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20161101 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 O IF YE�,�, Tuesday, November 1, 2016, 9:00 a.m. City Hall, Council Chamber 4305 Santa Fe Avenue 11f11 y Vernon, California William J. Davis,Mayor sf"ZLY ISO Yvette Woodruff-Perez,Mayor Pro-Tem Luz Martinez, Council Member Melissa Ybarra, Council Member Leticia Lopez, Council Member CALL TO ORDER& FLAG SALUTE CHANGES TO THE AGENDA PUBLIC COMMENT - At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Bruce V. Malkenhorst, Sr. v. CalPERS, City of Vernon Los Angeles Superior Court Case No. BS 159589 B. City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV 16-2405 Regular City Council Meeting Agenda November 1, 2016 PRESENTATIONS 2. Life-Savings Award Presentation Presented by: Vernon Police Department, Chief Daniel Calleros and Vernon Fire Department, Interim Chief Andrew Guth 3. Moody's Bond Rating Update Presented by: William Fox, Finance Director CONSENT CALENDAR - All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar by any member of the Council. Those items removed will be considered immediately after the Consent Calendar. Claims Against the City— Received and Filed 4. None Minutes—To be Received and Filed 5. Minutes of the Regular City Council Meeting held October 4, 2016 6. Minutes of the Special City Council Meeting held October 12, 2016 7. Minutes of the Regular City Council Meeting held October 18, 2016 Warrant Registers 8. Approval of City Warrant Register No. 1459, totaling $728,705.21, which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of wire transfers totaling $505,840.53; and B. Ratification of the issuance of early checks totaling $79,987.70; and C. Authorization to issue pending checks totaling $142,876.98; and D. Voided check No. 352642 totaling $49,983.10 9. Approval of Light & Power Warrant Register No. 424, totaling $6,880,221.15, which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of wire transfers totaling $6,804,700.31; and B. Ratification of the issuance of early checks totaling $62,040.28; and Page 2 of 6 Regular City Council Meeting Agenda November 1, 2016 C. Authorization to issue pending checks totaling $13,480.56. 10. Approval of Gas Warrant Register No.212,totaling$6,133.22,which covers the period of October 11 through October 24, 2016, and consists of the following: A. Ratification of the issuance of early checks totaling $6,133.22. Fire Department 11. Activity Report for the period of September 16 through September 30, 2016 Police Department 12. Activity Log and Statistical Summary of Arrests and Activities for the period of October 1, through October 15, 2016,to be received and filed Public Works,Water and Development Services Department 13. Building Department Report for the Month of September 2016 44. Measure R Funding Agreement for the Interstate 710 South Early Action Projects Review of the I-710 Recirculated Draft EIR/EIS with the Los Angeles County Metropolitan Transportation Authority Recommendation: A. Find that the approval of the proposed Measure R Funding Agreement for the Interstate 710 South Early Action Projects (hereinafter referred to as the "Measure R Funding Agreement) (attached herewith)is exempt from the California Environmental Quality Act(CEQA)review,in accordance with CEQA Guidelines Section 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and B. Approval to enter into the Measure R Funding Agreement between the Los Angeles County Metropolitan Transportation Authority (Metro) and the City of Vernon for City staff's continued participation, coordination, and to provide technical support for the I-710 Corridor Project including the review of the I-710 Recirculated Draft Environmental Impact Report/Environmental Impact Study (hereinafter referred to as the "Recirculated Draft EIR/EIS") for a not to exceed amount of$18,000 for the period ending June 30, 2018; and C. Authorize the Mayor to execute the Measure R Funding Agreement for the Recirculated Draft EIR/EIS. Page 3 of 6 Regular City Council Meeting Agenda November 1, 2016 15. Increase in Cost to the Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for the Purposes of the Proposition 84 Grant Program Recommendation: A. Find that approval of the increase in cost to the Subrecipient Agreement is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, and find that for the construction and installation of two (2)tree box filters in a transportation corridor are categorically exempt under the CEQA in accordance with Guidelines Section 15303, Class 3 because: (i) no significant physical changes will occur as a result of this approval; (ii) the project will consist of minor construction and connection to an existing facility (catch basin) to improve the water quality in the Los Angeles River, (iii)the project is an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, (iv) the project does not involve significant amounts of hazardous substances, and(v)the area is not in an environmentally sensitive area, and; and B. Authorize an increase in cost of$14,476.82 to the Subrecipient Agreement between the City of Vernon ("City") and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority("GWMA"). 16. Legal Services Agreement with Richards, Watson & Gershon for Litigation regarding the Los Angeles Municipal National Pollution Discharge Elimination System Permit Recommendation: A. Find that because the proposed action will not result in direct or indirect physical changes in the environment,it does not constitute a"project"as defined by California Environmental Quality Act ("CEQA") Guidelines Section 15378 and is therefore not subject to CEQA review. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Authorize an $8,000 increase in cost for legal services provided by Richards, Watson & Gershon ("RWG") under their current Legal Services Agreement with the City of Vernon (copy attached) to continue representing the City, as needed to protect the City's interests, as a real party in interest in litigation challenging a Final Order of the State Water Board which approved the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175 ("Municipal NPDES Permit) as amended by Order WQ 2015-0075. NEW BUSINESS Page 4 of 6 Regular City Council Meeting Agenda November 1, 2016 City Administration Department 17. Appointment of Eligible Individual to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation: A. Find that the appointment of an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in a Vernon Area Representative Seat with a term of November 1, 2016 to June 30, 2018. 18. Appointment of Eligible Individual to Serve on the Vernon Business & Industry Commission Recommendation: A. Find that the appointment of an eligible individual to serve on the Vernon Business & Industry Commission is exempt from California Environmental Quality Act ("CEQA") review, because they are administrative actions that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vernon Business & Industry Commission for an unexpired term in a Vernon Real Estate Representative Seat until the term expires on June 30, 2018. City Clerk Department 19. Adoption of Two (2) Resolutions: 1) Calling for a General Municipal Election to be Held on Tuesday,April 11,2017; and 2)Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services for Conduct of Said General Municipal Election Recommendation: A. Find that approval of the Resolutions is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution of the City Council of the City of Vernon, California, Calling and Giving Notice of an All-Mail Ballot General Municipal Election to be held on Tuesday, April 11, 2017 for the Election of a Certain Officer as required by the provisions of the Charter of the City of Vernon; and Page 5 of 6 Regular City Council Meeting Agenda November 1, 2016 C. Adopt a Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of the General Municipal Election to be Held on Tuesday, April 11, 2017. Public Works, Water and Development Services Department 20. Results of the Tenant Relocation Survey Related to the City's Housing Remodel Project and Possible Divestment of Two City-Owned Housing Units in Huntington Park Recommendation: A. Find that the recommendations below are exempt under the California Environmental Quality Act ("CEQA")because such are not a"project"as that term is defined in the CEQA Guidelines Section 15378(b)(2), because such actions constitute an administrative activity; and even if it were a project, it would still be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Conduct a discussion regarding the results of the Tenant Relocation Survey; and C. Proceed with the Vernon Housing Commission's recommendation to sell the two remaining City- owned housing units located at 6010 Oak Street and 2915 E. 60th Place in the City of Huntington Park; and D. Authorize staff to designate the proceeds from the sale of the two Huntington Park units solely for capital improvements and other projects related to the existing housing stock in the City of Vernon. ORAL REPORTS 21. City Administrator Reports — brief reports on activities and other brief announcements by the City Administrator and Department Heads. 22. City Council Reports —brief AB 1234 reports, or report on: activities, announcements, or directives to staff. ADJOURNMENT I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted on the bulletin board at the main entrance of the City of Vernon City Hall,located at 4305 Santa Fe Avenue, Vernon, California, and on the City's website,not less than 72 hours prior to the meeting set forth on this agenda. Dated this 27th day of October 2016. By: Maria E. Ayala City Clerk Page 6 of 6 r -y RECEIVED RECEIVED �� OCT 17 2016 OCT 11201 MY ADMINESRAMN CITY CLERK'S OFFICE STAFF REPORT j VERNON POLICE DEPARTMENT DATE: November 1, 2016 TO: Honorable Mayor and City Council FROM: Daniel Calleros, Police Chief RE: Life-Savings Award Presentation Recommendation The Police and Fire Department will provide lifesavings awards to Police and Fire personnel for their actions in providing immediate medical aid to a victim of cardiac arrest. Background On September 03, 2016, during the early afternoon hours, Police Officers Carlos Ourique and Richard Velasquez responded to Charlie Pride, 2959 E. 50th Street, regarding a medical aid call involving a male worker found unconscious and not breathing. Officers arrived within minutes and found Cristobal Cisneros in full cardiac arrest. Officers Ourique and Velasquez immediately conducted a medical aid assessment, deployed the automated external defibrillator (AED) device, and initiated life saving measures. As they continued performing life-savings measures, Vernon Fire Engine 76, Truck 76 and Rescue 78 arrived on scene and took over medical care. After several minutes of intensive life-saving measures and deployment of the AED device, Cisneros regained a faint pulse. Rescue 78 immediately transported Cisneros to a local hospital where his condition was stabilized. After a week of medical treatment, Cisneros fully recovered from his medical episode and was released from the hospital. Hospital medical staff gave credit to Cisneros' survival as a result of the immediate life-saving measures provided by public safety personnel. There is no question that based on the quick response and immediate life-saving measures performed by Police and Fire personnel Cisneros was able to completely recover from this medical event. This incident is a testament to the Police and Fire defibrillator program and how these devices have enhanced our ability to save lives in our community. Fiscal Imaact None Page 1 of 2 Attachment(s) None Page 2 of 2 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, OCTOBER 04, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Ybarra, and Lopez MEMBERS ABSENT: Martinez The meeting was called to order at 9:00 a.m. by Mayor Davis; Councilmember Ybarra led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced that there were no changes to the agenda. PUBLIC COMMENT Mayor Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Sandra Orozco, Southeast Political Activist, spoke briefly about her health, ADA compliance within the City, and the possibility of her becoming a resident. CONSENT CALENDAR Councilmember Ybarra requested item number 13 be moved as the first item of New Business. It was moved by Ybarra and seconded by Lopez to approve all matters listed under the Consent Calendar, except item numberl3, under one motion as presented. Motion carried, 3-0-1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Claims Against the City—Received and Filed 1. None Minutes— To be Received and Filed 2. Minutes of the Regular City Council Meeting held September 6, 2016 3. Minutes of the Regular City Council Meeting held September 20, 2016 Warrant Registers 4. Ratification of the following City Warrant Register to record the following voided checks: A. City Warrant Register No. 1449 to record voided Check No. 351073 in the amount of$53.26; and B. City Warrant Register No. 1456 to record voided Check No. 352305 in the amount of$137.41; and C. City Warrant Register No. 1429 to record voided Check No. 348224 in the amount of$300.00; and Regular City Council Meeting Minutes October 04, 2016 D. City Warrant Register No. 1449 to record voided Check No. 351340 in the amount of$100.00. 5. Approval of City Warrant Register No. 1457,totaling$875,704.97,which covers the period of September 13 through September 26, 2016, and consists of the following: A. Ratification of wire transfers totaling $526,492.39; and B. Ratification of the issuance of early checks totaling $188,956.39; and C. Authorization to issue pending checks totaling $160,256.19. 6. Approval of Light&Power Warrant Register No.422,totaling$6,235,383.22,which covers the period of September 13 through September 26, 2016, and consists of the following: A. Ratification of wire transfers totaling $6,195,440.85; and B. Ratification of the issuance of early checks totaling $16,102.69; and C. Authorization to issue pending checks totaling $23,839.68. 7. Approval of Gas Warrant Register No.210,totaling$1,500,528.57,which covers the period of September 13 through September 26, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,492,585.49; and B. Ratification of the issuance of early checks totaling $2,778.18; C. Authorization to issue pending checks totaling $5,164.90. Fire Department 8. Activity Report for the period of August 16 through August 31, 2016. 9. Activity Report for the period of September 1 through September 15, 2016. 10. Approval of First Amendment to Agreement Number C-123991 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in Connection with the Fiscal Year 2013 Urban Areas Security Initiative Grant Program Recommendation: A. Find that approval of the amendment proposed is exempt from California Environmental Quality Act ("CEQA") review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a"project"as defined by CEQA Guidelines section 15378; and B. Approve the First Amendment to Agreement Number C-123991 of City of Los Angeles Contract between the City of Los Angeles and the City of Vernon in connection with the Fiscal Year 2013 Urban Areas Security Initiative("2013 UASP') grant program and authorize the Mayor to execute all necessary documents. Health and Environmental Control Department 11. August 2016 Monthly Report Police Department Page 2 of 7 Regular City Council Meeting Minutes October 04, 2016 12. Activity Log and Statistical Summary of Arrests and Activities for the period of September 1, through September 15, 2016, to be received and filed. NEW BUSINESS Public Works,Water and Development Services Department 13. Bid Award for Liner Installation and Rehabilitation of Water Production Well No. 11, Contract No. CS-0716. Recommendation: A. Find that the proposed Liner Installation and Rehabilitation of Water Production Well No. 11 Project is exempt under the California Environmental Quality Act (CEQA) in accordance with CEQA Guidelines Section 15301, subsections (b) and (d), because the project involves negligible or no expansion of use beyond that existing at the lead agency's determination; and B. Accept the bid from General Pump Company, Inc., as the lowest responsive and responsible bidder for the Liner Installation and Rehabilitation of Water Production Well No. 11 Project and reject all other bids; and C. Approve and authorize the City Administrator to execute a contract in the amount of $347,000 with General Pump Company, Inc., for the Liner Installation and Rehabilitation of Water Production Well No. 11 for a period not to exceed ninety (90) calendar days and; D. Authorize a contingency amount of$35,000 in the event an unexpected changed condition in the project occurs and grant authority to the City Administrator to issue change orders for an amount up to the contingency amount. Director of Public Works,Water and Development Services Department Derek Wieske introduced the item. Public Works and Water Superintendent Scott Rigg reported on the proposed. Ybarra inquired as to the conditions of the other wells. Superintendent Rigg responded stating that other wells were not in need of major repairs. Mayor Davis inquired to the amount of wells in the City. Superintendent Rigg responded stating the City had a total of 8 wells. It was moved by Ybarra and seconded by Lopez to approve. Motion carried, 3-0-1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Finance Department 14. Resolution No. 2016-52 - A Resolution of the City Council of the City of Vernon Adopting an Updated Investment Policy for Fiscal Year 2016-2017 Recommendation: A. Find that the proposed action is exempt from the California Environmental Quality Act("CEQA"),because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Page 3 of 7 Regular City Council Meeting Minutes October 04, 2016 B. Adopt a Resolution of the City Council of the City of Vernon adopting an Updated Annual Statement of Investment Policy for fiscal year 2016-2017 and delegating Investment Authority to the Finance Director/City Treasurer Director of Finance William Fox reported on the proposed. It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-52. Motion carried, 3-0-1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Human Resources Department 15. Resolution No. 2016-53 - Approval of a Resolution Adopting an Amended and Restated Citywide Fringe Benefits and Salary Resolution in Accordance with Government Code Section 20636(B)(1) and Repealing All Resolutions in Conflict Therewith Recommendation: Items A-C: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a"project" as defined by CEQA Guidelines Section 15378. and B. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, with a retroactive effective date of July 10, 2016 for the following provisions under section one below: 1) Amend Exhibit A, Classification and Compensation Plan by adding the following: a. Fire Administrative Analyst b. Executive Legal Secretary c. Principal Resource Scheduler/Trader d. Stormwater and Special Projects Analyst revised pay grade C. Adopt the resolution amending and restating the Citywide Fringe Benefits and Salary Resolution, with an effective date of October 4, 2016 for the following provisions under section one through three below: 1) Amend Exhibit A, Classification and Compensation Plan with revisions to the Economic Development Manager, Human Resources Analyst, Legal Secretary, and Resource Scheduler job descriptions. 2) Amend Exhibit A, Classification and Compensation Plan by adding the following: a. Environmental Health Intern b. Public Information Officer c. Reserve Police Officer 3) Amend Section 11 Automobile Allowance Interim Director of Human Services Lizette Grizzelle reported on the proposed. Page 4 of 7 Regular City Council Meeting Minutes October 04, 2016 It was moved by Lopez and seconded Ybarra by to approve the Resolution No. 2016-53. Motion carried, 3-0-1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Public Works,Water and Development Services Department 16. Authorization to Proceed with the Remodel of a Second Housing Unit for the City Housing Remodel Project and Authorize Staff to Offer a Permanent Relocation Opportunity to All Tenants in Non-Remodeled Units Recommendation: A. Find that the actions recommended in this staff report do not constitute a "project" pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQA"), because such recommendations constitute an administrative activity;and even if the adoption of the proposed items did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Authorize staff to proceed with the remodeling of a second housing unit for the City Housing Remodel Project for an estimated total cost of$140,000; and C. Authorize staff to proceed with offering a permanent relocation opportunity to tenants in non-remodeled City-owned housing units; and D. Approve the establishment of a Permanent Relocation Priority Interest List to be used for the City Housing Remodel Project. The list would remain in effect until all units are remodeled. Councilmember Ybarra suggested sections C and D of the item be removed from the recommendation and be placed on the Vernon Housing Commission Agenda. Director Wieske reported on the proposed. Council and staff deliberated on the ADA compliance, the process of the remodeling, and the possibility of the Housing Commission making the decision. Public Comment Ms. Orozco spoke of the importance of being ADA compliant. John Van de Kamp, Independent Counsel, clarified the suggestion by Ybarra to move sections C and D of item 16 to the Vernon Housing Commission. It was moved by Ybarra and seconded by Lopez to remove section C and D from item 16, to be considered on the Vernon Housing Commission, and authorize staff to proceed with the remodeling of a second housing unit for the City Housing Remodel Project. Motion carried, 3-0- 1. Davis: Yes Woodruff-Perez: Abstention Martinez: Absent Ybarra: Yes Lopez: Yes Page 5 of 7 Regular City Council Meeting Minutes October 04, 2016 17. Recommendation from the Vernon Housing Commission to sell two (2) City-owned housing properties located in the City of Huntington Park Recommendation: A. Find that the action recommended by the Vernon Housing Commission in this staff report does not constitute a "project" pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQA"), because such action constitutes an administrative activity;and even if the adoption of the proposed item did constitute a project, it would be exempt from CEQA in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Approve and authorize the sale of the following two (2) remaining City-owned housing units in the City of Huntington Park at fair market value: a. 6010 Oak Street; and b. 2915 E. 60t'Place C. Authorize staff to designate the proceeds from the sale of the two Huntington Park units for expenditures solely related to the City's existing housing stock. Director Wieske reported on the proposed. A dialogue ensued between Councilmember Ybarra and Director Wieske about the relocation of effected tenants. A dialogue ensued between Council and staff about where the sale funds will be deposited, how they would be tracked, and how it would be spent. A dialogue ensued between Councilmember Lopez and staff about the remodel and relocation logistics. Councilmember Ybarra requested a formal survey be done to gage the tenant's feelings towards temporary or permanent relocation. Director Wieske said that the surveys would be mailed out to the effected tenants. Mayor Davis recommended moving item number 17 to the first meeting in November. Council reached a consensus to table the item until the November 1, 2016 regular City Council Meeting. ORAL REPORTS 18. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Chief Daniel Calleros reported on the following: continued Farmer John protests; homeless outreach; coffee with a cop event; and the Sabor de Mexico Lindo event. Fire Battalion Chief Andrew Guth gave a brief report on the Sabor de Mexico Lindo event. Director of Public Works,Water and Development Services Derek Wieske provided a brief update on Gateway Cities meeting on Measure M and development activity in the City. Director of Health and Environmental Control Keith Allen provided a brief report on community Exide outreach and the Sabor de Mexico Lindo event. Mayor Davis inquired about the cleanup efforts for residents with high levels of lead. Director Allen explained that the DTSC was currently evaluating what properties needed cleanup. Page 6 of 7 Regular City Council Meeting Minutes October 04, 2016 City Administrator Carlos Fandino provided a brief report on the following: League of Cities conference;the Sabor de Mexico Lindo event; and thanked all staff who contributed to making the event happen. City Clerk Maria Ayala briefly reported on the City booth at the the Sabor de Mexico Lindo event. 19. City Council Reports brief AB 1234 reports, or report on: activities, announcements, or directives to staff. No reports provided. Mayor Davis recessed the meeting at 10:22 a.m. and reconvened at a.m. CLOSED SESSION At 10:22 a.m., the City Council entered into closed session to discuss the following agendized items: 20. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (2) Government Code Section 54956.9(a) A. Name of Case: City of Vernon vs. Citigroup Energy Inc., et al. United States District Court Southern District of New York Case No. CV 16-2405 It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-54, approving and authorizing the execution of a revised credit support agreement and ancillary documents by and between the City of Vernon and Citygroup Energy, INC. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes B. Name of Case: Jerrick Torres and Lyndon Ong Yiu vs. City of Vernon, et al. Los Angeles Superior Court Case No. BC620265 21. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Human Resources At 11:30 a.m. the City Council exited closed session. City Attorney Hema Patel announced that three items were discussed and reported out that Resolution No. 2016-54 was passed in closed session. With no further business, at 11:30 a.m., Mayor Davis adjourned the meeting. William J. Davis Mayor ATTEST: Maria E. Ayala City Clerk Page 7 of 7 MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF THE CITY OF VERNON HELD WEDNESDAY, OCTOBER 12, 2016, IN CONFERENCE ROOM 1 OF CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Martinez, Ybarra, and Lopez MEMBERS ABSENT: Woodruff-Perez The meeting was called to order at 11:34 a.m. by Mayor Davis. CHANGES TO THE AGENDA Deputy City Clerk Matthew Ceballos announced that there were no changes to the agenda. PUBLIC COMMENT Mayor Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. No public comment provided. CLOSED SESSION At 11:35 a.m., the City Council entered into closed session to discuss the following agendized items: 1. PUBLIC EMPLOYMENT Government Code Section 54957(b)(1) Title: Director of Human Resources At 12:10 p.m. the City Council exited closed session. City Attorney Hema Patel announced that one item was discussed and there was no reportable action from closed session. With no further business, at 12:10 p.m., Mayor Davis adjourned the meeting. William J. Davis Mayor ATTEST: Maria E. Ayala City Clerk MINUTES OF THE REGULAR CITY COUNCIL MEETING OF THE CITY OF VERNON HELD TUESDAY, OCTOBER 18, 2016, IN THE COUNCIL CHAMBER OF THE CITY HALL LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA MEMBERS PRESENT: Davis, Woodruff-Perez, Ybarra, and Lopez MEMBERS ABSENT: Martinez The meeting was called to order at 9:00 a.m. by Mayor Davis; Battalion Chief Andrew Guth led the flag salute. CHANGES TO THE AGENDA City Clerk Maria Ayala announced a change in language on item number 2(c)as noted in Minutes. PUBLIC COMMENT Mayor Davis announced that this was the time allotted for public comment, and inquired whether anyone in the audience wished to address the City Council. The public will also be given an opportunity to comment on matters on the posted agenda during Council deliberation. Sandra Orozco, Southeast Political Activist,spoke briefly about the Multiple Sclerosis Association of America(MSAA). PUBLIC HEARING 1. Resolution No. 2016-55 - A Resolution of the City Council of the City of Vernon Adopting a New Transmission Revenue Requirement for 2017 in Accordance with Vernon's Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment Recommendation: A. Find that the approvals requested in this staff report do not constitute "projects" pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQA"), because such actions constitute administrative activities; and even if the adoption of the proposed items did constitute projects, they would be exempt in accordance with CEQA Guidelines section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Conduct a Public Hearing; and C. Adopt the attached Resolution to thereby: i. Approve,pursuant to the Transmission Owner Tariff, and to be effective on January 1, 2017, the establishment of the City's new TRR Transmission Revenue Requirement (TRR) and Appendix I to the TO Tariff implementing the new TRR, as described in the Gas&Electric TRR Report dated on or about October 18, 2016; and ii. Authorize outside counsel to submit the City's TRR,the amended Appendix I to the Vernon TO Tariff, and supporting documentation such as the TRR Report,to the Federal Energy Regulatory Commission(FERC)on behalf of the City of Vernon. Director of Gas and Electric Kelly Nguyen reported on the proposed. Mayor Davis opened the public hearing at 9:07 a.m. No public comment was provided. Regular City Council Meeting Minutes October 18, 2016 Mayor Davis closed the public hearing at 9:07 a.m. It was moved by Woodruff-Perez and seconded by Lopez to approve Resolution No. 2016-55. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes 2. Resolution No. 2016-56 - A Resolution of the City Council of the City of Vernon Establishing a Transmission Revenue Balancing Account Adjustment for 2017 in Accordance with Vernon's Transmission Owner Tariff and Providing for Tariff Sheet Changes to Implement the Adjustment Recommendation: A. Find that the approval of the TRBAA referenced in this document does not constitute a "project" pursuant to section 15378(b)(2) of the Guidelines to the California Environmental Quality Act ("CEQA"), because such action constitutes an administrative activity; and even if the adoption of the proposed item did constitute a project, it would be exempt under the in accordance with CEQA Guidelines section 15061(b)(3),the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Conduct a Public Hearing; and C. Adopt the Resolution establishing a New Transmission Revenue Balancing Account Adjustment (TRBAA) for 2017 which: i. Adopts the newly calculated TRBAA of a positive negative $47,616; and ii. Adopts the replacement of the existing TRBAA of positive 411 with the new TRBAA for 2017 of a positive negative $47,616; and iii. Adopts the attached revised Appendix I of Vernon's TO Tariff reflecting the TRBAA of positive negative $47,616; and iv. Authorizes outside counsel to submit Vernon's TRBAA and supporting documentation to FERC on behalf of the City of Vernon Director Nguyen reported on the proposed. Mayor Davis opened the public hearing at 9:10 a.m. No public comment was provided. Mayor Davis closed the public hearing at 9:10 a.m. It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-56. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes NEW BUSINESS Page 2 of 8 Regular City Council Meeting Minutes October 18, 2016 City Administration Department 3. Resolution No. 2016-57 - A Resolution of the City Council of the City of Vernon Appointing Michael Earl to Serve as the Director of Human Resources of the City of Vernon and Approving and Authorizing the Execution of a Related At-Will Employment Agreement Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a"project" as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution appointing Michael Earl to serve as the Director of Human Resources of the City of Vernon effective October 24, 2016, approving and authorizing the execution of a related at-will employment agreement. City Administrator Carlos Fandino reported on the proposed. It was moved by Ybarra and seconded by Woodruff-Perez to approve Resolution No. 2016-57. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes 4. Oath & Appointment of Michael Earl as Director of Human Resources, City of Vernon City Clerk Ayala administered the oath of allegiance to newly appointed Human Resources Director Michael Earl. Mr. Earl briefly spoke and thanked the Council for the new opportunity. Mayor Davis recessed the meeting at 9:19 a.m. Mayor Davis reconvened the meeting at 9:31 a.m. PRESENTATION 5. A Proclamation of the Mayor and the City Council of the City of Vernon commending Michael A. Wilson for his many years of dedicated service to the City of Vernon City Clerk Ayala read the proclamation. Battalion Chief Andrew Guth spoke on behalf of Retired Fire Chief Michael Wilson,who thanked the City for allowing him to serve for over 29 years. 6. Service Pin Awards for September 2016 NAME DEPARTMENT TITLE YEARS Felix Saldana Public Works Engineering Aide 30 Janette Ramos Police Police Dispatcher 5 Page 3 of 8 Regular City Council Meeting Minutes October 18, 2016 Interim Director of Human Service Lizette Grizzele awarded the service pins to Felix Saldana, who was in attendance, and also recognized Janette Ramos who was not in attendance. 7. Status of I-710 South Corridor Improvements -Early Action Soundwall Program Presented by: METRO Representative Director of Public Works, Water and Development Services Department Derek Wieske provided a brief overview of the project. Susan Chau, CH2M/METRO Project Manager, provided a PowerPoint Presentation. CONSENT CALENDAR John Van de Kamp, Independent Counsel, inquired about the Health Department monthly report, specifically about the testing results with respect to Vernon residents. Director of Health and Environmental Control Keith Allen responded that test results were available to the public. Fred McFarlane, Senior Advisor to the City Administrator, added that the results were also available online. It was moved by Ybarra and seconded by Woodruff-Perez to approve all matters listed under the Consent Calendar under one motion as presented. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes Claims Against the City— Received and Filed 8. None Warrant Registers 9. Ratification of the following Light & Power Warrant Registers to record the following voided checks: A. Light &Power Warrant Register No. 421 to record voided Check No. 512253 in the amount of$607.00. 10. Approval of City Payroll Warrant Register No. 724, totaling $4,778,471.35, which covers the period of September 1 through September 30, 2016 and consists of the following: A. Ratification of direct deposits, checks and taxes totaling $3,309,192.85; and B. Checks and electronic fund transfers (EFT) totaling $1,020,594.69. 11. Approval of City Warrant Register No. 1458, totaling $1,737,461.55, which covers the period of September 27 through October 10, 2016, and consists of the following: A. Ratification of wire transfers totaling $1,309,036.84; and B. Ratification of the issuance of early checks totaling $221,546.82; and C. Authorization to issue pending checks totaling $206,887.89. 12. Approval of Light&Power Warrant Register No.423,totaling$1,772,198.47,which covers the period of September 27 through October 10, 2016, and consists of the following: Page 4 of 8 Regular City Council Meeting Minutes October 18, 2016 A. Ratification of wire transfers totaling $1,655,208.05; and B. Ratification of the issuance of early checks totaling $52,889.98; and C. Authorization to issue pending checks totaling $64,100.44. 13. Approval of Gas Warrant Register No. 211, totaling $168,987.48, which covers the period of September 27 through October 10, 2016, and consists of the following: A. Ratification of wire transfers totaling $159,661.27; and B. Ratification of the issuance of early checks totaling $1,415.67; and C. Authorization to issue pending checks totaling $7,910.54. City Administration Department 14. Council Conference Attendance Report Recommendation: A. Receive and file this Council Conference Attendance Report to the League of California Cities Annual Conference and Expo. Gas and Electric Department 15. Grazing Agreement by and between the City of Vernon and Hafenfeld Ranch,LLC Recommendation: A. Find that approval of the Grazing Agreement (as defined below) is exempt under the California Environmental Quality Act ("CEQA"), because such is an administrative activity of government that will not result in direct or indirect physical changes in the environment and, as such, is not a "project" as defined by CEQA Guidelines Section 15378, and even if such were considered a"project," it would still be exempt in accordance with Section 15061(b)(3),the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Approve and authorize the City Administrator to execute the Grazing Agreement by and between the City of Vernon and the Hafenfelds. Health and Environmental Control Department 16. September 2016 Health & Environmental Control Department Monthly Report Police Department 17. Activity Log and Statistical Summary of Arrests and Activities for the period of September 16, through September 30, 2016, to be received and filed Public Works,Water and Development Services Department 18. Orangeline Development Authority Fifth Amended Joint Exercise of Powers Agreement Recommendation: A. Find that approval of the Orangeline Development Authority Fifth Amended Joint Exercise of Powers Agreement (JEPA) (hereinafter referred to as the "Fifth Amended JEPA") (copy attached) is exempt from California Environmental Page 5 of 8 Regular City Council Meeting Minutes October 18, 2016 Quality Act ("CEQA") review, because it is a government fiscal activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a"project" as defined by CEQA Guidelines section 15378; and B. Approval to enter into the Fifth Amended JEPA between the Orangeline Development Authority and the Members listed on Exhibit A of the Fifth Amended JEPA for the Eco-Rapid Transit Project; and C. Authorize the City Administrator to execute the Fifth Amended JEPA. NEW BUSINESS (CONT'D) City Administration Department 19. Resolution No. 2016-58 - A Resolution of the City Council of the City of Vernon Appointing Andrew Guth to Serve as the Interim Fire Chief of the City of Vernon Recommendation: A. Find that approval of the attached resolution in this staff report is exempt from California Environmental Quality Act (CEQA) review, because it is a general administrative activity that will not result in direct or indirect physical changes in the environment and therefore does not constitute a"project" as defined by CEQA Guidelines Section 15378; and B. Adopt the attached resolution appointing Andrew Guth to serve as the Interim Fire Chief effective October 12, 2016. City Administrator Carlos Fandino reported on the proposed. Council inquired about job preparedness, ongoing projects, and upcoming projects. Battalion Chief Guth responded to all comments and questions. It was moved by Ybarra and seconded by Lopez to approve Resolution No. 2016-58. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes City Clerk Department 20. Resolution No. 2016-59 - A Resolution of the City Council of the City of Vernon Excusing Luz Martinez from Attendance at Meetings of the City Council and Boards and Commissions from September through October 2016 Recommendation: A. Find that excusing the absences of Councilmember Luz Martinez is exempt from California Environmental Quality Act ("CEQA") review, because it is an organizational or administrative activity of government that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378. Moreover, even if the activity in question were a project, it would be exempt from CEQA review, in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and Page 6 of 8 Regular City Council Meeting Minutes October 18, 2016 B. Adopt a Resolution of the City Council of the City of Vernon excusing Luz Martinez from attendance at meetings of the City Council and Boards and Commissions from September through October 2016. City Clerk Ayala reported on the proposed. Mayor Pro-Tem Woodruff-Perez inquired about Councilmember Martinez's return. City Clerk Ayala responded that Councilmember Martinez informed the City she would return for the first meeting in November. It was moved by Woodruff-Perez and seconded by Lopez to approve Resolution 2016-59. