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• AB 215 (Chiu) is an intent bill to strengthen HCD’s housing law enforcement authority.
• AB 244 (Rubio) requires TCAC, CDLAC, and the California Housing Finance Agency to conduct an affordable housing cost study across all state funded housing projects.
• AB 345 (Quirk Silva, Medina) clarifies rules around the selling of ADUs built by nonprofit organizations for low-income homeownership. Would allow ADUs built by nonprofits, like Habitat for Humanity, to be sold separate from the primary residence.
• AB 348 (Villapudua, Carillo, Mathis, Patterson, Salas, Jones) requires HCD to conduct an annual summary report that
discloses the amount of state, federal, and private funding spent on affordable housing development throughout the state. • AB 387 (Lee, Wicks) Establishes the California Housing Authority to develop affordable and mixed-income housing. • AB 561 (Ting, Bloom, Hertzberg, Boerner Horvath, Quirk-Silva) Requires the Office of the Treasurer to work with CalHFA and HCD to create an Accessory Dwelling Unit financing product to assist homeowners in the creation of ADUs.
• AB 571 (Mayes) prohibits affordable housing or inclusionary zoning fees on the bonus units of a project using the state density bonus.
• AB 602 (Grayson) is a spot bill on residential development impact fees.
• AB 617 (Davies) allows jurisdictions the option of paying other jurisdictions to transfer all or a portion of their Regional Housing Needs Assessment allocation.
• AB 672 (Garcia) is an intent bill to enable to use of underutilized golf courses for affordable housing.
• AB 678 (Grayson) is a spot bill on residential development impact fees.
• AB 682 (Bloom) requires cities to allow cohousing projects in areas zoned for multi-family residential.
• AB 816 (Chiu, Bloom, Bonta, Quirk-Silva, Santiago, Wicks) requires the creation of a statewide plan for addressing houselessness and allows for legal action against jurisdictions who do not make progress towards meeting the plan’s goals. • AB 834 (Choi) creates a tax credit for property owners renting to tenants receiving housing assistance.
• AB 880 (Aguiar-Curry) establishes the Affordable Disaster Housing Revolving Development and Acquisition Program
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within HCD to fund the creation and preservation of affordable housing in disaster areas.
• AB 916 (Salas) prohibits public hearings for proposed room additions for single family homes and expands allowable ADU height to 20 feet.
• AB 919 (Grayson) reduces the statute of limitations for construction defects from 10 to 5 years for projects that use a skilled and trained workforce.
• AB 946 (Lee) eliminates mortgage interest deduction on second homes and transfers resulting revenues to the Home Purchase Assistance Fund.
• AB 950 (Ward) authorizes the Department of Transportation to sell excess land to jurisdictions for the purpose of creating affordable housing.
• AB 978 (Quirk-Silva, Chiu, Garcia, Luz Rivas, Robert Rivas) extends rent cap and just cause eviction protections
established in the Tenant Protection Act of 2019 to mobile home residents.
• AB 1029 (Mullin, Caballero, Becker) adds housing preservation policies to HCD’s list of local prohousing policies.
• AB 1068 (Santiago) requires HCD to create a model plan for the use of alternative forms of housing, including modular housing, for the purpose of cost reduction.
• AB 1090 (Quirk-Silva, Caballero, Gabriel, Rivas, Salas, Wicks, Eggman) establishes the Legislative Task Force on the
California Master Plan on Homeownership which will submit a report to the legislature in October 2022.
• AB 1143 (Berman) and SB 649 (Cortese) allow jurisdictions to create local preference policies for affordable housing developments to local residents at risk of displacement. • AB 1188 (Wicks, Kalra, Wiener) requires cities to create and maintain a rental registry by 2021 covering all landlords who own or operate five or more units.
• AB 1277 (Rubio) creates an expedited judicial review process for CEQA for student housing project.
• AB 1372 (Muratsuchi) requires every jurisdiction to provide access to temporary shelter to every houseless individual. • AB 1377 (McCarty) creates the California Student Housing Revolving Loan Fund to provide loans for the purpose of constructing affordable student housing.
• AB 1401 (Friedman, Lee, Skinner, Wiener) prohibits parking minimums for residential or commercial projects near transit or within low vehicle miles traveled areas.

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• SB 490 (Caballero, Skinner, Garcia) establishes the Housing Acquisition and Rehabilitation Technical Assistance Program to provide technical assistance.

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AppendixG: Community Engagement Meeting
Minutes
The following list includes links to the minutes/recording from the following meetings that were held to provide input on the Housing Element and associated former Westside Specific Plan: • Westside Specific Plan Stakeholders Advisory Committee Meeting #1: February 2, 2021
• Westside Specific Plan Stakeholders Advisory Committee Meeting #2: February 16, 2021
• Westside Specific Plan Stakeholders Advisory Committee Meeting #3: February 23, 2021
• Westside Specific Plan Stakeholders Advisory Committee Meeting #4: August 18, 2021
• Westside Specific Plan Stakeholders Advisory Committee Meeting #5: September 28, 2021
• Housing Commission Meeting: December 8, 2021 • City Council Study Session: June 21, 2022 • Westside Specific Plan Stakeholders Advisory Committee Meeting #7: November 29, 2022
• Westside Specific Plan Stakeholders Advisory Committee Meeting #6: October 11, 2022
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Appendix H: Affirmatively Furthering Fair Housing
Assessment of Fair Housing
This portion of the Housing Needs Analysis is focused on assessing the state of fair housing in the City of Vernon, in keeping with AB 686. California jurisdictions are required to affirmatively further fair housing (AFFH) through meaningful actions “that, taken together, address significant disparities in housing needs and in access to opportunity for all groups protected by state and federal law by:
i. Replacing segregated living patterns with integrated and balanced living patterns
ii. Transforming racially and ethnically concentrated areas of poverty into areas of opportunity (without displacement)
iii. Fostering and maintaining compliance with civil rights and fair housing laws
iv. Note: meaningful actions include actions that will promote fair housing opportunities for low- and moderate-income tenants and tenants of affordable housing, including subsidized housing.” (Government Code 8899.50 (a)(1))
This analysis analyzes five housing issue areas:

1. Fair housing enforcement and outreach capacity

2. Segregation and integration

3. Racially or ethnically concentrated areas of poverty

4. Access to opportunity

5. Disproportionate housing needs within the jurisdiction, including displacement risk.

This AFFH analysis examines the City of Vernon as well as the Southeast Los Angeles Region. This region includes the following cities: Bell, Maywood, Huntington Park, South Gate, and the City of Los Angeles.

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Fair Housing Enforcement and Capacity
The City of Vernon works with the Housing Rights Center on the City’s Fair Housing Enforcement. Upon receipt of a fair housing complaint the City refers the complaint to the Housing Rights Center. The Housing Rights Center (HRC), founded in 1968, is the nation's largest non-profit civil rights organization dedicated to securing and promoting Fair Housing. The HRC’s mission is to actively support and promote freedom of residence through education, advocacy, and litigation, to the end that all persons have the opportunity to secure the housing they desire and can afford, without regard to their race, color, religion, gender, sexual orientation, national origin, familial status, marital status, disability, ancestry, age, source of income or other characteristics protected by law.

The HRC provides fair housing services to the City of Vernon, including tenant counseling, landlord counseling, outreach, education, and discrimination investigation. Historically, the majority of housing in the City of Vernon has been owned and well maintained well by the City, with the City acting as the landlord. The small amount of private housing is likely the reason for the small number of fair housing complaints in the City. According to HCD’s AFFH Data Viewer, there have been 0.21 fair housing inquiries per 1,000 people in the City of Vernon from 2013-2021. While historically there has been little private housing in Vernon, the amount of private housing units increased in 2015 with the opening of the Vernon Village Park Apartments. In addition, the number of private units in the City is expected to increase within the next eight years.

As the number of privately-owned housing units increases in Vernon, the City will take new actions to ensure fair housing enforcement and sufficient outreach capacity within the 6th cycle (Program #7: Equal Housing Opportunity Program). The City will publish on the City’s website clear information warning entities that would potentially discriminate about the enforcement of fair housing law. The City will ensure environmental hazards are not disproportionately concentrated in low-income communities of color. The City will explore offering training to property owners and managers regarding responsible management of environmental hazards. The City will assist in outreach to tenants to inform them of their rights to live in habitable housing regardless of income, race, or immigration status. Lastly, the City will develop a code enforcement program that holds property owners accountable, when necessary. Program 22 (Environmental Justice) includes commitments to address environmental concerns in the City.

Since Vernon’s population and the number of fair housing complaints are both so small there are no discernable patterns when it comes to the impacts on protected characteristics and geographic trends.

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There have been no recent findings, lawsuits, enforcement actions, settlements, or judgements related to fair housing or civil rights in the City of Vernon. This Housing Element is compliant with existing State fair housing laws and regulations.

Within the Southeast Los Angeles region, the frequency of fair housing complaints is much higher when compared to the frequency in Vernon. The City of Huntington Park experiences 59 fair housing inquiries per 1,000 people from 2013-2021. The City of Bell experiences 36 fair housing inquiries per 1,000 people from 2013-2021. The City of South Gate experiences 98 fair housing inquiries per 1,000 people from 2013-2021. The City of Commerce experiences 13 fair housing inquiries per 1,000 people from 2013-2021.

In order to obtain local knowledge related to housing in the City and corroborate the analysis included in this Element the City and consultant met with the City’s Housing Commission. Additionally, the City conducted outreach to fair housing organizations which service the City of Vernon. The consultant also reached out to the Vernon Village Park Apartments property manager to gain demographic data on residents. The City and consultant also met with City residents regarding the state of housing in the City of Vernon. Frequent discussions were also held with City Departments which oversee the management of City owned housing and are in constant communication with tenants. Through discussions residents and local leadership, the City identified the following fair housing issues: a lack of open spaces within the City and the location of some residences away from commercial amenities. Table H-2 (Contributing Factors and Meaningful Actions) identifies factors contributing to these two fair housing issues and specifies the meaningful actions this Element commits to in order to address these fair housing issues in the City of Vernon.

Segregation and Integration
According to HCD’s AFFH Guidance segregation “means a condition in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area when compared to a broader geographic status.” Integration means a condition in which there is not a concentration of any type of persons.

The 2020 Census data found that 43.7% of Vernon residents identify are some other race alone, 23.9% identify as White alone, 15.3% identify as two or more races, 9% identify as Black alone, 6.8% identify as Asian alone, and 1.4% identify as American Indian alone. This Census data takes into account the population of the Vernon Village Park Apartments. Clearly, no one race has a majority within the City of Vernon. However, when looking at the 2020 Census data for ethnicity, the Hispanic/Latino population in Vernon is dominant at 168 Resolution No. 2023-20

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residents of the total 222. This means 75.7% of the population is Hispanic/Latino in Vernon.

Based on HCD’s AFFH Data Viewer, the majority of Census tracts within the Southeast Los Angeles region feature a strong Hispanic/Latino majority (most surrounding cities have a Hispanic/Latino population of 95% or greater).

Directly surrounding the City of Vernon, the predominance of the Hispanic/Latino majority is strongest in comparison to the rest of Los Angeles County. As stated earlier, HCD’s AFFH Data Viewer found Vernon to be a White Majority Census tract, with 51.79% of the population being White. At the same time 2016-2020 ACS 5-Year Data identified 75.7% of the City’s population as Hispanic/Latino. Clearly, the City of Vernon does not have a Hispanic/Latino population of 95% or more like its surrounding cities in the region.

The reasons for this concentration of Hispanic/Latino families are many, and stem from historical and regional factors. While Vernon has been an almost exclusively industrial city since the 1920’s, other Southeast Los Angeles County cities were largely developed in the interwar years as a community for White, working-class families whose heads of household largely held blue- collar jobs in manufacturing and trade (sometimes in Vernon). Many of the cities in the Southeast Los Angeles region have long been disfavored for investment compared to wealthier communities with less exposure to industrial contaminants. Vernon especially has long been favored as an area for industrial investment. Figure H-1 shows that while Vernon was not redlined (or classified in any way by the Homeowners Loan Corporation (HOLC), the majority of cities in the Southeast Los Angeles region were classified as either Class D – “Hazardous” or Class C – “Definitely Declining” during the 1930’s.

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Figure H-1.

Redlining in Southeast Los Angeles.

In the decades following World War II, the White population, particularly those of means, began to decamp the Southeast Los Angeles area for Orange County and other more suburban jurisdictions. During the 1970s, a large, sustained wave of immigration from Latin America began and filled in the neighborhoods in central Los Angeles County that had been abandoned by the White population. More affluent cities and neighborhoods of the metropolitan area enacted stringent zoning regulations to stop population growth and severely curtail the opportunities for residents of Southeast Los Angeles to move into attainable housing in those jurisdictions. Thus, the population of Southeast Los Angeles has remained highly segregated to the present day.

Based on HUD’s Low to Moderate Income Population Block Group data from the AFFH Data Viewer, the one block group in the City of Vernon features a population that is 75% low- and moderate-income. This reveals that the City of Vernon’s population features a high concentration of low- and moderate- income households. Unfortunately, no more specific data exists in HCD’s AFFH Data Viewer to understand income in Vernon by neighborhood or area. The median household income in Vernon is $59,250 compared to $71,358 in Los Angeles County, according to 2016-2020 Five-Year ACS Data.

Based on the AFFH Data Viewer, within the Southeast Los Angeles region many cities feature similarly high concentrations of low- and moderate-income Resolution No. 2023-20

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households. All census tracts within Southeast Los Angeles feature at least 50% of households that are low- and moderate-income, with some tracts averaging out as high as 91%. In the neighboring cities of Bell, Maywood, and South Gate, the median household incomes were $47,740, $50,006, and $55,084 respectively. While the City of Vernon’s median household income is greater than the medians in the directly surrounding cities, Vernon’s median household income remains significantly lower than the median across Los Angeles County. Additionally, as one moves further Southeast towards Downey the median household income increases, ranging from under $55,000 to $125,000, according to 2015-2019 ACS 5-Year data.

According to 2015-2019 ACS 5-Year data, less than 10% of Vernon residents fall under the federal poverty line. Within the Southeast Los Angeles region, no cities have similarly low rates of poverty. Instead, cities surrounding Vernon feature poverty rates of 10% to over 40%. The largest concentration of poverty rates above 30% are located west of the City of Vernon, within the City of Los Angeles. To the south, in the cities of Downey, South Gate, and Lynwood the poverty rates are lower, ranging from under 10% to 30%.

Since there is only one Census tract in the City of Vernon, census data is not especially helpful in discerning spatial patterns of disabled residents. However, it stands to reason that disabled residents in Vernon are concentrated in the few locations within the City where housing is located. Based on 2015-2019 ACS 5-Year data from the AFFH Viewer, the City of Vernon’s population is approximately 13.3% disabled. Within the Southeast Los Angeles region, the percent of each city’s population with a disability remained low, ranging from 0% to 20%. Census tracts with higher percentages of disabled residents only existed to the North, in and around Downtown Los Angeles.

Family makeup, including married couples (with or without children), persons over the age of 18 living alone and female-headed households can provide insight into potential segregation issues in a community. In terms of family makeup, the City of Vernon is similar to the lower-income communities of Huntington Park, Maywood, and Bell while the City of Vernon differs from wealthier neighboring communities to the east like Downey, Pico Rivera, and Whittier.

Approximately 40% of Vernon’s adult population are living within married households. Within the region surrounding Vernon, the majority of the surrounding cities feature 20-40% of the adult population in married households. There are a few census tracts that are exceptions located in the City of Bell, South Gate, and Maywood. The regions to the east of Vernon include wealthier areas such as Downey, Pico Rivera, and Whittier. These three wealthier communities feature census tracts with higher rates of adults living in married households, ranging from 40-60%. Lower levels of married Resolution No. 2023-20

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households often correlate with lower-income communities and communities with lower levels of educational attainment.

Within the City of Vernon approximately 8 adult individuals live alone, which is a very small percentage of the City’s adult population. The regional areas with higher rates of adults who live alone include Downtown Los Angeles to the north of Vernon. The rest of the surrounding region features 20% or less of their adult population living alone.

The City of Vernon has approximately 20-40% of children living in female headed households. Higher rates of children living in female headed households are prevalent in the surrounding region, specifically to the west of Vernon within the City of Los Angeles along the 110 freeway. Elsewhere in the surrounding region the communities are split between communities with similar rates (20-40%) of children living in female headed households and communities with lower rates (under 20%) of children living in female headed households. Higher levels of female-headed households often correlate with lower-income communities and communities with lower levels of educational attainment.

Racially and Ethnically Concentrated Areas of Poverty
Racially and ethnically concentrated areas of poverty, also known as R/ECAPs, must meet the following definitions: 1) The area must have a non-White population of 50% or more and 2) The area must have 40% or more of the population living below the federal poverty line, or those where the poverty rate is three times the average poverty rate in the metropolitan area, whichever is less.

Based on HUD’s R/ECAP data from HCD’s AFFH Data Viewer Vernon’s Census tract does not qualify as a racially and ethnically concentrated area of poverty.

In the greater Southeast Los Angeles region a few tracts are identified as R/ECAPs, such as one tract in northeast Bell and two tracts in Southeast Huntington Park. Outside of the Southeast Los Angeles region, there are many tracts north of Vernon and west of Vernon that qualify as R/ECAPs. While Vernon and the Southeast Los Angeles region are racially and ethnically concentrated, clearly Census tracts within this region mainly do not feature concentrated poverty.

All residential buildings within the City are in good condition. Twenty four of the 26 city-owned residences have been recently renovated and the remaining two city-owned residences will be renovated within the sixth cycle planning period.

Additionally, the Vernon Village Park Apartments were recently completed in 2015 and are in good condition.

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Generally, to access to parks and open spaces residents must travel to the neighboring cities of Bell, Maywood, and Huntington Park. Through the Westside Mixed Use District Zoning Amendment, the City will evaluate the adding new privately funded open spaces to the City in areas where residential growth is encouraged. In terms of infrastructure, the entire City is well serviced, and no one census tract experiences a disadvantage in terms of access to utility infrastructure, such as water, sewage, gas, electrical, or telecommunication services.

There is one school within the City of Vernon, Vernon City Elementary, a kindergarten through seventh grade school within the Los Angeles Unified School District (LAUSD). Another kindergarten through sixth grade LAUSD elementary school is located just outside of Vernon, called Holmes Avenue Elementary. A second kindergarten through fifth grade LAUSD elementary school is located just outside of Vernon, in Huntington Park, called Pacific Boulevard Elementary. A third LAUSD elementary school is located just outside Vernon in Maywood, called Maywood Elementary. Many Vernon Village Park Apartment families send their children to Maywood Elementary. Vernon City Elementary is located directly across Vernon Avenue from Vernon City Hall, where all of the City-owned residences are located. This route from the City Hall residences to Vernon City Elementary would take 3 minutes walking and the distance from the Vernon Village Park Apartments to the school is approximately 3.4 miles. Maywood Elementary School is a nine-minute walk from the Vernon Village Park Apartments. Holmes Avenue Elementary and Pacifica Boulevard Elementary are located a bit further from the Vernon City Hall and Vernon Village Park Apartments.

The route between Vernon City Hall and Vernon City Elementary is a safe route to school, as it only requires crossing one street and is a three-minute walk at most. The route between the Vernon Village Park Apartments is not walkable, however, though it is accessible through two local Metro bus routes.

Within the 6th cycle planning period, Program 21 (Environmental Enhancements) will evaluate the feasibility of street improvements, such as complete streets interventions and truck restrictions on key residential corridors. These improvements could improve the pedestrian experience for residents and provide infrastructure improvements for multimodal transportation. Additionally, the Metro bus routes 60 and 251 run North to South through the City, along Santa Fe Avenue and Soto Street respectively.

These routes connect the City of Vernon to Lincoln Heights, Boyle Heights, South Gate, Lynwood, Downtown Los Angeles, and Compton. These routes connect Vernon residents with job centers outside of Vernon, as much as these routes connect regional residents to jobs within Vernon. Downtown Los Angeles is the largest regional hub for professional jobs, and Vernon is connected directly to Downtown through Metro’s 60 bus.

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According to the CalEnviroScreen 4.0 map, the City of Vernon experiences a pollution burden in the 98th percentile. This high pollution burden percentile is similar to burdens throughout the Southeast Los Angeles region. However, unlike some other Southeast Los Angeles cities, the City of Vernon houses many of the industrial uses within the region. Due to this concentration of industrial uses in Vernon, the City has historically been exclusively industrial, with very few residential uses. The pollution burden within the region lessens the further south one moves from Vernon; however, the burdens still remain highly elevated. No more specific information is available as the City of Vernon only features one census tract. See more detailed information on Vernon’s environmental constraints within Appendix B of this Element. Additionally, Program 22 (Environmental Justice) includes commitments to address environmental concerns in the City.

In the greater Southeast Los Angeles region a few tracts are identified as R/ECAPs, such as one tract in Northwest Bell, one tract in North Lynwood and two tracts in Southeast Huntington Park. Outside of the Southeast Los Angeles region, there are many tracts north of Vernon and west of Vernon that qualify as R/ECAPs. While Vernon and the Southeast Los Angeles region are racially and ethnically concentrated, clearly Census tracts within this region mainly do not feature concentrated poverty.

Based on the TCAC/HCD Opportunity Area Maps the City of Vernon Census tract does not qualify as a TCAC area of high segregation and poverty.

According to this measurement, the threshold for poverty is 30% of the population living below the poverty line and the location quotient is essentially a measure of the concentration of race in a small area compared to a county level. Within Southeast Los Angeles many Census tracts qualify as TCAC Areas of High Segregation and Poverty. These tracts within Southeast Los Angeles fall within the cities of Huntington Park, Bell, Cudahy, Maywood, and Bell Gardens.

Outside of the Southeast Los Angeles region, but surrounding the City of Vernon, many Census tracts to the North and West qualify as TCAC Areas of High Segregation and Poverty.

Racially concentrated areas of affluence are defined as Census tracts where:
1) 80% or more of the population is White and 2) the median household income is $125,000 or greater. No census tract in the Southeast Los Angeles region features a dominant White population and no census tract in the region features a median household income equal to or greater than $125,000.

Access to Opportunity
Access to opportunity is a concept to approximate place-based characteristics linked to critical life outcomes. Access to opportunity oftentimes means both improving the quality of life for residents of low-income communities, as well as supporting mobility and access to ‘high resource’ neighborhoods. This Resolution No. 2023-20

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encompasses education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and other opportunities including recreation, and food and healthy environment.

There is one school within the City of Vernon, Vernon City Elementary, a kindergarten through seventh grade school within the Los Angeles Unified School District (LAUSD). Another kindergarten through sixth grade LAUSD elementary school is located just outside of Vernon, called Holmes Avenue Elementary. A second kindergarten through fifth grade LAUSD elementary school is located just outside of Vernon, in Huntington Park, called Pacific Boulevard Elementary. The third elementary school is Maywood Elementary School, a LAUSD school. According to Great Schools, Vernon City Elementary is rated 6/10, which is average, Pacific Boulevard Elementary is rated 5/10, Maywood Elementary School is rated 6/10, and Holmes Avenue Elementary is rated 2/10 which is below average. In comparison to other schools within the region, the majority of which are also LAUSD schools, the school in Vernon is rated similarly to other schools in Southeast Los Angeles. There is no difference amongst schools in and around Vernon and there is no access to more proficient schools in any sort of pattern relating to protected characteristics.

Local students at the middle, high school and superior education levels must travel outside the City.

Outside of the Southeast Los Angeles region, to the west of Vernon there are more areas of segregation and racially and ethnically concentrated areas of poverty that correspond to lower quality LAUSD schools, the majority of which are rated either 2/10 or 3/10. The Holmes Avenue Elementary School is just west of Vernon’s border, thus falling into this area.

The City of Vernon is an employment center within Southeast Los Angeles for blue-collar jobs. The blue-collar jobs offered in Vernon are well matched to the population of the greater Southeast Los Angeles region, including residents of the City. A significant barrier to job accessibility within Vernon is access and ability to operate a motor vehicle, which affects persons with disabilities as well as other members of the community. While some jobs are close enough for Vernon residents to walk and most are within biking distance, the City’s streets are heavily traveled by trucks, most of the City’s streets feature large block sizes, and there is a lack of street trees. All of these factors create an environment that is inhospitable to non-motorized forms of transportation.

Vernon does have public transit options in the form of bus lines. The line along Santa Fe Avenue and Pacific Avenue (Route 60) is a high-frequency bus line which connects to Downtown Los Angeles (the closest major professional job center), providing greater accessibility options to residents of the Westside of the City, and connecting residents of Huntington Park and other communities southward to job opportunities in Vernon. The Westside Mixed Use District Zoning Amendment will concentrate growth in this area through new mixed- Resolution No. 2023-20

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use zoning standards. These new mixed-use zoning standards will be imposed on residential and mixed-use developers hoping to develop within the zoning amendment area. These mixed-use standards will require the creation of a more pedestrian friendly design and more retail within the zoning amendment area as mixed-use projects are developed.

Metro route 60 provides north-south service along Santa Fe Avenue at roughly 15-20 minute frequency. Metro provides north-south service on Soto Street with Route 251 with 15-20 minute frequencies. Bell is considered “Car Dependent”, scoring 44 of 100 by WalkScore.com. It is also considered “Somewhat Bikeable”, scoring 39 of 100. Street improvements, such as complete streets interventions and truck restrictions on key residential corridors, will be evaluated for feasibility during the sixth cycle through Program 21 (Environmental Enhancements).

Protected groups, such as those groups that are disadvantaged by race/ethnicity, familial status, persons with disabilities, or class/income, do not live anywhere specific within the City of Vernon, as all residents essentially live within two main locations, the City Hall residences of the Vernon Village Park Apartments. The Vernon Village Park Apartment residents are lower-income, and these residents live in the area of Vernon that is most proximate to amenities.

According to U.S. Census On Map Data, in Vernon, 59.6% of workers are Hispanic/Latino. By race, workers in Vernon are 77.6% are White, 13% are Asian, 5.3% Black, 2% two or more races, 1.7% American Indian, and 0.3% Native Hawaiian. The Hispanic majority in workers reflects the Southeast Los Angeles region’s population, indicating that Southeast Los Angeles residents do not face disproportionate issues securing jobs within Vernon.

The future Metro West Santa Ana Branch Line (which will service existing A Line Stations) will improve Vernon residents’ access to regional transit.

Residents will have access to north-south fixed rail service that will provide access to Artesia to the south and Downtown Los Angeles to the north, with connectivity to east-west rail service like the C Line in Paramount to the south and the L, B, D, and A Lines near Downtown Los Angeles.

Most protected groups who reside in the City have sufficient access to transportation options. One exception is disabled residents. While some disabled residents in Vernon are employed, many disabled residents are not employed. In some cases, these disabled residents are unable to work, but in others these residents may experience difficulty in accessing jobs. Generally, disabled residents have disproportionate transportation needs within the City of Vernon; however, the majority of disabled residents live with their families who are able to assist them in their transportation needs. Walking in Vernon can be challenging and generally not an enjoyable means of transportation due Resolution No. 2023-20

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to traffic congestion, lack of street trees and other reasons. The Westside Mixed Use District Zoning Amendment is anticipated to address the accessibility of walking along the Santa Fe Avenue corridor within the City though mixed-use zoning standards imposed upon residential and mixed-use developers.

A full explanation of the needs of disabled residents in Vernon is included in Appendix A of this Housing Element. However, a short summary is provided here. The most prevalent disabilities in Vernon are ambulatory, independent living, and cognitive respectively. These top disabilities are similar to those found in other cities throughout the Southeast Los Angeles region. Ambulatory disabilities are of particular concern in regard to access to opportunity, specifically to transportation, as previously noted.

Disability by age groups is as follows: 9 disabled residents aged 19-64 and 2 disabled residents aged 65 and up. There is no spatial concentration of disabled residents in any particular Census tract in Vernon.

Approximately half of Vernon’s housing stock was built after 1990, which is the year when many regulations went into place mandating the building and inclusion of accessible housing units. Therefore, approximately half of the residences in Vernon are accessible units for disabled residents.

Appendix A does include an assessment of accessibility of homelessness programs and the coordinated entry system. In each of these cases, the City of Vernon does have resources available.

The City of Vernon generally faces significant environmental challenges for housing. These are described in greater detail in Appendix B. Throughout the Southeast Los Angeles region, and specifically in Vernon, there are difficulties in accessing environmentally healthy neighborhoods for all class groups, not just protected class groups. However, residents still wish to live in Vernon and Southeast Los Angeles, so building codes are crafted to address adequate filtering and safety standards for residential developments. Additionally, the Westside Specific Plan proposes a standard of MERV 13 filters on all new residential development.

According to the CalEnviroScreen 4.0 map, the City of Vernon experiences a pollution burden in the 98th percentile. This high pollution burden percentile is similar to burdens throughout the Southeast Los Angeles region. The pollution burden lessens the further south one moves from Vernon; however, the burdens still remain highly elevated.

