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Ordinance No. 1162ORDINANCE NO. 1162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA AMENDING ARTICLE XIV OF CHAPTER 2 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA 1959, RELATING TO THE RECALL OF MEMBERS OF THE CITY COUNCIL WHEREAS, pursuant to Article XI, Section 5 and Article II, Section of 19 of the California Constitution, the conduct of elections and the recall of municipal elective officials in charter cities are municipal affairs to be controlled by city charters; and WHEREAS, Chapter 5.4 of the Charter of the City of Vernon provides that the recall of municipal elective officials in the City of Vernon shallebe governed by ordinance; and WHEREAS, Article XIX of Chapter 2 of the Code of the City of Vernon, 1959, as amended, governs the recall of municipal elective officials; and WHEREAS, given the unique characteristics of the City of Vernon, including the limited number of registered voters residing in the City, certain changes are necessary to ensure a fair and open recall process controlled by the registered voters of the City; and WHEREWAS, the City of Vernon has an interest in preserving the integrity and transparency of the recall election process by promoting transparency and accountability, and in providing Vernon voters with information about who supports putting a recall election on the ballot; and WHEREAS, pursuant to its authority under the California Constitution and the Charter of the City of Vernon, it is the intent of the City Council to amend the procedure for recall of municipal elective officials in the City of Vernon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: Section 1. The foregoing recitals are true and correct and hereby adopted. Section 2. CODE AMENDED Article XIV of Chapter 2 of the Code of the City of Vernon, 1959, is hereby amended and restated to read as follows (in this ordinance, text to be added is set out in bold; text to be deleted is set out in "Sec. 2.93. Pr-spenent-s Commencement of recall proceedings; qualifications of proponents. (a) Proceedings may be commenced for the recall of any municipal elective officer, including any officer appointed in lieu of election or to fill a vacancy, by the service, filing and publication of a notice of intention to circulate a recall petition pursuant to this Article. Trlke (b) Each of the proponents of a recall must be registered voters of the City of Vernon for at least fourteen (14) calendar days prior to the date a notice of intention is served on'..��s ,,__sdietien of the officer they seek to recall. (c) No person shall solicit or accept any monetary or non - monetary payment, compensation or remuneration of any kind in exchange for acting as a proponent of a recall. No person or entity shall make to any other person any monetary or non -monetary payment, compensation or remuneration of any kind in exchange for that person acting as a proponent of a recall. Sec. 2.94. Limitations on the commencement of recall proceedings. - 2 - peEsen had been neminated teefrree, pProceedings may not be commenced against an officer of a ei-ty the City in the event of one or more of any of the following: (a) He or she has not held office during his or her current term for more than one hundred twenty (120) eighty (180) days; (b) A recall election has been determined in his or her favor within the last year E '" FReRt & (c) His or her term of office ends within one year nine , mexiths or less. Sec. 2.95. Contents of the Notice of intention. The notice of intention shall contain all of the following: (a) The name and title of the officer sought to be recalled. (b) A statement, not exceeding two hundred (200) words in length, of the reasons for the proposed recall. (c) The printed name, signature, and residence address of each of the proponents of the recall. If a proponent cannot receive mail at the residence address, he or she must provide an alternative mailing address. The minimum number of proponents is fifteen (15), or equal to the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher. (d) A statement, executed under of penalty of perjury by each proponent, that he or she is qualified to be the proponent of a recall pursuant to the requirements of this Article and is not being paid or compensated in any way for being a proponent of the recall. Sec. 2.96. Service; filing; separate notice for each officer. A copy of the notice of intention shall be served by personal - 3 - delivery, or by certified mail, on the officer sought to be recalled. Within seven (7) days of serving the notice of intention, the original thereof shall be filed, along with an affidavit of the time and manner of service, with the City Clerk in his or her office during normal business hours as posted. eleetiens effieial eL-, in to ease—ef the Eeeall e€ a state e`€ieeia, the Seeretarr a€State. A separate notice of intention shall be filed for each officer sought to be recalled. Sec. 2.97. Publication or posting; expense. A copy of the notice shall be published at the proponents, expense in a newspaper of general circulation pursuant to Section 6061 of the Government Code. Piiblieatlen shall' posted in at least thicee (3) publie plaees within the juicisdietien ef the e€€iee3F `e he v eal ee Sec. 2.98. Answer; service. (a) Within twenty-one (21) days after the filing of the notice of intention, the officer sought to be recalled may file with the City Clerk, during normal business hours as posted, elee Liens effieial eF in the ease e€ a state e`€'ee3a, the See etarr e€ State, an answer, in not more than two hundred (200) words, to the statement of the proponents. (b) If an answer is filed, the effee= City Clerk shall, within fourteen (14) days after the filing of the answer niee-ef irate =tien, alse serve a copy of it, by personal delivery or by certified mail, on one of the proponents named in the notice of - 4 - intention (c) The answer shall be signed and shall be accompanied by the printed name and business or residence address of the officer sought to be recalled. Sec. 2.99. Prerequisites to affixation of signatures; notice of intention. (a) The petition may consist of any number of separate sections, which shall be duplicates except as to signatures and matters required to be affixed by signers and circulators. The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures. (b) Each section of the petition may consist of any number of separate pages. A page shall consist of each side of a sheet of paper on which any signatures appear. Sec. 2.100. Prerequisites to affixation of signatures; contents of petition. (a) The proponents shall use the recall petition format provided by the City Clerk. Seeretary of State andavailable F— the eeizinty eleet=±ens e ffi _,er the SeeEetai= . e f Sta . Before any signature may be affixed to a recall petition, each page of each section must bear all of the following in no less than 8-point type: (1) A copy of the notice of intention, including the statement of grounds for recall and the names of each of the proponents.—fr—puL-peaes e€ this—garagrh; the eepy of tZ _ netiee ef i nte==t=.z= shall eenta=n the names e€ at least= to ree� p=epenents that appear en the netiee of inbentlen and that r-e sel-eeted by the prepenents. The eleetiens effleial shall the —names —e€ meEe than —fifteen —(15 )pLcepenents t a d - 5 - (2) The answer of the officer sought to be recalled, if any. If the officer sought to be recalled has not answered, the petition shall so state. (3) A request that an election be held to determine the question of whether the officer should be recalled. (b) All petition sections shall be printed in uniform size and darkness with uniform spacing. Sec. 2.101. Prerequisites to affixation of signatures; filing of blank copies; ascertainment of proper form and wording; notice. (a) within ten (10) days after filing of the answer to the notice of intention, or, if no answer is filed, within ten (10) days after the expiration of the twenty one (21) 34-day period specified, the proponents shall file two (2) blank copies of the petition with the City Clerk leetiens effi .'_l in his or her office during normal office hours as posted ea,in the —ease ef a—reeall ef a —state effl.eei=with the Seeretarry e€ State, in his er her effiee a g normal efflee—nears—aspeeted, who shall ascertain if the proposed form and wording of the petition meets the requirements of this article. (b) The City Clerk shall, within thirty (30) days of receiving the blank copies of the petition, notify the proponents in writing of his or her finding. (be) At the time of the filing of the two (2) blank copies of the petition, the proponents shall also file proof of publication of the notice of intention in compliance with this Chapter. eE an s£fiaa it of p es i g of the netiee efintentien, if the netiee e€ Mien was —published er an affidavit e€ pest'nge€the tiee ef - 6 - intentien, if the netiecR-isn`entien was pes`ced. !Phe elme time .. e€€ielal, shall, within€E4.y (30) days of veeeiving the eeples e€—the petitien, netif • the p ent i rifling of his . hcr rrrxaxxxcT (d) If the City Clerk ,.'