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes Gas and Electric Department 21. Resolution No. 2016-60 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Vernon Gas & Electric Department Resource Adequacy Plan for 2017, which Includes the Peak Demand Forecast, the Planning Reserve Margin,the Qualifying Capacity Criteria and the Qualifying Capacity from such Resources, City's Resource Adequacy and Supply Data and approves the Resources Used to Satisfy the California Independent System Operator's Tariff Requirements Recommendation: A. Find that the approval of the City of Vernon Gas & Electric Department Resource Adequacy Plan for 2017 referenced in this document is exempt under the California Environmental Quality Act ("CEQA"), because it is an administrative activity and therefore does not constitute a "project" under CEQA Guidelines section 15378(b)(2); and even if the adoption of the proposed item did constitute a project, it would be exempt in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment; and B. Adopt the Resolution establishing the City of Vernon Gas & Electric Department Resource Adequacy Plan for 2017 that adopts: 1. The approval of the coincident peak Demand Forecast for 2017; 2. The approval to retain the same 15%Reserve Margin for planning purposes; 3. The approval of the Qualifying Capacity Criteria that will be used for determining qualifying resource types and the Qualifying Capacity from such resources; 4. The approval of the City's annual and monthly Resource Adequacy and Supply data; 5. The approval of the Resource Adequacy resources that will be counted on to satisfy the City's Local Capacity Requirement and Flexible Resource Adequacy Capacity Requirement for 2017. C. Authorize staff to submit the City of Vernon Gas&Electric Department's Resource Adequacy Plan for 2017 and the Monthly Resource Adequacy and Supply data to the California Independent System Operator. Director Nguyen reported on the proposed. Page 7 of 8 Regular City Council Meeting Minutes October 18, 2016 Mayor Davis inquired about the megawatt load in the City of Vernon. Staff responded that the City had a 121 megawatt load and since 2009/2010 usage has slowly declined. It was moved by Woodruff-Perez and seconded by Ybarra to approve Resolution No. 2016-60. Motion carried, 4-0. Davis: Yes Woodruff-Perez: Yes Martinez: Absent Ybarra: Yes Lopez: Yes ORAL REPORTS 22. City Administrator Reports—brief reports on activities and other brief announcements by the City Administrator and Department Heads. Police Captain Michael Gillman reported on an employee theft at a local business and stolen credit card crime. Interim Fire Chief Andrew Guth briefly thanked the Council and staff and reminded everyone of the great shakeout earthquake drill. Director of Public Works,Water and Development Services Derek Wieske provided a brief update on Measure M issues. Director of Gas and Electric Kelly Nguyen reported on one outage on October 17 that lasted 2 hours 52 minutes. Finance Director William Fox gave a brief update on the Moody's bond review. City Clerk Maria Ayala provided a brief report on voter outreach for the Presidential Election and the upcoming City of Vernon Election. City Administrator Carlos Fandino provided a brief report on the following: continued recruitment of a Fire Chief; Halloween event at City Hall; League of Cities Conference; and briefly shared about an employee who had recently suffer a serious accident(outside of work hours). 23. City Council Reports—brief AB 1234 reports, or report on: activities, announcements, or directives to staff. Councilmember Ybarra requested that staff look into and provide a report on multi-use housing and possible locations. Director Wieske and City Administrator Fandino stated that they would explore the issue. With no further business, at 10:11 a.m., Mayor Davis adjourned the meeting. William J. Davis Mayor ATTEST: Maria E. Ayala City Clerk Page 8 of 8 R : F�, "=D w }� RECEIVED OCT 2 m 2016 *V`°�` * OCT 2 5 201 v 6 cffy Can OFFICE STAFF REPORT CITY ADMINISTRATION FINANCE/TREASURY DEPARTMENT `®-2C•_��,. DATE: October 25, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director ' RE: City Warrant Register for City Council Agenda of November 1, 2016 It is recommended that the attached City Warrant Register No. 1459 be approved at the City Council meeting of November 1, 2016. City Warrant Register No. 1459 totals $728,705.21, and covers claims and demands presented during the period of October 11 through October 24, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of City Warrant Register No. 1459: 1. Ratification of wire transfers totaling $505,840.53; 2. Ratification of the issuance of early checks totaling $79,987.70; and 3. Authorization to issue pending checks totaling $142,876.98. 4. Voided check No. 352642 totaling $49,983.10. Off- fr r 'te. CITY OF VERNON '• WARRANT REGISTER NO. 1459 VL F „ NOVEMBER 1, 2016 �4fiir x0'�.•} I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: Void Checks: 352642 William Fox Finance Director Date: Printed:10/25/2016 11:35:04AM Pape 2 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT ICMA RETIREMENT TRUST 457 011.210220 31,982.64 Deferred Compensation: Payment Ben192715 1473 10/13/2016 31,982.64 CALPERS 011.210240 450,095.19 PERS Contributions: Payment Ben192717 1474 011.210240 242.73 PERS Survivor's Benefit: Payment Ben192717 1474 011.210240 1,165.87 PERS Buy-back: Payment Ben192717 1474 011.210240 -698.42 A. Hunter-BenDed to be Refunded on Ben192717 1474 011.1004.502020 -0.10 PERS Contributions:Adjustment Ben192717 1474 10/14/2016 450,805.27 CITY OF VERNON, FSAACCOUNT 011.100013 496.31 FSA- Dependent: Payment Ben192723 1475 011.100013 223.07 FSA-Medical: Payment Ben192723 1475 10/13/2016 719.38 STATE DISBURSEMENT UNIT 011.210260 2,012.84 Child Support: Payment Ben192725 1476 10/17/2016 2,012.84 CALPERS 011.1015.595200 2,500.00 GASB 68 Reporting Service Fee 100000014838455 1477 09/22/2016 2,500.00 CALPERS 011.1015.595200 2,500.00 GASB 68 Reporting Service Fee 100000014838456 1478 09/22/2016 2,500.00 INC AON RISK INSURANCE SVCS 011.1004.503035 2,230.00 Business Auto Physical Damage 101316 1479 WE 10/18/2016 2,230.00 LLP MAYER BROWN 011.1002.596200 6,350.00 Independent Reform Matter 35204796 1480 Printed:10/25/2016 11:35:04AM Page 3 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 10/18/2016 6,350.00 VERIZON WIRELESS 011.9019.560010 25.21 Period: 09/16 090716_MULTIPL 1481 E 011.9019.560010 41.32 Period:09/16 090716_MULTIPL 1481 E 011.9019.560010 667.01 Period: 09/16 090716_MULTIPL 1481 E 011.9019.560010 496.47 Period: 09/16 090716_MULTIPL 1481 E 011.9019.560010 1,374.56 Period:09/16 090716_MULTIPL 1481 E 011.9019.560010 1,650.16 Period:09/16 090716_MULTIPL 1481 E 011.9019.560010 254.42 Period:09/16 090716_MULTIPL 1481 E 011.9019.560010 296.95 Period: 09/16 090716_MULTIPL 1481 E 011.9019.560010 1,843.41 Period: 09/16 090716_MULTIPL 1481 E 011.9019.560010 90.89 Period: 09/16 090716_MULTIPL 1481 E 10/21/2016 6,740.40 TOTAL WIRES $ 505,840.53 Printed:10/25/2016 11:35:04AM Paqe 4 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC CAINE&WEINER COMPANY 011.1033.467100 60.31 Collection Services 474623 352629 10/11/2016 60.31 CALIFORNIA WATER SERVICE CO 011.1033.560000 97.17 Period: 09/16 092316 352630 011.1043.560000 88.85 Period: 09/16 092316(2) 352630 10/11/2016 186.02 INTERNATIONAL CODE COUNCIL 011.1041.596600 4,144.94 Code Books for Bldg Dept Inspectors 1000726743 352631 10/11/2016 4,144.94 SO CAL EDISON 011.1043.560000 33.02 Period 09/16 092916(2) 352632 10/11/2016 33.02 SO CAL EDISON 011.1048.560000 12.96 Period 09/16 100116 352633 011.1048.560000 13.13 Period 09/16 100116(2) 352633 10/11/2016 26.09 LLC SOLOMON PAGE GROUP 011.1016.501010 1,144.00 Temp Services/A. Luu 453965 352634 10/11/2016 1,144.00 ALFRED SOTELO 011.1026.459030 119.44 Reimb. of Prepaid Health Premiums 093016 352635 10/11/2016 119.44 SOUTH COAST AQMD 011.1049.596200 1,274.40 1 C E(50-500 HP) EM ELEC 3002564 352636 GEN-DIESEL 011.1049.596200 124.35 FY 16-17 Emissions 3003974 352636 10/11/2016 1,398.75 SANDRA D BINGMAN 011.210260 2,000.00 GARNISHMENT: Payment Ben192709 352637 Printed:10/25/2016 11:35:04AM Page 5 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 10/13/2016 2,000.00 URENA DENISE 011.1026.597000 70.00 Pre-Employment Live Scan 101116 352638 10/13/2016 70.00 DIV OF THE STATE ARCHITECT 011.200235 73.20 3rd Qtr 2016 SB 1186 101216 352639 10/13/2016 73.20 FEDEX 011.1026.520000 271.40 Period: 09/16 557054810 352640 011.1003.520000 36.80 Period: 09/16 557054810 352640 011.1031.520000 30.88 Period: 09/16 557054810 352640 10/13/2016 339.08 FRANCHISE TAX BOARD 011.210260 180.00 Garnishment: Payment Ben192713 352641 10/13/2016 180.00 INC GE MOBILE WATER 011.1033.520000 90.16 Maintenance 98314860 352643 011.1033.520000 98.88 Maintenance 98314861 352643 011.1033.520000 90.16 Maintenance 98315666 352643 011.1033.520000 113.36 Supplies 98325376 352643 011.1033.520000 56.68 Supplies 98325377 352643 011.1033.520000 90.16 Maintenance 98353113 352643 011.1033.520000 98.88 Maintenance 98353114 352643 011.1033.520000 90.16 Maintenance 98353815 352643 011.1033.520000 56.68 Supplies 98363165 352643 011.1033.520000 56.68 Supplies 98363257 352643 Printed:10/25/2016 11:35:04AM Page 6 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC GE MOBILE WATER 011.1033.520000 90.16 Maintenance 98399145 352643 011.1033.520000 90.16 Maintenance 98400112 352643 011.1033.520000 56.68 Supplies 98402109 352643 011.1033.520000 140.74 Maintenance&Supplies 98402110 352643 011.1033.520000 98.88 Maintenance 98429426 352643 011.1033.520000 98.88 Maintenance 98446653 352643 10/13/2016 1,417.30 IBEW LOCAL 47 011.210250 3,380.14 IBEW Dues: Payment Ben192707 352644 10/13/2016 3,380.14 LATESTING 011.1048.900000 42.00 4323 Furlong/Excavation 32241143 352645 10/13/2016 42.00 WILLIAM MCCORMICK 011.1048.530015 388.36 Reimb. Possessory Interest Tax- 101216 352646 10/13/2016 388.36 MERRIMAC ENERGY GROUP 011.120010 3,692.15 Diesel Fuel 2162405 011.0011856 352647 011.120010 349.76 State Diesel Excise Tax 2162405 011.0011856 352647 011.120010 2.19 Lust Fee 2162405 011.0011856 352647 011.120010 397.14 Clear Diesel Sales Tax 2162405 352647 011.120010 6,447.67 Unleaded Fuel 2162406 011.0011856 352647 011.120010 12.85 CA Enviro/Fed Oil Spill Tax 2162406 011.0011856 352647 011.120010 10.15 AB32 Fee Phase 3&4 2162406 011.0011856 352647 011.120010 1,014.98 State Gasoline Excise Tax 2162406 011.0011856 352647 011.120010 3.65 Lust Fee 2162406 011.0011856 352647 Printed:10/25/2016 11:35:04AM Page 7 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT MERRIMAC ENERGY GROUP 011.120010 280.82 Sales Tax 3.75% 2162406 352647 10/13/2016 12,211.36 POSITIVE LAB SERVICE 011.1048.900000 404.25 Lab Services 56851 352648 011.1048.900000 462.00 Lab Services 56852 352648 10/13/2016 866.25 MICHAEL SHEHATA 011.9019.520010 70.84 Laptop Repair Kit for City Attorney 101116 352649 10/13/2016 70.84 TRI-CITY MUTUAL WATER 011.1033.560000 157.50 Period:09/16 100116 352650 COMPANY 10/13/2016 157.50 VERNON FIREMENS ASSOCIATION 011.210250 3,365.00 Fire House Fund: Payment Ben192711 352651 10/13/2016 3,365.00 BENEFIT ASSOCIATION VERNON 011.210250 1,837.75 Police Association Member Dues: Ben192705 352652 POL Payment 10/13/2016 1,837.75 MELISSAYBARRA 011.1048.530015 647.48 Reimb. Possessory Interest Tax— 100416 352653 10/13/2016 647.48 PAUL CERDA JR 011.1031.596500 16.20 Firearms/Tactical Rifle Adv 091416 352654 10/18/2016 16.20 WHATLEY, PC COLANTUONO, 011.1024.593200 303.00 Professional Services 31707 352655 HIGHSM Printed:10/25/2016 11:35:04AM Page 8 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 10/18/2016 303.00 INC CROWN CASTLE USA 011.230230 5,000.00 Sec. Dep. Reimb.for E-2015-0253 100616 352656 10/18/2016 5,000.00 MICHAEL DOCHERTY 011.1031.596500 94.72 S.B. Mass Shootings"Lessons Learned" 100516 352657 10/18/2016 94.72 MIGUEL HERNANDEZ JR 011.1031.596500 263.52 Public Safety Honor Guard School 090116 352658 011.1031.596700 87.00 Public Safety Honor Guard School 090116 352658 10/18/2016 350.52 GUSTAVO HERRERA 011.1031.596500 113.64 SFST Training Announcement 090616 352659 10/18/2016 113.64 RAFAEL LANDA 011.1031.596700 87.00 Public Safety Honor Guard School 090116 352660 10/18/2016 87.00 MARIA MADRIGAL 011.1031.596500 27.00 Firearms/Tactical Rifle Adv 091416 352661 10/18/2016 27.00 NEWMIRE, BRENDA 011.1048.530015 432.35 Reim for Poss. Int Tax FY 2015-2016— 101316 352662 10/18/2016 432.35 TODD NEWTON 011.1031.596500 113.64 SFST Training Announcement 090616 352663 10/18/2016 113.64 CARLOS OURIQUE 011.1031.596500 113.64 SFST Training Announcement 090616 352664 10/18/2016 113.64 Printed:10/25/2016 11:35:04AM Paqe 9 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SUSAN SAXE-CLIFFORD, PH.D. 011.1026.597000 400.00 Professional Services 1610041 352665 10/18/2016 400.00 PHILLIP SWINFORD 011.1031.596500 17.28 Firearms/Tactical Rifle Adv 091416 352666 10/18/2016 17.28 RICHARD VILLEGAS 011.1031.596500 104.76 Public Safety Honor Guard School 090116 352667 011.1031.596700 87.00 Public Safety Honor Guard School 090116 352667 10/18/2016 191.76 AT&T 011.9019.560010 1,053.94 Period: 09/16 092316_MULTIPL 352668 E 011.9019.560010 17.94 Period: 09/16 092316_MULTIPL 352668 E 011.9019.560010 1,097.29 Period: 09/16 092316_MULTIPL 352668 E 011.9019.560010 2,473.48 Period: 09/16 092316_MULTIPL 352668 E 011.9019.560010 18.36 Period: 09/16 092316_MULTIPL 352668 E 011.9019.560010 20.27 Period: 09/16 092316_MULTIPL 352668 E 10/20/2016 4,681.28 VERONICA AVENDANO 011.1026.596500 42.55 Mileage Reimbursement 100416 352669 011.1026.596500 398.44 Neogov Conference 101816 352669 10/20/2016 440.99 CRAIG WELDING SUPPLY CO 011.1047.520000 20.00 Welding supplies— 615090 011.0011692 352670 Printed:10/25/2016 11:35:04AM Paqe 10 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CRAIG WELDING SUPPLY CO 011.1047.520000 20.00 Welding supplies- 615636 011.0011692 352670 011.1047.520000 20.00 Welding supplies- 616136 011.0011692 352670 10/20/2016 60.00 DR DAVID N STEIN 011.1043.502030 431.00 Vision Benefits:Y. Rodriguez 091916(4) 352671 10/20/2016 431.00 INC F GAVINA&SONS 011.120010 691.20 0500-100 Regular Coffee,42- 1.5 oz. 3577913 011.0011942 352672 011.120010 109.52 0500-110 DeCaf Coffee,42- 1.5 oz. 3577913 011.0011942 352672 011.120010 1,824.00 0500-200 Coffee Beans,5 lbs. per bag, 3577913 011.0011942 352672 011.120010 601.08 0500-210 French Vanilla Powder,#546. 3577913 011.0011942 352672 011.120010 546.00 0500-220 Chocolate Powder,#665. 3577913 011.0011942 352672 011.120010 673.76 0500-230 Cream Powder. 3577913 011.0011942 352672 10/20/2016 4,445.56 HOME DEPOT CREDIT SERVICES 011.1033.520000 599.84 Small tools&plumbing hardware- 092316_MULTIPL 011.0011760 352673 E 011.1043.520000 986.85 Tools and plumbing hardware.- 092716_MULTIPL 011.0011703 352673 E 011.1046.520000 47.55 Tools and plumbing hardware.- 092716_MULTIPL 011.0011703 352673 E 011.1047.520000 433.82 Tools and plumbing hardware.- 092716_MULTIPL 011.0011703 352673 E 011.1048.520000 81.59 Tools and plumbing hardware.- 092716_MULTIPL 011.0011703 352673 E 011.1049.520000 731.51 Tools and plumbing hardware.- 092716_MULTIPL 011.0011703 352673 E 10/20/2016 2,881.16 Printed:10/25/2016 11:35:04AM Page 11 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT KRONICK, MOSKOVITZ, 011.1023.900000 5,088.46 Legal and related services to assist 281066 011.0008633 352674 TIEDEMANN, 10/20/2016 5,088.46 LLC LEVEL 3 COMMUNICATIONS 057.1057.500173 4,532.31 Fiber Optic Internet Access Contract 47243541 057.0000051 352675 10/20/2016 4,532.31 OFFICE DEPOT 011.9019.520000 158.32 Office Supplies, Order#859716744001 082916_MULTIPL 011.0011841 352676 E 011.9019.520000 14.24 Sales Tax 082916_MULTIPL 352676 E 011.1033.520000 348.17 Office Supplies, Order#857846821 083016_MULTIPL 011.0011839 352676 E 011 1033.520000 31.33 Sales Tax 083016_MULTIPL 352676 E 011.1043.520000 110.08 Office Supplies, Order#865770129 092616_MULTIPL 011.0011891 352676 E 011 1041.520000 245.41 Office Supplies, Order#865770129 092616_MULTIPL 011.0011891 352676 E 011.1040.520000 34.32 Office Supplies, Order#865770129 092616_MULTIPL 011.0011891 352676 E 020.1084.520000 23.49 Office Supplies, Order#865770129 092616_MULTIPL 011.0011891 352676 E 011.1043.520000 9.92 Sales Tax 092616_MULTIPL 352676 E 011.1041.520000 22.11 Sales Tax 092616_MULTIPL 352676 E 011.1040.520000 3.09 Sales Tax 092616_MULTIPL 352676 E 020.1084.520000 2.12 Sales Tax 092616_MULTIPL 352676 E Printed:10/25/2016 11:35:04AM Page 12 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT OFFICE DEPOT 011.120010 657.60 Office Supplies, Order#860900827 860900827001 011.0011844 352676 011.120010 401.22 Same as above,taxable 860900827001 011.0011844 352676 020.1084.520000 3.37 Same as above,taxable 860900827001 011.0011844 352676 011.120010 36.10 Sales Tax 860900827001 352676 020.1084.520000 0.30 Sales Tax 860900827001 352676 020.1084.520000 65.16 Office Supplies, Order#860902293 860902293001 011.0011888 352676 020.1084.520000 5.86 Sales Tax 860902293001 352676 011.1004.520000 130.68 Office Supplies, Order#860919088001 860919088001 011.0011843 352676 011.1004.520000 11.76 Sales Tax 860919088001 352676 011.1033.520000 113.35 Office Supplies, Order#866270101 866270101001 011.0011892 352676 011.1033.520000 10.20 Sales Tax 866270101001 352676 10/20/2016 2,438.20 INC PROMOSHOP 011.1026.596900 1,874.80 Blackpen Grande 092616 352677 10/20/2016 1,874.80 ANA RUEDA 011.1026.596500 262.18 Neogov Conference 101716 352678 10/20/2016 262.18 SO CAL EDISON 011.1042.560000 207.83 Period: 09/16 100616 352679 10/20/2016 207.83 LLC SOLOMON PAGE GROUP 011.1016.501010 858.00 Temp Services/A. Luu 456585 352680 10/20/2016 858.00 SPRINT 011.9019.560010 32.41 Period: 09/16 677975318179 352681 Printed:10/25/2016 11:35:04AM Paqe 13 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT 10/20/2016 32.41 STAPLES ADVANTAGE 011.1033.520000 395.78 Office Supplies, Order#7161577455 8040851795 011.0011842 352682 011.1033.520000 35.62 Sales Tax 8040851795 352682 10/20/2016 431.40 THE GAS COMPANY 011.1033.560000 4.82 Period: 09/09- 10/08 101116 352683 011.1033.560000 142.63 Period: 09/08-10/07 101116(2) 352683 011.1033.560000 45.96 Period:09/09- 10/08 101116(3) 352683 011.1033.560000 91.58 Period:09/09- 10/08 101116(4) 352683 011.1048.560000 22.21 Period:09/09- 10/08 101116(5) 352683 011.1049.560000 97.15 Period: 09/12- 10/10 101216 352683 011.1043.560000 48.57 Period: 09/12- 10/10 101216 352683 020.1084.560000 48.58 Period: 09/12- 10/10 101216 352683 011.1049.560000 159.53 Period: 09/12- 10/10 101216(2) 352683 10/20/2016 661.03 UPS 011.1041.520000 74.23 Period: 10/16 933312416 352684 011.1033.520000 22.28 Period: 10/16 933312416 352684 10/20/2016 96.51 LLC WEBCO LB 011.1043.590000 9,145.00 Street Sweeping Services 09/16 LB2872 352685 10/20/2016 9,145.00 TOTAL EARLY CHECKS $ 79,987.70 Printed:10/25/2016 11:35:04AM Page 14 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT INC AAND A FLEET PAINTING 011.1041.410210 300.00 Refund: Duplicate App. 6140 Alcoa Ave 092916 352686 300.00 AFC HYDRAULIC SEALS&REPAIR 011.1046.520000 68.00 Seal kit 3" rod X 5"bore 23665 011.0011880 352687 011.1046.520000 175.00 Re-Chrome rod 3"X 18" 23665 011.0011880 352687 011.1046.520000 67.00 Chevron hydraulic oil AW 32(5gal.pl) 23665 011.0011880 352687 011.1046.590000 225.00 Labor to assemble cylinder, hone 23665 011.0011880 352687 011.1046.590000 450.00 Labor to remove and install cylinder 23665 011.0011880 352687 011.1046.520000 27.90 Sales Tax 23665 352687 1,012.90 INC AMBIENT ENVIRONMENTAL 011.1049.590000 900.00 Asbestos Survey&Work Plan 7054 352688 900.00 INC ANGEL CITY DATA 011.1036.590000 50.00 Design, Dvlpmt,and Maintenance 14687 352689 50.00 CLAUDIAARELLANO 011.1043.596500 18.04 Cap&Trade Funding Workshop 101116 352690 18.04 BANK OF NEW YORK MELLON, 011.1004.595200 2,482.00 Admin Fee 09/16-09/17 2521974864 352691 TRUST 2,482.00 BATTERY SYSTEMS INC 011.1046.520000 211.48 Vehicle Batteries— 092816_MULTIPL 011.0011683 352692 E 211.48 Printed:10/25/2016 1135:04AM Page 15 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT VEHICLES BLACK&WHITE 011.4031.850000 390.00 Labor Charge: Installation of Panasonic 1467 011.0010413 352693 EMERGEN 011.1031.570000 342.00 Item No. MMSU-1— 1536 011.0011837 352693 011.1031.570000 170.00 Install Magnetic Mics into Patrol Unit 1536 011.0011837 352693 011.1031.570000 30.78 Sales Tax 1536 352693 932.78 MICHAEL BUSCH 011.1033.502030 150.00 Vision Benefits/M. Busch 100416 352694 150.00 CAL DEPT OF PUBLIC HEALTH 011.1060.596550 175.00 Renewal Application: K.Allen 101216 352695 175.00 CALIFORNIA FRAME&AXLE 011.1046.520000 638.17 Repairs— 092716_MULTIPL 011.0011681 352696 E 638.17 CAMINO REAL CHEVROLET 011.1046.520000 386.87 Auto Supplies— 091916_MULTIPL 011.0011682 352697 E 386.87 CALPORTLAND COMPANY 020.1084.520000 571.36 Supplies 92978248 352698 020.1084.520000 708.92 Supplies 93012369 352698 1,280.28 CDW GOVERNMENT, INC. 057.1057.520000 172.94 NETGEAR N750 Dual Band Gigabit WiFi FLT9604 057.0000067 352699 057.1057.520000 15.56 Sales Tax FLT9604 352699 057.1057.520000 422.28 NETGEAR AC1750 WiFi Cable Modem FMC4974 057.0000067 352699 Router Printed:10/25/2016 11:35:04AM Pape 16 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT CDW GOVERNMENT, INC. 057.1057.520000 38.01 Sales Tax FMC4974 352699 011.9019.520010 143.56 Honeywell Hepa Air Purifier- FMC5756,FNN718 011.0011813 352699 7 011.9019.520010 12.92 Sales Tax FMC5756,FNN718 352699 7 011.9019.520010 390.95 Microsoft Surface 65W Power Supply FMT5430 011.0011908 352699 011.9019.520010 69.28 Dell Slipcase- notebook carrying case FMT5430 011.0011908 352699 011.9019.520010 96.00 Microsoft Wireless Mobile Mouse 1850 FMT5430 011.0011908 352699 011.9019.520010 43.84 Sales Tax FMT5430 352699 011.9019.520010 6.23 Sales Tax FMT5430 352699 011.9019.520010 1,014.05 Apple 12.9-inch iPad Pro Wi-Fi-tablet FNC1274 011.0011908 352699 011.9019.520010 3.00 Freight FNC1274 011.0011908 352699 011.9019.520010 91.26 Sales Tax FNC1274 352699 011.9019.520010 1,679.24 VIZIO D65-D2 D-Series-65" LED TV-- FNS4171 011.0011937 352699 011.9019.520010 289.50 Peerless ST670 Tilt Wall Mounting Kit- FNS4171 011.0011937 352699 011.9019.520010 10.00 RECYCLING FEE 35"AND OVER— FNS4171 011.0011937 352699 011.9019.520010 177.19 Sales Tax FNS4171 352699 011.9019.520010 23.27 Bytecc BT-144 Floppy Disk Drive- FNS8021 011.0011937 352699 011.9019.520010 2.09 Sales Tax FNS8021 352699 4,701.17 MATTHEW CEBALLOS 011.1003.502030 395.00 Vision Benefits/M. Ceballos 101716 352700 011.1003.502030 395.00 Vision Benefits/L. Ceballos 101716(2) 352700 790.00 Printed:10/25/2016 11:35:04AM Page 17 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT CENTRAL FORD 011.1046.520000 842.75 Auto Parts— 092916_MULTIPL 011.0011705 352701 E 842.75 ERIK CHENG 011.1060.596500 19.44 Emergency Response 090716 352702 19.44 CITY OF HUNTINGTON PARK 011.1031.594200 3,654.75 Prisoner Booking 07/16 17793 352703 3,654.75 INC CROSSPOINT NETWORK 011.9019.520010 750.00 MiCollab Client License-Softphone x1 13276 011.0011934 352704 SOLUTIO 011.9019.520010 -75.00 Discount 13276 011.0011934 352704 675.00 CURRENT WHOLESALE ELECTRIC 011.1049.520000 905.72 Electrical and hardware supplies— 092116_MULTIPLE 011.0011691 352705 011.1048.590000 3,968.00 Cimarron (CL1) LED fixtures, model 243231 011.0011803 352705 011.1048.590000 357.12 Sales Tax 243231 352705 011.1049.520000 1,424.00 CWLL-GPA520-3-4R-S18-3E81, light 243269 011.0011834 352705 011.1049.520000 128.16 Sales Tax 243269 352705 6,783.00 DANGELO CO 011.120010 899.11 Water parts— S1288033001 011.0011694 352706 020.1084.520000 2,046.31 HYMAX 14" Fig.Adapter 15.00- 17.10, S1288296001 011.0011909 352706 020.1084.520000 184.17 Sales Tax S1288296001 352706 3,129.59 WILLIAM DAVIS 011.1001.596500 339.89 League of CA Cities Annual Conference 101716 352707 Printed:10/25/2016 11:35:04AM Paqe 18 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 339.89 DEPT OF TOXIC SUBSTANCES 011.1060.596550 765.00 Annual Verification Questionnaire 100516 352708 CTRL 765.00 DR.JOSEPH HSU 011.1043.502030 450.00 Vision Benefits/A. Melendez 100316 352709 011.1043.502030 450.00 Vision Benefits/J. Hsu 100316(2) 352709 900.00 INC EASTERN GROUP 011.1043.596200 150.00 Request for Proposals— 44398 352710 PUBLICATIONS 150.00 FIRE APPARATUS SOLUTIONS 011.1033.570000 1,824.59 Repairs 10619 352711 011.1033.570000 997.46 Repairs 10620 352711 011.1033.570000 1,039.53 Repairs 10621 352711 011.1033.570000 1,411.25 Repairs 10622 352711 011.1033.570000 155.26 Repairs 10623 352711 011.1033.570000 1,482.33 Repairs 10624 352711 011.1033.570000 115.60 Repairs 10625 352711 7,026.02 INC FLEMING ENVIRONMENTAL 011.1049.590000 475.00 Designated Operator Site Inspections 11948 352712 475.00 GARVEY EQUIPMENT COMPANY 011.1046.520000 771.30 Hardware Supplies- 093016_MULTIPIL 011.0011680 352713 E Printed:10/25/2016 11:35:04AM Page 19 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 771.30 INC GE MOBILE WATER 011.1033.520000 90.16 Maintenance 98446652 352714 011.1033.520000 90.16 Maintenance 98447484 352714 011.1033.520000 56.68 Supplies 98462301 352714 237.00 GOVCONNECTION, INC. 011.9019.520010 3,343.58 Item Number: 31838050— 54186698 011.0011935 352715 011.9019.520010 784.05 Item Number:16513151— 54186698 011.0011935 352715 011.9019.520010 3.00 State Environmental Fee 54186698 011.0011935 352715 011.9019.520010 371.48 Sales Tax 54186698 352715 4,502.11 H&H WHOLESALE PARTS 011.1046.520000 62.64 ACD 10-9230 engine oil 11NO117530 011.0011879 352716 011.1046.520000 195.40 ACD 17D1194CH rear brake pads 11NO117530 011.0011879 352716 011.1046.520000 103.20 X05W20QSP engine oil 11NO117530 011.0011879 352716 011.1046.520000 32.51 Sales Tax 11NO117530 352716 393.75 CONSTRUCTION SUPPLY HD 011.1049.520000 131.59 Hardware supplies— 10005710751 011.0011693 352717 SUPPLY 011.120010 144.46 Hardware supplies— 10005710751 011.0011693 352717 011.120010 1,046.96 Hardware supplies— 50005006283 011.0011693 352717 1,323.01 COREY HERNANDEZ 011.1026.596800 554.47 Tuition Reimbursement 090116 352718 554.47 Printed:10/25/2016 11:35:04AM Page 20 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT HI-LINE INC 011.120010 182.04 0270-100 CRC Cutting Oil,#AS33. 10482734 011.0011798 352719 011.120010 10.81 Freight 10482734 011.0011798 352719 011.120010 16.38 Sales Tax 10482734 352719 209.23 HOME DEPOT CREDIT SERVICES 011.120010 665.28 0730-060 60 lb. bags of Quikrete 082416_MULTIPL 011.0011802 352720 E(3) 011.120010 278.95 0730-100 94 lb. bags of Portland 082416_MULTIPL 011.0011802 352720 E(3) 011.120010 60.00 Pallet Fee 082416_MULTIPL 011.0011802 352720 E(3) 011.120010 -127.70 Discount 082416_MULTIPL 011.0011802 352720 E(3) 011.120010 89.00 Freight 082416_MULTIPL 011.0011802 352720 E(3) 011.120010 98.39 Sales Tax 082416_MULTIPL 352720 E(3) 1,063.92 INSIGHT PUBLIC SECTOR, INC 011.9019.520010 132.56 Material: DS-DA-602- 1100499369 011.0011870 352721 011.9019.520010 11.93 Sales Tax 1100499369 352721 144.49 INC INTERWEST CONSULTING 011.1041.595200 4,104.00 Professional Services 29201 352722 GROUP 4,104.00 JACK'S MUFFLER SERVICE 011.1046.520000 185.00 418005 catalytic converter 7272 011.0011918 352723 011.1046.590000 90.00 Labor to replace catalytic converter 7272 011.0011918 352723 Printed:10/25/2016 11:35:04AM Page 21 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT JACK'S MUFFLER SERVICE 011.1046.520000 16.65 Sales Tax 7272 352723 291.65 INC JERRY'S AUTO BODY 011.1046.520000 15.00 Paint and material to repair cracked 30310 011.0011913 352724 011.1046.590000 60.00 Labor to repair cracked switch housing 30310 011.0011913 352724 011.1046.520000 1.35 Sales Tax 30310 352724 76.35 JETRO 011.1049.520000 741.60 Arrowhead Bottled Water, Screw On Cap, 201829 011.0011853 352725 011.1049.520000 57.90 Arrowhead Bottled Water,6 gal. per 201829 011.0011853 352725 011.1049.520000 71.96 Sales Tax 201829 352725 871.46 LINDAJOHNSON 011.1061.596500 57.61 Enforcement Advisory Council 090816 352726 57.61 LLC JSB FIRE PROTECTION 011.1033.595200 3,399.71 Professional Services 16209 352727 3,399.71 JUDICIAL DATA SYSTEMS CORP 011.1031.594200 100.00 Parking Activity 08/16 6246 352728 100.00 KJ SERVICES 011.1060.596200 247.20 Recycling Program Activities 09/16 8730 352729 247.20 LA COUNTY ASSESSOR OFFICE 011.9019.590110 400.00 City of Vernon will receive parcel data 092216_MULTIPL 011.0011950 352730 E 400.00 Printed:10/25/2016 11:35:04AM Page 22 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT LB JOHNSON HARDWARE CO#1 011.1046.520000 105.48 Plumbing and building hardware— 092916_MULTIPL 011.0011689 352731 E 011.1048.520000 12.82 Plumbing and building hardware— 092916_MULTIPL 011.0011689 352731 E 011.1049.520000 129.63 Plumbing and building hardware— 092916_MULTIPL 011.0011689 352731 E 020.1084.520000 55.43 Plumbing and building hardware— 092916_MULTIPL 011.0011689 352731 E 011.1033.520000 42.75 Hardware Supplies— 684475 011.0011759 352731 346.11 INC LIFE ASSIST 011.1033.520000 1,259.56 Medical Supplies— 765271 011.0011740 352732 1,259.56 LN CURTIS&SONS 011.1033.520000 230.50 CMC Anchor Straps Large— INV56063 011.0011895 352733 011.1033.520000 20.75 Sales Tax INV56063 352733 251.25 LOPEZ&LOPEZ TIRE SERVICE 011.1046.520000 1,115.25 Repairs-- 092916_MULTIPL 011.0011687 352734 E 1,115.25 RORY MOORE 011.1033.502030 328.97 Vision Benefits/M. Moore 100616 352735 011.1033.502030 244.00 Vision Benefits/R. Moore 100616(2) 352735 572.97 NAPAAUTO PARTS 011.1046.520000 2,216.26 Auto Parts- 092916_MULTIPL 011.0011735 352736 E 2,216.26 Printed:10/25/2016 11:35:04AM Page 23 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT NAPA AUTO PARTS 011.1046.590000 214.00 Pro-demand 5 repair manual up to NAPATracs(2) 011.0011876 352737 medium 214.00 NETTRANSCRIPTS, INC. 011.1031.596200 33.75 Transcription Services 96321N 352738 33.75 UPHOLSTERY NICK ALEXANDER 011.1046.520000 35.50 Material to reupholster seat 3291 011.0011915 352739 REST 011.1046.590000 95.00 Labor 3291 011.0011915 352739 011.1046.520000 3.20 Sales Tax 3291 352739 011.1046.520000 37.50 Material to reupholster drivers seat 3292 011.0011881 352739 011.1046.590000 75.00 Labor to reupholster drivers seat 3292 011.0011881 352739 011.1046.520000 3.38 Sales Tax 3292 352739 011.1046.520000 57.50 Material to reupholster drivers seat 3293 011.0011916 352739 011.1046.590000 165.00 Labor 3293 011.0011916 352739 011.1046.520000 5.18 Sales Tax 3293 352739 477.26 INC NOBEL SYSTEMS 011.9019.860000 7,200.00 Data Conversion for the reminder Area 13931 011.0011468 352740 011.9019.860000 6,300.00 Data Conversion for the reminder Area 13949 011.0011468 352740 13,500.00 LYNDON ONG YIU 011.1060.596500 37.26 Southern CA Food— 092716 352741 37.26 DANIEL ONOPA C-11.1031.540000 536.66 Reimb.for Half the Cost of Bulletproof 100416 352742 Printed:10/25/2016 11:35:04AM Paqe 24 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 536.66 PACER SERVICE CENTER 011.1024.596200 39.50 Electronic Records Service 4278774Q32016 352743 39.50 PLUMBING& INDUSTRIAL SUPPLY 011.1049.520000 165.95 Plumbing and building hardware— 092916_MULTIPL 011.0011690 352744 E 165.95 QUINN CO. 011.1046.520000 8.90 201-1919 lug nuts PC810756558 011.0011914 352745 011.1046.520000 14.50 8T-5439 washers PC810756558 011.0011914 352745 011.1046.520000 59.80 226-4346 rear wheel studs PC810756558 011.0011914 352745 011.1046.520000 15.55 231-0687 front wheel studs PC810756558 011.0011914 352745 011.1046.590000 15.18 Freight PC810756558 011.0011914 352745 011.1046.520000 8.89 Sales Tax PC810756558 352745 122.82 INC RICHARD P GUESS MD 011.1033.596200 750.00 Medical Director Fees 100116 352746 750.00 LLP RUTAN&TUCKER 011.1024.593200 17,058.46 Re: Malkenhorst PERS Litigation 759012 352747 17,058.46 SANDLER BROS. 011.120010 1,470.00 0560-300 Cotton Knit Rags, Rag Bale 1967551N 011.0011886 352748 011.120010 132.30 Sales Tax 1967551N 352748 1,602.30 SANTA FE BUILDING 011.1049.590000 6,368.00 Janitorial Services 09/16 15296 352749 MAINTENANCE Printed:10/25/2016 11:35:04AM Page 25 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 6,368.00 INC SECURITY PAVING COMPANY 020.1084.520000 163.50 Crush Base Materials-- 13738 011.0011704 352750 163.50 SIGNGROUP/KARMAN 011.1031.520000 368.92 Framed Sign 18823 352751 368.92 SILVA'S PRINTING NETWORK 011.1002.520000 54.00 1 Box of 500 Business Cards for Diana 26241 011.0011862 352752 011.1002.520000 4.86 Sales Tax 26241 352752 011.1060.520000 54.00 City of Vernon Health&Environmental 26273 011.0011902 352752 011.1060.520000 64.00 Re-order:— 26273 011.0011902 352752 011.1060.520000 10.62 Sales Tax 26273 352752 011.1004.520000 64.00 Business Cards: Shirley Salas— 26275 011.0011906 352752 011.1016.520000 64.00 Business Cards: Claudia Luna-- 26275 011.0011906 352752 011.1016.520000 64.00 Business Cards: Marisela Martinez— 26275 011.0011906 352752 011.1004.520000 5.76 Sales Tax 26275 352752 011.1016.520000 11.52 Sales Tax 26275 352752 396.76 SOUTHERN CALIFORNIA 011.1049.590000 1,450.00 Professional Services 49654 352753 OVERHEAD 1,450.00 SUPER FORD 011.1046.590000 315.00 Labor only to diagnose and repair 116427 011.0011878 352754 315.00 SUPERIOR CT OF CAL OF LA 011.1031.594200 175.00 Parking Citations 08/16 081216(2) 352755 Printed:10/25/2016 11:35:04AM Paqe 26 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 175.00 INC THE LIGHTHOUSE 011.1046.520000 338.21 Auto Parts— 093016_MULTIPL 011.0011686 352756 E 338.21 THOMSON REUTERS-WEST 011.1024.596600 300.00 West Information Charges 834810047 352757 300.00 JERRICK TORRES 011.1060.596500 277.26 CA Stormwater Quality Assoc. Conf. 091516 352758 277.26 MAURO TRUJILLO 011.1043.596500 18.14 Supervisor&Leadership Training 092916 352759 020.1084.596500 27.22 Supervisor&Leadership Training 092916 352759 45.36 UC REGENTS 011.1033.596200 2,475.00 CE/QI Services 10/16 1633 352760 2,475.00 UPS 011.1033.520000 10.46 Period: 09/16 933312406 352761 011.1041.520000 81.49 Period: 09/16 933312406 352761 91.95 PC US HEALTHWORKS MEDICAL 011.1026.597000 152.00 Medical Services 2991853CA 352762 GROU 152.00 USA BLUE BOOK 020.1084.520000 563.40 4"WIKA Liquid Filled Gauge, 0- 160 70046 011.0011898 352763 020.1084.520000 341.70 2-1/2"Ashcroft Liquid Filled Gauge, 0 70046 011.0011898 352763 Printed:10/25/2016 11:35:04AM Page 27 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT USA BLUE BOOK 020.1084.520000 28.04 Freight 70046 011.0011898 352763 020.1084.520000 83.98 Sales Tax 70046 352763 1,017.12 FERNANDO VALENZUELA 011.1031.502030 226.00 Vision Benefits/F.Valenzuela 100316 352764 226.00 LLP VASQUEZ&COMPANY 011.1004.595200 25,100.00 Professional Services 2160766IN 352765 25,100.00 INC WEST COAST ARBORISTS 011.1043.590000 2,240.00 Tree Maintenance 118675 352766 2,240.00 INC WETIP 011.5031.596200 1,000.00 Annual Membership 3712 352767 1,000.00 WILLIAMS DATA MANAGEMENT 011.1003.596200 1,186.62 Storage Services 376519 352768 1,186.62 LLC WITTMAN ENTERPRISES 011.1033.596200 930.07 Billing Services 1609069 352769 930.07 MELISSA YBARRA 011.1001.596500 66.44 League of Cities 2016 Annual 101816 352770 Conference 66.44 INC ZUMAR INDUSTRIES 011.1049.520000 95.33 Regulatory signs— 090916_MULTIPL 011.0011688 352771 E 011.120010 262.69 Regulatory signs— 090916_MULTIPL 011.0011688 352771 E Printed:10/25/2016 11:35:04AM Page 28 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# NUMBER AMOUNT 358.02 TOTAL PRINTED CHECKS $ 142,876.98 Printed:10/25/2016 11:35:04AM Page 29 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 011 -GENERAL $ 505,840.53 $ 75,306.51 $ 137,454.16 $ 718,601.20 020-WATER 0.00 148.88 4,774.03 4,922.91 057-FIBER OPTIC 0.00 4,532.31 648.79 5,181.10 GRAND TOTAL $ 505,840.53 $ 79,987.70 $ 142,876.98 $ 728,705.21 TOTAL CHECKS TO BE PRINTED 86 Printed:10/25/2016 11:35:04AM Page 30 of 31 CITY OF VERNON WARRANT REGISTER NO. 1459 NOVEMBER 1, 2016 VOID LIST CHECK NUMBER VENDOR NAME AMOUNT 352642 FS CONTRACTORS $ 49,983.10 Printed:10/25/2016 11:35:04AM Page 31 of 31 r F,jr,*. SID ' y ; t RECEIVED OCT 2 5 2016 } STAFF REPORT CITY ADMINISTRATION ,+ 1 FINANCE/TREASURY DEPARTMENT DATE: October 25, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director-lpf&'T� RE: Light & Power Warrant Register for City Council Agenda of November 1, 2016 It is recommended that the attached Light & Power Warrant Register No. 424 be approved at the City Council meeting of November 1, 2016. Light & Power Warrant Register No. 424 totals $6,880,221.15, and covers claims and demands presented during the period of October 11 through October 24, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of Light & Power Warrant Register No. 424: 1. Ratification of wire transfers totaling $6,804,700.31; 2. Ratification of the issuance of early checks totaling $62,040.28; and 3. Authorization to issue pending checks totaling $13,480.56. �Fri# % .� LIGHT& POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 4 *# r V% I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Printed:10/2512016 11:41 11AM PaW 2 of 11 LIGHT & POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O.# ISSUED NUMBER AMOUNT LLC BICENT(CALIFORNIA) 055.9200.500150 -12,631.44 Energy Price Difference CFD9201601 6199 HOOVER 055.9200.500180 237,853.52 Capacity Price Difference CFD9201601 6199 055.9200.5130180 44.053.89 Uprating Credit CFD9201601 6199 055.9200.500150 -7,331.40 CES Costs CFD9201601 6199 10/20/2016 261,944.57 LLC BICENT(CALIFORNIA) 055.9200.500150 342,799.61 Energy Charge 09201601 6200 MALBUR 055.9200.500180 3,407,727.20 Capacity Charge 09201601 6200 055.9200.500150 44,460.00 Implementation Fee 09201601 6200 055.9200.500150 -565.75 Fuel Burden 09201601 6200 10/20/2016 3,794,421.06 LLC BIOFUEL GENERATION 055.9200.500162 18,750.75 Biomethane 08116 RPS82016 6201 SERVICE 10111/2016 18,750.75 CALIFORNIA ISO 055.9200.500150 -8,420.93 Recalculation Charges 09116 201610043133457 6202 808 055.9200.500170 -756.25 Recalculation Charges 09116 201610043133457 6202 808 055.9200.500190 -43.80 Recalculation Charges 09/16 201610043133457 6202 808 055.9200.500210 -16.24 Recalculation Charges 09116 201610043133457 6202 808 055.9200.500150 -691.06 Recalculation Charges 03115 201610043133457 6202 808 Printed:10125/2016 11 41:11AM Paqe 3 of 11 LIGHT& POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.* ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500170 -317.37 Recalculation Charges 03/15 201610043133457 6202 808 055.9200.500190 -0.74 Recalculation Charges 03115 201610043133457 6202 808 065.9200.500150 7,823.53 Initial Charges 10116 201610043133457 6202 808 055.9200.500210 3,928.27 Initial Charges 10/16 201610043133457 6202 808 055.9200.500170 -577.90 Initial Charges 10/16 201610043133457 6202 808 055.9200.500190 -1,444.31 Initial Charges 10/16 201610043133457 6202 808 055.9200.500150 0.08 Recalculation Charges 10/13 201610043133457 6202 808 055.9200.500170 0.02 Recalculation Charges 10/13 201610043133457 6202 808 055.9200.500190 -39.73 Recalculation Charges 10/13 201610043133457 6202 808 055.9200.500150 25,868.75 Initial Charges 09/16 201610043133457 6202 808 055.9200.500170 1,074,513.07 Initial Charges 09/16 201610043133457 6202 808 055.9200.500210 13,772.01 Initial Charges 09/16 201610043133457 6202 808 055.9200.500240 2,067.90 Initial Charges 09116 201610043133457 6202 808 055.9200.500190 -1,555.31 Initial Charges 09/16 201610043133457 6202 808 10/11/2016 1,114,109.99 Pdnled 1012 5/2016 11 41:11AM Pape 4 of 11 LIGHT & POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P_O_# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 -15,964.65 Recalculation Charges 09/16 201610113133486 6203 101 055.9200.500170 -1,926.20 Recalculation Charges 09/16 201610113133486 6203 101 055.9200.500190 34.29 Recalculation Charges 09116 201610113133486 6203 101 055.9200.500210 26.10 Recalculation Charges 09/16 201610113133486 6203 101 055.9200.500150 95,058.29 Initial Charges 10/16 201610113133486 6203 101 055.9200.500210 16,171.66 Initial Charges 10/16 201610113133486 6203 101 056.9200.500170 -17,494.24 Initial Charges 10/16 201610113133486 6203 101 055.9200.500190 -6,208.70 Initial Charges 10116 201610113133486 6203 101 055.9200.500150 1.869.93 Recalculation Charges 12/15 201610113133486 6203 101 055.9200.500190 836.49 Recalculation Charges 12115 201610113133486 6203 101 055.9200.500151 -0.42 Recalculation Charges 12/15 201610113133486 6203 101 055.9200.500170 -81.24 Recalculation Charges 12115 201610113133486 6203 101 055.9200.500150 17.39 Initial Charges 10I16 201610113133486 6203 127 055.9200.500150 -3.92 Recalculation Charges 09/16 201610113133486 6203 127 10/18/2016 72,334.78 Printed:1D12512016 11:41:11AM Pape 5 of 11 LIGHT& POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 WIRES ACCOUNT DATE WIRE VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT CALIFORNIA ISO 055.9200.500150 399,347.13 Collateral Payment 102016 6204 10/20/2016 399,347.13 US DEPARTMENT OF ENERGY 055.9200.500150 29,945.23 Energy Purchase 09/16 GG1766AO916 6205 055.9200.500180 17,873.28 Energy Purchase 09/16 GG1766AO916 6206 055.151000 -44,053.89 Energy Purchase 09/16 GG1766AO916 6205 10/21/2016 3,764.62 LLC EDF TRADING NORTH 055.9200,500180 20,400.00 Energy Purchase 09/16 190030 6206 AMERICA 10/20/2016 20,400.00 LLC INLAND EMPIRE ENERGY 055.9200.500180 17,250.00 Energy Purchases 10/16 1 6207 CENTE 10/11/2016 17,250.00 INC PETRELLI ELECTRIC 055.200400 516,056.50 Electric Service Maintenance 160962 6208 055.200400 339,092.67 Electric Service Maintenance 160963 6208 10/21/2016 855,149.17 POWEREX CORP 055.9200.500150 247,228.24 Energy Purchase 09/16 50747001 6209 10/20/2016 247,228.24 TOTAL WIRES $ 6,804,700.31 Printed'.1Ot2512016 11:41:11AM Page 6 of 11 LIGHT S POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT INC A THRONE CO 055.8100.596200 129.86 Portable Restrooms 477985 512323 055,8100.596200 187.29 Portable Restrooms 478204 512323 055.8100.596200 298.38 Portable Restrooms 479896 512323 055.8100.596200 90.78 Portable Restrooms 480866 512323 055.8100.596200 298.38 Portable Restrooms 483874 512323 10/13/2016 1,004.69 LP BLOOMBERG FINANCE 055.9200.596200 273.00 Market Information Services 5603547361 512324 055.9200.596200 10,980.00 Market Information Services 5603547362 512324 10/13/2016 11,253.00 INC KONECRANES 055.8400.590000 1,540.00 Crane Trouble Shooting SFS52550 512325 10/13/2016 1,540.00 INC MARX BROS FIRE 055.8200,596200 235.00 Fire Extinguisher Services H041085 512326 EXTINGUISHE 055.8400.596200 235.00 Fire Extinguisher Services H041085 512326 10/13/2016 470.00 INC MG ANZ ENTERPRISES 055.9000.900000 2,625.00 Kitchen Breakroom Installation 61105 512327 10/13/2016 2,625.00 SO CAL EDISON 055.9200.560010 729.44 Period 09116 100416 512328 10/13/2016 729.44 SO CAL EDISON 055.9100.464000 15.33 Bill Of Sale For,Joint Pole, Salvage 7500712653 512329 10/13/2016 15.33 Printed:M2512016 11:41 11AM Pape 7 of 11 LIGHT& POWER WARRANT REGISTER NO. 424 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT UNIFIRST CORPORATION 055.9000.520000 2.192.40 Ogio Roamer Backpack- 2006243 055.0002407 512330 055.9000.520000 533.72 Ogio Apex Messenger Bag-- 2006243 055.0002407 512330 055.9000.520000 1,363.44 New Era Structured Stretch Cotton Cap— 2006243 055.0002407 512330 055.9000.520000 368.06 Sales Tax 2006243 512330 10/13/2016 4,457.62 LLC DC CONSULTING SERVICES 055.8200.596200 9,700.00 Consulting Services 7060 512331 10/18/2016 9,700.00 MAYWOOD CAR WASH 055.8100.570000 92.00 Full Service Car Wash-- 832 055.0002410 512332 10/18/2016 92.00 INC OPEN ACCESS TECHNOLOGY 055.9200.596200 728.72 Electronic Tagging— 123758 055.0002432 512333 10/18/2016 728.72 INC ATHRONE CO 055.8100.596200 90.78 Portable Restrooms 478810 512334 055.8100.596200 298.38 Portable Restrooms 481951 512334 055.8100,596200 90.78 Portable Restrooms 482868 512334 055.8100.596200 90.78 Poriable Restrooms 484829 512334 10/20/2016 570.72 AT&T 055,9200.560010 450.61 Pedod: 10/16 2164273483 512335 10/20/2016 450.61 AT&T 055.9200.560010 152.00 Period; 09116 3882482305 512336 10/20/2016 152.00 CH2M HILL ENGINEERS, INC. 055.9000.596200 9,844.10 Environmental Support Services 381080814 512337 Printed:10/2512016 11:41:11AM Page 8 or 11 LIGHT& POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# _ ISSUED NUMBER AMOUNT 10/20/2016 9,844.10 INC FRY'S ELECTRONICS 055.8000.520000 245.19 Supplies- 092216_MULTIPL 055.0002417 512338 E 10/20/2016 245.19 INC HAULAWAY RUBBISH 055.8400.596200 238.83 Hauling Services 68XO0225 512339 SERVICE 055.8400.596200 177.00 Hauling Services 69XO0224 512339 10/20/2016 415.83 MCMASTER CARR SUPPLY 055.8000.590000 67.58 During the period of July 1, 2016 thru 092916_MULTIPL 055.0002418 512340 COMPANY E 055.8400.590000 882.26 During the period of July 1,2016 thru 092916_MULTIPL 055.0002418 512340 E 10/20/2016 949.84 SO CAL JOINT POLE COMMITTEE 055.9100.596200 1,852.04 Op. Exp. &Hyperlink Software 19186 512341 10/20/2016 1.852.04 TECHNOLOGY FOR ENERGY 055.8000.900000 13,995.00 POWERMASTER 3302 JOURNEYMAN 19689 055.0002438 512342 CORP KIT- 055.8000.900000 -150.48 1% Discount 19689 055.0002438 512342 055.8000.900000 50.00 Freight 19689 055.0002438 512342 055,8000.900000 1,049.63 Sales 7.5 19689 512342 10/20/2016 14,944.15 TOTAL EARLY CHECKS $ 62,040.28 Printed 10/25f2016 11 41:11AM Page 9 of 11 LIGHT& POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 PRINTED CHECKS ACCOUNT CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.q NUMBER AMOUNT INC ENVIROCON CONTRACTING 055.9000.596200 12,797.00 Removal of Asbestos Flooring Material 091620 512343 12,797.00 LB JOHNSON HARDWARE CO#1 055.8000.590000 47.57 Hardware Supplies- 100416_MULTIPL 055.0002416 512344 E 055.8400.590000 6.40 Hardware Supplies-- 100416_MULTIPL 055.0002416 512344 E 055.8200.900000 83.59 Hardware Supplies- 100416_MULTIPL 055.0002416 512344 E 137.56 VIET NGUYEN 055.8100.596550 199.00 IEEE Membership 100516 512345 199.00 CHRISTINA RIVERA 055.7100.502030 347.00 Vision Benefits/C. Rivera 100516 512346 347.00 TOTAL PRINTED CHECKS $ 13,480.56 Printed 10/2512016 11 41:11AM Page 10 of 11 LIGHT& POWER WARRANT REGISTER NO.424 NOVEMBER 1, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 055-LIGHT& POWER # 6,804,700.31 $ 62,040,28 13,480.56 $ 6,860,221.15 GRAND TOTAL 5 6,804,700.31 62,040.28 13,480.56 $ 6,880,221.15 TOTAL CHECKS TO BE PRINTED 4 Printed 10/25/2016 11:41 11AM Page 11 of 11 i '+ RECEIVED RFCFIVED ` OCT 2 5 2016 OCT 2 6 2416 CITY ADMINISTRATION My c�RKlsoFFIcE STAFF REPORT FINANCE/TREASURY DEPARTMENT DATE: October 25, 2016 TO: Honorable Mayor and City Council FROM: William Fox, Finance Director RE: Gas Warrant Register for City Council Agenda of November 1, 2016 It is recommended that the attached Gas Warrant Register No. 212 be approved at the City Council meeting of November 1, 2016. Gas Warrant Register No. 212 totals $6,133.22, and covers claims and demands presented during the period of October 11 through October 24, 2016, drawn, or to be drawn, from East West Bank. The following list details the components of Gas Warrant Register No. 212: 1. Ratification of the issuance of early checks totaling $6,133.22; and Usk x i CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 212 NOVEMBER 1, 2016 SLIP 100 I hereby certify that claims and/or demands included in above listed warrant This is to certify that the claims or demands covered by the above listed register have been audited for accuracy and availability of funds for warrants have been audited by the City Council of the City of Vernon and payments and that said claims and/or demands are accurate and that the that all of said warrants are approved for payments except Warrant funds are available for payments thereof. Numbers: William Fox Finance Director Date: Pnnted:10125/2016 11 56:26AM Page 2 of 4 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 212 NOVEMBER 1, 2016 EARLY CHECKS ACCOUNT DATE CHECK VENDOR DISPLAY NUMBER AMOUNT DESCRIPTION INVOICE P.O.