Resolution No. 5088
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RESOLUTION NO. 5088
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF VERNON ESTABLISHING AND ADOPTING AN
ENCROACHMENT FEE AND DEPOSIT SCHEDULE AND A
LICENSE AND FRANCHISE FEE SCHEDULE PURSUANT
TO CHAPTER 22, ARTICLE VI OF THE CODE OF THE
CITY OF VERNON, CALIFORNIA 1959 AND REPEALING
RESOLUTION NO. 4699
7 WHEREAS, Chapter 22, Article VI of the Code of the City
8 of Vernon, California 1959 specifies that the City Council of
9 the City of Vernon shall, from time to time, establish an
10 encroachment fee and deposit schedule, a license and franchise
11 fee schedule and shall set the amount of license and franchise
12 bonds and liability insurance; and
13 WHEREAS, Bruce V. Malkenhorst, City Administrator/City
14 Clerk, by letter dated February 16, 1984, has recommended that
15 the encroachment and license fees be increased by 'approximately
16 twenty-five percent (25%) to reflect the increase in the
17 Consumer Price Index in accordance with the recommendation of
18 Victor H. Vaits, Director of Community Services.
19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
20 THE CITY OF VERNON AS FOLLOWS:
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SECTION 1: That any and all work performed by govern-
22 mental agencies, utility companies and private contractors
23 within street right-of-way, as well as closing of traffic lanes,
24 detouring traffic or interfering with the normal parking pattern
25 or the pedestrian use of the sidewalk, shall be covered by a
26 permi t .
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SECTION 2: That a permit issuance fee, payable prior
28 to the issuance of a permit, shall be made in the amount of
I Twenty Dollars ($20.00).
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SECTION 3: That in addition to an issuance fee, permit
3 fees and charges calculated to the nearest dollar shall be
4 required as follows:
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A. INSPECTION FEES
Regular Time (7:00 a.m. - 5:30 p.m.)
$ 20.00/hr.
Overtirre-Friday, Saturday, SunClay,
Holidays and nights (4 hrs. min.im.:Im)
B. PERMIT FEES
$ 50.00/hr.
CUrb and/or gutter
$ 0.25/lin. ft.
$ 0.20/sq. ft.
paving, sidewalk, driverway
Roof, area and fire sprinkler drain
through curb (plus any curb, gutter
and sidewalk)
$ 15.00 each
C. RECONSTRUCTION FEES FOR WORK
COMPLETED BY CITY
Ra.te
Minimum
Asphalt pavem:mt
$ 0.75/inch/sq. ft.
$190.00
Concrete pavem:mt
driveway, gutter
and sidewalks
$ O.75/inch/sq. ft.
$ 6.50/lin. ft.
$190.00
$190.00
Concrete curb
Concrete curb
and gutter
$12.50/lin. ft.
$190.00
Asphalt, ooncrete
and soil rercoval
$ 0.50/inch/sq. ft.
D. Lights, barricades, or warning devices furnished
and/or maintained, calculated at One Hundred Dollars
($100.00) per service call and One Dollar and
Twenty-Five Cents ($1.25) per barricade per day.
A service call is defined as one (1) round trip to
and from the job site either for placing, removing
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or servicing the barricades
E. MONUMENT REPLACEMENT FEE $ 320.00
F. All other direct costs to the City resulting from
the permittee's activity, calculated at actual cost
plus administrative costs of fifteen percent (15%).
G. All pavement shall be replaced with an equivalent
section plus one inch (I")
SECTION 4: That the following exemptions to Sections 2
and 3 shall apply:
A. Utility companies and governmental agencies making
application for a permit shall not be required to make prior
payment of issuance fees or make deposits. The preclusion of
deposits and prior payment of fees, however, does not relieve a
utility company or governmental agency from making prompt payment
of fees upon presentation of a City invoice. Contractors or
others making application on behalf of a utility company or
governmental agency shall not be relieved of the deposit re-
quirement or prior payment of fees.
B. The City of Vernon Water Department shall not be
required to pay permit fees inasmuch as costs for permit services
are accounted for internally for the City departments.
C. No inspection charges or permit fees shall be made
for the inspection of the initial construction of new curb,
gutter, sidewalk and roadway.
D. No fees shall be charged to governmental agencies
with reciprocal agreements.
