Resolution No. 6898
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RESOL~O.6898
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION
OF A LEASE BY AND BETWEEN THE CITY OF VERNON AND
THE NEW SOUTHEAST CITIES TRANSPORTATION
AUTHORITY
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WHEREAS, the New Southeast Cities Transportation
Authority ("NEW SECTA") desires to lease premises in the Vernon
city Hall to be used for the office of NEW SECTAi and
WHEREAS, the City of Vernon and NEW SECTA desire to enter
into a lease on a month-to-month basis which would provide office
space in the Vernon City Hall as well as certain services and
supplies to be used by NEW SECTAi and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
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The City Council of the City of Vernon does
hereby find and determine that the recitals contained hereinabove
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are true and correct.
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SE<;:TION 2: The City Council of the City of Vernon hereby
approves the Lease, a copy of which has been presented to the City
Council concurrently with this resolution, and the city Council
hereby orders said Lease to be received and filed by the city
Clerk.
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SECTJ;ON 3: The city Council of the city of Vernon hereby
authorizes the Mayor and the city Clerk to execute said Lease for,
and on behalf of, the City of Vernon.
SECTION 4: The City Clerk of the city of Vernon shall
certify to the passage of this resolution and thereupon and
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APPROVED AND ADOPTED this 17th day of December, 1996.
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ATT/L-~
BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
Vernon, do hereby certify that the foregoing Resolution,heing-
Resolution No.~, was duly adopted by the city Council of the
City of Vernon at a regular meeting of the City council du~y held
on Tuesday, December 17. 1996, and thereafter was duly signed by.
the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, c1 ty Clerk
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(SEAL)
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~_.6tf'Pl';< .
BXecut.1on . Copy.
LEASE
THIS LEASE.. is made , entered into and execut.edtn
duplin_.originals, either copy of .whiOh. maybe consi4ered.:-.nd
used.,.. the o1t'iqinal hereof for all purposes, .as ofthi. -. ~r::
dayo~~~~V' 1996,
8, BY AND a.ETWEEN
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THE NEW SOUTHEAST cItIES
TRANSPORTATION AU'l'K4R.ITY, a
Joint Powers Authority,
hereinafter referred t.oas
"Lessee,"
4305 Santa Fe AvanQa
Vernon, CA 9005&
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CITY OF VERNON ,hetelnat_t'
referred to as "'LeIlS011,"
4305 Santa Fe Avenue
Vernon, CA 90058
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RECITALS
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WHEREAS,' Lessee desires to lease premises in theVer,noft-
City Hall to be used for the office of Lessee; and
WHEREAS, Lessee has requested that the Lessor qonsider
entering into a lease on a month-to-month basis whiCh would
provide office space in the Vernon City Hall to be u$ed by-th4f!
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Lessee.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLYAGaUAS
SET FORTH HEREIN:
SECTIO~l. :' PJ:emi~es.
Lessor hereby leases to Le..ee tho.. certai.l't'preai....
herein called "said premises" in the City of Vernon, county ot LOs
Anqeles,stateofCalifornia, described as follows:
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Office space on the third floor ~rised Of
approximately 129 sq. ft.
SECTION 2: I.uJn.
This lease shall be a month-to-month tenancy oo..enDiaq
5 at 12:01 a.m. on September 1, 1996, and sha'll terminate upon
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thirty (30) days written notice by either party.
However, wUth
7 the consent of bOth parties herein, Lea.. may be suspended' bysafd .
8 parties for an indefinite term.
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SEC1iON 3: 1Ant.
10 Lessee agrees to pay to Lessor a fixed minillWl"r,ertt.alf"9J::
11 the useancl occupancy of said premises of $350.00 p......tb
12 payable on the first day of each and.everymontn cOMmeno~ng
13 September 1, 1996, at the office of the CityAcl1ainistrat:orottb.
14 Lessor located at the Vernon City Hall, or at such()~ p'laceOI:
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15 places as Lessor may from time to time desi9nate by writ~n no-tice
16 delivered to Lessee.
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SECTION 4: Per~ittedVse.
18 said"premises shall, during the term of this I."., be
19 used for the purpose of maintaining an office for the Lea...'s
20 General Manager..
21 Lessor shall provide office SQpplie., furniture, and
22 ameniti.. necessary to maintain a functional offic., ine-1\udin9,
23 but not limited to, the following: Office supplies consisting of
24 paper, pens, notepads, stapler, scissor., etc.; office furniture
25 consisting of a desk, two chairs, file cabinet, telephone, .aml in-
26 out desk tray; office amenities consisting of facsi_il., eoaputer.