The City of Vernon does not have an Environmental Justice Element with which consistency needs to be evaluated. The City of Vernon’s 6th Cycle Housing Element does include Housing Element Program 6: Environmental Safety Resolution No. 2023-20

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Item 1 Page 163 of 171
Appendix
G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon- 140
Enforcement which will ensure that Vernon continues to improve the City’s access to environmentally healthy neighborhoods. Additionally, Program 22 (Environmental Justice) includes commitments to address environmental concerns in the City, including the creation of an Environmental Justice Element.

This Housing Element’s Site Inventory focuses growth in the best and more accessible area in regard to opportunity within the City, which is the southern portion of the City close to Huntington Park. This will be expanded upon in the Site Inventory portion of this AFFH section.

Disproportionate Housing Needs and Displacement Risk
Disproportionate housing needs refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing the category of housing need in the applicable geographic area. For purposes of this definition, categories of housing need are based on such factors as cost burden and severe cost burden, overcrowding, homelessness, and substandard housing conditions.

Only three units within the City or Vernon are privately owned, non-covenanted housing. The City of Vernon owns a large portion of housing within the City and rents these units at rates below what many other landlords charge, with moderated annual rent increases. Additionally, 45 housing units within the City are located within the Vernon Village Park Apartments, an affordable housing development that opened in 2015, which is not owned by the City. Residents within this complex only pay what they can towards rent and the rest of the rent is paid through project-based Section 8 vouchers.

Cost burden refers to the number of households for which housing cost burden is greater than 30% of their income. Severe cost burden refers to the number of households for which housing cost burden is greater than 50% of their income. According to overpayment data from the 2015-2019 ACS 5-Year Survey, as included in HCD’s AFFH Data Viewer, no homeowners within the City of Vernon are cost-burdened or severely cost burdened. The same data finds one renter household within Vernon cost burdened and two households are severely cost burdened. These shares of rent burdened households are significantly lower than those throughout the Southeast Los Angeles region.

Within the Southeast Los Angeles region, homeowners and renters alike are cost burdened and severely cost burdened at similar rates. Homeowners in Southeast Los Angeles experience a severe cost burden ranging from 40% to more than 80%. Renters in Southeast Los Angeles feature the same range of Resolution No. 2023-20

________________________ . . . .

Item 1 Page 164 of 171
Appendix
F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon- 143
severe cost burden. Outside of Southeast Los Angeles, the areas directly east and west of Vernon, such as the City of Los Angeles, East Los Angeles, and Montebello, feature severe cost burdens ranging from 60% to more than 80%.

The City of Vernon is largely except from the cost burden and severe cost burden faced by the rest of Southeast Los Angeles, due to the fact that only three units in Vernon are vulnerable to the market.

Overcrowding is defined as households having more than 1.01 to 1.5 persons per room. Severe overcrowding is defined as households having more than 1.51 persons per room. Overcrowding is not an issue in the City of Vernon; however, it is an issue within the Southeast Los Angeles region. According to the CHAS data from HCD’s AFFH Data Viewer, no households in Vernon are overcrowded and no households are severely overcrowded. Outside of Vernon within the Southeast Los Angeles region, the majority of Census tracts feature over 20% of households that are overcrowded and many households ranging from less than 5% severely overcrowded to over 65% severely overcrowded. The percentage of overcrowding decreases as one moves further Southeast within the region, towards Downey and Santa Fe Springs.

Substandard housing problems are as follows: 1) Lacking a complete kitchen, 2) lacking complete plumbing, 3) severe overcrowding, and 4) severe cost- burdening. According to ACS and CHAS data included in HCD’s AFFH Data Viewer, the majority of cities within the Southeast Los Angeles region feature 40 to 60% of households that have any of the four severe housing problems.

Thirteen percent of households in the City of Vernon feature any of the four severe housing problems. Severe housing problems are also less prominent to the southeast, beyond Lynwood, in the cities of Downey, Paramount, and Bellflower. In these cities, the percentage of households facing severe housing problems are 29.9%, 38.9%, and 35% respectively.

Homelessness is an issue in Southeast Los Angeles; however, it is not as big of an issue in comparison to communities to the North and East of Southeast Los Angeles. The City of Vernon has a homeless population of 9 people, all of which are unsheltered. Within the greater Southeast Los Angeles region, the cities with the largest homeless populations are in the cities of South Gate, Huntington Park, and Bell Gardens who have 340 people, 86 people, and 133 people who are experiencing homelessness respectively. These numbers are based on LAHSA’s 2022 Greater Homeless Count. Within Service Planning Area (SPA) 7, the total unhoused count in 2020 was 4,586.

The neighboring City of Bell has one of the largest homeless shelters in the region, the Bell Salvation Army Shelter which houses a large portion of unhoused people from through the South Los Angeles region. Most of the unhoused residents in the Southeast Los Angeles region are served by the Bell Salvation Army.

Resolution No. 2023-20

________________________ . . . .

Item 1 Page 165 of 171
Appendix
G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon- 142
According to data from U.C. Berkeley’s Urban Displacement Project, the City of Vernon does not feature a displacement risk. In this context, displacement is defined as any involuntary household move caused by landlord action or market changes. Displacement is not an issue in Vernon as only three housing units are private, meaning that only three households are vulnerable to the whim of the market and displacement pressures.

The greater Southeast Los Angeles region does feature displacement risk, ranging from early/ongoing gentrification, low-income/susceptible to displacement, ongoing displacement, advanced gentrification, and at risk or becoming exclusive. Those cities actively experiencing some level of gentrification are located closest to Vernon within the region and they include cities such as South Gate, Bell, Maywood, and Huntington Park. Within the region, in communities such as Lynwood, Bellflower, Downey, and Paramount, gentrification risk is lower, and communities are more stable moderate/mixed income and at risk of becoming exclusive.

Site Inventory
This Housing Element’s Site Inventory includes two sites, both of which are located within the southern portion of the Westside Mixed Use District Zoning Amendment area, along South Santa Fe Avenue. Due to the City of Vernon’s industrial nature, plentiful resources and services for residents do not exist within the City. Instead, residents head into surrounding cities such as Huntington Park, Maywood, and Bell. The positioning of the housing element sites within the southern portion of the City and Westside Mixed Use District Zoning Amendment area means these sites are located in close proximity to the better resourced community of Huntington Park. Pacific Boulevard within Huntington Park is a major commercial corridor in close proximity to the housing element sites, featuring medical services, restaurants, banks, grocery stores, retail stores, pharmacies, offices, and more. Additionally, the two sites will accommodate above moderate-income units and lower income units within the same area of the City, avoiding any segregation by income level. The lower income units which are anticipated to develop within the sixth planning cycle should not be concentrated where the rest of lower income units are situated, within the Vernon Village Park Apartments.

The location of the two sites within the Westside of the City situates them furthest away from the most heavily polluting uses in Vernon. The most heavily polluting uses in Vernon are located within the City’s rendering overlay zone along the Los Angeles River in the northeast portion of the City. See Appendix B (Housing Constraints) for a more detailed review of environmental constraints within the City of Vernon. Program 22 (Environmental Justice) includes commitments to address environmental concerns in the City.

Resolution No. 2023-20

________________________ . . . .

Item 1 Page 166 of 171
Appendix
F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon- 145
As mentioned previously, the future Metro West Santa Ana Branch Line will improve Vernon residents’ access to regional transit. Residents will have access to north-south fixed rail service that will provide access to Artesia to the south and Downtown Los Angeles to the north, with connectivity to east-west rail service like the C Line in Paramount to the south and the L, B, D, and A Lines near Downtown Los Angeles. This Housing Element’s Site 2 is approximately 0.68 miles from the Pacific/Randolph station, which is a future West Santa Ana Branch station. Site 1 is 0.88 miles from the future Pacific/Randolph station. The two sites are also located within 1.3 miles of the current Metro A Line Slauson station.

Resolution No. 2023-20

________________________ . . . .

Item 1 Page 167 of 171
Appendix
G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon- 144
Contributing Factors and Meaningful Actions
Figure H-2 describes the key fair housing issues and contributing factors identified in this Affirmatively Furthering Fair Housing analysis and relates the City’s meaningful actions and commitments described in the Goals and Policies, Sites Inventory (Appendix C) and Housing Programs Detail (Appendix E) of this Housing Element.

Resolution No. 2023-20

________________________ . . . .

Item 1 Page 168 of 171
Appendix
F: Summary of Recent Housing Legislation
Housing Element 2021 – 2029 | City of Vernon- 145
Contributing Factors and Meaningful Actions
Identified Fair
Housing Issue
Key Contributing
Factors
Priority Meaningful Action
Few fair housing
complaints and
limited local
familiarity with
fair housing law
Lack of history of
privately owned
rental units in City
Low
Program 7 (Equal Housing Opportunity) commits
the City to publish on the website clear
information warning entities that could potentially
discriminate; ensure that environmental hazards
are not disproportionately concentrated in low-
income communities of color; explore offering
training to property owners and managers
regarding responsible management of
environmental hazards; assist in outreach to
tenants to inform them of their rights to live in
habitable housing regardless of income, race or
immigration status; and develop a code
enforcement program that holds property owners
accountable when necessary.

Lack of access
to recreational
facilities in close
proximity to
residential areas
in Vernon.

The City of
Vernon’s past
exclusive industrial
strategy.

Medium
Program 8 (Westside Mixed Use District Zoning
Amendment) will require that new residential
developments incorporate on-site open space
and recreational amenities appropriate for the
target population.

Some
residences in
Vernon are not
located close to
commercial
amenities.

High parking
requirements for
commercial uses
and lack of
residential
population to
serve.

High
Both Housing Element sites are located in the
southern portion of the City and Westside Specific
Plan area. This area is in close proximity to the
highly resourced Huntington Park, where
residents will be able to access pharmacies,
restaurants, grocery stories, medical clinics,
offices, banks, and more. New residential
developments in Vernon will be located close to
highly resourced communities.

Program 8 (Westside Mixed Use District Zoning
Amendment) zones for additional retail and
commercial amenities to develop within the
westside of Vernon, where the two Housing
Element sites are located. Additionally, Program
8 should bring an influx of new residents into the
westside of Vernon, as new housing is developed.

Program 8 also plans to reduce parking
requirements for commercial uses in the westside
of Vernon.

Lack of access
to jobs and
education for
people with
disabilities and
people who do
not own cars
Urban form
Heavy trucking
Medium
Program 8 (Westside Mixed Use District Zoning
Amendment) will focus future housing growth in
areas of the community that are served by public
transit and/or facilities for non-motorized forms of
transportation. Additionally, the Westside Mixed
Use District Zoning Amendment is anticipated to
address the accessibility of walking along the
Santa Fe Avenue corridor within the City though
mixed-use zoning standards imposed upon
residential and mixed-use developers. Lastly,
through Program 21, Environmental
Enhancements, complete streets interventions
and truck restrictions on key residential corridors
will be explored.

Resolution No. 2023-20

________________________ . . . .

Item 1 Page 169 of 171
Appendix
G: Community Engagement Meeting Minutes
Housing Element 2021 – 2029 | City of Vernon- 146
Figure H-2
Contributing Factors and Meaningful Actions
Identified Fair
Housing Issue
Key Contributing
Factors
Priority Meaningful Action
Both Housing Element sites are located in the
southern portion of the City and Westside Specific
Plan area. This area is in close proximity to the
highly resourced Huntington Park, where
residents will be able to access pharmacies,
restaurants, grocery stories, medical clinics,
offices, banks, and more. Additionally, Program 8
should bring more retail uses into Vernon,
creating more job opportunities for residents.

High level of
pollution
burden and
health risks
Heavy trucking
Industrial facilities
Soil
contamination,
including
hazardous
materials release
sites.

Railroads
Waste facilities
High
The Housing Inventory Sites are located in one of
the least susceptible areas of the City to pollution
burden and health risks, are located downwind of
rendering plants, and have not been identified as
contaminated sites. Additionally, most of the
truck traffic originating in Vernon leaves from the
center of the City and heads north. Additional
housing within this sixth cycle inventory is set to
be built within the southern portion of the City, the
area of the City which less significantly less truck
traffic than other portions of Vernon.

Program 6 (Environmental Safety Enforcement)
commits the City to enforcing health and
environmental safety regulations on industrial
businesses through its Health Department.

Program 8 (Westside Mixed Use District Zoning
Amendment) will establish new requirements for
healthy residential buildings, such as high-
efficiency air filters and buffers from uses with
heavy industry or trucking.

Program 22 (Environmental Justice) commits the
City to preparing an Environmental Justice
Element of the General Plan. The City will
continue to coordinate with the Department of
Toxic Substance Control (DTSC) on cleanup
resulting from the Exide facility, among other
efforts.

Resolution No. 2023-20

________________________ . . . .

Item 1 Page 170 of 171

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LISA POPE

CITY OF VERNON CITY CLERK
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VERNON, CA 90058

HRG NOTICE OF HEARING
Notice of Public Hearing - Vernon General Plan - 2021-2029 Housing Element Update
08/24/2023
Notice Type:

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COPY OF NOTICE
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NOTICEOFCITYCOUNCILPUBLICHEARING
TheCityCounciloftheCityofVernonwillholda
publichearingatitsRegularMeetingon
September5,2023,at9:00a.m.(orassoon
thereafterasthemattercanbeheard)whichyou
mayattendatVernonCityHall,CityCouncil
Chamber,4305SantaFeAvenue,Vernon,CA
90058,to:

ConsideranamendmenttotheVernon
GeneralPlanandadoptionofaresolution
adoptingthe2021-2029HousingElement
Update,whichincludesanalysisofthe
community'shousingneeds,opportunities,
andconstraints,aswellaspoliciesand
programstofacilitatethepreservationand
developmentofhousinginthecommunity.

Allrelevantdocumentswillbeavailableforpublic
reviewontheCity'swebsiteoncetheagendafor
themeetingispostedorfromtheCityClerkat
[email protected](323)583-8811,
ext.546.Allinterestedpersonswillbegivenan
opportunitytocommentontheabove-referenced
itemsduringthepublichearing.Inaddition,
writtencommentorquestionsmaybesubmitted
priortothehearingassetforthbelow.Written
Testimonyorquestionsmustbereceivedpriorto
9:00a.m.onthedateofthehearing.

Pleasesendyourcommentsorquestionsto:

DanielWall,DirectorofPublicWorks
CityofVernon
4305SantaFeAvenue,Vernon,CA90058
(323)583-8811ext.305
Email:[email protected]
IfyouchallengetheCity'sactionoranyprovision
thereofincourt,youmaybelimitedtoraisingonly
thoseissuesyouorsomeoneelseraisedatthe
hearingdescribedinthisnoticeorinwritten
correspondencedeliveredtotheCityofVernon
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Thehearingmaybecontinued,adjourned,or
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placewithoutfurthernoticeofapublichearing.

LisaPope,CityClerk
Dated:August21,2023
Publish:August24,2023
8/24/23
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HUNTINGTONPARKBULLETIN
. . . .

Item 1 Page 171 of 171
City Council Agenda Report
Meeting Date: September 5, 2023
From: Lisa Pope, City Clerk
Department: City Clerk
Submitted by: Sandra Dolson, Administrative Secretary
Subject
Meeting Minutes
Recommendation
Approve the August 15, 2023 Regular City Council Meeting Minutes.

Background
Staff has prepared and submits the minutes for approval.

Fiscal Impact
There is no fiscal impact associated with this report.

Attachments

1. August 15, 2023 Regular City Council Meeting Minutes . . . .

Item 2 Page 1 of 6

MINUTES

VERNON CITY COUNCIL

REGULAR MEETING
TUESDAY, AUGUST 15, 2023
COUNCIL CHAMBER, 4305 SANTA FE AVENUE

CALL TO ORDER
Mayor Larios called the meeting to order at 9:01 a.m.

FLAG SALUTE
Mayor Larios led the Flag Salute.

ROLL CALL
PRESENT:

Crystal Larios, Mayor
Judith Merlo, Mayor Pro Tem
Melissa Ybarra, Council Member
Leticia Lopez, Council Member
Jesus Rivera, Council Member
STAFF PRESENT:

Angela Kimmey, Deputy City Administrator
Zaynah Moussa, City Attorney
Lisa Pope, City Clerk
Fredrick Agyin, Health and Environmental Control Director Michael Earl, Human Resources Director
Roberto Sousa, Police Chief
Dan Wall, Public Works Director
Todd Dusenberry, Public Utilities General Manager
Margie Otto, Public Utilities Assistant General Manager Richard Corbi, Public Utilities Planning and Analysis Manager

APPROVAL OF THE AGENDA
MOTION
Council Member Ybarra moved and Council Member Lopez seconded a motion to approve the agenda. The question was called and the motion carried unanimously.

PUBLIC COMMENT
None.
. . . .

Item 2 Page 2 of 6
Regular City Council Meeting Minutes Page 2 of 5
August 15, 2023

PRESENTATIONS

1. Proclamation Recognizing Oscar E. Zozaya
City Clerk Pope read the proclamation recognizing retired Police Officer Oscar E.

Zozaya.

2. Employee Service Pin Awards
Human Resources Director Earl announced the recipients of the July 2023 Employee Service Pin Awards.

CONSENT CALENDAR
MOTION
Council Member Lopez moved and Mayor Pro Tem Merlo seconded a motion to approve the Consent Calendar. The question was called and the motion carried unanimously.

The Consent Calendar consisted of the following items:

3. Meeting Minutes
Recommendation: Approve the August 1, 2023 Regular City Council Meeting Minutes.

4. Claims Against the City
Recommendation: Receive and file the claims submitted by Joel Aguilar in the amount of $756.01; and Aiman-Smith & Marcy on behalf of Cari McCormick, for an undetermined amount.

5. Operating Account Warrant Register
Recommendation: Approve Operating Account Warrant Register No. 114, for the period of July 9 through July 22, 2023, totaling $10,676,759.21 and consisting of ratification of electronic payments totaling $9,803,961.15 and ratification of the issuance of early checks totaling $872,798.06.

6. City Payroll Warrant Register
Recommendation: Approve City Payroll Warrant Register No. 806, for the period of July 1 through July 31, 2023, totaling $2,806,436 and consisting of ratification of direct deposits, checks and taxes totaling $1,817,583.16 and ratification of checks and electronic fund transfers (EFT) for payroll related disbursements totaling $988,852.84 paid through operating bank account.

7. Fire Department Activity Report
Recommendation: Receive and file the June 2023 Fire Department Activity Report.

8. Police Department Activity Report
Recommendation: Receive and file the June 2023 Police Department Activity Report.

9. 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.
. . . .

Item 2 Page 3 of 6
Regular City Council Meeting Minutes Page 3 of 5
August 15, 2023

10. Grant Deed Dedication in Fee a Portion of the Property Located at 3165 Slauson Avenue
Recommendation: A. Find that accepting the Grant Deed is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301(c) because if any construction occurs as a result of accepting and executing the Grant Deed, the project would involve negligible expansion of an existing street; and B. Adopt Resolution No. 2023-17 accepting the Grant Deed of a portion of the property located at 3165 Slauson Avenue – Assessor’s Parcel Number 6310-007-012.

11. Quitclaim Deed for Property Located at 5122 S. Atlantic Boulevard from Clear Channel Outdoor, LLC
Recommendation: A. Find that accepting the Quitclaim Deed is categorically exempt from California Environmental Quality Act (CEQA) review, in accordance with CEQA Guidelines Section 15301(c) because if any construction occurs as a result of accepting and executing the Quitclaim Deed, the project would involve negligible expansion of an existing street; and B. Adopt Resolution No. 2023-18 accepting the Quitclaim Deed for the property located at 5122 S. Atlantic Boulevard – Assessor’s Parcel Number 6314-003-001.

12. Services Agreements with A.M. Ortega Construction, Inc. and Energy Experts International, Inc. for Natural Gas Project Design, Construction and Repair Services
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 contracted services consist of the maintenance, repair or minor alteration of existing facilities and equipment and involve negligible or no expansion of an existing use; and B. Approve and authorize the City Administrator to execute two separate three-year Services Agreements for Natural Gas Project Design, Construction and Repair Services for which a combined amount of costs incurred shall not-to-exceed $690,000 over the term of the agreements, with: 1). A.M. Ortega Construction, Inc., in substantially the same form as submitted for a total amount not-to-exceed $690,000, for a three-year term; and 2). Energy Experts International, Inc., in substantially the same form as submitted, for a total amount not-to-exceed $690,000, for a three-year term.

13. Itron, Inc. Master Sales Agreement for Utility Meter Services Recommendation: Approve and authorize the City Administrator to execute a Master Sales Agreement with Itron Inc., in substantially the same form as submitted, for hardware, software, and maintenance services for utility service meters for a total amount not-to-exceed $148,770 for a three-year term.

14. Services Agreement with Jemmott Rollins Group, Inc for Vernon CommUNITY Fund Administrative Support
Recommendation: Approve and authorize the City Administrator to execute a Professional Services Agreement with Jemmott Rollins Group, Inc., in substantially the same form as submitted, for administrative support services for Vernon CommUNITY Fund grantmaking activities for a total amount not-to-exceed $198,000, for a three-year term ($66,000 annually).
. . . .

Item 2 Page 4 of 6
Regular City Council Meeting Minutes Page 4 of 5
August 15, 2023

15. Master Affiliation Services Agreement with Wellness and Equity Alliance (WEA) for Public Health Services
Recommendation: A. Pursuant to Vernon Municipal Code (VMC) Sections

3.32.110 (B)(2) and (B)(3), find that it is in the best interest of the City to award a services agreement directly to WEA without a competitive process; and B.

Authorize the City Administrator to execute the Master Affiliation Services Agreement with WEA, in substantially the same form as submitted, for public health services for a total amount not-to-exceed $567,000, for a one-year term.

NEW BUSINESS

16. Vernon Public Utilities Electric Cost of Service Analysis and Updated Energy Cost Adjustment Billing Factor
Public Utilities General Manager Dusenberry, Public Utilities Planning and Analysis Manager Corbi; and Tony Georgis, New Gen Strategies and Solutions, presented the staff report.

In response to Council questions, staff explained increased costs and the need to meet the coverage ratios requiring use of $18 million of the Expense Stabilization Fund.

MOTION
Council Member Lopez moved and Council Member Ybarra seconded a motion to adopt Resolution No. 2023-19 to update and implement an Energy Cost Adjustment Billing Factor procedure and computation method which establishes an Energy Cost Adjustment to be billed under all electrical rate schedules for energy transmitted, distributed, and supplied to the City of Vernon electric customers. The question was called and the motion carried unanimously.

ORAL REPORTS

17. City Administrator Reports on Activities and other Announcements.

Deputy City Administrator Kimmey announced the start of school for Vernon Elementary; new Principal, Ken Urbina; and Department of Toxic Substances Control Exide Technical Advisory Group meeting on August 16, from 5:30 p.m. – 7:30 p.m.

18. City Council Reports on Activities (including AB 1234), Announcements, or Directives to Staff.

Council Member Lopez reported on her attendance at the Independent Cities Association Summer Seminar, from July 27-30, 2023, with a fiscal impact of approximately $1,670.
. . . .

Item 2 Page 5 of 6
Regular City Council Meeting Minutes Page 5 of 5
August 15, 2023
RECESS
Mayor Larios recessed the meeting to Closed Session at 9:40 a.m.

Mayor Larios left the meeting at 9:40 a.m.

CLOSED SESSION

19. PUBLIC EMPLOYEE PERFORMANCE EVALUATION
Government Code Section 54957(b)(1)
Title: City Attorney

RECONVENE
At 10:51 a.m., Mayor Pro Tem Merlo adjourned Closed Session and reconvened the regular meeting, with all Council Members present except Mayor Larios.

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.

ADJOURNMENT
Mayor Pro Tem Merlo adjourned the meeting at 10:51 a.m. ______________________________
CRYSTAL LARIOS, Mayor
ATTEST:
____________________________
LISA POPE, City Clerk
(seal)
. . . .

Item 2 Page 6 of 6
City Council Agenda Report
Meeting Date: September 5, 2023
From: Lisa Pope, City Clerk
Department: City Clerk
Submitted by: Sandra Dolson, Administrative Secretary
Subject
Claims Against the City
Recommendation
Receive and file the claims submitted by Cesar Sanchez Sanchez in the amount of $1,137.91; Levin & Nalbandyan Trial Lawyers on behalf of Raul Mojarro, for an undetermined amount; and Square-H Brands, Inc., for $14,120.

Background
The City received the following Claims:

Date Received Name of Claimant Amount Demanded
July 31, 2023 Cesar Sanchez Sanchez $1,137.91
August 14, 2023 Raul Mojarro Undetermined
August 17, 2023 Square-H Brands, Inc. $14,120
Pursuant to Municipal Code Section 2.32.040, the above information is listed on the City Council Agenda as soon as filing of the claims with the City as practical.

Fiscal Impact
There is no fiscal impact associated with this report.

Attachments

1. July 31, 2023 Cesar Sanchez Sanchez

2. August 14, 2023 Raul Mojarro

3. August 17, 2023 Square-H Brands, Inc. . . . .

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CLAIM FOR DAMAGES RESERVE FOR FILING STAMP
TO PERSON OR PROPERTY CLAIM No.

INSTRUCTIONS

1. Claims for death, injury to person or to personal property must be filed not later than six (6) months after the occurrence. (Gov. Code Sec. 9112)

2. Claimsfor damages to real property must be filed not later than one (1) year ,a >'' `~ after the occurrence. (Gov. Code Sec.911.2)
~ `..~~ ~D

3. Read entire claim before filing.

4. See page 2 for diagram upon which to locate place of accident AUG Z 7 2023

5. This claim form must be signed on page 2 at bottom.

6. Attach separate sheets, if necessary, to give full details. SIGN EACH SHEET.

7. Claim must be filed with City Clerk. (Gov.Code Sec. 915x) CI I 1 C~.L~~h iS 0~1 ~C~
TO: CITY OF VERNON CITY COUNCIL
Name of Claimant ge o aimant natura person
Square-H Brands, Inc.

Home Address of Claimant City and State Home Telephone Number 2731 S Soto St. Vernon, CA 90058
Business Address of Claimant City and State Business Telephone Number 3615 E Vernon Ave Vernon, CA 90058 323-267-4600
Give address to which you desire notices or communications to be sent regarding this claim:
2731 S Soto St Vernon, CA 90058 (323) 267-4600 [email protected] How did DAMAGE or INJURY occur? Give full particulars.

City water began running as dark brown throughout the entire facility during sanitation. We were unable to clean the food plant properly and lost a full day of production. Some product was showered with the dirty water and had to be discarded.

When did DAMAGE or INJURY occur? Give full particulars, date, time of day, etc.:

Issue began approximately 11:30pm Wednesday 8/2/2023
Where did DAMAGE or INJURY occur? Describe fully, and locateon diagram on reverse side ofthissheet, where approximate, give street names and address and measurements from landmarks:
3615 E Vernon Ave. All water into facility was dark brown for several hours between 11:30pm and Gam the following day.

WhatparticularACTorOMISSION doyouclaimcausedthe injury ordamage? GivenamesofCityemployees, if any, causing the injury or damage, if known:

We were told by the city that damaged casing of a city well was the cause. City officials were on site promptly but unable to resolve the issue for several hours, despite purging hydrants in the street.

What DAMAGE or INJURIES do you claim resulted? Give full extent of injuries or damages claimed:
3,600 pounds of product discarded. 61 people sent away from work, paid four hours report time, 4 employees worked all night attempting to clean, but unable. Overtime worked to compensate for lost production time.

WhatAMOUNT do you claim of each item of injury ordamage as of date of presentation ofthis claim, giving basis of computation:

Total costs of $14,120 comprised of: $5,000 for product damage, $4,880 for four hours report time for 61 people at $20 per hour. $640 for 4 employees during incident. $3,600 of overtime pay to catch up from lost production day.

Give ESTIMATED AMOUNT as faras known you claim on account of each item of prospective injury or damage, giving basisof computation: . . . .

Item 3 Page 17 of 18
Were you insured at the time of the incident? If so, provide name of insurance company, policy numbers and amount of insurance payments received:

No Coverage.

Expenditures made on account of accident or Injury: (Date -Item) (Amount) See above.

Name and address of Witnesses, Doctors and Hospitals:

READCAREFULLY
For all accident claims place on following diagram names of streets, including North, East. South, and West: indicate place of accident by "X" and by showing house numbers or distances to street corners.

If City Vehicle was Involved, designate by letter "A" location of City vehicle when you first saw it, and by "6" location of yourself or your vehicle when you first saw City vehicle; location of City vehicle at time of accident by "A-1"and location of yourself or your vehicle at the time of accident by "8 1" and the point of Impact by "X." NOTE: If diagrams do not fit the situation, attach hereto a proper diagram signed by claimant.

FOR AUTOMOBILE ACCIDENTS

FOR OTHER ACCIDENTS
31D~1NALK
Gu~e
cure
PAR KVItAY
~ D EIMALK
declare, under penalty of per'ur ,that the fore oin , including an Typed/Printed Name: Signature of Claimant or person filing relationship to CI ant: ~~ Noah Haskell ~ A .~' / ~
attachments, is true and correct.
his/her behalf, giving Date:
8/16/2023
NOTE: ALL CLAIMANTS MAY BE REQUESTED TO BE EXAMINED AS TO THEIR CLAIM UNDER OATH. PRESENTATION OF A FALSE CLAIM IS A FELONY (CAL.

