20141209 Special City Council Meeting - Packet (2) California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda
items, including attachments, which are presented to the City Council in open session are available for public
inspection. They may be inspected during regular business hours in the City Clerk's Office at Vernon City Hall,
4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at
www.cityofvemon.org.
Americans with Disabilities Act("ADA"): In compliance with the ADA, if you need special assistance to
participate in the meeting, please contact the City Clerk's office at(323) 583-8811. Notification of at least 48
hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable
arrangements can be made to provide accessibility to the meeting or service.
Agenda
City of Vernon
Special City Council Meeting
Tuesday, December 9, 2014, 8:00 a.m.
Council Chamber
4305 Santa Fe Avenue
Vernon, California
05
� 'ID os�¢ W. Michael McCormick, Mayor
sl� LY pro William J. Davis, Mayor Pro-Tem
Richard J. Maisano, Council Member
Luz Martinez, Council Member
Vacant, Council Member
CALL TO ORDER& FLAG SALUTE
CHANGES TO THE AGENDA
PUBLIC COMMENT -At this time the public is encouraged to address the City Council on any matter that is
within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment
on matters which are on the posted agenda during City Council deliberation on those specific matters.
PRESENTATIONS
1. Presentation by the external auditor on the Annual Financial Report for Fiscal Year 2013-2014.
Special City Council Meeting Agenda
December 9, 2014
CONSENT CALENDAR-All matters listed on the Consent Calendar are to be approved with one motion.
Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be
considered immediately after the Consent Calendar.
Claims Against the City—Received and Filed
2. Claim for Damages received on November 10, 2014, from Edgar Bernal in the amount of
$1,050.80.
Minutes—To be Received and Filed
3. Minutes of the Regular City Council Meeting held November 4, 2014.
4. Minutes of the Special City Council Meeting held November 17, 2014.
5. Minutes of the Regular City Council Meeting held November 18, 2014.
Warrant Registers
6. Approval of City Warrant Register No. 1413, totaling $1,686,895.44, which covers the period of
November 11, through November 24, 2014, and consists of the following:
a. Ratification of wire transfers totaling $1,122,076.87; and
b. Ratification of the issuance of early checks totaling $431,753.70; and
c. Authorization to issue pending checks totaling $133,064.87.
7. Approval of Light & Power Warrant Register No. 378, totaling $5,625,535.50,which covers the
period of November 11, through November 24, 2014, and consists of the following:
a. Ratification of wire transfers totaling$5,513,809.72; and
b. Ratification of the issuance of early checks totaling $49,216.85; and
c. Authorization to issue pending checks totaling $62,508.93.
8. Approval of Gas Warrant Register No. 166, totaling $13,213.11,which covers the period of
November 11, through November 24, 2014, and consists of the following:
a. Ratification of the issuance of early checks totaling $8,214.03; and
b. Authorization to issue pending checks totaling $4,999.08.
Fire Department
9. Authorize the City Administrator to execute the Site Access Agreement with the Los Angeles
Regional Interoperable Communications System (LA-RICS)Authority for the Long Term
Evolution ("LTE") Proiect.
Page 2 of 9
Special City Council Meeting Agenda
December 9, 2014
Recommendation:
(1) Find that the proposed approval is exempt from review under the California Environmental
Quality Act("CEQA")pursuant to Public Resources Code Section 21080.25, the statutory
CEQA exemption adopted specifically for the LA-RICS project. To the extent any leased circuit
work that may occur outside of the PSBN site(s) is needed to provide connectivity to the site(s),
such work is categorically exempt under CEQA pursuant to CEQA Guidelines Sections 15301,
15303, and 15304; and
(2) Approve and authorize the City Administrator to execute the Site Access Agreement with the
Los Angeles Regional Interoperable Communications System(LA-RICS) Authority, in
substantially the same form as with the staff report. Approval of the Site Access Agreement
does not constitute a commitment or obligation to participate in LA-RICS as a continuing
member of the LA-RICS Authority.
10. Activity Report for the period of November 1 through November 15, 2014, to be received and
filed.
Gas and Electric Department
11. Approval of Upstream Internet Access Services Contract Renewal with Broadband.
Recommendation:
(1) Find that the approval of the proposed contract amendment is exempt under the California
Environmental Quality Act("CEQA") in accordance with CEQA Guidelines Section
15061(b)(3), the general rule that CEQA only applies to projects that may have an effect of the
environment; and
(2) Authorize the City Administrator to execute a three year contract renewal with Broadband"not-
to-exceed" a total amount of$180,000 during the three year term($60,000 annually, including
taxes and fees) for the delivery of a wholesale internet access circuit to the City's internet
system, in substantially the same form as submitted with the staff report. The proposed contract
will increase the City's pre-tax monthly bill by$486, from $3,764 to $4,250, and double
transmission speeds from 100 Mbps to 200 Mbps. It is further recommended that the City
Council find that the contract is exempt from competitive bidding requirements pursuant to
Vernon Municipal Code § 2.17.12(A)(6)because this is a contract for the acquisition or
transmission of telecommunications for the Gas &Electric Department and it would be
commercially unreasonable to procure these services through standard bidding or request for
proposal procedures, given that that the City is already connected to Broadband network, and
switching carriers would be too expensive to be in the City's best interests.
Police Department
12. Authorize the City Administrator to enter into a Memorandum of Understanding for the Use of
Los Angeles Regional Interoperable Communications System Authority User Equipment.
Recommendation:
(1) Find that the approval of the proposed Memorandum of Understanding("MOU") is exempt
under the California Environmental Quality Act ("CEQA"). In accordance with Section
Page 3 of 9
Special City Council Meeting Agenda
December 9, 2014
15061(b) (3), the general rule is that CEQA only applies to projects that may have an effect on
the environment; and
(2) Approve and authorize the City Administrator to enter into a MOU with the Los Angeles
Regional Interoperable Communications System Authority("LA-RICS") on behalf of the City of
Vernon, in substantially the same form as submitted with the staff report, for the loan of LA-
RICS User Equipment(portable radios) to the Vernon Police Department.
13. Activity Log and Statistical Summary of Arrests and Activities for the period of November 11
through November 15, 2014, to be received and filed.
Public Works, Water and Development Services Department
14. Approval of Quitclaim Deed and Fire Lane Easement for 3250 Saco Street.
Recommendation:
(1) Find that the acceptance of the proposed Quitclaim Deed and Fire Lane Easement are
categorically exempt under the California Environmental Quality Act("CEQA") in accordance
with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
(2) Accept the Quitclaim Deed and Fire Lane Easement, and authorize the Mayor to execute said
documents.
NEW BUSINESS
Gas and Electric Department
15. Approval of Change Order No. 1 to the Existing Consulting Services Agreement with
Engineering Partners, Inc., for the Design and Preparation of Plans for the Relocation of Power
Poles related to the Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River
Bridge.
Recommendation:
(1) Find that the approval of Change Order No. 1 to the Consulting Services Agreement with
Engineering Partners, Inc., ("EPI") is within the Initial Study/Mitigated Negative Declaration
prepared for this project pursuant to the provisions under the California Environmental Quality
Act("CEQA") in accordance with Section 15063, the lead agency shall conduct an initial study
to determine if the project may have a significant effect on the environment, and Section 15070.;
and
(2) Approve and authorize the City Administrator to execute Change Order No. 1, in substantially
the same form as submitted with the staff report, to existing consulting services agreement with
EPI for services related to additional surveying requirements, for a compensation amount not-to-
exceed $10,000; thereby increasing the total contract value to a not-to-exceed amount of
$147,3 85.
16. Request for Approval of Additional Fund Allocation for OneSource Distributors,LLC Purchase
Order 055.0002176.
Page 4 of 9
Special City Council Meeting Agenda
December 9, 2014
Recommendation:
(1) Find that the approval requested is exempt under the California Environmental Quality Act
("CEQA") in accordance with Section 15273 because CEQA does not apply to "purchasing or
leasing supplies, equipment or materials; and that even if it were subject to CEQA, it would be
exempt pursuant to 15061(b)(3), the general rule that CEQA only applies to projects that may
have an effect on the environment because the cable referenced will be used merely to replace
existing older cable; and
(2) Authorize the City Administrator to approve additional fund allocation in the amount of
$22,372.78 to existing Purchase Order 055.0002176 with OneSource Distributors
("OneSource"). A power cable purchase from OneSource was originally authorized by City
Council in June 2014 for a total amount not to exceed$388,898.00. Due to the complex nature
of measuring precise lengths of cable, a 10%tolerance is generally employed by suppliers as an
industry practice. The additional cable which was provided to the City after cutting occurred has
affected the total cost of the materials. The approval of additional funds would thereby increase
the maximum authorized expenditure from $388,898.00 to $411,270.78, and would fully satisfy
the payment due to OneSource.
17. Approval of Change Order No. 1 to the existing Services Agreement with Power Engineers, Inc.,
for Distributed Generation Impact Study Services.
Recommendation:
(1) Find the approval of Change Order No. 1 to the Services Agreement is exempt under the
California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment; and
(2) Authorize the City Administrator to execute Change Order No. 1, in substantially the same form
as submitted with the staff report, to the services agreement with Power Engineers, Inc. ("PEP')
for services regarding a distributed generation impact study. In addition to the subtasks
summarized in Task 4 of the original scope of work, PEI will leverage and augment existing
analyses to complete a new Cost of Service ("COS") Study. The proposed change order reflects
an increase not-to-exceed $36,500, for a grand total not-to-exceed $255,280.00 over the one year
term of the agreement.
Human Resources Department
18. Adoption of City of Vernon Personnel Policies and Procedures, Smoking Policy I-14 (update).
Recommendation:
(1) Find that approval of the proposed personnel policy and procedures is exempt under the
California Environmental Quality Act ("CEQA") in accordance with Section 15061(b)(3), the
general rule that CEQA only applies to projects that may have an effect on the environment; and
(2) Adopt the Personnel Policy and Procedures, Smoking Policy I-14 (update), and incorporate it
into the Personnel Policies and Procedures Manual; and
(3) Authorize the City Administrator and the Director of Human Resources to execute and distribute
the above-referenced policy to all employees.
Page 5 of 9
Special City Council Meeting Agenda
December 9, 2014
19. A Resolution of the City Council of the City of Vernon Approving the Memorandum of
Understanding by and Between the City of Vernon and the Vernon Firemen's Association for the
Period of July 1, 2014 through June 30, 2017.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California Environmental
Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
(2) Adopt the resolution approving the Memorandum of Understanding by and between the City of
Vernon and the Vernon Firemen's Association("VFA") for the period of July 1, 2014 through
June 30, 2017.
20. A Resolution of the City Council of the City of Vernon Adopting an Amended and Restated
Citywide Fringe Benefits and Salary Resolution and Repealing all Resolutions in Conflict
Therewith.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California Environmental
Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
(2) Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution,
effective December 28, 2014, to reflect the following provisions:
a) Amend Exhibit A, Classification and Compensation Plan
b) Amend Section 11, Automobile Allowance
c) Add Section 21,Uniform Allowance
d) Delete the Risk Manager Classification
e) Implement the changes set forth in the 2014-2017 Memorandum of Understanding
between the City of Vernon and the Vernon Firemen's Association
Public Works, Water and Development Services Department
21. Authorization to enter into the First Amendment of the Memorandum of Understanding for the
purposes of the Municipal Separate Sewer Storm System National Pollutant Discharge System
Permit Requirements.
Recommendation:
(1) Find that the approval of the proposed First Amendment to the Memorandum of Understanding
(MOU) is exempt under the California Environmental Quality Act("CEQA") in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect
on the environment; and
(2) Authorize the City Administrator to execute the First Amendment to the MOU, in substantially
the same form as submitted with the staff report, between the Los Angeles Gateway Regional
Water Management Joint Powers Authority(GWMA) and the Cities of Bell, Bell Gardens,
Commerce, Cudahy, Huntington Park, Maywood, Vernon and the Los Angeles County Flood
Control District(FCD), (hereinafter collectively referred to as the Watershed Permittees) for
administration and cost sharing to prepare and implement a Watershed Management Program
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Special City Council Meeting Agenda
December 9, 2014
(WMP) Plan and Coordinated Integrated Monitoring Program (CIMP) Plan as required by the
Regional Water Quality Control Board, Los Angeles Region(Regional Board),National
Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System
(MS4) Permit Order No. R4-2012-0175. The City of Vernon's proportional share of costs of
implementing the WMP Plan and CIMP Plan and other related costs to be incurred in accordance
with the cost share formulas in Exhibit A2 of this First Amendment of the MOU for an annual
not-to-exceed amount of$100,000 per year per Watershed Permittee. The term of the First
Amendment to the MOU is through December 31, 2019.
22. CNS Engineers, Inc., Contract Amendment No. 6 for the Atlantic Blvd. Bridge Rehabilitation
and Widening Project, Contract No. CS-0099.
Recommendation:
(1) Find that the approval of the proposed amendment is within the Initial Study/Mitigated Negative
Declaration prepared for this project pursuant to the provisions under the California
Environmental Quality Act("CEQA") in accordance with Section 15063.
(2) Approve Contract Amendment No. 6, in substantially the same form as submitted with the staff
report, for the Atlantic Blvd. Bridge Rehabilitation and Widening Project, Federal Project No.
DBPL02-5139(010), Contract No. CS-0099, authorizing CNS Engineers, Inc., to provide the
additional engineering design, right of way acquisition support and coordination services as
described below for the additional cost of$228,627.58, increasing the total contract cost to
$1,485,894.42, and authorize staff to proceed with the right of way acquisitions for the project.
23. Ratify the Issuance of a Notice Inviting Bids for Contract CS-0522—to Furnish and install one
new 300KW Cummins Diesel Power Generator.
Recommendation:
(1) Find that the ratification of the issuance of a Notice Inviting Bids, as proposed is exempt under
the California Environmental Quality Act ("CEQA") in accordance with Section 15302 (C),
because the proposed contract consists of the replacement or reconstruction of existing utility
systems and/or facilities involving negligible or no expansion of capacity; and
(2) Ratify the issuance of a Notice Inviting Bids for Contract CS-0522 to furnish and install one new
300KW Cummins Diesel Power Generator.
24. Approval of a Cooperative Agreement for the Metro Rapid Bus Station Implementation project
between the City of Vernon and the Los Angeles County Metropolitan Transportation Authority
("Metro Rapid Bus Shelter Funding Agreement").
Recommendation:
(1) Find that the approval of the proposed Cooperative Agreement is exempt under the California
Environmental Quality Act("CEQA") in accordance with Section 15301, Existing Facilities,
part(c), existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails and
similar facilities; and
(2) Authorize the City Administrator to execute the Cooperative Agreement for the Metro Rapid Bus
Station Implementation project between the City of Vernon and the Los Angeles County
Metropolitan Transportation Authority(the "Agreement"), in substantially the same form as
submitted with the staff report. The Agreement would authorize the Los Angeles County
Page 7 of 9
Special City Council Meeting Agenda
December 9, 2014
Metropolitan Transportation Authority to install Metro Rapid station amenities at ten(10) Metro
Rapid stop locations within the City's boundaries at no cost to the City.
25. Authorize the Mayor to Send a Letter to the Los Angeles Metropolitan Transportation Authority
Stating the City of Vernon's Preferred Alignment for the West Santa Ana Branch Transit
Corridor Project.
Recommendation:
(1) Find that the mailing of a letter to the Los Angeles Metropolitan Transportation Authority
(Metro)regarding the City's preferred alignment for the West Santa Ana Branch Transit
Corridor Project is exempt under the California Environmental Quality Act("CEQA") in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that
may have an effect on the environment. Additionally, an Environmental Impact Report will be
prepared by Metro prior to the commencement of construction of the project.
(2) Authorize the Mayor to execute a letter to the Los Angeles Metropolitan Transportation
Authority advising that the City Council has determined that the City of Vernon's preferred
northern alignment for the West Santa Ana Branch Transit Corridor Project is along the Metro
Blue line corridor from Randolph Street to Washington Blvd., and that if an alignment is selected
through Vernon that it shall be fully grade separated.
DISCUSSION ITEM AND POSSIBLE DIRECTIVES TO STAFF
26. Presentation by the Director of Public Works on proposed zoning amendments. It is
recommended that the presentation be received and filed and that City Council provide staff
with guidance on the proposed zoning amendments and on any further modifications to the
Zoning Ordinance that should be considered.
ORAL REPORTS
27. City Administrator Reports—brief reports on activities and other brief announcements by the City
Administrator and Department Heads.
28. City Council Reports—brief report on activities, announcements, or directives to staff.
CLOSED SESSION
29. CONFERENCE WITH LEGAL COUNSEL -EXISTING LITIGATION.
Government Code Section 54956.9(d)(1)
Dispute with LA County regarding Property Tax Administration Fees (PTAF)
Page 8 of 9
Special City Council Meeting Agenda
December 9, 2014
30. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Designated Representative: Teresa McAllister, Director of Human Resources
Unrepresented Employee: City Administrator
ADJOURNMENT
Special Agenda Authorized by the City Council of the City of Vernon
By:
W. Michael McCormick, Mayor
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was
posted on the bulletin board at the main entrance of the City of Vernon City Hall, located at 4305 Santa Fe
Avenue, Vernon, California, and on the City's website, not less than 24 hours prior to the meeting set forth on
this agenda. Dated this Pt day of December 2014.
By:
Ana Barcia
Deputy City Clerk
Page 9 of 9
n
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 6 months after the occurrence. (Gov. Code Sec. 911.2) RECEIVED
,r+C l� a
2. Claims for damages to real property and/or breach of contract must be G v G 1
filed not later than 1 year after the occurrence(Gov. Code Sec. 911.2)
3. Read entire claim belora filing. NOV 10 2014
4. See page 2 for diagram upon which to locate place of accident. CLEWSOFFICE
5. This claim form must be signed on page 2 at bottom. CITY S. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET
7. Claim must be filed with City Clerk(Gov. Code Sec 915a)
TO. CITY OF VERNON CITY COUNCIL 11
Name of Claimant Age of Claimant (if natural person)
Home Talachnna
Business Tele hone Number
Give address to whicMyoudd re notices or communications to be sent regarding this claim:
Hare did DAMAGE o INJURY occur'? Gtve full particulars. t' �? V- o,,s r I t Ln ����, try i
'%0C3Y-V r''V�"1 b')0L.9 r� V1/\ o - �h ��
--k-V)e—V OGje/- a"v'�A A RLA l' el-A r U S'j2 tine- 0'- 0, Y S �-
> j .� �iJ� S I l LSD 1�L z t ti t—b_f Of
When did DAMAGE or INJURY occur? Give full particulars, date, time of day:�,,',
v � X Yi-rPiUl, l-c, r (�t7r1S �uz.�.:l�- o
Where did DAMAGE or INJURY occur? Describe fully,and locate on diagram on reverse side of this sheet,'where approximate,
give street names and address and measurements from landmarks:
92
What particularACT or OMISSION do you claim caused the injury or damage? Give names of City employees causing the injury
or damage, if knawn: .��C�y y _ � t,�r��`,� , .r� �UG�
S ` l i Ly14 �G{ r� ' Lfe?— vPe%":E
� y t.l� ��'� °� {v know
What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed: '
Veeo-(-k- a4fzaC+L'aC4
What AMOUNT do you claim of each item of injury or damage as of date of presentation of this claim,giving basis of computation:
Give ESTIMATED AMOUNT as far as known you claim on accou each item of prospective injury or damage,giving basis of
computation:
M ,
Insurance payments received, if any, and name of Insurance Company:
Expenditures made on account of accident or injury (Date — Item) (Amount)
Name and address of Witnesses, Doctors and Hospitals:
READ CAREFULLY
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"IT' 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"B•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
71\ \
FOR OTHER ACCIDENTS
{-U tom.i✓
SIDEW K,.�OiJ (S�.r1kr izi))0b�0 i
CURB n
Cn1�� ! CURBS
PARKWAY sn
SIDEWALK
Z
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Signature of Claimant or person filin on his behalf, giving Typed Name: Date:
relationship to Cl nl:
NOTE: All claimants maybe required to be examined as to their claim under oath. Presentation of a raise claim is a felony.
CLAIMS MUST BE FILED WITH CITY CLERK (GOV. CODE SEC. 915a).
BELLWOOD � BELLWOOD AUTO BODY Workfile ID: 4a885b50
Federal ID: 33-0268756
v,be lwoodautobody"cam Because you drive home our reputation State EPA: CAL000220053
4625 GAGE AVE, BELL, CA 90201 BAR: AK2129802
Phone: (323) 771-3429
Preliminary Estimate
Customer: BERNAL, EDGAR
Written By: Daniel Jimenez
Insured: BERNAL, EDGAR Policy#: Claim#:
Type of Loss: Date of Loss: Days to Repair: 0
Point of Impact:
Owner: Inspection Location: Insurance Company:
BERNAL, EDGAR BELLWOOD AUTO BODY
4625 GAGE AVE
BELL,CA 90201
Repair Facility
(323)771-3429 Business
VEHICLE
Body Style: 4D SED VIN: 2C3KA53G77H745057 Mileage In:
Wke: "--.riRY Engine: 6-3.5L-HO License: Mileage Out:
6 i dJ t. 300 LIMITED Production Date: State: Vehicle Out:
' I.;r Int: Condition: Job#:
TRANSMISSION Body Side Moldings Parking Sensors 4 Wheel Disc Brakes
Automatic Transmission Console/Storage Home Link SEATS
Overdrive CONVENIENCE RADIO Bucket Seats
POWER Air Conditioning AM Radio Leather Seats
Power Steering Intermittent Wipers FM Radio WHEELS
i
Power Brakes Tilt Wheel Stereo Aluminum/Alloy Wheels
Power Windows Cruise Control Search/Seek PAINT
Power Locks Rear Defogger CD Player Clear Coat Paint
Power Mirrors Keyless Entry Auxiliary Audio Connection OTHER
Heated Mirrors Alarm Satellite Radio Fog Lamps
Power Driver Seat Message Center SAFETY Traction Control
Power Adjustable Pedals Steering Wheel Touch Controls Drivers Side Air Bag Stability Control
DECOR Telescopic Wheel Passenger Air Bag Power Trunk/Gate Release
Dual Mirrors Climate Control Anti-Lock Brakes(4)
11/5/2014 9:10:19 AM 011724 Page 1
Preliminary Estimate
Customer: BERNAL, EDGAR
Vehicle: 2007 CHRY 300 LIMITED 4D SED 6-3.5L-HO
Line Oper Description Part Number Qty Extended Labor Paint
Price$
1 # FULL UNDO .;E DETAIL 1 350.00
2 FENDER
3 Repl LT Fender liner 5065503AD 1 93.10 0.3
4 Repl RT Fender liner 5065502AD 1 93.10 0.3-
5 Rep] LT Fender liner retainer 6506132AA 7 31.15
6 Repl RT Fender liner retainer 6506132AA 7 31.15
7 QUARTER PANEL
8 Repl LT Wheelhouse liner 5065221AD 1 81.00 0.4
9 Repl RT Wheelhouse liner 5065220AC 1 81.00 0.4
10 Repl LT Wheelhouse liner fastener 4860379AA 8 35.60
11 Repl RT Wheelhouse liner fastener 4860379AA 8 35.60
12 RADIATOR SUPPORT I
13 Repl Underbody shield w/o SRT8 4806104AE 1 83.25 0.3
SUBTOTALS 914.95 1.7 0.0
ESTIMATE TOTALS
Category Basis Rate Cost$
Parts 564.95
Body Labor 1.7 hrs @ $50.00/hr 85.00
Miscellaneous 350.00
Subtotal 999.95
Sales Tax $564.95 @ 9.0000% r>. S
Grand Total
Deductible `0 �
CUSTOMER PAY :Sit
INSURANCE PAY 1sD50 P
S
<Li?N
11/5/2014 9:10:19 AM 011724 -Y Fr 2
Preliminary Estimate
ustamer: BERNAL, EDGAR
Vehicle: 2007 CHRY 300 LIMITED 4D SED 6-3.5L-HO
FOR YOUR PROTECTION CALIFORNIA LAW REQUIRES THE FOLLOWING TO APPEAR ON THIS FORM: ANY PERSON
WHO KNOWINGLY PRESENTS FALSE OR FRAUDULENT CLAIM FOR THE PAYMENT OF A LOSS IS GUILTY OF A CRIME
AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN STATE PRISON.
THE FOLLOWING IS A LIST OF ABBREVIATIONS OR SYMBOLS THAT MAY BE USED TO DESCRIBE WORK TO BE
DONE OR PARTS TO BE REPAIRED OR REPLACED:
MOTOR ABBREVIATIONS/SYMBOLS: D=DISCONTINUED PART, A=APPROXIMATE PRICE. LABOR TYPES: B=BODY
LABOR, D=DIAGNOSTIC, E=ELECTRICAL, F=FRAME, G=GLASS, M=MECHANICAL, P=PAINT LABOR,
S=STRUCTURAL, T=TAXED MISCELLANEOUS, X=NON TAXED MISCELLANEOUS. PATHWAYS: ADJ=ADJACENT,
ALGN=ALIGN, A/M=AFTERMARKET, BLND=BLEND, CAPA=CERTIFIED AUTOMOTIVE PARTS ASSOCIATION,
D&R=DISCONNECT AND RECONNECT, EST=ESTIMATE, EXT. PRICE=UNIT PRICE MULTIPLIED BY THE QUANTITY,
INCL=INCLUDED, MISC=MISCELLANEOUS, NAGS=NATIONAL AUTO GLASS SPECIFICATIONS, NON-ADJ=NON
ADJACENT, 0/H=OVERHAUL, OP=OPERATION, NO=LINE NUMBER, QTY=QUANTITY, RECOND=RECONDITION,
REFN=REFINISH, REPL=REPLACE, R&I=REMOVE AND INSTALL, R&R=REMOVE AND REPLACE, RPR=REPAIR,
RT-:RIGHT, SECT=SECTION, SUBL=SUBLET, LT=LEFT, W/O=WITHOUT, W/_=WITH/_ SYMBOLS: #=MANUAL LINE
=OTHER [IE..MOTORS DATABASE INFORMATION WAS CHANGED], **=DATABASE LINE WITH
AF.,::PVA1 KET, N=NOTES ATTACHED TO LINE. OPT OEM=ORIGINAL EQUIPMENT MANUFACTURER PARTS EITHER
DT-LuNALLY SOURCED OR OTHERWISE PROVIDED WITH SOME UNIQUE PRICING OR DISCOUNT.
1
I
i
i.
11/5/2014 9:10:19 AM 011724 Page 3
Preliminary Estimate
Customer: BERNAL, EDGAR
Vehicle: 2007 CHRY 300 LIMITED 4D SED 6-3.5L-HO
Estimate based on MOTOR CRASH ESTIMATING GUIDE. Unless otherwise noted all items are derived from the Guide
DR3NW05, CCC Data Date 11/3/2014, and the parts selected are OEM-parts manufactured by the vehicles Original
Equipment Manufacturer. OEM parts are available at OE/Vehicle dealerships. OPT OEM (Optional OEM) or ALT OEM
(Alternative OEM) parts are OEM parts that may be provided by or through alternate sources other than the OEM
vehicle dealerships. OPT OEM or ALT OEM parts may reflect some specific, special, or unique pricing or discount.
OPT OEM or ALT OEM parts may include "Blemished" parts provided by OEM's through OEM vehicle dealerships.
Asterisk (*) or Double Asterisk (**) indicates that the parts and/or labor information provided by MOTOR may have
been modified or may have come from an alternate data source. Tilde sign (—) items indicate MOTOR Not-Included
Labor operations. The symbol (<>) indicates the refinish operation WILL NOT be performed as a separate. prq; P_0t4f._
from the other panels in the estimate. Non-Original Equipment Manufacturer aftermarket parts are described .?io^
OEM or A/M. Used parts are described as LKQ, RCY, or USED. Reconditioned parts are described as Recond.
Recored parts are described as Recore. NAGS Part Numbers and Benchmark Prices are provided by Nationai auto
Glass Specifications. Labor operation times listed on the line with the NAGS information are MOTOR suggested labor
operation times. NAGS labor operation times are not included. Pound sign (#) items indicate manual entries.
Some 2015 vehicles contain minor changes from the previous year. For those vehicles, prior to receiving updated
data from the vehicle manufacturer, labor and parts data from the previous year may be used. The CCC ONE
estimator has a complete list of applicable vehicles. Parts numbers and prices should be confirmed with the local
dealership.
The following is a list of additional abbreviations or symbols that may be used to describe work to be done or parts to
be repaired or replaced:
SYMBOLS FOLLOWING PART PRICE:
m=MOTOR Mechanical component. s=MOTOR Structural component. T=Miscellaneous Taxed charge category.
X=Miscellaneous Non-Taxed charge category.
SYMBOLS FOLLOWING LABOR:
D=Diagnostic labor category. E=Electrical labor category. F=Frame labor category. G=Glass labor category.
M=Mechanical labor category. S=Structural labor category. (numbers) 1 through 4=User Defined Labor CategoriLS,
OTHER SYMBOLS AND ABBREVIATIONS:
Adj.=Adjacent. Algn.=Align. ALU=Aluminum. A/M=Aftermarket part. Bind=Blend. BOR=Boron steel.
CAPA=Certified Automotive Parts Association. D&R=Disconnect and Reconnect. HSS=High Strength Steel.
HYD=Hydroformed Steel. Incl.=Included. LKQ=Like Kind and Quality. LT=Left. MAG=Magnesium. Non-Ad .=N0r,
Adjacent. NSF=NSF International Certified Part. O/H=Overhaul. Qty=Quantity. Refn=Refinish. Repl=Repi ace.
R&I=Remove and Install. R&R=Remove and Replace. Rpr=Repair. RT=Right. SAS=Sandwiched Steel.
Sect=Section. Subl=Sublet. UHS=Ultra High Strength Steel. N=Note(s) associated with the estimate line.
CCC ONE Estimating - A product of CCC Information Services Inc.
The following is a list of abbreviations that may be used in CCC ONE Estimating that are not part of the MOTOR
CRASH ESTIMATING GUIDE:
BAR=Bureau of Automotive Repair. EPA=Environmental Protection Agency. NHTSA= National Highway
Transportation and Safety Administration. PDR=Paintless Dent Repair. VIN=Vehicle Identification Number.
11/5/2014 9:10:19 AM 011724 Page 4
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY,NOVEMBER 4, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano
MEMBERS ABSENT: Martinez
The meeting was called to order at 9:00 a.m. by Mayor McCormick; Mayor McCormick led the
flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. The public will also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
No one responded.
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 3-0.
Claims Against the City—Received and Filed
1. None.
Minutes—To be Received and Filed
2. Minutes of the Regular City Council Meeting held on October 21, 2014.
Warrant Registers
3. Approval of City Warrant Register No. 1411,totaling $1,562,120.48,which covers
the period of October 14,through October 27, 2014, and consists of the following:
a. Ratification of wire transfers totaling $1,118,862.06; and
b. Ratification of the issuance of early checks totaling $263,383.28; and
c. Authorization to issue pending checks totaling $179,875.14.
4. Approval of Light& Power Warrant Register No. 376, totaling $5,672,646.61,
which covers the period of October 14,through October 27, 2014, and consists of
the following:
a. Ratification of wire transfers totaling $5,555,711.09; and
b. Ratification of the issuance of early checks totaling $64,977.41; and
c. Authorization to issue pending checks totaling $51,958.11.
5. Approval of Gas Warrant Register No. 164, totaling $24,277.56,which covers the
period of October 14, through October 27, 2014, and consists of the following:
a. Ratification of issuance of early checks totaling $18,413.55; and
b. Authorization to issue pending checks totaling $5,864.01.
Regular City Council Meeting Minutes
November 4, 2014
Fire Department
6. Activity Report for the period of October 1, through October 15, 2014, to be
received and filed.
Police Department
7. Activity Log and Statistical Summary of Arrests and Activities for the period of
October 1,through October 15, 2014, to be received and filed.
NEW BUSINESS
City Administration Department
8. Appointments to the Vacant Legislative and City Council Seats on the Vernon
CommUNITY Fund Grant Committee:
Recommendation:
(1) Find that the appointment of individuals to serve on the Vernon CommUNITY
Fund Grant Committee is exempt under the California Environmental Quality Act
("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
(2) Appoint Lawrence Cooper to fill the vacant Legislative seat on the Vernon
CommUNITY Fund Grant Committee; and
(3) Appoint a current City Council member to fill the vacant City Council seat on the
Vernon CommUNITY Fund Grant Committee.
Mayor McCormick recommended the appointment of Lawrence Cooper to fill the vacant
Legislative seat and Mayor Pro-Tem Davis to fill the vacant City Council seat on the Vernon
CommUNITY Fund Grant Committee.
Independent Reform Monitor John Van de Kamp expressed the importance of Cooper being
knowledgeable in terms of input on the City. He also wanted to make sure Cooper was
committed to attending each meeting in person despite living in Sacramento.
It was moved by Maisano and seconded by Davis to approve the appointments. Motion carried,
3-0.
9. Appointments to the Inaugural Vernon Business and Industry Commission:
Recommendation:
(1) Find that the appointment of individuals to serve on the Vernon Business and
Industry Commission is exempt under the California Environmental Quality Act
("CEQA") in accordance with Section 15061(b)(3), the general rule that CEQA
only applies to projects that may have an effect on the environment; and
(2) Appoint seven individuals to serve on the Vernon Business and Industry
Commission for terms commencing July 1, 2014. Pursuant to Section 2.174 of
the Vernon Municipal Code, Appointment of Members, the seven-member
Commission shall include: three individuals, each of whom represents the owner
or operator of a business located in Vernon; two individuals, each of whom has
knowledge of the Vernon real estate market; one individual who is employed by a
business located in Vernon or who is a member of a labor union that represents
the workers at a business located in Vernon; and one current member of the
Vernon City Council; and
(3) Designate three of the seven individuals to serve an initial term of two years,
ending June 30, 2016. The remaining four individuals shall serve a standard four-
year term, ending June 30, 2018. Pursuant to Section 2.175.1 of the Vernon
Municipal Code, Creation of Staggered Terms, the three members of the
Commission designated to serve an initial two-year term shall be one from each
of the following categories: one individual who represents the owner or operator
of a business located in Vernon; one individual who has knowledge of the Vernon
Page 2 of 5
Regular City Council Meeting Minutes
November 4, 2014
real estate market; and one current member of the Vernon City Council. The
remaining four members designated to serve a standard four-year term shall fill in
the remaining positions.
Deputy City Administrator Kristen Enomoto conducted the oral report on the recommendation.
The following table was utilized at the meeting to record the appointments and term designations
made by the City Council at said meeting:
Commission Member Name Appointment Category Term End Date
Robert Wendoll Business Representative June 30, 2016
Eric Gustafson Business Representative June 30, 2018
Douglas Pittman Business Representative June 30, 2018
John McMillan Real Estate Representative June 30, 2016
Brett Dedeaux Real Estate Representative June 30, 2018
Stan Stosel Employee/Labor Representative June 30, 2018
W. Michael McCormick City Council Representative June 30, 2016
It was moved by Davis and seconded by Maisano to approve the appointments. Motion carried,
3-0.
Gas and Electric Department
10. Approval of a Professional Services Agreement with Port Canaveral Power
Consultants Inc. for Energy Projects Consultant Services:
Recommendation:
(1) Find that awarding the agreement is exempt under the California Environmental
Quality Act("CEQA") in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment;
and; and
(2) Approve the Professional Services Agreement with Port Canaveral Power
Consultants, Inc. ("Port Canaveral"), in substantially the same form as attached to
the staff report, for the purpose of securing Energy Projects Consultant Services.
The proposed contract would include a grand total compensation amount"not-to-
exceed" $780,000 over the three year term of the agreement.
Director of Gas and Electric Carlos Fandino reported on the recommendation and requirements.
It was moved by Davis and seconded by Maisano to approve the agreement with Port Canaveral
Consultants Inc. Motion carried, 3-0.
Human Resources Department
11. Resolution No. 2014-68 -A Resolution of the City Council of the City of Vernon
Adopting the Citywide Fringe Benefits and Salary Resolution and Repealing All
Resolutions in Conflict Therewith.
Recommendation:
(1) Find that approval of the resolution proposed in this staff report is exempt under
the California Environmental Quality Act ("CEQA") in accordance with Section
15061(b)(3), the general rule that CEQA only applies to projects that may have an
effect on the environment; and
(2) Adopt the attached Citywide Fringe Benefits and Salary Resolution effective
November 4, 2014, to reflect provisions as outlined in the staff report.
Director of Human Resources Teresa McAllister reported on the details and fringe benefits that
will be affected and noted that the fiscal year impact will be $10,710 and is already included in
the fiscal year 2014-2015 budget.
Page 3 of 5
Regular City Council Meeting Minutes
November 4, 2014
Independent Reform Monitor John Van de Kamp inquired if the changes will have a potential
long term debt on payouts.
Finance Director William Fox explained that with the recommended changes, the City will not
make as many payouts and the City's cash flow will be covered.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2014-68. Motion
carried, 3-0.
ORDINANCES
12. ORDINANCE NO. 1226 -An Ordinance of the City Council of the City of Vernon
amending Chapter 12 of the Vernon Municipal Code and repealing all ordinances
or parts of ordinances in conflict therewith. (second reading)
Recommendation:
(1) Find that approval, and subsequent adoption, of the proposed ordinance is exempt
under the California Environmental Quality Act (CEQA) in accordance with
CEQA Guidelines sections [a] 15061(b) (3), the general rule that CEQA only
applies to projects that may have an effect on the environment.
(2) Adopt the proposed Ordinance amending Chapter 12 of the Vernon Municipal
Code regarding Waste Management and Recycling.
Mayor McCormick announced proposed Ordinance No. 1226 by title.
Director of Health and Environmental Control Leonard Grossberg noted no changes to the
proposed ordinance since its introduction at the last City Council meeting and briefly reported on
the ordinance and non-exclusive franchise agreement.
It was moved by Davis and seconded by Maisano to adopt Ordinance No. 1226. A roll-call vote
was taken:
Councilmember Maisano, yes
- Mayor Pro Tem Davis, yes
Mayor McCormick, yes
Motion to adopt Ordinance No. 1226 carried, 3-0.
ORAL REPORTS
13. City Administrator Reports—brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
14. City Council Reports—brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on officers' responses to recent incidents.
Police Captain Gillman reported that there were no reports of vandalism.
Fire Chief Michael Wilson announced the blood drive event for the Children's Hospital of Los
Angeles on November 13, 2014, updated the Council on the firefighter recruitment, and advised
that there had been several false positive Ebola reports in Los Angeles County. Fire personnel
are undergoing Ebola exercises to be able to handle the situation countywide.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on the Storm Drain Project and also updated Council on the South Coast Air Quality
Management District"AQMD"hearing regarding the generator at City Hall which has been
found to be too close in proximity to the elementary school.
Director of Gas and Electric Carlos Fandino gave a PowerPoint presentation on the 66kV
Grounding Project and informed Council that the Black Start Testing Project has been completed
Page 4 of 5
Regular City Council Meeting Minutes
November 4, 2014
and that there are now procedures in place. He also provided an updated on the $6.5 million
penalty fine that may be imposed on the City, due to the City's non-compliance with Bucket One
renewable portfolio standards for the first compliance period.
Finance Director William Fox thanked Human Resources Director, Teresa McAllister and the
Council for the City's recent Halloween festivities. He then reported to the Council that the
annual audit has been completed and that the findings and statistics will be addressed at a future
meeting. He also informed the Council on the bond refunding and request for proposals process.
Director of Health and Environmental Control Leonard Grossberg advised that the City of
Vernon website has informative documents and updates on the Ebola virus.
Director of Human Resources Teresa McAllister thanked all department heads, employees and
Council for participating in the Halloween event. She announced that open enrollment
commenced on November 3, 2014, and that there were no changes to the plans. The tentative
date for the City's holiday event is December 18, 2014.
Economic Development Manager/Successor Agency Staff Alex Kung advised that the November
Oversight Board of the Successor agency meeting is cancelled; the next meeting is scheduled for
December 4, 2014. He also gave a brief update on the recognized obligation payment schedule
"ROPS".
City Administrator Mark Whitworth announced that the Vernon Quarterly publication is now
available and that there has been positive feedback on the City's legal group. He also updated
the Council on the Jawbone trip scheduled for December 17, 2014, for City officials to learn
more about the area in Kern County that is being developed. He also updated Council on the
Exide meeting that was held on October 29, 2014, and the efforts Exide has made to meet Air
Quality Management District standards.
Independent Reform Monitor John Van de Kamp inquired how Vernon Gas &Electric plans to
handle potential litigation if the $6.5 million fine is imposed. In response, Vernon Gas &
Electric Director Carlos Fandino informed Van de Kamp and the Council that the bill is currently
being monitored and that it is not directly impacting the City. He also informed him that City
Attorney Hema Patel will be made aware of all future developments pertaining to this issue and
that the City has support from both Southern California Public Power Authority"SCPPA" and
the California Municipal Utilities Association"CMUA."
With no further business, at 10:06 a.m., Mayor McCormick adjourned the meeting.
W. Michael McCormick
Mayor
ATTEST:
Ana Barcia
Deputy City Clerk
Page 5 of 5
MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD MONDAY,NOVEMBER 17, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Martinez
MEMBERS ABSENT: Maisano
The meeting was called to order at 7:00 a.m. by Mayor McCormick. Mayor McCormick
announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. No one responded.
REAL PROPERTY STUDY SESSION
Pursuant to California Government Code Section 54954(b)(2),the City of Vernon City
Council participated in a special meeting field trip to inspect real property which cannot be
conveniently brought within the boundaries of the City.
1. Field trip to Jawbone Canyon for the purpose of inspecting real property. No
action will be taken at any location. Members of the public wishing to accompany
the City Council on this tour were provided contact information and given an
opportunity to join the tour.
ITINERARY
(Please note, this is an approximation of the time,
the City did not provide transportation accommodations)
7:00 a.m. - City Hall, 4305 Santa Fe Avenue, Vernon CA 90058
9:30 a.m. - Jawbone Canyon Ranger Station
28111 Jawbone Canyon Road, Mojave, CA 93519
10:45 a.m. - NextEra Site
11:15 a.m. - Environmental Station
11:30 a.m. - Los Angeles Department of Water and Power Project Facilities
12:00 p.m. - Lunch Break
1:30 p.m. - Mojave Solar Farm
The City Council, staff, and two members of the public participated in the trip to Jawbone
Canyon.
With no further business, at 2:05 p.m., the meeting was adjourned.
W. Michael McCormick, Mayor
ATTEST:
Ana Barcia, Deputy City Clerk
MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE
CITY OF VERNON HELD TUESDAY,NOVEMBER 18, 2014, IN THE
COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305
SANTA FE AVENUE, VERNON, CALIFORNIA
MEMBERS PRESENT: McCormick, Davis, Maisano, Martinez
MEMBERS ABSENT: None
The meeting was called to order at 9:00 a.m. by Mayor McCormick; Mayor Pro-Tem Davis led
the flag salute.
CHANGES TO THE AGENDA
Mayor McCormick announced that there are no changes to the agenda.
PUBLIC COMMENT
Mayor McCormick announced that this was the time allotted for public comment, and inquired
whether anyone in the audience wished to address the City Council. The public will also be
given an opportunity to comment on matters on the posted agenda during Council deliberation.
No one responded.
PRESENTATIONS
1. Personnel Matters - Service Pin Awards
October 2014 Anniversary
Employee Name Job Title Years
1. Armando Hinojos Utilities Dispatcher 20
Director of Human Resources Teresa McAllister reported on the years of service. Mayor
McCormick presented Hinojos with the service pin.
2. Merit award to Vernon Police Officer Jose Ramos for his efforts in crime scene
investigations.
Police Chief Daniel Calleros reported on the incident and on Officer Ramos efforts to solve the
crime. Mayor McCormick presented Officer Ramos with a plaque in recognition of his efforts.
3. City of Vernon 1st Quarter 2014-2015 Financial Update by the Finance Director.
Director of Finance William Fox conducted the presentation on the first quarter financial results
for fiscal year 2014-2015 including the investments portfolio, PERS pension funding, and bond
funding.
In response to Independent Reform Monitor John Van de Kamp, Fox explained potential liability
concerning PERS pension funding.
CONSENT CALENDAR
It was moved by Davis and seconded by Maisano to approve all matters listed under the Consent
Calendar under one motion. Motion carried, 4-0.
Claims Against the City—Received and Filed
4. None.
Regular City Council Meeting Minutes
November 18, 2014
Warrant Registers
5. Approval of City Payroll Warrant Register No. 701, totaling $3,997,153.87, which
covers the period of October 1, through October 31, 2014, and consists of the
following:
a. Ratification of direct deposits, checks and taxes totaling $2,925,299.41; and
b. Checks and electronic fund transfers totaling $1,071,854.46.
6. Approval of City Warrant Register No. 1412, totaling $679,269.34, which covers
the period of October 28, through November 11, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $364,913.43; and
b. Ratification of the issuance of early checks totaling $185,107.12; and
c. Authorization to issue pending checks totaling $129,248.79.
7. Approval of Light & Power Warrant Register No. 377, totaling $3,155,256.53,
which covers the period of October 28, through November 11, 2014, and consists of
the following:
a. Ratification of wire transfers totaling $3,109,793.81; and
b. Ratification of the issuance of early checks totaling $286.18; and
c. Authorization to issue pending checks totaling $45,176.54.
8. Approval of Gas Warrant Register No. 165, totaling $2,199,316.07,which covers
the period of October 28, through November 11, 2014, and consists of the
following:
a. Ratification of wire transfers totaling $2,199,211.07; and
b. Authorization to issue pending checks totaling $105.00.
Fire Department
9. Activity Report for the period of October 16, through October 31, 2014, to be
received and filed.
Health and Environmental Control Department
10. October 2014 Monthly Report, to be received and filed.
Police Department
11. Activity Log and Statistical Summary of Arrests and Activities for the period of
October 16, through October 31, 2014, to be received and filed.
Public Works, Water and Development Services Department
12. Building Department Report for the month of October 2014, to be received and
filed.
13. Acceptance of Work of All American Asphalt regarding Contract No. CS-0487—
Labor and Equipment for Placement of Type II (REAS) Slurry Seal for the City
Rubberized Slurry Seal Phase III Project.
Recommendation:
(1) Find that this project and acceptance of the project work as proposed is
categorically exempt under the California Environmental Quality Act ("CEQA")
in accordance with Section 15301, Existing Facilities, part (c), existing highways
and streets, because the project is merely to repair existing streets; and
Page 2 of 7
Regular City Council Meeting Minutes
November 18, 2014
(2) Accept the work of All American Asphalt, for the Labor and Equipment for
Placement of Type II (REAS) Slurry Seal Project, Contract No. CS-0487.
14. Acceptance of Work of Petrochem Manufacturing, Inc. regarding Contract No.
CS-0025—Supply and Delivery of Slurry Material for the Citywide Rubberized
Slurry Seal, Phase III Project.
Recommendation:
(1) Find that this project and acceptance of the project work as proposed is
categorically exempt under the California Environmental Quality Act("CEQA")
in accordance with Section 15301, Existing Facilities,part(c), existing highways
and streets,because the project is merely to repair existing streets; and
(2) Accept the work of Petrochem Manufacturing, Inc., for the Supply and Delivery
of Slurry Material, in accordance with Contract No. CS-0025.
15. Acceptance of the Electrical Easement by Dedeaux Properties, LLC for property
located at 3305 Bandini Boulevard.
Recommendation:
(1) Find that the acceptance of the proposed Electrical Easement is categorically
exempt under the California Environmental Quality Act("CEQA") in accordance
with CEQA Guidelines Section 15061(b) (3), the general rule that CEQA only
applies to projects that may have an effect on the environment; and
(2) Accept the Electrical Easement, and authorize the Mayor to execute said
document.
NEW BUSINESS
City Administration Department
16. Report on Docket I Grants Awarded by Vernon CommUNITY Fund Grant
Committee; to be received and filed pursuant to Section 2.167(e) of the Vernon
Municipal Code.
Deputy City Administrator Kristen Enomoto reported on the Vernon CommUNITY Fund Grant
Committee ("VCF") meeting, and the approval and award of grant funds for applicants on
Docket I as recommended.
Enomoto noted that the report is a"receive and file" item, and that future reporting will be
captured in the Consent Calendar.
In response to Independent Reform Monitor John Van de Kamp, City Administrator Mark
Whitworth confirmed that sufficient funds have been allocated in the current budget for the
awarding of grants.
In further response to Van de Kamp's inquiries on how the City is publicizing the awarding of
the grants, Whitworth explained that the City has a mechanism in place to allow for branding
opportunities.
It was moved by Martinez and seconded by Davis to receive and file the report. Motion carried,
4-0.
17. Approval of Vernon CommUNITY Fund Grant Agreement Template.
Recommendation:
(1) Find that approval of the proposed Vernon CommUNITY Fund Grant Agreement
template is exempt under the California Environmental Quality Act("CEQA") in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to
projects that may have an effect on the environment; and
(2) Approve the proposed Vernon CommUNITY Fund Grant Agreement template to
be used for all grants awarded by the Vernon CommUNITY Fund Grant
Page 3 of 7
Regular City Council Meeting Minutes
November 18, 2014
Committee and authorize the City Administrator, or his designee, to complete
and/or modify the agreement consistent with the direction of the Grant
Committee, and to execute each agreement.
Deputy City Administrator Kristen Enomoto reported on the Vernon CommUNITY Fund Grant
Agreement template. Enomoto noted that the agreement provides the City with the opportunity
to specify branding on a case by case basis.
Additionally, in response to Independent Reform Monitor John Van de Kamp's concerns at the
previous meeting concerning Committee Member Lawrence Cooper, Enomoto advised that a
response from the Senator's Office had been received addressing these concerns.
18. Agreement with Fred MacFarlane for Strategic Consulting Services and to Serve
as Senior Advisor to the City Administrator.
Recommendation:
(1) Find that approval of the proposed agreement is exempt from the California
Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Authorize the City Administrator to enter into a new consulting services
agreement with Fred MacFarlane, in substantially the same form as submitted
with the staff report, for a term of three years, December 1, 2014 through
November 30, 2017, at a total not to exceed cost of$480,000 and not to exceed
$160,000 per year, for strategic consulting services and to serve as Senior Advisor
to the City Administrator. Competitive bidding is not required for this
professional services contract pursuant to Section 2.17.12(A)(10) of the Vernon
Municipal Code. It is requested that the City Council grant an exemption from
the competitive selection process,pursuant to Section 2.17.12(B)(2) of the
Vernon Municipal Code, based upon a determination that the best interests of the
City are served by a direct award of the contract without a competitive selection
process, for the reasons set forth in the staff report.
City Administrator Mark Whitworth conducted the oral report on the recommendation. He noted
that there is no change in fees from the previous agreement.
It was moved by Maisano and seconded by Davis to approve the agreement with Fred
MacFarlane for Strategic Consulting Services and to serve as Senior Advisor to the City
Administrator. Motion carried, 4-0.
19. Approval of the 1st Amendment to the Purchase and Sales Agreement for property
located at 5119, 5201 and 5241 District Blvd and 4601 East 52nd Drive
(Thermador).
Recommendation:
(1) Find that approval of the proposed 1 st amendment is exempt from the California
Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Approve the 1 st Amendment to the Purchase and Sales Agreement for the
property located at 5119, 5201 and 5241 District Blvd and 4601 East 52nd Drive,
in substantially the same form as submitted with the staff report.
Economic Development Manager Alex Kung reported on the slight modification to the original
Purchase and Sale Agreement. He also provided an update on the remediation efforts.
It was moved by Davis and seconded by Martinez to approve the 1'Amendment to the Purchase
and Sales Agreement for the property located at 5119, 5201 and 5241 District Blvd and 4601
East 52nd Drive (Thermador). Motion carried, 4-0.
Page 4 of 7
Regular City Council Meeting Minutes
November 18, 2014
City Clerk Department
20. Approval of items regarding the holding of a General Municipal Election on April
14, 2015:
Resolution No. 2014-69 -A Resolution of the City Council of the City of Vernon,
California, calling and giving notice of an all-mail ballot general municipal election
to be held on Tuesday,April 14, 2015, for the election of a certain officer as
required by the provisions of the charter of the City of Vernon.
Resolution No. 2014-70 -A Resolution of the City Council of the City of Vernon,
California, requesting the board of supervisors of the County of Los Angeles to
render specified services to the City relating to the conduct of a general municipal
election to be held on Tuesday,April 14, 2015.
Recommendation:
(1) Find that approval of the Resolutions is exempt under the California
Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment, as the proposed is administrative in nature; and
(2) Approve the Resolution calling and giving notice for a General Municipal
Election to be held on Tuesday, April 14, 2015 for the Election of one (1) City
Councilmember for the full term of five (5) years; and
(3) Approve the Resolution requesting the Board of Supervisors of the County of Los
Angeles to render specified services to the City relating to the conduct of the
General Municipal Election to be held on Tuesday, April 14, 2015.
Deputy City Clerk Ana Barcia provided the oral report on the two proposed resolutions.
It was moved by Maisano and seconded by Martinez to approve Resolution No. 2014-69 and
Resolution No. 2014-70. Motion carried, 4-0.
Fire Department
21. Resolution No. 2014-71 -A Resolution of the City Council of the City of Vernon
approving the City's participation in the 2013 State Homeland Security Grant
Program by the Vernon Fire Department, approving and authorizing the
execution of a subrecipient agreement by and between the City of Vernon and the
County of Los Angeles and authorizing the execution of documents necessary to
obtain said grant.
Recommendation:
(1) Find that approval of the proposed resolution is exempt under the California
Environmental Quality Act("CEQA") in accordance with Section 15061(b)(3),
the general rule that CEQA only applies to projects that may have an effect on the
environment; and
(2) Adopt a resolution approving and authorizing the execution of an Agreement
between the County of Los Angeles and the City of Vernon in connection with the
Fiscal Year 2013 State Homeland Security Grant Program. The County of Los
Angeles has approved and awarded 2013 State Homeland Security Grant Program
funds in the amount of$220,438 to the City of Vernon Fire Department.
Fire Chief Michael Wilson provided the oral report on the proposed participation in the grant
program.
It was moved by Maisano and seconded by Davis to approve Resolution No. 2014-71. Motion
carried, 4-0.
Page 5 of 7
Regular City Council Meeting Minutes
November 18, 2014
ORAL REPORTS
22. City Administrator Reports—brief reports on activities and other brief announcements
by the City Administrator and Department Heads.
23. City Council Reports—brief report on activities, announcements, or directives to staff.
Police Chief Daniel Calleros reported on officers' responses to recent incidents. He also
reported on the Mobile Field Force Team and Fire personnel participation in a large active
shooter exercise.
Police Captain Gillman reported on vandalism.
Fire Chief Michael Wilson reported on a successful blood drive event for the Children's Hospital
of Los Angeles on November 13, 2014. Wilson reported on Fire personnel training and
responses to recent incidents.
Director of Public Works, Water and Development Services Kevin Wilson provided an update
on various capital improvement projects. He advised that a presentation on potential changes to
the zoning ordinance would be presented at the next City Council meeting.
Director of Gas and Electric Carlos Fandino reported on two car hit pole incidents.
Finance Director William Fox reported full occupancy for City owned housing units, all of
which are current on rent. A fraud financial hot line will soon be implemented. Fox also
reported on bond refunding efforts and the City's upcoming rating review.
Director of Health and Environmental Control Leonard Grossberg noted the Thanksgiving tips
on the Department's monthly report. Grossberg reported on the Department of Toxic Substances
Control's recent notice on Exide Technologies.
Director of Human Resources Teresa McAllister reported on recent activities in the Department.
McAllister announced the closing of the open enrollment for employee health benefits on
December 1, 2014.
Economic Development Manager/Successor Agency Staff Alex Kung reported on the filming
that is to occur in and around City Hall commencing November 21, 2014.
Senior Strategic Policy Advisor and Director of Communications Advisor Fred MacFarlane
reported on the trip to Jawbone Canyon.
City Administrator Mark Whitworth announced that the Vernon Business and Industry
Commission will hold its first meeting on December 15, 2014, at 9:00 a.m. Whitworth also
reported on the City's presence at the Eddy Awards, and on the City's recognition as a finalist
for the Most Business Friendly City with a population under 65,000 award. Whitworth advised
that on December 1, 2014, Hilda Solis will be sworn-in to the Los Angeles County Board of
Supervisors; Vernon has a good working relationship with Solis.
Whitworth announced that two Councilmembers will not be able to attend the December 2"d
meeting. This meeting will be cancelled, staff will check availability for an alternate meeting
date.
At 10:25 a.m. Mayor McCormick declared a recess of the City Council meeting. At 10:35 a.m.
the Council reconvened.
Page 6 of 7
Regular City Council Meeting Minutes
November 18, 2014
CLOSED SESSION
With no public comment on the closed session items, at 10:35 a.m., it was moved by Maisano
and seconded by Davis to enter into closed session to discuss the agendized items.
24. CITY COUNCIL PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL/RELEASE
Government Code Section 54957
25. PUBLIC EMPLOYMENT
Government Code Section 54957(b)(1)
Title: City Administrator
26. PUBLIC EMPLOYEE APPOINTMENT
Government Code Section 54957
Title: Interim City Administrator
At 10:49 a.m., it was moved by Martinez and seconded by Maisano to exit closed session. City
Attorney Hema Patel announced that there is no reportable action.
With no further business, at 10:49 a.m., Mayor McCormick adjourned the meeting.
W. Michael McCormick
Mayor
ATTEST:
Ana Barcia
Deputy City Clerk
Page 7 of 7
�V
RECEIVED
NOV 16 2014
RECEW ED CITY ADM I N ISTRATIDN
DEC 012014 STAFF REPORT
CITY CLERK'S OFFICE FINANCE/TREASURY DEPARTMENT
DATE: November 26, 2014
TO: Honorable Mayor and City Council
FROM: William Fox, Finance Director Vj?�—
RE: City Warrant Register for City Council Agenda of December 9, 2014
It is recommended that the attached City Warrant Register No. 1413 be approved at the City Council meeting of
December 9, 2014.
City Warrant Register No. 1413 totals $1,686,895.44, and covers claims and demands presented during the
period of November 11 through November 24, 2014, drawn, or to be drawn, from East West Bank.
The following list details the components of City Warrant Register No. 1413:
1. Ratification of wire transfers totaling $1,122,076.87;
2. Ratification of the issuance of early checks totaling $431,753.70; and
3. Authorization to issue pending checks totaling $133,064.87.
Of VIR
4ir��wG: Y
~ CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
+.6"rtir t"o
hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed
register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and
payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant
funds are available for payments thereof. Numbers:
William Fox
Finance Director
Date:
Printed:11/26/2014 11:31:24AM Page 2 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9,2014
WIRES
ACCOUNT DATE WIRE
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
CENTRAL BASIN MWD 020.1084.500130 172,623.79 Capacity Charge VERSEPI4 1073
020.1085.500130 16,899.64 Capacity Charge VERSEPI4 1073
11/10/2014 189,523.43
WATER REPLENISHMENT 020.1084.500110 150,452.52 Groundwater Production 083114 1074
DISTRICT
11/10/2014 150,452.52
ANTHEM BLUE CROSS 011.1026 502031 610.74 Coverage Period: 11/14 1463337A 1075
011.1026.502031 38,029.29 Coverage Period: 11/14 412447C 1075
011 210221 240,817.99 Coverage Period: 11/14 459916E 1075
11/13/2014 279,458.02
AETNA HEALTH OF CALIFORNIA 011.1026.502031 7,05860 Coverage Period: 11114 30943469 1076
011.1026.502031 2,637.00 Coverage Period: 11/14 30944601 1076
11/13/2014 9,695.60
ICMA RETIREMENT TRUST 457 011.210220 17,554.92 Deferred Compensation: Payment Ben177528 1077
11/13/2014 17,554.92
CALPERS 011.210240 346,550.01 PERS Contributions: Payment Ben177524 1078
011.210240 233.43 PERS Survivor's Benefit: Payment Ben177524 1078
011.210240 1,684.12 PERS Buy-back: Payment Ben177524 1078
011.1004.502020 -0.22 PERS Contributions: Adjustment Ben177524 1078
11/17/2014 348,467.34
CITY OF VERNON, FSA ACCOUNT 011.100013 516.91 FSA-Dependent: Payment Ben177530 1079
011.100013 309.19 FSA-Medical: Payment Ben177530 1079
Printed 11/26/2014 11 31 24AM Page 3 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
WIRES
ACCOUNT DATE WIRE
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
11/13/2014 826.10
STATE DISBURSEMENT UNIT 011.210260 3,939.06 Child Support: Payment Ben177532 1080
11/17/2014 3,939.06
EAST WEST BANK 011.1033.520000 560.36 Supplies 102114(B) 1081
011.1033.520000 40.07 Supplies 102114(B) 1081
011.1041.596700 75.00 Supplies 102114(C) 1081
011.1043.596600 82.38 Supplies 102114(C) 1081
011.1046.520000 101.84 Supplies 102114(C) 1081
011.9019.520010 762.48 Supplies 102114(D) 1081
011.9019.560010 493.56 Subscription 102114(D) 1081
011 1031.520000 167.40 Supplies 102114(E) 1081
011.1031.570000 143.18 Services 102114(E) 1081
011.1033.520000 153.97 Supplies 102114(F) 1081
011.1033.560000 64.98 Subscription 102114(G) 1081
011.1033.596500 9.00 Taxis& Parking 102114(G) 1081
011.1060.596500 586.47 Lodging 102114(H) 1081
011.1060.596600 89.00 Subscription 102114(H) 1081
011.1060.596700 476.00 Registration: Staff 102114(H) 1081
011 1061.520000 134.07 Supplies 102114(H) 1081
011 1025.596500 393.90 Lodging: Staff&Tenants 102114(I) 1081
011.1048.590000 4,040.00 Lodging: Staff&Tenants 102114(I) 1081
011.1026.596500 93.00 Supplies 102114(J) 1081
Printed:11126/2014 11 3t24AM Page 4 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
WIRES
ACCOUNT DATE WIRE
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
EAST WEST BANK 011 1026.596500 18.00 Taxis& Parking 102114(J) 1081
011.1031.520000 21.26 Services 102114(K) 1081
011.1031.520000 134.89 Supplies 102114(K) 1081
011.1031.520010 84.82 Supplies 102114(K) 1081
011.1031.570000 347.91 Service 102114(K) 1081
011.1031.570000 140.00 Services 102114(K) 1081
011.1031596500 833.56 Lodging 102114(K) 1081
011.1031 596700 540.00 Registration: Staff 102114(K) 1081
011.1031 596700 -445.00 Service Refund 102114(K) 1081
011.1026.550000 250.00 Job Ad 102114(L) 1081
011.1026.596200 325.56 Supplies 102114(L) 1081
011.1026.596700 68.13 Luncheon/Teamsters 102114(L) 1081
011.1026.596900 66.94 Supplies 1021l4(L) 1081
011.1026.596700 27.96 Supplies 102114(M) 1081
011.1048.590000 117.69 Equipment Rental 102114(N) 1081
011.1048.590000 -10.00 Refund-Equipment Rental 102114(N) 1081
11/17/2014 10,988.38
NIELSEN, MERKSAMER, 011.1002.596200 3,693.50 Professional Services 110114 1082
PARRINELLO
11/20/2014 3,693.50
MAYER BROWN LLP 011.1002.596200 3,025.00 Professional Services 34874116 1083
11/20/2014 3,025.00
Printed.11/26/2014 11:31:24AM Page 5 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
WIRES
ACCOUNT DATE WIRE
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
WEBER WATER RESOURCES CA, 020.1084.900000 104,453.00 Well No. 16 Production 1851N 1084
LLC
11/20/2014 104,453.00
TOTAL WIRES $ 1,122,076.87
Printed:11/26/2014 11,31:24AM Page 6 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
CALIFORNIA WATER SERVICE CO. 011.1033.560000 108.08 Service Period: 09/24- 10/22 102314 345794
11/13/2014 108.08
CRT LABORATORIES, INC. 011.1048.590000 1,767.23 Copper tubing chem lest 208251 345795
11/13/2014 1,767.23
FEDEX 011.1025.520000 22.66 Service Period: 10/14 282376942(B) 345796
11/13/2014 22.66
FRANCHISE TAX BOARD 011.210260 180.00 Garnishment: Payment Ben177520 345797
11/13/2014 180.00
IBEW LOCAL47 011.210250 2,634.96 iBEW Dues: Payment Ben177514 345798
11/13/2014 2,634.96
JEFF WIGHTMAN 011.1048.530015 584.48 Reimb. Possesory Tax Interest— 110614 345799
11/13/2014 584.48
JOHN KRISTE 011.1048.590000 230.00 Meals 8 out of pocket expenses during 110614 345800
11/13/2014 230.00
L.B. JOHNSON HARDWARE CO.#1 011.1046.520000 9.61 Plumbing and building hardware— 100214VRS 011.0009958 345801
011.1049.520000 92.96 Plumbing and building hardware- 100214VRS 011.0009958 345801
11/13/2014 102.57
LAEDC 011 1002.550000 3,200.00 Sponsorship 13th annual eddy awards 51438079 345802
11/13/2014 3,200.00
METLIFE- GROUP BENEFITS 011.210222 26,077.20 Dental Premiums- 11/14 101514 345803
Printed:11/2WO14 11:31:24AM Page 7 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DEC EMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
METLIFE-GROUP BENEFITS 011.1031.502030 4,606.47 Dental Premiums- 11/14 101514 345803
11/13/2014 30,683.67
NAPA AUTO PARTS 011.1046.520000 1,851.27 Auto Parts— 100114VRS 011,0010024 345804
11/1312014 1,851.27
PIC ENVIRONMENTAL SERVICE 011.1023.900000 24,575.00 OU2 Industrial Parcels 15201 345805
CORP
11/13/2014 24,575.00
SANDRA D. BINGMAN 011 210260 2,000.00 Garnishment: Payment Ben177516 345806
11/13/2014 2,000.00
SOUTHERN CALIFORNIA EDISON 011.1043.560000 37.37 Service Period: 09129- 10/29 103014(B) 345807
11/13/2014 37.37
STAPLES ADVANTAGE 020.1084.520000 30.99 Office Supplies-- 3246478336 011.0010169 345808
020.1084.520000 2.78 Sales Tax 3246478336 345808
011.1040.520000 23.73 Office Supplies- 3246478336 011.0010169 345808
011.1040.520000 2.14 Sales Tax 3246478336 345808
011.1041.520000 64.53 Office Supplies-- 3246478336 011.0010169 345808
011.1041.520000 5.81 Sales Tax 3246478336 345808
011.1043.520000 55.19 Office Supplies-- 3246478336 011.0010169 345808
011.1043.520000 4.97 Sales Tax 3246478336 345808
11/13/2014 190.14
STEVEN FROBERG 011.1048 590000 230.00 Meals 8 out of pocket expenses during 110614 345809
Printed:11126/2014 11:31:24AM Page 8 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS _
� ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
11/13/2014 230.00
TEAMSTERS LOCAL 911 011.210250 2,265.00 Teamsters Local 911 Dues: Payment Ben177510 345810
11/13/2014 2,265.00
VERNON FIREMEN'S 011.210250 3,215 00 Fire House Fund: Payment Ben177518 345811
ASSOCIATION
11/13/2014 3,215.00
ASSOCIATION VERNON POLICE 011.210250 1,887.60 Police Association Member Dues: Ben177512 345812
OFFI Payment
11/13/2014 1,887.60
BATTERY SYSTEMS INC 011.1046.520000 1,885.64 Vehicle batteries-- 103114VRS 011.0009955 345813
11/18/2014 1,885.64
BRUCE V.MALKENHORST, SR. 011.1026.502031 45.00 Medical Reimbursement 111214VRS 345814
011.1026.502031 98.63 Medical Reimbursement 111214VRS(B) 345814
11/18/2014 143.63
D&R OFFICE WORKS, INC. 011.1004.520000 1,54000 Office Chairs, Black Accents& Base, 94982IN 011.0010103 345815
011.1004.520000 75.00 Freight 949821N 011.0010103 345815
011.1004 520000 145.36 Sales Tax 949821N 345815
11/18/2014 1,760.36
FRED MACFARLANE 011.1002.596200 13,000.00 Strategic Communications 103114 345816
11/1 B/2014 13,000.00
JEMMOTT ROLLINS GROUP, INC. 011.1021.596200 10,000.00 Professional Services 103114 345817
Printed:11126/2014 11:31:24AM Page 9 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
11/18/2014 10,000.00
JOHN KRISTE 011.1048.590000 230.00 Meals out of pocket expenses while 111714 345818
11/18/2014 230.00
LEVEL 3 COMMUNICATIONS, LLC 057.1057.500173 1,614.46 Fiber Optic Internet Access Contract 37529749 057.0000051 345819
11/18/2014 1,614.46
MINUTECLINIC DIAGNOSTIC 011.1026.502031 6.24 Medical Expense 100914 345820
11/18/2014 6.24
QUEST DIAGNOSTICS 011.1026.502031 2.44 Medical Expenses 2823403551 345821
11/18/2014 2.44
RADIN CARDIOVASCULAR 011.1026.502031 9.43 Medical Expense 100314 345822
MEDICAL
11/18/2014 9.43
RAFAEL CONTRERAS 011.1043.596500 44,69 CALBO Training 102814 345823
11/18/2014 44.69
STAPLES ADVANTAGE 011.1031.520000 584.97 Office Supplies- 3245993244 011 0010160 345824
011.1031.520000 52.65 Sales Tax 3245993244 345824
011.1024.520000 128.90 Office Supplies- 3246478333 011.0010170 345824
011.1024.520000 11.60 Sales Tax 3246478333 345824
11/18/2014 778.12
STEVEN FROBERG 011.1048.590000 230.00 Meals out of pocket expenses while 111714 345825
Printed:11/25/2014 11:31:24AM Page 10 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
11/18/2014 230.00
SURINDER SAINT, M.D. 011 1026.502031 9.43 Medical Expense 093014 345826
11/18/2014 9.43
VERNON CHAMBER OF 011.1002.550000 2,500.00 Economic Forecast Luncheon 6937 345827
COMMERCE
11/18/2014 2,500.00
ADVANCED ELECTRONICS, INC. 011.1036.850000 5,074.00 Motorola IMPRESS battery NNTN6034 1437831N 011.0010119 345828
011.1036.850000 10.00 Freight 143783IN 011.0010119 345828
011.1036 850000 456.66 Sales Tax 143783IN 345828
11/20/2014 5,540.66
AIRTEK HVAC/DUCT CLEANING 011.1048.590000 1,400.00 Residential Duct Cleaning 7492 345829
11/20/2014 1,400.00
AMA SERVICES, INC. 011 1048.590000 874.00 Maintenance& Services 110414VRS 345830
11/20/2014 874.00
AT&T 011.9019.560010 30.45 Service Period: 09/14 101014VRS 345831
011 9019.560010 1,151.56 Service Period: 09/14 101014VRS 345831
011.9019.560010 95.77 Service Period: 09/14 101014VRS 345831
011.9019.560010 1,688.34 Service Period: 09/14 101014VRS 345831
011.9019.560010 993.72 Service Period: 09/14 101014VRS 345831
011 9019.560010 373.16 Service Period: 09114 101014VRS 345831
011.9019.560010 52.50 Service Period: 09/14 101014VRS 345831
011.9019 560010 3,774.44 Service Period: 09/14 101014VRS 345831
Printed:11/26/2014 11 31 24AM Page 11 of 2B
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
11/20/2014 8,159.94
AT&T 011.9019.560010 453.66 Service Period: 10119- 11/18 2160080049 345832
11/20/2014 453.66
AT&T 011.9019.560010 201.53 Service Period: 09120- 10/19 102014 345833
11/20/2014 201.53
AT&T 011.9019.560010 152.00 Service Period:09/19- 10/18 3675425207 345834
11/20/2014 152.00
AT&T MOBILITY 011,9019.560010 204.51 Service Period: 09/09- 10/08 83217648OX10162 345835
014
11/20/2014 204.51
BROADBAND LLC 057.1057.500173 3,764.29 Internet Access Services- IN1215201420037 057.0000034 345836
44
11/20/2014 3,764.29
CALIFORNIA WATER SERVICE CO. Oii.1043.560000 93.22 Service Period: 09124- 10/22 102314(B) 345837
11/20/2014 93.22
CAMINO REAL CHEVROLET 011.1046.520000 853.52 Auto parts for cars and trucks.- 100214VRS 011.0009914 345838
11/20/2014 853.52
CLEAN HARBORS 011.1048.590000 10,460.36 Clean and remediate water/mold damage 1000588356 011.0010045 345839
ENVIRONMENTAL
11/20/2014 10,460.36
DAVID LeDUFF 011.1060.596500 20.16 Target Specialty Products Seminar 111314 345840
Printed:11126/2014 11 31:24AM Page 12 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
DAVID LeDUFF 011.1060.596500 18.00 LA County Board of Supervisor Meeting 111314(B) 345840
11/20/2014 38.16
GOVERNMENTJOBS.COM, INC., 011.1026.550000 175.00 Job Posting 713623 345841
11/20/2014 175.00
KEITH WHITWORTH 011.1048.530015 158.45 Reimb/Possessory Interest Tax-- 111914 345842
11/20/2014 158.45
LOS ANGELES METROPOLITAN 011.199999 45,000.00 Bond for Court Case 9VA137629- 111914 345843
Lejano,
11/20/2014 45,000.00
MANAGEMENT ACTION 011.4031.596600 3,10000 Management Action Programs W747574 345844
PROGRAMS,
11/20/2014 3,100.00
MASAMI HIGA 011.1004.596550 110.00 CSMFO Membership&Asset Book 111314 345845
011.1004.596600 43.63 CSMFO Membership&Asset Book 111314 345845
11/20/2014 153.63
MAYWOOD CAR WASH 020 1084.570000 14.00 Car Wash Service— 539 011.0009947 345846
011.1041.570000 7.00 Car Wash Service-- 539 011.0009947 345846
011.1043.570000 14.00 Car Wash Service— 539 011.0009947 345846
011.1043.570000 7.00 Car Wash Service— 540(B) 011.0009947 345846
11/20/2014 4200
MAYWOOD MUTUAL WATER CO. 011 1033.560000 157.50 Service Period: 10/14 110114 345847
NO. 3
Printed 1112 6/2 0 1 4 W31:24AM Page 13 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
11/20/2014 15750
NELSON MACIAS 011.1048.530015 824.27 Reimb/Possessory Interest Tax— 111914 345848
11/20/2014 824.27
REED&DAVIDSON, LLP 011.1002.596200 48.73 Professional Services 33508 345849
11/20/2014 48.73
SOUTHERN CALIFORNIA EDISON 011.1042.560000 237.26 Service Period: 10/14 110614 345850
11/20/2014 23726
THE GALLERY COLLECTION 011.1026.596700 554.08 Holiday Cards 14AE4174 345851
11/20/2014 554.08
THE GAS COMPANY 011.1033.560000 384.39 Service Period: 10/09- 11106 111014VRS 345852
011.1048.560000 23.08 Service Period: 10109- 11106 111014VRS 345852
011.1049 560000 897.02 Service Period: 10/09- 11/06 111014VRS 345852
11/20/2014 1,30449
TRI SPAN, INC. 011.1048.590000 17,329.00 Maintenance& Repairs 2 345853
11/20/2014 17,329 00
UPS 011.1033.520000 12.24 Service Period: 10/14 933312434 345854
011.1041.520000 56.42 Service Period: 10114 933312434 345854
020.1084.520000 7.44 Service Period: 10/14 933312444 345854
011,1033 520000 21.89 Service Period: 10/14 933312444 345854
011.1041.520000 50.08 Service Period: 10/14 933312444 345854
Printed:11/26/2014 11:31:24AM Page 14 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9,2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
11/20/2014 148.07
WEX BANK 011.1031.570000 35.00 Fuel Charges 38648838 345855
11/20/2014 35.00
AFLAC 011.210223 5.811.97 Supplemental Ins-09/14 820564 345856
11/25/2014 5,811.97
GOVERN MENTJOBS.COM, INC., 011.1026.550000 175.00 Job Posting 713637 345857
11/25/2014 175.00
IGOE&COMPANY INC. 011 1026.594200 200.00 Administrative Fees 125725 345858
11/25/2014 200.00
JOBS AVAILABLE INC. 011.1026,550000 273.00 Job Posting 1424043 345859
11/25/2014 273.00
JOHN KRISTE 011.1048.590000 322.00 Meals&Out of pocket expenses while 112414 345860
11/25/2014 322.00
RAMONA INC. 020.1084.900000 88,131.82 55th Storm Drain Improvements 1 345861
011.1043.900000 109,005.06 55th Storm Drain Improvements 1 345861
11/25/2014 197,136.88
RICHARD MAISANO 011.1048.530015 510.67 Reimb. Possessory Interest Tax— 112414 345862
11/25/2014 510.67
STEVEN FROBERG 011.1048.590000 322.00 Meals&Out of pocket expenses while 112414 345863
11/25/2014 322.00
Printed:11I2612014 11.31 24AM Page 15 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
TERESA MCALLISTER 011.1026.596900 69.88 Employee Service Awards Supplies 112414 345864
11/25/2014 69.88
U.S. HEALTHWORKS MEDICAL 011.1026.597000 3,988.00 HazMat Physicals 2592641CA 345865
GROUP
011.1026.597000 3.714.00 HazMat/Pre-Employment Physical 2596200CA 345865
011.1026.597000 2,504.90 HazMat Physicals 2599192CA 345865
11/25/2014 10,206.90
FRANCHISE TAX BOARD 011.210260 180.00 Garnishment: Payment Ben177790 345866
11/26/2014 180.00
SANDRA D. BINGMAN 011.210260 2,000.00 Garnishment: Payment Ben177786 345867
11/26/2014 2,000.00
VERNON FIREMEN'S 011.210250 3,215 00 Fire House Fund: Payment Ben177788 345868
ASSOCIATION
11/26/2014 3,215.00
ASSOCIATION VERNON POLICE 011.210250 1,887.60 Police Association Member Dues: Ben177784 345869
OFFI Payment
11/26/2014 1,887.60
TOTAL EARLY CHECKS $ 431,753.70
Printed 11/2612014 11:31 24AM Page 16 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
AEG SOLUTIONS 011.120010 252.60 2700-500 24#Color Bond, 24"X 150'- 60521 011,0010193 345870
011.120010 75.78 2700-510 24#Color Bond, 36"X 150'- 60521 011.0010193 345870
011.120010 221.00 2700-520 20#Xerographic Bond, 24"X 60521 011.0010193 345870
011.120010 65.64 2700-530 20#Xerographic Bond, 36"X 60521 011.0010193 345870
011 120010 35.00 Freight 60521 011.0010193 345870
011 120010 55.35 Sales Tax 60521 345870
705.37
AEGIS ITS, INC. 011.1043 590000 5,055.75 Repairs 8 Maintenance 11920 345871
011.1043.590000 1,890.92 Preventative Maintenance 11941 345871
011.1043.900000 2,000.88 Maintenance& Repairs 11980 345871
8,947.55
ALL CITY MANAGEMENT 011.1031.594200 500.10 School Crossing Guard 36845 345872
SERVICES,
500.10
AMERICAN LEGAL PUBLISHING 011.1003.596200 2,611.88 Code of Ordinances 101205 345873
CORP
2,611.88
ANGEL CITY DATA, INC. 011.9019.590110 35000 The vendor will provide remote support 13057 011.0010028 345874
350.00
ANTHONY HINOJOS 020.1084.596700 70.00 Class B Driver License Renewal 110514 345875
70.00
Printed, 11/2612014 11:31:24AM Page 17 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
VEHICLES BLACK&WHITE 011.1031.570000 239.26 Bumper 468 345876
EMERGEN
239.26
BRENNTAG PACIFIC, INC. 020.1084.500140 3,679.77 Chlorine 100914VRS 345877
3,679.77
BRYAN WOODRUFF 011.1033.502030 200.00 Vision Benefits: Spouse 110414 345878
200.00
CAL TECH COPIER, INC. 011.9019.520010 381.45 Repairs& Maintenance CT51566 345879
011.9019.590110 250.00 Repairs& Maintenance CT51566 345879
011.9019.590110 125.00 Repairs& Maintenance CT51763 345879
011.9019.520010 1,380.92 Repairs&Maintenance CT51825 345879
011.9019.590110 125.00 Repairs& Maintenance CT51825 345879
2,262.37
CALOLYMPIC SAFETY 011.120010 170.00 MOLDEX earmuff MX-6, NRR30, 10 per 334049 011.0010164 345880
011.120010 11.52 Freight 334049 011.0010164 345880
011.120010 15.30 Sales Tax 334049 345880
196.82
CALOX INC. 011.1033.520000 8.50 Cylinder Oxygen 44804 345881
8.50
CAMINO REAL CHEVROLET 011.1046.520000 71.11 accelerator pedal assy. CVCS50278 011.0010173 345882
011.1046.520000 6.40 Sales Tax CVCS50278 345882
011 1046.590000 240.00 Labor to diagnose and repair CVCS50278 011.0010173 345882
Printed 11/26/2014 11 31 24AM Page 18 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
317.51
CATALINA PACIFIC CONCRETE 020,1084.520000 3,711 35 Concrete 100114VRS 345883
3,711.35
CHEM PRO LAB INC. 011.1049.590000 210.00 Water Treatment Services 583000 345884
210.00
CITY OF L.A., DEPT OF TRANSPOR 011.1043 590000 1,776.53 Traffic Signal Maintenance 98345 345885
1,776.53
CLEANSTREET, INC. 011.1043.590000 9,199.72 Sweeper Services 76095 345886
9,199.72
CLINICAL LAB OF SAN 060.6060.595200 455.00 Lab Services 936806 345887
BERNARDINO
455.00
COLANTUONO, HIGHSMITH & 011.1024.593200 2,139.00 Professional Services 27721 345888
2,139.00
COMPLETE THERMAL SERVICES 011.1049.590000 1,250.00 Repairs& Maintenance 27149 345889
INC.
011.1049.590000 13,710.00 A/C Repairs 27574M 345889
14,960.00
CRAIG WELDING SUPPLY CO. 011.1033.520000 46.50 Supplies 603866 345890
46.50
D&D REFRIGERATION, INC 011 1049.590000 5,950.00 Repairs& Maintenance 35486 345891
Printed:11/26/2014 11:31:24AM Page 19 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
5,950.00
DEWEY PEST CONTROL 011.1033.520000 102.00 Pest Control Service 112814VRS 345892
102.00
DR DAVID N. STEIN 011.1041.502030 225.00 Vision Benefits 110414 345893
225.00
EASTERN GROUP PUBLICATIONS 020.1084.550000 237.50 Publication Fees 43076 345894
INC
011.1003.596300 187.50 Publication Fees 43078 345894
011.1003.550000 137.50 Publication Fees 43079 345894
562.50
ENTERPRISE FM TRUST 011.4031.840000 574 50 Car Rental FBN2619447 345895
574.50
FRED PRYOR SEMINARS 011.1060.596700 436.00 Books& Publications 2284278 345896
436.00
GE MOBILE WATER INC. 011.1033.520000 1,019.00 Maintenance Services 071014VRS 345897
011.1033.520000 850.05 Maintenance Services 071014VRS(B) 345897
1,869.05
GOVERNMENT FINANCE OFC. 011 1004.596550 610.00 Membership Fees 102914 345898
ASSOC.
610.00
GTO AUTO GLASS 011.1046.590000 105.00 Labor only to remove& reinstall front W0475236 011.0010176 345899
Printed:11/26/2014 11:3124AM Page 20 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
105.00
H& H WHOLESALE PARTS 011.1046.520000 146.55 ACID 17D1367CH front brake pads 1846652 011.0010145 345900
011.1046.520000 13.19 Sales Tax 1846652 345900
011.1046.520000 26.90 ACID 8-4420 windshield wipers 1850729 011.0010179 345900
011.1046.520000 2690 ACID 8-4422 windshield wipers 1850729 011.0010179 345900
011.1046 520000 7.26 Sales Tax 1850729 345900
011.1046.520000 26.90 ACID 8-4418 windshield wipers 1850729 011.0010179 345900
247.70
HAWKINS TRAFFIC SAFETY 011.1043.520000 597.60 Series Warning Scope, (4 legged), item 23486 011.0010192 345901
SUPPLY
011.1043.520000 53.78 Sales Tax 23486 345901
651.38
HEMA PATEL 011.1024 596500 14.56 SCAQMD Hearing 110514 345902
14.56
HUNTINGTON PARK RUBBER 011.1002.520000 11.22 Name plates to read:- 261231IN 011 0010194 345903
STAMP
011.1002.520000 11.22 Name plates to read:-- 261231IN 011.0010194 345903
011.1002.520000 11.22 Name plates to read:- 261231IN 011.0010194 345903
011 1002.520000 11.22 Name plates to read:-- 261231IN 011.0010194 345903
011.1002.520000 11.22 Name plates to read:- 261231IN 011.0010194 345903
011.1002.520000 11.22 Name plates to read:- 261231IN 011.0010194 345903
011.1002.520000 11.22 Name plates to read:- 261231 IN 011 0010194 345903
011.1002.520000 11.22 Name plates to read:- 261231 IN 011.0010194 345903
Printed, 11/26/2014 11:31:24AM Page 21 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
HUNTINGTON PARK RUBBER 011.1002.520000 11.22 Name plates to read:- 261231 IN 011.0010194 345903
STAMP
011.1002.520000 11.22 Name plates to read:- 261231 IN 011.0010194 345903
011 1002.520000 31A1 Name Plate to read:- 261231IN 011.0010194 345903
011.1002.520000 12.90 Sales Tax 261231IN 345903
156.21
IMPERIAL SUPPLIES, LLC 011.120010 291.60 I-Jaguar Safety Glasses, lens color: LR1538 011.0010196 345904
011.120010 41.54 Sales Tax LR1538 345904
011 120010 169.92 I-Jaguar Safety Glasses, lens color: LR1538 011.0010196 345904
503.06
INDEPENDENT BRAKE LATHE 011.1046 520000 85.00 FMC90077 feed nut for cross feed 24131 K 011.0010175 345905
011.1046.520000 10.00 felt seal for drum feed screw 24131 K 011.0010175 345905
011.1046.520000 8.00 gib adjustment screw 24131K 011,0010175 345905
011.1046.520000 59.75 FMC .049' radius tool bias 24131 K 011.0010175 345905
011.1046.520000 27.63 Sales Tax 24131 K 345905
011.1046.520000 39.25 FMC6002494 spring for shift detent 24131 K 011.0010175 345905
011.1046.520000 105.00 FMC90071 feed screw for cross feed 24131 K 011.0010175 345905
011 1046.590000 150.00 Labor to pick up and deliver brake lathe 24131 K 011.0010175 345905
011.1046.590000 37500 Labor to perform service and replace 24131 K 011.0010175 345905
859.63
JCL BARRICADE COMPANY 011.1043.520000 131.34 Epoxy A& B kit,gallon size. 16961 011.0010155 345906
011.1043.520000 40.00 Freight 16961 011.0010155 345906
011.1043.520000 21.72 Sales Tax 16961 345906
Printed:11/26/2014 11,31:24AM Page 22 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
JCL BARRICADE COMPANY 011.1043.520000 110.00 Stimsonite Raised Pavement Markers, 16961 011 0010155 345906
one
011.1043.520000 1,200.00 Type I Wood R Metal Barricade, part 75898 011.0010185 345906
011.1043.520000 902.50 D Cell Amber Flasher, item 75898 011.0010185 345906
011.1043.520000 40.00 Freight 75898 011.0010185 345906
011.1043.520000 189.23 Sales Tax 75898 345906
2,634.79
JERRY'S AUTO BODY INC 011.1046.520000 118.80 paint and material 28651 011.0010172 345907
011.1046.520000 144.14 parts 28651 011.0010172 345907
011.1046-520000 23.66 Sales Tax 28651 345907
011.1046.590000 819.00 labor 10 repair and refinish passenger 28651 011.0010172 345907
1,105.60
JOSEPH ALVARADO 020.1084.596700 70.00 Class B&M Driver License Renewal 110514 345908
70.00
JSB FIRE PROTECTION, LLC 011.1033.595200 3,322.90 Plan Check Fees 14210 345909
3,322.90
LA POOL GUYS 011.1049.590000 194.00 Pool Service 27702 345910
194.00
LANGUAGE LINE SERVICES, INC. 011.1031.594200 25.55 Interpreatation Services 3469045 345911
25.55
LONG BEACH BMW 011.1031.570000 246.23 Repairs R Maintenances- 113483 011.0009965 345912
MOTORCYCLES INC
Printed:11/26/2014 11:31:24AM Page 23 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
24623
MCMASTER-CARR SUPPLY 011.1046.520000 29.19 Freight 15932038 011.0010174 345913
COMPANY
011.1046.520000 53.80 Sales Tax 15932038 345913
011.1046.520000 423.04 2967t5 rachet binder 15932038 011,0010174 345913
011.1046.520000 174.80 3363193 318 chain 15932038 011.0010174 345913
680.83
MELVYN GREEN&ASSOCIATES, 011.1041.595200 1,238.33 Plan Check Services 13699 345914
INC
1,238.33
NET TRANSCRIPTS, INC. 011.1031.596200 75.60 Transcripts Services 101014105 345915
75.60
PACIFIC COMMERCIAL TRUCK 011.1046.590000 775.00 Labor only to swap ladder racks from 19595 011.0010177 345916
BODY
775.00
PACIFIC PRODUCTS&SERVICES 011.1043.520000 115.33 718"X 4-114" Drill Rod 12" UC H 18130 011.0010186 345917
INC.
011.1043 520000 220.00 2" Square Large Tapered Driver Head, 18130 011.0010186 345917
011.1043.520000 102.66 Large Taper Shank, 718"X 4-114", item 18130 011.0010186 345917
011.1043.520000 563.89 Sales Tax 18130 345917
011.1043.520000 5,587.50 Gas Powered Drill Breaker, item: Cobra 18130 011.0010186 345917
011.1043.520000 240.00 3" H Tread Drill (Carbide), item 18130 011.0010186 345917
6,829.38
Printed:11126/2014 11:31 24AM Page 24 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
RICHARDS, WATSON&GERSHON 020.1084.593200 55.00 General Legal Services 198554 345918
020.1084.593200 44.10 LA MS4 Permit Petition 198555 345918
99.10
SANTA FE BUILDING 011.1049.590000 6,591.07 Janitorial Services 13301 345919
MAINTENANCE
6,591.07
SC FUELS 020.1084.520000 2,706.00 G-ST oil ISO 32, 55 gallons per drum, 206290IN 011.0010191 345920
020.1084.520000 75.00 Drum Deposit 206290IN 011.0010191 345920
020.1084.520000 -45 00 Drum Return 206290IN 011.0010191 345920
020.1084.520000 9.92 Fuel Surcharge 206290IN 011.0010191 345920
020.1084.520000 12.95 Regulatory Compliance Fee 206290IN 011.0010191 345920
020.1084.520000 245.60 Sales Tax 206290IN 345920
3,004.47
SILVXS PRINTING NETWORK 011.1033.520000 969.87 OPERATIONAL PERMIT FIRE 25575 011.0010150 345921
INSPECTION
011.1033.520000 87.29 Sales Tax 25575 345921
1,057.16
SO. CAL LAND MAINTENANCE, 011.1049,590000 2,501.80 Maintenance Services 3618 345922
INC.
2,501.80
SPECIALTY TECHNICAL 011.1060.596600 342.50 Environmental Assessment of Property R111439i9 345923
PUBLISHERS
342.50
Printed:11/2612014 11:31 24AM Page 25 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
STAPLES ADVANTAGE 011.1002.520000 54.47 Office Supplies, — 3245993242 011.0010162 345924
011A002.520000 4.90 Sales Tax 3245993242 345924
59.37
SUPERIOR PAVEMENT MARKINGS 011.1043.900000 12,633.00 Pavement Markings/Striping 5536 345925
INC
12,633.00
TERESA MCALLISTER 011.1026.502030 175.00 Vision Benefits 110414 345926
011.1026.502030 175.00 Vision Benefits: Spouse 110414(B) 345926
350.00
THOMSON REUTERS 011.1024.596600 371.28 West Information Services 830630446 345927
371.28
THOMSON REUTERSIBARCLAYS 011.1060.596600 355.00 Public Safety&Water 082114 345928
355.00
VASQUEZ& COMPANY, LLP 011.1004 595200 15,000.00 Professional Services 2141010IN 345929
15,000.00
VERNON SANITATION SUPPLY CO. 011.120010 2,709.00 0552-800 Georgia Pacific#20603 C-Fold 164515 011.0010152 345930
011.120010 243.82 Sales Tax 164515 345930
2,952.82
VERSATILE INFORMATION 011.9019.590110 3,197.00 PUMA MgmlApplication Software 12011411301504 345931
PRODUCTS
3,197.00
Printed 11/26/2014 11,31:24AM Page 26 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
VICTOR ENCISO 011.1046.596700 70.00 Class B Driver License Renewal 110514 345932
70.00
WHIT-TIER JUDICIAL DISTRICT 011.1031.594200 400.00 Parking Citations 102814 345933
400.00
WILLIAMS DATA MANAGEMENT 011.1003.596200 333.00 Storage Fees 320661 345934
011.1003.596200 1,017.27 Storage&Mobile Shred Service 321729 345934
011.1024.596200 78.00 Storage&Mobile Shred Service 321729 345934
1,428.27
TOTAL PRINTED CHECKS $ 133,064.87
Printed:11/26/2014 11:31:24AM Page 27 of 28
CITY OF VERNON
WARRANT REGISTER NO. 1413
DECEMBER 9, 2014
RECAP BY FUND
EARLY PRINTED
FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL
011 -GENERAL $ 677,647.92 $ 338,187.92 $ 121,737.68 $ 1,137,573.52
020-WATER 444,428.95 88,187.03 10,872.19 543,488.17
057- FIBER OPTIC 0.00 5,378.75 0.00 5,378.75
060- HAZARDOUS WASTE 0.00 0.00 455.00 455.00
GRAND TOTAL $ 1,122,076.87 $ 431,753.70 $ 133,064.87 $ 1,686,895.44
TOTAL CHECKS TO BE PRINTED 65
Printed 11/26/2014 11:31'24AM Page 28 of 28
FV
h
RECEIVED w+ ` = RECEIVED
DEC 01 2014 NOV 2 6 2014
CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION
FINANCE/TREASURY DEPARTMENT ( l 1
DATE: November 26, 2014
TO: Honorable Mayor and City Council
FROM: William Fox, Finance Director�1 It
RE: Light & Power Warrant Register for City Council Agenda of December 9, 2014
It is recommended that the attached Light & Power Warrant Register No. 378 be approved at the City Council
meeting of December 9, 2014.
Light & Power Warrant Register No. 378 totals $5,625,535.50, and covers claims and demands presented during
the period of November 11 through November 24, 2014, drawn, or to be drawn, from East West Bank.
The following list details the components of Light & Power Warrant Register No. 378:
1. Ratification of wire transfers totaling $5,513,809.72;
2. Ratification of the issuance of early checks totaling $49,216.85; and
3. Authorization to issue pending checks totaling $62,508.93.
RECEIVED
NOV 2 6 2014
CITY ADMINISTRATION
� eh�t •�k�,i �
LIGHT& POWER
t WARRANT REGISTER NO. 378
h DECEMBER 9, 2014
fi o'ter
I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed
register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and
payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant
funds are available for payments thereof. Numbers:
William Fox
Finance Director
Date:
Printed:11/26/2014 11:28:34AM Page 2 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
WIRES
ACCOUNT DATE WIRE
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
CALIFORNIA ISO 055.9200.500150 13,839.14 Revised Charges 01/14 201411053128630 5709
013
055.9200.500150 -35,664.64 Revised Charges 01/14 201411053128630 5709
013
055.9200.500190 -2.77 Revised Charges 01/14 201411053128630 5709
013
055.9200.500170 635.28 Revised Charges 10/14 201411053128630 5709
013
055.9200.500150 -62,199.32 Revised Charges 10114 201411053128630 5709
013
055.9200.500190 -1,396.55 Revised Charges 10/14 201411053128630 5709
013
055.9200.500210 -42.02 Revised Charges 10/14 201411053128630 5709
013
055.9200.600150 -18,687.35 Initial Charges 11/14 201411053128630 5709
013
055.9200.500150 15.43 Initial Charges 11/14 201411053128630 5709
013
055.9200.500190 1,060.24 Initial Charges 11/14 201411053128630 5709
013
055.9200.500210 3,272.46 Initial Charges 11/14 201411053128630 5709
013
055.9200.500150 139,267.84 Initial Charges 10114 201411053128630 5709
013
055.9200.500170 822,258.75 Initial Charges 10114 201411053128630 5709
013
055.9200.500190 3,445.11 Initial Charges 10/14 201411053128630 5709
013
055.9200.500210 14,148.43 Initial Charges 10/14 201411053128630 5709
013
Printed 11/26/2014 11 28 34AM Page 3 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
WIRES
ACCOUNT DATE WIRE
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
CALIFORNIA ISO 055.9200.500240 1,456.79 Initial Charges 10/14 201411053128630 5709
013
055.9200.500150 164.18 Revised Charges 11/11 201411053128630 5709
013
055.9200.500170 2.03 Revised Charges 11/11 201411053128630 5709
013
11/12/2014 881,573.03
CALIFORNIA ISO 055.9200.500170 -5,647.35 Initial Charges 11/14 201411113128657 5710
037
055.9200.500150 174,162.52 Initial Charges 11/14 201411113128657 5710
037
055.9200.500190 8,847.28 Initial Charges 11/14 201411113128657 5710
037
055 9200.500210 11,696.23 Initial Charges 11/14 201411113128657 5710
037
055.9200.500150 -11,241.45 Revised Charges 10/14 201411113128657 5710
037
055.9200.500170 -3,168.74 Revised Charges 10/14 201411113128657 5710
037
055 9200.500190 -101.93 Revised Charges 10/14 201411113128657 5710
037
055.9200.500210 -92.30 Revised Charges 10/14 201411113128657 5710
037
11/17/2014 174,454.26
EAST WEST BANK 055.9000.596500 32 00 Ticket Change Charge 102114 5711
055.9000.596500 333.84 Airfare: Staff 102114 5711
055.9000.520000 56.37 Luncheon Meeting 102114 5711
055 9100.596600 192.00 Membership: Staff 102114 5711
Printed:1112612014 M28:34AM Page 4 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
WIRES
ACCOUNT DATE WIRE
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
EAST WEST BANK 055.9000 596500 -476.80 Refund 102114 5711
055.9200.596700 1,680.00 Registration: Staff 102114 5711
055.9100.596600 1,275.00 Training: Staff 102114 5711
11/17/2014 3,092.41
POWEREX CORP. 055 9200.500150 690,644.09 ENERGY PURCH 10/14— 50580312 5712
11/20/2014 690,644.09
MORGAN STANLEY CAP GROUP 055.9200.500150 49,500.00 ENERGY PURCH 10/14-- 12941051 5713
INC.
11/20/2014 49,500.00
CITY OF BURBANK 055.9200.500150 36,000.00 ENERGY PURCH 10/14— 113463 5714
11/20/2014 36,000.00
BICENT(CALIFORNIA) MALBURG 055,9200.500150 378,601.53 Energy Related Payments 10201401 5715
055 9200 500180 2,017,517.40 Capacity Payment 10201401 5715
055.9200 500150 -2,641 18 Replacement Energy Payment 10201401 5715
11/20/2014 2,393,477.75
PETRELLI ELECTRIC INC. 055200400 459,420.69 Electric Service Maintenance 14826 5716
055.200400 825,647.49 Electric Service Maintenance 14827 5716
11/21/2014 1,285,068.18
TOTAL WIRES $ 5,513,809.72
Printed 11I2612C14 11 28:34AM Page 5 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
EAN SERVICES, LLC 055.9000.596500 158.59 Car Rental Fee 3769952 511101
055 8000.596700 128.43 Car Rental Fee 3769952 511101
11/13/2014 287.02
FEDEX 055.9000.520000 106.30 Service Period: 10114 282376942 511102
055.9000.520000 30.89 Service Period: 10114 283086519 511102
055.9000.520000 49.84 Service Period: 10114 283811795 511102
11/13/2014 187.03
HOWARD INDUSTRIES, INC., 055.120010 5,130.00 Polemount Transformer-- 101014VRS 055.0002163 511103
055.120010 4,326.00 Polemount Transformer- 101014VRS 055.0002163 511103
055.120010 5,448.00 Polemount Transformer- 101014VRS 055.0002163 511103
055.120010 9,612.00 Polemount Transformer- 101014VRS 055.0002163 511103
055.120010 2,206.44 Sales Tax 101014VRS 511103
11/13/2014 26,722.44
SANTAFE BUILDING 055.8400.596200 2,152.78 Janitorial Service 13300 511104
MAINTENANCE
11/13/2014 2,152.78
SOUTHERN CALIFORNIA EDISON 055.8100.560010 5100 Service Period: 09/29- 10/29 103014 511105
055.9200.560010 748.64 Service Period: 10/14 110414 511105
11/13/2014 799.64
ASBURY ENVIRONMENTAL 055.8400.590000 422.36 Drums 130466211 511106
SERVICES
11/18/2014 422.36
Printed:11126/2014 11:26 34AM Page 6 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
D&D REFRIGERATION, INC 055.8400.596200 525.00 Maintenance& Repairs 35548 511107
11/18/2014 525.00
IRENE CASTILLO 055.9000.596500 23.30 Communication Skills for Women 110614 511108
11/18/2014 23.30
LISA UMEDA 055.9000.596500 164.00 WECC Human Performance Working 110614 511109
Group
11/18/2014 164.00
OCEAN BLUE ENVIRONMENTAL 055.8300.590000 10,538.70 Repairs& Maintenance 25179 511110
11/18/2014 10,538.70
JOINT POLE COMMITTEE 055,9100 596200 127.01 Operating Expenses 18368 511111
SOUTHERN
11/18/2014 127.01
BLX GROUP LLC 055.9000.592013 2,250.00 Professional Services 416121085207191 511112
3
055 9000.592013 2,750.00 Professional Services 416121258907161 511112
4
11/25/2014 5,000.00
CURRENT WHOLESALE ELECTRIC 055.8000.590000 763.00 Electrical parts-- 101414VRS 055.0002189 511113
055.8200.590000 270.91 Electrical parts— 101414VRS 055,0002189 511113
11/25/2014 1,033.91
FEDEX 055.9000.520000 62.28 Service Period: 11/14 284537788 511114
11/25/2014 62.28
Printed.11/2612014 11:28:34AM Page 7 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9,2014
EARLY CHECKS
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
HOME DEPOT CREDIT SERVICES 055.8000.590000 87.73 Hardware Supplies- 100414VRS 055.0002178 511115
055.8300.590000 170.38 Hardware Supplies- 100414VRS 055.0002178 511115
055.8400.590000 7.76 Hardware Supplies- 100414VRS 055.0002178 511115
11/25/2014 265.87
JAVIER VALDEZ 055.9000.596550 689.44 City Staff outing to Jawbone Canyon 101414 511116
11/25/2014 689.44
JORRIE ESTRADA 055.8100.596500 150.75 SEL Relay Training 111014 511117
11/25/2014 150.75
WALTERS WHOLESALE ELECTRIC 055.8200.590000 65.32 Electrical Parts- 102314VRS 055.0002184 511118
CO.
11/25/2014 65.32
TOTAL EARLY CHECKS $ 49,216.85
Printed:11/26/2014 11:28:34AM Page 8 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
BACKFLOW APPARATUS&VALVE 055.8400.590000 40.00 Backflow valve inspection 688100 511119
CO.
4000
BASEM ANDRAWOS 055.9100.596500 15.36 SCPPA Operation Meeting 111814 511120
15.36
CRAIG WELDING SUPPLY CO. 055 8000.590000 262.27 Refill Cylinders- 103014VRS 055.0002185 511121
262 27
ETHOSENERGY FIELD 055.8200.590000 13,892 30 Annual Inspections IN44519 511122
SERVICES,LLC
13,892.30
JACK MEGORDEN 055.9100.596500 15.36 SCPPA Operation Meeting 111814 511123
15.36
JEFF FRAGA 055.9100.596500 15.36 SCPPA Operation Meeting 111814 511124
15.36
LEWIS BRISSOIS BISGAARD& 055.9000.593200 198.00 Utility Operations 1393229 511125
198.00
LOS ANGELES ELEVATOR 055.8400 590000 90.00 Elevator Service 7682 511126
SERVICES
90.00
OPEN ACCESS TECHNOLOGY INC. 055.9200.596200 620.92 ETS Tagging Services-- 106972 055.0002205 511127
620.92
Printed:11/26/2014 11:28:34AM Page 9 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
POWER CONSULTANTS INC. PORT 055.9000 900000 6,120.00 Contract Services VERNPVHOCT14 511128
CA
055.9000 596200 9,180.00 Contract Services VERNPVHOCT14 511128
055.9000.596200 9,360.00 Contract Services VERNPVHOCT14 511128
24,660.00
POWERMETRIX 055.8000.590000 525.00 Point Calibration Check— 13331 055,0002218 511129
055.8000.590000 175.00 Powermate Repair 13331 055.0002218 511129
055.8000.590000 150.00 Probe Set Repair 13331 055.0002218 511129
055.8000.590000 80.00 Freight 13331 055.0002218 511129
930.00
RENU RESOURCES, LLC. 055.9000.900000 6.000.00 Property Management 75 511130
055.9000.900000 6,000.00 Property Management 76 511130
055.9000.900000 6,000.00 Property Management 77 511130
18,000.00
V-BAR, LLC 055.9000.900000 3,670.00 Meteorological Data Collection 1410 511131
3,670.00
VIET NGUYEN 055.9100.596500 15.36 SCPPA Operation Meeting 111814 511132
15.36
WEIDMANN DIAGNOSTIC 055.8000.590000 84.00 Transformer Oil Samples-- 6200045576 055 0002186 511133
SOLUTIONS,
84.00
TOTAL PRINTED CHECKS $ 62,508.93
Punted 11I2612014 11,28:34AM Page 10 of 11
LIGHT& POWER
WARRANT REGISTER NO. 378
DECEMBER 9,2014
RECAP BY FUND
EARLY PRINTED
FUN❑ WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL
055- LIGHT&POWER $ 5,513,809.72 $ 49,216.85 $ 62,508.93 $ 5,625,535.50
GRAND TOTAL $ 5,513,809.72 $ 49,216.85 $ 62,508.93 $ 5,625,535.50
TOTAL CHECKS TO BE PRINTED 15
Printed:11/26/2014 11:28:34AM Page 11 of 11
�v
RECEWE® RECEIVED
DEC 01 Z014 NOV 2 6 2014
CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION
FINANCE/TREASURY DEPARTMENT
=40
DATE: November 26, 2014
TO: Honorable Mayor and City Council
FROM: William Fox, Finance Director 0-�—
RE: Gas Warrant Register for City Council Agenda of December 9, 2014
It is recommended that the attached Gas Warrant Register No. 166 be approved at the City Council meeting of
December 9, 2014.
Gas Warrant Register No. 166 totals $13,213.11, and covers claims and demands presented during the period of
November 11 through November 24, 2014, drawn, or to be drawn, from East West Bank.
The following list details the components of Gas Warrant Register No. 166:
1. Ratification of the issuance of early checks totaling $8,214.03; and
2. Authorization to issue pending checks totaling $4,999.08.
0I VZIP
CITY OF VERNON
' GAS DEPARTMENT
. WARRANT REGISTER NO. 166
DECEMBER 9, 2014
I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed
register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and
payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant
funds are available for payments thereof. Numbers:
William Fox
Finance Director
Date:
Printed:11/26/2014 11:25:47AM Page 2 of 5
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 166
DECEMBER 9,2014
EARLY CHECKS _
ACCOUNT DATE CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT
A-BEST INDUSTRIAL 056.120010 611 16 MOONEY Filter Element for type, 30 IN5545 056.0000304 1218
056.120010 55.00 Sales Tax IN5545 1218
11/13/2014 666.16
JOHNSON- PELTIER 056.5600.900000 3,505.00 Conduit&Wire for Gas Meter 37051 1219
11/13/2014 3,505.00
SNEDAKER LAND SURVEYING 056.5600.900000 3,500.00 Professional Services 1306801A 1220
11/13/2014 3,500.00
DAN CORDOVA 056.5600.596700 134.47 IUWG Conference 102714 1221
11/18/2014 134.47
MEASUREMENT CONTROL 056,5600.590000 107.89 Gas Materials— 178074 056.0000282 1222
SYSTEMS
11/18/2014 107.89
HOME DEPOT CREDIT SERVICES 056.5600.520000 62.07 Small tools and plumbing hardware— 7262505 056.0000276 1223
11/25/2014 62.07
MERCURY INSTRUMENTS 056.120010 220.10 Telephone line surge protector-tii 523047341912908 056.0000297 1224
12
056120010 18.34 Freight 5230473419/2908 056.0000297 1224
12
11/25/2014 238.44
TOTAL EARLY CHECKS $ 8,214.03
Printed:11/26/2014 11 25:47AM Page 3 of 5
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 166
DECEMBER 9, 2014
PRINTED CHECKS
ACCOUNT CHECK
VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT
INTERSTATE GAS SERVICES, INC. 056.5600 596200 4,999.08 Natural Gas Consulting 7021205 1225
4.999.08
TOTAL PRINTED CHECKS $ 4,999.08
Printed:11126I2014 11:25 47AM Page 4 of 5
CITY OF VERNON
GAS DEPARTMENT
WARRANT REGISTER NO. 166
DECEMBER 9, 2014
RECAP BY FUND
EARLY PRINTED
FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL
056- NATURAL GAS $ 0.00 $ 8,214.03 $ 4,999.08 $ 13,213.11
GRAND TOTAL $ 0.00 $ 8,214.03 $ 4,999.08 $ 13,213.11
TOTAL CHECKS TO BE PRINTED 1
Printed:11126/2014 11:25.47AM Page 5 of 5
�s
DECEIVED
7
NOV 2 6 2014
RECEIVED
DEC 01 2014 CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT �..
FIRE DEPARTMENT .fir
DATE: December 9, 2014
TO: Honorable Mayor and City Council
FROM: Michael A. Wilson, Fire Chief 017
RE: LA-RIGS Site Access Agreement for LTE Project
Recommendation
It is recommended that the City Council:
1. Find that the approval proposed in this staff report is exempt from review under the
California Environmental Quality Act ("CEQA") pursuant to Public Resources Code
Section 21080.25, the statutory CEQA exemption adopted specifically for the LA-RICS
project. To the extent any leased circuit work that may occur outside of the PSBN site(s)
is needed to provide connectivity to the site(s), such work is categorically exempt under
CEQA pursuant to CEQA Guidelines Sections 15301, 15303, and 15304.
