20 minute frequencies. Bell is considered “Car
Dependent”, scoring 44 of 100 by WalkScore.com. It is also considered
“Somewhat Bikeable”, scoring 39 of 100. Street improvements, such as
complete streets interventions and truck restrictions on key residential
corridors, will be evaluated for feasibility during the sixth cycle through
Program 21 (Environmental Enhancements).
Protected groups, such as those groups that are disadvantaged by
race/ethnicity, familial status, persons with disabilities, or class/income, do not
live anywhere specific within the City of Vernon, as all residents essentially live
within two main locations, the City Hall residences of the Vern on Village Park
Apartments. The Vernon Village Park Apartment residents are lower -income,
and these residents live in the area of Vernon that is most proximate to
amenities.
According to U.S. Census On Map Data, in Vernon, 59.6% of workers are
Hispanic/Latino. By race, workers in Vernon are 77.6% are White, 13% are
Asian, 5.3% Black, 2% two or more races, 1.7% American Indian, and 0.3%
Native Hawaiian. The Hispanic majority in workers reflects the Southeast Los
Angeles region’s population, indicating that Southeast Los Angeles residents
do not face disproportionate issues securing jobs within Vernon.
The future Metro West Santa Ana Branch Line (which will service existing A
Line Stations) will improve Vernon residents’ access to regional transit.
Residents will have access to north-south fixed rail service that will provide
access to Artesia to the south and Downtown Los Angeles to the north, with
connectivity to east-west rail service like the C Line in Paramount to the south
and the L, B, D, and A Lines near Downtown Los Angeles.
Most protected groups who reside in the City have sufficient access to
transportation options. One exception is disabled residents. While some
disabled residents in Vernon are employed, many disabled residents are not
employed. In some cases, these disabled residents are unable to work, but in
others these residents may experience difficulty in accessing jobs. Generally,
disabled residents have disproportionate transportation needs within the City
of Vernon; however, the majority of disabled residents live with their families
who are able to assist them in their transportation needs. Walking in Vernon
can be challenging and generally not an enjoyable means of transportation due
Resolution No. 2023-20
Page 159 of 167
________________________
..
..
Item 1 Page 162 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 141
to traffic congestion, lack of street trees and other reasons. The Westside
Mixed Use District Zoning Amendment is anticipated to address the
accessibility of walking along the Santa Fe Avenue corridor within the City
though mixed-use zoning standards imposed upon residential and mixed-use
developers.
A full explanation of the needs of disabled residents in Vernon is included in
Appendix A of this Housing Element. However, a short summary is provided
here. The most prevalent disabilities in Vernon are ambulatory, independent
living, and cognitive respectively. These top disabilities are similar to those
found in other cities throughout the Southeast Los Angeles region. Ambulatory
disabilities are of particular concern in regard to access to opportunity,
specifically to transportation, as previously noted.
Disability by age groups is as follows: 9 disabled residents aged 19-64 and 2
disabled residents aged 65 and up. There is no spatial concentration of
disabled residents in any particular Census tract in Vernon.
Approximately half of Vernon’s housing stock was built after 1990, which is the
year when many regulations went into place mandating the building and
inclusion of accessible housing units. Therefore, approximately half of the
residences in Vernon are accessible units for disabled residents.
Appendix A does include an assessment of accessibility of homelessness
programs and the coordinated entry system. In each of these cases, the City of
Vernon does have resources available.
The City of Vernon generally faces significant environmental challenges for
housing. These are described in greater detail in Appendix B. Throughout the
Southeast Los Angeles region, and specifically in Vernon, there are difficulties
in accessing environmentally healthy neighborhoods for all class groups, not
just protected class groups. However, residents still wish to live in Vernon and
Southeast Los Angeles, so building codes are crafted to address adequate
filtering and safety standards for residential developments. Additionally, the
Westside Specific Plan proposes a standard of MERV 13 filters on all new
residential development.
According to the CalEnviroScreen 4.0 map, the City of Vernon experiences a
pollution burden in the 98th percentile. This high pollution burden percentile
is similar to burdens throughout the Southeast Los Angeles region. The
pollution burden lessens the further south one moves from Vernon; however,
the burdens still remain highly elevated.
The City of Vernon does not have an Environmental Justice Element with which
consistency needs to be evaluated. The City of Vernon’s 6th Cycle Housing
Element does include Housing Element Program 6: Environmental Safety
Resolution No. 2023-20
Page 160 of 167
________________________
..
..
Item 1 Page 163 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 140
Enforcement which will ensure that Vernon continues to improve the City’s
access to environmentally healthy neighborhoods. Additionally, Program 22
(Environmental Justice) includes commitments to address environmental
concerns in the City, including the creation of an Environmental Justice
Element.
This Housing Element’s Site Inventory focuses growth in the best and more
accessible area in regard to opportunity within the City, which is the southern
portion of the City close to Huntington Park. This will be expanded upon in the
Site Inventory portion of this AFFH section.
Disproportionate Housing Needs and Displacement Risk
Disproportionate housing needs refers to a condition in which there are
significant disparities in the proportion of members of a protected class
experiencing a category of housing need when compared to the proportion of
members of any other relevant groups, or the total population experiencing the
category of housing need in the applicable geographic area. For purposes of
this definition, categories of housing need are based on such factors as cost
burden and severe cost burden, overcrowding, homelessness, and
substandard housing conditions.
Only three units within the City or Vernon are privately owned, non-covenanted
housing. The City of Vernon owns a large portion of housing within the City and
rents these units at rates below what many other landlords charge, with
moderated annual rent increases. Additionally, 45 housing units within the City
are located within the Vernon Village Park Apartments, an affordable housing
development that opened in 2015, which is not owned by the City. Residents
within this complex only pay what they can towards rent and the rest of the rent
is paid through project-based Section 8 vouchers.
Cost burden refers to the number of households for which housing cost burden
is greater than 30% of their income. Severe cost burden refers to the number
of households for which housing cost burden is greater than 50% of their
income. According to overpayment data from the 2015-2019 ACS 5-Year
Survey, as included in HCD’s AFFH Data Viewer, no homeowners within the
City of Vernon are cost-burdened or severely cost burdened. The same data
finds one renter household within Vernon cost burdened and two households
are severely cost burdened. These shares of rent burdened households are
significantly lower than those throughout the Southeast Los Angeles region.
Within the Southeast Los Angeles region, homeowners and renters alike are
cost burdened and severely cost burdened at similar rates. Homeowners in
Southeast Los Angeles experience a severe cost burden ranging from 40% to
more than 80%. Renters in Southeast Los Angeles feature the same range of
Resolution No. 2023-20
Page 161 of 167
________________________
..
..
Item 1 Page 164 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 143
severe cost burden. Outside of Southeast Los Angeles, the areas directly east
and west of Vernon, such as the City of Los Angeles, East Los Angeles, and
Montebello, feature severe cost burdens ranging from 60% to more than 80%.
The City of Vernon is largely except from the cost burden and severe cost
burden faced by the rest of Southeast Los Angeles, due to the fact that only
three units in Vernon are vulnerable to the market.
Overcrowding is defined as households having more than 1.01 to 1.5 persons
per room. Severe overcrowding is defined as households having more than 1.51
persons per room. Overcrowding is not an issue in the City of Vernon; however,
it is an issue within the Southeast Los Angeles region. According to the CHAS
data from HCD’s AFFH Data Viewer, no households in Vernon are overcrowded
and no households are severely overcrowded. Outside of Vernon within the
Southeast Los Angeles region, the majority of Census tracts feature over 20%
of households that are overcrowded and many households ranging from less
than 5% severely overcrowded to over 65% severely overcrowded. The
percentage of overcrowding decreases as one moves further Southeast within
the region, towards Downey and Santa Fe Springs.
Substandard housing problems are as follows: 1) Lacking a complete kitchen,
2) lacking complete plumbing, 3) severe overcrowding, and 4) severe cost -
burdening. According to ACS and CHAS data included in HCD’s AFFH Data
Viewer, the majority of cities within the Southeast Los Angeles region feature
40 to 60% of households that have any of the four severe housing problems.
Thirteen percent of households in the City of Vernon feature any of the four
severe housing problems. Severe housing problems are also less prominent to
the southeast, beyond Lynwood, in the cities of Downey, Paramount, and
Bellflower. In these cities, the percentage of households facing severe housing
problems are 29.9%, 38.9%, and 35% respectively.
Homelessness is an issue in Southeast Los Angeles; however, it is not as big of
an issue in comparison to communities to the North and East of Southeast Los
Angeles. The City of Vernon has a homeless population of 9 people, all of which
are unsheltered. Within the greater Southeast Los Angeles region, the cities
with the largest homeless populations are in the cities of South Gate,
Huntington Park, and Bell Gardens who have 340 people, 86 people, and 133
people who are experiencing homelessness respectively. These numbers are
based on LAHSA’s 2022 Greater Homeless Count. Within Service Planning
Area (SPA) 7, the total unhoused count in 2020 was 4,586.
The neighboring City of Bell has one of the largest homeless shelters in the
region, the Bell Salvation Army Shelter which houses a large portion of
unhoused people from through the South Los Angeles region. Most of the
unhoused residents in the Southeast Los Angeles region are served by the Bell
Salvation Army.
Resolution No. 2023-20
Page 162 of 167
________________________
..
..
Item 1 Page 165 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 142
According to data from U.C. Berkeley’s Urban Displacement Project, the City
of Vernon does not feature a displacement risk. In this conte xt, displacement
is defined as any involuntary household move caused by landlord action or
market changes. Displacement is not an issue in Vernon as only three housing
units are private, meaning that only three households are vulnerable to the
whim of the market and displacement pressures.
The greater Southeast Los Angeles region does feature displacement risk,
ranging from early/ongoing gentrification, low-income/susceptible to
displacement, ongoing displacement, advanced gentrification, and at risk or
becoming exclusive. Those cities actively experiencing some level of
gentrification are located closest to Vernon within the region and they include
cities such as South Gate, Bell, Maywood, and Huntington Park. Within the
region, in communities such as Lynwood, Bellflower, Downey, and Paramount,
gentrification risk is lower, and communities are more stable moderate/mixed
income and at risk of becoming exclusive.
Site Inventory
This Housing Element’s Site Inventory includes two sites, both of which are
located within the southern portion of the Westside Mixed Use District Zoning
Amendment area, along South Santa Fe Avenue. Due to the City of Vernon’s
industrial nature, plentiful resources and services for residents do not exist
within the City. Instead, residents head into surrounding cities such as
Huntington Park, Maywood, and Bell. The positioning of the housing element
sites within the southern portion of the City and Westside Mixed Use District
Zoning Amendment area means these sites are located in close proximity to
the better resourced community of Huntington Park. Pacific Boulevard within
Huntington Park is a major commercial corridor in close proximity to the
housing element sites, featuring medical services, restaurants, banks, grocery
stores, retail stores, pharmacies, offices, and more. Additionally, the two sites
will accommodate above moderate-income units and lower income units within
the same area of the City, avoiding any segregation by income level. The lower
income units which are anticipated to develop within the sixth planning cycle
should not be concentrated where the rest of lower income units are situated,
within the Vernon Village Park Apartments.
The location of the two sites within the Westside of the City situates them
furthest away from the most heavily polluting uses in Vernon. The most heavily
polluting uses in Vernon are located within the City’s rendering overlay zone
along the Los Angeles River in the northeast portion of the City. See Appendix
B (Housing Constraints) for a more detailed review of environmental
constraints within the City of Vernon. Program 22 (Environmental Justice)
includes commitments to address environmental concerns in the City.
Resolution No. 2023-20
Page 163 of 167
________________________
..
..
Item 1 Page 166 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 145
As mentioned previously, the future Metro West Santa Ana Branch Line will
improve Vernon residents’ access to regional transit. Residents will have
access to north-south fixed rail service that will provide access to Artesia to the
south and Downtown Los Angeles to the north, with connectivity to east-west
rail service like the C Line in Paramount to the south and the L, B, D, and A
Lines near Downtown Los Angeles. This Housing Element’s Site 2 is
approximately 0.68 miles from the Pacific/Randolph station, which is a future
West Santa Ana Branch station. Site 1 is 0.88 miles from the future
Pacific/Randolph station. The two sites are also located within 1.3 miles of the
current Metro A Line Slauson station.
Resolution No. 2023-20
Page 164 of 167
________________________
..
..
Item 1 Page 167 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 144
Contributing Factors and Meaningful Actions
Figure H-2 describes the key fair housing issues and contributing factors
identified in this Affirmatively Furthering Fair Housing analysis and relates the
City’s meaningful actions and commitments described in the Goals and
Policies, Sites Inventory (Appendix C) and Housing Programs Detail (Appendix
E) of this Housing Element.
Resolution No. 2023-20
Page 165 of 167
________________________
..
..
Item 1 Page 168 of 171
Appendix F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon - 145
Contributing Factors and Meaningful Actions
Identified Fair
Housing Issue
Key Contributing
Factors
Priority Meaningful Action
Few fair housing
complaints and
limited local
familiarity with
fair housing law
Lack of history of
privately owned
rental units in City
Low
Program 7 (Equal Housing Opportunity) commits
the City to publish on the website clear
information warning entities that could potentially
discriminate; ensure that environmental hazards
are not disproportionately concentrated in low-
income communities of color; explore offering
training to property owners and managers
regarding responsible management of
environmental hazards; assist in outreach to
tenants to inform them of their rights to live in
habitable housing regardless of income, race or
immigration status; and develop a code
enforcement program that holds property owners
accountable when necessary.
Lack of access
to recreational
facilities in close
proximity to
residential areas
in Vernon.
The City of
Vernon’s past
exclusive industrial
strategy.
Medium
Program 8 (Westside Mixed Use District Zoning
Amendment) will require that new residential
developments incorporate on-site open space
and recreational amenities appropriate for the
target population.
Some
residences in
Vernon are not
located close to
commercial
amenities.
High parking
requirements for
commercial uses
and lack of
residential
population to
serve.
High
Both Housing Element sites are located in the
southern portion of the City and Westside Specific
Plan area. This area is in close proximity to the
highly resourced Huntington Park, where
residents will be able to access pharmacies,
restaurants, grocery stories, medical clinics,
offices, banks, and more. New residential
developments in Vernon will be located close to
highly resourced communities.
Program 8 (Westside Mixed Use District Zoning
Amendment) zones for additional retail and
commercial amenities to develop within the
westside of Vernon, where the two Housing
Element sites are located. Additionally, Program
8 should bring an influx of new residents into the
westside of Vernon, as new housing is developed.
Program 8 also plans to reduce parking
requirements for commercial uses in the westside
of Vernon.
Lack of access
to jobs and
education for
people with
disabilities and
people who do
not own cars
Urban form
Heavy trucking
Medium
Program 8 (Westside Mixed Use District Zoning
Amendment) will focus future housing growth in
areas of the community that are served by public
transit and/or facilities for non-motorized forms of
transportation. Additionally, the Westside Mixed
Use District Zoning Amendment is anticipated to
address the accessibility of walking along the
Santa Fe Avenue corridor within the City though
mixed-use zoning standards imposed upon
residential and mixed-use developers. Lastly,
through Program 21, Environmental
Enhancements, complete streets interventions
and truck restrictions on key residential corridors
will be explored.
Resolution No. 2023-20
Page 166 of 167
________________________
..
..
Item 1 Page 169 of 171
Appendix G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon - 146
Figure H-2
Contributing Factors and Meaningful Actions
Identified Fair
Housing Issue
Key Contributing
Factors
Priority Meaningful Action
Both Housing Element sites are located in the
southern portion of the City and Westside Specific
Plan area. This area is in close proximity to the
highly resourced Huntington Park, where
residents will be able to access pharmacies,
restaurants, grocery stories, medical clinics,
offices, banks, and more. Additionally, Program 8
should bring more retail uses into Vernon,
creating more job opportunities for residents.
High level of
pollution
burden and
health risks
Heavy trucking
Industrial facilities
Soil
contamination,
including
hazardous
materials release
sites.
Railroads
Waste facilities
High
The Housing Inventory Sites are located in one of
the least susceptible areas of the City to pollution
burden and health risks, are located downwind of
rendering plants, and have not been identified as
contaminated sites. Additionally, most of the
truck traffic originating in Vernon leaves from the
center of the City and heads north. Additional
housing within this sixth cycle inventory is set to
be built within the southern portion of the City, the
area of the City which less significantly less truck
traffic than other portions of Vernon.
Program 6 (Environmental Safety Enforcement)
commits the City to enforcing health and
environmental safety regulations on industrial
businesses through its Health Department.
Program 8 (Westside Mixed Use District Zoning
Amendment) will establish new requirements for
healthy residential buildings, such as high-
efficiency air filters and buffers from uses with
heavy industry or trucking.
Program 22 (Environmental Justice) commits the
City to preparing an Environmental Justice
Element of the General Plan. The City will
continue to coordinate with the Department of
Toxic Substance Control (DTSC) on cleanup
resulting from the Exide facility, among other
efforts.
Resolution No. 2023-20
Page 167 of 167
________________________
..
..
Item 1 Page 170 of 171
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the
HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
HRG NOTICE OF HEARING
Notice of Public Hearing - Vernon General Plan - 2021-2029 Housing
Element Update
08/24/2023
Notice Type:
Ad Description
COPY OF NOTICE
3732236
!A000006388315!
An invoice will be sent after the last date of publication. If you prepaid this
order in full, you will not receive an invoice.
NOTICE OF CITY COUNCIL PUBLIC HEARING
The City Council of the City of Vernon will hold a
public hearing at its Regular Meeting on
September 5,2023,at 9:00 a.m.(or as soon
thereafter as the matter can be heard)which you
may attend at Vernon City Hall,City Council
Chamber,4305 Santa Fe Avenue,Vernon,CA
90058,to:
Consider an amendment to the Vernon
General Plan and adoption of a resolution
adopting the 2021-2029 Housing Element
Update,which includes analysis of the
community's housing needs,opportunities,
and constraints,as well as policies and
programs to facilitate the preservation and
development of housing in the community.
All relevant documents will be available for public
review on the City's website once the agenda for
the meeting is posted or from the City Clerk at
CityClerk@cityofvernon.orgor (323)583-8811,
ext.546.All interested persons will be given an
opportunity to comment on the above-referenced
items during the public hearing.In addition,
written comment or questions may be submitted
prior to the hearing as set forth below.Written
Testimony or questions must be received prior to
9:00 a.m.on the date of the hearing.
Please send your comments or questions to:
Daniel Wall,Director of Public Works
City of Vernon
4305 Santa Fe Avenue,Vernon,CA 90058
(323)583-8811 ext.305
Email:Dwall@cityofvernon.org
If you challenge the City's action or any provision
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 public hearing.
In compliance with the Americans with Disabilities
Act (ADA),if you need special assistance to
participate in the meeting,please contact the City
Clerk Department at (323)583-8811 ext.546 at
least 48 hours prior to the meeting to assure
arrangements can be made.
The hearing may be continued,adjourned,or
canceled and rescheduled to a stated time and
place without further notice of a public hearing.
Lisa Pope,City Clerk
Dated:August 21,2023
Publish:August 24,2023
8/24/23
PRE-3732236#
HUNTINGTON PARK BULLETIN
..
..
Item 1 Page 171 of 171
City Council Agenda Report
Meeting Date:September 5, 2023
From:Lisa Pope, City Clerk
Department:City Clerk
Submitted by:Sandra Dolson, Administrative Secretary
Subject
Meeting Minutes
Recommendation
Approve the August 15, 2023 Regular City Council Meeting Minutes.
Background
Staff has prepared and submits the minutes for approval.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. August 15, 2023 Regular City Council Meeting Minutes
..
..
Item 2 Page 1 of 6
MINUTES
VERNON CITY COUNCIL
REGULAR MEETING
TUESDAY, AUGUST 15, 2023
COUNCIL CHAMBER, 4305 SANTA FE AVENUE
CALL TO ORDER
Mayor Larios called the meeting to order at 9:01 a.m.
FLAG SALUTE
Mayor Larios led the Flag Salute.
ROLL CALL
PRESENT:
Crystal Larios, Mayor
Judith Merlo, Mayor Pro Tem
Melissa Ybarra, Council Member
Leticia Lopez, Council Member
Jesus Rivera, Council Member
STAFF PRESENT:
Angela Kimmey, Deputy City Administrator
Zaynah Moussa, City Attorney
Lisa Pope, City Clerk
Fredrick Agyin, Health and Environmental Control Director
Michael Earl, Human Resources Director
Roberto Sousa, Police Chief
Dan Wall, Public Works Director
Todd Dusenberry, Public Utilities General Manager
Margie Otto, Public Utilities Assistant General Manager
Richard Corbi, Public Utilities Planning and Analysis Manager
APPROVAL OF THE AGENDA
MOTION
Council Member Ybarra moved and Council Member Lopez seconded a motion to
approve the agenda. The question was called and the motion carried unanimously.
PUBLIC COMMENT
None.
..
..
Item 2 Page 2 of 6
Regular City Council Meeting Minutes Page 2 of 5
August 15, 2023
PRESENTATIONS
1. Proclamation Recognizing Oscar E. Zozaya
City Clerk Pope read the proclamation recognizing retired Police Officer Oscar E.
Zozaya.
2. Employee Service Pin Awards
Human Resources Director Earl announced the recipients of the July 2023
Employee Service Pin Awards.
CONSENT CALENDAR
MOTION
Council Member Lopez moved and Mayor Pro Tem Merlo seconded a motion to
approve the Consent Calendar. The question was called and the motion carried
unanimously.
The Consent Calendar consisted of the following items:
3. Meeting Minutes
Recommendation: Approve the August 1, 2023 Regular City Council Meeting
Minutes.
4. Claims Against the City
Recommendation: Receive and file the claims submitted by Joel Aguilar in the
amount of $756.01; and Aiman-Smith & Marcy on behalf of Cari McCormick, for
an undetermined amount.
5. Operating Account Warrant Register
Recommendation: Approve Operating Account Warrant Register No. 114, for the
period of July 9 through July 22, 2023, totaling $10,676,759.21 and consisting of
ratification of electronic payments totaling $9,803,961.15 and ratification of the
issuance of early checks totaling $872,798.06.
6. City Payroll Warrant Register
Recommendation: Approve City Payroll Warrant Register No. 806, for the period
of July 1 through July 31, 2023, totaling $2,806,436 and consisting of ratification
of direct deposits, checks and taxes totaling $1,817,583.16 and ratification of
checks and electronic fund transfers (EFT) for payroll related disbursements
totaling $988,852.84 paid through operating bank account.
7. Fire Department Activity Report
Recommendation: Receive and file the June 2023 Fire Department Activity Report.
8. Police Department Activity Report
Recommendation: Receive and file the June 2023 Police Department Activity
Report.
9. Federal Equitable Sharing Agreement and Annual Certification Report
Recommendation: Approve and authorize the Police Chief and City Administrator
to execute the Federal Equitable Sharing Agreement and Annual Certification
Report.
..
..
Item 2 Page 3 of 6
Regular City Council Meeting Minutes Page 3 of 5
August 15, 2023
10. Grant Deed Dedication in Fee a Portion of the Property Located at 3165
Slauson Avenue
Recommendation: A. Find that accepting the Grant Deed is categorically exempt
from California Environmental Quality Act (CEQA) review, in accordance with
CEQA Guidelines Section 15301(c) because if any construction occurs as a result
of accepting and executing the Grant Deed, the project would involve negligible
expansion of an existing street; and B. Adopt Resolution No. 2023-17 accepting
the Grant Deed of a portion of the property located at 3165 Slauson Avenue –
Assessor’s Parcel Number 6310-007-012.
11. Quitclaim Deed for Property Located at 5122 S. Atlantic Boulevard from Clear
Channel Outdoor, LLC
Recommendation: A. Find that accepting the Quitclaim Deed is categorically
exempt from California Environmental Quality Act (CEQA) review, in accordance
with CEQA Guidelines Section 15301(c) because if any construction occurs as a
result of accepting and executing the Quitclaim Deed, the project would involve
negligible expansion of an existing street; and B. Adopt Resolution No. 2023-18
accepting the Quitclaim Deed for the property located at 5122 S. Atlantic Boulevard
– Assessor’s Parcel Number 6314-003-001.
12. Services Agreements with A.M. Ortega Construction, Inc. and Energy
Experts International, Inc. for Natural Gas Project Design, Construction and
Repair Services
Recommendation: A. Find that the proposed action is categorically exempt from
California Environmental Quality Act (CEQA) review, in accordance with CEQA
Guidelines Section 15301, because the contracted services consist of the
maintenance, repair or minor alteration of existing facilities and equipment and
involve negligible or no expansion of an existing use; and B. Approve and authorize
the City Administrator to execute two separate three-year Services Agreements for
Natural Gas Project Design, Construction and Repair Services for which a
combined amount of costs incurred shall not-to-exceed $690,000 over the term of
the agreements, with: 1). A.M. Ortega Construction, Inc., in substantially the same
form as submitted for a total amount not-to-exceed $690,000, for a three-year term;
and 2). Energy Experts International, Inc., in substantially the same form as
submitted, for a total amount not-to-exceed $690,000, for a three-year term.
13. Itron, Inc. Master Sales Agreement for Utility Meter Services
Recommendation: Approve and authorize the City Administrator to execute a
Master Sales Agreement with Itron Inc., in substantially the same form as
submitted, for hardware, software, and maintenance services for utility service
meters for a total amount not-to-exceed $148,770 for a three-year term.
14. Services Agreement with Jemmott Rollins Group, Inc for Vernon
CommUNITY Fund Administrative Support
Recommendation: Approve and authorize the City Administrator to execute a
Professional Services Agreement with Jemmott Rollins Group, Inc., in substantially
the same form as submitted, for administrative support services for Vernon
CommUNITY Fund grantmaking activities for a total amount not-to-exceed
$198,000, for a three-year term ($66,000 annually).
..
..
Item 2 Page 4 of 6
Regular City Council Meeting Minutes Page 4 of 5
August 15, 2023
15. Master Affiliation Services Agreement with Wellness and Equity Alliance
(WEA) for Public Health Services
Recommendation: A. Pursuant to Vernon Municipal Code (VMC) Sections
3.32.110 (B)(2) and (B)(3), find that it is in the best interest of the City to award a
services agreement directly to WEA without a competitive process; and B.
Authorize the City Administrator to execute the Master Affiliation Services
Agreement with WEA, in substantially the same form as submitted, for public
health services for a total amount not-to-exceed $567,000, for a one-year term.
NEW BUSINESS
16. Vernon Public Utilities Electric Cost of Service Analysis and Updated Energy
Cost Adjustment Billing Factor
Public Utilities General Manager Dusenberry, Public Utilities Planning and
Analysis Manager Corbi; and Tony Georgis, New Gen Strategies and Solutions,
presented the staff report.
In response to Council questions, staff explained increased costs and the need to
meet the coverage ratios requiring use of $18 million of the Expense Stabilization
Fund.
MOTION
Council Member Lopez moved and Council Member Ybarra seconded a motion to
adopt Resolution No. 2023-19 to update and implement an Energy Cost
Adjustment Billing Factor procedure and computation method which establishes
an Energy Cost Adjustment to be billed under all electrical rate schedules for
energy transmitted, distributed, and supplied to the City of Vernon electric
customers. The question was called and the motion carried unanimously.
ORAL REPORTS
17. City Administrator Reports on Activities and other Announcements.
Deputy City Administrator Kimmey announced the start of school for Vernon
Elementary; new Principal, Ken Urbina; and Department of Toxic Substances
Control Exide Technical Advisory Group meeting on August 16, from 5:30 p.m. –
7:30 p.m.
18. City Council Reports on Activities (including AB 1234), Announcements, or
Directives to Staff.
Council Member Lopez reported on her attendance at the Independent Cities
Association Summer Seminar, from July 27-30, 2023, with a fiscal impact of
approximately $1,670.
..
..
Item 2 Page 5 of 6
Regular City Council Meeting Minutes Page 5 of 5
August 15, 2023
RECESS
Mayor Larios recessed the meeting to Closed Session at 9:40 a.m.
Mayor Larios left the meeting at 9:40 a.m.
CLOSED SESSION
19. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Attorney
RECONVENE
At 10:51 a.m., Mayor Pro Tem Merlo adjourned Closed Session and reconvened
the regular meeting, with all Council Members present except Mayor Larios.
CLOSED SESSION REPORT
City Attorney Moussa reported that the Council met in Closed Session, discussed
the item on the agenda, and took no reportable action.
ADJOURNMENT
Mayor Pro Tem Merlo adjourned the meeting at 10:51 a.m.
______________________________
CRYSTAL LARIOS, Mayor
ATTEST:
____________________________
LISA POPE, City Clerk
(seal)
..
..
Item 2 Page 6 of 6
City Council Agenda Report
Meeting Date:September 5, 2023
From:Lisa Pope, City Clerk
Department:City Clerk
Submitted by:Sandra Dolson, Administrative Secretary
Subject
Claims Against the City
Recommendation
Receive and file the claims submitted by Cesar Sanchez Sanchez in the amount of $1,137.91;
Levin & Nalbandyan Trial Lawyers on behalf of Raul Mojarro, for an undetermined amount; and
Square-H Brands, Inc., for $14,120.
Background
The City received the following Claims:
Date Received Name of Claimant Amount Demanded
July 31, 2023 Cesar Sanchez Sanchez $1,137.91
August 14, 2023 Raul Mojarro Undetermined
August 17, 2023 Square-H Brands, Inc.$14,120
Pursuant to Municipal Code Section 2.32.040, the above information is listed on the City Council
Agenda as soon as filing of the claims with the City as practical.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. July 31, 2023 Cesar Sanchez Sanchez
2. August 14, 2023 Raul Mojarro
3. August 17, 2023 Square-H Brands, Inc.
..
..
Item 3 Page 1 of 18
..
..
Item 3 Page 2 of 18
..
..
Item 3 Page 3 of 18
..
..
Item 3 Page 4 of 18
..
..
Item 3 Page 5 of 18
..
..
Item 3 Page 6 of 18
..
..
Item 3 Page 7 of 18
..
..
Item 3 Page 8 of 18
..
..
Item 3 Page 9 of 18
..
..
Item 3 Page 10 of 18
..
..
Item 3 Page 11 of 18
..
..
Item 3 Page 12 of 18
..
..
Item 3 Page 13 of 18
..
..
Item 3 Page 14 of 18
..
..
Item 3 Page 15 of 18
..
..
Item 3 Page 16 of 18
CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
TO PERSON OR PROPERTY CLAIM No.
INSTRUCTIONS
1. Claims for death, injury to person or to personal property must be filed not later
than six (6) months after the occurrence. (Gov. Code Sec. 9112)
2. Claimsfor damages to real property must be filed not later than one (1) year ,a >'' `~
after the occurrence. (Gov. Code Sec.911.2) ~`..~~ ~D
3. Read entire claim before filing.
4. See page 2 for diagram upon which to locate place of accident AUG Z 7 2023 5. This claim form must be signed on page 2 at bottom.
6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.
CI I 1 C~.L~~hiS 0~1 ~C~ 7. Claim must be filed with City Clerk. (Gov.Code Sec. 915x)
TO: CITY OF VERNON CITY COUNCIL
Name of Claimant ge o aimant natura person
Square-H Brands, Inc.
Home Address of Claimant City and State Home Telephone Number
2731 S Soto St. Vernon, CA 90058
Business Address of Claimant City and State Business Telephone Number
3615 E Vernon Ave Vernon, CA 90058 323-267-4600
Give address to which you desire notices or communications to be sent regarding this claim:
2731 S Soto St Vernon, CA 90058 (323) 267-4600 noah.haskell@sghb.com
How did DAMAGE or INJURY occur? Give full particulars.
City water began running as dark brown throughout the entire facility during sanitation. We were
unable to clean the food plant properly and lost a ful l day of production. Some product was
showered with the dirty water and had to be discarded.
When did DAMAGE or INJURY occur? Give full particulars, date, time of day, etc.:
Issue began approximately 11:30pm Wednesday 8/2/2023
Where did DAMAGE or INJURY occur? Describe fully, and locateon diagram on reverse side ofthissheet, where
approximate, give street names and address and measurements from landmarks:
3615 E Vernon Ave. All water into facility was dark brown for several hours between 11:30pm and
Gam the following day.
