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Ordinance No. 11121 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. 1112, C AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING ARTICLE II OF CHAPTER 16 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, BY ADDING SECTION 16.20-1 TO SAID CODE REGARDING OVERNIGHT PARKING OF COMMERCIAL VEHICLES AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of lCalifornia; and WHEREAS, persons and businesses owning and operating commercial vehicles have been leaving said vehicles unattended and parked upon City streets overnight; and WHEREAS, the overnight parking and/or long term parking of said commercial vehicles on City streets prevent the free flow of traffic and is the source of crime, traffic hazards, environmental pollution and detrimentally affects the public welfare; and WHEREAS, the City Council adopted a General Plan for the City of Vernon by Resolution No. 5609 on April 18, 1989, as revised by Resolution Nos. 6109 and 7711 on June 16, 1992 and February 21, 2001, respectively; and WHEREAS, the prohibition of the overnight parking of commercial vehicles conforms to the General Plan by promoting the circulation of traffic through the City and expediting the delivery and shipping of goods and services; and WHEREAS, the proposed change to the Vernon City Code regarding overnight parking is'consistent with the goals and policies 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lof the General Plan; and WHEREAS, the Director of Community Services & Water has recommended that Section 16.20.1 of Article II of Chapter 16 of the Vernon City Code be added to prohibit the overnight parking of commercial vehicles upon or along any public street in the City of Vernon; and WHEREAS, the City Council finds and determines that it is in the interests of the public health, safety and welfare to implement the recommendations of the Director of Community Services and Water, as set forth in this Ordinance; and WHEREAS, the Community Services & Water Department has performed an Initial Study to determine the potential adverse impacts on the environment that may be caused by the proposed change to the Vernon City Code and has determined that the proposed change will not have a significant effect on the environment; and WHEREAS, the Community Services & Water Department has recommended that a Negative Declaration be adopted in compliance with the California Environmental Quality Act ("CEQA"); and WHEREAS, in accordance with Section 711.4(c) of the Fish and Game Code, no evidence has been found that the proposed change to the Vernon City Code will have the potential for adverse effects on wildlife resources, and this Ordinance is therefore exempt from the fees otherwise payable under Section 711.4; and WHEREAS, on December 7, 2005, the City Council held a duly noticed public hearing on the adoption of this Ordinance in accordance with Section 22507.5 of the Vehicle Code of the State of California; and - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, the City of Vernon has provided notice of its intent to adopt a negative declaration for the proposed overnight parking change and has provided a public review period of not less than 20 days, as required by CEQA; and WHEREAS, the City Council has heard and considered all evidence, both written and oral, presented in consideration of the proposed overnight parking change. THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon further finds that all persons have had an opportunity to be heard or to file written comments to the proposed overnight parking change and, after due consideration of all the evidence submitted at the public hearing, determines that there are compelling reasons to justify prohibiting the overnight parking of commercial vehicles upon or along any public street in the City of Vernon. SECTION 3: The City Council hereby finds on the basis of the whole record before it (including the Initial Study and any comments received) that there is no substantial evidence that the code change proposed by this ordinance will have a significant effect on the environment individually or cumulatively, and that the Negative Declaration reflects the City of Vernon's independent judgment and analysis, and on the basis of said findings the City Council hereby approves and adopts the Negative Declaration for the proposed change prohibiting the overnight parking of commercial vehicles upon or along any public street in the City of Vernon. - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: Pursuant to Section 711.4(c) of the Fish and Game Code, the City has found no evidence that the proposed amendment will have the potential for adverse effects on wildlife resources, and' the proposed overnight parking code amendment is therefore exempt from the fees otherwise payable under Section 711.4. SECTION 5: The City Council hereby approves the Initial Study and Environmental Checklist Form dated November 7, 2005, and City of Vernon Community Services Department Staff Report dated November 2005, a copy of which has been submitted to the City Council concurrently herewith, and the Acting City Clerk is directed to receive and file them. Such documents and other materials which constitute the record of proceedings in this matter shall be maintained in the office of the Acting City Clerk who is and shall be the custodian thereof. SECTION 6: The City Council of the City of Vernon hereby directs the Acting City Clerk, or his designee, to file a Notice of Determination and DeMinimis Impact Finding in regard to the environmental impact of prohibiting the overnight parking of commercial vehicles upon or along any ,public street in the City of (Vernon. SECTION 7: The City Council of the City of Vernon hereby amends Chapter 16, Article II, Motor Vehicles and Traffic: Parking Regulations of the Vernon City Code by adding Section 16.20-1 to said Code as set forth in Exhibit A which is attached hereto and incorporated by reference. Those sections or subparagraphs not expressly identified in Exhibit A shall remain unchanged. SECTION 8: There being no newspaper printed, published or circulated in the City of Vernon, the City Clerk is hereby directed to - 4 - 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 certify to the passage of this Ordinance and shall post the same, or cause the same to be posted, within fifteen (15) days after its passage in accordance with Section 36933 of the Government Code, in three (3) of the most public places in the City of Vernon, to wit: the northwest corner of 38th Street and Santa Fe Avenue, the northeast corner of (Leonis Boulevard and Pacific Boulevard, and on the bulletin board located outside on the wall near the second floor entrance to the City Hall of said City, located at 4305 Santa Fe Avenue, all in the City of Vernon, County of Los Angeles, State of California. SECTION 9: If any section, subsection, subdivision, paragraph, sentence, clause, phrase or word of this Ordinance or any part thereof is for any reason held to be void or unconstitutional or invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof; it being the intention of the City Council of the City of Vernon to have passed and adopted this Ordinance and each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that one or more of the sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases thereof may be declared to be unconstitutional or invalid or ineffective. SECTION 10: Any ordinance, part of an ordinance, or code section in conflict with this Ordinance is hereby repealed. - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 11: This Ordinance shall be in full force and effect thirty (30) days from and after its passage of the same. APPROVED AND ADOPTED this day of December, 2005. ATTEST: BRUCE V. MALKENHORST, JR. Acting City Clerk LEONIS C. MA BURG, Mayor - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, JR., Acting City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1112, was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held on Wednesday, December 7, 2005, and thereafter finally adopted at a regular meeting of the City Council held on Wednesday, December 21, 2005 and thereafter was duly signed by the Mayor of the City of Vernon, by the following vote: (SEAL) AYES: NOES: ABSTAINED: ABSENT: Councilmen: Mayor Malburg, Ybarra, Gonzales, Davis, McCormick Councilmen: None Councilmen: None Councilmen: None l BRUCE V. MALKENHORST, JR. Acting City Clerk - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" Chapter 16 ARTICLE H. MOTOR VEHICLES AND TRAFFIC: PARKING REGULATIONS Sec. 16.20.1. Prohibiting the parking of commercial vehicles overnight upon or along any public street in the City of Vernon. (a) No person shall stop, park or leave standing any commercial vehicle, whether attended or unattended, having a manufacturer's gross vehicle weight rating of six thousand (6,000) pounds or more on any city street between the hours of 2:00 A.M. and 4:00 A.M of any day except for vehicles which display a valid parking permit. For purposes of this section, a "commercial vehicle" means a vehicle of a type used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. No such restriction shall apply until signs or markings giving adequate notice thereof have been placed. (b) A peace officer or any regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations may issue a citation and/or may remove or cause to be removed any commercial vehicle in violation of this section. In removing and storing vehicles pursuant to this section, the peace officer or employee shall comply with California Vehicle Code Sections 22850 through 22854.5 as now or hereafter amended. Vehicles parked in violation of this section may be stored at the owner's expense and/or cited. A - 1 1 2 3 4 5 6 7 8 9' 10' 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (c) The provisions of this section shall not apply to any vehicle owned by a public utility while in use in the construction, installation or repair of the facilities of a public utility, nor shall this section apply to any emergency vehicle or the vehicle of any licensed physician or ordained minister when actually engaged in making professional calls. (d) The Chief of Police may issue a permit for overnight parking if he finds that special conditions exist that warrant parking during these hours. The Chief of Police shall keep and maintain an accurate record of all permits issued pursuant to the provisions of this section and shall have the authority to deny a permit if he finds that any person is misusing or abusing the privileges or exceptions granted pursuant to this section. (e) The city council may adopt, by resolution, exceptions to this section. The Chief of Police shall prepare a procedure for the issuance of overnight parking permit applications. Those procedures, and any revisions thereto, shall be effective upon approval of a resolution of the city council. (f) Violations of this section shall be in accordance with Vernon City Code Section 1.8. A - 2 CITY COUNCIL LEONIS C. MALBURG r SOL BENUDIZ Mayor Police Chief THOMAS A. YBARRA �j MARK C. WHITWORTH 1 Mayor Pro-Tem ✓ Acting Fire Chief WM. 