Ordinance No. 1086s • i
1 ORDINANCE NO. 1086
2
3 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON EXTENDING INTERIM ORDINANCE NO.
4 1083, MAKING FINDINGS WITH RESPECT THERETO,
5 DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID
ORDINANCE TO TAKE EFFECT IMMEDIATELY
6
7 WHEREAS, the City of Vernon currently has no comprehensive
8 advertising displays and signs ordinance with the exception of some
9 restrictions along landscape freeways as stated in Article V of Chapter
10 22 of the Vernon City Code; and
11 WHEREAS, on April 3, 2002, the City Council of the City of
12 Vernon adopted Interim Ordinance No. 1083, which prohibits the
13 establishment of any advertising displays and signs as defined in
14 Vernon City Code, Ordinance No. 780, Section 1 and the acceptance of
15 applications for, or the issuance of permits for any advertising
16 displays and signs in order to study the extent of standards needed for
17 the construction and location of advertising displays and signs to
18 achieve the goal of facilitating the orderly and safe movement of
19 vehicular traffic and foster a positive image of the City on the part
20 of the traveling public; and
21 WHEREAS, Interim Ordinance No. 1083 was further intended to
22 enable the City Council to study the consequences of the advertising
23 displays and signs to traffic safety and aesthetic harms caused by
24 advertising displays and signs; and
25 WHEREAS, the City Council believes it is in the interest of
26 the public health, safety and welfare to extend the moratorium on such
27 advertising displays and signs declared by Interim Ordinance No. 1083
28 while the City studies these issues; and
1 WHEREAS, Interim Ordinance No. 1083, by its terms, was
2 effective for a period of 45 days and will expire on May 26, 2002,
3 unless extended by this Ordinance; and
4 WHEREAS, Chapters 4.3(e) and 4.4 of the City of -Vernon
5 Charter provide that an ordinance declared by the City Council to be
6 necessary as an emergency measure for the immediate preservation of
7 the public peace, health, or safety, and containing a statement of the
8 reasons for its urgency, may be adopted in the manner provided in said
9 Charter, except that such emergency ordinance may be introduced and
10 adopted at one in the same regular or special meeting, and shall take
11 effect immediately; and
12 WHEREAS, Government Code Section 65858 provides that without
13 following procedures otherwise required prior to the adoption of a
14 zoning ordinance, the legislative body, after notice pursuant to
15 Government Code Section 65090 and a public hearing, may extend an
16 interim ordinance previously adopted for a period of ten (10) months
17 and fifteen (15) days; and
18 WHEREAS, on May 9, 2002, the City posted a notice of a
19 public hearing for May 22, 2002, regarding the adoption of this
20 ordinance; and
21 WHEREAS, Government Code Section 65858(d) provides that ten
22 (10) days prior to the expiration or extension of any interim
23 ordinance, the City Council shall issue a written report describing
24 the measures taken to alleviate the condition which led to the
25 adoption of the ordinance; and
26 WHEREAS, Interim Ordinance No. 1083 directed the City
27 Attorney to provide a written report to the City Council at least ten
28 (10) days prior to the expiration of the ordinance describing the
■
1 status of the measures that have been taken or need to be taken to
2 alleviate the condition that led to the adoption of the ordinance; and
3 WHEREAS, the City Attorney has presented a report to the
4 City Council dated May 16, 2002, that recommends extension of the
5 moratorium; and
6 WHEREAS, a duly noticed public hearing on this Ordinance was
7 held by the City Council on May 22, 2002.
8 THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
9 SECTION 1: The City Council of the City of Vernon hereby
10 finds and determines that the recitals contained hereinabove are true
11 and correct.
12 SECTION 2: The moratorium established by Interim
13 Ordinance No. 1083 is hereby extended for ten (10) months and fifteen
14 (15) days, provided, the moratorium shall not apply to the
15 establishment of advertising displays and signs where under the City's
16 existing ordinances prior to April 3, 2002, either a permit was not
17 required or the City duly issued a permit.
18 SECTION 3: The moratorium established by Interim
19 Ordnance No. 1083, as extended by this ordinance, is in contemplation
20 of amendments to the Comprehensive Zoning Ordinance, as well as in
21 contemplation of the preparation and adoption of one or more specific
22 plans, and the City Council of the City of Vernon finds that
23 prohibiting the acceptance of applications for, or the issuance of
24 permits for any advertising displays and signs is urgently required to
25 protect the public safety, health and welfare and that absent such an
26 extension of the interim ordinance, there would be an immediate threat
27 to the public safety, health and welfare and that the Ordinance is
28 further necessary to preserve and protect the orderly study of
1
2
3
4
5
6
ri
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
applicable planning and zoning alternatives, and in order to permit
the preparation and implementation of the proper and necessary
planning and zoning amendments and controls.
