Resolution No. 93822
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PX-1
RESOLUTION NO. 9382
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT NO. 1 TO MEMORANDUM OF UNDERSTANDING
BY AND BETWEEN THE CITY OF VERNON AND THE LOS
ANGELES COUNTY METROPOLITAN TRANSPORTATION
AUTHORITY
WHEREAS, on March 21, 2001, the City Council of the City of
Vernon adopted Resolution No. 7732 approving a State Transportation
Improvement Program ("STIP") Letter Agreement No. LOA.P0004300 dated
February 14, 2001, with the Los Angeles County Metropolitan
Transportation Authority ("MTA") for the funding of improvements for
the I-710 Atlantic/Bandini Interchange Project (the "Project"), Phase
II; and
WHEREAS, on January 5, 2005, the City Council of the City of
Vernon adopted Resolution No. 8636 approving an Amendment No. 1 to the
STIP Letter Agreement and a Call for Projects Proposition C Memorandum
of Understanding No. MOU.P0004300 dated December 1, 2004 with the MTA
Ito replace some STIP funds with Proposition C funds as Federal funds
(were not made available for the construction portion of the Project;
land
WHEREAS, the MTA has allocated the use of an additional
$941,000 in Proposition C 25% funds to the City of Vernon to be
expended by June 30, 2008; and
WHEREAS, the amended and restated total project funding by
MTA, including all available grant and programmed funds, for the
project is $10,741,000 which is $3,378,000 in Proposition C funds and
$7,363,000 in Regional Improvement Program funds; and
WHEREAS, in order to use the supplemental funding, the MTA is
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requiring that the City enter into an Amendment No. 1 to the Memorandum
of Understanding No. MOU.P0004300; and
WHEREAS, the Director of Community Services & Water has
recommended that the Amendment No. 1 to the Memorandum of Understanding
with the MTA be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
land correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Amendment No. 1 to the Memorandum of Understanding No.
MOU.P0004300 with the MTA, a copy of which is attached hereto as
Exhibit A and incorporated by reference.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor or Mayor Pro-Tem to execute said Amendment for,
land on behalf of, the City of Vernon and the City Clerk is hereby
lauthorized to attest thereto.
r
SECTION 4: The City Council of the City of Vernon hereby
authorizes and empowers the City Administrator, or his designee, to
execute such other agreements and documents and to take such actions
as may be necessary or convenient to carry out the City's obligations
Thereunder and to effect the purposes of the Amendment and the
transactions therein authorized.
SECTION 5: The City Council of the City of Vernon hereby
directs the City Clerk, or her designee, to send the executed
(Agreements to the MTA.
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SECTION 6: 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 6th day of August, 2007.
ATTE
MANU LA GIRON, City/ Clerk
4
Name: Leoni.s C. Malburg
Title: Mayor / naa yQ'C P!r -Tames
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby
certify that the foregoing Resolution, being Resolution No. 9382, was
duly adopted by the City Council of the City of Vernon at a regular
meeting of the City Council duly held on Monday, August 6, 2007, and
thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of
Vernon.
ANUELA GI N, City Clerk
(SEAL)
- 4 -
EXHIBIT
0
AMENDMENT NO. 1 — MOU.P0004300
AMENDMENT No. 1 TO MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF VERNON AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 1 to Proposition C Memorandum of Understanding
(this "Amendment"), is dated as of May 3, 2007, by and between the City of Vernon
("Grantee"), and the Los Angeles County Metropolitan Transportation Authority ("MTA").