SECTION 5: That the issuance fee for franchises and
licenses shall be as follows:
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A. For railroad crossings, conveyor bridges, tunnels
across a street, pipe lines or conduits along a street, the
issuance fee shall be Two Thousand Five Hundred Dollars
($2,500.00) payable prior to the granting of the franchise or
license and the annual renewal fee for all of the foregoing shall
be a minimum of Two Hundred Fifty Dollars ($250.00) per annum,
and in addition thereto the annual fee for railroad tracks,
pipelines or conduits along a street shall be said Two Hundred
Fifty Dollars ($250.00) for the minimum annual renewal fee for
the length of line up to one-half (1/2) mile and thereafter Two
Hundred Fifty Dollars ($250.00) for each additional one-half
(1/2) mile and to the extent that the same cannot be measured
in equal one-half (1/2) mile segments the last portion thereof
shall be prorated based upon the length of said pipe lines or
conduits along a street as the same shall bear to Two Hundred
Fifty Dollars ($250.00) for each one-half (1/2) mile.
B. For pipe lines or conduits across a street or a
metering manhole in the street, the sum of One Thousand Two
Hundred Fifty Dollars ($1,250.00) for an issuance fee, payable
prior to the granting of the license, and an annual renewal fee
of One Hundred Twenty-Five Dollars ($125.00) per annum.
C. For building footings and appendages, such as
water tables, sills, capitals, signs and architectural
projections, an issuance fee of Two Hundred Fifty Dollars
($250.00), payable prior to the granting of the license, and an
annual renewal fee of Twenty-Five Dollars ($25.00) per annum.
SECTION 6: That the policy or policies of public
liability and property damage insurance shall be in an amount
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1 determined by the Director of Community Services of the City
2 of Vernon and approved by the City Attorney of the City of
3 Vernon prior to the issuance of each franchise or license.
4 SECTION 7: That any policy or policies of public
5 liability and property damage insurance shall name the City of
6 Vernon as a co-insured, and shall further provide that said
7 policy or policies may not be cancelled without giving the City
8 of Vernon at least ten (10) days written notice of the insurer's
9 intention to so cancel said policy or policies.
10 SECTION B: That the faithful performance bond payable
11 to the City of Vernon shall be in an amount determined by the
12 Director of Community Services upon the issuance of each
13 franchise or license and the same shall be approved by the City
14 Attorney.
15 SECTION 9: That in addition to the above, the franchise
16 or licensee shall pay all fees and deposits necessary to obtain
17 the required encroachment permits.
18 SECTION 10: The annual renewal fee for franchises and
19 licenses shall be as follows:
20 A. That the annual renewal fee provided for in Section
21 5 above should be revised in accordance with the changes in the
22 Consumer Price Index published by the United States Department
23 of Labor, Bureau of Labor Statistics for Urban Wage Earners and
24 Clerical Workers - Annual Average - Los Angeles - Long Beach
25 Metropolitan Area California - all items. In the event said
26 Index as of the anniversary date is higher than said Index for
27 the issuance date, each such issuance fee or renewal fee shall
28 be increased effective the anniversary date by multiplying each
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1 said issuance fee by a fraction, the numerator of which is the
2 Index for the current anniversary date and the denominator of
3 which is the Index existing on the issuance date. There shall
4 be no reduction in fees by operation of this provision.
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B. If, in the future, said Index shall be changed so
6 that the base year differs from that used as of the date of the
7 commencement of the term hereof, it shall be converted in
8 accordance with the conversion factor published by the United
9 States Department of Labor, Bureau of Labor Statistics. In the
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event said Index is discontinued or revised during the term of
this agreement, such other governmental Index or computation with
which it is replaced, shall be used in order to obtain sub-
stantially the same result that would be obtained if said present
Index had not been discontinued or revised.
SECTION 11: That Resolution No. 4699 and all other
resolutions in conflict herewith are hereby repealed.
SECTION 12: That the City Clerk of the City of Vernon
shall certify to the passage of this Resolution and thereupon
and thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 21st day of February, 1984.