2. Approve and authorize the City Administrator to execute the Site Access Agreement with
the Los Angeles Regional Interoperable Communications System (LA-RICS) Authority,
in substantially the same form as submitted herewith. Approval of the Site Access
Agreement does not constitute a commitment or obligation to participate in LA-RICS as
a continuing member of the LA-RICS Authority.
Background
The LA-RICS Authority is seeking to establish a modern, integrated wireless voice and data
communication system to serve law enforcement, fire service, and health service professionals
throughout Los Angeles County. As part of this project, LA-RICS identified two potential
communication sites within the City of Vernon, and is seeking permission to begin proposed
PSBN site design documents. These documents will include architectural and engineering plans,
zoning plans, soil reports, and other documents required to construct the proposed broadband
communication sites.
Proposed Project
By entering into the Site Access Agreement (SAA), the City of Vernon would license the use of
a portion of their owned or leased property to the LA-RICS Authority for use as a Long Term
Evolution (LTE) broadband communications site(s). The licensed site(s) would include all
necessary space and easements for access and utilities to construct, install, operate, maintain and
repair an unmanned LTE communications facility. Proposed locations are listed in Table 1
below.
Table 1
Proposed LA-RICS LTE Site Locations Subject to Site Access Agreement
Location Existing On-Site Facilities Proposed LA-RICS LTE Facilities
Fire Station No. 1 N/A 3375 Fruitland Avenue
Fire Station No. 3 N/A 2800 Soto Avenue
Approval of the Site Access Agreement does not constitute the City's approval of any site plans;
the LA-RICS Authority must still comply with any and all building permitting and approval
processes required by the City.
Entry into the SAA also does not constitute or guarantee the City of Vernon's participation in
LA-RICS as a continuing member of the LA-RICS Authority. The City of Vernon may choose to
grant site access for the purpose of advancing public safety needs in the area by allowing for
coverage to be maximized for the regional network, and not participate in LA-RICS as a
member. Improved coverage allows for more meaningful mutual aide responses in time of
emergencies, with the proposed PSBN solution enabling first responders to instantly access
mission critical information that can improve the outcome of emergency responses.
The SAA is included as Attachment A.
Project Analysis
Issue
The LA-RICS Authority, a California Joint Powers Authority, was established in 2009 to
engage in a region-wide cooperative effort to plan and establish a wide-area interoperable
public safety communications network known as LA-RICS. When commissioned, the
system would provide first and secondary responders with the technology to coordinate, in
real time, their response during emergencies. The LA-RICS is made up of two independent
systems, the PSBN (also known as LTE) and the Land Mobile Radion (LMR) Systems.
To implement these proposed systems, the LA-RICS Authority must enter into SAAs with
many of its 86 member agencies.
Background
LA-RICS is planned as an integrated system serving the Los Angeles County region,
including the 88 cities and unincorporated area within a 4,084 square-mile service area,
through voice and data radio communications systems. These systems constitute an
interoperable communications network that would improve communications for first and
secondary responders to communicate, in real time and across jurisdictional boundaries, for
emergency response.
Key to the system are the voice and data components, allowing first and secondary
responders to transmit video to inform communications and response plans as events unfold.
LA-RIGS will construct, own, operate, and maintain the systems. For purposes of the LTE
system, monopoles of no more than 70-feet (without appurtenances) would be constructed at
sites throughout Los Angeles County. Where existing towers on-site meet project
performance criteria, LTE antennas will be collocated wherever possible.
The LTE System is made of LTE broadband wireless network technology and will provide
day-to-day data communication service for individual public safety agencies, provide
emergency responders with high-speed access to life-saving multimedia information, and
support the National Public Safety Broadband Initiative. The LTE system will provide a
secure 4G data network to provide high-speed video and data access that is exclusive to
public safety response.
Discussion
Currently, there is no adequate common communication system for all first responders in the
Los Angeles region. Instead, there are 40 different radio systems serving 50 law enforcement
agencies and 31 fire departments. Without interoperable communications, coordination is
neither possible during initial response, nor for a period of time after arrival at the scene. It is
the goal of LA-RICS, in concert with its member agencies, to fill this gap and provide a
public safety grade voice and data distribution network that is interoperable. This
interoperable system will facilitate timely and effective responses to emergencies while
supporting routine day-to-day communications.
By granting approval for the execution of the SAA with LA-RICS, the City of Vernon will
assist in making the goal of interoperable communications in Los Angeles County a reality.
City of Vernon Site Access
To begin construction of the City of Vernon LTE sites, the SAA must be executed between the
City and the LA-RICS Authority (Attachment A). Staff seeks authority to enter into the SAA to
permit the LA-RICS Authority to use a portion of City real property to construct, operate,
maintain and repair an LTE communication facility at two approved sites owned by the City, as
listed in Table 1 above, and as more fully set forth in the SAA.
Under the SAA, access is not contingent upon the City's membership or use of the LA-RICS
Authority communications system. The City's decision regarding membership and use is
required by November 2015, after the system has been built.
Environmental Review Requirements
Approval and execution of the SAA, and all work at the LTE site(s) covered by the Site Access
Agreement, is statutorily exempt from review under CEQA. On January 10, 2012, Assembly
Bill 1486 (codified at Public Resources Code Section 21080.25) was passed which granted the
LA-RICS Authority exemption for the proposed PSBN sites.
As the CEQA Lead Agency, the LA-RICS Authority has determined that all of the LTE sites,
including those covered by the City's SAA, meet all of the criteria listed above, and that this
determination is supported by substantial evidence in the custody of the Authority.
The project is also subject to the National Environmental Protection Act (NEPA) requirements,
and LA-RICS expects to receive full environmental clearance to begin construction by the end of
the year.
Upon City Council's approval of the recommended actions, the LA-RICS Authority will file
Notices of Exemption for the individual project site(s) covered by the SAA with the Registrar
Recorder/County Clerk pursuant to Section 15062 of the State CEQA Guidelines.
Fiscal Impact
None. The total cost of the construction and maintenance of the monopoles/LTE Sites will be the
responsibility of the LA-RICS Authority.
LTE SITE ACCESS AGREEMENT
THIS SITE ACCESS AGREEMENT ("Agreement"), is made and entered into in
duplicate original this day of 2014,
BY AND BETWEEN CITY OF VERNON, a body corporate and
politic, hereinafter referred to as "Owner"
AND THE LOS ANGELES REGIONAL
INTEROPERABLE COMMUNICATIONS
SYSTEM AUTHORITY, a Joint Powers
Authority, hereinafter referred to as "LA-
RICS Authority."
RECITALS:
WHEREAS, the LA-RICS Authority is a joint powers authority which was
established pursuant to a Joint Powers Agreement dated January 2009 ("JPA") for the
purpose of coordinating governmental services to establish a wide-area interoperable
public safety communications network commonly known as LA-RICS;
WHEREAS, Owner owns certain real property, and is willing to allow LA-RICS the
use of portions of the real property described and depicted in Exhibit A (Site List) attached
hereto and incorporated by this reference ("Real Property"); and
WHEREAS, LA-RICS Authority desires to use of a portion of the Real Property for
use as a Long Term Evolution broadband ("Broadband" or "LTE") communication site;
and
WHEREAS, the parties hereto acknowledge that: (a) LA-RICS AUTHORITY has
retained Motorola ("LMR Vendor") to design, construct, and perform services with respect
to a regional interoperable LMR telecommunications system as a part of the LA-RICS; (b)
the LA-RICS Authority has retained Motorola ("LTE Vendor") to design and construct a
regional interoperable Broadband telecommunications system as a part of the LA-RICS;
(c) the federal First Responder Network Authority may, or may not retain one or more
vendors (collectively, the "First Net Parties"), to design and construct a national
interoperable Broadband telecommunications system of which the LA-RICS may be a
part; and (d) any of the LA-RICS Authority member agencies may assume the LA-RICS
Authority's rights and obligations under this Agreement and/or may perform services with
respect to this LA-RICS; and
WHEREAS, LA-RICS AUTHORITY is willing to accept and exercise the rights
granted by this Agreement for use of an LTE site located on the Real Property in
accordance with the terms and conditions prescribed herein.
HOA.1112427.1 1
NOW, THEREFORE, in consideration of the foregoing recitals, which are hereby
deemed a contractual part hereof, and the mutual promises, covenants, and conditions
set forth herein, the parties hereto agree as follows:
1. LTE SITE; LICENSE
1.01 Owner hereby licenses to the LA-RICS AUTHORITY and LA-RICS
AUTHORITY hereby accepts from Owner on the terms and conditions set forth herein,
the use of land within a portion of the Real Property, including applicable non-exclusive
easements for site access and utilities as described and/or depicted on Exhibit A (Site
List) attached hereto and incorporated herein by reference, to install and operate an
unmanned LTE communication facility (collectively, the "LTE Site" and each,
individually, a "LTE Site").
1.02 The LA-RICS AUTHORITY acknowledges its personal inspection of the
LTE Site and the surrounding area and evaluation of the extent to which the physical
condition thereof will affect its operations. The LA-RICS AUTHORITY accepts the LTE
Site in its as-is condition, and Owner makes no warranty, express or implied, as to the
suitability of the LTE Site or the Real Property for the LA-RICS AUTHORITY's use; its
physical condition, including the condition and stability of the soils or groundwater on or
under any of the Real Property; and the presence of pollutants or contaminants therein.
1.03 LA-RICS AUTHORITY, the LTE Vendor, and/or the First Net Parties may
make or construct or cause to be made or constructed additions, alterations, repairs,
replacements or other changes to the LTE Site at the LA-RICS AUTHORITY's expense
in accordance with all of the terms and conditions of this Agreement.
1.04 LA-RICS AUTHORITY hereby acknowledges the title or other legal right of
possession of the Owner or its successors in the Real Property and covenants and
agrees never to assail, contest, or resist said title.
1.05 Ownership of all improvements constructed by the LA-RICS AUTHORITY
upon each and every site comprising the LTE Site and all alterations, additions or
betterments thereto shall remain with the LA-RICS AUTHORITY or other agencies as
may be provided by any applicable LA-RICS grant requirements. The LA-RICS
AUTHORITY may remove any of its own improvements to the Real Property at any time
during the term of this Agreement, and Owner hereby waives any and all lien rights it
may have in relation thereto, statutory or otherwise.
2. PURPOSE AND USE
2.01 The purpose of this Agreement is to allow the LA-RICS AUTHORITY to use
the LTE Site for the installation, operation, maintenance, and repair of a Broadband
communication facility. The LA-RICS AUTHORITY (and/or its member agencies, the
LTE Vendor, the First Net Parties and/or other agents): (a) shall have the right to
construct, install, repair, remove, replace, maintain, and operate the LA-RICS
AUTHORITY's LTE communications system, which typically consists of, without
HOA.1112427.1 2
limitation, the infrastructure, shelters, equipment and related improvements listed on
Exhibit B (Equipment List) attached hereto and incorporated herein by this reference
(such LTE system and associated infrastructure, shelters, equipment and related
improvements, collectively, the "LA-RICS Facility") and other related materials as may
be deemed necessary by the LA-RICS AUTHORITY, and (b) shall be allowed access
over, through and across each site comprising the Real Property, in the locations
described in Exhibit C, for ingress to and egress from the applicable LTE Site 24 hours
per day, 7 days per week without notice. Each LTE Site shall be used only for the
purposes authorized by this Section 2.01, and such other purposes as are directly
related thereto, and for no other purposes whatsoever (collectively the "Permitted
Activities").
2.02 The LA-RICS AUTHORITY shall ensure that all usage of the LTE Site and/or
the Real Property hereunder, including without limitation usage by its member agencies,
officers, agents, contractors and employees, including the LTE Vendor and the First Net
Parties, is in compliance with all terms and conditions of this Agreement.
2.03 Nothing contained in this Agreement shall be deemed or construed in any
way to limit the Owner's authority to exercise any right or power concerning the
utilization of the Real Property including without limitation the LTE Site; provided,
however, that such Owner authority shall not include the exercise of any right or power
that would materially interfere with the LA-RICS Facility for the purposes provided in
this Agreement.
3. APPROVALSMESIGN REVIEW
The LA-RICS AUTHORITY shall furnish and submit to Owner copies of project
plans and specifications (along with any other information reasonably requested by
Owner) for the LTE Site at the 50%, 75%, and 100% stages of design development, for
Owner's review and approval. LA-RICS AUTHORITY agrees to discuss with Owner the
Owner's concerns, if any, regarding the proposed plans and to work in good faith to
address such concerns prior to implementation of said plans. If Owner's concerns cannot
be resolved to the satisfaction of the parties, then the rights provided by this agreement
shall be terminated upon 30 days written notice to the other party.
Upon the Owner's and LA-RICS AUTHORITY's approval of the final site plan for
the LTE Site, such final site plan will be deemed incorporated herein by reference as
Exhibit C (Site Plan). Any and all construction drawings attached hereto as Exhibit C
upon commencement of this Agreement will be replaced by a future set of drawings/final
site plan pending applicable building permit process(es) and final approval by Owner and
deemed incorporated herein as the final Exhibit C. Owner and the LA-RICS AUTHORITY
acknowledge that the LA-RICS AUTHORITY is a California joint powers authority whose
members have specified, pursuant to Section 4.04 of its Joint Powers Agreement and
Section 6509 of the California Government Code, that all common powers exercised by
the LA-RICS AUTHORITY's Board of Directors shall be exercised in a manner consistent
with, and subject to all the restrictions and limitations upon the exercise of such powers,
HOA 1112427 1 3
as are applicable to the County of Los Angeles ("County") (i.e., the LA-RICS AUTHORITY
has adopted the County's operating mode). Accordingly, Owner and the LA-RICS
AUTHORITY agree that the LA-RICS AUTHORITY (i) will comply with the Owner's City
Building Code requirements and (ii) will seek only those governmental approvals that
would normally apply to the County, other than with respect to ministerial permits as
described below. Notwithstanding the foregoing, the parties agree that their cooperation
in addressing any concerns raised by the Owner is essential to the success of the LA-
RICS project and that Owner's prior approval of the site plans and specifications is
required prior to construction of same, as described in Section 3 (Approvals/Design
Review) and in Section 8 (Alterations).
Should ministerial permits be required, Owner shall expeditiously process such
permits within its jurisdiction. To the extent there may be costs associated with Owner's
review, such costs will be paid by LA-RICS AUTHORITY. The LA-RICS AUTHORITY
may perform and obtain, at the LA-RICS AUTHORITY's sole cost and expense, soil
borings, percolation tests, engineering reports, environmental investigations or other tests
or reports on, over, and under each LTE Site to the extent necessary to proceed with
design, construction, or for compliance with the California Environmental Quality Act
and/or the National Environmental Policy Act, and/or to determine if the LA-RICS
AUTHORITY's use of the LTE Site will be compatible with the LA-RICS AUTHORITY's
engineering specifications and design and operational requirements. Owner shall work
cooperatively and expeditiously with the LA-RICS AUTHORITY to complete review of any
project plans and specifications, so as not to delay the design and construction of the LA-
RICS Facility. In performing such tests, LA-RICS AUTHORITY shall disturb the LTE Site
only to the extent reasonably necessary and shall, to the extent reasonably practicable,
return the site to its original condition.
4. TERM
The term ("Term") of the Agreement shall commence upon full execution of this
Agreement ("Commencement Date") and shall terminate upon written notice of
termination (a) by LA-RICS AUTHORITY (b) by Owner pursuant to Section 28 (Default)
of this Agreement.
5. CONSIDERATION
The consideration for the use granted herein shall be LA-RICS AUTHORITY's
compliance with all of the terms and conditions of this Agreement.
6. CONDITIONS PRECEDENT TO INSTALLATION OR ALTERATIONS OF
EQUIPMENT
A. Owner shall have the opportunity to review and approve all project plans and
specifications for the LA-RICS AUTHORITY's proposed alterations of the
equipment comprising the LA-RICS Facility (not including "like-kind"
replacements) after LA-RICS AUTHORITY's initial installation of the LA-RICS
HOA.1112427.1 4
Facility on the LTE Site. In addition, Owner shall have the right to inspect said
equipment and the LTE Site at any time during and after installation upon not
less than 24 hours prior written notice to the LA-RICS AUTHORITY (except in
cases of emergency pursuant to Section 14 hereof (Emergency Access) and,
at LA-RICS AUTHORITY's option, with the right to require an LA-RICS
AUTHORITY representative to accompany Owner during any such inspection
of or access to a LTE Site. The LA-RICS AUTHORITY shall not commence
installation of equipment or alteration of a LTE Site, or any portion thereof, until
the Owner has reviewed and approved the plans and specifications. Owner's
review and approval of the plans shall not release the LA-RICS AUTHORITY
from the responsibility for, or the correction of, any errors, omissions or other
mistakes that may be contained in the plans and specifications. The LA-RICS
AUTHORITY shall be responsible for notifying Owner and all other relevant
parties immediately upon discovery of such omissions and/or errors. The LA-
RICS AUTHORITY shall not cause or permit any change of any equipment
installed by the LA-RICS AUTHORITY on a LTE Site including power outputs
or changes in the use of frequencies described in Exhibit B hereto (Equipment
List), but not including "like-kind" replacements, except after Owner has been
provided an opportunity to review and approve such plans and specifications.
B. Notwithstanding any other provision in this agreement to the contrary, in no
event shall LA-RICS Authority install or operate, or allow the installation or
operation of any equipment or other technology by or for third parties, or for
any purpose other than that directly within the purposes of the LA-RICS
authority, unless the City has expressly authorized such installation or
operation in writing in advance. For example, LA-RICS may not authorize a
third party telecommunication company (a "co-locator") to install its own
wireless telecommunication equipment anywhere on the Real Property. This
subsection shall not be interpreted as prohibit LA-RICS from hiring a private
party to install equipment for the sole use of LA-RICS.
7. INSTALLATION
7.01 LA-RICS AUTHORITY shall install the LA-RICS Facility at its own expense
and risk as approved by Owner in accordance with the terms hereof, and such
installation shall not cause radio frequency interference with equipment, transmission
or reception (operated currently or in the future) by the Owner. LA-RICS AUTHORITY
and/or its agent shall install interference protection devices such as isolators, cavities,
circulators, or combiners as required or recommended by accepted industry practices.
Each component of the LA-RICS Facility shall be clearly identified with LA-RICS
AUTHORITY's and, as applicable, member agency, LTE Vendor, and/or First Net
Party's name, address, telephone number, Federal Communications Commission
("FCC") Agreement and frequencies in use. Such identification shall be attached to
each component of the LA-RICS Facility in plain view.
HOA.1112427.1 5
7.02 LA-RICS AUTHORITY agrees that Owner may grant the use of any unused
portion of the Real Property to any third party for any purpose, so long as such uses do
not conflict or interfere with LA-RICS AUTHORITY's operations as provided for by this
Agreement. Any third party granted rights by the Owner shall be required to comply
with all applicable noninterference rules of the FCC.
7.03 Owner reserves the right, at its expense, to install on the Real Property,
including without limitation within the LTE Site, its own communications shelter,
telecommunication equipment, and appropriate tower space for telecommunications
and/or microwave (collectively, the "Owner Facilities") so long as the installation of said
Owner Facilities does not unreasonably interfere with LA-RICS AUTHORITY's
operations. LA-RICS AUTHORITY and Owner agree to make commercially reasonable
efforts to resolve any radio frequency interference issues with equipment, transmission
or reception caused by the installation of the Owner Facilities.
7.04 LA-RICS AUTHORITY accepts the LTE Site in an "as is" condition as of the
date of full execution of this Agreement. LA-RICS AUTHORITY shall have the right to
finance and construct approved equipment and related improvements on the LTE Site
at LA-RICS AUTHORITY's sole cost and expense, except as may be provided
otherwise by other agreements. Following the construction and installation of LA-RICS
AUTHORITY's infrastructure, shelter, equipment, and related improvements, LA-RICS
AUTHORITY may thereafter, at its sole cost and expense, perform construction,
maintenance, repairs, additions to, and replacements of its equipment as necessary
and appropriate for its ongoing business and has the right to do all work necessary to
prepare, modify and maintain the LTE Site to accommodate LA-RICS AUTHORITY's
infrastructure, shelter, equipment, and related improvements and as required for LA-
RICS AUTHORITY's operations of the LA-RICS Facility at the LTE Site, including any
structural upgrades required to accommodate LA-RICS AUTHORITY's infrastructure,
shelter, equipment, and related improvements on the LTE Site.
7.05 Upon completion of the installation of the equipment comprising the LA-
RICS Facility at the LTE Site or modification thereof, LA-RICS AUTHORITY shall
provide Owner with as-built drawings of the LA-RICS Facility ("As-Builts"). Such As-
Builts shall include the location of any of LA-RICS AUTHORITY shelters, cabinets,
grounding rings, cables, and utility lines associated with LA-RIGS AUTHORITY use of
the LTE Site in CAD and PDF formats. Upon receipt and approval of the As-Builts by
Owner, the As-Builts shall be deemed incorporated herein by reference as updates to
Exhibit C (Site Plan). In the event that LA-RICS AUTHORITY fails to deliver the As-
Builts as required by this section within ten business days of receipt of written notice,
Owner may cause such As-Builts to be prepared on behalf of LA-RIGS AUTHORITY
and Owner shall assess a fee for such As-Builts, the cost of which shall become
immediately due and payable to Owner upon invoice accompanied by supporting
documentation of such fee.
HOA.1112427.1 6
8. ALTERATIONS
LA-RICS AUTHORITY shall make no renovations, alterations or improvements to
the LTE Site or the Real Property other than to install, maintain, replace and operate the
LA-RICS Facility in accordance with the documentation attached hereto as Exhibits A
(Site List), B (Equipment List), and C (Site Plan) and/or as permitted elsewhere herein,
without providing prior written notice to Owner, provided that such renovations,
alterations, or improvements shall be consistent with the authorized use set forth in
Section 2.02 hereof. Notwithstanding the foregoing, however, it is understood and agreed
that LA-RICS AUTHORITY shall have the right to: (a) make repairs and replacements of
"like-kind" infrastructure, shelters, equipment, and/or related improvements without
providing notice to the Owner, and (b) perform any alterations or modifications that may
be required pursuant to the Spectrum Manager Lease Agreement between LA-RICS
AUTHORITY and the First Net Parties dated July 1, 2013 (the "Spectrum Lease
Agreement") or that may be required as a result of FCC rules or regulations, after
providing notice to the Owner. LA-RICS AUTHORITY agrees to submit to the Owner, for
review and approval, all plans and specifications, working drawings, and other information
reasonably required by the Owner covering proposed alterations by LA-RICS
AUTHORITY. All work to be done by LA-RICS AUTHORITY shall be performed in
accordance with the plans provided to and approved (where required) by Owner.
9. MAINTENANCE
Owner shall be responsible for maintenance of the Real Property, exclusive of the
LTE Site, and such maintenance responsibility shall include general upkeep, landscaping,
lawn-mowing, and related maintenance activities. The LTE Site shall be kept neat and
clean by LA-RICS AUTHORITY and ready for normal use by Owner and other users.
Should LA-RICS AUTHORITY fail to accomplish this, following 30 days written notice
from Owner, Owner may perform the work and LA-RIGS AUTHORITY shall pay the cost
thereof upon written demand by Owner.
LA-RICS AUTHORITY shall be responsible for the timely repair of all damage to
the LTE Site or the Real Property caused by its use thereof, including use by the LA-RICS
AUTHORITY, its employees, agents or business vendors, including without limitation the
LTE Vendor. Should LA-RICS AUTHORITY fail to promptly make such repairs after 30
days written notice from Owner, Owner may have repairs made and LA-RICS
AUTHORITY shall pay the cost thereof upon written demand by Owner.
10. CONSTRUCTION STANDARDS
Installation and maintenance of LA-RICS AUTHORITY's equipment including
without limitation the LA-RICS Facility shall be performed in a neat and workmanlike
manner and shall at all times comply in all respects to the statutes, laws, ordinances and
regulations of any governmental authority having jurisdiction which are applicable to the
installation, construction, operation and maintenance of LA-RICS AUTHORITY's
equipment, including but not limited to the Owner's City Building Code.
HOA.1112427.1 7
LA-RICS AUTHORITY shall remove any debris to the extent resulting from its or
its agents' or contractors' (including without limitation the LTE Vendor) use of the LTE
Site. In the event that LA-RICS AUTHORITY fails to remove such debris from the LTE
Site, Owner shall provide written notice to LA-RICS AUTHORITY and allow LA-RICS
AUTHORITY ten business days after receipt of notice to remove such debris. After the
expiration of such ten-business day period, Owner shall cause such debris to be removed
and invoice LA-RICS AUTHORITY for the reasonable costs of said removal.
11. OTHER OPERATIONAL RESPONSIBILITIES
11.01 As applicable, LA-RICS AUTHORITY or its LTE Vendor or the First Net
Parties shall:
(a) Comply with and abide by all applicable rules, regulations and
directions of Owner.
(b) At all times hold a valid FCC Agreement for the Permitted Activities
and comply with all applicable City and County ordinances and all State and Federal laws,
and, in the course thereof, obtain and keep in effect all required permits and Agreements
required to engage in the Permitted Activities on the LTE Site.
(c) Conduct the Permitted Activities in a courteous and non-profane
manner, operate without interfering with the use of the Real Property by Owner or the
public, except as herein permitted, and remove any agent, invitee or employee who fails
to conduct Permitted Activities in the manner heretofore described.
(d) Assume the risk of loss, damage or destruction to the LA-RICS
Facility and any and all fixtures and personal property belonging to LA-RICS AUTHORITY
that are installed or placed within the LTE Site, unless such loss, damage or destruction
was caused by the negligent or willful act or omission of the Owner, its agents, employees
or contractors.
12. RELOCATION
12.01 Owner shall have the right to request relocation of the LA-RICS Facility or
any portion thereof during the term hereof to another location on the Real Property
("Alternate Site"), provided:
(a) the Alternate Site: (i) is substantially similar to LA-RICS
AUTHORITY's current LTE Site in size, (ii) is compatible with LA-RICS AUTHORITY's
use pursuant to Section 2 hereof, and (iii) does not interfere with any portion of the LA-
RICS Facility or the LA-RICS system or equipment;
(b) Owner shall pay all costs incurred by LA-RICS AUTHORITY for
relocation of LA-RICS AUTHORITY's equipment from the LTE Site to the Alternate Site
and any improvement of the Alternate Site to make it substantially similar to the LTE Site,
including all costs incurred to obtain all of the certificates, permits, and other approvals
HOA.1112427 1 8
that may be required by any agency having jurisdiction, including costs required to comply
with CEQA and the National Environmental Policy Act (NEPA), as applicable, prior to any
activity at an Alternate Site that would constitute a "project" as that term is defined in Title
14, Section 15378 of the California Code of Regulations, as well as any soil boring tests
needed to permit LA-RICS AUTHORITY's use of the Alternate Site;
(c) Owner shall give LA-RICS AUTHORITY at least six (6) months
written notice before requiring relocation; and
(d) LA-RICS AUTHORITY's use pursuant hereto will not be interrupted
and LA-RICS AUTHORITY shall be allowed, if necessary, to place temporary equipment
on the Real Property during the relocation.
12.02 LA-RICS AUTHORITY shall have the right to request relocation of the LA-
RICS Facility or any portion thereof to an Alternate Site on the Real Property pursuant to
LA-RICS AUTHORITY's obligations under the Spectrum Lease Agreement, provided that:
(a) the Alternate Site: (i) is substantially similar to LA-RICS
AUTHORITY's current LTE Site in size, (ii) is compatible with LA-RICS AUTHORITY's
use pursuant to Section 2 hereof, and (iii) in the City's sole and good faith determination,
the City finds that use of the Alternate Site does not unreasonably interfere with the City's
use of the Real Property,
(b) LA-RICS AUTHORITY shall pay all costs relating to relocation of LA-
RICS AUTHORITY's equipment from the LTE Site to the Alternate Site and any
improvement of the Alternate Site to make it substantially similar to the LTE Site, including
all costs incurred to obtain all of the certificates, permits, and other approvals that may be
required by any agency having jurisdiction, including the City of Vernon, including costs
required to comply with CEQA and the National Environmental Policy Act (NEPA), as
applicable, prior to any activity at an Alternate Site that would constitute a "project" as that
term is defined in Title 14, Section 15378 of the California Code of Regulations, as well
as any soil boring tests needed to permit LA-RICS AUTHORITY's use of the Alternate
Site;
(c) LA-RICS AUTHORITY shall give Owner at least six (6) months
written notice of the requested relocation.
13. ACCESS TO LTE SITE
13.01 Owner hereby grants to the LA-RICS AUTHORITY, its member agencies,
the LTE Vendor, the First Net Parties, and other agents a nonexclusive right to use, at
their sole risk, during the term and option period of this Agreement, the access which
serves the LTE Site ("Access"). The LA-RICS AUTHORITY, on behalf of itself and its
member agencies, the LTE Vendor, and the First Net Parties, acknowledge and accept
the present condition of the Access on an "as is" basis. The LA-RICS AUTHORITY
shall provide Owner with notice of all of its representatives or agents who are authorized
to access the LTE Site pursuant to this Section.
HOA.1112427.1 9
13.02 LA-RIGS AUTHORITY acknowledges and agrees that occasions may
arise requiring the LA-RICS AUTHORITY to share in the cost of cleaning up of mud-
slide debris and repairing the Access to its original accessible condition after a storm or
heavy rainfall. LA-RICS AUTHORITY hereby agrees to pay its reasonable
proportionate share of such clean-up repair costs within thirty (30) days of receipt of an
invoice from Owner, and acknowledges and agrees that the details of any such clean-
up or repair and associated cost may be disclosed to LA-RIGS AUTHORITY by Owner
upon at least thirty (30) days' notice. Notwithstanding the foregoing, the LA-RICS
AUTHORITY's financial burden pursuant to this Section shall not exceed five thousand
dollars ($5,000) per incident.
14. EMERGENCY ACCESS BY OWNER
The Owner and its authorized agents may access the LTE Site at any time for the
purpose of inspection and/or for making emergency improvements or repairs to the LTE
Site orto interrupt orterminate LA-RICS AUTHORITY's transmission(s) from the LTE Site
should LA-RICS AUTHORITY be unable or unwilling to respond to Owner's request to
take immediate action to correct any deficiency which threatens Owner's operation on the
LTE Site, provided that Owner shall endeavor to provide a 24-hour prior notice to LA-
RICS AUTHORITY and shall access the LTE Site in the presence, if possible, of an LA-
RICS AUTHORITY representative, if provided by LA-RICS AUTHORITY.
Notwithstanding the foregoing, Owner shall not be required to provide notice to LA-RICS
AUTHORITY prior to entering the LTE Site due to an emergency, provided, however, that
under no circumstance shall the Owner access LA-RICS AUTHORITY's equipment
cabinets. Owner shall use its best efforts to minimize any inconvenience or disturbance
to LA-RICS AUTHORITY when entering the LTE Site. LA-RICS AUTHORITY shall
reimburse Owner within thirty (30) days of receipt of Owner's written request for Owner's
actual costs to correct any deficiency that is corrected by Owner pursuant to this Section.
15. RADIO FREQUENCY EMISSIONS/INTERFERENCE
15.01 No Interference. LA-RICS AUTHORITY shall not use the LTE Site in any
way which causes radio frequency ("RF") interference in excess of levels permitted by
the FCC, or otherwise interferes with the use of the Property by Owner or Owner's
agents, invitees or other licensees or users who may occupy portions of the Real
Property at the time this Agreement is entered into. LA-RICS AUTHORITY shall be
responsible for electromagnetic compatibility of LA-RICS AUTHORITY's equipment with
existing and future equipment at the Real Property.
15.02 Interference With Public Safety Systems. In the event of any
interference with Owner's Police or Fire Department, CWIRS, Paramedic or LAnet
systems, or any future public safety-related systems, which is caused by LA-RICS
AUTHORITY's equipment or operations, LA-RICS AUTHORITY shall be immediately
notified by Owner of such interference. Following such notification, the parties will
cooperatively discuss and reach agreement on how such interference will be resolved
at LA-RICS AUTHORITY's sole cost. In no event shall LA-RICS AUTHORITY be able
HOA 1112427 1 10
to continue such interference beyond the 7th day after issuance of the notice, unless
expressly authorized by the City in writing.
15.03 Interference With Non-Public Safety Systems. In the event LA-RICS
AUTHORITY's operations or equipment causes material interference with non-public
safety-related systems of Owner or any other duly authorized occupant of the Real
Property, written notice of such interference shall be provided to LA-RIGS AUTHORITY.
Following such notification, the parties will cooperatively discuss and reach agreement
on how such interference will be resolved at LA-RICS AUTHORITY's sole cost. Any
occupant of the Real Property, including the City, who currently has or in the future
takes possession of the Real Property will be permitted to install only such radio
equipment on the Real Property that is of the type and frequency which will not cause
measurable harmful interference with the existing equipment of LA-RICS AUTHORITY.
In no event shall LA-RICS AUTHORITY be able to continue such interference beyond
the 30th day after issuance of the notice, unless expressly authorized by the City in
writing.
15.04 Interference During Emergency. If any measurable interference caused
by LA-RICS AUTHORITY's equipment with Owner's electronic equipment during an
emergency incident occurs, the LA-RICS AUTHORITY will immediately cease
operation, transmission or further use of LA-RICS AUTHORITY's equipment until such
time as the emergency incident or interference has ended but LA-RICS AUTHORITY
shall be permitted to power up its equipment for intermittent testing with notice.
15.05 Compliance With Law. LA-RICS AUTHORITY is aware of its obligation
to comply with all applicable rules and regulations of the FCC pertaining to RF emissions
standards, as well as applicable rules and/or regulations of any other federal or state
agency (including without limitation the Occupational Safety and Health Administration
("OSHA") having jurisdiction over the installation, operation, maintenance and/or
working conditions involving the LTE Site. LA-RICS AUTHORITY agrees to be solely
responsible for compliance with all applicable FCC and other governmental
requirements with respect to its use of the LTE Site. LA-RICS AUTHORITY will
immediately remedy its operations to comply with such applicable laws, rules and
regulations as they apply to its operations, individually and in the aggregate, with all
applicable FCC and other applicable governmental RF emissions standards, but shall
only be liable for any violations of such applicable standards to the extent arising solely
from LA-RICS AUTHORITY's use of the LTE Site alone and not in combination with
others. Where LA-RIGS AUTHORITY's use of the LTE Site, in combination with others,
exceed or violates such standards, LA-RICS AUTHORITY shall reasonably cooperate
with Owner and with other relevant parties to mitigate such violations in a timely manner.
16. UTILITIES
LA-RICS AUTHORITY shall, at its sole cost and expense, cause the installation of
any utility service line required by or for the conduct of the Permitted Activities, and shall
be responsible for the payment of all utilities necessary for the operation of the LA-RICS
HOA 1112427.1 11
Facility on the LTE Site. If such installation is not feasible, as determined by Owner, LA-
RICS AUTHORITY acknowledges and agrees that LA-RICS AUTHORITY nonetheless
shall be responsible for any all costs of utilities used by LA-RICS AUTHORITY, which
costs will be invoiced by Owner and paid by LA-RICS AUTHORITY within thirty (30) days
of its receipt of such invoice.
17. HOLD HARMLESS AND INDEMNIFICATION
LA-RICS AUTHORITY agrees to indemnify, defend, save and hold harmless
Owner and its agents, elected and appointed officers, employees, and contractors from
and against any and all liability, expense (including, without limitation, defense costs and
legal fees), and claims for damages of any nature whatsoever, including, without
limitation, bodily injury, death, personal injury, or property damage arising from or
connected with LA-RICS AUTHORITY's operations or its services hereunder, including,
without limitation, any Workers' Compensation suit, liability, or expense, arising from or
connected with any action relating to this Agreement, including services performed on
behalf of LA-RICS AUTHORITY by any person pursuant to this Agreement including
without limitation the LTE Vendor.
Owner agrees to indemnify, defend, save and hold harmless LA-RICS
AUTHORITY and its member agencies, agents, elected and appointed officers,
employees, and contractors from and against any and all liability, expense (including,
without limitation, defense costs and legal fees), and claims for damages of any nature
whatsoever, including, without limitation, bodily injury, death, personal injury, or property
damage, to the extent caused by the negligence or willful misconduct of Owner and/or its
agents, elected and appointed officers, employees, and contractors in connection with
the performance of Owner's obligations hereunder.
18. INSURANCE
18.01 Without limiting LA-RICS AUTHORITY's obligations to Owner, LA-RICS
AUTHORITY shall provide and maintain, at its own expense during the term of this
Agreement, the following program(s) of insurance covering its operations hereunder.
Such insurance shall be provided by insurer(s) satisfactory to the Owner's Risk
Manager, and evidence of such programs satisfactory to the Owner Risk Manager, shall
be delivered to the City's Risk Manager, Paul Kiehl, on or before the effective date of
this Agreement. Such evidence shall specifically identify this Agreement and shall
contain express conditions that Owner is to be given written notice at least thirty (30)
days in advance of any modification or termination of any provisions of insurance and
shall name the Owner as an additional insured (except for the Workers' Compensation
Insurance). LA-RICS AUTHORITY may self-insure the insurance required under this
Agreement, but LA-RICS AUTHORITY will require its contractors and subcontractors to
provide commercial insurance as required in the Section, and any additional insurance
required by LA-RICS AUTHORITY of its contractor(s) and/or subcontractor(s), shall
name the Owner as an additional insured.
HOA.1112427 1 12
(a) General Liability. A program of insurance which shall be primary to
and not contributing with any other insurance maintained by Owner, written on ISO policy
form CG 00 01 or its equivalent, and endorsed to name the Owner as an additional
insured, and shall include, but not be limited to:
(1) Comprehensive general liability insurance endorsed
for Site-operations, productslcompleted operations, contractual, broad form property
damage, and personal injury with a limit of not less than
General Aggregate: $2 million
ProductslCompleted Operations Aggregate: $2 million
Personal and Advertising Injury: $1 million
Per occurrence $ 1 million
(2) Automobile Liability insurance (written on ISO form CA
00 01 or its equivalent) with a limit-of liability of not less than $1 million for each accident,
and providing coverage for all "owned," "hired" and "non-owned" vehicles, or coverage
for "any auto," used in LA-RICS AUTHORITY's business operations.
(b) Workers Compensation. If applicable, a program of workers'
compensation insurance in an amount and form to meet all applicable requirements of
the labor code of the State of California, and which specifically covers all persons
providing services on behalf of LA-RICS AUTHORITY and all risks to such persons under
the Agreement.
Each Accident: $1 million
Disease - policy limit: $1 million
Disease - each employee: $1 million
(c) Commercial Property Insurance. Such coverage shall:
• Provide coverage for Owner's property, and any improvements and betterments;
This coverage shall be at least as broad as that provided by the Causes-of-Loss
Special Form (ISO form CP 10 30), including Ordinance or Law Coverage, flood,
and Business Interruption equal to at least $2,000,000;
• Be written for the full replacement cost of the property, with a deductible no greater
than $250,000 or 5% of the property value whichever is less. Insurance proceeds
shall be payable to the Owner and LA-RICS AUTHORITY as their interests may
appear and be utilized for repair and restoration of the Premises. Failure to use
HOA 1112427 1 13
such insurance proceeds to timely repair and restore the Premises shall constitute
a material breach of the Agreement.
(d) Construction Insurance. If major construction work is performed by
LA-RICS AUTHORITY during the term of this Agreement (i.e. demolition of structures,
construction of new structures, renovation or retrofit involving structures frame, foundation
or supports, or more than 50% of building, etc.) then LA-RICS AUTHORITY or LA-RICS
AUTHORITY's contractor shall provide the following insurance. Owner shall determine
the coverage limits required on a project by project basis:
• Builder's Risk Course of Construction Insurance. Such
coverage shall insure against damage from perils covered by the
Causes-of-Loss Special Form (ISO form CP 10 30). This insurance
shall be endorsed to include earthquake, flood, ordinance or law
coverage, coverage for temporary offsite storage, debris removal,
pollutant cleanup and removal, testing, preservation of property,
excavation costs, landscaping, shrubs and plants, and full collapse
coverage during construction, without restricting collapse coverage
to specified perils. Such insurance shall be extended to include boiler
& machinery coverage for air conditioning, heating and other
equipment during testing. This insurance shall be written on a
completed-value basis and cover the entire value of the construction
project, including Owner furnished materials and equipment, against
loss or damage until completion and acceptance by the LA-RICS
AUTHORITY and the Owner if required.
• General Liability Insurance. Such coverage shall be written on ISO
policy form CG 00 01 or its equivalent, naming Owner as an
additional insured, with limits of not less than the following:
General Aggregate: $50 million
Products/Completed Operations Aggregate: $50 million
Personal and Advertising Injury: $25 million
Each Occurrence: $25 million
The Products/Completed Operations coverage shall continue to be
maintained in the amount indicated above for at least two (2) years
from the date the Project is completed and accepted by the LA-RICS
AUTHORITY and the Owner if required.
• Automobile Liability. such coverage shall be written on ISO policy
form CA 00 01 or its equivalent with limits of not less than $5 million
for bodily injury and property damage, in combined or equivalent split
limits, for each single accident. such insurance shall cover liability
arising out of LA-RICS AUTHORITY's or LA-RICS AUTHORITY's
HOA.1112427.1 14
contractor use of autos pursuant to this lease, including owned,
leased, hired, and/or non-owned autos, as each may be applicable.
Professional Liability. Such insurance shall cover liability arising
from any error, omission, negligent, or wrongful act of the LA-RICS
AUTHORITY's contractor and/or licensed professional (i.e.
architects, engineers, surveyors, etc.) with limits of not less than $5
million per claim and $10 million aggregate. The coverage shall also
provide an extended two-year reporting period commencing upon
expiration, termination or cancellation of the construction project.
• Workers Compensation and Employers' Liability Insurance or
qualified self-insurance satisfying statutory requirements. Such
coverage shall provide Employers' Liability coverage with limits of
not less than $1 million per accident. Such policy shall be endorsed
to waive subrogation against the Owner for injury to the LA-RICS
AUTHORITY's or LA-RICS AUTHORITY's contractor employees. If
the LA-RICS AUTHORITY's or LA-RICS AUTHORITY's contractor
employees will be engaged in maritime employment, the coverage
shall provide the benefits required by the U.S. Longshore and Harbor
Workers Compensation Act, Jones Act or any other federal law to
which the LA-RICS AUTHORITY is subject. If LA-RICS AUTHORITY
or LA-RICS AUTHORITY's contractor will provide leased employees,
or, is an employee leasing or temporary staffing firm or a professional
employer organization (PEO), coverage also shall include an
Alternate Employer Endorsement (providing scope of coverage
equivalent to ISO policy form WC 00 03 01 A) naming the Owner as
the Alternate Employer, and the endorsement form shall be modified
to provide that Owner will receive not less than thirty (30) days
advance written notice of cancellation of this coverage provision.
18.02 Insurer Financial Ratites. Insurance is to be provided by an insurance
company acceptable to Owner with an A.M. Best rating of not less than XVII, unless
otherwise approved by Owner.
18.03 Failure to Maintain Coverage. Failure by LA-RICS AUTHORITY to
maintain the required insurance, or to provide evidence of insurance coverage
acceptable to Owner, shall constitute a material breach of this Agreement.
18.04 Notification of Incidents. Claims or Suits. LA-RICS AUTHORITY shall
report to Owner any accident or incident relating to activities performed under this
Agreement which involves injury or property damage which might reasonably be
thought to result in the filing of a claim or lawsuit against LA-RICS AUTHORITY and/or
Owner. Such report shall be made in writing within 72 hours of LA-RICS AUTHORITY's
knowledge of such occurrence.
HOA 1112427 1 15
18.05 Compensation for Owner Costs. In the event that LA-RICS AUTHORITY
fails to comply with any of the indemnification or insurance requirements of this
Agreement, and such failure to comply results in any costs to Owner, LA-RICS
AUTHORITY shall pay full compensation for all reasonable costs incurred by Owner.
19. FAILURE TO PROCURE INSURANCE
19.01 Failure on the part of LA-RICS AUTHORITY to procure or maintain the
required program(s) of insurance shall constitute a material breach of contract upon
which Owner may immediately terminate this Agreement, or at its discretion, procure or
renew such insurance and pay any and all premiums in connection therewith, and all
monies so paid by Owner shall be repaid by LA-RICS AUTHORITY to Owner upon
demand.
19.02 Use of the LTE Site shall not commence until LA-RICS AUTHORITY has
complied with the aforementioned insurance requirements, and shall be suspended
during any period that LA-RICS AUTHORITY fails to maintain said insurance policies in
full force and effect.
20. TAXES
20.01 The interest (as defined in California Revenue and Taxation Code
Section 107) in the LTE Site created by this Agreement may be subject to property
taxation if created. The party in whom the property interest is vested may be subject to
the payment of the property taxes levied on the interest. For example, if possessory
interest taxes must be paid in relation to the LTE site, then LA-RICS AUTHORITY shall
pay such taxes.
20.02 LA-RICS AUTHORITY shall pay before delinquency all lawful taxes,
assessments, fees or charges which at any time may be levied by the Federal, State,
Owner, City, or any other tax or assessment-levying body upon the LTE Site arising
from LA-RICS AUTHORITY's use of the LTE Site.
20.03 If LA-RICS AUTHORITY fails to pay any lawful taxes or assessments
upon the LTE Site which LA-RICS AUTHORITY is obligated to pay, LA-RICS
AUTHORITY will be in default of the Agreement.
20.04 Owner reserves the right to pay any such tax, assessment, fees or charges,
and all monies so paid by Owner shall be repaid by LA-RICS AUTHORITY to Owner upon
demand. LA-RICS AUTHORITY and Owner agree that this is not a lease and no real
estate interest is being conveyed herein.
21. NOTICES
Notices desired or required to be given pursuant to this Agreement or by any law
now in effect shall be given by enclosing the same in a sealed envelope, Certified Mail -
Return Receipt Requested, addressed to the party for whom intended and depositing
HOA.1112427.1 16
such envelope, with postage prepaid, in the U.S. Post Office or any substation thereof, or
any public letter box, and any such notice and the envelope containing the same, shall
be addressed to LA-RICS AUTHORITY as follows:
LA-RICS AUTHORITY
2525 Corporate Place, Second Floor
Monterey Park, California 91754
ATTN: Executive Director
or such other place as may hereinafter be designated in writing by LA-RICS AUTHORITY.
24-hour emergency contact information for LA-RICS is as follows:
CONSTRUCTION PERIOD: Patrick J. Mallon, (626) 969-6163
NETWORK OPERATIONS CENTER (Post-Construction):
Lieutenant Mark Wilkins, (323) 351-6507
The notices and the certificate of insurance and envelopes containing the same to the
Owner shall be addressed as follows:
City of Vernon
ATTN: Daniel Calleros, Chief of Police
4305 Santa Fe Ave
Vernon, CA 90058
24-hour emergency contact information for OWNER is as follows (Post-
Construction):
Vernon Police Dispatch Center: (323) 587-5171
or such other place as may hereinafter be designated in writing by Owner.
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing. Notices may also be provided by electronic mail or facsimile
transmission, provided that such notices are followed up with a copy sent via US Mail.
22. LA-RICS FACILITY REMOVAL
22.01 LA-RICS AUTHORITY shall remove all of its LA-RICS Facility and personal
and improvements from the LTE Site and the Real Property and restore the LTE Site to
its original condition, reasonable wear and tear and damage or destruction by the acts of
God beyond the control of LA-RICS AUTHORITY excepted, on or before the expiration
of this Agreement, unless this Agreement is otherwise terminated or cancelled prior to the
expiration date provided herein, in which case LA-RICS AUTHORITY shall remove from
the LTE Site and the Real Property all of its LA-RICS Facility and personal property and
HOA.1112427.1 17
improvements and restore the LTE Site to its original condition, reasonable wear and tear
and damage or destruction by the acts of God beyond the control of LA-RICS
AUTHORITY excepted, within ninety (90) days of the cancellation. If weather conditions
or lack of access to the LTE Site render the timely removal of LA-RIGS AUTHORITY's
property impossible, then LA-RICS AUTHORITY shall have thirty (30) days from the
earliest date on which access is possible in which to comply with this provision.
22.02 If LA-RICS AUTHORITY does not timely remove all of its LA-RICS Facility,
personal property and improvements from the LTE Site and the Real Property within the
time provided in this section, Owner may, but shall not be required to, remove the LA-
RICS Facility and all personal property and improvements at LA-RIGS AUTHORITY's
expense. LA-RICS AUTHORITY shall reimburse Owner within thirty (30) days of receipt
of an itemized accounting of the cost for such removal of personal property and
improvements. Owner shall incur no liability for any damage to the LA-RICS Facility
during removal or storage.
23. INDEPENDENT STATUS
This Agreement is by and between Owner and LA-RICS AUTHORITY and is not
intended and shall not be construed to create the relationship of agent, servant,
employee, partnership, joint venture or association as between Owner and LA-RIGS
AUTHORITY. LA-RICS AUTHORITY understands and agrees to bear the sole
responsibility and liability for furnishing Workers' Compensation with respect to services
performed on behalf of LA-RICS AUTHORITY pursuant to this Agreement.
24. AMENDMENT
Any modification of any of the terms and conditions hereof shall require a written
amendment signed by an authorized agent of the LA-RICS AUTHORITY and an
authorized agent of Owner.
25. ASSIGNMENT
25.01 This Agreement may not be sold, assigned or transferred by LA-RICS
AUTHORITY without the approval or consent of the Owner, which consent may not be
unreasonably withheld or conditioned.
25.02 To effect an assignment or transfer pursuant to this Section 25
(Assignment), LA-RICS AUTHORITY shall first deliver to the Owner-
(i) A written request for approval;
(ii) The name, address, and most recent financial statements of
the proposed transferee, assignee or sublicensee;
(iii) Proposed unredacted instrument of transfer or assignment
or any or all of its rights hereunder; and
HOA 1112427 1 18
(iv) Any other information reasonably requested by the Owner.
25.03 Owner shall approve or disapprove a proposed transfer, assignment or
sublicense within sixty (60) days after LA-RICS AUTHORITY delivers all such items to
the Owner. Owner's failure to respond to any request pursuant to this Section shall be
deemed disapproval of said request.
25.04 In the case of an assignment of this Agreement, the proposed instrument
shall include a written assumption by the assignee of all obligations of LA-RICS
AUTHORITY under the Agreement arising thereafter and assignee shall be liable to
perform the full obligations of the LA-RICS AUTHORITY under this Agreement and as a
condition to the completion of such transfer must cure, remedy, or correct any event of
default existing at the time of such transfer in a manner satisfactory to the Owner.
25.05 In the case of a sublicense, the proposed instrument shall specifically
include a provision that the sublicensee shall comply with and be subject to all of the
terms covenants, and conditions of this Agreement.
25.06 Owner shall have the right to lease or license the use of space on LA-RICS
Authority's telecommunications pole to third party(ies), if such telecommunications pole
is capable of housing such third party(ies), based on terms mutually agreeable to the LA-
RICS Authority, which approval shall not be unreasonably withheld. Owner shall submit
any such proposed lease or license to the LA-RICS Authority for review and approval
prior to entering into such lease or license. Such proposed instrument shall specifically
include: (a) a provision that the lease or license shall comply with and be subject to all of
the terms covenants, and conditions of this Agreement, and (b) a requirement that any
third party use of LA-RICS Authority's telecommunications pole shall not interfere with
LA-RICS Authority's use of the LA-RICS Facility or its operations. The parties agree that
any revenues generated by such third party leases or licenses by Owner shall be retained
by Owner, except for an amount to be agreed upon between Owner and LA-RICS
AUTHORITY, which sum is intended to offset actual costs incurred LA-RICS AUTHORITY
for its operational, administrative and other costs associated with third party use of the
LA-RICS Authority's telecommunications pole, such costs not to exceed 15% of revenues
received by Owner.
26. SUBORDINATION AND NON-DISTURBANCE
Owner shall obtain, not later than 15 days following the execution of this
Agreement, a Non-Disturbance Agreement, as defined below, from its existing
mortgagees, ground lessors and master lessors, if any, of the Real Property. At Owner's
option, this Agreement shall be subordinate to any future master lease, ground lease,
mortgage, deed of trust, or other security interest (a "Mortgage") by Owner which from
time to time may encumber all or part of the Real Property; provided, however, as a
condition precedent to LA-RICS AUTHORITY being required to subordinate its interest in
this Agreement to any future Mortgage covering the Real Property, Owner shall obtain for
LA-RICS AUTHORITY's benefit a non-disturbance and attornment agreement in a form
HOA.1112427.1 19
reasonably satisfactory to LA-RICS AUTHORITY and containing at a minimum the terms
set forth hereinbelow ("Non-Disturbance Agreement"), and shall recognize LA-RICS
AUTHORITY's right to remain in occupancy of and have access to the LTE Site as long
as LA-RICS AUTHORITY is not in default of this Agreement beyond applicable notice
and cure periods. The Non-Disturbance Agreement shall include the encumbering party's
("Lender's") agreement that, if Lender or its successor in interest or any purchase of
Lender's or its successor's interest (a "Purchaser") acquires an ownership interest in the
Real Property, Lender or such successor in interest or Purchaser will (a) honor all of the
terms of this Agreement, (b) fulfill Owner's obligations under this Agreement, and (c)
promptly cure all of the then-existing Owner defaults under this Agreement. Such Non-
Disturbance Agreement must be binding on all of Lender's participants in the subject loan
(if any) and on all successors and assigns of Lender and/or its participants and on all
Purchasers. In return for such Non-Disturbance Agreement, LA-RICS AUTHORITY will
execute an agreement for the Lender's benefit in which LA-RICS AUTHORITY: (i)
confirms that the Agreement is subordinate to the Mortgage or other real property interest
in favor of the Lender, (ii) agrees to attorn to Lender if Lender becomes the owner of the
Real Property, and (iii) agrees to accept a cure by Lender of any of Owner's defaults,
provided such cure is completed within the deadline applicable to Owner.
27. CONDEMNATION
In the event of any condemnation of the Real Property (or any portion thereof), LA-
RICS AUTHORITY may terminate this Agreement upon written notice to Owner if such
condemnation may reasonably be expected to disrupt LA-RICS AUTHORITY's
operations at the LTE Site for more than forty-five (45) days. LA-RICS AUTHORITY may
on its own behalf make a claim in any condemnation proceeding involving the LTE Site
for losses related to the equipment comprising the applicable LA-RICS Facility, its
relocation costs and its damages and losses (but not for the loss of its interest, if any,
under this Agreement). Any such notice of termination shall cause this Agreement to
expire with the same force and effect as though the date set forth in such notice were the
date originally set as the expiration date of this Agreement, and Owner and LA-RICS
AUTHORITY shall make an appropriate adjustment, as of such termination date, with
respect to payments due to the other, if any, under this Agreement.
28. DEFAULT
Except as otherwise provided in this Agreement, in the event of a default
hereunder by LA-RIGS AUTHORITY, Owner shall provide written notice thereof to LA-
RICS AUTHORITY. LA-RICS AUTHORITY shall have sixty (60) days from the date of
said notice in which to cure the default, but shall act promptly to remedy the default as
soon as reasonably practicable. LA-RICS AUTHORITY shall have such extended period
beyond sixty (60) days as may be required if the nature of the cure is such that it
reasonably requires more than sixty (60) days and LA-RICS AUTHORITY has
commenced to cure the default within the 60-day period and has acted with reasonable
diligence in commencing and pursuing such cure to completion. Owner may not maintain
any action or effect any remedies for default against LA-RICS AUTHORITY unless and
HOA 1112427 1 20
until LA-RICS AUTHORITY has failed to cure a default within the time periods set forth in
this section. In the event that LA-RICS AUTHORITY fails to cure a default within sixty
(60) days or as otherwise provided in this section, Owner may: (a) cure the default and
invoice LA-RICS AUTHORITY for all costs reasonably incurred in effecting such cure, or
(b) terminate this Agreement upon written notice to LA-RICS AUTHORITY, in which case
LA-RICS AUTHORITY shall remove all improvements as provided in Section 22 of this
Agreement. In the event LA-RICS AUTHORITY fails to remove all such improvements
upon default, Owner may do so in accordance with Section 22 of this Agreement. In the
event of a default hereunder by Owner, LA-RICS AUTHORITY shall provide written notice
thereof to Owner. Owner shall have sixty (60) days from the date of said notice in which
to cure the default, but shall act promptly to remedy the default as soon as reasonably
practicable. Owner shall have such extended period beyond sixty (60) days as may be
required if the nature of the cure is such that it reasonably requires more than sixty (60)
days and Owner has commenced to cure the default within the 60-day period and has
acted with reasonable diligence in commencing and pursuing such cure to completion.
LA-RICS AUTHORITY may not maintain any action or effect any remedies for default
against Owner unless and until Owner has failed to cure a default within the time periods
set forth in this section. In the event that Owner fails to cure a default within sixty (60)
days or as otherwise provided in this section, LA-RICS AUTHORITY may: (a) cure the
default and invoice Owner for all costs reasonably incurred by LA-RICS AUTHORITY in
effecting such cure, or (b) terminate this Agreement upon written notice to Owner.
29. WAIVER
29.01 Any waiver by either party of the breach of any one or more of the
covenants, conditions, terms and agreements herein contained shall not be construed
to be a waiver of any other breach of the same or of any other covenant, condition, term
or agreement herein contained, nor shall failure on the part of either party to require
exact, full and complete compliance with any of the covenants, conditions, terms or
agreements herein contained be construed as in any manner changing the terms of this
Agreement or stopping either party from enforcing the full provisions thereof.
29.02 No option, right, power, remedy, or privilege of either party shall be
construed as being exhausted by the exercise thereof in one or more instances. The
rights, powers, options, and remedies given either party by this Agreement shall be
cumulative.
30. HAZARDOUS MATERIALS
The parties hereto hereby warrant and represent that they shall comply with all
applicable Federal, State, and local laws and regulations concerning the use, release,
storage and disposal of hazardous substances on the LTE Site and the Real Property.
For purposes of this Agreement, the term "hazardous substances" shall be deemed to
include hazardous, toxic or radioactive substances, as defined in California Health and
Safety Code Section 25316, as amended from time to time, or the same or a related
defined term in any successor or companion statutes, and crude oil or byproducts of crude
HOA.1112427.1 21
oil other than crude oil which exists on the Real Property as a natural formation, and those
chemicals and substances identified pursuant to Health and Safety Code Section
25249.8., as it may be amended from time to time.
The parties each agree to indemnify and defend the other and its agents, officers,
employees, and contractors against any and all losses, liabilities, claims and/or costs
(including reasonable attorneys' fees and costs) to the extent arising from the
indemnifying party's breach of any warranty or agreement contained in this Section.
31. DAMAGE OR DESTRUCTION
Either party shall have the right to terminate this Agreement with respect to all or
any portion of the LTE Site in the event of one of the following: (a) the applicable Real
Property or the LTE Site is damaged by fire or other casualty, incidents of war,
earthquake, or other violent action of the elements such that repairs cannot reasonably
be expected to be completed within forty-five (45) days following said damage (or Owner
in its sole discretion elects not to make such repair);or (b) the applicable Real Property or
LTE Site is damaged by fire or other casualty, incidents of war, earthquake, or other
violent action of the elements such that such damage may reasonably be expected to
disrupt LA-RICS AUTHORITY's operations at such LTE Site for more than forty-five (45)
days. Notwithstanding the foregoing, in the event of any of the damage described in this
Section, LA-RICS AUTHORITY shall have the right to elect to perform or cause to be
performed any of the required repairs to the applicable Real Property or LTE Site should
Owner elect not to undertake such repairs. Any notice of termination provided pursuant
to this Section shall cause this Agreement to expire with the same force and effect as
though the date set forth in such notice were the date originally set as the expiration date
of this Agreement, and the parties shall make an appropriate adjustment, as of such
termination date, with respect to payments due to the other under this Agreement, if any.
Should any matter or condition beyond the control of the parties, such as war,
public emergency, calamity, fire, earthquake, flood or act of God prevent performance of
this Agreement by either party, such party shall be relived of the performance of such
obligations during the time period of the event.
LA-RICS AUTHORITY shall be solely responsible for any damage or loss to LA-
RICS AUTHORITY's equipment resulting from theft or vandalism or resulting from any
other cause, except to the extent caused by Owner's acts or omissions.
32. AUTHORIZATION WARRANTY
The parties hereto represent and warrant that the person executing this Agreement
for each of them is an authorized agent who has actual authority to bind such party to
each and every term, condition, and obligation of this Agreement and that all requirements
of such party have been fulfilled to provide such authority.
33. INDEPENDENT CONTRACTOR STATUS
HOA.1112427.1 22
This Agreement is not intended, and shall not be construed, to create the
relationship of agent, servant, employee, partnership, joint venture, or association
between Owner and LA-RICS AUTHORITY. LA-RICS AUTHORITY shall bear the sole
responsibility and liability for furnishing Worker's Compensation benefits to any person
for injuries from or connected with services performed on behalf of LA-RICS AUTHORITY
pursuant to this Agreement as required by law. The foregoing indemnification does not
apply to liability caused by the negligence of the Owner.
34. GOVERNING LAW, JURISDICTION, AND VENUE
This Agreement shall be governed by, and construed in accordance with the
internal laws of the State of California. The parties agree and consent that venue of any
action brought hereunder shall be exclusively in the County of Los Angeles.
35. COMPLIANCE WITH APPLICABLE LAW
In the performance of this Agreement, each party and anyone acting on such
party's behalf pursuant to this Agreement shall comply with all applicable Federal, State
and local laws, rules, regulations, ordinances, directives, guidelines, policies and
procedures (including without limitation the rules and regulations of the FCC, the Federal
Aviation Administration ("FAA"), and OSHA, and all provisions required thereby to be
included in this Agreement are hereby incorporated herein by reference.
36. COMPLIANCE WITH CIVIL RIGHTS LAWS, NONDISCRIMINATION AND
AFFIRMATIVE ACTION
36.01 LA-RICS AUTHORITY hereby assures that it will comply with Subchapter
VI of the Civil Rights Act of 1964, 42 USC Sections 2000 (e) (1) through 2000 (e) (17),
to the end that no person shall, on the grounds of race, creed, color, sex, religion,
ancestry, age, condition or physical handicap, marital status, political affiliation, or
national origin, be excluded from participation in, be denied the benefits of, or be
otherwise subject to discrimination under this Agreement or under any project, program
or activity supported by this Agreement.
36.02 LA-RICS AUTHORITY certifies and agrees that it will deal with its
subcontractors, bidders, or vendors without regard to or because of race, color, religion,
ancestry, national origin, sex, age, physical or mental disability, material status, or political
affiliation.
36.03 LA-RICS AUTHORITY certifies and agrees that it, its affiliates, subsidiaries,
or holding companies shall comply with all applicable Federal and State laws and
regulations to the end that no person shall, on the grounds of race, color, religion,
ancestry, national origin, sex, age, physical or mental disability, marital status, or political
affiliation, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under this Agreement or under any project, program, or
activity supported by this Agreement.
HOA.1112427.1 23
36.04 If the Owner finds that any of the above provisions of this Section have been
violated, such violation shall constitute a material breach of this Agreement upon which
the Owner may terminate, or suspend this Agreement.
36.05 While the Owner reserves the right to determine independently that the anti-
discrimination provisions of this Agreement have been violated, in addition, a
determination by the California Fair Employment Practices Commission, the Federal
Equal Employment Opportunity Commission that LA-RICS AUTHORITY has violated
Federal or State anti discrimination laws or regulations shall constitute a finding by Owner
that LA-RICS AUTHORITY has violated the anti-discrimination provisions of this
Agreement.
36.06 In the event LA-RICS AUTHORITY violates the antidiscrimination
provisions of the Agreement, the parties agree that it is difficult to ascertain the amount
of liquidated damages, and hereby agree that the Owner shall, at its sole option, be
entitled to the sum of FIVE HUNDRED DOLLARS ($500.00) for each such violation
pursuant to California Civil Code 1671 as liquidated damages in lieu of terminating or
suspending this Agreement.
37. NON EXCLUSIVITY
Nothing herein is intended or shall be construed as creating any exclusive
arrangement with LA-RICS AUTHORITY. This Agreement shall not restrict the Owner
from acquiring similar, equal or like goods and/or services from other entities or sources.
38. NOTICE OF EMPLOYEES REGARDING THE FEDERAL EARNED INCOME
CREDIT
LA-RICS AUTHORITY shall notify its employees, and shall require each
Contractor and Subcontractor to notify its employees, that they may be eligible for the
Federal Earned Income Credit under the federal income tax laws. Such notice shall be
provided in accordance with the requirements set forth in Internal Revenue Service Notice
No. 1015.
39. PUBLIC RECORDS ACT
39.01 Any documents submitted by Owner and/or the LA-RICS AUTHORITY or
its agents including without limitation the LTE Vendor and all information obtained in
connection with the Owner's right to inspect the LTE Site or any other rights provided by
this Agreement may become a matter of public record unless exempted as provided by
California Government Code Section 6250 et seq. ("Public Records Act"). Neither party
shall be in any way liable or responsible for the disclosure of any such records including,
without limitation, those marked "proprietary" or "confidential", if disclosure is required by
law, or by an order issued by a court of competent jurisdiction.
39.02 In the event the Owner is required to defend an action on a Public Records
Act request as requested by LA-RICS AUTHORITY for any records generated as a result
HOA 1112427.1 24
of this Agreement, LA-RICS AUTHORITY agrees to refund and indemnify the Owner from
all costs and expenses, including without limitation reasonable attorney's fees, incurred
in such action or liability arising under the Public Records Act within thirty days after LA-
RICS AUTHORITY's receipt of Owner's invoice.
39.03 In the event the LA_RICS AUTHORITY is required to defend an action on
a Public Records Act request as requested by the Owner for any of records generated as
a result of this Agreement, Owner agrees to refund and indemnify the LA-RICS
AUTHORITY from all costs and expenses, including without limitation reasonable
attorney's fees, incurred in such action or liability arising under the Public Records Act
within thirty days after Owner's receipt of LA-RIGS AUTHORITY's invoice.
40. OTHER TERMS AND CONDITIONS
40.01 Advertising Materials and Signs. Except for warning signs required by
law, LA-RICS AUTHORITY shall not post signs upon the LTE Site or improvements
thereon, or distribute or cause to be distributed any advertising materials unless prior
approval therefor is obtained from the Owner.
40.02 Habitation. The LTE Site shall not be used for human habitation.
40.03 Illegal Activities. LA-RICS AUTHORITY shall not knowingly permit any
illegal activities to be conducted upon the LTE Site.
40.04 Safety. LA-RICS AUTHORITY shall immediately correct any unsafe
condition on the LTE Site, as well as any unsafe practices occurring thereon, to the
extent such unsafe condition or practice occurs as a result of LA-RICS AUTHORITY's
use of the LTE Site. LA-RICS AUTHORITY shall cooperate fully with Owner in the
investigation of any accidental injury or death occurring on the LTE Site, including a
prompt report thereof to the Owner. LA-RICS AUTHORITY shall cooperate and comply
fully with Owner, State, municipal, federal or any other regulatory agency having
jurisdiction thereover, regarding any safety inspections and certifications of any and all
LA-RICS AUTHORITY's structures and enclosures. LA-RICS AUTHORITY, at its
expense, may use any and all appropriate means of restricting public access to the LTE
Site.
40.05 Sanitation. No offensive matter, refuse, or substance constituting an
unnecessary, unreasonable or unlawful fire hazard, or material detrimental to the public
health in violation of the law, shall be permitted or remain on the LTE Site and within a
distance of fifty (50) feet thereof, and LA-RICS AUTHORITY and Owner shall prevent
any accumulation thereof from occurring.
40.06 Security Devices. LA-RICS AUTHORITY, at its own expense, may
provide any legal devices or equipment and the installation thereof, designated for the
purpose of protecting the LTE Site from theft, burglary or vandalism, provided written
approval for installation thereof is first obtained from the Owner. Owner shall be
responsible for securing the Real Property.
HOA 1112427 1 25
41. ACKNOWLEDGMENT OF INELIGIBILITY FOR RELOCATION ASSISTANCE
LA-RICS AUTHORITY hereby disclaims any status as a "displaced person" as
such is defined in Government Code Section 7260 and hereby acknowledges its
ineligibility for relocation assistance as provided in Government Code Section 7260
through 7276, inclusive, as interpreted in Title 25, Chapter 6, Section 6034(b) (1) of the
California Administrative Code upon the future cancellation or termination of this
Agreement.
42. LA-RICS AUTHORITY'S STAFF AND EMPLOYMENT PRACTICES
42.01 LA-RICS AUTHORITY shall designate one member of its staff as an
Operations Manager with whom the Owner may deal with on a daily basis. Any person
selected by LA-RICS AUTHORITY as an Operations Manager shall be fully acquainted
with LA-RICS AUTHORITY's operation, familiar with the terms and the conditions
prescribed therefore by this Agreement, and authorized to act in the day-to-day
operation thereof.
42.02 LA-RICS AUTHORITY shall establish an identification system for each of
its personnel assigned to service the LTE Site that clearly indicates the name of the
person. The identification system shall be furnished at LA-RICS AUTHORITY expense
and may include appropriate uniform attire and name badges as routinely maintained
by LA-RICS AUTHORITY.
43. SUCCESSORS AND ASSIGNS
Subject to any provision hereof restricting assignment or subletting by LA-RICS
AUTHORITY, this Agreement shall bind the parties, their personal representatives,
successors and assigns.
44. SEVERABILITY
The invalidity of any provision of this Agreement, as determined by a court of
competent jurisdiction shall in no way affect the validity of any other provision hereof.
45. INTERPRETATION
Unless the context of this Agreement clearly requires otherwise: (i) the plural and
singular numbers shall be deemed to include the other; (ii) the masculine, feminine and
neuter genders shall be deemed to include the others; (iii) "or" is not exclusive; and (iv)
"includes" and "including" are not limiting.
46. ENTIRE AGREEMENT
This Agreement(and the attached exhibits)contains the entire agreement between
the parties hereto with respect to the matters set forth herein, and no addition or
HOA.1112427.1 26
modification of any terms or provisions shall be effective unless set forth in writing, signed
by both Owner and LA-RICS AUTHORITY.
i
HOA.1112427.1 27
IN WITNESS WHEREOF, the LA-RICS AUTHORITY has executed this
Agreement or caused it to be duly executed and Owner has caused this Agreement to be
executed on the day, month and year first above written.
THE LOS ANGELES REGIONAL CITY OF VERNON, a California
INTEROPERABLE COMMUNICATIONS charter city and municipal
SYSTEM AUTHORITY corporation
A California Joint Powers Authority
By:
By:
Print Name:
Its:
APPROVED AS TO FORM: ATTEST:
MARK J. SALADINO
COUNTY COUNSEL
By By:
Deputy
HOA.1112427.1 28
EXHIBIT A
SITE LIST
PAGE 1 OF 2
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HOA.1112427 1 29
EXHIBIT A
SITE LIST
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HOA.1112427.1 30
EXHIBIT B
EQUIPMENT LIST
Page 1 of 2
Equipment List
City of Vernon Fire Dept - VEFDO01
• Monopole Tower
• Tower Light Kits (where required by FAA)
• Antenna Support Hardware
• LTE Antennas and line
• Microwave Dishes
• Generator & Fuel
• Automatic Transfer Switch
• Electrical H-Frame
• Equipment Pad
• RBS Radio Cabinet (at all LTE sites)
• BBS Radio Battery Cabinet(at all LTE sites)
• TM Microwave Cabinet (at sites with microwave)
• BBS Microwave Battery Cabinet (at sites with more than 6 microwave radios)
• MPLS Site Router (at all LTE sites)
• Fiber Network Interface Device (at Fiber Sites)
HOA.1112427-1 31
EXHIBIT B
EQUIPMENT LIST
Page 2 of 2
EXHIBIT B
Equipment List
City of Vernon Fire Dept - VEFD003
• Monopole Tower
• Tower Light Kits (where required by FAA)
• Antenna Support Hardware
• LTE Antennas and line
• Microwave Dishes
• Generator & Fuel
• Automatic Transfer Switch
• Electrical H-Frame
• Equipment Pad
• RBS Radio Cabinet (at all LTE sites)
• BBS Radio Battery Cabinet(at all LTE sites)
• TM Microwave Cabinet (at sites with microwave)
• BBS Microwave Battery Cabinet (at sites with more than 6 microwave radios)
• MPLS Site Router (at all LTE sites)
• Fiber Network Interface Device (at Fiber Sites)
HOA.1112427.1 32
EXHIBIT C
SITE PLANS
VEFDO01
Page 1 of 2
❑RAWINGS ATTACHED
(TO BE REPLACED BY FUTURE SET OF DRAWINGS PENDING BUILDING
PERMITTING PROCESS AND FINAL APPROVAL BY OWNER/CITY OF VERNON)
HOA.1112427.1 33
EXHIBIT
SITE PLANS
VEFD 0
Page 2 of 2
DRAWINGS ATTACHED
(TO BE REPLACED BY FUTURE SET OF DRAWINGS PENDING PERMITTING
PROCESS AND FINAL APPROVAL BY OWNER/CITY OF VERNON)
HOA 1112427 1 34
RECEIVED
1crif NOV 2 4 2014
not, CITY ADMINISTRATION
FIRE DEPARTMENT
Michael A.Wilson,Fire Chief
4305 Santa Fe Avenue,Vernon, California 90058
Telephone(323)583-8811 Fax(323)826-1407
November 24, 2014
Honorable Mayor and City Council
City of Vernon
Honorable Members:
Attached is a copy of the Vernon Fire Department Activity Report which covers the period of
November 1, 2014 through November 15, 2014.
Respectfully Submitted,
r
Micha ilson
Fire Chief
MAW:ar
Fireletnow
E CcCusiveCy IndustriaC
VERNON FIRE DEPARTMENT
COMPANY ACTIVITIES
November 1,2014 to November 15,2014
This Period Last Year This This Year
Last Year To Date Period To Date
ACTIVITY TYPE
FIRE PREVENTION:
Regular Inspections (#): 20 1237 45 1232
Re-Inspections(#): 24 209 37 255
Spec. Haz. Inspections (#): 4 33 1 36
Total Inspections: 48 1479 83 1523
Total Man Hours: 78 1844 102 1830
TRAINING (HOURS):
Firefighting 82 1591 94 1874
Hazardous Materials 31 645 30 671
Safety 124 2674 126 2511
Apparatus Operations 128 2703 125 2537
Equipment Operations 129 2704 125 2526
CPR 0 31 1 64
First Aid 31 541 27 605
Total Hours: 525 10889 528 10788
PRE-INCIDENT(HOURS):
Planning 88 1429 85 1619
District Familiarization 90 1467 96 1733
Total Hours: 178 2896 181 3352
PERIODIC TEST (HOURS):
Hose Testing 9 17 0 8
Pump Testing 4 8 0 4
Total Hours: 13 25 0 12
Page I 1
This Period Last Year This This Year
Last Year To Date Period To Date
PUBLIC SERVICE PROGRAMS (HOURS)
School Programs 3 26 0 18
Fire Brigades 0 8 0 6
Emergency Preparedness 9 163 13 232
Total Hours: 12 197 13 256
ROUTINE MAINTENANCE (HOURS):
Station 123 2605 122 2461
Apparatus 128 2669 127 2552
Equipment 131 2662 130 2564
Total Hours: 382 7936 379 7577
Grand Total Hours: 1188 23787 1203 23815
Fireactivity
Page 12
VERNON FIRE DEPARTMENT
�- Type of Incident Report
�y
Total Incidents: 2014 = 67
November 1, 2014 - November 15, 2014 11/24/2014
INCIDENT TYPE
E ASSAULT VICTIM-D"" 1
E DIABETIC-D*" 1
E DIFFICULTY BREATHING-D'" 2
E Sick Person-A 1
E SICK PERSON-D'•' 1
E STROKE MORE THAN 2 HRS-C"" 1
E TC BIKE/MOTORCYCLE-D"" 1
E TRAFFIC COLLISION-D"' 12
E TRAUMATIC INJURIES-D"' 1
E UNKNOWN PROBLEM-D**" 2
F Apartment Fire 2
F Fire Alarm No Reset. 12
F Fire Alarm With Reset 1
F Fire Reported Out 1
F Investigation 3
F Odor Investigation 1
F Residential Fire 1
F Smoke 2
F Vehicle Fire 1
F Vehicle Overturned 1
F Water Flow Alarm No Reset 8
F Water Flow Alarm With Reset 9
S Moveup 2
Incident Type Incident Date PREVENTION FOLLOW-UP? Shift
700 False alarm or false call, other 11/01/2014 01:06:15 No
700 False alarm or false call, other 11/01/2014 04:52:40 No
611 Dispatched & canceled en route 11/01/2014 06:46:11 No
611 Dispatched &canceled en route 11/01/2014 08:09:17 No
745 Alarm system activation,no fire,unintentional 11/01/2014 10:36:43 No
322 Motor vehicle accident with injuries 11/01/2014 11:37:18 No
324 Motor vehicle accident with no injuries 11/01/2014 13:52.53 No
322 Motor vehicle accident with injuries 11/01/2014 16:34:01 No
700 False alarm or false call, other 11/02/2014 00:19:44 No
324 Motor vehicle accident with no injuries 11/02/2014 09:58:14 No
251 Excessive heat, scorch burns with no ignition 11/03/2014 08:14:09 No
311 Medical assist, assist EMS crew 11/03/2014 14:03,29 No
321 EMS call, excluding vehicle accident with inju 11/03/2014 14:05:48 No
11/03/2014 22:59:36 No
700 False alarm or false call, other 11/04/2014 00:58:46 No
745 Alarm system activation,no fre,unintentional 11/04/2014 06:51:16 No
324 Motor vehicle accident with no injuries 11/04/2014 07:17:18 No
322 Motor vehicle accident with injuries 11/04/2014 10:06:46 No
745 Alarm system activation,no fire,unintentional 11/04/2014 16:50:03 No
321 EMS call, excluding vehicle accident with inju 11/05/2014 01:04:22 No
700 False alarm or false call, other 1 1/05/201 4 08:41:04 No
611 Dispatched &canceled en route 11/05/2014 13:12:51 No
11/05/2014 20:40:55 No
531 Smoke or odor removal 11/06/2014 00:50:07 No
322 Motor vehicle accident with injuries 11/06/2014 02:08:09 No
151 Outside rubbish, trash or waste fire 1 1/06/201 4 1 0:48:41 No
130 Mobile property(vehicle)fire, other 11/06/2014 10:58:05 No
571 Cover assignment, standby, moveup 11/06/2014 13:47:51 No
740 Unintentional transmission of alarm, other 11/06/2014 16:50:54 No
740 Unintentional transmission of alarm, other 11/06/2014 23:44:59 No
735 Alarm system sounded due to malfunction 11/07/2014 03:45:29 No
651 Smoke scare, odor of smoke 11/07/2014 07:34:55 No
700 False alarm or false call, other 11/07/2014 11:22:02 No
611 Dispatched &canceled en route 11/07/2014 12:02:24 No
611 Dispatched &canceled en route 11/07/2014 13:25.31 No
571 Cover assignment, standby, moveup 11/07/2014 15:40:15 No
324 Motor vehicle accident with no injuries 11/07/2014 15:55:36 No
321 EMS call, excluding vehicle accident with inju 11/07/2014 15:56:33 No
571 Cover assignment, standby, moveup 11/07/2014 16:13:31 No
321 EMS call, excluding vehicle accident with inju 11/07/2014 16:13:53 No
740 Unintentional transmission of alarm, other 11/08/2014 05:33:32 No
321 EMS call, excluding vehicle accident with inju 11/08/2014 09:27:58 No
700 False alarm or false call, other 11/08/2014 17:00:10 No
700 False alarm or false call, other 11/08/2014 23:18:40 No
552 Police matter 11/08/2014 23:53:56 No
735 Alarm system sounded due to malfunction 11/10/2014 00:31:12 No
700 False alarm or false call, other 11/10/2014 00:49:11 No
745 Alarm system activation,no fire,un intentional 11/10/2014 08:32:27 No
324 Motor vehicle accident with no injuries 11/10/2014 11:03:45 No
321 EMS call, excluding vehicle accident with inju 11/10/2014 11:24:09 No
531 Smoke or odor removal 11/10/2014 12:04:47 No
324 Motor vehicle accident with no injuries 11/10/2014 12:27:24 No
311 Medical assist, assist EMS crew 11/10/2014 15:30:40 No
731 Sprinkler activation due to malfunction 11/11/2014 02:22:24 No
324 Motor vehicle accident with no injuries 11/11/2014 05:18:51 No
611 Dispatched & canceled en route 11/12/2014 00:34:05 No
611 Dispatched &canceled en route 11/12/2014 00:53:30 No
700 False alarm or false call, other 11/12/2014 07:04:43 No
740 Unintentional transmission of alarm, other 11/12/2014 22:51:19 No
743 Smoke detector activation, no fire- unintenti 11/13/2014 09:30:25 No
700 False alarm or false call, other 11/13/2014 15:44:05 No
740 Unintentional transmission of alarm, other 11/14/2014 01:14:06 No
700 False alarm or false call, other 11/14/2014 12:24:49 No
311 Medical assist, assist EMS crew 11/14/2014 22:27:50 No
745 Alarm system activation,no fire,unintentional 11/15/2014 08:11:20 No
671 Hazmat release investigation w/no hazmat 11/15/2014 11:02:34 No
324 Motor vehicle accident with no injuries 11/15/2014 20:16:08 No
VERNON FARE DEPARTMENT
lilt
Type of Incident Report
Tota( Incidents: 2013 =48
November 1, 2013 - November 15, 2013 11/24/2014
INCIDENT TYPE
E ASSAULT VICTIM-D"0* 2
E Auto vs Ped 1
E DIABETIC-D'*' 1
E FALL VICTIM-D" I
E HEART ATTACK-D"' 2
E HEMORRHAGE/CUT-D"' I
E SICK PERSON-D"' 2
E TC BIKE/MOTORCYCLE-D'•* 2
E TRAFFIC COWSION-D— g
E Traffic Collision-0 1
E TRAUMATIC INJURIES-D'*' 3
E UNC PER/FAINTING(NEAR)-D... 2
E UNKNOWN PROBLEM-1)*" 3
F Commercial Fire 1
F Fire Alarm No Reset 4
F Grass Fire 1
F Vehicle Fire 1
F Vehicle Overturned 1
F Water Flow Alarm No Reset 7
F Water Flow Alarm With Reset 1
S Flooding 1
S Water Problem I
VERNON FIRE DEPARTMENT
Type of Incident Report
Total Incidents: 2014 = 1 , 114
January 1, 2014 - November 15, 2014
11/24/2014
INCIDENT TYPE INCIDENT TYPE INCIDENT TYPE
Area E Hazmat 1 E Psych/Behave/Sul Att-B 1 F Electrical Short 2
E Abdominal Pain-A 1 E PSYCH/BEHAVE/SUI ATT-D"4 9 F Explosion 1
E ABDOMINAL PAIN-1)"s 14 E SEIZURE/EPILEPTIC/HIST-D*'* 1 F Fire Alarm No Reset 117
E ALLERGIC REACTION-D*" 2 E Seizure/Epileptic/History-A 1 F Fire Alarm With Reset 25
E ANIMAL BITE-D""" 2 E Seizure-A 1 F Fire Reported Out 3
E ASSAULT VICTIM/SEXUAL-D*"* 1 E SEIZURE-D'66 13 F Gas Spill 1
E ASSAULT VICTIM-D"'* 16 E Sick Person-A 2 F Grass Fire 6
E Auto vs Ped 8 E SICK PERSON-D'*" 62 F Haz Mat- Full 2
E Back Pain-A 1 E STROKE MORE THAN 2 HRS-C*'" 1 F Hazmat- Small/ 2
E BACK PAIN-D"*" 3 E STROKE-C"" 1 F Investigation 43
E Cardiac Arrest/Death-E 1 E TC AUTO VS PED-D""* 2 F Natural Gas Leak - Inside 2
E Chest Pain-C 2 E TC BIKE/MOTORCYCLE-W*' 14 F Natural Gas Leak - Outside 4
E CHEST PAIN-D"'" 27 E TC EJECTION-D"* 1 F Odor Investigation 7
E DIABETIC-D*'* 9 E TC OVERTURNED-1)'" 2 F Residential Fire 6
E DIFF BREATHING/ASTHMA-D'"" 7 E TC with Trapped People 4 F Rubbish Fire 8
E DIFFICULTY BREATHING-1)"11 20 E Traffic Collision-A 1 F Sheared Hydrant 3
E FALL VICTIM-D6" 26 E TRAFFIC COLLISION-D'"* 165 F Smoke 6
E FALL/STILL ON GROUND-D... 3 E Traumatic Injuries-B 1 F Strike Team 4
E Gun Shot Wound-A 1 E TRAUMATIC INJURIES-D*'* 43 F Structure Fire 9
E GUN SHOT WOUND-D'*" 1 E Unc Per/Fainting (Near)-C 2 F Tree Fire 1
E HAZMAT/BIOLOGICAL-D""* 1 E UNC PER/FAINTING(NEAR)-D .. 28 F Truck/Rail Car Fire 1
E HAZMAT/CHEMICAL-W** 1 E Unco Per/Fainting (Near)-A 1 F Vehicle Fire 13
E HEADACHE-C""* 3 E UNKNOWN PROBLEM-D'" 39 F Vehicle Leaking Gas 1
E HEART ATTACK-DO" 9 F Apartment Fire 7 F Vehicle Overturned 6
E HEAT EXPOSURE-D*** 1 F Arching Wires 1 F Water Flow Alarm No Reset 94
E Hemorrhage/Gut-B 1 F Auto vs Structure 6 F Water Flow Alarm With Reset 68
E HEMORRHAGE/CUT-D"•- 8 F Auto vs Train 1 F Wires Down 4
E INGESTION-1)"O 1 F Blown Transformer 3 S Ladder Assist 1
E MATERNITY-D'"* 2 F Commercial Fire 30 S MONTEBELLO REQUEST 4
E Psych/Behave/Sul Att-A 1 F Dumpster Fire 2 S Moveup 32
S People Stuck In Elevator i
S Public Assist 4
S Special Request i
S Water Problem 1 i
U USAR-A
U USAR BELOW GROUND-D"•
VERNoN FIDE DEPARTMENT
lip Type of Incident Report
Total Incidents: 2013 = 1 ,051
January 1, 2013 - November 15, 2013
11/24/2014
INCIDENT TYPE INCIDENT TYPE INCIDENT TYPE
E Abdominal Pain-A 2 E MATERNITY-D--- 2 F Commercial Fire 30
E ABDOMINAL PAIN-D"'• 10 E PSYCH/BEHAVE/SUI ATT-D-" 5 F Dumpster Fire i
E ALLERGIC REACTION-D-" 1 E PSYCH/BHAV/SUI ATT VIO-D-" 2 F Electrical Short 3
E ASSAULT VICTIM/SEXUAL-D-'- 1 E Psych/Bhav/Sui Att WpV-B 1 F Fire Alarm No Reset 95
E ASSAULT VICTIM-D"" 17 E SEIZURE/EPILEPTIC/HIST-D'" 2 F Fire Alarm With Reset 26
E Auto vs Ped 14 E SEIZURE-D""" 10 F Fire Reported Out 1
E BACK PAIN-D"'" 4 E Sick Person-A. 2 F Gas Spill 2
E BURN VICTIM-D--- 1 E Sick Person-C 2 F Grass Fire 4
E CARDIAC ARREST/DEATH-D"-- 3 E SICK PERSON-D-"- 61 F Illegal Bunning 2
E Cardiac Arrest/Death-E 2 E Sick Person-0 1 F Investigation 15
E Chest Pain-A 1 E STROKE LESS THAN 2 HRS-C-'- 2 F Natural Gas Leak - Inside 2
E Chest Pain-C 1 E STROKE-C"' 4 F Natural Gas Leak - Outside 5
E CHEST PAIN-D"'- 23 E TC AUTO VS PED-D-'- 3 F Odor Investigation 5
E DIABETIC-D-'" 9 E TC BIKE/MOTORCYCLE-D'"" 4 F Pole Fire 3
E Diff Breathing/Asthma-C 1 E TC OVERTURNED-1)'" 4 F Residential Fire 4
E DIFF BREATHING/ASTHMA-D--' 4 E TC VEHICLE OVER SIDE-D""' 1 F Rubbish Fire 5
E DIFFICULTY BREATHING-D-'- 12 E TC with Trapped People 6 F Sheared Hydrant 1
E DOA/COLD/STIFF-D-- 1 E TRAFFIC COLLISION-D"" 153 F Smoke 3
E DOA/Non Recent-B 1 E Traffic Collision-0 1 F Strike Team 3
E ELECTROCUTION-D-" 1 E Traumatic Injuries-B 2 F Structure Fire 23
E EYE INJURY/PROB-D"-- 1 E TRAUMATIC INJURIES-D--• 34 F Vehicle Fire 17
E FALL VICTIM-D"*" 19 E Unc Per/Fainting (Near)-C 1 F Vehicle Leaking Gas 1
E FALL/JUMPER-D""' 1 E UNC PER/FAINTING (NEAR)-D.. 39 F Vehicle Overturned 6
E FALL/STILL ON GROUND-D'" 3 E Unco Per/Fainting (Near)-A 2 F Water Flow Alarm No Reset 104
E HAZMAT/CHEMICAL-D'1** 3 E UNKNOWN PROBLEM-D"' S0 F Water Flow Alarm With Reset 54
E HAZMAT/UNKNOWN-D"" 2 E UPGRADE ALS 1 F Wires Down 5
E Hazmat/Unknown-0 1 F Apartment Fire 3 S Bee Swarm 1
E HEART ATTACK-1)"' 14 F Auto vs Structure 5 S Flooding 2
E HEMORRHAGE/CUT-D-•- 10 F Auto vs Train 1 S Ladder Assist 1
E INGESTION-D'•• 3 F Blown Transformer 1 S MONTEBELLO REQUEST 9
INCIDENT TYPE
S Moveup 24
S Open Hydrant 3
S Public Assist 4
S Special Request 3
S Water Problem 11
U River Rescue 1
U train Crash/Derailment 1
0� RECEIVED
NOV 2 6 2014
�'�rsr tMq
P� 7I`�E,D CITY ADMINISTRATION
DEC 0 12014 STAFF REPORT
CITY CLERK'S OFFICVERNON GAS & ELECTRIC DEPARTMENT
DATE: December 9, 2014
TO: Honorable Mayor and City Council
FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric "
RE: Upstream Internet Access Services Contract Renewal with Broadband
Recommendations
It is recommended that the City Council:
1. Find that the approval of the contract amendment proposed in this staff report is exempt
under the California Environmental Quality Act (CEQA) in accordance with CEQA
Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that
may have an effect of the environment; and
2. Authorize the City Administrator to execute a three year contract renewal with
Broadband "not-to-exceed" a total amount of $180,000 during the three year term
($60,000 annually, including taxes and fees) for the delivery of a wholesale internet
access circuit to the City's internet system, in substantially the same form as submitted
herewith, as Exhibit A to this staff report. The proposed contract will increase the City's
pre-tax monthly bill by $486, from $3,764 to $4,250, and double transmission speeds
from 100 Mbps to 200 Mbps. It is further recommended that the City Council find that
the contract is exempt from competitive bidding requirements pursuant to Vernon
Municipal Code § 2.17.12(A)(6) because this is a contract for the acquisition or
transmission of telecommunications for the Gas & Electric Department and it would be
commercially unreasonable to procure these services through standard bidding or request
for proposal procedures, given that that the City is already connected to Broadband
network, and switching carriers would be too expensive to be in the City's best interests.
Background
The City of Vernon has installed a fiber-optic cable network around the perimeter of the City to
enable businesses within City boundaries to have access to voice, data and/or video services. In
order to furnish this service, the City must lease internet bandwidth from select providers. In
recent years, the City's fiber optics based internet access service has received dedicated
wholesale internet circuits from two upstream service providers which allow the City to offer
reliable commercial internet connectivity to businesses in Vernon who elect such a service. The
City's contract term with its existing provider, Broadband, has expired, prompting the Gas &
Electric Department to secure a new agreement.
Broadband has been providing dedicated connection services to the City's fiber optic internet
network since August 3, 2005, pursuant to a Dedicated Internet Access Service Agreement and
Service Order Form (the "Agreement") as stated in Resolution No. 8818. On June 5, 2007, the
City extended the contract for 12 months via Resolution 9351. On April 19, 2011, the City
Council adopted Resolution 2011-61, approving an agreement for continuation of dedicated
internet access services for a twelve (12) month period. On January 22, 2013, the City Council
approved an agreement for the continuation and upgrade of dedicated internet access services
under the Business Markets Master Service Agreement for twenty four (24) months. It was
determined that, pursuant to the former provisions of subsection (a) of Section 2.27 of the
Vernon City Code, it was in the public interest and necessity to enter into the continuation
Agreement with Broadband to continue to provide the bandwidth necessary to enable fiber optic
internet access services throughout the City.
Broadband has delivered reliable internet access services to the City's internet network for the
past nine years. In 2012, to ensure it was receiving the best service at the best available price,
the Department of Gas & Electric solicited and received five quotes for internet access services,
and again concluded Broadband could provide the best combination of price and service to the
City. The prices quoted by the providers were similar, but Broadband had fiber available from
City Hall to the provider's central office, unlike most other providers. The City agreed to pay
$3,764 per month, plus applicable fees and taxes.
Staff recommends continuing service with Broadband because telecommunications prices have
remained generally static since the City completed its survey, and selecting an alternative
provider would not only necessitate costly construction of a new fiber optic cable (which
previously required nine months to complete) but would also require a costly redesign of the
City's internet network setup to route Vernon customers' internet traffic through the new
provider's central switches. The new contract will increase the pre-tax payments by $486 per
month to $4,250, and double transmission rates from 100 Mbps to 200 Mbps.
For the above reasons, it is recommended that City Council find that it would be "commercially
unreasonable" to procure these telecommunications services through standard bidding or request
for proposal procedures. Staff further recommends that the City Council authorize the execution
of a new contract with Broadband for a three (3) year term. By committing to a new three year
term contract, the City is able to establish firm monthly rates that are not subject to increases
throughout the entire term of thirty six (36) months, thereby ensuring that the City is not only
capable of providing valuable internet service to its businesses, but is also able to manage this
expenditure as a fixed cost for a longer term, benefitting the rate structure the City is able to
offer to its constituents.
Fiscal Impact
The contract renewal consists of a thirty six (36) month service commitment with Broadband at a
monthly rate of $4,250, excluding taxes and fees. The contract establishes a "not-to-exceed"
amount of$60,000 per year, inclusive of taxes and fees. Continuation of the existing agreement
with Broadband will ensure that the City's internet wholesale rates for the next three (3) years
are fixed and not subject to price increases. The cost for this service was itemized and approved
in the 2014/2015 operating budget for the Gas & Electric Department.
Attachments
AGREEMENT FOR CONTINUATION AND UPGRADE OF
DEDICATED INTERNET ACCESS SERVICES
This Agreement for Continuation and Upgrade of Dedicated Internet Access Services
(the "2014 Continuation Agreement") is made as of , 2014 (the "Effective
Date"), by and between the City of Vernon, a California charter city and municipal corporation
(the "City") and Broadband, LLC, a wholly owned subsidiary of Bandwidth.com, Inc.
("Broadband"). The City and Broadband are referred to herein collectively as the "Parties."
WHEREAS, the City and Bandwidth.com, Inc. powered by Qwest "Bandwidth.com"
are Parties to a Dedicated Internet Access Service Agreement (the "Services Agreement")
executed by the City on August 17, 2005, as amended by an Agreement for Continuation and
Upgrade of Dedicated Internet Access Services on July 13, 2009, April 19, 2011, and January
22, 2013, to which Bandwidh.com provides the City with dedicated internet access services at
a monthly recurring rate for a service term of one year; and
WHEREAS, Bandwidth.com formed Broadband on or about April 1, 2012, and, among
other things, assigned the Services Agreement to Broadband; and
WHEREAS, the Parties desire to enter into a thirty six (36) month commitment under
which Broadband will continue to provide dedicated internet access upgraded services for a
fixed monthly rate; and
WHEREAS, the City is a public entity subject to certain laws requiring disclosure of
public records to members of the public, and the Agreement between the Parties, and this 2014
Agreement for Continuation and Upgrade of Dedicated Internet Access Services (the "2014
Continuation Agreement") , are records that are subject to those disclosure laws.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the Parties to this 2014 Continuation Agreement agree as
follows:
1. Effective as of December 9, 2014, the Services Agreement is hereby extended
for a three (3) year term (unless prematurely terminated), for the delivery of a wholesale
internet access circuit at the rate of 200 megabits per second (Mbps GE) for a "not-to-exceed"
total amount of$180,000 during the term ($60,000 annually, including taxes) to assist the City
in providing dedicated internet access services to Vernon businesses utilizing the City's fiber
optic network infrastructure.
2. The Parties agree that the Services Agreement and this 2014 Continuation
Agreement may be disclosed to the public notwithstanding the original terms of the Services
Agreement. This Section 2 shall not terminate or expire, and shall survive the expiration or
earlier termination of this 2014 Continuation Agreement.
3. This 2014 Continuation Agreement is executed in duplicate originals, each of
which is deemed to be for all purposes.
4. Force Majeure. Neither party shall be considered in default of any of its
obligations under this Agreement when a failure of performance shall be due to an uncontrollable
force. The term "uncontrollable force" shall mean flood, earthquake, storm, fire, lightning,
epidemic, war, riot, civil disturbance or disobedience, federal, state, or municipal action, statute,
ordinance, or regulation, embargoes of the United States Government or any other government,
which by exercise of due diligence such party could not reasonably have been expected to avoid
and by exercise of due diligence has been unable to overcome. Either party rendered unable to
fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give
written notice within five (5) business days of such fact to the other party and shall exercise due
diligence to remove such inability with all reasonable dispatch.
5. The Parties agree that section 21 of the Services Agreement shall be revised to
provide as follows:
24. Miscellaneous.
a. Verbal representations. Customer acknowledges and understands that Customer is to
receive the Service detailed in this Agreement and the Customer is not relying on any
affirmation of fact, promise or description from any person or entity, nor any other oral or
written representation other than what is contained in this Agreement.
b. Modification. The Agreement may only be modified, or any rights under it waived, by
a written document executed by both parties.
c. Arbitration and Venue. "Any dispute, claim or controversy arising out of or relating
to this Agreement or the breach, termination, enforcement, interpretation or validity thereof,
including the determination of the scope or applicability of this Agreement to arbitrate, shall be
determined by arbitration in Los Angeles, California. The arbitration shall be administered by
JAMS pursuant to its Streamlined Arbitration Rules and Procedures. The arbitrator shall be a
retired judge, unless the Parties agree to accept a non judge arbitrator. If the Parties cannot
agree on an arbitrator, then each party shall select an arbitrator and these two arbitrators shall
select an arbitrator that the arbitrators agree will be impartial and serve the best interests of the
Parties. All decisions of the arbitrator shall be in writing. The arbitrator shall provide written
reasons for his or her decision. The arbitration decision shall be final and binding on the
Parties. Judgment on the decision may be entered in any court having jurisdiction pursuant to
this Agreement. This clause shall not preclude Parties from seeking provisional remedies in aid
of arbitration from a court having jurisdiction pursuant to this Agreement.
d. Venue. The exclusive jurisdiction and venue under this Agreement shall be the
Superior Court of California, Los Angeles County.
e. Attorney Fees. The prevailing party shall be entitled to recover its costs, including
reasonable attorney's fees.
£ Conflict with Applicable law. In the event of a conflict between this Agreement and
any applicable tariff, the tariff shall prevail.
g. Binding effect. This agreement shall be binding on the Parties hereto and their
respective personal and legal representatives, successors, and permitted assigns. If any
provision of this Agreement is held to be invalid or unenforceable, the validity and
enforceability of the remaining provisions of this Agreement shall not be affected thereby.
Agreement headings are provided for reference purposes only."
6. The provisions of this 2014 Continuation Agreement, together with the Services
Agreement, shall constitute the entire agreement of the Parties with respect to the subject matter
herein and shall supersede any other Agreement, understanding, or arrangement, whether
written or oral, between the Parties in conflict therewith respect to the subject matter hereof.
To the extent the terms of this 2014 Continuation Agreement conflict with the terms of the
existing Services Agreement, the terms of this 2014 Continuation Agreement shall apply.
7. All terms not otherwise defined herein shall have the meaning ascribed to such
terms in the Services Agreement.
IN WITNESS WHEREOF, the Parties have signed this 2014 Continuation Agreement as
of the date stated in the introductory clause.
[SIGNATURES FOLLOW ON NEXT PAGE]
City of Vernon Broadband, LLC (a wholly owned
subsidiary of Bandwidth.com, Inc.)
BY: By:
Name: Mark Whitworth, City Administrator Name:
ATTEST: By:
Name:
Title:
Ana Barcia, Deputy City Clerk
APPROVED AS TO FORM:
Hema Patel, City Attorney
EXHIBIT A
Services and Rates
broadband
Service Order Form
Upgrade Prepared For: City of Vernon
Valid Until:December 12,2014
E-1a�'1{ Add -- - - -
4305 Santa Fe Avenue
Vernon, CA 90058
Billing Address:
4305 Santa Fe Avenue
Vernon, CA 90058
Monthly
Circuit
Ethernet -Upgrade 200.00/ 36 $4,250.00 $0.00
200.00
AIMA TOTAL $4,250.00 $0.00
By its signature below, Customer authorizes Broadband, LLC and its affiliates to obtain a credit report(s) from any credit reporting
service(s)and to rely on such credit report(s)to evaluate Customer.
UPON EXECUTION OF THIS SERVICE ORDER FORM ("SOF") BY BROADBAND, LLC, THIS SOF CONSTITUES AN AGREEMENT
BETWEEN BROADBAND, LLC AND CUSTOMER.
RATES AND CHARGES AS SET FORTH ON THIS SOF DO NOT INCLUDE APPLICABLE FEDERAL, STATE, OR LOCAL TAXES,
AND ALL USE, SALES, COMMERCIAL, GROSS RECEIPTS, PRIVILEGE, SURCHARGES, OR OTHER SIMILAR TAXES, LICENSE
FEES, MISCELLANEOUS FEES,AND SURCHARGES, FOR WHICH CUSTOMER IS RESPONSIBLE.
Termination by Customer during any applicable Service Term (as defined in the applicable Terms and Conditions)shall be a Default(as
defined in the applicable Terms and Conditions) and will result in liquidated damages as set forth in the applicable Terms and
Conditions.
By its signature below, Customer certifies that it has reviewed and agrees to be bound by (i)the applicable Terms and Conditions for all
Services listed on this SOF, which are posted at: www.broadband.com/legal, and (ii) the Acceptable Use Policy posted at:
www.broadband.com/legal, all of which are fully incorporated herein by reference.
Customer Acceptance Broadband, LLC Acceptance
Name: Name:
Signature: Signature:
Date: Date:
broadband
Data Installation Guide
• Customers ordering a T1 or NxT1 should expect installation to occur within an average 30-45 business days from the date of order submission by
Broadband to the underlying Carrier.
• Customers ordering MPLS, DS3,OCx and Collocation service solutions should expect installation to occur within an average of 60-90 business days
from the date of order submission by Broadband to the underlying Carrier(s).
• All order submission will occur only after a completed contract has been presented and received by Broadband and the Customer has been
approved for any/all applicable credit.
• It is important to understand that the average times to installation presented above are based on industry standards and Broadband experience.
Individual circumstances may dictate that these installation timeframes could be shorter or longer than the aforementioned averages.
■ Orders may be expedited and are contingent upon Carrier capability and acceptance. A one-time non-recurring expedite fee will be assessed on a
Customer's invoice. However, payment of this fee by the Customer does not guarantee a specific timeframe or completion date.
• Throughout the installation process a Customer will work with Broadband Installation Specialists and Activation Engineers. The Installation
Specialist will manage the installation process up to Service Activation and is responsible for interacting with the Carrier to ensure all milestones
are met, escalations and confirming with the Carrier and Customer that contracted service is provisioned correctly. The Activation Engineer is
responsible for activating and verifying service. In addition,a web portal is available to monitor installation progress.
To properly set expectations,the following general timeline and Customer requirements are being provided for reference.
Day 1-3: Order is placed with the Carrier
Broadband will place the order with the underlying Carrier for Data service.The following requirements must be met by the Customer prior to
order placement:
Basic Requirements:
• Accurate address including suite number and onsite phone number
• Valid onsite contact with appropriate phone number
• Main point of entry(MPOE)location where the Local Exchange Carrier(LEC)will deliver service the building(i.e.basement on first floor)
• DMARC location,the actual location within the building where the service is to be delivered(i.e.suite 100)
• Number of IPs desired and completed iP justification form if required by the Carrier
Broadband is not responsible for extending the circuit to the DMARC location unless the extension has been explicitly ordered and is listed as a line
item on the Broadband Service Order Form(SOF).Unless the DMARC extension is listed on the SOF the circuit will only be delivered to the MPOE
(as determined by the LEC)and any extension is the sole responsibility of the Customer.
In general,any changes to the above information or to the service order during the installation process could result in delays and additional fees.
After the order is placed with the Carrier a Broadband Installation Specialist will contact the Customer point of contact on record and complete an
introduction call to review the ordered service solution,address,contact information,and will confirm the Customer has access to the customer
portal.
I FY
broadband
Day 4-9: Carrier places order with Local Exchange Carrier(LEC)
The Installation Specialist will ensure the Carrier has initiated the design an engineering of the circuit so the order can be passed to the LEC.The
LEC will then begin the design and engineering of the local loop.
Day 10-20: Installation Date(Firm Order Commitment Date)Established
The LEC will provide a Firm Order Commitment(FOC)date for installation of the local loop. At this time,if a FOC date has not been established the
reason for delay will be relayed to the Customer.
Day 21-30: Local Loop is installed(Firm Order Commitment Date)
A technician from the LEC will install the local loop to the service location.The following requirements must be met in order for the technician to
complete installation:
Requirements:
A customer contact must be onsite to allow the LEC technician access to the location and telco closet as applicable for an entire business day
Day 31-45: Service Activation
After the local loop has been installed and the LEC has tested and accepted with the Carrier,the Installation Specialist will schedule an activation
appointment with the Customer. The following requirements must be fulfilled prior to the activation appointment:
Requirements:
• Space and power must be allocated for all equipment components applicable to Data service and any necessary mounting boards or racks
shall be provided by the Customer
• Sufficient power outlets must be available for the power unit which requires a standard 120V AC plug. The power outlet must not be
overloaded and must be within 6'of the Data Router
• Any DMARC extensions not ordered through Broadband must be complete
• All LAN devices and the Data Router must be wired/connected—Broadband does not provide patch cables
• The Data Router requires an operating environment with temperature ranges between 35-85"F and humidity of less than 90%,non-
condensing
• The environment must be free of excessive dust
• Customer must call in to Broadband at the scheduled time of the activation appointment
The Broadband Activation Engineer will bridge the Carrier on the phone with the Customer and conduct testing to ensure Data service is working
properly.
Day 60: Service Activation-DS3's/OCX's/Ethernet/Colocation/MPLS
DS3 and OCX Solutions have an installation interval of 60-90 business days. Actual installation timeline will vary as these solutions may require
build outs,special equipment,or other special requirements from the Carrier,LEC,and the Customer.
broadband ;4eA1jj
7-- A IAIA
The following Data Solutions may have additional requirements and specifications:
CO-LOCATION
In order to avoid any delays,it is the Customer's responsibility to inform Broadband prior to order placement on what floor their equipment is
located.Customers needs to work with their existing vendors(hosting company/cross connect provider)to determine where the circuit should be
terminated and how the circuit shall be provided(i.e.open port on MPOE,open port on Carrier POP,channel on existing facility).In some cases,a
CFA/LOA will need to be provided by the Customer.In addition,the Customer is also responsible for ordering the appropriate cross-connect from
the MPOE to their equipment.
ETHERNET
When purchasing an Ethernet solution from a Carrier,it is the Customer's responsibility to ensure that the Carrier has facilities going to the
Customer's floor.The Customer is responsible for extending this service either from the MPOE or the Telco closet on their floor to their suite if
desired.
MPLS
The Customer must work with Broadband on an implementation plan to ensure the appropriate sites are installed in the order of importance.
Customer must also provide their private IP addressing scheme and routing requirements.If the Customer is getting voice,their bandwidth
requirements for voice across this network must be understood and provided to Broadband along with QOS requirements so the appropriate
settings are implemented on the Carrier's network.
Billing
Billing for Data Service will begin no later than two(2)business days after service is deemed ready for Billing and Invoicing by Broadband.
Customer failure to promptly schedule and activate the circuit will result in billing beginning before service can be utilized by the Customer.In
addition,the Customer is solely responsible for canceling any service with previous Carriers and for updating any email or web hosting IP
addresses with the current provider.Broadband does not support email or web hosting applications but can update any email or DNS records once
the activation appointment has been completed.
Multi-Site Solutions
Multi-site solutions such as MPLS are billed site by site and not when all sites are installed.If all sites are ordered at the same time,each site will
be billed as they are installed,tested,and accepted by the Carrier,regardless of whether Customer has completed all necessary steps to activate
Service or whether other sites in the MPLS network are ready for activation.
Move Orders
In the event the Customer wishes to move service to a new location Broadband must be notified by an authorized contact by emailing
support@Broadband.com a minimum of sixty(60)business days prior to the move.Broadband will coordinate the move of services once the new
location is secure,has power,has a backboard or rack for equipment,and a new contract with Broadband has been signed and processed. Please
note that Customers that do not have a minimum of twelve(12)months left on their existing contract will be re-termed for one(1)year upon
completion of the move.The general timeframe for Data service move orders is the same as the timeline noted above.
Termination
Upon termination of the Service Agreement and/or the Service(s)not due to default,Broadband LLC.will disconnect,or will cause to be
disconnected,the Service(s)if notified by the Customer in writing via email to support@broadband.com with no less than forty calendar(40)days
notice prior to termination of the Agreement and/or Service(s).
broadband
Customer Care&Support Contact Information
• Phone:800-409-4357
• Email:support@Broadband.com
Sales Contact Information
• Please contact your sales representative directly or email sales at sales@broadband.com
Customer Acceptance
Customer acknowledges that the preceding installation timeline is provided as a general timeline only and that Broadband does not guarantee
any specific date or timeframe for installation. Customer has read all of the requirements and specifications for Data service installation.
