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Ordinance No. 1249
ORDINANCE NO. 1249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, ADDING ARTICLE VII TO CHAPTER 22 OF THE VERNON MUNICIPAL CODE TO AUTHORIZE OVERLOAD VEHICLE PERMITS 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 California; and WHEREAS, the California Vehicle Code ("CVC") limits the weight, width, length, and height of vehicles that are allowed on public streets and highways; and WHEREAS, Division 15, Chapter 5, Article 4, of the CVC, allows the legislative body of any city through an ordinance to permit the operation and moving of vehicles and loads upon streets and highways under their jurisdiction whose weight and/or size exceed the maximums allowed by the CVC; and WHEREAS, by memorandum dated February 6, 2018, the Director of Public Works has recommended the adoption of an ordinance adding Article VII to Chapter 22 of the Vernon Municipal Code allowing the City to issue overload vehicle permits in order to accommodate the needs of the business community, while at the same time protecting the City's infrastructure; and WHEREAS, a duly -noticed public hearing has been held to consider the proposed ordinance changes, and public testimony has been received and considered; and WHEREAS, the City Council desires to add Article VII to Chapter 22 of the Vernon Municipal Code to authorize issuance of overload vehicle permits. 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 all of the foregoing recitals are true and correct. SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from California Environmental Quality Act ("CEQA") review, because it is not a "project" under CEQA, which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. CEQA Guidelines section 15378. Even if the ordinance were to be considered a "project," under CEQA Guidelines Section 15061(b)(3), the ordinance would be exempt from CEQA review, because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment. SECTION 3: Article VII of Chapter 22, of the Vernon Municipal Code, is hereby added as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 4: Any ordinance, part of an ordinance, or code - 2 - section in conflict with this Ordinance is hereby repealed. SECTION 5: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 6: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. - 3 - SECTION 7: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 20th day of February, 2018. Name: Melissa/A. Ybarra ATT T: Maria E . Ayala City Clerk / De., uty.1 r_. ,,, ,_n e_ r---1 - APPROVED AS TO FORM: Brian yun, Senior Deputy ity Attorney - 4 - Title: Mayor / STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Maria E. Ayala City Clerk / Deputy C_t1 `''_-'` of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1249 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 6, 2018, and thereafter adopted at a meeting of said City Council held on Tuesday, February 20, 2018, by the following vote: AYES: Councilmembers: Mayor Ybarra, Davis, Lopez NOES: Councilmembers: None ABSENT: Councilmembers: Mayor Pro-Tem Woodruff -Perez, Martinez And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this, day of February , 2017, at Vernon, California. (SEAL) - 5 - Mar a E. Ayal City Clerk / Deputy Gity `" efli I " of I 1 1111 v MMA ARTICLE VI I. OVERLOADS Sec. 22.110: DEFINITIONS: As hereinafter used in this article, the following words are defined as follows: OVERLOAD: Shall mean any vehicle or combination of vehicles exceeding as to height, width, length, size or weight of vehicle or load the limitations set forth in Division 15 of the California Vehicle Code; PUBLIC UTILITY: Shall mean the City of Vernon Public Utilities Department and any person owning, operating or maintaining overhead light, power, telephone, telegraph, signal or other wires or underground structures necessary for public service; PUBLIC WORKS DIRECTOR: Shall mean the Director of Public Works for the City or his/her designee. Whenever any other word or phrase used hereinafter in this article is not defined herein, the definition thereof contained in the California Vehicle Code shall be deemed to apply. Sec. 22.111: PERMIT REQUIREMENTS: A. It shall be unlawful for any person to move any overload upon any street in the City unless a permit therefor has been issued by the Public Works Director and is valid and unrevoked. B. Every permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or traffic officer, any authorized agent of the California Department of Transportation, any inspector of the Public Works Department of the City, or any officer or employee charged with the care or protection of the highways. C. It shall be unlawful to move any overload contrary to the terms and conditions of the permit issued by the Public Works Director. Sec. 22.112: INSPECTION PRIOR TO ISSUANCE OF PERMIT: Whenever it is determined by the Public Works Director that an inspection of the load to be moved is required prior to the issuance of a permit, arrangements shall be made by the applicant for the inspection of the load at the convenience of the Public Works Director prior to the issuance of any overload permit. Sec. 22.113: RESTRICTIONS ON MOVEMENT: It shall be unlawful for any person to move upon any street: A. Any overload on any Friday, Saturday, Sunday or day designated by the Council as a holiday; provided, however, that the Public Works Director may permit overloads to be moved on a Friday, Saturday or Sunday or on any such holiday if he/she finds that the movement of the overload may be made safely and without undue interference with traffic. Such permission, when granted, shall be included in and made a part of the permit required by Section 22.111; and B. Any overload in rainy or foggy weather, either day or night. This section shall not apply to any overload moved at the special instance and request of any authorized public officer in the event of flood, fire or other public disaster or exigency. Sec. 22.114: PARKING AND STOPPING: A. Parking: It shall be unlawful to park or to leave an unattended overload in and upon any street in the City between sunset and sunrise. Any such overload shall be moved off the traveled way or pavement so as not to interfere with passing traffic before it is left unattended. B. Stopping: It shall be unlawful at any time to stop any overload in excess of fourteen feet (14') in width upon any street in the City, except as required by traffic signs or signals or traffic conditions, or while actually moving the overload or portion thereof onto or off of the adjacent private property. The Public Works Director may limit those hours during which such moving is permitted. Sec. 22.115: NIGHT MOVING: When any overload is moved at night, warning lights must be displayed indicating the clearance of such overload to the rear, to the front, and to each side; such lights must be at least four (4) in number and be visible from a distance of five hundred feet (500') to the front, to the rear, and to each side, respectively, of such overload. Whenever a load exceeds fourteen feet (14') in width, it shall be accompanied by two (2) pilot vehicles with flashing warning lights, one preceding and one following the overload. Sec. 22.116: OVERLOAD PERMIT FEES: No permit to move any overload shall be issued by the Public Works Director unless the applicant has first: A. Made written application therefor upon forms provided by the Public Works Director. The Public Works Director may require the applicant to furnish him with such information as he determines is necessary under the circumstances in order to carry out the provisions of this article; B. Paid the fee in an amount designated in the Vernon Fee Resolution at the time the application is filed with the Public Works Director; and C. Complied with all other applicable provisions of this article. Sec. 22.117: PROCEDURE UPON APPLICATION: The Public Works Director shall receive the application at least seven (7) calendar days prior to the proposed time of the move. The Public Works Director shall notify potentially affected public utilities, City departments, and/or agencies of the requested overload move, so that the affected utility, etc., may have time to review the request and respond accordingly. In such instances where an affected facility will have to be moved or altered, the applicant shall have on deposit with the owner of the affected facility an amount of money equal to the estimated cost to said affected party to make the necessary alterations to its facility. 