# ISSUED NUMBER AMOUNT SOUTHERN CALIFORNIA 056.5600.590000 6,100.00 Roiling Steel Door Repair 49615 1478 OVERHEAD 10/13/2016 6.100.00 MAYWOOD CAR WASH 056.5600.570000 9.50 Car Wash- 832(2) 056.0000408 1479 10/18/2016 9.50 THE GAS COMPANY 056.5600.560000 23.72 Period:09/16 101216(3) 1480 10/20/2016 23.72 TOTAL EARLY CHECKS $ 6,133.22 Printed 10/25/2016 11 58:26AM Page 3 of 4 CITY OF VERNON GAS DEPARTMENT WARRANT REGISTER NO. 212 NOVEMBER 1, 2016 RECAP BY FUND EARLY PRINTED FUND WIRE TOTAL CHECK TOTAL CHECK TOTAL TOTAL 056- NATURAL GAS $ 6,133.22 s 000 $ 6,133.22 GRAND TOTAL 0.00 + 6,133.22 s 0.00 5 6,133.22 TOTAL CHECKS TO BE PRINTED 0 PnMed 10/25/2016 11:58 26AM Page 4 of RECEIVED Co RECEIVED OCT 2,0 2016 OCT 12 2016 CITY CLERIC'S OFFI CE to Ott CITY ADMINISTRATION tol Lott IV FIRE DEPARTMENT 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 Fax(323)826-1407 October 12, 2016 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, 2016 through September 30, 2016. Respectfully Submitted, 6 Andrew S. Guth Administrative Battalion Chief ASG:ar Fireletnow Er,cfuszvefy Incfustiiaf VERNON FIRE DEPARTMENT COMPANY ACTIVITIES September 16,2016 to September 30,2016 This Period Last Year This This Year Last Year To Date Period To Date ACTIVITY TYPE FIRE PREVENTION: Regular Inspections (#): 54 1192 33 1093 Re-Inspections (#): 27 280 18 198 Spec. Haz. Inspections(#}: 0 25 0 22 Total Inspections: 81 1497 51 1313 Total Man Hours: 98 2062 75 1612 TRAR,JNG(HOURS Firefighting 79 1802 104 1738 Hazardous Materials 15 570 47 651 Safety 119 2428 136 2330 Apparatus Operations 125 2293 134 2346 Equipment Operations 127 2369 135 2323 CPR 0 27 0 72 First Aid 14 397 27 487 Total Hours: 479 9886 583 9947 PRE-INCIDENT(HOURS): Planning 91 1607 114 1552 District Familiarization 87 1470 100 1648 Total Hours: 178 3077 214 3200 PERIODIC TEST(HOURS): Hose Testing 0 26 4 7 Pump Testing 0 10 0 11 Total Hours: 0 36 4 18 Page I PUBLIC SERVICE PROGRAMS (HOURS) School Programs 3 36 2 29 Fire Brigades 0 18 3 7 Emergency Preparedness 12 216 6 230 Total Hours: 15 270 11 266 ROUTINE MAINTENANCE(HOURS): Station 127 2253 139 2489 Apparatus 125 2276 144 2314 Equipment 124 2354 139 2377 Total Hours: 376 6883 422 7180 Grand Total Hours: 1146 22214 1309 222D Tireactivity Page 2 RECEIVED RECEIVED OCT 2 0 2016 of tjo OCT 17 2016 in CITY CLERK'S OFF! CITY ADMINISTRATION � ( I POLICE DEPARTMENT Daniel Calleros, Chief of Police 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323)587-5171 Fax (323)826-1481 October 17, 2016 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., October 1, 2016 up to and including midnight of October 15, 2016. Respectfully submitted, VERNON POLICE DEPARTMENT k '01� P e-&- DANIEL CALLEROS CHIEF OF POLICE DC/ar -tclusively Industrial VERNON POLICE DEPARTMENT Department Activity Report First Date: 10/01/2016 Jurisdiction: VERNON Last Date: 1 011 51201 6 Department Complaint All Units Primary Unit Type Description VPD 10-6 OFFICER IS 10-6 C7.961,962.10-10.WASH.EQUIPh 110 105 10-96H PICK UP THE JAIL PAPER WORK FROM HP JAIL 4 2 10-96M 10-96 MARY(MAIL DETAIL) 5 5 20001 INJURY HIT AND RUN 6 2 20002 NON-INJURY HIT AND RUN 5 2 20002R NON-INJURY HIT AND RUN REPORT 5 5 211 ROBBERY 4 1 242R BATTERY REPORT 2 1 273.5 DOMESTIC VIOLENCE 6 2 314 INDECENT EXPOSURE 4 1 415 DISTURBING THE PEACE 20 7 417 BRANDISHING A WEAPON 4 1 417R BRANDISHING A WEAPON REPORT 1 1 459A AUDIBLE BURGLARY ALARM 107 64 459R BURGLARY REPORT 6 4 459V BURGLARY TO A VEHICLE 2 1 459VR BURGLARY TO A VEHICLE REPORT 4 2 476 FRAUD 2 l 476R FRAUD REPORT 4 2 484 PETTY THEFT 2 I 484R PETTY THEFT REPORT 12 7 487R GRAND THEFT REPORT 5 3 586 PARKING PROBLEM 26 19 594 VANDALISM 5 2 594R VANDALISM REPORT 12 7 602 TRESPASS 11 4 647F DRUNK IN PUBLIC 2 1 901 UNKNOWN INJURY TRAFFIC COLLISION 9 2 901T INJURY TRAFFIC COLLISION 12 4 901TR INJURY TRAFFIC COLLISION REPORT 4 2 902T NON-INJURY TRAFFIC COLLISION 43 28 902TR NON-INJURY TRAFFIC COLLISION REPORT 1 1 909T TRAFFIC HAZARD 2 2 911 911 MISUSE/HANGUP 8 5 911A CONTACT THE REPORTING PARTY 19 10 917A ABANDONED VEHICLE 3 3 920PR LOST PROPERTY REPORT 1 1 925 SUSPICIOUS CIRCUMSTANCES 46 15 AGTAR ATTEMPT GRAND THEFT AUTO REPORT 2 1 AR LOG UPDATE THE AR LOG 1 1 ASTVFD ASSIST VERNON FIRE DEPARTMENT 38 18 BOSIG BROKEN SIGNAL OR LIGHT 4 3 BOVEH BROKEN DOWN VEHICLE 7 6 CITCK CITATION CHECK 8 8 CIVIL CIVIL MATTER 6 3 CODE5 SURVEILLANCE/STAKE-OUT 5 2 COP COP DETAIL 4 1 DET DETECTIVE INVESTIGATION 22 7 1011612016 05:12:37 Page 1 of 2 VERNON POLICE DEPARTMENT Department Activity Report First Date: 10101/2016 Jurisdiction: VERNON Last Date: 10115/2016 Department Complaint All Units Primary Unit Type Description VPD DETAIL DETAIL 7 6 DPTAST DEPARTMENTAL ASSIST 3 3 DUI DRIVING UNDER THE INFLUENCE 1 1 FILING OFFICER IS 10-6 REPORT WRITING 56 55 FOUND FOUND PROPERTY REPORT 1 1 FU FOLLOW UP 4 4 GTAR GRAND THEFT AUTO REPORT 14 8 HBC HAILED BY A CITIZEN 11 6 ID THEFT RPT IDENTITY THEFT REPORT 1 1 ILLDPG ILLEGAL DUMPING 3 1 ILLDPG RPT ILLEGAL DUMPING REPORT 2 1 LOCATE LOCATED VERNON STOLEN VEHICLE 2 2 LOJACK LOJACK HIT 2 2 PANIC ALARM PANIC ALARWDURESS ALARM 8 2 PAPD PUBLIC ASSIST-POLICE 6 2 PATCK PATROL CHECK 112 94 PEDCK PEDESTRIAN CHECK 63 35 PRSTRAN PRISONER TRANSPORTED 4 4 REC RECOVERED STOLEN VEHICLE 10 4 RECKLESS DF RECKLESS DRIVING(23103) 3 2 REPO REPOSSESSION 4 4 ROADRAGE ROAD RAGE 1 1 SEAACA SEAACA ANIMAL CALLS 2 1 SPEEDTRAILE TO BE USED WHEN THE TRAILERS ARE DEPLOYS 2 1 SUICIDE SUICIDE ATTEMPT 4 1 TRAFFIC STOI TRAFFIC STOP 167 135 VCK VEHICLE CHECK 77 63 VEH RELEASE VEHICLE RELEASE 4 3 VMCVIO VERNON MUNICIPAL CODE VIOLATION 1 1 WARRANT WARRANT ARREST 3 2 WELCK WELFARE CHECK 9 5 WRNTSVC WARRANT SERVICE 12 12 Department: 1220 839 Overall: 1220 840 10/16/2016 05:12:37 Page ? of VERNON POLICE DEPARTMENT Police Activity Report Period Ending: 10/15/16 TRAFFIC COLLISIONS NO. PROPERTY RECOVERED TOTAL 21 VEHICLES: 59,200.00 NON-INJURY 12 INJURY 9 Pedestrian 1 Fatalities City Property Damage 3 Hit& Run (Misdemeanor) 5 Hit & Run(Felony) 1 Persons Injured 12 VEHICLES STORED PROPERTY RECOVERED FOR Unlicensed Driver 4 OTHER DEPARTMENTS Abandoned/Stored Vehicle 16 VEHICLES: S8,000.00 Traffic Hazard 2 CITATIONS Citations Iss (Prisoner Release) 7 Citations Iss (Moving) 110 Citations Iss (Parking) 42 Citations Iss (Total) 152 Hazardous 78 Non-Hazardous 31 Other Violations 1 CASES CLEARED BY ARREST AR16-0296 CR16-1551 476 PC AR16-0299 CR16-1574 11364 H&S AR16-0301 CR16-1592 11364 H&S AR16-0304 CR16-1600 11377(A) H&S AR16-0305 CR16-1548 487 PC AR 16-0306 CR 16-1548 487 PC AR 16-0307 CR 16-1608 487(A) PC AR16-0308 CR16-1548 487 PC AR16-0309 CR16-1614 11364 H&S AR16-0310 CR15-0207 594 (A)(1) PC VERNON POLICE DEPARTMENT REPORT FOR PERSONS ARRESTED PERIOD ENDING _ 10/15/16 ADULT FELONY ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL ASSAULT WITH A DEADLY WEAPON GRAND THEFT 3 3 GRAND THEFT:MON EY/LABOR/PROPERTY 1 1 MAKE/PASS FICTITIOUS CHECK 1 1 POSSESS CONTROLLED SUBSTANCE 1 1 ROBBERY WARRANT(VERNON CASE) 1 1 WARRANT(OUTSIDE AGENCY) 2 2 TOTAL FELONY ARRESTS 7 2 9 ADULT MISDEMEANOR ARRESTS AND DISPOSITIONS MALE FEMALE TOTAL DRIVE WHILE LICENSE SUSPENDED DRIVING UNDER THE INFLUENCE HIT AND RUN TRAFFIC ACCIDENT PETTY THEFT POSS. CONTROLLED PARAPHERNALIA 3 3 VANDALISM: DEFACE PROPERTY 1 1 VIOLATE COURT ORDER WARRANT(VERNON CASE) 2 2 WARRANT(OUTSIDE AGENCY) TOTAL MISD. ARRESTS 1 6 0 6 JUVENILES DETAINED --- FELONY AND MISDEMEANOR MALE FEMALE TOTAL BURGLARY MINOR POSS. OF ALCOHOL RUNAWAY VEHICLE THEFT WARRANTS (BENCH) TOTAL JUVENILES DIET. 0 0 0 TOTAL FELONY ARRESTS (ADULT)TO DATE: 104 TOTAL MISDEMEANOR ARRESTS (ADULT)TO DATE: 198 TOTAL JUVENILES DETAINED (FELONY AND MISDEMEANOR) TO DATE: 8 TOTAL ARRESTS AND DETAINED JUVENILES (FELONY AND MISDEMEANOR)TO DATE: 310 k q E � � § % & m k «o_ 0 ^ 2 =o - k§ \§ �§ & kk $k $k %o %u ■o � � �o 4� \ §/ §§ §§ 0 0 0 aco � � q B § B k \ � § k o I § § § § $ k t % Ank2a 4%❑%> §r�§ § R $ $ § § 2 k � O � k G § q ) \z L2t it z� aLU { > S LLI> j z § m \ zW LLI LL % to w � � } j A � � -j / < -, x � � t co < -1 a < 5 ILs e < § § 2 4 W W(L a s \ ) / 1 k w ts k \ k & k j ■ R Cl)1-4 a.> > > § � k � � : IL IL to 2 2 d Ir \ d ■ \ O z 2 R 2 w cm > :q 2 LO E a � d Ir � @ _ 2 ■ _# k A k q 0) 0) o v a o ti ri �n �ri � N N O f•7 f•7 p p a0 a0 r O NO co N F (h N C1 In 7 y 1r0 O O •�O •�00 r ti 0 4 U U 4CU aGU 4CU Q m �C •C u-i •C to '4 n u� Ln t2 ,Z(D �� �x pL U OU U OU U !� ? � r N N m n r� rotd co O r d N N d N 01 cam] O �J 4❑tj R❑ 4 IL ❑ R❑ 4 O A> Q> A> 0> A> + O) CD 0 CD N f''1 N rry�, Li 4ry M O O C O r O 4t Z ti v -Z O N _ W — O r M r O Z W Z U Z _ O Z r J U _j : ' J N Z > Z N Go LL N J > N J w J W W J N N Q N ; N UJ > N �Li 4 MJ Q a 2 OQ V N V � N 9 � OLWi �O cp p H Q W z z Co o G y W Z N Q LZ Q N N H Za ❑ Q = Z (, O ` U W J Z 0 _U • c a r ti zo Z � � W it aa' 20 ❑ Z � Qa: "►� F i' s W v y g > w v N w Q Q m O ,N U w LL Q (n 2 W ❑ W W ❑ w U Cn Z U N ui a 6i 6; vic� c°no vaa � Dg A A U _j Wj w W � Lli v > > O > O Z co O > CV y+� ❑ ❑ ❑ ❑ N ❑ ❑ ❑ ❑ LP > > >> 10 > > > tj � _ co v O N N Y N N !� ro O O W O O CD +� �! 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Director of Public Works,Water&Development Services Department Originator: Wendy Herrera,Permit Technician RE: MONTHLY BUILDING DEPARTMENT REPORT Enclosed herewith is the Monthly Building Report for the month of September 2016.Thank you. City of Vernon Building Department ` Monthly Report from 911/2016 to 9/3012016 Type Value #of Permits Demolition $299,000 00 2 Electrical $272,800.00 14 Industrial - Remodel $392,000.00 7 Mechanical $275,551 00 7 Miscellaneous $352,700 00 11 Plumbing $63,700.00 7 Roof $386,075.00 2 September 2016 TOTALS PERMITS: $2,041,826.00 50 PREVIOUS MONTHS TOTAL $90,077,670.37 499 YEAR TO DATE TOTAL $92,119,496.37 $49 September 2015 TOTALS PERMITS: $3,766,835.00 61 PREVIOUS MONTHS TOTAL $51,047,344.30 481 PRIOR YEAR TO DATE TOTAL $54,814,179.30 542 //1/t, �/j De ek Wieske Director of Public Works, Water& Development City of Vernon Building Department Major Projects from 911/2016 to 9/30/2016 T Valuations> 20,000 Permit No. Project Address Tenant Description Job Value Demolition B-2016-1442 4060 26TH ST Demo of 13 buildings to ground 250000 APN 5243021012 level no below grade work. B-2016-1455 2626 26TH ST National Ready Demo existing metal building and a 49000 APN 6302001030 Mix C portion of CMU wall at PL for new drive approach diversion (weight) totals shall be submitted to the city prior tofinal inspection. ` 2 Record(s) $299,000.00 Electrical B-2016-1367 2021 52ND ST Allied Sales & Dist Electrical work for lighting & power 100000 APN 6308016042 wiring for new equipment in new 55F cooler B-2016-1408 5008 BOYLE AVE Install 6 CAM (Gerber cutters) 60000 APN 6303028015 machines B-2016-1256 5088 FRUITLAND AVE New concrete tiltup building with 50000 APN 6313022030 mezzanine 3 Record(s) $210,000.00 Industrial - Remodel B-2016-1291 4755 49TH ST One new cooler box, cooler panels, 80000 APN 6304016004 ceiling, drywayll &truss B-2016-1470 2263 VERNON AVE Demolition of existing offices 30000 APN 6302017026 consisting of non-structural partition & removal of acoustical tile ceiling. B-2016-1395 4825 DISTRICT BLVD Tenant improvement for a portion of 40000 APN 6304010006 an industrial building. B-2016-1069 5252 ALAMEDA ST TI for noodle factory 139000 APN 6308016038 B-2016-1425 3285 VERNON AVE Demo mixing and sanitation room 85000 APN 6303006064 5 Record(s) $374,000.00 Mechanical B-2016-1368 2021 52ND ST Allied Sales & Dist Installation of 3 new air units in a 150000 APN 6308016042 new cooler to continously maintain a controlled atmosphere of 55F and 50% R.H. for candy storage. B-2016-1441 4575 DISTRICT BLVD TI-HVAC Replacement 35000 APN 6304020033 B-2016-1467 4200 ALAMEDA ST Equipment: replace ice machine. 30000 APN 6302017045 B-2016-1481 4460 PACIFIC BLVD Installing (2) new HVAC package 24950 APN 6308007019 units including duct work. B-2016-1274 3501 VERNON AVE Proportion Foods 2 Refrigeration evaporators and 28601 APN 6303009021 associated piping 5 Record(s) $268,551.00 Miscellaneous B-2016-1403 4060 26TH ST Asbestos abatement-an executed 35000 APN 5243021012 manifest shall be submitted to the city prior to final inspection. B-2016-1478 5119 DISTRICT BLVD MDF LITE CAGE 67000 APN 6314003900 B-2016-1362 2520 CHAMBERS ST 24x46'containment concrete pads 80000 APN 6308009038 for glycol tanks, chillers, roof-top pipe supports, heat exchange frames 3-2016-1421 5370 BOYLE AVE Retaining Wall and site wall revised 110000 APN 6310008012 4 Record(s) $292,000.00 Plumbing B-2016-0922 2970 50TH ST Install flow meter on existing 34000 APN 6303029900 industrial waste line on-site 1 Record(s) $34,000.00 Roof B-2016-1477 2137 55TH ST Re-roof 726 sq.ft. reroof not 281000 APN 6308016027 reshething tear off existing (1) layer of B.U.R. &comp shingle. Install new BUR &comp shingle B-2016-1415 3870 SEVILLE AVE Replace 30 smoke vent skylights 105075 APN 6302020047 and install Title 24 white elastamen coating systems. CRRL#0656-0001 2 Record(s) $386,075.00 22 Permit(s) Total $1,863,626.00 l Derek leske Director of Public Works, Water& Development Services City of Vernon Building Department New Buildings Report-September 2016 None f Derek ieske Direct Public Works,Water& Development Services "4 City of Vernon ky Building Department Demolition Report-September 2016 American Integrated Services Inc 4060 26th St 29,975 sq.ft. CEG Construction 2626 26th St 5,000 sq.ft. { Derek Aeske Director of Public Works, Water& Development Services City of Vernon Building Department : , y = Status of Certificates of Occupancy Requests Month of September 2016 Request for Inspection 20 Approved 9 Pending 267 Temporary Occupancies 20 Derek vVieske Director of Public Works, Water& Development Services City of Vemon Certiflcate of Occupancy Applications Date From 91112016-9130/2016 Issued Permit No. Project Andress Tenant Descrl lion Fees Paid Square Feet C-2016-0501 4383 FRUITLAND AVE Nabi Textile, Inc Fabric warehouse $3W 2,700 APN 6304026002 C-2016-0502 2231 49TH STREET Top's Handbags, Inc Wholesale $689 23,600 APN 6308015044 handbags C-2016-0503 3200 SLAUSON AVE Imperial Real Estate Industrial light $689 7,700 APN 6310027023 C-2016-0504 6140 ALCOA AVE A&A Fleet Painting, Inc Body shop $300 4,000 APN 6310027031 C-2016-0505 4540 50TH STREET Jenin Home Fumishing LLC Storage of $689 17,258 APN 6304013015 C-2016-OSW 5010 LOMA VISTA AV Jenin Home Furnishing LLC Warehousing $815 58,881 APN 6302020042 furniture C-2016-0507 4633 DOWNEY RD Service Air Cargo Warehouse dry $815 50,083 APN 6303019015 C-2016-0508 3063 FRUITLAND AVE Charlie's Fixtures, LLC Warehouse of $300 31,000 APN 6303029006 kitchen equipment C-2016-0509 2646 DOWNEY RD T&T Foods, Inc. Storage $300 1000 APN 5192025008 C-2016-0510 4929 HAMPTON ST Active Image Nation Dba Warehouse caps $300 4,400 APN 6308010036 C-2016-0511 2770 LEONIS BLVD Rebel Rebel Office use- $300 320 APN 6308DO2009 fashion design C-2016-0512 4383 FRUITLAND AVE Chasse Wells Inc Storage handbags $300 4000 APN 6304026002 C-2016-0513 2947 44TH STREET Style Vibe, Inc Office use $300 1000 APN 6303013049 C-2016-0514 3300 LEONIS BLVD Vinatex Warehouse t- $689 9,600 APN 6303026008 C-2016-0515 3222 WASHINGTON E FCP Brands, Inc.dba Avani Clothing $300 4000 APN 5169023032 Activewear C-2016-0516 4575 LOMA VISTA AV Divinity International Inc Internet sales $300 1000 APN 6304022059 office C-2016-0517 3140 SLAUSON AVE Sport LA Inc dba HR Distr. Clothing& $689 9,500 APN C-2016-0518 4432 PACIFIC BLVD A C Cutting Services, Inc. Cutting servie $300 5,000 APN 6308007018 C-2016-0519 4223 DISTRICT BLVD LV Fresh Produce Inc_ Office use $300 100 APN 6304028016 C-2016-0520 3257 26TH STREET Reflex Trading Inc Garment import $689 22000 APN 5169033016 Total for Certificate of Occupancy: $9,364.00 242,059.00 Total Fees Paid $9,364 00 20 Permits(s) City of Vernon Cartiflcab of Occupancy Issued Dab From 91V201e to 913wo18 1s5uod ParMitNo. Pro' &Address Tonant Des cn Lion F"sPaid, 2MUJIMFMt 9Y812016 C-201"339 4519 EVEREITE AVE West Coast Oealz,Inc. Wholesale of general 30000 69,900 APN 6304022037 merchandise 911312015 C-2015-0496 44W PACIFIC BLVD Main Tex USA.Inc dba Logos Textile Warehousing of textiles 689 00 28 .000 APN 6308OM12 9114/201e C-2016-0470 2101 51ST STREET Two Lads,LLC Ma-dae—rig germents 30000 3,ODO APN 6308015M accessories 91151201S C-2015-W75 2345 38TH STREET D S A Finishing Garment finishiry 569.00 5.200 APN 8302014011 9/1512016 C-201e-0375 2137 55TH STREET VIG Furniture,Inc Wash ot"ing of Mrau a 81500 92.000 APN 63DO016027 9115/2016 C-20160374 3251 SLAUSON AVE VIG Furniture.Inc, Warehousing of furniture 81500 86,000 APN 6310006013 911512o1e C-2018-M7 2211 27TH STREET GB US,Inc Warehousing of general 68900 120,000 APN 6302000025 9/20120 1 8 C-2016.0497 2926 54TH STREET Sheepok Manufactunrxj of paper cups 30000 4 500 APN 6310010007 912 712 0 1 6 C-2015-0203 4535 48TH STREET Evergreen Smart Energy Inc. Warehousing of toilets 000 10 000 Total for Certificate of Occupancy: $4,597 308,600 9 Perm"s) Total Fees Paid S4,597 RECEIVED RECEIVED OCT-1 5 Z016 OCT 2 0 2016 CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT 0 PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Consent DATE: November 1,2016 TO: Honorable Mayor and City Council FROM: Derek Wieske, Director of Public Works, Water and Development Services Department Originator: Claudia Arellano, Stormwater& Special Projects Analyst �� RE: Measure R Funding Agreement for the Interstate 710 South Early Action Projects Review of the I-710 Recirculated Draft EIRIEIS with the Los Angeles County Metropolitan Transportation Authority Recommendation A. Find that the approval of the proposed Measure R Funding Agreement for the Interstate 710 South Early Action Projects (hereinafter referred to as the "Measure R Funding Agreement) (attached herewith) is exempt from the California Environmental Quality Act (CEQA)review, in accordance with CEQA Guidelines Section 15262, because the project only involves feasibility or planning studies for possible future actions which the City has not approved, adopted, or funded; and B. Approval to enter into the Measure R Funding Agreement between the Los Angeles County Metropolitan Transportation Authority (Metro) and the City of Vernon for City staffs continued participation, coordination, and to provide technical support for the I-710 Corridor Project including the review of the I-710 Recirculated Draft Environmental Impact Report/Environmental Impact Study (hereinafter referred to as the "Recirculated Draft EIR/EIS")for a not to exceed amount of$18,000 for the period ending June 30,2018, and; C. Authorize the Mayor to execute the Measure R Funding Agreement for the Recirculated Draft EIRIEIS. Background Metro and Caltrans are implementing a highway improvement project known as the I-710 Corridor Improvement Project. The proposed project will widen the Long Beach Freeway (I-710)between Ocean Boulevard and the Pomona Freeway (SR-60). As part of the 1-710 South Early Action Page 1 of 2 Projects,Metro authorized funding agreements for local agency review of the I-710 Draft EIRIEIS (hereinafter referred to as "Project"). As such, the City of Vernon City Council approved a Funding Agreement by and between the City of Vernon and Metro for the Project in the amount of$57,000 under Resolution No. 2012-177. More specifically, Metro agreed to fund the review of the Project. The City of Vernon City Council authorized the issuance of a Request for Proposals to seek a consultant to assist the City of Vernon with the Project under Resolution No. 2012-53. Ultimately, the City of Vernon City Council accepted the bid of Chambers Group, Inc. for the review of the Project on behalf of the City under Resolution No. 2012-117. The final cost for the services provided by Chambers Group, Inc. on behalf of the City totaled $52,198. Metro prepared the Measure R Funding Agreement for the Recirculated Draft EIRIEIS for City staff to participate in the Project Technical Advisory Committee and Project Committee, and City Council members to participate in the Project Committee meetings. Additionally, the Measure R Funding Agreement for the Recirculated Draft EIRIEIS will reimburse the City to provide technical support of the revised engineering concepts for the proposed alternatives and other engineering concepts/coordination which may have impacts in the City of Vernon and the local vicinity. Another Funding Agreement will be sought for the next steps including providing a technical review of the Recirculated Draft EIRIEIS. The I-710 Corridor Improvement Project may impact the interchange of Atlantic Boulevard and Bandini Boulevard. City staff has worked with Metro staff in the past on a concept to construct an interchange on the I-710 Freeway at Slauson Avenue to benefit transportation into the City of Vernon. City staff will coordinate with Metro and representatives from the City of Maywood to try to minimize the impacts of City of Vernon property and business owners. The Measure R Funding Agreement for the Recirculated Project has been reviewed and approved as to form by the City Attorney's Office. Fiscal Impact There is no fiscal impact as Metro will reimburse the City for staff time and for any consultant engineering services to review the impact of the Recirculated Project on the City of Vernon. Metro is granting the City of Vernon an additional $18,000, for a combined maximum allowable grant of $75,000, for work performed on the Project and Recirculated Draft EIRIEIS. The Public Works, Water and Development Services Department budgeted for this work in the proposed Fiscal Year 2016/2017 Street Operations account. Attachment(s) 1) Measure R Funding Agreement for the Interstate 710 South Early Action Projects Page 2 of 2 MEASURE R FUNDING AGREEMENT AWARD.#: 920000000MR306.15 FA.MR.306.15 MEASURE R FUNDING AGREEMENT Interstate 710 South Early Action Projects This Funding Agreement("FA") is dated as of March 18,2016,and is by and between the Los Angeles County Metropolitan Transportation Authority("LACMTA")and the City of Vernon (Grantee) for the Review of the 1-710 Recirculated Draft EIR/EIS (the"Project") - LACMTA Project ID #MR306.15 WHEREAS, LACMTA adopted Ordinance#08-01,the Traffic Relief and Rail Expansion Ordinance, on July 24, 2008 (the"Ordinance"),which Ordinance was approved by the voters of Los Angeles County on November 41 2008 as"Measure R"and became effective on January 2, 2009.This project is eligible for funding under Line 37 of the Measure R Expenditure Plan.Measure R authorizes funding for projects for Interstate 710 South and/or Early Action Projects. WHEREAS, LACMTA Board,at its May 16, 2012 meeting authorized the Chief Executive Officer to enter into funding agreements with Gateway Cites Council of Governments and 1-710 Corridor Cities for the review of the I-710 Corridor Project Draft Environmental Impact Report/ Environmental Impact Statement("Project"). WHEREAS, LACMTA Board, at its June 23, 2016 meeting approved the updated project list for Measure R Highway Subregional Program (MRHSP) and authorized the Chief Executive Officer to enter into funding agreements. WHEREAS,LACMTA Board,at its May 16,2012 meeting programmed$57,000 and at its June 23, 2016 meeting programmed an additional 18,000 in Measure R Funds(the"Funds")to the Grantee as the maximum allowable grant from LACMTA for the Project; and, NOW THEREFORE,the parties hereby agree as follows: 1. CONDITIONS 1. The Grantee shall use the Funds,as described below,to complete the Project as described in the Scope of Work attached as Attachment A.The Funds,as granted under this FA can only be used towards the completion of this Scope of Work The Grantee shall not use the Funds to substitute for any other funds or projects not specified in this FA. 2. The Grantee shall use the Funds in accordance with the Attachment B Expenditure Plan Guidelines as specified in Attachment B. 3. Grantee shall submit Expenditure Report Attachment C-in accordance with the Attachment A-Scope of Work 4. The Grantee will prepare and submit to LACMTA a Request for Reimbursement for actual allowable Project costs incurred and paid for by the Grantee consistent with the Scope of Work Advance payments by LACMTA are not allowed. Each Request for Reimbursement shall indicate the total Project costs.Grantee's Request for Reimbursement shall include copies of invoices between Grantee and consultants. MR-Interstate 7 to South Early Action Projects Review of EIR/EIS Rev_Dart- 07.1.5.1.5 MEASURE R FUNDING AGREEMENT AWARD.#: 920000000MR306.15 5. LACMTA Board of Directors'action approved Funds for FY 2015-16 only in the amount of$57,000. LACMTA Board of Directors'action will be required to approve additional work and Funds for subsequent Fiscal Years prior to those Funds being allocated to GRANTEE. This is a one time only grant subject to the terms and conditions agreed to herein. This grant does not imply nor obligate any future funding commitment on the part of LACMTA. 6. The term of this FA shall commence July 1, 2013 and shall terminate on June 30, 2018,unless extended by LACMTA in writing. 7. The Grantee shall be subject to and shall comply with all applicable requirements of LACMTA regarding Project reporting. The Grantee shall use the FA number FA.MR 306.15 on all correspondence. 8. Unless written notification is otherwise provided by LACMTA,the effective date and start date of reimbursable activities is July 1,2013. Actual reimbursement of eligible costs cannot occur until LACMTA and the Grantee execute this agreement 2. TRANSFER OF FUNDS 1. LACMTA shall reimburse the Grantee up to a maximum amount of$75,000 as specified for the Project subject to the terms and conditions contained herein. 2. LACMTA shall transfer the Funds to the Grantee on reimbursement basis only. No advance of Funds shall be allowed. 3. The Grantee is responsible for all cost overruns incurred as a result of this Project Under no circumstances will the total amount of money that LACMTA reimburses the Grantee exceed the amount of the Funds committed by LACMTA. 4. LACMTA shall not be responsible to provide any funding in the event the Grant is withdrawn, recalled or not appropriated for any reason. S. Send correspondence to LACMTA shall be addressed to: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza MS:99-22-09 Los Angeles,CA 90012 Attn: Lucy Olmos Project Manager, Highway Program Phone: (213) 922-7099 Email: olmosl@metro.net Submit invoice with supporting documentation to: ACCOUNTSPAYABLECMMETRO.NET (preferable) or: Los Angeles County Metropolitan Transportation Authority Accounts Payable P.0. Box 512296 MR-Interstate 710 South Early Action Projects Review of EIR/EIS Rev Date. 07.15.15 MEASURE R FUNDING AGREEMENT AWARD.#: 920000000MR306.15 Los Angeles,CA 90051-0296 Re: LACMTA Project ID#MR.306.15 and Award#: 920000000MR306.15 Attn: Lucy Olmos,MS: 99-22-09 Project Manager, Highway Program 6. Payments and notices to the Grantee shall be addressed to: City of Vernon 4305 Santa Fe Ave. Vernon,CA 90058 Attn: Derek Wieske,Public Works Director 3. DEFAULT 1. LACMTA reserves the right to terminate this FA and withhold all payments of Funds in the event of Grantee's breach or default of any term or condition contained in this FA. 2. Grantee reserves the right to terminate this FA in the event of LACMTA's breach or default of any term or condition contained in this FA. 4. AUDIT REQUIREMENT 1. LACMTA shall have the right to conduct a financial and compliance audit(s)of the Project Grantee agrees to establish and maintain proper accounting and procurement procedures and cash management records and documents in accordance with Generally Accepted Accounting Principles (GAAP). The Grantee shall reimburse LACMTA for any expenditure not in compliance with the Scope of Work and/or not in compliance with other terms and conditions of this FA. 2. Grantee's records shall include,without limitation,accounting records,written policies and procedures,contract files,original estimates,correspondence,change order files, invoices,and any other supporting evidence deemed necessary by LACMTA to substantiate charges related to the project(all collectively referred to as"records")shall be open for inspection and subject to audit and reproduction by LACMTA auditors or authorized representatives to the extent deemed necessary by LACMTA to adequately permit evaluation of expended costs. Such records subject to audit shall include,without limitation,those records deemed necessary by LACMTA to evaluate and verify direct and indirect costs, (including overhead allocations)as they may apply to costs associated with the Project 3. Grantee shall cause all contractors to comply with the requirements of Paragraph 4.1 above. Grantee shall cause all contractors to cooperate fully in furnishing or in malting available to LACMTA records which shall include,without limitation,accounting records,written policies and procedures,contract files,original estimates,correspondence,change order files,invoices and any other supporting evidence deemed necessary by LACMTA auditors or authorized representatives related to the Project 5. MISCELLANEOUS 1. California law shall govern this FA. If any provision of this FA is held by a court of competent jurisdiction to be invalid,void,or unenforceable,the remaining provisions shall MR-Interstate 710 South Early Action Projects Review of EIR/EIS 3 Rev. pate: 07_15_1.5 MEASURE R FUNDING AGREEMENT AWARD.#: 920000000MR306.15 nevertheless continue in full force without being impaired or invalidated in any way; unless any of the stated purposes of the FA would be defeated. 2. The Grantee shall not assign this FA, or any part thereof,without written consent and prior approval of LACMTA Chief Executive Officer or designee,and any assignment without said consent shall be void and unenforceable. 3. This FA constitutes the entire understanding between parties,with respect subject matter herein.This FA shall not be amended, nor any provision or breach hereof waived except in writing signed by the parties. 4. The covenants and agreements of this FA shall inure to the benefit of,and shall be binding upon,each of the parties and their respective successors and assigns. Neither LACMTA nor any officer or employee thereof shall be responsible for any damage or liability occurring with any work performed by and or service provided by Grantee,its officers, agents,employees, contractors and subcontractors under this FA.Grantee shall fully indemnify, defend and hold LACMTA,and its officers,agents and employees harmless from and against any liability and expenses,including without limitation,defense costs,any costs or liability on account of bodily injury,death or personal injury of any person for damage to or loss of risk of property,any environmental obligation,any legal fees and any claims for damages of any nature whatsoever arising of the Project,including,without limitations, (i) misuse of the Funds by Grantee,or its officers,agents, employees, contractors or subcontractors; (ii) breach of the Grantee's obligations under this FA; or(iii) any act or omission of the Grantee,or its officers,agents,employees, contractors or subcontractors in the use of the vehicles, performance of the work or the provision of the services,included,without limitation,the Scope of Work,described in this FA,except to the extent such damages arise from LACMTA's willful misconduct. 5. Grantee in the performance of the work required by this FA is an independent contractor and not an agent or employee of LACMTA. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. 6. The Grantee shall retain all original records and documents related to the work herein for a period of twelve (12) months after the grant closeout. MR-Interstate 710 South Early Action Projects Review of EIR/EIS 4 Rev. ]date- o7.1 f,.1.5 MEASURE R FUNDING AGREEMENT AWARD.#: 920000000MR306.15 IN WITNESS WHEREOF,the parties have caused this FA to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By: Date: Phillip A.Washington Chief Executive Officer APPROVED AS TO FORM: MARY C.WICKHAM County Counsel By: Date: Deputy GRANTEE: CITY OF VERNON By: Date: William Davis Mayor ATTEST: By: Date: 'Maria E. Ayala City Clerk APPROVED AS TO FORM: By: Date: Brian W. Byun Deputy City Attorney MR-Interstate 710 South Early Action Projects Review of EIR/EIS Rev_ Date. 07_15 1.5 MEASURE R FUNDING AGREEMENT AWARD.#: 920000000MR306.15 Attachment A Scope of Work Project Description: For FY 13-14 throup-h FY 16-17: staff from the City of Vernon will attend I-710 Corridor Project Technical Advisory Committee (TAC), Project Committee (PC), and Corridor Advisory Committee (CAC) meetings. At these meetings, the City of Vernon will be represented by Assistant City Engineer, Public Works Director, and/or City Engineer. Additionally, Metro and its consultant team will meet with the staff from the City of Vernon to discuss the revised engineering concepts for the proposed Alternatives and other engineering concepts/coordination which may have impacts in the City of Vernon and the local vicinity. The costs allowable for reimbursement include but is not limited to time and mileage to attend the TAC, PC, and CAC meetings, meetings with Metro, and internal meetings for City of Vernon staff to formalize recommendations requested by the I-710 TAC, brief the City's PC member, and/or meet with Metro, as necessary. Project Budget: The City of Vernon proposes the budget as follows: Task Amount 1. I-710 Draft EIR/EIS Review (completed) $52,198 2) TAC, PC and CAC meeting attendance $13,500 3) Meetings with Metro/AECOM to discuss engineering concepts in the City of Vernon $9,302 Total Budget $75,000 The maximum budget will be adhered to, but the budget for individual tasks budget may be revised to reflect actual costs. Project Schedule: Metro is managing the consultant contracts for the I-710 Corridor Project; the project is scheduled for completion on November 2017. This scope will allow the City of Vernon to continue providing coordination and technical support for the I-710 Corridor Project within the limits of the City of Vernon. Deliverables: As part of the invoice submittal, the City will provide supporting documents, such as: meeting minutes, agendas, timesheets, consultant invoices and other additional back up required to Metro. MR-Interstate 710 South Early Action Projects Review of EIR/EIS Rev. Date- 07 M 1.5 Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS State Law Requires All Measure R Project and Prggmm Sponsors to Submit an Expenditure Plan To be eligible to receive Measure R revenues,an agency sponsoring a capital project or program must by state law (AB 2321) submit an expenditure plan that is acceptable to the Los Angeles County Metropolitan Transportation Authority (LACMTA). Pursuant to this law, LACMTA cannot release Measure R funds to capital project or program sponsors until an expenditure plan containing the following elements is submitted,reviewed and deemed satisfactory by LACMTA. LACMTA staff will request that an expenditure plan be submitted before making a recommendation to the LACMTA Board to program funds to that project: o The estimated total cost for each project and program and/or each project or program activity; o Funds other than Measure R that the project or program sponsor anticipates will be expended on the projects and programs and/or each project or program activity; o The schedule during which the project sponsor anticipates funds will be available for each project and program and/or each project or program activity; and, o The expected completion dates for each project and program and/or project or program activity. Each of the above elements must be provided in enough detail to determine consistency with Measure R,the Long Range Transportation Plan for Los Angeles County,and the Los Angeles County Transportation Improvement Program (also a statutorily mandated function),as follows: o Project or program scope of work, including sufficient information to determine funding eligibility, including,but not limited to,the anticipated proportional use of current rail rights-of-way,state highways,and below-ground subways versus any other rights-of-way or above-ground work; o A current-year cost estimate breakdown of the major sub-elements of the project such as overhead, environmental and permit work, design and engineering, right-of-way, construction/installation (including maintenance facilities, rail yard, equipment and other major components), construction/installation support, interest costs, rolling stock, and other supporting components; o Any extraordinary project cost escalation issues, such as extraordinary commodity, right-of-way, surety, energy costs, etc.; o A specific and accurate description of the source, commitment, and anticipated annual availability of any federal, state, local, or private funding identified for the project if applicable including a 3% local funding contribution to rail projects if Rev: 06.25.12 ] Measure R Funding Agreement - Review of Draft EIR/EIS Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS indicated in Measure R and necessary to meet project expenses, and if the source funds are in current or year-of-expenditure dollars; o An annual schedule, in current dollars, of anticipated costs by the cost estimate categories described above; and; o The expected completion by month and year of project or program completion. Below is an excerpt of AB 2321 (2008, Feuer) the state legislation that requires the expenditure plan. What AB 2321 (2008. Feuer) Says About the Expenditure Plan: Section b(3)B (f)Prior to submitting the ordinance to the voters, the MTA shall adopt an expenditure plan for the net revenues derived from the tax. The expenditure plan shall include, in addition to otherprojects and programs identified by the MTA, the specified projects and programs listed in paragraph (3)ofsubdivision(b), the estimated total costfor each project and program, funds other than the tax revenues that the MTA anticipates will be expended on the projects and programs, and the schedule during which the MTA anticipates funds will be available for each project and program. The MTA shall also identifyin its expenditure plan the expected completion dates for each project described in subparagraph(A)ofparagraph (3)of subdivision(b). To be eligible to receive revenues derived from the tax, an agency sponsoring a capital projector capital program shall submit to the MTA an expenditure plan forits project or program containing the same elements as the expenditure plan that MTA is required by this subdivision to prepare. (k)No later than 365 days prior to the adoption ofan amendment described in paragraph (1)to an expenditure plan adopted pursuant to subdivision (t), including butnotlimited to, the expenditure plan adopted by the MTA board as "Attachment A"in Ordinance#08-01 adopted by the board on July 24, 2008, and in addition to any other notice requirements in the proposing ordinance, the board shall notify the Members of the Legislature representing the Coun ty ofLos Angeles ofall of the folio wing.