Customer further acknowledges that failure to meet any requirement or specification may result in delays in the installation process. Customer
further acknowledges that Billing/invoicing for Data Service(s)will begin no later than two(2) business days after service is deemed ready for
activation by Broadband and that Multi-site solutions such as MPLS are billed site by site and not when all sites are installed.
By signing below, Customer signatory certifies that(s)he is an officer or certified representative of the above listed Company authorized to enter
into a binding agreement(s)on behalf of said company and affirmed by seal below as of the date below.
Customer Acceptance Broadband, LLC Acceptance
Name: Name:
Signature: Signature:
Date: Date:
broadband.com
TERMS AND CONDITIONS
These Service Terms and Conditions (the"Terms and Conditions") apply to the Services (as defined below)described in the Service Order Form
("SOF")by and between Bandwidth.com,Inc.("Provider")and the customer named in the SOF("Customer").
Provider may amend these Terns and Conditions from time to time by posting an amended version at www.broadband.com/legal/tenns and sending
Customer written notice thereof. Such amendment will be deemed accepted and become effective thirty(30)days after such notice(the"Proposed
Amendment Date")unless Customer first gives Provider written notice of rejection of the amendment. If Customer rejects such amendment,these
Terms and Conditions will continue pursuant to its original provisions and the amendment will become effective at the commencement of the next
Renewal Tern(as defined below)following the Proposed Amendment Date. Customer's continued use of the Services following the effective date
of an amendment will confine Customer's consent thereto.
1. Service Description. Provider will provide Customer with the Services described in the SOF for the Service Term so long as no Default(as
defined below)has occurred. Customer has the sole and exclusive responsibility for the installation,configuration,security(including,without
limitation, firewall security policies, even if Customer uses a third party to configure and implement such measures), and integrity of all
Customer facilities, systems, equipment, proxy servers, software, networks, network configurations and the like (the "CPE") used in
conjunction with or related to the Services provided by Provider, unless Customer obtains such CPE from Provider pursuant to a written
agreement between Customer and Provider and Provider expressly assumes any of such duties in writing.
2. Service Activation Date. The"Service Activation Date"means the date two (2) business days after Provider deems the applicable Services
ready for activation,which customarily will follow Provider's receipt of confirmation from any applicable underlying carrier(s)that the Services
are ready for activation; provided, however, with respect to MPLS Services (as defined below) only (as identified on the SOF), the "Service
Activation Date" means the earlier of (i) the date two (2) business days after Provider deems the Services ready for activation, which
customarily will follow Provider's receipt of confirmation from any applicable underlying carrier(s) that the Services are ready for activation;
and (ii) the date the Service is successfully activated by the underlying carrier and confirmed tested and accepted by Customer and
Provider. Provider will notify Customer(via phone,email or other means)of the Service Activation Date. For clarity,the Service Activation
Date established by Provider will apply regardless of whether Customer has completed all necessary steps to activate the Services.
3. Service Term. The initial Service Term will be as specified in any applicable SOF(the"Initial Service Term"). The Initial Service Term will
automatically extend thereafter upon the same terns and conditions applicable during the Initial Service Tern for additional consecutive term(s)
of one (1) year unless earlier terminated pursuant to these Tenns and Conditions or unless either party provides notice of nonrenewal to the
other at least sixty(60)days prior to the expiration of the then existing Service Tenn.
4. Service Availability. Provider may from time to time interrupt or otherwise impact Services for routine maintenance. Provider will make
commercially reasonable efforts to provide to Customer reasonable advance notification(via phone,email or other means)of such maintenance.
Provider will use commercially reasonable efforts to perform such maintenance in a manner that will not unreasonably interrupt Services.
Provider normally will perform maintenance between the hours of 11:30 PM and 6:00 AM Eastern. If Provider determines that emergency
maintenance is necessary for any reason,Provider will make commercially reasonable efforts to notify Customer with respect to the anticipated
down-time and/or other information pertinent to the affected Services.
5. Service Support. Provider provides support for the Services only as described at www.broadband,com/legai/support pursuant to any applicable
Service Level Agreement("SLA")posted at www.broadband.com/legal/SLA. NOTWITHSTANDING ANY TERM OF THESE TERMS AND
CONDITIONS OR ANY APPLICABLE SLA TO THE CONTRARY,PROVIDER DOES NOT SUPPORT ANY SERVICES BEYOND THE
PROVIDER POINT OF DEMARCATION,DEFINED AT WWW.BROADBAND.COM/LEGAL/SUPPORT.
6. Applicable Only If Customer Leases CPE from Provider: If Customer installation is required,then Customer must install such leased
CPE in accordance with instructions provided by Provider(or its third party vendor). Such CPE must be used solely to utilize Services.
Customer acknowledges and agrees that Provider retains title to such CPE at all times and will not remove or modify any marking
indicating Provider's ownership of such CPE. Customer will allow Provider reasonable access to the CPE as required to provide the CPE
and/or any applicable Services. Customer acknowledges and agrees that any such leased CPE may be new or recertified. CPE leased by
Customer from Provider may be covered under a limited warranty provided by any applicable manufacturer or provider, which Provider will
extend to Customer without charge to the extent Provider can do so pursuant to Provider's agreements with any applicable manufacturer or
provider;however,Provider provides no warranty with respect to any such leased CPE(and/or CPE provider service). Customer will reimburse
Provider,on a time and materials basis,for Provider's entire cost to repair and/or replace any such CPE in the event of(a)misuse,(b)failure to
exercise reasonable care,(c)alteration of the original configuration of such CPE by Provider,(d)damage,(e)theft,or(f)disaster. If such CPE
requires maintenance not caused by one of the events set out in the preceding sentence,Provider(or its agents)will either arrange to repair such
CPE at Customer's premises or ship an equivalent pre-configured replacement to Customer. If Provider ships replacement CPE to Customer at
any time, Customer will return, at Customer's cost and expense, the replaced CPE to Provider not later than ten (10) days immediately after
Customer's receipt of the replacement CPE or pay for such replaced CPE. Customer will not receive any compensation or credit for any
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BANDWIDTH.COM,INC.-Proprietary&Confidential Information
Terms and Conditions—Updated September 2011
downtime or outages associated with the replacement or repair of any such CPE. Upon expiration or termination of these Terms and Conditions
and/or any applicable SOF for any reason,Customer will return, at Customer's cost and expense,to Provider any leased CPE not later than ten
(10) days immediately after the expiration or termination of these Terms and Conditions and/or any applicable SOF. Customer is responsible
for all risk of loss and damage to CPE being shipped to Provider pursuant to this Section 6. If Customer fails to return such leased CPE in good
working condition to Provider not later than thirty (30)days immediately after the expiration or termination of the Service Term,Provider will
charge Customer (and Customer agrees to pay Provider) the greater of $5,000.00 or the commercial value of such CPE, which amount
represents the agreed-upon value of the CPE. If Customer terminates any applicable lease of any CPE prior to the expiration or termination of
any applicable Service Term,in addition to any amounts otherwise due and payable pursuant to the terms and conditions of such lease,Provider
may charge Customer a restocking fee equal to twenty percent(20%) of the original purchase price of such leased CPE. Notwithstanding any
terms or conditions of any SLA to the contrary,except as otherwise expressly provided in this Section 6,Provider does not maintain,support or
manage any CPE, which will be the obligation of Customer solely. Customer is solely responsible for unauthorized access to or use of any
Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or fraudulent
and regardless of whether Customer had knowledge of such unauthorized access.
7. Applicable Only If Customer Purchases CPE from Provider: CPE purchased by Customer from Provider may be covered under a limited
warranty provided by any applicable manufacturer or provider,which Provider will extend to Customer without charge to the extent Provider
can do so pursuant to our agreements with any applicable manufacturer or provider;however,Provider provides no warranty with respect to any
such purchased CPE (and/or CPE provider service). All sales of CPE purchased by Customer from Provider are final; provided, however, if
Customer receives purchased CPE that is damaged or nonfunctional upon arrival, (i) within ten (10) days of receipt of such damaged or
nonfunctional CPE, Customer must notify Provider via email to Customer Care at customcrcarc[abroadb and.com to request an RMA; (ii)
Provider only will accept returns of any such damaged or nonfunctional products within thirty(30)days of the date of the shipment to Customer
by Provider; (iii) any such damaged or nonfunctional CPE timely returned to Provider by Customer must be fully complete, including all
original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other
documentation included with the original shipment to Customer; (iv) Provider will not accept CPE returned in used or altered condition; (v)
Customer is solely responsible for all costs and expenses connected to the shipment to Provider of any such damaged or nonfunctional products
shipped to Provider pursuant to this Section 7;(vi)Customer is responsible for all risk of loss and damage to products being shipped to Provider
pursuant to this Section 7;and(vii)if Provider determines that the CPE operates within manufacturer specifications upon return pursuant to any
applicable RMA, the affected CPE will be returned to Customer at Customer's sole cost and expense, the sale of such CPE will remain final,
and Provider may charge Customer a restocking fee equal to twenty percent(20%)of the original purchase price of such CPE. Notwithstanding
any terms or conditions of any SLA to the contrary, except as otherwise expressly provided in this Section 7, Provider does not maintain,
support or manage any CPE,which will be the obligation of Customer solely. Customer is solely responsible for unauthorized access to or use
of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental, intentional or
fraudulent and regardless of whether Customer had knowledge of such unauthorized access.
8. Applicable Only If Customer Obtains Managed Network Services Pursuant to Any Applicable SOF: "Managed Network Services"are
Services that may be specified in writing as"Managed Network Services"pursuant to any applicable SOF and is a solution in which the Internet
access CPE(whether provided by Customer or Provider) is managed by Provider. If Customer chooses to provide its own Internet access CPE,
Customer hereby assigns full operational management responsibility, including,but not limited to,full management of the logical configuration
for such CPE,solely to Provider. Except as expressly provided in any applicable SOF,no Managed Network Services apply.
9. Applicable Only If Customer Obtains Professional Services Pursuant to Any Applicable SOF: "Professional Services"are any services
that may be specified in writing as "Professional Services"pursuant to any applicable SOF and is a service in which Provider provides certain
professional services to Customer as specified in such SOF. Except as expressly provided in any applicable SOF, no Professional Services
apply. All Professional Services will be provided by phone,email or other similar means from Provider's facilities.
10. Billing and Payment. Unless the terms and conditions of any applicable SOF provide for prepayment to Provider by Customer with respect to
any applicable Service(s), Customer will pay for all Service(s) not later than the date fifteen (15) calendar days immediately after the invoice
date reflected on Provider's invoice ("Due Date"). Provider will bill Customer, and Customer will pay, for Services at the rates stated in any
applicable SOF, including,without limitation, any applicable MRC and/or NRC, as well as any other charges or amounts as described in the
SOF and/or these Terms and Conditions. After any applicable Initial Service Term, Provider may increase any applicable rates, including,
without limitation,any applicable MRC and/or NRC,upon at least thirty(30)days written notice to Customer;provided,however,Provider may
at any time pass on to Customer any circuit price increases from any applicable underlying carrier(s)upon at least thirty(30)days written notice
to Customer. Bills and/or charges will include all applicable federal, state,and local taxes; all such taxes,and all use, sales,commercial, gross
receipts,privilege,surcharges,or other similar taxes,license fees,surcharges and miscellaneous fees,including but not limited to regulatory fees
such as Universal Service Fund and including, without limitation, any cost recovery fee which shall represent an accurate and non-inflated
recovery of Provider's, or any underlying provider's, miscellaneous tax, surcharge, and fee payments to federal, state or local governmental
authorities associated with the provision of Services by Provider to Customer pursuant to these Terms and Conditions and/or any applicable
SOF ("Taxes" and "Fees" or together "Taxes and Fees"), whether or not charged to or against Provider, will be payable by Customer.
However, if Customer provides proof of its exempt status for a specific Tax or Fee,Provider will not charge the applicable Tax or Fee due to
such exemption. If applicable,Customer will supply Provider a valid and properly executed tax exemption certificate(s)in the form of an email
(with supporting attachments) sent to customercare(wbroadband.com with "Notice of Tax Exempt Status" in the subject line of the email. In
such cases Customer remains responsible for, and agrees to pay, any and all remaining non-exempt Taxes and Fees; tax exemption status
validation is solely the responsibility of Customer and Provider will not be obligated to consider any retroactive tax exemption. In the event of
any Regulatory Activity,Provider reserves the right,at any time with as much advance notice as reasonably possible and without liability,to: (i)
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BAND WIDTH.COM,INC.-Proprietary&Confidential Information
Terms and Conditions—Updated September 2011
pass through to Customer all, or a portion of, any Taxes and Fees directly or indirectly related to such Regulatory Activity; (ii) modify the
Services, rates (including any applicable rate guarantees), promotions, terms and/or conditions of these Terms and Conditions and/or any
applicable SOF to conform to such Regulatory Activity; and/or(iii)if such Regulatory Activity materially and adversely impairs the provision
of Services pursuant to these Terms and Conditions and/or any applicable SOF, as reasonably determined by Provider, terminate these Terms
and Conditions,any applicable SOF and/or the provision of any applicable Services. Provider will commence billing for all MRC and any other
charges pursuant to these Terms and Conditions and/or any applicable SOF on any applicable Service Activation Date. Except as expressly
provided in any applicable SOF,the MRC applicable to any applicable Service for the first and second calendar months immediately following
the applicable Service Activation Date(and any then applicable NRC)will be billed upon the Service Activation Date. If applicable,the MRC
applicable to any applicable Service for the first partial calendar month immediately following the applicable Service Activation Date will be
pro rated and billed accordingly. Thereafter,the applicable MRC for each calendar month(and any applicable NRC)will be billed on or about
the first day of such calendar month. Time is of the essence with respect to any amounts due or payable pursuant to these Terms and Conditions
and/or any applicable SOF. After fifteen(15)days of non-payment after the Due Date,all fees will accrue interest at a rate of one and one-half
percent(1.5%)per month or any part thereof,or the highest rate allowed by applicable law,and Customer will pay all collection costs incurred
by Provider (including, without limitation, reasonable attorney's fees). If, at any time after any applicable Due Date for any applicable bill,
Customer has failed to make satisfactory payment as determined by Provider, Provider may give Customer written notification (by email or
otherwise), that Customer has committed a Default of these Terms and Conditions and/or any applicable SOF. Provider will provide the
"Notification of Default" at least two (2) business days prior to Provider's suspension or termination of any applicable Service for such
Customer. Customer must pay all outstanding amounts payable to Provider pursuant to these Terms and Conditions and/or any applicable SOF
within such two (2) business day period to avoid suspension or termination of any applicable Service. If Provider terminates any applicable
Service for such Customer due to non-payment pursuant to these Terms and Conditions and/or any applicable SOF, then, in addition to any
other amounts then due and payable by Customer to Provider, Customer also will be obligated to pay to Provider the fees described in these
Terms and Conditions and/or any applicable SOF. Upon termination of these Terms and Conditions and/or any applicable SOF(s), then
Provider may collect from Customer: (i)all amounts due and payable pursuant to these Terms and Conditions,including,without limitation,any
document incorporated by reference into these Terms and Conditions, for Service(s) provided prior to such termination, including, without
limitation, any past due balance at the time of such termination, and/or the remainder of the Service Term; (ii) the total of all minimum
commitments for any Service(s)for the remainder of the Service Term applicable pursuant to any applicable SOF(s);(iii)any early termination
charges, if any, specified in any applicable SOF(s) or any other document or agreement between Customer and Provider; and (iv) if such
termination arises pursuant to any Default,any non-recurring charges previously waived at any time by Provider. Customer acknowledges and
agrees that the damages arising due to the early termination of this Agreement would be difficult to determine and, therefore, for the sake of
efficiency, economy and convenience, any early termination charges constitute liquidated damages and are not intended as a penalty or to be
punitive in nature. Upon the occurrence of a Default (other than for nonpayment as provided above), Provider may immediately suspend or
terminate any applicable Service for such Customer. Provider may, at any time and in its sole discretion: (i) require a security deposit to
continue provisioning any applicable Service to Customer pursuant to these Terms and Conditions and/or any applicable SOF, if Customer's
level of approved credit,as determined by Provider in its sole discretion,is deemed insufficient,as determined by Provider in its sole discretion;
(ii) change payment terms, billing cycle, and/or any applicable Due Date(s); (iii) demand immediate payment by wire or other means and
discontinue any applicable Service for Customer without notice to Customer if Customer's level of approved credit,as determined by Provider
in its sole discretion,is deemed insufficient,as determined by Provider in its sole discretion;and/or(iv)immediately block Customer's access to
or use of any applicable Service if a Customer's pre-paid balance is depleted,or Customer otherwise refuses to make any reasonably requested
payments.Provider retains the right to bill,including,without limitation,amend or correct any bill previously issued,for any applicable Service
provided pursuant to these Terms and Conditions and/or any applicable SOF, for a period of up to twelve(12) months, commencing from the
date of the provision of any applicable Services to Customer. Provider will retain such billing rights for such twelve (12) month period
notwithstanding any prior billing to Customer for the same period(s) and regardless of any otherwise conflicting billing conditions in these
Terms and Conditions and/or any applicable SOF. For the duration of such twelve (12) month period, Provider will not be deemed to have
waived any rights with regard to billing for any applicable Service provided pursuant to these Terms and Conditions and/or any applicable SOF
during such period, nor will any legal or equitable doctrines apply, including estoppel or [aches. Unpaid bills and/or charges may be sent to
third party collection agencies.
11. Billing Disputes. If Customer disputes any amounts charged to Customer by Provider pursuant to these Terms and Conditions and/or any
applicable SOF,Customer will pay in full all charges billed by any applicable Due Date and thereafter submit written notification,within thirty
(30) calendar days of the date of the disputed charges, in the form of an email sent to customercareC&broad band.com with "Notice of Billing
Dispute" in the subject line of the email. Such email notification must include Customer's complete contact information, the specific dollar
amount in dispute,detailed supporting calculations and reasons for the dispute,and any supporting documentation,if available,in the body of or
attached to, the email. Provider will respond to Customer, in writing, within thirty (30) calendar days immediately after receipt of from
Customer of any such notice of billing dispute. Any dispute resolved in favor of Customer will be credited as appropriate to the next bill
issuable by Provider pursuant to these Terms and Conditions and/or any applicable SOF. If Provider determines that any disputed amounts are
correct as billed pursuant to these Terms and Conditions and/or any applicable SOF, Provider will notify Customer in writing that the charges
have been deemed valid and legitimate,and the dispute will be considered resolved by both parties;if,for any reason,any amount(s)remain due
from Customer related to such dispute,then all such amounts will be due and payable immediately. Provider reserves the right to deny or delay
any and all billing disputes and/or credits if Customer's account is in arrears or otherwise not in good standing.
12. Resumption of Service. If Customer requests the restoration of any applicable Service to such Customer after a suspension or termination,
Provider has the sole and absolute discretion to restore any applicable Service to such Customer and may condition restoration upon satisfaction
of such conditions as Provider determines necessary, including, without limitation, Customer's execution or delivery of a new agreement,
payment of all past due amounts in full,completion of Provider's credit approval process,and/or the making of advance payments. Additional
NRC also may apply.
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BANDWIDTH.COM,INC.-Proprietary&Confidential Information
Terms and Conditions—Updated September 2011
13. Additional NRC and Usage Charges.
General. Provider also may invoice Customer for the following NRCs: (i) Changes of 1P Addresses: $100.00; (ii) Service Reinstatement/
Resumption Fee: $200.00 (plus any charges imposed by underlying carrier(s) and/or pursuant to Section 12 above); (iii) Missed Appointment
Fee: $200.00; (iv)Rejected Credit Card/Unpaid Check: $40.00 (or legal limit,if lower); (v) Relocation Fee: varies upon address; (vi)Upgrade
Charge:varies upon specific upgrade requested;and(vii)Downgrade Charge:varies upon specific downgrade requested.
Inside Wiring. The availability of inside wiring installation is dependent upon a number of factors,including,without limitation,any applicable
service address and/or LEC availability. Any inside wiring provided by Provider's underlying carrier(s)may incur additional fees to the charges
listed in the SOF. Any request for inside wiring or wiring extension for any applicable Services will be provided on a best-effort basis only. In
many cases, Customer's LEC will not extend wiring beyond the Minimum Point of Entry ("MPOE") as determined by the LEC. In all such
cases, Customer will provide any needed internal wiring or extensions (and required conduit, facilities, power, etc.) to the circuit required to
provision service unless Provider has agreed in writing to provide this service to Customer.
Special Construction Charge. When a Customer's location has insufficient facilities needed to support any applicable Service, the underlying
carrier(s)may add facilities that may impose an additional "special construction charge" or other similar charge. If this occurs, Provider will
notify Customer(via phone,email or other means)of the cost of these additional special construction charges,if available and if any,as well as
the estimated time to complete the construction. Customer must agree in writing to pay these additional special construction costs within three
(3)business days. If Customer fails to do so,Provider will cancel the SOF for lack of facilities and the SOF will terminate without liability to
either Customer or Provider.
Miscellaneous Charges. Miscellaneous charges and/or fees imposed by any third party carrier or any underlying provider from time to time,
whether charged to or against Provider,will be payable by Customer,including,without limitation, any cost recovery fee which shall represent
an accurate and non-inflated recovery of the miscellaneous charges and/or fees to or against Provider associated with the provision of Service(s)
by Provider to Customer.
Usage Charges(Applicable to Burstable Dedicated Internet Access Service Only): Additional usage charges stated in any applicable SOF
will be calculated based on Customer's monthly usage, which Provider will calculate as follows: Provider will take usage samples
approximately every five(5) minutes throughout the applicable month and will retain the higher of two (2)samples taken during each
five(5)minute period-one(1)sample that will reflect inbound usage/utilization and one(1)sample that will reflect outbound usage
/utilization. At the end of the applicable billing period,the samples will be arranged from highest to lowest. Provider will discard the
top five percent (5%) of the samples for the purposes of calculating Customer's monthly usage. Provider will utilize the highest
remaining sample (i.e., the ninety-fifth percentile (95%) peak Mbps port utilization) (the "Mbps Port Utilization") to calculate
Customer's monthly usage. Provider will measure the Mbps Port Utilization to the 100Lh decimal place,but the invoice will reflect the
Mbps Port Utilization only to the loth decimal place. Provider will multiply the Mbps Port Utilization by the per-Meg rate listed on any
applicable SOF to calculate any applicable additional usage charges. Provider will charge Customer such additional usage charges as
well as any applicable base rate provided in any applicable SOF.
14. IP Addresses. Customer acknowledges that Provider retains title at all times to the IP addresses assigned to Customer in connection with any
Service. Upon IP address reassignment or expiration, cancellation or termination of these Terms and Conditions and/or any applicable SOF,
Customer will relinquish any IP addresses or address blocks assigned to Customer by Provider or its underlying carrier(s)and will perform all
acts reasonably requested by Provider to return to Provider full use of such IP addresses and address blocks.
15. Default. Upon the occurrence of a Default, Provider may, in addition to delivering an Escalation Notice pursuant to Section 19(a) below: (i)
suspend Provider's performance of any or all Services without liability or further obligation immediately; (ii) terminate any or all SOF(s)
without liability or further obligation immediately upon written notification of termination to Customer; and/or(iii)terminate these Terms and
Conditions and/or any applicable SOF without liability or further obligation immediately upon written notification of termination to Customer.
Upon the occurrence of a Default,the following fees will apply,which Customer acknowledges and agrees are customary and reasonable and do
not constitute a penalty or premium: (a)any amounts due pursuant to these Terms and Conditions and/or any applicable SOF incurred prior to
such termination,(b)any amounts due pursuant to any applicable SOF with respect to any applicable Service,including,without limitation,the
total of any applicable monthly minimum commitments for any Services provided hereunder for the remainder of the applicable Service Term
and any other fees included in any applicable SOF,and(c)any NRC previously waived by Provider. All remedies expressed in this Agreement
are without exclusion as to any rights or remedies that the parties may have under this Agreement or which may be recognized under controlling
law.
16. Termination by Provider. In addition to any other right that Provider may have to terminate or suspend these Terms and Conditions and/or
any applicable SOF,if Provider determines,in its sole discretion,that Customer's ongoing use of any or all Services,and/or the specific method
or technology utilized by Customer places the network operated by Provider, other customers, partners or the overall business(es) of each in
jeopardy, Provider reserves the right to terminate these Terms and Conditions and/or any applicable SOF and Customer's access to any or all
applicable Services immediately and without notification.
17. Acceptable Use Policy. All use of any Services must comply with Provider's Acceptable Use Policy, which is posted at
www.broadband.com/legal/AUP, and is incorporated herein by reference. By using any Services,Customer agrees to comply with the AUP,as
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BAND WIDTH.COM,INC.-Proprietary&Confidential Information
Terms and Conditions-Updated September 2011
modified by Provider from time to time in Provider's sole discretion. Any amendment to the AUP will be effective immediately upon the
posting of the modified AUP at www.broadband.com/le alg /AUP. Violation of the AUP by Customer will constitute a Default pursuant to this
Agreement.
18. License;Intellectual Property.
(a) Subject to Customer's compliance with these Terms and Conditions and/or any applicable SOF,Provider grants Customer a non-
exclusive,non-transferable license to use any Electronic Tools provided by Provider from time to time solely in connection with Customer's use
of any Services during the Service Term. Such Electronic Tools may be incorporated into, and may incorporate itself, software and other
technology owned or controlled by third parties. Any such third party software or technology incorporated in any such Electronic Tools falls
under the scope of these Terms and Conditions. Any and all other third party software will be subject to Customer's acceptance of a license
agreement with such third party. Customer will use such Electronic Tools solely for lawful purposes in connection with Customer's use of
Services during the Service Term. Customer will not,directly or indirectly:(i)reverse engineer,decompile,disassemble or otherwise attempt to
discover the source code or underlying ideas or algorithms of any such Electronic Tools; (ii)modify,translate or create derivative works based
on any such Electronic Tools; (iii)rent,lease,distribute, sell,resell,assign,display,host,outsource,disclose or otherwise commercially exploit
or otherwise transfer rights to any such Electronic Tools or make any such Electronic Tools available to any third party; (iv) use any such
Electronic Tools for timesharing or service bureau purposes or otherwise for the benefit of a third party; (v)remove any proprietary notices or
labels on any such Electronic Tools;or(vi)copy,reproduce,post or transmit any such Electronic Tools in any form or by any means,including,
without limitation,electronic,mechanical,photocopying,recording or other means.
(b) Any such Electronic Tool each is the Intellectual Property of Provider. Customer will not delete or in any manner alter the
copyright,trademark, and other proprietary rights notices or markings appearing on or in connection with any such Electronic Tool. Any third
party Intellectual Property included in any such Electronic Tool is the property of the respective owner of such Intellectual Property and may be
protected by applicable law. Nothing in these Terms and Conditions and/or any applicable SOF gives Customer any right or license to any
trademarks and/or trade names(whether registered or unregistered),signs,logos,icons,slogans,banners,screen shots,trade dress,links or other
brand features of Provider without the prior written consent of Provider,which consent may be withheld in the sole discretion of Provider for
any reason. If Customer from time to time provides suggestions, comments and/or other feedback to Provider with respect to any such
Electronic Tool,Provider may,in connection with any of its products or services,freely use,copy,disclose,license,distribute and/or exploit any
such suggestions,comments and/or other feedback in any manner and without any obligation or restriction based on intellectual property rights
or otherwise. Provider will retain sole ownership of any such suggestions,comments and/or other feedback and Customer will not provide any
such suggestions,comments and/or other feedback subject to any terms that would impose any obligation on Provider or any of its customers or
partners.
19. Dispute Resolution Process and Applicable Law.
(a) It is the mutual desire of the parties to promptly and fully resolve any dispute arising in connection with these Terms and
Conditions and/or any applicable SOF in good faith, confidentially, and informally with minimal transaction costs;no public statement may be
made by any party regarding any such dispute. If either party determines that the dispute cannot be resolved informally, then such party will
initiate an escalation process by giving written notice ("Escalation Notice") to the other party. Each party will name one executive as its
representative, to be a person knowledgeable of the subject matter in dispute and someone with authority to discuss the dispute("Officers").
The Officers will meet in person or by conference call, together with any persons assisting them,within fifteen(15) days after delivery of the
Escalation Notice. All negotiations conducted by the Officers are confidential and will be treated as compromise and settlement negotiations for
purposes of the Federal Rules of Evidence and any state rules of evidence. The Officers will conduct such additional meetings as they deem
necessary to exchange relevant information, will appoint staff to engage in resolution of any disputed facts, and will attempt to resolve the
dispute. Should the Officers be unable to resolve the dispute within such fifteen (15) days, or within such additional time as the parties may
otherwise agree to in writing, either party may demand mediation,whereupon the parties will, in good faith, mediate the dispute no later than
thirty(30)days after such demand through the services of a mutually selected mediator,the cost of whom will be borne equally by the parties,at
a date and location selected by the mediator after consultation with the parties. IF THE DISPUTE IS NOT RESOLVED AFTER APPLYING
THE ESCALATION PROCEDURES SET FORTH ABOVE, THE PARTIES AGREE TO WAIVE ANY RIGHT TO TRIAL BY JURY IN
ANY JUDICIAL PROCEEDING ARISING UNDER OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT,AND AGREE
TO SUBMIT ALL CONTROVERSIES, CLAIMS AND MATTERS OF DIFFERENCE TO ARBITRATION ACCORDING TO THE
COMMERCIAL RULES AND PRACTICES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). Arbitration hereunder will
occur within sixty(60)days of the date of submission before a single neutral arbitrator having significant experience in the subject matter of this
Agreement and who will selected in accordance with AAA rules. Arbitration proceedings will take place in Wake County, North Carolina.
Discovery will be permitted, including the use of interrogatories, requests for admission and production of documents and depositions. If the
amount claimed to be in dispute is less than S500,000, all applicable expedited procedures of the AAA will apply. The arbitrator's fees and
costs of the arbitration will be borne by the party against whom the award is rendered, except that if the arbitrator issues a split decision,
granting partial relief to both parties, the arbitrator will equitably allocate the arbitrator's fees and other costs. Each party will pay its attorney's
fees related to any dispute related to this Agreement.The arbitration award will be final and binding on both parties of this Agreement,will not
be subject to any appeal and will be enforceable in any court of competent jurisdiction.
(b) ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR IN COURT, WILL BE
CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS ACTION OR REPRESENTATIVE ACTION OR AS A
MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. CUSTOMER WILL NOT BE A CLASS
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BANDWIDTH.COM,INC.-Proprietary&Confidential Information
Terms and Conditions—Updated September 2011
REPRESENTATIVE, CLASS MEMBER OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED OR
REPRESENTATIVE PROCEEDING.
(c) This Agreement will be governed by, construed under and enforced in accordance with the laws of the State of North Carolina
without reference to its choice of law principles or the United Nations Convention on the International Sale of Goods. In the event any party
brings a civil action or initiates judicial proceedings of any kind related to this Agreement(except for actions to enter or collect on judgments),
the parties consent to the exclusive personal jurisdiction and venue of the federal and state courts located in Wake County,North Carolina and
the prevailing party will be entitled to recover its costs,including reasonable attorney's fees.
20. Limitation of Liability. EXCEPT AS PROVIDED IN SECTION 21 BELOW, IN NO EVENT WILL PROVIDER OR CUSTOMER BE
LIABLE FOR ANY INDIRECT,INCIDENTAL,PUNITIVE OR CONSEQUENTIAL DAMAGES(INCLUDING,WITHOUT LIMITATION,
LOST PROFITS) ARISING OUT OF OR IN RELATION TO THE SERVICES, CPE, AND/OR ANY PRODUCTS OR SERVICE
PROVIDED BY THIRD PARTIES UNDER THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF. PROVIDER'S
MAXIMUM LIABILITY UNDER THESE TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF IS LIMITED TO SERVICE
CREDITS NOT TO EXCEED THE FEES PAID TO PROVIDER BY CUSTOMER FOR THE APPLICABLE SERVICE PROVIDED
DURING THE PRECEDING TWELVE(12)CALENDAR MONTHS.
21. Indemnity. Customer will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors,
representatives and affiliates from and against any and all actual or alleged losses,costs,claims,liability of any kind,damages(including to any
tangible property or bodily injury to or death of any person), or expense of whatever nature, (including reasonable attorneys'fees)to or by any
third party, relating to or arising from (a) the use of any Services provided to Customer, whether or not Customer has knowledge of or has
authorized access for such use,(b)any damage to or destruction of CPE or equipment not caused by Provider or its agents,and(c)any breach of
these Terms and Conditions and/or any applicable SOF by Customer. Customer will be solely responsible for implementing any installation,
configuration, and/or connection of any CPE and has the sole and exclusive responsibility for the security and integrity of such CPE, if any.
Customer therefore will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors,
representatives and affiliates from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees
(including reasonable attorneys'fees)on the part of or which may be incurred by Customer or a third-party relating to or arising from the use or
operation of CPE. Customer's indemnification in this Section 21 includes any actual or alleged losses or claims in connection with unauthorized
access to or use of any Services by any third-party through CPE, regardless of whether such unauthorized access is unintentional, accidental,
intentional or fraudulent and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized
access through or to CPE,Customer retains full and sole responsibility for any and all charges for the use of any Services as otherwise provided
in these Terms and Conditions and/or any applicable SOF. If Provider grants Customer access to any Electronic Tools,Customer agrees that it
is fully and exclusively responsible for all information accuracy, charges, costs, transactions, and activities conducted through such Electronic
Tools. Customer agrees that it is fully and exclusively responsible to safeguard,monitor,manage,and maintain access by any Electronic Tools,
and to only allow authorized use of such Electronic Tools to Customer's Administrator(s) or Account Administrator, as the case may be.
Customer will indemnify and hold harmless Provider and its stockholders, directors, officers, employees, agents, licensors,representatives and
affiliates from and against any actual or alleged losses, costs, claims, liability of any kind, damages, or expenses or fees(including reasonable
attorneys' fees) on the part of or which may be incurred by Customer, or a third-party, relating to or arising from the use or operation of
Electronic Tools, including, without limitation, any actual or alleged losses or claims in connection with unauthorized access to, use,
transactions, or activity conducted through the Electronic Tools, regardless of whether such unauthorized access is unintentional, accidental,
intentional, or fraudulent, and regardless of whether Customer had knowledge of such unauthorized access. In all such cases of unauthorized
access through or by Electronic Tools, Customer retains full and sole responsibility for any and all charges for the use of any Services as
otherwise provided in these Terms and Conditions and/or any applicable SOF.
22. No Warranties and Customer Assumption of Risk. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN AN APPLICABLE SLA,
ANY APPLICABLE SERVICE AND ANY CPE, EQUIPMENT,AND/OR RELATED SERVICES EACH IS PROVIDED"AS IS"AND"AS
AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, EACH OF PROVIDER, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE,
RESELLERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-
INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PROVIDER, ITS AFFILIATES, SUPPLIERS AND, IF APPLICABLE,
RESELLERS DO NOT WARRANT THAT ANY FUNCTIONS OF ANY SERVICES, ANY CPE, EQUIPMENT, AND/OR RELATED
SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE,THAT DEFECTS WILL BE CORRECTED,OR THAT ANY SERVICES(OR
ANY SERVER THAT MAKES ANY SERVICES AVAILABLE) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF ANY SERVICES
OR ANY ELECTRONIC TOOL IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, UNAUTHORIZED ACCESS BY
THIRD PARTIES OR OTHERWISE. CUSTOMER (AND NOT PROVIDER) ASSUMES THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION. CUSTOMER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED
OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF ANY SERVICES AND/OR ELECTRONIC TOOL IS AT
CUSTOMER'S SOLE RISK AND DISCRETION AND PROVIDER WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO
CUSTOMER OR CUSTOMER'S PROPERTY. CUSTOMER HEREBY EXPRESSLY ASSUMES THE RISK OF ITS USE OF ANY
INFORMATION TRANSMITTED VIA ANY SERVICES AND/OR ANY ELECTRONIC TOOL. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN,OBTAINED BY CUSTOMER FROM PROVIDER, ITS EMPLOYEES OR THROUGH OR FROM ANY
SERVICE AND/OR ELECTRONIC TOOL WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSION MAY
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BA ND WID TH.COM,INC.-Proprietary& Confidential Information
Terms and Conditions—Updated September 2011
NOT APPLY.
PROVIDER WILL HAVE NO OBLIGATION TO DEFEND OR INDEMNIFY CUSTOMER FROM OR AGAINST ANY THIRD PARTY
CLAIMS ALLEGING THAT CUSTOMER'S USE OF ANY SERVICES OR ANY ELECTRONIC TOOL OR THE EXERCISE OF ANY
RIGHTS GRANTED HEREIN INFRINGES ON ANY INTELLECTUAL PROPERTY OF ANY THIRD PARTY. IF A CLAIM IS MADE,
OR IN PROVIDER'S REASONABLE OPINION IS LIKELY TO BE MADE, AGAINST PROVIDER, CUSTOMER OR ANY THIRD
PARTY ALLEGING THAT ANY APPLICABLE SERVICES OR ELECTRONIC TOOL OR ANY USE THEREOF INFRINGES ANY
INTELLECTUAL PROPERTY OF ANY THIRD PARTY,PROVIDER MAY,IN PROVIDER'S SOLE DISCRETION,TERMINATE THESE
TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF AND ALL RIGHTS AND OBLIGATIONS PURSUANT TO THESE
TERMS AND CONDITIONS AND/OR ANY APPLICABLE SOF.
23. Third Party Beneficiaries. The parties do not intend by the execution, delivery, or performance of these Terms and Conditions and/or any
applicable SOF to confer any benefit, direct or incidental, upon any person or entity not a party to these Terms and Conditions and/or any
applicable SOF.
24. Miscellaneous. Customer is not relying on any affirmation of fact,description,or promise from(or purported to be from)any person or entity,
nor any oral or written representation or warranty that is not expressly included in these Terms and Conditions and/or any applicable SOF. Any
alterations or additions to these Terms and Conditions and/or any applicable SOF made by Customer by any means will not be considered part
of these Terms and Conditions and/or any applicable SOF. Provider's failure to insist upon or enforce strict performance of or strict compliance
with any provision of these Terms and Conditions and/or any applicable SOF shall not be construed as a waiver of any provision or right;
neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms and Conditions and/or any
applicable SOF entered into from time to time pursuant to these Terms and Conditions and/or any applicable SOF. These Terms and Conditions
and/or any applicable SOF may only be modified, or any rights under it waived, by a separate written document executed by both parties.
Customer may not assign these Terms and Conditions and/or any applicable SOF, by operation of law or otherwise, including, without
limitation, pursuant to any merger, stock purchase or other change in control of Customer, without Provider's prior written consent. These
Terms and Conditions and/or any applicable SOF will be binding on the parties hereto and their respective personal and legal representatives,
successors, and permitted assigns. If any provision of these Terns and Conditions and/or any applicable SOF is held to be invalid or
unenforceable,the validity and enforceability of the remaining provisions of these Terns and Conditions and/or any applicable SOF will not be
affected thereby. In the event any specified time frame or deadline denotes calendar days,it is agreed that when the last date of required action
or response falls on a weekend or holiday,the action and/or deadline will automatically extend to the next business day. Headings are provided
for reference purposes only.
25. Definitions. For the purposes of these Terns and Conditions and/or any applicable SOF,the following terms will have the following meanings:
"Account Administrator" means Customer's Administrator who has access to(and is authorized to)modify Customer's billing and other
similar account information via any applicable Electronic Tool. For clarity, only one(1)Administrator will serve as Customer's Account
Administrator.
"Administrator"means a person(or persons) authorized to act on behalf of Customer, who is/are responsible for the administration and
management of the use of any applicable Services by Customer.
"Burstable Dedicated Internet Access Service" means dedicated Internet access services that provide the ability to "burst" above
otherwise applicable minimum bandwidth commitments during heavy-traffic periods.
"Default"occurs: (i)if Customer fails to make any payment for Services more than two(2)business days immediately after the applicable
Due Date, or any other payment contemplated by these Terms and Conditions and/or any applicable SOF on or before the date two (2)
business days immediately after any applicable required date; (ii) if Customer violates the AUP; (iii) if Customer fails to perform or
observe any term or obligation of these Terms and Conditions and/or any applicable SOF, including, without limitation, any document
incorporated by reference into these Terms and Conditions, not otherwise specified in clauses (i) or (ii) above and applicable to the
Services,which failure remains uncured thirty(30)calendar days after Customer's receipt of written notification from Provider informing
Customer of such failure;(iv)upon the institution of bankruptcy,receivership, insolvency,reorganization or other similar proceedings,by
or against Customer, unless such proceedings have been dismissed or discharged not later than the date thirty (30) calendar days
immediately after the commencement of such proceeding;(v)upon the making of an assignment for the benefit of creditors,adjudication of
insolvency, or institution of any reorganization arrangement or other readjustment of debt plan, of or by Customer; and/or (vi) upon the
appointment of a receiver for all or substantially all of Customer's assets.
"Electronic Tools" means online access, application programming interface (API), or access by any other means, to a service
ordering/management system to access or manage Customer's use of any applicable Services.
"Intellectual Property" means patents, pending patent applications, designs, trademarks and/or trade names (whether registered or
unregistered), copyrights and related rights, database rights, know-how, trade secrets and/or confidential information, and all other
intellectual property rights and similar or equivalent rights which currently exist or are recognized in the future,as well as all applications,
extensions and renewals in relation to any such rights.
"IP"means Internet Protocol.
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BA ND WID TH.COM,INC.-Proprietary&Confidential Information
Terms and Conditions—Updated September 2011
"LEC"means local exchange carrier.
"MPLS Services"means those multiprotocol label switching services described in the SOF by and between Provider and Customer.
"MRC"means monthly recurring charge.
"NRC"means non-recurring charge.
"Regulatory Activity"means any laws,regulations or other similar mandates(including,without limitation,any fees,surcharges or other like
charges imposed or mandated)by any federal,state or other governmental agency at any time.
"RMA"means a Return Materials Authorization.
"Service Term"will mean the period commencing on the Service Activation Date during which any applicable SOF remains in effect with
respect to any Services. For clarity,the"Service Term"will expire and/or terminate immediately upon the date when all SOFs entered into
with respect to any Services from time to time will have expired and/or terminated by their terms.
"Services" means those services described in the SOF by and between Provider and Customer, which services may include Burstable
Dedicated Internet Access Services,dedicated Internet access services,Managed Network Services,MPLS Services,Professional Services,
and/or private line services.
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BA ND WID TH.COM,INC.-Proprietary&Confidential Information
Terms and Conditions—Updated September 2011
RECEIVED
RED 4 NOV 2 4 2014
NoV 2 6 Z01
�`v�'er sr°�
�1, cow CITY ADMINISTRATION
c STAFF REPORT
VERNON POLICE DEPARTMENT
DATE: December 9, 2014
TO: Honorable Mayor and City Council
FROM: Daniel Calleros, Police Chief
RE: Memorandum of Understanding — Use of Los Angeles
Regional Interoperable Communications System Authority User
Equipment
Recommendation
It is recommended that the City Council:
1. Find that the approval of the Memorandum of Understanding ("MOU") proposed in
this staff report is exempt under the California Environmental Quality Act (CEQA). In
accordance with Section 15061(b) (3), the general rule is that CEQA only applies to
projects that may have an effect on the environment.
2. Approve and authorize the City Administrator to enter into a MOU with the Los
Angeles Regional Interoperable Communications System Authority ("LA-RICS") on
behalf of the City of Vernon, in substantially the same form as submitted herewith,
for the loan of LA-RICS User Equipment (portable radios) to the Vernon Police
Department.
Background
LA-RICS is a Joint Powers Authority ("JPA") formed to develop a region-wide radio
communication system that enables emergency responders from different agencies
serving Los Angeles County to communicate with one another when called upon for
mutual aid assistance. The City of Vernon is a member of the LA-RICS JPA.
In May 2014, the LA-RICS Approval Authority approved reallocation of 2010 State
Homeland Security Grant Program funds to purchase portable handheld radios for
distribution to smaller agencies of the LA-RICS JPA. As an LA-RICS member agency,
the City of Vernon Police Department is being offered 23 Motorola Dual-Band Portable
Radio (with UHF and VHF MHz enabled) with the capability to be used on the Police
Department radio system and the LA-RICS Land Mobile Radio System (LMR), The
LMR system is not expected to be fully operational until 2016 or 2017. However, the
portable radios could be deployed using our current radio system. Given the dual-band
capabilities, these radios will enhance interoperable radio capabilities for patrol
personnel during mutual aid activities.
As to membership in the region-wide LA-RICS radio communications system, LA-RICS
has prepared a Funding Plan that spreads the operational and maintenance costs of the
communication system among the JPA member agencies. The cost allocations are
based on population size of the agency. Under the current Funding Plan, the initial cost
for the Vernon Police Department is estimated at $7,400 for the first year. However, the
cost will increase to $27,000.00 the following year and increase about 15-20% every
year thereafter.
The City of Vernon and police agencies in the region are currently reviewing these cost
allocations, and have until November 24, 2015, to decide whether to remain a member
agency of the LA-RICS JPA. There are a number of police agencies that have already
decided to opt-out of the JPA, which could cause the cost allocation assigned to the
remaining agencies to increase significantly. Staff is actively participating in JPA
discussions and has requested LA-RICS to prepare a revised Funding Plan after the
November 24th opt-out deadline that reflects the increased costs to the remaining JPA
member agencies. The LA-RICS Board of Directors appears receptive to this request.
Staff will continue monitoring the status of region-wide participation and cost impacts
and will provide to the City Council a recommendation whether the City should continue
membership in LA-RIGS. Should the City decide to opt-out of the LA-RICS JPA prior to
the November 24, 2015 deadline, the loan radios will be returned to the JPA as required
by the MOU, at no penalty to the City.
Fiscal Impact
There is no cost to the City to enter into an equipment loan MOU with the LA-RICS.
The use of the 23 Motorola Dual-Band portable radios represents a savings of
approximately $120,000 to the City of Vernon if the City were to purchase the same
type of radio equipment.
MEMORANDUM OF UNDERSTANDING FOR
USE OF LA-RICS USER EQUIPMENT
THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made and entered
into this day of .. 2014,
BY AND BETWEEN MEMBER AGENCY,
CITY OF VERNON,
hereinafter referred to as "Member";
AND
THE LOS ANGELES REGIONAL
INTEROPERABLE
COMMUNICATIONS SYSTEM
AUTHORITY ("LA-RICS"), a Joint
Powers Authority, hereinafter
collectively referred to as the "Authority".
WHEREAS, pursuant to Agreement No. LA-RICS 007 between LA-RICS and
Motorola Solutions, Inc. (Motorola) for an Land Mobile Radio System (LMR System), the
Authority procured portable radios, radio accessories, consolettes and consoles (User
Equipment) for Authority member agency use on the LA-RICS Land Mobile Radio
(LMR) early deployment system (Core 1, Core 2 and 8 repeater sites) to establish proof
of concept for the LMR System, provide a training bed for member agency users on the
LMR System, as well as transitioning the User Equipment to the LMR System in
accordance with the Authority/member agency approved migration plan, once Final
System Acceptance is achieved;
WHEREAS, the Authority wishes to enter into a Memorandum of Understanding
(MOU) for loan of LA-RICS User Equipment to Member;
WHEREAS, Member is a member agency of LA-RIGS;
WHEREAS, Member is agreeable to accept and use the User Equipment,
including on the LA-RICS early deployment system and the LMR System, once Final
System Acceptance has been achieved.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions set forth herein, the parties hereto and each of them do agree as follows:
1. PURPOSE
The purpose of this MOU is to allow the Authority to loan Member certain User
Equipment identified in Exhibit A (Equipment Details Log) and for Member to use
1
the equipment in a proper manner and perform preventative maintenance
inspections, all in accordance with Exhibit B (Equipment Manufacturer
Requirements and Recommendations), and undertake other related activities.
2. EQUIPMENT FOR AUTHORITY MEMBER USE
Member acknowledges possession and use of the User Equipment is for
member agencies in the LA-RICS Authority. If at any time following the
execution of this MOU, Member elects to withdraw as a member agency from the
Authority, Member shall return all the User Equipment set forth in Exhibit A
(Equipment Details Log) to this MOU within the time specified in Section 6.01,
Withdrawal of Members, of the LA-RICS Joint Powers Agreement (JPA).
3. CONDITIONS OF USE
Member shall:
3.1 Comply with and abide by all required preventative maintenance
inspections and directions provided by the Authority and User Equipment
manufacturer in order to properly maintain the User Equipment, in
accordance with Exhibit B (Equipment Manufacturer Requirements and
Recommendations).
3.2 Report any lost, stolen or damaged User Equipment in accordance with
Exhibit C (Lost, Stolen, or Damaged Equipment).
3.3 Maintain an Equipment Log to track equipment (e.g. location, assigned
personnel, etc.).
3.4 Provide LA-RICS Equipment Administrator with an updated Equipment
Log on the same day a change in location/assignment occurs.
3.5 Maintain a file of all copies of Exhibit D (Equipment Delivery Receipt) upon
delivery of equipment to the City.
4. TERM OF MOU
4.1 The MOU shall commence upon execution by both parties and shall remain
in effect until terminated by either party as provided herein, and as
stipulated by Section 6.01, Withdrawal of Members, of the LA-RICS JPA.
4.2 Either party shall have the option of terminating this MOU at any time for
any reason upon giving the cancelled party notice in writing at least ninety
(90) calendar days in advance of such termination. All User Equipment set
forth in Exhibit A (Equipment Details Log) must be returned prior to
conclusion of the 90 calendar day notice.
2
5. CONSIDERATION
This MOU is granted on a gratis basis in furtherance of public safety goals.
Consideration for this MOU is parties' full and faithful compliance with the mutual
promises, covenants, terms and conditions set forth herein.
6. EQUIPMENT ADMINISTRATOR
6.1 Authority Equipment Administrator:
Los Angeles County Sheriffs Department
LA-RICS Project Team
Sergeant Alfred Ortega
2525 Corporate Place, Suite 200
Monterey Park, CA 91754
adortega(&Iasd.org
323-881-8111
6.2 Authority Equipment Administrator Designee:
Los Angeles County Sheriffs Department
LA-RICS Project Team
Deputy Dana Gower
2525 Corporate Place, Suite 200
Monterey Park, CA 91754
dgaower(a),Iasd.orq
323-881-8284
6.3 Member Equipment Administrator:
City of Vernon Police Department
Police Chief 1 Daniel Calleros
4305 Santa Fe Ave
Vernon, CA 90058
dcalleros@covpd.org
323-587-5171, ext. 114
6A Member Equipment Administrator Designee:
City of Vernon Police Department
Police Lieutenant 1 Jerry Winegar
4305 Santa Fe Ave
Vernon, CA 90058
jwinegar@covpd.org
323-587-517, ext. 116
3
7. NOTICES
7.1 Notices desired or required to be given pursuant to this MOU or by any
law shall be provided in the manner set forth in Section 7.2 and addressed
as follows:
Notices to Authority shall be addressed as follows, unless otherwise
stipulated in the MOU exhibits:
LA-RICS Joint Powers Authority
Attn: Ms. Susy Orellana-Curtiss
2525 Corporate Place, Suite 200
Monterey Park, CA 91754
Susy.orellana-curtiss@_la-rics.or
Notices to Member shall be addressed as follows:
City of Vernon
Vernon Police Department
Attn: Daniel Calleros, Chief of Police
4305 Santa Fe Ave.
Vernon, CA 90058
7.2 Notice will be sufficiently given for all purposes as follows:
a) Personal delivery. When personally delivered to the recipient,
notice is effective on delivery.
b) First Class mail. When mailed first class to the last known address
of the recipient, notice is effective three mail delivery days after
deposit in a United States Postal Service office or mailbox.
c) Certified mail. When mailed certified, return receipt requested,
notice is effective on receipt, if delivery is confirmed by a return
receipt.
d) Overnight delivery. When delivered by an overnight delivery
service, charges prepaid or charged to the sender's account, notice
is effective on delivery, if delivery is confirmed by the delivery
service.
e) Facsimile transmission. When sent by fax to the last known fax
number of the recipient, notice is effective on receipt. Any notice
given by fax will be deemed received on the next business day if it
is received after 5:00 p.m. or on a non-business day.
4
f) Email. When sent by email, notice is effective on receipt. Any
notice given by email will be deemed received on the next business
day if it is received after 5.00 p.m. or on a non-business day.
7.3 Any correctly addressed notice that is refused, unclaimed, or
undeliverable because of an act or omission of the party to be notified, will
be deemed effective as of the first date the notice was refused, unclaimed
or deemed undeliverable by the postal authorities, messenger or overnight
delivery service.
7.4 Addresses and persons to be notified may be changed by either party by
giving ten (10) calendar days prior written notice thereof to the other party.
8. RETURN OF USER EQUIPMENT
8.1 In accordance with conditions of this MOU, the Member shall return all
User Equipment set forth in Exhibit A (Equipment Details Log) to the
Authority Equipment Coordinator via personal delivery at the address
indicated in Sections 6.1 and 6.2.
8.2 If Member does not return the User Equipment in good working condition,
minus normal wear and tear, as set forth in Exhibit A (Equipment Details
Log) within the time stipulated in this MOU, the Authority may require
Member to provide replacement or reimbursement within (30) calendar
days of failure to return such User Equipment or if the equipment is
returned in a poor or inoperative condition.
9. INDEMNITY
Member shall indemnify, defend, and hold harmless the Authority, its elected and
appointed officers, member agencies, employees, contractors and agents from
and against any and all liability, including but not limited to demands, claims,
actions, fees, costs, and expenses (including attorney and expert witness fees),
arising from the Member's acts and/or omissions arising from and/or relating to
this MOU, except such liability as is caused by the sole negligence or willful
misconduct of the Authority or any of its officers, employees, contractors or
agents.
10. INDEPENDENT STATUS
This MOU is by and between Member and Authority and is not intended and shall
not be construed to create the relationship of agent, servant, employee,
partnership, joint venture or association as between Member and Authority.
5
11. ASSIGNMENT
This MOU is personal to Authority and the Member, and, in the event the
Member shall attempt to assign or transfer the same in whole or in part, all rights
hereunder shall immediately terminate.
12. DEFAULT
Member agrees that if default shall be made in any of the terms or conditions
herein contained, Authority may forthwith revoke and terminate this MOU.
13. WAIVER
13.1 Any waiver by either party of the breach of any one or more of the
covenants, conditions, terms and MOUs herein contained shall not be
construed to be a waiver of any other breach of the same or of any other
covenant, condition, term or MOU herein contained, nor shall failure on
the part of either party to require exact, full and complete compliance with
any of the covenants, conditions, terms or MOUs herein contained be
construed as in any manner changing the terms of this MOU or stopping
either party from enforcing the full provisions thereof.
13.2 No option, right, power, remedy, or privilege of either party shall be
construed as being exhausted by the exercise thereof in one or more
instances. The rights, powers, options, and remedies given either party by
this MOU shall be cumulative.
14. INTERPRETATION
Unless the context of this MOU clearly requires otherwise: (i) the plural and
singular numbers shall be deemed to include the other; (ii) the masculine,
feminine and neuter genders shall be deemed to include the others; (iii) "or" is
not exclusive; and (iv) "includes" and "including" are not limiting.
15. GOVERNING LAW, JURISDICTION, AND VENUE
This MOU shall be governed by, and construed in accordance with, the laws of
the State of California. The parties agree and consent to the exclusive
jurisdiction of the courts of the State of California for all purposes regarding this
MOU and further agree and consent that venue of any action brought hereunder
shall be exclusively in the County of Los Angeles.
16. SEVERABILITY
If any provision of this MOU is held invalid, the remainder of this MOU shall not
be affected thereby if such remainder would then continue to conform to the
terms and requirements of applicable law.
6
17. AMENDMENTS
All changes, modifications, or amendments to this MOU must be in the form of a
written Amendment duly executed by authorized representatives of the Authority
and Member.
18. ENTIRE MOU
This MOU, Exhibits A, B, C, and D, and any executed Amendments, between the
parties hereto, and no addition or modification of any terms or provisions shall be
effective unless set forth in writing, signed by both Member and Authority.
(Signature Page —following page)
7
MEMORANDUM OF UNDERSTANDING FOR
USE OF LA-RICS USER EQUIPMENT
IN WITNESS WHEREOF, Authority has executed this MOU or caused it to be duly
executed, and Member, by Order of its authorizing body, has caused this MOU to be
executed on its behalf by its duly authorized representatives, on the dates written below.
CITY OF VERNON
City Administrator Date
LOS ANGELES REGIONAL INTEROPERABLE COMMUNICATIONS SYSTEM
AUTHORITY
Executive Director, Patrick J. Mallon Date
s
EXHIBIT A
EQUIPMENT DETAILS LOG
Equipment Serial Cost per Assigned to Address Grant
Code Number Unit
APx 7000XE- Vernon Police 4305 Santa
Portable Radio Dual Department Fe Ave,
Band with UHF and
VHF MHz Enabled Vernon,
CA
I
9
EXHIBIT B
EQUIPMENT MANUFACTURER REQUIREMENTS AND RECOMMENDATIONS
PREVENTATIVE MAINTENANCE INSPECTIONS
10
EXHIBIT C
LOST, STOLEN OR DAMAGED EQUIPMENT
In the event Equipment provided under this MOU is lost, stolen or damaged, the
Member Equipment Administrator shall provide the following:
�. Provide email notification or notification by way of the United States Postal
Service (with delivery confirmation) to LA-RICS Equipment Administrator, as set
forth in Section 6 of the MOU, on the day the Equipment is discovered lost,
stolen or damaged;
2. File an Incident Report in accordance with Member policies and procedures,
providing a copy of completed Report to the LA-RICS Equipment Administrator.
The Report shall include;
o Type of equipment, i.e., portable radio, console, consolette, accessory,
etc.;
o Equipment serial number as reflected on the Equipment asset tag/asset
tag log for lost equipment;
o Description of the circumstances surrounding the loss or damage
including dates and times;
o Senior level management finding on the cause of the loss/damage and a
determination of negligence involved; and
o Report number.
3. If Equipment replacement is required, the LA-RICS Equipment Administrator will
make the determination whether replacement can and/or will be provided, and
whether a cost will be assessed to Member.
11
EXHIBIT D
EQUIPMENT DELIVERY RECEIPT
Equipment Serial Number Equipment Condition
APX 7000XE- Portable Radio Dual
Band with UHF and VHF MHz
Enabled
I
f _
I
1
i
Equipment Delivered By:
Signature Date
Print Name
Equipment Received By:
Signature Date
Print Name
Page_of
RECEIVED
NOV 17 2014
RE
�'® CITY ADMINISTRATION
I: V r
..
G
CLERKS OFFICE ° s
CITY ClE
POLICE DEPARTMENT
Daniel Calleros,Chief of Police
4305 Santa Fe Avenue,Vernon, California 90058
Telephone(323)587-5171 Fax (323) 826-1481
November 17, 2014
Honorable City Council
City of Vernon
Vernon, California
Honorable Members:
Attached are copies of the Vernon Police Department Activity Log and Statistical
Summary of Arrest and Activities which cover the period from 12:01 a.m.,
November 1, 2014 up to and including midnight of November 15, 2014.
Respectfully submitted,
VERNON POLICE DEPARTMENT
'01, (v&"'
DANIEL CALLEROS
CHIEF OF POLICE
DC/dr
r,cfusivefy Industrtaf
VERNON POLICE DEPARTMENT
Department Activity Report
First Date: 11/01/2014
Jurisdiction: VERNON Lasl Date: 11/15/2014
Department Complaint All Units Primary Unit
Type Description
VPD
10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH,EQUIPh 67 65
10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 2 2
10-96M 10-96 MARY(MAIL DETAIL) 5 5
140 SUPPLEMENTAL REPORT 1 1
20002 NON-INJURY HIT AND RUN 4 2
20002R NON-INJURY HIT AND RUN REPORT 8 5
242R BATTERY REPORT 2 1
245R ASSAULT WITH A DEADLY WEAPON REPORT 2 1
415 DISTURBING THE PEACE 14 6
422R TERRORIST THREATS REPORT 1 1
459A AUDIBLE BURGLARY ALARM 145 80
459R BURGLARY REPORT 10 5
459S SILENT BURGLARY ALARM 3 1
459VR BURGLARY TO A VEHICLE REPORT 3 2
476R FRAUD REPORT 1 1
484 PETTY THEFT 3 1
484R PETTY THEFT REPORT 9 6
487 GRAND THEFT 11 2
487R GRAND THEFT REPORT 5 3
503R EMBEZZLEMENT REPORT 1 1
586 PARKING PROBLEM 21 19
594 VANDALISM 3 1
594R VANDALISM REPORT 5 4
602 TRESPASS 2 1
653M ANNOYING PHONE CALLS 1 1
653MR ANNOYING PHONE CALLS REPORT 3 3
901 UNKNOWN INJURY TRAFFIC COLLISION 5 3
901T INJURY TRAFFIC COLLISION 6 2
902T NON-INJURY TRAFFIC COLLISION 58 33
902TR NON-INJURY TRAFFIC COLLISION REPORT 2 1
909C TRAFFIC CONTROL 1 1
909E TRAFFIC ENFORCEMENT 5 5
909T TRAFFIC HAZARD 3 2
911 911 MISUSE/HANGUP 6 3
911A CONTACT THE REPORTING PARTY 9 6
917A ABANDONED VEHICLE 2 2
925 SUSPICIOUS CIRCUMSTANCES 44 14
AB109 PROBATION/PAROLE COMPLIANCE CHECKS 2 1
AGGR ANI AGGRESSIVE ANIMAL 2 1
ASTVFD ASSIST VERNON FIRE DEPARTMENT 9 7
BOSIG BROKEN SIGNAL OR LIGHT 2 1
BOVEH BROKEN DOWN VEHICLE 14 10
CITCK CITATION CHECK 8 6
CIVIL CIVIL MATTER 1 1
CODE5 SURVEILLANCE/STAKE-OUT 6 2
COP COP DETAIL 8 8
DET DETECTIVE INVESTIGATION 8 3
DETAIL DETAIL 1 1
1111712014 07:00:09 Page I of
VERNON POLICE DEPARTMENT
Department Activity Report
First Date: 11/01/2014
.jurisdiction: VERNON Last Date: 11/15/2014
Department Complaint All Units Primary Unit
Type Description
VPD
DPTAST DEPARTMENTAL ASSIST 1 1
DUI DRIVING UNDER THE INFLUENCE 6 3
FILING OFFICER IS 10-6 REPORT WRITING 36 35
FU FOLLOW UP 13 8
GTAR GRAND THEFT AUTO REPORT 3 3
HBC HAILED BY A CITIZEN 9 5
ILLDPG ILLEGAL DUMPING 1 1
k9 TRAINING K9 TRAINING REMINDER,OBTAIN LOCATION 1 1
LPR LICENSE PLATE READER 12 4
MR60 MISC REPORT 4 2
PANIC ALARM PANIC ALARM/DURESS ALARM 10 3
PAPD PUBLIC ASSIST-POLICE 16 8
PATCK PATROL CHECK 52 35
PEDCK PEDESTRIAN CHECK 22 13
PRSTRAN PRISONER TRANSPORTED 6 6
REC RECOVERED STOLEN VEHICLE 19 7
RECKLESS DF RECKLESS DRIVING(23103) 8 4
REPO REPOSSESSION 3 3
ROADRAGE ROAD RAGE 4 1
RR RAIL ROAD PROBLEM 2 1
TRAFFIC STOI TRAFFIC STOP 124 104
UNATTACHED UNATTACHED TRAILER 1 1
VCK VEHICLE CHECK 41 25
VEH RELEASE VEHICLE RELEASE 14 12
WELCK WELFARE CHECK 12 6
Department: 954 625
Overall: 954 626
1111712014 07:00:09 Page 2 of 2
VERNON POLICE DEPARTMENT
Police Activity Report
Period Ending: 11/15/14
TRAFFIC COLLISIONS NO. PROPERTY RECOVERED
TOTAL 13 VEHICLES: $15,000.00
NON-INJURY 8
INJURY 5
Pedestrian
Fatalities
City Property Damage 4
Hit&Run(Misdemeanor) 3
Hit&Run(Felony) 1
Persons Injured 5
VEHICLES STORED PROPERTY RECOVERED FOR
Unlicensed Driver 14 OTHER DEPARTMENTS
Abandoned/Stored Vehicle 8 VEHICLES: $58,500.00
Traffic Hazard
CITATIONS
Citations Iss (Prisoner Release)
Citations Iss (Moving) 79
Citations Iss (Parking) 10
Citations Iss (Total) 89
Hazardous 56
Non-Hazardous 23
Other Violations
CASES CLEARED BY ARREST
AR14-335 CR142004 11377(A) HS
AR14-336 CR142012 10851(A) VC
AR14-337 CR142036 10851(A) VC
AR14-338 CR142050 422 PC
AR14-339 CR142052 487(A) PC
AR14-341 CR142054 10851(A) VC
VERNON POLICE DEPARTMENT
REPORT FOR PERSONS ARRESTED
PERIOD ENDING 11/15/14
ADULT FELONY ARRESTS AND DISPOSITIONS
MALE FEMALE TOTAL
ASSAULT WITH A DEADLY WEAPON
BURGLARY
CRIMINAL THREATS 1 1
DOMESTIC VIOLENCE
GRAND THEFT 2 2
IDENTITY THEFT
POSS. CONTROLLED SUBS. 1 1
POSS. STOLEN PROPERTY
RAPE
ROBBERY
VEHICULAR MANSLAUGHTER
VEHICLE THEFT 3 3
TOTAL FELONY ARRESTS 7 0 7
ADULT MISDEMEANOR ARRESTS AND DI. POSMONS
MALE FEMALE TOTAL
BRANDISHING FIREARM
CRIMINAL THREATS
DRIVING UNDER THE INFLUENCE
HIT AND RUN
PETTY THEFT
POSS. NARC. PARAPHERNALIA
RESTRAINING ORDER VIOLATION
TRESPASSING
VANDALISM
WARRANTS (BENCH/TRFC)
WARRANTS (FOREIGN) 1 1 2
TOTAL MISD. ARRESTS 1 1 2
JUVENILES DETAINED --- FELONY AND MISDEMEANOR
MALE FEMALE TOTAL
BURGLARY
PETTY THEFT
POSS. STOLEN PROPERTY
VANDALISM
VEHICLE THEFT
'TOTAL JUVENILES DET. 0 0 0
TOTAL FELONY ARRESTS (ADULT)TO DATE: 115
TOTAL MISDEMEANOR ARRESTS (ADULT)TO DATE: 221
TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR)TO DATE: 6
TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR)TO DATE: 342
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA 's
First Date: 11/01/2014
Jurisdiction: VERNON Last Date: 11/01/2014
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Der) Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Camp
20141119354
REPO 11/01/2014 15:33:32 BNSF
REPO 3770 E 26TH,VERNON Department OCA Number RMS Juris
VPD CR20141994 CA0197300
VPD DISPATCH `DISP 15:35:17 15:51:16
20141119356
RPT 11/01/2014 16:34:32 T-MOBILE(877)653-7911 Department OCA Number RMS Juris
902T S ATLANTIC BL//BANDINI BL,VERNON VPD CR20141995 CA0197300
VPD VASQUEZ,LUIS '21-11 16:34:48 16:34:55 16:40:48 17;4014
VPD VELASQUEZ,RICF2L12 16:35:40 16:42:30 17.40.14
20141119365
CITE 11/01/2014 22:28:26
TRAFFIC STOP HOLMES//SLAUSON AV,VERNON Department OCA Number RMS Juris
VI VPD CR20141996 CA0197300
VPD REYNA,JOSE S "11-12 22:28:27 23:21:08
VPD HERNANDEZ,MIG11-11 22:32:13 23:21:08
VPD VALENZUELA,FEI1L8 22:28:29 22:28:29 22:32:28 23:21:09
11/02/2014 05:20:1S Page 1 of 1
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA Is
First Date: 11/02/2014
Jurisdiction: VERNON Last Date: 11/02/2014
Call Number Disp Ten Received Caller
Code Complaint Address 11"iy Time _
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Conan
20141119384
RPT 11/02/2014 09:58:44 FARMER JOHN
902T S SOTO//VERNON AV,VERNON DeDartmen� OCA Number RMS Juris
VPD CR20141997 CA0197300
VPD HERNANDEZ,EDV*2L2 10:00:40 10:03:00 10:52:49
VPD VILLEGAS,RICHA21-1 10:05:31 10:06:07 10:22:25
20141119386
RPT 11/02/2014 10:17:36 ARMANDO
GTAR EVERETT CT//FRUITLAND AV,VERNON Departmem OCA Number CA01 Juris
VPD CR20141998 CA0197300
VPD MADRIGAL,MARI/2L3 10:36:39 11:37:49
20141119395
ADV 11/02/2014 13:04:35
REC SLAUSON AV//ATLANTIC BL,VERNON Deparlmen� OCA Number RMS Juris
VREC VPD CR20141999 CA0197300
1098
RPT
VPD SANTOS,DANIEL*2S2 13:05:50 13:41:48
VPD VILLEGAS,RICHA21-1 13:05:58 13:11:31 13:41:48
VPD MADRIGAL,MARI{2L3 13:05:52 13:11:28 13:40:50
1110312014 06:32:14 Page 1 of 1
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA Is
First Date: 11/03/2014
Jurisdiction: VERNON Last Date: 11/03/2014
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20141119445
RPT 11/03/2014 11:14:44 MILLENIUM PRODUCTS
GTAR 4646 HAMPTON,VERNON Departmem OCA Number RMS Juris
VPD CR20142000 CA0197300
VPD HERNANDEZ,EDV*2L12 11:18:39 11:25:45 12:11:15
20141119459
RPT 11/03/2014 13:02:23 SOUTHERN CALIFORNIA EDISON Departmem OCA Number RMSJurfs
459R 4912 E 26TH,VERNON VPD CR20142001 CA0197300
VPD HERNANDEZ,EDV*2L1 2 13:09:33 13:18:50 13:41:10
VPD MADRIGAL,MARI/2L11 13:16:58 13:21:50 14:07:54
20141119467
ASST 11/03/2014 14:51:48 PRINCIPAL HERNANDEZ
MR60 2360 E VERNON AV VERNON Departmem OCA Number RMS Juris
,
RPT VPD CR20142002 CA0197300
VPD HERNANDEZ.EDV*2L1 2 14:54:57 14:58:19 16:40:09
VPD VILLEGAS,RICHA21-9 14:55:02 15:01:15 16:40:10
VPD NEWTONJODD M1 15:00:26 15:14:27
20141119483
CITE 11/03/2014 22:11:31
Juris
VI VCK 4353 EXCHANGE AV,VERNON DDartmem CR20 2 03 OCA Number �97300
VPD CERDA,EUGENI0*1L9 22:11:31 23:04:28
VPD HERNANDEZ,MIG1L10 22:24:33 23:04:28
VPD CERDA,PAUL,JR 11-12 22:19:55 22:59:31
1110412014 05:30:41 Page 1 of 1
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA 's
First Date: 11/04/2014
Jurisdiction: VERNON Last Date: 11/04/2014
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20141119490
RPT 11/04/2014 00:54:26
1015 VCK HELIOTROPE ST//DISTRICT BL,VERNON Departmem OCA Number RMS Juris
VPD CR20142004 CA0197300
VPD ZOZAYA,OSCAR '11-11 00:54:26 02:36:12
VPD HERNANDEZ,MIG1L10 00:56:13 01:00:27 02:25:16
VPD CERDA,EUGEN1011-9 00:56:27 01:00:33 02:25:18
20141119502
RPT 11/04/2014 07:15:05 JORGE LAVA Department OCA Number RMS Juris
902T E VERNON AV//ALCOA AV,VERNON VPD CR20142005 CA0197300
VPD NEWTON,TODD "21-10 07:16:37 07:17:36 07:23:10 08:09:15
VPD HERNANDEZ,EDV21-11 07:17:34 07:19:21 08:08:46
20141119508
VREC 11/04/2014 08:30:19 HPPD
LOCATE MILES//ZOE, HUNTINGTON PARK
20141119514
RPT 11/04/2014 10:03:24 K AND K CO
Departmem OCA Number RMS Juris
901T 2835E 26TH,VERNON VPD CR20142006 CA0197300
VPD MADRIGAL,MARIf 2L8 10:05:45 10:06:27 10:12:42 12:22:15
VPD NEWTONJODD 21-10 10:10:32 10:12:43 11:04:16
VPD HERNANDEZ,EDV2L11 10:06:55 10:08:21 12:22:14
VPD ZAPIEN,DAVID 2S2 10:10:51 11:40:01
20141119536
RPT 11/04/2014 15:35:59 ALEJANDRO DELEON Departmem OCA Number RMS Juris
902T E VERNON AV//ALAMEDA,VERNON VPD CR20142007 CA0197300
VPD MOSCOSO,CHRI;'2L12 15:36:53 15:36:54 16:50:07
20141119538
VREC 11/04/2014 15:48:52
LOCATE GLADWICK//AVALON, GARDENA
1110512014 05:48:41 Page 1 of 2
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA 's
First Date: 11/04/2014
Jurisdiction: VERNON Last Date: 11/04/2014
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20141119538
VREC 11/04/2014 15A8 52
LOCATE GLADWICK//AVALON,GARDENA
20141119548
RPT 11/04/2014 20:02:39
242R 4305 S SANTA FE AV,VERNON Departmen� OCA Number RMS J300
VPD CR20142008 CA0197300
VPD CERDARAUUR *1L12 20.0326 20:03:26 20:19:39
VPD CERDA,EUGEN101L9 20:19:45 20:23:40 21:10:10
20141119554
RPT 11/04/2014 22:46:32
PAPD 4305 S SANTA FE AV,VERNON Department OCA Number RMS J300
VPD CR20142009 CA0197300
VPD ZOZAYA,OSCAR *1 L11 22:46:39 23:08:00
0
1110512014 05:48:41 Page 2 of 2
VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA 's
First Date: 11/05/2014
Jurisdiction: VERNON Last Date: 11/05/2014
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20141119560
RPT 11/05/2014 05:54:59
41/0 4305 S SANTA FE AV,VERNON Departmem OCA Number RMS Juris
VPD CR20142010 CA0197300
VPD CERDA,PAUL,JR `11-12 05:56:04 05:58:33 06:46:43
20141119562
RPT 11/05/2014 06:34:17
S Juris
VI TRAFFIC STOP S SANTA FE AV//51 ST.VERNON DDartmem OR CA 0 2011 97300
VPD GAYTAN,LOREN2*M2 06:34:17 06:58:02
20141119563
RPT 11/05/2014 06:54:58
REC S SOTO//FRUITLAND AV,VERNON Departmem OCA Number RMS Juris
1015 VPD CR20142012 CA0197300
VREC
VPD GAYTAN,LOREN2'M2 06:58:07 07:13:17
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VERNON POLICE DEPARTMENT
Call Log Report Type All Unit Times and Location with OCA 's
First Date: 11/05/2014
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VERNON POLICE DEPARTMENT
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First Date: 11/06/2014
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VERNON POLICE DEPARTMENT
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1015
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20141119781
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594R 4507 MAYWOOD AV,VERNON VPD CR20142038 CA0197300
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902T 5580 S ALAMEDA,VERNON VPD CR20142042 CA0197300
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Call Log Report Type All Unit Times and Location with OCA 's
First Date: 11/10/2014
Jurisdiction: VERNON Last Date: 11/10/2014
Call Number Disp Ten Received Caller
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Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
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First Date: 11/11/2014
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902T 4700 E DISTRICT BL,VERNON VPD CR20142046 CA0197300
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First Date: 11/12/2014
Jurisdiction: VERNON Last Dale: 11/12/2014
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Camp
20141119943
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422R 2801 E VERNON AV,VERNON VPD CR20142050 CA0197300
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20141119963
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Call Log Report Type All Unit Times and Location with OCA 's
First Dale: 11/13/2014
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Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
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20141119996
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902T BANDINI BL//ATLANTIC BL,VERNON Departmem OCA Number RMS Juris
VPD CR20142053 CA0197300
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VPD ZAPIEN,DAVID 2S2 16:15:24 16:47:18
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20002R 2801 E VERNON AV,VERNON Department VPD R2 CR2 Number RMS Juris
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First Dale: 11/13/2014
Jurisdiction: VERNON Last Date: 11/13/2014
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Den Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
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RPT 2L12 LPR S SOTO//26TH,VERNON DPDartmem CR20142054 NumberOCA RMS 97300
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VPD CR20142058 CA0197300
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VPD LANDA,RAFAEL 1 L11 23:22:43 23:22:44 23:23:00
VPD VALENZUELA,FEI1L12 23:22:57 23:25:24 00:02:28
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First Date: 11/14/2014
.jurisdiction: VERNON Last Date: 11/14/2014
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Code Complaint Address Unit Time
Dep Officer Unit Dispatch Enroute OnScene Depart Arrive Remove Comp
20141120045
RPT 11/14/2014 12:51:46
ASST 901 E 38TH//ALAMEDA,VERNON Departmen� OCA Number CA0197300
VPD CR20142059 CA0197340
VPD DOCHERTY,MICH"2L1 12:52:39 12:54:04 14:12:27
VPD VASQUEZ,LUIS 2L2 12:54:37 13:18:50 12:58:47 14:12:27
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First Date: 11/15/2014
Jurisdiction: VERNON Last Dale: 11/15/2014
Call Number Disp Ten Received Caller
Code Complaint Address Unit Time
Dep Officer Unit Dispatch Enroute OnScene De part -A rrive Remove Comp
20141120077
RPT 11/15/2014 06:05:14 TADIN HERB&TEA
459R 3345 E SLAUSON AV,VERNON Departmem OCA Number RMS Juris
VPD CR20142060 CA0197300
VPD HERNANDEZ,MIG*1L11 06:08:19 06:11:54 07:02:47
VPD LANDA,RAFAEL 11-12 06:08:33 06:13:58 07:02:48
VPD VALENZUELA,FEI1 L8 06:13:27 06:13:55 07:02:48
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20141120106
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VPD CR20142061 CA0197300
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VPD VILLEGAS,RICHA21-1 18:04:28 19:14:58
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1111612014 01:36:07 Page 1 of i
OF v �*
a
RECEIVED
RECEIVED
NOV 2 6 2014 CITY ADMINISTRAT
CITY CLERK'S OFFICE
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DATE: December 9,2014
TO: Honorable Mayor and City Council
PREPARED BY: Lissette Melendez,Associa a Engineer
APPROVED BY: Samuel Kevin Wilsd`nv hector of Public Works,Water&Development Services
RE: Quitclaim Deed and Fire Lane Easement—3250 Saco Street
Recommendation
It is recommended that the City Council:
1. Find that the acceptance of the Quitclaim Deed and Fire Lane Easement proposed in this staff report
are categorically exempt under the California Environmental Quality Act(CEQA) in accordance with
CEQA Guidelines Section 15061(b)(3),the general rule that CEQA only applies to projects that may
have an effect on the environment; and
2. Accept the Quitclaim Deed and Fire Lane Easement, attached to this staff report, and authorize the
Mayor to execute said documents.
Background
As part of a property redevelopment, 371h Street Industrial Investors, LLC is proposing to construct a new
building over a portion of the existing fire lane easement on the property. The City requires that the existing
fire lane easement be quitclaimed and that a modified fire lane easement be recorded. The Engineering
Division has received a fully executed Fire Lane Easement by 37th Street Industrial Investors, LLC and a
Quitclaim Deed for the property located at 3250 Saco Street, assessor's parcel number 6302-006-013. The
new ingress and egress easement to the City creates a fire roadway on the site which must be maintained open
and passable for oversized emergency vehicles, equipment and related uses, and kept free and clear of all
obstructions,temporary and permanent alike.
The easement has been reviewed and approved by the Code Inspector in the Fire Department. The Easement
and Quitclaim Deed have been approved as to form by the City Attorney's Office.
Fiscal Impact
Acceptance of the proposed Fire Lane Easement and Quitclaim Deed has no fiscal impact.
SKW:Im
Attachment
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
} City of Vernon
4305 Santa Fe Avenue
Vernon,CA 90058
Attention: City Clerk
MAIL TAX STATEMENTS TO:
Exempt
THE SPACE ABOVE IS FOR RECORDER'S USE
QUITCLAIM DEED
Regarding Easements
THE UNDERSIGNED GRANTOR(s)DECLARE(s):
DOCUMENTARY TRANSFER TAX IS $0. CITY TAX$0. The value of the property in this
conveyance exclusive of liens and encumbrances is$100 or less, and there in no additional consideration
received by the grantor,R&T 11911.
The undersigned hereby certify that we are holders of a fire lane easement in the City of Vernon,County
of Los Angeles, State of California,on,over and across that portion of Parcel`B"of deed,in the City of
Vernon,County of Los Angeles,recorded as Instrument Number 20121838859 on December 03,2012,
i Official Records, in the Office of the County Recorder of said County, exempted and reserved in
Instrument No. 20121886574 recorded December 7,2012,Official Records of Los Angeles County.
I
And we hereby quitclaim and remise to 37TH STREET INDUSTRIAL INVESTORS,LLC,a California
limited liability company, its successors and assigns,those portions of said fire lane easement described
in Exhibit"A"and depicted in Exhibit"B".
This Quitclaim Deed shall run with the above-described land and shall be binding upon ourselves,and
future owners, encumbrances,their successors, heirs or assigns.
Dated:
CITY OF VERNON, ATTEST,
A California chartered city
By: - By:__ —
W.Michael McCormick,Mayor Ana Barcia,Deputy City Clerk
APPROVED AS TO FORM:
By:
Hema Patel,City Attorney
r
State of California
County of
i
On before me,
(Insert Name of Notary Public and Title)
personally appeared
j who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
I
'• subscribed to the within instrument and acknowledged to me that he/she/they executed the same
i
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf on which the person(s) acted, executed the instrument.
3
I certify under PENALTY OF PERJURY under the laws of the State of California that the
forgoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature_ (Seal)
i
EXHIBIT '$ A"
THAT PORTION OF PARCEL B OF LOTLINE ADJUSTMENT IN THE CITY OF VERNON,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA RECORDED AS INSTRUMENT NO.
20121838859 RECORDED DECEMBER 3, 2012, OFFICIAL RECORD OF SAID COUNTY MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE OF THE
CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTHERLY LINE OF SAID PARCEL B OF SAID LOTLINE
ADJUSTMENT, DISTANT THEREON 33.50 FEET FROM THE WESTERLY LINE OF LOT 3
RECORDED IN BOOK 36 PAGE 72 OF MISCELLANEOUS RECORDS; THENCE SOUTH 00°
31' 18" EAST 13.50 FEET; THENCE PARALLEL TO NORTHERLY LINE OF SAID PARCEL B,
NORTH 89° 42' 26" EAST 40.69 FEET TO POINT THAT 13.50 FEET SOUTHERLY OF
THE NORTHERLY LINE OF SAID PARCEL B AND 150 FEET WESTERLY, MEASURED ALONG
LAST SAID PARALLEL LINE OF THE EASTERLY LINE OF SAID PARCEL B, SAID POINT TO
BE CALLED POINT ' A' FOR THE PURPOSE OF THIS LEGAL DESCRIPTION; THENCE
SOUTH 00°17'34" EAST 125.64 FEET; THENCE SOUTH 89°01'50" WEST 136.97 FEET;
THENCE SOUTH 89'35'11" EAST 179.20 FEET TO A LINE PARALLEL WITH AND
DISTANT 20 FEET , MEASURED AT RIGHT ANGLES FROM THE WESTERLY LINE OF
PARCEL 1, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAGE 33, RECORDS OF
SURVEY.
TOGETHER WITH A STRIP OF LAND 27.00 FEET WIDE LYING 13.50 FEET ON EACH SIDE
OF THE CENTERLINE DESCRIBED AS FOLLOWS:
BEGINNING AT THE ABOVE DESCRIBED POINT A THENCE NORTH 89' 42' 26" EAST
150.00 TO THE EASTERLY LINE OF LOT 1 OF TRACT NO. 11349 RECORDED IN MAP
BOOK 203 PAGES 33-34.
THE SIDELINES OF THE ABOVE SAID STRIP ARE TO BE EXTENDED OR SHORTENED AS
NEEDED TO TERMINATE IN THE ABOVE DESCRIBED LINES.
FE551p�g1
0
ADDRESS: 3250 SACO STREET, VERNON CA. 90058
FIRELANE / ACCESS QUITCLAIM
CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SCALE 1"=so'_a, SEABOARD ENGINEERING CO. JOB NO. 13-100
1100 S. BEVERLY DRIVE, STE 201
DRAWN 8Y Mf) LOS ANGELES, CALIFORNIA 90035 DATE 11/04/14
CHECKED BY TEL. (310) 277-7337 FAX (310) 277-7339
Ma SEABOARDOSEABOARDENGCO.COM PAGE 1 OF 1
EXHIBIT " B "
I
;7—E
XISTING FIRELANE/ACCESS
EASEMENT OF THE CITY OF VERNON
i INST. NO. 20121886574
—_NW'LY COR PARCEL 1 f REC. 12/07/2012
R.S. 51-33 i
i
P.O.B. i 33.50 _i gc�
N894226" E
19 6
S 0031'18" E N894226" E
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13.5' 40.69' 150.00 ,
Uj W'LY LINE PARCEL 1 PARCEL B PT. 'A' `
4J; R.S. 51-33
4J
cc INSTRUMENT NO. 20121838859 5 00'1734" E
W 28.00 REC. 12/03/2013, O.R. 125.64'
27 00'y ,o.a E LY LINE LOT 1
M.B. 203-33/34 Jos
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37 TH STREET
ADDRE S: 3250 SACO STREET, VERNON CA. g0058
FIRELANE QUITCLAIM EASEMENT
CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SCALE 1"=80'-0" SEABOARD ENGINEERING CO. JOB NO. 13-100
1100 S. BEVERLY DRIVE, STE 201
DRAWN BY MD LOS ANGELES, CALIFORNIA 90035 DATE 05/07/14
CHECKED BY Mp TEL.
277-7339
SEABOARD®SEABOARDENGCO.COM PAGE 1 OF 1
RECORDING REQUESTED BY
and
WHEN RECORDED MAIL TO:
City of Vernon
4305 Santa Fe Avenue
Vernon,CA 90058
Attn:City Clerk
MAIL TAX STATEMENTS TO:
Exempt
SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE
FIRE LANE EASEMENT
APN: PORTIONS OF 6302-006-013
DOCUMENTARY TRANSFER TAX IS NONE-NOT REQUIRED SEC. 11922
REVENUE TAXATION CODE
FOR A VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY
ACKNOWLEDGED,
37TH STREET INDUSTRIAL INVESTORS,LLC (the "Grantor")
HEREBY GRANT(S)TO:
City of Vernon,a body corporate and politic(the"Grantee")
A Fire Lane Easement for ingress and egress purposes, maintained open and passable for
oversized emergency vehicles, equipment and related uses, free and clear of all obstructions,
temporary and permanent alike,and over that certain real property (the"Conveyed Property"),
as described in Exhibit"A"attached hereto and incorporated herein by this reference, and as
more particularly shown on the map attached hereto as Exhibit"B"and incorporated herein by
this reference. The Conveyed Property is a portion of the property owned by the Grantor. The
property is located in the City of Vernon,County of Los Angeles, State of California
Date: a u k4'
"Grantor"
37TH STREET INDUSTRIAL INVESTORS, LLC
Name, Ti Name, Title
( inat�� l (Signature)
State of California
County of L S
On V� 1,4 before me,C�Mitw 47A NIAAM <:2
(Insert Name of Notary Public and le)
personally appeared /� N• JVt.t�
who proved to me on the basis of satisfactory evidence to be the person(/whose name is/q�
subscribed to the within instrument and acknowledged to me that he/S)(e/th4 executed the same
in his/hd/thporr'authorized capacity(i54, and that by his/hp(thfiKr' signature(pfon the instrument
the person(, or the entity upon behalf on which the person/acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
forgoing paragraph is true and correct.
r CHRISTINA BARBA �
WITNESS my hand and official seal. Ll01rDOMM.
COMM.#I909258
LOS ANGELES COUNTY Q
11 EXPIRES QCT,19t 2014'+
Signature (Seal)
EXHIBIT " A"
THAT POR11ON OF PARCEL 8 OF DEED , IN THE CITY OF VERNON, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA RECORDED AS INSTRUMENT NO, 20121838859
RECORDED DECEMBER 3, 2012, OFFICIAL RECORD OF SAID COUNTY MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1 OF RECORD OF SURVEY
FILED IN BOOK 51 PAGE 33 OF RECORDS OF SURVEY, SAID POINT BEING ON THE
CENTER LINE OF SACO STREET, 40 FEET WIDE AS SHOWN ON SAID RECORD OF
SURVEY; THENCE ALONG THE NORTHERLY LINE OF SAID PARCEL 1, NORTH 89' 33'
04" EAST 28.00 FEET TO A LINE PARALLEL WITH AND DISTANT 28 FEET EASTERLY
FROM SAID CENTERLINE OF SACO STREET, THENCE ALONG SAID PARALLEL LINE,
SOUTH 00' 27' 41" EAST 115.24 FEET TO THE TRUE POINT OF BEGINNING; THENCE
ALONG THE FOLLOWING ELEVEN ( 11 ) COURSES:
1. NORTH 89' 32' 19" FAST 15.61 FEET; I
2. SOUTH 82' 24' 09" EAST 17.46 FEET;
3. NORTH 89' 22' 48" EAST 341,87 FEET TO THE BEGINNING OF A NON TANGENT
CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 32.00 FEET, A RADIAL
LINE TO SAID POINT BEARS, SOUTH 78' 55' 31" WEST;
4. NORTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 61.19 FEET THROUGH A
CENTRAL ANGLE OF 109' 33' 10" ;
5. NORTH 0' 37' 12" WEST 87.85 FEET;
6. NORTH 89' 42' 26" EAST 27.00 FEET;
7. SOUTH 0' 37' 12" EAST 151.10 FEET;
8. SOUTH 89' 01' 50" WEST 267.12 FEET,
9. SOUTH 89' 35' 11" WEST 152.68 FEET TO THE BEGINNING OF A TANGENT CURVE
CONCAVE SOUTHERLY HAVING A RADIUS OF 383.06 FEET ;
10. WESTERLY ALONG SAID CURVE AN ARC LENGTH OF 18.58 FEET THROUGH A
CENTRAL ANGLE OF 2' 46' 46" TO THE AFOREMENTIONED PARALLEL LINE,
MEASURED 28 FEET EASTERLY FROM THE CENTERLINE OF SACO STREET;
11. ALONG SAID PARALLEL LINE, NORTH 00' 27' 41" WEST 30.00 FEET TO THE TRUE
POINT OF BEGINNING.
CONTAINING AN AREA OF 16,463 SQUARE FEET OR 0.383 ACRE MORE OR
�3
ADDRESS. 3250 SACO STREET, VERNON , CA. g0058 CALIFQ�
FIRELANE / ACCESS EASEMENT
CITY OF VERNON, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA
SCALE 1'�ao'- o� SEABOARD ENGINEERING CO. JOB NO. 13-100
1100 S. BEVERLY DRIVE, STE 201
DRAIW BY LOS ANGELES. CALIFORNIA 90035 0'8 4
TEL.
CHECXED BY MD SEABOA D7 277-7339 0SE BOARDENGCO.COM PAGE 1 OF 1
EXHIBIT B"
I
P B ! EXISTING FIRELANE/ACCESS
NW'LY COR PARCEL 1 EASEMENT OF THE CITY OF VERNON
INST. NO.{ R.S. 51-33 IN S
EC- 2/07/201Z86574
38-00'
N 8933'04" E L3
28.00'
w
33.50' ---- - ' - -- - -
I ' 4 hK
;! SN PARCEL Blic g
, Ll INSTRUMENT NO. 20121838859 i
a 1 REC. i 2/03/2012, O.R.
w
ui
3 !4
VKh 2 89 35'I r'if' 152-68' 69'0 F 50" W 26'712'
LINE TABLEcn
NO. BEARING DISTANCE�T LEGEND:
L1 N 89'32'19° E 15.61'
L2 S 82'24'09° E 17.46' FIRELANE EASEMENT
i
L3 N 89'42'26" E 27.00'
L4 N 00'27'41' W 30.00'
` I
CURVE TABLE »
N0. _DELTA_ RADIUS_ _LENGTH ee ,
Cl 109'33'10" 32.00' 61.19'_- `'' c' ,
C2 2'46'46" 383.06' 18.58' 7
I C �
37 TH STREET
ADDRESS: 3250 SACO STREET, VERNON CA. g0058
FiRELANE / ACCESS EASEMENT
CITY OF VERNON, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
SCALE "=sa'-a" SEABOARD ENGINEERING CO. JOB NO. 13-100
1100 S. BEVERLY DRIVE, STE 201 "!= I-
ORAMEN BY MID LOS ANCAI.E5. CN FORNIA 9D035 DATE-
TEL (310) 277-7337 FAX (310) 277-7339 1
C#1FC BY 1U SEAWARDOSEABOAROENOCO.COM PAGC OF
CERTIFICATE OF ACCEPTANCE
(California Government Code Section 27281)
This is to certify that interests in real property conveyed to or created in favor of the City of
Vernon by that certain Fire Lane Easement dated July 21, 2014, executed by 37th Street
Industrial Investors, LLC, is hereby accepted by the undersigned officer on behalf of the City
pursuant to the authority conferred by Minute Order by the City Council of the City on
December 2,2014,and the grantee consents to recordation thereof by its duly authorized officer.
Dated: 52014
CITY OF VERNON
W. MICHAEL MCCORMICK,Mayor
ATTEST:
ANA BARCIA, Deputy City Clerk
APPROVED AS TO FORM:
HEMA PATEL, City Attorney
N-r
RECEIVED
DEC 01 2014
RECEIVED
DEC 0 12014 CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
DATE: December 9,2014
TO: Honorable Mayor and City Council
FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric
RE: Approval of Change Order No. 1 to the Existing Consulting Services
Agreement with Engineering Partners, Inc., for the Design and Preparation
of Plans for the Relocation of Power Poles related to the Rehabilitation of the
Atlantic Blvd. Bridge over the Los Angeles River Bridge
Recommendation
It is recommended that the City Council:
1. Find that the approval of Change Order No. 1 the Consulting Services Agreement with
Engineering Partners, Inc., ("EPI"), is in within the Initial Study/Mitigated Negative
Declaration prepared for this project pursuant to the provisions under the California
Environmental Quality Act (CEQA) in accordance with Section 15063, the lead agency
shall conduct an initial study to determine if the project may have a significant effect on
the environment, and Section 15070.
2. Approve and authorize the City Administrator to execute Change Order No.1, in
substantially the same form as submitted herewith, to existing consulting services
agreement with EPI for services related to additional surveying requirements, for a
compensation amount not-to-exceed $10,000; thereby increasing the total contract value
to a not-to-exceed amount of$147,385.
Background
The Atlantic Boulevard Bridge over the Los Angeles River was constructed in 1931. Due to the
narrow pedestrian walkway and traffic lanes, the bridge will be inadequate for the projected
traffic volume of vehicles and trucks traveling the route. As a result, the bridge must be
modernized to meet current structural standards and comply with the accepted design
requirements of Caltrans, the County of Los Angeles, the County of Los Angeles Flood Control
Department, and the U.S. Army Corps of Engineers.
The bridge improvements will require the relocation of several power poles along Atlantic Blvd.
and the LA River crossing. On April 5, 2011, the City Council adopted Resolution No. 2011-43
authorizing the issuance of a Request for Proposals ("RFP") for the preparation of plans and
specifications for the relocation work. The City selected EPI, based on demonstrated
competence and responsiveness to the RFP. On February 21, 2012, the City Council adopted
Resolution No. 2012-32 approving a Consulting Services Agreement with PEI for an amount
not-to-exceed $137,385.
A significant portion of the consulting services agreement with EPI is the relocation of the 16
KV line crossing the Los Angeles River as a result of the Atlantic Blvd Bridge widening and
rehabilitation project. The continuation of the 16 KV line to the south side of the bridge was a
challenge due to space constraints. After several iterations of concept designs of these lines, the
City has decided that the relocation of the L.A. River crossing at the east side of Atlantic Bridge
is too difficult to complete within reasonable cost parameters. A decision was made to move the
16 KV line to the west side of the bridge.
A concept drawing was prepared by EPI to show the revised routing and it was submitted to Los
Angeles Department of Water and Power ("LADWP") since the revised route would encroach in
LADWP transmission right of way. LADWP provided comments and asked for additional data.
Specifically, they asked the City to survey the existing LADWP transmission lines that cross the
City's proposed 16 KV lines and provide plan and profile of existing lines and proposed new
lines to ensure adequate California General Order 95 ("G.O. 95") clearances are met. Survey
data will be in conformance with the LADWP conductor survey instruction. The proposed
Change Order No. 1 to the consulting services agreement with EPI will address LADWP's
request for survey data.
Fiscal Impact
The proposed Change Order No. 1 shall not exceed a total amount of $10,000, inclusive of
expenses. Sufficient funds are available in the 2014-2015 VG&E Engineering budget.
Attachments
CITY OF VERNON
DEPARTMENT OF GAS & ELECTRIC
CHANGE ORDER NO 1 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS
Design and Preparation of Plans for the Relocation
PROJECT: Power Poles related to Atlantic Blvd./Los Angeles Contract No. LP-0131
River Bridge Rehabilitation
FEDERAL PROJECT No. N/A EDEN Project No. N/A
REQUESTED BY: City of Vernon - VG&E Supplemental No. N/A
TO: Engineering Partners, Inc. CONTRACTOR P.O. No. LP-0131
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect,and apply to the additional work as if said work was originally
included in the contract.
The Design and Preparation of Plans for the Relocation of Power Poles related to the
Rehabilitation of the Atlantic Blvd. Bridge over the Los Angeles River. The cost will be
amended according to the Engineering Partners, Inc. scope of work proposal dated
November 20, 2014.
Project Schedule
Will have no impact on the completion date to the revised schedule.
Contract Cost
Cost adjustment for the contract for additional services to complete power line crossing profile survey study.
The additional cost not to exceed: $10,000.00
Contract Amount Base Bid . . . . . . . . . . $ 137,385.00
Amount of This Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000.00
Amount of Previous Change Orders . . . . . . . $ 00
Total Change Orders . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,000.00
Modified Contract Amount $ 147,385.00
Approved: Date:
Mark Whitworth,City Administrator
Attest: Date:
Ana Barcia,Deputy City Clerk
We,the undersigned Contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all
labor,equipment and materials,including overhead,except as may otherwise be noted above,and perform all services necessary for the work above specified,and
will accept as full payment therefore the prices shown above.
Accepted Date: Consultant:
By: Title:
THE ENGINEERING PARTNERS,INC,
CONSULTING ENGINEERS
9565 WAPLES STREET,SUITE 100
SAN DIEGO, CA 92121
EPI (858)824-1761 FAX(858)824-1768
November 25, 2014
City of Vernon
Department of Light and Power
4305 Santa Fe Avenue
Vernon, CA 90058
Attn: Ali Nourmohamadian, Electric Utility Engineering Manager
Subj: PROPOSAL FOR CHANGE ORDER #1 (ADDITIONAL SURVEY) TO PREPARE
PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES
Ref: City of Vernon P.O. #055.0001695 dated 3/28/2012
Dear Mr. Nourmohamadian:
This proposal is to add our original proposal P2759r2 which was basis of the referenced
purchase order.
Background
A significant part of this project is the relocation of the 16 kV line crossing the Los
Angeles River as a result of the Atlantic Blvd Bridge widening project. The continuation
of the 16 kV line to the south side of the bridge was a challenge due to space
constraints. After several iterations of concept designs of these lines, the City has
decided that the relocation of the L. A. River crossing at the east side of Atlantic Bridge
is too difficult to complete at reasonable costs. A decision was made by the City to
move the 16kV line to the west side of the bridge.
A concept drawing was prepared by EPI to show the routing and said drawing along
with other improvements as part of the road widening was submitted to LADWP (Los
Angeles Department of Water and Power.
LADWP provided comments and/or requirements, one of them is to survey the existing
high voltage line and provide height of poles and lines in the vicinity of the high voltage
line.
Page 2
November 24, 2014
Subj: PROPOSAL FOR CHANGE ORDER #1 (ADDITIONAL SURVEY) TO PREPARE
PLANS AND SPECIFICATIONS FOR RELOCATION OF POWER POLES
Scope
Survey existing L. A. Department of Water and Power lines that cross the City's
16 kV lines and provide plan and profile of existing lines and proposed new line
to ensure adequate Cal G. O. 95 clearances are met.
Survey data will be in conformance with the LADWP conductor survey
instruction.
Fees
For the task enumerated above the fee is $10,000. This cost will be in addition to cost of
Task 4 of subject PO as itemized in EPI proposal P2759r2.
Thank you for this opportunity to participate on this project. If you have any questions,
please feel free to give us a call.
Sincerely,
Romeo Flores, P.E.
President
P3669R3
City of Vernon Vendor #004639
RECEIVED
NOV 2 5 20%
RECEIVED `r'" ;ITY ADMINISTRATION
NOV 2 6 2014 STAFF REPORT
CITY CLERK'S OFEVERNON GAS & ELECTRIC DEPARTMENT
DATE: December 9, 2014
TO: Honorable Mayor and City Council
FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric
RE: Request for Approval of Additional Fund Allocation for OneSource
Distributors, LLC Purchase Order 055.0002176
Recommendations
It is recommended that the City Council:
1. Find that the approval requested in this staff report is exempt under the California
Environmental Quality Act (CEQA) in accordance with Section 15273 because CEQA
does not apply to "purchasing or leasing supplies, equipment or materials; and that even
if it were subject to CEQA, it would be exempt pursuant to 15061(b)(3), the general rule
that CEQA only applies to projects that may have an effect on the environment because
the cable referenced will be used merely to replace existing older cable; and
2. Authorize the City Administrator to approve additional fund allocation in the amount of
$22,372.78 to existing Purchase Order 055.0002176 with OneSource Distributors
("OneSource"). A power cable purchase from OneSource was originally authorized by
City Council in June 2014 for a total amount not to exceed $388,898.00. Due to the
complex nature of measuring precise lengths of cable, a 10% tolerance is generally
employed by suppliers as an industry practice. The additional cable which was provided
to the City after cutting occurred has affected the total cost of the materials. The
approval of additional funds would thereby increase the maximum authorized
expenditure from $388,898.00 to $411,270.78, and would fully satisfy the payment due
to OneSource.
Background
Historically, the Department evaluates the design and total cost of ownership of underground
electric cables quoted by different manufacturers to ensure that the City receives the most
appropriate product to meet its needs. As a result of thorough procurement assessments, these
investments have the tendency to last over 30 years. Intermittently, the supplies of medium
voltage underground cables deplete and require restocking. The City must adhere to established
minimum stock levels, as inventory of such equipment is a crucial component in the provision of
safe, efficient, reliable service to Vernon customers.
On June 17, 2014, City Council authorized purchase order contracts for OneSource Distributors
in the amount of $388,898.00 for various power cables required by VG&E at that time. The
cable order has since been fulfilled by the manufacturer and payment is now due. In concurrence
with the 10% tolerance that is generally allowed with the pull and cut of the cable, a variance of
$22,372.78 exists when compared to the original amount authorized. Manufacturers of power
cables cannot stop cable production to the exact length and a 10% allowance is an industry
practice. Because they are unable to produce exact lengths, production lines are allowed to
dictate how many feet of cable can be disseminated in one continuous run and, as a result, the
actual length of the cable received from OneSource is approximately 5.7% over the amount
which was represented in the City's bid request. Consequently, this has impacted the total
amount due to the vendor.
The table below itemizes cable quantities and associated cost:
Bid Item No. Cable Size Quantity (in ft.) on Quantity (in ft.) Additional Cost
Bid Delivered
1 2 6,000 6,512 $3,706.88
2 1/0 6,000 6,446 $4,119.26
4 750 6,000 6,550 $3,763.10
5 1,000 20,000 20,768 $7,396.86
6 1,000 10,000 10,440 $3,386.68
The Vernon Gas & Electric Department recommends that Council approve the request for
additional funds in the amount of$22,372.78 to accommodate the cost overage detailed above.
Fiscal Impact
The fiscal impact of the additional fund allocation for OneSource Distributors will be
$22,372.78. This amount has been incorporated into the VG&E Departmental budget.
Attachments
ONESPURCE Invoice
INVOICE DATE INVOICE NUMBER
10/09/2014 S4385322.011
BR15 ONESOURCE DISTRIBUTORS,LLC
6530 ALTURA BLVD PAGE NO.
BUENA PARK,CA 90620 REMIT TO:
714-685-5390 ONESOURCE DISTRIBUTORS,LLC
Fax 714-521-2031 IUD BOX 94239E
].OS ANGELES,CA 90064.2398 1 of 1
BILL TO: SHIP TO:
CITY OF VERNON CITY OF VERNON (Utility House)
4305 SANTA FE AVE CITY YARD
DEPT D 2800 S.SOTO
VERNON, CA 90058 VERNON, CA 90058
CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER ORDERED BY
27838 055 0002176
WRITER SHIP VIA TERMS SHIP DATE ORDER DATE
MARYB BW- BEST WAY NET 30 DAYS 10/09/2014 06/27/2014
ORDER QTY SHIP QTY DESCRIPTION UNIT PRICE EXT PRICE
6000FT 6312FT SOWIRE 15KV#2 Alum Triplexed 7 240/FT 47146.88
Conductor Jacketed Underground
Cable Stamped with 17KV on Wire COV
ITEM#8300-3000-078
6000FT 6446FT SOWIRE 15KV 1/0 Alum Triplexed 9 236/FT 5953526
Conductor Stamped 17KV Cov Item#
8300-3000-079
** REPRINT** REPRINT** REPRINT Subtotal 106682.14
Invoice is due by 11108/2014 S&H Charges 0.00
All claims for shortage or errors must be made at once. Tax 0.00
Returns require written authorization and are subject to
handling charges Specia'orders are non-retumable. Payments 000
Past Due invoices may be subject to 1.50%late charge. Amount Due 106682 14
Prinled By MMORENO wi 1011CV2014 8:35 29 AM
DRISDURCE Invoice
INVOICE DATE INVOICE NUMBER
BR15 ONESOURCE DISTRIBUTORS, LLC 10/09/2014 S4385322.015
6530 ALTURA BLVD PAGE NO
BUENA PARK, CA 90620 REMIT TO.
714-685-5390 ONESOURCE DISTRIBUTORS,LLC
Fax 714.521-2031 PO BOX 842388
LOS ANGELES,CA 90084.2388 - 1 of 1
BILL TO: SHIP TO:
CITY OF VERNON CITY OF VERNON (Utility House)
4305 SANTA FE AVE CITY YARD
DEPT. D 2800 S.SOTO
VERNON, CA 90058 VERNON, CA 90058
CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER ORDERED BY
27838 055 0002176
VVR'TER SHIP VIA TERMS SHIP DATE ORDER DATE
MARYB BW- BEST WAY NET 30 DAYS 10/09/2014 06/27/2014
ORDER CITY SHIP QTY DESCRIPTION UNIT PRICE EXT PRICE
6000FF 655OFT SOWIRE 15KV 750 Alum Single 6 842/FT 44815.10
Conductor Stamped 17KV on Wire
Jacketed Underground Cable Cov
ITEM#8300-3000-070
1000OFT 10440FT SOWIRE 15KV 1000 Alum Single 7 697/FT 80356.68
Conductor Non-Jacketed Underground
Cable Stamped 17KV
COV ITEM#8300-3000-071
ALL ITEMS PER BID AND CITY OF
VERNON SPECIFICATIONS TR12014 AND
CA12014 AND ALL SPECS AND
REQUIREMENTS PER BID ALL
MANUFACTURER TESTING, STAMPING AND
SHIPPING PER BID AND SPECS
MATERIAL MUST BE DELIVERED BEFORE
10 WEEK OR SOUTHWIRE WILL BE LIABLE
FOR LIQUIDATED DAMAGES REEL
DEPOSITS ARE DEFERRED PER SPEC/BID
CITY OF VERNON CLOSED EVERY FRIDAY
AND MUST BE NOTIFIED SEVERAL DAYS
BEFORE DELIVERY
** REPRINT** REPRINT** REPRINT Subtotal 125171 78
Invoice is due by 11/08/2014 S&H Charges 000
All claims for shortage or errors must be made at once Tax 000
Returns require written authorization and are subject to
handling charges Special orders are non-returnable Payments 0.00
Past Due Invoices may be subject to 1.50% late charge. Amount Due 125171 78
Pnnled By MMORENO on 101100014 5 35 36 AM
ON[SOURCE Invoice
INVOICE DATE INVOICE NUMBER
BR15 ONESOURCE DISTRIBUTORS,LLC 10/09/2014 S4385322 023
6530 ALTURA BLVD PAGE NO
BUENA PARK,CA 90620 REMIT TO:
714-685-5390 0NESOURCE DISTRIBUTORS,LLC
Fax 714-521-2031 PO BOX 842388
SOS ANGELES,CA 90004-2388 1 Qt 1
BILL TO: SHIP TC:
CITY OF VERNON CITY OF VERNON (Utility House)
4305 SANTA FE AVE CITY YARD
DEPT,D 2800 S SOTO
VERNON, CA 90058 VERNON, CA 90058
CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER ORDERED BY
27838 055 0002176
WRITER SHIP VIA TERMS SHIP DATE ORDER DATE
MARYB BW- BEST WAY NET 30 DAYS 10/09/2014 06/27/2014
ORDER CITY SHIP CITYDESCRIPTION UNIT PRICE EXT PRICE
2000OFT 10378FT SOWIRE 15KV 1000 Alum Single 8 601/FT 89261.18
Conductor Stamped 17KV on
Wire Jacketed Underground Cable Cov
ITEM#8300-3000-072
%378 ft and 10,482 ft
** REPRINT** REPRINT** REPRINT Subtotal 89261.18
Invoice is due by 11/08/2014 S&H Charges 000
All claims for shortage or errors must be made at once Tax 0.00
Returns require written authorization and are subject to
handling charges. Special orders are non-returnable Payments 0.00
Past Due invoices may be subject to 1.50% late charge. Amount Due 1- 89261.18
Pnnled By MMORENO on 1011012014 8 35 65 AM
GRESOURCE Invoice
INVOICE DATE INVOICE NUMBER
111,11 Ill
BR15 ONESOURCE DISTRIBUTORS. LLC 10/09/2014 ' S4385322.019
6530 ALTURA BLVD PAGE NO
BUENA PARK,CA 90620 REMIT TO
714-685-5390 ONESOURCE DISTRIBUTORS,LLC
Fax 714-521-2031 PO BOX 842388
LOS ANGELES,CA 90084-2389 1 Of 1
BILL TO SHIP TO
CITY OF VERNON CITY OF VERNON (Utility House)
4305 SANTA FE AVE CITY YARD
DEPT D 2800 S SOTO
VERNON. CA 90058 VERNON, CA 90058
CUSTOMER NUMBER CUSTOMER ORDER NUMBER RELEASE NUMBER ORDERED BY
27838 055 0002176
WRITER SHIP VIA TERMS SHIP DATE ORDER DATE
MARYB BW- BEST WAY NET 30 DAYS 10/09/2014 06/27/2014
ORDER CITY SHIP CITY DESCRIPTION UNIT PRICE EXT PRICE
2000OFT 10482FT SOWIRE 15KV 1000 Alum Single 8.601/FT 90155.68
Conductor Stamped 17KV on
Wire Jacketed Underground Cable Cov
ITEM#8300-3000-072
10,378 ft and 10,482 ft
REPRINT" REPRINT`" REPRINT Subtotal 90155.68
Invoice is due by 11/08/2014 S&H Charges 0.00
All claims for shortage or errors must be made at once Tax 0.00
Returns require written authorization and are subject to
handling charges Special orders are non-returnable Payments 0.00
Past Due invoices may be subject to 1.50% late charge. Amount Due 9015568
Printed By MMORENO on 1011012C14 0 35 47 AM
1.
