Regular Vernon City Council Meeting Tuesday, August 2, 2022
Agenda
City of Vernon
Regular City Council Meeting
Tuesday, August 2, 2022, 9:00 AM
City Hall, Council Chamber
4305 Santa Fe Avenue
Vernon, California
Leticia Lopez, Mayor
Crystal Larios, Mayor Pro Tem
William Davis, Council Member
Judith Merlo, Council Member
Melissa Ybarra, Council Member
MEETING ATTENDANCE PROTOCOLS
Assembly Bill 361 (AB 361) authorizes public meetings to take place via teleconference because State and Local officials are recommending measure to promote social distancing. Meetings are conducted in a hybrid format that includes both in-person and Zoom public participation.
The public is encouraged to view the meeting at https://www.cityofvernon.org/webinar-cc or by calling (408) 638-0968, Meeting ID 820-1441-7633#. You may address the Council via Zoom or submit comments to [email protected] with the meeting date and item number in the subject line.
CALL TO ORDER
FLAG SALUTE
ROLL CALL
APPROVAL OF THE AGENDA
PUBLIC COMMENT
At this time the public is encouraged to address the City Council on any matter that is within the subject matter jurisdiction of the City Council. The public will also be given a chance to comment on matters which are on the posted agenda during City Council deliberation on those specific matters.
Regular Vernon City Council Meeting Tuesday, August 2, 2022
PRESENTATIONS
1. City Administration
City Administrator Report:
• New Business Welcome
• June Job Fair Recap
• Vernon CommUNITY Fund Highlights
• Southern California Public Power Authority Tour
• Community Engagement
• Business Anniversary Highlight
Recommendation:
No action is required by City Council. This is a presentation only.
PUBLIC HEARINGS
2. Public Works
Urgency Ordinance No. 1286 Extending Interim Urgency Ordinance No. 1283 - Warehouse Moratorium
Recommendation:
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Adopt Urgency Ordinance No. 1286, pursuant to Government Code Section 65858, extending a moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon for an additional ten (10) months and fifteen (15) days, or until City Council's adoption of an ordinance addressing the moratorium issues, whichever occurs first.
1. Urgency Ordinance No. 1286
2. Adopted Ordinance No. 1283 - Interim Urgency Ordinance Warehouse Moratorium
3. 10-Day Report on Urgency Moratorium (July 19, 2022 Staff Report)
4. Notice of Public Hearing
Regular Vernon City Council Meeting Tuesday, August 2, 2022
3. Public Works
Ordinance No. 1287 Amending Title 17 of the Vernon Municipal Code pertaining to Warehouse Uses
Recommendation:
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; B. Introduce and conduct first reading of Ordinance No. 1287 amending Chapters
17.16.020 and 17.24.020 and adding Chapter 17.24.035 to Title 17 (Zoning) of the Vernon Municipal Code relating to warehouse uses; and C. Direct staff to schedule second reading and adoption for the August 16, 2022 City Council Meeting.
1. Ordinance No. 1287
2. Notice of Public Hearing
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be approved with one motion. Items may be removed from the Consent Calendar for individual consideration. Removed items will be considered immediately following the Consent Calendar.
4. City Clerk
Approval of Minutes
Recommendation:
Approve the July 19, 2022 Regular City Council meeting minutes.
1. 20220719 City Council Minutes
5. City Clerk
Claims Against the City
Recommendation:
Receive and file claims submitted by Jeffrey Levin in the amount of $2,106.28; and Elia Ramirez in the amount of $322.92.
1. Claim for Damages - Jeffrey Levin 20220718
2. Claim for Damages - Elia Ramirez 20220719
6. City Clerk
Franchise Towing Fee Agreements
Recommendation:
A. Conduct second reading and adopt Ordinance No. 1284 granting to Mr. C's Towing of South Gate, Inc., a franchise towing services agreement; and B. Conduct second reading and adopt Ordinance No. 1285 granting Towwerks, LLC. (dba Viertel's Central / Northeast Division), a franchise towing services agreement.
1. Ordinance No. 1284
2. Ordinance No. 1285
3. Ordinance 1284 Proof of Publication
4. Ordinance 1285 Proof of Publication
Regular Vernon City Council Meeting Tuesday, August 2, 2022
7. City Clerk
Conduct of Meetings via Teleconference Pursuant to Assembly Bill 361 Recommendation:
Ratify the findings in Resolution No. 2021-36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with Assembly Bill 361 (AB 361), due to continued public health and safety concerns caused by COVID-19.
1. Resolution No. 2021-36
8. Finance/Treasury
Operating Account Warrant Register
Recommendation:
Approve Operating Account Warrant Register No. 91, for the period of July 3 through July 16, 2022, totaling $9,100,269.42 and consisting of ratification of electronic payments totaling $8,941,191.72 and ratification of the issuance of early checks totaling $159,077.70.
1. Operating Account Warrant Register No. 91
9. Finance/Treasury
Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation:
Approve Redevelopment Agency Obligation Retirement Account Warrant Register No. 65, for the period of April 17 through July 16, 2022 and consisting of ratification of electronic payments totaling $8,000.00.
1. Redevelopment Agency Obligation Retirement Account Warrant Register No. 65
10. Public Works
Public Works Department Monthly Report
Recommendation:
Receive and file the June 2022 Building Report.
1. Public Works Department June 2022 Building Report
11. Police Department
Mutual Aid Operational Plan Agreement
Recommendation:
Approve and authorize the Chief of Police to execute a Mutual Aid Operational Plan Agreement, in substantially the same form as submitted.
1. Mutual Aid Operational Plan Agreement 2022
12. Public Utilities
Supplemental to Purchase Contract LP-0728 with ABB, Inc.
Recommendation:
A. Find that the best interests of the City are served by a direct award of a Supplemental to ABB, Inc., without a competitive selection process pursuant to Section 3.32.110 B.2 of the Vernon Municipal Code (VMC); and B. Authorize a Supplemental to Purchase Contract LP-0728 with ABB, Inc. in an amount not to exceed $9,445.81.
1. ABB Invoice No. 7105603816
2. ABB Invoice No. 7105550828
Regular Vernon City Council Meeting Tuesday, August 2, 2022
13. Public Utilities
Sale of Surplus Vernon Public Utilities Vehicle to Petrelli Electric, Inc.
Recommendation:
Approve and authorize the City Administrator to execute the Purchase and Sale Agreement with Petrelli Electric, Inc. (Petrelli Electric), in substantially the same form as submitted, for the sale of one surplus 2008 Chevrolet Silverado 2500HD vehicle for the price of $6,500.
1. Purchase and Sale Agreement with Petrelli Electric
14. Public Works
Heating, Ventilation, and Air Conditioning (HVAC) System Yearly Maintenance Contract
Recommendation:
A. Find that approval of the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the restoration or rehabilitation of deteriorated existing equipment and involves negligible or no expansion of an existing use; and
B. Approve a Purchase Contract with Western Allied in the amount of $50,000 for maintenance and inspection services for the City’s HVAC system.
1. Western Allied Maintenance and Inspection Proposal
15. Police Department
Federal Equitable Sharing Agreement and Annual Certification Report Recommendation:
Approve and authorize the Police Chief and City Administrator to execute the Federal Equitable Sharing Agreement and Annual Certification Report.
1. FY 2021-2022 ESAC Form (Draft)
16. City Administration
Report on Vehicle Purchases Approved by the City Administrator Recommendation:
Receive and file the report.
17. Public Works
National Auto Fleet Group Multiple Vehicle Purchase
Recommendation:
A. Approve the purchase of five new 2022 Ford F -150 Lighting Pro 4WD SuperCrew Work Trucks through National Auto Fleet Group, for a total cost of $230,846.60; and
B. Authorize the City Administrator to approve comparable vehicle purchases for a total not-to-exceed $250,000 for the Public Works Department should the vehicles noted above no longer be available through the National Auto Fleet Group.
1. National Auto Fleet Group - Ford F150 EV Quote
Regular Vernon City Council Meeting Tuesday, August 2, 2022
NEW BUSINESS
18. Human Resources
Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 Recommendation:
Adopt Resolution No. 2022- 30 approving the Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 (IBEW) for the period of July 1, 2022 through June 30, 2025.
1. Resolution No. 2022-30
2. 2022-2025 IBEW MOU (Redline)
19. Human Resources
Amendment to Classification and Compensation Plan
Recommendation:
A. Approve new job descriptions; and
B. Adopt Resolution No. 2022-31 amending Exhibits A and C of the Classification and Compensation Plan adopted by Resolution No. 2022-29 adding new classifications and associated salary ranges for Payroll Analyst and Power Resources Settlement Analyst, Senior; deleting the classification of Payroll Specialist, Senior; and incorporating Cost of Living Adjustments for classifications represented by the International Brotherhood or Electrical Workers (IBEW) Local 47.
1. New Job Descriptions
2. Resolution No. 2022-31
3. Classification and Compensation Plan Exhibits (Redline)
20. Public Utilities
Construction Contract with J.D.M.L., Inc. dba Standard Industries for Pumping Plant Demolition and Site Improvements
Recommendation:
A. Find that the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the maintenance, repair or minor alteration of existing facilities including the demolition and removal of individual small structures, and involves negligible or no expansion of an existing use; B. Accept the bid from J.D.M.L., Inc. dba Standard Industries (Standard Industries) as the lowest responsive and responsible bidder and reject all other bids; C. Approve and authorize the City Administrator to execute a Construction Contract with Standard Industries in substantially the same form as submitted, in an amount not-to-exceed $397,613 for Pumping Plant Demolition and Site Improvements; and
D. Authorize a contingency amount of $40,000 in the event of unforeseen changes in the project and grant authority to the City Administrator to issue Change Orders for an amount up to the contingency amount, if necessary.
1. Construction Contract with J.D.M.L., Inc. dba Standard Industries Regular Vernon City Council Meeting Tuesday, August 2, 2022
21. Public Utilities
Professional Services Agreement with Bell Burnett & Associates (BB&A) for Specialized Natural Gas Advisory Services
Recommendation:
A. Find that the proposed Services Agreement with BB&A is exempt from competitive selection pursuant to Vernon Municipal Code (VMC) Section
3.32.110 as the best interests of the City are served by a direct award of the contract without a competitive selection process; and
B. Approve and authorize the City Administrator to execute a Professional Services Agreement with BB&A, in substantially the same form as submitted, to provide specialized natural gas advisory services in connection with the planning and implementation of a Natural Gas Procurement Strategy and Energy Risk Management Policy, in an amount not to exceed $100,000.
1. Services Agreement with Bell Burnett & Associates
ORAL REPORTS
City Administrator Reports on Activities and Other Announcements.
City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff.
CLOSED SESSION
22. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator Employee Organization: Vernon Police Management Association
CLOSED SESSION REPORT
ADJOURNMENT
I hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Regular and Adjourned Regular meeting agendas may be amended up to 72 hours and Special meeting agendas may be amended up to 24 hours prior to the meeting.
Dated: July 28, 2022.
By: ______/s/__________
Lisa Pope, City Clerk
Regular Vernon City Council Meeting Tuesday, August 2, 2022
Guide to City Council Proceedings
Meetings of the City Council are held the first and third Tuesday of each month at 9:00 a.m. and are conducted in accordance with Rosenberg's Rules of Order (Vernon Municipal Code Section 2.04.020).
Copies of all agenda items and back-up materials are available for review in the City Clerk Department, Vernon City Hall, 4305 Santa Fe Avenue, Vernon, California, and are available for public inspection during regular business hours, Monday through Thursday, 7:00 a.m. to 5:30 p.m. Agenda reports may be reviewed on the City's website at www.cityofvernon.org or copies may be purchased for $0.10 per page.
Disability-related services are available to enable persons with a disability to participate in this meeting, consistent with the Americans with Disabilities Act (ADA). In compliance with ADA, if you need special assistance, please contact the City Clerk department at [email protected] or (323) 583-8811 at least 48 hours prior to the meeting to assure arrangements can be made.
The Public Comment portion of the agenda is for members of the public to present items, which are not listed on the agenda but are within the subject matter jurisdiction of the City Council.
The City Council cannot take action on any item that is not on the agenda but matters raised under Public Comment may be referred to staff or scheduled on a future agenda. Comments are limited to three minutes per speaker unless a different time limit is announced. Speaker slips are available at the entrance to the Council Chamber.
Public Hearings are legally noticed hearings. For hearings involving zoning matters, the applicant and appellant will be given 15 minutes to present their position to the City Council.
Time may be set aside for rebuttal. All other testimony shall follow the rules as set for under Public Comment. If you challenge any City action in court, you may be limited to raising only those issues you or someone else raised during the public hearing, or in written correspondence delivered to the City Clerk at or prior to the public hearing.
Consent Calendar items may be approved by a single motion. If a Council Member or the public wishes to discuss an item, it may be removed from the calendar for individual consideration. Council Members may indicate a negative or abstaining vote on any individual item by so declaring prior to the vote on the motion to adopt the Consent Calendar. Items excluded from the Consent Calendar will be taken up following action on the Consent Calendar.
Public speakers shall follow the guidelines as set forth under Public Comment.
New Business items are matters appearing before the Council for the first time for formal action. Those wishing to address the Council on New Business items shall follow the guidelines for Public Comment.
Closed Session allows the Council to discuss specific matters pursuant to the Brown Act, Government Code Section 54956.9. Based on the advice of the City Attorney, discussion of these matters in open session would prejudice the position of the City. Following Closed Session, the City Attorney will provide an oral report on any reportable matters discussed and actions taken. At the conclusion of Closed Session, the Council may continue any item listed on the Closed Session agenda to the Open Session agenda for discussion or to take formal action as it deems appropriate.
City Council Agenda Item Report
Submitted by: Diana Figueroa
Submitting Department: City Administration
Meeting Date: August 2, 2022
SUBJECT
City Administrator Report:
New Business Welcome
June Job Fair Recap
Vernon CommUNITY Fund Highlights
Southern California Public Power Authority Tour
Community Engagement
Business Anniversary Highlight
Recommendation:
No action is required by City Council. This is a presentation only.
Background:
The City Administrator Report is a presentation highlighting City projects, responses to Council inquiries, and events and activities of interest to the community. The report will be available at the time of the meeting.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
None.
City Council Agenda Item Report
Submitted by: Daniel Wall
Submitting Department: Public Works
Meeting Date: August 2, 2022
SUBJECT
Urgency Ordinance No. 1286 Extending Interim Urgency Ordinance No. 1283 - Warehouse Moratorium
Recommendation:
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and
B. Adopt Urgency Ordinance No. 1286, pursuant to Government Code Section 65858, extending a moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon for an additional ten (10) months and fifteen (15) days, or until City Council's adoption of an ordinance addressing the moratorium issues, whichever occurs first.
Background:
On June 21, 2022, pursuant to Government Code Section 65858, the City Council adopted Ordinance No. 1283 (Attachment 2), a 45-day urgency moratorium ordinance. Ordinance No. 1283 was adopted to protect the public health, safety, and welfare by prohibiting the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking in the City of Vernon.
Subsequently, pursuant to Government Code Section 65858(d) which requires that at least 10-days prior to the expiration of a 45-day urgency ordinance the City issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium, staff provided Council with a report at its July 19, 2022 City Council meeting (Attachment 3). The report described staff's engagement with the business community and its commencement of the process to amend Chapter 17 (Zoning Code) of the Vernon Municipal Code (VMC).
Staff is prepared to present a draft ordinance pertaining to warehouse use to City Council for first reading at its August 2, 2022 meeting. The permanent ordinance would change new warehouse uses on lots encompassing 150,000 square feet or more from allowance by right to approval through approval of a development agreement by the City Council.
NEED TO EXTEND THE MORATORIUM
The urgency moratorium (authorized by Urgency Ordinance No. 1283) was immediately required to preserve public health, safety, and welfare. It is recommended that proposed Ordinance No. 1286 be adopted to immediately extend the moratorium to make certain that permits for warehouse and related businesses are issued only under adequate regulations and consistent with the City’s future goals for development and expansion. Temporary extension of the Moratorium will allow the City sufficient time to conclude the preparation of comprehensive studies and plans for the regulation of such activities. The absence of this Ordinance would allow the proliferation of such businesses and their undesirable secondary impacts, and create a serious threat to the orderly and effective implementation of any amendments to the General Plan and the Zoning Code, and Specific Plan or Plans being developed, as well as the vision for the City going forward, contemplated by the City Council.
It is proposed that the moratorium be extended for an additional ten (10) months and fifteen (15) days beyond its original expiration date, such that the Moratorium will now expire on June 20, 2023, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first.
Although amendments to the Zoning Code are being proposed at the August 2, 2022 Council meeting via the first reading of Ordinance No. 1287, adoption will follow a second reading at a subsequent Council meeting. Even if approved by the City Council in successive meetings, the proposed permanent ordinance would not take effect prior to the current 45-day warehouse moratorium expiration date of August 5, 2022.
Under Government Code Section 65858(a), the City Council may extend the urgency ordinance and moratorium for an additional 10 months and 15 days, and subsequently for one year, for a total of two years. Due to noticing, public hearing and procedural requirements for the adoption of ordinance noted above, staff recommends that Ordinance No. 1283 be extended to remain in place until the permanent zoning change takes effect.
Pursuant to Vernon Municipal Code Section 17.18.030 and Government Code Section 65091, on July 21, 2022, the public hearing notice was posted at City Hall, and published in the Huntington Park Bulletin (Attachment 4).
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Urgency Ordinance No. 1286
2. Adopted Ordinance No. 1283 - Interim Urgency Ordinance Warehouse Moratorium
3. 10-Day Report on Urgency Moratorium (July 19, 2022 Staff Report)
4. Notice of Public Hearing
URGENCY ORDINANCE NO. 1286
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, PURSUANT TO GOVERNMENT CODE SECTION 65858,
EXTENDING A MORATORIUM ON THE ESTABLISHMENT, EXPANSION,
OR MODIFICATION OF WAREHOUSE USES, FREIGHT TERMINALS,
TRUCK TERMINALS, CONTAINER STORAGE, AND CONTAINER
PARKING WITHIN THE CITY OF VERNON FOR AN ADDITIONAL TEN (10) MONTHS AND FIFTEEN (15) DAYS, OR UNTIL CITY COUNCIL’S
ADOPTION OF AN ORDINANCE ADDRESSING THE MORATORIUM
ISSUES, WHICHEVER OCCURS FIRST
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California.
B. The State Planning and Zoning Law (California Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community.
C. Government Code Section 65858 provides that a city legislative body may, in order to protect public safety, health and welfare, adopt as an urgency measure an interim ordinance prohibiting any uses that may conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body is considering or studying or intends to study within a reasonable time, provided such urgency measures are adopted by four-fifths vote of the legislative body and include findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of additional entitlements would result in that threat to public health, safety, or welfare.
D. On June 21, 2022, pursuant to the authority conferred upon the City Council by Government Code Section 65858, the City Council adopted Interim Urgency Ordinance No. 1283 by a unanimous vote, establishing a 45-day moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon (Moratorium) and declaring the urgency thereof. The City Council also adopted Interim Urgency Ordinance No. 1283 as an emergency measure, pursuant to Chapter 4.4 of the Charter of the City of Vernon, for the immediate preservation of the public safety, health, or peace.
E. The Moratorium will expire on August 5, 2022, unless extended pursuant to Government Code Section 65858, which authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an Ordinance No. 1286
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ordinance extending the moratorium for ten (10) months and fifteen (15) days, upon approval by a four-fifths vote, and upon making the same findings required for initial adoption of the Moratorium.
F. Government Code Section 65858(d) requires the City Council, at least ten days prior to expiration of the Moratorium or any extension thereof, to issue a written report describing the measures taken to alleviate the condition which led to the adoption of the Moratorium.
G. In accordance with Government Code Section 65858(d), on July 19, 2022, the City Council approved and issued a ten-day report, describing the measures being taken to alleviate the conditions which led to the adoption of the Moratorium.
H. The City intends to update the Vernon Municipal Code to address the potential health, safety, and welfare impacts of warehouse uses, freight terminals, truck terminals, container storage, and container parking, which are not addressed by the City’s current zoning regulations.
I. Pursuant to Government Code Section 65858, the City Council wishes to extend the Moratorium for a period of ten (10) months and fifteen (15) days, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first.
J. At a duly noticed public hearing, testimony evidence was heard and presented from all persons protesting the same and from members of City staff, and the City Council has reviewed, analyzed, considered, and studied all oral and written testimony and evidence presented at such public hearing.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this Ordinance.
SECTION 3. The City Council of the City of Vernon hereby extends Interim Urgency Ordinance No. 1283 and the moratorium on any establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon, for an additional ten (10) months and fifteen (15) days beyond its original expiration date, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first.
Ordinance No. 1286
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SECTION 4. Urgency Findings. California Government Code Section 65858 authorizes the City Council, after notice pursuant to Government Code Section 65090 and a public hearing, to adopt an ordinance extending the Moratorium for ten (10) months and fifteen (15) days, upon approval by a four-fifths vote, and upon making the same findings required for initial adoption of the Moratorium. In accordance with Government Code Section 65858 and Vernon City Charter Chapter 4.4, in order to protect the public health, safety, and welfare, the City Council of the City of Vernon hereby finds, determines, and declares that:
A. The City has experienced significant growth of large warehouses, distribution facilities, and related businesses. These facilities can generate unique environmental impacts on surrounding properties and the larger community, including frequent truck traffic, noise impacts from on-site operations, emissions and air quality issues, and maintenance impacts on City streets.
B. The Moratorium is being temporarily extended to allow the City sufficient time to review, study and revise the City’s laws, rules, procedures, and fees related to warehouse and related businesses in the City of Vernon. In light of the City’s exceptionally low vacancy rate and continued growth of large warehouse and related facilities, the City Council finds that the following adverse public safety, health, and welfare impacts are of real concern:
1. Establishment, expansion, or modification of warehouse and related businesses may create immediate irreversible and costly adverse impacts in the community; to wit, street damage, noise, vibration, and pollution. These impacts are already dire for the City and would worsen and become less manageable with every new warehouse facility that begins or expands its operation in the City of Vernon. The City cannot afford to continue to impose such impacts onto its budget and its citizens and cannot allow these impacts to accumulate any further while the General Plan and Zoning Code are updated, and Specific Plan or Plans are being developed.
2. It is now essential to determine the development capacity within the City where such businesses are currently permitted, considering the capabilities of infrastructure and public services.
3. Through analysis of the impacts currently imposed by the current amount of truck traffic generated by warehouse and related facilities, traffic studies to determine ways in which to minimize truck traffic impacts, and measures that the City can take to mitigate or prevent impacts from logistics facilities altogether.
4. Absent the adoption of this Ordinance, the establishment, expansion, or modification of warehouse and related businesses could result in the negative and harmful secondary effects identified above.
Ordinance No. 1286
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5. As a result of the negative and harmful secondary effects associated with the establishment, expansion, or modification of warehouse and related businesses, the current and immediate threat these businesses pose to the public health, safety, and welfare, and the potential zoning conflicts that would be created by such development, it is necessary to adopt a temporary extension of the Moratorium on the establishment, expansion, or modification of warehouse and related businesses in the City.
6. The Moratorium is necessary in order to protect the City and its residents, businesses and visitors from the potential health and safety impacts of logistics businesses, including air quality, noise, traffic, parking, and other impacts, and to preserve the quality of life and protect the health, safety, and welfare of the surrounding communities.
7. The Moratorium is immediately required to preserve the public health, safety, and welfare and should be extended immediately as an urgency ordinance, to make certain that permits for warehouse and related businesses are issued only under adequate regulations and consistent with the City’s future goals for development and expansion. Temporary extension of the Moratorium will allow the City sufficient time to conclude the preparation of comprehensive studies and plans for the regulation of such activities. The absence of this Ordinance would allow the proliferation of such businesses and their undesirable secondary impacts, and create a serious threat to the orderly and effective implementation of any amendments to the General Plan and the Zoning Code, and Specific Plan or Plans being developed, as well as the vision for the City going forward, contemplated by the City Council.
8. Truck trips generated by logistics facilities have direct impacts on the community including traffic, air quality, noise, vibrations, and health impacts on the community.
9. Truck traffic increases the maintenance costs of streets for the City. For example, a 1999 study for the City of Irwindale concluded that one loaded mining truck causes street damage equivalent to that caused by 10,000 automobiles. City of Irwindale Mining Reclamation Impact Study, prepared by Greystone, March 1999, Vol. I, p. iii @ 2.a., and Vol. II., pp. 25-29. A loaded mining truck weighs approximately 80,000 pounds, which is comparable to the average weight of loaded 18-wheeler trucks that commonly traverse the City of Vernon to and from warehouse facilities. The City intends to further research this issue and determine the impacts of trucks with three axles or more.
10.Trucks likely affect air quality, as their emissions are many times those of passenger vehicles, and thus are also likely to have concomitant health effects.
Diesel engines emit a complex mixture of air pollutants, including both gaseous Ordinance No. 1286
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and solid material. The solid material in diesel exhaust is known as diesel particulate matter (DPM). DPM is considered a subset of particulate matter less than 2.5 microns in diameter (PM2.5). Most PM2.5 derives from combustion, such as use of gasoline and diesel fuels by motor vehicles, DPM is most concentrated adjacent to freeways and streets traveled by trucks. PM2.5 is the size of ambient particulate matter air pollution most associated with adverse health effects of the air pollutants that have ambient air quality standards.
These health effects include cardiovascular and respiratory hospitalizations, and premature death.
C. Over the next few months, the City will update its General Plan and Zoning Code and adopt a Specific Plan or Plans to update its goals and policies for the development of the City. While the City recognizes the value of warehouse facilities, the City must balance the interests of such businesses on the one hand, and the well-being of the community, attraction of land uses that create high-paying jobs, generate revenues to pay for road maintenance and other essential services, and ensure that warehouse facilities mitigate their fair share of impacts on the City and the surrounding community.
D. Because of the actual and potential detrimental impacts of warehouse and related uses upon the City, which impacts may not be presently adequately addressed by the City’s existing ordinances and zoning regulations, there is a need to temporarily extend the Moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking uses in order to study and develop policy guidance and potentially implement changes to the City’s zoning regulations and General Plan update.
E. The City Council further finds that the Moratorium is a matter of local and Citywide importance and is not directed towards any particular person or entity that seeks to operate warehouse and related facilities.
SECTION 5. Extension of Moratorium.
A. Moratorium: Based on the findings set forth herein for the immediate preservation of the public health, safety, and welfare, during the effective period of this Ordinance, no application for permit will be accepted, no consideration of any application for permit will be made, and no permit will be issued by the City for the establishment, expansion, or modification of any logistics facilities within the City until this Ordinance has expired or has been repealed according to applicable law.
Subject to the Exemptions set forth below, all processing of existing applications for permits shall be suspended immediately.
Ordinance No. 1286
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B. Exemptions: This Ordinance shall not apply to the following:
1. The annual renewal of an existing business license, any permits necessary for the routine maintenance of the buildings or sites, or any permits necessary for repairs required due to an emergency or to protect the public health, safety, and welfare shall not be considered issuance of a permit.
2. Tenant improvements for current tenants within an existing building, provided the tenant improvements would not otherwise be considered an expansion or modification of the facility.
3. Any new or renewed lease agreement.
4. The establishment, expansion, or modification of any warehouse or related facilities with pending permits (which includes submittal of a site plan for review) or that have already received full approvals and commenced construction or incurred expenses for construction prior to this Ordinance.
SECTION 6. Review and Study. During the period of this Ordinance, the Director of Public Works along with other City staff shall continue to review and study the adverse impacts of and the benefits provided by, warehouse and related facilities in the City, so as to quantify the concerns described in Section 4, and shall recommend proposed revisions to the City’s laws, rules, procedures, and fees related to these facilities, so as to enable the City to adequately and appropriately balance the rights of existing property owners and future applicants who wish to establish, expand, or modify logistics facilities, with the preservation of the health, safety and welfare of the communities.
SECTION 7. Duration of Ordinance. The Moratorium is hereby extended for an additional ten (10) months and fifteen (15) days beyond its original expiration date, such that the Moratorium will now expire on June 20, 2023, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first. Thereafter, this Moratorium shall be of no further force and effect unless, after a duly noticed public hearing, the City Council further extends the Moratorium for an additional period of time pursuant to Government Code Section 65858.
SECTION 8. City Action. During the period of this Moratorium extension, the Director of Public Works or designee along with other City staff shall: (1) review and consider options for the regulation of warehouse uses, freight terminals, truck terminals, container storage, and container parking within the City of Vernon, and (2) shall issue a written report describing the measures which the City has taken to address the conditions which led to the adoption of this Ordinance to the City Council at least ten (10) days prior to the expiration of this Moratorium, or any extension thereof, and such report shall be made available to the public.
Ordinance No. 1286
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SECTION 9. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further are repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 10. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 11. The City Clerk shall certify the adoption and publish this ordinance as required by law.
SECTION 12. This Ordinance shall go into effect immediately upon adoption by 4/5 vote and shall be of no further force and effect ten (10) months and fifteen (15) days beyond its original expiration date, or until the effective date of an ordinance adopted by City Council addressing the issues related to the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking, whichever occurs first. Thereafter, this Moratorium shall be of no further force and effect unless, after a duly noticed public hearing, the City Council further extends the Moratorium for an additional period of time pursuant to Government Code Section 65858.
APPROVED AND ADOPTED this 2nd day of August, 2022.
_______________________
LETICIA LOPEZ, Mayor
ATTEST:
_______
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
_____________________________
ZAYNAH N. MOUSSA, City Attorney
INTERIM URGENCY ORDINANCE NO. 1283
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON, PURSUANT TO GOVERNMENT CODE SECTION
65858, ADOPTING A 45-DAY TEMPORARY MORATORIUM ON THE
ESTABLISHMENT, EXPANSION, OR MODIFICATION OF WAREHOUSE
USES, FREIGHT TERMINALS, TRUCK TERMINALS, CONTAINER
STORAGE, AND CONTAINER PARKING WITHIN THE CITY OF VERNON
AND DECLARING THE URGENCY THEREOF
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California.
B. The State Planning and Zoning Law (California Government Code Sections 65000, et seq.) broadly empowers the City to plan for and regulate the use of land in order to provide for orderly development, the public health, safety, and welfare, and a balancing of property rights and the desires of the community.
C. This Interim Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Vernon by Government Code Section 65858 and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council as if, and to the same extent that, such Ordinance had been adopted pursuant to each of the individual sections set forth herein. The City Council of the City of Vernon also finds and declares that it is necessary and appropriate to adopt this Ordinance as an emergency measure, pursuant to Chapter 4.4 of the Charter of the City of Vernon, for the immediate preservation of the public safety, health, or peace.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this Ordinance.