ATTEST:
6~~~
BRUCE V.MALKENHORST, City Clerk
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1 STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
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4 I,BRUCE V.MALKENHORST, City Clerk ofthe.City of
5 Vernon, do hereby certify that the fo:!:egoing Resolution, being
6 Resolution No. 5088
, was duly adopted by the City Council of
7 the City of Vernon, and was approved by the Mayo:!: of said City
8 at a regular meeting of the City Council held on Tuesday,
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14 (SEAL)
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February 21
, 19 84
/_w-/
~<'
BRUCE V.
Clerk
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RESOLUTION NO. 2011-3$
A RESOLUTION OF THE CITY COUNCIL OF THE-CITY OF
VERNON ESTABLISHING AND ADOPTING ENCROACHMENT,
.LICENSE AND FRANCHISE FEES AND DEPOSIT SCHEDULES
PURSUANT TO CHAPTER 22, ARTICLE VI OF THE VERNON
CITY CODE AND REPEALING RESOLUTION N0. 5088
WHEREAS, Chapter 22, Article VI of the Vernon City Code
specifies that the-City Council of the City of Vernon shall, from time
to time, establish an encroachment fee and deposit schedule, a license
fee schedule and a franchise fee schedule and shall set the amount of
certain bonds and establish liability insurance requirements; and
WHEREAS, on February 21, 1984, the City Council of the City
of Vernon adopted Resolution No. 5088 adopting encroachment, license
and franchise fees and deposit schedules pursuant to Chapter 22 of-the
Vernon City Code; and
WHEREAS, on March 15, 2011, the City Council of the City of
Vernon adopted Ordinance No. 1175 providing for the establishment of a
three-year restriction on cuts to newly paved or resurfaced streets, a
two-year restriction on slurry sealed or chipped sealed streets, .and
amending the. Code regarding deposits or surety bonds and liability
insurance for encroachment permits and licenses; and
WHEREAS, the Director of Community Services & Water by memo
dated February 23, 2011, recommended that the fees for encroachments,
licenses and franchises be increased to reflect the increase in the"
cost of service provided.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds .and determines that the recitals contained hereinabove are true
and. correct.
SECTION 2: Any and all work performed by governmental
agencies, utility companies and private contractors within street
right-of-way, including, without limitation, closing of traffic lanes,
detouring traffic or interfering with the normal parking pattern or
the pedestrian use of the sidewalk, shall only be conducted pursuant
to a permit issued by the City.
SECTION 3: The City Council of the City of Vernon hereby
establishes the encroachment, license, franchise and related fees as
set forth.. in the schedule attached hereto as Exhibit A and incorporated
herein by reference. The fees set forth in Exhibit A shall be paid
before the issuance of any permit, or the approval of any franchise or
license:
SECTION 4: The following exemptions to Section 3 shall
apply:
A. Utility companies-and other governmental agencies shall
not be required to make prior payment of issuance fees or make security
deposits where an express provision of a franchise agreement with the
City provides a different arrangement.
B. The City of Vernon Water Department, Light & Power
Department, Fiber Optic Division, and Gas Department shall not be
required to pay inspection, street damage restoration, and permit fees
inasmuch as the costs for permit services are accounted for internally
for the City departments.
C. No fees-shall be charged to governmental agencies with
reciprocal agreements.
SECTION 5: Effective April 15, 2011, the applicant for any
franchise, license, or encroachment permit shall provide general
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commercial liability insurance in an amount determined by the Risk
Manager and approved by the City Attorney of the City of Vernon prior
to the issuance of each franchise, license or encroachment permit.
SECTION 6: The City's Risk Manager shall require, in
connection with any policy or policies of insurance required by
Chapter 22, Article 6, that the insurance policy or policies name the
City of Vernon as an additional insured, and shall further provide that
said policy or policies may not be cancelled without giving the City of
Vernon at least ten (10) days written notice of the insurer's intention
to so cancel said policy or policies.
SECTION 7: Prior to the issuance of an encroachment permit
a faithful performance bond payable to the City of Vernon shall be
provided to the City in an amount as set forth in the schedule attached
hereto as Exhibit B and incorporated herein by reference.
SECTION 8: In addition to the above, the franchisee or
licensee shall pay all fees and deposits necessary to obtain the
required encroachment permits.