RECEIVED
R L�CEIVED
a DEC 01 2014
DEC 01 2014
CITY ADMINISTRATION
CITY CLERK'S OFFICE STAFF REPORT
VERNON GAS & ELECTRIC DEPARTMENT
DATE: December 9, 2014
TO: Honorable Mayor and City Council
FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric\
RE: Approval of Change Order No. 1 to the existing Services Agreement with
Power Engineers, Inc., for Distributed Generation Impact Study Services
Recommendation
It is recommended that the City Council:
1. Find the approval of Change Order No.1 to the Services Agreement as proposed in this
staff report is exempt under the California Environmental Quality Act (CEQA) in
accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects
that may have an effect on the environment; and
2. Authorize the City Administrator to execute Change Order No.l, in substantially the
same form as submitted herewith, to the services agreement with Power Engineers, Inc.
("PEI") for services regarding a distributed generation impact study. In addition to the
subtasks summarized in Task 4 of the original scope of work, PEI will leverage and
augment existing analyses to complete a new Cost of Service ("COS") Study. The
proposed change order reflects an increase not-to-exceed $36,500, for a grand total not-
to-exceed $255,280.00 over the one year term of the agreement.
Background
In May 2013, the City Council approved a moratorium on new generating facilities to allow the
City to evaluate the potential impacts of these generation facilities. The Vernon Gas & Electric
Department ("VG&E") currently has a Net Metering Program for solar and Wind Turbine
renewable energy generating facilities in place. To address the issue of local distribution
generation, VG&E issued a Request for Proposals for a Distributed Generation Impact Study
seeking consulting expertise to prepare a report assessing the impacts of distributed generation
(DG) facilities on the public and VG&E. The City selected PEI, based on demonstrated
competence and responsiveness to the RFP.
On September 2, 2014, City Council authorized the execution of an agreement with PEI for
consulting services regarding a distributed generation impact study at an amount not-to-exceed
$218,780.00 over the one year term of the agreement. During a recent data review with PEI, it
was determined that, in order to complete the most comprehensive distribution generation impact
study possible, it would be necessary to include an updated COS Study. The COS Study is
designed to provide VG&E with a generous and defensible analysis of fixed and variable costs
associated to distributed generation in the City and will be the basis for determining any
correlating impact on rates for customers. The detailed data produced from the COS Study will
allow the City to properly evaluate current cost recovery alignment in each customer class, and
ensure the City has the facts required to design rates to fully and properly recover costs.
In addition to the subtask summarized in Task 4 of the original scope of work, PEI will leverage
and augment the existing analysis to complete a new COS. The parameters of this additional
scope of work were thoroughly vetted with the City of Vernon project team, Director of VG&E,
and the City Administrator during the Rate Making Strategy Meeting held on October 29, 2014.
In light of the foregoing, it is recommended that City Council approve Change Order No.I to the
PEI contract agreement for a proposed amount not-to-exceed $36,500.
Fiscal Impact
The Distributed Generation Impact Study project was not specifically identified in the 2014-2015
budget, but adequate funds for consulting services are available to cover the additional expense
of$36,500.
Attachments
CITY OF VERNON
DEPARTMENT OF GAS & ELECTRIC
CHANGE ORDER NO 1 SUPPLEMENT NO. _ SHEET 1 OF 1 SHEETS
PROJECT: Distributed Generation Impact Study Contract No. LP-0230
FEDERAL PROJECT No. N/A EDEN Project No. N/A
REQUESTED BY: City of Vernon—VG&E Supplemental No. N/A
TO: Power Engineers, Inc. CONTRACTOR P.O. No. LP-0230
You are hereby directed to make the herein described changes to the plans and specifications or do the following described work
not previously included in the plans and specifications of this contract. Except as specifically modified herein, all terms and
conditions of the original contract remain in full force and effect,and apply to the additional work as if said work was originally
included in the contract.
The Distributed Generation Impact Study service cost will be amended according to the
Power Engineers, Inc. scope of work proposal dated October 31, 2014.
Project Schedule
Will have no impact on the completion date to the revised schedule.
Contract Cost
Cost adjustment for the contract for additional services to complete a new Cost of Service (COS) Study.
The additional at a cost not to exceed: $36,500.00
Contract Amount (Base Bid) . . . . . . . . . . $ 218,780.00
Amount of This Change Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,500.00
Amount of Previous Change Orders $ 00
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Total Change Orders I . . . . . . . . . $ 36,500.00
Modified Contract Amount $ 255,280.00
Approved: Date:
Mark Whitworth,City Administrator
Date:
Attest:
Ana Barcia,Deputy City Clerk
We,the undersigned Contractor,have given careful consideration to the change proposed and hereby agree,if this proposal is approved,that we will provide all
labor,equipment and materials,including overhead,except as may otherwise be noted above,and perform all services necessary for the work above specified,and
will accept as full payment therefore the prices shown above.
Accepted Date: Consultant:
By: Title:
POWER
s�ENGINEERS
WSV #1
WORK SCOPE VARIANCE
Date: October 31, 2014 Project Number 135853
To: Javier Valdez, Vernon DG&E Project Name: DG Impacts Study
Originator: Dev Birla WSV Log Number: 092-612
Logged By: Barb Lance
Description of Out of Scope Work:
In addition to the subtasks summarized in Task 4 of the original scope of work,NewGen will leverage and augment
the existing analysis to complete a new Cost of Service(COS)Study for the City of Vernon Department of Gas and
Electric(DG&E). This work will be completed as a part of,and complement,the existing Subtask 4.3. The COS
Study will provide DG&E a comprehensive and defensible analysis to support the calculation of fixed and variable
costs incurred to deliver service to each customer class. This detailed data provides a basis to evaluate current cost
recovery alignment(e.g.fixed and variable rates aligned with costs)in each customer class,and ensure DG&E has
the data required to design rates to fully and properly recover costs. The development of the new COS Study will
include four steps:
Step 1-Test Year Revenue Requirement: A cash-basis revenue requirement will be developed based on the financial
forecast in Subtask 4.2 and related data supplied by DG&E. Using the existing budget data provided by DG&E in
addition to other cost and investment related data;we will develop the total costs incurred by the utility to provide
service. These costs will be reviewed and evaluated to include known and measurable adjustments and reflect
expected changes in the utility operations,power supply or other material cost/customer impacts. These adjustments
applied to the budget data will comprise the Test Year Revenue Requirement that must be recovered from rate related
revenues.
Step 2-Functionalization of the Revenue Requirement: The revenue requirement will be unbundled or functionalized
into the four electric utility functions(e.g. production,transmission,distribution and customer). Each budget account
or line item will be directly assigned or allocated to the appropriate utility function to develop the total functional
costs of DG&E.
Step 3-Classification of Costs: Within each function,the budget accounts and line items will be classified as
demand,energy or customer related costs in support of the allocation to customer classes in Step 4.
Step 4-Allocation of Costs to Customer Classes:The classified costs within each function will then be allocated to
each customer class at DG&E based on the associated class operating characteristics. For example,energy related
costs are allocated associated with each customer class' energy consumption levels(e.g.kWhs)and production
demand related costs are allocated by each class' contribution to the DG&E system peak demand.
Upon completing the allocation to customer classes,COS unit costs for each classification are developed to help
inform future rate design. For each customer class the cost per meter/customer-month,per monthly kW demand and
kWh energy consumed are calculated. These unit costs will quickly and easily convey any misalignment between
current rates and the COS results.The classes with a misalignment between rates and the COS unit costs will
highlight potential issues and risks for DG&E with regards to distributed generation and net meter cost recovery.This
data will also be used to help inform the development of future customer class,standby,and reservation net meter
rates.
Upon completion of the COS model,it will be delivered to DG&E for their future use to design rates and conduct
annual COS updates.To ensure DG&E is properly informed during the COS process,we will provide periodic web
meetings to present and discuss the results of the COS. A webinar coordination meeting will be held to review the
Test Year revenue requirement and the functionalization/classification of costs.An on-site meeting is included to
review the COS Study results for each customer class with DG&E staff. Once staff has reviewed and/or provided
updates to the COS results POWER will facilitate an onsite customer workshop on the COS,rate making,market
trends,and impacts of distributed generation on DG&E's financial performance.
ANA 092-611 135853(10/31/14)BL Page 1 of 2
POWER
ENGINEERS
WSV #1
WORK SCOPE VARIANCE
While designing rates for each customer class to recover the revenue requirement is not a part of this task,a rate
design model will be provided for DG&E staff to design rates with future COS updates. The rate design model will
include the ability to change or adjust rates over phases or multiple years while ensuring full cost recovery each year
of the phase-in.
Deliverables:
• Data request to augment existing data,where needed,to complete the COS Study
• Fully unbundled,classified COS for each customer class
• Two webinars to review the TY revenue requirement and functional ized/classified costs
• On-site meeting to discuss results of COS for the customer classes
• Customer workshop to educate and engage stakeholders in the COS results and rate making at DG&E
Reason for Change:
During the data review provided by Vernon DG&E,it was discovered that the COS study is 5-6 years old. That
study was sufficient for that time,but needs updating to restructure DG rates impact. This issue was discussed with
the Vernon Project Team,Director of DG&E,and City Administrator during the Rate Making Strategy Meeting on
October 29,2014. The City Administrator wanted this updated COS Study. We were advised to submit it formally.
Requested/Expected by(Date): 10/29/2014 Requested Completion (Date): 2/15/2015
Estimated Added Cost: $36,500
Overall Schedule Impact: None
Other Project or Department Impact: None
Approved by: �� ' Approved by:
Disciplines Impacted (check appropriate boxes):
® Project Mgmt. ❑ Electrical ❑ Environ./ROW
❑ Project Control ❑ Controls ❑ Information Systems
❑ Civil ❑ Substation ❑ Communications
❑ Structural ❑ Line ❑ Construction Mgmt.
❑ Mechanical ❑ Studies ® Other-Cost of Service Study
ANA 092-611 135853(10/31/14)BL Page 2 of 2
,1-
09 v�
RECEIVED
ECE1VE® '� 'G : NOV 2 4 2014
R �t�fracr 5�n�►aF
CITY ADMINISTRATION
DEC 012014
CITY CLERK'S OFFICE STAFF REPORT
HUMAN RESOURCES DEPARTMENT
DATE: December 9, 2014
TO: Honorable Mayor and City Council
FROM: Teresa McAllister, Director of Human Resources
RE: Adoption of City of Vernon Personnel Policies and Procedures, Smoking
Policy I-14 (update)
Recommendation
It is recommended that the City Council:
1. Find that approval of the proposed personnel policy and procedures in this staff report is
exempt under the California Environmental Quality Act (CEQA) in accordance with
Section 15061(b)(3), the general rule that CEQA only applies to projects that may have
an effect on the environment.
2. Adopt the attached Personnel Policy and Procedures, Smoking Policy I-14 (update), and
incorporate it into the Personnel Policies and Procedures Manual.
3. Authorize the City Administrator and the Director of Human Resources to execute and
distribute the above-referenced policy to all employees.
Background
The Human Resources Department is responsible for maintaining and managing the City's
Personnel Policies and Procedures. Prior to 2013, a comprehensive review of the Personnel
Policies and Procedures had not been conducted in over twenty (20) years. In line with the
City's good governance reforms, the City commenced and is continuing its comprehensive
review of its policies and procedures, including the incorporation of new policies and programs
designed to benefit the City, its employees, and surrounding communities.
To ensure a more efficient and effective method in maintaining and managing the City's
personnel policies and procedures, the City Council on November 20, 2012, approved Resolution
No. 2012-231 that incorporates all personnel policies into the Personnel Policies and Procedures
Manual. The manual is designed to provide a uniform and consistent system for human resource
administration throughout the City. In addition, the manual will provide employees with greater
clarity with respect to personnel policies, and promote effective communication among
managers, supervisors, and employees.
As such, on November 4, 2014, City staff has presented the below policy and procedure to the
City's labor organizations in order to meet in good faith on policies requiring a meet and confer
process, and to receive employee comment regarding the adoption of such policies and
procedures. Each group was asked to provide any comments by November 17, 2014.
As of November 17, 2014, City staff received no recommended revisions from the employee
labor organizations, and the following updated policy is hereby presented to the City Council for
consideration and adoption into the Personnel Policies and Procedures Manual:
• Smoking Policy I-14 (update)—The policy attached has been updated to the new format.
Budget Impact:
There is no budget impact.
'r,
O I Ye
j
4 VO4 Y
City of Vernon, California
i. Human Resources Policy and Procedure Manual
� J�LF i7i4=F"
Director of Human Resources
City Administrator
Number: 1-14 Effective Date:
SUBJECT: SMOKING POLICY
PURPOSE:
To prohibit smoking and tobacco use in and around City of Vernon work areas in order
to maintain a safe and healthy workplace. Smoking and secondhand smoke are known
to cause serious lung diseases, heart disease and cancer. The City of Vernon
recognizes the hazards caused by tobacco use and exposure to second hand smoke.
The term "smoking" as used in this Policy refers to the use of any cigarettes, e-
cigarettes, cigars, pipes, or vaporizers, regardless of the substance being inhaled or
expelled. "Tobacco products" as used in this Policy also includes chewing tobacco.
POLICY:
All employees, including volunteers and contractors, are prohibited from smoking or
using tobacco products within facilities, buildings or vehicles that are owned, leased or
operated by the City of Vernon at any time.
Smoking or tobacco use shall be permitted only in designated smoking areas located at
least 20 feet outside the building or facility entrance, operable windows, and ventilation
systems of enclosed areas to prevent tobacco smoke from entering those areas. All
materials used for smoking in designated smoking areas, including cigarette butts and
matches, will be extinguished and disposed of in appropriate containers.
PROCEDURE:
Responsibility Action
Human Resources 1. Employees will be informed of the City of
Vernon Smoking Policy through signs posted
1
Number I-14 Effective Date:
throughout properties owned and operated by
the City including City owned vehicles.
. The City of Vernon will help refer employees
who want to quit smoking to smoking cessation
programs and materials if solicited/requested.
3. Any violations of this policy will be handled
through established disciplinary procedures.
2
s1� RECEIVED
.s or►•F�
r,
RECEIVEDNOV 252014
DEC 012014 CITY ADMINISTRATION
S•'
CITY CLERK'S OFFICE STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICE
r9
DATE: December 9,2014
TO: Honorable Mayor and City Council
PREPARED BY: Claudia Arellano,Stormwater&Special Projects Analyst
APPROVED BY: Samuel Kevin Wilson.15irector of Public Works,Water&Development
Services
RE: Recommendation to enter into the First Amendment of the Memorandum of
Understanding for the purposes of the Municipal Separate Storm Sewer
System National Pollutant Discharge Elimination System Permit
Requirements
Recommendation
It is recommended that the City Council:
1) Find that the approval of the proposed First Amendment to the Memorandum of
Understanding(MOU) in this staff report is exempt under the California Environmental Quality Act
(CEQA) in accordance with Section 15061(b)(3),the general rule that CEQA only applies to projects that
may have an effect on the environment.
2) Authorize the City Administrator to execute the First Amendment to the MOU, in
substantially the same form as submitted herewith, between the Los Angeles Gateway Regional Water
Management Joint Powers Authority (GWMA) and the Cities of Bell, Bell Gardens,Commerce,Cudahy,
Huntington Park,Maywood, Vernon and the Los Angeles County Flood Control District(FCD),
(hereinafter collectively referred to as the Watershed Permittees) for administration and cost sharing to
prepare and implement a Watershed Management Program(WMP)Plan and Coordinated Integrated
Monitoring Program(CIMP)Plan as required by the Regional Water Quality Control Board, Los Angeles
Region (Regional Board),National Pollutant Discharge Elimination System(NPDES) Municipal Separate
Storm Sewer System(MS4)Permit Order No. R4-2012-0175. The City of Vernon's proportional share of
costs of implementing the WMP Plan and CIMP Plan and other related costs to be incurred in accordance
with the cost share formulas in Exhibit A2 of this First Amendment of the MOU for an annual not-to-
exceed amount of$100,000 per year per Watershed Permittee. The term of the First Amendment to the
MOU is through December 31, 2019.
Background
The Regional Board approved the NPDES Permit for Waste Discharge Requirements for MS4
Discharges within the Coastal Watersheds of Los Angeles County,except those discharges originating from the
City of Long Beach(hereinafter referred to as the Municipal NPDES Permit)on November 8,2012. The
effective date of the Municipal NPDES Permit is December 28,2012.
The Municipal NPDES Pen-nit places an emphasis on coordination of resources and efforts between the
Permittees such as Integrated Watershed Planning. On April 16,2013 the City Council authorized staff to
participate in a WMP and CIMP in cooperation with neighboring cities consisting of the Watershed Permittees.
As such,City of Vernon staff and the Watershed Permittees created the Los Angeles River Upper Reach 2
Watershed Management Area Cities (LAR UR2 WMA Cities). The Watershed Permittees drain to the
Los Angeles River and Rio Hondo. The FCD owns and operates storm drains in Reach 2 of the Los
Angeles River.
The WMP and CIMP Plans are planning documents to integrate the various permit provisions
including TMDL compliance, monitoring, Receiving Water Limitations, non-stormwater discharges, and
some of the public agency activities. The intent is to complete the WMP Plan and CIMP Plan on a
watershed scale. The WMP Plan must be developed to include the following:
• Prioritize water quality issues (Total Maximum Daily Loads [TMDL] and Receiving Water
Limitations).
• Identify implementation strategies,control measures and Best Management Practices(BMPs)
to achieve the water quality standards.
• Execute an integrated monitoring program and program assessment to determine progress
toward the water quality standards.
• Include adaptive management based on the monitoring and program assessment.
• Provide opportunity for stakeholder input through a Technical Advisory Committee.
The new monitoring requirements of the Municipal NPDES Permit create an extensive list of
related activities the Permittees will be responsible for completing and reporting. To fulfill this
requirement,the Municipal NPDES Permit highly encourages Permittees to develop a coordinated plan
with other Permittees in the same watershed. The CIMP Plan must include the following:
• Receiving water monitoring(Washes, rivers, lakes, streams,etc.).
• Stormwater Outfall-based Monitoring(the point at which the storm drain pipe outlets to a
surface water such as Saw Pit Wash). Stormwater flows must be monitored at a minimum of
three times per year for approximately 140 constituents and upon each significant rain event.
• Non-Stormwater Outfall Screening and Monitoring Plan -the City must create and
implement a plan to screen and monitor non-stormwater discharges. Furthermore, flows must
be tracked to identify the source and enforcement activities commenced on the discharger.
• Special testing—toxicity monitoring.
• TMDL monitoring—monitor for TMDL constituents.
• Regional Studies—the City may be required to participate in regional studies.
• New Development/Re-development effectiveness tracking—develop a database of all new
and re-developed sites' BMPs and track maintenance and effectiveness of each BMP.
On June 4, 2013, the City Council approved an MOU with GWMA for the administration and
cost sharing relating to the WMP and CIMP development under Resolution No. 2013-53 for an estimated
cost of$135,000(copy enclosed). The GWMA issued a Request for Proposals for said work and the
contract was issued to CWE Corporation. Staff worked rigorously with CWE Corporation to develop the
draft WMP and draft CIMP plans.
In developing the WMP,a Reasonable Assurance Analysis(RAA)was prepared to ensure the WMP
Plan attains the Municipal NPDES Permit goals and objectives,through an iterative adaptive management
process identified within Municipal NPDES Permit. The RAA identified zinc and E. coli(indicator bacteria)as
controlling contaminants that must be addressed through the WMP adaptive management process. To meet the
TMDL thresholds the City must implement costly new pollutant source and watershed control measures
(including Minimum Control Measures),Low Impact Development(LID)and Green Street projects,Low Flow
Diversions(LFDs),scientific studies,enforcement,and structural BMPs. Staff believes there is no proven
technology to treat bacteria;therefore,to meet the TMDL criteria,stormwater must be captured and infiltrated
into the earth rather than be allowed to flow to the river.
The RAA and WMP identified six regional structural BMP projects,estimated to cost a total of
between$80 and$210 million,and an additional$73 million in residential and commercial LID street
renovations that may need to be implemented over the next two decades. The six conceptual BMPs were
located under public lands,such as parks and easements,to avoid land acquisition costs,but construction of the
regional projects lower in the subwatershed,and closer to the outfall,could result in smaller facilities with lower
costs. More specifically,a regional structural BMP is proposed in the City of Vernon. Said regional structural
BMP is identified as the LADWP transmission easement. The LADWP Transmission Easement is an
infiltration trench project. The water quality design volume of the planned infiltration trench was modeled as an
infiltration basin as identified via a structural BMP prioritization and analysis tool called SBPAT. The planned
LADWP Transmission Easement project is estimated to cost$20 million plus maintenance and operation.
Below is a table listing the six regional structural BMP projects:
Regional BMP Cost Estimate
Name Low Cost Hi Cost
Randolph Street Green Rail Trail $4,300,000 $10,800,000
LADWP Transmission Easement $7,600,000 $19,600,000
John Anson Ford Park $36,800,000 $91,300,000
Rosewood Park $14,000,000 $36,800,000
Lugo Park $6,700,000 $17,200,000
Salt Lake Park $12,600,000 $33,200,000
Total: $82,000,000 $209,000,000
Note:Estimates are based on 2014 dollars.
In order to design and construct these regional BMP projects,the Watershed Permittees will have to
devise a cost sharing formula and enter into a separate or amended MOU. The City of Vernon's share of the
cost for these regional BMP projects is estimated to be over$35 million in the next 23 years.
It is still possible that after all these structural and non-structural BMPs are installed,the receiving
waters may still cant'pollutant exceedances due to unavoidable occurrences such as air disposition and wildlife.
While the WMP Plan encourages the cities to begin applying for grant funding support to construct these
facilities,the WMP Plan also encourages cities and regional management to consider undertaking studies or
efforts to more accurately characterize pollutant loads,preparing a zinc water effects ratio site specific objective
study,and re-designating the beneficial use threshold.
The Regional Board staff recently provided comments to the draft WMP plan and potential revisions to
the plan are focused on the polluted runoff from the General Industrial Permittees and non-permitted facilities
such as the railroads and the recently submitted special studies for the results of the Los Angeles River copper
water-effect ratio and lead recalculation studies. The Regional Board staffs' comments will require
revisions of the draft WMP plan which have a potential to carry additional costs to the City of Vernon.
The City Council approved an To date the City of Vernon's proportional share of costs for the preparation
of the draft WMP and draft CIMP plans is approximately$117,000. The required revisions to the draft
WMP and CIMP plans are not estimated to exceed the approved cost of$135,000 as mentioned above.
Staff continues to work with CWE Corporation on the revisions to the draft WMP plan.
The primary objectives of the Municipal NPDES Permits' monitoring program are as follows:
➢ Assess the chemical, physical, and biological impacts of MS4 discharges on receiving
waters;
➢ Assess compliance with RWLs and WQBELs established to implement Total Maximum
Daily Load(TMDL) wet-weather and dry-weather waste load allocations(WLAs);
➢ Characterize pollutant loads in MS4 discharges;
➢ Identify sources of pollutants in MS4 discharges; and
➢ Measure and improve the effectiveness of pollutant controls implemented under the
Municipal NPDES Permit.
The most prevalent land area uses in the WMA are industrial and residential. Using the cities and the
Los Angeles County's drainage system maps,the draft CIMP identifies the following monitoring sites in an
effort to comply with the Municipal NPDES Permit provisions:
➢ One receiving water monitoring site in the Los Angeles River will be located in the City
of South Gate,near the railroad trestle, or extension of Tweedy Boulevard, and is slightly
downstream of the WMA. While this site receives discharges from the City of South
Gate, which is not a LAR UR2 WMA member, it is immediately downstream of major
outfalls on both the east and west sides of the river that drain from over 60% of the LAR
UR2 WMA. Sampling data from this location will assess the impact of LAR UR2 WMA
MS4 discharges on the receiving water. The Upper Los Angeles River Watershed Group
identified a monitoring site that is located in the City of Los Angeles at Washington
Boulevard,just upstream of LAR UR2 WMA and is consistent with monitoring sites
utilized in the BSI study and Los Angeles River Metals TMDL Coordinated Monitoring
Plan(CMP). This location is critical to the ULARWG for demonstrating compliance,
and water quality data collected by that group would be valuable for assessing the impact
of LAR UR2 WMA discharges on the receiving waters.
➢ Seven stormwater outfall monitoring sites were selected. The seven monitoring sites
comprise about 79% of the catchment area of the LAR UR2 WMA. The selected sites
are representative of a combination of the jurisdictions, and/or land uses within each
drainage area which they have been chosen to represent. LAR UR2 WMA stormwater
outfall samples will be collected upstream of the outfalls at manholes, utilizing a portable
auto sampler. One stormwater outfall monitoring site (LAR-UR2-RHO) will be
monitored at every wet-weather event and the remaining six stormwater outfall
monitoring sites will be monitored on a rotation basis, where one site to the north and one
site to the south will be monitored per storm event. Three of the seven monitoring sites
are located in the City of Vernon. The locations of the outfalls located in Vernon are as
follows:
■ The stormwater outfall monitoring site LAR-UR2-DRO receives runoff from the
Los Angeles storm drain, which primarily receives runoff from the non-WMA
group member, City of Los Angeles, and a small portion of the City of Vernon.
Samples for LAR-UR2-DRO will be collected, utilizing portable auto samplers,
in a manhole located on the sidewalk on the southwest corner of Bandini
Boulevard and South Downey Road.
■ Stormwater Outfall Monitoring Site LAR-UR2-NO,receives runoff from the
cities of Commerce,Vernon and a small portion of Bell within LAR UR2 WMA
as well as non-WMA group member, City of Los Angeles. Samples for LAR-
UR2-NO will be collected by a portable auto sampler, installed in a manhole
located in lane number 3 on South Atlantic Boulevard in the City of Vernon.
■ The LAR-UR2-NVO stormwater outfall monitoring site receives runoff from the
cities of Vernon and a small portion of Commerce as well as non-WMA group
member, City of Los Angeles. Samples for LAR-UR2-NVO will be collected,
utilizing portable auto samplers, in a manhole located in the center median near
3890 East 26 h Street in the City of Vernon.
Comments from the Regional Board staff on the draft CIMP plan are pending. However,upon receipt
of an approved CIMP Plan,implementation of the CIMP Plan is required to commence within 90 days. Such
tasks under the CIlVIP plan will be contracted out through a formal bidding process
Purpose of the First Amendment to the MOU
An amendment to the MOU is required for the implementation of the WMP and CIMP plans. The
purpose of this MOU is to cooperatively support and undertake preparation of the WMP and CRAP plans and
any additional services,including but not limited to implementation of the WMP and the CIMP,except for
design and construction of the regional structural BMP projects and may include studies to determine if the
regional structural BMP projects outlined above and in the WMP are feasible. In other words the approved
work will include water quality monitoring at various outlets into the Los Angeles and Rio Hondo Rivers and
special studies including a study to determine the feasibility of the regional structural BMP projects.
Fiscal Impact
Based on the attached First Amendment to the MOU,the City of Vernon's proportional share of
costs to implement the WMP Plan and CIMP Plan and other related costs to be incurred in accordance with the
cost share formulas in Exhibit A2 is for an annual not-to-exceed amount of$100,000 per year for the term of the
First Amendment to the MOU which expires on December 31,2019. Funds have been budgeted for this
purpose in the Street Operations budget(1043).
Enclosures
RESOLUTION NO . 2013-53
A RESOLUTION OF THE CITY POUNCIL OF THE CITY OF
VERNON AUTHORIZING THE EXECUTION OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE LOS ANGELES GATEWAY
REGT_ONAL WATER MANAGEMENT JOINT POWERS AUTHORITY
AND THE CITIES OF BELL, BELL GARDENS, COMMERCE,
CUDAHY, HUNTINGTON PARK, MAYWOOD, VERNON AND THE
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT FOR
ADMINISTRATION AND COST SHARIING RELATING TO A
WATERSHED MANAGEMENT PROGRAM AND COORDINATED
INTEGRATED MONITORING PROGRAM
WHEREAS, on November 8, 2012, the Los Angeles Regional Water
Quality Control Board ("RWQCB") approved the new National Pollutant
Discharge Elimination System ("NPDES") permit for waste discharge
requirements for Municipal Separate Storm Sewer System (MS4) discharges
within the Coastal Watersheds of Los Angeles County, except those
discharges originating from the City of Long Beach ("MS4 Permit") ; and
WHEREAS, on April 16, 2013, the City Council authorized staff
to participate in a watershed Management Program in cooperation with
neighboring cities and administered by the Los Angeles Gateway Regional
Water Management Joint Powers Authority ("GWMA") ; and
WHEREAS, the cities of Bell, Bell Gardens, Commerce, Cudahy,
Huntington Park, Maywood, and Vernon and the Los Angeles County Flood
Control District (the "Watershed Permittees") are members of the Los
Angeles River Upper Reach 2 Sub Watershed Committee; and
WHEREAS, by memorandum dated June 4, 2013, the Director of
Community Services and Water has recommended that the City Council
authorize the City Administrator to enter into a Memorandum of
Understanding ("MOU") between GWMA and the Watershed Permittees for
administration and cost sharing to prepare a Watershed Management
Program (WMP) Plan and Coordinated Integrated Monitoring Program (CIMP)
0529131100
a -
Plan as required by the RWQCB, NPDES MS4 Permit Order No. R4-2012-0175
(Permit) ; and
WHEREAS, the City of Vernon' s estimated cost share for the
WMP Plan and CIMP Plan is $135, 000. 00; and
WHEREAS, the City Council of the City of Vernon desires to
approve to MOU between GWMA and the Watershed Permittes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS :
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct .
SECTION 2 : The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA) in accordance with Section 15061 (b) (3) , the general rule
that CEQA only applies to projects that may have an effect on the
environment .
SECTION 3: The City Council of the City of Vernon hereby
authorizes the City Administrator to enter into the MOU between the
GWMA and the Watershed Permittees, in substantially the same form as
the copy which is attached hereto as Exhibit A.
SECTION 4 : The City Council of the City of Vernon hereby
authorizes the City Administrator to execute said MOU for, and on
behalf of, the City of Vernon and the Interim City Clerk, or Deputy
City Clerk, is hereby authorized to attest thereto.
SECTION 5 : The City Council of the City of Vernon hereby
instructs the City Administrator, or his designee, to take whatever
actions are deemed necessary or desirable for the purpose of
implementing and carrying out the purposes of this Resolution and the
transactions herein approved or authorized, including but not limited
- 2 -
0529131100
to, any non-substantive changes to the Agreement attached herein.
SECTION 6: The City Council of the City of Vernon hereby
authorizes the Director of Community Services and Water to execute the
Notice of Intent, in substantially the same form as the copy which is
attached hereto as Exhibit B, as required by the RWQCB NPDES MS4
Permit.
SECTION 7 : The City Council of the City of Vernon hereby
directs the Interim City Clerk, or the Interim City Clerk' s designee,
to send two executed MOUs to:
Grace J. Kast, Executive Officer
GWMA
16401 Paramount Blvd.
Paramount, CA 90723
3 -
0529131100
SECTION 8 : The Interim City Clerk, or Deputy City Clerk, of
the City of Vernon shall certify to the passage, approval and adoption
of this resolution, and the Interim City Clerk, or Deputy City Clerk,
of the City of Vernon shall cause this resolution and the Interim City
Clerk' s, or Deputy City Clerk' s, certification to be entered in the
File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this 4th day of June, 2013 .
Name: W. Michael McCormick
Title: Mayor / - e
ATTEST
a Reed VN
Interim City Clerk ;.E) ^its ..!...L--:� 2
APPROVED AS TO FORM:
Nicholas G. Rodriguez, City Attorney
By: Scott E. Porter,- Deputy City Attorney
4 -
0529131100
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Dana Reed Interim City Clerk / of
the City of Vernon, do hereby certify that the foregoing Resolution,
being Resolution No. 2013-53, was duly passed, approved and adopted by
the City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, June 4, 2013, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this day of June, 2013, at Vernon, California.
Dana Reed
Interim City Clerk /
(SEAL)
- 5 -
0529131100
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITY
AND
THE CITIES OF BELL,BELL GARDENS,COMMERCE, CUDAHY,HUNTINGTON'PARK,
MAYWOOD,VERNON,AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR ADMINISTRATION AND COST SHARING TO PREPARE A WATERSHED
MANAGEMENT PROGRAM ("WMP") and COORDINATED INTEGRATED
MONITORING PROGRAM ("CIMP") AS REQUIRED BY THE REGIONAL'WATER
QUALITY CONTROL BOARD, LOS ANGELES REGION,NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM MUNICIPAL SEPARATE STORM SEWER
SYSTEM PERMIT ORDER NO. R4-2012-0175 MUNICIPAL SEPARATE STORM SEWER
SYSTEM ("MS4 PERMIT")
This memorandum of understanding ("MOU") is made and entered into as of
the date of the last signature set forth below,by and between the Los Angeles
Gateway Region Integrated Regional Water Management Joint Powers Authority
("GWMA"),a California Joint Powers Authority, and the Cities of Bell;Bell Gardens,
Commerce,Cudahy, Huntington Park,Maywood,Vernon ("Cities"),and the Los
Angeles County Flood Control District ("District"):
RECITALS
WHEREAS,the mission of the GWMA includes the equitable protection and
management of water resources within its area; and
WHEREAS,the Cities of Bell, Bell Gardens,Commerce,Cudahy,Huntington
Park,Maywood,and Vernon manage and drain stormwater into at least a portion of
the Los Angeles River Upper Reach 2 Sub Watershed ("LAR UR 2 Sub Watershed");
and
WHEREAS,the Los Angeles County Flood Control District owns and operates
more than ninety percent(90%) of the storm drains in the Reach 2 Sub Watershed;
WHEREAS,for the purposes of this MOU,the term"Watershed Permittees"
shall mean the cities of Bell,Bell Gardens,Cudahy,Commerce, Huntington Park,
Maywood,Vernon, and the Los Angeles County Flood Control District; and
WHEREAS,the Watershed Permittees and the GWMA are collectively
referred to as the"Parties"; and
WHEREAS,the MS4 Permit became effective on December 28, 2012 and
allows Permittees to prepare,adopt,and implement a Watershed Management
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12664/0001/1556575-9 Final#2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
Program ("WMP"),and a Coordinated Integrated Monitoring Program ("CIMP"),
collectively"the Plans,"in compliance with certain elements of the MS4 Permit; and
WHEREAS,the Watershed Permittees have elected to prepare and adopt,the
Plans in compliance with certain elements of the MS4 Permit; and
WHEREAS,preparation of the Plans requires administrative coordination for
the Watershed Permittees that the GWMA can provide; and
WHEREAS,the Watershed Permittees created the LAR UR 2 Sub;Watershed
Committee, consisting of at least one representative from each of the Watershed
Permittees,to assist the GWMA in coordinating the preparation and submission of
the Plans to be presented to the California Regional Water Quality Control Board,
Los Angeles Region,on behalf of the Watershed Permittees; and
WHEREAS,the Parties desire to collaboratively prepare a final Scope of Work
and Request for Proposals to obtain a Consultant to assist the Parties with
preparation and adoption of the Plans; and
WHEREAS,the Parties have determined that authorizing GWMA to hire a
consultant to prepare and deliver the Plans will be beneficial to the Parties;and
WHEREAS,the Parties have determined that the costs of preparing the Plans
and other related costs to be incurred by the GWMA should be paid by the
Watershed Permittees based on the proportional costs ("Proportional Costs")
reflected in Exhibit A.
NOW,THEREFORE,in consideration of the mutual covenants and conditions
set forth herein,the Parties do hereby agree as follows:
Section 1. Recitals. The recitals set forth above are fully incorporated as
part of this MOU.
Section 2. Purpose. The purpose of this MOU is to cooperatively support
and undertake preparation of the Plans and any additional services agreed to by the
Watershed Permittees working through the LAR UR 2 Sub Watershed Committee
and as approved by the GWMA. This MOU does not include services related to the
implementation of the Plans and required monitoring,and the Parties will enter into
an amendment to the MOU if they desire to collectively provide such services.
Section 3. Cooperation. The Parties shall fully cooperate with one
another to achieve the purposes of this MOU.
Section 4. Yol�ta y Nature. The Parties voluntarily enter into this MOU.
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Section S. Binding Effect. This MOU shall become binding on GWMA and
the Watershed Permittees that execute this MOU.
Section 6. Tg=. This MOU shall remain and continue in effect until
July 1, 2023, unless sooner terminated as provided herein.
Section 7. i.AR UF,2 Sub Watershed CoMa ttpe Representative. The LAR
UR 2 Sub Watershed Committee shall appoint a representative ("Representative")
who can speak for the Watershed Permittees on decisions to be made by the LAR UR
2 Sub Watershed.
Section 8. Role of the GWMA. The GWMA will contract with and serve as
a conduit for paying the Consultants as approved by the Watershed Permittees. The
consultant or consultants ("Consultant") shall prepare the Plans and any other plans
and/or projects that the Watershed Permittees determine are necessary and the
costs of which the Watershed Permittees agree through the Representative to pay.
Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Proportional Costs as
provided in Exhibit A for Consultant and any other related expenses to
which the Parties may agree in writing.
b) Each Watershed Permittee shall also pay its proportional share of
GWMA's staff time for retaining a Consultant and invoicing the
Watershed Permittees,audit expenses and other overhead costs,
including legal fees ("MOU Costs") incurred by GWMA in the
performance of its duties under this MOU. GWMA shall add a
percentage not to exceed three percent(3%) to each invoice
submitted to each Watershed Permittee to cover each Watershed
Permittee's share of the MOU Costs. The MOU Costs percentage shall
be set each fiscal year by a vote of the Policy Board.
c) GWMA shall submit an invoice to each Watershed Permittee upon
selection of a Consultant reflecting each Watershed Permittee's
estimated Proportional Costs of the Consultant's services through the
following June 30 or December 31,whichever date is earlier. Prior to
releasing payment to Consultant, GWMA shall submit a copy of the
Consultant's invoice to the LAR UR 2 Sub Watershed Committee for
approval.The decision on whether to pay the invoice shall be
communicated to the GWMA by the Representative.
d) Upon receiving the first and each subsequent invoice, each Watershed
Permittee shall pay its Proportional Costs to the GWMA within forty-
five days (45) days of receipt.
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e) Each year,commencing June 15, 2013,the LAR UR 2 Sub Watershed
Committee shall recommend to GWMA a budget for the following
year. GWMA shall consider the recommendation and adopt a budget
by June 301h inclusive of the LAR UR 2 Sub Watershed Committee's
recommendation. GWMA will send each Watershed Permittee no
later than December 1 and May 1 of each year an invoice representing
the Watershed Permittee's Proportional Costs of the adopted budget.
GWMA shall not expend funds in excess of the budgeted amount
without prior notification to and approval by the LAR UR 2 Sub
Watershed Committee.
fJ A Watershed Permittee will be delinquent if the requested payment is
within the budgeted amounts or` the amounts authorized by the LAR
UR 2 Sub Watershed Committee and such payment is not received by
the GWMA within forty-five (45) days after first being invoiced by the
GWMA. The GWMA will follow the procedure listed below,or such
other procedure that the LAR UR 2 Sub Watershed Committee directs
to effectuate payment: 1)verbally contact the official of the
Watershed Permittee with copies to each other Watershed Permittee
to the person and at the address to which notices should be addressed
pursuant to Section 13 of the MOU,and 2) submit a formal letter from
the GWMA Executive Officer to the Watershed Permittee. If payment
is not received within sixty(60) days following the due date,the
GWMA may terminate the MOU unless the City Managers/
Administrators of the Watershed Permittees in good standing inform
the GWMA in writing that their respective Watershed Permittees
agree to adjust their Proportional Cost allocations in accordance with
the Cost Share Formula in Exhibit A. The terminated Watershed
Permittee shall remain obligated to GWMA for its delinquent
payments and any other obligations incurred prior to the date of
termination.
g) GWMA shall suspend all work being performed by any Consultant
retained by GWMA if any Watershed Permittee has not paid its invoice
within forty five (45) of receipt unless the City Managers/
Administrators of the other Watershed Permittees inform the GWMA
in writing that their respective Watershed Permittees will pay the
delinquent Watershed Permittee's costs once the MOU with the
delinquent Watershed Permittee has been terminated.
h) Any delinquent payments by a Watershed Permittee shall accrue
compound interest at the then-current rate of interest in the Local
Agency Investment Fund,calculated from the first date of delinquency
until the payment is made.
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i) Funds remaining in the possession of the GWMA at the end of the
term of this MOU,or at the termination of this Agreement,whichever
occurs earlier, shall be promptly returned to the then remaining
Watershed Permittees in accordance with the Cost Share Formula in
Exhibit A.
Section 10. Notice of Intent Letter. Pursuant to Section V.C.4.b (page 55) of
the MS4 Permit,the Watershed Permittees agree to jointly draft, execute and submit
to the Regional Board bylune 28, 20f3,a "Notice of Intent"Ietter that complies with
all applicable MS4 Permit provisions.
Section 11. 113deoendent Contract.
a) The GWMA-is, and shall at all times remain,a wholly independent
contractor or performance of the obligations described in this MOU.
The GWMA's officers,officials,employees and agents shall at all times
during the Term of this MOU be under the exclusive control of the
GWMA. The Watershed Perrdittees cannot control the conduct of the
GWMA or any of its officers,officials, employees or agents. The
GWMA and its officers,officials, employees, and agents shall not be
deemed to be employees of the Watershed Permittees.
b) The GWMA is solely responsible for the payment of salaries,wages,
other compensation,employment taxes,workers'compensation,or
similar taxes for its employees and consultants performing services
hereunder.
Section 12. lndenii~icatign and Insurance.
a) The GWMA shall include in the agreeritents with the Consultants an
indemnification clause requiring the Consultants to defend, indemnify
and hold barrnless each of'the Watershed Permittees and the GWMA,
and their officers, employees, and agents, from and against any and all
liabilities, actions,suits, proceedings, claims,demands,losses, costs,
and expenses, including legal costs and attorneys fees,for injury to or
death of persons), for damage to property(including property owned
by the GWMA or any Watershed Permittee) resulting from negligent
or intentional acts, errors and omissions committed by Consultants,
and their ofl~Zcers, employees, and other representatives and agents,
arising out of or related to Consultants' performance under this MO11,
b) Each Watershed Permittee shall defend,indemnify and hold harmless
the GWMA and each other Watershed Perm ittee and their officers,
employees,and other representatives and agents from and against
any and all liabilities, actions, suits, proceedings, claims,demands,
losses, costs,and expenses, including legal costs and attorney's fees,
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12664/0001/1556575.9 Final#2 for LAR UR 2 sub Watershed Distribution Date for Execution May 23,2013
for injury to or death of person(s),for damage to property (including
property owned by the GWMA and any Watershed Permittee) for
negligent or intentional acts, errors and omissions committed by that
Watershed Permittee,its officers, employees,and agents,arising out
of or related to that Watershed Permittee's performance under this
MOU, except for such loss as may be caused by GWMA's or any other
Watershed Permittee's gross negligence or intentional acts or the
gross negligence or,intentional acts of its officers,-employees,or other
representatives and agents other than the Consultants.
c) The GWMA shall defend,indemnify and hold harmless the Watershed
Permittees,their officers,employees, and other representatives and
agents of the Watershed Permittees,from and against any and all
liabilities,actions, suits,proceedings, claims, demands,losses,costs,
and expenses,including legal costs and attorney's fees,for injury to or
death of person(s), for damage to property(including property owned
by the Watershed Permittees) and for negligent or intentional acts,
errors and omissions committed by GWMA,Its officers,employees,
and agents,arising out of or related to GWMA's performance under
this MOU.
d) Consultant's Insurance. The GWMA shall require the Consultants to
obtain and maintain,throughout the term of their contracts with the
GWMA,insurance as provided in Exhibit B.
e) GWMA makes no guarantee or warranty that the reports prepared by
GWMA and its Consultant shall be approved by the relevant
governmental authorities. GWMA shall have no liability to the
Watershed Permittees or any of them for the negligent or intentional
acts or omissions of GWMA's Consultants. The Watershed Permittees'
sole recourse for any negligent or intentional act or omission of the
GWMA's Consultant shall be against the Consultant and its insurance.
Section 13. Wit drawl:Termination.
a) A Watershed Permittee may withdraw from this MOU for any reason,
or no reason,by giving the other Watershed Permittees thirty(30)
days written notice thereof. The effective withdrawal date shall be
the thirtieth (30th) day after GWMA receives the withdrawing
Watershed Permittee's notice to withdraw from the MOU. The
withdrawing Watershed Permittee shall be responsible for its
Proportional Costs and proportional MOU Costs,which the GWMA
incurred or to which it became bound through the effective date of
withdrawal. Such MOU Costs shall include the remaining fees of any
Consultant retained by the GWMA through the effective date of
withdrawal. Should any Watershed Permittee withdraw from the
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12664/0001/1556575-9 Final#2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
MOU,the remaining Watershed Permittees'Proportional Cost
allocation shall be adjusted in accordance with the Cost Share
Formula in Exhibit A. A withdrawing Watershed Permittee shall
remain liable for any loss, debt,liability otherwise incurred while
participating in this MOU. If,after paying any such loss, debt,liability,
its Proportional Costs and its proportional MOU Costs incurred
through the,effective date of withdrawal,a withdrawing Watershed
Permittee has any unspent deposit remaining in the possession of the
GWMA,GWMA shall promptly return such unspent deposit to the
withdrawing Watershed Permittee.
b) The GWMA may,with a two-thirds (2/3) vote of the full Policy Board,
terminate this MOU upon not less than thirty(30) days notice,
effective on May 1 or December 1 of each year.
Section 14. Miscellaneous.
a) Notices. All Notices which any Party is required or desires to give
hereunder shall be in writing and shall be deemed given when
delivered personally or three (3) days after mailing by registered or
certified mail (return receipt requested)to the following address or as
such other addresses as the Parties may from time to time designate
by written notice in the aforesaid manner:
To GWMA: Ms.Grace Kast
GWMA Executive Officer
c/o Gateway Cities Council of
Governments
16401 Paramount Boulevard
Paramount,CA 90723
To the Watershed: Mr.Doug Willmore
Permittees: City Manager
6330 Pine Avenue
Bell,CA 90201
Mr. Phillip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens,CA 90201
Mr.Jorge Rifa.
City Administrator
2535 Commerce Way
Commerce,CA 90040
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Mr.Hector Rodriquez
City Manager
5220 Santa Ana Street
Cudahy, CA 90201
Mr.Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park,CA 90255
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood,CA 90270
Mr.Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon,CA 90058
Mr.Gary Hildebrand
Los Angeles County Flood Control District
900 South Fremont Avenue
Alhambra,CA 91803
b) Separate Accounting and Auditing. The GWMA will establish a
separate account to track revenues and expenses incurred by the
GWMA on behalf of the Watershed Permittees. Any LAR UR 2
Watershed Permittee may upon five (5) days written notice inspect
the books and records of the GWMA to verify the cost of the services
provided and billed by GWMA. GWMA shall prepare and provide to
the Watershed Permittees annual financial statements and audits,
after review and approval by the LAR UR 2 Sub Watershed
Committee.
c) Amendment. The terms and provisions of this MOU may not be
amended,modified or waived, except by a written instrument signed
by all Parties and approved by all Parties as substantially similar to
this MOU.
d) Waiver. Waiver by either the GWMA or a Watershed Permittee of any
term,condition, or covenant of this MOU shall not constitute a waiver
of any other term,condition, or covenant. Waiver,by the GWMA or a
Watershed Permittee,to any breach of the provisions of this MOU
shall not constitute a waiver of any other provision or a waiver of any
subsequent breach of any provision of this MOU.
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e) Law to Govern: Venue. This MOU shall be interpreted,construed, and
governed according to the laws of the State of California. In the event
of litigation between the Parties,venue shall lie exclusively in the
County of Los Angeles.
f) NQ Presumption in Drafting. The Parties to this MOU agree that the
general rule that an MOU is to be interpreted against the Parties
drafting it, or causing it to be prepared,shall not apply.
g) Severability. If any term,provision,condition or covenant of this MOU
is declared or determined by any court of competent jurisdiction to be
invalid,void,or unenforceable,the remaining provisions of this MOU
shall not be affected thereby and this MOU shall be read and
construed without the invalid,void, or unenforceable provisions(s).
h) Entire reem n . This MOU constitutes the entire agreement of the
Parties with respect to the subject matter hereof and supersedes all
prior or contemporaneous agreements,whether written or oral,with
respect thereto.
i) Counterparts. This MOU may be executed in any number of
counterparts, each of which shall be an original,but all of which taken
together shall constitute but one and the same instrument,provided,
however,that such counterparts shall have been delivered to all
Parties to this MOU.
j) Legal Representation. All Parties have been represented by counsel in
the preparation and negotiation of this MOU. Accordingly,this MOU
shall be construed according to its fair language.
k) Age AgencY Authorization. Each of the persons signing below on behalf of
the Parties represents and warrants that he or she is authorized to
sign this MOU on their respective behalf.
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf, respectively,as follows:
DATE: cS Z3fr3 LOS ANGELES GATEWAY REGION
INTEGRATED REGIONAL WATER
MANAGEMENT JOINT POWERS
AOTHORIT
Ch�•ist her S. Cash —
GWMA Chair
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12664/0001/1556575-9 Final for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be executed on
their behalf, respectively,as follows:
DATE: ._ CITY OF BELL
Mr. Doug Willmore
City Manager
6330 Pine Avenue
Bell, CA 90201
5
Doug W0more, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk i Att ncV
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12664/0001/1556575-9 Final#2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf,respectively,as follows:
DATE: t CITY OF BELL GARDENS
Mr.Philip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens,CA 90201
F
k
Phili Wage ,City age
ATTEST: APPROVED AS TO FORM:
4v\ trj .
City Clerk City Attorney
11
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
DATE: CITY OF COMMERCE
Mr.Jorge Rifa
City Administrator
2535 Commerce Way
Commerce,CA 90040
Jorge Rifa,C Administrator
ATTEST: APPROVED AS TO FORM:
Linda Kay Olivieri ,MMC Eduardo 011vo
City Clerk City Attorney
12
IN WITNESS WHEREOF, the Parties hereto have caused this MOU to be
executed on their behalf, respectively,as follows:
DATE., CITY OF CUDAHY
Mr. Hector Rodriguez
City Manager
5220 Santa Ana Street
Cudahy,C 2
H 6ebr' RA rigue2,City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk Attorney
._.
14
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf,respectively,as follows:
DATE: June 12, 2013 CITY OFHUNTINGTON PARK
Mr. Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Parr,CA 90255
Rene Bobadilla, City Manager
,APPROVED AS TO FORM:
wl o,
Rocio Martinez
Acting City Clerk City Attorney - Y
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12664/0001/1556575-9 Final#2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf,respectively,as follows:
DATE: S-Qn I3 CITY OF MAYWOOD
Ms.Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood,CA 90270
L"ye4 City Manager
ATTEST: APPROVED AS TO FORM:
NL4X- r r
P24 L
ity Clerk City Attorney
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12664/0001/1SS6575-9 Final#2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf,respectively,as follows:
DATE; 41CITY OF VERNON
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon,CA 90058
— —14), L �A
Mark W itworth,City Administrator
ATTEST. APPROVED AS TO FORM:
Dana Reed Scott E, Porter
Interim City Clerk Deputy City Attorney
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12664/0001/1556575-9 Final#2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
IN WITNESS WHEREOF,the Parties hereto have caused this MOU to be
executed on their behalf, respectively, as follows:
LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
By -.- � zz��— // r I (o
Chief Engineer Date
APPROVED AS TO FORM:
John F. Krattli
County Counsel
gy -F J1 7-0 ts
Associate Date
17
12664/0001/1556575-9 Final#2 for LAR UR 2 Sub Watershed Distribution slate for Execution May 23,2013
EXIIIBIT A
The Watershed Permittees and the District agree to pay for the cost of
preparation of a WMP and CIMP. The District will pay ten percent(10%) of the cost
of the WMP and CIMP. Each Watershed Permittee shall pay an equal one seventh
(1/71h) share of forty-five percent(45%) of the cost of the WMP and CIMP and each
Watershed Permittee shall pay its pro-rata share of forty-five percent (45%) of the
cost of the WMP and CIMP at the cost sharing allocation percentage provided in
Table 1.
TABLE 1
COST SHARING ALLOCATION
FOR FORTY-FIVE PERCENT OF WMP COST
Watershed Land Area Cost Allocation
Permittee miz Percentage
Bell 2.64 11.90
Bell Gardens 2.49 11.22
Commerce 6.57 29.61
LCudahy 1.12 5.05
Huntington Park 3.03 13.65
LVe
ood 1.18 5.32
rnon 5.16 23.25
1
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EX IIBIT B
PROFESSIONAL: SERVICES AGREEMENT
This Professional Services Agreement("Agreement")is dated and effective [MONTH]
[DAY], [YEAR], and is between the Los Angeles Gateway Region Integrated Regional
Water Management Authority also referred to as the Gateway Water Management
Authority("GWMA") and [CONSULTANT'S LEGAL NAME],a'[CALIFORNIA
CORPORATION/CALIFORNIA LIMITED LIABILITY COMPANY/CALIFORNIA
LIMITED PARTNERSHIP/SOLE PROPRIETORSHIP, ETC.] ("Consultant").
RECITALS
A. GWMA has entered into a Memorandum of Understanding between the Los
Angeles Gateway Region Integrated Reional Water Management Joint Powers
Authority and the Cities of Bell, Bell Gardens, Cudahy, Commerce, Huntington
Park, Maywood, Vernon and Los Angeles County Flood Control District for
Administration and Cost Sharing to Prepare a Watershed Management Program
("WMP") and Coordinated Integrated Management Program ("C1MP" as
Required by the Regional Water Quality Control Board, Los Angeles Region,
National Pollutant Discharge Elimination System Municipal Separate Storm
Sewer System Permit Order No. R4-2012-0175 Municipal Separate Storm Sewer
System("MS4 Permit")("MOU").
B. The Cities of Bell, Bell Gardens; Cudahy, Commerce; Huntington Park,
Maywood, Vernon 'and Los Angeles County Flood Control District (the
"Watershed Permittees") manage and drain stormwater into at least a portion of
the LAR Upper Reach 2 Sub Wastershed("LAR UR 2 Sub Watershed").
C. The MS4 Permit allows Permittees to prepare; adopt and implement a WMP and
CDvIP (collectively, "Plans") in compliance with certain elements of the MS4
Permit.
D. The Watershed Permittees have elected to prepare and adopt the Plans in
compliance with certain elements of the MS4 Permit.
E. Pursuant to the MOU, GWMA provides administrative coordination services to
the Watershed Permittees in the preparation of the Plans and any additional
services agreed to by the Watershed Permittees and approved by GWMA.
F. The Watershed Permittees have created the LAR UR 2 Sub, Watershed
Committee, consisting of at least one representative from each of the Watershed
Permittees,to assist GWMA in coordinating the prepartion of the Plans.
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G. The Watershed Penmittees have authorized GWMA to hire and serve as a conduit
for paying consultants, approved by the Watershed Permittees, to prepare the
Plans and any other plans and/or projects that the Watershed Permittees determine
are necessary.
The parties agree as follows:
SCOPE OF SERVICES
1. Consultant shall provide the services (the"Services")described in Exhibit A.
2. Project Name:
Project Description:
TIME FOR PERFORMANCE
3. The term of this Agreement shall commence on the effective date of this
Agreement and expire on [MONTH] [DAY], [YEAR], unless earlier terminated
in accordance with the terms of this Agreement or extended by the GWMA
Governing Board.
STANDARD OF PERFORMANCE
4. Consultant's Services shall be performed in accordance with generally accepted
professional practices and principles and in a manner consistent with the level of
care and skill ordinarily exercised by members of Consultant's profession
currently practicing under similar conditions. By delivery of completed work,
Consultant certifies that the work conforms to the requirements of this
Agreement, all applicable federal, state and local laws and regulations and
applicable elements of the MS4 Permit. Consultant shall maintain throughout the
tern of this Agreement all licenses, certifications, registrations or other similar
requirements necessary for Consultant's performance of the Services under this
Agreement.
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OWNERSHIP OF WORK PRODUCT
5. Upon delivery, the work product, including, without limitation, all original
reports, writings, recordings; drawings, files, and detailed calculations developed
under this Agreement (collectively `work product") are GWMA's property. All
copyrights that arise from work product shall vest in GWMA. Consultant waives
and relinquishes all claims to copyright or other intellectual property rights in the
work product in favor of GWMA. GWMA's use of the work product is limited to
the purposes contemplated by the Services and Consultant makes no
representation of the-suitability of the work product for use in or application to
circumstances not contemplated by this Agreement. Any alteration or reuse by
GWMA of the work product on any project other than the Services provided
pursuant to this Agreement shall be at GWMA's sole risk, unless GWMA
compensates Consultant for such alteration or reuse.
COMPENSATION AND METHOD OF PAYMENT
6. GWMA shall pay Consultant,for the Services performed(please select one):
a. On a time and materials basis at the following rates and up to the not-to-
exceed amount of
dollars ($
b. A flat amount of: dollars
Consultant shall perform the Services for the amount(s) listed above. GWMA
shall not withhold federal payroll, state payroll and other taxes, or other similar
deductions from each payment made to Consultant. Consultant shall pay all
applicable federal, state, and local excise, sales, consumer use, and other similar
taxes required by law. GWMA shall not allow any claims for additional services
performed by Consultant,unless the Project Manager or GWMA Chair authorizes
the additional services in writing prior to Consultant's performance of the
additional services or the incurrence of additional expenses. Any additional
services authorized by the Project Manager or GWMA .Chair shall be
compensated at the hourly rates set forth above, or, if not specif ed, at a rate
mutually agreed to by the parties.
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Consultant shall submit to GWMA a proposed annual budget for the Services to
be performed during each calendar year of the term of this Agreement. The
proposed annual budgets shall identify the proposed total annual budget amount
and the proposed budget amounts for the periods of Janauary 1"through June 30th
and July 1" through December 31". Consultant shall submit a proposed annual
budget to GWMA on or before the 15th of April for the Services,to be performed
during the subsequent calendar year. GWMA will submit Consultant's annual
budgets to the LAR UR 2 Sub Watershed Committee no later than May I of each
year for the Committee's approval and adoption.
Consultant shall submit invoices to GWMA on a monthly basis for actual work
performed and actual expenses incurred during the preceding month. The
invoices shall describe in detail the Ser-ices performed by each person for each
task, including the days and hours worked.
Prior to releasing payment to Consultant, GWNIA shall submit Consultant's
invoices to the LAR UR 2 Sub Watershed Committee for final payment approval.
The LAR UR 2 Sub Watershed Committee's decides whether to pay an invoice
submitted by Consultant and informs GWMA of its decision. If the LAR UR 2
Sub Watershed Committee approve GWMA payment of an invoice, GWMA shall
make payment to Consultant payable to: [payment address].
GWMA's payment obligations pursuant to this Agreement are payable solely
from funds appropriated to GWMA by the Watershed Permittees to fulIfil the
purpose of this Agreement. GWMA and Consultant expressly agree that full
funding for this Agreement over the term of this Agreement is contingent on
GWMA's receipt of payment from each Watershed Permittee of its proportional
costs of the Services. In the event of a Watershed Permittee's failure to pay its
proportional costs of the Services to GWMA, GWMA may either reduce funding
for this Agreement at a level that is proportionate to the reduction in GWMA's
receipt of funds from the Watershed Permittees or suspend all or a portion of the
Services being performed by Consultant.
INDEPENDENT CONTRACTOR
7. Consultant is an independent contractor. Neither Consultant nor any of
Consultant's officers, employees, agents or subconsultants, if any, shall be an
employee of GWMA or its members by virtue of this Agreement or performance
of the Services under this Agreement.
CONFLICT OF INTEREST
8. Consultant and its officers, employees, associates and sub consultants, if any,
shall comply with all applicable conflict of interest statutes of the State of
California applicable to Consultant's Services under this Agreement, including,
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the Political Reform Act(Cal. Gov. Code § 81000, et seq.) and Government Code
Section 1090.
INDEMNIFICATION
9. Indemnities. Consultant shall indemnify, defend and hold harmless GWMA, and
its officials, officers, attorneys, agents; employees, designated volunteers,
successors and assigns, and the Watershed Permittees, and each Watershed
Permittee's officers, employees and agents, in accordance with the terms of this
Section 9. Consultant's covenant under this Section 9 shall survive the expiration
or termination of this Agreement.
a. To the fullest extent permitted by law, Consultant hereby agrees, at its sole
cost and expense, to protect, defend, hold harmless and indemnify GWMA,
and its officials, officers, attorneys, agents, employees, designated volunteers,
successors, assigns and those GWMA agents serving as independent
contractors in the role of GWMA officials, and the Watershed Permittees, and
each Watershed Permittee's officers, employees and agents (collectively
"Indemnitees") from and against any and all damages, costs, expenses,
liabilities, suits, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever, including
legal costs, fees of accountants, attorneys, or other professionals and all costs
associated therewith and the payment of all consequential damages
(collectively "Claims"), in law or equity, whether actual, alleged or
threatened, for injury to or death of person(s), for damage to property
(including property owned by GWMA or any Watershed Permittee), which
result from, arise out of,pertain to, or relate to the negligent or intentional acts
or omissions committed by Consultant, its officers, agents, representatives,
servants, employees, subconsultants, suppliers or ;their officers, agents,
servants, employees, subconsultants, contractors (or any entity or individual
that Consultant shall bear- the legal liability thereof) in Consultant's
performance of this Agreement, including the Indemnitees' active or passive
negligence, except for Claims arising from the sole negligence or willful
misconduct of Indemnitees, as determined by final arbitration or court
decision or by the agreement of the parties. Consultant shall defend
Indemnitees in any action or actions filed in connection with any Claim with
counsel of Indemnitees' choice, and shall pay all costs and expenses,
including all attorneys' fees and experts' costs actually incurred in connection
with such defense. Consultant shall reimburse Indemnitees for any and all
legal expenses and costs incurred by Indemnitees in connection therewith.
b. The indemnity under this Section 9 is effective regardless of any prior,
concurrent, or subsequent misconduct, negligent acts, errors or omissions of
the Indemnitees and without reference to the existence or applicability of any
insurance coverages that are required under this Agreement or any additional
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insured endorsements that may extend to the Indemnitees. The indemnity
under this Section 9 is in addition to any other rights or remedies that the
Indemnitees may have under the law. Payment is not required as a condition
precedent to the Indemnitees' right to recover under this Section 9,. and an
entry of judgment against Consultant shall be conclusive in favor of the
Indemnitees' right to recover under this Section 9. Consutltant shall pay
Indemnitees for any attorneys fees and costs incurred in, enforcing these
indemnification provisions.
INSURANCE
10.Insurance Requirements.
a. Consultant shall at all times during the term of this Agreement carry,
maintain, and keep in full force and effect, the following policies of insurance
with minimum limits as indicated below and issued by insurers with A.M.
Best ratings of no less than A:VII:
1. Comprehensive commercial general liability insurance with minimum
limits of One Million Dollars ($1,000,000) per incident or accident for
bodily injury, death and property damage;
2. Automobile liability insurance for any owned, non-owned or hired vehicle
used in connection with the performance of the Services under this
Agreement I with minimum combined single limits coverage of One
Million Dollars ($1,000,000);and
3. Workers' compensation insurance as required by the State of California.
b. The insurance required by this Section 10 shall apply on a primary non-
contributing basis. Any insurance or self-insurance maintained by GWMA,
GWMA's member agencies, the Watershed Permittees and their respective
officers, employees, agents; subcontractors or volunteers, shall be in excess of
Consultant's insurance and shall not contribute with it.
c. The automobile and comprehensive general liability insurance policies shall
contain an endorsement naming GWMA, the Watershed Permittees and their
officers, employees, officials and agents, as additional insureds. All insurance
policies shall contain an endorsement providing that the policies cannot be
canceled or reduced except on thirty (30) days' prior written notice to
GWMA. All insurance policies shall be endorsed to delete the subrogation
condition as to GWMA and each Watershed Permittee, or shall explicitly
allow Consultant to waive Consultant's right of recovery prior to loss.
Consultant waives all rights of subrogation and contribution against GWMA
and each Watershed Permittee. Consultant shall require its insurer to modify
the certificates of insurance to delete any exculpatory wording stating that
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failure of the insurer to mail written notice of cancellation imposes no
obligation, and to delete the word "endeavor" with regard to any notice
provisions.
d. Consultant shall require all subconsultants or other third parties hired to
perform services under this Agreement, to carry, maintain, and keep in full
force and effect, insurance policies that meet the requirements of this Section
10, unless otherwise agreed to by GWMA. The procurement of insurance by
any subconsultant or other third party hired to perform services under this
Agreement shall not relieve Consultant from any duties or liability otherwise
arising under this Section 10.
e. Prior to performance of the Services under this Agreement, Consultant shall
file a certificate or certificates of insurance, together with the required
endorsements, with GWMA showing that the insurance,policies are in effect
in the required amounts.
TERMINATION
11. Supension and Termination by the Parties.
a. Suspension by GWMA. The Project Manager may suspend this Agreement or
any portion of this Agreement or the Services required under this Agreement
in accordance with Section 6 of this Agreement upon written notice to
Consultant. Upon receipt of a-notice of suspension, Consultant shall perform
no further services except as specified in the notice. GWMA shall pay
Consultant for services satisfactorily performed in accordance with this
Agreement to the date of suspension, subject to the limitation on GWMA's
payment obligations set forth in Section 6 of this Agreement: GWMA shall
reimburse Consultant for authorized expenses incurred to the date of
suspension and not previously reimbursed, subject to the limitation on
GWMA's payment obligations set forth in Section 6 of this Agreement.
b. Termination by GWMA. The GWMA Governing Board may terminate this
Agreement or any portion of this Agreement or the Services required under
this Agreement for any reason on ten (10) calendar days' written notice to
Consultant. Upon receipt of a notice of termination, Consultant shall perform
no further services except as specified in the notice. Before the date of
termination, Consultant shall deliver to GWMA all work product, whether
complete or incomplete, prepared or compiled through the date of termination
and not otherwise previously delivered to GWMA. GWMA shall pay
Consultant for services satisfactorily performed in accordance with this
Agreement to the date of termination, subject to the limitation on GWMA's
payment obligations set forth in Section 6 of this Agreement. GWMA shall
reimburse Consultant for authorized expenses incurred to the date of
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termination and not previously reimbursed, subject to the limitation on
GWMA's payment obligations set forth in Section 6 of this Agreement.
Consultant shall not have any other claim against GWMA by reason of such
termination.
c. Termination by Consultant. Consultant may terminate this Agreement on
thirty (30) calendar days' written notice to GWMA only in the event of a
material default by GWMA, which default GWMA has not been cured within
thirty (30) days following receipt by GWMA of written notice from
Consultant specifying the basis of the alleged default.
ADMINISTRATION
12. GWMA's representative for administration of this Agreement is the Executive
Officer of GWMA, or such other person designated in writing by the GWMA
Governing Board ("Project Manager"). Consultant's representative for
administration of this Agreement is [NAME,] ("Consultant's representative"),
unless notified in writing by Consultant that additional representatives, are
authorized.
NOTICES
13.Any routine administrative communication between the Project Manager and the
Consultant's representative required to be in writing may be made by personal
delivery, first class U.S. mail, facsimile transmission or electronic mail. Any
other notices, invoices or reports required by this Agreement shall be given by
first class U.S. mail or by personal service. Notices shall be deemed received on
(a) the day of delivery if delivered by hand or overnight courier service during
Consultant's and GWMA's regular business hours or by facsimile before or
during Consultant's regular business hours; or (b) on the third business day
following deposit in the United States mail, postage prepaid, to the addresses
below, or to such other addresses as the parties may, from time to time, designate
in writing pursuant to the provisions of this Section 13. All notices shall be
delivered to the parties at the following addresses:
If to GWMA: Gateway Water Management Authority
Attn:
Email:
Facsimile:
If to Consultant:
Attn:
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Email:
Facsimile:
WAIVER
14.No delay or omission to exercise any right, power or remedy accruing to GWMA
under this Agreement shall impair any right, power, or remedy of GWMA, nor
shall it be construed as a waiver-of, or consent to any breach or default. No
waiver of any breach, any failure of a condition, or any right or remedy under this
Agreement (1) shall be effective unless it is in writing and signed by the party
making the waiver; (2) shall be deemed to be a waiver of, or consent,to any other
breach, failure of a condition, or right or remedy, or (3) shall be deemed to
constitute a continuing waiver unless the writing expressly so states.
ATTORNEY'S FEES
15. In the event that either party to this Agreement shall commence any legal action
or proceeding to enforce or interpret the provisions of this Agreement, the
prevailing party in such action or proceeding shall be entitled to recover its costs
of suit, including reasonable attorney's fees.
EXFIIBITS
16.Exhibit A constitutes a part of this Agreement and is incorporated into this
Agreement by this reference. If any inconsistency exists or arises between a
provision of this Agreement and a provision of Exhibit A, the provisions of this
Agreement shall control.
ENTIRE AGREEMENT
17. This Agreement and Exhibit A constitutes the final, complete and exclusive
statement of the terns of the agreement between the parties pertaining to the
subject matter of this Agreement and supersedes all other prior or
contemporaneous oral or written understandings and agreements of the parties.
MODIFICATION
18. This Agreement may be supplemented, amended or modified only by a writing
signed by Consultant and the Project Manager or GWMA Chair.
[SIGNATURE PAGE FOLLOWS]
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12664/0001/1556575-9 Final#2 for LAR UR 2 Sub Watershed Distribution Date for Execution May 23,2013
The parties are signing this Agreement on the effective date.
GWMA Consultant
Los Angeles Gateway Region Integrated [COMPANY NAME],
Regional Water Management Authority a[LEGAL ENTITY STATUS]
By: By:
Name: Name:
Title: Title:
ATTEST: By:
Name:
Title:
By:
Name: (Please note: Two signatures required for
Title' corporations pursuant to California Corporations
APPROVED AS TO FORM: Code Section 313.)
By:
Name:
Title:
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EXHIBIT C
The District agrees to pay their proportional share of costs of preparing the Plans
and other related costs to be incurred by the GWMA in accordance with the Cost Sharing
Allocation Formula reflected in Exhibit A, for an amount not-to-exceed $100,000.
Page 29
EXHIBIT B
DRAFT 05/22/2013
June 28, 2013
Ms. Renee Purdy
California Regional Water Quality Control Board
Los Angeles Region, Suite 200
320 W. Fourth St., Suite 200
Los Angeles, CA'90013
RE: Notice of Intent for a Watershed Management Program and Coordinated
Integrated Monitoring Program for the Lower Los Angeles River Upper Reach 2
Gateway Watershed sub-region.
Dear Ms. Purdy:
The Permittees listed in Table 1 below that are party to this Notice of Intent (NOI) hereby
notify the Los Angeles Regional Water Quality Control Board (Regional Water Board) of
their intent to develop a Watershed Management Program (WMP) for the Lower Los
Angeles River Upper Reach 2 Watershed sub-region which includes the Cities of
Commerce, Vernon, Huntington Park, Maywood, Cudahy, Bell, and Bell Gardens. This
NOI is being submitted in accordance with Part VI.C.41.1 of Order R4-2012-0175.
Permittees meet the LID and Green Street conditions and will submit the Draft WMP
within 18 months-of the effective date of Order R4-2012-0175 (June 28, 2014).
In addition, the same permittees listed in Table 1 hereby notify the Regional Water Board
of their intent to develop a Coordinated Integrated Monitoring Program (CIMP) as part of
their WMP. The Permittees intend to follow a CIMP approach for each of the required
monitoring plan elements including Receiving Water Monitoring, Storm Water Outfall
Based Monitoring, Non-Storm Water Outfall Based Monitoring, New Development/Re-
Development Effectiveness Tracking, and Regional Studies and will submit the CIMP
within 18 months.of the effective date of Order R4=2012-0175 (June 28, 2014) with the
WMP.
NOI for WMP &CIMP
Lower LAR Upper Reach 2
June 28, 2013
Page 2
SECTION 1. PROGRAM TYPE AND PERMITTEES
Table 1 lists the permittees who have agreed to work cooperatively and jointly develop a
WMP and CIMP under a Memorandum of Understanding (MOU) with the Los Angeles
Gateway Region Integrated Regional Water Management Joint Powers Authority for
administration and cost sharing.
ManagementProgram Permittees
,
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SECTION 2. TOTAL MAXIMUM DAILY LOADS ESTABLISHED WATER QUALITY
BASED EFFLUENT LIMITATIONS:
Table 2 lists applicable interim and final trash Water Quality Based Effluent Limitations
(WQBELs) and all other final WQBELs and receiving water limitations established by
Total Maximum Daily Loads (TMDLs) and identified by Section VI.C.4.B.ii of the Order.
ReceivingTable 2. Applicable Interim and Final Trash VVQBELs and all other Final WQBELs and
VVater LimitationsOccurring Before VVatershed Management Program
Approval
A
el
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ta
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:e`.�� v,i '�!� -f:v?�.'.�. "t:; .cs.r �z?�`�i*- -nn..,�,�Y.";' '.:'v::il'' �. ';, y.) •?�,�...�",,.:'.
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NOI for WMP & CIMP
Lower LAR Upper Reach 2
June 28, 2013
Page 3
SECTION 3. IDENTIFY TMDL CONTROL MEASURES:
Table 3 identifies the control measures being implemented by each Permittee for each
TMDL that have interim and final WQBELs that occur prior to the anticipated approval of
the WMP. The Permittees will continue to implement these measures during the
development of the WMP.
Table 3. Control Measures that will be Implemented Concurrently with WMP
Development
Los ' -Fuatu : 0A e Install Cmpli° d
Trash Bell,'; Systems„or-other BMPs to
t4-20 i2-D175 BeI1 Gardens reduce: l li^e "y S :�b':
l t 'ta aptu red ,
la'dahy Systerris or other Ps to. Completed
�y.,.
... ...
I ngtvn Park reduce baseline by:90°/0
;hod
Iri "I a ture
S` t kler:BMPs to
redU
,�,,. :^ :- - --.•ii'm� +"':ram- - .+.- ...'
•i rr.�` N�a U
S'
i-
rrY s
8 - �
M
- - x:s�;.-�., _ �:'�Y' •• gar :�
SECTION 4. DEMONSTRATION OF MEETING LID ORDINANCE AND GREEN
STREET POLICY REQUIREMENTS:
The Permittees that are party to this NOI have LID ordinances and Green Streets
policies in place or in development.Table 4 summarizes the status of the Permittees' LID
ordinances and Table 5 summarizes the status of the Permittees' Green Streets policies.
More than 50% of the MS4 watershed area that will be addressed by the WMP is
covered by LID ordinances and Green Streets policies.
Table 4. Status of LID Ordinance Coverage of the MS4 Watershed Area Addressed by
the WMP
.>ri` ' - - m pqF.,: �,R,..- ter ,. s• -
:�'-,r���,,- " ,.�^, - .-^ ,�_, �-• o ® � WSJ C ��r
f® �n ii xb, fi• ..e. d�.� fir. - � P. "�-�i i. i7' xG ^� - � @ :.�:1�.� f���ir!t
s..
/ i.�. -S...r a � "' `fir. :. 6 � � � s - •
.q 9 a r;,�'�� �....}F,.-,:...b � _ aid:' ,'�g.;�i�; ,�:'^�.. -•':';.
^n 'n � Q ,• :�,'� r .� : �'; max.. �
B ■ JJ
Table 5. Status of Green Street Policy Coverage of the MS4 Watershed Area
Addressed by the WMP
a � ^ • a s s e
WN
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_.'�.1'•'I. �.T.' �:`h -fy:�✓�.. - �xE3:}} .�?'� -•� /, Y:^'�:-.'F":fi.�-
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e Q: � ti:�_;e-sb:��f.:�.r-� o ,=� ;��... ,p °rS..® .��ly°a- •'��:a. �''�.'.`�•�.�'.'��.". ^R� � �
• r Q • 5
NOI for WMP &CIMP
Lower LAIR Upper Reach 2
June 28, 2013
Page 5
Status Qescdpttons:
In Place Perrnittee-has adopted a Green Streets Policy forrits,porti,L7,q 6f tf a MS4 in the watershed.
In peueio{irr t: Perrriittee nitiatad deySp r►ienf of a GreeYtrea � j+poi`its portion of the MS4 in
the wetersh ah-in days of the effe fiv�date of Order%4��b'f�" tl'F S antl w I h� ve a doi t policy
within 6 r6oi the of thi a 66t!Ve date of the ❑rder.
praft.Policy:-Permittee 4ias completed the development of a draft Green Streets Policy for its portion of
the MS4 watershed.
The listed permittees are diligently working together and making progress towards
compliance with Order R4-2012-0175. Please contact the individual permittees should
you have questions pertaining to their jurisdiction's compliance measures. A list of
contact information is enclosed. Thank you.
Sincerely,
11/17/14
FIRST AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL
WATER MANAGEMENT JOINT POWERS AUTHORITYAND
THE CITIES OF BELL, BELL GARDENS, COMMERCE, CUDAHY, HUNTINGTON PARK,
MAYWOOD,VERNON,AND THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT
FOR
ADMINISTRATION AND COST SHARING TO PREPARE AND IMPLEMENT A WATERSHED
MANAGEMENT PROGRAM ("WMP") and COORDINATED INTEGRATED MONITORING
PROGRAM ("CIMP") AS REQUIRED BY THE REGIONAL WATER QUALITY CONTROL BOARD,
LOS ANGELES REGION, NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT ORDER NO. R4-2012-0175
MUNICIPAL SEPARATE STORM SEWER SYSTEM ("MS4 PERMIT")
This FIRST AMENDMENT to the memorandum of understanding ("MOU") is made
and entered into as of the date of the last signature set forth below, by and between the Los
Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority
("GWMA"), a California Joint Powers Authority, and the Cities of Bell, Bell Gardens,
Commerce, Cudahy, Huntington Park, Maywood,Vernon ("Cities"),and the Los Angeles
County Flood Control District ("LACFCD"):
1. Recitals. This FIRST AMENDMENTis made with the respect to the following
facts and purposes:
A. For the purposes of this First Amendment, the term "Watershed Permittees"
shall mean the Cities of Bell, Bell Gardens, Commerce, Cudahy, Huntington Park, Maywood,
Vernon, and the Los Angeles County Flood Control District; and
B. The Watershed Permittees and GWMA are collectively referred to as the
"PARTIES"; and
C. On August 19, 2013, the PARTIES entered into aMemorandum of
Understanding between the Los Angeles Gateway Region Integrated Regional Water
Management Joint Powers Authority and the Cities of Bell, Bell Gardens, Commerce,
Cudahy, Huntington Park, Maywood,Vernon, and the Los Angeles County Flood Control
District for Administration and Cost Sharing to Prepare a Watershed Management Program
("WMP") and Coordinated Integrated Monitoring Program ("CIMP", collectively the "Plans"
as required by the Regional Water Quality Control Board, Los Angeles Region, National
Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit,
Order No. R4-2012-0175 Municipal Separate Storm Sewer System ("MOU"); and
D. TheWatershed Permittees prepared and submitted the Plans to the Regional
Board in compliance with certain elements of the MS4 Permit; and
E. The PARTIES now desire to amend the MOU to: (1) add implementation of
the Plans to the scope and purpose of the MOU; and (2) provide a separate cost-
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shareformula for the implementation of the Plans, subject to annual budget approval, in
accordance with each PARTY'S cost share allocations set forth in Exhibit"Al" ("Cost Share
Formula for Preparation of the Plans") and Exhibit"A2" ("Cost Share Formula for
Implementation of the Plans") which is attached hereto and made a part hereof; and
F. The Parties have determined that authorizing GWMA to hire a consultant to
implement the Plans will be beneficial to the Parties; and
G. The Parties desire to collaboratively prepare a final Scope of Work and
Request for Proposals to obtain a consultant to assist the Parties with implementation
required by the Plans.
The PARTIES agree that the following provisions of the MOU shall be amended as follows:
2. Section 1 of the MOU entitled "Recitals" is hereby amended by adding thereto
Recitals A-G of Section 1 of this First Amendment,which is set forth in Section 1 of this First
Amendment and incorporated herein as though set forth in full.
3. Section 2 of the MOU entitled "Purpose" is hereby amended to read as follows:
"Section 2. Purpose. The purpose of this MOU is to cooperatively support
and undertake preparation of the Plans and any additional services, including but not
limited to implementation of the WMP and the CIMP, except for design and construction of
regional BMP projects as agreed to by the Watershed Permittees working cooperatively as
the Los Angeles River Upper Reach 2 ("LAR UR 2") Sub Watershed Committee and as
approved by the GWMA. For the purposes of this MOU,the term "regional BMP projects"
does not include individual cities'low impact development ("LID") projects, including LID
streets or Green Streets projects."
4. Section 3 of the MOU entitled "Cooperation" is hereby amended to read as follows:
"Section 3. Cooperation. The Parties shall fully cooperate with one another to
achieve the purposes of this MOU. The Watershed Permittees shall prepare a final Scope of
Work and Request for Proposals to seek and hire a consultant to assist the Parties with
implementation of the Plans, and GWMA shall assist with soliciting proposals from
consultants toimplement the Plans and shall administer said consultants' contracts."
5. Section 6 of the MOU entitled "Term" is hereby amended to read as follows:
"Section 6. Term. This MOU shall remain and continue in effect until December
31, 2019, unless sooner terminated as provided herein."
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6. Section 8 of the MOU entitled "Role of the GWMA" is hereby amended in its entirety
to read as follows:
"Section 8. Responsibilities of the Parties.
a) Responsibilities of the GWMA. The GWMA agrees to: (i)solicit proposals for
preparation and implementation of the Plans; (ii) administer the selected
consultants' ("Consultants") contracts in accordance with the Scopes of Work
prepared by the Watershed Permittees; and (iii) serve as a conduit for paying
the Consultants, as approved and funded by the Watershed Permittees.
b) Responsibilities of the LAR UR 2 Sub Watershed Committee. The LAR UR 2
Sub Watershed Committee agrees to:
i. LACFCD Facilities/Mass Emissions Stations. Obtain any necessary
permits from LACFCD for access to and construction within LACFCD storm
drains, channels, catch basins,and similar properties ("Facilities"), provided
the LAR UR 2 Sub Watershed Committee and its Consultants provide written
notice 72 hours in advance of entry to LACFCD's Facilities.
ii. Supervise Consultants. Supervise the Consultants' preparation and
implementation of the Plans.
iii. Reports. Submit reports to the Regional Board as described in the
Plans and distribute copies of the reports to the Watershed Permittees prior
to submittal to the Regional Board for review and comment. The LAR UR 2
Sub Watershed Committee will provide the Watershed Permittees with an
electronic copy of the draft CIMP Annual Report and completed CIMP Annual
Report within seven (7) business days after receipt from the Consultants. In
addition,the LAR UR 2 Sub Watershed Committee will submit to the
Watershed Permittees the data used to prepare the reports. This data will be
transmitted electronically in a Microsoft Excel format that contains the table
structure and syntax agreed upon by the LAR UR 2 Sub Watershed
Committee.
c) Responsibilities of the Los Angeles County Flood Control District ("LACFCD").
LACFCD agrees to:
i. LACFCD Mass Emissions Station (MES) Monitoring. Provide available
monitoring data from the existing Los Angeles River MES, owned and
operated by the LACFCD. Data shall be limited to water column chemistry
and aquatic toxicity.
ii. Access to LACFCD Facilities/Mass Emissions Stations. To grant access
to the LAR UR 2 Sub Watershed Committee and its Consultants to LACFCD
Facilities, including LACFCD's Los Angeles River MES, to achieve the
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purposes of this MOU, provided the LAR UR 2 Sub Watershed Committee and
its CONSULTANT obtain a permit and provide written notice 72 hours in
advance of entry to LACFCD's Facilities.Access permits will be issued by the
LACFCD at no cost to the Parties and their Consultants. Permits for
construction or installation of structures in LACFCD right of way will incur
fees to cover the cost of review,inspection, etc. by LACFCD.
d) Responsibilities of the Watershed Permittees. The Watershed Permittees
agree to:
i. Documentation. To make a full-faith effort to cooperate with one
another to achieve the purposes of this MOU by providing all
requested information and documentation in their possession and
available for release to the Consultants that is deemed necessary by
the Parties to implement the Plans.
ii. Access. Each Watershed Permitee will allow reasonable access and
entry to the Parties and their Consultants, on an as needed basis
during the term of this MOU, to each Watershed Permittee's Facilities
to achieve the purposes of this MOU, provided, however, that prior to
entering any of the Watershed Permittee's Facilities,the Consultants
shall obtain a permit and provide written notice 72 hours in advance
of entry from the applicable Watershed Permittee.
iii. Permit. The Watershed Permittees will make a full-faith effort to
work with the Consultants to obtain all necessary permits for
installation of permanent infrastructure or modifications to
stormwater monitoring sites within each Watershed Permittee's
jurisdiction.
7. Section 9 of the MOU entitled "Financial Terms" is hereby amended to read as
follows:
"Section 9. Financial Terms.
a) Each Watershed Permittee shall pay its Proportional Costs as provided in
Exhibit"Al" ("Cost Share Formula for Preparation of the Plans")and Exhibit
"A2" ("Cost Share Formula for Implementationof the Plans") for
Consultantsand any other relatedexpenses to which the Parties may agree in
writing.
b) Each Watershed Permittee shall also pay its proportional share of GWMA's
staff time for retaining Consultants and invoicing the Watershed Permittees,
audit expenses and other overhead costs, including legal fees ("MOU Costs")
incurred by GWMA in the performance of its duties under this MOU. GWMA
shall add a percentagenot to exceed three percent (3%) to each invoice
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submitted to each Watershed Permitteeto cover each Watershed
Permittee'sshare of the MOU Costs. The MOU Costs percentage shall be set
each fiscal year by a vote of the GWMA Policy Board.
c) GWMA shall submit an invoice to each Watershed Permittee upon selection
of Consultants reflecting each Watershed Permittee's estimated Proportional
Costs of the Consultants' services through the Following June 30 or December
31, whichever date is earlier. Prior to releasing payment to Consultants,
GWMA shall submit a copy of the Consultants' invoices to the LAR UR 2 Sub
Watershed Committee for approval.The decision on whether to pay the
invoice shall be communicated to the GWMA by the Representative.
d) Upon receiving the first and each subsequent invoice, each Watershed
Permittee shall pay its Proportional Costs set forth in that invoice to the
GWMA within forty-five days (45) days of receipt.
e) By May 15th of each year,commencing May 15, 2013, the LAR UR 2 Sub
Watershed Committee shall submit to GWMA a recommended budget for the
Following year. GWMA shall consider the recommendation and adopt a
budget by June 30th inclusive of the LAR UR 2 Sub Watershed Committee's
recommendation.GWMA will send each Watershed Permitteeno later than
December 1 and May 1 of each year an invoice representing the Watershed
Permittee's Proportional Costs of the adopted budget. GWMA shall not
expend funds in excess of the budgeted amount without prior notification to
and approval by the LAR UR 2 Sub Watershed Committee.
f) A Watershed Permitteewill be delinquent if the requested payment is within
the budgeted amounts or the amounts authorized by the LAR UR 2 Sub
Watershed Committee and such payment is not received by the GWMA
within forty-five (4S) days after first being invoiced by the GWMA. The
GWMA will follow the procedure listed below, or such other procedure that
the LAR UR 2 Sub Watershed Committee directs to effectuate payment: 1)
verbally contact the official of the Watershed Permittee with copies to each
other Watershed Permittee to the person and at the address to which notices
should be addressed pursuant to Section 13 of the MOU, and 2) submit a
formal letter from the GWMA Executive Officer to the Watershed Permittee.
If payment is not received within sixty (60) days following the due date, the
GWMA may terminate the MOU unless the City Managers/Administrators of
the Watershed Permittees in good standing inform the GWMA in writing that
their respective Watershed Permittees agree to adjust their Proportional
Cost allocations in accordance with the Cost Share Formulas inExhibit"Al"
("Cost Share Formula for Preparation of the Plans") and Exhibit"A2" ("Cost
Share Formula for Implementation of the Plans"). The terminated Watershed
Permittee shall remain obligated to GWMA for its delinquent payments and
any other obligations incurred prior to the date of termination.
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g) GWMA shall suspend all work being performed by any Consultants retained
by GWMA if any Watershed Permitteehas not paid its invoice within forty
five (45) of receiptunless the City Managers/Administrators of the other
Watershed Permitteesinform the GWMA in writing that their respective
Watershed Permittees will pay the delinquent Watershed Permittee's costs
once the MOU with the delinquent Watershed Permittee has been
terminated.
h) Any delinquent payments by a Watershed Permittee shall accrue compound
interest at the then-current rate of interest in the Local Agency Investment
Fund, calculated from the first date of delinquency until the payment is made.
i) Funds remaining in the possession of the GWMA at the end of the term of this
MOU, or at the termination of this MOU,whichever occurs earlier, shall be
promptly returned to the then remaining Watershed Permitteesin
accordance with the Cost Share Formulas in in Exhibit"A1"("Cost Share
Formula for Preparation of the Plans") and Exhibit"A2"("Cost Share
Formula for Implementation of the Plans").
B. Paragraph a) of Section 13 of the MOU entitled "Withdrawal/Termination" is hereby
amended to read as follows:
"a) A Watershed Permittee may withdraw from this MOU for any reason, or no
reason, by giving the other Watershed Permittees thirty (30) days written notice thereof.
The effective withdrawal date shall be the thirtieth (30th) day after GWMA receives the
withdrawing Watershed Permittee's notice to withdraw from the MOU. The withdrawing
Watershed Permitteeshall be responsible for its Proportional Costs and proportional MOU
Costs,which the GWMA incurred or to which it became boundthrough the effective date of
withdrawal. Such MOU Costs shall include the remaining fees of any Consultant retained by
the GWMA through the effective date of withdrawal. Should any Watershed Permittee
withdraw from the MOU,the remaining Watershed Permittees' Proportional Cost
allocation shall be adjusted in accordance with the Cost Share Formulas in Exhibit"Al"
("Cost Share Formula for Preparation of the Plans") and Exhibit"A2" ("Cost Share Formula
for Implementation of the Plans")..A withdrawing Watershed Permittee shall remain liable
for any loss, debt, liability otherwise incurred while participating in this MOU. If,after
paying any such loss, debt, liability, its Proportional Costs and its proportional MOU Costs
incurred through the effective date of withdrawal, a withdrawing Watershed Permittee has
any unspent depositremaining in the possession of the GWMA, GWMA shall promptly
return such unspent deposit to the withdrawing Watershed Permittee."
9. Exhibit"Al" ("Cost Share Formula for Preparation of the Plans") to the MOU is
hereby amended to read as set forth in Exhibit"Al" to this First Amendment, which is
attached hereto and incorporated herein as though set forth in full.
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10. Exhibit"A2" ("Cost Share Formula for Implementation/Monitoring of the Plans")is
hereby added to the MOU to read as set forth in Exhibit"A2"to this First Amendment,
which is attached hereto and incorporated herein as though set forth in full.
11. The MOU is hereby amended by adding hereto Exhibit"B"of this First Amendment,
which is attached hereto and incorporated herein as though set forth in full.
12. Except for the changes specifically set forth herein, all other terms and conditions of
the MOU shall remain in full force and effect.
IN WITNESS WHEREOF,the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE: LOS ANGELES GATEWAY REGION INTEGRATED
REGIONAL WATER MANAGEMENT JOINT
POWERS AUTHORITY
Chris Cash
GWMA Chair
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE: CITY OF BELL
Mr. Doug Willmore
City Manager
6330 Pine Avenue
Bell, CA 90201
Doug Wilmore, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF,the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE: CITY OF BELL GARDENS
Mr. Phillip Wagner
City Manager
7100 Garfield Avenue
Bell Gardens, CA 90201
Phillip Wagner, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE: CITY OF COMMERCE
Mr. Jorge Rifa
City Administrator
2535 Commerce Way
Commerce, CA 90040
Jorge Rifa, City Administrator
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE: CITY OF CUDAHY
Mr. Hector Rodriguez
City Manager
5220 Santa Ana Street
Cudahy, CA 90201
Hector Rodriguez, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF,the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE: CITY OF HUNTINGTON PARK
Mr. Rene Bobadilla, P.E.
City Manager
6550 Miles Avenue
Huntington Park, CA 90255
Rene Bobadilla, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF,the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively,as follows:
DATE: CITY OF MAYWOOD
Ms. Lilian Myers
City Manager
4319 East Slauson Avenue
Maywood, CA 90270
Lilian Myers, City Manager
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE: CITY OF VERNON
Mr. Mark Whitworth
City Administrator
4305 Santa Fe Avenue
Vernon, CA 90058
Mark Whitworth, City Administrator
ATTEST: APPROVED AS TO FORM:
Ana Barcia Hema Patel
Deputy City Clerk City Attorney
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IN WITNESS WHEREOF, the Parties hereto have caused this FIRST AMENDMENT to
be executed on their behalf, respectively, as follows:
DATE: LOS ANGELES COUNTY FLOOD CONTROL
DISTRICT
Ms. Gail Farber
Chief Engineer
900 S. Fremont Avenue
Alhambra, CA 91803
GAIL FARBER, Chief Engineer
APPROVED AS TO FORM:
MARK J. SALADINO
County Counsel
Ry
Deputy
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EXHIBIT "Al"
Cost Share Formula for Preparation of the Plans
The Watershed Permittees and the LACFCDagree to pay for the cost of preparation
of a WMP and CIMP. The LACFCD will pay ten percent (10%) of the cost of the WMP
and CIMP. Each Watershed Permittee shall pay an equal one seventh (1/7th) share
of forty-five percent (45%) of the cost of the WMP and CIMP and each Watershed
Permittee shall pay its pro-rata share of forty-five percent (45%) of the cost of the
WMP and CIMP at the cost sharing allocation percentage provided in Table 1.
TABLE 1
COST SHARING ALLOCATION
FOR FORTY-FIVE PERCENT OF WMP COST
Watershed Land Area Cost Allocation
Permittee mil Percentage
Bell 2.64 11.90
Bell Gardens 2.49 11.22
Commerce 6.57 29.61
Cudahy 1.12 5.05
Huntington Park 3.03 13.65
Maywood 1.18 5.32
Vernon 5.16 23.25
Page 16
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EXHIBIT"A2"
Cost Share Formula for Implementation of the Plans for Monitoring
TABLE 1
COST SHARING ALLOCATION
FOR 47.5% OF MONITORING COST
Watershed Permittee Land Area(mi-') Cost Allocation Percentage
Bell 2.64 11.90
Bell Gardens 2.49 11.22
Commerce 6.57 29.61
Cudahy 1.12 5.05
Huntington Park 3.03 13.65
Maywood 1.18 5.32
Vernon 5.16 23.25
The Watershed Permittees and the LACFCD agree to pay for the cost of implementation
of a WMP and CIMP. The LACFCD will pay five percent (5%) of the cost of monitoring.
Each Watershed Permittee shall pay an equal one seventh (1/71h) share of forty-seven and
one half percent(47.5%) of the cost of monitoring and each Watershed Permittee shall pay
its pro-rata share of forty-seven and one half percent(47.5%) of the cost monitoring at the
cost sharing allocation percentage provided in Table 1.
TABLE 2
COST SHARING ALLOCATION
FOR 45% OF WMP COST
Watershed Permittee Land Area(mi'-) Cost Allocation Percentage
Bell 2.64 11.90
Bell Gardens 2.49 11.22
Commerce 6.57 29.61
Cudahy 1.12 5.05
Huntington Park 3.03 13.65
Maywood 1.18 5.32
Vernon 5.16 23.25
The Watershed Permittees and the LACFCD agree to pay for the cost of implementation
of a WMP and CIMP. The LACFCD will pay ten percent (10%) of the cost of
special/feasibility studies. Each Watershed Permittee shall pay an equal one seventh
(1/7`h) share of forty-five percent (45%) of the cost of the studies and each Watershed
Permittee shall pay its pro-rata share of forty-five percent (45%) of the cost of the studies
at the cost sharing allocation percentage provided in Table 2.
Page 17
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EXHIBIT "B"
The LACFCD agrees to pay its proportional share of costs of preparing and
implementing the Plans and other related costs to be incurred by the GWMA in accordance
with the Cost Share Formulas in Exhibit "Al" ("Cost Share Formula for Preparation of
the Plans") and Exhibit"A2"("Cost Share Formula for Implementation of the Plans"), for
an annual not-to-exceed amount of$100,000.
All the remaining non-LACFCD parties agree to pay their proportional share
of costs of implementing the Plans and other related costs to be incurred by the
GWMA in accordance with the Cost Share Formulas in Exhibit"A2" ("Cost Share
Formula for Implementation of the Plans"), for an annual not-to-exceed amount of
$100,000 per year per non-LACFCD party.
Page 18
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Of V ' RECEIVED
RECEIVED . ... . .�
DEC 01 2014 �p DEC 0 1 74
f 1�
CITY CLERK'S OFFICE " �� ;i,,��E
STAFF REPORT �
PUBLIC WORKS, WATER AND DEVELOPMENT SERVI ES-,
DATE: December 9,2014
TO: Honorable Mayor and City Council
P.[.-
PREPARED BY: Rafael Contreras,Project Engineer
APPROVED BY: Samuel Kevin Wilson, Director of Public Works, Water and Development
Services
RE: CNS Engineers, Inc., Contract Amendment No. 6 for the Atlantic Blvd.
Bridge Rehabilitation and Widening Project,Contract No.CS-0099.
Recommendation
It is recommended that the City Council:
1. Find that the approval of the amendment proposed in this staff report is within the
Initial Study/Mitigated Negative Declaration prepared for this project pursuant to the
provisions under the California Environmental Quality Act(CEQA) in accordance
with Section 15063.
2. Approve Contract Amendment No. 6, in substantially the same form as submitted
herewith,for the Atlantic Blvd. Bridge Rehabilitation and Widening Project, Federal
Project No. DBPL02-5139(010), Contract No. CS-0099, authorizing CNS Engineers,
Inc.,to provide the additional engineering design, right of way acquisition support
and coordination services as described below for the additional cost of$228,627.58,
increasing the total contract cost to $1,485,894.42, and authorize staff to proceed
with the right of way acquisitions for the project.
Background
The project was authorized to proceed with Preliminary Engineering(PE)by Caltrans on September 10,
2002. Following the PE authorization,the City conducted preliminary engineering studies equivalent to
30%design to define the project scope,and performed environmental technical studies in accordance with
the Caltrans-approved Preliminary Environmental Study(PES)form. The National Environmental Policy
Act(NEPA)determination of Programmatic Categorical Exclusion(PCE)was granted by Caltrans on
August 2,2006. The local California Environmental Quality Act(CEQA)determination of Mitigated
Negative Declaration was filed in the State Clearinghouse(SCH)on November 15,2006,and was
publically cleared on December 15,2006.
The Atlantic Blvd.Bridge over the Los Angeles River contract for this project was awarded in November
2009 to CNS Engineers,Inc.,for the design of the bridge rehabilitation and right of way acquisition
support. The Atlantic Boulevard Bridge over the Los Angeles River contract will develop the plans for the
proposed widening and rehabilitation of the bridge. Widening and rehabilitating the existing bridge will
include widening of the roadway bridge approaches,modifications of traffic signals, installation of
California Public Utilities Commission approved railroad grade crossings devices,and channel
modifications. Right of way activities along Atlantic Blvd.consists of either Temporary Construction
Easement or Permanent Street Easement to accommodate the widening of the bridge and roadway. The
project will also require the relocation of a billboard advertisement and conflicting utilities, including
power poles from the City's Gas and Electric Department.
As the project developed into the draft 95%design level, some project elements require modifications in
order to streamline the project needs and permitting. The changes are as follow:Rail Crossing Safety
improvements,PUC Permitting Requirement,USACE Permitting Requirement,and Structure Safety
improvements. These additional project elements required to be updated into the environmental document
incorporated into the NEPA document. For additional details regarding the changes please see the
enclosed project description from the new PES for this project. The NEPA Re-validation of environmental
document for rehabilitation and widen the existing Atlantic Boulevard Bridge over Los Angeles River was
approved on October 24,2012.
The City submitted a formal request to Caltrans for additional Highway Bridge Program(HBP)funding on
March 27,2013,for the increase of the design and construction cost due to additional design features,
safety mitigations for construction at rail crossings, and USACOE Section 404 Permitting. HBP
funds were obligated on January 15,2014,and authorization for expenditures was given on August 20,
2014.
Contract Amendment Work
Contract Amendment No. 6 will extend the project design schedule which includes extending the
consultant's contract to accommodate the lengthy process of obtaining the additional Federal funds and the
extensive coordination of utility relocation, securing railroad C&M agreement and PUC construction
permit,and modification of traffic control plans to facilitate construction.
Right of way
During the final design of the project,it was determined that encroachment into the LA Junction/BNSF
Railroad,Los Angeles County Flood Control facility(Los Angeles River)and Los Angeles Department of
Water and Power property,either in Temporary Construction Easement(TCE)or in Permanent Street
Easement,are required to facilitate the bridge construction.In addition,a billboard located in parcel APN
6314-003-001 also conflicts with the proposed bridge improvements and requires acquisition for removal.
The updated impacted parcels are shown in Table RW-1 and Exhibit RW-2.
Utility Relocation
The proposed bridge improvements require relocation of 15 power poles supporting an overhead power
line as shown on Exhibit U-1. The utility relocation is made necessary for the proposed bridge
construction. Coordination with the Gas and Electric Department's design consultant has determined that
the superior power pole relocation design involves partial undergrounding of electrical lines and re-
designing of the alignment to the west side of the bridge. This will require alterations to the bridge design
strategy including modifications of the 95%design drawings.
Traffic Signal&Traffic Control
It is recommended to install a queue-cutter traffic signal and replace the existing train detection system at
the northerly rail crossing and the signalized intersection at 3030 Atlantic Boulevard to eliminate potential
queued vehicles within the track zone. These newly recommend traffic and railroad features will be
incorporated into the plans. Additionally,the traffic control plans will have to be revised to incorporate the
installation of the underground electrical facilities.
Design Cost
The City is receiving Federal funds through the Highway Bridge Program (HBP) and Congressional
appropriations for 80%of the project design cost and 83.65%of the right of way acquisition and
support cost. Federal funds require the City to provide a local match to fund the remaining portion of
the project cost.
The contract amount, including previous amendments, is $1,257,266.8. The additional cost of
Contract Amendment No.6 is $228,627.58 and the cost share is shown below:
Design Engineering Right of Way
Reimbursement Ratio Acquisition SupportTotal
Reimbursement Ratio
80.00% 88.53%
Contract Amendment
No.6 $137,715.54 $90,912.04 $228,627.58
Federal Share $110,172.43 $80,484.43 $190,656.86
City Share $27,543.11 $10,427.61 $37,970.72
Right of Way Cost
The cost for obtaining the additional right of way acquisitions, in either a Temporary Construction
Easement(TCE) or in Permanent Street Easement is current estimated at approximately $980,700
which is also partially federally funded. As such, partial acquisitions on a total 9 parcels (APNs
6314-003-900, 6314-003-001, 6314-003-800, 6314-033-901, 6314-003-802, 6314-033-271, 6304-
010-806, 6304-007-900 and6304-007-800)and acquisition of the billboard in parcel APN 6314-003-
001 will be required to permit the proposed bridge improvements and to maintain safe operation of
the bridge and roadway facilities.
The anticipated right of way acquisition cost share is shown below:
Right of Way Acquisition Support
Reimbursement Ratio 88.53%
Right of Way Acquisition $980,700.00
Federal Share $868,213.71
City Share $112,486.29
*These costs are subject to change based on actual right-of-way
appraisals and negotiations,if needed.
The anticipated total design contract cost share for the City is $291,397.79, as shown below:
Design Engineering Right of Way
Reimbursement Ratio Acquisition Support Total
80.00% Reimbursement Ratio
80.00%& 88.53%
Contract Cost $1,290,831.03 $195,063.39 $1,485,894.42
Federal Share $1,032,664.82 $161,831.80 $1,194,496.62
City Share $258,166.21 $33,231.58 $291,397.79
After deducting the balance previously paid,the remaining design contract balance cost for the City
is $96,266.76.
Contract Contract Portion
No. CS-0099 Previously Paid Unpaid Balance
Total
Contract Cost $1,485,894.42 $994,992.00 $490,902.42
Federal Share $1,194,496.63 $799,860.97 $394,635.66
City Share $291,397.79 $195,131.03 $96,266.76
The City's cost share portions of the remaining design contract balance and the right of way
acquisitions, anticipated at$96,266.76 and $112,486.29 respectively.
Fiscal Impact
The approval of this amendment is for an additional $228, 627.58 in design consultant fees of which
80% is covered by grand funds. The City's share is $37,970.72, which were budgeted.
Additional Attachments:
Preliminary Environmental Investigation-Project Description
Table RW-1
Exhibit RW-2
Exhibit U-1
Civil and Structural Engineers
10370 Hemet Street,Suite 230,Riverside,CA 92503
Phone:(951)687-1005/Fax:(951)667-3387/Web:www.cnseng.com
November 26, 2014
Mr. Samuel Kevin Wilson, P.E.
Director of Community Services
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Subject: Rehabilitation of Atlantic Blvd. Bridge over the Los Angeles River
Request for Contract Amendment No. 6
Dear Mr. Wilson:
To facilitate the project development, we request a contract amendment for the following
changes:
1. Design schedule:
Our contract expires on September 28, 2012. The project in draft 95%design level is
pending for final strategy of power utility relocation. We request extending the design
schedule from September 28, 2012 to August 30, 2016. Additional time is needed to
mitigate the design schedule for relocation of the power overhead along the east side of
Atlantic Boulevard, and Caltrans' authorization for utility relocation.
2. Update the design:
a. The original design was to relocate the power overhead further east in the Los
Angeles River. However the City has determined to relocate the power overhead to
the west side of the bridge. The alteration of the design strategy requires design
modifications of the 95%contract plans.
b. The bridge plans and geotechnical report based on Caltrans 2006 design standards are
to be updated to reflect the latest 2010 design standards.
3. Prepare new traffic control plans for the installation of underground electrical facilities.
4. Permits
a. The 401 and 1600 Permits will expire in 2016. We will explore extending the permit
terms.
b. The 404 Permit was withdrawn by USACE. We will coordinate and resubmit the
permit application.
5. Escalation Cost:
The PS&E is expected to be completed by December 2015. Therefore, the original
remaining cost for PS&E needs escalation.
6. Preparation of new easement maps and legal description for the following APN's for
power utility relocation:
a. LACFCD—APN 6304-007-900 and APN 6314-033-901
Atlantic Blvd.Bridge over the Los Angeles River Page l 1
T T T Engir ers= Civil and Structural Engineers
b. LA Junction Railway (BNSF)—APN 63044-007-800
c. LA City DWP: APN 6304-007-274 and 6314-033-271
d. FedEx National: APN 6304-003-01 & 02
e. Magellan Atlantic LLC: APN 6314-033-001
7. Update and Complete the following Railroad-Related Design Elements:
a. PUC GO88 Application
b. Railroad Construction &Maintenance (C&M)Agreement
c. Street and Railroad Signals, Warning Devices and Ancillary Equipment.
8. Cost adjustment for right-of-way appraisal and acquisition services for the updated
impacted parcels as follow:
a. LACFCD: 6304-007-900, 6314-033-901
b. LA City DWP: 6314-033-271, 6314-033-274
c. Krystal Enterprises LLC: 6314-003-001
d. City of Vernon: 6314-003-900
e. LA Junction Railway(BNSF): 6304-010-806, 6314-003-800
f. LA Junction Railway(BNSF): 6314-033-802, 6304-007-800
g. FedEx National: APN 6304-003-01 & 02
h. Magellan Atlantic LLC: APN 6314-033-001
9. Cost and scope for bidding and construction supports are deleted at this time due to
uncertain date to start the construction.
10. CNS will take the lead to assemble the power pole relocation and the bridge design into
one bidding package.
We respectfully request amending our contract amount as follows:
Current Amended Contract Amount: $1,257,266.84
Proposed New Amendment: $229,260.60
Total Proposed Amended Contract Amount: $1,486,527.44
We look forward to receiving City's approval for this contract amendment. Should you have any
questions about this proposal, please feel free to contact me at(951) 687-1005 ext.104 or by e-
mail at james.lugcnseng com.
Sincerely,
lww� _;?;
James Lu, P.E., S.E.
Project Manager/Principal
CNS Engineers,Inc.
Attachment: Cost proposal backup details
Atlantic Blvd. Bridge over the Los Angeles River Page � 2
Local Assistance Procedures Manual Exhibit 6-A
Preliminary Environmental Study(PES)Form
Preliminary Environmental Investigation
Notes to Support the Conclusions of the PES Form
(May Also Include Continuation of Detailed Project Description)
A.Project Need
The roadway width along Atlantic Blvd. across the Los Angeles River is far below current safety standards
with narrow lanes and no shoulders.The bridge is considered Functionally Obsolete and is on the FHWA
Eligible Bridge List for Highway Bridge Program funding due to the poor roadway width configuration. In
addition,the southbound Atlantic Blvd.right turn lane onto District Blvd. is shorter than required to handle the
existing traffic volumes. Implementation of the proposed project would improve safety and operational
functions along Atlantic Boulevard.