SECTION 3. Definitions. The following definitions are applicable to this Interim Urgency Ordinance, unless the context clearly indicates otherwise:
A. “Cargo container” shall mean any container sufficiently durable for repeated use which, by virtue of its own particular design, permits the temporary storage and protection of bulk commodities, goods, and other cargo, and which may be transported in various modes without intermediate loading or unloading.
B. “Cargo container storage“ shall mean a facility for the storage or stacking of one or more cargo containers.
Ordinance No. 1283
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C. “Cargo container parking” shall mean a facility for the parking of a trailer, detached from the tractor unit, on which one or more cargo containers may be loaded.
D. “Director” means the Director of Public Works, or his/her designee.
E. “Establishment” means to bring into existence (a new warehouse facility).
F. “Expansion” means:
1. Any increase of the total size of the floor area of any existing building;
2. Any expansion/intensification of truck yards, cargo container parking, and cargo container storage;
3. Construction of any new structure on the premises of an existing business; G. “Facility” means a temporary or permanent use of land or use of premises, a building or structure, or part of a building or structure.
H. “Industrial wholesale” means an industrial facility consisting of the exchange of large quantities of goods for future distribution and resale for financial or other considerations.
I. “Modification” means making any changes, remodeling, or alterations to an existing building or site that require permits. Modification shall include change in tenant at an existing facility requiring a business license. A change in tenant means any amendment to a lease agreement that extends the term of the lease for more than three years, or a new lease agreement with a term longer than three years.
J. “Permit” means any City planning land use approvals, any new business license tax permit (including the transfer of a business license from one owner to another), and any building, grading, plumbing, electrical, or mechanical permit, whether the approval or issuance is discretionary or ministerial.
K. “Portable storage rental facility” means operations that rent individual storage containers to members of the public or businesses for the storage of a variety of items.
L. “Truck” means all Federal Highway Administration (FHWA) vehicle classes including Class 5 or higher.
M. “Truck yard” means a principal use of land for parking or storage of trucks in active use with or without servicing or repairing of trucks as an incidental use thereto.
Ordinance No. 1283
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N. “Truck terminal” means a principal use of land or building where there are dock facilities for trucks, either partially enclosed or unenclosed, for the purposes of transferring goods or breaking down and assembling tractor-trailer transport.
O. “Warehouse” means an industrial building used for the freight forwarding, deposit, storage, safekeeping, transportation of goods, distribution facilities, logistics services such as but not limited to material handling, packaging, inventory, transportation, storage, warehousing, industrial wholesale, portable storage rental facility, truck terminals, hazardous materials and/or hazardous waste facilities, truck yards, cargo container storage and cargo container parking, manufacturing uses with less than 50% of floor area devoted to manufacturing.
SECTION 4. Urgency Findings. In accordance with California Government Code Section 65858 and Vernon City Charter Chapter 4.4, in order to protect the public health, safety, and welfare, the City Council of the City of Vernon hereby finds, determines, and declares that:
A. The City has experienced significant growth of large warehouses, distribution facilities, and related businesses. These facilities can generate unique environmental impacts on surrounding properties and the larger community, including frequent truck traffic, noise impacts from on-site operations, emissions and air quality issues, and maintenance impacts on City streets.
B. Government Code Section 65858 expressly authorizes the City Council, in order to protect public health, safety, and welfare, to adopt an interim urgency ordinance prohibiting a use that is in conflict with a contemplated general plan, specific plan, or zoning proposal that the legislative body, planning commission, or planning department is considering or studying or intends to study within a reasonable time, provided that the urgency ordinance shall require a four-fifths (4/5) vote of the legislative body for adoption, and shall be of no further force and effect 45 days from its date of adoption, unless duly extended. Chapter 4.4 of the Vernon City Charter also authorizes the City Council to adopt an emergency ordinance for the immediate preservation of public safety, health, or peace.
C. This Ordinance is being adopted to allow the City sufficient time to review, study and revise the City’s laws, rules, procedures, and fees related to warehouse and related businesses in the City of Vernon. In light of the City’s exceptionally low vacancy rate and continued growth of large warehouse and related facilities, the City Council finds that the following adverse public safety, health, and welfare impacts are of real concern:
a. Establishment, expansion, or modification of warehouse and related businesses may create immediate irreversible and costly adverse impacts in the community; to wit, street damage, noise, vibration, and pollution. These impacts are already dire for the City and would worsen and become less Ordinance No. 1283
_______________________
manageable with every new warehouse facility that begins or expands its operation in the City of Vernon. The City cannot afford to continue to impose such impacts onto its budget and its citizens and cannot allow these impacts to accumulate any further while the General Plan and Zoning Code are updated, and Specific Plan or Plans are being developed.
b. It is now essential to determine the development capacity within the City where such businesses are currently permitted, considering the capabilities of infrastructure and public services.
c. Through analysis of the impacts currently imposed by the current amount of truck traffic generated by warehouse and related facilities, traffic studies to determine ways in which to minimize truck traffic impacts, and measures that the City can take to mitigate or prevent impacts from logistics facilities altogether.
d. Absent the adoption of this Ordinance, the establishment, expansion, or modification of warehouse and related businesses could result in the negative and harmful secondary effects identified above.
e. As a result of the negative and harmful secondary effects associated with the establishment, expansion, or modification of warehouse and related businesses, the current and immediate threat these businesses pose to the public health, safety, and welfare, and the potential zoning conflicts that would be created by such development, it is necessary to adopt a temporary, fortyfive (45) day moratorium on the establishment, expansion, or modification of warehouse and related businesses in the City.
f. A moratorium is necessary in order to protect the City and its residents, businesses and visitors from the potential health and safety impacts of logistics businesses, including air quality, noise, traffic, parking, and other impacts, and to preserve the quality of life and protect the health, safety, and welfare of the surrounding communities.
g. A moratorium is immediately required to preserve the public health, safety, and welfare and should be adopted immediately as an urgency ordinance, to make certain that permits for warehouse and related businesses are issued only under adequate regulations and consistent with the City’s future goals for development and expansion. Imposition of a moratorium will allow the City sufficient time to conclude the preparation of comprehensive studies and plans for the regulation of such activities. The absence of this Ordinance would allow the proliferation of such businesses and their undesirable secondary impacts, and create a serious threat to the orderly and effective implementation of any amendments to the General Plan and the Zoning Code, and Specific Plan or Ordinance No. 1283
_______________________
Plans being developed, as well as the vision for the City going forward, contemplated by the City Council.
h. Truck trips generated by logistics facilities have direct impacts on the community including traffic, air quality, noise, vibrations, and health impacts on the community.
i. Truck traffic increases the maintenance costs of streets for the City. For example, a 1999 study for the City of Irwindale concluded that one loaded mining truck causes street damage equivalent to that caused by 10,000 automobiles. City of Irwindale Mining Reclamation Impact Study, prepared by Greystone, March 1999, Vol. I, p. iii @ 2.a., and Vol. II., pp. 25-29. A loaded mining truck weighs approximately 80,000 pounds, which is comparable to the average weight of loaded 18-wheeler trucks that commonly traverse the City of Vernon to and from warehouse facilities. The City intends to further research this issue and determine the impacts of trucks with three axles or more. j. Trucks likely affect air quality, as their emissions are many times those of passenger vehicles, and thus are also likely to have concomitant health effects.
Diesel engines emit a complex mixture of air pollutants, including both gaseous and solid material. The solid material in diesel exhaust is known as diesel particulate matter (DPM). DPM is considered a subset of particulate matter less than 2.5 microns in diameter (PM2.5). Most PM2.5 derives from combustion, such as use of gasoline and diesel fuels by motor vehicles, DPM is most concentrated adjacent to freeways and streets traveled by trucks. PM2.5 is the size of ambient particulate matter air pollution most associated with adverse health effects of the air pollutants that have ambient air quality standards.
These health effects include cardiovascular and respiratory hospitalizations, and premature death.
D. Over the next few months, the City will update its General Plan and Zoning Code and adopt a Specific Plan or Plans to update its goals and policies for the development of the City. While the City recognizes the value of warehouse facilities, the City must balance the interests of such businesses on the one hand, and the well-being of the community, attraction of land uses that create high-paying jobs, generate revenues to pay for road maintenance and other essential services, and ensure that warehouse facilities mitigate their fair share of impacts on the City and the surrounding community.
E. Because of the actual and potential detrimental impacts of warehouse and related uses upon the City, which impacts may not be presently adequately addressed by the City’s existing ordinances and zoning regulations, there is a need to impose a temporary moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking uses in order to study and develop policy guidance and Ordinance No. 1283
_______________________
potentially implement changes to the City’s zoning regulations and General Plan update.
F. The City Council further finds that the moratorium is a matter of local and Citywide importance and is not directed towards any particular person or entity that seeks to operate warehouse and related facilities.
SECTION 5. Moratorium.
A. Moratorium: Based on the findings set forth herein for the immediate preservation of the public health, safety, and welfare, during the effective period of this Ordinance, no application for permit will be accepted, no consideration of any application for permit will be made, and no permit will be issued by the City for the establishment, expansion, or modification of any logistics facilities within the City until this Ordinance has expired or has been repealed according to applicable law.
Subject to the Exemptions set forth below, all processing of existing applications for permits shall be suspended immediately.
B. Exemptions: This Ordinance shall not apply to the following:
1. The annual renewal of an existing business license, any permits necessary for the routine maintenance of the buildings or sites, or any permits necessary for repairs required due to an emergency or to protect the public health, safety, and welfare shall not be considered issuance of a permit.
2. Tenant improvements for current tenants within an existing building, provided the tenant improvements would not otherwise be considered an expansion or modification of the facility.
3. Any new or renewed lease agreement.
4. The establishment, expansion, or modification of any warehouse or related facilities with pending permits (which includes submittal of a site plan for review) or that have already received full approvals and commenced construction or incurred expenses for construction prior to this Ordinance.
SECTION 6. Review and Study. During the period of this Ordinance, the Director of Public Works shall review and study the adverse impacts of and the benefits provided by, warehouse and related facilities in the City, so as to quantify the concerns described in Section 4, and shall recommend proposed revisions to the City’s laws, rules, procedures, and fees related to these facilities, so as to enable the City to adequately and appropriately balance the rights of existing property owners and future applicants who wish to establish, expand, or modify logistics facilities, with the preservation of the health, safety and welfare of the communities.
Ordinance No. 1283
_______________________
SECTION 7. Written Report. Pursuant to Government Code Section 65858, staff must prepare for consideration by the City Council a written report describing measures taken to address the condition which led to the adoption of this urgency ordinance. The report will be provided to the City Council so that it may be considered and issued no later than ten (10) days prior to the expiration of this urgency ordinance.
SECTION 8. Authority. The City Council of the City of Vernon hereby adopts this Ordinance as an interim urgency measure pursuant to Government Code Section 65858 and Chapter 4.4. of the Charter of the City of Vernon to protect the public health, safety, and welfare, and is adopted and justified based on the findings of the City Council in Recitals of this Ordinance; which are supported by substantial evidence in the record associated with the City Council’s consideration hereof.
SECTION 9. The City Council of the City of Vernon hereby passes this Ordinance by a four-fifths vote of the City Council. Accordingly, this urgency ordinance shall take effect immediately upon adoption for a period of 45 days, at which time it will automatically expire unless extended by the City Council as permitted under the Government Code.
SECTION 10. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further are repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 11. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 12. The City Clerk shall certify the adoption and publish this ordinance as required by law.
Ordinance No. 1283
_______________________
SECTION 13: This Ordinance shall go into effect and be in full force and effect immediately upon adoption.
APPROVED AND ADOPTED this 21st day of June, 2022.
_______________________
LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
______________________
ZAYNAH N. MOUSSA,
Interim City Attorney
I CERTIFY THAT THE FOREGOING ORDINANCE NO. 1283 was passed and adopted by the City Council of the City of Vernon at the regular meeting on June 21, 2022 by the following vote:
AYES: 5 Council Members: Davis, Merlo, Ybarra, Larios, Lopez NOES: 0
ABSENT: 0
ABSTAIN: 0
________________________________
LISA POPE, City Clerk
(seal)
City Council Agenda Item Report
Submitted by: Daniel Wall
Submitting Department: Public Works
Meeting Date: July 19, 2022
SUBJECT
10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking
Recommendation:
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and
B. Receive and file 10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking.
Background:
On June 21, 2022, pursuant to Government Code Section 65858, the City Council adopted Ordinance No. 1283, a 45-day urgency moratorium ordinance. Ordinance No. 1283 was adopted to protect the public health, safety, and welfare by prohibiting the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking in the City of Vernon. Government Code Section 65858(d), requires that at least 10-days prior to the expiration of a 45-day urgency ordinance, the City issue a written report describing the measures taken to alleviate the conditions which led to the adoption of the moratorium.
Measures Taken to Alleviate the Conditions that Led to the Adoption of the Urgency Ordinance Actions addressing the underlying need for the moratorium are ongoing and include the following:
Commencement of the process to amend Chapter 17 (Zoning Code) of the Vernon Municipal Code as it pertains to warehouse uses via a permanent ordinance that would change new warehouse uses on lots encompassing 150,000 square feet or more from allowance by right to approval through a Development Agreement Use of a Development Agreement will allow the City to address community health and safety issues by evaluating warehouse development on a case-by-case basis.
Establishing regulatory standards and criteria at the City level will ensure that land uses consider the quality of life of individuals living and working in the Vernon area, and that their welfare remains a priority.
City staff have provided opportunities for stakeholders to offer feedback and ask questions regarding warehouse regulations
On June 30, 2022, staff met with stakeholders through the Vernon Chamber of Commerce
1 On July 14, 2022, staff presented an item on warehouse regulation to the Vernon Business and Industry Commission (BIC)
City Staff has noticed a public hearing on the proposed permanent ordinance in accordance with state law.
Next steps include the following:
Submitting the draft ordinance to the City Council, with Business and Industry Commission input and recommendations, for introduction and first reading on August 2, 2022; and
Return the draft ordinance to the City Council, with any requested changes, for second reading and adoption.
Continued Need for the Moratorium
As noted, actions addressing the underlying need for the moratorium are ongoing. Specifically, staff is preparing amendments to the Zoning Code. These Zoning Code amendments require a public hearing before the City Council, with adoption to follow a second reading at a subsequent Council meeting. Even if approved by the City Council in successive meetings, the proposed permanent ordinance would not take effect prior to the 45-day warehouse moratorium (authorized by Temporary Urgency Ordinance No. 1283) expires on August 5, 2022.
Under Government Code Section 65858(a), the City Council may extend the urgency ordinance and moratorium for an additional 10 months and 15 days, and subsequently for one year, for a total of two years. Due to noticing, public hearing and procedural requirements for the adoption of ordinances noted above, staff recommends that Ordinance 1283 remain in place until the permanent zoning change takes effect. Staff will present the recommendation to extend the urgency moratorium to City Council at the August 2 Council Meeting.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Ordinance No. 1283
2 CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
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Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
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LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
HRG NOTICE OF HEARING
Notice of Public Hearing - Time Extension of Moratorium on Warehouse 07/21/2022
Notice Type:
Ad Description
COPY OF NOTICE
3606896
!A000006070784!
An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
NOTICE OF CITY COUNCIL PUBLIC HEARING
The City Council of the City of Vernon will
conduct a public hearing, which you may attend,
at Vernon City Hall, City Council Chamber, 4305
Santa Fe Avenue, Vernon, CA 90058, or via
Zoom Webinar at
http://www.cityofvernon.org/webinar-cc, in
accordance with Assembly Bill 361, on August 2,
2022 at 9:00 a.m. (or as soon thereafter as the
matter can be heard), to:
Consider adoption of an ordinance extending the
45-day temporary moratorium on warehouse and
related uses adopted by Interim Urgency
Ordinance No. 1283
All relevant documents will be available for public
review on the City's website once the agenda for
the meeting is posted or from the City Clerk at
[email protected] or (323) 583-8811
ext. 546. All interested persons will be given an
opportunity to comment on the above-referenced
items during the public hearing. In addition,
written comment or questions may be submitted
prior to the hearing as set forth below. Written
Testimony or questions must be received prior to
9:00 a.m. on the date of the hearing.
Please send your comments or questions to:
Daniel Wall, Director of Public Works
City of Vernon
4305 Santa Fe Avenue, Vernon, CA 90058
(323) 583-8811 ext. 305
Email: [email protected]
If you challenge the adoption of said ordinance or
any provision thereof in court, you may be limited
to raising only those issues you or someone else
raised at the hearing described in this notice or in
written correspondence delivered to the City of
Vernon at, or prior to, the meeting.
In compliance with the Americans with Disabilities
Act (ADA), if you need special assistance to
participate in the meeting, please contact the
Office of the City Clerk at (323) 583-8811 ext.
546.
The hearing may be continued, adjourned, or
cancelled and rescheduled to a stated time and
place without further notice of a public hearing.
Dated: July 18, 2022
/s/ _
Lisa Pope, City Clerk
7/21/22
PRE-3606896#
HUNTINGTON PARK BULLETIN
City Council Agenda Item Report
Submitted by: Daniel Wall
Submitting Department: Public Works
Meeting Date: August 2, 2022
SUBJECT
Ordinance No. 1287 Amending Title 17 of the Vernon Municipal Code pertaining to Warehouse Uses
Recommendation:
A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378;
B. Introduce and conduct first reading of Ordinance No. 1287 amending Chapters
17.16.020 and 17.24.020 and adding Chapter 17.24.035 to Title 17 (Zoning) of the Vernon Municipal Code relating to warehouse uses; and
C. Direct staff to schedule second reading and adoption for the August 16, 2022 City Council Meeting.
Background:
In recent years, the proliferation of e-commerce and rising consumer expectations of rapid shipping have contributed to a boom in warehouse development. With its ports, population centers, and transportation network, California has been especially affected by this trend.
Warehouses and related businesses such as truck terminals, truck yards, and container storage operations generate significant environmental impacts. As a result, the California Attorney General’s Bureau of Environmental Justice has increased its scrutiny over warehouse developments and the impacts associated with their operations and heavy fleet use.
Like the State, the City has experienced significant growth of large warehouses, distribution facilities and related businesses. Such facilities consume large areas of land in Vernon with little benefit to the City as they typically do not provide many jobs or generate sufficient utility users tax, property tax, sales tax, or business license revenues to off-set their impact on the City. As noted above, warehouses and related businesses can generate unique environmental impacts on surrounding properties and the larger community, including frequent truck traffic, noise impacts from on-site operations, emissions and air quality issues that impact public health, and maintenance impacts on City streets. Currently, the vacancy rate in the City is exceptionally low. This increases the value of property which, in turn, encourages a greater intensity of use at warehouse facilities, which increase the truck trips generated by these facilities. Additionally, advances in robotics and e-commerce have reduced the number of people employed by these facilities. The proliferation of these facilities presents several issues for the Community and the City including environmental and health, traffic and safety, land use, and fiscal issues.
Environmental and Health Issues
Diesel engines emit a complex mixture of air pollutants, including both gaseous and solid material. The solid material in diesel exhaust is known as diesel particulate matter (DPM).
DPM is considered a subset of particulate matter less than 2.5 microns in diameter (PM2.5).
Most PM2.5 derives from combustion, such as the use of gasoline and diesel fuels by motor vehicles. DPM is most concentrated adjacent to freeways and streets traveled by trucks.
PM2.5 is the size of ambient particulate matter air pollution most associated with adverse health effects of the air pollutants that have ambient air quality standards. These health effects include cardiovascular and respiratory conditions.
Traffic and Safety Issues
Warehouse facilities generate significant truck traffic, and sometimes these facilities and/or the trucks operate 24-hours-a-day. This truck traffic causes environmental issues including traffic congestion, detrimental air quality, noise, and vibration. These trucks travel City streets to reach their destinations and, because of their sheer size, pose unique and challenging traffic issues such as: Increased safety risk for smaller vehicles, pedestrians, and bicyclists; damage to City property/facilities from collisions (reported and unreported) impacting streetlights, traffic signal equipment, signs, trees, curbs, medians, etc.; reduced levels of service on streets and at intersections; and pavement impacts.
Land Use Issues
All of Vernon is zoned industrial. By their nature, warehouses and related uses tend to locate on large parcels of land and in large industrial buildings. Similarly, truck yards, cargo container parking, and cargo container storage take large areas of land. These uses take up land that could otherwise be used for purposes that would generate jobs, additional property tax, and utility users tax to pay for City provided services. Presently 13 of the 14 new buildings being developed in the City are warehouses.
Fiscal Issues
Warehouses and related businesses generate significantly lower utility users tax, property tax, sales tax, and business license revenues than other less truck intensive uses, while trucks significantly impact the condition of the City's streets. The City commissioned a Pavement Management Plan to obtain an inventory of pavement conditions for the City’s entire street network and to develop strategies for the maintenance of the City’s streets including a budgetary analysis to determine the funding needs. The report concluded the average rating for the City’s street network is a C-. Much of the reason for this low grade is due to the load related (alligator cracking and heave) distress caused by trucks. It is estimated that it will require total expenditures of between $20 to $25 million from the General Fund to bring the street network up to an average B+ rating. Additionally, trucks frequently damage other City infrastructure including power poles, catch basins and traffic signals.
While the City recognizes the value of warehouse facilities, the City must balance the interests of such businesses with the well-being of the community, attraction of land uses that create high-paying jobs, generate revenues to pay for street maintenance and other essential services, and ensure that warehouse facilities mitigate their fair share of impacts on the City and the surrounding community.
Warehouse Regulations
Due to the health and environmental impacts of warehouses, several southern California cities have recently adopted warehouse moratoriums and, on April 18, 2022, the California Attorney General announced a settlement with the City of Fontana to resolve allegations that the City of Fontana violated the California Environmental Quality Act (CEQA) in its approval of a warehouse project (Attachment 1). The settlement, in addition to extracting money from the developer to establish a "community benefit" fund, required Fontana to adopt the most stringent environmental standards in California for new warehouse projects. Under its existing Zoning Code, the City of Vernon has no mechanism for requiring an environmental or health impact study on new or expanded warehouse uses. The City of Vernon is uniquely an industrial City and would best be served by the ability to retain self-determination to the greatest extent possible in the regulation of land use and development.
On June 21, 2022, pursuant to the authority and procedure set forth in California Government Code Section 65858, the Vernon City Council adopted Interim Urgency Ordinance No.1283 establishing a 45-day temporary moratorium on the establishment, expansion, or modification of warehouse uses, freight terminals, truck terminals, container storage, and container parking in the City while staff evaluated the environmental, health and safety impacts of continued unfettered warehouse development and considered new regulations pertaining to such uses.
During this interim period, City staff engaged in analysis and study to develop a narrowly tailored zoning ordinance that would replace the temporary moratorium and mitigate public safety, health, and welfare impacts of continued warehouse development.
Additionally, the City has provided opportunities for stakeholders to offer feedback and ask questions regarding warehouse regulations:
One June 30, 2022, City staff met with stakeholders through a meeting hosted by the Chamber of Commerce to receive input on warehouse regulation.
One July 14, 2022, the topic was discussed at a Special Business and Industry Commission (BIC), with a recommendation to adopt a revised ordinance was provided by the BIC. A mass mailer was sent to all Vernon businesses inviting them to provide input at the BIC meeting.
On July 19, 2022, City Council was provided with the Government Code Section 65858(d), required 10-Day Report prior to the expiration of a 45-day urgency ordinance warehouse moratorium describing the measures taken to alleviate the conditions which led to the adoption of the moratorium.
Prior to the interim moratorium, warehouse uses were allowed by right everywhere in Vernon with minimal regulation. While there is a need to better regulate the future development of warehouses, rather than proposing blanket limitations on the areas where warehouses can be developed, limitations on the size of warehouses, and other one-size-fits-all prescriptive development standards, City staff recommends that future warehouse development be approved through a case-by-case Development Agreement. Section 17.84.010 of the Vernon Municipal Code (VMC) reads, in part, that the purpose of a Development Agreement is to "...protect the health, safety , and public welfare.." "...without creating undue hardships...". The use of development agreements would allow for the regulation of future warehouse development while providing for maximum collaboration between the City and the Developer in creating agreements that are tailored to mitigate the impacts of each individual project.
Proposed Changes to Vernon Municipal Code
To implement the regulation of future warehouse development by Development Agreement, the proposed changes to the VMC (Attachment 2) are changing paragraph F to read "Warehouse use (other than cold storage warehouses) on lots encompassing less than 150,000 square feet." and paragraph G to read " Wholesale use on lots encompassing less than 150,000 square feet.." from section "17.24.020 Permitted uses" and adding section:
17.24.035 which would read as follows:
"Uses Requiring Development Agreement - Warehouse uses (other than cold storage warehouses) on lots encompassing 150,000 square feet or more and Wholesale uses on lots encompassing 150,000 square feet or more are permitted in the I Zone and all overlay zones, with the exception of the Housing Overlay Zone, subject to the approval of a Development Agreement between the City and Applicant, and appropriate standards and terms to be negotiated with the City, and complying with all other conditions imposed by this chapter.
When considering uses requiring a Development Agreement, the Director shall make a recommendation in writing to the City Council which shall include the Director’s determination as to whether or not the proposed Development Agreement:
A. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
B. Is in conformity with and will promote public convenience, general welfare and good land use practice;
C. Will be detrimental to public health, safety or welfare; D. Will adversely affect the orderly development of property or the preservation of property values; and
E. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.
Staff also proposes that container storage, and container parking be specifically included in the definition of "Truck terminal" in section 17.60.020 by adding "and cargo containers" to the end of the first sentence in that paragraph.
Business and Industry Commission Recommendation
The BIC, at its July 14, 2022 meeting, unanimously recommended that the City Council adopt the proposed changes to the VMC listed above.
Pursuant to VMC Section 17.18.030 and Government Code Section 65091, on July 21, 2022, the public hearing notice was posted at City Hall, and published in the Huntington Park Bulletin (Attachment 2).
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Ordinance No. 1287
2. Notice of Public Hearing
ORDINANCE NO. 1287
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON
AMENDING CHAPTERS 17.16.020 AND 17.24.020 AND ADDING
CHAPTER 17.24.035 TO TITLE 17 (ZONING) OF THE VERNON
MUNICIPAL CODE RELATING TO WAREHOUSE USES
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its charter and the Constitution of the State of California.
B. On July 14, 2022, at a special meeting, the Vernon Business and Industry Commission (BIC), recommended that the City Council adopt changes to Title 17 of the Vernon Municipal Code implementing the regulation of future warehouse development by Development Agreement, and including cargo container storage and cargo container parking in the definition of “Truck terminal”.
C. The City Council desires to amend Title 17 of the Vernon Municipal Code as recommended by the BIC.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. The City Council hereby finds that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378.
SECTION 4. The definition of “Truck terminal” in Vernon Municipal Code Section
17.16.020 Definitions is hereby amended to read as follows:
17.16.020 Definitions
“Truck terminal” means any lot, building, or portion of a lot or a building used primarily for the parking, storage, maintenance, repair, or servicing of highway-type vehicles carrying persons or property including, but not limited to, trucks, buses, and cargo containers.
Truck terminal does not include parking of vehicles in connection with a permitted use or Ordinance No. 1287
_______________________
repairing or maintaining vehicles used in connection with a permitted use on the same lot as the permitted use.
SECTION 5. Vernon Municipal Code Sections 17.24.020(F) and (G) Permitted Uses are hereby amended to read as follows:
17.24.020 Permitted uses.
F. Warehouse use (other than cold storage warehouses) on lots encompassing less than 150,000 square feet.
G. Wholesale use on lots encompassing less than 150,000 square feet.
SECTION 6. Section 17.24.035 Uses Requiring Development Agreement is hereby added to read as follows:
“17.24.035 Uses Requiring Development Agreement.
A. Warehouse uses (other than cold storage warehouses) on lots encompassing 150,000 square feet or more and Wholesale uses on lots encompassing 150,000 square feet or more are permitted in the I Zone and all overlay zones, with the exception of the Housing Overlay Zone, subject to the approval of a Development Agreement between the City and applicant, and appropriate standards and terms to be negotiated with the City, and complying with all other conditions imposed by this chapter. Any Warehouse Development Agreement proposed under this Section must also adhere to the procedures and requirements set forth in Chapter
17.84 of the Vernon Municipal Code.
B. When considering uses requiring a Warehouse Development Agreement, the Director shall make a recommendation in writing to the City Council which shall include the Director’s determination as to whether or not the proposed Warehouse Development Agreement:
1. Is consistent with the objectives, policies, general land uses and programs specified in the general plan and any applicable specific plan;
2. Is in conformity with and will promote public convenience, general welfare and good land use practice;
3. Will be detrimental to public health, safety or welfare;
4. Will adversely affect the orderly development of property or the preservation of property values; and
5. Will promote and encourage the development of the proposed project by providing a greater degree of requisite certainty.”
Ordinance No. 1287
_______________________
SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 9. Exemptions. This Ordinance shall not apply to the establishment, expansion, or modification of any warehouse or related facilities with pending permits (which includes submittal of a site plan for review) or that have already received full approvals and commenced construction or incurred expenses for construction prior to the effective date of this Ordinance.
SECTION 10. The City Clerk shall certify the adoption and publish this ordinance as required by law.
SECTION 11. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED this __ day of _____, 2022.
______________________
LETICIA LOPEZ, Mayor
ATTEST:
__ __
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
_____________________________
ZAYNAH N. MOUSSA, City Attorney
This space for filing stamp only
OR#:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Los Angeles, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.
Signature
HUNTINGTON PARK BULLETIN
3731 WILSHIRE BLVD STE 840, LOS ANGELES, CA 90010
(323) 556-5720 (213) 835-0584
PRE 3606895
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA - 90058
HRG - NOTICE OF HEARING
Notice of Public Hearing - Warehouse Regulations Zoning Ordinance I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the HUNTINGTON PARK BULLETIN, a newspaper published in the English language in the city of HUNTINGTON PARK, county of LOS ANGELES, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of LOS ANGELES, State of California, under date 06/14/1943, Case No. 485073. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
07/21/2022
07/21/2022
LOS ANGELES
!A000006074771!
Email
NOTICE OF CITY COUNCIL PUBLIC HEARING
The City Council of the City of Vernon will
conduct a public hearing, which you may attend,
at Vernon City Hall, City Council Chamber, 4305
Santa Fe Avenue, Vernon, CA 90058, or via
Zoom Webinar at
http://www.cityofvernon.org/webinar-cc, in
accordance with Assembly Bill 361, on August 2,
2022, at 9:00 a.m. (or as soon thereafter as the
matter can be heard), to:
Consider introduction and adoption of an
ordinance amending certain sections of Title 17
(Zoning) of the Vernon Municipal Code regulating
warehouse uses.
