Resolution No. 73231
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RESOLUTION NO. 7323
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF VERNON GRANTING A
VARIANCE TO LILLIAN KAMPH FROM
SECTION 26.4.2-8, DEVELOPMENT
STANDARDS, OF THE COMPREHENSIVE
ZONING ORDINANCE, FOR THE PROPERTY
LOCATED AT 3063 FRUITLAND AVENUE IN
THE CITY OF VERNON
WHEREAS, Lillian Kamph owns the property
located at 3063 Fruitland Avenue in the City of Vernon and
is requesting a variance from Section 26.4.2-8(c),
Development Standards, of the Comprehensive Zoning Ordinance
("Zoning Ordinance") ; and
WHEREAS, the property is unique in that the
existing building measures approximately 30,902 square feet,
was built with 2 non -conforming truck loading spaces, and
the building currently contains both warehousing and
distribution operations; and
WHEREAS, Section 26.4.2-7 (b) of the Zoning
Ordinance requires two truck loading spaces for buildings
with a gross floor area of between 25,001 and 50,000 square
feet in size; and
WHEREAS, Section 26.4.2-8 (c) of the Zoning
Ordinance specifies that each truck loading space shall be a
minimum of 10 feet wide and 65 feet long; and
WHEREAS, Section 26.4.6-4 (c) of the Zoning
Ordinance provides that a non -conforming building must
comply with these standards within five years of April 18,
1989 unless a variance is granted; and
r . f
1 WHEREAS, Lillian Kamph has requested permission to
2 utilize 2 non -conforming truck loading spaces on Fruitland
3 Avenue; and
4 WHEREAS, 3063 Fruitland Avenue is located in the M
5 zone and the operation is consistent with the objectives of
6 the General Plan and Zoning Ordinance; and
7 WHEREAS, strict application of the off-street
8 parking access and loading requirements of the Zoning
9 Ordinance would create an unreasonable hardship in that
10 recessing the non -conforming truck loading spaces would
11 require the applicant to demolish a significant portion of
12 its property or acquire additional property; and
13 WHEREAS, The existing use does not and will not
14 adversely affect the surrounding area because the applicant
15 has agreed to use shorter trucks at the truck loading space
16 fronting Fruitland Avenue to ensure that vehicles will not
17 extend into the street right-of-way while in the loading
18 space; and
19 WHEREAS, with approval of the variance the
20 facility will have the minimum number of truck loading
21 spaces as required by Section 26.4.2-7(b) of the Zoning
22 Ordinance; and
23 WHEREAS, the City Council has received a Staff
24 Report dated April, 19 1999, upon which it has relied in
25 making the foregoing recitals; and
26 WHEREAS, the City Council of the City of Vernon
27 held a hearing on said application for a variance on May 4,
28 1999.
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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
herein -above are true and correct.
SECTION 2: A variance from Section 26.4.2-8 of
the Comprehensive Zoning Ordinance, requiring all truck
loading spaces to be 10 feet wide by 65 feet long, is hereby
granted for the parcel of property at 3063 Fruitland Avenue.
SECTION 3: The variance granted is subject to the
following conditions:
a. The trucks using the truck loading spaces
fronting Fruitland Avenue shall be limited to less than 49
feet so that no truck shall extend into the street right-of-
way as shown on the Master Plan of Streets, dated June 16,
1992
b. All existing and future tenants shall be
notified of this restriction and a condition stating this
shall be placed in all future leases.
C. This variance shall automatically expire at
the time of any expansion or structural alteration of the
building, or on August 19, 2009, whichever occurs first, at
which time the use of the parking, access or loading area(s)
allowed by this variance shall be discontinued unless
brought into compliance with all applicable standards for
parking, access and loading areas set forth in the
Comprehensive Zoning Ordinance. It is the intent of the
City Council that said parking, access or loading area(s) be
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treated in the same manner as a legal nonconforming use
subject to section 26.4.E-4(b).
SECTION 4: Noncompliance with these conditions
shall constitute sufficient grounds for the City Council of
the City of Vernon to void this variance and require the
application of Zoning Ordinance Section 26.4.2-8 and the
authorized truck loading space requirement.
SECTION 5: 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 4th day of May, 1999
��LEON��ISC. MAL URG, MJyor
ATTEST•
BRUCE V. MALKENHORST, City Clerk
ME
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City
of Vernon, do hereby certify that the foregoing Resolution,
being Resolution No. 7323 was duly adopted by the City
Council of the City of Vernon at a regular meeting of the
City Council duly held on Tuesday, May 4, 1999 and
thereafter was duly signed by the Mayor of the City of
IVernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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SUPPORTING
DOCUMENTS
�. FILED
MAY 2 01999
3. MOR ORMA i r ULERK
NOTICE OF EXEMPTION
TO: Office of Planning and Research FROM: City o Vernon
1400 Tenth Avenue 4305 Santa Fe Avenue
Sacramento, CA 95814 Vernon, CA 90058
X County Clerk
County of Los Angeles
Environmental Filings
12400 E. Imperial Hwy. Rm 1101
Norwalk, CA 90650
Project Title
Lillian Kamph
Project Location - Specific
3063 Fruitland Avenue, Vernon, CA 90058
Project Location - City Project Location - County
Vernon - Los Angeles
Description of Nature, Purpose and Beneficiaries of Project
Lillian Kamph has requested a variance from the Comprehensive Zoning
Ordinance Section 26.4.2-8(c), Development Standards for the property
•located at 3063 Fruitland Avenue in the City of Vernon. The variance is
to allow the use of two non -conforming truck loading spaces. All the
loading spaces, however, will be restricted to trucks that do not extend
into the Public Right -of -Way.
Name of Public Agency approving project
City of Vernon
Name of Person or Agency carrying out project
Lillian Kamph
Exempt Status: (check one)
Ministerial (Sec. 21080 (b) (1); 15268
Declared Emergency (Sec. 21080 (b) (3); 15269(a));
Emergency Project (Sec. 21080 (b) (4); 15269(b) (c)).
X_ Categorical Exemption - Class 1 (Sec. 15301)
Statutory Exemptions
Reasons why project is exempt:
The project is egorically exempt from CEQA because it is an existing
faci Fit expansion of use as described in Section 15301.
o Area Code/Telephone/Extension
Samuel "Kevin" Wilson 323/583-8811/245
Date received for filing:
THIS NOTICk WAS poSTSD
ON MAY 2 0 1999
UNTIL RN 2 1 W
ISTRAR-RECORDUR/COUNTY CLER9t
April 21, 1999
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community
Services & Water
SUBJECT: VARIANCE - LILLIAN KAMPH
AT 3063 FRUITLAND AVENUE
Lillian Kamph has submitted a complete application for a
variance. They are proposing to utilize two non -conforming truck
loading spaces at their existing facility located at 3063
Fruitland Avenue. It is recommended that you receive this
application and that a public hearing be set for May 4, 1999.
SKW: pp
Attachment
Memo to Set PH.wpd
April 28, 1999
TO: Bruce V. Malkenhorst, City Administrator
FROM: Samuel "Kevin" Wilson, Director of Community
Services & Water
SUBJECT: VARIANCE - Lillian Kamph at 3063 Fruitland Avenue
Lillian Kamph has requested a variance from the
Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development
Standards for the property located at 3063 Fruitland Avenue in
the City of Vernon. The variance is to allow the use of two non-
conforming truck loading spaces. All the loading spaces,
however, will be restricted to trucks that do not extend into the
Public Right -of -Way.
Herewith is the following evidence:
1. Staff report.
2. Application for variance.
3. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing.
It is recommended that the variance be granted with the following
conditions:
a. The usage of the two truck loading spaces shall be
limited so that no truck parked at the loading docks shall extend
into the street right-of-way as shown on the Master Plan of
Streets, dated June 16, 1992.
b. All existing and future tenants shall be notified of
this restriction and a condition stating this shall be placed in
all future leases.
C. The owner of the property shall provide to the City of
Vernon a utility easement for the overhead electrical lines
located on the applicants property in a form and manner subject
to approval of the Director of Community Services and Water.
d. This variance shall automatically expire at the time of
any expansion or structural alteration of the building, or on
August 19, 2009, whichever occurs first, at which time the use of
the parking, access or loading area(s) allowed by this variance
shall be discontinued unless brought into compliance with all
applicable standards for parking, access and loading areas set
forth in the Comprehensive Zoning Ordinance. It is the intent of
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which you
may attend.
Place: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Tuesday, May 4, 1999 at 5:00 p.m.
Applicant: Lillian Kamph
The purpose of the hearing is to obtain testimony from
affected and/or interested persons regarding this application.
The public is also invited to submit written comments regarding
the request prior to the Hearing.
Request: Grant a variance to allow the applicant to
utilize two non -conforming truck loading
spaces.