B.Project Description
The project is to rehabilitate and widen the existing Atlantic Boulevard Bridge over the Los Angeles River
(State Bridge No. 53CO252)in City of Vernon.The project was authorized to proceed with Preliminary
Engineering(PE)on September 10,2002. Following the PE authorization,the City conducted preliminary
engineering studies equivalent to 30%design to define the project scope,and performed environmental
technical studies in accordance with the Caltrans-approved Preliminary Environmental Study(PES)form. The
environmental NEPA determination of Programmatic Categorical Exclusion(PCE)was granted by Caltrans on
August 2,2006. The local CEQA determination of Mitigated Negative Declaration was filed in the State
Clearinghouse(SCH)on November 15,2006 and was publically cleared on December 15,2006.
The original proposed bridge improvements are outlined below:
1. Widening the existing bridge on both sides from a curb-to-curb roadway width of 60 feet to a width
varying from 93 feet at the southerly bridge abutment to 88 feet at the northerly bridge abutment.The
widened bridge deck will consist of six(6) 11-foot through lanes,an 11-foot southbound right turn
lane,two(2)4-foot shoulders,a median tapering from 11-foot at the District/Atlantic intersection to 3
feet at the northerly rail crossing, and two(2)5-foot sidewalks.
2. Adding six(6)debris walls in the channel upstream of the bridge.
3. Construction of the pier widening and debris walls will include installation of concrete piles in the
riverbed.
4. The Atlantic Blvd. south of District Blvd.will be widened to the east to provide roadway approach
transition to match the widened bridge.
C.Modified or Added Project Elements
During the course of the final design development,some project elements require modifications in order to
streamline the project needs and permitting. The modified or added project elements are described in the
below.Photos showing the existing conditions,color rendered photos illustrating the existing and the proposed
conditions, and an exhibit identifying the modified or added project elements are in Attachment E.
Rail Crossing Safety Improvement-PUC Permitting Requirement
1. Adding gates at the northerly rail crossing_: The existing bridge is sandwiched by two at-grade rail
crossings, one at each end of the bridge. Each crossing is currently equipped with two single mast-
mounted flashing light warning signals.
Page 79
LPP 08-02 May 30,2008
Exhibit 6-A Local Assistance Procedures Manual
Preliminary Environmental Study(PES)Form
Based on the coordination with Public Utility Commission(PUC)and BNSF Railroad,and the
results of the traffic queue video surveys and studies,it was determined that gates at the northerly
rail crossing are required to meet PUC safety standards and to ease the PUC railroad construction
permit.In addition,new flashing light warning signals will be installed and the existing at-grade
crossing panels and rails will be replaced.The gates,warning signals,crossing panels,and the rails
will be installed by the railroad forces and will be on BNSF's own cost.
2. Extending the center median northerly and slightly increasing the bridge widening width on the east
side: The original proposed deck geometries consist of a center median tapering from 11 feet at the
District/Atlantic intersection to 3 feet at the northerly rail crossing.To provide adequate space in the
center median to house the proposed gates at the northerly rail crossing as described above, it is
proposed to extend the 11-foot center median continuously over the northerly rail crossing.The
proposed improvement necessitates a constant bridge width instead of tapering the bridge on the east
side as originally proposed.As such,the bridge width will be further widened on the east side for
approximately 2 feet at the southerly bridge abutment and 8 feet at the northerly bridge abutment.
The proposed improvement does not change the original traffic lane configuration which includes
six(6) 11-foot through lanes, one(1) 11-foot southbound right turn lane,and two(2)4-foot
shoulders.
3. Replacing the existing-train detection s stem to eliminate unnecessM activation of flashing li ht
warning signals at the northerly rail crossing_The flashing light warning signals at the northerly rail
crossing are interconnected to a"Style C"train detection system. The rail approach limits extend
606 feet to the west and 690 feet to the east.Whenever a train encroaches into these limits,the
crossing warning system is activated and the warning lights flash at the crossing.Even when a train
is stopped within these approach limits,the crossing warning system will be activated and will
remain activated until the train leaves the approach limits.
Currently,there are train switching movements on the west side of the crossing. During many of
these switching movements,the train never crosses the crossing. Such an event is referred to as an
unnecessary crossing activation. Several such unnecessary activations have been observed and
documented to occur on a daily frequency due to switching operations.Because there are no gates at
the existing crossing,many motorists elect to proceed across the track if the train is not imminent.
Although it is consistent with the California Vehicle Code for a flashing red signal(i.e. stop and
proceed when clear/safe),crossing an activated rail warning signal poses a major safety concern to
the operation of the roadway and the rail track.
The unnecessary activation will further result in roadway safety and operational problems when
BNSF Railroad installs new gates to meet the PUC safety requirements.When the gates are
frequently lowered due to unnecessary activations,the traffic flow with a heavy Average Daily
Traffic(ADT)volume of approximately 60,000 on the Atlantic Boulevard will be jeopardized. In
addition,because some of the unnecessary activations last for several minutes,the concern is that
motorists may become impatient and elect to drive around the gates or perform some other sort of
unsafe evasive maneuver.
To eliminate the roadway safety and operational problems elaborated above,it is proposed to replace
the existing"Style C"train detection system with Constant Warning Time(CTW)train detection
system. CWT system calculates the rate of change of shunt of an approaching train and provides a
relatively consistent amount of warning time before the train reaches the crossing regardless of train
speed. As such,trains that are moving relatively slow in the approach limits or are stopped within
the approach limits will not activate, or will less frequently/lower duration activate,the crossing
warning system. As such,the frequency and duration of unnecessary activations would be
significantly reduced.
Page 80
May 30,2008 LPP 08-02
Local Assistance Procedures Manual Exhibit 6-A
Preliminary Environmental Study(PES)Form
4. Adding a queue-cutter traffic signal at the northerly rail crossing_A rail crossing intersects Atlantic
Boulevard at approximately 20 feet north of the northerly bridge abutment.Traffic movements and
queuing at the rail crossing in the northbound direction are highly influenced by its close proximity
to the Interstate 710(I-710)freeway interchange.A traffic signal located at the entrance of the
property at 3030 Atlantic Boulevard,approximately 250 feet north of the rail crossing also
complicates the traffic movements.
The segment of the Atlantic Boulevard at the project site is experiencing heavy traffic volumes of
approximately 60,000 vehicles per day with more than 18%of traffic volume in trucks. The queue
video surveys and the traffic study indicate there is queuing problem in the northbound direction at
the northerly rail crossing,especially during the AM and PM peak hours.When the train approaches
the rail crossing and activates the warning signal, queued vehicles,especially trucks,were frequently
observed unable to clear the track zone due to the congested traffic at the downstream nearby I-710
Interchange and the short storage length between the rail crossing and the signalized intersection at
3030 Atlantic Boulevard.The queuing problem will become a major safety concern when BNSF
Railroad installs gates at the crossing.
It is recommended to install a queue-cutter traffic signal between the northerly rail crossing and the
signalized intersection at 3030 Atlantic Boulevard to eliminate potential queued vehicles within the
track zone.
USACE Permitting Requirement
5. Reconstruction of hydraulic training retaining The proposed bridge widening on the west side
of the existing bridge will impact the existing hydraulic training retaining walls at the northwest and
southwest quadrant of the bridge.The training walls are proposed to be replaced and slightly
realigned to provide smooth hydraulic transition to the widened bridge abutments.
Structure Safety Improvement
6. Replacement of the severely deteriorated asphalt concrete ACpavement on the existing bridge
surface: The existing unique arch spandrel slab is filled with soils topped with AC pavement. The
AC pavement has been severely deteriorated.The deteriorated and broken pavement on the bridge
surface will allow the deck runoff(water)to seep through the deck and saturate the earth fill,which
not only increases the dead weight and reduces the live load carrying capacity of the bridge slab but
also corrodes the concrete arch slab.As such,it is recommended to replace the AC pavement with a
concrete pavement. The proposed improvement will enhance the structural integrity,extend the
service life of the existing structure,and improve the roadway rideability.
Page 81
LPP 08-02 May 30,2008
City of Vernon Table RW-1 Federal ID No. DBPL02-5139(010)
Right of Way Eden Project String No. 103001
Street Easement= SE Eden Contract No. CS-0099
Temporary Construction Easements =TCE
Power Overhead Easement= POE
Underground Utility Easement= UUE
Corrected APN Previous APN Address/Location Owner Type of Acres Sqft Acres Sqft
Encroachments (TCE) (TCE) (SE) (SE)
5119 District Blvd. SE(partial acquisition)
6314-OD3 900 6314 003-3007 Vernon CA 90058 City of Vernon and TCE 0 D 0.107 4663
6314-003-001 6314-003-3001 5122 S Atlantic Blvd. Krystal Enterprises LLC. SE(partial acquisition), 0.037 1595 0.020 884
Vernon CA 90058 TCE and possible POE
6314-003-800 Southeast of bridge SE,TCE,&POE 0.300 13068 0.010 414
6314-033-802 Northeast of bridge SE,TCE,&POE 0.172 7493 0.018 801
LA]unction/BNSF Railway
6304-010-806 Southwest of bridge TCE 0.107 4660 0.000 0
6304-007-802 Northwest of bridge TCE 0.138 6011 0.000 0
6304-007-900 West of bridge SE and TCE TBD TBD 0.058 2508
Los Angeles County Flood
Control District
6304-033-901 East of bridge SE,TCE and POE TBD TBD 0.132 5745
6314.033-271 Northeast of bridge Los Angeles Department of SE,TCE and POE 0.341 14654 0.010 446
Water and Power
6304-007-274 Power OH Easement
Billboard Northeast corner of Clear Channel Relocation or Removal Existing
Advertisement Atlantic and District Easement
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ID ITask JTask Name Duration Start Finish 2010 12011 12012 12013 12014 2015 2016 J201
1 0 Mod
e May jan Se _ may )an Sep may jan Sep May ]an Se
2 Begin Phase 1:Development of Ps&E 0 days Mon 12/14/09 Mon 12/14/09 12/14
3 T5 Roadway and Bridge Design 1490 days Mon 12/14/09 Fri 9/4/15
4 IS PS&E Initiation 0 days Mon 12/14/09 Mon 12/14/09
5 Railroad Crossing Design Review 180 days Mon 12/14/09 Fri 8/20/10
6 35%Roadway Plans 60 days Mon 12/14/09 Fri 3/5/10
7 65%Roadway and Bridge Plans 269 days Mon 3/8/10 Thu 3/17/11
8 65%Design Review 90 days Fri 3/18/11 Thu 7/21/11
9 Caltrans Local Assistance Environmental 240 days Fri 7/22/11 Thu 6/21/12
Revalidation&HBP Programming
10 7r' 95%Roadway and Bridge PS&E 85 days Mon 8/6/12 Fri 11/30/12
11 Evaluation of alternatives for relocation of 470 days Mon 12/3/12 Fri 9/19/14
power overhead lines and poles&
Caltrans's authorization
12 Notice To Proceed(completion) 0 days Mon 12/22/14 Mon 12/22/14 0112/22
13 Update 95%Roadway and Bridge PS&E 55 days Mon 12/22/14 Wed 3/11/15
14 95%Design Review 30 days Thu 3/12/15 Wed 4/22/15
15 100%Roadway and Bridge PS&E 35 days Thu 4/23/15 Thu 6/11/15
16 100%Design Review 30 days Fri 6/12/15 Fri 7/24/15
17 Final Design PS&E(Camera Ready) 30 days Mon 7/27/15 Fri 9/4/15
18 Design of Power Pole Relocation 990 days Mon 9/5/11 Thu 6/25/15 MEW
19 l0 Procurement of Power Design Consultant 135 days Mon 9/5/11 Fri 3/9/12
20 Notice To Proceed 0 days Mon 4/9/12 Mon 4/9/12
21 lo Field Investigations 30 days Mon 4/9/12 Fri 5/18/12
22 50%Design Review 125 days Mon 5/21/12 Fri 11/9/12
23 7r' Evaluation of alternatives for relocation of 470 days Mon 12/3/12 Fri 9/19/14
power overhead lines and poles&
Caltrans'authorization
24 Notice To Proceed(completion) 0 days Mon 12/22/14 Mon 12/22/14 2
25 'a 100%Design Development 55 days Mon 12/22/14 Wed 3/11/15
26 OS 1001%Design Review 30 days Thu 3/12/15 Wed 4/22/15
27 r, Final Design PS&E(Camera Ready) 45 days Thu 4/23/15 Thu 6/25/15
28 01, secure and Renew Permits 150 days Thu 3/12/15 Mon 10/12/15
29 Right of Way Acquisition 250 days Mon 12/22/14 Tue 12/15/15
30 Railroad C&M Agreement and PUC Permit 250 days Thu 3/12/15 Fri 3/4/16
31 Caltrans Right of Way Certification 50 days Mon 3/7/16 Fri 5/13/16
32 Caltrans Authorization for Construction 65 days Mon 5/16/16 Tue 8/16/16
33 Advertise the Project and Contract Award 120 days Wed 8/17/16 Fri 2/3/17
34 start Construction 0 days Wed 3/1/17 Wed 3/1/17
35 Construction Duration-2.5 Years
Task Project Summary W-------1W Inactive Milestone 0 Manual Summary Roll up Deadline i
Project:CNS Atlantic Bridge Sched SPlit .........I.... External Tasks ® Inactive Summary � Manual Summary Progress
Date:Wed 11/26/14 Milestone ♦ External Milestone ♦ Manual Task Start-only C
Summary —V Inactive Task O Duration-only - -- ----- Finish-only 3
Page 1
RECEIVZ_�
GEC 01
2014 NOV 2 5 2G I i
CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION
DEPARTMENT OF PUBLIC WORKS, WATER AND
DEVELOPMENT SERVICES
-6
DATE: December 9, 2014
TO: Honorable Mayor and City Council
PREPARED BY: Scott B. Rigg, Public Works & Water Superintendent `2-
APPROVED BY: Samuel Kevin Wilson,` irector of Public Works, Water and
Development Services
RE: Ratify the Issuance of a Notice Inviting Bids for Contract CS-0522 —
to Furnish and install one new 30OKW Cummins Diesel Power
Generator
Recommendation
It is recommended that the City Council:
1. Find that the ratification of the issuance of a Notice Inviting Bids, as proposed in this staff report, is
exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15302 (C),
because the proposed contract consists of the replacement or reconstruction of existing utility systems
and/or facilities involving negligible or no expansion of capacity; and
2. Ratify the issuance of a Notice Inviting Bids for Contract CS-0522 to furnish and install one new
30OKW Cummins Diesel Power Generator, a copy which is attached hereto.
Background
The City of Vernon (City) was issued a Notice of Violation (NOV) from the South Coast Air
Quality Management District (SCAQMD) on December 19, 2013, for operating a diesel-fueled
emergency internal combustion engine greater than 50 brake-horse-power for non-emergency use within
one-hundred meters or 328-feet from Vernon City Elementary School. The City staff operated the
generator for non-emergency purposes when school was in session unaware that the regulation
prohibiting this practice changed, effective December 21, 2006. Despite annual inspections of the
generator by SCAQMD, the City was never informed of the new regulation. Consequently, the
SCAQMD directed the City to prepare, and have approved by the SCAQMD, a compliance schedule to
install a generator that meets provisions of Rule No. 1470. The compliance schedule was subsequently
approved by the SCAQMD.
On October 29, 2014, the SCAQMD's held a hearing to consider a Petition for an Order of
Abatement. The City was represented by City Attorney, Hema Patel, and the Director of Public Works,
Water and Development Services, Kevin Wilson. The Hearing Board ordered the City to cease and desist
from violating Rule No. 1470, or in alternative, comply with the following conditions and increments of
progress:
1. On or before October 31, 2014, Respondent shall submit a permit application, including fees necessary
to expedite permit processing, for the replacement generator.
2. Respondent shall not operate the existing Allis-Chalmers generator when Vernon City Elementary
School is in session, except for emergency purposes.
3. Respondent shall keep records of all operation of the existing Allis-Chalmers engine, including the
time date and duration of operation, and make such records available to the SCAQMD upon request.
4. On or before December 2, 2014, the Vernon City Council shall approve the issuance of a Notice
Inviting Bids for the purchase of the rule-compliant generator.
5. On or before January 20, 2015, the Vernon City Council shall award a bid to a Contractor which will
provide the replacement generator.
6. Within 12 weeks of having the bid approved, estimated to be March 17, 2015,Respondent shall receive
replacement generator.
7. Within four weeks of receiving delivery of the replacement generator, estimated to be April 14, 2015,
Respondent shall complete installation of the replacement generator.
8. If Respondent anticipates that installation of the replacement generator will not be completed in
accordance with the compliance schedule, Respondent shall seek to modify and extend the Order.
9. The Hearing Board may modify the Order for Abatement without the stipulation of the parties upon
showing of good cause therefore, and upon making the findings requirement by Health and Safety Code
Section 42451(c) and District Rule(a). Any modification of the Order any modification of the Order shall
be made only at a public hearing held upon 10 days published notice and appropriate written notice to
Respondent.
10. Unless terminated earlier, the Hearing Board shall retain jurisdiction over this matter until June 30,
2015 at which time this Order for Abatement, if not properly extended, shall expire.
11. This Order for Abatement does not act as a variance, and Respondent is subject to all rules and
regulations of the District,and with all applicable provisions of California law.
Moreover, since the City is under a compliance schedule requirement to issue the Notice Inviting
Bids, effective December 2, 2014; City staff issued the Notice Inviting Bids on November 24, 2014, to
avoid a possible violation and is now seeking the City Council's ratification. Staff originally intended to
seek City Council approval to issue Notice Inviting Bids on the December 2, 2014; however, the
December 2, 2014 City Council meeting was canceled.
Fiscal Impact
The cost to furnish and install the generator will range from $175,000 to $266,000. The
Department has budgeted funds in the fiscal year 2014-2015 budget for this service.
BID FORM
AND
PR03ECT SPECIFICATIONS
TO FURNISH AND INSTALL ONE NEW 30OKW
CUMMINS DIESEL POWER GENERATOR
IN THE CITY OF
VERNON, CALIFORNIA
JL
�T49
Contract No. CS-0522
Bid Opening Date: January 6, 2015
Estimated Construction Start Date: January 20, 2015
CITY OF VERNON
DEPARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES
4305 SANTA FE AVENUE
VERNON, CA 90058
(323) 583-8811
TABLE OF CONTENTS
PAGE
NOTICE INVITING BIDS.....................................................................................NIB-3
BIDDER'S PROPOSAL ...........................................................................................BP-2
PART I INSTRUCTIONS TO BIDDERS............................................................. I-1
GENERAL INSTRUCTIONS ...................................................................................... I-1
I-1.01 General Bid Requirements ................................................................. I-1
I-1.02 Bidder's Guarantee............................................................................ I-1
I-1.03 Bidder Must Make Thorough Investigation .......................................... I-1
I-1.04 Acceptance of Conditions................................................................... I-1
I-1.05 Truth and Accuracy of Representation................................................ I-1
I-1.06 City Changes to the Bid Documents.................................................... I-2
I-1.07 Notice Regarding Disclosure of Contents of Document......................... I-2
I-1.08 Award of Bid and Determination of Responsiveness ............................ I-2
I-1.09 Ineligibility to Contract ......................................................................I-2
I-1.10 Errors and Omissions ........................................................................I-3
I-1.11 Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees.......I-3
I-1.12 Taxes...............................................................................................I-3
I-1.13 Local Bidders; Refund of Sales and Use Tax........................................I-3
I-2 SPECIAL CITY REQUIREMENTS ...............................................................I-3
I-2.01 Equal Employment Opportunity in Contracting ....................................I-3
I-2.01.1 Policy .............................................................................................I-3
I-2.01.2 Compliance.....................................................................................I-4
I-2.01.3 Required Forms...............................................................................I-4
I-2.02 Affidavit of Non-Collusion by Bidder ...................................................I-4
I-2.03 Vernon Living Wage Ordinance.......................................................... I-4
I-2.04 Stormwater Management and Discharge Control................................. I-4
I-2.04.1 NPDES Requirements ...................................................................... I-4
I-3 GENERAL SPECIFICATIONS..................................................................... I-5
I-3.01 Bid Proposal Quantities...................................................................... I-5
I-3.02 Registration and Qualifications of Contractors..................................... I-5
I-3.03 Standard Specifications ...................................................................... I-5
I-3.04 Subcontracts..................................................................................... I-5
I-3.05 Non-Discrimination............................................................................. I-6
I-3.06 Protection of Existing Facilities............................................................ I-6
I-3.07 Contract Bonds.................................................................................. I-6
I-3.08 Termination of Contract...................................................................... I-6
I-3.09 Liability Insurance..............................................................................I-6
I-3.10 Partial Payment..................................................................................I-7
I-3.11 Security Deposits in Lieu of Retention .................................................1-7
I-3.12 Worker's Compensation Certification ...................................................I-7
I-3.13 Sample Contract ................................................................................I-7
I-3.14 Special Conditions - Prevailing Wages and Employment of Apprentices..I-7
ATTACHMENT TO PART I .................................................................................AI-I
PART II —SPECIAL PROVISIONS — SPECIFIC FOR THIS PR03ECT
II-1.01 Scope of Work.................................................................................II-1
II-1.02 Contract Plans ................................................................ ......II-2
II-1.03 Specifications ..................................................................................II-2
II-1.04 Contract Length...............................................................................II-2
II-1.05 Delays and Extensions of Time .........................................................II-2
II-1.06 Quality of Work .................................................... ......II-2
.....................
II-1.07 Liquidated Damages ........................................................................II-2
II-2.01 Scheduling of Work..........................................................................II-3
II-3.01 Extra Work......................................................................................II-3
II-3.02 Compliance with Laws. Regulations. and Safe Practices .....................II-3
II-3.03 Traffic Requirmements.....................................................................II-3
II-6.01 Construction Order of Work..............................................................II-4
II-7.01 Character of Workers ......................................................................II-4
II-9.01 Protection to Public..........................................................................II-4
PART III —TECHNICAL SPECIFICATIONS
APPENDIX A — Forms to be Completed by Bidder
APPENDIX B — Sample Contract
Certificate of Insurance
Attachment No. 1 — Site Map
b
NOTICE INVITING BIDS
TO
FURNISH AND INSTALL ONE NEW 30OKW CUMMINS DIESEL POWER GENERATOR
FOR THE
City of Vernon, California
Sealed bids will be received at or prior to 2:00 p.m.,January 6, 2015, by the City Clerk of Vernon, 4305
Santa Fe Avenue, Vernon, CA 90058, to FURNISH AND INSTALL ONE NEW 30OKW CUMMINS DIESEL
GENERATOR in the City of Vernon, California.
Mail sufficiently early or deliver in person before 2:00 p.m. on the day listed in the Notice Inviting
Bids. Bids must be received in the City Clerk's Office before that time. NO LATE BIDS WILL BE
ACCEPTED.
Copies of the Plans and Specifications are available at no charge at the Department of Public Works, Water and
Development Services Counter, City of Vernon, 4305 Santa Fe Avenue, Vernon, between the hours of 7 a.m.
and 5:30 p.m. Monday through Thursday. A non-refundable fee of$20.00 will be charged if mailing is requested
by calling (323) 583-8811.
A pre-bid meeting is scheduled for December 16, 2014 at 10:00 a.m. in the Department of Public Works, Water
and Development Services Conference Room, 4305 Santa Fe Avenue, Vernon, California. This meeting is to
answer any questions regarding the project plans and specifications.
Attendance is mandatory.
Each bidder must hold an active State of California Class B license or C-10 license.
All bids must be accompanied by bids security in the amount of ten percent(10%) of the bid prices, in the form
of cash, cashier's check, money order, or surety bond.
Refer to the Specifications of complete details and bid requirements. Specifications and this notice shall be
considered a part of any contract made pursuant thereto.
Mark Whitworth
City Administrator
Dated: (Authorized by City Attorney's Office)
Published:
NIB-3
CS-0484
BIDDER'S PROPOSAL
TO
TO FURNISH AND INSTALL ONE NEW 30OKW CUMMINS DIESEL
POWER GENERATOR
in the City of Vernon, California
Bid Opening: 2:00 p.m., January 6, 2015, 4305 Santa Fe Avenue, City Clerk's Office, Vernon
To the Honorable City Council
of the City of Vernon, California
In response to the Notice Inviting Bids to Furnish and Install One new 30OKW Cummins Diesel Power Generator
the undersigned bidder proposes to the City of Vernon all labor, materials, methods and processes, tools
implements and machinery which are necessary and required for the performance of the work mentioned in said
Notice Inviting Bids in accordance with the Specifications therein referred to at the prices listed on pages BP-2
thru BP-4.
Each bidder must bid on the items shown in the Bidder's Proposal. If any bidder makes any
alteration, interlineation or deviation in any of the printed matter of the proposal or if the signature
of the bidder is incomplete, the bid will be considered informal and may be rejected.
The price bid shall include any and all charges required under the California Retail Sales Act of 1933 as amended
and the California Use Tax Act of 1935.
In case of a discrepancy between the unit prices and items totals, the unit prices shall prevail, and in the case of
a discrepancy between item totals and the grand total, the item totals shall prevail. The grand total will be
subject to adjustment by the City in the event of a discrepancy. The contract award shall be made on the basis
of the grand total as described about from among responsive and responsible bidders.
Based on the bids received and the City's budget at the time of the contract award, the City reserves the right
to delete items and/or change quantities of bid items.
BP-1
CS-0484
BIDDER'S PROPOSAL
TO
TO FURNISH AND INSTALL ONE NEW 30OKW CUMMINS DIESEL
POWER GENERATOR
ITEM NO. ITEM TOTAL PRICE
ALTERNATIVE NO. 1
FURNISH AND INSTALL ONE NEW 30OKW DIESEL
POWER GENERATOR AND RELATED EQUIPMENT IN
THE BASEMENT OF CITY HALL. REMOVE EXISTING
GENERATOR FROM THE BASEMENT LOCATION.
1 COMPLETE IN PLACE AT A LUMP SUM PRICE. $
ALTERNATIVE NO.2
FURNISH AND INSTALL ONE NEW 30OKW DIESEL
POWER GENERATOR, DOUBLE WALLED FUEL TANK
AND RELATED EQUIPMENT IN CITY YARD. INSTALL
GENERATOR AND FUEL TANK ON CONCRETE
FOUNDATION.REMOVE EXISTING GENERATOR.
2 COMPLETE IN PLACE AT A LUMP SUM PRICE. $
LOWER PRICE OF ALTERNATIVE 1 OR 2-GRAND
TOTAL PRICE $
NOTE: ALL BID ITEMS REFER TO THE SCOPE OF WORK AND TECHNICAL SPECIFICATIONS.THE LOWEST BIDDER
SHALL BE DETERMINED BASED UPON THE PRICE QUOTED ON THIS FORM FOR THE LOWER COST OF
ALTERNATIVES 1 OR 2.THE GRAND TOTAL COST SHALL REFECT EITHER ALTERNATIVE NO. 1 OR 2; WHICHEVER
IS LOWER.THE QUOTED PRICE SHALL ENCOMPASS THE ENTIRE COST OF THE PROJECT INCLUDING GENERATOR,
ELECTRICAL WIRES,INSTALLATION OF A TEMPORARY STANDBY GENERATOR,AND REMOVAL AND DISPOSAL OF
THE EXISTING KOHLER GENSET(ALTERNATIVES 1 &2).
TOTAL $
(Also, enter Total at top of page BP-3)
BP-2
CS-0484
GRAND TOTAL$
The undersigned Bidder agrees to commence work within fifteen (15) calendar days from the date issuance of a
Notice to Proceed and proposes and agrees to have all work completed within [insert contract length] of the
contract time commences.
The undersigned Bidder acknowledges receipt of the following addenda issued for the above project. If no
addenda have been received, write"none". FAILURE TO ACKNOWLEDGE RECEIPT OF ANY ADDENDA ISSUED
WILL RENDER THE CONTACTOR'S BID NON-RESPONSIVE.
List of addenda Received:
PLEASE SEE PART I SECTION 2.01.3 REQUIRED FORMS.
Bidder shall execute the following (Appendix"A'�:
Paae
1. Identity Confirmation BP-(a)
2. Subcontractor Listing/Shoring Design BP-(b)
3. Affidavit of Non-Collusion BP-(c)
4. Living Wage Compliance Certification BP-(d)
5. Vendor List Questionnaire & Equal Opportunity Employment& Non-Segregation AA FORMS
The Bidder declares that neither he/she nor any member of his/her firm or corporation is in office or an
employee of the City of Vernon.
Bidder's Proposal
Respectfully Submitted,
(If a Bidder is a corporation, by
its seal must be impressed hereon) Authorized Signatory
California State Contractor's License No.
California Corporation No.
BP-3
CS-0484
PART I—INSTRUCTIONS TO BIDDERS
I-1 GENERAL INSTRUCTIONS
1-1.01 General Bid Requirements
To be considered,a Bidder must follow the format for bids in the Specifications. Bids must be binding and firm. Any
bid may be withdrawn before bid opening, but not for 90 days after opening.
1-1.02 Bidder's Guarantee
Bid security in the amount of ten percent(10%)of the bid price, in the form of cash, cashier's check, money order
or surety bond, meeting City requirements, must accompany all bids. If the Bidder to whom the contract is awarded
shall for fifteen (15) calendar days after such award fail or neglect to enter into the contract and file the required
bonds, the City may deposit in its treasury said bid security and, under no circumstances, shall it be returned to the
defaulting Bidder.
1-1.03 Bidder Must Make Thorough Investigation
It is the Bidder's responsibility to examine the location of the proposed work, to fully acquaint itself with the
Specifications and the nature of the work to be done. Bidders shall have no claim against the City based upon
ignorance of the nature and requirements of the project, misapprehension of site conditions,or misunderstanding of
the Specifications or contract provisions.
1-1.04 Acceptance of Conditions
By submitting a bid, each Bidder expressly agrees to and accepts the following conditions:
I-1.04.1 All parts of the Instructions to Bidders and Specifications will become part of the Contract between the
selected Bidder and the City.
I-1.04.2 The City may require whatever evidence is deemed necessary relative to the Bidder's financial stability and
ability to complete this project.
I-1.04.3 The City reserves the right to request further information from the Bidder, either in writing or orally, to
establish any stated qualifications.
I-1.04.4 The City reserves the right to solely judge the Bidder's representations,and to solely determine whether the
Bidder is qualified to undertake the project pursuant to the criteria set forth herein. The Bidder by submitting a bid,
expressly acknowledges and agrees that the judgment of the City as to whether or not the Bidder is qualified to
perform the project, shall be final, binding and conclusive.
I-1.04.5 The City reserves the right to reject all bids,waive any irregularity in any of the bids,or cancel or delay the
project at any time.
I-1.04.6 This bidding process does not commit the City to award any contract,and the City is not liable for any costs
incurred by the Bidder in the preparation and submission of a bid.
1-1.05 Truth and Accuracy of Representation
False, incomplete or unresponsive statements in connection with the bid may be sufficient cause for rejection of a
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PART I-PW REV 103113
Bidder.
1-1.06 City Changes to the Bid Documents
The City reserves the right to change any part of these Instructions to Bidders and Specifications any time prior
to the bid opening. Any changes shall be in the form of addenda, and will become a part of the bid documents
and of the contract. Addenda shall be made available to each Bidder. A Bidder's failure to address the
requirements of the addenda may result in the bid not being considered. If the City determines that a time
extension is required for the submission of the bid, the addenda will give the new bid opening date.
1-1.07 Notice Regarding Disclosure of Contents of Document
All bids accepted by the City shall become the exclusive property of the City. Upon opening,all bids accepted by the
City shall become a matter of public record and shall be regarded as public,with the exception of those elements of
each bid which are identified by the Bidder as business or trade secrets and plainly marked as "trade secret,"
"confidential,"or "proprietary." Each element of a bid which a Bidder desires not to be considered a public record
must be clearly marked as set forth above, and any blanket statement(i.e., regarding entire pages,documents,or
other non-specific designations) shall not be sufficient and shall not bind the City in any way whatsoever. If
disclosure is required under the California Public Records Act or otherwise by law(despite the Bidder's request for
confidentiality), the City shall not in any way be liable or responsible for the disclosure of any such records or part
thereof.
1-1.08 Award of Bid and Determination of Responsiveness
The contract shall be awarded to the lowest responsive and responsible Bidder. In determining whether a Bidder is
responsive and responsible, the following shall be considered.
I-1.08.1 The quality of the material offered;
I-1.08.2 The ability, capacity and skill of the Bidder to perform the contract or provide the material or services;
I-1.08.3 Whether the Bidder can perform the contract or provide the service promptly,or within the time specified,
without delay or interference;
I-1.08.4 The sufficiency of the Bidder's financial resources and the effect thereof on their ability to perform the
contract or provide the material or services;
I-1.08.5 The character, integrity, reputation,judgment, experience and efficiency of the Bidder;
I-1.08.6 The quality and timeliness of the Bidder's performance on previous purchase orders or contracts for the
City;
I-1.08.7 Litigation by the Bidder on previous purchase orders or contracts with the City;
I-1.08.8 The ability of the Bidder to provide future maintenance and service where such maintenance and service is
essential.
1-1.09 Ineligibility to Contract
Pursuant to Sections 1777.1 and 1777.7 of the California Labor Code, any Contractor that has been found by the
State Labor Commissioner to be in violation of the Labor Code Section entitled "Public Works"shall be ineligible
to bid on or be awarded a contract for this project. The period of debarment shall be not less than one year
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PART I-Pw REV. 103113
and up to three years as determined pursuant to Section 1777.7 of the Labor Code. In submitting its bid, the
Bidder certifies that it is aware of these provisions and is eligible to bid on this contract.
The successful Bidder shall also be prohibited from performing work on this project with a subcontractor who is
ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. In
submitting its bid,the Bidder certifies that it has investigated the eligibility of each and every subcontractor it intends
to use on this project and has determined that none is ineligible to perform work pursuant to the above provisions of
law.
1-1.10 Errors and Omissions
Bidders shall not be allowed to take advantage of any errors or omissions in the Instructions to Bidders or
Specifications. Full instructions will be given if such error or omission is discovered and timely called to the attention
of the City. In submitting its bid, the Bidder certifies that it is aware of these provisions and is eligible to bid on this
Contract.
1-1.11 Patent Fees; Patent, Copyright, Trade Secret and Trademark Fees
Each Bidder shall include in the price bid any patent fees,royalties and charges on any patented article or process to
be furnished or used in the prosecution of the Work.
1-1.12 Taxes
Price bid shall include all federal, state, local, and other taxes.
1-1.13 Local Bidders; Refund of Sales and Use Tax
For the purpose of determining the lowest Bidder on a contract for materials and supplies only, 1%of that portion of
the bid subject to sales or use tax shall be deducted from any bid where it is determined that if such Bidder were
awarded the contract, the City would receive a refund of the 1%.
I-2 SPECIAL CITY REQUIREMENTS
NOTICE
THERE IS AN APPENDIX "A" OF FORMS IN THESE SPECIFICATIONS WHICH A BIDDER MUST COMPLETE TO
ESTABLISH COMPLIANCE WITH A NUMBER OF SPECIAL CITY OF VERNON REQUIREMENTS,INCLUDING, BUT NOT
LIMITED TO, EQUAL EMPLOYMENT OPPORTUNITY AND AFFIDAVIT OF NON-COLLUSION. THESE FORMS AND
THEIR INSTRUCTIONS SHOULD BE CONSIDERED AN INTEGRAL PART OF THE SPECIFICATIONS AND FAILURE TO
COMPLETE THEM MAY BE GROUNDS, IN THE SOLE DISCRETION OF THE CITY, FOR REJECTION OF ANY BIDDER.
1-2.01 Equal Employment Opportunity in Contracting
1-2.01.1 Policy
The City of Vernon is committed to a policy of Equal Opportunity Contracting. Qualified firms including small
businesses and businesses owned by women, minorities, and disabled persons are encouraged to submit bids or
proposals. Contractors expressly agree to comply with the City's ordinances and regulations regarding Equal
Opportunity Employment as well as regulations that may be mandated by the source of the funds supporting this
contract.
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PART I-Pw REV, 103113
1-2.01.2 Compliance
To the extent permitted by law,the Contractor expressly agrees to establish compliance with the Equal Employment
Opportunity Practices Provisions of federal and state law.
1-2.01.3 Required Forms
No contract shall be awarded until the Bidder has submitted to the City or has on file with the City a
nondiscrimination certification acceptable to the City.
1-2.02 Affidavit of Non-Collusion by Bidder
The City requires that each Bidder execute and submit to the City with their Bid, the Affidavit of Non-Collusion
included in Appendix "A."
1-2.03 Vernon Living Wage Ordinance
This contract is subject to the Vernon Living Wage Ordinance. The selected consultant shall pay qualifying
employees a wage of not less than $10.30 per hour with health benefits, or$11.55 per hour without health benefits.
The consultant shall also provide qualifying employees at least twelve days off per year for sick leave, vacation or
personnel necessity, and an additional ten days a year of uncompensated time for sick leave. There shall be a
prohibition on an employer retaliation against an employee's complaining to the City with regard to the employer's
compliance with the living wage ordinance. Contractor,and any Subcontractor(s),shall comply with the City's Living
Wage Ordinance. The current Living Wage Standards are set forth in Exhibit"D"of the City's Sample Contract.
Upon the City's request, certified payroll records shall promptly be provided to the City.The provisions of California
Labor Code 1770,et seq., regarding the payment of prevailing wages on public works,and related regulations,apply
to all City contracts. If Living Wage Provisions and Prevailing Wage provisions should both apply to this Contract,
Contractor and all of its Subcontractors shall pay the higher of the applicable wages to the extent required by law.
1-2.04 Stormwater Management and Discharge Control
In addition to complying with all applicable federal, state and local laws and regulations, the Contractor shall take
note of the Stormwater Management and Discharge Control Ordinance, also known as NPDES Requirements, as a
material part of the work under this Contract.
1-2.04.1 NPDES Requirements
In addition, the Contractor shall adhere to NPDES (National Pollution Discharge Elimination System) Best
Management Practices to prevent deleterious materials or pollutants from entering the City or county storm drain
systems, including, but not limited to implementing the Best Management Practices specified below, and the
Contractor shall comply with all directions of the City in this regard during construction:
The following shall be implemented:
1. Handle, store, and dispose of materials properly.
2. Avoid excavation and grading activities during wet weather.
3. Construct diversion dikes and drainage swales around working sites.
4. Cover stockpiles and excavated soil with secured tarps or plastic sheeting.
5. Develop and implement erosion control plans (if applicable).
b. Check and repair leaking equipment away from construction sites.
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PART i-PW REV 103113
7. Designate a location away from storm drains for refueling.
8. Cover and seal catch basins if work in their vicinity may allow debris or deleterious liquids to enter.
9. Use vacuum with all concrete sawing operations.
10. Never wash excess material from aggregate, concrete, or equipment onto a street.
11. Catch drips from paving equipment with drip pans or absorbent material.
12. Clean up all spills using dry methods.
I-3 GENERAL SPECIFICATIONS
1-3.01 Bid Proposal Quantities
The quantities contained in the bid documents are approximate only, and are for the sole purpose of comparing
bids. The City may, in accordance with the Standard Specifications, order more or less work or material as
necessary in the City's sole discretion. Payment will be made for the amount of work or material actually provided
as determined by the City and accepted at the unit or lump sum prices noted in the bid,where applicable,and those
prices shall govern.
1-3.02 Registration and Qualifications of Contractors
Before submitting bids, Contractors shall be licensed in accordance with the Business and Professions Code Section
7000 et. seq. and each Contractor shall insert his license number on the Bidder's Proposal.
In submitting this bid,the Bidder warrants that it has work experience comparable to that which is to be performed.
Prior to award of a contract,the City may request of any Bidder,a statement setting forth their work experience of a
nature comparable with that which is to be performed. Such statement shall describe the work performed over the
period of three(3)years next preceding the date of said statement,and shall give the owner, location,and contract
price, together with the dates of beginning and completion of such work. This statement of experience shall be
submitted within seven (7) calendar days after the City's notification to so submit. Failure to submit an adequate
statement can result in rejection of the bid as non-responsive.
1-3.03 Standard Specifications
In connection with contracts related to the subject"Bidder's Proposal,"and except as otherwise provided below,all
work shall be done in accordance with the provisions of the 2012 edition of "STANDARD SPECIFICATIONS FOR
PUBLIC WORKS CONSTRUCTION" (commonly known as the "GREENBOOK"), Detailed Technical Specifications
including Supplements, prepared and promulgated by Public Works Standards, Inc., a mutual benefit corporation.
1-3.04 Subcontracts
In addition to the information to be listed by the Bidder with the bid pursuant to Section 2-3,entitled"Subcontracts,"
of the Standard Specifications, the Bidder shall provide for each subcontractor listed a brief description of the work
to be subcontracted (see Page BP-(b) of the Bidder's Proposal). After bids have been received, no substitution of
subcontractors in place of those listed in the bid or addition of subcontractors for work in excess of one-half of one
percent of the total bid price will be permitted without the written consent of the City Engineer. The sole grounds
for said consent shall be the exceptions listed in Chapter 4 of the Public Contract Code.
Pursuant to California Labor Code §1021.5, the Contractor must not willingly and knowingly enter into any
agreement with any person, as an independent contractor, to provide any services in connection with the Work
where the services provided or to be provided requires that such person hold a valid contractor's license issued
pursuant to California Business and Professions Code §§7000 et seq. and such person does not meet the burden of
proof of his/her independent contractor status pursuant to California Labor Code §2750.5. In the event that the
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PART I-PW REV 103113
Contractor shall employ any person in violation of the foregoing,the Contractor shall be subject to the civil penalties
under California Labor Code §1021.5 and any other penalty provided by law. In addition to the penalties provided
under California Labor Code§1021.5,the Contractor's violation of this Paragraph or the provisions of California Labor
Code§1021.5 shall be deemed an event of the Contractor's default. The Contractor must require any Subcontractor
of any tier performing or providing any portion of the Work to adhere to and comply with the foregoing provisions.
Pursuant to the provisions of Labor Code Section 1777.1,the Labor Commissioner publishes and distributes a list of
contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors
is available from the Department of Industrial Relations website at: htta:llwww.dir.ca.gov/dlse/debar.htmi. The
Contractor must not employ, hire, use or subcontract with any of the listed debarred contractors.
1-3.05 Non-Discrimination
In the performance of this Contract, the Contractor must not discriminate against any employee, subcontractor,or
applicant for employment because of race, religious creed,color, national origin,ancestry,physical disability,mental
disability,medical condition, marital status,sex,age,or sexual orientation of any person,to refuse to hire or employ
the person or to refuse to select the person for a training program leading to employment,or to bar or to discharge
the person from employment or from a training program leading to employment, or to discriminate against the
person in compensation or in terms, conditions, or privileges of employment. Violations may also result in the
imposition of penalties referred to in Labor Code § 1735.
1-3.06 Protection of Existing Facilities
Except where otherwise provided for,the repair or replacement of existing improvements that are damaged,injured,
or removed as a result of the work shall be reflected in associated unit or lump sum prices noted in the Bidder's
Proposal.
1-3.07 Contract Bonds
The Bidder to whom a contract is awarded shall file the bonds specified by Section 2-4, "Contract Bonds," of the
Standard Specifications before execution of the contract. The term "Contract Price" shall be deemed to mean the
total contract"not to exceed"amount consisting of the base bid stated in the Bidder's Proposal plus such additional
amounts provided for adjustments to the estimated quantities contained in the Bidder's Proposal and for extra work
covered by approved change orders, if any.
1-3.08 Termination of Contract
Section 6-5, entitled"Termination of Contract,"of the Standard Specifications is modified to read: 'The City may
terminate this contract in whole or in part at any time, for any cause or without cause, upon fifteen (15)calendar
day's written notice to the Contractor." If the contract is thus terminated by the City for reasons other than the
Contractor's failure to perform its obligations, the City shall pay the Contractor a prorated amount based on the
services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be the
Contractor's exclusive remedy for termination without cause.
1-3.09 liability Insurance
Evidence of insurance coverage shall be provided in the manner specified in Section 7.13 Insurance of the City's
Sample Contract
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PART I-PW REV 103113
1-3.10 Partial Payment
Payment shall be due the Contractor within thirty(30)calendar days after receipt of an itemized statement for work
performed during the progress payment period.
1-3.11 Security Deposits in Lieu of Retention
Pursuant to Section 22300 of the Public Contract Code, the Contractor may substitute securities for any monies
withheld to ensure performance under the contract. At the request and expense of the Contractor, securities
equivalent to the amount withheld shall be deposited with the City, or with a State or Federally chartered bank in
California as the escrow agent, who shall then pay such monies to the Contractor. Upon satisfactory completion of
the contract, the securities shall be returned to the Contractor.
Alternatively, the Contractor may request and the City shalt make payment of retentions earned directly to the
escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the
investment of the payments into securities and the Contractor shall receive the interest earned on the investments
upon the same terms provided for in this section for securities deposited by the Contractor. Upon satisfactory
completion of the contract,the Contractor shall receive from the escrow agent all securities, interest,and payments
received by the escrow agent from the City. The Contractor shall pay to each subcontractor, not later than 20 days
after receipt of the payment,the respective amount of interest earned, net of costs attributed to retention withheld
from each subcontractor, on the amount of retention withheld to ensure the performance of the Contractor.
Securities eligible for investment under this section shall include those listed in Section 16430 of the Government
Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts,standby letters of
credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the
beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon.
The escrow agreement to be used shall be null,void,and unenforceable unless it is substantially similar to the form
specified by Section 22300(e) of the Public Contract Code.
1-3.12 Worker's Compensation Certification
California Labor Code §§ 1860 and 3700 provide that every Contractor will be required to secure the payment of
compensation to its employees. In accordance with the provisions of California Labor Code§ 1861,the Contractor,
in submitting a bid, hereby certifies as follows:
"I am aware of the provisions of California Labor Code§ 3700 which requires every employer to be insured against
liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code,and
I will comply with such provisions before commencing the performance of the Work of this Contract."
1-3.13 Sample Contract
A sample of the contract the successful Bidder will be required to enter into with the City is attached hereto as
Appendix "B" and by this reference incorporated herein and made a part of these Specifications.
1-3.14 Special Conditions - Prevailing Wages and Employment of Apprentices
The Contractor certifies by submission of a bid that they have not been found by the Labor Commissioner to be
in violation of Prevailing Wage laws as outlined in the California Labor Code § 1777.1. The Contractor shall
adhere to the provisions of Section 1770-1777 of the Labor Code and Section 7-2 entitled "Labor," of the
Standard Specifications. The Contractor shall comply with and adhere to the"Special Conditions— Payment of
Prevailing Wages and Employment of Apprentices"attached to Part I of these Project Specifications. Attention
is directed to Section A of this attachment which states, in part, that if there is a difference between the Vernon
Living Wage and Prevailing Wage rates for similar classifications of labor, the Contractor and his/her
subcontractors shall pay not less than the him wage rate.
I-7
PART I-PW REV.103113
ATTACHMENT TO PART I
SPECIAL CONDITIONS - PAYMENT OF PREVAILING WAGES AND EMPLOYMENT OF APPRENTICES
A. Determination of Prevailing Wage Rates
City has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Labor Code
determinations of the generally prevailing rates of per diem wages and the prevailing rate for holiday and overtime
work in the locality in which the Work is to be performed. Copies of these determinations, entitled"PREVAILING
WAGE SCALE", are maintained at the City's offices, are available during City's normal business hours and are also
available on the Internet at www.dir.ca.gov/DIR/S&R/statistics research.html. If there is a difference in the Vernon
Living Wage rates and the California prevailing wage for similar classifications of labor, the Contractor and
Subcontractors shall pay not less than the highest wage rates. The wage rate for any classification not listed, but
which may be required to execute the Work,shall be commensurate and in accord with specified rates for similar or
comparable classifications for those performing similar or comparable duties. Holidays shall be as defined in the
collective bargaining agreement applicable to each particular craft,classification or type of worker employed under
the Contract. Per diem wages include employer payments for health and welfare, pensions, vacation, travel time
and subsistence pay, apprenticeship or other training programs authorized by California Labor Code §3093, and
similar purposes when the term"per diem wages"is used herein. Holiday and overtime work, when permitted by
law, must be paid for at the rate of at least one and one-half (11/2) times the above specified rate of per diem
wages, unless otherwise specified. In accordance with Section 1773.2 of the California Labor Code,the Contractor
must post a schedule showing all applicable prevailing wage rates at appropriate and conspicuous locations on the
job site where they can easily be seen by workers.
B. Payment of Prevailing Wage Rates
1. Statutory Requirements-The Project is subject to the provisions of Labor Code §§1720 et seq. and the
requirements of Title 8 of the California Code of Regulations§§16000 et seq.,which govern the payment of
prevailing wage rates on public works projects. The Contractor and Subcontractors of any tier shall be
governed by and required to comply with these statutes and regulations in connection with the Project.
Pursuant to Labor Code§1771,the Contractor and all Subcontractors of any tier must pay not less than the
prevailing wage rates to all workers employed in execution of the Contract. Contractor and Subcontractors
must comply with applicable statutes and regulations, including but not limited to Labor Code §§ 1771,
1775, 1777.5, 1813 and 1815.
2. Weekly Payments to Employees-Contractor and all Subcontractors of any tier must pay each worker on
the Project, unconditionally and not less often than once each week, the full amounts that are due and
payable for the period covered by the particular payday in accordance with the prevailing wage scale
determination, regardless of any contractual relationship which may be alleged to exist between the
Contractor, Subcontractor and such laborers. Thus, an employer must establish a fixed workweek and an
established payday. On each payday, each worker must receive all sums due at the end of the preceding
workweek and must be provided with an itemized wage statement.
3. Classifications - City shall require that any class of laborers or mechanics, including apprentices and
trainees,which are not fisted in the General Wage Determinations and which are to be employed under this
Contract, shall be classified conformably to such wage determinations. In the event the City does not
concur in the Contractor's proposed classification or reclassification of a particular class of laborers and
mechanics (including apprentices and trainees) to be used, the question, accompanied by the
recommendation of the City's Project Representative, shall be referred to the State Director of Industrial
Relations for determination.
4. Fringe Benefit Cash Equivalent- City shall require, whenever the minimum wage rate prescribed for a
class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly wage and the
Contractor is obligated to pay a cash equivalent of such a fringe benefit, an hourly cash equivalent thereof
must be established. In the event the interested parties cannot agree upon cash equivalent of the fringe
benefit, the questions, accompanied by the recommendation of the City's Project Representative, shall be
referred to the State Director of Industrial Relations for determination.
C. Penalty for Prevailing Wage Rate Underpayment
Pursuant to Labor Code §1775, the Contractor must, as a penalty, forfeit Fifty Dollars($50.00)to the City for each
calendar day or portion thereof, for each worker paid less than the prevailing wage rates as determined by the
Director of the Department of Industrial Relations for such work or craft in which such worker is employed for the
Work by the Contractor or by any Subcontractor,of any tier, in connection with the Work. The difference between
ATTACHMENT TO PART I-PW REV. 103113
prevailing wage rates and the amount paid to each worker each calendar day, or portion thereof, for which each
worker paid less than the prevailing wage rate, must be paid to each worker by the Contractor.
D. Withholding
The City shall upon its own action or upon written request of an authorized representative of the Department of
Labor or DIR, withhold or cause to be withheld from the Contractor under this Contract so much of the accrued
payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices,
trainees, and helpers, employed by the Contractor or any Subcontractor the full amount of wages required by the
Contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper,
employed or working on the site of the Work, all or part of the wages required by the Contract,the City may,after
written notice to the Contractor, take such action as may be necessary to cause the suspension of any further
payment, advance, or guarantee of funds until such violations have ceased.
E. Certified Payroll Records and Basic Payroll Records
The Contractor and Subcontractors of any tier must maintain Certified Payroll Records and"Basic Payroll Records",
defined as time cards, front and back copies of canceled checks, cash receipts, trust fund forms, daily logs,
employee sign-in sheets, accounting ledgers, tax forms and/or any other record maintained for the purposes of
reporting payroll, during the course of the Work and must preserve them for a period of three (3) years after
completion of the Project for all trades workers executing the Work of the Contract. Certified Payroll Records must
be submitted at the times designated in Paragraph F below or upon request as described in Paragraph G below. City
reserves the right to require Contractor to routinely submit Basic Payroll Records may be requested by the City at
any time and must be provided within ten (10) calendar days following the receipt of the request.
F. Submittal of Certified Payroll Records
Pursuant to Labor Code§1776,the Contractor and each Subcontractor of any tier must maintain an accurate,weekly
payroll record showing the employee full name,address,social security number,work classification,amount paid per
hour, straight time,overtime and holiday hours worked each day and weekly totals,the actual per diem wages paid
to each person employed for the Work, and the gross/net wages paid for this Project/all projects, as well as the
Contractor name and address, Project name and location, and dates of payroll. If payments are made to any third
party trust,funds or plans for health and welfare, pension or vacation trusts,those payments must be stated on the
Certified Payroll Record. The basic wage rate paid per hour plus the employer contributions for benefits, including
training fund contributions, must at least equal the prevailing wage rate for that classification.
The Contractor must maintain and submit its Certified Payroll Records and those of its Subcontractors. City reserves
the right to require Contractor to submit to the City each week, no later than seven (7) calendar days after the
payday for the week covered, the Certified Payroll Records of Contractor and its Subcontractors of every tier. If
there is no Work on a given week or on a given day, the Certified Payroll Record must indicate"no work"for that
week or day(s). The Certified Payroll Records must account for each day of the week including Saturdays, Sundays
and holidays. Contractor and Subcontractors of every tier must write"final"on the last submitted Certified Payroll
Record for the Project.
The Certified Payroll Records must be verified by a written declaration made by a person with authority to represent
the reporting entity, under penalty of perjury,that the information contained in the payroll record is true and correct
and that the reporting entity has complied with the requirements of California Labor Code§§1771, 1811,and 1815
for any Work performed by his, her or its employees on the Project.
Contractor agrees that submission of Certified Payroll Records as well as all related or subsequent requests for
supporting document made by City shall be a condition precedent to Contractor's receipt of a progress, final, or
retention payment. The City shall withhold any portion of the progress, final, or retention payment up to and
including the entire payment until the Certified Payroll Records requirement is met by the Contractor or its
Subcontractor. If the Contractor or any Subcontractor is determined to have failed to pay workers in compliance
with the applicable prevailing wage sections of the Labor Code,the City shall continue to withhold progress,final,or
retention payments until sufficient funds have been withheld for payment of wages to workers and all applicable
penalties.
G. Making Certified Payroll Records Available Upon Request
Pursuant to Labor Code§1776, in addition to its obligation to deliver certified payroll records to the City on a weekly
basis as set forth above, the Contractor must also make payroll records available for inspection at all reasonable
hours at the principal office of the Contractor on the following basis: (1) a certified copy of an employee's payroll
record must be made available for inspection or furnished to such employee or his/her authorized representative on
request; (H)a certified copy of all payroll records must be made available for inspection or furnished upon request to
ATTACHMENT TO PART I-PW REV. 103113
the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the
Department of Industrial Relations; (iii) a certified copy of payroll records must be made available upon request to
the public for inspection or copies thereof made; provided, however, that a request by the public must be made
through either the City,the Division of Apprenticeship Standards,or the Division of Labor Standards Enforcement. If
the requested payroll records have not been previously provided to the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement, the requesting party must, prior to being provided the
records, reimburse the cost of preparation by the Contractor, Subcontractors and the entity through which the
request was made;and the public may not be given access to such records at the principal office of the Contractor;
(iv)the Contractor must file a certified copy of the payroll records with the entity that requested such records within
ten (10) calendar days after receipt of a written request; (v) any copy of records made available for inspection as
copies and furnished upon request to the public or any public agency by the City, the Division of Apprenticeship
Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to
prevent disclosure of an individual's name, address and social security number. The name and address of the
Contractor or any Subcontractor,of any tier, performing a part of the Work must not be marked or obliterated. The
Contractor must inform the City of the location of payroll records, including the street address,City and county and
must, within five (5) working days, provide a notice of a change or location and address.
H. Forfeiture for Failure to Comply with Written Record Request Laws
The Contractor or Subcontractor shall have ten (10) calendar days in which to comply, subsequent to receipt of
written request regarding Certified Payroll Records or Basic Payroll Records. In the event Contractor or a
Subcontractor fails to strictly comply after such 10-day period,the Contractor or Subcontractor shall,as a penalty to
the City, forfeit Twenty-Five Dollars($25.00)for each calendar day, or portion thereof, for each worker, until strict
compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor
Standards Enforcement, these penalties shall be withheld from any portion of the Contract Price then or thereafter
due the Contractor. A Contractor is not subject to a penalty assessment pursuant to this paragraph due to the
failure of a Subcontractor to comply with this section.
I. Hours of Work
1. Limits on Hours of Work - Pursuant to Labor Code §1810, eight(8) hours of labor shall constitute a legal
day's work. Pursuant to Labor Code §1811, the time of service of any worker employed at anytime by the
Contractor or by a Subcontractor, of any tier, upon the Work or upon any part of the Work, is limited and
restricted to eight(8) hours during any one calendar day and forty(40)hours during any one calendar week,
except as hereafter provided. Notwithstanding the foregoing provisions, Work performed by employees of
Contractor or any Subcontractor,of any tier, in excess of eight(8)hours per day and forty(40)hours during
any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per
day at not less than one and one-half(11/2) times the basic rate of pay.
2. Penalty for Excess Hours- Pursuant to Labor Code§§1813 and 1815,the Contractor shall pay to the City
a penalty of Twenty-five Dollars($25.00)for each worker employed in the execution of the Contract by the
Contractor or any Subcontractor, of any tier,for each calendar day during which such worker is required or
permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar
week, in violation of the provisions of the California Labor Code, unless compensation to the worker so
employed by the Contractor is not less than one and one-half(11/2)times the basic rate of pay for all hours
worked in excess of eight (8) hours per day.
3. Contractor Responsibility For Cost of Excess Hours-Any Work performed by workers necessary to be
performed after regular working hours or on Sundays or other holidays must be performed without
adjustment to the Contract Price or any other additional expense to the City.
3. Responsibility for Subcontractors' Payment of Prevailing Wages
Pursuant to Labor Code§1774,the Contractor is responsible for ensuring that all Subcontractors of any tier comply
with requirements for payment of prevailing wages. Contractor is responsible for Labor Code violations by
Subcontractors of any tier. The agreement executed between the Contractor and each Subcontractor must contain a
copy of the provisions of Labor Code §§ 1771, 1775, 1777.5, 1813 and 1815, at a minimum. Contractor must
monitor each Subcontractor's payment of prevailing wage rates. Upon becoming aware of the failure of any
Subcontractor of any tier to pay its workers the specified prevailing wage,the Contractor must diligently take action
to halt and rectify the failure, including, without limitation, retaining sufficient funds due to the Subcontractor to
cover the underpayment. Before making final payment to any Subcontractor,the Contractor must obtain an affidavit
from the Subcontractor,signed under penalty of perjury,which states that the Subcontractor has paid the specified,
determined prevailing wage rate to its employees for the Project, as well as any amounts due pursuant to Labor
ATTACHMENT TO PART i-PW REV. 103113
Code§1813. Contractor must provide copies of such affidavits to the City and provide Contractor's affidavit that it
has paid the specified,determined prevailing wage rate to its employees for the Project,as well as any amounts due
under Labor Code §1813.
K. Statement of Employer Payments
Within five (5) calendar days of signing the Contract or Subcontract, as applicable, the Statement of Employer
Payments(DSLE Form PW 26) must be completed and submitted to the City by each Contractor and Subcontractor
who pays benefits to a third party trust, plan or fund for health and welfare benefits, vacation funds or makes
pension contributions. The form must contain, for each worker classification, the fund or trust name, address,
administrator, and amount per hour contributed and frequency of contributions. Training fund contributions must
also be reported on this form. In February and August of each year during the Project, the Contractor and
Subcontractors of any tier must verify changes in wage rates for any trade classifications used on the Project.
Thereafter, Contractor and its Subcontractors must submit a new Statement of Employer Payments to the City which
reflects any changes in wages and benefits.
L. Apprentices
f. Apprenticeship Committee Contract Award Information-Pursuant to Labor Code§1777.5 and Title 8
California Code of Regulations §230, Contractor and Subcontractors of any tier who are not already
approved to train by an apprenticeship program sponsor must,within ten(10)calendar days of signing the
Contract or Subcontract, as applicable, but in any event prior to the first day in which the Contractor or
Subcontractor has workers employed on the Project,submit contract award information. This information
may be a Public Works Contract Award Information form(DAS form 140). The contract award information
must be provided to the appropriate local apprenticeship committees whose geographic area of operation
include the area of the Project and can supply apprentices to the Project. Contractor and Subcontractors
must also submit a copy of the form to the City which must include, in addition to other information, an
estimate of journeymen hours to be performed under the Contract or Subcontract, the number of
apprentices to be employed, and the approximate dates the apprentices will be employed. Failure to
provide contract award information, which is known by the Contractor or Subcontractor,shall be deemed to
be a continuing violation for the duration of the Contract.
2. Employment of Apprentices - Labor Code §1777.5 and Title 8 California Code of Regulations §§200 et
seq. provide detailed requirements for employing apprentices on public works. The responsibility of
complying with Section 1777.5 and the regulations lies exclusively with the Contractor. When the
Contractor of Subcontractor employs workers in any Apprenticeable Craft or Trade, the Contractor and
Subcontractor must employ apprentices in at least the ratio set forth in Labor Code Section 1777.5.
Every apprentice employed to perform any of the Work must be paid the prevailing rate of per diem wages for
apprentices in the trade to which such apprentice is registered, and such individual must be employed only for
the work of the craft or trade to which such individual is registered.
Only apprentices,as defined in California Labor Code§3077,who are in training under apprenticeship standards
and written apprenticeship agreements under California Labor Code§§3070 et seq.are eligible to be employed
for the Work. The employment and training of each apprentice shall be in accordance with either of the
following:
(1)The apprenticeship standards and apprentice agreements under which such apprentice is training; or
(2) The rules and regulations of the California Apprenticeship Council, including regulation Section 230.1 (c),
which requires that apprentices employed on public projects can only be assigned to perform work of the craft
or trade to which the apprentice is registered and that the apprentices must at all times work with or under the
direct supervision of journeyman/men.
3. Apprenticeship Certificate and Request for Dispatch of Apprentices
a. When the Contractor or any Subcontractor of any tier in performing any of the Work employs workers in
any Apprenticeable Craft or Trade,as defined in Paragraph L(4),the Contractor and such Subcontractor
may apply to the Joint Apprenticeship Committee administering the apprenticeship standards of the
craft or trade in the area of the site of the Work for a certificate approving the Contractor or such
Subcontractor under the apprenticeship standards for the employment and training of apprentices in the
area or industry affected, provided, however, that the approval as established by the Joint
Apprenticeship Committee or Committees shall be subject to the approval of the Administrator of
Apprenticeship. The Joint Apprenticeship Committee or Committees, subsequent to approving the
Contractor or Subcontractor, shall arrange for the dispatch of apprentices to the Contractor or such
ATTACHMENT TO PART I-Pw REV.103113
Subcontractor in order to comply with California Labor Code §1777.5. There shall be an affirmative
duty upon the Joint Apprenticeship Committee or Committees, administering the apprenticeship
standards of the crafts or trades in the area of the site of the Work, to ensure equal employment and
affirmative action and apprenticeship for women and minorities. Contractors or Subcontractors shall not
be required to submit individual applications for approval to local Joint Apprenticeship Committees
provided they are already covered by the local apprenticeship standards.
b. Contractors who are not already approved to train apprentices must request dispatch of required
apprentices from one of the applicable Apprentices Committees whose geographic area of operation
includes the site of the Project by giving the committee actual notice of at least forty-eight(48) hours
(excluding Saturdays, Sundays and holidays) before the date on which one or more apprentices are
required. Contractors and Subcontractors may use DAS form 142 to make the request for apprentices.
However, if a non-signatory contractor declines to abide by and comply with the terms of a local
committee's standards, the Apprenticeship Committee shall not be required to dispatch apprentices to
such contractor. Conversely, if in response to a written request,an Apprenticeship Committee does not
dispatch any apprentice to a contractor who has agreed to employ and train apprentices in accordance
with either the Apprenticeship Committee's Standards or the California Apprenticeship Counsel
Regulations(Title 8, Section 230 etseq.)within 72 hours of such request(excluding Saturdays,Sundays
and holidays)the contractor shall not be considered in violation of Section 230.1 as a result of failure to
employ apprentices for the remainder of the Project, provided the contractor has made the request in
enough time to meet the required ratio. If an Apprenticeship Committee dispatches fewer apprentices
than the Contractor or Subcontractor requested,the Contractor or Subcontractor shall be considered in
compliance if the contractor employs those apprentices who are dispatched, provided that,where there
is more than one Apprenticeship Committee able and willing to unconditionally dispatch apprentices, a
Contractor or Subcontractor who is not a participant in an apprenticeship program has requested
dispatch from at least two committees.
4. Ratio of Apprentices to Journeymen
a.The ratio of Work performed by apprentices to journeymen,who shall be employed in the Work, may be
the ratio stipulated in the apprenticeship standards under which the Joint Apprenticeship Committee
operates, but in no case shall the ratio be less than one hour of apprentice work for every five hours of
labor performed by a journeyman,except as otherwise provided in California Labor Code§1777.5. The
ratio of apprentice work to journeyman work shall apply during any day or portion of a day when any
journeyman is employed at the site of the Work and shall be computed on the basis of the hours worked
during the day by journeymen so employed. Any Work performed by a journeyman in excess of eight
hours per day or 40 hours per week shall not be used to calculate the ratio. The Contractor must employ
apprentices for the number of hours computed as above before the end of the Contract or subcontract,
as applicable. The Contractor must, however, endeavor, to the greatest extent possible, to employ
apprentices during the same time period that the journeymen in the same craft or trade are employed at
the site of the Work. Where an hourly apprenticeship ratio is not feasible for a particular craft or trade,
the Division of Apprenticeship Standards, upon application of a Joint Apprenticeship Committee, may
order a minimum ratio of not less than one apprentice for each five journeymen in a craft or trade
classification.
b.The Contractor or any Subcontractor covered by this Paragraph and California Labor Code§1777.5,that
has agreed to be covered by an Apprenticeship Program's standards, upon the issuance of the approval
certificate, or that has been previously approved in such craft or trade, must employ the number of
apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards, but in
no event less than the 1-to-5 hourly ratio. Upon proper showing by the Contractor that it employs
apprentices in such craft or trade in the State of California on all of its contracts on an annual average
of not less than one apprentice to each five journeymen,the Division of Apprenticeship Standards may
grant a certificate exempting the Contractor from the 1-to-5 hourly ratio as set forth in this Paragraph
and California Labor Code §1777.5.
5. Exemption-The requirement to employ apprentices shall not apply to contracts of general contractors,or
to contracts of specialty contractors not bidding for work through a general or prime contractor, involving
less than Thirty Thousand Dollars ($30,000.00) or twenty (20) Working Days. The term"Apprenticeable
Craft or Trade,"as used herein shall mean a craft or trade determined as an Apprenticeable occupation in
accordance with rules and regulations prescribed by the Apprenticeship Council.
ATTACHMENT TO PART I-PW REV, 103113
6. Contributions to Trust Funds-The Contractor or any Subcontractor of any tier who performs any of the
Work by employment of journeymen or apprentices in any Apprenticeable Craft or Trade shall contribute to
the California Apprenticeship Council in the same amount that the Director determines is the prevailing
amount of apprenticeship training contributions in the area of the Project. Contractor or any Subcontractor,
of any tier, may take as a credit for payments to the Council any amounts paid by the Contractor or
Subcontractor to an approved apprenticeship program that can supply apprentices to the Project.
Contractors who do not contribute to an apprenticeship program must submit their contributions to the
California Apprenticeship Council. Training Fund contributions are due and payable on the 15th day of the
month for work performed during the preceding month. Training contributions to the California
Apprenticeship Council shall be paid by check and shall be accompanied by a Completed Training Fund
Contribution form (CAC-2). Contractors who contribute to an apprenticeship program are entitled to a full
credit in the amount of those contributions. The Division of Labor Standards Enforcement is authorized to
enforce the payment of such contributions to such fund(s)as set forth in California Labor Code§ 227. Such
contributions shall not result in an increase in the Contract Price.
7. Contractor's Compliance - The responsibility of compliance with this Paragraph for all Apprenticeable
Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship
Committee(s) under this Paragraph are subject to the provisions of California Labor Code §3081. In the
event the Contractor willfully fails to comply with the provisions of this Paragraph and California Labor Code
§1777.5, pursuant to California Labor Code§1777.7,the Contractor shall: (i) be denied the right to bid on
any public works contract for a period of one(1)year from the date the determination of non-compliance is
made by the Administrator of Apprenticeship; and (ii) forfeit, as a civil penalty, One Hundred Dollars
($100.00)for each calendar day of noncompliance. Notwithstanding the provisions of California Labor Code
§1727, upon receipt of such determination,the City shall withhold such amount from the Contract Price then
due or to become due. Any such determination shall be issued after a full investigation,a fair and impartial
hearing, and reasonable notice thereof in accordance with reasonable rules and procedures prescribed by
the California Apprenticeship Council. Any funds withheld by the City pursuant to this Paragraph shall be
deposited in the General Fund or other similar fund of the City. The interpretation and enforcement of
California Labor Code §§1777.5 and 1777.7 shall be in accordance with the rules and procedures of the
California Apprenticeship Council.
ATTACHMENT TO PART I-PW REV.103113
PART II. CITY OF VERNON SPECIAL PROVISIONS-SPECIFIC FOR THIS PROJECT
II-1.01 SCOPE OF WORK
1. The contractor shall furnish and install one new 30OKW Cummins Diesel Generator, equipped with diesel
particulate filter, in accordance with the specifications listed in Part No.III.The proposed generator is to be used in
place of the existing 25OKW Kohler diesel generator located at the City Hall basement.The emergency power needs
include, lighting, backup power for City's telephone,computer systems,and operation of Police&Fire Departments
located in the City Hall.
2. The Cummins Generator shall be brand new, unused and guaranteed from defects in material, design and
workmanship.
3. The proposed emergency generator may be installed in the City Hall basement (Under Alternative No. 1), or at
the ground level (Alternative No. 2) on a concrete pad in a vacant lot at the rear of the City Hall building (see the
Site Map Drawing, Attachment No. 1).
4. Under Alternative No. 2, construct a concrete pad for the placement of the diesel generator with double walled
base fuel tank. Run electrical conduit a minimum of 30"deep, routed as shown on Attachment No. 1.
5. Furnish and install double walled base fuel tank(Alternative No. 2 only)with capacity to supply fuel for 72 hours
of emergency operation at 100% load.
6. Provided electrical cable extension and associated components for connection to the electrical panels/transfer
switch in the City Hail building basement.The electrical cable can be routed underground from the proposed location
(see Site Map Drawing, Attachment No. 1).
7.The contractor shall prepare design drawings including underground conduit placement,foundation design for the
generator installation,and obtain no fee permits from the Vernon Building Department prior to the commencement
of work.
8. The emergency generator must properly work with the automatic start transfer switch and other electrical
connection equipment currently installed at City Hall.
9.The bidding contractor must have a valid State of California business license,valid State of California Engineering
Contractor Class (B) License or C-10 License.
10. The contractor is to install the emergency diesel powered generator in accordance with the current California
building code and electrical national code as adopted by the City. The contractor is to secure all necessary permits
and approvals from the City and SCAQMD for installation of the diesel generator and associated diesel particulate
filter.
11. All attachments, equipment or accessories not specifically listed in this bid request must conform to the best
practices known within the emergency generator industry in trade, quality, workmanship and design.
12.The Contractor shall provide a temporary standby power generator(minimum of 250 KW)and all the cables and
connections to supply back up power during the period that the new diesel power generator is being installed.
Onsite staff training need to be provided by the contractor for operation of the backup generator. The backup
generator shall be onsite until the newly installed diesel generator has been tested and is fully operational.
13. The contractor/generator supplier shall provide a 2 hour start up test by load bank and conduct onsite staff
training. Two copies of the manual on equipment operation and maintenance need to the City.
14. The contractor shall remove and dispose of existing Kohler 250KW generator (Alternative Nos. 1 and 2) in
accordance with state and federal regulations. Under Alternative No. 1, the contractor shall reuse the existing fuel
line from the city yard fuel tanks. Under Alternative No. 2,the contractor shall cap the fuel line at the basement wall
in accordance with industry standards.
U-1
PART 11-SPECIAL PROVISIONS REV 12/10/13
15. The proposed generator shall be guaranteed for a period of five (5) years trouble-free operation. The vendor
shall furnish and replace, with no cost to the City,any equipment or part that is defective or shows signs of undue
wear within five (5) years after acceptance of the contract work. A warranty certificate shall be issued, upon
acceptance of the work, to the City reflecting an effective date the warranty coverage commences.
16. The contractor/generator supplier shall furnish two (2) complete bound sets of owner's manuals providing
instructions for the operation, adjustment, lubrication, and maintenance of the proposed generator.
17. The contractor, upon delivery, shall perform a walk-around and detailed inspection with a designed City of
Vernon representative. The City of Vernon's acceptance of the delivered unit will be contingent upon the subject
unit's conformance with the specifications listed in Part No. III. The inspection of the work shall not relieve the
contractor of any obligation to fulfill the contract and/or complete the project described.
18.The proposed generator is to be pre-approved by the SCAQMD for operation within the area jurisdiction.
11-1.02 CONTRACT PLANS
The contract plans consist of Attachment No. 1.
II-1.03 SPECIFICATIONS
For the purpose of this contract, the Detailed Technical Specifications and the "GREENBOOK" STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION (2012) Edition shall apply.
II-1.04 CONTRACT LENGTH
50 days from commencement of work.
II-1.05 DELAYS AND EXTENSIONS OF TIME
The Provisions of Section 6-6 entitled"Delays and Extensions of Time"of the Standard Specifications shall apply
except as modified and supplemented below.
The second paragraph of subsection 6-6.1 hereby deleted and the following paragraph shall be inserted in its place:
No extension of time will be granted for a delay caused by the inability of the Contractor to obtain materials,
equipment and labor, except as authorized by the Engineer.The length of the contact time stipulated includes any
time which may be required to obtain materials, equipment, and labor. The Contractor shall be deemed to have
ascertained the availability of materials, equipment and labor and considered same in its construction schedule.
II-1.06 QUALITY OF WORK
The provisions of Section 4-1.1 entitled "Materials and Workmanship"of the Standard Specifications shall apply.
In addition, any work deemed unacceptable ty the Engineer, whether a cause is determined or not, shall be
repaired or replace by the Contractor at his expense.
II-1.07 LIQUIDATED DAMAGES
In accordance with Section 6-9 of the Standard Specifications, for each consecutive calendar day required to
complete the work in excess of the time specified herein for its completion, as adjusted in accordance with
Section 6-6 of the Standard Specifications, the Contractor shall pay to the City, or have withheld from monies
due it, the sum of$1,500.
II-2
PART 11-SPECIAL PROVISIONS REV. 12/10/13
If 2.01 SCHEDULING OF WORK
The Contractor shall submit his work schedule to the City Engineer at the pre-construction meeting. The
construction schedule shall show the sequence of work, critical path and estimated time for completion of each
segment of work. This schedule must be reviewed and accepted by the City Engineer, or his/her designee,
before the Contractor will be permitted to begin work. In addition, the Contractor shall submit a detailed
schedule forecasting two weeks of work describing each day's work. This schedule shall be updated and
submitted to the City every other Monday during the construction period. The Contractor shall give forty eight
(48) hours' notice to the City Engineer prior to the start of work. All required overtime work shall be approved,
in advance, by the City Engineer. The normal work schedule will be Monday through Friday, 7:00 a.m. to 5:00
p.m.
II-3.01 EXTRA WORK
In the event the City and the Contractor are unable to negotiate an agreed price for extra work,which is acceptable
to both parties, payment shall be made based on time and materials as follows:
1) Work by Contractor:The following percentages shall be added to the Contractor's costs and shall constitute
the markup for all overhead and profits:
a) Labor.................................................................................................20%
b) Materials............................................................................................15%
c) Equipment Rental...............................................................................15%
d) Other Items and Expenditures.............................................................15%
2) Work by Subcontractor: When all or any part of the extra work is performed by a Subcontractor,the above
markups shall apply to the aggregate sum of the extra work, regardless of the number of tiers of
subcontractors used. In addition,a markup of 10 percent on the first$5,000 of extra work and a markup of
5 percent on work in excess of$5,000 may be added by the Contractor.
3) The Contractor shall pay for any costs incurred for overtime inspection.
II-3.02 COMPLIANCE WITH LAWS, REGULATIONS, AND SAFE PRACTICES
The Contractor shall perform all work in a safe, competent manner and in accordance with all federal, state, and
local statues, regulations, ordinances, rules, and governmental orders.
The Contractor will be solely and completely responsible for the conditions of the job site, including safety of all
persons and property during performance of the work.This requirement will apply continuously and not be limited to
normal working hours.
Inspection of the Contractor's performance by the City, its agents,or employees is not intended to include review of
the adequacy of the Contractor's safety measures in or near the job site.
II-3.03 TRAFFIC REQUIREMENTS
Before any partial or total closure of any street, the Contractor shall be required to obtain the approval of the City
Engineer, or his/her designee.
The Contractor shall comply with Section 7-10 of the Standard Specifications and provide safe and continuous
passage for pedestrians and vehicular traffic at all times. The Contractor shall provide and maintain all necessary
flagmen, barricades,delineators,signs,flashers and any other safety equipment as set-forth in the latest publication
of the State of California, Division of Highways, Traffic Manual or as required by the City Engineer to insure safe
passage of traffic.
II-3
PART 11-SPECIAL PROVISIONS REV. 12/10/13
II-6.01 CONSTRUCTION ORDER OF WORK
Work within certain commercial areas of the various districts shall be scheduled so as to lessen the impact upon
businesses and dining establishments.
Requirements—General:
1) All construction shall conform to Sections 6-1 and 6-2 of the Standard Specifications and shall
proceed in a smooth, efficient, timely and continuous manner. As such, once construction is started
in a work area, the contractor will be required to work continuously in that work area until
construction has been completed and the work area is open and accessible to both vehicular and
pedestrian traffic in a manner approved by the Engineer before the next stage of work will be
allowed to begin.
2) Once construction is started in a work area, the Contractor shall not withdraw manpower or
equipment from that work area in order to start construction in another work area if done so, in the
opinion of the Engineer, delays the completion of the work presently under construction.
3) Unless otherwise stated, the Contractor shall maintain continuous access to all commercial
developments and businesses within the project limits, including store and restaurant entrances,
and drive approaches, unless the Contractor has obtained the approval of the Engineer to close
either such access or drive approach.
4) No stockpiling of material and construction equipment in or on public streets or sidewalks will be
permitted on this project. Material and equipment placed in or on public streets, sidewalks and in
the construction area shall be used the same day.
The Contractor may elect to obtain a storage yard for his materials and construction equipment for the
duration of this contract in order that work on this project will proceed in an efficient manner. Said
storage yard shall conform to all City regulations, ordinances, and zoning requirements and shall be
maintained in a neat and orderly manner.
II-7.01 CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent,
intemperate, troublesome, or acts in a disorderly or otherwise objectionable manner, he shall be immediately
discharged from the project on the requisition of the Engineer, and such person shall not be reemployed on the
work. If said individual has an ownership interest in the contracting entity, the Engineer will serve written notice
upon the Contractor and the Surety providing the faithful performance bond, in accordance with Section 6-4,
"Default by Contractor,"of the Standard Specifications, demanding complete and satisfactory compliance with the
Contract.
II-9.01 PROTECTION OF THE PUBLIC
The Contractor shall take such steps and precautions as his/her operations warrant to protect the public from
danger, loss of life, loss of property or interruption of public services. Unforeseen conditions may arise which will
require that immediate provisions be made to protect the public from danger or loss,or damage to life and property,
due directly or indirectly to prosecution of work under this contract. Whenever, in the opinion for the Engineer, a
condition exists which the Contractor has not taken sufficient precaution of public safety, protection of utilities
and/or protection of adjacent structures or property,the Engineer will order the Contractor to provide a remedy for
the condition. If the Contractor fails to act on the situation within a reasonable time period as determined by the
Engineer, or in the event of an emergency situation,the Engineer may provide suitable protection by causing such
II-4
PART 11-SPECIAL PROVISIONS REV 12/10/13
work to be done and material to be furnished as, in the opinion of the Engineer, may seem reasonable and
necessary. The cost and expense of all repairs (including labor and materials) as are deemed necessary, shall be
borne by the Contractor. All expenses incurred by the City for emergency repairs will be deducted from the final
payment due to the Contractor.
II-5
PART 11-SPECIAL PROVISIONS REV. 12/10/13
PART III-SPECIFICATIONS
30OKW CUMMINS DIESEL POWER GENERATOR
1. 300KW Cummins Diesel Power Generator:
• Model No.QSL9-G7.
• EPA Family No. ECEXL0540AAB (13563).
• Configuration: Cast Iron, in-line 6 cylinder,4 cycle, 8.9 liters.
Aspiration:Turbocharged and CAC.
• Manufacturer Maximum Rating:464 BHP, 1800 RPM.
• 480 Volts,3 phase, in compliance with EPA Tier III and AQMD rule 1470.To be equipped with
Johnson Matthey diesel particulate filter onsite,with a minimum Particulate Matter Control
efficiency of 85%.
• Alternator, 60 HZ, Meters AC output analog.
• Generator set control display in English language.
• Stop emergency switch externally mounted.
• Engine cooling radiator, shut down coolant level.
• Engine air cleaner, normal duty.
• Battery charger, 12 Amp, regulated.
LIL 2200 Listed Packages.
• Contractor shall furnish A 200KW enclosed load bank unit(Avtron or compatible brands,240/480
volts,3 phase,60 HZ)with vertical exhaust air flow outlet,capable of supplying a minimum of 60%
load on the emergency generator.
• The generator shall not exceed 65 decibels at 25-feet.
2. The requirements of Alternative No_ 2 are consistent with Alternative No_ 1 with the exception of the
fallowing additional equipment that shall be.Rrovided. Double walled vase fuel tank, with a capacity for
72 hours of fuel for emergency operation at 100% load_ Equipped with automatic fi,el fill shut off valve.
and fuel spill containment basin, and extended vent line.
• ti
i
APPENDIX A
Forms to be Submitted by Bidder
APPENDIX "A" —Forms to be Completed by Bidder
BIDDER'S CHECKLIST
TO THE BIDDER:
The following Iist is provided for the convenience of both you and the City and to help eliminate
errors and omissions which may render your bid unacceptable. Please check all appropriate
boxes and submit with your bid.
IDENTITY CONFIRMATION BP-(a)
SUBCONTRACTOR LISTING/SHORING DESIGN BP-(b)
AFFIDAVIT OF NON-COLLUSION (SIGNED BY BIDDER) BP-(c)
LIVING WAGE COMPLIANCE CERTIFICATION BP-(d)
VENDOR LIST QUESTIONNAIRE & EQUAL OPPORTUNITY
EMPLOYMENT & NON-SEGREGATION AA FORMS
Bids are to be signed and submitted in TRIPLICATE. Bidder must submit
bids in an ORIGINAL AND TWO COPIES.
All bids shall be enclosed in sealed envelopes, distinctly marked "Bid" with
the title of the bid and the bidder's name and address appearing on the
outside.
Bids should be addressed to:
City Clerk
City of Vernon
4305 Santa Fe Avenue
Vernon,CA 90058
Mail sufficiently early or deliver in person before the time and day listed in
the Notice Inviting Bids. Bids must be received in the City Clerk's Office
before that time.
APPENDIX "A"—Forms to be Completed by Bidder
IDENTITY CONFIRMATION
Contractor's Name
Office Address
If an individual, so state
If a partnership, corporation or firm, so state, giving the names and addresses of
individuals constituting the organization.
If a corporation, give the following information:
Name of President
Name of Secretary
Organized under the laws of the State of
Name and address of local representative
Telephone:
Fax:
(Here attach a certificate in form to confirm 1) the identity of the bidder or officer who signs
above, 2) the fact that he is the officer named, and 3) his authority to bind the bidder).
BP-(a)
APPENDIX "A"—Forms to be Completed by Bidder
SUBCONTRACTOR LISTING/SHORING DESIGN
SUBCONTRACTOR LISTING
Names (s) Address Description of Work
SHORING DESIGN
If shoring is required as part of this project, then the Civil or Structural Engineer who design this
shoring is to be listed below, even if said Engineer is employed by the Contractor. If no shoring
is required, write "NONE".
Engineer Names (s) Address Description of Work
BP-(b)
APPENDIX "A"—Forms to be Completed by Bidder
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
being first duly sworn deposes
and says that he/she is
(Insert"Sole Owner","Partner","President,"Secretary" or other proper title)
of
(Insert name of bidder)
who submits herewith to the City of Vernon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership,
company,association,organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement,communication or conference with anyone
attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or
anyone else interested in the proposed contract;and further
That prior to the public opening and reading of proposals,said bidder:
a. Did not directly or indirectly,induce or solicit anyone else to submit a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said
bidder or anyone else would submit a false or sham proposal,or that anyone should refrain from
bidding or withdraw his proposal;
C. Did not, in any manner, directly or indirectly seek by agreement,communication or conference
with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix
any overhead,profit or cost element of his proposal price,or of that of anyone else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the
contents thereof, or divulge information or data relative thereto, to any corporation, partnership,
company,association,organization,bid depository,or to any member or agent thereof,or to any
individual or group of individuals, except the City of Vernon, or to any person or persons who
have a partnership or other financial interest with said bidder in his business.
I certify under penalty of perjury that the above information is correct
By: Title:
Date:
BP-(c)
APPENDIX "A"—Forms to be Completed by Bidder
LIVING WAGE COMPLIANCE CERTIFICATION
This contract is subject to the City of Vernon's Living Wage Ordinance, Vernon Municipal Code
Chapter2 Article XVIII. The Ordinance requires that contractors providing labor or services to
the City under contracts in excess of$25,000:
♦ Pay no less than ten dollars and thirty cents ($10.30) per hour with medical benefits, or
eleven dollars and fifty-five cents ($11.55) per hour without medical benefits to all
employees who spend any of their time providing labor or delivering services to the City of
Vernon. Additionally, in July 1 st of each year thereafter the Living Wage rate shall be
adjusted by the change in the Federal Bureau of Labor Statistics Consumer Price Index, for
the Los Angeles area, for the most recently available 12 month period. Accordingly, current
City contractors will be required to adjust wage rates no later than July 1st, to remain in
compliance.
♦ Notify employees who spend any of their time providing labor or delivering services to the
City of Vernon who make less than twelve dollars ($12) per hour of their possible right to the
federal Earned Income Tax Credit (EITC) under § 32 of the Internal Revenue Code of 1954,
26 U.S.C. § 32, and making available to such employees forms required to secure advance
ETTC payments.
The selected contractor will be required to evidence compliance with the Living Wage
Ordinance by submitting payroll records as requested by the City. Each record shall include the
full name of each employee performing labor or providing services under the contract;job
classification; rate of pay and benefit rate.
On August 4, 2008, the Vernon City Council amended the Living Wage Ordinance such that the
provisions of the Living Wage Ordinance may be waived in a bona fide collective bargaining
agreement, but only if the waiver is explicitly set forth in clear and unambiguous terms. If this
provision applies, you must provide a copy of the collective bargaining agreement to the City.
I do hereby certify and declare under penalty of perjury that if awarded the contract for which
this bid/proposal is made _ ___. will comply with the
(Name of Company)
requirements of the Vernon Living Wage Ordinance, Vernon Municipal Code Chapter 2 Article
XVIII and the rules and regulations promulgated thereunder. I understand that failure to comply
with the provisions of the Vernon Living Wage Ordinance may result in termination of the
contract as well as other penalties as stated in Vernon Municipal Code Chapter 2 Article XVIII.
(Name) (Title)
(Signature) (Date)
Please return this form with your bid/proposal. Questions concerning the Living Wage Ordinance should be
directed to the Department of Finance—Purchasing Division 323.583.8811.
BP-(d)
APPENDIX "A"—Forms to be Completed by Bidder
Of DER Purchasing & Payables Division
`g`�OR` �0 4305 Santa Fe AvenueVernon, CA 90058
r
(323) 583-8811
► Fax (323) 826-1433
{ ' ;`4 Internet: www.cityofvernon.ory./departments/rinance
olevzzy I'm
s
Article I. Vendor List Questionnaire(Form AA-1)
Article II. Affidavit of Equal Opportunity Employment&Non-segregation
In order to be placed to the City's vendor list and be eligible to receive City business, you must provide
the following information except where indicated as "optional". By submitting this form you are
declaring under penalty of perjury under the laws of the State of California and the laws of the United
States that the information is true and correct. Furthermore, you are certifying that your firm will adhere
to equal opportunity employment practices to assure that applicants and employees are not discriminated
against because of their race, religion, color, national origin, ancestry, disability, sex or age. And, your
firm does not and will not maintain or provide for its employees any segregated facilities at any of its
establishments, and that it does not and will not permit its employees to perform their services at any
location, under its control, where segregated facilities are maintained.
Name of Company Business Telephone
Address Fax number
(optional)
City State Zip
Contact Person_ E-mail Address
(optional)
Tax ID Number(or Social Security Number)
Remit Address (if different)
Please state clearly and concisely the type(s) of goods and services your company provides:
Small and Micro Business Preference Program: If certified by California Department of General
Services as a small or micro business,please provide DGS Reference Number Visit the
Purchasing Division website for additional information.
The following section is OPTIONAL and is for statistical reporting purposes only. Ownership(please
check all that apply):
African-American Asian Armenian Hispanic Native American
Disabled Female
AA FORMS
APPENDIX "A"—Forms to be Completed by Bidder
Project Workforce Utilization (Form AA-2)
This form is to be included in all bid documents for projects involving labor or services valued at$25,000 or more.
Instructions: Please indicate the job titles/classifications to be used in the performance of this contract should it be awarded to your firm. Please
indicate the number of employees in each job classification as well as the number of new hires, if any, as a result of this contract.
Name of Company: Project: _
Job Titles/Classification Estimated number of existing staff to be employed Estimated number of new hires to be employed
in this classification if awarded the contract in this classification if awarded the contract
Are any current employees or
potential new hires Vernon
residents? If so, how many? _ _ ------
AA FORMS
APPENDIX "A"—Forms to be Completed by Bidder
Current Permanent Workforce Utilization (Form AA-3)
OPTIONAL
Name of Company: Project:
Completion of this form is OPTIONAL. Any information supplied by vendors is for reporting purposes only and will not be factored into the award of any
contract.
Instructions: Please indicate the number of employees in each Job Classification belonging to the following groups.
White African-American Hispanic Asian/Pacific Native Armenian Male Female
(not of Hispanic (not of Hispanic Islander American
origin) or�n----------
CLASSIFICATION
Officials/
Managers
Professionals
Technicians
Office/Clerical
Skilled Craft Workers
Operators
(semi-skilled)
Laborers
Service Workers
TOTAL
AA FORMS
APPENDIX "B"
LABOR AND MATERIALS CONTRACT NO.
THIS Contract is made between the CITY OF VERNON ("City"), a municipal
corporation, and a California corporation with
headquarters at ("Contractor").
The City and Contractor agree as follows:
1.0 Contractor shall furnish all necessary and incidental labor, material,
equipment, transportation and services as described in, and strictly in accordance with,
and subject to all terms and conditions set forth in Specifications for
Exhibit A, which is attached hereto and incorporated
by reference.
2.0 All work shall be done in a manner satisfactory to the City's Director of
Community Service and Water or person designated by him, in writing ("Director"), and
shall be of highest quality with respect to
In the event Contractor fails to perform satisfactorily the City shall advise
Contractor in writing, and Contractor shall have thirty (30) days to cure such failure to
satisfactorily perform. If Contractor fails to so cure its performance within said 30 days,
the City may, at its option, terminate this Contract for default without further liability,
other than payment to Contractor for work performed satisfactorily prior to the date of
termination.
3.0 Contractor shall commence work upon the signing of this contract and
shall perform work requested in writing by Director.
4.0 In consideration of satisfactory and timely Performance of requested work,
the city shall pay Contractor as follows: In the first three years of this Contract, a grand
total amount not to exceed Dollars ($000,000).
5.0 Concurrently with the execution of this Contract, contractor shall furnish
bonds of a surety satisfactory to the City, as provided in the specifications and Notice
Inviting Bids. The cost of the bonds shall be paid by Contractor.
6.0 GENERAL TERMS AND CONDITIONS.
6.1 INDEPENDENT CONTRACTOR.
January 2010
6.1.1 It is understood that in the performance of the services
herein provided for, Contractor shall be, and is, an independent contractor, and is not an
agent or employee of City and shall furnish such services in its own manner and method
except as required by this Contract. Further, Contractor has and shall retain the right to
exercise full control over the employment, direction, compensation and discharge of all
persons employed by Contractor in the performance of the services hereunder.
Contractor shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its employees, including
compliance with social security, withholding and all other wages, salaries, benefits,
taxes, exactions, and regulations of any nature whatsoever.
6.1.2 Contractor acknowledges that Contractor and any
subcontractors, agents or employees employed by Contractor shall not, under any
circumstances, be considered employees of the City, and that they shall not be entitled
to any of the benefits or rights afforded employees of City, including, but not limited to,
sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits,
or health, life, dental, long-term disability or workers' compensation insurance benefits.
6.2 CONTRACTOR NOT AGENT. Except as the City may authorize in
writing, Contractor and its subcontractors shall have no authority, express or implied, to
act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
6.3 OWNERSHIP OF WORK. All reports, drawings, plans,
specifications, computer tapes, floppy disks and printouts, studies, memoranda,
computation sheets and other documents prepared by Contractor in furtherance of the
work shall be the sole property of City and shall be delivered to City whenever
requested. Contractor shall keep such documents and materials on file and available
for audit by the City for at least three (3) years after completion or earlier termination of
this Contract. Contractor may make duplicate copies of such materials and documents
for its own files or for such other purposes as may be authorized in writing by the City.
6.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work,
without additional cost to the City. The performance or acceptance of services
furnished by Contractor shall not relieve the Contractor from the obligation to correct
subsequently discovered defects, inaccuracy or incompleteness.
6.5 WAIVER. The City's waiver of any term, condition, breach or
default of this Contract shall not be considered to be a waiver of any other term,
condition, default or breach, nor of a subsequent breach of the one waived.
6.6 SUCCESSORS. This Contract shall inure to the benefit of, and
shall be binding upon, the parties hereto and their respective heirs, successors and/or
assigns.
2
January 2010
6.7 NO ASSIGNMENT. Contractor shall not assign or transfer this
Contract or any rights hereunder without the prior written consent of the City and
approval by the City Attorney, which may be withheld in the City's sole discretion. Any
unauthorized assignment or transfer shall be null and void and shall constitute a
material breach by the Contractor of its obligations under this Contract. No assignment
shall release the original parties or otherwise constitute a novation.
6.8 COMPLIANCE WITH LAWS. Contractor shall comply with all
Federal, State, County and City laws, ordinances, rules and regulations, which are, as
amended from time to time, incorporated herein and applicable to the performance
hereof.
6.9 ATTORNEY'S FEES. If any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to
reasonable attorneys fees, costs and necessary disbursements in addition to any other
relief to which such party may be entitled.
7.0 INTERPRETATION.
7.1 APPLICABLE LAW. This Contract, and the rights and duties of the
parties hereunder (both procedural and substantive), shall be governed by and
construed according to the laws of the State of California.
7.2 ENTIRE AGREEMENT. This Contract, including any Exhibits
attached hereto, constitutes the entire agreement and understanding between the
parties regarding its subject matter and supersedes all prior or contemporaneous
negotiations, representations, understandings, correspondence, documentation and
agreements (written or oral).
7.3 WRITTEN AMENDMENT. This Contract may only be changed by
written amendment signed by Contractor and the City Manager or other authorized
representative of the City, subject to any requisite authorization by the City Council. Any
oral representations or modifications concerning this Contract shall be of no force or
effect.
7.4 SEVERABILITY. If any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion
shall be deemed severed from this Contract, and the remaining provisions shall
nevertheless continue in full force and effect as fully as though such invalid, illegal, or
unenforceable portion had never been part of this Contract.
7.5 ORDER OF PRECEDENCE. In case of conflict between the terns
of this Contract and the terms contained in any document attached as an Exhibit or
otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The
terms of the City's Specifications shall control over the Contractor's bid.
January 2010
7.6 CHOICE OF FORUM. The parties hereby agree that this Contract
is to be enforced in accordance with the laws of the State of California, is entered into in
the City of Vernon and that all claims or controversies arising out of or related to
performance under this Contract shall be submitted to and resolved in a forum within
the County of Los Angeles at a place to be determined by the rules of the forum.
7.7 DUPLICATE ORIGINALS. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
7.8 TIME OF ESSENCE. Time is strictly of the essence of this
Contract and each and every covenant, term and provision hereof.
7.9 AUTHORITY OF CONTRACTOR. The Contractor hereby
represents and warrants to the City that the Contractor has the right, power, legal
capacity and authority to enter into and perform its obligations under this Contract, and
its execution of this Contract has been duly authorized.
7.10 ARBITRATION OF DISPUTES. Any dispute for under$25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach or any other aspect of this Contract, shall be settled by binding arbitration in
accordance with the Commercial Rules of the American Arbitration Association at Los
Angeles, Califomia and judgment upon the award rendered by the Arbitrators may be
entered in any court having jurisdiction thereof. The City does not waive its right to
object to the timeliness or sufficiency of any claim filed or required to be filed against the
City and reserves the right to conduct full discovery.
7.11 INDEMNITY.
7.11.1 Contractor agrees to indemnify, hold harmless and
defend (even if the allegations are false, fraudulent or groundless), to the maximum
extent permitted by law, the City, its City Council and each member thereof, and its
officers, employees, commission members and representatives, from any and all
liability, loss, suits, claims, damages, costs, judgments and expenses (including
attorney's fees and costs of litigation) which in whole or in part result from, or arise out
of, or are claimed to result from or to arise out of:
A. any activity on or use of City's premises or
facilities or any performance under this Contract; or
B. any acts, errors or omissions (including,
without limitation, professional negligence) of Contractor, its employees,
representatives, subcontractors, or agents in connection with the performance of this
Contract.
7.11.2 This agreement to indemnify includes, but is not
limited to, personal injury (including death at any time) and property or other damage
January 2010
(including, but without limitation, contract or tort or patent, copyright, trade secret or
trademark infringement) sustained by any person or persons (including, but not limited
to, companies, or corporations, Contractor and its employees or agents, and members
of the general public). The sole negligence or willful misconduct of City, its employees
or agents other than Contractor or Contractor's subcontractors are excluded from this
indemnity agreement.
7.12 RELEASE. Contractor agrees to release and covenants not to sue
the City, its City Council and each member thereof, and its officers, employees,
commission members and representatives for any damage or injury (including death) to
itself, its officers, employees, agents and independent contractors damaged or claiming
to be damaged from any performance under this Contract.
7.13 INSURANCE. Contractor shall, at its own expense, procure and
maintain policies of insurance of the types and in the amounts set forth below, for the
duration of the Contract, including any extensions thereto. The policies shall state that
they afford primary coverage.
7.13.1 Automobile Liability with minimum limits of at least
$100,000/300,000/50,000 if written on a personal automobile liability form, for using a
personal vehicle; or an amount of$500,000 including owned, hired, and non-owned
liability coverage if written on a Commercial automobile liability form.
7.13.2 General Liability with minimum limits of at least
$1,000,000 combined single limits written on an Insurance Services Office (ISO)
Comprehensive General Liability "occurrence" form or its equivalent for coverage on an
occurrence basis. Premises/Operations and Personal Injury coverage is required. The
City of Vernon, its directors, commissioners, officers, employees, agents and volunteers
must be endorsed on the policy as additional insureds as respects liability arising out of
the Contractor's performance of this Contract.
A. if Contractor employs other contractors as part
of the services rendered, Contractor's Protective Coverage is required. Contractor may
include all subcontractors as insureds under its own policy or shall furnish separate
insurance for each subcontractor, meeting the requirements set forth herein.
B. Blanket Contractual Coverage.
C. Products/Completed Operations coverage.
7.13.3 Contractor shall comply with the applicable sections of the
California Labor Code concerning workers' compensation for injuries on the job.
Compliance is accomplished in one of the following manners:
A. Provide copy of permissive self-insurance
certificate approved by the State of California; or
January 201 Q
B. Secure and maintain in force a policy of
workers' compensation insurance with statutory limits and Employer's Liability Insurance
with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive
all rights of subrogation against City, its directors, commissioners, officers, employees,
and volunteers for losses arising from performance of this Contract; or
C. Provide a "waiver" form certifying that no
employees subject to the Labor Code's Workers' Compensation provision will be used
in performance of this Contract.
7.13.4 Each insurance policy included in this clause shall be
endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior
written notice to City.
7.13.5 Insurance shall be placed with insurers with a Best's rating of
no less than B:VIII.
7.13.6 Prior to commencement of performance, Contractor
shall furnish City with a certificate of insurance for each policy. Each certificate is to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificate(s) must be in a form approved by City. City may require complete, certified
copies of any or all policies at any time.
7.13.7 Failure to maintain required insurance at all times
shall constitute a default and material breach. In such event, Contractor shall
immediately notify City and cease all performance under this Contract until further
directed by the City. In the absence of satisfactory insurance coverage, City may, at its
option: (a) procure insurance with collection rights for premiums, attorney's fees and
costs against Contractor by way of set-off or recoupment from sums due Contractor, at
City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all
damages and costs incurred, by judgment, settlement or otherwise, including attorney's
fees and costs, being collectible from Contractor, by way of set-off or recoupment from
any sums due Contractor.
7.14 NOTICES. Any notice or demand to be given by one party to the
other shall be given in writing and by personal delivery or prepaid first-class, registered
or certified mail, addressed as follows. Notice simply to the City of Vernon or any other
City department is not adequate notice.
If to the City:
City of Vernon
4305 Santa Fe Ave.
Vernon, CA 90058
January 2010
With a Copy to:
If to the Contractor:
Any such notice shall be deemed to have been given upon delivery,
if personally delivered, or, if mailed, upon receipt or upon expiration of three (3)
business days from the date of posting, whichever is earlier. Either party may change
the address at which it desires to receive notice upon giving written notice of such
request to the other party.
7.15 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause,
upon fifteen (15) calendar days' written notice to Contractor. if the Contract is thus
terminated by City for reasons other than Contractor's failure to perform its obligations,
City shall pay Contractor a prorated amount based on the services satisfactorily
completed and accepted prior to the effective date of termination. Such payment shall
be Contractor's exclusive remedy for termination without cause.
7.16 DEFAULT. In the event either party materially defaults in its
obligations hereunder, the other party may declare a default and terminate this Contract
by written notice to the defaulting party. The notice shall specify the basis for the
default. The Contract shall terminate unless such default is cured before the effective
date of termination stated in such notice, which date shall be no sooner than ten (10)
days after the date of the notice.
Termination for cause shall relieve the terminating party of further
liability or responsibility under this Contract, including the payment of money, except for
payment for services satisfactorily and timely performed prior to the service of the notice
of termination, and except for reimbursement of (1) any payments made by the City for
service not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by the City in obtaining substitute performance.
7.17 ASSIGNMENT OF ANTITRUST CAUSES OF ACTION. Contractor
hereby agrees to assign to the City all rights, title and interest in and to all causes of
action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the
Cartwright Act Chapter 2 (Commencing with Section 16700) or part 2 of Division 7 of
the Business and Professions Code, or any similar or successor provisions of Federal
or State law, arising from purchases of goods, services or materials pursuant to this
Contract or the subcontract. This assignment shall be made and become effective at
the time the City tenders final payment to the Contractor, without further
acknowledgment by the parties.
8.0 ADDITIONAL ASSURANCES
r
January 2010
8.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.
Contractor certifies and represents that, during the performance of this contract,
the contractor and any other parties with whom it may subcontract shall adhere to equal
opportunity employment practices to assure that applicants and employees are treated
equally and are not discriminated against because of their race, religion, color, national
origin, ancestry, disability, sex, age, medical condition, marital status. Contractor further
certifies that it will not maintain any segregated facilities.
8.2 VERNON BUSINESS LICENSE. Contractor shall obtain, and pay
any and all costs associated therewith, any Vernon Business License which may be
required by the Vernon Municipal Code.
8.3 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have
access to and the right to audit and reproduce any of the Contractor's records to the
extent the City deems necessary to insure it is receiving all money to which it is entitled
under the Contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a
period of at least 3 years after termination of the Contract.
The Contractor shall maintain ali such records in the City of Vernon.
If not, the Contractor shall, upon request, promptly deliver the records to the City of
Vernon or reimburse the City for all reasonable and extra costs incurred in conducting
the audit at a location other than the City of Vernon, including, but not limited to, such
additional (out of the City) expenses for personnel, salaries, private auditors, travel,
lodging, meals and overhead.
8.4 CONFLICT. Contractor hereby represents, warrants and certifies
that no member, officer or employee of the Contractor is a director, officer or employee
of the City of Vernon, or a member of any of its boards, commissions or committees,
except to the extent permitted by law.
8.5 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit
twenty-five dollars ($25) for each worker employed in the execution of this Agreement
by the respective Contractor or subcontractor for each calendar day during which the
worker is required or permitted to work more than 8 hours in any one calendar day and
40 hours in any one calendar week in violation of the provisions of Sections 1810
through 1815 of the California Labor Code as a penalty paid to the City; provided,
however, work performed by employees of contractors in excess of 8 hours per day,
January 2010
and 40 hours during any one week, shall be permitted upon compensation for all hours
worked in excess of 8 hours per day at not less than 11/2 times the basic rate of pay.
8.6 LIVING WAGES. Contractor, or Subcontractor, if any, working on
City service contracts of any amount, as to all employees spending time on City
contracts shall observe the City's Living Wage Ordinance and all requirements thereof
at all times on City contracts. The Current Living Wage Standards are set forth in
Exhibit D. Upon request, certified payroll shall be provided to the City.
9
January 2010
IN WITNESS WHEREOF, the parties hereto have caused this Contract to
be executed by their duly authorized representatives as of the date set forth below.
City of Vernon, a California charter City and [CONTRACTOR'S NAME, a[State incorporates!
California municipal corporation in] corporation
Sy; By-
Mayor/Mayor Pro-Tem Name:
Title:
ATTEST:
By:
Name:
Ana Barcia, Deputy City Clerk
Title:
APPROVED AS TO FORM:
Hema Patel, City Attorney
10
January 2010
EXHIBIT A
SCOPE OF SERVICES
EXHIBIT B
PROPOSAL
EXHIBIT C
SCHEDULE
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30
per hour with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Qff:
Employers provide qualifying employees at least twelve compensated days off per year
for sick leave, vacation, or personal necessity, and an additional ten days a year of
uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with
regard to the employer's compliance with the living wage ordinance. Employees may
bring an action in Superior Court against an employer for back pay, treble damages for
willful violations, and attorney's fees, or to compel City officials to terminate the service
contract of violating employers.
Name of Co:
Project Title-
1. PLEASE PROVIDE THE BELOW LISTED DOCUMENTS TO YOUR PROJECT MANAGER.
2. PLEASE SUBMIT THESE IN ONE 1 PACKAGE WHEN YOU HAVE ALL DOCUMENTS IN
HAND, ALONG WITH THIS CHECK LIST, BECAUSE THEY WILL BE FORWARDED OVER AS
A GROUP TO OUR RISK MANAGER FOR APPROVAL:
Include on one or two Acord forms with the coverage limits, policy numbers, and dates for:
A.❑General Liability. Combined Single Limit of $1,000,000 per occurrence.
❑ Additional Insured Endorsement form(s) Naming as Additional Insured ("City of
Vernon, its Council Members, Commissioners, officers, employees and agents.)
Please provide either this: ❑CG 20 10 11 85;
or both of these forms CG 20 10 XX XX (for ongoing operations) AND
❑CG 20 37 XX XX (for completed operations).
❑ Endorsement Waiver of the Right of Subrogation for General Liability against the
City of Vernon.
❑ Coverage XCU is required if applicable
B.❑ Auto Liability. $100,000 combined single limits unless vehicles are not involved.
C.❑ Worker's Comp in statutory amounts. A separate certificate may be submitted. The City
need not be named as additional insured.
❑ Endorsement Waiver of the Right of Subrogation for Worker's Comp against the
City of Vernon.
I
Note: The Specification or Request for Insurance may be amended by the City, to require less or
greater requirements depending on the potential risk involved.
OTHER CRITICAL INCLUSIONS:
1. The City of Vernon shall be given 30 days written notice of cancellation or material change. The
certificate submitted will not be approved if it contains "best effort" modifiers or if it relieves the
insurer from responsibility for failure to give notice.
7/1/13
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RECIF-WED
CITY ADMINISTRATION
DEC 0 12014
CITY CLERK'S OFFICE STAFF REPORT
PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES
DATE: December 9,2014
TO: Honorable Mayor and City Council
(.
PREPARED BY: Rafael Contrera ,Project Engineer
APPROVED BY: Samuel Kevin Wilson, Director of Public Works, Water and Development
Services
RE: Approval of a Cooperative Agreement for the Metro Rapid Bus Station
Implementation project between the City of Vernon and the Los Angeles
County Metropolitan Transportation Authority ("Metro Rapid Bus
Shelter Funding Agreement")
Recommendation
It is recommended that the City Council:
1. Find that the approval of the Cooperative Agreement proposed in this staff report is
exempt under the California Environmental Quality Act(CEQA) in accordance with
Section 15301, Existing Facilities, part (c), existing highways and streets, sidewalks,
gutters, bicycle and pedestrian trails and similar facilities; and
2. Authorize the City Administrator to execute the Cooperative Agreement for the
Metro Rapid Bus Station Implementation project between the City of Vernon and the
Los Angeles County Metropolitan Transportation Authority (the "Agreement"), in
substantially the same form as submitted herewith. The Agreement would authorize the
Los Angeles County Metropolitan Transportation Authority to install Metro Rapid
station amenities at ten(10)Metro Rapid stop locations within the City's boundaries at no
cost to the City.