PEN. CODE SEC. 72). CLAIMS MUST BE FILED WITH CITY CLERK (GOV.CODE SEC.915a). STATE LAW PROVIDES THAT IF YOU ARE NOT NOTIFIED OF ANY ACTION BY THE CITY OF THIS CLAIM WITHIN 45 DAYS OF FILING THEN THE CLAIM IS DEEMED DENIED (SEE GOV. CODE SEC. 911.6 & 912.4) Rev. 8!4/16
. . . .

Item 3 Page 18 of 18
City Council Agenda Report
Meeting Date: September 5, 2023
From: Lisa Pope, City Clerk
Department: City Clerk
Submitted by: Sandra Dolson, Administrative Secretary
Subject
League of California Cities 2023 Annual Conference Voting Delegate and Alternate Recommendation
Appoint City Administrator Carlos Fandino as the voting delegate and Deputy City Administrator Angela Kimmey as the alternate to represent the City of Vernon at the General Assembly, scheduled for September 22, 2023 during the League of California Cities Annual Conference and Expo.

Background
The League of California Cities (Cal Cities) assists its member California cities defend and expand local control through advocacy efforts and provides education and training programs designed to teach city officials about new developments in their field and exchange solutions to common challenges facing cities. Each year, Cal Cities hosts a Conference and Expo featuring a variety of speakers and timely presentations on key topics and opportunities for peer-to-peer sharing with other California city officials. During the Conference, Cal Cities convenes a memberdriven General Assembly and Resolutions process, providing for member engagement on a range of significant policy issues to protect local control.

In order to vote at the Annual General Assembly, Cal Cities requires City Council action designating a voting delegate and up to two alternate voting delegates. Cal Cities must be notified of the City's representatives by August 28, 2023; however, authorization for late submission was authorized on August 23, 2023.

Since no Council Members are attending the Conference, Staff recommends the Council consider the appointment of City Administrator Carlos Fandino as the Voting Delegate and Deputy City Administrator Angela Kimmey as the Alternate.

Fiscal Impact
There is no fiscal impact associated with this report.

Attachments

1. League of California Cities Designation of Voting Delegate and Alternate . . . .

Item 4 Page 1 of 6
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Expo, Sept. 20 -22, 2023,
Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities convenes a member-driven General Assembly at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy. Taking place on Sept. 22, the General Assembly is comprised of voting delegates appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the General Assembly, your city must designate a voting delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached
voting delegate form and email it to Cal Cities office
no later than Monday, August 28.

New this year, we will host a pre
-conference information session for voting delegates to explain their role. Submitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023
. . . .

Item 4 Page 2 of 6
Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments: • General Assembly Voting Guidelines • Voting Delegate/Alternate Form • Information Sheet: Cal Cities Resolutions and the General Assembly . . . .

Item 4 Page 3 of 6
1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.
. . . .

Item 4 Page 4 of 6
CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature) Please complete and email this form to [email protected] by Monday, August 28, 2023. . . . .

Item 4 Page 5 of 6
Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional
division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every
member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on
bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved
1 by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.
2 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f). . . . .

Item 4 Page 6 of 6
City Council Agenda Report
Meeting Date: September 5, 2023
From: Scott Williams, Director of Finance
Department: Finance
Submitted by: Efren Peregrina Renteria, Finance Specialist Subject
Operating Account Warrant Register
Recommendation
Approve Operating Account Warrant Register No. 115, for the period of July 23 through August 5, 2023, totaling $15,864,754.59 and consisting of ratification of electronic payments totaling $15,380,249.02 and ratification of the issuance of early checks totaling $484,505.57.

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. 115 covering claims and demands presented during the period of July 23 through August 5, 2023, 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. 115, totals $15,864,754.59. 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. 115.

Attachments

1. Operating Account Warrant Register No. 115 . . . .

Item 5 Page 1 of 41

OPERATING ACCOUNT WARRANT REGISTER
City of VernonNo. 115I hereby Certify: that claims or demands covered by the This is to certify that the claims or demandsabove listed warrants have been audited as to accuracy covered by the above listed warrants have beenand availability of funds for payments thereof; and that audited by the City Council of the City of Vernonsaid claims or demands are accurate and that funds are and that all of said warrants are approved for payavailable for payments thereof. ments except Warrant Numbers:Scott A. Williams DATEDirector of Finance / City Treasurer DATE
Date:

8/28/2023
. . . .

Item 5 Page 2 of 41
484,505.57
7/27/2023 15,297.60
Invoice Description Account PO or Contract Line Item Amount 062723 CUSTOMER INCENTIVE PROGRAM 055-050-595-529702 15,297.60 Invoice Total: 15,297.60
7/27/2023 1,684.16
Invoice Description Account PO or Contract Line Item Amount 19474749 SERVICE CHARGES BAN 9391053029 011-010-110-526010 20230186 1,369.71 Invoice Total: 1,369.71
3144292979 ACCT NO. 8002-996-5433 11/19-12/18/23 011-010-110-526010 IT-0128 314.45 Invoice Total: 314.45
7/27/2023 314.45
Invoice Description Account PO or Contract Line Item Amount 3145229217 ACCT NO. 8002-996-5433 12/19-01/18/23 011-010-110-526010 IT-0128 314.45 Invoice Total: 314.45
7/27/2023 314.45
Invoice Description Account PO or Contract Line Item Amount 3143362950 ACCT NO. 8002-996-5433 10/19-11/18/23 011-010-110-526010 IT-0128 314.45 Invoice Total: 314.45
7/27/2023 8,406.00
Invoice Description Account PO or Contract Line Item Amount 5897 REFUND FOR PUBLIC HEALTH PERMIT

OVERPAYMENT
011-410-000-410260 8,406.00
Invoice Total: 8,406.00
VENDOR - 1948 - AT&T PAYMENT # 611437VENDOR - 1948 - AT&T PAYMENT # 611438VENDOR - 1654 - BANDINI TRUCK STOP CENTER, INC PAYMENT # 611439

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
EARLY CHECKS TOTAL:

VENDOR - 6689 - ARCTIC GLACIER ICE PAYMENT # 611435VENDOR - 1948 - AT&T PAYMENT # 611436

. . . .

Item 5 Page 3 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/27/2023 111.16
Invoice Description Account PO or Contract Line Item Amount 38962307250935
VEHICLE BATTERY 011-040-420-522000 240021 111.16
Invoice Total: 111.16
7/27/2023 465.32
Invoice Description Account PO or Contract Line Item Amount 29930 AUTO PARTS 011-040-420-522000 240016 135.74
Invoice Total: 135.74
30047 AUTO PARTS 011-040-420-522000 240016 103.21
Invoice Total: 103.21
30078 AUTO PARTS 011-040-420-522000 240016 226.37
Invoice Total: 226.37
7/27/2023 3,164.06
Invoice Description Account PO or Contract Line Item Amount 21482 SECURITY GATE AND DOOR SERVICE 011-040-415-529000 CS-1472 3,164.06 Invoice Total: 3,164.06
7/27/2023 140.00
Invoice Description Account PO or Contract Line Item Amount 648836 CYLINDER REFILLS 055-050-586-522000- 230050 140.00 Invoice Total: 140.00
7/27/2023 658.39
Invoice Description Account PO or Contract Line Item Amount VENDOR - 4448 - BATTERY SYSTEMS, INC PAYMENT # 611440VENDOR - 4163 - CENTRAL FORD AUTOMOTIVE, INC. PAYMENT # 611441VENDOR - 331 - COMMERCIAL DOOR OF LOS ANGELES PAYMENT # 611442VENDOR - 310 - CRAIG WELDING SUPPLY, CO PAYMENT # 611443VENDOR - 1336 - CURRENT WHOLESALE ELECTRIC PAYMENT # 611444279311 SUPPLIES 011-040-415-522000 230026 26.33

. . . .

Item 5 Page 4 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Total: 26.33
279522 SUPPLIES 011-040-415-522000 230026 632.06
Invoice Total: 632.06
7/27/2023 327.27
Invoice Description Account PO or Contract Line Item Amount 111957137 AUTO PARTS 011-040-420-522000 240012 16.14
Invoice Total: 16.14
125420677 AUTO PARTS 011-040-420-522000 240012 311.13
Invoice Total: 311.13
7/27/2023 5,778.75
Invoice Description Account PO or Contract Line Item Amount 180653 SUSTAINABILITY PLAN UPDATE 055-050-580-529215 HD-0052 5,778.75 Invoice Total: 5,778.75
7/27/2023 654.81
Invoice Description Account PO or Contract Line Item Amount 9559408290 PARTS & SUPPLIES 055-050-555-522000 230056 (88.36) Invoice Total: (88.36)
9730993335 PARTS & SUPPLIES 056-060-600-522000 230075 119.69 Invoice Total: 119.69
9733774112 PARTS & SUPPLIES 056-060-600-522000 230075 250.80 Invoice Total: 250.80
9733774120 SUPPLIES 056-060-600-522000 230075 59.16
Invoice Total: 59.16
9737013293 MARKING PAINT 056-060-600-522000 230075 313.52 Invoice Total: 313.52
VENDOR - 6696 - ELLIOTT AUTO SUPPLY CO, INC PAYMENT # 611445VENDOR - 7469 - ENVIRONMENTAL SCIENCE PAYMENT # 611446VENDOR - 1712 - GRAINGER, CO PAYMENT # 611447

. . . .

Item 5 Page 5 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/27/2023 482.96
Invoice Description Account PO or Contract Line Item Amount 1125544 REPAIRS & MAINTENANCE 056-060-600-529000 230076 482.96 Invoice Total: 482.96
7/27/2023 7,800.00
Invoice Description Account PO or Contract Line Item Amount 2713 GATE OPERATOR INSTALLATION 011-040-415-660000 20230246 3,000.00 Invoice Total: 3,000.00
2714 GATE OPERATOR INSTALLATION 011-040-410-660000 20230246 4,800.00 Invoice Total: 4,800.00
7/27/2023 750.00
Invoice Description Account PO or Contract Line Item Amount 1289 MEMBERSHIP DUES FY 23/24 011-010-105-529550 750.00 Invoice Total: 750.00
7/27/2023 654.05
Invoice Description Account PO or Contract Line Item Amount 89057 PLAN CHECK SERVICES 011-040-405-529225 CS-1442 534.05 Invoice Total: 534.05
89060 PLAN CHECK SERVICES 011-040-405-529225 CS-1442 120.00 Invoice Total: 120.00
7/27/2023 5,333.80
Invoice Description Account PO or Contract Line Item Amount 202546561 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 384.27 Invoice Total: 384.27
202560033 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 416.12VENDOR - 4222 - HEATH CONSULTANTS INCORPORATED PAYMENT # 611448VENDOR - 7606 - HEAVENLY GARAGE DOOR & GATES PAYMENT # 611449VENDOR - 212 - INDEPENDENT CITIES ASSOCIATION PAYMENT # 611450VENDOR - 4143 - INTERWEST CONSULTING GROUP, INC PAYMENT # 611451VENDOR - 829 - IRON MOUNTAIN, INC PAYMENT # 611452

. . . .

Item 5 Page 6 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Total: 416.12
202580442 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 354.11 Invoice Total: 354.11
202600508 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 354.11 Invoice Total: 354.11
202617222 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 416.12 Invoice Total: 416.12
202625833 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 354.11 Invoice Total: 354.11
202648157 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 354.11 Invoice Total: 354.11
202656863 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 416.12 Invoice Total: 416.12
202670040 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 441.24 Invoice Total: 441.24
202687508 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 441.24 Invoice Total: 441.24
202699703 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 519.77 Invoice Total: 519.77
202705256 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 441.24 Invoice Total: 441.24
202723590 OFFSITE BACKUP TAPE STORAGE 011-010-110-526010 20240021 441.24 Invoice Total: 441.24
7/27/2023 41,722.67
Invoice Description Account PO or Contract Line Item Amount 053123 PP DEMOLITION & SITE IMPROVEMENTS 058-070-700-660000 LP-0737 41,722.67 Invoice Total: 41,722.67
VENDOR - 7444 - J.D.M.L., INC PAYMENT # 611453

. . . .

Item 5 Page 7 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/27/2023 1,280.00
Invoice Description Account PO or Contract Line Item Amount 2718 SEWC ADMIN SERVICES - 06/23 095-095-905-705000- 1,280.00 Invoice Total: 1,280.00
7/27/2023 2,133.99
Invoice Description Account PO or Contract Line Item Amount 63945 MIST FAN MOTOR 055-050-586-529000- 230405 130.1563945 MIST FAN MOTOR 055-050-586-529000- 230405 1,757.2963945 MIST FAN MOTOR 055-050-586-529000- 230405 197.6863945 MIST FAN MOTOR 055-050-586-529000- 230405 48.87 Invoice Total: 2,133.99
7/27/2023 565.43
Invoice Description Account PO or Contract Line Item Amount 194993 AUTO PARTS 011-040-420-522000 240014 158.72
Invoice Total: 158.72
195050 AUTO PARTS 011-040-420-522000 240014 110.53
Invoice Total: 110.53
195653 AUTO PARTS 011-040-420-522000 240014 68.38
Invoice Total: 68.38
195657 AUTO PARTS 011-040-420-522000 240014 227.80
Invoice Total: 227.80
7/27/2023 1,613.04
Invoice Description Account PO or Contract Line Item Amount 071923 RETIREE HEALTH INSURANCE
REIMBURESMENT Q2 - 2023
011-010-120-513035 1,613.04
Invoice Total: 1,613.04
VENDOR - 971 - KEVIN J SALES PAYMENT # 611454VENDOR - 2361 - LITTLEJOHN REULAND CORP PAYMENT # 611455VENDOR - 309 - NAPA AUTO PARTS PAYMENT # 611456VENDOR - 1148 - NORMAN SUTHERLIN PAYMENT # 611457

. . . .

Item 5 Page 8 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/27/2023 326.09
Invoice Description Account PO or Contract Line Item Amount 3049475134 AUTO PARTS 011-040-420-522000 240015 71.08
Invoice Total: 71.08
3049475177 AUTO PARTS 011-040-420-522000 240015 30.23
Invoice Total: 30.23
3049475906 AUTO PARTS 011-040-420-522000 240015 224.78
Invoice Total: 224.78
7/27/2023 115.00
Invoice Description Account PO or Contract Line Item Amount 8206 TIRE REPAIR 011-040-420-529000 240013 115.00
Invoice Total: 115.00
7/27/2023 102.58
Invoice Description Account PO or Contract Line Item Amount 39700 MATERIALS 058-070-700-522000 230046 42.61
Invoice Total: 42.61
39797 MATERIALS 058-070-700-522000 230046 29.38
Invoice Total: 29.38
39828 MATERIALS 058-070-700-522000 230046 30.59
Invoice Total: 30.59
7/27/2023 26,967.75
Invoice Description Account PO or Contract Line Item Amount 062723 CUSTOMER INCENTIVE PROGRAM 055-050-595-529702 26,967.75 Invoice Total: 26,967.75
VENDOR - 5934 - O'REILLY AUTO ENTERPRISES, LLC PAYMENT # 611458VENDOR - 3908 - RAFAEL A. LOPEZ PAYMENT # 611459VENDOR - 1845 - SECURITY PAVING COMPANY, INC PAYMENT # 611460VENDOR - 4905 - STERIGENICS PAYMENT # 611461

. . . .

Item 5 Page 9 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/27/2023 62.03
Invoice Description Account PO or Contract Line Item Amount INV59907 PARTS & SUPPLIES 055-050-586-529000- 230406 62.03 Invoice Total: 62.03
7/27/2023 5,000.00
Invoice Description Account PO or Contract Line Item Amount 1924 PROVIDE COPYWRITING & CONTENT

SERVICES
055-050-580-529215 20230197 5,000.00
Invoice Total: 5,000.00
7/27/2023 165.00
Invoice Description Account PO or Contract Line Item Amount 434955706 PEST CONTROL SERVICES 011-040-415-529000 CS-1408 74.00 Invoice Total: 74.00
434955791 PEST CONTROL SERVICES 011-040-415-529000 CS-1408 91.00 Invoice Total: 91.00
7/27/2023 17,639.76
Invoice Description Account PO or Contract Line Item Amount 351236 WELDING SERVICES 055-050-586-529000- 20230212 3,144.36 Invoice Total: 3,144.36
351237 VALVE REPLACEMENT 055-050-586-529000- 20230212 11,737.74 Invoice Total: 11,737.74
351238 VALVE REPLACEMENT 055-050-586-529000- 20230212 1,666.00 Invoice Total: 1,666.00
351256 VALVE REPLACEMENT 055-050-586-529000- LP-0777 1,091.66 Invoice Total: 1,091.66
VENDOR - 7406 - SUNSET INDUSTRIAL PARTS, INC PAYMENT # 611462VENDOR - 7566 - THE GLUE, LLC PAYMENT # 611463VENDOR - 6985 - THE TERMINIX INTERNATIONAL PAYMENT # 611464VENDOR - 7275 - TOTAL-WESTERN, INC PAYMENT # 611465

. . . .

Item 5 Page 10 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/27/2023 686.25
Invoice Description Account PO or Contract Line Item Amount 1398580 ODOR STUDY 011-020-200-529225 20230076 686.25
Invoice Total: 686.25
7/27/2023 224.89
Invoice Description Account PO or Contract Line Item Amount 071323 RETIREE HEALTH INSURANCE
REIMBURESMENT Q2 - 2023
011-010-120-513035 224.89
Invoice Total: 224.89
7/27/2023 3,300.00
Invoice Description Account PO or Contract Line Item Amount 072023 RETIREE HEALTH INSURANCE
REIMBURESMENT Q2 - 2023
011-010-120-513035 3,300.00
Invoice Total: 3,300.00
7/27/2023 6,067.00
Invoice Description Account PO or Contract Line Item Amount 490192 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 2,305.00 Invoice Total: 2,305.00
495531 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 1,614.00 Invoice Total: 1,614.00
500109 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 1,031.00 Invoice Total: 1,031.00
536320 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 799.00 Invoice Total: 799.00
540939 MASTER SERVICE AND CONSULTING 011-010-110-529110 IT-0184 318.00 Invoice Total: 318.00
VENDOR - 6997 - TRINITY CONSULTANTS, INC PAYMENT # 611466VENDOR - 1799 - VICTOR VASQUEZ PAYMENT # 611467VENDOR - 892 - WILLIAM FOLTZ JR PAYMENT # 611468VENDOR - 7366 - WOOD SMITH HENNING & BERMAN LLP PAYMENT # 611469

. . . .

Item 5 Page 11 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/27/2023 4,666.48
Invoice Description Account PO or Contract Line Item Amount 3611066 MANAGED PRINT SERVICES 011-010-110-529110 IT-0141 2,333.24 Invoice Total: 2,333.24
4363794 MANAGED PRINT SERVICES 011-010-110-529110 IT-0141 2,333.24 Invoice Total: 2,333.24
8/3/2023 299.00
Invoice Description Account PO or Contract Line Item Amount 073123 DEPOSIT DJ SERVICE 2023 EMPLOYEE

RECOGNITION EVENT
011-010-120-529690 20240061 299.00
Invoice Total: 299.00
8/3/2023 97.50
Invoice Description Account PO or Contract Line Item Amount 072723 TRAINING: BICYCLE PATROL 011-030-300-529500 97.50 Invoice Total: 97.50
8/3/2023 1,686.71
Invoice Description Account PO or Contract Line Item Amount 19620598 SERVICE ACCOUNT BAN 9391053026 011-010-110-526010 20230186 48.98 Invoice Total: 48.98
19620601 SERVICE ACCOUNT BAN 19620601 011-010-110-526010 20230186 1,394.10 Invoice Total: 1,394.10
19621033 SERVICE ACCOUNT BAN 9391060354 011-010-110-526010 20230186 219.14 Invoice Total: 219.14
19661902 SERVICE ACCOUNT BAN 9391053440 011-010-110-526010 20230186 24.49 Invoice Total: 24.49
VENDOR - 743 - XEROX CORPORATION PAYMENT # 611470VENDOR - 7481 - ALEJANDRO CERVANTES PAYMENT # 611471VENDOR - 6695 - ALFONSO MADRIGAL PAYMENT # 611472VENDOR - 1948 - AT&T PAYMENT # 611473

. . . .

Item 5 Page 12 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
8/3/2023 1,962.40
Invoice Description Account PO or Contract Line Item Amount 3708018705 ACCOUNT NO. 831-000-9006 723 011-010-110-526010 20230186 1,962.40 Invoice Total: 1,962.40
8/3/2023 440.00
Invoice Description Account PO or Contract Line Item Amount 206096 BACKFLOW VALVE INSPECTION 055-050-586-520230- 20230107 440.00 Invoice Total: 440.00
8/3/2023 291.94
Invoice Description Account PO or Contract Line Item Amount 38962306050912
BATTERIES 011-040-420-522000 230012 291.94
Invoice Total: 291.94
8/3/2023 530.57
Invoice Description Account PO or Contract Line Item Amount 080123 MEDICAL REIMBURSEMENT 011-010-120-513035 530.57
Invoice Total: 530.57
8/3/2023 6,029.50
Invoice Description Account PO or Contract Line Item Amount 304667 LEGAL SERVICES 011-010-115-529200 LD-0044-1 2,533.50 Invoice Total: 2,533.50
304668 LEGAL SERVICES 011-010-115-529200 LD-0044-1 3,394.00 Invoice Total: 3,394.00
VENDOR - 1948 - AT&T PAYMENT # 611474VENDOR - 294 - BACKFLOW APPARATUS & VALVE CO PAYMENT # 611475VENDOR - 4448 - BATTERY SYSTEMS, INC PAYMENT # 611476VENDOR - 813 - BRUCE V MALKENHORST, SR PAYMENT # 611477VENDOR - 5078 - BURKE, WILLIAMS & SORENSEN, LLP PAYMENT # 611478304669 LEGAL SERVICES 011-010-115-529200 LD-0044-1 102.00

. . . .

Item 5 Page 13 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Total: 102.00
8/3/2023 311.50
Invoice Description Account PO or Contract Line Item Amount 93032 AUTO PARTS 011-040-420-522000 240009 311.50
Invoice Total: 311.50
8/3/2023 1,667.88
Invoice Description Account PO or Contract Line Item Amount 30230 AUTO PARTS 011-040-420-522000 240016 706.42
Invoice Total: 706.42
30386 AUTO PARTS 011-040-420-522000 240016 175.17
Invoice Total: 175.17
30403 AUTO PARTS 011-040-420-522000 240016 706.42
Invoice Total: 706.42
30612 AUTO PARTS 011-040-420-522000 240016 79.87
Invoice Total: 79.87
8/3/2023 27,162.29
Invoice Description Account PO or Contract Line Item Amount 105655CS STREET SWEEPING SERVICES 03/23 011-040-430-529000 CS-1434 27,162.29 Invoice Total: 27,162.29
8/3/2023 169.79
Invoice Description Account PO or Contract Line Item Amount 648961 WELDING SUPPLIES 011-040-435-522000 240091 169.79 Invoice Total: 169.79
8/3/2023 1,016.14
VENDOR - 818 - CAMINO REAL CHEVROLET PAYMENT # 611479VENDOR - 4163 - CENTRAL FORD AUTOMOTIVE, INC. PAYMENT # 611480VENDOR - 4860 - CLEANSTREET, LLC PAYMENT # 611482VENDOR - 310 - CRAIG WELDING SUPPLY, CO PAYMENT # 611483VENDOR - 6696 - ELLIOTT AUTO SUPPLY CO, INC PAYMENT # 611484

. . . .

Item 5 Page 14 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Description Account PO or Contract Line Item Amount 109884070 AUTO PARTS 011-040-420-522000 240012 6.80
Invoice Total: 6.80
125425898 AUTO PARTS 011-040-420-522000 240012 883.65
Invoice Total: 883.65
125426025 AUTO PARTS 011-040-420-522000 240012 125.69
Invoice Total: 125.69
8/3/2023 773.35
Invoice Description Account PO or Contract Line Item Amount 51948 REPAIR SPRAYER 011-040-420-522000 240115 460.8551948 REPAIR SPRAYER 011-040-420-529000 240115 312.50 Invoice Total: 773.35
8/3/2023 7,423.60
Invoice Description Account PO or Contract Line Item Amount V2724575 PROOF POINT SOFTWARE 011-010-110-529110 230419 7,423.60 Invoice Total: 7,423.60
8/3/2023 1,483.38
Invoice Description Account PO or Contract Line Item Amount 072723 GARNISHMENT 011-000-000-210260 1,483.38
Invoice Total: 1,483.38
8/3/2023 750.50
Invoice Description Account PO or Contract Line Item Amount IN341202 GPS SERVICES 011-040-420-529000 CS-1475 750.50 Invoice Total: 750.50
VENDOR - 1192 - EMPIRE WEST CORPORATION PAYMENT # 611485VENDOR - 7631 - EPLUS TECHNOLOGY, INC PAYMENT # 611486VENDOR - 4181 - FRANCHISE TAX BOARD PAYMENT # 611487VENDOR - 7107 - GEOTAB USA, INC PAYMENT # 611488

. . . .

Item 5 Page 15 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
8/3/2023 220.50
Invoice Description Account PO or Contract Line Item Amount 9753997825 PARTS & SUPPLIES 011-040-415-522000 230028 220.50 Invoice Total: 220.50
8/3/2023 397.58
Invoice Description Account PO or Contract Line Item Amount WOI0509750 WINDSHIELD REPLACEMENT 011-040-420-522000 230433 202.58WOI0509750 WINDSHIELD REPLACEMENT 011-040-420-529000 230433 195.00 Invoice Total: 397.58
8/3/2023 2,877.54
Invoice Description Account PO or Contract Line Item Amount 13635577 POLYMETRON 055-050-586-520230- 230051 2,877.54 Invoice Total: 2,877.54
8/3/2023 20.00
Invoice Description Account PO or Contract Line Item Amount 062123 MEDICAL SERVICES / B. MALKENHORST
#250564
011-010-120-513035 20.00
Invoice Total: 20.00
8/3/2023 959.16
Invoice Description Account PO or Contract Line Item Amount 072723 EMPLOYEE CONTRIBUTIONS 011-000-000-210221 593.76072723 EMPLOYEE CONTRIBUTIONS 055-000-000-210221 365.40 Invoice Total: 959.16
8/3/2023 267.50
VENDOR - 1712 - GRAINGER, CO PAYMENT # 611489VENDOR - 4035 - GTO AUTO GLASS PAYMENT # 611490VENDOR - 1355 - HACH COMPANY PAYMENT # 611491VENDOR - 584 - HOAG URGENT CARE - HUNTINGTON PAYMENT # 611492VENDOR - 4239 - HSA BANK PAYMENT # 611493VENDOR - 4093 - JOHN RODRIGUEZ PAYMENT # 611494

. . . .

Item 5 Page 16 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Description Account PO or Contract Line Item Amount AH185163 TRANSMISSION MOUNT SERVICE 011-040-420-522000 240121 137.50 AH185163 TRANSMISSION MOUNT SERVICE 011-040-420-529000 240121 130.00 Invoice Total: 267.50
8/3/2023 19.00
Invoice Description Account PO or Contract Line Item Amount 070723 MEDICAL SERVICES / B. MALKENHORST
ACCT 5133
011-010-120-513035 19.00
Invoice Total: 19.00
8/3/2023 500.49
Invoice Description Account PO or Contract Line Item Amount 072723 GARNISHMENT 011-000-000-210260 500.49
Invoice Total: 500.49
8/3/2023 16.92
Invoice Description Account PO or Contract Line Item Amount 11045564 TRANSLATION SERVICES 011-030-300-529220 20230162 16.92 Invoice Total: 16.92
8/3/2023 1,974.77
Invoice Description Account PO or Contract Line Item Amount 63713 VIBRATION TEST 055-050-586-529000- LP-0749 565.00 Invoice Total: 565.00
64043 TRANSFORMER FAN MOTOR 055-050-586-529000- 230400 99.7564043 TRANSFORMER FAN MOTOR 055-050-586-529000- 230400 1,310.02 Invoice Total: 1,409.77
VENDOR - 6883 - KEITH W. COWHEY, D.D.S., INC PAYMENT # 611495VENDOR - 5333 - LA COUNTY SHERIFF'S DEPT. PAYMENT # 611496VENDOR - 3272 - LANGUAGE LINE SERVICES, INC PAYMENT # 611497VENDOR - 2361 - LITTLEJOHN REULAND CORP PAYMENT # 611498

. . . .