Property Involved: 3063 Fruitland Avenue
in the City of Vernon
(see reverse side)
Review of the file: The application, maps, and supporting
information are available in the office of
Community Services, Vernon City Hall,
4305 Santa Fe Avenue, between the hours of
7:15 a.m. and 5:15 p.m. Monday through
Thursday.
If you challenge the granting of this Variance or any
provisions 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.
Bruce V. Malkenhorst -2- April 28, 1999
the City Council that said parking, access or loading area(s) be
treated in the same manner as a legal nonconforming use subject
to section 26.4.E-4(b).
SKW:pp
Attachments
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RESOLUTION NO. 7323
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF VERNON GRANTING A
VARIANCE TO LILLIAN KAMPH FROM
SECTION 26.4.2-8, DEVELOPMENT
STANDARDS, OF THE COMPREHENSIVE
ZONING ORDINANCE, FOR THE PROPERTY
LOCATED AT 3063 FRUITLAND AVENUE IN
THE CITY OF VERNON
Page 1 of 4
APPLICATION FOR VARIANCE
Application is hereby made to the City of Vernon, petitioning for a variance for
the following described property:
Legal description (give exact legal description) : Five (500) Hundred acres tract of
the Los Angeles Fruit Lot 32
(Parcel #6303-029-006)
e,_rgj location (give street address) : 3063 Fruitland Avenue
Name of Applicant (s) Lillian Kamph
(print or type name of business)
Mailing address_ 1320 East Ocean Front, Balboa, CA 92661 Phone No(949) 675-6660
fgcord Owner (s) of property: Name Lillian Kamph
Mailing address 1320 East Ocean Fronts Balboa, CA 92661 - Phone No. (949) 675-6660
Pr2ggrty Qwner(s) representative: Name Otto L. Aumack, Jr. (DAUM Commercial Real Estate)
Mailing address 123 South Figueroa Street, Suite 400 Los Angeles phone No. (213) 626-9101
California 90012
relationship to owner(s) (engineer, contractor, attorney, purchaser,
lessor) Real Estate Agent Written consent of owner (s) must be
attached.
Present use of property: Empty Present Zoning: Vernon
Proposed use of property: __Warehousing/manufac ur;ng/off;cas for bedding and any other
related legal uses.
How long has owner held title to this property? 1983
Are there any easements controlling the use of this propert No / Yes
described Expiration date
Are there any private or deed restrictions controlling use of this property?
( :) No Yes, describe
Page 2 of 4
Variance applied for (described in detail the nature and purpose of
this request for which the premises are to be used) attach additional
sheet(s) if necessary:
To seek a waiver of the 651 truck indenture setback that applies to the
Fruitland Avenue indenture.
NOTICE TO APPLICANT: In the variance procedure it shall be shown that
the following five (5) conditions exist in reference to the property
being considered. The applicant should answer the following
statements. If you have difficulty finding reasonable answers to the
statements contained in this application it may be an indication that
your request has insufficient factors to justify approval. (Attach
additional sheet(s) if necessary.
(1) That special conditions and circumstances exist which are peculiar
to the land, structure, or building involved and which are not
generally applicable. to other lands, structures, or buildings in the
same vicinity and zone:
The Fruitland Avenue truck indenture from the sidewalk to the loading dock floor
is 501 and any larger truck than 481 will be instructed to use the rear 651, from
sidewalk, loading dock.
(2) That literal interpretation of the provisions of this ordinance
would deprive the applicant of rights commonly enjoyed by other
propertied in the same vicinity and zone in which the property is
located, under the terms of this Chapter.
The Fruitland Avenue truck indenture will not be used to accommodate any vehicle
that would extend onto public right-of-way.
Page 3 of 4
(3) That the special conditions and circumstances do not result from
actions of the applicant:
The existing building has both a recessed interior loading dock and exterinr rear
loading dock.
(4) That granting the variance requested will not confer on the
applicant any special privilege that is denied by this Chapter to other
lands, structures, or buildings in the same vicinity and zone in which
the property is located:
Our understanding is that this waiver requested shall apply to any occupancy of -the -
Leased premises and the Lease will be specific in so indication of this restrigtion.
(5) That the granting of such variance will be in harmony and not
adversely affect the Comprehensive General Plan:
We understand that the law is to augment the plan to keep trucks fron interfering
with public right-of-way and we will see that this continues.
NOTE:
Non -conforming use of neighboring lands, structures, or buildings shall
not be considered grounds for the issuance of a variance.
Are the required site and design plot plans showing the area covered in
the legal desgx.3,ption and all existing and proposed improvements
attached? No/es)
Are the required three (3) area maps attached? No/ es
n3!17/99 13.57 FAX 2136210003 DAUM COMMERCIAL t�007, 012
Page 4 of 4
Is there a certified list attached of names and mailing addressee of
all property owners within 300' of a exterior boundaries of the
property in this application? No es
is the required fee enclosed? N /Y
Make check or money order payable o e City of Vernon.
I declare -under penalty of perjury that to the best of my knowledge and
belief the foregoing is true, complete, and accuraite.
Si e D
pro erty_owner(s) or owners representative
03/17/99 13:57 FAX 2136210903 DAUhi Cp4jMERC,IAL 003/012
PROPERTY OWNERS LIST STATEMENT
The undersigned has duly prepared the attached "Property owners List".
This list includes all of the names, and respective addresses, of
persons being owners of property any part of which is within 300 feet
of the outer boundaries of the property in subject zoning case. This
information is to be obtained from the latest available Los Angles
County Tax Assessment Roll.
This list was prepared on bo,`Zs; I q 9 1 from the
Tax Roll maintained at X/A) SSP--
(nam "nd loc/ltion f office)
It is understood that the accuracy and completeness of this list is the
responsibility of the applicant. _
Signed:
who prepared list)
On this day of 19gf71 before me the
undersigned a Notary Public in and for said county and State,
personally appeared
known to me, or proven to me to be the person that executed the within
instrument.
WITNESS my hand and offici#Qp a1.
Notary Public Hi-fi andJoor said County and `9'tate
My commission es: � 2Q�
OTTO L. RUMACK, JR.
CVLOMM. # 11s8427
NOTARY PUBLIC-CALIFORNIA
LOS ANGELES COUNTY A
COMM. EXP. JUNE 26, 2002 -
0
Si d:
(Applicant)
� �.,/V a �j yy//.//.//-- //��yy�� f(.i�,rrae. �uvtr.�lriz� jr x•
l.'.U.��Zi�•'yLU�i��U�'�'ruxrir�srf-
A CORPOETE DIY _.
March 25, 1999
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, CA 90059
R,E; Variance for 3061 Fruitland Avenue, Vemon, CA 90058
TO W 140M IT MAY CONCERN'
Pacific Designs, established in 1985, is,a mangier of bedding products. The campar%Y
assembles and mmufacumm #2 types o f beddh* aoceakades i am comforters to piilowa.
The desire to relocat_ their opemdon #learn Los Angeles to Vernon is the reed for additional
expaasion space as wall as Vernon's pro business Cnviro!>tmcesnnt For manufaoturers.
The request for the Variance oii the Fruitland Avetlua PrepertV is to seek a waiver of tho 65'
truck indents.urc setback that appliea to the Fruitbmd Av*VUe indenture. This indcntum will 2M be
used to accommodate any vebick that would extend onto the public right of way, With the
existing building having a Cxmior rMatU&&ng dock tarp enougbL to accommodate larger
vehicles, Pacific Designs finds tho raotiicfion on the fiyont leading positions tolerable for its
o#�ersatians.
It is Pacific: Designs undrrsttmdin$ tip the l will be specif is iA indicating this restriction and
Pacific Designs fiuther understands thm the lave is to AmBa tkt Ehe plan to keep trucks f m
imertering with public right -or -way anti Pacific Designs wffl gee that this continues.
5inv.. rely,
SAr016bb
4619 S. ALAMEDA STREET, LOS ANGELES, CALIFORNIA 90058 • TEL: (323) 234-6131 • FAX, (323) 234-5086
ff
AW
C�.�` ✓_../ �_lcrruexclurri- �f " rrxrrnrf f�c�rre, �`rnrtr.�zifa�r
A CORPORATE MV.
March 25, 1999
CITY OF VERNON
4303 Santa Fe Avenue
Vernon, CA 90059
R.E, Variance for 3063 Fruitland Avenue, Vemmm, CA 90058
-i0 WHOM IT MAY CONCERN -
Pacific 1>esignns, established in 1985. is a mawfamuez of bedding products. The company
assernble;s quid mmufactures $A types of'beddistg ao eswrie s froth ewnforters to pillows.
The desire to relocatz their operation from Los Angeles to lie non is the need for additional
txpansion space as well as Vernon's pro business a nvironMent for n=ufactuxerc.