SECTION 9: The issuance fee and annual renewal fee for
franchises and licenses shall be revised as follows:
A. The issuance fee and annual renewal fee provided for
herein shall be adjusted annually to account for inflation based on the
Engineering News Record (ENR) Construction Cost Index. Beginning
July 1, 2011 and every July 1 thereafter, the issuance fee and annual
renewal fee will automatically increase by an amount calculated using
the following formula - multiply the most recent issuance fee and
annual renewal fee in effect by the percentage increase over the
previous 12 months immediately preceding the most recent publication of
the ENR Construction Cost Index existing. on July 1 of the year of the
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.increase. There shall be no reduction in fees by operation of this
provision..
B. In the event the ENR Construction Cost. Index is
discontinued such other Index or computation shall be used in order to
obtain substantially .the same result that would be obtained if the ENR
Construction Cost Index had not been discontinued.
SECTION 10: The fees provided for herein shall be
effective April 15, 2011, and all resolutions, or parts of
resolutions, not consistent with or in conflict with this Resolution,
including specifically Resolution No. 5088, are hereby superseded by
this Resolution.
SECTION 11: The City Clerk of the City of Vernon shall
certify to the passage, approval and adoption of this resolution, and
the City Clerk of the City of Vernon shall cause this resolution .and
her certification to be entered in the File of Resolutions of the
Council of this City.
APPROVED AND ADOPTED this 15t''day of March, 2011.
Hil~r_ i.o G4~~zales
Name:
Title: Mayor / ~~Qy - mo~~
ATT T:
Willard G. a g chi, City Clerk-
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STATE OF CALIFORNIA )
SS
COUNTY OF LOS ANGELES )
I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do
hereby certify .that the foregoing Resolution, being Resolution
No. 2011-36, was duly passed, approved and adopted by the City Council
of the City of Vernon at a regular meeting of the City Council duly
held on Tuesday, March 15, 2011, and thereafter was duly signed by the
Mayor or Mayor Pro-Te/m of the City of Vernon.
Executed this ~b day of March, 2011, at Vernon, California.
Willar G. Y uc City Clerk
(SEAL)
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EXHIBIT A
EXHIBIT A
ENCROACHMENT, LICENSE & FRANCHISE
FEES
FEE
PERMIT ISSUANCE FEE $75.00
PERMIT INSPECTION AND
PLAN CHECK FEES RATE
REGULAR TIME 7:00 A.M.-5:30 P.M. $84.50/HR.
OVERTIME-FRIDAY, SATURDAY,
SUNDAY, HOLIDAYS AND NIGHTS (4
HRS. MINIMUM $84.50/HR.
ANNUAL PERMIT FEE FOR ROUTINE
MAINTENANCE NO STREET CUTS $500.00
RECONSTRUCTION FEES-FOR • RATE MINIMUM
WORK COMPLETED BY CITY
ASPHALT PAVEMENT $11.75/SO. FT. $1,500.00
CONCRETE PAVEMENT
AND DRIVEWAY $13.25/SQ. FT. $1,500.00
CONCRETE SIDEWALK $6.75/SO. FT. $1,000.00
CONCRETE CURB &
GUTTER $35.00/LIN. FT. $1,500.00
ASPHALT, CONCRETE &
SOIL REMOVAL $9.00/SO. FT. $1,000.00
TREE REMOVAL $725.00 EACH $ 725.00
TREE PLANTING $800.00 EACH $ 800.00
LIGHTS, BARRICADES, OR $100.00/SERVICE CALL $100.00 plus $2.50/
WARNING DEVICES PLUS $2.50/BARRICADE/DAY BARRICADE/DAY
FURNISHED AND/OR
MAINTAINED
MONUMENT REPLACEMENT $2,000.00/monument $2,000.00
ALL OTHER DIRECT COSTS
TO THE CITY RESULTING
FROM THE PERMITEE'S
ACTIVITY, CALCULATED AT
ACTUAL COST PLUS
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ADMINISTRATIVE COSTS 15%
FRANCHISES AND LICENSES
(ISSUANCE & ANNUAL ISSUANCE ANNUAL
RENEWAL)
RAILROAD CROSSINGS,
CONVEYOR BRIDGES, AND
TUNNELS ACROSS A
STREET $25,000.00 $2,500.00
RAILROAD TRACKS, $25,000.00 FOR EACH ONE-HALF (1/2) $2,500.00 FOR
PIPELINES OR CONDUITS MILE OR PORTION THEREOF EACH ONE-HALF
.ALONG A STREET (1/2) MILE OR
PORTION
THEREOF
FOR PIPELINES OR '
CONDUITS ACROSS A
STREET OR A METERING
MANHOLE IN THE STREET $12,500.00 $1,250.00
FOR BUILDING FOOTINGS
AND APPENDAGES,
TRAFFIC SENSORS, SIGNS
AND ARCHITECTURAL
PROJECTIONS
$5,000.00 $500.00
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EXHIBIT B
EXHIBIT B
ENCROACHMENT PERMIT FAITHFUL PERFORMANCE BOND OR
CASH DEPOSIT REQUIREMENTS
The amount of an encroachment permit performance bond or cash deposit shall be determined
by multiplying the quantity of asphalt paving, concrete paving, sidewalk, concrete curb,
monuments and trench excavations proposed to be removed, disturbed or opened by the rate
shown in the table below, the sum of the totals shall establish the minimum amount of the bond
or deposit, except that in no case shall the faithful performance bond or cash deposit be less
than $5,000.