Item 5 Page 17 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
8/3/2023 512.31
Invoice Description Account PO or Contract Line Item Amount 195072 PARTS & SUPPLIES 011-040-420-522000 240122 393.75195072 PARTS & SUPPLIES 011-040-420-529000 240122 118.56 Invoice Total: 512.31
8/3/2023 38,616.00
Invoice Description Account PO or Contract Line Item Amount 2945 PATCH DAMAGE WALLS & TEXTURES 011-040-410-529000 20230172 30,046.00 Invoice Total: 30,046.00
2946 KITCHEN REPAIR 011-040-410-529000 20230172 8,570.00 Invoice Total: 8,570.00
8/3/2023 9,500.00
Invoice Description Account PO or Contract Line Item Amount 23094 VACUUM TRUCK SUPPORT 055-050-586-529000- 20230157 5,000.00 Invoice Total: 5,000.00
23095 ENVIRONMENTAL SERVICES 055-050-586-529000- 20230158 4,500.00 Invoice Total: 4,500.00
8/3/2023 16,287.22
Invoice Description Account PO or Contract Line Item Amount 93989105 WALK BEHIND ROLLER 011-040-430-660000 230301 16,287.22 Invoice Total: 16,287.22
8/3/2023 141.24
Invoice Description Account PO or Contract Line Item Amount 193823 AUTO PARTS 011-040-420-522000 240014 88.70
Invoice Total: 88.70
VENDOR - 7280 - MESA ENVIRONMENTAL SERVICES, INC PAYMENT # 611501VENDOR - 7653 - MARCO INDUSTRIES, INC PAYMENT # 611499VENDOR - 6667 - MEGA RENOVATION, INC PAYMENT # 611500VENDOR - 217 - MULTIQUIP, INC PAYMENT # 611502VENDOR - 309 - NAPA AUTO PARTS PAYMENT # 611503

. . . .

Item 5 Page 18 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
196301 AUTO PARTS 011-040-420-522000 240014 52.54
Invoice Total: 52.54
8/3/2023 1,023.95
Invoice Description Account PO or Contract Line Item Amount 44032IN ARROW BOARD 011-040-420-522000 240116 1,008.0144032IN ARROW BOARD 011-040-420-529000 240116 15.94 Invoice Total: 1,023.95
8/3/2023 20.00
Invoice Description Account PO or Contract Line Item Amount 111722 MEDICAL SERVICES / B. MALKENHORST
#50121643
011-010-120-513035 20.00
Invoice Total: 20.00
8/3/2023 12.69
Invoice Description Account PO or Contract Line Item Amount 062023 MEDICAL SERVICES / B. MALKENHORST
#28307154915222
011-010-120-513035 12.69
Invoice Total: 12.69
8/3/2023 8.27
Invoice Description Account PO or Contract Line Item Amount S1284050001 SUPPLIES & PARTS 011-040-415-522000 240056 8.27 Invoice Total: 8.27
8/3/2023 3,230.40
Invoice Description Account PO or Contract Line Item Amount VENDOR - 3493 - NATIONAL SIGNAL, INC PAYMENT # 611504VENDOR - 7657 - NGHIA NGUYEN PAYMENT # 611505VENDOR - 7658 - ORANGE COUNTY UROLOGY PAYMENT # 611506VENDOR - 1943 - PLUMBING & INDUSTRIAL SUPPLY PAYMENT # 611507VENDOR - 7584 - POCH STAFFING, INC PAYMENT # 6115083119729 SKILLED STAFFING 055-050-595-529215 20230183 3,230.40

. . . .

Item 5 Page 19 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Total: 3,230.40
8/3/2023 1,590.00
Invoice Description Account PO or Contract Line Item Amount 20237268A TAPE DRIVE RENEWAL 6/1/23 - 5/31/24 011-010-110-529110 240019 1,590.00 Invoice Total: 1,590.00
8/3/2023 12,455.38
Invoice Description Account PO or Contract Line Item Amount 232212 ELECTION PREPARATION SERVICES
04/11/23
011-010-125-529300 12,455.38
Invoice Total: 12,455.38
8/3/2023 75.00
Invoice Description Account PO or Contract Line Item Amount S23257ZVRN PAT PD APPLICANTS 011-010-120-529905 50.00
Invoice Total: 50.00
X2323ZVRN PAT PD APPLICANTS 011-010-120-529905 25.00
Invoice Total: 25.00
8/3/2023 52.00
Invoice Description Account PO or Contract Line Item Amount 073123 LIVE SCAN REIMBURSEMENT 011-010-120-529215 52.00 Invoice Total: 52.00
8/3/2023 2,015.61
Invoice Description Account PO or Contract Line Item Amount VENDOR - 7648 - RDT SOLUTIONS, LLC PAYMENT # 611509VENDOR - 1931 - REGISTRAR-RECORDER/COUNTY CLK PAYMENT # 611510VENDOR - 805 - RIO HONDO COLLEGE PAYMENT # 611511VENDOR - 7659 - SARA SANDOVAL PAYMENT # 611512VENDOR - 7356 - SLATE ROCK FR LLC PAYMENT # 61151364279 RAIN UNIFORMS 055-050-586-524000- 230265 10.0064279 RAIN UNIFORMS 055-050-586-524000- 230265 205.85

. . . .

Item 5 Page 20 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
64279 RAIN UNIFORMS 055-050-586-524000- 230265 1,029.2564279 RAIN UNIFORMS 055-050-586-524000- 230265 120.5864279 RAIN UNIFORMS 055-050-586-524000- 230265 602.9064279 RAIN UNIFORMS 055-050-586-524000- 230265 47.03 Invoice Total: 2,015.61
8/3/2023 7,498.16
Invoice Description Account PO or Contract Line Item Amount 4204288 EMISSIONS FEES (FACILITY ID: 195802) 055-050-586-520232- 7,498.16 Invoice Total: 7,498.16
8/3/2023 370.00
Invoice Description Account PO or Contract Line Item Amount 74112 FRONT AXLE & ALIGNMENT REPAIR 011-040-420-529000 240008 180.00 Invoice Total: 180.00
74136 FRONT AXLE & ALIGNMENT REPAIR 011-040-420-529000 240008 190.00 Invoice Total: 190.00
8/3/2023 4,725.53
Invoice Description Account PO or Contract Line Item Amount S123305213001
PARTS & SUPPLIES 055-050-555-522000 230070 4,725.53
Invoice Total: 4,725.53
8/3/2023 3,723.88
Invoice Description Account PO or Contract Line Item Amount VENDOR - 1158 - SOUTH COAST AQMD PAYMENT # 611514VENDOR - 1973 - STEVEN J. BURRIS PAYMENT # 611515VENDOR - 2886 - WALTERS WHOLESALE ELECTRIC, CO PAYMENT # 611516VENDOR - 4514 - WESTERN TRUCK EXCHANGE PAYMENT # 61151773166 BRAKE REPAIR 011-040-420-522000 230398 135.9673166 BRAKE REPAIR 011-040-420-529000 230398 75.0073166 BRAKE REPAIR 011-040-420-529000 230398 3,512.92

. . . .

Item 5 Page 21 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Total: 3,723.88
8/3/2023 3,414.48
Invoice Description Account PO or Contract Line Item Amount I50000935987 ENVIRONMENTAL SERVICES 055-050-586-520230- LP-0783 2,214.48 Invoice Total: 2,214.48
I50000938229 ENVIRONMENTAL SERVICES 055-050-586-520230- LP-0783 1,200.00 Invoice Total: 1,200.00
8/3/2023 986.00
Invoice Description Account PO or Contract Line Item Amount 17332 CAR WASH SERVICES 011-040-420-529000 CS-1450 986.00 Invoice Total: 986.00
8/3/2023 149,809.47
Invoice Description Account PO or Contract Line Item Amount INY0448509 GATEWAY ARCH PROJECT 011-040-430-660000 CS-1425 149,809.47 Invoice Total: 149,809.47
8/3/2023 4,113.28
Invoice Description Account PO or Contract Line Item Amount 7870 SIGN REPLACEMENT SUPPLIES 011-040-430-522000 230035 2,375.92 Invoice Total: 2,375.92
98519 SIGN REPLACEMENT SUPPLIES 011-040-430-522000 230035 1,737.36 Invoice Total: 1,737.36
VENDOR - 2308 - WORLD OIL ENVIRONMENTAL SERVICES PAYMENT # 61151VENDOR - 6372 - XPRESS WASH, INC PAYMENT # 611519VENDOR - 7391 - YOUNG ELECTRIC SIGN COMPANY PAYMENT # 611520VENDOR - 1153 - ZUMAR INDUSTRIES, INC PAYMENT # 611521 8

. . . .

Item 5 Page 22 of 41
15,380,249.02
7/26/2023 2,561,353.39
Invoice Description Account PO or Contract Line Item Amount 8200000341099 PROPERTTY/CASUALTY INSURANCE

BROKERAGE FEE
011-010-130-520035 FI-0035 92,500.00
Invoice Total: 92,500.00
8200000343908 RENEWAL - EXCESS LIABILITY

COVERAGE INSURANCE
055-050-586-520035- 266,278.69
Invoice Total: 266,278.69
8200000344063 RENEWAL - EXCESS EARTHQUAKE

COVERAGE
055-050-586-520035- 20,751.56
Invoice Total: 20,751.56
8200000344064 RENEWAL - EXCESS EARTHQUAKE

COVERAGE
055-050-586-520035- 51,878.90
Invoice Total: 51,878.90
8200000344066 RENEWAL - EXCESS EARTHQUAKE

COVERAGE
055-050-586-520035- 5,187.90
Invoice Total: 5,187.90
8200000344091 RENEWAL - EXCESS EARTHQUAKE

COVERAGE
055-050-586-520035- 51,878.90
Invoice Total: 51,878.90
8200000344186 RENEWAL - COMMERCIAL PROPERTY

INSURANCE
055-050-586-520035- 689,554.00
Invoice Total: 689,554.00
9900000367008 RENEWAL - COMMERCIAL PROPERTY

INSURANCE
055-050-580-520035 863,479.37
Invoice Total: 863,479.37
9900000367010 RENEWAL - COMMERCIAL PROPERTY

INSURANCE
055-050-586-520035- 86,378.17
Invoice Total: 86,378.17
9900000367011 RENEWAL - COMMERCIAL PROPERTY

INSURANCE
055-050-586-520035- 175,000.00

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
ELECTRONIC TOTAL:

VENDOR - 3266 - AON RISK INSURANCE SERVICES PAYMENT # 15394

. . . .

Item 5 Page 23 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Total: 175,000.00
990000367012 RENEWAL - COMMERCIAL PROPERTY

INSURANCE
055-050-586-520035- 258,465.90
Invoice Total: 258,465.90
7/28/2023 604.65
Invoice Description Account PO or Contract Line Item Amount 4158714569 UNIFORM RENTAL SERVICE 055-050-586-524000- LP-0663 220.394158714569 UNIFORM RENTAL SERVICE 056-060-600-524000 LP-0663 83.394158714569 UNIFORM RENTAL SERVICE 058-070-700-524000 LP-0663 219.894158714569 UNIFORM RENTAL SERVICE 055-050-550-524000 LP-0663 15.364158714569 UNIFORM RENTAL SERVICE 055-050-555-524000 LP-0663 170.62 Invoice Total: 709.65
9229461877 UNIFORM RENTAL SERVICE CREDIT 058-070-700-524000 LP-0663 (105.00) Invoice Total: (105.00)
7/28/2023 1,450,399.27
Invoice Description Account PO or Contract Line Item Amount C0011320 FIRE PROTECTION SERVICES 011-030-305-529215 1,392,735.45C0011320 FIRE PROTECTION SERVICES 011-030-305-529215 30,142.22C0011320 FIRE PROTECTION SERVICES 011-030-305-529215 27,521.60 Invoice Total: 1,450,399.27
7/28/2023 4,950.00
Invoice Description Account PO or Contract Line Item Amount 150327244 DUCT CLEANING SERVICES 011-040-415-529000 20230204 4,950.00 Invoice Total: 4,950.00
7/28/2023 150.00
Invoice Description Account PO or Contract Line Item Amount VENDOR - 5490 - CINTAS CORPORATION NO. 2 PAYMENT # 15397VENDOR - 1444 - COUNTY OF LOS ANGELES PAYMENT # 15398VENDOR - 6595 - COVELLO'S PACIFIC AIRCARE, INC PAYMENT # 15399VENDOR - 947 - DAILY JOURNAL CORPORATION PAYMENT # 15400

. . . .

Item 5 Page 24 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
B3709727 NATURAL GAS AWARENESS NOTICE 056-060-600-529600 150.00 Invoice Total: 150.00
7/28/2023 168.74
Invoice Description Account PO or Contract Line Item Amount 387745IN STRANDED COPPER CABLE 056-060-600-529000 230331 168.74 Invoice Total: 168.74
7/28/2023 414.00
Invoice Description Account PO or Contract Line Item Amount 20221 ENVIRONMENTAL SERVICES 011-040-415-529000 CS-1377 414.00 Invoice Total: 414.00
7/28/2023 6,423.39
Invoice Description Account PO or Contract Line Item Amount 348647 COMPLIANCE SUPPORT SERVICES 055-050-580-529225 LP-0570 6,423.39 Invoice Total: 6,423.39
7/28/2023 5,000.00
Invoice Description Account PO or Contract Line Item Amount B21B39090002 MEMBERSHIP DUES FY 23/24 011-010-150-529550 5,000.00 Invoice Total: 5,000.00
7/28/2023 25,000.00
Invoice Description Account PO or Contract Line Item Amount 2210313 CITY OF VERNON IMPACT STUDY 011-010-150-525000 20230259 25,000.00 Invoice Total: 25,000.00
7/28/2023 4,709.00
Invoice Description Account PO or Contract Line Item Amount VENDOR - 2947 - FARWEST CORROSION CONTROL CO. PAYMENT # 15401VENDOR - 4438 - FLEMING ENVIRONMENTAL, INC PAYMENT # 15402VENDOR - 6899 - G2 INTEGRATED SOLUTIONS, LLC PAYMENT # 15403VENDOR - 875 - LOS ANGELES COUNTY ECONOMIC PAYMENT # 15404VENDOR - 875 - LOS ANGELES COUNTY ECONOMIC PAYMENT # 15405VENDOR - 6422 - MARIPOSA LANDSCAPES, INC PAYMENT # 15406

. . . .

Item 5 Page 25 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
103323 GROUNDS MAINTENANCE AGREEMENT 011-040-415-529000 CS-1413 4,709.00 Invoice Total: 4,709.00
7/28/2023 867.87
Invoice Description Account PO or Contract Line Item Amount 28007495 SPECIALTY GASES 055-050-586-520230- LP-0790 399.96 Invoice Total: 399.96
771081713 SPECIALTY GASES 055-050-586-520230- LP-0790 467.91 Invoice Total: 467.91
7/28/2023 941.02
Invoice Description Account PO or Contract Line Item Amount 97270127 Safety Glasses 055-050-586-522000- 230053 471.79 Invoice Total: 471.79
99606395 PARTS & SUPPLIES 055-050-586-529000- 230053 204.03 Invoice Total: 204.03
99745600 PARTS & SUPPLIES 055-050-586-529000- 230053 265.20 Invoice Total: 265.20
7/28/2023 595.00
Invoice Description Account PO or Contract Line Item Amount 243145 PROF SERVICES - JUNE 2023 095-095-905-705020- 595.00 Invoice Total: 595.00
7/28/2023 6,224,926.84
Invoice Description Account PO or Contract Line Item Amount 96150746 SIEMENS SERVICES AGREEMENT LTS 055-050-586-529000- 20230274 50,659.80 96150746 SIEMENS SERVICES AGREEMENT LTS 055-000-000-200200 20230274 6,174,267.04 Invoice Total: 6,224,926.84
VENDOR - 6520 - MATHESON TRI-GAS, INC PAYMENT # 15407VENDOR - 1150 - MCMASTER-CARR SUPPLY COMPANY PAYMENT # 15408VENDOR - 3900 - RICHARDS, WATSON & GERSHON PAYMENT # 15409VENDOR - 7361 - SIEMENS ENERGY, INC PAYMENT # 15410

. . . .

Item 5 Page 26 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/28/2023 5,595.56
Invoice Description Account PO or Contract Line Item Amount IN16614 SUPPLIES & PARTS 056-060-600-522000 230071 5,595.56 Invoice Total: 5,595.56
7/28/2023 2,100.00
Invoice Description Account PO or Contract Line Item Amount 45417913 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 2,100.00 Invoice Total: 2,100.00
7/28/2023 4,300.00
Invoice Description Account PO or Contract Line Item Amount 498212 VERITONE SOFTWARE FOR PD 011-010-110-529110 20240007 4,300.00 Invoice Total: 4,300.00
7/28/2023 2,400.00
Invoice Description Account PO or Contract Line Item Amount 498211 VERITONE LICENSE 011-010-110-529110 20240000 2,400.00 Invoice Total: 2,400.00
7/28/2023 1,435.20
Invoice Description Account PO or Contract Line Item Amount 7738861214 GLOBALSTAR SERVICE 011-010-110-529110 240028 1,435.20 Invoice Total: 1,435.20
7/28/2023 488,247.41
Invoice Description Account PO or Contract Line Item Amount 202307253160513414
RECALCULATION CHARGES 04/23 055-050-590-520150 (1,695.33) 202307253160513414
RECALCULATION CHARGES 04/23 055-050-590-520190 (109.95) VENDOR - 4318 - TIMOTHY MARQUEZ PAYMENT # 15411VENDOR - 1447 - TYLER TECHNOLOGIES, INC PAYMENT # 15412VENDOR - 7126 - VERITONE, INC PAYMENT # 15413VENDOR - 7126 - VERITONE, INC PAYMENT # 15414VENDOR - 894 - WHENEVER COMMUNICATIONS, LLC PAYMENT # 15415VENDOR - 2412 - CALIFORNIA ISO PAYMENT # 15430

. . . .

Item 5 Page 27 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
202307253160513414
RECALCULATION CHARGES 04/23 055-050-590-520170 755.93
202307253160513414
INITIAL CHARGES 07/23 055-050-590-520170 1,283.11
202307253160513414
INITIAL CHARGES 07/23 055-050-590-520190 4,444.89
202307253160513414
INITIAL CHARGES 07/23 055-050-590-520210 11,265.29
202307253160513414
INITIAL CHARGES 07/23 055-050-590-520150 472,303.47
Invoice Total: 488,247.41
8/2/2023 3,900.00
Invoice Description Account PO or Contract Line Item Amount 242309 ERC MEMBERSHIP 011-010-120-529215 3,900.00
Invoice Total: 3,900.00
8/4/2023 6,904.45
Invoice Description Account PO or Contract Line Item Amount 9900000367014 RENEWAL - CRIME PRIMARY 011-010-130-520035 2,220.37 Invoice Total: 2,220.37
990000367013 RENEWAL - EXCESS LIABILITY COVERAGE 011-010-130-520035 4,684.08 Invoice Total: 4,684.08
8/4/2023 7,500.00
Invoice Description Account PO or Contract Line Item Amount 5607586184 BLOOMBERG SUBSCRIPTION 011-010-130-529225 20230190 7,500.00 Invoice Total: 7,500.00
8/4/2023 22,111.47
VENDOR - 3604 - LIEBERT CASSIDY WHITMORE PAYMENT # 15431VENDOR - 3266 - AON RISK INSURANCE SERVICES PAYMENT # 15433VENDOR - 1479 - BLOOMBERG FINANCE, LP PAYMENT # 15434VENDOR - 447 - CDW GOVERNMENT, INC PAYMENT # 15435

. . . .

Item 5 Page 28 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Description Account PO or Contract Line Item Amount KL98431 ANTIVIRUS SOFTWARE 011-010-110-529110 240003 20,979.00 Invoice Total: 20,979.00
KP78761 TV FOR PUBLIC WORKS 011-010-110-529110 230358 1,132.47 Invoice Total: 1,132.47
8/4/2023 21,928.21
Invoice Description Account PO or Contract Line Item Amount VERJUN23 PORTABLE WATER CHARGES 06/23 058-070-700-520130 8,057.69VERJUN23 PORTABLE WATER CHARGES 06/23 055-050-586-520135- 13,870.52 Invoice Total: 21,928.21
8/4/2023 30,258.47
Invoice Description Account PO or Contract Line Item Amount 801773 CONSULTING SERVICES AGREEMENT 011-040-430-660000 CS-0099 3,470.65 801773 CONSULTING SERVICES AGREEMENT 011-595-430-660000 CS-0099 26,787.82 Invoice Total: 30,258.47
8/4/2023 14,668.00
Invoice Description Account PO or Contract Line Item Amount 815175 CYBERNETICS SOFTWARE 011-010-110-529110 240001 14,668.00 Invoice Total: 14,668.00
8/4/2023 78.00
Invoice Description Account PO or Contract Line Item Amount 072723 TRAINING: BICYCLE PATROL 011-030-300-529500 78.00 Invoice Total: 78.00
8/4/2023 75.00
Invoice Description Account PO or Contract Line Item Amount VENDOR - 1401 - CENTRAL BASIN MWD PAYMENT # 15436VENDOR - 3975 - CNS ENGINEERS, INC PAYMENT # 15437VENDOR - 3705 - CONTEMPORARY CYBERNETICS PAYMENT # 15438VENDOR - 6661 - CYNTHIA MACIEL PAYMENT # 15439VENDOR - 947 - DAILY JOURNAL CORPORATION PAYMENT # 15440

. . . .

Item 5 Page 29 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
B3722315 PUBLICATION SERVICES 011-010-125-525000 75.00
Invoice Total: 75.00
8/4/2023 123.00
Invoice Description Account PO or Contract Line Item Amount 062023 TRAINING: SHERMAN BLOCK SLI CLASS
519- 2
011-030-300-529500 123.00
Invoice Total: 123.00
8/4/2023 975.00
Invoice Description Account PO or Contract Line Item Amount 20244 ENVIRONMENTAL SERVICES 011-040-415-529000 CS-1377 975.00 Invoice Total: 975.00
8/4/2023 41,784.84
Invoice Description Account PO or Contract Line Item Amount 30395 WELL & BOOSTER PUMP REPAIR 058-070-700-529000 LP-0688 41,784.84 Invoice Total: 41,784.84
8/4/2023 4,935.00
Invoice Description Account PO or Contract Line Item Amount 18687 GST CrimeMap 011-010-110-529110 240050 4,935.00
Invoice Total: 4,935.00
8/4/2023 5,686.00
Invoice Description Account PO or Contract Line Item Amount 74180911 MERAKI PORTAL LICENSE 011-010-110-529110 230385 5,686.00 Invoice Total: 5,686.00
8/4/2023 1,755.00
VENDOR - 3248 - DANIEL ONOPA PAYMENT # 15441VENDOR - 4438 - FLEMING ENVIRONMENTAL, INC PAYMENT # 15442VENDOR - 147 - GENERAL PUMP COMPANY, INC PAYMENT # 15443VENDOR - 3917 - GEOSPATIAL TECHNOLOGIES, INC PAYMENT # 15444VENDOR - 1729 - GOVCONNECTION, INC PAYMENT # 15445VENDOR - 3488 - HILDA MORENO PAYMENT # 15446

. . . .

Item 5 Page 30 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Description Account PO or Contract Line Item Amount 073123 TUITION REIMBURSEMENT 011-010-120-529680 1,755.00 Invoice Total: 1,755.00
8/4/2023 1,255.30
Invoice Description Account PO or Contract Line Item Amount 1101071047 OFFICE 365 LICENSE 011-010-110-529110 240007 1,255.30 Invoice Total: 1,255.30
8/4/2023 1,953.00
Invoice Description Account PO or Contract Line Item Amount 90157619 MAINTENANCE RENEWAL 011-010-110-529110 230263 1,953.00 Invoice Total: 1,953.00
8/4/2023 102.50
Invoice Description Account PO or Contract Line Item Amount 072723 TRAINING: BICYCLE PATROL 011-030-300-529500 102.50 Invoice Total: 102.50
8/4/2023 110,635.08
Invoice Description Account PO or Contract Line Item Amount INV06016624 SUTA TAX SERVICES 2022 Q4 011-010-130-529215 FI-0042 110,626.84 Invoice Total: 110,626.84
INV06016625 SUTA TAX SERVICES 2022 Q4 011-010-130-529215 FI-0042 8.24 Invoice Total: 8.24
8/4/2023 99.00
Invoice Description Account PO or Contract Line Item Amount 072723 TRAINING: BICYCLE PATROL 011-030-300-529500 99.00 Invoice Total: 99.00
VENDOR - 3606 - INSIGHT PUBLIC SECTOR, INC PAYMENT # 15447VENDOR - 6190 - IVANTI, INC PAYMENT # 15448VENDOR - 6698 - MARCUS FINO PAYMENT # 15449VENDOR - 6722 - MUNISERVICES, LLC PAYMENT # 15450VENDOR - 6950 - NICHOLAS MANNINO PAYMENT # 15451

. . . .

Item 5 Page 31 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
8/4/2023 2,400.00
Invoice Description Account PO or Contract Line Item Amount 15661 GEOVIEWER MOBILE SUBSCRIPTION 011-010-110-529110 240112 2,400.00 Invoice Total: 2,400.00
8/4/2023 19,099.95
Invoice Description Account PO or Contract Line Item Amount INV10025852516
TENABLE SOFTWARE 011-010-110-529110 240002 19,099.95
Invoice Total: 19,099.95
8/4/2023 2,788.95
Invoice Description Account PO or Contract Line Item Amount 29339 ARROW BOARD INSTALLATION 011-040-420-522000 240118 418.9529339 ARROW BOARD INSTALLATION 011-040-420-529000 240118 2,370.00 Invoice Total: 2,788.95
8/4/2023 107.00
Invoice Description Account PO or Contract Line Item Amount 072723 TRAINING: BICYCLE PATROL 011-030-300-529500 107.00 Invoice Total: 107.00
8/4/2023 200.00
Invoice Description Account PO or Contract Line Item Amount 3094627602 SUBSCRIPTION 07/23 011-010-115-529600 LD-0045 200.00 Invoice Total: 200.00
8/4/2023 21,572.42
Invoice Description Account PO or Contract Line Item Amount VENDOR - 5709 - NOBEL SYSTEMS, INC PAYMENT # 15452VENDOR - 7423 - OPTIV SECURITY, INC PAYMENT # 15453VENDOR - 4111 - PACIFIC COMMERCIAL TRUCK BODY PAYMENT # 15454VENDOR - 6446 - RAYMOND GODOY PAYMENT # 15455VENDOR - 6884 - RELX, INC PAYMENT # 15456VENDOR - 5925 - SHI INTERNATIONAL CORP PAYMENT # 15457

. . . .

Item 5 Page 32 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
B17093111 EVERBRIDGE NOTIFICATION SOFTWARE 011-010-110-529110 240004 21,572.42 Invoice Total: 21,572.42
8/4/2023 2,166.24
Invoice Description Account PO or Contract Line Item Amount INV00782193 TONER AND A SWITCH FOR MGS 011-010-110-522010 230125 2,166.24 Invoice Total: 2,166.24
8/4/2023 836.54
Invoice Description Account PO or Contract Line Item Amount 27604 WINDOW ENVELOPES 011-010-130-522000 240010 289.12 Invoice Total: 289.12
27606 WINDOW ENVELOPES 011-010-130-522000 240029 547.42 Invoice Total: 547.42
8/4/2023 101,609.28
Invoice Description Account PO or Contract Line Item Amount 45392344 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 6,300.00 Invoice Total: 6,300.00
45392345 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 7,000.00 Invoice Total: 7,000.00
45393087 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 4,200.00 Invoice Total: 4,200.00
45393088 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 2,100.00 Invoice Total: 2,100.00
45394173 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,600.00 Invoice Total: 5,600.00
45394174 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 700.00 Invoice Total: 700.00
45394763 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,600.00VENDOR - 6711 - SOUTHERN COMPUTER WAREHOUSE, PAYMENT # 15458VENDOR - 3775 - STAPLEMAN MEDIA SERVICES, INC. PAYMENT # 15459VENDOR - 1447 - TYLER TECHNOLOGIES, INC PAYMENT # 15460

. . . .

Item 5 Page 33 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
Invoice Total: 5,600.00
45394764 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 9,800.00 Invoice Total: 9,800.00
45395596 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 4,900.00 Invoice Total: 4,900.00
45395597 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,600.00 Invoice Total: 5,600.00
45400703 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 4,200.00 Invoice Total: 4,200.00
45406907 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 4,900.00 Invoice Total: 4,900.00
45411100 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 2,100.00 Invoice Total: 2,100.00
45413476 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 7,000.00 Invoice Total: 7,000.00
45414015 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 5,843.00 Invoice Total: 5,843.00
45414016 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 1,400.00 Invoice Total: 1,400.00
45415427 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 14,566.28 Invoice Total: 14,566.28
45415428 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 1,400.00 Invoice Total: 1,400.00
45416273 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 7,000.00 Invoice Total: 7,000.00
45417480 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 1,400.00 Invoice Total: 1,400.00
8/4/2023 700.00
Invoice Description Account PO or Contract Line Item Amount VENDOR - 1447 - TYLER TECHNOLOGIES, INC PAYMENT # 15461

. . . .