The request for the Varia=v nit the Fruitland Avenue Property is W seek a waiver of the 63,
truck indenture setback that applies to the Fruitlaul; Avevm . ibis indcnturt will = be
used to accommodate any ve-hide that would extend onto the public right of way, With the
existing isuilding. haying a exterior rear!liosding dock large enoug%so accom.-nodate larger
vehicles, Pacific Designs finds the regtiiptlon on the front loading positions tolerable for its
operations.
It is Pacific Designs understanding that ihe Lease vvill be specific is indicating this restriction and
Pacific Designs further understands thzt the law is to aunt the plan to keep trucks from
in.terfar ing with public right -or -way and Pacific Designs will see that this cantinues.
Sin"rely:
DESIGNS
Mike
Dated: Z
sNua�t,a
4619 S. ALAMEDA STREET, LOS ANGELES, CALIFORNIA 90058 • TEL. (323) 234-5131 - FAX; (323) 234-5086
/'ram r / %rr� ■ • f� L
�"f (�`,//�/ // �.-'CICYIlt�ClG�!/'E'!"' �U�' � �uxrusrf• �rre ./illl�/�/Jl�!%�'
A CORPORATE DIV. _
March 25, 1999
CITY OF VERNON
4305 Santa Fe Avenue
Vernon, CA 90059
RE: Variance for 3063 Fruitland Avenue, Ve mon, CA 90058
TO w140M IT MAY CONCERN:
Pacific Designs, established in 1985. is.a manuftwor of bedding products. Tice: compariy
asscmblc5 and maztufacWreS 02 types af.bedding 000e8WACS from c0mfortcrs to pillows.
The desire to relocate their operwion ftm Los Angeles to Vernon is the aced for additional
txpans ion space as well as Vernon's pro business envirorment for nmufWTW..M.
Tho request for the Variance on the Fraitlerd Av=w PrapertX is to seek a waiver of the 65'
truck indenturc setback that applies to tuna Fruitland AVa*Ue indenture. This ilydcnture will =1 be
used to accommodate unyvcbick the would extend onto the public right of way, With the
existing building having a extedor rm 46eding dock large enough to accommodate larger
,,•thioles, pacific Designs finds** res6jpdon on the front loading positions tolerable for its
opezatiozis.
It is Pacific Dasigus uadetstattding tlaa t,tiic Lase will be spedfic iz indicating this restriction and
Facitic'Designs further undmtsnds thatt the law is to auarkt the plan to keep trucks from
interfering with public right-m6way and Pacific D4cfig7ns Will. see that this tontiftues.
Sinoorely,
DESIGNS
Mike p
Dated; 22, 1f
SA)03465 .
4619 S. ALAMEDA STREET, LOSANGELES, CAUFORNIA 90058 • TEL; (323) 234-5131 • FAX. (323) 234-5086
City of Vernon
NOTICE C
4305 Santa Fe Avenue
Vernon, Califomia 90058
(323) 583-8811
The City of Vernon will conduct'a Public Hearing which you
may attend.
Place: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
Time: Tuesday, May 4, 1999 at 5:00 p.m.
Applicant: Lillian Kamph
The purpose of the hearing is to obtain testimony from
affected and/or interested persons regarding this application..
The public is also invited to submit written comments regarding
the request prior to the Hearing.
Request: Grant a variance to allow the applicant to
utilize two non -conforming truck loading
spaces.
Property Involved: 3063 Fruitland Avenue
in the City of Vernon
(see reverse side)
Review of the file: The application, maps, and supporting
information are available in the office of
Community Services, Vernon City Hall,
4305 Santa Fe Avenue, between the hours of
7:15 a.m. and 5:15 p.m. Monday through
Thursday.
If you challenge the granting of this Variance or any
provisions 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.
ER17CE V . MALKENHORS
City Administrator/ ity Clerk
i.?
CITY COUNCIL
IX", S C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
Wm. 'BILL" DAVIS
Councilman
H. "`CARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 581-7924
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
April 22, 1999
Interested parties or property owners:
DAVID B. BREARLEY
City Attorney
FAX (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX (323) 588-2761
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX (323) 583-5236
Enclosed herewith for your information is a Notice of Public Hearing
to consider an application for variance for the property at 3063 Fruitland
Avenue in the City of Vernon. The applicant, Lillian Kamph, is requesting
a variance from Section 26.4.2-8(c), Development Standards, of the
Comprehensive Zoning Ordinance to allow the use of 2 non -conforming truck
loading spaces. The building was originally designed with one
conforming and two non -conforming truck loading docks measuring
approximately 10 and 12 feet in width and 50 feet in length. The
currentComprehensive Zoning Ordinance requires truck loading spaces to be
10 feet in width and 65 feet in length.- All the loading spaces, however,
will be restricted to trucks that do not extend into the Public Right -of -
Way.
A copy of the application and supporting evidence is available for
public review at my office between the hours of 7:15 a.m. and 5:15 p.m.'
Monday through Thursday.
You are welcome to attend the meeting on May 4, 1999 or to send
written comments prior to the meeting if you so desire.
This notice is intended for interested parties or property owners
within the project area. If you are no longer a property owner in this
area, please forward this notice to the new property owner.
Direc
S KW : pp
Enclosure
n, P.E.
s r-
Water
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON. )
I, Peter Pirnejad, Planning Assistant of the City of
Vernon, do hereby certify that I did, on the 22°d day of
April, 1999, post three (3) copies of:
NOTICE OF PUBLIC HEARING to be held 05/04/99, (see
attached copy) regarding a variance application for
Lillian Kamph. to utilize 2 nonconforming truck loading
docks at 3063 Fruitland Avenue in the City of Vernon.
One in each of the following places to wit: At the
northwest corner of 38th Street and Santa Fe Avenue; the
northeast corner of Leonis Boulevard and Pacific
Boulevard; and on the bulletin board in the lobby of the
City Hall of the City of Vernon, located at 4305 Santa Fe
Avenue, all in said City, there being no newspaper of
general circulation printed and published in the City of
Vernon.
Date: y
Peter Pirnejad, Planning Assistant
State of California )
) ss.
County of Los Angeles )
On t �3ggg before me, V V a Rn
Notary Public, personally appeared Peter Pirnejad,
personally known to me (or known to me on the basis of
satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged to
me that he executed the same in his authorized capacity,
and that by his signature on the instrument the person,
or the entity upon behalf of which
executed the instrument.
the person acted,
MARTHA Vr' LENWELA
Comm! 4.41098533
WITNESS my hand and of f icialeal �NotaryPw�.:i;—CcOomNp
Los Angeles County
My Comm. Expkw Moy 23.=
�iIZZ�
AFFIDAVIT OF MAILING
I, Peter Pirnejad, declare as follows:
1. That I am employed by the City of
Vernon in the position of Planning Assistant in the
Department of Community Services.
2. That on April 22, 1999 I mailed a copy of
NOTICE OF PUBLIC HEARING to be held on May 4, 1999 along
with the attached letter regarding a variance application
for Lillian Kamph. to utilize 2 nonconforming truck
loading docks at 3063 Fruitland Avenue, to the owners,
tenants and interested parties on the attached lists, by
United States Mail with postage prepaid.
,
a= �
STAFF REPORT
LILLIAN KAMPH
3063 FRUITLAND AVENUE
VARIANCE APPLICATION
(April 19, 1999)
Lillian Kamph has requested a variance from the
Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development
Standards for the property located at 3063 Fruitland Avenue in
the City of Vernon.
The variance is to allow the use of two non -conforming truck
loading spaces. The building was originally designed with one
conforming and two non -conforming truck loading docks measuring
approximately 10 and 12 feet in width and 50 feet in length. The
current Comprehensive Zoning Ordinance requires truck loading
spaces to be 10 feet in width and 65 feet in length. The
applicant has agreed to only use trucks that do not extend into
the Public Right -Of -Way thus complying with the length
requirements for truck loading spaces. The building is 30,902
square feet and is proposed to be used for warehousing and
distribution.
The previous occupant, American Laminating applied for a
similar variance in 1993. As a condition of the Variance the
applicant was limited to using trucks that where not in excess of
49 feet.
Section 26.4.2-7(b) of the Comprehensive Zoning Ordinance
requires two truck loading spaces for buildings with a gross
floor area of between 8,001 and 25,000 square feet in size.
Section 26.4.2-8 (c) of the Comprehensive Zoning Ordinance
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specifies that each loading space shall be a minimum of 10 feet
wide and 65 feet long and Section 26.4.6-4 (c) provides that the
non -conforming building must comply with these standards within
five years of April 18, 1989 unless a variance is granted.
The proposed site is surrounded by industrial uses
compatible with the proposed use. No potentially significant
impacts are expected to result from the project. The project is
categorically exempt under Section 15301 of the California
Environmental Quality Act because it is an existing facility with
no expansion of use. A Notice of Exemption will be prepared and
filed with the County Clerk.