..bens effieial finds that the requirements of this article.are not met, the City Clerk elee times effieial shall include in his or her findings a statement as to what alterations in the petition are necessary. The proponents shall, within ten (10) days after receiving the notification, file two (2) blank copies of the corrected petition with the City Clerk elect t ens ofopal in his or her office during normal office hours as posted. The 10-day correction notification period and the 10-day filing period for corrected petitions shall be repeated until the City Clerk e ..bens effieial finds no alterations are required. The determination of the City Clerk shall be final and conclusive. (e) No signature may be affixed to a recall petition until the City Clerk eleetiens effieial has notified the proponents that the form and wording of the proposed petition meet the requirements of this Article. Sec. 2.102. Petitions; affixation of signature and information by signer; margin. (a) The petition sections shall be designed so that each signer shall personally affix all of the following: (1) His or her signature. (2) His or her printed name as registered to vote in the City of Vernon. (3) His or her residence address, giving street and number, or if no street or number exists, adequate - 7 - designation of residence so that the location may be readily ascertained. (4) The name of the incorporated city or unincorporated community in which he or she resides. (b) A margin, at least one (1) inch wide, shall be left blank across the top of each page of the petition. A margin, at least one- half (1/2) inch wide, shall be left blank along the bottom of each page of the petition. (c) A space, at least one (1) inch wide, shall be left blank after each name for the use of the elections effieial City Clerk or his or her designee in verifying the petition. (d) The names of the proponents and persons who sign a recall petition shall be a matter of public record and disclosable to the public by the City Clerk upon request pursuant to the California Public Records Act Or any successor statute. (e) Any person may withdraw his or her signature from a recall petition by filing a written request with the City Clerk prior to the time the petition is accepted for filing. Sec. 2.103. Separate petitions for each officer. Separate petitions are necessary to propose the recall of each officer. Sec. 2.104. Circulators or signers; qualifications. Only registered voters of the City of Vernon at the time of circulation eleeter-al }u�-isdietien e€ the e€€ieer- seaght to b reealled are qualified to circulate or sign a recall g petition for a Member of the Vernon City Council. thatepee=. Sec. 2.105. Time for filing. (a) A recall petition shall be submitted to the elections officials - 8 - for filing in his or her office during normal office hours as posted within thirty (30) calendar days immediately following the date t-he fellow ng n.imb.._ e f days after the City Clerk notifies the proponents that the form and wording of the petition meets the requirements of this Article. 3 Gh (2) (60 the has less 5,000 —SiXty )days if registered aete�-s but (3) Ninety (90) days eleete3aal at least 1000. if jur-€sdietien has less than 10,000 registeredveteEs (4) 9ne hundred t5wenty the eleeterel btit at beast- nos if jui-lsdretien has less than 50,090 c4' but the eleet-ai=a beast arisdierien registered (5) Gne hundred-sipty veteics days 4€ a 10,090. has 50,000registeL-ed . ,.ters (b) FeE (160)- the eleet-eral jurisdietiex-, of puLnpeses e€ this seetlen the number r-eglste3Fea Sec. 2.106. Number of qualified signatures required. be sl i gy .. resell for the ballot. The number of qualified signatures of registered voters in the City of Vernon required in order to qualify a recall for the ballot shall be Forty percent (40%) of the registered voters in the City. - 9 - For the purpose of determining the number of signatures required to qualify a recall petition, the City Clerk shall determine the number of registered voters specified in the last report of registration by the Los Angeles County Elections Official to the Secretary of State immediately prior to the finding by the City Clerk that no alterations are required in the form of the recall petition, and add to that figure any additional voter registrations in the City of Vernon filed with the City or County between the date of said report and the City Clerk's finding referenced in this Section, and shall include, without limitation, the proponents. as frs= € 19,000 but least 1,090. pereent if the registratiexi-is less than an at (3) Thirty (3996) 50,eee beat least 19,00-0: pereent if the registratioa €s—lens at (4) Twenty €ive—(25%) than 100,009 but least 50,0e0 at a (5) Twenty (2096) if the is 100,900 pereent er (b) Fer ptirpeses this e€ seetien, the nufftbeL- of registered - 10 - 4:10 42_ Sec. 2.107. Presentation for filing; count of signatures; acceptance for filing; sections not filed; insufficient number of signatures. (a) The petition shall be filed personally by one or more of the proponents..—er-by-any peEsen erpeEsens witberlEe , in writi:ng-, by a pFepenent. All sections of the petition shall.be filed at the same time. (b) When the petition is presented for filing, the City Clerk e eet ens effieial shall determine the total number of signatures affixed to the petition. If, from this examination, the City Clerk eleet _rs effieial determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the City Clerk eleetiens effieial shall accept the petition for filing. The petition shall be deemed as filed on that date. Any sections of the petition not so filed shall be void for all purposes. If, from the City Clerk's eleetiens e€€ieialls examination, the City Clerk elect ens effieial determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the petition shall not be filed. Any petition not accepted for filing shall be returned to the proponents. Sec. 2.108. Determination of number of valid signatures; notice of sufficiency or insufficiency; certification of results. (a) $#eept as-pr-evided in Seetien11225, ithin sixty (60) days from the date of filing of the petition, the City Clerk '..bens effieial shall examine the petition, and from the records of registration, ascertain whether or not the petition is signed by the requisite number of voters. If the City Clerk's ^'e�s ^`ols examination shows that the number of valid signatures is greater than the required number, the City Clerk ^'eet ens eff e a' shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the City Clerk ^'e�tiens effieial shall certify the petition to be insufficient. (b) In determining the number of valid signatures, the City Clerk e'eet ens eff -i-1 may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters, signatures, provided that the method of preparing and displaying the facsimiles complies with laws. (c) The City Clerk elect ens effle'-1 shall attach to the petition a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition. (d) If the petition is found sufficient, the City Clerk eleet ens effieial shall certify the results of the examination to the City Council g^. _-_____g be at its next regular meeting. Sec. 2.109. Sufficiency of petition; certification to governing body; contents. if the eleet}ens—effieia' finds the signatuEes en the petiti&R to be suffieient he eaF she shall submithis hei= ee3atifieate the suffieieneyerg t t e t r o the geveLcning beds at its ne3et -_g•a'-a_ E:-- 'ng. The City Clerk's certificate of sufficiency shall contain: (a) The name of the officer whose recall is sought. - 12 - (b) The title of his or her office. (c) The number of signatures required by law. (d) The total number of signatures on the petition. (e) The number of valid signatures on the petition. (f) The number of signatures, which were disqualified. Sec. 2.110. Order by City Council geveraing body. Within twenty-eight (28) days after the meeting at which the City Council geverning bedy received the certificate of sufficiency, the City Council geveEning b shall issue an order stating that an election shall be held pursuant to this Article to determine whether or not the officer named in the petition shall be recalled. Sec. 2.111. Time; consolidation with regular or special election. The election shall be held on the next established election date under the California Elections Code not less than eighty-eight (88), aermer-e—than ene hidnd-ed twenty five "�5T days after the issuance of the order. and it a i-egalar eE speelal eleetien is te be held the City threxgheut the—eleeferaljii=r sd€et}en e€ the effieer seught to be xaaalled within thi s time peried the reeall elee-ti-en shall be helel en the same day, and eenselldated with, the regular erspeeil firl - Sec. 2.112. Limitation on the election for recall of several officers. Not more than two (2) Members of the City Council shall be subject to recall at any election. Should more than two Members of the City Council be subject to a recall process at any given time, consistent with the limitations.of Section 2.94, the City Clerk shall determine by random lot the order that elections for officers subject to recall shall be scheduled. One election is sufficient for the - 13 - recall of :teal up to two officers. Sec. 2.113. Conduct, canvass and declaration of results. A recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by general law and this Code for a regular election for the office. Sec. 2.114. Removal from office if -_1M emit 2/3 vote for recall. If two-thirds or more a _-__,___t-�y of the votes on a recall proposal are "Yes," the officer sought to be recalled shall be removed from office upon the certification of the election results by the City Council. qualifieatien e f his sueeesser. Sec. 2.115. Negative votes necessary for retention of office. If ene hula ('ter one third (1-3) or more of the votes at a recall election are "No," the officer sought to be recalled shall continue in office. Sec. 2.116. Recall of officer creates vacancy; filling of vacancy. If a Member of the City Council is recalled, his or her office shall be vacant upon certification of the election results by the City Council. The vacancy shall be filled by the City Council by following the procedure set forth in California Government Code Section 36512 or any successor statute , except that a special election held to fill a vacancy, if called by the City Council, shall be held on the date of the next regular municipal election at least eighty eight (88) days following the call of the election. A recalled Member of the City Council shall not be eligible to fill a vacancy created by recall at the same election. preeedures, emeeptiens. �aefftinatiens-e€ eandidates—te sueeeed the reeallea effleeE shall - 14 - shall, in be filed less eaeh ease, net than seventy five (75) dap r the el.eetien is €ssiied. if the—eleetiens effieial is regfaiEed to arid' f • to the beard F M t, ed en the heverning thenames eandidates ballet that be dene by 71st a w plae ,,, cetTxvix- cr shall the pEier te Feeeivinythehighest (10) days £t vi g his eE her ee3Ftl€ieate eF e'eetien, the e ccr—mixxrcxx he cri—she 6da9 eleeted Shall be vaeant, and —shall -ac Section 3. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the - 15 - remaining provisions, sections, paragraphs, sentences and words of this ordinance shall remain in full force and effect. Section 4. PUBLICATION The City Clerk shall attest and certify to the adoption of this Ordinance and shall cause this Ordinance and the City Clerk's certification to be entered in the Book of Ordinances of the Council of this City. The City Clerk shall cause this ordinance to be published or posted as required by law. Section 5. IMMEDIATE EFFECT Pursuant to Section 4.3 of the Charter of the City of Vernon, the City Council finds and declares that this ordinance relates to an election and may be introduced and adopted at one meeting, and shall take effect immediately. APPROVED AND ADOPTED this 20th day of September, 2011. Name: Mario Gonzales Title: Mayor / ro- - 16 - STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, Willard Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1162, was duly and regularly introduced at a meeting of the City Council of the City of Vernon, on Monday, October 26, 2009, and thereafter adopted at a meeting of said City Council held on Tuesday, September 20, 2011, by the following vote: AYES: Councilmembers: Mayor Gonzales, Davis, Maisano, McCormick, NOES: Councilmembers: None ABSENT: Councilmembers: None And thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this o O day of September, 2011, at Vernon, California. (SEAL) - 17- CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: September 21, 2011 TO: Mark Whitworth, City Administrator/Fire Chief Kristen Enomoto, Council Department Manager FROM: Willard Yamaguchi, City Clerk RE: ORDINANCE NO. 1162 —AN IORDANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING ARTICLE XIV OF CHAPTER 2 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA 1959, RELATING TO THE RECALL OF MEMBERS OF THE CITY COUNCIL Transmitted herewith is a copy of Ordinance No. 1162 referenced above, which was approved by City Council on September 20, 2011. Thank you. WY:dj c: Ana Barcia Ordinance No. 1162 Page 1 of 1 Juarez, Debbie From: Barcia, Ana Sent: Tuesday, September 13, 2011 12:14 PM To: 'Bianca @ Eastern Group' Cc: Yamaguchi, Willard; Enomoto, Kristen; Juarez, Debbie Subject: 09-15-11 Publication Attachments: First Summary for all Ordinances.doc Hello Bianca, Please include the attached Summary of Ordinances in the September 15, 2011, publication. Please respond to this email confirming receipt. You may forward the invoice to my attention. Thank you, Ana Barcia City of Vernon T: 323) 583-8811 ex 286 F: 323) 826-1439 abarcia@ci.vernon. ca. us CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you arc not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. 9/13/2011 CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. 1160 —1167, 1169 — 1181 AND 1183 A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NOS. 1160 — 1167, 1169 — 1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On September 20, 2011, the City Council of the City of Vernon is proposing to adopt Ordinance Nos. 1160 —1167, 1169 — 1181 and 1183 amending certain provisions of the Vernon City Code as follows: Ordinance No. 1160 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 26, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1160 amending Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as follows: 1. To change the title of Article IV of Chapter 13 to Hazardous Materials Monitoring and Control Program; 2. To update and clarify definitions and other provisions in accordance with State hazardous material laws, regulations and regulatory options; 3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to 13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and 4. To add a section regarding unlawful hazardous materials management. Ordinance No. 1161 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 19, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1161 adopting by reference the Department of Water Resources State Model Landscaping Ordinance, amending Sections 25.100, 25.101, 25.102, 25,103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as follows: 1. To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 2. To add a section regarding the Department of Water Resources State Model Efficient Landscape Ordinance. Ordinance No. 1162 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 26, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1162 amending Sections Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of the City Council. Ordinance No. 1163 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1163, an Emergency Zoning Ordinance prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1- 4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1164 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1164, a zoning ordinance prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1165 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1165 amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections to implement campaign finance regulations. Ordinance No. 1166 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1166 temporarily suspending acceptance and review of non-exclusive solid waste franchise agreement applications. Ordinance No. 1167 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1167 amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections and the appointment of Council members in uncontested elections. Ordinance No. 1169 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1169 abolishing the Police and Fire Commission. Ordinance No. 1170 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1170 repealing Section 7.3 of the Vernon City Code authorizing the delegation of enforcement responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations. Ordinance No. 1171 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1171 adding Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the aboveground petroleum storage act. Ordinance No. 1172 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 14, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1172 amending Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Librarv, of Chapter 2, Administration, of the Vernon City Code as follows: Establishing a Board of Library Trustees; composition; appointment of members; and 2. Appointing the Mayor as president and the Mayor pro tempore as president pro tempore of the Board of Library Trustees. Ordinance No. 1173 was duly introduced at a regular meeting of the City Council of the City of Vernon held on July 19, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1173 amending the Vernon City Code to authorize the Fire Chief to report directly to the City Council and defining the term "reporting to the City Council." Ordinance No. 1174 was duly introduced at a regular meeting of the City Council of the City of Vernon held on August 2, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1174 amending the Vernon City Code to clarify that the City Council appoints the purchasing agent. Ordinance No. 1175 was duly introduced at a regular meeting of the City Council of the City of Vernon held on March 1, 2011. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1175 establishing a three-year restriction on cutting of newly paved or resurfaced streets and amending the Vernon City Code regarding deposits, surety bonds and liability insurance for encroachment permits and licenses. Ordinance No. 1176 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1176 amending Chapter 24, building and construction, of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 2010 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7) the 2010 California Residential Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1177 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1177 amending Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the 2010 California Fire Code including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1178 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 15, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1178 extending the existing time limits for the effectiveness of and the receipt of tax increment for the industrial redevelopment project. Ordinance No. 1179 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 15, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1179 eliminating the existing time limits on incurring debt for the first amended industrial redevelopment project. Ordinance No. 1180 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 6, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1180 amending section 2.1 of the Vernon City Code relating to the time and place of City Council meetings. Ordinance No. 1181 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 6, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1181 extending the existing time limits for commencement of eminent domain proceedings to acquire property within the industrial redevelopment project. Ordinance No. 1183 was duly introduced at a regular meeting of the City Council of the City of Vernon held on May 26, 2011. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1183 establishing a Housing Commission pursuant to the provisions of the City Charter of the City of Vernon and specifying the membership and duties of the Housing Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 were duly introduced to the City Council of the City of Vernon at a regular meeting and said Ordinances are scheduled to be approved and adopted at a regular meeting of the City Council to be held on September 20, 2011. Dated: Willard G. Yamaguchi, City Clerk Juarez, Debbie From: Barcia, Ana Sent: Tuesday, September 20, 2011 4:17 PM To: 'Bianca @ Eastern Group' Cc: Yamaguchi, Willard; Enomoto, Kristen; Juarez, Debbie Subject: 09-22-11 Publication Attachments: Second Summary for Ordinance Nos 1160-1167 1169-1181 1183 (2).doc Hello Bianca, Please include the attached Second Summary of Ordinances in the September 22, 2011, publication. Please respond to this email confirming receipt. You may forward the invoice to my attention. Thank you, Ana Barcia City of Vernon T: 323) 583-8811 ex 286 F: 323) 826-1439 abarcia@ci.vernon.ca.us CONFIDENTIALITY NOTICE: This e-mail transmission, and any documents, files or previous e-mail messages attached to it may contain confidential information that is legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender. Please destroy the original transmission and its attachments without reading or saving in any manner. CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. 