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20151020 Regular City Council Meeting - Packet California Public Records Act ("PRA"): In compliance with the PRA, the documents pertaining to agenda items, including attachments, which are presented to the City Council in open session are available for public inspection. They may be inspected during regular business hours in the Office of the City Clerk at Vernon City Hall, 4305 Santa Fe Avenue; Vernon, California 90058, no appointment necessary, and on the City's website at www.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 Office of the City Clerk at (323) 583-8811. Notification of at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. Agenda City of Vernon Regular City Council Meeting �F,YE�,�, Tuesday, October 20, 2015, 9:00 a.m. Council Chamber 4305 Santa Fe Avenue y Vernon, California W. Michael McCormick, Mayor arVXLY irs9v William J. Davis,Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Yvette Woodruff-Perez, 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. If you would like to comment concerning a matter that is noticed for a public hearing today, please wait until that hearing is formally opened before making your comment. PRESENTATIONS 1. Personnel Matters - Service Pin Awards. September 2015 Anniversary Employee Name Job Title Years 1. Daniel Santos Police Sergeant 20 2. Christopher Delgado Metering Technician 15 3. Irene Castillo Senior Account Clerk 15 Regular City Council Meeting Agenda October 20, 2015 2. A Proclamation of the Mayor and the City Council of the City of Vernon commending Teresa McAllister for her dedicated service to the City of Vernon. 3. A Proclamation of the Mayor and the City Council of the City of Vernon commending Police Canine Officer Donald Vanover and Police Canine Rico for their dedication and service to the citizens of Vernon as a member of the Vernon Police Department. 4. A Proclamation of the Mayor and the City Council of the City of Vernon commending Police Canine Officer Kent Stevenson and Police Canine Roy for their dedication and service to the citizens of Vernon as a member of the Vernon Police Department. 5. A Proclamation of the Mayor and the City Council of the City of Vernon commending C.R. Laurence Co., Inc. for their economic contribution to the City of Vernon and the surrounding communities. 6. Los Angeles Economic Development Corporation (LAEDC) Most Business Friendly City Finalist Recognition. 7. Verdugo Fire Communications Center. PUBLIC HEARINGS 8. Public comment on the establishment of Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage (over 200 kV) transmission entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff. A Resolution of the City Council of the City of Vernon establishing a Transmission Revenue Balancing Account Adjustment for 2016 in accordance With Vernon's Transmission Owner Tariff and providing for tariff sheet changes to implement the adjustment. Recommendation: (Items A-D) A. Find that the establishment of a new Transmission Revenue Balancing Account Adjustment (TRBAA) 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 B. Conduct a Public Hearing; and C. Approve the Resolution establishing a New Transmission Revenue Balancing Account Adjustment for 2016 which: 1. Adopts the newly calculated TRBAA of a positive $411; 2. Adopts the replacement of the existing TRBAA of positive $12,458 with the new TRBAA for 2016 of a positive $411; Page 2 of 9 Regular City Council Meeting Agenda October 20, 2015 3. Adopts the attached revised Appendix I of Vernon's TO Tariff reflecting the TRBAA of positive $411; and D. Authorize outside counsel to submit the City of Vernon's TRBAA and supporting documentation to the Federal Energy Regulatory Commission(FERC) on behalf of the City of Vernon. 9. Public comment on the establishment of Vernon's new Existing Transmission Contract Adjustment for its high voltage (over 200 kV) transmission entitlements (all located outside the City) pursuant to Vernon's Transmission Owner Tariff. A Resolution of the City Council of the City of Vernon adopting a new Transmission Revenue Requirement for 2016 in accordance with Vernon's transmission owner tariff and providing for tariff sheet changes to implement the adjustment. Recommendation: A. Find that the establishment of a new Transmission Revenue Requirement (TRR) associated with Vernon's high voltage entitlements 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 B. Conduct a Public Hearing; and C. Approve the Resolution, pursuant to the Transmission Owner Tariff, to be effective on January 1, 2016, for the establishment of the City's new TRR Transmission Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing the new TRR, as described in the Gas & Electric TRR Report dated on or about October 20, 2015; and D. Authorize outside counsel to submit the City's TRR, the amended Appendix I to the Vernon TO Tariff, and supporting documentation such as the TRR Report, to the Federal Energy Regulatory Commission(FERC) on behalf of the City of Vernon. 10. Public comment on Variance to Meredith Baer/Three Angels Investment LLC to create a lot less than one acre in size and less than 150 foot frontage. A Resolution of the City Council of the City of Vernon approving a variance to Meridith Baer from Section 26.4.1-8(G) of the Vernon City Code, for the property located at 4820 Everett Court. Recommendation: (Items A-C) A. Find that approval of the proposed variance is categorically exempt from review under the California Environmental Quality Act (CEQA) in accordance with Class 5, Section 15305 of the CEQA Guidelines, "Minor Alterations in Land Limitations," because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20% that does not result in any changes in land use or density. A Notice of Exemption will be prepared and filed with the County Clerk; and Page 3 of 9 Regular City Council Meeting Agenda October 20, 2015 B. Adopt a resolution approving a variance from Section 26.4.1-8 (g) which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size, subject to certain conditions, to Three Angels Investment, LLC for the property located at 4726 Everett Court; and C. Grant to Three Angels Investment, LLC a waiver from Section 28.28 (b) of the City Code that requires each lot to have a minimum frontage of 150 feet on a public street. 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 11. None. Warrant Registers 12. Approval of City Payroll Warrant Register No. 712, totaling $3,061,652.21, which covers the period of September 1, through September 30, 2015, and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $2,156,447.30; and B. Checks and electronic fund transfers (EFT) paid through General bank account totaling $905,204.91. 13. Approval of City Warrant Register No. 1434, totaling $1,604,324.38, which covers the period of September 29 through October 12, 2015, and consists of the following: A. Ratification of wire transfers totaling $1,263,971.75; and B. Ratification of the issuance of early checks totaling $249,812.45; and C. Authorization to issue pending checks totaling $90,540.18. 14. Approval of Light & Power Warrant Register No. 399, totaling $598,816.26, which covers the period of September 29 through October 12, 2015, and consists of the following: A. Ratification of wire transfers totaling $498,450.70; and B. Ratification of the issuance of early checks totaling $23,551.24; and C. Authorization to issue pending checks totaling $76,814.32. 15. Approval of Gas Warrant Register No. 187, totaling $133,049.11, which covers the period of September 29 through October 12, 2015, and consists of the following: Page 4 of 9 Regular City Council Meeting Agenda October 20, 2015 A. Ratification of wire transfers totaling $112,435.83; and B. Ratification of the issuance of early checks totaling $19,429.42; and C. Authorization to issue pending checks totaling $1,183.86. City Administration Department 16. Council Conference Attendance Report. Recommendation: A. Receive and file the Council Conference attendance report to the League of California Cities Annual Conference and Expo. Fire Department 17. Activity Report for the period of September 16 through September 30, 2015, to be received and filed. Health and Environmental Control Department 18. September 2015 Monthly Report,to be received and filed. Police Department 19. Canine Retirement and Purchase/Transfer Agreement. Recommendation: A. Find that approval of the proposed 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 B. Authorize the execution of a police canine purchase/transfer agreement, in substantially the same form as submitted with the staff report, to be conveyed to Kent Stevenson; and C. Authorize the execution of a police canine purchase/transfer agreement, in substantially the same form as submitted with the staff report, to be conveyed to Donald Vanover; and D. Authorize the City Administrator to execute the agreements on behalf of the City, in substantially the same form as submitted herewith. 20. Activity Log and Statistical Summary of Arrests and Activities for the period of September 16, through September 30, 2015,to be received and filed. Page 5 of 9 Regular City Council Meeting Agenda October 20, 2015 Public Works, Water, and Development Services Department 21. September 2015 Monthly Building Department Report, to be received and filed. NEW BUSINESS Fire Department 22. Approval to Purchase One (1) Paramedic Rescue Ambulance for the Fire Department. Recommendation: A. Find that approval of the proposed purchase 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 B. Approve the purchase of one (1) Paramedic Rescue Ambulance from Leader Industries in the amount of $164,882.82, and authorize the Purchasing Department to issue a purchase order to Leader Industries to replace the current 2001 Paramedic Rescue Ambulance that no longer meets the needs of the department. Gas and Electric Department 23. A Resolution of the City Council of the City of Vernon approving and adopting the Vernon Gas & Electric Department Resource Adequacy Plan for 2016,which includes the peak demand forecast, the planning reserve margin,the qualifying capacity criteria and the qualifying capacity from such resources,city's resource adequacy and supply data and approves the resources used to satisfy the California Independent System Operator's Tariff Requirements. Recommendation: (Items A-C) A. Find that the approval of the City of Vernon Gas &Electric Department Resource Adequacy Plan for 2016 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 B. Approve the Resolution establishing the City of Vernon Gas & Electric Department Resource Adequacy Plan for 2016 that adopts: 1. The approval of the coincident peak Demand Forecast for 2016; 2. The approval to retain the same 15%Reserve Margin for planning purposes; 3. The approval of the Qualifying Capacity Criteria that will be used for determining qualifying resource types and the Qualifying Capacity from such resources; 4. The approval of the City's annual and monthly Resource Adequacy and Supply data; Page 6 of 9 Regular City Council Meeting Agenda October 20, 2015 5. The approval of the Resource Adequacy resources that will be counted on to satisfy the City's Local Capacity Requirement and Flexible Resource Adequacy Capacity Requirement for 2016; and C. Authorize staff to submit the City of Vernon Gas & Electric Department's Resource Adequacy (RA)Plan for 2016 and the Monthly Resource Adequacy and Supply data to the CAISO. Human Resources Department 24. _Adoption of New City of Vernon Personnel Policy and Procedures,Criminal Background and Live Scan Policy I-13, Tattoo and Body Piercing Policy I-16,Alcohol and Drug-Free Workplace Policy III-1, Tardiness Policy III-4, and Administrative Manual Policies, Electronic Equipment and Systems Use Policy 5.1 and Mobile Communication Device Use Policy 5.2. Recommendation: A. Find that approval of the proposed administrative and personnel policy and procedures are exempt from California Environmental Quality Act (CEQA) review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment,and therefore does not constitute a"project"as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project,because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the new Personnel Policy and Procedures, Criminal Background and Live Scan Policy I- 13, Tattoo and Body Piercing Policy I-16, Alcohol and Drug-Free Workplace Policy III-1, Tardiness Policy III-4, and Administrative Manual Policies, Electronic Equipment and Systems Use Policy 5.1 and Mobile Communication Device Use Policy 5.2 and incorporate into the Personnel Policies and Procedures Manual and Administrative Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policies to all employees. 25. Goals and Accomplishments of the Human Resources Department. Recommendation: A. Find that the update on the goals and accomplishments of the Human Resources Department is exempt from California Environmental Quality Act ("CEQA") review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Furthermore,even if it were a project,because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3),the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Receive and file the report. Page 7 of 9 Regular City Council Meeting Agenda October 20, 2015 Public Works, Water and Development Services Department 26. Change Order No. 2 to Contract No. CS-0533, General Pump Company. Recommendation: A. Find that Change Order No. 2 for the installation of a 4-inch Swage Patch at Production Well No. 16, is exempt under the California Environmental Quality Act(CEQA)in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency's determination; and B. Ratify the approval of Change Order No.2 to Contract No. CS-0533 with General Pump Company, Inc., expanding the services to include the installation of a 4-inch Swage Patch at Production Well No. 16, at a not-to-exceed cost of$10,850.00. DISCUSSION ITEMS AND POSSIBLE DIRECTIVES TO STAFF 27. Options for City Housing Remodeling Project (continued). ORAL REPORTS 28. City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. 29. City Council Reports—brief report on activities, announcements, or directives to staff. CLOSED SESSION 30. PUBLIC EMPLOYEE APPOINTMENT Government Code Section 54957(b)(1) Title: Interim Director of Human Resources 31. CONFERENCE WITH REAL PROPERTY NEGOTIATORS Government Code Section 54956.8 Property: 3200 Fruitland Ave Vernon Agency Negotiator: Mark Whitworth,City Administrator/Alex Kung,Economic Development Manager Negotiating Party: Fruitland Owner LLC, A Delaware Limited Liability Company(COX) Under Negotiation: Amendment to Price and Terms of Assignment and Assumption of Purchase and Sales Agreement Page 8 of 9 Regular City Council Meeting Agenda October 20, 2015 ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall,located at 4305 Santa Fe Avenue, Vernon, California, and on the City's website,not less than 72 hours prior to the meeting set forth on this agenda. Dated this 15th day of October 2015. By: Maria E. Ayala City Clerk Page 9 of 9 RECEIVED RECEIVED � �Y OCT 06 2015 OCT 012015 CITY CLERIC'S OFFICE STAFF REPORT CITY ADMIN TRAT#QN HUMAN RESOURCES DEPARTMENT DATE: October 20, 2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister,Director of Human Resources Department Originator: Veronica Avendano,Administrative Secretary RE: Service Pin Awards for September 2015 Recommendation A. City Council to present service pins to those employees hired in September. Background Submitted herewith lists the employees who are eligible to receive their service pin based on the number of service years with the City of Vernon. Fiscal Impact None. Attachment(s) 1. September 2015 Service Pin employee list. Page 1 of 1 V) W N r Lr) ►� O O O co l_fl O Q I N ON Qo ON W a H [--� 4 � � v �j FIT bD o P-I m °c° aj u O y > W Lr) r' z o W N � F 94 d ^ V V I--I �i., V U 4! N W W U) U) U U WA > z z0 Q W � a ° � o cz u o u v Jr I 'rt�# T A PROCLAMATION OF THE AM YOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING TERESA MCALLISTER FOR HER DEDICA TED SERVICE TO THE CITY OF VERNON I#'HERD-IS, Teresa AL Allister has faithfuNy seined the Cite of I,'enron as the Director of Human Resources for over threeyears during a transformational fime in the Cio s history;and II%HEREAS, Teresa Alt- llister will reline from the Gi v of I'ermn effective October 29, 2015;and II'WERE-IS, Teresa Me Mister .has been an integral member of the Qy's executive team and has success full fulfilled a number of kq,elements of the Qy;good governance inform measures through the creation of a full-senice.proactive, and professional Human Resources Department, the development of collaborative working relationships with the Cif S six new and ea7sting employee bargaininggroups, and the coordination of a comprehensive, citywide classification and compensation stud_}performed by an in jim;and jI-'HERE As, Teresu 111c_ 3llister leas worked diligently to improve employee morale tbrougi�ozrt the City through the development and reestablishment o f various events and programs celebrating and reLngnil ng the valuable service and ioniribulions of Cit, of I emon employees;and II'HERE-IS, Teresa AL-Mister, through the establishment of a new personnel policies and prrrcedures manual, regular employee in formalzonal meetings, and extensiz-e employee training and development opportunities, all rooted in best municipal practices, has establisbed a solid foundation for the Human Resouries Department to build upon Zn future years,-and 1177IERF-45, during her long and distinguished career in Fluman Resources and her recent}Pars with the Czt}!of I'enran, Teresa A1c-311ister has won the deepest re3pec7 of her c-olleagues through her contributions and leadership to the City;and ff'HERE 3S, the Major and the Ci f, Coum l a f the GO,of I 'ernon, on behalf of its employees, residents and businesses, wish to ivnvvend and thank Teresa AL..- 3llister for her invaluable service to the City and invite recognition of her contributions and achiep ements. 1\OI1'; THEREFORE, THE MAI'OR_-'L D THE CM-COUNCIL OF THE CM'OF i 'ERl'\ON, ON BEHALF OF ITS EMPLOYEES, RESIDEA'TS AND BUSINESSES HEREBY COMMEND TERESA A1C-ILLISTER FOR HER DEDICATED SERVICE TO THE CITY OF I 'ERti'ON. THIS PROCL.-11 ATI0N IS BEING PRESENTED TO TERESA AIC1 LUSTER BY THE HONOR-3BLE ALA YOR V A1ICH`AEL AICCORAIICI:FOR_-11ND ON BE ILF OF THE CITE'COU CIL OF THE CITE`OF I 'ERa'\'Oj'\: THIS 20TH DAY OF OCTOBER TWO THOUS-IJ D-LND FIFTEEI\'. CJTY OF Z E-K ON B� �I'= �11IC11#.•#l.:L.11�.C :1#fCl�, Ala},or r RECEIVED OCT 1 3 2015 RECEIVED OCT 14 ;*,* . CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT VERNON POLICE DEPARTMENT L� DATE: October 20, 2015 TO: Honorable Mayor and Council Members FROM: Daniel Calleros, Chief of Police Dv RE: Canine Retirement Proclamation Recommendation The Police Department will conduct a presentation commending Police Canine Handlers Kent Stevenson and Donald Vanover for their commitment to the police canine program and recognize retired police canines "Rico' and"Roy." Background The Police Department Canine Program has been in place for well over eight years. Both canine service dogs, Rico and Roy have served the residents and businesses of Vernon for the past eight years. Canines Rico and Roy are over ten years of age and have reached the end of their service deployment age. In general,police canines are retired after about seven or eight years of service. Police canines are heavily trained and go through extensive physical activities during their service life. Over the past months,both canine handlers have noted decreased performance by both canines. Given the number of years of service, staff is recommending the retirement of both canines and to enter into an agreement with Kent Stevenson and Donald Vanover to provide good homes and continued care as Rico and Roy live out their retirement years. Fiscal Impact None Attachment(s) None ftity of Ito i A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING POLICE CANINE OFFICER DONALD VANOVER AND POLICE CANINE RICO FOR THEIR DEDICATIONAND SERVICE TO THE CITIZENS OF VERNON ASA MEMBER OF THE VERNON POLICE DEPARTMENT WHEREAS, on October 20, 2015, Police Canine Rico (`Rico')was retired from active duly after eigbtyears of exemplary service;and WHEREAS, Rico became a member of the Vernon Police Department in 2007;and WHEREAS, Rico earned the designation of a certified police canine tracking and narcotics dog;and WHEREAS, Rico was involved in over 900 canine search deployments and located items of evidence;and WHEREAS, Rico has won awards in competitions at K9 Trials,from the Riverside Sheriff s Department;and WHEREAS, due to Rico's age and numerous hours of training, it has became dicult for him to meet the demands of a police canine;and WHEREAS, Police Canine Officer Donald Vanover and Canine Rico have courageously provided eigbtyears of police protection to members of this community, and surrounding law enforcement agencies;and WHEREAS, the Mayor and the City Coundl of the City of Vernon, on behalf of its employees, residents and businesses, wishes to commend and thank Police Canine Rico and Police Canine Olcer Donald Vanover for their many years of service to the City and invite recognition of Their contributions and achievements. NOW, THEREFORE, THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND B USTNESSES HEREBY COMMENDS POLICE CANINE OFFICER DONALD VANO TIER AND RECOGNIZES POLICE CANINE RICO. THIS PROCLAMATION IS HEREBY PRESENTED TO POLICE CANINE OFFICER DONALD VANOVER BY THE HONORABLE MAYOR W. MICHAEL MCCORMICK FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF VERNON THIS 20TH DAY OF OCTOBER TWO THOUSAND AND FIFTEEN EEN. C1 TY OF I E NON I3}. "ZW7. MICIL E'L h?C:C(]RMI K Mayor of ver A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING POLICE CANINE OFFICER KENT STEVENSON AND POLICE CANINE ROYFOR THEIR DEDICATIONAND SERVICE TO THE CITIZENS OF VERNON ASA MEMBER OF THE VERNON POLICE DEPARTMENT WHEREAS, on October 20, 2015, Police Canine Roy ("Roy')was retired from active duty after eightyears of e emplary service;and WHEREAS, Roy became a member of the Vernon Police Department in 2007;and WHEREAS, Roy earned the designation of a certified police canine tracking and narcotics dog;and WHEREAS, Roy was involved in over 900 canine search deployments and located items of evidence;and WHEREAS, Roy has won awards in competitions at K9 Trials,from the Riverside Shenfs Department and Ventura Police Department;and WHEREAS, due to Rays age and numerous hours of training it has become dif cult for him to meet the demands of a police canine;and WHEREAS, Police Canine Ofcer Kent Stevenson and Canine Roy have courageously provided eightyears ofpolice protection to members of this community, and surrounding law enforcement agencies;and WHEREAS, the Mayor and the City Council of the City of Vernon, on behalf of its employees, residents and businesses, wishes to commend and thank Police Canine Roy and Police Canine Ofcer Kent Stevenson for their manyyears of service to the City and invite recognition of their contributions and achievements. NO W, THEREFORE, THE MAYOR AND THE CITY CO UNCIL OF THE CTIY OF VERNON, ON BEHALF OF ITS EMPLOYEES, RESIDENTS AND BUSINESSES HEREBY COMMENDS POLICE CANINE OFFICER KENT STE VENSON AND RECOGNIZES POLICE CANINE ROY. THIS PROCLAMATION IS HEREBY PRESENTED TO POLICE CANINE OFFICER KEN7 STE VENSON BY THE HONORABLE MAYOR WYl MICHAEL MCCORMICK FOR AND ON BEHALF OF THE CITY COUNCIL OF THE CITY OF VERNON THIS 20TH DAY OF OCTOBER TIRO THOUSAND AND FIFTEEN CITY OF VEkNOI W UIC,HAE.L MCCO&VIIC F, Mayor 4 J RECEIVED OCT 15 2015 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: October 20, 20t5 TO: Honorable Mayor and City Council FROM: Mark C. Whitworth, City Administrator Originator: Alex Kung, Economic Develop ger RE: Proclamation for C.R. Laurence Co., Inc. Recommendation Approve and present a proclamation to C.R. Laurence Co., Inc. for their economic contribution to the City of Vernon and the surrounding communities. Background Headquartered in Vernon, C.R. Laurence Co., Inc. has been a leading manufacturer and distributor of custom hardware products and supplies to the glass and glazing industry. The family owned company was first located in Vernon in 1975 with $250,000 in sales, and has since grown to 42 locations throughout North America, Europe, and Asia, with 1,700 employees and current annual sales of $570 million. With over one million square feet of land in the City of Vernon, C.R. Laurence has contributed to the economic vitality of Vernon and the surrounding communities. For the past two years, the Los Angeles Business Journal has recognized the company as one of the top 100 Fastest Growing Private Companies in Los Angeles County. C.R. Laurence was recently acquired by Oldcastle Building Envelope, a subsidiary of Irish building giant CRH Group, for $1.3 billion, Chief Executive Donald Friese will continue to lead C.R. Laurence after the sale and the company will remain headquartered in Vernon. Mayor McCormick will present this proclamation to C.R. Laurence on behalf of the City of Vernon at the city council meeting on October 20th. Fiscal Impact There is only a nominal cost associated with this item, which is covered by the Industrial Development supply budget. Attachment(s) None. f�j/ pit J 'y f i A PROCLAMATION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF VERNON COMMENDING C.R. LA URENCE CO., INC. FOR THEIR ECONOMIC CONTRIBUTION TO THE CITY OF VERNON AND THE SURROUNDING COMMUNITIES [1 HERF IS, C.R Laurence Co., Inc: has been a fami� owned business headquarfered in the Ciy of T'ernon Contributing to the economic vitaliy of the Ciy of T 'ernon since 1975;and 11'HF_RT LS, C:R Laurence Co., Im: is a leading man.uIa turerand distributor of custorl7 hardware pmduas and supplies to the glas s and glaring industry,-and 11"HERL--IS, C.R Laurence Co., Inc. started in 1882 with one location and has sincegrown to 42 locations throughout North_=lmerica, Europe, and_-lsia with 1,700 empigees and cun-nt annual sales of$ 70 million;and 11,71F_RF-IS, CR Laurence Co., Inc. was recognitied by the Los Angeles Business Journal as one of the top 100 Fastest Growing Private Companies for the past two years;and 11'IIF.R_F_-IS, CR. Laurence Co., Inc. was recently acquired by Old wile Building F_utelape for V.3 billion;and IFHERF-IS, CA Laurence Co.,Inc. is led by Donald E. Friese who will continue to seine as Chief Etecutim Ojic er;and 11'HERF-IS, upon the sale of CR Laurence Co., Inc: ?IIr. Ftiese disbursed appro imate) 80 million in bonus payouts to C.R_ Laurence employees as a token of his appreciation;and I['HERL -IS, CR Laurence Co., Inc. owns over one million square fret of land in the City of T ernon and will relllain headquarteled in I'ernon;and 11'fIERL IS, C.R Laurence Co., Inc: was recent] honored by Califoniia Senator Ricardo Lora as a recipient of the '2015 Excellence in Business_-Huard';•and I1'HERE.-is, CR Laurence Co., Inc. is a tnm--Illierican success story thal exemplifies the "I'el7lon Means Business"motto;and I1'HF_RF 4S, 1he Mayor and the Ci y Council o f the GO.,of I 'ernon, on behalf of its employees, residents and businesses, wishes to commend CR Laurence Co., Inc.for their economic colih bution to the Cly of I'ernon and the srrnl7undlllg c011llnll/lltres. NOII-; THEREFORE, THE At--I YOK_-LN D THE MY CO l\CIL OF THE CITY OF T'ER10,`, ON BEH.=RF OF ITS EAi PLO Y EES, RESIDE\TS--IND BUSPN ESSES HEREBY'COA1RlENDS C.R. L-IURE\CE CO., INC. L' RECOGAITION OF ITS COAL LED GRO117H-AND SUCCESS. THIS PRO CL=IAL-ITIO\'IS HERF_BY'PRE SEA—IT D TO CR L..-IURE NCE CO., LNC. BY THE HO\'OR--IBLF_ <11-IYOR 11-MICH-IEL_11CCOR11IC1:FOR-=L\'D ON BF_If_-11F OF THE CITY' COU- CIL OF TT IE CITY'OF I £R\-OX THIS 20'" D_-I�'OF 0CTOBF_R TI1-U TH0US-LVD_ IN D IJFIT_'E\. CITY'OFI 'F_R\O\' fay. If" A11C1 L-IFL 111CCOR1IICti._11aJ,or- } y� v RECEIVED RECEIVED OCT 15 2015 OCT 13 2015 CITY CLERIC'S OFFICE STAFF REPORT CITY ADMINISTRATION FIRE DEPARTMENT h DATE: October 20, 2015 TO: Honorable Mayor and City Council FROM: Michael A. Wilson, Fire Chietinistrative Originator: Adriana Ramos, Secretary RE: Verdugo Fire Communications Center Presentation Recommendation Executive Administrator, Don Wise of Verdugo Fire Communications Center to provide a brief presentation on the benefits of Verdugo dispatch center. Background The Verdugo Fire Communications Center was established August 1, 1979, when the founding cities of Burbank, Glendale, and Pasadena were faced with a number of concerns. They recognized a need for a single Fire/EMS communications center which would support mitigation of these issues. In 1996, the cities of South Pasadena and San Marino contracted for fire dispatch services, which added two more fire stations to the system and an increase of approximately 2,500 incidents per year. Eight more fire stations were added in 1999 when the cities of Monrovia, Arcadia, and Sierra Madre joined the Verdugo System, and in 2000 when San Gabriel was added. Ten additional stations were added when Monterey Park, Alhambra and Montebello joined the Verdugo System in February 2005, April 2006, and February 2009, respectively. In September 2011, the Burbank-Glendale-Pasadena Airport Authority(Bob Hope Airport) became the 13th agency to contract for Verdugo's dispatch services, bringing the total to 44 fire stations in the Verdugo System. The communications center is now considered a "regional" dispatch center due to its area of responsibility and coordination efforts. It serves as Area Coordinator(Area C) within Region I for State of California Mutual-Aid purposes. The center continues to be jointly overseen and managed by the Burbank, Glendale, and Pasadena Fire Chiefs. Fiscal Imaact None. Attachment(s) None. Page 1 of 1 4305 Santa Fe Avenue City of Vernon u. Vernon, CA 90058 �r (323) 583-8811 NOTICE OF TWO SEPARATE PUBLIC HEARINGS The City Council of the City of Vernon will conduct two public hearings, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Tuesday,October 20,2015 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) SUBJECTS: (1)To consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage(over 200 kV) transmission entitlements(all located outside the City) pursuant to Vernon's Transmission Owner Tariff,and (2)To consider evidence to establish Vernon's new Existing Transmission Contract Adjustment for its high voltage(over 200 kV) transmission entitlements(all located outside the City) pursuant to Vernon's Transmission Owner Tariff. REQUEST: All parties are invited to be present and to submit statements orally or in writing before or during the applicable public hearing REVIEW OF Subject documents are available for inspection by the public at THE FILE: Vernon City Hall, City Clerk Department,4305 Santa Fe Avenue, Vernon, California 90058, Monday through Thursday, 7:00 a.m. to 5:30 p.m. and on the City's website at: h :llwww.citv,-ofvemon.cr ovemrnentf ublic- meetin s/cite-council PROPOSED Staff plans to recommend that the Vernon City Council determine CEQA that the proposals will not have a significant effect on the environment and FINDING: are exempt from the California Environmental Quality Act(CEQA) If you desire to challenge the actions taken by the City Council or any portion thereof in court, you may be limited to raising only those issues you or someone else raised at the applicable hearings described in this notice or in written correspondence delivered to the City of Vernon during, or before,the hearings. The hearings may be continued or adjourned or cancelled and rescheduled to a stated time and place without further official notice of the public hearings. Dated. Carlos andino,Jr., Director of Verno as & F lectric RECEIVED OCT 13 2015 STAFF REPORT CITY ADMINISTRATION VERNON GAS & ELECTRIC DEPARTMENT DATE: October 20, 2015 TO: Honorable Mayor and City Council P1�3 � FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric Departme Originator: Abraham Alemu, Electric Resource Planning & Development Manager jointly with Spiegel & McDiarmid, Outside Counsel RE: Establishment of New Transmission Revenue Balancing Account Adjustment (TRBAA) for 2016 ("TRBAA" Report) Recommendation A. Find that the establishment of a new Transmission Revenue Balancing Account Adjustment (TRBAA) 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 B. Conduct a Public Hearing; and C. Approve the attached Resolution establishing a New Transmission Revenue Balancing Account Adjustment for 2016 which: 1) Adopts the newly calculated TRBAA of a positive S411; 2) Adopts the replacement of the existing TRBAA of positive $12,458 with the new TRBAA for 2016 of a positive $41 l; 3) Adopts the attached revised Appendix I of Vemon's TO Tariff reflecting the TRBAA of positive $411; and D. Authorize outside counsel to submit the City of Vernon's TRBAA and supporting documentation to the Federal Energy Regulatory Commission (FERC) on behalf of the City of Vernon. Backeround The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a Participating Transmission Owner ("PTO") in the California Independent System Operator Corporation ("ISO"). To participate in the ISO, PTOs are required to turn over administrative control of their Page 1 of 2 transmission facilities and entitlements to the ISO. In return, the ISO collects revenues for each PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to provide transmission services. The relationship between PTOs and the ISO is governed by a Transmission Control Agreement ("TCA"), which sets forth the specific duties and obligations of all PTOs. The TCA requires all PTOs to file a Transmission Owner Tariff ("TO Tariff') with the Federal Energy Regulatory Commission ("FERC"). Pursuant to Section 5.2 of the TO Tariff, Vernon updates its Transmission Revenue Balancing Account Adjustment ('`TRBAA") annually. The TRBAA is a tariff mechanism designed to ensure that all Transmission Revenue Credits ("TRCs") are flowed through to ISO open access transmission tariff ("ISO Tariff') customers via annual update filings at the FERC by PTOs. Appendix F, Schedule 3, Section 6.1(b), of the ISO Tariff describes the annual TRBAA calculation as "a dollar amount based on the projected Transmission Revenue Credits as adjusted for the true up of the prior year's difference between projected and actual credits." The attached TRBAA Report supports the establishment of a new TRBAA based on the requirements of the TO Tariff and the ISO Tariff. Fiscal Imaact There is no known fiscal impact. Attachment(s) I. City of Vernon Notice of Public Hearing to establish New Transmission Revenue Balancing Account Adjustment Page 2 of 2 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ESTABLISHING A TRANSMISSION REVENUE BALANCING ACCOUNT ADJUSTMENT FOR 2016 IN ACCORDANCE WITH VERNON' S TRANSMISSION OWNER TARIFF AND PROVIDING FOR TARIFF SHEET CHANGES TO IMPLEMENT THE ADJUSTMENT WHEREAS, the City of Vernon ("City") is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the City is a Participating Transmission Owner ("PTO") with the California Independent System Operator Corporation, a California nonprofit public benefit corporation ("CAISO") ; and WHEREAS, the CAISO requires a PTO to turn over operational control of its transmission facilities and entitlements to the CAISO; and WHEREAS, in return, the CAISO collects revenues for each PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to provide transmission services; and WHEREAS, the relationship between PTOs and CAISO is governed by a Transmission Control Agreement ("TCA") which sets forth the specific duties and obligations of all PTOs including the filing of a Transmission Owner Tariff ("TO Tariff") with the Federal Energy Regulatory Commission ("FERC") ; and WHEREAS, in order to ensure that all Transmission Revenue Credits are flowed through to CAISO' s open access transmission tariff ("CAISO Tariff") customers, the City annually updates its Transmission Revenue Balancing Account Adjustment ("TRBAA") by a dollar amount reflecting the proposed Transmission Revenue Credits adjusted for difference between projected and actual credits from the prior year; and WHEREAS, a Notice of Public Hearing was published on October 1, 2015, notifying all interested parties that a hearing to consider evidence to establish the City' s new TRBAA for 2016 was scheduled for October 20, 2015, at approximately 9 a.m. , subject to the hearing being continued or adjourned to a stated time and place without further notice of public hearing; and WHEREAS, a Public Hearing was held on October 20, 2015, in which the City Council took evidence from staff and those other persons in attendance who wished to be heard on the establishment of the City' s new TRBAA; and WHEREAS, the Gas & Electric Department has prepared a Report, with exhibits, dated on or about October 20, 2015 ("Report") , which determines the new TRBAA for 2016 to be consistent with the TO Tariff and supports the TRBAA and the changes to Appendix I of the TO Tariff to implement the new TRBAA effective January 1, 2016; and WHEREAS, the Gas & Electric Department has recommended that the TRBAA and Appendix I to the TO 'tariff implementing the new TRBAA be approved; and WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in consideration of the establishment of the City' s new TRBAA and revised Appendix I to the TO Tariff implementing the new TRBAA. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1: The City Council of the City of Vernon hereby - 2 - finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon finds that this action is exempt under the California Environmental Quality Act (CEQA) , 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 further finds and determines that all persons have had the opportunity to be heard or to file written comments to the proposed establishment of the City' s new TRBAA and amended Appendix I to the TO Tariff implementing the new TRBAA, and, after due consideration of any and all evidence submitted at the public hearing, determines that there are compelling reasons to justify the establishment of the City' s new TRBAA for 2016 and an amended Appendix I to the TO Tariff implementing the new TRBAA for 2016, a copy of which is attached hereto as Exhibit A and made a part hereof. SECTION 4 : The City Council of the City of Vernon hereby approves, pursuant to the TO Tariff and to be effective on January 1, 2016, the establishment of the City' s new TRBAA for 2016 and revised Appendix I to the TO Tariff implementing the new TRBAA for 2016, as described in the Report, a copy of which is attached hereto as Exhibit B and made a part hereof. SECTION 5: The City Council of the City of Vernon hereby authorizes outside counsel to submit the City' s new TRBAA for 2016, the revised Appendix I to the TO Tariff, and supporting documentation, such as the Report and this City Council Resolution, to FERC on behalf of the City of Vernon. 3 - SECTION & : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 20th day of October, 2015 _ Name: Title: Mayor ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: Kathar% lie M peg', Esq. Spiegel & McDiarmid, LLP Special Counsel to City 4 STATE OF CALIFORNIA ; ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 20, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 5 - EXHIBIT - A APPENDIX I (Revised; Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is $2,31�T2,97_3,047 and is comprised of the following components: ' Base TRR costs not subject to ETC Adjustment Clause: $498,480 ETC Adjustment Clause: Forecast SCE ETC Costs: $1.O9T- 12 2.575.200 Balance of Difference between prior year Forecast and Actual SCE ETC Costs: (S169.70c)95,370 Interest on Difference between prior year Forecast and Actual SCE ETC Costs: ($6.9845?62-7) The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year, plus the true-up (positive or negative) of the prior October through September SCE ETC Cost with interest calculated pursuant to 18 C.F.R. § 35.19a. The ETC Adjustment Clause will be recalculated annually and filed with the Commission with a proposed effective date of January 1 of each year. The TRBAA is a positive $412, --AL4 for calendar year 201�6. Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission Access Charge is 1,181,728 MWhs. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the Vernon City Council, and provided to the ISO. APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is $2,973,047 and is comprised of the following components: Base TRR costs not subject to ETC Adjustment Clause: $498,480 ETC Adjustment Clause: Forecast SCE ETC Costs: $2,575,200 Balance of Difference between prior year Forecast and Actual SCE ETC Costs: ($95,371) Interest on Difference between prior year Forecast and Actual SCE ETC Costs: ($5,262) The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year, plus the true-up (positive or negative) of the prior October through September SCE ETC Cost with interest calculated pursuant to 18 C.F.R. § 35.19a. The ETC Adjustment Clause will be recalculated annually and filed with the Commission with a proposed effective date of January 1 of each year. The TRBAA is a positive $411 for calendar year 2016. Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission Access Charge is 1,181,728 MWhs. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the Vernon City Council, and provided to the ISO. EXH� g�-� - B CITY OF VERNON GAS & ELECTRIC DEPARTMENT REPORT REGARDING THE ESTABLSHMENT OF A NEW TRANSMISSION REVENUE BALANCING ACCOUNT ADJUSTMENT FOR CALENDAR YEAR 2016 October 20, 2015 The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a Participating Transmission Owner ("PTO") in the California Independent System Operator Corporation ("ISO"). To participate in the ISO, PTOs are required to turn over administrative control of their transmission facilities and entitlements to the ISO. In return, the ISO collects revenues for each PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to provide transmission services. The relationship between PTOs and the ISO is governed by a Transmission Control Agreement ("TCA"), which sets forth the specific duties and obligations of all PTOs. The TCA requires all PTOs to file a Transmission Owner Tariff ("TO Tariff") with the Federal Energy Regulatory Commission ("FERC"). Pursuant to Section 5.2 of the TO Tariff, Vernon updates its Transmission Revenue Balancing Account Adjustment ("TRBAX) annually. The TRBAA is a tariff mechanism designed to ensure that all Transmission Revenue Credits ("TRCs") are flowed through to ISO open access transmission tariff ("ISO Tariff") customers via annual update filings at the FERC by PTOs. Appendix F, Schedule 3, Section 6.1(b), of the ISO Tariff describes the annual TRBAA calculation as "a dollar amount based on the projected Transmission Revenue Credits as adjusted for the true up of the prior year's difference between projected and actual credits." This Report supports the establishment of a new TRBAA based on the requirements of the TO Tariff and the ISO Tariff. SUMMARY Section 5.2 of the Vernon TO Tariff identifies the items to be reflected in the TRBAA TRBAA Report 2016 Page 2 of 5 and sets forth the procedure for revising the Transmission Revenue Balancing Account ("TRBA") on an annual basis, as follows: 5.2 Transmission Revenue Balancing Account Adjustment The Participating TO shall maintain a TRBA that will ensure that all Transmission Revenue Credits and the refunds, specified in Sections 6 and 8 of Appendix F, Schedule 3 of the ISO Tariff, flow through to transmission customers. The TRBAA shall be equal to: TRBAA = TRCF + TRCT+ I. TRCT = The balance representing the prior period difference between the projected Transmission Revenue Credits and the actual credits. TRCF = The forecast of Transmission Revenue Credits for the following calendar year. = The interest balance for the TRBA, which shall be calculated using the interest rate pursuant to Section 35.19(a) of FERC's regulations under the Federal Power Act (18 C.F.R. § 35.19(a)). Interest shall be calculated based on the average TRBA principal balance each month, compounded quarterly. Transmission Revenue Credits ("TRCs") are defined in Section 3.12 of the current Vernon TO Tariff as follows: 3.12 Transmission Revenue Credit: The sum of all revenues received by the Participating TO from the ISO for Wheeling service. The TRBAA is based on the balance in the TRBA as of September 30 of the current year and a forecast of the TRCs expected to be received in the following year. A summary of the elements of the Vernon TRBAA proposed to be effective January 1, 2016 is shown in Exhibit 1. It shows that the balance in the Vernon TRBA as of TRBAA Report 2016 Page 3 of 5 September 30, 2015, which reflects services rendered through June 30, 2015, is a debit of $1,446, including interest. TRCs are projected to be a credit of $1,035. Taken together, these items sum up to a TRBAA to be effective for the twelve months starting January 1, 2016 of a debit, or positive, balance of $411. All of the Vernon transmission entitlements that are reflected in Vernon's transmission rates and the TRBAA are high voltage facilities. Therefore, there is no need to allocate TRCs or other TRBAA components between high voltage and low voltage rates. CALCULATION OF THE NEW TRBAA The TRBAA is equal to the sum of: TRCF + TRCT+ I. The balance in the TRBA of a debit of $1,446 as of September 30, 2015 represents the sum of the TRCT and the I components. The TRCT Component of Vernon's TRBAA TRCT represents a balance that reflects the difference for the prior period between the projected TRCs and the actual credits. The prior period in this case is the twelve-month period starting October 1, 2014 and ending September 30, 2015. A summary of the determination of the September 30, 2015 balance in the Vernon TRBA is shown in Exhibit 2. The TRCT component reflects 1) the previously projected 2014 TRCs for Vernon of$13,331 or $1,110.92 per month, for the months October through December 2014, and 2) projected 2015 TRCs of$12,458 or $1,038.17 per month, for the months January through September 2015—both elements as reflected on Line No. 10 of Exhibit 2. Adjustments for actual payable TRCs reflecting high voltage wheeling revenues payable to the TO (i.e., Vernon) are reflected in Line 11 of Exhibit 2 and produce the under (over) collection figures for the monthly payable TRC balances reflected in Line 14 of Exhibit 2. The monthly balances are carried forward from month to month in Line 14 of Exhibit 2. Interest is calculated monthly (the I component) on the average monthly balance and is compounded quarterly into the monthly payable TRC valances pursuant to Section TRBAA Report 2016 Page 4 of 5 5.2 of the Vernon TO Tariff. The interest calculation for payable TRC balances is shown in Lines 16-20 of Exhibit 2. The TRBA balance on September 30, 2015 is shown in Line 25 of Exhibit 2. The I (Interest) Component of Vernon's TRBAA As discussed above, the I component reflects interest on payable balances and on payments for prior year TRCs. As provided in Section 5.2 of Vernon's TO Tariff, monthly interest carrying costs are calculated using the 18 C.F.R. § 35.19(a) interest rates and calculation method. These interest rates are published by FERC and reflect the prime rate values published in the Federal Reserve Bank's "Selected Interest Rates." The calculation of interest is reflected in Exhibit 2 and is included as an integral part of the calculation of the TRBA balance on September 30, 2015. It is not reflected as a separate line item in Exhibit 1. The TRCF Component of Vernon's TRBAA The TRCF component of Vernon's TRBAA stands for the forecast of TRCs for the following calendar year, in this case 2016. These forecast TRCs reflect projected wheeling revenues. Wheeling revenues, which correspond to ISO Charge Type 384, are projected to be a credit of$1,034.60, as shown in Exhibit 3. These projections are based on the accruals for services provided during the twelve- month period ending June 30, 2015, which are reflected in the ISO's invoices to Vernon through September 30, 2015. A summary of the monthly accruals for the twelve months ending September 30, 2015 is shown in Exhibit 4. TRBAA Report 2016 Page 5 of 5 RECOMMENDATIONS 1. Approve the newly calculated TRBAA of a positive $411, 2. Approve replacing the existing TRBAA of positive $12,458 with the new TRBAA for 2016 of a positive $411. 