Staff proposes the following findings:
a) Recessing the non -conforming truck loading spaces to meet
dimensional requirements would require the applicant to demolish
a significant portion of their property or acquire additional
property which would cause a significant financial hardship.
b) This variance will not adversely affect the interest of
the public or the interests of other residents and property
owners within the vicinity of the premises because the applicant
has agreed to use shorter trucks at the truck loading space
fronting Fruitland Avenue to ensure that vehicles will not extend
into the street right-of-way while in the loading space.
c) With the approval of this variance the facility meets the
minimum number of conforming truck loading spaces as required by
section 26.4.2-7(b) of the Comprehensive Zoning Ordinance.
The operation is in conformance with the Comprehensive
Zoning Ordinance and the General Plan. Therefore, it is
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`X , ,y
recommended that the variance be granted with the following
conditions:
a. The usage of the two truck loading spaces shall be
limited so that no truck parked at the loading docks shall extend
into the street right-of-way as shown on the Master Plan of
Streets, dated June 16, 1992
b. All existing and future tenants shall be notified of
this restriction and a condition stating this shall be placed in
all future leases.
C. The owner of the property shall provide to the City of
Vernon a utility easement for the overhead electrical lines
located on the applicants property in a form and manner subject
to approval of the Director of Community Services and Water.
d. This variance shall automatically expire at the time of
any expansion or structural alteration of the building, or on
August 19, 2009, whichever occurs first, at which time the use of
the parking, access or loading area(s) allowed by this variance
shall be discontinued unless brought into compliance with all
applicable standards for parking, access and loading areas set
forth in the Comprehensive Zoning Ordinance. It is the intent of
the City Council that said parking, access or loading area(s) be
treated in the same manner as a legal nonconforming use subject
to section 26.4.E-4(b).
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J �
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
Wm. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL McCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator / City Clerk
FAX (323) 581-7924
City Council
City of Vernon
DAVID B. BREARLEY
City Attorney
FAX: (626) 330-5818
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 588-2761
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
Honorable Members:
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 583-1983
DAVE TELFORD
Fire Chief
FAX: (323) 581-1385
BRUCE W. OLSON
Police Chief
FAX: (323) 583-5236
April 28, 1999
Lillian Kamph has requested a variance from the
Comprehensive Zoning Ordinance Section 26.4.2-8(c), Development
Standards for the property located at 3063 Fruitland Avenue in
the City of Vernon. The variance is to allow the use of two non-
conforming truck loading spaces. All the loading spaces,
however, will be restricted to trucks that do not extend into the
Public Right -of -Way.
Herewith is the following evidence:
1. Staff report.
2. Application for variance.
3. Notice of Public Hearing, copies of notification
letters to owners and tenants in the area and
affidavits of posting and mailing.
It is recommended that the variance be granted with the
following conditions:
a. The usage of the two truck loading spaces shall be
limited so that no truck parked at the loading docks shall extend
into the street right-of-way as shown on the Master Plan of
Streets, dated June 16, 1992.
b. All existing and future tenants shall be notified
of this restriction and a condition stating this shall be placed
in all future leases.
City Council April 28, 1999
Page 2
C. The owner of the property shall provide to the City
of Vernon a utility easement for the overhead electrical lines
located on the applicants property in a form and manner subject
to approval of the Director of Community Services and Water.
d. This variance shall automatically expire at the
time of any expansion or structural alteration of the building,
or on August 19, 2009, whichever occurs first, at which time the
use of the parking, access or loading area(s) allowed by this
variance shall be discontinued unless brought into compliance
with all applicable standards for parking, access and loading
areas set forth in the Comprehensive Zoning Ordinance. It is the
intent of the City Council that said parking, access or loading
area(s) be treated in the same manner as a legal nonconforming
use subject to section 26.4.E-4(b).
Very truly yours,
Bruce V. Malkenhorst
City Clerk
BVM:rcm
. i
Lucille Roybal-Allard
Charles Calderon
Martha Escutia
55 E.
55 2TempleStreet
State Senator - 30a' District
State Assemblywoman
suite 18611
400 N. Montebello Boulevard
2650 Zoe Avenue - 21 Floor
Los Angeles, CA 90012
ATTN: Anna Figueroa
Montebello, CA 90640
Huntington Park, CA 90255
Dolores Petullo
Planning Department
Planning Department
Chamber of Commerce
6550 Miles Avenue
2535 Commerce Way
3801 Santa Fe Avenue
Huntington Park, CA 90255
Commerce, CA 90040
Vernon, CA 90058
City of Los Angeles
NNIM
L.A. Unified School
Environmental Planning Department
Planning Department
Real Estate and Asset Management Brant,
221 N. Figueroa Street
6330 Pine Street
Environmental Review Unit
355 south Grand Avenue, suite 500
Room 1500
Bell, CA 90201
Los Angeles, CA 90071
Los Angeles, CA 90012
E 1
L os Angeles County
Gloria Molina
Mothers of East L.A.
Director of Planning
Board of Supervisors
P
Ms. Guiterrez
James Had - Room 1390
500 West Temple Street
924 S. Mott Street
320 West Temple Street
Suite 856
Los Angeles, CA
Los Angeles, CA 90012
Los Angeles, CA 90012
90023
Management District
Planning Department
Planning Department
21865 E. Copley Drive
5220 Santa Ana Street
4319 Slauson Avenue
Diamond Bar, CA 91765
Cudahy, CA 90201
Maywood, CA 90270
Dave Karrker
Smooke - c% Wellman Properties
Joseph R. Garruba
California Water Service
405 Mateo Street
California Portland Cement Co.
5243 E. Sheila Street
Los Angeles, CA 90013-2219
2025 E. Financial Way
Commerce, CA 90022
Glendora, CA 91740
J.J. Little
Sidney R. Title
John Kinas
J.J. Little Company, Inc.
Market Properties, Inc.
United States Aluminum
9945 Malgar Drive
5245 Pacific Concourse
3663 Bandini Boulevard
Whittier, CA 90603
Suite 190
Vernon, CA 90023
Los Angeles, CA 90045
L.R. Luppen
H.P. Long
Ron Natik
Metal Products Engineering
Sweetener Products
33 Pleasant Oak Drive
3050 Leonis Boulevard
2050 E. 38a' Street
Sp n ' e, CA 93265
Vernon, CA 90058
Vernon, CA 90058
Catellus Development Corp.
Louis Chertkow
Ellen Orlando
The Bradbury Building
Elkay Plastics Company, Inc.
Karen Lehrer
304 S. Broadway, 41 Floor
P.O. Box 23008
2300 E. 11"' Street
Los Angeles, CA 90013
Vernon, CA 90023
Los Angeles, CA 90021
Connie M. Carrasco, President E.J. Contreras Brent P. Chappell
Chem -Tech Systems, Inc. Owens -Brockway Catellus Development Corporation
3650 East 2611 Street 2901 Fruitland Avenue 304 S. Broadway #4THFL
Vernon, CA 90023 Vernon, CA 90058 Los Angeles, CA 90013-1209
James H. Hilands City of Long Beach Scott Simpson
Heger Realty Corporation Office of the City Manager U.S. FILTER RECOVERY
5657 E. Washington Boulevard City Hall SERVICES, (CALIFORNIA), INC.
Los Angeles, CA 90040 333 W. Ocean Boulevard, 131 Floor P.O. Box 58128
Long Beach, CA 90802 Los Angeles, CA 90058
.Local. Government Information
Services
P.O. Box 10448
Arlington, Virginia 22210-1448
Lillian Kamph Trust Owens Illinois glass Container Inc.
1320 East Ocean Front #1 Seagate
Balboa, CA 92661 Toledo, OH 43604
Los Angeles By Product Company Detrex chemical Industries
1810 east 251h Street P.O. Box 501
Los Angeles, CA 90058 Detroit, Michigan 48231
Joe Dspeker & Irma Trust
P.O. Box 35253
Los Angeles, CA 90035
Ma trac C, Sam / David
3080 East 5011 Street
Vernon, CA 90058
Euclid Steel Faricating Co., Inc.
1830 East Ball Road
Anaheim, CA 92805
Barilev Investments
5215 Boyle Avenue
Los Angeles, CA 90058
United Engineering
C/O Frederick Dulien
833 West 17t' Street #4
Costa Mesa, CA 92627
Catherine Spellman, Trustee
Spellman Trust
1057 Carmel Drive
Simi Valley, CA 93065
Euclid Steel Fabricating Co., Inc.
1830 East Ball Road
Anaheim, CA 92805
Aluminum Company of America
5150 Alcoa Avenue
Vernon, CA 90058
Roy alexander/Leslie S. Trust
3007 Fruitland Avenue
Vernon, CA 90058
Trent Anderson
126 South Windsor Boulevard
Los Angeles, CA 90004
L.A., Junction RY Company
Euclid Steel Fabricating Co., Inc.