22.118: ISSUANCE OF PERMIT: A. If the Public Works Director shall determine from the application, or upon such independent investigation as he/she deems necessary, that issuance of any permit would unreasonably subject highways, bridges or other public property or places to injury or damage or would create a hazard to life or property, the Public Works Director shall deny the application; otherwise, if the Public Works Director shall first determine that all applicable provisions of this article have been complied with, he/she shall issue a permit; but the Public Works Director in his discretion may limit the number of trips, establish seasonal or other time limitations within which the vehicle or vehicles described may be operated, or otherwise limit or prescribe conditions of operations, when necessary to assure against undue damage to road foundations, surfaces or structures or to protect highways, bridges or other public property or places from injury or damage or to protect life or property. B. Whenever any overload is proposed to be moved in more than one section or portion, a separate permit shall be issued for the moving of each section or portion of such overload. C. The Public Works Director shall determine the route over which each overload may be moved in accordance with the clearance permitted by underpasses, overhead wires and other physical obstacles and conditions, and in accordance with the capability of any structure, roadway or other facility to support the load imposed thereon by the overload. D. The Public Works Director shall determine the times when the overload shall be moved in accordance with the provisions of this article and in accordance with public convenience and safety. Every such permit shall become and be void unless the moving of the overload shall be completed within the time specified in the application for such permit; provided, however, that the Public Works Director may extend such time when the moving of any overload or any section or portion thereof is rendered impracticable by reason of inclemency of the weather, strikes or other causes not within the control of the permittee. Sec. 22.119: EXTENDED USE PERMITS: A. The Public Works Director may issue permits for continuous movement of similar overloads over the same route for a period of up to one year; provided, however, that all such permits shall expire on the last calendar day of the year in which they were issued. B. No such permit shall be issued, however, unless the applicant shall post and maintain with the Public Works Director a policy of property damage insurance or a bond and a certificate of insurance in compliance with Section 22.121. C. The Public Works Director shall adopt such rules and regulations regarding the issuance of annual permits as he determines are necessary to control the moving, size and weight of the equipment, including the designation of routes to be traveled, days and hours during which movement is permitted and safety devices required in order to safeguard the public health, safety, welfare or property. Sec. 22.120: PERMIT CONTENTS AND LIMITATIONS: A. No permit to move any overload shall be valid unless it shall set forth specifically on its face and at a minimum: 1. The period of time for which it is to be effective; 2. The route or routes over which the overload or overloads maybe moved; 3. The hours of the day or night during which the overload may be moved. Sec. 22.121: INSURANCE AND BONDS: A. Every applicant for a permit to move any overload over any street within the City shall post and maintain with the Public Works Director before the permit is issued a policy of property damage insurance or a bond in an amount the Public Works Director deems satisfactory. Such policy or bond shall be first approved by the Public Works Director. Any such bond shall be conditioned on the permittee's promise to pay any and all loss or damage sustained by or done to any public property as a result of the movement of such overload, and that the principal shall indemnify the City for any such loss or damages. If the policy of property damage insurance or bond is insufficient to pay such costs, the balance may be recovered by the City from the permittee in any court of competent jurisdiction. B. In addition, every permittee shall carry and maintain for the full effective period of the permit, and any renewal thereof, bodily injury liability and property damage insurance including completed operations coverage, protecting the permittee from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of, or be attributable to, his operations or performance under the permit, whether such operations be by the permittee or by any subcontractor, or by any person directly or indirectly employed by either or any of them, in an amount the Public Works Director deems satisfactory for bodily injuries, including accidental death, to any one person; and subject to the same limit for each person in an amount the Public Works Director deems satisfactory on account of any one occurrence; and in an amount the Public Works Director deems satisfactory for property damage on account of any one occurrence. Said insurance shall indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of or be attributable to operations under the permit. However, said insurance need not protect against injury or death occurring to any officer, employee or representative while acting within the scope of his employment under the Workmen's Compensation Act. Said insurance shall provide that it will not be modified, changed or terminated until at least ten (10) days' notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit. Sec. 22.122: OVERLOAD INSPECTOR FEES: A. Where the Public Works Director, as a condition of issuance of a permit to move any overload, requires an inspection of the overload at the site or requires it to be accompanied by an inspector, the applicant shall deposit in advance an amount to be determined by the Public Works Director to be adequate to cover the cost of inspection for the time deemed by the Public Works Director necessary for the performance of such service. B. At the completion of the moving of such overload, the Public Works Director shall deduct from such deposit a sum equal to the cost of providing such inspection and shall refund to the depositor any difference between the amount deposited and the amount so deducted. C. Notwithstanding the need for an inspector to inspect the overload at the loading site, or for the need for an inspector to accompany the overload through the City, the Public Works Director shall collect a fee to inspect the route traveled by the overload whenever the load exceeds twenty five feet (2S') in width and/or seventeen feet (17') in height or, in the opinion of the Public Works Director, the overload may inflict damage to public or private property. Said inspection fee shall be in an amount designated in the City of Vernon Fee Resolution. Sec. 22.123: NO INTERFERENCE WITH PUBLIC UTILITY PROPERTY: No permittee shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the Public Works Director pursuant to the provisions of this article. Sec. 22.124: LIMITED EXEMPTION FOR GOVERNMENTAL AUTHORITIES: The provisions of this article shall apply to the United States, this State, counties, municipal corporations, school districts and to all other governmental bodies, agencies or instrumentalities; provided, however, that if any such government or governmental agency or instrumentality shall file with the Public Works Director an agreement in writing to pay all damages, costs or expenses which may be suffered or incurred by this City as a resu►t of the movement of any overload by such government, agency or instrumentality, then it need not pay any permit fee or post any deposit, policy of property damage insurance or bond or maintain any insurance otherwise required by any such provision. This exemption shall not apply to any private contractor engaged by any governmental body nor to any equipment or vehicle not operated by an employee of the governmental body moving the overload under the supervision and control of an officer thereof. STAFF REPORT JAN 3 ` �31$ �IVE�_ F0 01 Z018 STAFF REPORT CITVADMINISTRATION CITY CLERK'S OFFICE PUBLIC WORKS DEPARTMENT C 1 DATE: February 6, 2018 TO: Honorable Mayor and City Council FROM: Daniel Wall, Director of Public Works Departmenq, RE: Ordinance to Establish Overload Vehicle Permits Recommendation A. Find that approval of the proposed Ordinance is exempt from California Environmental Quality Act ("CEQA") review, because it is not a "project" under CEQA, which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. See CEQA Guidelines section 15378. Even if the ordinance were to be considered a "project," under CEQA Guidelines Section 15061(b)(3), the ordinance would be exempt from CEQA review, because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the proposed Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment; and B. Conduct a Public Hearing and receive any comments from the public regarding the proposed Ordinance; and C. Approve the first reading, and adopt at a subsequent meeting, an Ordinance establishing Article VII of Chapter 22 of the Vernon Municipal Code authorizing overload vehicle permits. Background The California Vehicle Code (CVC) limits the weight, width, length, and height of vehicles that are allowed on public streets and highways. Division 15, Chapter 5, Article 4, of the CVC, allows the legislative body of any city through an ordinance to permit the operation and moving of Page 1 of 2 vehicles and loads upon streets and highways under their jurisdiction whose weight and/or size exceed the maximums allowed by the CVC. Approximately 20 overload vehicle permit requests are made to the City in an average month. The Public Works Department and The Police Department currently accommodate these requests. It has been recently brought to staff .s attention that these permits are not valid without an ordinance allowing overload vehicle permits. In order to accommodate the needs of the business community, while at the same time protecting the City's infrastructure, staff recommends the adoption of the proposed ordinance establishing overload permits. The proposed article is shown as Exhibit "A". Fiscal Impact There is no fiscal impact for the establishment of overload vehicle permits. Attachment(s) 1. Public Hearing Notice 2. Proposed Ordinance Page 2 of 2 City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 (323) 583-8811 NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ORDINANCE ADDING ARTICLE VII (OVERLOADS) TO CHAPTER 22 OF THE VERNON MUNICIPAL CODE The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall City Council Chamber 4305 Santa Fe Avenue Vernon, CA 90058 DATE & TIME: Tuesday, February 6, 2018 at 9:00 a.m. (or as soon thereafter as the matter can be heard) PURPOSE/SUBJECT: Consider the adoption of an Ordinance to include Article VII in the Vernon Municipal Code, Chapter 22, Streets and Sidewalks regarding overload vehicles and repealing all prior ordinances and parts of ordinances in conflict therewith. DOCUMENTS Notice is hereby given that a hard copy of the proposed ordinance will be available for public review during normal business hours in the City Clerk Department, located FOR REVIEW: at 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:00 a.m. and 5:30 p.m. Monday through Thursday. Please send your comments or questions to: Daniel Wall, Director of Public Works City of Vernon 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 305 Email: dwall @ci.vemon.ca.us PROPOSED CEQA FINDING: Staff will recommend that the City Council find that this action is not subject to California Environmental Quality Act (CEQA) review, because this ordinance is not a "project" under CEQA, which is defined as a whole of an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonable foreseeable indirect physical change in the environment. See CEQA Guidelines section 15378. Even if the ordinance were to be considered a "project" under CEQA, which is not the case, the ordinance would be covered by the general rule set forth in CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code, which would authorize the City to issue overload vehicle permits in conformity with its current practice and will not have any effect on the environment. If you challenge the adoption of an Ordinance to include Article VII in the Vernon Municipal Code Chapter 22, Streets and Sidewalks, regarding overload vehicles and repealing all prior ordinances and part of ordinances in conflict therewith or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811 ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: Maria E. Ayala, City Clerk ORDINANCE NO. 1249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, ADDING ARTICLE VII TO CHAPTER 22 OF THE VERNON MUNICIPAL CODE TO AUTHORIZE OVERLOAD VEHICLE PERMITS 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 California; and WHEREAS, the California Vehicle Code ("CVC") limits the weight, width, length, and height of vehicles that are allowed on public streets and highways; and WHEREAS, Division 15, Chapter 5, Article 4, of the CVC, allows the legislative body of any city through an ordinance to permit the operation and moving of vehicles and loads upon streets and highways under their jurisdiction whose weight and/or size exceed the maximums allowed by the CVC; and WHEREAS, by memorandum dated February 6, 2018, the Director of Public Works has recommended the adoption of an ordinance adding Article VII to Chapter 22 of the Vernon Municipal Code allowing the City to issue overload vehicle permits in order to accommodate the needs of the business community, while at the same time protecting the City's infrastructure; and WHEREAS, a duly -noticed public hearing has been held to consider the proposed ordinance changes, and public testimony has been received and considered; and WHEREAS, the City Council desires to add Article VII to Chapter 22 of the Vernon Municipal Code to authorize issuance of overload vehicle permits. 