WhatparticularACTorOMISSION doyouclaimcausedthe injury ordamage? GivenamesofCityemployees, if any,
causing the injury or damage, if known:
We were told by the city that damaged casing of a city well was the cause. City officials were on site
promptly but unable to resolve the issue for several hours, despite purging hydrants in the street.
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
3,600 pounds of product discarded. 61 people sent away from work, paid four hours report time, 4 employees
worked all night attempting to clean, but unable. Overtime worked to compensate for lost production time.
WhatAMOUNT do you claim of each item of injury ordamage as of date of presentation ofthis claim, giving basis of
computation:
Total costs of $14,120 comprised of: $5,000 for product damage, $4,880 for four hours report time for 61 people at
$20 per hour. $640 for 4 employees during incident. $3,600 of overtime pay to catch up from lost production day.
Give ESTIMATED AMOUNT as faras known you claim on account of each item of prospective injury or damage, giving
basisof computation:
..
..
Item 3 Page 17 of 18
Were you insured at the time of the incident? If so, provide name of insurance company, policy numbers and amount of insurance
payments received:
No Coverage.
Expenditures made on account of accident or Injury: (Date -Item) (Amount)
See above.
Name and address of Witnesses, Doctors and Hospitals:
READCAREFULLY
For all accident claims place on following diagram names of streets, including North, East. South, and West: indicate place
of accident by "X" and by showing house numbers or distances to street corners.
If City Vehicle was Involved, designate by letter "A" location of City vehicle when you first saw it, and by "6" location of yourself
or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1"and location of yourself or your
vehicle at the time of accident by "8 1" and the point of Impact by "X."
NOTE:If diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.
FOR AUTOMOBILE ACCIDENTS
FOR OTHER ACCIDENTS
31D~1NALK
Gu~e
cure
PAR KVItAY
~ D EIMALK
declare, under penalty of per'ur ,that the fore oin ,including an
Typed/Printed Name: Signature of Claimant or person filing
relationship to CI ant: ~~ Noah Haskell ~ A .~' / ~
attachments, is true and correct.
his/her behalf, giving Date:
8/16/2023
NOTE: ALL CLAIMANTS MAY BE REQUESTED TO BE EXAMINED AS TO THEIR CLAIM UNDER OATH. PRESENTATION OF A FALSE CLAIM IS A FELONY (CAL.
PEN. CODE SEC. 72). CLAIMS MUST BE FILED WITH CITY CLERK (GOV.CODE SEC.915a). STATE LAW PROVIDES THAT IF YOU ARE NOT NOTIFIED OF ANY
ACTION BY THE CITY OF THIS CLAIM WITHIN 45 DAYS OF FILING THEN THE CLAIM IS DEEMED DENIED (SEE GOV. CODE SEC. 911.6 & 912.4)
Rev. 8!4/16
..
..
Item 3 Page 18 of 18
City Council Agenda Report
Meeting Date:September 5, 2023
From:Lisa Pope, City Clerk
Department:City Clerk
Submitted by:Sandra Dolson, Administrative Secretary
Subject
League of California Cities 2023 Annual Conference Voting Delegate and Alternate
Recommendation
Appoint City Administrator Carlos Fandino as the voting delegate and Deputy City Administrator
Angela Kimmey as the alternate to represent the City of Vernon at the General Assembly,
scheduled for September 22, 2023 during the League of California Cities Annual Conference and
Expo.
Background
The League of California Cities (Cal Cities) assists its member California cities defend and
expand local control through advocacy efforts and provides education and training programs
designed to teach city officials about new developments in their field and exchange solutions to
common challenges facing cities. Each year, Cal Cities hosts a Conference and Expo featuring
a variety of speakers and timely presentations on key topics and opportunities for peer-to-peer
sharing with other California city officials. During the Conference, Cal Cities convenes a member-
driven General Assembly and Resolutions process, providing for member engagement on a
range of significant policy issues to protect local control.
In order to vote at the Annual General Assembly, Cal Cities requires City Council action
designating a voting delegate and up to two alternate voting delegates. Cal Cities must be notified
of the City's representatives by August 28, 2023; however, authorization for late submission was
authorized on August 23, 2023.
Since no Council Members are attending the Conference, Staff recommends the Council
consider the appointment of City Administrator Carlos Fandino as the Voting Delegate and
Deputy City Administrator Angela Kimmey as the Alternate.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. League of California Cities Designation of Voting Delegate and Alternate
..
..
Item 4 Page 1 of 6
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20-22, 2023,
Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly
at the Cal Cities Annual Conference and Expo. The General Assembly is an important
opportunity where city officials can directly participate in the development of Cal Cities
policy.
Taking place on Sept. 22, the General Assembly is comprised of voting delegates
appointed by each member city; every city has one voting delegate. Your appointed
voting delegate plays an important role during the General Assembly by representing
your city and voting on resolutions.
To cast a vote during the General Assembly, your city must designate a voting
delegate and up to two alternate voting delegates, one of whom may vote if the
designated voting delegate is unable to serve in that capacity. Voting delegates may
either be an elected or appointed official.
Please complete the attached voting delegate form and email it to Cal Cities office
no later than Monday, August 28.
New this year, we will host a pre-conference information session for voting delegates to
explain their role. Submitting your voting delegate form by the deadline will allow us time
to establish voting delegate/alternate records prior to the conference and provide pre-
conference communications with voting delegates.
Please view Cal Cities’ event and meeting policy in advance of the conference.
Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution
that reflects the council action taken or have your city clerk or mayor sign the form
affirming that the names provided are those selected by the city council.
Please note that designating the voting delegate and alternates must be done by city
council action and cannot be accomplished by individual action of the mayor or city
manager alone.
Council Action Advised by August 28, 2023
..
..
Item 4 Page 2 of 6
Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference;
they may register for Friday only. Conference registration is open on the Cal Cities
website.
For a city to cast a vote, one voter must be present at the General Assembly and in
possession of the voting delegate card and voting tool. Voting delegates and
alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the voting delegate desk. This will enable them to receive
the special sticker on their name badges that will admit the voting delegate into the
voting area during the General Assembly.
Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates,
but only between the voting delegate and alternates. If the voting delegate and
alternates find themselves unable to attend the General Assembly, they may not
transfer the voting card to another city official.
Seating Protocol during General Assembly. At the General Assembly, individuals with a
voting card will sit in a designated area. Admission to the voting area will be limited to the
individual in possession of the voting card and with a special sticker on their name badge
identifying them as a voting delegate.
The voting delegate desk, located in the conference registration area of the SAFE Credit
Union Convention Center in Sacramento, will be open at the following times:
Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On
Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting
at 7:30 a.m., but will be closed during roll calls and voting.
The voting procedures that will be used at the conference are attached to this memo.
Please share these procedures and this memo with your council and especially with the
individuals that your council designates as your city’s voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and
returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please
contact Zach Seals at zseals@calcities.org.
Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly
..
..
Item 4 Page 3 of 6
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org
General Assembly Voting Guidelines
1. One City One Vote. Each member city has a right to cast one vote on
matters pertaining to Cal Cities policy.
2. Designating a City Voting Representative. Prior to the Cal Cities Annual
Conference and Expo, each city council may designate a voting delegate
and up to two alternates; these individuals are identified on the voting
delegate form provided to the Cal Cities Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or
alternates, may pick up the city's voting card at the voting delegate desk in
the conference registration area. Voting delegates and alternates must sign
in at the voting delegate desk. Here they will receive a special sticker on
their name badge and thus be admitted to the voting area at the General
Assembly.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting
delegates (or alternates), and who have picked up their city’s voting card
by providing a signature to the credentials committee at the voting
delegate desk, may sign petitions to initiate a resolution.
5. Voting. To cast the city's vote, a city official must have in their possession the
city's voting card and voting tool; and be registered with the credentials
committee. The voting card may be transferred freely between the voting
delegate and alternates but may not be transferred to another city official
who is neither a voting delegate nor alternate.
6. Voting Area at General Assembly. At the General Assembly, individuals with
a voting card will sit in a designated area. Admission to the voting area will
be limited to the individual in possession of the voting card and with a
special sticker on their name badge identifying them as a voting delegate.
7. Resolving Disputes. In case of dispute, the credentials committee will
determine the validity of signatures on petitioned resolutions and the right of
a city official to vote at the General Assembly.
..
..
Item 4 Page 4 of 6
CITY: ________________________________________
2023 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located
in the Annual Conference Registration Area. Your city council may designate one
voting delegate and up to two alternates.
To vote at the General Assembly, voting delegates and alternates must be designated by your
city council. Please attach the council resolution as proof of designation. As an alternative,
the Mayor or City Clerk may sign this form, affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the General
Assembly. Admission to this designated area will be limited to individuals (voting delegates
and alternates) who are identified with a special sticker on their conference badge. This
sticker can be obtained only at the voting delegate desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _______________________________
Email: ______________________________
3. VOTING DELEGATE - ALTERNATE
Name:
Title:
Email: _____________________________
ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: ____________________________________ Email: _________________________________
Mayor or City Clerk: ________________________ Date: __________ Phone: ________________
(circle one) (signature)
Please complete and email this form to votingdelegates@calcities.org by Monday,
August 28, 2023.
..
..
Item 4 Page 5 of 6
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.
How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to
ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy
to promote local decision-making, and lobby against statewide policy that erodes local control.
The resolutions process and General Assembly is one way that city officials can directly participate in the
development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal
Cities policy. Here’s how Resolutions and the General Assembly works.
The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.
Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.
Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.
Voting delegates
are appointed by each
member city; every city
has one voting delegate.
The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.
Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.
During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.
Potential Cal Cities bylaws amendments are also
considered at this meeting.
Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.
For more information visit www.calcities.org/general-assembly
Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.
General Resolutions approved1
by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.2
• Voting delegates will receive increased communications to prepare
them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for
debate and discussion.
• Improvements to the General Assembly process will make it easier for
voting delegates to discuss and debate resolutions.
What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly.
2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).
..
..
Item 4 Page 6 of 6
City Council Agenda Report
Meeting Date:September 5, 2023
From:Scott Williams, Director of Finance
Department:Finance
Submitted by:Efren Peregrina Renteria, Finance Specialist
Subject
Operating Account Warrant Register
Recommendation
Approve Operating Account Warrant Register No. 115, for the period of July 23 through August
5, 2023, totaling $15,864,754.59 and consisting of ratification of electronic payments totaling
$15,380,249.02 and ratification of the issuance of early checks totaling $484,505.57.
Background
Section 2.32.060 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. 115 covering claims
and demands presented during the period of July 23 through August 5, 2023, drawn, or to be
drawn, from East West Bank for City Council approval.
Fiscal Impact
The fiscal impact of approving Operating Account Warrant Register No. 115, totals
$15,864,754.59. The Finance Department has determined that sufficient funds to pay such
claims/demands, are available in the respective accounts referenced on Operating Account
Warrant Register No. 115.
Attachments
1. Operating Account Warrant Register No. 115
..
..
Item 5 Page 1 of 41
OPERATING ACCOUNT WARRANT REGISTERCity of VernonNo.115I hereby Certify: that claims or demands covered by the This is to certify that the claims or demandsabove listed warrants have been audited as to accuracycovered by the above listed warrants have beenand availability of funds for payments thereof; and thataudited by the City Council of the City of Vernonsaid claims or demands are accurate and that funds areand that all of said warrants are approved for pay-available for payments thereof.ments except Warrant Numbers:Scott A. WilliamsDATEDirector of Finance / City TreasurerDATEDate:Page 1 of 1Operating Account Warrant Register 114 : Warrant8/28/2023..
..
Item 5 Page 2 of 41
484,505.577/27/2023 15,297.60Invoice Description Account PO or Contract Line Item Amount062723 CUSTOMER INCENTIVE PROGRAM 055-050-595-529702 15,297.60Invoice Total: 15,297.607/27/2023 1,684.16Invoice Description Account PO or Contract Line Item Amount19474749 SERVICE CHARGES BAN 9391053029 011-010-110-526010 20230186 1,369.71Invoice Total: 1,369.713144292979 ACCT NO. 8002-996-5433 11/19-12/18/23 011-010-110-526010 IT-0128 314.45Invoice Total: 314.457/27/2023 314.45Invoice Description Account PO or Contract Line Item Amount3145229217 ACCT NO. 8002-996-5433 12/19-01/18/23 011-010-110-526010 IT-0128 314.45Invoice Total: 314.457/27/2023 314.45Invoice Description Account PO or Contract Line Item Amount3143362950 ACCT NO. 8002-996-5433 10/19-11/18/23 011-010-110-526010 IT-0128 314.45Invoice Total: 314.457/27/2023 8,406.00Invoice Description Account PO or Contract Line Item Amount5897 REFUND FOR PUBLIC HEALTH PERMIT OVERPAYMENT011-410-000-410260 8,406.00Invoice Total: 8,406.00VENDOR - 1948 - AT&T PAYMENT # 611437VENDOR - 1948 - AT&T PAYMENT # 611438VENDOR - 1654 - BANDINI TRUCK STOP CENTER, INC PAYMENT # 611439CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023EARLY CHECKS TOTAL:VENDOR - 6689 - ARCTIC GLACIER ICE PAYMENT # 611435VENDOR - 1948 - AT&T PAYMENT # 611436Page 1 of 39..
..
Item 5 Page 3 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/27/2023 111.16Invoice Description Account PO or Contract Line Item Amount38962307250935VEHICLE BATTERY 011-040-420-522000 240021 111.16Invoice Total: 111.167/27/2023 465.32Invoice Description Account PO or Contract Line Item Amount29930 AUTO PARTS 011-040-420-522000 240016 135.74Invoice Total: 135.7430047 AUTO PARTS 011-040-420-522000 240016 103.21Invoice Total: 103.2130078 AUTO PARTS 011-040-420-522000 240016 226.37Invoice Total: 226.377/27/2023 3,164.06Invoice Description Account PO or Contract Line Item Amount21482 SECURITY GATE AND DOOR SERVICE 011-040-415-529000 CS-1472 3,164.06Invoice Total: 3,164.067/27/2023 140.00Invoice Description Account PO or Contract Line Item Amount648836 CYLINDER REFILLS 055-050-586-522000- 230050 140.00Invoice Total: 140.007/27/2023 658.39Invoice Description Account PO or Contract Line Item Amount279311 SUPPLIES 011-040-415-522000 230026 26.33VENDOR - 310 - CRAIG WELDING SUPPLY, CO PAYMENT # 611443VENDOR - 1336 - CURRENT WHOLESALE ELECTRIC PAYMENT # 611444VENDOR - 331 - COMMERCIAL DOOR OF LOS ANGELES PAYMENT # 611442VENDOR - 4448 - BATTERY SYSTEMS, INC PAYMENT # 611440VENDOR - 4163 - CENTRAL FORD AUTOMOTIVE, INC. PAYMENT # 611441Page 2 of 39..
..
Item 5 Page 4 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Total: 26.33279522 SUPPLIES 011-040-415-522000 230026 632.06Invoice Total: 632.067/27/2023 327.27Invoice Description Account PO or Contract Line Item Amount111957137 AUTO PARTS 011-040-420-522000 240012 16.14Invoice Total: 16.14125420677 AUTO PARTS 011-040-420-522000 240012 311.13Invoice Total: 311.137/27/2023 5,778.75Invoice Description Account PO or Contract Line Item Amount180653 SUSTAINABILITY PLAN UPDATE 055-050-580-529215 HD-0052 5,778.75Invoice Total: 5,778.757/27/2023 654.81Invoice Description Account PO or Contract Line Item Amount9559408290 PARTS & SUPPLIES 055-050-555-522000 230056 (88.36)Invoice Total: (88.36)9730993335 PARTS & SUPPLIES 056-060-600-522000 230075 119.69Invoice Total: 119.699733774112 PARTS & SUPPLIES 056-060-600-522000 230075 250.80Invoice Total: 250.809733774120 SUPPLIES 056-060-600-522000 230075 59.16Invoice Total: 59.169737013293 MARKING PAINT 056-060-600-522000 230075 313.52Invoice Total: 313.52VENDOR - 1712 - GRAINGER, CO PAYMENT # 611447VENDOR - 6696 - ELLIOTT AUTO SUPPLY CO, INC PAYMENT # 611445VENDOR - 7469 - ENVIRONMENTAL SCIENCE PAYMENT # 611446Page 3 of 39..
..
Item 5 Page 5 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/27/2023 482.96Invoice Description Account PO or Contract Line Item Amount1125544 REPAIRS & MAINTENANCE 056-060-600-529000 230076 482.96Invoice Total: 482.967/27/2023 7,800.00Invoice Description Account PO or Contract Line Item Amount2713 GATE OPERATOR INSTALLATION 011-040-415-660000 20230246 3,000.00Invoice Total: 3,000.002714 GATE OPERATOR INSTALLATION 011-040-410-660000 20230246 4,800.00Invoice Total: 4,800.007/27/2023 750.00Invoice Description Account PO or Contract Line Item Amount1289 MEMBERSHIP DUES FY 23/24 011-010-105-529550 750.00Invoice Total: 750.007/27/2023 654.05Invoice Description Account PO or Contract Line Item Amount89057 PLAN CHECK SERVICES 011-040-405-529225 CS-1442 534.05Invoice Total: 534.0589060 PLAN CHECK SERVICES 011-040-405-529225 CS-1442 120.00Invoice Total: 120.007/27/2023 5,333.80Invoice Description Account PO or Contract Line Item Amount202546561 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 384.27Invoice Total: 384.27202560033 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 416.12VENDOR - 829 - IRON MOUNTAIN, INC PAYMENT # 611452VENDOR - 7606 - HEAVENLY GARAGE DOOR & GATES PAYMENT # 611449VENDOR - 212 - INDEPENDENT CITIES ASSOCIATION PAYMENT # 611450VENDOR - 4143 - INTERWEST CONSULTING GROUP, INC PAYMENT # 611451VENDOR - 4222 - HEATH CONSULTANTS INCORPORATED PAYMENT # 611448Page 4 of 39..
..
Item 5 Page 6 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Total: 416.12202580442 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 354.11Invoice Total: 354.11202600508 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 354.11Invoice Total: 354.11202617222 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 416.12Invoice Total: 416.12202625833 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 354.11Invoice Total: 354.11202648157 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 354.11Invoice Total: 354.11202656863 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 416.12Invoice Total: 416.12202670040 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 441.24Invoice Total: 441.24202687508 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 441.24Invoice Total: 441.24202699703 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 519.77Invoice Total: 519.77202705256 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 441.24Invoice Total: 441.24202723590 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 441.24Invoice Total: 441.247/27/2023 41,722.67Invoice Description Account PO or Contract Line Item Amount053123 PP DEMOLITION & SITE IMPROVEMENTS 058-070-700-660000 LP-0737 41,722.67Invoice Total: 41,722.67VENDOR - 7444 - J.D.M.L., INC PAYMENT # 611453Page 5 of 39..
..
Item 5 Page 7 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/27/2023 1,280.00Invoice Description Account PO or Contract Line Item Amount2718 SEWC ADMIN SERVICES - 06/23 095-095-905-705000- 1,280.00Invoice Total: 1,280.007/27/2023 2,133.99Invoice Description Account PO or Contract Line Item Amount63945 MIST FAN MOTOR 055-050-586-529000- 230405 130.1563945 MIST FAN MOTOR 055-050-586-529000- 230405 1,757.2963945 MIST FAN MOTOR 055-050-586-529000- 230405 197.6863945 MIST FAN MOTOR 055-050-586-529000- 230405 48.87Invoice Total: 2,133.997/27/2023 565.43Invoice Description Account PO or Contract Line Item Amount194993 AUTO PARTS 011-040-420-522000 240014 158.72Invoice Total: 158.72195050 AUTO PARTS 011-040-420-522000 240014 110.53Invoice Total: 110.53195653 AUTO PARTS 011-040-420-522000 240014 68.38Invoice Total: 68.38195657 AUTO PARTS 011-040-420-522000 240014 227.80Invoice Total: 227.807/27/2023 1,613.04Invoice Description Account PO or Contract Line Item Amount071923 RETIREE HEALTH INSURANCE REIMBURESMENT Q2 - 2023011-010-120-513035 1,613.04Invoice Total: 1,613.04VENDOR - 2361 - LITTLEJOHN REULAND CORP PAYMENT # 611455VENDOR - 309 - NAPA AUTO PARTS PAYMENT # 611456VENDOR - 1148 - NORMAN SUTHERLIN PAYMENT # 611457VENDOR - 971 - KEVIN J SALES PAYMENT # 611454Page 6 of 39..
..
Item 5 Page 8 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/27/2023 326.09Invoice Description Account PO or Contract Line Item Amount3049475134 AUTO PARTS 011-040-420-522000 240015 71.08Invoice Total: 71.083049475177 AUTO PARTS 011-040-420-522000 240015 30.23Invoice Total: 30.233049475906 AUTO PARTS 011-040-420-522000 240015 224.78Invoice Total: 224.787/27/2023 115.00Invoice Description Account PO or Contract Line Item Amount8206 TIRE REPAIR 011-040-420-529000 240013 115.00Invoice Total: 115.007/27/2023 102.58Invoice Description Account PO or Contract Line Item Amount39700 MATERIALS 058-070-700-522000 230046 42.61Invoice Total: 42.6139797 MATERIALS 058-070-700-522000 230046 29.38Invoice Total: 29.3839828 MATERIALS 058-070-700-522000 230046 30.59Invoice Total: 30.597/27/2023 26,967.75Invoice Description Account PO or Contract Line Item Amount062723 CUSTOMER INCENTIVE PROGRAM 055-050-595-529702 26,967.75Invoice Total: 26,967.75VENDOR - 4905 - STERIGENICS PAYMENT # 611461VENDOR - 5934 - O'REILLY AUTO ENTERPRISES, LLC PAYMENT # 611458VENDOR - 3908 - RAFAEL A. LOPEZ PAYMENT # 611459VENDOR - 1845 - SECURITY PAVING COMPANY, INC PAYMENT # 611460Page 7 of 39..
..
Item 5 Page 9 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/27/2023 62.03Invoice Description Account PO or Contract Line Item AmountINV59907 PARTS & SUPPLIES 055-050-586-529000- 230406 62.03Invoice Total: 62.037/27/2023 5,000.00Invoice Description Account PO or Contract Line Item Amount1924 PROVIDE COPYWRITING & CONTENT SERVICES055-050-580-529215 20230197 5,000.00Invoice Total: 5,000.007/27/2023 165.00Invoice Description Account PO or Contract Line Item Amount434955706 PEST CONTROL SERVICES 011-040-415-529000 CS-1408 74.00Invoice Total: 74.00434955791 PEST CONTROL SERVICES 011-040-415-529000 CS-1408 91.00Invoice Total: 91.007/27/2023 17,639.76Invoice Description Account PO or Contract Line Item Amount351236 WELDING SERVICES 055-050-586-529000- 20230212 3,144.36Invoice Total: 3,144.36351237 VALVE REPLACEMENT 055-050-586-529000- 20230212 11,737.74Invoice Total: 11,737.74351238 VALVE REPLACEMENT 055-050-586-529000- 20230212 1,666.00Invoice Total: 1,666.00351256 VALVE REPLACEMENT 055-050-586-529000- LP-0777 1,091.66Invoice Total: 1,091.66VENDOR - 6985 - THE TERMINIX INTERNATIONAL PAYMENT # 611464VENDOR - 7275 - TOTAL-WESTERN, INC PAYMENT # 611465VENDOR - 7406 - SUNSET INDUSTRIAL PARTS, INC PAYMENT # 611462VENDOR - 7566 - THE GLUE, LLC PAYMENT # 611463Page 8 of 39..
..
Item 5 Page 10 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/27/2023 686.25Invoice Description Account PO or Contract Line Item Amount1398580 ODOR STUDY 011-020-200-529225 20230076 686.25Invoice Total: 686.257/27/2023 224.89Invoice Description Account PO or Contract Line Item Amount071323 RETIREE HEALTH INSURANCE REIMBURESMENT Q2 - 2023011-010-120-513035 224.89Invoice Total: 224.897/27/2023 3,300.00Invoice Description Account PO or Contract Line Item Amount072023 RETIREE HEALTH INSURANCE REIMBURESMENT Q2 - 2023011-010-120-513035 3,300.00Invoice Total: 3,300.007/27/2023 6,067.00Invoice Description Account PO or Contract Line Item Amount490192 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 2,305.00Invoice Total: 2,305.00495531 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 1,614.00Invoice Total: 1,614.00500109 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 1,031.00Invoice Total: 1,031.00536320 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 799.00Invoice Total: 799.00540939 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 318.00Invoice Total: 318.00VENDOR - 1799 - VICTOR VASQUEZ PAYMENT # 611467VENDOR - 892 - WILLIAM FOLTZ JR PAYMENT # 611468VENDOR - 7366 - WOOD SMITH HENNING & BERMAN LLP PAYMENT # 611469VENDOR - 6997 - TRINITY CONSULTANTS, INC PAYMENT # 611466Page 9 of 39..
..
Item 5 Page 11 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/27/2023 4,666.48Invoice Description Account PO or Contract Line Item Amount3611066 MANAGED PRINT SERVICES 011-010-110-529110 IT-0141 2,333.24Invoice Total: 2,333.244363794 MANAGED PRINT SERVICES 011-010-110-529110 IT-0141 2,333.24Invoice Total: 2,333.248/3/2023 299.00Invoice Description Account PO or Contract Line Item Amount073123 DEPOSIT DJ SERVICE 2023 EMPLOYEE RECOGNITION EVENT011-010-120-529690 20240061 299.00Invoice Total: 299.008/3/2023 97.50Invoice Description Account PO or Contract Line Item Amount072723 TRAINING: BICYCLE PATROL 011-030-300-529500 97.50Invoice Total: 97.508/3/2023 1,686.71Invoice Description Account PO or Contract Line Item Amount19620598 SERVICE ACCOUNT BAN 9391053026 011-010-110-526010 20230186 48.98Invoice Total: 48.9819620601 SERVICE ACCOUNT BAN 19620601 011-010-110-526010 20230186 1,394.10Invoice Total: 1,394.1019621033 SERVICE ACCOUNT BAN 9391060354 011-010-110-526010 20230186 219.14Invoice Total: 219.1419661902 SERVICE ACCOUNT BAN 9391053440 011-010-110-526010 20230186 24.49Invoice Total: 24.49VENDOR - 1948 - AT&T PAYMENT # 611473VENDOR - 743 - XEROX CORPORATION PAYMENT # 611470VENDOR - 7481 - ALEJANDRO CERVANTES PAYMENT # 611471VENDOR - 6695 - ALFONSO MADRIGAL PAYMENT # 611472Page 10 of 39..
..
Item 5 Page 12 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20238/3/2023 1,962.40Invoice Description Account PO or Contract Line Item Amount3708018705 ACCOUNT NO. 831-000-9006 723 011-010-110-526010 20230186 1,962.40Invoice Total: 1,962.408/3/2023 440.00Invoice Description Account PO or Contract Line Item Amount206096 BACKFLOW VALVE INSPECTION 055-050-586-520230- 20230107 440.00Invoice Total: 440.008/3/2023 291.94Invoice Description Account PO or Contract Line Item Amount38962306050912BATTERIES 011-040-420-522000 230012 291.94Invoice Total: 291.948/3/2023 530.57Invoice Description Account PO or Contract Line Item Amount080123 MEDICAL REIMBURSEMENT 011-010-120-513035 530.57Invoice Total: 530.578/3/2023 6,029.50Invoice Description Account PO or Contract Line Item Amount304667 LEGAL SERVICES 011-010-115-529200 LD-0044-1 2,533.50Invoice Total: 2,533.50304668 LEGAL SERVICES 011-010-115-529200 LD-0044-1 3,394.00Invoice Total: 3,394.00304669 LEGAL SERVICES 011-010-115-529200 LD-0044-1 102.00VENDOR - 4448 - BATTERY SYSTEMS, INC PAYMENT # 611476VENDOR - 813 - BRUCE V MALKENHORST, SR PAYMENT # 611477VENDOR - 5078 - BURKE, WILLIAMS & SORENSEN, LLP PAYMENT # 611478VENDOR - 1948 - AT&T PAYMENT # 611474VENDOR - 294 - BACKFLOW APPARATUS & VALVE CO PAYMENT # 611475Page 11 of 39..
..
Item 5 Page 13 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Total: 102.008/3/2023 311.50Invoice Description Account PO or Contract Line Item Amount93032 AUTO PARTS 011-040-420-522000 240009 311.50Invoice Total: 311.508/3/2023 1,667.88Invoice Description Account PO or Contract Line Item Amount30230 AUTO PARTS 011-040-420-522000 240016 706.42Invoice Total: 706.4230386 AUTO PARTS 011-040-420-522000 240016 175.17Invoice Total: 175.1730403 AUTO PARTS 011-040-420-522000 240016 706.42Invoice Total: 706.4230612 AUTO PARTS 011-040-420-522000 240016 79.87Invoice Total: 79.878/3/2023 27,162.29Invoice Description Account PO or Contract Line Item Amount105655CS STREET SWEEPING SERVICES 03/23 011-040-430-529000 CS-1434 27,162.29Invoice Total: 27,162.298/3/2023 169.79Invoice Description Account PO or Contract Line Item Amount648961 WELDING SUPPLIES 011-040-435-522000 240091 169.79Invoice Total: 169.798/3/2023 1,016.14VENDOR - 310 - CRAIG WELDING SUPPLY, CO PAYMENT # 611483VENDOR - 6696 - ELLIOTT AUTO SUPPLY CO, INC PAYMENT # 611484VENDOR - 818 - CAMINO REAL CHEVROLET PAYMENT # 611479VENDOR - 4163 - CENTRAL FORD AUTOMOTIVE, INC. PAYMENT # 611480VENDOR - 4860 - CLEANSTREET, LLC PAYMENT # 611482Page 12 of 39..
..
Item 5 Page 14 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Description Account PO or Contract Line Item Amount109884070 AUTO PARTS 011-040-420-522000 240012 6.80Invoice Total: 6.80125425898 AUTO PARTS 011-040-420-522000 240012 883.65Invoice Total: 883.65125426025 AUTO PARTS 011-040-420-522000 240012 125.69Invoice Total: 125.698/3/2023 773.35Invoice Description Account PO or Contract Line Item Amount51948 REPAIR SPRAYER 011-040-420-522000 240115 460.8551948 REPAIR SPRAYER 011-040-420-529000 240115 312.50Invoice Total: 773.358/3/2023 7,423.60Invoice Description Account PO or Contract Line Item AmountV2724575 PROOF POINT SOFTWARE 011-010-110-529110 230419 7,423.60Invoice Total: 7,423.608/3/2023 1,483.38Invoice Description Account PO or Contract Line Item Amount072723 GARNISHMENT 011-000-000-210260 1,483.38Invoice Total: 1,483.388/3/2023 750.50Invoice Description Account PO or Contract Line Item AmountIN341202 GPS SERVICES 011-040-420-529000 CS-1475 750.50Invoice Total: 750.50VENDOR - 7631 - EPLUS TECHNOLOGY, INC PAYMENT # 611486VENDOR - 4181 - FRANCHISE TAX BOARD PAYMENT # 611487VENDOR - 7107 - GEOTAB USA, INC PAYMENT # 611488VENDOR - 1192 - EMPIRE WEST CORPORATION PAYMENT # 611485Page 13 of 39..
..