RECITALS:
A. Grantee and MTA entered into that certain Letter of Agreement No.
LOA.P0004300, dated February 14, 2001 (the "Existing LOA") which programmed
$9,800,000 in STIP/RIP funds, for the I-710 Atlantic/Bandini Interchange Improvements,
Phase I(the "Project"); and
B. Whereas, the MTA Board at its February 27, 2004 meeting authorized
the grant of $2,437,000 in Proposition C funds to replace $2,437,000 in STIP/RIP funds
previously programmed to Grantee under the Existing LOA; and
C. Whereas, the MTA and Grantee amended the Existing LOA as of
December 1, 2004 to reduce the STIP/RIP funds to $7,363,000; and
D. Whereas, Grantee and MTA entered into that certain Memorandum of
Understanding No. MOU.P0004300, dated December 1, 2004 (the "Existing MOU") which
programmed $2,437,000 in Proposition C funds, for the Project; and
E. As part of the Call for Projects Supplemental Funding, the MTA Board,
at its January 25, 2007 meeting, authorized an additional $941,000 in Proposition C 25
funds to Grantee to meet funding shortfalls subject to the terms and conditions contained in
the amended Existing MOU; and
F. Whereas, as part of this approval the MTA directed that the $941,000 in
supplemental funds be fully expended by June 30, 2008; and
G. Whereas, the amended and restated TOTAL Project funding by MTA,
including all available grant and programmed funds, for the project is $10,741,000 which is
$3,378,000 in Proposition C funds and $7,363,000 in RIP funds.
H. Grantee and MTA desire to amend the Existing MOU as provided
herein.
Rev.09.12.06 Page 1 of 3
AMENDMENT NO. 1 — MOU.P0004300
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part 1, Paragraph 2 of the Existing MOU is hereby amended by adding
the following to the end of the paragraph: "MTA Board action of January 25, 2007, added
supplemental funds of $941,000 in FY 2006-07 in Proposition C funds to the Project. The
total amount of Proposition C Funds available for the Project under the Existing MOU is
now $3,378,000. Total Funding for the Project is provided as follows: $7,363,000 in RIP
Funds under the Existing LOA and $3,378,000 in Proposition C Funds under this MOU."
2. Part 2, Paragraph 8.1(iv) of the Existing MOU is hereby amended by
deleting it in its entirety and replacing it with the following: "All programmed funds are
subject to lapse on June 30, 2008. Grantee shall expend such Funds by the lapsing date".
3. Attachment A of the Existing MOU is hereby replaced by Attachment
A-1, attached.
4. Attachment B of the Existing MOU is hereby replaced by Attachment
B-1, attached.
5. Attachment C of the Existing MOU is hereby replaced by Attachment
C-1, attached.
6. Attachment F is hereby added as special grant conditions to the
amended MOU, attached.
7. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Rev.09.12.06 Page 2 of 3
AMENDMENT NO. 1 — MOU.P0004300
3
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to
be duly executed and delivered as of the above date.
CITY OF VERNON
By:
Name: Leonis C. Malburg
Title: Mayor
ATTEST:
Approved as to form
Date:
, MANUELA GIRON, CITY .CLERK
By: Date:
Name: JEFF RARRISON
Title: City Attorney
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By: Date:
Name: Roger Snoble
Title: Chief Executive Officer
Approved as to form:
Raymond G. Fortner,,r.
Countv-Csounsel._
wl
Date:
DATE:
Rev.09.12.06
Page 3 of 3
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Call for Projects —I-710 Atlantic/Bandini Interchange Improvements, Phase I, Memm oranduof Understanding
(MOO; MOU.P0004300
ATTACHMENT C-1
SCOPE OF WORK
The configuration of the existing I-710/I-5 freeways is such that there is no direct connection
between the northbound I-5 Freeway and the southbound I-710 Freeway, nor between the
northbound I-710 Freeway and the southbound I-5 Freeway. Therefore, Atlantic Boulevard serves
as the direct connector between the northbound I-5 Freeway and the southbound I-5 Freeway.
The traffic between the I-710 Freeway and the I-5 Freeway in these directions as well as the
traffic from the on -ramp at Atlantic Blvd. and the off -ramps to Bandini Blvd. pass through the
Atlantic/Bandini Intersection and Interchange. Furthermore, the I-710/Atlantic Avenue/Bandini
Boulevard Intersection and Interchange is a key link in the intermodal logistics chain between the
Ports of Long Beach and Los Angeles, and the Burlington Northern Santa Fe (BNSF) Hobart
Yards and the Union Pacific (UP) Redondo Junction Rail Yards.
