Ordinance No. 10931'
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ORDINANCE NO. 1093
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF VERNON EXTENDING INTERIM ORDINANCE NO.
10831 MAKING FINDINGS WITH RESPECT THERETO,
DECLARING THE URGENCY THEREOF AND A BASIS FOR SAID
ORDINANCE TO TAKE EFFECT IMMEDIATELY
WHEREAS, the City of Vernon currently has no comprehensive
advertising displays and signs ordinance with the exception of some
restrictions along landscape freeways as stated in Article V of Chapter
22 of the Vernon City Code; and
WHEREAS, on April 3, 2002, the City Council of the City of
Vernon adopted Interim Ordinance No. 1083, which prohibits the
establishment of any advertising displays and signs as defined in
Vernon City Code, Ordinance No. 780, Section l and the acceptance of
applications for, or the issuance of permits for any advertising`
displays and signs in order to study the extent of 'standards needed for
the construction and location of advertising displays and signs to
achieve the goal of facilitating the orderly and safe movement of
vehicular, traffic and foster a positive image of the City on the part
of the traveling public; and
WHEREAS, Interim Ordinance No. 1083 was further intended to
enable the City Council to study the consequences of the advertising
displays and signs to traffic safety and aesthetic harms caused by
advertising displays and signs; and
WHEREAS, Interim Ordinance No. 1083, by its terms, was
effective for a period of 45 days, and was extended by Interim
Ordinance No. 1086, adopted on May 22, 2002, for a period of ten (10)
months and fifteen (15) days; and
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WHEREAS, Interim Ordinance 1083, as extended by Interim
Ordinance 1086, will expire on April 6, 2003, unless further extended
by this Ordinance; and
WHEREAS, the City Council believes it is in the interest of
the public health, safety and welfare to extend the moratorium on such
advertising displays and signs declared by Interim Ordinance No. 1083
while the City studies these issues; and
WHEREAS, Chapters 4.3(e) and 4.4 of the City of Vernon
Charter provide that an ordinance declared by the City Council to be
necessary as an emergency measure for the immediate preservation of
the public peace, health, or safety, and containing a statement of the
reasons for its urgency, may be adopted in the manner provided in said
Charter, except that such emergency ordinance may be introduced and
adopted at one in the same regular or special meeting, and shall take
effect immediately; and
WHEREAS, Government Code Section 65858 provides that without
following procedures otherwise required prior to the adoption of a
zoning ordinance, the legislative body, after notice pursuant to
Government Code Section 65090 and a public hearing, may extend an
interim ordinance previously adopted for a period of one'(1) year; and
WHEREAS, on March 19, 2003, the City posted a notice of a
public hearing for April 2, 2003, regarding the adoption of this
ordinance; and
WHEREAS, Interim Ordinance No. 1083 directed the City
Attorney to provide a written report to the City Council at least ten
(10) days prior to the expiration of the ordinance describing 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 ordinance; and
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WHEREAS, the City Attorney has presented a report to the
City Council dated March 19, 2003, that recommends extension of the
moratorium; and
WHEREAS, a duly noticed public hearing on, this Ordinance was
held by the City Council on April 2, 2003.
-THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS:
SECTION 1 The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The moratorium established by Interim
Ordinance No. 1083, as extended by Ordinance No. 1086, is hereby
extended for one (1) year, provided, the moratorium shall not apply to
the establishment of advertising displays and signs where under the
City's existing ordinances prior to April 3, 2002, either a permit was
not required or the City duly issued a permit.
SECTION 3: The moratorium established by Interim
Ordnance No. 1083, as extended by Interim Ordinance No. 1086 and this
Ordinance, is in contemplation of amendments to the Comprehensive
Zoning Ordinance, as well as in contemplation of the preparation and
adoption of one or more specific plans, and the City Council of the
City of Vernon finds that prohibiting the acceptance of applications
for, or the issuance of permits for any advertising displays and signs
is urgently required to protect the public safety, health and welfare
and that absent such an extension of the interim ordinance, there
would be an immediate threat to the public safety, health and welfare
and that the Ordinance is further necessary to preserve and protect
the orderly study of applicable planning and zoning alternatives, and
in order to permit the preparation and implementation of the proper
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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 displays and 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.
f. The City requires time to adopt a comprehensive
ordinance regulating advertising displays and signs.
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SECTION 5: The City Council hereby approves the Report to
City Council on Advertising Displays and Signs prepared by the City
Attorney, a copy of which is attached hereto as Exhibit "A" and made a
part hereof and the City Council adopts the same as the report required
by Government Code Section 65858(d).