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 all of the foregoing recitals are true and correct. SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from California Environmental Quality Act ("CEQA") review, because it is not a "project" under CEQA, which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. CEQA Guidelines section 15378. Even if the ordinance were to be considered a "project," under CEQA Guidelines Section 15061(b)(3), the ordinance would be exempt from CEQA review, because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits. where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment. SECTION 3: Article VII of Chapter 22, of the Vernon Municipal Code, is hereby added as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 4: Any ordinance, part of an ordinance, or code - 2 - section in conflict with this Ordinance is hereby repealed. SECTION 5: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 6: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. - 3 - SECTION 7: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 2V' day of February, 2018. ATTEST: City Clerk / Deputy City Clerk APPROVED AST O FORM: ------------- Brian -8yun, Senior Deputy 'itvy Attorney - 4 - Name: Title: Mayor / Mayor Pro-Tem STATE OF CALIFORNIA COUNTY OF LOS ANGELES ©1 ss ) City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1249 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 6, 2018, and thereafter adopted at a meeting of said City Council held on Tuesday, February 20, 2018, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of February, 2018, at Vernon, California. (SEAL) - 5 - City Clerk / Deputy City Clerk EXHIBIT A ARTICLE VI1, OVERLOADS Sec. 22.110: DEFINITIONS: As hereinafter used in this article, the following words are defined as follows: OVERLOAD: Shall mean any vehicle or combination of vehicles exceeding as to height, width, length, size or weight of vehicle or load the limitations set forth in Division 15 of the California Vehicle Code, - PUBLIC UTILITY: Shall mean the City of Vernon Public Utilities Department and any person owning, operating or maintaining overhead light, power, telephone, telegraph, signal or other wires or underground structures necessary for public service; PUBLIC WORKS DIRECTOR: Shall mean the Director of Public Works for the City or his/her designee. Whenever any other word or phrase used hereinafter in this article is not defined herein, the definition thereof contained in the California Vehicle Code shall be deemed to apply. Sec. 22.111: PERMIT REQUIREMENTS: A. It shall be unlawful for any person to move any overload upon any street in the City unless a permit therefor has been issued by the Public Works Director and is valid and unrevoked. B. Every permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or traffic officer, any authorized agent of the California Department of Transportation, any inspector of the Public Works Department of the City, or any officer or employee charged with the care or protection of the highways. C. It shall be unlawful to move any overload contrary to the terms and conditions of the permit issued by the Public Works Director. Sec. 22.112: INSPECTION PRIOR TO ISSUANCE OF PERMIT: Whenever it is determined by the Public Works Director that an inspection of the load to be moved is required prior to the issuance of a permit, arrangements shall be made by the applicant for the inspection of the load at the convenience of the Public Works Director prior to the issuance of any overload permit. Sec. 22.113: RESTRICTIONS ON MOVEMENT: It shall be unlawful for any person to move upon any street: A. Any overload on any Friday, Saturday, Sunday or day designated by the Council as a holiday; provided, however, that the Public Works Director may permit overloads to be moved on a Friday, Saturday or Sunday or on any such holiday if he/she finds that the movement of the overload may be made safely and without undue interference with traffic. Such permission, when granted, shall be included in and made a part of the permit required by Section 22.111; and B. Any overload in rainy or foggy weather, either day or night. This section shall not apply to any overload moved at the special instance and request of any authorized public officer in the event of flood, fire or other public disaster or exigency. Sec. 22,114: PARKING AND STOPPING: A. Parking: It shall be unlawful to park or to leave an unattended overload in and upon any street in the City between sunset and sunrise. Any such overload shall be moved off the traveled way or pavement so as not to interfere with passing traffic before it is left unattended. B. Stopping: It shall be unlawful at any time to stop any overload in excess of fourteen feet (14') in width upon any street in the City, except as required by traffic signs or signals or traffic conditions, or while actually moving the overload or portion thereof onto or off of the adjacent private property. The Public Works Director may limit those hours during which such moving is permitted. Sec. 22.115: NIGHT MOVING: When any overload is moved at night, warning lights must be displayed indicating the clearance of such overload to the rear, to the front, and to each side; such lights must be at least four (4) in number and be visible from a distance of five hundred feet (500') to the front, to the rear, and to each side, respectively, of such overload. Whenever a load exceeds fourteen feet (14') in width, it shall be accompanied by two (2) pilot vehicles with flashing warning lights, one preceding and one following the overload. Sec. 22.116: OVERLOAD PERMIT FEES: No permit to move any overload shall be issued by the Public Works Director unless the applicant has first: A. Made written application therefor upon forms provided by the Public Works Director. The Public Works Director may require the applicant to furnish him with such information as he determines is necessary under the circumstances in order to carry out the provisions of this article; B. Paid the fee in an amount designated in the Vernon Fee Resolution at the time the application is filed with the Public Works Director; and C. Complied with all other applicable provisions of this article. Sec. 22.117: PROCEDURE UPON APPLICATION: The Public Works Director shall receive the application at least seven (7) calendar days prior to the proposed time of the move. The Public Works Director shall notify potentially affected public utilities, City departments, and/or agencies of the requested overload move, so that the affected utility, etc., may have time to review the request and respond accordingly. In such instances where an affected facility will have to be moved or altered, the applicant shall have on deposit with the owner of the affected facility an amount of money equal to the estimated cost to said affected party to make the necessary alterations to its facility. 22.118: ISSUANCE OF PERMIT: A. If the Public Works Director shall determine from the application, or upon such independent investigation as he/she deems necessary, that issuance of any permit would unreasonably subject highways, bridges or other public property or places to injury or damage or would create a hazard to life or property, the Public Works Director shall deny the application; otherwise, if the Public Works Director shall first determine that all applicable provisions of this article have been complied with, he/she shall issue a permit; but the Public Works Director in his discretion may limit the number of trips, establish seasonal or other time limitations within which the vehicle or vehicles described may be operated, or otherwise limit or prescribe conditions of operations, when necessary to assure against undue damage to road foundations, surfaces or structures or to protect highways, bridges or other public property or places from injury or damage or to protect life or property. B. Whenever any overload is proposed to be moved in more than one section or portion, a separate permit shall be issued for the moving of each section or portion of such overload. C. The Public Works Director shall determine the route over which each overload maybe moved in accordance with the clearance permitted by underpasses, overhead wires and other physical obstacles and conditions, and in accordance with the capability of any structure, roadway or other facility to support the load imposed thereon by the overload. D. The Public Works Director shall determine the times when the overload shall be moved in accordance with the provisions of this article and in accordance with public convenience and safety. Every such permit shall become and be void unless the moving of the overload shall be completed within the time specified in the application for such permit; provided, however, that the Public Works Director may extend