3. Approve the attached revised Appendix I of Vernon's TO Tariff reflecting the TRBAA of positive $411. 4. Authorize outside counsel to submit Vernon's TRBAA and supporting documentation, such as this Report and the City Council Resolution approving the new TRBAA to FERC. EXHIBIT - 1 TRBAA Report 2016 Exhibit 1 CITY OF VERNON TRANSMISSION REVENUE BALANCING ACCOUNT ADJUSTMENT (TRBAA) CALENDAR YEAR 2016 DESCRIPTION TOTAL Balance in TRBA on September 30, 2015 $1,446 including interest Forecast Transmission Revenue Credits ($1,035) TRBAA $411 Source: Line 9 Exhibit 2, Column N, Line No.25. Line 12 Exhibit 3, Column E, Line No.23. EXHIBIT - 2 )-- § 0( j ! [ R ! Mq§ § !! 3 [ ƒk ! 2q| § k ©-� ■ °m �\ §�a ■ §2 ƒ§ \ 2 C)!a Lu 0Z §Lu c - 2 IN - - �■� k � 2 ;5■ k ) \2 � 2 �k & & ■ R■ ; ��: , \`� \ o �/ cc }I � \ )§ ! § 7 \ | }§ \ (§\ \ \ EXHIBIT - 3 TRBAA Report 2016 Exhibit 3 CITY OF VERNON FORECAST TRANSMISSION CREDITS for Calendar Year 2016 TRBAA MONTH Wheeling Total January-16 ($8622) ($86.22) February-16 ($86.22) ($86.22) March-16 ($86.22) ($86 22) April-16 ($86.22) ($86.22) May-16 ($86 22) ($86.22) June-16 ($86.22) ($86 22) July-16 ($86.22) ($86.22) August-16 ($86.22) ($86.22) September-16 ($86.22) ($86.22) October-16 ($86.22) ($86.22) November-16 ($86.22) ($8622) December-16 86.22 86.22 Total ($1,034.60) ($1,034.60) EXHIBIT - 4 TRBAA Report 2016 Exhibit 4 Vernon Historical Transmission Credits for Calendar Year 2016 TRBAA Wheeling Revenues ISO INVOICE Month CT 384 Final Adjustments To& July-14 ($70.83) $ (34 79) ($105.63) August-14 ($75J2) ($4 96) ($80 68) September-14 ($48.74) $9 21 ($39 53) October-14 ($2.24) $16 61 $14.37 November-14 ($3.91) $2 60 ($1.32) December-14 ($28.77) $3.20 ($25 57) January-15 ($66.34) ($5.37) ($7171) February-15 ($26.70) $2 26 ($24.44) March-15 ($80.72) $0.00 ($80.72) April-15 ($115.54) ($20 95) ($136.49) May-15 ($309.60) ($32.55) ($342.15) June-15 ($142.81) $2.08 ($140.73) (s1.034.60) I„w City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323)583-8811 NOTICE OF TWO SEPARATE PUBLIC HEARINGS The City Council of the City of Vernon will conduct two public hearings,which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Tuesday,October 20,2015 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) SUBJECTS: (1) To consider evidence to establish Vernon's new Transmission Revenue Balancing Account Adjustment for its high voltage(over 200 kV) transmission entitlements(all located outside the City) pursuant to Vernon's Transmission Owner Tariff,and (2) To consider evidence to establish Vernon's new Existing Transmission Contract Adjustment for its high voltage(over 200 kV) transmission entitlements(all located outside the City) pursuant to Vernon's Transmission Owner Tariff. REQUEST: All parties are invited to be present and to submit statements orally or in writing before or during the applicable public hearing REVIEW OF Subject documents are available for inspection by the public at THE FILE: Vernon City Hall, City Clerk Department, 4305 Santa Fe Avenue, Vernon, California 90058, Monday through Thursday, 7:00 a.m, to 5:30 p.m. and on the City's website at: l_qV %%wk%,citvntiernon.�+r,' overnment;R4lh�l� meetings/city-council PROPOSED Staff plans to recommend that the Vernon City Council determine CEQA that the proposals will not have a significant effect on the environment and FINDING: are exempt from the California Environmental Quality Act(CEQA) If you desire to challenge the actions taken by the City Council or any portion thereof in court, you may be limited to raising only those issues you or someone else raised at the applicable hearings described in this notice or in written correspondence delivered to the City of Vernon during, or before,the hearings. The hearings may be continued or adjourned or cancelled and rescheduled to a stated time and place without further official notice of the public hearings. Da ted: Carl-4 andino, Jr., Director of Ve n Gras& Electric v RECEIVED y F RECEIVED �;*,1 ACT 13 2015 OCT 15 Za15 CITYpD�+lfl�lTRATIOI� CITY CLERK:WW'NON STAFFREPORTGAS & ELECTRIC DEPARTMENT - DATE: October 20,2015 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric Department Originator: Abraham Alemu, Electric Resource Planning & Develc merit Manager jointly with Spiegel & M e iarmid, Outside Counsel RE: Establishment of New Transrnimion Revenue Requirement(TRR) A oeiated with Vernon's High Voltage Entitlements ("TRR Report") Recommendation A. Find that the establishment of a new Transmission Revenue Requirement (TRR) associated with Vernon's high voltage entitlements is exempt under the California Environmental Quality Act (CEQA) in accordance with Section I5061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Conduct a Public Hearing; and C. Approve the attached Resolution, pursuant to the Transmission Owner Tariff, to be effective on January 1, 2016, for the establishment of the City's new TRR Transmission Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing the new TRR, as described in the Gas & Electric TRR Report dated on or about October 20, 2015; and D. Authorize outside counsel to submit the City's TRR, the amended Appendix I to the Vernon TO Tariff, and supporting documentation such as the TRR Report, to the Federal Energy Regulatory Commission(FERC) on behalf of the City of Vernon. Baelmround The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a Participating Transmission Owner ("PTO") in the California Independent System Operator Corporation ("ISO"). To participate in the ISO, PTOs are required to tum over administrative control of their transmission facilities and entitlements to the ISO. In return, the ISO collects revenues for each PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to Page 1 of 2 provide transmission services. These calculations are known as Transmission Revenue Requirements("TRRs"). The relationship between PTOs and the ISO is governed by a Transmission Control Agreement ("TCA"), which sets forth specific duties and obligations of all PTOs. The TCA requires all PTOs to file a Transmission Owner Tariff ('TO Tariff') and TRR with the Federal Energy Regulatory Commission ("FERC"). The TCA further requires all PTOs to file any changes in their TRRs with FERC. Each PTO must also include in its TO Tariff its Gross Load which the ISO uses to calculate its grid-wide Transmission Access Charge ("TAC") rates, and which is related to the City's ability to recover its full TRR. TRANSMISSION REVENUE REQUIREMENT At present, the City's high voltage transmission assets consist of three long-term contracts (known as "existing transmission contracts" or "ETCs") which provide the City with dedicated access to high voltage transmission facilities owned by other entities. Specifically, the City has contractual entitlements to utilize transmission assets pursuant to one long-term transmission contract with the Los Angeles Department of Water and Power ("LADWP") and two long-term transmission contracts with Southern California Edison ("SCE''). The ETCs with SCE consist of one (the "SCE Victorville-Lugo ETC" described in SCE's FERC Rate Schedule 360) providing 11 MW of transmission capacity along the path between the Victorville-Lugo midpoint and the point of interconnection with the City's internal transmission system (the "City Gate"), and one (the "SCE Mead ETC" described in SCE's FERC Rate Schedule 207) providing 26 MW of transmission capacity along the path between the Mead 230 substation and the City Gate. The costs of these ETCs make up the majority of the costs recovered through the City's TRR. Until recently, for each of the ETCs, the City paid the owner of the transmission facilities a fixed rate which was specific to the transmission path provided under each ETC. The attached TRR Report supports the establishment of a new transmission revenue requirement associated with Vernon's high voltage entitlements. Fiscal Impact The cost of Existing Transmission Service Contracts (ETC) incurred by the City will be recovered. Attachment(s) 1. City of Vernon Notice of Public Hearing to establish New Transmission Revenue Requirement Page 2 of 2 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON ADOPTING A NEW TRANSMISSION REVENUE REQUIREMENT FOR 2016 IN ACCORDANCE WITH VERNON' S TRANSMISSION OWNER TARIFF AND PROVIDING FOR TARIFF SHEET CHANGES TO IMPLEMENT THE ADJUSTMENT WHEREAS, the City of Vernon ("City") is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the City is a Participating Transmission Owner ("PTO") with the California Independent System Operator Corporation (' ISO") , and the Federal Energy Regulatory Commission ("FERC") has approved its existing Transmission Owner Tariff ("TO Tariff") ; and WHEREAS, the ISO reimburses the City according to the City' s current Transmission Revenue Requirement ("TRR") in return for the City turning over to the ISO the operation and control of the City' s transmission entitlements; and WHEREAS, each PTO must include in its TO Tariff its Gross Load, which the ISO uses to calculate its grid-wide Transmission Access Charge ("TAC") rates, and which is related to the City' s ability to recover its full TRR; and WHEREAS, the City' s transmission entitlements include rights under certain contracts (each an "ETC") including (i) an agreement with the City of Los Angeles Department of Water and Power entitled "Los Angeles-Vernon Adelanto-Victorville-Lugo Firm Transmission Service Agreement" (the "LAWDP ETC") ; (ii) an agreement with Southern California Edison Company ("SCE") entitled "Amended and Restated Edison-Vernon Victorville-Lugo Firm Transmission Service Agreement" (the "SCE Victorville-Lugo ETC") ; and (iii) an agreement with SCE entitled "Amended and Restated Edison-Vernon Mead Firm Transmission Services Agreement" (the "SCE Mead ETC") ; and WHEREAS, the City' s costs under the LADWP ETC, the SCE Victorville-Lugo ETC, and the SCE Mead ETC have traditionally been based upon a negotiated fixed "path-specific" rate charged by LADWP or SCE, based on the actual costs of the specific transmission lines made available under each ETC, multiplied by the amount of transmission capacity guaranteed to the City under each ETC; and WHEREAS, on August 1, 2008, SCE filed a petition with FERC seeking to amend the pricing structure under the SCE Victorville-Lugo ETC and the SCE Mead ETC to replace the negotiated path-specific rates set forth in those ETCs with a "postage-stamp" rate which reflects the blended rate SCE charges to the ISO for the actual usage of all of SCE' s transmission lines by customers of the ISO; and WHEREAS, the postage-stamp rate which SCE charges to the ISO is derived from SCE' s TRR and, therefore, will change each time SCE amends its TRR; and WHEREAS, on September 30, 2008, FERC accepted, subject to refund and hearing and settlement procedures, SCE' s proposed revisions under the SCE Victorville-Lugo ETC and the SCE Mead ETC to replace the negotiated path-specific rates set forth in those ETCs with a postage- stamp rate, and thus the City' s costs under the SCE Victorville-Lugo ETC and the SCE Mead ETC will vary proportionately with any changes in SCE' s TRR; and WHEREAS, the City reached a settlement agreement (the "SCE Settlement") with SCE to amend the SCE Victorville-Lugo ETC and the SCE - 2 - Mead ETC to replace the path-specific rates set forth in those ETCs with SCE' s postage-stamp rate after a phase-in period that began on August 1, 2009, during which the City' s path-specific rates in those ETCs are gradually stepped-up over three years (the "Phase-In Rates") until the path-specific rates are equal to SCE' s postage-stamp rate as of January 1, 2013; and WHEREAS, under the SCE Settlement, the City' s costs for the SCE Victorville-Lugo ETC and the SCE Mead ETC are equal to (i) from August 1, 2009, until December 31, 2012, the Phase-In Rates, and beginning on January 1, 2013, the SCE postage-stamp rate, in each case multiplied by (ii) the amount of transmission capacity guaranteed to the City under each ETC; and WHEREAS, FERC approved the SCE Settlement pursuant to an order issued September 11, 2009, 128 FERC 1 61, 237 (2009) , in FERC Docket Nos . ER08-1343-000, ER08-1353-000, ER09-187-000, ER09-187-001, EL09-19-000, and ER09-446-000 ("SCE Settlement Order") ; and WHEREAS, on behalf of the City, the Brattle Group, an experienced utilities consulting firm, developed a tracking mechanism for the City' s TRR ("TRR Tracking Mechanism") to allow the City' s TRR to be adjusted annually, effective January 1 of each year, to reflect changes in the City' s costs under the SCE Victorville-Lugo ETC and the SCE Mead ETC that change as a result of (i) the stepped-up rates implemented between August 1, 2009 and December 31, 2012; or (ii) any change in SCE' s TRR on or after January 1, 2013; and WHEREAS, on the basis of The Brattle Group' s analysis and evidence from City staff, which was considered during a public meeting of the City Council held on July 13, 2009, the City, on July 15, 2009 ("July 15 FERC Filing") , filed with FERC proposed revisions to its TO - 3 - Tariff proposing stated TRRs for each of the years 2010 to 2012, which dollar amounts were also included in the SCE Settlement ("TO Tariff Revisions") ; and WHEREAS, the City also submitted in the July 15 FERC Filing a request to utilize an "ETC Adjustment Clause" to adjust automatically each year the costs the City incurs attributable to any changes in SCE' s TRR associated with SCE' s High Voltage Existing Contracts Access Charge ("HVECAC") rate; and WHEREAS, FERC approved the City' s request to utilize an ETC Adjustment Clause to reflect annual projected changes to SCE' s TRR, in an order issued September 11, 2009, 128 FERC 1 61, 235 (2009) , in FERC Docket No . EL09-64-000 ("TO Tariff Order") ; and WHEREAS, under the TO Tariff Order, the City' s TO Tariff revisions went into effect on August 1, 2009; and WHEREAS, on January 6 2015, the City approved revisions to the template used to calculate the annual ETC Adjustment Clause; and WHEREAS, on April 8, 2015, FERC approved the City' s 2015 filing with FERC reflecting modifications to the base TRR as calculated using the revised ETC Adjustment Clause template; and WHEREAS, the City is required under the TO Tariff Order to submit annual filings with FERC reflecting modifications to the base TRR; and WHEREAS, a Notice of Public Hearing was published on October 1, 2015, notifying all interested parties that a hearing to consider evidence to establish the City' s new TRR was scheduled for October 20, 2015, at approximately 9 : 00 a.m. , subject to the hearing being continued or adjourned to a stated time and place without further notice of public hearing; and - 4 - WHEREAS, on October 20, 2015, the City Council held a Public Hearing in which the City Council took evidence from staff and those other persons in attendance who wished to be heard on the calculation of the City' s new TRR under the City' s amended TO Tariff; and WHEREAS, the TRR for 2016 is shown in the amended Appendix I to the TO Tariff, a copy of which is attached hereto as Exhibit A and made a part hereof; and WHEREAS, the Gas & Electric Department has prepared a Report, dated October 20, 2015, with exhibits, a copy of which is attached hereto as Exhibit B and made a part hereof, which reiterates its previous conclusions that the TRR and ETC Adjustment Clause mechanism developed by The Brattle Group, approved by FERC under the amended TO Tariff, and revised in 2015 are reasonable and which calculates the amount derived under the ETC Adjustment Clause for 2016; and WHEREAS, the Gas & Electric Department has recommended the City adopt the TRR shown in the amended Appendix I to the TO Tariff, attached as Exhibit A, to be effective on January 1, 2016; and WHEREAS, the City Council has heard and considered all evidence, written and oral, presented in consideration of the establishment of the City' s new TRR under the amended TO Tariff. 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 - 5 - environment . SECTION 3 : The City Council of the City of Vernon hereby further finds and determines that all persons have had the opportunity to be heard or to file written comments to the proposed adoption of the City' s TRR, and after due consideration of any and all evidence submitted at the Public Hearing, determines there are compelling reasons to justify the adoption of the City' s TRR and Gross Load, to be effective January 1, 2016. SECTION 4 : The City Council of the City of Vernon hereby declares that : (a) any determination made pursuant to this Resolution regarding the validity or reasonableness of any portion of any TRR or TO Tariff shall apply only prospectively from the date of this Resolution; and (b) in no way shall this Resolution affect the City Council' s adoption or determination of any previous TRR or TO Tariff. SECTION 5 : The City Council of the City of Vernon hereby approves, pursuant to the TO Tariff and to be effective on January 1, 2016, the establishment of the City' s new TRR and Appendix I to the TO Tariff implementing the new TRR, as described in the Gas & Electric Report dated October 20, 2015 . SECTION 6: The City Council of the City of Vernon hereby authorizes outside counsel to submit the City' s TRR, the amended Appendix I to the Vernon TO Tariff, and supporting documentation, such as the Report, and this City Council Resolution approving the new TRR, to FERC on behalf of the City of Vernon. / / 1 SECTION 7 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 20th day of October, 2015 . Name: Title : Mayor ATTEST: City Clerk /Deputy City Clerk APPROVED AS TO FORM: Katharine Mapes, Esq. Spiegel & McDiarmid, LLP Special Counsel to City - 7 STATE OF CALIFORNIA ) } ss COUNTY OF LOS ANGELES ) I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on October 20, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 8 - EXHIBIT - A APPENDIX I (Revised) Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is$2,2� '�z2,973,047 and is comprised of the following components: Base TRR costs not subject to ETC Adjustment Clause: $498,480 ETC Adjustment Clause: Forecast SCE ETC Costs: $',°Q�.1-2v2.575,200 Balance of Difference between prior year Forecast and Actual SCE ETC Costs: ($169.70995.371) Interest on Difference between prior year f Forecast and Actual SCE ETC Costs: ($6:994 5,262-7) The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year, plus the true-up (positive or negative) of the prior October through September SCE ETC Cost with interest calculated pursuant to 18 C.F.R. § 35.19a. The ETC Adjustment Clause will be recalculated annually and filed with the Commission with a proposed effective date of January 1 of each year. The TRBAA is a positive $42 -59411 for calendar year 20136. Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission Access Charge is 1,181,728 MWhs. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the Vernon City Council, and provided to the ISO. APPENDIX I Transmission Revenue Requirement and TRBAA The Vernon Base Transmission Revenue Requirement is $2,973,047 and is comprised of the following components: Base TRR costs not subject to ETC Adjustment Clause: $498,480 ETC Adjustment Clause: Forecast SCE ETC Costs: $2,575,200 Balance of Difference between prior year Forecast and Actual SCE ETC Costs: ($95,371) Interest on Difference between prior year Forecast and Actual SCE ETC Costs: ($5,262) The ETC Adjustment Clause is: The projected SCE ETC Cost for the next calendar year, plus the true-up (positive or negative) of the prior October through September SCE ETC Cost with interest calculated pursuant to 18 C.F.R. § 35.19a. The ETC Adjustment Clause will be recalculated annually and filed with the Commission with a proposed effective date of January 1 of each year. The TRBAA is a positive $411 for calendar year 2016. Vernon's Gross Load, consistent with its TRR, used by the ISO to develop the Transmission Access Charge is 1,181,728 MWhs. All of Vernon's transmission facilities and Entitlements placed under the ISO's Operational Control are High Voltage Facilities as defined by the ISO Tariff. The TRBAA will be recalculated annually consistent with the ISO Tariff approved by the Vernon City Council, and provided to the ISO. EXHIBIT - B CITY OF VERNON GAS AND ELECTRIC DEPARTMENT REPORT REGARDING THE ESTABLISHMENT OF A REVISED NEW TRANSMISSION REVENUE REQUIREMENT ASSOCIATED WITH VERNON'S HIGH VOLTAGE ENTITLEMENTS October 20, 2015 The City of Vernon ("Vernon" or "City") is a Scheduling Coordinator and a Participating Transmission Owner ("PTO") in the California Independent System Operator Corporation ("ISO"). To participate in the ISO, PTOs are required to turn over administrative control of their transmission facilities and entitlements to the ISO. In return, the ISO collects revenues for each PTO pursuant to calculations that reflect the expenses and capital costs incurred by each PTO to provide transmission services. These calculations are known as Transmission Revenue Requirements ("TRRs"). The relationship between PTOs and the ISO is governed by a Transmission Control Agreement ("TCA"), which sets forth specific duties and obligations of all PTOs. The TCA requires all PTOs to file a Transmission Owner Tariff ("TO Tariff') and TRR with the Federal Energy Regulatory Commission ("FERC"). The TCA further requires all PTOs to file any changes in their TRRs with FERC. Each PTO must also include in its TO Tariff its Gross Load which the ISO uses to calculate its grid-wide Transmission Access Charge ("TAC") rates, and which is related to the City's ability to recover its full TRR. TRANSMISSION REVENUE REQUIREMENT At present, the City's high voltage transmission assets consist of three long-term contracts (known as "existing transmission contracts" or "ETCs") which provide the City with dedicated access to high voltage transmission facilities owned by other entities. Specifically, the City has contractual entitlements to utilize transmission assets pursuant to one long-term transmission contract with the Los Angeles Department of Water and Power ("LADWP") and two long-term transmission contracts with Southern California Edison ("SCE"). The ETCs with SCE consist of TRR Report 2016 Page 2 of 6 one (the "SCE Victorville-Lugo ETC" described in SCE's FERC Rate Schedule 360) providing 11 MW of transmission capacity along the path between the Victorville- Lugo midpoint and the point of interconnection with the City's internal transmission system (the "City Gate"), and one (the "SCE Mead ETC" described in SCE's FERC Rate Schedule 207) providing 26 MW of transmission capacity along the path between the Mead 230 substation and the City Gate. The costs of these ETCs make up the majority of the costs recovered through the City's TRR. Until recently, for each of the ETCs, the City paid the owner of the transmission facilities a fixed rate which was specific to the transmission path provided under each ETC. On August 1, 2008, SCE proposed to increase its TRR and associated rates in FERC Docket No. ER08-1343-000. In a related filing submitted in FERC Docket No. ER08-1353-000, SCE proposed to transition both of its ETCs with Vernon from their current, fixed "path-specific" rates to a so-called "postage stamp" rate methodology which reflects the blended rate which SCE charges the ISO pursuant to its own TRRs for the actual usage of all of SCE's transmission facilities by customers of the ISO (the "HVECAC Rate"). The HVECAC Rate that SCE proposed in its TO Tariff is derived from SCE's TRR and, therefore, will change each time SCE amends its TRR. On September 30, 2008, FERC accepted, subject to refund and hearing and settlement procedures, SCE's proposed revisions to its TO Tariff to transition the negotiated path-specific rates set forth in the SCE Victorville-Lugo ETC and the SCE Mead ETC to the uniform HVECAC Rate, and thus the City's costs under those ETCs will vary proportionately with any changes in SCE's TRR. The City reached a settlement agreement (the "SCE Settlement") with SCE to amend the SCE Victorville-Lugo ETC and the SCE Mead ETC to fully transition the path-specific rates set forth in those ETCs to SCE's HVECAC Rate after a phase-in period that began on August 1, 2009, during which the City's path-specific rates in TRR Report 2016 Page 3 of 6 those ETCs have been gradually stepped-up under incrementally increasing fixed rates (the "Phase-In Rates") until the path-specific rates are equal to the HVECAC Rate as of January 1, 2013. FERC approved the SCE Settlement pursuant to an order issued September 11, 2009, 128 FERC ¶61, 237 (2009), in FERC Docket Nos. ER08-1343-000, ER08-1353-000, ER09-187-000, ER09-187-001, EL09-19- 000, and ER09-446-000 ("SCE Settlement Order"). On behalf of the City, The Brattle Group, an experienced utilities consulting firm, developed a TRR tracking mechanism clause for the City's TRR ("ETC Adjustment Clause"), which allows the City's TRR to be adjusted annually, effective January 1 of each year, to reflect changes in the City's transmission expenses associated with any changes implemented by SCE in the HVECAC Rate associated with the SCE Victorville-Lugo ETC and the SCE Mead ETC. On the basis of The Brattle Group's analysis and evidence from City staff, which was considered during a public meeting of the City Council held on July 13, 2009, the City, on July 15, 2009 ("July 15 FERC Filing"), filed with FERC the proposed (i) revisions to its TO Tariff proposing the City's stated TRRs for each of the years 2010 to 2012, which dollar amounts were also included in the SCE Settlement ("TO Tariff Revisions") and (ii) the ETC Adjustment Clause tracking mechanism. The July 15 FERC Filing acknowledged that, to the extent that the SCE Settlement was accepted, because the stated Phase-In Rates would be fixed, the ETC Adjustment Clause for the term of the Phase-In Rates would be zero. FERC approved the City's July 15 FERC Filing, including the TO Tariff Revisions, the City's proposed calculations of the TRR for years 2010 to 2012, and the City's request to utilize an ETC Adjustment Clause, in an order issued September 11, 2009, 128 FERC 161,235 (2009), in FERC Docket No. EL09-64-000 ("TO Tariff Order"). The City is required under the TO Tariff Order to submit annual filings each year with FERC reflecting annual modifications to the base TRR of the City. TRR Report 2016 Page 4 of 6 In January 2015, after the discovery of an accounting error in the template used to calculate the ETC Adjustment Clause, the City approved revisions to the template and submitted these revisions to FERC. On April 8, 2015, FERC approved the City's 2015 TRR filing as calculated using the revised ETC Adjustment Clause template. CALCULATION OF THE ETC ADJUSTMENT CLAUSE Section 5.3 of the Vernon TO Tariff identifies the items to be reflected in the ETC Adjustment. The ETC Adjustment Clause shall be calculated as: ETC Adjustment = ETCCF+ ETCCT+ I. ETCCF = The forecast of SCE ETC Cost for the following calendar year ETCCT = The balance representing the prior period difference between the projected cost of the SCE ETCs ("SCE ETC Cost") and the actual cost. I = The interest balance for the ETC, which shall be calculated using the interest rate pursuant to Section 35.19(a) of FERC's regulations under the Federal Power Act (18 C.F.R. 35.19(a)). Interest shall be calculated based on the average ETC true-up balance each month, compounded quarterly. A summary of the elements of the Vernon ETC Adjustment Clause proposed to be effective January 1, 2016 is shown in Exhibit 1. The ETC Adjustment Clause to be effective for the twelve months starting January 1, 2016 is $2,474,567. The ETCCF Component The ETCCF component stands for the forecast of SCE ETC costs for the following calendar year, in this case 2016. These forecast SCE ETC costs reflect 2016 rates from Southern California Edison Company's draft FERC Filing, posted on its website pursuant to its formula rate protocols (approved in FERC Docket No. ER11-3697). That filing is scheduled to be made at FERC, in its final form, on December 1, 2015; TRR Report 2016 Page 5 of 6 Vernon will true up any differences in its SCE ETC costs when it makes its 2017 TRR filing. The ETCCF for 2016 SCE ETC costs are projected to be $2,575,200 as shown in line 8 of Exhibit 1. The ETCCT_Component ETCCT represents a balance that reflects the difference between prior year forecast and actual SCE ETC costs. The prior period in this case is the twelve-month period starting October 1, 2014 and ending September 30, 2015. A summary of the determination of the September 30, 2015 balance in the ETC Adjustment Clause is shown in Exhibit 1. The ETCCT component reflects 1) the previously projected 2014 SCE ETC costs of$140,230 per month, for the months October through December 2014 and projected 2015 SCE ETC costs of$165,760 per month, for the months January through September 2015, 2) actual 2014 SCE ETC costs of $ 145,780 per month, for the months October through December 2014 and $172,790 per month, for the months January through September 2015, and 3) refunds received by the City—all elements as reflected on Line No. 8, 15, and 16 of Exhibit 1. The net of these elements produce the under (or over) collection figures reflected in Line 17 of Exhibit 1. The ending balance is the sum of the beginning balance on October 1 and the (over)/under collection — both elements as reflected on Line 1 and 17 of Exhibit 1. The cumulative monthly balances are carried forward from month to month and the ETCCT component on September 30, 2015 of negative $95,371 is shown in line 19 of Exhibit 1. The I (Interest) Component The Interest component reflects interest on the difference between prior year forecast and actual SCE ETC costs. The monthly interest carrying costs are calculated using the 18 C.F.R. § 35.19(a) interest rates and calculation method. These interest rates are published by FERC and reflect the prime rate values published in the Federal Reserve Bank's "Selected Interest Rates." TRR Report 2016 Page 6 of 6 Interest is calculated monthly on the average cumulative monthly balance and is compounded quarterly. The interest component is negative $5,262, as shown in Lines 20-24 of Exhibit 1. RECOMMENDATIONS 1. Approve the establishment of the City's revised new TRR for 2016 and revised Appendix I to the TO Tariff. 2. Authorize outside counsel to submit the City's TRR, ETC Adjustment Clause amount, the revised Appendix I to the TO Tariff, and this City Council Resolution approving the TRR and ETC Adjustment Clause amount to FERC on behalf of the City of Vernon. EXHIBIT - 1 y 8 — 3 � W b E S r e m - - Ro aocL — v — ' - m o - 2 W - 3 i - _ — m _ n 3 t 73 - - - - - -_ _ - - - - - - K - - - - a R ti -- - - 8 N n 'O 0 S r k E f V'r," f 4305 Santa Fe Avenue City of Vernon Vernon,CA 90058 x (323)583-8811 Y�lL�yf 4T IFl i# NOTICE OF PUBLIC HEARING The City Council of the City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall, City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Tuesday, October 20, 2015 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) APPLICANT: Meridith Baer REQUEST: Meridith Baer, on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8 (g) of the City Code, which mandates that no Iot (except in the C-I and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size. PROPERTY 4820 Everett Court,Vernon, CA 90058 INVOLVED: REVIEW OF: The application, maps, and supporting information are available for THE FILE: public review during normal business hours in the Vernon Public Works, Water& Development Services Department, located at 4305 Santa Fe Avenue, Vernon, CA 90058, between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. PROPOSED Staff plans to recommend that the Vernon City Council determine that CEQA the proposal will not have a significant effect on the environment and is FINDING: exempt from the California Environmental Quality Act(CEQA). The conditions unposed on the variance are designed to protect the environment, public health, safety and general welfare. If you challenge the granting of the variance or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: I Aaria Ayala, &y Clerk RECEIVED RECEIVED TMv OCT o s 2015 OCT ] 5 2015 R- • CITY ADMINISTRATION CITY CLERK'S OFFICE STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: October 20,2015 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson, Director of Public Works, Water and Development Services Department Originator: Sergio Canales, Assistant Planner RE: Approval of a Variance Application for Meridith Baer located at 4820 Everett Court RECOMMENDATION A. Find that approval of the variance proposed in this staff report is categorically exempt from review under the California Environmental Quality Act(CEQA) in accordance with Class 5, Section 15305 of the CEQA Guidelines, "Minor Alterations in Land Limitations," because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20%that does not result in any changes in land use or density. A Notice of Exemption will be prepared and filed with the County Clerk; and B. Adopt a resolution approving a variance from Section 26.4.1-8 (g) which mandates that no lot(except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size, subject to certain conditions, to Three Angels Investment, LLC for the property located at 4726 Everett Court. C. Grant to Three Angels Investment, LLC a waiver from Section 28.28 (b) of the City Code that requires each lot to have a minimum frontage of 150 feet on a public street. PROJECT Meridith Baer, on behalf of Three Angels Investment, LLC has requested a variance from Section 26.4.1-8 (g)of the Comprehensive Zoning Ordinance. Meridith Baer and Three Angels Investment, LLC are proposing to adjust the property lines between their parcels. Meridith Baer owns two parcels. Parcel one, known as 4820 Everett _I_ Court (Assessor Parcel No. 6304-025-008), is 1.12 acres in size (the "MB Everett Court Parcel"). The second parcel owned by Meridith Baer is a private street known as Everett Court and consists of two parcels -- Assessor Parcel No. 6304-025-007 and 6304-024-011 -- and is 0.57 acres in size combined (the "MB Street Parcel"). Three Angels Investment, LLC owns the property known as 4726 Everett Court (Assessor Parcel No. 6304-025-009) and is 0.55 acres in size (the "3AI Parcel"). None of the aforementioned parcels are located in the CA or C-2 Overlay Zones (as established by Sections 26.3.1-1, 26.4.2 and 26.4.3 of the City Code). The building on the 3AI Parcel is approximately 20,000 square feet in size and takes up almost all of the land area of the parcel. The loading dock serving the 3AI Parcel is actually on the MB Everett Court Parcel. Trucks accessing this dock and employees that work in the Three Angels Investment, LLC building routinely park on the MB Everett Court Parcel. Meridith Baer initiated litigation against Three Angels Investment, LLC over the use of the MB Everett Court Parcel. As part of a negotiated settlement, Three Angels Investment, LLC has agreed to purchase a portion of the MB Everett Court Parcel adjoining the 3AI Parcel. This has triggered the submittal of a lot line adjustment application by Meridith Baer and Three Angels Investment, LLC for City of Vernon approval. See Exhibit A for a plan showing the lots before the Iot line adjustment and Exhibit B showing the lots after the lot line adjustment. NEED FOR VARIANCE The 3AI Parcel is currently 0.55 acres in size. After the lot line adjustment,the 3AI Parcel will be 0.85 acres in size. Section 26.4.1-8(g) of the City Code requires all newly established parcels to be a minimum of one (1) acre in size. In addition, Section 28.28(b) of the City Code requires all lots to have frontage of at least one hundred fifty (150) feet on a public street. The 3AI Parcel's only frontage is a private street along Everett Court. However, Section 28.8 of the City Code does permit the City Council to issue a waiver of direct access to a public street for a parcel map as long as other reasonable access is provided. There exists special circumstances applicable to this lot that do not apply to neighboring properties. The 3AI Parcel is an existing land-locked parcel less than one (1) acre in size. The lot currently has access to a public street via a recorded easement through Everett Court to 49t' Street. With the lot line adjustment, the new 3AI Parcel will be more conforming with respect to auto parking and truck loading. The new parcel will continue to have access to 49 h Street via an ingress and egress easement along Everett Court. City staff believes that the issuance of a variance from the minimum lot size requirement and a waiver from the street frontage requirements are appropriate given the unique circumstances. CEOA ANALYSIS The proposed site is surrounded by industrial uses compatible with the proposed use. No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project. This variance has been determined to be categorically exempt from review under the California Environmental Quality Act(CEQA) in accordance with Title 14, Chapter 3, Class 5, Section 15305, because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20%that does not result in any changes in Iand use or density. A Notice of Exemption will be prepared and filed with the County Clerk. -2 VARIANCE FINDINGS Staff finds the following to be true, and therefore recommends that the City Council make similar findings: a) There are special circumstances applicable to the Subject Property, and the intended use of the Subject Property, that do not apply to other properties in the surrounding area and in the same zoning classification. Unlike the other properties in the vicinity, and in the same zone, without a variance the lot line adjustment would not be granted and would prevent Three Angels Investment, LLC from purchasing a portion of the MB Everett Court Parcel in which its truck loading docks are located, thus preventing Three Angels Investment, LLC from bringing the parcel into a more conforming condition in relation to the City Code merely because of the size of the Iot. b) The strict interpretation of the applicable development standards would result in practical difficulties and unnecessary hardships that would conflict with the purposes of the Zoning Code and deprive the 3AI Parcel of privileges enjoyed by others. Namely,the lot line adjustment, while not bringing the 3AI Parcel into full compliance with the City's zoning standards, would significantly improve the conformity of the lot by providing onsite truck loading maneuvering and auto parking. It would also deprive Meridith Baer from selling a portion of its lot that is almost exclusively used by Three Angels Investment, LLC. c) The granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties. Granting the variance will help square off the odd-shaped 3AI Parcel and will allow Three Angels Investment, LLC to make more efficient use of the land available for its existing building. As such, no special privilege is being granted by the approval of this variance. dy The grant of the variance is consistent with the General Plan and complies with other applicable provisions of the Comprehensive Zoning Ordinance. The City's General Plan states that no lot shad be established for any use unless the lot is at least one acre in size. The appro�•al of the lot Iine adjustment will make the 3A1 Parcel more conforming with the City's zoning requirements. while keeping the MB Everett Court Parcel the same in relation to zoning requirements.The General Plan land use designation for the site is lndustnal and its Zoning designation is also industrial land not in either the C-I or C-2 [overlay Zones)_The use of the property is consistent with the General Plan and will comply with all other applicable zoning provisions. e) The grant of the variance will not be materially detrimental to the public health, safety, or welfare, or to the interests of other residents and property owners within the vicinity of the lot in question. Acquisition of a portion of the MB Everett Court Parcel by Three Angels Investments, LLC, will provide additional necessary employee parking spaces and maneuvering area. Therefore, no on-street parking impacts would occur to be materially detrimental to the public health, safety, or welfare, or the interests of other property owners. The proposed lot line adjustment would not significantly impact the neighboring intersections or traffic flow. f) The grant of the variance places suitable conditions on the lot to protect surrounding properties and does not permit uses that are not otherwise allowed in the I-Zone, Industrial. The use is consistent with the City's Zoning Regulations which permits industrial uses in the I-Zone. -3- The variance is suitably conditioned to protect neighboring property interests by requiring ingress and egress easement be recorded along Everett Court to provide proper access to neighboring properties. CONDITIONS Therefore, it is recommended that the variance be granted with the following conditions imposed on the permit to adequately protect the public interests: a. The Property shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. b. A minimum twenty seven(27) foot wide easement shall be provided to all properties adjoining Everett Court to 49 h Street to ensure proper ingress and egress, utility service and fire access to the parcels. C. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to revoke this variance, or take appropriate enforcement action, including citation and or fines for a violation. d. Not later than twenty (20) days from the date of approval of the variance, the Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, shall indicate, in writing, their acceptance of and agreement with the conditions herein. The Variance shall be void and of no force or effect unless such written acceptance and agreement is submitted to the City within the twenty-day period. e. Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, and any successors in interest thereof shall indemnify, hold harmless and defend the City of Vernon, its duly elected and appointed officers, agents and employees from and against any and all claims, complaints or petitions for: (1) damages, losses, expenses resulting from bodily injury, sickness, disease, disability or death arising from the operation of the facility excluding therefrom any such claim resulting from the gross negligence or intentional wrongdoing of the City of Vernon, its officers, agents or employees; (2) a peremptory writ or other relief by way of injunction, mandamus, or administrative mandamus; and/or (3) legal expenses and attorney's fees incurred by the City of Vernon on behalf of any party in such actions or proceedings. The City of Vernon does not waive its right to participate in the defense of or otherwise intervene in any such action. Attachment(s) 1. Variance Application and Supporting information -4- 146rt•45'01'E P19T61'2$ N82'47'15� 117 5T 00 EVERETT COURTf «"i5'wr 1 G 51i' 'IMNG REU,3'J PARCEL L=91-26' � EMOM a _ e Three AngeksFrl1e_' bnent. LLG ' N C,4 4726 Everet' Court Mn 5n 19.00' LLJ _mme !iE�' 715'w PARCEL LINE i9t ¢ TO REMAIN tr a v a � 3 � PARCEL1 3 Meridith Baer 4820 Everett Court cli 3 pJ Q7 w W 2 41( Ui cu 1,50SIS Or $EARINGS) LU EAST 49m STREET o EXHIBIT "A" (Showing the lots before the lot line adjustment) 5- LZ ` iris` 1 Y -21'45'25' PARCEL L_ W Three Angels ?nvesinerrl, LLC J`t E 4726 Evari)" Court N*n WE V Y-W N8297tS •PARM IM 192.59' It PARCEL1 Meridith Baer OL 4820 Everett Court c a� a� L" W W w W r r' 1482'015-W '--(OASIS OF BEARINGS) t�g.ga= Q o O PSI 17p.'4' e3 �5b.LwC' N82' 1S wUD � E,�ST 49°1 STREET EXHIBIT "B" (Showing the lots after the lot line adjustment) 6 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING A VARIANCE TO MERIDITH BAER FROM SECTION 26 .4 . 1-8 (g) OF THE VERNON CITY CODE, FOR THE PROPERTY LOCATED AT 4820 EVERETT COURT WHEREAS, Meridith Baer on behalf of Three Angels Investment, LLC has requested a variance from Section 26 . 4 .1-8 (g) , which mandates that no lot (except in the C-1 and C-2 Overlay Zones) shall be established for any use unless the lot is at least one acre in size and the granting of a waiver to Three Angels Investment, LLC from Section 28 . 28 (b) of the City Code; and WHEREAS, Section 28 . 28 (b) of the City Code states that all lots shall have frontage of at least 150 lineal feet on a public street; and WHEREAS, Meridith Baer and Three Angels Investment, LLC are proposing to adjust the property lines between their parcels . Meridith Baer owns two parcels. Parcel one, known as 4820 Everett Court (Assessor Parcel No . 6304-025-008) , is 1 . 12 acres in size (the "MB Everett Court Parcel" ) . The second parcel owned by Meridith Baer is a private street known as Everett Court and consists of two parcels Assessor Parcel No. 6304-025-007 and 6304-024-011 and is 0 . 57 acres in size combined (the "MB Street Parcel" ) . Three Angels Investment, LLC owns the property known as 4726 Everett Court. (Assessor Parcel No. 6304-025-009) and is 0 . 55 acres in size (the "3AI Parcel" ) . None of the aforementioned parcels are located in the C-1 or C-2 Overlay Zones (as established by Sections 26 . 3 . 1-1, 26 .4 . 2 and 26 .4 . 3 of the City Code) ; and WHEREAS, the building on the 3AI Parcel is approximately 20, 000 square feet in size and takes up almost all of the land area of the parcel . The loading dock serving the 3AI Parcel is actually on the MB Everett Court Parcel . Trucks accessing this dock and employees that work in the Three Angels Investment, LLC building routinely park on the MB Everett Court Parcel. Meridith Baer initiated litigation against Three Angels Investment, LLC over the use of the MB Everett Court Parcel . As part of a negotiated settlement, Three Angels Investment, LLC has agreed to purchase a portion of the MB Everett Court Parcel adjoining the 3AI Parcel . This has triggered the submittal of a lot line adjustment application by Meridith Baer and Three Angels Investment, LLC for City of Vernon approval; and WHEREAS, the 3AI Parcel is currently 0 . 