SECTION 6: If any section, subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be voidor
unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance; it being the intention of the
City Council of the City of Vernon to pass and adopt this Ordinance and
each section, subsection, sentence, clause or phrase thereof
irrespective of the fact that one or more of the sections, subsections,
clauses, sentences or phrases thereof may be declared to be invalid or
unconstitutional.
SECTION 7: There being nonewspaperprinted, published or
circulated in the City of Vernon, the City Clerk is hereby directed to
certify to the passage of this Ordinance and shall post the same, or
cause the same to be posted, within fifteen (15) days after its passage
in accordance with Section 36933 of the Government Code, in three (3)
of the most public places in the City of Vernon, to wit: the northwest
corner of 38th Street and Santa Fe Avenue, the northeast corner of
Leonis Boulevard and Pacific Boulevard, and on the bulletin board in
the lobby of the City Hall of said City, located at 4305 Santa
Avenue, all in the City of Vernon, County of Los Angeles, State of
California.
SECTION 8: This Ordinance shall take effect immediately
upon adoption.
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SECTION 9: This moratorium shall be of no further force
or effect upon expiration of one year (1) from the date of adoption, or
April 2, 2004.
APPROVED AND ADOPTED this 2°d day of April, 2003.
P
LEONIS C. MA BURG, ayor
ATTEST:
BRUCE V. MALKENHORST, City Clerk
1 STATE OF CALIFORNIA )
ss
2 COUNTY OF LOS ANGELES )
3
4 I BRUCE V. MALKENHORST, City Clerk of the City of Vernon,
5 do hereby certify that the foregoing Ordinance, being Ordinance No.
6 1093, was duly and regularly introduced at a regular meeting of the
7 City Council of the City of Vernon, held on Wednesday, April 2, 2003,
8 and thereafter was duly signed by the Mayor of the City of Vernon, by
9 the following vote:
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11 AYES: Councilmen: Malburg, Ybarra, Gonzales, Davis,
and McCommick
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13 NOES Councilmen: None
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15 ABSENT: Councilmen: None
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17 BRUCE V. MALKENHORST, City Clerk
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19 (SEAL)
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- 7
LITY COUNCIL
LEONIS C. MALBURG
Mavor
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
EDUARDO OLIVO
City Attornev
FAX: (562) 869-188-3
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
March 19, 2003 00pl'
Mr. Bruce V. Malkenhorst Y.
City Administrator/City Clerk
4305 Santa Fe Avenue
Vernon, California 90058
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
City Council extended this moratorium by adopting Ordinance No.
1086 on May 22, 2002.
Ordinance No. 1083, as extended by Ordinance No. 1086,
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 for one year. Towards that end, Ordinance No. 1093
is being prepared as an agenda item for the City Council meeting
of April 2, 2003. I believe we should be able to provide a
further status report respecting a final ordinance addressing
the issues raised in the near future.
Mr. Bruce V. Malkenhorst
March 19, 2003
Page 2
The Notice of Public Hearing to extend the Moratorium and
Affidavit of Posting is attached.
If you have any questions or comments, please contact me.
Ver truly you ,
Eduardo Olivo
EO:jl City Attorney
cc: Kevin Wilson, Director of Community Services & Water
y.I" CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro -Tern
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
City Council
City of Vernon
Honorable Members:
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
March 25, 2003
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
On April 3, 2002, this legislative body adopted Ordinance No. 1083
declaring a moratorium on the acceptance of applications and/or the
issuance of permits for any advertising displays and signs pending
further study. On May 22, 2002, Ordinance No. 1086 was adopted
extending this moratorium. Pursuant to Government Code Section 65858,
it is necessary that the moratorium be extended for one year.
This has been reviewed by the Director of Community Services and Water
and the City Attorney and .it is hereby recommended that Interim
Ordinance No. 1093 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
March 19, 2003
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 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
City Council extended this moratorium by adopting Ordinance No.
1086 on May 22, 2002.
Ordinance No. 1083, as extended by Ordinance No. 1086,
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 for one year. Towards that end, Ordinance No. 1093
is being prepared as an agenda item for the City Council meeting
of April 2, 2003. I believe we should be able to provide a
further status report respecting a final ordinance addressing
the issues raised in the near future.
Mr. Bruce V. Malkenhorst
March 19, 2003
Page 2
The Notice of Public Hearing to extend the Moratorium and
Affidavit of Posting is attached.
If you have any questions or comments, please contact me.