Item 5 Page 15 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20238/3/2023 220.50Invoice Description Account PO or Contract Line Item Amount9753997825 PARTS & SUPPLIES 011-040-415-522000 230028 220.50Invoice Total: 220.508/3/2023 397.58Invoice Description Account PO or Contract Line Item AmountWOI0509750 WINDSHIELD REPLACEMENT 011-040-420-522000 230433 202.58WOI0509750 WINDSHIELD REPLACEMENT 011-040-420-529000 230433 195.00Invoice Total: 397.588/3/2023 2,877.54Invoice Description Account PO or Contract Line Item Amount13635577 POLYMETRON 055-050-586-520230- 230051 2,877.54Invoice Total: 2,877.548/3/2023 20.00Invoice Description Account PO or Contract Line Item Amount062123 MEDICAL SERVICES / B. MALKENHORST #250564011-010-120-513035 20.00Invoice Total: 20.008/3/2023 959.16Invoice Description Account PO or Contract Line Item Amount072723 EMPLOYEE CONTRIBUTIONS 011-000-000-210221 593.76072723 EMPLOYEE CONTRIBUTIONS 055-000-000-210221 365.40Invoice Total: 959.168/3/2023 267.50VENDOR - 584 - HOAG URGENT CARE - HUNTINGTON PAYMENT # 611492VENDOR - 4239 - HSA BANK PAYMENT # 611493VENDOR - 4093 - JOHN RODRIGUEZ PAYMENT # 611494VENDOR - 1712 - GRAINGER, CO PAYMENT # 611489VENDOR - 4035 - GTO AUTO GLASS PAYMENT # 611490VENDOR - 1355 - HACH COMPANY PAYMENT # 611491Page 14 of 39..
..
Item 5 Page 16 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Description Account PO or Contract Line Item AmountAH185163 TRANSMISSION MOUNT SERVICE 011-040-420-522000 240121 137.50AH185163 TRANSMISSION MOUNT SERVICE 011-040-420-529000 240121 130.00Invoice Total: 267.508/3/2023 19.00Invoice Description Account PO or Contract Line Item Amount070723 MEDICAL SERVICES / B. MALKENHORST ACCT 5133011-010-120-513035 19.00Invoice Total: 19.008/3/2023 500.49Invoice Description Account PO or Contract Line Item Amount072723 GARNISHMENT 011-000-000-210260 500.49Invoice Total: 500.498/3/2023 16.92Invoice Description Account PO or Contract Line Item Amount11045564 TRANSLATION SERVICES 011-030-300-529220 20230162 16.92Invoice Total: 16.928/3/2023 1,974.77Invoice Description Account PO or Contract Line Item Amount63713 VIBRATION TEST 055-050-586-529000- LP-0749 565.00Invoice Total: 565.0064043 TRANSFORMER FAN MOTOR 055-050-586-529000- 230400 99.7564043 TRANSFORMER FAN MOTOR 055-050-586-529000- 230400 1,310.02Invoice Total: 1,409.77VENDOR - 2361 - LITTLEJOHN REULAND CORP PAYMENT # 611498VENDOR - 6883 - KEITH W. COWHEY, D.D.S., INC PAYMENT # 611495VENDOR - 5333 - LA COUNTY SHERIFF'S DEPT. PAYMENT # 611496VENDOR - 3272 - LANGUAGE LINE SERVICES, INC PAYMENT # 611497Page 15 of 39..
..
Item 5 Page 17 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20238/3/2023 512.31Invoice Description Account PO or Contract Line Item Amount195072 PARTS & SUPPLIES 011-040-420-522000 240122 393.75195072 PARTS & SUPPLIES 011-040-420-529000 240122 118.56Invoice Total: 512.318/3/2023 38,616.00Invoice Description Account PO or Contract Line Item Amount2945 PATCH DAMAGE WALLS & TEXTURES 011-040-410-529000 20230172 30,046.00Invoice Total: 30,046.002946 KITCHEN REPAIR 011-040-410-529000 20230172 8,570.00Invoice Total: 8,570.008/3/2023 9,500.00Invoice Description Account PO or Contract Line Item Amount23094 VACUUM TRUCK SUPPORT 055-050-586-529000- 20230157 5,000.00Invoice Total: 5,000.0023095 ENVIRONMENTAL SERVICES 055-050-586-529000- 20230158 4,500.00Invoice Total: 4,500.008/3/2023 16,287.22Invoice Description Account PO or Contract Line Item Amount93989105 WALK BEHIND ROLLER 011-040-430-660000 230301 16,287.22Invoice Total: 16,287.228/3/2023 141.24Invoice Description Account PO or Contract Line Item Amount193823 AUTO PARTS 011-040-420-522000 240014 88.70Invoice Total: 88.70VENDOR - 7280 - MESA ENVIRONMENTAL SERVICES, INC PAYMENT # 611501VENDOR - 217 - MULTIQUIP, INC PAYMENT # 611502VENDOR - 309 - NAPA AUTO PARTS PAYMENT # 611503VENDOR - 7653 - MARCO INDUSTRIES, INC PAYMENT # 611499VENDOR - 6667 - MEGA RENOVATION, INC PAYMENT # 611500Page 16 of 39..
..
Item 5 Page 18 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023196301 AUTO PARTS 011-040-420-522000 240014 52.54Invoice Total: 52.548/3/2023 1,023.95Invoice Description Account PO or Contract Line Item Amount44032IN ARROW BOARD 011-040-420-522000 240116 1,008.0144032IN ARROW BOARD 011-040-420-529000 240116 15.94Invoice Total: 1,023.958/3/2023 20.00Invoice Description Account PO or Contract Line Item Amount111722 MEDICAL SERVICES / B. MALKENHORST #50121643011-010-120-513035 20.00Invoice Total: 20.008/3/2023 12.69Invoice Description Account PO or Contract Line Item Amount062023 MEDICAL SERVICES / B. MALKENHORST #28307154915222011-010-120-513035 12.69Invoice Total: 12.698/3/2023 8.27Invoice Description Account PO or Contract Line Item AmountS1284050001 SUPPLIES & PARTS 011-040-415-522000 240056 8.27Invoice Total: 8.278/3/2023 3,230.40Invoice Description Account PO or Contract Line Item Amount3119729 SKILLED STAFFING 055-050-595-529215 20230183 3,230.40VENDOR - 1943 - PLUMBING & INDUSTRIAL SUPPLY PAYMENT # 611507VENDOR - 7584 - POCH STAFFING, INC PAYMENT # 611508VENDOR - 3493 - NATIONAL SIGNAL, INC PAYMENT # 611504VENDOR - 7657 - NGHIA NGUYEN PAYMENT # 611505VENDOR - 7658 - ORANGE COUNTY UROLOGY PAYMENT # 611506Page 17 of 39..
..
Item 5 Page 19 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Total: 3,230.408/3/2023 1,590.00Invoice Description Account PO or Contract Line Item Amount20237268A TAPE DRIVE RENEWAL 6/1/23 - 5/31/24 011-010-110-529110 240019 1,590.00Invoice Total: 1,590.008/3/2023 12,455.38Invoice Description Account PO or Contract Line Item Amount232212 ELECTION PREPARATION SERVICES 04/11/23011-010-125-529300 12,455.38Invoice Total: 12,455.388/3/2023 75.00Invoice Description Account PO or Contract Line Item AmountS23257ZVRN PAT PD APPLICANTS 011-010-120-529905 50.00Invoice Total: 50.00X2323ZVRN PAT PD APPLICANTS 011-010-120-529905 25.00Invoice Total: 25.008/3/2023 52.00Invoice Description Account PO or Contract Line Item Amount073123 LIVE SCAN REIMBURSEMENT 011-010-120-529215 52.00Invoice Total: 52.008/3/2023 2,015.61Invoice Description Account PO or Contract Line Item Amount64279 RAIN UNIFORMS 055-050-586-524000- 230265 10.0064279 RAIN UNIFORMS 055-050-586-524000- 230265 205.85VENDOR - 7356 - SLATE ROCK FR LLC PAYMENT # 611513VENDOR - 1931 - REGISTRAR-RECORDER/COUNTY CLK PAYMENT # 611510VENDOR - 805 - RIO HONDO COLLEGE PAYMENT # 611511VENDOR - 7659 - SARA SANDOVAL PAYMENT # 611512VENDOR - 7648 - RDT SOLUTIONS, LLC PAYMENT # 611509Page 18 of 39..
..
Item 5 Page 20 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/202364279 RAIN UNIFORMS 055-050-586-524000- 230265 1,029.2564279 RAIN UNIFORMS 055-050-586-524000- 230265 120.5864279 RAIN UNIFORMS 055-050-586-524000- 230265 602.9064279 RAIN UNIFORMS 055-050-586-524000- 230265 47.03Invoice Total: 2,015.618/3/2023 7,498.16Invoice Description Account PO or Contract Line Item Amount4204288 EMISSIONS FEES (FACILITY ID: 195802) 055-050-586-520232- 7,498.16Invoice Total: 7,498.168/3/2023 370.00Invoice Description Account PO or Contract Line Item Amount74112 FRONT AXLE & ALIGNMENT REPAIR 011-040-420-529000 240008 180.00Invoice Total: 180.0074136 FRONT AXLE & ALIGNMENT REPAIR 011-040-420-529000 240008 190.00Invoice Total: 190.008/3/2023 4,725.53Invoice Description Account PO or Contract Line Item AmountS123305213001PARTS & SUPPLIES 055-050-555-522000 230070 4,725.53Invoice Total: 4,725.538/3/2023 3,723.88Invoice Description Account PO or Contract Line Item Amount73166 BRAKE REPAIR 011-040-420-522000 230398 135.9673166 BRAKE REPAIR 011-040-420-529000 230398 75.0073166 BRAKE REPAIR 011-040-420-529000 230398 3,512.92VENDOR - 2886 - WALTERS WHOLESALE ELECTRIC, CO PAYMENT # 611516VENDOR - 4514 - WESTERN TRUCK EXCHANGE PAYMENT # 611517VENDOR - 1158 - SOUTH COAST AQMD PAYMENT # 611514VENDOR - 1973 - STEVEN J. BURRIS PAYMENT # 611515Page 19 of 39..
..
Item 5 Page 21 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Total: 3,723.888/3/2023 3,414.48Invoice Description Account PO or Contract Line Item AmountI50000935987 ENVIRONMENTAL SERVICES 055-050-586-520230- LP-0783 2,214.48Invoice Total: 2,214.48I50000938229 ENVIRONMENTAL SERVICES 055-050-586-520230- LP-0783 1,200.00Invoice Total: 1,200.008/3/2023 986.00Invoice Description Account PO or Contract Line Item Amount17332 CAR WASH SERVICES 011-040-420-529000 CS-1450 986.00Invoice Total: 986.008/3/2023 149,809.47Invoice Description Account PO or Contract Line Item AmountINY0448509 GATEWAY ARCH PROJECT 011-040-430-660000 CS-1425 149,809.47Invoice Total: 149,809.478/3/2023 4,113.28Invoice Description Account PO or Contract Line Item Amount7870 SIGN REPLACEMENT SUPPLIES 011-040-430-522000 230035 2,375.92Invoice Total: 2,375.9298519 SIGN REPLACEMENT SUPPLIES 011-040-430-522000 230035 1,737.36Invoice Total: 1,737.36VENDOR - 6372 - XPRESS WASH, INC PAYMENT # 611519VENDOR - 7391 - YOUNG ELECTRIC SIGN COMPANY PAYMENT # 611520VENDOR - 1153 - ZUMAR INDUSTRIES, INC PAYMENT # 611521VENDOR - 2308 - WORLD OIL ENVIRONMENTAL SERVICES PAYMENT # 611518Page 20 of 39..
..
Item 5 Page 22 of 41
15,380,249.027/26/2023 2,561,353.39Invoice Description Account PO or Contract Line Item Amount8200000341099 PROPERTTY/CASUALTY INSURANCE BROKERAGE FEE011-010-130-520035 FI-0035 92,500.00Invoice Total: 92,500.008200000343908 RENEWAL - EXCESS LIABILITY COVERAGE INSURANCE055-050-586-520035- 266,278.69Invoice Total: 266,278.698200000344063 RENEWAL - EXCESS EARTHQUAKE COVERAGE055-050-586-520035- 20,751.56Invoice Total: 20,751.568200000344064 RENEWAL - EXCESS EARTHQUAKE COVERAGE055-050-586-520035- 51,878.90Invoice Total: 51,878.908200000344066 RENEWAL - EXCESS EARTHQUAKE COVERAGE055-050-586-520035- 5,187.90Invoice Total: 5,187.908200000344091 RENEWAL - EXCESS EARTHQUAKE COVERAGE055-050-586-520035- 51,878.90Invoice Total: 51,878.908200000344186 RENEWAL - COMMERCIAL PROPERTY INSURANCE055-050-586-520035- 689,554.00Invoice Total: 689,554.009900000367008 RENEWAL - COMMERCIAL PROPERTY INSURANCE055-050-580-520035 863,479.37Invoice Total: 863,479.379900000367010 RENEWAL - COMMERCIAL PROPERTY INSURANCE055-050-586-520035- 86,378.17Invoice Total: 86,378.179900000367011 RENEWAL - COMMERCIAL PROPERTY INSURANCE055-050-586-520035- 175,000.00CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023ELECTRONIC TOTAL:VENDOR - 3266 - AON RISK INSURANCE SERVICES PAYMENT # 15394Page 21 of 39..
..
Item 5 Page 23 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Total: 175,000.00990000367012 RENEWAL - COMMERCIAL PROPERTY INSURANCE055-050-586-520035- 258,465.90Invoice Total: 258,465.907/28/2023 604.65Invoice Description Account PO or Contract Line Item Amount4158714569 UNIFORM RENTAL SERVICE 055-050-586-524000- LP-0663 220.394158714569 UNIFORM RENTAL SERVICE 056-060-600-524000 LP-0663 83.394158714569 UNIFORM RENTAL SERVICE 058-070-700-524000 LP-0663 219.894158714569 UNIFORM RENTAL SERVICE 055-050-550-524000 LP-0663 15.364158714569 UNIFORM RENTAL SERVICE 055-050-555-524000 LP-0663 170.62Invoice Total: 709.659229461877 UNIFORM RENTAL SERVICE CREDIT 058-070-700-524000 LP-0663 (105.00)Invoice Total: (105.00)7/28/2023 1,450,399.27Invoice Description Account PO or Contract Line Item AmountC0011320 FIRE PROTECTION SERVICES 011-030-305-529215 1,392,735.45C0011320 FIRE PROTECTION SERVICES 011-030-305-529215 30,142.22C0011320 FIRE PROTECTION SERVICES 011-030-305-529215 27,521.60Invoice Total: 1,450,399.277/28/2023 4,950.00Invoice Description Account PO or Contract Line Item Amount150327244 DUCT CLEANING SERVICES 011-040-415-529000 20230204 4,950.00Invoice Total: 4,950.007/28/2023 150.00Invoice Description Account PO or Contract Line Item AmountVENDOR - 1444 - COUNTY OF LOS ANGELES PAYMENT # 15398VENDOR - 6595 - COVELLO'S PACIFIC AIRCARE, INC PAYMENT # 15399VENDOR - 947 - DAILY JOURNAL CORPORATION PAYMENT # 15400VENDOR - 5490 - CINTAS CORPORATION NO. 2 PAYMENT # 15397Page 22 of 39..
..
Item 5 Page 24 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023B3709727 NATURAL GAS AWARENESS NOTICE 056-060-600-529600 150.00Invoice Total: 150.007/28/2023 168.74Invoice Description Account PO or Contract Line Item Amount387745IN STRANDED COPPER CABLE 056-060-600-529000 230331 168.74Invoice Total: 168.747/28/2023 414.00Invoice Description Account PO or Contract Line Item Amount20221 ENVIRONMENTAL SERVICES 011-040-415-529000 CS-1377 414.00Invoice Total: 414.007/28/2023 6,423.39Invoice Description Account PO or Contract Line Item Amount348647 COMPLIANCE SUPPORT SERVICES 055-050-580-529225 LP-0570 6,423.39Invoice Total: 6,423.397/28/2023 5,000.00Invoice Description Account PO or Contract Line Item AmountB21B39090002 MEMBERSHIP DUES FY 23/24 011-010-150-529550 5,000.00Invoice Total: 5,000.007/28/2023 25,000.00Invoice Description Account PO or Contract Line Item Amount2210313 CITY OF VERNON IMPACT STUDY 011-010-150-525000 20230259 25,000.00Invoice Total: 25,000.007/28/2023 4,709.00Invoice Description Account PO or Contract Line Item AmountVENDOR - 875 - LOS ANGELES COUNTY ECONOMIC PAYMENT # 15404VENDOR - 875 - LOS ANGELES COUNTY ECONOMIC PAYMENT # 15405VENDOR - 6422 - MARIPOSA LANDSCAPES, INC PAYMENT # 15406VENDOR - 6899 - G2 INTEGRATED SOLUTIONS, LLC PAYMENT # 15403VENDOR - 2947 - FARWEST CORROSION CONTROL CO. PAYMENT # 15401VENDOR - 4438 - FLEMING ENVIRONMENTAL, INC PAYMENT # 15402Page 23 of 39..
..
Item 5 Page 25 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023103323 GROUNDS MAINTENANCE AGREEMENT 011-040-415-529000 CS-1413 4,709.00Invoice Total: 4,709.007/28/2023 867.87Invoice Description Account PO or Contract Line Item Amount28007495 SPECIALTY GASES 055-050-586-520230- LP-0790 399.96Invoice Total: 399.96771081713 SPECIALTY GASES 055-050-586-520230- LP-0790 467.91Invoice Total: 467.917/28/2023 941.02Invoice Description Account PO or Contract Line Item Amount97270127 Safety Glasses 055-050-586-522000- 230053 471.79Invoice Total: 471.7999606395 PARTS & SUPPLIES 055-050-586-529000- 230053 204.03Invoice Total: 204.0399745600 PARTS & SUPPLIES 055-050-586-529000- 230053 265.20Invoice Total: 265.207/28/2023 595.00Invoice Description Account PO or Contract Line Item Amount243145 PROF SERVICES - JUNE 2023 095-095-905-705020- 595.00Invoice Total: 595.007/28/2023 6,224,926.84Invoice Description Account PO or Contract Line Item Amount96150746 SIEMENS SERVICES AGREEMENT LTS 055-050-586-529000- 20230274 50,659.8096150746 SIEMENS SERVICES AGREEMENT LTS 055-000-000-200200 20230274 6,174,267.04Invoice Total: 6,224,926.84VENDOR - 7361 - SIEMENS ENERGY, INC PAYMENT # 15410VENDOR - 1150 - MCMASTER-CARR SUPPLY COMPANY PAYMENT # 15408VENDOR - 3900 - RICHARDS, WATSON & GERSHON PAYMENT # 15409VENDOR - 6520 - MATHESON TRI-GAS, INC PAYMENT # 15407Page 24 of 39..
..
Item 5 Page 26 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/28/2023 5,595.56Invoice Description Account PO or Contract Line Item AmountIN16614 SUPPLIES & PARTS 056-060-600-522000 230071 5,595.56Invoice Total: 5,595.567/28/2023 2,100.00Invoice Description Account PO or Contract Line Item Amount45417913 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 2,100.00Invoice Total: 2,100.007/28/2023 4,300.00Invoice Description Account PO or Contract Line Item Amount498212 VERITONE SOFTWARE FOR PD 011-010-110-529110 20240007 4,300.00Invoice Total: 4,300.007/28/2023 2,400.00Invoice Description Account PO or Contract Line Item Amount498211 VERITONE LICENSE 011-010-110-529110 20240000 2,400.00Invoice Total: 2,400.007/28/2023 1,435.20Invoice Description Account PO or Contract Line Item Amount7738861214 GLOBALSTAR SERVICE 011-010-110-529110 240028 1,435.20Invoice Total: 1,435.207/28/2023 488,247.41Invoice Description Account PO or Contract Line Item Amount202307253160513414RECALCULATION CHARGES 04/23 055-050-590-520150 (1,695.33)202307253160513414RECALCULATION CHARGES 04/23 055-050-590-520190 (109.95)VENDOR - 2412 - CALIFORNIA ISO PAYMENT # 15430VENDOR - 7126 - VERITONE, INC PAYMENT # 15413VENDOR - 7126 - VERITONE, INC PAYMENT # 15414VENDOR - 894 - WHENEVER COMMUNICATIONS, LLC PAYMENT # 15415VENDOR - 4318 - TIMOTHY MARQUEZ PAYMENT # 15411VENDOR - 1447 - TYLER TECHNOLOGIES, INC PAYMENT # 15412Page 25 of 39..
..
Item 5 Page 27 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023202307253160513414RECALCULATION CHARGES 04/23 055-050-590-520170 755.93202307253160513414INITIAL CHARGES 07/23 055-050-590-520170 1,283.11202307253160513414INITIAL CHARGES 07/23 055-050-590-520190 4,444.89202307253160513414INITIAL CHARGES 07/23 055-050-590-520210 11,265.29202307253160513414INITIAL CHARGES 07/23 055-050-590-520150 472,303.47Invoice Total: 488,247.418/2/2023 3,900.00Invoice Description Account PO or Contract Line Item Amount242309 ERC MEMBERSHIP 011-010-120-529215 3,900.00Invoice Total: 3,900.008/4/2023 6,904.45Invoice Description Account PO or Contract Line Item Amount9900000367014 RENEWAL - CRIME PRIMARY 011-010-130-520035 2,220.37Invoice Total: 2,220.37990000367013 RENEWAL - EXCESS LIABILITY COVERAGE 011-010-130-520035 4,684.08Invoice Total: 4,684.088/4/2023 7,500.00Invoice Description Account PO or Contract Line Item Amount5607586184 BLOOMBERG SUBSCRIPTION 011-010-130-529225 20230190 7,500.00Invoice Total: 7,500.008/4/2023 22,111.47VENDOR - 1479 - BLOOMBERG FINANCE, LP PAYMENT # 15434VENDOR - 447 - CDW GOVERNMENT, INC PAYMENT # 15435VENDOR - 3604 - LIEBERT CASSIDY WHITMORE PAYMENT # 15431VENDOR - 3266 - AON RISK INSURANCE SERVICES PAYMENT # 15433Page 26 of 39..
..
Item 5 Page 28 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Description Account PO or Contract Line Item AmountKL98431 ANTIVIRUS SOFTWARE 011-010-110-529110 240003 20,979.00Invoice Total: 20,979.00KP78761 TV FOR PUBLIC WORKS 011-010-110-529110 230358 1,132.47Invoice Total: 1,132.478/4/2023 21,928.21Invoice Description Account PO or Contract Line Item AmountVERJUN23 PORTABLE WATER CHARGES 06/23 058-070-700-520130 8,057.69VERJUN23 PORTABLE WATER CHARGES 06/23 055-050-586-520135- 13,870.52Invoice Total: 21,928.218/4/2023 30,258.47Invoice Description Account PO or Contract Line Item Amount801773 CONSULTING SERVICES AGREEMENT 011-040-430-660000 CS-0099 3,470.65801773 CONSULTING SERVICES AGREEMENT 011-595-430-660000 CS-0099 26,787.82Invoice Total: 30,258.478/4/2023 14,668.00Invoice Description Account PO or Contract Line Item Amount815175 CYBERNETICS SOFTWARE 011-010-110-529110 240001 14,668.00Invoice Total: 14,668.008/4/2023 78.00Invoice Description Account PO or Contract Line Item Amount072723 TRAINING: BICYCLE PATROL 011-030-300-529500 78.00Invoice Total: 78.008/4/2023 75.00Invoice Description Account PO or Contract Line Item AmountVENDOR - 947 - DAILY JOURNAL CORPORATION PAYMENT # 15440VENDOR - 3975 - CNS ENGINEERS, INC PAYMENT # 15437VENDOR - 3705 - CONTEMPORARY CYBERNETICS PAYMENT # 15438VENDOR - 6661 - CYNTHIA MACIEL PAYMENT # 15439VENDOR - 1401 - CENTRAL BASIN MWD PAYMENT # 15436Page 27 of 39..
..
Item 5 Page 29 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023B3722315 PUBLICATION SERVICES 011-010-125-525000 75.00Invoice Total: 75.008/4/2023 123.00Invoice Description Account PO or Contract Line Item Amount062023 TRAINING: SHERMAN BLOCK SLI CLASS 519- 2011-030-300-529500 123.00Invoice Total: 123.008/4/2023 975.00Invoice Description Account PO or Contract Line Item Amount20244 ENVIRONMENTAL SERVICES 011-040-415-529000 CS-1377 975.00Invoice Total: 975.008/4/2023 41,784.84Invoice Description Account PO or Contract Line Item Amount30395 WELL & BOOSTER PUMP REPAIR 058-070-700-529000 LP-0688 41,784.84Invoice Total: 41,784.848/4/2023 4,935.00Invoice Description Account PO or Contract Line Item Amount18687 GST CrimeMap 011-010-110-529110 240050 4,935.00Invoice Total: 4,935.008/4/2023 5,686.00Invoice Description Account PO or Contract Line Item Amount74180911 MERAKI PORTAL LICENSE 011-010-110-529110 230385 5,686.00Invoice Total: 5,686.008/4/2023 1,755.00VENDOR - 3488 - HILDA MORENO PAYMENT # 15446VENDOR - 147 - GENERAL PUMP COMPANY, INC PAYMENT # 15443VENDOR - 3917 - GEOSPATIAL TECHNOLOGIES, INC PAYMENT # 15444VENDOR - 1729 - GOVCONNECTION, INC PAYMENT # 15445VENDOR - 3248 - DANIEL ONOPA PAYMENT # 15441VENDOR - 4438 - FLEMING ENVIRONMENTAL, INC PAYMENT # 15442Page 28 of 39..
..
Item 5 Page 30 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Description Account PO or Contract Line Item Amount073123 TUITION REIMBURSEMENT 011-010-120-529680 1,755.00Invoice Total: 1,755.008/4/2023 1,255.30Invoice Description Account PO or Contract Line Item Amount1101071047 OFFICE 365 LICENSE 011-010-110-529110 240007 1,255.30Invoice Total: 1,255.308/4/2023 1,953.00Invoice Description Account PO or Contract Line Item Amount90157619 MAINTENANCE RENEWAL 011-010-110-529110 230263 1,953.00Invoice Total: 1,953.008/4/2023 102.50Invoice Description Account PO or Contract Line Item Amount072723 TRAINING: BICYCLE PATROL 011-030-300-529500 102.50Invoice Total: 102.508/4/2023 110,635.08Invoice Description Account PO or Contract Line Item AmountINV06016624 SUTA TAX SERVICES 2022 Q4 011-010-130-529215 FI-0042 110,626.84Invoice Total: 110,626.84INV06016625 SUTA TAX SERVICES 2022 Q4 011-010-130-529215 FI-0042 8.24Invoice Total: 8.248/4/2023 99.00Invoice Description Account PO or Contract Line Item Amount072723 TRAINING: BICYCLE PATROL 011-030-300-529500 99.00Invoice Total: 99.00VENDOR - 6698 - MARCUS FINO PAYMENT # 15449VENDOR - 6722 - MUNISERVICES, LLC PAYMENT # 15450VENDOR - 6950 - NICHOLAS MANNINO PAYMENT # 15451VENDOR - 3606 - INSIGHT PUBLIC SECTOR, INC PAYMENT # 15447VENDOR - 6190 - IVANTI, INC PAYMENT # 15448Page 29 of 39..
..
Item 5 Page 31 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20238/4/2023 2,400.00Invoice Description Account PO or Contract Line Item Amount15661 GEOVIEWER MOBILE SUBSCRIPTION 011-010-110-529110 240112 2,400.00Invoice Total: 2,400.008/4/2023 19,099.95Invoice Description Account PO or Contract Line Item AmountINV10025852516TENABLE SOFTWARE 011-010-110-529110 240002 19,099.95Invoice Total: 19,099.958/4/2023 2,788.95Invoice Description Account PO or Contract Line Item Amount29339 ARROW BOARD INSTALLATION 011-040-420-522000 240118 418.9529339 ARROW BOARD INSTALLATION 011-040-420-529000 240118 2,370.00Invoice Total: 2,788.958/4/2023 107.00Invoice Description Account PO or Contract Line Item Amount072723 TRAINING: BICYCLE PATROL 011-030-300-529500 107.00Invoice Total: 107.008/4/2023 200.00Invoice Description Account PO or Contract Line Item Amount3094627602 SUBSCRIPTION 07/23 011-010-115-529600 LD-0045 200.00Invoice Total: 200.008/4/2023 21,572.42Invoice Description Account PO or Contract Line Item AmountVENDOR - 6446 - RAYMOND GODOY PAYMENT # 15455VENDOR - 6884 - RELX, INC PAYMENT # 15456VENDOR - 5925 - SHI INTERNATIONAL CORP PAYMENT # 15457VENDOR - 5709 - NOBEL SYSTEMS, INC PAYMENT # 15452VENDOR - 7423 - OPTIV SECURITY, INC PAYMENT # 15453VENDOR - 4111 - PACIFIC COMMERCIAL TRUCK BODY PAYMENT # 15454Page 30 of 39..
..
Item 5 Page 32 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023B17093111 EVERBRIDGE NOTIFICATION SOFTWARE 011-010-110-529110 240004 21,572.42Invoice Total: 21,572.428/4/2023 2,166.24Invoice Description Account PO or Contract Line Item AmountINV00782193 TONER AND A SWITCH FOR MGS 011-010-110-522010 230125 2,166.24Invoice Total: 2,166.248/4/2023 836.54Invoice Description Account PO or Contract Line Item Amount27604 WINDOW ENVELOPES 011-010-130-522000 240010 289.12Invoice Total: 289.1227606 WINDOW ENVELOPES 011-010-130-522000 240029 547.42Invoice Total: 547.428/4/2023 101,609.28Invoice Description Account PO or Contract Line Item Amount45392344 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 6,300.00Invoice Total: 6,300.0045392345 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 7,000.00Invoice Total: 7,000.0045393087 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 4,200.00Invoice Total: 4,200.0045393088 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 2,100.00Invoice Total: 2,100.0045394173 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,600.00Invoice Total: 5,600.0045394174 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 700.00Invoice Total: 700.0045394763 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,600.00VENDOR - 6711 - SOUTHERN COMPUTER WAREHOUSE, PAYMENT # 15458VENDOR - 3775 - STAPLEMAN MEDIA SERVICES, INC. PAYMENT # 15459VENDOR - 1447 - TYLER TECHNOLOGIES, INC PAYMENT # 15460Page 31 of 39..
..
Item 5 Page 33 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Invoice Total: 5,600.0045394764 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 9,800.00Invoice Total: 9,800.0045395596 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 4,900.00Invoice Total: 4,900.0045395597 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,600.00Invoice Total: 5,600.0045400703 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 4,200.00Invoice Total: 4,200.0045406907 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 4,900.00Invoice Total: 4,900.0045411100 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 2,100.00Invoice Total: 2,100.0045413476 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 7,000.00Invoice Total: 7,000.0045414015 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,843.00Invoice Total: 5,843.0045414016 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 1,400.00Invoice Total: 1,400.0045415427 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 14,566.28Invoice Total: 14,566.2845415428 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 1,400.00Invoice Total: 1,400.0045416273 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 7,000.00Invoice Total: 7,000.0045417480 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 1,400.00Invoice Total: 1,400.008/4/2023 700.00Invoice Description Account PO or Contract Line Item AmountVENDOR - 1447 - TYLER TECHNOLOGIES, INC PAYMENT # 15461Page 32 of 39..
..
Item 5 Page 34 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/202345399287 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 700.00Invoice Total: 700.008/4/2023 34,883.72Invoice Description Account PO or Contract Line Item Amount202312 QUARTERLY PAYMENT - NO. 12 058-000-000-272010 34,883.72Invoice Total: 34,883.728/4/2023 1,866.03Invoice Description Account PO or Contract Line Item Amount622746 STORAGE SERVICES 011-010-125-529215 409.00Invoice Total: 409.00623219 STORAGE SERVICES 011-010-125-529215 1,457.03Invoice Total: 1,457.038/4/2023 439,798.73Invoice Description Account PO or Contract Line Item Amount202308013160663708INITIAL CHARGES 07/23 055-050-590-520150 402,320.19202308013160663708INITIAL CHARGES 07/23 055-050-590-520190 (4,704.83)202308013160663708INITIAL CHARGES 07/23 055-050-590-520170 31,465.08202308013160663708INITIAL & REVISED CHARGES 055-050-590-520210 13,703.22202308013160663708RECALCULATION CHARGES 04/23 055-050-590-520150 (1,750.04)202308013160663708RECALCULATION CHARGES 04/23 055-050-590-520170 (1,142.20)202308013160663708RECALCULATION CHARGES 04/23 055-050-590-520190 (92.69)Invoice Total: 439,798.73VENDOR - 2412 - CALIFORNIA ISO PAYMENT # 15464VENDOR - 1658 - WATER REPLENISHMENT DISTRICT PAYMENT # 15462VENDOR - 3584 - WILLIAMS SERVICE CORPORATION PAYMENT # 15463Page 33 of 39..