Item 5 Page 34 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
45399287 TYLER TECHNOLOGIES ERP SYSTEM 011-010-110-660005 IT-0152 700.00 Invoice Total: 700.00
8/4/2023 34,883.72
Invoice Description Account PO or Contract Line Item Amount 202312 QUARTERLY PAYMENT - NO. 12 058-000-000-272010 34,883.72 Invoice Total: 34,883.72
8/4/2023 1,866.03
Invoice Description Account PO or Contract Line Item Amount 622746 STORAGE SERVICES 011-010-125-529215 409.00
Invoice Total: 409.00
623219 STORAGE SERVICES 011-010-125-529215 1,457.03
Invoice Total: 1,457.03
8/4/2023 439,798.73
Invoice Description Account PO or Contract Line Item Amount 202308013160663708
INITIAL CHARGES 07/23 055-050-590-520150 402,320.19
202308013160663708
INITIAL CHARGES 07/23 055-050-590-520190 (4,704.83)
202308013160663708
INITIAL CHARGES 07/23 055-050-590-520170 31,465.08
202308013160663708
INITIAL & REVISED CHARGES 055-050-590-520210 13,703.22
202308013160663708
RECALCULATION CHARGES 04/23 055-050-590-520150 (1,750.04) 202308013160663708
RECALCULATION CHARGES 04/23 055-050-590-520170 (1,142.20) 202308013160663708
RECALCULATION CHARGES 04/23 055-050-590-520190 (92.69)
Invoice Total: 439,798.73
VENDOR - 1658 - WATER REPLENISHMENT DISTRICT PAYMENT # 15462VENDOR - 3584 - WILLIAMS SERVICE CORPORATION PAYMENT # 15463VENDOR - 2412 - CALIFORNIA ISO PAYMENT # 15464

. . . .

Item 5 Page 35 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/27/2023 177.00
Invoice Description Account PO or Contract Line Item Amount 072623 FY23 DIESEL FUEL GOVERNMENT ENTITY
RETURN
011-040-420-527000 177.00
Invoice Total: 177.00
7/27/2023 332.00
Invoice Description Account PO or Contract Line Item Amount 072423 USE TAX RETURN 2Q 2023 011-000-000-200250 331.52072423 USE TAX RETURN 2Q 2023 011-010-130-523034 0.48 Invoice Total: 332.00
8/1/2023 68.50
Invoice Description Account PO or Contract Line Item Amount 080123_MULTIPLE
PARTS & SUPPLIES 011-040-415-522000 230049 68.50
Invoice Total: 68.50
7/28/2023 1,119.32
Invoice Description Account PO or Contract Line Item Amount 073123_MULTIPLE
PARTS & SUPPLIES 055-050-555-529000 230058 269.02
073123_MULTIPLE
PARTS & SUPPLIES 055-050-565-522000 230058 850.30
Invoice Total: 1,119.32
7/28/2023 579.03
Invoice Description Account PO or Contract Line Item Amount 072823_MULTIPLE(4)
PARTS & SUPPLIES 058-070-700-522000 230041 579.03
Invoice Total: 579.03
VENDOR - 2242 - CA DEPARTMENT OF TAX & FEE PAYMENT # 15560VENDOR - 2242 - CA DEPARTMENT OF TAX & FEE PAYMENT # 15561VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15563VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15564VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15565

. . . .

Item 5 Page 36 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
7/28/2023 382,646.92
Invoice Description Account PO or Contract Line Item Amount 100000017214758

MONTHLYEXPENSE OF UAL (FIRE CLASSIC)
011-030-305-512020 382,646.92
Invoice Total: 382,646.92
7/28/2023 248,987.08
Invoice Description Account PO or Contract Line Item Amount 100000017214728

MONTHLY EXPENSE OF UAL (POLICE CLASSIC)
011-030-300-512020 248,987.08
Invoice Total: 248,987.08
7/28/2023 919.50
Invoice Description Account PO or Contract Line Item Amount 100000017214738
MONTHLY EXPENSE OF UAL( FIRE PEPRA) 011-030-305-512020 919.50 Invoice Total: 919.50
7/28/2023 520.50
Invoice Description Account PO or Contract Line Item Amount 100000017214748

MONTHLY EXPENSE OF UAL (POLICE PEPRA)
011-030-300-512020 520.50
Invoice Total: 520.50
7/28/2023 396,325.00
Invoice Description Account PO or Contract Line Item Amount 100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-010-100-512020 1,743.83
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-010-105-512020 17,081.61
VENDOR - 714 - CALPERS PAYMENT # 15566VENDOR - 714 - CALPERS PAYMENT # 15567VENDOR - 714 - CALPERS PAYMENT # 15568VENDOR - 714 - CALPERS PAYMENT # 15569VENDOR - 714 - CALPERS PAYMENT # 15570

. . . .

Item 5 Page 37 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-010-125-512020 7,728.34
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-010-130-512020 26,751.94
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-010-115-512020 4,359.58
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-010-120-512020 12,325.71
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-030-300-512020 20,925.96
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-040-400-512020 15,020.72
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-040-405-512020 12,325.71
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-040-430-512020 30,794.45
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-040-420-512020 7,054.59
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-040-435-512020 792.65
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-040-410-512020 4,438.84
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-040-415-512020 6,222.30
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
059-080-800-512020 198.16
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-020-200-512020 15,853.00
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
058-070-700-512020 27,227.53
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
056-060-600-512020 13,356.15
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-575-512020 6,658.26
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-595-512020 4,478.47

. . . .

Item 5 Page 38 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-550-512020 5,588.18
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-555-512020 30,160.33
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-570-512020 1,228.61
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-580-512020 22,669.77
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
011-010-110-512020 13,039.09
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-585-512020 19,895.52
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-586-512020- 51,522.25
100000017214 719

MONTHLY EXPENSE OF UAL (MISC CLASSIC & PREPA)
055-050-586-512020- 16,883.45
Invoice Total: 396,325.00
7/31/2023 3,885.39
Invoice Description Account PO or Contract Line Item Amount 073123_MULTIPLE(2)
PARTS & SUPPLIES 055-050-586-522000- 230052 1,864.27
073123_MULTIPLE(2)
PARTS & SUPPLIES 055-050-586-529000- 230052 895.77
073123_MULTIPLE(2)
PARTS & SUPPLIES 055-050-555-522000 230052 1,125.35
073123_MULTIPLE(2)
PARTS & SUPPLIES 055-050-560-529000 230052 (16.51)
073123_MULTIPLE(2)
PARTS & SUPPLIES 055-050-586-522000- 230052 16.51
Invoice Total: 3,885.39
7/25/2023 2,648,284.09
Invoice Description Account PO or Contract Line Item Amount VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15571VENDOR - 3049 - PETRELLI ELECTRIC, INC PAYMENT # 15631

. . . .

Item 5 Page 39 of 41

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023
230116 ELECTRIC SYSTEM MAINTENANCE 06/23 055-000-000-200400 LP-0761-1 2,648,284.09 Invoice Total: 2,648,284.09
7/28/2023 1,067.17
Invoice Description Account PO or Contract Line Item Amount 072823_MULTIPLE(3)
PARTS & SUPPLIES 056-060-600-522000 230077 1,067.17
Invoice Total: 1,067.17
VENDOR - 1552 - HOME DEPOT CREDIT SERVICES PAYMENT # 15632

. . . .

Item 5 Page 40 of 41

FUND EARLY CHECKS TOTAL ELECTRONIC TOTAL GRAND TOTAL
011 - GENERAL FUND $ 331,200.78 $ 2,789,677.97 $ 3,120,878.75 055 - LIGHT & POWER $ 108,973.41 $ 12,456,709.18 $ 12,565,682.59 056 - NATURAL GAS $ 1,226.13 $ 20,421.01 $ 21,647.14 058 - WATER $ 41,825.25 $ 112,647.70 $ 154,472.95 059 - FIBER $ 198.16 $ 198.16
095 - SEWC JPA $ 1,280.00 $ 595.00 $ 1,875.00
Total $ 484,505.57 $ 15,380,249.02 $ 15,864,754.59

CITY OF VERNON

OPERATING ACCOUNT
WARRANT REGISTER NO. 115
DATE 9/5/2023

. . . .

Item 5 Page 41 of 41
City Council Agenda Report
Meeting Date: September 5, 2023
From: Michael Earl, Director of Human Resources
Department: Human Resources
Submitted by: Michael Earl, Director of Human Resources Subject
Federal Motor Carrier Safety Administration (FMCSA) and Pipeline and Hazardous Materials Safety Administration (PHMSA) Anti-Drug and Alcohol Policies Recommendation
A. Adopt Personnel Policies and Procedures Manual Policy III-8 and III-9 – FMCSA and PHMSA Anti-Drug and Alcohol Policies; and
B. Authorize the City Administrator to make minor revisions as necessary, execute and distribute the policies to affected City Employees.

Background
The Human Resources Department is responsible for maintaining and administering the City’s Personnel Policies and Procedures Manual which contains a variety of policies affecting City employees.

The City is subject to requirements of the Federal Department of Transportation (DOT) for employees who possess a commercial drivers license as well as for those employees who perform operations, maintenance, and emergency response work on the City’s gas pipelines.

Specific DOT requirements for drug and alcohol testing are spelled out by the FMCSA for commercial drivers and the PHMSA for gas pipeline workers. The proposed policies separate the requirements for FMCSA under Policy III-8 and for PHMSA under Policy III-9. The policies specify the circumstances for drug and alcohol testing, the job classifications subject to the requirements, and the procedures for carrying out the administration of the anti-drug and alcohol programs. Generally, employees who are covered under the policy are subjected to drug and/or alcohol testing in the following circumstances: pre-employment, randomly, post-accident, reasonable suspicion, return to duty, and follow up testing after completion of a rehabilitation program.

Administration of the Anti-drug and Alcohol program is complex and includes specifics regarding substances tested, testing and sample collection procedures, percentage of employees to be randomly tested, positive result thresholds, and consequences for positive results. As such, the City has contracted with a third-party administration service to assist in implementing and administering the programs.

The draft policies have been provided to the City’s employee bargaining groups representing the affected employees for the opportunity to comment and/or meet and confer. The bargaining groups have either not provided any response or City management continues to discuss the implementation with the bargaining group.

Fiscal Impact
The fiscal impact is estimated at $10,603. Sufficient funds are available in General Fund, Human Resources Department, Professional Services – Other Account No. 011-010-120-529215 for the current fiscal year. . . . .

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Attachments

1. Policy III-8 FMCSA Drug and Alcohol Testing Policy

2. Policy III-9 PHMSA Anti-Drug and Alcohol Misuse Prevention Policy . . . .

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City of Vernon, California
Human Resources Policies and Procedures
__________________________
Director of Human Resources
__________________________
City Administrator
Number: III-8 Effective Date: _________________
U.S. Department of Transportation (DOT) – Federal Motor Carrier Safety Administration (FMCSA) Drug & Alcohol Testing Policy Also Referred to as:
49 Code of Federal Regulations (CFR) PART 382

CONTROLLED SUBSTANCES AND ALCOHOL USE AND TESTING POLICY ______________________________
Designated Employer Representative
______________________________
Effective Date
. . . .

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City of Vernon

LETTER TO APPLICANTS AND EMPLOYEES
The illegal use of drugs and the abuse of alcohol are problems that invade the workplace, endangering the health and safety of the abusers and those who work around them. Every employee and applicant should understand those dangers and be aware of the Federal requirements and State guidelines concerning substance abuse in the workplace. The City of Vernon is committed to creating and maintaining a workplace free of substance abuse.

To answer this problem, the City of Vernon(City) has developed a policy in conformity with Department of Transportation (DOT) Regulations 49 CFR Part 40 regarding the illegal use of drugs and the abuse of alcohol that we believe best serves the interests of our employees. A copy of these Federal Regulations is on file with the City’s Designated Employer Representative (DER) for review at any time during normal working hours.

Our policy formally and clearly states the illegal use of drugs or abuse of alcohol or prescription drugs will not be tolerated. As a means of maintaining our policy, we have implemented, as of the effective date of this Policy, pre-employment and active employee drug testing as outlined in the Policy.

Employees who are subject to the DOT testing regulations and City Policy will be placed in a separate random testing pool containing only DOT-covered employees for purposes of DOT compliance. With regard to the Drug and Alcohol Testing Policy, the federal regulations shall be considered as preempting any inconsistent state or local laws or regulations.

The purpose of this policy is safety and to establish programs designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles and other safety sensitive employees of the City covered by this policy.

An employee whose conduct violates this substance abuse policy will be subject to discipline up to and including termination.

We believe that the benefits derived from the policy objectives outweigh the potential inconvenience to employees, and we earnestly solicit the understanding and cooperation of all employees in implementing this policy. . . . .

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City of Vernon

DRUG & ALCOHOL TESTING POLICY
A. STATEMENT OF POLICY
TheCity has a legal responsibility to comply with the United States Department of Transportation (DOT) regulations regarding testing of certain city employees. DOT Regulations 49 CFR Part 40 are on file with the City’s Designated Employer Representative (DER) for review at any time during normal working hours.

The City prohibits and will not tolerate any of the following behaviors by its employees:
a. Use of illicit drugs.
b. Abuse of legal drugs (prescription or over-the-counter). c. Abuse of alcohol.
d. Sale, purchase, transfer or use or possession of illegal drugs or prescription drugs obtained illegally.
e. Arrival for work under the influence of drugs or alcohol. f. Consuming illicit drugs or alcohol while working.

The purpose of this policy, in addition to meeting Federal regulations, is to establish a program designed to help prevent accidents and injuries resulting from the misuse of alcohol or use of controlled substances by drivers of commercial motor vehicles.

Within this Drug & Alcohol Testing Policy, certain elements are required because the City is regulated by the U.S. Department of Transportation (DOT). In addition, certain policy elements related to specific personnel actions or the City’s drug-free workplace regulations or City Policy, reflect requirements of the CITY but are not required by DOT. With regard to those employees governed by DOT regulations, federal regulations shall be considered as preempting any inconsistentCity policy, state or local law or regulation.

1. Designated Employer Representative (DER)
Section N of this policy lists the City DER, as the responsible person for this Policy. The DER shall be responsible for providing oversight and evaluation on the policy; providing guidance and counseling; reviewing of all discipline applied under this policy for consistency and conformance to human resources policies and procedures; scheduling for types of testing (random, post- accident, reasonable suspicion, etc.); maintaining a locked file system on all test results; and overseeing the referral of employees for evaluation and treatment. The City shall ensure that all covered employees are aware of the provisions and coverage of the City’s Drug & Alcohol Testing Policy and that all employees are notified prior to testing. 2. Department of Transportation Regulations The City’s policy requires that employees participating in activities regulated by DOT, be subject to urine drug testing and breath alcohol testing in accordance with DOT drug and alcohol testing regulations 49 CFR Part 40 and FMCSA regulations 49 CFR Part 382. A copy of these regulations is available from the City’s DER. Non-DOT regulated employees may also be subject to drug and alcohol testing. . . . .

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Separate testing pools will be established for non-DOT regulated employees as previously described and may be further divided by safety-sensitive and non-safety-sensitive employees.

This policy specifically notifies all employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited while on the job or on City property. Further, this policy notifies employees the use of a prohibited drug at any time, whether on duty or off duty, is not permitted. Additionally, the consumption of alcohol (whether as a beverage or in a medicinal formulation, and also to include methanol and isopropanol) is prohibited while performing a safety-sensitive activity or within four (4) hours before performing a safety- sensitive activity, or within eight (8) hours following an accident to which the employee’s behavior may have contributed, or after having been notified to report to duty for any reason. 3. Commercial Drivers’ Licenses It is the policy of the City that persons having a Commercial Driver’s License (CDL) and participating in activities regulated by DOT are subject to drug testing and alcohol testing. The Omnibus Transportation Employee Testing Act of 1991 requires alcohol and drug testing of safety- sensitive employees in aviation, motor carriers, railroad, and mass transit industries. Provisions of this policy are based upon said Act and the relevant federal regulations applicable to the Act. As a condition of employment, the City reserves the right to require all employees having a CDL and performing safety-sensitive activities regulated by DOT, to submit to drug and/or alcohol testing to determine the presence of prohibited substances. These rules and this policy also requireall drivers to notify their supervisor within five (5) days of any criminal drug statute conviction.

Who is Covered for DOT FMCSA Drug & Alcohol Testing
A covered employee is one who holds a CDL and operates a Commercial Motor Vehicle (CMV).

A CMV is defined as a motor vehicle or a combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle: • Has a gross combination weight rating of 11,794 or more kilograms (26,001 or more pounds), inclusive of a towed unit with a gross vehicle weight rating of more than 4,536 kilograms (10,000 pounds); or
• Has a gross vehicle weight rating of 11,794 or more kilograms (26,001 or more pounds); or • Is designed to transport 16 or more passengers, including the driver; or • Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act and which require the motor vehicle to have a placard under the Hazardous Materials Regulations PROCEDURES:

B. SUBSTANCES TO BE TESTED AND DETECTION THRESHOLDS
The substances to be tested under this policy and the cut-off levels of detection for those substances are those as specified under the current version of the regulation 49 CFR Part 40.

1. Marijuana metabolites

2. Cocaine metabolites

3. Phencyclidine

4. Amphetamines -amphetamine, methamphetamine, MDMA & MDA . . . .

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5. Opioids – codeine, heroin, morphine, oxycodone, oxymorphone, hydrocodone & hydromorphone
Some common names for the semi-synthetic Opioids (oxycodone, oxymorphone, hydrocodone & hydromorphone) include OxyContin®, Percodan®, Percocet®, Vicodin®, Lortab®, Norco®, Dilaudid®, and Exalgo®
Alcohol testing requires removal from safety sensitive position at .02% Blood Alcohol Concentration (BAC) or greater with a violation of the policy and DOT regulation 49CFR Part 40 at .04% BAC or greater.

C. MEDICATIONS
No driver shall report for duty or remain on duty requiring the performance of safety-sensitive functions when the driver uses any controlled substance, except when the use is pursuant to the instructions of a licensed medical practitioner, as defined in 49 CFR 382.107, who has advised the driver that the substance will not adversely affect the driver's ability to safely operate a commercial motor vehicle.

Employees will report their use of any legal prescription medications that may adversely affect their ability to safely operate a commercial motor vehicle. to their supervisor before beginning work; those sensitive to the disclosure of their use of certain medications may call or visit the City official (see name and telephone number in Section N) in charge of the Drug & Alcohol Testing Policy, in confidence to resolve their unique work situation.

Employees shall not use or be under the influence of medications while working if the medications have the potential to alter or to adversely affect their judgment, motor skills, to induce sleepiness or to otherwise detract from their safe job performance. An essential DOT covered employee job duty is the ability to perform job functions in a constant state of alertness, and safe manner.

The City may require Fit for Duty documentation from a prescribing physician when an employee performing safety-sensitive activities reports use of a legal prescription or when the Medical Review Officer (MRO) reports a safety concern on a negative drug test result. The City has final authority for fitness for duty determinations.

This policy makes no exception for medical marijuana. The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs; including marijuana, for any reason medical, recreational or otherwise.

D. DRUG & ALCOHOL TESTING POLICY MONITORING
To measure the success of, and to aid in enforcing, our Drug & Alcohol Testing Policy, the following types of drug screening tests may be administered to employees:

1. Pre-employment- job applicants, as a condition of obtaining employment, must be tested with a negative result received before operating in a safety sensitive position.

2. Random testing as described in Exhibit I
. . . .

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3. Post Accident testing as described in Exhibit II

4. An employee will be required to submit to a drug and alcohol test if there is reasonable suspicion that the employee is under the influence of drugs and/or alcohol. A trained supervisor must make this decision.

5. Return to Duty testing following a removal from a Safety Sensitive position after a positive, adulterated or substituted test and referral to a Substance Abuse Professional (SAP).

6. Employees as a Follow-Up to a return from rehabilitation program. These employees will be tested periodically. Under DOT regulations, follow up testing will be at a minimum six tests over the first year of return to duty.

Notice of Drug Testing will be given on all vacancy announcements for recruitment. In addition to the drug screening, a test for the presence of alcohol may be administered as a result of the conditions stated in Section D. 2, 3, 4, 5 and 6 above.

A copy of documentation supporting a REASONABLE SUSPICION drug and alcohol test will be completed within seven (7) days after testing, will be provided to the employee upon request, and will be retained confidentially by the City for at least one (1) year.

On the basis of an accident that requires a DOT post-accident test or the finding of reasonable suspicion that leads to a DOT reasonable suspicion test, the employee will immediately be removed from safety-sensitive functions with pay pending the outcome of the post-accident or reasonable suspicion drug/alcohol test. A laboratory approved by the Substance Abuse and Mental Health Services Administration (SAMHSA) will perform testing for the presence of drugs after obtaining urine specimens for drug tests. Laboratories are mandated to test all DOT specimens for specimen validity (i.e., adulterants and urine substitutes). All non-negative specimens from the initial screening are then tested a second time using a different technique and chemical principal from the initial test to insure reliability and accuracy. All drug test results are reported to the Medical Review Officer (MRO) for verification prior to being transmitted to the employee and/or employer.

Medical Review Officer (MRO)
All drug test results are reported from the lab to the Medical Review Officer (MRO) for review and verification prior to being transmitted to the employee and/or employer. The MRO is a licensed physician who has been trained to review and verify drug test results. Contact information for the MRO is listed in Section N. When a prescribed medication causes a drug test result to be positive from the lab, the employee will be contacted by the MRO to discuss this medication and verification of a prescription in order to have the MRO reverse the drug test result and report to the employer as negative.

Prescribed use of certain medications and the semi- synthetic opioids prescription drugs could render a DOT covered employee as medically unqualified under an applicable DOT agency regulation or is likely to pose a significant safety risk. When a negative result is reported by the MRO after evaluation of a driver’s prescribed medication, the MRO may indicate a safety concern on the test result report to the employer. When a laboratory positive test is reversed due to a . . . .

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prescribed opioid, the Medical Review Officer (MRO) has been directed by DOT to first provide the employee with up to five business days after the reporting of the verified negative result to have the prescribing physician contact the MRO to determine if the medication(s) can be changed to one that does not make the employee medically unqualified or that the medication does not pose a significant safety risk before reporting the safety concern.

Non-DOT Drug & Alcohol Testing
In addition to drug and alcohol testing conducted by the City pursuant to 49 CFR Part 40 and 49 CFR Part 382, the City reserves the independent authority to screen and/or test employees under the City’spolicy including, but not limited to, laboratory testing and point of collection test (POCT) devices utilizing alternative body specimens including hair, urine and oral fluid (saliva), for the detection of illegal drugs, prescription and over-the-counter medications or substances which have an impairing affect and/or alcohol, taken by those who are considered safety-sensitive employees, as may be permitted and/or restricted by applicable state or local laws or regulations and applicable collective bargaining agreements. The term “illegal use of drugs” includes any mind altering synthetic or designer drugs as well as any controlled or scheduled substance not used in accordance with a health care provider’s lawful prescription for the user. These collections will be performed in addition to, and not as a substitute for, DOT regulated tests and these urine specimens will not be poured from or taken from the same specimen collected for a DOT urine test or alcohol test (49 CFR Part 40 Section 40.13) and will not be conducted using DOT forms (49 CFR Part 40 Sections 40.47, 40.227).

Dilute Specimens
If the MRO informs the City that a negative test was dilute, the City may take the following action depending on City policy and/or guidance provided by the MRO:
(1) If the MRO directs that a recollection take place under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL), the City will do so immediately. Failure of the employee or applicant to submit for this recollection is classified by the DOT, and under this policy, as a refusal to test. (2) Otherwise (i.e., if the creatinine concentration of the negative dilute specimen is greater than 5 mg/dL), the City will, for existing employees,require the employee to retest upon immediate notification and be escorted by a supervisor.
(3) Regarding a negative dilute (greater than 5 mg/dL on an applicant, the City will require the applicant to retest within 24 hours and provide instructions to applicant on how to avoid a dilute specimen.

When such a retest is required after a negative dilute specimen, the employee or applicant will be given the minimum possible advance notice that he or she must go to the collection site.

Instructions will be provided on how to avoid a dilute specimen. The result of the retest will be considered the final result, not the result from the first test. For current employees required to submit to a return-to-duty test or follow-up test (both of which under DOT regulations must render a negative test result) a second directly observed collection resulting in a negative dilute urine test result will render the final result a “negative” test; and an applicant with a second directly observed negative dilute urine test result will not be eligible for hire under the City’s uniformly enforced policy. . . . .

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If the employee declines to take a retest required because of a dilute specimen, the action will be considered a “refusal to be tested” and will be treated the same as a confirmed and verified positive result. The offer of employment will be rescinded if an applicant refuses to take the retest because of a dilute specimen.

Invalid Results Due to Medical Conditions
An employee with a previously diagnosed medical condition which has caused them in the past to provide an invalid urine test result when called for testing, may now be referred directly to the MRO who will conduct a “signs and symptoms” medical evaluation (or the MRO may direct a licensed physician acceptable to the MRO to perform such an evaluation in accordance with DOT Regulations) to determine if there is evidence the employee is an illicit drug user. If no such evidence is found, the MRO will determine the test result to be a “negative” test and provide a report to the City. If the medical evaluation provides contrary evidence, the MRO will provide the City a report that the test is cancelled and state the reason(s). The employer cannot hire nor have the individual resume safety-sensitive work without a negative result.

Direct Observation Specimen Collections
Under certain circumstances applicants or employees (donors) may be required to submit their urine specimen for drug testing under direct observation. During the observed collection, items such as prosthetic devices designed to carry clean urine will be checked for by observers with both male and female donors, by asking the donor to raise and lower clothing, turn around, and then put the clothing back into place for the observed collection. The observer must then watch the employee urinate into the collection container. Specifically, the observer must watch the urine go from the donor’s body into the collection container. The observer must be of the same gender as the donor, and does not need to be the collector.

E. CONSEQUENCES TO EMPLOYEES:

The following is an overview of the terms and conditions of the City’s drug and alcohol policy, and for violation of which an employee is subject to discipline as outlined below. (1) It is a violation of City policy for any employee to use, possess, manufacture, sell, trade, offer for sale, offer to buy, or make arrangements to distribute illegal drugs, or to otherwise engage in the illegal use of drugs during working hours or on City property . (2) It is a violation of City policy for anyone to report to work under the influence of alcohol, or any illegal drugs.
(3) It is a violation of City policy for anyone to remain on duty that requires the operation of a motor vehicle or other hazardous equipment, or the performance of safety-sensitive job duties, while under the influence of illegal drugs or alcohol. (4) It is a violation of City policy for anyone to use prescription drugs illegally. (However, nothing in this policy precludes the appropriate use of legally prescribed medications.) Such prescription drugs brought to work should remain in the original labeled container and show both the prescribing doctor’s name and expiration date. (5) It is a violation of City policy to report to work or be at work, where the presence of prescribed or over .-the-counter narcotics or drugs exceeds statutory limits in blood or urine, or . . .

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the use of prescribed or over-the-counter narcotics or drugs poses a risk to the safety of the employee, other persons, the general public or property or may render the employee temporarily medically unfit under applicable DOT agency regulations. (6) It is a violation of City policy to ingest hemp food products or coca food products. (Recent studies indicate that ingestion of hemp seed oil and hemp food products can result in a positive test for marijuana.) A MRO may not accept consumption or other use of hemp products, coca teas, recreational or medical marijuana as an excuse for a positive drug test. (7) It is a violation of City policy for employees to use alcohol within four (4) hours before performing any safety-sensitive activity. The City will provide an opportunity for each such on-call employee to acknowledge the use of alcohol at the time he/she is called to report for duty, and it is the employee’s responsibility to inform his/her supervisor at the earliest possible time of any potential impairment from alcohol.
(8) It is a violation of City policy to engage in the following conduct as defined and identified in 49 CFR Part 40 and this Policy:
a) Receiving a verified positive drug test
b) Receiving a verified adulterated or substituted drug test c) Receiving an alcohol test result of 0.04 BAC or higher d) Failure to appear for a drug or alcohol test within the time directed by the DER but no longer than two (2) hours of being so ordered
e) Refusal of an Alcohol or Drug Test
f) Refusal to provide the collector with requested information to be placed on the Custody and Control Form (CCF)
g) Refusal to cooperate with the collector’s directions to remove outer clothing, leave personal belongings, empty pockets, wash hands or other such directives of the collector
h) Refusal to follow the collector’s instructions to submit to an observed or monitored collection
i) Submit, or attempt to submit, an adulterated, diluted or otherwise altered specimen, or substituting a specimen from another person
j) Failure to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner-operator) to appear for a test when called by Consortium Third Party Administrators
k) Failure to remain at the testing site until the testing process is complete l) Failure to provide a urine specimen or failure to attempt to provide a saliva or breath specimen
m) Fail or decline to take a second test the DER or collector has directed n) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of a verification process, or as directed by the DER as part of the “shy bladder” procedures or “shy lung” (failure to provide an adequate breath specimen during submission of a breath alcohol test) procedures
o) Behave in a confrontational way that disrupts the collection process is classified as refusal to test or fail to cooperate with any part of the alcohol/drug testing process . . . .