22498 Whirlaway Court
Canyon Lake, CA 92587
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EXECUTION COPY
CDBG INFRASTRUCTURE LOAN AGREEMENT
THIS CDBG INFRASTRUCTURE LOAN AGREEMENT (hereinafter
"Agreement") is made, entered into and executed in duplicate
originals, either copy of which may be considered and used as the
original hereof for all purposes, as of this 4th day of May, 1999,
in the City of Vernon, County of Los Angeles, California
BY AND BETWEEN THE CITY OF VERNON (hereinafter
referred to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058-0805
AND SANDBERG FAMILY LLC
(hereinafter referred to as the
"Borrower")
3251 E. Slauson Avenue
Vernon, California 90058
RECITALS
WHEREAS, the Borrower has applied to the City for a
Community Development Block Grant ("CDBG") loan for the purpose of
helping to finance public infrastructure improvements for the
development known as the Alcoa Project ("the Project"); and
WHEREAS, the City is willing to make such a loan to the
Borrower on the terms and conditions herein set forth.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
SET FORTH HEREIN:
1. THE LOAN.
a. Loan/Note: Subject to the terms and conditions
of this Agreement, th&tlCity hereby` -agrees to lend the Borrower the
amount of Seventy Thousand Seven Hundred Twenty Dollars and No
Cents ($70,720.00) (hereinafter called "Loan") by depositing said
funds in an escrow account as set forth hereinafter.
1 b. Loan Repayment. The obligation of the Borrower
2 to repay the City shall be evidenced by a promissory note
3 (hereafter the "Note") of the Borrower substantially in the form
4 of Attachment "A." Such Note shall be secured by a standby letter
5 of credit with the City of Vernon designated as beneficiary issued
6 by a bank acceptable to City in the amount equal to the principal
7 amount of the Loan plus all interest thereon that will have
8 accrued as of December 1, 2001, and shall be subject to a personal
9 guarantee by William Sandberg. The interest rate on the Loan
10 shall be seven percent (7%) per annum.
11 C. Deferral of Payments. The repayment of the Loan
12 shall be deferred to December 1, 2001. Interest shall accrue on
13 the unpaid principal during the deferral period, compounded
14 monthly.
15 d. Forgiveness of Loan. If the infrastructure
16 improvements are located on public property and if the terms and
17 conditions of this Agreement are fully met, repayment of all or
18 part of the Loan will be forgiven. Forgiveness shall be
19 determined by the number of jobs created and retained for a
20 minimum of twenty-four (24) months. The percentage of the Loan
21 forgiven shall correspond to the percentage of required jobs so
22 created and retained. If the terms and conditions of this
23 Agreement are not fully met, repayment shall be made as set forth
24 hereinafter.
25 e. Repayment of Loan. The term of the Loan shall be
26 from the date escrow closes until December 1, 2001. The entire
27 principal amount due, with accrued interest, shall be repaid on
28 December 1, 2001, at the address specified by the City, except to
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the extent all or part of the Loan has been forgiven. Prepayment
of the Loan is allowable with no prepayment penalty.
f. Purpose. The purpose of the Loan is to help
finance installation of infrastructure on public property
consisting of street, storm drain, water system and utility
improvements.
g. Employment. As a condition of the Loan, the
Borrower agrees, for its own account or through Sandberg
Manufacturing, Inc., to create at a minimum four (4) full time
jobs, allowing for some full-time equivalents, not later than
December 1, 1999, and to retain such jobs for a minimum of twenty-
four (24) months. At least fifty-one percent (51%) of all jobs
created as a result of this Loan must be filled by members of the
Targeted Income Group. The Targeted Income Group guidelines,
adopted by the State and dependent on family size, are attached to
and made a part of this Agreement as Attachment "B."
h. Disbursement of Funds. Funds shall be disbursed
by the escrow agent as two-party checks payable to the Borrower
and a contractor only upon presentation of invoices from said
contractor, evidencing materials, services or labor provided in
connection with the Project approved by the City.
i. Escrow. The escrow agent shall be Commerce
Escrow, 1545 Wilshire Boulevard, Suite 600, Los.Angeles,
California 90017, attention: Marleny Martin, or another firm
mutually acceptable to City and Borrower. Borrower shall be
responsible for all routine charges and fees for services of the
escrow agent. Escrow shall close when all loan funds have been
disbursed or when the Project is otherwise completed and no
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1 outstanding expenses payable with the loan proceeds remain to be
2 paid, at which time the escrow agent shall provide an accounting
3 to the parties of the amounts disbursed and any unused balance.
4 The unused balance, if any, may be used to pay the charges and
5 fees of the escrow agent, and the remaining sum, if any, shall be
6 refunded to City and credited to Borrower as a payment of
7 principal on the Note.
8 2. REPRESENTATIONS TERMS AND CONDITIONS.
9 The Borrower represents, warrants, and covenants as set
10
forth in Attachments "C," "D," and "E." The Borrower agrees with
11 each of the terms, conditions, covenants and commitments contained
12 herein and in Attachments "A" through "H" which are attached
13 hereto and made a part hereof by reference.
14 3. CONDITIONS PRECEDENT TO LOAN.
15 The obligation of the City to deposit the Loan amount in
16 escrow shall be subject to the fulfillment of each of the
17 following conditions precedent:
18 a. Loan Agreement. The Borrower shall have executed
19 and deposited in escrow this Loan Agreement and the Note. The
20 Note shall be dated as of the date of the Agreement.
21 b. Security. The Borrower shall have deposited in
22 escrow the standby letter of credit and the personal guarantee,
23 both duly executed and dated as of the date of this Agreement.
24 C. Form of Documents. The documents mentioned in
25 subparagraphs 3(a) and (b) shall be in a form satisfactory to the
26 City Administrator and the City Attorney. The escrow agent shall
27 have authority to complete such documents before closing by dating
28 them and/or inserting the exact amount of the loan, if different
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1 from the amount set forth in paragraph 1(a).
2 d. Other Loans/Funds. If the Borrower obtains
3 supplemental funds for off -site improvements as shown below, it
4 shall provide written evidence satisfactory to the City that the
5 Borrower has executed loan documents for such loans/funds and/or
6II that the Borrower has the cash equity shown.
711 i. Cash Equity by Borrower: $14,250
8 ii. Commercial Bank: none
9 iii. City Match: $ 3,430
10 e. Government Approval. The Borrower or its
11 contractor shall have secured all necessary permits, approvals, or
12 consents, if required, of governmental bodies having jurisdiction
13 with respect to any construction contemplated in accordance with
14 the use of the proceeds of the Loan. The Borrower shall comply
15 with the Zoning Ordinance of the Vernon City Code for the
16 development and use of the property described herein.
17 f. Approval of Others. The Borrower shall have
18 secured all necessary approvals or consents required with respect
19 to this transaction by any mortgagor, creditor, or other party
20 having any financial interest in the property or in the Borrower.
21 4. EVENTS OF DEFAULT.
22 The entire unpaid principal of the Note, and the interest
23 then accrued thereon, shall become immediately due and payable
24 upon the written demand of the City, without any other notice or
25 demand of any kind or any presentment or protest, if any one of
26 the following events (hereafter an "Event of Default") shall occur
27 and be continuing at the time of such demand, whether voluntary or
28 involuntary or, without limitation, occurring or brought about by
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operation of law or pursuant to or in compliance with any
judgment, decree or order of any court or any order, rules, or
regulations of any administrative or governmental body.
a. Non -Payment of Loan. If Borrower shall fail to
make payment when due of principal or interest on the Note, and if
the default shall remain unremedied for ten (10) days after notice
from the City.
b. Non -Payment of Other Indebtedness. If Borrower
shall fail to make payment when due of any installment of
principal or interest on any of the Borrower's other indebtedness
for the public infrastructure improvements, if such default shall
remain unremedied for thirty (30) days.
C. Incorrect Representation or Warranty. If any
representation or warranty contained in or made in connection with
the execution and delivery of this Agreement, or in any
documentation or certificate furnished pursuant hereto, shall
prove to have been incorrect or invalid when made in any material
respect.
d. Default in Covenants. If the Borrower shall
materially default in the performance of any other term, covenant,
or condition contained in this Agreement, and such default shall
continue unremedied for thirty.(30) days after either: (1) it
becomes known to an executive officer of the Borrower; or (2)
written notice thereof shall have been given to the Borrower by
the City.
e. Employment Plan. If the Borrower shall fail to
comply with the provisions of the TIG Employment Plan.
1 f. Voluntary Insolvency. If the Borrower shall
2 become insolvent; shall substantially cease to pay its debts as
3 they mature; shall voluntarily file a petition seeking
4 reorganization or liquidation of the Borrower, or the appointment
5 of a receiver or trustee for all or a substantial portion of its
6 assets, or to effect a plan or other arrangement with creditors;
7 shall be adjudicated bankrupt; or shall make a voluntary
8 assignment for the benefit of creditors.