TYPE OF WORK TO BE RATE
PERFORMED
ASPHALT PAVEMENT $17.75/SO. FT.
CONCRETE PAVEMENT
AND DRIVEWAY $y9.75/SQ. FT.
CONCRETE SIDEWALK $10.25/SQ. FT.
CONCRETE CURB &
GUTTER $52.50/LIN. FT.
TRENCH EXCAVATIONS $7,500.00/EACH OPEN EXCAVATION
MONUMENT $3,000.00/MONUMENT
REPLACEMENT
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: March 16, 2011
TO: Ana Barcia, Deputy City Clerk
Rory Burnett, Finance Director/City Treasurer
Carlos Fandino, Director of Light & Power
Martha Valenzuela, Director of Business Services & Personnel
S. Kevin Wilson, Director of Community Services & Water
FROM: Willard Yamaguchi, City Clerk
RE: Resolution No. 2011-36 - A Resolution of the City Council of the City of Vernon
Establishing and Adopting Encroachment, License and Franchise Fees and Deposit
Schedules Pursuant to Chapter 22, Article VI of the Vernon City Code and Repealing
Resolution No. 5088
Transmitted herewith is a copy of Resolution No. 2011-36 referenced above, which was approved by City
Council on March 15, 201 L
Thank you.
WY:dj
Attachment
c: Resolution Nos. 2011-36, 508$
J y~ / J
RECEIVED
FEB 2 4 2011
CITY ADMINISTRATION
STAFF REPORT
COMMUNITY SERVICES.& WATER. DEPART
DATE: February 23, 2011
TO: Honorable Mayor and City Council
FROM: ..Samuel Kevin Wilson, Director of Community Services & Water
RE: Encroachment Fee Resolution
City of Vernon staff recently met with Southern California Gas Company officials to discuss the City
of Vernon's proposed Encroachment fee resolution. The City had proposed to establish a new permit issuance.
fee of $330.00 for an encroachment permit.- The City had calculated this fee based on the number of man hours
an average permit application took to process, including administrative processing, reviewing and approving the
insurance provided, `plan checking the drawings submitted, reviewing traffic control plans and performing
necessary research in order to determine that any excavations did not interfere with existing utilities. The Gas
Company questioned why the permit fee that was originally proposed was changed. from $75.00 to $330.00..
They did not question the amount, but how it was derived. City staff advised the Gas Company that the permit
fee originally proposed only included the administrative cost, but the fee now included all plan checking
services which had not previously been accounted fora.
After further consideration City Staff is recommending that the permit issuance fee only reflect the
administrative cost to the City. Encroachment permit projects can vary in complexity from projects requiring
street closures with complex traffic detouring, pipelining projects that can stretch for miles, to a simple pothole
in a parking lane requiring no traffic detouring.. Therefore it is not possible to have one. average plan check fee
that can covered the variety of projects the City will be permitting. Staff is now recommending that a separate.
plan check fee be charged based on the number of man hours spent reviewing the .plans. Attached herewith is a
revised resolution with a new fee schedule reflecting that the permit issuance fee be $75.00 and that the permit
plan check fee will be at a rate of $84.50 per hour.