- (1)A description of the proposed amendments to the adopted expenditure plan that would do any of the following.• (A)Affect the amount ofnet revenues derived from the tax imposed pursuant to this act that is proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (B)Affect the schedule for the a vailability of funds proposed to be expended on a capital project or projects identified in the adopted expenditure plan. (C)Affect the schedule for the estimated or expected completion date ofa capital project or projects identified in the adopted expenditure plan. (2) The reason for the proposed amendment: Rev: 06.25.12 2 Measure R Funding Agreement - Review of Draft EIR/EIS Attachment B EXPENDITURE PLAN GUIDELINES I710 EARLY ACTION PROJECTS (3) The estimated impact the proposed amendment will ha ve on the schedule, cost, scope, or dmely availability offending for the capital project or projects contained in the adopted expenditure plan. Rev: 06.25.12 Measure R Funding Agreement - Review of Draft EIRAIS Grantee To Complete LACMTA FA ATTACHMENT C Invoice# PROGRESS 1 EXPENDITURE REPORT Invoice Date FA# MR306 15 Quarterly Report GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO P.O. Box#512296, Los Angeles,CA 90051-0296 after the close of each quarter,but no later than November 30.February 28, May 31 and Aucust 31_ Please note that letters or other forms of documentation may not be substituted for this form Refer to the Reporting and Expenditure Guidelines(Attachment D)for further information. SECTION 1- QUARTERLY EXPENSE REPORT Please itemize grant-related charges for this Quarter on Page 5 of this report and include totals in this Section. LACMTA Grant Low Nunn linty, Loch Yateh Total - s s % s 'This Quarter Expenditure i Retention Amount Net Invoice Amount(Leas Retention) Funds Expended to baba Include this Quarter) Total Project Budget S "10 of Project Budget Expended to Date Balance Remaining FA Attachment C Rev: 12.15 08 Fmpzndrpn Rqon SECTIONINFORMATION PROJECT TITLE: Review of the 1-710 Recirculated Draft EIR/EIS-Cq of Vernon FA : MR306.15 QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: E]2013-14 2014-15 [-]20015-16 E]201S.2017 2017-2018 F-12018-2019 Quarter: [-]Q1:Jul-Sep 02:Oct-Dec [—]Q3:Jan-Mar Q4:Apr-Jun DATE SUBMITTED: LACMTA MODAL CATEGORY: �X Freeway RSTI Signal Synchronization []TDM BikewayPedestrian Transit ❑ TEA Name: _Lucy Olmos LACMTA Area Team Representative! Area Team: tjLway Program Project Mgr. Phone Number 213.922.7099 e-mail: ntmncl@menr+net Contact Name: Derek Wieske Job Title: Director of Public Works/City Engineer Project Sponsor Department: Public Works Department Contact/Project City/Agencv: City of Vernon Manager Mailing Address: 4305 S.Santa Fe Ave.Vernon,CA 90058 Phone Number: 323-583-8811 e-mail: dwicske@ayemonca-us FA Anachn=C Rev: 12.15 08 2 Ecperdi¢ue Repm SECTION OUARTERLY PROGRESS REPORT i. DELWERABM& T . , List aA deliverables and milestones as stated in the MOU, with start and end dates. Calculate the folal project duration DO NOT CHANGE THE ORIGINAL MOU MILESTONE START AND END DATES SHOWN IN THE 2°D AND 3nD COLUMNS BELOW. Grantees must make every eflhrt to accurately portray mileslone dates in the orlgnaf MOU Scope of Wt rk since this wiF provide the bads far calculating any projed delay. If milestone start andtlor end dates ch&W horn those stated in the Original MOU Scope of Work indlcafe the new dates tinder Actual Sdxwkft below and recalculate the project duration Howaver,INS does not change the ongmaf milestones in your MOU. PER YOUR MOU AGREEMENT.ANY CHANGES TO THE PROJECT SCHEDULE MUST BE FORMALLY SUBMITTED UNDER SEPARATE COVER TO LACMTA FOR WRITTEN CONCURRENCE. Original FA Schedule in Scope of Actual Schedule FA Milestones Work Start Date End Date Start Date End Date 1-710 Recirculated Draft EIR/EIS Proiect Meetings Other Project Meetings Total Project Duration (days) FA Aft C Rev: 12.15 09 Expm&Mm Report 2.TASKS J WRLESTONES AZrC WPUSH D List tasks or milestones accomplished and progress made this quarter. 3, PROJECT DELAY ! If project is delayed,describe reasons Ior delay;this q uador) Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters,please indicate by writing"Same as Previous Quarter". +It.ACTION ITEMS TO RESOLVE DELAY If the project is delayed(as described in M). include ar,6cm items that have been.or will be_tAndertaken to resolve the delay. FA AawhMat C Bev: I2-15.08 FxMiffi to Rep- All expenses and charges,including grant and local match,must be itern¢ed and listed below Each item listed must be verifiable by an invoice andfor other proper documentation. The total amounts shown here must be equal to this quarters expenditures listed on page 1 of this report. All expenses and charges must be repeclive of the approved budget and rates as shown in the FA Attachment A.Scope of Work. Use additional pages d needed. ITEM irir-Onz s TOTAL E.UPEN$F$1 CFfAI 05W U L.A TA GRA s CHARGED TO LOCAL MATCH CHARGES - i 3 4 6 7 9 9 ' ra z I 13 'al TOTAL I Notes: 1.Local match spent in each quarter,must be in the appropriate proportion to LACWTA grant 2.All mcelpts,Involces,artd time sheets.altaclwd and included with this Expense Report must be listed and shown under the Involce Number column of the K mlmd Ending(above). Invoice Payment Information: LACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments require that you complete an ACH Request Form and fax it to Accounts Payable at 213-922-6101 ACH Request Forms can be found at www.metro.neticallforprojects. Written exception requests for Check Payments should be Completed and faxed to Accounts Payable at 213-922 I certify that I am the responsible Project Manager or fiscal officer and representative of, and that to the best of my knowledge and belief the information stated in this report is true and correct. Signature Date Name Title FA AawhmentC Rev 12.15.08 Experxhoue llepuc RECEIVED � RECEIVED OCT 26 zois + ' OCT 2 0 2M CITY CLERK'S OFFICE CITY ADMINISTRATION STAFF REPORT G* io-2(0- l(,o PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Consent DATE: November 1, 2016 TO: Honorable Mayor and City Council FROM: Derek Wieske�ctor of Public Works, Water and Development Services Department Originator: Claudia Arellano, Stormwater& Special Projects Analyst+ RE: Increase in Cost to the Subrecipient Agreement between the City of Vernon and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority for the Purposes of the Proposition 84 Grant Program Recommendation A. Find that approval of the increase in cost to the Subrecipient Agreement is exempt under the California Environmental Quality Act (CEQA) in accordance with Section 15061(b)(3), the general rule that CEQA only applies to projects that may have an effect on the environment, and find that for the construction and installation of two (2) tree box filters in a transportation corridor are categorically exempt under the CEQA in accordance with Guidelines Section 15303, Class 3 because: (i) no significant physical changes will occur as a result of this approval; (ii) the project will consist of minor construction and connection to an existing facility (catch basin) to improve the water quality in the Los Angeles River, (iii) the project is an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, (iv) the project does not involve significant amounts of hazardous substances, and (v) the area is not in an environmentally sensitive area, and; B. Authorize an increase in cost of$14,476.82 to the Subrecipient Agreement between the City of Vernon ("City") and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority ("GWMA"). Background The Los Angeles Regional Board of the State Water Resources Control Board approved the National Pollutant Discharge Elimination System (NPDES) Permit for Waste Discharge Requirements for Municipal Separate Storm Sewer System (MS4) Discharges within the Coastal Watersheds of Los Angeles County, except those discharges originating from the City of Long Page 1 of 3 Beach (hereinafter referred to as the Municipal NPDES Permit) on November 8, 2012 and amended on June 16, 2015 by Order WQ 2015-0075. The Municipal NPDES Permit places an emphasis on coordination of resources and efforts between the Permittees such as Integrated Watershed Planning. As such, the Public Works Department works cooperatively with GWMA cities and others to make better use of the limited resources while making an effort to comply with the Municipal NPDES Permit. With that said,the City of Vernon participated with the cities of Bell Gardens, Downey, Lynwood, Norwalk, Paramount, Pico Rivera, Santa Fe Springs, Signal Hill, South Gate, and Whittier (hereinafter referred to as"Participating Cities")in the Proposition 84 grant funding application to install stormwater treatment systems(hereinafter referred to as the"Project"). GWMA contracted with a consultant to lead the coordination and the State Water Resources Control Board (State Board) awarded $1,073,820 in grant funds with a local match of$270,220. On March 17, 2015 the City Council approved the Subrecipient Agreement between the City and GWMA to assist in facilitating the receipt,processing,and reimbursement of the Grant Agreement funding for the purposes of the Proposition 84 Grant Program through the State Board. The City's portion of grant funds is for two tree boxes which serve as Local Impact Development (LID) stormwater capture devices. These devices are slated to be installed on 26`h Street: 1)one tree box will be installed west of Indiana Avenue, and; 2) one tree box will be installed east of Indiana Avenue. The tree boxes will be the City's first pilot project to achieve TMDL compliance. The initial value of the two tree boxes to be installed in the City's jurisdiction was $92,185.45, including construction,project management and monitoring with a total local match of$18,565.45. Discussion As required under Section 4.1 Implementation of Sub-Project of the Subrecipient Agreement, GWMA released a request for bids for the 8 members,Bell Gardens,Downey,Lynwood,Norwalk, Paramount, Pico Rivera, Santa Fe Springs,and Vernon. GWMA received bid proposals from four companies: 1) Palp, Inc. (Excel Paving), 2) Metro Builders & Engineers Group, Ltd., 3) Bali Construction, Inc., and 4) Mike Prlich and Sons, Inc., with bid amounts ranging from $844,350 - $1,216,740. In June 2016 GWMA awarded the contract to Palp, Inc. (aka Excel Paving)for a cost of$844,350. This essentially leaves a remaining balance of$115,905. The original amount estimated exclusively for the construction portion of the Proposition 84 grant was$728,445. The increase in cost is due in part to the State's delay to approve the project designs, as the costs have increased from the original estimate developed in 2013. The State Board has been notified of the increase in cost and has provided assurances that this increase does not affect the grant agreement. Although the State Board confirmed that the increase in cost for the construction of the project does not affect the grant agreement, Section 2.3 of the Subrecipient Agreement specifies that," ... Subrecipient shall be solely responsible for any costs associated with the Sub-Project in the event that the grant funds are not forthcoming for any reason, or in the event that the Subrecipient Grant Funds are insufficient to cover costs for the Sub-Project in any way." Page 2 of 3 Additionally,Excel Paving will be conducting geological sample testing and disposal of hazardous soil, if required. These services will be conducted under a City Purchase Contract. Fiscal Impact Funds are available in the Public Works Department Street Operations account(1043)to cover the additional costs for the Project, geological sample testing, and disposal of hazardous soil. Attachment 1) Subrecipient Agreement Page 3of3 SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF VERNON AND THE LOS ANGELES GATEWAY REGION INTEGRATED REGIONAL WATER MANAGEMENT JOINT POWERS AUTHORITY This Subrecipient Agreement ("Agreement") is dated March 23 , 2015 ("Effective Date") and is between the City of Vernon, a California charter City and California municipal corporation ("Subrecipient") and the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, a California Joint Powers Authority ("GWMA"). RECITALS A. GWMA has entered into that certain Proposition 84 Stormwater Grant Program Grant Agreement No. 14- 43-550 dated December 4, 2014 ("Grant Agreement") with the State Water Resources Control Board ("State Water Board"), attached hereto as Exhibit "A" and incorporated herein as though set forth in full,by which GWMA will receive One Million Seventy- Three Thousand Eight Hundred Twenty Dollars ($1,073,820.00) for the Multi-Agency/Multi- Watershed Project to assist the Cities of Bell Gardens, Downey, Lynwood, Norwalk, Paramount, Pico Rivera,Santa Fe Springs,Signal Hill,South Gate,Vernon and Whittier("GWMA Members") in implementing Low Impact Development ("LID") Best Management Practices (`BMPs") that will decrease the loading of metals at multiple sites along the Los Angeles River, San Gabriel River and Los Cerritos Channel, and their tributaries, including the construction of a total of twenty-two(22)tree box filters,twenty(20)bioretention tree wells and one thousand two hundred (1,200) linear feet of bioswale (the "Project"). B. Subrecipient shall deposit with GWMA a total amount of Ninety-Two Thousand One Hundred Eighty Five Dollars and Forty-Five Cents ($92,185.45) for GWMA to handle the competitive bidding process and to award a contract to construct and implement Subrecipient's share of the Project by constructing a total of two (2) tree box filters, (collectively "LID BMPs") within its jurisdiction along the Los Angeles River, and its tributaries (the "Sub-Project"). C. GWMA will provide a design template and specifications signed by a civil engineer to the Subrecipient. It shall be the Subrecipient's sole responsibility to incorporate the provided documentation into its city plans signed by the Director of the Department of Public Works,Water & Development Services, as the City Engineer. D. GWMA will designate a total amount of Seventy Three Thousand Six Hundred Twenty Dollars ($73,620.00) of the grant funds from the State Water Board for construction and implementation of the Sub-Project("Subrecipient Grant Funds"). E. Subrecipient understands and acknowledges that it is committing to pay its share to install a specific number of LID BMPs to prevent and reduce metals pollution in stomswater and demonstrate desired environmental results in compliance with the Grant Agreement. The parties therefore agree as follows: 1. SUBRECIPIENT OBLIGATIONS - 1.1 Permits and License. Subrecipient shall assist GWMA in procuring all permits and licenses necessary to accomplish the Sub-Project, pay all charges and fees, and give all notices necessary and incidental to the due and Iawful prosecution of the Sub-Project work. 1.2 Commitment to Cost-Share. Subrecipient shall invest a minimum of Eighteen Thousand Five Hundred Sixty Five Dollars and Forty-Five Cents ($18,565.45) of its own funds (the "Cost-Share Amount"), which constitutes at least twenty percent (20%) of the estimated cost of the Sub-Project, to the Sub-Project, in accordance with the Grant Agreement. GWMA shall document and submit documentation to the State Water Board reflecting Subrecipient's internal costs and total Sub-Project costs to demonstrate the Subrecipient's required cost share obligations under this Agreement and the Grant Agreement. If, upon completion of the Sub-Project, Subrecipient has provided its own funds in an amount less than twenty percent(20%)of the actual cost of the Sub-Project, Subrecipient shall deposit with GWMA the difference between the Cost- Share Amount and twenty percent (20%) of the actual cost of the Sub-Project. 1.3 Income Restrictions. Subrecipient shall pay to the State Water Board any refunds, rebates, credits or other amounts (including interest thereon) accruing to or received by Subrecipient,to the extent-it at try are properly allocable to costs for whi c h S u recipient l as-beeri reimbursed with Subrecipient Grant Funds by GWMA under this Agreement. 1.4 Compliance with Grant Agreement. Subrecipient shall comply with all grantee responsibilities of the Grant Agreement and shall perform its respective obligations under and in accordance with the Grant Agreement. In the event that State Water Board determines Subrecipient has breached the grantee obligations under the Grant Agreement, Subrecipient will be solely responsible for complying with any State Water Board demands, determinations, fines or other such actions or penalties initiated by State Water Board because of the breach. No non- breaching GWMA Member, non-participating GWMA Member,or GWMA as a whole shall be in any way responsible for satisfying any State Water Board demands made in response to a breach of the Grant Agreement by Subrecipient. if Subrecipient is found in breach of the Grant Agreement, it shall remain obligated under this Agreement and remain responsible to fulfill its obligations under this Agreement. The State Water Board may withhold all or any portion of the Subrecipient Grant Funds provided for by this Agreement in the event that Subrecipient has materially violated, or threatens to materially violate, any term, provision, condition or commitment of the Grant Agreement;or Subrecipient fails to maintain reasonable progress toward completion of the Sub-Project. 1.5 Approvals, Entitlements and Permits. If public agency approvals, entitlements or permits are required for implementation of the Sub-Project, Subrecipient shall Promptly assist GWMA in obtaining such approvals, entitlements and permits and submit signed copies of the same to GWMA prior to commencement of Sub-Project work. If the Sub-Project is canned out on lands not owned by Subrecipient, Subrecipient shall obtain adequate rights-of-way for the useful life of the Sub-Project. For purposes of this Agreement, the "useful life" of any constructed portions of the Sub-Project begins upon completion of construction and continues until fifty (50) years thereafter for pipelines and structures and twenty (20) years for all else. Review or approval of Sub-Project applications, documents, permits, plans and specifications or other Sub-Project information by the State Water Board is for administrative purposes only and does not relieve Page 2 of 13 12664-000311808 I74v I doe 4L Subrecipient of its responsibility to properly plan, design, construct, operate, maintain, implement and otherwise carry out the Sub-Project. 1.6 Compliance with Laws, Regulations, Etc. Subrecipient shall, at all times, comply with,and require its contractors and subcontractors to comply with, all applicable federal and state laws,rules, guidelines,regulations and requirements, including,if applicable,Water Code Section 5103(e). Without limiting the foregoing, Subrecipient shall, to the extent possible, comply with the provisions of the adopted environmental mitigation plan for the term of this Agreement, or the useful life of the Sub-Project, whichever is later. Subrecipient certifies that it is not required to file a Statement of Diversion and Use pursuant to Water Code Section 5101. 1.7 Compliance with Urban Water Management Planning Act. Subrecipient certifies that the Sub-Project complies with the Urban Water Management Planning Act(Cal. Water Code, § 10610 et seq.). 1.8 Consistencwith Watershed Manap_ement Plan. Subrecipient certifies that any watershed protection activity under taken as part of the Sub-Project will be consistent with the applicable adopted local watershed management plans and the applicable Water Quality Control Basin adopted by a Regional Water Board or the State Water Board, where such plans exist. Any such activity occurring in the San Gabriel and Los Angeles watersheds shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan,as adopted by the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy and the Santa Monica Mountains Conservancy. 1.9 Water Conservation and Efficiency Programs. Subrecipient has appropriate water conservation and efficiency programs in place. Subrecipient shall comply with the State Water Board's Drought Emergency Water Conservation regulations in Sections 863-865 of Title 23 of the California Code of Regulations. if applicable, Subrecipient shall assist GWMA in preparing a description of its progress and compliance with these Water Conservation regulations in GWMA's reports submitted pursuant to Section 6 of this Agreement. 1.10 State Water Board Disclosure Requirements. Subrecipient shall include the following disclosure statement in any document, written report or brochure prepared, in whole or in part, pursuant to this Agreement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resources Control Board, nor does mention of trade names or commercial products constitute endorsement or recommendation of use_" Further, Subrecipient shall post signage in a prominent location at Sub-Project sites or at Subrecipient's City Hall that includes the State Water Board's logo, available from GWMA, and the following disclosure statement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board." Page 3 of 13 12664-0003\1 808174v I.doe 1.11 Oyerations and Maintenance. Subrecipient shall maintain and operate the facility and structures constructed or improved as part of the Sub-Project throughout the useful life of the Sub-Project,consistent with the purposes for which the Grant Agreement was made. Subrecipient assumes all operations and maintenance costs of the facilities and structures; GWMA and the State Water Board shall not be liable for any cost of such maintenance, management or operation. Subrecipient may be excused from operations and maintenance only upon the written approval of the Deputy Director of the Division of Financial Assistance(the"Division"). For purposes of this Section 1.11, "operation costs" include direct costs incurred for material and labor needed for operations,utilities,insurance and similar expenses. "Maintenance costs"include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 1.12 Continuous Use of Sub-Project,• Lease or Disposal of Sub-Project. Subrecipient, except as provided in this Agreement and the Grant Agreement, shall not abandon, substantially discontinue use of, lease or dispose of the Sub-Project, or any significant part or portion thereof during the useful life of the Sub-Project without the prior written approval of the Deputy Director of the Division. The Deputy Director may condition the approval, as determined to be appropriate by him or her, including a condition requiring repayment of all grant funds or any portion of all remaining grant funds covered by this Agreement together with accrued interest and any penalty assessments that may be due. 2. DISBURSEMENT OF FUNDS 2.1 Deyosit of Funds. Within thirty (30) calendar days of the execution of this Agreement, Subrecipient shall deposit with GWMA an amount not-to-exceed Ninety Two Thousand One Hundred Eighty Five Dollars and Forty-Five Cents ($92,185.45), which shall constitute the total estimated cost of Subrecipient's Sub-Project (which includes the Cost-Share Amount and the Subrecipient Grant Funds amount). 2.2 Reimbursement of Funds; Insufficient Funds. Upon Subrecipient's compliance with the requirements set forth in this Agreement, GWMA shall apply to the State Water Board for reimbursement of Sub-Project costs. Within thirty (30) calendar days of GWMA's receipt of reimbursement funds for the Sub-Project costs from the State Water Board, GWMA shall reimburse Subrecipient in an amount equal to the reimbursement funds received from the State Water Board. The total amount of funds that GWMA reimburses to Subrecipient shall in no event exceed the dollar amount listed in Section 2.1 of this Agreement, which said dollar amount shall constitute GWMA's full obligation to Subrecipient, unless GWMA receives additional funds from the State Water Board for the completion of the Sub-Project or unless GWMA opts to shift the funds currently allocated under the Grant Agreement from other GWMA Members' sub-projects to the Sub-Project. In such case, the parties shall amend the Agreement to reflect the additional sum and, if applicable, the additional LID BMPs to be constructed under the Sub-Project. If the Subrecipient Grant Funds are insufficient to complete the Sub-Project, Subrecipient shall secure and provide such additional non-State Water Board grant funds necessary to complete the Sub- Project. Reimbursement, if any, to Subrecipient by GWMA in accordance with this Section 2.2 is conditioned upon receipt of the grant funds by GWMA from the State Water Board and obtaining all required approvals from the State Water Board, including environmental clearances. if the Page 4 of 13 12664-"311 8 08 1 74v Ldoc grant funds are not forthcoming from the State Water Board, for any reason, GWMA shall not have any obligation to reimburse Subrecipient through any other source of GWMA funds. If the grant funds are reduced by the State Water Board, for any reason, Subrecipient shall secure and provide such additional funds necessary to complete the Sub-Project and GWMA shall not have any obligation to reimburse Subrecipient for such additional funds through any other source of GWMA funds. 2.3 Cost Overruns. At no time shall GWMA or a non-participating GWMA Member be liable for any cost associated with the Project, including the Sub-Project. In the event that the grant funds are not forthcoming from the State Water Board for any reason, or if the Subrecipient Grant Funds are insufficient to cover costs for the Sub-Project in any way,GWMA and the GWMA Members that are not named as the Subrecipient under this Agreement shall not be held liable for any costs. Subrecipient shall be solely responsible for any costs associated with the Sub-Project in the event that the grant funds are not forthcoming for any reason, or in the event that the Subrecipient Grant Funds are insufficient to cover costs for the Sub-Project in any way. 3. TERM 3.I Term. This Agreement shall commence on the Effective Date and shall continue through final payment to Subrecipient plus thirty-five (35) years, unless earlier terminated in accordance with Section 7.3 or amended. 4. COORDINATION OF WORK 4.1 Im lementation of Sub-Project. After the execution of all subrecipient agreements with all GWMA members participating in the Project, GWMA shall manage the Notice Inviting Bids for the Project and the construction of the Sub-Project in accordance with the Scope of Work set forth in Exhibit A of the Grant Agreement. The parties, upon mutual written agreement, may amend the total number of LID BMPs required to be installed by Subrecipient during the term of this Agreement. Subrecipient shall immediately notify GWMA of events or proposed changes that could affect the scope,budget or work performed under this Agreement prior to the termination of this Agreement pursuant to Section 3.I. Subrecipient shall not undertake any substantial change in the scope of the Sub-Project until Subrecipient has provided written notice of the proposed change to GWMA and the State Water Board has given written approval of the change. 4.2 Subrecipient Representative. The Subrecipient Representative for Subrecipient shall be the Director of the Department of Public Works, Water & Development Services of the City of Vernon or such person as may be designated by the Director of the Department of Public Works,Water&Development Services in writing. GWMA shall refer any decisions that must be made by Subrecipient to the Subrecipient Representative. Any approval by Subrecipient required under this Agreement shall mean the approval of the Subrecipient Representative, unless the Subrecipient Representative informs GWMA that the decision must be made by City Council. 4.3 GWMA Representative. The GWMA Representative shall be the Executive Director, or such person as may be designated by the Executive Director in writing. It shall be Subrecipient's responsibility to ensure that the GWMA Representative is kept informed of the progress of the performance of the Sub-Project and Subrecipient shall refer any decisions that must Page 5 of 13 12664.000311808174vLdoc be made by GWMA to the GWMA Representative. Any approval by GWMA required under this Agreement shall mean the approval of the GWMA Representative, unless the GWMA Representative informs Subrecipient that the decision must be made by the Board of Directors. 4.4 Independent Contractor. Subrecipient is, and shall at all times remain as to GWMA and to all GWMA Members not named as subrecipients under this Agreement, a wholly independent contractor_ Subrecipient shall have no power to incur any debt,obligation or liability on GWNIA's behalf or on behalf of any GWMA Member not named as a Subrecipient under this Agreement. Neither GWMA nor any of its agents shall have control over the conduct of Subrecipient or any of Subrecipient's employees, except as set forth in this Agreement. Subrecipient shall fully comply with the worker's compensation laws regarding the Subrecipient and Subrecipient's employees. Subrecipient shall indemnify and hold GWMA and all GWMA Members not named as subrecipients under this Agreement harmless from any failure of Subrecipient to comply with applicable workers' compensation laws. 5. MANDATORY LIABILITY COVERAGE 5.1 Coverage. Throughout the useful life of the Sub-Project,Subrecipient shall provide and maintain insurance against fire, vandalism and other loss, damage or destruction of the LID BMPs constructed pursuant to this Agreement. 5.2 Memorandum of Coverage. Subrecipient shall file with GWMA upon the execution of this Agreement, a memorandum of coverage issued by the California Joint Powers Insurance Authority, or the equivalent, as accepted by GWMA's Risk Manager, that shall provide that no cancellation,major change in coverage,expiration, or nonrenewal will be made during the term of this Agreement, without thirty (30)calendar days' written notice to GWMA and the State Water Board prior to the effective date of such cancellation or change in coverage. 5.3 Additional Insurance Requirements. The insurance coverage shall provide (i) that the coverage shall extend to GWMA, and each of its officers, agency, employees and volunteers and (ii) that the coverage shall operate as primary coverage. 5.4 Coverage Requirements. This insurance shall be issued by a company or companies admitted to transact business in the State of California. Subrecipient shall require each consultant or contractor retained by Subrecipient to implement the Sub-Project to obtain liability coverage at least as comprehensive as required under this Section 5 of this Agreement and shall require GWMA and its officers, agents, employees, and volunteers to be named as additional named insured on such coverage. Subrecipient shall also require each consultant and contractor to obtain workers' compensation coverage at not less than the minimum required under California law. 5.5 Use of Insurance Proceeds. In the event of any damage to or destruction of the Sub- Project or any larger system to which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Sub-Project or its larger system. Subrecipient shall begin such reconstruction, repair or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in Page 6 of 13 12664-000311808174v I.doe 4 , connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 6. REPORTS,AUDITS,RECORDS, INSPECTIONS AND REVIEWS 6.1 Reports. GWMA shall prepare and submit regional progress and project reports to the State Water Board to fulfill the GWMA's reporting obligations under the Grant Agreement. Subrecipient shall assist GWMA by providing all requested documentation as GWMA prepares and submits progress and project reports to the State Water Board. Subrecipient shall comply with all other reporting requirements required of subrecipients and subgrantees under the Grant Agreement,including,if applicable,the reporting requirements specified in Paragraph G of Exhibit B of the Grant Agreement. 6.2 Audits and Records. GWMA, the State Water Board, the Bureau of State Audits, the Governor of the State, the Internal Revenue Service, or any authorized representative of the foregoing may review and copy any records and supporting documentation pertaining to the performance of this Agreement. The Division, at its option, may call for an audit of financial information relative to the Sub-Project, where the Deputy Director of the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is call for,the audit shall be performed by a certified public accountant_ The audit shall be in the form required by the Division. Subrecipient shall maintain such records for a possible audit for a minimum of thirty-five (35) years after final payment, unless a longer period of records retention is stipulated. Auditor(s) shall have access to such records during normal business hours and allow interviews of any employees who night reasonably have information related to such records. Further, Subrecipient shall include a similar right of GWMA and the State of California to audit records and interview staff in any contract related to performance of this Agreement. 6.3 Records. Without limiting the requirement in Section 9.2 of this Agreement to maintain Sub-Project accounts in accordance with generally accepted accounting principles, Subrecipient shall,to the extent applicable: 6.4 Establish an official file for the Sub-Project that adequately documents all significant actions relative to the Sub-Project; 6.5 Establish separate accounts that adequately and accurately depict all amounts received and expended on the Sub-Project, including all portions of grant funds received under this Agreement; 6.6 Establish separate accounts that adequately depict all income received that is attributable to the Sub-Project, especially including any income attributable to portions of grant funds disbursed under this Agreement; 6.7 Establish an accounting system that will adequately depict final total costs of the Sub-Project, including both direct and indirect costs; Page 7 of 13 1 2664-000311 808 1 74v l.doc 6.8 Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements,including any and all reporting requirements under federal tax statutes or regulations; and 6.9 If a Force Account is used by Subrecipient for any phase of the Sub-Project, establish an account that documents all employee hours and associated tasks charged to the Sub- Project per employee. 6.10 Inspections. The State Water Board, the Bureau of State Audits,or any authorized representative of the foregoing, shall have suitable access to the Sub-Project sites at all reasonable times during Sub-Project implementation and thereafter for the useful life of the Sub-Project to ascertain compliance with the Grant Agreement and its goals. 7. ENFORCEMENT OF CONTRACT 7.1 Applicable Law_ This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California and the United States, as applicable. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of Los Angeles or the United States District Court in the Central District of California,or any other appropriate court in Los Angeles County, and Subrecipient covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. Pending the resolution of disputes arising under this Agreement by the parties or a court of competent jurisdiction, Subrecipient shall continue to fulfill and comply with all the terms, provisions, commitments and requirements of this Agreement. 7.2 Assi meat. Subrecipient shall not assign this Agreement, either in whole or in part, without GWMA's prior written consent. 7.3 Termination. GWMA may terminate this Agreement if GWMA receives notice from the State Water Board that the Grant Agreement has been terminated by giving written notice to Subrecipient. In the event of the State Water Board's termination of the Grant Agreement upon the violation by GWMA, Subrecipient or any other GWMA Member subrecipient of any material provision of the Grant Agreement, Subrecipient shall, upon demand, immediately repay to the State Water Board an amount equal to the Subrecipient Grant Funds distributed to Subrecipient prior to such termination. In the event of such termination, interest shall accrue on Subrecipient's amounts due at the highest legal rate from the date that notice of termination is mailed to GWMA from the State Water Board to the date Subrecipient's full repayment. 7.4 Waiver. Waiver by any party of any of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. 7.5 No Third Party Rights. The parties to this Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this Agreement, or of any duty, covenant, obligation or undertaking established in this Agreement. 7.6 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are Page 8 of 13 1 2664-000311 808 1 74v1 doc cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default, or any other default by the other parties. 7.7 Legal Action. In addition to any other rights or remedies,any party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to complete specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. 7.8 Attorneys' Fees. If any party to this Agreement is required to initiate or defend or is made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief that may be granted, whether legal or equitable, shall be entitled to actual attorneys' fees. Attorneys' fees shall include attorneys' fees on any appeal, and in addition a party entitled to attorneys' fees shall be entitled to all other costs for investigating such action, taking depositions and discovery and all other costs incurred in such litigation. 7.9 Damages for Breach Affecting Tax Exempt Status. In the event that any breach of any of the provisions of this Agreement by Subrecipient results in the loss of tax exempt status for any state bonds, or such breach results in an obligation on the part of the State to reimburse the federal government by reason of any arbitrage profits, Subrecipient shall immediately reimburse the State Water Board in an amount equal to any damages paid by or loss incurred by the State due to such breach. 7.10 Related Litigation. Under no circumstances may Subrecipient use any portion of the Subrecipient Grant Funds from any disbursements under this Agreement to pay costs associated with any litigation Subrecipient pursues against the State Water Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, Subrecipient agrees to complete the Sub-Project funded by this Agreement or to repay the Subrecipient Grant Funds, plus interest. 8. INDEMNIFICATION 8.1 Indemnification. Neither GWMA nor any officer or employee thereof, nor any member of GWMA that is not named as a subrecipient in this Agreement, shall be responsible for any damage or liability occurring by reason of anything done or committed to be done by Subrecipient,its officers, agents,employees,contractors and subcontractors under this Agreement. Subrecipient shall fully indemnify, defend and hold GWN4A, the State Water Board and the State (collectively, the "Indemnitees") harmless from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever, arising out of, resulting from or in any way connected with(1)the Sub-Project or the conditions,occupancy,use, possession,conduct or management of,work done in or about,or the planning, design,acquisition, installation or construction of the Sub-Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement and any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Waste Control Law, Section 13304 of Page 9 of 13 1 2664-000311 808 1 74v I Am California Water Code and any successors to said laws), rule or regulation or the release of any toxic substance on or near the Sub-Project site(s); or (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by Subrecipient for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, Subrecipient shall pay and discharge any judgment or award entered or made against the Indemnitees with (respect to any such claim or action, and any settlement, compromise or other voluntary resolution. The provisions of this Section 8.1 shall survive the expiration or termination of this Agreement. 9. MISCELLANEOUS PROVISIONS 9.1 Conflict of Interest. Subrecipient certifies that it is in compliance with applicable state and federal conflict of interest laws. 9.2 Fiscal Management Systems and Accounting Standards. Subrecipient agrees that, at a minimum, its fiscal control and accounting procedures shall be sufficient to permit tracing of the grant funds to a level of expenditure adequate to establish that the Subrecipient Grant Funds have not been used in violation of state law,this Agreement or the Grant Agreement. Subrecipient shall maintain separate Sub-Project accounts in accordance with generally accepted accounting principles. 9.3 Discove of Potential Archeological or Historical Resources. Should potential archeological or historical resources be discovered during implementation of the Sub-Project, all Sub-Project work in the area shall cease until (1) a qualified archeologist has evaluated the siWation and made recomunnendations regarding preservation of the resources and.(2) the.I uty Director of the Division has determined what actions should be taken to protect and preserve the resource. Subrecipient shall implement appropriate actions as directed by the Division. 9.4 Nondiscrimination. During the performance of this Agreement, Subrecipient and its consultants and contractors shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex,race,color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition(cancer), age (over 40),marital status and denial of family care leave. Subrecipient and its consultants and contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Subrecipient and its consultants and contractors shall comply with the provisions of the Fair Employment and Housing Act (Cal. Gov. Code, § 12990) and the applicable regulations promulgated thereunder(Cal. Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of regulations, are incorporated into this Agreement by this reference and made a part hereof as if set forth in full. Subrecipient and its consultants and contractors shall give written notice of its obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement, if any. Subrecipient shall include the nondiscrimination and compliance provisions in this Section 9.4 in all subcontracts to perform Sub-Project work under this Agreement. Subrecipient's failure to carry Page 10 of 13 12664-O00311808174v] doc out the requirements set forth in this Section 9.4 and applicable requirements in Part 33 of Title 40 of the Code of Federal Regulations is a breach of a material provision of this Agreement that may result in its termination. 9.5 Discovery of Unexpected Endangered or Threatened Species. Should federal or state protected species, as defined in the federal and state Endangered Species Acts, be unexpectedly encountered during implementation of the Sub-Project, Subrecipient shall promptly notify GWMA. This notification is in addition to Subrecipient's obligations under the federal and state Endangered Species Acts. 9.6 Rights in Data. All data, plans, drawings, specifications, reports, computer programs, operating manuals, audio and video recordings, notes and other written or graphic work produced in the performance of this Agreement shall be in the public domain. Subrecipient may disclose, disseminate and use in whole or in part, any final form data and information received, collected and developed under this Agreement, subject to appropriate acknowledgment of credit to the State Water Board for financial support. Subrecipient shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. 9.7 Notices. (a) Subrecipient shall notify GWMA at least twenty(20) working days prior to any public or media event publicizing the accomplishments or results of this Agreement and provide the opportunity for attendance and participation by GWMA and State Water Board representatives. (b) Any notices, bills, invoices or reports required by this Agreement shall be given by first class U.S. mail or by personal service. Notices shall be deemed received on (i) the day of delivery if delivered by hand or overnight courier service during Subrecipient's and GWMA's regular business hours or by facsimile before or during regular business hours; or (ii) on the third business day following deposit in the United States mail, postage prepaid, to the addresses set forth below, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section 9.6(b). All notices shall be delivered the parties at the following addresses: To GWMA: Attn: Grace J. Kast, Executive Officer Gateway Regional Water Management Authority 16401 Paramount Boulevard Paramount, California 90723 Facsimile: 562-634-8216 To Subrecipient: Attn: Samuel Kevin Wilson, Director of Public Works, Water& Development Services City of Vernon 4305 Santa Fe Avenue Vernon, California 90058 Facsimile: 323-826-1435 Page 11 of 13 12664-0003U 808174v I.doc 9.8 Headings. The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the parties to this Agreement. 9.9 Word Usage_ Unless the context clearly requires otherwise, (a) the words "shall," `will" and "agrees" are mandatory and "may" is permissive; (b) "or" is not exclusive; and (c) "includes"or"including" are not limiting. 9.10 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. 9.11 Integration;Amendment. It is understood that there are no oral agreements between the parties of this Agreement affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 9.12 Corporate AuthoritX. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (h) they are duly authorized to execute and deliver this Agreement,on behalf of said party; (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) entering into this Agreement does not violate any provision of any other agreement to which said party is bound. 9.13 Exhibits; Precedence. Exhibit A is incorporated into this Agreement by this reference. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of Exhibit A,the provisions of this Agreement shall prevail,except that all state grant fund requirements contained in Exhibit A shall prevail over the provisions of this Agreement. 9.14 Severabilitty. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable for any reason,the validity of and enforceability of the remaining provisions of this Agreement shall not be affected and continue in full force and effect. Page 12 of 13 12664-"311808174v Ldoc The parties are signing this Agreement on the date stated in the introductory clause. GWMA Subrecipient Los Angeles Gateway Region integrated City of Vernon Regional Water Management Joint Powers a California charter City and California Authority a alifornia Joint Powers Auth ty municipal corporation By: By: ame: Nance ark Whitworth `l'itle: Title( City Administrator T ATTEST: ATTEST: r Name: , 4 �.�- Name: Maria . A a Title: c -,an A-, Title: City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Narr►e: 4i4 , { ' N ema Patel Title: - +[. �� Title. City Attorney Page 13 of 13 1 2664-000311 808 1 74 v I-doc EXHIBIT A GRANT AGREEMENT (Attached) A-1 12664-0003\1808174v I.doc iR STATE K Y DGS r-LEG2TRATICN NO. 1 1 2 PROPOSITION 84 STORMWATER GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD, hereinafter called"State'or"State Water Board" AND GATEWAY WATER MANAGEMENT AUTHORITY, hereinafter called 'Grantee' MULTI-AGENCY/MULTI-WATERSHED PROJECT TO INCORPORATE LOW IMPACT DEVELOPMENT (LID) BEST MANAGEMENT PRACTICES (BMPs) INTO MAJOR TRANSPORTATION CORRIDORS, hereinafter called 'Project" AGREEMENT NO. 14-443-550 The State and Grantee hereby agree as follows: PRovlsloN(s). The following provisions) authorize the State Water Board to enter into this type of Grant Agreement: Pub. Resources Code,§75050(m) (Prop.84 Stormwater Contamination Reduction and Prevention) PURPOSE•The State shad provide a grant to and for the benefit of Grantee for the purpose of implementing LID BMPs that will decrease the loading of metals into the Los Angeles River, San Gabriel River, and Los Cerritos Channel,and their tributaries. GRANT AMouNT.The maximum amount payable under this Agreement shag not exceed$1,073,820. TERM of AGAEEMENT.The term of the Agreement shall begin on OCTOBER 1, 2014 and continue through final payment plus thirty-five(35)years unless otherwise terminated or amended as provided in the Agreement. HOWEVER,ALL WORK SHALL BE COMPLETED BY MARCH 31,2017. ABSOLUTELY NO FUNDS MAY BE REQUESTED AFTER APRIL 30,2017. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Agreement will be: State Water Bcard Grantee; Gq!qy�ay Water Mann sment Author' Name: ricer Japlin,Grant Manager Name: Grace Kast. Pro ect Director Address, 1 OU1 I Street. 1 Poor Address: 16401 Paramount Blvd Ti Sacrarnefo, CA 95814 C Paramcu CA 90723 Phone. 916 341-5636 Phase' 626 485-0338 Fax: 916 341-5707 Fax: 582 634-276 If-mail: in aterboards-aa- ow I 9-mail; GraCekast.oateway9Qmai1.G0M Direct all inquiries to. State Water Board Grantee; G ateway Water Man aq anent Autho ' Section: Division of Financial Assistance Section: Attention: Michele Stebbins Program Analyst Dame: Jahn Hunter, Grant Contact Address: 1001 1 Street 1 r Floor Address: 6131 Qrw eth a Avenue, Suite 300 : Sacramento CA 95814 : Buena Park CA 90620 Phone: 916 341-5665 1 Phone: 562 802-7880 Fax,. 918 341-529 Fax: 562 802-2297 0-Mail' M r w terbo r s_c2,_ v I e-mail. AunterLDilhamet Gateway Water Management Authority State Water Board Grant Agreement No. 14443-SM Page 2 of 20 Either party may change its Project Representative upon written notice to the other party. STANDARDR wSi .The following exhibits are attached and made a part of this Agreement by this reference: Exhibit A SCOPE OF WORK—WORK TO BE PERFORMED BY THE GRANTEE Exhibit B INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS Exhibit C GENERAL TERMS&CONDITIONS Exhibit D SPECIAL CONDITIONS GRANTEE REPRESENTA77oNs. The Grantee accepts and agrees to comply with all terms,provisions,conditions, and commitments of this Agreement, including all incorporated documents,and to fulfill all assurances, declarations,representations,and commitments made by the Grantee in its application,accompanying documents, and communications flied in support of its request for grant funding. Grantee shall comply with and require Its contractors and subcontractors to comply with all applicable laws.policies and regulatlons. IN WITNESS THEREOF, the parties have executed this Agreement on the dates*;e[tcrtkr� i 13y- �4f C�- rantee Signet Darrin PoThemus. Depu or State Water Resources Control Board, Division of Financial Assistance Grantee Typed/Printed Name date x -�— Title Reviewed t4 Office of Chief Counsel Date:12-y-�� Date Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 3 of 20 EXHIBIT A SCOPE OF WORK—WORK TO BE PERFORMED BY THE GRANTEE A. PLANS AND GENERAL COMPLIANCE REQUIREMENTS 1. In order for the State Water Board and Regional Water Quality Control Board(Regional Water Board) staff to verify work was adequately performed or conducted, Global Positioning System (GPS) information for project site and monitoring locations must be identified for this Project. Submittal requirements for GPS data are available at: hM:ilwww.wate arils-ca.govlwater issu_ �yiroaramglgrants loansJowl inVdocslans-pdf. 2. The Grantee shall prepare and submit a Monitoring and Reporting Plan(MRP)that does all of the following: 1)identifies the nonpoint source(s)of pollution to be prevented or reduced by the Project;2) describes the baseline water quality or quarrty of the environment to be addressed;3)describes the manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the desired environmental results;and 4)describes the monitoring program,including, but not limited to.the methodology,frequency,and duration of monitoring. The MRP shall be organized as follows,and may be submitted as separate documents or in one report. 2.1 Proiect Assessment and Evaluation Project Assessment and Evaluation Plan (PAEP)describes the manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the desired environmental results. PAEP details the methods of measuring Project benefits and reporting them in accordance with a PAEP. Grantee shall not implement monitoring and performance assessment and/or evaluation actions prior to PAEP approval by the Grant Manager. Guidance for preparing the PAEP is available at htip llwww.w vlwater issug&yroa ram wo rants loans/paepliridex-s h rnl. 2.2 Monitoring Plan All projects that include water quality or environmental monitoring must prepare a Monitoring Plan (MP). At a minimum, all MPs must: 1)describe the baseline water quality or quality of the environment to be addressed;2)identify the non-point source(s)of pollution to be prevented or reduced by the Project;and 3) provide GPS information for all sampling locations. The MP must include a description of the monitoring program and objectives,types of constituents to be monitored, methodology,the frequency and duration of monitoring,and the sampling location for the monitoring activities. Any costs related to monitoring data collected prior to and not supported by the approved MP will not be reimbursed. Changes to the MP must be submitted to the Grant Manager for review and a decision regarding approval prior to implementation. Guidance for preparing an MP is available at: http�'.'v,ww.waterboards.ca-aoV?water issuta,prggramslaranrs loansiarant infoAr1dex-shxm1#p1an5. 2.3 Quality Assurance and Project Plan If water quality monitoring is undertaken,the Grantee shall also prepare, maintain,and implement a Quality Assurance Project Plan (QAPP) in accordance with the State Water Board's Surface Water Ambient Monitoring Program's(SWAMP)QAPP and data reporting requirements, and the USEPA QAPP, EPA AO/RS, 3/01. Water quality monitoring data includes physical, chemical,and biological monitoring of any surface water. The QAPP shall be submitted to the State Water Board's Quality Assurance Officer for review and a decision regarding approval. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. Guidance for preparing the QAPP is available at: ht Jlwww-w r# a s. a.acvlwa#er Issueslorogramsfgrants_logavGrant inf&ndex.shtml. Gateway Water Management Authority State Water Board Grant Agreement No. 14- 43-550 Page 4 of 20 The Grantee shall upload a pdf version of the final approved document(s)to the Financial Assistance Application Submittal Tool (FAAST)system. 2.4 Data Management The Grantee shall upload all water quality data obtained through its impiementation of the MP to the California Environmental Data Exchange Network(CEDEN). The Grantee shall also provide a receipt of successful data submission, which is generated by CEDEN, to the Grant Manager prior to submitting a final invoice. Guidance for submitting data, including required minimum data elements and data formats, is available at h22://www.ceden.or-q or the Regional Data Centers(RDCs) (Moss Landing Marine Lab, San Francisco Estuary Institute, Southern California Coastal Water Research Project, or Central Valley RDC). Contact information for the RDCs is included in the CEDEN web link. 3 Activities supported by grant funds are projects under the California Environmental Quality Act(CEQA) and must comply with CEQA requirements. Work on the Project cannot begin until the State Water Board has reviewed the CEQA documentation submitted by the Grantee and given environmental clearance. If the work is conducted on federal land,the Grantee must also comply with the National Environmental Policy Act(NEPA). Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement 4. If public agency approvals, entitlements, or permits are required, such approvals, entitlements or permits must be obtained and signed copies submitted to the Grant Manager before work begins. If the Project is carried out on lands not owned by the Grantee, the Grantee must obtain adequate rights of way for the useful life of the Project 5 State Disclosure Requirements—Include the following disclosure statement in any document, written report, or brochure prepared In whole or in part pursuant to this Agreement 'Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resources Control Board, nor does mention of trade names or commercial products constitute endorsement or recommendation for use.' Signage shall be posted in a prominent location at Project site (if applicable)or at the Grantee's headquarters and shall include the State Water Board color logo (available from the Program Analyst): c..9%0 Water Boards and the following disclosure statement "Funding for this project has been provided in full or In part through an agreement with the State Water Resources Control Board.' 6. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within Item 5 of this exhibit Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 5 of 20 B. PROJECT-SPECIFIC REQUIREMENTS 1. Project Management 1.1 Provide all technical and administrative services as needed for Agreement completion; monitor, supervise, and review all work performed;and coordinate budgeting and scheduling to ensure the Agreement is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations. 1.2 Notify the Grant Manager at least fifteen (15)working days in advance of upcoming meetings, workshops, and trainings. 1.3 Conduct pre-,during, and post-construction photo monitoring and submit to the Grant Manager. 1.4 Conduct periodic and final site visits with the Grant Manager. 2. Planning, Design, and Engineering 2.1 Complete the preliminary design plans and specifications and submit to the Grant Manager for review and approval. The design plans will include a minimum of: twenty-two (22)tree box filters; twenty(20) bloretention tree wells;and one thousand, two hundred (1200) linear feet of bioswale at multiple sites along the Los Angeles River, San Gabriel River, and Los Cerritos Channel and their tributaries. 2.2 Complete the final design plans and specifications and prepare a summary identifying any changes from the preliminary design plans in Item 2.1. Submit the plans and summary of changes to the Grant Manager for review and approval prior to preparing bid documents in item 2.3. 2.3 Complete the bid documents and advertise the Project for bid. Submit the awarded bid documents to the Grant Manager in an electronic format. 3. Construction and Implementation 3.1 Award the construction contract and submit the Notice to Proceed to the Grant Manager in an electronic format. 3.2 Complete construction activities in accordance with approved final design plans and specifications. 3.3 Submit as-built drawings to the Grant Manager in an electronic format. 3.4 Prepare and submit an Operations and Maintenance Plan to the Grant Manager for review and approval. 4. Monitoring and Performance 4.1 Monitor in accordance with the approved MP. 4.2 Analyze monitoring results, document implementation of monitoring in accordance with the MP, and include a summary report of the monitoring results in the associated quarterly progress report. A summary of all monitoring results shall be included in the Final Project Report. 5. Education and Outreach 5.1 Create a press release that informs the public of basic stormwater issues and notifies them of local community events. Send the press release to a minimum of six(6)to local medla outlets and submit a copy of the press release to the Grant Manager. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 6 of 20 5.2 Conduct a minimum of one (1) community event annually in each of the Los Angeles River, Los Cerritos Channel,and Lower San Gabriel River watersheds,for a total of at least three(3)events to educate the community about stormwater pollution sources and prevention. Submit the community event materials to the Grant Manager. 5.3 Conduct an informal survey at each event in Item 5.2 to assess the increase in stormwater awareness. Submit educational materials and survey results for each event to the Grant Manager. 5.4 Develop and distribute outreach materials related to metals pollution in stormwater,to local schools in each watershed. Submit the outreach materials to the Grant Manager. 5.5 Coordinate with local schools to attend the appropriate community events identified in hem 5.2 and submit student attendance information to the Grant Manager. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 7 of 20 TABLE OF ITEMS FOR REVIEW ITEM DESCRIPTION CRITICAL DUE ESTIMATED DATE DUE DATE EXHIBIT A-SCOPE OF WORK-WORK TO BE PERFORMED BY THE GRANTEE A. PLANS AND GENERAL COMPLIANCE REQUIREMENTS 1. . GPS information for Project site and monitoring locations Day 90 2. Monitoring and Reporting Plan 2.1 Project Assessment and Evaluation Plan (PAEP) Day 90 2.2 Monitoring Plan (MP) Day 90 2.3 Quality Assurance Project Plan (QAPP) Day 90 2.4 Proof of Water Quality Data Submission to CEDEN Before Final Invoice 3. Copy of Final CEQA/NEPA Documentation Day 30 4. Public Agency Approvals, Entitlements, or Permits As Needed B. PROJECT-SPECIFIC REQUIREMENTS 1. Project Management 1.2 Notification of Upcoming Meetings,Workshops, and ' Ongoing Trainings ' 1.3 Pre-, During, and Post-Construction Photos Ongoing 1.4 Periodic and Final Site Visits Ongoing i 2. Planning, Design, and Engineering i 2.1 Preliminary Design Plans and Specifications December 2014 2.2 Final Plans and Specifications and Summary of Changes Y February 2015 2.3 Awarded Bid Documents March 2015 3. Construction and Implementation 3.1 Notice to Proceed March 31, 2015 3.3 As-Built Drawings September 2016 3.4 i Operations and Maintenance Plan October 2016 5. Education and Outreach 5.1 Copy of Press Release Ongoing 5.2 Community Event Materials November 2016 5.3 Survey Results November 2016 5.4 School Outreach Materials December 2016 5.5 Attendance Information December 2016 Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 8 of 20 ITEM DESCRIPTION CRITICAL DUE ' ESTIMATED DATE DUE DATE EXHIBIT B— INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS A_ INVOICING I Quarterly G. REPORTS 1. Progress Reports within forty-five(45)days following the Quarterly end of the calendar quarter(March,June, September, and December) 2. Annual Progress Summaries Y Annually by 9130 3. Natural Resource Projects Inventory(NRPI)Survey Form Before Final (If applicable) Invoice 4. Draft Final Project Report January 31, 2017 5. Final Project Report - — February 28, 2017 6. Final Project Summary Before Final Invoice 7. Final Project Inspection and Certification Before Final Invoice Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 9 of 20 EXHIBIT B INVOICING, BUDGET DETAIL,AND REPORTING PROVISIONS A. INVOICING 1. Invoices shall be submitted using the invoice template provided by the State Water Board. The invoice must be itemized based on the line items specified in the Budget. The original invoice shall be submitted to the State Water Board's Grant Manager on a quarterly basis consistent with the reporting schedule in Section G.1 of this exhibit. The address for submittal is: Spencer Joplin, Grant Manager State Water Resources Control Board 1001 1 Street, 1 e Floor Sacramento, CA 95814 2. Invoices submitted in any other format than the one provided by the State Water Board will cause an invoice to be disputed. In the event of an invoice dispute,the State Water Board's Grant Manager will notify the Grantee by initiating an'Invoice Dispute Notification"form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. The State Water Board Grant Manager has the responsibility for approving invoices. 3. Supporting documentation (e.g., receipts) must be submitted with each invoice to request reimbursement for grant funds as well as to support Match Funds invoiced. The amount claimed for the Personnel Services line item and Professional and Consultant Services One item must include a calculation formula (i.e., hours or days worked times the hourly or daily rate=total amount claimed). Invoice payment shall be made only after receipt of a complete,adequately supported, property documented and accurately addressed invoice. 4. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by the Grantee is not required as a condition of the grant disbursement,all grant disbursements received by the Grantee shall be paid to contractors and vendors within thirty(30)days from receipt of the funds. In the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty(30)days from receipt of the funds,the Grantee shall immediately return such funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to the State Water Board. If the Grantee held such funds in interest-bearing accounts, any interest earned on the funds shall also be due to the State Water Board. 5. Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with,federal or state laws, rules,or regulations,or which may require any rebates to the Federal Govemment, or any loss of tax-free status on state bonds, pursuant to any Federal statute or regulation. 6. Notwithstanding any other provision of this Agreement,the Grantee agrees that the State Water Board may retain an amount equal to ten percent (10%)of the grant amount specified in this Agreement until completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 7. The invoice shall contain the following information: a. The date of the invoice; b. The time period covered by the invoice, i.e., the term 'from"and "to": c. The total amount due: and Gateway Water Management Authority State Water Board Grant Agreement No. 14- 43-550 Page 10 of 20 d. Original signature and date (in ink)of Grantee or its authorized representative. e. Final invoice shall be dearly marked"FINAL INVOICE"and submitted NO LATER THAN APRIL 30,2017. B. PROHIBITION OF INDIRECT COSTS The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such, grant funds may not be used for any indirect costs. "Indirect Costs"means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e.,costs that are not directly related to the Project). Examples of Indirect Costs include,but are not limited to:central service costs;general administration of the Grantee; non-project-specific accounting and personnel services performed within the Grantee organization;depreciation or use allowances on buildings and equipment;the costs of operating and maintaining non-project-specific facilities;tuition and conference fees; and, generic overhead or markup. Any invoice submitted including Indirect Costs will cause that invoice,in its entirety,to be disputed and will not be paid until the dispute Is resolved. This prohibition applies to the Grantee and any subcontract or sub-agreement for work on the Project that will be reimbursed with grant funds pursuant to this Agreement. (Gov.Code, § 16727.) C. BUDGET CONTINGENCY CLAUSE The maximum amount to be encumbered under this Agreement for the 2014-15 fiscal year ending June 30, 2015 shall not exceed ONE MILLION, SEVENTY-THREE THOUSAND, EIGHT HUNDRED TWENTY DOLLARS ($1,073,820). If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program,this Agreement shall be of no force and effect Thfs provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event,the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If this Agreements funding for any fiscal year is reduced or deleted by the Budget Act,by Executive Order,or by order of the Department of Finance,the State shall have the option to either cancel this Agreement with no liability occurring to the State,or offer an Agreement amendment to the Grantee to reflect the reduced amount. D. LINE ITEM BUDGET PROP 84 MATCH TOTAL Direct Project Administration Costs $ 0 $ 35,980 $ 35,980 Planning/DesigrdEngineering/Environmental $ 0 $ 78,500 $ 78,500 Equipment($5,000 or more per item) $ 0 $ 0 $ 0 Construction/Implementation $1,073,820 $ 75,135 $1,148,955 Monf oring/Performance $ 0 $ 69.700 $ 69,700 Education/Outreach $ 0 $ 10,905 $ 10,905 TOTAL $1,073,820 $270,220 $1,344,040 Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 11 of 20 E. BUDGET LINE ITEM FLEXIBILITY 1. Line Item Adjustment(s). Subject to the prior review and approval of the Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%)of the total grant amount(excluding Match Funds), including any amendment(s)thereto. Line item adjustments in excess of fifteen percent(15%) shall require a formal Agreement amendment. If the Line Item Budget includes an amount for Personnel Services,that amount is based on the hours, classifications, and rates submitted by the Grantee in its application. Any changes to the hours, classifications, and rates must be approved, in advance and in writing,by the Grant Manager. 2. Procedure to Request an Adjustment.Grantee may submit a request for an adjustment in writing to the State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s)followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The State Water Board may atso propose adjustments to the budget. 3. Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement,any remaining funds revert to the State.The State Water Board will mail a Notice of Project Completion letter to the Grantee stating that the project file is closed,the final invoice is being processed for payment, and any remaining balance will be disencumbered and unavailable for further use under the Grant Agreement. F. MATCH FUNDS 1. The Grantee agrees to provide match funds in the amount of TWO HUNDRED SEVENTY THOUSAND, TWO HUNDRED TWENTY DOLLARS ($270,220) (Match Funds)for this Project. This Match Funds amount is based on Line Item Budget categories,funding sources, and amounts submitted by the Grantee in its application and during the negotiation of this Agreement. Any Match Funds One item changes or adjustments in Match Funds classifications or sources requested by Grantee must be approved, in advance and in writing, by the Grant Manager. 2. If, upon completion of the Project,the Grantee has provided match funds in an amount that is less than the Match Funds amount set forth in paragraph FA above,then the State Water Board may proportionately reduce the grant amount and/or Grantee's Match Funds amount, provided the reduced amount(s) satisfy statutory requirements and State Water Board Guidelines. G. REPORTS 1. PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant Manager within forty-fve (45) days following the end of the calendar quarter(March,June, September, and December). a_ The progress reports shall provide a brief description of the work performed,accomplishments during the quarter, milestones achieved, monitoring results (if appOcable), and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. b. The invoice should accompany the progress report. The invoice should reflect charges for the work completed during the reporting period covered by progress report. The invoice cannot be paid prior to submission of a progress report covering the invoice reporting period. 2. ANNUAL PROGRESS SUMMARIES. Prepare and provide an Annual Progress Summary annually by September 30. The summary must be no more than two (2) pages,and shall include pictures as appropriate. Upload an electronic copy of the Annual Progress Summary in pdf format to the FAAST system. The summary shall include the following: Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 12 of 20 a. A summary of the conditions the Project is meant to alleviate,the Project's objective,the scope of the Project,and a description of the approach used to achieve the Projecfs objective. b. A summary of the progress made to date,significant milestones achieved,and the current schedule of completing the Project. c. An evaluation of the effectiveness of the Project to date in preventing or reducing pollution and alleviating the Project's original conditions. 3. NATURAL RESOURCE PROJECTS INVENTORY(NRPI) SURVEY FORM. If available at the completion of this Project,the Grantee shall complete and submit electronically a NRPI Project Survey Form found at htto J/www.ire.uodavis.edu/nrni. 4. DRAFT FINAL PROJECT REPORT. Prepare and submit to the Grant Manager,for review and comment, a Draft Final Project Report in a format provided by the Grant Manager 5. FINAL PROJECT REPORT. Prepare a final Project Report that addresses,to the extent feasible, comments made by the Grant Manager on the Draft Final Project Report. Submit one(1) reproducible master and an electronic copy of the final. Upload an electronic copy of the final report in pdf format to the FAAST system. 6. FINAL PROJECT SUMMARY. Prepare a brief summary of the information contained in the Final Project Report,including before and after pictures,as appropriate. Upload an electronic copy of the Final Project Summary in pdf format to the FAAST system. 7. FINAL PROJECT INSPECTION AND CERTIFICATION. Upon completion of the Project,the Grantee shag provide for a final inspection and shall certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involved the planning,investigation, evaluation, design,or other work requiring interpretation and proper application of engineering,or other professionals,the final inspection and certification shall be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification shall be provided to the Grant Manager. 8. The Grantee agrees to expeditiously provide,during work on the Project and throughout the term of this Agreement, such reports,data, information,and certifications that may be reasonably required by the State Water Board. H. PAYMENT OF PROJECT COSTS The Grantee agrees that it will provide for payment of its fug share of Project costs and that all costs connected with the Project wig be paid by the Grantee on a timely basis. I_ AUDIT DISALLOWANCES The Grantee agrees it shall return any audit disagowanc:es to the State Water Board. J. FRAUD AND MISUSE OF PUBLIC FUNDS All invoices submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shag not submit any invoice containing costs that are inelfgibie or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is Illegal and constitutes fraud. Any suspected occurrences of fraud,forgery, embezzlement,theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division of Financial Assistance may request an audit pursuant to Exhibit C.paragraph 4 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code,§§470, 489-490.) Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 13 of 20 EXHIBIT C GENERAL TERMS &CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties. . APPROVAL: The Grantee will not proceed with any worts on the Project until authorized in writing by the State Water Board. 3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part,without the written consent of the State Water Board. 4. AUDIT: The Grantee agrees the State Water Board,the Bureau of State Audits,the Governor of the State, the Internal Revenue Service,or any authorized representative of the foregoing shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Division of Financial Assistance (Division), at its option, may call for an audit of financial information relative to the Project,where the Deputy Director of the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Grantee and at the cost of the Grantee. The audit shall be in the form required by the Division. The Grantee agrees to maintain such records for a possible audit for a minimum of thirty-five(35)years after final payment, unless a longer period of records retention is stipulated. The Grantee agrees to allow the auditor(s)access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of this Agreement. (Gov. Code,§ 8546.7: Pub. Contract Code, § 10115 et seq.) 5. BONDING: Where contractors are used,the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value;labor and materials(10(ffo)of contract value. This requirement shall not apply to any contract for less than$25,000.00. (Civ. Code, §9550; Pub. Contract Code, §7103.) 6. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with an applicable federal and state laws, rules, guidelines, regulations, and requirements.Without limitation of the foregoing, the Grantee agrees that,to the extent applicable,the Grantee will comply with the provisions of the adopted environmental mitigation plan for the term of this Agreement, or the useful life of the Project,whichever is longer. 7. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 8. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and/or federal conflict of interest laws. B_ CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that,except as provided in the Agreement, it will not abandon,substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the Deputy Director of the Division. Such approval may be conditioned as determined to be appropriate by the Deputy Director of the Division, including a condition requiring repayment of all gram funds or any portion of ail remaining grant funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 10. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal government by Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 14 of 20 reason of any arbitrage profits,the Grantee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. 11. DATA MANAGEMENT: This Project includes appropriate data management activities so that Project data can be incorporated into appropriate statewide data systems. 12. DtSPUTES: The Grantee shall continue with its responsibilities under this Agreement during any dispute.Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director of the Division, or his or her authorized representative.The decision shall be reduced to writing and a copy thereof famished to the Grantee and to the State Water Board's Executive Director.The decision of the Division shall be final and conclusive unless,within thirty(30)calendar days after mailing of the Division decision to the Grantee,the Grantee mails or otherwise furnishes a written appeal of the decision to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary,or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause,the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder,the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments,and requirements of this Agreement. This clause does not preclude consideration of legal questions,provided that nothing herein shall be construed to make final the decision of the State Water Board,or any official or representative thereof,on any question of law. 13. ENVIRONMENTAL CLEARANCE (CEQAINEPAISTREAMBED ALTERATION): a. No work that is subject to the California Environmental Quality Act(CEQA)or National Environmental Policy Act(NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager and the State Water Board has given environmental clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director of the Division. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. Proceeding with work subject to CEQA andfor NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement. b. It this Project includes modification of a river or stream channel, it must fully mitigate environmental impacts resulting from the modification. The Grantee must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether,on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project. 14. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 15. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 16. GRANTEE'S RESPONSIBILITY FOR WORK: The Grantee shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers,and providers of services. The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited to payment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. 17. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates,credits,or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 15 of 20 the Grantee to the State,to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 18. INDEPENDENT ACTOR: The Grantee, and its agents and employees, If any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water Board. 19. INSPECTION: The State Water Board,the Bureau of State Audits, or any authorized representative of the foregoing, shall have suitable access to the Project site at all reasonable times during Project implementation and thereafter for the useful life of the Project to ascertain compliance with this Agreement and its goals. The Grantee acknowledges that the Project records and location are public records. 20. INSURANCE: Throughout the useful life of the Project,the Grantee shall provide and maintain insurance against fire,vandalism and other loss, damage,or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty(30)days prior written notice to the State Water Board. In the event of any damage to or destruction of the Project or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair,or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 21. NONDISCRIMINATION: a. During the performance of this Agreement,the Grantee and its consultants and contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race,color, ancestry, religious creed, national origin,sexual orientation, physical disability(including HIV and AIDS), mental disability, medical condition (cancer),age (over 40), marital status,and denial of family care leave. b. The Grantee, its consultants,and contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. The Grantee, its consultants, and contractors shall comply with the provisions of the Fair Employment and Housing Act(Gov. Code, § 12990) and the applicable regulations promulgated thereunder(Cal. Code Regs.,tit. 2, §7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the Califomia Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. d. The Grantee, its consultants,and contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement, if any. e. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Failure by the Grantee to carry out these requirements and applicable requirements of 40 C.F.R.part 33 is a breach of a material provision of this Agreement which may result in its termination. 22. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies to,any third party as a beneficiary of this grant Agreement, or of any duty, covenant,obligation or undertaking established herein. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 16 of 20 23. NOTICE: a. The Grantee shall notify the State Water Board prior to conducting construction, monitoring, demonstration, or other implementation activities such that State Water Board and/or Regional Water Board staff may observe and document such activities. b. The Grantee shall promptly notify the State Water Board of events or proposed changes that could affect the scope,budget,or work performed under this Agreement_ The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the State Water Board, and the State Water Board has given written approval for such change. c. Discovery of any potential archeological or historical resource. Should a potential archeological or historical resource be discovered during implementation of the Project,the Grantee agrees that all work in the area of the find will cease until a qualified archeologist has evaluated the situation and made recommendations regarding preservation of the resource,and the Deputy Director of the Division has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the Division. d. Discovery of any unexpected endangered or threatened species,as defined in the federal or California Endangered Species Acts. Should a tederal or state protected species be unexpectedly encountered during implementation of the Project,the Grantee agrees to promptly notify the Deputy Director of the Division. This notification is in addition to the Grantee's obligations under the federal or state Endangered Species Acts. e. The Grantee shall notify the State Water Board at least ten(10)working days prior to any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by State Water Board's representatives. f. The Grantee shall promptly notify the State Water Board in writing of completion of work on the Project. g. The Grantee shall promptly notify the State Water Board in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty(30)days or more and of any circumstance,combination of circumstances, or condition,which is expected to or does delay completion of construction for a period of ninety(90) days or more beyond the estimated date of completion of construction previously provided. 