9 g. Involuntary Insolvency. If an insolvency
10 petition shall be filed against the Borrower under any bankruptcy,
11 insolvency, or similar law or seeking the reorganization or
12 liquidation of the Borrower or the appointment of a receiver or
13 trustee for all or a substantial portion of the assets of the
14 Borrower, or if a writ or warrant of attachment or similar process
15 shall be issued against a substantial part of the property of the
16 Borrower and such petition shall not be dismissed, or if such writ
17 or warrant of attachment or similar process shall not be released
18 or bonded, within sixty (60) days after filing of levy.
19 h. Judgments. If any final judgment for the payment
20 of money that is not fully covered by liability insurance shall be
21 rendered against the Borrower, and shall not be discharged within
22 sixty (60) days of such decision, or if execution thereon,
23 effectively stayed pending an appeal from the date such judgment,
24 is affirmed on such appeal.
25 i. Sale/Refinancinci/Chancte of Ownership. Upon the
26 sale of the business of the Borrower, upon sale or refinancing of
27 any real property financed with this Loan or as part of the
28 project in which funds from this Loan were used, upon sale or
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refinancing of any real property used as collateral for this Loan,
upon change in ownership of the business involving any guarantees
of this Loan, or upon cessation of the Borrower to be a majority
owner of the business. This Loan shall be non -assumable.
5. RIGHTS UPON DEFAULT.
Upon an event of default by the Borrower, the City shall
have all remedies available to it under State law in enforcing
this Agreement and for enforcing City's rights to the collateral
mentioned herein including, but not limited to, the following:
a. To accelerate and declare the full balance
immediately due and payable on the Note and to commence a lawsuit
for collection thereof.
b. To take possession of any collateral securing the
loan or render it unusable, without notice, except as required by
law, provided that said self-help shall be done without breach of
peace.
c. To request and demand that Borrower assemble any
collateral securing the loan at an acceptable location for
delivery to City.
d. To sell or dispose of any collateral by sale
pursuant to the law.
e. To specifically enforce the terms of the Note and
related agreements.
f. To foreclose on any real property or appropriate
personal property by strict foreclosure in equity.
g. To pursue any and all other remedies available
under law to enforce the terms of this Agreement and City's rights
to any real and personal property identified herein, and in
a
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collateral security documents.
6. OTHER DOCUMENTS.
City may require and Borrower agrees to execute such
other documents as may be required by the City in its sole
discretion in order to comply with State and Federal regulations
governing (a) the loan proceeds and (b) prudent lending practices.
7. COLLECTION AGENT.
Borrower hereby authorizes the City to appoint a loan
collection entity to provide loan servicing in accordance with
this Agreement and other loan documents. City may appoint,
remove or replace the loan servicing agent at its sole discretion.
City shall provide or cause to be provided notice to Borrower of
the loan collection agent or any change thereof.
8. WAIVER.
No failure or delay on the part of the City in exercising
any right, power or remedy hereunder shall operate as a waiver
thereof.
9. ATTORNEY FEES.
If any party to this Agreement breaches any provision of
this Agreement, or becomes party to litigation concerning this
Loan or the security for this Loan, then the other party may
institute legal action against such party for specific
performance, injunction, declaratory relief, damages, or any other
remedy provided by law. In addition to the recovery of any such
sum or sums expended on behalf of the prevailing party, the
prevailing party shall be entitled to recover from the losing
party such amount as the court may adjudge to be reasonable
attorney's fees for the services rendered to the prevailing party
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in such action.
10. NOTICES.
Notices to the parties unless otherwise requested in
writing shall be sent to:
City: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
TELEPHONE NO.: (213) 583-8811
Borrower: SANDBERG FAMILY LLC
ATTN: WILLIAM SANDBERG
3251 E. SLAUSON AVENUE
VERNON, CA 90058
11. GENERAL TERMS AND CONDITIONS.
The general terms and conditions of this Agreement are
set forth in Attachment 11F."
12. PROJECT ASSURANCES AND TIG EMPLOYMENT PLAN.
The Borrower will comply with the Project Assurances set
forth in Attachment "G," and shall achieve the objectives of the
TIG Employment Plan set forth in Attachment "H."
13. SEVERABILITY.
If any section, paragraph, sentence or requirement of
this Agreement is held to be invalid by a court of competent
jurisdiction, the remaining portions, sections, and requirements
of this Agreement which are not affected by the action of the
court shall remain in full force and effect.
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IN WITNESS WHEREOF, the City and the Borrower have
executed this Loan Agreement as of the date first written above.
THE CITY OF VERNON
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
DAVID B. BREARLEY, City Attor y
BY:
•LEONIS C. MALBURG, Mayor
SANDBERG FAMILY LLC, a Limited
Liability Company
By: f
(Ica
Signature)
(Name)
Title:
By:
Title: AbJep""
-11-
CDBG INFRASTRUCTURE LOAN AGREEMENT
LIST OF ATTACHMENTS
Attachment A. PROMISSORY NOTE.
Attachment B. TARGETED INCOME GROUP GUIDELINES.
Attachment C. REPRESENTATIONS AND WARRANTIES.
Attachment D. AFFIRMATIVE COVENANTS OF THE BORROWER.
Attachment E. NEGATIVE COVENANTS OF THE BORROWER.
Attachment F. GENERAL TERMS AND CONDITIONS.
Attachment G. PROJECT ASSURANCES.
Attachment H. TIG BENEFIT EMPLOYMENT PLAN.
ATTACHMENT A
PROMISSORY NOTE
Principal amount: $70,720.00 Date: _ _ _ _ _ _
On or before December 1, 2001, for value received, the
undersigned ("Maker") promise(s) to pay to City of Vernon
("Payee"), or to order, at 4305 Santa Fe Avenue, Vernon, CA
90058-0805, or such other place as the holder of this Note
("Holder") may from time to time designate in writing, the
principal sum of Seventy Thousand Seven Hundred Twenty Dollars
and No Cents $70,720.00, with interest on the unpaid principal
balance of this Note, from the date of this Note until this Note
is paid in full, at the rate of seven percent (7%) per year.
Accrued interest shall be computed on the basis of a
360-day year, based on the actual number of days elapsed.
Maker may prepay this Note, without premium or penalty.
No prepayment shall extend or postpone the due date or change the
amount of any subsequent payment.
This Note shall become immediately due and payable, at
Holder's option, without notice, demand, or presentment, and
regardless of any prior forbearance, on the occurrence of any of
the following events:
(a) the filing of a petition in bankruptcy by, or the
initiation of any proceeding under any bankruptcy or insolvency
laws against, the Maker;
(b) the making of a general assignment for the benefit
of creditors by Maker;
(c) Maker's or any guarantor's default under any
agreement or instrument executed in connection with this Note;
(d) Maker's default under any other promissory note
executed by Maker in favor of Holder; or
(e) revocation of any guaranty of this Note by any
guarantor.
No delay or omission by Holder in exercising any right
or remedy under this Note, or any other agreement executed in
connection with this Note, shall operate as a waiver of the
future exercise of that right or remedy or of any other rights or
remedies under this Note or any other agreement executed in
connection with this Note. To the extent permitted by law, Maker
waives the right, in any action on this Note, to assert that the
action was not commenced within the time required by law for
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ATTACHMENT A
commencement of the action. All rights of Holder stated in this
Note are cumulative and in addition to all other rights provided
by law, in equity, or in any agreement executed in connection
with this Note.
SANDBERG FAMILY, LL9
By:
Signa
(Name)
Tit;O(Signat
By: '
e
-/4
`(Name)
Title:
Page 2 of 2
ATTACHMENT B
TARGETED INCOME GROUP GUIDELINES
COUNTY STANDARD 1 2 3 4 5 6 7 8
LOS ANGELES Lowest Targeted 17950 20500 23100 25850 27700 29750 31800 33850
Area median: Targeted 28750 32850 36950 41050 44300 47600 50900 54150
$51,300
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ATTACHMENT B
ATTACHMENT C
REPRESENTATIONS AND WARRANTIES
The Borrower represents and warrants the following:
A. Duly Organized:
The Borrower is a limited liability company duly organized, validly existing, and in good
standing under the laws of the State of California and has the power to enter into this
Agreement and to borrow hereunder.
B. Duly Authorized:
The making and performance by the Borrower of this Agreement and the execution and
delivery of the Note, and any Security Agreements and Instruments have been duly authorized
by all necessary corporate actions and will not violate any law, rule, regulation, order, writ,
judgment, decree, determination, or award presently in effect or result in a breach of or
constitute a default under any bank loan or any other agreement or instrument to which the
Borrower is a party or by which it or its property may be bound or affected.
C. Legally Binding, Instruments:
This Agreement shall be binding upon the Borrower and shall inure to the benefits of the
parties hereto and their respective successors. Any further documents and instruments
necessary to carry out the terms of this Agreement shall likewise be binding upon the Borrower
and shall inure to the benefit of the parties and their successors.