Background
The Los Angeles County Metropolitan Transportation Authority(LACMTA)is implementing the
Metro Rapid Five-Year Implementation Plan,which includes funds for the Metro Rapid stops/shelters
along each of the existing Metro Rapid Lines. Metro Rapid Transit service routes implement key
attributes, such as providing traffic signal priority for buses and increased bus stop spacing to improve the
service time and bus service frequency.There are three Metro Rapid bus routes operating in the City:
Vernon-La Cienega 705, Soto 751,and Long Beach 760. LACMTA proposes to install station amenities
consisting of the following components: bus shelters,benches, lighting,trash receptacles,advertisement
kiosks, and Metro Rapid poles and signs. The bus stop locations are shown below:
Rapid Location Direction Nearside/Farside Corner
Stop
1 Soto/Vernon Northbound Nearside Southeast
2 Soto/Vernon Southbound Nearside Northwest
3 Soto/Fruitland Northbound Nearside Southeast
4 Soto/Fruitland Southbound Nearside Northwest
5 Pacific/Santa Fe Eastbound Farside Southeast
6 Pacific/Santa Fe Westbound Nearside Northeast
7 Vernon/Santa Fe Westbound Farside Northwest
8 Pacific/RR Xing Westbound Nearside Northeast
9 Pacific/Fruitland Northbound Nearside Southeast
10 Pacific/Fruitland Southbound Nearside Northwest
Agreement
The Agreement provides the City with Metro Rapid station amenities along the three routes at ten(10)
locations within the City's limits. LACMTA will be responsible for the design,fabrication,and funding of
all station components and will coordinated with the implementation of the project with the City. The City
will be responsible for the removal and relocation of three existing bus shelters and coordination with
LACMTA and its contractor.
Fiscal Impact
As part of the Agreement, LACMTA will provide the City with a project budget of$28,000 to reimburse
the City for all eligible design and engineering review time and project management cost. The City shall
take ownership of the station amenities after installation and bear the maintenance cost for the useful
life of the project. There is no fiscal impact to the City at this time,the funds provided by Metro are
anticipated to cover the cost of City staff incurred by the project. Future maintenance cost for the station
amenities will be incorporated into future budgets as needed.
Attachments:
Conceptual Station Design
Cooperative Agreement
Conceptual Station Design
Bus Shelter
• Structure Style: Two post with offset canopy wings
• Structural Glass Canopy System
• Mounted with concrete footings
• Modular Design
o Approximately 13' in length
o Approximately 10' in height
o Canopy depth of approximately 5'6"and/or 7'6"—depending on sidewalk width
• LED lighting
• Solar powered
• Future retrofit of a real time passenger information display LED panel
Side View
1
Rear Wing Solar Heat Resistant Glass Canopy
i -
Rear View Night View with LED Lighting
MW
Trash Receptacle
• 45 gallon capacity
• Single-stream litter receptacle
• Surface mounted
Bench
• Bench with seat dividers/armrests
• Seating for three adults
• Surface mounted
Kiosk
• Surface mounted
Metro Lollipop Rapid Pylon
Signage illustrated in this package
is for DESIGN INTENT ONLY and
NOT FOR FABRICATION.
April t, 2014
Metro
(Pylon blade always points sway from the street,
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regulations urban environment for scale reference and not part
Optimal dimensions rang@ 6'to 9' of this scope of work
FRONT ELEVATION SIDE ELEVATION
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WA�efaunly one caraway place Pro nject Title 6 Description Issue Onto Designarlat Lead Designer Project Mgr Director,Art 6 Design /��_00
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ld—pa TunspwWlr NNvlq Les Myeln,ugwuagy iA-70E0 OE1OIl14 E Morrshlta S MtLaughlln K BJeno
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Metro ervea Mr mppgm andnhermeue wal properyngM lwnas,dasien riph,Indemare.mq Melro Lollipop Rapid Pylon AS NOTED
ulsany munul Worded or unumad on J,is/Jess papelay remains Ju property of UCMTA Theo
m.wek mar not be prmud,raped.reprndurW,republishM,displayed,modlfed,nosed,w vansmiped
nr way,wlJwur prior swnien A Wrmi—y be d UCNTA N olap,p Geadee Semus Depan
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FTA Grant No: CA-90-Y261 Agmt: FA.MRBSHEL65
FIS Grant No: 700139 CFDA: 20500
DUNS: 060883022
AGREEMENT
This Funding Agreement("Agreement") is dated for reference purposes only August 1, 2014,
and is by and between the Los Angeles County Metropolitan Transportation Authority
("LACMTA") and the City of Vernon(the "City") for Metro Rapid Bus Station
Implementation.
RECITALS:
A. The LACMTA Board of Directors, at its September 26, 2002 meeting, approved the
Metro Rapid Five-Year Implementation Plan(Attachment A)and set aside regional
funds to complete the program, including funds for Metro Rapid stops/shelters along
each of the existing Metro Rapid Lines.
B. In FY 2003, FY 2004, and FY 2006, Congress appropriated$40,001,229 of
Congestion Mitigation and Air Quality Improvement(CMAQ) funds for the Metro
Rapid Expansion Program. Additionally, in FY 2008, FY 2009, and FY 2010,
Congress appropriated$16,700,000 of Very Small Starts Section 5309 funds for the
Program.
The CMAQ funds and the Section 5309 funds (the"Federal Funds")have been
allocated for the purpose of constructing and implementing transit priority signal
systems and branded stations along Metro Rapid corridors.
C. LACMTA seeks to install new Metro Rapid bus station amenities along three Metro
Rapid corridors in the City, as set forth in the Scope of Work(Attachment B),the
Funding Plan(Attachment C),the Expenditure Plan(Attachment D) and the Project
Schedule(Attachment E), which are collectively referred to herein as the"Project."
D. The total Project budget is up to $28,000. LACMTA desires to pass through to the
City up to $22,133 of Federal Funds, up to $2,867 of LACMTA Proposition C 25%
Funds (the "Prop C Funds"), and up to $3,000 in LACMTA Local Funds (the
"Local Funds") for the Project. The City has agreed to provide any additional
funding necessary to complete the Project. Collectively, these funding amounts
constitute the Project budget and are referred to herein as the "Funds."
E. The parties hereby desire to execute this Agreement to authorize LACMTA to serve
as the"Pass Through Agency" for the Federal Funds and for LACMTA to grant the
Prop C Funds and Local Funds to the City, all as set forth herein.
Page 1 of 17
1. USE OF FUNDS
1.1 The City shall complete the Project as described in the Scope of
Work, attached as Attachment B and the Project Schedule, attached as Attachment E. The
Scope of Work includes a description of the Project, including without limitations, Project
tasks and deliverables. Work shall be delivered in accordance with the Project Schedule
unless agreed to by the Parties.
1.2 LACMTA shall provide Federal Funds to the City and to the extent
the Prop C Funds and Local Funds are available, LACMTA shall make a one-time grant to
the City in Prop C Funds and Local Funds for the Project, subject to the terms and
conditions contained herein. These Funds have been programmed to the Project as
follows: up to $14,000 in FY 2015, and up to $14,000 in FY 2016. All Federal funds are
contingent upon Federal appropriation and the Federal Transit Administration's (FTA)
approval of a grant application. All Prop C Funds and Local Funds are subject to annual
LACMTA Board of Directors approval of the fiscal year budget.
1.3 LACMTA shall install a Metro Rapid pole at each bus stop location as
set forth in the Scope of Work(Attachment B). The cost to manufacture and install the poles
is the responsibility of LACMTA and is not reflected in the Project budget contained in this
Agreement. If at any and all locations where the City prohibits or substantially delays
LACMTA from proceeding with installation of the pole,no other Project components will be
installed at said locations. Furthermore,the City will be ineligible for funding
reimbursements for all Project components implemented at said locations and must repay
100% of funding received from LACMTA for Project components implemented at said
locations.
1.4 The design and material specifications of all Project components set
forth in the Scope of Work are conceptual. Final design specifications and subsequent
installation of any and all Project components at each said location are subject to City
approval.
2. PAYMENT OF FEDERAL FUNDS
2.1 To the extent LACMTA receives Federal Funds pursuant to the
Federal Grant, LACMTA shall use such Federal Funds to reimburse the City for eligible
Project expenses as set forth herein. Advanced payments of Federal Funds by LACMTA
are not allowed.
2.2 Payments to the City will be processed by LACMTA within thirty(30)
calendar days after receipt of a Request for Reimbursement along with all supporting
documentation and substantiated invoice amounts. The City must also adhere to the
requirements of Section 4 in order for payments to be processed by LACMTA.
2.3 The City shall be subject to and comply with all requirements of the
Page 2 of 17
Federal Grant and other applicable requirements of the Federal Department of Transportation
(USDOT), Federal Department of Labor(DOL),FTA and of the LACMTA as required by
LACMTA to fulfill its responsibilities as the Grantee under the Federal Grant, and as a Pass
Through Agency.
3. TERM
The term of this Agreement shall commence on August 1, 2014 and shall terminate upon
satisfaction of each of the following conditions: (i)the agreed upon Scope of Work has been
completed; (ii) all LACMTA audit and reporting requirements have been satisfied; (iii)the
Federal Grant has been closed; and(iv)the final disbursement of the Funds has been made to
the City.
4. REQUEST FOR REIMBURSEMENT
4.1 All eligible Project expenses, as defined in the Scope of Work and
Expenditure Plan, incurred after the Agreement is executed shall be reimbursed in accordance
with the terms and conditions of this Agreement unless otherwise agreed to by the parties in
writing.
4.2 Once a quarter,the City will prepare and submit to LACMTA a
certified and original Request for Reimbursement for actual allowable Project costs
incurred and paid for by the City consistent with the Scope of Work. Disbursements shall
be made on a reimbursement basis using the Request for Reimbursement form which is part
of the Quarterly Progress/Expense Report attached to this Agreement as Attachment F.
Instructions on how to complete the Quarterly Progress/Expense Report can be found in the
Reporting & Expenditure Guidelines (Attachment G).
4.3 Each Request for Reimbursement will report the total Project
expenditures and will specify the percent and amount of Federal Funds, Prop C Funds, and
Local Funds to be reimbursed. The Prop C Funds are considered"local match" to the
Federal Funds and therefore the Prop C Funds must be invoiced in the appropriate
proportion to the Federal Funds with each billing period's expenditures. Each Request for
Reimbursement will be accompanied by the Quarterly Progress/Expense Report and
supporting documentation describing the overall work status and progress on Project tasks.
In accordance with Section 7.3, the Quarterly Progress/Expense Reports and associated
documentation, including but not limited to, Requests for Reimbursement and completed
and substantiated invoices, must be approved by LACMTA before grant payments can be
made to the City. Submittal of incomplete Requests for Reimbursement and/or associated
documentation will result in delayed funding disbursements to the City.
4.4 The City shall submit a draft Request for Reimbursement, including
completed and substantiated invoices, to the LACMTA Project Manager for review ten
(10) days prior to submitting each Request for Reimbursement.
Page 3 of 17
4.5 The Quarterly Progress/Expense Report with supporting
documentation of expenses and Project progress shall be sent to:
Los Angeles County Metropolitan Transportation Authority
Accounts Payable
P. O. Box 512296
Los Angeles, CA 90051-0296
Re: LACMTA FA#FA.MRBSHEL65
Scott Hartwell, Project Manager
Mail Stop: 99-23-2
With a copy mailed to:
Scott Hartwell,Project Manager
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
MS: 99-23-2
Los Angeles, CA 90012
4.6 LACMTA shall retain 5% of the invoice amount until LACMTA has
made a determination that all contract requirements under this Agreement, including the
reporting and audit requirements contained in Section 7, have been satisfactorily fulfilled.
4.7 LACMTA will make all disbursements electronically unless an
exception is requested in writing. Disbursements via Automated Clearing House (ACH)will
be made at no cost to the City. The City must complete the ACH form and submit such form
to LACMTA before any payments can be made.
4.8 Eligible project costs are described in the Scope of Work, Expenditure
Plan, Federal Grant and FTA guidelines.
4.9 Each Request for Reimbursement must be submitted on the City's
letterhead.
4.10 The City should consult with LACMTA staff for questions regarding
the eligibility of project expenses for reimbursements.
4.11 Total reimbursements shall not exceed the Federal Funds, Prop C
Funds, and Local Funds provided for the Project.
4.12 If any amounts paid to the City are disallowed or not reimbursed by
the FTA or LACMTA for any reason, the City shall remit to LACMTA the disallowed or
non-reimbursed amount(s) within 30 days from receipt of LACMTA's notice. All
payments made by LACMTA hereunder are subject to the audit provisions contained
herein.
Page 4 of 17
5. EFFECTIVE DATE AND START OF REIMBURSABLE ACTIVITIES
Unless written notification is otherwise provided by LACMTA, the effective date and start
date of reimbursable activities is the date LACMTA and the City execute this Agreement
and LACMTA has entered into the Federal Grant agreement.
6. FEDERAL AND PROP C REOUIREMENTS
6.1 The City shall utilize the Funds to complete the Project as described in
the Scope of Work and in accordance with this Agreement,the Reporting and Expenditure
Guidelines,the Federal Grant and the most recently adopted LACMTA Prop C Guidelines
for the type of Prop C funds granted by LACMTA hereunder(the "Guidelines"). Attachment
B shall constitute the agreed upon Scope of Work between LACMTA and the City for the
Project. The Funds, as provided under this Agreement, can only be used towards the
completion of the Scope of Work.
6.2 The City's project administration direct costs may be invoiced for up
to 5% of the actual grant-eligible project costs. Project administration may consist of direct
expenses for grants management, project accounting, or procurement activities. Costs for
project administration that exceed 5% shall require LACMTA's prior approval of a Project
Administration Staffing Plan. No indirect costs may be invoiced to the Project; provided,
however, if the City has a federally approved Cost Allocation Plan for the applicable fiscal
year, the City may invoice for indirect costs consistent with the federally approved Cost
Allocation Plan.
6.3 Costs for design, construction, inspection, or construction
management activities may be incurred using the City's labor forces based on one or more of
the following conditions: (1) cost savings, (2)exclusive expertise, (3) safety and efficiency of
operations, and (4)union agreement. The City must submit to LACMTA a Force Account
Plan, if labor forces exceed $100,000,before any Federal Funds can be disbursed to the City
for the City's labor expenses. The Force Account Plan must be consistent with FTA
requirements and approved by LACMTA.
6.4 The City understands that the Funds include Federal Funds and FTA
requirements apply to the use of the Federal Funds. All FTA requirements and guidelines as
summarized in the FTA Master Agreement are incorporated by reference herein as part of
this Agreement. These requirements include,but are not limited to:
(a) Assurances of legal authority
(b) Certification of non-debarment, suspension or termination
(c) Certification of a drug-free workplace
(d) Intergovernmental review
(e) Civil Rights review, including Title VI Program review
(f) Disadvantaged Business Enterprise (DBE) assurances
(g) Disability nondiscrimination (ADA)
Page 5 of 17
(h) Office of Management and Budget (OMB) certification
(i) Lobbying certifications
0) Buy America requirements
(k) NEPA environmental review
(1) Single audit requirements
(m) Circular 9300.113 (Section 5309)
(n) Circular 5010.1D (Grants Management)
(o) Circular 4220.1 F (Third-Party Contracting)
(p) Section 5333(b) requirements
6.5 LACMTA shall not be responsible for providing any funding to
substitute for the Federal Funds in the event the Federal Funds for this Project are withdrawn,
recalled or not appropriated for any reason.
6.6 The City is responsible for the relocation of existing bus shelters,
while LACMTA is responsible for construction/installation of all other Project components.
All necessary permits and approvals from the appropriate agencies must be obtained for
Project implementation and the Project must fully comply with the Americans with
Disabilities Act(ADA).
6.7 Should LACMTA,DOL and FTA require amendments,revisions,
deletions of, or additions to the provisions contained within this Agreement,the City agrees
to execute promptly all such amendments,revisions,deletions, or additions, as necessary,to
comply with LACMTA, DOL and FTA requirements.
6.8 The City shall not use the Prop C Funds and/or LACMTA Local
Funds to substitute for any other funds or projects not specified in this Agreement.
6.9 The City must use the Prop C Funds and LACMTA Local Funds in
the most cost-effective manner. If the City intends to use a consultant or contractor to
implement all or part of the Project, LACMTA requires that such activities be procured in
accordance with the City's contracting procedures and consistent with State and Federal law.
The City will also use the Prop C Funds in the most cost-effective manner when the Prop C
Funds are used to pay"in-house" staff time. The City staff or consultant with project
oversight roles cannot award work to companies in which they have a financial or personal
interest. This effective use of funds provision will be verified by LACMTA through on-
going Project monitoring and through any LACMTA interim and final audits.
6.10 If the City desires to use the Prop C Funds and/or LACMTA Local
Funds to purchase/lease equipment(i.e., vehicles, computers, etc.) necessary to perform or
provide the services disclosed in the Scope of Work, the City must obtain LACMTA's
written consent prior to purchasing/leasing specific equipment. Equipment
purchased/leased without such prior written consent shall be deemed an unallowable
expenditure of the Prop C Funds and/or LACMTA Local Funds. If a facility, equipment
(such as computer hardware or software), vehicle or property, purchased or leased using the
Prop C Funds or LACMTA Local Funds, ceases to be used for the proper use as originally
Page 6 of 17
stated in the Scope of Work, or the Project is discontinued, any Prop C Funds or LACMTA
Local Funds expended for that purpose must be returned to LACMTA and the City will be
required to repay the Funds in proportion to the remaining useful life in accordance with
the Guidelines.
6.11 The "FTIP PROJECT SHEET" is attached as Attachment H and is
required to ensure that the Project is programmed correctly in the most up-to-date FTIP
document. The FTIP PROJECT SHEET can be found in the ProgramMetro FTIP database
under the reports section at http://propram.metro.net, All projects that receive Federal
Funding must be programmed into the FTIP which includes locally funded regionally
significant projects for information and air quality modeling purposes. LACMTA shall
review the Project in ProgramMetro each year and update or correct the Project as necessary
during a scheduled FTIP amendment or adoption. Changes to the FTIP through
ProgramMetro will be made as soon as possible, but no later than October 1 of the year the
change or update is effective.
6.12 On September 26, 2002,the LACMTA Board of Directors required
that prior to receiving Prop C 10% or 25% grant funds, the City must meet a Maintenance of
Efforts (MOE)requirement consistent with the State of California's MOE as determined by
the State Controller's office. With regard to enforcing the MOE, LACMTA will follow the
State of California's MOE requirement, including, without limitation, suspension and re-
implementation.
7. REPORTING AND AUDIT REQUIREMENTS
7.1 The City shall be subject to and shall comply with all applicable
requirements of LACMTA, FTA and DOL regarding Project reporting and audit
requirements. The City shall use the assigned FTA Grant number CA-90-Y261 on all
correspondence.
7.2 The City shall submit the following Reports and Certifications to
LACMTA for the duration of the Project:
(a) Quarterly Narrative and Financial Report on Project progress
(b) Copy of the City's official annual fiscal report
(c) Copy of the City's annual independent A-133 single audit
report of the Project
(d) Annual FTA compliance self-certification
(e) Other reports that may be required
7.3 The City shall submit the Quarterly Progress/Expenditure Report
(Attachment F) within fifteen(15) days after the close of each quarter in the months of
October, January,April and August. Should the City fail to submit such reports within 10
days of the due date and/or submit incomplete reports, LACMTA will not reimburse the City
until the completed required reports are received,reviewed, approved. The Quarterly
Page 7 of 17
Progress/Expenditure Report shall include all appropriate documentation(such as contractor
invoices,timesheets, receipts, etc.). All supporting documents must include a clear
justification and explanation of their relevance to the Project. If no activity has occurred
during a particular quarter, the City will still be required to submit the Quarterly
Progress/Expenditure Report indicating no dollars were expended that quarter.
7.4 LACMTA and FTA, and/or their respective designee shall have the
right to conduct audits of the Project, as needed, such as financial and compliance audits,
interim audits, pre-award audits,performance audits and final audits. The City shall establish
and maintain proper accounting procedures and cash management records and documents in
accordance with Generally Accepted Accounting Principles (GAAP) as applied to public
agencies. The City's expenditures submitted to LACMTA for this project shall be in
compliance with Federal Acquisition Regulations, Subpart 31 (FAR). The City shall
reimburse LACMTA for any expenditure not in compliance with the Scope of Work or other
terms and conditions of this Agreement, or other applicable requirements of LACMTA, FTA
or as required under the Federal Grant. LACMTA shall use the Federal Acquisition
Regulations(FAR) standards in determining the reasonableness of costs incurred. LACMTA
shall have the right to conduct a final LACMTA audit using an outside auditing firm. The
findings of that LACMTA audit will be final. When LACMTA audit findings require the
City to return monies to LACMTA,the City agrees to return the monies within thirty(30)
days after the final audit is sent to the City.
7.5 The City shall retain all original records and documents related to the
Project for a period of three (3)years after final payment is made or in accordance with the
Federal Grant, whichever time period is longer. The City's records shall include, without
limitation, accounting records, written policies and procedures, contract files, original
estimates, correspondence, change order files (including documentation covering
negotiated settlements), invoices, and any other supporting evidence deemed necessary by
LACMTA to substantiate charges related to the Project (all collectively referred to as
"records") shall be open to inspection and subject to audit and reproduction by LACMTA
auditors or authorized representatives to the extent deemed necessary by LACMTA to
adequately permit evaluation of expended costs. Such records subject to audit shall also
include, without limitation, those records deemed necessary by LACMTA to evaluate and
verify, direct and indirect costs, (including overhead allocations) as they may apply to costs
associated with the Project. Payment of retention amounts shall not occur until after the
LACMTA's final audit is completed.
7.6 The City shall cause all contractors to comply with the requirements
of Sections 7.4 and 7.5 above. The City shall cause all contractors to cooperate fully in
furnishing or in making available to LACMTA all records deemed necessary by LACMTA
auditors or authorized representatives related to the Project.
7.7 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall be afforded access to all of the records of the City and its
contractors related to the Project, and shall be allowed to interview any employee of the
City and its contractors through final payment to the extent reasonably practicable.
Page 8 of 17
7.8 LACMTA or any of its duly authorized representatives, upon
reasonable written notice, shall have access to the offices of the City and its contractors,
shall have access to all necessary records, including reproduction at no charge to
LACMTA, and shall be provided adequate and appropriate work space in order to conduct
audits in compliance with the terms and conditions of this Agreement.
7.9 When business travel associated with the Project requires use of a
vehicle,the mileage incurred shall be reimbursed at the mileage rates set by the Internal
Revenue Service, as indicated in the United States General Services Administration Federal
Travel Regulation, Privately Owned Vehicle Reimbursement Rates.
7.10 In accordance with Section 7.2 (c),the City shall obtain the services of
an independent auditor to conduct a single audit of the Project each year in conformance with
the provisions of OMB Circular A-133. The audit shall also include an audit of this
Agreement, as a pass through of US Department of Transportation funds. The City shall
submit a copy of each single audit to LACMTA within thirty(30) days of its completion.
8. EXPENDITURE AND DISPOSITION OF FUNDS
8.1 The expenditure and disposition of the Federal Funds by the City shall
be subject to and in accordance with the terms and conditions of this Agreement,the Federal
Grant and applicable requirements of the LACMTA and FTA. The City shall not utilize the
Federal Funds in any way or on any project other than that specified in this Agreement and
the Federal Grant.
8.2 The Funding Plan lists the sources of funds for the Project and is
attached to this Agreement as Attachment C.
8.3 The City shall be responsible for ensuring that(1)the contractor has
completed all of the Work, (2)the contractor has performed the Work in accordance with all
applicable Project requirements and(3)all punch list items are completed. Upon completion
of the punch list, the City shall issue a Substantial Completion Statement. LACMTA shall
inform the City of any outstanding Project issue prior to the issuance of the Substantial
Completion Statement.
8.4 The City agrees to secure and provide additional non-LACMTA
programmed funds necessary to complete the Project, if the Funds identified in Attachment
C are insufficient to complete the Project.
8.5 The City is responsible for any and all cost overruns incurred as a
result of this Project. Under no circumstance will the total amount of money that
LACMTA reimburses the City exceed the amount of the Funds. Upon purchase, all Project
components, with the exception of the Metro Rapid pole as set forth in the Scope of Work,
will become the property of the City, who shall be responsible for covering all maintenance
and repair costs over the entire useful life of this federally funded Project. LACMTA will
Page 9 of 17
be responsible for covering all maintenance and repair costs over the entire useful life of
the Metro Rapid pole.
8.6 No material changes, as determined by LACMTA in its reasonable
discretion and subject to the final discretion of the FTA,to the Funding Plan or the Scope of
Work shall be funded or allowed without an amendment to this Agreement approved and
signed by LACMTA's Chief Executive Officer or his designee. The City shall give advance
notice to LACMTA of all proposed changes to the Funding Plan or Scope of Work that the
City submits to LACMTA.
8.7 Upon completion of the Project described in the Scope of Work and
disposition of the 5%retention, any unused Federal Funds shall revert back to the FTA and
any unused Prop C Funds shall revert back to LACMTA.
8.8 The obligation for LACMTA to grant the Prop C Funds for the Project
is subject to sufficient Prop C Funds being made available for the Project by the LACMTA
Board of Directors. If such Prop C Funds are not available for the Project,this Agreement
shall be void and LACMTA shall have no obligation to provide the Prop C Funds for the
Project unless otherwise agreed to in writing by LACMTA.
9. TIMELY USE OF FUNDS
9.1 The City shall demonstrate timely use of the Funds by expending the
Funds for allowable costs within 36 months from July 1 of the Fiscal Year in which the
Funds are programmed, unless otherwise stated in this Agreement. All funds programmed in
FY 2015 are subject to lapse by June 30, 2017. All Funds programmed for FY 2016 are
subject to lapse by June 30, 2018.
9.2 In the event this Agreement is not executed and/or evidence of timely
use of the Funds is not demonstrated as described in Section 9.1 of this Agreement,the
Project will be re-evaluated by LACMTA and the Funds may be subject to deobligation
consistent with FTA requirements. In the event that the Funds are deobligated,this
Agreement shall automatically terminate.
10. DEFAULT
A Default under this Agreement is defined as any one or more of the following: (i)the City
fails to comply with the terms and conditions contained in this Agreement, the Grant and the
Guidelines; (ii)the City fails to perform satisfactorily or to make sufficient progress toward
completion, or in breach of Section 8.6 makes a material change to the Scope of Work or the
Funding Plan without LACMTA's and FTA's prior written consent or approval; or(iii)the
City is in default of any other applicable requirements of LACMTA or FTA.
Page 10 of 17
11. REMEDIES
11.1 In the event of a Default by the City, LACMTA shall provide written
notice of such Default to the City with a 30-day period to cure the Default. In the event the
City fails to cure the Default, or commit to cure the Default and commence the same within
such 30 day period and to the satisfaction of LACMTA, LACMTA shall have the following
remedies: (i)LACMTA may terminate this Agreement; (ii) LACMTA may make a
determination to make no further disbursements of funds to the City; (iii) LACMTA may
recover from the City any funds paid to the City after the Default; and/or(iv) any remedies
the FTA may have under the Federal Grant.
11.2 Effective upon receipt of written notice of termination from
LACMTA,the City shall not undertake any new work with respect to this Agreement unless
so approved by LACMTA in writing, in which case the disbursement of funds shall continue
in accordance with this Agreement.
11.3 The remedies described herein are non-exclusive. LACMTA shall
have the right to enforce any and all rights and remedies herein or which may be now or
hereafter available at law or in equity.
12. SECTION 5333(b)REQUIREMENTS
12.1 For purposes of satisfying the requirements of Section 5333(b) of Title
49 of the U.S. Code(commonly known as Section 13c), the City shall,by signing this
Agreement, certify its acceptance of the terms and conditions of any and all Capital
Assistance Protective Arrangements, and any other Section 5333(b)protections certified by
the Department of Labor as applicable to any Federal funding received by the City.
12.2 The City shall indemnify, defend and hold harmless LACMTA and its
employees, officers and agents for any claims properly brought by mass transportation
employees in the City's service area pursuant to the Special Warranty, or any other Section
5333(b) agreement,that may be filed against LACMTA and that arises from any or all of the
Funds awarded to the City for the Project.
13. COMMUNICATIONS
13.1 The City shall ensure that all Communication Materials contain
recognition of LACMTA's contribution to the Project as more particularly set forth in
"Funding Agreement Communications Materials Guidelines" available online
(httr)://media.metro.net/proiects studies/call ro'ects/ima es/130715 funding agreement
communications materials guidelines.pdf) or from the LACMTA Project Manager. The
Funding Agreement Communications Materials Guidelines may be changed from time to
time during the course of this Agreement. The City shall be responsible for complying
with the latest Funding Agreement Communications Materials Guidelines during the term
Page 11 of 17
of this Existing Agreement, unless otherwise specifically authorized in writing by the
LACMTA Chief Communications Officer.
13.2 For purposes of this Existing Agreement, "Communications
Materials" include, but are not limited to, press events, public and external newsletters,
printed materials, advertising, websites, radio and public service announcements, electronic
media, and construction site signage. A more detailed definition of"Communications
Materials" is found in the Funding Agreement Communications Materials Guidelines,
13.3 The Metro logo is a trademarked item that shall be reproduced and
displayed in accordance with specific graphic guidelines. These guidelines and logo files
including scalable vector files will be available through the LACMTA Project Manager.
13.4 The City shall ensure that any subcontractor, including, but not
limited to, public relations, public affairs, and/or marketing firms hired to produce Project
Communications Materials for public and external purposes will comply with the
requirements contained in this Section.
13.5 The LACMTA Project Manager shall be responsible for monitoring
City compliance with the terms and conditions of this Section. City failure to comply with
the terms of this Section shall be deemed a default hereunder and LACMTA shall have all
rights and remedies set forth herein.
14. OTHER TERMS AND CONDITIONS
14.1 This Agreement along with the applicable requirements of the FTA,
DOL, LACMTA and the Federal Grant and the attachments and the Guidelines, constitutes
the entire understanding between the parties, with respect to the subject matter herein. The
Agreement shall not be amended,nor any provisions or breach hereof waived, except in
writing signed by the parties who agreed to the original Agreement. Adoption or revisions or
supplements to the Guidelines shall cause such revisions or supplements to become
incorporated automatically into this Agreement as though fully set forth herein.
14.2 The City is obligated to continue using the Project dedicated to the
public transportation purposes for which the Project was initially approved. The Project
right-of-way, the Project facilities constructed or reconstructed on the Project site, and/or
Project property purchased, excluding construction easements and excess property, shall
remain dedicated to public transportation use in the same proportion and scope and to the
same extent as described in this Agreement. Equipment acquired as part of the Project shall
be dedicated to that use for their full economic life cycle, including any extensions of that life
cycle achieved by reconstruction,rehabilitation, or enhancements. Furthermore, any
proposed modifications and/or removal of Project equipment affecting the Metro Rapid
pole at any bus stop included in the Project Scope of Work must be approved by
LACMTA. If LACMTA approval is not obtained under such circumstances, the City will
be required to repay the Funds associated with all Project components at said bus stops
Page 12 of 17
where such modifications were made. Funds to be repaid must be in the amount
proportional to the remaining useful life of all Project components.
14.3 Neither LACMTA nor any officer or employee thereof shall be
responsible for any damage or liability occurring by reason of anything done or committed to
be done by the City under or in connection with any work performed by, and/or service
provided by,the City, its officers, agents, employees, contractors and subcontractors under
this Agreement or the Guidelines. The City shall fully indemnify, defend and hold LACMTA
and its officers, agents and employees harmless from and against any liability and expenses,
including without limitation, defense costs, any costs or liability on account of bodily injury,
death or personal injury of any person or for damage to or loss of use of property, any
environmental obligation, any legal fees and any claims for damages of any nature
whatsoever arising out of the Project, including, without limitation: (i) use of the Funds by
the City, or its officers, agents, employees, contractors or subcontractors; (ii)challenges,
claims or litigation filed on behalf of any affected transportation provider and/or employees'
union; (iii)breach of the City obligations under this Agreement; or(iv)any act or omission of
the City, or its officers, agents,employees, contractors or subcontractors in the performance
of the work or the provision of the services including, without limitation,the Scope of Work
described in this Agreement.
14.4 Neither party hereto shall be considered in default in the performance
of its obligations hereunder to the extent that the performance of any such obligation is
prevented or delayed by unforeseen causes including acts of God, floods, earthquake, fire,
acts of a public enemy, and government acts beyond the control and without fault or
negligence of the affected party. Each party hereto shall give notice promptly to the other of
the nature and extent of any such circumstances claimed to delay,hinder, or prevent
performance of any obligations under this Agreement
14.5 The City shall comply with and ensure that work performed under this
Agreement is done in compliance with Generally Accepted Accounting Principles (GAAP),
all applicable provisions of federal, state and local laws, statutes, ordinances,rules,
regulations and procedural requirements, including without limitation,Federal Acquisition
Regulations (FAR) and the applicable requirements and regulations of LACMTA. The City
acknowledges responsibility for obtaining copies of and complying with the terms of the most
recent federal, state or local laws and regulations and LACMTA requirements, including any
amendments thereto. LACMTA will notify the City of any changes in federal project
requirements.
14.6 The City shall not assign this Agreement, or any part thereof, without
written consent and prior approval of LACMTA Chief Executive Officer or his designee, and
any assignment without said consent shall be void and unenforceable. Subject to all
requirements of this Agreement, the Federal Grant and all other applicable requirements of
LACMTA and FTA, including without limitation the requirement that design and
construction services be competitively procured,the City may contract with other entities,
including its affiliates in a project management role,to implement this Agreement.
Page 13 of 17
14.7 This Agreement shall be governed by California law and applicable
federal law. If any provision of this Agreement is held by a court of competent jurisdiction to
be invalid,void, or unenforceable,the remaining provisions shall nevertheless continue in
full force without being impaired or invalidated in any way.
14.8 The terms of this Agreement shall inure to the benefit of, and shall be
binding upon, each of the parties and their respective successors and assigns.
14.9 The City in the performance of the work required by this Agreement is
not a contractor nor an agent or employee of LACMTA and attests to no organizational or
personal conflicts of interest and agrees to notify LACMTA immediately in the event that a
conflict, or the appearance thereof, arises. The City shall not represent itself as an agent or
employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise.
14.10 The City agrees to comply with United States (U.S.)Department of
Transportation(DOT)regulations,"Uniform Administrative Requirements for Grants and
Cooperative Agreements to public agencies,"49 C.F.R. Part 18.
14.11 The City agrees that federal laws and regulations control Project
award and implementation. The City also agrees that federal directives as defined in the FTA
Master Agreement set forth federal terms applicable to the Project, except to the extent that
FTA determines otherwise in writing. The City understands and agrees that unless FTA has
offered express written approval of alternative procedure or course of action differing from a
procedure or course of action set forth in the applicable federal directive,the City may incur a
violation of the terms of its Agreement if it implements an alternative procedure or course of
action not approved by FTA. LACMTA will notify the City of any changes in federal project
requirements.
14.12 The City understands and agrees that Federal laws,regulations, and
directives applicable to the Project and to the Applicant on the date on which the FTA
Authorized Official awards Federal assistance for the Project may be modified from time to
time. In particular, new Federal laws, regulations and directives may become effective after
the date on which the City executes the Agreement for the Project, and might apply to that
Agreement. The City agrees that the most recent of such Federal laws,regulations and
directives will govern the administration of the Project at any particular time, except to the
extent FTA determines otherwise in writing.
14.13 The City understands and agrees that it will make reference to the
Catalog of Federal Domestic Assistance(CFDA) number(20500) for the 5309 Program in all
its correspondence and reports including quarterly progress and single audit reports and
invoices.
14.14 Notice will be given to the parties at the address specified below
unless otherwise notified in writing of any changes.
Page 14 of 17
Notices to LACMTA shall be addressed to:
Scott Hartwell, Project Manager
Los Angeles County Metropolitan Transportation Authority
One Gateway Plaza
MS: 99-23-2
Los Angeles, CA 90012
Notices to the City shall be addressed to:
Rafael Contreras, Project Engineer
City of Vernon
Public Works, Water, &Development Services Dept.
4305 Santa Fe Ave.
Vernon, CA 90058
14.15 The City shall address all correspondence to the FTA regarding this
Project through the LACMTA Project Manager.
14.16 The City will advise LACMTA prior to any key Project staffing
changes.
Page 15 of 17
ATTACHMENTS:
Attachment A: LACMTA Board Approval of the Metro Rapid Five-Year Implementation
Plan
Attachment B: Scope of Work
Attachment C: Funding Plan
Attachment D: Expenditure Plan
Attachment E: Project Schedule
Attachment F: Quarterly Progress/Expense Report
Attachment G: Reporting&Expenditure Guidelines
Attachment H: Project FTIP Sheet
Page 16 of 17
IN WITNESS WHEREOF,the parties have caused this Agreement to be executed
by their duly authorized representatives as of the date written above.
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY
B
ARTHUR T. LEAHY Date T
Chief Executive Officer
APPROVED AS TO FORM:
JOHN F. KRATTLI
County Counsel
By: ; '/u,(
�Tux
CITY OF VERNON
By:
MARK WHITWORTH Date
City Administrator
By:
SCOTT PORTER Date
Deputy City Attorney
By:
ANA BARCIA Date
Deputy City Clerk
Page 17 of 17
0311&P220cm
ATTACHMENT A
PLANNING AND PROGRAMMING COMMITTEE
MSeptember 18, 2002
Metropolitan SUBJECT: METRO RAPID FIVE-YEAR IMPLEMENTATION PLAN
Transportation ACTION: APPROVE IMPLEMENTATION OF THE METRO RAPID
Authority
FIVE-YEAR IMPLEMENTATION PLAN
One Gateway Plaza
Los Angeles,CA
900 1 2-29 5z RECOMMENDATIONS
A. Adopt the Metro Rapid Five-Year Implementation Plan report findings and
accelerated, phased countywide expansion plan (Attachment A);
B. Set aside $92.3 million of future regional funds to complete the Metro Rapid Five-
Year Implementation Plan (Attachment A.Table 10);
C. Amend the FY 2003 Special Revenue budget to include $3.8 million for Phase 9
station construction. Funds are included in the FY 2002 Regional TIP for this
purpose;
D. Authorize the Chief Executive Officer to negotiate and execute agreements with
the local jurisdictions in each corridor so as to expedite deployment of the Five-
Year Implementation Plan.
ISSUE
In February 2002, NITA adopted the Metro Rapid Expansion Program, a conceptual
plan for expanding the Metro Rapid Demonstration Program. The Expansion Program
recommended implementing countywide Metro Rapid service,and included a
selection process for evaluating the merits of candidate corridors. To build on the
program's success, the Board requested that staff develop an accelerated deployment
plan and return to the Board for consideration.
Staff is presenting a Metro Rapid Five-Year Implementation Plan which recommends
dedicating$92.3 million of regional funds to implement 24 lines on an accelerated
schedule by 2008. This recommended funding will be used to construct bus signal
priority, stations, and related communications equipment.
This Plan was developed following a rigorous selection process to identify both MTA
and Municipal Operator corridors where Metro Rapid Program service would best
meet the needs of transit patrons (Attachment A). Corridors were evaluated on the
basis of existing success (current transit service), potential success (corridor transit
potential), and the need for transit (corridor transit dependence). As a result of the
above process, 24 corridors have been identified for inclusion in the Metro Rapid Five-Year
Implementation Plan.
POLICY IMPLICATIONS
The purpose of the Metro Rapid Five-year Implementation Plan is to introduce a new,high
quality mode of transit that will offer faster travel choices for bus riders,especially the transit-
dependent. The Metro Rapid Program is an integral part of the adopted Long Range
Transportation Plan.
OPTIONS
Options considered include(1)continuing to operate Metro Rapid along the two demonstration
corridors, but not expanding the Metro Rapid Program beyond these corridors,and(2)expanding
the demonstration program with one or two additional corridors and evaluating the results of the
expanded demonstration prior to recommending a countywide system expansion of the program.
Option I is not recommended because of the success of the Metro Rapid Demonstration
Program. Passenger travel times and service quality have been improved to the point that they
are now noticed and appreciated by the public. Ridership has increased significantly as a result.
Option 2 is not recommended because data from the two Demonstration lines was found to be
more than adequate to develop reliable and consistent findings and recommendations.
FINANCIAL IMPACT
Operating and capital cost estimates presented in the Implementation Plan are predicated on the
following assumptions.
Operating costs—Implementation of the Broadway and Vermont corridors in December 2002 is
scheduled at approximately 5,300 revenue service hours($1.1 million)more than pre-existing
levels during FY 2003. Funds to implement these services are available within the existing
FY 2003 budget.
When complete in FY 2008,the Implementation Plan provides a net increase of 15.646 annual
revenue hours for the 24 expansion corridors over the pre-existing service levels in those
corridors. This increase in service is within the levels assumed in the 10-year forecast.
However,based on ridership increases experienced on the two Metro Rapid demonstration
corridors,it is likely that additional capacity will be needed beyond the above funding. In such
cases, staff will develop for Board consideration corridor-specific plans to cover the increase in
operating costs.
Capital Costs--Capital cost estimates are derived from the Metro Rapid Demonstration Program.
Given the same design and quality of station construction, the same bus signal priority and"next
trip"display technology, and additional equipment to maintain and monitor each corridor,one-
time capital costs associated with implementing the entire program are estimated at$110.5
million,escalated(Five-Year Implementation Plan,Table 10).
MHrO Rapid FIVvYCar IMPIMEDU60n Plan Pipe 2
Funding for the continued implementation of Phase II is consistent with the 10-year financial
forecast and included in the Long Range Transportation Plan but not in the MTA FY 2003
budget. Approval of this action would direct staff to include Phase H capital expenditures and
revenues in MTA's Special Revenue budget. Approximately$4.5 million will be transferred
from the MTA Capital budget since the assets constructed will not become MTA property.
Additionally,the FY 2003 Budget does not include station construction expenditures and
revenues for Phase II of$3.8 million that were approved by the State after the budget was
prepared.
BACKGROUND
The Metro Rapid Demonstration Program has proven successful with the implementation of key
attributes,including unique vehicle and station"branding",transit signal priority,special stations
with "next trip"displays and information kiosks,and"rail-like"operating characteristics. This
has resulted in passenger travel times reduced by approximately 25 percent and a nearly 40
percent increase in ridership, with one-third of the increase new to public transit. Based on this
success, staff developed the Metro Rapid Expansion Program and presented it to the Board in
February 2002. The Expansion Program identified the corridors which best met the programs'
goals and objectives,and recommended a phasing plan designed to construct a network of Metro
Rapid service over the next eleven years.
Accelerated Deployment
At the Board's request to accelerate deployment of the Metro Rapid Program,staff developed the
Metro Rapid Five-year Implementation Plan(Attachment A). The implementation Plan
identifies the operating and capital costs associated with constructing and operating each
corridor,and proposes a five-phase accelerated deployment schedule significantly shorter than
that presented in the original Expansion Program.While significant staff work will be needed to
refine the Plan as it moves forward to actual implementation, the accelerated schedule is
achievable.contingent on resolving the following issues.
A construction~ and implementation critical path was developed for the initial phase of the Metro
Rapid expansion program. Issues considered in the critical path included station design,
fabrication,and installation;signal priority design,construction, and testing; vehicle procurement
and make-ready;schedule development and operational training; marketing campaigns; and
execution of the contracts and agreements necessary to fund the construction program. Two key
elements in the critical path were the station construction and signal priority implementation
schedules.
While it is unlikely that the station construction contract between the City of Los Angeles and
MTA will be executed in time to complete construction prior to the opening of the first two
expansion corridors planned for this December(Vermont and Broadway), it is expected that
station development will keep pace with the Metro Rapid phased corridor implementation plan
after that point.
Mena Rapid Svc-Year Impletuntation Plan Page 3
The critical element in the Metro Rapid expansion schedule is the construction of bus signal
priority in the City of Los Angeles,Los Angeles County, and other cities. The City of Los
Angeles is currently capable of deploying approximately 20 miles of signal priority per year. The
City believes,however,that they can double the current rate of construction provided that
additional resources are made available either through LADOT in-house staffing or a contractor.
Accelerated implementation of the Five-Year Implementation Plan is dependent on LADOT
resolving this important issue.
The County of Los Angeles recently began bus signal priority construction along Whittier
Boulevard as part of the WilshirefWhittier Metro Rapid. The City of Beverly Hills will soon
begin construction along Wilshire Boulevard,also as part of the Wilshire/Whittier Metro Rapid.
Staff will work closely with the cities in each corridor to expedite bus signal priority construction
as future corridors are implemented. Table 7 of the Five-Year Implementation Plan presents the
accelerated deployment schedule.
Degloyment Within Available Revenue
The Five-Year Implementation Plan assumes deployment of all Phase II Metro Rapid corridors
within available operating revenues. In order to meet this financial objective,and taking into
account the efficiency improvements resulting from both faster operating speeds and restructured
operator schedules,the following modifications in Metro Rapid attributes were made. Staff will
identify additional operating hours should ridership exceed the added capacity.
• Seven Day Service—the policy of providing Metro Rapid service seven days a week
has been modified to allow deployment only within available revenue. in some cases,
operation of six or seven day schedules is appropriate regardless of operating cost
constraints; in other cases expansion to a seven day service is sound only if funds
become available.The proposed span of Metro Rapid service recommends that 5 of
the 24 Metro Rapid expansion corridors operate seven-days a week, 5 operate
weekdays and Saturdays,G operate ali-day on just weekdays,and 7 operate in just
weekday peak periods.
• Minimum Service Frequencies--the Metro Rapid program calls for very frequent
service as one of the basic attributes, with at least 10-minute peak and 12-minute off-
peak service in order to attract riders. However, 19 of the planned 24 Metro Rapid
expansion corridors will initially not meet these minimum standard frequencies. The
impact of less frequent service will vary from corridor to corridor,but will result in
less ridership growth until additional service can be added.
• Service Capacity—when implementing the Metro Rapid Demonstration Program,
additional capacity was deployed from the outset. On one corridor(Ventura)this
capacity was adequate for passenger needs. However, the second corridor
(Wilshire/Whittier)has required ongoing increases in capacity to meet ridership
growth. Expansion of Metro Rapid service within available operating revenue
requires that each line be scheduled as close to existing hours as possible while
Memo Rapid Rre•Year Impfc=ntalmn Ptan Page 4
allowing the miles to increase due to increased operating speeds and schedule
restructuring. It is anticipated that additional operating resources may be needed to
meet ridership demand.
NEXT STEPS
Consistent with the proposed phasing plan, and working closely with each Service Sector,
agreements will be executed with local jurisdictions to design and construct the signal priority
and station elements of the program. To expedite implementation,staff will work with the
Municipal Operators to accelerate those corridors which have been prepared for Metro Rapid
deployment. Improvements to both the system attributes and operational performance of the
program will be made, in part, based on the results of a recent MTA-sponsored Metro Rapid
operator/customer survey. Consistent with the survey recommendations,staff will consider
implementing one or more of the Metro Rapid attributes on other regional corridors in an effort
to expand the program's qualities as quickly as possible. Staff will return to the Board with
progress reports as Metro Rapid corridors are implemented.
ATTACHMENT
A. Metro Rapid Rve-Year Implementation Plan
Prepared by: Rex Gephart,Project Manager
Long Range Planning&Coordination
Meto Rapid Five-Year hWten tatioo Plan Page 5
te,cuti ve
officer
Countywide Planning&Development
C�
Roger Sna e
Chief Executive Officer
Metro Rapid Five-Year tmplewittation Phis Page 6
Attachment A
Metro Rafmid
L aS ANGELES
Five Year
Implementation Plan
41 LiiVArc � �.f1�i
►T
Prepared by:
ix► SPOWrAMP4
�! a QDEWW,W.
August 2002
Metro Raid
Five Year Implementation Plan
1 Five Year Implementation Plan Background
1.1 Metro Rapid Demonstration
In March 1999 the VITA Board of Directors approved a two-corridor
Metro Rapid Demonstration Program based on a purpose and need
assessment that followed a visit to the very successful system in Curitiba,
Brazil, by some MTA Board members and staff. In June 2000, together
with the San Fernando Valley extension of the Metro Red Line, MTA
introduced Metro Rapid Lines 720 and 750 serving the Wilshire-Whittier
and Ventura corridors, respectively. From the first day, the
demonstration has proven successful with the implementation of key
Metro Rapid attributes, including unique vehicle and station "branding",
transit signal priority, special stations with "next trip" displays and
information kiosks, and "rail-like" operating characteristics. This has
resulted in passenger travel times reduced by at least 25 percent and a
nearly 40 percent increase in ridership,with one-third of the increase new
riders to public transit. MTA's Metro Rapid program has become a
model for other transit systems in both North American and overseas.
1.2 Expansion Program
Based on this success, staff developed the Metro Rapid Expansion
Program and presented it to the Board in February 2002- The Expansion
Program identified over 20 corridors which best met the Metro Rapid
program goals and objectives, and recommended a phasing plan
designed to construct a network of Metro Rapid service over the next
eleven years. The Board approved the expansion program for Metro
Rapid, but requested an accelerated deployment of the Metro Rapid
Program.
2 Accelerated Deployment
Working together with the City of Los Angeles, MTA has prepared an
accelerated deployment Five Year Metro Rapid Implementation Plan.
The Implementation Plan identifies the operating and capital costs
= associated with constructing and operating each corridor, and proposes
an accelerated deployment schedule significantly shorter than that
presented in the original Expansion Program.While significant staff work
will be needed to refine the Plan as it moves forward to actual
implementation, the accelerated schedule is achievable, contingent on
resolving certain issues.
�� Los Angeles County Metropolitan Transportation Authority Page]
A construction and implementation critical path was developed for the
initial phase of the Metro Rapid expansion program. Issues considered in
the critical path included station design, fabrication, and installation;
signal priority design,construction,and testing;vehicle procurement and
make-ready; schedule development and operational training; marketing
campaigns; and execution of the contracts and agreements necessary to
fund the station construction and signal priority programs. The two key
elements in the critical path were the station construction and signal
priority implementation schedules.
2.1 Station Construction
It is unlikely that the station construction contract between the City of Los
Angeles and MTA utilizing the City's new shelter advertising contractor,
Viacom Decaux, will be executed in time to complete construction prior
to the opening of the first two expansion corridors currently planned for
December 2002. Consequently,it is recommended that implementation of
these first two expansion lines move forward with temporary stations, as
was done with the demonstration lines. It is expected that station
development in the City of Los Angeles will keep pace with Metro Rapid
corridor implementation after that point and will not be a further issue.
A second issue centers on construction of Metro Rapid stations in other
cities and in the County of Los Angeles. To date, NITA has not
constructed stations outside the City of Los Angeles,but is moving ahead
with developing the necessary agreements to make this possible. It is
anticipated that these agreements will be in place in time to meet station
construction schedules for June and December 2003.
2.2 Signal Priority
The second issue in the Metro Rapid expansion schedule was found to be
the signal priority construction schedule. To date, LADOT has installed
and operated all of the transit signal priority, including certain areas
outside of the City of Los Angeles under inter-local agreements. At the
same time, MTA has been in the process of developing a test of an
alternative transit priority system along a segment of Crenshaw
Boulevard for the past several years and is likely to be ready for
operational testing in 2003. Regardless, the Five Year Metro Rapid
Implementation Plan calls for continued reliance on LADOT's highly
: successful signal priority system wherever feasible. The LADOT priority
system has proven to be very reliable while achieving significant time
savings for Metro Rapid without noticeable impact on other traffic and at
minimal operating and capital cost.
LADOT is currently capable of deploying approximately 20 miles of
signal priority per year. LADOT believes, however, that they can double
the current rate of construction to over 40 miles annually provided that
Los Angeles County Metropolitan Transportation Authority f' Page 2
additional resources are made available either through in-house staffing
or a contractor. This accelerated rate of construction is anticipated to
reduce the Metro Rapid deployment schedule from eleven years to six
years(the current fiscal year, plus the next five),recognizing that the City
of Los Angeles comprises only 2/3 of the entire 357 miles of planned
Metro Rapid service.
2.3 Other Issues
The only other issue that had a possible impact on accelerated
deployment was the availability of suitable transit vehicles for Metro
Rapid service. Metro Rapid calls for operation of low-floor standard or
high capacity buses. MTA has enough NABI low-floor CNG coaches,like
those currently in operation of the Metro Rapid demonstration lines, to
meet immediate term needs if they are "rebranded" and transferred to
Metro Rapid. The high capacity vehicle procurement currently underway
will provide the necessary vehicles for the balance of the five-year Metro
Rapid implementation.
Operational Plan
The successful operation of the Phase I demonstration formed the basis of
the operational elements for the Five Year Metro Rapid Implementation
Plan. No fundamental changes are proposed.
3.1 Metro Rapid Attributes
Metro Rapid is defined by a number of attributes that contribute to its
success,as shown below.
Attribute I Phase I Demonstration Phase II
1. Frequent Service Yes Yes
2. Bus Signal Priority Yes Yes
3. Headway-based Schedules Yes Yes
4. Simple Route Layout Yes Yes
5. Less Frequent Stops Yes Yes
5. Integrated with Local Bus Service Yes Yes
7. Level Boarding and Alighting Yes Yes
S. "Branded"Buses and Stations Yes Yes
IF Los Angeles County Metropolitan Transportation Authority Page 3
Attribute DemoPhase ltioo Phase 11
nstra
9. High Capacity Buses No Yes
10. Exclusive banes No Yes
11. Ail-Door Boarding No Yes
WA reviewed the various attributes demonstrated in phase 1 and those
planned in Phase 11 to determine their continued viability.
The basic service attributes of frequent service,headway-based schedules,
simple route layout,less frequent stops,integration with local bus service,
and level boarding and alighting have all clearly resulted in a superior
transit service based on customer,operator,and street supervisor reports.
The remaining attributes involve additional capital investment by MTA
and warrant additional discussion.
• Bus Signal Prioritx - analysis of LADCTs bus signal priority
system indicates that it has improved running times by some 5-10
percent, while simultaneously improving headway reliability by
actively minimizing vehicle bunching. Both faster and more
reliable operations are major customer athwtors that directly
result in increased ridership and revenue. As well, the reduced
round trip cycle times attributable to bus signal priority directly
reduce operating and capital expenses. For instance, the speed
improvement on Line 720 serving Wilshire-Whittier translates into
running time savings of 10-12 minutes per round trip, reducing
operating expenses by some $500,000 annually and eliminating
the need for 3-5 peak vehicles, saving between $1.05 and $1.4
million in capital costs. This makes implementation of bus signal
priority a very good return on investment for MTA-
• "Branded" Buses and Stations - MTA's original model for Metro
Rapid was Curitiba, Brazil's now famous Bus Rapid Transit,
which had "branded" services. The vehicle branding results in
little capital cost, but requires MTA Operations and Maintenance
to have two fleets ready every day, Metro Rapid and local. This
has not been an issue as MTA Operations and Maintenance has
done an excellent job in delivering the vehicles and service every
day without increased cost. The "branded" stations have also
received positive response from customers, operators, and street
supervisors. The aspects most often cited: clear differentiation
from local service, consistent with "rail-like" higher quality
service including kiosks and "real-time" passenger information,
longer distance visibility, station gates which help pre-queue
Los Angeles County Metropolitan Transportation Authority Page 4
passengers for boarding and allow for more precise operator
placement of the vehicle thereby minimizing dwell times,and few
complaints from adjacent property owners. There also have been
suggestions both internally and externally regarding ways to
further refine the stations to make them even more effective. This
is part of the five year implementation plan.
• HiSh Cagacily Buses - MTA commissioned a detailed review of
the potential opportunities to use high capacity buses in both
regular and Metro Rapid service. The report found that today's
45-foot buses and 60-foot articulated buses were mature cost-
effective vehicles and had significant application for MTA in both
Metro Rapid and regular operations. While the five year financial
plan presented here is based on operation of the current 40-foot
transit bus,the Plan will be updated for operation of high capacity
vehicles as the availability and cost of these buses becomes known
(MTA has just released a vehicle procurement for these buses).
• Exclusive Lanes -MTA in concert with the City of Los Angeles is
initiating a test of exclusive lanes for Metro Rapid along Wilshire
Boulevard in West Los Angeles. While it is clear that exclusive
lanes will greatly help speed Metro Rapid service in congested
areas, their benefit is less clear in areas of less or no congestion.
While the Five Year Metro Rapid Implementation Plan presented
here does not include exclusive lames, the Plan will be updated
based on the findings of the Wilshire test.
• Ali-Door Boarding- the MTA Universal Fare system includes the
capability for boarding passengers with Smart Cards through the
rear door(s). While expectations are that all-door boarding will
reduce station dwell times, the benefit depends on passenger
volumes. The Plan presented here does not include this capacity,
but it will be considered once testing is undertaken. If there are
significant benefits, then the Plan will be refined to include this
capability for all-door boarding.
3.2 Metro Rapid Service Providers
The Phase 11 Metro Rapid program calls for expansion of the service area
to much of Los Angeles County. While most of the planned Metro Rapid
services fall within MTA's historic service corridors,four lines do not and
would be potential candidates for operation by municipal operators. The
lines and likely operators are:
Loa Angeles County Metropolitan Transportation Authority Paige 5
• Pico Santa Monica Municipal Bus Lines
• Sepulveda Culver City Municipal Bus Lines
• Torrance-Long Beach Torrance Transit
• Lincoln Santa Monica Municipal Bus Lines
This Plan calls for the same attributes, operating protocols, and branding
to ensure a consistent "product" for the customer regardless of operator.
MTA will be continuing to work closely with these Municipal operators
regarding Metro Rapid implementation.
3.3 Deployment Within Available Revenue
Previous Board action provided funds for capital requirements, but did
not include additional operating funds. Consequently, the Metro Rapid
Implementation Plan assumes a deployment of Phase II corridors that is
funded with available operating revenues. In order to meet this financial
requirement, and taking into account the efficiency improvements
resulting from both faster operating speeds and restructured operator
schedules, the following modifications in Metro Rapid attributes were
made:
• Seven Day Service - the policy of providing Metro Rapid service
seven days a week has been modified to allow deployment only
f where appropriate from an operating cost standpoint. In some
cases, operation of six or seven day schedules is appropriate
regardless of operating cost constraints; in other cases expansion
to a seven day service is sound only if funds become available.
The proposed span of Metro Rapid service recommends that 6 of
the 24 Metro Rapid expansion corridors operate seven-days a
week,5 operate weekdays and Saturdays, 6 operate all-day on just
= weekdays,and 7 operate in just weekday peak periods.
■ Minimum Service Freouencies - the Metro Rapid program calls
for very frequent service as one of the basic attributes, with at
least 10-minute peak and 12-minute off-peak service in order to
attract riders. However, 19 of the planned 24 Metro Rapid
expansion corridors will not meet these minimum standard
frequencies as currently proposed. The impact of less frequent
service will vary from corridor to corridor, but will result in less
ridership growth compared with the demonstration corridors
which met the minimum requirements on opening day.
■ Service Capacity - the Metro Rapid Demonstration Program
deployed additional capacity from the outset. On one corridor
(Ventura) this capacity was adequate for passenger needs.
However, the second corridor (Wilshire/Whittier) has required
ongoing increases in capacity to meet ridership growth.
Los Angeles County Metropolitan Transportation Authority Page 6
Expansion of Metro Rapid service within available operating
revenue requires that each line be scheduled as close to existing
hours as possible while allowing the miles to increase due to
increased operating speeds and schedule restructuring. It is
anticipated that additional operating resources may be needed to
meet ridership demand.
Implementation of Metro Rapid service attributes as originally adopted in
the Long Range Transportation Plan (LRTP) will require additional
resources. Given the need to work within existing budget limitations,the
most likely source of these additional resources will be through service
restructuring efficiencies achieved in conjunction with the Service Sectors
and Area Teams.
3.4 Development of Corridor Service Plans
The expansion of Metro Rapid service calls for developing corridor
service plans that efficiently utilize vehicle and labor resources in order to
maximize service growth within existing operating revenue. To achieve
this efficiency, the development of service plans for each corridor
involves several essential steps:
• Review corridor ridership and characteristics to identify
prehminary corridor alignment, station locations, and terminal
sites.
• Continue policy whereby all station maintenance costs are funded
through advertising and/or local jurisdictions.
• Review current service spans,frequencies,and running times
• identify service periods during which Metro Rapid service would
be provided (e.g., weekday peak, weekday midday, later
evenings,Saturdays,and Sundays)
• Develop specific service frequencies by time of day and running
times for both Metro Rapid and local services
• Prepare "pilot" Metro Rapid and local operating schedules for
costing purposes (these will need considerable refinement for
actual implementation)
• Determine service hours, miles,and peak vehicles by corridor and
service type
• Determine additional TOS and BOC needs; plan calls for one
dedicated TOS in the field during Metro Rapid operations and
each BOC staff to handle 5-6 Metro Rapid lines when
implementation is completed (the investment in BOC.JT'OS support
Las Angeles County Me"olitan Transportation Authoriwf Page 7
has proven to improve cost efficiency through the ability to maintain
reduced running times and decreased vehicle bunching).
The service plans provided the basis for determining Metro Rapid
operating and capital costs.
4 Proposed Metro Rapid Services
The proposed corridor services are those presented in the February 2002
Metro Rapid Expansion Program with three modifications based on
continued refinement in developing the implementation Plan.
• South Broadway
• Vermont
• Florence
• Van Nuys
• Soto
• Crenshaw-Rossmore
• Pico(two branch line consolidated onto only the Pico corridor)
• Santa Monica
• Hawthorne
• Long Beach Ave
• Hollywood-Fairfax-Pasadena
• Western
• Beverly
• Vernon-La Cienega
• Atlantic
• Central
• San Fernando-Lankershim(San Fernando split into two lines)
• West Olympic
• Garvey-Chavez
• Manchester
• San Fernando(south)(San Fernando split into two lines)
• Sepulveda(south)
• Torrance-Long Beach
• Lincoln
4.1 Corridor Characteristics and Phasing
The proposed corridor characteristics including length of the Metro Rapid
line, number and type of stations, and average station spacing are
presented in Table 1.
Table 1 also presents the Metro Rapid implementation groups in five
phases. The phase grouping's were based on:
Los Angeles County Metropolitan Transportation Authority Page 8
• Phase 11A Expand the network by introducing key connections
• Phase IIB Introduce Metro Rapid on some of the region's heaviest
corridors while continuing development of the network
• Phases 11C-I1E Continue network development while focusing on
major corridors
4.2 Proposed Service Levels
The proposed Metro Rapid service is tailored to the current corridor
needs while staying within available operating revenue. The proposed
service spans and days of operation are presented in Table 2.
Table 3 presents the proposed service frequencies on each corridor. The
frequencies shown are the combined local and Metro Rapid service and
provide an indication of planned corridor capacity with Metro Rapid.
5 Metro Rapid Corridor Costs
Metro Rapid corridor operating and capital costs have been estimated
based on the planned services and the facilities,vehicles, and staff needed
to support the operation.
5.1 Service Requirements
Table 4 presents the estimated service trips,revenue hours and miles,and
i peak vehicles required for the corridor, including both local and Metro
R - Rapid services in comparison with current services. As well, Table 4
provides a breakout of peak and total Metro Rapid buses required by
- -" line.
The introduction of Metro Rapid will result in almost no change in peak
vehicles and revenue hours, while providing a 4-10 percent increase in
both service trips and revenue miles. This is the result of Metro Rapid's
faster running.
5.2 Operating Costs
Table 5 indicates the estimated annual operating costs for each of the
Metro Rapid corridors based on the most recent available MTA cost
allocation model for marginal costing. The incremental operating cost of
implementing Metro Rapid over the current service operation is also
included, as well as the estimated cost of operations support staff,
including bus operations control center and transit operations
supervision.
Metro Rapid will result in an increase of approximately $11.6 million in
additional annual costs for the 24 expansion lines. This will be offset by
an additional$6.5 million in estimated new passenger revenue.
Page 9 Los Angeles County kletropolitan Transportation Authority
5.3 Capital Costs
Table 6 presents the estimated capital costs for Metro Rapid, including
stations, signal priority, revenue and non-revenue vehicles, and
expansion of the Bus Operations Control Center. The overall capital cost
of $101.9 million is just over $250,000 per mile for the additional 357
miles included in the Metro Rapid expansion program.
6 Metro Rapid Implementation Phasing
The Metro Rapid corridor implementation was phased based on both
network expansion needs and the goal of expediting deployment of
Metro Rapid on the heaviest corridors. The expansion of the LADOT bus
signal priority system also influenced the phasing by limiting the number
of line miles installed annually. Table 7 presents the proposed Metro
Rapid five year implementation phasing.
7 Metro Rapid Financial Plan
Based on the planned Five Year Implementation Plan for Metro Rapid, a
financial plan was prepared.
Table S presents the annual operating costs.
Table 9 presents the annual capital costs.
Table 10 presents the annual funding requirements.
8 Metro Rapid Implementation
This Five Year Implementation Plan provides the initial groundwork for
developing the full network of Metro Rapid services. There is much
additional work and refinement that will take place prior to the actual
startup of services:
• Finalize alignments, station locations, and end-of-line terminals,
including station layouts
• Refine the original station design to improve effectiveness,
increase deployment opportunities, and reduce operating and
capital costs;develop final station construction plan
• Identify opportunities for exclusive lane segments
• Finalize signal priority and passenger information display
technology throughout the system
• Construct stations and any exclusive lane segments
Los Angeles County Metropolitan Transportation Authority Page 10
• Install signal priority and passenger information display
technology
• Refine of draft operating schedules
+ Secure and prepare the Metro Rapid fleet, including consideration
of upcoming high capacity buses for Metro Rapid operation
• Select and train operations staff
• Secure all necessary agreements required for implementation
The schedule for implementation of Metro Rapid Phase I]A is at present:
• December 2002—South Broadway and Vermont
• June 2003—Florence and Van Nuys
• December 20M —Soto and Crenshaw-Rossmore
Throughout the implementation process will be close coordination
among MTA's Metro Rapid group,MTA's Service Sectors,municipal
operators,and local jurisdictions.
t Los Angeles County Metropolitan Transportation Authority Page 11
-- sf Metro Rapid Expansion Program
�.. •.+ , . "=';" ,^ - ` Metro Rapid Phase I —
_ Ventura
2 - - i Wilshire-Whittier
t•.`;� v .'y - ,�' Metro Rapid Phase II A—
:A. South Broadway: - -
Vermont
—_. e ; �'• F ,. - Florence
Van Nuys
R ■u■w�r• Soto
Crenshaw-Rossmore
GA`"" 1 Metro Rapid Phase 116 —
i - Pic0
Santa Monica
filry - Hawthorne
' i - ;��•.. Long Beach Blvd
Metro Rapid Phase tl C—
�i� Hollywood-Fairfax-Pasadena
Western
_ - Beverly
'• - t 'r Vernon-La Clenega
•:J;,1!I
• T• Atlantic
}. i,:..w-. :• `> ......w. Central
f. r F San Femando•Lankershim
<.;�' t.._ ... West Olympic
_.y i ;S'i - �-' -: ' I ;� , }�- _ Metro Rapid Phase II E —
i_ GarveyChavez
Manchester
San Fernando(south)
Sepulveda(south)
Torrance-Long Beach
Lincoln
Metro Rapid TranaltNays
rEW*ft Pr
l '' jam ..'• Matto Rat. ...... Urle■r GmsuueUon
I , 'f �■ Fdawly 'or Plumed
�- ;-r•��+- Metro Link —
1
Table I
Metro Rapid Corridor Characteristics
Average
Metro Rapid Line Line Miles Station Pairs Station
Spacing
(miles) -
South Broadway 10.5 16 0.66
Verrnont 11.9 17 0.70
W Florence 10-3 13 0.79
Van Nuys 21.4 20 1.07
Soto 10.0 15 0.67
,Crenshaw-Rossmore 18.8 22 0.85
6*h IN grv�'_
_W
Hollywood-Fairfax-Pasadena 21.5 27 0.80
zu- Western 13.1 19 0.69
Beverly 11,0 16 0.69
CL Vemn-La Cienega 16.5 23 0.72
,-.v
Y
t-ki
... .......
Garvey-Chavez 14.7 22 0.67
Manchester 13.5 15 0.90
ju- San Fernando tsouth) 13.6 18 0.76
x g)
4c Sepulveda(south) 12.8 16 0.80
CL Torrance-Long Beach 15.6 20 0.78
Lincoln 12.1 1 13 1 0.913
Total Phase[1 356.5 "0 G.7,
Table 2
Metro Rapid Corridor Proposed Service Spans
Weekday Weekday Weekday Saturday Sunday
Peak Midday Evening
South Broadway x x X X X
Vermont X x X X X
ui Florence X X x X
Van Nuys X X X x X
Soto X X x
Crenshaw-Rossmore X X
m PlcQ X X x x -X.
Santa Monica X
rawu�10 - - X- -X
Long Beach Blvd x x
v Hollywood-Falrfau-Pasadena X X
W Weser x x x x x
iBeverly x
Vernon-La Clenega X
OAgankX = _
m Femarrdodsnlosr�ttiin X X
o. WestOly"Ic X X -
Garvey-Chavez X X X
W Manchester x
W San Fernando(south) X X
Sepulveda(south) x
ri Torrance-Long Beach X
Lincoln X X
' Weekday evening indkelas service N►at operates after 9:00 pm.
u
OAF,
3 � w e o o .,. e 3 . •
4
q n
o w e w �•�: o
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e C
r Q
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a
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k
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1
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R A 8 R S = a fv=::R « A S 9.'� ¢ R o • • ^ $
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i
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o _
ry r_
u
f _
n
a
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: a w 8
Y
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♦0 aLYNY a 31VKd 9 Y 36Wd
r
Table 5
Annual Corridor Operating Cost Comparison
Metro Rapid Line -fix:► ' : w i ;'
-:r• fir•.;. -
South Broadway $7.331,000 $8.484.000 $1,153.000 15.7%
a Vemront $10.476.000 $11.555,000 $1,079.000 10.3%
W Florence $6,017.000 $6.457.000 $440.000 7.3%
= an Nuys $6.929.000 $7.605.000 $676,000 9.8%
Soto $5.752,000 $6.186.000 $434.000 7.5%
Crenshaw-Rossmore $6.336,000 $6,726,000 S39R000 6.2%
!rye -as...^.-ten' Ri._. •Y -_.'.
3�� 1 .r�� �� as_�.�,` 1•r'a, .:•;��~
3C �• ;�!E •Lsw
;
;i r.
r" - 'r•. "•.'s
W.
i•lonywood-Fatrtax-Pandene $10.2 i6.000 $11.137,000 $901.000 8.8%
WWestem $6.297.000 $6.859.000 $562,000 6.8%
sevedy $6.185.000 $6.441.000 $256.000 4.1%
4 emon-la Clenega $5.528.000 $5,648.000 $120,000 2.2%
. �"j?,,s, '�•+•. .s� •.. ilk,:.` -. �:'i'` .�, "•
�•r':S
0:9%
Bey-Chavez $11,321.000 $10.950.000 ($371,000) -3.3%
u! Manchester $5,022.000 $5.122,000 $100.000 2.09/*
w San Fernando(south) $7,794,000 $7,516.000 ($278,000) -3.6%
SepuMeda(south) $3,372.000 $3.504,000 $132.000 3.9%
Twwce4A"Beach $3202,000 $3.207.000 $5.000 0.2%
Lincoln $4,211.000 $4.633.000 $422.000 10.0%
Total Phase D Operating Cost $166,208,000 $177.763,000 $11,555,000 7.0%
' Existing operating cost includes both local and limited services on the corridor in FY2W2 dollars.
2 Proposed operating cost includes both Metro Rapid and local services on the corridor in FY2002 doffs.
1p'1
0 N ^ Py �.OI m pOp O � m yOy�I � 1�D � N � f IN+ R O COI_ Pf
N
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cs
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CSL
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iA`0 0 yy�� QQ
b g 8 0 0 'a a Q 3 0 u 8 0 3 g e o 0 3 gi 8 4 a
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at A S
Op W
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7
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pp momo meem mq p mm m eo boo�yy oN o O
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.
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A
IF
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ai z' rd a E
d u 39YHd 81139"d 01139"d a 1139vwd 31139MM4
Table 7
Five Year Implementation Phasing
Tata1 Milietd f•-Ms lro Rapid CoRldor
Matra Rapid Line
FY2002-FY2003 FY2003-FY2004 F'Y2004-FY2005 FY2005-FY2006 FY2008-FY2007 FY2007-FY2008 TOTAL
South Broadway 10.5 10.5
Vermont 11.9 11.9
Florence 10.3 10.3
Van Nuys 21.4 21.4
Soto 10.0 10.0
Crenshaw-Rossmore 18.8 18.8
Plop• �,: "r r`',.r...:-: �.;n .,..
��{{ ,T. 17.3
38nte Nldnlcd' (( i� r.:.. �a;-a' i;; 20.2
- - •• ��. �•' - x�f-i?4' •.. .Y L ' dry �'r.q
]larytheiit6• t.�
_ A•�'-,,.de(�r.Fv; 6.s-. l„ ,•Zu3�k''.::
LaiiO Beach O ' 1y. - '`:',. �,°` :l �, 15.3
rd
Hollywood-Falrfax-Pasadena 21.5 21.5
Western 13.1 13.1
Beverly 11.0 11-D
Vernon-La Clenega 16.5 16,5
Atlantic,. ' � y •:. :a: r€; -: a 25.1:s- r • ;tYs..• ,.
Cerrtrei10.6
?v i r r 1 ,�::� "�a5 it�e 7sr�'}dra: �., :_1.:•rF1.:P f ?
San FemmlarLanlseral l ki. '?.,;
w si orymptG :;. ;. ,• _:.. `y u 12.1 12.1
Garvey-Chavez 14.7 14.7
Manchester 13.5 13.5
San Fernando(south) 13.6 13.6
Sepulveda(south) 12.8 t2.8
Torrance-Long Beach 15,6 15.6
Lincoln 12.1 12.1
Total Phase 11 22.4 60.8 71.3 62.1 57.7 82.3 J58.6
N M
— s aw
fn
a
q R a
WINM oo
A M N N w
� $ N
m
$ doe $ s
in
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r � S
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Table 9
Five Year Plan Capital Costs
'. ,Capital CdJFV=4,0ollars�:.
Metro Rapid Line
FY2002 FY2002 FY2003 FY2004 FY2004 FY2005 FY2005 FY2006 FY2006 FY2007 FY2007 FY2008
South Broadway $2,800,200
Vermont $4.596,600
W Florence $3,299,600
Van Nuys $4,730,200
Soto $2,715,000
Crenshaw-Rossmore $3,821,800
pq PICO
Vgw Senla'Moii[ca, - ._r•:•. - '.ti:;r': .. •,.r .. •� :;{,.: - �',+ppglt{Ip. .• �_ ..
}teyythame'" ..,.�,.: ;�•., `'�?;04G;t760•
t-on0•liear*Btlld ..r �+ .. .�5, ,�'. J.. •.�:�4.
2 iHoBywood-Fairfax-Pasadena $4.761,000
w 'Western S5,883,900
iBeverly $4,259.000
rL 'Vernon-La Clenega $5.598.000
p 37.847;800'
$3,269,100
San FemandtLankiralilm S4.9M19
INes4 S4f455,800 ,.
Garvey-Chavez ;3,729,000
,L Manchester $3.356.200
W Fernando San south
w (south) $4,009.300
(n
Sepulveda(south) $2,909.000
Torrance-Long Beach $6.315.200
Lincoln $2.806,200
Total Phase II $7.328.000 $14.566,600 $15,040,300 $20,503.300 $20,321,700 523,125,500
AM costs are in FY2002 dollars.
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ATTACHMENT B
LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
AND CITY OF VERNON METRO RAPID BUS STATION IMPLEMENTATION
SCOPE OF WORK
Background
Launched in June 2000, the Metro Rapid Demonstration Program consisted of two
lines—one along Ventura Boulevard in the San Fernando Valley and the other along the
Wilshire/Whittier corridor. The purpose of the Metro Rapid Program was to provide faster
regional bus travel by implementing Bus Rapid Transit (BRT) attributes. The key features of
Metro Rapid that make it faster and easier to use include simple route layout, frequent service,
greater distance between stops, low-floor buses to facilitate boarding and alighting, transit
signal priority at intersections, and branded buses and bus stops.
Building on the success of the demonstration program, in September 2002, the Los Angeles
County Metropolitan Transportation Authority's (LACMTA) Board of Directors adopted the
Metro Rapid Five-Year Implementation Plan and set aside regional funds to both expand and
complete the program, including funds for Metro Rapid stations along each of the existing
Metro Rapid lines. These stations will include such amenities as bus shelters, lighting, trash
receptacles, seating, Metro Rapid poles and signs, and future real-time passenger information
displays. These unique stations will not only serve to identify and"brand"the system, but
they will also enhance the overall safety and transit experience of City residents waiting to
take transit.
The Metro Rapid Program currently consists of 24 lines. Three of those lines, including the
Soto, Long Beach, and Vernon-La Cienega Metro Rapid lines, operate through the City of
Vernon. This Agreement provides the City of Vernon with Metro Rapid station amenities
along these three lines at ten(10) locations within the City's limits.
Proiect Description
The scope of work for this project shall include the installation of Metro Rapid station
amenities at 10 Metro Rapid stop locations within the City's boundaries. These Metro Rapid
station amenities shall consist of the following components: bus shelters, benches, lighting,
trash receptacles, advertisement kiosks, and Metro Rapid poles and signs. Conceptual designs
for both the shelters and branded poles and signs are attached at the end of this Scope of Work
along with general performance specifications for each of the various station components.
LACMTA will be responsible for the design, fabrication, installation, and funding of all
station components and will coordinate station installation with the City.
The City shall be responsible for working with both LACMTA and its contractor on the
installation of these various station amenities, including working with the contractor on any
necessary City permit approvals. LACMTA shall reimburse the City for all eligible design
Page 1 of 3
and engineering review time and project management costs as shown in Attachment D—the
Expenditure Plan.
The City shall also be responsible for the removal and relocation of three (3) existing bus
shelters at Metro Rapid bus stop locations identified in this Scope of Work in order to
accommodate the new stations. LACMTA shall reimburse the City for the removal and
relocation of these existing shelters as also shown in Attachment D.
LACMTA will install a total of 10 bus shelters, 10 trash receptacles, 10 benches, 10 Metro
Rapid poles and signs, and 3 advertisement kiosks at the following locations:
Stop Location Direction Nearside/Farside Corner
1 SotoNernon Northbound Nearside Southeast
2 SotoNernon Southbound Nearside Northwest
3 Soto/Fruitland Northbound Nearside Southeast
4 Soto/Fruitland Southbound Nearside Northwest
5 Pacific/Santa Fe Eastbound Farside Southeast
6 Pacific/Santa Fe Westbound Nearside Northeast
7 Vemon/Santa Fe Westbound Farside Northwest
8 Pacific/RR Xing Westbound Nearside Northeast
9 Pacific/Fruitland Northbound Nearside Southeast
10 Pacific/Fruitland Southbound Nearside Northwest
'Install advertisement kiosk
Project Budget
Design/Engineering Review $ 12,500
Shelter Relocation $ 3,000
Construction Management $ 12,500
Total Project Budget $ 28,000
Funding Sources
Federal CMAQ (88.53%) $ 22,133
LACMTA Proposition C25 (11.47%) $ 2,867
LACMTA Local $ 3,000
Total Project Budget $ 28,000
Page 2 of 3
Proiect Milestones
Design and Construction Bid & Award Start date: Oct. 1, 2014
End date: Mar. 31, 2015
Construction Start date: Apr. 1, 2015
End date: Dec. 31, 2015
Page 3 of 3
Line: Metro Rapid 751 Soto
Vernon Stop: Soto -Vernon
Direction: Northbound, Near Side
Vernon
0
0
- CO
Parking Lot
Legend
News Rack
uao^ Utility Plate
Bus Info Pole
Gas Plate
Wire Guide
Utility Pole
Fire Hydrant
®
Trash Can
Shelter
B.C.
® Countywide Planning and Development Date: 9/m/w+3 Modified By: ac
Line: Metro Rapid 751 Soto
Vemon Stop: Soto -Vernon
Direction: Southbound, Near Side
Legend
News Rack
Utility Plate
Bus Info Pole
Gas Plate ydw
Wire Guide
Utility Pole
Fire Hydrant W
1.
Trash Can
® Shelter
B.C.
f
Gas Station
0
0
to
Vernon
® Countywide Planning and Development Date: 9/M/=13 Modified By: .w
Line: Metro Rapid 751 Soto
Vernon Stop: Soto - Fruitland
Direction: Northbound, Near Side
Fruitland
fJ
Warehouse
o a
o
Legend
_ E Bus Info Pole
Utility Pole
Trash Can
tr-�.o• O Bus Bench
Traffic Signal Plate
B.C.
Wire Guide
® Countywide Planning and Development Date: 9/w/=3 Modified
Line: Metro Rapid 751 Soto
Vernon Stop: Soto • Fruitland
Direction: Southbound, Near Side
Legend
Storm Drain Plate
Storm Drain
s Water Meter Plate
News Rack
Bus Info Pole
�— Street Sign
Utility Pole
Fire Hydrant ..
Trash Can s
0 Bus Bench H
B.C.
Parking Lot 0. °
o
e o
0
In
Fruitland
® Countywide Planning and Development Date: s/m/2111 Modified By: do
Line: Metro Rapid 705 Vernon1760 Long Beach
Vernon Stop:Pacific • Santa Fe
Direction: Eastbound, Far Side
Pacific Blvd
G v 9'.fi0"
9'AO'
a
Commercial
a
c
0
� Legend
News Rack
B.C.
Bus Info Pole
® Countywide Planning and Development Date: 9/20/0+3 Modified By: x
Line: Metro Rapid 760 Long Beach
Vernon Stop: Pacific - Santa Fe
Direction: Westbound, Near Side
Legend
News Rack
W Utility Plate
Bus Info Pole
Qj Gas Plate
N —� City Sign
L.t_ Utility Pole
Traffic Signal Light
6 Fire Hydrant
C Trash Can
'r Traffic Signal Plate
® Shelter
Retail B.C.
115'
dv 1r w 37d.W 16d0' M'd0' 8'd0"
m Q O
Pacific Blvd
® Countywide Planning and Development Date: 9/"/ m3 Modified By: ac
Line: Metro Rapid 705 Vernon
Vernon Stop: Vemon - Santa Fe
Direction: Westbound, Far Side
Legend
Trash Can
l� Bus Bench
JV Bus Info Pole
�j Utihty Pole N
B.C.
Q
Control Box
N
c
In
Parking Structure
b
ti
A
Pacific Blvd
® Countywide Planning and Development Date: 9/so/w13 Modified By: da
Line: Metro Rapid 705 Vernon/760 Long Beach
Vernon Stop: Pacific - RR Xing
Direction: Westbound, Near Side
Legend
Aff- Bus Info Pole
10— Railroad Crossing Guard
—� City Sign
i127'6,0,, `) Utility Pole
B.C.
Q171_6.0" n99',6.0^
�o
o, 5'
Pacific g'Vd
r7
® Countywide Planning and Development Date: 9/m/mm Modified By: m
Line: Metro Rapid 760 Long Beach
Vernon Stop: Pacific - Fruitland
Direction: Northbound, Near Side
Fruitland
i
[V
CO
U
U Legend
0 Storm Drain Plate
0 Storm Drain
Bus Info Pole
Utility Pole
Traffic Signal Light
Trash Can
Traffic Signal Plate
B.C.
® Countywide Planning and Development Date: 9/26/2013 Modified By: JG
Line: Metro Rapid 760 Long Beach
Vernon Stop: Pacific - Fruitland
Direction: Southbound, Near Side
Legend
Storm Drain Plate
0 Storm Drain
Bus Info Pole
Utility Pale
Traffic Signal Light
Trash Can
Traffic Signal Plate
s'-s.o°
B.C. • , •:
I
i
. �4 U
o •U
in nN
• II
00
iL '
itland
Countywide Planning and Development Dcte: 9/28/2013 Modified By: Jc
Conceptual Station Design
Bus Shelter
• Structure Style: Two post with offset canopy wings
• Structural Glass Canopy System
• Mounted with concrete footings
• Modular Design
o Approximately 13' in length
o Approximately 10' in height
o Canopy depth of approximately 5'6"and/or 7'6"—depending on sidewalk width
• LED lighting
• Solar powered
• Future retrofit of a real time passenger information display LED panel
Side View
Rear Wing Solar Heat Resistant Glass Canopy
°s
Ft� ,
Rear View Night View with LED Lighting
r
.r:
Trash Receptacle
• 45 gallon capacity
• Single-stream litter receptacle
• Surface mounted
Bench
• Bench with seat dividers/armrests
• Seating for three adults
• Surface mounted
Kiosk
• Surface mounted
Metro Lollipop Rapid Pylon
Signage ittustrated in this package
is for DESIGN INTENT ONLY and
NOT FOR FABRICATION.
April 1, 2014
Metro
Pylon blade always points away from the street.
1
rp.
I
11'-8"AFF
8'AFF
l Optimal condition varies I
Curb/sidewalk Location of pylon has to be field verified due to variable
per city setback sight line or streetscape installation factors i
regulations n the Bus shelter and bench shown
urban environment, for scale reference and not part
Optimal dimensions range 6'to 9' of this scope of work
FRONT ELEVATION SIDE ELEVATION
Wv SCALE:AS NOTED SCALE:AS NOTED
ImM�aGuMy on•cauwar�n,a Project Tltle&De scrip lIon {leeq►Dale Ovslgnerlel Lead Designer Project Mgr D!r►star,An k Design /�^_00
k"Tr'�°'b'�niYie1e1� Lm Mgeles,CAgmn.aeye 16-7040 1 iWOV54 E Morrariila S McLaughhn I K Bueno o.i r�. 'Vai V\
Copyrlghi Oa 4Los Mg•les-tyMnwpfi—Transporwuoo puthody(UMT�or Me,o)Mrights
Metre mservM MyroppigM andohermtNle ualpropeMrighepuchas,d•sig nghM,trad•madrs,nc) Metro Lollipop Raptd Pylon
olary mauNl prorM•d or conaNed on Als(ihese pages)remains ih•propniy or UCMia Mn, A$NOTED
m soak mry h pdm•d,roped,reproduced,,ep.WKhed,diaplryM,modigN,�eus•d,a p•—"
a1ny wry,wiMout pwr•ndt•n permission of t MTA Metro 0.-5—Depanm•nt
•q un•uthoriaed reWodueion or use may be a+iolation oraPpabk kws 2 OF 4
Bus shelter shown for scale reference
and not part of this scope of work
Location of Metro Lollipop Rapid pylon must be field verified
based on location of existing bus blade.
Pylon must be placed on opposite end of shelter from blade.
Existing bus blade(dashed) O Q
rip—
II
I!
I!
I�
I f
I I
I E
Optimal condition varies I
r
Location of pylon has to be field verified due to variable
sight line or streetscape installation factors in the
urban environment.
Optimal dimensions range b'to 9'.
CURB
STREET
DIRECTION OF APPROACHING TRAFFIC
PLAN
SCALE:AS NOTED
w a.@eY.Ceumy on.e.tewey pi.:. Project Till@ S Description lastw Data DeslyneriM Load Dam 1pn@r Pra}@cl Mgr Qlr@eeer,Art 5 Design ��_D/1
T M'°par"T"'p.bu.d Inoxr o.Myl.�ugaoasg5+ U-7040 I 04/Dl/16 E Mvrlsha. I S McLaughlin I N Suelm wwl•a os u
CopyryM O soy 0,Mgeln County Mevopoh-ph —tmn Msnonry lUCMTR ar M.-)All rights
Metro . wea Myeop yht ene.merlmdewal pr.pemngnap.�a:.a.sign rgnM,traa.maaa.ty Metro Lnllrpop Rapid Poon
ofsany maurMl proNdM or mnMlned on thisJlhese pagelsl remains the property MLACMTA These RS NOTE❑
mvlabmrynor bepnnsed,.P reprodd MTA,Mhed,displayed,rM*,d,reused,l vansmined
any wy,wlMoulprior-iM permissions mWiiA Metro Creator Servius Departmem
My unaulhoraed nproduulon a use mry ba a viohtion olappliab4laws ]OF i
5 22
Collar with cap —
Aluminum flange 22
3M 280i reflective white
vinyl adhered to front of
white acrylic M
Painted black aluminum 15
Reflective white vinyl 30'
Aluminum flange
Painted red aluminum
Aluminum tube _
Spun aluminum cover plate
over aluminum base plate
Curblsidewelk
cit se
LOCATION ELEVATION r gulations ack
re
SCALE:AS NOTEO
a.,o.vl is ilr .,o.w e.n•
QD
-All--" 0necalew1ypl111 Project Title d Description Issue Dole Diislgnai-IM Lee aesipner Project Mgr Director,Arl6 Desipn f
Wbapagsn Tren.parubn ANhwey Los Angeles rA yoor:-agsa 14-7040 10 GS—O 034/01144 E MDrlshita 15 McLavghtln H Bueno g„...,�r,. ,.
Copyright®zore Los Angeles County Menopeh—Tranapo,ution Authority(IACMTA or Mearo)-All rights
Metro --d-Any copmnght and ome,meueeanalpropmyngnaa(a en ae,design,Ighla,vadema K, Metro Lollipop Rapid Pylon
ofany maleiial provided or cansainetl on thlsryhese pages)remains the property of IACMTq-These AS NLlFE6
erials may noa be printed,copied,reproduced,republished,displayed,madtfi ln,reused,ar transmined
atny way,AM—d prio en perm bi,LACMTP.Metro-bllve Services Departmena.
Any unauthorized reprodunian or use may be a violation of appfcaEb hws• 4 OF 4
Attachment C
LACMTA AND CITY OF VERNON METRO RAPID BUS STATION IMPLEMENTATION
FUNDING PLAN
Fundina Source FY 2015 FY 2016 TOTAL
Federal CMAQ - (88.53%) 10,624 11,509 22,133
LACMTA Prop C25 - (11.47%) 1,376 1,491 2,867
LACMTA Local Funds 2,000 1,000 3,000
TOTAL 1 $ 74,000 $ 14,000 $ 28,000
Attachment D
LACMTA AND CITY OF VERNON METRO RAPID BUS STATION IMPLEMENTATION
EXPENDITURE PLAN
FY 2015 FY 7%d
Q1 Q2 L Q3 Q4 Q1 TOTAL
Design/Engineering Review 1,000 1,000 1,000-.-[ 4,000 4,000 ! 1,500 12,500
Shelter Relocation 1,000 ' 1,000 1,000 3,000
Construction Management 5,000 5,000 2,500 12,500
TOTAL $ 1,000 $ 1,000 $ -2,0001 $ 10,0001 $ 10,0001 $ 4,000 $ 28,000
Attachment E
LACMTA AND CITY OF VERNON METRO RAPID BUS STATION IMPLEMENTATION
PROJECT SCHEDULE
FY 2015 FY 2016
Q1 02 Q3 04 Q1 Q2
Design/Engineering Review
Shelter Relocation
Construction Management
Attachment F Grantee To Complete
Invoice#
LACMTA FA Invoice Date
QUARTERLY PROGRESS/EXPENSE REPORT FA#
Quarterly Report#
PROJECT SPONSORS ARE REQUESTED TO SUBMIT THIS REPORT
TO THE LACMTA PROJECT MANAGER RESPONSIBLE FOR THIS
PROJECT during or after the close of each month. Please note that
letters or other forms of documentation may not be substituted for
this form.Refer to the Reporting&Expenditure Guidelines
(Attachment G)for further information.
AECTION 1:QUARTERLY EXPENSE REPORT
Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section.
LACMTA Grant Local Match(Incl. Local Match Total
In-Kind)
This Quarter Expenditure
Retention Amount
Net Invoice Amount(Less Retention)
Project-to-Date Expenditure
i
Funds Expended to Date(Include this
Quarter)
Total Project Budget
00 Project Budget Expended to Date
Balance Remaining
Page 1 of 5
INFORMATION TITLE:
FA#:
QUARTERLY REPORT SUBMITTED FOR:
Fiscal Year: F�2014-2015 2015-2016
Quarter: ❑Q1:Jul-Sep F1 Q2:Oct-Dec
RQ3:Jan-Mar ❑ Q4:Apr-Jun
DATE SUBMITTED:
Name:
LACMTA Project Mgr. Area Team:
Phone Number:
e-mail:
Contact Name:
Job Title:
Department:
Project Sponsor Contact I
Project Manager City/Agency:
Mailing Address:
Phone Number:
e-mail:
Page 2 of 5
iSECTION 3:QUARTERLY PROGRESS REPORT
1. DELIVERABLES&MILESTONES
List all deliverables and milestones as stated in the FA, with start and end dates Calculate the total project duration DO NOT CHANGE THE
ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2ND AND 3RD COLUMNS BELOW.
Grantees must make every effort to accurately portray milestone dates in the original FA Scope of Work,since this will provide the basis for calculating
any project delay. If milestone start and/or end dates change from those slated in the Original FA Scope of Work,indicate the new dates under Actual
Schedule below and re-calculate the project duration However, this does not change the original milestones in your FA. PER YOUR FUNDING
AGREEMENT,ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR
WRITTEN CONCURRENCE.
Original FA Schedule in Scope of Actual Schedule
FA Milestones Work
Start Date End Date Start Date J End Date
l
Total Project Duration(Months)
2.PROJECT COMPLETION
A. Based on the comparison of the original and actual project milestone schedules above,project is(select only one)
FlOn schedule per original FA schedule Less than 12 months behind original schedule
Between 12-24 months behind original schedule More than 24 months behind original schedule
B.Was the project design started within 6 months of the date originally stated in the FA?
❑ Yes ❑ No ❑ Not Applicable
C Was a construction contract or capital purchase executed within 9 months after completion of design/specifications?
❑ Yes No Not Applicable
Page 3 of 5
[3.TASKS!MILESTONES ACCOMPLISHED _
List tasks or milestones accomplished and progress made this quarter.
4.PROJECT DELAY
If project is delayed,describe reasons for delay(this quarter). Pay particular attention to schedule delays- If delay is for the
same reason as mentioned in previous quarters,please indicate by writing"Same as Previous Quarter".
,5.ACTION ITEMS TO RESOLVE DELAY
If the project is delayed(as described in#4),include action items that have been,or will be,undertaken to resolve the delay.
Page 4 of 5
�SECTION 4:ITEMIZED LISTING OF EXPENSES AND CHARGES THIS QUARTER
All expenses and charges,including grant and local match,must be itemized and listed below. Each item listed must be verifiable by an invoice
and/or other proper documentation The total Amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All
expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B,Scope of Work Use additional pages
if needed
I
ITEM NCEB TOTALCHARGES EXPENSES, 5 CHARGED TO LAC MTA GRANTS CHARGED TO LOCAL MATCH
1
2
3
4
5
6
7
8
9
10
11
'12
'I 3
1d
TOTAL
Notes:
1 Local match spent in each quarter,must be in the appropriate proportion to LACMTA grant
2 All receipts,invoices,and time sheets,attached and included with this Expense Report must be listed and shown under the Invoice Number
column of the Itemized Listing(above)
Invoice Payment Information:
LACMTA will make all disbursements electronically unless an exception is requested in writing.
ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6107.
ACH Request Forms can be found at www.metro.net/callforprojects.
Written exception requests for Check Payments should be completed and faxed to Accounts Payable at 213-922-6107.
1 certify that I am the responsible Project Manager or fiscal officer and representative of
and that to the best of my knowledge and belief the information
stated in this report is true and correct.
Signature Date
Name w Title
Page 5 of 5
Attachment G
REPORTING & EXPENDITURE GUIDELINES
REPORTING PROCEDURES
• Monthly/Quarterly Expense Report and Monthly/Quarterly Progress Report (Attachment F) are required
for all projects. No funds will be disbursed unless these reports have been submitted and approved by
the Metro based on the Funding Agreement(FA)reporting schedule.
■ The Monthly/Quarterly Progress Report covers all activities related to the project. It is essential that
Grantee provide complete and adequate response to all the questions. In cases where there are no
activities to report, or problems causing delays, clear explanation, including actions to remedy the
situation, must be provided.
■ The Monthly/Quarterly Expense Report lists all costs incurred. The expenses listed must be supported
by appropriate documentation such as invoices, receipts, time sheets, etc. Every invoice or receipt must
be accompanied with a clear explanation of its purpose and its relevance to the project.
■ The Monthly/Quarterly Expense Report must reflect the share of local match, including in-kind, charged
to the grant. If reported charges to local match are below the committed ratio (grant to local
match) as indicated in the project FA, Metro may automatically adjust the grant payment
accordingly or payment may be withheld at the discretion of the Metro Project Manager.
■ Monthly/Quarterly reports are due on the 15`h day of the months of October, January, April and July.
Reporting schedule is based on the fiscal year as follows:
Quarter Report Due Date
July- September October 15
October-December January 15
January -March April 15
April-June July 15
EXPENDITURE GUIDELINES
• Any activity or expense charged above and beyond the approved Scope of Work (Attachment B) is
considered ineligible and will not be reimbursed by the Metro unless prior written authorization has
been granted by the Metro Chief Executive Officer or his designee.
• Any expense charged to the grant or local match, including in-kind, must be clearly and directly related
to the project.
• Any activity or expense charged as local match cannot be applied to any other Metro-funded or non-
Metro-funded projects; activities or expenses related to a previously funded project cannot be used as
local match for the current project.
• Administrative cost is the ongoing expense incurred by the grantee for the duration of the project and for
the direct benefit of the project as specified in the Scope of Work (Attachment B). Examples of
administrative costs are personnel, office supplies, and equipment. As a condition for eligibility, all costs
must be necessary for maintaining, monitoring, coordinating, reporting and budgeting of the project.
Additionally, expenses must be reasonable and appropriate to the activities related to the project.
• Metro is not responsible for, and will not reimburse any costs incurred by the Grantee prior to the
execution of the FA, unless written authorization has been granted by the Metro Chief Executive
Officer or her designee.
• The FA is considered executed when the Metro Chief Executive Officer or her designee signs the
document.
DEFINITIONS
• Local Participation: Where local participation consists of"in-kind" contributions rather than funds, the
following contributions may be included:
• Costs incurred by a local jurisdiction to successfully complete the project. Examples include
engineering, design, rights-of-way purchase, and construction management costs.
• Donations of land, building space, supplies, equipment, loaned equipment, or loaned building
space dedicated to the project.
• Donations of volunteer services dedicated to the project.
• A third-party contribution of services, land, building space, supplies or equipment dedicated to
the project.
• Allowable Cost: To be allowable, costs must be reasonable, recognized as ordinary and necessary,
consistent with established practices of the organization, and consistent with industry standard of pay for
work classification.
• Excessive Cost: Any expense deemed "excessive" by Metro staff will be adjusted to reflect a
"reasonable and customary" level. For detail definition of"reasonable cost", please refer to the Federal
Register OMB Circulars A-87 Cost Principals for State and Local Governments; and A-122 Cost
Principals for Nonprofit Organizations.
• In-eligible Expenditures: Any activity or expense charged above and beyond the approved Scope of
Work is considered in-eligible.
ATTACHMENT H
Los Angeles Metropolitan Transportation Authority
2013 Federal Transportation Improvement Program ($000)
TIP ■ LAOC8413 Implementing Agency
Project Description:METRO RAPID BUS STATIONS-PHASE II:INCLUDES COMMUNICATIONS 8 EQUIPMENT-Equipment and SCAG RTP Project*LAOCS413
Study:N/A Is Model:NO Model#:
Bus Shelters only PM:Michael Richmai-(213)922-2558
Email:Richmaim@metro.net
LS:N LS GROUP#:
Conformity Category:EXEMPT-93126
System:Transit Route: Postmile:0 to 0 Phase:Environmental Document/Pre-Design Phase(PAED) Completion Date 12/31/2013
Transit Rl: Transit Mode: Fare: Trans Fee: Prk Ride Loc: Air Basin:SCAB Envir Doc:CATEGORICALLY EXEMPT-12/30/2003
Uza:Los Angeles-Long Sub-Area: Sub-Region:
Beach-Santa Ana
Headway Peak: Headway OP Stop Time:Parking$: Stop Dist: CTIPS ID: 20920001980 EA#: PPNO:
Program Code:NCR10-PASSENGER BENCHES&SMALL SHELTERS Stop Loc:
PHASE PRIOR 12113 13/14 14/15 15116 16/17 17/18 BEYOND TOTAL
PE
RW
CON
SUBTOTAL
5309b-FTA New Rall Starts PE $0 $0
RW $0 $0
CON $16.700 $16.700
SUBTOTAL $16,700 $16.700
AGENCY-Agency PE $0 $0
RW $0 $0
CON $47.155 $47.155
SUBTOTAL $47,155 $47,155
CMAQ-Congestion Mitigation Air Quality PE $0 $0
RW $0 s0
CON $46,145 $46.145
SUBTOTAL $46,145 $46.145
TOTAL PE: $0 TOTAL RW: $0 TOTAL CON: $110.000
-General Comment:The project is being carried over without any changes The funds have been obligated under CA-03-0796:however,the project is not completed yet.The completion date is exlended due to the
design that took longer than anticipated to complete
-Mdeling comment:
-TCM Comment:
-Narrative:Project cost stays the some
Changed Project Completion Date:
-from"10/1/2012"lo'12131/2013"
No change in projecl funding
Total ro act cast remains the same ar 5110,000
e r t -■ ■ Change reason:Carry Over,MINOR CHANGE Total Cost $110,000
Page 1 Monday,June 2,2014
RECEIVED
RECEIVED _
DEC 012014 % DEC 01 20%
r wv�'t
CITY CLERK'S OFFICE c � CITY ADMINISIWION
STAFF REPORT
PUBLIC WORKS, WATER & DEVELOPMENT SERVICES
DATE: December 9,2014
TO: Honorable Mayor and City Council
41)
BY: Samuel Kevin Wilson,Director of Community Services&Water
RE: Recommendation to authorize the Mayor to Send a Letter to the Los Angeles
Metropolitan Transportation Authority Stating the City of Vernon's Preferred
Alignment for the West Santa Ana Branch Transit Corridor Project
Recommendation
It is recommended that the City Council:
1) Find that the mailing of a letter to the Los Angeles Metropolitan Transportation Authority
(Metro)regarding the City's preferred alignment for the West Santa Ana Branch Transit Corridor Project
is exempt under the California Environmental Quality Act(CEQA)in accordance with Section
15061(b)(3),the general rule that CEQA only applies to projects that may have an effect on the
environment. Additionally,an Environmental Impact Report will be prepared by Metro prior to the
commencement of construction of the project.
2) Authorize the Mayor to execute a letter to the Los Angeles Metropolitan Transportation
Authority advising that the City Council has determined that the City of Vernon's preferred northern
alignment for the West Santa Ana Branch Transit Corridor Project is along the Metro Blue line corridor
from Randolph Street to Washington Blvd., and that if an alignment is selected through Vernon that it
shall be fully grade separated.
Backeround
The Los Angeles Metropolitan Transportation Authority(Metro)is currently preparing a refinement
study of the northern alignment of the West Santa Ana Branch Transit Corridor Project. The project is also
commonly referred to as the Eco Rapid Transit line. MTA has retained Parsons Brinkerhoff to prepare the
Study. The original alternative analysis prepared by the Southern California Association of Governments
showed two potential alignments. One of the routes utilized the Union Pacific Railroad alignment paralleling
Downey Road through Vernon. Because of severe right of way constraints as this alignment approaches Union
Station in the City of Los Angeles this route does not appear to be viable. The second alignment proposed to
route the transit line through Vernon by traversing northerly along Pacific Boulevard,as the line approaches
Santa Fe Avenue it would then transition onto the BNSF Railroad right of way paralleling Santa Fe Avenue.
The transit corridor is currently proposed to be at grade from the south City boundary to just north of Vernon
Avenue where it would transition onto an aerial structure. City has several concerns with this proposed
alignment as outlined below.
1) The Vernon City Civic Center including the City's Police Station and one of its Fire Stations
is located approximately 700 feet east of West Bank Alternative 3 alignment(the BNSF
Railroad right of way which parallels Santa Fe Avenue). While the City of Vernon sees
many benefits to this alignment it also raises many concerns especially in regards to public
safety response times and traffic impacts. The City was advised that the transit line would
operate on five minute headways in each direction during peak periods. The safety gates
would be down approximately 40 seconds during each train crossing. Based on this, during
peak periods the gate could be down blocking traffic up to 25% of the time. This will cause
additional back up on already congested streets. The City's Public Safety sector prides itself
in its response time that it provides to its citizens. Average response times for the City Police
Department are 3 minutes and 13 seconds. The Fire Department has similar response times.
Since the transit corridor is not proposed to be grade separated in this area the transit line will
greatly impact these response times, potentially putting our citizens and business community
at a greater risk.
2) The BNSF Harbor Subdivision rail corridor that will be utilized for the West Bank 3
alignment currently provides freight rail service to businesses in Vernon. A comprehensive
study must be conducted to fully understand if any properties will have their rail service
totally eliminated. Abandonment of freight service on this line could potentially negatively
impact property values in Vernon and could cause certain businesses to leave or incur great
costs to truck the materials to their site if they cannot be provided rail service.
3) Vernon is unlike any other community in the County. The City is made up almost
exclusively of industrial, commercial, distribution and trucking firms. While the transit line
may serve the community by providing an alternative mode of transportation for its
employees, an at grade transit line will play havoc on the movement of freight through our
City. There are very few east west roadways traversing the City. The proposed transit line
will bisect these roadways exasperating roadway congestion to an intolerable situation
especially during rush hour peaks as employees arrive to work. Additionally,the transit line
will bisect several dead end streets. The businesses at the end of the these streets will be cut
off when a train passes by resulting in reduced response times on public safety emergency
calls, delays of vehicular movements into and out of their properties and more than likely
reduced property values because of the inaccessibility the transit line has caused.
4) Large truck access is needed for virtually every business in Vernon including those along
Pacific Blvd. Most properties along Pacific Blvd. only have access off of Pacific Blvd.
While Pacific Blvd. has sufficient width to accommodate the transit line a street running
transit line proposes to eliminate left turn movements along this street. These turning
movements are vital to the City's circulation system along Pacific Blvd. and will have a
tremendous impact on the business lining the street. The elimination of left turn movements
along Pacific Blvd. does not appear to be an option.
5) As the transit corridor travels north of the City it transitions into Santa Fe Avenue. Santa Fe
Avenue has very high traffic volumes and serves as one of the primary connections from
Vernon to the County's freeway system. While the transit line is proposed to be elevated
through this section the right of way in Santa Fe Avenue is narrow and cannot accommodate
the new transit line without widening of the roadway. Elimination of left had turning
movements; especially at the I-10 onramps is not an acceptable option. Currently the lengths
of the turn pockets are inadequate. Careful examination must be made to determine how the
transit line can exist within this section of Santa Fe Avenue.
At a recent meeting with Metro and its consultant a viable alternative was proposed. This alternative
would route the transit line on an elevated structure along the Metro Blue line corridor paralleling Long Beach
Avenue just west of the Vernon's Boundary. Attached herewith is a map showing the alternative alignment.
This grade separated alternative would alleviate many of the concerns raised above. While the City may not
receive the economic benefit of having a station located within its boundary,it would also not have to endure
the traffic chaos raised during the construction and operation of the transit line. It appears that the benefits of the
Blue line alignment for the West Santa Ana Branch Transit Corridor Project outweigh the benefits of having an
at grade alignment through Vernon.
It is therefore recommended that the Mayor send a letter to METRO stating that the City of Vernon
strongly supports the northern alignment of the West Santa Ana Branch Transit Corridor Project on an elevated
structure along the METRO Blue line route which parallels Long Beach Avenue in the City of Los Angeles. In
addition,METRO shall analyze the possibility of constructing a transit stop at Vernon Avenue Blue line station
that can also serve as a shuttle stop for a bus system to serve the Vernon community and its more than 50,000
employees. Lastly,if after further study it is found that the Blue line alternative is not feasible,that METRO be
advised that any proposed alignment of the West Santa Ana Branch Transit Corridor Project through Vernon
will be required to be fully grade separated.
Fiscal Impact
The proposed project will be funded by METRO and the Federal Government;therefore there is
no fiscal impact to the City of Vernon.
Enclosures
# �
ij
- n .Ettong Beach/ -ilp
r . .. Washington
-41
NIV 40IV
ILI
_ .. Long Beach JOr,� _ Pacifica
-. #.. . . Vernon Vernon
_ NEWdw
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,r II ilk � 't
4 � 4 r t-
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_ ■
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South of H-P
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- r � �^� ,� t�. 14 4 �• � hit ,-
01Z RECEIVED
REOFI1��ED � � *� NOV252014
h'e it i
CITY ADMINlST
NOV 2 6 2014
CITY CL����S 4 STAFF REPORT
PUBjj&'VORKS, WATER AND DEVELOPMENT SERrICES
DATE: December 9,2014
TO: Honorable Mayor and City Council
r
FROM: Samuel Kevin Wilson Director of Public Works,Water and Development Services
RE: Presentation on Proposed Zoning Amendments
Recommendation
No action is required at this time. A presentation to City Council will be made on proposed
zoning amendments. It is recommended that the presentation be received and filed and that City
Council provide staff with guidance on the proposed zoning amendments and on any further
modifications to the Zoning Ordinance that it feels is appropriate.
Background
City Staff began a thorough review of the City's Zoning Ordinance in 2012 to create a zoning
overlay zone where new housing could be accommodated. As part of this process and public outreach
through the City's Business Development Commission it was determined that additional zoning
amendments should be incorporated into the zoning ordinance to enhance development within the City
and to better protect its businesses and residents. Since creating a new zone for a housing project was
of imminent importance City staff concentrated its initial effort on creating zoning provisions for a new
housing and emergency shelter overlay zone within the City. This was completed in early 2013. Upon
completion of this phase City staff, working with its consultant, continue to review and develop
additional proposed zoning revisions, including the creation of a new trucking overlay zone, the
expansion of the commercial overlay, the development of a temporary use and minor conditional use
permit process along with numerous other technical provisions. Staff would like to make a brief
presentation to City Council on the proposed zoning amendments and seek guidance from City Council
on these amendments. Attached herewith is a redline copy of the City's Zoning ordinance comparing
the proposed amendments versus the City's current zoning Ordinance.
If City Council is in concurrence with the proposed zoning amendments, then staff proposes to
host public workshops with the community on the proposed amendments and circulate the
environmental document on the project in accordance with CEQA guidelines. After receiving
comments from the public, City Staff will prepare an ordinance amending the zoning code for City
Council consideration in the February-March 2015 timeframe.