SECTION 4: The City Council finds that the facts
constituting urgency are as follows:
a. There is a current and immediate threat to the public
health, safety and welfare arising from the proliferation of
advertising displays and signs within the City due to the creation of
hazards to traffic safety and aesthetic harm caused by advertising
displays and signs.
b. The United States Supreme Court has recognized that
advertising displaysand signs are "real and substantial hazards to
traffic safety" and "by their nature ... can be perceived as an aesthetic
harm.'" Metromedia, Inc. v. San Diego (1981) 453 U. S. 490.
C. The California Court of Appeal has acknowledged that
aesthetic harm detrimentally affects the public health and is
sufficient to justify an urgency ordinance. Crown Motors v. City of
Redding (1991) 232 Cal. App. 3d 173, 178-180.
d. The absence of any regulation on advertising displays
and signs could result in their proliferation along scenic corridors
and in residential areas. The presence of advertising displays and
signs in inappropriate areas can destroy views, diminish property
values and detrimentally affect the quality of life.
e. The absence of standards for the construction and
location of advertising displays and signs can endanger the public,
distract drivers, create confusion and foster a negative image of the
City on the part of the traveling public.
- 4 -
1 f. The City requires time to adopt a comprehensive
2 ordinance regulating advertising displays and signs.
3 SECTION 5: The City Council hereby approves the Report to
4 City Council on Advertising Displays and Signs prepared by the City
5 Attorney, a copy of which is attached hereto as Exhibit "A" and made a
6 part hereof and the City Council adopts the same as the report required
7 by Government Code Section 65858(d).
8 SECTION 6: If any section, subsection, sentence, clause,
9 phrase or word of this Ordinance is for any reason held to be void or
10 unconstitutional, such decision shall not affect the validity of the
11 remaining portions of this Ordinance; it being the intention of the
12 City Council of the City of Vernon to pass and adopt this Ordinance and
13 each section, subsection, sentence, clause or phrase thereof
14 irrespective of the fact that one or more of the sections, subsections,
15 clauses, sentences or phrases thereof may be declared to be invalid or
16 unconstitutional.
17 SECTION 7: There being no newspaper printed, published or
18 circulated in the City of Vernon, the City Clerk is hereby directed to
19 certify to the passage of this Ordinance and shall post the same, or
20 cause the same to be posted, within fifteen (15) days after its passage
21 in accordance with Section 36933 of the Government Code, in three (3)
22 of the most public places in the City of Vernon, to wit: the northwest
23 corner of 38th Street and Santa Fe Avenue, the northeast corner of
24 Leonis Boulevard and Pacific Boulevard, and on the bulletin board in
25 the lobby of the City Hall of said City, located at 4305 Santa
26 Avenue, all in the City of Vernon, County of Los Angeles, State of
27 California.
28
6
1
1 SECTION 8: This Ordinance shall take effect immediately
2 upon adoption.
3 SECTION 9: This moratorium shall be of no further force
4 or effect upon expiration of ten (10) months and fifteen (15) days from
5 the date of adoption, unless extended in accordance with Government
6 Code Section 65858.
7 APPROVED AND ADOPTED this 22"d day of May, 2002.
8
9
EONIS C. MAL URG, Mayor
10 ATTEST:
11
12
13 BRUCE V. MALKENHORST, City Clerk
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
6 _
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
do hereby certify that the foregoing Ordinance, being Ordinance No.
1086, was duly and regularly introduced at an adjourned regular
meeting of the City Council of the City of Vernon, held on Wednesday,
May 22, 2002, and thereafter was duly signed by the Mayor of the City
of Vernon, by the following vote:
AYES:
NOES:
ABSENT:
(SEAL)
Councilmen:
Councilmen:
Councilmen:
BRUCE V. MALKENHORST, City Clerk
- 7 -
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583--8811
May 16, 2002
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Report to City Council on Advertising Displays and Signs
Moratorium
Dear Bruce:
On April 3, 2002, the City Council of the City of Vernon adopted
Ordinance No. 1083 declaring a moratorium on the acceptance of
applications for, or the issuance of, permits for any advertising
displays and signs pending further study.
The Ordinance requires my office to provide a report regarding
the status of the measures that have been taken or need to be taken to
alleviate the condition that led to the adoption of the moratorium
Ordinance.
At this time, we have not had an opportunity to amend the Zoning
Ordinance to address the issues raised regarding the advertising
displays and signs. Therefore, pursuant to Government Code Section
65858, I recommend that the moratorium be extended. Towards that end,
Ordinance No. 1086 has been prepared and is on the agenda for the City
Council meeting of May 22, 2002. I believe we should be able to
provide a further status report respecting a final ordinance
addressing the issues raised in the near future.
If you have any questions or comments, please contact me.