..
Item 5 Page 35 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/27/2023 177.00Invoice Description Account PO or Contract Line Item Amount072623 FY23 DIESEL FUEL GOVERNMENT ENTITY RETURN011-040-420-527000 177.00Invoice Total: 177.007/27/2023 332.00Invoice Description Account PO or Contract Line Item Amount072423 USE TAX RETURN 2Q 2023 011-000-000-200250 331.52072423 USE TAX RETURN 2Q 2023 011-010-130-523034 0.48Invoice Total: 332.008/1/2023 68.50Invoice Description Account PO or Contract Line Item Amount080123_MULTIPLEPARTS & SUPPLIES 011-040-415-522000 230049 68.50Invoice Total: 68.507/28/2023 1,119.32Invoice Description Account PO or Contract Line Item Amount073123_MULTIPLEPARTS & SUPPLIES 055-050-555-529000 230058 269.02073123_MULTIPLEPARTS & SUPPLIES 055-050-565-522000 230058 850.30Invoice Total: 1,119.327/28/2023 579.03Invoice Description Account PO or Contract Line Item Amount072823_MULTIPLE(4)PARTS & SUPPLIES 058-070-700-522000 230041 579.03Invoice Total: 579.03VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15563VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15564VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15565VENDOR - 2242 - CA DEPARTMENT OF TAX & FEE PAYMENT # 15560VENDOR - 2242 - CA DEPARTMENT OF TAX & FEE PAYMENT # 15561Page 34 of 39..
..
Item 5 Page 36 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/20237/28/2023 382,646.92Invoice Description Account PO or Contract Line Item Amount100000017214758MONTHLYEXPENSE OF UAL (FIRE CLASSIC)011-030-305-512020 382,646.92Invoice Total: 382,646.927/28/2023 248,987.08Invoice Description Account PO or Contract Line Item Amount100000017214728MONTHLY EXPENSE OF UAL (POLICE CLASSIC)011-030-300-512020 248,987.08Invoice Total: 248,987.087/28/2023 919.50Invoice Description Account PO or Contract Line Item Amount100000017214738MONTHLY EXPENSE OF UAL( FIRE PEPRA) 011-030-305-512020 919.50Invoice Total: 919.507/28/2023 520.50Invoice Description Account PO or Contract Line Item Amount100000017214748MONTHLY EXPENSE OF UAL (POLICE PEPRA)011-030-300-512020 520.50Invoice Total: 520.507/28/2023 396,325.00Invoice Description Account PO or Contract Line Item Amount100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-010-100-512020 1,743.83100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-010-105-512020 17,081.61VENDOR - 714 - CALPERS PAYMENT # 15569VENDOR - 714 - CALPERS PAYMENT # 15570VENDOR - 714 - CALPERS PAYMENT # 15566VENDOR - 714 - CALPERS PAYMENT # 15567VENDOR - 714 - CALPERS PAYMENT # 15568Page 35 of 39..
..
Item 5 Page 37 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-010-125-512020 7,728.34100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-010-130-512020 26,751.94100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-010-115-512020 4,359.58100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-010-120-512020 12,325.71100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-030-300-512020 20,925.96100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-040-400-512020 15,020.72100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-040-405-512020 12,325.71100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-040-430-512020 30,794.45100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-040-420-512020 7,054.59100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-040-435-512020 792.65100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-040-410-512020 4,438.84100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-040-415-512020 6,222.30100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)059-080-800-512020 198.16100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-020-200-512020 15,853.00100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)058-070-700-512020 27,227.53100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)056-060-600-512020 13,356.15100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-575-512020 6,658.26100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-595-512020 4,478.47Page 36 of 39..
..
Item 5 Page 38 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-550-512020 5,588.18100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-555-512020 30,160.33100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-570-512020 1,228.61100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-580-512020 22,669.77100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)011-010-110-512020 13,039.09100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-585-512020 19,895.52100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-586-512020- 51,522.25100000017214 719MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)055-050-586-512020- 16,883.45Invoice Total: 396,325.007/31/2023 3,885.39Invoice Description Account PO or Contract Line Item Amount073123_MULTIPLE(2)PARTS & SUPPLIES 055-050-586-522000- 230052 1,864.27073123_MULTIPLE(2)PARTS & SUPPLIES 055-050-586-529000- 230052 895.77073123_MULTIPLE(2)PARTS & SUPPLIES 055-050-555-522000 230052 1,125.35073123_MULTIPLE(2)PARTS & SUPPLIES 055-050-560-529000 230052 (16.51)073123_MULTIPLE(2)PARTS & SUPPLIES 055-050-586-522000- 230052 16.51Invoice Total: 3,885.397/25/2023 2,648,284.09Invoice Description Account PO or Contract Line Item AmountVENDOR - 3049 - PETRELLI ELECTRIC, INC PAYMENT # 15631VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15571Page 37 of 39..
..
Item 5 Page 39 of 41
CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023230116 ELECTRIC SYSTEM MAINTENANCE 06/23 055-000-000-200400 LP-0761-1 2,648,284.09Invoice Total: 2,648,284.097/28/2023 1,067.17Invoice Description Account PO or Contract Line Item Amount072823_MULTIPLE(3)PARTS & SUPPLIES 056-060-600-522000 230077 1,067.17Invoice Total: 1,067.17VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15632Page 38 of 39..
..
Item 5 Page 40 of 41
FUND EARLY CHECKS TOTALELECTRONIC TOTALGRAND TOTAL011 - GENERAL FUND $ 331,200.78 $ 2,789,677.97 $ 3,120,878.75 055 - LIGHT & POWER $ 108,973.41 $ 12,456,709.18 $ 12,565,682.59 056 - NATURAL GAS $ 1,226.13 $ 20,421.01 $ 21,647.14 058 - WATER $ 41,825.25 $ 112,647.70 $ 154,472.95 059 - FIBER $ 198.16 $ 198.16 095 - SEWC JPA $ 1,280.00 $ 595.00 $ 1,875.00 Total $ 484,505.57 $ 15,380,249.02 $ 15,864,754.59 CITY OF VERNONOPERATING ACCOUNTWARRANT REGISTER NO. 115DATE 9/5/2023Page 39 of 39..
..
Item 5 Page 41 of 41
City Council Agenda Report
Meeting Date:September 5, 2023
From:Michael Earl, Director of Human Resources
Department:Human Resources
Submitted by:Michael Earl, Director of Human Resources
Subject
Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials
Safety Administration (PHMSA) Anti-Drug and Alcohol Policies
Recommendation
A. Adopt Personnel Policies and Procedures Manual Policy III-8 and III-9 – FMCSA and PHMSA
Anti-Drug and Alcohol Policies; and
B. Authorize the City Administrator to make minor revisions as necessary, execute and distribute
the policies to affected City Employees.
Background
The Human Resources Department is responsible for maintaining and administering the City’s
Personnel Policies and Procedures Manual which contains a variety of policies affecting City
employees.
The City is subject to requirements of the Federal Department of Transportation (DOT) for
employees who possess a commercial drivers license as well as for those employees who
perform operations, maintenance, and emergency response work on the City’s gas pipelines.
Specific DOT requirements for drug and alcohol testing are spelled out by the FMCSA for
commercial drivers and the PHMSA for gas pipeline workers. The proposed policies separate
the requirements for FMCSA under Policy III-8 and for PHMSA under Policy III-9. The policies
specify the circumstances for drug and alcohol testing, the job classifications subject to the
requirements, and the procedures for carrying out the administration of the anti-drug and alcohol
programs. Generally, employees who are covered under the policy are subjected to drug and/or
alcohol testing in the following circumstances: pre-employment, randomly, post-accident,
reasonable suspicion, return to duty, and follow up testing after completion of a rehabilitation
program.
Administration of the Anti-drug and Alcohol program is complex and includes specifics regarding
substances tested, testing and sample collection procedures, percentage of employees to be
randomly tested, positive result thresholds, and consequences for positive results. As such, the
City has contracted with a third-party administration service to assist in implementing and
administering the programs.
The draft policies have been provided to the City’s employee bargaining groups representing the
affected employees for the opportunity to comment and/or meet and confer. The bargaining
groups have either not provided any response or City management continues to discuss the
implementation with the bargaining group.
Fiscal Impact
The fiscal impact is estimated at $10,603. Sufficient funds are available in General Fund, Human
Resources Department, Professional Services – Other Account No. 011-010-120-529215 for the
current fiscal year...
..
Item 6 Page 1 of 69
Attachments
1. Policy III-8 FMCSA Drug and Alcohol Testing Policy
2. Policy III-9 PHMSA Anti-Drug and Alcohol Misuse Prevention Policy
..
..
Item 6 Page 2 of 69
City of Vernon, California
Human Resources Policies and Procedures
__________________________
Director of Human Resources
__________________________
City Administrator
Number: III-8 Effective Date: _________________
U.S. Department of Transportation (DOT) – Federal Motor Carrier Safety Administration
(FMCSA) Drug & Alcohol Testing Policy
Also Referred to as:
49 Code of Federal Regulations (CFR) PART 382
CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING POLICY
______________________________
Designated Employer Representative
______________________________
Effective Date
..
..
Item 6 Page 3 of 69
Page 1 of 19
City of Vernon
LETTER TO APPLICANTS AND EMPLOYEES
The illegal use of drugs and the abuse of alcohol are problems that invade the workplace,
endangering the health and safety of the abusers and those who work around them. Every
employee and applicant should understand those dangers and be aware of the Federal requirements
and State guidelines concerning substance abuse in the workplace. The City of Vernon is
committed to creating and maintaining a workplace free of substance abuse.
To answer this problem, the City of Vernon (City) has developed a policy in conformity with
Department of Transportation (DOT) Regulations 49 CFR Part 40 regarding the illegal use of
drugs and the abuse of alcohol that we believe best serves the interests of our employees. A copy
of these Federal Regulations is on file with the City’s Designated Employer Representative (DER)
for review at any time during normal working hours.
Our policy formally and clearly states the illegal use of drugs or abuse of alcohol or prescription
drugs will not be tolerated. As a means of maintaining our policy, we have implemented, as of the
effective date of this Policy, pre-employment and active employee drug testing as outlined in the
Policy.
Employees who are subject to the DOT testing regulations and City Policy will be placed in a
separate random testing pool containing only DOT-covered employees for purposes of DOT
compliance. With regard to the Drug and Alcohol Testing Policy, the federal regulations shall be
considered as preempting any inconsistent state or local laws or regulations.
The purpose of this policy is safety and to establish programs designed to help prevent accidents
and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of
commercial motor vehicles and other safety sensitive employees of the City covered by this policy.
An employee whose conduct violates this substance abuse policy will be subject to discipline up
to and including termination.
We believe that the benefits derived from the policy objectives outweigh the potential
inconvenience to employees, and we earnestly solicit the understanding and cooperation of all
employees in implementing this policy.
..
..
Item 6 Page 4 of 69
Page 2 of 19
City of Vernon
DRUG & ALCOHOL TESTING POLICY
A. STATEMENT OF POLICY
The City has a legal responsibility to comply with the United States Department of Transportation
(DOT) regulations regarding testing of certain city employees. DOT Regulations 49 CFR Part 40
are on file with the City’s Designated Employer Representative (DER) for review at any time
during normal working hours.
The City prohibits and will not tolerate any of the following behaviors by its employees:
a. Use of illicit drugs.
b. Abuse of legal drugs (prescription or over-the-counter).
c. Abuse of alcohol.
d. Sale, purchase, transfer or use or possession of illegal drugs or prescription drugs
obtained illegally.
e. Arrival for work under the influence of drugs or alcohol.
f. Consuming illicit drugs or alcohol while working.
The purpose of this policy, in addition to meeting Federal regulations, is to establish a program
designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of
controlled substances by drivers of commercial motor vehicles.
Within this Drug & Alcohol Testing Policy, certain elements are required because the City is
regulated by the U.S. Department of Transportation (DOT). In addition, certain policy elements
related to specific personnel actions or the City’s drug-free workplace regulations or City Policy,
reflect requirements of the CITY but are not required by DOT. With regard to those employees
governed by DOT regulations, federal regulations shall be considered as preempting any
inconsistent City policy, state or local law or regulation.
1. Designated Employer Representative (DER)
Section N of this policy lists the City DER, as the responsible person for this Policy. The DER
shall be responsible for providing oversight and evaluation on the policy; providing guidance and
counseling; reviewing of all discipline applied under this policy for consistency and conformance
to human resources policies and procedures; scheduling for types of testing (random, post-
accident, reasonable suspicion, etc.); maintaining a locked file system on all test results; and
overseeing the referral of employees for evaluation and treatment. The City shall ensure that all
covered employees are aware of the provisions and coverage of the City’s Drug & Alcohol Testing
Policy and that all employees are notified prior to testing.
2. Department of Transportation Regulations
The City’s policy requires that employees participating in activities regulated by DOT, be subject
to urine drug testing and breath alcohol testing in accordance with DOT drug and alcohol testing
regulations 49 CFR Part 40 and FMCSA regulations 49 CFR Part 382. A copy of these regulations
is available from the City’s DER. Non-DOT regulated employees may also be subject to drug and
alcohol testing.
..
..
Item 6 Page 5 of 69
Page 3 of 19
Separate testing pools will be established for non-DOT regulated employees as previously
described and may be further divided by safety-sensitive and non-safety-sensitive employees.
This policy specifically notifies all employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited while on the job or on City
property. Further, this policy notifies employees the use of a prohibited drug at any time, whether
on duty or off duty, is not permitted. Additionally, the consumption of alcohol (whether as a
beverage or in a medicinal formulation, and also to include methanol and isopropanol) is prohibited
while performing a safety-sensitive activity or within four (4) hours before performing a safety-
sensitive activity, or within eight (8) hours following an accident to which the employee’s behavior
may have contributed, or after having been notified to report to duty for any reason.
3. Commercial Drivers’ Licenses
It is the policy of the City that persons having a Commercial Driver’s License (CDL) and
participating in activities regulated by DOT are subject to drug testing and alcohol testing. The
Omnibus Transportation Employee Testing Act of 1991 requires alcohol and drug testing of safety-
sensitive employees in aviation, motor carriers, railroad, and mass transit industries. Provisions of
this policy are based upon said Act and the relevant federal regulations applicable to the Act. As a
condition of employment, the City reserves the right to require all employees having a CDL and
performing safety-sensitive activities regulated by DOT, to submit to drug and/or alcohol testing to
determine the presence of prohibited substances. These rules and this policy also require all drivers
to notify their supervisor within five (5) days of any criminal drug statute conviction.
Who is Covered for DOT FMCSA Drug & Alcohol Testing
A covered employee is one who holds a CDL and operates a Commercial Motor Vehicle (CMV).
A CMV is defined as a motor vehicle or a combination of motor vehicles used in commerce to
transport passengers or property if the motor vehicle:
• Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds),
inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms
(10,000 pounds); or
• Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or
• Is designed to transport 16 or more passengers, including the driver; or
• Is of any size and is used in the transportation of materials found to be hazardous for the
purposes of the Hazardous Materials Transportation Act and which require the motor vehicle
to have a placard under the Hazardous Materials Regulations
PROCEDURES:
B. SUBSTANCES TO BE TESTED AND DETECTION THRESHOLDS
The substances to be tested under this policy and the cut-off levels of detection for those
substances are those as specified under the current version of the regulation 49 CFR Part 40.
1. Marijuana metabolites
2. Cocaine metabolites
3. Phencyclidine
4. Amphetamines -amphetamine, methamphetamine, MDMA & MDA
..
..
Item 6 Page 6 of 69
Page 4 of 19
5. Opioids – codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone &
hydromorphone
Some common names for the semi-synthetic Opioids (oxycodone, oxymorphone,
hydrocodone & hydromorphone) include OxyContin®, Percodan®, Percocet®, Vicodin®,
Lortab®, Norco®, Dilaudid®, and Exalgo®
Alcohol testing requires removal from safety sensitive position at .02% Blood Alcohol
Concentration (BAC) or greater with a violation of the policy and DOT regulation 49 CFR Part
40 at .04% BAC or greater.
C. MEDICATIONS
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive
functions when the driver uses any controlled substance, except when the use is pursuant to the
instructions of a licensed medical practitioner, as defined in 49 CFR 382.107, who has advised the
driver that the substance will not adversely affect the driver's ability to safely operate a commercial
motor vehicle.
Employees will report their use of any legal prescription medications that may adversely affect
their ability to safely operate a commercial motor vehicle. to their supervisor before beginning
work; those sensitive to the disclosure of their use of certain medications may call or visit the City
official (see name and telephone number in Section N) in charge of the Drug & Alcohol Testing
Policy, in confidence to resolve their unique work situation.
Employees shall not use or be under the influence of medications while working if the medications
have the potential to alter or to adversely affect their judgment, motor skills, to induce sleepiness
or to otherwise detract from their safe job performance. An essential DOT covered employee job
duty is the ability to perform job functions in a constant state of alertness, and safe manner.
The City may require Fit for Duty documentation from a prescribing physician when an employee
performing safety-sensitive activities reports use of a legal prescription or when the Medical
Review Officer (MRO) reports a safety concern on a negative drug test result. The City has final
authority for fitness for duty determinations.
This policy makes no exception for medical marijuana. The Department of Transportation’s Drug
and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs;
including marijuana, for any reason medical, recreational or otherwise.
D. DRUG & ALCOHOL TESTING POLICY MONITORING
To measure the success of, and to aid in enforcing, our Drug & Alcohol Testing Policy, the
following types of drug screening tests may be administered to employees:
1. Pre-employment - job applicants, as a condition of obtaining employment, must be
tested with a negative result received before operating in a safety sensitive position.
2. Random testing as described in Exhibit I
..
..
Item 6 Page 7 of 69
Page 5 of 19
3. Post Accident testing as described in Exhibit II
4. An employee will be required to submit to a drug and alcohol test if there is reasonable
suspicion that the employee is under the influence of drugs and/or alcohol. A trained
supervisor must make this decision.
5. Return to Duty testing following a removal from a Safety Sensitive position after a
positive, adulterated or substituted test and referral to a Substance Abuse Professional
(SAP).
6. Employees as a Follow-Up to a return from rehabilitation program. These employees
will be tested periodically. Under DOT regulations, follow up testing will be at a
minimum six tests over the first year of return to duty.
Notice of Drug Testing will be given on all vacancy announcements for recruitment. In addition
to the drug screening, a test for the presence of alcohol may be administered as a result of the
conditions stated in Section D. 2, 3, 4, 5 and 6 above.
A copy of documentation supporting a REASONABLE SUSPICION drug and alcohol test will be
completed within seven (7) days after testing, will be provided to the employee upon request, and
will be retained confidentially by the City for at least one (1) year.
On the basis of an accident that requires a DOT post-accident test or the finding of reasonable
suspicion that leads to a DOT reasonable suspicion test, the employee will immediately be
removed from safety-sensitive functions with pay pending the outcome of the post-accident or
reasonable suspicion drug/alcohol test.
A laboratory approved by the Substance Abuse and Mental Health Services Administration
(SAMHSA) will perform testing for the presence of drugs after obtaining urine specimens for drug
tests. Laboratories are mandated to test all DOT specimens for specimen validity (i.e., adulterants
and urine substitutes). All non-negative specimens from the initial screening are then tested a
second time using a different technique and chemical principal from the initial test to insure
reliability and accuracy. All drug test results are reported to the Medical Review Officer (MRO)
for verification prior to being transmitted to the employee and/or employer.
Medical Review Officer (MRO)
All drug test results are reported from the lab to the Medical Review Officer (MRO) for review
and verification prior to being transmitted to the employee and/or employer. The MRO is a
licensed physician who has been trained to review and verify drug test results. Contact information
for the MRO is listed in Section N. When a prescribed medication causes a drug test result to be
positive from the lab, the employee will be contacted by the MRO to discuss this medication and
verification of a prescription in order to have the MRO reverse the drug test result and report to
the employer as negative.
Prescribed use of certain medications and the semi- synthetic opioids prescription drugs could
render a DOT covered employee as medically unqualified under an applicable DOT agency
regulation or is likely to pose a significant safety risk. When a negative result is reported by the
MRO after evaluation of a driver’s prescribed medication, the MRO may indicate a safety concern
on the test result report to the employer. When a laboratory positive test is reversed due to a ..
..
Item 6 Page 8 of 69
Page 6 of 19
prescribed opioid, the Medical Review Officer (MRO) has been directed by DOT to first provide
the employee with up to five business days after the reporting of the verified negative result to
have the prescribing physician contact the MRO to determine if the medication(s) can be changed
to one that does not make the employee medically unqualified or that the medication does not pose
a significant safety risk before reporting the safety concern.
Non-DOT Drug & Alcohol Testing
In addition to drug and alcohol testing conducted by the City pursuant to 49 CFR Part 40 and 49
CFR Part 382, the City reserves the independent authority to screen and/or test employees under
the City’s policy including, but not limited to, laboratory testing and point of collection test
(POCT) devices utilizing alternative body specimens including hair, urine and oral fluid (saliva),
for the detection of illegal drugs, prescription and over-the-counter medications or substances
which have an impairing affect and/or alcohol, taken by those who are considered safety-sensitive
employees, as may be permitted and/or restricted by applicable state or local laws or regulations
and applicable collective bargaining agreements. The term “illegal use of drugs” includes any mind
altering synthetic or designer drugs as well as any controlled or scheduled substance not used in
accordance with a health care provider’s lawful prescription for the user. These collections will
be performed in addition to, and not as a substitute for, DOT regulated tests and these urine
specimens will not be poured from or taken from the same specimen collected for a DOT urine
test or alcohol test (49 CFR Part 40 Section 40.13) and will not be conducted using DOT forms
(49 CFR Part 40 Sections 40.47, 40.227).
Dilute Specimens
If the MRO informs the City that a negative test was dilute, the City may take the following action
depending on City policy and/or guidance provided by the MRO:
(1) If the MRO directs that a recollection take place under direct observation (i.e., because
the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or
equal to 5 mg/dL), the City will do so immediately. Failure of the employee or applicant to submit
for this recollection is classified by the DOT, and under this policy, as a refusal to test.
(2) Otherwise (i.e., if the creatinine concentration of the negative dilute specimen is greater
than 5 mg/dL), the City will, for existing employees, require the employee to retest upon immediate
notification and be escorted by a supervisor.
(3) Regarding a negative dilute (greater than 5 mg/dL on an applicant, the City will require
the applicant to retest within 24 hours and provide instructions to applicant on how to avoid a
dilute specimen.
When such a retest is required after a negative dilute specimen, the employee or applicant will be
given the minimum possible advance notice that he or she must go to the collection site.
Instructions will be provided on how to avoid a dilute specimen. The result of the retest will be
considered the final result, not the result from the first test. For current employees required to
submit to a return-to-duty test or follow-up test (both of which under DOT regulations must render
a negative test result) a second directly observed collection resulting in a negative dilute urine test
result will render the final result a “negative” test; and an applicant with a second directly observed
negative dilute urine test result will not be eligible for hire under the City’s uniformly enforced
policy.
..
..
Item 6 Page 9 of 69
Page 7 of 19
If the employee declines to take a retest required because of a dilute specimen, the action will be
considered a “refusal to be tested” and will be treated the same as a confirmed and verified positive
result. The offer of employment will be rescinded if an applicant refuses to take the retest because
of a dilute specimen.
Invalid Results Due to Medical Conditions
An employee with a previously diagnosed medical condition which has caused them in the
past to provide an invalid urine test result when called for testing, may now be referred directly to
the MRO who will conduct a “signs and symptoms” medical evaluation (or the MRO may direct
a licensed physician acceptable to the MRO to perform such an evaluation in accordance with
DOT Regulations) to determine if there is evidence the employee is an illicit drug user. If no such
evidence is found, the MRO will determine the test result to be a “negative” test and provide a
report to the City. If the medical evaluation provides contrary evidence, the MRO will provide the
City a report that the test is cancelled and state the reason(s). The employer cannot hire nor have
the individual resume safety-sensitive work without a negative result.
Direct Observation Specimen Collections
Under certain circumstances applicants or employees (donors) may be required to submit
their urine specimen for drug testing under direct observation. During the observed collection,
items such as prosthetic devices designed to carry clean urine will be checked for by observers
with both male and female donors, by asking the donor to raise and lower clothing, turn around,
and then put the clothing back into place for the observed collection. The observer must then
watch the employee urinate into the collection container. Specifically, the observer must watch the
urine go from the donor’s body into the collection container. The observer must be of the same
gender as the donor, and does not need to be the collector.
E. CONSEQUENCES TO EMPLOYEES:
The following is an overview of the terms and conditions of the City’s drug and alcohol policy,
and for violation of which an employee is subject to discipline as outlined below.
(1) It is a violation of City policy for any employee to use, possess, manufacture, sell,
trade, offer for sale, offer to buy, or make arrangements to distribute illegal drugs, or to otherwise
engage in the illegal use of drugs during working hours or on City property
.
(2) It is a violation of City policy for anyone to report to work under the influence of
alcohol, or any illegal drugs.
(3) It is a violation of City policy for anyone to remain on duty that requires the
operation of a motor vehicle or other hazardous equipment, or the performance of safety-sensitive
job duties, while under the influence of illegal drugs or alcohol.
(4) It is a violation of City policy for anyone to use prescription drugs illegally.
(However, nothing in this policy precludes the appropriate use of legally prescribed medications.)
Such prescription drugs brought to work should remain in the original labeled container and show
both the prescribing doctor’s name and expiration date.
(5) It is a violation of City policy to report to work or be at work, where the presence
of prescribed or over-the-counter narcotics or drugs exceeds statutory limits in blood or urine, or ..
..
Item 6 Page 10 of 69
Page 8 of 19
the use of prescribed or over-the-counter narcotics or drugs poses a risk to the safety of the
employee, other persons, the general public or property or may render the employee temporarily
medically unfit under applicable DOT agency regulations.
(6) It is a violation of City policy to ingest hemp food products or coca food products.
(Recent studies indicate that ingestion of hemp seed oil and hemp food products can result in a
positive test for marijuana.) A MRO may not accept consumption or other use of hemp products,
coca teas, recreational or medical marijuana as an excuse for a positive drug test.
(7) It is a violation of City policy for employees to use alcohol within four (4) hours
before performing any safety-sensitive activity. The City will provide an opportunity for each such
on-call employee to acknowledge the use of alcohol at the time he/she is called to report for duty,
and it is the employee’s responsibility to inform his/her supervisor at the earliest possible time of
any potential impairment from alcohol.
(8) It is a violation of City policy to engage in the following conduct as defined and
identified in 49 CFR Part 40 and this Policy:
a) Receiving a verified positive drug test
b) Receiving a verified adulterated or substituted drug test
c) Receiving an alcohol test result of 0.04 BAC or higher
d) Failure to appear for a drug or alcohol test within the time directed by the DER but
no longer than two (2) hours of being so ordered
e) Refusal of an Alcohol or Drug Test
f) Refusal to provide the collector with requested information to be placed on the
Custody and Control Form (CCF)
g) Refusal to cooperate with the collector’s directions to remove outer clothing, leave
personal belongings, empty pockets, wash hands or other such directives of the
collector
h) Refusal to follow the collector’s instructions to submit to an observed or monitored
collection
i) Submit, or attempt to submit, an adulterated, diluted or otherwise altered specimen,
or substituting a specimen from another person
j) Failure to appear for any test (except a pre-employment test) within a reasonable
time, as determined by the employer, consistent with applicable DOT agency
regulations, after being directed to do so by the employer. This includes the failure
of an employee (including an owner-operator) to appear for a test when called by
Consortium Third Party Administrators
k) Failure to remain at the testing site until the testing process is complete
l) Failure to provide a urine specimen or failure to attempt to provide a saliva or breath
specimen
m) Fail or decline to take a second test the DER or collector has directed
n) Fail to undergo a medical examination or evaluation, as directed by the MRO as
part of a verification process, or as directed by the DER as part of the “shy bladder”
procedures or “shy lung” (failure to provide an adequate breath specimen during
submission of a breath alcohol test) procedures
o) Behave in a confrontational way that disrupts the collection process is classified as
refusal to test or fail to cooperate with any part of the alcohol/drug testing process
..
..
Item 6 Page 11 of 69
Page 9 of 19
p) For an observed collection, fail to follow the observer's instructions to raise clothing
above the waist, lower clothing and underpants, and to turn around to permit the
observer to determine the presence of any type of prosthetic or other device that
could be used to interfere with the collection process
q) Possess or wear a prosthetic or other device that could be used to interfere with the
collection process
r) Admit to the collector or MRO that you adulterated or substituted the specimen
s) Reporting for work with an illegal drug, including marijuana (medical, recreational
or otherwise), in his or her system. The City enforces this policy consistently with
respect to all drugs, including medical or recreational marijuana use, as the law
allows the city to do
DISCIPLINE ACTIONS FOR VIOLATIONS LISTED ABOVE:
Each employee should understand that certain policy violations will result in immediate
termination. Such violations of the policy include, but are not limited to:
the consumption of alcohol on City time or in a City vehicle ;
the possession, sale or use of illegal drugs on City premises or on City time;
any effort to substitute or adulterate a drug test sample or otherwise alter a drug test result;
and
refusal to test when required as per this policy
Additional Discipline Actions for Violations of this Policy:
1. Job Applicants will not be hired and will be provided a referral list to a Substance Abuse
Professional (SAP) to meet the required conditions of 49 CFR Part 40.281 Subpart O.
2. An employee violation of this policy will result in immediate removal from the safety
sensitive position and meet the required conditions of 49 CFR Part 40.281 Subpart O with
referral to the Substance Abuse Professional as stated below in Item 3. Per the City
authority, a second violation of this policy will result in immediate termination of
employment.
Employees testing positive or refusal to test may forfeit eligibility for unemployment
payments per City authority. Injured employees after a positive or refusal to test on a post-
accident testing event may forfeit eligibility for workers' compensation medical payments
and indemnity payments per City authority.
3. DOT consequences for a confirmed positive, adulterated, substituted drug/alcohol test or
refusal to test require the employee to be removed from a DOT safety sensitive position
and referred to a SAP. The employee cannot return to the safety sensitive position until a
final evaluation from the SAP and a return to duty negative test. The employee will be
responsible for any costs associated with the SAP program.
4. City policy requires that employees arrested, indicted or convicted of violating controlled
substance laws will notify the employer within five business (5) days of the event and if
this substance abuse policy was also violated, that the employee will be disciplined up to
and including termination, depending on the circumstances. ..
..
Item 6 Page 12 of 69
Page 10 of 19
F. CHALLENGES TO CONFIRMED POSITIVE TEST RESULTS
DOT Testing – 49 CFR Part 40 Regulations
a. Upon receipt of a verified positive drug test result, the City will immediately remove
the employee involved from performing safety-sensitive functions. The City will take
this action upon receiving the initial report of the verified positive test result.
b. On positive or refusal to test, the MRO will explain the split specimen testing process
to the employee.
c. Employee has 72 hours after verification to request testing of split specimen; employee
will be responsible for the cost of the split specimen testing. Funds for this may be held
from employee’s last paycheck.
d. When the employee makes a timely request for a test of the split specimen, the MRO
immediately provides written notice to the laboratory that tested the primary specimen,
directing the laboratory to forward the split specimen to a second laboratory certified
also by the United States Department of Health and Human Services (HHS).
G. CONFIDENTIALITY OF DRUG TESTING INFORMATION
All written reports and related information received by the City, laboratories, employee
assistance programs, drug and alcohol rehabilitation programs and their agents will be held in
strictest confidence and will not be disclosed except in accordance with Federal Statutes or
otherwise legally disclosed. Release of such information under any other circumstance shall be
solely pursuant to a written consent form signed voluntarily by the person tested. Information on
drug test results shall not be released or used in any criminal proceeding against the employee or
job applicant.