COMPREHENSIVE
ZONING ORDINANCE
OF THE CITY OF VERNON
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2014
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Comp
Amended Februar, 2013
COMPREHENSIVE ZONING ORDINANCE
OF THE
CITY OF VERNON
Chapter 26 of
The Code of the City of Vernon
Effective Date of This Ordinance
January 16,2008
Amended
Nfiu,6Febniary 5,2013
Table of Contents
COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF VERNON
PART PAGE
ArticleI........................................................................................................................... Introduction. I-1
Sec. 26.1.1. Title.....................................................................................................................I-114
Sec. 26.1.2. Purpose and Intent. ..........................................................................................I-114
Sec. 26.1.3. Interpretation and Conflicts............................................................................I-114
Sec. 26.1.4. Applicability.......................................................................................................I-1-1-1
Sec. 26.1.5. Vested Right.......................................................................................................I-21-2
Sec. 26.1.6. Severability.......................................................................................................I-26I-2
Sec. 26.1.7. Statute of Limitations for Actions Attacking General Plan,
Zoning Ordinance, or Zoning Decisions......................................................I--f
ArticleII. ............................................._..._.......:-.::.:.-........................................................ Definitions. II-11-
26.2. Purpose of Definitions;Words Defined........................................II-IH4
Sec. 26.2.1. Definitions (A)................................................................................................II-11 -4
Sec. 26.2.2. Definitions (B)................................................................................................II-214-4
Sec. 26.2.3. Definitions (C)...........................................................................................II-27411-2
Sec. 26.2.4. Definitions (D-E)......................................................................................II-3"II-3
Sec. 26.2.5. Definitions (F-G)...........................................................................................II-4H-3
Sec. 26.2.6. Definitions (H-I).....................................................................................II-594911-5
Sec. 26.2.7. Definitions U-K). ...........................................................................................II-514-S
Sec. 26.2.8. Definitions (L).......................................................................................H-644441I-6
Sec. 26.2.9. Definitions (M-O).................................................................................II-644-43I1-6
Sec. 26.2.10. Definitions (P-Q)..................................................................................II-813-141I-8
Sec. 26.2.11. Definitions (R).......................................................................................II-914-1511-9
Sec. 26.2.12. Definitions (S). ............................................................................................II-10H-#
Sec. 26.2.13. Definitions M...................................................................................11-1115 1 11-11
Sec. 26.2.14. Definitions (U-V)......................................................................................II-1211-44
Sec. 26.2.15. Definitions (W-Z).....................................................................................II-12TT 4
Article III.................................................................................................. Zone and Overlay Zones. II-11
Sec. 26.3.1. Zone and Overlay Zones of the City......................................................1II-11I1-4
Sec. 26.3.2. Comprehensive Zoning Map. ..................................................................III-2H4-2
Sec. 26.3.3. Uncertainty as to Overlay Zone Boundaries..........................................III-211-1-2
Sec. 26.3.4. Keeping of Zoning Map...........................................................................III-2H4-2
Article III. 'Zones, Permitted Uses, Development Standards, and Site Planning Standards.
III-1
Sec. 26.4.1. General Industry (I) Zone. ...............................................................IV-119 26IV-1
Sec. 26.4.2. Commercial-1 (C-1) Overlay Zone. ............................................IV-1127 28IV-11
Sec. 26.4.3. Commercial-2 (C-2) Overlay Zone. ...............................................................IV-12
Sec. 26.4.4. Slaughtering (S) Overlay Zone.....................................................rV-1428-291V-14
Chapter 26.Comprehensive Zoning Ordinance
Table of Contents
Sec. 26.4.45. Rendering (R) Overlay Zone................................................................IV-151N' 11
Sec. 26.4.56. Housing (H) Overlay
Zone............................................29 z,...............................................IV-15
See. 26-1-:7Sec. 26.4.7..............................Truck and Freight Terminal (1) Overlay Zone. IV-1,
Sec. 26.4.8. Emergency Shelter (E) Overlay Zone.
.....3' 3' IV-18
Article V............................................ Regulations Applicable to the I Zone and Overlay Zones. IV-11
Sec. 26.5.1. Off-Street Parking and Loading Facilities.........................................V-13r3-1 V-1
Sec. 26.5.2. Street Dedication and Fee-for-Improvements..........................................V-1"Pir-9
Sec. 26.5.3. Legal Nonconforming Status..........................................................V-14�9-4�V-14
Article VI. .............................................................................. Special Regulations and Procedures. V-1V
Sec. 26.6.1. Purpose...M.....M.....................M.......
Sec. 26.6.2. Variances.............................................................................................VI-145-50VI-1
Sec. 26.6.3. Conditional Use Permit.....................................................................VI-650-55VI-6
Sec. 26.6.4. Minor Conditional Use Permit..._m_m...........................m.m.......m....m......m_.........VI-12
Sec. 26.6.5. Temporary Use Perm ics.......................•-•---......_...............................................VI-17
Sec. 26.6-6. Zoning Ordinance or Text Amendment....................................VI-2256-56VI-22
Sec. 26.6.157. Interpretations,Minor Exceptions,and Appeals......................VI-2346-57VT-23
See-_6.6A Sec. 26.6.8.Development Agreement. .................. ......... VI-2z
Sec. 26.6.=9. Reasonable Accommodation.
.......................................59 6".............................................................VI-25
Sec. 26.6.10. : -- IJensity Bonuses. .................. ..................... ................ " VI-2t
Article VII............................... Zoning Regulations for Adult or Sexually Oriented Businesses. VI-P
Sec. 26.7.1. Purpose.............. ...m___......M......... ........M.M.....M.M...... ...VII-1�H-1
............................
Sec. 26.7.2. Definitions...............................................................................................VII-13fq!-1
Sec. 26.7.3. Location Requirements..........................................................................VII-1;q!-1
Article VIII........................... Zoning Regulations for Off-Site Outdoor Advertising Structures. VII-]
Sec. 26.8.1. Application of Article........................ ...............VIII-1Nq1j-1
Sec. 26.8.2. Development Agreement Required............VIII-I3I-1
Sec. 26.8.3. General Conditions......................................................................VIII-1£2-65VIII-1
ed_P ......................................................................................................................................................Flife eeffienem —IX-H
Article IX.Zoning Regulations for Drive-through and Drive-up Facilities.....................VIII-1
Sec. 26.9.1. Purpose.................................................................................................................IX-1
Sec. 26.9.2. Application of Article.........................................................................X-165-69IX-1
Sec. 26.9.3. General conditions............................................................
Chapter 26. Comprehensive Zoning Ordinance
Article I. Introduction.
ArticleX. Enforcement.........................................................................................................IX-1
Sec. 26.10.1. Application of Article..........................................................................................X-1
Comprehensive Zoning Map of the City of Vernon.................................................70
-2 Chapter 26.Comprehensive Zoning Ordinance
Article I. Introduction.
Chapter 26. Comprehensive Zoning Ordinance
Article I. Introduction.
I
Sec. 26.1.1. Title.
This Chapter and the accompanying Zoning Map shall be known as the "Comprehensive Zoning
Ordinance of the City of Vernon" (hereinafter this "Chapter"), which for convenience may be
referred to as the "Zoning Ordinance" or "this Ordinance". The Err,...._.. Tl..te of this .-,rdin __e ig
jftntiftry 16,2008.
Sec. 26.1.2. Purpose and Intent.
The purpose of this Chapter is to consolidate and coordinate all existing zoning regulations and
provisions into one comprehensive zoning plan that designates, regulates, and restricts the use,
location, and size of Buildings,Ancillary Structures, and land for industrial uses and other permitted
purposes and that establishes performance and development standards in order to protect the public
health, safety, and welfare. To achieve these purposes, this Chapter establishes one Zone within the
City (Industrial) and various Overlay Zones of such number, shape, and area as have been deemed
best suited to carry out these regulations and provide for the administration and enforcement of said
regulations. It is declared that in the enactment of this Chapter, the City Council has given due and
special consideration to the industrial nature of the City, and to the City's continuing focus on
providing a suitable location for industry and the infrastructure and services required to serve
industrial activities. The City's intent is to continue to support the ongoing industrial character of
the City, while recognizing the changing industrial environment throughout the United States and
globally,and to respond appropriately. The City Council has further seriously considered the impact
of the City's pervasive industrial environment and resulting land use incompatibilities with certain
other uses as a result of, among other issues, the storage, use, transportation, and processing of
hazardous materials; background contamination; noxious odors; noise pollution; and truck and
railroad traffic throughout the City.
Sec. 26.1.3. Interpretation and Conflicts.
This Chapter supersedes and replaces all prior zoning codes or ordinances and amendments thereto,
and represents the entire and complete zoning ordinance for the City as of the date of its effective
date. Wherever the requirements of this Chapter are at variance with the requirements of any other
lawfully adopted rule, regulation, or ordinance, the most restrictive or that imposing the higher
standards shall govern.
Sec. 26.1.4. Applicability.
This Chapter shall apply as follows:
Sec.26.L4-L Buildings, Ancillary Structures, and Lots. Except as provided by this Chapter, no
Building,Ancillary Structure, or Lot shall hereafter be used or occupied and no Building or Ancillary
Structure or part thereof shall be erected, moved, or altered unless in conformity with the
I-1 Chapter 26. Comprehensive Zoning Ordinance
Article I. Introduction.
regulations herein specified for the Zone or Overlay Zone in which it is located, and then only after
securing all permits and licenses required by any law or ordinance.
Sec.26.1.4-2. Licenses and Pennies. No City official, officer, or employee or anyone acting
upolion behalf of such person shall issue any license or permit for uses, Buildings, or purposes
contrary to, or in violation of, the provisions of this Chapter.
Sec.26.1.4-3. Autboi*y. Whenever a power is granted to or a duty imposed upon a public officer
by this Chapter, the power may be exercised or the duty may be performed by the City Council, that
officer or a duly authorized representative of that officer, or a person authorized pursuant to law or
ordinance,unless this Chapter expressly provides otherwise.
Sec. 26.1.5. Vested Right.
Nothing in this Chapter shall create or be construed to create any vested right in any Person.
Sec. 26.1.6. Severability.
If any provision or clause of this Chapter or the application thereof to any Person or circumstance is
held invalid, such invalidity shall not affect other provisions or applications of this Chapter which
can be carried out without the invalid provision or application, and to this end the provisions of this
Chapter are declared to be severable.
Sec. 26.1.7. Statute of Limitations for Actions Attacking General Plan, Zoning Ordinance,
or Zoning Decisions.
Except as otherwise provided in the California Government Code-, Section 65009,-sttbdiv4sieas--�
aad-(�, no action or proceeding to attack, review, set aside,void, or annul the City Council's decision
to adopt or amend its general plan or this Code, or any decision on the granting or denial of a
Conditional Use Permit, Minor Conditional Use Permit, Temporary Use Permit, Variance, or
Development Agreement, or to determine the reasonableness, legality, or validity of any condition
attached to a Conditional Use Permit, Minor Conditional Use Permit, Temporary Use Permit,
Variance, or Development Agreement or any other permit, or concerning any of the proceedings,
acts, or determinations taken, done, or made prior to any decision in connection with any of the
above, shall be maintained by any Person unless such action or proceeding is commenced and
service is made on the City Council within ninety (90) days after the date of the City Council's
decision. Thereafter all Persons are barred from any such action or proceeding or any defense of
invalidity or unreasonableness of such decision or of such proceedings, acts, or determinations.
Chapter 26.Comprehensive Zoning Ordinance I-2
Article II. Definitions.
Article II. Definitions.
A&fiele-H. II
26.2. Purpose of Definitions;Words Defined.
For the purpose of this Chapter, certain words and terms are defined and shall be construed as
herein set forth unless otherwise expressly stated, or unless the context clearly indicates a different
intention. Words defined herein may have different definitions in different Chapters of this Code.
Sec. 26.2.1. Definitions (A).
Adult of Sexually Oriented Businesses shall have the same meaning as defined in Chapter 5,
"Business License -taxes and Other City Taxes,"Article VI, `Business Permit Regulations for Adult
or Sexually Oriented Businesses or Similar Businesses" (See Code Section 5.81 et. sel. of d9is Gege;.2,
"Definitions A-B'), and shall be deemed to be eidie" £anwnerei*lFirst Amendment Protected Use
or*Remg Use,depending on the meui-e of the ..
Amendment shall mean a change in the wording, context, or substance of this Chapter or a change
in the Zone or Overlay Zone boundaries or Zone or Overlay Zone classifications upon the Zoning
Map.
Ancillary Structure shall mean any structure that is built or constructed to be used in connection
with the use of the Property on which it is located, including items such as a fence, wall, eIrsteps,
sign, or other structure built or composed of parts joined together in some definite manner,
excluding a Building, and shall also include any equipment anchored to the ground.
Ancillary Use shall mean a use customarily incidental or subordinate to a Person's Permitted Use,
as further described in Section 26.4.1-2(*h), `Ancillary Use," such as office space or 5kay.
reemshowroorn space, that does not occupy more than twenty percent (2d°/o) of the gross Floor
Area occupied by the Person's Permitted Use
revenues of the Pe Ancillary Use shall include mail-order or internet sales in connection with a
Permitted Use.
Ancillary Retail Use shall mean a Retail Use customarily incidental or subordinate to a Person's
Permitted Use, as further described in Section 26.4.1 A(b) that does not occupy more than ten
percent (10%) of the gross Floor Area occupied by the Person's Permitted Use. Any retail activity
exceeding this limit shall be considered a primary use of property and subject to the land use
regulations applicable to such use. Ancillary Retail Use shall not include mail-order or internet sales
in connection with a Permitted Use.
Auto Wrecker- see Junk or Salvage Business.
Awning shall mean an architectural projection that provides weather protection, identity, or
decoration, and which projects from and is wholly supported by the exterior wall of a building to
which it is attached, requiring no additional strucrure(s) for support. An awning is typically
composed of canvas or other similar material,
II-1 Chapter 26. Comprehensive Zoning Ordinance
Article II. Definitions.
Sec. 26.2.2. Definitions (B).
Bats shall mean establishments that primarily serve alcoholic beverages (not including restaurants
that primarily serve food, and that also serve alcoholic beverages), including, without limitation,
taverns; and nightclubs, and a____ ' -" . Bar shall not include an Adult or Sexually Oriented
Business, even if it serves alcoholic beverages.
Billboard- See Outdoot Advertising Structure.
Building shall mean any structure having a permanent roof supported by columns or walls and
attached to the ground.
Sec. 26.2.3. Definitions (C).
Canopy shall mean any fixed roof-like structure or architectural projection of rigid construction that
is structurally independent or supported by attachment to a Building on one end and by not less
than one stanchion on the outer end
Cell Tower shall mean a structure intended to support equipment used to transmit and/or receive
telecommunications sigaals,including monopoles,guyed,and lattice construction steel structures.
Seems.
CEQA shall mean the California Environmental Quality Act, California Public Resources Code
Sections 21000-21177.
ChaW of Use fhl]shall mean any new use or change of activity, including anv
commencement of a new business activity,
purpose, or use that requires a permit from the Department of Gommtmity SetvieegPublic Works,
Water and Development Services pursuant to this Chapter, except that a use permitted by a
Temporary Use Permit or a Special Events Permit shall not be considered a Change of Use.
Chaptetshall mean this Chapter 26;Comprehensive Zoning Ordinance of the City of Vernon.
City shall mean the City of Vernon.
City Council shall mean the City Council of the City of Vernon.
Code shall mean the Municipal Code of the City of Vernon.
Cold Storage Warehouse shall mean a Building or part of a Building used primarily to store
tenon-durable, perishable goods under refrigeration at temperatures of thirty-five degrees
Fahrenheit (35°) or lower, excluding areas used for the processing, preparing, or packaging of such
goods for storage.
Commercial Use shall mean businesses that provide goods or services to emplayees of businesses
laeafed in the City, and resideets of ,including but not limited to banks, publishing and printing
shops, equipment rental and leasing, Offices, automotive repair, and
BusinessesUrgent Care Facilities.
Chapter 26.Comprehensive Zoning Ordinance II-2
Article II. Definitions.
Community Facilities shall mean Buildings and facilities intended to be used by the general public
(or segments of the general public), including, without limitation, private schools (including special
purpose schools, such as nursery schools, trade sehoo'g, or special interest schools, but not including
trade schools), gyfftitftsitims, libraries, museums, he;Ath senior citizen centers, day care centers,
hospitals and emergency rooms, multi-use facilities, such as YMCAs and community centers,
cemeteries, and other similar facilities, but not including a Religious Use or a Convention and
Entertainment Venue, as defined below.
Conditional Use Permit shall mean a discretionary permit granted by the City Council for certain
uses of Property not permitted of right because such uses require special review and may be subject
to special conditions. The requirements for a Conditional Use Permit are set forth in Section 26.6.3.
Contractor's Yard shall mean a permanent site that houses a contractor's equipment or materials;
which are stored either outdoors.
Convention and Entertainment Venues shall mean establishments providing space for public or
rivate gatherings and meetings, including but not limited to banquet rooms,
auditoriums, conference/convention facilities, and facilities for participant or spectator
recreation or entertainment. This definition does not include Adult or Sexually Oriented Businesses,
Religious Uses,or Bars.
Sec. 26.2.4. Definitions (D-E).
Data Center shall mean a Building with a controlled environment used for housing a large amount
of electronic equipment, typically computers and communications equipment, for the purpose of
creating a hosted computer environment.
Density shall mean the total number of permanent residential dwelling units per acre of land,
exclusive of all existing public , Right-of-way surfaces or similar property.
Development Agreement shall mean a contract duly executed and legally binding between the City
of Vernon and a developer(s) pursuant to Government Code Sections 65864 through 65869.5 et seq.
Development Standards shall mean the development and performance standards described in
Section 26.4.1-67, "Development Standards and Site Planning Standards," and/or development and
performance standards identified for individual Overlay Zones in this Chapter.
Digital Display shall mean the face of a sign or Outdoor Advertising Structure that is comprised of
a digital or electronic face with intermittent changeable messages.
Director shall mean the City of Vernon Director of Public Works, Water, and Development
Services.
Drive-Through or Drive-Up Facilities.An establislirnent that sells products or provides services
to occupants in vehicles, including drive-in or drive-up windows and drive-through services
examples include fast food restaurants,banks, and pharmacies.
II-3 Chapter 26. Comprehensive Zoning Ordinance
Article II. Definitions.
Dwelling Unit-see Residence.
Emergency Shelter, pursuant to California Health and Safety Code Section 50801(e), shall mean a
facility that provides immediate and short-term housing to homeless persons or families on a first
come, first-serve basis where the individual(s) must vacate the facility each morning and have no
guaranteed bed for the next night. No individual or household may be denied emergency shelter
because of inability to pay.
Sec. 26.2.5. Definitions (F-G).
First Amendment Protected Uses shall mean those uses with legal precedent to be protected by
the First Amendment to the United States Constitution, specifically those uses constitutionally
protected due to "freedom of association" in the form of intimate association ("intimate human
relations'} or expressive association ("engaging in those activities protected by the First Amendment
— speech, assembly, petition for the redress of grievances, and the exercise of religion"}. First
Amendment Protected Uses shall include but not be limited to Adult or Sexually 04 iented
Businesses and Tattoo Parlors.
Floor Area shall mean the total horizontal area of all floors contained within the exterior walls of all
Buildings, measured by the exterior dimensions of the Building, on a Lot. It shall include elevated
storage areas and platforms, walkways, and similar interior structures or facilities used to provide
access to such storage areas, but not where the same are used to provide access solely to machinery
or equipment and are not normally occupied, except to maintain the equipment. Outdoor dining
areas and balconies shall be considered floor area for determining the required parking and loading
requirements. It shall not include Awnings, or Garages that are required pares for a Permitted
Residential Use.jh2j
Floor Area Ratio shall mean the ratio of the Floor Area of all Buildings on a Lot to the
buAdingbuildable area of that Lot.
Force Majeure shall mean an event that is not within the control of the owner of the Property,
including,without limitation, earthquake, flood, fire,and acts of war or terrorism.
Freight Terminal shall mean any Lot, Building, or portion thereof
where goods or freight, excluding perishable goods,are transferred or redistributed from one vehicle
to another; provided, however, that such use in connection with the operation of a Warehouse Use
or Cold Storage Warehouse shall not be deemed to be a Freight Terminal. A Freight Tern 'Mal shall
not include any use involved in the storage of products for more than 72 hours. (For products
stored longer than 72 hours, see "Warehouse Use").
Fueling Station shall mean any establishments engaged in the retail sale of gasoline, diesel, and
alternative fuel, lubricants, parts, and accessories, that may include accessory minor maintenance and
repair of automobiles and light trucks, vans, or similar size vehicles (i.e., vehicles that have gross
vehicle weights less than 10,000 pounds). Minor repair does include body and fender work.
Garage shall mean a structure or portion of a structure completely enclosed by walls or doors on all
sides that is designed or used to shelter one (1) or more Parking Spaces.
Chapter 26. Comprehensive Zoning Ordinance II-4
Article II. Definitions.
Sec. 26.2.6. Definitions (H-I).
Hazardous Waste Facility shall mean any facility or location which has a primary function to store
or process, treat, transfer, dispose of, or recycle all substances defined as hazardous waste, acutely
hazardous waste, extremely hazardous waste, or biohazardous waste as defined by the State of
California in Health and Safety Code Sections 25110.02, 25115, 25117, and 117635 or in any
amendments to or recodifications of such statutes. The definition shall not include the storage, use,
generation, recycling, or disposal of hazardous materials as a secondary effect, product, or input of a
Permitted Use on the same Lot as the Permitted Use.
See. 26.c6:
Hotel shall mean any building containing two (2) or more individual rooms or suites of rooms
intended or designed to be used, or which are used, rented, or hired out to be occupied for sleeping
or housing purposes by guests. Hotels include motels, boarding houses, rest homes, sanitariums,
dormitories, and any other structure or Building other than a Residence or Emergency Shelter used
for the housing or sleeping of humans.
Incidental Use shall mean a use that is in connection with a Person's Permitted Use, as further
described in Section 26.4.146 4(a), "Incidental Use," such as office space, design area or 4iew
reenrshowroom space, that occupies more than twenty percent (20%) but less than fifty percent
(50%) of the gross Floor Area occupied by the Person's Permitted Use
per_n_ ;"'° Incidental Use shall not include a Retail Use, but ° of the
rever,"es of the P ' may include mail-order or internet sales in connection with a Permitted Use.
Industrial Gas Manufacturing shall mean the separation of the constituents of air into liquid or
gaseous form for storage, transport, or cylinder filling, and the distribution and sale of those
products, as well as other related welding gases.
Industry or Industrial Use shall mean the manufacture or production of any saleable article,
substance, or commodity, so long as the process adds substantial value to the article, substance, or
commodity, and shall not include tasks primarily consisting of collecting, sorting, shipping,
distributing, or inspecting goods from or in a warehouse or terminal. Industrial Use includes uses
ancillary to the manufacturing or production process, such as storage, use, generation, and disposal
of hazardous materials (as defined in federal and state laws and regulations) incidental to a
manufacturing or production process;recycling incidental to a manufacturing or production process;
and use of space for Ancillary Use.
Sec. 26.2.7. Definitions (J-I).
Junk or Salvage Business shall mean an auto wrecker or any business dealing in, selling,
distributing, or buying for resale scrap materials (that is, used or waste materials) that require
processing or recycling to be useful, including, without limitation, metal, cloth, paper, glass, wood,
cardboard, plastics, or comparable matter,including used consumer products, but shall not include a
yard ancillary to an Industrial Use. Junk or Salvage Business shall not include a business that
processes or recycles the scrap materials on-site as a Recycling Facility.
II-5 Chapter 26.Comprehensive Zoning Ordinance
Article II. Definitions.
Sec. 26.2.8. Definitions (L).
Landscaping shall mean an area devoted to the growing of plants, including trees, shrubs, grasses,
or groundcovers for the visual or aesthetic enjoyment of people. Landscaping may include synthetic
turf, fountains or sculpture in a minor portion of the area.
Legal Nonconforming Building or Standards shall mean a Building or Ancillary Structure or
portion thereof which was lawfully erected or altered and maintained but which, because of the
application of this Chapter, no longer conforms to the regulations set forth in this ehapterCode
applicable to the Zone or Overlay Zone in which such Building or Ancillary Structure is located,
including failure to comply with the Development Standards or Site Planning Standards applicable
to such Zone or Overlay Zone.
Legal Nonconforming Use shall mean a use which was lawfully established and maintained but
which, because of the application of this ehapterChapter, no longer conforms to the regulations set
forth in this ehapterChapter applicable to the Zone or Overlay Zone in which such use is located.
Loading Space shall mean an off-street space that is maintained for the parking of a vehicle while
loading or unloading merchandise or materials from the vehicle into a gBuilding located on
the same Lot as the space.
Lot shall mean a quantity or parcel of land in the possession of, or owned by, or recorded as the
property of the same claimant or Person,and that is:
(a) A parcel of real property when shown as a delineated parcel of land with a number
or other designation on a tract or plat map recorded in the office of the County
Recorder;
(b) A parcel of land, the dimensions and boundaries of which are defined by a record of
survey recorded pursuant to the provisions of the Subdivision Map Act of the State
in the office of the County Recorder;or
(c) A legal lot or parcel as defined in the California Subdivision Map Act.
(d) Where parcels of land in the same ownership are separately legally described and are
developed as permitted by this Code, such individual parcels shall be considered as
separate Lots, but if a covenant that ties two or more Lots has been recorded, all of
the tied Lots shall be treated as one Lot.
Sec. 26.2.9. Definitions (M-O).
Major Alteration or Repair shall mean a renovation, alteration, or repair for which the hard costs
charged, incurred, or paid for such renovation, alteration, or repair, over a three year period,
commencing when the permit, if required, is issued, or if no permit is required, when the physical
portion of the renovation, alteration, or repair is commenced, equals or exceeds fifty percent (50%)
of the current fair market value of all of the Bindings located on the same Lot. For purposes of this
Chapter, the cost of the renovation, alteration, or repair shall exclude any costs incurred for
Chapter 26.Comprehensive Zoning Ordinance II-6
Article H. Definitions.
environmental investigation, testing, and remediation. For purposes of this Chapter, current fair
market value shall be determined based only on the value of the Building, and shall not include the
value of the unimproved land, any personal property or equipment, or any parking lot or
landscaping. Fair market value shall not include the cost or value of the contemplated renovation,
alteration, or repair, and shall be determined without reference to damage caused by an event of
Force Majeure, if any. If the owner and the City do not agree on the current fair market value, the
parties shall rely on a current appraisal by an independent third party MAI appraiser having at least
five (5) years' commercial real estate appraisal experience in the Los Angeles,California metropolitan
area, obtained by the owner, at the owner's expense.
Manure Fertiliser Business shall mean a business dealing in, buying, selling, handling, processing,
or storing of manure; provided, however, that Manure Fertilizer Business shall not mean or
include: (a) the storage and drying, grinding, and grading of manure upon the Property where the
same is produced as a result of or in connection with the operation of any business permitted in the
S Overlay Zone; (b) manufacture of chemical fertilizers;or (c) fertilizer generated from sludge.
Marijuana Dispensary, Store, Co-op, or Cultivation opemragOperation shall mean and include
any location, structure, facility, residence, or similar to the same used, in full or in part, as a place at
or in which marijuana is sold, traded, exchanged, bartered for in any way, made available, located,
stored, placed,planted, cultivated, or processed,including any of the foregoing if used in connection
with the delivery of marijuana.
Massage Parlor—small mean any establishment, where, for any form of consideration, massages,
alcohol rub, fomentation, electric or magnetic treatment,or similar treatment or manipulation of the
human body is administered, unless such treatment or manipulation is administered by a medical
practitioner,chiropractor, acupuncturist,physical therapist or similar professional person licensed by
the state of California. Ibis definition does not include an athletic club, health club, school,
gymnasium, state licensed cosmetology or barber establishment reducing salon, spa or similar
establishment where massage or similar manipulation of the human body is offered as an incidental
or accessory service.
Master Plan of Streets shall mean the Master Plan of Streets of the City of Vernon.
Minor Alteration or Repair shall mean a renovation, alteration, or repair for which the hard costs
charged, incurred, or paid for such renovation, alteration, or repair, over a three year period,
commencing when the permit, if required, is issued, or if no permit is required, when the physical
portion of the renovation, alteration, or repair is commenced, does not equal or exceed fifty percent
(50%) of the current fair market value of all of the Buildings located on the same Lot. For purposes
of this Chapter, the cost of the renovation, alteration, or repair shall exclude any costs incurred for
environmental investigation, testing, and remediation. For purposes of this Chapter, current fair
market value shall be determined based only on the value of the Building, and shall not include the
value of the unimproved land, any personal property or equipment, or any parking lot or
landscaping. Fair market value shall not include the cost or value of the contemplated renovation,
alteration, or repair, and shall be determined without reference to damage caused by an event of
Force Majeure, if any. If the owner and the City do not agree on the current fair market value, the
parties shall rely on a current appraisal by an independent third party MAI appraiser having at least
five (5) years' commercial real estate appraisal experience in the Los Angeles, California metropolitan
area, obtained by the owner, at the owner's expense.
II-7 Chapter 26.Comprehensive Zoning Ordinance
Article II. Definitions.
Minor Conditional Use Permit shall mean a discretionary permit granted by the Director for
certain uses of Property not permitted of right because such uses require special review and may be
subject to special conditions.
New Construction shall mean the construction of a new Building that is not attached to an existing
Building.
Occupancy shall mean the purpose for which a Building, or part thereof, is used or intended to be
used.
Offices shall mean mouses where professional,administrative, or common business services are
provided and which are not Ancillary- Uses; or Incidental Uses as defined by this Ordinance„ such
as;but not limited to-, real estate firms, medical and professional offices, stock brokerages, and bond
and insurance firms.
OutdoorAdvertising Structure shall mean any sign,logo,picture, transparency,mechanical device,
billboard,:_: ' :' t, 113ilj _ or other representation (whether or not it includes words or logos)
that is located off-site from the Property where the product or service is offered and is intended to
attract attention to any commodity, good,product, or service for any business or non-profit purpose
or entity. An Outdoor Advertising Structure shall not include any such sign or other structure that
dlrecLs aUeiltLU11 Lo die acLiv1Ly conduacd, sold, or offered upon the Properly where die sign or
other structure is located.
Outdoor Storage and Activities shall mean any use of Property for purposes of temporary or
permanent storage of raw materials, storage or display of finished products or other materials, and
including installation or storage of equipment (whether operational in the business or not
operational) that is located outside of a Building, except for parking of cars and trucks.
Sec. 26.2.10. Definitions (P-Q).
Parking Space shall mean a readily accessible space or area other than a street or alley that is
permanently reserved,maintained,and accessible for the parking of one (1) motor vehicle.
Permitted Use shall mean a use that is permitted on a Lot, either by right as set forth in this
Ordinance or by means of a Conditional Use Permit,Minor Conditional Use permit,Temporary Use
Permit, or as a Legal Nonconforming Use.
Person shall mean an individual, entity, or governmental agency other than the City of Vernon.
Petroleum Refinery shall mean an establishment or plant primarily engaged in producing gasoline,
kerosene, distillate fuel oils, residual fuel oils, lubricants, and other products from crude petroleum
and its fractionation products through straight distillation, redistillation, cracking, or other processes.
Chapter 26.Comprehensive Zoning Ordinance II-8
Article II. Definitions.
Petroleum-Related Use shall mean an establishment or plant for the blending or processing of
petroleum products but not including a Petroleum Refinery or Petroleum Storage Facility.
Petroleum-Related Use does not include storage of fuel as an Ancillary Use to a Permitted Use.
Petroleum Storage Facility shall mean an establishment, including a tank farm, for keeping and
storing gasoline, kerosene, distillate fuel oils, residual fuel oils, lubricants, and other petroleum
products, but not including storage of fuel as an Ancillary Use. Petroleum-Related Use does not
include storage of fuel as an Ancillary Use to a Permitted Use.
Property shall mean all ad)acent Lots under common ownership.
Public Storage shall mean a structure or series of structures divided into small sections and used by
the general public for storage of goods or materials.
Public Utilities shall mean facilities owned or operated by an entity that is not the City of Vernon,
that is subject to governmental regulation such as the California Public Utilities Commission, and
that provides an essential commodity or service such as water, power, transportation, or
communication to the public. It shall include electrical substations, water or wastewater treatment
plants, and similar Facilities of public agencies or public utilities, but shall not include property used
solely for telecommunications antennas,cell towers,and related equipment.
Sec. 26.2.11. Definitions (R).
Recycling Facility shall mean a facility that recycles used or waste materials-ice , excluding
Hazardous Waste, to convert and redistribute there, or a significant portion of them, as raw
materials; or-is-order to convert them and manufacture a product made wholly or partly from
recycled materials, including a biodiesel facility. For these purposes, recycling shall mean a process
involving reconstituting materials that would otherwise become waste and returning them to the
economic mainstream in the form of raw materials for new reuses or reconstituted products which
meet the quality standards necessary to be used in the marketplace. Recycling Facility does not
include recycling activities undertaken as an Ancillary Use to a Permitted Use.
Religious Use shall mean use of a Lot for religious assemblies, institutions, or structures. Rel:'.11)us
Use shall not include any Residence on the Lot..
Rendering Plant shall mean an establishment where one or more of the following items is cooked,
melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer
(other than fertilizer from manure), animal feed, or ash: carcasses of animals or fowl, dead animals
or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste, and
other animal, fowl, or fish byproducts. Rendering Plant shall not include an establishment
exclusively producing fats, oils, lard, or similar products for human consumption; nor, a rendering
process in connection with and incidental to a slaughterhouse, abattoir, packing plant, or similar
establishment producing food for human consumption.
Residence shall mean and include one or more rooms in a Building managed or used as living
quarters, including, without limitation: a Building or Buildings used as a single-family dwelling or a
multi-family dwelling; a Building or Buildings used as a live-in treatment facility, substance abuse
II-9 Chapter 26.Comprehensive Zoning Ordinance
Article II. Definitions.
center, half-way house, or home for senior citizens, disabled persons, or other residential care
facilities; and dwelling units reserved for use by a resident owner, caretaker, watchman, emergency
personnel, or maintenance personnel. Emergency Shelter is specifically excluded from this
definition.
Residential Use shall mean the development and use of a property exclusively with a Residence or
Residences, and any accessory uses or Buildings customarily associated with a -__ Residence,
such as but not limited to private recreational facilities, private open space, and on-site support
facilities to residents of the property.
Retail Use shall mean a business providing the point of final sale of goods directly to customers,
, including, without limitation, restaurants and coffee shops, andgrocery
stores, and vehicle sales. Retail Use shall not include sail-order or Se.Ttt� Oriented
Busineages.intemet sales.
Right-of-way shall mean the planned future ultimate width of a Street as determined by the Master
Plan of Streets.
Sec. 26.2.12. Definitions (S).
Salvage Yard—see Junk or Salvage Business.
Server Farm—see Data Center.
Site Planning and/or Site Development Standards shall mean the land use standards described
in Section 26.4.1-:�8, "Site Planning Standards," and/or site planning standards identified for
individual Overlay Zones in this Chapter.
Slaughtering shall mean the industrial process of butchering animals and dressing and preparing
the products of their carcasses for food or other purposes.
Solid Waste Facility shall mean any facility or location that stores, processes, or transfers solid
waste as defined in California Public Resources Code Section 40191, or in any amendments to or
recodifications of such statute,and related regulations.
Sound Level shall mean the quantity in decibels measured by a sound level meter satisfying the
requirements of American National Standards Specification for Sound Level Meters S1.4. The
sound level meter shall be set at"A"weighting and at"SLOW" dynamic characteristic.
Special Event Permit shall mean a permit issued by the Vernon. Fire Department for a short
duration special event such as indoor or outdoor sales event of product normally stored or produced
onsite, outdoor or indoor meeting, ground breaking ceremony, holiday or special occasion party or
similar event.
Static Display shall mean the face of a sign or Outdoor Advertising Display that has a fixed,
printed face and does not have a Digital Display.
Chapter 26. Comprehensive Zoning Ordinance II-10
Article II. Definitions.
Street shall mean (a) any public road or street (including a highway or freeway) or sidewalk owned
or controlled by any governmental entity, or (b) any private recorded thoroughfare that affords a
means of access to an abutting Lot.
Supportive Housing shall mean housing with no limit on length of stay that is occupied by the
target population as defined in the California Health and Safety Code Section 50675.14, and that is
linked to on-site or off-site services that assist tenants to retain the housing, improve their health
status,maximize their ability to live,and when possible, to work in the community.
Sec. 26.2.13. Definitions (T).
Tattoo Parlors shall mean establishments whose principal business activity is one or more of the
following. (a) using ink or other substances that result in the permanent coloration of the skin
through the use of needles or other instruments designed to contact or puncture the skin; or (b)
creation of an opening in the body of a person for the purpose of inserting jewelry or other
decoration.Tattoo Parlors are considered a First Amendment Protected Use.
Telecommunications Antenna shall mean a physical device or system through which
electromagnetic, wireless telecommunications signals authorized by the Federal Communications
Commission are transmitted or received.
Temporary Use Pemlit shall mean a permit granted by an authorized agent of the City for certain
uses of Property not permitted of right because such uses might not meet the normal development
or use standards of the applicable zone,but may otherwise be acceptable because of their temporary
nature.
Tmde School shall mean a facility or teaching unit designed to educate an adult on the skills needed
to perform a specific job,apprentice education, and similar training.
See. 2
Trailer shall mean any vehicle or structure having no foundation other than wheels, blocks, skids,
jacks, horses, or skirting, and which is, has been, or reasonably may be equipped with wheels or
other devices for transporting the structure from place to place whether by motor power or other
means. The term Trailer shall include camp car, house car, mobile home, camper, recreational
vehicle qM, or other vehicle whose uses may include cooking or sleeping.
Trailer Park shall mean any Lot or portion thereof used or designed to accommodate two (2) or
more Trailers used for housekeeping or sleeping or living quarters, and such definition shall include
trailer courts, mobile home courts, and mobile home parks.
Transitional Housing shall mean temporary rental housing with length of stay that ranges between
six (6) months to two (2) years for homeless individuals or families who are transitioning to
permanent housing, operated under program requirements that call for the termination of assistance
and recirculation of the assisted unit to another eligible program recipient at some predetermined
future point in time.
Transportation-Related Use shall mean any use that is the same or similar to a Freight Terminal
or Truck Terminal, or that supports the movement of goods or people, such as taxi dispatch. A
Transportation-Related Use shall not include a public Street or railroad Right-of-way.
II-11 Chapter 26. Comprehensive Zoning Ordinance
Article II. Defuutions.
Trash to Energy Facilities shall mean the process of creating energy in the form of electricity or
heat from waste conversion.
Truck Terminal shall mean any Lot, Building, or parTortion of a Blot or a building used
primarily for the storage, maintenance, repair, or servicing of highway-type vehicles carrying persons
or property including, but not limited to, trucks and buses. Truck Terminal does not include
parking of vehicles in connection with a Permitted Use or repairing or maintaining vehicles used in
connection with a Permitted Use on the same Lot as the Permitted Use.
Sec. 26.2.14. Definitions (U-V).
Urgent Care Facility shall mean a facility used to provide medical screenings or to treat patients
who have an injury or illness that requires immediate care, but is not serious enough to warrant a
visit to a hospital emergency room.
Variance shall mean an exception to the required Development Standards or Site Planning
Standards applicable to a Property granted by the City Council based on the criteria and findings set
forth in Section 26.6.27, "Variances."
VeAiek ig&ks or Repsif FaeiW�sh&R mean a Lot or Budding or part tkefeef used for the sale of vehleies 0 f
Vibration shall mean discrete ground movement as measured by peak particle velocity in inches per
second.
Sec. 26.2.15. Definitions (W-Z).
Warehouse Use shall mean a Building or ruon thereof used primarily for the
storage of saleable goods or raw materials to be incorporated into saleable goods (including storage
for distribution to other locations for wholesale or retail sale), but not including a Cold Storage
Warehouse. The storage of scrap materials shall not constitute a Warehouse Use.
Wholesale Use shall mean a Building or part of a Building used primarily for the storage and
distribution of merchandise that is sold in large volumes to retainers or other professional businesses,
but not to a standard retail consumer. Wholesale Use includes the storage and distribution of
merchandise for more than 72 hours. The storage and sale of scrap materials shall not constitute a
Wholesale Use.
Zone and Overlay Zone shall mean a section of the City to which regulations governing the use,
area, •: size of Buildings and Ancillary Structures, and other uniform regulations apply.
Zoning Map shall mean the Comprehensive Zoning Map of the City of Vernon, as further
described in Section 26.3.2., "Comprehensive Zol,i,�;r Map."
Chapter 26. Comprehensive Zoning Ordinance II-12
Article III. Zone and Overlay Zones.
Article III. Zone and Overlay Zones.
Areiele! III
Sec. 26.3.1. Zone and Overlay Zones of the City.
Sec.26.3.1--1. Establishment of Zone and Overlay Zones. As a result of its commitment to
making property available for Industrial Use and to carry out the purposes and provisions of this
Chapter, the entire City of Vernon is hereby zoned for General Industry j Zone). All property
within the City is located within the General Industry Zone (the I Zone), and must conform to the
standards of use and the Development Standards and Site Planning Standards for the I Zone.
Within the I Zone, ;!Y special categories of Overlay Zones have been established for the purpose of
allowing special uses that are not otherwise permitted within the City. The Zone and the Overlay
Zones are designated as follows, and either the name or the symbol may be used to refer to the
General Industry Zone (the I Zone) or any of the Overlay Zones. The boundaries of each of the
Overlay Zones are set forth in detail on the Zoning Map.
The I Zone is the General Industry Zone.
The Overlay Zones are:
C-1 - Commercial-1 Overlay Zone
C-2 - Commercial-2 Overlay Zone
E - Emergency Shelter Overlay Zone
H - Housing Overlay Zone
R - Rendering Overlay Zone
S - Slaughtering Overlay Zone
I' - Truck and Freight Terminal Overlay Zone
Sec.26.3.1-2. Uses Permitted of Right. It is the City's intent to provide an acceptable location
within the County of Los Angeles for Industrial Uses, including those that may not be compatible
with land use elsewhere in much of the County. As a result of this intent and the City's pervasive
industrial environment, Industrial Uses are permitted in the I Zone and each of the Overlay Zones.
Certain non-Industrial Uses are permitted in the I Zone in accordance with Section 26.4.1-2., "Uses
Permitted of Right," et seq. Certain non-Industrial Uses may be permitted in the C-1, C-2, E, H, R,
S, and -ST Overlay Zones, as set forth in the descriptions of the uses permitted in those Overlay
Zones.
Sec.26.3.1-3. Uses that Require a Conditional Use Permit. All uses that are not specifically
permitted under this Chapter and are not specifically prohibited by this Chapter require a
Conditional Use Permit or other entitlement as may be specified in this Chapter.
Sec.26.3.1-4. Ptohibited Uses. Uses that are prohibited in S__.:__- 26 , 1 *Rd nr_ 1 4 ftit-dSection
26.4.1-5, "Cases That Are Prohibited or Limited," shall not be permitted in any Zone or other
Overlay Zone and s"lare not be eligible for a Conditional Use Permit or other entitlement, in any
Zone or other Overlay Zone.
III-1 Chapter 26.Comprehensive Zoning Ordinance
Article III. Zone and Overlay Zones.
Sec.26.3.1-5. Determination of Category of Use. The Director shall have
the authority to determine if a proposed use is substantially similar to a use that is permitted of right
and may therefore be located in the City or in a particular Overlay Zone. If the Director of
etermines that a use is not specifically prohibited, is not permitted of right, or is
substantially similar to a use that is permitted of right and may not otherwise be permitted through
another entitlement process, the owner or applicant shall have the right to apply for a Conditional
Use Permit or a Minor Conditional Use Permit in accordance with SeetiottSections 26.6.3.,
"Conditional Use Permit," and 26.6.4,"Minor Conditional Use Permit."
Sec.26.3.1-6. Legal Noncoaforadog Uses. Notwithstanding the terms of this Ordinance, uses
that were in existence and permitted of right or by use of a Conditional Use Permit prior to the
effective date of this Ordinance shall be permitted to remain on the Lot on which they are currently
located, as Legal Nonconforming Uses in accordance with the terms of Section 26.5.3, "Legal
Nonconforming Status,"and in accordance with their existing Conditional Use Permit,if applicable.
Sec. 26.3.2. Comprehensive Zoning Map.
A part of this ��. .: t: is a Map that shows the location and boundaries of the various
Overlay Zones established by this Chapter. This Map shall be known, cited, and referred to as the
"Comprehensive Zoning Map of the City of Vernon" and may be referred to in this Chapter as
the Zoning Map. Said Zoning Map, together with all notations, references, and other information
shown thereon, is the official zoning map of the City of Vernon and shall be as much a part of this
Chapter as if the matters and information set forth by said Zoning Map were all fully described
herein. Copies of the Zoning Map are on file with the Department of CoyPublic Works,
Water, and Development Services and are available on request. In the event of a conflict between
the terms of this Chapter and the Zoning Map, the terms of this Chapter shall control.
Sec. 26.3.3. Uncertainty as to Overlay Zone Boundaries.
Where uncertainty exists with respect to the boundaries of any of the Overlay Zones, as shown on
the Zoning Map, the determination of the City Council as to the location thereof shall be final and
conclusive. Any decision regarding the boundaries of an Overlay Zone shall follow the then existing
Lot lines.
Sec. 26.3.4. Keeping of Zoning Map.
The City Clerk shall keep a true and correct copy of the current Zoning Map at his or her office in
the City Hall of the City. At the end of each calendar year, or more often at the direction of the City
Clerk, said Zoning Map shall be revised to reflect all Amendments to this Chapter or the Zoning
Map.
Chapter 26.Comprehensive Zoning Ordinance III-2
Article III. Zone and Overlay Zones.
Sec. 26.3.5. Non-Applicability to City of Vernon.
Except as otherwise requited by law, the requirements of this Chapter, and of the General Plan, do
not apply to actions taken by the City to use or authorize the use of property that it owns or
controls.
III-3 Chapter 26.Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
Article IV. Zones, Permitted Uses,Development Standards, and Site Planning Standards.
IV
Sec. 26.4.1. General Industry (I) Zone.
Sec.26.4.1-1. Purpose and Intent.
The General Industry (I) Zone is intended to provide for the orderly development
and operation of most types of Industrial Use and to promote the concentration of
such uses in a manner that will foster mutually beneficial relationships with each
other. The regulation of uses and establishment of Development Standards and Site
Planning Standards set forth in the I Zone are those deemed necessary to promote
the orderly operation and efficient functioning of the City. The right to use and
maintain Legal Nonconforming Uses and Legal Nonconforming Building and
Standards in the I Zone and all Overlay Zones are governed by Section 26.5.3—,
"Legal Nonconforming Status."
(b)
(c) Residential Uses are permitted only in the H Overlay Zone.
A Commercial Use-,and Retail Used Re*ous use are permitted only in the C-1 and
C-2 Overlay Zones.
(e) First Amendment Protected Uses and Religious Uses are only permitted in the C-2
Overlay Zone-,
(f) Emergency Shelters are permitted only in the E Overlay Zone,-.
(g) Rendering Plants are permitted only in the R Overlay Zone;aei-.
(h) Slaughtering is permitted only in the S Overlay Zone,and diese.
(i) Hazardous Waste Facilities, Solid Waste Facilities, Truck Terminals, Freight
Terminals, and/or Transportation-Related Uses are permitted only in the T Overlay
Zone.
(j) Fueling Stations are permitted only in the C-1,C-2 and T Overlay Zones.
(k) All of the above uses that are permitted in specified Overlay Zones are not permitted
in other areas of the I Zone, and are not eligible for a Conditional Use Permit or
Minor Conditional Use Permit in other areas of the I Zone, even if they are less
intensive uses than the Permitted Uses within the I Zone or an Overlay Zone—,
(1) All of the above uses that are permitted in specified Overlay Zones are subject to the
standards and regulations outlined for the Overlay Zone in which they are located.
IV-1 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
Bee. 26.1 z '. - Uses that are prohibited under this Chapter, even if less intensive
than the Permitted Uses, shall not be permitted in the I Zone or any Overlay Zone.
Rehg�eus Use shaH nat_iael"de the right of any Per-son to use atw portion of a"Preperty as
Ft ence.Determination of whether uses fit within the definition of these uses that
are permitted of Permitted Uses shall be in the discretion of the Director-e€
Eonifnurkiev Seniees, as ftirther—described in Section 26.3.1-5., "Determination of
Category of i Tse_"
Sec.26.4.1-2. Uses Permitted of Right. The following uses of huAdwpBuildiugs and land are
permitted of right in the I Zone
See -1.1 6 and theS e P6nr�fT S .
(a) Industrial Use.
(b) Data Centers.
(c) Cold Storage Warehouses.
(d) Industrial Gas Manufacturing.
(e) Telecommunications Antenna and Cell Towers.
Ee Warehouse Use (other than Cold Storage Warehouses).
(0 Wholesale Use.
Lncillary Use. Each occupant or user on the Property and each tenant in a multi-
tenant Building shall be permitted to dedicate a portion of that Permm;aPerson's
space to an Ancillary Use in connection with that Person's Permitted Use, if the
following criteria are satisfied:
(1) The Permitted Use for such Person is that Person's majority use;.
(2) The Ancillary Use is located upon the same Lot as that Person's Permitted
Use.
(3) The Ancillary Use is used solely and exclusively by the Person for that
Person's Permitted Use.
(4) Ancillary Use includes offices and showrooms ancillary to the Permitted Use,
but does not include the right to sell at retail, (Ancillary Retail Use). Ancillary
Use does not include Outdoor Storage and Activities.
(5) The cumulative total area dedicated to all Ancillary Uses (including any
Ancillary Retail Use permitted with a Minor Conditional Use Permit) shall
not exceed twenty percent (20%) of the gross floor area occupied by a
Permitted Use.
Chapter 26.Comprehensive Zoning Ordinance IV-2
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
k-,4(i) Any activity or use undertaken by the City.
Sec.26.4.1-3. Uses That May Be Permitted by Conditional Use Permit Uses that are not
specifically permitted pursuant to Section 26.4.1-2,"Use Permitted of Right," and are not specifically
prohibited by Section 26.4.1-1 o_ Seemen 26" ' 4, "Purpose and Intent," or Section 26.4.1-5, "Uses
That Are Prohibited or Limited," or Section 26.4.1-6, "Uses That May Constitute Legal
Nonconforming Use" may be permitted in the I Zone only with a Conditional Use Permit. Without
limiting the generality of the foregoing, the following uses require a Conditional Use Permit:
(a) Refineries.
(b) Generating facilities, power plants, cogeneration facilities.
E44 r'. Trash to enerr feeih-e Fnergy Facilities.
E0(& Petroleum Related Uses,Petroleum Storage Facilities.
(4)(e) Recycling Facilities.
(9 Trade Schools.
00(g} Public ehheiesUtilides.
Sec 26.4.14 Uses That May Be Permimed by Minor Conditional Use Permit The uses set
forth in this Section 26.4.1-4,may be permitted in the I Zone with a Minor Conditional Use Permit_
04(a'•i Incidental Use. Each occupant or user on the Property and each tenant in a multi-
tenant Building shall be permitted to dedicate a portion of that Person's space to an
Incidental Use in connection with that Person's Permitted Use, if a Minor
Conditional Use Permit is approved and the following criteria are satisfied:
(1) The Permitted Use for such Person is that Person's majority use;
(2) The Incidental Use is located upon the same Lot as that Person's Permitted
Use.
(3) Incidental Use includes offices, design areas and showrooms fir'related
to the Permitted Use, but does not include the right to sell at retail.
Incidental Use does not include Outdoor Storage and Activities.
Any tiseq peerniffed in the 1 Zone by a Gandifienal Use Permit shag be subject to the Develapment Stftridard
IV-3 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
(4) The cumulative total area dedicated to all Incidental and Ancillary Uses
(including Ancillary Retail Uses) shall not exceed fifty percent (50%) of the
gross floor area occupied by a Permitted Use.
(b) Ancillary Retail Use. Each occupant or user on the Property and each tenant in a
multi-tenant Building shall be permitted to dedicate a portion of that Person's space
to an Ancillary Retail Use in connection with that Person's Permitted Use, if the
following criteria are satisfied:
(1) The Permitted Use for such Person is that Person's majority use;
(2) The Ancillary Retail Use is located upon the same Lot as that Person's
Permitted Use and sufficient parking is provided.
(3) The Ancillary Retail Use is used solely and exclusively by the Person for that
Persons' Permitted Use and the sell at retail is only for products
manufactured onsite or products imported and stored in bulk as part of the
Persons'Permitted Use.
(4) Ancillary Retail Use includes the right to sell at retail any day week but does
not include Outdoor Storage and Activities including the outdoor display of
merchandise.
(5) The cumulative total area dedicated to all Ancillary Uses (including any
Ancillary Retail Use) shall not exceed twenty percent(20%) of the gross floor
area occupied by a Permitted Use.
Sec. 26.4.1-5. Uses That Are Prohibited or Limited.
See-. 26.44 4 a No Motel, Hotel, Trailer, or Trailer Park is permitted in any Zone or
Overlay Zone. The provisions of this Section do not apply to portable units which
(4-a) have been acknowledged in writing by the owner or user to be units that are to
be used temporarily and solely in connection with a construction project on the same
Lot by persons who have a separate existing, permanent Residence, (2b) have
received written approval from the Director of Coffffnunity Services for such
temporary usage, and (3c) are not used for bathing or sleeping. The provisions of
this Section du not apply to tntden,Fiailers used solely to tnuve goods.
(b) No Marijuana Dispensary,Store, Co-op, or Cultivation Operation is permitted in any
Zone or Overlay Zone.
(c) No Convention and Entertainment Venue is permitted in any Zone or Overlay
Zone.
Chapter 26.Comprehensive Zoning Ordinance IV-4
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
See, '6z'-TSec. 26.4.1-6. Uses That May Constitute Legal Nonconforming Use. The
following uses are not permitted in any Zone or Overlay Zone, except that any such use that is
e-dstiii X sts as of the effective date of this ehapte Ordinance may be maintained as a leggy
naiacerifeffililig Legal Nonconforming Use, subject to the terms of Section 26.5.1, "Legal
Nonconforming Status."
(a) Residenees
(-b}(a) Community Facilities;
(0(b) Bars
ki4(c) Junk or Salvage Busines
(e1(d) Public Storage (including mini-storage) facilitie
(e) Manure Fertilizer Business
(� Contractor's Yard
(g} Residences located outside of the H Overlay Zone
(4401, Freight Terminals, Sohd Waste Facilities, Truck Terminals, Transportation-Related
Use:,or Hazardous Waste Facilities located outside of the T Overlay Zone
@ Commercial or Retail Uses located outside of the C-1 or C-2 Overlay Zones
�) Slaughtering located outside of the S Overlay Zone
(k) Rendering Plants located outside of the R Overlay Zone
(I) Fueling Stations located outside of the Gil,C-2 ant T Overlay Zones
(h) Gea" etaoe
See. '-z-&-Sec. 264.1-7. Development and performance Standards. The following
development and performance standards (Development Standards) apply to all Buildings, Ancillary
Structures,land,uses, and businesses in the I Zone.
(a) All Buildings, Ancillary Structures, land, uses, and businesses in the I Zone must
comply with the following Development Standards at all tunes.
(1) Fire r d. Explosion, and Environmental Hazards. All storage of, and
activities involving, hazardous, flammable, or explosive materials shall be
provided with adequate safety devices against the hazard of fire and
explosion and with adequate fire-fighting and fire-suppression equipment
and devices that meet the standards and requirements of the Vernon Fire
Department, as such standards and requirements may change from time to
IV-5 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
time. The storage of or activities involving acutely hazardous materials above
the exempt amount, as established by the State of California Fire Code, shall
not be permitted within five hundred (500) feet of the outside property line
of a school site for students grades kindergarten through twelfth (12")grade.
(2) Radioactivity and Electrical Disturbances.
(i) Except with the prior approval of the City Council as to specific uses,
the use of radioactive materials within any Zone or Overlay Zone
shall be limited to measuring, gauging, and calibration devices, and
tracer elements in X-ray and like apparatus. In no event shall
radioactivity, when measured at any point along any Lot line, be in
excess of two and seven-tenths (2.7) by ten (10) to the eleventh (11,11)
power microcuries per milliliter of air at any moment of time.
(ii) Radio and television and other telecommunications transmitters shall
be operated at the regularly assigned wavelengths (or within the
authorized tolerances therefor) as assigned thereto by the appropriate
governmental. agency. U electrical and electronic devices and
equipment shall be suitably wired, shielded, and controlled so that in
operation they shall not, beyond any point along any Lot line, emit
any electrical impulse or wave which will adversely affect the
operation and control of any other electrical or electronic device or
equipment.
(3) Outdoor Storage and Activities Outdoor Storage and Activities (other
than off-street parking and loading, which are governed by Section 26.5.1),
"Off-Street Parking and Loading Facilities' are permitted only in
compliance with the following requirements:
(i) No materials or wastes may be deposited on a Lot in such form or
manner that they may be transferred off the Lot by natural causes or
forces.
(ii) Wastes which might cause fumes or dust, which constitute a fire
hazard, or which may be edible by or otherwise attractive to rodents
or insects shall be stored only in closed containers in required
enclosures.
(iii) Outdoor Storage and Activities of all materials, products, and
inoperative equipment shall be screened or otherwise hidden so as
not to be visible from the Street; however, the screen n,!�-dhall not
exceed of {8ten (10) feet in height as measured from grade level.
The screen shall be maintained in good repair. Operational
equipment used in the business located on the Lot is not required to
be screened.
Chapter 26. Comprehensive Zoning Ordinance IV-6
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
(iv) A minimum six-foot high screening wall shall be provided on the
interior lot lines of any lot with outdoor storage and activities that
abuts a Lot with an existing Residential Use or any Lot that is zoned
for Residential Use. Screening walls shall follow the lot line of the
Lot to be screened, or shall be so arranged within the boundaries of
the Lot so as to substantially hide the outdoor storage and activities
from adjoining residential properties.[GS3]
)(v, No Outdoor Storage and Activities are permitted on any area of a
Lot that is required to be available for fire department access, as such
access requirements are set forth in the Code.
Outdoor Storage and Activities, including operational equipment
used in the business located on the Lot) , shall not be eaffhefteneed
after the effee6pft dobe of this Ordinattee ccur if such usage would result
in�a reduction or elimination of the sparking, loading,
or maneuvering , or (b) it reduetiett
mrequired for the Permitted Use located on the ,
roperty unless approved by the
*rem for sm!h purposes are legaRy naaeeftf&mai�_ Director pursuant to
Section 26.5.1-64, "Reduction in Required Parking Spaces."
Outdoor Storage and Activities existing ftw afon the effective date of
this Ordinance that violate these provisions may be continued as a
legally nonconforming usage for the period described in Section
26.5.3-2(e).
(4) Weed and Debris Abatement. All landscaped areas (on the Property, as
well as contiguous planted areas within the public Right-of-way) shall be kept
free from weeds, overgrown grass and shrubbery, and debris. Any diseased,
dead, damaged, or decaying plant materials shall be removed.
(5) No Vehicular Encroachment. No vehicle (including a truck trailer) when
parked or stopped on a Lot shall extend into the Right-of-way.
(b) All Buildings, Ancillary Structures, land, and businesses in the I Zone must comply
with the following Development Standards upon a Change of Use or upon the
occurrence of an event described in Table 26.5.3-3 Right to Continue
Nonconforming Uses and Buildings that requires compliance with the Development
Standards.
(1) Vibration Upon a Change of Use or the occurrence of an event described
in Table 26.5.3-3 Right to Continue Nonconforming Uses and Buildings that
requires compliance with the Development Standards, all of the businesses
located on the Lot shall be operated so that, cumulatively with existing
Vibrations of all new and existing equipment of all businesses on the Lot, the
steady ground Vibration inherently and recurrently generated shall not
exceed four hundredths of one inch (0.04) per second particle velocity when
measured at any point along the Lot line of the Lot on which the source of
IV-7 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
the Vibration is located. The cumulative effect of Vibrations in excess of
four hundredths (0.04) of one inch measured at any point along the Lot line
on which the source of the Vibration is located shall be permitted only with a
Conditional Use Permit.
(2) Noise. Upon a Change of Use or the occurrence of an event described in
Table 26.5.3 3 Right to Continue Nonconforming Uses and Buildings that
requires compliance with the Development Standards, all of the businesses
located on the Lot shall be operated in compliance with the following noise
standards.
(i) The following noise standards, unless otherwise specifically indicated,
shall apply to all Lots within the designated noise zones, measured
cumulatively with existing noise from all businesses on the Lot.
Table 26.4.1-7(b)(2)
Noise Standards
NOISE Noise Zone
ENTERVALTiime EXTBRIGR.
Interval NBIS Allowable
Exterior Noise
Lots located within one tenth 10:00 pmP.NL to 7:00 60 dBA
(1/10) of a mile of any sn-j.NL
residence or school 65 dBA
located in Vernon or abutting 7:00 aa.A.M. to 10:00
communities. pffip.m.
All other Lots I Any time 1 75 dBA
(ii) No Person, in any location within the City, shall create any noise, or
allow the creation of noise, on any Lot owned, leased, occupied or
otherwise controlled by such Person which causes the cumulative
noise level when measured at any point along the Lot line of the Lot
on which the source of the noise is located to exceed:
(A) The applicable noise standard for a cumulative period of
more than thirty (30) minutes in any hour;or
(B) The applicable noise standard plus five (5) dBA for a
cumulative period of more than fifteen (15) minutes in any
one hour; or
(C) The applicable noise standard plus ten (10) dBA for a
cumulative period of more than five (5) minutes in any hour;
or
(D) The applicable noise standard plus fifteen (15) dBA for a
cumulative period of more than one (1) minute in any hour;
or
Chapter 26. Comprehensive Zoning Ordinance IV-8
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
(iii) In the event the ambient noise level exceeds any of the noise limit
categories set forth in subsections (A), (B), or (C) of subsection 2(ii)
of this Section, the cumulative period applicable to such category
shall be increased to reflect the ambient noise level,plus 5 dBA.
(iv) If a Lot is located on a boundary between two (2) different noise
zones, the noise level standard applicable to the quieter noise zone
shall apply.
(v) If the noise source is continuous and cannot reasonably be
discontinued or stopped for a time period whereby the ambient noise
level can be determined, the measured noise level obtained while the
source is in operation shall be compared directly to the Lot's
designated noise zone for the time of day the noise level is measured.
(vi) Any noise source in excess of the standards set forth herein shall be
permitted only with a Conditional Use Permit.
(3) Dater Usage. Upon a rt__.e or 1 rY_or _t_V__tter"___of e event dese6bed
Table 26-6.3 3 that require5 eempli*aee widi the Development Standards, no
No Person shall
increase water demand and usage associated with any Property by more than
five hundred (500) acre-feet from the prior calendar year except with a
Conditional Use Permit.
(4) t-se or the eeeerre"ee of an event deseribe
when pft4eed at the leading deek-
. '�7—Sec. .26.4.1-8. Site Planning Standards. The following Site Planning Standards shall
apply to all Buildings, Ancillary Structures, land, uses, and businesses in the I Zone. Legal
Nonconforming Uses and Legal Nonconforming Buildings or Standards are required to comply
with the Site Planning Standards at the time of the occurrence of an event described in Table 26.5.3-
3 Right to Continue Nonconforming Uses and Buildings that requires compliance with the Site
Planning Standards.
(a) Building Intensity. The total gross Floor Area of all Buildings on any Lot shall not
exceed a Floor Area Ratio (FAR) of 2:1.
(b) Off-Street Parking and Loading. Off-street parking and loading facilities shall be
provided in accordance with the provisions of Section 26.5.1., "Off-Street Parking
and Loading Facilities."
(c)
ge.-eet witch it planned future ulamitte width as showti ett the Master Platt of Streets gireatef
than the e,69ting Street ... .._. Building en seen T ae a____ee Building Setback. Every
IV-9 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Dcvelopmcnt Standards,and Sitc Planning Standards.
Building or Structure shall be set back not less than fifteen (15) feet from the curb
face, as shown on the Master Plan of Streets. The Director shall designate the
distance from the center of the Street in any case in which the planned future
ultimate width of a Street is not specified or a Street is not symmetrical.
(d) Ancillary Structure Setback.— Where a Lot or parcel of land in any Zone or
Overlay Zone abuts a Street as shown on the
Master Plan of Streets grftter thm the existingStree , every Ancillary Structure on such
Lot or parcel shall be set back as follows: (1) if the Ancillary Structure is equal to or
greater than twenty (20) feet in height, it shall be set back not less than fifteen (15)
feet from the curb face, as shown on the Master Plan of Streets; and (2) if the
Ancillary Structure is less than twenty (20) feet in height,it shall be set back
equainot less than to one italf the ultimate planned right of way
width of the treet as shown on the Master Plan of the
Streets, xcept in no case shall alsethe
structure be set back less than eight(8) feet from snythe curb etrt
face, as shaven on the kfister Plan of Stroers- The Director 4
shall designate the distance from the center of the Street to the
curb face in any case in which the Master Plan of Streets does not specify a planned
future ultimate width from curb to curb or a Street is not
symmetrical.
(e) No Encroachment Except as otherwise provided in Chapter 22 Streets and
Sidewalks Article Vl Encroachments Section 22.32 Encroachment to be. authnrimd
by license before issuance of permit; exceptions of the Code, no Building or
Ancillary Structure shall encroach into the planned future ultimate width of a Street.
(� Barriers. Where parking, loading, or maneuvering areas adjoin a Street or Streets, a
twelve (12) gauge wrought iron fence not less than eight (8) feet h*hin height, a
masonry or concrete wall not less than thirty (30") inches in height, or a landscaped
area a minimum of four (4) feet in width measured from the property line, or an
equivalent protective device as approved by the Director of Geaffminity Serriees, shall
be established along such full frontage, except at driveways, walkways, or other
openings where such are necessary. Where a barrier or a landscaped area adjoins a
driveway, a ten-inch (10") concrete-filled steel pipe or equivalent protective device
shall be installed on driveways used for trucks, and an eight inch (8") concrete filled
steel pipe or equivalent protective device shall be installed on driveways used
exclusively by automobiles.
(g) Minimum Lot Size. NeExcept in the C-1 and C-2 Overlay Zones, no new Lot
shall be established for any use in the I Zone unless the Lot is at least one acre in size
and complies with Code Section 28.28 of the o&-, "Lots to Conform to Minimum
Requirements."
(h) Trash Enclosures. All trash disposal areas shall be enclosed on three (3) sides, shall
have two (2) block walls and one (1) lockable gate. The gate's overall height shall be a
minimum of silt (6) feet; its overall width shall be a minimum of eight (8) feet. All
block walls shall be a minimum six (6) feet tall.
Chapter 26. Comprehensive Zoning Ordinance IV-10
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
Sec. 26.4.2. Commercial-1 (C-1) Overlay Zone.
Sec.26.4.2-L Purpose and Intent The purpose of the Commercial-1 (C-1) Overlay Zone is to
accommodate at limited and specific areas of the City those eeffifnereial,serviee, mid business
mouses that are neeegsary to support indusdimplement and , do not
generate -____ - L._-___ -_ athp� eer_ --feet_ F__rr__r.�._� __-detract from the purposely established
industrial character of the City. The C-1
Overlay Zone is intended to provide areas for the development of mercantile facilities, including
Commercial Uses, Retail Uses, Offices, services, and business operations that would serve existing
businesses and theii- emplaye urrounding uses by improving access to a greater range of facilities
and residents in the Gicr. services. The regulation of uses and establishment of Development
Standards and Site Planning Standards set forth in the C-1 Overlay Zone are those deemed
necessary to promote the orderly operation and efficient functioning of the City.
Sec.26.4.2-2 Uses Permitted of Right in the GI Overlay Zone. Uses permitted of right in the I
Zone are permitted of right in the C-1 Overlay Zone.
Sec.26.4." Uses That May Be Permitted by Conditional Use Perout m the C-1 Overby
Zone- Uses permitted in the I Zone with a Conditional Use Permit may be permitted 'in the C-1
Overlay Zone subject to a Conditional Use Permit.
Sec.26.4.2-4. Uses That May Be Permitted by Mirror Conditional Use Permit The uses set
forth in this Section 26.4.2-4,"Uses That May Be Pemnitted by Nfinor Conditional Use Permit,"may
be permitted in the C-1 Overlay Zone with a Minor Conditional Use Permit.
(a) Commercial or Retail Uses-
(b) Fueling stations.
(c) Incidental Use,including the right to sell at retail,and Ancillary Retail Use.
(d) Uses permitted with a Minor Conditional Use Permit in the I Zone.
Sec.26.4.2--9 Development Standards and Site Planning Standards in the GI Overlay Zone.
(a) The Development Standards of Section 26.4.1-7, "Development and Performance
Standards," Table 26.4.107(b)(2), "Noise Standards," and Section 26.4.1-8, "Site
Planning Standards," shall apply to all newly constructed Buildings and Ancillary
Structures, land,and uses in the C-1 Overlay Zone.
(b) New uses in existing Buildings in the C-1 Overlay Zone shall be required to comply
with the Development Standards of Section 26.4.1-7, "Development and
Performance Standards." No new Lot shall be established for any use in the C-1
Overlay Zone unless the Lot is at least twenty-five thousand (25,000) square feet in
size and complies with Code Section 28.28, "Lots to Conform to Minimum
Requirements.".
IV-11 Chapter 26.Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
(c) All parcels and Lots located in the C-1 Overlay Zone shall dedicate a minimum of
five percent (5%) of the gross square footage of the Lot to irrigated Landscaping that
is visible from the Street.
(d) The City Council may impose as part of the Conditional Use Permit, or the Director
may impose as part of the Minor Conditional. Use Permit, any other requirements as
are reasonably necessary to protect nearby owners and occupants from traffic, noise,
odor,dust,and similar concerns.
Sec.26.4.3. Commercial-2 (C-2) Overlay Zone.
See.. '�SGC.26.4.3-1. Purpose and Intent The purpose of the Commercial-2 (C-2) Overlay
Zone is to accommodate at limited and specific areas of the City those uses that may ordinarily
conflict with the purposely established industrial character of the City. The C-2 Overlay Zone is
intended to provide areas for the development of commercial and retail facilities, including
Commercial Uses, Retail Uses, Offices, services, and business operations, at locations where such
commercial and retail facilities would complement and serve existing business and surrounding uses
by improving access to a greater range of facilities and services. The C-2 Overlay Zone is intended
to accommodate a higher level of intensity of uses than the C-1 Overlay Zone. The regulations for
the C-2 Overlay Zone are those deemed necessary to promote the orderly operation and efficient
functioning of the City,
Sec.26.4..�2. Uses Permitted of Right— in the G2 Zone The following uses of Buildings and
land are permitted of right in the C-2 Zone.
See,X. (a) Uses permitted of right in the I Zone
(b) Commercial or Retail Uses whose purpose is engaging in business associated with
First Amendment Protected Uses.
Sec.26.434. Uses That May Be Penn tted by Conditional Use Permit in the G2 Zone Uses
permitted in the I Zone with a Conditional Use Permit may be permitted in the C-2 Overlay Zone
subject to a Conditional Use Permit.
bee 2642-J�--Sec. 26.4.34 Uses That May Be Permitted by Minor Conditional Use Permit
The uses set forth in this Section 26.4.23-4, "Uses That May Be Permitted by Minor Conditional
use Pernvit," may be permitted in the C-2 Overlay Zone only with a
. . Minor Conditional Use.Permit.
(a) Commercial or Retail Uses.
(b) Fueling Stations.
�(cj Incidental Used, including the
right to sell at retail, and Ancillary Retail Use.
Chapter 26.Comprehensive Zoning Ordinance IV-12
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
(d) Religious ,as no new uge as a Resideftee
isuses.
(e) --Uses permitted in the City).
with a Minor Conditional Use Permit in the I Zone.
See. 2-6 4-.2 TSec. 26.4.3-9. Development Standards and Site Planning Standards.
(a) Sections 26.4.1-7, "Development and Performance Standards -� ," and
26.4.1-6 and the-8, "Site Planning Standards of Section 26 4.1 7," shall apply to all
newly constructed Buildings; and Ancillary Structures, land, and uses in the C-2
Overlay Zone.
ensure that new Contfnerei*l Use*nd Ret" 69e is designed solely to serv;e the needs of the Gier�q bfts'
tbj No new Lot shall be established or approved for any use in the C-2 Overlay Zone
unless the Lot is at least twenty-five thousand (25,000) square feet in size and
complies with Code Section 28.28.
�e4(c) All parcels and Lots located in the C-1 Overlay Zone shall dedicate a minimum of
oft five percent (159/6) of the gross square footage of the Lot to irrigated Landscaping
that is visible from the Street.
(d) The City Council may impose as part of the Conditional Use Permit, or the Director
may impose as part of the Minor Conditional Use Permit, any other requirements as
are reasonably necessary to protect nearby owners and occupants from traffic, noise,
odor, dust, and similar concerns.
(e) New uses in existing Buildings in the C-2 Overlay Zone shall be required to comply
with Section 26.4.1-7, "Development and Performance Standards."
(f) At least five percent (5%) of the gross square footage of lots in the C-2 Overlay
Zone shall have Landscaping visible from the Street.
IV-13 Chapter 26.Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
4)(g) The City Council may impose as part of the Conditional Use Permit, or the Director
may impose as part of the Minor Conditional Use Permit, any other requirements as
are reasonably necessary to protect nearby owners and occupants from traffic, noise,
odor, dust, and similar concerns.
See. 26.4TSec. 26.4.4. Slaughtering(S) Overlay Zone.
SeeL26::T�Sec. 26.4.4-1. Purpose and Intent The purpose of the Slaughtering (S) Overlay
Zone is to permit the Slaughtering of animals at limited and specific locations, with such land use
controls as will adequately accommodate titt4such specialized operations and will minimize traffic,
noise, vibration, dust, odors, smoke, or risk of disease that is obnoxious to or interferes with the
operation of other uses in the I Zone and the other Overlay Zones. The provisions of this S
Overlay Zone are intended to ensure that the City will function safely and efficiently and provide an
attractive industrial environment.
- ? � r E- 26.4.f-'. Uses Permitted of Right in the S Overlay Zone. Uses permitted of
right in the I Zone are permitted of right in the S Overlay Zone,
See. �: Sec. 26-4.4-3. Uses That 1llay Be Permitted by Conditional Use Permit- in the S
Overlay Zone. The uses set forth in this Section 26.4.4-3-3, "Uses That May Be Permitted by
Conditional Use Permit," may be permitted in the S Overlay Zone only with a Conditional Use
Permit.
(a) All uses permitted in the I Zone with a Conditional Use Permit are also permitted in
the S Overlay Zone with a Conditional Use Permit.
(b) Lots encompassing one acre or more of area may be used for the
n6ughwriiWlaughtering of animals.
.EST Sec. 26.4.4-4. Development Standards and Site Planning Standards in the S
Overlay Zone.
(a) The Development Standards of Section 26.4.1-67, "Development and Performance
Standards," and the Site Planning Standards of Section 26.4.1--78, "Site Plannirig
Standards," shall apply to all newly constructed Buildings, Ancillary Structures, land,
and uses in the S Overlay Zone.
(b) New uses in existing buildings in the S Overlay Zone shall be required to comply
with the Development Standards of Section 26.4.1-7, "Development and
Performance Standards."
(� c) 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 the
traffic, noise, odor, dust,vibration,risk of infection or disease, and similar concerns.
Chapter 26. Comprehensive Zoning Ordinance IV-14
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
See-26�Sec. 26.4.5. Rendering(R) Overlay Zone.
See.26- '-�4-'r Sec. 26.4.5--L Purpose and Intent The purpose of the Rendering (R) Overlay Zone
is to allow for Rendering Plants at limited and specific locations, with such land use controls as will
adequately accommodate their specialized operations and will minimize traffic, noise,vibration, dust,
odors, smoke, or risk of disease that is obnoxious to or interferes with the operation of other uses in
the I Zone and the other Overlay Zones. The provisions of the R Overlay Zone are intended to
ensure that the City will function safely and efficiently and provide an attractive industrial
environment.
See. 264� _Sec. 26.4..5--1 Uses Permitted of Right. in the R Overlay Zone. Uses permitted of
tight in the I Zone are permitted of right in the R Overlay Zone,
See-.26.44 Sec.26.4.9-3. Uses That May Be Permitted by Conditional Use Permit in the R
Overlay Zone. The uses set forth in this Section 26.4.5-3, "Uses That May Be Permitted by
Conditional Use Permit," may be permitted in the R Overlay Zone only with a Conditional Use
Permit.
(a) All uses permitted in the I Zone with a Conditional Use Permit are also permitted in
the R Overlay Zone with a Conditional Use Permit.
(b) Lots encompassing one acre or more of area may be used for a Rendering Plant.
See.26 A. Sec.26.4.9--4. Development Standards and Site Planning Standards in the R
Overlay Zone.
(a) The Development Standards of Section 26.4.1-67, "Development and Performance
Standards," and the Site Planning Standards of Section 26.4.1--78, "Site Planning
Standards," shall apply to all newly constructed Buildings, Ancillary Structures, land,
and uses in the R Overlay Zone.
(b) New uses in existing Buildings in the R Overlay Zone shall be required to comply
with the Development Standards of Section 26.4.1-7, "Development and
Performance Standards."
0�4 c 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 the
traffic, noise, odor, dust,vibration,risk of infection or disease, and similar concerns.
Sec. 26.4.6. See. 26-4.5. Housing (H) Overlay Zone.
Sec.26.4.E-L —See26::T=Purpose and Intent. The purpose of the Housing (H) Overlay Zone is
to accommodate housing at limited and specific areas of the City pursuant to General Plan policy,
and to locate such housing in a manner that minimizes potential conflicts between residential and
industrial uses. The regulation of uses and establishment of Standards and Findings set forth in the
H Overlay Zone are those deemed necessary to promote health and safety of residents and
businesses, and the orderly operation and efficient functioning of the City. Given the industrial
IV-15 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
nature of Vernon, this Section 26.4.6, "Housing (H) Overlay Zone," establishes a Development
Agreement as the entitlement process for establishing any new Residential Use in the H Overlay
Zone. A Development Agreement will allow tailored development standards to be applied to
proposed residential projects, thereby providing flexibility in responding to the unique land use
conditions in Vernon.
Sec. 26.4.6--2. See. 26 '5 ' Uses Permitted of fthh in the H Overlay Zone. Uses permitted of
right in the I Zone are permitted of right in the H Overlay Zone,
Sec.26.4.6-3. See-. '�1 Uses That May Be Permitted by Conditional Use Pernxit in the H
Overlay Zone. All uses permitted in the I Zone with a Conditional Use Permit are also permitted
in the H Overlay Zone with a Conditional Use Permit.
Sec.26.4.64. So--. M.4 5 A Uses That May Be Permitted by Development Agreement in the
H Overlay Zone. Residential Uses, including single-family housing, multi-family housing,
supportive housing, transitional housing, and other similar forms of housing are permitted in the H
Overlay Zone with a Development Agreement.
Sec.2S.4.65. Se—26 A -3 Development Standards and Site Planning Standards fee
rn the H Oveday Zone.
(a) For any nonresidential. Permitted Use in the H Overlay Zone, the Development
Standards of Section 26.4.1-7, "Development and Performance Standards," and the
Site Planning Standards of Section 26.4.1-8, "Site Planning Standards," shall apply to
all Buildings,Ancillary Structures,land,and uses.
C b For any proposed Residential Use in the H 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 Chapter, the provisions of the
underlying zone shall apply.
A6 c The City Council may impose as a part of the Development Agreement any other
requirements as are necessary to protect occupants of the development and/or
nearby owners and occupants from the impacts associated with traffic, air pollutants,
noise, odor, dust,vibration,risk of infection or disease, and similar concerns.
See.26.4.6-6. gee-26.4.3&-Findings. After a public hearing, the City Council shall approve a
proposed residential development and related Development Agreement only after first making all of
the following findings:
(a) The design, location, size, and operating characteristics of the
proposed residential development will be compatible with the existing land uses in
the vicinity;
Chapter 26.Comprehensive Zoning Ordinance IV-16
Article IN". Zones,Permitted Uses,Development Standards,and Site Planning Standards.
(b) The proposed density is consistent with density standards and
all applicable policies contained in the General Plan;
(c) The site and site plan are physically suitable in terms of
design, location, shape, size, and the provision of public and emergency vehicle
access, and public services and utilities, including but not limited to fire protection,
police protection, potable water, schools, sewerage, solid waste collection and
disposal, storm drainage, and wastewater collection,treatment, and disposal;
(d) On-site traffic circulation for pedestrians and vehicles is
designed into the development to allow residents to move easily through the
development and to avoid pedestrian/vehicular conflicts and further, to ensure
appropriate access for fire and police response and surveillance equal to or better
than what would normally be created by compliance with the Site Planning Standards
of Section 26.4.1 4t8, "Site Planning Standards";
The proposed project provides suitable, usable common
and/or private open space that will meet the passive and/or active recreation needs
of the resident. Common open space areas and setbacks are provided with
landscaping and other improvements suitable for the development proposed;
proposed project provides adequate parking to meet the
residents' needs, to avoid parking impacts on surrounding properties, and to comply
with state and federal law;and
(g) Refuse/recycling collection areas are located to provide easy
access to for all residents and collection vehicles, and to rninimi e noise impacts on
residents.
Sec. 26.4.7. Sec-Truck and Freight Terminal(T) Overlay Zone.
Sec.26.4 74. Purpose and Intent The purpose of the Truck and Freight Terminal M Overlay
Zone is to permit Truck Terminals, Freight Terminals, Solid Waste, and Hazardous Waste Facilities
at limited and specific locations with such land use controls as will adequately accommodate their
specialized operations and will minimize traffic, noise, vibration, dust, or odors that are obnoxious
to or interfere with the operation of other uses in the I Zone and the other Overlay Zones. The
provisions of this T Overlay Zone are intended to ensure that the City will function safely and
efficiently and provide an attractive industrial environment.
Sec.264.7--2. Uses Permitted of Right in the T Overlay Zone. Uses permitted of right in the I
Zone are permitted of right in the T Overlay Zone.
Sec.26.4.7-3. Uses That May Be Permitted by Conditional Use Permit in the T Overlay
Zone. The uses set forth in this Section 26.4.7-3 may be permitted in the T Overlay Zone only with
a Conditional Use Permit.
(a) All uses permitted in the I Zone with a Conditional Use Permit are also permitted in
the T Overlay Zone with a Conditional Use Permit.
IV-17 Chapter 26. Comprehensive Zoning Ordinance
Article IV. Zones,Pernutted Uses,Development Standards,and Site Planning Standards.
(b) Hazardous Waste Facilities.
(c) Solid Waste Facilities.
(d) Fueling stations.
(e) Lots encompassing one (1) acres or more of area may be used for a Freight
Terminal,Truck Terminal or Transportation Related Use.
Sec.M..4.7--4. Development Standards acid Site Planning Standards in the T Overlay Zone.
(a) The Development Standards of Section 26.4.1-7, "Development and Performance
Standards," and the Site Planning Standards of Section 26.4.1-8, "Site Planning
Standards" shall apply to all newly constructed Buildings, Ancillary Structures, land,
and uses in the T Overlay Zone.
(b) New uses in existing Buildings in the T Overlay Zone shall be required to comply
with the Development Standards of Section 26.4.1-7, "Development and
Performance Standards."
(c) The CiV Council mayrmpose as a part of the Conditional Use Permit any other
requirements as are necessary to tirotect nearby owners and occubants from th
traffic. air Pollutants. noi= odor. dust_ vibra Lw risk of infection or disease. and
similar concerns. _ ^
Sec.26.4.8. -Emergency Shelter (E) Overlay Zone.
Sec. 26.4 8-I. See. 2&f 71-Purpose and Intent. The purpose of the Emergency Shelter (E)
Overlay Zone is to comply with Government Code Sections 65582, 65583(a) and 65589.5, which
require all California cities to permit emergency (homeless) shelters as a matter of right in at least
one zone. The purpose of regulating the siting of emergency shelters is to ensure emergency shelters
are developed in a manner which protects the health, safety, and general welfare of nearby residents
and businesses while providing for the housing needs of the homeless.
Sec.26.4.8-2. See. X.A7 2 Uses Permitted of Right. Uses permitted o£right in the I Zone are
permitted of right in the E Overlay Zone, and all such uses shall be subject to the Development
Standards of Section 26.4.1-6-7, "Development and Performance Standards," and the Site Planning
Standards of Section 26.4.1-8, "Site Planning Standards." Emergency shelters are permitted of right
in the E Overlay Zone. Emergency shelters developed within the E Overlay Zone shall be subject to
the Development Standards of Section 26.4.7-4-8-4, "Development and Site Planning Standards for
Emergency Shelters."
Sec.26.4.8-3. —See. '�7 2 Uses ThatMay Be Permitted by Conditional Use Permit.
(a) ($ All uses permitted in the I Zone with a Conditional Use Permit are also
permitted in the E Overlay Zone with a Conditional Use Permit-and shall be subject
to the Development Standards of Section 26.4.1-7, "Development and Performance
Standards," and the Site Planning Standards of Section 26.4.1-8, "Site Planning
Standards."
Chapter 26. Comprehensive Zoning Ordinance IV-18
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
�)
(c) . '� '.' '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 the traffic, air pollutants, noise, odor, dust, vibration, risk of
infection or disease,and similar concerns.
Sec.26.4.8-4. Development and Site Planning Standards for Emergency Shelters.
(a) (a) The emergency shelter shall contain a maximum of ten (10) beds and shall
serve no more than ten (10) homeless persons at any one time.
(b) Occupancy by an individual or family may not exceed one hundred eighty
(180) consecutive days unless the management plan provides for longer residency by
those enrolled and regularly participating in a training or rehabilitation program.
(c) re, -1 minimum distance of three hundred (300) feet shall be maintained from
any other Emergency Shelter, as measured from the property line.
(d) Adequate external lighting shall be provided for security purposes. The
lighting shall be stationary and directed away from adjacent properties and public
rights-of-way. The intensity shall comply with standard City performance standards
for outdoor lighting.
(e) A Security and Safety Plan shall be provided for the review and approval of
the 5er"ces Director. The plan may be required to address additional
security and safety needs as identified by the Gommuttity Servieeq. Director. The
approved Security and Safety Plan shall remain active throughout the life of the
facility. The plan shall contain provisions addressing the following topical areas:
sleeping areas, loitering control, management of outdoor areas, alcohol and illegal
drugs, and current contact information for the operator of the facility during day and
nighttime hours.
- The facility may provide the following services in designated areas separate
from sleeping areas: recreation area, counseling center, laundry, kitchen, dining hall,
and client storage areas.
IV-19 Chapter 26.Comprehensive Zoning Ordinance
Article IV. Zones,Permitted Uses,Development Standards,and Site Planning Standards.
Chapter 26.Comprehensive Zoning Ordinance IV-20
Article V.Regulations Applicable to the I Zone and Overlay Zones.
Article V. Regulations Applicable to the I Zone and Overlay Zones.
V
Sec. 26.5.1. Off-Street Parking and Loading Facilities.
Sec.26.5.1-1. Interpretation The provisions of this Section 26.5.1, "Off-Street Parking and
Loading Facilities," establish minimum requirements for the promotion of the public health, safety,
comfort, convenience, and general welfare, and shall not be deemed or construed to prohibit the
City Council, in granting or approving a Conditional Use Permit, Variance, or Development
Agreement from requiring additional parking or loading facilities for a particular use.
Sec.26.5.1-2. Consideration of Fractional Remainders. Where calculation of the number of
spaces required results in a fractional number, any fraction shall be rounded to the next higher whole
number.
Sec.26.5.1-3. Parking in Buildings. Where required parking or Loading Space computations are
based on Floor Area, floor space devoted to parking or loading within a Building shall not be
included in the Floor Area portion of the computation.
Sec.26.5.1-4. Multiple Uses. In the case of mixed uses in a Building or on a Lot, the total required
number of off-street parking and loading spaces and maneuvering capacity shall be the sum of the
requirements for the various uses.
Sec.26.5.1-5. No Loss of Minimum Required Space or Maneuvering Capacity. Existing
parking, maneuvering, and loading facilities on a Lot or parcel may not be reduced or removed
below the required minimum (or below the now existing number of spaces or maneuvering capacity,
if the existing number of spaces or maneuvering capacity is below the required minimum) unless
substitute spaces or maneuvering capacity are provided.
Sec.26.5.1--6. Parking, Maneuvering, and Loading Development Standards.
(a) Gerae=L Parking, maneuvering, and loading capacities for any Building shall comply
with the minimum standards set forth in this Section 26.5.1,"Off-Street Parking and
Loading Facilities," except that existing parking, maneuvering, and loading capacities
are not required to be brought into compliance with these standards until the
occurrence of an event described in Table 26.5.3-3. , "Right to Continue
Nonconforming Uses."
See. .Al& If a use requires a Conditional Use Permit, the Director of Gefnmtw�tv
Servieesshall recommend the minimum number of ptrking-spaee9Parking Spaces and
the minimum loading and maneuvering requirements for the requested use during
the Conditional Use Permit process, based on the information and analysis provided
as part of the Conditional Use Permit application process. The Director€
shall notify the City Council of the recommendation. With the
concurrence of the City Council, the Director of GaffifftuffityPublic Works, Water,
and Development Services shall utilize the recommended minimum parking and
loading and maneuvering requirements as the standard for that and similar uses.
Such determination of required number of parking spaeesParking Spaces and loading
V-1 Chapter 26.Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
and maneuvering requirements shall be recorded as specified in Section 26.6.157,
"Interpretations,Minor Exceptions, and Appeals."
If a use requires a Minor Conditional Use Permit, the Director shall approve and
develop the standard for the minimum number of Parking Spaces and the minimum
loading and maneuvering requirements for the requested use during the Minor
Conditional Use Permit process, based on the information and analysis provided as
part of the Minor Conditional Use Permit application. process. Such determination
of required number of Parking Spaces and loading and maneuvering requirements
shall be recorded as specified in Section 26.6.7, "Interpretations, Minor Exceptions,
and Appeals."
(b) Minimum Automobile Parking Requirements. Adequate off-street
parking, loading, and maneuvering space shall be provided for each use or
development on a Lot, or for each Building on a Lot, to accommodate all
automobiles or similar vehicles of the employees, consultants, agents, buyers,
vendors, salesmen, visitors, and other persons normally transacting business at such
enterprise or Building. —Table 26.5.1-6(*3b) Minimum Number of Required
Automobile Parking Spaces sets forth the minimum number of required automobile
Parking Spaces. If more than one land use is located on a size, including Ancillary or
Incidental Uses, the number of required off-street Paling Spaces shall be equal to
the sum of all required parking spaces-prescribed for each individual Permitted Use.
T T CTable 26.5.1-6(ab)
AHNB&UW REQUIRED AUTOMOBILE PARKING SPACE
Minimum Number of Required Automobile Patking Spaces
r��A se T Required Spaces
Industrial Use, Industrial Gas Manufacturing, One (1) space per 1,000 square feet of gross
and Recyc FacilityFloor Area
Commercial Uses One (1) space per 250 psquare feet of gross
Floor Area
Data Centers One (1) spare per 1,250 square feet of gross
Floor Area
Emergency Shelter One (1) space for each five (5) beds plus two (2)
additional s aces.
Health Clubs (gyms) One (1) space per 200 square feet of gross Floor
Area
Religious Uses One (1) space for each three (3) fixed seats, or
where no fixed seats are provided, one (1) space
for every 35 gross square feet of gross Floor
Area
Residential Uses Parking Determined Pursuant to Development
Agreement, but no less than one (1) space for
each unit.
Restaurant (Take out) Eight (8) spaces per 1,000 square feet of gross
Floor Area
Restaurant Sit down) I One 1) space per 100 square feet of gross Floor
Chapter 26.Comprehensive Zoning Ordinance V-2
Article V.Regulations Applicable to the I Zone and Overlay Zones.
Area
Retail (less than 25,000 square feet) and multiple One (1) space per 250 square feet of gross Floor
tenant Retail Area
Use, Warehouse Uge,induseial Gas One (1) space per 4-250 square feet for the first
Alanefaevdr�ngRetail (25,000 square feet or greater) 25,000 square feet of gross Floor Area and then
- Single tenant only one (1) space per each additional 500 square feet
of gross Floor Area
Stu(ilos (dance, etc.) One (1) space per 200 square feet of gross Floor
Area
Trade Schools One (1) space per 50 square feet of gross Floor
Area
Truck Terminals and Freight Terminals Parking shall be provided as determined by a
parking study pnared for the specific use.
Warehouse Use, General One (1) space per 1,000 square feet of gross
Floor Area
Warehouse Use, Cold Storages One (1) space per 1,000 square feet of gross
Floor Area for the first 50,000 square feet, and
one (1) space per 5,000 square feet of gross
Floor Area above 50,000 square feet
Emergeney 86elrer
Agreement; bet no less than one (1) spsee for es
eflit
Note
(1) Through the Conditional Use Permit and Minor Conditional Use Permit processes, the City may
require additional parking for a specific use or application.
R4 (c) Minimum Truck Loading Requirements All Buildings and uses, except
for Commercial Lases, Retail Uses, Residential Uses, and Emergency Shelters, shall
provide adequate off-street Loading Spaces and areas to accommodate trucks being
loaded, unloaded, or waiting to be loaded or unloaded in accordance with the
following standards. Truck Loading Spaces in excess of the required number may be
counted as required .Parking Spaces. Table 26.5.1-6(*) Minimum
Required Truck Loading Spaces sets forth the minimum truck loading spaces.
SEETABL
V-3 Chapter 26. Comprehensive Zoning Ordinance
Article V.Regulations:applicable to the I Zone and Overlay Zones.
Table 26.5.1- (c)
Afl:P�ffl%(UM REQUIRED TRUCK LOADING SPMES
Minimum Required Truck Loading Spaces
T 1 Use Type REQ ern ter,Cn.'GrsRe aired Spaces
Industrial Use,Warehouse Use, Industrial Gas One (1) space per 10,000 square feet of gross
Manufacturing Floor Area
Cold Storage Warehouses One (1) space per 7,500 square feet of gross
floor area
Data Centers One (1) space per 50,000 square feet of gross
floor area
26.5.1 6(e)sets forth the i iber of required tmek pftrking sp*ees.
TABLE 26w5A 6(e)
rrlaCommercial Use and Retail Use Loading shall be provided as
determined by a parking study prepared for the
specific use.
(d) Almunuur Trcuck Parking Requiriements. All Buildings and uses, except for
Commercial. Uses, Retail Uses, Residential Uses, and Emergency Shelters, shall
provide adequate Parking Spaces for all trucks, regardless of size. Table 26.5.1-6(d)
Minimum Required Truck Parking Spaces sets forth the minimum number of
required truck Parking Spaces.
Table 26.5.1-6(d)
Minimum Required Truck Parking Spaces
Use Type Required Spaces
Industrial Use, Cold Storage Warehouses, One (1) space per 25,000 square feet of gross
Warehouse Use, Industrial Gas Manufacturing Floor Area for the first 100,000 square feet and
one (1) space per 100,000 square feet of gross
Floor Area above 100,000 square feet
Chapter 26.Comprehensive Zoning Ordinance V-4
Article V.Regulations Applicable to the I Zone and Overlay Zones.
at the hot when
(EWe) Location Required parking facilities may be located on the Lot as the use or
Occupancy for which the parking is being provided or may be provided on a
separate Lot. If provided on a separate Lot, a covenant shall be recorded restricting
all or a portion of the use of the separate Lot to parking use for the benefit of the
use requiring the parking, and evidence shall be filed with the City of Vernon
assuring the required number of spaces on such parcel have been set aside and will
be maintained for parking purposes in connection with the particular use or
Occupancy requiring the parking so long as such use or Occupancy exists. The main
entrance of the parking facility located on a separate Lot shall be within fifteen
hundred (1,500) feet, measured along the Street from the property line of the Lot on
which the parking is located to the front door of the Building in which the principal
use of the Lot is conducted.
i.�l+f) Parking Requirement for Spaces for the Disabled. The determination of the
required number of paddng spaeesParking Spaces for use by the disabled shall be
based on the greater of-(: 1) the minimum number of required automobile psrls g
Vecesparking Spaces, as set forth in Table 26.5.1-6(o, ) Minitnum plumber of
Required Automobile Parking Spaces, or f2) the actual number of pail g
spaeeWarking Spaces provided (including both on the Lot and VweaParking Spaces
located off the Lot that are provided for the business). All par46fT spaeesParking
Spaces for the disabled shall be located on the same Lot as the use or Occupancy for
which the parking is provided, and the number of spaces required and the
dimensions thereof shall be provided as required by State law.
—Size. The minimum size of all pgParking and Loading Spaces shall be as set
forth in Table 26.5.1-6(�.
TABLE 26.5.16(6
PARKING AND LOADING SPACE MINIMUM DIMENS10
1 R_ft_m__ "
g) Parking and Loading Space
Minimum Dimensions. Width
8-5-t. 19 ft. €�
Lek Parl�g Spaee 49-€t 7€t. is €.
V-5 Chapter 26.Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
(g) Any automobile parking stall adjoining a Building or Ancillary Structure shall be
provided with two (2) additional feet of widthto provide stiffleient spaee to
open the door of the vehiele.
Chapter 26.Comprehensive Zoning Ordinance V-6
Article V.Regulations Applicable to the I Zone and Overlay Zones.
Table 26.5.1-6(g)
Parking and oading Space Minimum Dimensions
Minimum
Vertical
Width Lwzh Clearance
Automobile Parldng Space 8.5 ft. 19 ft. 7 ft.
Truck Parking Space 10 ft. 75 ft. 15 ft.
Truck Loading Space 10 ft. 75 ft. 15 ft.
For any stand-alone parking or 15 ft. 75 ft. 15 ft.
truck Loading Space (not adjacent
to another space)
(h) Truck Maneuvering Space. Unobstructed truck maneuvering space shall be fifty
(50) feet,as illustrated by Diagram 26.5.1-6(}h)Truck Maneuvering Space.
V-7 Chapter 26. Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
DIAGRAM 26.5.1-6(4h)
TRUCK MANUEVERING SPACE
NOTE:
TRUCKS SHALL ENTER IN A FRONT
FORWARD MANNER AND APPROACH THE
LOADING DOCK ON THE DRIVER'S SIDE
OF THE VEHICLE. IF THE TRUCK
APPROACHES THE LOADING DOCK IN A
DIRECTION OTHER THAN ITS DRIVER'S
SIDE, THEN ADDITIONAL MANUEVERING
AREA MAY BE REQUIRED.
in
F�
45' MAX. 45' MAX,
I
135' MIN. 135' MIN,
z
z OC
Ln
u�
N C IN
DIAGRAM 26.5. 1 - 6(f)
Chapter 26.Comprehensive Zoning Ordinance V-8
Article V.Regulations Applicable to the I Zone and Overlay Zones.
TRUCK MANUEVERING SPACE
NOTE.
TRUCKS SHALL ENTER IN A FRONT
FORWARD MANNER AND APPROACH THE
LOADING DOCK ON THE DRIVER'S SIDE
OF THE VEHICLE. IF THE TRUCK
APPROACHES THE LOADING DOCK IN A
DIRECTION OTHER THAN ITS DRIVER'S
SIDE, THEN ADDITIONAL MANUEVERING
AREA MAY BE REQUIRED
in
n
75'MIN. 85'MIN.045 MAX. 45' MAX.
I
135' MIN. 135, MIN.
i
C
in
N C R
N
(0i) Loading Equipment. Loading equipment may extend into the fifteen (15) foot
vertical clearance area described in Section 26.5.1-6(f�h), "Truck Maneuvering
Space," above when required by specialized loading operations, if the Director-e4
determines such intrusion will not be contrary to the intent of
this Section and approves such intrusion.
;-lei Parking Lot Dimensions Minimum dimensions for required automobile parking
Shall be as fellows!
A"le 3946th—
Aftgle l C«_11 5xidVh
W Two [F7--7
4-5 20 €.
60 24-& 2 4t 21 ft.
-
90 +94t. 274+ a--li
(j) indicated in Table 26.5.1-60) Parking Lot Dimensions. Parallel parking stalls located
adjacent to a maneuvering or access aisle shall have minimum dimensions of 8.5 feet
wide by 25 feet long.
Table 26.5.1-6(j)
Parking Lot Dimensions
Angle Stall Width Aisle Width— Aisle Width—
(Degrees) Measured Pe endicular One Way Two-Way
V-9 Chapter 26.Comprehensive Zoning Ordinance
Article V.Regulations_applicable to the I Zone and Overlay Zones.
45 20 ft. 15 ft. 20 ft.
60 21 ft. 21 ft. 21 ft.
90 19 ft. 27 ft. 27 ft.
Access Easily accessible and adequate ingress and egress shall be provided
to all parking and loading facilities. Sufficient driveways, maneuvering, and turn-around areas
shall be provided on the Lot to allow for safe and unobstructed front entry onto the Lot. All
vehicles, including trucks, using the parking or loading facilities shall enter or leave the Street in
a front forward manner without backing onto the Street or backing into the Lot. A minimum
of fifty (50) feet of unobstructed maneuvering space shall be maintained for all required truck
parking and Loading Spaces, as shown in Diagram 26.5.1-6(#}1) Truck Maneuvering Space. No
maneuvering of vehicles from a parking or loading stall shall occur within twenty (20) feet of a
driveway opening, as measured perpendicular to the driveway width, as shown in diagram
26.5.1-6(k) Narrowing of Drive Aisle. An aisle shall not be narrowed at a rate greater than 2A
to 1 to achieve a minimum width as shown in Diagram 26.5.1-6-�}(k) Narrowing of Drive
Aisle. Minimum required aisle widths shall be as indicated in Table 26.5.1-6(k) Parking Aisle
L111L�.11J1V11J.
DIAGRAM 26.5.1-6(iFk)
NARROWING OF DRIVE AISLE
RAIN.
AISLE
W�
i NOTE:
MAXIMUM RATE OF NARROWING
OF A DRIVE AISLE IS FOR
EVERY 2.5' ALONG THE
DRIVE DIRECTION, THE LANE
rAN RE UARROW1711 1—MO-1
UNTIL IT MEETS THE MINIMUM
DRIVE AISLE WIDTH.
E
2.t
1 ,
1
DIAGRAM 26. 5. 1 - 6(i)
Chapter 26. Comprehensive Zoning Ordinance V-10
Article V.Regulations Applicable to the I Zone and Overlay Zones.
'}tnrrr rrr-+*ct i rT
NARROWING OF DRIVE AISLE
MIN
AISLE
WIDTH
NOTE:
MAXIMUM RATE OF NARROWING
OF A DRIVE AISLE IS FOR
EVERY 3'ALONG THE THE
DRIVE DIRECTION,THE LANE
l CAN BE NARROWED 1-FOOT
UNTIL IT MEETS THE MINIMUM
DRIVE AISLE WIDTH.
3'
1'
ffbMANEUVERI
ZONE
Table 26.5.1-6(k)
Par ' Aisle Dimensions
Width Height
One-way aisle 15 ft. 15 ft.
Two-way aisle 24 ft. 15 ft.
(j)(1) Curb Cuts. No curb cut for a driveway or aisle or any portion providing vehicular
access to the Lot shall be permitted within any portion of any curb return, nor within
seventy-five (75) feet of the point of tangency of any curb return for a driveway used
by trucks, nor within forty-five (45) feet of the point of tangency of any curb return
for a driveway used exclusively by automobiles, as shown in Diagram 26.5.1-6(.—Ii
Curb Cut Location.
DIAGRAM 26.5.1-6(i1)
V-11 Chapter 26.Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
CURB CUT LOCATION
40'MIN. SIDEWALK
�CURB & GUTTER
TANGENT 754N.
POINT OF TRUCK DRIVEWAY
I CURB RETURN
INTERSECTION _ — — /-- — — i — —
I TANGENT-- r AUTOMOBILE DRNEWAY
POINT OF 45'MIN. CURB & GUTTER
CURB RETURN
25'MIN. SIDEWALK --
li I DIAGRAM 26.5. 1 -6(j)
Chapter 26.Comprehensive Zoning Ordinance V-12
Article V.Regulations Applicable to the I Zone and Overlay Zones.
CURB CUT LOCATION
u
%
f � .
4 -MIN. SIDEWALK
-
TANGENT� 75 MIN.
=CURB & GUTTER
POINT OF TRUCK DRIVEWAY
f STREET CURB RETURN
INTERSECTION STREET CENTERLINE
AUTOMOBILE DRIVEWAY
TANGENT
POINT OF 45'MIN. CURB & GUTTER
CURB RETUR¢ ^sm:aa
25'MIN. SIDFVYALK
i
gym) Driveway Entrance. The minimum driveway entrance width for truck access shall
be forty (40) feet, and the minimum driveway entrance width for automobile access
shall be twenty-five (25) feet. All driveways shall be constructed in accordance with
City standards. -
44 n i Markings. All required parking and Loading Spaces and facilities shall be clearly
and adequately marked with permanent durable and easily distinguishable materials.
All one-way drives, entrances, and exits shall be clearly and permanently marked.
Such signs and markings shall be maintained and shall be visible to drivers of
vehicles using the parking facility.
4-4 o i Paving. All parking and loading facilities shall be paved with asphalt or concrete
and shall provide for adequate drainage. Drainage to the Street shall be treated in
compliance with the City's discharge and treatment requirements prior to being
released to the Street or storm drain system.
( !(p; Maintenance. All parking and loading areas shall be kept clean and free of debris,
dust, mud, and trash. Parking areas shall be used only for the purpose of parking
vehicles. Where Landscaping is provided within or along any parking area, such
areas shall be maintained and provided with permanent underground, automated
irrigation systems. Striping, marking, direction signs,lighting, screening and all other
improvements required by this Section shall be adequately maintained.
V-13 Chapter 26. Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
(q) Reduction in Requited Parking Spaces. The required number of off-
street Parking Spaces may be reduced by Outdoor Storage and Activities if a parking
demand study, prepared by a Califorrua-licensed traffic engineer or other qualified
professional, is completed specific to the project site and the Permitted Use, and
farther provided that the study finds that the project site has excess Parking Spaces
beyond the Permitted Use's need; such study must he approved by the Director.
Where required off-street parking is reduced to allow for Outdoor Storage and
Activities, Outdoor Storage and Activities shall only occupy surplus off-street
parking in the amount indicated by the parking demand study, and only so long as
the actual parking need for the Permitted Use as identified in the parking study
continues to be met. No Buildings or Structures shall be constructed in the approved
Outdoor Storage and Activities areas that are replacing required off-street Parking
Spaces. Any approved parking reduction shall apply only to the specific Permitted
Use located on the property and analyzed in the parking demand study. Any
subsequent or new use or tenant on the subject property shall not be permitted to
utilize the area dedicated to Outdoor Storage and Activities unless a new and project-
specific parking demand study is prepared as stipulated in this Section 26.5.1-6(q),
"Reduction iin Required Paddng Spaces,"and approved by the Director.
Sec. 26.5.2. Street Dedication and Fee €�� Improvements.
In connection with the issuance of a building or other permit, Conditional Use Permit, Minor
Conditional Use Permit, Variance, or Development Agreement, the Director of commuflits Sen-
Mryis authorized to require that the owner of a Lot or parcel of land that adjoins a Street dedicate a.
portion of the land for a Right-of—way in accordance with the planned future ultimate width of a
street as shown on the Master Plan of Streets, and make or pay for related street improvements, or
both.
Sec. 26.5.3. Legal Nonconforming Status.
Within the I Zone and Overlay Zones established by this Chapter, uses, Buildings, Ancillary
Structures, and Lots may exist that do not comply with the requirements of this Chapter. Such non-
compliance may include uses that are not permitted or are not permitted in a particular location, or
€a4tb-eproperties that fad to comply with Development Standards or Site Planning Standards. This
Section 26.5.3 permits such kTA aaaeoafamimg stavwJegal Nonconforming Status to continue
only in conformity with the terms set forth in this Section 26.5.3*ad-3, "Legal Nonconforming
Status," and in Table 26.5.3-3;, "Right to Continue Nonconforming Uses and Buildings"; provided,
however, that nothing set forth in this Section 26.5.3, "Legal Nonconforming Status," or in Table
26.5.3-3, "Right to Continue Nonconforming Uses and Buildings," permits the continued violation
of any Development Standard described in Section 26.4.1-67(a) or the continued violation of any
Development Standard described in Section 26.4.1-67(b) following a Change of Use.
Nonconformity with Section 26.4.1-67(a) and 26.4.1-67(b) must be corrected or cease as set forth in
those SeetionSections. Other legal Nonconforming Uses and Legal Nonconforming Buildings or
Standards are permitted to remain, unless and until the occurrence of one of the events set forth in
Table 26.5.3-3., "Right to Continue Nonconforming Uses and Buildings," or the expiration of the
"Legal Nonconforming Building and Use" as set forth in Section 26.5.3-2. In the case of an event
described in Table 26.5.3-3, "Right to Continue Nonconforming Uses and Buildings," the
nonconforming status must comply with the requirements set forth in Table 26.5.3-3., "Right to
Chapter 26.Comprehensive Zoning Ordinance V-14
Article V.Regulations Applicable to the I Zone and Overlay Zones.
Continue Nonconforming Uses and Buildings." The existence of Legal Nonconforming Buildings
or Standards or the existence of a Legal Nonconforming Use shall not be used as a basis or
justification for adding other structures or uses prohibited elsewhere in the same Zone or Overlay
Zone.
V-15 Chapter 26.Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
Sec. 26.5.3-1. Restrictions on Nonconforming Buildings and Uses.
(a) There shall be no increase in the Floor Area or square footage used for Legal
Nonconforming Uses.
(b) An existing Building or a portion of an existing Building containing a conforming
use at the effective date of this Ordinance cannot be converted to a nonconforming
use.
(c) A nonconforming use shall not be converted to another nonconforming use.
(d) There shall be no decrease in the parking, loading, or maneuvering capacities as they
exist as of the date of this Ordinance if such decrease would either make conforming
capacities non-conforming or would decrease capacities of an already non-
conforming Lot-, unless a parking reduction is approved pursuant to Section 26.5.1-
6(q),"Reduction in Required Parking Spaces."
Sec. 26.5.3-2. Expiration ofLegal Nonconforming Building and Use.
(a) Compliance with the provisions set forth in Table 26.5.3-3, "Right to Continue
Nonconforming Uses and Buildings," is required if more than twenty-five percent
(25%) of the Floor Area of a nonconforming Building is vacant for a continuous
period of at two (2) years or more.
(b) A Building or portion of a Building shall be considered vacant for purposes of this
Section when the Building or portion thereof is not legally occupied and used for its
Permitted Use. For these purposes, legally occupied means that the owner or
occupant possesses all necessary certificates and permits from the City, including,
without limitation, a Certificate of Occupancy and business license, and there is an
ongoing physical use and Occupancy for the intended purpose.