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p) For an observed collection, fail to follow the observer's instructions to raise clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine the presence of any type of prosthetic or other device that could be used to interfere with the collection process
q) Possess or wear a prosthetic or other device that could be used to interfere with the collection process
r)Admit to the collector or MRO that you adulterated or substituted the specimen s) Reporting for work with an illegal drug, including marijuana (medical, recreational or otherwise), in his or her system. The City enforces this policy consistently with respect to all drugs, including medical or recreational marijuana use, as the law allows the city to do
DISCIPLINE ACTIONS FOR VIOLATIONS LISTED ABOVE:

Each employee should understand that certain policy violations will result in immediate termination. Such violations of the policy include, but are not limited to:  the consumption of alcohol on City time or in a City vehicle ;  the possession, sale or use of illegal drugs on City premises or on City time;  any effort to substitute or adulterate a drug test sample or otherwise alter a drug test result; and
 refusal to test when required as per this policy
Additional Discipline Actions for Violations of this Policy:

1. Job Applicants will not be hired and will be provided a referral list to a Substance Abuse Professional (SAP) to meet the required conditions of 49 CFR Part 40.281 Subpart O.

2. An employee violation of this policy will result inimmediate removal from the safety sensitive position and meet the required conditions of 49 CFR Part 40.281 Subpart O with referral to the Substance Abuse Professional as stated below in Item 3. Per the City authority, a second violation of this policy will result in immediate termination of employment.

Employees testing positive or refusal to test may forfeit eligibility for unemployment payments per City authority. Injured employees after a positive or refusal to test on a post- accident testing event may forfeit eligibility for workers' compensation medical payments and indemnity payments per City authority.

3. DOT consequences for a confirmed positive, adulterated, substituted drug/alcohol test or refusal to test require the employee to be removed from a DOT safety sensitive position and referred to a SAP. The employee cannot return to the safety sensitive position until a final evaluation from the SAP and a return to duty negative test. The employee will be responsible for any costs associated with the SAP program.

4.City policy requires that employees arrested, indicted or convicted of violating controlled substance laws will notify the employer within five business (5) days of the event and if this substance abuse policy was also violated, that the employee will be disciplined up to . and including termination, depending on the circumstances . . . .

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F. CHALLENGES TO CONFIRMED POSITIVE TEST RESULTS
DOT Testing – 49 CFR Part 40 Regulations
a. Upon receipt of a verified positive drug test result, the City will immediately remove the employee involved from performing safety-sensitive functions. The City will take this action upon receiving the initial report of the verified positive test result. b. On positive or refusal to test, the MRO will explain the split specimen testing process to the employee.
c. Employee has 72 hours after verification to request testing of split specimen; employee will be responsible for the cost of the split specimen testing. Funds for this may be held from employee’s last paycheck.
d. When the employee makes a timely request for a test of the split specimen, the MRO immediately provides written notice to the laboratory that tested the primary specimen, directing the laboratory to forward the split specimen to a second laboratory certified also by the United States Department of Health and Human Services (HHS).

G. CONFIDENTIALITY OF DRUG TESTING INFORMATION
All written reports and related information received by the City, laboratories, employee assistance programs, drug and alcohol rehabilitation programs and their agents will be held in strictest confidence and will not be disclosed except in accordance with Federal Statutes or otherwise legally disclosed. Release of such information under any other circumstance shall be solely pursuant to a written consent form signed voluntarily by the person tested. Information on drug test results shall not be released or used in any criminal proceeding against the employee or job applicant.

Agents of theCity and the laboratory conducting a drug test will, however, have access to drug test information when consulting with legal counsel in connection with actions brought against them when the information is relevant to its defense in a civil or administrative matter.

H. CONFIDENTIAL REPORTING OF MEDICATION USE
The City recognizes that most people will require the use of medication at some point to address illness or medical conditions. Employees must realize, however, that many medications will alter or affect a drug test. An employee could possibly test positive for a drug when taking medications prescribed by a doctor or bought over the counter at a pharmacy. Many medications that are known to alter or affect a drug test are listed in Section M. The name of the testing laboratory and MRO are listed in Section N. Employees who want more technical information about medications may consult the testing laboratory or the MRO. To avoid the potential problems created by a false test result, the City has implemented procedures to enable employees to confidentially report the use of medications. Employees may record the use of medications on the back of their copy of the chain of custody form after their specimen is collected and discuss only with the MRO.

I. EMPLOYEE ASSISTANCE PROGRAM
TheCity maintains an Employee Assistance Program (EAP) that consists of referring employees with drug or alcohol problems to local rehabilitation centers. Any costs of outside services are, however, the employee's responsibility. . . . .

Item 6 Page 13 of 69

Any employee who has not previously tested positive for drug or alcohol use and has not yet entered a drug and/or alcohol abuse rehabilitation program, may seek assistance for drug and alcohol use or misuse before they lead to disciplinary actions. Seeking a referral after a positive drug or alcohol test, however, will not in any way excuse the employee from disciplinary action required by violations of this policy.

No employee will be discharged, disciplined or discriminated against solely upon the employee's voluntarily seeking treatment for a drug/alcohol related problem if the employee has not previously tested positive for drug use, entered an employee assistance program for drug related problems, or entered an alcohol and drug rehabilitation program.

Through the EAP, the City will attempt to provide appropriate referral to drug and alcohol abuse rehabilitation programs.

If an employee wishes to pursue help through the EAP or wishes to contact a SAP, please contact the person listed in Section N for appropriate referral. Section O also has additional EAP and SAP information.

J. COMMERCIAL DRIVER’S LICENSE DRUG AND ALCOHOL CLEARINGHOUSE FMCSA regulations for the Commercial Driver's License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse) were effective January 6, 2020. Motor carriers, designated service agents, medical review officers and substance abuse professionals are required to submit a variety of drug and alcohol test-related records to the clearinghouse. For more Clearinghouse information, visit:
https://clearinghouse.fmcsa.dot.gov/ . Drivers are encouraged to seek substance abuse treatment if they currently have a problem with the misuse of alcohol and/or controlled substance(s).

A copy of the City’s policy and plan for compliance with the Commercial Driver's License (CDL) Drug and Alcohol Clearinghouse (Clearinghouse) is available on request from the CITY DER.

K. FEDERAL AND STATE LAWS AND REGULATIONS
Nothing in this statement of policy shall be presumed to override, amend or change any requirements of State and/or Federal law. In the event any of the provisions of this policy conflict with applicable laws and regulations, such laws and regulations will be deemed to control.

L. AMENDMENT AND SEVERABILITY
The City may amend this policy in any and all respects at any time. If any provision of this policy or the application thereof to any party or circumstance is held invalid or unenforceable, the remainder of the terms of this policy and the application of any invalid or unenforceable provisions to other parties or circumstances will not be affected thereby, and to this end the provisions of this policy are severable. . . . .

Item 6 Page 14 of 69

M. SUBSTANCES WHICH COULD ALTER OR AFFECT THE OUTCOME OF A DRUG TEST
(BRAND NAMES AND COMMON NAMES)

1. AMPHETAMINES: Abetrol, Biphetamine, Desoxyn, Dexedrine, Didrex

2. CANNABINOIDS: Marinol (Dronabinol, THC), Marijuana, Hash Pot

3. COCAINE: Cocaine HCI topical solution (Roxanne), Crack, Coke

4. PHENCYCLIDINE: Not legal by prescription; PCP, Angel Dust

5. OPIATES: Paregoric, Parepectolin, Donnagel PG, Morphine, Tylenol with Codeine, Empirin with Codeine, APAP with Codeine, Aspirin with codeine, Robitussin AC, Guiatuss AC, Novahistine DH, Novahistine Expectorant, Dilaudid (Hydromorphone), M-S Contin and Roxanol (morphine sulfate), Opium, Heroin, OxyContin, Percodan, Percocet, Vicodin, Lortab, Norco, Dilaudid, and Exalgo

6. METHAQUALONE: Not legal by prescription

7. BARBITURATES: Phenobarbital, Tuinal, Amytal, Nembutal, Seconal, Lotusate, Fiorinal, Firoicet, Esgic, Butisol Mebaral, Butabarbital, Butabital

8. METHADONE: Dolphine, Methadose

9. BENZODIAZEPINES: Ativan, Azene, Clonopin, Dalmane, Diazepam, Librium, Xanax, Serax, Tranxene, Valium, Verstran, Halcion, Paxipam, Restoril, and Centrax

10. PROPOXYPHENE: Darvocet, Darvon N, Dolene, Etc.

11. ALCOHOL: Alcoholic beverages and Liquid medications containing ethyl alcohol (ethanol). Please read the label for alcohol content. As an example, Vick's Nyquil is 25% (50 proof) ethyl alcohol; Comtrex is 20% (40 proof); Contac Severe Cold Formula Night Strength is 25% (50 proof) and Listerine is 26.9% (54 proof).

Other Drugs which may or may not be listed above:

Meperidine (Demerol)
Quinine
Methamphetamine, Meth
Hydromorphone (Dilaudid)
Phenothiazines
Phenmetrazine (Preludin)
Pentazocine (Talwin)
Amitriptlyine/Nortriptyline
(Elavil)
Ecstasy, MDMA/MDA
Fentanyl
K2, Spice, Bath Salts
Phenobarbital
Imipramine/Desipramine
Hydroxyzine (Vistaril)
Doxepin (Sinequan/Adapin)
Hydrocodone (Hycodan)
Phentermine
Meperidene
Other Barbiturates (specific
identity not differentiated,
includes: Amobarb, Pentobarb,
Secobarb, Butalbital, etc.)
Diazepam (Valium)
Ativan and/or Dalmane
Clonazepam (Klonopin)
Meprobamate (Equanil)
Glutethimide (Doriden)
Ethchlorvynol (Placidyl) Fenfluramine
Tramadol
Other Benzodiazepines
(specific identity not
differentiated, includes:

Librium, Larazepam)
Also including synthetic or designer drugs and other drugs not yet classified by the federal government as illegal under the Controlled Substances Act. . . . .

Item 6 Page 15 of 69

City of Vernon
N. DRUG & ALCOHOL TESTING POLICY- INFORMATION AND REVISION SHEET Company Designated Employer Representative (DER)– This is the Program Administrator, the person in charge of the drug/alcohol testing program. This representative must remove employees from a Safety Sensitive position upon a violation of the DOT rules and regulations for drug & alcohol testing.

DER Name: Michael A. Earl
Company Location: City of Vernon
4305 Santa Fe Ave.

Vernon, CA 90058
323-583-8811 Ext. 239
TPA Service Agent: Quality Consortium Services
(507) 838-3080
Drug Testing Laboratory: LabOne, Inc.
d/b/a Quest Diagnostics
10101 Renner Blvd.

Lenexa, KS 66219
Phone: 913-888-3927
800-873-8845
Alere Toxicology Services
1111 Newton St.

Gretna, LA 70059
Phone: 504-361-8989
800-433-3823
Drug & Alcohol Collections
Coordinated by:

Quality Consortium Services
(507) 838-3080
Medical Review Officer
(MRO):

Dr. Brian N. Heinen
151 Leon Ave.

Eunice, LA 70535
Phone: 888-382-2281
Substance Abuse
Professional (SAP):

American Substance Abuse Professionals
711 W. 40th Street, Suite 235
Baltimore, MD 21211
888-792-2727
National Substance Abuse Professionals Network 1-800-879-6428 Employee Assistance
Program (EAP):

Anthem PRISM
See section O of this Policy for EAP information
For EAP (Employee Assistance) Referral: Attached to this policy is also a list of referral sources (Section O). For required SAP referral speak to the DER listed above and/or the SAP listed above. . . . .

Item 6 Page 16 of 69

O. NATIONAL HOTLINE NUMBERS
Employee Assistance Program
DOT regulated employee testing positive, or refusal to test must be referred to a Substance Abuse Professional (SAP):

American Substance Abuse Professionals, Inc.
888-792-2727
National Substance Abuse Professionals
Network 1-800-879
-6428
Anthem PRISM (833) 954-1067
The following organizations and resources provide confidential assistance to individuals who have, or know someone who has, a problem with alcohol or other drugs.

Substance Abuse Treatment Locator www.findtreatment.gov Phone: 1-800-662-4357 / 1-800-662-9832 (Español) / 1-800-228-0427 (TDD) This Substance Abuse and Mental Health Services Administration (SAMHSA) Web site and toll-free phone line help individuals locate drug and alcohol abuse treatment programs in their communities.

Other National Hotlines & National Assistance Groups:

Drug & Alcohol Abuse Hotline 1-800-252-6465
Drug Addiction Referral Hotline1-800-758-5877
Alcoholics Anonymous1-800-344-2666
Narcotics Anonymous1-818-773-9999
AL-ANON Family Group Headquarters1-800-356-9996
Child Help's - National Child Abuse Hot Line1-800-422-4453 M.A.D.D.1-800-438-6233
S.A.D.D.1-508-481-3568
Families Anonymous1-800-736-9805
National Runaway Switchboard1-800-621-4000
National Institute on Drug Abuse (NIDA)1-301-443-1124
National Suicide Prevention Lifeline1-800-273-8255
National Council on Alcoholism & Drug Dependence Hopeline1-800-622-2255 National Clearing House for Alcohol & Drug Information1-800-729-6686 Employees may also speak with the City representative identified in Section N for additional Employee Assistance Program (EAP) information or required referral to a Substance Abuse Professional. . . . .

Item 6 Page 17 of 69

EXHIBIT I
City of Vernon

DRUG & ALCOHOL TESTING POLICY
Random Testing
a. Certain categories of workers are required to undergo random drug testing to ensure continued fitness for duty as required by the US DOT guidelines.
b. Random drug testing will be performed at a rate of 50% of the qualified workers per year for FMCSA. Random alcohol testing should be conducted at an annualized rate of 10% of the qualified workers for FMCSA.
c. After notification, it is the responsibility of the employee to provide the urine specimen within the allotted time. Failure to comply with a request for a random specimen will result in the immediate medical disqualification of the employee, resulting in the employee being unable to perform assigned job duties. This may result in discipline up to and including termination. d. At the time of notification, the donor will be instructed to go directly to the designated collection site. The employee will notify the collection site personnel that he/she has been selected for a random test and that they are ready to provide a urine specimen for a drug test and/or a breath specimen for an alcohol test. Saliva may be requested for the initial alcohol test, a breath specimen will be used to confirm a positive alcohol test.

The employee will need to bring to the designated collection site a drug testing chain of custody form and if selected for alcohol an alcohol testing form (BAT form). . . . .

Item 6 Page 18 of 69

EXHIBIT II
City of Vernon

DRUG & ALCOHOL TESTING POLICY
Post Accident Testing
a. Certain employees are required to submit to post-accident urine drug testing as required by the US DOT guidelines.
b. An employee will submit a specimen for a drug test as soon as possible from the time of the reportable accident but no later than 32 hours after the time of the accident as defined in the table below. Alcohol testing must be conducted as soon as possible from the time of the reportable accident but no later than eight (8) hours from the time of the accident. The employee is prohibited from consuming alcohol for eight (8) hours following an accident. c. If the employee is injured, the City retains the right to contact any treating medical facility and request that a controlled substance and alcohol test be obtained, or to obtain from the employee’s medical records, the result of any such test obtained during the course of treatment.

The refusal of any employee to allow the collection of these specimens or to attempt to block the release of said specimen will result in the immediate medical disqualification of the employee.
d. No driver required to take a post-accident alcohol test under 49 CFR Section 382.303 Post- Accident Testing shall use alcohol for eight (8) hours following the accident or until he/she undergoes a post-accident alcohol test, whichever occurs first. e. An employee who fails to report an accident to the City and who fails to comply with the post- accident requirements of this policy will be presumed to be positive for the presence of a controlled substance resulting in the medical disqualification from City employment.

The following table notes when a FMCSA DOT post-accident test is required:

Type of accident involved Citation issued to the CMV
driver
Test must be performed by
employer
Human fatality YES
NO
YES
YES
Bodily injury with immediate
medical treatment away from
the scene
YES
NO
YES
NO
Disabling damage to any
motor vehicle requiring tow
away
YES
NO
YES
NO
This table has been reproduced from Federal Motor Carrier Safety Administration 49 CFR Part 382 rules for Controlled Substances and Alcohol Use and Testing.

Post Accident testing may be required under City Policy even when FMCSA regulations do not require such testing. This would be non-DOT testing. . . . .

Item 6 Page 19 of 69

Notice to Applicants and Employees

REQUIRED DRUG TESTING IS FOR THE
FOLLOWING FIVE DRUGS: ♦ Marijuana ♦ Cocaine ♦ Phencyclidine (PCP) ♦ Opiates – Codeine, Morphine, Heroin
♦ Amphetamines - Methamphetamine,
MDMA (Ecstasy)
Alcohol is tested for when required: ♦ Saliva Screening ♦ Breath Alcohol Testing

CITY DESIGNATED EMPLOYER
REPRESENTATIVE (DER) – ALL

QUESTIONS REGARDING THE DRUG &

ALCOHOL TESTING PROGRAM
DER: Michael A. Earl
CITY LOCATION:

City of Vernon
4305 Santa Fe Ave.

Vernon, CA 90058
323-583-8811 ext. 239

DRUG OR ALCOHOL TREATMENT

PROGRAMS
SAMHSA (Substance Abuse Treatment
Facility Locator)
http://findtreatment.gov/ 1-800-662-HELP (4357)
Alcohol & Drug Referral Hot Line
1-800-252-6465

SUBSTANCE ABUSE PROFESSIONAL
(Employee must be referred after violation of DOT
drug/alcohol policy):

American Substance Abuse Professionals, Inc.
711 W 40th Street, Suite 235
Baltimore, MD 21211
888-792-2727
National Substance Abuse Professionals
Network
1-800-879-6428
It is the policy of The City of Vernon
that there is no place for those who
use illegal drugs or who abuse
legitimate drugs or who have become
dependent upon any chemical
substance including alcohol.

The City intends to be in compliance
with the DOT regulations concerning
drug abuse and alcohol misuse which
includes a program of random
urinalysis testing for illicit drug use
and a program for random alcohol
testing.

Employees who refuse to test or
have a confirmed positive test for
drugs or alcohol will be removed
from their safety sensitive position
and are subject to dismissal,
discipline or transfer to a non-
covered position.
. . . .

Item 6 Page 20 of 69

This Page Intentionally Left Blank
. . . .

Item 6 Page 21 of 69

City of Vernon

DRUG & ALCOHOL TESTING POLICY RECEIPT
I hereby acknowledge that I have received a copy of the City’s Drug & Alcohol Testing Policy. I also acknowledge that I have received a full and complete explanation of the Program, including all policies and the availability of an Employee Assistance Program.

I have had the terms and conditions of theCity’s Drug & Alcohol Testing Policy explained to me, and I freely and voluntarily consent to submit to drug and alcohol screening or testing as set forth in the City’s Policy. I understand that violation of any provision of this policy may lead to disciplinary action up to and including termination of employment, and that I may forfeit my unemployment and/or workers’ compensation benefits.

I understand the City has developed a policy in conformity with DOT Regulations 49 CFR Part 40 regarding the illegal use of drugs and the abuse of alcohol. A copy of these Federal Regulations is on file with City’s Designated Employer Representative (DER) for review at any time during normal working hours.

I further agree to and hereby authorize the release of the results of said tests to the City’sMedical Review Officer and as set forth in the City drug and alcohol testing policy.

Finally, I agree that neither the issuance of these policies, nor the acknowledgment of its receipt, constitutes or implies a contract of employment or a guaranteed right to recall. __________________ __________________________________________ Date Received Employee Signature
__________________________________________
Employee Print Name & Employee Number
___________________ __________________________________________ Date Witness Signature
_________________________________________
Witness Print Name & Title
. . . .

Item 6 Page 22 of 69
City of Vernon, California
Human Resources Policies and Procedures
__________________________
Director of Human Resources
__________________________
City Administrator
Number: III-9 Effective Date: __________________
U.S. Department of Transportation (DOT) – Pipeline and Hazardous Material Safety Administration (PHMSA) Anti-Drug and Alcohol Misuse Prevention Policy Revision Date:
. . . .

Item 6 Page 23 of 69

Please PostIMPORTANT INFORMATION FOR PHMSA DRUG & ALCOHOL TESTING POLICY Notice to Applicants and Employees

REQUIRED DRUG TESTING IS FOR THE
FOLLOWING FIVE DRUGS: ♦ Marijuana ♦ Cocaine ♦ Phencyclidine (PCP) ♦ Opiates – Codeine, Morphine, Heroin
♦ Amphetamines - Methamphetamine,
MDMA (Ecstasy)
Alcohol is tested for when required: ♦ Saliva Screening ♦ Breath Alcohol Testing

CITY DESIGNATED EMPLOYER
REPRESENTATIVE (DER) – ALL

QUESTIONS REGARDING THE DRUG &

ALCOHOL TESTING PROGRAM
DER: Michael A. Earl

CITY LOCATION:

City of Vernon
4305 Santa Fe Ave.

Vernon, CA 90058
323-583-8811 Ext. 239

DRUG OR ALCOHOL TREATMENT

PROGRAMS
SAMHSA (Substance Abuse Treatment
Facility Locator)
http://findtreatment.gov/
1-800-662-HELP (4357)
Alcohol & Drug Referral Hot Line
1-800-252-6465

SUBSTANCE ABUSE PROFESSIONAL
(Employee must be referred after violation of DOT
drug/alcohol policy):

American Substance Abuse Professionals, Inc.
711 W 40th Street, Suite 235
Baltimore, MD 21211
888-792-2727
National Substance Abuse Professionals
Network
1-800-879-6428
It is the policy of The City of Vernon
that there is no place for those who
use illegal drugs or who abuse
legitimate drugs or who have become
dependent upon any chemical
substance including alcohol.

The City intends to be in compliance
with the DOT regulations concerning
drug abuse and alcohol misuse which
includes a program of random
urinalysis testing for illicit drug use
and a program for random alcohol
testing.

Employees who refuse to test or
have a confirmed positive test for
drugs or alcohol will be removed
from their safety sensitive position
and are subject to dismissal,
discipline or transfer to a non-
covered position.
. . . .

Item 6 Page 24 of 69

DEPARTMENTOFTRANSPORTATION (DOT)

PIPELINE & HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) ANTI-DRUG and ALCOHOL MISUSE PREVENTION POLICY
Table of Contents
STATEMENT OF POLICY AND SCOPE........................................................................................ 4 APPLICABILITY .......................................................................................................................... 4 DEFINITIONS - DEFINITIONS RELATED TO 49 CFR PART 199 AND PART 40 ............................ 5 DESIGNATED EMPLOYER REPRESENTATIVE(DER) ................................................................. 7 DOT VERSUS NON-DOT TESTS AND EMPLOYEES: ................................................................... 7 ANTI-DRUG AND ALCOHOL MISUSE PLAN............................................................................... 9 USE OF PERSONS WHO FAIL OR REFUSE A DRUG OR ALCOHOL TEST.................................... 9 DRUG COLLECTION PROCEDURES............................................................................................ 9 COLLECTION PROCEDURES – ALCOHOL................................................................................. 12 DRUG AND ALCOHOL TESTSREQUIRED................................................................................. 15 DRUG TESTING LABORATORY ................................................................................................ 18 MEDICAL REVIEW OFFICER REVIEW OF DRUG TESTING RESULTS...................................... 19 EMPLOYEE ASSISTANCEPROGRAM........................................................................................ 23 REPORTING OF ANTI-DRUG AND ALCOHOL TESTING RESULTS (MIS REPORTS)................. 23 PROHIBITIONS:......................................................................................................................... 26 REFUSAL TO TEST OR FAILED A DRUG/ALCOHOL TEST ........................................................ 27 CONSEQUENCES OF PROHIBITEDCONDUCT.......................................................................... 27 REFERRAL, EVALUATION, ANDTREATMENT......................................................................... 28 CONFIDENTIALITY FOR DRUG AND ALCOHOL TEST INFORMATION.................................... 29 RECORDKEEPING..................................................................................................................... 30 ALCOHOL EDUCATION SUPPLEMENT .................................................................................... 31 FREQUENTLY ASKED QUESTIONS AND ANSWERS................................................................ 34 APPENDIX A - INFORMATION AND REVISION SHEET ............................................................ 38 APPENDIX B – THIRD PARTY PROVIDERS .............................................................................. 39 APPENDIX C - EMPLOYEE ASSISTANCE PROGRAM ............................................................... 40 APPENDIX D - DRUG PANEL .................................................................................................... 41 APPENDIX E – PREVIOUS EMPLOYER REQUEST..................................................................... 42 APPENDIX F - POST-ACCIDENT GUIDELINES.......................................................................... 44 APPENDIX G - REASONABLE CAUSE/SUSPICION GUIDELINES FOR SUPERVISORS.............. 46

ACKNOWLEDGEMENT OF RECEIVING ANTI-DRUG AND ALCOHOL MISUSE PREVENTION POLICY...................................................................................................................................... 47 . . . .

Item 6 Page 25 of 69

STATEMENT OF POLICY AND SCOPE
The City of Vernon has a legal responsibility to comply with the United States Department of Transportation (DOT) regulations regarding testing of certain City employees. DOT Regulations 49 Code of Federal Regulations (CFR) Part 40 (DOT Regulation) are on file with the City’s Designated Employer Representative (DER) for review at any time during normal working hours.

To comply with its legal duty, the City cannot condone and will not tolerate any of the following behaviors by its employees:
a. Use of illicit drugs.
b. Abuse of legal drugs (prescription or over-the-counter). c. Abuse of alcohol.
d. Sale, purchase, transfer or use or possession of illegal drugs or prescription drugs obtained illegally.
e. Arrival for work under the influence of drugs or alcohol. f. Consuming illicit drugs or alcohol while working.

Within this Drug/Alcohol Testing Policy, certain elements are required because the City is regulated by the DOT. In addition, certain policy elements, mostly related to specific personnel actions or this City’s drug-free workplace regulations or City Policy, reflect requirements of the City but are not required by DOT. With regard to those employees governed by DOT regulations, federal regulations shall be considered as preempting any inconsistent City policy, state or local law or regulation.

All provisions and requirements of Federal Regulations 49 CFR Part 40 (DOT Regulation) and 49 CFR Part 199 (PHMSA Regulation) are adopted as a component of this City policy and the City will enforce all provisions and requirements of these regulations. These regulations are located at:
https://www.phmsa.dot.gov/pipeline/drug-and-alcohol/drug-and-alcohol-regulations. All references to statutes in this policy include all regulations made thereunder and any applicable amendments to the statute or regulations.

Operators of pipeline facilities subject to 49 CFR Parts 192, 193, and/or 195 are required to test covered employees for the presence of prohibited drugs and alcohol. Pipeline operators are also required to ensure that contractors are in compliance with Part 199.

APPLICABILITY
This policy applies to any person who performs on a pipeline or liquefied natural gas (LNG) facility an operation, maintenance, or emergency-response function.

The anti-drug and alcohol program required by this policy must be conducted according to the requirements of 49 CFR Part 199 and Part 40 procedures. Terms and concepts used in this policy have the same meaning as in DOT Procedures. Violations of DOT Procedures with respectto anti-drug and alcohol programs required by this policy are violations of this policy. . . . .

Item 6 Page 26 of 69

DEFINITIONS - DEFINITIONS RELATED TO 49 CFR PART 199 AND PART 40 Definitions found in 49 CFR Parts 192, 193 and 195 are incorporated by reference as used in this policy and include the following:

Accident means an incident reportable under Part 191 of CFR Title 49 involving gas pipeline facilities or LNG facilities, or an accident reportable under Part 195 involving hazardous liquid pipeline facilities.

Incident
1) An event that involves a release of gas from a pipeline, or of liquefied natural gas, liquefied petroleum gas, refrigerant gas, or gas from an LNG facility, and that results in one or more of the following consequences:
a) A death, or personal injury necessitating in-patient hospitalization; b) Estimated property damage of $122,000 or more, including loss to the operator and others, or both, but excluding cost of gas lost;
c) Unintentional estimated gas loss of three million cubic feet or more; 2) An event that results in an emergency shutdown of an LNG facility. Activation of an emergency shutdown system for reasons other than an actual emergency does not constitute an incident. 3) An event that is significant in the judgment of the operator, even though it did not meet the criteria of paragraphs (1) or (2) of this definition.

Reporting Accidents
An accident report is required for each failure in a pipeline system in which there is a release of the hazardous liquid or carbon dioxide transported resulting in any of the following:
1) Explosion or fire not intentionally set by the operator. 2) Release of 5 gallons (19 liters) or more of hazardous liquid or carbon dioxide, except that no report is required for a release of less than 5 barrels (0.8 cubic meters) resulting from a pipeline maintenance activity if this release is:
a)Not otherwise reportable under this section;
b) Not one described in §195.52(a)(4);
c) Confined to City property or pipeline right-of-way; and d) Cleaned up promptly (with little or no delay, immediately); 3) Death of any person.
4) Personal injury necessitating hospitalization;
5) Estimated property damage, including cost of clean-up and recovery, value of lost product, and damage to the property of the operator or others, or both, exceeding $50,000.