Agents of the City and the laboratory conducting a drug test will, however, have access to
drug test information when consulting with legal counsel in connection with actions brought
against them when the information is relevant to its defense in a civil or administrative matter.
H. CONFIDENTIAL REPORTING OF MEDICATION USE
The City recognizes that most people will require the use of medication at some point to
address illness or medical conditions. Employees must realize, however, that many medications
will alter or affect a drug test. An employee could possibly test positive for a drug when taking
medications prescribed by a doctor or bought over the counter at a pharmacy. Many medications
that are known to alter or affect a drug test are listed in Section M. The name of the testing
laboratory and MRO are listed in Section N. Employees who want more technical information
about medications may consult the testing laboratory or the MRO. To avoid the potential problems
created by a false test result, the City has implemented procedures to enable employees to
confidentially report the use of medications. Employees may record the use of medications on the
back of their copy of the chain of custody form after their specimen is collected and discuss only
with the MRO.
I. EMPLOYEE ASSISTANCE PROGRAM
The City maintains an Employee Assistance Program (EAP) that consists of referring employees
with drug or alcohol problems to local rehabilitation centers. Any costs of outside services are,
however, the employee's responsibility. ..
..
Item 6 Page 13 of 69
Page 11 of 19
Any employee who has not previously tested positive for drug or alcohol use and has not yet
entered a drug and/or alcohol abuse rehabilitation program, may seek assistance for drug and
alcohol use or misuse before they lead to disciplinary actions. Seeking a referral after a positive
drug or alcohol test, however, will not in any way excuse the employee from disciplinary action
required by violations of this policy.
No employee will be discharged, disciplined or discriminated against solely upon the employee's
voluntarily seeking treatment for a drug/alcohol related problem if the employee has not previously
tested positive for drug use, entered an employee assistance program for drug related problems, or
entered an alcohol and drug rehabilitation program.
Through the EAP, the City will attempt to provide appropriate referral to drug and alcohol abuse
rehabilitation programs.
If an employee wishes to pursue help through the EAP or wishes to contact a SAP, please contact
the person listed in Section N for appropriate referral. Section O also has additional EAP and SAP
information.
J. COMMERCIAL DRIVER’S LICENSE DRUG AND ALCOHOL CLEARINGHOUSE
FMCSA regulations for the Commercial Driver's License (CDL) Drug and Alcohol Clearinghouse
(Clearinghouse) were effective January 6, 2020. Motor carriers, designated service agents,
medical review officers and substance abuse professionals are required to submit a variety of drug
and alcohol test-related records to the clearinghouse. For more Clearinghouse information, visit:
https://clearinghouse.fmcsa.dot.gov/ . Drivers are encouraged to seek substance abuse treatment if
they currently have a problem with the misuse of alcohol and/or controlled substance(s).
A copy of the City’s policy and plan for compliance with the Commercial Driver's License (CDL)
Drug and Alcohol Clearinghouse (Clearinghouse) is available on request from the CITY DER.
K. FEDERAL AND STATE LAWS AND REGULATIONS
Nothing in this statement of policy shall be presumed to override, amend or change any
requirements of State and/or Federal law. In the event any of the provisions of this policy conflict
with applicable laws and regulations, such laws and regulations will be deemed to control.
L. AMENDMENT AND SEVERABILITY
The City may amend this policy in any and all respects at any time. If any provision of this policy
or the application thereof to any party or circumstance is held invalid or unenforceable, the
remainder of the terms of this policy and the application of any invalid or unenforceable provisions
to other parties or circumstances will not be affected thereby, and to this end the provisions of this
policy are severable.
..
..
Item 6 Page 14 of 69
Page 12 of 19
M. SUBSTANCES WHICH COULD ALTER OR AFFECT THE OUTCOME OF A DRUG
TEST
(BRAND NAMES AND COMMON NAMES)
1. AMPHETAMINES: Abetrol, Biphetamine, Desoxyn, Dexedrine, Didrex
2. CANNABINOIDS: Marinol (Dronabinol, THC), Marijuana, Hash Pot
3. COCAINE: Cocaine HCI topical solution (Roxanne), Crack, Coke
4. PHENCYCLIDINE: Not legal by prescription; PCP, Angel Dust
5. OPIATES: Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with
Codeine, APAP with Codeine, Aspirin with codeine, Robitussin AC, Guiatuss AC, Novahistine DH,
Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate),
Opium, Heroin, OxyContin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid, and Exalgo
6. METHAQUALONE: Not legal by prescription
7. BARBITURATES: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Firoicet,
Esgic, Butisol Mebaral, Butabarbital, Butabital
8. METHADONE: Dolphine, Methadose
9. BENZODIAZEPINES: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax,
Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, and Centrax
10. PROPOXYPHENE: Darvocet, Darvon N, Dolene, Etc.
11. ALCOHOL: Alcoholic beverages and Liquid medications containing ethyl alcohol (ethanol). Please
read the label for alcohol content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol; Comtrex
is 20% (40 proof); Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9%
(54 proof).
Other Drugs which may or may not be listed above:
Meperidine (Demerol)
Quinine
Methamphetamine, Meth
Hydromorphone (Dilaudid)
Phenothiazines
Phenmetrazine (Preludin)
Pentazocine (Talwin)
Amitriptlyine/Nortriptyline
(Elavil)
Ecstasy, MDMA/MDA
Fentanyl
K2, Spice, Bath Salts
Phenobarbital
Imipramine/Desipramine
Hydroxyzine (Vistaril)
Doxepin (Sinequan/Adapin)
Hydrocodone (Hycodan)
Phentermine
Meperidene
Other Barbiturates (specific
identity not differentiated,
includes: Amobarb, Pentobarb,
Secobarb, Butalbital, etc.)
Diazepam (Valium)
Ativan and/or Dalmane
Clonazepam (Klonopin)
Meprobamate (Equanil)
Glutethimide (Doriden)
Ethchlorvynol (Placidyl)
Fenfluramine
Tramadol
Other Benzodiazepines
(specific identity not
differentiated, includes:
Librium, Larazepam)
Also including synthetic or designer drugs and other drugs not yet classified by the federal government as
illegal under the Controlled Substances Act.
..
..
Item 6 Page 15 of 69
Page 13 of 19
City of Vernon
N. DRUG & ALCOHOL TESTING POLICY - INFORMATION AND REVISION SHEET
Company Designated Employer Representative (DER) – This is the Program Administrator,
the person in charge of the drug/alcohol testing program. This representative must remove
employees from a Safety Sensitive position upon a violation of the DOT rules and regulations for
drug & alcohol testing.
DER Name: Michael A. Earl
Company Location: City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
323-583-8811 Ext. 239
TPA Service Agent: Quality Consortium Services
(507) 838-3080
Drug Testing Laboratory: LabOne, Inc.
d/b/a Quest Diagnostics
10101 Renner Blvd.
Lenexa, KS 66219
Phone: 913-888-3927
800-873-8845
Alere Toxicology Services
1111 Newton St.
Gretna, LA 70059
Phone: 504-361-8989
800-433-3823
Drug & Alcohol Collections
Coordinated by:
Quality Consortium Services
(507) 838-3080
Medical Review Officer
(MRO): Dr. Brian N. Heinen
151 Leon Ave.
Eunice, LA 70535
Phone: 888-382-2281
Substance Abuse
Professional (SAP):
American Substance Abuse Professionals
711 W. 40th Street, Suite 235
Baltimore, MD 21211
888-792-2727
National Substance Abuse Professionals Network
1-800-879-6428
Employee Assistance
Program (EAP):
Anthem PRISM
See section O of this Policy for EAP information
For EAP (Employee Assistance) Referral: Attached to this policy is also a list of referral
sources (Section O). For required SAP referral speak to the DER listed above and/or the
SAP listed above.
..
..
Item 6 Page 16 of 69
Page 14 of 19
O. NATIONAL HOTLINE NUMBERS
Employee Assistance Program
DOT regulated employee testing positive, or refusal to test must be referred to a Substance Abuse
Professional (SAP):
American Substance Abuse Professionals, Inc.
888-792-2727
National Substance Abuse Professionals
Network
1-800-879-6428
Anthem PRISM (833) 954-1067
The following organizations and resources provide confidential assistance to individuals who have,
or know someone who has, a problem with alcohol or other drugs.
Substance Abuse Treatment Locator www.findtreatment.gov
Phone: 1-800-662-4357 / 1-800-662-9832 (Español) / 1-800-228-0427 (TDD)
This Substance Abuse and Mental Health Services Administration (SAMHSA) Web site and toll-free phone
line help individuals locate drug and alcohol abuse treatment programs in their communities.
Other National Hotlines & National Assistance Groups:
Drug & Alcohol Abuse Hotline 1-800-252-6465
Drug Addiction Referral Hotline 1-800-758-5877
Alcoholics Anonymous 1-800-344-2666
Narcotics Anonymous 1-818-773-9999
AL-ANON Family Group Headquarters 1-800-356-9996
Child Help's - National Child Abuse Hot Line 1-800-422-4453
M.A.D.D. 1-800-438-6233
S.A.D.D. 1-508-481-3568
Families Anonymous 1-800-736-9805
National Runaway Switchboard 1-800-621-4000
National Institute on Drug Abuse (NIDA) 1-301-443-1124
National Suicide Prevention Lifeline 1-800-273-8255
National Council on Alcoholism & Drug Dependence Hopeline 1-800-622-2255
National Clearing House for Alcohol & Drug Information 1-800-729-6686
Employees may also speak with the City representative identified in Section N for additional Employee
Assistance Program (EAP) information or required referral to a Substance Abuse Professional.
..
..
Item 6 Page 17 of 69
Page 15 of 19
EXHIBIT I
City of Vernon
DRUG & ALCOHOL TESTING POLICY
Random Testing
a. Certain categories of workers are required to undergo random drug testing to ensure continued
fitness for duty as required by the US DOT guidelines.
b. Random drug testing will be performed at a rate of 50% of the qualified workers per year for
FMCSA. Random alcohol testing should be conducted at an annualized rate of 10% of the
qualified workers for FMCSA.
c. After notification, it is the responsibility of the employee to provide the urine specimen within
the allotted time. Failure to comply with a request for a random specimen will result in the
immediate medical disqualification of the employee, resulting in the employee being unable to
perform assigned job duties. This may result in discipline up to and including termination.
d. At the time of notification, the donor will be instructed to go directly to the designated
collection site. The employee will notify the collection site personnel that he/she has been
selected for a random test and that they are ready to provide a urine specimen for a drug test
and/or a breath specimen for an alcohol test. Saliva may be requested for the initial alcohol
test, a breath specimen will be used to confirm a positive alcohol test.
The employee will need to bring to the designated collection site a drug testing chain of custody
form and if selected for alcohol an alcohol testing form (BAT form).
..
..
Item 6 Page 18 of 69
Page 16 of 19
EXHIBIT II
City of Vernon
DRUG & ALCOHOL TESTING POLICY
Post Accident Testing
a. Certain employees are required to submit to post-accident urine drug testing as required by the
US DOT guidelines.
b. An employee will submit a specimen for a drug test as soon as possible from the time of the
reportable accident but no later than 32 hours after the time of the accident as defined in the
table below. Alcohol testing must be conducted as soon as possible from the time of the
reportable accident but no later than eight (8) hours from the time of the accident. The
employee is prohibited from consuming alcohol for eight (8) hours following an accident.
c. If the employee is injured, the City retains the right to contact any treating medical facility and
request that a controlled substance and alcohol test be obtained, or to obtain from the
employee’s medical records, the result of any such test obtained during the course of treatment.
The refusal of any employee to allow the collection of these specimens or to attempt to block
the release of said specimen will result in the immediate medical disqualification of the
employee.
d. No driver required to take a post-accident alcohol test under 49 CFR Section 382.303 Post-
Accident Testing shall use alcohol for eight (8) hours following the accident or until he/she
undergoes a post-accident alcohol test, whichever occurs first.
e. An employee who fails to report an accident to the City and who fails to comply with the post-
accident requirements of this policy will be presumed to be positive for the presence of a
controlled substance resulting in the medical disqualification from City employment.
The following table notes when a FMCSA DOT post-accident test is required:
Type of accident involved Citation issued to the CMV
driver
Test must be performed by
employer
Human fatality YES
NO
YES
YES
Bodily injury with immediate
medical treatment away from
the scene
YES
NO
YES
NO
Disabling damage to any
motor vehicle requiring tow
away
YES
NO
YES
NO
This table has been reproduced from Federal Motor Carrier Safety Administration 49 CFR Part
382 rules for Controlled Substances and Alcohol Use and Testing.
Post Accident testing may be required under City Policy even when FMCSA regulations do
not require such testing. This would be non-DOT testing.
..
..
Item 6 Page 19 of 69
Page 17 of 19
-Please Post-
IMPORTANT INFORMATION FOR FMCSA DRUG & ALCOHOL TESTING POLICY
Notice to Applicants and Employees
REQUIRED DRUG TESTING IS FOR THE
FOLLOWING FIVE DRUGS:
♦ Marijuana
♦ Cocaine
♦ Phencyclidine (PCP)
♦ Opiates – Codeine, Morphine,
Heroin
♦ Amphetamines - Methamphetamine,
MDMA (Ecstasy)
Alcohol is tested for when required:
♦ Saliva Screening
♦ Breath Alcohol Testing
CITY DESIGNATED EMPLOYER
REPRESENTATIVE (DER) – ALL
QUESTIONS REGARDING THE DRUG &
ALCOHOL TESTING PROGRAM
DER: Michael A. Earl
CITY LOCATION:
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
323-583-8811 ext. 239
DRUG OR ALCOHOL TREATMENT
PROGRAMS
SAMHSA (Substance Abuse Treatment
Facility Locator)
http://findtreatment.gov/
1-800-662-HELP (4357)
Alcohol & Drug Referral Hot Line
1-800-252-6465
SUBSTANCE ABUSE PROFESSIONAL
(Employee must be referred after violation of DOT
drug/alcohol policy):
American Substance Abuse Professionals, Inc.
711 W 40th Street, Suite 235
Baltimore, MD 21211
888-792-2727
National Substance Abuse Professionals
Network
1-800-879-6428
It is the policy of The City of Vernon
that there is no place for those who
use illegal drugs or who abuse
legitimate drugs or who have become
dependent upon any chemical
substance including alcohol.
The City intends to be in compliance
with the DOT regulations concerning
drug abuse and alcohol misuse which
includes a program of random
urinalysis testing for illicit drug use
and a program for random alcohol
testing.
Employees who refuse to test or
have a confirmed positive test for
drugs or alcohol will be removed
from their safety sensitive position
and are subject to dismissal,
discipline or transfer to a non-
covered position.
..
..
Item 6 Page 20 of 69
Page 18 of 19
This Page Intentionally Left Blank
..
..
Item 6 Page 21 of 69
Page 19 of 19
City of Vernon
DRUG & ALCOHOL TESTING POLICY RECEIPT
I hereby acknowledge that I have received a copy of the City’s Drug & Alcohol Testing Policy. I
also acknowledge that I have received a full and complete explanation of the Program, including
all policies and the availability of an Employee Assistance Program.
I have had the terms and conditions of the City’s Drug & Alcohol Testing Policy explained to me,
and I freely and voluntarily consent to submit to drug and alcohol screening or testing as set forth
in the City’s Policy. I understand that violation of any provision of this policy may lead to
disciplinary action up to and including termination of employment, and that I may forfeit my
unemployment and/or workers’ compensation benefits.
I understand the City has developed a policy in conformity with DOT Regulations 49 CFR Part 40
regarding the illegal use of drugs and the abuse of alcohol. A copy of these Federal Regulations is
on file with City’s Designated Employer Representative (DER) for review at any time during
normal working hours.
I further agree to and hereby authorize the release of the results of said tests to the City’s Medical
Review Officer and as set forth in the City drug and alcohol testing policy.
Finally, I agree that neither the issuance of these policies, nor the acknowledgment of its receipt,
constitutes or implies a contract of employment or a guaranteed right to recall.
__________________ __________________________________________
Date Received Employee Signature
__________________________________________
Employee Print Name & Employee Number
___________________ __________________________________________
Date Witness Signature
_________________________________________
Witness Print Name & Title
..
..
Item 6 Page 22 of 69
City of Vernon, California
Human Resources Policies and Procedures
__________________________
Director of Human Resources
__________________________
City Administrator
Number: III-9 Effective Date: __________________
U.S. Department of Transportation (DOT) – Pipeline and Hazardous Material Safety
Administration (PHMSA) Anti-Drug and Alcohol Misuse Prevention Policy
Revision Date:
..
..
Item 6 Page 23 of 69
Page 2 of 47
Please Post-
IMPORTANT INFORMATION FOR PHMSA DRUG & ALCOHOL TESTING POLICY
Notice to Applicants and Employees
REQUIRED DRUG TESTING IS FOR THE
FOLLOWING FIVE DRUGS:
♦ Marijuana
♦ Cocaine
♦ Phencyclidine (PCP)
♦ Opiates – Codeine, Morphine,
Heroin
♦ Amphetamines - Methamphetamine,
MDMA (Ecstasy)
Alcohol is tested for when required:
♦ Saliva Screening
♦ Breath Alcohol Testing
CITY DESIGNATED EMPLOYER
REPRESENTATIVE (DER) – ALL
QUESTIONS REGARDING THE DRUG &
ALCOHOL TESTING PROGRAM
DER: Michael A. Earl
CITY LOCATION:
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
323-583-8811 Ext. 239
DRUG OR ALCOHOL TREATMENT
PROGRAMS
SAMHSA (Substance Abuse Treatment
Facility Locator)
http://findtreatment.gov/
1-800-662-HELP (4357)
Alcohol & Drug Referral Hot Line
1-800-252-6465
SUBSTANCE ABUSE PROFESSIONAL
(Employee must be referred after violation of DOT
drug/alcohol policy):
American Substance Abuse Professionals, Inc.
711 W 40th Street, Suite 235
Baltimore, MD 21211
888-792-2727
National Substance Abuse Professionals
Network
1-800-879-6428
It is the policy of The City of Vernon
that there is no place for those who
use illegal drugs or who abuse
legitimate drugs or who have become
dependent upon any chemical
substance including alcohol.
The City intends to be in compliance
with the DOT regulations concerning
drug abuse and alcohol misuse which
includes a program of random
urinalysis testing for illicit drug use
and a program for random alcohol
testing.
Employees who refuse to test or
have a confirmed positive test for
drugs or alcohol will be removed
from their safety sensitive position
and are subject to dismissal,
discipline or transfer to a non-
covered position.
..
..
Item 6 Page 24 of 69
Page 3 of 47
DEPARTMENT OF TRANSPORTATION (DOT)
PIPELINE & HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
ANTI-DRUG and ALCOHOL MISUSE PREVENTION POLICY
Table of Contents
STATEMENT OF POLICY AND SCOPE ........................................................................................ 4
APPLICABILITY .......................................................................................................................... 4
DEFINITIONS - DEFINITIONS RELATED TO 49 CFR PART 199 AND PART 40 ............................ 5
DESIGNATED EMPLOYER REPRESENTATIVE (DER) ................................................................. 7
DOT VERSUS NON-DOT TESTS AND EMPLOYEES: ................................................................... 7
ANTI-DRUG AND ALCOHOL MISUSE PLAN ............................................................................... 9
USE OF PERSONS WHO FAIL OR REFUSE A DRUG OR ALCOHOL TEST .................................... 9
DRUG COLLECTION PROCEDURES ............................................................................................ 9
COLLECTION PROCEDURES – ALCOHOL................................................................................. 12
DRUG AND ALCOHOL TESTS REQUIRED................................................................................. 15
DRUG TESTING LABORATORY ................................................................................................ 18
MEDICAL REVIEW OFFICER REVIEW OF DRUG TESTING RESULTS ...................................... 19
EMPLOYEE ASSISTANCE PROGRAM........................................................................................ 23
REPORTING OF ANTI-DRUG AND ALCOHOL TESTING RESULTS (MIS REPORTS) ................. 23
PROHIBITIONS: ......................................................................................................................... 26
REFUSAL TO TEST OR FAILED A DRUG/ALCOHOL TEST ........................................................ 27
CONSEQUENCES OF PROHIBITED CONDUCT .......................................................................... 27
REFERRAL, EVALUATION, AND TREATMENT ......................................................................... 28
CONFIDENTIALITY FOR DRUG AND ALCOHOL TEST INFORMATION .................................... 29
RECORDKEEPING ..................................................................................................................... 30
ALCOHOL EDUCATION SUPPLEMENT .................................................................................... 31
FREQUENTLY ASKED QUESTIONS AND ANSWERS ................................................................ 34
APPENDIX A - INFORMATION AND REVISION SHEET ............................................................ 38
APPENDIX B – THIRD PARTY PROVIDERS .............................................................................. 39
APPENDIX C - EMPLOYEE ASSISTANCE PROGRAM ............................................................... 40
APPENDIX D - DRUG PANEL .................................................................................................... 41
APPENDIX E – PREVIOUS EMPLOYER REQUEST..................................................................... 42
APPENDIX F - POST-ACCIDENT GUIDELINES .......................................................................... 44
APPENDIX G - REASONABLE CAUSE/SUSPICION GUIDELINES FOR SUPERVISORS .............. 46
ACKNOWLEDGEMENT OF RECEIVING ANTI-DRUG AND ALCOHOL MISUSE PREVENTION
POLICY ...................................................................................................................................... 47
..
..
Item 6 Page 25 of 69
Page 4 of 47
STATEMENT OF POLICY AND SCOPE
The City of Vernon has a legal responsibility to comply with the United States Department of
Transportation (DOT) regulations regarding testing of certain City employees. DOT Regulations 49 Code
of Federal Regulations (CFR) Part 40 (DOT Regulation) are on file with the City’s Designated Employer
Representative (DER) for review at any time during normal working hours.
To comply with its legal duty, the City cannot condone and will not tolerate any of the following
behaviors by its employees:
a. Use of illicit drugs.
b. Abuse of legal drugs (prescription or over-the-counter).
c. Abuse of alcohol.
d. Sale, purchase, transfer or use or possession of illegal drugs or prescription drugs obtained
illegally.
e. Arrival for work under the influence of drugs or alcohol.
f. Consuming illicit drugs or alcohol while working.
Within this Drug/Alcohol Testing Policy, certain elements are required because the City is regulated by
the DOT. In addition, certain policy elements, mostly related to specific personnel actions or this City’s
drug-free workplace regulations or City Policy, reflect requirements of the City but are not required by
DOT. With regard to those employees governed by DOT regulations, federal regulations shall be
considered as preempting any inconsistent City policy, state or local law or regulation.
All provisions and requirements of Federal Regulations 49 CFR Part 40 (DOT Regulation) and 49 CFR
Part 199 (PHMSA Regulation) are adopted as a component of this City policy and the City will enforce
all provisions and requirements of these regulations. These regulations are located at:
https://www.phmsa.dot.gov/pipeline/drug-and-alcohol/drug-and-alcohol-regulations. All references to
statutes in this policy include all regulations made thereunder and any applicable amendments to the
statute or regulations.
Operators of pipeline facilities subject to 49 CFR Parts 192, 193, and/or 195 are required to test covered
employees for the presence of prohibited drugs and alcohol. Pipeline operators are also required to ensure
that contractors are in compliance with Part 199.
APPLICABILITY
This policy applies to any person who performs on a pipeline or liquefied natural gas (LNG) facility an
operation, maintenance, or emergency-response function.
The anti-drug and alcohol program required by this policy must be conducted according to the
requirements of 49 CFR Part 199 and Part 40 procedures. Terms and concepts used in this policy have the
same meaning as in DOT Procedures. Violations of DOT Procedures with respect to anti-drug and alcohol
programs required by this policy are violations of this policy.
..
..
Item 6 Page 26 of 69
Page 5 of 47
DEFINITIONS - DEFINITIONS RELATED TO 49 CFR PART 199 AND PART 40
Definitions found in 49 CFR Parts 192, 193 and 195 are incorporated by reference as used in this policy
and include the following:
Accident means an incident reportable under Part 191 of CFR Title 49 involving gas pipeline facilities or
LNG facilities, or an accident reportable under Part 195 involving hazardous liquid pipeline facilities.
Incident
1) An event that involves a release of gas from a pipeline, or of liquefied natural gas, liquefied
petroleum gas, refrigerant gas, or gas from an LNG facility, and that results in one or more of the
following consequences:
a) A death, or personal injury necessitating in-patient hospitalization;
b) Estimated property damage of $122,000 or more, including loss to the operator and
others, or both, but excluding cost of gas lost;
c) Unintentional estimated gas loss of three million cubic feet or more;
2) An event that results in an emergency shutdown of an LNG facility. Activation of an emergency
shutdown system for reasons other than an actual emergency does not constitute an incident.
3) An event that is significant in the judgment of the operator, even though it did not meet the criteria
of paragraphs (1) or (2) of this definition.
Reporting Accidents
An accident report is required for each failure in a pipeline system in which there is a release of the
hazardous liquid or carbon dioxide transported resulting in any of the following:
1) Explosion or fire not intentionally set by the operator.
2) Release of 5 gallons (19 liters) or more of hazardous liquid or carbon dioxide, except that no report
is required for a release of less than 5 barrels (0.8 cubic meters) resulting from a pipeline
maintenance activity if this release is:
a) Not otherwise reportable under this section;
b) Not one described in §195.52(a)(4);
c) Confined to City property or pipeline right-of-way; and
d) Cleaned up promptly (with little or no delay, immediately);
3) Death of any person.
4) Personal injury necessitating hospitalization;
5) Estimated property damage, including cost of clean-up and recovery, value of lost product, and
damage to the property of the operator or others, or both, exceeding $50,000.
Administrator means the Administrator or the Pipeline and Hazardous Materials Safety Administration or
his or her delegate.
BAT means Breath Alcohol Technician.
City means the employer who has promulgated this policy.
..
..
Item 6 Page 27 of 69
Page 6 of 47
Control room means an operations center staffed by personnel charged with the responsibility for remotely
monitoring and controlling a pipeline facility.
Controller means a qualified individual who remotely monitors and controls the safety-related operations
of a pipeline facility via a SCADA system from a control room, and who has operational authority and
accountability for the remote operational functions of the pipeline facility.
Covered employee, employee, or individual to be tested (or applicant) means a person who performs a
covered function, including persons employed by operators, contractors engaged by operators, and persons
employed by such contractors.
Consortium/Third Party Administrator or C/TPA means the service agent; a vender contracted to assist
the City with the administration of the PHMSA regulated ANTI-DRUG and ALCOHOL MISUSE
PREVENTION POLICY
Covered function means an operations, maintenance, or emergency-response function regulated by 49 CFR
Parts 192, 193, or 195 that is performed on a pipeline or on an LNG facility.
DER means Designated Employer Representative.
DOT Procedures means the Procedures for Transportation Workplace Drug and Alcohol Testing Programs
published by the Office of the Secretary of Transportation in 49 CFR Part 40.
Fail a drug test means that the confirmation test result shows positive evidence of the presence under DOT
Procedures of a prohibited drug in an employee's system.
MRO means Medical Review Officer.
Operator means a person who owns or operates pipeline facilities subject to Parts 192, 193, or 195.
Pass a drug test means that initial testing or confirmation testing under DOT Procedures does not show
evidence of the presence of a prohibited drug in a person's system.
Performs a covered function includes actually performing, ready to perform, or immediately available to
perform a covered function.
Person means any individual, firm, joint venture, partnership, corporation, association, State,
municipality, cooperative association, or joint stock association, and includes any trustee, receiver,
assignee, or personal representative thereof.
PHMSA means the Pipeline & Hazardous Materials Safety Administration (PHMSA) and agency of the
United States Department of Transportation (DOT).
Pipeline or pipeline system means all parts of a pipeline facility through which a hazardous liquid or carbon
dioxide moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances
connected to line pipe, pumping units, fabricated assemblies associated with pumping units, metering and
..
..
Item 6 Page 28 of 69
Page 7 of 47
delivery stations and fabricated assemblies therein, and breakout tanks.
Pipeline facility means new and existing piping, rights-of-way, and any equipment, facility, or building
used in the transportation of gas or in the treatment of gas during the course of transportation.
Positive rate for random drug testing means the number of verified positive results for random drug tests
conducted under this policy plus the number of refusals of random drug tests required by this policy,
divided by the total number of random drug tests results (i.e., positives, negatives, and refusals) required
by this policy.
Prohibited drug means any of the following substances specified in Schedule I or Schedule II of the
Controlled Substances Act (21 U.S.C. 812): marijuana, cocaine, opiates, amphetamines, and phencyclidine
(PCP).
Refuse to submit, refuse, or refuse to take means behavior consistent with DOT Procedures concerning
refusal to take a drug test or refusal to take an alcohol test.
State agency means an agency of any of the several states, the District of Columbia, or Puerto Rico that
participates under the pipeline safety laws (49 U.S.C. 60101 et seq).
STT means Screening Test Technician.
DESIGNATED EMPLOYER REPRESENTATIVE (DER)
Appendix A contains the name, address, and phone number of the responsible individual(s) who ensure(s)
adherence to the policy and requirements will be met. The DER shall be responsible for the preparation of
an ANTI-DRUG and ALCOHOL MISUSE PREVENTION POLICY which complies with requirements of
the Department of Transportation regulations as set forth in 49 CFR Part 199 and 49 CFR Part 40. The
DER shall be responsible for providing oversight and evaluation on the plan; providing guidance and
counseling; reviewing of all discipline applied under this plan for consistency and conformance to human
resources policies and procedures; scheduling for types of testing (random, post-accident, reasonable
suspicion, etc.); maintaining a locked file system on all test results; and overseeing the referral of
employees for evaluation and treatment. The City of Vernon shall ensure that all covered employees
are aware of the provisions and coverage of the City's ANTI-DRUG and ALCOHOL MISUSE
PREVENTION POLICY and that all employees are notified prior to testing that such a test is required by
Part 199.
The position of DER shall be held by an employee of the City and not outsourced to a Service Agent.
DOT VERSUS NON-DOT TESTS AND EMPLOYEES:
DOT-PHMSA Covered Employees include: Electric Operator, Electric Operator, Sr., Utilities Dispatcher,
Utilities Dispatcher Sr., Chief Utilities Dispatcher, Utilities Dispatcher Trainee, Utilities Operations
Trainee, Gas Systems Specialist, Gas Systems Specialist, Lead, Gas Systems Superintendent, Gas Systems
Technician, Electric Operations Supervisor, Utilities Operations Supervisor, and Utilities Operations
Manager. These positions are considered operations, maintenance, or emergency-response.
..
..
Item 6 Page 29 of 69
Page 8 of 47
Supervisor positions that require supervisor training for reasonable cause/suspicion determinations
include: Chief Utilities Dispatcher, Gas Systems Superintendent, Electric Operations Supervisor, Utilities
Operations Supervisor, and Utilities Operations Manager.
Covered Position Employee Position Supervisor Position
Electric Operator X
Electric Operator, Sr. X
Utilities Dispatcher, X
Utilities Dispatcher, Sr. X
Chief Utilities Dispatcher X X
Utilities Dispatcher Trainee X
Utilities Operations Trainee X
Gas Systems Specialist X
Gas Systems Specialist, Lead X
Gas Systems Superintendent X X
Gas Systems Technician X
Electric Operations Supervisor X X
Utilities Operations Supervisor X X
Utilities Operations Manager X X
This policy does not preclude the City from adding or deleting covered classifications as needed or
required.
The City will require annual written verification by applicable contractors or subcontractors of their
compliance with 49 CFR Part 199 and 49 CFR Part 40 from contractors or subcontractors who perform
covered functions and conduct drug testing, education and training as part of the Anti-Drug Program
[§199.115].
The contractor must allow access to property and records by the operator, the Administrator, any DOT
agency with regulatory authority over the operator or covered employee, and if the operator is subject to
the jurisdiction of a state agency, a representative of the state agency for the purpose of monitoring the
operator's compliance with the requirements of Part 199 and Part 40 [§199.245(c)].