(c) The running of the two (2) year time limit shall not be tolled (suspended) except by
the Director of Goftwmmkity6erviee under the circumstances described in sections (1)
through (5) below, and only if a delay in re-occupying a Building results from the
following circumstances: (i) the Building is undergoing repairs or renovation,
whether voluntary or as a result of Force Majeure; (ii) the owner or occupant is
investigating or testing hazardous materials, or developing a remediation plan, or
remediating or removing any hazardous material (as defined in federal and state laws
and regulations); or (iii) the owner is denied possession of or access to the Building
by an occupant or former occupant (including as a result of a court proceeding or
order). The Director of Geft-imeno Serviee, will not toll the two year time limit,
except if one of the circumstances described in clauses (i), (ii), and (1) of this Section
is applicable,and under the following additional circumstances:
(1) Not later than sixty (60) days prior to the expiration of the two year period of
vacancy, the property owner or his authorized representative must apply to
the Director of t- es for an extension of the two year time
trout.
Chapter 26.Comprehensive Zoning Ordinance V-16
Article V.Regulations Applicable to the I Zone and Overlay Zones.
(2) The application shall be made on a form provided by the Director of
and shall contain such information as the Director deems
necessary to render a determination.
(3) The Director 4 Eerit- Services shall determine the amount of time
reasonably required to complete the work, taking into account the reason for
the delay, the size of the project, and the amount of time typically required
for completion of similar projects.
(4) The construction, renovation, or investigation and remediation must be
undertaken in a continuous and diligent manner, without delays or work
stoppages.
(5) Upon completion of the work, the time so determined by the Director of
Gomffi��Pv Service -shall be subtracted from the calculation of the period of
time a Building has been determined to have been vacant under paragraph (a)
of this Section.
(d) If an owner disputes the determination of the Director of GewLrrwfi4v Servi eg that at
least 25% of the Floor Area of a nonconforming Building has been vacant for a
continuous period of at least two (2) years, the owner shall have the right to appeal
such decision in accordance with Section 26.6.64-7-5,"Appeals."
(e) Outdoor Activities and Storage that do not comply with the terms of Section 26.4.1-
67(a)(3)(v) constitute a legally nonconforming usage, and may be continued to the
same degree as in existence as of the effective date of this Ordinance for at period ef
until January 1, 2020, but may not
be increased during that period. sA44ain
9rdinaneeAfter January 1, 2020, all Outdoor Storage and Activities (excluding
operational equipment used in the business located on the Lot) whose location
reduces the parking, loading, or maneuvering areas on a Lot to a number below that
required pursuant to this Chapter must be removed-,in order to increase to the extent
possible the available parking, loading, and maneuvering areas on a Lot.
Alternatively, a parking waiver reduction may be requested pursuant to Section
26.5.1-6(p),"Reduction in Required Parking Spaces."
V-17 Chapter 26.Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
I?T!_HT TO CON TIN YL' 1\ill Ar! ATFIIDMING USES AND B I T1TAF!'C
EVENT THAT TPJGGERS Table
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
DE%TLO BUILDING GOD
I �
Event That STAN
Triggers SiTF
DS AN
Compliance
v rrcz.-prai
uSriSRe uired Compliance s
Conformity
"waua
Developme
nt
Standards
and Site Conformity with the City's
Conformity with Use Requirements Planning Building Code and the
Standards California Building Standards
(Including Commission
Parldng,
Access,
and
Maneuveri
Over 25% of Uses within the portion of the Prior to the Prior to the use of the
the Building is Building that was vacant for over two use of the portion of the Building that
vacant for more years must be Permitted Uses in portion of was vacant for over two
than Two Years accordance with this Chapter. the Building years, the peraen of the B"
[&Ae�subject that was
to tolling vacant for yeamproposed use must
permitted in over two comply with the change of
Section 26.5.3- years, the use requirements of the
2(c)]. entire Lot Existing Structures Chapter
on which of the City's current Building
the Building Code and relevant sections
is located of the California Building
must Standards Commission.
comply with
all
Developme
nt
Standards
Chapter 26.Comprehensive Zoning Ordinance V-18
Article V.Regulations applicable to the I Zone and Overlay Zones.
EXTENT THAT TRIGGERS S !`OAIPr I A NCETable REQUIRED COMP16L04GE
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
BRALELO BUILDING CODE
k-�N�
Event That STOif)
Triggers DS ANP
Compliance S
LNG
STIAN
US&SRe uired Compliance 1AS
Conformity
with
Developme
nt
Standards
and Site Conformity with the City's
Conformity with Use Requirements Planning Building Code and the
Standards California Building Standards
(Including Commission
Parking,
Access,
and
Maneuveri
)
and Site
Planning
Standards in
accordance
with this
Chapter.
IF THE ABOVE EVENT OCCURS, IT TAKES PRECEDF-NCE OVER ANY OTHER EVENT,
AND THE NONCONFORMITY MUST CONFORM AS SET FORTH ABOVE. IF ONE OF
THE FOLLOWING EVENTS OCCURS IN THE ABSENCE OF THE ABOVE DESCRIBED
EVENT, THE NONCONFORMITY SHALL COMPLY WITH THE FOLLOWING
PROVISIONS:
Increase in the Floor Area of a Building that does not All uses on The Lot New
constitute New Construction or a Major Alteration or the Lot must construction
Repair roust be comply with must comply
Permitted all with the City's
Uses, Developme current
Conditionall nt Building
y Permitted Standards Codeand
Uses, or and Site relevant
Temporary Planning sections of
Permitted Standards in the California
Uses in accordance Building
V-19 Chapter 26. Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
EVENT THAT qPPJGGERS Table
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings +
f
Event That &TIAND
Triggers B
Compliance
l?1;APOiPiG
STAND
usrigRe uire_d Compliance DS
Conformity
with
Developme
nt
Standards
and Site Conformity with the City's
Conformity with Use Requirements Planning Building Code and the
9 Standards C:a'utc nun, Building Standards
(Including Commission
Parldng,
Access,
and
Maneuveri
accordance with this Standards
with this Chapter, Commission. .
Chapter. except that Existing
the Lot construction
does not that is
have to unreinforced
comply with masonry must
the Building comply with
Setback Article IX
requirement Existing
s in Section Building Code
26.4.1-8(c), of Chapter 24,
"Building `Building and
Setback," so Construction,
long as the " of the Code
increase in (concerning
Floor Area seismic
does not requirements),
encroach and relevant
into the sections of
Building the California
Setback Building
Chapter 26. Comprehensive Zoning Ordinance V-20
Article V.Regulations Applicable to the I Zone and Overlay Zones.
L'17ENT THAT T'DI!_!_ERS !`llMP I A NGETable
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
DEXELOP BUILDING CODE
,N
CTCT 1
Event That INDA
IDS ,,,Tr,
Triggers SIPF
Compliance PLAWNING
&T-ANDr
tom__sRe uired Compliance 09
Conformity
with
Developme
nt
Standards
and Site Conformity with the City's
Conformity with Use Requirements Planning Building Code and the
Standards California 13"ding Standards
(Including Commission
Parking,
Access,
and
Maneuveri
area. Standards
Commission.
Change of Use to a category that has greater parking, Not The Not
maneuvering,or loading requirement. applicable. parking, applicable..
maneuverin
g,and
loading
capacities
on the Lot
on which
the use has
changed
must
comply with
all of the
requirement
s of Section
26.5.1,
"Off-Street
Parking and
Loading
Facilities."
V-21 Chapter 26. Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
EVENT THA-T TRIGGERS nnnrrrucr GQ&PrreTw
Table _�.�___�_ �__.....____.v—
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
DENT;r nn BUILDING COE)
MEN
Event That STAND
Triggers
Compliance R
P60iNING—
U&F�sRe uired Compliance D
Conformity
with
Developme
nt
Standards
and Site Conformity with the City's
Conformity with Use Requirements Planning Building Code and the
Standards California Building'tandard-
(Including Commission
Parking,
Access,
and
Maneuveri
Minor Alteration or Repair Uses Not New
permitted required to construction
on the Lot bring the must comply
on the date Lot into with the City's
of the compliance current
Minor with the Building
Repair may Developme Codeand
continue_ nt relevant
Standards section of the
or Site California
Planning Building
Standards Standards
of this Commission.
Ordinance. Existing
construction
that is
unremforced
masonry must
comply with
Article IX
Existing
Building Code
Chapter 26.Comprehensive Zoning Ordinance V-22
Article V.Regulations Applicable to the I Zone and Overlay Zones.
EVENT THAT T-PUGGERS Table
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
Event That
Triggers Ds B
Compliance SF1-T±
PLANNDiG
STAND
usrsRe uired Compliance DS
Conformity
with
Developme
nt
Standards
and Site Conformity with the City's
Conformity with Use Requirements Planning Building Code and the
Standards California Building Standards
(Including Commission
Parking,
Access,
and
Maneuveri
- -- )
of Chapter 24,
`Building and
Construction,
"of the Code
(concerning
seismic
requirements)
and relevant
sections of
the California
Building
Standards
Commission.
V-23 Chapter 26. Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
EVENT THAT TRIGGERS Table
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
]D VE On BUILDING GOD
MEN
� Event That ST-A�iD�B
Triggers
Compliance PLANN04G
STAND
U&&sRe uired Compliance 1S
Conformity
with
Developme
nt
Standards
and Site Conformity with the City's
Conformitywith Use Requirements Planning Building Code and the
9 Standards Calitorma- Building Standards
(Including Commission
! Parking,
Access,
and
Maneuvers
New Construction or Major Alteration or Repair that is All uses on The Lot Entire
Voluntary the Lot must Building
must be comply with being
Permitted all constructed
Uses, Developme or altered or
Conditional] nt repaired must
y Permitted Standards comply with
Uses,or and Site the City's
Temporary Planning current
Permitted Standards in Building Code
Uses,in accordance and relevant
accordance with this sections of
with this Chapter, the California
Chapter. except that Building
the I-ot Standards
does not Commission..
have to
comply with
the Building
Setback
requirement
s in Section
Chapter 26.Comprehensive Zoning Ordinance V-24
Article V.Regulations?applicable to the I Zone and Overlay Zones.
EVENT THAT TRIGGERS Table
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
W—; C-:):p BUU=9PiG GOD
MEN
Event That STAN
Triggers DS AND
SITE
Compliance PLANNRiG
Us isRe uired Compliance is
Conformity
with
Developme
nt
Standards
and Site Conformity with the City's
Conformity with Use Requirements Planning Building Code and the
Standards California Builduig Standards
(Including Comrrussion
Parking,
Access,
and
Maneuveri
ng)
26.4.1-
8(c),"B"di
ng
Setback,,' so
long as the
New
Constructio
n does not
encroach
into the
Building
Setback
area.
Major Alteration or Repair that is due to Force Majeure Uses If Entire
permitted improveme Building
on the Lot nts have not being altered
on the date commenced or repaired
of the Force within one must comply
Majeure (1) year of with the City's
Event may the force current
continue. majeure Building Code
event, the and relevant
V-25 Chapter 26.Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
EVEN4 THAT TRIGGERS Table
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
s
_.
Event That
Triggers DS ANB
Compliance SiTE
PLANNING
STAN
USESRe uired Compliance DS
Conformity
with
Developme
nt
Standards
and Site Conformity with the City's
Conformity with Use Requirements Planning Building Code and the
Standards California Budding Standards
(Including Commission
Parldng,
Access,
and
Maneuveri
ng)
Lot must sections of
comply with the California
all Building
Developme Standards
nt Commission.
Standards
and Site
Planning
Standards in
accordance
with this
Chapter,or,
if none exist
for such
use,then as
required by
a
Conditional
Use Permit.
Further, if
constructio
Chapter 26.Comprehensive Zoning Ordinance V-26
Article V.Regulations Applicable to the I Zone and Overlay Zones.
EVENT THAT TRIGGERS !`lIMP I A NCETable REQUIRED GOMPUA44GE
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
DE-VCT OP BUILDING GODE
M N
Event That STAND
Triggers DS B
Compliance nr ,,
CT'Am�a�c
USEsRe aired Compliance
Conformity
1 with
Developme
nt
Standards
and Site Conformity with the City's
Plannin Building Code and the
Conformity with Use Requirements j g
Standards Califoriva Budding Standards
(Including Cornnvssion
Parinng,
Access,
and
4 Maneuveri
� n
commences
within one
(1) year of
the force
tnajeure
event, then
the Building
may be
constructed
as it existed
prior to the
event,
except that
no portion
of the
Building
shall be
constructed
within any
Street right-
of-way as
V-27 Chapter 26. Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
EVENT THAT TRIGGERS Table REQUIRED GOMPLh0i
26.5.3-3
Right to Continue Nonconforming Uses and
Buildings
rictrcr nnBUILDING CODE
�vr
I
Event That STAND
Triggers DS B
Compliance �G
� Re uired Compliance 13S
Conformity
with
Developme
nt
j Standards
and Site Conformity with the City-s
Planning Building Code and the
Conformity with Use Requirements
Standards (-alifornia Building Standards
j (Including Commission
Parking,
Access,
and
Maneuveri
shown on
the Master
Plan of City
Streets.
ABOVE- 1F ONE OF T-14H FOLLOIXqNG EVENTS OCCURS N THE ABSENCE OF
RVEN4L, AND 444E NONCONFORMITY MUST CONFORM AS SET FORTH
Chapter 26.Comprehensive Zoning Ordinance V-28
Article V.Regulations Applicable to the I Zone and Overlay Zones.
EVENT Tu THAT TRIGGERS REQUIRED GGNIPLL0jGE
�
GOA i P i A NG
USES
cDE TE 1117T� E T BUILDING CODE
OiA AT T 7"�i7�
-Irr DARDS TrND
SITE P A ATATTA G
STANDARDS
Ii-..-..eas in the Floor ,krea of Alluses ati inust eewxpNew cons
MUIA
1 J `
Rep with this aecer-daanee Nxith— this is unreifir reed ma—,errs
to eomply with the Code (eonce
Floor Area- does✓ Tie£
, .
use has ch*ftged mtts
New eeftswdetieft mu
on she i o the Lot inEa eamply with the City's
the dftfe^
S`"ftditrds of
this Ordinaffee.
New Gongtruction or NI&ittf AN uses aft die The Lot must camp�- Entire Building b
Alteration or Repair tho Lot must be with A Dev=eloptnent eonstrueted
Vetunt n- rermdtEedUses Standards dnll S-41c repaired must eonvly
iix
with this fkeee rdaf3e2--w34t 4iis
TT T� D AT>J T Onr,Rl✓NT BUILDING GODE
STANDARDS AND
D7TlT �r
SITE; nr A 1.T1. FNG
V-29 Chapter 26. Comprehensive Zoning Ordinance
Article V.Regulations Applicable to the I Zone and Overlay Zones.
E TENT THAT TRIGGERS ERS
GONIP T A ATG
Major Alteration or Rep*t*r Uses permitte 4:1-,e hot must eamp Efifire Buikling beffi' g
that is due to Foree Majetite oft the Lot oft with ah Development akered or repaired ffm9f
the date of the SfRadffrds itnd Site eornpl� with the Gity��
EBntift E- Chapter, at, if no-a
effist �r;qr sech ugc
then as required by
GoiidiEtaaal le
�F
i
Chapter 26.Comprehensive Zoning Ordinance V-30
1
Article VI. Special Regulations and Procedures.
Article Vl. Special Regulations and Procedures.
VI
Sec. 26.6.1. Purpose.
To ensure the achievement of the goals and purposes of this Chapter without creating undue
hardships, and to protect the health, safety, and public welfare, the following regulations and
procedures are established for Variances, Conditional Use Permits, ,
Minor Conditional Use Permits, Temporary Use Permits, zoning
ordinance text and map amendments, interpretations; and minor exceptions-, Development
Agreements,and Reasonable Accommodation.
Sec. 26.6.2. Variances.
Sec.26.6.2-1. Justifications for Variances and Limitations on Variances.
(a) Special Circumstances. Variances from the terms of this Chapter shall be granted
only when, because of special circumstances applicable to a Lot, including size,
shape, topography, location, surroundings, or other conditions, strict enforcement of
the Development Standards or Site Planning Standards deprives such Lot of
privileges enjoyed by other property in the vicinity and under the identical zoning
classification. Variances are not terminated automatically upon transfer of the Lot
for which they have been granted,but are subject to expiration as set forth in Section
26.6.2-8, `PIime Requirements for Use of Variance," and revocation or modification
as set forth iti Section 26.6.2-9-, "Revocation of Variance." If the granting or denial
of a Variance is subject to CEQA, the time periods for any notice, response, or
action shall comply with the time frames established by CEQA, notwithstanding any
time periods set forth in this Section 26.6.2- 1 ::
(b) Conditions. Any Variance granted shall be subject to such conditions that will
ensure that the authorized exception does not constitute a grant of special privileges
inconsistent with the limitations imposed on other properties in the same Zone or
Overlay Zone. The City Council may impose conditions on the Variance to address
any pertinent factors affecting the Lot or the establishment, operation, or
maintenance of any requested improvement, including, but not limited to the
requirement that the applicant comply with any one or more of the following
conditions:
(1) -Installation of buffer areas, fences, or walls;
(2) Installation of parking facilities, and surfacing of parking areas and driveways;
(3) Dedication of a portion of the land for a Right-of-way;
(4) Making or paying for related street improvements; and
(5) Implementing or using the Variance within a specified period of time.
V1_1 Chapter 26.Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
(c) Requited Permitted Use. A Variance shall not be granted for a Building in which
the use is not a Permitted Use.
Sec.26.6.2-2. Application and Fee. An application for a Variance shall be made by the property
owner or authorized agent to the Department of Public Works,Water, and Development
Services, on a form provided for that purpose by the City, and shall be accompanied by a filing fee
in an amount established by resolution of the City Council. The City may retain, at the applicant's
expense, consultants to study the impacts of the proposed operation on the surrounding properties.
An application for a Variance shall consist of a completed Variance Forni and (lie following
attachments:
(a) A plot plan which shall show, as may be applicable to permit informed
consideration of the request, the surrounding land uses; the location and dimensions
of all b"WiagsBuildings; the location and dimensions of all off-street parking,
loading, and storage facilities; the location and width of ingress and egress points to
the Lot; and the location and dimensions and turning radii of all parking and loading
areas.
(b) A floor plan, if applicable, of the building or buildftWBwldings showing interior
features affected by the requested Variance.
Sec.26.6.2-3. Notice ofPublic Hearing. Following presentation of a completed application to the
1)cpattment of tyPublic Works, Water, and Development Services, the City Clerk shall set
the matter for public hearing to be held not less than ten (10) days or more than sixty (60) days from
the date of notice. The City Clerk shall give notice thereof in the manner provided in paragraph (a)
. nd (b). The notice shall set forth
the date, time, and place of the public hearing; the identity of the hearing body or officer; a general
explanation of the matter to be considered; and a general description, in text or by diagram, of the
location of the Lot that is the subject of the hearing.
(a) By mailing notice, containing the same information as the published or posted
notice, not less than ten (10) days prior to the date of the hearing to:
(1) The owners of all property within a radius of three hundred (300) feet from
the Lot for which a Variance is requested, using for this purpose the last
known names and addresses of such owners as are shown on the last
equalized assessment roll of Los Angeles County;
(2) The owner of the subject Lot or the owner's duly authorized agent;
(3) Any Person who has filed a written request for such notice with the City
Clerk (in which case the City may charge a fee that is reasonably related to
the costs of providing this service and may require each request to be
annually renewed);
(4) The project applicant;and
Chapter 26. Comprehensive Zoning Ordinance VI-2
Article VI.Special Regulations and Procedures.
(5) Each local agency expected to provide water, sewage, streets, schools, or
other essential facilities or services to the Lot, if the ability to provide the
facilities or services may be significantly affected; and
")—By publishing a notice in a newspaper designated by the City Council for that
purpose. Said newspaper shall be a local newspaper if there be one;otherwise,a newspaper of
general circulation covering the City of Vernon shall be designated. The notice shall be published
one time at least ten (10) days prior to the date of the hearing;or
+ey(b) By by posting a notice in three of the most public places in the City of Vernon, to
wit: the northwest comer of 38`h Street and Santa Fe avenue; the northeast corner
of Leonis Boulevard and Pacific Boulevard; and on the bulletin board outside of the
lobby of the City Hall of said City, located at 4305 Santa Fe Avenue,all in the City of
Vernon, County of Los Angeles, State of California. Said notice shall be posted not
less than ten (10) days before the date set for the hearing.
Sec.26.6.2-4. Public Heating, Action of the City Council If, from the facts presented at the
public hearing or by an investigation at the instigation of the City Council, the City Council makes
the findings required in Section 26.6.2-5, "Finding and Decisions by Resolution," herein and finds
that such Variance or modification thereof should be granted, the City Council may grant the
requested Variance in whole, or in part, and upon such terms and conditions as the City Council
may deem proper to preserve the public health, safety, convenience, and welfare and the general
intent and purpose of this Chapter. The City Council shall make its decision on said application
within thirty (30) days after the conclusion of any hearing held thereon, unless a waiver of this time
requirement is provided by the applicant.
Sec. 26.6.2-9. 17rr:ance Findings and Decision by Resolution The City Council shall announce
its findings and decision by written resolution. The resolution shall recite, among other things, the
facts and reasons which, in the opinion of the City Council, make the granting or denial of the
Variance necessary to carry out the provisions and general purpose of this Chapter, and shall order
that the Variance be granted or denied, with such conditions as are found necessary to protect the
public health, safety, and general welfare, and Hn5,,ur! ensure compliance with the provisions of this
Chapter. The Variance shall not be granted unless all of the following findings have been made:
(a) There are special circumstances pplicable to the Lot, or the intended tig
of he ;- such as its size, shape, topography, location-, 9hape, 9i2e, or surroundings;
or tepaMphy that do not apply generally to other properties in the same Zone erand
any relevant Overlay Zone.
(b) The striet or liter_° :_....__etaEi8_ ---Because of the special circumstances applicable to
the I-.ot, the strict application of the applicable Development Standards or Site
Planning Standards would result in pmetiea4 diffiet&-- or -....eeess"y hardship-9
deprive
applieafitthe Lost of privileges granted teenjoyed by others ..
VI-3 Chapter 26.Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
(c) The granting of the Variance will not constitute a grant of special privilege
inconsistent with the limitations on other properties in the same Zone '�'Vany any
relevant Overlay Zon .
(d) The project is consistent with the General Plan and complies with other applicable
provisions of this Chapter.
(e) The Variance will not be materially detrimental to the public health, safety, or
welfare, or to the interests of Sher-residents and property owners
within +e-vieii�-
4nearby the Loth.
(f) The Variance approval places suitable conditions on the Lot to protect
su,-retmd4tgn earby properties
The use is permitted or conditionally permitted in the Zone e"nd any relevant
Overlay Zone
(t4 h For a Variance approving a Floor Area Ratio greater than 2:1, the following
additional findings shall be required:
(1) The strict application of the ratio to industrial facilities with extensive
conveyors, silos, towers, tanks, and related features makes the floor area
limitation inappropriate;and
(2) The proposed Buildings or Ancillary Structures will not adversely affect the
ability of the City to provide public services and utilities to the Lot;and
(3) Surrounding Streets and major Streets providing access to the Lot are
adequate to accommodate the intensity of development proposed as
established by traffic studies or other studies required by the City.
Sec.26.6.2--6. Notice of Decision Not later than ten (10) business days following the rendering of
a decision ordering that a Variance be granted or denied, a letter shall be mailed to the applicant at
the address shown on the application filed with the City Council stating the decision of the City
Council. If a resolution of the City Council orders that the Variance be granted, it shall also recite
such conditions and limitations as the City Council may impose. The resolution of the City Council
announcing its findings and determination after the hearing on an application for a Variance shall
become a permanent record in the files of the City Clerk.
Sec.26.6.2-7. Effective Date of Order Giantrng or Denying a Variance. The order of the City
Council in granting or denying a Variance shall become final and effective on the date of the
adoption of the resolution.
Sec.26.6.2-8. Time Requirements for Use of Variance. Any Variance approved by the City
Council shall expire and become null and void if:
(a) There is ono evidence of substantial use of the rights and privileges granted by the
Variance within one (1) year from the date on which the Variance was granted; or
Chapter 26. Comprehensive Zoning Ordinance VI-4
Article VI.Special Regulations and Procedures.
(b) The use for which the Variance was granted has ceased to exist or has been
suspended for at least one hundred twenty (120) continuous calendar days.
If an application for an extension of the above time requirements is filed prior to the expiration of
the applicable time requirement, the City Council may grant one extension of time, not to exceed
one year from the time limit specified, without a public hearing. Any additional request for an
extension of the time limit shall be treated as a new application for a Variance.
Sec.26.6.2--9. Revocation of Ate of Variance.
(a) Notice of Public Heating. Following receipt of a recommendation from the
Director ar niK- Serviee that the Variance be revoked, the City
Clerk shall set the matter for public hearing to be held not less than ten (10) days nor
more than sixty (60) days from the date of notice. The City Clerk shall give notice
thereof in the manner provided in Section 26.6.2-1, "Conditional Use Permit." The
City Council may by resolution revoke any Variance ,
based upon the determination that the
improvement authorized by the Variance has become detrimental to the public
health, safety, or general welfare, or the manner of operation constitutes or is
creating a nuisance,based on any one of the following findings:
(1) The circumstances under which the Variance was granted have been changed
by the applicant to the extent that one or more of the findings contained in
the original Variance can no longer be made in a positive manner, and the
public health, safety, and general welfare require the revocation or
modification;
(2) The use or business for which a parking or maneuvering Variance was
granted has been changed to the extent that one or more of the findings
contained in the original Variance can no longer be made in a positive
manner, and the public health, safety, and general welfare require the
revocation or modification;
(3) The Variance was issued, in whole or in part, on the basis of a
misrepresentation or omission of a material statement(s) in the application or
in the applicant's testimony presented during the public hearing for the
Variance;
(4) One or more of the conditions of the Variance have not been substantially
fulfilled or have been violated; or
(5) The improvement authorized by the Variance is in violation of any code, law,
ordinance, regulation, or statute.
(b) Findings. The City Council shall render written findings setting forth reasons for
revoking or modifying the Variance.
(c) Notification If the Variance is modified or revoked, notification of the City
Council action shall be mailed to the owner of the subject Lot or the owner's by the
VI-5 Chapter 26. Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedures.
City Clerk and shall include a copy of the City Council resolution specifying the
reasons for the revocation or modification of the Variance.
Sec.26.6.2-10. Previously Granted Valiance. Any Variance granted pursuant to any zoning
ordinance enacted prior to the effective date of this Ordinance shall be construed to be a Variance
under this Chapter subject to all conditions imposed thereunder. Such Variance may, however,
expire, as provided in Section 26.6.2-8, "Development Agreement," or be modified or revoked as
provided in Section 26.6.2-9 Reasonable Accommodations.
Sec. 26.6.3. Conditional Use Permit.
The City Council shall have the authority, subject to the provisions of i_i= Chapter, to grant a
Conditional Use Permit whenever it finds the granting of a Conditional Use Permit is consistent
with the requirements, intent, and purpose of this Chapter. The purpose of a Conditional Use
Permit is to allow proper integration of uses into the community which may only be suitable in
specific locations or designed and constructed in a particular manner or under certain conditions.
Conditional Use Permits are not automatically terminated upon transfer of the Lot for which they
have been granted,but are subject to expiration as set forth in Section 26.6.3-7,"Time Requirements
for Use of Conditional Use Permit" and modification or revocation as set forth in Section 26.6.3-9.,
"Revocation or Substantial Modification of Conditional Use Permit," and Section 26.6.3-10,
"Conditional Use Permit — Minor ModiFca.tion." If the granting or denial of a Conditional Use
Permit is subject to CEQA, and the time periods for any notice, response, or action set forth in
Section 26.6.3, "Conditional Use Permit," are inconsistent with the time periods required by CEQA,
then the time periods shall be those necessary to comply with
- EQ A.
Sec.26.6.3-1. Application and Fee. Application for a Conditional Use Permit shall be made by the
property owner or authorized agent to the Department of Ge mmityPublic Works, Water, and
Development Services, on a form provided for that purpose by the City, and shall be accompanied
by a filing fee in an amount established by resolution of the City Council. The City may retain, at
the applicant's expense, consultants to study the impacts of the proposed operation on the
surrounding properties. Application for a Conditional Use Permit shall consist of a completed
Conditional Use Permit Form and the following attachments:
(a) A plot plan which shall show the surrounding land uses; the location and
dimensions of all Buildings and structures; and the location and dimensions of all
off-street parking, loading, and storage facilities. The plot plan shall show areas for
proposed Outdoor Storage and Activities, including areas proposed for vehicle
washing or maintenance and repair; equipment; outdoor storage; the location and
height of all fences,walls, screens, or landscaped areas in relation to the operation of
the proposed use; the location and width of ingress and egress points to the Lot; the
location and dimensions and turning radii of all parking and loading areas; and
proposed truck routes through the City.
(b) A floor plan showing:
(1) The proposed location for all interior walls and all major equipment; and
Chapter 26. Comprehensive Zoning Ordinance VI-6
Article NT Special Regulations and Procedures.
(2) The areas proposed for storage, use, or processing of explosive, toxic,
infectious, or hazardous materials (as defined in federal and state laws and
regulations), and the facilities and equipment to protect and contain or
suppress accidents or fires involving said materials.
(c) An operations plan describing in detail each function of the proposed use, the
hours of operation, and any impacts to adjoining properties.
(d) A traffic study showing the maximum number of vehicles traveling daily to and
from the Lot, the approximate times vehicles will enter and exit the Lot, the number
of Parking Spaces that will be required, the available maneuvering
space, and the normal routes the vehicles would be expected to take to and from the
Lot. The Director may request additional information and
studies concerning impacts on the level of service of Streets that may be caused by
traffic to and from the Lot.
(e) An environmental checklist describing potential impacts to the environment and
neighboring properties.
Sec.26.6.3-2. Notice of Public Heating. Following presentation of a completed application to the
Department of EBmmenkyPublic Works, Water, and Development Services, the City Clerk shall set
the matter for public hearing in not less than ten (10) days nor more than sixty (60) days, and shall
give notice of the time and place of the hearing and the information concerning the subject matter
and purpose of the meeting in the manner described in Section 26.6.2-1, "Non-cc of Public
Heanmg.
Sec.26.6.3-3. Public Heating, Action of the City Council If, from the facts presented at the
public hearing or by an investigation at the instigation of the City Council, the City Council makes
the findings required in Section 26.6.3-4, "Findings and Decisions by Resolution," and finds that
such Conditional Use Permit or modification thereof should be granted, the City Council may grant
the requested Conditional Use Permit in whole, or in part, and upon such terms and conditions as
the City Council may deem proper to preserve the public health, safety, convenience, and general
welfare, and the general intent and purpose of this Chapter. The City Council shall make its findings
and determinations upon said application within thirty (30) days after the conclusion of any hearing
held thereon,unless a waiver of this time requirement is provided by the applicant.
Sec.26.6.3-4. Findings and Decision by Resolution The City Council shall announce its
findings and decision by written resolution. The resolution shall recite, among other things, the
facts and reasons which, in the opinion of the City Council, make the granting or denial of the
Conditional Use Permit necessary to carry out the provisions and general purpose of this Chapter,
and shall order that the Conditional Use Permit be granted or denied. The Conditional Use Permit
shall not be granted unless all of the following findings have been made:
(a) The Lot for the proposed use is adequate in size, shape and topography, including
any required drainage and landscaping;
V1-7 Chapter 26.Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
(b) The proposed use will bent have a material adverse effect on the public;
(c) The proposed use is compatible with the Permitted U9 xi sting authorized uses of
surrounding and adjacent properties;
(d) The Lot has adequate off-street parking and loading facilities, and vehicle
maneuverability for the proposed use;
(e)--The u*e,-a"a-location,operation and design; for the proposed use is consistent with
the generg-p6nGeneral Plan, any applicable specific plan and the zoning regulations of the City-of
(e) ;
{t} The use is consistent with all applicable federal, state, and local
laws,rules and regulations;
(g) The proposed use ve a significant adverse impact on the
general welfare as a result of noise, increased traffic, interference with the flow of
traffic, r dust;and
(h) The conditions s -ir�apphed to the deeissierrperrnit are deemed necessary to protect
the public health, safety,and general welfare.
Sec.26.6.3-9. Notice ofDecision. Not later than ten (10) business days following the rendering of
a decision ordering that a Conditional Use Permit be granted or denied, a letter shall be mailed to
the applicant at the address shown on the application filed with the City stating the decision of the
City Council.
Sec.26.6.3-6. Effective Date of Order Granting or Denying a Conditional Use Permit. The
order of the City Council in granting or denying a Conditional Use Permit shall become final and
effective on the date of the adoption of the resolution.
Sec.26.6.3-7. Time Requirements for Use of Conditional Use Permit. Any Conditional Use
Permit approved by the City Council shall expire and become null and void if-
(a) There is - --=:'o evidence of substantial use of the rights and privileges granted by the
Conditional Use Permit within one (1) year from the date on which the Conditional
Use Permit was granted; or
(b) The use for which the Conditional Use Permit was granted has ceased to exist or has
been suspended for at least anethree hundred twenty (I sixty=five (365) continuous
calendar days.
If an application for an extension of the above time requirements is filed prior to the expiration of
the applicable time requirement, the City Council may grant one extension of time, not to exceed
one year from the time limit specified, without a public hearing. Any additional request for an
extension of the time limit shall be treated as a new application for a Conditional Use Permit.
Chapter 26. Comprehensive Zoning Ordinance VI-8
Article VI.Special Regulations and Procedures.
Sec.26.6.3-8. General Conditions. The City Council shall impose conditions on the Conditional
Use Permit to protect the public health, safety, and general welfare. Such conditions may, without
limitation,include:
(a) Regulation of use;
(b) Special yards, spaces, and buffers;
(c) Fences and walls;
(d) Surfacing of parking areas subject to City specifications;
(e) Dedication of a portion of the land for a Right-of-way;
(0 Making or paying for related street improvements;
(g) Regulation of points of vehicular ingress and egress;
(h) Regulation of signs;
(i) Requiring Landscaping;
0) ef-Outdoor Storage and Activities limitations or requirements;
(k) Requiring maintenance of the Landscaping and the grounds;
(1) Requiring adequate parking and loading spaces;
(m) Regulation of noise,vibration, odors, and similar concerns;
(n) Regulation of time for certain activities;
(o) Regulation 1jnt period within which the proposed use shall be implemented or
used;
(p) Duration of use; and
(q) Such other conditions as will make possible the development of the project in an
orderly and efficient manner in conformity with the intent and purposes set forth in
this Chapter.
Sec. 26.6.3-9. Revocation orModifieadenAmendrnent of Conditional Use Permit.
(a) Revocation or endment of Conditional Use Permit Following
receipt of a recommendation from the Director af Coniffntiftity Services that the
Conditional Use Permit be revoked or medi€iedamended, the City Clerk shall set the
matter for public hearing to be held in not less than ten (10) days or more than sixty
(60) days from the date of notice, and shall give notice thereof in the manner
provided in Section 26.6.2-3., "Notice of Public Hearing." The City Council may by
resolution revoke any Conditional Use Permit (or, if a revocation is not justified, the
VI-9 Chapter 26.Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
City Council may,instead, amend the Conditional Use Permit) based upon the
determination that the use authorized by the Conditional Use Permit has become
detrimental to the public health, safety, or general welfare, or the manner of
operation constitutes or is creating a nuisance, based on any one of the following
findings:
(1) The circumstances under which the Conditional Use Permit was granted
have been changed by the applicant to the extent that one or more of the
findings contained in the original Conditional Use Permit can no longer be
made in a positive manner, and the public health, safety, and general welfare
require the revocation or modification;
(2) The Conditional Use Permit was issued, in whole or in part, on the basis of a
misrepresentation or omission of a material statement(s) in the application or
in the applicant's testimony presented during the public hearing for the
Conditional Use Permit;
(3) One or more of the conditions of the Conditional Use Permit are both
feasible and have net been 9ttbstmu*11y h4fifiedintentioaaUy unFulfilled or have
beeft—violated;or
(4) The use authorized by the Conditional Use Permit is in violation of any code,
law,ordinance,regulation,or statute.
(b) Findings. The City Council shall render written findings setting forth reasons for
revoking or modifying the Conditional Use Permit.
(c) Nohr6cation If the Conditional Use Permit is revoked or modified, notification of
the City Council action shall be mailed to the owner of the subject Lot by the City
Clerk and shall include a copy of the City Council resolution specifying the reasons
for revoking or modifying the Conditional Use Permit.
Sec,26.6..E-10. Conditional Use Permit — Minor Mo&fication Whenever a practical difficulty
occurs or unforeseen circumstances arise during the course of exercising a Conditional Use Permit
issued in accordance with the provisions of this Chapter, and which may necessitate a minor
modification of such Conditional Use Permit, a Conditional Use Permit-Minor Modification may be
issued for such modification in accordance with the following provisions.
(a) Application and Fee Any owner of property for which a Conditional Use Permit
has been issued and is currently in effect, and who is desirous of a minor
modification thereof, may file with the Director an application for approval of a
Conditional Use Permit-Minor Modification, accompanied by a filing fee in an
amount established by a resolution of the City Council. The application shall set
forth and include any information as the Director may require.
(b) Qualifications for Filing. Any application filed for a minor modification that also
complies with the requirements and findings as set forth in Section 26.6.3-4,
"Findings and Decision by Resolution," of this Chapter, but which only involves a
minor modification in the site development plan, arrangement of facilities, or
Chapter 26. Comprehensive Zoning Ordinance VI-10
Article VI.Special Regulations and Procedures.
activities at the site adequate to accommodate the operation of the use of land
operating under a valid Conditional Use Permit, or any of the conditions of permit
issuance, and determination thereof has been made at the discretion of the Director,
may qualify for a Conditional Use Permit-Minor Modification.
(c) Determination, Action of the Director. The Director shall have the authority,
subject to the provisions of this Chapter, to approve a Conditional Use Permit-
Minor Modification without a public hearing; provided, however, that such
modification is in fact minor in scope and nature and only involves minor
adjustments to retain the integrity of the Conditional Use Permit. The Director shall
not approve such minor modification when a Conditional Use Pettnit has not been
issued or is not in effect. A minor modification shall not be issued if it involves the
waiver or deletion of any condition of a Conditional Use Permit unless the condition
is found to be infeasible or unenforceable due to physical, technological, or practical
constraints, as determined by the Director. The Director shall process such
application for Conditional Use Permit-Minor Modification in the following manner:
(1) Investigations. The Director, upon receipt and acceptance of an
application, shall make and cause to be made such investigations of the facts
beating upon the application what will assure appropriate disposition thereof
(2) Findings. The Director, upon conducting an inspection of the propezty
involved, upon exanunation and review of the application and investigations,
and upon ascertaining all other pertinent facts relative thereto, shall
determine whether or not the requirements for qualification have been
shown, as hereinabove set forth in Section 26.6.3-4, "Findings and Decision
by Resolution," and the application therefore qualifies for a Conditional Use
Permit-Minor Modification. The Director shall not grant a modification
unless all of the findings pursuant to Section 26.6.3-4, "Findings and
Decision by Resolution,"can be made.
(3) Option to Refer to City Councit The Director may elect to refer the
application, with or without a recommendation, to the City Council for
decision. Upon referral to City Council, all procedures associated with
hearing, action, noticing, findings, and decision shall comply with Section
26.6.3,"Revocation or Substantial Modification of Conditional Use Permit."
(4) Notice of Decision. Not later than ten (10) business days following the
rendering of a decision ordering that a minor modification be granted or
denied, a letter shall be mailed to the applicant at the address shown on the
application filed with the City stating the decision of the Director.
(51, Effective Date of Order Granting or Denying a Minor Mo&Ecatron.
The order of the Director in granting or denying a Minor Modification to a
Conditional Use Permit shall become final and effective on the date of the
signing of the notice of decision.
VI-11 Chapter 26.Comprehensive Zoning Ordinance
Article VI. Special Regulations and Procedures.
(6) Appeals. Following the City Clerk's receipt of a written appeal contesting
any action or decision of the Director that has been submitted to the City
Clerk within thirty (30) days after the date such action or decision was taken
by the Director, the City Clerk shall set the appeal for a public hearing. The
public hearing shall be held not less than ten (10) days nor more than sixty
(60) days from the City Clerk's receipt of the appeal. The City Clerk shall
give notice of the time and place of the hearing and the purpose thereof in
the manner described in Section 26.6.3-3, "Notice of Public Hearing." The
appellant may appear in person before the City Council or be represented by
an attorney, and may introduce evidence to support the claim. The appellant
shall cause to be made at his or her own expense any investigation or
research required by the City to substantiate the appellant's claim.
Sec.26.6..i-It Recommend Substantial Modffcatron. If the Director denies a Minor
Modification to a Conditional Use Permit or deems the request to be a Substantial Modification to a
Conditional Use Permit, then the original.Conditional Use Permit still applies and the applicant can
apply for a Substantial Modification of a Conditional Use Permit. A Substantial Modification of a
conditional use permit shall follow all procedures associated with hearing, action, noticing, findings,
and decision in compliance with Section 26.6.3, "Conditional Use Permit," as if it were a new
application.
a 26.613 » Sec. 26.6.3-12. Existing Uses. Uses existing on the effective date of this Ordinance
that were legally permitted prior to the effective date of this Ordinance may continue as Legal
Nonconforming Uses subject to the terms of Section 26.5.3_, "Legal Nonconforming Status."
See-.264 2 ". Sec.26.6.3-13. Previously Granted Condit{oral Use Permit Any Conditional Use
Permit granted pursuant to any zoning ordinance enacted prior to the effective date of this
Ordinance shall be construed to be a Conditional Use Permit under this Ordinance subject to all
conditions imposed in such Conditional Use Permit, subject to the terms of Section 26.5.3., "Legal
Nonconforming Status." Such Conditional Use Permit may, however, expire as provided in Section
26.6.3-7, "Time Requirements for Use of Conditional Use Permit," or be revoked or modified as
provided in Section 26.6.3-97, "Revocation or Substantial Modification of Conditional Use Permit,"
and/or Section 26.6.3-10,"Conditional Use Permit."
Sec. 26.6.4. Minor Conditional Use Permit.
Sec.26.6.4-L Authority and Purpose. The Director shall have the authority, subject to the
provisions of the Chapter, to grant a Minor Conditional Use Permit whenever the Director finds the
granting of a Minor Conditional Use Permit is consistent with the requirements, intent, and purpose
of this Chapter. The purpose of a Minor Conditional Use Permit is to allow proper integration of
uses into the community which may only be suitable in specific locations or designed and
constructed in a particular manner or under certain conditions, but are of a scale that would be less
impactful than those that may be permitted with a Conditional Use Permit. Minor Conditional Use
Permits are not automatically terminated upon transfer of the Lot for which they have been granted,
but are subject to expiration as set forth in Section 26.6.4-9, "Time Requirements for Use of Minor
Conditional Use Permit," and modification or revocation as set forth in Section 26.6.4-12,
"Modification of Minor Conditional Use Permit," and 26.6.4-13, "Revocation of Minor Conditional
Use Permit." If the granting or denial of a Minor Conditional Use Permit is subject to CEQA, the
Chapter 26.Comprehensive Zoning Ordinance VI-12
Article VI.Special Regulations and Procedures.
time periods for any notice, response, or action shall comply with the time frames established by
CEQA, notwithstanding any time periods set forth in this Section 26.6.4, "Minor Conditional Use
Permit."
Sec.26.6.4-2. Minor Conditional Use Permit - Application and Fee. Application for a Minor
Conditional Use Permit shall be made by the property owner or authorized agent to the Department
of Public Works, Water, and Development Services, on a form provided for that purpose by the
City, and shall be accompanied by a filing fee in an amount established by resolution of the City
Council. The City may retain, at the applicant's expense, consultants to study the impacts of the
proposed operation on the surrounding properties. Application for a Minor Conditional Use Permit
shall consist of a completed Minor Conditional Use Permit Form and the following attachments:
(a) A plot plan which shall show the surrounding land uses; the location and
dimensions of all Buildings and structures; and the location and dimensions of all
off-street parking, loading, and storage facilities_ The plot plan shall show areas for
proposed Outdoor Storage and Activities, including areas proposed for vehicle
washing or maintenance and repair; equipment; outdoor storage, if allowed; the
location and height of all fences,walls, screens, or landscaped areas in relation to the
operation of the proposed use(s);the location and width of ingress and egress points
to the Lot; and the location and dimensions and turning radii of all parking and
loading areas.
(b) A floor plan showing.
(1) The proposed location for aR interior wails and all major equipment;and
(2) The areas proposed for storage, use, or processing of explosive, toxic,
infectious, or hazardous materials (as defined in federal and state laws and
regulations), and the facilities and equipment to protect and contain or
suppress accidents or fires involving said materials.
(c) An operations plan describing in detail each function of the proposed use(s), the
hours of operation,and any impacts to adjoining properties.
(d) A traffic study, if required by the Director, showing the maximum number of
vehicles traveling daily to and from the Lot, the approximate times vehicles will enter
and exit the Lot, the number of Parking Spaces that will be required, the available
maneuvering space, and the normal routes the vehicles would be expected to take to
and from the Lot. The Director may request additional information and studies
concerning impacts on the level of service of Streets that may be caused by traffic to
and from the Lot.
(e) An environmental checklist describing potential impacts to the environment and
neighboring properties.
Sec.26.6.4-3. Minor Conditional Use Permit - Public Notice. Following presentation of a
completed application to the Department of Public Works, Water, and Development Services, the
City Clerk shall give notice that a Minor Conditional Use Permit is to be considered. Such notice
shall be mailed to all property owners within a three hundred (300) foot radius of the property where
VI-13 Chapter 26. Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
the Minor Conditional Use Permit is proposed. The notification shall provide a general explanation
of the matter to be considered and a general description,in text or by diagram, of the location of the
Lot that is the subject of the decision, and shall provide a comment period of not less than fourteen
(14) calendar days.
Sec.26.64-4. Minor Conditional Use Permit-Determination,Action of the Director If, from
the facts presented via public comments and by an investigation at the instigation of the Director,
the Director makes the findings required in Section 26.6.4-6, "Finding and Decisions," and finds
that such Minor Conditional Use Permit or modification thereof should be granted, the Director
may grant the requested Minor Conditional Use Permit in whole, or in part, and upon such terms
and conditions as the Director may deem proper to preserve the public health, safety, convenience,
and general welfare,and the general intent and purpose of this Chapter. The Director shall make his
findings and determinations upon said application within thirty (30) days after the application for the
Minor Conditional Use Permit is deemed complete and CEQA review has been completed, unless a
waiver of this time requirement is provided by the applicant.
Sec.26 6.4-5. Minor Conditional Use Permit- Option to Refer to City Council The Director
may elect to refer the application, with or without a recommendation, to the City Council for
decision. Upon referral to City Council, all procedures associated with hearing, action, noticing,
findings,and decision shall comply with Section 26.6.3,"Conditional Use Permit."
Sec.26.6.4-6. Minor Conditional Use Permit- Findings and Decision Upon consideration of
any comments received, the Director (or the Council on a referral) may approve, conditionally
approve, or deny the proposed Minor Conditional I Ise Permit. The Minor Conditional I?Se Permit
shall not be granted unless all of the following findings have been made:
(a) The Lot is adequate in size,shape and topography for the proposed use;
(b) The proposed use will not have a material adverse effect on the public;
(c) The proposed use is compatible with the existing authorized uses of surrounding
and adjacent properties;
(d) The Lot has adequate off-street parking, loading facilities, and vehicle
maneuverability for the proposed use;
(e) The use, as to location, operation and design, is consistent with the General Plan,
any applicable specific plaza, and the zoning regulations of the City of Vernon,
including the City's policy considerations as to acceptable uses in the City;
(1} The use is consistent with all applicable County, State, and federal laws, rules and
regulations;
(g) The proposed use will not adversely affect the general welfare as a result of noise,
increased traffic, interference with the flow of traffic, dust, or other undesirable
characteristics;and
(h) The conditions stated in the decision are deemed necessary to protect the public
health, safety, and general welfare.
Chapter 26.Comprehensive Zoning Ordinance VI-14
Article VI.Special Regulations and Procedures.
Sec.26.6.4-Z Notice of Decision Not later than ten (10) business days following the rendering of
a decision ordering that a Minor Conditional Use Permit be granted or denied, a letter shall be
mailed to the applicant at the address shown on the application filed with the City stating the
decision of the Director.
Sec.26.6.4-8. Effective Date of Order Granting or Denying a Minor Conditional Use Permit.
The order of the Director in granting or denying a Minor Conditional Use Permit shall become final
and effective on the date of the signing of the notice of decision.
Sec.26.6.4-9. Time Requirements for Use of Mirror Conditional Use Permit. Any Minor
Conditional Use Permit approved by the Director shall expire and become null and void if:
(a) There is not evidence of substantial use of the rights and privileges granted by the
Minor Conditional Use Permit within one (1) year from the date on which the Minor
Conditional Use Permit was granted;or
(b) The use for which the Minor Conditional Use Permit was granted has ceased to exist
or has been suspended for at least one (1)year.
If an application for an extension of the above time requirements is filed prior to the expiration of
the applicable time requirement, the Director may grant one extension of time, not to exceed one
year from the time limit specified. Any additional request for an extension of the time limit shall be
treated as a new application for a Minor Conditional Use Permit_
See.26.6.4-10 General Conditions. The Director shall impose conditions on the Minor
Conditional Use Permit to protect the public health, safety, and general welfare. Such conditions
may,without limitation,include:
(a) Regulation of use;
(b) Special yards,spaces,and buffers;
(c) Fences and walls;
(d) Surfacing of parking areas subject to City specifications;
(e) Dedication of a portion of the laud for a Right-of-way;
(� Making or paying for related street improvements;
(g) Regulation of points of vehicular ingress and egress;
(h) Regulation of signs;
(i) Requiring Landscaping;
0) Outdoor Storage and Activities limitations or requirements;
(k) Requiring maintenance of the Landscaping and the grounds;
VI-15 Chapter 26.Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
(1) Requiring adequate parking and loading spaces;
(m) Regulation of noise,vibration, odors, and similar concerns;
(n) Regulation of time for certain activities;
(o) Regulation time period within which the proposed use shall be implemented or used;
(p) Duration of use;and
(c� Such other conditions as will make possible the development of the project in an
orderly and efficient manner in conformity with the intent and purposes set forth in
this Chapter.
See. "�'�Sec.266.4-11. Apppeak Following the City Clerk's receipt of a written appeal
contesting any action or decision of the Director that has been submitted to the City Clerk within
thirty (30) days after the date such action or decision was taken by the Director, the City Clerk shall
set the appeal for a public hearing. Tile public heazng shall im held not less than ten Ll���
more than sixty 6Q days from the City Cicrk's rcccirlt of the ab_ncaL The City, _Clcrk shall_g y&
a_ytice of the time and.nlace_of the hearing and the p=oyg: thereof in the manner described in
Section 26.6-'-3, "Notice of Public Hearing." The appvlUnt may appearCouncil or be represtnted by an attorney introduce evidence to -claim. The
and may support the
the City to substantiate the apl2ellanes claim.
Sec 26.6.4-12 MoWficatron of Minor C4aodidana1 Use Petmit; The Director shall have the
authority to, upon a filed request of the gntntee of the Minor Condiliovel Use Pernik, con-sider
modifications to an approved Minor Conditional Use Permit The Director shall approve, deny, or
approve with additional conditions an application for modification of a Minor Conditional Use
Permit based on the following written findings:
(1) The modification is in compliance with all applicable requirements of the
Zoning Ordinance;
(2) The modification will achieve the same or improved relief from the impact
or impacts the original condition(s)was designed to achieve;
(3) The modification will not result in any foreseeable new environmental
impacts;and
(4) The modification complies with all applicable City, County, state, and federal
laws and regulations.
Sec.26.6.4-13. Revocation or Amendment ofa Minor Conditional Use Permit
(a) Revocation of Amendment of a Minor Conditional Use Permit Following
receipt of a recommendation from the Director that a Minor Conditional Use Permit
be revoked, the City Clerk shall set the matter for public hearing to be held in not
less than ten (10) days or more than sixty (60) days from the date of notice, and shall
Chapter 26.Comprehensive Zoning Ordinance VI-16
Article VI.Special Regulations and Procedures.
give notice thereof in the manner provided in Section 26.6.2-3, "Notice of Public
Hearing." The City Council may by resolution revoke any Minor Conditional Use
Permit (or, if a revocation is not justified, the City Council may, instead, amend the
Minor Conditional Use Permit) based upon the determination that the use
authorized by the Minor Conditional Use Permit has become detrimental to the
public health, safety, or general welfare, or the manner of operation constitutes or is
creating a nuisance,based on any one of the following findings:
(1) The circumstances under which the Minor Conditional Use Permit was
granted have been changed by the applicant to the extent that one or more of
the findings contained in the original Minor Conditional Use Permit can no
longer be made in a positive manner, and the public health, safety, and
general welfare require the revocation or modification;
(2) The Minor Conditional Use Permit was issued, in whole or in part, on the
basis of a misrepresentation or omission of a material statement(s) in the
application or in the applicant's testimony presented during the public
hearing for the Minor Conditional Use Permit;
(3) One or more of the conditions of the Minor Conditional Use Permit are
both feasible and have been intentionally unfulfilled or violated;or
(4) The use authorized by the Nfinor Conditional Use Permit is in violation of
any code,law,ordinance,regulation,or statute.
(h) Frndiags. The City Council shall render written findings setting forth reasons for
revoking or modifying the Minor Conditional Use Permit.
(c} Not6catroa If the Minor Conditional Use Permit is revoked or modified by the
City Council, notification of the City Council action shall be mailed to the owner of
the subject Lot by the City Clerk and shall include a copy of the City Council
resolution specifying the reasons for revoking or modifying the Minor Conditional
Use Permit.
Sec. 26.6.5. Temporary Use Permits.
See.26.6..�L Authority and Purpose. This section is intended to grant the Director and the City
Council the authority, subject to the provisions of this Chapter, to temporarily authorize upon
property not owned or controlled by the city, short=term, activities that are not already authorized
upon that property, and which short-term activities would be compatible with adjacent and
surrounding uses when conducted in compliance with this Chapter.
Sec.26.6.5-2. Application and Fee. Application for a Temporary Use Permit shall be made by the
property owner or authorized agent to the Department of Public Works, Water, and Development
Services, on a form provided for that purpose by the City, and shall be accompanied by a filing fee
in an amount established by resolution of the City Council. The application shall also be reviewed by
the Police, Fire and Health Departments to ensure the operation of the Temporary Use plans and
maintains adequate traffic control, security, safety provisions and any other applicable requirements.
VI-17 Chapter 26.Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
Sec. 26.6.5-3, Applicability. The provisions established in this Section, "Temporary Use Permits."
shall only apply to proposed temporary activities on property not owned or controlled by the Cry
("Non-City Property"). Proposed temporary used by non-City parties of City owned or controlled
property ("City Property") may be authorized via issuance of a special events permit. For proposed
temporary land uses on Non-City property, the following two categories of temporary land uses
identify the level of permit required, if any,based on the proposed duration, size, and rype of use.:
(a) Exempt Tempotary Uses_ The followuig muwr and limited duration temporary
uses are exempt from the requirement for a Temporary Use Permit. Uses that do
not fall within the categories defined in this Subsection shall comply with Section
26.6.5-3(b),"Allowed Temporary Uses and Major Events" or shall not be permitted.
(1) Construction Sites — On-Site. On-site contractors' construction/storage
uses, in conjunction with an approved construction project on the same
parcel The construction and/or storage use shall be removed immediately
upon completion of the construction project, or the expiration of the
Companion Building Permit, authorizing the construction project, whichever
first occurs.
(2) Emergency Facilities. Emergency public health and safety needs/land use
activities,as determined by the Director.
(3) First Amendment Protected Activity. Any spontaneous activity or event
determined to have clearly identified First Amendment protections, whereby
the time provisions established in this Section for acquiring a Temporary Use
Permit would,in the Opinion of the Director,unreasonably interfere with the
ability of the activity or event to occur.
(4) Special Event Permitted Activities Uses that are permitted in accordance
with Section 26.6.5-11.
(b) Allowed Temporary Uses and Major Events. Non-exempt temporary uses,
including special events, shall be subject to the issuance of a Temporary Use Permit,
and only when conducted in compliance with Section 26.6.5-9, "General
Conditions,"below.
(1) Contractors' Construction Sites — Off Site. The temporary use of a site
for an off-site contractor's Construction., staging, or storage area(s) for a
construction project within the City. The permit may be effective for up to
180 days and extended in 180-day increments, with Director approval,or the
expiration of the companion Building Permit, authorizing the construction
project,whichever first occurs.
(2) Major Events.Amusement rides, arts and crafts exhibits, auctions, carnivals,
circuses, concerts, fairs, farmer's markets, festivals, food markets/events,
outdoor entertainment/sporting events, and rodeos limited to s nine (9)
consecutive days or fewer, or three (3) two(2)-day weekends, within a twelve
Chapter 26. Comprehensive Zoning Ordinance VI-18
Article VI. Special Regulations and Procedures.
(12)-month period. If an annual plan is submitted to and approved by the
Director, the frequency and duration of these special events may be
extended.
(3) Outdoor display or sale events conducted by a business holding a valid
Business License, issued in compliance with Municipal Code Section 5.1,
"Definitions," et seq., and a retail sellers permit issued by the State of
California for product not normally stored or produced on site may be
allowed a maximum of six (6) outdoor sale events (excluding City-sponsored
activities). For purposes of this Subsection,an outdoor sale event shall be no
longer than seven (7) consecutive days in duration. If an annual plan is
submitted to and approved by the Director, the frequency and duration of
these outdoor display and sale events may be extended.
(4) Seasonal sales (for example, Halloween pumpkin sales and Christmas tree
sale lots), issued in compliance with Municipal Code Section 5.3 License
required;application for license,and limited to thirty (30) consecutive days or
less.
(5) Other Similar Temporary Uses. Similar temporary uses that,in the opinion
of the Director, are compatible with the subject zone and surrounding land
uses.
Sec.26.6.5-4. Detennwatrorl, Action of the Director. A public hearing shall not be required for
the Director's decision on a Temporary Use Permit application_ However, the Director shall have
the authority to require noticing of surrounding property owners and tenants if, in the Director's
opinion, the proposed Temporary Use has the potential to create adverse impacts on surrounding
properties and uses.
If, from the facts presented via comments or by an investigation at the instigation of the Director,
the Director makes the findings required in Section 26.6.5-6, "Findings and Decisions," and finds
that such Temporary Use Permit or modification thereof should be granted, the Director may grant
the requested Temporary Use Permit in whole, or in part, and upon such terms and conditions as
the Director may deem proper to preserve the public health, safety, convenience, and general
welfare, and the general intent and purpose of this Chapter. The Director shall make findings and
determinations upon said application within thirty (30) days after the application for the Temporary
Use Permit is deemed complete, unless a waiver of this time requirement is provided by the
applicant.
Sec.266.5-5. Option to Refer to City Council The Director may elect to refer the application,
with or without a recommendation, to the City Council for decision. Upon referral to City Council,
all procedures associated with hearing, action, and noticing shall comply with Section 26.6.3,
"Conditional Use Permit."
Sec.26.6.5--6. Findings and Decision. The Director (or the Council on a referral) may approve,
conditionally approve, or deny a Temporary Use Permit application. -I lie Temporary Use Permit
shall not be granted unless all of the following findings have been made:
VI-19 Chapter 26. Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
(a) The operation of the requested temporary use at the location proposed and within
the time period specified will not endanger, jeopardize, or otherwise constitute a
menace to the public convenience, health, safety, or general welfare;
(b) The operation of the requested temporary use will not be detrimental to adjoining
properties through the creation of excessive dust, light, noise, odor, or other
objectionable characteristics;
(c) The proposed parcel is adequate in size and shape to accommodate the temporary
use without detriment to the enjoyment of other properties located adjacent to and
in the vicinity of the subject parcel;
(d) The proposed use and authorized operators will comply with all applicable laws,
including fire and life safety requirements and maximum occupancy requirements.
(e) The proposed parcel is adequately served by streets or highways having sufficient
width and improvements to accommodate the !Sind and quantity of traffic that the
temporary use will or could reasonably be expected to generate;
( Adequate temporary parking to accommodate vehicular traffic to be generated by the
use will be available either on-site,on-street or at altercate locations acceptable to the
Director;and
(g) The applicant agrees in writing to comply with any and all of the conditions imposed
by the review authority in the approval of the Temporary Use Permit.
Sm.26.6.5--9. Notice ofDedsioa Not later than ten (10) busiuess clays followiug the rendering of
a decision ordering that a Temporary Use Permit be granted or denied, a letter shall be mailed to the
applicant at the address shown on the application filed with the City stating the decision of the
Director.
Sec.26.6.5--8. Effective Date of Order Granting or Denying a Temporary Use Permit: The
order of the Director to grant or deny a Temporary Use Permit shall become final and effective on
the date of the signing of the notice of decision.
Sec.26.6.5-9. General Conditions. In approving a Temporary Use Permit application, the Director
(or the Council on a referral) may impose conditions that are deemed reasonable and necessary to
ensure that the permit would be in full compliance with the findings required by Section 26.6.5-6,
"Findings and Decisions,"above. Such conditions may,without limitation,include:
(a) Fixed period of time;
(b) Operating hours and days;
(c) Temporary pedestrian and vehicular circulation;
(d) Regulation of nuisance factors;
(e) Regulation of temporary structures;
Chapter 26.Comprehensive Zoning Ordinance VI-20
Article`T Special Regulations and Procedures.
(� Litter, sanitary, and medical facilities;
(g) Waste collection, recycling, and/or disposal;
(h) Police/security and safety measures;
(i) Signs;
0) Performance bond or other security;
(k) Limitations on alcoholic beverage sales;
¢) Compliance with applicable provisions;and
(m) Such other conditions as will make possible the temporary use in an orderly and
efficient manner in conformity with the intent and purposes set forth in this Chapter.
Sec.2665--I0. Condon of Site Following Temporary Use. Each site occupied by a temporary
use shall be cleaned of debris, litter, or any other evidence of the temporary.use upon completion or
removal of the use,and shall continue to be used in compliance with this Zoning Ordinance.
Sec.266-5-M. Special Event Permit.Temporary uses that are considered minor in nature by virtue
of having minimal impact to surrounding properties may be issued a Special Event Permit by the
Vernon Fire Department. Such events meeting these qualifications may include but are not limited
to indoor or outdoor sales event of product normally stored or produced onsite, outdoor or indoor
meeting,ground breakimg ceremony,holiday or special occasion party,or similar event. Such events
generally are of a duration no longer than two days_ If, in the opinion of the Fire Chief, the Fire
Chief determines the event is beyond the scope of a Special Event Permit, the application shall be
denied and instead the applicant shall be required to apply for a Temporary Use Permit.
In approving a Special Event Permit application, the Fire Chief may impose conditions that are
deemed reasonable and necessary to ensure that the permit would be in full compliance with the
findings required of a Temporary Use Permit by Section 26.6.5-6, "Findings and Decisions," above.
Such conditions may,without limitation,include:
(a) Fixed period of time;
(b) Operating hours and days;
(c) Temporary pedestrian and vehicular circulation;
(d) Regulation of nuisance factors;
(e) Regulation of temporary structures;
(f) Litter, sanitary, and medical facilities;
(g) Waste collection, recycling, and/or disposal;
(h) Police/security and safety measures;
VI-21 Chapter 26.Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
(i) Signs;
0) Performance bond or other security;
(k) Limitations on alcoholic beverage sales;
(1) Compliance with applicable provisions;and
.Sec.26.6.5--I2. Such other conditions as will make possible the temporary use in an orderly and
efficient manner in conformity with the intent and purposes set forth in this Chapter
See. 26..6.4.Sec. 26.6.6. Zoning Ordinance or Text Amendment.
See-.26 A e '. Sec.26.6.6-L Purpose. Whenever public necessity, convenience and general welfare
require, the boundaries of the Zone and the Overlay Zones established by this Chapter, the
classification of property uses therein, or other provisions of this Chapter may be amended as
follows:
(a) By-tin ending the Zoning Map,or
(b) By revising the text of the Ordinance.
See-. .6.T4;--Sec.26.6.6-2. Amendments Amendments of this Chapter and the Zoning Map
which is a part hereof,may be adopted as follows:
(a) An Amendment may be initiated by the verified application of the owner or owners
of Property which is proposed to he changed or reclassified, whenever an
Amendment, supplement to, or change in the regulations prescribed for the property
is desired;or
(b) The City Council may introduce and adopt an ordinance as provided in the City
charter.
See-. '&&4 z. Sec. 26.6.6-3. Notice of Pubffc Heating. Within sixty (60) days after (a) receipt of a
completed application by the owner or owners of property or (b) introduction of an ordinance by
the City Council, as the case may be, the City Clerk shall set the matter for public hearing to be held
not less than ten (10) days and not more than sixty (60) days from the date of notice of the public
hearing, with such notice being given in the manner provided in "-emu overnment Code Section
65091. If the granting or denial of an Amendment is subject to CEQA, the time periods for any
notice,response, or action shall comply with the time frames established by CEQA, notwithstanding
any time periods set forth in this Section 26.6.43,"Notice of Public Hearing.."
See-X-o 4 4. Sec. 26.6.6-4. City Council to Announce Decision Aker the Public Hearing. The
City Council shall announce its decision and if the Amendment is approved, shall adopt an
ordinance incorporating the decision. The ordinance shall recite the facts and reasons which,in the
opinion of the City Council, make the approval of the application for the Amendment necessary to
carry out the general purpose of this Chapter.
Chapter 26.Comprehensive Zoning Ordinance VI-22
Article VI.Special Regulations and Procedures.
See. '�4 A_Sec. 26.6.6-5. Notice of Ordinance. At the time the ordinance becomes effective,
one copy of such ordinance shall be forwarded to the applicant at the address shown upon the
application.
3e�.� 4- Sec.26.6.E-6. Zoning Map Modification. If the Amendment involves an
amendment to the Zoning Map, the Department of ConunutfftyPublic Works, Water, and
Development Services, immediately following the effective date of the ordinance, shall cause the
Zoning Map to be so modified. Copies of the modified Zoning Map shall be available to the public
on request.
Seems '��Sec. 26.6.7. Interpretations,Minor Exceptions, and Appeals.
See. '�4=Sec. 26.6.7-L Interpretations. The Director shall have the
power to interpret the provisions of the Zoning Ordinance when any ambiguity or lack of clarity
exists and to make determinations as to whether a proposed use is substantially similar to a
Permitted Use and is therefore permitted of right or through obtaining a Conditional Use Permit or
Minor Conditional Use Permit, or whether a proposed use is a First Amendment Protected Use and
is therefore permitted as such,pursuant to this Chapter.
See. 2644 ? Sec.26.6.7-2. Record of Interpretations. The Director of Gemmuaity Serviees shall
keep a written record of interpretations made on file in the Department of Go mnityPublic Works,
Water, and Development Services. Such record shall briefly describe the interpretation made and
the date of the interpretation. The record shall be available for public review during the normal
business hours of the Department of Public Works,Water,and Development Services.
See. 'ems-Sec. 26.6.7-3. Exceptions. The Director of Gofnfr unit Ser-c-ices shall have the
authority to make minor exceptions or adjustments to the standards contained in this G*tef
ifOrdinance. The Exception shall not be granted unless such exceptions are necessary to
*"tt eensure an equitable and reasonable application of the Chapter.- Exceptions shall not result in
the reduction of any standard by an amount greater than ten percent (10%). Any deviation from a
standard which exceeds ten percent (10%) shall be made only in accord with Section 26.6.2—,
"Variances)," of this Chapter.
ve- 6;6.5 Sec. 26.6.7-4. Record of Exceptions. Any exception made by the Director
—
r-_.__._ewty S__.i___ in accord with the provisions of this Section shall be duly recorded in concise
language and with accompanying drawings as required. The record shall be filed in the Department
of Gantfntmi Public Works, Water, and Development Services by property location using a street
address or other reasonable system to permit reference to the exception made at any future date.
See. 26 6. = Sec. 26.6.7-5. Appeals. Following the City Clerk's receipt of a written appeal
contesting any action or decision of the Director of Gornmuttity Servieej that has been submitted to
the City Clerk within thirty (30) days after the date such action or decision was taken by the Director
the City Clerk shall set the appeal for a public hearing.
L
- 4y Rig -
VI-23 Chapter 26. Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
a @ - -.n__t'- d_:.v
Sec.26.6.7-6 nee-26.6�-6The public hearing shall be held not less than ten (10) days not more than
sixty (60) days from the City Clerk's receipt of the appeal. The City Clerk shall give notice of the
time and place of the hearing and the purpose thereof in the manner described in Section 26.6.2-3,
"Notice of Public Hearing." The appellant may appear in person before the City Council or he
represented by an attorney, and may introduce evidence to support the claim. The appellant shall
cause to be made at his or her own expense any investigation or research required by the City to
substantiate the appellant's claim.
Sec. 26.6.8. Development Agreement.
'"Nee.�T Sec.26.6.8-Z wee d L Applrcabilit,v. Development Agreements are
authorized by California Government Code Section 65864 as a means of providing both the city and
property owners with assurances that development projects can be completed under the terms,
conditions, and regulations in effect at the time that authority is granted to proceed with a project.
Sec.26.6.8-2 See. 26�64 Contents of Agreement. A Development Agreement shall specify the
duration of the agreement. The Development Agreement shall specify the permitted uses of the
property, the density or intensity of use, the maximum height and size of proposed Buildings, and
provisions for reservation or dedication of land for public purposes, if any reservation or dedication
is required by the City of Vernon. The Development Agreement may include conditions, terms,
restrictions, and requirements for subsequent discretionary actions, provided that such conditions,
terms, restrictions, and requirements for subsequent discretionary action shall not prevent
development of the land for the uses and to the density or intensity of development set forth in the
Agreement. The Development Agreement may provide that construction be commenced within a
specified time, that the project be completed within a specified time, and/or may provide for
construction to be accomplished in phases. The Development Agreement may contain such other
provisions as may be considered necessary or proper by the City Council to further legitimate City
interest or to protect the public health, safety, and welfare so long as such terms are not inconsistent
with the provisions of State law relating to Development Agreements, nor inconsistent with the
ordinances,policies,plans, or resolutions of the City of Vernon.
Sec.26.683. See, WA6—; Findings. In acting to grant a Development Agreement, the City
Council shall make the following findings with regard to the proposed Development Agreement:
--1 he Development Agreement is consistent with the General Plan objectives,
policies, land uses and implementation programs and any other adopted plans or
policies applicable to the agreement.
(b) (b) The Development Agreement is compatible with the uses authorized in, and
the regulations prescribed for, the land use district in which the real property is
located.
(c) (e) The Development Agreement will promote the public convenience, health,
interest, safety, and general welfare of the City and will not be detrimental to or cause
adverse effects to adjacent property owners, residents, or the general public;
Chapter 26.Comprehensive Zoning Ordinance VI-24
Article VI. Special Regulations and Procedures.
(d) the associated project will further important citywide goals and policies that
have been officially recognized by the Council; and
(e) t—The Development Agreement is consistent with the provisions of California
Government Code Sections 65864 through 65869.5.
Sec. 26.6.8-4. See-z6.�T-Denial of Development Agreement.- The City Council, in its sole
discretion, may decide not to enter into the Development Agreement on the grounds that, in its
opinion, the proposed Agreement is not in the best interest of the public.
Sec.26.6.8--9. tee. '�TPubGc Hearings and Adoption. -A public hearing shall be held on the
proposed Development Agreement by the City Council. Notice of the public hearings specified in
this Chapter shall be given in the form of a notice of intention to consider approval of a
Development Agreement in compliance with Government Code Section 65867 and in the manner
described in Section 26.6.2-1, "Notice of Public Hearing." Development Agreements shall be
adopted by ordinance of the City Council, which constitutes final action and approval of the
agreement. After the effective date of the ordinance approving the Development Agreement, the
City may enter into the agreement.
Sec. 26.6.8-6. gee. '6- A6—6 Recordation. A Development Agreement shall be recorded in the
County Recorder's Office no later than ten (10) days after it is executed and a confirming copy of
the recorded document shall be sent to the City.
Sec.266.8-Z fee. '�7-Amendmentand Cancellation of Development Agmements. Unless
otherwise provided in a Development Agreement, either party may propose an amendment to or
cancellation, in whole or in part, of a Development Agreement previously entered into. The
procedure for proposing and adoption of an amendment to or cancellation,in whole or in part, of a
Development Agreement shall be the same as the procedure for entering into an Agreement in the
first instance, including but not limited to the notice of and the public hearings as specified in this
Chapter. In the event that a Development Agreement is canceled or terminated, all rights of the
private party under the Development Agreement shall terminate. Except as otherwise provided in
the Development Agreement, the City may, at its sole discretion, retain any and all benefits,
including reservation or dedications of land, improvements constructed, and payments of fees,
received by the City.
Sec.26.6.8 8. See. '�8.-Revrew of Development Agreement. Every Development Agreement
approved and executed in compliance with this Chapter shall be subject to City review, as specified
in the Development Agreement, during the full term of the agreement, but in no case less than every
twelve (12) months from the date of execution of the Agreement. The time for review may be
amended either by agreement between the parties or by initiation of the City Council.
Sec. 26.6.9. See. 26.6��Reasonable Accommodation.
sx W 64 Z Sec. 26.6.9-Z See. J6A 7 A- Applicability. A request for Reasonable
Accommodation may be made by any person with a disability, or their representative, when the
application of a zoning, land use or building regulation, policy or practice acts as a barrier to equal
housing opportunities. If a Reasonable Accommodation request is approved, the request shall be
VI-25 Chapter 26. Comprehensive Zoning Ordinance
Article VI.Special Regulations and Procedures.
granted to an individual and shall not run with the land unless the Director
determines that:
(a) (a) The modification is physically integrated into the residential structure and
cannot easily be removed or altered to comply with applicable codes;or
(b) (b) The accommodation is to be used by another disabled person.
Sec.26.6.9--2. See-.266.79-Proceedirsgs. A request for Reasonable Accommodation shall state the
basis of the request including, but not limited to, a modification or exception to the regulations,
standards and practices for the development and use of housing or housing-related facilities that
would eliminate regulatory barriers and provide a disabled person equal opportunity to housing of
his or her choice. The Director may request additional information necessary for
making a determination on the request for Reasonable Accommodation that complies with the fair
housing law protections and the privacy rights of the disabled person to use the specified housing.
Sec.26.6.9-3. 3ee. 6A7 A-Findiri. The following findings must be analyzed, made, and adopted
before any action is taken to approve or deny a request for Reasonable Accommodation:
(a) *j —The housing that is subject to the request will be used by an individual with a
disability, as defined under Federal Fair Housing Amendments Act of 1988 and
California's Fair Employment and Housing Act;
(b) 1-he request for Reasonable Accommodation is necessary to make specific
housing available to an individual with a disability;
(c) H The requested Reasonable Accommodation would not impose an undue
financial or administrative burden on the City;
(d) l lie requested Reasonable Accommodation would not require a fundamental
alteration in the nature of a City program or law, including, but not limited to, land
use and zoning; and
(e) (e) —There are no other alternative Reasonable Accommodations that may
provide an equivalent level of benefit at a similar cost while providing greater
consistency with the City's laws and regulations.
Sec 26.6,9-4, See- 'ok"A Record of Reasonable Accommodation. The authorized signature of
the Gawentmity Serviees Director or the City Council if the request was appealed, on a designated
form, or a stamp approval on a set of plans, shall signify approval of a Reasonable Accommodation
request.
Sec. 26.6.10. See. - -Density Bonuses.
caSee-. �
�ee����c- -Sec. 26.G:10-L � ���o-r ompliance with State Law. The City hereby adopts
by reference Government Code Sections 65915-65918 et seq. regarding density bonuses and other
incentives for accommodating the development of housing for households of specified income or
for senior citizens, as set forth in the statute.
Chapter 26. Comprehensive Zoning Ordinance VI-26
Article VI.Special Regulations and Procedures.
VI-27 Chapter 26. Comprehensive Zoning Ordinance
Article NII. Zoning Regulations for Adult or Sexually Oriented Businesses.
Article VII. Zoning Regulations for Adult or Sexually Oriented Businesses.
VII —
Sec. 26.7.1. Purpose.
It is the intent of this Article to prevent adverse economic impact to the businesses and residents of
the City, and to take steps to minimize potential increased crime, increased incidence of
communicable disease, decreased property values, and the deterioration of neighborhoods which
can be brought about by the increase in the number of Adult or Sexually Oriented Businesses, or
their location in close proximity to each other, or their proximity to other uses that are not
compatible with Adult or Sexually Oriented Businesses. The City Council finds that it has been
demonstrated in various communities that the concentration of Adult or Sexually Oriented
Businesses causes a depreciation in property values, an increase in the number of transients in the
area, an increase in crime, an increase in noise, litter, and vandalism, and in addition to the effects
described above, can cause other businesses to move elsewhere. It is, therefore, the purpose of this
Article to establish reasonable and uniform regulations to prevent any increase in the number of,
and any further concentration of Adult or Sexually Oriented Businesses, or their close proximity to
incompatible uses, while permitting the existence of existing Adult or Sexually Oriented Businesses
in certain limited areas. The requirements and regulations set forth in this Article VII Zoning
Regulations for Adult or Sexually Oriented Businesses are in addition to the requirements set forth
in Article VI Business Permit Regulations for Adult or Sexually Oriented Businesses or Similar
Businesses of Chapter 5 Business License Taxes and Other City Taxes of the Code which set forth
requirements for obtaining a business license.
Sec. 26.7.2. Definitions.
As used herein, the terms and phrases shall have the same meaning as defined in Chapter 5 Business
License Taxes and Other City Taxes, Article VI Business Permit Regulations for Adult or Sexually
Oriented Businesses or Similar Businesses, Section 5.81,"Definitions," et seq. of this Code.
Sec. 26.7.3. Location Requirements.
Sec.26.7.3-1. Zone . Adult or Sexually Oriented Businesses shall be
permitted only in the C-2 Overlay Zone
Sec.26.7.3-2. Required Distances. No Adult or Sexually Oriented Business shall be opened as a
new business, converted from an existing business, established, located, expanded, or operated
within certain distances of certain specified land uses as set forth below:
(a) No Adult or Sexually Oriented Business shall be established on a Lot located within
one thousand (1,000) feet of any other Lot containing an Adult or Sexually Oriented
Business, whether such other Lot is located inside or outside the City limits. The
required minimum distance between any two Adult or Sexually Oriented Businesses
shall be measured along the Street, whether public or private, from the nearest side
or rear Lot lines of the Lots upon which such uses are located.
VII-1 Chapter 26. Comprehensive Zoning Ordinance
Article VII.Zoning Regulations for Adult or Sexually Oriented Businesses.
(b) No person shall cause or permit the establishment or maintenance of more than one
Adult or Sexually Oriented Business on the same Property.
(c) No such business shall be established or located within one thousand (1,000) feet of
any Residence, public park, recreational area, public building, Religious Use, school,
boys' club, girls' club, or similar existing youth organization, Bar, pool hall, or liquor
store, whether such other use is located inside or outside the City limits. The
required minimum distance between an Adult or Sexually Oriented Business and
such othcr spccificd uscs shall be mcasurcd along the Strcct, whcthcr public or
private, from the nearest side or rear Lot lines, of the Lots upon which such uses are
located.
Chapter 26.Comprehensive Zoning Ordinance VII-2
Article VIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
Article VIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
Amiele VIII
Sec. 26.8.1. Application of Article.
This Article shall apply to all commercial Outdoor Advertising Structures within the City that are
not located on the same Lot as the goods or services being advertised. This Article does not apply
to on-site or noncommercial Outdoor Advertising Structures. All legally established off-site
commercial Outdoor Advertising Structures existing on the effective date of this Ordinance that are
not in compliance with the requirements of this Article are Legal Nonconforming Uses.
Sec. 26.8.2. Development Agreement Required.
The installation, construction, modification, or replacement of any Outdoor Advertising Structure is
permitted in the I Zone and all Overlay Zones, with the exception of the Housing Overlay Zone,
subject to obtaktittgthe approval of a evelopment Agreement between the
City and applicant, with appropriate standards and terms to be negotiated with the City, and
complying with all other conditions imposed by this Article.
Sec. 26.8.3. General Conditions.
Sec.26.8.3-L Sign Dimensions.
(a) The sign face of an Outdoor Advertising Structure shall not exceed eight hundred
fifty (850) square feet in area, including the border and trim, but excluding the base
or apron supports and other structural members.
(b) Cutouts and other special advertising features or additions to a sign face shall not
project more than five (5) feet above the maximum height limit.
(c) Bi-directional or double-faced signs shall be located on the same Outdoor
Advertising Structure. For parallel double-faced signs, the distance between sign
faces shall not exceed eight (8) feet. For"V-shaped" double-faced signs, the distance
between sign faces shall not exceed thirty-five (35) feet at their widest point and shall
not exceed eight (8) feet at their closest point.
Sec.26.8.3-2. Structure Design and Materials. Each Outdoor Advertising Structure shall have no
more than two poles, and shall be constructed of noncombustible material.
Sec.26.8.3-3. Maximum Height. The overall height of each Outdoor Advertising Structure shall
not exceed thirty-five (35) feet, exclusive of cutouts or special additions, measured from the higher
of either:
(a) The finished grade of the roadway adjacent to the Lot on which the Outdoor
Advertising Structure is located and from which the advertising display is to be
viewed, or
(b) The finished grade of the base of the Outdoor Advertising Structure.
'III-1 Chapter 26. Comprehensive Zoning Ordinance
Article VIII. Zoning Regulations for Off-Site Outdoor.advertising Structures.
Sec.26.8.3-4. Location. The location of the Outdoor Advertising Structures shall be restricted as
follows:
(a) An Outdoor Advertising Structure shall not be located within any required setback
area of the Zone or Overlay Zone in which the Outdoor Advertising Structure is
located.
(b) Outdoor Advertising Structures shall not be located within five (5) feet of any
Building or within ten (10) feet of any Lot line.
(c) Outdoor Advertising Structures with Digital Displays that are located within two
hundred (200) feet of the edge of the Right-of-way of the I-710 freeway and are
designed to be primarily view from the I-710 freeway are subject to the following
standards:
(1) An Outdoor Advertising Structure with a Digital Display that is located
within two hundred (200) feet of the edge of the Right-of-way of the I-710
freeway and designed primarily to be viewed from the 1-710 freeway shall not
be located within five hundred (500) feet of another Outdoor Advertising
Structure with a Static Display located on the same side of the freeway or
within one thousand (1,000) feet of another Outdoor Advertising Structure
with a Digital Display located on the same side of the freeway and designed
to be Oriented toward the freeway;and
(2) An Outdoor Advertising Structure with a Static Display that is located within
two hundred(200) feet of the edge of the Right-of-way of the I-710 freeway
and designed primarily to be viewed from the 1-710 freeway shall not be
located within five hundred (500) feet of any another Outdoor Advertising
Structure located on the same side of the freeway and designed to be
oriented toward the freeway.
{e4(d) Outdoor Advertising Structures constructed after the effective date of this
Ordinance and not oriented towards the 1-710 freeway shall not be located within
two thousand five hundred (2,500) feet of another Outdoor Advertising Structure.
1 We, Outdoor Advertising Structures existing on the effective date of this Ordinance may
not be replaced unless they are in conformity with the dimension, height, and
location rcquircmcnts spccificd hcrcin.
(e4 t) For purposes of this Article, measurements shall be made along the edge of the
Street from which the display on the Outdoor Advertising Structure is designed to be
primarily viewed, from a line perpendicular to the centerline of that Street passing
through the nearest edge of the existing sign, to a line perpendicular to the centerline
passing through the nearest edge of the proposed Outdoor Advertising Structure, as
shown in Diagram 26.8.3-4 Measurement for Outdoor Advertising Structures.
Chapter 26.Comprehensive Zoning Ordinance VIII-2
Article VIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
DIAGRAM 26.8.3-4
VIII-3 Chapter 26.Comprehensive Zoning Ordinance
Article VIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
MEASUREMENT FOR
OUTDOOR ADVERTISING STRUCTURES
— — STREET CENTERLINE
2,500'
I AKIN. DISTANCE
I I
I � �
I I
I
I
EXISTING ADVERTISING PROPOSED ADVERTISING
STRUCTURE STRUCTURE
DIAGRAM 26.8.3-4
Chapter 26.Comprehensive Zoning Ordinance VIII-4
Article VIII. Zoning Regulations for Off-Site Outdoor advertising Structures.
MEASUREMENT FOR
OUTDOOR ADVERTISING STRUCTURES
rSTREET CENTERLINE
g0 `9Q,
=2,500-
MIN. DISTANCE
I G
I
1
EXISTING ADVERTISING PROPOSED ADVERTISING
STRUCTURE STRUCTURE
Sec.26.8.3-9. Prohibited Outdoor Advertising Structures. The following types of signs shall not
be permitted:
(a) Any form of ovement, animation, or the appearance of an optical
illusion of movement, oscillating or rotating sign, or any other design intended to
attract attention through movement or the semblance of movement of the whole or
any part of the sign or any other method or device that suggests movement, except
such movement of a permitted Digital Display associated with changing from one
message to another;or
(b) Inflatable objects; or
(c) Flashing signs, containing illuminated light or other devices which are intermittently
on and off, which change in intensity, or which create the illusion of flashing in any
manner; or
(d) Obscene or pornographic signs.
Sec.26.8.3-6. Safety and Appearance.
(a) No Outdoor Advertising Structure, including its supporting structure and lighting,
shall present any hazard to the safety of pedestrian or vehicular traffic by obstructing
the flow of such traffic, obstructing the sight lines required for the safe movement of
pedestrian or vehicular traffic, interfering with the visibility and effectiveness of any
VIII-5 Chapter 26. Comprehensive Zoning Ordinance
Article VIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
traffic control or warning device, or in any other manner as determined by the
Director of Gafftmuftity Seinviees.
(b) All signs shall be designed and maintained to be compatible with the design and
materials used in the structure on which the sign is located.
(c) No sign face or sign area shall be added to an existing sign unless within a permanent
frame or panel indicated for such purpose on approved plans for the total sign
structure.
(d) All signs shall be maintained in good condition and working order, as determined by
the Director-o Ce��- and free of graffiti, peeling paint, faded colors,
and broken and damaged materials.
(e) All signs must have the sign owner's name, address and telephone number
conspicuously and permanently attached on the exterior of the sign.
fit) i'tie images on Digitai Displays shau not change more than once every eight (8)
seconds. The images shall. change instantaneously, with no special effects or video.
The brightness of the sign shall be such that the difference of ambient light
nivasuretuent and the operating sign light turned on to full white copy shall be no
greater than 0.3 foot-candles when measured from a distance as determined in the
Development Agreement_
Sec.26.8.3-7. Political Signs. Political signs are permitted in the I Zone and all Overlay Zones as
follows:
(a) All of the terms of this Article VIII apply to political signs, except that signs
pertaining to a particular election do not require a Conditional Use Permit.
(b) All political signs pertaining to a particular election shall be removed within ten (10)
days after the date of the election.
(c) The candidate, committee, or any other authorized Person posting political signs
shall ensure that all signs include the name, address, and the required committee
identification number of the campaign or political organization,if any.
(d) If the Director of Services finds that any political sign has been posted or
is being maintained in violation of the provisions of this Section, the Director of
': ~-•- ufut Services may cause said sign to be removed without prior notice.
(e) Any political sign that remains posted for more than fourteen (14) days after the
election to which it pertains shall be deemed abandoned.
Sec.26.8.3-8. Continuation of Nonconforming Sums. Every nonconforming Outdoor
Advertising Structure may remain in use unless and until it has been deemed to be abandoned, as
described in this Section 26.8.3-8., "Continuation of Nonconforming Signs." For purposes of this
Chapter, an Outdoor Advertising Structure shall be deemed to have been abandoned if no copy
appears on the sign for a period of at least one hundred and eighty (180) consecutive calendar days,
Chapter 26. Comprehensive Zoning Ordinance VIII-6
Article VIII. Zoning Regulations for Off-Site Outdoor Advertising Structures.
or it is otherwise relatively clear that the sign has been forsaken or deserted;provided, however, that
political signs shall be deemed abandoned as set forth in Section 26.8.3-7(e).
Sec.26.8.3-9. Abandoned Outdoor Advertising Structures. All nonconforming Outdoor
Advertising Structures that have been abandoned shall be brought into full conformity with this
Article or be removed, without amortization or compensation. If an abandoned Outdoor
Advertising Structure is in violation of the location requirements, it shall be removed. The Director
may cause any abandoned signs and any signs which constitute an immediate
peril to persons or property to be removed summarily and without prior notice.
VIII-7 Chapter 26.Comprehensive Zoning Ordinance
Article IX. Zoning Regulations for Drive-through and Drive-up Facilities.
IX
Sec. 26.9.1. Purpose.
This Section provides locational and operational guidelines for retail trade or service uses providing
drive-through and drive-up facilities to ensure that the facilities are designed and operated to
effectively mitigate problems of congestion, excessive pavement, litter, noise, pedestrian safety,
traffic,and unsightliness.
Sec. 26.9.2. Application of Article.
The Article shall apply to drive-through and drive-up facilities.
Sec. 26.9.3. General conditions.
Sec.2b.9.#-L Inwardly focused. Drive-through aisles should be inwardly focused within the site
and located away from adjoining streets and adjoining properties,wherever feasible.
Sec.M..9JL2, Pedestrian walkways. Pedestrian walkways (including ADA access areas) should not
intersect the drive-through access aisles, but where they do they shall have clear visibility and be
emphasized by enhanced paving or marking.
Sec.&934. No reduction m off-street parking. The provision of drive-through and drive-up
service facilities shall not justify a reduction in the number of required off-street parking spaces.
Sec.&.9-J 4. Accommodation of waiting vehicles.
(a) Drive-through access aisles should provide sufficient space before the menu board
to accommodate at least five waiting vehicles and at least five waiting vehicles
between the menu board and the drive-up service window.
(b) Drive-through lanes shall be designed separately from drive-through access aisles and
shall avoid the blocking of parking stalls or pedestrian access_
DIAGRAM 26.9.3-4 (a).Accommodation of Drive-through Vehicles
Chapter 26.Comprehensive Zoning Ordinance
i
Article IX.Enforcement.
Menu Board
Hfi
Restaurant
1 Drive
Through
—, rt Queing _
yam} Foreward most `— Entrance
I Drive-up Window _ r
i
� f
Sidewalk
Street
Sec.2&9.3-5. Menu and preview boards. Menu and preview boards may only be installed in
compliance with all of the following requirements.
(a) As practical, visibility of outdoor menu and preview boards should be minimized
from any adjoining street(s). Additional landscape areas or shrub plantings may be
required to provide proper screening-
(b) Any proposed carhop and/or walk-up menu boards shall not exceed four square feet
in area.
Sec. 2&9.3-Fi. Noise. Amplification equipment (e.g., speakers at menu boards, piped music, etc.)
shall be located so as not to adversely impact adjoining uses. Noise standards in Table 26.4.1-7(b)(2)
Noise Standards shall apply to any amplification equipment.
Sec. 26.9.3-7. Prevention of headlight glare. Each drive-through aisle should be appropriately
screened with a combination of landscaping, low walls, and/or berms maintained at a minimum
Chapter 26.Comprehensive Zoning Ordinance IX-2
height of three feet to prevent headlight glare from impacting adjacent streets, adjoining properties,
and parking lots.
Sec. 26.9.3-8. Wall required when adjoining residential uses. A minimum six-foot-high solid
decorative masonry wall shall be constructed on each property line that adjoins a parcel zoned for
and/or developed with a residential use. The design of the wall and the proposed construction
materials shall be subject to review and approval through the Site Plan and Design Review process.
A minimum five-foot-deep landscaping strip shall be provided between the wall and any driveway.
Chapter 26.Comprehensive Zoning Ordinance
Article X. Enforcement.
,-tie1e !X.-X
See. 2.6�Sec. 26.10.1. Application of Article.
This Article provides for the enforcement of penalties in the case of violation of any of the terms or
provisions of this Chapter and of any permit or right or exception granted hereunder. The
enforcement rights set forth herein are in addition to those provisions of the Code that also
specifically set forth the City's rights of enforcement and remedies available to the City. All of the
provisions of the Chapter [PG4]of the Code setting forth enforcement rights and remedies shall
apply to any violation of any of the terms or provisions of this Chapter and of any permit or right or
exception granted hereunder.
See 6 ".' '. Sec. 26.10.1-1. Violation. It is unlawful for any Person to violate any term or
provision of this Chapter or any part hereof or any permit, license, or exception granted hereunder,
or to fail to comply with any order or regulation made hereunder. Whenever a violation occurs, the
violation shall include not only the act or omission constituting the violation,but it shall also include
causing, allowing, permitting, aiding, abetting, suffering, withholding, or concealing the fact of such
act or omission, or destroying or tampering the evidence associated with the act or omission. The
provisions of this Chapter and all permits and rights granted hereunder shall apply to any Person,
whether or not the Person was the original owner of the property or applicant for the permit, right,
exception, or approval, and whether the Person is the owner, lessee, licensee, agent, or employee, if
the Person has notice of the terms and conditions of the permit or approval.
See, 2-6 9-4 21. Sec. 26.10.1-2. Criminal and Civil Enforcement. The City may enforce violations as
a criminal (infraction or misdemeanor), civil, or administrative action, or any combination thereof.
Any Person who violates any term or provision of this Chapter or any part hereof or any permit,
license, or exception granted hereunder, or who fails to comply with any order or regulation made
hereunder is guilty of a misdemeanor; provided, however, that in the sole discretion of the City
Attorney's office, a violation may be prosecuted as an infraction where the City Attorney's office has
determined that such action would be in the best interest of justice. The City Attorney may specify
in the citation, accusatory pleading, or by amendment during the prosecutorial process that the
matter will be prosecuted as an infraction. Any Person who has violated any term or provision of
this Chapter or any part hereof or any permit, license, or exception granted hereunder, or has failed
to comply with any order or regulation made hereunder shall be subject to the criminal, civil, and
administrative penalties set forth in the Code and otherwise provided by law.
See.- 6 See. 26.10.1-3, - Continuing Violations. A Person is guilty of a separate offense for
each and every day, or any portion thereof, during which there is any violation or failure to comply
as described in this Section 26.9.1-1-10.1, "Application of Article," et seq. that is committed,
continued,permitted, or allowed by such Person.
See ' 4 4, sec. 26.10.1-4. Voiding of Permit, Certificates, and Licenses. Any permit,
certificate, or license issued in conflict with the provisions of this Chapter shall be void.
Chapter 26.Comprehensive Zoning Ordinance
Article IX.Enforcement.
'�TSee. 26.10.1-5. Public Nuisance. In addition to the penalties herein provided, any
condition caused, or permitted to exist, in violation of any of the provisions of this Chapter or any
part hereof or of any permit, license, or exception granted hereunder, or in violation of any order or
regulation made hereunder is hereby declared to be unlawful and a public nuisance, and may be
summarily abated as such by this City, and shall further be subject to injunctive relief granted by any
court of competent jurisdiction. Each day or portion of a day that such condition continues shall be
regarded as a new and separate offense.
See. 6 91 r Sec. 26.10.1-6. Remcdics. All remedies permitted under this Chapter or the Code
shall be cumulative and not exclusive. Conviction and punishment of any Person hereunder shall
not relieve such Person from the responsibility of correcting prohibited conditions or removing
prohibited Buildings, structures, or improvements, and shall not prevent the enforced correction or
removal thereof. Nothing in this Article shall prevent the City from using one or more other
remedies to address violations of this Chapter.
See. °�91-TSec. 26.10.1-7. Responsibility. The Director- of G:ati-,nittnity 8erviees, shall have
principal responsibility for monitoring and enforcing the conditions and standards imposed on all
land use standards and entitlements granted by the City pursuant to this Chapter. In accordance
with the provisions of California Penal Code Section 836.5(a), employees of the Department of
GennnuaityPublic Works,Water and Development Services, as directed and designated from time to
time by the Director Services, are hereby authorized to issue citations for violations of
this Chapter. The procedures to be followed for the issuance of said citations are those that are or
may be authorized from time to time by provisions of the California Penal Code.
See. 26 8 Sec.26.10.1-8. Enforcement. In addition to any other remedy provided for in this
Code or otherwise by law, the Director may take any or all of the following
actions for any violation of this Chapter or of the terms and conditions of any permit or approval
that may be provided for in this Chapter:
(a) Institute proceedings to revoke or suspend any permit or approval, including,
without limitation, a Variances, Conditional Use Permit, Minor Conditional Use
Permit,or Temporary Use Permit;
(b) Revoke the business license held by any violator in accordance with the provisions of
See6fmChapter 5:, "Business License Taxes and Other City Tax Section," 68,
"Revocation and Suspension of Licenses of the Cade;";
(c) Impose an enforcement fee as provided for in Section 26.1110.1-9% "Enforcement
Fees";
(d) Cause to be issued an administrative citation or compliance order as provided for in
the Code;
(e) Institute proceedings against a Person with multiple violations of the Code for
"unfair business practices" under California Business and Professions Code Section
17200;
Chapter 26.Comprehensive Zoning Ordinance X-2
(� Request that the City Attorney take appropriate enforcement action. Referral by the
Director is not a condition precedent to any enforcement
action by the City Attorney.
See-. 2 °z Sec. 26.10.1-9. Enforcement Fees.
(a) An enforcement fee may be imposed by the City against each Person who has
violated the provisions of this Chapter or the terms and conditions of any permit,
license, exception, or approval that has been provided pursuant to this Chapter. The
purpose of this fee is to recover the costs of enforcement from any Person who
violates the provisions of this Chapter or any permit, license, exception, or approval
granted hereunder. The City Council shall establish the enforcement fees by
Resolution, and may, from time to time,amend such fees.
(b) The Director of Serviees shall cause to be issued a notice imposing fees
under this Section. The notice shall provide that the fee shall be due and payable
within fifteen (15) days from the date of the notice. A penalty of ten percent (10%)
per month shall be added to any fees that have not been paid when due.
(c) Any person upon whom fees have been imposed pursuant to this Section may appeal
the action in accordance with the following procedure:
(1) A notice of appeal shall be filed with the Director
within ten (10) days of the date of the notice.
(2) At the time of filing the notice of appeal, the appellant shall deposit with the
City Treasurer money in the amount of all fees due. If, as a result of the
hearing, it is determined that the City is not entitled to all or a portion of the
money, the City shall refund to the Person all or a portion of the money
deposited.
(3) The City Council shall hold a hearing on the appeal within sixty (60) days of
the date of filing of the appeal. The City shall give the appellant at least five
(5) days notice of the time and place of the hearing. The City Council shall
render a decision within fifteen (15) days of the date of the hearing. The
hearing may be continued if additional information is required in order to
allow the City Council to render a decision. The purpose of the hearing shall
be limited to whether or not the violation occurred.
(4) The decision of the City Council shall be final except for judicial review.
(5) Any notice issued pursuant to this Section shall set forth the appeal rights as
provided for in this Section.
See.226A1 10. Sec. 26.10.1-10. Business License Revocation or Suspension.
(a) Notwithstanding any other provision of this Code, the Director of Geffm:m
may suspend a business license for thirty (30) days or less, or may revoke a
business license issued pursuant to this Code, if the holder of such business license
Chapter 26.Comprehensive Zoning Ordinance
Article IX.Enforcement.
has violated the provisions of this Chapter or the terms and conditions of any permit
or approval issued hereunder, in accordance with the procedure set forth in this
Section.
(b) Upon being notified of a second violation of this Chapter, or the terms and
conditions of any permit or approval granted hereunder, within a three (3) year
period from the date of the first violation, the Director of GowAutlnity Serviees shall
notify the Person that a third violation within such three (3) year period may result in
the suspension or revocation of the Person's business license.
(c) Upon being notified of a third violation of this Chapter, or the terms and conditions
of any permit or approval granted hereunder within a three year period from the date
of the first violation, the Director may notify the Person of the
revocation or suspension of the Person's business license.
(d) Any notice of revocation or suspension issued pursuant to this Section shall be final
upon the expiration of the appeal period if no appeal is timely filed or upon the
decision of the City Council if an appeal is filed.
(e) Any Person may appeal the suspension or revocation of the business license in
accordance with the following procedures:
(1) A notice of appeal shall be filed with the Director
within fourteen (14) days from the date of the notice of revocation or
suspension.
(2) The City Council shall hold a hearing on the appeal within sixty (60) days of
the date of the filing of the appeal. The City Council shall give the appellant
at least ten (10) days notice of the time and place of the hearing. The City
Council shall render a decision within fifteen (15) days of the date of the
hearing.
(3) The decision of the City Council shall be final except for judicial review.
(4) Any notice revoking or suspending a business license pursuant to this Section
shall set forth the appeal rights as provided for in this Section.
Chapter 26.Comprehensive Zoning Ordinance X-4
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Chapter 26. Comprehensive Zoning Ordinance
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City of Vernon
DRAFT ZONING MAP
ram- TLxk and rent T
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11/25/2014
Community Services And
Water Departmen =
Proposed General Plan and Zoning
- Amendments
Community Services Planning
Responsibilities
City's Planning Section responsibilities
include
Developing and implementing the City
General Plan
Developing and implementing Zoning
regulations
Processing Conditional Use Permits,
Variances and Parcel Maps
11/25/2014
General Plan
The General Plan is the principal guiding
document for future development within the
City. All City decisions should be in
compliance with the goals and policies
contained in the General Plan
The General Plan is currently proposed to be
updated to accommodate the establishment
of a new trucking overlay zone and the
expansion of the current commercial
overlay zone.
Zoning
Zoning Ordinance -The Zoning Ordinance
establishes the development and site
planning standards (noise, parking,
setbacks, intensity, etc.) for the City and
sets forth which uses are permitted by right,
need a conditional use permit, and which
uses are prohibited within the City.
The last update to the City Zoning Ordinance
was to create a Housing and Emergency
Shelter overlays and establish regulations
within these new overlay zones.
11/25/2014
Zoning
Proposed significant changes to the zoning
ordinance are as follows:
Establishes an Ancillary Retail Use
Creates a zone for First Amendment
protected uses
Creates a Trucking Overlay zone
Expands the Commercial Overlay zone
Creates a Temporary Use Permit process
ZOning .
�' Creates a Minor Conditional Use Permit
process
Establishes a location where for Solid
Waste facilities will be permitted
`� Prohibits Convention and Entertainment
Venues
Establishes regulations for Electronic
Billboards
• Establishes regulations for Fast Food
Restaurants
11/25/2014
r
3 �
9
• • • • • • •
J.
-
city of vrnon
®� DRAFT ZONING MAP
4
Zoning
Uses Permitted of Right in the City
Industrial Use.
Data Centers.
Cold Storage Warehouses.
11/25/2014
Industrial Gas Manufacturing.
Telecommunications Antenna and Cell Towers.
Warehouse IIse (other than Cold Storage Warehouses).
Wholesale IIse.
Aacillary IIse
Any activity or use uade:taken by the City
Zoning
Uses Requiring a Conditional Use Permit in
Vernon:
Refineries.
Generating facilities, power plants, cogeneration
facilities.
Trash to Energy Facilities.
Petroleum Related Uses, Petroleum Storage Facilities..
Recycling Facilities.
Trade Schools,
Public Utilities
Uses that are not specifically permitted by right or
prohibited
11/25/2014
Zoning
Uses That May Be Permitted by Minor
Conditional Use Permit.
Incidental Use.
Ancillary Retail Use
Zoning
Prohibited Uses in Vernon:
Motels, Hotels, Trailers, and Trailer Parks
Marijuana, Dispensary, Co-op, or
Cultivation Uses
Convention and Entertainment Venue
Zoning
Uses That May Constitute Legal
Nonconforming Use: -•
Community Facilities
Bars
junk or Salvage Business
Public Storage (including mini-storage}
facilities
Manure Fertilizer Business
Contractor's Yard
Zoning
Uses That May Constitute Legal
Nonconforming Use �Cont.):
• Residences located o►rtside of the H overlap Zone
• Freight Terminals, Solid Waste Facilities,Truck
Terminals,Transportation-Related IIse,or Hasardous
Waste Facilities located outside of the T Overlap Zone
• Commercial ar Retail IIses located outside of the C-1
ar C-Z Overlap Zones
• Slaughtering located outside of the S Overlay$one
• Rendesing Plants located outside of the R Overlap
Zone
• Fueling Stations located outside of the C-l,C-Z oat T
Overlap Zones
1
Zonln
Changes to the Development and
Performance Standards.
rke,Explosion,and Environmental Hazards. All storage of,and
activities involving,hazardous,flammable,or explosive materials
shall be provided with adequate safety devices against the hazard of
fire and explosion and with adequate fire-fighting and fire-
suppression equipment and devices that meet the standards and
requirements of the Vernon Fire Department,as such standards and
requirements may change from time to time.The storage of or
activities involving acutely hazardous materials above the exempt
amount,as established by the State of California Fire Code,shall not
be permitted within five hundred(500) feet of the outside property
line of a school site for students grades kindergarten through twelfth
(121h) grade.
Zoning
Changes to the Development and
Performance Standards (cont.):
Removal of the following provision
Truck Emissions.Upon a Change of Use or the occurrence of an
event described in Table 26.5.3-3 that requires compliance with
the Development Standards, no truck is permitted to idle for
more than five minutes while parked or queued on the Lot. At
warehouse and industrial Lots receiving refrigerated trailers,
electrical receptacles shall be installed so that the trailer's
refrigeration unit may be plugged in when parked at the loading
dock.
11/25/2014
Zoning
Changes to the Development and
Performance Standards (cant.):
Minimum Lot Size. Except in the C-1 and C-2 Overlay Zones,
no new Lot shall be established for any use in the I Zone
unless the Lot is at least one acre in size and complies with
Code Section 28.28,"Lots to Conform to Minimum
Requirements:'
• Trash Enclosures. All trash disposal areas shall be enclosed
on three(3)sides, shall have two (2)blocl�walls and one(1)
lockable gate.The gate's overall height shall be a minimum of
six(6)feet;its overall width shall be a minimum of eight(8)
feet.All block walls shall be a minimum six(6)feet tall
Zoning
C 1- overlay zone
Uses That May Be Permitted by Minor Conditional
Use Permit
Commercial or Retail IIses.
° Fueling stations.
• Incidental Use, including the right to sell at retail, and
Ancillary Retail IIse.
_ • IIses permitted with a Minor Conditional IIse Permit i
the I Zone.
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Zoning
10
C2- Overlay zone
Uses That May Be Permitted by Right
Uses permitted of right in the I Zone.
Zoning
C2- Overlay zone
Uses That May Be Permitted by Minor Conditional
Use Permit
Commercial or Retail Uses.
Fueling Stations.
• Incidental Use, including the right to sell at retail, and
Ancillary Retail Use.
IIses permitted with a Minor Conditional Use Permit in
the I Zone.
1
Zoning
Development Standards and Site
Planning Standards.
No new Lot shall be established or approved for
any use in the C-1 and C-2 Overlay Zone unless
the Lot is at least twenty-five thousand (25,000)
square feet in size and complies with Code
Section 28.28.
At least five percent (5%) of the gross square
footage of lots in the C-2 Overlay Zone shall
have Landscaping visible from the Street.
Zoning
Truck and Freight Terminal (T) Overlay
Zone.
All uses permitted in the I Zone with a
Conditional Use Permit are also permitted in the
T Overlay Zone with a Conditional Use Permit.
Hazardous Waste Facilities
Solid Waste Facilities.
• Fueling stations.
• Lots encompassing one (1) acres or more of area
may be used for a Freight Terminal,Truck
Terminal or Transportation Related Use.
11/25/2014
Zoning
Reduction in Required Park:ag Spaces.The required cumber ofoff-street
Parking Spaces maybe reduced by Outdoor Storage cad Activities if a
parking demand study,prepared by aCalifornia-licensed traffic engineer or
other qualified professional,is completed specific to the project site cad the
Permitted IIse,and further provided that the study fords that the project site
has excess Parking Spaces beyond the Permitted IIse's need;such study most
be approved by the Director.Where required off-street parking is reduced to
allow for Outdoor Storage cad Activities,Outdoor Storage cad Activities shall
only occupy surplus oS street parking fa the amount indicated by the parking
demand study,cad only so long as the actual parking need for the Permitted
IIse as identified is the parking study continues to be met.No Buildings or
Structures shall be constructed in the approved Outdoor Storage cad
Activities areas that are replacing required oS street Parking Spaces. Anp
approved parking reduction shall apply only to the specific Permitted IIse
located oa the property and analyzed in the parking demand study. Any
subsequent or new use or tenant oa the subject property shall not be
permitted to utilize the area dedicated to Outdoor Storage and Activities
unless a new cad project-specific parking demand study is prepared as
stipulated is this Seetion 26.5.I-li(q),"Reduction in Required Parking Spaces,"
cad approved by the Director.
Zoning
Minor Conditional Use Permit.
Authority and Purpose. The Director shall have the
authority, subject to the provisions of the Chapter, to
grant a Minor Conditional Use Permit whenever the
Director finds the granting of a Minor Conditional Use
Permit is consistent with the requirements, intent, and
purpose of this Chapter. The purpose of a Minor
Conditional Use Permit is to allow proper integration of
uses into the community which may only be suitable in
specific locations or designed and constructed in a
particular manner or under certain conditions, but are of
a scale that would be less impactful than those that may
be permitted with a Conditional Use Permit.
11/25/2014
Zoning
13
Minor Conditional Use Permit.
I Zone:
Incidental Use.
Ancillary Retail Use
C1 or C-2 Zone:
Commercial or Retail Uses.
Fueling Stations.
Incidental IIse, including the right to sell at retail, and
Ancillary Retail Use.
Religious Uses.
Trade Schools.
Zoning
Temporary Use Permits are required for:
Contractors" Construction Site - Off Site
o Major Events- Arts and crafts events, flea and -
farmers markets,concerts, food markets,
carnivals, fairs, etc.
o Outdoor Sales event of product not normally
stored or produced on site.
� Seasonal Sales
r
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Zoning
Uses Exempt from Temporary Use Permits
c Construction Site offices
o Emergency Facilities
o First Amendment Protected Activities
- c Special Event Permitted Activities
Zoning
Outdoor Advertising Structures with
Digital Displays that are located within
two hundred (200) feet of the edge of the
Right-of--way of the I-T 10 freeway and
are designed to be primarily view from
the I-Y10 freeway are subject to certain
standards will be permitted subject to
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development agreement
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F.r.—d
Driv p Window
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