such time when the moving of any overload or any section or portion thereof is rendered impracticable by reason of inclemency of the weather, strikes or other causes not within the control of the permittee. Sec. 22.119: EXTENDED USE PERMITS: A. The Public Works Director may issue permits for continuous movement of similar overloads over the same route for a period of up to one year; provided, however, that all such permits shall expire on the last calendar day of the year in which they were issued. B. No such permit shall be issued, however, unless the applicant shall post and maintain with the Public Works Director a policy of property damage insurance or a bond and a certificate of insurance in compliance with Section 22.121, C. The Public Works Director shall adopt such rules and regulations regarding the issuance of annual permits as he determines are necessary to control the moving, size and weight of the equipment, including the designation of routes to be traveled, days and hours during which movement is permitted and safety devices required in order to safeguard the public health, safety, welfare or property. Sec. 22.120: PERMIT CONTENTS AND LIMITATIONS: A. No permit to move any overload shall be valid unless it shall set forth specifically on its face and at a minimum: 1. The period of time for which it is to be effective; 2. The route or routes over which the overload or overloads may be moved; 3. The hours of the day or night during which the overload may be moved. Sec. 22.121: INSURANCE AND BONDS: A. Every applicant for a permit to move any overload over any street within the City shall post and maintain with the Public Works Director before the permit is issued a policy of property damage insurance or a bond in an amount the Public Works Director deems satisfactory. Such policy or bond shall be first approved by the Public Works Director. Any such bond shall be conditioned on the permittee's promise to pay any and all loss or damage sustained by or done to any public property as a result of the movement of such overload, and that the principal shall indemnify the City for any such loss or damages. If the policy of property damage insurance or bond is insufficient to pay such costs, the balance may be recovered by the City from the permittee in any court of competent jurisdiction. B. In addition, every permittee shall carry and maintain for the full effective period of the permit, and any renewal thereof, bodily injury liability and property damage insurance including completed operations coverage, protecting the permittee from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of, or be attributable to, his operations or performance under the permit, whether such operations be by the permittee or by any subcontractor, or by any person directly or indirectly employed by either or any of them, in an amount the Public Works Director deems satisfactory for bodily injuries, including accidental death, to any one person; and subject to the same limit for each person in an amount the Public Works Director deems satisfactory on account of any one occurrence; and in an amount the Public Works Director deems satisfactory for property damage on account of any one occurrence. Said insurance shall indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of or be attributable to operations under the permit. However, said insurance need not protect against injury or death occurring to any officer, employee or representative while acting within the scope of his employment under the Workmen's Compensation Act. Said insurance shall provide that it will not be modified, changed or terminated until at least ten (10) days' notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit. Sec. 22.122: OVERLOAD INSPECTOR FEES: A. Where the Public Works Director, as a condition of issuance of a permit to move any overload, requires an inspection of the overload at the site or requires it to be accompanied by an inspector, the applicant shall deposit in advance an amount to be determined by the Public Works Director to be adequate to cover the cost of inspection for the time deemed by the Public Works Director necessary for the performance of such service. B. At the completion of the moving of such overload, the Public Works Director shall deduct from such deposit a sum equal to the cost of providing such inspection and shall refund to the depositor any difference between the amount deposited and the amount so deducted. C. Notwithstanding the need for an inspector to inspect the overload at the loading site, or for the need for an inspector to accompany the overload through the City, the Public Works Director shall collect a fee to inspect the route traveled by the overload whenever the load exceeds twenty five feet (25') in width and/or seventeen feet (17') in height or, in the opinion of the Public Works Director, the overload may inflict damage to public or private property. Said inspection fee shall be in an amount designated in the City of Vernon Fee Resolution. Sec. 22.123: NO INTERFERENCE WITH PUBLIC UTILITY PROPERTY: No permittee shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the Public Works Director pursuant to the provisions of this article. Sec. 22.124: LIMITED EXEMPTION FOR GOVERNMENTAL AUTHORITIES: The provisions of this article shall apply to the United States, this State, counties, municipal corporations, school districts and to all other governmental bodies, agencies or instrumentalities; provided, however, that if any such government or governmental agency or instrumentality shall file with the Public Works Director an agreement in writing to pay all damages, costs or expenses which may be suffered or incurred by this City as a result of the movement of any overload by such government, agency or instrumentality, then it need not pay any permit fee or post any deposit, policy of property damage insurance or bond or maintain any insurance otherwise required by any such provision. This exemption shall not apply to any private contractor engaged by any governmental body nor to any equipment or vehicle not operated by an employee of the governmental body moving the overload under the supervision and control of an officer thereof. ORDINANCE NO. 1249 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA, ADDING ARTICLE VII TO CHAPTER 22 OF THE VERNON MUNICIPAL CODE TO AUTHORIZE OVERLOAD VEHICLE PERMITS 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 California; and WHEREAS, the California Vehicle Code ("CVC") limits the weight, width, length, and height of vehicles that are allowed on public streets and highways; and WHEREAS, Division 15, Chapter 5, Article 4, of the CVC, allows the legislative body of any city through an ordinance to permit the operation and moving of vehicles and loads upon streets and highways under their jurisdiction whose weight and/or size exceed the maximums allowed by the CVC; and WHEREAS, by memorandum dated February 6, 2018, the Director of Public Works has recommended the adoption of an ordinance adding Article VII to Chapter 22 of the Vernon Municipal Code allowing the City to issue overload vehicle permits in order to accommodate the needs of the business community, while at the same time protecting the City's infrastructure; and WHEREAS, a duly -noticed public hearing has been held to consider the proposed ordinance changes, and public testimony has been received and considered; and WHEREAS, the City Council desires to add Article VII to Chapter 22 of the Vernon Municipal Code to authorize issuance of overload vehicle permits. 