The City when utilizing applicable contractors or subcontractors who perform covered functions and
conduct alcohol testing, education and training as part of the Alcohol Misuse Prevention Program
[§199.245], but separate from the employer, will require annual written verification by applicable
contractors or subcontractors to ensure compliance with Part 199 and Part 40.
DOT tests are completely separate from non-DOT tests in all respects.
DOT testing is conducted and completed before a non-DOT test is begun. No excess urine is left over
from a DOT drug test to be used for a non-DOT test. The results of a DOT alcohol test are not used for a
non-DOT alcohol testing situation.
The City may test for additional drugs but it will not be performed on the DOT test submitted by the
employee. A completely separate void is provided for a test where additional substances are to be tested
..
..
Item 6 Page 30 of 69
Page 9 of 47
under the City’s authority.
In the event a non-DOT test has a different result than the DOT test, the City, Services Agent or MRO are
not permitted to change or disregard the results of DOT tests based on the results of non-DOT tests. DNA
testing will not be conducted on the DOT test nor shall the laboratory allow this to happen.
This City is prohibited by DOT to use the Federal Drug Testing Custody and Control Form (CCF) or the
Alcohol Testing Form (ATF) in the City’s non-DOT drug and alcohol testing programs. This prohibition
includes the use of the DOT forms with references to DOT programs and agencies crossed out. The City
also must always use the CCF and ATF for all DOT- mandated drug and alcohol tests.
ANTI-DRUG AND ALCOHOL MISUSE PLAN
The City maintains and follows the requirements of PHMSA and DOT by issuance of this drug plan. It
contains:
1. Methods and procedures for compliance with all the requirements of PHMSA, including the
employee assistance program;
2. The name and address of each laboratory that analyzes the specimens collected for drug testing;
3. The name and address of the City’s Medical Review Officer, and Substance Abuse Professional;
and
4. Procedures for notifying employees of the coverage and provisions of the plan.
USE OF PERSONS WHO FAIL OR REFUSE A DRUG OR ALCOHOL TEST
The City may not knowingly use as an employee any person who:
1) Fails a drug or alcohol test required by PHMSA and the Medical Review Officer makes a
determination under DOT Procedures;
2) Refuses to take a drug or alcohol test required by this policy.
The City will only be allowed to use employees listed in items 1 and 2 above when the employee
successfully completes a return-to-duty program prescribed by a qualified Substance Abuse Professional
(SAP) and:
1) Performs a return-to-duty drug and/or alcohol test and the test is negative;
2) Does not fail a drug or alcohol test following return-to-duty.
DRUG COLLECTION PROCEDURES
The employee will be asked to provide appropriate identification to the collector upon arrival at the
collection site. Acceptable forms of identification include a photo identification (e.g., driver’s license,
employee badge issued by the City, or any other picture identification issued by a Federal, state, or local
government agency), or identification by an employer or employer representative.
If the employee cannot produce positive identification, the collector will contact the DER to verify the
identity of the employee.
..
..
Item 6 Page 31 of 69
Page 10 of 47
The collector will explain the basic collection procedures to the employee and will review any additional
instructions with the employee. The Collector will maintain personal control over each specimen and CCF
throughout the collection process and prevents unauthorized personnel from entering any part of the site
in which urine specimens are collected or stored [49 CFR §40.43(d)(5) and §40.43(e)].
The collector will ask the employee to remove any unnecessary outer clothing (e.g., coat, jacket, hat, etc.)
and to leave any briefcase, purse, or other personal belongings he or she is carrying with the outer clothing.
The employee can retain his or her wallet. In most cases, lockers are provided for the employee and the
employee is provided the key. If the employee asks for a receipt for any belongings left with the collector,
the collector must provide one.
The collector will direct the employee to empty his or her pockets and display the items to ensure that no
items are present that could be used to adulterate the specimen. If nothing is there, the employee places
the items back into the pockets and the collection procedure continues. If the employee refuses to empty
his or her pockets, this is considered a refusal to cooperate in the testing process. The DER has the
responsibility to make the final determination of a refusal to test. Refusals are considered a positive result
that has the same requirements as if the employee tested positive for a drug substance.
The collector will instruct the employee to wash and dry his or her hands while the collector observes and
the collector will direct the employee that they cannot wash their hands until directed to do so.
The collector will either give the employee or allow the employee to select the collection kit or collection
container (if it is separate from the kit) from the available supply. Either the collector or the employee, with
both present, then unwraps or breaks the seal of the kit or collection container.
The collector will take precautions to ensure that unadulterated specimens are obtained and correctly
identified that meet the following requirements:
• Bluing agents in toilet tank and all water sources secure [§40.43(b)(1) and (2)]
• Individual positively identified (photo ID, etc.) [§40.61(c)]
• Proper authority contacted if individual fails to arrive at the assigned time [§40.61(a)]
• The donor shall remove any unnecessary outer garments. Purses or briefcases shall remain with
outer garments [§40.61(f)].
• Donor shall wash and dry his/her hands [§40.63(b)].
• To the greatest extent possible, the collector must keep an employee's collection container within
view of both himself/herself and the employee between the time the employee has urinated and
the specimen is sealed [§40.43(d)(2)]
• Any unusual behavior noted on the CCF [§40.63(e)]
The collector will direct the employee to go into the room used for urination and provide a specimen of at
least 45 ml. The employee will be directed to not flush the toilet, and return with the specimen as soon as
possible after completing the void. The collector may set a reasonable time limit for the employee to be
inside the bathroom and this time frame should be explained to the employee. This is to the employees
benefit as once the urine is voided in the specimen container, it begins to cool down. The specimen must
be in the 90 to 100 degree Fahrenheit range to be an acceptable specimen.
..
..
Item 6 Page 32 of 69
Page 11 of 47
The collector will check the temperature of the specimen as soon as the employee hands over the specimen,
but no later than four minutes after the employee comes out of the restroom.
After the employee hands the collection container to the collector, the collector unwraps or opens the
specimen bottles.
The collector then pours at least 30 mL of urine from the collection container into a specimen bottle and
places the lid/cap on the bottle. This will be the primary specimen or "A" bottle. The collector, then pours
at least 15 mL into a second bottle and places the lid/cap on the bottle. This will be the "B" bottle used for
the split specimen.
The collector will remove the tamper-evident seals from the CCF and place them on each bottle. The
collector writes the date on the seals and the employee will be asked to initial the seals. If the employee
fails or refuses to initial the seals, the collector will note this in the “Remarks” line of the CCF and complete
the collection process. This is not considered a refusal to test.
The collector will now direct the employee to read, sign, and date the certification statement, and provide
date of birth, printed name, and day and evening contact telephone numbers in Step 5 of Copy 2 of the
CCF.
The collector completes the collector’s portion of the chain of custody on the CCF.
The collector will ensure that all copies of the CCF are legible and complete and will remove Copy 5 from
the CCF and give it to the employee. The collector may suggest the employee is to list any prescription or
over-the-counter drugs on the employees copy of the CCF. This information may help the employee
remember what medications he or she may have taken if a positive result is reported by the laboratory to
the MRO.
The collector will place the specimen bottles and Copy 1 of the CCF inside the appropriate pouches of the
leak-resistant plastic bag, and seals both pouches. The collector will allow the employee to wash his or
her hand at this time and can now leave the collection site.
An immediate supervisor of the City shall not serve as a collector unless no other collector is available as
stated in §40.31(c).
When a collection site uses a facility normally used for other purposes, the City will ensure before the
collection that: (1) access to collection materials and specimens is effectively restricted; and (2) the facility
is secured against access during the procedure to ensure privacy to the employee and prevent distraction
of the collector. Limited-access signs will be posted [§40.43(c)].
Direct Observation Urine Collection
Federal regulations require a collector or observer to directly observe the employee while that employee
provides their urine specimen if the employee’s previous urine specimen was out of normal temperature
range, or the collector previously observed the employee attempting to tamper or substitute a specimen, or
the employee’s previous test result was invalid due to an interfering substance and the employee did not
..
..
Item 6 Page 33 of 69
Page 12 of 47
have a legitimate medical explanation, or the employee’s split specimen could not be tested following a
non-negative test result. The collector (or the observer) must be of the same gender as the employee for
direct observation collections. All return to duty and all follow-up testing shall be collected with direct
observation.
Shy Bladder (If You Have Difficulty Providing a Urine Specimen)
When the donor does not provide at least 45 milliliters of urine, the collector will follow all provisions of
CFR §40.65(a) and move into a Shy Bladder process. After the employee’s first unsuccessful attempt to
provide an acceptable specimen, you have up to 3 hours to produce a single specimen of sufficient volume
(you cannot combine specimens). The employee is allowed to consume up to 40 ounces of fluid reasonably
spread out over the 3 hours. If the employee does not provide a specimen within those 3 hours, the
employee must undergo a medical evaluation to determine if there was a medical reason for their inability
to do so. If a physician determines that there was no medical reason for not providing the sample, this will
be considered a refusal to test and the employee will be immediately removed from performing safety-
sensitive functions and could result in termination of employment. If the employee refuses the physician
evaluation, this is a refusal to test and the employee will be immediately removed from performing safety-
sensitive functions and could result in termination of employment.
COLLECTION PROCEDURES – ALCOHOL
Only evidential breath testing devices (EBTs) and alcohol screening devices (ASDs) listed on the National
Highway Traffic Safety Administration (NHTSA) Conforming Products List (CPL) will be used for DOT
alcohol testing [CFR §40.229]. An EBT must always be used for conducting the confirmation tests [CFR
§40.231(a)].
When a specific time for an employee's test has been scheduled, or the collection site is at the employee’s
worksite, and the employee does not appear at the collection site at the scheduled time, the collector will
contact the DER to determine the appropriate interval within which the DER has determined the employee
is authorized to arrive. If the employee's arrival is delayed beyond that time, the collector will notify the
DER that the employee has not reported for testing.
The DER will make the call as to whether it is a refusal to test.
Once the employee enters the alcohol testing site, the alcohol testing process should begin without undue
delay. The alcohol test should be completed first if in conjunction with a DOT drug test if at all possible.
The Evidential Breath Testing Device (EBT) currently used is: RBT IV
Sometimes the EBT machine is not available because it is in use. In that case a DOT urine collection can
be completed first.
Reasonable suspicion and Post-accident collections should always be conducted first.
If the employee requires medical attention (e.g., an injured employee in an emergency medical facility who
is required to have a post-accident test), treatment must be performed before an alcohol test can be
conducted.
..
..
Item 6 Page 34 of 69
Page 13 of 47
The employee is to provide positive identification by way of a photo ID issued by the employer (other than
in the case of an owner-operator or other self-employer individual) or a Federal, state, or local government
(e.g., a driver’s license). No fax or photocopies are allowed. Positive identification by an employer
representative (not a co-worker or another employee being tested) is also acceptable. If the employee
cannot produce positive identification, the DER can verify the identity of the employee.
The employee can ask for the Breath Alcohol Technician (BAT) to provide their identification to the
employee. The identification must include the BAT’s name and their employer’s name but is not required
to include a picture, address, or telephone number.
The BAT will explain the testing procedure to the employee, including showing the employee the
instructions on the back of the ATF.
The BAT will complete Step 1 of the Alcohol Testing Form (ATF).
The BAT will direct the employee to complete Step 2 on the ATF and sign the certification. If the
employee refuses to sign this certification, they will document this refusal on the “Remarks” line of the
ATF and immediately notify the DER. This is a refusal to test.
The BAT will select, or allow the employee to select, an individually wrapped or sealed mouthpiece from
the testing materials.
The BAT will open the individually wrapped or sealed mouthpiece in view of the employee and insert it
into the device in accordance with the manufacturer's instructions.
The BAT will instruct the employee to blow steadily and forcefully into the mouthpiece for at least six
seconds or until the device indicates that an adequate amount of breath has been obtained.
The BAT will show the employee the displayed test result.
If the device is one that prints the test number, testing device name and serial number, time and result, but
on a separate printout rather than directly onto the ATF, the BAT must affix the printout of the information
to the designated space on the ATF with tamper-evident tape or use a self-adhesive label that is tamper-
evident.
If the device is one that does not print the test number, testing device name and serial number, time, and
result, or it is a device not being used with a printer, the BAT must record this information in Step 3 of the
ATF.
If the test result is an alcohol concentration of less than 0.02%, the BAT must sign and date Step 3 of the
ATF and send to the DER in a confidential manner.
If the test result has an alcohol concentration of 0.02% or higher the BAT must direct the employee to take
a confirmation test.
There must be a waiting period of 15 minutes before the confirmation test can be conducted.
..
..
Item 6 Page 35 of 69
Page 14 of 47
The BAT will instruct the employee to not to eat, drink, put anything (e.g., cigarette, chewing gum) into
his or her mouth, or belch.
The reason for the waiting period is to prevent an accumulation of mouth alcohol from leading to an
artificially high reading; that following the BATs instructions concerning the waiting period is to the
employee's benefit; and that the confirmation test will be conducted at the end of the waiting period, even
if the instructions have not been followed.
Once the waiting period has begun, the BAT conducting an alcohol confirmation test must follow these
steps in order to complete the confirmation test process:
In the presence of the employee, BAT must conduct an air blank on the EBT they are using before
beginning the confirmation test and show the reading to the employee.
1) If the reading is 0.00, the test may proceed. If the reading is greater than 0.00, the BAT will conduct
another air blank.
2) If the reading on the second air blank is 0.00, the test may proceed. If the reading is greater than
0.00, the BAT must take the EBT out of service.
The BAT will open a new individually wrapped or sealed mouthpiece in view of the employee and insert
it into the device in accordance with the manufacturer's instructions.
The BAT will read and instruct the employee to read the unique test number displayed on the EBT.
The BAT will instruct the employee to blow steadily and forcefully into the mouthpiece for at least six
seconds or until the device indicates that an adequate amount of breath has been obtained.
The BAT will show the employee the result displayed on the EBT.
The BAT will show the employee the result and unique test number that the EBT prints out either directly
onto the ATF or onto a separate printout.
If the EBT provides a separate printout of the result, the BAT will attach the printout to the designated
space on the ATF with tamper-evident tape, or use a self-adhesive label that is tamper-evident.
After the EBT has printed the result of an alcohol confirmation test, the employee and the BAT will:
1) Sign and date Step 3 of the ATF.
2) If the alcohol confirmation test result is lower than 0.02%, nothing further is required of the
employee. They will sign and date Step 3 of the ATF.
3) If the alcohol confirmation test result is 0.02% or higher, the BAT will direct the employee to sign
and date Step 4 of the ATF. If the employee does not do so, the BAT will note this on the
“Remarks” line of the ATF. However, this is not considered a refusal to test.
4) If the test is invalid, the BAT will tell the employee the test is cancelled and note the problem on
the “Remarks” line of the ATF. If practicable, conduct a re-test.
..
..
Item 6 Page 36 of 69
Page 15 of 47
5) The BAT will immediately transmit the result directly to the DER in a confidential manner.
When an employee is unable to provide enough breath to complete the required breath alcohol test,
instructions shall be provided so the employee can make a second attempt. A third attempt can be made
along with attempting the test in a manual mode on the EBT or utilizing an ASD. If the employee is still
unable to produce a sufficient amount of breath or successfully complete a manual test or saliva test, the
BAT must note the fact on the “Remarks” line of the ATF and immediately notify the DER. This is a
refusal to test unless a medical evaluation by a physician can document explanation for the failure. All
provisions of CFR§40.261(a)(1) to (7) and CFR§40.265 shall be followed. Based on a refusal to test an
employee must be removed from the safety sensitive position and can face termination of employment.
Problems that occur that can cancel an alcohol test are outlined in §40.267 and §40.269. The BAT or
Screening Test Technician (STT) always has responsibility of trying to complete successfully an alcohol
test for each employee. Every attempt will be made to correct any problems. A cancelled alcohol test is
neither positive nor negative and cannot be used in a situation where an employee needs a test result that
is below 0.02% (e.g., in the case of a return-to-duty or follow-up test to authorize the employee to perform
safety-sensitive functions). The BAT or STT will immediately notify the DER of a canceled alcohol test.
When a saliva ASD is used for the initial alcohol screening, this shall be conducted by a trained and
qualified STT following all procedures required by §40.261.
When an employee is unable to provide an adequate amount of saliva for testing; the employee shall be
provided instructions for requiring the employee to attempt again to provide an adequate amount of saliva
for testing. All provisions of §40.263 shall be followed. If the employee refuses the second request for
the saliva collection, this is a refusal to test. If the employee is still unable to provide an adequate amount
of saliva, then the DER must immediately arrange to administer an alcohol test to the employee using an
EBT or other breath testing device.
External calibration checks and calibration will be performed at the intervals specified in the
manufacturer’s instructions for any EBT used for any DOT required alcohol confirmation testing [§40.231
and §40.233]. For any EBT that is used the devices recommended Quality Assurance Plan (QAP) will be
implemented. This will be verified annually of Service Agents providing breath alcohol testing services
to the City.
The City or its Service Agents shall comply with the QAP and manufacturer’s instructions for the ASD
that is used for saliva alcohol screening [§40.235 and §40.235(c)].
DRUG AND ALCOHOL TESTS REQUIRED
The City shall conduct the following tests per the PHMSA and DOT procedures:
Pre-Employment Testing
The City may not hire or contract for the use of any person as an employee unless that person passes a drug
test or is covered by an anti-drug program that conforms to the requirements of this policy. The City shall
conduct a pre-employment drug test and receive a negative result before the first performance of covered
functions by every covered employee.
..
..
Item 6 Page 37 of 69
Page 16 of 47
The same procedure applies to a new employee or an existing employee who has transferred to a position
involving the performance of covered functions.
Post-Accident Testing
The City will be required to immediately inform the Pipeline Operator they are working for, that an
accident/incident has occurred so the Pipeline Operator can make the determination that the employee
either contributed to the accident or cannot be clearly ruled out as a contributing factor to the accident. The
City shall provide the Pipeline Operator concrete facts of the accident. They must do this by providing
information of the employees’ contribution to the accident or incident promptly to meet the timelines for
testing required by the regulations.
If the Pipeline Operator makes the determination that the City’s employee performance either contributed
to the accident or cannot be completely discounted as a contributing factor for the accident, then the City
will perform a drug and alcohol test in accordance with the guidelines in Appendix F.
The City, having actual knowledge of an accident will remove the employee from performing covered
functions and will inform the employee they are prohibited from using alcohol for eight hours or until
determination has been made by the Operator as to if the employee was determined to have contributed to
the accident or was not a contributing factor to the accident.
See APPENDIX F: POST-ACCIDENT GUIDELINES FOR SUPERVISORS AND EMPLOYEES
Random Testing
The selection of employees for the random drug testing is made by a scientifically valid method which is
a computer-based random number generator that is matched with employees' payroll identification
numbers, or other comparable identifying numbers facilitated by our third-party administrator.
The City shall ensure that random drug tests conducted under this policy are unannounced and that the
dates for administering random tests are spread reasonably throughout the calendar year.
Under the selection process used, each covered employee shall have an equal chance of being tested each
time selections are made. This means the employee selected in the previous selection period will remain
in the drug testing random program for the next selection to be performed.
The City shall randomly select and ensure that a sufficient number of covered employees are selected for
testing during each calendar year to equal an annual rate not less than the minimum annual percentage
rate for random drug testing determined by the Administrator. If the City elects to conduct random drug
testing through a consortium, the number of employees to be tested may be calculated for each individual
operator or may be based on the total number of covered employees covered by the consortium who are
subject to random drug testing at the same PHMSA current minimum annual percentage rate.
Random testing shall be for drugs only; PHMSA does not authorize random alcohol testing.
..
..
Item 6 Page 38 of 69
Page 17 of 47
The following are the key aspects of the random testing selection process:
1) Employees remain in the random selection pool at all times, regardless of whether or not they have
been previously selected for testing.
2) Employees will be selected for random testing based on the number of covered employees in the
random pool at the time and the current PHMSA random testing rate. The current rate for 2023
for drug testing is 25% annually.
3) Employees shall be selected for testing by using a computer-based random number generator
or equivalent random selection method that is matched with an employee's employee ID number,
or other comparable identifying numbers facilitated by our third-party administrator.
4) The process will be unannounced as well as random. Employees will be notified that they have been
selected for testing after they have reported for duty on the day of collection.
5) Specimen collection will be conducted on different days of the week throughout the annual cycle to
prevent employees from matching their drug use patterns to the schedule for collection.
6) The list of employees that have been selected for random drug testing will be retained by the DER
or his/her designee in a secure location.
7) Employees shall report immediately to the collection site once notified by a supervisor.
Reasonable Cause
The City shall drug test each employee when there is reasonable cause to believe the employee is using a
prohibited drug or alcohol. The employee to be tested under DOT authority may be just starting to perform
covered functions, during performing covered functions, or just after performing covered functions. The
decision to test must be based on a reasonable and articulable belief that the employee is using a prohibited
drug on the basis of specific, contemporaneous physical, behavioral, or performance indicators of probable
drug use. The same indicators are used for alcohol testing with the addition of speech and odor .
The PHMSA regulation requires that at least one supervisor for each operator or contractor (with 50 or
fewer covered employees) must be trained in Reasonable Suspicion Awareness. This training is designed
to provide supervisors information regarding the signs and symptoms of drug and alcohol misuse. One
hour on drug misuse and one hour regarding alcohol misuse is required. For operators and contractors
with more than 50 covered employees, a minimum of two supervisors must be trained.
At least two supervisors, one of whom is trained in detection of the symptoms of drug use; shall
substantiate and concur in the decision to test an employee who is reasonably suspected of drug use CFR
§199.105(d).
A supervisor making a reasonable cause determination for testing shall not serve as the BAT or STT CFR
§40.211(c) and §199.225(b)(2).
See APPENDIX G: REASONABLE SUSPICION/CAUSE GUIDELINES FOR SUPERVISORS
..
..
Item 6 Page 39 of 69
Page 18 of 47
A Reasonable Suspicion/Cause Checklist Form is also provided for Supervisors to document reasonable
suspicion/cause.
Return-to-Duty Testing
A covered employee who refuses to take or has a positive drug test, or refuses to take or has an alcohol
concentration 0.04% or greater, may not return to duty in the covered function until the covered employee
has complied with applicable provisions of DOT Procedures concerning substance abuse professionals and
the return-to-duty process.
Per DOT regulations, the DER must direct the drug collection of the employee for a return-to-duty test be
performed as a direct observation collection procedure.
If the employee does not admit to refusing or having a positive test and the City finds out from a previous
employer of the employee that they did indeed refuse or tested positive, the employee will not be hired. In
the event that the previous employer checks were not conducted prior to hiring the employee and the
employee provides a negative pre-employment test, and then the City finds that the employee did refuse or
tested positive for a drug and/or alcohol test, the employee will be terminated.
The City will not conduct a return-to-duty drug and/or alcohol test until it has received the SAP letter
detailing the employees’ compliance with the rehabilitation ordered by the SAP.
Follow-Up Testing
A covered employee who refuses to take or has a positive drug test shall be subject to unannounced follow-
up drug tests administered by the City following the covered employee's return to duty. The number and
frequency of such follow-up testing shall be determined by a substance abuse professional, but shall consist
of at least six tests in the first 12 months following the covered employee's return to duty. In addition,
follow-up testing may include testing for alcohol as directed by the substance abuse professional, to be
performed in accordance with 49 CFR Part 40. Follow-up testing shall not exceed 60 months from the
date of the covered employee's return to duty. The substance abuse professional may terminate the
requirement for follow-up testing at any time after the first six tests have been administered, if the
substance abuse professional determines that such testing is no longer necessary.
Per the DOT regulations, the DER must direct the drug collection of the employee for a follow-up test be
performed as a direct observation collection procedure.
DRUG TESTING LABORATORY
The City shall use for the drug testing required by the PHMSA regulation only drug testing laboratories
certified by the Department of Health and Human Services (HHS) under the DOT Procedures. See
Appendix A for the laboratory this City utilizes.
The laboratory tests for the drugs required by DOT regulations of drug classifications for cocaine,
marijuana, opiates, amphetamines and PCP. The list of the drugs and metabolites required by DOT is in
Appendix D of this policy.
..
..
Item 6 Page 40 of 69
Page 19 of 47
The laboratory listed in Appendix A reports all results directly to our Medical Review Officer who is listed
in Appendix A through a secured mechanism designed by the Laboratory and the MRO office.
Laboratories testing the primary specimen will retain a specimen that was reported with positive,
adulterated, substituted, or invalid results for a minimum of one year. The specimen must be kept in
secure, long-term, frozen storage in accordance with HHS requirements [CFR §40.99 and CFR
§199.111(a)].
The laboratory will retain all records pertaining to each employee’s urine specimen for a minimum of two
years and also keeps for two years employer-specific data required in §40.111 [§40.109].
The laboratory will transmit an aggregate statistical summary, by employer, of the data listed in Appendix
B to the employer on a semi-annual basis.
MEDICAL REVIEW OFFICER REVIEW OF DRUG TESTING RESULTS
MRO Appointment. The City has designated a Medical Review Officer (MRO) listed in Appendix A to
verify results according to 49 CFR Part 40 regulations.
MRO Qualifications. Our MRO is a licensed physician who has the qualifications required by DOT
Procedures which require the MRO to go through training and re-qualification every five years. The MRO
qualification document is kept by our C/TPA and is listed on their web-site.
The City prohibits standing down an employee before the MRO has completed the drug test verification
process. Completed and verified drug test results will be transmitted directly from the MRO to the City.
MRO Duties
Acts as an independent and impartial “gatekeeper” and advocate for the accuracy and integrity of the drug
testing process.
Provides a quality assurance review of the drug testing process for the specimens under the MROs purview.
This includes, but is not limited to:
Ensures the review of the CCF on all specimen collections for the purposes of determining whether there
is a problem that may cause a test to be cancelled.
Provides feedback to employers, collection sites and laboratories regarding performance issues where
necessary; and
Reports to and consults with the ODAPC or a relevant DOT agency when requiring DOT assistance in
resolving any program issue. As an employer or service agent, are prohibited from limiting or attempting
to limit the MRO's access to DOT for this purpose and from retaliating in any way against an MRO for
discussing drug testing issues with DOT.
The MRO must determine whether there is a legitimate medical explanation for confirmed positive,
..
..
Item 6 Page 41 of 69
Page 20 of 47
adulterated, substituted, and invalid drug tests results from the laboratory.
Even though the MRO reviews employees’ test results, this does not deem that MRO has an established
doctor-patient relationship with the employees whose tests the MRO reviews.
The MRO must act to investigate and correct problems where possible and notify appropriate parties (e.g.,
HHS, DOT, employers, service agents) where assistance is needed, (e.g., cancelled or problematic tests,
incorrect results, problems with blind specimens).
The MRO must ensure the timely flow of test results and other information to employers.
The MRO must protect the confidentiality of the drug testing information.
The MRO must perform all your functions in compliance with this part and other DOT agency regulations.
Negative Results:
The City’s MRO reviews 5% of all negative drug tests outlined by the 49 CFR Part 40 regulations. The
MRO staff releases all negative drug test results as allowed by the regulations. Copy 1 and Copy 2 of the
Federal Custody and Control form are in hand before releasing negative results to perform a QC function
in order to ensure no discrepancies have occurred.
Qualifications and requirements for acting as an MRO are set forth in 49 CFR §40.121 and incorporated
herein by reference.
Negative Dilute Results:
If the MRO informs the City that a negative test was dilute, the City may take the following action
depending on City policy and/or guidance provided by the MRO:
(1) If the MRO directs that a recollection take place under direct observation (i.e., because the creatinine
concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL),
the City will do so immediately. Failure of the employee or applicant to submit for this recollection is
classified by the DOT as a refusal to test.
(2) Otherwise (i.e., if the creatinine concentration of the negative dilute specimen is greater than 5 mg/dL),
the City will, for existing employees, require the employee to retest upon immediate notification and be
escorted by a supervisor.
(3) Regarding a negative dilute (greater than 5 mg/dL) on an applicant, the City will require the applicant
to retest within 24 hours and provide instructions to applicant on how to avoid a dilute specimen.
NOTE: The City will treat all employees the same for this purpose. The City may, however, establish
different policies for different types of tests (e.g., conduct retests in pre-employment situations, but not in
random test situations). The City will inform its employees in advance of its decisions on these matters.
When such a retest is required after a negative dilute specimen, the employee or applicant will be given
..
..
Item 6 Page 42 of 69
Page 21 of 47
the minimum possible advance notice that he or she must go to the collection site. Instructions will be
provided on how to avoid a dilute specimen. The result of the retest will be considered the final result,
not the result from the first test. For current employees required to submit to a return-to-duty test or
follow-up test (both of which under DOT regulations must render a negative test result) a second directly
observed collection resulting in a negative dilute urine test result will render the final result a “negative”
test; and an applicant with a second directly observed negative dilute urine test result will not be eligible
for hire under the City’s uniformly enforced policy.
If the employee declines to take a retest required because of a dilute specimen, the action will be
considered a “refusal to be tested” and will be treated the same as a confirmed and verified positive result.
The offer of employment will be rescinded if an applicant refuses to take the retest because of a dilute
specimen.
Non-Negative Results
The MRO is required to review all positive, adulterated, substituted and invalid drug test results provided
by the laboratory. The MRO reviews Copy 1 of the Federal Drug Testing Custody and Control Form (CCF)
to determine if there are any fatal or correctable errors that may require the test to be cancelled.
The MRO reviews Copy 1 of the (CCF) to ensure that it is consistent with the information contained on
Copy 2, that the test result is legible, and that the certifying scientist signed the form.
The MRO conducts a confidential verification interview with the employee if the employee wants to
discuss the result. The MRO when in contact with the employee will explain to the employee that, if he or
she declines to discuss the result, the MRO will be required to verify the test as positive or as a refusal to
test because of adulteration or substitution, as applicable.
The MROs staff may conduct this initial contact for MRO under the MROs direction. The staff contact is
to schedule the discussion between the MRO and the employee and explain the consequences of the
employee declining to speak with the MRO. (i.e., that the MRO will verify the test without input from the
employee). If the employee declines to speak with the MRO, the MROs staff person will document the
employee’s decision, including the date and time.
The MROs staff person may advise an employee to have medical information (e.g., prescriptions,
information forming the basis of a legitimate medical explanation for a confirmed positive test result) ready
to present at the interview with the MRO.
The MRO will make three attempts spread reasonably during a 24-hour period to contact the employee. If
after the 24-hour period the employee did not contact the MRO, the MRO will contact the DER with a
statement that he has made three attempts to contact the employee with no response. The MRO will direct
the DER to contact the employee for the employee to call the MRO.
The DER must make three attempts within the next 24-hour period. If successful contact is made, (actually
talk to the employee) the DER is to notify the MRO that contact was made with documentation of the date
and time the contact was made. The DER must inform the employee that he or she should contact the MRO
immediately. The DER must also inform the employee of the consequences of failing to contact the MRO
..
..
Item 6 Page 43 of 69
Page 22 of 47
within the next 72 hours. The consequences are that the MRO will report the non-negative test event to
the DER after 72 hours has passed even if no contact has been made between the MRO and employee.
If the employee does not call the DER within the 24-hour period, the DER may leave a message for the
employee by either leaving a voice-mail on the employees’ personal cell phone, sending a personal email
or by US mail. If/when the DER has exhausted all reasonable efforts to contact the employees but fails to
do so, the DER may place the employee on temporary medically unqualified status or medical leave.
MRO Notification to Employee
At the beginning of the confidential verification interview, the MRO will explain to the employee that the
laboratory has determined that the employee’s test result is positive, adulterated, substituted, or invalid.
The MRO will tell the employee the drug(s) for which their specimen tested positive or the basis for the
finding of adulteration or substitution.
The MRO will explain the verification interview process to the employee and inform the employee that the
MROs decision will be based on information the employee provides during the interview.
The MRO will explain that, if further medical evaluation is needed for the verification process, the
employee must comply with the MROs request for this evaluation and that failure to do so is equivalent of
expressly declining to discuss the test result.