27 printing, and photocopying, which are available as neacUad, and
28 operator telephone answering and mailing seX'V'ices, whicti ..re
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SECTIQ, 6: ,a.te or ~uisanQe.
LeSsee shall not commit or permit the commission ..by
others of any waste on said premises; L..see shall not ..iad:.&in,
commit, or permltthemaintenance or commission of anynu.isance as
defined in Section 3479 of the California Civil Code on ..id
premise.;anel Lessee Shall not use or permit the use of said
premises for any unlawful purpose.
SECTION 7: ComRliance with Law.
Lessee shall at Lessee's own cost and expense comply with
all statutes, ordinances, regulations, and requirements of all
governmental entities, both federal and state and county or
municipal, relating to Lessee's use and occupancy of..ld.pr:_i....
whether such statut.es, ordinances, regulations, and requirttJlent:s
be now in force or hereinafter enacted.. The judgment of aay:court.
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of competent jurisdiction, or the admission by Lessee in.
proceediniJ.brought against Lessee by any governmental eJlEi1ty, that
La.see has violated any such statute, ordin.nce, regulation, or
requirementahall be conclusive as between Lessor and Leasae and
shall be qrounds for termination of this lease by Lessor.
SECTION 8: Jpspection by Lessor.
Lesseeshall permit Lessor or Lessor'S agents,
representatives, or employees to enter saidpremisasat all
reasonable timea for the purpose of Inspectinq 8a14 pr..i....:to
determine whether Lessee is complying with the te~s olUis lease
and for the purpose of doing other lawful acts that _Yb.
nece8sa~ to protect Lessor's interest in said premises under this
lease or to perform Lessor's duties under this lease.
SECT tON 9: Surrender of ~remises.
On expiration or sooner termination of. this leue, lAJssee.
shall promptly surrender and deliver said premises to LeSsor in as
good condition as they are now at the date of this lea",'
reasona'ble weCU'. and tear and repairs hereinrequiredto~'_deby'
Lessor excepted.
SEqTION 10: Hold Harmless Clause.
. Lessee agrees to indemnify and hold Lessor and the
property of Lessor<, includitlg said premises, free and Ml1Iless
from any and all claims, liability, loss, duaqa, orft~~"s
resultinCJ fJ;:'om Lessee's occupation and use of said prelli..s,
specifically including, without limitation, any claim, li..11lty,
loss, or damage arising by reason of:
<a> The death or injury of any petson or person,
including Lessee or any person who is an employee or aqent ot
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1 Less.., or by reason 'Of the damage to or destructi'On 'OC; any
2 pJ:ioperty, inalucU.r\g property owned by Lesse. or any perSon wl&ois
3 an ..ployaa or agent of Lessee, and caused or allElCJedlyot.u." by
4 eit.ber the conditionel' said premises, or S01l8 act or oa.t_.t.' 'Of
5 Leas.. _ ofaomeagent, contractor, employee, serva., ~l_see"
6 or cOI'I:de..ionalreofLe.see on said pr..ises;
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(b) Any work performed on 11.:1.4 pr..i_es or_~_l.}
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(c) Lessee's failure to perform any provision of this
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S~CTIO~ 11: Workers'co~naat~on.
15 Leaseesball require all individuals using the facilities
16 to sign a written statement indicating that they 8q98Q,at thei;r
17 activities are not required by LeSsOr but are proaptedsolely .., .'
18 their own personal concerns and will not pursue the.. activit"'_
19 in such a way as to cause the Lessor to be r~iredto provide
20 workers' compensation coverage for said activities.
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SECTI9N.12: SUBLEASING OR ASSIGNING AS BREACH.
22 Lessee shall not encumber, assign, or otherwiae transfer
23 this lease, any right or interest in this lease, or any rl9bt or
24 interest in said premises, or any of the improvements t.hat _Y~w'
25 or hereafter be constructed or installed. on said pread._s,v'~ho1lt
26 the express written consent of Lessor first had and obCaibed~
27 Neither shall Lessee sublet said' premise. or any part .thereof or
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praises or any part thereof without the priQr writt............t. of
Lessor.
iECTI9~ 1~; ATTORNEY'S FEES.