24. OPERATIONS& MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the Project throughout the useful life of the Project,consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures;the State Water Board shall not be liable for any cost of such maintenance, management or operation. The Grantee may be excused from operations and maintenance only upon the written approval of the Deputy Director of the Division. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations,utilities, insurance, and similar expenses. "Maintenance costs"include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 25. PERMITS,CONTRACTING,AND DEBARMENT:The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and tees, and give as notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside associates,or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, if any, or as are specifically authorized by the State Water Board's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to,such contractors,associates,or consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 17 of 20 Suspension". The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35;Gov. Code,§4477) www.echo.epa.gov.The Grantee certifies to the best of its knowledge and belief,that it and its principals: a. Are not presently debarred, suspended, proposed for debarment,declared ineligible,or voluntarily excluded by any federal department,the California Department of Industrial Relations (DIR) or Grantee; b. Have not within a three (3)-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal,state or local) transaction or contract under a public transaction;violation of federal or state antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any of the offenses enumerated in paragraph (b)of this certification; and, d. Have not within a three (3)-year period preceding this application/proposal had one or more public transactions (federal, state or local)terminated for cause or default. 26. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable,the Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third party that has been approved by the Director of DIR to operate an LCP. Current DIR requirements may be found at h J/www. ir. . For more information,please refer to DIR's Public Works Manual at: htta•/lwww.dir.ca.aov/dise/PWManualCombined.GadF. 27. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, Investigation,evaluation, or design,or other work requiring interpretation and proper application of engineering or geologic sciences,shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 6735, 7835, and 7835.1. To demonstrate compliance with California Code of Regulations,title 16, sections 415 and 3065, all technical reports must contain a statement of the qualifications of the responsible registered professional(s). As required by these laws,completed technical reports must bear the signature(s) and seal(s)of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work. 28. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles,the Grantee agrees to: a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project; b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project,including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d. Establish an accounting system which will adequately depict final total costs of the Project, Including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and, Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 18 of 20 f. if a Force Account is used by the Grantee for any phase of the Project, establish an account that documents all employee hours, and associated tasks charged to the Project per employee. 29. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this Agreement or to repay all of the grant funds plus interest. 30. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, audio and video recordings, notes, and other written or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose,disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support. The Grantee shall not utilize the materials for any profit-making venture or sell or grant rights to a third party who intends to do so. 31. STATE REVIEWS AND INDEMNIFICATION:The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the State Water Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, construct, operate, maintain, implement,or otherwise carry out the Project.To the extent permitted by law,the Grantee agrees to indemnify,defend and hold harmless the State Water Board and the State against any loss or liability arising out of any claim or action brought against the State Water Board ,and/or the State from and against any and all losses,claims,damages, liabilities or expenses,of every conceivable kind, character and nature whatsoever arising out of,resulting from, or in any way connected with (1)the Project or the conditions,occupancy, use, possession,conduct or management of,work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3)any violation of any applicable law, rule or regulation, any environmental law (including,without limitation,the Federal Comprehensive Environmental Response,Compensation and Liability Act,the Resource Conservation and Recovery Act,the California Hazardous Substance Account Act,the Federal Water Pollution Control Act, the Clean Air Act,the California Hazardous Waste Control Law and California Water Code, section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System;or, (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement.To the fullest extent permitted by law,the Grantee agrees to pay and discharge any judgment or award entered or made against the State Water Board and/or the State with respect to any such claim or action, and any settlement,compromise or other voluntary resolution.The provisions of this section shall survive the term of this Agreement. 32. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Water Boards. 33. STATE WATER BOARD ACTION,COSTS,AND ATTORNEY FEES:The Grantee agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Grantee,whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each parry shall bear its own filing costs and attorney fees. 34. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State Water Board, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the State Water Board. In the event of termination, the Grantee agrees, upon demand,to immediately repay to the State Water Board an amount equal to the amount of grant Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 19 of 20 funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed tolfrom the Grantee to the date of full repayment by the Grardee. 35. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner. 36. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at htto://www.eWhr.ca.ciovtemulovees/PaaesAravel-reimbursoments.asox. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Grantee. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Grant Manager. 37. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable,then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 38. URBAN WATER MANAGEMENT: The Grantee certifies that this Project complies with the Urban Water Management Planning Act(Water Code, § 10610 et seq.). This shall oonstitute a condition precedent to this Agreement. 39. USEFUL LIFE OF PROJECT: For the purpose of this Agreement,the useful life of any const Wed portions of this Project begins upon completion of construction and continues until fifty(50) years thereafter for pipelines and structures and twenty(20) years for all else. 40. VENUE: The State Water Board and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, Caldomia, or in the United States District Court in and for the Eastern District of California. The Grantee hereby waives any existing sovereign Immunity for the purposes of this Agreement. 41. WAIVER AND RIGHTS OF THE STATE WATER BOARD: Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. 42. WATER CONSERVATION AND EFFICIENCY PROGRAMS: The Grantee acknowledges that it has appropriate water conservation and efficiency programs in place, and that this provision constitutes a condition of the grant award. A web link with examples of water conservation and efficiency programs is available at:htt0:/f ww.walerboards.ca.gov4aterrights/water �ssuesrprograrrrs drauphwconscrvat�on,shtr The Grantee also agrees to comply with the State Water Board's Drought Emergency Water Conservation regulations in sections 863-865 of title 23 of the Califomia Code of regulations. If applicable,the Grantee agrees to include a discussion of progress and compliance in Its reports submitted pursuant to Exhibit B of this Agreement. 43. WATER RIGHTS: The Grantee acknowledges that its eligibility for this Grant award is conditioned on its compliance with Water Code section 5103(e), if applicable. The Grantee further certifies that it is not required to file a Statement of Diversion and Use pursuant to Water Code section 5101. 44. WATERSHED MANAGEMENT PLAN CONSISTENCY: The Grantee certifies that any watershed protection activity undertaken as part of this Project will be consistent with the applicable,adopted, local watershed management plans and the applicable Water Quality Control Plan (Basin Plan and/or Statewide) adopted by a Regional Water Board or the State Water Board, where such plans exist. Any such activity occurring in the San Gabriel and Los Angeles watersheds shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted by the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy and the Santa Monica Mountains Conservancy. 45. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate,any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. Gateway Water Management Authority State Water Board Grant Agreement No. 14-443-550 Page 20 of 20 EXHIBIT D SPECIAL CONDITIONS Proposition 84 Stormwater Grant Program 1. The Grantee certifies that h is a local public agency(i.e.,one of the following:a city,county,city and county, district,or a joint powers authority comprised entirely of local public agencies). 2. The Grantee certifies that this Project is intended to achieve one of the purposes set forth in Public Resources Code section 75050.2(a). 3. The Grantee certfies that any real property or interests in real property acquired for this Project shall be acquired from a willing seller. 4. The Grantee certifies that it is providing a match in the amount of at least 209/0 of the total Project cost. 5. The Grantee certifies that In no event will it complete this Project later than MARCH 31, 2017. It acknowledges that this condition is a material condition of this Agreement. RECEIVED RECEIVED OCT 152016 OCT 242016 CITY CLERK'S OFFICE ""''� C11Y ADMINISTRAnON STAFF REPORT Gc to-2-5- ty PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT Consent DATE: November 1,2016 TO: Honorable Mayor and City Council FROM: Derek Wieske, Director of Public Works, Water & Development Services� Originator: Claudia Arellano, Stormwater & Special Projects Analyst,k RE: Legal Services Agreement with Richards, Watson & Gershon for Litigation regarding the Los Angeles Municipal National Pollution Discharge Elimination System Permit Recommendation A. Find that because the proposed action will not result in direct or indirect physical changes in the environment, it does not constitute a "project" as defined by California Environmental Quality Act ("CEQA") Guidelines Section 15378 and is therefore not subject to CEQA review. Furthermore, even if it were a project, because such activity will not have any effect on the environment, this action would be exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Authorize an $8,000 increase in cost for legal services provided by Richards, Watson & Gershon ("RWG") under their current Legal Services Agreement with the City of Vernon (copy attached)to continue representing the City, as needed to protect the City's interests, as a real party in interest in litigation challenging a Final Order of the State Water Board which approved the National Pollutant Discharge Elimination System(NPDES)Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175 ("Municipal NPDES Permit) as amended by Order WQ 2015-0075. Background In Closed Session on July 21, 2015, the City Council authorized the City Administrator to enter into a Legal Services Agreement with RWG to represent the City, as needed to protect the City's interests, as a real party in interest in litigation likely to be brought by the environmental groups challenging a final order of the State Water Board. The Final Order approved the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permit Order No. R4-2012-0175 as amended by Order WQ 2015-0075. RWG is representing 19 other cities on this matter. At that time, if the litigation proceeded as anticipated, then the initial cost to the City of Vernon to prepare an answer and further advise the City and its staff in connection with the lawsuit was anticipated to be in the range of$1,500-$2,000. If RWG's participation required more time, such that the costs to the City would exceed $2,000, staff indicated this item would return to the City Council for additional authorization. As mentioned above, it was initially anticipated that litigation would be brought by the environmental groups. However, three writ of mandate petitions were filed in Los Angeles Superior Court challenging the 2012 LA County MS4 Permit. One petition was filed jointly by the Natural Resources Defense Council ("NRDC") and Los Angeles Waterkeeper ("LA Waterkeeper"). Two petitions were filed by municipal permittees—one jointly by the Cities of Duarte and Huntington Park,and the other by the City of Gardena. Both of the cases filed by cities have since been transferred to Orange County. Counsel for the Cities of Duarte, Huntington Park and Gardena each requested venue in Orange County,primarily because of the County's proximity to Los Angeles; the petitioners' counsel, and; the 84 municipal permittees that are all real parties in interest to the three separate cases. RWG's clients, including the City of Vernon, were supportive of this request, as Orange County has an established group of judges who hear complex civil cases and could accommodate a case such as this one. In addition, it is easier for counsel to travel to Orange County, thereby saving costs to RWG's client cities. The City of Gardena served the City of Vernon as a real party in interest in its lawsuit, although the complaint seeks no relief from the City of Vernon or any other permittee that the City of Gardena named as a real party. The City of Vernon answered the City of Gardena's petition and appeared in the case for the purpose of monitoring the litigation and receiving notices and filings. However, the City of Vernon reserved its right to participate in the case if necessary. Currently pending before the court is a motion to compel discovery filed by the cities and a motion for judgment on the pleadings filed by the Attorney General. A trial date in the Gardena and Duarte cases has not yet been scheduled. It is possible, however, that the court will order the parties to participate in a comprehensive settlement conference before doing so. The City of Vernon, and 19 other cities represented by RWG, have intervened in the case filed by the NRDC and LA Waterkeeper. That case seeks to eliminate provisions of the MS4 Permit that deem permittees in compliance with certain numeric effluent limits and receiving water Iimits when implementing a Watershed Management Program, as Vernon has elected to do. By intervening in this case, the City of Vernon was permitted to file a brief to resist the NRDC's and LA Waterkeeper's claims. However,the City is not being exposed to any affirmative liability as a result of the intervention. A final hearing for that case was scheduled for September 30, 2016 but, the judge did not issue a decision, or even a tentative decision. The final hearing was continued to November 14, 2016 and that final decision could be pushed further. In addition, a hearing is scheduled for October 14, 2016 in the Duarte and Gardena challenges to the Stormwater Permit. The hearing involves motions by the Cities of Gardena and Duarte to compel discovery on the Water Boards (likely for cost information). The hearing also involves the Attorney General's motion to dismiss some, but not all, of the cities' claims. The hearing was initially scheduled for September, but was delayed due to scheduling conflicts. The following events have caused the cost of these legal efforts to exceed the anticipated initial cost of$2,000: In July 2015, three cases were filed as opposed to the one anticipated case by Page 2 of 3 NRDC and LA Waterkeeper. Second, in addition to answering the NRDC's writ; RWG has also prepared and filed a responsive brief in the NRDC case; answered Gardena's writ petition; coordinated service of process; reviewed the briefs in all three cases, and; participated in several hearings. Consequently, there has been additional work beyond answering the NRDC's writ and monitoring the litigation. Third, there are three cases to follow that are being litigated on separate tracks and in different courthouses. RWG initially anticipated that all three cases would be consolidated in one court in Los Angeles, but the Duarte and Gardena cases were allowed to be transferred to Orange County. Finally, RWG did not anticipate monitoring and participating in the Gardena and Duarte cases to the extent they have been. Gardena's decision to name and serve every city as a real party in interest forced the cities to play a more active role in that case. Fiscal Impact Staff recommends that the City Council authorize an increase of$8,000 to the costs allowed under the current Legal Services Agreement with RWG to have RWG continue to participate on this matter, on behalf of the City and continue advising the City. Including the $2,000 previously authorized, the total not to exceed amount authorized would be $10,000. Funds for the increase requested are available in the City Attorney's Department budget. Attachment(s) 1) Legal Services Agreement dated July 10, 2015 Page 3 of 3 INN RICHARDS I WATSON I GERSHON MY ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION 355 Sooth Grand Avenue,4oth Floor,Los Angeles,California goo7l-31ot Telephone zT3.626.8484 FaCSimlle 213.626,0078 x134A(lv s 08) July 10, 2015 WOW 1<WAF7olF (L NAIur L GE1LSNOERSHON) VIA ELECTRONIC MAIL & U. S. MAIL (1911-2007) ITEVO L.�Er Mark Whitworth WILLUM L.STMun MITCK 3 E.A"aff H City Administrator SREGO(r w:STEFANNaClI Y °C"A WIN"L "°" City of Vernon eAG°L r.LTM of GIrPh0F4 *,R. IIN Bq7 4305 Santa Fe Avenue TM8N45Y nt I IN� WFtKT€.CE€[ON siwa NEVIN G fEk� Vernon, California 90058 ROAM°.ILAIII7 MICIMEL ESTMDA LAURSKE'WI"' TILOM KIM Re: Legal services Agreement SA■KM T.ASAMUIIA KAYSER 0.SUME PETER M.7M Coll �„i,"k" "� D=Mr. Whitworth: T.PIRTlll MERCE "'""°"° ■oxAxrc M.owThank you for the opportunity to provide legal services to the City of Vernon. 1IM B.9MTSOM ■°Y A.CiAIKE MICHAEL F.V*SHISA EEaINA N.■AMER Richards, Watson& Gershon (the "Firm") vwil l represent the City of Vernan in regard PAU@WDJAIIIAX%0 GALlo G to any ensuing lawsuit filed by an interested party to challenge the Municipal ■EucE w.aALLawr 'FSAA6AT ra l r..wok, Separate Storm Sewer Systern, ("M' '� Permit, Order No R4-2012-0175, reissuing xoEM.+►A.P4FONT mw IGLLLTk fn NFDES Permit No. CAS004001 {"Permit"} by the Regional Water Quality Control 0I NTTTA L SIEMPI€0 C,,, Q"�� Board, Los Angeles Region ("Regional Board'D and the Final Order of the State ,ENNI'Ea+Ritu srRwpl L,J4?WEA Water Resources Control Board resolving 37 petitions of review challenging the TOUSSAINTS_fA1LEY permit. We will represent the City of Vernon in its it as a real'""`"�°" capacity party in interest °E'° C1*0 FM in this litigation, which would include but not be limited to filing an answer on behalf MARICEIA E rAeaoqufN SERME of the City and other parties jointly represented by the Firm in this matter. We write UAN 1, rl wo"s terms to set forth the upon which the Firm will provide legal services to the City of JIAnW C.OVELL AAk4N STQIL.NIL CW Vernon and the basis upon which we will bill for our services and expenses. PATbfJI°_SµµEx STEPHEN°,LIE WOSAKA N.A= 111116ma N%EA"Rg The Firm maintains a conflict of interest database. Based on the information you KIU It.■J OOCl1ARO N ICIIOLAS 30Irtuj SHAH have provided, we have examined this database to determine whether we might have °iI'STINA ISAACJOL WSIN a professional conflict of interest with respectthe to parties listed below, for whom OFmtlNSEL we are providing the same service. We find no previous or current relationships that S°CIIELLE■ROME VERM +1111111aw eENw AL mxNErr would interfere with our ability to represent the City of Vernon in this matter. If there _ are other parties who would be affected by this matter or who you otherwise feel we 7ELEPMONN9 �.�C48S should consider, lease p provide those names to us so we can determine whether there 0AAWK CIDUM OFF=TFIEEP1lpNE 77�.990,Ogat are conflicts as to those parties. TEMECa1A OFFICa TELEPPMN11951.695.2373 The names we have utilized in determining whether any potential or actual conflicts of interest exist, which are the other cities we are representing in this limited matter, are the following: RICHARDS I WATSON I GERSHON ATMREM5 AT I,A%/-A PtWeWotm coRPORAnoM Mark Whitworth July 10, 2015 Page 2 City of Vernon Marls Whitworth Claudia Arellano Regional Water Quality Control Board,Los Angeles Region State Water Resources Control Board We will add these names to our database for consultation in regard to future matters. We will proceed on the understanding that the above listing is accurate and complete unless we hear from you to the contrary. Norman Dupont, Nicholas Ghirelli, and I will have primary responsibility for your representation. We may also use other attorneys, legal assistants and other law firm personnel as may be helpful in representing your interests. When the bill is to be sent, we will review it before it is issued to ensure that the amount charged is appropriate and accurately reflects the services rendered As stated, our estimate of the total cost of the services rendered pursuant to this engagement letter will be no more than 510,000.00. All attorneys of the Firm will be billed at a billable rate of S330 per hour. The rates charged for this engagement will not be changed without your written consent. In addition, we will bill you for costs in connection with our representation of the City of Vernon. Such costs include copying documents (15 cents/page), facsimile transmission of documents ($1.00/page), long distance telephone, court fees, litigation costs, messenger and delivery services, and other similar costs. Such costs frequently are billed to the Firm from third-party vendors. Therefore, there sometimes will be a delay between the time such costs are incurred and the time when they appear on your bill. We agree that you will pay your bill within 30 days of receipt of our billing statement. We ft ther agree that interest will accrue on any unpaid overdue balances at the rate of seven percent simple interest per annum. We will keep you informed of significant developments in the matter. Please feel free to inquire at any time about any issues related to the matter. RICHARDS!WATSON +GERSHON ATTORNEYS AT LAIR-A PROFESSIONAL CORPORATION Mark Whitworth July 10,2015 Page 3 Naturally, we expect you to ask us about the likely results of our work. We will respond as best we can, but cannot and do not guarantee any particular result_ We can make no promises about the outcome of litigation or negotiations and any opinions about likely outcomes are not intended to constitute a guarantee. We rarely have fee disputes with clients. Nevertheless, you should be aware that the City of Vernon is entitled to require that any fee dispute be resolved through the mandatory fee arbitration provisions of the California Business & Professions Code. One such program is operated under the auspices of the Los Angeles County Bar Association. Many other local bar associations have similar programs. In the event that you choose not to utilize the County Bar arbitration procedures, you agree that all fee disputes between us shall be submitted to binding arbitration in Los Angeles to be conducted by the American Arbitration Association,in accordance with its commercial arbitration rules. In any dispute concerning billing for services rendered, the prevailing party, as defined in California Code of Civil Procedure section 1032,will be entitled to recover its reasonable attorney's fees and costs. The City of Vernon has the right to terminate our representation at any time. We have the same right, subject to our obligation to provide the City of Vernon with reasonable notice to arrange alternative representation. In either circumstance, the City of Vernon agrees to secure new counsel to represent it as quickly as possible and to cooperate My in the substitution of the new counsel as counsel of record in any litigation in which we may be involved. If the City of Vernon elects to terminate the Firm, we will be paid all fees and costs incurred prior to the termination within 30 days after delivery of a final bill for services. We are also required to inform you that we currently maintain professional liability insurance. Our legal relationship and the terms of this agreement will be governed by the substantive laws of the State of California. In order for the Firm to work on this matter, the enclosed duplicate original of this letter must be signed and returned. We have enclosed a return envelope for your convenience. RICHARDS I WATSON E GERSHON ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION Mark Whitworth July 10,2015 Page 4 We look forward to representing the City of Vernon in this matter. Very truly yours, Candice K. Lee Agreed to by: Signature: Mark Whitworth Title: C1 Administrator Date: 1272"022U854165vI doc s#: Maria. .Ayala, Clerk Approved as to form: Lkv:-2-62vr Hema Patel,City A i INS RICHARDS j WATSON I GERSHON 1e11 ATTORNEYS AT LAW-A PROFESSIONAL CORPORATION 355 South Grand Avenue,40th Floor,Los Angeles.California good-3ioi Telephone 213,626.8484 Facsimile 223.626.0078 ' 6`_L ATTORNEY WORK PRODUCT GRIN IL MIS" ATTORNEY—CLIENT PRIVILEGE (191"02o) HARRY OIN (192200` i July 10, 2015 STEM L Do NET ""`WN L s�� VIA E-MAIL AND U.S. MAIL MRCNELL E.AEEOTT 4RE°ORM STEMNIOCH QUO"M.AANOYI CAROM LITICH GREaORTM.RUNIRT Mark Whitworth THOMA.S M.JW09 "°`EK.FAUM M City Administrator s�N.EAwwuMN I"" ENNIS ED City of Vernon EeM D.loMons MICHAEL ESTEAOA uuEENCE:.--a 4305 Santa.Fe Avenue ., ILDEN MM MNo"s'URA NEE Vernon, California 90058 "TEE AL T HOMSON JAMIS L.MAKMAN ORAIG A STEM T.PETER MERCE Re: Attorney Conflict Waiver Request for Representation of City in Anticipated TIEOIGE S.IDGA USA SON° EOII"MNEA�Dux Litigation Challenging the LA MS4 Permit No G.a&A"ON ROYA.MRxE MMINA M DANMEE Dear Mr. Whitworth: PACILA OUTIEIRM°AEZA ERUCE W.DAIJAWAY ATW x. 5OSK0 On June 16, 2015, the State Water Resources Control Board ("State Board") heard HUANG MTRICII k IOEKO NORMAN A.DUPONT LDLLyA.cm� and adopted a Final Order resolving claims made in various petitions challenging the °'"E^"` HA off° 7ElSHA DRnx Los Angeles Stormwater Permit pending before it The Firm has represented the City CANIL In ILIMMSo'Pr'E RISISs in connection with its petition before the State Board. It is likely that one or more STIVEM L ROM T°°""A„Yg�N parties aggrieved by the results of that final order will seek judicial review, which DEEo EAMD_R.�N"EMAcoxN will be triggered by issuance of that order. The purpose of this letter is to request the hMRICEIA L MAREDQUIN cuDDNs IIRRA a TOUNG City,s authorization to represent it in any ensuing lawsuit filed by environmental tNGI EwNA sE"N IL groups challenging the Board's Final Order. Because the Firm has been representing AAEON C O'DELL "'"",EPHU,�E mumultiple parties, we also are requesting that the City review and execute this proposed P"TVCV STEMIEN D.LEE" Conflict waiver, as it did previously. YOU°TINA M.Aa2 BEMOAN IFAENS KYLE H.°EOCNARD N ICHOIAS E.°NINEW I. Background: The MS4 Stormwatcr Permit and State Board Iglu SHAH 0"N1s"NA I'EW Administrative Proceedings Of CDLMSU ROCHEMNO-� The Regional Water Quality Control Board, Los Angeles Region ("Regional Board') or"M.sTTNNETT unanimously adopted the "Waste Discharge Requirements for Municipal Separate SAN FRANn+ro DPACE Storm Sewer System (MS4) Discharges Within the Coastal Watersheds of Los TELEPHONE 415,421.8484 OMO"mUNH OPRCE Angeles County, Except those Discharges Originating from the City of Long Beach TEUP"°NE"'."D.D'D' MS4," Order No. R4-2012-0175, reissuing NPDES Permit No. CAS004001 (the *N fCE �33 "Permit"), on November 8, 2012. The Permit is subject to review by the State Board, and various petitions for review have been filed before the State Board, including one filed by the City of Vernon. CONROENTULL THIS MAiERM Is SUBJECT TO THE ATMUET-CUEKT AND/Olt THE ATTO"EY WORK MMUCT MMLEGES. Do RQf DISCLOSE THE COVERTS HEREOF.DO NOT FILL w1TN FYBLR:LY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTOYNEYS AT LAW-A MFESSFOMAL CO#PORMON ATTORNEY WORK PRODUCT ATTORNEY—CLIENT PRIVILEGE Mark Whitworth, City Manager City of Vernon July I0, 2015 Page 2 The City of Vernon ("City'l is a co-permittee under the MS4 Permit, and is thus subject to its regulatory requirements. On or before December 10, 2012, the deadline for filing administrative appeals, this Firm assisted the City in the filing of an administrative appeal, known as a Petition for Review ("Petition"). The Petition challenged the adoption of the Permit on various legal and technical grounds. The Firm drafted and assisted in the filing of Petitions for 21 different municipal permittecs, which included the cities of Agoura Hills, Arcadia,Artesia, Beverly Hills, Commerce, Covina, Culver City, Downey, Hidden Hills, Inglewood, La Mirada, Manhattan Beach, Monrovia, Norwalk, Rancho Palos Verdes, Redondo Beach, San Marino, South El Monte, Torrance, Vernon, and Westlake Village. One of those cities (Arcadia) ultimately chose to be represented by another law firm, so the Firm now represents 20 municipal permittees(collectively,the"Collective Petitioners'). In addition to the petitions filed by this firm, 14 additional petitions were filed by other municipal permittees, as well as a petition by three environmental groups led by the Natural Resources Defense Council, and including Heal the Bay, and the Los Angeles Riverkeeper (collectively the "NRDC PARTIES'). The NRDC parties' petition stated that the 2012 MS4 Permit contravened various provisions of federal law and was a step "backward", not a step forward, in efforts to regulate stormwater discharges from the MS4 system into waterways such as the Los Angeles or San Gabriel Rivers, Ballona Creak, Malibu Creek,or ultimately, to the Pacific Ocean. The Firm represented the Collective Petitioners in filing petitions, attending one workshop in Los Angeles, filing two sets of comment letters, and opposing two requests by the NRDC parties to augment the existing record by incorporation of additional documents through "judicial notice." The Finn represented the Collective Petitioners at the anticipated adoption hearing set by the State Board for June 16, 2015. As noted, the City previously agreed to waive potential conflicts of interest arising from the Firm's joint representation of the Collective Petitioners before the State Board in the administrative proceedings related to the Petitions. A copy of that prior waiver letter is contained in Attachment A. CONFIDENTIAL l� THIS PRATERIAL IS SUINICT TO THE ArrmrY-cuRT AND/oft THE ATTOBMEY WORK PROBUCr PRIVILEGES. 00 NOT DISCLOSE THE COIMMTS MERCOF.DO NOT ILA WITN PUBLICLY ACCESSIBLL MCORMS. RICHARDS I WATSON f GERSHON Ar1ORNEYS AT LAW-A PROFESSIONAL CORPORATION ATTORNEY WORK PRODUCT ATTORNEY—CLIENT PRIVILEGE Mark Whitworth,City Manager City of Vernon July 10, 2015 Page 3 U. Request for Waiver of Potential Conflict in Joint Representation of Cities in Threatened Litigation Brought by Environmental Groups We anticipate that the NRDC parties will seek to challenge the Final Order of the State Board as violating provisions of the federal Clean Water Act. The State Board issued a notice of the Final Order on June 26, 2015, and the NRDC parties will likely file a lawsuit to seek a writ of mandate within 30 days of the State Board's issuance Ance of a final order, or by July 27, 2015. We anticipate (although we cannot be certain) that the NRDC parties will name the Collective Petitioners (including the City) as "real parties in interest", together with a number of other cities located within the County and the County of Los Angeles and its Flood Control District.' It is also possible that one or more of the Collective Petitioners will file their own writ to challenge portions of the State Board's final order. We believe that if multiple writs are filed by various parties, then it is likely that they would be consolidated in one combined proceeding. We write to request that the City waive any potential conflicts of interest that may arise from the Firm's joint representation of the City, together with the other cities that have retained our Finn to represent them in the threatened litigation brought by the NRDC parties. Specifically, we request that the City waive a potential conflict based upon the Firm's representation of multiple cities in any lawsuit brought by the NRDC parties challenging the LA Stormwater Permit, including the Permit's safe harbor provisions. We further request that the City agree to share confidential attorney-client communications in a joint defense effort with the 19 other cities who are cummtly part of the Finn's representation for purposes of the administrative Petition to the State Board. Throughout the course of our representation of the Petitioners, we have been in regular telephonic communication with outside legal counsel for the County of Los Angeles and the Flood Control District. Counsel for the County and its Flood Control District have conducted litigation with the NRDC parties for over seven years, and they anticipate that the NRDC parties will file litigation against various municipal entities based upon their prior experience with the environmental groups and their litigation tactics. CONMENTIAL THIS NtAmtm is suitacT To THE ATTORNEY-cute r A=/OR THE ATTORNEY WORK ntooucr PRmUGM OO NOT 00CLOW THE COMM MEW.00 NOT nLE Will PUBLICLY ACCESSIBLE REcotos. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAW-A ftOFESSIONAL CORVOMTN]II ATTORNEY WORK PRODUCT ATTORNEY--CLIENT PRIVILEGE Mark Whitworth,City Manager City of Vernon July 10,2015 Page 4 III. Potential Conflicts of Interest by Virtue of Joint Representation The Firm maintains a conflict of interest database. We have examined this database to determine whether we might have a professional conflict of interest with respect to the State Water Quality Control Board or the Regional Board, and the other cities the Firm will represent in this matter, which cities are listed in Attachment B. We find no previous or current relationships that would interfere with our ability to represent the City in this litigation case. if there are other parties that would be affected by this matter or who you otherwise feel we should consider in our analysis of potential conflicts, please provide those names to us so we can determine whether there are conflicts as to those parties. The California Rules of Professional Conduct require that we disclose to you that the Firm is representing the City of Vernon and other cities that may be part of the threatened litigation brought by the NRDC parties. At this time, the Firm serves as City Attorney for Petitioners Agoura Hills, Artesia, Beverly Hills, Covina, La Mirada, Hidden Hills, Manhattan Beach, Monrovia, Norwalk, Rancho Palos Verdes, San Marino, South El Monte, and Westlake Village. The Firm is also general counsel for the Gateway Water Management Authority for which it provides counsel on issues related to the Stormwater Permit, but this work is not related to the threatened litigation brought by the NRDC parties. If the threatened litigation proceeds, and if so requested, the Firm will represent the Cities of Agoura Hills, Artesia, Beverly Hills, Commerce, Covina, Culver City, Downey, Hidden Hills, Inglewood, La Mirada, Manhattan Beach, Monrovia, Norwalk, Rancho Palos Verdes, Redondo Beach, San Marino, South El Monte, Torrance, Vernon and Westlake Village. As lawyers, we are governed by the specific rules relating to our representation of clients when present or potential conflicts of interests are identified. Rule 3-310(C) of the Rules of Professional Conduct of the State Bar of California states: coNnDENTUIL TRIS MATMIAL IS SUBJECT TO THE ATTOIRLY-CLJLRT MDJOR TO ATIGNEY WORK PRODUQ PRMLERM DO NOT DISCLOSE THE CORRERTS 11DO F.DO ROT HU min►UBUCLY ACCESSIBLE RECORDS. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAM-A PROFESSIONAL C"PORATnON ATTORNEY WORK PRODUCT ATTORNEY—CLIENT PRIVILEGE Mark Whitworth, City Manager City of Vernon July 10, 2015 Page 5 "(C) A member shall not, without the informed written consent of each client: (1) Accept representation of more than one client in a matter in which the interests of the clients potentially conflict;or (2) Accept or continue representation of more than one client in a matter in which the interests of the clients actually conflic • or (3) Represent a client in a matter and at the same time in a separate matter accept as a client a person or entity whose interest in the first matter is adverse to the client in the first matter." (Emphasis added.) A. No Actual Conflict—Rule 3-310(C)(2) Based on our review of the facts as are known to us at this time, we believe the Finn is able to fully represent the cities and that there is no actual conflict among the potential city defendants. See Rule 3-310(C)(2). Each city has an interest in ensuring that the Permit (as revised by the Final Order) continues to provide for a safe harbor to those cities (including all of the 20 cities named above) who are participating in either a Watershed Management Plan (W`W) or an Enhanced Watershed Management Plan(EWMP), The NRDC parties' arguments, specifically arguments it has already made to the effect that the Stormwater Permit continues a "backsliding" compared to prior permit requirements or threatens a "degradation" of protected waterways, are ones that each of the Cities have a common interest in opposing. If additional facts come to light that suggest an actual conflict, we will advise you immediately. B. Potential Conflict—Rule 3310(C)(1) The Firm must also obtain your informed consent to the joint representation in this litigation because it is possible that adversity between the cities represented by the Firm could arise at a later date. See Rule 3-310(CXI). As indicated above under Rule 3-310(C(1), the Firm must obtain the informed written consent of each client to CONFIDENTIAL TWIS MAT901AL Is SUDNECT To THE ATTORNET-CLIENT AND/OR THE ATTORNEY MEN PRODUCT PRW"Z5. Do NOT DtKLOU THE CONTENTS HEREOF.00 NOT FILE WIN PURICRYACCESSIDLE RECORDS. RICHARDS I WATSON I GERSHON ATTONAEn AT LAW-A PROFESSIONAL CORPOUnOIf ATTORNEY WORK PRODUCT ATTORNEY—CLIENT PRIVILEGE Mark Whitworth, City Manager City of Vernon July 10,2015 Page 6 accept representation of more than one client in matter in which the interests of the clients potentially conflict. Here, it is possible that adversity between the cities represented by the Fine could arise down the line if the threatened litigation related to the Permit ultimately ensues. For one example, one city might wish to file its own independent action seeking a writ of mandate against the State Board's final order on a particular issue, such as the existence of numeric limits in the form of"receiving water Limits." Other cities may not wish to file such an independent action, but rathcr sock to have a less active and independent profile in any ultimate litigation. Additionally, there may be aspects of the Permit that will be acceptable to one or more Petitioners and unacceptable to other Petitioners, leading one city to seek to preserve an aspect of the Permit that another city would like to challenge. As an example, one City may believe that all compliance should be measured through MS4 "outfall" monitoring while another City may disagree. The Firm believes any such potential conflicts about specific implementation of the Stormwater Permit are unlikely to arise in the currently anticipated NRDC parties' litigation. That is, the NRDC parties are not anticipated to attack specific parts of a particular City's permit compliance, rather, we anticipate that the NRDC parties will attack the Stormwater Permit (as approved with modifications in the Final Order of the State Board) on grounds applicable to all cities. It currently appears that all of the Petitioners are mutually and beneficially interested in the outcome that will be sought by this Firm: Defending the Permit from a general all-out attack by the NRDC parties. The NRDC parties' anticipated writ of mandate litigation could, if successful, result in years of further Regional Board efforts to create a new MS4 permit, itself subject to a new appeal to the State Board, and from there, yet another challenge in state courts. Nonetheless, if during the joint defense of any NRDC parties' litigation, the potential conflict matures into an actual conflict between two or more cities that we jointly represent, then we would be forced to withdraw from representation of those cities. The affected cities might then incur additional costs and attorneys' fees in hiring and retaining a new law firm to assist them in any further court proceeding in this threatened litigation. For example, if a new firm is engaged, attorneys from that new CONFIDENTIAL ms •Amain IS sunprT TO THE ATrann-CLIENT AHD/on THE AT34UV ■ORR MMU POMMEL L DO NOT DISCLM THE COrTIfTs HEREOF.no IWT ALE WE PUBMT ACCES'S[=@[Oros. RICHARDS I WATSON I GERSHON ATTORNM AT LAW-A PROFESSIONAL CORPORATION ATTORNEY WORK PRODUCT ATTORNEY-CLIENT PRIVILEGE Mark Whitworth, City Manager City of Vernon July 10, 2015 Page 7 firm might require some additional time to "get up to speed" on the matter, which would likely result in increased fees and costs. IV. Confidentiality Among Jointly Represented Parties California State law mandates that an attorney may not disclose confidential communications or secrets of a client. Where clients consent to joint representation, however, the privilege of confidentiality between the clients with regard to confidential information given to us is limited. Any communications and information may be fully disclosed by us to all jointly represented clients,unless the client making the disclosure informs us in writing of its desire that a particular communication or item of information be considered confidential and withheld from the other clients. If the City informs us that confidentiality from the other clients must be maintained with respect to a particular communication or item of information, we will advise the other clients that such a request has been made, without divulging its subject matter, and will inquire whether any of the other clients object to us withholding the communication or item of information from the other clients. By signing this letter, the City expressly consents to such disclosure to the other clients. We may withdraw from representing one or more clients if a client objects to our withholding information as requested by another client or if there is an actual conflict between the interests of any clients, provided the withdrawal is permitted under the Rules of Professional Conduct of the State Bar of California. Further, please understand that if the City reveals information to us that may be detrimental to another client city, the Firm may be obligated to reveal that information to the other client city. Should that information be such that we believe an actual conflict has developed between the cities, we might need to withdraw our representation altogether. That could have a negative impact on each client and result in increased fees and costs to you. For example, as noted above, if a new firm is engaged, attorneys from that new firm might require some additional time to "get up to speed"on the matter, which would likely result in increased fees and costs. If the City wishes, it may certainly consult independent counsel to further assess this matter and the requested waiver contained in this letter. CON F IDENTiAt. THIS NATWn RS SUBJECT TO THE ATTORNEY{ifE•T ARD/OR THE ATTORNEY WORK MMMCr PEWEAES. Do NOT pSCLOSE THE C COMM h EREor.DO NOT MR MTN PURUCLY ACCEMOLE RECORDS. i RICFiARDS I WATSON I GERSHON ArrOR SETS A7 LAM-A m0fESSKwAL CORPORAncm ATTORNEY WORK PRODUCT ATTORNEY—CLIENT PRNILEGE Mark Whitworth,City Manager City of Vernon July 10, 2015 Page S We have explained above the possibility of conflict that is raised by such multiple representations. By signing below, the City hereby expressly consents to the representation of multiple cities on the same matter despite the possibility of a potential conflict of interest. V. Disclosure of Representation on Unrelated Matters of Parties Named as Defendants in t1da Potential Litigation—Rule 3-310(B) The Firm serves as City Attorney for many cities in California and it has general and special counsel relationships with several other local governments, districts and agencies throughout California. Rule 3-310(B) of the Rules of Professional Conduct requires the Firm to provide written disclosure to a client where the Firm has a legal relationship with a party in the same matter. See Rule 3-310(B)(1). The Firm is also required to provide written disclosure to a client where the Firm had a legal relationship with a client and the Firm knows that the former representation would substantially affect the Firm's representation in the current matter. See Rule 3- 310(B)(2). Rule 3-310(Bxl)and Rule(B)(2) state: "(B) A member shall not accept or continue representation of a client without providing written disclosure to the client where: (1) The member has a legal, business, financial,professional, or personal relationship with a party or witness in the same matter; or (2) The member knows or reasonably should know that: (a) the member previously had a legal, business, financial, professional, or personal relationship with a party or witness in the same matter, and (b) "the previous relationship would substantially affect the member's representation." Although the Firm does not believe that the former representation of clients that are named as permium under the Permit substantially affect the Firm's representation of CONRDEwnAL FTU-13 MANAM 13 SuyECT TO THE ATrOUn-CUEMT AMD/oR THE i ATMRMEr WON PRODUCT MVMWEL DO NOT CiSCLOS! THE CDOMM NEREOF.00 NOT ALE W N PURUCLT ACCESSINLE RECORDS. RICHARDS I WATSON I GERSHON ffMRIIEn AT LAW-A NOFESSIONAL MAPOUnON ATTORNEY WORK PRODUCT ATTORNEY--CLIENT PRMLEGE Mark Whitworth,City Manager City of Vernon July 10, 2015 Page 9 the other cities in this matter, the Firm is disclosing both the current representation and former representation of other permittees under the Permit on matters that are not related to the subject of the Permit. The Firm did not obtain any confidential information from the co-permittees identified below that is material to the representation by the Firm of the City and the other cities filing the Petition. Current and Former Firm MS4 PerrrJittee Clients on Unrelated Matters Ci of Alhambra City of Arcadia City of Baldwin Paris City of Bell City of Calabasas City of Claremont City of Covina City of Cudahy Culver City C!q of Downey City of El Monte City of El Segundo _ City of Gardena City of Glendale City of Hermosa Beach City of Huntington Park_ City of Inglewood City of Irwindale City of La Habra City of Lawndale City of Lynwood City of Malibu _ City of Marffood City of Monterey Park City of Paramount City of Pasadena City of Pico Rivera Ci of Rancho Palos Verdes City of San Gabriel _ City of San Marino City of Santa Monica J City of Sierra Madre City of South Pasadena City of Torrance T _ City of Whittier__ — VI. Financial Arrangements Given the number of cities that we anticipate will continue their participation in any actual lawsuit brought by the NRDC parties, each city will pay only a fraction of the cost for legal work on matters that are common to all participating cities. The Firm will open a joint billing number to which all billed attorney time is recorded. The time billed in the joint billing number is split equally among the group of cities participating in this matter and billed pursuant to each individual client's agreed-to rate structure. Thus, assuming representation of 20 cities, each city will be billed for 1/20th of the actual time to prepare pleadings common to all cities. For example, if the NRDC parties were to seek to augment the existing Administrative Record by introducing alleged evidence of non-compliance with current Watershed Management Plans, then we might file a joint opposition to such a request on behalf of all cities we CONFIDENTLAL THIS MATERIAL IS SLIIIJECT TO THE ATTOINZY-CLIENT AND/OR THE ATTORNEY WORK PRODUCT P*ML.MM DO NOT DISCLOSE THE C4 ONTENrs NEstOF.DO NornLZ RM PUMLlaY ACCEMILLE RSCOIU. RICHARDS I WAMN I GERSHON AMRNEVS Air LAW-A PROFESSIONAL CORPORA1106i ATTORNEY WORK PRODUCT ATTORNEY—CLIENT PRMLEGE Marls Whitworth, City Manager City of Vernon July 10,2015 Page 10 represent in the litigation. Thus, your city would be billed 1/200' of the total time for preparing and filing that joint opposition. But, if any one city drops out of the representation, then the 9To rats cost to each city would increase to a different percentage, say possibly a I119 share of the total billed amount if we ended up representing only 19 cities. Alternatively, if any new city joins the representation, the pro rata share of each city would decrease. We believe that we will be able to vigorously and economically represent the City in connection with this threatened lawsuit. If you have any questions, please do not hesitate to contact me. If this letter meets with your approval, we would appreciate it if you could please return an executed copy to us at your earliest convenience. Very -ours, Nicholas R. CThirelli Enclosures: (Attachment A;Attachment B) 12720-0Q22%1853795v E.doc CONFIDENTIAL THIS IRATEML LS 5U51ECT M 711E ATrOMEY-Cuarr AND/o■ TWE ATM491Y 1•011M PRODUCT FRMLEAB. Do Nor atSC CSC T11i COMM agam.DO NOT FU WMI PUSUCLY ACCE3S1aLE RECORAS. RICHARDS I WATSON I GERSHON ATTORNINS At LAZY-it►ROMSIONAL CORPORATION ATTORNEY WORK PRODUCT ATTORNEY-CLIENT PRIVILEGE Mark Whitworth,City Manager City of Vernon July 10, 2015 Page 11 Written Consent for Joint Representation We consent to, and authorize, Richards, Watson & Gershon to represent the City of Vernon in connection with the joint representation of the City and any other cities that retain Richards, Watson & Gershon to prepare and assist in threatened litigation brought by the NRDC PARTIES (and others) challenging the Los Angeles County NPDES Permit for the MS4 System, NPDES Permit No. CAS004001 ("Permit"). Currently, the Cities of Agoura Hills, Artesia, Beverly Hills, Commerce, Covina, Culver City, Downey, Hidden Hills, Inglewood, La Mirada, Manhattan Beach, Monrovia, Norwalk, Rancho Palos Verdes, Redondo Beach, San Marino, South El Monte, Torrance, Vernon and Westlake Village have retained Richards, Watson & Gershon with respect to the petitions for review filed in December 2012 challenging the initial permit. The City further understands, consents and agrees that Richards, Watson & Gershon may also represent other cities in connection with the threatened Iitigation anticipated to be brought by the NR.DC parties, provided that those other cities agree to these same tends of our joint representation. City of Vernon Date: ' By: r wort Title: citynistrator 12720-=\1853795v1 doc t Approved as to form: Maria . Ayala, Ci lerk Hein Patel,City AIVIley CONFIDENTIAL TNNS MATiAM LS SM90 TO TYE ATTOM r-CUM AMPICK 'Me AWINKY WIM MODUa ftrAUG s. oo aW DNSUCH THE CONTENTS MM011.00 NOT FU W M PUBUQT ACCESS BU MOM& EXHIBIT A RICHARDS I WAfTSON [URSHM RECENED s ATTORNEYS AT LAME-A PROFESSIONAL CORPORATION 14A �0 2014 355 South Grand Avenue.40th Floor.Los Argeles.CaM nfla gow?%-32ot Telephone xr3.626.848; F*61MU:13.616.0078 ATTORNEY—CLIENT PRMlEGE s�L MTSM CONFIItRTIA1 G9+7-20w) ""'"r199 May 5,2014 VMN L OOd[T 4 L4&Y 4 7TILW57 Z"" "`r°T s0aaaRrw. VIA ELECTRONIC MAIL&U.S. MAIL rx�f;��� 1904tuf 1xwr"t QUW M.LAMb= carellano '.vernon&Luus owwk49[0487r,Pmuff TWOMM MMU . as Claudia Arellano,Project Engineer !YW"PP.VAUF M It City,of Vemon '"t"``V" l 4305 South Santa Fe Avenue ' rk °ibis I. Vernon, CA %058 rkprJF w rKvru r_MUMUtA 'Ay rw Rw" *"` '"' m Re: Joint Defense and Attorney Conflid Waiver Request for RcpremWation of t.srI� tuff t J"' City in FUfng Admin#strxYiv Petition Challenging LA AS4 Pemit flirM.ee;i0�ui :16A FPrP K l4f R USLL'iCM 18iu��t+11-S'K7 Dear�&. AmHaw• ':f VW A mYm i,Or1111M "k4i' CXW GA "a' This will request that you formally approve and sign this letter on behalf of the City ilLi�'R.YitLiY�Lv f��Jk*949 of Vernon. The Stec Water Resources Control Board will soon hear the various now"A atom r VMD M`muc ons before it we our O and expedited review of pCht1 pen Thus, t Y prompt . this-proposed conflict waiver 11rai+i+►ouo oYr9 *_afe� �- I. B"kgreamd ore Apprltx0l 1 O C'o�ty Rt34 Permit "W"MON 5rro4w L Au`aLrt c= The Rlegionlil-Water Qla3Lity Co� o , ,OSD L Angeles RCg1V[i("Regional Raard''i T" * ro W.WdM t the`Wai ly adopted Dirrge Requirements for ut;,icipal Separate Stom Sewer System( 4)-Dischar' Within the Coastal Watersheds of Los Angeles County, Except those DiscWges Originating from the City of Long Beach �•,""' ?4 4,,'Order;1o, R4-2n12.017+,red KWng;NPDFS Permit No. CAS004001 (the "T�D. W.Uft "Permit'), on November 8, 2012. The Permit is subject to review by the State Water Pr.AM -E-L�w-A Resources Control Board{"State Boa nn,and various petitions for review have been OMMLn a ZW,MW WmL,LL,a filed before the State Board,including one filed by Vernon. "M"AM rsw w4—ma iLYA K.mnLLirr The Permit is the Clean Water Acts NPDES the amount ' P;'o��Pin ro8�8 PRANCom OPP10of pollutants that can be discharged frorn the County's storm drain system(the eiwLLu mL.r.ORIQ "MS4") into receiving wafer bodies,e.g., rivers, lakes,bays,estuaries and the ocean. TMM"MI?W"0 oyo+ ,gym onm Tftw%"["LH5s3" RICHARDS WATSON GERSHON ATTOMMK"AT LW-A M0F1&WKAL COMrOMA M i Y` n .i ATTORNEY WORK PRODUCT ATTORNEY--CLIENT PRMLEGE CONFIDENTIAL Claudia Arellano, Project Engineer May 5,2014 Page 2 The City of Vernon("City')is a party or permittee under the Permit,and is thus subject to its regulatory requirements. On or before December 10,2012,the deadline for filing administrative appeals,this Firm assisted the City in the filing of an administrative appeal,known as a Petition for Review("Petition"). The Petition challenges the adoption of the Permit on various legal and technical grounds. The Petition was filed with the State Water Resources Control Board("State Board"). The City requested the Petition be held in abeyance, which frtem the Petition in place for up two years automatically with an option to extend another year. The City sought abeyance because at that time the City sought to implement the Permit while preserving and putting on hold its legal and technical arguments against it. Richards, Watson&Gershon(the"Firm")drafted and assisted in the filing of Petitions for 21 different municipal permittees,wWcb included the cities of Agoura Hills,Arcadia,Artesia, Beverly Hills, Commerce, Covina,Culver City, Downey, Hidden Hills, Inglewood, la Mirada,Manhattan Beach,Monrovia, Norwalk,Rancho Palos Verdes,Redondo Beach,San Marina, South El Monte, Torrance, Vernon,and Westlake Village(collectively"Petitioners"). An additional 15 petitions weft't4lod b� other municipal permittees,as well as a petition by various envimnmental groups led by the Natural Resources Defense Council(collectively-NRDC'''). Of the 15 additional municipal petitions, 12 did not request abeyance. The NRDC did not request abeyance,but rather requested an expodited administrativc p medure. The State$Dw tUs dediod bolding _e ft tioe-ice abeyaaccx-aO will lalp1y regWm the City to either participate in the administrativo appeal or waive all of its claims. Accordingly,at this time,the Firm seeks further authorization fTom the City to perform the legal services required for the City to participate in the adnminis�ve process. Participating in the administrative process may consist of further briefing, 'and potentialby.aftending at least one hearing. As is the case with all administrative appeals,a further appeal to the California Superior Court,California Court of Appeal,and possibly even the California Supreme Court is possible. A court case may alternatively be tried in federal court, RICHARDS I WATSON I GERSHON ATTORNEY WORK PRODUCT ATTOKW—GJ ORMI.EGE ccwnbEknAL Claudia Arellano, Project Engineer May 5, 2014 Page 3 and be appealed through the federal judicial system. At this time.it is difficult to anticipate whether a court appeal will occur and in what forum. At this juncture, we request your consent to jointly represent the City,together with the other 18 cities listed in Attachment"A"h4vto before the State Board with respect to the City's pending petition for review of the Permit issued by the Los Angeles Regional Board in December of 2012. 1 wn writing this letter to request that da City waive any potential conflicts of interest that may arise fitom the Firm's joint representation of the City,together with the other cities that have retained our Firm to prepare petitions on their behalf Confkft of Interest The Firm maintains a conflict of interest database. We have examined this database to determine whether we might have a professional conflict of interest with respect to the State Water Quality Control Board or the Regional Board,and the other cities the Firm will represent in this matter,listed in Attac rent"A". We find no previous or current ftWonshfps VW would interfere with our ability to represent the City in this matter. If there are other parties that would be affected by this matter or who you otherwise feel we should consider in our analysis of potential conflicts, please provide those names to us so we can determine whether there are conflicts as to those parties. htf Rent mattam z1atega can The California Rules of Professional Coact require that we disclose to you that the Firm is representing the City of Vernon and other cities in this litigation and to seek your acknowledgment and consent to this`Joint defense." At this time,the Firm will represent the Cities of Agoura Hills,Artesia,Beverly Hills,Commerce,Culver City, Downey,Hidden Hills,Englewood,La Mirada,Manhattan Beach,Monrovia, Norwalk, Rancho Palos Verdes,Redondo Beach,San Marino,South El Monte, Torrance, Vernon-and Westlake Village. The City is also general counsel for the C}ateway Water Management Authority,for which it provides counsel on issues related to the Permit, but this worts is not related to any of the Petitions. RICHARDS I WATSON i GERSHON ArM"E"AF LAM-A PROMSH MAL CCRMRATIOM ATT K.�IUC A1TORl1ltMALEGE 010M OAL Claudia Arellano,Project Engineer May 5,2014 Page 4 11C Firm serves as City Attorney for Petitioners Agoura Hills,Artesia,Beverly Hills, La Mirada,Hidden Hills,Manhattan Beach, Monrovia,Norwak Rancho Palos Verdes, San Marino, South El Monte,and Westlake Village. We propose to joiWy represent the City of Vetnon along with these other 18 cities (listed in Attachment"A"hereto) As lawyers,we are governed by the specific rules relating to our representation of clients when present or potential conflicts of interests are identified. Rule 3-31 D(C) of the Rules of Professional Conduct of the State Bar of California states: "(C)A member shall not,without the informed written consent of each client (1)Accept representation of more than one client in a matter in which the interests of the clients Patfn�j 'conflict or (2)Accept or continue representation of more than one client in a matter in which the intetests of the clients actually conflic • or (3)XePresent a client in a mamr and aI the sansei time in a separate matter accept as a client a Pena or entity whose intemd in the first nudwr is adverse to the client in the first matter." (Emphasis added.) No Actual CoMftt—Rule 3-31 D(C)(2) Based on our review of the facts as are known to us at this time,we believe the Firm is athi thecitics sand t• no conflict amougithe city defendants. See Rule 3-310(C)(2). Each city is a separately listed penmittee under the Permit,and each city has an interest in ensuring that the Permit does not contain unlawfUl or unfair requirements and standards. None of the argument&we made in the Petition will be detrimental to the interests of any city or give any city an advantage over another city. If additional facts come to light that suggest an actual conflict,we will advise you immediately. RICHARDS I WATSON I GERSHON 0TORMIn AS LrW-A MMUSOMUCoaloaffl M ATTORNEY WORK PRODUCT ATTORNEY—CLIENT PRIVILEGE CONFIDENTIAL. Claudia Arellano,Project Engineer May 5,2014 Page 5 Potential Conflict—Rule 3-310(C)(1) The Firm must also obtain your informed consent to the joint representation in this Litigation because it is possible that adversity between the cities represented by the Firm could arise at a later date. See-Ule 3-310(G)(1). As iedica ed above under Rule 3-31 O(C)(1),the Firm must obtain the informed written conwat of each client to accept representation of more than one client in rattler in which the interests of the clients potentially conflict. Here, it is possible that adversity between the cities represented by the Firm could arise down the line if an administrative enforcement action or litigation related to the Permit ultimately ensues. For one example,one city subject to one of the Permit's 33 TMDLs may wish to assert that requirements are being imposed m an uneven manner in relation to surrounding cities. As another example,if these is an enforcement action under the Permit against a city for a discharge violation,that city may wish to establish that other neighboring cities are fully or partly responsible for the alleged discharge of pollutants. Furthermcre. cities who engage in a Watemhed 1Viamge=iu Pin..or Enhanced Watershed Management PI'm under the Permit will have to enter into Mtrnotanda of Understanding.CU with the other permittee members of a Watershed Management(croup. MOUs are contracts,and legal disputes may arise between permittee group members if an alleged breach occurs or if any other disputes arise out of the relationships as defined in an MOU. Although such potential conflicts will likely not arise in the context of the administrative appeal itself,such issues may arise in the future and affect the Firm's representation of the City. Additionally, there may be aspects of the Permit that will be acceptable to one Petitioner and unacceptable to other Petitioners,leading to one city willing to preserve an-aspect of the Permit that another city would like to challenge. As an example,one City may believe that all compliance should be measured through MS4 outfall monitoring while another City may disagree. The Firm believes the solution to any such conflicts that may arise is flexibility. It is a fact that different permittas have different MS4 systems, topography.geography, geology,watersheds,and other factual and logistical issues and features. There is, however,no reason these differences should ultimately create a conflict between Petitioners. Given this wide range of logistical variability among cities, there is an obvious need for the Water RICHARDS I WATSON I GERSHON Arr44NDS AT LAW-A P1Gf SrO MCM0MMX M ATrOR1yfEY WORK PRODUCT ATTORNEY—cuM PRIVILEGE COMOMIJILL Claudia Areliano,Project Engineer . May 5, 2014 Page 6 Boards to employ a flexible approach to determining Permit compliance, allowing permittew to be able to establish compliance in various ways. It currently appears that all of the Petitioners are mutually and beneficially interested in the outcome that will be sou&by-d&F=w. ensuing dw the Permit does not contain infeasible and improperly formulated numeric standards, expensive and unjustified best management practices,improper legal requirments,and unjustified and improperly-analyzed economic burdens. Rather,we seek a Permit for which compliance is reasonably achievable, flexible,cost-effective,and still able to realize the universal shared goal of improving water quality. Nonetheless, if during the pursuit of ties administrative appeal(or any subsequent litigation involving a writ of mandate challenge to the Static Board's possible adverse decision),the potential conflict matures into an actual conflict between two or more cities that we jointly represent,then we would be forced to withdrew from repres,mtatiort of those cities. The affected cities might then incur additional costs and attorneys' fees in hiring and ret rdng a new law Firm to assist thcm in any further adrr&iistrative or court proceeding in this natter. For ex=.ple,ifancw.&M'is =gaged, attonleys from that new FirM ttii&require some additional tune to"get up to speed"on the matter,which would likely result in increased fees and costs. CorYidentiality As you are aware,California State law mandates that an attorney may not disclose confideritiaO-ce -or saprets�of at client Whde clients consent tojoint representation, however, the privilege of confidentiality between the clients with regard to confidential information given to us is limited. Any communications aid information may be fully disclosed by us to all jointly represented clients,unless the client making the disclosure informs us in writing of its desire that a particular communication or item of information be considered confidential and withheld from the other clients. If the City informs us that confidentiality from the other clients must be maintained with respect to a particular communication or item of information, we will advise the other clients that such a request has been made, without divulging its subject matter, RICHARDS I WATSON f GERSHON ATTGRMEMS AT LAN-A FROFESSIOM WRFORAVOM A'MtNEY WORK PRODUCT A1r1'OkNEY4LlENT PRMLEGE CONROWIAL Claudia Arellano, Project Engineer May 5,2014 Page 7 and will inquire whether any of the other clients object to us withholding the communication or item of information from the other clients. By signing this letter, the City expressly consents to such disclosure to the other clients except for communications or items of information about which you infora us that confidentiality from the other clients must be ambmwed. We may withdraw from representing one or more clients if a client objects to our withholding information as requested by another client or if there is an actual conflict between the interests of any clients,provided the withdrawal is permitted under the Rules of Professional Conduct of the State Bar of California. Further,please understand that if the City reveals information to us that may be detrimental to another client city,the Firm may be obligated to reveal that information to the other client city. Should that information be such that we believe an actual conflict has developed between the cities,we might need to withdraw our representation ahogether. That could have a negative impact on each client and result in inamased fees aW costs to you. For exanpie,if a new firm.is engaged, attorneys frb fiat new firm Miglh�lo 'aititial time to"fit ttp trx speed"on the M'idr.r, which V00' Wd-likely reisolt im' ri € m and coiti Lf the City wishes,it may certainly consult independan counsel to further assess this matter and the requested waiver-contained in this letter. We have explained to the City the possibility of conflict that is raised by such L multiple rvrlcsarttation& ft-signio#bvlaw,.the City hereby expressly.consents to the representation of multiple cities on the same matter despite the possibility 0f Coe-jet. Disclosure of Representation on Umviated Mauers of Parties Named as Defendaw in this Litigation—Rule 3-310(B) The Firm serves as City Attorney for many cities in California and it has general and special counsel relationships with several other local governments,districts and agencies throughout California. Rule 3-310(B)of the Rules of Professional Conduct requires the Firm to provide written disclosure to a client where the Firm has a legal relationship with a party in the same matter. See Rule 3-310(Bxl). The Firm is also RICHARDS I WATSON I GERSHON ATTO MMATUw-A MI MSK A!COMPOUTW ATTORNEY WORK PRODUCT AYTIMEY—CLIENT PRMLEGE COURDENTFAL Claudia Arellano, Protect Engineer May 5,2014 Page 8 required to provide written disclosure to a client where the Firm had a legal relationship with a client and the Firm knows that the former representation would substantially affect the Firm's representation in the cunvw matter. See Rule 3- 310(B)(2). Rule 3-310(B)(1)and Rule(BX2)state: "(B)A member shall not accept or continue representation of a client without providing written disclosure to the client where: (1)The member has a legal, business,financial,professional,or personal relationship with a party or witness in the same matter,or (2)The member knows or reasonably should know that: (a)the member previously had a legal,business,financial, professional,or personal relationship with a party or witness in the same matter; and (b) the previous relationship would substantially affect the member's representation." AJthmtgh the Finn,does not believe that the�repres oo of clients that are neft l as perctritteet;:uader the Permit subsslty act: -1i 's ieseaotiott of tlk' cities in this matter, #heTlir"i fs disc sing both tl urrmn rc#re�oe and former representation of other pennittees under the Permit on matters that are not related to the subject of the Permit. The Firm did not obtain any confidential information from the co-permittees identified below that is material to the representation by the Firm of the City and the other cities filing the Petition. t C rent.Lnj Fgrjwr Pfau AW4 Penal Bents on k4n&t d Maws CitX of Alhambra Ci of Arcadia Ci of Baldwin Pazk CIO;of Bell Ck of Calabasas City of Claremont Ci of Covina City of Cudahy Culp Ci Cir Y of Downey Ci of El Monte City of El Sc City of Gardena City of Glaidale City of Hermosa Beach City of Huntington City of Inglewood City of Irwindale Park ' Ci of La Habra City of Lawndale City of unwqw RICHARDS I WATSON I GERSHON XrMRNMAl"W-A"OF[SSIMALCGOPOU roN ATrORK-Y WORK PRODUCT ATTORNEY—CUENT PRfVILEGE CONFIDENTIAL Claudia Arellano, Project Engineer May 5,2014 Page City of Malibu City of Maywood City of Monterey _ Park Ci of Paramount City of Pasadena C' of Pico Rivera City of Rancho City of San-Gabriel City of San Marino Palos Verdes City of Santa City of Sierra City of South Monica Madre Pasadena of Torrance Ci of Whittier Financial Arran ementa Given the number of cities participating in this matter,each city will pay only a &action of the cost for legal work on nuners that are common to all participating cities. The Firm has already opened a joint billing number to which all billed attorney time is recorded. The time billed in the joint billing number is split equally among the group of cities participating in this matter and billed pursuant to each individual c is�-to rate struMtwe. Tb%%asst r representation of 19 ci#ics,c city Vin -bi%& i/IM of the sctiw-ti -to prepare'tile Petitioli fan all'ifim We are in fadt #ly billing cash city based upon this split(i.e., each cu'n' t.city days 1119'of the actually incurred amount). But,if any one city drops out of the representation,tben the pro rats cost to each city would increase to a 1/18a'share of the total billed arnounL Altematively, if any city joins the representation,the pro rate share of each city would decrease. We,believa-fluawe wfft be abbe to vtgomiWy a3X17e r went the City in connection with this lawsuit. If you have any questions,please do not hesitate to contact me. RICHARDS I WATSON I GERSHON ATTORNEYS AT LAM-A KOPESSWMAL C00rORAT10R ATTORNEY WORK-PRODUCT ATTORNEY-CLItNt PRMLEGE CONFIDENTIAL Claudia Arellano,Project Engineer May 5.2014 Page 10 If this lever meets with your approval,we would appreciate it if you could please return an executed copy to us at your earliest convenience. L:E� no0101012%E6p3 doe RICHARDS I WATSON I GERSHON ArMIMEn IQ LAW-A fYQ/fSSIOM.LL CORROrxP.4H ATTORNEY WORK PRODUCT ATTOR*61 -CLtEkr F*- nLEGE CONFtdEkna Claudia Arellano,Project Engineer May 5, 2014 Page 11 Written Coo t for Joint R ta�tion We consent to, and aWtorize Richards, Watson & Gershon to represent the City of Vernon in connection with the joint representation of the.City and any od=cities that retain Richards, Wagon& Cr Tshoa to prepare and assist in the Petition for Review challenging the Los Angeles County NPDES Permit for ithe MS4 System,,NPDES Permit No. CAS004001 ("Permit'"},and any fucd=litigation relaxing to the administrative appeal. Currently,the Cities of Agoura Hills,Artesia,Beverly Hills, Commerce, Culver City,Downey, Hidden Hills, Inglewood, La Mfiv a, , Manhattan Beach, Monrovia,Norwalk,Rancho Palos Verdos, Redondo Beach,San Marino, South El Monte,Torrance, Vernon and Wesdalse Village have retained Richards, Watson& Gershon in this matter. The City further understands and agrees that Richards, Watson&Gershon may also represent other cities that are permittee<s under the Permit if those cities consent to the joint representation City of Vernon / Daze: r `/ 01 By: Mark hitworth Title: City Admiaistrntnr ATTEST Ana Bard u Ci erk APPROVED AS TO FORM: :�-� &&�t Scott E. Porter, Deputy City Attorney EXHIBIT B ATTACERKENT "B" TO CONFLICT WAIVER LETTER LIST OF CITIES REPRESENTED BY RICHARDS, WATSON & GERSHON ON LPTIGATION RELATING TO LOS ANGELES REGIONAL WATER BOARD'S 2012 MS4 PERMIT Agoura Hills Artesia Beverly Hills Commerce Covina Culver City Downey Hidden Hills Inglewood La Mirada Manhattan Beach Monrovia Norwalk Rancho Palos Verdes Redondo Beach San Marino South El Monte Torrance Vernon Westlake Village $2001-00 i 21[848045Y I.dw F=' 5 4 RECEIVED " * OCT2 7 2016 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: November 1, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino Jr., City Administrator U, 10 2,10_ky- Originator: Diana Figueroa, Administrative Analyst RE: Appointment of Eligible Individual to Serve on the Vernon CommUNITY Fund Grant Committee Recommendation A. Find that the appointment of an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative action that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Appoint an eligible individual to serve on the Vernon CommUNITY Fund Grant Committee in a Vernon Area Representative Seat with a term of November 1, 2016 to June 30, 2018. Background The Vernon CommUNITY Fund ("VCF") was established to provide grants that benefit the Vernon community to charitable and governmental entities for projects in the "Vernon Area," which includes the cities of Vernon, Maywood, Bell, Huntington Park, and Commerce, the area within the City of Los Angeles known as Boyle Heights, and the unincorporated area known as East Los Angeles. The Vernon CommUNITY Fund is the fulfillment of one of the key elements of the City's good governance reforms. On February 4, 2014 the City Council adopted Ordinance No. 1218 and established the Vernon CommUNITY Fund Grant Committee ("Committee") to provide basic guidelines and operational procedures for the review of grant applications and award of grants from the VCF. The Committee is comprised of seven members and must include: One (1) person who represents an owner or operator of a business located in Vernon; two (2) persons representing members of the California Legislature with districts that include at least a portion of the Vernon Area; three (3) persons that reside or work in the Vernon Area; and one (1) current member of Page 1 of 3 the Vernon City Council. Terms for Committee members are for a period of two years (July 1 to June 30). In June 2016, the term ended for Vernon Area Representative, Jessica Maes, and the vacancy needs to be filled. Pursuant to Section 2.158 of the Vernon Municipal Code, Committee members shall be appointed by the City Council. Staff has publicized the current vacancy and placed the appointment of an eligible individual for this seat on the agenda for the November 1, 2016 City Council meeting. The City Council is expected to make an appointment to fill one current vacancy in the Vernon Area Representative Seat. Vernon Area Representative Seat On or about October 4, 2016, City staff mailed an announcement and corresponding application form to all businesses and residents in Vernon; provided, via email, both documents to the Vernon Chamber of Commerce; and provided, via email, both documents to consultant, Jemmott Rollins Group, Inc. ("JRG") to solicit eligible individuals. Said application and cover letter were also posted on the City's website and are included as attachments to this staff report (Attachment 1). As of the application deadline, six completed applications were received. One application was received after the application deadline and has not been included for consideration. The six remaining completed applications received by the deadline are included as attachments to this staff report (Attachment 2). Information that may be personal has been redacted from the applications. The names of the individuals are listed below: 1. Issa Guerrero 2. Diana Herrera 3. Michael Nam 4. Al Rios 5. Sandra Villarreal 6. Susie Ybarra JRG vetted the six applicants that expressed an interest to serve on the Committee by evaluating their experience levels and areas of expertise. A matrix with a brief synopsis of the individual candidates has been provided as an attachment to this staff report (Attachment 3). The City Council must appoint one individual to serve in the Vernon Area Representative Seat. City staff recommends the Council make such appointment from among the six candidates presented above in this staff report, as each has expressed an interest to serve on the Committee. The term for this seat will expire June 30, 2018. Next Steps The Vernon CommUNITY Fund Grant Committee meets quarterly at 10:OOam on the third Wednesday in the months of February, May, August and November. Upon the City Council's appointment of a new Committee member, the City Clerk will administer the Oath of Office as necessary, prior to their participation in a Vernon CommUNITY Fund Grant Committee meeting. City staff will also schedule an orientation and/or training session as required or appropriate. Page 2 of 3 Fiscal Impact There is no cost associated with the appointment of an individual to serve on the Vernon CommLTNITY Fund Grant Committee. Attachment(s) 1. Announcement to Vernon Area Representatives and Prospective Committee Member Interest Form dated October 3, 2016 2. Six Completed Interest Forms for the Vernon Area Representative Seat 3. JRG Vernon Area Candidates Matrix 2016 Page 3 of 3 Of t# .7 no?, CTFY ADMIlVISIRATION 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583-8811 October 3, 2016 TO: Individuals that Reside or Work in the Vernon Area *HR Department—please distribute this communication to all employees SUBJECT: Seeking Interested Individuals that Reside or Work in the Vernon Area to Serve on the Vernon CotnmUNITY Fund Grant Committee Background: The Vernon CommUNITY Fund (-'VCF") was established to provide grants that benefit the Vernon community to charitable and governmental entities for projects in the "Vernon Area,"which includes the cities of Vernon, Maywood, Bell, Huntington Park, and Commerce, the area within the City of Los Angeles known as Boyle Heights, and the unincorporated area known as East Los Angeles. The Vernon CommUNITY Fund is the fulfillment of one of the key elements of the City's good governance reforms. The reforms called for the creation of an environmental and community benefit fund and an independent board to award grants to qualified applicants. Composition and Terms: The Committee is comprised of seven members and must include: One (1) person who represents an owner or operator of a business located in Vernon; two (2) persons representing members of the California Legislature with districts that include at least a portion of the Vernon Area; three (3) persons that reside or work in the Vernon Area; and one (1) current member of the Vernon City Council. Terms for Grant Committee appointees are for a period of two years(July 1 to June 30). No appointee shall serve more than three (3)consecutive terms. Invitation to Apply: The City seeks to fill a current vacancy in the Grant Committee seat represented by an individual that resides or works in the Vernon area and encourages all qualified individuals to apply. Those with an interest in good government and experience in philanthropic activities are especially needed to devote time to this important public body. The Grant Committee is subject to state open meeting laws and regulations related to good government such as the Ralph M. Brown Act and the Political Reform Act. Appointees will be required to submit Statements of Economic Interests(Form 700s)annually. For more information on the Grant Committee and related responsibilities, please refer to Sections 2.155 through 2.169 of the Vernon City Code available on the City's website (www.cityofvernon.org). To be considered for appointment to the Vernon CommUNITY Fund Grant Committee, please complete and submit the attached form by October 17, 2016. Please note that the newly appointed committee member would be expected to attend the next regular Vernon CommUNITY Fund Grant Committee meeting which is scheduled for November 16, 2016. -T-Asively Industrial Fury � ',Coo e VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form October 3, 2016 Vernon Area Representative Seat (Individuals that Reside or Work in the Vernon Area) Name: Business Name (H appicable):_ Title: Vernon Address: Email: _- Phone: Qualifications and Reasons for Interest in Serving on the Grant Committee (attach additional sheet if necessary): NOTE: By signing below, you affirm that you are an individual that resides or works in the Vernon area. Signature: NOTE: Please submit completed form by Tuesday. October 17, 2016 at 5:30 a.m. Mail form to: City Administrator's Office,4305 Santa Fe Avenue, Vernon, CA 90058-Attn: Diana Figueroa Email form to: dfi ueroa ci.vernon.ca.us City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058-Telephone (323)583-8811 r RECEIVED OCT 17 2H s Fu n cl CITY ADMINISTRATION 13usines, VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form October 3, 2016 Vernon Area Representative Seat (individuals that Reside or Work in the Vernon Area) Name: v 1�1L1-�YI(� 0 Business Name o applicable': ca� C en-�k if Title: Vernon Address: Email: Phone: Qualifications and Reasons for Interest in Serving on the Grant Committee (attach additional sheet if necessary), r, f A / ez # NOTE: By signing bpla r� affirm that you are an individual that resides or works in the "`" P9 " Vernon area. Signature: —00ow— NOTE: Tease submit completed form by Tuesday, October 17 2016 at 5:30. p.m. Mail form to: City Administrator's Office,4305 Santa Fe Avenue, Vernon, CA 90058- Attn: Diana Figueroa Email form to: dfe ueroa ei.wernon.ca.us City of Vernon,4305 Santa Fe Avenue, Vernon,California 90058-Telephone(323)583-8811 STACY NIEDIC?►L CENTER -i n`J,o � �,t;►� ...fan � �..�..�; a�m� . O(AA- " j? T,,.Ae3 ja I eb vj-u-*L�� (a. r � s ...ate co"4.. a,rn IXSAA oL _ IL M.+L �� V.O ti h 1 �� �t'�-r U`t'nX/�/J r W1ru C�1� � -l� V✓� CORPORATE OFFICE: 45BO PACiFic BLvD.. VERNON. CA 9005E TEL: 323.564.0779 • FAX: 323.584.2282 STACY MEDICAL CENTER c, o jat �.�ova Oju LNG 1� CORPORATE OFFICE: 4580 PACIFIC BLVD.. VERNON. CA 90058 TEL: 323.584.0779 • FAx: 323.584.2282 . �" RECEIVED OCT 0 6 2016 4. •«191 ` F u n CITY ADMINISTRATION VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form October 3, 2016 Vernon Area Representative Seat (Individuals that Reside or Work in the Vernon Area) Name: DICLr-)& 4erre.I4 Business Name ("applicable): Vernon Com mat- ederaJ C(edif Union Title: j- + an — Vernon Address: Email: Phone: Qualifications and Reasons for Interest in Serving on the Grant Committee (attach additional sheet if necessary): bc'�r vz M w , cfln x�nc1*-+ h D C rr1r,n1i - ink 6f.M I ove Ived an 4rhr Cernrnt tlite, 13 0-A I1cfGII * 0 �vnht gwl A ej lin rrw i GL VOU, 0 ,1 5 r +-Pie L.CrnmGCe- �„d..