55 acres in size . After the lot line adjustment, the 3AI Parcel will be 0 . 85 acres in size. Section 26 .4 . 1-8 (g) of the City Code requires all newly established parcels to be a minimum of one (1) acre in size . In addition, Section 28 .28 (b) of the City Code requires all lots to have frontage of at least one hundred fifty (150) feet on a public street . The 3AI Parcel' s only frontage is a private street along Everett Court . However, Section 28 . 8 of the City Code does permit the City Council to issue a waiver of direct access to a public street for a parcel map as long as other reasonable access is provided; and WHEREAS, there exists special circumstances applicable to this lot that do not apply to neighboring properties . The 3AI Parcel is an existing land-locked parcel less than one (1) acre in size. The lot currently has access to a public street via a recorded easement through Everett Court to 49th Street. With the lot line adjustment, the new 3AI Parcel will be more conforming with respect to auto parking and truck loading. The new parcel will continue to have access to 49th Street via an ingress and egress easement along Everett Court . City staff believes - 2 - that the issuance of a variance from the minimum lot size requirement and a waiver from the street frontage requirements are appropriate given the unique circumstances; and WHEREAS, the proposed site is surrounded by industrial uses compatible with the proposed use . No potentially significant impacts are expected to result from noise, odor, dust, smoke, light or glare from the project . The Director of Public Works, Water & Development Services has recommended that the City find that the Project is categorically exempt from review under the California Environmental Quality Act (CEQA) , in accordance with Title 14, Chapter 3 , Class 5, Section 15305 of the CEQA Guidelines, because the proposed lot line adjustment is a minor alteration in a land use limitation in an area with an average slope of less than 20%- that does not result in any changes in land use or density; and WHEREAS, a Notice of Exemption will be prepared and filed with the County Clerk; and WHEREAS, the City Council has received a Staff Report dated October 20, 2015, upon which it has relied in making the foregoing recitals; and WHEREAS, the City Council of the City of Vernon held a hearing on said application for a variance on October 20, 2015 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct . SECTION 2 : The City Council of the City of Vernon further finds that all persons have had the opportunity to be heard or to file written comments to the proposed Project and after due consideration of 3 - all the evidence submitted at the public hearing determines that there are compelling reasons to justify granting a variance. SECTION 3 : The City Council of the City of Vernon hereby finds that the proposed activity is categorically exempt pursuant to Section 15305 of the CEQA Guidelines and directs the City Clerk, or the City Clerk' s designee, to file a Notice of Exemption with regard to the environmental impact of said project with the County Clerk of the County of Los Angeles. SECTION 4 : The custodian of records for the proposed activity and all other material that constitute the record of proceedings upon which the City Council' s decision is based is the City Clerk of the City of Vernon. Those documents are available for public review in the Office of the City Clerk located at 4305 Santa Fe Avenue, Vernon, California 90058 . SECTION 5 : The City Council of the City of Vernon hereby approves the variance from Section 26 .4 . 1-8 (g) of the City Code, and the variance is hereby granted to the Applicant for the Project based on the following findings as required by Section 26 . 6 .2-5 of the Vernon Zoning Code: a. There are special circumstances applicable to the Subject Property, and the intended use of the Subject Property, that do not apply to other properties in the surrounding area and in the same zoning classification. Unlike the other properties in the vicinity, and in the same zone, without a variance the lot line adjustment would not be granted and would prevent Three Angels Investment, LLC from purchasing a portion of the MB Everett Court Parcel in which its truck loading docks are located, thus preventing Three Angels Investment, LLC from bringing the parcel into a more conforming condition in relation - 4 - to the City Code merely because of the size of the lot. b. The strict interpretation of the applicable development standards would result in practical difficulties and unnecessary hardships that would conflict with the purposes of the Zoning Code and deprive the 3AI Parcel of privileges enjoyed by others . Namely, the lot line adjustment, while not bringing the 3AI Parcel into full compliance with the City' s zoning standards, would significantly improve the conformity of the lot by providing onsite truck loading maneuvering and auto parking. It would also deprive Meridith Baer from selling a portion of its lot that is almost exclusively used by Three Angels Investment, LLC. C . The granting of a variance will not constitute a granting of a special privilege inconsistent with the limitations on other nearby properties . Granting the variance will help square off the odd-shaped 3AI Parcel and will allow Three Angels Investment, LLC to make more efficient use of the land available for its existing building. As such, no special privilege is being granted by the approval of this variance. d. The grant of the variance is consistent with the General Plan and complies with other applicable provisions of the Comprehensive Zoning Ordinance. The City' s General Plan states that no lot shall be established for any use unless the lot is at least one acre in size . The approval of the lot line adjustment will make the 3AI Parcel more conforming with the City' s zoning requirements, while keeping the MB Everett Court Parcel the same in relation to zoning requirements . The General Plan land use designation for the site is Industrial and its Zoning designation is also industrial (and not in either the C-1 or C- 2 Overlay Zones) . The use of the property is consistent with the - 5 - General Plan and will comply with all other applicable zoning provisions. e . The grant of the variance will not be materially detrimental to the public health, safety, or welfare, or to the interests of other residents and property owners within the vicinity of the lot in question. Acquisition of a portion of the ME Everett Court Parcel by Three Angels Investments, LLC, will provide additional necessary employee parking spaces and maneuvering area. Therefore, no on-street parking impacts would occur to be materially detrimental to the public health, safety, or welfare, or the interests of other property owners. The proposed lot line adjustment would not significantly impact the neighboring intersections or traffic flow. f . The grant of the variance places suitable conditions on the lot to protect surrounding properties and does not permit uses that are not otherwise allowed in the I-Zone, Industrial . The use is consistent with the City' s Zoning Regulations which permits industrial uses in the I-Zone . The variance is suitably conditioned to protect neighboring property interests by requiring ingress and egress easement be recorded along Everett Court to provide proper access to neighboring properties . SECTION 6 : The City Council hereby grants a waiver from Section 28 . 28 (b) of the City Code, requiring each parcel to have a minimum 150-foot frontage on a public street . SECTION 7 : In order to adequately protect the public health and general welfare, the following conditions are required: a. The Property shall be operated in accordance with all current codes, rules, and regulations and subject to permit fees as adopted by the City of Vernon not otherwise addressed by this grant of a variance. - 6 - b. A minimum twenty seven (27) foot wide easement shall be provided to all properties adjoining Everett Court to 49th Street to ensure proper ingress and egress, utility service and fire access to the parcels. C. Noncompliance with any of the conditions herein shall constitute sufficient grounds for the City Council of the City of Vernon to revoke this variance, or take appropriate enforcement action, including citation and or fines for a violation. d. Not later than twenty (20) days from the date of approval of the variance, the Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, shall indicate, in writing, their acceptance of and agreement with the conditions herein. The Variance shall be void and of no force or effect unless such written acceptance and agreement is submitted to the City within the twenty-day period. e. Three Angels Investment, LLC, as Applicant, and Meridith Baer, as Owner, and any successors in interest thereof shall indemnify, hold harmless and defend the City of Vernon, its duly elected and appointed officers, agents and employees from and against any and all claims, complaints or petitions for: (1) damages, losses, expenses resulting from bodily injury, sickness, disease, disability or death arising from the operation of the facility excluding therefrom any such claim resulting from the gross negligence or intentional wrongdoing of the City of Vernon, its officers, agents or employees; (2) a peremptory writ or other relief by way of injunction, mandamus, or administrative mandamus; and/or (3) legal expenses and attorney' s fees incurred by the City of Vernon on behalf of any party in such actions or proceedings . The City of Vernon does not waive its right to participate in the - 7 - defense of or otherwise intervene in any such action. SECTION 8 : The City Clerk, or Deputy City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 20th day of October, 2015 - Name : Title : Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: C Brian Byun, Deputy Y ity Attorney - 8 STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 20, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 2015, at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 9 - 6- 0 o Ev pC N_ FO V- W N N C W °' CD (� v a CCL D rn W co o Q r v L �=O O N c U -o Ln o '!, cw c � U N CD � N c c W > E -c o OL OCL r o It -0 W clq E o q ❑ m r z co L W o L +' LO z m � 0 N C7 L > o � �s� r •v N v ¢ � c LL c = c o YR � } a yj C: Na •- `� LO L! v m cfl c 3 r cc LL c0 C LLI FM as (a N 4-a. cn LL v p c6 v aci U cc ci C U (V C- cn 'C W) . w O Q, 0 C C � m � U U N C G N C z 3 U O d O O Q L (L) U W r C 3 G1 l0 E l9 a1 +�. LO 75 LU m L a � r -C O O O 70 _ O O Ci c C'i [ 0 O �v 'O � N N 0 CU O = v O (D ._ .� � E M c a U W CD >- 0r _ E o aU v N o O .r O Q 0 w Li i A 0 cz � � G H LL Q: I = N a fn H G A SS Q E m N t7� 7 4 p O Q L _ o ca c� ! � N 'T 7+ C4 rn v t= 9 r a r � a� 9 � O 4- UD m Co N O CO L O 11 CO� O 0 U. O 0' Z t`- O r 4j.r t( 0 O @ Q� �0 CO G -o av Payrolls reported for the month of September: 08/09/15 -08/22115, Paydate 09/03/15 08/23/15 -09/05115, Paydate 09/17/15 Payment Method Date Payment Description Amount Checks 09/03/15 Net payroll, checks $ 22,693.52 ACH 09/03/15 Net payroll, direct deposits 823,077.77 ACH 09/03/15 Payroll taxes 263,652.97 Checks 09/17/15 Net payroll, checks 19,860.72 ACH 09/17/15 Net payroll, direct deposits 789,327.04 ACH 09/17/15 Payroll taxes 237,835.28 Total net payroll and payroll taxes 2,156,447.30 ACH 09/03/15 ICMA 33,814.23 ACH 09/03/15 CalPERS 404,154.86 ACH 09/03/15 California State Disbursement Unit 3,483.92 348606 09/03/15 Sandra Bingman 2,000.00 348599 09/03/15 Franchise Tax Board 180.00 348601 09/03/15 IBEW Dues 2,823.16 348612 09/03/15 Vernon Firemen's Association 3,265.00 348613 09/03/15 Vernon Police Officers' Benefit Association 1,937.45 ACH 09/17/15 ICMA 29,519.99 ACH 09/17/15 CalPERS 410,694.77 ACH 09/17/15 California State Disbursement Unit 3,654.08 348689 09/17/15 Sandra Bingman 2,000.00 348685 09/17/15 Franchise Tax Board 180.00 348690 09/17/15 Teamsters Local 911 2,295.00 348693 09/17/15 Vernon Firemen's Association 3,265.00 348694 09/17/15 Vernon Police Officers' Benefit Association 1,937.45 Payroll related disbursements, paid through General bank account 905,204.91 Total net payroll, taxes, and related disbursements $ 3,061,652.21 page 1 of 1 z _ 0 ° N WLn ~ M c o F— c W C �- O co + Q_ m U Nm �. m Q) -p W uJ c o E N Q- O O (6 M O Q) Uca Oa O M W ° W w 0 CD Z N T_ ❑ i9 0 O 00 N CO cn W � ° LO L6cn 69, Q _ w o LL, W +r N � c �/ •� r O C M , cl ) a 0 L U L- Fa O N NVO W U � cv .0 U � U ° Z U — (D s Q U o m w _ N O V C 0 .,- Z O O c L O Q N LL r Nr o c (D cca c � E � c c >% ii � v vs O N c a) N ro �- o �c�` c ^a'' L W W m o cca c 0LL L6. 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N Q l� id Q s f N d r O f 4 ri G Y a- 4 Yg Q o � 3 z § � 7 � { R Doq 0 � CL w $ « ■ 2 E � q q q wm m Cl) Cl) 2 2 2 _ 3 § z � o to LUk k \ d rn � ® G (D f \ k / LU _ Q \ \ k Cl)0 0 0 0 ■ 0 CD \ \ k \ � k k k k a o 0 0 0 � G 0 0 w / } \ 3 k « § g ® p z / / / q CD% N _ o U) U) U) � 2 Z T- wW 0 Z � LU a W U) CM /e LL. a LLj w k 0N ■ U § » L2z � 0 � w C 0 k x 2 G x E m � t Q 2 D B I $ o (D U) / / & $ z T7 q L 7 § $ 0 0 q q 2 CD o C ■ � 7 « 0 0 0 2 00 0 § w \ \ \ \ID N a m { o e e a z 0 0 0 0 % S 0 0 z R Q y Z } \ cn cn ul� » z / q m � $ k $ Q I 2 ( 2 0 k ` Ir! $ z $ « k d u > k ? ƒ Z cq eD o M M O °o m rn 2 r rca a r d Y LU LU M M M m W m r �2 r U Z N Y U Lu m Cl) co to ❑ CD 0 W H 000 z st a c) o ce a (D 0 0 H O "' z z z z c> wj N N N N 0) 0 (3) 0) 0) im 0) 0) Go r Z Z Z 0LUW LU (0) N O LLLLd LULLU N 0 w CO a t x O Z N N HaZV O x .o UO � 0 CN a V U) x a CO (Dc2 N w a a .� ❑ a a Li cn z 0 o 0 0 m Z o 0 O co O m r- Ul) m cY) cr) a o n a a za oaoo 0 m N N N N r r r r fo co CO CO U LO Lo Lo LO Q z O O O O C7 0 a o N uj J Q N m o ❑ IrLLJ Q v H O (_n a 1Z c d 9 d a « % \ � � y � 7 � e ® o k CO \ co k� w $ U �g7 l � 0Q0� C-4 r U. wg Qo 0 . ® 4 cc w � ~ � y � # @ - 2 � g ƒ k / 2 @ � � � 7 � � f = e � g Q / o � � v RECEIVED OCT 13 ZOl5 war Mr"• city CLERK s OfFICE STAFF REPORT CITY ADMINISTRATION DATE: October 20, 2015 TO: Honorable Mayor and City Council ` FROM: Mark C. Whitworth, City Administrator Originator: Lilia Hernandez, Executive Assistant to the City Administrator RE: Council Conference Attendance Report Recommendation A. Receive and file this Council Conference Attendance Report to the League of California Cities Annual Conference and Expo. Background Members of legislative bodies are required to provide brief reports on meetings attended at the expense of the agency after the completion of the meeting. Mayor McCormick, Council Member Martinez and Council Member Ybarra attended the League of California Cities Annual Conference and Expo, in San Jose, CA from September 30—October 2, 2015. The seminar program included: Wednesday, September 30, 2015 Opening General Session Thursday, October 1, 2015 General Session Luncheon Concurrent Sessions General Resolutions Committee Networking Receptions Friday,October 2, 2015 Concurrent Sessions Closing Luncheon Page 1 of 2 Fiscal Impact Sufficient funds for attending this conference are available in the 2015/2016 City Council budget. Attachment(s) None Page 2 of 2 of RECEIVED RECEIVED OCTr a 201 5 OCR 14 _ t ` CITY HDI C1�Y CI.�RK'S O��IC� r AEI a N FIRE DEPARTMENT Michael A.Wilson,Fire Chief 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323)583-8811 Fax(323)826-1407 October 14, 2015 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 September 16, 2015 through September 30, 2015. Respectfully Submitted, Ivlicbae A- Ykilson. Fire Chief MAW:ar Fireletnow E ,cfusivefy Industriaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES September 16,2015 to September 30, 2015 This Period Last Year This This Year Last Year To Date Period To Date ACTNITY TYPE FIRE PREVENTION: Regular Inspections (#): 19 974 54 1192 Re-Inspections (#): 11 179 27 280 Spec. Haz. Inspections (#}: 1 32 0 25 Total Inspections: 31 1185 81 1497 Total Man Hours: 48 1448 98 2062 TRAINING(HOURS Firefighting 86 1559 79 1802 Hazardous Materials 42 575 15 570 Safety 139 2119 119 2428 Apparatus Operations 138 2144 125 2293 Equipment Operations 140 2131 127 2369 CPR 2 61 0 27 First Aid 30 523 14 397 Total Hours: 577 9112 479 9886 PRE-INCIDENT (HOURS)- Planning 75 1345 91 1607 District Familiarization 88 1454 87 1470 Total Hours: 163 2799 178 3077 PERIODIC TEST(HOURS): Hose Testing 0 8 0 26 Pump Testing 0 3 0 10 Total Hours: 0 11 0 36 Page 1 PUBLIC SERVICE PROGRAMS (HOURS) School Programs 3 18 3 36 Fire Brigades 0 6 0 18 Emergency Preparedness 21 191 12 216 Total Hours: 24 215 15 270 ROUTINE MAINTENANCE (HOURSI Station 124 2085 127 2253 Apparatus 127 2170 125 2276 Equipment 130 2166 124 2354 Total Hours: 381 6421 376 6883 Grand Total Hours: 1193 20006 1146 22214 Tireactivity Page 2 0 N f 0 r x w i O CL LnLn � N a CL Q u . r • • OT CL C E 41 ul x 0 x a w r r r r r r r+ r M r w N 111 r D N r Q r �1 r r r r N r N r r N r • y • t i 0 � All Q. Q = Z W # a = • 2 rcq J 4 F V W Q z J Z aj O O A ~ Z z V V V x m J U z € € W . O. F- N V Q = a W 0Z 4. A t: d W m 0 beI � 1iUJ � CiY � W V ��' �/ y � ' �i u V y}j U Z � Z °Vast► cOw xx Mtn t, i-- Mm MOLL U. 0cs = 5 » 33m 4J W W W W W W W W W W W W W W W W {L 11_ 1e_ 1L 1L tV lL IL m Incident Type Incident Date PREVENTION FOLLOW-UP? Shift 611 Dispatched &canceled en route 09/16/2015 08:17:26 No 322 Motor vehicle accident with injuries 09/16/2015 17:54:05 No 900 Special type of incident, other 09/16/2015 22:13:41 No 700 False alarm or false call, other 09/17/2015 04:32:37 No 311 Medical assist, assist EMS crew 09/17/2015 05:52:03 No 322 Motor vehicle accident with injuries 09/1 71201 5 06:05:27 No 730 System malfunction, other 09/1 71201 5 08:20:53 No 251 Excessive heat, scorch burns with no ignition 09/17/2015 12:10:47 No 143 Grass fire 09/17/2015 14:09:33 No 671 Hazmat release investigation w/ no hazmat 09/17/2015 15:13:04 No 741 Sprinkler activation, no fire- unintentional 09/17/2015 18:22:33 No 445 Arcing, shorted electrical equipment 0911 8/201 5 03:56:13 No 322 Motor vehicle accident with injuries 09/18/2015 08:20:17 No 735 Alarm system sounded due to malfunction 09/18/2015 10:57:23 No 611 Dispatched&canceled en route 09/18/2015 14:24:30 No 321 EMS call, excluding vehicle accident with inju 09/18/2015 17:44:09 No 321 EMS call, excluding vehicle accident with inju 09/18/2015 19:21:53 No 735 Alarm system sounded due to malfunction 09/20/2015 08:06:11 No 741 Sprinkler activation, no fire- unintentional 09/20/201 5 1 3:39:37 No 321 EMS call, excluding vehicle accident with inju 09/21/2015 05:59:13 No 700 False alarm or false call, other 09/21/2015 08:23:28 No 311 Medical assist, assist EMS crew 09/21/2015 12:32:05 No 700 False alarm or false call, other 09/21/2015 12:33:32 No 311 Medical assist, assist EMS crew 09/21/2015 13:26:54 No 700 False alarm or false call, other 09/21/2015 13:39:16 No 321 EMS call, excluding vehicle accident with inju 09/22/2015 06:24:53 No 311 Medical assist, assist EMS crew 09/22/2015 08:21:31 No 321 EMS call, excluding vehicle accident with inju 09/22/2015 0924:02 No 311 Medical assist, assist EMS crew 09/23/2015 03:11:01 No 611 Dispatched &canceled en route 09/23/2015 09:17:15 No 311 Medical assist, assist EMS crew 09/23/2015 10:26:02 No 600 Good intent call, other 09/23/2015 11:36:18 No 311 Medical assist, assist EMS crew 09/23/2015 14:05:51 No 311 Medical assist, assist EMS crew 09/23/2015 19:19:59 No 311 Medical assist, assist EMS crew 09/23/2015 21:02:15 No 671 Hazmat release investigation w/ no hazmat 09/23/2015 21:13:37 No 423 Refrigeration leak 09/24/2015 10:31:20 No 700 False alarm or false call, other 09/24/2015 11:41:34 No 251 Excessive heat, scorch burns with no ignition 09/24/2015 13:13:07 No 741 Sprinkler activation, no fire - unintentional 09/24/2015 19:34:04 No 700 False alarm or false call, other 09/24/2015 21:19:01 No 322 Motor vehicle accident with injuries 09/25/2015 08:45:10 No 700 False alarm or false call, other 09/25/2015 09:01:02 No 321 EMS call, excluding vehicle accident with inju 09/25/2015 12:16:46 No 611 Dispatched & canceled en route 09/25/2015 13:47:33 No 321 EMS call, excluding vehicle accident with inju 09/25/2015 13:49:56 No 411 Gasoline or other flammable liquid spill 09/25/2015 16:20:55 No 700 False alarm or false call, other 09/26/2015 07:16:48 No 700 False alarm or false call, other 09/26/2015 16:19:27 No 700 False alarm or false call, other 09/27/2015 10:42:27 No 700 False alarm or false call, other 09/27/2015 11:11:56 No 321 EMS call, excluding vehicle accident with inju 09/27/2015 23:07:43 No 311 Medical assist, assist EMS crew 09/28/2015 08:31:19 No 311 Medical assist, assist EMS crew 09/28/2015 09:45:42 No 700 False alarm or false call, other 09/28/2015 15:06:11 No 622 No incident found on arrival at dispatch addr 09/28/2015 16:03:40 No 324 Motor vehicle accident with no injuries 0 9/2 812 0 1 5 'I T23:49 No 611 Dispatched &canceled en route 09/28/2015 22:38:22 No 311 Medical assist, assist EMS crew 09/29/2015 12:57:27 No 700 False alarm or false call, other 09/29/2015 13:56:41 No 611 Dispatched & canceled en route 09/29/2015 13:59:19 No 311 Medical assist, assist EMS crew 09/29/2015 15:26:59 No 321 EMS call, excluding vehicle accident with inju 09/30/2015 09:50:14 No 745 Alarm system activation,no fire,unintentional 09/30/2015 13:39:59 No 321 EMS call, excluding vehicle accident with inju 09/30/2015 23:4925 No 0 C `a z w 2 L a0 a L a� N OC II d IL qt w v-- E o m .� N $ Q V H w r CL C 4 z � 10 0 z a w N r �p N {"V r r +� r f'1 SV r r r r Y'f 1+1 N r • a N • � Al C 4i i OG W GQ.• Z O w � C V ds9 �u `� •+ � � Z s W � , • V O � Z d Y Y p, © ODCoe QNZ � � Wei o- a CLL Z J a W W W p � � R O N 7 w p r c. 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W 1tJ W W W LL LL LL LL IL Lt IL W L4 W LL m Ln W r r r N N r w 11 r N r r N LLO A ems- N en r r r r fn GO r r .a r [V r r ■ a • • J !� L7 u u } y = Q z � o � 1 uDuw � J � Lbti- U a C � = o30 = uaa � � pa b L� z a c7 � -j uact ac � � F= ua jt � z0 W = � � GC m =0 W 4.1 - Ella V5 � NN Q � Lac Q W W W W W W W W W W Lit W W W W W W W W W W W W W W W W W W i i i ca d z ■ M W 2 a H o z m � � c a u `^ z � E F1V= - aa1th and anviranmantal vRECEIVED ntrQl Dep rtrnant OCT �'��� OCT 0 7 2015 + CITY ADMINISTRATION e o To: Mark Whitworth,City Administrator From: Leonard Grossberg,Director/Health Officer Date: October 7,2015 Re: Transmittal of Health&Environmental Control Department Monthly Report I am forwarding the attached subject report for September 2015 for submission to the City Council. I am requesting that the report be placed on the normal City Council agenda. Please let me know if you need additional information. Attachment 4cLg:ImydoGL/M/nonthly reports/City Admin Transmittal Monddy Report Sept 2015 HEALTH & ENVIRONMENTAL CONTROL DEPARTMENT Sepfi 20'15 MONTHLY REPORT F Vt .y 1L" City of Vernon Leonard Grossberg, Director/Health Officer HEALTH &z ENVIRONMENTAL CONTROL DEPARTMENT MONTHLY REPORT September 2015 HAZARDOUS MATERIALS CONTROL Activities during the month of September included oversight of closure/remediation work or planning for several sites including: 2939 Bandini Blvd., Pechiney (3200 Fruitland Ave.); Thermador (5119 District Boulevard), 1890 E. 251h Street, and Exide Technologies (2700 Indiana Street). Oversight activities, such as site assessment review, work plan approval, closure sale agreements, and environmental field observations, provide an expedited process that encourages prompt reuse or redevelopment of properties in Vernon. # • 0 • Senior Environmental Specialist Jerrick Torres finalized the Storm Water and CaIARP permits for Whole Food's new facility on Pacific Blvd., and also reviewed five new storm water plans for accuracy (3200 Slauson; 2030 Ross Street; 2065 Ross Street; 3575 Ross Street; and 4700 Alcoa Ave). September was a very busy month for responding to emergency responses, as each field inspector responded to at least one call. Staff assisted with investigating illegally abandoned containers at Washington and Downey Road; ammonia releases at Van's and Coast Packing; and a fire at Right-Way-Meat. In all instances, we made sure the public and environment was protected and all problems were mitigated according to regulations. r • • • During the month of September, staff was active in attending numerous training opportunities, including Senator Lara's "Sustainability and Your Business" ( Johnson), Underground Storage Tank Technical Advisory Group (Torres), Hazardous Waste Technical Advisory Group (Johnson), Pesticide Applicators training (LeDuff, Torres, Cheng), California Conference of Directors of Environmental Health CCDEH (Grossberg), as well as Ethics Training (LeDuff, Johnson). Training opportunities are crucial in maintaining our continuing education units up-to- date as well as providing staff the most up-to-date information. UNDERGROUND TANKS No underground tanks were removed during the month. Senior Environmental Specialists Lyndon Ong Yiu conducted two annual monitoring Underground Storage Tank tests at Dunn Edwards and Pacific Precision. Senior Environmental Specialists Linda Johnson reviewed plans for removal/repairs at three sites (ExxonMobil, Catalina Pacific, and Vernon Truck Wash). FOOD PROGRAM Senior Environmental Specialist Lyndon Ong Yiu attended the "Food Technical Advisory Committee" meeting in September, completed three new processing facilities plan checks, and also participated in the Mobile Food Commissary Plan-Check Guideline Group. # • • • Environmental Specialist Erik Cheng participated in the Region IV Snack Bar/Stadium food permits discussion which is looking at standardizing permits/inspections for after school and park snack bars. ENVIRONMENTAL PROTECTION Sixteen water samples were collected from different sampling locations around Vernon in September. The samples were taken from the three potable water supply systems in Vernon and were analyzed for potability. All of the samples that were analyzed met State standards for potability(no a-coli/total coliforms). 0 • • • Senior Environmental Specialist Linda Johnson attended the Solid Waste Regional Roundtable for Local Enforcement Agencies (LEA'S) in Orange County along with Environmental Specialist Erik Cheng. • . • Our office and staff hosted the bi-annual CUPA Inspection Audit with auditors from Cal-EPA, DTSC, Regional Water Control Board, and the State Fire Marshall's office. The audit reviews the elements of our CUPA Program including the Hazardous Materials, Hazardous Waste, Tier Permitting, California Accidental Release Program (CalARP), Underground Storage Tanks, Aboveground Storage Tanks, and Emergency Response. The auditors spent several days researching and inspecting 2 facilities in Vernon, and another 2 days reviewing our files and policies. Several deficiencies were noted, and a timetable for correcting those deficiencies was proposed. The first progress report will be due on December 16, 2015. Chief Deputy Director David LeDuff and Senior Environmental Specialist Jerrick Torres conducted vector control surveillance along the L. A. River in an attempt to locate mosquito and gnat outbreaks. Director Leonard Grossberg attended the annual California Conference of Directors of Environmental Health (CCDEH) at Bass Lake. The annual conference allows directors to learn and network from other directors within the State on program implementation and also refresh information on varying issues that impact local programs and enforcement. This year, the focus was on how public health and environmental health should be interfacing their programs with climate change, new legislation, drinking water wells and the State drought, IT management, Emergency Response, septic systems, well permitting, fracking, and the food performance measures study. Senior Environmental Specialist Jerrick Torres preformed CalARP 5-year update reviews for Harvest Meats, Protein Inc., and Norman Fox & Co. • • • • Our staff was busy verifying complaints during September, as we had several trash complaints, abandoned cats/kittens, injured birds, odors from a business on Gifford, and unlicensed dogs. Our office responds to complaints as quickly as possible in order to verify and keep the problems from getting bigger or spreading. The Hazardous Materials Emergency Plan (HMEP) was completed and submitted to Cal-OES in September. The HMEP was completed using the services of an outside contractor who worked on the obtaining the grant funding, and laboring over 3 months in preparing the document for Health and Fire Department review. The grant from Cal-OES was for $10,000.00 with matching Vernon funds totaling an additional $4,707.00. 0 0 0 0 Finally, Director Leonard Grossberg coordinated with the City Attorney's office in a pending bankruptcy filing from one of our Solid Waste Haulers. With numerous negotiations between the courts, attorneys and the hauler, we were able to resolve the filing of bankruptcy and negotiate a settlement of the fees and penalties due to the City for calendar year 2015. In the end, the City will be made whole and collect all of the fees due in a timely manner. 9cLG:MyDocs/Z/Hea1th Dept./Monthly Reports/2015/Monthly Sept.doc -f � � k Flu vaccines are for everyone six months ' and older,especially if ' you: n Are pregnant or just had a baby I f > Are morbidly obese Flu vaccines at no charge Area healthcare for people who don't have health insurance or whose worker healthcare provider does not offer flu vaccines. Live in a nursing or other long-term care DATE TIME LOCATION home Pico Rivera Senior Center-9200 Mines 10/21/15 9:OOa-12:OOp Ave.,Pico Rivera Have a weakened 10/24/15 12:30p-3:30p Bra kensiekU bra ry-9945 Flower St., immune system or Bellflower chronic health problem 5t.Mathias Church-3095 E.Florence Ave., 30/25/15 B:OOa-12:OOp Are a caregiver for Huntington Park La Mirada Activity Center-13810 La kids, older adults,or 10/27/15 9.00a-21:00a Mirada Blvd.,La Mirada sick people Norwalk Senior Citizens Center-14040 San 10/28/15 9:D0a-12:pOp Antonio Dr.,Norwalk 10/28/15 12:00p--3:00p Huntington Park Library-6518 Miles Ave., Huntington Park St.Linus Church-13915 Shoemaker Ave., 11/D1/15 9:D0a—1:OOp Norwalk 11/03/15 1:00p—3:00p Weingart Senior Center-5220 Oliva Ave., Lakewood 11/04/15 10:00a—1:00p East Los Angeles Library-4837 E.3rd St., Los Angeles 11/10/15 3:00p—7:00p Sorenson Library-6934 Broadway,Whittier 11/12/15 i:00p—3:30p Centro Maraviila Service Center-4716 East Cesar E.Chavez,Los Angeles Clinic dates and times 11/14/15 9:00a—12.00p Downey Civic Theatre-8435 Firestone may change. Blvd.,Downey 11/15/15 8:30a—12:OOp Holy Family Catholic Church-18708 Please call Clarkdale Ave.,Artesia Call your doctor before getting vaccinated if you have a severe egg (562) 464-5350 allergy or are sick the day of the clinic. to confirm before Call your regular health care provider to learn what other shots you may you go. need. If you don't have a regular doctor, call 2-1-1 for a list of no-cost or low-cost vaccine providers. CaCP-iP-0020-01(09119/15) Los Angeles County Department of Public Health w Los A-- www.publlchealth.lacounty.gov "� ((C—n Public Health l Las vacunas contra la gripe son recomendadas Para N .o espere todos los de seis meses de edad y mayores, principalmente si usted: ➢ Esta embarazada o si Vacune, acaba de dad a luz ➢ Esta severamente obeso Vacunas contra la gripe gratis ➢ Es un proveedor de cuidado medico para personas que no tienen seguro medico o su proveedor de cuidado medico no ofrece vacunas contra la gripe. per en una lugar soda personas mayores o de FECHA HORA LUGAR cuidado a largo plazo Pico Rivera Senior Center-9200 Mines Ave., ➢ Tiene un sistema 21 de Octubre 2015 9:00a—12:Dop Pico Rivera inmunologieo debil o Brakensiek Library-9945 Flower St., Una condition medica 24 de Octubre 2015 12-.30p—3:30p Bellflower cronica 25 de Octubre 2015 8.00a—12:00p 5t.Mathlas Church-3095 E.Florence Ave., ➢ Cuida a niflos, personas Huntington Park mayores,o personas 27 de Octubre 2015 9:00a—11:00a La Mirada Activity Center-13810 La Mirada enfermas Blvd.,La Mirada 28 de Octubre 2015 9:00a—12:00p Norwalk Senior Citizens Center-14040 San Antonio Dr.,Norwalk 28 de Octubre 2015 12:00p—3:00p Huntington Park Library-6518 Miles Ave., Huntington Park St.Unus 1 de Noviembre 2015 9:00a—1.00p Norwalk Church 13915 Shoemaker Ave., 5. 3 de Noviembre 2015 1:00p—3:00p Weingart Senior Center-5220 Oliva Ave., Lakewood East Los Angeles Library-4837 E.3rd St., Los 4 de Noviembre 2015 30:OOa—1:OOp Angeles 10 de Noviembre 2015 3:00p—7:00p Sorenson Library-6934 Broadway,Whittier 12 de Noviembre 2015 1:00p—3.309 Centro Maravilla Service Center-4716 East Cesar E.Chavez,Los Angeles Las fechas de la elinica y 14 de Noviembre 2015 9;00a—12:00p Downey Civic Theatre-8435 Firestone Blvd., horarios puede que Downey cambien. 15 de Noviembre 2015 8:30a—12:00 P Holy Family Catholic Church-18708 Clarkdale Por favor Ilame al Ave.,Artesia Llame a su doctor antes de vacunarse si usted tiene una alergia severa (562) 464-5350 al huevo o se enferma el dia de su cita. Llame a su roveedor de cuidado medico Para eonfirmar p soda saber que otras vacunas necesita. Si no tiene un medico, Ilame al 2-1-1 para obtener antes de ir. una lista de proveedores de vacunas gratis o de bajo costo. CDCP-iP-0020-02(08/21/15) Departamento de Salud Publica del Condado de Los Angeles www.publichealth.lacounty.gov ? ��if�■d PiMIpes v� .�w+w RED ��ED RECEIVED O C T 13 2015 OCT 0 6 2015 CITY CLERK'S OFFICE STAFF REPORT CITY ADMINISTRATION VERNON POLICE DEPARTMENT DATE: October 20, 2015 TO: Honorable Mayor and Council Members FROM: Daniel Calleros, Chief of Police VI ' RE: Canine Retirement and Purchase/Transfer Agreement Recommendation A. Find that approval of the proposed 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 B. Authorize the execution of a police canine purchase/transfer agreement, in substantially the same form as submitted herewith, to be conveyed to Kent Stevenson; and C. Authorize the execution of a police canine purchase/transfer agreement, in substantially the same form as submitted herewith, to be conveyed to Donald Vanover; and D. Authorize the City Administrator to execute the agreements on behalf of the City, in substantially the same form as submitted herewith. Background The Police Department Canine Program has been in place for well over eight years. Both canine service dogs, "Rico' and "Roy"have served the residents and businesses of Vernon for the past eight years. Canines Rico and Roy are over ten years of age and have reached the end of their service deployment age. In general, police canines are retired after about seven or eight years of service. Police canines are heavily trained and go through extensive physical activities during their service life. Over the past months,both canine handlers have noted decreased performance by both canines. Given the number of years of service, staff is recommending the retirement of both canines and to enter into an agreement with Kent Stevenson and Donald Vanover to provide good homes and continued care as Rico and Roy live out their retirement years. With the retirement of both canines, the police department does not currently have another police service dog. There is plans to bring another police service dog on board by early January 2016, after a selection process is conducted for a new canine handler. Fiscal Impact The replacement canine and related officer training courses and/or canine equipment will be covered with the use of the Police Department asset forfeiture fund. Attachment(s) 1. Police canine transfer agreements CITY OF VERNON POLICE DEPARTMENT POLICE CANINE PURCHASE/TRANSFER AGREEMENT This Agreement, made and entered into in the City of Vernon, State of California, this day of , 2015, by and between the City of Vernon, a California charter City and California municipal corporation,hereinafter referred to as"CITY",and Vernon Police Officer Kent Stevenson,hereinafter referred to as "HANDLER" (CITY and HANDLER are hereinafter collectively referred to as the"PARTIES"). RECITALS This Agreement is made with regard to the following recitals: A. HANDLER wishes to assume ownership and take possession of that certain City of Vernon police canine named Roy,hereafter referred to as"CANINE",effective as of 2015, HANDLER is currently the assigned K-9 handler for CANINE. B. CANINE is approximately 10 years old and the V e r n o n Police Department has determined that CANINE is no longer serviceable. CITY intends to retire CANINE from service with the Vernon Police Department on ,2015. C. HANDLER wishes to assume and maintain ownership of the CANINE,and the CITY wishes to divest itself of both ownership and vicarious or direct liability for the CANINE. D. CITY does hereby agree to relinquish all of its right,title and ownership interest in the CANINE whatsoever,effective upon HANDLER's execution and return of this signed Agreement and payment of the sum of one and no/100ths dollars ($1.00)to CITY. NOW, THEREFORE, in consideration of this Agreement, the PARTIES hereto agree as follows: 1. HANDLER agrees to assume ownership of the retired Vernon police canine named Roy,and to assume any and all risks,including,but not limited to,risk of injury or death to third persons, and to hold CITY, its elected and appointed officials, its police department, and its employees and/or agents or volunteers harmless from any and all liability, claims, administrative proceedings or other responsibility whatsoever arising from any injuries or damages that may occur on or after the date ownership of the CANINE is transferred pursuant to this Agreement. That date is hereby fixed by agreement by and among the PARTIES hereto as being_ . 2015, hereinafter the"DATE OF TRANSFER OF OWNERSHIP". 2. HANDLER further agrees to assume all liability for risks and dangers relating to hisownership of the CANINE on and after the DATE OF TRANSFER OF OWNERSHIP, and to indemnify and hold CITY, its elected and appointed officials, its police department, and its employees and/or agents or volunteers harmless in the event that any legal or administrative - 1 - action, whether by claim, demand or otherwise, is made by any person or entity as a consequence of or arising out of any event, act or disturbance involving the CANINE on or after the DATE OF TRANSFER OF OWNERSHIP. The aforementioned hold harmless provisions shall extend to any direct or vicarious liability arising from any and all losses,liabilities,charges (including reasonable attorney fees and court costs),and any other expenses whatsoever which may arise in any manner after the DATE OF TRANSFER OF OWNERSHIP. 3. HANDLER agrees that he will assume all responsibility for the care, feeding, handling, training, keeping and all other responsibilities associated with CANINE after the effective date of this agreement, and that the CITY shall have no further responsibility of any type whatsoever associated with CANINE after the date of this agreement. 4. HANDLER warrants and represents to the CITY that he has suitable accommodations at his residence for the care and keeping of CANINE and will take reasonable steps to assure that he will continue to have suitable accommodations at h i s residence for the care and keeping of CANINE in the future. S. This Agreement shall be governed by the laws of the State of California and venue for any action brought hereunder shall be with the Los Angeles County Superior Court. 6. In the event of any dispute between the PARTIES arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the court. 7. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. S. HANDLER acknowledges that he has read the foregoing Agreement and understands that it is contractual in nature and understands each of its provisions and further agrees to be bound thereby. 9. This Agreement represents the entire and integrated agreement between CITY and HANDLER and supersedes all prior negotiations, representations, or agreement, either oral or written. This Agreement may be amended only by written instrument signed by CITY and HANDLER. [Signatures Begin on Next Page]. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed -2- in Vernon, Los Angeles County, California, on the date first stated above. "CITY" "HANDLER" CITY OF VERNON,a California charter City and California municipal corporation By: By: — Mark Whitworth, City Administrator Kent Stevenson ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Zaynah Moussa-Milward, Deputy City Attorney . 3 - CITY OF VERNON POLICE DEPARTMENT POLICE CANINE PURCHASE/TRANSFER AGREEMENT This Agreement, made and entered into in the City of Vernon, State of California, this day of , 2015, by and between the City of Vernon, a California charter City and California municipal corporation,hereinafter referred to as"CITY",and Vernon Police Officer Donald Vanover,hereinafter referred to as "HANDLER"(CITY and HANDLER are hereinafter collectively referred to as the"PARTIES"). RECITALS This Agreement is made with regard to the following recitals: A. HANDLER wishes to assume ownership and take possession of that certain City of Vernon police canine named Rico,hereafter referred to as"CANINE",effective as of 2015, HANDLER is currently the assigned K-9 handler for CANINE. B. CANINE is approximately 10 years old and the V e r n o n Police Department has determined that CANINE is no longer serviceable. CITY intends to retire CANINE from service with the Vernon Police Department on 2015. C. HANDLER wishes to assume and maintain ownership ofthe CANINE,and the CITY wishes to divest itself of both ownership and vicarious or direct liability for the CANINE. D. CITY does hereby agree to relinquish all of its right, title and ownership interest in the CANINE whatsoever,effective upon HANDLER's execution and return ofthis signed Agreement and payment of the sum of one and no/100ths dollars ($1.00)to CITY. NOW, THEREFORE, in consideration of this Agreement, the PARTIES hereto agree as follows: 1. HANDLER agrees to assume ownership of the retired Vernon police canine named Rico,and to assume any and all risks,including,but not limited to,risk of injury or death to third persons, and to hold CITY, its elected and appointed officials, its police department, and its employees and/or agents or volunteers harmless from any and all liability, claims, administrative proceedings or other responsibility whatsoever arising from any injuries or damages that may occur on or after the date ownership of the CANINE is transferred pursuant to this Agreement. That date is hereby fixed by agreement by and among the PARTIES hereto as being 2015, hereinafter the"DATE OF TRANSFER OF OWNERSHIP". 2. HANDLER further agrees to assume all liability for risks and dangers relating to his ownership of the CANINE on and after the DATE OF TRANSFER OF OWNERSHIP, and to indemnify and hold CITY, its elected and appointed officials, its police department, and its employees and/or agents or volunteers harmless in the event that any 1 egal or administrative - 1 - action, whether by claim, demand or otherwise, is made by any person or entity as a consequence of or arising out of any event, act or disturbance involving the CANINE on or after the DATE OF TRANSFER OF OWNERSHIP. The aforementioned hold harmless provisions shall extend to any direct or vicarious liability arising from any and all losses,liabilities,charges (including reasonable attorney fees and court costs),and any other expenses whatsoever which may arise in any manner after the DATE OF TRANSFER OF OWNERSHIP. 3. HANDLER agrees that he will assume all responsibility for the care, feeding, handling, training, keeping and all other responsibilities associated with CANINE after the effective date of this agreement, and that the CITY shall have no further responsibility of any type whatsoever associated with CANINE after the date of this agreement. 4. HANDLERwarrants and represents to the CITY that he has suitable accommodations at his residence for the care and keeping of CANINE and will take reasonable steps to assure that he will continue to have suitable accommodations at h i s residence for the care and keeping of CANINE in the future. 5. This Agreement shall be governed by the laws of the State of California and venue for any action brought hereunder shall be with the Los Angeles County Superior Court. 6. In the event of any dispute between the PARTIES arises under or regarding this Agreement, the prevailing party in any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the court. 7. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 8. HANDLER acknowledges that he has read the foregoing Agreement and understands that it is contractual in nature and understands each of its provisions and further agrees to be bound thereby. 