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 all of the foregoing recitals are true and correct. SECTION 2: The City Council finds that the adoption of this Ordinance is exempt from California Environmental Quality Act ("CEQA") review, because it is not a "project" under CEQA, which is defined as an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. CEQA Guidelines section 15378. Even if the ordinance were to be considered a "project," under CEQA Guidelines Section 15061(b)(3), the ordinance would be exempt from CEQA review, because it does not have the potential for causing a significant effect on the environment, especially where, as here, adoption of the ordinance is being pursued to provide the legal basis for the current practice of issuing overload vehicle permits. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the Ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code authorizing issuance of overload vehicle permits and will not have any effect on the environment. SECTION 3: Article VII of Chapter 22, of the Vernon Municipal Code, is hereby added as set forth in Exhibit A which is attached hereto and incorporated by reference. SECTION 4: Any ordinance, part of an ordinance, or code - 2 - section in conflict with this Ordinance is hereby repealed. SECTION 5: Severability. If any chapter, article, section, subsection, subdivision, paragraph, sentence, clause, phrase, or word in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more chapters, articles, sections, subsections, subdivisions, paragraphs, sentences, clauses, phrases or words be declared unconstitutional, or invalid, or ineffective. SECTION 6: Book of Ordinances. The City Clerk, or Deputy City Clerk, shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's, or Deputy City Clerk's, certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk, or Deputy City Clerk, shall cause this ordinance to be published or posted as required by law. - 3 - SECTION 7: Effective Date. This Ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty- first (31st) day after its passage. APPROVED AND ADOPTED this 6th day of February, 2018. ATTEST: City Clerk / Deputy City Clerk Brian Byun, Senior Deputy City Attorney - 4 - Name: Title: Mayor / Mayor Pro-Tem STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES I, , City Clerk / Deputy City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1249 was duly and regularly introduced at a regular meeting of the City Council of the City of Vernon, held in the City of Vernon on Tuesday, February 6, 2018, and thereafter adopted at a meeting of said City Council held on Tuesday, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of , 2018, at Vernon, California. (SEAL) - 5 - City Clerk / Deputy City Clerk EXHIBIT A ARTICLE VI1. OVERLOADS Sec. 22.110: DEFINITIONS: As hereinafter used in this article, the following words are defined as follows: OVERLOAD: Shall mean any vehicle or combination of vehicles exceeding as to height, width, length, size or weight of vehicle or load the limitations set forth in Division 15 of the California Vehicle Code; PUBLIC UTILITY: Shall mean the City of Vernon Public Utilities Department and any person owning, operating or maintaining overhead light, power, telephone, telegraph, signal or other wires or underground structures necessary for public service; PUBLIC WORKS DIRECTOR: Shall mean the Director of Public Works for the City or his/her designee. Whenever any other word or phrase used hereinafter in this article is not defined herein, the definition thereof contained in the California Vehicle Code shall be deemed to apply. Sec. 22,111: PERMIT REQUIREMENTS: A. It shall be unlawful for any person to move any overload upon any street in the City unless a permit therefor has been issued by the Public Works Director and is valid and unrevoked. B. Every permit shall be carried in the vehicle or combination of vehicles to which it refers and shall be open to inspection by any peace officer or traffic officer, any authorized agent of the California Department of Transportation, any inspector of the Public Works Department of the City, or any officer or employee charged with the care or protection of the highways. C. It shall be unlawful to move any overload contrary to the terms and conditions of the permit issued by the Public Works Director. Sec. 22.112: INSPECTION PRIOR TO ISSUANCE OF PERMIT: Whenever it is determined by the Public Works Director that an inspection of the load to be moved is required prior to the issuance of a permit, arrangements shall be made by the applicant for the inspection of the load at the convenience of the Public Works Director prior to the issuance of any overload permit. Sec. 22.113: RESTRICTIONS ON MOVEMENT: It shall be unlawful for any person to move upon any street: A. Any overload on any Friday, Saturday, Sunday or day designated by the Council as a holiday; provided, however, that the Public Works Director may permit overloads to be moved on a Friday, Saturday or Sunday or on any such holiday if he/she finds that the movement of the overload may be made safely and without undue interference with traffic. Such permission, when granted, shall be included in and made a part of the permit required by Section 22.111; and B. Any overload in rainy or foggy weather, either day or night. This section shall not apply to any overload moved at the special instance and request of any authorized public officer in the event of flood, fire or other public disaster or exigency. Sec. 22.114: PARKING AND STOPPING: A. Parking: It shall be unlawful to park or to leave an unattended overload in and upon any street in the City between sunset and sunrise. Any such overload shall be moved off the traveled way or pavement so as not to interfere with passing traffic before it is left unattended. B. Stopping: It shall be unlawful at any time to stop any overload in excess of fourteen feet (14') in width upon any street in the City, except as required by traffic signs or signals or traffic conditions, or while actually moving the overload or portion thereof onto or off of the adjacent private property. The Public Works Director may limit those hours during which such moving is permitted. Sec. 22.115: NIGHT MOVING: When any overload is moved at night, warning lights must be displayed indicating the clearance of such overload to the rear, to the front, and to each side; such lights must be at least four (4) in number and be visible from a distance of five hundred feet (500') to the front, to the rear, and to each side, respectively, of such overload. Whenever a load exceeds fourteen feet (14') in width, it shall be accompanied by two (2) pilot vehicles with flashing warning lights, one preceding and one following the overload. Sec. 22.116: OVERLOAD PERMIT FEES: No permit to move any overload shall be issued by the Public Works Director unless the applicant has first: A. Made written application therefor upon forms provided by the Public Works Director. The Public Works Director may require the applicant to furnish him with such information as he determines is necessary under the circumstances in order to carry out the provisions of this article; B. Paid the fee in an amount designated in the Vernon Fee Resolution at the time the application is filed with the Public Works Director; and C. Complied with all other applicable provisions of this article. Sec. 22.117: PROCEDURE UPON APPLICATION: The Public Works Director shall receive the application at least seven (7) calendar days prior to the proposed time of the move. The Public Works Director shall notify potentially affected public utilities, City departments, and/or agencies of the requested overload move, so that the affected utility, etc., may have time to review the request and respond accordingly. In such instances where an affected facility will have to be moved or altered, the applicant shall have on deposit with the owner of the affected facility an amount of money equal to the estimated cost to said affected party to make the necessary alterations to its facility. 