The MRO will notify the employee who has a confirmed positive, adulterated, substituted or invalid test
that the MRO is required to provide to third parties drug test result information and medical information
affecting the performance of safety-sensitive duties that the employee gives to the MRO in the verification
process without the employee's consent. This means that any information provided by the employee to the
MRO such as medications or other substances that will or may affect the performance of safety-sensitive
duties will be reported to the employee’s DER.
MRO Notification of Employee Right to Test the Split Specimen
If the MRO determines there is no legitimate medical explanation for a confirmed positive test result other
than the unauthorized use of a prohibited drug, the MRO will inform the employee of the following
procedure in which to request a test of the split specimen if the employee desires.
The MRO will inform the employee they have up to 72 hours from the time the MRO interviews the
employee regarding the test result. The MRO will give the employee the MRO phone number to call to
request another SAMHSA certified laboratory to test the split specimen which is Bottle B performed during
the collection. The MRO will immediately order the split sample testing when the employee informs the
MRO of the request. The MRO will also inform the employee that the City may require the employee to
pay for the cost of shipment (if any) and reanalysis of the sample. The MRO informs the employee that
the laboratory is not allowed to perform additional tests of the specimen nor will DNA tests be authorized.
The MRO will document the date and time of the employees’ request.
MRO Reporting of Results to DER
The MRO reports positive, refusal to test, and invalid results by providing an MRO Letter, and by calling
..
..
Item 6 Page 44 of 69
Page 23 of 47
and/or emailing directly to the DER. This letter is provided to the DER the City has designated to receive
these confidential results. The MRO simultaneously provides the report to this City’s C/TPA listed in
Appendix A of this policy.
Negative or cancelled test results are reported through the C/TPA’s database by electronic confidential
means when the MRO immediately releases the results. Once the MRO releases the result, a test result
certificate is generated and emailed to the DER on file. The DER has access to the C/TPA database 24/7
for accessing the test result certificate at any time.
EMPLOYEE ASSISTANCE PROGRAM
The City of Vernon maintains an Employee Assistance Program (EAP) that consists of referring
employees with substance use or misuse disorders to local rehabilitation centers. Any costs of outside
services are, however, the employee's responsibility.
Any employee who has not previously tested positive for drug or alcohol use and has not yet entered a
drug and/or alcohol abuse rehabilitation program, may seek assistance for substance use or misuse
disorders before they lead to disciplinary actions. Seeking a referral after a positive drug or alcohol test,
however, will not in any way excuse the employee from disciplinary action required by violations of this
policy
No employee will be discharged, disciplined or discriminated against solely upon the employee's
voluntarily seeking treatment for a drug/alcohol related problem if the employee has not previously tested
positive for drug use, entered an employee assistance program for drug related problems, or entered an
alcohol and drug rehabilitation program.
Through the EAP, the City will attempt to provide appropriate referral to drug and alcohol abuse
rehabilitation programs.
If an employee wishes to pursue help through the EAP or wishes to contact a SAP, please contact the
person listed in Appendix A for an appropriate referral. Appendix C also has additional EAP and SAP
information.
The City’s EAP program includes education and training on drug use as outlined in this policy and
additional employee education and supervisor training that will be required with documentation of receipt
of the educational and supervisor training programs.
REPORTING OF ANTI-DRUG AND ALCOHOL TESTING RESULTS (MIS REPORTS)
Each large operator (having more than 50 covered employees which includes contractor companies that
perform PHMSA safety-sensitive functions for the Operator.) shall submit an annual MIS report to
PHMSA of its anti-drug testing using the Management Information System (MIS) form and instructions as
required by 49 CFR part 40 not later than March 15 of each year for the prior calendar year (January 1
through December 31).
The PHMSA Administrator shall require by written notice that small operators (50 or fewer covered
employees) not otherwise required to submit annual MIS reports to prepare and submit such reports to
..
..
Item 6 Page 45 of 69
Page 24 of 47
PHMSA (The DER will need to request this information from the TPA).
Each report required under this section shall be submitted to the Office of Pipeline Safety Compliance
(OPS), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, PHP-
60, 1200 New Jersey Avenue, SE, Washington, DC 20590.
Each report shall be submitted in the form and manner prescribed by the PHMSA Administrator. No other
form, including another DOT Operating Administration's MIS form, is acceptable for submission to
PHMSA.
Each report shall be certified and signed by the Operator's anti-drug manager or designated representative.
PHMSA will allow the operator the option of entering the data through the Drug & Alcohol Testing
Management Information (DAMIS) system. The PHMSA program manager provides the Operator their
unique username and password.
The Operator lists the contractor companies that perform PHMSA covered functions for the Operator. The
DAMIS system will provide a unique username and password for each contractor company.
The Operator may provide the username and passwords to the contractor company and direct the contractor
company to enter the MIS data provided or the Operator may hire a third party to enter the MIS data.
The City is required to prepare the MIS data and enter the information in the DAMIS system by the request
of the Operator or provide a completed MIS Form to the Operator that has been certified by a City official
and date of the certification of the data.
The C/TPA may prepare the MIS report for the City but may not be the certifying official for signing the
document.
Retention of records – (49 CFR §199.117)
(a) Each operator shall keep the following records for the periods specified and permit access to the records
as provided by paragraph (b) of this section:
(1) Records that demonstrate the collection process conforms to this part must be kept for at least 3
years.
(2) Records of employee drug test that indicate a verified positive result, records that demonstrate
compliance with the recommendations of a substance abuse professional, and MIS annual report data
shall be maintained for a minimum of five years.
(3) Records of employee drug test results that show employees passed a drug test must be kept for at
least 1 year.
(4) Records confirming that supervisors and employees have been trained as required by this part must
be kept for at least 3 years.
(5) Records of decisions not to administer post-accident employee drug tests must be kept for at least
3 years.
(b) Information regarding an individual's drug testing results or rehabilitation must be released upon the
..
..
Item 6 Page 46 of 69
Page 25 of 47
written consent of the individual and as provided by DOT Procedures. Statistical data related to drug
testing and rehabilitation that is not name-specific and training records must be made available to the
Administrator or the representative of a state agency upon request.
Access to facilities and records – (49 CFR §199.231)
(a) Except as required by law or expressly authorized or required in this subpart, no employer shall release
covered employee information that is contained in records required to be maintained in § 199.227.
(b) A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the
employee's use of alcohol, including any records pertaining to his or her alcohol tests. The operator shall
promptly provide the records requested by the employee. Access to an employee's records shall not be
contingent upon payment for records other than those specifically requested.
(c) Each operator shall permit access to all facilities utilized in complying with the requirements of this
subpart to the Secretary of Transportation, any DOT agency, or a representative of a state agency with
regulatory authority over the operator.
(d) Each operator shall make available copies of all results for employer alcohol testing conducted under
this subpart and any other information pertaining to the operator's alcohol misuse prevention program,
when requested by the Secretary of Transportation, any DOT agency with regulatory authority over the
operator, or a representative of a state agency with regulatory authority over the operator. The information
shall include name-specific alcohol test results, records, and reports.
(e) When requested by the National Transportation Safety Board as part of an accident investigation, an
operator shall disclose information related to the operator's administration of any post- accident alcohol
tests administered following the accident under investigation.
(f) An operator shall make records available to a subsequent employer upon receipt of the written request
from the covered employee. Disclosure by the subsequent employer is permitted only as expressly
authorized by the terms of the employee's written request.
(g) An operator may disclose information without employee consent as provided by DOT Procedures
concerning certain legal proceedings.
(h) An operator shall release information regarding a covered employee's records as directed by the
specific, written consent of the employee authorizing release of the information to an identified person.
Release of such information by the person receiving the information is permitted only in accordance with
the terms of the employee's consent.
Retention of records – (49 CRF §199.227)
Records of decisions not to administer post-accident employee alcohol tests must be kept for a minimum
of three years.
Reporting of alcohol testing results – (49 CFR §199.229)
(a) Each large operator (having more than 50 covered employees) must submit an annual MIS report to
PHMSA of its alcohol testing results using the MIS form and instructions as required by 49 CFR part 40
(at §40.26 and Appendix H to part 40), not later than March 15 of each year for the prior calendar year
(January 1 through December 31). The Administrator may require by notice in the PHMSA Portal
(https://portal.phmsa.dot.gov/phmsaportallanding) that small operators (50 or fewer covered employees),
not otherwise required to submit annual MIS reports, to prepare and submit such reports to PHMSA.
..
..
Item 6 Page 47 of 69
Page 26 of 47
(b) Each report required under this section must be submitted electronically at http://damis.dot.gov. An
operator may obtain the username and password needed for electronic reporting from the PHMSA Portal
(https://portal.phmsa.dot.gov/phmsaportallanding). If electronic reporting imposes an undue burden and
hardship, the operator may submit a written request for an alternative reporting method to the Information
Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue SE. Washington, DC 20590. The request must describe the undue burden and
hardship. PHMSA will review the request and may authorize, in writing, an alternative reporting method.
An authorization will state the period for which it is valid, which may be indefinite. An operator must
contact PHMSA at 202–366–8075, or electronically to informationresourcesmanager@dot.gov to make
arrangements for submitting a report that is due after a request for alternative reporting is submitted but
before an authorization or denial is received.
PROHIBITIONS:
The use or possession of alcoholic beverages while on City property, or in any City vehicles, or on City
time, including breaks or lunch, paid or unpaid, on any shift, is strictly prohibited.
This policy makes no exception for medical marijuana. The Department of Transportation’s Drug and
Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs; including
marijuana, for any reason medical, recreational or otherwise.
Alcohol Concentration
Alcohol – removal from safety sensitive position at .02% blood alcohol content(BAC) or greater, violation
of Policy at .04% BAC or greater.
Covered employees are prohibited from reporting for duty or remaining on duty requiring the performance
of covered functions while having an alcohol concentration of 0.04% or greater. The City, having actual
knowledge that a covered employee has an alcohol concentration of 0.04% or greater, shall not permit the
employee to perform or continue to perform covered functions.
On-Duty Use – Covered employees are prohibited from using alcohol while performing covered
functions. The City, having actual knowledge that a covered employee is using alcohol while performing
covered functions, shall not permit the employee to perform or continue to perform covered functions.
Pre-Duty Use – Covered employees are prohibited from using alcohol within four hours prior to
performing covered functions, or, if an employee is called to duty to respond to an emergency, within the
time period after the employee has been notified to report for duty. The City having actual knowledge that
a covered employee has used alcohol within four hours prior to performing covered functions or within the
time period after the employee has been notified to report for duty, shall not permit that covered employee
to perform or continue to perform covered functions.
On-Call Employees - Employees who are not at work, but who could be called at any time to perform
covered functions are subject to the pre-duty alcohol prohibition. An employee, who has been notified to
report for duty to respond to an emergency, may not use alcohol after being notified to report. If City
personnel determine that an employee has used alcohol within the time period after the employee has been
notified to report for duty, the covered employee shall not be permitted to perform or continue to perform
..
..
Item 6 Page 48 of 69
Page 27 of 47
covered functions.
REFUSAL TO TEST OR FAILED A DRUG/ALCOHOL TEST
Covered employees shall acknowledge and that they will be considered to have refused to take a
drug/alcohol test or failed a drug/alcohol test if they:
1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined
by the City, consistent with applicable DOT agency regulations, after being directed to do so by the
employer. This includes the failure of an employee (including an owner- operator) to appear for a
test when called by a C/TPA;
2) Fail to remain at the testing site until the testing process is complete; Provided, that an employee
who leaves the testing site before the testing process commences for a pre-employment test is not
deemed to have refused to test;
3) Fail to provide a urine specimen for any drug test required by part 40 or DOT agency regulations;
Provided, that an employee who does not provide a urine specimen because he or she has left the
testing site before the testing process commences for a pre-employment test is not deemed to have
refused to test;
4) In the case of a directly observed or monitored collection in a drug test, fail to permit the
observation or monitoring of their provision of a specimen;
5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a
required medical evaluation, that there was no adequate medical explanation for the failure;
6) Fail or decline to take an additional drug test the City or collector has directed the employee to take;
7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the
verification process, or as directed by the DER under part §40.193(d). In the case of a pre-
employment drug test, the employee is deemed to have refused to test on this basis only if the pre-
employment test is conducted following a contingent offer of employment. If there was no
contingent offer of employment, the MRO will cancel the test;
8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed
by the collector, behave in a confrontational way that disrupts the collection process, refuse to
remove hat, coat, gloves, coveralls when directed or failure to wash hands as directed);
9) For an observed collection, fail to follow the observer’s instructions to raise you’re their clothing
above the waist, lower clothing and underpants, and to turn around to permit the observer to
determine if you have any type of prosthetic or other device that could be used to interfere with the
collection process;
10) Possess or wear a prosthetic or other device that could be used to interfere with the collection
process;
11) Admit to the collector that they adulterated or substituted the specimen;
12) The confirmed specimen reported to the MRO by the laboratory was adulterated or substituted;
13) Fail to sign the certification statement at Step 2 of the Alcohol Testing Form (ATF); or
14) Fail to cooperate with any part of the alcohol testing process.
CONSEQUENCES OF PROHIBITED CONDUCT
Each covered employee should understand that certain policy violations will result in immediate
termination. Such violations of the policy include, but are not limited to:
..
..
Item 6 Page 49 of 69
Page 28 of 47
the use of alcohol on City time;
the possession, sale or use of illegal drugs on City premises or on City time;
any effort to substitute or adulterate a drug test sample or otherwise alter a drug test result; or
refusal to test when required by this policy
Additional Discipline Actions for Violations of this Policy:
1. Job Applicants will not be hired and will be provided a referral list to a Substance Abuse
Professional (SAP) to meet the required conditions of 49 CFR Part 40.281 Subpart O.
2. An employee violation of this policy will result in immediate removal from the safety sensitive
position and meet the required conditions of 49 CFR Part 40.281 Subpart O with referral to the
SAP as stated below in Item 3. Per the City authority, a second violation of this policy will result
in immediate termination of employment.
Employees testing positive or refusal to test may forfeit eligibility for unemployment payments per
City authority. Injured employees after a positive or refusal to test on a post-accident testing event
may forfeit eligibility for workers’ compensation medical payments and indemnity payments per
City authority.
3. DOT consequences for a confirmed positive, adulterated, substituted drug/alcohol test or refusal
to test require the employee to be removed from a safety sensitive position and referred to a SAP.
The employee cannot return to the safety sensitive position until a final evaluation from the SAP
and a return to duty negative test. The employee will be responsible for any costs associated with
the SAP program.
4. City policy requires employees arrested, indicted or convicted of violating controlled substance
laws will notify the City within five (5) business days of the event and if this substance abuse
policy was also violated, will be disciplined up to and including termination, depending on the
circumstances.
5. The consequences for covered employees found to have an alcohol concentration of 0.02% or
greater but less than 0.04% shall be removal from the safety sensitive covered position until;
a. The employee’s alcohol concentration measures less than 0.02% in accordance with a test
administered under CFR §199.225(e); or
b. The start of the employee's next regularly scheduled duty period, but not less than eight
hours following administration of the test.
REFERRAL, EVALUATION, AND TREATMENT
Each covered employee who has violated the policy by having a non-negative or refusal to test for a drug
and alcohol test will be provided with a list of qualified substance abuse professionals within a reasonable
distance from the employee’s residence or the City can provide the employee with a national SAP network
for which to call for qualified SAPs in the employee’s area of residence.
A form will be provided to an employee who registers a verified positive drug or alcohol test result or
..
..
Item 6 Page 50 of 69
Page 29 of 47
refusal to test with a listing of qualified Substance Abuse Professionals (SAPs), regardless of whether or
not the employee is terminated or denied employment by his/her employer. This form shall document the
employee’s removal from safety-sensitive position and the requirement of providing a list of SAPs.
Before a covered employee returns to duty for performance of a covered function after engaging in a non-
negative or refusal to test for any employer, the employee must have a face-to-face assessment by a
qualified SAP, go through the required rehabilitation prescribed by the SAP, successfully complete the
rehabilitation and have a follow-up assessment by the same SAP.
The employee shall be subject to unannounced follow-up alcohol tests administered by the City following
the employee's return to duty. The number and frequency of such follow-up testing shall be determined
by a SAP, but shall consist of at least six tests in the first 12 months following the employee's return to
duty. In addition, follow-up testing may include testing for drugs, as directed by the substance abuse
professional, to be performed in accordance with 49 CFR Part 40. Follow-up testing shall not exceed 60
months from the date of the employee's return to duty. The SAP may terminate the requirement for follow-
up testing at any time after the first six tests have been administered, if the substance abuse professional
determines that such testing is no longer necessary.
Evaluation and rehabilitation may be provided by this City, by a SAP under contract with this City, or by
a SAP not affiliated with the City. The choice of SAPs and assignment of costs shall be made in accordance
with employer/employee agreements and employer/employee policies.
The City shall ensure that a SAP who determines that a covered employee requires assistance in resolving
problems with drug abuse and alcohol misuse does not refer the employee to the SAP’s private practice or
to a person or organization from which the SAP receives remuneration or in which the SAP has a financial
interest.
This paragraph does not prohibit a SAP from referring an employee for assistance provided through:
• A public agency, such as a State, county, or municipality;
• The City or a person under contract to provide treatment for alcohol problems on behalf of the City;
• The sole source of therapeutically appropriate treatment under the employee's health insurance
program; or
• The sole source of therapeutically appropriate treatment reasonably accessible to the employee.
CONFIDENTIALITY FOR DRUG AND ALCOHOL TEST INFORMATION
The City or their service agent is prohibited from releasing individual test results or medical information
about an employee to third parties without the employee's specific written consent.
A “third party” is any person or organization to whom other subparts of this regulation do not explicitly
authorize or require the transmission of information in the course of the drug or alcohol testing process.
“Specific written consent” means a statement signed by the employee that he or she agrees to the release
of a particular piece of information to a particular, explicitly identified, person or organization at a
particular time. “Blanket releases,” in which an employee agrees to a release of a category of information
(e.g., all test results) or to release information to a category of parties (e.g., other employers who are
members of a C/TPA, companies to which the employee may apply for employment), are prohibited under
..
..
Item 6 Page 51 of 69
Page 30 of 47
this part.
The City may release information pertaining to an employee's drug or alcohol test without the employee's
consent in certain legal proceedings such as an employment lawsuit, grievance (an arbitration concerning
disciplinary action taken by the employer), or administration proceeding (an unemployment compensation
hearing) brought by or on behalf of an employee and resulting from a positive DOT drug and alcohol test
or refusal to test (including, but not limited to adulteration or substituted test results).
These proceedings also include a criminal or civil action resulting from an employee's performance of
safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test
information sought is relevant to the case and issues an order directing the employer to produce the
information. For example, in personal injury litigation following a truck or bus collision, the court could
determine that a post-accident drug test result of an employee is relevant to determining whether the driver
or the driver's employer was negligent. The employer is authorized to respond to the court's order to
produce the records.
In such a proceeding, the City may release the information to the decision maker in the proceeding (e.g.,
the court in a lawsuit). The City may release the information only with a binding stipulation that the
decision maker to whom it is released will make it available only to parties to the proceeding.
If the City requests its employee's drug or alcohol testing information from their service agent to use in a
legal proceeding as authorized for a litigation proceeding (e.g., the laboratory’s data package), the service
agent will provide the requested information to the City.
Any time the City or their Service Agent release information in a legal proceeding, immediate notification
to the employee will be sent in writing.
RECORDKEEPING
The City will ensure that all records required by the DOT are maintained in a secure location under a locked
file cabinet to protect confidentiality of the employees’ information. The following records and time
requirements the City are to keep are outlined below:
One Year:
1) Records of employee drug test results that show employees passed a drug test;
2) Alcohol test results below 0.02%.
Two Years:
1) Records related to the inspection, maintenance and calibration of EBTs, i.e., collection logbooks,
calibration documentation for evidential breath testing devices, documentation of breath alcohol
technician training
2) Documents generated in connection with decisions to administer reasonable suspicion alcohol tests
3) Documents verifying existences of a medical explanation of the inability of an employee to provide
adequate breath for testing
Three Years:
1) Information obtained from previous employers under §40.25 concerning drug and alcohol test
..
..
Item 6 Page 52 of 69
Page 31 of 47
results of employees
2) Information this City provided to a prospective employer under the §40.25 drug and alcohol test
results of previous employees
3) Records related to reasonable suspicion supervisor training
4) Records related to employee training
5) Documents generated in connection with decisions on post-accident tests
Five Years:
1) Records of alcohol test results indicating an alcohol concentration of 0.02% or greater
2) Records of verified positive drug test results
3) Documentation of refusals to take required alcohol and/or drug tests (including substitution and
adulterated drug test results)
4) Calibration documentation for evidential breath testing devices
5) Substance Abuse Professional demonstration of compliance with the recommendations (e.g., SAP
Report)
6) Follow-up tests and testing schedule provided by the SAP for follow-up tests
7) MIS Annual Report.
ALCOHOL EDUCATION SUPPLEMENT
The following information shall be distributed to each covered employee prior to start of alcohol testing
under this subpart, and to each person subsequently hired for or transferred to a covered position [49 CFR
§199.239(a)(1)].
Written notice shall be provided to representatives of employee organizations of the availability of this
information [49 CFR §199.239(a)(2)].
For many people, the facts about alcoholism are not clear. What is alcoholism, exactly? How does it differ
from alcohol abuse? When should a person seek help for a problem related to his or her drinking? The
National Institute on Alcohol Abuse and Alcoholism (NIAAA) has prepared this information to help
individuals and families answer these and other common questions about alcohol problems. The following
information explains both alcoholism and alcohol abuse, the symptoms of each, when and where to seek
help, treatment choices, and additional helpful resources.
A Widespread Problem
For most people who drink, alcohol is a pleasant accompaniment to social activities. Moderate alcohol
use—up to two drinks per day for men and one drink per day for women and older people—is not harmful
for most adults. (A standard drink is one 12-ounce bottle or can of either beer or wine cooler, one 5-ounce
glass of wine, or 1.5 ounces of 80-proof distilled spirits.) Nonetheless, a large number of people get into
serious trouble because of their drinking. Currently, nearly 14 million Americans—1 in every 13 adults—
abuse alcohol or are alcoholic. Several million more adults engage in risky drinking that could lead to
alcohol problems. These patterns include binge drinking and heavy drinking on a regular basis. In addition,
53 percent of men and women in the United States report that one or more of their close relatives have a
drinking problem.
The consequences of alcohol misuse are serious—in many cases, life threatening. Heavy drinking can
..
..
Item 6 Page 53 of 69
Page 32 of 47
increase the risk for certain cancers, especially those of the liver, esophagus, throat, and larynx (voice box).
Heavy drinking can also cause liver cirrhosis, immune system problems, brain damage, and harm to the
fetus during pregnancy. In addition, drinking increases the risk of death from automobile crashes as well
as recreational and on-the-job injuries. Furthermore, both homicides and suicides are more likely to be
committed by persons who have been drinking. In purely economic terms, alcohol-related problems cost
society approximately $185 billion per year. In human terms, the costs cannot be calculated.
What Is Alcoholism?
Alcoholism, also known as “alcohol dependence,” is a disease that includes four symptoms:
1) Craving: A strong need, or compulsion, to drink.
2) Loss of control: The inability to limit one’s drinking on any given occasion.
3) Physical dependence: Withdrawal symptoms, such as nausea, sweating, shakiness, and anxiety,
occur when alcohol use is stopped after a period of heavy drinking.
4) Tolerance: The need to drink greater amounts of alcohol in order to “get high.”
People who are not alcoholic sometimes do not understand why an alcoholic can’t just “use a little
willpower” to stop drinking. However, alcoholism has little to do with willpower. Alcoholics are in the
grip of a powerful “craving,” or uncontrollable need, for alcohol that overrides their ability to stop drinking.
This need can be as strong as the need for food or water.
Although some people are able to recover from alcoholism without help, the majority of alcoholics need
assistance. With treatment and support, many individuals are able to stop drinking and rebuild their lives.
Many people wonder why some individuals can use alcohol without problems but others cannot. One
important reason has to do with genetics. Scientists have found that having an alcoholic family member
makes it more likely that if you choose to drink you too may develop alcoholism. Genes, however, are not
the whole story. In fact, scientists now believe that certain factors in a person’s environment influence
whether a person with a genetic risk for alcoholism ever develops the disease.
A person’s risk for developing alcoholism can increase based on the person’s environment, including
where and how he or she lives; family, friends, and culture; peer pressure; and even how easy it is to get
alcohol.
What Is Alcohol Abuse?
Alcohol abuse differs from alcoholism in that it does not include an extremely strong craving for alcohol,
loss of control over drinking, or physical dependence. Alcohol abuse is defined as a pattern of drinking
those results in one or more of the following situations within a 12-month period:
1) Failure to fulfill major work, school, or home responsibilities;
2) Drinking in situations that are physically dangerous, such as while driving a car or operating
machinery;
3) Having recurring alcohol-related legal problems, such as being arrested for driving under the
influence of alcohol or for physically hurting someone while drunk; and
4) Continued drinking despite having ongoing relationship problems that are caused or worsened by
the drinking.
..
..
Item 6 Page 54 of 69
Page 33 of 47
Although alcohol abuse is basically different from alcoholism, many effects of alcohol abuse are also
experienced by alcoholics.
Absenteeism among problem drinkers or alcoholics is 3.8 to 8.3 times greater than normal. If your fellow
workers don’t come to work, you may have to do their jobs in addition to your own. Workers who misuse
alcohol don’t function at their full potential. Not only is absenteeism a problem, when they are at work
these employees may have reduced capabilities and productivity. Since our mission is the safe
transportation of hazardous liquid (or natural gas), alcohol misuse is an especially serious issue.
Where to Get Help:
1) Outpatient programs exist in a variety of settings: Community mental health centers.
2) Full service agencies
3) Private physicians’ and therapists’ offices Occupational settings
4) Specialized alcoholism treatment facilities
5) Inpatient services, designed for those with more serious alcohol problems, can be found in
hospitals, residential care facilities, community halfway houses, and some alcoholism clinics.
Your local phone directory will list helpful referral organizations such as:
1) Local council on alcoholism
2) Alcoholics Anonymous
3) Community alcoholism or mental health clinic Social services or human resources department
County medical society
..
..
Item 6 Page 55 of 69
Page 34 of 47
FREQUENTLY ASKED QUESTIONS AND ANSWERS
The City has a commitment to a fully compliant, safe, effective, and reliable alcohol and controlled
substances testing program as mandated by the U.S. Department of Transportation (DOT) and the Pipeline
Hazardous Materials Safety Administration (PHMSA). The Federal regulations not only establish rules
which the City must comply with, but they also protect employee rights. The City urges all covered
employees to read this document carefully so they better understand the testing program. The City has on
file a complete copy of the CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING
POLICY for inspection.
COLLECTIONS AND LABORATORY
Q. SHOULD I HAVE IDENTIFICATION WITH ME WHEN I REPORT TO THE COLLECTION SITE?
A. YES. The collection site person must positively identify you by a photographic identification such as
a driver’s license or other picture I.D. In the absence of a photo I.D., you may be identified by a
representative of the City who can vouch for your identification, either in person or by phone. You may
request the collection site person to show you their identification.
Q. WILL I HAVE TO TAKE OFF MY CLOTHING FOR THE TEST?
A. NO. Only unnecessary outer garments, such as coats, or jackets that might conceal substances that
could be used to tamper with the specimen, must be removed. This is also true of purses or briefcases;
however, you may keep your wallet. Be aware that it is the practice of some physicians to ask the donor
to put on an examination gown as a matter of general practice, however, the donor is within their right to
refuse to do so. You may be asked to empty and show the collector items you have in your pockets. If you
would like, you may request that the collection site person give you a receipt for any personal belongings
that you are requested to leave with the collector during the collection process.
Q. I’VE HEARD THAT THERE ARE OBSERVED COLLECTIONS, IS THIS TRUE?
A. Yes. The collector will follow the 49 CFR Part 40 guidelines for observing the collection. There are
several reasons a direct observation is to take place which are outlined below. In the event of an observed
collection, the observer must be of the same gender.
Your employer must request a directly observed collection if: (1) The laboratory reported to the MRO that
a specimen is invalid, and the MRO determines that there is not an adequate medical explanation for the
result; or (2) The MRO reports that the original positive, adulterated, or substituted test result had to be
cancelled because the test of the split specimen could not be performed. Your employer must request a
directly observed collection if you are taking a return-to-duty or a follow-up test.
The collector must immediately conduct a collection under direct observation if: (1) Instructed to do so by
your employer; (2) You are observed bringing materials to the collection site or your conduct clearly
indicates an attempt to tamper with a specimen, (3) The temperature on the original specimen was out of
range; or (4) The specimen appeared to have been tampered with.
The collector is required to request that you raise your shirt, blouse, dress/skirt (as appropriate per gender)
..
..
Item 6 Page 56 of 69
Page 35 of 47
above the waist and lower clothing and underpants to show the collector, by turning around, that you do
not have a prosthetic device. After the collector has determined that a device is not present, they will permit
you to return your clothing to its proper position for continuation of the collection. The collector is still
required to watch the urine from the body into the collection container.
Refusal to submit to an observed collected specimen is treated as a refusal to test and reported to the
employer as such.
Q. WHAT IS “VALIDITY” TESTING?
A. Laboratories test every specimen for adulteration, substitution and dilution. An adulterated or
substituted specimen is a violation of Federal drug testing regulations.
Q. IS IT TRUE THAT I MUST WASH MY HANDS BEFORE PROVIDING A SPECIMEN?
A. YES
Q. WHY IS THERE COLORING AGENT IN THE BOWL?
A. To prevent the dilution or tampering of a specimen, a variety of measures are required by Federal
regulations. Other measures are designed to prevent donor access to any materials or substances which
could be used to adulterate specimens. These include barring access to any soap, soap dispenser, water
fountain, faucet, cleaning agent or other such potential adulterants. Similarly, a coloring agent (other than
red) in the bowl prohibits dilution of the urine by water from the bowl.
Q. WHAT IS THE COLLECTION PROCESS ACTUALLY LIKE?
A. The collection site will provide you a clean, single-use specimen container that is still securely sealed
in a plastic bag. You should take the container out of the bag yourself.
After affording you privacy behind the stall door to provide your sample, within four (4) minutes of
voiding, the collector will measure the temperature and also inspect the specimen for color and any sign
of contaminates. If the specimen is outside the permitted temperature range, the collector is required by
Federal regulation to immediately conduct a direct observation collection.
DOT regulations require a “split specimen”, that is, two specimen bottles. In the event of a positive test,
you will have 72 hours to request a testing of the second or split sample by another DHHS lab.
Q. DOES THE CITY CONTROLLED SUBSTANCES TESTING PROGRAM USE A RELIABLE
LABORATORY TO PERFORM THE URINALYSIS?
A. YES, ABSOLUTELY. The testing laboratories used by your agency have been certified by the U.S.
Department of Health and Human Services (DHHS) and follow strict procedures set forth in 49 CFR Part
40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs.
..
..
Item 6 Page 57 of 69
Page 36 of 47
Q. HOW CAN I BE SURE THAT THE URINE SAMPLE TESTED BY THE LABORATORY IS MINE?
A. Our laboratories have been evaluated by DHHS to ensure that they adhere to strict laboratory security
and chain of custody procedures. The labs strictly control access to keep unauthorized personnel from all
testing processes as well as areas where records are stored. Similarly, labs must be able to prove, in court,
that chain of custody (COC) procedures were maintained to control your specimen from collection through
completion of testing, reporting of results, storage and final disposition. For this reason, our labs use
federally mandated chain of custody procedures and forms and will ensure that your own chain of custody
form (CCF) is shipped with your specimen. You will participate in the identification of your own specimen
while observing the sealing of your specimen bottles.
Q. HOW DOES THE RANDOM SELECTION PROCESS WORK?
A. The City has contracted with a C/TPA, because it gives the City access to a highly sophisticated
computer program through which employees are selected for random testing. This process is not subject
to tampering by anyone and contains a variety of security passwords and encryption codes to ensure that
no employee can be “singled out” for a random test. For your protection, this computer program will only
be provided to duly authorized DOT inspectors for their review to ensure compliance with the law.