D. No Legal Suits:
There are no legal actions, suits, or proceedings pending, or to the knowledge of the Borrower,
threatened, against the Borrower before any court or administrative agency, which if
determined adversely to the Borrower would have a material adverse effect on the financial
condition of the business of the Borrower.
E. Not in Default:
The Borrower is not in default of any obligation, covenant, or condition contained in any bond,
debenture, note, or other evidence of indebtedness or any mortgage or collateral instrument
securing the same.
F. Taxes are Paid:
Borrower has paid in full all taxes and assessments levied by any taxing agency, federal, state,
or local against Borrower or its personal or real property, except to the extent that any such tax
or assessment is being challenged by due legal process.
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ATTACHMENT C
G. No Adverse Change:
The Borrower certifies that there has been no adverse change since the date of the loan
application in the financial conditions, organization, operation, business prospects, fixed
properties, or personnel of the Borrower.
H. Evidence of Project Funding:
The Borrower has submitted to the City acceptable evidence (e.g., bank commitment letter) of
financing or liquidity for the balance of the project cost.
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ATTACHMENT D
AFFIRMATIVE COVENANTS OF THE BORROWER
The Borrower agrees to comply with the following covenants from the date hereof until the City has
been fully repaid with interest, unless the City shall otherwise consent in writing:
A. Payment of The Loan:
To pay punctually the principal and interest on the Note according to its terms and conditions
and to pay punctually any other costs that may become due and payable to the City pursuant to
the terms of this Agreement or Note.
B. Payment of Other Indebtedness•
To pay punctually the principal and interest due on any other indebtedness now or hereafter
owed by the Borrower to the City or any other lender.
C. Taxes:
To pay and discharge all personal property taxes, assessments, and governmental charges upon
it or against its properties prior to the date on which the penalties attached thereto apply, except
that the Borrower shall not be required to pay any such tax, assessment, or governmental
charge which is being contested in good faith and by appropriate proceedings. If so requested
by the City, Borrower will provide a bond guaranteeing payment of such taxes or assessments
in any case in which Borrower contests any tax and refuses to pay under this section.
D. Additional Fundin :
To provide additional equity funds to cover project costs incurred as a result of. overruns or
unanticipated expenses or changes in work orders in the project as specified in the Loan
Agreement.
E. Existence:
To maintain its existence, rights, privilege, and franchises within the State of California and
qualify and remain qualified in each jurisdiction in which its present or future operations or its
ownership of property requires such qualifications.
F. Financial and Job Information:
To maintain adequate records and books of account, in which all of its business and financial .
transactions will be entered in accordance with generally accepted accounting principles.
The Borrower will comply with all record keeping requirements. All records concerning the
construction, including invoices, receipts and contracts will be kept for a period of not less than
three years from the completion of construction. All relevant records pertaining to the project
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ATTACHMENT D
shall be accessible and available for inspection or audit by the City for the same time period. If
so directed by the City, Borrower shall deliver to the City all records, accounts, documentation
and other relevant materials relating to the receipt and disbursement of loan funds.
G. Job Information:
To provide job information semi-annually to the City for the period of the Loan or five (5)
years, which is less. This job information will include, but not be limited to, the number of
new hires, wages, title, starting date or jobs retained that directly relate to this loan, and the
number of new or retained employees who are within the Target Income Group.
H. Right o Inspection:
To grant the City, until the Note has been fully repaid with interest, the right at all reasonable
hours to inspect any chattel, personal property, and/or real estate used to secure the Loan, and
to provide the City free access to the Borrower's premises for the purpose of such inspection.
The Borrower will give the City through any authorized representative the access and the right
to examine all records, books, papers, or documents relating to the Loan.
I. Notice of Default:
To give written notice to the City of any event within 15 days of the event that constitutes an
Event of Default under this Loan Agreement as described in Section 4 of the Agreement or that
would, with notice or lapse of time or both, constitute an Event of Default under this Loan.
Indemnify and Hold Harmless:
To indemnify and hold harmless the City, its elected officials, agents and employees from all
claims, suits, or actions of every name, kind and description, brought forth on account of
injuries to or death of any person or damage to property arising from or connected with the
willful misconduct, negligent acts, errors or omissions or activities giving rise.to strict liability,
or defects in design by the Borrower or any person directly or indirectly employed by or acting
as agent for Borrower, in the performance of this Agreement, including the concurrent or
successive passive negligence of the City, its officers, agents or employees.
It is understood that the duty of Borrower to indemnify and hold harmless includes the duty to
defend as set forth in Section 2778 of the California Civil Code.
K. lQhL
To create or maintain the number of jobs including the TIG jobs, as described in the TIG
Employment Plan (Attachment H).
L. Collateral:
To provide and maintain any collateral property or equipment in good condition and at the
original site identified in the loan application. All property and equipment shall remain free of
any additional encumbrances, liens or claims after loan closing.
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ATTACHMENT E
NEGATIVE COVENANTS OF THE BORROWER
The Borrower covenants and agrees that, from the date hereof until payment in full of the Note,
unless the City shall otherwise consent in writing, the Borrower will not enter into any agreement or
other commitment, the performance of which would constitute a breach of any of the covenants
contained in this Loan Agreement including, but not limited to, the following covenants. Any breach
of these covenants will constitute an Event of Default, and the rights of default by the City may be
executed.
A. Sell the Borrower's Assets•
The Borrower will not sell or transfer all or a substantial part of its assets except those usually
sold in the ordinary course of the business.
B. Lease or Sublease Property:
The Borrower will not lease or sublease all or any portion of the property to be acquired,
constructed or rehabilitated with the proceeds of this Loan without the written consent of the
City.
C. Change of Ownership:
The principals of the Borrower will not permit, without the written consent of the City, any
material change in the ownership structure, control or operation of the Borrower including, but
not limited to: (1) merger into or consolidation with any other person, firm, or corporation;
(2) changing the nature of its business; (3) substantial distribution, liquidation, or other transfer
of the Borrower's assets to the stockholders or any other party.
D. .Change the Project:
The Borrower will not permit any material change in the project's plans and/or specifications
submitted to the City as set forth in the Loan Application. Material change will include any
significant variance in the accepted plans and specifications, increases in contract prices, and/or
additional financial obligations with respect to the construction and acquisition or assets.
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ATTACHMENT E
ATTACHMENT F
GENERAL TERMS AND CONDITIONS
A. Waiver:
No failure or delay on the part of the City in exercising any right, power, or remedy hereunder
shall operate as a waiver thereof, nor shall any single or partial exercise of any such right,
power or remedy preclude any other or further exercise thereof or the exercise of any other
right, power, or remedy hereunder. No modification or waiver of any provision of this
Agreement or the Note, nor any consent to any departure by the Borrower therefrom, shall in
any event be effective unless the same shall be in writing, and then such waiver or consent shall
be effective only in the specific instance and for the specific purpose for which given. No
notice to or demand on the Borrower in any case shall entitle the Borrower to any other or
further notice of demand in similar or other circumstances.
B. Amendments - Writing Required:
The City hereby expressly reserves all rights and provisions of this Agreement to amend or
consent to departure from the provisions of the Note, and to release or otherwise deal with any
collateral security for payment of the Note; provided however, that all such amendments shall
be in writing and executed by the City and the Borrower.
C. is
All notices, consents, requests, demands, and other communications hereafter shall be in
writing and shall be deemed to have been duly given to a party hereto if mailed by certified
mail, prepaid, to the City or Borrower, at its address as set forth at the beginning of this
Agreement, or at such other addresses as any party may have designated in writing to any other
party hereto. This section does not limit other means of delivering written notice if said. notices
are actually received.
D. Payments:
The Borrower will make payments to the City in accordance with the terms and conditions and
instructions contained in this Agreement and the Promissory Note.
E. Survival of Representations and Warranties:
All agreements, representations, and warranties made by the Borrowers herein or any other
document or certificate delivered to the City in this transaction shall survive the delivery of this
Agreement, the Note and any security instrument hereunder, and shall continue in full force
and effect so long as the Note is outstanding.
F. Successors and Assigns:
This Agreement shall be binding upon the Borrower, its successors, and assigns, except that the
Borrower may not assign or transfer its rights without prior written consent of the City. This
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ATTACHMENT F
Agreement shall inure to the benefit of the City and, except as otherwise expressly provided for
in particular provisions hereof, any subsequent holders of the Note.
G. Counterparts:
This Agreement may be executed in any number of counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
H. Governi a Law:
This Agreement and the Note and Security Agreements, Financing Statements, and Deed of
Trust shall be deemed contracts made under the laws of the State of California and for all
purposes shall be construed in accordance with the laws of said State.