9. This Agreement represents the entire and integrated agreement between CITY and HANDLER and supersedes all prior negotiations, representations, or agreement, either oral or written. This Agreement may be amended only by written instrument signed by CITY and HANDLER. [Signatures Begin on Next Page]. -2 - IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed in Vernon, Los Angeles County, California, on the date first stated above. "CITY" "HANDLER" CITY OF VERNON, a California charter City and California municipal corporation By: By: Mark Whitworth, City Administrator Donald Vanover ATTEST: Maria E. Ayala, City Clerk APPROVED AS TO FORM: Zaynah Moussa-Milward, Deputy City Attorney -3 - RECEIVED OCT 01 2015 ITYADMINIS AD MINISTRATION RATION _ X'10% r POLICE DEPARTMENT c r R E C E I VL=I) Daniel Calleros,Chief of Police 4305 Santa Fe Avenue,Vernon,California 90058 OCT 0 8 2015 Telephone(323)587-5171 Fax(323)826-1481 CITY CLERK'S OFFICE October 1, 2015 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., September 16, 2015 up to and including midnight of September 30, 2015. Respectfully submitted, VERNON POLICE DEPARTMENT Let-x� DANIEL CALLEROS CHIEF OF POLICE DC/ar F.xcfusivefy Industriaf VERNON POLICE DEPARTMENT Department Activity Report First Date: 09/16/2015 Jurisdiction: VERNON Last Date: 09130/2015 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7,961,962,10-10,WASH,EQUIPA 135 120 10-96M 10-96 MARY(MAIL DETAIL) 6 4 20002 NON-INJURY HIT AND RUN 11 4 20002R NON-INJURY HIT AND RUN REPORT 15 10 207 KIDNAPPING 7 1 211S SILENT ROBBERY ALARM 7 2 273.5 DOMESTIC VIOLENCE 3 1 314 INDECENT EXPOSURE 3 1 314R INDECENT EXPOSURE REPORT 5 1 415 DISTURBING THE PEACE 16 5 417 BRANDISHING A WEAPON 13 2 459A AUDIBLE BURGLARY ALARM 121 63 459R BURGLARY REPORT 2 1 459S SILENT BURGLARY ALARM 7 3 459VR BURGLARY TO A VEHICLE REPORT 1 1 476R FRAUD REPORT 2 1 484R PETTY THEFT REPORT 8 5 487R GRAND THEFT REPORT 3 2 586 PARKING PROBLEM 14 12 594 VANDALISM 13 4 594R VANDALISM REPORT 9 6 602 TRESPASS 5 2 901 UNKNOWN INJURY TRAFFIC COLLISION 4 1 901T INJURY TRAFFIC COLLISION 8 2 902T NON-INJURY TRAFFIC COLLISION 49 28 902TR NON-INJURY TRAFFIC COLLISION REPORT 2 2 909E TRAFFIC ENFORCEMENT 1 1 911 911 MISUSE/HANGUP 16 8 911A CONTACT THE REPORTING PARTY 11 8 920PR LOST PROPERTY REPORT 7 3 925 SUSPICIOUS CIRCUMSTANCES 40 14 ASTVFD ASSIST VERNON FIRE DEPARTMENT 48 25 BOSIG BROKEN SIGNAL OR LIGHT 5 1 BOVEH BROKEN DOWN VEHICLE 20 13 CITCK CITATION CHECK 5 5 CIVIL CIVIL MATTER 2 1 CODE5 SURVEILLANCE/STAKE-OUT 12 4 COP COP DETAIL 2 1 COURTESY RI COURTESY REPORT 1 1 DET DETECTIVE INVESTIGATION 7 5 DETAIL DETAIL 1 1 DUI DRIVING UNDER THE INFLUENCE 2 1 DUST DUST FOR PRINTS 1 1 FILING OFFICER IS 10-6 REPORT WRITING 3$ 38 FU FOLLOW UP 14 11 GTAR GRAND THEFT AUTO REPORT 8 5 HBC HAILED BY A CITIZEN 3 3 ILLDPG RPT ILLEGAL DUMPING REPORT 1 1 1010112015 02:30:50 Page f of :� VERNON POLICE DEPARTMENT Department Activity Report First Date: 09/16/2015 Jurisdiction: VERNON Last Date: 09/30/2015 Department Complaint All Units Primary Unit Type Description VPD KTP KEEP THE PEACE 6 2 LOCATE LOCATED VERNON STOLEN VEHICLE 2 2 MISPR MISSING PERSON REPORT 1 1 MUTUAL AID MUTUAL AID 2 1 PANIC ALARM PANIC ALARM/DURESS ALARM 4 2 PAPD PUBLIC ASSIST-POLICE 5 3 PATCK PATROL CHECK 156 126 PEDCK PEDESTRIAN CHECK 75 46 PRSTRAN PRISONER TRANSPORTED 10 8 REC RECOVERED STOLEN VEHICLE 13 5 RECKLESS DF RECKLESS DRIVING(23103) 3 1 REPO REPOSSESSION 1 1 ROADRAGE ROAD RAGE 2 1 RR RAIL ROAD PROBLEM 3 1 SHOTS SHOTS 4 1 SPEED SPEED CONTEST OR SPEEDING(23109) 2 2 SPEEDTRAILE TO BE USED WHEN THE TRAILERS ARE DEPLOY[ 1 1 TRAFFIC STOI TRAFFIC STOP 363 254 VCK VEHICLE CHECK 83 62 VEH RELEASE VEHICLE RELEASE 18 16 VIDEOCHECK VIDEO EQUIPMENT CHECK(10-96 V) 1 1 WARRANT WARRANT ARREST 4 2 WELCK WELFARE CHECK 10 4 Department: 1483 978 Overall: 1483 978 1010112015 02:30:50 Page 2 of 2 VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 09/30/15 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 15 VEHICLES: $1,000 NON-INJURY 11 INJURY 4 Pedestrian Fatalities City Property Damage 2 Hit& Run(Misdemeanor) 6 Hit& Run (Felony) Persons Injured 5 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 27 OTHER DEPARTMENTS Abandoned/Stored Vehicle 12 VEHICLES: $14,900 Traffic Hazard 4 CITATIONS Citations Iss (Prisoner Release) 17 Citations Iss (Moving) 157 Citations Iss (Parking) 31 Citations Iss (Total) 188 Hazardous 56 Non-Hazardous 101 Other Violations CASES CLEARED BY ARREST AR15-245 CR15-1592 11377(A) HS AR15-246 CR15-1596 20002(A) VC AR15-247 CR15-1601 11377(A) HS AR15-248 CR15-1607 11364 HS AR15-249 CR15-1608 11364 HS AR15-250 CR15-1609 11364 HS AR15-251 CR15-1610 20710 PC AR15-252 CR15-1662 20170(A) PC AR15-253 CR15-1664 245(A) (1) PC AR15-255 CRI5-1675 10851(A) VC AR15-256 CR15-1676 314.1 PC AR15-257 CR15-1678 3000.08(C) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING 09 30 15 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON BURGLARY CARRY CONCEALED WEAPON I EMBEZZLEMENT_ GRAND THEFT_ _MURDER POSS. CONTROLLED SUBSTANCE `POSS. STOLEN PROPERTY RESISTING ARREST 'GRAND THEFT AUTO 1 1 WARRANT FOREIGN WARRANT(BENCH) TOTAL FELONY ARRESTS 1 0 1 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS ASSAULT WITH A DEADLY MALE FEMALE TOTAL WEAPON 1 1 CRIMINAL THREATS EXPOSE OR DISPLAY IMITATION FIRE 1 1 INDECENT EXPOSURE 1 1 NON-INJ HIT& RUN TRAFFIC ACCIDEI 1 1 POSS. CONTROLLED SUBSTANCE 5 5 POSS. SHOBI-ZUE KNIFE 1 1 RESTRAINING ORDER VIOLATION VIOLATION OF PAROLE 1 1 WARRANTS (BENCH/TRFCi 2 2 WARRANTS (FOREIGN) TOTAL MISD. ARRESTS 13 1 0 13 JUVENILES DETAINED --- FELONY AND MISDEMEANOR BTU RGLARY MALE FEMALE TOTAL PEM THEFT VANDALISM VEHICLE THEFT WARRANTS (BENCH) TOTAL JUVENILES DET. 0 0 0 TOTAL FELONY ARRESTS (ADULT)TO DATE: 76 TOTAL MISDEMEANOR ARRESTS (ADULT) TO DATE: 177 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR)TO DATE: 5 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR)TO DATE: 258 N tT Q7 N O n N a Q O O N Cl) a) X) G rO li N O N 7N v O O O Or r O FQ ? 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U � A A ` ONN co = � ONE o LLI U o O C~ ❑ ❑ NCV 0 0 a ❑ ❑ ❑ ❑ N ❑ N IL AO O O d O N 0� m •� LO LnU) LO LO W) ? o o V o 0 0 0 w NCD LL N N N y 0 roi Q M N M Q ro) > re Q o 0. o ff o rn o v a v o C7 O � V Z O O O q � IL iL a o O O en 0 > � � � � � N a' � � ,p I 7 V) 00 O n •� � en OMO 0�0 00 .90.i 00 0�0 N vCDi vczi kn k o l r O 0 O O O O 115 U N N N N N N 0 0 � N a � 0 _ o �OQ N h C1 m � � a W t2 U2 � a O c� V O N ts ao 4� *y � 0 W o o A 0 ikkko EZ o O Z aoW zi in H W N O � d • ,r1 ti W W L O O LO Ct ZS W 4 Q "' z v+i •� A A w r CD 4 N A " W tj U4 q, Z j .q H O A ~ o a L N Q •V �l V N E C IF E D RECEIVED OCT 0 8 2015 OCT 13 2015 CITY AQMIfVISTRAT CITY CLERK'S OFFICE t l IN STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVICE DEPARTMENT DATE: October 7,2015 TO: Honorable Mayor and City Council w FROM: Samuel Kevin Wilson, for or Public Works, Water & Development Services Department Originator: Alfonso Hcrnane6errrut Technician Cynthia Niirek-, rant Technician RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of September 2015.Thank you. r ` City of Vernon �. Building Department Monthly Report from 9/1/2015 to 9130I2015 Type Value #of Permits Demolition $20,000.00 1 Electrical $554,770.00 20 Industrial-Addition $295,000.00 1 Industrial-Remodel $404,800.00 e Mechanical $882,317 00 10 Miscellaneous $1,149,400.00 11 Plumbing $344,048 00 8 Roof $116,500.00 2 SEPTEMBER 2015 TOTALS PERMITS: $3,766,835.00 61 PREVIOUS MONTHS TOTAL $54,235,677.00 657 YEAR TO DATE TOTAL $58,002,512.00 718 SEPTEMBER 2014 TOTALS PERMITS: $3,781,981 00 70 PREVIOUS MONTHS TOTAL $42,430,251.00 444 PRIOR YEAR TO DATE TOTAL $46,212,232.00 514 �k W Sam, e efiin Wilson Director of Public Works,Water&Development Services City of Vernon Building Department Major Projects from 91112015 to 9/30/2015 Valuations>20,000 Permit No. Project Address Tenant Description Job Value Demolition B-2015-0568 5075 PACIFIC BLVD Partial demo. of existing warehouse 20,000.00 APN 6308010017 building. (1,800sq.ft.) 1 Record(s) $20.000.00 Electrical B-2015-0459 5041 SANTA FE AVE Electrical for reconstruction of 30,000 00 APN 6308015019 8710SF burned existing building, TI of 9,665 SF existing office and building. 13-2015-0636 3840 26TH ST 400 amp feeder to printing press 40,000.00 APN 5192030001 B-2015-0640 4740 26TH ST new electrical work for bottling 23,000.00 APN 6332001004 equipment. B-2015-0518 4560 LOMA VISTA AVE Conveyor system electrical 25,570.00 APN 6304020024 installation. B-2015-0507 2901 FRUITLAND AVE Electrical work for mechanical 250,000.00 APN 6303029016 installation. 8-2015-0574 3570 VERNON AVE Pump House 2, Change electric 130,000.00 APN 6303010901 service. 6 Record(s) $498,570.00 Industrial -Addition B-2015-0613 5041 SANTA FE AVE Re-construction of burnt 8,710 sq ft 295,000 00 APN 6308015019 commercial manufacturing building TI of existing 9,665sq ft office& remodeling building For payment details refer to Master Permit B-2015-0014. 1 Record(s) $295,000.00 Industrial -Remodel B-2015-0437 6250 BOYLE AVE Demolition and construction of 60,000 00 APN 6310027022 interior non-load bearing partitions. B-2015-0438 5000 PACIFIC BLVD TI of existing warehouse, loading 300,000.00 APN 6308003901 dock and restroom 2 Record(s) 5360,000.00 Mechanical 8-2015-0364 4510 ALAMEDA ST Theemol beater, fryer and 25,000.00 APN 6308013044 associated piping installation. B-2015-0195 3501 VERNON AVE Pro Portion Foods Steam oven and associated piping 80,000.00 APN 6303009021 B-2015-0478 6250 BOYLE AVE TI-HVAC-Add 2 new heat pump 20,000.00 APN 6310027022 units and 2 exhaust fans. Permit No, Project Address Tenant Description Job Value B-2015-0469 3883 SOTO ST Install (3 coils) air units in the RTE 162,830.00 APN 6302020059 room. B-2015-0373 4201 FRUITLAND AVE (3) 150 HP Boilers and equipment. 200,000.00 APN 6304027018 B-2015-0519 4560 LOMA VISTA AVE Conveyor system installation. 367,187.00 APN 6304020024 6 Record(s) $865.017.00 Miscellaneous B-2015-0579 4545 PACIFIC BLVD remove and replace 25 smoke 25,000.00 APN 6308008024 hatch skylights. B-2015-0499 4801 50TH ST installation of storage racks 54,000.00 APN 6304013029 B-2015-0506 2901 FRUITLAND AVE REMOVE AND INSTALL 1,000,000.00 APN 6303029016 CONVEYOR AND MACHINERY. B-2015-0363 4510 ALAMEDA ST Housing for Fryer 25,000 00 APN 6308013044 4 Record(s) $1,104,000.00 Plumbing B-2015-0384 3200 SLAUSON AVE Storm Drain for New Building. 300,000.00 APN 6310027023 FW B-2015-0028 1 Record(s) $300,000.00 Roof B-2015-0623 3030 VERNON AVE Re-roof entire building 100,000.00 APN 6308001040 1 Record(s) $100,000.00 22 Permit(s) Total $3,532,587.00 5k Samu Ke in Wilson Director of Public Works, Water& Development Services City of Vernon Building Department New Buildings Report-September 2015 NONE Samu.44 KfjvVn Wison Director of Public Works,Water&Development Services City of Vernon �. Building Department Demolition Report-September 2015 Julia and David Properties Inc. 5075 Pacific Blvd. Inside Redevelopment Area 1,800 Sq.Ft. Samuel K-ejvin Wilson Director of Public Works, Water,&Development Services City of Vernon Building Department y Status of Certificates of Occupancy Requests Month of September 2015 Request for Inspection 27 Approved 18 Pending 275 Temporary Occupancies 37 Samual Kev n Wilson Director of Public Works, Water& Development Services City of Vernon Certificate of Occupancy Applications Date From 911/2015 to 9130/2015 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy C-2015-0195 6270 S BOYLE AVE Hudsloan Sewing $940.00 101912 APN manufacturing C-2015-0196 4561 48TH ST BTG Textiles Inc. Warehouse textile $689.00 11730 APN 6304019010 C-2015-0197 3170 SLAUSON AVE Beaver Paper/CMC Digital Warehouse general $689.00 20928 APN 631DO27037 Media Inc. merchandise C-2015-0199 2036 45TH ST HP Metal Polishing Polish metals $300.00 2400 APN 6308013030 C-2015-0200 4851 SANTA FE AVE Unicept Apparel,Inc. Sewing factory $689.00 15740 APN 6308015044 C-2015-0201 2341 49TH ST Unicept Apparel Inc. Storage of garments $689.00 5649 APN 6308015044 C-2015-0202 3090 50TH ST American World Food Inc. Wholesale food $689.00 21444 APN 6303029014 dba Shalom and Sons distribution C-2015-0203 4535 48TH ST Evergreen Smart Energy Storage toilets $689 00 10000 APN 6304019010 C-2015-0204 3250 SACO ST 37th Industrial Investment Dead storage (New $0.00 30964 APN 6302006026 LLC Building) C-2015-0205 2059 37TH ST Amy's House Inc. Import and Design $689.00 9440 APN 6302011008 Women's Clothing C-2015-0206 6180 ALCOA AVE Farinella Cheese Distributing cheese $300.00 2000 APN 6310027036 C-2015-0207 2845 26TH ST 26 Califomia Wholesale Wholesale general $940.00 123000 APN 5169031013 merchandise C-2015-0208 3864 SANTA FE AVE Rich and Skinny Inc. Design and $300.00 1700 APN 6302018003 wholesale apparel goods C-2015-0210 5124 PACIFIC BLVD Huadisi Textile, Inc. Warehouse clothing $689.00 10000 APN 6308003012 C-2015-0211 2939 BANDINI BLVD Gilli, Inc Gartment $815.00 61200 APN 6303002020 manufacture and warehouse C-2015-0212 3240 BANDINI BLVD Wynn Expedited Logistics Freight terminal $689.00 9000 APN 6303007033 C-2015-0213 4827 49TH ST OK Andy Wholesale/ $300.00 2000 APN 6304014003 warehouse general merchandise C-2015-0214 5200 ALAMEDA ST Food Manufacturing Peking Food Co $940 00 125643 APN 6308016038 C-2015-0215 6152 BOYLE AVE Alejandra's Fashion Inc Warehouse $300 00 20000 APN 6310027037 garments C-2015-0216 2333 49TH ST Maria's Bikinis Swimwear garment $689.00 11480 APN 6308015044 Corp. manufacturing Issued Permit No. Project Address Tenant Description Fees Paid Square Feet C-2015-0217 2120 25TH ST United Growers LLC Wholesale of Fresh $300 00 1500 APN 6302008006 Produce C-2015-0218 3155 LEONIS BLVD Aurora MFG USA, Inc. Wholesale Clothing $300 00 1100 APN 6303020009 C-2015-0219 4159 BANDINI BLVD Dollarwise Trading Inc. General $689.00 36600 APN 5243020014 Merchandise Wholesale C-2015-0220 6180 ALCOA AVE Youneed Food,Inc. Warehouse food $300.00 3000 APN 6310027036 products C-2015-0221 2670 LEONIS BLVD DQT Collection Inc. Warehousing $300.00 3500 APN 6308003010 apparel and garment cutting C-2015-0194 2900 44TH ST Papa Cantella's, Inc. Food processing $1,378 00 12240 APN 6303014014 C-2015-0198 3653 SIERRA PINE AVE Reflex Trading,Inc. Warehousing of $689.00 20000 APN 5303002012 garments 27 Record(s) Total for Certificate of Occupancy: $15,981.00 674,170.00 27 Permits(s) Total Fees Paid $15,981.00 City of Vernon Certificate of Occupancy Issued Date From 91112015 to 913012015 Issued Permit No. Project Address Tenant Description Fees Paid Square Feet Certificate of Occupancy 9/9/2015 C-2015-0042 4281 BANDINI BLVD Queen Sales Inc. Warehouse general $689.00 10800 APN 5243019015 merchandise 9/9/2015 COO-003-754 3144 SLAUSON AVE Eco Houseware,Inc. Warehousing of $689.00 15,473 APN 6310027037 Houseware 9/9/2015 C-2015-0070 2882 54TH ST Zona Libre USA,Inc Warehousing clothing $689.00 5375 APN 6310010007 9/9/2015 C-2015-0099 5455 BOYLE AVE California Global Ts Co. Warehousing of $689.00 15000 APN 6310010014 garments 9/9/2015 C-2015-0106 5008 BOYLE AVE La Moda 101,Inc. Office use $300,00 1200 APN 6303028015 9/9/2015 C-2015-0157 2375 27TH ST BIDU,Inc. Sewing garments $300 00 4480 APN 6302008018 9/15/2015 C-2015-0194 2900 44TH ST Papa Cantella's,Inc_ Food processing $1,378.00 12240 APN 6303014014 912212015 C-2015-0198 3653 SIERRA PINE AVE Reflex Trading,Inc. Warehousing of $689.00 20000 APN 6303002012 garments 9/24/2015 C-2015-0144 3864 SANTA FE AVE Hedley 8 Bennett,Inc. Warehouse aprons $689.00 8000 APN 6302018003 9/24/2015 C-2015-0158 3226 44TH ST Mola Inc. Sewing contracting $689.00 19000 APN 6303016005 9/28/2015 C-2015-0162 2105 37TH ST Appleton's Custom Bars Manufacturing of $300 00 2500 APN 6302010008 motorcycle habdie bars 9/28/2015 C-2015-0076 5111 HAMPTON ST Alexander Jeans, Inc Manufacturing of $600.00 2000 APN 6308010032 garments 9/28/2015 C-2015-0151 1930 51ST ST You-Want-A-Deal Inc. Warehousing of small $689.00 23000 APN 6308016005 appliances 9/28/2015 C-2015-0192 4890 ALAMEDA ST Anne Sophie, Inc.dba Handbag wholesale $689.00 28100 APN 6308015072 Emperia Handbag 9/29/2015 COO-003-754 2858 26TH ST Fresh American Produce,Inc.Warehousing of $815.00 57640 APN 6303003010 9/29/2015 C-2015-0155 2289 49TH ST Unicept Apparel Inc. Sewing factory $689.00 25000 APN 6308015044 9/29/2015 C-2015-0118 4789 LOMA VISTA AVE Nuconic Packaging,LLC Storage of finished $689.00 23717 APN 6304025029 plastic packaging 9/29/2015 C-2015-0174 5210 SANTA FE AVE BTS Apparel,Inc Manufacturing of $300.00 3000 APN 6309002007 garments/sewing 18 Record(s) Total for Certificate of Occupancy: $11,572.00 276,526.00 Total Fees Paid $11,572.00 18 Permits(s) • 7 RECEIVED RECEIVED _ OCT 15 2015 OCT 15 2015 STAFF REPORT CITY CLERK'S OFFICE FIRE DEPARTMENT CITY AD ���'RATIQN L n DATE: October 20,2015 TO: Honorable Mayor and City Council FROM: Michael A. Wilson,Fire Chief Originator: Adriana Ramos, Administrative Secretary RE: Approval to Purchase One (1) Paramedic Rescue Ambulance for the Fire Department Recommendation A. Find that approval of the proposed purchase 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 B. Approve the purchase of one (1) Paramedic Rescue Ambulance from Leader Industries in the amount of$164,882.82, and authorize the Purchasing Department to issue a purchase order to Leader Industries to replace the current 2001 Paramedic Rescue Ambulance that no longer meets the needs of the department. Background The Proposed Purchase Compliance with the Municipal Code The Fire Department requests that the City Council approve the purchase of one (1) Paramedic Rescue Ambulance from Leader Industries, in the amount of$164,882.82. For this purchase the City intends to piggyback onto a current contract between the City and County of San Francisco and Leader Industries. Piggybacking is expressly authorized by Vernon Municipal Code Section 2.17.12(A)(5) and allows Vernon to use an existing public agency contract as a template to form its own contract directly with the same vendor to purchase on same or similar terms. The City and County of San Francisco used a competitive bid process to obtain vehicle cost for Leader Industries. As such, staff requests that the City Council approve the purchase order without requiring the completion of the traditional competitive bidding Page 1 of 2 process. The City of Vernon will be able to save time and resources by piggybacking onto the City and County of San Francisco purchase order with Leader Industries. Reason Purchase is needed The new 2016 Paramedic Rescue Ambulance will replace a 2001 Paramedic Rescue Ambulance that has exceeded the recommended service time pursuant to the Vernon Fire Department "Apparatus Replacement Schedule" The current Apparatus Replacement Schedule allows for ten (10) years of front line service; followed by ten (10) years of "Reserve Status" prior to the retirement of a Paramedic Rescue Ambulance. Fiscal Impact The new Paramedic Rescue Ambulance will be purchased utilizing funds in the 2015/2016 budget that were specifically budgeted for the purchase of a new Paramedic Rescue Ambulance. Attachment(s) 1. Leader Industries Customer Sales Order Pricing Summary—City of Vernon 2. Leader Industries Customer Sales Order Pricing Summary — City and County of San Francisco 3. Executed Purchase Order between City and County of San Francisco and Leader Industries Page 2 of 2 Rev.12/18/14 Customer Sales Order Pricina Summary LEADER INDUSTRIES Vernon Fire Department LRIJR Steve De La Montanya FIITIBUILHI7CE 10941 Weaver Avenue 4305 5 Santa Fe Ave South El Monte,CA 91733 Vernon,CA 90058 707-529-7522 Craig Peltier (323)583-4821 Parent Job 1610 LI96-148"Ford Type III w/72"headroom, Base Conversion (2016)FORD V10 E350 Gas Cutaway Chassis 138" 20 40 Multi Unit Discount(2-4 vehicles built consecutively)-$750 per vehicle. ($2,000) 30 50 (2015)$5200 FORD FACTORY REBATE(E-350 CUTAWAY) ($5,200) THE ABOVE ITEMS ARE ALREADY INCLUDED IN THE CONTRACT PRICE. SHIPPING FOB Leader Industries So El Monte, CA 1 Each Extended Amount Subtotal for base vehicle: $118,904.00 $118,904.00 Subtotal for all option items: 31,041.00 31,041.00 SUB TOTAL FOR VEHICLE AND ALL ITEMS IN THE CONTRACT: 149,945.00 149,945.00 MUNICIPAL CUSTOMER DISCOUNT: (4,000.00) (4,000.00) Price Adjustment to conversion Base, Per S.F. Fire Contract, U.S. Department of Labor Index, 4,028.00 Subtotal for base vehicle and all taxable items: $149,973.00 $149,973.00 Sales tax calculated at:9.00 % 13,497.57 13,497.57 Estimated DMV fees: 0.00 0.00 7 Tires fees($1.75) per tire: 12.25 12.25 Delivery Fees: 0.00 0.00 Customer Contingency Amount: 1,400.00 Contract Total: $164,882.82 $164,882.82 Estimated delivery is190 days from order confirmation (subject to change). Customer Representative Date: Payment:(Please check one) Leasing Company Check 0 Wire Transfer 0 Purchaser agrees to defend,indemnify and hold Halcore Group Inc,dba Leader Industries,harmless from any claims,costs(including actual attorney's fees),damages and liabilities caused in whole or inpart by any alteration or modification of,or changes or additions to these purchased products. TERMS:All Vehicle Sales Are C.O.D. Titles to be Processed Upon Receipt of Payment in Full Quotation is valid for 60 days THANK YOU FOR YOUR BUSINESS 1610 2013 Database 2015 Database 8/31/2015 Customer Sales Order Pricino Summary LEADER INDUSTRIES San Francisco City & County Steve De La Montanya LERINER 143 Meadow Place FimBI tAnCE 1 Dr.Carlton B. Goodlett Place RM 430 Windsor,CA 95492 San Francisco,CA 94102 707-546-1070 Whitney D. Bagby, RFP 72260, Parent Job 1445 (2014)LI96-148"Ford Type III wl 72"headroom, Base Conversion (2014)FORD V10 E350 Gas Cutaway Chassis 138" 20 4 Mulb Unit Discount(On two or more vehicles build consecutively} ($2,000) 30 - 5 Ford E350(Gas)$5300 Fin code or K code discount ($5,300) THE ABOVE ITEMS ARE ALREADY INCLUDED IN THE CONTRACT PRICE. SHIPPING FOB PER RFP SERVICE CENTER PAETALUMA. CA. DESIGNATED SAN FRANCISCO 10 Each ErtendedAmount Subtotal for base vehicle: $118,148.00 $1,181,480.00 Subtotal for all option items: 44,778.00 447,780.00 SUB TOTAL FOR VEHICLE AND ALL ITEMS IN THE CONTRACT: 162,926.00 1,629,260.00 MUNICIPAL CUSTOMER DISCOUNT: (4,000.00) (40,000.00) Subtotal for base vehicle and all taxable items: $158,926.00 $1,589,260.00 Sales tax calculated at:8.75 % 13,906.03 139,060.25 Estimated DMV fees: 0.00 0.00 7 Tires fees($1.75) per tire: 12.25 122.50 Delivery Fees: 900.00 9,000.00 PRE-CONSTRUCTION CONFERENCE, MID& FINAL INSPECTIONS, 2 PERSONS. EACH 3,600.00 Contract Total: $174,104.28 $1,741,042.75 Estimated delivery is 160 days from order confirmation (subject to change). Customer Representative Date: Payment:(Please check one) Leasing 0 Company Check 0 Wire Transfer 0 Purchaser agrees to defend,indemnify and hold Halcore Group Inc,dba Leader Industries,harmless from any claims,costs(including actual attorney's fees),damages and liabilities caused in whole or inpart by any alteration or modification of,or changes or additions to these purchased products TERMS:All Vehicle Sales Are G.O.D. Titles to be Processed Upon Receipt of Payment in Full Quotation is valid for 60 days THANK YOU FOR YOUR BUSINESS 1445 2013 Database 5/22/2014 * * * * * * * * 0 R I G I N A L * * * * * * * * * * CITY AND COUNTY OF SAN FRANCISCO PAGE : 01 c�tr � PURCHASE ORDER �- 9r FIRE DEPARTMENT u w PO NUMBER: POF'C15000014 PQ AMOUNT: $856, 168 . 44 TO: LEADER IN USTRIES PO PRINT DATE: 09/17/2014 10941 WEAVER AVE S EL MONTE CA 91733 PHONE 626-575-0880 VENDOR ID: 87647 TERMS: NET 30 FOB DEST REQ # RQFC15000016 DELIVERY DATE OR ARO: 02/24/2015 DELIVER TO: SFFD/CENTRAL SHOP (FCD18) 1800 JERROLD AVE SAN FRANCISCO CA 94124 ATTN: DAVE DEL GRANDE 17 AUTHORIZED SIGNATURE: DATE I JUDY Ni O G PHONE: 41 -554-6258 ORIGINAL ORDER MUST BE SIGNED TO BE VALID INVOTCF TO: FIRE DEPARTMENT (FCI01) 698 2ND STREET 3RD FLR SAN FRANCISCO CA 94107 ATTN: MARK CORSO TERMS: DO NOT DEVIATE FROM STATED PRICES. DO NOT SEND MERCHANDISE TO THE INVOICE ADDRESS. THE "PO" NUMBER ON THIS DOCUMENT MUST APPEAR ON YOUR INVOICES. THE TERMS AND CONDITIONS LISTED ON THE REVERSE SIDE OF THIS PAGE AND THE TERMS AND CONDITIONS INCORPORATED INTO THE CITY' S BID DOCUMENT ARE HEREBY MADE A PART OF AND APPLICABLE TO THIS PURCHASE ORDER. THE CASH DISCOUNT PERIOD BEGINS WHEN THE ORDER IS RECEIVED AT THE CORRECT ADDRESS, OR WHEN A CORRECT INVOICE IS RECEIVED AT THE ABOVE ADDRESS, WHICHEVER IS LATER. CONTINUED, NEXT PAGE * * t t * + * * O R I G I N A L * * * * * * * * * * CITY AND COUNTY OF SAN FRANCISCO PAGE : 02 cotrr�p PURCHASE ORDER FIRE DEPARTMENT PO NUMBER,. POFC15000014 w PO AMOUNT ; $856, 168 .44 ITEM COMMODITY ID UOM TAX QUANTITY UNIT PRICE TOTAL PRICE NAME/SPECS 1 9070-03 EA i' 5.00 157, 445 . 0000 --56, 107 . 19 VEH;AMBULANCE EQUIPMENT AUTHORIZATION NO. FCD1502R (2 UNITS) , FC1503N (3 UNITS) AMBULANCE, TYPE III IN ACCORDANCE WITH THE ATTACHED EQUIPMENT SPECIFICATIONS DATED 5/22/2014, APPENDIX A, TERM CONTRACT 72260 AND CHANGE ORDER #1 DATED 7-31-2014 . DELIVERY OF 5 UNITS: NO LATER THAN TUESDAY, FEBRUARY 24, 2015 (DELIVERY DATE IN ACCORDANCE WITH SECTION 73,DELIVERY OF THE CONTRACT) LIQUIDATED DAMAGES FOR LATE DELIVERY AND NON-PERFORMANCE ARE AFPLIED ICI ACCORDANCE WITH SECTIONS 1. 13 AND 1 . 14, APPENDIX A, EQUIPMENT SPECIFICATION DATED 5/22/2014 OF THE CONTRACT . 2 9947-08-08 LT N r .OD 12 .2500 61.25 CHARGE, TIRE TAX;MOTOR VEHICLE MANDATORY CALIFORNIA STATE TIRE TAX - $1 .75 PER TIRE. i LOT OF TIRES IS CONSIDERED 6 'TIRES PLUS 1 SPARE FOR EACH VEHICLE; THEREFORE, THE TIRE TAX FOR A STANDARD VEHICLE IS $12 .25 PER LOT (VEHICLE) . TOTAL ITEMS AMOUNT $787,286.25 SALES TAX $68, 882. 19 INVOICE AMOUNT $856, 168 . 44 **** END OF ITEM LIST **** * * * * * * * * O R I G I N A 1, * * * * * * * * * * CITY AND COUNTY OF SAN FRANCISCO PAGE : 03 PURCHASE ORDER Pao, FIRE DEPARTMENT PO NUMBER: POFC15000014 # PO AMOUNT: $856, 168 . 44 SFX INDEX SUBOBJ USERCODE PROJCT PRJDTL GRANT GRNTDTL A-MOUNT 01 315041 06039 PFC300 00 856, 168 . 44 --------- ------- 856, 168 .44 **** END OF DOCUMENT **** y v' RECEIVED RECEIVE® OCT 13 2015 O C T 15 2015 "►+2i lM* CITY ADMINISTRATION MY CLERK'S OFFICE STAFF REPORT VERNON GAS & ELECTRIC DEPARTMENT DATE: October 20,2015 �1 TO: Honorable Mayor and City Council FROM: Carlos Fandino Jr., Director of Vernon Gas & Electric Department Originator: Abraham Alemu, Electric Resource Planning & Development Manager RE: Establishment of the City of Vernon Gas & Electric Department's Resource Adequacy Plan for 2016 Recommendation A. Find that the approval of the City of Vernon Gas & Electric Department Resource Adequacy Plan for 2016 referenced in this document 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 B. Approve the Resolution establishing the City of Vernon Gas & Electric Department Resource Adequacy Plan for 2016 that adopts: 1) The approval of the coincident peak Demand Forecast for 2016; 2) The approval to retain the same 15% Reserve Margin for planning purposes; 3) The approval of the Qualifying Capacity Criteria that will be used for determining qualifying resource types and the Qualifying Capacity from such resources; 4) The approval of the City's annual and monthly Resource Adequacy and Supply data; 5) The approval of the Resource Adequacy resources that will be counted on to satisfy the City's Local Capacity Requirement and Flexible Resource Adequacy Capacity Requirement for 2016; and C. Authorize staff to submit the City of Vernon Gas & Electric Department's Resource Adequacy (RA) Plan for 2016 and the Monthly Resource Adequacy and Supply data to the CAISO. Baciczround The California Independent System Operator (CAISO) as the electric grid operator is responsible for maintaining a reliable electric grid. One of the keys to maintaining a reliable grid is to ensure Page 1 of 4 that the electric system has adequate resources it needs to meet its electric demand. To do this, the CAISO has established provisions in its Tariff that are intended to ensure that Load Serving Entities (LSE), such as the City of Vernon, will secure sufficient resources to meet their customer's energy demands. Pursuant to Section 40 of the CAISO Tariff, LSEs must provide to the CAISO annually a Resource Adequacy demonstration or plan. The Resource Adequacy demonstration must include (1) a coincident peak Demand Forecast, (2) Reserve Margin, (3) Qualifying Capacity Criteria, (4) an annual and monthly Resource Adequacy and Supply data, and (5) a list of Resource Adequacy Resources that will be counted on to satisfy its Local Capacity Requirement and Flexible Resource Adequacy Capacity Requirement. (1) Coincident peak Demand Forecast: Is defined as the amount of the City of Vernon's load that contributes to the CAISO system peak. This is calculated by first establishing a monthly peak demand for the upcoming year. A monthly peak demand is established by taking the latest highest metered energy demand for the month and applying the projected load growth rate. Based on staff analysis, the projected load growth for 2016 is set at 0%. To establish the monthly energy demand for 2016, Staff has used the most recent 12 month highest monthly energy demand and applied a 0% load growth. Once the peak demand forecast is established, each monthly peak demand is multiplied by a coincident peak factor to establish the monthly coincident peak demand forecast. The coincident peak factor is calculated and provided to the City of Vernon annually by the California Energy Commission. It is the percentage of the City of Vernon's energy demand at the time of the CAISO system's peak demand. Mathematically, the Coincident peak Demand Forecast for 2016 is equal to the most recent 12 month monthly energy demand increased by 0% load growth and multiplied by the coincident peak demand factor. (2) Reserve Margin: Is defined as the amount of Resource Adequacy Capacity that an LSE must maintain above its coincident peak Demand Forecast. Pursuant to the CAISO Tariff, a LSE must establish a Reserve Margin of no less than 15%. Historically the City of Vernon has established its Reserve Margin at 15%. (3) Qualifying Capacity Criteria: A Load Serving Entity must provide the CAISO with a description of the criteria that will be used to determine the type of resources that can be used to meet its capacity obligation and the amount of capacity (Qualifying Capacity) from such resources. The City of Vernon has elected to use the following resources to meet its capacity needs and the qualifying capacity from each of them. a) Power supply contract/s entered through Western Systems Power Pool (WSPP) Agreement (MRTU Amendment) and defined as any SC-to-SC traded product for which an IST (Inter-SC Trades) can be submitted to the CAISO. b) Vernon Purchase Power Contract with Southern California Public Power Authority (SCPPA) for SCPPA's share of the Palo Verde Generating Station. The qualified capacity shall be 4.9% of SCPPA share of the Palo Verde Generating Station. c) The contract between the United States Department of Energy Western Area Power Administration Boulder Canyon Project and the City of Vernon. The Qualifying Capacity will be based on the most current schedule for the available capacity from the Boulder Canyon Project. Page 2 of 4 d) The generating units and system units within the City of Vernon's electric system. The amount of qualifying capacity of such units will be based on the projected dependable gross output capacity on a day when the ambient air temperature is 90 degrees Fahrenheit. e) Capacity from a Participating Generator, System Unit or a System Resource as defined in the CAISO Tariff. f) Interruptible Service agreements between the City of Vernon and its electrical customers. The qualifying capacity will be based on the contracted amount the electrical customer has agreed to interrupt either by a request from CAISO or upon an unscheduled outage of the Malburg Generating Station or any other generating unit internal to the City's electric system. (4) Annual and monthly Resource Adequacy and Supply data: Each annual and monthly Resource Adequacy and Supply data must be submitted to the CAISO on the established templates and on the set schedule dates. The Resource Adequacy data templates shall identify all of the qualified resources committed to meet the City's resource adequacy obligations and the adopted Reserve Margin. The Supply data templates list only those resources that the City owns or is responsible for scheduling with the CAISO. Monthly Resource Adequacy and Supply data templates will be consistent with the data submitted in the Annual Resource Adequacy and Supply data templates and may be adjusted for seasonal variations in the City's load or changes in its contracted/owned resource. (5) Local Capacity Requirement: On an annual basis, the CAISO publishes a technical study that determines the amount of capacity resources needed in the Los Angeles Basin area that must be available to the CAISO. Based on this study the CAISO allocate the amount of local capacity the City of Vernon must make available each month. The City of Vernon must then include in its Resource Adequacy Plan the list of local resources that will meet its Local Capacity Requirement. These resources must be listed and submitted to the CAISO in the approved Resource Adequacy data template. The data templates will includes the generating units and system units within the City of Vernon's electric system. (6) Flexible Resource Adequacy Capacity Requirement: On an annual basis, the CAISO conducts and publishes the results of a study that determines the Flexible Capacity Need for the CAISO Balancing Authority Area. The need for flexible capacity is a result of the CAISO managing a greener grid. The increase of variable energy resources and distributed generation has presented significant challenges to grid reliability. The CAISO determines and allocates the flexible resource adequacy requirement to each LSE. The tariff requires LSEs to have sufficient resources that could ramp up and down quickly and have the potential to start and shut down multiple times per day (i.e. flexible capacity). LSEs are required to include both annual and monthly Flexible Resource Adequacy capacity showings in the Resource Adequacy data template. The City of Vernon must then include in its Resource Adequacy Plan the list of Flexible Resource Adequacy resources that will meet its requirement. These resources must be listed and submitted to the CAISO in the approved Resource Adequacy data template. Page 3 of 4 Consistent with the CAISO Tariff requirements, staff has prepared the City of Vernon Gas & Electric Department's Resource Adequacy Plan for 2016 for City Council approval. Fiscal Impact There is no known fiscal impact. Attachment(s) None. Page 4 of 4 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING THE VERNON GAS & ELECTRIC DEPARTMENT RESOURCE ADEQUACY PLAN FOR 2016, WHICH INCLUDES THE PEAK DEMAND FORECAST, THE PLANNING RESERVE MARGIN, THE QUALIFYING CAPACITY CRITERIA AND THE QUALIFYING CAPACITY FROM SUCH RESOURCES, CITY' S RESOURCE ADEQUACY AND SUPPLY DATA AND APPROVES THE RESOURCES USED TO SATISFY THE CALIFORNIA INDEPENDENT SYSTEM OPERATOR' S TARIFF REQUIREMENTS WHEREAS, the City of Vernon (the "City" ) is a chartered municipal corporation of the State of California that owns and operates a system for the generation, purchase, transmission, distribution and sale of electric capacity and energy; and WHEREAS, the City has executed a Metered Subsystem Agreement ( "MSS Agreement" ) with the California Independent System Operator ( "CAISO" ) ; and WHEREAS, the City is considered a Load Serving Entity ("LSE" ) under certain terms of the CAISO' s Tariff ("Tariff" ) ; and WHEREAS, the Tariff requires each LSE to establish and submit to CAISO an annual Resource Adequacy Plan, which includes a peak Demand Forecast, a Reserve Margin, Qualifying Capacity Criteria, and a Supply Plan; and WHEREAS, the Tariff requires each LSE to submit monthly Resource Adequacy Plans and Supply Plans; and WHEREAS, the City has reviewed the historical and expected demand for and supplies of electricity within its distribution system, including the likely peak demand for electricity within the City' s distribution system throughout 2016, the available generation and other capacity to serve that demand, and constraints which might impact the availability of capacity to serve the City' s projected peak demand; and WHEREAS, based upon that review, the City finds that the peak demand for electricity within the City' s distribution system throughout 2016 is likely to experience load growth of approximately 0% as compared to the same months of the prior year; and WHEREAS, based upon that review, the City finds that the default 159o- Reserve Margin set forth in the Resource Adequacy provisions of the MRTU Tariff is sufficient for planning purposes; and WHEREAS, based upon that review, the City finds that the Qualifying Capacity Criteria specified in the City of Vernon Demand Forecast for 2016, Planning Reserve Margin, Qualifying Capacity Criteria and Annual Resource Adequacy and Supply Plan are sufficient and appropriate to be used in determining the amount of Qualifying Capacity needed to meet the City's projected peak monthly demand and 15% Reserve Margin. 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 approves and adopts the Gas & Electric Department Resource Adequacy Plan for Calendar Year 2016 (the "Annual Resource Adequacy Plan" ) , which includes the peak Demand Forecast, the Planning Reserve Margin, the - 2 - Qualifying Capacity Criteria and the Qualifying Capacity from such resources, the annual Resource Adequacy and Supply data, and the Resource Adequacy resources that will be used to satisfy the City' s Local Capacity Requirement for 2016, which is attached hereto as Exhibit A. SECTION 4 : The City Clerk, or Deputy City Clerk, of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the City Clerk, or Deputy City Clerk, of the City of Vernon shall cause this resolution and the 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 20th day of October, 2015 . Name: Title: Mayor / Mayor Pro-Tem ATTEST.- City Clerk / Deputy City Clerk APPROVED AS TO FORM: Brian B Deput City Attorney 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) I, City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. , was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, October 20, 2015, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of October, 2015 , at Vernon, California. City Clerk / Deputy City Clerk (SEAL) 4 - EXHIBIT - A City of Vernon Gas & Electric Department Resource Adequacy Plan Calendar Year 2016 Background: The Resource Adequacy provisions of the CAISO's Tariff require the Scheduling Coordinator("SC") of a Load Serving Entity ("LSE") such as the City of Vemon to establish and submit the following information upon approval from its Local Regulatory Authority. (1) a Coincident Peak Demand Forecast for its load, (2) a Reserve Margin used for planning purposes, (3) the Qualifying Capacity Criteria that will be used for determining qualifying resource types and the Qualifying Capacity from such resources, (4) an annual and monthly Resource Adequacy and Supply data, and (5) a list of the resource that will be used to satisfy the LSE's Local Capacity Requirement and Flexible Resource Adequacy Capacity Requirement showing. Staff has prepared this "City of Vernon Gas & Electric Department's Resource Adequacy Plan for Calendar Year 2016 consistent with the CAISO Tariff requirements. The following is a discussion of each of the CAISO Tariff requirements and how the City will meet each requirement. Coincident Peak Demand Forecast: Vernon's municipal load resides within the CAISO control area. The CAISO, as the balancing authority, has the responsibility for meeting reliability criteria established by the Western Electricity Coordinating Council ("WECC"). As such the CAISO has entered into agreements with various market participants including, but not limited to, Generators, Scheduling Coordinators, Participating Transmission Owners, Utility Distribution Companies, and Metered Subsystems ("MSS"), which impose certain responsibilities on parties to establish a reliable system. One of those responsibilities is to have operating reserves that meet the WECC minimum requirements. The CAISO's goal in considering reserve requirements is to balance available capacity with demand across the entire CAISO control area and, therefore, CAISO's primary concern is with the time and amount of peak demand on the CAISO-controlled transmission system (the "system peak"). In order to reduce demand during the period of the system peak (and, therefore, to lower the peak demand on the transmission system), utilities generally offer retail rate structures designed to encourage load shifting away from the on-peak period. Such efforts are intended to achieve on-peak demand reduction and lower the need to build new generation to meet peak demand. Vernon has adopted such a rate structure and has succeeded in shifting the peak demand period for Vernon's system to a time that is generally earlier than the time of the CAISO system peak. Vernon's share of needed capacity to meet CAISO control area capacity requirements may be established by determining the amount of Vernon's load that contributes to the CAISO system peak. Vernon's load that contributes to the CAISO system peak is the City of Vernon Coincident peak Demand. The process to establish Vernon's monthly coincident peak Demand Forecast consists of the following three steps: 1. Establish Monthly Vernon System Peak Demand Forecast for 2016 To establish Vernon's System peak demand forecast, Staff performs an analysis on the year to year change in the City's energy demand peaks during a five year period. Based on the results of the analysis, staff forecasts a load growth rate for the coming calendar year (Exhibit 1). This year's analysis shows that for the period between 2011 and 2015, the City of Vernon system peak demand has decreased 0.1%. Closer review of Exhibit 1 reveals that the decreases in system peak demand from 2013 to 2014 is 1.572%. Based on current load changes information projections available to the Department, including the fact that no significant new development in the city is likely to be finalized in 2016 that will lead to a significant increase in load, and in consideration of the recent history of years of stagnation, Staff concluded no load growth forecast is appropriate for calendar year 2016. Exhibit 2 shows the determination of the projected system peak demand for 2016 that incorporates a no load growth. The projected system peak demand for the City of Vernon is also shown below in Table 1. Table I Projected Load 2016 MW January 174.11 Februaryi176.16 March 1177.55 ril '174.99 a v 169.81 une 179.29 Uly 186.37 August 192.33 September 190.23 October 182.28 November 176.00 December 1179.43 2. Establish Coincidental Peak Factor The coincidental peak factor is the percentage of the City of Vernon's energy demand at the time of the CAISO system peak demand. As set forth in Section 40 of the CAISO Tariff, the coincidental peak factor for each month has been calculated and provided to the City annually by the California Energy Commission(CEQ. The monthly coincidental peak factor is shown in column E of Exhibit 3. 3. Calculate Monthly Coincident Peak Demand Forecast The City of Vernon's Coincident Peak Demand forecast is calculated as the mathematical product of the City of Vernon's forecasted System peak demand and the coincidental peak factor. This reflects the City of Vernon's projected demand at the time of the CAISO system peak demand for each month. The monthly coincident peak Demand Forecast is calculated and shown in Exhibit 3 for the period of January through December 2016. It is also shown below in Table 2. Table 2 Demand Forecast 2016 MW January 139.3 February 134.9 March 1139.7 April 1138.2 May 143.8 June 152.2 July 158.6 August 160.2 September 159.8 October 155.3 November 150.1 December ,139.8 Reserve Margin for Planning Purposes The Reserve Margin is the amount of Resource Adequacy Capacity that an LSE must maintain above its coincident peak Demand Forecast. Historically, the City of Vernon has established its Reserve Margin at 15%. Staff has recommended that the City Council maintain the Reserve Margin at 15% for planning purposes. The 15% Reserve Margin was used to establish the monthly Resource Adequacy obligation for the City of Vernon. The monthly Resource Adequacy obligation is listed in Exhibit 3. Oualifyine Capacity: A Load Serving Entity must provide the CAISO with a description of the criteria that will be used to determine the type of resources that can be used to meet its capacity obligation and the amount of capacity (Qualifying Capacity) from such resources. Historically Vernon has used the following criterion to determine whether a resource qualifies: It qualifies if Vernon has a contractual right to the power or has an interruptible service agreement with a customer. The six following resources are among those that meet this criterion and provide Qualifying Capacity. The calculation for the amount of Qualifying Capacity the six eligible resource types follows: 1. CAISO IST-enabled Product. Power supply contracts entered through WSPP Agreement (MRTU Amendment) and defined as any SC-to-SC traded product for which an IST (Inter-SC Trades) can be submitted and for which CAISO will make payment or issue an invoice, including Energy, Tier I IFM Bid Cost Recovery Obligations and Ancillary Service Obligation trades, as each defined in the Tariff. 2. Palo Verde. Vernon Purchase Power Contract with SCPPA for 4.9% of SCPPA's share of Palo Verne Nuclear Generating Station (Palo Verde) small be eligible as Qualifying Capacity. The power is scheduled as an import generally at Westwing Substation through the CAISO's entitlement of transmission from Westwing to SP- 15. 3. Boulder Canyon. Contract NO DE-MS65-86WP39587 between United States Department of Energy Western Area Power Administration Boulder Canyon Project and City of Vernon, California for EIectric Service shall be eligible to count as Qualifying Capacity. The power is scheduled as an import at Mead Substation generally through the CAISO's entitlement of transmission from Mead Substation to SP-15. The amount of Qualifying Capacity will be based on the most current schedule for the available capacity from the Boulder Canyon Project at the time of submittal of the Resource Adequacy Plan. 4. Vernon Units. Generating units and system units (but excluding Vernon diesel generating units) within Vernon's MSS including the Malburg Generating Station and the City owned H. Gonzalez units, as reflected in Schedule 14 of Vernon's MSS Agreement with CAISO shall be eligible to count as Qualifying Capacity. The amount of Qualifying Capacity of such units will be based on the projected dependable gross output capacity on a day when the ambient air temperature is 90 degrees Fahrenheit. 5. Other Units_ All other capacity from a Participating Generator, a System Unit, or a System Resource, as defined in the CAISO Tariff, shall be eligible as Qualifying Capacity. System Resources, however, must have a firm transmission path from source to the CAISO control area. Such criteria for firm transmission facilities over the CAISO control area can be satisfied with the possession of a firm transmission right from the CAISO on the path associated with the System Resource. Firm transmission rights provide physical priority right to schedule over congested paths. 