Shoul<!any litigation be commenced between'thelMtti.sto
this. 1.... cone.erning said premises, tbis lease, ort" rigbt.and
dutl._ oteither in relation thereto, the party, Le~:or.L8..",
prevailing in such litigation shall be entitled, in a"1t-ion to
such other relief as DUly be qranted in the litigation,toa
r...onable sum and for their attorney's fees in suctt'llbiption
Which shall be determined by t.he court in suchlitigatl:an'ot' in: ..
separate action broug-htfor that purpose.
SECTION 14: NOTICES.
Except as otherwise expressly provided by law, any and
all notices or other communications required or perm it'tedby this
lease or by law to be served on or given to either partyberet.oby
the other party hereto shall be in writing and shall_ de_a
duly served and given when personally delivered to tbe ~~y to
whom they are directed, or in lieu of such personal _n;ice.when
deposited in the United States mail, first-class posta_p..paid,
addre.. to Less.e at 4305 Santa Fe Avenue, Vernon, california
90058, or t.o Lessor at 4305 Santa Fe Avenue, Vernon, California
90058. Either party, Lessee or Lessor, may change hi..~ far
the purpose of this section by giving written notice oe s~.
change to the other party in the manner provided in thls.aection.
SECTIOlf 15: SOLJ: ~ND ONLY AQREEMEl'fl'.
This instrument constitutes the sole and anlya9r_nt
between Lessor and Lessee respecting said premises, the leaslnq of
said premises to Les..e, or the lease term herein specified, and
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correctly sets forth the obligations of Leasor and Lea... t.G..ch
other as of this date. Any agreements or representatiom.
respeeti...aid premises or their lea.ing by Lessor to Lese.. not
expl'...ly';fIet. forth in this instrument are null and void.
D Wrr.M'ESS WHEREOF, the parties her.to hav.execu~this
Leas. ctcaus'" this Lease to be executed by their respective
officers, as of the day, month and year. first above:-wrlften and is
deeuaed to be effective as of the 1st day of September,-1996.
THE NEW SOUTHEASTCI1'!BS
TRANSPORTATION AUTHORI~
LESSEE
BY: ~E'~(~
ATTEST:
N~~~
HILAR 0 . GONS. . ES, .' ECRftARY
CITY OF.VERlIOlt
LESSOR
BY' ~~~.
..~EO~IS C. MALa.', GtlC.yr
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ATTES./('
BY: .
BRUCE V. MALKENHORST, city Clerk
APPROVID AS TO FORM:
BY:\)~~ 't>~ ~ ~
DAVDB.BREY,C Y ttorney
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Finance Committee Meeting Minutes July 20, 1998
Page 2
It was moved by Ybarra, seconded by Gonzales, that
.recommendation be made to City Council to approve the leasing of
an Electric Car or other Alternative Fuel Vehicle for three (3)
years at an approximate amount of $16,000 (not including tax).
Motion carried.
Communication from Bruce V. Malkenhorst, Director of
inance,,dated July 16, 1998, was presented, advising that in
.November of 1996, :the City entered into a Joint Powers Agreement
(JPA) with the Cities of Compton, South Gate, and Huntington
Park, which formed the New Southeast Communities Transportation
Authority (SECTA).
Since the other Cities have settled with the Alameda Corridor
.Transportation Authority, it would be appropriate. to dissolve New
SECTA.
It is hereby recommended that approval be granted to advise the
member Cities of Vernon's intent to terminate New SECTA, and
requesting that the other Cities take similar action.
It was moved by Gonzales, seconded by Ybarra, that. •
recommendation be made, to City Council. that approval be granted
to notify in writing.`the member Cities of Vernon's intent to
terminate New SECTA.- Motion carried.
.Communication from Bruce V. Malkenhorst, Director of
Finance, dated July 16, 1998, was presented, recommending
approval•of the Fire Department's request that the City adopt a
mandatory retirement age of sixty-five (65) years for the City's
Fire Department personnel.
It was moved by Ybarra, seconded by Gonzales, that
recommendation be made to City Council to approve a policy for.
the mandatory retirement age of sixty-five (65) years for the
City's Fire Department. personnel. Motion carried.
Consideration and discussion. of retaining the
consulting services of Michael R. Kodama for the pursuit of
economic 'development opportunities available through the Port of
Los Angeles and foreign trade representatives, was presented.
It was-moved by Gonzales., seconded by Ybarra, that
recommendation be made to City Council to seek the consulting
services, and retain same, of Michael R..Kodama,"for the pursuit
of economic development opportunities available through the Port.
of Los Angeles and foreign trade .representatives. Motion
carried.