Very truly you , -
a�
Eduardo Olivo
City Attorney
EO:jl
cc: Kevin Wilson, Director of Community Services & Water
Al
r
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON }
I, Sergio Canales, Engineering Aide of the City of
Vernon, do hereby certify that I did, on the 19th day of March,
2003, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held April 2, 2003, (see
attached copies). The purpose of the hearing is to consider the
adoption of an ordinance extending the moratorium on the
establishment of advertising displays and signs. The public is
also invited to submit written comments prior to the hearing.
One in each of the following places to wit: At the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard; and on the bulletin board
in the lobby of the City Hall of the City of Vernon, located at
4305 Santa Fe Avenue, all in said City, there being no newspaper
of general circulation printed and published in the City of
Vernon. Z�)
Date: March 19, 2003
CS
s, Engineering Aide
State of California }
ss.
County of Los Angeles )
On before me, ,
Notaryl Public, personally appeared Sergio Ca es, personally
known to me
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and off,ial seal
GL R A J. OROSCO
COMM.11370778 �p
NOTARY PUBLIC•CALIFORNIA V!
Laa AnOrlo: County "r
MY Comm. E;0;jj Aup.27, 2006 �+
*'. 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
TINE Wednesday, April 2, 2003, at 5:00 p.m.
The purpose of the hearing is to consider the adoption
of an ordinance extending the 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: March 19, 2003
BRUCE V. MALKE HORST,
City Administrator/City Clerk
Chi
City of
Vernon
City Attorney's
Office
To: Bruce V. Malkenhorst, City Administrator/City Clerk
From Eduardo Olivo, City Attorney
Date: March 19, 2003
Re: Extension of Moratorium on Advertising Displays and Signs
The moratorium on the acceptance of applications for, or the issuance of, permits
for any advertising displays and signs will expire on April 6, 2003. It is recommended
that you schedule a public hearing to consider the adoption of an ordinance extending
the moratorium for April 2, 2003.
NOTICE OF PUBLIC HEARING
The City of Vernon will conduct a Public Hearing which
you may attend.
PLACE: Vernon City Hal-1
City Council Chambers
4305 Santa Fe Avenue
Vernon, CA 90058
TIME: Wednesday, April 2, 2003, at 5:00 p.m
The purpose of the hearing is to consider the adoption
of an ordinance extending the 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 March 19, 2003
BRUCE V. MALKE HORST,
City Administrator/City Clerk
■_
AFFIDAVIT OF POSTING e
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF VERNON
I, Sergio Canales, Engineering Aide of the -City of
Vernon, do hereby certify that I did, on the 19th day of March,
2003, post three (3) copies of
NOTICE OF PUBLIC HEARING, to be held April 2, 2003, (see
attached copies) The purpose of the hearing is to consider the
adoption of an ordinance extending the moratorium on the
establishment of advertising displays and signs. The public is
also invited to submit written comments prior to the hearing.
One in each of the following places to wit: At the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard; and on the bulletin board
in the lobby of the City Hall of the City of Vernon, located' at -
4305 Santa Fe Avenue, all in said City, there being no newspaper
of general circulation printed and published in the City of
Vernon.
Date: March 19, 2003 -
Ser o Can s, Engineering Aide
State of California
ss.
County of Los Angeles
On _641,7 L,.ao3 before me,
Notaryl Public, personally appeared Sergio Ca es, personally
known to me
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and off' ial seal
4 GLORIA J. OROSC0
Comm.#1370778 l�
NOTARY PUBLIC-CAIIEORNIA V/
/ LO MY Comma EArp Aug.gj, 2806 a„f
AFFIDAVIT OF POSTING
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss
CITY OF VERNON )
I, Sergio Canales, Engineering Aide of the City of
Vernon, do hereby certify that I did, on the 19th day of March,
2003, post three (3) copies of:
NOTICE OF PUBLIC HEARING, to be held April 2, 2003, (see
attached copies). The purpose of the hearing is to consider the
adoption of an ordinance extending the moratorium on the
establishment of advertising displays and signs. The public is
also invited to submit written comments prior to the hearing.
One in each of the following places to wit: At the northwest
corner of 38th Street and Santa Fe Avenue; the northeast corner of
Leonis Boulevard and Pacific Boulevard; and on the bulletin board
in the lobby of the City Hall of the City of Vernon, located at
4305 Santa Fe Avenue, all in said City, there being no newspaper
of general circulation printed and published in the City of
Vernon.
Date: March 19, 2003
Ser o Can s, Engineering Aide
State of California )
ss .
County of Los Angeles )
On �S _ ' /JOO before me, L4' "-W #.&
Notary Pu lic, personally appeared Sergio Ca es, personally
known to me
to be the person whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on theinstrument the person,
or the entity upon behalf of which the person acted, executed the
instrument.
WITNESSm y hand and of��ial sear