6. Interruptible Service Agreements. Interruptible Service Agreements with the City's Electrical customers. Currently Vernon has an Interruptible Service Agreement where the customer agrees to interrupt 12.65 MW of toad within a 30 minute notification. A period of interruption can occur upon notification from the Independent System Operator (ISO) requiring the City to stied load or upon the unscheduled outage of the Malburg Generating Station ("MGS") or .any other generating unit internal to the City's system. Vernon will use the following scheduled outage criteria for determining the level of Qualifying Capacity ("QC") of any resource. Scheduled Outs es Time Period Description of Ham uali in Capacity of Resources Is Counted Summer Any month where days of scheduled outages exceed 25% of days in the May month, the resource cannot be counted as Qualifying Capacity. If through scheduled outages are less than or equal to 25% of the days in the September j month. the resource is counted as Qualify g Capacity. TFor scheduled outages of less than 1 week, the resource is counted as I Qualifying Capacity. Non-Summer Months For scheduled outages of I week to 2 weeks, the Qualifying Capacity of the resource is prorated using the formula: October L I - (days of scheduled outage/days in month) - 0.251 * MW= QC through I The formula will allow resources to be counted at between 50% and April 25%of what would otherwise be their Qualifying Capacity. For scheduled outages over 2 weeks, the resource cannot be counted as Qualifying Capac1W. Annual and Monthly Resource Adeclancy and Sopply data: The CAISO Tariff requires that the scheduling coordinator of a load serving entity provide an annual and a monthly Resource Adequacy Plan (Section 40.2.2.4) using the required templates and submitted on the set schedules. Furthermore, the scheduling coordinator of a resource providing resource adequacy must submit both an annual and monthly Supply Plan (Section 40.4.7.1) using the required templates and submitted on the set schedules. Therefore, the City of Vernon as a load serving entity and a scheduling coordinator for resource adequacy resources must submit a Resource Adequacy and Supply Plan on the set schedules. Staff has prepared the Annual Resource Adequacy (Exhibit 4) and Supply data (Exhibit 5) for calendar year 2016. Staff will submit the monthly Resource Adequacy and Supply data to the CAISO as they become due. The data to be submitted on the monthly plans will be consistent with the Annual Resource Adequacy and Supply Plan and may be adjusted for seasonal variations as well as load and resource changes. The monthly plan is due to the CAISO 45 days prior to the beginning of the month. Local Capacity Area Resources: In accordance with Section 403 of the CAISO Tariff, CAISO annually publishes a Local Capacity Technical Study that determines the amount of local capacity needed in the Los Angeles Basin area that must be available to the CAISO. Based on the Local Capacity Technical Study, the CAISO allocates responsibility for Local Capacity Area Resources to the Scheduling Coordinators of the LSEs. The CAISO validates that the Scheduling Coordinator list enough local resources in its Resource Adequacy data templates to satisfy its obligation. Staff has prepared the Resource Adequacy data templates (Exhibit 4) which lists the Resource Adequacy Resources including the Malburg Generating Station and the City owned H. Gonzalez units that will be counted on to satisfy the Local Area Capacity requirement for the City of Vernon. Flexible Resource Adequacy Capacity: In accordance with Section 40.10 of the CAISO Tariff, CAISO annually conducts a study to determine the Flexible Capacity Need for the CAISO Balancing Authority Area for each month of the next calendar year and provides the results of the study to each Local Regulatory Authority in the CAISO Balancing Authority Area. Flexible resources are resources with the potential to ramp up and down quickly and have the capability to start and shut down multiple times per day. The need for flexible capacity is a result of the CAISO managing a greener grid. The increase of variable energy resources and distributed generation has presented significant challenges to grid reliability. These types of resources are projected to continue to increase in the future which will create an increase in supply and load variability and unpredictability within the CAISO system. In order for the CAISO to efficiently operate the grid, it needs measures to ensure that flexible resources are economically bid into the CAISO markets and as a result optimally dispatch them. The CAISO study calculates the total system amount of Flexible Capacity needed for each of the three Flexible Capacity Categories. The three categories are. (1) base ramping flexibility; (2) peak ramping flexibility; and (3) super-peak ramping flexibility. Section 40.10.3 of the CAISO Tariff sets the criteria needed by resources to qualify for each category. For the Calendar Year 2016, the CAISO has determined the system-wide Flexible Capacity needs and has notified each LSE their monthly requirement. Exhibit 6 lists the City's FIexible Capacity requirement by month and category. Furthermore, the CAISO has established the Effective Flexible Capacity for each resource and the category of Flexible Capacity each will qualify for the upcoming compliance year. For Calendar Year 2016, the CAISO has established 78 MW of category 1 base ramping flexible resources adequacy capacity for Malburg Generating Station, and 5.75 MW category 2 peak ramping flexible resources adequacy capacity for each H. Gonzales Unit (Exhibit 7). CAISO Tariff Section 40.10.5.1 requires the Scheduling Coordinators of LSEs to identify the resources it will rely on to satisfy its Flexible Resource Adequacy Capacity on both the annual and monthly Resource Adequacy data templates. Staff has prepared the Resource Adequacy data templates (Exhibit 4) which lists the Resource Adequacy Resources including the Malburg Generating Station and the City owned H. Gonzalez units that will be counted on to satisfy the Flexible Resource Adequacy Capacity requirement for the City of Vernon. EXHIBIT - 1 c e a � � mole :s 10 a -0 — a 2 § ) 22 22 � _ k M & M k I � L 2 % ® — _ � / cm d 2 g a » — © = q I & d d § a) 'a � ff aw45 � o- f � o § 2 ■ 2 kg p o o m � a ■ 2 w w C%4 � $ E 2 e o 2 ■ . § IDCL �� �o > a L) § aj _ g n TrLO g ■ k k to 1"ININkkk � 0 z ® vllMv U-� to « mU EXHIBIT - 2 Exhibit 2 January - December 2016 Projected Load 2014-2015 2016 (Actual City Projected System Peak System Peak Month Load) Load A) (B) (C) 1 January '15 174.11 f 174.11 2 February '15 176.16 176.16 3 March '15 17755 177.55 4 April 15 174.99 174991 5 May '15 169.81 16981 6 June '15 17929. 179.29 7 July '15 I 186 3T 186.37 8 August'15 192.33 19233 9 September'15 190.23 190.23 10 October'14 182.28 182.28 11 November'14 176.00 176.00 12 December '14 179.431 179.43 A Month B Source: (City Historical System Peak Load Data) C Actual Load for 2014 and 2015 EXHIBIT - 3 Exhibit 3 January -December 2016 Resource Adequacy Requirement Vernon Coincident System Peak Coincidental Peak Demand RA Capacity Month Demand Peak Factor Forecast Requirement (A) (B) (C) (D) (E) 1 January 174.1 80.0% 139.3 160.2 2 February 176.2 76.6% 1349 155.2 3 March 1776 78.7% 139.7 160.7 4 April 175.0 79.0% 138.2 159.0 5 May 169.8 84.7% 1438 165.4 6 June 179.3 84.9% 152.2 175.0 7 July 186.4 85.1% 158.E 182.4 8 August 192.3 83.3% 160.2 184.2 9 September 190.2 84.0% 159.8 183.8 10 October 182.3 85.2% 155.3 178.6 11 November 1 176.0 85.3% 150.1 172.6 12 December 179.4 77.9% 139.8 160.7 A Month B Source: (Exhibit 1 Column E) C Source: CEC D Product of B and C E Product of D and 115% (115% reflects Planning Reserve Margin) EXHIBIT - 4 e q \ � � 7 cc x » m k ƒ � m M:2 -:9 :2 12 —:2 �6 » g $ $ $ 2TD4 % 22 Q) $ $ ® 9 £ ❑ L m LE LLLLLLLLLL a EE LT- C iD § a) a) a) � % £ 00 wQz0 a. �� ���0 zzFT z� 2 ® = za a - e & & _ < _ -TLO , § � q > — > ogmm - e § \ F & 0 22 2A < E E 4 _om q « \ f ® % 2 E / ƒ f 6 kkA § 0 n / ® / J o § 2 2 F f » f c 3 99 Vim / m m & a = n a J E n u \ 0 CD _ = k § \ ■ @ s [ s I w § � \ ¥ — � u 0 2 � �� g LOCO § P k § / k § Gam § E 2 § / oB § oo n — ? z 2 ■ m 02 C OE CD© � 0 % cc m � � k Ji S =i 2 U L. '0 ' o $ m 0tm 0 � I / E m f u E coo a 2 % ƒ § 2 � ¥ 0 EXHIBIT - 5 g ) z \ & J § � C%d g _ � � L / § aka k § k7 � k � � § � P ; J Lp E rL �k � t = E f& lCS LL 2 / 0 2 § ƒ§ 2 40 2 Ea 2 z § > Fmk � zJ § 2 a J EXHIBIT - 6 Exhibit 6 January -December 2016 Flexible RA Requirement Min. Base Super Total Flexible Flexibility Peak Peak RA Requirement Flexibility Flexibilty_ Requirement (A) (B) (C) (D) (E) 1 January '15 0001 000 0.00 0.00 2IAprilFebruary '15 0.00 000 0.00 0.00 3March '15 1.30 0.64 0.10 2.04 4 15 0.63 0.31 0.05 0.99 5 Ma '15 938 0.86 0.54 10.78 6 June '15 3.68. 034 0.21 4.23 7 Jul '15 261 0.24 0.15 3.00 8 Au ust '15 254 0.23 0.15 2.92 9 September'15 2.71 0.25 0.16 3.12 10 October'15 5.33 2.64 0.42 8.39 11 November'15 226 1.12 0.18 3.56 12 December'15 000 0.00 0.00 0.00 A Month and Year B Requirement for Category 1- Base Ramping Resources C Maximum allowed use of Category 2-Peak Flexibility D Maximum allowed use of Category 3-Super Peak Flexibility E Total Flexible RA Requirement for City of Vernon EXHIBIT - 7 Exhibit 7 ,January -December 2016 Effective Flexible Capacity Effective Flexible Flexible Capacity Ca aci Cate a A B) P V.M aIbu eneratin Station 78 1 Gonzalez 1 5.75 2 Gonzalez 2 5 75 2 A Designated flexible resource B Designated Effective Flexible Capacity (Qualified Flexible Capacity by each Resource) C Designated Flexible Capacity Category �r M JO C AA113 RECEIVED 9101 9 1 130 STAFF REPORT OCT 0 8 2015 (33n133NUIAN RESOURCES DEPARTMENT CITY ADMINISTRATION DATE: October 20, 2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources Department RE: Adoption of New City of Vernon Personnel Policy and Procedures, Criminal Background and Live Scan Policy I-13, Tattoo and Body Piercing Policy I-16, Alcohol and Drug-Free Workplace Policy III-1, Tardiness Policy III-4, and Administrative Manual Policies, Electronic Equipment and Systems Use Policy 5.1 and Mobile Communication Device Use Policy 5.2 Recommendation A. Find that approval of the proposed administrative and personnel policy and procedures in this staff report are exempt from California Environmental Quality Act ("CEQA") review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines Section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Adopt the attached new Personnel Policy and Procedures, Criminal Background and Live Scan Policy I-13, Tattoo and Body Piercing Policy 1-16, Alcohol and Drug-Free Workplace Policy III-1, Tardiness Policy 111-4, and Administrative Manual Policies, Electronic Equipment and Systems Use Policy 5.1 and Mobile Communication Device Use Policy 5.2 and incorporate into the Personnel Policies and Procedures Manual and Administrative Manual; and C. Authorize the City Administrator and the Director of Human Resources to execute and distribute the above-referenced policies 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 Page l of 3 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. In furtherance of the City's good governance reform efforts, staff has presented the following policies for consideration by the City Council and adoption into the Personnel Policies and Procedures Manual and the Administrative Manual: Personnel Policies and Procedures Manual: • Criminal Back ound and Live Scan Policy 1-13 (New) The attached policy reinforces the City of Vernon's commitment to provide a secure and safe environment for its employees, volunteers, and members of the public. To this end, the City Council adopted a resolution authorizing the Human Resources Department and the Police Department to obtain State and Federal summary criminal background information from the Department of Justice and Federal Bureau of Investigation for employment purposes. The purpose of this policy is to ensure that the process for obtaining criminal background information is conducted in accordance with state and federal laws. • Tattoo and Body Piercing Policy 1-16 (New) — The attached policy is intended to define appropriate "personal business appearance" during normal business operations that complement an environment that reflects an efficient, orderly, and professionally operated organization. • Alcohol and Drug-Free Work lace Policy 111-1 (New) - The attached policy reinforces the City's zero-tolerance policy for the safety of its employees and the community we service. The policy also ensures compliance with the Drug Free Workplace Act of 1988. • Tardiness Policy I11-4 (New) — The attached policy establishes uniform standards for all employees for reporting to work on time under their established work schedule; and to establish a system to enforce these standards and guidelines. Administrative Manual Policies • Electronic Equipment and Systems Use Policy 5.1 (New) — This policy is to establish guidelines for the use of the City of Vernon's electronic information and communications systems, including activity involving City electronic equipment and communications use, network access, internet use, and recording and imaging devices. Page 2 of 3 Electronic mail and faxes, which are transported over the internet wired or wireless telephone or data systems, are also subject to all provisions of this policy. * Mobile Communication Device Use Policy 5.2 (New) — This policy is to provide clear guidelines for the authorization, distribution and appropriate business use of Mobile Communication Devices (MCDs) by City employees and for the establishment of a cellular phone allowance. In accordance with the Meyers Milias-Brown Act (MMBA), all policies were presented to the City of Vernon employee labor organizations to meet and confer on impacts to wages, hours and working conditions. As of October 13, 2015 all comments and feedback have been incorporated into the attached policies. However, the Vernon Firemen's Association (VFA) does not support the adoption of the Criminal Live Scan and Background Policy 1-13. VFA expresses concern regarding the inclusion of disciplinary consequences for criminal violations that may not involve moral turpitude and/or are not committed in the course and scope of employment. Staff recommends adoption of the policy because the policy specifically states that the conviction may be disregarded if it is found and determined by the City Administrator that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction, and federal or state law does not require such disqualification or termination. Nothing in the policy shall be deemed to deny employees their disciplinary appeal rights under any applicable memorandum of understanding. The VFA has also acknowledged that the City satisfied its MMBA obligation to meet and confer on this policy. Fiscal Impact There is a minor fiscal impact to adopt the Criminal Background and Live Scan Policy of$82.00 for each new employee for the cost of the Department of Justice Criminal Summary Background. This amount can be absorbed in the Human Resources Department Line Item Budget Pre- employment Physicals and Exams for fiscal year 2015-2016. Attachment(s) 1. Criminal Background and Live Scan Policy I-13 2. Tattoo and Body Piercing Policy 1-16 3. Alcohol and Drug-Free Workplace Policy III-1 4. Tardiness Policy III-4 5. Electronic Equipment and Systems Use Policy 5.1 6. Mobile Communication Device Use Policy 5.2 Page 3 of 3 o1 v City of Vernon, California Human Resources Policies and Procedures ` Director of Human Resources V#"xry 1*9�3 City Administrator Number: I--13 Effective Dole.- SUBJECT: CRIMINAL BACKGROUND AND LIVE SCAN POLICY PURPOSE: The City of Vernon is committed to providing a secure and safe environment for its employees, volunteers, and members of the public. To that end, the City Council adopted a resolution authorizing the Human Resources Department and the Police Department to obtain State and Federal summary criminal background information from the Department of Justice and Federal Bureau of Investigation for employment purposes. The purpose of this policy is to ensure that the process for obtaining criminal background information is conducted in accordance with state and federal laws. POLICY: 1. Autho - - Under federal and state law, public agencies may enact policies that disqualify applicants with certain criminal convictions from employment positions if the conviction is relevant to the position in question. Furthermore, California Penal Cade Section 11105(b)(11) and 13 g0(b)(11) permits cities to obtain state and federal summary criminal background information from the Department of Justice and the Federal Bureau of Investigation if the City Council has authorized such access and if the criminal background information is required to implement a statute, ordinance or regulation that contains requirements or exclusions based on specified criminal conduct. The City Council authorized the Hurnan Resources Department and Police Department to access such State and Federal summary criminal background information from the Department of Justice and Federal Bureau of Investigation for employment purposes pursuant to Resolution Number 201 -08 2. General - The City shall not consider for employment,promotion, or lateral transfer a person or volunteer who has been convicted of a felony or a misdemeanor involving moral turpitude as provided in Section 4 of this Policy_ A report of prior conviction or subsequent conviction may be cause for termination or separation of any employee or volunteer if the conviction is for a crime specified in Section 4 or subsections therein. However, the conviction may be disregarded if it is found and determined by the City Administrator that mitigating circumstances exist. such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction. or the fact that the classification applied for is unrelated to such conviction, and federal or state law does not require such disqualification or termination. Nothing in this pvl{cy shall be deemed to deny employees their disciplinary appeal rights under any applicable Memorandum of Understanding. Number_ 1-13 Effective Date: 3. Criminal Record Background Checks - The City shall obtain criminal background information on all prospective full-time and part-time employees and volunteers, including police reserves, all current employees and volunteers who work with or supervise minors, and all employees considered for promotion who have not previously participated in the Live Scan process. 4. Specific Convictions and Positions A. With respect to all prospective employees, current employees and volunteers, a conviction of any of the following Penal Code sections, shall be grounds for disqualification or termination unless mitigating circumstances exist or the conviction is not related to the employment in question: Section 68: Asking for or receiving bribes Section 72: Presentation of fraudulent claims Section 73, 74: Bribes for appointment to office Section 187, 189: Murder Section 192: Manslaughter, voluntary, involuntary, and vehicular Section 203: Mayhem Section 209: Kidnapping for ransom, extortion or robbery Section 211: Robbery - taking personal property in possession of an individual by force or fear Section 245: Assault with a deadly weapon Section 261: Rape Section 459: Burglary Section 484: Theft Section 490.5: Shoplifting Section 503: Embezzlement - fraudulent appropriation of property by a person to whom it has been entrusted Section 518: Extortion - obtaining property by a wrongful use of force or fear or under a color of official right B. With respect to all applicants for and current employees and volunteers in positions who work with or supervise minors, in addition to Paragraph 4.A above, a conviction of any of the offenses specified in Public Resources Code Section 5164(a)(2) shall be grounds for disqualification or termination. Offenses specified in Public Resources Code Section 5164(a)(2) include are but not limited to.- 1. Violations or attempted violations of Penal Code Sections 220, 261.5, 262, 273a, 273d or 273.5; 2. Sex offenses listed in Penal Code Section 290 (excluding Penal Code Section 243.4(d)), including, but not limited to, Penal Code sections 288 and 311. 3. Any crime described in the California Uniform Controlled Substances Act (Division 10 [commencing with Section 11000] of the California Health and Safety Code). However, with the exception of law enforcement, any marijuana conviction over two years old will not be considered. 4. Any felony or misdemeanor conviction within 10 years of the City's 2 Number: I-13 Effective Date: request for background information for a violation or attempted violation of Chapter 3 of Title 8 of the Penal Code (commencing with Section 297), Sections 211 to 215, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022, in the corn mission of that offense, Section 217-1, Chapter 8 of Title 8 of the Penal Cods (commencing with Section 236), Chapter 9 (commencing with Section 244), and for violation of any of the offenses specified in subdivision (c) of Section 667.5. C. With respect to all applicants for and current employees and volunteers in positions that work with public funds or public records, in addition to Paragraph 4-A above, a conviction of any of the following Penal Code sections shall be grounds for disqualification or termination: Section 115, 115.3: Use of a false or forged public record or alteration of a certified copy of a public record Section 424: Embezzlement and falsification of accounts Title 13, Chapter 4: Any violation of forgery and counterfeiting 5. ResDonsibility of Applicant, Employee, or Volunteer In compliance with Labor Code Section 432.9, after a determination is made by the Human Resources Department that the applicant meets minimum qualifications for a position, it is the responsibility of the applicant to report to the City, any conviction on any statutory violations in Section 4 above. A supplemental questionnaire will be provided to applicants. The employee or volunteer shall report criminal convictions to his or her Department Head or his or her designee and the Human Resources Director if said conviction has the potential to affect the employee or volunteeras position of employment, fellow employees or the public, AMmatively, the employee or volunteer may report the information directly to the Human Resources Director. 6. Procedure for Criminal Back round Records Checks A. Criminal record checks conducted pursuant to this Policy for applicants shall comply with applicable federal and state law and the following: 1. The City shall submit a completed Applicant Fingerprint Card to the Department of Justice and the Federal Bureau of Investigations accompanied by any other fords or information required by the agencies in order to obtain the criminal background information. 2. Any information obtained from the Department of Justice or Federal Bureau of Investigations shall be used to determine whether the applicant is disqualified. 3. The City shall expeditiously provide a copy of the information to the applicant to whom the information relates if the information is a basis for an adverse employment decision. When furnished other than in person, the copy shall be delivered to the last contact information provided by the applicant. 3 Number 1-13 Effective Date: 4. The City may promote, lateral transferor hire a prospective employee contingent upon the resufts of the criminal background information received during the employee's probationary period. An employee hired pending the receipt of criminal background information, will be terminated 0 the employee is found to have falsified or omitted criminal background information on the Criminal Conviction Questionnaire_ Are employee promoted pending the receipt of criminal background information, may be returned to the position in which they previously held_ However.. if the position is no longer available an alternative vacant position may be offered and considered on a case-by-case situation. The alternative position may or may not be equal to the position previously held. B. The City shall enter into a contract with the Department of Justice and the Federal Bureau of investigations whereby the City will be notified of any subsequent conviction or arrest information concerning an employee or volunteer. 9. Any information about an existing employee's or volunteer's conviction(s) shall be reported to the Human Resources Director. 2, Upon receipt of information regarding a conviction, the Department Head or his or her designee, the City Administrator, the Human Resources Director and/or the City Attorney shall evaluate the effect and potential effect of the employee's or volunteer's conviction or arrest on his or her position of employment, fellow employees, and the public; and shall take appropriate action to maximize public safety and minimize potential liability. Upon discovery of any risk of greater liability to the City, employees and/or the public, the appointing authority may suspend, with the approval of the City Administrator, any regular full-time or part-time employee in accordance with applicable disciplinary procedures. All Civil Service employees are entitled to a pre-disciplinary hearing as provided by any applicable Memorandum of Understanding. . Upon receipt of information regarding an arrest, if the Department Head or his or her designee, the City Administrator, the Human Resources Director and/or the City Attorney determine that the arrest involves allegations of conduct that, if proven to be true, would be sufficiently serious and job- related to disqualify the person from employment and/or to present a threat of harm to the City. its employees or the public, a limited independent investigation may be initiated and/or the City may take any other action they deem necessary. including but not limited to placing the employee or volunteer on administrable leave pending a decision resolving the matter. A "limited independent investigation" need not be of the same depth as may be an investigation undertaken to ccnslder the imposition of discipline as to an employee. For example, such a "limited independent investigation" could consist of examination of arrest/crime reports and/or contact with involved law enforcement personnel. Number: 1-13 Effective Date: 4. Based on the "limited independent investigation", the Department Head or his or her designee, the City Administrator, the Human Resources Director andlor the City Attorney will determine whether there is reasonable cause to believe that charges resulting in the arrest are true, and whether the individual presents a credible threat of violence or other criminal activity that may affect City employees or the public. If it is determined that the evidence does support these findings, the City may take such actions as it deems necessary based on that evidence. Such actions may include, but are not limited to, placing an employee on paid administrative leave pending the resolution of the criminal case or the conclusion of a full independent investigation of the underlying facts, holding the decision on the employment of an applicant or new hire in abeyance, or rejecting an applicant or new hire. 5. Every employee or volunteer who has been hired or promoted subsequent to the adoption of this Policy, who passed the initial screening, must sign an acknowledgment that conviction of crimes listed herein or determined to be substantially similar by the City may be grounds for disciplinary action up to and including termination. 7. Confidentiality State and federal summary criminal history information is confidential and shall not be disclosed, except to the Department Head on a need to know basis, Human Resources Director, City Attorney and City Administrator. Any persons having access to such information shall sign a form acknowledging that the information is confidential and that civil and criminal penalties. as well as dismissal from employment, may result if the confidential information is misused. Pursuant to Penal Code Section 11077, the Attorney General is responsible for the security of Criminal Offender Record Information (CORI), and has the authority to establish regulations to assufe the security of CORI from unauthorized disclosures. The following are requirements as prescribed by the State of California, Department of Justice. Bureau of Criminal Identification and Information, Field Operations and Record Security for any agency that maintains of receives criminal history information: A. Records Security - Any inquiries regarding the release, security or privacy of Criminal Offender Record Information (CORI) is to be resolved by the Human Resources Director or his or her designee. B. Record Storage - CORI shall be under lock and Ivey by the Human Resources Department or Police Department who shall be cornmrt#ed to protect CORI from unauthorized access, use or disclosure_ Fingerprint records such as fingerprint cards, no criminal history notifications and CORI history shall be destroyed by shredding once a hiring decision ar volunteer qualification/disqualification determination has been made. C. Record Dissemination - CORI shall be used only for the purpose for which it was requested by Human Resources. D. Record Destruction — Unless a legitimate business need or statute requires retention, CORI and copies of same obtained for employment, licensing or Number: 1-13 Effective Date: certification purposes shall be destroyed once a decision is made to employ, license or certify the subject of record. E. Record Reproduction - CORI may not be reproduced for dissemination. F. Training - The Human Resources Director and his or her designee with access to CORI are required: 1. To read and abide by this policy. 2. To have on file a signed copy of the Employee Statement Form for the Use of Criminal Record Information, which acknowledges an understanding of laws prohibiting misuse of CORI. G. Penalties - Misuse of CORI is a criminal offense. Violation of this policy regarding CORI may result in suspension, dismissal and/or criminal or civil prosecution. PROCEDURE: Responsibility Action Hiring or Promoting Department 1. Selects applicant and offers employment, or selects employee and offers promotion, based on successful background checking. Human Resources Director or Designee 2. Processes fingerprints and submits to Department of Justice and/or Federal Bureau of Investigations. 3. Makes determination based on report and informs the City Administrator, City Attorney and the Department Head if unacceptable circumstances are found. City Attorney and Department Head 4. In consultation with Human Resources Director, and the City Administrator, only if dis- qualification or termination is not required by law, determines whether any mitigating circum- stances exist that permits disregard of the conviction or, for an applicant for promotion, discipline less than termination. Human Resources Director 5 If the report is not acceptable and sufficient mitigating circum- 6 Number: 1-13 Effective Date: stances are not found, initiates in consultation with the City Attorney, the City Administrator and the Department Head, the action to be taken against applicant. . Sends disqualification letter if background on applicant for hire or promotion is unacceptable. 7. Continues with the hiring or promotion process if the report is acceptable or sufficient mitigating circumstances are found. pF v City of Vernon, California , L FUJI,, " Human Resources Policies and Procedures k Director of Human Resources elf �919 City Administrator Number:1-16 Effective Date: SUBJECT: TATTOO AND BODY PIERCING POLICY PURPOSE: It is the City's policy that personal work appearance should complement an environment that reflects an efficient, orderly, and professionally operated organization. This policy is intended to define appropriate "personal business appearance" during normal business operations. For all Police Department personnel please refer to the Police Department's Tattoo and Body Piercing Policy. For Fire Department personnel please refer to the Fire Department's Rules and Regulations regarding Tattoos. POLICY: Employees of the City of Vernon are required to project a professional appearance while at work. This policy shall apply when employees are engaging in official City business or are otherwise representing the City. All City employees are expected to maintain high personal and professional standards. One of the most noticeable expressions of these standards is personal appearance. All employees are representatives of the City and therefore personal appearance should: 1. Present a professional or identifiable appearance for external and internal customers as well as the public. 2. Promote a positive working environment. 3. Limit distractions caused by tattoos or body piercing. 4. Ensure and promote safety while at work. Number: 1-16 Effective Date_ Prohibited Tattoos and Body Piercings Some tattoos and body piercing are unacceptable for work at any time. The following list provides some examples, although it is not a complete list: 1. No tattoos are allowed anywhere on the head, face, or neck (excluding natural cosmetic for eyebrows, lips and eye liners). 2. Any visible tattoos shall not be obscene, sexually explicit, discriminatory to sex, race, religion, or national origin, and/or gang-related. 3. No visible tattoos or total combined area of tattoos shall be larger than 4 by 6 inches. 4. Any non-conforming tattoos will be covered with clothing or a bandage while at work or removed. 5. No objects, articles, jewelry (including ear lobe expanders) or ornamentation of any kind shall be inserted, attached to or through the skin if visible on any body part including the tongue, any part of the mouth, nose or cheek. Two set of reasonably-sized earrings may be worn in each lobe. 6. Any non-conforming piercing shall be removed, covered with a bandage, or replaced with a clear, plastic spacer. If an employee has a question about how the tattoo and body piercing policy is applicable to them, the matter should be immediately raised with their supervisor for consideration and determination. The City reserves the right to continue, extend, revise, or revoke this policy at its discretion. Exceptions or exemptions to this policy require the prior approval of the Department Head and the City Administrator. Employees who were employed prior to the adoption of this policy may request an exemption from his or her Department Head and the City Administrator; such exemptions shall be granted as long as visibility of the tattoo(s) and/or piercing(s) does not interfere with public safety or business operations of the City. On those occasions when an exemption is granted, employees should consult with their Department Director to ensure they present an appropriate personal and professional appearance and are not displaying items inconsistent with this policy. Special Accommodations It is the intent of this policy to comply with all applicable state, local and federal laws prohibiting discrimination on the basis of color, race, religion, sex, or national origin. The City will make every effort to reasonably accommodate employees with a disability or with religious beliefs that may make it difficult for said employees to comply fully with the tattoo and body piercing policy. Employees should contact their Department Head 2 Number: 1-16 Effective Date: to request such a reasonable accommodation. Department Heads and the Human Resources Department will work with the employee to develop a reasonable accommodation to meet the employee's specific needs while complying to the greatest extent possible with the general policy of the City of Vernon. Disciplinary Action Department Heads and managers are responsible for enforcing the tattoo and body piercing policy in their areas of responsibility. This includes documenting incidents related to violations, monitoring situations to spot abuses, taking appropriate and timely action, and counseling employees who display inappropriate personal business appearance. Counseling shall be conducted in a discreet and private manner. if an employee's personal appearance fails to meet policy standards it will be considered as reporting not ready to work, and the employee may be sent home. Employees who are sent home to comply with this policy must utilize their own accrued leave time, or time off without pay. Subsequent violations of this policy may lead to progressive discipline, up to and including termination. Requests for advice and assistance in administering or interpreting this policy should be directed to the Human Resources Department. PROCEDURE: Responsibility Action Human Resources 1. Employees shall receive the tattoo and body piercing policy upon commencement of employment and/or through initial email distribution and by posting it on the City of Vernon Human Resources web page. Employees 2. Responsible for adhering to this policy. Department Heads and Managers 3. Enforce the tattoo and body piercing policy in their areas of responsibility. If questionable or inappropriate tattoos and/or body piercing are displayed, the respective Department Head or department supervisor/manager will hold a personal, private discussion with the employee to advise and counsel the employee regarding the inappropriateness of the tattoo and/or body piercing. If an obvious policy violation occurs, the Department Head will hold a private discussion with the employee and ask the employee to 3 Number.• 116 Effective Date: cover the tattoo and/or body piercing, or to go home and change his/her attire immediately as appropriate. 4 OF Ve L ' Approved: x _ City of Vernon, California Human Resources Policy and Procedure Manual 'vtEY ti,+ Director of Human Resources City Administrator Number: III-1 Effective Date.- SUBJECT: ALCOHOL AND DRUG-FREE WORKPLACE PURPOSE: To establish a zero-tolerance policy that maintains an alcohol and drug-free workplace and to ensure compliance with the Drug Free Workplace Act of 1988. BACKGROUND: The City and the public share an interest in a safe, healthy and productive workforce. City employees provide a variety of services. Many employees are responsible for or operate expensive, heavy and/or high-speed equipment or vehicles. Other employees are responsible for public safety and security. Some employees work with or around electrical power and are required to work in challenging environments. The intent of this policy is to maintain a safe, healthy, productive workforce, and to eliminate and prevent substance abuse and its effects in the workplace. The City's concern is that employees be in a condition to perform their duties safely and effectively, in the interests of their fellow workers and the public, as well as themselves. For purposes of this policy, impair or impairment shall be considered use by an employee of alcohol and/or controlled substances, drugs, or medication, legal or illegal, which impairs an employee's physical and/or mental ability to perform safely and effectively the functions and duties of his or her position. Both legal and illegal drugs can be broadly categorized as depressants, stimulants or hallucinogens. Most drugs, even in very low doses, may affect the capacity of an employee to carry out their duties safely. There are also a number of chemicals used in workplaces, which can have a similar effect of types of drugs. Where these are used, Number: III-1 Effeah-e Date: training of hazard control should be employed and employees should be educated regarding the potential hazards. POLICY: The City of Vernon ("the City") is the recipient of federal funds that require certification and notification to employees regarding promoting and maintaining a drug-free workplace. In accordance with the requirements of 41 U.S.C. 702-706, the City is required to notify employees that: 1. The unlawful manufacture, distribution, dispensation, possession or use of a controlled substance by City employees is prohibited on any City worksite, or in any area controlled partially or fully by the City. Controlled substances are defined by Federal law (21 U.S.C.S. 812) to include any illegal drug or prescription drug which has not been prescribed for the individual by a licensed physician for the treatment of a current medical condition. 2. Any employee who violates the prohibition on controlled substances in a City workplace or in an area either partially or fully controlled by the City may be subject to disciplinary action up to and including termination. 3. All employees shall abide by this policy and report for duty without any foreseeable impairment of drugs and alcohol. 4. Employees are required to notify their Department Head or designee of any criminal drug statute conviction (include a plea of nolo contendere) for a violation occurring in the workplace or in the course of their employment no later than five (5) calendar days after such conviction. 5. When the City receives notice of such a conviction of an employee, the City will notify the Federal agency grant officer or other designee of the employee's conviction, in writing, within ten (10) calendar days. 6. Within thirty (30) calendar days of receiving notice of such a conviction, the City shall subject to any applicable legal procedures, undertake appropriate disciplinary action against such employee up to and including termination; and/or require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 7. Counseling, rehabilitation and assistance for employees who have substance abuse problems is available through the City's Employee Assistance Program. 7 Number:III-1 Effective Date: Additionally, substance abuse awareness programs are presented to inform employees about the dangers of drug abuse in the workplace. 8. The City of Vernon is not responsible for the costs of participation in programs under this policy. Employees may use options provided under their medical coverage. PROCEDURE: Responsibility Action Human Resources 1. Provides notice to employees of drug- free workplace policy. 2. Provides drug-free awareness information programs. 3. Offers drug counseling and rehabilitation programs through employee assistance program. Employee 4. Notifies Department Head or designee of any criminal drug statute conviction for a violation occurring in the workplace within five days of conviction. Department Head 5. Notifies City Administrator and Human Resources of the conviction of an employee. 6. Reports the conviction, in writing, within 10 days to the Federal agency grant officer or other designee of any individual who is convicted for a violation of a criminal drug statute occurring during the conduct of any grant activity. Human Resources 7. Recommends appropriate disciplinary action to department. Department Head 8. Takes appropriate disciplinary action up to and including termination; and/or requires employee to satisfactorily participate in drug abuse assistance or rehabilitation program approved by a federal, state, or local health, law Number: III-] Effective Date: enforcement, or other appropriate agency. Employee 9. Participates in drug abuse assistance or rehabilitation programs, as required, utilizing their medical coverage. Human Resources 10. Monitors disciplinary actions by department. City of Vernon, California Human Resources Policies and Procedures f k. Director of Human Resources f SLY 111�� City Administrator Number:III-4 Effective Date: SUBJECT: TARDINESS POLICY PURPOSE: To establish uniform standards for all regular full-time and part-time employees for reporting to work on time under their established work schedule; and to establish a system to enforce these standards and guidelines. POLICY: To maintain a safe and productive work environment, the City expects employees to be reliable and punctual in reporting for scheduled work. In the rare instances when employees cannot avoid being late to work or are unable to work as scheduled, they should notify their supervisor on duty as soon as possible in advance of the anticipated tardiness or absence. Poor attendance and excessive tardiness are disruptive to the workplace and may lead to disciplinary action, up to and including termination of employment. A. Reporting to Work on Time Employees are expected to report to their work station ready to commence work at the beginning of their established start time of their daily work schedule. A violation occurs when an employee is not at his/her work station ready to commence work at their scheduled start time according to a specified work schedule as designated by employee's supervisor. Department supervisors are expected to monitor employee's violations based on the employee's approved work schedule, and to take corrective action in a timely manner. Pre-approved temporary deviations from an employee's regular work schedule do not apply to this policy. An employee who wishes to begin or end work at a different time must obtain approval from his/her Department Head prior to working the different time. B. Notification of Being Late to Work An employee who anticipates being late to work is expected to notify their supervisor on duty before his/her scheduled start time or in accordance with established departmental policy established for organizational needs. The employee may not call and leave a message with another employee, but must Number: III-4 Effective Date: contact his or her supervisor or authorized designee on duty. If neither person is available, the employee should leave a message and contact the next person in their chain of command or follow departmental procedures. If the employee is not at his/her workstation ready to begin work at his/her designated start time, and has not called his/her supervisor, or designee, on duty, this will be considered an unexcused tardiness. Poor attendance and excessive tardiness are disruptive to the workplace and may lead to disciplinary action, up to and including termination of employment. Employees are to adhere to all applicable laws regarding the use of mobile phones while driving. Should an employee be unable to call, employee shall notify his/her supervisor immediately upon arrival. When an employee is late, they are required to submit a leave request form to deduct the time from any appropriate accrued time. However, a Department Head at their sole discretion may approve altering an employee's work schedule to make- up such time by working later, taking a shorter meal break, or making up time on another day within the pay period. While exact hours are not tracked for FLSA exempt employees, they are still expected to comply with this policy. Please refer to Hours of Work Policy II-4 and exempt payroll reporting procedures. C. Tardiness Violations Department Heads and managers/supervisors are responsible for enforcing the Tardiness Policy in their areas of responsibility. This includes documenting incidents related to tardiness, monitoring situations to determine abuses, taking appropriate and timely action, and counseling employees who display excessive tardiness. Subsequent violation of this policy may lead to progressive discipline, up to and including termination. Requests for advice and assistance in administering or interpreting this policy should be directed to the Human Resources Department. PROCEDURE: Responsibility Action Department Head 1. Approves authorized work schedules Employee 2. Reports to work station ready to commence work at the beginning of their scheduled start time. 3. Notifies supervisor, or designee, of anticipation of being late to work. Supervisor/Manager 4. Documents and maintains records of late violations of employees under his/her supervision. 2 Number: 111-4 Effective Date: 5. Counsels employee informally on employee's first occurrence. Department Head 6. Prepares written notices of excessive late violations, to include review of attendance record, discussion of problem areas, and a statement of consequences if further violation of policy continues. 7. Informs employee of corrective action needed. 