All relevant documents will be available for public
review on the City's website once the agenda for
the meeting is posted or from the City Clerk at
[email protected] or (323) 583-8811
ext. 546. All interested persons will be given an
opportunity to comment on the above-referenced
items during the public hearing. In addition,
written comment or questions may be submitted
prior to the hearing as set forth below. Written
Testimony or questions must be received prior to
9:00 a.m. on the date of the hearing.
Please send your comments or questions to:
Daniel Wall, Director of Public Works
City of Vernon
4305 Santa Fe Avenue, Vernon, CA 90058
(323) 583-8811 ext. 305
Email: [email protected]
If you challenge the adoption of said ordinance or
any provision thereof in court, you may be limited
to raising only those issues you or someone else
raised at the hearing described in this notice or in
written correspondence delivered to the City of
Vernon at, or prior to, the meeting.
In compliance with the Americans with Disabilities
Act (ADA), if you need special assistance to
participate in the meeting, please contact the
Office of the City Clerk at (323) 583-8811 ext.
546.
The hearing may be continued, adjourned, or
cancelled and rescheduled to a stated time and
place without further notice of a public hearing.
Dated: July 18, 2022
/s/
Lisa Pope, City Clerk
7/21/22
PRE-3606895#
HUNTINGTON PARK BULLETIN
City Council Agenda Item Report
Submitted by: Sandra Dolson
Submitting Department: City Clerk
Meeting Date: August 2, 2022
SUBJECT
Approval of Minutes
Recommendation:
Approve the July 19, 2022 Regular City Council meeting minutes.
Background:
Staff has prepared and hereby submits the minutes for approval.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. 20220719 City Council Minutes
MINUTES
VERNON CITY COUNCIL
REGULAR MEETING
TUESDAY, JULY 19, 2022
COUNCIL CHAMBER, 4305 SANTA FE AVENUE
CALL TO ORDER
Mayor Lopez called the meeting to order at 9:01 a.m.
FLAG SALUTE
Mayor Lopez led the Flag Salute.
ROLL CALL
PRESENT:
Leticia Lopez, Mayor
William Davis, Council Member
Judith Merlo, Council Member (arrived at 9:04 a.m.)
Melissa Ybarra, Council Member
ABSENT:
Crystal Larios, Mayor Pro Tem
STAFF PRESENT:
Carlos Fandino, City Administrator
Zaynah Moussa, Interim City Attorney
Lisa Pope, City Clerk
Scott Williams, Finance Director
Fredrick Agyin, Health and Environmental Control Director Michael Earl, Human Resources Director
Robert Sousa, Police Chief
Dan Wall, Public Works Director
Todd Dusenberry, Acting Public Utilities General Manager
APPROVAL OF THE AGENDA
MOTION
Council Member Ybarra moved and Council Member Davis seconded a motion to approve the agenda. The question was called and the motion carried 3-0, Council Member Merlo and Mayor Pro Tem Larios absent.
PUBLIC COMMENT
None.
Regular City Council Meeting Minutes Page 2 of 8
July 19, 2022
PRESENTATIONS
1. Recognition of Outgoing City Commission and Committee Members Recommendation: Recognize outgoing Business and Industry Commissioners Jimmy Andreoli II and John Baca; outgoing Green Vernon Commissioner Alan Franz; and outgoing Vernon CommUNITY Fund Grant Committee Member James Chang for their dedicated service to the City of Vernon.
City Clerk Pope recognized outgoing Commissioners and Committee Members.
2. Proclamation Recognizing Retired Employee - Fernando A. Valenzuela Recommendation: Acknowledge and present a proclamation to retired employee Fernando A. Valenzuela, Police Officer, in recognition of his dedicated service to the City of Vernon.
Human Resources Director Earl acknowledged Fernando A. Valenzuela for his dedicated service to the City of Vernon.
3. Employee Service Pin Awards for June 2022
Recommendation: No action required by City Council. This is a presentation only.
Human Resources Director Earl acknowledged Edward Hernandez, Police Officer; Diana C. Figueroa, Administrative Analyst, and Daniel Cordova, Gas Systems Superintendent, as the recipients of the Employee Service Pin Awards for June 2022.
Council Member Merlo arrived at 9:04 a.m.
The following item was tabled:
4. Proclamation Commending and Honoring Coast Packing Company on its 100th Anniversary
Recommendation: Acknowledge and present a proclamation in recognition of Coast Packing Company for its 100th year in business.
PUBLIC HEARINGS
5. Franchise Towing Fee Agreements
Recommendation: A. Introduce and conduct first reading of Ordinance No. 1284 granting to Mr. C's Towing of South Gate, Inc., a franchise towing services agreement; B. Introduce and conduct first reading of Ordinance No. 1285 granting Towwerk's, LLC. (dba Viertel's Central / Northeast Division), a franchise towing services agreement; and C. Direct staff to schedule second reading and adoption of Ordinance Nos. 1284 and 1285 for the August 2, 2022 Regular City Council Meeting.
Police Chief Sousa presented the staff report.
Regular City Council Meeting Minutes Page 3 of 8
July 19, 2022
Mayor Lopez opened the public hearing. There being no speakers, Mayor Lopez closed the public hearing.
MOTION
Council Member Merlo moved and Council Member Davis seconded a motion to:
A. Introduce and conduct first reading of Ordinance No. 1284 granting to Mr. C's Towing of South Gate, Inc., a franchise towing services agreement; B. Introduce and conduct first reading of Ordinance No. 1285 granting Towwerk's, LLC. (dba Viertel's Central / Northeast Division), a franchise towing services agreement; and C. Direct staff to schedule second reading and adoption of Ordinance Nos. 1284 and 1285 for the August 2, 2022 Regular City Council Meeting. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent.
CONSENT CALENDAR
MOTION
Council Member Merlo moved and Council Member Davis seconded a motion to approve the Consent Calendar. The question was called and the motion carried 4- 0, Mayor Pro Tem Larios absent.
The Consent Calendar consisted of the following items:
6. Approval of Minutes
Recommendation: Approve the June 21, 2022 Regular City Council and June 27, 2022 Special City Council meeting minutes.
7. Operating Account Warrant Register
Recommendation: Approve Operating Account Warrant Register No. 90, for the period of June 5 through July 2, 2022, totaling $14,079,176.66 and consisting of ratification of electronic payments totaling $13,294,950.34 and ratification of the issuance of early checks totaling $784,226.32.
8. City Payroll Warrant Register
Recommendation: Approve City Payroll Warrant Register No. 793, for the period of June 1 through June 30, 2022, totaling $3,765,115.33 and consisting of ratification of direct deposits, checks and taxes totaling $2,624,907.92 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $1,140,207.41 paid through operating bank account.
9. Fire Department Activity Report
Recommendation: Receive and file the May 2022 Fire Department Activity Report.
10. Police Department Activity Report
Recommendation: Receive and file the May 2022 Police Department Activity Report
11. Public Works Department Monthly Report
Recommendation: Receive and File the May 2022 Building Report.
12. Appointment of Health Officer for the City of Vernon Recommendation: A. Find that it is in the best interest of the City to award a services agreement for Health Officer Services to Dr. Laurene Mascola, M.D., Regular City Council Meeting Minutes Page 4 of 8
July 19, 2022
MPH, without a competitive selection process; and B. Adopt Resolution No. 2022- 23 appointing Laurene Mascola, M.D., MPH as Health Officer for the City of Vernon and approving and authorizing the execution of a services agreement for Health Officer Services.
13. Amendment No. 2 to the Attorney Services Agreement (Litigation) between the City of Vernon and Burke, Williams & Sorensen, LLP
Recommendation: Approve and authorize the City Administrator to execute Amendment No. 2 to the Attorney Services Agreement (Litigation) with Burke, Williams & Sorensen, LLP (Burke Williams), in substantially the same form as submitted, to increase the total not-to-exceed amount by an additional $7,648.14 to cover costs and expenses through the expiration of the contract term.
14. Purchase Contract with Carahsoft Technology Corp.
Recommendation: Approve the issuance of a Purchase Contract with Carahsoft Technology Corp. in an amount not to exceed $150,000 for a one-year period.
15. 10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking
Recommendation: A. Find that the proposed action is exempt from California Environmental Quality Act (CEQA) review, because it is general policy and procedure-making activity that is unrelated to any specific project, which must undergo separate CEQA review, and that will not result in direct physical changes or reasonably foreseeable indirect physical changes in the environment, and therefore does not constitute a “project” as defined by CEQA Guidelines Section 15378; and B. Receive and file 10-Day Report on Urgency Moratorium on Warehouse Uses, Freight and Terminals, Container Storage and Parking.
16. Restricted Grant Agreements with the California Department of Transportation (CalTrans)
Recommendation: Adopt Resolution No. 2022-24 authorizing the Director of Public Works to execute all Restricted Grant Agreements with the State of California, acting by and through the Department of Transportation.
PRESENTATIONS (Continued)
4. Proclamation Commending and Honoring Coast Packing Company on its 100th Anniversary
Recommendation: Acknowledge and present a proclamation in recognition of Coast Packing Company for its 100th year in business.
City Clerk Pope read the proclamation commending and honoring Coast Packing Company on its 100th Anniversary.
Eric R. Gustafson, Coast Packing Company CEO, thanked the City for its recognition.
Regular City Council Meeting Minutes Page 5 of 8
July 19, 2022
NEW BUSINESS
17. Appointment of Zaynah N. Moussa as City Attorney
Recommendation: Adopt Resolution No. 2022-25 appointing Zaynah N. Moussa to serve as City Attorney for the City of Vernon effective July 19, 2022, and approving and authorizing the execution or a related at-will employment agreement.
Human Resources Director Earl presented the staff report.
MOTION
Council Member Ybarra moved and Council Member Davis seconded a motion to adopt Resolution No. 2022-25 appointing Zaynah N. Moussa to serve as City Attorney for the City of Vernon effective July 19, 2022, and approving and authorizing the execution or a related at-will employment agreement. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent.
City Clerk Pope administered the Oath of Office to Zaynah N. Moussa, City Attorney.
18. Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers' Benefit Association
Recommendation: Adopt Resolution No. 2022-26 approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers' Benefit Association for the period of July 1, 2022 through June 30, 2025.
Human Resources Director Earl presented the staff report.
MOTION
Council Member Ybarra moved and Council Member Merlo seconded a motion to adopt Resolution No. 2022-26 approving the Memorandum of Understanding by and between the City of Vernon and the Vernon Police Officers' Benefit Association for the period of July 1, 2022 through June 30, 2025. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent.
19. Memorandum of Understanding by and between the City of Vernon and Teamsters, Local 911
Recommendation: Adopt Resolution No. 2022-27 approving the Memorandum of Understanding by and between the City of Vernon and Teamsters, Local 911 for the period of July 1, 2022 through June 30, 2025.
Human Resources Director Earl presented the staff report.
Regular City Council Meeting Minutes Page 6 of 8
July 19, 2022
MOTION
Council Member Davis moved and Council Member Ybarra seconded a motion to adopt Resolution No. 2022-27 approving the Memorandum of Understanding by and between the City of Vernon and Teamsters, Local 911 for the period of July 1, 2022 through June 30, 2025. The question was called and the motion carried 4- 0, Mayor Pro Tem Larios absent.
20. Citywide Fringe Benefits Policy
Recommendation: Adopt Resolution No. 2022-28 adopting the Citywide Fringe Benefits Policy and repealing Resolution No. 2021-15.
Human Resources Director Earl presented the staff report.
MOTION
Council Member Merlo moved and Council Member Davis seconded a motion to adopt Resolution No. 2022-28 adopting the Citywide Fringe Benefits Policy and repealing Resolution No. 2021-15. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent.
21. Amendment to Classification and Compensation Plan
Recommendation: A. Approve new and revised job descriptions; and B. Adopt Resolution No. 2022-29 adopting the Classification and Compensation Plan in accordance with Government Code Section 20636(b)(1) and repealing Resolution Nos. 2021-16, 2021-27, 2021-37, 2021-42, 2021-44 and 2022-02.
Human Resources Director Earl presented the staff report.
MOTION
Council Member Merlo moved and Council Member Davis seconded a motion to:
A. Approve new and revised job descriptions; and B. Adopt Resolution No. 2022- 29 adopting the Classification and Compensation Plan in accordance with Government Code Section 20636(b)(1) and repealing Resolution Nos. 2021-16, 2021-27, 2021-37, 2021-42, 2021-44 and 2022-02. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent.
22. Master Services and Subscription Agreement with ChargePoint, Inc.
Recommendation: Approve and authorize the City Administrator to execute a Master Services and Subscription Agreement in an amount not-to-exceed $825,837.85 with ChargePoint, Inc. to procure Direct Current Fast Chargers for electric vehicles.
Acting Public Utilities General Manager Dusenberry presented the staff report.
Regular City Council Meeting Minutes Page 7 of 8
July 19, 2022
MOTION
Council Member Ybarra moved and Council Member Merlo seconded a motion to approve and authorize the City Administrator to execute a Master Services and Subscription Agreement in an amount not-to-exceed $825,837.85 with ChargePoint, Inc. to procure Direct Current Fast Chargers for electric vehicles. The question was called and the motion carried 4-0, Mayor Pro Tem Larios absent.
ORAL REPORTS
City Administrator Reports on Activities and other Announcements.
City Administrator Fandino announced residential online bill pay; passport services; National Night Out on August 2, 2022, 5-7 p.m.; and his upcoming meeting with State legislators in Sacramento. He congratulated Coast Packing Company on its 100th Anniversary; and provided an update on the Smithfield property.
City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff.
None.
RECESS
Mayor Lopez recessed the meeting to Closed Session at 9:46 a.m.
CLOSED SESSION
23. CONFERENCE WITH LABOR NEGOTIATORS
Government Code Section 54957.6
Agency Designated Representative: Carlos Fandino, City Administrator Employee Organizations: Management, Confidential, Executive, Elected Officials, and Unclassified (Unrepresented); Teamsters Local 911; IBEW Local 47; Vernon Police Management Association; and Vernon Police Officers’ Benefit Association
RECONVENE
At 10:21 a.m., Mayor Lopez adjourned Closed Session and reconvened the regular meeting.
CLOSED SESSION REPORT
City Attorney Moussa reported that the Council met in Closed Session, discussed the item on the agenda, and took no reportable action.
Regular City Council Meeting Minutes Page 8 of 8
July 19, 2022
ADJOURNMENT
Mayor Lopez adjourned the meeting at 10:22 a.m.
______________________________
LETICIA LOPEZ, Mayor
ATTEST:
_____________________________________
LISA POPE, City Clerk
(seal)
City Council Agenda Item Report
Submitted by: Sandra Dolson
Submitting Department: City Clerk
Meeting Date: August 2, 2022
SUBJECT
Claims Against the City
Recommendation:
Receive and file claims submitted by Jeffrey Levin in the amount of $2,106.28; and Elia Ramirez in the amount of $322.92.
Background:
On July 18, 2022 and July 19, 2022, respectively, the City received the following claims:
Name of Claimants Amount Demanded
Jeffrey Levin $2,106.28
Elia Ramirez $322.92
Pursuant to Municipal Code Section 2.32.040, the above information is listed on the City Council agenda as soon after filing of the claims with the City as practical.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Claim for Damages - Jeffrey Levin 20220718
2. Claim for Damages - Elia Ramirez 20220719
City Council Agenda Item Report
Submitted by: Sandra Dolson
Submitting Department: City Clerk
Meeting Date: August 2, 2022
SUBJECT
Franchise Towing Fee Agreements
Recommendation:
A. Conduct second reading and adopt Ordinance No. 1284 granting to Mr. C's Towing of South Gate, Inc., a franchise towing services agreement; and B. Conduct second reading and adopt Ordinance No. 1285 granting Towwerks, LLC. (dba Viertel's Central / Northeast Division), a franchise towing services agreement.
Background:
At the July 19, 2022 Regular City Council meeting, the Vernon City Council introduced and conducted first reading of Ordinance Nos. 1284 and 1285 granting Mr. C's Towing of South Gate, Inc. and Towwerks, LLC. (dba Viertel's Central / Northeast Division) franchise towing services agreements.
The ordinance summaries were posted on the City's website on July 20, 2022, and will be published pursuant to legal requirements. Staff requests the City Council conduct second reading and adopt Ordinance Nos. 1284 and 1285.
Fiscal Impact:
The ordinance summaries will be published pursuant to legal requirements. Adequate funds are available in the Publication/Advertisement Account No. 011.1003.550000.
Attachments:
1. Ordinance No. 1284
2. Ordinance No. 1285
3. Ordinance 1284 Proof of Publication
4. Ordinance 1285 Proof of Publication
ORDINANCE NO. 1284
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON GRANTING A NON-EXCLUSIVE FRANCHISE TOWING
SERVICES AGREEMENT TO MR. C’S TOWING OF SOUTH GATE,
INC.
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California.
B. The City Council of the City of Vernon is authorized by City Charter Chapter 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance.
C. On October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 10.32 (formerly Chapter 4B) to the Vernon Municipal Code to establish a non-consensual franchise towing fee.
D. On or about April 14, 2022, the Vernon Police Department issued a Request for Proposals for the City’s Franchise Tow Fee Program.
E. After reviewing the proposals, and after a duly noticed public hearing, it was determined that the proposal submitted by Mr. C’s Towing of South Gate, Inc. (Mr. C’s Towing) complies with Chapter 10.32 of the Vernon Municipal Code, and that Mr. C’s Towing has agreed to comply with all provisions of this Chapter.
F. The City Council of the City of Vernon desires to grant a non-exclusive police towing franchise to Mr. C’s Towing, subject to the terms and conditions set forth in the Franchise Towing Services Agreement (Franchise Agreement). The franchise shall be for a term of three (3) years, if a written Franchise Agreement has been fully executed by the franchisee and all other requirements of the Franchise Agreement and Chapter 10.32 have been met by the franchisee.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon herby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. The City Council of the City of Vernon, pursuant to Chapter 10.32 of the Vernon Municipal Code, hereby approves the Franchise Agreement with Mr. C’s Towing of South Gate, Inc., in substantially the same form attached hereto as Exhibit A. The grant of franchise is based on the certifications that franchisee shall comply with all provisions of Chapter 10.32 and the Franchise Agreement.
SECTION 4. The City Council of the City of Vernon hereby authorizes the City Administrator to execute said Agreement for, and on behalf of, the City of Vernon and Ordinance No. 1284
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the City Clerk is hereby authorized to attest thereto.
SECTION 5. The City Council hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Ordinance and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein.
SECTION 6. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed.
SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 9. The City Clerk shall certify the adoption and publish this ordinance as required by law.
SECTION 10. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED this 2nd day of August, 2022.
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LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
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ZAYNAH N. MOUSSA,
City Attorney
FRANCHISEE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MR. C’S TOWING OF SOUTH GATE, INC.
COVER PAGE
Franchisee: Mr. C’s Towing of South Gate, Inc.
Responsible Principal of Franchisee: Jerry Brown, General Manager Notice Information - Franchisee: Mr. C’s Towing of South Gate, Inc. 4421 Mason Street
South Gate, CA 90280
Attention: Jerry Brown, General Manager
Phone: (323) 249-0575
Facsimile: (323) 249-4998
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Robert Sousa, Chief of Police
Telephone: (323) 583-8811 ext. 114
Facsimile: (323) 826-1483
Commencement Date: Upon the effective date of the City of Vernon ordinance granting franchise to
Mr. C’s Towing of South Gate, Inc.
Termination Date: Three (3) years after commencement date inclusive.
Consideration: Payment is made by Franchisee to City
pursuant to Section 3 of this Agreement.
Payment is made to Franchisee by City
pursuant to Section 5 of this Agreement.
Records Retention Period Three (3) years, pursuant to Sections 7 and
15.3 herein
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FRANCHISEE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND MR. C’S TOWING OF SOUTH GATE, INC.
This Agreement is made and entered into by and between the City of Vernon (City), a California charter City and California municipal corporation, and Mr. C’s Towing of South Gate, Inc. (Franchisee), a California corporation with its principal place of business at 4421 Mason Street, South Gate, CA 90280 (Parties) to provide towing services to the City.
The Parties agree as follows:
RECITALS
WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the City’s Request for Proposal issued on or about April 14, 2022, and titled Request for Proposals Franchise Tow Fee Program, and Franchisee’s proposal to the City (Proposal) dated May 5, 2022, Exhibit A, a copy which is attached to and incorporated into this Agreement by reference.
WHEREAS, pursuant to Chapter 10.32 of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise (Franchise); and
WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 10.32 of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and
WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement (Agreement) for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise.
NOW, THEREFORE, the Parties do hereby agree as follows:
Section 1. GRANT OF FRANCHISE.
City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in Chapter 10.32 of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City’s Request for Proposal and to Franchisee’s proposal for the Franchise.
Franchisee is subject to Chapter 8.9 of the Charter of the City of Vernon, the terms and conditions specified in Chapter 10.32 et seq., of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, and the representations and assurances in Franchisee’s application for the Franchise.
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Section 2. TERM OF FRANCHISE.
The term of this Franchise granted to Franchisee shall be for three (3) years, commencing upon the effective date of the City of Vernon ordinance granting the Franchise (the Effective Date) through the date that is three (3) years from the Effective Date, inclusive.
Section 3. FRANCHISE FEES.
3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee’s gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section
10.32.080 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement.
3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise.
3.3 Franchisee shall timely pay all required franchise fees to:
City of Vernon
Attention: Finance Director
4305 Santa Fe Avenue
Vernon, CA 90058
Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due.
3.4 The first payment of the franchise fee will be due on October 15, 2022, and payments shall be due monthly thereafter on the 15th day of each month.
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3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%).
Section 4. TOWING SERVICES.
4.1 Franchisee shall provide Police Towing services, as set forth in the City’s Request for Proposals , and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit A which is Franchisee’s response to the City’s Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 10.32 of the Vernon Municipal Code.
4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 10.32.120 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee.
Section 5. RATES, CHARGES AND PAYMENT.
5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $175.00 and the storage charge shall be $52.00 per day, until otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee’s tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. Any after-hours release fee shall not exceed one half (½) of the impound fee.
Section 6. REPORTS.
Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to:
Chief of Police
Vernon Police Department
4305 Santa Fe Avenue
Vernon, CA 90058
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The report shall include the information required by Section 10.32.100(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee.
Section 7. FRANCHISEE’S RECORDS.
7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee’s books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee’s place of business shown in this Agreement for receipt of notices.
7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors.
Section 8. TOW VEHICLE AND DRIVER, REPORTING, COMPLIANCE, AND IDENTIFICATION.
8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards (“emission standards”), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non-renewal of a Franchise.
8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee’s trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee’s telephone number painted upon both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4” in height and not less than 5/6” stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service.
8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver’s license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee.
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Section 9. INDEMNIFICATION OF CITY.
9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 10.32 of the Vernon Municipal Code or otherwise pursuant to this Agreement.
9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City’s interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability.
Section 10. INSURANCE.
Franchisee shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $2,000,000 combined single limit, including owned, hired, and non-owned liability coverage. (1) MCS 90 Endorsement must be attached to the auto liability policy. ii. Garage Keeper Legal Liability insurance with coverage limits of no less than $1,000,000 for damage to a vehicle towed, impounded or otherwise stored by Franchisee.
iii. On-Hook Liability insurance with coverage limits of no less than $1,000,000 for damage to any vehicle towed by Franchisee or otherwise connected to any of Franchisee’s tow trucks.
iv. Franchisee agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Ordinance No. 1284
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Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
v. General Liability with minimum limits of at least $2,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Franchisee's performance of this Agreement. (1) If Franchisee employs other contractors as part of the services rendered, Contractor's Protective Coverage is
required. Franchisee may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Franchisee agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
vi. Franchisee shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Franchisee shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement.
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vii. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City.
viii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII.
ix. Prior to commencement of performance, Franchisee shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. x. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Franchisee shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Franchisee by way of set-off or recoupment from sums due to Franchisee, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Franchisee, by way of set-off or recoupment from any sums due to Franchisee.
Section 11. TERMINATION AND SUSPENSION.
The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this agreement.
Upon notice of cancellation or suspension, the contract holder shall be given five (5) days’ notice to appear before the Chief of Police or designee to show why the contract should not be revoked, in accordance with Vernon Municipal Code Chapter 10.32.130. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police.
Section 12. TEMPORARY SUSPENSION.
In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the Ordinance No. 1284
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address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police.
Section 13. ACCEPTANCE, WAIVER.
Franchisee agrees to be bound by and comply with all the requirements of Chapter
10.32 and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee’s right to challenge the terms of this Agreement and of Chapter 10.32 under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement.
Section 14. GENERAL TERMS AND CONDITIONS.
14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method.
Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
14.3 WAIVER. The City’s waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived.
14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council.
14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof.
14.6 ATTORNEY’S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
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14.7 INTERPRETATION.
14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California.
14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral).
14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.
14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.
14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum.
14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon, this Agreement, the City’s Request for Proposals for Official Police Towing Services, and Franchisee’s Response to the City’s Request for Proposals for Official Police Towing Services.
14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.
Section 15. ADDITIONAL ASSURANCES.
15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.
Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that Ordinance No. 1284
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it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit B.
15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee’s operations under this Franchise, which are required of Franchisee by any governmental agency.
15.3 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee’s records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement.
The Franchisee shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.
The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personal, salaries, private auditors, travel, lodging, meals and overhead.
15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law.
Section 16. PREVAILING WAGES
The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City contracts. In addition, the selected tow service companies and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)). This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations.
Section 17. NOTICES.
Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 10.32 of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows:
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To City: Chief of Police
Vernon Police Department
4305 Santa Fe Avenue
Vernon, CA 90058
Copies to: Director of Finance
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Franchisee: Mr. C’s Towing of South Gate, Inc.
Attention: Jerry Brown, General Manager
4421 Mason Street
South Gate, CA 90280
Notice shall be deemed effective on the date personally served or, if mailed, three days the date deposited in the mail.
[Signatures Begin on Next Page].
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below.
City of Vernon, a California charter City
and California municipal corporation
DATED: _____________________
By: ____________________________
Carlos Fandino, City Administrator
Mr. C’s Towing of South Gate, Inc., a
California corporation
DATED: ______________________
By:
Name: Kurtis McElroy
Title: President
ATTEST:
Lisa Pope, City Clerk
By:
Name: Jerry Brown
Title: General Manager
APPROVED AS TO FORM:
Zaynah N. Moussa,
Interim City Attorney
Ordinance No. 1284
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EXHIBIT A
FRANCHISEE'S PROPOSAL
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EXHIBIT B
THE EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Franchisee certifies and represents that, during the performance of this Agreement, the Franchisee and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Franchisee further certifies that it will not maintain any segregated facilities.
B. Franchisee agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Franchisee, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Franchisee agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Franchisee agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.
Ordinance No. 1284
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ORDINANCE NO. 1285
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF VERNON GRANTING A NON-EXCLUSIVE FRANCHISE TOWING
SERVICES AGREEMENT TO TOWWERKS, LLC. (DBA VIERTEL’S
CENTRAL / NORTHEAST DIVISION)
SECTION 1. Recitals.
A. The City of Vernon (City) is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California.
B. The City Council of the City of Vernon is authorized by City Charter Chapter 8.9 to grant a franchise in the City of Vernon to any person, firm, corporation, or other entity and to set terms, conditions, restrictions and limitations by ordinance.
C. On October 2, 2012, the City Council of the City of Vernon adopted Ordinance No. 1198 adding Chapter 10.32 (formerly Chapter 4B) to the Vernon Municipal Code to establish a non-consensual franchise towing fee.
D. On or about April 14, 2022, the Vernon Police Department issued a Request for Proposals for the City’s Franchise Tow Fee Program.
E. After reviewing the proposals, and after a duly noticed public hearing, it was determined that the proposal submitted by Towwerks, LLC. (dba Viertel’s Central / Northeast Division) (Towwerks) complies with Chapter 10.32 of the Vernon Municipal Code, and that Towwerks has agreed to comply with all provisions of this Chapter.
F. The City Council of the City of Vernon desires to grant a non-exclusive police towing franchise to Towwerks, subject to the terms and conditions set forth in the Franchise Towing Services Agreement (Franchise Agreement). The franchise shall be for a term of three (3) years, if a written Franchise Agreement has been fully executed by the franchisee and all other requirements of the Franchise Agreement and Chapter 10.32 have been met by the franchisee.
THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 2. The City Council of the City of Vernon herby finds and determines that the above recitals are true and correct and are a substantial part of this ordinance.
SECTION 3. The City Council of the City of Vernon, pursuant to Chapter 10.32 of the Vernon Municipal Code, hereby approves the Franchise Agreement with Towwerks, LLC. (dba Viertel’s Central / Northeast Division), in substantially the same form attached hereto as Exhibit A. The grant of franchise is based on the certifications that franchisee shall comply with all provisions of Chapter 10.32 and the Franchise Agreement.
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SECTION 4. The City Council of the City of Vernon hereby authorizes the City Administrator to execute said Agreement for, and on behalf of, the City of Vernon and the City Clerk is hereby authorized to attest thereto.
SECTION 5. The City Council hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Ordinance and the transactions herein approved or authorized, including but not limited to, any non-substantive changes to the Agreement attached herein.
SECTION 6. Any ordinance or parts of an ordinance in conflict with this Ordinance are hereby repealed.
SECTION 7. Any provision of the Vernon Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is repealed or modified to that extent necessary to affect the provisions of this Ordinance.
SECTION 8. If any section, subsection, paragraph, sentence, clause, phrase, or portion thereof, of this Ordinance is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, phrases, or portions thereof, be declared invalid or unconstitutional. To this end, the provisions of this Ordinance are declared to be severable.
SECTION 9. The City Clerk shall certify the adoption and publish this ordinance as required by law.
SECTION 10. This ordinance shall become effective after the thirtieth day following its adoption.
APPROVED AND ADOPTED this 2nd day of August, 2022.