1160 — 1167, 1169 — 1181 AND 1183 A CERTIFIED COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NOS. 1160 — 1167, 1169 — 1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 were duly introduced at a regular meeting of the City Council of the City of Vernon and approved and adopted by said Council at a regular meeting held on September 20, 2011. On September 20, 2011, the City Council of the City of Vernon adopted Ordinance Nos. 1160 — 1167, 1169 —1181 and 1183 amending certain provisions of the Vernon City Code as follows: Ordinance No. 1160 was adopted by the City Council of the City of Vernon amending Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as follows: 1. To change the title of Article IV of Chapter 13 to Hazardous Materials Monitoring and Control Program; 2. To update and clarify definitions and other provisions in accordance with State hazardous material laws, regulations and regulatory options; 3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to 13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and 4. To add a section regarding unlawful hazardous materials management. Ordinance No. 1161 was adopted by the City Council of the City of Vernon adopting by reference the Department of Water Resources State Model Landscaping Ordinance, amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as follows: 1. To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 2. To add a section regarding the Department of Water Resources State Model Efficient Landscape Ordinance. Ordinance No. 1162 was adopted by the City Council of the City of Vernon amending Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of the City Council. Ordinance No. 1163, an emergency Zoning Ordinance, was adopted by the City Council of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co- ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1164, a zoning ordinance, was adopted by the City Council of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1165 was adopted by the City Council of the City of Vernon amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections to implement campaign finance regulations. Ordinance No. 1166 was adopted by the City Council of the City of Vernon temporarily suspending acceptance and review of non-exclusive solid waste franchise agreement applications. Ordinance No. 1167 was adopted by the City Council of the City of Vernon amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections and the appointment of Council members in uncontested elections. Ordinance No. 1169 was adopted by the City Council of the City of Vernon abolishing the Police and Fire Commission. Ordinance No. 1170 was adopted by the City Council of the City of Vernon repealing Section 7.3 of the Vernon City Code authorizing the delegation of enforcement responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations. Ordinance No. 1171 was adopted by the City Council of the City of Vernon adding Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the aboveground petroleum storage act. Ordinance No. 1172 was adopted by the City Council of the City of Vernon amending Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Library, of Chapter 2, Administration, of the Vernon City Code as follows: Establishing a Board of Library Trustees; composition; appointment of members; and 2. Appointing the Mayor as president and the Mayor pro tempore as president pro tempore of the Board of Library Trustees. Ordinance No. 1173 was adopted by the City Council of the City of Vernon amending the Vernon City Code to authorize the Fire Chief to report directly to the City Council and defining the term "reporting to the City Council." Ordinance No. 1174 was adopted by the City Council of the City of Vernon amending the Vernon City Code to clarify that the City Council appoints the purchasing agent. Ordinance No. 1175 was adopted by the City Council of the City of Vernon establishing a three-year restriction on cutting of newly paved or resurfaced streets and amending the Vernon City Code regarding deposits, surety bonds and liability insurance for encroachment permits and licenses. Ordinance No. 1176 was adopted by the City Council of the City of Vernon amending Chapter 24, building and construction, of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 2010 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7) the 2010 California Residential Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1177 was adopted by the City Council of the City of Vernon amending Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the 2010 California Fire Code including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1178 was adopted by the City Council of the City of Vernon extending the existing time limits for the effectiveness of and the receipt of tax increment for the industrial redevelopment project. Ordinance No. 1179 was adopted by the City Council of the City of Vernon eliminating the existing time limits on incurring debt for the first amended industrial redevelopment project. Ordinance No. 1180 was adopted by the City Council of the City of Vernon amending section 2.1 of the Vernon City Code relating to the time and place of City Council meetings. Ordinance No. 1181 was adopted by the City Council of the City of Vernon extending the existing time limits for commencement of eminent domain proceedings to acquire property within the industrial redevelopment project. Ordinance No. 1183 was adopted by the City Council of the City of Vernon establishing a Housing Commission pursuant to the provisions of the City Charter of the City of Vernon and specifying the membership and duties of the Housing Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance Nos. 1160 —1167, 1169 —1181 and 1183 were duly introduced and approved by the City Council of the City of Vernon at a regular meeting and adopted and passed by said Council at a regular meeting held on September 20, 2011 by the following roll call vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: Dated: September 20, 2011 Mayor Gonzales, Davis, McCormick, Maisano, Newmire None None Willard G. Yamaguchi, City Clerk CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. 1160 —1167, 1169 —1181 AND 1183 A CERTIFIED COPY OF THE FULL TEXT OF PROPOSED ORDINANCE NOS. 1160 —1167, 1169 —1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. On September 20, 2011, the City Council of the City of Vernon is proposing to adopt Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 amending certain provisions of the Vernon City Code as follows: Ordinance No. 1160 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 26, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1160 amending Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as follows: 1. To change the title of Article IV of Chapter 13 to Hazardous Materials Monitoring and Control Program; 2. To update and clarify definitions and other provisions in accordance with State hazardous material laws, regulations and regulatory options; 3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to 13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and 4. To add a section regarding unlawful hazardous materials management. Ordinance No. 1161 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 19, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1161 adopting by reference the Department of Water Resources State Model Landscaping Ordinance, amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25105, 25.106(b), 25.107(a) and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as follows: 1. To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 2. To add a section regarding the Department of Water Resources State Model Efficient Landscape Ordinance. Ordinance No. 1162 was duly introduced at a regular meeting of the City Council of the City of Vernon held on October 26, 2009. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1162 amending Sections Article XIV -of Chapter 2 of the Vernon City Code relating to the recall of Members of the City Council. Ordinance No. 1163 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1163, an Emergency Zoning Ordinance prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1- 4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1164 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1164, a zoning ordinance prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1165 was duly introduced at a regular meeting of the City Council of the City of Vernon held on January 4, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1165 amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections to implement campaign finance regulations. Ordinance No. 1166 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 1, 2010. The City Council of. the City of Vernon is proposing to adopt Ordinance No. 1166 temporarily suspending acceptance and review of non-exclusive solid waste franchise agreement applications. Ordinance No. 1167 was duly introduced at a regular meeting of the City Council of the City of Vernon held on February 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1167 amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections and the appointment of Council members in uncontested elections. Ordinance No. 1169 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1169 abolishing the Police and Fire Commission. Ordinance No. 1170 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1170 repealing Section 7.3 of the Vernon City Code authorizing the delegation of enforcement responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations. Ordinance No. 1171 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 7, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1171 adding Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the aboveground petroleum storage act. Ordinance No. 1172 was duly introduced at a regular meeting of the City Council of the City of Vernon held on June 14, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1172 amending Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Librarv, of Chapter 2, Administration, of the Vernon City Code as follows: Establishing a Board of Library Trustees; composition; appointment of members; and 2. Appointing the Mayor as president and the Mayor pro tempore as president pro tempore of the Board of Library Trustees. Ordinance No. 1173 was duly introduced at a regular meeting of the City Council of the City of Vernon held on July 19, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1173 amending the Vernon City Code to authorize the Fire Chief to report directly to the City Council and defining the term "reporting to the City Council." Ordinance No: 1174 was duly introduced at a regular meeting of the City Council of the City of Vernon held on August 2, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1174 amending the Vernon City Code to clarify that the City Council appoints the purchasing agent. Ordinance No. 1175 was duly introduced at a regular meeting of the City Council of the City of Vernon held on March 1, 2011. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1175 establishing a three-year restriction on cutting of newly paved or resurfaced streets and amending the Vernon City Code regarding deposits, surety bonds and liability insurance for encroachment permits and licenses. Ordinance No. 1176 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1176 amending Chapter 24, building and construction, of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 2010 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7) the 2010 California Residential Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No.1177 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 1, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1177 amending Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the 2010 California Fire Code including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1178 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 15, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1178 extending the existing time limits for the effectiveness of and the receipt of tax increment for the industrial redevelopment project. Ordinance No. 1179 was duly introduced at a regular meeting of the City Council of the City of Vernon held on November 15, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1179 eliminating the existing time limits on incurring debt for the first amended industrial redevelopment project. Ordinance No. 1180 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 6, 2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1180 amending section 2.1 of the Vernon City Code relating to the time and place of City Council meetings. Ordinance No. 1181 was duly introduced at a regular meeting of the City Council of the City of Vernon held on December 6,.2010. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1181 extending the existing time limits for commencement of eminent domain proceedings to acquire property within the industrial redevelopment project. Ordinance No. 1183 was duly introduced at a regular meeting of the City Council of the City of Vernon held on May 26, 2011. The City Council of the City of Vernon is proposing to adopt Ordinance No. 1183 establishing a Housing Commission pursuant to the provisions of the City Charter of the City of Vernon and specifying the membership and duties of the Housing Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance Nos. 1160 —1167, 1169 — 1181 and 1183 were duly introduced to the City Council of the City of Vernon at a regular meeting and said Ordinances are scheduled to be approved and adopted at a regular meeting of the City Council to be held on September /20, 2011. Dated: illard d. Y ag chi Cit erk RECEIVE® SEP 0 8 2011 CITY ADMINISTRATION STAFF REPORT, CITY ATTORNEY'S OFFICE DATE: September 7, 2011 TO: Honorable Mayor and City Council FROM: Michael B. Montgomery, Interim City Attorneys RE: Adoption of Existing Ordinances !!//�� SUMMARY It was recently discovered that recent ordinances were not published after adoption. RECOMMENDATIONS It is recommended that Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 be considered for adoption at the September 201h meeting. Upon fifteen (15) days of adoption summaries for all ordinances listed shall be published in the Vernon Sun. Rather than enclosing voluminous documents in your packets, certified copies of Ordinance Nos. 1160 —1167, 1169 —1181 and 1183 are available in the City Clerk's office. There are no changes from the ordinances originally introduced. 1 2 3 4 5 6 7 8 9 10 11 12 13 OXA! 15 16 17 18 19 20 21 22 23 24. 25 26 27 28 ORDINANCE NO. 1162 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON, CALIFORNIA AMENDING ARTICLE XIV OF CHAPTER 2 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA 1959, RELATING TO THE RECALL OF MEMBERS OF THE CITY COUNCIL WHEREAS, pursuant to Article XI Section 5 and Article II, Section of 19 of the California Constitution, the conduct of elections and the recall of municipal elective officials in charter cities are municipal affairs to be controlled by city charters; and WHEREAS, Chapter 5.4 of the Charter of the City of Vernon provides that the recall of municipal elective officials in the City of Vernon shall be governed by ordinance; and WHEREAS, Article XIX of Chapter 2 of the Code of the City of Vernon, 1959, as amended, governs the recall of municipal elective officials; and WHEREAS, given the unique characteristics of the City of Vernon, including the limited number of registered voters residing in the -City, certain changes are necessary to ensure a fair and open recall process controlled by the registered voters of the City; and WHEREWAS, the City of Vernon has an interest in preserving the integrity and transparency of the recall election process by promoting transparency and accountability, and in providing Vernon voters with information about who supports putting a recall election on the ballot; and WHEREAS, pursuant to its authority under the California Constitution and the Charter of the City of Vernon, it is the intent of the City Council to amend the procedure for recall of municipal 1 2 3 4 5 6 7 8 C 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jelective officials in the City of Vernon. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF VERNON HEREBY ORDAINS: Section 1. The foregoing recitals are true and correct and hereby adopted. Section 2. CODE AMENDED Article XIV of Chapter 2 of the Code of the City of Vernon, 1959, is hereby amended and restated to read as follows (in this ordinance, text to be added is set out in bold; text to be deleted is set out in "Sec. 2.93. Prepenen-^ Commencement of recall proceedings; qualifications of proponents. (a) Proceedings may be commenced for the recall of any municipal elective officer, including any officer appointed in lieu of election or to fill a vacancy, by the service, filing and publication of a notice of intention to circulate a recall petition pursuant to this Article. The (b) Each of the proponents of a recall must be registered voters of the City of Vernon for at least fourteen (14) calendar days prior to the date a notice of intention is served on eleetera ;;•____ca-_t-___ =f the officer they seek to recall. (c) No person shall solicit or accept any monetary or non - monetary payment, compensation or remuneration of any kind in exchange for acting as a proponent of a recall. No person.or entity shall make to any other person any monetary or non -monetary payment, compensation or remuneration of any kind in exchange for that person acting as a proponent of a recall. Sec. 2.94. Limitations on the commencement of recall proceedings. - 2 - 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Eeept when a per-sen has been appointed te—effiee-beea-:use ne persen had been nemi nated te—effree, VProceedings may not be commenced against an officer of a ei-t-y the City in the event of one or more of any of the following: (a) He or she has not held office during his or her current term for more than one hundred twenty (120) eighty (180) days; (b) A recall election has been determined in his or her favor within the last year si m (6) faenth; (c) His or her term of office ends within one year nine(9) menths or less. Sec. 2..95. Contents of the Notice of Intention. The notice of intention shall contain all of the following: (a) The name and title of the officer sought to be recalled. (b) A statement, not exceeding two hundred (200) words in length, of the reasons for the proposed recall. (c) The printed name, signature, and residence address of each of the proponents of the recall. If a proponent cannot receive mail at the residence address, he or she must provide an alternative mailing address. The minimum number of proponents is fifteen (15), or equal to the number of signatures required to have been filed on the nomination paper of the officer sought to be recalled, whichever is higher. (d) A statement, executed under of penalty of perjury by each proponent, that he or she is qualified to be the proponent of a recall pursuant to the requirements of this Article and is not being paid or compensated in any way for being a proponent of the recall. Sec. 2.96. Service; filing; separate notice for each officer. A copy of the notice of intention shall be served by personal - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 delivery, or by certified mail, on the officer sought to be recalled. Within seven (7) days of serving the notice of intention, the original thereof shall be filed, along with an affidavit of the time and manner of service, with the City Clerk in his or her office during normal business hours as posted. eleetieNefieial e3F, in -the-ems ef the r e^ll ef a -state effs^ r, the S e r et -a ray o f State- A separate notice of intention shall be filed for each officer sought to be recalled. Sec. 2.97. Publication or posting; expense. A copy of the notice shall be published at the proponents' expense in a newspaper of general circulation pursuant to Section 6061 of the Government Code. Publreatien shall be qa Lce unless there is ne-newspaper of general eireulatien able to pr= - reealled. if this publieatien is net pessible, the netiee shall the effieer to be reeled. Sec. 2.98. Answer; service. (a) Within twenty-one (21) days after the filing of the notice of intention, the officer sought to be recalled may file with the City Clerk, during normal business hours as posted, eleetiens State, - an answer, in not more than two hundred (200) words, to the statement of the proponents. (b) If an answer is filed, the ^weer City Clerk shall, within fourteen (14) days after the filing of the answer n.etiee-ef rote„}, als e serve a copy of it, by personal delivery or by certified mail, on one of the proponents named in the notice of - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lintention. (c) The answer shall be signed and shall be accompanied by the printed name and business or residence address of the officer sought Ito be recalled. Sec. 2.99. Prerequisites to affixation of signatures; notice of intention. (a) The petition may consist of any number of separate sections, which shall be duplicates except as to signatures and matters required to be affixed by signers and circulators. The number of signatures attached to each section shall be at the pleasure of the person soliciting the signatures. (b) Each section of the petition may consist of any number of separate pages. A page shall consist of each side of a sheet of paper on which any signatures appear. Sec. 2.100. Prerequisites to affixation of signatures; contents of petition. (a) The proponents shall use the recall petition format provided by the City Clerk. Seeretary