Due to its mounting traffic congestion at the I-710/AtlanticBandini Intersection and Interchange,
improvements to this Intersection and Interchange will: (1) reduce congestion and queuing on the
I-710; (2) significantly improve conditions for trucks traveling in and out of the BNSF and UP
rail yards; (3) assist Port -generated truck movements which exit the I-710 at Atlantic
Ave./Bandini Blvd. to reach the BNSF and UP rail yards; and (4) help preserve a critical
manufacturing center in the Los Angeles region by facilitating the transportation of raw
materials/supplies and finished goods in and out of the area.
This project as funded consists of two phases. Phase I consists of the following elements:
• Construction of the 26 h Street extension including a bridge over Atlantic Boulevard. The
extension of 26 h Street will require the construction of a new City owned and maintained
bridge over exiting Atlantic Boulevard. The proposed bridge will span approximately
76.88 meters;
• Construction of the new Street, which will connect the 261' Street extension to Bandini
Boulevard; and
• Acquisition of property necessary for the before mentioned projects (363.98 meters long)
and a loop on ramp to northbound I-710 (400 meters long).
The PAED, PS&E, and Right of Way components of the Project are funded through the State
Transportation Improvement Program (STIP). The Funds provided under this MOU are for the
construction of the Phase I component of the Project only.
Project Schedule
Start
End
PAED
Completed
PS&E
Completed
R/W Acquisition
December 2003
June 2004
R/W Support
December 2003
June 2004
Construction
February 2007
June 2008
Construction Support
February 2007
June 2008
Boilerplate date 08.7.06
Call for Projects —I-710 Atlantic/Bandini Interchange Improvements, Phase I, Memorandum of
Understanding (MOU); MOU.P0004300
ATTACHMENT F
SPECIAL GRANT CONDITIONS FOR SUPPLEMENTAL FUNDS
The approved supplemental funding of $941,000 in Proposition C 25 % funds shall be
fully expended by June 30, 2008.
Boilerplate date 08.7.06
SUPPORTING
DOCUMENTS
AMENDMENT NO. 1— MOU.P0004300
AMENDMENT No. 1 TO MEMORANDUM OF UNDERSTANDING
BETWEEN CITY OF VERNON AND
THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY
This Amendment No. 1 to Proposition C Memorandum of Understanding
(this "Amendment"), is dated as of May 3, 2007, by and between the City of Vernon
("Grantee"), and the Los Angeles County Metropolitan Transportation Authority ("MTA").
RECITALS:
A. Grantee and MTA entered into that certain Letter of Agreement No.
LOA. P00043 00, dated February 14, 2001 (the "Existing LOA") which programmed
$9,800,000 in STIP/RIP funds, for the I-710 Atlantic/Bandini Interchange Improvements,
Phase I(the "Project"); and
B. Whereas, the MTA Board at its February 27, 2004 meeting authorized
the grant of $2,437,000 in Proposition C funds to replace $2,437,000 in STIP/RIP funds
previously programmed to Grantee under the Existing LOA; and
C. Whereas, the MTA and Grantee amended the Existing LOA as of
December 1, 2004 to reduce the STIP/RIP funds to $7,363,000; and
D. Whereas, Grantee and MTA entered into that certain Memorandum of
Understanding No. MOU.P0004300, dated December 1, 2004 (the "Existing MOU") which
programmed $2,437,000 in Proposition C funds, for the Project; and
E. As part of the Call for Projects Supplemental Funding, the MTA Board,
at its January 25, 2007 meeting, authorized an additional $941,000 in Proposition C 25
funds to Grantee to meet funding shortfalls subject to the terms and conditions contained in
the amended Existing MOU; and
F. Whereas, as part of this approval the MTA directed that the $941,000 in
supplemental funds be fully expended by June 30, 2008; and
G. Whereas, the amended and restated TOTAL Project funding by MTA,
including all available grant and programmed funds, for the project is $10,741,000 which is
$3,378,000 in Proposition C funds and $7,363,000 in RIP funds.