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LETICIA LOPEZ, Mayor
ATTEST:
LISA POPE, City Clerk
(seal)
APPROVED AS TO FORM:
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ZAYNAH N. MOUSSA,
City Attorney
FRANCHISEE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND TOWWERKS, LLC. (DBA VIERTEL’S CENTRAL / NORTHEAST DIVISION)
COVER PAGE
Franchisee: Towwerks, LLC. (dba Viertel’s
Central / Northeast Division)
Responsible Principal of Franchisee: Randy Steinberg, Owner Notice Information - Franchisee: Towwerks, LLC. (dba Viertel’s Central / Northeast Division)
2010 N. Figueroa Street
Los Angeles, CA 90065
Attention: Randy Steinberg, Owner
Phone: (213) 687-1003
Facsimile: (323) 544-4866
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Robert Sousa, Chief of Police
Telephone: (323) 583-8811 ext. 114
Facsimile: (323) 826-1483
Commencement Date: Upon the effective date of the City of Vernon ordinance granting franchise to
Viertel’s Central / Northeast Division
Termination Date: Three (3) years after commencement date, inclusive.
Consideration: Payment is made by Franchisee to City
pursuant to Section 3 of this Agreement.
Payment is made to Franchisee by City
pursuant to Section 5 of this Agreement.
Records Retention Period Three (3) years, pursuant to Sections 7 and
15.3 herein
Ordinance No. 1285
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FRANCHISEE TOWING SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND TOWWERKS, LLC. (DBA VIERTEL’S CENTRAL / NORTHEAST DIVISION) This Agreement is made and entered into by and between the City of Vernon (City), a California charter City and California municipal corporation, and Towwerks, LLC. (dba Viertel’s Central / Northeast Division (Franchisee), a Limited Liability Company with its principal place of business at 2010 N. Figueroa Street, Los Angeles, CA 90065 (Parties) to provide towing services to the City.
The Parties agree as follows:
RECITALS
WHEREAS, Franchisee shall provide police towing services to the City of Vernon as set forth in the City’s Request for Proposal issued on or about April 14, 2022, and titled Request for Proposals Franchise Tow Fee Program, and Franchisee’s proposal to the City (Proposal) dated April 28, 2022, Exhibit A, a copy which is attached to and incorporated into this Agreement, by reference.
WHEREAS, pursuant to Chapter 10.32 of the Vernon Municipal Code, Franchisee has applied for a Police Towing Franchise (Franchise); and
WHEREAS, the City Council has held a public hearing for the purpose of hearing persons in favor of or in opposition to the granting of such Franchise; and WHEREAS, the City Council has determined that Franchisee has demonstrated compliance with Chapter 10.32 of the Vernon Municipal Code and has agreed to comply with all provisions of that Chapter; and
WHEREAS, it is required that City and Franchisee enter into a Franchise Towing Services Agreement (Agreement) for Police Towing services in the City of Vernon; and WHEREAS, additional conditions have been imposed upon this grant of Franchise.
NOW, THEREFORE, the Parties do hereby agree as follows:
Section 1. GRANT OF FRANCHISE.
City grants to Franchisee a Police Towing Franchise authorizing Franchisee to engage in the business of Police Towing as set forth in Chapter 10.32 of the Vernon Municipal Code in the City of Vernon and to use the public streets and rights of way for such purpose. This grant is pursuant to the City’s Request for Proposal and to Franchisee’s proposal for the Franchise.
Franchisee is subject to Chapter 8.9 of the Charter of the City of Vernon, the terms and conditions specified in Chapter 10.32 et seq., of the Vernon Municipal Code, the terms and conditions specified in all related resolutions, the terms and conditions of this Agreement, and the representations and assurances in Franchisee’s application for the Franchise.
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Section 2. TERM OF FRANCHISE.
The term of this Franchise granted to Franchisee shall be for three (3) years, commencing upon the effective date of the City of Vernon ordinance granting the Franchise (the Effective Date) to the date that is three (3) years from the Effective Date, inclusive.
Section 3. FRANCHISE FEES.
3.1 During the term of the Franchise, Franchisee shall pay a franchise fee to City in an amount equal to 5% of Franchisee’s gross annual receipts arising from the use, operation or possession of the Franchise, which fees shall be assessed from the date on which the ordinance granting this Franchise became effective and in accordance with Section
10.32.080 of the Vernon Municipal Code and any Resolution adopted by the City Council and in such other amounts as are set forth in any subsequent resolutions that may be adopted by the City Council at any time during the term of the Agreement.
3.2 The Franchisee shall file with the City Clerk of the City, within three (3) months after the expiration of the calendar year, or fractional calendar year, following the date of the granting of this franchise, and within three (3) months after the expiration of each calendar year thereafter, a verified statement showing in detail the total gross receipts for the Franchisee derived during the preceding calendar year, or such fractional calendar year, from the provision of official police towing services within the limits of the City. The Franchisee shall pay to the City within fifteen (15) days after the time for filing said statement, in lawful money of the United States, the aforesaid percentage of its gross receipt for the calendar year, or fractional calendar year, covered by said statement. Any neglect, omission or refusal by Franchisee to file said verified statement, or to pay said percentage at the times or in the manner hereinbefore provided, shall constitute grounds for the declaration of forfeiture of this Franchise and of all rights of Franchisee hereunder pursuant to the procedures set forth in Sections 11 and 12 herein. However, Franchisee has the ability to cure. Further, the City is responsible for insuring that Franchisee has the appropriate financial institution information for electronic transfer of the franchise fee in a timely manner. Any delays caused by incorrect financial institution information shall not constitute grounds for the declaration of a forfeiture of this Franchise.
3.3 Franchisee shall timely pay all required franchise fees to:
City of Vernon
Attention: Finance Director
4305 Santa Fe Avenue
Vernon, CA 90058
Each payment shall be accompanied by a written statement, verified by the Franchisee or a duly authorized representative of the Franchise, showing in such form and detail as the Finance Director of the City of Vernon may prescribe, the calculation of the franchise fee payable by the Franchisee and such other information as the Finance Director may require as material to a determination of the amount due.
3.4 The first payment of the franchise fee will be due on October 15, 2022, and payments shall be due monthly thereafter on the 15th day of each month.
3.5 When Franchisee remits franchise fees to the City, such franchise fees shall be deemed timely paid only if delivered or postmarked on or before the due date. If fees Ordinance No. 1285
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are not timely paid, Franchisee shall be subject to suspension or termination of the Franchise pursuant to Section 14 of this Agreement and/or to any other penalties which may be established and assessed by the City, including, but without limitation, late fees assessed at the rate of five percent (5%).
Section 4. TOWING SERVICES.
4.1 Franchisee shall provide Police Towing services, as set forth in the City’s Request for Proposals, and which includes, but without limitation, strictly adhering to the eligibility requirements, operating regulations, fees schedules, standards for tow truck equipment, standard rules of operation, response time, inspection, information regarding new or terminated tow truck drivers, tow driver training, and as set forth in Exhibit A which is Franchisee’s response to the City’s Request for Proposals. All services by Franchisee shall comply will all provisions of federal, state and local law and regulation, including, but without limitation Chapter 10.32 of the Vernon Municipal Code.
4.2 Franchisee understands and agrees that, although the City is granting it a franchise as a police towing service, the City may requisition towing services from other service providers as set forth in Section 10.32.120 of the Vernon Municipal Code, or if Franchisee is otherwise unavailable for any reason, in the reasonable discretion of the Vernon Chief of Police and including, but without limitation, suspension or termination of the Franchisee.
Section 5. RATES, CHARGES AND PAYMENT.
5.1 The rates and charges for towing and storage in connection with this Franchise shall be established by the City Council. The prevailing rates prescribed by the Southern Division of the California Highway Patrol, the Los Angeles Police Department, and the Los Angeles County Sheriff will be considered when establishing these rates. The rate per impound shall be $175.00 and the storage charge shall be $52.00 per day, until otherwise modified by the City Council. A sign showing the approved rates and charges shall be conspicuously posted in the Franchisee’s tow office and shall be posted in a conspicuous place in the interior of each tow truck operated by Franchisee. Franchisee shall provide vehicle owners the option of payment by MasterCard and Visa. Franchisee must provide for after-hours releases of vehicles, and may collect an after-hour release fee. Any after-hours release fee shall not exceed one half (½) of the impound fee .
Section 6. REPORTS.
Franchisee shall file a monthly towing report with the Chief of Police along with payment of its monthly franchise fees. The report shall be submitted to:
Chief of Police
Vernon Police Department
4305 Santa Fe Avenue
Vernon, CA 90058
The report shall include the information required by Section 10.32.100(H) of the Vernon Municipal Code for Franchisee and its subcontractors, certified as true and correct under penalty of perjury by a responsible owner or official of the Franchisee.
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Section 7. FRANCHISEE’S RECORDS.
7.1 The Franchisee shall maintain accurate and complete books and accounts of all revenues and income arising out of its operations under the Franchise and in a manner, which conforms with generally accepted accounting principles. Franchisee’s books, accounts and records, arising out of or related to its operation under the Franchise, shall at all times be open to inspection, examination and audit by authorized officers, employees and agents of the City. Such records shall be kept at franchisee’s place of business shown in this Agreement for receipt of notices.
7.2 Franchisee shall require its subcontractors, if any, who perform Police Towing services in connection with the Franchise to keep and maintain books of account and other records showing all business transactions conducted by such subcontractors in connection with the Franchise. Franchisee agrees to use its best efforts to avoid duplication of reporting between Franchisee and its subcontractors.
Section 8. TOW VEHICLE AND DRIVER, REPORTING, COMPLIANCE, AND IDENTIFICATION.
8.1 Franchisee shall maintain on file with the City, a complete and accurate listing of every vehicle operated by Franchisee for police towing services. Franchisee shall certify, in a form acceptable to City, that every such vehicle conforms with regional and State vehicle emission standards (“emission standards”), and shall provide documentation of compliance on written request of the City. Franchisee understands and agrees that failure to conform with emission standards may result in suspension, termination or non-renewal of a Franchise.
8.2 Every vehicle operated by Franchisee and for Police Towing services in the City shall bear the following identification: Franchisee’s trade name, monogram or insignia, the Franchise vehicle number, together with Franchisee’s telephone number painted upon both sides of the vehicle. All lettering mentioned in this paragraph shall be not less than 2-1/4” in height and not less than 5/6” stroke. The Franchisee agrees to remove the Franchise vehicle number and all other information within 30 calendar days after the Franchise is terminated or the vehicle is sold, transferred or taken out of service.
8.3 Franchisee shall file with the Vernon Police Department, the name, address, date of birth, driver’s license number, and all identification required of any tow unit driver working for Franchisee, whether as an employee or as a contractor, which information shall be filed not later than ten (10) business days following the effective date of employment or engagement. Franchisee shall also notify the Vernon Police Department within ten (10) business days of the following occurrences: the license suspension of any tow unit driver, and the end of employment, or engagement, of any tow unit driver with Franchisee.
Section 9. INDEMNIFICATION OF CITY.
9.1 Franchisee shall indemnify and hold the City harmless from and against any and all loss, damages, liability, claims, suits, costs and expenses, fines, charges or penalties whatsoever, including reasonable attorney’s fees, regardless of the merit or outcome of any such claim or suit, arising from or in any manner related to the services provided or business conducted under Chapter 10.32 of the Vernon Municipal Code or otherwise pursuant to this Agreement.
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9.2 Franchisee shall indemnify the City, defend with counsel approved by the City, protect and hold harmless the City, its officers, employees, agents, assigns, and any successor or successors to the City’s interest from and against all claims, actual damages (including but not limited to special and consequential damages), natural resources damage, punitive damages, injuries, costs, response, remediation and removal costs, losses, demands, debts, liens, liabilities, causes of action, suits, legal or administrative proceedings, interest, fines and charges, penalties and expenses (including, but not limited to, attorneys’ and expert witness fees and costs incurred in connection with defending against any of the foregoing or in enforcing this indemnity) of any kind whatsoever paid, incurred or suffered by, or asserted against, the City or its officers, employees, agents or the Franchisee arising from or attributable to any repair, remediation, cleanup or detoxification, or preparation and implementation of any removal, remedial, response, or closure or other plan (regardless of whether undertaken due to governmental action) concerning any hazardous substance or hazardous waste at any place where the Franchisee stores or dispose of solid or hazardous waste. The foregoing indemnity is intended to operate as an Agreement pursuant to the Comprehensive Environmental Response, Compensation and Liability Act, 42 United States Code Section 9607, and California Health and Safety Code Section 25364, and any successor provisions, to insure, protect, hold harmless, and indemnify the City from liability.
Section 10. INSURANCE.
Franchisee shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage. i. Automobile Liability with minimum limits of at least $2,000,000 combined single limit, including owned, hired, and non-owned liability coverage. (1) MCS 90 Endorsement must be attached to the auto liability policy. ii. Garage Keeper Legal Liability insurance with coverage limits of no less than $1,000,000 for damage to a vehicle towed, impounded or otherwise stored by Franchisee.
iii. On-Hook Liability insurance with coverage limits of no less than $1,000,000 for damage to any vehicle towed by Franchisee or otherwise connected to any of Franchisee’s tow trucks.
iv. Franchisee agrees to subrogate automobile liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
v. General Liability with minimum limits of at least $2,000,000 per occurrence and $2,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis. Premises/Operations Ordinance No. 1285
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and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Franchisee's performance of this Agreement. (1) If Franchisee employs other contractors as part of the services rendered, Contractor's Protective Coverage is
required. Franchisee may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. (2) Franchisee agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
vi. Franchisee shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Franchisee shall require each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement.
vii. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City.
viii. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII.
ix. Prior to commencement of performance, Franchisee shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its Ordinance No. 1285
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behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. x. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Franchisee shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Franchisee by way of set-off or recoupment from sums due to Franchisee, at City's option; (b) immediately terminate this Agreement and seek damages from the Agreement resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Franchisee, by way of set-off or recoupment from any sums due to Franchisee.
Section 11. TERMINATION AND SUSPENSION.
The City may terminate this Agreement, without cause, by giving the Franchisee thirty (30) days written notice of such termination and the effective date thereof. The City may terminate this Agreement, with cause, by giving the Franchisee (10) days written notice of such termination and the effective date thereof. Cancellation for cause shall be at the discretion of the City and shall be, but is not limited to, failure to supply the materials, equipment or service specified within the time allowed or within the terms, conditions or provisions of this agreement.
Upon notice of cancellation or suspension, the contract holder shall be given five (5) days’ notice to appear before the Chief of Police or designee to show why the contract should not be revoked, in accordance with Vernon Municipal Code Chapter 10.32.130. The Franchisee may not cancel this Agreement without prior written consent from the Vernon Chief of Police.
Section 12. TEMPORARY SUSPENSION.
In addition to termination or suspension as set forth in Section 11, above, the Chief of Police may temporarily suspend any Franchisee without a hearing, whenever the continued operation by the Franchisee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, where there is a failure to maintain the minimum levels and standards of liability insurance or claims reserve or failure to keep in full force and effect any applicable licenses or permits required by federal, state, local law, or regulation. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such Franchise was issued and to the notice address stated herein, if different. Notwithstanding other notice provisions of this Agreement, the temporary suspension is effective upon the earlier of either receipt or the expiration of 3 days from the date of mailing. The notice of temporary suspension shall include a notice of the date and time for termination hearing and all other information required by the Vernon Municipal Code. The temporary suspension shall remain effective until the decision on suspension or termination is made unless the suspension is lifted by written notice of the Chief of Police.
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Section 13. ACCEPTANCE, WAIVER.
Franchisee agrees to be bound by and comply with all the requirements of Chapter
10.32 and this Agreement. By entering into this Agreement, Franchisee waives, to the maximum extent permitted by law, Franchisee’s right to challenge the terms of this Agreement and of Chapter 10.32 under federal, state or local law, or under administrative regulation, as such laws and regulations exist as of the date of signing of this Agreement.
Section 14. GENERAL TERMS AND CONDITIONS.
14.1 INDEPENDENT STATUS. It is understood that in the performance under this Agreement, Franchisee shall be, and is, an independent operator, and is not an agent, contractor, or employee of City and shall furnish services in its own manner and method.
Further, Franchisee has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Franchisee in its business operations. Franchisee shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
14.2 FRANCHISE NOT AGENT. Franchisee and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
14.3 WAIVER. The City’s waiver of any term, condition, breach or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived.
14.4 NO ASSIGNMENT. The Franchisee shall not assign or transfer any interest in this Agreement without the express prior written consent and approval of City Council.
14.5 COMPLIANCE WITH LAWS. Franchisee shall comply with all Federal, State, County and City laws, ordinances, resolutions, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof.
14.6 ATTORNEY’S FEES. If any action at law or in equity is brought to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and necessary disbursements in addition to any other relief to which such party may be entitled.
14.7 INTERPRETATION.
14.7.1 Applicable Law. This Agreement, and the rights and duties of the parties hereunder (both procedural and substantive), shall be governed and construed according to the laws of the State of California.
14.7.2 Entire Agreement. This Agreement, including any Exhibits attached hereto and any documents explicitly referenced herein, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes Ordinance No. 1285
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all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation and agreements (written or oral).
14.7.3 Written Amendment. This Agreement may only be changed by written amendment signed by Franchisee and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.
14.7.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.
14.7.5 Choice of Forum. The parties hereby agree that this Agreement is to be enforced in accordance with the laws of the State of California, is entered into and is to be performed in the City of Vernon and that all claims or controversies arising out of or related to performance under this Agreement shall be submitted to and resolved in a forum within the County of Los Angeles at a place to be determined by the rules of the forum.
14.7.6 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the order of precedence is as follows: Charter the City of Vernon, the Vernon Municipal Code, the ordinance granting this Franchise, resolutions of the City of Vernon, this Agreement, the City’s Request for Proposals for Official Police Towing Services, and Franchisee’s Response to the City’s Request for Proposals for Official Police Towing Services.
14.8 AUTHORITY OF FRANCHISEE. The Franchisee hereby represents and warrants to the City that the Franchisee has the right, power, legal capacity and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.
Section 15. ADDITIONAL ASSURANCES.
15.1 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES.
Franchisee certifies and represents that, during the performance of this Agreement, Franchisee and any other parties with whom it may subcontract shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, marital status. Franchisee further certifies that it will not maintain any segregated facilities. Franchisee further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit B.
15.2 BUSINESS LICENSES. Franchisee shall obtain, and pay any and all costs associated therewith, any Vernon Business License, which may be required by the Vernon Municipal Code and all permits, and licenses applicable to Franchisee’s operations under this Franchise, which are required of Franchisee by any governmental agency.
Ordinance No. 1285
________________________
15.3 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Franchisee’s records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Franchisee is properly entitled under the Agreement or for other purposes relating to the Agreement.
The Franchisee shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.
The Franchisee shall maintain all such records in the City of Vernon. If not, the Franchisee shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personal, salaries, private auditors, travel, lodging, meals and overhead.
15.4 CONFLICT. Franchisee hereby represents warrants and certifies that no member, officer or employee of the Franchisee is a director, officer or employee of the City of Vernon, or a member of any of its boards, commissions or committees, except to the extent permitted by law.
Section 16. PREVAILING WAGES
The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City contracts. In addition, the selected tow service companies and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5 (with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)). This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations.
Section 17. NOTICES.
Except as otherwise provided in this Agreement, all notices required by this Agreement or by Chapter 10.32 of the Vernon Municipal Code shall be given by personal service or by deposit in the United States mail, postage pre-paid and return receipt requested, addressed to the parties as follows:
To City: Chief of Police
Vernon Police Department
4305 Santa Fe Avenue
Vernon, CA 90058
Copies to: Director of Finance
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Ordinance No. 1285
________________________
Franchisee: Towwerks, LLC. (dba Viertel’s Central /Northeast Division) Attention: Randy Steinberg, Managing Member/Owner
2010 N. Figueroa Street
Los Angeles, CA 90065
Notice shall be deemed effective on the date personally served or, if mailed, three days the date deposited in the mail.
[Signatures Begin on Next Page].
Ordinance No. 1285
________________________
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date set forth below.
City of Vernon, a California charter City
and California municipal corporation
DATED: ________ _
By: ____________________________
Carlos Fandino, City Administrator
Towwerks, LLC. (dba Viertel’s Central /
Northeast Division), a Limited Liability
Company
DATED: __________
By:
Name: Randy Steinberg
Title: Managing Member - Owner
ATTEST:
Lisa Pope, City Clerk
By:
Name: Cecilio Nunez
Title: General Manger
APPROVED AS TO FORM:
Zaynah N. Moussa,
Interim City Attorney
Ordinance No. 1285
________________________
EXHIBIT A
FRANCHISEE'S PROPOSAL
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
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Ordinance No. 1285
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Ordinance No. 1285
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Ordinance No. 1285
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Ordinance No. 1285
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Ordinance No. 1285
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Ordinance No. 1285
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Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
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Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
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Ordinance No. 1285
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Ordinance No. 1285
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Ordinance No. 1285
________________________
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Ordinance No. 1285
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________________________
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________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
Ordinance No. 1285
________________________
EXHIBIT B
THE EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Franchisee certifies and represents that, during the performance of this Agreement, the Franchisee and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Franchisee further certifies that it will not maintain any segregated facilities.
B. Franchisee agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Franchisee, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Franchisee agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Franchisee agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.
Ordinance No. 1285
________________________
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
ORD ORDINANCE PUBLICATION
Ordinance No. 1284 Mr. C's Towing Agreement Introduction 07/28/2022
Notice Type:
Ad Description
COPY OF NOTICE
3607815
!A000006072805!
An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
SUMMARY OF ORDINANCE No. 1284
Ordinance No. 1284 grants a non-exclusive
police towing franchise to Mr. C's Towing of
South Gate, Inc.
Ordinance No. 1284 was introduced by the
Vernon City Council at its regular meeting on July
19, 2022. Second reading and adoption of the
ordinance are scheduled for the Regular City
Council meeting on August 2, 2022, at City Hall,
4305 Santa Fe Avenue, Vernon, California. The
full text of Ordinance No. 1284 is on file in the
City Clerk Department.
Posted: Wednesday, July 20, 2022
7/28/22
PRE-3607815#
HUNTINGTON PARK BULLETIN
CALIFORNIA NEWSPAPER SERVICE BUREAU
PRE#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the HUNTINGTON PARK BULLETIN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
LISA POPE
CITY OF VERNON CITY CLERK
4305 SANTA FE AVE
VERNON, CA 90058
ORD ORDINANCE PUBLICATION
Ordinance No. 1285 Towwekr's LLC Towing Agreement Introduction 07/28/2022
Notice Type:
Ad Description
COPY OF NOTICE
3607816
!A000006072807!
An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice.
SUMMARY OF ORDINANCE No. 1285
Ordinance No. 1285 grants a non-exclusive
police towing franchise to Towwerks, LLC (dba
Viertel's Central/Northeast Division).
Ordinance No. 1285 was introduced by the
Vernon City Council at its regular meeting on July
19, 2022. Second reading and adoption of the
ordinance are scheduled for the Regular City
Council meeting on August 2, 2022, at City Hall,
4305 Santa Fe Avenue, Vernon, California. The
full text of Ordinance No. 1285 is on file in the
City Clerk Department.
Posted: Wednesday, July 20, 2022
7/28/22
PRE-3607816#
HUNTINGTON PARK BULLETIN
City Council Agenda Item Report
Submitted by: Sandra Dolson
Submitting Department: City Clerk
Meeting Date: August 2, 2022
SUBJECT
Conduct of Meetings via Teleconference Pursuant to Assembly Bill 361 Recommendation:
Ratify the findings in Resolution No. 2021-36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with Assembly Bill 361 (AB 361), due to continued public health and safety concerns caused by COVID-19.
Background:
Assembly Bill 361 (AB 361) authorizes local agencies to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act during a declared state of emergency. At a special meeting on October 21, 2021, the City Council adopted Resolution No. 2021-36 authorizing continued conduct of City Council and all other City legislative body meetings via teleconference, in accordance with AB 361, due to continued public health and safety concerns caused by COVID-19.
Pursuant to AB 361, it is necessary for the City Council to periodically declare that the City’s legislative bodies must continue to meet remotely to ensure the continued health and safety of the public. The City Council most recently ratified the findings of Resolution No. 2021-36 on June 7, 2022.
If the City Council determines the need to conduct meetings remotely still exists, the City Council should ratify the findings in Resolution No. 2021-36.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Resolution No. 2021-36
RESOLUTION NO. 2021-36
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
AUTHORIZING CONTINUED CONDUCT OF CITY COUNCIL AND ALL
OTHER CITY LEGISLATIVE BODY MEETINGS VIA TELECONFERENCE, IN ACCORDANCE WITH ASSEMBLY BILL 361 ( AB 361), DUE TO
CONTINUED PUBLIC HEALTH AND SAFETY CONCERNS CAUSED BY
COVID-19
SECTION 1. Recitals.
A. On March 4, 2020, Governor Newsom declared a State of Emergency to make additional resources available, formalize emergency actions already underway across multiple state agencies and departments, and help the State prepare for a broader spread of COVID-19.
B. On March 17, 2020, the City Council adopted Resolution No. 2020-06 ratifying Emergency Proclamation 2020-01, a proclamation of local emergency due to the serious and imminent threat of the Novel Coronavirus (COVID-19).
C. Also, on March 17, 2020, Governor Newsom issued Executive Order N-29-20, which suspended certain provisions of the Ralph M. Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means. Additionally, the State implemented a shelter-in-place order, requiring all non-essential personnel to work from home.
D. The City Council, Commissions and Committees have utilized remote and hybrid meetings during the state of emergency, ensuring the member's and public's continued access to meetings while ensuring public safety.
E. On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which extended the ability of agencies to hold remote meetings through September 30, 2021, after which agencies anticipated transitioning back to public meetings held in full compliance with the Brown Act.
F. Since issuing Executive Order N-08-21, the Delta variant emerged, causing a spike in COVID-19 cases throughout the state.
G. It is difficult to maintain social distancing requirements for the public, staff, Council Members, Committee Members and Commissioners in their respective meeting locations, therefore, the City of Vernon legislative bodies have utilized a hybrid model of meetings, with some members and the public participating remotely.
H. The Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020 continues to be in effect.
Resolution No. 2021-36
I. On September 16, 2021, Governor Newson signed AB 361, allowing local legislative bodies to continue to meet remotely after the September 30, 2021 expiration of the Governor’s executive orders.
J. Pursuant to AB 361, it is necessary for the City Council to declare every 30 days that the City’s legislative bodies must continue to meet remotely to ensure the health and safety of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.
SECTION 3. The City Council of the City of Vernon hereby approves the continuation of conducting the City Council and all other City Legislative Body meetings remotely due to continued public health and safety concerns caused by COVID-19.
SECTION 4. In compliance with AB 361, and to continue to teleconference without the usual teleconference requirements of the Brown Act, the City Council makes the following findings:
a. The City Council has reconsidered the circumstances of the state of emergency; and
b. The state of local emergency continues to directly impact the ability of the City Council and all other City Legislative Body meetings, as well as staff and members of the public, from meeting safely in person; and c. Health orders require all individuals in public spaces to maintain social distancing and to wear masks when inside public spaces; however, the City cannot maintain social distancing requirements for the Council Members, Commissioners, Committee Members, staff and public in meeting spaces.
SECTION 5. City Council and all other City Legislative Body meetings will continue to be conducted in a hybrid manner including remote and in person participation for the next 30 days in compliance with AB 361, to better ensure the health and safety of the public.
SECTION 6. The City Council will reconsider the above findings and the need to conduct meetings remotely within 30 days of the adoption of this resolution.
SECTION 7. If the City Council determines the need to conduct meetings remotely still exists at each 30-day interval, the City Council will make such findings by minute order.
Resolution No. 2021-36
SECTION 8. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.
APPROVED AND ADOPTED this 21st day of October, 2021.
MELISSA YBARRA, Mayor
ATTEST:
LISA POPE, City Clerk
seal)
APPROVED AS TO FORM:
ZAYNAH N. MOUSSA, Interim City Attorney
I CERTIFY THAT THE FOREGOING RESOLUTION NO. 2021-36 was passed and adopted by the City Council of the City of Vernon at the Regular meeting on October 21, 2021 by the following vote:
AYES: 4 Council Members: Lopez, Merlo, Davis, Ybarra
NOES: 0
ABSENT: 1 Council Member: Larios
ABSTAIN: 0
LISA POPE, City Clerk
seal)
City Council Agenda Item Report
Submitted by: Efren Peregrina
Submitting Department: Finance/Treasury
Meeting Date: August 2, 2022
SUBJECT
Operating Account Warrant Register
Recommendation:
Approve Operating Account Warrant Register No. 91, for the period of July 3 through July 16, 2022, totaling $9,100,269.42 and consisting of ratification of electronic payments totaling $8,941,191.72 and ratification of the issuance of early checks totaling $159,077.70.
Background:
Section 2.32.060 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Operating Account Warrant Register No. 91 covering claims and demands presented during the period of July 3 through July 16, 2022, drawn, or to be drawn, from East West Bank for City Council approval.
Fiscal Impact:
The fiscal impact of approving Operating Account Warrant Register No. 91, totals $9,100,269.42. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on Operating Account Warrant Register No. 91.