3 ADMINISTRATIVE POLICY MANUAL ELECTRONIC Section 5.1 —Information Technology x1 EQUIPMENT AND SYSTEMS USE POLICY Approval: C11 ' * City Administrator Effective Date: Responsible Department: City Administration Department - Information Technology Division PURPOSE: The purpose of this policy is to establish guidelines for the use of the City of Vernon's ("City") electronic information and communications systems, including activity involving City electronic equipment and communications use, network access, Internet use, and recording and imaging devices. Electronic mail and faxes, which are transported over the internet, wired or wireless telephone or data systems, are subject to all provisions of this policy. POLICY: The City's electronic information and communication resources, including all hardware, software, temporary or permanent files and any related systems or devices, are the property of the City of Vernon. These include, but are not limited to, the following: mobile and standard telephones, computers, portable communication/computing devices, network equipment, software, electronic mail, documents, spreadsheets, databases, calendar entries, Internet and Intranet webpages and postings, appointment records, task records, note any other work products which reside in part or in whole on any City electronic system or equipment, whether City-owned, rented or leased. The City's electronic equipment and communication resources are for conducting City business and delivering City services, and are not intended for personal use. Inasmuch as City electronic equipment and communication resources are not intended for personal business, no employee shall expect any right to privacy relative to the use of, the information transmitted by or through, or the contents stores upon any electronic device or system owned by the City. Regardless of whether the systems are used for conducting business and delivery of City services or for limited and incidental personal use, the City reserves the right to monitor electronic communications accomplished through City-owned equipment or while accessing the City's network, servers or computers, on an as-needed basis. Any equipment connected to the City's network is subject to the same criteria regarding privacy as City-owned equipment. Employees who use City electronic information and communications systems in a manner not consistent with City policies may be subject to disconnection from the City network, and/or disciplinary action up to and including termination. SECTION 1. PERMISSIBLE USE OF CITY ELECTRONIC RESOURCES A. Use of City computer and electronic communications resources by employees is authorized in support of the mission of the City and the administrative functions that support that mission. Page 1 of 10 B. Employees are expected to abide by the standards of conduct delineated in all other chapters and sections of the City of Vernon Human Resources Policies and Procedures, and any Administrative Policies, Departmental and Operational Policies as they may be applied to the use of electronic communications, and the use and release of information. C. Employees are expected to use City electronic communications and network systems with a high degree of professional and personal courtesy. Employees must ensure that the tone and content of electronic communications are professional, exclude inflammatory remarks or inappropriate language, and do not improperly release confidential or legally protected information. D. Limited and incidental personal use of the City's resources such as Internet access and e-mail is permitted only as provided for in this policy. Employees may use City electronic information and communication systems and services for incidental personal use, provided that such use does not: 1. Interfere with the City's operation of electronic equipment and communication systems and services; 2. Interfere with the employee's job performance or other obligations to the City; 3. Burden the City with any additional costs; or 4. Create a security risk with regard to non-public information maintained and protected by the City. For purposes of this policy, non-public information shall be defined as data or information classified by policy, regulation, federal or state law as confidential, private, or privileged. 5. if the City incurs additional costs for an employee's personal use of the City computer and electronic communication systems, the employee may be responsible for reimbursement to the City and may be subject to disciplinary action. E. Fire Department personnel scheduled on 24-hour shifts may use the City's electronic equipment and resources such as internet access and email during non-scheduled work hours (i.e.; 5:00 p.m.) so long as the use does not violate any prohibited used contained in this policy. SECTION 2. PROHIBITED USE OF CITY ELECTRONIC RESOURCES A. Employees shall not electronically post, send, copy or download material if any such action would constitute a violation of City, state, federal or international law. B. Employees shall not intentionally transmit, access, or store any material that is offensive, harassing, or threatening. Offensive material may include communications or images containing sexual implications or suggestions, racial slurs, or any sentiment that addresses age,gender, marital status, sexual orientation, religious beliefs, political beliefs, national origin, or mental or physical disability in a derogatory or discriminatory manner. C. It is a violation of this policy to transmit a message under another City user's name, to forge an e-mail message, or to impersonate another user. Page 2 of 10 D. Unless specifically authorized by the City Administrator or his/her designee, employees may not represent the City or any City department in electronic communication consisting of any of the following: 1. Endorse, support, oppose or contradict any political campaign or initiative. 2. Endorse, support, oppose or contradict any social issue, cause or religion. 3. Endorse, support, or oppose any product, service, company, commercial entity, public agency or public entity. 4. Appear in any commercial, social or nonprofit publication or any motion picture, film, video, public broadcast or on any website. 5. Any document put on the Internet by the employee that identifies the City or a department requires the appropriate Department Head's approval. E. Employees shall not use City electronic equipment for any activity directed at personal profit, including commercial solicitation or pursuing own business interests or those of another organization or agency. F. Downloading or installing software on any City computer or mobile device without the permission of IT is prohibited. Software requests must be registered with the IT heipdesk. G. Copying any City computer program for the purpose of using it on any other computer without the prior consent of the IT Manager or his/her designee is prohibited. H. Use, installation and/or distribution of computer games is prohibited. I. Connecting any device to the City's network, wireless or wired Internet, or any City computer without authorization by the IT Manager or his/her designee is prohibited. 1. Employees attending conferences, training, or other business meetings that are assigned laptop computers or other mobile devices may connect those devices to wireless or wired network services in the employee's home or at hotels, restaurants, airports, or other locations where network services are offered by commercial providers without permission of the IT Manager. Because the data is generally capable of being read by anyone with equipment to intercept the transmissions, employees must not transmit confidential information when connected to such networks. 2. Requests to connect non-mobile equipment to any network or to connect mobile equipment to other private networks may be made through the IT Help Desk. J. City electronic resources and ancillary equipment may not be removed from the workplace except with the prior written or verbal permission of the employee's department head and IT Manager or their designees and only for job-related purposes. K. Any act in violation of any person's or corporation's protection under copyright, trade secret, patent or other intellectual property concepts is prohibited. This specifically includes, but is not limited to, the installation or distribution of"Pirated" software or multi- media products using City systems. Page 3 of 10 L. Employees shall not perform any of the following: port scanning, security scanning, network sniffing, keystroke logging, or other IT information gathering techniques when not part of employee's job function. M. Employees shall not knowingly introduce any malicious computer program onto City systems. N. Employees shall not attempt to circumvent user authentication or security of any City Computer system. O. Employees shall not reveal individual or network passwords to third parties. P. Excluding City business, excessive use of City bandwidth or other computer resources is not permitted. Large file downloads or other bandwidth-intensive business tasks that may degrade network capacity or performance must be performed during times of low City-wide usage. Please consult with the I.T. Department for alternatives in use of bandwidth or downloading of large file. Q. Streaming media is allowed for job-related functions only. R. Peer-to-Peer(P2P) networking is not allowed on the City network under any circumstance. SECTION 3. SECURITY A. General Security Unauthorized access to any City networks, computer systems, and data is prohibited. Attempts to access unauthorized networks, computer systems, or data is equivalent to achieving unauthorized access and subject to disciplinary action up to and including termination. Employees should take reasonable efforts to avoid accessing network data, files, and information that are not directly related to his or her job function. Existence of access capabilities does not imply permission to use this access. B. User Account Creation & Termination 1. Human Resources must notify the IT Staff in the event of a staffing change, which includes new employee activation, employment termination, employment suspension, or a change of job function (promotion, demotion, suspension, etc.). 2. Occasionally City guests will have a legitimate business need for access to the City network. When a reasonable need is demonstrated, temporary guest access is allowed. This access, however, must be restricted to only those resources that the guest needs at that time, and disabled when the guest's work is completed. All guest accounts must be approved by a department head and IT Manager. Page 4 of 10 C. Passwords A secure password policy is perhaps the most important security control the City can employ. 1. Passwords should be comprised of a mix of upper and lower case characters, a mix of letters, numbers and special characters (punctuation marks and symbols); and be at least 8 characters. The disclosure of any employee's business application, network or e-mail account password or otherwise making the account available to any other person is prohibited. 2. Access to employee accounts can be granted to supervisory and management personnel by IT Department upon approval of the employee's department head, City Administrator or designee, or Human Resources Director. 3. Every workstation or computer serer should be equipped with a password- protected screen-saver with the automatic activation feature set for no longer than 15 minutes. Exemptions may be authorized by the department head and the IT Manager_ 4. In order to maintain good security, passwords should be periodically changed. At a minimum, users must change passwords every 180 days. The City may enforce compliance with this policy by expiring users' passwords after this or another time period. 5. Since compromise of a single password can have a catastrophic impact on network security, it is the user's responsibility to immediately report any suspicious activity involving his or her passwords to the IT Manager. Any request for passwords over the phone or e-mail, whether the request came from City personnel or not, should be expediently reported to the I.T. Manager. When a password is suspected to have been compromised the IT Staff will request that the user, or users, change all his or her passwords. D. Encryption Data encryption may be used only when necessary for the purpose of securing information, as according to City requirements for confidentiality. 1. Staff shall notify their supervisors of their intent to use encryption and explain how and why they intend to use it. 2. Once the approval is granted by the supervisor, staff shall give all encryption keys to their supervisors prior to use. E. Reporting Security Incidents A security incident can come in many forms: a malicious attacker gaining access to the network, a virus or other malware infecting computers, or a stolen laptop containing confidential data. When an electronic security breach is suspected, the City's goal is to Page 5 of 10 recover as quickly as possible, limit the damage done, and secure the network. If an employee suspects a security incident, especially the release of any confidential data, he/she must report the incident to the IT Department immediately. SECTION 4. PRIVACY AND ACCESS. A. Right to Access Users have no expectation of privacy in anything they create, store, transmit or receive on the City of Vernon's network and computer system. All messages, data, photos and attachments transmitted, accessed or received over City networks are considered City records and are, therefore, the property of the City. The City reserves the right for any reason to access and disclose, when there is a legitimate business purpose or legal requirement to do so, all messages and/or electronic data sent over its network or stored in its files. The City has the right to delete or retain any or all electronic files including e- mail of a City employee who is no longer employed by the City. The City does not systematically inspect all records, and relies on employees to report offensive or inappropriate material to their supervisors and/or Human Resources. B. Public Nature of Electronic Communications Unless legally protected from disclosure, electronic communications on City-issued equipment may be a public record like any other public document. Any communication created, received, or saved on City networks or systems may be construed to be a public document, and thus may be subject to legal requests for public disclosure. SECTION 5. E-MAIL A. Use I. Use of third party e-mail providers, such as Yahoo or Gmail, for any City business or communications is prohibited; 2 The forwarding of chain letters, junk mail, personal mass mailings, etc. is prohibited; 3. All messages distributed via the City network or e-mail system, including personal e-mails, are property of the City of Vernon. 4. If additional costs for users' personal use of the City e-mail system are incurred, users may be responsible for reimbursement to the City as appropriate. 5 Employees should not open e-mail attachments from unknown senders, or when such attachments are unexpected. 6. E-mail systems were not designed to transfer large files and as such a-mails should not exceed 30 megabytes in total file size including attachments. Please consult with the I.T. Department for alternative transfer of large files. 7. Users are prohibited from deleting e-mail in an attempt to conceal a violation of this or another City policy. Further, e-mail must not be deleted when there Page 6 of 10 is an active investigation or litigation where that e-mail may be relevant. Employees should consult the City Attorney's Office with regard to the handling, printing and retention of electronic records or files. SECTION B. SOCIAL MEDIA & NETWORKING A. Identification as a City Employee Where it is evident from the posting that the poster is an employee of the City, any ideas or opinions expressed must be clearly identified as being those of the poster and not those of the City. Specifically, the poster may not represent the ideas or opinions of the City or any City department in social media and networking communication consisting of any of the following without the approval of the City Administrator or his/her designee: 1. Endorse, support, oppose or contradict any political campaign or initiative. 2. Endorse, support, oppose or contradict any social issue, cause or religion. 3. Endorse, support, or oppose any product, service, company, commercial entity, public agency or public entity. 4. Personal social media accounts and/or postings should not include any City and/or City department logos, images, insignias, and emblems in a manner that appears to represent the ideas or opinions of the City or any City department. B. Release of Confidential Information Employees are expressly prohibited from releasing any privileged personal or confidential information related to the City or its employees on any social networking sites. C. Prohibited Use During Safety Calls for Service At no time during a response to a call for service will any public safety employee make any posting or send any message or notification to any social networking site or texting resourceloutlet that comments in any way upon that departmental response, unless directed to do so by a commanding officer/supervisor, and as part of a tactical response to that call for service. SECTION 7. PHOTO & ELECTRONIC MAINC A. Any scene photographylvideo by City employees in the course and scope of their employment shall be for clinical, documentation, or training purposes only, and conducted by or at the direction of a department head or designee. B. Any photography/video containing identifiable medical patient information is covered by health privacy laws and shall be protected from disclosure in accordance therewith_ Page 7 of 10 C. No images taken by a City employee in the course and scope of his/her employment may be used, printed, copied, scanned, e-mailed, posted, shared, reproduced, or distributed in any manner without the approval of the department head or designee. SECTION S. VIRTUAL PRIVATE NETWORK VPN — REMOTE ACCESS TO CITY RESOURCES A. Definition The Virtual Private Network("VPN") Policy applies to all City of Vernon employees, subject to overtime standards as provided for by law, and extends to others offered access to City resources. The VPN extends the City's private network across a public network, such as the Internet. It enables a computer to send and receive data across shared or public networks as if that computer were directly connected to the City's private network, while benefiting from the functionality, security and management policies of the private network. The City's VPN allows employees to securely access the City's intranet while traveling outside of the office. B. Acceptable Use VPN is available to employees for the purpose of providing an effective method to communicate, increase productivity, perform research and obtain information that will assist in performing job related tasks. Employees shall use good judgment at all times when using the VPN. Employees must submit a request for approval to the IT Department for any remote connections to the City network, and VPN access may be revoked at any time. C. Overtime Use: Under various labor laws and Union/Association agreements, employees of the City, other than FLSA exempt employees, must be compensated with applicable overtime pay for any work performed outside of normal duty hours. It is the policy of the City to avoid overtime work whenever possible. Any work conducted on the City's VPN must be completed during the employee's normal work period. Work conducted on the VPN outside of the normal work period for that employee must be pre- approved by the department head, and be consistent with the City's overtime policy. 1. Non-exempt employees may not remotely access the City's electronic communication resources for any purpose outside of business hours other than for resolving scheduling questions, unless pre-approved by the employee's department head. 2. All pre-approved overtime work performed through remote access to the City's electronic communication resources must be reported on the employee's payroll record on a weekly basis during the pay period in which it was earned. 3. Employees may not access the City's systems remotely with the intention of waiving their right to overtime compensation. That right cannot be waived under the terms of labor laws and is forbidden by this policy. Page 8 of 10 4. Supervisors and managers are responsible for enforcing the provisions of this section at all times. Specifically: a. Employees shall be immediately informed of a detected violation of the policy by any supervisor or manager who receives information to that effect_ Appropriate disciplinary action may be taken. b. Supervisors and managers shall not give direct or tacit approval of any employee's violation of this policy by granting overtime approval in violation of City or departmental guidelines or by accepting the employee's response when the response is generated outside of normal work hours and proper approval to work the overtime has not been given. If an employee works overtime without authorization, he or she is entitled to compensation for the overtime work, but may be subject to discipline. SECTION 9. CONFIDENTIAL DATA 1. E-mail messages sent to and received from attorneys representing the City may contain confidential and/or privileged communications. Attorney- client communications and attorney work product should never be distributed or copied without the express permission of the City Attorney's Office. 2. Except for certain authorized staff or as otherwise permitted by law, employees are prohibited from accessing or attempting to access or disclose any secured confidential, personal or medical information on any City computer system. Page 9 of 10 Electronic Information and Communication Systems Policy Acknowledgment I, have read and understand Administrative Policy (Print Name) Manual Chapter 5, Article 1 — ELECTRONIC INFORMATION AND COMMUNICATION SYSTEMS POLICY and agree to comply with the requirements of the policy. Employee Signature Date Page 10 of 10 MOBILE ADMINISTRATIVE POLICY MANUAL COMMUNICATION DEVICE Section 5.2 Information Technology _ USE POLICY Approval: L. _ City Administrator Effective Date: Responsible Department: City Administration—Information Technology Division PURPOSE: The purpose of this policy is to provide clear guidelines for the authorization, distribution and appropriate business use of Mobile Communication Devices (MCDs) by City employees and for the establishment of a cellular phone allowance. POLICY The City of Vernon recognizes that cellular MCDs enhance the level of City services by allowing employees to remain in contact with the office or with one another as the need arises. Technology has now made MCDs both practical and economical for work-related use and this policy establishes procedures and conditions for their authorization and use to ensure accountability and to prevent improper use. This policy applies to the use of City issued and personal MCDs for City business. The City shall ensure that cell phone use is appropriate and that public funds are prudently spent. The use of licensed emergency frequency radio communication devices by personnel are excluded from this policy. SECTION 1: DEFINITION MCDs include any mobile communication device that provides for voice and/or data communications between two or more parties including, but not limited to, a cellular telephone, a text message device, a personal digital assistant, a smart phone, an air card, or a tablet that utilizes a wireless signal to provide Internet access. SECTION 2: ELIGIBILITY A. Employees with a demonstrated need for regular use of a MCD for City business may, at the discretion of the City Administrator, be provided with a City issued MCD or a stipend for use of their personal MCD for City business. It is exclusively the decision of the City as to which option to provide where such a need exists. The following criteria will be considered: 1. Departmental requirements indicate having an MCD is an integral part of performing the duties in the job description. 2. Employees who operate frequently in the field and use their MCD during the course of the business day to communicate with remote City locations, with support vendors, with members of the public, or who may receive regular city business phone calls while off-duty. 3. Required to be on-call outside of normal work hours. Pagel of S 4. Critical decision maker. 5. Quantity of calls/minutes used. 6. Need for access and frequent updates to calendar, email, contacts, and files while not in the office. B. Employees must submit a MCD Justification Form to receive assignment of any MCD. SECTION 3: PLAN TYPES The City provides for a two-tier MCD system. A. City-Issued MCDs: 1. The City contracts with a service provider for a pool of minutes to be accessed by users using a City-issued MCD. All City-issued MCDs are a public resource, meant for expediting City business, and are intended for official City business. The City recognizes that unforeseen circumstances may develop in which personal calls result in incidental use. When personal use is found to be excessive or abusive, employees may be required to reimburse the City for the charges within a month of the City's receipt of the bill. Failure to reimburse the City for excessive or abusive personal use may result in disciplinary action. 2. Employees should immediately report unauthorized use, theft or loss of a City- issued MCD or accessory to their supervisor and/or Department Head and the City Information Technology staff. In the case of a lost or damaged City— issued MCD or accessory, the employee may be responsible for reimbursing the City for the value of the equipment if the employee is determined to be negligent for its loss. 3. Communications via City-issued MCDs may be subject to discovery via the Public Records Act. B. Monthly MCD Stipend: The City issues reimbursement stipends to eligible employees who in turn provide their personal MCD to use for City business. 1. In lieu of a City-issued MCD, an employee may be paid a stipend for use of their personal MCD for City business. The City Administrator will determine which employees will be eligible. 2. Stipend allowances will initially be set as provided below. The IT Manager may recommend adjustments to the rates based on the current market. Stipend levels will be set at the beginning of each fiscal year and will remain unchanged until the following fiscal year. a. $25 per month for cellular only b. $45 per month for cellular and data. Page 2 of 5 3. The monthly stipend is intended to cover the portion of an employee's MCD costs related to City business, and not off-set the entire cost of a MCD's cellular or data plan. 4. The stipend allowance is not a wage substitute and is not considered taxable income to the employee. The stipend does not constitute an increase to base pay, and will not be included in the calculation of percentage increases to base pay due to annual raises, job upgrades, benefits based on a percentage of salary, etc. 5. Employees who receive a stipend must provide the City a cell phone number where the employee can be reached. Repeated failure to respond to calls may lead to revocation of a MCD stipend. 6. The MCD will be personally owned and under the responsibility of the employee. 7. Employees approved to receive a stipend shall be responsible for purchasing their own MCD and enrolling it in their own monthly access plan. 8. Non-FLSA Exempt employees shall not use their MCD for City business during non-working hours without prior approval from their supervisor. 9. An employee receiving a stipend must be able to show, if requested by his/her Department Head or the City Administrator, a copy of his/her monthly MCD cellular or data plan charges. Employees should redact any personal or confidential information from the document prior to providing to the City If the employee terminates the MCD cellular or data plan at any point, he/she must notify his/her Department Head within five (5) business days to terminate the stipend. SECTION 4. SAFETY A. Except in the case of an emergency, employees shall not use MCDs while driving unless the device is specifically designed and configured to allow hands-free listening and talking (California Vehicle Code 23123 (a)). Such use of a city-issued MCD shall be restricted to business related calls or calls of an urgent nature while driving. This pertains to: 1. City-issued MCDs 2. Personal MCDs while being used for City business 3. City vehicles 4. Personal vehicles driven on-duty E. With the exception of an emergency, employees shall not operate MCDs that may distract from safely operating a motor vehicle. Using MCDs while driving leads to increased risk of accident and liability to the City. To limit this risk, all employees shall adhere to the following while conducting City business: 1. Use a hands-free device if employee must make or receive a call. Page 3 of 5 2. Make calls before starting the vehicle and proceeding to your destination. 3. Pull over or park in an appropriate manner before initiating a call. 4. Allow voice mail to handle the incoming calls and return them at your safe convenience. 5. Calls, except emergencies, while operating a City-owned vehicle are prohibited. 6. Suspend conversations during hazardous driving conditions or situations. 7. Do not take notes, look up phone numbers, or text message while driving. C. Subsection B above does not apply to emergency services professionals using an MCD while operating an authorized emergency vehicle, as defined in Section 165 CVC, in the course and scope of his or her duties (authority under 23123(d) CVC) SECTION 5. SECURITY A. Secure Usage 1. Downloading or installing software, applications or programs on any City-issued MCD without prior authorization by the IT Manager or designee is prohibited. 2. Connecting (excluding business use) any MCD to the City's network, wireless or wired Internet, or any City computer without prior authorization by the IT Manager or designee is prohibited. Downloading and streaming (excluding business use) materials, including, but not limited to music, video, electronic literature, ringtones or copyrighted material to any City-issued MCD is prohibited except where the City owns the right to use or distribute the copyrighted material. 3. Any equipment connected to the City's network is subject to the same criteria regarding privacy as City-owned equipment. 4. Sending or forwarding discriminatory, defamatory, obscene, offensive, racist, sexually suggestive, or harassing messages via City-issued equipment is expressly prohibited. 5. By using an assigned MCD, employees accept responsibility for their use and security. B. Confidential Data. 1. E-mail messages sent to and received from attorneys representing the City may contain confidential and/or privileged communications. Attorney- client communications and attorney work product should never be distributed or copied without the permission of the City Attorney's Office. 2. Except for certain authorized staff or as otherwise permitted by law, Users are expressly forbidden from accessing or attempting to access or disclose any secured confidential personal or medical information on any computer system. Page 4 of 5 SECTION 6. PRIVACY When using a City-issued MCD, or when conducting City business on a personally owned MCD, employees should have no expectation of privacy in anything they create, store, send or receive via the City's network or server. Page 5 of 5 v . .f EDEIVED rifLwrt „ ` OCT 14 2015 0#15 1015 CYO ; QfM;E STAFF REPORT CITY IDMINISTRATICN HUMAN RESOURCES DEPARTMENT x DATE: October 20, 2015 TO: Honorable Mayor and City Council FROM: Teresa McAllister, Director of Human Resources Department_ RE: City Council Will Receive a Presentation on the Goals and Accomplishments of the Human Resources Department Recommendation A. Find that the update on the goals and accomplishments of the Human Resources Department is exempt from California Environmental Quality Act ("CEQA") review, because it is a general policy and procedure making activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a '`project" as defined by CEQA Guidelines section 15378. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Receive and file this report. Background As part of the good governance reform, the City of Vernon hired Teresa McAllister, Director of Human Resources on September 4, 2012 to oversee all salary and benefit studies, assist departments in the hiring process, manage employee complaints and/or grievances, provide new employee and City Council orientations, and update all personnel rules and regulations. During the last three (3) years, the Human Resources Department has re-established itself as a key and critical department to provide core human resource services, and attentiveness to all City of Vernon employees and departments. The mission, vision and values of the Human Resources Department is to provide exceptional and knowledgeable human resources support to the various departments on personnel related matters and assist in the hiring and retention of talented people who are self-motivated in order to deliver a high quality of service. Page 1 of 5 This is achieved by ensuring a safe and rewarding work environment that attracts, retains, and develops professional employees. The department's function is to protect the dignity of individuals, honoring their right to fair consideration in all aspects of employment and career without regard to race, sex, religion, age, political beliefs, national origin, or marital status. The department is responsible for the City's compensation plan, benefits, training programs, and risk management for all employees and retirees. To fulfill its mission, the department conducts the City's recruitment, testing, and selection process, oversees labor relations and enforces and ensures compliance with the City's Personnel Policies and Procedures, MOUs and Federal and State Laws concerning labor negotiations, grievances and disciplinary actions. In line with the City's good governance reform efforts, Human Resources staff in cooperation with various departments, and employee labor groups have made significant accomplishments over the years as follows: • In 2012, staff introduced the PARS Early Retirement Incentive Program resulting in citywide savings of approximately $1.9 in year one and $8.1 savings over 5 years. • Implemented a merit based personnel system for the administration of City personnel and centralized the hiring authority and personnel matters within the office of the City Administrator. The personnel merit system provides the means to appoint and promote City officers and employees on the basis of merit, with due regard for equal opportunity in employment, and free of personal consideration and political coercion. • Coordinated the Ci de Classification and Com ensation Stud . The City had not conducted a comprehensive classification and compensation system-wide study in over five years. Over the years, this has resulted in misalignment of how classifications are used in terms of assignment and level of responsibility, making it difficult to maintain internal equity. A comprehensive classification plan is an integral component of employer organizational procedures to ensure maximum effectiveness. The citywide classification and compensation study resulted in one-hundred eighteen (118) updated and new classification specifications and a comprehensive classification and compensation plan. • Negotiated with six (6) employee labor organizations resulting in five (5) two-,ye Memoranda of Understanding MOU and one 1 three-year MOU. City staff and representatives of each of the employee labor organizations met on numerous occasions and conferred in good faith exchanging proposals concerning wages, hours, fringe benefits and other terms and conditions of employment. As a result, the City of Vernon and its employees approved a MOU effectuating various provisions related to salaries, fringe benefits and other terms of employment for represented employees. • Implemented the Cijy of Vernon Personnel Policies and Procedures Manual to ensure a more efficient and effective method in maintaining and managing the City's personnel Page 2of5 policies. The manual is designed to provide a uniform and consistent system for human resource administration throughout the City. It will promote effective communication among managers, supervisors, and employees. The manual will provide specific information that secures the organizational interests and operational effectiveness of the City of Vernon while maximizing the potential for high performance by staff. To-date there have been forty-three (43) new and revised policies adopted by the City Council including a Workplace Injury and Illness Prevention Manual. • Implemented the Human Resources Management System (HRMS) and Online Applicant Tracking Module using the Eden and NeoGov platforms. The implementation of these modules significantly reduced staff time to focus on more critical aspects of human resources management. The HRMS provides staff with the capacity to monitor and manage employee benefits, track and report on application processes, and screen and conduct recruitment operations and personnel actions from a centralized computer terminal. The HRMS saved staff time and increased productivity. « Implemented various employee morale and communication events such as, the Halloween Contest, Employee Service Awards & Holiday Celebration, Employee Quarterly Informational Meetings, Employee Bar-B-Que, Health and Wellness Fair, VEEP Awards, re-implemented the employee newsletter (Vernonite) and Safety Committee, and introduced the employee on-line suggestion box. Employee morale and professional development programs create achievement-driven cultures, increases productivity of the workforce, and maximizes and identifies potential talent and resources for future leadership. • To ensure effective delivery of services, hired two (2) new staff, Senior Human Resources Analyst and Human Resources Assistant. Provided cross-training within the department whereby providing staff the knowledge and skills to better serve our customers. Cross-training will ensure the City will have trained, quality human resources staff to efficiently and effectively provide services into the future. • Implemented the Ci1y of Vernon College Volunteer Internshi Pro ram to provide valuable on-the-job practical training and opportunities for College students to gain work experience in a City government environment. The program exposes students to careers in local government while developing and/or enhancing their professional skills and abilities in a hands on work environment while applying their academic knowledge. Io- date, ten (10) volunteers have been utilized by City departments to assist in various work projects. Increased job applicant pool in an effort to attract and retain the best-qualified personnel. Human Resources staff has promoted internships and job opportunities through participation in local job fairs and outreach to various local colleges. Page 3 of 5 In 2015, the department continued to ensure timely recruitments by maintaining an average day of hire on approximately seventeen (17) recruitments at 90-days or less beginning from the date of recruitment to hire date. These recruitments entailed processing 1,449 applications. The department administered nine (9) written/performance exams, submitted over 2,590 recruitment related notices, and coordinated six (b) oral board panels. The Department continues to support "Going Green" and offers employment opportunities through e-mails to local cities and colleges and via an on-line electronic employment application. • Updated the Citywide Fringe Benefit and Salqa Resolution to ensure an efficient and effective method to provide a uniform and consistent application for human resources benefits and salary administration throughout the City. • Implemented Employee Development & Succession Planning Training. Approximately thirty-two percent (32%) of the workforce will be eligible for retirement within the next 3-5 years. It is imperative that the city maximizes its current resources and identify new potential talent and resources for future leadership. o Provided performance evaluation training to all supervisors and managers to ensure goals, objectives and plans for professional development are identified for all employees. o A series of leadership & management/supervisory skills training for all employees is scheduled for November 2015. Enhancing the skills, abilities, and training of employees ensures a competent workforce and sustainability of programs and services offered to residents and businesses. o Provided Generational Training to all employees to identify the challenges and opportunities that exist with all of the various generations found in today's workplace. The workshop focused on recognizing and optimizing generational differences, communication, and inclusion. In 2015, conducted twenty (20) surveys to compile statistical data for the purpose of 1) developing new job classifications that will provide career ladders and establish more stability in delivering services to the City of Vernon 2) making informed decisions 3)to develop new policies and procedures impacting the organization. • As a result of the CalPERS audit, five (5) former employees are awaiting CalPERS Administration Law Judge adjudication. All other matters have been finalized and staff has taken all necessary corrective actions as instructed by CalPERS to-date. Page 4 of 5 • Good Governance Reforms As of October 13, 2015, one (1) final Human Resources' good governance reform is pending a response from JLAC. Item 9 - To ensure that it develops complete and appropriate personnel policies and procedures, the new Human Resources Director should ensure that the City's policies and procedures include, at a minimum, an improved methodology for and analysis of future salary surveys, ensuring that they are performed by staff or a consultant with experience and expertise in the area of salary surveys. o JLAC's response: The policies that the city reference do not address our recommendation, specifically, they do not include "an improved methodology for and analysis of future salary surveys, ensuring that they are performed by staff or a consultant with experience and expertise in the area of salary surveys" a City's response: It is not feasible to outline a specific methodology for salary surveys in the policies themselves, as most components of any particular salary survey are mandatory negotiable items under the Meyers Milias Brown Act. The policies place the responsibility of plan maintenance, which would include the conduct or oversight of salary surveys, with the HR Director, which is the staff position with the most experience and expertise in the area of salary surveys. • Health and Safety On October S, 2015 the City hired an Industrial Hygienist to perform an assessment and review of the Health and Public Works Department's safety procedures, processes and policies. The Industrial Hygienist will provide expertise consultation on the departments' safety compliance and best practice procedures. The final report will be provided to the City Administrator in early November 2015. In conclusion, the Human Resources Department is well established to assist all City departments in providing the best possible services to city residents, the business community and the general public by ensuring a safe and rewarding work environment that attracts, retains and develops professional employees. Attachment(s) 1. None Page 5of5 ury 1ECEIVED RECEIVED C!_"'T 14 2015 OCT 15 2015 #,. ' +f`r .wMfNISTRATION CITY CLERK'S OFFICE STAFF REPORT DEPARTMENT OF PUBLIC WORDS, WATER AND DEVELOPMENT SERVICES .. DATE: October 20,2015 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson;Director of Public Works, Water and Development Services Scott B. Rigg,Public Works and Water Superintendent S� RE: Change Order No. 2 to Contract No. CS-0533, General Pump Company Recommendation A. Find that Change Order No. 2 for the installation of a 4-inch Swage Patch at Production Well No. 16, attached hereto, is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency's determination; and B. Ratify the approval of Change Order No. 2 to Contract No. CS-0533 with General Pump Company, Inc., expanding the services to include the installation of a 4-inch Swage Patch at Production Well No. 16, at a not-to-exceed cost of$10,850.00. Background Production Well No. 16 (welt), located at 4305 Santa Fe Avenue, in Vernon, CA, had its drive motor and pump unit replaced by Weber Water Resources, Inc., in 2014 due to a decrease in its production capacity. Upon completion of the motor and pump unit installation, the well was test pumped to quantify the production capacity in terms gallons per minute (gpm). Subsequent testing found that the well could produce no more than 700 gpm as a result of plugged perforations in the well-shaft and that rehabilitation of the well-shaft would be required to clear the perforations. On April 7, 2015, the Vernon City Council approved Contract No. CS-0533 for the Rehabilitation of Production Well No. 16 to General Pump Company. Upon completion of the initial rehabilitation process, a video log was performed to access the condition of the well-shaft. The video log found that the well-casing has a crack located at approximately 534-feet in-depth. General Pump recommended that a 4- inch Swage Patch be placed over the subject crack to prevent the potential of sand and gravel from entering the well. General Pump has also recommended that two video togs be performed. The first video Page 1 of 2 log will ensure the exact location of the crack. The second video log will verify the Swage Patch is installed correctly. City staff directed General Pump Company to perform the work under a change order. Fiscal Impact Funds have been budgeted in the fiscal year 2015-2016 budget under Account No. 020.1084.900000 to cover the costs associated with this work. Attachment(s) 1. General Pump Company - Change Order No. 2 to Contract No. CS-0533 2. General Pump quote, dated October 1, 2015. Page 2 of 2 CITY OF VERNON DEPARTMENT OF PUBLIC WORKS, WATER AND DEVELOPMENT SERVICES CONTRACT CHANGE ORDER NO. 2 SUPPLEMENT NO. SHEET 1 OF 1 SHEETS PROJECT: Rehabilitation of Production Well No. 16 CONTRACT.NO. CS 0533 TO: General Pump Company, Inc CONTRACTOR REQUESTED BY: City of Vernon 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 City of Vernon hereby directs General Pump Company,Inc., to proceed with the installation of the Swage Patch and video logs at Production Well No. 16, CS-0533. Contract Amount (Base Bid) . . . . . . . . . . . . . . . . . . . . . - - - - $ 151,180.00 Amount of This Change Order $ 10,850.00 Amount of Previous Change Orders . . . . . . . . . . . . . . $ 151,180.00 Total Change Orders - - - - - - - - - - - - - - - - - - - - $ 162,030.00 Modified Contract Amount . . . . . . . . . . . ._. , , , , . . . . . . . . . . . . . . . . . . . S1 313,210.00 By reason of this change order the time of 0 Days completion will be adjusted as follows: Approved: Date: Mark Whitworth,City Administrator Attest: Drat' Maria Ayala,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: Contractor: By: Title: c: Project File/Contractor/Purchasing Rev 03110 f t59 N.ACACIA STREET * SAN DIMAS,CA 91773 PHONE: (909)599-9606* FAX: (909)599-6238 COKPMY CAMARILLO,CA 93010 * PHONE: (SOS)482-1215 www.genpump.com WELL & PUMP SERVICE SINCE 1952 Lic_#496765 Serving Southern California and Central Coast October 1, 2015 Via Email City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Attn: Scott Rigg Subject. Well 16-Sleeve Installation Dear Scott: Per your request,listed below is a quote for a sleeve installation at Well 16 that includes two videos (before and after). Cost • Install an approximate 4' swage patch (sleeve) at 534'. $ 9,850.00 • Perform two (2) videos - before and after to assure the setting is in the right location and that it was swaged properly. 