It was moved by Ybarra, seconded by"Gonzales, that
the Committee go into Closed Session, Ltem No. 1, the time being
-4.;40 p.m. Motion carried.
All persons were excluded from Closed Session except
the Director of Finance.
The Chairman ordered all communications to and from
-the Closed Session deemed privileged and confidential.
i 1. With respect to every item of business to be
discussed in.Closed Session pursuant to Government Code Section
54957.
a. Public Employee Review: City Attorney
CITY COUNCIL DAVID B. BREARLEY
LEONIS C. MALBURG City Attorney
Mayor -FAX: (818) 330.5818
KEVIN WILSON
THOMAS A. YBARRA
Mayor Pro-Tem Director of Community Services & Water
FAX: (213) 588-2761
Wm. "BILL" DAMS
Councilman KENNETH J. DeDARIO
. ~ Director of Light & Power
H. "LARRY" GONZALES FAX: (213) 583-1983
Councilman ~
i i DAVE TELFORD
W. MICHAEL McCORMICK ICI' ~I~'l I~ Fire Chief
Councilman FAX: (213) 581-1385
BRUCE V. MALKENHORST CITY HALL LOUIS ROSENKRANTZ
City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 Police Chief
FAX: (213) 581-7924 TELEPHONE (213) 583-8811 FAX: (213) 581-1178
January 6, 1997
Albert Robles, General Manager
New Southeast Cities Transportation
Authority
4305 Santa Fe Avenue.
Vernon, California 90058
Re: Lease Agreement
Dear Mr. Robles:
Enclosed herewith are two duplicate originals of the above
referenced lease which have been executed by the appropriate
officials of the City of Vernon. Will you please have the Chairman
and Secretary of NEW SECTA execute both documents and return one
fully executed lease to me for the City's records.
Very truly yours,
CITY OF VERNON
G oria J. O sco
Chief Deputy City Clerk
GJO/hr
Enclosure
~,.p
/q't'r- ~O d
NEw NEW SOUTI~EAST CITIES rrRAI~TSPORTATION AUTI-IORITY
COMPTON • HUNTINGTON PARK • SOUTH GATE • VERNON
MEMORANDUM
Raul Perez
Chairman
ty of'n'embeq DATE: December 9, 1996
Huntington Park
TO: Bruce Malkenhorst
Mar"ne shave Vernon City Administrator
Vice Chairman
Mayor pro Tempore,
City of Compton
FROM: Albert Robles
Hilario Gonzales General Manager
Treasurer/Secretary
Councilmember' Lease Agreement with City of Vernon
City of Vernon
Albert Robles
Councilmember,
City nf9°nti, Gate Since September 1996, New SECTA has been housed on the third floor in
Vernon City Hall. The City of Vernon provides office supplies, furniture, and amenities
necessary to maintain a functional office, including but not limited to the following:
Albert Robles
General Manager office supplies consisting of paper, pens, notepads, stapler, scissors, etc.; office furniture
consisting of a desk, two chairs, file cabinet, telephone, and in-out desk tray; office
David B. Brearley amenities consisting of facsimile, computer printing, and photocopying are available as
Legal Counsel
needed. In addition, operator telephone answering and mailing services are provided on
a daily basis.
Although a lease agreement has been agendized for consideration and
possible action a few times, no action has been taken to approve a lease agreement with
the City of Vernon for said accommodations. After three months of operating and
evaluaing the demands and needs of the New SECTA office, enough information is nova
available to arrive at a fair lease agreement.
In determining the lease rate, we need to consider the average market
lease rate for similar office space (approximately 129 square feet) and include all of the
above noted office supplies, furniture, amenities, and services provided in a
comprehensive formula to arrive at an equitable lease agreement. To arrive at the
_ _ proposed lease agreement rate, input was provided by Chris Romero, whom spoke with
the Director of Community Services. Some items may appear unfairly priced, but what
is important is that the comprehensive lease package be fair.
4305 SANTA FE AVENUE • VERNON, CA 90058
PHONE: (213) 583-8811 EXT. 359 • FACSIMILE: (213) 585-4661
LEASE RATE FORMULA
average lease rate $1.25/sq. ft./month =$161.25/month
average faxing, photocopying, $0.50/fax, $0.10/copy =$88.00/month
and computer printing expenses $0.50/print
average office supplies expense $1.00/day =$16.00/month
lease of desk, chairs, $660 value =$55.00/month
and other furniture
operator telephone and $29.75./month =$29.75/month
mailing services
TOTAL $350.00/month
(Also included as .part of the comprehensive package, is the use of the City Council
Chamber facilities for New SECTA board meetings, janitorial services, utilities, etc.)