of State and available face the eeidnty-eleelens effie-ial er theSeeret-ary efState. Before any signature may be affixed to a recall petition, each page of each section must bear all of the following in no less than 8-point type: (1) A copy of the notice of intention, including the statement of grounds for recall and the names of each of the proponents.. e -penes e#this paragraph, the eepy of the netiee - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 parted-- the -1angdage f the retie e ef intentien. (2) The answer of the officer sought to be recalled, if any. If the officer sought to be recalled has not answered, the petition shall so state. (3) A request that an election be held to determine the question of whether the officer should be recalled. (b) All petition sections shall be printed in uniform size and darkness with uniform spacing. Sec. 2.101. Prerequisites to affixation of signatures; filing of blank copies; ascertainment of proper form and wording; notice. (a) Within ten (10) days after filing of the answer to the notice of intention, or, if no answer is filed, within ten (10) days after the expiration of the twenty one (21) 34-day period specified, the proponents shall file two (2) blank copies of the petition with the City Clerk eleet-iens-effie-iin his or her office during normal office hours as posted e3F, in the ease ef a re^ ll of a state nermal effi e-rhe:urs as pests _ who shall ascertain if the proposed form and wording of the petition meets the requirements of this article. (b) The City Clerk shall, within thirty (30) days of receiving the blank copies of the petition, notify the proponents in writing of his or her finding. (bc) At the time of the filing of the two (2) blank copies of the petition, the proponents shall also file proof of publication of the notice of intention in compliance with this Chapter. er a__ affidavitef pesting of the netiee-ef int-entiezz the netiee-e€ intentien was publishe4, er an affidavit of pesting ethe -netiee-ef - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 irtentr^r, if intentienwas , ted . The cleeti ns the ietiee—ef days the blank effielal, shall, within thirty (30) ef reeeiving her finding. (d) If the City Clerk e eet . eff e finds that the requirements of this article are not met, the City Clerk eleet en effieial shall include in his or her findings a statement as to what alterations in the petition are necessary. The proponents shall, within ten (10) days after receiving the notification, file two (2) blank copies of the corrected petition with the City Clerk eleetien effieial in his or her office during normal office hours as posted. The 10-day correction notification period and the 10-day filing period for corrected petitions shall be repeated until the City Clerk e eet bns eff e finds no alterations are required. The determination of the City Clerk shall be final and conclusive. (e) No signature may be affixed to a recall petition until the City Clerk e-leetrens—effieia= has notified the proponents that the form and wording of the proposed petition meet the requirements of Ithis Article. Sec. 2.102. Petitions; affixation of signature and information by signer; margin. (a) The petition sections shall be designed so that each signer shall personally affix all of the following: (1) His or her signature. (2) His or her printed name as registered to vote in the City of Vernon. (3) His or her residence address, giving street and number, or if no street or number exists, adequate - 7 - 1 designation of residence so that the location may be 2 readily ascertained. 3 (4) The name of the incorporated city or unincorporated 4 community in which he or she resides. 5 (b) A margin, at least one (1) inch wide, shall be left blank 6 across the top of each page of the petition. A margin, at least one- 7 half (1/2) inch wide, shall be left blank along the bottom of each 8 page of the petition. 9 (c) A space, at least one (1) inch wide, shall be left blank 10 after each name for the use of the e eet ens eff e City Clerk or 11 his or her designee in verifying the petition. 12 (d) The names of the proponents and persons who sign a recall 13 petition shall be a matter of public record and disclosable to the 14 public by the City Clerk upon request pursuant to the California 15 Public Records Act or any successor statute. 16 (e) Any person may withdraw his or her signature from a recall 17 petition by filing a written request with the City Clerk prior to the 18 time the petition is accepted for filing. 19 Sec. 2.103. Separate petitions for each officer. 20 Separate petitions are necessary to propose the recall of each 21 officer. 22 Sec. 2.104. Circulators or signers; qualifications. 23 Only registered voters of the City of Vernon at the time of 24 circulation eleetera3j:urisdietien of the —effi __ __u;,ht to 25 reealleE--are qualified to circulate or sign a recall petition for a 26 Member of the Vernon City Council. that e weer. 27 Sec. 2.105. Time for filing. 28 (a) A recall petition shall be submitted to the elections officials i 11 2 3 4 5 6 7 8 9 10 low 12 13 14 15 16 17 18 19 20 21 PAPA 23 24 25 26 27 28 for filing in his or her office during normal office hours as posted within thirty (30) calendar days immediately following the date -te felle rg-nuR+ber of days after the City Clerk notifies the proponents that the form and wording of the petition meets the requirements of this Article. -3 GhapterT I -- -•- • • • M T4."- Tb T r p:arpeses ef this "Z.. G-tiv'zr, the rrcmbez ef _ _ _, - ._ _ _ - Sec. 2.106. Number of qualified signatures required. is The number of qualified signatures of registered voters in the City of Vernon required in order to qualify a recall for the ballot shall be Forty percent (40%) of the registered voters in the City. - 9 - 1 2 3 4 5 6 7 8 A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 For the purpose of determining the number of signatures required to qualify a recall petition, the City Clerk shall determine the number of registered voters specified in the last report of registration by the Los Angeles County Elections official to the Secretary of State immediately prior to the finding by the City Clerk that no alterations are required in the form of the recall petition, and add to that figure any additional voter registrations in the City of Vernon filed with the City or County between the date of said report and the City Clerk's finding referenced in this Section, and shall include, without limitation, the proponents. as fe ,,,ws: 1 �.T.T.� -(2)---� Thirtyfive-(35%) pereent if the reg3-s t 1 utter i s less (b) F-er purp6T! - sTezthis sG etie 13, the nEr 6z registere - 10 - 1 2 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sec. 2.107. Presentation for filing; count of signatures; acceptance for filing; sections not filed; insufficient number of signatures. (a) The petition shall be filed personally by one or more of the proponents., , er b1 any p^__en er persens a:atherize , in writing, by a prepenent. All sections of the petition shall be filed at the same time. (b) When the petition is presented for filing, the City Clerk eleetiens effie shall determine the total number of signatures affixed to the petition. If, from this examination, the City Clerk eleetiens eff e determines that the number of signatures, prima facie, equals or is in excess of the minimum number of signatures required, the City Clerk eleetiens effie shall accept the petition for filing. The petition shall be deemed as filed on that date. Any sections of the petition not so filed shall be void for all purposes. If, from the City Clerk's eleetiens effi-e-ialls examination, the City Clerk eleetiens eff e ^1 determines that the number of signatures, prima facie, does not equal or exceed the minimum number of signatures required, the petition shall not be filed. Any petition not accepted for filing shall be returned to the proponents. Sec. 2.108. Determination of number of valid signatures; notice of sufficiency or insufficiency; certification of results. (a) E eept as previdedSeetien 11225ithin sixty (60) Nays from the date of filing of the petition, the City Clerk eleetiens effiei shall examine the petition, and from the records 1 2 3 4 5 6 7 8I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 lof registration, ascertain whether or not the petition is signed by the requisite number of voters. If the City Clerk's eleetien effieia! examination shows that the number of valid signatures is greater than the required number, the City Clerk eleetiens effie "l shall certify the petition to be sufficient. If the number of valid signatures is less than the required number, the City Clerk e etien ^tea shall certify the petition to be insufficient. (b) In determining the number of valid signatures, the City Clerk e eet ens eff e al may use the duplicate file of affidavits maintained, or may check the signatures against facsimiles of voters, signatures, provided that the method of preparing and displaying the facsimiles complies with laws. (c) The City Clerk eleetiens effie shall attach to the petition a certificate showing the result of this examination, and shall notify the proponents of either the sufficiency or insufficiency of the petition. (d) If the petition is found sufficient, the City Clerk elect ens effi .; ' shall certify the results of the examination to the City Council g=Tr-ningbeard- at its next regular meeting. Sec. 2.109. Sufficiency of petition; certification to governing body; contents. if the eleetiens effieial finds the signatiares en the petitien the suffieieney-ef the petitien to the regular fneeti„g. The City Clerk's certificate of sufficiency shall contain: (a) The name of the officer whose recall is sought. - 12 - 2 3 4 5 6 FM 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (b) The title of his or her office. (c) The number of signatures required by law. (d) The total number of signatures on the petition. (e) The number of valid signatures on the petition. (f) The number of signatures, which were disqualified. Sec. 2.110. order by City Council ;�____g bed -If. Within twenty-eight (28) days after the meeting at which the City Council geveEnin n bedy received the certificate of sufficiency, the City Council __ ______g beay shall issue an order stating that an election shall be held pursuant to this Article to determine whether or not the officer named in the petition shall be recalled. Sec. 2.111. Time; consolidation with regular or special election. The election shall be held on the next