Attachments:
1. Operating Account Warrant Register No. 91
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
I hereby cer. fy that claims and/or demands included in above listed warrantregister have been audited for accuracy and availability of funds for payments andthat said claims and/or demands are accurate and that the funds are available forpayments thereof.____________________________________________________________Sco Williams
Director of Finance/City TreasurerDate: _______________________________________________________ This is to cerƟfy that the claims or demands covered by the above listed warrantshave been audited by the City Council of the City of Vernon and that all of saidwarrants are approved for payments except Warrant Numbers:________________________________________________________________________________________________________________________ Printed: 7/26/2022 2:12:34PM
7/27/2022
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
BEAR ELECTRICAL 011.1043.590000 $ 5,300.00 Traffic Signal Maintenance 15940SOLUTIONS, INC 007026 ‐
07/06/2022 13195 $ 5,300.00
006004 ‐ PATRICK CAM 011.1031.596500 $ 15.89 Crisis IntervenƟon & Behavioral Health 062122 07/06/2022 13196 $ 15.89
LB JOHNSON HARDWARE CO 011.1049.520000 $ 14.85 Small Tools, Plumbing & Building 121382 011.0014915#1 000804 ‐
011.1046.520000 $ 16.39 Small Tools, Plumbing & Building 121500 011.0014915011.1049.520000 $ 28.45 Small Tools, Plumbing & Building 121501 011.0014915 07/06/2022 13197 $ 59.69
006950 ‐ MANNINO, NICHOLAS 011.1031.596500 $ 23.85 Use of Force 050322 07/06/2022 13198 $ 23.85
006687 ‐ NDS 011.1004.520000 $ 5,000.00 Postage Replenishment 2175 011.1004.520000 $ 316.96 Postage Replenishment 802360
07/06/2022 13199 $ 5,316.96
006628 ‐ REDONA, BRYAN 011.1031.596500 $ 12.27 Crisis IntervenƟon & Behavioral Health 050922 07/06/2022 13200 $ 12.27
006870 ‐ CARLOS SALDANA 011.1031.596500 $ 23.85 Use of Force 050322(2) 07/06/2022 13201 $ 23.85
ATHENS INSURANCE 011.1026.594200 $ 6,508.66 TPA Fees 07/22 IVC28644SERVICES, INC 004303 ‐
07/06/2022 13202 $ 6,508.66
001444 ‐ COUNTY OF LOS ANGELES 011.1033.596200 $ 1,275,735.34 Fire Protec o n Services~ C0010487
011.1033.596200 $ 112,025.47 Fire Protec
o n Services~ C0010487
011.1033.596200 $ 27,517.60 Fire Protec
o n Services~ C0010487
07/06/2022 13203 $ 1,415,278.41
001401 ‐ CENTRAL BASIN MWD 020.1084.500130 $ 27,918.61 Potable & Recycled Water VERMAY22 07/07/2022 13204 $ 27,918.61
Printed: 7/26/2022 2:12:34PM Page 1 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
005490 ‐ CINTAS CORPORATION 011.1043.540000 $ 426.23 Uniforms 4123997529 07/07/2022 13205 $ 426.23
006637 ‐ RUSHER AIR CONDITIONING 055.9190.590000 $ 350.00 Air Condi o ner Maintenance 2089465
07/07/2022 13206 $ 350.00
006975 ‐ THE ARROYO GROUP 011.1041.595200 $ 9,292.10 West‐Side Project Specific Plan 1002117 07/07/2022 13207 $ 9,292.10
Printed: 7/26/2022 2:12:34PM Page 2 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
055.9200.500150 $ 0.47 Ini
al Ch arges 06/22 202207053155794
886
002412 ‐ CALIFORNIA ISO
055.9200.450340 $ 132.00 RecalculaƟon Charges 07/21 202207053155794 886
055.9200.500150 $ 0.03 Recalcula
o n Charges 07/21 202207053155794
886
055.9200.500150 $ 627,725.91 Ini
al Ch arges 06/22 202207053155794
904
055.9200.500170 $ 64,074.88 Ini
al Ch arges 06/22 202207053155794
904
055.9200.500190 $ 13,013.22 Ini
al Ch arges 06/22 202207053155794
904
055.9200.500210 $ 10,069.81 Ini
al Ch arges 06/22 202207053155794
904
055.9200.500150 $ 4,010.90 RecalculaƟon Charges 09/19 202207053155794 904
055.9200.500170 $ 3.18 Recalcula
o n Charges 09/19 202207053155794
904
055.9200.500190 $ ‐105.87 RecalculaƟon Charges 09/19 202207053155794 904
055.9200.500150 $ ‐7,860.25 RecalculaƟon Charges 03/22 202207053155794 904
055.9200.500190 $ ‐1,197.06 RecalculaƟon Charges 03/22 202207053155794 904
055.9200.500170 $ 2,092.83 RecalculaƟon Charges 03/22 202207053155794 904
055.9200.500150 $ 15,593.91 RecalculaƟon Charges 07/21 202207053155794 904
055.9200.500170 $ 683.94 RecalculaƟon Charges 07/21 202207053155794 904
055.9200.500180 $ 61.33 RecalculaƟon Charges 07/21 202207053155794 904
055.9200.500190 $ 931.92 RecalculaƟon Charges 07/21 202207053155794 904
07/08/2022 13208 $ 729,231.15
Printed: 7/26/2022 2:12:34PM Page 3 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
006004 ‐ PATRICK CAM 011.1026.596800 $ 1,420.00 Tui
o n Reimbursement 063022
07/08/2022 13209 $ 1,420.00
DAILY JOURNAL 011.1003.550000 $ 90.00 PublicaƟon Services B3599135CORPORATION 000947 ‐
011.1003.550000 $ 90.00 PublicaƟon Services B3599257
07/08/2022 13210 $ 180.00
EXTENDED OFFICE 011.9019.590110 $ 476.53 Addi
o nal PRI Line 12315
SOLUTIONS, INC
007353 ‐
07/08/2022 13211 $ 476.53
FLEMING ENVIRONMENTAL, 011.1049.590000 $ 696.43 UST Compliance Services 18742INC 004438 ‐
07/08/2022 13212 $ 696.43
ICE US OTC COMMODITY 055.9200.596200 $ 170.50 Physical Gas 622001688006MARKETS, 004500 ‐
055.9200.596200 $ 1,079.50 OTC Commission Adjustment 622001688088 07/08/2022 13213 $ 1,250.00
JACOBS ENGINEERING 055.9000.596200 $ 34,888.75 Env Compliance Support Services D3404500022GROUP, INC 006886 ‐
07/08/2022 13214 $ 34,888.75
Printed: 7/26/2022 2:12:34PM Page 4 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
MCMASTER‐CARR SUPPLY 055.9190.520000 $ 1,531.44 Hardware Supplies~ 77779932 055.0002929COMPANY 001150 ‐
055.9190.520000 $ 66.34 Hardware Supplies~ 77874305 055.0002929055.9190.520000 $ 458.67 Hardware Supplies~ 77963736 055.0002929055.9190.520000 $ 158.31 Hardware Supplies~ 78036048 055.0002929055.9190.520000 $ 251.51 Hardware Supplies~ 78036651 055.0002929055.9190.520000 $ 67.03 Hardware Supplies~ 78159805 055.0002929055.9190.520000 $ 796.37 Hardware Supplies~ 78413738 055.0002929055.9190.520000 $ 257.43 Hardware Supplies~ 78415481 055.0002929055.9190.520000 $ 160.25 Hardware Supplies~ 78436769 055.0002929055.9190.520000 $ ‐286.65 Hardware Supplies~ 78557297 055.0002929 055.9190.520000 $ ‐172.02 Hardware Supplies~ 78637628 055.0002929 055.9190.520000 $ 859.17 Hardware Supplies~ 78946600 055.0002929 07/08/2022 13215 $ 4,147.85
NATIONAL AUTO FLEET 011.1031.840000 $ 33,723.86 2022 Ford Ranger XL 4WD SuperCrew~ WF3625 011.0015235GROUP 005632 ‐
011.1031.840000 $ 8.75 Tire Fee WF3625 011.0015235
011.1031.840000 $ 984.78 Freight WF3625 011.0015235011.1031.840000 $ 3,457.59 Sales Tax 10.25 WF3625 07/08/2022 13216 $ 38,174.98
005044 ‐ RONS MAINTENANCE, INC 011.1043.590000 $ 20,808.00 Catch Basin Cleaning~ 497 07/08/2022 13217 $ 20,808.00
Printed: 7/26/2022 2:12:34PM Page 5 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
CALIFORNIA, INC. UNITED 011.1049.590000 $ 111.59 Portable Restroom Service~ 11412171346SITE S 003601 ‐
011.1049.590000 $ 134.92 Portable Restroom Service~ 11412370811011.1049.590000 $ 111.59 Portable Restroom Service~ 11412455239011.1049.590000 $ 111.59 Portable Restroom Service~ 11412455466011.1049.590000 $ 111.59 Portable Restroom Service~ 11412492959011.1049.590000 $ 428.58 Portable Restroom Service~ 11412493545011.1049.590000 $ 111.59 Portable Restroom Service~ 11412543767011.1049.590000 $ 428.58 Portable Restroom Service~ 11412589718011.1049.590000 $ 111.59 Portable Restroom Service~ 11412632930011.1049.590000 $ 745.25 Portable Restroom Service~ 11412657061011.1049.590000 $ 111.59 Portable Restroom Service~ 11412712553011.1049.590000 $ 111.59 Portable Restroom Service~ 11412788373011.1049.590000 $ 2,700.00 Portable Restroom Service~ 11412884205011.1049.590000 $ 428.58 Portable Restroom Service~ 11412906436011.1049.590000 $ 111.59 Portable Restroom Service~ 11412942789011.1049.590000 $ 857.16 Portable Restroom Service~ 11413077642011.1049.590000 $ 111.59 Portable Restroom Service~ 11413097589011.1049.590000 $ 857.16 Portable Restroom Service~ 11413146372011.1049.590000 $ 111.59 Portable Restroom Service~ 11413169990 07/08/2022 13218 $ 7,807.72
HAUL AWAY RUBBISH 011.1049.596200 $ 102.00 Disposal & Recycling Services 26X09470SERVICE CO, 005350 ‐
011.1049.596200 $ 1,227.02 Disposal & Recycling Services 26X09471011.1048.596200 $ 102.00 Disposal & Recycling Services 26X09473011.1049.596200 $ 319.00 Disposal & Recycling Services 26X09474011.1049.596200 $ 227.00 Disposal & Recycling Services 26X09478 07/14/2022 13219 $ 1,977.02
Printed: 7/26/2022 2:12:34PM Page 6 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
LB JOHNSON HARDWARE CO 011.1049.520000 $ 32.84 Small Tools, Plumbing & Building 121761 011.0014915#1 000804 ‐
011.1049.520000 $ 32.84 Small Tools, Plumbing & Building 121762 011.0014915 07/14/2022 13220 $ 65.68
006422 ‐ MARIPOSA LANDSCAPES, INC 011.1049.590000 $ 3,627.54 Landscape Maintenance 06/22 98326 07/14/2022 13221 $ 3,627.54
000016 ‐ MOTOROLA SOLUTIONS, INC 011.1031.850000 $ 72,480.24 APX8500 ALL BAND MP MOBILE~ 1162347179 011.0015095 011.1031.850000 $ 1,584.00 3 Year EssenƟal Svc 1162347179 011.0015095 011.1031.850000 $ 7,429.22 Sales Tax 10.25 1162347179011.1031.850000 $ 7,050.00 P25 KVL 5000 Encryp o n Key Loader~ 1187078437 011.0015095
011.1031.850000 $ 722.63 Sales Tax 10.25 1187078437
07/14/2022 13222 $ 89,266.09
003332 ‐ P&F DISTRIBUTORS 056.5600.590000 $ 420.00 Supplies~ 158745IN 056.0000662 056.5600.590000 $ 36.75 Sales Tax 8.75 158745IN056.5600.590000 $ 6.85 Finance Charge JUL0616FC 07/14/2022 13223 $ 463.60
005490 ‐ CINTAS CORPORATION 055.9190.540000 $ 181.33 Uniforms 4120613698 056.5600.540000 $ 74.29 Uniforms 4120613698020.1084.540000 $ 157.69 Uniforms 4120613698055.8000.540000 $ 27.16 Uniforms 4120613698055.8100.540000 $ 194.30 Uniforms 4120613698011.1043.540000 $ 241.41 Uniforms 4124631159 07/14/2022 13224 $ 876.18
006526 ‐ ACCESSIBLE CONSTRUCTION 011.1048.520000 $ 2,280.24 Ramp~ ADI060131 011.0015327 011.1048.520000 $ 1,550.00 Handrail~ ADI060131 011.0015327011.1048.520000 $ 0.01 Ramp~ ADI060131 011.0015327011.1048.520000 $ 394.53 Sales Tax 10.25 ADI060131 07/15/2022 13225 $ 4,224.78
Printed: 7/26/2022 2:12:34PM Page 7 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
ALL CITY MANAGEMENT 011.1070.596200 $ 2,063.07 School Crossing Guard Services 78303SERVICES 001490 ‐
07/15/2022 13226 $ 2,063.07
ALLIANT INSURANCE 011.1026.594200 $ 18,500.01 Brokerage & Consul n g Services 1843783
SERVICES, IN
006890 ‐
07/15/2022 13227 $ 18,500.01
005506 ‐ BEST BEST & KRIEGER, LLP 011.1024.593200 $ 291.55 Re: 5122 S. Atlan c Bo ulevard 941110
07/15/2022 13228 $ 291.55
055.9200.500150 $ 178.86 Ini
al Ch arges 12/20 202207123155840
807
002412 ‐ CALIFORNIA ISO
055.9200.500190 $ 0.30 Ini
al Ch arges 12/20 202207123155840
807
055.9200.500170 $ ‐590.27 Ini
al Ch arges 12/20 202207123155840
807
055.9200.500150 $ ‐5,040.59 RecalculaƟon Charges 09/19 202207123155840 807
055.9200.500180 $ ‐60.85 RecalculaƟon Charges 09/19 202207123155840 807
055.9200.500190 $ ‐987.34 RecalculaƟon Charges 09/19 202207123155840 807
055.9200.500170 $ 393.18 RecalculaƟon Charges 09/19 202207123155840 807
055.9200.500150 $ 1,010,249.77 RecalculaƟon Charges 06/22 202207123155840 807
055.9200.500170 $ 62,991.16 RecalculaƟon Charges 06/22 202207123155840 807
055.9200.500190 $ 7,842.72 RecalculaƟon Charges 06/22 202207123155840 807
055.9200.500210 $ 12,288.08 RecalculaƟon Charges 06/22 202207123155840 807
07/15/2022 13229 $ 1,087,265.02
003975 ‐ CNS ENGINEERS, INC 011.2043.900000 $ 9,025.46 Consul n g Services~ 801768
011.1043.900000 $ 2,256.36 Consul
n g Services~ 801768
07/15/2022 13230 $ 11,281.82
Printed: 7/26/2022 2:12:34PM Page 8 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
006660 ‐ GRAFIX SYSTEMS 011.1031.570000 $ 547.02 Digital Print Services 30163 07/15/2022 13231 $ 547.02
003701 ‐ RAFAEL LANDA 011.1026.596500 $ 1,377.00 Tui
o n Reimbursement 062322
07/15/2022 13232 $ 1,377.00
LEVEL 3 COMMUNICATIONS, 057.1057.500173 $ 2,133.12 Internet Access Services 296258329LLC 003053 ‐
07/15/2022 13233 $ 2,133.12
006687 ‐ NDS 011.1004.520000 $ 345.30 Postage Replenishment 803475 07/15/2022 13234 $ 345.30
003902 ‐ EDWIN OCHOA 055.9000.596700 $ 30.00 Meals / SCCPA Event ~ 071122 07/15/2022 13235 $ 30.00
SO CAL PUBLIC POWER 055.9000.596200 $ 18,298.00 Resolu
o n Billing 0722
AUTHORITY
002517 ‐
055.9200.596200 $ 6,099.46 Resolu
o n Billing 0722
055.9000.596700 $ 1,200.00 Resolu
o n Billing 0722
07/15/2022 13236 $ 25,597.46
000403 ‐ VELASQUEZ, RICHARD 011.1031.540000 $ 300.00 Reserve Officer SƟpend 06/22 071222 07/15/2022 13238 $ 300.00
001695 ‐ VULCAN MATERIALS CO 011.1043.520000 $ 642.58 Paving Materials~ 73249727 011.0014989 011.1043.520000 $ 545.74 Paving Materials~ 73249728 011.0014989011.1043.520000 $ 199.41 Paving Materials~ 73251910 011.0014989011.1043.520000 $ 539.18 Paving Materials~ 73314654 011.0014989 07/15/2022 13239 $ 1,926.91
Printed: 7/26/2022 2:12:34PM Page 9 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
WATERLINE TECHNOLOGIES, 020.1084.500140 $ 1,131.17 Sodium Hypochlorite Solu o n 5584789
INC
007110 ‐
020.1084.500140 $ 207.27 Sodium Hypochlorite Solu
o n 5586213
020.1084.500140 $ 273.60 Sodium Hypochlorite Solu
o n 5586214
020.1084.500140 $ 248.72 Sodium Hypochlorite Solu
o n 5586215
020.1084.500140 $ 132.65 Sodium Hypochlorite Solu
o n 5586217
020.1084.500140 $ 373.09 Sodium Hypochlorite Solu
o n 5586218
020.1084.500140 $ 207.27 Sodium Hypochlorite Solu
o n 5588827
020.1084.500140 $ 207.27 Sodium Hypochlorite Solu
o n 5588828
020.1084.500140 $ 248.72 Sodium Hypochlorite Solu
o n 5588829
020.1084.520000 $ 207.27 Sodium Hypochlorite Solu
o n 5588830
020.1084.500140 $ 207.27 Sodium Hypochlorite Solu
o n 5588831
020.1084.500140 $ 207.27 Sodium Hypochlorite Solu
o n 5588832
020.1084.500140 $ 273.60 Sodium Hypochlorite Solu
o n 5588835
020.1084.500140 $ 207.27 Sodium Hypochlorite Solu
o n 5590728
07/15/2022 13240 $ 4,132.44
007400 ‐ GLOBAL TEST SUPPLY, LLC 056.5600.520000 $ 2,828.66 Equipment Parts and Materials 34620900 056.5600.520000 $ ‐2,698.08 Equipment Parts and Materials 34809400056.5600.520000 $ 2,325.17 Equipment Parts and Materials 34825300 07/15/2022 13241 $ 2,455.75
003049 ‐ PETRELLI ELECTRIC, INC 055.9100.900000 $ 567,613.42 Electric Service Maintenance 06/22 220208 057.1057.900000 $ 9,467.48 Electric Service Maintenance 06/22 220208055.8300.590000 $ 2,311,748.50 Electric Service Maintenance 06/22 220208055.8000.590000 $ 27,413.50 Electric Service Maintenance 06/22 220208057.1057.590000 $ 1,845.44 Electric Service Maintenance 06/22 220208020.1084.900000 $ 13,055.68 Electric Service Maintenance 06/22 220208055.9100.900000 $ 646,700.52 Bond Projects 220208055.200400 $ 1,728,237.56 Data Center #1 Labor & Equipment 220208055.200400 $ 6,459.04 Data Center #2 Labor & Equipment 220208 07/15/2022 13242 $ 5,312,541.14
Printed: 7/26/2022 2:12:34PM Page 10 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
007062 ‐ RUSSELL WESTBROOK CDJR 055.8100.900000 $ 50,995.00 NEW 2021 RAM 3500 SERVICE TRUCK~ RM212977 055.0002996 055.8100.900000 $ 85.00 DOCUMENT PROCESSING CHARGE RM212977 055.0002996055.8100.900000 $ 1,495.00 THEFT PATROL RM212977 055.0002996055.8100.900000 $ 995.00 JM&A ETCH RM212977 055.0002996055.8100.900000 $ 31.00 ELECTRONIC VEHICLE REGISTRATION RM212977 055.0002996055.8100.900000 $ 348.00 VEHICLE LICENSE FEES (ESTIMATED) RM212977 055.0002996055.8100.900000 $ 552.00 REGISTRATION / TRANSFER / TILLING FEES RM212977 055.0002996055.8100.900000 $ 10.50 CALIFORNIA TIRE FEES RM212977 055.0002996055.8100.900000 $ 332.00 SPECIAL INTEREST LICENSE PLATE FEE RM212977 055.0002996055.8100.900000 $ ‐1,000.00 REBATE RM212977 055.0002996055.8100.900000 $ 5,388.94 Sales Tax 10.25 RM212977 07/14/2022 13243 $ 59,232.44
002190 ‐ OFFICE DEPOT 011.1031.520000 $ 305.84 Office Supplies 241729152001 011.1026.520000 $ 46.10 Office Supplies 245068221001011.1026.520000 $ 41.88 Office Supplies 245075566001011.1031.520000 $ 463.63 Office Supplies 248496590001011.1031.520000 $ 50.21 Office Supplies 248532836001 07/13/2022 13244 $ 907.66
001617 ‐ UPS 011.1041.520000 $ 36.00 Period: 06/22 933312252(2) 011.1041.520000 $ 81.04 Period: 06/22 933312262(2)011.1041.520000 $ 38.15 Period: 07/22 933312272(2) 07/13/2022 13245 $ 155.19
TOTAL ELECTRONIC $ 8,941,191.72
Printed: 7/26/2022 2:12:34PM Page 11 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
007398 ‐ ACTIVECAMPAIGN, LLC 011.9019.520010 $ 2,508.00 Professional Plan ~ 2804 011.0015328 07/07/2022 609443 $ 2,508.00
001948 ‐ AT&T 011.9019.560010 $ 834.26 Period: 03/20/21 ‐ 04/19/21 042022(2) 07/07/2022 609444 $ 834.26
001948 ‐ AT&T 055.9200.560010 $ 152.00 Period: 03/19/22 ‐ 04/18/22 2688469608 07/07/2022 609445 $ 152.00
004448 ‐ BATTERY SYSTEMS, INC 011.1046.520000 $ 557.27 Vehicle BaƩeries~ 7722922 011.0014856 011.1046.520000 $ 118.88 Vehicle BaƩeries~ 7733462 011.0014856 011.1046.520000 $ 333.67 Vehicle BaƩeries~ 7741226 011.0014856 07/07/2022 609446 $ 1,009.82
BLACK & WHITE EMERGENCY 011.1031.570000 $ 100.00 Vehicle Repairs 4543VEHICL 005366 ‐
07/07/2022 609447 $ 100.00
SECRETARY FOR ENV. 011.240010 $ 120.00 4th Qtr FY 21/22 Surcharge Transmi al 070522
PROTECTION
003037 ‐
011.240020 $ 4,398.00 4th Qtr FY 21/22 Surcharge Transmi al 070522
07/07/2022 609448 $ 4,518.00
000818 ‐ CAMINO REAL CHEVROLET 011.1046.520000 $ 45.75 Auto Parts~ 75377 011.0014857 011.1046.520000 $ 302.83 Auto Parts~ 75519 011.0014857
07/07/2022 609449 $ 348.58
004163 ‐ CENTRAL FORD 011.1046.520000 $ 10.32 Auto Parts~ 391011 011.0014859 011.1046.520000 $ 94.33 Auto Parts~ 391116 011.0014859
07/07/2022 609450 $ 104.65
006696 ‐ FACTORY MOTOR PARTS 011.1046.520000 $ 330.68 Auto Parts~ 109777817 011.0014862 011.1046.520000 $ 1,166.16 Auto Parts~ 124714147 011.0014862011.1046.520000 $ 1,116.80 Auto Parts~ 167111314 011.0014862 07/07/2022 609451 $ 2,613.64
Printed: 7/26/2022 2:12:34PM Page 12 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
FLORENCE FILTER 011.1049.520000 $ 216.00 Filter~ 121300IN 011.0015265CORPORATION 003489 ‐
011.1049.520000 $ 78.00 Filter~ 121300IN 011.0015265011.1049.520000 $ 156.00 Filter~ 121300IN 011.0015265011.1049.520000 $ 110.21 Freight 121300IN 011.0015265011.1049.520000 $ 46.14 Sales Tax 10.25 121300IN 07/07/2022 609452 $ 606.35
GARVEY EQUIPMENT 011.1046.520000 $ 114.09 Auto Parts & Accessories~ 146576 011.0014858COMPANY 000399 ‐
07/07/2022 609453 $ 114.09
001712 ‐ GRAINGER, CO 011.1049.520000 $ 254.96 Building Hardware~ 9338366314 011.0014914 011.1049.520000 $ 630.79 Building Hardware~ 9346584346 011.0014914 07/07/2022 609454 $ 885.75
004239 ‐ HSA BANK 011.1004.502030 $ 500.00 Employer ContribuƟon 07/01/22 062322(2) 011.1060.502030 $ 500.00 Employer ContribuƟon 07/01/22 062322(2) 07/07/2022 609455 $ 1,000.00
004239 ‐ HSA BANK 011.1060.502030 $ 250.00 Employer ContribuƟon 06/01/22~ 062322 07/07/2022 609456 $ 250.00
005093 ‐ JCL TRAFFIC SERVICES 011.1043.520000 $ 3,762.00 Orange Cones~ 113787 011.0015295 011.1043.520000 $ 62.88 Finance Charge 113787 011.0015295 011.1043.520000 $ 40.00 Freight 113787 011.0015295011.1043.520000 $ 389.71 Sales Tax 10.25 113787 07/07/2022 609457 $ 4,254.59
007394 ‐ KC POWER CLEAN INC 011.1043.596200 $ 850.00 Graffi R emoval 27609
011.1043.596200 $ 9,000.00 Graffi
R emoval 27625
07/07/2022 609458 $ 9,850.00
Printed: 7/26/2022 2:12:34PM Page 13 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
003908 ‐ LOPEZ & LOPEZ TIRE SERVICE 011.1046.520000 $ 253.60 Tires, Accessories & Repairs~ 21891 011.0014863 011.1046.520000 $ 532.60 Tires, Accessories & Repairs~ 5795 011.0014863011.1046.520000 $ 386.75 Tires, Accessories & Repairs~ 5800 011.0014863 011.1046.520000 $ 649.55 Tires, Accessories & Repairs~ 5855 011.0014863 011.1046.520000 $ 45.00 Tires, Accessories & Repairs~ 5905 011.0014863 011.1046.520000 $ 122.20 Tires, Accessories & Repairs~ 5907 011.0014863 07/07/2022 609459 $ 1,989.70
002316 ‐ MITECH CONTROLS 055.9190.520000 $ 6,265.67 Parts & Supplies~ 66392 055.0002937 055.9190.520000 $ 425.33 Parts & Supplies~ 66420 055.0002937 07/07/2022 609460 $ 6,691.00
000309 ‐ NAPA AUTO PARTS 011.1046.520000 $ 74.85 Auto Parts & Accessories~ 141768 011.0014864 011.1046.520000 $ 104.99 Auto Parts & Accessories~ 142015 011.0014864 011.1046.520000 $ 24.02 Auto Parts & Accessories~ 142235 011.0014864 011.1046.520000 $ 166.48 Auto Parts & Accessories~ 142862 011.0014864 011.1046.520000 $ 51.36 Auto Parts & Accessories~ 143015 011.0014864 011.1046.520000 $ 51.36 Auto Parts & Accessories~ 143016 011.0014864 011.1046.520000 $ 205.90 Auto Parts & Accessories~ 143196 011.0014864 011.1046.520000 $ ‐205.90 Auto Parts & Accessories~ 143252 011.0014864011.1046.520000 $ 251.85 Auto Parts & Accessories~ 143465 011.0014864 011.1046.520000 $ 78.97 Auto Parts & Accessories~ 143621 011.0014864 011.1046.520000 $ 180.98 Auto Parts & Accessories~ 144727 011.0014864 07/07/2022 609461 $ 984.86
005934 ‐ O'REILLY AUTO PARTS 011.1046.520000 $ 18.64 Auto Parts & Accessories~ 3049406410 011.0014860 011.1046.520000 $ 107.38 Auto Parts & Accessories~ 3049409868 011.0014860 011.1046.520000 $ ‐106.65 Auto Parts & Accessories~ 3049409869 011.0014860 011.1046.520000 $ 106.65 Auto Parts & Accessories~ 3049410131 011.0014860011.1046.520000 $ 24.06 Auto Parts & Accessories~ 3049410985 011.0014860 07/07/2022 609462 $ 150.08
Printed: 7/26/2022 2:12:34PM Page 14 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
003782 ‐ OURIQUE, CARLOS 011.1031.596500 $ 238.48 Supervisory Course 062022 07/07/2022 609463 $ 238.48
PACIFIC COMMERCIAL TRUCK 011.1046.520000 $ 175.00 Materials Parts & Supplies 28274 011.0015254BODY, 004111 ‐
011.1046.590000 $ 920.00 Labor ~ 28274 011.0015254011.1046.520000 $ 17.94 Sales Tax 10.25 28274 07/07/2022 609464 $ 1,112.94
007278 ‐ PRISM 011.1026.502030 $ 903.21 Employee Assistance Program~ 23400114 07/07/2022 609465 $ 903.21
PURE PROCESS FILTRATION, 055.9100.596200 $ 2,938.67 Filter Supplies~ 76359 055.0002932INC 007252 ‐
055.9190.500230 $ 3,905.14 Filter Supplies~ 76565 055.0002932 07/07/2022 609466 $ 6,843.81
006612 ‐ QUALIFIED MOBILE, INC 011.1046.590000 $ 1,012.50 Car Wash Services 296405 07/07/2022 609467 $ 1,012.50
007332 ‐ READYREFRESH 055.9190.500230 $ 176.30 Drinking Water Service 12A0030673719 055.9190.500230 $ 653.74 Drinking Water Service 12B0030673719055.9190.500230 $ 265.97 Drinking Water Service 12C0030673719055.9190.500230 $ 81.38 Drinking Water Service 12D0030673719055.9190.500230 $ 3.00 Drinking Water Service 22D0030673719 07/07/2022 609468 $ 1,180.39
000805 ‐ RIO HONDO COLLEGE 011.1031.596700 $ 228.00 Registra o n / C. Ourique 062022
07/07/2022 609469 $ 228.00
005577 ‐ SAN BERNARDINO COUNTY 011.1026.596200 $ 2,297.43 WRIB Membership Renewal~ 060922 07/07/2022 609470 $ 2,297.43
001159 ‐ SUSAN SAXE‐CLIFFORD, PH.D. 011.1026.597000 $ 400.00 Psychological Evalua o ns 2203173
07/07/2022 609471 $ 400.00
Printed: 7/26/2022 2:12:34PM Page 15 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
007294 ‐ TDE 055.9190.590000 $ 19,700.00 Installed Insula o n on Generators 323920295
055.9190.590000 $ 14,455.00 Repairs on Generators 325320328 07/07/2022 609472 $ 34,155.00
000141 ‐ THOMSON REUTERS ‐ WEST 011.1024.596600 $ 237.35 So w are Subscrip
o n Charges 846288154
07/07/2022 609473 $ 237.35
006371 ‐ TIREHUB, LLC 011.1046.520000 $ 952.18 Tires 27699741 011.1046.520000 $ 1,332.72 Tires~ 27755435 011.0015252011.1046.590000 $ 10.50 California Tire Fee 27755435 011.0015252011.1046.520000 $ 126.61 Sales Tax 9.5% 27755435011.1046.520000 $ ‐952.18 Tires 27755479 07/07/2022 609474 $ 1,469.83
UNITED RENTALS (NORTH 011.1049.520000 $ 794.83 Equipment & Tool Rental 207106775001AMERICA) 000883 ‐
07/07/2022 609475 $ 794.83
001481 ‐ VERIZON WIRELESS 055.9000.560010 $ 929.77 Period: 03/24/22 ‐ 04/23/22 9904955869 07/07/2022 609476 $ 929.77
000122 ‐ AAA ELECTRIC MOTOR SALES 011.1049.520000 $ 469.10 Replacement Motor LSI62393 07/14/2022 609477 $ 469.10
ALLIED UNIVERSAL 011.1049.590000 $ 10,656.18 Janitorial Services 06/22 12960527JANITORIAL SE 007276 ‐
011.1049.590000 $ 4,512.74 Janitorial Day Porter Service 06/22 12960528 07/14/2022 609478 $ 15,168.92
BENNETT‐BOWEN & 011.1046.520000 $ 1,575.00 Lights~ 3019101 011.0015255LIGHTHOUSE 001752 ‐
011.1046.520000 $ 311.00 Switch Controller~ 3019101 011.0015255011.1046.520000 $ 193.32 Sales Tax 10.25 3019101011.1046.520000 $ 1,381.60 LED Lights 3019277 07/14/2022 609479 $ 3,460.92
Printed: 7/26/2022 2:12:34PM Page 16 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
CALIFORNIA WATER SERVICE 011.1060.410240 $ 1,930.00 Overpayment Refund~ 071222CO. 000778 ‐
07/14/2022 609480 $ 1,930.00
005490 ‐ CINTAS CORPORATION 011.1043.540000 $ 5.38 First Aid Kit Restock 5103628736 011.1047.540000 $ 63.10 First Aid Kit Restock 5114089097 07/14/2022 609481 $ 68.48
COMMERCIAL DOOR OF LOS 011.1049.590000 $ 4,948.88 Heavy Sliding Gate 20341ANGELES 000331 ‐
07/14/2022 609482 $ 4,948.88
000310 ‐ CRAIG WELDING SUPPLY, CO 011.1049.520000 $ 172.94 Supplies & Refill Cylinders ~ 645180 011.0014897 07/14/2022 609483 $ 172.94
006191 ‐ DATA TICKET, INC 011.1031.594200 $ 309.69 Parking Cita o n Processing Service 140170
07/14/2022 609484 $ 309.69
DEPT OF INDUSTRIAL 020.1084.900000 $ 3,500.00 Cita
o n~ 070722
RELATIONS
003216 ‐
07/14/2022 609485 $ 3,500.00