�,�-rr�l {�5;•,' [ I Chti.,hrr o� C'GMmr1C� NOTE: By signing below, you affirm that you are an individual that resides or works in the Vernon area. Signature: NOTE: Please submit completed form bV Tuesday, October 17 2016 at 5:30 p.m. Mail form to: City Administrator's Off ice,4305 Santa Fe Avenue, Vernon, CA 90058-Attn: Diana Figueroa Email form to: dfiqueroa@ci.yernon.ca.us City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058-Telephone(323)583-8811 4 .. RECEIVED OCT 1 1 2016 ri Funct CITY ADMINISTRATION coo VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form October 3, 2016 Vernon Area Representative Seat (Individuals that Reside or Work in the Vernon Area) Name: Michael A6 m Business Name (if apoicabie)__ Title: Vernon Address: Email: Phone: Qualifications and Reasons for Interest in Serving on the Grant Committee (attach additional sheet if necessary): Obta-i Pi k rf -5 D n a Z L,4 lecAjer Gk ,r T 3 1 i C ojba (i ( (-bc.r C 6 SO �c IDns� of r Login4 iiCT 15 #o - k; r NOTE: By signing below, yo hat ou are an individual that resides or works in the Vernon area Signature: NOTE: Please submit completed form by Tuesday, October 17, 2016 at 5:30 p.m. Mail form to: City Administrator's Office,4305 Santa Fe Avenue, Vernon, CA 90058-Attn: Diana Figueroa Email form to: dfiaueroa0ci.verr+on.ca.us City of Vernon,4305 Santa Fe Avenue, Vernon, California 90058-Telephone(323)583-8811 s RECEIVED OCT 13 2W Funof CITY ADMINISTRATION VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form September 21, 2016 Vernon Area Representative Seat (Individuals that Reside or Work in the Vernon Area) Name: Al Rios Business Name (i►applicabie): East Los Angeles College Title: Dean of Academic Affairs . Vernon Address- Email: JENNEV-_ Phone: _.MENEM_ Qualifications and Reasons for Interest in Serving on the Grant Committee (attach additional sheet if necessary): am quite familiar with Boyle Heights because I grew u and attended school in Boyle Heig his. However for the last 25 years I have lived and worked in the Southeast Cities of Cudahy, Bell and currently reside in the Ci South Gate_ For the last 16 ears I have been a College Administrator for East Los Angeles College ELAC as well as a teacher in the Political Science field at the satellite cam us of ELAC in the city of South Gate. 1 believe I can provide leadership and pgrspective to the Vernon Comm unit Fund Committee_ NOTE: By signing below, you affirm that you are an individual that resides or works in the Vernon area. Signature: NOTE: Please submit completed form by Thursday, October 13 2016 at 5:30 p.m. Mail form to: City Administrator's Office,4305 Santa Fe Avenue, Vernon, CA 90058-Attn: Lilia Hernandez Email form to: Ihernandezffci.vernon.ca.us City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058-Telephone(323) 583-8811 RECEIVED } � OCT 0 4 1016 r do = �R Funty CITY ADMINISTRATION l� VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form September 21, 2016 Vernon Area Representative Seat (Individuals that Reside or Work in the Vernon Area) Name: _Sandra Villarreal, BSN, PHN, RN Business Name (if apoicable): Title: _ Vernon Address: Email. [Phone'. Qualifications and Reasons for Interest in Serving on the Grant Committee (attach additional sheet if necessary): It is with great interest that I formally request to serve on the Vernon Community Fund Grant Committee. As a practicing registered nurse with a strong interest in public health, I am committed to improving the health and well-being of the community I serve I have a vested interest with the city of Maywood and its surrounding neighborhoods. I was raised in the city of Maywood since the age of 5 years old. I attended middle school in the city of Huntington Park, High school in Bell, college at East Los Angeles College, undergraduate school at Cal State Los Angeles, and have recently worked at White Memorial Medical Center in the city of Boyle Heights. I currently reside in the neighborhood I grew up in which is borderline with the city of Vernon at the Fruitland city limit. I am familiar with these communities, their businesses. organizations, and the many challenges they face. I currently serve as Board Member of the National Association of Hispanic Nurses Los Angeles Chapter, where I lead the scholarship program and co-lead grant funded projects from the U.S. Department of Health and Human Services on the Affordable Care Act. I also serve on the President's Community Advisory Council at Charles R- Drew University of Medicine and Health Science. NOTE. By si g below, you affirm that you are an individual that resides or works in the Vernon are Signature: NOTE: Please submit completed_form by_Thurssday, October 13, 2016 at 5:30 p.m. RECEIVED OCT 13 2016 ° = Funq CITY ADMINISTRATION %n covo�e,�� VERNON COMMUNITY FUND GRANT COMMITTEE Prospective Grant Committee Member Interest Form October 3, 2016 Vernon Area Representative Seat (Individuals that Reside or Work in the Vernon Area) d Name: -- o.!5 1,E 1/Z12 Business Name (if Pik- + ): -- Title: _ Vernon Address: Email: Phone: Qualifications and Reasons for Interest in Serving on the Grant Committee (attach additional sheet if necessary): } NOTE: By signing below, you affirm that you are an individual that resides or works in the Vemon area. Signature: NOTE: Please submit completed farm by Tuesday, October 17 2016 at 5:30 p.m. Mail form to: City Administrator's Office,4305 Santa Fe Avenue, Vernon, CA 90058-Attn: Diana Figueroa Email form to: n City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058-Telephone (323)583-8fi11 Vernon Community Fund Grant Committee Prospective Grand Committee Member Interest Form Susie Ybarra—Resident Attachment I am interested in being a member of the Vernon Community Fund Grant Committee and ask that you consider me for the open seat. I have been a resid ent in the City of Vernon over 40 years and participated in savings Vernon from being dissolved in 2011. 1 know the importance of the Vernon Community Fund and continued execution of the Good Neighbor Program with our surrounding cities. Since Aug 29, 2011, when the senate voted no to AB 46, our family made a commitment to be more active in our community. What has raised my interest in this committee is my deep desire to serve the City, it is my home. I have recently retired from a financial institution as a Senior Vice President and I am a licensed Project Manager Professional (PMP) which has provided me experience on planning and execution of new products and services. I have had various managers and leadership positions with a Master's of Arts in Management (MAOM), and have volunteered and encourage our family members to support Vernon and surrounding community. My only limitation is that I care for a toddler and elementary school grandchildren which begins at 12:30 pm daily, so I can only attend morning meetings. as u c m ;o Mn m o= °}' -o O L c c c o c _ c C c c L vOi } � 7 ru Q O c c c a m i O (Ij d CA L O O E` 7- L Q d 0 f6 L lO a a m wa cc at C +T Q }� m O O Q C m c 00 Op .rA °' E E w L u Y aui a, m E m E O 7 O M "a a o o a" > a) ao V L) iL U a ? Ln Y u m Q G V O E O u m m 3 Q X {�.7 •O fLO Ib 4! a) C r di u! tio U G1 y fL aJ a' LM ++ v_s OD cu u a+ L C S cn Y ii c d oin C C 'G i .0 LA O Q O E m E w o aJ 'O Ca 0 C `J 'a C L a Q y C m aoo o o EY E c Q c -o a O +� c c O u Qy a+ N }' m t r pp V y a� R o. D °1 c cu f° m a O (B a m z a �o C ai a E u u Q o "� v c ar u u O 41 L N �. a� v C c Q o a ;, a -0 u o c m n 4 z L O is L C10 L� u a01c z E n � t u c CL r�`a u O (u r- +- L 3 c a� 0 c w m OLn L u Z O m 3 C_ -a O id uL W m m o v c cr E cu m 4r u W f0 ai L ), M L p L L vi L a7 u L C C inai 4• ai i m � a`, Fa E m -0 a o o °: a ? ) E u cc V ;' c O m o 01 ++O 0 L GD "a ;o v Z d 4O as a7 m i to U_ L L C 'G 'C G {9 -0 aJ O L Q O Q .? 3 O CO 7 CO m O fC V a ++ C ++ E C C C 41 m aJ U C' u U E C G u 01 � s 3 -0 m a m m 0 3 m y� U ' , V L y v+ L W L u O L O L L cacu ' Lcu aJ _ OD uw > ai o a Z 0 CC C p 0 H C • • • Q Q of N C 0 .--I N ff'1 67 � Q L E m z o c'c a u a Q 0 1 to can • "ir i: • . RECEIVED OCT 2 6 2016 STAFF REPORT CITY CLERK'S OFFICE CITY ADMINISTRATION DATE: November 1, 2016 TO: Honorable Mayor and City Council FROM: Carlos R. Fandino Jr., City Administrator C* G;)-Z(0 AL( Lilia Hernandez, Executive Assistant to the City Administrator RE: Appointment of Eligible Individual to Serve on the Vernon Business & Industry Commission Recommendation A. Find that the appointment of an eligible individual to serve on the Vernon Business & Industry Commission is exempt from California Environmental Quality Act ("CEQA") review, because they are administrative actions that will not result in direct or indirect physical changes in the environment, and therefore do not constitute a "project" as defined by CEQA Guidelines section I S378; and B. Appoint an eligible individual to serve on the Vernon Business & Industry Commission for an unexpired term in a Vernon Real Estate Representative Seat until the term expires on dune 30, 2018. Background As one of the key elements of the City's good governance reforms, the City Council created the Vernon Business and Industry Commission ("Commission") to explore and develop ways for the City of Vernon to be more attractive to employees, businesses, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission is the revamped consolidation of the former Ad Hoc Advisory Committees on Business Development and Electric Rates, and is intended to provide a special forum to address public concerns related to the City's business and industrial development related costs, procedures, and activities. The Commission is comprised of seven members from the Vernon Community: Three business representatives, each of whom represents the owner or operator of a business located in Vernon; two real estate professionals, each of whom has knowledge of the Vernon real estate market; one labor representative, who is employed by a business located in Vernon or who is a member of a Page 1 of 2 labor union that represents workers at a business located in Vernon; and one current member of the Vernon City Council. The resignation of former Commissioner Brett Dedeaux from the Vernon Business & Industry Commission earlier this year, resulted in a vacancy on the Commission in the Real Estate Representative Seat. The term for this vacancy expires on June 30, 2018. Pursuant to Section 2.174 of the Vernon Municipal Code, the City Council is expected to make an appointment to till this current vacancy. Staff has publicized this vacancy and has placed the appointment of an eligible individual on the agenda for the November 1, 2016 City Council meeting. On or about October 6, 2016 City Staff broadly publicized the aforementioned vacancy and opportunity to serve on the Vernon Business & Industry Commission by posting the attached announcement and interest form on the main page of the City's website and mailing copies to a list of real estate firms familiar with Vernon (Attachment 1). As of the application deadline, three completed applications were received and are included as attachments to this staff report (Attachment 2). Information that may be personal has been redacted from the applications. The names of the individuals eligible to serve in a Real Estate Representative Seat are listed below: 1. Trevor Gale 2. Brandon Gill 3. Jack Whalen The City Council must appoint one individual to serve in the vacant Real Estate Representative Seat. City staff recommends the Council make such appointment from among the candidates presented in this staff report, as each has expressed an interest to serve on the Commission. The Vernon Business & Industry Commission meets quarterly at 9:00 a.m. on the second Thursday in February, May, August, and November. Upon the City Council's appointment of new Commission members, the City Clerk will administer the Oath of Office as necessary, prior to their participation in a Vernon Business & Industry Commission meeting. The next regular meeting of the Commission is scheduled for November 10, 2016. Fiscal Impact There is no fiscal impact associated with the appointment of an individual to serve on the Vernon Business & industry Commission. Attachment(s) 1. Announcement to Representatives of the Vernon Real Estate Community and Prospective Commission Member Interest Form dated October 6, 2016 2. Three Completed Interest Forms Page 2 of 2 Ir of ver Tito Ott CITY ADMINISTRATION 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(323)583,8811 October 6,2016 TO: Representatives of the Vernon Real Estate Communities SUBJECT: Seeking Interested Real Estate Professionals to Serve on the Vernon Business and Industry Commission Backeround: The Vernon Business and Industry Commission ("VBIC" or"Commission") has been established to assist City officials and staff in developing ways to make the City of Vernon more attractive to businesses, employees, and investors, while appropriately considering the needs and concerns of the residential communities within and in close proximity to Vernon. The Commission is also intended to provide a special forum to address public concerns related to the City's business and industrial development related costs, procedures, and activities. The Commission replaces the Ad Floc Advisory Committees on Electric Rates and Business Development and is the fulfillment of an important element of the City's good governance reforms. Composition and Terms: The Commission is comprised of seven members from the Vernon Community: three business representatives,each of whom represents the owner or operator of a business located in Vernon; two real estate professionals,each of whom has knowledge of the Vernon real estate market; one labor representative, who is employed by a business located in Vernon or who is a member of a labor union that represents workers at a business located in Vernon; and one current member of the Vernon City Council. Commission members serve four year terms beginning in August. No member shall serve more than two(2) full consecutive terms. I y(111111S£ Vacancies and Invitation to Avph: The City seeks to fill a vacancy in a real estate representative seat and encourages all qualified individuals to apply. The term for the vacant seat expires in June 2018. Those with an interest in good government and experience in public service and business and economic development are especially needed to devote time to this important public body. The Commission is subject to state open meeting laws and regulations related to good government such as the Ralph M. Brown Act and the Political Reform Act. Appointees will be required to submit Statements of Economic Interests(Form 700s)annually. For more information on the Vernon Business and Industry Commission and related responsibilities, please refer to Ordinance No. 1223 available on the City's website (www.citvofvemon.org). To be considered for appointment to the Commission,please complete and submit the attached form by October 19, 2016. Please note that the newly appointed commission member would be expected to attend the next regular Vernon Business and Industry Commission meeting which is scheduled for November 10,2016. Exclusivefy Industriaf of 4305 Santa Fe Avenue, Vemon,California 90058 Telephone(323)583-8811 VERNON BUSINESS AND INDUSTRY COMMISSION Prospective Commission Member Interest Form October 6, 2016 Appointing Category (please circle one): Business Real Estate Labor Name: Business Name: Title: Vernon Address: Email: Phone: Qualifications and Reasons for Interest in Serving on the Commission (attach additional sheet if necessary): NOTE: By signing below, you affirm that you meet the requirements of the appointing category you have indicated. Signature: NOTE: Please submit completed form by Wednesday, October 19, 2016, at 5.30 p.m. Mail form to: City Administrator's Office, 4305 Santa Fe Avenue, Vernon, CA 90058- Attn: Lilia Hernandez Email form to: I hem andezCW-ci.vemon.ca.us City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058-Telephone(323)583-8811 RECEIVED . OCT 07 2W i � CITY ADMINISTRATION 4305 Santa Fe Avenue,Vernon,California 90058 Telephone(3M)583^8811 VERNON BUSINESS AND INDUSTRY COMMISSION Prospective Commission Member Interest Form May 16, 2016 Appointing Cal (please circle o e): Business CRea7Estate Labor Name: . Business Name: Title: Vernon Address: t=mail: Phon Qualifications and Reasons for interest in Serving on the Commission(attach additional shoat if necessary): J� A&5-e NOTE: By signing below, you affirm that you meet the requirements of the appointing category you have indicated. Signature NOTE: Please submit.compfated form by ThursdaX. May 26, 2016. at 5:30 P.m Mail form to: City Administrator's Office,4305 Santa Fe Avenue,Vernon, CA 90058- Attn: Lilia Hernandez Email form to: IhemartdezJr0.wrnon.gLM City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058-Telephone(323)5"11 LOS ANGELES LONG BEACH COMMERCE PHOENIX HEGER5701 S Eastern Avenue,Suite 100.Commerce,CA 90040 O 323 727 1144 F 323 727 9198 1leWndustrlal.cm ,rovarRPAL May 24,2016 Mrs. Lilia Hernandez CITY OF VERNON 4305 Santa Fe Avenue Vernon,CA 90057 RE: Vernon Business& Industry Commission Form Qualifications& Reason for Interest in Serving on the Commission Dear Lilia: Having served on various committees in the past, I have a vested interest in this community as it has been one of my primary places of business over the last several years. Heger Industrial is a full service industrial real estate company providing brokerage,property management, investment and consulting services. For nearly six(6)decades,we have helped business owners,property owners and investors achieve the greatest value of industrial and special-use real estate throughout the City of Vernon. As a result of my business,I am actively walking the streets and meeting with local businesses and property owners on a weekly basis. It is easy for me to understand the importance of having a City that can assist, support and service the companies and people who live and work here. The City of Vernon serves as an excellent place for companies(large&small)as well as employees/employers to thrive and provides the goods and services that affect the entire nation. I have prided myself and my business in working with local companies that already reside in the City of Vernon as well as bringing new businesses into the City. Some of these companies included Morgan Fabrics, Five Four Group(Young& Reckless Apparel), Fresh American Produce,Jaya Apparel,Melissa's Produce and ARKA Properties Group. I thank you in advance for your consideration and hope to have the opportunity to serve of the Vernon Business and Industry Commission. Please feel free to contact me anytime with any questions you may have. I can be reached at my office at 323- 727-1 144,my cell phone 818-448-4885 or by email to d%eaerindustrial.com Sincerely, ri\'tfr Tt c Senior Vice President Lie. 001452957 RECEIVED OCT 19 20S CITY ADMINISTRATE QPV 4305 Santa Fe Avenue,Vernon,California 900% Telephone(3M)583-911 VERNON BUSINESS AND INDUSTRY COMMISSION Prospective Commission Member Interest Form October 6, 2016 Appointing Category(please circle one): Business Meal Estate Labor Name: mrooyi Business Name: Title; Im ED1 111 1R S1dLLnt Vernon Address: Ds MY10r(,6' 6 1 (I w Email: Phone: Qualifications and Reasons for Interest in Serving on the Commission(attach additional sheet if necessary): pk + fit NOTE: By signing below. you affirm that you meet the requirements of the appointing category you have indicated_ Signature; NOTE: Please submit corn pleted form by Wed nesda y, October 1$ 2016 at 5:30 P.m. Mail form to: City Administrator's Office, 4305 Santa!"e Avenue,Vemon, CA 90058- Attn: Lllia Hernandez Email form to: llsmndezfci.vemgme.us City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058-Telephone(M)583-8811 CBRE Brandon Gill 400 South Hope Street, 25'" Floor Senior Vice President Los Angeles, CA 90071 CBRE,Inc. T 213 613 3754 F 213 613 3005 brandon.gill®cbre.com www.cbre.com October 12, 2016 City of Vemon 4305 Santa Fe Avenue Vemon, CA 90058 RE:The Vemon Business and Industry Cortnm6s ion To Whom It May Concem: Thank you for your consideration as the real estate representative on the Vernon Business and Industrial Commission. For the past two decodes, my focus has been committed to brokerage of leases, sales, and development of industrial real estate in the Los Angeles, Vernon, and Commerce sub-markets. Over my career, I have participated in the completion of over $4.23 billion in transactions (see attached Case Studies). The continual migration of industrial companies from Downtown Los Angeles' diminishing industrial base is a very relevant component of the Vernon community. In recent years, I have developed an expertise in the sale of industrial properties for adoptive reuse in the Arts District of Downtown Los Angeles. As many industrial companies are being displaced and relocating to Vernon, my team and I are continually working with this company profile. The City of Vemon has a geographic and strategic advantage to benefit from this current phenomenon. 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O crCD _ c — oT 3 g r CD 0 N r 3 N W r- 3 m N C �1 Q H C n -- -- < O O w n 7 W n Q W n o v m a Q n o, o a P� a 0 o O [D W vO+ w N N O fD W V) g t Ol 0 3 0 10 o' ° cVr' (� w iQ o N m o 3 6, ' 3 w 3 0 - 3 Z. 3 r -" RECEIVED OCT 13 21fi Ole CITY ADMINISTRATION 43M Santa Fe Avenue,Vernon,California 900E+$ Telephone(323)583-8811 VERNON BUSINESS AND INDUSTRY COMMISSION Prospective Commission Member Interest Form October 6, 2016 Appom ling Category(Please circie one): Sul ' +3ss Real Estate tabor Business Named _ Z � . n h kIA 2 + ti Tide: r ,twly 4, .0i-j F' Vernon Address: _ S 7O f_ t1 &WS -�j 70Z- Ud Email: �Ur~+Ir1�2eG=J Cf 4d�Q Phone: Qualifications and Reasons for Interest in Serving on the Commission(attach additional sheet if necessary): rr f nl - se-I{ 4n--'q 1 1,r M A,-- NOTE: By signing below, you affirm that you meet the requirements of the appointing category you have lndlcat Si�i+ati.�Q_ NOTE: Please submit corn 13 leted form by Wedn asday. Cctobior 19 2018 at 5,30 _m, Mail form to: City Administrator's Ofllce, 4305 Santa Fe Avenue, Vernon, CA 90058- Attn: Lilia Hernandez Email form to: Ih9rnartdez0eLvem m.cn.ns City of Vernon,4305 Santa Fe Avenue,Vernon,California 90058-Telephone(323)583-8811 JACK WHALEN SIOR Senior Vice F'n-asident 96 jack u&ag"ndustriai cvm HEGE�R INDUSTRIAL Lic. #00939136 AFFILIATIONS AND Jack Whalen has been one of the most successful and prominent MEMBERSHIPS commercial real estate brokers in Southern California since 1985. SIOR Jack's breadth and depth of experience in the market are the direct result of SOCIETY OF INDUSTRIAL AND his concentrated focus on assisting property owners with leasing, sale and OFFICE REALTORS acquisition of industrial real estate throughout Southern California. He has earned a reputation as a market expert with his clients who include major AIR corporations, institutional owners as well as small business throughout the COMMERCIAL REAL ESTATE region. ASSOCIATION CPA A firm believer in collaboration, Jack has also developed strategic CERTIFIED PUBLIC ACCOUNTANT relationships with experts in finance, appraisal, architecture, construction (RETIRED) and materials handling to bring their collective expertise together in the interest of his clients. Jack's highly successful and respected career stems from over 30 years of faithful service to his clients, industry and community. He proudly holds one of the most respected designations with the Commercial Real Estate Industry—Society of Industrial and Office Realtors ("SIOR"). This is a distinction that less than one percent (1%) of all national Commercial Real Estate practitioners hold. Prior to Jack's Real Estate career, he was employed for nearly a decade as a Certified Public Accountant with Deloitte Haskins& Sells. Jack is a graduate of the University of Southern California with a Bachelor of Science degree in Accounting and Business Administration. CONTACT INFORMATION: Jack maintains offices both in the City of Long Beach and Los Angeles to Long Beach Office: better serve the needs of his valued clients. 3760 Kilroy Airport Way, Ste 130 Career Highlights Long Beach, CA 9080 • Broker of the Year at each of the affiliations, McKinney& Company Commerce Office: Oro ker of the Fear - Heger Industrial, MLIMple Year Recipient 5701 S. Eastern Avenue. Circle of Excellence—Nonaree, Heger Industrial, MtjItiple Year Recipient Ie 100 Treasurer and Board Member—SIOR Greater Los Angeles Commerce, CA 990040 Treasurer and Board Member—SIOR Worldwide Global (323) 727-1144 Treasurer and Board Member—Palos Verdes Golf Course www. rldusifiat corn .p _ RECEIVED `�` °x • , RECEIVED OCT 2 5 2016 42. OCT 2 4 2016 CITY CLERK'S OFFICE cIry AOMiNisrRArioN STAFF REPORT CITY CLERK DEPARTMENT ` r 11D DATE: November 1, 2016 TO: Honorable Mayor and City Council FROM: Maria E.Ayala, City 'Clerk ' RE: Adoption of Two (2) Resolutions: 1) Calling for a General Municipal Election to be Held on Tuesday, April 11, 2017; and 2) Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services for Conduct of Said General Municipal Election Recommendation A. Find that approval of the Resolutions is exempt from California Environmental Quality Act ("CEQA") review, because it is an administrative activity that will not result in direct or indirect physical changes in the environment, and therefore does not constitute a "project" as defined by CEQA Guidelines section 15378; and B. Adopt a Resolution of the City Council of the City of Vernon, California, Calling and Giving Notice of an All-Mail Ballot General Municipal Election to be held on Tuesday, April 11, 2017 for the Election of a Certain Officer as required by the provisions of the Charter of the City of Vernon; and C. Adopt a Resolution of the City Council of the City of Vernon, California, Requesting the Board of Supervisors of the County of Los Angeles to Render Specified Services to the City Relating to the Conduct of the General Municipal Election to be Held on Tuesday, April 11, 2017. Backeround With regards to the first proposed resolution, in accordance with Article XV, Section 2.118 of the Vernon Municipal Code, the City of Vernon will conduct an all-mail ballot General Municipal Election ("election") on April 11, 2017, for the purpose of electing one member of the City Council for a full term of five (5) years. The City Council is required to adopt a resolution calling the election. Said resolution should also specify provisions in the event of a tie-vote. In the second proposed resolution the Office of the City Clerk is requesting the services of the Los Angeles County Election Department to prepare and furnish the City and/or Martin and Page 1 of 2 Chapman (the City's elections' consultant) various listings and computer records of the names and addresses of eligible registered voters in the City of Vernon, provide voter signature verification services, and to make available to the City additional election equipment and assistance according to state law for the conduct of the General Municipal Election. The request for assistance from the County must be made by City Council resolution. In addition, of note, the City of Vernon will be establishing an additional ballot drop-off location, only for the one (1) day of the actual General Municipal Election, in accordance with California Elections Codes 3017 and 3025; and will publish not later than twenty (20) days prior to the General Municipal Election the designated ballot drop-off locations. Fiscal Impact Sufficient funds have been budgeted; costs to conduct the election are estimated to be approximately $6,000 to $7,000. Attachment(s) Two (2) Draft Resolutions Page 2 of 2 RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, CALLING AND GIVING NOTICE OF AN ALL-MAIL BALLOT GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 11, 2017, FOR THE ELECTION OF A CERTAIN OFFICER AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF VERNON WHEREAS, in April 2017, the term of one Vernon City Council Member will expire; and WHEREAS, under the provisions of the Charter of the City of Vernon, a General Municipal Election shall be held on April 11, 2017, for the election of one Municipal Officer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS : SECTION 1 : Pursuant to the requirements of the Charter of the City of Vernon and the Code of the City of Vernon, there is called and ordered to be held in the City of Vernon, California, on Tuesday, April 11, 2017, a General Municipal Election conducted by all-mail ballot for the purpose of electing one (1) Member of the City Council for the full term of five (5) years . SECTION 2 : The ballots to be used at the election shall be in form and content as required by law. SECTION 3 : The City Clerk, or Deputy City Clerk, is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election by all mail ballot. SECTION 4 : Pursuant to the Code of the City of Vernon, and other applicable provisions of the Charter of the City of Vernon and Ordinances of the City of Vernon, said election shall be conducted by all-mail ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter and Ordinances of the City of Vernon. Mail ballots in this Election shall be timely cast if they are received by the office of the City Clerk in accordance with California Elections Code Section 4103, as amended by Senate Bill 29 . As fully set forth in California Elections Code Section 4103 , mail ballots shall be timely cast if they are received by the office of the City Clerk no later than three (3) calendar days after election day, and in accordance with Elections Code Section 4103 (b) . SECTION 5 : That in the event of a tie vote (if any two or more persons receive an equal and the highest number of votes for an office) as certified by the Election Official, the City Council, in accordance with Election Code § 15651 (b) , shall conduct a special runoff election to resolve the tie vote and such special runoff election is to be held on a Tuesday not less than 40 days nor more than 125 days after the administrative or judicial certification of the election which resulted in a tie vote . SECTION 6 : In all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 7 : Notice of the time and place of holding the election is given and the City Clerk, or Deputy City Clerk, is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION S : The City Clerk shall publish not later than - 2 - twenty (20) days prior to the General Municipal Election, a notice with the designated ballot drop-off locations and the election officers for the ballot drop-off locations . The notice shall be posted at the Vernon City Hall main entrance bulletin board, at the Office of the City Clerk, and at the designated ballot drop off locations; and shall remain so posted until the day following the election. SECTION 9 : The City Clerk, or Deputy City Clerk, is directed to forward without delay to the County Election Department a certified copy of this resolution at the following address : Mr. Dean C. Logan Registrar-Recorder/County Clerk Election Coordination Unit 12400 Imperial Highway, 2nd Floor, Room 2003 Norwalk, CA 90650 SECTION 10 : The City Council of the City of Vernon authorizes the City Clerk, or Deputy City Clerk, to administer said election and all reasonable and actual election expenses shall be paid by the City upon presentation of a properly submitted bill . - 3 - SECTION 11 : 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 19t day of November, 2016 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: a oussa, Senior Deputy City Attorney 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, November 1, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2016 at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 5 - RESOLUTION NO . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, APRIL 11, 2017 WHEREAS, on April 11, 2017, a General Municipal Election will be held in the City of Vernon (the "City" ) , California; and WHEREAS, in the course of conducting the election it is necessary for the City to request services of the County of Los Angeles (the "County" ) ; and WHEREAS, all necessary expenses in performing these services shall be paid by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1 : Pursuant to the provisions of Section 10002 of the Elections Code of the State of California, the Vernon City Council requests that the Los Angeles County Board of Supervisors permit the County Election Department to prepare and furnish the following for use in conducting its election: 1 . A listing of County precincts with the number of registered voters in each, so the City may consolidate election precincts into City voting precincts, and maps of the voting precincts; 2 . The computer record of the names and addresses of all eligible registered voters in the City in order that the City may. a. Produce labels for vote-by-mail voters; b. Print Rosters of Voters and Street Indexes; 3 . Voter signature verification services as needed; 4 . Make available to the City election equipment and assistance as needed according to state law. SECTION 2 : The City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill . SECTION 3 : The City Clerk, or Deputy City Clerk, is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution at the following addresses : a. Board of Supervisors, County of Los Angeles Attn: Ms. Lori Glasgow, Executive Officer Kenneth Hahn Hall of Administration 500 West Temple Street, Room 383 Los Angeles, CA 90012 b. Mr. Dean Logan Registrar-Recorder/County Clerk Election Coordination Unit 12400 Imperial Highway, 2nd Floor, Room 2003 Norwalk, CA 90650 - 2 - 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 1st day of November, 2016 . Name : Title: Mayor / Mayor Pro-Tem ATTEST: City Clerk / Deputy City Clerk APPROVED AS TO FORM: ayna M ussa, Senior Deputy 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, November 1, 2016, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of November, 2016 at Vernon, California. City Clerk / Deputy City Clerk (SEAL) - 4 RECEIVED RECEIVED O C T 2 7 2016 OCT 2 7 2016 CITY CLERKS OFFICE CITY ADMINISTRATION STAFF REPORT 0fr to -2-co- 1 et-z' PUBLIC WORKS, WATER & DEVELOPMENT SERVICES DEPARTMENT DATE: November 1,2016 TO: Honorable Mayor and City Council / FROM: Derek Wieske,Director of Public Works,Water and D elopment Services k Originator: Anthony Zarate,Administrative Secretary RE: Results of the Tenant Relocation Survey Related to the City's Housing Remodel Project and Possible Divestment of Two City-Owned Housing Units in Huntington Park Recommendations A. Find that the recommendations below are exempt under the California Environmental Quality Act("CEQA")because such are not a"project"as that term is defined in the CEQA Guidelines Section 15378(b)(2),because such actions constitute an administrative activity; and even if it were a project, it would still be exempt in accordance with Section 15061(b)(3),the general rule that CEQA only applies to projects that may have a significant effect on the environment; and B. Conduct a discussion regarding the results of the Tenant Relocation Survey; and C. Proceed with the Vernon Housing Commission's recommendation to sell the two remaining City-owned housing units located at 6010 Oak Street and 2915 E. 60t' Place in the City of Huntington Park; and D. Authorize staff to designate the proceeds from the sale of the two Huntington Park units solely for capital improvements and other projects related to the existing housing stock in the City of Vernon. Background At its regular meeting on October 4, 2016, the City Council directed staff to survey all 6 tenants in the non-remodeled units to ascertain those tenants' willingness to accept a possible offer to relocate to another City-owned housing unit in order to accommodate the ongoing Housing Page 1 of 3 Remodel Project. In October 2016, City staff conducted the Tenant Relocation Survey("Survey") and personally,hand-delivered the survey to the following housing units: • 3361 Fruitland Avenue • 3365 Fruitland Avenue • 4321 Furlong Place • 4324 Furlong Place • 4325 Furlong Place • 4328 Furlong Place The results of the Survey have been summarized in the attached Tenant Relocation Survey Results. The City received six out of the six surveys sent out to the addresses listed above. Based on the assessment of the Survey results, it has been determined that five of the six tenants in non- remodeled units are willing to relocate,either temporarily or permanently to another unit. Of those five tenants, three indicated a preference in permanently relocating to the remodeled housing unit located at 3353 Fruitland Avenue. Two tenants have an interest in temporarily moving to the 3353 Fruitland unit and one tenant is interested in a temporary relocation to the two-bedroom apartment located at 3376 E. 50'h Street. Two tenants are interested in relocating to a different City-owned unit in Vernon that may become available at a later time. One tenant has no interest in either a temporary or a permanent relocation to any unit. None of the tenants surveyed had any interest in relocating to either of the condominiums in the City of Huntington Park, whether temporarily or permanently. The Tenant Relocation Survey and the results of the Survey are included as Attachments 1 and 2, respectively. As the results of the Survey indicate, the majority of the tenants surveyed are interested in a permanent relocation. In order to occupy the unit at 3353 Fruitland Avenue, staff is proposing to ask the Vernon Housing Commission to conduct a lottery since there is more than one tenant interested in this unit. The lottery would be held at the next Housing Commission meeting scheduled for November 9, 2016. Additionally, at the October 4, 2016 City Council meeting, the Council was presented with a recommendation from the Vernon Housing Commission to sell the two remaining City-owned units located at 6010 Oak Street and 2915 E. 60`h Place in the City of Huntington Park. At that meeting, staff was directed to conduct a formal survey of all tenants in the non-remodeled units to ascertain if any tenants had an interest in relocating to the subject units in Huntington Park. The results have confirmed that none of the tenants surveyed are interested in moving to the Huntington Park units. Staff is now asking the City Council for authorization to proceed with the sale of the two City-owned housing units in the City of Huntington Park. If the City Council concurs, staff would retain a real estate agent to coordinate an appraisal to assess the current market value for the townhomes,similar to what occurred prior to the recent sale of the Stafford homes. It is proposed that once sold, revenues from the sale would be allocated for future remodeling and programmed for capital improvements on the existing City-owned housing stock. Page 2 of 3 Fiscal Impact Based on the cost for the full remodel of the unit located at 4323 Furlong Place, it would be anticipated that any subsequent remodels would be no more than $150,000. There are sufficient funds available in the Fiscal Year 2016-2017 Budget to complete two more remodeling projects. Additionally, upon the tenant's relocation to a remodeled unit, the remodeled, vacant unit would immediately begin generating revenue at the current rental rate and the non-remodeled,vacant unit would be next in line for the Housing Remodel Project. Any costs associated with a permanent relocation would include preparing any remodeled unit that becomes available for occupancy, which on average costs approximately $500 per unit and relocating costs ranging from $1,000 to $2,000 per move, dependent on the size of the housing unit. If the City Council supports the recommendation to proceed with the divestment of the two units in Huntington Park,the anticipated revenue would be approximately$400,000 to$600,000, minus any expenses associated with the sales transaction of the two units.As noted above,if City Council elects to sell the subject properties, staff will acquire the services of an independent real estate agent and appraiser, similar to the process used during the recent sale of the Stafford units implemented earlier this year. The City currently expends approximately $6,240 annually for the home owner's association dues, plus costs related to the routine repair and maintenance for both units. Additionally,if the housing units are sold,the City will no longer incur expenses associated with maintenance of the townhomes and home owner association fees. Attachment 1. Tenant Relocation Survey 2. Results of Tenant Relocation Survey Page 3 of 3 Tenant Relocation Survey Interested in Interested in Temporary Permanent Relocation? Relocation? I am willing to relocate to the currently vacant unit located at 3353 Fruitland Avenue(3 bedroom/ 1 bathroom house). ❑ I am willing to relocate to the currently vacant unit located at 6010 Oak, #B in the City of Huntington Park(2 bedroom/2.5 bathroom condominium). ❑ I am willing to relocate to the currently vacant unit located at 2915 E. 60t' Place #S in the City of Huntington Park(2 bedroom/2.5 bathroom condominium). I am willing to relocate to the currently vacant unit located at 3376 E. 50'' Street(2 bedroom/ 1 bathroom apartment). I would be interested in either a temporary or permanent relocation to a different City-owned unit in Vernon that may become available. I am not interested in either a temporary or permanent relocation to any unit. N/A N/A Subject Property Address Tenant Signature Tenant Signature Tenant Name(Please Print) Tenant Name(Please Print) Date Date Comments: Please return the completed form by email or in-person by Tuesda October 25 2016: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Attn: Anthony Zarate Email: azarate(a_)ci.vernon.ca.us Ex,clusively hufustrial ƒ ƒ \ ƒ & E O m 2 E _ § | | f } | I - = O O O ❑ ❑ � ❑ E o 2 ❑ o _ = O . � ❑ 2 O 2 ❑ n 6 ❑ O 9 2 o n � 6 - � � ❑ O n m n n , _ � ( O O O 2 ❑ ❑ { ! § ❑ O ❑ o O o _ 2 6 _ ƒ O = O ❑ ❑ ❑ = I E ) E O O