'BILL" DAVIS ` I e LEWIS J. POZZEBON Councilman PIP,f J Director of Environmental Health H. "LARRY" GONZALES S. KEVIN WILSON y _ - ..zr Councilman h Director of Community Services W. MICHAEL McCORMICK 4305 Santa Fe Avenue, Vernon, California 90058 SHARON L. DUCKWORTH Councilman telephone (323) 583-8811 Acting City Treasurer February 13, 2006 Coded Systems Attn: Mary Beth Smith 120 Main Street Avon, New Jersey 07717 Dear Ms. Smith: Enclosed herewith is a copy of Ordinance No. 1112 to be incorporated into the Vernon Municipal Code. Prior to the final incorporation of this supplement, please FAX or mail us a draft copy for our review. Our fax number is 323/826-1438. We will notify you at our earliest convenience if we are in concurrence, or of any discrepancies. After final review, forward 66 sets of the supplement to my attention. If you have any questions, please call me at 323/583-8811 ext. 266. NG:dr c: Ordinance No. 1112 Coded Systems File Very truly yours, Ne y Gi on Deputy City Clerk TXcrugively jubuAteia[ CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: February 8, 2006 TO: Samuel Kevin Wilson, Director of Community Services & Water F44 Nelly Giron, Deputy City Clerk RE: Ordinance No. 1112 - An Ordinance of the City Council of the City of Vernon Amending Article II of Chapter 16 of the Code of the City of Vernon, California, 1959, by Adding Section 16.20-1 to Said Code Regarding Overnight Parking of Commercial Vehicles and Repealing All Ordinances or Parts of Ordinances in Conflict Therewith Transmitted herewith is a copy of Ordinance No. 1112, referenced above, which was approved by City Council on December 21, 2005 Thank you. NG:dr c:0rdinance No. 1112 AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES) CITY OF VERNON ) ss I, Manuela Giron, Deputy City Clerk, of the City of Vernon do hereby certify that on the 28th day of December 2005, I did post three (3) copies of: Ordinance No. 1112 - An Ordinance of the City Council of the City of Vernon Amending Article II of Chapter 16 of the Code of the City of Vernon, California, 1959, by Adding Section 16.20-1 to Said Code Regarding Overnight Parking of Commercial Vehicles and Repealing all Ordinances or Parts of Ordinances in Conflict Therewith. On each of the following places, to wit: on the bulletin board outside the main entrance to the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; at the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. � Date: la.%q O5- anuela G'r Deputy City Clerk State of California ) )ss County of Los Angels) On before me, personally appeared Manuela Giron personally known to me (or proven to me on the basis of satisfactory evidence) to be the person O whose name (;K) is/a-re subscribed to the instrument and acknowledged to me that h-e/she/tom executed the same in Yes/her/t�-r authorized capacity, and that by his/her/tom signature(g) on the instrument the person(e.), or the entity upon behalf of which the person(pQ acted, executed the instrument. WITNESS my hand and official seal CoOIeMW 0►141!1,2010 NOfty Roe - CnW Un AngMw Cow COalq►. E4*es Jun 2 CERTIFICATE STATE OF CALIFORNIA ) ) SS COUNTY OF LOS ANGELES) I, Manuela Giron, Deputy City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: ORDINANCE NO. 1112 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING ARTICLE II OF CHAPTER 16 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA, 1959, BY ADDING SECTION 16.20-1 TO SAID CODE REGARDING OVERNIGHT PARKING OF COMMERCIAL VEHICLES AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this _day of December 2005. SEAL: { Manuela Giron Deputy City Clerk Romero, Debbie From: Giron, Nelly Sent: Tuesday, December 27, 2005 7:58 AM To: Romero, Debbie Subject: Ordinance 1112 Debbie, at your convenience, lets give a copy of this ordinance to the Chief of Police. thanks. Nelly Giron City Clerk's Office cI 1 0 of 6 '�VELT iN9J ORD - 1111- COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM O: Bruce V. Malkenhorst, Jr., Acting City Clerk 441) FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: December 7, 2005 SUBJECT: Ordinance Prohibiting the Overnight Parking of Commercial Vehicles Upon or Along Any Public Street — Letters Responding to the Mailing The mailing of notices for this ordinance was sent to all property owners and business license holders as well as other interested parties. The City received the attached responses. The four responses that had an objection were sent a responding letter that is also attached. Please review and keep for your records SKW/sn Enclosure .. a CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 December 6, 2005 Mr. Geoff Davison, Operations Manager Rose and Shore, Rite -Way, RBR Meat Co. 5151 Alcoa Avenue Vernon, CA 90058 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer SUBJECT: Proposed Prohibition of Overnight Parking of Commercial Vehicles on Public Streets - City of Vernon Dear Mr. Davison: The City of Vernon will consider the proposed ordinance (enclosed) that prohibits the overnight parking of commercial vehicles on public streets. The staging of commercial vehicles and adequate on -site parking should be provided onsite by the private property owner and it would be the City's expectation that your business would provide a sufficient staging area onsite for your business needs. This may require you to slightly change how your business currently operates in allowing trucks to stage in employee parking areas when not in use. The Police Chief exception was intended to allow the parking of trucks in the street right of way for unusual events such as the unloading of equipment and not for ongoing needs. You are also welcome to attend and provide comments at the public hearing scheduled for December 12, 2005 at 5:00 PM in the Vernon City Council Chambers. If there is any additional information needed, please contact Sherwood Natsuhara of my staff at (323) 583 8811, Ext. 305. SKW/sn Enclosure Very a S4�16vi'K Wilson, P.E. Director of Community Services & Water I'VeYugilodg wubugwal Rose & Shore Rite -Way • RBR Meat Co 5151 ALCOA AVENUE, VERNON, CALIFORNIA 90058 Tel: 323-826-2144. Fax: 323-826-2142 November 23, 2005 Samuel Kevin Wilson P.E. Director of Community Services & Water City Of Vernon 4305 Santa Fe Avenue, Vernon, California 90058. SUBJECT: Prohibition of the Parking of Commercial Vehicles Overnight in the City of Vernon — Ordinance. Dear Mr. Wilson: In response to your notice to prohibit the parking of commercial vehicles overnight in the city of Vernon, we at Rose -Shore, Rite -Way and RBR Meat Co do not agree with this proposal. We are a large food and meat processor and our business depends on fresh products being delivered early every morning. We operate 24 hrs a day, 6 days a week. Since we dedicate all of our parking areas to our employees our raw material deliveries will sometimes need to be staged on the street until we can unload them, on site parking for semi's is limited. We demand our deliveries be made on a timely basis to prevent any costly down time waiting for products / raw materials to arrive. There are times especially between 12:00 am and 6:00 am when we might have at least 3 semi's waiting out on the street to get unloaded. The wait time may be anywhere from i hr up to 4 hrs. I did stop by your office to review this proposal on 11-22-05. and I understand the reasoning behind this proposal, unfortunately I feel our business will be hurt considerably by this ordinance. While in your office I spoke with "Woody", he showed me Exhibit "A" and pointed" out Item (d). referring to the Chief of Police and how he may issue a permit for overnight parking if he finds that special conditions exist. What assurances can you give me that this will be the case if this ordinance is implemented. In closing let me add that one of the reasons we moved our business from the city of LA into Vernon 5yrs ago was that we felt Vernon as an `Exclusively Industrial" city was a better place for our company to be located. We feel that the passage of this ordinance would impede our companies ability to continue to operate in the city of Vernon. Cal -----� . Geoff Davison Operations Manager SIR d &M.Azie w CAMon 6'Pl 900S8 32M26214 Cgrimim& 323-8262742 Y ��.. va.Yu rnn acaoaot4�a COMMUNITY SERVICES Q001 TX REPORT TRANSMISSION OK TX/RX NO CONNECTION TEL SUBADDRESS CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT CITY COUNCIL LEONE C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 2753 713238262142 12/06 09:43 00'23 1 OK 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 December 6, 2005 Mr. Geoff Davison, Operations Manager Rose and Shore, Rite -Way, RBR Meat Co. 5151 Alcoa Avenue Vernon, CA 90058 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer SUBJECT: Proposed Prohibition of Overnight Parking of Commercial Vehicles on Public Streets- City of Vernon Dear Mr. Davison: The City of Vernon will consider the proposed ordinance (enclosed) that prohibits the overnight parking of commercial vehicles on public streets. The staging of commercial vehicles and adequate on -site parking should be provided onsite by the private property owner and it would be the City's expectation that your business would provide a sufficient staging area onsite for your business needs. This may require you to slightly change how your business currently operates in allowing trucks to stage in employee parking areas when not in use. The Police Chief exception was intended to allow the parking of trucks in the street right of way for unusual events such as the unloading of equipment and not for ongoing needs. You are also welcome to attend and provide continents at the public hearing scheduled for December 12, 2005 at 5:00 PM CITY COUNCIL _ LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro -Tern WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 November 30, 2005 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer p q Mr. Richard A. Schoenfeld TAP Holdings, LLC 4330 E. 26th Street Los Angeles, CA 90023-4770 SUBJECT: Proposed Prohibition of Overnight Parking of Commercial Vehicles on Public Streets — City of Vernon Dear Mr. Schoenfeld: The City of Vernon will consider the proposed ordinance (enclosed) that prohibits the overnight parking of commercial vehicles on public streets. By limiting the prohibition to commercial vehicles over 6000 pounds of gross vehicle weight, the ordinance will not negatively impact the parking of small trucks and SUV's in the City of Vernon. In addition, employee vehicles are not commercial vehicles and are exempt from the proposed ordinance. If there is any additional information needed, please contact me at (323) 583 8811, Ext. 305. SKW/sn Enclosure Very y ours, jamuel Kevin Wilson, P.E. Director of Community Services & Water 'I'V¢rugiverm 111bugmal 0 EODCTSAUTO P Mr. S. Kevin Wilson Director of Community Services City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 TAP Holdililegs, LLC RICHARD A. SCHOENFELD NOV 14 PRESIDENT & CEO Community November 9, 2005 Re: Proposed Prohibition of Overnight Parking of Commercial Vehicles in the City of Vernon. Dear Kevin, As a business operator for many years here in Vernon, I strongly support the ban on overnight parking of commercial vehicles, with certain caveats to protect the businesses and employees who are