000414 ‐ EXPRESS OIL CO 011.1046.590000 $ 662.50 Hazardous Waste Management Services 2206206 011.1046.590000 $ 150.00 Waste Oil Service Charge 2207016 011.0015237011.1046.590000 $ 94.50 Waste Oil Disposal 2207016 011.0015237011.1046.590000 $ 30.00 EPA E‐Manifest Fee 2207016 011.0015237 011.1046.590000 $ 50.00 Waste An
F reeze 2207016 011.0015237
07/14/2022 609486 $ 987.00
006925 ‐ FLEETCREW, INC 011.1046.590000 $ 85.00 Opacity Test 4840 011.1046.590000 $ 135.00 Opacity Test 4841011.1046.590000 $ 85.00 Opacity Test 4842011.1046.590000 $ 85.00 Opacity Test 4843 07/14/2022 609487 $ 390.00
007107 ‐ GEOTAB USA, INC 011.1046.590000 $ 750.50 GPS ProPlus Plan 310416 07/14/2022 609488 $ 750.50
Printed: 7/26/2022 2:12:34PM Page 17 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
007351 ‐ GOLIATH GRAFFIX, LLC 055.9000.550000 $ 4,900.00 Design~ 4301 055.0002952 07/14/2022 609489 $ 4,900.00
001712 ‐ GRAINGER, CO 011.1049.520000 $ 347.86 Building Hardware~ 9358700459 011.0014914 011.1049.520000 $ 173.93 Building Hardware~ 9360866710 011.0014914011.1049.520000 $ 210.24 Building Hardware~ 9363086274 011.0014914 07/14/2022 609490 $ 732.03
004035 ‐ GTO AUTO GLASS 011.1046.520000 $ 145.00 Drivers Door Window~ WOI0505163 011.0015276 011.1046.590000 $ 65.00 Labor to Replace Window WOI0505163 011.0015276011.1046.520000 $ 13.78 Sales Tax 9.5% WOI0505163 07/14/2022 609491 $ 223.78
001208 ‐ INNER‐TITE CORP. 055.8000.590000 $ 974.40 Short Padlock ~ 30007574 055.0002949 055.8000.590000 $ 980.00 Barrel Lock~ 30007574 055.0002949055.8000.590000 $ 395.00 Lock Assembly~ 30007574 055.0002949055.8000.590000 $ 373.00 Lock Assembly~ 30007574 055.0002949055.8000.590000 $ 369.00 Lock Assembly~ 30007574 055.0002949055.8000.590000 $ 347.00 Lock Assembly~ 30007574 055.0002949055.8000.590000 $ 147.49 Freight 30007574 055.0002949055.8000.590000 $ 352.44 Sales Tax 10.25 30007574 07/14/2022 609492 $ 3,938.33
007355 ‐ JOHN CRANE INC 055.9190.590000 $ 4,404.96 Seal Repair~ 22A100052 055.0002953 055.9190.590000 $ 451.51 Sales Tax 10.25 22A100052
07/14/2022 609493 $ 4,856.47
LANGUAGE LINE SERVICES, 011.1031.594200 $ 174.44 Interpreta o n Services 10574271
INC
003272 ‐
07/14/2022 609494 $ 174.44
Printed: 7/26/2022 2:12:34PM Page 18 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
M&C TECHGROUP NORTH 055.9190.596200 $ 1,768.00 O‐Ring Set~ 4053194 011.0015152AMERICA 007293 ‐
055.9190.596200 $ 125.20 Flowmeter~ 4053194 011.0015152055.9190.596200 $ 2,000.00 Valve~ 4053194 011.0015152055.9190.596200 $ 1,463.00 Flowmeter~ 4053194 011.0015152055.9190.596200 $ 526.00 Rotameter~ 4053194 011.0015152055.9190.596200 $ 118.00 Valve~ 4053194 011.0015152055.9190.596200 $ 13.70 Connector~ 4053194 011.0015152055.9190.596200 $ 11.00 Supplies~ 4053194 011.0015152055.9190.596200 $ 60.00 Freight 4053194055.9190.596200 $ 617.55 Sales Tax 10.25 4053194 07/14/2022 609495 $ 6,702.45
000870 ‐ MAYWOOD CAR WASH 011.1031.570000 $ 160.00 Car & Truck Wash Services~ 1201 011.0014948 07/14/2022 609496 $ 160.00
004539 ‐ NEW CHEF FASHION, INC 011.1026.520000 $ 26.50 Ladies Polo 1027844 011.0015207 011.1026.520000 $ 27.68 Mens Twill Shirt 1027844 011.0015207011.1026.520000 $ 20.48 Mens CoƩon Polo 1027844 011.0015207011.1026.520000 $ 182.80 Ladies 3/4 Sleeve Shirt 1027844 011.0015207011.1026.520000 $ 45.70 Ladies Pinpoint Oxford Shirt 1027844 011.0015207011.1026.520000 $ 20.48 Ladies Carefree Poplin Shirt~ 1027844 011.0015207011.1026.520000 $ 33.17 Sales Tax 10.25 1027844011.1026.520000 $ 26.50 Ladies Polo 1028629 011.0015207011.1026.520000 $ 45.70 Ladies 3/4 Sleeve Shirt 1028629 011.0015207011.1026.520000 $ 7.40 Sales Tax 10.25 1028629011.1026.520000 $ 45.70 Ladies Pinpoint Oxford Shirt 1032552 011.0015207011.1026.520000 $ 4.68 Sales Tax 10.25 1032552 07/14/2022 609497 $ 486.79
Printed: 7/26/2022 2:12:34PM Page 19 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
PACIFIC COMMERCIAL TRUCK 011.1046.520000 $ 195.00 Materials~ 28320 011.0015279BODY, 004111 ‐
011.1046.590000 $ 280.00 Install New Crane Boom Rest 28320 011.0015279011.1046.520000 $ 19.99 Sales Tax 10.25 28320 07/14/2022 609498 $ 494.99
007367 ‐ POWERNET 011.9019.560010 $ 693.94 Communica
o n Services 43014988
011.9019.560010 $ 618.54 Communica
o n Services 43051761
07/14/2022 609499 $ 1,312.48
001457 ‐ QUINN COMPANY 011.1046.520000 $ 440.00 Top Light~ PC810953615 011.0015277 011.1046.520000 $ 41.80 Sales Tax 9.5% PC810953615011.1046.520000 $ 14.70 Freight PC810953616 011.0015277 07/14/2022 609500 $ 496.50
000805 ‐ RIO HONDO COLLEGE 011.1031.596700 $ 208.00 Use of Force / N. Mannino 050322 011.1031.596700 $ 208.00 Use of Force / C. Saldana 050322(2) 07/14/2022 609501 $ 416.00
006985 ‐ TERMINIX COMMERCIAL 011.1048.590000 $ 69.00 Pest Control 06/22~ 419629833 011.1049.590000 $ 142.00 Pest Control 06/22~ 422043836
07/14/2022 609502 $ 211.00
000141 ‐ THOMSON REUTERS ‐ WEST 011.1024.596600 $ 237.35 So w are Subscrip
o n Charges 846610601
07/14/2022 609503 $ 237.35
THYSSENKRUPP ELEVATOR 011.1049.590000 $ 669.00 Elevator Service & Maintenance 3006671725CORPORAT 006132 ‐
07/14/2022 609504 $ 669.00
006997 ‐ SESPE CONSULTING, INC 011.1060.595200 $ 956.25 Environmental RemediaƟon Services 06/22 1345371 07/14/2022 609505 $ 956.25
Printed: 7/26/2022 2:12:34PM Page 20 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
EARLY CHECKS
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
CHECK
NUMBER
PAYMENT
DATE
WOOD SMITH HENNING & 011.9019.590110 $ 1,918.50 Cyber Breach Coach 462901BERMAN 007366 ‐
011.9019.590110 $ 2,016.00 Cyber Breach Coach 467831011.9019.590110 $ 1,709.00 Cyber Breach Coach 472157011.9019.590110 $ 2,351.00 Cyber Breach Coach 477267011.9019.590110 $ 1,190.00 Cyber Breach Coach 481141 07/14/2022 609506 $ 9,184.50
TOTAL EARLY CHECKS $ 159,077.70
Printed: 7/26/2022 2:12:34PM Page 21 of 22
CITY OF VERNON
OPERATING ACCOUNT
WARRANT REGISTER NO. 91
AUGUST 2, 2022
RECAP BY FUNDFUND ELECTRONIC TOTAL EARLY CHECK TOTAL WARRANT TOTAL GRAND TOTALS 011 ‐ GENERAL $ 1,648,919.62 $ 85,228.48 $ 0.00 $ 1,734,148.10020 ‐ WATER 45,264.42 3,500.00 0.00 48,764.42055 ‐ LIGHT & POWER 7,230,568.00 70,349.22 0.00 7,300,917.22056 ‐ NATURAL GAS 2,993.64 0.00 0.00 2,993.64 057 ‐ FIBER OPTIC 13,446.04 0.00 0.00 13,446.04GRAND TOTAL $ 8,941,191.72 $ 159,077.70 $0.00 $ 9,100,269.42 TOTAL CHECKS TO BE PRINTED 0
Printed: 7/26/2022 2:12:34PM Page 22 of 22
City Council Agenda Item Report
Submitted by: Efren Peregrina
Submitting Department: Finance/Treasury
Meeting Date: August 2, 2022
SUBJECT
Redevelopment Agency Obligation Retirement Account Warrant Register Recommendation:
Approve Redevelopment Agency Obligation Retirement Account Warrant Register No. 65, for the period of April 17 through July 16, 2022 and consisting of ratification of electronic payments totaling $8,000.00.
Background:
Section 2.32.060 of the Vernon Municipal Code indicates the City Treasurer, or an authorized designee, shall prepare warrants covering claims or demands against the City which are to be presented to City Council for its audit and approval. Pursuant to the aforementioned code section, the City Treasurer has prepared Redevelopment Agency Obligation Retirement Account Warrant Register No. 65 covering claims and demands presented during the period of April 17 through July 16, 2022, drawn, or to be drawn, from East West Bank for City Council approval.
Fiscal Impact:
The fiscal impact of approving Redevelopment Agency Obligation Retirement Account Warrant Register No. 65, totals $8,000.00. The Finance Department has determined that sufficient funds to pay such claims/demands, are available in the respective accounts referenced on RDA Obligation Retirement Account Warrant Register No. 65.
Attachments:
1. Redevelopment Agency Obligation Retirement Account Warrant Register No. 65 CITY OF VERNON
RDA OBLIGATION RETIREMENT ACCOUNT
WARRANT REGISTER NO. 65
AUGUST 2, 2022
I hereby cer. fy that claims and/or demands included in above listed warrantregister have been audited for accuracy and availability of funds for payments andthat said claims and/or demands are accurate and that the funds are available forpayments thereof.____________________________________________________________Sco Williams
Director of Finance/City TreasurerDate: _______________________________________________________ This is to cerƟfy that the claims or demands covered by the above listed warrantshave been audited by the City Council of the City of Vernon and that all of saidwarrants are approved for payments except Warrant Numbers:________________________________________________________________________________________________________________________ Printed: 7/26/2022 2:01:51PM
7/27/2022
CITY OF VERNON
RDA OBLIGATION RETIREMENT ACCOUNT
WARRANT REGISTER NO. 65
AUGUST 2, 2022
ELECTRONIC
VENDOR NAME AND NUMBER
ACCOUNTNUMBER
INVOICE
AMOUNT DESCRIPTION INVOICE P.O.#
PAYMENT
AMOUNT
PAYMENT
NUMBER
PAYMENT
DATE
002533 ‐ BANK OF NEW YORK MELLON 022.1022.594200 $ 8,000.00 Administra o n & Audit ConfirmaƟon Fees 2522479120
06/30/2022 48 $ 8,000.00
TOTAL ELECTRONIC $ 8,000.00
Printed: 7/26/2022 2:01:51PM Page 1 of 2
CITY OF VERNON
RDA OBLIGATION RETIREMENT ACCOUNT
WARRANT REGISTER NO. 65
AUGUST 2, 2022
RECAP BY FUNDFUND ELECTRONIC TOTAL EARLY CHECK TOTAL WARRANT TOTAL GRAND TOTALS 022 ‐ VERNON REDEVELOPMENT AGENCY $ 8,000.00 $0.00 $0.00 $ 8,000.00GRAND TOTAL $ 8,000.00 $0.00 $0.00 $ 8,000.00 TOTAL CHECKS TO BE PRINTED 0
Printed: 7/26/2022 2:01:51PM Page 2 of 2
City Council Agenda Item Report
Submitted by: Cynthia Cano
Submitting Department: Public Works
Meeting Date: August 2, 2022
SUBJECT
Public Works Department Monthly Report
Recommendation:
Receive and file the June 2022 Building Report.
Background:
The attached building report consists of total issued permits, major projects, demolition permits, new building permits and certificate of occupancy status reports for the month of June 2022.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Public Works Department June 2022 Building Report
Construction
Value
Number of
Permits
Year to Date
Value
Year to Date
Permits
Construction
Value
Number of
Permits
Year to Date
Value
Year to Date
Permits
Permit
Difference
Valuation
Difference
January $ 4,464,611 62 $ 4,464,611 62 $ 1,813,324 29 $ 1,813,324 29 -53% -59% February $ 5,711,149 45 $ 10,175,760 107 $ 2,895,873 31 $ 4,709,197 60 -44% -54% March $ 1,966,225 43 $ 12,141,985 150 $ 4,291,667 42 $ 9,000,864 102 -32% -26% April $ 4,257,030 57 $ 16,399,015 207 $ 5,714,278 37 $ 14,715,141 139 -33% -10% May $ 9,312,090 51 $ 25,711,105 258 $ 14,819,034 31 $ 29,534,176 170 -34% 15% June $ 3,826,680 59 $ 29,537,785 317 $ 4,717,348 40 $ 34,251,524 210 -34% 16% July
August
September
October
November
December
2021 2022 Year to Date
Monthly Report Summary
City of Vernon
Building Division
0 10
20 30
40 50
60 70
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
$16,000,000
Monthly
2021 Construction Value 2022 Construction Value
2021 Number of Permits 2022 Number of Permits
0 50
100
150
200
250
300
350
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
$40,000,000
Year to Date
2021 Year to Date Value 2022 Year to Date Value
2021 Year to Date Permits 2022 Year to Date Permits
Value
11 1
4 2
8 6
8 40
210
59 317
PREVIOUS MONTHS TOTAL
PRIOR YEAR TO DATE TOTAL
$3,826,680.00
$25,711,105.00 258
$29,537,785.00
PREVIOUS MONTHS TOTAL $29,534,175.80 170
YEAR TO DATE TOTAL $34,251,523.50
June 2021 TOTALS PERMITS:
Plumbing $60,000.00
Roof $1,675,363.00
June 2022 TOTALS PERMITS: $4,717,347.68
Industrial - Remodel $240,000.00
Mechanical $630,000.00
Miscellaneous $707,765.84
City of Vernon
Building Department
Monthly Report from 6/1/2022 to 6/30/2022
Type # of Permits
Electrical $939,218.84
Industrial - Addition $465,000.00
None
City of Vernon
Building Department
New Buildings Report - June 2022
None
City of Vernon
Building Department
Demolition Report - June 2022
Tenant Description Job Value
2 Record(s) $630,000.00
Miscellaneous
B-2022-5284 2900 44TH ST Structured repair to roof structure, truss
100000
APN 6303014014
B-2022-5322 4625 DISTRICT AVE Spec New HVAC ducting / no HVAC units 30000 APN 6304020035
3 Record(s) $235,000.00
Mechanical
B-2022-5303 3220 26TH ST Installation of two new LX-250N low NOx Miura boilers and demolition of
existing firetube boiler
600000
APN 6303002025
B-2022-5324 4625 DISTRICT BLVD Spec 3 new offices, new walls, paint, new T-bar aprox 500 sf
100000
APN 6304020035
6302019022
B-2022-5264 5383 ALCOA AVE Office remodeling for second floor. 55000 APN 6310008016
1 Record(s) $465,000.00
Industrial - Remodel
B-2021-4627 2425 38TH ST First Hydro Modification to existing building. fence installation, retail cabinets
80000
APN
6 Record(s) $891,234.84
Industrial - Addition
B-2022-5410 4906 ALCOA AVE New mezzanine addition, new
demising walls, new driveway
opening
(Reminder to change this permit to
INDUSTRIAL ADDITION after all
fees are paid on this permit per
Pepe) 6,543 + 4,457 = 11,000 sf.
465000
APN 6303026010
B-2022-5323 4625 DISTRICT BLVD Spec Replace light fixtures with new LED new receptacles
50000
APN 6304020035
B-2022-5252 2550 25TH ST Roof mount solar AC/DC
160.00kW/202.350kW, 426
modules, 2 inverters
146515.84
APN 5168025028
B-2022-5376 2709 37TH ST new lighting system for new parking lot
85000
APN 6302002031
B-2022-5396 5215 BOYLE AVE Large sorter power feed-10600 A @480v, 3ph. Confirmed with
Petrelli Electric point of connection
561719
APN 6310009025
24000
APN 5169034019
B-2022-5379 3285 26TH ST (4) new EV chargers plus new 200A meter/main combo
24000
APN 5169033018
City of Vernon
Building Department
Major Projects from 6/1/2022 to 6/30/2022
Valuations > 20,000
Permit No. Project Address
Electrical
B-2022-5378 3305 26TH ST (4) new EV chargers plus new 200A meter/ main combo
7 Record(s) $1,655,363.00
26 Permit(s) Total $4,608,113.68
B-2022-5386 4824 SANTA FE AVE Reroof back building 399000 APN 6308007012
B-2022-5415 2250 52ND ST Install title 24 compliant white roof coating on 35,400 square feet on
industrial building using 6 gallons
emulsion. 1 ply polyester and 3
gallons of tropical 19 white roof
coating
106500
APN 6308016048
B-2022-5401 6011 MALBURG WAY New coating system WC 1P XE over BUR, replace existing skylights
at same locations
172000
APN 6310027045
B-2022-5394 4600 DISTRICT BLVD Coating project of 374 squares on top of existing roof install, apply
sprayed 7 layer of tropical basse
acrylic roof coating
112777
APN 6304019023
B-2022-5380 4900 SOTO ST Install title 24 complaint tropical silicone coating system on existing
roof on commercial building of
approx 99,600 square feet. Prep
work with tropical #9400 silicone
mastic. Apply 2.5 gallons per 100
sq. ft. of tropical #924 silicone
coating.
435000
APN 6303023008
5168025032
B-2022-5400 6133 MALBURG WAY New coating system WC-1P-XE over existing BUR roof, replace
existing skylights same type same
locations
254000
APN 6310027041
6304020035
1 Record(s) $30,000.00
Roof
B-2022-5420 2570 25TH ST Perfom roof maintenance with
polyester fabric embedded in
asphalt emulsion. Recoat with cool
roof acrylic surfacing, no tear off
(approximately 440 squares). ICC
ESR #2871. CRRC #0656-0001.
UL #TGFU: R11321
176086
APN
6 Record(s) $701,515.84
Plumbing
B-2022-5321 4625 DISTRICT BLVD Spec Replace exising fixtures with new 30000 APN
B-2021-4646 2100 55TH ST Solar Photovoltaic Rooftop Solar 573.75 kW DC - 480 kW AC
100000
APN 6308017042
B-2022-5226 4525 DISTRICT BLVD Foundation for 4 new silos 300000 APN 6304020021
B-2022-5207 5503 BOYLE AVE Under AB2421 install a backup power generator as per plans for
existing carrier to support both
existing and future wireless
equipment.
25000
APN 6310011001
B-2022-5361 2306 38TH ST Demo lean to frame new fire rated door
30000
APN 6302015014
B-2022-5253 2550 25TH ST Roof mount solar AC/DC
160.00kW/202.350kW, 426
modules, 2 inverters
146515.84
APN 5168025028
521,454.00
Total Fees 10,149.00 14 Permits(s)
1 APN 6304018022
14 Record(s)
Total for Certificate of Occupancy: 10,149.00
1,207.00 200000
APN 6314033002
C-2022-1914 4668 48TH ST Instanpro, Inc Cold storage of food items
385.00 1000
APN 6308002014
C-2022-1923 3030 ATLANTIC BLVD 99 Cents Only Stores, LLC Warehouse general merchandise
C-2022-1922 4601 SOTO ST NS Import & Export Fabric Storage 385.00 4400 C-2022-1921 4440 26TH ST Los Angeles County
Museum of Natural History
Foundation
Storage of and
research on
historical and
scientific artifacts
0.00 70794
APN 5243018010
C-2022-1920 2341 49TH ST LA Fashion Mfg. a California Garment manufacturing
385.00 5000
APN 6308015044
C-2022-1919 4368 DISTRICT BLVD ANB Apparel Inc. DBA A.
Peach
Office and
warehouse for
clothing
885.00 24000
APN 6304024002
C-2022-1918 3278 26TH ST Westgate MFG. Storage of
containers of light
fixtures
885.00 30000
APN 6303002021
C-2022-1917 4767 49TH ST Freshlunches, Inc. DBA
Unity Meals
The facility will be
as a kitchen to
create meals for
schools.
885.00 13000
APN 6304016005
5192030004
C-2022-1916 4334 SANTA FE AVE Good Merchants LLC DBA
Le Bon Shoppe
885.00 9189
APN 6308006004
18500
APN 6308015022
C-2022-1915 3736 26TH ST L&Y USA Inc. Wholesale toys and gifts
885.00 11286
APN
6302006012
C-2022-1913 2300 49TH ST Show Me Your Mumu LLC Fabric
manufacturing
885.00
300
APN 6302004015
C-2022-1912 2929 SANTA FE AVE CHW Inc. Garment
manufacturing
1,046.00 60000
APN
6304021037
C-2022-1911 2424 26TH ST Jacob Supplies, Inc. Dba
Culture Code
Warehousing and
distribution of ladies
apparel
385.00
Fees Paid Square Feet
C-2022-1910 4270 MAYWOOD AVE Source Logistics Los
Angeles LLC
Warehouse -
Unload, store and
ship dry goods
1,046.00 73985
APN
City of Vernon
Certificate of Occupancy
Applications Date From 6/1/2022 to 6/30/2022
Issued Permit No. Project Address Tenant Description
Permit
No.
6/6/2022
6/6/2022
6/8/2022
6/8/2022
6/8/2022
6/8/2022
6/8/2022
6/15/2022
6/15/2022
6/16/2022
6/16/2022
6/20/2022
6/21/2022
6/21/2022
6/27/2022
6/27/2022
Total Fees 13,689.00 16 Permits(s
885.00 13200
APN 6302015016
Total for Certificate of Occupancy: 13,689.00 368,661.00 APN 6310002018
C-2022-1847 3817 SANTA FE AVE JS Duo International, Inc. Manufacturing of women's clothing
9000
APN 6308008030
C-2021-1661 3310 FRUITLAND AVE Print System Screen printing 885.00 7238 6302004021
C-2022-1852 2555 CHAMBERS ST Rainfield Marketing Group, Inc
Warehousing and
distribution of
produce
885.00
10688
APN 6304026030
C-2021-1687 2419 28TH Globel Merch Group LLC Manufacturing of apparel
885.00 20600
APN
6310010007
C-2021-1784 4455 FRUITLAND AVE OKOKLA INC. Sample making, digital printing and
warehousing of
clothing
885.00
1000
APN 6304018022
C-2022-1904 2856 54TH Agave Designs Inc. Warehousing and distribution of
general
merchandise
885.00 7500
APN
6308002009
C-2022-1914 4668 48TH ST Instanpro, Inc Cold storage of food items
385.00
32890
APN 6303012046
C-2021-1841 2764 LEONIS BLVD Leed Imports Inc Warehousing and distribution of
electronics
885.00 11861
APN
6308002006
C-2021-1752 3268 VERNON AVE Umina Bros, Inc Warehousing (cold storage) and
distribution of
produce
885.00
1700
APN 6304011005
C-2021-1737 2761 FRUITLAND AVE Jaya Apparel Group, LLC Garment manufacturing
1,770.00 11097
APN
6308017041
C-2021-1808 4900 50TH ST Urban Motion Inc. Warehousing of personal electric
powered vehicles
385.00
70119
APN 6308017042
C-2022-1898 2050 55TH ST Lineage Logistics PFS,
LLC
Cold storage of food
items
1,207.00 103050
APN
6302020053
C-2022-1897 2100 55TH ST Lineage Logistics PFS,
LLC
Cold storage of food
items
1,046.00
975
APN 6308002009
C-2022-1896 3031 VERNON AVE Vernon Soto Inc. Convenience store with gas station
385.00 4603
APN
6308015076
C-2022-1905 2770 LEONIS BLVD KKGM Inc. Office use only 385.00 Fees Paid Square Feet
C-2021-1680 2300 48TH ST Sunrise Food Service, Inc. Warehousing and distribution of food
(dry)
1,046.00 63140
APN
City of Vernon
Certificate of Occupancy
Issued Date From 6/1/2022 to 6/30/2022
Issued Project Address Tenant Description
City Council Agenda Item Report
Submitted by: Brandon Gray
Submitting Department: Police Department
Meeting Date: August 2, 2022
SUBJECT
Mutual Aid Operational Plan Agreement
Recommendation:
Approve and authorize the Chief of Police to execute a Mutual Aid Operational Plan Agreement, in substantially the same form as submitted.
Background:
Under the provisions of Sections 8615, 8617, and 8668 of the Government Code of the State of California, California Disaster and Civil Defense Master Mutual Aid Agreement, municipalities are allowed to enter into mutual aid and assistance agreements, which may include provisions for furnishing and exchanging of supplies, equipment, facilities, personnel, and services across jurisdictional lines. The proposed Mutual Aid Operational Plan Agreement ensures the coordination of public safety service efforts and encourages maximum participation between all law enforcement and prosecutorial agencies.
The Vernon Police Department (VPD), along with every other law enforcement agency in the State, is asked to enter into the State's Form Mutual Aid Operational Plan Agreement (Mutual Aid Agreement) to provide for the sharing of resources, personnel, and equipment in the event of a major disaster, either natural or manmade. The Mutual Aid Agreement allows each participating public agency to furnish supplementary public safety services to the other public agencies signatory to this plan in the event of local peril, local emergency, local disaster, civil disturbance and such other occasions as may arise. The approved agreements are signed by the individual agencies and maintained by regional coordinators. The Mutual Aid Agreement is effective upon execution and remains in effect until terminated by the participating agency.
VPD is assigned to Area E of Region 1. The Los Angeles County Sheriff is the Law Enforcement Mutual Aid Coordinator for Region 1 (Los Angeles and Orange Counties).
The provisions listed under Section 830.1(a) of the California Penal Code grant authority for any California peace officer to perform official duties in the jurisdiction of other cities. This agreement will allow VPD Officers to perform their duties in cities throughout the State, and vice versa. Investigations conducted by the VPD often coincide with investigations being pursued within other jurisdictions in the State. An agreement pursuant to Penal Code Section 830.1(a) would benefit the City of Vernon as well as other law enforcement agencies in the State, allowing the agencies to work together to accomplish common goals.
The proposed agreement was reviewed and approved as to form by the City Attorney's Office.
Fiscal Impact:
There is no fiscal impact associated with this report.
Attachments:
1. Mutual Aid Operational Plan Agreement 2022
MUTUAL AID AGREEMENT
2022
MUTUAL AID OPERATIONAL PLAN
THIS AGREEMENT is made and entered into by and between the participant municipal corporations and other political subdivisions which now or hereafter become signatories hereto:
WITNESSETH:
WHEREAS, the signatory agencies desire to coordinate public safety service efforts and encourage maximum cooperation between all law enforcement and prosecutorial agencies; and WHEREAS, the agencies have heretofore determined that the public interest and necessity require mutual aid and participation in joint efforts; and WHEREAS, all joint efforts of the parties signatory hereto shall be governed by the term and conditions set forth by the participating agencies; and WHEREAS, it is also necessary and desirable that the resources, personnel, equipment and facilities of any one party to this plan be made available to any other party to prevent, combat, or eliminate a probable or imminent threat to life or property resulting from local peril, local emergency, local disaster, or civil disturbance, or a duly proclaimed "state of extreme emergency" or "state of disaster", or "state of war emergency" and to render mutual and supplementary public safety services one to the other as the need may arise; and WHEREAS, extensive loss of life and property may be mitigated by the immediate and adequate response of the forces of local government to what are or may be disturbances and disasters; and
WHEREAS, the parties signatory to this plan have public safety responsibilities within the County and, therefore, have mutual interests and objectives to accomplish with reference to the preservation and protection of life and property within said County; and WHEREAS, the parties signatory to this plan have powers to provide for common defense, and the power to act in case of emergency or disaster are all powers common to the parties signatory hereto; and
WHEREAS, the provisions of the Sections 8615, 8617 and 8668 of the Government Code of the State of California, California Disaster and Civil Defense Master Mutual Aid Agreement, and other laws of the State of California, empower each of the parties to this plan to so agree; and
WHEREAS, it is expressly understood that this plan and the operation orders adopted pursuant thereto shall not supplant existing agreements between some of the parties hereto providing for the exchange or furnishing of certain types of facilities and services on a reimbursable exchange or other basis, nor supplant other mandatory agreements required by law in the event of a duly proclaimed emergency.