Be aware that a true random program gives each employee in the random pool an equal opportunity to be
picked and therefore, it is possible and quite probable that some employees will be picked more than once.
MEDICAL REVIEW OFFICER
Q. WHAT IS THE MEDICAL REVIEW OFFICER (MRO) AND WHAT DO THEY DO?
The MRO is a licensed physician with knowledge of substance abuse disorders. MRO duties include:
Reviewing and verifying both negative and positive test results,
Contacting the employee whose test is reported positive by the lab and providing the employee an
opportunity to discuss the test results,
Reviewing and interpreting positive test results to determine if an alternate medical explanation, medical
history, relevant biomedical facts and medical records made available by the employee could have caused
the positive, including legally prescribed medications and,
If required by the employee, the split specimen will be analyzed by another DHHS laboratory.
Q. WHAT IF THE MRO CAN’T CONTACT ME?
A. If the MRO can’t contact you, they must (by Federal regulation) notify the Designated Employer
Representative (DER), without revealing the test result or any information. That person will then attempt
to contact you and request that you contact the MRO. After notification by whatever means, you have 72
hours to contact the MRO. If you do not contact the MRO within this time period, the MRO will
automatically verify the test as positive and notify the DER. Moreover, if the DER is unable to contact
you, they have a right to place you on temporary medically unqualified leave.
..
..
Item 6 Page 58 of 69
Page 37 of 47
Q. DO I HAVE A RIGHT TO A RETEST OF ORIGINAL SPECIMEN?
A. ABSOLUTELY YES! If the MRO determines there is no legitimate medical reason for a positive,
within seventy-two (72) hours of receipt of those test results from the MRO, you may request a test of the
split specimen (the second specimen). The retest will be done at another DHHS certified laboratory and
both labs must follow DHHS approved custody transfer procedures. A retest of the first (primary)
specimen or giving a new specimen is NOT permitted by Federal rules.
Q. WHAT HAPPENS IF THE MRO DETERMINES THERE IS A LEGITIMATE MEDICAL REASON
FOR A POSITIVE TEST RESULT?
A. The MRO reports the result to the Designated Employer Representative as a “negative” and no further
action is taken.
NOTE: If there are other questions concerning the City of Vernon’s alcohol and drug testing program,
please contact the City’s DER.
..
..
Item 6 Page 59 of 69
Page 38 of 47
APPENDIX A - INFORMATION AND REVISION SHEET
City Designated Employer Representative (DER) – This is the Program Administrator, the person in charge of
the drug/alcohol testing program. This representative must remove employees from a Safety Sensitive position
upon a violation of the DOT rules and regulations for drug/alcohol testing.
DER Name: Michael A. Earl
City Location: City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
323-583-8811 Ext. 239
C/TPA Service Agent: Quality Consortium Services
(507) 838-3080
Drug Testing Laboratory: LabOne, Inc.
d/b/a Quest Diagnostics
10101 Renner Blvd.
Lenexa, KS 66219
Phone: 913-888-3927
800-873-8845
Alere Toxicology Services
1111 Newton St.
Gretna, LA 70059
Phone: 504-361-8989
800-433-3823
Drug & Alcohol Collections
Coordinated by:
Quality Consortium Services
(507) 838-3080
EBT Device for Breath
Alcohol Testing
Medical Review Officer
(MRO):
Dr. Brian N. Heinen
151 Leon Ave.
Eunice, LA 70535
Phone: 888-382-2281
Substance Abuse Professional
(SAP):
American Substance Abuse
Professionals
888-792-2727
National Substance Abuse
Professionals Network
1-800-879-6428
Employee Assistance Program
(EAP):
Anthem PRISM
See Appendix C of this Policy for EAP information
For EAP (Employee Assistance) Referral: Attached to this policy is also a list of referral sources (Appendix C).
For required SAP referral speak to the DER listed above and/or the SAP listed above.
..
..
Item 6 Page 60 of 69
Page 39 of 47
APPENDIX B – THIRD PARTY PROVIDERS
The City shall be responsible for all actions of their Officials, Representatives, and Agents (including
service agents) as required by CFR §40.11 and CFR §199.115(a).
On an annual basis the City will audit all third-party providers (Service Agents) who are providing DOT
PHMSA services for the City. The audit will be to verify that services provided are in compliance with 49
CFR Part 40 (DOT) and 49 CFR Part 199 (PHMSA) regulations.
The City shall verify initially upon contract and annually that all Urine Specimen Collectors meet the
training and qualification requirements required by 49 CFR Part 40.33. Specific training requirements for
all contracted Urine Specimen Collectors are set forth in 49 CFR § 40.33 and incorporated herein by
reference.
Training requirements for STTs and BATs are set forth in 49 CFR §40.213 and incorporated herein by
reference.
The City shall verify all Substance Abuse Professionals (SAP’s) referred to applicants or employees meet
the training and qualification requirements required by DOT 49 CFR Part 40.281. Specific qualification
requirements to act as a SAP are set forth in 49 CFR 40.281 and incorporated herein by reference.
..
..
Item 6 Page 61 of 69
Page 40 of 47
APPENDIX C - EMPLOYEE ASSISTANCE PROGRAM
DOT regulated employees testing positive, or refusal to test must be referred to a Substance Abuse
Professional (SAP):
American Substance Abuse Professionals, Inc.
888-792-2727
National Substance Abuse Professionals
Network
1-800-879-6428
Mutual of Omaha
The following organizations and resources provide confidential assistance to individuals who have,
or know someone who has, a problem with alcohol or other drugs.
Substance Abuse Treatment Locator www.findtreatment. gov
Phone: 1-800-662-4357 / 1-800-662-9832 (Español) / 1-800-228-0427 (TDD)
This Substance Abuse and Mental Health Services Administration (SAMHSA) Web site and toll-free
phone line help individuals locate drug and alcohol abuse treatment programs in their communities.
Other National Hotlines & National Assistance Groups:
Drug & Alcohol Abuse Hotline 1-800-252-6465
Drug Addiction Referral Hotline 1-800-758-5877
Alcoholics Anonymous 1-800-344-2666
Narcotics Anonymous 1-818-773-9999
AL-ANON Family Group Headquarters 1-800-356-9996
Child Help's - National Child Abuse Hot Line 1-800-422-4453
M.A.D.D. 1-800-438-6233
S.A.D.D. 1-508-481-3568
Families Anonymous 1-800-736-9805
Florida Alcohol and Drug Abuse Association 1-850-878-2196
National Runaway Switchboard 1-800-621-4000
National Institute on Drug Abuse (NIDA) 1-301-443-1124
National Suicide Prevention Lifeline 1-800-273-8255
National Council on Alcoholism & Drug Dependence Hopeline 1-800-622-2255
National Clearing House for Alcohol & Drug Information 1-800-729-6686
Employees may also speak with the City representative identified in APPENDIX A for additional
Employee Assistance Program (EAP) information or required referral to a Substance Abuse Professional.
..
..
Item 6 Page 62 of 69
Page 41 of 47
APPENDIX D - DRUG PANEL
As specified in DOT regulations 49 CFR Part 40, Section 40.87; the following substances will be tested
for: (subject to change if the regulation changes)
All cutoff concentrations are expressed in nanograms per milliliter (ng/mL)
DOT 5 Panel Drug Test Effective 01/01/2018
Initial Test Analyte Initial test
cutoff
Confirmatory test
analyte
Confirmatory
test cutoff
concentration
1 Marijuana metabolites
(THCA)
50 ng/mL THCA 15 ng/mL
2 Cocaine metabolite
(Benzoylecgonine)
150 ng/mL Benzoylecgonine 100 ng/mL
3 Phencyclidine (PCP) 25 ng/mL Phencyclidine
(PCP)
25 ng/mL
4 Amphetamines
Amphetamine 500 ng/mL Amphetamine 250 ng/mL
Methamphetamine 500 ng/mL Methamphetamine 250 ng/mL
MDMA/MDA 500 ng/mL MDMA/MDA 250 ng/mL
5 Opioids
Codeine/Morphine 2000 ng/mL Codeine/Morphine 2000 ng/mL
6-Acetylmorphine (6-AM or
Heroin)
10 ng/mL 6-Acetylmorphine
(6-AM or Heroin)
10 ng/mL
Hydrocodone 300 ng/mL Hydrocodone 100 ng/mL
Hydromorphone 300 ng/mL Hydromorphone 100 ng/mL
Oxymorphone 100 ng/mL Oxymorphone 100 ng/mL
Oxycodone 100 ng/mL Oxycodone 100 ng/mL
On an initial drug test, a result below the cutoff concentration is a negative. If the result is at or above the
cutoff concentration the lab must conduct a confirmation test.
On a confirmation drug test, a result below the cutoff concentration is a negative. If the result is at or above
the cutoff concentration it is a “lab report” confirmed positive requiring an MRO review.
The laboratory must report quantitative values for morphine or codeine that are greater than or equal to
15,000 ng/mL to the MRO.
All specimens will undergo a validity test to determine if the specimen is consistent with normal human
urine. The purpose of validity testing is to determine whether adulterants or foreign substances were
added to the urine, if the urine was diluted, or if the specimen was substituted.
Alcohol – removal from safety sensitive position at .02% BAC or greater, violation of Policy at .04%
BAC or greater.
..
..
Item 6 Page 63 of 69
Page 42 of 47
APPENDIX E – PREVIOUS EMPLOYER REQUEST
REQUEST FOR DOT DRUG AND ALCOHOL TESTING INFORMATION FROM PREVIOUS
EMPLOYER
EFFECTIVE AUGUST 1, 2001, 49 CFR Part 40, U.S. Department of Transportation, Procedures
for Transportation Workplace Drug and Alcohol Testing Programs requires employers to do a
background check of all new employees hired (or current employees transferred) to perform safety
sensitive covered functions. Enclosed with this document is a suggested form for requesting that
information. The following is the regulation.
49 CFR Part 40.25 Must an employer check on the drug and alcohol testing record of employees
it is intending to use to perform safety-sensitive duties?
(a) Yes, as an employer, you must, after obtaining an employee's written consent, request the information
about the employee listed in paragraph (b) of this section. This requirement applies only to employees
seeking to begin performing safety-sensitive duties for you for the first time (i.e., a new hire, an employee
transfers into a safety-sensitive position). If the employee refuses to provide this written consent, you must
not permit the employee to perform safety-sensitive functions.
Employers regulated by FMCSA, must comply with the requirements of this section by using the
FMCSA’s Drug and Alcohol Clearinghouse in accordance with section 382.71(a). In addition, they must
continue to comply with the requirements of section 40.25 when checking an employee’s testing history
with employers regulated by a DOT operating administration other than FMCSA.
Employers regulated by FMCSA, with a prospective employee subject to drug and alcohol testing with a
DOT agency other than FMCSA, must continue to request the information about the employee listed in
this section. For example, if employers regulated by both FMCSA and PHMSA, hiring an employee to
perform functions regulated by both DOT agencies, must query FMCSA’s Clearinghouse to satisfy
FMCSA’s requirements and must request the information listed below in this section to satisfy PHMSA’s
requirements.
(b) You must request the information listed in this paragraph (b) from DOT-regulated employers who have
employed the employee during any period during the two years (three years for FMCSA) before the date
of the employee's application or transfer:
1) Alcohol tests with a result of 0.04% or higher alcohol concentration;
2) Verified positive drug tests;
3) Refusals to be tested (including verified adulterated or substituted drug test results);
4) Other violations of DOT agency drug and alcohol testing regulations; and
5) With respect to any employee who violated a DOT drug and alcohol regulation, documentation of
the employee's successful completion of DOT return-to-duty requirements (including follow-up
tests).
A form is provided with this policy for the City to use to request the previous employer drug and alcohol
history.
..
..
Item 6 Page 64 of 69
Page 43 of 47
If the previous employer does not have information about the return-do-duty process (e.g., an employer
who did not hire an employee who tested positive on a pre-employment test), you must seek to obtain
this information from the employee.
The information obtained from a previous employer includes any drug or alcohol test information
obtained from previous employers under this section or other applicable DOT agency regulations.
If feasible, you must obtain and review this information before the employee first performs safety-
sensitive functions. If this is not feasible, you must obtain and review the information as soon as
possible. However, you must not permit the employee to perform safety-sensitive functions after 30
days from the date on which the employee first performed safety-sensitive functions, unless you have
obtained or made and documented a good faith effort to obtain this information.
If you obtain information that the employee has violated a DOT agency drug and alcohol regulation,
you must not use the employee to perform safety-sensitive functions unless you also obtain
information that the employee has subsequently complied with the return-to-duty requirements of 49
CFR Part 40 Subpart O and DOT agency drug and alcohol regulations.
You must provide to each of the employers from whom you request information under paragraph (b)
of this section written consent for the release of the information cited in paragraph (a) of this section.
The release of information under this section must be in any written form (e.g., fax, e-mail, letter)
that ensures confidentiality. As the previous employer, you must maintain a written record of the
information released, including the date, the party to whom it was released, and a summary of the
information provided. A form is provided with this policy to make this request.
If you are an employer from whom information is requested under paragraph (b) of this section, you must,
after reviewing the employee's specific, written consent, immediately release the requested information
to the employer making the inquiry.
As the employer requesting the information required under this section, you must maintain a written,
confidential record of the information you obtain or of the good faith efforts you made to obtain the
information. You must retain this information for three years from the date of the employee's first
performance of safety-sensitive duties for you.
As the employer, you must also ask the employee whether he or she has tested positive, or refused to
test, on any pre-employment drug or alcohol test administered by an employer to which the employee
applied for, but did not obtain, safety-sensitive transportation work covered by DOT agency drug and
alcohol testing rules during the past two years. If the employee admits that he or she had a positive test
or a refusal to test, you must not use the employee to perform safety-sensitive functions for you, until
and unless the employee documents successful completion of the required return-to-duty process.
Previous employer means any DOT regulated person who employed the covered employee in the
preceding 2 years (3 years for FMCSA), including any possible current employer.
..
..
Item 6 Page 65 of 69
Page 44 of 47
APPENDIX F - POST-ACCIDENT GUIDELINES
FOR SUPERVISORS and EMPLOYEES
The employee is required to notify their supervisor immediately when an incident occurs.
The appropriate official of this City must take all reasonable steps to obtain both an alcohol test and a urine
sample from an employee after an accident has been determined by the Pipeline Operator, as defined in
this policy, but any injury should be treated first.
Each employee shall be required to submit to an alcohol test within 2 hours of the accident. If a test is not
administered within two hours following the accident the City shall prepare and maintain on file a record
stating the reasons why the test was not administered. If a test is not administered within 8 hours following
the accident the City shall cease all attempts to conduct an alcohol test and shall prepare and maintain on
file written documentation indicating why the alcohol test was not conducted.
Each employee shall be required to submit to a drug test no later than 32 hours after an accident. If a test
is not administered within 32 hours following the accident the City shall cease all attempts to conduct a
drug test and shall prepare and maintain on file written documentation indicating why the drug test was
not conducted.
In the event the employee is injured, treatment comes first however; the following guidelines will be
followed for alcohol/drug testing:
In the case of a conscious but hospitalized employee, management should request that the hospital or
medical facility obtain the breath and urine samples from the employee under DOT drug testing
requirements as set forth in 49 CFR Part 40.
If an employee is injured, unconscious (employee is unable to communicate), or otherwise unable to
evidence consent (employee is unable to sign custody and control form or alcohol test form) to the
alcohol/drug test, a test should not be attempted.
If an employee is conscious (employee can communicate) and he/she is able to evidence consent (employee
able to sign custody and control form and the alcohol test form) to the alcohol/drug test and is able to
provide an adequate breath and void normally the specimens shall be collected.
If an employee who is subject to post-accident testing is conscious, able to breath and urinates normally
(in the opinion of a medical professional), and refuses to be tested, that employee will be removed from
duty and will be subject to disciplinary action up to and including termination.
The following procedure should be followed to ensure a proper post-accident procedure.
Employee should report all post-accident/incidents to their supervisor if a supervisor has not witnessed the
accident.
The supervisor will validate the post-accident decision by making sure the definition of a PHMSA accident
..
..
Item 6 Page 66 of 69
Page 45 of 47
applies to the current event. This will be done by obtaining approval from the PHMSA Operator to proceed
with post-accident testing.
The supervisor will remove the employee from the workplace during the decision-making process to
concur or discount a PHMSA accident occurred and the supervisor will explain the reason to the employee.
The supervisor should explain to the employee that even though it may feel like an accusation, stress that
this is an attempt to gather additional data to determine why the accident occurred,
Document the reason to test or not to test and all other actives that take place surrounding the accident
event.
The employee who is subject to post-accident testing must remain available for testing, or the City may
consider the employee to have refused to submit to an alcohol & drug test.
The employee subject to post-accident testing must refrain from consuming alcohol for eight hours
following the accident, or until he or she submits to an alcohol test, whichever comes first.
When the determination has been made, explain to the employee that it is a requirement to conduct the
drug and alcohol test per the PHMSA regulations.
It is a best practice to transport the employee to the collection/testing facility.
After returning from the collection site, the employee should not be allowed to return to performing any
covered functions pending the results of the alcohol and drug test and any discussion of disciplinary action
that may occur.
..
..
Item 6 Page 67 of 69
Page 46 of 47
APPENDIX G - REASONABLE CAUSE/SUSPICION GUIDELINES FOR
SUPERVISORS
In making a determination of reasonable cause, the factors to be considered include, but are not limited to
the following:
1) Adequately documented pattern of unsatisfactory work performance, for which no apparent non-
impairment related reason exists, or a change in an employee's prior pattern of work performance,
especially where there is some evidence of alcohol misuse or drug related behavior on or off the
work site.
2) Physical signs and symptoms consistent with alcohol misuse or controlled substance use.
3) Evidence of illegal substance use, possession, sale, or delivery while on duty.
4) Occurrence of a serious or potentially serious accident that may have been caused by human error,
or flagrant violations of established safety, security, or other operational procedures.
Forms utilized for this Policy include a Reasonable Cause/Suspicion Checklist to assist in making the
reasonable suspicion determination.
The following are recommended actions a supervisor should take when confronted with a possible drug or
alcohol use situation:
1) Ask the employee to come to a private area with another supervisor and/or other appropriate
personnel
2) Inquire about the behavior, rumor or report
3) Inform the employee of your concerns
4) Get his or her explanation of what is going on
5) If you feel there is a problem, notify your superior
6) If there is evidence or suspicion of recent use and based upon the employee’s response the
supervisor should:
a. Transport the employee to the collection/testing site
b. Place the employee on leave until a formal investigation takes place
c. Arrange for the employee to be escorted home
d. Refer the employee to the EAP, if applicable
If you make observations regarding the illegal distribution, possession, sale, transportation or
manufacturing of controlled and dangerous substances on work property, contact local law enforcement.
These situations usually result in a uniformed officer responding to conduct an investigation, make an
arrest (if appropriate) and prepare a report
49 CFR Part 382.603: Each employer shall ensure that all persons designated to supervise drivers
receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of
training on controlled substances use. The training will be used by the supervisors to determine whether
reasonable suspicion exists to require a driver to undergo testing under 49 CFR §382.307. The training
shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and
use of controlled substances.
..
..
Item 6 Page 68 of 69
Page 47 of 47
ACKNOWLEDGEMENT OF RECEIVING ANTI-DRUG AND ALCOHOL MISUSE PREVENTION
POLICY
City of Vernon
I hereby acknowledge receipt of this notice, Frequently Asked Questions and Answers, the Anti-Drug and
the Alcohol Misuse Prevention Policy. I agree to familiarize myself with these plans and to comply with
all provisions.
(PRINT EMPLOYEE NAME) (EMPLOYEE I.D. NUMBER)
(EMPLOYEE SIGNATURE) (DATE)
(WITNESS PRINT NAME AND SIGNATURE) (DATE)
This receipt is to be read and signed by the employee. A copy of this receipt may be given to the employee.
The original of this receipt must be kept on file.
..
..
Item 6 Page 69 of 69
City Council Agenda Report
Meeting Date:September 5, 2023
From:Scott Williams, Director of Finance
Department:Finance
Submitted by:Jessica Alcaraz, Financial Services Administrator
Subject
Community Development Block Grant Program Closeout for Coronavirus Response Rounds 2
and 3
Recommendation
Receive and file the report summarizing the accomplishments performed under the Community
Development Block Grant Agreement 20-CDBG-CV-2-3-00153 and authorize staff to proceed
with submitting required documents for closeout to the State.
Background
On March 27, 2020, Congress passed the Coronavirus Aid, Relief and Economic Security
(CARES) Act in response to the impacts of the COVID-19 pandemic. The State Department of
Housing and Community Development (HCD) published a Notice of Funding Availability (NOFA)
for the Community Development Block Grant Program – Coronavirus Response Round 2 and 3
(CDBG-CV 2 and 3). As a local non-entitlement jurisdiction, the City was allocated $247,979
based on the formula provided HCD to aid in offsetting costs for activities related to COVID-19.
On September 21, 2021, Council adopted Resolution No. 2021-31 approving an application for
funding and the execution of a grant agreement 20-CDBG-CV-2-3-00153 with HCD.
The full $247,979 awarded was expended for the operations of the AltaMed services for COVID-
19 screening and testing. Early in the pandemic, the City partnered with AltaMed to promptly
mobilize and effectively respond to Coronavirus. Grants totaling $250,000 were given to AltaMed
to aid with operational costs incurred in setting up outdoor evaluation and testing centers to meet
the need of underserved, high-risk communities across Los Angeles and Orange County. Three
of the nine centers were located in the Southeast Los Angeles (SELA) region. From March 15,
2020 to July 20, 2020, the evaluation centers in SELA completed 20,798 medical assessments
serving City of Vernon residents, businesses, and neighboring community members. AltaMed’s
main focus was to leverage testing to identify the sick and to provide targeted care to the most
vulnerable populations offering an invaluable service during the peak of the pandemic.
The program under agreement 20-CBG-CV-2-3-00153 has been completed. Staff has submitted
final funds requests for all eligible expenses and will submit the required closeout documents to
initiate the closeout process after Council approval.
Fiscal Impact
There is no fiscal impact associated with this report.
Attachments
1. AltaMed COVID-19 Response Efforts Report
..
..
Item 7 Page 1 of 5
1
COVID-19 Response Efforts – City of Vernon Final Report
BACKGROUND
The COVID-19 Pandemic has become a historic public health challenge that is testing the capacity of health care delivery organizations to
respond to escalating patient demand while also having to manage patient and staff safety. As one of the largest safety net providers in the
Southern California, AltaMed is well-positioned to respond to the urgent needs of the COVID-19 pandemic. AltaMed provides care in
communities that traditionally bear the burdens of health disparities and that have been disproportionately impacted by COVID-19. A
significant number of the community members we care for are burdened with chronic disease, are at risk of becoming homeless or are
currently homeless, and have substance use disorders. Collectively, these populations are disproportionately impacted by this pandemic, at
high-risk of COVID-19 infection and have lower rates of recovery. Additionally, in our immigrant communities, low-income patients and
underinsured patients are less likely to seek medical care due to cost. As such, our patient population represents some of the most
vulnerable especially as it pertains to COVID-19.
COVID-19 RESPONSE
As Southern California felt the impact of rapidly unfolding events such as school closings and safer-at-home orders in mid-March, AltaMed
promptly mobilized to best respond and support not only its 230,000 patients, but also the greater community it serves—predominantly low-
income, immigrant, communities of color in Los Angeles and Orange Counties. Led by Dr. Sherril Brown, AltaMed’s Infection Prevention
Medical Director, a COVID-19 action plan to shift the way health care is delivered was quickly developed and deployed. In order for the
organization to be able respond effectively to COVID-19, it was determined that an approach was needed to ensure individuals with upper
respiratory symptoms could be triaged and treated quickly without exposing others to possible infection. The team was able to rapidly
develop infrastructure for the delivery of alternative medical care in response to the COVID-19 pandemic. The result was the implementation
of safe, outdoor evaluation/ community testing sites in Los Angeles and Orange Counties for AltaMed patients and non-patients presenting
symptoms with upper respiratory infection, one of the main COVID-19 symptoms. These centers provide community-based testing and
evaluation for both AltaMed patients and non-patients in a “drive-through” setting. Our testing efforts has been imperative to maintain the
overall health system capacity by allowing AltaMed care for individuals that otherwise could have inundated the hospital system.
..
..
Item 7 Page 2 of 5
2
COVID-19 Response Efforts – City of Vernon Final Report
PERFORMANCE UPDATE (REPORTING PERIOD 3/15/2020 – 7/20/2020)
During this reporting period, AltaMed launched nine outdoor Evaluation & Testing Centers to meet the need of underserved, high-risk of
infection communities across Los Angeles and Orange Counties. Three of our nine evaluation sites were located in Southeast Los Angeles
(SELA) region. As of July 20th, AltaMed’s evaluation centers in SELA have been able to complete 20,798 medical assessments serving City of
Vernon residents, neighboring community members and inviduals working in the city. The tables below show demographics breakdown for
community members that have turned to AltaMed as a trusted Medical Care provider during this pandemic.
While the numbers above show significant wins for AltaMed and the health of our communities, the operational cost of these programs has
been a huge undertaking. “One of the key things that I am concerned about, when government is making big decisions about where
resources should go, those resources are not coming down to our communities, even though these are the individuals categorized as
essential workers” says Dr. Efrain Talamantes, AltaMed’s Chief Operating Officer. Many health centers have had to take on the burden of
expenses caused by the COVID-19 pandemic. The three main areas where AltaMed has incurred significant unplanned expenses are:
1. Building capacity in temporary drive-up testing centers – During this reporting period, AltaMed incurred start up cost to operate and
maintain outdoor testing centers, open for evening and weekend evaluations; Some of the most notable expenses in this category has
been outdoor equipment rentals, security, portable technology equipment, signage, etc.
2. Increased health center capacity and personnel levels to support coronavirus testing, clinical and operational needs directly related to
testing – Increased capacity by redeploying clinical staff to evaluation centers with a high testing need including nursing staff to assess and
conduct tests and physicians to provide onsite oversight and testing services;
3. Purchased and distributed personal protective equipment and supplies to provide a safe testing environment for staff and patients –
Supplies include: N95 masks, Pediatric masks, Face Shields, PPE gowns, gloves, shoe covers, bouffants, hand sanitizer, disinfectants, and
thermometers, etc.
AltaMed is incredibly grateful to City of Vernon for their financial support during this worldwide crisis. The awarded funds of $250,000 have
been utilized to offset over 2 million dollars of unplanned expenditures (see breakdown below) and will allow us to continue to serve
Southeast Los Angeles community members in need of testing and/or treatment for COVID-19.
..
..
Item 7 Page 3 of 5
3
COVID-19 Response Efforts – City of Vernon Final Report
DEMOGRAPHICS
11,290
9,508
8,500
9,000
9,500
10,000
10,500
11,000
11,500
GENDER
Female
Male
ETHNICITY QUANTITY
Hispanic or Latino 12,738
White 6,341
Asian 783
Black or African American 165
American Indian or Alaska
Native 9
Native Hawaiian/Other Pacific
Islander 26
Other Multi Racial 736
TOTAL 20,798
2,755
9,439
7,267
1,3370
1000
2000
3000
4000
5000
6000
7000
8000
9000
10000
0-17 18-40 41-65 65+
AGE
..
..
Item 7 Page 4 of 5
4
COVID-19 Response Efforts – City of Vernon Final Report
EXPENDITURES
..
..
Item 7 Page 5 of 5
City Council Agenda Report
Meeting Date:September 5, 2023
From:Zaynah Moussa, City Attorney
Department:City Attorney
Submitted by:Eva Muro, Legal Analyst
Subject
Amendment No. 1 to the Attorney Services Agreement between the City of Vernon and Burke,
Williams & Sorensen, LLP for specialized outside legal services
Recommendation
Approve and authorize the City Administrator to execute Amendment No. 1 to the Attorney
Services Agreement with Burke, Williams & Sorensen, LLP (Burke Williams), in substantially the
same form as submitted, to increase the total not-to-exceed amount by an additional $125,000.
Background
The City Attorney’s Office is staffed by the City Attorney and one Legal Analyst. For litigation
and specialized legal matters, the City Attorney utilizes the assistance of outside counsel on an
as-needed basis. On May 17, 2022, City Council approved an Attorney Services Agreement for
litigation and specialized legal services with Burke Williams (Agreement).
Burke Williams was selected after a comprehensive competitive selection process, in accordance
with City purchasing procedures and good governance contracting principles. In November
2021, the City Attorney’s Office issued a Request for Proposals (RFP) for Outside Legal Services
to develop a “roster” of outside counsel that can be utilized when needed. After receiving high
scores from the RFP evaluation panel, Burke Williams was selected for litigation and specialized
municipal matters. The term of the Agreement between the City and Burke Williams is May 20,
2022 through May 19, 2025. The City Attorney’s Office anticipates conducting a new RFP
process for outside legal services in or around November 2024, in compliance with Vernon
Municipal Code Section 3.32.220(B).
The City Attorney’s Office estimates costs for outside legal services each fiscal year and seeks
contract approval or amendment consistent with budget allocations approved by City
Council. Based on pending legal matters assigned to Burke Williams and projected costs for
Fiscal Year 2023-24, staff is requesting authority to enter into Amendment No. 1, which maintains
all existing terms under the current Agreement and increases the not-to-exceed amount by
$125,000, bringing the total contract amount to $275,000. Pursuant to Section 3.32.030(B), City
Council approval is required for the proposed amendment as the total value of the contract
exceeds $100,000.
Fiscal Impact
The fiscal impact is not-to-exceed $275,000 in the three-year contract term. Sufficient funds are
available in General Fund, City Attorney Department, Professional Services – Legal Account No.
011-010-115-529200 for the current fiscal year and will be budgeted in FY 2024-25.
Attachments
1. Burke Williams - Amendment No. 1
..
..
Item 8 Page 1 of 3
AMENDMENT NO. 1 TO THE ATTORNEY SERVICES AGREEMENT BETWEEN THE
CITY OF VERNON AND BURKE, WILLIAMS & SORENSEN, LLP FOR SPECIALIZED
OUTSIDE LEGAL SERVICES
This Amendment No. 1 (Amendment) to the Agreement for specialized outside
legal services dated May 20, 2022, (Agreement), is made as of September 5, 2023, by
and between the City of Vernon, a California charter city and municipal corporation
(City), and Burke, Williams & Sorensen, LLP, (Associate Counsel), a limited liability
partnership.
The City and Associate Counsel agree as follows:
RECITALS
A. The City and Associate Counsel are parties to a written Agreement dated May 20,
2022, under which Associate Counsel provides specialized outside legal services.
B. The City and Associate Counsel desire to amend the Agreement to increase the
total not to exceed amount by an additional $125,000.
NOW, THEREFORE, the parties to this Amendment agree as follows:
1. Effective as of September 5, 2023, the total amount not to exceed for the period
of May 20, 2022 through May 19, 2025 shall not exceed a total amount of $275,000.
2. Except as expressly modified by this Amendment, all provisions of the
Agreement shall remain in full force and effect.
3. The provisions of this Amendment shall constitute the entire agreement of the
parties with respect to the subject matter included in this Amendment and shall
supersede any other agreement, understanding, or arrangement, whether written or
oral, between the parties with respect to the subject matter of this Amendment.
4. The person or persons executing this Amendment on behalf of each of the
parties warrants and represents that he or she has the authority to execute this
Amendment on behalf of that party and has the authority to bind that party to the
performance of its obligations hereunder.
[Signatures Begin on Next Page].
..
..
Item 8 Page 2 of 3
Burke, Williams & Sorensen, LLP
Amendment No. 1
Page 2 of 2
_______________________
IN WITNESS WHEREOF, the parties have executed this Amendment as of the date
stated in the introductory clause.
City of Vernon, a California Charter City and
California municipal corporation
_______________________________
Carlos Fandino, City Administrator
ATTEST:
________________________________
LISA POPE, City Clerk
APPROVED AS TO FORM:
_______________________________
ZAYNAH N. MOUSSA, City Attorney
Burke, Williams & Sorensen, LLP, a
limited liability partnership
By:
Name:
Title:
..
..
Item 8 Page 3 of 3