employed at facilities which are open throughout the day and evening hours. My principal concern would be for employees and service providers who often park pickup trucks, SUV's and vans on the street outside their place of business during the work shift. If you amend your proposal to prohibit overnight parking of vehicles with a GVW in excess of 10,000 Ibs, you will eliminate the "gypsy" tractors and trailers that clog the Vernon thoroughfares, while allowing employees and others workers/service providers with small trucks and SUV's to conduct their off hours business within the city limits. Please consider this amendment to your proposed parking ordinance. Very truly yours, Richard A. Schoenfeld 4330 East 26th Street, Los Angeles CA, 90023-4770 (323) 268-4830 - (800) 858-3458 - Fax: (323) 264-2518 www.tomcoauto.com CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman J. F. Yoong 1981 Hilldale Drive La Canada, CA 91011 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 November 30, 2005 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWOR17H Acting City Treasurer SUBJECT: Proposed Prohibition of Overnight Parking of Commercial Vehicles on Public Streets — City of Vernon Dear Mr. Yoong: The City of Vernon will consider the prohibition of commercial vehicles on public streets in the City of Vernon according to the enclosed proposed ordinance. The intent of the ordinance is to eliminate the long term parking of commercial vehicles over 6000 pounds of gross vehicle weight with a short parking restriction of two hours. The ordinance is uniform across the City and applies to all businesses and does not discriminate against small businesses. Please consider the ordinance and if there is any additional information needed, please contact Sherwood Natsuhara of my staff at (323) 583-8811, Ext. 305. SKW/sn Enclosure Very trup y urs, a"eln, P.E. Director of Community Services & Water 74dugively Inbottial RECEIVELr NOV 1 r 2005 Communiffij Smims CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 November 30, 2005 Collins Investment Properties, Inc. 3600 Birch Street, Suite 100 Newport Beach, CA 92660 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer SUBJECT: Proposed Prohibition of Overnight Parking of Commercial Vehicles on Public Streets — City of Vernon Dear Mr. Collins: The City of Vernon will consider the prohibition of commercial vehicles on public streets in the City of Vernon according to the enclosed proposed ordinance. The illegal parking of large commercial vehicles on private property should be handled by posting of the property and the towing of the vehicles by the private property owner. In addition, the ordinance may have the effect of encouraging the establishment of truck terminals by private property owners. If there is any additional information needed, please contact Sherwood Natsuhara of my staff at (323) 583- 8811, Ext. 305. SKW/sn Enclosure Very blyly ours, z uel evi ilson, P.E. Director of Community Services & Water Ma 'Exclugively Inbugmal NOV 1 Collins Investment Properties, Inc. Consultancy on Matters of Real Estate Development w+ty� November 11, 2005 Kevin Wilson Director of Community Services City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Re: Prohibition of Overnight parking on City Streets Dear Kevin, We read with interest your notice of proposed adoption of an Ordinance. As the property managers of some 700,000 square feet of industrial building in the City, we have some concerns about the impact of such an ordinance. Removal of street truck parking overnight will only encourage illegal on site parking. As an example, our access driveway to the McDonald's truck parking lot at 37th St and Soto is already an enforcement problem. Truckers come in at all hours of the night and block the driveway. We have had to increase security coverage as City police only respond on a complaint basis. The new ordinance will only exacerbate the condition. Perhaps the City should create public truck parking lots to stage the many trucks which position at night for early AM deliveries. Other industrial cities in the Inland Empire have developed quality Truck Stops to deal with the growth in trucking logistics. We remain supportive of your proposed action provided these adverse impacts are monitored and private property encroachment is firmly enforced by the police. Very truly yours, Collins Investment Properties Inc. Timothy C. Collins EXHIBIT "A" Chapter 16 ARTICLE H. MOTOR VEHICLES AND TRAFFIC: PARKING REGULATIONS Sec.16.20.1 Prohibiting the parking of commercial vehicles overnight upon or along any public street in the City of Vernon. (a) No person shall stop, park or leave standing any commercial vehicle, whether attended or unattended, having a manufacturer's gross vehicle weight rating of six thousand (6,000) pounds or more on any city street between the hours of two AM and four AM of any day. For purposes of this section, a "commercial vehicle" means a vehicle of a type used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. (b) A peace officer or any regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations may issue a citation and/or may remove or cause to be removed any commercial vehicle in violation of this section. (c) The provisions of this section shall not apply to any vehicle owned by a public utility while in use in the construction, installation or repair of the facilities of a public utility, nor shall this section apply to any emergency vehicle or the vehicle of any licensed physician or ordained minister when actually engaged in making professional calls. (d) The Chief of Police may issue a permit for overnight parking if he finds that special conditions exist that warrant parking during these hours. The Chief of Police shall keep and maintain an accurate record of all permits issued pursuant to the provisions of this section and shall have the authority to deny a permit if he finds that any person is misusing or abusing the privileges or exceptions granted pursuant to this section. (e) The City Council of the City of Vernon may adopt, by resolution, exceptions to this section. _ (f) The City Council of the City of Vernon may adopt, by resolution, the fines for violations. 1 *1 1- W-1 DELIVERY SERVICE, INC. 4520 Maywood Avenue * Vernon, CA 90058-2679 * (323) 585-4440 * Fax (323) 585-4442 City of Vernon 11-8-05 Samuel Kevin Wilson, P.E. Director of Community Services & Water Re; Prohibition of the Parking of Commercial Vehicles Overnight in the City of Vernon - Ordinance Dear Sir We are a trucking company based in the City of Vernon for over 15 years And have seen'the overnight" street parking getting worse mostly over the past couple od years. We are basically for an Overnight Commercial Vehicle Parking Ordinance, but with some exclusions. The City of Vernon is an industrial city and should cater somewhat to the industry that keeps the product moving, and that's the trucking industry. We believe the Ordinance should be for unattended commercial vehicles only. That would allow over the road truckers to arrive in the evening and night hours to avoid adding to morning traffic from having to wait a truck stops out of town. We don't mean to pick on any one business but the big problem is the container haulers. They are parking their trucks anywhere they can and even sometimes working on them. (oil changing and so on) These trucks should have a registered home base and should be forced to use them. The wonderful Alameda Corridor, instead of lessoning traffic on the 710 fwy. It has increased traffic and parking problems (including crime) in The City of Vernon. A-1 Express Delivery Service is for an Overnight Unattended Commercial Vehigle ParOrdinance. ARGELUSSANITARY CAN MACHINE COMPANY 4900 PACIFIC BOULEVARD, LOS ANGELES, CALIFORNIA 90058-2214 (323) 583-2171 • FAX (323) 587-5607 • www.angelusmacfine.com IVEL Samuel Kevin Wilson, P.E. t.' 2005 Director of Community Services & Water NOV 1 City of Vernon 4305 Santa Fe Avenue COmmolServices Vernon, California 90058 November 14, 2005 Subject: Prohibition of the Parking of Commercial Vehicles Overnight in the City of Vernon - Ordinance Dear Mr. Wilson: I am writing this letter as a response to the notice of the upcoming Public Hearing concerning the prohibition of overnight parking of commercial vehicles. As a representative of Angelus Sanitary Can Machine Co., I have filed numerous complaints with the City of Vernon Police Department over the past 5 years due to "tractor/trailer rigs'' parked in front of our buildings. These vehicles have been parked for as long as a week, but typically between 24 and 48 hours at a time. We have had to deal with graffiti on our buildings due to the vehicles creating a visual barrier where individuals can hide when they spray paint our walls. The vehicles have damaged the trees along the street, sometimes tearing off complete branches, and leaving the mess on the sidewalks and street. The vehicles have been parked in front of our lobby entrance, making it difficult for customers to see the entrance and at times creating an unsafe environment, where individuals would be unseen from the street, making our building more susceptible to crime. Along with the problems of graffiti, damage and possible crime, I know it affects our neighbors, many of whom utilize the street for parking for both their employees and customers. These commercial vehicles become an "eye -sore", especially for us, where we invest so much to try to keep the property appealing and a good representative of what the City of Vernon is all about. My feeling is this, this prohibition is long overdue. These vehicles should not be allowed to park overnight and have created far too many problems for Companies like ours. We at Angelus would appreciate the passage of this ordinance. Thank you for your time. Sincerely, Brandon Brook Angelus Sanitary Can Machine Co. Superintendent of Operations Lvj>4') 41 nF All Size Foam & Fabrics �oV ; � 2�05 4702 East 5e St. Os Vernon, CA 90058 (323) 581-1222 1117105 To: Samuel Kevin Wilson My name is Roberto Zamora. I am the property/business owner of All Size Foam located at 4702 E. 50'h St. I am very glad to be informed that something is finally going to be done about the trucks that park in front of my business. I have spoken to a gentleman by the name of Woody at the city about the problems that these trucks have caused to myself, my employees, and my customers. On two occasions my employees have received parking tickets for parking close to the red zones because these huge trucks take up most of the available space. My own vehicle was hit by one of these trucks when it was backing up to pull away. Currently, my employees have to park about two blocks away just to walk to work. This is a big problem for my female employees since it is dark at 5:00 p.m. when they leave work. Furthermore, The owners of these trucks work on them on the street as if the street was a mechanic shop. Not only do these people leave their trucks on our street, they also leave there everyday vehicles when they leave in the big -rigs. I really hope that something can be done about this on -going problem quickly. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 November 10, 2005 Keystone Asset Management 5731 W. Slauson Avenue, Suite 222 Culver City, CA 90230-6509 SOL BENUDIZ Police Chief MARKC. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer SUBJECT: Proposed Ordinance to Prohibit Overnight Parking of Commercial Vehicles on City Streets in the City of Vernon Dear Mr. Goldstein: The letter sent to you described in the body of the letter that this restriction will apply only to vehicles parked on streets in the City of Vernon. The description should have been in the title. I have enclosed a copy of the draft ordinance which also explains that the restriction of the parking is for the 2 AM to 4 AM time period. If you require additional information, please contact me at (323) 583-8811, Ext. 305. SN Enclosure Very truly yours, .� She och'� suhara, P.E. Dep ty,Dfrector of Community Services & Water TXelugivelp 146VAM EXHIBIT "A" Chapter 16 ARTICLE H. MOTOR VEHICLES AND TRAFFIC: PARSING REGULATIONS See.16.20.1 Prohibiting the parking of commercial vehicles overnight upon or along any public street in the City of Vernon. (a) No person shall stop, park or leave standing any commercial vehicle, whether attended or unattended, having a manufacturer's gross vehicle weight rating of six thousand (6,000) pounds or more on any city street between the hours of two AM and four AM of any day. ' For purposes of this section, a "commercial vehicle" means a vehicle of a type used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of properly. (b) A peace officer or any regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations shall remove or cause to be removed any commercial vehicle in violation of this section. (c) The provisions of this section shall not apply to any vehicle owned by a public utility -while- in use in the construction, installation or repair of the facilities of a public utility,, nor shall this section apply to any emergency vehicle or the vehicle of any licensed physician or ordained minister when actually engaged in making. professional calls. (d) The Chief of Police may issue a permit for overnight parking if he finds that special conditions exist that warrant parking during these hours. The Chief of Police shall keep and maintain an accurate record of all permits issued pursuant to the provisions of this section and shall have the authority to deny a permit if he finds that any person is misusing or abusing the privileges or exceptions granted pursuant to this section. (e) The City Council of the City of Vernon may adopt, by resolution, exceptions to this section. (f j The City Council of the City of Vernon may adopt, by resolution, the fines for violations. Keystone Asset ManagementIk Suite 222 _ 5731 West Slauson Avenue Culver City, CA 90230-6509 Telephone: (310) 642-7724 FAX: (310) 642-7723 November 7, 2005 Samuel Kevin Wilson, P.E. Director of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 NOV 2005 Re: Proposed ordinance prohibiting the overnight parking of commercial vehicles in the City of Vernon Dear Mr. Wilson: We manage an industrial building located at 4420 District Blvd. and have two comments about the proposed ordinance: 1. It would not be logical that commercial vehicles could not park on private property in the City of Vernon. 2. Don't you mean that commercial vehicles would be prohibited from parking on city streets overnight? We would appreciate it if you would clarify if the City's intent is to prohibit commercial vehicles from parking anywhere in the City of Vernon overnight or just on public property (its)? Thank you for your attention to this matter. Sincerely, _ Laurence S. Goldstein Executive Vice President CITY COUNCIL DEC " LEONIS C. MALBURG Mayor o lvot THOMAS A. YBARRA Mayor Pro-Tem `/... WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 November 7, 2005 v� SOL BENUDIZ Police Chief MARK C. WHTTWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer SUBJECT: Prohibition of the Parking of Commercial Vehicles Overnight in the City of Vernon - Ordinance Dear Property Owner/Business Owner: The City of Vernon is considering the prohibition of the parking of commercial vehicles overnight in the City of Vernon. The City of Vernon Police Department and Community Services Department have received complaints from business owners and tenants throughout the City about commercial vehicles left overnight and longer on City streets. The commercial vehicles parked in this manner create many problems for the business community and the City of Vernon. The Notice of Public Hearing, Notice of Intent, and Proposed Negative Declaration are enclosed for your review. A copy of the supporting evidence is available for public review at my office between the hours of 7:15 AM and 5:15 PM, Monday through Thursday. If you have comments about this ordinance please send to me in writing prior to the meeting. You are welcome to attend the City Council meeting on December 7, 2005. This notice is intended for interested parties or property owners within the City of Vernon. If you are no longer a property owner/tenant in the City of Vernon, please forward this notice to the new property owner/tenant. SKW/sn Enclosure` �!�2e2r Very Sarfiuel Kevin Wils%n, P.E. Director of Community Services & Water 74CIUAWC10 ItIhOw ��/ r 6 5?= 3P/// CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 November 30, 2005 Ho orable Mayor and City Council ty of Vernon Y4305 Santa Fe Avenue Vernon, CA 90058 Dear Mayor and City Councilmen: SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer C-14 The City of Vernon intends to adopt an ordinance amending Chapter 16, Article II, Section 16.20 of the City of Vernon Municipal Code to prohibit the overnight parking of commercial vehicles upon or along any public street in the City of Vernon. As part of the project, the City Council must adopt a Negative Declaration for the project. An initial study was prepared in accordance with California Environmental Quality Act (CEQA) and a Notice of Intent to adopt the Negative Declaration was circulated. The Notice of Public Hearing was mailed and posted regarding the City's intent to enact this ordinance and adopt a Negative Declaration. The City Attorney has reviewed the draft ordinance and has approved it as to form. Herewith for your consideration are the following additional supporting documents: 1. Notice of Public Hearing, Notice of Intent and Affidavits of Posting and Mailing including copies of notification letters to owners and tenants in the area and other interested parties. 2. Environmental Checklist Form and Initial Study. 3. Proposed Negative Declaration. 4. Staff Report. The project is consistent with the City of Vernon General Plan as adopted by the City of Vernon. It is recommended that the City Council determine: Txclugludy w4botrial It is recommended that the City Council determine: 1. That the ordinance is consistent with the General Plan as adopted by the City of Vernon. 2. That the ordinance will not have a significant effect on the environment. 3. That the ordinance will not individually or cumulatively have an adverse effect on wildlife resources. It is further recommended that the proposed ordinance be approved and, if approved, that a resolution be approved setting the fines for the citations issued for violation of this ordinance. The Police Department also recommends the increase of bail amounts for other parking violations and it is recommended the resolution include these increases. The recommended listing of the fines is enclosed for the consideration of the City Council. Finally, it is also recommended that a Negative Declaration be adopted and that a Notice of Determination and a DeMinimus Finding be filed with the County Clerk. Respectffully, submi ed, 1 Kevin Wilson, P.E. Director of Community Services & Water SKW:sn Attachments cc: Eric Fresch, City Attorney NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ADOPTION OF AN ORDINANCE TO PROHIBIT THE OVERNIGHT PARKING OF COMMERCIAL VEHICLES IN THE CITY OF VERNON The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chambers 4305 Santa Fe Avenue Vernon, CA 90058 DATE & Wednesday, December 7, 2005 at 5:00 p.m. TIME: (or as soon thereafter as the matter can be heard) PURPOSE: To consider: (1) The City of Vernon intends to adopt an ordinance to prohibit the overnight parking of commercial vehicles in the City of Vernon; and (2) the adoption of a Negative Declaration in accordance with the California Environmental Quality Act determining that the proposed ordinance will not have a significant effect on the environment. A copy of the proposed ordinance and proposed negative declaration will be available for public review during normal business hours in the Vernon Community Services & Water Department, located at 4305 Santa Fe Avenue, Vernon, California, from November 3, 2005 to December 7, 2005. The public is also invited to submit written comments prior to the hearing. You may submit written comments on the proposed negative declaration until 5:00 p.m. on December 7, 2005. Comments received after that date may not receive full consideration. If you challenge the adoption of the proposed street vacation, and the adoption of the Negative Declaration you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. The hearing may be continued or adjourned to a stated time and place without further notice of a public hearing. Dated: November 3,2005 i BRUCE V. MALKENHORST, Jr. Acting City Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF VERNON ) I, Sergio Canales, Engineering Aide of the City of Vernon, do hereby certify that I did, on the 10th day of November, 2005, post three (3) copies of. NOTICE OF PUBLIC HEARING, to be held on December 7, 2005, (see attached copy) regarding the City of Vernon's intention to adopt an ordinance amending Chapter 16, Article H, Section 16.20 of the City of Vernon Municipal Code to prohibit the overnight parking of commercial vehicles upon or along any public street in the City of Vernon; and the recommendation from the Vernon Director of Community Services & Water to adopt a Negative Declaration in accordance with the California Environmental Quality Act because the proposed ordinance will not have a significant effect on the environment. One in each of the following places to wit: At the northwest corner of 38th Street and Santa Fe Avenue; the northeast corner of Leonis Boulevard and Pacific Boulevard; and on the bulletin board in the lobby of the City Hall of the City of Vernon, located at 4305 Santa Fe Avenue, all in said City, there being no newspaper of general circulation printed and published in the City of Vernon. Date: Engineering Aide State of California ) ) ss. County of Los Angeles ) On XZjV_eiiX-&104 �D� before me, P4 Zftee A 61tr" , Notary Public, personally appeared Sergio Canales, personally known to me (or- k.,,,..... We me on tL,o Canis of satin f ,.+ery eyide„ee) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Who L4PitM # 1e1i3@e"• C� rrda MV20 City of Vernon NOTICE OF INTENT 4305 Santa Fe Avenue Vernon, California 90058 (323) 583-88? 