SKW
Attachment
R.ECEI ~Y ~D `~OF VER
G L~.~N ~O
C+~, ~
FEB 2 8 2011
,
i~
CITY CLERK'S OFFICE ~~~`°s-~E~r,~o~s~~~
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Mark C. Whitworth, Citxxy Administrator
-FROM: Samuel Kevin Wilson-D'rector of Community Services & Water
DATE: February 23, 2011
SUBJECT: Encroachment Fee Resolution
City of Vernon staff recently met with Southern California Gas Company officials to discuss the City
of Vernon's proposed Encroachmentfee resolution. The City had proposed to establish a new permit issuance
fee of $330.00 for an encroachment permit. The City had calculatedthis fee based on the number of man hours
an average permit application took to process, including administrative processing, reviewing and approving the
insurance provided, plan checking the drawings submitted, reviewing traffic control plans and performing
necessary research in order to determine that any excavations did not interfere with existing utilities. The Gas
Company questioned why the permit fee that was originally proposed was changed from $75.00 to $330:00.
They did not question the amount, but how it'was derived. City staff advised the Gas Company that the permit
fee originally proposed only included the administrative cost, but the fee now included all plan checking
.services which had not previously been accounted for.
After further consideration City Staff is recommending that the permit issuance fee only reflect the
administrative cost to the City. Encroachment permit projects can vary in complexityfrom projects requiring
street closures with complex traffic detouring, pipelining projects that can stretch for miles, to a simple pothole
in a parking lane requiring no traffic detouring. Therefore it is not possible to have one average plan check fee
that can covered the variety of projects the City will be permitting. Staff is now recommending that a separate
plan check fee be charged based on the number of man hours spent reviewing the plans. Attached herewith is a
revised resolution with a new fee schedule reflecting that the permit issuance fee be $75.00 and that the permit
plan check fee will be at a rate of $84.50 per hour.
SKW
Attachment
DRAFT 11
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON ESTABLISHING AND ADOPTING ENCROACHMENT,
4 LICENSE AND FRANCHISE FEES AND DEPOSIT SCHEDULES
PURSUANT TO .CHAPTER 22, ARTICLE VI OF THE VERNON
5 CITY CODE AND REPEALING RESOLUTION NO. 5088
6
WHEREAS, Chapter 22, Article VI of the Vernon City Code
7
.specifies that the City Council of the City of Vernon shall, from time
8
to time, establish an encroachment fee and deposit schedule, a license
9
fee schedule and a franchise fee schedule and shall set the amount of
10
certain bonds and establish liability insurance requirements; and
11
WHEREAS,. on February 21, 1984, the City Council of the City.
12
of Vernon adopted Resolution No. .5088 adopting encroachment, license
13
and franchise fees and deposit schedules pursuant to Chapter 22 of the
14
Vernon City Code; and
15
WHEREAS, on 2010, the City Council of the
16
City of Vernon adopted Ordinance No. 1175 providing for the
17
establishment of a three-year restriction on cuts to newly paved or
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resurfaced streets, a two-year restriction on slurry sealed or chipped
19
sealed streets, and amending the Code regarding deposits or surety
20
bonds and liability insurance for encroachment permits and licenses;
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and
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WHEREAS, the Director of Community Services & Water by memo
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dated September 20, 2010, recommended that the .fees for
24.
encroachments, licenses and franchises be increased to reflect the
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increase in the-cost of service provided.
26
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DRAFT 11
1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
2 CITY OF VERNON AS FOLLOWS:
3 SECTION l: The City Council of the City of Vernon hereby
4 .finds and determines that the recitals contained hereinabove are true
5 and correct.
6 SECTION 2: Any and all work performed by governmental
7 agencies, utility companies and private contractors within street
8 right-of-way, including,- without limitation, closing of traffic lanes,
9 detouring traffic or interfering with the normal parking pattern or
10 the pedestrian use of the sidewalk, shall only be conducted pursuant
11 to a permit issued by the City.
12 SECTION 3: The City Council of the City of Vernon hereby
13 establishes the encroachment, license, franchise and related fees as
14 set forth in the schedule attached hereto as Exhibit A and incorporated
15 herein by reference. The fees set forth in Exhibit A shall be paid
16 before the issuance of any permit, or the approval of any franchise or
17 license.