herein. H. Grantee and MTA desire to amend the Existing MOU as provided
Rev.09.12.06 Pagel of 3
AMENDMENT NO. 1 — MOU.P0004300
AGREEMENT:
NOW, THEREFORE, for good and valuable consideration, the receipt and
adequacy of which are hereby acknowledged, the parties hereby agree as follows:
1. Part 1, Paragraph 2 of the Existing MOU is hereby amended by adding
the following to the end of the paragraph: "MTA Board action of January 25, 2007, added
supplemental funds of $941,000 in FY 2006-07 in Proposition C funds to the Project. The
total amount of Proposition C Funds available for the Project under the Existing MOU is
now $3,378,000. Total Funding for the Project is provided as follows: $7,363,000 in RIP
Funds under the Existing LOA and $3,378,000 in Proposition C Funds under this MOU."
2. Part 2, Paragraph 8.1(iv) of the Existing MOU is hereby amended by
deleting it in its entirety and replacing it with the following: "All programmed funds are
subject to lapse on June 30, 2008. Grantee shall expend such Funds by the lapsing date".
3. Attachment A of the Existing MOU is hereby replaced by Attachment
A-1, attached.
4. Attachment B of the Existing MOU is hereby replaced by Attachment
B-1, attached.
S. Attachment C of the Existing MOU is hereby replaced by Attachment
C-1, attached.
6. Attachment F is hereby added as special grant conditions to the
amended MOU, attached.
7. Except as expressly amended hereby, the Existing MOU remains in full
force and effect as originally executed. All rights and obligations of the parties under the
Existing MOU that are not expressly amended by this Amendment shall remain unchanged.
Rev.09.12.06 Page 2 of 3
AMENDMENT NO. 1 — MOU.P0004300
IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to
be duly executed and delivered as of the above date.
CITY OF VERNON
Name: teonis C. Malburg
Title: Ma or
ATTEST: MANUELA
Approve a4to
By:
Name:JEFF HARRISON
Title: Ci A
LOS ANGELES COUNTY
METROPOLITAN TRANSPORTATION
AUTHORITY
By:
Name: Roger Snoble
Title: Chief Executive Officer
Approved as to form:
Raymond G. Fortner, r.
Countv CoiinsPi
Date:-4 6/;Z
GIRON, CITY CLERK DATE: / 140
Date: " /
/,0
Date: 1e9 - —62
Date:
Rev.09.12.06 Page 3 of 3
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Call -for Projects -I-710 AtlanticBandini Interchange Improvements, Phase I, Memorandum of Understanding
(MOU); MOUT0004300
ATTACHMENT C-1
SCOPE OF WORK
The configuration of the existing I-710/1-5 freeways is such that there is no direct connection
between the northbound I-5 Freeway and the southbound I-710 Freeway, nor between the
northbound I-710 Freeway and the southbound I-5 Freeway. Therefore, Atlantic Boulevard serves
as the direct connector between the northbound I-5 Freeway and the southbound I-5 Freeway.
The traffic between the I-710 Freeway and the I-5 Freeway in these directions as well as the
traffic from the on -ramp at Atlantic Blvd. and the off -ramps to Bandmi Blvd. pass through the
AtlanticBandini Intersection and Interchange. Furthermore, the I-710/Atlantic Avenue/Bandmi
Boulevard Intersection and Interchange is a key link in the intermodal logistics chain between the
Ports of Long Beach and Los Angeles, and the Burlington Northern Santa Fe (BNSF) Hobart
Yards and the Union Pacific (UP) Redondo Junction Rail Yards.