1 The City of Vernon intends to adopt an ordinance prohibiting the overnight parking of commercial vehicles in the City of Vernon. Please take notice that a recommendation from the Director of Community Services will be made to the City Council of the City of Vernon during the regular meeting on December 7, 2005 to adopt a Negative Declaration in accordance with the California Environmental Quality Act. A copy of the supporting evidence is available for public review at my office between the hours of 7:15 a.m. and 5:15 p.m. Monday through Thursday. You must submit written comments on these documents, which will be received by me at the address shown on the letterhead by December 7, 2005. Comments received after this date may not be given full consideration. If you challenge the Negative Declaration, or any provisions thereof in court, you may be limited to raising only those issues you or someone else raised at the meeting described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Very truly yours, uel Kevin Wilson, P.E. Director of Community Services & Water SKW/sn AFFIDAVIT OF MAILING I, Claudia Arellano, declare as follows: That I am employed in the Community Services & Water Department in the position of Department Secretary. 2. That on November 7, 2005 I mailed a copy of a Notice of Intent, Notice of Public Hearing and California Environmental Quality Act Proposed Negative Declaration to be held on December 7, 2005, regarding an adoption of a proposed ordinance to prohibit the overnight parking of commercial vehicles in the City of Vernon; and the recommendation from the Vernon Director of Community Services & Water to adopt a Negative Declaration in accordance with the California Environmental Quality Act determining that the proposed ordinance will not have a significant effect on the environment to the owners, tenants and the interested parties on the attached lists, by United States Mail with postage prepaid. r, --7 Sign: Date: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON 1 On ASV (! %6D ; before me 1 &w&4( /%7"14 , Notary Public, personally appeared Claudia Arellano, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal 1 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro--Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305. Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 November 7, 2005 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer SUBJECT: Prohibition of the Parking of Commercial Vehicles Overnight in the City of Vernon - Ordinance Dear Property Owner/Business Owner: The City of Vernon is considering the prohibition of the parking of commercial vehicles overnight in the City of Vernon. The City of Vernon Police Department and Community Services Department have received complaints from business owners and tenants throughout the City about commercial vehicles left overnight and longer on City streets. The commercial vehicles parked in this manner create many problems for the business community and the City of Vernon. The Notice of Public Hearing, Notice of Intent, and Proposed Negative Declaration are enclosed for your review. A copy of the supporting evidence is available for public review at my office between the hours of 7:15 AM and 5:15 PM, Monday through Thursday. If you have comments about this ordinance please send to me in writing prior to the meeting. You are welcome to attend the City Council meeting on December 7, 2005. This notice is intended for interested parties or property owners within the City of Vernon. If you are no longer a property owner/tenant in the City of Vernon, please forward this notice to the new property owner/tenant. SKW/sn Enclosure Very Sariiuel Kevin Wilh6n, P.E. Director of Community Services & Water J 'ExchoiveC4 Inbugmal A AFFIDAVIT OF MAILING I, Claudia Arellano, declare as follows: I. That I am employed in the Community Services & Water Department in the position of Department Secretary. 2. That on November 7, 2005 I mailed a copy of a Notice of Intent, Notice of Public Hearing and California Environmental Quality Act Proposed Negative Declaration to be held on December 7, 2005, regarding an adoption of a proposed ordinance to prohibit the overnight parking of commercial vehicles in the City of Vernon; and the recommendation from the Vernon Director of Community Services & Water to adopt a Negative Declaration in accordance with the California Environmental Quality Act determining that the proposed ordinance will not have a significant effect on the environment to the interested parties on the attached list, by United States Mail with postage prepaid. c---, Date:G-i�rs STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) On _ Ald t/MC&A/ !!2 4 2 D S before me M&tj 4 �//� , Notary Public, personally appeared Claudia Arellano, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal off, CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman .1'J — . _ 4305 Santa Fe Avenue, Vernon, California 90058 - telephone (323) 583-8811 November 7, 2005 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer SUBJECT: Prohibition of the Parking of Commercial Vehicles Overnight in the City of Vernon - Ordinance Dear Interested Parry: The City of Vernon is considering the prohibition of the parking of commercial vehicles overnight in the City of Vernon. The City of Vernon Police Department and Community Services Department have received complaints from business owners and tenants throughout the City about commercial vehicles left overnight and longer on City streets. The commercial vehicles parked in this manner create many problems for the business community and the City of Vernon. The Notice of Public Hearing, Notice of Intent, and Proposed Negative Declaration are enclosed for your review. A copy of the supporting evidence is available for public review at my office between the hours of 7:15 AM and 5:15 PM, Monday through Thursday. If you have comments about this ordinance please send to me in writing prior to the meeting. You are welcome to attend the City Council meeting on December 7, 2005. This notice is intended for interested parties or property owners within the City of Vernon. If you are no longer a property owner/tenant in the City of Vernon, please forward this notice to the new property owner/tenant. SKW/sn Enclosure Qui G rr el Kevin ilson, P.E. Director of Community Services & Water UduAvely Inbugmal 2 AFFIDAVIT OF MAILING I, Claudia Arellano, declare as follows: That I am employed in the Community Services & Water Department in the position of Department Secretary. 2. That on November 7, 2005 I mailed a copy of a Notice of Intent, Notice of Public Hearing, California Environmental Quality Act Proposed Negative Declaration, and Initial Study to be held on December 7, 2005, regarding an adoption of a proposed ordinance to prohibit the overnight parking of commercial vehicles in the City of Vernon; and the recommendation from the Vernon Director of Community Services & Water to adopt a Negative Declaration in accordance with the California Environmental Quality Act determining that the proposed ordinance will not have a significant effect on the environment to the interested parties on the attached list, by United States Mail with postage prepaid. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF VERNON ) On &MWI&�� ` before me k&G�% 61 Notary Public, personally appeared Claudia Arellano, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal , —Y COUNCIL &NIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 November 7, 2005 SOL BENUDIZ Police Chief MARK C. WHTTWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer SUBJECT: Prohibition of the Parking of Commercial Vehicles Overnight in the City of Vernon - Ordinance Dear Interested Party: The City of Vernon is considering the prohibition of the parking of commercial vehicles overnight in the City of Vernon. The City of Vernon Police Department and Community Services Department have received complaints from business owners and tenants throughout the City about commercial vehicles left overnight and longer on City streets. The commercial vehicles parked in this manner create many problems for the business community and the City of Vernon. The Notice of Public fIearing, Notice of Intent, Proposed Negative Declaration and Initial Study are enclosed for your review. A copy of the supporting evidence is available for public review at my office between the hours of 7:15 AM and 5:15 PM, Monday through Thursday. If you have comments about this ordinance please send to me in writing prior to the meeting. You are welcome to attend the City Council meeting on December 7, 2005. This notice is intended for interested parties or property owners within the City of Vernon. If you are no longer a property owner/tenant in the City of Vernon, please forward this notice to the new property owner/tenant. SKW/sn Enclosure P.E. i)lrector of uommumty Services & Water TxeluAvelo labotdal CITY OF VERNON INITIAL STUDY 1. Project Title: Prohibition of Overnight Parking of Commercial Vehicles Upon or Along Any Public Street in the City of Vernon 2. Lead Agency Name and Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 3. Contact Person and Phone Number: Samuel Kevin Wilson (323) 583-8811, Ext. 245 4. Project Location: City of Vernon 5. Project Sponsor's Name and Address: City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 6. General Plan Designation: All Zones affected M-Zone, M2-Zone, and CM -Zone 7• Zoning: All Zones affected M-Zone, M2-Zone, and CM -Zone 8. Description of Project: The City of Vernon has proposed an ordinance prohibiting the overnight parking of commercial vehicles upon or along any public street in the City of Vernon. 9. Other agencies whose approval is required (and permits needed): None. -1- Environmental Factors Potentially Affected: The environmental factors checked below could be potentially affected by this point, involving at least one impact that is a "Potentially Significant Impact" or "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. Land Use and Planning X Transportation/Circulation X Public Services ❑ Population and Housing ❑ Biological Resources ❑ Utilities and Service Sys. ❑ Geophysical 0 Energy and Mineral Resources X Aesthetics ❑ Water ❑ Hazards ❑ Cultural Resources ❑ Air Quality ❑ Noise 0 Recreation ❑ Mandatory Findings of Significance Determination. On the basis of this initial evaluation: I find that the proposed ordinance COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. X I find that although the proposed ordinance could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the proposed ordinance. A NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed ordinance MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed ordinance MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ Signature Samuel Kevin Wilson Printed Name Date City of Vernon For -2- ENVIRONMENTAL CHECKLIST FORM Potentially Potentially Significant Less Than Significant Unless Significant No Impact Mitigated Impact Impact I. LAND USE AND PLANNING. Would the proposal: a) Conflict with general plan designation or zoning? ❑ ❑ ❑ X b) Conflict with applicable environmental plans or policies adopted by agencies with jurisdiction over the project? ❑ ❑ ❑ X a and b. This ordinance will encompass the entire City of Vernon and will not conflict with any environmental plans or policies. c) Affect agricultural resources or operations (e.g. impacts to soils or farmlands, or impacts from incompatible land uses)? ❑ ❑ ❑ X c. The City of Vernon is an industrial city with no agricultural land use within its boundaries. Therefore, the proposed ordinance, will not affect agricultural resources or operations. d) Disrupt or divide the physical arrangement of an established community (including a low income or minority community)? ❑ ❑ 0 X d. The proposed ordinance will affect all parties and it is anticipated that the proposed ordinance will improve the environment of the community. II. POPULATION AND HOUSING. Would the proposal: a) Cumulatively exceed official regional or local population projections? 