18 SECTION 4: The following exemptions to Section 3 shall
19 apply:
20 A. Utility companies and other governmental agencies shall
21 not be required to make prior payment of issuance fees or make security
22 deposits where an express provision of a franchise agreement with the
23 City provides a different arrangement.
24 B. The City of Vernon Water Department, Light & Power
25 Department, Fiber Optic Division, and Gas Department shall not be
26 required to pay inspection, street damage restoration, and permit fees
27 inasmuch as the costs for permit services are accounted for internally
28 for the City departments.
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' DRAFT 11
1 C. No fees shall be charged to governmental agencies with
2 reciprocal agreements.
3 SECTION. 5: Effective the applicant for
4 any franchise, license,. or encroachment. permit shall provide general
5 commercial liability insurance in an amount determined by the. Risk
6 Manager and approved by the City Attorney of the City of Vernon prior
7 to the issuance of each franchise, license or encroachment permit.
8 SECTION 6: The City's Risk Manager shall require, in
9 connection with any policy or policies of insurance required by
10 Chapter 22, Article 6, that the insurance policy or policies name the
11 City of Vernon as an additional insured, and shall further provide that
12 said policy or policies may not be cancelled without giving the City of
13 Vernon. at least ten (10) -days written notice of the insurer's intention
14 to so cancel said policy or policies.
15 SECTION 7: Prior to the issuance of an encroachment permit
16 a fa hful performance bond payable to the City of Vernon shall be
17 provided to the City in an amount as-set forth. in the schedule attached
18 hereto as Exhibit B-and incorporated herein by reference.
19 SECTION 8: In :addition to the above,-.the franchisee or
20 licensee shall pay all fees and deposits necessary to obtain the
21 required encroachment permits.
22 SECTION 9: The issuance fee and annual renewal fee for
23 franchises and licenses shall be revised as follows:
24 A. The issuance fee and annual renewal fee provided for
25 herein shall be adjusted annually to account for inflation based on the
26 Engineering News Record (ENR) Construction Cost Index. Beginning
27 July 1, 2011 and every July 1 thereafter, the issuance fee and annual
28 renewal fee will automatically increase by an amount calculated using
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DRAFT 11
l the following formula - multiply the most recent issuance fee and
2 annual renewal fee in effect by the percentage increase over the
3 previous 12 months immediately preceding the most recent publication of
4 the ENR Construction Cost-Index existing on July 1 of the year of the
5 increase. There shall be no reduction in fees by operation of this
6 provision.
7 B. In the event the. ENR Construction Cost Index is
8 discontinued such other Index or computation shall be used in order to
9 obtain substantially. the same result that would be obtained if the ENR
10 Construction Cost Index had not been discontinued.
11 SECTION 10: The fees provided for. herein shall be
12 effective and all resolutions, or parts of
13 resolutions, not consistent with or in conflict with this Resolution,
14 including specifically Resolution No. 5088, are hereby superseded by
15 this Resolution.-
- 16 SECTION 11: The City-Clerk of the City of Vernon shall
17 certify to the passage, approval and adoption of this resolution, and
18 the City Clerk of the City of Vernon shall cause this resolution and
19 her certification to be entered in the Book of Resolutions of the
20 Council of this City.
21
22
23
24
25
26
27
28
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DRAFT 11
1 APPROVED AND ADOPTED this day of 2010.
2
3
4
Name:
5
.Title: Mayor / Mayor Pro-Tem
6 -
ATTEST:
7
8
WILLARD YAMAGUCHI, City Clerk
9
10 STATE OF CALIFORNIA )
11 ) ss
COUNTY OF LOS ANGELES )
12
13 - I, WILLARD YAMAGUCHI, City Clerk of the City of Vernon, do
14 hereby certify that the foregoing Resolution, being Resolution
- 15 No. was duly passed, approved and adopted by the City Council
16 of the `City of Vernon at a regular meeting of the .City Council duly
17 held on Monday, ,.and thereafter was duly signed by the
18 Mayor or Mayor Pro-Tem of the City of Vernon.
19 Executed this day of 2010, at Vernon,. California.
20
21 -
22 WILLARD YAMAGUCHI, City Clerk
23
(SEAL )
24
25
26
27
28
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DRAFT 11
1 EXHIBIT A
2
ENCROACHMENT, LICENSE & FRANCHISE
3
FEES
4 FEE
5 PERMIT ISSUANCE FEE $75.00
6 PERMIT INSPECTION AND
PLAN CHECK FEES RATE
7
REGULAR TIME (7:00 A.M.-5:30 P.M.) $84.50/HR.