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties signatory hereto as follows:
1. Each public agency signatory hereto may join in joint efforts which shall be governed by the terms and conditions set forth by the participating agencies.
2. Each public agency signatory hereto may furnish supplementary public safety services to the other public agencies signatory to this plan in the event of local peril, local emergency, local disaster, civil disturbance and such other occasions as may arise.
3. The mutual aid extended under this plan and the operation orders adopted pursuant to this plan shall be without reimbursement unless otherwise expressly provided for by the parties to this plan or as provided by law.
4. The responsible local official in whose jurisdiction an incident requiring mutual aid has occurred, unless otherwise provided, shall remain in charge at such incident including the direction of such personnel and equipment provided him through the operation of such mutual aid operations plan.
5. That nothing contained in this plan shall require or relieve any party hereto from the necessity and obligation of furnishing adequate protection to life and property within their own jurisdiction and no party shall be required to deplete unreasonably his own resources, facilities, and services in furnishing such mutual aid.
6. Any services performed or expenditures made in connection with the furnishing of assistance shall conclusively be presumed to be for the direct protection of the inhabitants and property of the party furnishing the assistance and for the direct benefit of all the inhabitants of the area.
7. This plan shall not be construed as, or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have the right of action hereunder for any cause whatsoever.
8. The declination of one or more of the parties to participate in this plan or any amendment, revision, or modification thereof, shall not affect the operation of this plan nor operation orders adopted pursuant thereto insofar as the validity of the plan pertains to the signatory parties.
9. This plan shall become effective as to each party when approved or executed, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this plan until participation in this plan is terminated by the party. The termination by one or more of the parties of its participation in this plan shall not affect the operation of this plan as between the other parties thereto.
10. Termination of participation in this plan may be effected by any party by giving notice of said termination of participation in this plan to the public agencies, a party hereto, and this plan shall be terminated as to such party twenty (20) days after the filing of such resolution.
IN WITNESS WHEREOF this operational plan has been executed and approved and is effective and operative as to each of the parties as herein provided.
Signature of:
Police Department, City of
Robert Sousa, Chief of Police
ATTEST:
_______________________________
Lisa Pope, City Clerk
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney
AGREEMENT PURSUANT TO CALIFORNIA PENAL CODE SECTION 830.1 THIS AGREEMENT is made and entered into by and between the participation chief law enforcement officials which now or hereafter become signatories hereto:
WITNESSETH:
WHEREAS Section 830.1 (a) of the California Penal Code provides that the authority of any California peace officer extends to any place in the state, “Where the peace officer has the prior consent of the chief of police, or person authorized by him or her to give such consent, if the place is within a city, of the sheriff; or person authorized by him or her to give such consent, if the place is within a county"; and
WHEREAS it is the intention of the undersigned, the Sheriff and Chiefs of Police of all cities of Los Angeles County, that peace officers be given the maximum powers consistent with California law; and
WHEREAS it is agreed among the undersigned that when members of their respective agencies are engaged in police activity in a jurisdiction other than their own that these members will notify, whenever practicable, the department whose jurisdiction they are entering, of their activities in said jurisdiction; but that the practicability of such prior notification shall be solely at the discretion of the individual member(s); and
WHEREAS the signatory agencies desire to coordinate law enforcement efforts and encourage maximum cooperation between all criminal justice agencies; and WHEREAS, the agencies have heretofore determined that the public interest and necessity require mutual aid and participation in joint efforts; and WHEREAS, all joint efforts of the parties signatory hereto shall be governed by the terms and conditions set forth by the participating agencies; and WHEREAS, the parties signatory to this agreement have public safety responsibilities within the County and therefore, have mutual interests and objectives to accomplish with reference to the preservation and protection of life and property within said County; and WHEREAS, the parties signatory to this agreement all have powers to provide for common defense, and the power to act in case of emergency or disaster are all powers common to the parties signatory hereto.
NOW, THEREFORE, IT IS HEREBY AGREED by and between each and all of the parties signatory as follows:
1. Any member of the law enforcement agencies listed below, who is a peace Officer as defined under Section 830.1 of the California Penal Code, shall have the authority of a peace officer at all times within the jurisdiction for which the undersigned are authorized to give consent.
2. This agreement shall not be construed as, or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have the right of action hereunder for any cause whatsoever.
3. The declination of one or more of the parties to participate in this agreement or any amendment, revision, or modification thereof, shall not affect the operation of this agreement nor operation orders adopted pursuant thereto insofar as the validity of the agreement pertains to the signatory parties.
4. This agreement shall become effective as to each party when approved or executed, and shall remain operative and effective as between each and every party that has heretofore or hereafter approved or executed this agreement, until participation in this agreement is terminated by the party. The termination by one or more of the parties of its participation in this agreement shall not affect the operation of this agreement as between the other parties thereto.
IN WITNESS WHEREOF this agreement pursuant to California Penal Code Section 830.1 has been executed and approved and is effective and operative as to each of the parties as herein provided.
Signature of:
Police Department, City of
Robert Sousa, Chief of Police
ATTEST:
_______________________________
Lisa Pope, City Clerk
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney
City Council Agenda Item Report
Submitted by: Adriana Ramos
Submitting Department: Public Utilities
Meeting Date: August 2, 2022
SUBJECT
Supplemental to Purchase Contract LP-0728 with ABB, Inc.
Recommendation:
A. Find that the best interests of the City are served by a direct award of a Supplemental to ABB, Inc., without a competitive selection process pursuant to Section 3.32.110 B.2 of the Vernon Municipal Code (VMC); and
B. Authorize a Supplemental to Purchase Contract LP-0728 with ABB, Inc. in an amount not to exceed $9,445.81.
Background:
On April 5, 2022, City Council approved blanket Purchase Contract LP-0728 with ABB, Inc., (ABB) in the amount of $92,283.31 for the installation of a motor drive and maintenance services at the Malburg Generating Station (MGS) during the scheduled Spring 2022 Outage.
At the time, City Council found it was in the best interest of the City to award the contract without a competitive process, as ABB was the manufacturer of certain equipment being serviced and had a proven track record of successfully supporting MGS through many years.
Staff is requesting that the City Council also find it is in the best interest of the City to issue a Supplemental to ABB, as it was critical for ABB to complete the work undertaken during the outage.
MGS undergoes a scheduled, major planned outage every 30,000 equivalent operating hours, or roughly 3 to 4 years, usually in the fall and spring when the electricity demand is lower. The MGS power plant is operationally required to offer full resource adequacy to the California Independent System Operator (CAISO) daily. To ensure compliance with the CAISO and ensure continued operation of the MGS power plant, it is often essential that a vendor is contracted to provide maintenance on the Combustion Turbine Generator (CTG) starting motors.
In May 2022, MGS went through a major scheduled outage and during the outage, the power plant optimized downtime by scheduling facility upgrades, repairs, and other maintenance work while the power plant was offline. MGS' staffing level was optimized for efficient plant operation and sustained outages were completed in a timely manner using multiple qualified and specialized vendors. During the scheduled outage, ABB performed an annual calibration on the British Thermal Unit (BTU) analyzer. Subsequently, Purchase Contract LP-0731 was issued on May 3, 2022, in the amount of $4,071. Funds to cover this service were withdrawn from approved blanket Purchase Contract LP-0728 funds, since this was a maintenance service that was required.
In addition to the annual calibration of the BTU analyzer, ABB installed a starting motor drive for the CTG. Without a reliable and functioning starting motor system, the CTG will not run, and the power plant will not be able to operate. Outage schedules are highly orchestrated with the end of one vendor’s task marking the beginning of another vendor’s task. Any delays during the process risk a cascading impact up to the point of delaying outage completion and subsequent increased costs are incurred. Due to work conflicts with equipment readiness, ABB technicians were unable to complete the installation within the projected time frame, which resulted in additional hours billed to the City.
The balance already authorized for payment to ABB is currently $92,283.31. However, the combined invoices received from ABB for the installation of a starting motor drive and the annual calibration total $101,729.12. Accordingly, staff is requesting approval of a Supplemental to the ABB purchase contract in the amount of $9,445.81 to cover the additional costs incurred during the outage. Pursuant to VMC section 3.32.030 (B), Council approval of the proposed Supplemental to ABB is required, as total payments to ABB would exceed $100,000.
Fiscal Impact:
Sufficient funds for the supplemental are available in the Vernon Public Utilities Generation and Operations Generation Expense Account No. 055.9190.500230.
Attachments:
1. ABB Invoice No. 7105603816
2. ABB Invoice No. 7105550828
ABB Inc.
Invoice
Invoice number : 7105603816
Invoice date : 07/12/2022
Terms of payment : 30 Days net
Customer no. : 200011100
Due date : 08/11/2022
Currency : USD
Customer P.O. : MGS21969
Customer contact : OA Contact
Customer P.O.date : 05/21/2021
Bill of lading no. :
Shipped date :
Terms of delivery :
Delivery method : Less Than TrckLd-LTL -
INCO terms : EXW New Berlin (UCC)
Sales department :
Sales person :
Sales order no. : 2774913
Project manager :
Project no. :
Federal I.D. no : 36-3100018
Invoice address Bill to : 200011100
COLORADO ENERGY MANAGEMENT LLC
4963 SOTO ST
VERNON CA 90058
USA
Customer address Sold to : 200011100
COLORADO ENERGY MANAGEMENT LLC
4963 SOTO ST
VERNON CA 90058
USA
Delivery address Ship to : 200011100
COLORADO ENERGY MANAGEMENT LLC
4963 SOTO ST
VERNON CA 90058
USA
Cust. Contact Name
OA Contact
Cust. Contact Tel # Cust. Contact Email
[email protected]
General Terms and Conditions :
If not otherwise agreed upon in writing ABB Inc.'s General Terms & Conditions apply to this offer.
Item No. Part number Quantity UoM Unit price Amount
Part no. Customer Price base
Description Adjustment Adjustment amount
40 LV_SERVICE 1 EA USD 98,348.99 USD 98,348.99
1 ACS607 Retrofit Kit; Field Service
Labor Hours Rate Cost
Straight 184 $195.00 $35,880.00
Overtime 94 $292.50 $27,495.00
Double 38 $390.00 $14,820.00
ABB Inc.
16250 W. Glendale Drive
NEW BERLIN WI 53151
USA
LV Drives Customer Service #800-752-0696
LV Controls Customer Service #888-385-1221
ACH/Wire Transfer to :
ABB Inc
JPMORGAN CHASE BANK NA
New York NY
ABA Number: 021000021
SWIFT Code : CHASUS33
Account no : 323884326
Mail Payment To
ABB Inc.
PO Box 88868
Chicago IL 60695-1868 US
Invoice 7105603816 Duplicate Page 1 of 2 07/13/2022 09:24:47 PR1-110/022022/USBRHEI1
Total Amount: USD 98,348.99
Item No. Part number Quantity UoM Unit price Amount
Part no. Customer Price base
Description Adjustment Adjustment amount
Travel
Straight 32 $195.00 $6,240.00
Overtime 0 $292.50 $0.00
Double 0 $390.00 $0.00
Expenses + 10% $13,949.99
Total: $98,384.99
Fixed Charge for Inv 0.00
Total Freight 0.00
Total Tax 0.00
Total Amount 98,348.99
Additional Information :
If you have any questions regarding this invoice, please contact ABB Accounts Receivable by visiting http://new.abb.com/us/arinquiries or 1-866-330-2461. Please send remittance advices to [email protected].
ABB Inc.
16250 W. Glendale Drive
NEW BERLIN WI 53151
USA
LV Drives Customer Service #800-752-0696
LV Controls Customer Service #888-385-1221
ACH/Wire Transfer to :
ABB Inc
JPMORGAN CHASE BANK NA
New York NY
ABA Number: 021000021
SWIFT Code : CHASUS33
Account no : 323884326
Mail Payment To
ABB Inc.
PO Box 88868
Chicago IL 60695-1868 US
Invoice 7105603816 Duplicate Page 2 of 2 07/13/2022 09:24:47 PR1-110/022022/USBRHEI1
Total Amount: USD 98,348.99
II IlII ,TI'I' Power and prod*ctivity
tor a better warld-'
lnvoice
ABB lnc.
lnvoice address Bill to : 200006526
lnvoice numbel
lnvoice date
Teims of payment
Customer no.
Due date
Curency
: 71 05550828
I OSl27l2O22
: 30 Days net
:20OOO6526
CITY OF VERNON
4305 S SANTA FE AVE
VERNON CA 90058
USA
Customer P,O.
Cuslomer contact
Customer P.O.date
r LPO73'l
: IAN EVERTS
t O5lOgl2O22
Sold to : 200006526
ship to : 200006526
Bill of lading no.
Shipped date
Terms of del;very
Delive.y method
INCO terms
Sales department
Sales person
Sales order noPioject managel
Project no.
Federal l.D. no
Ground parcel - UPS Express
CPT VERNON CA
70269795
: 36-3'10O018
Cust. Contact Name
IAN EVERTS
Cust. Contact Tel #
323-350-3481
Cust. Contact E nail
ieverts@cityof vernon.org
Item No. Part numbol
Part no. Cuatomel
Desciiption
Ouantity UoM Unit price
Price base
Adiustment
Amount
Adiustment amount
't0
30 VXLO3-GAS-DAY 2.5 H
GAS: Rate 8-5 M-F
Field Service Gas: Rates for Flow Computer, Calibration, and LevelMaster.
U. S. weekdays 8:OO a.m. - 5:O0 p.m. Maximum of I
hours per day
VXLO3-ANA,DAY H
USD
USD
130.OO USD
1 180.OO USD
1 325.OO
ABB lnc.
7051 lndustrial Blvd.
BARTLESVILLE OK 74006
USA
1-aoo-442-3097
[email protected]
ACH/lMre Tlansfor to :
ABB lnc
JPMORGAN CHASE BANK NA
New York NY
ABA Numbel: 021000021
SWFT Code : CHASUS33
Account no : 323884326
Mail Payment To
ABB lnc.
PO Box 88868
Chicago lL 60695-1868 US
lnvoice 7105550828 Original Page1ol 4 0512712022 14i12t1? Total Amount: IJSD 3,380.13 Customer addrosa
CITY OF VERNON
4305 S SANTA FE AVE
VERNON CA 90058
USA
Deliv€ry addrsss
CITY OF VERNON
4305 S SANTA FE AVE
VERNON CA 90058
USA
t OOl26l2022
: USD
450.OO
ANA: Rate 8-5 M-F
II EII ,tEt, Power and productivity
for a better world'"
Item No. Part numbel
Paft no. Customer
Description
Ouantity UoM Unit price
Price base
Adiustment
Amount
Adiustment amount
Field Service Analytics: Rates for NGC, PGClOOO, LGR,
and NGC-Liquid. #
U,S. Weekdays 8:0O a.m. - 5:OO p.m. Maximum of 8
hours per day
40 2104625-OO1 ,] EA
FILTER,REPLACEMENT KIT.FOR 2 1 O2494.OO1
Filter/Membrane Replacoment Kit, Type 5 membrane.
used for A + Genie A38M
liquid block sample systems 38M-51 6-07-CFS, used with
2102454-OO1
50 2015475-OO5 1 EA
CYLINDER W/CAL BLEND,BTU-XMTR. 1 3 CF
Cal Blend, small bottle, tor start-up (Standard Pick)
VXEO l .TRV-DAY 9 HR
TRV: Rate 8-5 M-F
Fi€ld S€rvice travel time p€r hour rate tor all service. U. S.
Weekdays 8:OO a.m. - 5:OO p.m. Maximum ol 8 hours per
day
60 70 DY
USD
USD
USD
USD
158.OO USD
1 579.OO USD
1 125.OO USD
1 'l84.OO USD
1 158.OO
5 7 9.00
1,125.OO
VXEOl HOTEL 184.OO ,|
Hotel
Hotel Fees
ABB lnc.
7051 lndustrial Blvd.
BARTLESVILLE OK 74006
USA
1-AOO-442-3097
totslf [email protected]
ACH/IM]€ Transfsr to :
ABB lnc
JPMORGAN CHASE BANK NA
New York NY
ABA Number: O21OOOO21
SwlFT Code : CHASUS33
Account no | 323884326
Mail Payment To
ABB lnc.
PO Box 88868
Chicaso lL 60695-1868 US
lnvoice 7105550828 Original Page 2 of 4 0512712022 14:12113 Total Amount: USD 3,380.13 Il pll ttEt, PolYer and productivity
for a better world'"
Item No. Part number
Part no. Customer
Desedpjlon
Ouantity UoM Unit prica
Price base
Adiustmsnt
Amount
Adiustment amount
80 90
VXEO l PERDIEM
Perdi€m/Living
Per Diem per day
VXEOl MILEAGE
Milesg€
Mileage (if ABB company vehicle is used)
100 VXEOl EXPENSE
ADM FEE
Miscellaneous Expenses
2 DY
510 Mr
61.OO USD
1 o.59 USO
1 60.69 USD
1 122.OO
300.90
DOL 60.69
USD
USD
1 USD
Fixed Charge for lnv
Total Freight
Total Tax
Total Amount
o.oo
o.oo
75.54 3.380.13
ABB lnc.
7051 lndustrial Blvd.
BARTLESVILLE OK 74006
USA
1-800-442-3097
totalf [email protected]
ACH/Wire Transfer to :
ABB lnc
JPMOBGAN CHASE BANK NA
New York NY
ABA Number: O2'l O0OO21
SWFT Code : CHASUS33
Account no :323884326
Mail Payment To
ABB Inc.
PO Box 88868
Chicago lL 60695-1868 US
lnvoice 7105550828 Original Page 3 of 4 0512712022 14:12:13 Total Amount: USD 3,380.13 ll PIT ,tI,t, Power and productivity
for a better world"'
Ord€r Type Text :
Service Call Billing
Totalflow Service Call Oatet 519 - 5112122
ABB Service Report Number: 880016
Ssrvice Technician: GUS VON SEGGERN
Unit Si N: T130304629
Loc: Malburg Generation Station
Field Contact: lan Evens
Oescription ol service work performed:
Calibratel NGC /2 TotalflowxFc/2 XMV. lnstalling new cal bottle when customer recieves it.
Additional lnformation :
lf you have any questions regatding this invoice, please contact ABB Accounts Receivable by visiting http://new.ahb.com/us/aringuiries or I -866-33O-246f . Please send remittance advices to us. sasacclrec@ us.abb.com.
ABB lnc.
7051 lndustrial Blvd.
BARTLESVILLE OK 74OO6
USA
1-800-442-3097
totalf [email protected]
ACH/Wi.o Tlansfor to :
ABB lnc
JPMORGAN CHASE BANK NA
New York NY
ABA Numb€r: O21OOOO21
SWFT Code : CHASUS33
Account no :323884326
Mail Payment To
ABB lnc.
PO Box 88868
Chicago lL 60695- 1 868 US
lnvoice 7105550828 Original Page 4 of 4 0512712022 14.12:.13 Total Amount: USD 3,380.13 City Council Agenda Item Report
Submitted by: Adriana Ramos
Submitting Department: Public Utilities
Meeting Date: August 2, 2022
SUBJECT
Sale of Surplus Vernon Public Utilities Vehicle to Petrelli Electric, Inc.
Recommendation:
Approve and authorize the City Administrator to execute the Purchase and Sale Agreement with Petrelli Electric, Inc. (Petrelli Electric), in substantially the same form as submitted, for the sale of one surplus 2008 Chevrolet Silverado 2500HD vehicle for the price of $6,500.
Background:
Vernon Public Utilities (VPU) has an urgent need to replace diesel vehicles as the South Coast Air Quality Management District’s (SCAQMD) Fleet Rules require public agencies to acquire low-emitting gasoline or alternative-fuel vehicles to reduce air-toxic and criteria pollutant emissions. Vehicle No. L1004, a 2008 Chevrolet Silverado 2500HD, is a medium duty, four-wheel drive, diesel powered vehicle owned by the City which does not meet SCAQMD Rule 1191 compliance. This vehicle must be replaced with a lower or zero emission vehicle such as electric, compressed natural gas (CNG), hybrid, or gasoline vehicle rated low emission vehicle (LEV) or better. Until recently, Vehicle No. L1004 had been utilized in service; however, to comply with SCAQMD’s requirements, it was imperative that the City surplus this vehicle. Additionally, this vehicle recently exhibited reliability issues and became cost prohibitive for the City's Garage Division to repair. As a result, VPU, in coordination with the Public Works Garage Division, determined that the vehicle should be placed in surplus, as it is no longer fit for use by the Department. Subsequently, the City's Purchasing Division, which is responsible for salvaging the City's surplus property, determined Vehicle No. L1004 is no longer economically suitable for further City use.
Pursuant to the City’s Purchasing Manual parameters related to salvaging surplus City property, salvage property that has functional use may be sold or donated. Petrelli Electric has confirmed its desire to enter into a Purchase Agreement with the City to procure the aforementioned surplus vehicle. Petrelli Electric is the current VPU contractor providing high voltage electric systems service, maintenance, and utility support to the Vernon Electric and Fiber Optic Systems. Accordingly, VPU is recommending that City Council approve the sale of one surplus 2008 Chevrolet Silverado 2500HD (VIN #: 1GCHK29638E111088) to Petrelli Electric for the price of $6,500. The vehicle will be sold at market value, with the proposed cost determined by the price range estimate offered through Kelley Blue Book which considers the age of the vehicle, mileage, and condition. Findings were reviewed and confirmed by the Finance Director.
Although supply chain issues related to the COVID-19 pandemic have presented procurement challenges, VPU has taken delivery of a SCAQMD Fleet Rules compliant 2022 gasoline powered Ford Explorer 4WD vehicle to replace Vehicle No. L1004. It is recommended that the City Council authorize the sale of VPU’s surplus vehicle and authorize the City Administrator to execute the necessary Purchase and Sale Agreement. The proposed Agreement with Petrelli Electric has been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact:
Proceeds from the sale will result in $6,500 to Vernon Public Utilities Revenue Account No. 055.9000.670011.
Attachments:
1. Purchase and Sale Agreement with Petrelli Electric
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PURCHASE AND SALE AGREEMENT
BETWEEN PETRELLI ELECTRIC, INC.
AND
CITY OF VERNON
This Purchase and Sale Agreement is made and entered into this 2nd day of August, 2022 between the PETRELLI ELECTRIC, INC., a California corporation, hereinafter referred to as “BUYER”, and CITY OF VERNON, a California charter City and California municipal corporation, hereinafter referred to as “SELLER”. BUYER and SELLER may be referred to in this Agreement individually as “Party” and jointly as “Parties”.
I. Recitals
A. SELLER has determined that certain surplus property is not functionally or economically suitable for further CITY OF VERNON use and has negotiated the sale of one (1) 2008 Chevrolet Silverado 2500HD, as described in Exhibit A “Equipment”, attached hereto (Equipment);
B. SELLER has provided BUYER with fair market pricing on Equipment in the total amount of $6,500 as set forth in Exhibit B “Price” attached hereto; C. SELLER has provided BUYER with a Liability Release Agreement, attached hereto as Exhibit C.
NOW, THEREFORE, Parties agree as follows:
II. General Provisions
A. Assignment
Parties shall not assign all or any part of this Agreement and/or make any subcontract to perform any obligation hereunder, either in whole or in part, without the prior written consent of the Parties.
B. Attorneys’ Fees
In the event any legal proceeding is instituted to enforce any term or provision of this Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the court to be reasonable.
C. Compliance with Laws
Parties shall perform their respective obligations as set forth in this Agreement pursuant to all applicable Federal, State, and local statutes, regulations, and ordinances whether now in force or hereinafter enacted.
D. Conflicts or Inconsistencies
Exhibit C shall take precedence in the event of any conflict or inconsistency between the terms of Exhibit C and this Agreement. In the event of any conflict or inconsistency between the provisions of this Agreement and any other Exhibit, the terms of this Agreement shall strictly prevail.
E. Dispute Resolution
1. Administrative Remedies. Disputes regarding the interpretation or application of this Agreement shall first be submitted to the other Party for investigation and resolution. The Parties will make a good faith and reasonable effort to reach an agreeable resolution. Any disputes that -2-
cannot be resolved in that manner shall be submitted to non-binding arbitration as set forth in the Formal Remedies below.
2. Formal Remedies. In the event the Administrative Remedy does not resolve the dispute, the alleged injured Party may, but is not required to as a condition of pursuing any legal remedies, serve a demand for arbitration on the Party claimed to be in default ("Defaulting Party"). The Parties will continue to perform obligations under this Agreement so long as the Defaulting Party diligently commences to cure the alleged default in the event there is imminent danger to the public health, safety or general welfare resulting from the default, the Defaulting Party shall take immediate action to cure the immediate threat.
Within five (5) business days of receipt of the demand, and providing the default remains uncured, the matter shall be submitted to non-binding arbitration. The Parties shall make reasonable efforts to jointly select an arbitrator using any reasonable method including selection by chance.
The arbitration shall be conducted in accordance with the California Arbitration Act (Code of Civil Procedure section 1280 et seq.) The arbitrator shall render a decision with written findings. The costs of arbitration (excluding each Party’s own costs) shall be borne by the Parties equally. Either Party that is not satisfied with the arbitrator's decision shall be entitled to pursue all remedies available in a court of law or equity.
F. Documentation
PARTIES shall maintain complete and accurate records with respect to ownership and transfer of Equipment and the costs incurred under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment made under this Agreement. All such records shall be provided to requesting Party within ten (10) days of request.
G. Effective Date and Term
This Agreement is effective as of the date of mutual execution and shall remain in full force and effect until delivery of the Equipment to BUYER, and BUYER’s removal of the Equipment from SELLER’s property whereupon this Agreement shall terminate, subject to the survival of terms as provided herein.
H. Force Majeure
1. The time period(s) specified for performance pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the delayed Party if the delayed Party shall within three (3) days of the commencement of such delay notify the other Party in writing of the causes of the delay.
2. The sole remedy shall be termination or an extension of the Agreement pursuant to this Section and neither Party shall not be entitled to recover damages against the other Party.
I. Governing Law
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1. This Agreement shall be governed by and construed in accordance with the laws of the State of California.
2. Venue for any litigation arising out of this Agreement shall be the Superior Court of the County of Los Angeles.
J. Independent Contractor
Parties and their respective employees, officers, and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of the other Party.
K. Entire Agreement
1. This Agreement, together with all exhibits hereto and which are incorporated by reference herein, supersedes any and all other Agreements, either oral or in writing, between the Parties with respect to the subject matter herein.
2. Each Party acknowledges that it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement that no representation, statement, or promise by any party which is not embodied herein shall be valid or binding.
3. Any modification of this Agreement shall be effective only if it is in writing signed by the Parties.
L. Counterparts
This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
M. Severability
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
N. Termination
1. Termination for Convenience. Parties may terminate this Agreement for convenience by providing not less than ten (10) days prior,written Notice of Termination to the other Party prior to payment and delivery of the Equipment. This Agreement may be terminated at any time upon mutual agreement of the Parties. In such events, Parties shall have no further rights hereunder.
2. Cure Notice. Either Party may provide a Notice to Cure Default, therein specifying the acts or omissions constituting the alleged default, and demanding that the default be cured within ten (10) days, to the other Party. If the default remains uncured, termination for cause shall be effective, without further notice, at the end of the default cure period.
3. Termination for Cause. Either Party may terminate this Agreement for cause immediately by providing a written Notice of Termination therein -4-
specifying the acts or omissions constituting the default, to the other Party. In such event, Parties shall have all other rights and remedies as provided by law.
4. Payment. SELLER shall reimburse BUYER for all amounts paid to SELLER within a reasonable time after termination of this Agreement.
5. Release of Liability. Termination or expiration of this Agreement does not release either Party from any and all claims, damages or other liability incurred prior to termination or expiration.
O. Waiver
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.
III. Special Provisions
A. Acceptance
Acceptance of the Equipment shall be deemed to occur upon delivery of the keys to BUYER and BUYER’s removal of the Equipment from the SELLER’s property.
B. Insurance
SELLER shall maintain and provide proof of insurance coverage on the Equipment until such time SELLER delivers the Equipment to BUYER and removes the Equipment from SELLER’s property. SELLER’s program of selfinsurance approved by BUYER shall satisfy the requirements of this Section.
C. Ownership and Authority to Sell and Purchase
1. SELLER warrants that it owns the Equipment, free and clear of any encumbrances, and that it is authorized to sell Equipment to BUYER.
2. BUYER represents that it is authorized to purchase Equipment from SELLER.
D. Removal, Transportation, and Operation
1. SELLER, at its sole expense, shall provide reasonable instructions and documentation pertaining to the maintenance and operation of the Equipment to BUYER at the time of delivery and prior to BUYER removing the Equipment from SELLER’s property.
2. BUYER, at its sole liability, risk and expense, shall be responsible for removing, loading, transporting, and operating the Equipment.
E. Sale of Equipment
SELLER hereby sells to BUYER and BUYER hereby purchases from SELLER the Equipment for the price set forth in Exhibit B.
F. Title and Risk of Loss
1. Title to and risk of loss or damage to the Equipment purchased by BUYER will pass to BUYER upon delivery and removal of the Equipment from SELLER’s property.
-5-
2. BUYER assumes all risks and liability whatsoever resulting from the possession, use or disposition of the Equipment. SELLER will have no liability with respect to the Equipment sold to BUYER, including having no liability for indirect, incidental or consequential damages.
IV. Representatives and Signatories
A. Notices and Designated Representatives
1. Any and all notices, demands, invoices, and written communications between the Parties shall be addressed to the invidviduals set forth below who are primarily responsible for their respective party’s performance.
2. Such notices shall be deemed as received by addressee within two working days after deposit in the United States mail or an express mail carrier or by verifiable electronic means.
SELLER BUYER
City of Vernon Petrelli Electric, Inc.