If you believe that the comprehensive lease package is not equitable, and
have suggestions as to how to improve the lease agreement, or would like to discuss any
specific item or items, please contact me.
If the lease package is acceptable to the City of Vernon, I will submit the
above information to New SECTA's legal counsel for the preparation of a formal lease
contract and resolution. When a draft lease contract is available, a copy will be
forwarded to the City of Vernon for your review and approval.
Thank you for your patience and understanding during these last three
months. This period allowed for the gathering of information and the evaluation of the
needs and demands of the New SECTA office. Hopefully, the result is a lease agreement
that is satisfactory to all parties.
cc: C. Romero
K. Wilson
^~r."' I'`1EVV SOUTI-IEAST CITIES rIry]ZAI~SPORTATION AUTHORITY
CoMi~~rc~i. • Hu~~r~~c;ror i~niih • Sourri Garr • ~~~:~zNC:>N
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Y
fy~'/,~YJ}f NJ
-Raul Perez
Chairman
of"1C"'`~r' DATE: December 9, 1996
1-Iun[ington Park
TO: Bruce Malkenhorst
Martine Shaw Vernon City Administrator
Vice Chairman
t,9.iporpr° Tempore,.
City of Compton
FROM: Albert Robles
xilario Gonzales General Manager
.Treasurer/Secretary
`°°"`"member, RE: Lease Agreement with City of Vernon
Ci4~ of Vernon
Albert Robles '
Councilmember, '
City.°f<~°tn c~ce Since September 1996, New SECTA has been housed on the third floor in
Vernon. City Hall. The City of Vernon provides office supplies, furniture, and amenities
necessary. to maintain a functional office, including but not limited to the following:
Albert Robles
General lv,a~Tger officesupplies consisting of paper, pens, notepads, stapler,.scissors, etc.; office furniture
consisting ofa desk, two chairs, file cabinet; telephone, and in-out desk tray; office
Davin s. Brearley amenities consisting of facsimile, computer printing, and photocopying are available as
>~al needed. In addition, operator telephone answering and mailing services are provided on
a daily basis.
.Although a lease agreement. has- been agendized for consideration and
.possible action a few times, no action. has been taken to approve a lease agreement with
the City of Vernon-for said accommodations. After three months of operating and
evaluating the demands and needs of the New SECTA office, enough information is now
available to arrive at a-fair lease agreement.
In determining the lease rate, we need to consider the average market
lease rate for similar office space (approximately 129 square feet) and include all of the.
.above noted office supplies, furniture, amenities, and services providedin a
comprehensive formula to arrive at an equitable lease agreement. To arrive at the
proposed- lease agreement rate, input. was. provided by .Chris. Romero,.. whom;spoke .with
the Director of Community Services. Some items may appear unfairly priced, but what
is important is that the comprehensive lease package be fair.
4.',05 SANTA FE AVENUI: VL-RNON, CA 90055
PHONL•: (213)553-5511 EXT. 359 FACSIT\1ILE: (213) 555-40,61
LEASE RATE FORMULA
average lease rate $1..25/sq. ft./month =$161,25/month
average faxing, photocopying, $0.50/fax, $0.10/copy =$88.00/month
_ and computer. printing. expenses _,$0.50/pant _ _ ~ _ _
average office supplies expense $1.00/day =$16.00/month
lease of desk, chairs, $660 value- =$55.00/month
and other furniture
operator telephone and $29.75/month =$29.75/month
mailing services
TOTAL X350.00/month
(Also included as part of the comprehensive package, is the use of the City Council
Chamber facilities for New SECTA board meetings, janitorial services, .utilities, etc.)
If you believe that the comprehensive lease package is not equitable, and
have suggestions as to how to improve the lease agreement, or would like to discuss any
specific item or items, .please contact me.
If the lease package is acceptable to -the :City of Vernon, I will submit the
above information to New SECTA's legal counsel for the preparation of a formal lease
yontract and resolution. When a draft lease contract is available, a copy will be
~o~varded to the' City of Vernon for your review and approval.,
Thank you for your patience and understanding during these last three
months. This period allowed for the gathering of information and the evaluation of the
needs and demands of the New SECTA office. Hopefully, the result is a lease agreement
that is satisfactory to all parties.
cca C. Romero .
_ _ _
_ . _
K. Wilson