8
OVERTIME-FRIDAY, SATURDAY,
9 SUNDAY, HOLIDAYS AND NIGHTS (4
HRS. MINIMUM) $84.50/HR.
10
ANNUAL PERMIT FEE FOR ROUTINE
11 MAINTENANCE (NO STREET CUTS) $500.00
12
13 RECONSTRUCTION FEES FOR RATE MINIMUM
WORK COMPLETED BY CITY
14
ASPHALT PAVEMENT $11.75/SO. FT. $1,500.00
15
CONCRETE PAVEMENT
16 AND DRIVEWAY $13.25/SO. FT. $1,500.00
17 CONCRETE SIDEWALK $6,75/SQ. FT. $1,000.00
18 CONCRETE CURB &
GUTTER $35.00/LIN. FT. $1,500.00
19
ASPHALT, CONCRETE &
20 SOIL REMOVAL $9.00/SQ. FT. $1,000.00
21 TREE REMOVAL $725.00 EACH $ 725.00
22 TREE PLANTING $800.00 EACH $ 800.00
23 LIGHTS, BARRICADES, OR $100.00/SERVICE CALL $100.00 plus $2.50/
WARNING DEVICES PLUS $2.50/BARRICADE/DAY BARRICADE/DAY
24 FURNISHED AND/OR
MAINTAINED
25
MONUMENT REPLACEMENT $2,000.00/monument $2,000.00
26
ALL OTHER DIRECT COSTS
27 TO THE CITY RESULTING
FROM THE PERMITEE'S
2 8 ACTIVITY, CALCULATED AT
ACTUAL COST PLUS
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DRAFT 11
1 ADMINISTRATIVE COSTS 15%
2 FRANCHISES AND LICENSES
3 (ISSUANCE & ANNUAL ISSUANCE ANNUAL
RENEWAL)
4
RAILROAD CROSSINGS,
5 CONVEYOR BRIDGES, AND
TUNNELS ACROSS A
6 STREET $25, 000.00 $2, 500.00
7
RAILROAD TRACKS, $25,000.00-FOR EACH ONE-HALF (1/2) $2,500.00 FOR
g PIPELINES OR CONDUITS MILE OR PORTION THEREOF EACH ONE-HALF
ALONG A STREET (1/2) MILE OR
g PORTION
THEREOF
10
FOR PIPELINES OR
11 CONDUITS ACROSS A
STREET OR A METERING
12 MANHOLE IN THE STREET $12,500.00 $1,250.00
13 FOR BUILDING FOOTINGS
AND APPENDAGES,
"°TRAFFIC SENSORS, SIGNS
14
AND ARCHITECTURAL
15 PROJECTIONS
16 $5,000.00 $500.00
17
18
19
20
21
22
23
24
25
26
27
28
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DRAFT 11
1 EXHIBIT B
2
ENCROACHMENT PERMIT FAITHFUL PERFORMANCE: BOND OR
3
CASH DEPOSIT REQUIREMENTS
4
5 The amount of an encroachment permit performance bond or cash deposit shall be determined
6 by multiplying the quantity of asphalt paving, concrete paving, sidewalk; concrete curb,
monuments and trench excavations proposed to be removed, disturbed or opened by the rate
7 shown in the table below, the ,sum of the totals shall establish the minimum amount of the bond
or deposit, except that in no case shall the faithful performance bond or cash deposit be less .
$ than $5,000.
9
10
TYPE OF WORK TO BE RATE
11 pERFORMED
12 ASPHALT PAVEMENT $17.75/SQ. FT.
13 CONCRETE PAVEMENT
14 AND DRIVEWAY $19.75/SQ. FT.
15 CONCRETE SIDEWALK $10.25/SQ. FT:
16 CONCRETE CURB &
GUTTER $52.50/LIN. FT.
17 TRENCH EXCAVATIONS $7,500.00/EACH OPEN EXCAVATION
18
19 MONUMENT $3,000.00/MONUMENT
REPLACEMENT
20
21
22
23
24
25
26
27
28
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