Finance Department
4305 Santa Fe Avenue 11615 Davenport Road
Vernon, CA 90058 Agua Dulce, CA 91390
Scott Williams, Finance Director Cindy Petrelli, President 323.583.8811 ext: 849 661.268.7312
[email protected]
[SIGNATURES ON FOLLOWING PAGE]
-6-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above:
SELLER
Contractor Name: City of Vernon
Corporation Type: a California charter City and California municipal corporation
Printed Name: Carlos Fandino
Title: City Administrator
Signature:
ATTEST
Printed Name: Lisa Pope
Title: City Clerk
Signature:
APPROVED AS TO FORM
Printed Name: Zaynah N. Moussa
Title: City Attorney
Signature:
BUYER
Petrelli Electric, Inc.
Corporation Type: a California corporation
Printed Name: Cindy Petrelli
Title: President
Signature:
BUYER
Printed Name: Sal Petrelli
Title: Vice President
Signature:
-7-
Attachments (incorporated documents):
Exhibit A – Equipment
Exhibit B – Price
Exhibit C – Liability Release Agreement
Exhibit A - Equipment
a
VERNON PUBLIC UTILITES
VEHICLE DESCRIPTION
Make/Model: 2008 Chevrolet Silverado 2500HD
Unit #: L1004
License Plate #: 1142554
Weight: 9,200
Odom.: 270,000
Fuel: Diesel
VIN #: 1GCHK29638E111088
Warranty
Equipment is sold “AS IS, WHERE IS, WITH ALL FAULTS”.
SELLER MAKES NO REPRESENTATION OR WARRANTY, STAUTORY, EXPRESS OR
IMPLIED WITH RESPECT TO THE USED EQUIPMENT INCLUDING MAKING NO
WARRANTY THAT THE USED EQUIPMENT WILL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE. THE ONLY WARRANT OR REPRESENTATION MADE
BY SELLER IS A WARRANTY THAT SELLER IS THE LEGAL OWNER OF THE USED EQUIPMENT.
End of Exhibit A
-1-
Exhibit B – Price
I. Purchase Price
As full and complete consideration for the Equipment, BUYER shall pay the sum of Six Thousand, Five Hundred Dollars($6,500) USD, not including any applicable taxes and or fees to SELLER.
II. Taxes and Fees
BUYER is responsible to pay all applicable sales taxes and fees associated with the acquisition of Equipment.
III. Payment
BUYER shall make payment of the full purchase price to SELLER on or before the BUYER takes possession of the Equipment.
End of Exhibit B
-1-
Exhibit C – Liability Release Agreement
Petrelli Electric, Inc. (Petrelli), hereby voluntarily releases, discharges, waives, and relinquishes any and all liabilities, losses, claims or causes of action against the City of Vernon (City), and any of its elected officials, officers, agents, employees, or volunteers, including those for personal injury, property damage, or wrongful death arising, directly or indirectly, as a result of the purchase of one (1) one 2008 Chevrolet Silverado 2500HD (Equipment), described in Exhibit A and referred to collectively as the “Equipment”.
Petrelli further agrees to indemnify, defend, and hold harmless the City and its elected officials, officers, agents, employees, and volunteers from any and all loss, damage, liability, claim, action, or expense whatsoever, including without limitation, attorney fees and other costs of defense, which in any way arise out of, result from, or are connected with, the purchase, possession, retention, use, ownership, sale, or transfer of the Equipment by Petrelli or its officers, owners, agents, or employees, even though such liability may arise, in part, out of the negligence of the City, its elected officials, officers, agents, employees, or volunteers.
On behalf of its officers, owners, agents, and employees, Petrelli agrees not to make any claim against, sue, attach the property of, or prosecute City or its elected officials, officers, agents, employees, or volunteers, for any liabilities, losses, claims or causes of action arising, directly or indirectly, as a result of Petrelli’s acceptance, retention, use, ownership, sale, or transfer of the Equipment.
Petrelli further acknowledges that City makes no guarantee or warranty for the Equipment. The Equipment is accepted in an “as is” condition.
Petrelli voluntarily accepts and expressly assumes all risks, dangers, and hazards that may arise from its acceptance, retention, use, ownership, sale, or transfer of the Equipment.
The undersigned hereby warrants that he/she is an authorized agent of Petrelli, whose name appears below, and by his/her signature does hereby bind it to the terms, conditions, and limitations of this release document.
Petrelli Electric, Inc.
_____________________________ _____________
Cindy Petrelli Date
President
11615 Davenport Road
Agua Dulce, CA 91390
City Council Agenda Item Report
Submitted by: Daniel Wall
Submitting Department: Public Works
Meeting Date: August 2, 2022
SUBJECT
Heating, Ventilation, and Air Conditioning (HVAC) System Yearly Maintenance Contract Recommendation:
A. Find that approval of the proposed action is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301, because the project consists of the restoration or rehabilitation of deteriorated existing equipment and involves negligible or no expansion of an existing use; and B. Approve a Purchase Contract with Western Allied in the amount of $50,000 for maintenance and inspection services for the City’s HVAC system.
Background:
The Public Works Department (Department) utilizes an HVAC specialist to service the City’s HVAC system under a yearly maintenance and inspection contract. The contract covers routine inspection and maintenance costs as well as emergency repairs that may be necessary during the year. In order to select a vendor, Public Works staff contacted a total of seven service providers in the region to request quotes for the proposed contract. Based on the responses received, Western Allied presented the best option for the City, as the company is certified by Trane, the manufacturer of the equipment being serviced, and provided competitive pricing. Other vendors contacted by staff were either not certified by Trane, or indicated that they were not able to service equipment as large as that in use by the City.
Accordingly, the Department is requesting that Council approve the yearly maintenance contract in the amount of $50,000 with Western Allied. A copy of the quote provided by the vendor is attached for reference.
Pursuant to Vernon Municipal Code (VMC) Section 3.32.030 (B), Council approval of the proposed contract is necessary as current City Contracts with this vendor exceed $100,000.
Most recently, on September 21, 2021, Council approved Contract CS-1345 with Western Allied in the amount of $290,200 for the basement cooling system update.
Fiscal Impact:
Sufficient funds for the proposed maintenance and inspection contract are available in General Fund, Public Works/City Buildings Account No. 011.1049.590000 for Fiscal Year 2022-2023.
Attachments:
1. Western Allied Maintenance and Inspection Proposal
WESTERN ALLIED CORPORATION
The Building Relationship People
Celebrating 62 Years 1960 - 2022
PO Box 3628 (use PO Box for mail) Santa Fe Springs, CA 90670 12046 E. Florence Avenue 562/944-6341 Contractors License No. 198821 Air Conditioning Service, Maintenance, & System Correction February 9, 2022
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Re: HVAC Maintenance Proposal; City Hall/PD Complex
Fiscal Year 2022/23
Attn.: Mr. Kenny Jackson [email protected]
Dear Kenny:
Per your request and provided scope of work and equipment list, Western Allied Corporation offers the following:
For the two chillers, 50 ton Trane rooftop unit, 25 ton Carrier condensing unit, Lochinvar boiler and Raypak boiler at City Hall/PD:
- Quarterly maintenance (four times per year) to include: Inspect for refrigerant and oil leakage. Verify proper operation and set points. Check all alarms. Confirm that crankcase heaters are operational. Observe refrigerant sight glass and crankcase oil level. For boilers, verify proper operation and set points and check alarms.
Visually check chilled and hot water loop water at pot feeder. Verify proper expansion tank air cushion and adjust.
- Annual maintenance for cooling units (two chillers, 50 ton Trane rooftop unit, 25 ton Carrier condensing unit or new 12.5 ton Trane units when installed) in conjunction with the spring quarterly maintenance visit. Work to include: Perform quarterly tasks. Perform SCAQMD / EPA refrigerant audit. Wash condenser coils with water and an EPA approved coil cleaner. For Trane rooftop unit, rinse cooling coil and flush drain pans and lines. Replace Trane unit supply fan belts.
Check pumpdown cycle operation for each refrigeration circuit. Check temperature, operation, and safety circuits. Calibrate sensors. Inspect all contactors. - Annual maintenance for two boilers in conjunction with the fall quarterly maintenance visit. Work to include: Perform quarterly tasks. Clean burners. Blow out fire box. Replace hot surface ignitors and flame sensors. Check temperature, operation, and safety circuits. Calibrate sensors. Inspect all contactors.
Our price to perform the above scope of work for the equipment noted above is $13,992.00, invoiced at the rate of $3,498.00 per quarter for the one year duration of the agreement.
You may also utilize our 24/7 service call emergency response. These rates are in effect through September 1, 2022, at which time we adjust the rates to reflect our new labor contract.
Service call rates (regular hours): $159.00/hour
Service call rates (non-holiday overtime): $238.50/hour Service call rates (holidays): $318.00/hour
Truck charge: $89.00
Please let me know if you have any questions.
Best Regards,
Mike Gallagher
City Council Agenda Item Report
Submitted by: Robert Sousa
Submitting Department: Police Department
Meeting Date: August 2, 2022
SUBJECT
Federal Equitable Sharing Agreement and Annual Certification Report Recommendation:
Approve and authorize the Police Chief and City Administrator to execute the Federal Equitable Sharing Agreement and Annual Certification Report.
Background:
When local police agencies work with federal agencies to enforce federal criminal laws, the agency may apply for an equitable share of any forfeited proceeds. The Vernon Police Department (VPD) currently receives an equitable share of forfeited proceeds from investigations conducted by an investigator assigned to the Southwest Borders Initiative Taskforce (SWBI).
In order to receive such proceeds, the VPD must execute an equitable sharing agreement and certify that the forfeited proceeds received are allocated as required by federal statutes and regulations established by the U.S. Department of Treasury and the U.S. Department of Justice.
These laws and regulations require the VPD to do the following:
Retain forfeited funds or property separate from state or other forfeitures Submit a federal Equitable Sharing Agreement and Certification annually with both agencies
Maintain a record of the funds or property and any expenditures Annually audit funds exceeding $100,000
The Department of Justice implemented an on-line reporting process to streamline the annual reporting of funds received by local agencies. The reporting process requires the Agency Head (Police Chief) and the Governing Body Head (City Administrator) to certify that the City understands its obligations under the agreement and to certify that the reported financial information regarding the VPD’s receipt and expenditure of the funds is accurate. The VPD has implemented procedures in compliance with the outlined laws and regulations.
The Equitable Sharing Agreement and Certification Report has been reviewed and approved as to form by the City Attorney’s Office.
Fiscal Impact:
Forfeited proceeds received through the equitable share program vary from year to year as funds are based on the resolution of specific court cases. When received, revenues are placed in General Fund, Police Department asset forfeiture Account No. 011.4031.441013.
Attachments:
1. FY 2021-2022 ESAC Form (Draft)
Equitable Sharing Agreement and Certification
OMB Number 1123-0011
Expires: December 31, 2024
Agency Name: City Of Vernon Police Department
NCIC/ORI/Tracking Number: CA0197300
Mailing Address: 4305 Santa Fe Avenue
Type: Police Department
FY End Date: 06/30/2022 Agency FY 2023 Budget: $14,423,563.00 Phone: (323) 583-8811 x242 Email:[email protected] Name: Melgar, Angela
ESAC Preparer
Phone: Email:
Name:
Jurisdiction Finance Contact
Agency Finance Contact
Phone:
Name: Sousa, Roberto
(323) 583-8811 x114 Email:[email protected]
Williams, Scott
(323) 583-8811 x849 [email protected]
Vernon, CA 90058
Beginning Equitable Sharing Fund Balance
Equitable Sharing Funds Received
Equitable Sharing Funds Received from Other Law Enforcement Agencies and Task Force
Other Income
Interest Income
Total Equitable Sharing Funds Received (total of lines 2-5) Equitable Sharing Funds Spent (total of lines a - n)
Ending Equitable Sharing Funds Balance
(difference between line 7 and the sum of lines 1 and 6) Summary of Equitable Sharing Activity Justice Funds Treasury Funds $346,436.74 $48,008.93
$68,841.47 $0.00
$0.00 $0.00
$0.00 $0.00
$256.49 $0.00
$69,097.96 $0.00
$34,470.85 $0.00
$381,063.85 $48,008.93
1 2
3 4
5 6
7 8
Summary of Shared Funds Spent
Law Enforcement Operations and Investigations
Law Enforcement, Public Safety, and Detention Facilities Training and Education
Law Enforcement Equipment
Joint Law Enforcement/Public Safety Equipment and Operations Contracts for Services
Law Enforcement Travel and Per Diem
Law Enforcement Awards and Memorials
Drug, Gang, and Other Education or Awareness Programs
Matching Grants
Transfers to Other Participating Law Enforcement Agencies Support of Community-Based Programs
Non-Categorized Expenditures
Salaries
Total
Justice Funds Treasury Funds
$0.00 $0.00
$9,700.00 $0.00
$0.00 $0.00
$18,281.85 $0.00
$0.00 $0.00
$6,489.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00
$0.00 $0.00
$0.00 $0.00
$34,470.85 $0.00
a
b
c
d
e
f
g
h
i
j
k
l
m
n
Department of Justice Asset Forfeiture Program Investigative Agency participants are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA Department of the Treasury Asset Forfeiture Program participants are: IRS-CI, ICE, CBP and USSS. 1 2
1 2
Annual Certification Report
Date Printed: 07/11/2022 Page 1 of 5
Equitable Sharing Funds Received From Other Agencies
Transferring Agency Name Justice Funds Treasury Funds
Other Income
Other Income Type Justice Funds Treasury Funds
Matching Grants
Matching Grant Name Justice Funds Treasury Funds
Transfers to Other Participating Law Enforcement Agencies Receiving Agency Name Justice Funds Treasury Funds
Support of Community-Based Programs
Recipient Justice Funds
Non-Categorized Expenditures
Description Justice Funds Treasury Funds
Salaries
Salary Type Justice Funds Treasury Funds
Paperwork Reduction Act Notice
Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Money Laundering and Asset Recovery Section at 1400 New York Avenue, N.W., Washington, DC 20005.
The Department of Justice is collecting this information for the purpose of reviewing your equitable sharing expenditures.
Providing this information is voluntary; however, the information is necessary for your agency to maintain Program compliance.
Information collected is covered by Department of Justice System of Records Notice, 71 Fed. Reg. 29170 (May 19, 2006), JMD-022 Department of Justice Consolidated Asset Tracking System (CATS). This information may be disclosed to contractors when necessary to accomplish an agency function, to law enforcement when there is a violation or potential violation of law, or in accordance with other published routine uses. For a complete list of routine uses, see the System of Records Notice as amended by subsequent publications.
Privacy Act Notice
Single Audit Information
Company:
Name:
Independent Auditor
Robert J. Callanan, CPA
Phone:
CliftonLarsenAllen LLP
7147955354 Email: [email protected]
Date Printed: 07/11/2022 Page 2 of 5
Were equitable sharing expenditures included on the Schedule of Expenditures of Federal Awards (SEFA) for the jurisdiction's Single Audit for the prior fiscal year? If the jurisdiction did not meet the threshold to have a Single Audit performed, select Threshold Not Met.
NO
Prior Year Single Audit Number Assigned by Federal Audit Clearinghouse:
YES THRESHOLD NOT MET X
Date Printed: 07/11/2022 Page 3 of 5
Under penalty of perjury, the undersigned officials certify that they have read and understand their obligations under the Guide to Equitable Sharing for State, Local, and Tribal Law Enforcement Agencies (Guide) and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations. The undersigned officials certify that the information submitted on the Equitable Sharing Agreement and Certification form (ESAC) is an accurate accounting of funds received and spent by the Agency.
The undersigned certify that the Agency is in compliance with the applicable nondiscrimination requirements of the following laws and their Department of Justice implementing regulations: Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794), and the Age Discrimination Act of 1975 (42 U.S.C. § 6101 et seq.), which prohibit discrimination on the basis of race, color, national origin, disability, or age in any federally assisted program or activity, or on the basis of sex in any federally assisted education program or activity. The Agency agrees that it will comply with all federal statutes and regulations permitting federal investigators access to records and any other sources of information as may be necessary to determine compliance with civil rights and other applicable statutes and regulations.
Affidavit
Equitable Sharing Agreement
This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the Agency, and (3) the Agency's governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited funds, property, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By submitting this form, the Agency agrees that it will be bound by the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
Submission of the ESAC is a prerequisite to receiving any funds or property through the Equitable Sharing Program.
1. Submission. The ESAC must be signed and electronically submitted within two months of the end of the Agency’s fiscal year. Electronic submission constitutes submission to the Department of Justice and the Department of the Treasury.
2. Signatories. The ESAC must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body head is the head of the agency that appropriates funding to the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, administrator, commissioner, and governor. The governing body head cannot be an official or employee of the Agency and must be from a separate entity.
3. Uses. Shared assets must be used for law enforcement purposes in accordance with the Guide and all subsequent updates, this Equitable Sharing Agreement, and the applicable sections of the Code of Federal Regulations.
4. Transfers. Before the Agency transfers funds to other state or local law enforcement agencies, it must obtain written approval from the Department of Justice or Department of the Treasury. Transfers of tangible property are not permitted.
Agencies that transfer or receive equitable sharing funds must perform sub-recipient monitoring in accordance with the Code of Federal Regulations.
5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury, funds from state and local forfeitures, joint law enforcement operations funds, and any other sources must not be commingled with federal equitable sharing funds.
The Agency certifies that equitable sharing funds are maintained by its jurisdiction and the funds are administrated in the same manner as the jurisdictions's appropriated or general funds. The Agency further certifies that the funds are subject to the standard accounting requirements and practices employed by the Agency's jurisdiction in accordance with the requirements set forth in the Guide, any subsequent updates, and the Code of Federal Regulations, including the requirement to maintain relevant documents and records for five years.
The misuse or misapplication of equitably shared funds or assets or supplantation of existing resources with shared funds or assets is prohibited. The Agency must follow its jurisdiction's procurement policies when expending equitably shared funds.
Failure to comply with any provision of the Guide, any subsequent updates, and the Code of Federal Regulations may subject the Agency to sanctions.
6. Single Audit Report and Other Reviews. Audits shall be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Uniform Administrative Requirements, Costs Principles, and Audit Requirements for Federal Awards. The Agency must report its equitable sharing expenditures on the jurisdiction's Schedule of Expenditures of Federal Awards (SEFA) under Assistance Listing Number 16.922 for Department of Justice and 21.016 for Department of the Treasury. The Date Printed: 07/11/2022 Page 4 of 5
Yes No
Agency Head
Name:
Title:
Email:
Governing Body Head
Name:
Title:
Email:
To the best of my knowledge and belief, the Agency's current fiscal year budget reported on this ESAC is true and accurate and the Governing Body Head whose name appears above certifies that the agency's budget has not been supplanted as a result of receiving equitable sharing funds. Entry of the Governing Body Head name above indicates his/her agreement to abide by the policies and procedures set forth in the Guide, any subsequent updates, and the Code of Federal Regulations.
I certify that I have obtained approval from and I am authorized to submit this form on behalf of the Agency Head and the Governing Body Head.
X
Sousa, Roberto
Chief of Police
[email protected]
Fandino Jr., Carlos R.
City Administrator
[email protected]
Date:
To the best of my knowledge and belief, the information provided on this ESAC is true and accurate and has been reviewed and authorized by the Law Enforcement Agency Head whose name appears above. Entry of the Agency Head name above indicates his/her agreement to abide by the Guide, any subsequent updates, and the Code of Federal Regulations, including ensuring permissibility of expenditures and following all required procurement policies and procedures.
Signature: ___________________________________________________________ Date:
Department of Justice and the Department of the Treasury reserve the right to conduct audits or reviews.
7. Freedom of Information Act (FOIA). Information provided in this Document is subject to the FOIA requirements of the Department of Justice and the Department of the Treasury. Agencies must follow local release of information policies.
8. Waste, Fraud, or Abuse. An Agency or governing body is required to immediately notify the Department of Justice's Money Laundering and Asset Recovery Section and the Department of the Treasury's Executive Office for Asset Forfeiture of any allegations or theft, fraud, waste, or abuse involving federal equitable sharing funds.
During the past fiscal year: (1) has any court or administrative agency issued any finding, judgment, or determination that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above; or (2) has the Agency entered into any settlement agreement with respect to any complaint filed with a court or administrative agency alleging that the Agency discriminated against any person or group in violation of any of the federal civil rights statutes listed above?
Signature: ___________________________________________________________ ________________________________
________________________________
Civil Rights Cases
Date Printed: 07/11/2022 Page 5 of 5
City Council Agenda Item Report
Submitted by: Lilia Hernandez
Submitting Department: City Administration
Meeting Date: August 2, 2022
SUBJECT
Report on Vehicle Purchases Approved by the City Administrator Recommendation:
Receive and file the report.
Background:
Typically, the City purchases vehicles through Sourcewell, a cooperative purchasing public agency serving government, education and non-profit organizations. However, due to the current severe inventory shortage of vehicles, the City has not been able to secure vehicles through Sourcewell, with many of the City's purchase orders placed in July 2021 having remained open for over a year. The City is also experiencing challenges when attempting to purchase directly from dealers, as vehicle inventory is extremely low and vehicles are being sold rapidly, not providing the City an opportunity to carry out a typical competitive process for the purchase of vehicles while specified/quoted vehicles remain in stock. Overall, vehicle inventory is extremely sparse currently with little to no options available from which to select specific makes and models.
The South Coast Air Quality Management District's (SCAQMD) Fleet Rules (Rule 1191 and Rule 1196) require public agencies to acquire low emitting gasoline or alternative -fuel vehicles to reduce air toxic and criteria pollutant emissions. In a continued effort to comply with SCAQMD's rules, Vernon Public Utilities (VPU) in coordination with SCAQMD has systematically identified diesel vehicles within its fleet that need to be replaced. Most recently, VPU and the City's Public Works Garage Division, determined two of its medium duty, diesel powered vehicles should be replaced immediately as they were exhibiting reliability issues and became cost prohibitive to repair. Accordingly, Garage staff recommended that VPU surplus Vehicle No. L1004 (a 2008 Chevrolet Silverado 2500) and Vehicle No. L1055 (a 2016 Ford F250 XLT Supercab). VPU agreed as both vehicles did not meet SCAQMD Rule 1191 compliance and needed to be replaced with lower or zero emission vehicles such as electric, compressed natural gas (CNG), hybrid, or gasoline vehicle rated LEV or better.
Due to the shortage of vehicles and associated challenges making timely purchases, and VPU's urgent need to replace diesel vehicles, VPU staff requested approval from the City Administrator to move forward with purchases as soon as desired replacement vehicles were identified. Pursuant to Vernon Municipal Code (VMC) Section 3.32.110 (B)(3), the City Administrator found that it was in the best interest of the City to award a purchase order to the respective dealers noted below for the specified vehicle purchases. As required by the VMC section noted above, the City Administrator is providing a written report to the City Council regarding the purchases.
2021 Dodge Ram 3500 from Russell Westbrook Chrysler Dodge Jeep Ram (2021 Dodge Ram)
This vehicle is a medium duty, gas powered vehicle. In an effort to obtain a competitive price for the City, staff solicited quotes from eleven (11) local dealerships and requested quotes where available. Six of the eleven dealerships responded with an indication no trucks were available. Two quotes were received, with Russell Westbrook Chrysler Dodge Jeep Ram providing the most cost-effective offer.
2022 Ford Explorer ST 4WD from Galpin Ford (2022 Ford Explorer) This vehicle is a light duty, gas powered vehicle with four-wheel drive. In an effort to obtain a competitive price for the City, staff solicited quotes from fourteen (14) local dealerships and requested quotes where available. Three quotes were received, with Galpin Ford providing the most cost-effective offer. VPU was fortunate to find this vehicle available as it was not advertised and was being utilized as a manager demo. VPU was also able to receive a $1000 discount offered during the fourth of July holiday by placing a deposit on the vehicle.
VPU will continue to work with the Public Works Garage staff and SCAQMD to advance the replacement of diesel vehicles owned by the City as necessary and feasible.
Fiscal Impact:
The fiscal impact of the purchase of the 2021 Dodge Ram was $59,232.44. This expenditure was included in the VPU Fiscal Year (FY) 2022-23 budget under 055.8100.900000 Capital Outlay account.
The fiscal impact of the purchase of the 2022 Ford Explorer was $64,613.12. This expense was included in the VPU FY 2021-22 budget under 055.8000.900000 Capital Outlay account.
Due to the supply chain issues resulting from the COVID-19 pandemic and the purchase occurring just past the end of the fiscal year, a mid-year budget adjustment will be made to the VPU FY 2022-23 budget to roll over and utilize these approved funds for the purchase.
Attachments:
None.
City Council Agenda Item Report
Submitted by: Yesenia Barajas
Submitting Department: Public Works
Meeting Date: August 2, 2022
SUBJECT
National Auto Fleet Group Multiple Vehicle Purchase
Recommendation:
A. Approve the purchase of five new 2022 Ford F-150 Lighting Pro 4WD SuperCrew Work Trucks through National Auto Fleet Group, for a total cost of $230,846.60; and B. Authorize the City Administrator to approve comparable vehicle purchases for a total notto-exceed $250,000 for the Public Works Department should the vehicles noted above no longer be available through the National Auto Fleet Group.
Background:
The adopted Public Works Department Building Maintenance Division and Street Operations Division budget for FY2022-2023 included planned capital expenditures for the purchase of five new 2022 Ford F-150 Lighting Pro 4WD SuperCrew Work Trucks to meet the operational needs of the department. The purchase of these new vehicles will provide Public Works staff with the transportation necessary to continue to promptly execute daily work responsibilities and effectively meet the needs of the city.
Pursuant to Vernon Municipal Code Chapter 3.32, Section 3.32.110(A)(5), the purchase of the proposed vehicles is exempt from competitive bidding and competitive selection, as the purchase is through Sourcewell which offers participating agencies cooperative buying contracts. The quote secured for this purchase from the National Auto Fleet Group is based on a Sourcewell contract. It is to the advantage of the city to procure these vehicles from the selected vendor. The quote provided by the National Auto Fleet Group indicates cost savings of $1,000 based on the Manufacturer's Suggested Retail Price (MSRP).
Staff recommends approval of the purchase of five new 2022 Ford F-150 Lighting Pro 4WD SuperCrew Work Trucks through National Auto Fleet Group, for a total cost of $230,846.60.
As a contingency measure, staff is also seeking approval for the City Administrator to authorize individual comparable vehicle purchases from other vendors should the vehicles no longer be available through the National Auto Fleet Group. Given the current limited availability of vehicles, this would allow staff to make necessary vehicle purchases timely, as soon as suitable vehicles become available.
Fiscal Impact:
Funds up to $250,000 are available for the purchase of vehicles in the Capital Outlay Account of the Publics Works Department Building Maintenance Division and Street Operations Division for Fiscal Year 2022-2023.
Attachments:
1. National Auto Fleet Group - Ford F150 EV Quote
City Council Agenda Item Report
Submitted by: Lisette Grizzelle
Submitting Department: Human Resources
Meeting Date: August 2, 2022
SUBJECT
Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47
Recommendation:
Adopt Resolution No. 2022-30 approving the Memorandum of Understanding by and between the City of Vernon and the International Brotherhood of Electrical Workers, Local 47 (IBEW) for the period of July 1, 2022 through June 30, 2025.
Background:
The previous Memoranda of Understanding (MOUs) between the City of Vernon and the City's four bargaining groups expired June 30, 2022. Pursuant to City Council direction and authority, negotiations with all four bargaining groups began in April 2022. Labor negotiations with IBEW, representing electric operators, dispatchers, engineers, and a variety of technical staff in the Public Utilities Department, have been ongoing since then for a successor MOU.
On July 20, 2022, the parties reached a tentative agreement on a successor MOU which was then ratified by the IBEW membership on July 26, 2022.
It is recommended that City Council approve a successor MOU with IBEW for a three year term beginning July 1, 2022 through June 30, 2025 that reflects the following key provisions:
A 3% Cost of Living Adjustment (COLA) effective July 31, 2022, July 2, 2023, and July 14, 2024;
Increase Bilingual Pay from $125 per month to $275 per month effective July 31, 2022; Change in overtime/double time calculation;
Increase in In-Lieu Holiday time from 48 hrs. to 60 hrs.; Development of supervisory guidelines for remote work;
Prior City of Vernon service credit for current employees towards eligibility for retiree medical benefits and vacation accrual; and
Various minor language changes to update and or eliminate outdated or obsolete language that is either no longer in effect or required update to reflect current practices.
Changes from the previous MOU are redlined in the draft 2022-2025 MOU (Attachment 2).
Fiscal Impact:
The estimated fiscal impact of the 2022-2025 IBEW MOU is approximately $188,697.68 for Fiscal Year 2022-23. Sufficient funds are available in the salary and benefit accounts for the Public Utilities Department. Funding for future years will be included in future proposed budgets.
Attachments:
1. Resolution No. 2022-30
2. 2022-2025 IBEW MOU (Redline)
RESOLUTION NO. 2022-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON
APPROVING THE MEMORANDUM OF UNDERSTANDING BY AND
BETWEEN THE CITY OF VERNON AND THE INTERNATIONAL
BROTHERHOOD OF ELECTRICAL WORKERS LOCAL 47 FOR THE
PERIOD OF JULY 1, 2022 THROUGH JUNE 30, 2025
SECTION 1. Recitals.
A. The International Brotherhood of Electrical Workers Local 47 (IBEW) has been recognized as an employee organization pursuant to Resolution No. 4027.
B. On September 3, 2019, the City Council of the City of Vernon adopted Resolution No. 2019-37 approving a Memorandum of Understanding by and between the City and the IBEW for the period of July 1, 2019 through June 30, 2022.
C. The City and IBEW have concluded labor negotiations regarding wages, benefits and working conditions for the period of July 1, 2022 through June 30, 2025.
D. Representative members of the IBEW and the City have agreed to execute a Memorandum of Understanding (MOU) setting forth certain terms and conditions for employment of City of Vernon employees in classifications represented by IBEW, for the period of July 1, 2022 through June 30, 2025 (2022-2025 MOU).
E. The City Council desires to approve the 2022-2025 MOU.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS:
SECTION 2. The City Council of the City of Vernon hereby finds and determines that the above recitals are true and correct.
SECTION 3. The City Council of the City of Vernon hereby approves the Memorandum of Understanding between the City of Vernon and the International Brotherhood of Electrical Workers Local 47, in substantially the same form attached hereto as Exhibit A.
SECTION 4. The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever action is deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this Resolution and the transactions herein approved or authorized, including but not limited to, any nonsubstantive changes to the 2022-2025 MOU attached herein.
SECTION 5. The City Council of the City of Vernon hereby directs the City Clerk, Resolution No. 2022-30