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ATTACHMENT G
PROJECT ASSURANCES
The Borrower hereby assures and certifies that it will comply with all regulations, policies,
guidelines, and requirements as they relate to the Loan. The Borrower also assures and certifies to
the City of Vernon that the Borrower:
A. Will comply with Title VI of the Civil Rights Act of 1964 (P.L 88-352) whereby no person in
the United States shall on the grounds of race, color, or national origin, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination by the
Borrower under which the Borrower receives Federal financial assistance, and Borrower will
immediately take any measures necessary to effectuate this agreement. The phrase "Federal
financial assistance" includes any form of loan, grant, or any other form of direct or indirect
Federal assistance.
B. Will comply with Title VI of the Civil Rights Act of 1964 (42-USC 2000d) prohibiting
employment discrimination where: 1) the primary purpose of the financial assistance is to
provide employment, or 2) discriminatory employment practices will result in unequal treatment
of persons who are or should be benefiting from the CDBG loan -aided activities.
C. Will comply with Section 112 of the Public Law 92-65 and Title III of Public Law 94-135
whereby the Borrower assures that no person in the United States shall, on the grounds of sex
or of age, be excluded from participating in, be denied the benefits of, or otherwise be subject
to discrimination in connection with CDBG loan -aided activities.
D. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31,
1976. Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance
in communities where such insurance is available as a condition for the receipt of any federal
funds in any area that has been identified by the Secretary of the Department of Housing and
Urban Development as an area having special flood hazards.
E. Will comply with Section 106 of the National Historic Preservation Act of 1966 as amended
06 USC 47 0), Executive Order 11593, and the Archeological and Historic Preservation Act
of 1966 916 USC 469a-1 et. seq.) by: a) consulting with the. State's Historic Preservation
Officer on the conduct of investigation, as necessary to identify properties listed on or eligible
for inclusion in the National Historic Register (see 36 CFR Part 880.8) by the activity, and
noticing of existence of any such properties; and b) complying with all requirements established
by the State to avoid or mitigate adverse effects on historic structures.
F. Will comply with Section 2 of the Public Works and Economic Development Act which states
that under the provisions of this Act, new employment opportunities should be created by
developing and expanding new and existing facilities and resources rather than by merely
transferring jobs from one labor area to another.
G. Will assure that any building or facility financed in whole or in part by any funds provided
under the Loan will be designed, constructed or altered so as to assure ready access to and use
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ATTACHMENT G
of such building or facility by the physically handicapped. This provision applies only to firms
which deal directly with the general public in the normal and usual course of their business, and
to facilities in which business is customarily transacted by and with members of the general
public.
H. Will ensure that the facilities under its ownership, lease or supervision which shall be utilized in
the accomplishment of the project are not listed on the Environmental Protection Agency's
(EPA) list of Violating Facilities and that it will notify the City of Vernon Department of
Community Services of the receipt of any communication from the Director of the EPA Office
of Federal Activities indicating that a facility to be used in the project is under consideration for
listing by the EPA as a violating facility.
I. Will comply with all requirements imposed by the Federal sponsoring agency concerning
special requirements of law, program and other administrative requirements.
J. Will comply with the Davis Bacon Act, as amended (40 USC 276a-S), as this Act may apply
to the project of the Borrower.
K. The Borrower certifies, to the best of its knowledge or belief, that:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the awarding of any Federal contract, the
making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement;
(b) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member
of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
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ATTACHMENT H
TIG EMPLOYMENT PLAN
SANDBERG FAMILY LLC
(Sandberg Manufacturing, Inc.)
This TIG Benefit Employment Plan ("Plan") will be used by Sandberg Family LLC and/or Sandberg
Manufacturing, Inc. ("Employer") to assure continuing employment opportunities to economically
disadvantaged and unemployed persons. Employer will use the local Job Training Program Agency
Program [the Private Industry Council (PIC) and the Office of Employment Training (OET)] as its
initial resource for recruitment, referral and placement in positions covered herein, but is not
restricted to JTPA resources.
1. General Terms:
a) The City of Vernon ("City") provides, Community Development Block Grant
("CDBG") funded low interest loans for business start-up and expansion. By virtue of
this loan, the City expects to realize additional employment opportunities for lower
income and unemployed persons (the Target Income Group, or TIG). The City has
negotiated a loan with the Employer as follows and as additionally described in the
Loan Agreement:
i. Loan Amount $70,720.00
ii. Interest Rate 7 %
iii. Term To December 1, 2001
iv. Job Requirement 4 jobs created (minimum)
b) Employer shall hire and retain at least one permanent full-time employee (minimum of
1,750 work hours per year) per $20,000 in CDBG loan funds received. At least 4
jobs/positions will be provided by December 1, 1999. The Employer also agrees that
at least 51 % of all jobs created as a result of the CDBG loan will be filled by
members of the Target Income Group.
c) The loan described in the preceding Section l(a) and in the Loan Agreement will
result in the following additional employment opportunities:
Number Anticipated Expected
fo Jobs Positions (type) Hiring Date
4 General Helper 12/1/99
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ATTACHMENT H
2. Employment/Recruitment
a) "Covered positions" for the purposes of this Agreement shall include all Employer's
job openings in the City of Vernon created as a result of internal promotions,
terminations, and expansion of Employer's work force, within the positions listed
under Section l(d).
b) At least three weeks prior to anticipated hiring dates, the Employer will notify the
JTPA Program of its needs for new employees in the covered positions; or, if
Employer is hiring on its own behalf, it must provide proof of TIG benefit to the City
on self -certification forms obtained from the City. Notification shall be by Job Order
Form provided to the JTPA Program, and shall include, but not necessarily be limited
to:
i Number of employees requested by job title.
ii. Job description, including minimum qualifications stated in quantifiable and
objective terms.
iii. Work to be performed.
iv Hiring dates.
V. Rates of pay.
vi. Hours of work.
vii. Anticipated duration of employment.
3. Referral
a) The JTPA Program will refer job applicants eligible pursuant to the Job Training
Partnership Act (JTPA) and the Community Development Block Grant (CDBG)
regulations to the Employer in response to the notification of need for new employees
described in Section I (d). The JTPA Program will maintain the documentation of
applicant/employee household income required by the CDBG program, and provide
such information to the City of Vernon c/o The Holt Group, Inc., upon hiring of any
applicant.
b) The JTPA Program will notify the Employer of the number of applicants it will refer
and begin making referrals no later than one week prior to the anticipated hiring date.
The JTPA will make every reasonable effort to refer at least one qualified person(s)
for each job opening.
c) In the event that the JTPA Program is unable to refer any or all of the qualified
personnel requested, the Employer will be notified by the JTPA Program on a timely
manner. The Employer will then be free to directly fill remaining positions. In this
event, the Employer will make a good faith effort to hire economically disadvantaged
persons through additional recruitment techniques in conformance with the terms of
the loan and approved by the City. Employer in conjunction with the City's CDBG
Consultant, The Holt Group, will then be responsible for verifying Targeted Income
Group status.
Page 2 of 3
4. Placement
a) If Employer is using the JTPA Program for job placement, all decisions on hiring new
employees will be made by the Employer. The Employer agrees to provide priority
consideration to prospective employees for covered positions from the qualified
persons referred by the JTPA Program. If the Employer does not find any of the
persons so referred to qualify for the opening(s), the JTPA Program and City will be
notified.
b) The JTPA Program and the City's CDBG Consultant will monitor job retention and
employment performance of employees placed under the Agreement. The employer
agrees to cooperate fully in these follow-up efforts, and to provide two times annually
hiring summaries for five years after funding, in a form acceptable to the City and the
State. This may include, but not be limited to, copies of employee rosters and payroll
and tax information submitted to the State of California and to the federal
government.
c) If the Employer has selected employees from referrals by the JTPA Program, the City
will not be responsible for the employee's actions and the Employer hereby releases
the City from liability.
5. Training
a) The JTPA Program and the Employer may agree to develop additional job training
programs. The training specifications and the cost for such training will be mutually
agreed upon by the Employer and the JTPA Program and covered under a separate
training agreement(s).
6. Controlling Regulations and Laws
a) If this Plan conflicts with any labor laws or other governmental regulations, those
laws or regulations shall prevail.
b) If this Plan conflicts with a collective bargaining agreement to which the Employer is
a party, the bargaining agreement shall prevail.
c) The Employer shall not discriminate against any applicant for employment due to
race, religion, age, color, sex, national origin, physical handicap, sexual preference,
or political affiliation.
7. Assignment Modification and Renewal
a) Employer should transfer possession of all or a portion of its business concerns to any
other party by lease, sale, assignment or otherwise, this Plan will be binding on
Employer's successors and assigns. Employer, as a condition of transfer, shall
require the party taking possession to agree, in writing, to the terms of this Plan and
provide proof to the City.
c) This Plan may, upon mutual agreement, be modified in order to improve the working
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y '. � "
relationship described herein.
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