Administrator means the Administrator or the Pipeline and Hazardous Materials Safety Administration or his or her delegate.

BAT means Breath Alcohol Technician.

City means the employer who has promulgated this policy. . . . .

Item 6 Page 27 of 69

Control room means an operations center staffed by personnel charged with the responsibility for remotely monitoring and controlling a pipeline facility.

Controller means a qualified individual who remotely monitors and controls the safety-related operations of a pipeline facility via a SCADA system from a control room, and who has operational authority and accountability for the remote operational functions of the pipeline facility.

Covered employee, employee, or individual to be tested (or applicant) means a person who performs a covered function, including persons employed by operators, contractors engaged by operators, and persons employed by such contractors.

Consortium/Third Party Administrator or C/TPA means the service agent; a vender contracted to assist the City with the administration of the PHMSA regulated ANTI-DRUG and ALCOHOL MISUSE

PREVENTION POLICY
Covered function means an operations, maintenance, or emergency-response function regulated by 49 CFR Parts 192, 193, or 195 that is performed on a pipeline or on an LNG facility.

DER means Designated Employer Representative.

DOT Procedures means the Procedures for Transportation Workplace Drug and AlcoholTesting Programs published by the Office of the Secretary of Transportation in 49 CFR Part 40.

Fail a drug test means that the confirmation test result shows positive evidence of the presence under DOT Procedures of a prohibited drug in an employee's system.

MRO means Medical Review Officer.

Operator means a person who owns or operates pipeline facilities subject to Parts 192, 193, or 195.

Pass a drug test means that initial testing or confirmation testing under DOT Procedures does not show evidence of the presence of a prohibited drug in a person's system.

Performs a covered function includes actually performing, ready to perform, or immediately available to perform a covered function.

Person means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof.

PHMSA means the Pipeline & Hazardous Materials Safety Administration (PHMSA) and agency of the United States Department of Transportation (DOT).

Pipeline or pipeline system means all parts of a pipeline facility through which a hazardous liquid or carbon dioxide moves in transportation, including, but not limited to, line pipe, valves, and other appurtenances connected to line pipe, pumping units, fabricated assemblies associatedwith pumping units, metering and . . . .

Item 6 Page 28 of 69

delivery stations and fabricated assemblies therein, and breakout tanks.

Pipeline facility means new and existing piping, rights-of-way, and any equipment, facility, or building used in the transportation of gas or in the treatment of gas during the course of transportation.

Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under this policy plus the number of refusals of random drug tests required by this policy, divided by the total number of random drug tests results (i.e., positives, negatives, and refusals) required by this policy.

Prohibited drug means any of the following substances specified in Schedule I or Schedule II of the Controlled Substances Act (21 U.S.C. 812): marijuana, cocaine, opiates, amphetamines, and phencyclidine (PCP).

Refuse to submit, refuse, or refuse to take means behavior consistent with DOT Procedures concerning refusal to take a drug test or refusal to take an alcohol test.

State agency means an agency of any of the several states, the District of Columbia, or Puerto Rico that participates under the pipeline safety laws (49 U.S.C. 60101 et seq).

STT means Screening Test Technician.

DESIGNATED EMPLOYER REPRESENTATIVE(DER)
Appendix A contains the name, address, and phone number of the responsible individual(s) who ensure(s) adherence to the policy and requirements will be met. The DER shall be responsible for the preparation of an ANTI-DRUG and ALCOHOL MISUSE PREVENTION POLICY which complies with requirements of the Department of Transportation regulations as set forth in 49 CFR Part 199 and 49 CFR Part 40. The DER shall be responsible for providing oversight and evaluation on the plan; providing guidance and counseling; reviewing of all discipline applied under this plan for consistency and conformance to human resources policies and procedures; scheduling for types of testing (random, post-accident, reasonable suspicion, etc.); maintaining a locked file system on all test results; and overseeing the referral of employees for evaluation and treatment. The City of Vernon shall ensure that all covered employees are aware of the provisions and coverage of the City's ANTI-DRUG and ALCOHOL MISUSE PREVENTIONPOLICY and that all employees are notified prior to testing that such a test is required by Part 199.

The position of DER shall be held by an employee of the City and not outsourced to a Service Agent.

DOT VERSUS NON-DOT TESTS AND EMPLOYEES:

DOT-PHMSA Covered Employees include: Electric Operator, Electric Operator, Sr., Utilities Dispatcher, Utilities Dispatcher Sr., Chief Utilities Dispatcher, Utilities Dispatcher Trainee, Utilities Operations Trainee, Gas Systems Specialist, Gas Systems Specialist, Lead, Gas Systems Superintendent, Gas Systems Technician, Electric Operations Supervisor, Utilities Operations Supervisor, and Utilities Operations Manager. These positions are considered operations, maintenance, or emergency-response. . . . .

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8 of 47
Supervisor positions that require supervisor training for reasonable cause/suspicion determinations include: Chief Utilities Dispatcher, Gas Systems Superintendent, Electric Operations Supervisor, Utilities Operations Supervisor, and Utilities Operations Manager.

Covered Position Employee Position Supervisor Position
Electric OperatorX
Electric Operator, Sr.X
Utilities Dispatcher, X
Utilities Dispatcher, Sr.X
Chief Utilities DispatcherXX
Utilities Dispatcher TraineeX
Utilities Operations TraineeX
Gas Systems SpecialistX
Gas Systems Specialist, LeadX
Gas Systems SuperintendentXX
Gas Systems TechnicianX
Electric Operations SupervisorXX
Utilities Operations SupervisorXX
Utilities Operations ManagerXX
This policy does not preclude the City from adding or deleting covered classifications as needed or required.

The City will require annual written verification by applicable contractors or subcontractors of their compliance with 49 CFR Part 199 and 49 CFR Part 40 from contractors or subcontractors who perform covered functions and conduct drug testing, education and training as part of the Anti-Drug Program [§199.115].

The contractor must allow access to property and records by the operator, the Administrator, any DOT agency with regulatory authority over the operator or covered employee, and if the operator is subject to the jurisdiction of a state agency, a representative of the state agency for the purpose of monitoring the operator's compliance with the requirements of Part 199 and Part 40 [§199.245(c)].

The City when utilizing applicable contractors or subcontractors who perform covered functions and conduct alcohol testing, education and training as part of the Alcohol Misuse Prevention Program [§199.245], but separate from the employer, will require annual written verification by applicable contractors or subcontractors to ensure compliance with Part 199 and Part 40.

DOT tests are completely separate from non-DOT tests in all respects.

DOT testing is conducted and completed before a non-DOT test is begun. No excess urine is left over from a DOT drug test to be used for a non-DOT test. The results of a DOT alcohol test are not used for a non-DOT alcohol testing situation.

The City may test for additional drugs but it will not be performed on the DOT test submitted by the employee. A completely separate void is provided for a test where additional substances are to be tested . . . .

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under the City’s authority.

In the event a non-DOT test has a different result than the DOT test, the City, Services Agent or MRO are not permitted to change or disregard the results of DOT tests based on the results of non-DOT tests. DNA testing will not be conducted on the DOT test nor shall the laboratory allow this to happen.

This City is prohibited by DOT to use the Federal Drug Testing Custody and Control Form (CCF) or the Alcohol Testing Form (ATF) in the City’s non-DOT drug and alcohol testing programs. This prohibition includes the use of the DOT forms with references to DOT programs and agencies crossed out. The City also must always use the CCF and ATF for all DOT- mandated drug and alcohol tests.

ANTI-DRUG AND ALCOHOL MISUSE PLAN
The City maintains and follows the requirements of PHMSA and DOT by issuance of this drug plan. It contains:

1. Methods and procedures for compliance with all the requirements of PHMSA, including the employee assistance program;

2. The name and address of each laboratory that analyzes the specimens collected for drug testing;

3. The name and address of the City’s Medical Review Officer, and Substance Abuse Professional; and

4. Procedures for notifying employees of the coverage and provisions of the plan.

USE OF PERSONS WHO FAIL OR REFUSE A DRUG OR ALCOHOL TEST The City may not knowingly use as an employee any person who:
1) Fails a drug or alcohol test required by PHMSA and the Medical Review Officer makes a determination under DOT Procedures;
2) Refuses to take a drug or alcohol test required by this policy.

The City will only be allowed to use employees listed in items 1 and 2 above when the employee successfully completes a return-to-duty program prescribed by a qualified Substance Abuse Professional (SAP) and:
1) Performs a return-to-duty drug and/or alcohol test and the test is negative; 2) Does not fail a drug or alcohol test following return-to-duty.

DRUG COLLECTION PROCEDURES
The employee will be asked to provide appropriate identification to the collector upon arrival at the collection site. Acceptable forms of identification include a photo identification (e.g., driver’s license, employee badge issued by the City, or any other picture identification issued by a Federal, state, or local government agency), or identification by an employer or employer representative.

If the employee cannot produce positive identification, the collector will contact the DER to verify the identity of the employee. . . . .

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The collector will explain the basic collection procedures to the employee and will review any additional instructions with theemployee. The Collector will maintain personal control over each specimen and CCF throughout the collection process and prevents unauthorized personnel from entering any part of the site in which urine specimens are collected or stored [49 CFR §40.43(d)(5) and §40.43(e)].

The collector will ask the employee to remove any unnecessary outer clothing (e.g., coat, jacket, hat, etc.) and to leave any briefcase, purse, or other personal belongings he or she is carrying with the outer clothing.

The employee can retain his or her wallet. In most cases, lockers are provided for the employee and the employee is provided the key. If the employee asks for a receipt for any belongings left with the collector, the collector must provide one.

The collector will direct the employee to empty his or her pockets and display the items to ensure that no items are present that could be used to adulterate the specimen. If nothing is there, the employee places the items back into the pockets and the collection procedure continues. If the employee refuses to empty his or her pockets, this is considered a refusal to cooperate in the testing process. The DER has the responsibility to make the final determination of a refusal to test. Refusals are considered a positive result that has the same requirements as if the employee tested positive for a drug substance.

The collector will instruct the employee to wash and dry his or her hands while the collector observes and the collector will direct the employee that they cannot wash their hands until directed to do so.

The collector will either give the employee or allow the employee to select the collection kit or collection container (if it is separate from the kit) from the available supply. Either the collector or the employee, with both present, then unwraps or breaks the seal of the kit or collection container. The collector will take precautions to ensure that unadulterated specimens are obtained and correctly identified that meet the following requirements: • Bluing agents in toilet tank and all water sources secure [§40.43(b)(1) and (2)] • Individual positively identified (photo ID, etc.) [§40.61(c)] • Proper authority contacted if individual fails to arrive at the assigned time [§40.61(a)] • The donor shall remove any unnecessary outer garments. Purses or briefcases shall remain with outer garments [§40.61(f)].
• Donor shall wash and dry his/her hands [§40.63(b)]. • To the greatest extent possible, the collector must keep an employee's collection container within view of both himself/herself and the employee between the time the employee has urinated and the specimen is sealed [§40.43(d)(2)]
• Any unusual behavior noted on the CCF [§40.63(e)]
The collector will direct the employee to go into the room used for urination and provide a specimen of at least 45 ml. The employee will be directed to not flush the toilet, and return with the specimen as soon as possible after completing the void. The collector may set a reasonable time limit for the employee to be inside the bathroom and this time frame should be explained to the employee. This is to the employees benefit as once the urine is voided in the specimen container, it begins to cool down. The specimen must be in the 90 to 100 degree Fahrenheit range to be an acceptablespecimen. . . . .

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The collector will check the temperature of the specimen as soon as the employee hands over the specimen, but no later than four minutes after the employee comes out of the restroom.

After the employee hands the collection container to the collector, the collector unwraps or opens the specimen bottles.

The collector then pours at least 30 mL of urine from the collection container into a specimen bottle and places the lid/cap on the bottle. This will be the primary specimen or "A" bottle. The collector, then pours at least 15 mL into a second bottle and places the lid/cap on the bottle. This will be the "B" bottle used for the splitspecimen.

The collector will remove the tamper-evident seals from the CCF and place them on each bottle. The collector writes the date on the seals and the employee will be asked to initial the seals. If the employee fails or refusesto initial the seals, the collector will note thisin the “Remarks” line of the CCF and complete the collection process. This is not considered a refusal to test.

The collector will now direct the employee to read, sign, and date the certification statement, and provide date of birth, printed name, and day and evening contact telephone numbers in Step 5 of Copy 2 of the CCF.

Th
e collector completes the collector’s portion of the chain of custody on the CCF.

The collector will ensure that all copies of the CCF are legible and complete and will remove Copy 5 from the CCF and give it to the employee. The collector may suggest the employee is to list any prescription or over-the-counter drugs on the employees copy of the CCF. This information may help the employee remember what medications he or she may have taken if a positive result is reported by the laboratory to the MRO.

The collector will place the specimen bottles and Copy 1 of the CCF inside the appropriate pouches of the leak-resistant plastic bag, and seals both pouches. The collector will allow the employee to wash his or her hand at this time and can now leave the collection site.

An immediate supervisor of the City shall not serve as a collector unless no other collector is available as stated in §40.31(c).

When a collection site uses a facility normally used for other purposes, the City will ensure before the collection that: (1) access to collection materials and specimens is effectively restricted; and (2) the facility is secured against access during the procedure to ensure privacy to the employee and prevent distraction of the collector. Limited-access signs will be posted [§40.43(c)].

Direct Observation UrineCollection
Federal regulations require a collector or observer to directly observe the employee while that employee provides their urine specimen if the employee’s previous urine specimen was out of normal temperature range, or the collector previously observed the employee attempting to tamper or substitute a specimen, or the employee’s previous test result was invalid due to aninterfering substance and the employee did not . . . .

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have a legitimate medical explanation, or the employee’s split specimen could not be tested following a non-negative test result. The collector (or the observer) must be of the same gender as the employee for direct observation collections. All return to duty and all follow-up testing shall be collected with direct observation.

Shy Bladder (If You Have Difficulty Providing a Urine Specimen) When the donor does not provide at least 45 milliliters of urine, the collector will follow all provisions of CFR §40.65(a) and move into a Shy Bladder process. After the employee’s first unsuccessful attempt to provide an acceptable specimen, you have up to 3 hours to produce a single specimen of sufficient volume (you cannot combine specimens).The employee is allowed to consume up to 40 ounces of fluid reasonably spread out over the 3 hours. If the employee does not provide a specimen within those 3 hours, the employee must undergo a medical evaluation to determine if there was a medical reason for their inability to do so. If a physician determines that there was nomedical reason for not providing the sample, this will be considered a refusal to test and the employee will be immediately removed from performing safety- sensitive functions and could result in termination of employment. If the employee refuses the physician evaluation, this is a refusal to test and the employee will be immediately removed from performing safety- sensitive functions and could result in termination of employment.

COLLECTION PROCEDURES – ALCOHOL
Only evidential breath testing devices (EBTs) and alcohol screening devices (ASDs) listed on the National Highway Traffic Safety Administration (NHTSA) Conforming Products List (CPL) will be used for DOT alcohol testing [CFR §40.229]. An EBT must always be used for conducting the confirmation tests [CFR §40.231(a)].

When a specific time for an employee's test has been scheduled, or the collection site is at the employee’s worksite, and the employee does not appear at the collection site at the scheduled time, the collector will contact the DER to determine the appropriate interval within which the DER has determined the employee is authorized to arrive. If the employee's arrival is delayed beyond that time, the collector will notify the DER that the employee has not reported for testing.

The DER will make the call as to whether it is a refusal to test.

Once the employee enters the alcohol testing site, the alcohol testing process should begin without undue delay. The alcohol test should be completed first if in conjunction with a DOT drug test if at all possible.

The Evidential Breath Testing Device (EBT) currently used is: RBT IV Sometimes the EBT machine is not available because it is in use. In that case a DOT urine collection can be completed first.

Reasonable suspicion and Post-accident collections should always be conducted first.

If the employee requires medical attention (e.g., an injured employee in an emergency medical facility who is required to have a post-accident test), treatment must be performed before an alcohol test can be conducted. . . . .

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The employee is to provide positive identification by way ofa photo ID issued by the employer (other than in the case of an owner-operator or other self-employer individual) ora Federal, state, or local government (e.g., a driver’s license). No fax or photocopies are allowed. Positive identification by an employer representative (not a co-worker or another employee being tested) is also acceptable. If the employee cannot produce positive identification, the DER can verify the identity of the employee.

The employee can ask for the Breath Alcohol Technician (BAT) to provide their identification to the employee. The identification must include the BAT’s name and their employer’s name but is not required to includea picture, address, or telephone number.

The BAT will explain the testing procedure to the employee, including showing the employee the instructions on the back of the ATF.

The BAT will complete Step 1 of theAlcohol Testing Form (ATF).

The BAT will direct the employee to complete Step 2 on the ATF and sign the certification. If the employee refuses to sign this certification, they will document this refusal on the “Remarks” line of the ATF and immediately notify the DER. This is a refusal to test.

The BAT will select, or allow the employee to select, an individually wrapped or sealed mouthpiece from the testing materials.

The BAT will open the individually wrapped or sealed mouthpiece in view of the employee and insert it into the device in accordance with the manufacturer's instructions.

The BAT will instruct the employee to blow steadily and forcefully into the mouthpiece for at least six seconds or until the device indicates that an adequate amount of breath has been obtained.

The BAT will show the employee the displayed test result.

If the device is one that prints the test number, testing device name and serial number, time and result, but ona separate printout rather than directly onto the ATF, the BAT must affix the printout of the information to the designated space on the ATF with tamper-evident tape or usea self-adhesive label that is tamper -
evident.

If the device is one that does not print the test number, testing device name and serial number, time, and result, or it isa device not being used witha printer, the BAT must record this information in Step3 of the ATF.

If the test result is an alcohol concentration of less than 0.02%, the BAT must sign and date Step3 of the ATF and send to the DER in a confidential manner.

If the test result has an alcohol concentration of 0.02% or higher the BAT must direct the employee to take a confirmation test.

There must bea waiting period of 15 minutes before the confirmation test can be conducted. . . . .

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The BAT will instruct the employee to not to eat, drink, put anything (e.g., cigarette, chewing gum) into his or her mouth, or belch.

The reason for the waiting period is to prevent an accumulation of mouth alcohol from leading to an artificially high reading; that following the BATs instructions concerning the waiting period is to the employee's benefit; and that the confirmation test will be conducted at the end of the waiting period, even if the instructions have not beenfollowed.

Once the waiting period has begun, the BAT conducting an alcohol confirmation test must follow these steps in order to complete the confirmation test process:

In the presence of the employee, BAT must conduct an air blank on the EBT they are using before beginning the confirmation test and show the reading to the employee. 1) If the reading is 0.00, the test may proceed. If the reading is greater than 0.00, the BAT will conduct another air blank.
2) If the reading on the second air blank is 0.00, the test may proceed. If the reading is greater than

0.00, the BAT must take the EBT out of service.

The BAT will opena new individually wrapped or sealed mouthpiece in view of the employee and insert it into the device in accordance with the manufacturer's instructions.

The BAT will read and instruct the employee to read the unique test number displayed on the EBT.

The BAT will instruct the employee to blow steadily and forcefully into the mouthpiece for at least six seconds or until the device indicates that an adequate amount of breath has been obtained.

The BAT will show the employee the result displayed on the EBT.

The BAT will show the employee the result and unique test number that the EBT prints out either directly onto the ATF or onto a separateprintout.

If the EBT providesa separate printout of the result, the BAT will attach the printout to the designated space on the ATF with tamper-evident tape, or usea self-adhesive label that is tamper-evident.

After the EBT has printed the result of an alcohol confirmation test, the employee and the BAT will:
1) Sign and date Step 3 of the ATF.
2) If the alcohol confirmation test result is lower than 0.02%, nothing further is required of the employee. They will sign and date Step 3 of the ATF.
3) If the alcohol confirmation test result is 0.02% or higher, the BAT will direct the employee to sign and date Step 4 of the ATF. If the employee does not do so, the BAT will note this on the “Remarks” line of the ATF. However, this is not considered a refusal to test. 4) If the test is invalid, the BAT will tell the employee the test is cancelled and note the problem on the “Remarks” line of the ATF. If practicable, conduct a re-test. . . . .

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5) The BAT will immediately transmit the result directly to the DER in a confidential manner.

When an employee is unable to provide enough breath to complete the required breath alcohol test, instructions shall be provided so the employee can make a second attempt. A third attempt can be made along with attempting the test in a manual mode on the EBT or utilizing an ASD. If the employee is still unable to produce a sufficient amount of breath or successfully complete a manual test or saliva test, the BAT must note the fact on the “Remarks” line of the ATF and immediately notify the DER. This is a refusal to test unless a medical evaluation by a physician can document explanation for the failure. All provisions of CFR§40.261(a)(1) to (7) and CFR§40.265 shall be followed. Based on a refusal to test an employee must be removed from the safety sensitive position and can face termination of employment.

Problems that occur that can cancel an alcohol test are outlined in §40.267 and §40.269. The BAT or Screening Test Technician (STT) always has responsibility of trying to complete successfully an alcohol test for each employee. Every attempt will be made to correct any problems. A cancelled alcohol test is neither positive nor negative and cannot be used in a situation where an employee needs a test result that is below 0.02% (e.g., in the case of a return-to-duty or follow-up test to authorize the employee to perform safety-sensitive functions). The BAT or STT will immediately notify the DER of a canceled alcohol test.

When a saliva ASD is used for the initial alcohol screening, this shall be conducted by a trained and qualified STT following all procedures required by §40.261.

When an employee is unable to provide an adequate amount of saliva for testing; the employee shall be provided instructions for requiring the employee to attempt again to provide an adequate amount of saliva for testing. All provisions of §40.263 shall be followed. If the employee refuses the second request for the saliva collection, this is a refusal to test. If the employee is still unable to provide an adequate amount of saliva, then the DER must immediately arrange to administer an alcohol test to the employee using an EBT or other breath testing device.

External calibration checks and calibration will be performed at the intervals specified in the manufacturer’s instructions for any EBT used for any DOT required alcohol confirmation testing [§40.231 and §40.233]. For any EBT that is used the devices recommended Quality Assurance Plan (QAP) will be implemented. This will be verified annually of Service Agents providing breath alcohol testing services to the City.

The City or its Service Agents shall comply with the QAP and manufacturer’s instructions for the ASD that is used for saliva alcohol screening [§40.235 and §40.235(c)].

DRUG AND ALCOHOL TESTSREQUIRED
The City shall conduct the following tests per the PHMSA and DOT procedures:

Pre-Employment Testing
The City may not hire or contract for the use of any person as an employee unless that person passes a drug test or is covered by an anti-drug program that conforms to the requirements of this policy. The City shall conduct a pre-employment drug test and receive a negative result before the first performance of covered functions by every covered employee. . . . .

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The same procedure applies to a new employee or an existing employee who has transferred to a position involving the performance of covered functions.

Post-AccidentTesting
The City will be required to immediately inform the Pipeline Operator they are working for, that an accident/incident has occurred so the Pipeline Operator can make the determination that the employee either contributed to the accident or cannot be clearly ruled out as a contributing factor to the accident. The City shall provide the Pipeline Operator concrete facts of the accident. They must do this by providing information of the employees’ contribution to the accident or incident promptly to meet the timelines for testing required by the regulations.

If the Pipeline Operator makes the determination that the City’s employee performance either contributed to the accident or cannot be completely discounted as a contributing factor for the accident, then the City will perform a drug and alcohol test in accordance with the guidelines in Appendix F.

The City, having actual knowledge of an accident will remove the employee from performing covered functions and will inform the employee they are prohibited from using alcohol for eight hours or until determination has been made by the Operator as to if the employee was determined to have contributed to the accident or was not a contributing factor to the accident.

See APPENDIX F: POST-ACCIDENT GUIDELINES FOR SUPERVISORS AND EMPLOYEES Random Testing
The selection of employees for the random drug testing is made by a scientifically valid method which is a computer-based random number generator that is matched with employees' payroll identification numbers, or other comparable identifying numbers facilitated by our third-party administrator.

The City shall ensure that random drug tests conducted under this policy are unannounced and that the dates for administering random tests are spread reasonably throughout the calendar year.

Under the selection process used, each covered employee shall have an equal chance of being tested each time selections are made. This means the employee selected in the previous selection period will remain in the drug testing random program for the next selection to be performed.

The City shall randomly select and ensure that a sufficient number of covered employees are selected for testing during each calendar year to equal an annual rate not less than the minimum annual percentage rate for random drug testing determined by the Administrator. If the City elects to conduct random drug testing through a consortium, the number of employees to be tested may be calculated for each individual operator or may be based on the total number of covered employees covered by the consortium who are subject to random drug testing at the same PHMSA current minimum annual percentage rate.

Random testing shall be for drugs only; PHMSA does not authorize random alcohol testing. . . . .

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The following are the key aspects of the random testing selection process:
1) Employees remain in the random selection pool at all times, regardless of whether or not they have been previously selected for testing.
2) Employees will be selected for random testing based on the number of covered employees in the random pool at the time and the current PHMSA random testing rate. The current rate for 2023 for drug testing is 25% annually.
3) Employees shall be selected for testing by using a computer-based random number generator or equivalent random selection method that is matched with an employee's employee ID number, or other comparable identifying numbers facilitated by our third-party administrator. 4) The process will be unannounced as well as random. Employees will be notified that they have been selected for testing after they have reported for duty on the day of collection. 5) Specimen collection will be conducted on different days of the week throughout the annual cycle to prevent employees from matching their drug use patterns to the schedule for collection. 6) The list of employees that have been selected for random drug testing will be retained by the DER or his/her designee in a secure location.
7) Employees shall report immediately to the collection site once notified by a supervisor.

Reasonable Cause
The City shall drug test each employee when there is reasonable cause to believe the employee is using a prohibited drug or alcohol. The employee to be tested under DOT authority may be juststarting to perform covered functions, during performing covered functions, or just after performing covered functions. The decision to test must be based on a reasonable and articulable belief that the employee is using a prohibited drug on the basis of specific, contemporaneous physical, behavioral, or performance indicators of probable drug use. The same indicators are used for alcohol testing with the addition of speech and odor .

The PHMSA regulation requires that at least one supervisor for each operator or contractor (with 50 or fewer covered employees) must be trained in Reasonable Suspicion Awareness. This training is designed to provide supervisors information regarding the signs and symptoms of drug and alcohol misuse. One hour on drug misuse and one hour regarding alcohol misuse is required. For operators and contractors with more than 50 covered employees, a minimum of two supervisors must be trained.

At least two supervisors, one of whom is trained in detection of the symptoms of drug use; shall substantiate and concur in the decision to test an employee who is reasonably suspected of drug use CFR §199.105(d).

A supervisor making a reasonable cause determination for testing shall not serve as the BAT or STT CFR §40.211(c) and §199.225(b)(2).

See APPENDIX G: REASONABLE SUSPICION/CAUSE GUIDELINES FOR SUPERVISORS . . . .

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A Reasonable Suspicion/Cause Checklist Form is also provided for Supervisors to document reasonable suspicion/cause.

Return-to-DutyTesting
A covered employee who refuses to take or has a positive drug test, or refuses to take or has an alcohol concentration 0.04% or greater, may not return to duty in the covered function until the covered employee has complied with applicable provisions of DOT Procedures concerning substance abuse professionals and the return-to-duty process.

Per DOT regulations, the DER must direct the drug collection of the employee for a return-to-duty test be performed as a direct observation collection procedure.

If the employee does not admit to refusing or having a positive test and the City finds out from a previous employer of the employee that they did indeed refuse or tested positive, the employee will not be hired. In the event that the previous employer checks were not conducted prior to hiring the employee and the employee provides a negative pre-employment test, and then the City finds that the employee did refuse or tested positive for a drug and/or alcohol test, the employee will be terminated.

The City will not conduct a return-to-duty drug and/or alcohol test until it has received the SAP letter detailing the employees’ compliance with the rehabilitation ordered by the SAP.

Follow-Up Testing
A covered employee who refuses to take or has a positive drug testshall be subject to unannounced follow- up drug tests administered by the City following the covered employee's return to duty. The number and frequency of such follow-up testing shall be determined by a substance abuse professional, but shall consist of at least six tests in the first 12 months following the covered employee's return to duty. In addition, follow-up testing may include testing for alcohol as directed by the substance abuse professional, to be performed in accordance with 49 CFR Part 40. Follow-up testing shall not exceed 60 months from the date of the covered employee's return to duty. The substance abuse professional may terminate the requirement for follow-up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary.

Per the DOT regulations, the DER must direct the drug collection of the employee for a follow-up test be performed as a direct observation collection procedure.

DRUG TESTING LABORATORY
The City shall use for the drug testing required by the PHMSA regulation only drug testing laboratories certified by the Department of Health and Human Services (HHS) under the DOT Procedures. See Appendix A for the laboratory this City utilizes.