22.118: ISSUANCE OF PERMIT: A. If the Public Works Director shall determine from the application, or upon such independent investigation as he/she deems necessary, that issuance of any permit would unreasonably subject highways, bridges or other public property or places to injury or damage or would create a hazard to life or property, the Public Works Director shall deny the application; otherwise, if the Public Works Director shall first determine that all applicable provisions of this article have been complied with, he/she shall issue a permit; but the Public Works Director in his discretion may limit the number of trips, establish seasonal or other time limitations within which the vehicle or vehicles described may operated, or otherwise limit or prescribe conditions of operations, when necessary to assure against undue damage to road foundations, surfaces or structures or to protect highways, bridges or other public property or places from injury or damage or to protect life or property. B. Whenever any overload is proposed to be moved in more than one section or portion, a separate permit shall be issued for the moving of each section or portion of such overload. C. The Public Works Director shall determine the route over which each overload maybe moved in accordance with the clearance permitted by underpasses, overhead wires and other physical obstacles and conditions, and in accordance with the capability of any structure, roadway or other facility to support the load imposed thereon by the overload. D. The Public Works Director shall determine the times when the overload shall be moved in accordance with the provisions of this article and in accordance with public convenience and safety. Every such permit shall become and be void unless the moving of the overload shall be completed within the time specified in the application for such permit; provided, however, that the Public Works Director may extend such time when the moving of any overload or any section or portion thereof is rendered impracticable by reason of inclemency of the weather, strikes or other causes not within the control of the permittee. Sec. 22.119: EXTENDED USE PERMITS: A. The Public Works Director may issue permits for continuous movement of similar overloads over the same route for a period of up to one year; provided, however, that all such permits shall expire on the last calendar day of the year in which they were issued. B. No such permit shall be issued, however, unless the applicant shall post and maintain with the Public Works Director a policy of property damage insurance or a bond and a certificate of insurance in compliance with Section 22.121. C. The Public Works Director shall adopt such rules and regulations regarding the issuance of annual permits as he determines are necessary to control the moving, size and weight of the equipment, including the designation of routes to be traveled, days and hours during which movement is permitted and safety devices required in order to safeguard the public health, safety, welfare or property. Sec. 22.120: PERMIT CONTENTS AND LIMITATIONS: A. No permit to move any overload shall be valid unless it shall set forth specifically on its face and at a minimum: 1. The period of time for which it is to be effective; 2. The route or routes over which the overload or overloads maybe moved; 3. The hours of the day or night during which the overload may be moved. Sec. 22.121: INSURANCE AND BONDS: A. Every applicant for a permit to move any overload over any street within the City shall post and maintain with the Public Works Director before the permit is issued a policy of property damage insurance or a bond in an amount the Public Works Director deems satisfactory. Such policy or bond shall be first approved by the Public Works Director. Any such bond shall be conditioned on the permittee's promise to pay any and all loss or damage sustained by or done to any public property as a result of the movement of such overload, and that the principal shall indemnify the City for any such loss or damages. If the policy of property damage insurance or bond is insufficient to pay such costs, the balance may be recovered by the City from the permittee in any court of competent jurisdiction. B. In addition, every permittee shall carry and maintain for the full effective period of the permit, and any renewal thereof, bodily injury liability and property damage insurance including completed operations coverage, protecting the permittee from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of, or be attributable to, his operations or performance under the permit, whether such operations be by the permittee or by any subcontractor, or by any person directly or indirectly employed by either or any of them, in an amount the Public Works Director deems satisfactory for bodily injuries, including accidental death, to any one person; and subject to the same limit for each person in an amount the Public Works Director deems satisfactory on account of any one occurrence; and in an amount the Public Works Director deems satisfactory for property damage on account of any one occurrence. Said insurance shall indemnify and save harmless the City, its officers, employees and representatives from any and all claims and actions for bodily injury, including accidental death, and for property damage, which may directly or indirectly arise from, grow out of or be attributable to operations under the permit. However, said insurance need not protect against injury or death occurring to any officer, employee or representative while acting within the scope of his employment under the Workmen's Compensation Act. Said insurance shall provide that it will not be modified, changed or terminated until at least ten (10) days' notice thereof has been filed with the City Clerk. Lapse or termination of such insurance shall automatically void the permit. Sec. 22.122: OVERLOAD INSPECTOR FEES: A. Where the Public Works Director, as a condition of issuance of a permit to move any overload, requires an inspection of the overload at the site or requires it to be accompanied by an inspector, the applicant shall deposit in advance an amount to be determined by the Public Works Director to be adequate to cover the cost of inspection for the time deemed by the Public Works Director necessary for the performance of such service. B. At the completion of the moving of such overload, the Public Works Director shall deduct from such deposit a sum equal to the cost of providing such inspection and shall refund to the depositor any difference between the amount deposited and the amount so deducted. C. Notwithstanding the need for an inspector to inspect the overload at the loading site, or for the need for an inspector to accompany the overload through the City, the Public Works Director shall collect a fee to inspect the route traveled by the overload whenever the load exceeds twenty five feet (25') in width and/or seventeen feet (17') in height or, in the opinion of the Public Works Director, the overload may inflict damage to public or private property. Said inspection fee shall be in an amount designated in the City of Vernon Fee Resolution. Sec. 22.123: NO INTERFERENCE WITH PUBLIC UTILITY PROPERTY: No permittee shall interfere in any manner whatsoever with any property of any public utility, notwithstanding anything in the permit granted by the Public Works Director pursuant to the provisions of this article. Sec. 22.124: LIMITED EXEMPTION FOR GOVERNMENTAL AUTHORITIES: The provisions of this article shall apply to the United States, this State, counties, municipal corporations, school districts and to all other governmental bodies, agencies or instrumentalities; provided, however, that if any such government or governmental agency or instrumentality shall file with the Public Works Director an agreement in writing to pay all damages, costs or expenses which may be suffered or incurred by this City as a result of the movement of any overload by such government, agency or instrumentality, then it need not pay any permit fee or post any deposit, policy of property damage insurance or bond or maintain any insurance otherwise required by any such provision. This exemption shall not apply to any private contractor engaged by any governmental body nor to any equipment or vehicle not operated by an employee of the governmental body moving the overload under the supervision and control of an officer thereof. This space is for the County Clerk's Filing Stamp 9astexxt 05 oup liubfi>rations, ;4hir- 161 S. AVENUE 24, LOS ANGELES, CA 90031 323 221-1092 • FK 323 221-1090 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET AND MONTEBELLO COMET, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966, CASE NUMBER 884861, that the notice, of which the annexed is printed copy (set in type not smaller the nonpareil), has been published in each regular and entire issue of sail newspaper and not in any supplement thereof on the following dates, to -wit: JANUARY 18, all in the year 2018. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 18T—H day of JANUARY, 2018. � 41�_ 1-i �a r�'�r ignature CITY OF VERNON Proof of Publication of Citv of Vernon Notice of Public Hearing Regarding the Proposed Ordinance Adding Article Vil (Overloads) to Chapter 22 of the Vernon Municipal Code CITY OF VERNON NOTICE OF PUBLIC HEARING REGARDING THE PROPOSED ORDINANCE ADDING ARTICLE VII (OVERLOADS) TO CHAPTER 22 OF THE VERNOL MUNICIPAL CODE The City of Vernon will conduct a Public Hearing, which you may attend. PLACE: Vernon City Hall, City Council Chamber 4305 Santa Fe Avenue, Vernon, CA 90058 DATE & Tuesday, February 6, 2018 at 9:00 a.m. TIME: (or as soon thereafter as the matter can be heard) PURPOSE/SUBJECT: Consider the adoption of an Ordinance to include Article VII in the Vernon Municipal Code, Chapter 22, Streets and Sidewalks regarding overload vehicles and repealing all prior ordinances and parts of ordinances in conflict therewith. DOCUMENTS Notice is hereby given that a hard copy of the FOR REVIEW: proposed ordinance will be available for public review during normal business hours in the City Clerk Department, located at 4305 Santa Fe Avenue, Vernon, California, between the hours of 7:00 a.m. and 5:30 p.m. Monday through Thursday. Please send your comments or questions to: Daniel Wall, Director of Public Works City of Vernon, 4305 Santa Fe Avenue, Vernon, CA 90058 (323) 583-8811 Ext. 305 Email: dwall@ci.vernon.ca.us PROPOSED CEQA FINDING: Staff will recommend that the City Council find that this action is not subject to California Environmental Quality Act (CEQA) review, because this ordinance is not a 'project' under CEQA, which is defined as a whole of an action directly undertaken by a public agency which has the potential for resulting in either a direct physical change in the environment or a reasonable foreseeable indirect physical change in the environment. See CEQA Guidelines section 15378. Even if the ordinance were to be considered a "project' under CEQA, which is not the case, the ordinance would be covered by the general rule set forth in CEQA Guidelines Section 15061(b)(3) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Here, the ordinance involves the establishment of Article VII of Chapter 22 of the Vernon Municipal Code, which would authorize the City to issue overload vehicle permits in conformity with its current practice and will not have any effect on the environment. If you challenge the adoption of an Ordinance to include Article VII in the Vernon Municipal Code Chapter 22, Streets and Sidewalks, regarding overload vehicles and repealing all prior ordinances and part of ordinances in conflict therewith or any provision thereof in court, you may be limited to raising only those issues you or someone else raised at the hearing described in this notice or in written correspondence delivered to the City of Vernon at, or prior to, the meeting. Americans with Disabilities Act (ADA): In compliance with ADA, if you need special assistance to participate in the meeting, please contact the Office of the City Clerk at (323) 583-8811 ext. 546. The hearing may be continued or adjourned or cancelled and rescheduled to a stated time and place without further notice of a public hearing. Dated: AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF VERNON ) I, Matthew Ceballos, Deputy City Clerk, of the City of Vernon do hereby certify that I did, on the 21" day of February 2018, cause to be posted in three (3) conspicuous places, copies of the following: • ORDINANCE NO. 1249 SUMMARY (Second) One 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 381h Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City. A copy was also posted on the City's Election webpage. Date: February 21, 2018 Matthew Ceballos, Deputy City Clerk CITY OF VERNON CITY COUNCIL MEETING FEBRUARY 20, 2018 ORDINANCE NO. 1249 SUMMARY (Adding Article VII to Chapter 22 of the Vernon Municipal Code to Authorize Overload Vehicle Permits) A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NO. 1249 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On February 20, 2018, the City Council of the City of Vernon approved and adopted Ordinance No. 1249 adding Article VII to Chapter 22 of the Vernon Municipal Code to Authorize Overload Vehicle Permits. I, Maria E. Ayala, City Clerk of the City of Vernon, do hereby certify that Ordinance No. 1249 was duly approved and adopted by the City Council of the City of Vernon at a regular meeting held on February 20, 2018, and passed by said Council by the following vote: AYES: COUNCILMEMBERS: YBARRA, DAVIS, AND LOPEZ NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: WOODRUFF-PEREZ AND MARTINEZ Dated: February 21, 2018 Mar' E. Ayala, Cit Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF VERNON ) I, Matthew Ceballos, Deputy City Clerk, of the City of Vernon do hereby certify that I did, on the 22°d day of February 2018, cause to be posted in three (3) conspicuous places, copies of the following: • ORDINANCE NO. 1249 One 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 381h Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City. A copy was also posted on the City's Election webpage. Date: February 22, 2018 Matthew Ceballos, Deputy City Clerk CITY OF VERNON CITY COUNCIL MEETING February 6, 2018 ORDINANCE NO. 1249 SUMMARY (Adding Article VII to Chapter 22 of the Vernon Municipal Code to Authorize Overload Vehicle Permits) A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NO. 1249 IS AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance No. 1249 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 6, 2018. Ordinance No. 1249 is scheduled to be considered for adoption by said Council at a regular meeting to be held on March 6, 2018. The proposed Ordinance No. 1249 would add Article VII to Chapter 22 of the Vernon Municipal Code to Authorize Overload Vehicle Permits. Maria E. Ayala, City Clerk of the City of Vernon, does hereby certify that Ordinance No. 1249 was duly introduced to the City Council of the City of Vernon at a regular meeting held on February 6, 2018, and said Ordinance is scheduled to be considered for adoption at a regular meeting of the City Council to be held on March 6, 2018. Dated: February 6, 2018 Mari E. Ayala, CV Clerk AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF VERNON ) I, Matthew Ceballos, Deputy City Clerk, of the City of Vernon do hereby certify that I did, on the 61h day of February 2018, cause to be posted in three (3) conspicuous places, copies of the following: • ORDINANCE NO. 1249 SUMMARY One 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 381h Street and Santa Fe Avenue; the northeast corner of Leonis Blvd., and Pacific Blvd., all in said City. Date: February 6, 2018 Matthew Ceballos, Deputy City Clerk