0 ❑ ❑ X b) Induce substantial growth in an area either directly or indirectly (e.g. through projects in an undeveloped area or extension of major infrastructure)? 0 ❑ 0 X -3- a and b. The population of the City of Vernon is approximately 90, with up to 60,000 people working in the City. The City of Vernon consists of highly industrialized and developed areas. It is anticipated that the ordinance will not impact population or housing. c) Displace existing housing, especially affordable housing? ❑ ❑ ❑ X c. The proposed ordinance will not create any new development. Thus, the proposed ordinance will not displace housing. III. TRANSPORTATION/CIRCULATION. Would the proposal result in: a) Increased vehicle trips or traffic congestion? ❑ ❑ X a. The proposed ordinance will potentially improve traffic throughout the City by eliminating parking for long periods of time and promoting parking specifically for the businesses at that location. b) Hazards to safety from design features (e.g. sharp curves or dangerous intersections) or incompatible uses (e.g. farm equipment)? ❑ ❑ ❑ X b. No safety hazard resulting from incompatible uses are expected. c) Inadequate emergency access or access to nearby uses? ❑ ❑ ❑ X c. The proposed ordinance will improve emergency access or access to nearby uses by eliminating long term parking of commercial vehicles. d) Results in inadequate parking capacity? ❑ ❑ X e) Hazards or barriers for pedestrians or bicyclists? 0 ❑ ❑ X f) Conflicts with adopted policies supporting alternative transportation (e.g. bus turnouts, bicycle racks)? ❑ ❑ ❑ X g) Rail, waterborne or air traffic impacts? ❑ ❑ ❑ X d through g. The proposed ordinance impacts the parking of commercial vehicles on City streets and should improve circulation, traffic safety and street maintenance. Sufficient off street parking facilities are available or new staging areas can be constructed to meet the -4- demand. The cities adjoining Vernon have similar parking prohibitions. IV. NOISE. Would the proposal result in: a) Increases in existing noise levels? ❑ ❑ ❑ X b) Exposure of people to severe noise levels? ❑ ❑ ❑ X a and b. The proposed ordinance will not have a direct affect on the level of noise throughout the City. Therefore, it is not expected to cause any significant noise impacts to neighboring businesses. V. PUBLIC SERVICES. Would the proposal have an effect upon, or result in a need for new or altered government services in any of the following areas: a) Fire protection? ❑ ❑ ❑ X b) Police protection? ❑ ❑ ❑ X c) Schools? ❑ ❑ 0 X a through c. The proposed ordinance will not pose a need for new or altered fire, police or school services within the City of Vernon but will permit the efficient maintenance of the streets in the City. VI. AESTHETICS. Would the proposal: a) Affect a scenic vista or scenic highway? ❑ ❑ ❑ X b) Have a demonstrable negative aesthetic effect? ❑ ❑ ❑ X a and b. The proposed ordinance will promote the aesthetics in the City because of more effective maintenance and cleaning of the streets by the Community Services Department. VII. GEOPHYSICAL. Would the proposal result in or expose people to potential impacts involving: a) Seismicity: fault rupture? ❑ b) Seismicity: ground shaking or liquefaction? ❑ c) Seismicity: seiche or tsunami? ❑ d) Landslides or mudslides? ❑ e) Erosion, changes in topography or unstable soil conditions from excavation, grading or fill? ❑ f) Subsidence of the land? ❑ g) Expansive soils? ❑ h) Unique geologic or physical features? 0 -5- ❑ 0 X ❑ ❑ X ❑ ❑ X ❑ ❑ X ❑ ❑ X ❑ ❑ X ❑ ❑ X ❑ ❑ X a through h. The proposed ordinance has no impact on the geophysical nature of the City. The topography of the City of Vernon is relatively level. Although there are no known earthquake faults in the City, Vernon is in a seismically active region and several faults in the area are likely to cause moderate ground shaking in Vernon. There will not be any significant changes to the geologic substructure or topography. VIII. WATER. Would the proposal result in: a) Changes in absorption rates, drainage patterns, or the rate and amount of surface runoff. ❑ ❑ ❑ X b) Exposure of people or property to water related hazards such as flooding? p ❑ ❑ X c) Discharge into surface waters or other alteration of surface water quality (e.g. temperature, dissolved oxygen or turbidity)? ❑ ❑ ❑ X d) Changes in the amount of surface water in any water body? ❑ ❑ ❑ X e) Changes in currents, or the course or direction of water movements? ❑ ❑ ❑ X f) Change in the quantity of ground waters, either through direct additions or withdrawals, or through interception of an aquifer by cuts or excavations? ❑ ❑ ❑ X g) Altered direction or rate of flow of groundwater? 0 ❑ ❑ X h) Impacts to groundwater quality? ❑ ❑ ❑ X a through h. The proposed ordinance will have no impact on the hydrology, water quality or water consumed in the City. IX. AIR QUALITY: Would the proposal: a) Violate any air quality standard or contribute to an existing or projected air quality violation? ❑ 0 ❑ X b) Expose sensitive receptors to pollutants? ❑ ❑ ❑ X c) Alter air movement, moisture, or temperature, or cause any change in climate? ❑ ❑ ❑ X -6- d) Create objectionable odors? ❑ ❑ ❑ X .a through d. The proposed ordinance will have no impact on air quality. The City of Vernon is located within the South Coast Air Basin of California. The basin covers a 6,600- square mile area within Orange County, non -desert portions of Los Angeles County, Riverside County, and San Bernardino County. Air quality in the basin is monitored by the South Coast Air Quality Management District ("AQMD") at 35 monitoring stations throughout the area. The monitoring station nearest to the City of Vernon is the Pico Rivera station. Readings at the station are used to characterize air quality in the City of Vernon. X. BIOLOGICAL RESOURCES: Would the proposal result in impacts to: a) Endangered, threatened or rare species or their habitats (including but not limited to plants, fish, insects, animals, and bids)? ❑ ❑ ❑ X b) Locally designated species (e.g. heritage trees)? ❑ ❑ ❑ X c) Locally designated natural communities (e.g. oak forest, (e.g. oak forest, coastal habitat, etc.)? ❑ ❑ ❑ X d) Wetland habitat (e.g. marsh, riparian and vernal pool)? ❑ ❑ ❑ X e) Wildlife dispersal or migration corridors? ❑ ❑ ❑ X a through e. Vernon is in a highly developed industrial area. The proposed ordinance will not affect such resources. XI. ENERGY AND MINERAL RESOURCES: Would the proposal. a) Conflict with adopted energy conservation plans? ❑ ❑ ❑ X a. The proposed ordinance will have no impact on energy conservation plans. b) Use non-renewable resources in a wasteful and inefficient manner? ❑ ❑ ❑ X b. The proposed ordinance will have no impact on energy consumed or mineral resources. XII. HAZARDS. Would the proposal involve: a) A risk of accidental explosion or release of hazardous substances (including, but not limited to -7- oil, Pesticides, chemicals or radiation)? ❑ ❑ ❑ X b) Possible interference with an emergency response plan or emergency evacuation plan? ❑ ❑ ❑ X c) The creation of any health hazard or potential health hazard? ❑ ❑ ❑ X d) Exposure of people to existing sources of potential health hazards? ❑ ❑ ❑ X e) Increased fire hazard in areas with flammable brush, grass, or tees? ❑ ❑ ❑ X a through e. The proposed ordinance will not result in any additional hazards. The local Certified Unified Program Agency (CUPA) regulates use and storage of hazardous materials at any facility within the City of Vernon, which is the City of Vernon Environmental Health Department. All facilities within the City are regularly inspected by the Vernon Fire and Environmental Health Departments for code violations. The inspections are made to reduce the potential for urban fires and chemical releases. The Vernon Fire Department has a fully manned hazardous materials unit. All personnel are trained in hazardous material response. Therefore, this impact will be less than significant. XIII. UTILITIES AND SERVICE SYSTEMS. Would the proposal result in a need for new systems, or substantial alterations to the following utilities: a) Power or natural gas ❑ ❑ ❑ X b) Communications systems? ❑ ❑ ❑ X c) Local or regional water treatment or distribution facilities? ❑ ❑ ❑ X d) Sewer or septic tanks? ❑ ❑ ❑ X e) Storm water drainage? ❑ ❑ ❑ X f) Solid waste disposal? ❑ ❑ ❑ X a through f. The proposed ordinance will not substantially alter the need for utility services. XIV. RECREATION. Would the proposal: a) Increase the demand for neighborhood or regional parks or other recreational facilities? b) Affect existing recreational opportunities? -8- ❑ ❑ ❑ X ❑ ❑ ❑ X a and b. The proposed ordinance will not result in an increase in residential population in Vernon. No impact on the demand for recreation opportunities is anticipated. XV. CULTURAL RESOURCES. Would the proposal: a) Disturb paleontological resources? 0 ❑ ❑ X b) Disturb archaeological resources? 0 ❑ ❑ X c) Affect historical resources? ❑ ❑ ❑ X d) Have the potential to cause a physical change which would affect unique ethnic cultural values? ❑ ❑ ❑ X e) Restrict existing religious or sacred uses within the potential impact area? ❑ ❑ ❑ X a through e. Vernon is highly industrialized; no known unique historic, archeological, paleontological ethnic cultural resources, or religious or sacred uses exist in the project area. Therefore, no impact is expected. XVI. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ❑ ❑ ❑ X a. The City of Vernon is primarily made up of industrial and distribution type facilities with limited plant life. Plant life is limited to non-native and ornamental species, which are used for landscaping. Animal life in Vernon and nearby urban communities consists of bird, reptile and mammal species that live in close proximity to man. There are no endangered species in Vernon. There is no evidence or important examples of major periods of California history in Vernon. Therefore, the proposed ordinance will create no impact. b) Does the project have the potential to achieve short-term, to the disadvantage of long-term, environmental goals? ❑ ❑ ❑ b. There will not be an impact on long-term environmental goals. c) Does the project have impacts that are individually limited, but cumulatively considerable? -9- X ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects) ❑ ❑ X ❑ c. The proposed ordinance will not cause a cumulative impact to air quality, traffic, noise, groundwater, surface water, or exposure to hazardous materials, and will not create any impact to sensitive receptors. Therefore, the cumulative impact will be less than significant. d) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? ❑ ❑ X ❑ d. The proposed ordinance will minimize the use of public street parking and proposes to improve the safety and welfare of the community. Therefore it is anticipated that the proposed ordinance will improve the environment of the community. -lo- CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL McCORMICK Councilman 4305 Santa Fe Avenue, Vernon, California 90058 telephone (323) 583-8811 SOL BENUDIZ Police Chief MARK C. WHITWORTH Acting Fire Chief LEWIS J. POZZEBON Director of Environmental Health S. KEVIN WILSON Director of Community Services SHARON L. DUCKWORTH Acting City Treasurer i CALIFORNIA ENVIRONMENTAL QUALITY ACT PROPOSED NEGATIVE DECLARATION LEAD AGENCY: PROJECT TITLE: PROJECT LOCATION: City of Vernon Adoption of an Ordinance to Prohibit the Overnight Parking of Commercial Vehicles in the City of Vernon City of Vernon PROJECT DESCRIPTION: The City of Vernon intends to adopt an Ordinance to prohibit the overnight parking of commercial vehicles in the City of Vernon. The proposed ordinance is subject to the California Environmental Quality Act (CEQA) because it requires discretionary approval. FINDINGS: The City Council of the City of Vernon has determined that this ordinance will not have a significant effect on the environment. 74duAlvelm h6uAtrfal CITY OF VERNON COMMUNITY SERVICES DEPARTMENT STAFF REPORT ON THE ADDITION OF SECTION 16.20.1 TO CHAPTER 16, LAW ENFORCEMENT, ARTICLE 11 MOTOR VEHICLES AND TRAFFIC: PARIENG REGULATIONS. OF THE CITY OF VERNON MUNICIPAL CODE November 2005 Statement of Problem The overnight parking of commercial vehicles on City of Vernon streets causes a myriad of traffic, maintenance, business and social problems for the businesses in the City of Vernon and the services provided by the City. The City seeks to eliminate the problems of overnight and long term parking of commercial vehicles in the City and enhances the use of the streets by eliminating the obstructions and debris left by the parked vehicles. The ordinance proposes to eliminate parking of commercial vehicles from 2 AM to 4 AM every night. Statement of Authority The City of Vernon municipal code authorizes the City Community Services and Police Departments to restrict and control the parking of vehicles in the City under Ordinance No. .1014 which established Chapter 16, Law Enforcement, Article 11. Motor Vehicles and Traffic: Parking Regulations and under the State of California Vehicle Code, Division 11, Chapter 9, Section 22507.5. Background The City of Vernon Police Department and the Community Services Department have received many calls from citizens, employees and owners of property in the City about the parking of commercial vehicles on City streets overnight and longer (vehicles). The complaints have occurred for many years but have become more frequent in the last few years. The complaints specify that the parking of these large vehicles cause multiple problems. The vehicles block the view of the business from the public right of way and eliminate parking for customers and visitors to the business. The parking is also eliminated for employees that may have to park in the street. The vehicles block the, view of exiting vehicles making entry to the public right of way dangerous with the potential for serious collisions. Commercial tenants have expressed a concern that the vehicles may pose a crime risk since they block the view of the business from the street and mask any criminal activity that may be occurring. The Police and Fire Departments may have difficulty in accessing the property if many of the large vehicles are parked along the street in front of the business. The vehicles do not permit the cleaningof the street and collect debris and trash that reflects poorly on the appearance of the business. By eliminating the parking of vehicles early in the morning, the vehicles would not be left in front of the businesses during the business hours unless the vehicles had commerce with the business. The owners of the vehicles would be discouraged from parking in front of businesses or any other areas because they would have to constantly move the vehicles. The parked commercial vehicles represent a significant hazard for the traveling public since they are obstructions and create a potential for a collision. The vehicles are wide enough to project t away from the curb more than a passenger vehicle and narrow the lanes and view of the street for the traveling public. The vehicles obstruct views around corners and create a hazard for the public while making turns on streets. The collision with any of these vehicles will be aggravated because of its size. The damage and cost of the collisions increases dramatically with the potential for injury also increasing. The vehicles represent a significant Police problem with time and energy spent on the many Problems created by the vehicles. The burglaries and thefts of vehicles are an on -going problem. Recently, commercial vehicle thefts have rivaled passenger vehicle thefts in number. The vehicles attract criminals engaged in cargo and vehicle theft activity, making our local businesses and working populations more susceptible to theft and other types of crimes. Vehicles are attractive nuisances with vandalism a potential problem and graffiti on the vehicles an eyesore. The reports of these criminal activities must be investigated and resolved by the City of Vernon Police Department which expends a significant amount of resources to do so. The parked vehicles eliminate the street sweeping for the time they are parked and significant debris and trash collects around and under the vehicles. If left for long periods of time, the vehicles accelerate the collection of trash because the trash build up traps more and larger pieces of trash. The vehicles also damage the street trees that they park against, either destroying branches or even knocking the tree down. Public works cleaning of sidewalks, curbs, gutters, painting of curbs and maintenance of signs are hampered by the parked vehicles. The owners of the vehicles, on occasion, repair the vehicles while they are parked in the street, in violation of the municipal code (Article V. Storm Drains). The oil, debris and discarded materials are left in the public right of way for Public Works crews to clean up and dispose of at potentially significant loss. The fluids and debris stain the street and sidewalk and become potential pollutants of the storm drain system. The National Pollutant Discharge Elimination System discourages this type of pollution. The vehicles that are repaired in the street are the type that are old, in poor condition and impart a dilapidated and rundown image to the area. In some cases, because there are no toilet facilities, bottles of urine were left. General Plan The prohibition of the overnight parking of commercial vehicles conforms to the General Plan of the City of Vernon by promoting the circulation of traffic through the City and expediting the delivery and shipping of goods and services. The increase in the number and size of commercial vehicles dictates that the City of Vernon should restrict their distribution and parking. The prohibition also minimises the conflict with parked vehicles and promotes the use of on -street parking by those doing business with the adjacent companies. As a consequence of the proposed parking restriction on trucks, the effect on Land Use will be positive since the congestion and concentration of commercial vehicles will be dispersed throughout the City of Vernon rather than concentrated in one area. Site The ordinance. will be effective on all streets in the City of Vernon. Adverse Impacts of the Ordinance Any businesses that require early deliveries and use on -street parking for their commercial vehicles will need permits. Moreover, the ordinance authorizes the Police Chief to issue these and other permits that are special, conditions and require exception to the parking restriction. An initial study has been prepared as required by the California Environmental Quality Act (CEQA) that confirms that the ordinance will not have a significant environmental impact. Statement of Solution and Recommendations City staff is proposing to add Section 16.20.1 to the City of Vernon Municipal Code, Chapter 16, Article H as set forth in Exhibit "A" attached hereto and made a part hereof by reference. The ordinance would eliminate the parking of commercial vehicles over 6000 pounds from 2 AM to 4 AM every morning. An initial study has also been prepared as required by the California Environmental Quality Act (CEQA) that confirms that the addition of the ordinance will not have a significant environmental impact. Therefore, its been recommended by the Director of Community Services and Water that a Negative Declaration be adopted in compliance with CEQA. The ordinance proposes to limit the hours that commercial vehicles may be parked in the City of Vernon The recommendation is to have the City Council consider passage of an ordinance prohibiting the parking of commercial vehicles between the hours of 2 AM and 4 AM. The limitation effectively eliminates the overnight parking of commercial vehicles. The installation of signs for this purpose is estimated to cost $4,000.00. Signs would be placed at the street entrances to the City of Vernon and along various streets that have very high volumes of commercial vehicles in the City of Vernon. The parking enforcement fines collected for the violations will be structured to offset the costs of enforcement. EXHIBIT "A"' Chapter 16 ARTICLE H. MOTOR VEHICLES AND TRAFFIC: PARKING REGULATIONS See.16.20.1 Prohibiting the parking of commercial vehicles overnight upon or along any public street in the City of Vernon. (a) No person shall stop, park or leave standing any commercial vehicle, whether attended or unattended, having a manufacturer's gross vehicle weight rating of six thousand (6,000) pounds or more on any city street between the hours of two AM and four AM of any day. For purposes of this section, a "commercial vehicle" means a vehicle of a type used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. (b) A peace officer or any regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations may issue a citation .and/or may remove or cause to be removed any commercial. vehicle in violation of this section. (c) The provisions of this section shall not apply to any vehicle owned by a public utility while in use in the construction, installation or repair of the facilities of a public utility, nor shall this section apply to any emergency vehicle or the vehicle of any licensed physician or ordained minister when actually engaged in making professional calls. (d) The Chief of Police may issue a permit for overnight parking if he finds that special conditions exist that warrant parking during these hours. The Chief of Police shall keep and maintain an accurate record of all permits issued pursuant to the provisions of this section and shall have the authority to deny a permit if he finds that any person is misusing or abusing the privileges or exceptions granted pursuant to this section. (e) The City Council of the