Due to its mounting traffic congestion at the I-710/AtlanticBandini Intersection and Interchange,
improvements to this Intersection and Interchange will: (1) reduce congestion and queuing on the
I-710; (2) significantly improve conditions for trucks traveling in and out of the BNSF and UP
rail yards; (3) assist Port -generated truck movements which exit the I-710 at Atlantic
Ave.Bandini Blvd. to reach the BNSF and UP rail yards; and (4) help preserve a critical
manufacturing center in the Los Angeles region by facilitating the transportation of raw
materials/supplies and finished goods in and out of the area.
This project as funded consists of two phases. Phase I consists of the following elements:
• Construction of the 26'h Street extension including a bridge over Atlantic Boulevard. The
extension of 26`t' Street will require the construction of a new City owned and maintained
bridge over exiting Atlantic Boulevard. The proposed bridge will span approximately
76.88 meters;
• Construction of the new Street, which will connect the 26`h Street extension to Bandini
Boulevard; and
• Acquisition of property necessary for the before mentioned projects (363.98 meters long)
and a loop on ramp to northbound I-710 (400 meters long).
The PAED, PS&E, and Right of Way components of the Project are funded through the State
Transportation Improvement Program (STIP). The Funds provided under this MOU are for the
construction of the Phase I component of the Project only.
Project Schedule
PAED
PS&E
R/W Acquisition
R/W Support
Construction
Construction Support
Start
End
Completed
Completed
December 2003
June 2004
December 2003
June 2004
February 2007
June 2008
February 2007
June 2008
Boilerplate date 08.7.06
Call for Projects 4-710 Atlantic/Bandini Interchange Improvements, Phase I, Memorandum of
Understanding (MOU); MOU.P0004300
ATTACHMENT F
SPECIAL GRANT CONDITIONS FOR SUPPLEMENTAL FUNDS
The approved supplemental funding of $941,000 in Proposition C 25 % funds shall be
fully expended by June 30, 2008.
Boilerplate date 08.7.06
COMMUNITY SERVICES & WATER DEPARTMENT
OFFICE MEMORANDUM
TO: Nelly Giron, City Clerk
FROM: Samuel Kevin Wilson; Director of Community Services & Water
DATE: October 10, 2007
SUBJECT: 26th Street Bridge and Street Improvement — Contract No. 575 — Metropolitan
Transportation Authority (MTA) Agreement for Supplemental Funds
The City of Vernon and the MTA entered into a Memorandum of Understanding (No.
P0004300) on December 1, 2004 to provide $2,437,000.00 in Proposition C funds to construct the 26fl'
Street Bridge and Street Improvement. In a Call for Projects Supplemental Funding, the MTA, on
January 25, 2007, authorized an additional $941,000.00 in Prop. C funds for this project. The City of
Vernon approved the Agreement and the MTA has now signed. Enclosed is the original signed
Agreement No.1 to the Memorandum of Understanding between the City of Vernon and the
Metropolitan Transportation Authority (MTA) that provides additional Prop. C funds in the amount of
$941,000.00 for this contract. The project is under construction and the funds provided by the MTA
will be reimbursed to the City of Vernon upon expenditure and claim.
SKW/sn
Enclosure
C: Eric Fresch, City Administrator (w/o enclosure)
Jeff Harrison, City Attorney (w/o enclosure)
Rory Burnett, Finance Director
Memo from the City Clerk's Office
To: Sherwood Natsuhara, Deputy Director of Community Services & Water
From:,, A- � Nelly Giron, City Clerk
Date: August 22, 2007
Re: Amendment No. 1 to the Memorandum of Understanding with
Los Angeles County Metropolitan Transportation Authority (MTA)
As requested, attached hereto are three original amendments, as referenced above, signed by
City Officials, which were approved at the Council Meeting held August 6, 2007, by Resolution
No. 9382.
Per our conversation of August 21, 2007, it is my understanding that you will personally hand
deliver the amendments to MTA for their execution.
Woody, please ensure that MTA returns one fully executed original amendment to the City
Clerk's Office.
Thank you.
C: Kevin Wilson
Agreement File No. 07-084
Resolution No. 9382