1,000.00 Total Cost $10,850.00 The swaging can take place at this site in about two (2) to three (3)weeks. Should you have any questions or need additional information, please do not hesitate to contact us. Thank you. Sincerely, GENERAL PUMP COMPANY,INC. Midw[Bodart Michael Bodart President/Director of Engineering RECEIVED RECrtiVED OCT 15 2015 DCT 15 Z015 � ' �,:�� CITY ADMINISTRATIO Cay CLERK'S OFFICE UPDATED STAFF REPORT PUBLIC WORKS, WATER & DEVELOPMENT SERVIC DEPARTMENT DATE: October 20, 2015 TO: Honorable Mayor and City Council FROM: Samuel Kevin Wilson,' Director of Public Works, Water and Development Services Department RE: Continuation of Presentation/Discussion on the Options for City Housing Remodeling Project Update On October 6, 2015, City staff presented updated information to the City Council relating to the 2015/2016 City Housing Remodel Project for discussion purposes. During the discussion, the City Council requested that staff provide additional information at the October 20'' meeting and continue the discussion at that meeting. This staff report contains all information originally presented on October 6t', as well as the additional information requested by Council. Presentation Item The City of Vernon owns 31 housing units, of which twenty-six are within the City limits. In and around 2007, nineteen of the Vernon housing units underwent a major remodel. City Council has directed staff to prepare a contract to remodel the remaining seven housing units. Based on the results of a recent market rent study of the seven subject units, it appears that the ability of rents in the Vernon area to increase in proportion to the level or extensiveness of a major remodel is quite limited. As such, City staff and the Vernon Housing Commission is recommending that the City Council revisit the scope of the remodel project and provide direction to City staff on the extent of the remodel that should be undertaken for the seven remaining units. Background The City of Vernon owns twenty six housing units within the City limits. These housing units were constructed in the 1940-60's era and consist of eighteen single family homes and eight apartment units. In 2007/08 the apartment units and eleven of the single family homes underwent a major remodel. Due to the economic recession, the remaining seven Vernon units were not remodeled. Earlier this year, the City Council directed City staff to commence the necessary steps to remodel the remaining homes to the same standard that was applied in 2007/08. Some of the tenants have approached City staff and requested not to have their homes remodeled because they did not want to endure being temporarily relocated during the remodeling process. In an effort to be fair, City Council has indicated that an opt out option should be provided to all affected tenants. In order for each affected tenant to make an informed decision, City staff thought it was important for each tenant to know what the increase in rent may be as a result of the remodel. The City engaged an appraiser to assist in determining what the rental rates of the subject units might be after the upgrades were completed.' The appraiser determined that the rents for the remodeled homes should increase by approximately $103 per month for providing new appliances in each of the units and an additional $100 per month for the construction upgrades to each of the units. If the City were to spend $5,000 on appliances, it would result in a 4-year payback period. If the City were to spend $100,000 on the remodel, it would result in an 83-year payback period. This information was provided to the City's Housing Commission on September 9, 2015. It was the Commission's opinion that a remodel related rent increase of more than $250.00 per month would be difficult for the Vernon market to bear. As such, the Housing Commission recommends that the remodel upgrades be reduced in scale so that the cost of the improvements would be paid off by the rent increases in a much shorter and more reasonable time period. Given that the appliances would result in a $103 per month increase, this would leave $147.00 per month to be utilized towards remodeling construction costs. If a period of fifteen years was used as a reasonable payback period, it would result in $26,460 worth of improvements that could be made to each home. City staff is looking for City Council's guidance on how much should be spent on the remodel of each home. Attached herewith in Exhibit "A" is a list of improvements that were made to the homes that were remodeled in 2007 with a dollar cost assigned to each of the tasks that was performed. Actual costs for construction will be determined by competitive bid. Additionally, it should be noted that the City is required to make at least five percent of its housing units (two units) fully ADA compliant. The cost of the ADA improvements are in addition to the costs that are provided and are estimated to be an extra$7,000.00 per unit most of which will be the cost of a permanent, concrete, disabled 1 On a related note, the appraiser's scope also included the determination of the current market rental rates for the subject units in their current condition, prior to or absent any remodel work. Because it has been nearly four years since the last professional rent survey, market rents for the subject units in their current condition have increased significantly. The Commission is expected to conduct a comprehensive review of current market rents for all City-owned housing units in early 2016, and establish updated market rents for all units by mid-2016. ramp into each of the two homes. City staff has indicated on the exhibit its opinion on the minimum amount of work that should be undertaken if a house is to be remodeled. This includes kitchen, bathroom and laundry room remodels, interior painting, lead abatement and flooring upgrades throughout the home. A total cost for the minimum improvements is estimated to be $37,000. This would result in payback of almost 21 years at a rent increase of$147.00 per month. Additional Information Requested by City Council During the October 6a' discussion, the City Council discussed the possibility of a two- pronged approach to the remodel project, whereby minimal improvements would be made while the units are occupied, and the full scope of improvements would be made when the units become vacant. The City Council requested an estimate of what work/costs may be duplicated under such a scenario. If, in the future, the City decided to perform the full initial remodel scope after the minor remodel occurs, it would likely result in the home having to be repainted and recarpeted at an additional cost of approximately $6,000. This is due to new baseboards, doorjambs, electrical and plumbing being installed in the walls and ceilings. Exhibit "A" has been updated to reflect said costs. The City Council also requested a preliminary draft of the opt out letter that would be issued to each of the affected tenants, which is attached hereto as Exhibit"B". City staff is seeking City Council guidance on what improvements should be made to each of the homes. The City Council can pick and choose from those tasks included in Exhibit"A" or request additional work beyond this scope. Fiscal Impact Direction provided by City Council will ultimately determine the financial impact on the City. However, funds were budgeted for the full remodel of four homes in fiscal year 2015-2016 based on the anticipated proceeds of the sale of three City-owned homes in Huntington Park. Attachment(s) Exhibit"A" - Remodel Cost Estimate Exhibit `B"—Opt Out Letter Exhibit A Remodel Cost Estimate W W W W W N N N N N N N N N N Y r r r r !--' Y Y Y F-' W y A W N r ]t A W rV Y 0 W M --I m cn A W rV Y 0 �D w V m Qn A W N r 0 7� D G) M D m x w 7b 7b = ;a x x w ;Q n = x Q j j m m m v x j x m � x a r. s a a m 0_ X m m m m m m m m m o m m ro ro ro a m m rn m m Sr v m w a Q rp n 3 3 - -2 3 � a ti 0 3 CD a a a , la a s 2 m Qo Ua '! O 0 a W o m a w ,'S, m o C' N m a a N S N d U pj y a c � 3 m mS O O� �` m m {Cp M, m M, C a O fnG rnU fn0 U n f�D faU rnU r�U W a m p W a - °c° - - 0- n _ a x a ^� 3 a f D ° p N ° 7 eo 90 X [r a m , C o = > o ] a a 3 m T+ `° r. n: '" n D 0 m ° — n a 0_ o d m m ti y S Cr ro 0 n n v ° io O w a ° n o a mo— N Q 0 a m ° o rn o n ro m ro = Do N ro n' C Q o 00 m a — O" C O n o - ry w �n a m ° 3 N rno 3 z a m w f° 0 n a X io �'. 0 3 o v 3 3 ° a 0 Q 0 n o w m o on 0 R 3 rn lu w 3 a 0 3 N 3 5 3 Cra io ° a 309 r`o o v D ^ g r' ° mCD n r`o a m 3 3 D m n O 3 � �n 7 m 3 I Q r a ro M " ° n ° sr m N mt A D a r j' C r��p N m d O f�D d D =. = cv " S = n ti. � a Q ro r n �_ c CL o m Co f° 0- K f; m f0 1 C m K rp Q on '^ ° m m m 3 a ~ a 7 m — m 0 O n G ° U O c a s m 9 0' 3 a % m 7 a o=a_ S ° �+ m 0 S n Ian �n rL o ° O m ° r`o 3 a m ro C 3 n Q DQ ° C ° m rD Q 0 c 0 7 3 = rn o � � x � Q o � n m o a a C m I rs � 0 Ow_ a y _ eat to 4A to t// Vl SA to iA Vt lA lA Vl to yA to Vr n to (A (A (A t!A V1 V/ 4A {A yA to {A SA to lA iA iA 4A ILn r ITS o C H 3 m O rD ID r r d C eaf A r W lD 1--' N lA O (A O O r N r WlJl W W N 00 r r r N A lA lA A O Q O 0 NJ a a a a s V9 a O In Vn a V, N O V, O V1 0 0 0 0 0 0 0 O 0 0 0 a o a o a o 0 0 0 0 0 P o a o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p, 0 o a o 0 0 0 0 0 0 0 0 0 0 0 0 00o a o 0 0000000000 0 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o a a a a o o a a a o a a a ^ ka vl> {A iA iA to iA to n to iA LA 0 3 30 -� 3 m ti D C C Nr W V lJ� l!i 0 0 0 in it 0 0 0 0 0 0 0 0 3 c 0 0 0 0 a o o a o 0 0 o a o a o 0 0 0 0 0 o a 3 o CD a o 0 0 0 0 0 .0 0 �' I CL o 01 O N (p [G w 0 0 0 C:) y a - 0 CD O p 0 o o rn 0 0 0 N '* Exhibit B Opt Out Letter } of rttou 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 [Date] [Tenant Name and Address] Re: 2016 City Housing Remodel Project and One-Time Opt-Out Opportunity Dear [Tenant Name]: ..` The purpose of this letter is to inform you of a recent decision by the City Council related to the proposed remodel of the housing unit you are currently leasing at [subject address] (the "Property"), and to provide you an opportunity to opt-out. Please note that this is a one-time opportunity, subject to the deadlines specified herein, and will not be available indefinitely nor offered again at a later date. In and around 2007 and 2008, the City, through outside contractors, performed extensive remodeling on nineteen (19) of the twenty-six (26) City-owned housing units in Vernon. Due to the economic recession in 2008, the remaining 7 units were placed on hold and not remodeled at that time. In April 2015, based on a recommendation from the Housing Commission,the City Council directed staff to commence the necessary steps to remodel the remaining seven(7) units, consistent with the scope and standard utilized in 2007/2008. In August 2015, the City Council decided to provide affected tenants an opportunity to opt out of the remodel project, in light of the significant disruption and inconvenience the associated relocation may cause and the potential rent increase that could result, among any other reasons any tenant may have for wishing to opt out. [Possible changes to the aforementioned paragraph or any additional information necessary if the Council decides to pare down the original scope or provide a choice between the original scope and a less extensive scope.] Included in the following pages is pertinent information about the remodel project and additional information City staff believes affected tenants would need or wish to have in order to make an informed decision about whether to participate in or opt out of the remodel project. Please review the enclosed information carefully, contact City Housing staff at (323) 826-1472 or cityhousing4 ci.vernon.ca.us with any questions or concerns, and complete and submit the enclosed "City Housing Remodel Selection Form"by [due date]. E�Ccfusivefy InAstrurf [Date] Page 2 Remodel Scope and Estimated Schedule [Summarize the final scope determined by City Council and attach the corresponding exhibit outlining the same, and provide an estimated schedule based on the final scope.] The City plans to remodel two (2) units at a time in the following order that was established by a random lottery selection at the June 2015 Housing Commission meeting: ON/ ■ 3361 Fruitland Avenue ■ 3365 Fruitland Avenue ■ 4321 Furlong Place ■ 4323 Furlong Place ■ 4324 Furlong Place ■ 4325 Furlong Place A ■ 4328 Furlong Place In the case of each unit, the remodel is expected to take up to [two (2) months or four(4)months depending on final scope]. Temporary Relocation During the Remodel In addition to the twenty-six (26) units in Vernon,the City owns two (2) condos in Huntington Park, both of which are vacant and proposed to be used for the temporary relocation that will be necessary during the remodel project. Both condos are located in the same housing complex known as Northpark II and are subject to the Northpark Homeowners Association Covenants, Conditions, and Restrictions (CC&R's), which is attached hereto as Exhibit [ 1. The complex is approximately 2.5 miles or a 5- to 10- minute drive from Vernon City Hall. The units are specifically located at 2915 E. 60`h Place,Unit S, and 6010 Oak Street, Unit B. Both condos are approximately 1,400 to 1,450 square feet in size. Both condos are tri-level units, with a living room and half bath on the ground floor, the kitchen and dining area on the second or mid-level floor, and two (2)bedrooms and two (2) full baths on the top floor. Both have an attached two-car garage with direct access into the unit, and both have approximately fifteen (15) steps leading to the front door on the exterior of the unit. Both condos have a private patio, but no yard and the Association's Board of Directors limits pets to one per unit. However, if any affected tenants who wish to participate in the remodel have more than one pet, City staff would consider requesting an accommodation from the HOA Board in light of the short duration of the tenancy. If you wish to make arrangements to view one of the units prior to submitting the enclosed participation or opt-out form, please contact Anthony Zarate at (323) 826-1472 or cityhousingnci.vernon.ca.us promptly and no later than [at least two weeks prior to deadline to submit form]. City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058—Telephone(323)583-8811 [Date] Page 3 All relocation options and protocols shall be consistent with the Procedures Regarding Temporary Relocation of Leasees and Authorized Occupants, which is attached hereto as Exhibit [_]. Potential Rent Increases Resulting from the Remodel In order to further assist affected tenants in making an informed decision when contemplating whether to participate in or opt out of the 2016 remodel project, City staff commissioned an . =� updated rent survey of the seven (7) units and discussed those results with the Housing . Commission in September 2015. Based on the results of the rent survey and the Commission's discussion, it is anticipated that rents would increase approximately $200 to $250 as a direct result of any remodel work. Please note that this would be in addition to any increase that may result from the comprehensive rent review the Commission is scheduled to undertake in the early part of 2016 for all City-owned units. The last comprehensive market rent survey and rent setting process undertaken by the Commission occurred in late 201 I/early 2012, and there are clear indications that the market has improved since that time, so some level of rent increase is anticipated for all units, irrespective of any remodel or other improvements. While the range of any potential increase that may result from the comprehensive rent review is not known at this time, the Commission has historically and recently demonstrated extreme sensitivity to and careful consideration of the level of rent increases the Vernon market can withstand. If you have any questions or require further information, please contact Anthony Zarate at (323) 826-1472 or cityhousingkci.vcrnon.ca.us. Sincerely, Mark C. Whitworth City Administrator/Housing Commission Director cc: Kevin Wilson, Director of Public Works, Water& Development Services Anthony Zarate, City Housing City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058-Telephone(323)583-8811 of .4 Ott 4305 Santa Fe Avenue,Vernon, California 90058 Telephone (323)583-8811 City Housing Remodel Selection Form By signing below, I acknowledge that I have received, read, and understand the information provided in the City's [date] letter regarding the 2016 City Housing Remodel Project and Opt-Out Opportunity. I hereby select the following option(mark only one): I wish to participate in the 2016 City Housing Remodel Project and agree to be relocated to either one of the two Huntington Park condos owned by the City. I wish to participate in the 2016 City Housing Remodel Project and will make my own relocation arrangements consistent with the terms of the Procedures Regarding Temporary Relocation of Leasees and Authorized Occupants. [Additional option(s) if the City Council decides to provide a choice between the original scope and a less extensive scope.] I wish to opt-out of the 2016 City Housing Remodel Project. I understand that this is a one-time opportunity that will not be available or offered again at a later date. Subject Property: Address Tenant Signature Tenant Signature Tenant Name (Please Print) Tenant Name (Please Print) Date Date Ey,cfusivefy Industriaf Exhibit Northpark Homeowners Association Covenants, Conditions, and Restrictions Upland, CA 9178S DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR NORTH PARK I I, A Joint Venture This Declaration is made August 21, 198S by NORTHPARK II, a Joint Venture ("Declarant") . RECITALS: Declarant is the owner of real property located in Los Angeles County, California, which is more particularly described as follows: . Lots 1 through 43 of Tract 43028 as per mao recorded in Book 1042 , pages 3 through 6 of Maps, ' Official Records of the County Recorder of said County. - DECLARATION: Declarant declares that for all of the property described above, Declarant has filed Tract Map Number 43028 in the Office of the Recorder of Los Angeles County describing the project and that Declarant will thereafter sell lots. Before selling or conveying any such interest, Declarant desires to subject all of the Development to the following covenants, conditions, and restrictions which are for the purpose of protecting the value and desirability of and which shall run with the .real property and be binding on all parties having any right, title, or interest in the described real property or any part thereof, their heirs, successors, and assigns and shall inure to the benefit of each owner and Declarant, Declarant 's successors - in interest, and all future owners of lots in the Development. 1 . DEFINITIONS 1 .1 The "Articles" means the Association's Articles of Association and their amendments. 1 .2 The "Association" means the and refers to NORTHPARK HOttEOWNERS ASSOCIATION an uninco-rporated association, its successors and assigns . FRECORDED ICJ OcFlCIAG BECORCS CORDER'S OFFICE ANGELES COUqTy _1_ CALIFORNIA p tti. NOl1T. `l )SBA 1 .3 The "Board" means the Board of Directors of the Association. 1.4 The "Bylaws" mean the Association' s Bylaws and their amendments. 1 .5 The "Common Area" means all real property owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of conveyance of the first lot is described as follows: Lots 39 , 40, 41 , 42, and 43 of Tract 43028 as pet. ma6p recorded in Book 1042, pages 3 through Official Records of the County Recorder of- said County 1 .6 The "Declarant" means NORTHPARR 11, a Joint Venture, its successors and assigns, if such successors and assigns acquire or hold record title to any portion of the Development for development purposes. 1.7 A "member" means every person or entity who holds a membership in the Association. 1.8 A "mortgage" means a mortgage or deed of trust encumbering a portion of the Development. An "institutional mortgagee" is a mortgagee that is a bank, savings and loan association, or established mortgage company or other entity chartered under Federal or State laws, any corporation or insurance company, or any Federal or State agency. A "mortgagee" shall include the beneficiary under a deed of trust. 1 .9 An "owner" means each person or entity holding a fee simple estate of record in a lot, including DeclarAnt. "Owner" shall not include persons or entities who hold an interest in a lot merely as security for the performance of an obligation but shall include a contract purchaser of record. 1 .10 A "lot" means any plot of land shown on any recorded subdivision map of the Development with the exception of the Common Area. 1 .11 The "Development" means that certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association. 85-1305505 -2- 2 . DESCRIPTION OF COMMON INTERESTS, PROPERTY RIGHTS, RIGHTS OF ENJOYMENT AND EASEMENTS 2.1 Ownership of Lot. Ownership of each lot within the Development shall include a membership in the Association. membership shall be appurtenant to and may not be separated from ownership of any lot which is subject ,to assessment. 2.2 Owners' Non-Exclusive Easements of Enjoyment, Etc. Every owner of a lot shall have a non-exclusive easement of use and enjoyment in, to, and throughout the Common Area of the Development and for ingress, egress; and support over and through the Common Area. However, 'such non-exclusive easements shall be subordinate to, and shall not interfere with, exclusive easements appurtenant to-lots over -the Common Area, if any. Each such easement shall be appurtenant to and pass with the title to every lot, subject to the following rights and restrictions : 2.2 .1 The right of the Association to limit the number of guests, and to adopt the Association rules and regulations ("association Rules") regulating the use and enjoyment of the Common Area. 2 .2 .2 The right of the Association to borrow money to improve the Common Area. 2 .2 .3 The right of Declarant or its designees to enter on the Development, to construct the Development, and to make repairs and remedy construction defects, if such entry does not interfere with the use of any occupied lot unless authorized by the lot owner. 2.2 .4 The right of the Association, or its agents, to enter any lot as necessary in connection Vith construction, maintenance, or emergency repair fnr the benefit of the Common Area o: the owners in common. The right shall be immediate in case oil an emergency originating in, or threatening, such lot; otherwise, entry shall be made only after reasonable notice is given to the lot ' s occupant. 2 . 3 Delegation, of Use; Tenants. Any owner may delegate his right of use and enjoyment in the Development, including any recreational facilities, to the members of his family, his guests, invitees, and to such other persons as may be permitted by the provisions of the Declaration, the Bylaws, and the Association Rules. Each owner shall notify 85-1305505 -3- the Secretary of the Association of the names of any tenant of his. Each owner, or tenant, shall also notify the Secretary of the names of all persons to whom the ow::er or tenant has delegated any rights of use and enjoyment in the Development and the relationship that each such person bears to the owner or tenant. Any delegated right$ of use and enjoyment are subject to suspension to the same extent as are the rights of owners. 2 .4 Minor Encroachments. Each lot and the Common Area is hereby declared to have an easement over all adjoining lots and the Common Area for the purpose of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of any structure, or any other similar cause, and any encroachment due to structure overhang or projection whether roof, eaves, or otherwise. There shall be valid easements for the maintienance of said encroachment so long as it shall exist, and the rights and obligations of owners shall not be altered in any way by said encroachment, settling, or shifting; provided, however, that in no event shall a valid easement for encroachment be created in favor of an owner if said encroachment occurred due to the willful act or acts of said owner. In the event a structure on any lot is partially or totally destroyed, and then repaired or rebuilt, the owners of said lot agree that minor encroachments over adjoining lots and the Common Area shall be permitted and that there shall be valid easements for the maintenance of said encroachments so long as they shall exist. 2 .5 Easements Granted by Association . The Association shall have the power to convey to any third party easements and rights-of-way in, on, over , or under the Common Area for purpose of installing, operating, or maintaining lines, cables, wires, conduits, or other devices for electricity, cable television, power, telephone Land other purposes, sewers, storm drains and pipes, water system, sprinkling systems, heating and gas lines or pipes and any similar public or quasi-public facilities, and each purchaser , in accepting a deed to a lot, expressly consents to such easements. However, no such easement can be granted if it would interfere with the use, occupancy, or enjoyment by any owner of his lot., any exclusive easements over the Common Area appurtenant to the lot, or the recreational facilities of the Development. 3 . USE RESTRICTIONS 3 .1 Residential Use. Lots shall be used for 85--1305505 -4- residential purposes only. Nothing in this Declaration shall prevent an owner from leasing or renting his lot. However, any such arrangement shall be in writing and any tenant shall abide by and be subject to all provisions of the Declaration, Articles, Bylaws, and Association Rules; any lease or rental agreement must specify that failure to abide by such provisions shall be a default under the lease or rental agreement. 3 .2 Commercial Use. Except as otherwise provided herein, no part of the Development shall be used or allowed to be used, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or other such non-residential purpose. 3 .3 Maintenance. Each owner of a lot shall be responsible for maintaining and repairing the interior portion of any structure located on his lot and any windows located in said structure. Be shall also be responsible for the maintenance, replacement, and repair of the plumbing and electrical systems servicing his lot and located within, or underneath, or above the outside perimeter of the exterior bearing wall of any said structure, and all appliances and equipment located therein. Each owner snail maintain, replace, and repair heating and air conditioning equipment servicing his lot wherever slid equipment may be located. Unless otherwise provided in this Declaration, each owner shall clean and maintain exclusive easements over the Common Area appurtenant to his lot. 3 .4 Offensive Conduct, Nuisances , No noxious or offensive activities, including but not limited to, repair of automobiles, boats, or other motorized vehicles, shall be carried on within the Development. No owner small install any television or radio antenna or other similar electronic receiving or broadcasting device without the prior written consent of the Board. No owner shall interfere with` the established drainage pattern over the Development unles's he makes an a3equate altarnative pravisian for proper drainage and such provision is approved by wrztteri consent of the Board. As used herein " established drainage pattern" is that pattern in existence at the time Declarant completes construction of the Development or such later grading changes as may be approved in writing by the Board. Nothing shall be done within the Development which may become a nuisance to its residents, or that in any way interferes with the quiet enjoyment of occupants of the lots. 3 .5 Parking Restrictions; Use of Garage. Unless otherwise permitted by the Board, no automobile small be 85-1305505 -5- parked or left on any property subject to this Declaration other than on or within a garage. Any garages or carports shall be used for parking vehicles only and shall not be converted for living or recreational activities. 3 .6 Signs. No signs of any kind shall be displayed to the public view on or from any lot or the Common Area without the approval of the Board. However, one sign of customary and reasonable dimensions advertising a lot for sale or for rent may be placed within each lot, the location and design of it to be subject to approval by the Board. 3 .7 Fences, Etc. No fences, awning, ornamental screen doors, sunshades, or walls of any nature shall be erected or maintained on or around any portion of any structure or elsewhere within the Development or elsewhere within the Development except those that are installed in accordance -with the original construction of the Development, and their replacements, or as are authorized and approved by the Board. 3 . 8 Animals. No animals, reptiles, rodents, birds, fish, livestock, or poultry shall be kept in any lot or elsewhere within the Development, except that domestic dogs, cats, fish, and birds inside cages may be kept as household pets within any lot so long as they are not kept, bred, or raised for commercial purposes. The Board can prohibit maintenance of any animal that constitutes a nuisance to any other owner in the sole and exclusive opinion of the Board. 3 .9 Restricted Use of Recreational Vehicles, Etc. No boat, truck, trailer, camper, recreational vehicle, or tent shall be used as a living area while located within the Development. 3 .10 Outside Drying and Laundering. No exterior clotheslines shzll be erected or maintained and there Mall be no exterior drying or laundering of clothes on balconies, porches, or other areas. 3 .11 Structural Alterations. No owner shall at his expense or otherwise make any alterations or modifications to the exterior portions of the buildings, fences, railings, or walls situated within the Development without the prior written consent of the Board. No owner shall install an additional air conditioning unit or replace an existing air conditioning unit without the prior written consent of the Board, which shall have the right to approve or disapprove the size, shape, noise level, and proposed location of such unit. 55-1305505 -s- 3 .12 Compliance with Laws, Etc. Nothing shall be done or kept in any lot or in the Common Area that might increase the rate of, or cause the cancellation of, the Development' s insurance without the Board' s prior written consent. No owner shall permit anything to be done or kept in his lot that violates any law, ordinance, statute, rule, or regulation of any local, county, State or Federal body. 3 .13 Owner ' s obligations for Taxes. To the extent allowed by law, all lots, including their pro rata undivided interest in the Common Area and the membership of an owner in the Association, shall be separately assessed and taxed so that all taxes, assessments, and charges which may become liens prior to first mortgages under local law shall relate only to the individual lots and not to the Development as a whole. Each owner shall be obligated to pay any taxes-.or assessments assessed by the county assessor against his lot and against his personal property. 3 .14 Enforcement. The failure of any owner to comply with any provision of the Declaration, the Articles, or Bylaws shall give rise to a cause of action in the Association and any aggrieved owner for the recovery of damages, injunctive relief, or both. 4. THE ASSOCIATION 4 .1 Formation. The Association is an. unincorporated association formed under the laws of the State of California. On the close and recording of the first sale to an owner, the Association shall be charged with the duties and invested powers set forth in the Articles, B_�rIaws, and Declaration, including, but not limited to, control and maintenance of the Common Area and any Common Area facilities. 4 .2 Association Action; Board of Directors a and Officers. Except as to matters requiring members' approval as set forth in the Declaration, Articles, or Bylaws, the Association ' s affairs shall he conducted by the Board and such officers as it may elect or appoint. Such election or appointment shall be in compliance with the Declaration or the Bylaws and their amendments. 4 .3 Powers and Duties of the Association. 4 .3 . 1 Powers. The Association shall have the power to do any lawful thing that may be authorized under the Declaration, Articles, or Bylaws and to do any act that. may 85-1311 V5505 -7- be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including, without limitation, the following: 4 .3 .1 .1 Assessments. The Association shall have the power to establish, fix, levy assessments against the owners of lots and to enforce payment of such assessments in accordance with the provisions of the Declaration. 4 .3 .1.2 Right of Enforcement. The Association in its own name and on its own behalf or on behalf of any owner who consents can commence and maintain an action for damages or to restrain or enjoin any actual or threatened breach of any provisions of the Declaration, Articles, or Bylaws, or of the Association Rules or any resolutions of the Board, and to enforce any of those provisions by mandatory injunction or otherwise. In addition, the Association, through its •Board of Directors can suspend the voting rights, can suspend use privileges of the Common Area, or can assess monetary penalties against any owner or other person entitled to exercise such rights or privileges for any violation of the Declaration, Articles, Bylaws, Association ' s Rules, or Board resolutions. ]however, any such suspension of use privileges cannot exceed a period of thirty (30) days for any one violation and cannot exceed twenty-five dollars ( $25 .00) for any one violation. No discipline may be imposed against an owner unless he is given fifteen (15) days' prior notice of the proposed discipline and the reasons therefor and he is given the opportunity to be heard (either orally or in writing) not less than five (5) days before the proposed discipline becomes effective. Such prior notice may be given by any method reasonably calculated to provide actual notice. Any notice given by mail must be given by first--class or registered mail sent to the owner, all according to the provisions of Section 17 .5 of the Declaration. No discipline shall be imposed against the owner urtless procedures for notice and hearing satisfying the minimum requirements of Corporations Code Sec-ion 7341 are followed with respect to the accused owner before a decision to impose discipline is reached. The Association is prohibited from causing a forfeiture or abridgement of an owner ' s right to the full use and enjoyment of his lot because of his failure to comply with the provisions of the Declaration, Bylaws, Articles, Association' s Rules, or resolutions of the Board except by court judgment, arbitration award, or on account of a foreclosure or sale under a power of sale for his failure to pay assessments duly levied by the Association. Any monetary penalty imposed by the Association as a disciplinary measure for failure of a 85-1305505 _8_ member to comply with provisions of the Declaration, Bylaws, Articles or said Rules or resolutions or as a means of reimbursing the Association for costs incurred in the repair of damage to the Common Area and facilities for which the member was allegedly responsible shall not give rise to a lien against the member' s lot and shall not be enforceable under Section 7 of the Declaration. Notwithstanding the foregoing, charges imposed against an owner consisting of reasonable late payments, penalties for loss of interest, and costs and attorney ' s fees reasonably incurred by the Association in its efforts to collect delinquent assessments shall give rise to lien rights under Section 7 of the Declaration. 4 . 3 . 1 .3 Delegation of Powers. The Associa€ion, acting by and through the Board, can delegate its powers, duties, and responsibilities (except with regard to impbsing discipline, ' levying fines, or holding hearings) to committees or employees, including a professional managing agent. Any agreement for professional management of the Development shall be terminable by either party with or without cause and without payment of a termination fee on thirty (30) days ' written notice. The term of any such agreement shall not exceed one (1) year, although it may be renewed by the Board from year to year. 4 .3 .1 . 4 Association Rules. The Association shall have the power to adopt , amend, repeal its rules as it deems reasonable. However, the Association rules shall not be inconsistent with or materially alter any other provisions of this Declaration, the Articles, or the Bylaws. A copy of the Association rules as adopted, amended or repealed, shall be mailed or otherwise delivered to each owner and a copy shall be posted in a conspicuous place within the Development. In case of conflict between the Association rules and any other provisions of phis Declaration, the Articles, or Bylaws, the provisions of the Association rules shall be deemed superseded by the provisions of this Declaration, the Articles or the Bylaws to the extent of any such inconsistency. 4 .3 . 2 Duties of the Association. In addition to the powers delegated to it by its Articles or the Bylaws, and without limiting their generality, the Association, acting by and through the Board, or persons or entities described in Section 4 .3 . 1 .3 , has the obligation to conduct all business affairs of common interest to all owners and to perform each of the following duties: 85-�9�5545 -9- 4 . 3 .2 . 1 Operation and Maintenance of Common Area. To operate, maintain, and otherwise manage or provide for the operation, maintenance, ane. management of the Common Area, and all its facilities, improvements, and landscaping, including private driveways, and any other property acquired by the Association, including personal property, in a first-class condition and in a good state of repair. in this connection the Association may enter into contracts for services or materials for the benefit of the Association or the Common Area, including contracts with Declarant. The duration and term of all such contracts shall comply with Article VIII, Section 16 of the Bylaws. 4 .3 .2. 2 Taxes and Assessments. To pay all real and personal property taxes and assessments and all other taxes levied against the Common Area, personal property owned by the Association, or against the Association. 4 .3 .2.3 t;ater and Utilities. To acquire, provide and pay for water, sewer, garbage disposal, refuse and rubbish collection, electrical, . telephone, gas and other necessary utility services for the Common Area and for improvements upon lots when the owners are not separately billed. The term of any contract to supply any of the listed services shall not exceed one (1) year or, if the supplier is a regulated public utility, the shortest term for which the supplier wil! contract at the applicable regulated rate. 4 .3 .2 .4 Insurance. To obtain from reputable insurance companies and maintain the insurance described in Section 8 . 4 . 3 .2.5 Enforcement of Restrictions and Rules. To perform such other acts, whether or not expressly authorized by this Declaration, that may be reasonably necessary to enforce any of the provisions of this Declaration, :the Articles, Bylaws, and the Association' s rules and Board resolutions. 4 . 3 . 3 Limitations on Authority of Board. Except with the vote or written assent of (1) a majority of the total voting power of the membership and (2) a majority of members other than Declarant, the Board shall not take any of the following actions : 4 .3 . 3 . 1 Incur aggregate expenditures for capital improvements to the Common Area in any fiscal year in excess of five percent (5%) of the budgeted gross expenses of the Association for that fiscal year; or -lo- 4 .3 .3 .2 Sell during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year; or 4 .3 .3 . 3 Fay compensation to members of the Board or to officers of the Association for services performed in the conduct of the Association's business. However, the Board may cause a member of the Board or an officer to be reimbursed for expenses incurred in carrying on the business of the Association. 4 .4 Regular Meeting and Notice. An orgarnizaEional meeting shall be held as soon as practicable of ter cref tion of the Association, and the Directors elected then shall hold office until the first annual meeting. M1 offices of the Board of ,Directors shall be filled at the organizational meeting. The first annual meeting of members of the Association shall be held within forty-five (45) days after the closing of the sale of the lot that represents the fifty-first (51st) pe_centile interest autherized for sale by the California Commissioner of Paal Estate under the first Public Report for the Development, but in no case later than six (6) months after the closing and recording of the sale of the first lot within the Development. Thereafter, regular meetings of members of the Association shall be held at least once in each calendar year at a time and place as prescribed in the Bylaws. 4 .5 Special Meetings . Special meetings may be called as provided for in the Bylaws. Written notice of all members ' meetings, regular or special, shall be given by regular mail, personal delivery, or telegram to all owners artd to any mortgagee who has requested in writing that such notice be sen- to it and, except in emergency situations, shall be given not less than ten (10) days nor more `-than sixty (60) days before the time of the meeting and shal-F set forth the place, date, and hour of the meeting, and the nature of the business to be undertaken. Any mortgagee, through its designated representative, shall be entitled to attend any such meeting but shall not be entitled to vote at the meeting. All such meetings shall be held within the Development or at a place as close thereto as Possible. The presence at any meeting, in person or by proxy? ci members entitled to cast at least fifty percent (50%) of the total votes of all members of the Assoclation shall cnnstitute a quorum. I` any meeting cannot be held because a quorum is not present, members representing a majority of the votes present, Either in person or by proxy, may adjourn the meeting to a time not less than five (5) days nor more than thirty (30) days from the date that the original meeting was called, at which adjourned meeting the quorum requirement shall be at least twenty-five percent (25%) of the total votes. Any meeting of members at which a quorum is present may be adjourned for any reason to a time not less than five (5) days nor more than thirty (30) days from the time of such meeting by members representing a majority of the votes present in person or by proxy. If a time and place for the adjourned meeting is not fixed by those in attendance at the original meeting or if for any reason a new date is fixed for the adjourned meeting after adjournment, notice of the time and place of the adjourned meeting shall be given to members in the manner prescribed for regular meetings. -- 4 .6 Financial Statements of the Association. The Association shall prepare and distribute to all members` and to any mortgagee requesting the financial data as specified herein, regardless of the number of its members or the amount of its assets. 4 .6 .1 A budget for each fiscal year including, but not limited to, the following information shall be distributed not less than forty-five (45) days before the beginning of each fiscal year: (a) estimated revenue and expenses on an accrual basis; (b) the amount of the Association ' s total cash reserves currently available for replacement or major repair of common facilities and for contingencies; (c) an itemized estimate of the remaining life of major components of the Common Areas and facilities for which the Association is responsible and a summary of the proposed funding methods to effect repairs, replacement, or additions to same; (d) a general statement setting forth the Association' s procedures used to calculate and establish reserves to effect repairs, replacement, or additions to major components o; the Common Areas and facilities for which the Association is responsible. Ir el 4 . 6 . 2 A balance sheet as of an accounting date which is the last day of the month closest in time to six (6) mcnths from the date of closing of the first sale of an interest in the Development and an operating statement for the period from the date of the first closing to the said accounting date shall be distributed within sixty (60) clays after the accounting date. Said operating statement shall include a schedule of assess.ments received and receivable identified by the number of the lot and the name of the member assessed. 4 . 6 . 3 P.n annual report containing the following --12- 85--IU05505 information shall be distributed within one hundred twenty (120) days after the close of the fiscal year: (a) a balance sheet as of the end of the fiscal year; (b) an operating (income) statement for the fiscal year; (c) a statement of changes in financial position for the fiscal year. For any fiscal year in which the Association' s gross income exceeds $75 ,000, a licensee of the California State Board of Accountancy shall prepare a review of the annual report in accordance with generally accepted accounting principles. Said review shall be distributed with the report. When the annual report is not so prepared, it shall be accompanied by an authorized Association Officer ' s certificate that it was prepared from the Association's books and records without independent audit or review. 4 .6 .4 A statement of the Association' s policies and practices in., enforcing its remedies against members for defaults in payment of regular and special assessments, including the recording of liens against lots, shall be distributed within sixty (60) days before the beginning of each fiscal year. 4 .7 Inspection of Association Books and Records. 4 .7 .1 Any membership register, books of account and minutes of meetings of members, the Board, and committees of the Board of the Association shall be made available for inspection and copying by any member of the Association or his duly appointed representative, or any mortgagee, at any reasonable time and for the purpose reasonably related to his interest as a member, at the office of the Association or at such other place within the Development as the Board prescribes. 4 .7 . 2 The Board shall establish by resolution reasonable rules with respect to: } 4 .7 . 2 .1 Notice to be given to the custodian of the records of the Association by the member, representative, or mortgagee desiring to make an inspection. 4 .7 . 2 .2 Fours and days of the week when the inspection may be made. 4 . 7 . 2 .3 Payment of the cost of reproducing copies of documents requested by a member or by a representative or mortgagee. 4 .7 .3 Every Director of the Association shall have 85+ O U 05 � -13- the absolute right at any reasonable time to inspect all books, records, and documents of the Association and the physical properties owned or controlled by the Association. The right of inspection by a Director includes the right to make extracts and copies of documents. 5. MEMBERSHIP AND VOTING RIGHTS 5 . 