Very truly yours,
Eduardo Olivo
City Attorney
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
f
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583--8811
May 16, 2002
eC �1N,��Dv
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
On April 3, 2002, the City Council adopted Ordinance No. 1083
declaring a moratorium on the acceptance of applications for, or the
issuance of, permits for any advertising displays and signs pending
further study. At this time it is necessary that the moratorium be
extended and Ordinance No. 1086 be adopted, pursuant to Government
Code Section 65858, until further status report respecting a final
ordinance addressing the issues is provided.
This has been reviewed by the Director of Community Services and Water
and the City Attorney and it is hereby recommended that Ordinance No.
1086 be approved and adopted.
Very truly yours,
Bruce V. Malkenhorst
City Administrator/City Clerk
BVM/gm
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro—Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
May 16, 2002
Mr. Bruce V. Malkenhorst
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Municipal Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Re: Report to City Council on Advertising Displays and Signs
Moratorium
Dear Bruce:
On April 3, 2002, the City Council of the City of Vernon adopted
Ordinance No. 1083 declaring a moratorium on the acceptance of
applications for, or the issuance of, permits for any advertising
displays and signs pending further study.
The Ordinance requires my office to provide a report regarding
the status of the measures that have been taken or need to be taken to
alleviate the condition that led to the adoption of the moratorium
Ordinance.
At this time, we have not had an opportunity to amend the Zoning
Ordinance to address the issues raised regarding the advertising
displays and signs. Therefore, pursuant to Government Code Section
65858, I recommend that the moratorium be extended. Towards that end,
Ordinance No. 1086 has been prepared and is on the agenda for the City
Council meeting of May 22, 2002. I believe we should be able to
provide a further status report respecting a final ordinance
addressing the issues raised in the near future.
If you have any questions or comments, please contact me.
Very truly yours,
I- , " e")
Eduardo Olivo
City Attorney
1
j s
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which
you may attend.
PLACE: Vernon City Hall
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
TIME: Wednesday, May 22, 2002, at 5:00 p.m.
The purpose of the hearing is to consider the adoption
of an ordinance placing a further moratorium on the
establishment of advertising displays and signs. The public
is also invited to submit written comments prior to the
hearing.
If you challenge the adoption of the ordinance placing
a further moratorium on the establishment of advertising
displays and signs, you may be limited to raising only
those issues you or someone else raised at the hearing
described in this notice or in written correspondence
delivered to the City of Vernon at, or prior to, the
meeting.
Dated: May 9, 2002
'BR CE V . MALKENHOR (C�
City Administrator/T ity Clerk
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Sharon Johnson, Budget Auditor/Deputy City Treasurer, of the City
of Vernon do hereby certify that I did, on the Z30`kof M" 2002,
have posted two (2) copies of:
Ordinance No. 1086 - An Interim Ordinance of the City Council of
the City of Vernon Extending Interim Ordinance No. 1083, Making
Findings with Respect Thereto, Declaring the Urgency Thereof and
a Basis for Said Ordinance to Take Effect Immediately.
One in each of the following places, to wit: at the northwest corner
of 38th Street and Santa Fe Avenue; the northeast corner of Leonis
Blvd. and Pacific Blvd., all in said City, there being no newspaper of
general circulation printed and published in the City of Vernon.
Date: alp --;C
Sharon L. Joh so
Budget Auditor/Deputy City Treasurer
State of California )
) ss
County of Los Angels)
On 2"l, 2t10?/ before me, P"Welq 61r'I
Personally appeared Sharon L. Johnson.
Personally known to me (or known to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
W7TNESS my hand and official seal
MANui=tA GRON
Commission # 1328374 Z
Notary public - Calitomia
z Los Angel" County
My Comm. EXPh"Nov 4, 2A
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES) ss
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy City Clerk, of the City of Vernon do
hereby certify that I did, on the �3rd of 2002, have posted
one (1) copy of:
J
Ordinance No. 1086 - An Interim Ordinance of the City Council of
the City of Vernon Extending Interim Ordinance No. 1083, Making
Findings with Respect Thereto, Declaring the Urgency Thereof and
a Basis for Said Ordinance to Take Effect Immediately.
On the bulletin board in the lobby of the City Hall of the City of
Vernon located at 4305 Santa Fe Avenue, all in said City, there being
no newspaper of general circulation printed and published in the City
of Vernon.
Date: 23 67
/dTbo/'T-a�- J. Oro co
Chief Deputy City Clerk
State of California
) ss
County of Los Angels) ,
On Abefore me, Pd"'
�l
Personally appeared Gloria J. Orosco
Personally known to me (or known to me on the basis of satisfactory
evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity, and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
W NESS my hand and official seal
q;
MANUELA cIRON
Commission f 1328374�
Notary Public - Califomia z
Los Angeles County
My Comm. ExVires Nov 4, 2W5