City of Vernon may adopt, by resolution, exceptions to this section. (f) The City Council of the City of Vernon may adopt, by resolution, the fines for violations. Vernon Police Department To: Woody Natsuhara From: Captain Towles `sr Date: November 7, 2005 Subject: Penalty Fees for Parking Violations Per California Vehicle Code Section 40203.5 and Vernon Municipal Code 16.28, the City may establish civil penalties for parking violations. You requested that the Chief of Police establish the penalties for the proposed ordinance that will prohibit overnight parking on City streets (16.20.1 VMC). The Chief has recommended that the penalty amount for the.violation of 16.20.1 VMC be set at $60.00. The Chief of Police recommends that the following bail amounts be increased as well and included in the amendment of the City Resolution that establishes the schedule for parking penalties. The proposed changes will standardize the penalty amounts with those of neighboring jurisdictions as directed by 16.28 VMC. VERNON MUNICIPAL CODE CURRENT PENALTY RECOMMENDED PENALTY 16.20(a) No Parking/Red Zone $25.00 $35.00 16.20(b) No Parking/Standing $25.00 $35.00 16.21 Unattached Trailer $60.00 Same 16.22(a) Yellow Zone $25.00 $35.00 16.22(b) White Zone $25.00 $35.00 16.22 © Green Zone $25.00 $35.00 16-22 (d) Loading Zone $25.00 $35.00 16.22 (e) Specified Time $25.00 $35.00 0 Page 1 'Lag wE�.i. 6 •N Gm'V£LY IMpJg COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce Malkenhorst, Jr., Acting City Clerk FROM: Sherwood Natguihara, Deputy Director of Community Services & Water DATE: October 27, 2005 SUBJECT: Prohibition of the Overnight Parking of Commercial Vehicles Upon or Along Any Public Street in the City of Vernon — Ordinance -Notice of Public Hearing You have previously approved the setting of the public hearing for this ordinance. In addition, the enclosed Notice of Public Hearing must be mailed to the general public. Please sign the attached notice and return to Community Services. SN Enclosure COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce Malkenhorst, Jr., Acting City Clerk FROM: Samuel Kevin Wilson, of Community Services & Water DATE: October 20, 2005 SUBJECT: Prohibition of the Overnight Parking of Commercial Vehicles Upon or Along Any Public Street in the City of Vernon - Ordinance The City of Vernon Police Department and Community Services Department have received complaints from business owners and tenants throughout the City about commercial vehicles left overnight and longer on City streets. The commercial vehicles parked in this manner create many problems for the business community and the City of Vernon. The vehicles block access for customers and employees of the business as well as present a traffic hazard for those entering or leaving a business and the traveling public. Some of the vehicles have been actually repaired while in the street with the repair oil, grease and debris left on the street and sidewalk. The cities of Huntington Park, Bell and Commerce have ordinances banning the overnight parking of commercial vehicles and these restrictions may be a major cause of the problems we are experiencing. The Police and Community Services Departments are proposing an ordinance that is similar to the ordinances in the three surrounding cities and is compatible with them. The ordinance prohibits the parking of commercial vehicles from 2 AM to 4 AM each morning. The City Attorney has approved the attached draft ordinance and it is recommended that we begin the process for the enactment of the ordinance. The ordinance is subject to the California Environmental Quality Act (CEQA) and must be noticed to the general public and a public hearing held to consider the ordinance. Therefore, it is recommended that a Negative Declaration be approved for this project at the December 7, 2005 meeting. The public notice will be sent to all business owners and will describe the new ordinance and request comments. A sample notice is enclosed for your review. SKW/sn Enclosures C: Eric Fresch, City Attorney (without enclosures) Jeff Harrison, Karns and Karabian EXHIBIT "A" Chapter 16 ARTICLE II. MOTOR VEHICLES AND TRAFFIC: PARKING REGULATIONS Sec.16.20.1 Prohibiting the parking of commercial vehicles overnight upon or along any public street in the City of Vernon. (a) No person shall stop, park or leave standing any commercial vehicle, whether attended or unattended, having a manufacturer's gross vehicle weight rating of six thousand (6,000) pounds or more on any city street between the hours of two AM and four AM of any day. For purposes of this section, a "commercial vehicle" means a vehicle of a type used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. (b) A peace officer or any regularly employed and salaried employee who is engaged in directing traffic or enforcing parking laws and regulations shall remove or cause to be removed any commercial vehicle in violation of this section. (c) The provisions of this section shall not apply to any vehicle owned by a public utility while in use in the construction, installation or repair of the facilities of a public utility, nor shall this section apply to any emergency vehicle or the vehicle of any licensed physician or ordained minister when actually engaged in making professional calls. (d) The Chief of Police may issue a permit for overnight parking if he finds that special conditions exist that warrant parking during these hours. The Chief of Police shall keep and maintain an accurate record of all permits issued pursuant to the provisions of this section and shall have the authority to deny a permit if he finds that any person is misusing or abusing the privileges or exceptions granted pursuant to this section. (e) The City Council of the City of Vernon may adopt, by resolution, exceptions to this section. (f) The City Council of the City of Vernon may adopt, by resolution, the fines for violations. October, 2005 SUBJECT: Prohibition of the Parking of Commercial Vehicles Overnight in the City of Vernon - Ordinance Dear Property Owner/Business Owner: The City of Vernon is considering the prohibition of the parking of commercial vehicles overnight in the City of Vernon. The City of Vernon Police Department and Community Services Department have received complaints from business owners and tenants throughout the City about commercial vehicles left overnight and longer on City streets. The commercial vehicles parked in this manner create many problems for the business community and the City of Vernon. The Notice of Public Hearing, Notice of Intent, and Proposed Negative Declaration are enclosed for your review. A copy of the supporting evidence is available for public review at my office between the hours of 7:15 AM and 5:15 PM, Monday through Thursday. If you have comments about this ordinance please send to me in writing prior to the meeting. You are welcome to attend the City Council meeting on December 7, 2005. This notice is intended for interested parties or property owners within the City of Vernon. If you are no longer a property owner/tenant in the City of Vernon, please forward this notice to the new property owner/tenant. Very trulVo wWilson, Ke Director of Community Services & Water SKW/sn Enclosure 4 OF wEk O .+ q - `@VELY 1149Vg COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM TO: Bruce Malkenhorst, Chitty Administrator FROM: Samuel Kevin Wilson; Director of Community Services & Water DATE: March 1, 2005 SUBJECT: Prohibition of the Overnight Parking of Commercial Vehicles Upon or Along Any Public Street in the City of Vernon — Request for the City Attorney to review and approve the proposed ordinance. The Police Department and the Community Services and Water Departments have received many complaints about the overnight parking of commercial vehicles in the City of Vernon. The complaints from business owners and reports from City staff are as follows: 1. Commercial vehicles are parked for days and longer in front of businesses. The vehicles block access by customers and employees of the business. 2. Debris collects around these parked commercial vehicles and the street cannot be cleaned. 3. Owners of these vehicles service the vehicles in the street leaving oil, grease and debris. 4. The commercial vehicles become attractive nuisances when left for long periods of time. 5. Street sweeping is not possible during the length of time the commercial vehicle is parked. 6. Commercial vehicles are parked in the City of Vernon by owners in surrounding cities because the surrounding cities prohibit the overnight parking of commercial vehicles. The cities of Commerce, Bell, Huntington Park do not permit the overnight parking of commercial vehicles. The proposed ordinance is similar in times and restriction to the ordinances of these cities in order to coordinate the restrictions. 7. The vandalism, break-ins and stolen materials reported by the owners of the commercial vehicles parked in the City of Vernon are required to be investigated and resolved by the City of Vernon Police Department and are significant in number and time condoning. 8. The parking of commercial vehicles overnight represents a hazard on City streets since they are large and potential obstructions to the traveling public. Due to these and other reasons, I recommend the consideration of a restriction on the overnight parking of commercial vehicles in the City of Vernon. It is proposed that vehicles over 6000 pounds be prohibited from parking on City streets between the hours of 2 AM and 4 AM every night. If you concur, I request your approval to have the City Attorney's office draft an ordinance implementing the parking prohibition. Suggested language has been attached. Sec.16.20.a Prohibiting the overnight parking of commercial vehicles upon or along any public street in the City of Vernon. (a) No person shall stop, park or leave standing any commercial vehicle, whether attended or unattended, having a manufacturer's gross vehicle weight rating of six thousand (6,000) pounds or more on any city street between the hours of two AM and four AM of any day. For purposes of this section, a "commercial vehicle" means a vehicle of a type used or maintained for the transportation of persons for hire, compensation or profit, or designed, used or maintained primarily for the transportation of property. (b) The provisions of this section shall not apply to any vehicle owned by a public utility while in use in the construction, installation or repair of the facilities of a public utility, nor shall this section apply to any emergency vehicle or the vehicle of any licensed physician or ordained minister when actually engaged in making professional calls. (c) The Chief of Police may issue a permit for overnight parking if he finds that special conditions exist that warrant parking during these hours. The Chief of Police shall keep and maintain an accurate record of all permits issued pursuant to the provisions of this section and shall have the authority to deny a permit if he finds that any person is misusing or abusing the privileges or exceptions granted pursuant to this section. (d) The City Council of the City of Vernon may adopt by resolution exceptions to this, section.