1 Membership 5 .1 .1 Qualification. Each owner of a lot, including Declarant, shall be a member of the Association and shall hold one membership interest in the Association ' for each lot owned. Ownership of a lot or interest .in it shall be the sole qualification for membership in " the Association. Each owner shall remain a member of . the Association until his ownership interest in all lots in the Development .ceases, at which time his membership in the Association shall automatically cease. 5 .1 .2 Members ' Rights and Duties. Each member shall have the- rights, duties, and obligations set forth in this Declaration, the Articles, Bylaws, and the Association rules and all their amendments. 5.1 .3 Transfer of Membership. The Association membership of each person or entity who owns, or owns an interest in, one or more lots shall be appurtenant to each such lot, and shall not be assigned, transferred, pledged, hypothecated, conveyed, or alienated in any way except on a transfer of title to each such lot or interest in it and then only to the transferee. Any attempt to make a prohibited transfer shall be void. Any transfer of title to a lot or interest in it shall operate automatically to transfer the appurtenant membership rights in the Association to the new owner. 5 .2 Voting. 5.2 .1 - Number of Votes. Each member shall be entitled to one (1) vote for each lot in which such member owns an interest. However, when more than one member owns an interest in a lot, the vote shall be exercised as they themselves determine, but in no case shall more than one (1) vote be cast with respect to any one lot. 5 .2 .2 Joint Owner Votes. The voting rights for each lot may not be cast on a fractional basis. if the joint owners of a lot are unable to agree among themselves as to how their voting rights shall be cast, they shall 85-1J r, -14- forfeit the vote on the matter in question. If any owner exercises the voting rights for a particular lot, it will be exclusively presumed for all purposes that he was acting with the authority and consent of all other owners of the same lot. If more than one (1) person or entity exercises the voting rights for a particular lot, their votes shall not be counted and shall be deemed void. 5 .2 .3 Cumulative Voting. Election to and from the Board shall. be by cumulative voting, and such voting shall be by secret written ballot. If more than two (2) positions on the Board are to be filled, each member shall be entitled to cumulate his votes, in person or by proxy, for one or more candidates for the Board, if the candidate' s name has been placed in nomination before voting and if the member has given notice at the meeting before voting of his intention to cumulate votes. If any one member has given such notice, -then all members will be entitled to cumulate their votes 'for candidates. The candidate receiving the highest number of votes up to the number of Board members to be elected shall be deemed elected. Unless the entire Board is removed from office by vote of the members, a Director shall not be removed before his term expires if the number of votes cast against removal would be sufficient to elect said Director if voted cumulatively at an election at which the same total number of votes were cast and the entire number of Directors authorized at the time of the most recent election of the Board were then being elected. A Director who has been elected to office solely by votes of members other than Declarant may be removed from office prior to the expiration of his term only by the vote of at least a simple majority of the voting power residing in members other than Declarant. 5.2 . 4 Special Election Procedure. From the first election of the Board of Directors and thereafter for so long as Declarant holds a majority of the Association' s voting power, Declarant shall be allowed to vote for al]e: but one of the three offices of the Board of Directors, to insure the election of twenty percent (20%) of the Board merizbers by the owners other than Declarant. This procedure shall be limited to the election of only one Board member and subject to all other provisions of this Declaration. 6 . ASSESSMENTS 6 .1 Agreement to Pay, The Declarant, for each lot owned by the Declarant that is expressly made subject to assessment as set forth in this Declaration, and each purchaser of a lot by his acceptance of a deed agrees, for 85-?��U,9 -15- each lot owned, to pay to the Association regular assessments and special assessments, such assessments to be established, made, and collected as provided herein. 6 .2 Personal Obligation. Each assessment or installment, interest, collection costs, and reasonable attorneys fees, shall be the personal obligation of the person or entity who was an owner at the time such assessment, or installment, became due and payable. If more than one person or entity was the owner of a lot, the personal obligation to pay such assessment, or installment, respecting such lot shall be both joint and several. The personal obligation for delinquent assessments, or delinquent installments, and other such slims, shall not -pass to an owner ' s successors in interest unless exprerssly assumed by them. No owner of a lot may exempt himself from payment of assessments, or installments, by waiver of: the use or enjoyment of all or any portion of the Common Area or by waiver of the use and enjoyment of , or by abandonment of, his lot. 6 .3 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the members of the Association, the improvement, replacement, repair, operation and maintenance of the Common Area and the performance of the duties of the Association as set forth in this Declaration. 6.4 .1 Regular Assessments. At least sixty (60) days before the beginning of each fiscal year the Board shall estimate the total amount of funds necessary to defray the common expenses of the Association for the next fiscal year. If the amount is approved by a majority vote of the Board, without a vote of the members of the Association, the estimate shall become the regular assessment for such year. However, the Board may not increase the amount of regarlar assessment for any fiscal year of the Association by more than twenty percent (20%) above the amount of the prior year ' s regular assessment (except the first such year if it should be less than twelve (12) months) without approval by vote or written consent of (1) a majority of the total voting power of the membership and (2) a majority of members Other than Declarant. The assessments shall be uniform and shall be determined as provided in Section 6 .5. The regular assessments shall be payable in regular installments as provided in this Declaration and shall include adequate reserve funds for contingencies, and for maintenance, repairs, and replacement of the common Area improvements that must be replaced on a periodic basis sufficient to 85-�.3ki --16- satisfy the requirements of any mortgagee. 6.4 .2 Special Assessments. If the Board determines that the estimated total, amount of funds necessary to defray the common expenses of the Association for a given fiscal year is or will become inadequate to meet expenses for any reason (including, but not limited to, unanticipated delinquencies, costs of construction, unexpected repairs or replacements of capital improvements on the Common -Area) :the Board shall determine the approximate amount necessary to defray such expenses, and if the amount is approved by a majority vote of the Board it shall become a special assessment. The Board may, in its discretion, prorate such special assessment over the remaining months of the fiscal year or levy the assessment immediately against each to L-. 6 .4 .3 Limitation Respecting Special Assessments. Any special assessment in excess of five percent (5%) of the budgeted gross expense of the Association for the fiscal year in which a special assessment is levied shall require approval by vote or the written consent of (1) a majority of the total voting power of the membership and (2) a majority of members other than Declarant except in case of a special assessment against an owner as a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the member or his lot into compliance with the provisions of this Declaration. 6 .5 Uniform Rate of Assessment. Except as herein stated, regular and special assessments must be fixed on an equal basis and at a uniform rate for all lots and shall be determined by dividing the amount by the total number of residential lots within the Development and subjected to assessments. Notwithstanding the foregoing, a special assessment against owners to raise funds for the rebuilding or major repair of the structural Common Area housing lots of the Development shall be levied upon the basis of ..the ratio of , the square footage of the floor area of e the residential dwelling of the lot to be assessed to the total square footage of floor area of all the residential dwellings on lots to be assessed. The limitations herein shall not apply in the case where the special assessment against an owner is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing the owner and his lot into compliance with provisions of the Declaration and Bylaws. 6 . 6 Assessment Period. The regular assessment period shall commence on January 1 of Each year and shall terminate on December 31 of each year, and regular 85-15505 -17- r assessments shall be payable in equal monthly installments unless the Board adopts some: other basis for collection. However, the initial regular assessment period for all lots, including those owned by Declarant, shall commence on the first day of the calendar month following the date on which the sale of the first lot to a purchaser is closed and recorded (the "initiation date") and shall terminate on December 31 of the year in which the initial sale is closed and recorded. The first regular assessment and all special assessments shall be adjusted according to the number of months remaining in the fiscal year and shall be payable in equal monthly installments unless the Board adopts some other basis for collection. 6.7 Notice and Assessment Installment Due Dates- A single ten (10) day written prior notice of each anni ual regular assessment and each special assessment shall- be given to each. owner of every lot subject to assessment in which the due' dates for the payment of installments shall be specified. The due dates for the payment of installments normally shall be the first day of each month unless some other due date is established by the Board. Each installment of regular assessments and special assessments shall become delinquent if not paid within fifteen (15) days after its due date. 7. COLLECTION OF ASSESSMENTS; LIENS 7 .1 Right to Enforce. The right to collect and enforce assessments is vested in the Board acting by and on behalf of the Association. The Board or its authorized representative, including any manager, can enforce the obligations of the owners to pay assessments provided for in this Declaration by commencement and maintenance of a suit at law or in equity, or the Board may foreclose by judicial proceedings or through the exercise of the power of sale pursuant to Section 7 .2 to enforce the lien rights created. Suit to recover a money judgment for unpaid assessments together with all other amounts described in Section 6.2 shall be maintainable without foreclosing or waiving the lien rights. 7 .2 Creation of Lien. if there is a delinquency in the payment of any assessment, or installment on a lot, as described in Section 6.7 , any amounts that are delinquent together with interest at the rate of ten percent (10€) per annum, and all costs that are incurred by the Board or its authorized representative in the collection of the amounts, including reasonable attorney ' s fees, shall be a lien against such lot on the recordation in the office of the 85-13 U5505 -1 s- county recorder where the Development is located a notice of assessment. The notice of assessment shall not be recorded unless and until the Board or its authorized representative has delivered to the delinquent owner or owners of such lot, not less than fifteen (15) days before " recordation of the notice of assessment, a written notice of default and a demand for payment, and unless such delinquency has not been cured within fifteen (15) days after delivery of notice. The lien shall expire and be void unless, within one (1) year after recordation of the notice of assessment, the Board or its authorized representative records a notice of default as provided in this Declaration or institutes foreclosure proceedings. 7 .3 Notice of Default; Foreclosure. Not more than one (1) year nor less than ten (10) days after the recording of the notice of assessment, the Board or its author�i.zed representative can record a notice of default and can cause the lot to be' sold in the same manner as a sale is conducted under California Civil Code Sections 2924b-2924c, or through judicial foreclosure. However, as a condition precedent to the holding of any such sale under Section 2924c, appropriate publication shall be made. in connection with any sale under Section 2924c, the Board is authorized to appoint its attorney, any officer or Di :ector, or any title insurance company authorized to do business in California as trustee for purposes of conducting the sale. If a delinquency is cured before sale, or before completing a judicial foreclosure, the Board or its authorized representative shall cause to be recorded in the office of the county recorder where the Development is located a certificate setting forth the satisfaction of such claim and ,release of such lien on payment of actual expenses incurred, including reasonable attorney' s fees not to Exceed one Hundred Fifty Dollars ($150 .00) by any delinquent owner . on becoming delinquent in the payment of any assessments or installments, each delinquent owner shad be deemed to have absolutely assigned all rent, issues, and profits of hiselot to the Association and shall further be deemed to have consented to the appointment of a receiver (which appointment may, at the election of the Association, be enforced by the Association through specific performance) . The Association, acting on behalf of the owner , shall have the power to bid in the lot at a foreclosure sale and to acquire, hold, lease, mortgage anc convey the lot. 7 .4 Waiver of Exemptions. Each owner, to the extent permitted by law, waives, to the extent of any liens created pursuant to Section 7, the benefit of any homestead or exemption law of California in effect at the time any 85--13LOF5505 -19- assessment, or installment becomes delinquent or any lien is imposed. S. INSURANCE B .l Liability Insurance. The Association shall obtain and maintain comprehensive public liability insurance insuring the Association, any manager, the Declarant, and the owners and occupants of lots, and their respective family members, guests, invitees, and the agents and employees of each, against any liability incident to the ownership or use of the Common Area and including, if obtainable, a crossliability or severability of interest endorsement insuring each insured against liability to'_each other insured. The limits of such insurance shall not be less than $1,000,000 .00 covering all claims of death, personal injury and property damage out of 'a single occurrence. :Such insurance shall include coverage against any liability or risk customarily covered with respect to projects similar in construction, location, and use. 8 .2 Fire and Extended Coverage Insurance. The Association also shall obtain and maintain a master or blanket policy of fire insurance for the full insurable value of all of the improvements within the Development. The form, content, and term of the policy and its endorsements and the issuing company must be satisfactory to all institutional mortgagees. If more than one institutional mortgagee has a loan of record against the Development, or any part of it, the policy and endorsement shall meet the maximum standard of the various institutional mortgagees represented in the Development. The policy shall contain an agreed amount endorsement or a contingent liability from operation of building laws endorsement or their equivalent, an extended coverage endorsement, vandalism, malicious mischief coverage, a special form endorsement and a determinable cash adjustment clause ;$r a similar clause to permit cash settlement covering full value of the improvements in case of partial destruction and a decision not to rebuild. The policy shall be in the amounts as shall be determined by the Board. The policy shall name as insured the Association, the owners, and Declarant, as long as Declarant is the owner of any lot, and all institutional mortgagees as their respective interests may appear, and may contain a loss payable endorsement in favor of the trustee described in this Declaration. 8 . 3 Owner ' s Insurance . An owner may carry whatever personal liability and property damage liability insurance with respect to his lot that he desires. However, any such -20- policy shall include a waiver of subrogation clause acceptable to the Board and to any mortgagee. 9 . DESTRUCTION OF IMPROVEMENTS. 9.1 Destruction; Proceeds Over 85% . If there is a total or partial destruction of the improvements in the Development, and if the available proceeds of the insurance carried pursuant to Section 8 are sufficient to cover not less than eighty-five percent (85%) of the costs of repair and reconstruction, the improvements shall be promptly rebuilt unless, within ninety (90) days from the date of destruction, members then holding at least seventy-five percent (75%) of the total voting power of members present and entitled to vote, in person or by proxy, at a -duly constituted meeting shall determine that such repair and reconstruction shall not take place. if repair ;= and reconstruction is to take place, the Board shall be required to execute, ' acknowledge and record in the office of the: ccunty recorder where the Development is located, not later than one hundred twenty (120) days from the date of such destruction, a certificate declaring the intention of the members to rebuild. 9.2 Destruction; Proceeds Less Than 85% . If the proceeds of the insurance are less than eighty--five percent (85%) of the costs of repair and reconstruction, repair and reconstruction may nevertheless take place if, within ninety ( 90) days from the date of destruction, members then holding at ?east fifty-one percent (51€) of the total voting poker of ;members present and entitled to vote, in person or by proxy, at a duly constituted meeting, determine that such repair and reconstruction shall take place . If repair and reconstruction are to take place, the Board shaII be required to execute, acknowledge and record in the office of recorder where the Development is located, not later than one hundred twenty (120) deys f rom the date of such destruction, a certificate declaring the intentiA of t'he members to rebuild. 9 .3 Rebuilding Procedures. if the members determine to rebuild, pursuant to paragraphs 9 .1 or 9 .2, the owner of each lot located within a structure that has been totally or partially destroyed shall be obligated to contribute his proportionate share of the cost of reconstruction or restoration of the structure containing his lot, over and above the available insurance proceeds. All owners shall contribute their proportionate share of the cost of reconstruction and restoration of any portion of the Common Area not comprising the structure within which a lot �5-lUU5505 -21- is located, and the proportionate share of each owner shall be equal to a fraction, the numerator of which is one (1) and the denominator of which is the number of lots then comprising that part of the Development. if any owner fails or refuses to pay his proportionate share, the Board may levy a special assessment against the lot of such owner which may be enforced under the lien provisions contained in Section 7 or in any other manner provided in this Declaration. If any owner disputes the amount of his proportionate liability under this section, such owner may contest the amount of liability by submitting to the Board within ten (10) days after notice to the owner of his share of the liability written objections supported by cost estimates or other information that the owner deems to be material and may request a hearing before the Board where he may be represented by counsel. Following such hearing, the board shall give written notice of its decision to; all owners. If . such adjustments are recommended, the notice shall schedule a special meeting of members for the purpose of acting on the Board' s recommendation, including making further adjustments, if deemed by the members to be necessary or appropriate. All adjustments shall be affirmed or modified by a majority of the total voting power of members. If no adjustments are recommended by the Board, the decision of the Board shall be final and binding on all owners, including any owner filing objections. 9 .4 Rebuilding Contract. if the members determine to rebuild, the Board or its authorized representative shall obtain bids from at least three reputable contractors and shall award the repair and reconstruction work to the lowest bidder. The Board shall have the authority to enter into a written contract with the contractor for such repair and reconstruction, and the insurance proceeds held by the trustee shall be disbursed to the contractor according to the terms of the agreement. It shall be the obligation of the Board to take all steps necessary to assure " the commencement and completion of authorized repair t and reconstruction at the earliest possible date. 9 . 5 Rebuilding Not Authorized. If the members determine not to rebuild, any insurance proceeds then available for such rebuilding shall be distributed to the owner of Each lot, excluding the Common Area, and their respective mortcacees proportionately according to the respective fair market values of the lots at the time of destruction as determined by an independent appraisal in accordance with the procedure specified in section 10 .5 herein. The Board shall have the duty within one hundred and twenty (120) days from the date of such destruction, to 85- U5505 -22- execute, acknowledge and record in the Office of the county recorder where the Development is located, a certificate declaring the intention of the members not to rebuild. '9.5 Minor Repair and Reconstruction. In any case, the Board shall have the duty to repair and reconstruct improvements, without the consent of members and irrespective of the amount of available insurance proceeds, in all cases of partial destruction when the estimated cost of repair and reconstruction does not exceed twenty thousand dollars ($20 ,000) . The Board is expressly empowered to levy a special assessment for the cost of repair and reconstruction of improvements to the extent insurance proceeds are unavailable, such assessment to be levied as described in Section 9 .3 (but without the consent or approval of members despite any contrary provisions) in this Declaration. i 9 .7 'Revival of Right to Partition. On recordation of a certificate described in Section 9 .5, the right of any owner to partition through legal action as described in Section 11 shall revive immediately. 10 . CONDEMNATION. 10 .1 Sale by Unanimous Consent. if an action for condemnation of all or a portion of the Development is proposed or threatened by any governmental agency having the right of eminent domain, then, on unanimous written consent of all of the owners and after written notice to all mortgagees, the Development or a portion of it may be sold. 10.2 Distribution of Proceeds of Sale. On a sale occurring under Section 10 .1, the proceeds shall be distributed to the owner and the mortgagees of each lot as their respective interests may appear according to the unanimous consent of the owners affected or, if said content is not forthcoming, according to the relative values oR� the affected lots as determined by Section 10 .5 herein. 10 . 3 Distribution of Condemnation Award. If the Development, or a portion of it, is not sold but is instead taken, the judgment of condemnation shall by its terms apportion the award among the owners and their respective mortgagees, according to the relative values of the lots affected by the condemnation as determined by Section 10.5 herein. 10 . 4 Revival of Right to Partition. On sale or on taking that renders more than fifty percent ( 50€) of the 85-1305545 -23- lots in the Development uninhabitable, the right of any owner to partition through legal action shall revive immediately. 10.5 Procedure for Independent Appraisal. The Board shall obtain an independent appraisal of the affected lots lots by selecting two appraiser who shall select a third appraiser. In the event the two appraisers selected shall fail, within 10 days after their selection, to agree upon the third, then the Presiding Judge of the Superior Court of the county in which the Development is located shall, upon the Board' s request, appoint within ten (10) days after such request, a third appraiser. The appraisers so selected or appointed shall promptly proceed to determine the fair market value of the affected lots; any valuation agreed upon by a majority of such ' appraisers shall be accepted as final and conclusive by the Association and by any court of, competent jurisdiction and shall ipso facto become the fair market value of the lots. All appraiser shall be members of the American Institute of Real Estate Appraisers. 11 . PP.RTITION. 11 .1 Suspension. The right of partition is suspended as to the Development. Additionally, partition of the Development can be had on a showing that the conditions for partition as stated in Section 9 .7 or Section 10 .4 have been met. Nothing in this Declaration shall prevent partition or division of interest between joint or common owners of one (1) lot. Proceeds or property resulting from partition shall be distributed to and among the respective owners and their mortgagees as their interests appear according to the ratio created by comparing the fair market value of one lot with the fair market value of all lots immediately prior to destruction or condemnation as determined according to Section 10.5 herein. r t' 11 .2 Power of Attorney. Pursuant to California Civil Code section 1355 (b) (9) , each owner grants the Association an irrevocable power of attorney to sell the Development for the benefit of the owners when partition can be had. Exercise of the power is subject to the approval of the members. 12 . NONSEGiRABILITY OF INTERESTS 12 .1 Prohibition against Severability. An owner shall not be entitled to sever his lot from his membership in the Association by reason of sale, conveyance, -24- 85-10OK05 i hypothecation, or otherwise. Any violation or attempted violation of this provision shall be void. Similarly, no owner can sever any exclusive easement appurtenant to his lot over the Common Area from his lot, and any attempt to do so shall be void. 13 . TERM OF DECLARATION. This Declaration shall run with the land, and shall continue in full force and effect foe a period of fifty (50) years from the date on which this Declaration is executed. After that time this Declaration and all covenants, conditions, restriction and other provisions shall be automatically extended for successive periods of ten"' (10) years each, unless extinguished by a written instrument executed by at least seventy-five percent (75%) of . the owners of the residential lots and recorded in the office of the county recorder where the Development is located within one (1) year "prior to the expiration of said fifty ( 50) year period or the expiration of said ten (10) year period as the case may be. 14 . PROTECTION OF MORTGAGEES. 14 .1 Mortgage Permitted. Any owner may encumber his lot with a mortgage. 14. 2 Subordination. Any lien created or claimed under the provisions of this Declaration is expressly made subject and subordinate to the rights of any first mortgage that encumbers all or a portion of the Development, or any lot, made in good faith and for value, and no such lien shall in any way defeat, invalidate, or impair the obligation or priority of such mortgage unless the mortgagee subordinates his interest, in writing, to such lien. 14 .3 Amendment. No amendment to this Declaration, the Articles, or the Bylaws shall affect the rights of any mortgagee under any mortgage made in good faith and for value and recorded before the recordation of any such amendment unless the mortgagee either joins in the execution of the amendment or approves it in writing as a part of such amendment. 14 . 4 Foreclosure. If any lot is encumbered by a first mortgage made in good faith and for value, the foreclosure of any lien created by any provision set forth in this Declaration for assessments, or installments of assessments shall not operate to affect or impair the lien of the mortgage. On foreclosure of the mortgage, the lien 55-- tj5505 -25- of assessments or of installments that have been accrued up to the time of foreclosure shall be subordinate to the lien of the mortgage, with the foreclosure purchaser taking title to the lot free of the lien. on taking title to the lot the foreclosure purchaser shall only be obligated to pay the assessments or other charges levied or assessed by the Association after the foreclosure purchaser acquired title to the lot. The term "foreclosure" as used herein shall included the exercise of a power of sale involving a default under said mortgage. 14 .5 Restriction on Certain Changes. Except as may be provided by statute in case of condemnation or substantial loss to the lots or Common Area, unless at least two-thirds (2/3) of the first mortgagees (based upon_one vote for each first mortgage owned ) , or owners other than Declarant of the individual lots have given their prior written approval, the Association shall not be entitled: 14 .5 .1 By act or omission to seek to abandon or terminate the project; 14 .5 .2 To change the pro rata interest or obligations of any individual lot for the purpose of (a) levying assessments or charges or allocating distributions of hazard insurance proceeds or condemnation awards, or (b) determining the pro rats share of ownership of each lot in the Common Area; • 14 .5 .3 To partition or subdivide any lot; 14 .5 . 4 By act or omission to seek abandon, partition, subdivide, encumber, sell, or transfer the Common Area. The granting of easements for public utilities or for other public purpose consistent with the intended use of Common Area by the Association or the owner shall not be deemed a transfer Within the meaning of this clause; r 14 . 5 . 5 To use hazard insurance proceeds for losses to lots or the Common Area for other than the repair, replacement, or reconstruction of such property, except as provided by the statute in case of substantial loss to the lots or Common Area. 14 . 6 Right to Examine Books and Records. First mortgagees can examine the books and records of the Association or the Development and can require the submission of financial data concerning the Association or the Development, including annual audit reports and operating statement as furnished to the owners. 85-1-305505 -26- 14 .7 Distribution of Insurance and Condemnation Proceeds. No lot owner, or any other party, shall have priority over any right of first mortgagees of any lots pursuant to their mortgages in case of a distribution to lot owners of insurance proceeds or condemnation awards for losses to or a taking of lots or Common Area. Any provision to the contrary in this Declaration, the Bylaws, or other documents relating to the Development is to such extent void. All applicable fire and all physical loss or extended coverage insurance policies (except those relating to personal property owned by lot owners) shall contain loss payable clauses acceptable to the affected mortgagees naming the mortgagees, as their interests may appear. 14 . 8 Notices to Mortgagees of Record. On any loss to any lot covered by a mortgage, if such loss exceeds $1,000, or •ors any loss to the Common Area, if such bass exceeds $10 ,000, or on the taking of the Common Area, notice in writing of such loss or taking shall be given to each mortgagee of reco:d. If any owner of a lot is in default under any provision of this Declaration, the Bylaws, or the Association 's rules and regulations, which default is not cured within thirty (30) days after written notice to such owner, the Association shall give to the mortgagee of record of such owner written notice of such default and of the fact that said thirty (30) day period has expired. 14 .9 Effect of Breach. No breach of any provisions Of this Declaration shall invalidate the lien of any mortgage in good faith and for value; this Declaration shall be binding on any owner whose title is derived through foreclosure sale, trustee' s sale, or otherwise. 14 .10 Non-Curable Breach. Any mortgagee who acquires title to a lot by foreclosure shall not be obligated to cure any breach of this Declaration that is non-curable or of a type that is not practicable or feasible to cure. 14 .11 Loan to Facilitate. Any mortgage given to secure a loan to facilitate the resale of a lot after acquisition by foreclosure shall be deemed to be a loan made in good faith and for value and entitled to all of the rights and protections of Section 14 . 14 . 12 Appearance at Meetings. Because of its financial interest in the Development, any mortgagee ray appear at meetings of the members and the Board to draw attention to violations of this Declaration that have not 85-1303505 -27- been corrected or made the subject of remedial proceedings or assessments. 15. CONTRACTS LYITH DECLARANT Any agreement between the Association and Declarant pursuant to which Declarant agrees to provide services shall provide for termination by either party without cause or payment of a termination fee on thirty (30) days' written notice and shall have a maximum contract term of one (1) year, provided that the Board can renew any such contract on a year--to-year basic. 16 AMENDMENTS 16 .1 Amendment Before Close of First Sale. Before the close of the first sale in the Development to a purchaser other than Declarant, this Declaration and any amendments to it may be amended in any respect or revoked by the execution by Declarant and any mortgagee of record of an instrument revoking the Declaration. The amending or revoking instrument shall make appropriate reference to this Declaration and its amendments and shall be acknowledged and recorded in the office of the county recorder where the Development is located. 16 .2 Amendment After Close of First Sale. After the close of the first sale of a lot in the Development to a purchaser other than Declarant, this Declaration may be amended or revoked in any respect by the vote or written consent of the holders of not less than seventy-five percent (75%) of the total voting power of the Association and sixty--seven percent (67%) of the voting power of members other than Declarant. If any provision of this Declaration requires a greater or lesser percentage of the voting rights of members in order to take affirmative or negative action under such provision, the same percentage of such members shall be required to amend or revoke such provision. a- Any amendment or revocation subseouent to the close of such first sale shall be evidenced by an instrument certified by the Secretary or other duly-authorized officer of the Association and shall rake appropriate reference to this Declaration and its amendments shall be acknowledged and recorded in the office of the county recorder where the Development is located. 17 . GENERAL PROVISIONS 17 .1 Headings. The headings used in this Declaration are for convenience only and are not to be used 85-13�Lv�5 -28- to interpret the meaning of its provision. 17 .2 Severability. The provision of this Declaration shall be deemed independent and severable, and the invalidity or unenforceability of any provisions shall not invalidate any other provisions. 17 .3 Cumulative Remedies. Each remedy provided for in this Declaration shall be cumulative and not exclusive. Failure to exercise any remedy provided for in this Declaration shall not, under any circumstances, be construed as a waiver thereof. 17 . 4 Violations as Nuisance. Every act or omission in violation of the provisions of this Declaration shall constitute a nuisance and may be enjoined or abated whether or not the relief sought is negative or affirmative ac-tion by Declarant, - the Association, or any owners. 1 17 .5 Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Association for the purpose of service of such notice, or to the lot of such person if no address has been given to the Association. Such address may be changed from time to time by notice in writing to the Association. 17 .6 Number, Gender. The singular shall include the plural and the plural the singular unless the context requires the contrary, and the masculine, feminine, and the neuter, shall include masculine, feminine, or neuter as the context requires. 17 .7 Easements Reserved and Granted. Any e a s ent referred to this Declaration shall be deemed reserve or granted, or both reserved and granted, by reference to this Declaration in a deed to any lot. 17 . 8 Binding Effect. This Declaration shall inure to the benefit of and be binding on the successors and assigns o` the Declarant, and the heirs, personal representa4ives, grantees, tenants, successors, and assigns of the owners . 17 . 9 Attorney 's Fees. If any owner defaults in making a payrient of assessments or in the performance of any JI 1• provision in this Declaration, and the Association has obtained the services of any attorney with respect to the defaults involved, the owner covenants and agrees to pay the Association all costs regardless of whether legal proceedings are instituted. in case a suit is instituted the owner shall also pay the cost of the suit, in addition to such costs and fees. 18. PARTY WALLS 18.1 General Rules of Law to Apply. Each wall which is built as a part of the original construction 'on a lot and placed on the dividing line between any lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Section, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. 18.2 Sharing of Repair and Maintenance. The costs of reasonable repair and maintenance of a party wall shall .be shared by , the owners who make use of the wall in proportion to -such use. 18.3 Destruction by ' Fire or Other Casualty. If a party wall is destroyed by fire or other casualty, any owner who used the wall may restore it, and if other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owners to call for a larger contribution by reason of the negligent or willful acts or omissions. 18.4 Weatherproofing. Notwithstanding any other provisions of this Article, an owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. 18.5 Right to Contribution. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to ,�1ich owners successors in title. 18.6 Arbitration. P.ny disputes arising concerning a party wall or under the provisions of this Article, shall be settled by arbitration in accordance with the Rules of -3 0-- g5-13�550� the American Arbitration Association, and judgment upon the award rendered (which award may include equitable relief) by the arbitrator (s) may be entered in any court having jurisdiction. 19. COVENANT IN FAVOR OF MUNICIPALITY Each owner shall be prohibited from renting or leasing his lot or the structure located thereon or allowing same to be occupied by anyone other than him, the members of his family, and his guests or invitees for a period of one year from the date said lot is first sold to a purchaser. Declarant has executed this instrument as. of August 21, 1985 . NORTHPARK II, a joint venture By - By- ' VANGU- RD WEST, INC. , a TKI, INC. , a California California corporation, corporation, Joint Venturer, Joint Venturer, By By TED KOURTIS, President BRUCE G. STRICKLAND, Vice President STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO )ss. on this 21st day of August, 1985, before me, the undersigned, a Kota n,► Public in and for said state, personally appeared Ted Kourzis Per-%Onz Lly known to me to be the President of TKI, Inc. , the corporation that executed the vichip instrument, said person being known to me to be the person who executed the within instrument on behalf of said corporation, and said corporation beirLS known to me to be one of the joint venturers of lenrthpark II, the joknt uatsture that executed the within instrument, and acknowledged to me that Sut corporation executed the same both individually and as a joint vetitrdre- 1 of said joint venture and that such joint venture also executed the aamr-. WITNESS my hand and official seal. .z FFJC lAL SEA;. _- K a � - f:ri"�R PU�ai�C = Catr=Q�tilfi otry P ub lic � in arrd far said state + - ' — t'.y -m. ■l it; 1 Ai 85--1u�55�5 -31- 5. STATE OF CALIFORNIA } COUNTY OF SAN BERNARDINO }ss. On this 21st day of August, 1985, before me, the undersigned, a Notary Public in and for said state, personally appeared Bruce G. Strickland personally known to me to be the Vice President of Vanguard West, Inc. , the corporation that executed the within instrument, said person being known to me to be the person who executed the within instrument on behalf of said corporation, and said corporation being known to me to be one of the joint venturers of Northpark II, the joint venture that executed the within instrument, and acknowledged to me that such corporation executed the same both individually and as a joint venturer of said joint venture and that such joint venture also executed the same. . . WITNESS my hand and official seal. OFFICIAL SEAL Ft�4-. 7RUDIF WILSON 07AAY PUBUCCALIFQfiNIA SAWN BERN'ARDINO COLITMy eamm. expires AN 31. 1°36 Notary Public in and for said state. - 32- 85-1305505 Exhibit Procedures Regarding Temporary Relocation of Leasees and Authorized Occupants Vernon Housing Commission Procedures Regarding Temporary Relocation of Leasees and Authorized Occupants Adopted December 10, 2014 Pursuant to Ordinance 1183, as amended, and the Vernon Rental Housing Policy ("VRHP"), the Vernon Housing Commission("VHC")hereby adopts the following procedures to address any Iease/authorized occupant's need to be re-located temporarily. Recitals A. The VHC is committed to managing its housing stock according to "best practices" for private, residential housing. The VRHP requires that all procedures be "neutral, fair, and reasonable." B. Every lease/authorized occupant is entitled to a habitable rental unit. C. If, through no fault of a Leasee, Authorized Occupant, and/or Guest, a rental unit becomes temporarily uninhabitable, as determined by the City, the Leasce and any Authorized Occupants shall be entitled, at the Leasee's option, to be re-located to housing accommodations comparable to the rental unit in good condition for so long as the rental unit is uninhabitable. D. The VHC desires to adopt procedures with respect to the temporary relocation of Leasees and Authorized Occupants that are "neutral, fair, and reasonable." The VHC recognizes that unless it uniformly applies a temporary relocation procedure to all leasees, it will not be treating all leasees neutrally and fairly. Procedures 1. When Temporary Relocation is Authorized. Temporary relocation shall be authorized, at City expense, only if a rental unit is uninhabitable or if it is determined that in light of required repairs to a rental unit, temporary relocation will facilitate more expedient and cost effective repairs, even when the cost of temporary relocation is taken into account. Whether relocation should be authorized shall be determined on an objective basis in light of best practices for a private landlord, and shall be determined by disinterested City staff and/or consultants who have expertise with respect to the subject repair(s). a. Required Relocation. If the City determines that a rental unit is uninhabitable, relocation shall be required until such time as the rental until is returned to a habitable condition. Habitability shall be determined in light of the rental unit's current condition and in light of the effect any needed repairs may have on the habitability of the rental unit during the course of repairs. b. Optional Relocation. If a rental unit is otherwise habitable, a Leasee shall have an option either to accept relocation or to decline relocation, at the Leasee's sole discretion, even if the total cost to repair to the rental unit shall be higher in light of the non-relocation. Procedure Regarding Temporary Relocation of Leasees and Authorized Occupants 21PaRe 2. Types of Alternative Housing. Generally, the type of alternative housing to which a Leasee and an Authorized Occupant is entitled shall be determined by the expected length of time alternative housing is required. As a general rule, if a temporary relocation is expected to last no more than 30 days, the relocation shall be presumed to be "short-term." As a general rule, if a temporary relocation is expected to last for more than 30 days, the relocation shall be presumed to be "long-term." Any presumption created by this procedure may be overcome if, as determined by the City, and based on the facts and circumstances of any particular case, an alternative categorization is appropriate. a. Short-term Relocation. As a general rule, if short-term relocation is authorized, the alternative housing shall be in the form of a qualifying hotel or other short-term housing option, as provided for in the City's Expense Reimbursement Policy ("ERP"), discussed below. b. Long-term Relocation. As a general rule, if long-term relocation is authorized, the alternative housing shall be in the form of a comparably furnished apartment with a comparable number of bedrooms and bathrooms as the subject rental unit. 3. Reimbursable Relocation Expenses. If temporary relocation is authorized, the City shall bear all reasonable costs associated with the relocation, including the cost of alternative housing, the reasonable cost, if any, of moving personal possessions from and to the rental unit to the temporary housing, and any reasonable increase in food costs, if any, necessitated by the relocation. To the extent the City's Expense Reimbursement Policy ("ERP") then in effect covers a subject expense, the ERP shall govern the type of expense that may be covered and the amount of coverage. To the extent the ERP does not cover a subject expense, an expense may be covered only if it is actually incurred, is reasonable as determined by the City, and only for the actual amount of the expense. 4. Rent Abatement as an Alternative. If a Leasee who is otherwise entitled to relocation instead chooses to re-locate on his or her own, the Leasee shall be entitled to rent abatement for the length of time relocation would have otherwise been authorized. 5. Approval Required by Ci1X Attorney or Outside Counsel. If the amount of expected reimbursable relocation expenses is in excess of$2,500, prior approval of the expenditure from the City Attorney or outside counsel to the VHC shall be required.