The laboratory tests for the drugs required by DOT regulations of drug classifications for cocaine, marijuana, opiates, amphetamines and PCP. The list of the drugs and metabolites required by DOT is in Appendix D of this policy. . . . .

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The laboratory listed in Appendix A reports all results directly to our Medical Review Officer who is listed in Appendix A through a secured mechanism designed by the Laboratory and the MRO office.

Laboratories testing the primary specimen will retain a specimen that was reported with positive, adulterated, substituted, or invalid results for a minimum of one year. The specimen must be kept in secure, long-term, frozen storage in accordance with HHS requirements [CFR §40.99 and CFR §199.111(a)]
.

The laboratory will retain all records pertaining to each employee’s urine specimen for a minimum of two years and also keeps for two years employer-specific data required in §40.111 [§40.109].

The laboratory will transmit an aggregate statistical summary, by employer, of the data listed in Appendix B to the employer on a semi-annual basis.

MEDICAL REVIEW OFFICER REVIEW OF DRUG TESTING RESULTS
MRO Appointment. The City has designated a Medical Review Officer (MRO) listed in Appendix A to verify results according to 49 CFR Part 40 regulations.

MRO Qualifications. Our MRO is a licensed physician who has the qualifications required by DOT Procedures which require the MRO to go through training and re-qualification every five years.The MRO qualification document is kept by our C/TPA and is listed on their web-site.

The City prohibits standing down an employee before the MRO has completed the drug test verification process. Completed and verified drug test results will be transmitted directly from the MRO to the City.

MRO Duties
Acts as an independent and impartial “gatekeeper” and advocate for the accuracy and integrity of the drug testing process.

Provides a quality assurance review of the drug testing processfor the specimens under the MROs purview.

This includes, but is not limited to:

Ensures the review of the CCF on all specimen collections for the purposes of determining whether there is a problem that may cause a test to be cancelled.

Provides feedback to employers, collection sites and laboratories regarding performance issues where necessary; and
Reports to and consults with the ODAPC or a relevant DOT agency when requiring DOT assistance in resolving any program issue. As an employer or service agent, are prohibited from limiting or attempting to limit the MRO's access to DOT for this purpose and from retaliating in any way against an MRO for discussing drug testing issues with DOT.

The MRO must determine whether there is a legitimate medical explanation for confirmed positive, . . . .

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adulterated, substituted, and invalid drug tests results from the laboratory.

Even though the MRO reviews employees’ test results, this does not deem that MRO has an established doctor-patient relationship with the employees whose tests the MRO reviews.

The MRO must act to investigate and correct problems where possible and notify appropriate parties (e.g., HHS, DOT, employers, service agents) where assistance is needed, (e.g., cancelled or problematic tests, incorrect results, problems with blind specimens).

The MRO must ensure the timely flow of test results and other information to employers.

The MRO must protect the confidentiality of the drug testing information.

The MRO must perform all your functions in compliance with this part and other DOT agency regulations.

Negative Results:

The City’s MRO reviews 5% of all negative drug tests outlined by the 49 CFR Part 40 regulations. The MRO staff releases all negative drug test results as allowed by the regulations. Copy 1 and Copy 2 of the Federal Custody and Control form are in hand before releasing negative results to perform a QC function in order to ensure no discrepancies have occurred.

Qualifications and requirements for acting as an MRO are set forth in 49 CFR §40.121 and incorporated herein by reference.

Negative Dilute Results:

If the MRO informs the City that a negative test was dilute, the City may take the following action depending on City policy and/or guidance provided by the MRO:
(1) If the MRO directs that a recollection take place under direct observation (i.e., because the creatinine concentration of the specimen was equal to or greater than 2mg/dL, but less than or equal to 5 mg/dL), the City will do so immediately. Failure of the employee or applicant to submit for this recollection is classified by the DOT as a refusal to test.
(2) Otherwise (i.e., if the creatinine concentration of the negative dilute specimen is greater than 5 mg/dL), the City will, for existing employees, require the employee to retest upon immediate notification and be escorted by a supervisor.
(3) Regarding a negative dilute (greater than 5 mg/dL) on an applicant, the City will require the applicant to retest within 24 hours and provide instructions to applicant on how to avoid a dilute specimen.

NOTE: The City will treat all employees the same for this purpose. The City may, however, establish different policies for different types of tests (e.g., conduct retests in pre-employment situations, but not in random test situations). The City will inform its employees in advance of its decisions on these matters.

When such a retest is required after a negative dilute specimen, the employee or applicant will be given . . . .

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the minimum possible advance notice that he or she must go to the collection site. Instructions will be provided on how to avoid a dilute specimen. The result of the retest will be considered the final result, not the result from the first test. For current employees required to submit to a return-to-duty test or follow-up test (both of which under DOT regulations must render a negative test result) a second directly observed collection resulting in a negative dilute urine test result will render the final result a “negative” test; and an applicant with a second directly observed negative dilute urine test result will not be eligible for hire under the City’s uniformly enforced policy.

If the employee declines to take a retest required because of a dilute specimen, the action will be considered a “refusal to be tested” and will be treated the same as a confirmed and verified positive result.

The offer of employment will be rescinded if an applicant refuses to take the retest because of a dilute specimen.

Non-Negative Results
The MRO is required to review all positive, adulterated, substituted and invalid drug test results provided by the laboratory. The MRO reviews Copy 1 of the Federal Drug Testing Custody and Control Form (CCF) to determine if there are any fatal or correctable errors that may require the test to be cancelled.

The MRO reviews Copy 1 of the (CCF) to ensure that it is consistent with the information contained on Copy 2, that the test result is legible, and that the certifying scientist signed the form.

The MRO conducts a confidential verification interview with the employee if the employee wants to discuss the result. The MRO when in contact with the employee will explain to the employee that, if he or she declines to discuss the result, the MRO will be required to verify the test as positive or as a refusal to test because of adulteration or substitution, as applicable.

The MROs staff may conduct this initial contact for MRO under the MROs direction. The staff contact is to schedule the discussion between the MRO and the employee and explain the consequences of the employee declining to speak with the MRO. (i.e., that the MRO will verify the test without input from the employee). If the employee declines to speak with the MRO, the MROs staff person will document the employee’s decision, including the date and time.

The MROs staff person may advise an employee to have medical information (e.g., prescriptions, information forming the basis of a legitimate medical explanation for a confirmed positive test result) ready to present at the interview with the MRO. The MRO will make three attempts spread reasonably during a 24-hour period to contact the employee. If after the 24-hour period the employee did not contact the MRO, the MRO will contact the DER with a statement that he has made three attempts to contact the employee with no response. The MRO will direct the DER to contact the employee for the employee to call the MRO.

The DER must make three attempts within the next 24-hour period. If successful contact is made, (actually talk to the employee) the DER is to notify the MRO that contact was made with documentation of the date and time the contact was made. The DER must inform the employee that he or she should contact the MRO immediately. The DER must also inform the employee of the consequences of failing to contact the MRO . . . .

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within the next 72 hours. The consequences are that the MRO will report the non-negative test event to the DER after 72 hours has passed even if no contact has been made between the MRO and employee.

If the employee does not call the DER within the 24-hour period, the DER may leave a message for the employee by either leaving a voice-mail on the employees’ personal cell phone, sending a personal email or by US mail. If/when the DER has exhausted all reasonable efforts to contact the employees but fails to do so, the DER may place the employee on temporary medically unqualified status or medical leave.

MRO Notification to Employee
At the beginning of the confidential verification interview, the MRO will explain to the employee that the laboratory has determined that the employee’s test result is positive, adulterated, substituted, or invalid.

The MRO will tell the employee the drug(s) for which their specimen tested positive or the basis for the finding of adulteration or substitution.

The MRO will explain the verification interview process to the employee and inform the employee that the MROs decision will be based on information the employee provides during the interview.

The MRO will explain that, if further medical evaluation is needed for the verification process, the employee must comply with the MROs request for this evaluation and that failure to do so is equivalent of expressly declining to discuss the test result.

The MRO will notify the employee who has a confirmed positive, adulterated, substituted or invalid test that the MRO is required to provide to third parties drug test result information and medical information affecting the performance of safety-sensitive duties that the employee gives to the MRO in the verification process without the employee's consent. This means that any information provided by the employee to the MRO such as medications or other substances that will or may affect the performance of safety-sensitive duties will be reported to the employee’s DER.

MRO Notification of Employee Right to Test the Split Specimen If the MRO determines there is no legitimate medical explanation for a confirmed positive test result other than the unauthorized use of a prohibited drug, the MRO will inform the employee of the following procedure in which to request a test of the split specimen if the employee desires.

The MRO will inform the employee they have up to 72 hours from the time the MRO interviews the employee regarding the test result. The MRO will give the employee the MRO phone number to call to request another SAMHSA certified laboratory to test the splitspecimen which is Bottle B performed during the collection. The MRO will immediately order the split sample testing when the employee informs the MRO of the request. The MRO will also inform the employee that the City may require the employee to pay for the cost of shipment (if any) and reanalysis of the sample. The MRO informs the employee that the laboratory is not allowed to perform additional tests of the specimen nor will DNA tests be authorized.

The MRO will document the date and time of the employees’ request.

MRO Reporting of Results toDER
The MRO reports positive, refusal to test, and invalid results by providing an MRO Letter, and by calling . . . .

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and/or emailing directly to the DER. This letter is provided to the DER the City has designated to receive these confidential results. The MRO simultaneously provides the report to this City’s C/TPA listed in Appendix A of this policy.

Negative or cancelled test results are reported through the C/TPA’s database by electronic confidential means when the MRO immediately releases the results. Once the MRO releases the result, a test result certificate is generated and emailed to the DER on file. The DER has access to theC/TPA database 24/7 for accessing the test result certificate at any time.

EMPLOYEE ASSISTANCEPROGRAM
The City of Vernon maintains an Employee Assistance Program (EAP) that consists of referring employees with substance use or misuse disorders to local rehabilitation centers. Any costs of outside services are, however, the employee's responsibility.

Any employee who has not previously tested positive for drug or alcohol use and has not yet entered a drug and/or alcohol abuse rehabilitation program, may seek assistance for substance use or misuse disorders before they lead to disciplinary actions. Seeking a referral after a positive drug or alcohol test, however, will not in any way excuse the employee from disciplinary action required by violations of this policy
No employee will be discharged, disciplined or discriminated against solely upon the employee's voluntarily seeking treatment for a drug/alcohol related problem if the employee has not previously tested positive for drug use, entered an employee assistance program for drug related problems, or entered an alcohol and drug rehabilitation program.

Through the EAP, the City will attempt to provide appropriate referral to drug and alcohol abuse rehabilitation programs.

If an employee wishes to pursue help through the EAP or wishes to contact a SAP, please contact the person listed in Appendix A for an appropriate referral. Appendix C also has additional EAP and SAP information.

The City’s EAP program includes education and training on drug use as outlined in this policy and additional employee education and supervisor training that will be required with documentation of receipt of the educational and supervisor training programs.

REPORTING OF ANTI-DRUG AND ALCOHOL TESTING RESULTS (MIS REPORTS) Each large operator (having more than 50 covered employees which includes contractor companies that perform PHMSA safety-sensitive functions for the Operator.) shall submit an annual MIS report to PHMSA of its anti-drug testing using the Management Information System (MIS) form and instructions as required by 49 CFR part 40 not later than March 15 of each year for the prior calendar year (January 1 through December 31).

The PHMSA Administrator shall require by written notice that small operators (50 or fewer covered employees) not otherwise required to submit annual MIS reports to prepare and submit such reports to . . . .

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PHMSA (The DER will need to request this information from the TPA).

Each report required under this section shall be submitted to the Office of PipelineSafety Compliance (OPS), Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, PHP- 60, 1200 New Jersey Avenue, SE, Washington, DC 20590.

Each report shall be submitted in the form and manner prescribed by the PHMSA Administrator. No other form, including another DOT Operating Administration's MIS form, is acceptable for submission to PHMSA.

Each report shall be certified and signed by the Operator's anti-drug manager ordesignated representative.

PHMSA will allow the operator the option of entering the data through the Drug & Alcohol Testing Management Information (DAMIS) system. The PHMSA program manager provides the Operator their unique username and password.

The Operator lists the contractor companies that perform PHMSA covered functions for the Operator. The DAMIS system will provide a unique username and password for each contractor company.

The Operator may provide the username and passwords to the contractor company and direct the contractor company to enter the MIS data provided or the Operator may hire a third party to enter the MIS data.

The City is required to prepare the MIS data and enter the information in the DAMIS system by the request of the Operator or provide a completed MIS Form to the Operator that has been certified by a City official and date of the certification of the data.

The C/TPA may prepare the MIS report for the City but may not be the certifying official for signing the document.

Retention of records – (49 CFR §199.117)
(a) Each operator shall keep the following records for the periods specified and permit access to the records as provided by paragraph (b) of this section:
(1) Records that demonstrate the collection process conforms to this part must be kept for at least 3 years.
(2) Records of employee drug test that indicate a verified positive result, records that demonstrate compliance with the recommendations of a substance abuse professional, and MIS annual report data shall be maintained for a minimum of five years.
(3) Records of employee drug test results that show employees passed a drug test must be kept for at least 1 year.
(4) Records confirming that supervisors and employees have been trained as required by this part must be kept for at least 3 years.
(5) Records of decisions not to administer post-accident employee drug tests must be kept for at least 3 years.
(b) Information regarding an individual's drug testing results or rehabilitation must be released upon the . . . .

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written consent of the individual and as provided by DOT Procedures. Statistical data related to drug testing and rehabilitation that is not name-specific and training records must be made available to the Administrator or the representative of a state agency upon request.

Access to facilities and records – (49 CFR §199.231)
(a) Except as required by law or expressly authorized or required in this subpart, no employer shall release covered employee information that is contained in records required to be maintained in § 199.227. (b) A covered employee is entitled, upon written request, to obtain copies of any records pertaining to the employee's use of alcohol, including any records pertaining to his or her alcohol tests. The operator shall promptly provide the records requested by the employee. Access to an employee's records shall not be contingent upon payment for records other than those specifically requested. (c) Each operator shall permit access to all facilities utilized in complying with the requirements of this subpart to the Secretary of Transportation, any DOT agency, or a representative of a state agency with regulatory authority over the operator.
(d) Each operator shall make available copies of all results for employer alcohol testing conducted under this subpart and any other information pertaining to the operator's alcohol misuse prevention program, when requested by the Secretary of Transportation, any DOT agency with regulatory authority over the operator, or a representative of a state agency with regulatory authority over the operator. The information shall include name-specific alcohol test results, records, and reports. (e) When requested by the National Transportation Safety Board as part of an accident investigation, an operator shall disclose information related to the operator's administration of any post- accident alcohol tests administered following the accident under investigation. (f) An operator shall make records available to a subsequent employer upon receipt of the written request from the covered employee. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the employee's written request. (g) An operator may disclose information without employee consent as provided by DOT Procedures concerning certain legal proceedings.
(h) An operator shall release information regarding a covered employee's records as directed by the specific, written consent of the employee authorizing release of the information to an identified person.

Release of such information by the person receiving the information is permitted only in accordance with the terms of the employee's consent.

Retention of records – (49 CRF §199.227)
Records of decisions not to administer post-accident employee alcohol tests must be kept for a minimum of three years.

Reporting of alcohol testing results – (49 CFR §199.229) (a) Each large operator (having more than 50 covered employees) must submit an annual MIS report to PHMSA of its alcohol testing results using the MIS form and instructions as required by 49 CFR part 40 (at §40.26 and Appendix H to part 40), not later than March 15 of each year for the prior calendar year (January 1 through December 31). The Administrator may require by notice in the PHMSA Portal (https://portal.phmsa.dot.gov/phmsaportallanding) that small operators (50 or fewer covered employees), not otherwise required to submit annual MIS reports, to prepare and submit such reports to PHMSA. . . . .

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(b) Each report required under this section must be submitted electronically at http://damis.dot.gov. An operator may obtain the username and password needed for electronic reporting from the PHMSA Portal (https://portal.phmsa.dot.gov/phmsaportallanding). If electronic reporting imposes an undue burden and hardship, the operator may submit a written request for an alternative reporting method to the Information Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE. Washington, DC 20590. The request must describe the undue burden and hardship. PHMSA will review the request and may authorize, in writing, an alternative reporting method.

An authorization will state the period for which it is valid, which may be indefinite. An operator must contact PHMSA at 202–366–8075, or electronically to [email protected] to make arrangements for submitting a report that is due after a request for alternative reporting is submitted but before an authorization or denial is received.

PROHIBITIONS:

The use or possession of alcoholic beverages while on City property, or in any City vehicles, or on City time, including breaks or lunch, paid or unpaid, on any shift, is strictly prohibited.

This policy makes no exception for medical marijuana. The Department of Transportation’s Drug and Alcohol Testing Regulation – 49 CFR Part 40 – does not authorize the use of Schedule I drugs; including marijuana, for any reason medical, recreational or otherwise.

Alcohol Concentration
Alcohol – removal from safety sensitive position at .02% blood alcohol content(BAC) or greater, violation of Policy at .04% BAC or greater. Covered employees are prohibited from reporting for duty or remaining on duty requiring the performance of covered functions while having an alcohol concentration of 0.04% or greater. The City, having actual knowledge that a covered employee has an alcohol concentration of 0.04% or greater, shall not permit the employee to perform or continue to perform covered functions.

On-Duty Use – Covered employees are prohibited from using alcohol while performing covered functions. The City, having actual knowledge that a covered employee is using alcohol while performing covered functions, shall not permit the employee to perform or continue to perform covered functions.

Pre-Duty Use – Covered employees are prohibited from using alcohol within four hours prior to performing covered functions, or, if an employee is called to duty to respond to an emergency, within the time period after the employee has been notified to report for duty. The City having actual knowledge that a covered employee has used alcohol within four hours prior to performing covered functions or within the time period after the employee has been notified to report for duty, shall not permit that covered employee to perform or continue to perform covered functions.

On-Call Employees - Employees who are not at work, but who could be called at any time to perform covered functions are subject to the pre-duty alcohol prohibition. An employee, who has been notified to report for duty to respond to an emergency, may not use alcohol after being notified to report. If City personnel determine that an employee has used alcohol within the time period after the employee has been notified to report for duty, the covered employee shall not be permitted to perform or continue to perform . . . .

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covered functions.

REFUSAL TO TEST OR FAILED A DRUG/ALCOHOL TEST
Covered employees shall acknowledge and that they will be considered to have refused to take a drug/alcohol test or failed a drug/alcohol test if they:
1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City, consistent with applicable DOT agency regulations, after being directed to do so by the employer. This includes the failure of an employee (including an owner- operator) to appear for a test when called by aC/TPA;
2) Fail to remain at the testing site until the testing process is complete; Provided, that an employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;
3) Fail to provide a urine specimen for any drug test required by part 40 or DOT agency regulations; Provided, that an employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test;
4) In the case of a directly observed or monitored collection in a drug test, fail to permit the observation or monitoring of their provision of a specimen; 5) Fail to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; 6) Fail or decline to take an additional drug test the City or collector has directed the employee to take; 7) Fail to undergo a medical examination or evaluation, as directed by the MRO as part of the verification process, or as directed by the DER under part §40.193(d). In the case of a pre- employment drug test, the employee is deemed to have refused to test on this basis only if the pre- employment test is conducted following a contingent offer of employment. If there was no contingent offer of employment, the MRO will cancel the test; 8) Fail to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the collector, behave in a confrontational way that disrupts the collection process, refuse to remove hat, coat, gloves, coveralls when directed or failure to wash hands as directed); 9) For an observed collection, fail to follow the observer’s instructions to raise you’re their clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to determine if you have any type of prosthetic or other device that could be used to interfere with the collection process;
10) Possess or wear a prosthetic or other device that could be used to interfere with the collection process;
11) Admit to the collector that they adulterated or substituted the specimen; 12) The confirmed specimen reported to the MRO by the laboratory was adulterated or substituted; 13)Fail to sign the certification statement at Step 2 of the Alcohol Testing Form (ATF); or 14) Fail to cooperate with any part of the alcohol testing process.

CONSEQUENCES OF PROHIBITED CONDUCT
Each covered employee should understand that certain policy violations will result in immediate termination. Such violations of the policy include, but are not limited to: . . . .

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 the use of alcohol on City time;  the possession, sale or use of illegal drugs on City premises or on City time;  any effort to substitute or adulterate a drug test sample or otherwise alter a drug test result; or  refusal to test when required by this policy Additional Discipline Actions for Violations of this Policy:

1. Job Applicants will not be hired and will be provided a referral list to a Substance Abuse Professional (SAP) to meet the required conditions of 49 CFR Part 40.281 Subpart O.

2. An employee violation of this policy will result in immediate removal from the safety sensitive position and meet the required conditions of 49 CFR Part 40.281 Subpart O with referral to the SAP as stated below in Item 3. Per the City authority, a second violation of this policy will result in immediate termination of employment.

Employees testing positive or refusal to test may forfeit eligibility for unemployment payments per City authority. Injured employees after a positive or refusal to test on a post-accident testing event may forfeit eligibility for workers’ compensation medical payments and indemnity payments per City authority.

3. DOT consequences for a confirmed positive, adulterated, substituted drug/alcohol test or refusal to test require the employee to be removed from a safety sensitive position and referred to a SAP.

The employee cannot return to the safety sensitive position until a final evaluation from the SAP and a return to duty negative test. The employee will be responsible for any costs associated with the SAP program.

4. City policy requires employees arrested, indicted or convicted of violating controlled substance laws will notify the City within five (5) business days of the event and if this substance abuse policy was also violated, will be disciplined up to and including termination, depending on the circumstances.

5. The consequences for covered employees found to have an alcohol concentration of 0.02% or greater but less than 0.04% shall be removal from the safety sensitive covered position until; a. The employee’s alcohol concentration measures less than 0.02% in accordance with a test administered under CFR §199.225(e); or
b. The start of the employee's next regularly scheduled duty period, but not less than eight hours following administration of the test.

REFERRAL, EVALUATION, AND TREATMENT
Each covered employee who has violated the policy by having a non-negative or refusal to test for a drug and alcohol test will be provided with a list of qualified substance abuse professionals within a reasonable distance from the employee’s residence or the City can provide the employee with a national SAP network for which to call for qualified SAPs in the employee’s area of residence.

A form will be provided to an employee who registers a verified positive drug or alcohol test result or . . . .

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refusal to test with a listing of qualified Substance Abuse Professionals (SAPs), regardless of whether or not the employee is terminated or denied employment by his/her employer. This form shall document the employee’s removal from safety-sensitive position and the requirement of providing a list of SAPs.

Before a covered employee returns to duty for performance of a covered function after engaging in a nonnegative or refusal to test for any employer, the employee must have a face-to-face assessment by a qualified SAP, go through the required rehabilitation prescribed by the SAP, successfully complete the rehabilitation and have a follow-up assessment by the same SAP.

The employee shall be subject to unannounced follow-up alcohol tests administered by the City following the employee's return to duty. The number and frequency of such follow-up testing shall be determined by a SAP, but shall consist of at least six tests in the first 12 months following the employee's return to duty. In addition, follow-up testing may include testing for drugs, as directed by the substance abuse professional, to be performed in accordance with 49 CFR Part 40. Follow-up testing shall not exceed 60 months from the date of the employee's return to duty. The SAP may terminate the requirement for follow- up testing at any time after the first six tests have been administered, if the substance abuse professional determines that such testing is no longer necessary.

Evaluation and rehabilitation may be provided by this City, by a SAP under contract with this City, or by a SAP not affiliated with the City. The choice of SAPs and assignment of costsshall be made in accordance with employer/employee agreements and employer/employee policies.

The City shall ensure that a SAP who determines that a covered employee requires assistance in resolving problems with drug abuse and alcohol misuse does not refer the employee to the SAP’s private practice or to a person or organization from which the SAP receives remuneration or in which the SAP has a financial interest.

This paragraph does not prohibit a SAP from referring an employee for assistance provided through: • A public agency, such as a State, county, or municipality; • The City or a person under contract to provide treatment for alcohol problems on behalf of the City; • The sole source of therapeutically appropriate treatment under the employee's health insurance program; or
• The sole source of therapeutically appropriate treatment reasonably accessible to the employee.

CONFIDENTIALITY FOR DRUG AND ALCOHOL TEST INFORMATION
The City or their service agent is prohibited from releasing individual test results or medical information about an employee to third parties without the employee's specific written consent.

A “third party” is any person or organization to whom other subparts of this regulation do not explicitly authorize or require the transmission of information in the course of the drug or alcoholtesting process. “Specific written consent” means a statement signed by the employee that he or she agrees to the release of a particular piece of information to a particular, explicitly identified, person or organization at a particular time. “Blanket releases,” in which an employee agrees to a release of a category of information (e.g., all test results) or to release information to a category of parties (e.g., other employers who are members of a C/TPA, companies to which the employee may apply for employment), are prohibited under . . . .

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thispart.

The City may release information pertaining to an employee's drug or alcohol test without the employee's consent in certain legal proceedings such as an employment lawsuit, grievance (an arbitration concerning disciplinary action taken by the employer), or administration proceeding (an unemployment compensation hearing) brought by or on behalf of an employee and resulting from a positive DOT drug and alcohol test or refusal to test (including, but not limited to adulteration or substituted test results).

These proceedings also include a criminal or civil action resulting from an employee's performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information sought is relevant to the case and issues an order directing the employer to produce the information. For example, in personal injury litigation following a truck or bus collision, the court could determine that a post-accident drug test result of an employee is relevant to determining whether the driver or the driver's employer was negligent. The employer is authorized to respond to the court's order to produce the records.

In such a proceeding, the City may release the information to the decision maker in the proceeding (e.g., the court in a lawsuit). The City may release the information only with a binding stipulation that the decision maker to whom it is released will make it available only to parties to the proceeding.

If the City requests its employee's drug or alcohol testing information from their service agent to use in a legal proceeding as authorized for a litigation proceeding (e.g., the laboratory’s data package), the service agent will provide the requested information to the City.

Any time the City or their Service Agent release information in a legal proceeding, immediate notification to the employee will be sent in writing.

RECORDKEEPING
The City will ensure that all recordsrequired by the DOT are maintained in a secure location under a locked file cabinet to protect confidentiality of the employees’ information. The following records and time requirements the City are to keep are outlined below:

One Year:
1) Records of employee drug test results that show employees passed a drug test; 2) Alcohol test results below 0.02%.

Two Years:
1) Records related to the inspection, maintenance and calibration of EBTs, i.e., collection logbooks, calibration documentation for evidential breath testing devices, documentation of breath alcohol technician training
2) Documents generated in connection with decisionsto administer reasonable suspicion alcohol tests 3) Documents verifying existences of a medical explanation of the inability of an employee to provide adequate breath for testing
Three Years:
1) Information obtained from previous employers under §40.25 concerning drug and alcohol test . . . .

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results of employees
2) Information this City provided to a prospective employer under the §40.25 drug and alcohol test results of previous employees
3) Records related to reasonable suspicion supervisor training 4) Records related to employee training
5) Documents generated in connection with decisions on post-accident tests Five Years:
1) Records of alcohol test results indicating an alcohol concentration of 0.02% or greater 2) Records of verified positive drug test results
3) Documentation of refusals to take required alcohol and/or drug tests (including substitution and adulterated drug test results)
4) Calibration documentation for evidential breath testing devices 5) Substance Abuse Professional demonstration of compliance with the recommendations (e.g., SAP Report)
6) Follow-up tests and testing schedule provided by the SAP for follow-up tests 7) MIS Annual Report.

ALCOHOL EDUCATION SUPPLEMENT
The following information shall be distributed to each covered employee prior to start of alcohol testing under this subpart, and to each person subsequently hired for or transferred to a covered position [49 CFR §199.239(a)(1)]. Written notice shall be provided to representatives of employee organizations of the availability of this information [49 CFR §199.239(a)(2)].

For many people, the facts about alcoholism are not clear. What is alcoholism, exactly? How does it differ from alcohol abuse? When should a person seek help for a problem related to his orher drinking? The National Institute on Alcohol Abuse and Alcoholism (NIAAA) has prepared this information to help individuals and families answer these and other common questions about alcohol problems. The following information explains both alcoholism and alcohol abuse, the symptoms of each, when and where to seek help, treatment choices, and additional helpful resources.

A Widespread Problem
For most people who drink, alcohol is a pleasant accompaniment to social activities. Moderate alcohol use—up to two drinks per day for men and one drink per day for women and older people—is not harmful for most adults. (A standard drink is one 12-ounce bottle or can of either beer or wine cooler, one 5-ounce glass of wine, or 1.5 ounces of 80-proof distilled spirits.) Nonetheless, a large number of people get into serious trouble because of their drinking. Currently, nearly 14 million Americans—1 in every 13 adults —
abuse alcohol or are alcoholic. Several million more adults engage in risky drinking that could lead to alcohol problems. These patterns include binge drinking and heavy drinking on a regular basis. In addition, 53 percent of men and women in the United States report that one or more of their close relatives have a drinking problem.

The consequences of alcohol misuse are serious—in many cases, life threatening. Heavy drinking can . . . .

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