established election date under the California Elections Code not less than eighty-eight (88)7- ner-xaere than ene hiandr-ed twenty- ive-(32 S) , days after the issuance of the order., and if —a —regular er special eleetien is to be held i te be reealled within this time peried, the iFeeall eleetien shall be e eet; Sec. 2.112. Limitation on the election for recall of several officers. Not more than two (2) Members of the City Council shall be subject to recall at any election. Should more than two Members of the City Council be subject to a recall process at any given time, consistent with the limitations of Section 2.94, the City Clerk shall determine by random lot the order that elections for officers subject to recall shall be scheduled. One election is sufficient for the - 13 - 1 2 3 4 5 6 7 8 X, 10 11 12 13 MN 15 16 17 18 19 20 21 22 23 24 25 26 27 28 recall of several up to two officers. Sec. 2.113. Conduct, canvass and declaration of.results. A recall election shall be conducted, canvassed, and the results declared in substantially the manner provided by general law and this Code for a regular election for the office. Sec. 2.114. Removal from office if majority 2/3 vote for recall. If two-thirds or more = "' Brit-y of the votes on a recall proposal are "Yes," the officer sought to be recalled shall be removed from office upon the certification of the election results by the City l Council . qualf-ieatren ef his sueeesser. Sec. 2.115. Negative votes necessary for retention of office. If ene half ' 1� 22 one third (1-3 ) or more of the votes at a recall election are "No," the officer sought to be recalled shall continue in office. Sec. 2.116. Recall of officer creates vacancy; filling of vacancy. If a Member of the City Council is recalled, his or her office shall be vacant upon certification of the election results by the City Council. The vacancy shall be filled by the City Council by following the procedure set forth in California Government Code Section 36512 or any successor statute , except that a special election held to fill a vacancy, if called by the City Council, shall be held on the date of the next regular municipal election at least eighty eight (88) days following the call of the election. A recalled Member of the City Council shall not be eligible to fill a vacancy created by recall at the same election. preeedures; emeeptiens . - 14 - I 2 3 with this 4 The —€e l l ewing e me ep t i ezzeshall be Faade t e—ttp ire 5 ( . ) The neininatien papers a d-the deems en ez a aiaae 1, .. 6 shall, in eaeh ease, be filed net less than seventy five (7S) day& 7 prier te—the —date —ef t=e—eleetien and net be€ere the day the erder e_ 8 9 10 plaeeel en the ballet, that shall be dene by the 71st day prier te the 11 e et 13 14 15 at the same eleetien. 16 17 rc�z-vcES-rrcce$SYars—c6-tireccandidate 18 effieer 19 20 21 -(19-)days -a f ter-ree e iv ing his erher eertifie at e—ei e-1 _ t i ewe 22 effiee te whieh he er she was eleeted shall be vaeant, anel shall be 23 filled aeee r ding-=e " 24 Section 3. SEVERABILITY 25 The City Council declares that, should any provision, section, 26 paragraph, sentence or word of this ordinance be rendered or declared 27 invalid by any final court action in a court of competent 28 jurisdiction or by reason of any preemptive legislation, the 15 I remaining provisions, sections, paragraphs, sentences and words of 2 this ordinance shall remain in full force and effect. 3 Section 4. PUBLICATION 4 The City Clerk shall attest and certify to the adoption of this 5 Ordinance and shall cause this Ordinance and the City Clerk's 6 certification to be entered in the Book of Ordinances of the Council 7 of this City. The City Clerk shall cause this ordinance to be 8 published or posted as required by law. 9 Section 5. IMMEDIATE EFFECT 10 Pursuant to Section 4.3 of the Charter of the City of Vernon, the 11 City Council finds and declares that this ordinance relates to an 12 election and may be introduced and adopted at one meeting, and shall 13 take effect immediately. 14 PASSED APPROVED AND ADOPTED THIS 15�6 day of 2009. 15 17 Mayor 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Ordinance, being Ordinance No. 1162, was duly and regularly introduced at a meeting of the City Council of the City of Vernon, on Monday, October 26, 2009, and thereafter adopted and was duly signed by the Mayor or the Mayor Pro-Tem of the City of Vernon, by the following vote: AYES: Councilmembers: Mayor Gonzales, McCormick, Davis, Maisano, Newmire NOES: Councilmembers: None ABSENT: Councilmembers: None Executed this / day of �'✓"l� 2009, at Vernon, California. (SEAL) MANUELA G N City Clerk - 17- CITY CLERK'S OFFICE INTEROFFICE MEMORANDUM DATE: October 28, 2009 TO: Donal O'Callaghan, City Administrator Kristen Enomoto, Council Department Manager FRO Nelly Giron, City Clerk RE: ORDINANCE NO. 1162 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING ARTICLE XIV OF CHAPTER 2 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA 1959, RELATING TO THE RECALL OF MEMBERS OF THE CITY COUNCIL Transmitted herewith is a copy of Ordinance No. 1162 referenced above, which was approved by City Council on October 26, 2009. Thank you. NG:dj c: Ordinance No. 1162 A r - n nnnrf U C I. z Z (-uuu i CITY ATTORNEY'S OFFICE CITY GLttcnsurriu¢ Staff Report DATE: October 22, 2009 TO: The Honorable Mayor and Members of the City Council FROM: Laurence S. Wiener, City Attorney RE: Amendments to Municipal Code Relating to Recall Elections INTRODUCTION As a charter city, the City of Vernon has the authority to set rules to ensure the fair conduct of its elections, including the conduct of recall elections. The proposed Ordinance revises the City's procedures for recall elections to reflect the City's unique characteristics, specifically, the limited number of registered voters of the City, and to ensure a fair and open recall process controlled by registered voters of the City. DISCUSSION The proposed Ordinance imposes two new requirements regarding who may commence proceedings to recall an elected officer. As with the existing ordinance, proponents of the recall must be registered voters in the City of Vernon. The Ordinance requires that these proponents have been registered in Vernon for at least 14 days prior to initiating recall proceedings. It also prohibits recall proponents from soliciting or accepting any kind of payment or compensation for acting as a recall proponent and prohibits others from making such payments. Recall proponents must also state under penalty of perjury that they are qualified and are not accepting compensation for their efforts. The Ordinance extends limits on who can be recalled. It would prohibit recalls of officials who have not held office for more than 180 days — the current limit is 120 days — who have had a recall election determined in their favor within the last year — the current limit is six months — and whose term of office ends within one year — the current limit is nine months. The Ordinance also limits the number of City Council members who shall be subject to recall at any election to two. If a recall effort qualifies to have a recall election for more than two members of the City Council, a drawing by random lot will determine which two members will be on the recall election ballot. The Ordinance maintains the requirements for qualifying a recall petition, while changing the number of votes needed for a recall to ultimately succeed. The requirements for initiating a recall remain the same: recall proponents must obtain the signatures of 15 registered voters, or the number of voters required to nominate the official being recalled, whichever is higher, before circulating a recall petition. The Ordinance provides that the names of proponents and signers of a recall petition will be a matter of public record. The Ordinance also maintains the requirement that 40% of the registered voters in the City must sign a recall petition before a recall election is required, although it clarifies that the number of registered voters should be counted from the date the City Clerk determines that a recall petition meets the Ordinance's requirements and is ready to be circulated. But at the recall election itself, it requires the approval of two-thirds of the voters for a recall to succeed rather than a majority of the voters. The Ordinance also provides that if an officer is recalled the office would be declared vacant and the vacancy then filled pursuant to existing State law. This means that once a successful recall election is over, the City Council has the choice to either appoint a person to fill the vacancy or call a subsequent special election. Finally, the Ordinance makes technical corrections, including changing generic references to the "elections official" to the City Clerk, clarifying that those signing the recall petition write their name as it is recorded on the registration list, and clarifying certain filing deadlines. PROCEDURE Section 4.3 of the City's Charter provides that ordinances relating to elections shall become effective immediately upon adoption and may be introduced and adopted at the same meeting. Therefore, if the City Council chooses to adopt the proposed ordinance, the appropriate motion would be to introduce and adopt the ordinance at the October 26 meeting. No second reading is required. Upon an affirmative vote of the majority of the City Council, the ordinance will then become effective immediately. 11819570 AFFIDAVIT OF POSTING I, Manuela Giron, City Clerk, of the City of Vernon do hereby certify that on the 28th day of October 2009, I did post three (3) copies of the following: ORDINANCE NO. 1162 - An Ordinance of the City Council of the City of Vernon Amending Article XIV of Chapter 2 of the Code of the City of Vernon, California 1959, Relating to the Recall of Members of the City Council.. One on each of the following places, to wit: on the bulletin board outside the main entrance to the City Hall of the City of Vernon located at 4305 Santa Fe Avenue; 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 anq published in the City of Vernon. Date: ( (� anuela Gir City Clerk State of California ) )ss County of Los Angeles) On -hrfi�r�_1r(l A: -�60 before me. 1_ 11 i'7` 1 /. ze Ae— , Notary Public, personally appeared Manuela Giron who proved to me on the basis of satisfactory evidence to be the person(,$) whose name(A') is/ar subscribed to the within instrument and acknowledged to me that h-e/she/t-he-y executed the same in -l�-s/her/tie -r authorized capacity (4-es•) , and that by h- s/her/•ohs r signature(g) on the instrument the person(x), or the entity upon behalf of which the person(?) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal JUDITH A. LEHR Commiselon +� 1646365 Notary Public - CaNfomlo Lae AnpWes County *My1CWW.=d*Feb19,201 CERTIFICATE STATE OF CALIFORNIA ) ) SS .COUNTY OF LOS ANGELES) I, Manuela Giron, City Clerk of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: ORDINANCE NO. 1162 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF VERNON AMENDING ARTICLE XIV OF CHAPTER 2 OF THE CODE OF THE CITY OF VERNON, CALIFORNIA 1959, RELATING TO THE RECALL OF MEMBERS OF THE CITY COUNCIL IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this day of October 2009. SEAL: Manuela Giron City Clerk This space is for the County Clerk's Filing Stamp iztsteru Group ]JUh iratiaxts, ;Kit-r- The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN, NORTHEAST SUN, BELL GARDENS SUN, VERNON SUN, COMMERCE COMET, CITY TERRACE COMET, MONTEBELLO COMET, MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE, newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21. 1966. CASE NUMBER 884861; that the n^ tice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: SEPTEMBER 15, all in the year 2011. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 151hday of SEPTEMBER, 2011. CITY OF VERNON Proof of Publication of City of Vernon City Council Meeting September 20, 2011 Summary for Ordinance Nos. 1160 - 1167. 1169 - 1181 and 1183 Signature � r Since 1979: ��T��E�xT �xI7�.T�t �.i�ZtCix�tIIXi�S, �YTC� The Only All Hispanic Owned Chain of Bilingual Newspapers 111 S. Avenue 59, Los Angeles, CA 90042-4211 Ph 323.341-7970 • Fax 323.341-7976 • www.egpnews.com PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am a citizen of the United States and a resident of the County aforementioned; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of EASTERN GROUP PUBLICATIONS' EASTSIDE SUN, MEXICAN AMERICAN SUN NORTHEAST SUN, BELL GARDENS SUN VERNON SUN, COMMERCE COMET CITY TERRACE COMET, MONTEBELLO COMET MONTEREY PARK COMET, E.L.A. BROOKLYN BELVEDERE COMET AND WYVERNWOOD CHRONICLE newspapers of general circulation, printed and published THURSDAYS in the County of Los Angeles, and which newspaper has been adjudicated a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, under the date of JUNE 21, 1966. CASE NUMBER 884861; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: SEPTEMBER 22, all in the year 2011. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at LOS ANGELES, California, this 22-ndday of SEPTEMBER, 2011. ignature This space is for the County Clerk's Filing Stamp CITY OF VERNON Proof of Publication of CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. CITY OF VERNON CITY COUNCIL MEETING SEPTEMBER 20, 2011 SUMMARY FOR ORDINANCE NOS. 1160 — 1167, 1169 — 1181 AND 1183 A CERTIFIED: COPY OF THE FULL TEXT OF ADOPTED ORDINANCE NOS.. 1160 — 1167, 1169 — 1181 AND 1183 ARE AVAILABLE IN THE OFFICE OF THE CITY CLERK LOCATED AT 4305 SANTA FE AVENUE, VERNON, CALIFORNIA. Ordinance Nos. 1160 — 1167, 1169 — 1181 and 1183 were duly introduced at a regular meeting of the City Council of the City of Vernon and approved and adopted by said Council at a regular meeting held on September 20, 2011. On September 20, 2011, the City Council of the City of Vernon adopted Ordinance Nos. 1160 —1167, 1169 — 1181 and 1183 amending certain provisions of the Vernon City Code as follows: Ordinance No. 1160 was adopted by the City Council of the City of Vernon amending Sections 13.48 to 13.73 and adding Section 13.74 to Article IV, Hazardous Materials Monitoring Program, of Chapter 13, Health and Sanitation, of the Vernon City Code as follows: 1. To change the title of Article IV of Chapter 13 to Hazardous Materials Monitoring and Control Program; 2. To update and clarify definitions and other provisions in accordance with State hazardous material laws, regulations and regulatory options; 3. To renumber the following sections: Section 13.55 to 13.57, Section 13.57 to 13.55, Section 13.72 to 13.73 and Section 13.73 to 13.74; and 4. To add a section regarding unlawful hazardous materials management. Ordinance No. 1161 was adopted by the City Council of the City of Vernon adopting by reference the Department of Water Resources State Model Landscaping Ordinance,. amending Sections 25.100, 25.101, 25.102, 25.103, 25.104, 25.105, 25.106(b), 25.107(a) and adding Section 25.112 to Article VI, Water Conservation of Chapter 25, Water, of the Vernon City Code as follows: 1. To meet the requirements of the Metropolitan Water District Model Efficient Landscape Ordinance; and 2. To add a section regarding the Department of Water Resources State Model Efficient Landscape Ordinance. Ordinance No. 1162 was adopted by the City Council of the City of Vernon amending Article XIV of Chapter 2 of the Vernon City Code relating to the recall of Members of the City Council. Ordinance No. 1163, an emergency Zoning Ordinance, was adopted by the City Council of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co- ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon. City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1164, a zoning ordinance, was adopted by the City Council of the City of Vernon prohibiting the establishment of marijuana dispensaries, stores, co-ops, or marijuana cultivation operations in any zoning district within the City by amending Sections 26.2.9 and 26.4.1-4, of the Vernon City Code as follows: 1. To add a definition of marijuana dispensary, store, co-op, or cultivation operation; and 2. To prohibit the use in any Zone or Overlay Zone of the City. Ordinance No. 1165 was adopted by the City Council of the City of Vernon amending Chapter 2 of the Code of the City of Vernon, relating to City Council elections to implement campaign finance regulations. Ordinance No. 1166 was adopted by the City Council of the City of Vernon temporarily suspending acceptance, and review of non-exclusive solid waste franchise agreement applications. Ordinance No. 1167 was adopted by the City Council of the City of Vernon amending Chapter 2 of the Code of the City of Vernon, relating to City. Council elections and the appointment of Council members in uncontested elections. Ordinance No. 1169 was adopted by the City Council of the City of Vernon abolishing the Police and Fire Commission. . Ordinance No. 1170 was adopted by the City Council of the City of Vernon repealing Section 7.3 of the Vernon City Code authorizing the delegation of enforcement responsibilities for certain provisions of the Fire Code and other Fire Safety Regulations, Ordinance No. 1171 was adopted by the City Council of the City of Vernon adding Section 13.88 to the Vernon City Code to establish fees and charges pursuant to the aboveground petroleum storage act. Ordinance No. 1172 was adopted by the City Council of the City of Vernon amending Sections 2.34, 2.35, 2.36, 2.37 and 2.39 of Article V, Public Library, of Chapter 2, Administration, of the Vernon City Code as follows: 1. Establishing a Board of Library Trustees; composition; appointment of members; and 2. Appointing the Mayor as president and the Mayor pro tempore as president pro tempore of the Board of Library Trustees. Ordinance No. 1173 was adopted by the City Council of the City of Vernon amending the Vernon City Code to authorize the Fire Chief to report directly to the City Council and defining the term "reporting to the City Council." Ordinance No. 1174 was adopted by the City Council of the City of Vernon amending the Vernon City Code to clarify that the City Council appoints the purchasing agent. Ordinance No. 1175 was adopted by the City Council of the City of Vernon establishing a three-year restriction on cutting of newly paved or resurfaced streets and amending the Vernon City Code regarding deposits, surety bonds and liability insurance for encroachment permits and licenses. Ordinance No. 1176 was adopted by the City Council of the City of Vernon amending Chapter 24, building and construction, of the Code of the City of Vernon; adopting by reference (1) the 2010 California Building Code; (2) the 2010 California Electrical Code, and the 2006 edition of the ICC Electrical Code administrative provisions; (3) the 2010 California Mechanical Code; (4) the 201.0 California Plumbing Code; (5) the 2010 California Existing Building Code; (6) the 2009 International Existing Building Code; (7). the 2010 California Residential Code; (8) the 2010 California Green Building Standards Code; and (9) the 2010 California Energy Code, including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1177 was adopted by the City Council of the City of Vernon amending Chapter 7, fire regulation, of the Code of the City of Vernon; adopting by reference the 2010 California Fire Code including amendments, additions and deletions, and repealing all ordinances and parts of ordinances in conflict therewith. Ordinance No. 1178 was adopted by the City Council of the City of Vernon extending the existing time limits for the effectiveness of and the receipt of tax increment for the industrial redevelopment project. Ordinance No. 1179 was adopted by the City Council of the City of Vernon eliminating the existing time limits on incurring debt for the first amended industrial redevelopment project. Ordinance No. 1180 was adopted by the City Council of the City of Vernon amending section 2.1 of the Vernon City Code relating to the time and place of City Council meetings. Ordinance No. 1181 was adopted by the City Council of the City of Vernon extending the existing time limits for commencement of eminent domain proceedings to acquire property within the industrial redevelopment project. Ordinance No. 1183 was adopted by the City Council of the City of Vernon establishing a Housing Commission pursuant to the provisions of the City Charter of the City of Vernon and specifying the membership and duties of the Housing Commission. Willard G. Yamaguchi, City Clerk of the City of Vernon, does hereby certify that Ordinance Nos. 1160 — 1167; 1169 — 1181 and 1183 were duly introduced and approved by the City Council of the City of Vernon at a regular meeting and adopted and passed by said Council at a regular meeting held on September 20, 2011 by the following roll call vote: AYES: COUNCILMEMBERS: Mayor Gonzales, Davis, McCormick, Maisano, Newmire NOES: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None Dated: September 20, 2011 o illard G. Yaouc,,i, t Clerk r,